California Elder Law Attorney Blog

New state requirements could jeopardize the ability of in-home care workers to assist some elderly and disabled residents in California who request help for staying in their homes.

California state law shall require a criminal background check and an orientation, as well as finger printing before new in-home care givers can get paid.

The new laws were designed to reduce fraud and save money, but in a joint subcommittee hearing Wednesday, welfare experts said the requirements are impossible to meet in the time frame allowed.

But state officials defended the changes, passed by the Legislature in July.

"We've been working with the counties since the budget passed to talk through these very significant changes. We understand that the timelines are very aggressive," said Lizelda Lopez, spokeswoman for the state Department of Social Services. "But we must comply with the law."

County welfare directors used words like "chaos" to describe what is happening to the program. A spokesman for Assemblywoman Noreen Evans, D-Santa Rosa, said the committee member plans to introduce emergency legislation to deal with the problems.

The program provides services, such as help with laundry and other care, to about 450,000 Californians.

It improves the quality of life of recipients and saves the state money on institutionalization by keeping people in their homes.

Each month, about ten of thousands of California residents use the service.
The problems with the new guidelines are many, say elder law attorney Steven C. Peck.

For example, California county employees now aren't authorized to conduct required U.S. Department of Justice criminal background checks. It will take four to six weeks to set up.

Also, the state-provided 40-minute orientation video to counties is in English only.

There is now seemingly a duty to provide information in the language that people understand, especially if we are asking them do they agree and understand it and then to sign under penalty of perjury

While the new legislation works its way through the Legislature, it's unclear what will happen to people who apply for in-home care before a fix is found.