CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000. - 12351.]

Chapter 3 repealed and added by Stats. 1973, Ch. 1216.

§§ 12000–12351 · 135 sections

1. ARTICLE 1. General Provisions §§ 12000–12004 · 5 sections

   • § 12000 This chapter shall be known and may be cited as The Burton-Moscone-Bagley Citizens’ Income Security Act for Aged, Blind and Disabled Californians.
   • § 12001 It is the intent of this chapter to implement a state supplementation program pursuant to Title XVI of the Social Security Act and a program for state services…
   • § 12002 It is the object and purpose of this chapter to provide persons whose need results from age, blindness or disability with assistance and services which will…
   • § 12003 For the purposes of this chapter, neither the residence nor domicile of the spouse shall be deemed the residence or domicile of the other, but each may have a…
   • § 12004 The provisions of this chapter shall be liberally construed in favor of aged, blind and disabled recipients.
2. ARTICLE 2. Definitions §§ 12050–12054 · 5 sections

   • § 12050 For the purposes of this chapter: (a) The term “aged, blind or disabled individual” means an individual who is 65 years or older, or is blind, or is disabled.…
   • § 12051 “Income” means both earned and unearned income as defined on October 30, 1972 in Part A of Title XVI of the Social Security Act, except as otherwise…
   • § 12052 “Resources” means resources as defined on October 30, 1972 in Part A of Title XVI of the Social Security Act, except as otherwise specifically provided.
   • § 12053 An applicant’s share of his spouse’s community property income is defined as the income which is community property subject to the direction and control of the…
   • § 12054 “Secretary” means the Secretary of the Department of Health and Human Services.
3. ARTICLE 3. Administration §§ 12100–12105 · 7 sections

   • § 12100 The department shall enter into an agreement with the secretary providing for administration by the secretary of the provisions of this chapter. The agreement…
   • § 12100.5 The department shall seek to enter into an agreement with the secretary for the purpose of administration by the secretary of the amount set forth in…
   • § 12101 No applicant for or recipient of aid under this chapter shall be required to pay any part of the cost of a medical examination to determine blindness or…
   • § 12102 Notwithstanding any other provisions of law, no agreement entered into for state administration of the state supplementary payment program on behalf of the…
   • § 12103 No authority is given under this chapter or Chapter 4 (commencing with Section 12500) or Chapter 6.5 (commencing with Section 13900) for any agreement with the…
   • § 12104 Notwithstanding any other law, upon the order of the Director of Finance, the Director of Social Services shall defer all supplemental payments to the federal…
   • § 12105 (a) The State Department of Social Services shall submit a report to the Legislature that includes recommendations on the administration of the State…
4. ARTICLE 4. Eligibility §§ 12150–12156 · 4 sections

   • § 12150 Persons who are receiving federal supplemental security income benefits, or who but for their income, are eligible to receive such benefits under Title XVI of…
   • § 12152 In determining eligibility of any individual for the state supplementary payment administered by the federal government, in addition to any other income or…
   • § 12153 To the extent permitted by federal law, any recipient who meets the eligibility criteria of more than one classification of recipient described under this…
   • § 12156 In determining, for purposes of this chapter, whether an individual is blind, there shall be an examination of such individual by a physician skilled in the…
5. ARTICLE 5. Payment of Aid §§ 12200–12205 · 19 sections

   • § 12200 An aged, blind or disabled applicant or recipient shall be paid an amount of aid which when added to his or her federal benefit received under Part A of Title…
   • § 12200.01 (a) Notwithstanding any other provision of law, commencing November 1, 1992, the payments schedules set forth in Section 12200 in effect on June 30, 1992,…
   • § 12200.015 (a) Notwithstanding any other provision of law, the maximum aid payments in effect on June 30, 1993, in accordance with Section 12200, as reduced by…
   • § 12200.017 (a) Notwithstanding any other provision of law, the maximum aid payments in effect on June 30, 1994, in accordance with Section 12200, as reduced by…
   • § 12200.019 (a) Notwithstanding any other provision of law, the maximum aid payments in effect on January 1, 2009, in accordance with Article 5 of Chapter 3 of Division 9,…
   • § 12200.02 (a) Notwithstanding any other law, and except as provided in subdivision (b), on the first day of the month following 90 days after enactment of the act that…
   • § 12200.03 (a) Notwithstanding any other law, and subject to subdivision (b), on the first day of the first month following 90 days after the effective date of the act…
   • § 12201 (a) Except as provided in subdivision (d), the payment schedules set forth in Section 12200 shall be adjusted annually to reflect any increases or decreases in…
   • § 12201.01 (a) Commencing July 1, 2022, and each year thereafter, the payment schedules set forth in Section 12200 shall be adjusted annually to reflect any increases or…
   • § 12201.03 (a) For the 1992, 1993, 1994, 1995, 1996, 1997, and 1998 calendar years, or for the period of January 1, 2003, to May 31, 2003, inclusive, if no cost-of-living…
   • § 12201.04 On January 1, 1999, in addition to the changes in the payment schedules in Section 12200 required by Section 12201, the payment schedules in Section 12200…
   • § 12201.05 (a) Commencing with the 2004 calendar year, and thereafter, in any calendar year in which no cost-of-living adjustment is made pursuant to Section 12201, the…
   • § 12201.06 (a) Commencing January 1, 2017, the amount of aid paid pursuant to this article, in effect on December 31, 2016, less the federal benefit portion received…
   • § 12201.5 Notwithstanding the provisions of Section 12200, the amount applicable under that section to a disabled minor residing in a nonmedical out-of-home facility…
   • § 12201.7 (a) The department shall issue a one-time increase in the amount of six hundred dollars ($600) to a payment received under this chapter as of the eligibility…
   • § 12202 The policy shall be followed of granting aid to the recipient in his own home or in some other suitable home of his own choosing in preference to placing him…
   • § 12203 If, when, and during such times as the United States government authorizes after October 1972, an increase in the adjusted payment level, for whatever reason,…
   • § 12204 State supplementary payments under Section 1616 of the Social Security Act shall include payment to recipients as required by Section 212 of Public Law 93-66.…
   • § 12205 Increases in federal benefits under Part A of Title XVI of the Social Security Act for reasons other than cost of living which are not accompanied by an…
6. ARTICLE 6. Services §§ 12250–12254 · 5 sections

   • § 12250 The intent of this article and Article 7 (commencing with Section 12300) of this chapter is to maintain a state system of a broad range of social services,…
   • § 12251 As used in this article, and Article 7 (commencing with Section 12300), the term “social services” includes in-home supportive services, protective services,…
   • § 12252 The department shall prepare and submit to the secretary a state plan for social services to the aged, blind and disabled that meets the requirements of the…
   • § 12253 The department and the State Department of Rehabilitation shall jointly develop plans for the orderly processing of cases referred to the State Department of…
   • § 12254 Funding of this article is subject to the provisions of Part 1.5 (commencing with Section 10100) of this division.
7. ARTICLE 7. In-Home Supportive Services §§ 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)…
8. ARTICLE 8. Relatives’ Responsibility §§ 12350–12351 · 2 sections

   • § 12350 No relative shall be held legally liable to support or to contribute to the support of any applicant for or recipient of aid under this chapter. No relative…
   • § 12351 In order to conserve state enforcement funds and because of hardships under past law on the operative date of this act there is hereby released, rescinded,…