Yuba County Municipal Code Ch. 4.55 In-Home Supportive Services Public Authority of the County of Yuba

As required by Welfare and Institutions Code § 12302.25, the Board of Supervisors of the County of Yuba hereby establishes a public authority, separate and apart from the County of Yuba, whose powers are derived from and consistent with the provisions of Welfare and Institutions Code § 12301.6. The purpose of this public authority is to provide for the delivery of in-home supportive services in Yuba County. As more fully described below, the public authority shall serve as the employer of record of providers of in-home supportive services for purposes of the Meyers-Milias-Brown Act (Government Code § 3500 et seq.) in accordance with such act.

(Prior Code, § 4.55.010; Ord. No. 1306)

The following definitions apply for purposes of this Chapter:

(1) Contract mode means the State-sanctioned service delivery system for IHSS whereby the County contracts with a home care vendor to provide IHSS authorized services. Under this mode, authorized IHSS services are provided by employees of the contractor.

(2) County means the County of Yuba.

(3) Employer of record means the Public Authority in its capacity of employer of IHSS Independent Providers, within the meaning of the Meyers-Milias-Brown Act (Government Code § 3500 et seq.).

(4) IHSS means in-home supportive services as described in Welfare and Institutions Code Div. 9, Pt. 3, Ch. 3, Art. 7 (Government Code § 12300 et seq.).

(5) Independent provider mode means the State-sanctioned provider mode whereby the IHSS consumer selects, hires, schedules, trains and supervises a home care provider of his or her own choosing.

(6) Provider means a person who provides in-home supportive services to a recipient using the independent provider mode. For purposes of this Chapter, "provider" does not mean a person who provides in-home supportive services under the IHSS contract mode.

(7) Public Authority means the In-Home Supportive Services Public Authority of the County of Yuba which is created by this Chapter.

(8) Recipient means a person eligible and authorized to receive in-home supportive services under Welfare and Institutions Code Div. 9, Pt. 3, Ch. 3, Art. 7 (Welfare and Institutions Code § 12300 et seq.).

(9) Registry means the system developed and maintained to provide IHSS recipients with names of available providers according to their stated preferences.

(Prior Code, § 4.55.020; Ord. No. 1306)

(a) Authority and purpose. Pursuant to Welfare and Institutions Code §§ 12301.6 and 12302.25, the Yuba County Board of Supervisors establishes a public authority to provide for the delivery of in-home supportive services.

(b) Name. The name of the public authority shall be the In-Home Supportive Services Public Authority of the County of Yuba and shall be referred to as "the Public Authority."

(c) Governing body. The governing body of the In-Home Supportive Services Public Authority of the County of Yuba is the Yuba County Board of Supervisors.

(d) Separate entity. The In-Home Supportive Services Public Authority of the County of Yuba shall be a public entity separate and distinct from the County of Yuba, and shall be required to file the statement required by Government Code § 53501.

(e) Advisory committee.

(1) Pursuant to Welfare and Institutions Code § 12301.3 and Welfare and Institutions Code § 12301.6, the Board of Supervisors shall appoint an advisory committee. Such advisory committee shall consist of no more than 11 individuals, however no fewer than 50 percent of the members of the advisory committee shall be individuals who are current or past users of personal assistance services paid for through public or private funds or recipients of services under Welfare and Institutions Code Div. 9, Pt. 3, Ch. 3, Art. 7 (Welfare and Institutions Code § 12300 et seq.).

(2) The existing IHSS Advisory Committee shall serve as the advisory committee to the Public Authority and shall fulfill the roles and responsibilities required by Welfare and Institutions Code § 12301.6.

(3) The term of service shall be two years, but a committee member may be re-appointed to subsequent terms upon the written request of the committee member and the approval of the Board of Supervisors.

(4) The IHSS Advisory Committee shall provide ongoing advice and recommendations regarding in-home supportive services to the Yuba County Board of Supervisors, any administrative body in the County that is related to the delivery and administration of in-home supportive services, and the Directors and administrative agency of the Public Authority.

(Prior Code, § 4.55.030; Ord. No. 1306)

(a) Character of authority. The 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 IHSS in Yuba County, and all powers and functions ascribed to a public authority for IHSS in Welfare and Institutions Code Div. 9, Pt. 3, Ch. 3, Art. 7 (Welfare and Institutions Code § 12300 et seq.). Employees of the Yuba County In-Home Supportive Services Public Authority and providers shall not be deemed to be employees of the County of Yuba for any purpose.

(b) Public Authority functions. The Public Authority shall carry out the following functions to implement the goals and objectives of Welfare and Institutions Code § 12301.6, and including, but not limited to:

(1) The provision of assistance to recipients in finding IHSS providers through the establishment of a registry pursuant to operational policies approved by its governing body.

(2) Investigation of the qualifications and background of potential IHSS providers on the registry.

(3) Establishment of a referral system under which IHSS providers are referred to recipients.

(4) Provide for training for providers and recipients or inform providers and recipients of other available training. However, the Public Authority is not obligated to provide training directly, to pay for training provided privately or in the community, to pay providers for the time spent in training, to accompany recipients to training, to pay for transportation to training, or to pay for any materials required by the training. The Public Authority is not obligated to screen or be responsible for the content of any training whether or not the Public Authority has informed providers or recipients of the availability of such training in the community. The Public Authority is not obligated to ensure that any provider or recipient attend or complete any training.

(5) Performing other functions related to the delivery of in-home supportive services as directed by the Board of Supervisors, or as required by governing law.

(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.

(c) Exclusions of Public Authority functions.

(1) The Public Authority powers do not include responsibility for nor shall the Public Authority be obligated to provide training directly, to pay for training provided privately or in the community, to pay for providers' time spent in training, to accompany recipients to training, to pay for or provide transportation to training or to pay for any materials required by the training. The Public Authority shall not be obligated to ensure that any provider or recipient attend or complete any training.

(2) The Public Authority shall not be responsible for authorizing services for an IHSS recipient.

(3) The Public Authority shall not be responsible for determining the recipient's need for IHSS, the level and quality of services required, and the eligibility of individuals to be served.

(4) The Public Authority shall not be responsible for conducting the initial or any subsequent assessment of need for services.

(5) The Public Authority shall not be responsible for terminating the recipient's participation in the IHSS program. The above-referenced services and functions shall be the exclusive responsibility of the County of Yuba.

(6) The Public Authority shall not be responsible nor held liable for any action or omission of any provider.

(Prior Code, § 4.55.040; Ord. No. 1306)

State Law reference— Authority to establish above authority, Welfare and Institutions Code § 12301.6.

(a) For the purpose of labor negotiations, wages, benefits and other terms of employment, the Public Authority shall be deemed to be the employer of record of IHSS providers within the meaning of the Meyers-Milias-Brown Act (Government Code § 3500 et seq.). Nothing in these enumerated powers shall be construed to limit or interfere with the rights of IHSS recipients to hire, fire with or without cause, and supervise the work of any person providing services to them.

(b) In order to assure the preservation of the individual provider mode and limit the liability of the Public Authority, the Public Authority shall have no authority or jurisdiction to regulate, control, or limit the rights and responsibilities of recipients of IHSS 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 Public Authority, just as they held such rights and responsibilities independent of the County prior to the formation of the Public Authority.

(Prior Code, § 4.55.050; Ord. No. 1306)

Recipients may select IHSS providers who are not on the Registry and who are not referred to them by the Public Authority. Those providers shall nevertheless be referred to the Public Authority for the purposes of wages, benefits, and other terms and conditions of employment.

(Prior Code, § 4.55.060; Ord. No. 1306)

The creation and operation of the Public Authority shall not alter, require the alteration of, or interfere with the State payroll system and other provisions of Welfare and Institutions Code § 12302.2 for individual provider of IHSS, or affect the State's responsibility with respect to unemployment insurance or workers' compensation for providers of IHSS.

(Prior Code, § 4.55.070; Ord. No. 1306)

(a) The Board of Supervisors shall adopt rules and regulations for administration of employer-employee relations. The Board of Supervisors shall adopt an employer-employee relations policy relating to IHSS providers.

(b) The County Administrative Officer and the County Personnel Director, or their designees, are authorized to act as managers of labor relations for the Public Authority.

(c) The Public Authority shall establish rules and regulations respecting the labor relations responsibilities of the Public Authority.

(Prior Code, § 4.55.080; Ord. No. 1306)

In establishing the Public Authority, the Board of Supervisors recognizes that the funding of IHSS is the product of a complex relationship of Federal, State, and County financing, and that the ability of the Public Authority to operate and to negotiate the wages and benefits of the providers of IHSS is contingent upon the availability of adequate funding. The costs and expenses of County to provide administrative, legal, labor relations, and other services to the Public Authority, and to make payments to or provide benefits for IHSS providers, shall be charged against the funds of the Public Authority. The County is not required to appropriate, transfer, or make contributions to the IHSS program in excess of those required by law.

(Prior Code, § 4.55.090; Ord. No. 1306)

(a) The establishment and operation of the Public Authority or application of the Meyers-Milias-Brown Act (Government Code § 3500 et seq.) shall not result in payments from County's general fund beyond the County's annual appropriation for the Public Authority, if any, which shall be an absolute limit on County cost.

(b) The total of all operating costs, wages, and benefits proposed or established by the Public Authority shall be consistent with the provision of the County budget. The Public Authority shall not establish a payment rate, including costs of wages, benefits and operation, until the Public Authority determines that the funds necessary for the payment rate are legally available. The annual appropriation for the Public Authority, if any, contained in the County budget, as may be amended by the Board of Supervisors from time to time, shall be an absolute limit on County cost for that fiscal year.

(c) The Public Authority shall adopt its budget under the same laws, rules and policies that control the County budget process.

(d) Services shall not be reduced in order to fund the Public Authority or implementation of the Meyers-Milias-Brown Act (Government Code § 3500 et seq.).

(e) The Public Authority shall provide the County with the expenditure information necessary for the County to report to the California Department of Social Services in order to receive reimbursement for the State and Federal share of the Public Authority costs.

(f) The Public Authority shall assist the County in developing and submitting the information and documentation necessary to obtain approval from the California Department of Social Services for the Public Authority's reimbursement rate and any rate adjustment.

(g) Payment for all services provided pursuant to this Chapter is contingent upon the appropriation of County, State and Federal funds for the purpose of providing IHSS.

(Prior Code, § 4.55.100; Ord. No. 1306; Ord. No. 1319)

(a) The Public Authority is, for all purposes arising out of this Chapter, an independent contractor and neither the Public Authority nor its employees shall be deemed employees of the County of Yuba for any purpose.

(b) The Public Authority shall not be deemed to be the employer of IHSS providers under this Chapter for purposes of liability due to the negligence or intentional torts of the IHSS providers.

(c) Any obligation of the Public Authority, whether statutory, contractual, or otherwise, shall be the obligation solely of the Public Authority and shall not be the obligation of the County of Yuba.

(d) The Public Authority shall not be held liable for any act or omission of any provider whom the Public Authority did not list on its registry or otherwise refer to a recipient.

(e) The County shall be immune from any liability resulting from its implementation of this Chapter and/or administration of the IHSS program pursuant to Welfare and Institutions Code § 12301.6.

(f) Any and all contracts, leases, or other agreements of any nature, including collective bargaining agreements, between the Public Authority and third parties other than the County shall contain the following statement: "The Public Authority is an independent legal entity separate and apart from the County of Yuba. The Public Authority has no power to bind the County to any contractual or legal obligations, nor may the obligees of the Public Authority seek recourse against the County of Yuba for any financial or legal obligation of the Public Authority."

(g) The Public Authority shall require any and all third parties contracting with the Authority to indemnify and hold harmless the Public Authority, to provide the Public Authority with written acknowledgment of such indemnification, and to maintain adequate levels of insurance, as determined by the County's Risk Manager, naming the Public Authority as an additional insured.

(h) Without limiting its indemnification of the County, the Public Authority shall acquire and maintain appropriate insurance in amounts and coverage types determined to be adequate and appropriate by the County's Risk Manager and shall name and the County as additional insured.

(i) The Public Authority shall indemnify, defend and hold harmless the County and its special districts, elected and appointed officers, employees and agents from and against any; and all liability, including acts of active negligence, from any and all expenses, including defense costs and legal fees, and claims for damages of any nature whatsoever, including but not limited to personal injury or property damages, arising from or connected with any act or omission of any officer or employee of the Public Authority. The Public Authority shall provide an acknowledgment of such indemnification in writing to the County.

(Prior Code, § 4.55.110; Ord. No. 1306)

(a) Records. The Public Authority shall develop a records retention policy consistent with County, State, and Federal laws and policies. The Public Authority shall make any of the retained records available to all authorized County, State and Federal representatives.

(b) Termination of Public Authority. By repeal of the Chapter, the Board of Supervisors may abolish the Public Authority.

(c) Severability. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be unconstitutional and invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The Board of Supervisors declares that it would have passed this Chapter and every section, subsection, sentence, clause or phrase, regardless of the fact that any one or more section, subsection, sentence, clause or phrase be declared unconstitutional or invalid.

(Prior Code, § 4.55.120; Ord. No. 1306)