This publication is intended
to help you represent yourself and others in fair hearings when there is a
dispute about the number of In-Home Supportive Services (IHSS) hours you
need. This information packet will also help
you prepare for the
This publication is also
intended to explain many changes that have happened in the past year regarding
how IHSS services are now administered in
References to “IHSS” in this
publication generally will refer to all IHSS current programs: the Medi-Cal
Personal Care Services Program (PCSP), the new Independence Plus Waiver (IPW)
Program, and the original residual IHSS (IHSS-R) Program.
IHSS
is administered by the California Department of Social Services (CDSS). Eligibility for IHSS in each county is
determined by the county welfare (or social services) departments (CWD). Medi-Cal is administered by the California
Department of Health Care Services (DHCS).
Eligibility for Medi-Cal (for individuals who do not receive SSI) is
also determined by the CWD. However,
separate units of the CWD determine IHSS and Medi-Cal eligibility at the county
level. The CWD is also responsible for
administering the provision of IHSS services, such as handling payrolling
transactions.
Statutes
The statutes governing the
IHSS residual program are located at Cal. Welf. & Inst. Code §§ 12300
through 12317.2. The statute governing
the PCSP is located at Cal. Welf. & Inst. Code § 14132.95. The statute governing the IPW is located at
Cal. Welf. & Inst. Code § 14132.951.
These statutes can be found at: http://www.leginfo.ca.gov/calaw.html and then check “Welfare and Institutions
Code,” click “Search,” and click the set of code section numbers you wish to
review.
Manual of Policies and Procedures
The State regulations for the IHSS and PCSP programs are called the Manual of Policies and Procedures (MPP.) The MPP sections covering the IHSS Residual and the IPW programs are at MPP §§ 30-700 through 30-776 are found here: http://www.dss.cahwnet.gov/ord/CDSSManual_240.htm
The MPP sections covering the PCSP Waiver are at MPP § 30-780 and can also be found at: http://www.dss.cahwnet.gov/ord/CDSSManual_240.htm
All
In some of the sections below
we refer to Department of Health Care Services (DHCS) All County Welfare
Directors’ Letters (ACWDLs). The State
Legislature has authorized DHCS to implement the new IPW program through the
use of ACWDLs and similar publications instead of following the standard rulemaking
process.
All
We also refer to Department
of Social Services (DSS) All County Letters (ACLs) and All-County Information
Notices (ACINs). ACLs are informational
and serve to provide explanatory materials for regulations, material of general
interest, or interim procedural information and may also be used to trigger
required responses by all counties when the basic authority for such is in
regulation. (MPP § 17-001.4.) Those can
be found at: http://www.dss.cahwnet.gov/lettersnotices/default.htm
and then click “ACLs” or “ACINs” and then the year.
One set of regulations and
handbook materials (including ACLs) of the Department of Social Services, the
Welfare and Institutions Code, the Health and Safety Code, and other laws
relating to any form of public social service must be made available to the
public during regular office hours in each central or district county office
administering public social services and in each local or regional office of
the department.
Although this publication is
an attempt to provide a more complete description of the IHSS system than prior
DISABILITY RIGHTS CALIFORNIApublications, this guide does not cover everything
about how the IHSS program works. Please
feel free to call us if you have more specific questions about what is covered
here or questions about other areas this guide does not cover.
These materials are based on laws in effect at the time of publication. Federal and state law affecting the IHSS system can change at any time. If there is any question about the continued validity of any information in this publication, contact DRC.
DRC will monitor the
development of conforming state law and regulations, so that revised state laws
and regulations can be incorporated into later supplements and editions of this
publication. For further information on
the development of federal and state law and regulation, or clarification,
please contact DRC.
DRC
encourages reproduction of this document.
DISABILITY
RIGHTS CALIFORNIA (DRC), is a private,
nonprofit organization that protects the legal, civil and service rights of
Californians who have developmental or mental disabilities. DRC provides a
variety of advocacy services, including information and referral, technical
assistance, and direct representation. For information or assistance with an
immediate problem, call: