Cal. Welf. & Inst. Code § 12300.5
In-Home Supportive Services
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2021
As of January 1, 2011
(a) The California In-Home Supportive Services Authority, hereafter referred to as the Statewide Authority, established pursuant to Section 6531.5 of the Government Code, shall be the entity authorized to meet and confer in good faith regarding wages, benefits, and other terms and conditions of employment in accordance with Title 23 (commencing with Section 110000) of the Government Code, with representatives of recognized employee organizations for any individual provider who is employed by a recipient of in-home supportive services described in Section 12300 after the county implementation date as described in subdivision (a) of Section 12300.7.
(b) The Statewide Authority and the Department of Human Resources and other state departments may enter into a memorandum of understanding or other agreement to have the Department of Human Resources meet and confer on behalf of the Statewide Authority for the purposes described in subdivision (a) or to provide the Statewide Authority with other services, including, but not limited to, administrative and legal services.
(c) The state, the Statewide Authority, or any county that has met the conditions in Section 12300.7 shall not be deemed to be the employer of any individual provider who is employed by a recipient of in-home supportive services as described in Section 12300 for purposes of liability due to the negligence or intentional torts of the individual provider.
The department, in consultation with stakeholders, shall create, and provide to the Legislature, the framework for a permanent provider backup system. The permanent backup provider system shall not be implemented, and state or federal funds appropriated in the 2021–22 fiscal year or any other fiscal year shall not be used, until statutes are enacted to define the parameters of this service, including, but not limited to, the criteria and circumstances when those services may be approved for a recipient who is authorized to receive in-home supportive services pursuant to this article or Sections 14132.95, 14132.952, or 14132.956, as administered by the department, or waiver personal care services pursuant to Section 14132.97, as administered by the State Department of Health Care Services, or any combination of these services.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.