Orange County Municipal Code Art. 2 Authority Powers

The Orange County In-Home Supportive Services Public Authority shall be a corporate public body, exercising public and essential governmental functions, that has all the powers necessary or convenient to carry out the delivery of in-home supportive services in Orange County, including the power to contract for services in Orange County, the power to contract for services pursuant to sections 12302 and 12302.1 of the Welfare and Institutions Code, and to make or provide for direct payment to a provider chosen by the recipient for the purchase of services pursuant to sections 12302 and 12302.2 of the Welfare and Institutions Code. All contracts between the Authority and third parties shall contain an express provision advising the contractor that the Authority is a separate governmental entity and that such agreement does not bind the County.

(Ord. No. 02-001, § 1, 2-5-02)

Employees of the Authority shall not be employees of the County for any purpose.

(Ord. No. 02-001, § 1, 2-5-02)

The Authority shall carry out the following functions:

1. The provision of assistance to recipients in finding in-home supportive services providers through the establishment of a registry.

2. Investigation of the qualifications and background of potential in-home supportive services providers.

3. Establishment of a referral system under which in-home supportive services providers shall be referred to recipients.

4. Provide access to training for providers and recipients.

5. Performing other functions related to the delivery of in-home supportive services as directed by the Governing Board.

6. Ensuring that the requirements of the personal care option pursuant to Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code are met.

(Ord. No. 02-001, § 1, 2-5-02)

1. The Authority shall be deemed to be the employer of in-home supportive services providers, within the meaning of Chapter 10 (commencing with section 3500) of Division 4 of Title 1 of the Government Code, provided, nevertheless, that recipients shall retain the right to select, terminate, and direct the work of any in-home supportive services providers providing services to them.

2. In order to assure the preservation of the individual provider mode and limit the liability of the Authority, the Authority shall have no authority or jurisdiction to regulate, control, or limit the rights and responsibilities of recipients of in-home supportive services to hire, fire or supervise providers. The right to supervise includes, but is not limited to, the right to determine matters such as work schedules, tasks and duties, assignments and direction of work, methods and standards of care and conduct, discipline, provisions for safety and security, control of premises, any in-home living or other accommodations, and final resolution of concerns, problems and complaints relating to such supervision. Recipients retain such rights and responsibilities independent of the Authority, just as they held such rights and responsibilities independent of the county prior to the formation of the Authority.

(Ord. No. 02-001, § 1, 2-5-02)

Recipients of in-home supportive services may select in-home supportive services providers who are not referred to them by the Authority. Those providers shall nevertheless be referred to the Authority for the purposes of wages, benefits, and other terms and conditions of employment.

(Ord. No. 02-001, § 1, 2-5-02)

The creation and operation of the Authority shall not alter, require the alteration of, or interfere with the state payroll system and other provisions of Welfare and Institutions Code section 12302.2 for individual providers of in-home supportive services, or affect the state's responsibility with respect to unemployment insurance or worker's compensation for providers of in-home supportive services. Nor shall the creation and operation of the Authority alter, require the alteration of, or interfere with existing County responsibilities to perform eligibility functions and needs assessments as required by the provisions of the Welfare and Institutions Code.

(Ord. No. 02-001, § 1, 2-5-02)