A. Character of the Authority. The Nevada-Sierra IHSS Public Authority shall be both of the following:
1. An entity separate and distinct from the counties of Nevada and Sierra and shall be required to file the statement required by Cal. Gov’t. Code § 53051; and
2. A 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 Nevada and Sierra Counties including the power to contract for services pursuant to Cal. Welf. & Inst. Code §§ 12302 and 12303.3 and the provisions of Cal. Gov’t. Code §§ 6500 et seq.
B. Status of Authority Employees, Providers, and Officers. Employees of the Nevada-Sierra IHSS Public Authority, members of the Authority Board and its officers, agents and the IHSS providers shall not be deemed to be employees of the member counties for any purpose.
C. Public Authority Functions. The Nevada-Sierra IHSS Public Authority shall carry out the following functions to implement the goals and objectives of Cal. Welf. & Inst. Code §§ 12300 et seq. including, but not limited to:
1. The provision of assistance to recipients in finding in-home supportive services personnel through the establishment of a registry;
2. The investigation of the qualifications and background of potential in-home supportive services personnel;
3. The establishment of a referral system under which in-home supportive services personnel shall be referred to recipients;
4. The provision for training for providers and recipients;
5. The performance of any other functions related to the delivery of in-home supportive services including that within 30 days of commencement of the operation of the Public Authority, the governing board shall develop a written process to address consumer complaints regarding Public Authority services;
6. The assurance 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;
7. Be the employer of record of the IHSS providers consistent with the provisions of Cal. Welf. & Inst. Code §§ 12300 et seq.;
8. The adoption of rules and regulations for the administration of the Public Authority; and
9. The exercise of all powers, duties and functions as are prescribed by statute, by the respective ordinances of the member counties and the Joint Powers Agreement between the counties.
D. Exclusion of Functions.
1. The Authority shall not be obligated to provide training directly, to pay for training provided privately or in the community, to pay for the providers’ time spent in training, to accompany recipients to training, to pay for transportation to training or to pay for any materials required by the training. The Authority shall not be obligated to ensure that any provider or recipient attend or complete any training.
2. The Authority shall not be responsible for authorizing services for an IHSS recipient.
3. The Authority shall not be responsible for determining a recipient’s need for IHSS, the level and quality of services required, and the eligibility of individuals to be served.
4. The Authority shall not be responsible for conducting the initial or any subsequent assessment of need for services.
5. The Authority shall not be responsible for terminating the recipient’s participation in the IHSS program. The above-referenced services and functions shall be the exclusive responsibility of the member counties.