DATE: October 18, 2016
TO: Board of Supervisors
SUBMITTED BY: Joy Cronin, Executive Director, IHSS Public Authority
Delfino E. Neira, Director, Department of Social Services
SUBJECT: Presentation on In-Home Supportive Services Public Authority Program Overview
RECOMMENDED ACTION(S):
TITLE
Sitting as the In-Home Supportive Services Public Authority Governing Board:
Receive Program Overview presentation from the In-Home Supportive Services Public Authority
REPORT
The presentation will provide your Board with an overview on the In-Home Supportive Services Public Authority Program’s legal authority and funding structure.
ALTERNATIVE ACTION(S):
There is no viable alternative action.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended action.
DISCUSSION:
The presentation will provide your Board with an overview on the In-Home Supportive Services (IHSS) Public Authority Program’s legal authority and funding structure.
The IHSS Public Authority is the employer of record for IHSS Providers and is a local agency legally separate from the County. As authorized through Welfare and Institutions Code Section 12302.25, County boards of supervisors are required to establish a Public Authority, by ordinance, or contract with a Nonprofit Consortia (NPC) to serve as the IHSS employer of record. Fresno County Ordinance Chapter 2.80.030 establishes a public authority for Fresno County.
The Fresno County PA is deemed the employer for the purposes of employee/employer relations for IHSS providers, including collective bargaining. However, the IHSS recipient is the provider’s employer and is responsible to hire, train, supervise, and fire the individual.
Effective July 1, 2012, the State implemented a Maintenance of Effort (MOE) for the IHSS Program. Prior to the IHSS MOE, the County share of cost for IHSS was determined through statutory sharing ratios and the County was responsible for approximately 17.6% of the total cost of the IHSS Program. Under the MOE, the County share of cost became a set amount that was equal to the actual County share of cost incurred by each County for FY 2011-12. The County must pay that set amount regardless of actual IHSS Program expenditures.
Based on current statute, the IHSS MOE can be increased by the State for the following reasons: 1) County negotiated wage and/or benefits increases that take effect after July 1, 2012; and 2) an annual inflation factor of 3.5% beginning July 1, 2014, and each year thereafter, with the exception of years where there is ‘negative growth’ in 1991 Realignment.
ATTACHMENTS INCLUDED AND/OR ON FILE:
PowerPoint Presentation
CAO ANALYST:
Ronald Alexander