Revenues - Home Care Services - Health & Safety - CA

Section § 1796.47

This law section outlines how the home care program is funded and managed. The program is funded by fees, not penalties, and initial costs can be covered by a loan from the state’s General Fund, to be repaid later. Fees can be adjusted to support the program, and community outreach can be funded from collected fees as deemed appropriate. The Home Care Fund and the Home Care Technical Assistance Fund are created to manage these finances, with distinct purposes for operational and educational support, respectively.

Reports and updates are required for oversight. By 2025, a report on the program’s financial health and fee structure recommendations must be submitted to the Legislature. Starting in 2024, quarterly updates will provide information on staffing, licensing, and enforcement efforts until the final report is submitted.

(a)

(1) Administration of this program shall be fully supported by fees and not civil penalties. Initial costs to implement this chapter may be provided through a General Fund loan that is to be repaid in accordance with a schedule provided by the Department of Finance. The department shall assess fees for home care organization licensure, and home care aide registration related to activities authorized by this chapter. The department may adjust fees as necessary to fully support the administration of this chapter. Except for General Fund moneys that are otherwise transferred or appropriated for the initial costs of administering this chapter, or penalties collected pursuant to this chapter that are appropriated by the Legislature for the purposes of this chapter, no General Fund moneys shall be used for any purpose under this chapter.

(2) A portion of moneys collected in the administration of this chapter, as designated by the department, may be used for community outreach consistent with this chapter.

(3) Notwithstanding the requirements of paragraph (1), General Fund moneys may be used to administer this chapter, as appropriated by the Budget Act of 2023 and the Budget Act of 2024.

(b) The Home Care Fund is hereby created within the State Treasury for the purpose of this chapter. All licensure and registration fees authorized by this chapter shall be deposited into the Home Care Fund, except the fingerprint fees collected pursuant to Section 1796.23, which shall be deposited into the Fingerprint Fees Account. Moneys in this fund shall, upon appropriation by the Legislature, be made available to the department for purposes of administering this chapter.

(c) Any fines and penalties collected pursuant to this chapter shall be deposited into the Home Care Technical Assistance Fund, which is hereby created as a subaccount within the Home Care Fund. Moneys in the Home Care Technical Assistance Fund shall, upon appropriation by the Legislature, be available to the department for the purposes of providing technical assistance, training, and education pursuant to this chapter.

(d)

(1) The department shall submit a report to the Legislature, no later than January 10, 2025, providing an update to the following:

(A) The solvency of the Home Care Fund, including any new resources.

(B) Recommendations on a new fee structure that allows the program to be self-sustaining or request any additional resource needs.

(2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

(e)

(1) Beginning January 1, 2024, the department shall submit quarterly written progress updates to the relevant legislative budget subcommittees and the Legislative Analyst’s Office, to facilitate the Legislature’s oversight of the department’s progress within the home care program. These updates shall include information regarding, at a minimum, all of the following:

(A) Staffing, including progress on hiring for the 15 new positions requested as part of the Budget Act of 2023, and progress on efforts toward elevating the Home Care Services Bureau into a branch of the department.

(B) Licensing, investigations, enforcement, and oversight, including up-to-date workload metrics, including all of the following:

(i) Home care aides, including the number of applications received and the number processed, including both new applications and renewals, as well as the average processing time.

(ii) Home care organizations, including the number of applications received and the number processed, including both new applications and renewals, as well as the average processing time.

(iii) Home care organization visits, including the number of visits completed.

(iv) Complaints, including the number received, the number investigated, and descriptions of the most common types of complaints.

(v) Businesses providing unlicensed home care services, including a description of any enforcement actions taken against businesses providing unlicensed home care services, and the estimated number continuing to operate.

(C) Fee structure review, including progress toward assessing the home care licensing fee structure and identifying any new resources that would facilitate the sustainability of the Home Care Fund.

(2) This subdivision shall become inoperative on January 10, 2025, or when the department delivers the report described in subdivision (d), whichever is later.

home care program fees for home care General Fund loan ...

Section § 1796.48

This section allows the department to charge fees for becoming and renewing registration as a home care aide. These fees are nonrefundable and are meant to cover various costs. These include costs related to criminal background checks conducted by both state and federal bodies, and the processing of applications. The collected fees go into the Home Care Fund, except for fingerprint fees, which are deposited into a separate account.

(a) The department may charge a nonrefundable application and nonrefundable renewal fee to become a registered home care aide and to renew a registered home care aide’s registration.

(b) The maximum fee shall not exceed the total actual costs, which include, but are not limited to, of all of the following:

(1) The searches for criminal offender records performed by the Department of Justice.

(2) The cost incurred by the Department of Justice for the searches of the records of the Federal Bureau of Investigation.

(3) The cost to the department to process the applications and maintain the home care aide registry and perform the duties required by this chapter and any rules and regulations promulgated pursuant to this chapter.

(c) The fees collected shall be deposited into the Home Care Fund pursuant to subdivision (b) of Section 1796.47, except the fingerprint fees collected pursuant to Section 1796.23, which shall be deposited into the Fingerprint Fees Account.

home care aide fees nonrefundable application fee renewal fee ...

Section § 1796.49

This law section outlines the fees that must be paid by those applying for or renewing a home care organization license in California. It includes a nonrefundable 24-month initial license fee, a two-year renewal fee, and any other necessary administrative fees. These fees go into the Home Care Fund, except for fingerprint fees, which are directed to a specific Fingerprint Fees Account.

(a) A home care organization applicant or home care organization licensee shall pay the following fees:

(1) A nonrefundable 24-month initial license fee, as prescribed by the department, for a home care organization application.

(2) A two-year nonrefundable license renewal fee, as determined by the department.

(3) Other reasonable fees as prescribed by the department necessary for the administration of this chapter.

(b) The fees collected shall be deposited into the Home Care Fund pursuant to subdivision (b) of Section 1796.47, except the fingerprint fees collected pursuant to Section 1796.23, which shall be deposited into the Fingerprint Fees Account.

home care organization initial license fee license renewal fee ...