CDCAN
DISABILITY
RIGHTS NEWS REPORTCalifornia Disability Community Action Network
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Marty
Omoto - martyomoto@rcip.com
website: www.cdcan.us
Report
#052-2008 - March 29, 2008 - Saturday
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CDCAN IS HOLDING SESSION WITH OTHER ASIAN/PACIFIC ISLANDER ADVOCATES!
California Legislature
* SENATE HUMAN SERVICES COMMITTEE HEARING
* SB 1136 AMENDED - WILL BE HEARD APRIL 8TH
Amendment Would Make It Crime For Non-lawyers
to Charge Or Receive "Unconscionable Fee" To Help People Obtain or
Keep Medi-Cal, CalWORKS, Healthy Families, Regional Center federally funded
services, IHSS and other Public Social Services
SACRAMENTO (CDCAN) - Proposed legislation that
originally would have prohibited persons who are not lawyers from charging any
fee to help a person with their eligibility and related issues for public
social service programs such as Medi-Cal, In-Home Supportive Services,
regional center federally funded services, was amended on Friday (March 28)
that instead would make it a misdemeanor for non-lawyers to
charge an "unconscionable fee" for such
services. [copy of the latest amendments to SB 1136 are on the CDCAN
website at www.cdcan.us or see below for
text of bill as amended]
The bill is set for hearing in the Senate Human Services Committee, April 8th, Tuesday afternoon at 1:30 PM, at the State Capitol in Room 3191. Several other bills, including those impacting In-Home Supportive Services pilot program, habilitation services, foster care, the State Council on Developmental Disabilities, and an proposed Office of Immigrant Affairs are also scheduled for hearing in that committee on April 8th.
The bill is set for hearing in the Senate Human Services Committee, April 8th, Tuesday afternoon at 1:30 PM, at the State Capitol in Room 3191. Several other bills, including those impacting In-Home Supportive Services pilot program, habilitation services, foster care, the State Council on Developmental Disabilities, and an proposed Office of Immigrant Affairs are also scheduled for hearing in that committee on April 8th.
The bill, sponsored by the County of Santa Clara, has
drawn opposition from organizations and individuals who provide similar
services and who are not lawyers. Two meetings were held with supporters and
some advocates, including individuals and organizations to discuss
alternatives - and it is not clear if the March 28th amendments will remove
opposition to the legislation or how the bill - if passed - could be
enforced.
Impact of the Bill on People With Disabilities, Mental Health Needs,
Seniors
* The bill, as amended March 28, would make it a crime
(misdemeanor) for any person, other than a person who is an attorney (member
of the California State Bar) to charge or receive an "unconscionable
fee" as defined in the bill to "prepare or aid an applicant",
including persons with disabilities, seniors, mental health needs, in the
"procurement, maintenance or securing of public social services
administered or supervised" by the California Departments of Health
Care Services, Social Services and Public Health.
* Some of those services and programs administered by
those three state departments include Medi-Cal, CalWORKS, In-Home Supportive
Services, regional center services funded with Medicaid funds, several aging
and long term care programs funded by Medi-Cal, Healthy Families, AIDs and
HIV programs, and more.
* The amendments of March 28th however would seem to
exempt those individuals and organizations, who are not lawyers and help
seniors, people with disabilities, mental health needs, children with
special needs, low income families and others, providing they do not charge
or receive an "unconscionable fee" as defined in the bill.
* It is not clear however how the bill can be enforced or
if the term "unconscionable fee" as defined in the bill could
somehow be used still against legitimate non-lawyer individuals and
organizations helping seniors and people with disabilities and others.
* Many family members and other advocates, including those who focus on
families with children with autism, those people who provide assistance in
benefit counseling to seniors and others have said they would have been
prohibited from providing any help under the original introduced version of
the bill. Many people with disabilities, including those with
developmental disabilities, seniors, low income families and children,
people with mental health needs, people with MS and other disorders, people
with traumatic brain and other injuries, often need assistance to navigate
through the various local systems in order to obtain needed services and
supports.
* The County of Santa Clara's counsel's office say the bill is needed to
give them tools to fight persons who are not lawyers who prey upon people -
especially seniors - who are charged fees sometimes ranging into the tens of
thousands of dollars - to provide them with information or help them obtain
public social services, including Medi-Cal.
* Some advocates and others have questioned the approach of the County of
Santa Clara in addressing the problem, and some wondered why lawyers
(members of the California State Bar) would be exempt.
* To testify at the Senate Human Services Committee, simply show up at the
committee hearing room a few minutes before the start of the hearing and
wait for the chair to call for witnesses in support or opposition (you need
to move quickly up to the table where there are microphones).
Generally, the chair of this committee limits testimony for those in
opposition and those in support to two minutes each side, with all others
limited to simply announcing their name, city they are from and their
position. Persons can present letters with details of their position
to the committee at that time or before the hearing.
* To comment on this or other bills set for hearing before the Senate Human
Services Committee, write (be sure to send copies to the author of the bill
and members of the committee. To have your comments influence or be
includedin the committee's official analysis of the bill, you should submit
your comments about a week before the hearing. Make sure you sign your
letter with your full name and address and reference the bill and your
position clearly on your letter):
Senator Elaine Alquist, Chair
Senate Human Services Committee
State Capitol
Sacramento, CA 95814
or call the Senate Human Services Committee office for more information.
TEXT OF AMENDMENT TO SB 1136 AS AMENDED MARCH 28
Note: because some people view their emails, including CDCAN Reports
using "plain text", the text of amendments below that originally
included strike-outs were replaced with the words "delete word" or
"delete words", followed by the deleted word or words with
strike-outs that have been deleted from the bill. For copies of the
bill as amended, go to the CDCAN website at www.cdcan.us
SECTION 1. Section 10003 is added to the Welfare and Institutions
Code, to read:
10003. (a) Any person who charges [delete word "a"] or
receives an unconscionable fee [delete words "to represent or
aid"] as defined in paragraph (2) of subdivision (c), to prepare
or aid an applicant or recipient in the procurement ,
maintenance, or securing of public social services, as defined in
paragraph (1) of subdivision (c), shall be guilty of a
misdemeanor.
(b) Subdivision (a) shall not apply to a person licensed to practice law in California and who is subject to the Rules of
Professional Conduct of the State Bar of California .
(c) For purposes of this section, the following definitions shall apply:
(1) "Public social services" means those activities and functions of state and local government administered or supervised by the State Department of Health Care Services, the State Department of Public Health, or the State Department of Social Services, and involved in providing aid or services, or both, including health care services and medical assistance, to those people of the state who, because of their economic circumstances or social condition, are in need thereof and may benefit thereby.
(2) "Unconscionable fee" means a fee that is so exorbitant and wholly disproportionate to the services performed as to shock the conscience of persons of ordinary prudence practicing in the same community. Factors to be considered, when appropriate, in determining the reasonableness of a fee, are based on the circumstances existing at the time of the service and shall include, but not be limited to, all of the following:
(A) The time and effort required.
(B) The novelty and difficulty of the services.
(C) The skill required to perform the services.
(D) The nature and length of the professional relationship.
(b) Subdivision (a) shall not apply to a person licensed to practice law in California and who is subject to the Rules of
Professional Conduct of the State Bar of California .
(c) For purposes of this section, the following definitions shall apply:
(1) "Public social services" means those activities and functions of state and local government administered or supervised by the State Department of Health Care Services, the State Department of Public Health, or the State Department of Social Services, and involved in providing aid or services, or both, including health care services and medical assistance, to those people of the state who, because of their economic circumstances or social condition, are in need thereof and may benefit thereby.
(2) "Unconscionable fee" means a fee that is so exorbitant and wholly disproportionate to the services performed as to shock the conscience of persons of ordinary prudence practicing in the same community. Factors to be considered, when appropriate, in determining the reasonableness of a fee, are based on the circumstances existing at the time of the service and shall include, but not be limited to, all of the following:
(A) The time and effort required.
(B) The novelty and difficulty of the services.
(C) The skill required to perform the services.
(D) The nature and length of the professional relationship.
(E) The experience, reputation, and ability of the
individual providing the services.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or] infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or] infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
HEARING
SCHEDULE: APRIL 8, 2008 (TUESDAY)