County of Los Angeles
Department of Consumer Affairs
New Consumer Laws 2012
In-Home Support Services: Stricter screening of care providers
AB 876– Chapter 73 - W&I Code §12305.87
Effective January 1, 2012
Summary: Prohibits care providers who have been convicted of specified crimes to sign an individual waiver form on behalf of a care recipient unless the caregiver is a parent, guardian, custodian, conservator or spouse.
Background: The In-Home Supportive Services program provides domestic services to qualified aged, blind, and disabled persons enabling them to remain in their own homes. Current law prohibits a person from providing supportive services if they were convicted of fraud against a government health care or supportive services program, child endangerment, or elder abuse in the past 10 years. People convicted of additional selected felonies are also prohibited from providing service, but the care recipient can obtain a waiver from the county to allow these people to provide service. A provision to the law allowed an authorized representative to sign the waiver on behalf of a recipient which allowed the caregivers to sign the waiver for themselves.
The New Law: Redefines “authorized representative” to exclude a care provider with the criminal record unless that individual is the care recipient’s parent, guardian, person having legal custody of a minor recipient, conservator of an adult recipient, spouse, or registered domestic partner.
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the County of Los Angeles Department of Consumer Affairs.
For more information:
County of Los Angeles Department of Consumer Affairs
B-96 Kenneth Hahn Hall of Administration
500 W. Temple Street * Los Angeles, CA 90012-2706
Telephone (800) 593-8222 (within the County) * (213) 974-1452