2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 13 - Home Care Services › ARTICLE 9 - Revenues › Section 1796.47.

1796.47. (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.
(Amended by Stats. 2023, Ch. 43, Sec. 26. (AB 120) Effective July 10, 2023.)