Existing federal law establishes the Program of All-Inclusive Care for the Elderly (PACE) , which provides specified services for older individuals at a PACE center so that they may continue living in the community. Federal law authorizes states to implement PACE as a Medicaid state option. Existing state law establishes the California Program of All-Inclusive Care for the Elderly (PACE program) to provide community-based, risk-based, and capitated long-term care services as optional services under the state's Medi-Cal State Plan. Existing law generally requires an adult day health care center or home health agency to be licensed by the State Department of Public Health, which is required to obtain a criminal record clearance for specified individuals who own or are employed by the adult day health care center or home health agency. Under existing law, an adult day health care center or a home health agency that has been approved by the State Department of Health Care Services to exclusively serve PACE participants is exempt from licensure by the State Department of Public Health.
Existing law requires the State Department of Health Care Services to obtain a criminal record clearance for the administrator, program director, and fiscal officer of an adult day health care center before approving the center to exclusively serve PACE participants or individuals being assessed for the PACE program. Existing law requires each specified individual, in order to qualify for criminal record clearance, to submit electronic fingerprint images and related information required by the Department of Justice and to be responsible for any costs associated with transmitting the electronic fingerprint images. Existing law requires the fee to cover the department's processing costs, not including the costs associated with capturing or transmitting the fingerprint images and related information, not to exceed $32 per submission to the department.
This bill would remove the $32 limit on the processing fee and would instead require the Department of Justice to charge a fee that is sufficient to cover the department's cost of processing the criminal record check.
Under existing law, to qualify for approval as a home health agency that exclusively serves PACE participants or individuals being assessed for the PACE program, an owner or administrator of a home health agency is required to submit electronic fingerprint images, at the owner's or administrator's expense, to the Department of Justice for the furnishing of the owner's or administrator's criminal record to the State Department of Health Care Services. Existing law prohibits a facility from allowing a newly hired administrator, program director, or fiscal officer to have direct contact with clients or residents of the facility before completing the criminal record clearance process pursuant to these provisions. Existing law requires the Department of Justice to charge a fee that is sufficient to cover the department's cost of processing the criminal record check.
This bill would instead require the above-described persons who own or are employed by a home health agency to be responsible for any costs associated with transmitting the electronic fingerprint images. The bill would require the fee to cover the department's processing costs, not including the costs associated with capturing or transmitting the fingerprint images and related information, not to exceed $32 per submission to the department.