CA Welf & Inst Code § 12316 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 3 - State Supplementary Program for Aged, Blind and Disabled|ARTICLE 7 - In-Home Supportive Services|Section 12316.

12316.  (a) The City and County of San Francisco may implement a pilot project of not less than three years’ duration to implement the provision of pooled services under this article through a modified delivery system in no more than five HUD-subsidized senior housing facilities owned by nonprofit organizations. If the department deems that a waiver of statutes or regulations is necessary, the pilot project shall be operated in accordance with that waiver. The purpose of the pilot project shall be to improve consumer satisfaction with in-home supportive services.(b) (1) A pool of providers shall be selected by consumers, site staff, and the county to provide in-home supportive services under the pilot project consistent with the county’s uniform assessment of needs as specified in Section 12309.(2) Authorized nonmedical personal services shall be provided under the pilot project by providers in the pool at the times and frequency appropriate to meet each consumer’s need intermittently throughout the course of the day.(3) A memorandum of understanding between the county and the specific sites shall be signed before the project begins.(c) (1) Consumers shall sign a disclosure form that explains the consumer’s rights and responsibilities as an indication of their election to participate in the pilot project.(2) Consumers who live in designated senior housing projects shall be offered the option of being serviced by the pilot project. These consumers shall have the option to change that decision at any time.(d) As a separate consumer option under the pilot project, designated related services shall be provided for several consumers simultaneously.(e) The county shall monitor the provision of services under the pilot project to ensure that the level and quality of services provided through the pilot project is at least at the same level that would have been provided under the nonpilot project individual provider service delivery as provided in Section 12302.(f) (1) The department shall, in conjunction with the county, develop a provider timesheet and daily log to track the work performed by providers under the pilot project to ensure appropriate provider payment and to track the work provided for each consumer back to the consumer’s authorization.(2) It is the intent of the Legislature that provider payment be issued by the state’s Case Management Information and Payroll System (CMIPS) to each provider who provides services pursuant to the pilot project.(g) At the end of three years, the county shall evaluate the success of the pilot project implemented under this section. If the pilot project is successful, the department shall, at the county’s request, extend the pilot project for an additional two years. The success of the pilot project shall be evaluated based on the following factors:(1) Consumer satisfaction.(2) Cost effectiveness.(3) Average turnover of providers.(h) In evaluating the project, the county shall ensure all of the following:(1) An independent, impartial, outside evaluator or a county employee independent of the project shall be used.(2) If the county decides to employ an outside evaluator, the county shall be responsible for all costs associated with the evaluation.(3) The department shall approve the evaluation design and plan.(4) Quarterly progress reports shall be completed.(5) If a federal waiver is required, the county shall follow federal waiver evaluation criteria requirements.(i) The department may waive the enforcement of specific statutory requirements, regulations, and standards in the county by formal order of the director pursuant to Section 18204.(j) The department, in coordination with the Director of Health Services, shall seek any federal waivers or approvals necessary for continued funding of the Personal Care Services Program (PCSP) pursuant to Section 14132.95 of the Welfare and Institutions Code. The State Department of Health Services shall have 30 days from the date of request by the county to make a determination of the need to seek federal approval and, if the department deems the approval to be necessary, to formally request the approval. The implementation of the pilot project shall occur after any necessary federal waivers or approvals are obtained.(k) The pilot project shall be cost-neutral to the state.(Added by Stats. 1998, Ch. 479, Sec. 1. Effective January 1, 1999.)