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The In-Home Supportive Services Advisory Committee authorized by the Board of Supervisors on May 16, 2000, shall be the Advisory Committee required to comply with Welfare and Institutions Code section 12301.6. At all times, no fewer than fifty-one percent (51%) of the membership 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 pursuant to Article 7 of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code. In the event vacancies occur in the original membership of the Advisory Committee, vacancies shall be filled by individuals who are current or past users of personal assistance services paid for through public or private funds or recipients of services pursuant to Article 7 of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code. The Advisory Committee and the Executive Director of the Public Authority shall present an annual report to the governing body of the Public Authority.
(Added by Ord. No. 9345 (N.S.), effective 7-19-01)
The County of San Diego 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 the County of San Diego, including 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.
(Added by Ord. No. 9345 (N.S.), effective 7-19-01)
A. The County of San Diego In-Home Supportive Services Public Authority shall carry out the following functions:
1. The provision of assistance to recipients in finding in-home supportive services personnel through the establishment of a registry.
2. Investigation of the qualifications and background of potential personnel.
3. Take such steps as may be necessary through the use of Department of Justice background clearances to implement Welfare and Institutions Code Section 12301.6, including obtaining criminal history information on employees providing in-home supportive services and not consider a person for employment who will be providing in-home supportive services, if that person has been convicted of a felony or misdemeanor, except that such conviction may be disregarded if it is determined that mitigating circumstances exist or if the conviction is not related to providing such services.
4. Establishment of a referral system under which in-home supportive services personnel shall be referred to recipients.
5. Providing for training for providers and recipients.
6. Performing other functions related to the delivery of in-home supportive services.
7. 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.
B. The Public Authority may provide the following functions:
1. Provide for additional compensation within budget limitations to individual providers who serve the severely disabled.
2. Provide payroll services for IHSS individual providers.
3. Provide program oversight to review the work of individual providers.
4. Provide emergency services when an IHSS recipient's regular service provider is unavailable.
5. Perform other functions related to the In-Home Supportive Services program as set forth in an Interagency Agreement between the Public Authority and the County of San Diego, including but not limited to, provider enrollment functions for any individual provider (registry and non-registry), conducting criminal background checks on any provider or prospective provider as provided for by law, conducting provider orientations, or any other functions as necessary or required by state law and regulations, subject to available funding.
(Added by Ord. No. 9345 (N.S.), effective 7-19-01; amended by Ord. No. 9567 (N.S.), effective 8-7-03; amended by Ord. No. 10021 (N.S.), effective 1-7-10)
In order to carry out its functions, the Public Authority may enter contracts with the County and other organizations or entities as necessary. Such contracts may include, but are not limited to, contracts for the provision of banking, auditor, payroll, counsel, administrative and other necessary services for the operation of the Public Authority. Funds necessary to pay for contract services are subject to the budget appropriations processes of the Public Authority and the County.
(Added by Ord. No. 9345 (N.S.), effective 7-19-01)
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