California Welfare and Institutions Code ARTICLE 7 - In-Home Supportive Services

• Section 12300.
  (a) The purpose of this article is to provide in every county in a manner consistent with this chapter and the annual Budget Act those supportive...
• Section 12300.1.
  As used in Section 12300 and in this article, “supportive services” include those necessary paramedical services that are ordered by a licensed health care professional...
• Section 12300.2.
  In any in-home supportive services action concerning the amount of in-home supportive services to be provided, the department shall send a notice of the action...
• Section 12300.3.
  (a) For purposes of this section, “authorized representative” means an individual who is designated in writing, on a form developed by the department, by an applicant...
• Section 12300.4.
  (a) Notwithstanding any other law, including, but not limited to, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code...
• Section 12300.41.
  (a) For three months following the effective date specified in paragraph (1) of subdivision (l) of Section 12300.4, timesheets submitted by providers may be paid in...
• Section 12301.
  (a) The intent of the Legislature in enacting this article is to provide supplemental or additional services to the social and rehabilitative services in Article 6...
• Section 12301.01.
  (a) (1) Notwithstanding any other law, except as provided in subdivision (d), the department shall implement an 8 percent reduction in hours of service to each recipient...
• Section 12301.02.
  (a) (1) Notwithstanding any other law, except as provided in subdivisions (c) and (e), the department shall implement a 7-percent reduction in hours of service to each...
• Section 12301.03.
  (a) It is the intent of this section to offset the reductions described in Section 12301.02 to the extent that an assessment as described in Section...
• Section 12301.04.
  (a) There is hereby created in the State Treasury an In-Home Supportive Services Reinvestment Fund, which shall receive moneys to the extent that an assessment described...
• Section 12301.05.
  It is the intent of the Legislature to enact legislation in 2013 to authorize an assessment on home care services, including, but not limited to,...
• Section 12301.1.
  (a) The department shall adopt regulations establishing a uniform range of services available to all eligible recipients based upon individual needs. The availability of services under...
• Section 12301.15.
  Effective January 1, 2010, the application for in-home supportive services shall contain a notice to the recipient that his or her provider or providers will...
• Section 12301.16.
  Upon receipt of an application for in-home supportive services, the county shall provide the applicant with a confirmation number to serve as documentation that the...
• Section 12301.17.
  Each county human services agency shall accept applications for benefits under this article by telephone, through facsimile, or in person, or, if the county is...
• Section 12301.2.
  (a) (1) The department, in consultation and coordination with county welfare departments and in accordance with Section 12305.72, shall establish and implement statewide hourly task guidelines and...
• Section 12301.21.
  (a) The department shall, in consultation and coordination with the county welfare departments and in accordance with Section 12305.72, develop for statewide use a standard form...
• Section 12301.22.
  On or before December 31, 2011, the department, in consultation with county welfare departments and other stakeholders, shall develop a process to ensure that a...
• Section 12301.24.
  (a) Effective November 1, 2009, all prospective providers must complete a provider orientation at the time of enrollment, as developed by the department, in consultation with...
• Section 12301.25.
  (a) Notwithstanding any other provision of law, the standardized provider timesheet used to track the work performed by providers of services under this article shall contain...
• Section 12301.3.
  (a) Each county may appoint an in-home supportive services advisory committee that shall be comprised of not more than 11 individuals. No less than 50 percent...
• Section 12301.4.
  Each advisory committee established pursuant to Section 12301.3 or 12301.6 shall provide ongoing advice and recommendations regarding in-home supportive services to the county board of...
• Section 12301.5.
  The department may secure to the extent feasible such in-home supportive and other health services for persons eligible under this article to which they are...
• Section 12301.6.
  (a) Notwithstanding Sections 12302 and 12302.1, a county board of supervisors may, at its option, elect to do either of the following:(1) Contract with a nonprofit consortium...
• Section 12301.61.
  (a) If a public authority or nonprofit consortium established pursuant to Section 12301.6, acting as the employer of record, and the employee organization have not reached...
• Section 12301.7.
  The annual administrative cost for any public authority or nonprofit consortium created pursuant to Section 12301.6, exclusive of any increase in provider wages or benefits...
• Section 12301.8.
  (a) (1) A public authority or nonprofit consortium established pursuant to Section 12301.6, upon the request of an aged or disabled adult or that individual’s authorized representative,...
• Section 12302.
  Each county is obligated to ensure that services are provided to all eligible recipients during each month of the year in accordance with the county...
• Section 12302.1.
  (a) Contracts entered into by a county under Section 12302 shall be for terms not exceeding three years. In the event of a three-year contract, the...
• Section 12302.2.
  (a) (1) If the state or a county makes or provides for direct payment to a provider chosen by a recipient or to the recipient for the...
• Section 12302.21.
  (a) For purposes of providing cost-efficient workers’ compensation coverage for in-home supportive services providers under this article, the department shall assume responsibility for providing workers’ compensation...
• Section 12302.25.
  (a) On or before January 1, 2003, each county shall act as, or establish, an employer for in-home supportive service providers under Section 12302.2 for the...
• Section 12302.3.
  (a) Notwithstanding any other provision of this article, and in a manner consistent with the powers available to public authorities created under this article, the City...
• Section 12302.4.
  A county, in receiving bids for a contract pursuant to Sections 12302, 12302.1, and 12303, may evaluate all or any bidders to determine their responsibility,...
• Section 12302.5.
  (a) Counties may establish entities or agents to act on behalf of the employers for those recipients who are designated as the employer of the in-home...
• Section 12303.
  A contract pursuant to Section 12302 shall include the following provisions:(a) The cost of the service shall not exceed by more than 10 percent the allowable...
• Section 12303.4.
  (a) Any aged, blind, or disabled individual who is eligible for assistance under this chapter or Chapter 4 (commencing with Section 12500), and who is not...
• Section 12303.6.
  (a) No adjustment shall be made under this article for the 1990–91 fiscal year to reflect any change in the cost of living.(b) Any cost-of-living adjustment under...
• Section 12303.7.
  Any aged, or disabled applicant or recipient who is eligible for assistance under this article, whose disabilities prevent the use of cooking facilities at home,...
• Section 12304.
  (a) An individual who is eligible for services subject to the maximum amount specified in subdivision (b) of Section 12303.4 and who is capable of handling...
• Section 12304.1.
  In the selection of providers to perform services pursuant to this article, preference shall be given to any qualified individual provider who is chosen by...
• Section 12304.2.
  (a) A recipient who receives services under this article through either a contract or managed care provider may, subject to program requirements, select any qualified person...
• Section 12304.3.
  Any recipient of services under this article who has received benefits under this article for at least one year, and who hires and pays his...
• Section 12304.4.
  (a) The department shall establish a program of direct deposit by electronic transfer for payments to in-home supportive services providers. A provider may choose to receive...
• Section 12304.5.
  Any aged, blind, or disabled individual who would be eligible for assistance under this chapter or under Chapter 4 (commencing with Section 12500), except for...
• Section 12304.6.
  The county welfare department shall provide to each visually impaired applicant or recipient of benefits under this article, upon determination or redetermination of eligibility for...
• Section 12304.7.
  Between January 1 and April 15 of each year, the Controller shall include a notice on, and insert an informational flyer which shall be prepared...
• Section 12305.
  Any aged, blind, or disabled individual who would be eligible for assistance under this chapter or Chapter 4 (commencing with Section 12500), except for his...
• Section 12305.1.
  (a) (1) Any aged, blind, or disabled individual who received Medi-Cal personal care services pursuant to subdivision (p) of Section 14132.95 before July 1, 2009, and who...
• Section 12305.5.
  (a) Notwithstanding any other provision of this chapter, any person who:(1) Was once determined to be disabled in accordance with Section 1614 of Part A of Title...
• Section 12305.6.
  (a) Notwithstanding any other provision of law, any person specified in subdivision (b) shall be eligible for in-home supportive services under this chapter.(b) Subdivision (a) shall apply...
• Section 12305.7.
  The department shall perform all of the following activities:(a) Beginning in the 2004–05 fiscal year, and in each subsequent fiscal year, the department in consultation with...
• Section 12305.71.
  Counties shall perform the following quality assurance activities:(a) Establish a dedicated, specialized unit or function to ensure quality assurance and program integrity, including fraud detection and...
• Section 12305.72.
  The department shall convene periodic meetings in which supportive services recipients, providers, advocates, IHSS provider representatives, organizations representing recipients, counties, public authorities, nonprofit consortia, and...
• Section 12305.8.
  The following definitions apply for purposes of this article:(a) “Fraud” means the intentional deception or misrepresentation made by a person with the knowledge that the deception...
• Section 12305.81.
  (a) Notwithstanding any other law, a person shall not be eligible to provide or receive payment for providing supportive services for 10 years following a conviction...
• Section 12305.82.
  (a) In addition to its existing authority under the Medi-Cal program, the State Department of Health Care Services shall have the authority to investigate fraud in...
• Section 12305.83.
  (a) When it has been determined that a provider of supportive services participating under this chapter has received an overpayment that is a debt due and...
• Section 12305.84.
  (a) Upon enactment of this section, the department shall convene a stakeholder group and begin a process with this group to develop and issue a report...
• Section 12305.86.
  (a) Effective October 1, 2009, a county shall investigate the background of a person who seeks to become a supportive services provider and who is not...
• Section 12305.87.
  (a) (1) Commencing 90 days following the effective date of the act that adds this section, a person specified in paragraph (2) shall be subject to the...
• Section 12306.
  (a) When enacted, 1991 Realignment Legislation implemented changes to the state and county cost-sharing ratios for services provided under this article. These provisions established the counties’...
• Section 12306.1.
  (a) When any increase in provider wages or benefits is locally negotiated, mediated, or imposed by a county, public authority, or nonprofit consortium, or any increase...
• Section 12306.16.
  (a) Commencing July 1, 2017, all counties shall have a County IHSS Maintenance of Effort (MOE).(b) (1) (A) The statewide total County IHSS MOE base for the 2017–18 fiscal...
• Section 12306.17.
  (a) A portion of IHSS costs that are the counties’ responsibility shall be offset using a combination of General Fund moneys appropriated in the annual Budget...
• Section 12306.18.
  (a) Notwithstanding any other law, the Director of Finance may authorize a loan from the General Fund to any county in an amount not to exceed...
• Section 12306.2.
  (a) Notwithstanding any other provision of law, for the 2000–01 fiscal year, the state shall pay 65 percent and each county shall pay 35 percent of...
• Section 12306.21.
  (a) Notwithstanding any other provision of law, for the 2001–02 fiscal year, the state shall pay 65 percent and each county shall pay 35 percent of...
• Section 12306.3.
  In consultation with stakeholder organizations, including, but not limited to, the California State Association of Counties and employee organizations representing in-home supportive service workers, the...
• Section 12306.5.
  (a) Any public or private agency, including a contractor under Section 12302.1, who maintains a list or registry of prospective in-home supportive services providers shall require...
• Section 12306.6.
  (a) (1) Notwithstanding any other provision of law, beginning on the date for which the federal Centers for Medicare and Medicaid Services authorizes commencement of the implementation...
• Section 12307.
  The amendments to Sections 12302, 12303 and 12304 of, and the addition of Sections 12303.5 and 12304.5 to, the Welfare and Institutions Code made by...
• Section 12308.
  Funding of this article is subject to the provisions of Part 1.5 (commencing with Section 10100) of this division.(Added by Stats. 1978, Ch. 1235. Note:...
• Section 12309.
  (a) In order to assure that in-home supportive services are delivered in all counties in a uniform manner, the department shall develop a uniform needs assessment...
• Section 12309.1.
  (a) As a condition of receiving services under this article, or Section 14132.95 or 14132.952, an applicant for or recipient of services shall obtain a certification...
• Section 12310.
  It is the intent of the Legislature that the department conduct special pilot projects to test appropriate methods for assuring equity and efficiency in reducing...
• Section 12311.
  The director is authorized to grant such waivers from the provisions of this article as are necessary to carry out the purposes and intent of...
• Section 12314.
  It is the intent of the Legislature that the department conduct a pilot program, of not less than three years’ duration, to comprehensively assess the...
• Section 12315.
  (a) (1) Commencing January 1, 2009, a pilot project shall be established in five consenting counties that provides severely impaired recipients who receive in-home supportive services under...
• Section 12316.
  (a) The City and County of San Francisco may implement a pilot project of not less than three years’ duration to implement the provision of pooled...
• Section 12317.
  (a) The State Department of Social Services shall be responsible for procuring and implementing a new Case Management Information and Payroll System (CMIPS) for the In-Home...
• Section 12317.1.
  The department may enter into interagency agreements with the State Department of Health Services to administer approved federal waivers authorized pursuant to Section 14132.951 or...
• Section 12317.2.
  (a) Except as set forth in subdivision (b), in the event of a conflict between the terms of the waiver approved pursuant to Section 14132.951 and...

Last modified: October 22, 2018