06/14/2008 - California Association for Health Services at ...



August 21, 2018

The Honorable Jerry Brown

Governor, State of California

c/o State Capitol, Suite 1173

Sacramento, CA 95814

Re: REQUEST VETO OF AB 2455 (Kalra)

Dear Governor Brown:

The California Association for Health Services at Home (CAHSAH) has adopted an “Oppose” position on AB 2455 which is nearly identical to AB 1513 from last year; a bill which was vetoed. AB 2455 would allow a public record request to be made by a labor organization to the Department of Social Services (DSS) for a current list of all registered home care aides, including their personal telephone number.

You vetoed AB 1513 because you felt the confidentiality of California’s registered home care aides would be jeopardized if the Department of Social Services was required to release the aide’s personal information through a Public Record Act request. AB 2455 would achieve the exact same objectives because it requires the Department of Social Services (DSS) to release a current list of all registered home care aides, including their personal telephone number for the sole purposes of allowing labor unions to organize home care aides.

The online public home care aide registry created under AB 1217 of 2013 was designed and implemented by the Home Care Services Bureau to ensure that home care clients were receiving care by specially trained and licensed home care providers. AB 1217 always intended the home care aide registry to protect a home care aide’s personal information from public access. Like other professional licensing boards in California, the Home Care Aide Registry permits the public to see if the home care aide is registered, trained and affiliated with the home care organization they are using for their care. There is no public benefit or justification for providing an aide’s private information at a labor organization’s request.

This bill goes against California’s best practices for securing an individual’s personal information. California statute, Civil Code Section 1798.24, already protects personal information from being disclosed by any state agency through a public record’s request. Several bills have been introduced this year for the sole purpose of increasing the security and protection of California’s citizens from the increasing breaches and cyber-attacks that have occurred because organizations have not been able to secure the personal and confidential data they collect.

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AB 2455 OPPOSE

The language of AB 2455 states that labor organizations need access to the personal information listed in the registry to inform aides of the services the labor organization provides to its members. But there are other ways for these labor organizations to advertise their services, such as online ads, print and electronic media, etc., that would not disclose and reveal the personal information of caregivers.

Supporters state the bill will ensure that home care aides are receiving proper training. Home care licensure specifically requires yearly hours of training, outlines training topics and holds home care organizations responsible for the training with fines of up to $900 per violation per day if they work a home care aide who does not complete the required training.

AB 2455 provides the disclosure of personal information for a 120,000-member workforce that is over 90% women. AB 2455 provides no restrictions on the amount of contact a labor organization can make with a home care aide, nor any restrictions on the hours at which contact can be made. AB 2455 could lead to harassment by repeated phone calls or contacts.

AB 2455 places an unnecessary administrative burden on the Department of Social Services, Home Care Services Bureau. Last year, the Bureau received legislative approval to raise the licensure fees for home care organizations and home care aides to meet its current workload. If the Department does not have the resources on hand to meet existing requirements, how will they be able to meet the requirements of this bill?

There is simply no justification for providing this information to those requesting entities that outweighs the security risks posed for home care aides. The opt-out provision contained in the bill is not sufficient to protect a home care aide’s private information. If a home care aide decides to make their personal information available to the public, the aide should be required to opt-in.

For the stated reasons, we respectfully request you veto AB 2455. Questions regarding this bill, may be directed to Braden Oparowski at (916) 641-5795 or at boparowski@.

Sincerely,

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Braden Oparowski, Director of Policy, Advocacy & Public Affairs

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