ARTICLE 7. In-Home Supportive Services

Article 7 added by Stats. 1973, Ch. 1216.

§§ 12300–12318 · 88 sections

§ 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 services…
§ 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…
§ 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…
§ 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…
§ 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, a…
§ 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…
§ 12300.5 The department, in consultation with stakeholders, shall create, and provide to the Legislature, the framework for a permanent provider backup system. The…
§ 12300.6 (a) Effective no sooner than October 1, 2022, and no later than 60 days after the date of the final all-county letter, a county or a public authority, as…
§ 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…
§ 12301.1 (a) The department shall adopt regulations establishing a uniform range of services available to all eligible recipients based upon individual needs. The…
§ 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…
§ 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…
§ 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…
§ 12301.18 (a) A county welfare department may use materials provided by an electrical corporation that is serving the county to inform each applicant or recipient of…
§ 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…
§ 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…
§ 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…
§ 12301.24 (a) All prospective providers shall complete an in-person provider orientation at the time of enrollment, as developed by the department, in consultation with…
§ 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…
§ 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…
§ 12301.4 Each advisory committee established pursuant to Section 12301.3 or 12301.6 shall provide ongoing advice and recommendations regarding in-home supportive…
§ 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…
§ 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…
§ 12301.61 (a) On or after October 1, 2023, if a public authority or nonprofit consortium established pursuant to Section 12301.6, acting as the employer of record, and…
§ 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…
§ 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…
§ 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 plan. In…
§ 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 county, at…
§ 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 purchase of in-home…
§ 12302.21 (a) For purposes of providing cost-efficient workers’ compensation coverage for in-home supportive services providers under this article, the department shall… see note
§ 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… see note
§ 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,…
§ 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,…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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 his…
§ 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 any…
§ 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…
§ 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 or her own service…
§ 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…
§ 12304.41 If a natural disaster has resulted in a declared state of emergency, affected counties shall use a void and reissue warrant process for any provider who lost…
§ 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…
§ 12304.6 The county welfare department shall provide to each visually impaired applicant or recipient of benefits under this article, upon determination or…
§ 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 by the…
§ 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…
§ 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,…
§ 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…
§ 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.…
§ 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…
§ 12305.71 (a) Counties shall perform the following quality assurance activities: (1) Establish a dedicated, specialized unit or function to ensure quality assurance and…
§ 12305.72 The department shall convene periodic meetings in which supportive services recipients, providers, advocates, IHSS provider representatives, organizations…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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 listed…
§ 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 criminal…
§ 12306 (a) When enacted, 1991 Realignment Legislation implemented changes to the state and county cost-sharing ratios for services provided under this article. These…
§ 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…
§ 12306.16 (a) Commencing July 1, 2019, all counties shall have a rebased County IHSS Maintenance of Effort (MOE). (b) (1) The statewide total rebased County IHSS MOE… see note
§ 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…
§ 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 the net cost to…
§ 12306.19 (a) The department shall review the budgeting methodology used to determine the annual funding for county administration of the IHSS program and examine the…
§ 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 the…
§ 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 the…
§ 12306.3 In consultation with stakeholder organizations, including, but not limited to, the California State Association of Counties and employee organizations…
§ 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…
§ 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…
§ 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 Chapter 75…
§ 12308 Funding of this article is subject to the provisions of Part 1.5 (commencing with Section 10100) of this division.
§ 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…
§ 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…
§ 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…
§ 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 this section,…
§ 12312 A county, including a city and county, shall, upon the next update to its emergency plan, integrate and require the assessment and provision of supportive…
§ 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…
§ 12315 (a) (1) Commencing January 1, 2009, a pilot project shall be established in five consenting counties that provides severely impaired recipients who receive…
§ 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 services…
§ 12316.1 (a) (1) The department shall administer the Career Pathways Program for providers of in-home supportive services under this article, or Section 14132.95,… see note
§ 12316.9 (a) The State Department of Social Services may contract for payrolling or related functions, as necessary, including, but not limited to, the deductions from…
§ 12317 (a) The State Department of Social Services shall be responsible for procuring and implementing a new Case Management Information and Payroll System (CMIPS)…
§ 12317.1 The department may enter into interagency agreements with the State Department of Health Services to administer approved federal waivers authorized pursuant to…
§ 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 any provision…
§ 12318 (a) The State Department of Social Services shall, in consultation with interested stakeholders, develop, or otherwise identify, both of the following: (1)…