Welfare and Institutions Code — Part 6 | WIC — United States — California law | Esheria

Welfare and Institutions Code

Part 6 of 35 · provisions 1,001–1,200

This section says the act is to be known as the Welfare and Institutions Code.

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About this statute

The Department of the Youth Authority may establish, maintain, or help develop regional centers for counties’ alternative placement options. When a California law mentions “Whittier State School,” it must be read as referring to Fred C. Nelles School for Boys. This section defines “Youth Authority,” “authority,” “the authority,” and “board” for this chapter. This provision states the purpose of the division: to provide protection, care, and assistance to people in need, and to promote welfare through prompt, humane aid and services without discrimination. This section states the purposes of public social services funded by state grants-in-aid to counties.

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Provisions of Welfare and Institutions Code

Showing 200 of 6,925

  1. 1176.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 8. Paroles and Dismissals [1176 - 1180] ( Article 8 enacted by Stats. 1937, Ch. 369. )

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    The Youth Authority Board may grant parole to a committed or confined person if it believes parole is deserved and beneficial, and it may set the conditions it thinks best.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 8. Paroles and Dismissals [1176 - 1180] ( Article 8 enacted by Stats. 1937, Ch. 369. ) ## 1176. When, in the opinion of the Youth Authority Board, any person committed to or confined in any such school deserves parole according to regulations established for the purpose, and it will be to his or her advantage to be paroled, the board may grant parole under conditions it deems best. A reputable home or place of employment shall be provided for each person so paroled. (Amended by Stats. 2003, Ch. 4, Sec. 6. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
  2. 1177.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 8. Paroles and Dismissals [1176 - 1180] ( Article 8 enacted by Stats. 1937, Ch. 369. )

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    The board may grant an honorable discharge to a qualifying person and must consider certain factors, adopt regulations, promote the program, inform youth about it, and may work with outside organizations to help youth meet the criteria and file petitions.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 8. Paroles and Dismissals [1176 - 1180] ( Article 8 enacted by Stats. 1937, Ch. 369. ) ## 1177. (a) Pursuant to Section 1178, if a person discharged from the Department of Corrections and Rehabilitation, Division of Juvenile Facilities by the Board of Juvenile Hearings has proven that person’s ability to desist from criminal behavior and to initiate a successful transition into adulthood, the board may grant that person an honorable discharge. (b) The purposes of an honorable discharge are to recognize and reward youth who have avoided reoffending and have pursued productive and engaged roles as members of society; to remove barriers to a youth’s successful integration into society and to enable the pursuit of greater opportunities; to serve as an incentive for youth to participate in treatment and training while placed in the Division of Juvenile Facilities; to connect youth with resources and opportunities upon their reentry into the community; and to inspire and motivate youth committed to the Division of Juvenile Facilities to plan and pursue a positive life. (c) When determining whether to grant an honorable discharge to a person who petitions the board pursuant to Section 1178, the board shall consider, but is not limited to, both of the following: (1) The petitioner’s offense history, if any, while the petitioner was under the jurisdiction of the Division of Juvenile Facilities, or during or after completion of local probation supervision. (2) Efforts made by the petitioner toward successful community reintegration, including employment history, educational achievements or progress toward obtaining a degree, vocational training, volunteer work, community engagement, positive peer and familial relationships, and any other relevant indicators of successful reentry and rehabilitation. (d) The board shall promulgate regulations setting forth the criteria for the award of an honorable discharge. (e) The board shall promote the purposes of an honorable discharge designation and communicate the success of recipients of honorable discharge to youth currently committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. (f) The board shall inform youth about the opportunity to earn an honorable discharge at initial case reviews, annual reviews, and discharge consideration hearings. (g) The board may collaborate with public, private, and nonprofit organizations to assist youth in the fulfillment of the criteria described in subdivision (d) and in the completion of a petition for an honorable discharge. (Repealed and added by Stats. 2017, Ch. 683, Sec. 3. (SB 625) Effective January 1, 2018.)
  3. 1178.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 8. Paroles and Dismissals [1176 - 1180] ( Article 8 enacted by Stats. 1937, Ch. 369. )

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    This section lets certain youths petition for an honorable discharge and requires counties and the Division of Juvenile Facilities to give notice, provide reports, and adopt implementing regulations.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 8. Paroles and Dismissals [1176 - 1180] ( Article 8 enacted by Stats. 1937, Ch. 369. ) ## 1178. (a) A person previously committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities may petition the Board of Juvenile Hearings for an honorable discharge upon his or her completion of local probation supervision following discharge, but not sooner than 18 months following the date of discharge, by the board. (b) Commencing on or after July 1, 2018, a person housed at the Division of Juvenile Facilities pursuant to paragraph (3) of subdivision (c) of Section 1731.5 or Section 1731.7 may petition the Board of Juvenile Hearings for an honorable discharge upon his or her completion of parole or local probation supervision following release, but not sooner than 18 months following the date of release. (c) (1) The county of commitment shall inform youth currently or previously under its supervision, who were previously under the jurisdiction of the division, about the opportunity and process of petitioning the board for an honorable discharge. (2) The county of commitment shall send a letter regarding the opportunity and process of petitioning the board for an honorable discharge to the last known residence of a person previously under the supervision of the county of commitment. (d) Upon receiving a petition for an honorable discharge, the board shall request of the county of commitment, and the county of commitment shall provide, a summary report of the petitioner’s performance while on probation after release from the Division of Juvenile Facilities. (e) The Division of Juvenile Facilities shall promulgate regulations to implement this section. (Amended by Stats. 2018, Ch. 36, Sec. 32. (AB 1812) Effective June 27, 2018.)
  4. 1179.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 8. Paroles and Dismissals [1176 - 1180] ( Article 8 enacted by Stats. 1937, Ch. 369. )

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    An honorable discharge releases the person from most penalties and disabilities tied to the commitment, but not the duty to register. It also requires written certification and court dismissal, and it limits peace-officer eligibility with specific exceptions.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 8. Paroles and Dismissals [1176 - 1180] ( Article 8 enacted by Stats. 1937, Ch. 369. ) ## 1179. (a) Each person honorably discharged by the Board of Juvenile Hearings shall thereafter be released from all penalties or disabilities resulting from the offenses for which the person was committed, including, but not limited to, penalties or disabilities that affect access to education, employment, or occupational licenses. However, a release from all penalties and disabilities shall not affect a person’s duty to register pursuant to Section 290.008 of the Penal Code. A person in receipt of an honorable discharge is not eligible for appointment as a peace officer employed by any public agency if that person’s appointment is otherwise prohibited by Section 1029 of the Government Code. (b) Persons who receive an honorable discharge and who petition the court for relief otherwise provided for by law may cite and the court shall recognize receipt of an honorable discharge as evidence of rehabilitation. (c) Notwithstanding subdivision (a), a person may be appointed and employed as a peace officer by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities if (1) at least five years have passed since that person’s honorable discharge, and the person has had no misdemeanor or felony convictions except for traffic misdemeanors since the person was honorably discharged by the board, or (2) the person was employed as a peace officer by the department on or before January 1, 1983. A person who is under the jurisdiction of the Division of Juvenile Facilities or a county probation department shall not be admitted to an examination for a peace officer position with the Division of Juvenile Facilities unless and until the person has been honorably discharged from the jurisdiction of the Division of Juvenile Facilities pursuant to Sections 1177 and 1719. (d) In the case of a person granted an honorable discharge, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities shall immediately certify the discharge or dismissal in writing, and shall transmit the certificate to the committing court and the Department of Justice. The court shall thereupon dismiss the accusation and the action pending against that person. (Amended by Stats. 2017, Ch. 683, Sec. 6. (SB 625) Effective January 1, 2018.)
  5. 1180.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 8. Paroles and Dismissals [1176 - 1180] ( Article 8 enacted by Stats. 1937, Ch. 369. )

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    The Department of the Youth Authority must provide requested parole information to a city chief of police or county sheriff within 10 days.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 8. Paroles and Dismissals [1176 - 1180] ( Article 8 enacted by Stats. 1937, Ch. 369. ) ## 1180. The Department of the Youth Authority shall provide, within 10 days, upon request to the chief of police of a city or the sheriff of a county information available to the department, including actual, glossy photographs, no smaller than 31/8 x 31/8 inches in size, and, in conjunction with the Department of Justice, fingerprints concerning persons then on parole who are or may be residing or temporarily domiciled in that city or county. (Amended (as amended by Stats. 1983, Ch. 196, Sec. 10) by Stats. 1986, Ch. 600, Sec. 6.)
  6. 12.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. )

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    For this code provision, “masculine gender” includes the feminine and neuter.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. ) ## 12. The masculine gender includes the feminine and neuter. (Enacted by Stats. 1937, Ch. 369.)
  7. 12.2.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. )

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    For this provision, “spouse” includes a registered domestic partner.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. ) ## 12.2. “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 119. (SB 1005) Effective January 1, 2017.)
  8. 1200.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 9. Finances [1200 - 1201] ( Article 9 enacted by Stats. 1937, Ch. 369. )

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    The State Controller must draw a warrant on the State Treasurer for duly appropriated money when an institution under this chapter requests it and the requisition is audited; the Treasurer must then pay it from the appropriations.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 9. Finances [1200 - 1201] ( Article 9 enacted by Stats. 1937, Ch. 369. ) ## 1200. The Controller of the State shall, on requisition of any of the institutions under this chapter, duly audited by him, draw his warrant on the State Treasurer for any moneys duly appropriated to pay for the necessary expenditures in the establishment and maintenance of such school, and the State Treasurer shall pay the same from the appropriations provided therefor. (Amended by Stats. 1943, Ch. 481.)
  9. 12000.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 1. General Provisions [12000 - 12004] ( Article 1 added by Stats. 1973, Ch. 1216. )

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    This section says Chapter 3 is known and may be cited by a specific name.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 1. General Provisions [12000 - 12004] ( Article 1 added by Stats. 1973, Ch. 1216. ) ## 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. (Repealed and added by Stats. 1973, Ch. 1216.)
  10. 12001.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 1. General Provisions [12000 - 12004] ( Article 1 added by Stats. 1973, Ch. 1216. )

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    This section states the chapter’s intent: to implement a state supplementation program under Title XVI of the Social Security Act and a program for state services for aged, blind, or disabled persons.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 1. General Provisions [12000 - 12004] ( Article 1 added by Stats. 1973, Ch. 1216. ) ## 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 to the aged, blind or disabled. (Amended by Stats. 1992, Ch. 722, Sec. 43. Effective September 15, 1992.)
  11. 12002.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 1. General Provisions [12000 - 12004] ( Article 1 added by Stats. 1973, Ch. 1216. )

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    This section says the chapter’s purpose is to provide assistance and services to people whose need results from age, blindness, or disability.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 1. General Provisions [12000 - 12004] ( Article 1 added by Stats. 1973, Ch. 1216. ) ## 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 encourage them to make greater efforts to achieve self-care and self-maintenance, whenever feasible, and to enlarge their opportunities for independence. (Repealed and added by Stats. 1973, Ch. 1216.)
  12. 12003.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 1. General Provisions [12000 - 12004] ( Article 1 added by Stats. 1973, Ch. 1216. )

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    For this chapter, a spouse’s residence or domicile is not automatically the other spouse’s, and a minor child is treated as residing in the state when physically present there.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 1. General Provisions [12000 - 12004] ( Article 1 added by Stats. 1973, Ch. 1216. ) ## 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 separate residence or domicile dependent upon proof of the fact and not on legal presumption. For the purposes of this chapter, a minor child shall be deemed to have resided in the state during any period in which such child has been physically present in the state. (Amended by Stats. 2016, Ch. 50, Sec. 122. (SB 1005) Effective January 1, 2017.)
  13. 12004.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 1. General Provisions [12000 - 12004] ( Article 1 added by Stats. 1973, Ch. 1216. )

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    This chapter must be interpreted liberally in favor of aged, blind, and disabled recipients.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 1. General Provisions [12000 - 12004] ( Article 1 added by Stats. 1973, Ch. 1216. ) ## 12004. The provisions of this chapter shall be liberally construed in favor of aged, blind and disabled recipients. (Repealed and added by Stats. 1973, Ch. 1216.)
  14. 1201.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 9. Finances [1200 - 1201] ( Article 9 enacted by Stats. 1937, Ch. 369. )

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    The county that committed a person to a state school must make payments to the state under Section 911.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 9. Finances [1200 - 1201] ( Article 9 enacted by Stats. 1937, Ch. 369. ) ## 1201. For each person committed to any state school the county from which he was committed shall make payments to the state as provided in Section 911 of this code. (Amended by Stats. 1965, Ch. 605.)
  15. 12050.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 2. Definitions [12050 - 12054] ( Article 2 added by Stats. 1973, Ch. 1216. )

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    This section defines who counts as an aged, blind, or disabled individual for this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 2. Definitions [12050 - 12054] ( Article 2 added by Stats. 1973, Ch. 1216. ) ## 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. (b) “Aged” means an individual who is 65 years of age or older. (c) An individual shall be considered “blind” as defined in Section 1614 of Part A of Title XVI of the Social Security Act. (d) An individual shall be considered disabled as defined in Section 1614(a) of Part A of Title XVI of the Social Security Act. (Repealed and added by Stats. 1973, Ch. 1216.)
  16. 12051.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 2. Definitions [12050 - 12054] ( Article 2 added by Stats. 1973, Ch. 1216. )

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    “Income” means earned and unearned income as defined in Part A of Title XVI of the Social Security Act, unless another specific provision says otherwise.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 2. Definitions [12050 - 12054] ( Article 2 added by Stats. 1973, Ch. 1216. ) ## 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 specifically provided. (Repealed and added by Stats. 1973, Ch. 1216.)
  17. 12052.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 2. Definitions [12050 - 12054] ( Article 2 added by Stats. 1973, Ch. 1216. )

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    This section defines “resources” for this program by reference to the meaning in Part A of Title XVI of the Social Security Act on October 30, 1972, unless another specific provision says otherwise.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 2. Definitions [12050 - 12054] ( Article 2 added by Stats. 1973, Ch. 1216. ) ## 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. (Added by Stats. 1973, Ch. 1216.)
  18. 12053.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 2. Definitions [12050 - 12054] ( Article 2 added by Stats. 1973, Ch. 1216. )

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    This section defines an applicant’s share of a spouse’s community property income.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 2. Definitions [12050 - 12054] ( Article 2 added by Stats. 1973, Ch. 1216. ) ## 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 applicant, except for the earnings of his or her spouse. (Repealed and added by Stats. 1973, Ch. 1216.)
  19. 12054.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 2. Definitions [12050 - 12054] ( Article 2 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    This section defines “Secretary” as the Secretary of the Department of Health and Human Services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 2. Definitions [12050 - 12054] ( Article 2 added by Stats. 1973, Ch. 1216. ) ## 12054. “Secretary” means the Secretary of the Department of Health and Human Services. (Amended by Stats. 1982, Ch. 978, Sec. 30. Effective September 13, 1982.)
  20. 12100.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Administration [12100 - 12105] ( Article 3 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    This section requires the department and the secretary to have an agreement for administering the chapter’s program, and it sets out payment, audit, hearing, and supervision terms.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Administration [12100 - 12105] ( Article 3 added by Stats. 1973, Ch. 1216. ) ## 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 shall provide at least the following: (a) That the secretary shall, on behalf of the state, make supplementary payments to an applicant or recipient under this chapter at such times and in such installments as may be agreed upon. (b) That the state shall pay to the secretary an amount equal to expenditures made by the secretary as such supplemental payments less amounts payable by the federal government pursuant to Section 401 of Title IV of the Social Security Act Amendments of 1972. (c) That the department may enter into an agreement to administer on behalf of the secretary and at the secretary’s expense all or such parts of the program under Title XVI of the Social Security Act during such portion of the fiscal year ending June 30, 1975, as may be provided in the agreement. In the event of such agreement, the department shall supervise the counties’ administration of all or such parts of the program under such agreement. (d) The application of such procedural and other general provisions as are necessary and proper to achieve efficient and effective administration of the provisions of Title XVI of the Social Security Act and of this chapter, including a provision authorizing the secretary to conduct fair hearings in accordance with rules promulgated by him in cases concerning aid under this chapter. (e) That the checks issued by the secretary containing the state supplemental payment shall clearly indicate by a separate notice accompanying the check or on the face of the check the fact that state funds are a part of the payment or the amount of check representing state funds. (f) That to the extent permitted by law, the state shall audit the expenditures made by the secretary under such an agreement. (g) That the state exercises its option to increase the payment level under Section 401(b)(1) of Title IV of the Social Security Act Amendments of 1972 by an amount equal to the sum of (A) and (B) of Section 401(b)(1) of that title. (Repealed and added by Stats. 1973, Ch. 1216.)
  21. 12100.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Administration [12100 - 12105] ( Article 3 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    The department must try to make an agreement with the secretary so the secretary can administer the amount referenced in Section 12200(h).

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Administration [12100 - 12105] ( Article 3 added by Stats. 1973, Ch. 1216. ) ## 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 subdivision (h) of Section 12200. (Added by Stats. 1984, Ch. 1621, Sec. 1. Conditionally operative as prescribed by Sec. 3 of Ch. 1621.)
  22. 12101.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Administration [12100 - 12105] ( Article 3 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    Applicants for, and recipients of, aid under this chapter do not have to pay any part of the cost of a medical examination to determine blindness or disability when the department requires that exam for the aid application or continued aid.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Administration [12100 - 12105] ( Article 3 added by Stats. 1973, Ch. 1216. ) ## 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 disability as required by the department in connection with his application for or continued receipt of aid under this chapter. (Repealed and added by Stats. 1973, Ch. 1216.)
  23. 12102.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Administration [12100 - 12105] ( Article 3 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    An agreement for state administration of the state supplementary payment program must not create any difference in administration or eligibility from direct administration by the secretary.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Administration [12100 - 12105] ( Article 3 added by Stats. 1973, Ch. 1216. ) ## 12102. Notwithstanding any other provisions of law, no agreement entered into for state administration of the state supplementary payment program on behalf of the secretary or as agent of the federal government or otherwise, shall provide for any difference in administration of or eligibility for the state supplementary program than if such program were directly administered by the secretary pursuant to this chapter. (Repealed and added by Stats. 1973, Ch. 1216.)
  24. 12103.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Administration [12100 - 12105] ( Article 3 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    This provision says no agreement or department rule under the listed chapters may require liens, estate recovery, or residency/citizenship conditions for recipients, and those requirements may not be imposed.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Administration [12100 - 12105] ( Article 3 added by Stats. 1973, Ch. 1216. ) ## 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 secretary or any rules and regulations of the department which contain any provision requiring any form of liens or estate recovery, period of residency or citizenship for recipients under such chapters and no such liens or estate recovery, period of residency or citizenship for such recipients shall be imposed. (Repealed and added by Stats. 1973, Ch. 1216.)
  25. 12104.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Administration [12100 - 12105] ( Article 3 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    The Director of Social Services must delay certain supplemental federal payments for February and March 2010, and then make those payments after April 20, 2010 but no later than May 31, 2010, when ordered by the Director of Finance.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Administration [12100 - 12105] ( Article 3 added by Stats. 1973, Ch. 1216. ) ## 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 government required pursuant to subdivision (b) of Section 12100 in February 2010 and March 2010 and, instead, make payments for those months after April 20, 2010, but no later than May 31, 2010. (Amended (as added by Stats. 2009, Ch. 633, Sec. 5) by Stats. 2015, Ch. 303, Sec. 597. (AB 731) Effective January 1, 2016.)
  26. 12105.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Administration [12100 - 12105] ( Article 3 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    The State Department of Social Services must submit a report to the Legislature by January 1, 2024 about how the program is administered.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Administration [12100 - 12105] ( Article 3 added by Stats. 1973, Ch. 1216. ) ## 12105. (a) The State Department of Social Services shall submit a report to the Legislature that includes recommendations on the administration of the State Supplementary Program for the Aged, Blind and Disabled to the Legislature no later than January 1, 2024. The recommendations shall include, but are not limited to, all of the following: (1) Recommendations on whether the administration of the program should be shifted to the department. (2) Anticipated impacts to the program if the state contracts with the government of another state or commonwealth of the United States for the administration of the program, or if the program is administered by the department. (3) Potential efficiencies of savings or costs, if any, that might accrue to the state if a government of another state or commonwealth of the United States or the department administers the program. (b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2028. (Added by Stats. 2022, Ch. 259, Sec. 1. (SB 973) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions.)
  27. 12150.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 4. Eligibility [12150 - 12156] ( Article 4 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    Certain eligible people are entitled to receive state supplementation under this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 4. Eligibility [12150 - 12156] ( Article 4 added by Stats. 1973, Ch. 1216. ) ## 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 the Social Security Act, or who are made eligible for supplemental benefits by other provisions of this chapter are entitled to receive state supplementation pursuant to this chapter. (Repealed and added by Stats. 1973, Ch. 1216.)
  28. 12152.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 4. Eligibility [12150 - 12156] ( Article 4 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    When deciding eligibility for state supplementary payments, specified income and resources must be disregarded, and some people remain entitled to grants even if only their home value would otherwise disqualify them.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 4. Eligibility [12150 - 12156] ( Article 4 added by Stats. 1973, Ch. 1216. ) ## 12152. In determining eligibility of any individual for the state supplementary payment administered by the federal government, in addition to any other income or resources disregarded by the secretary, the following additional amounts of income or resources of the individual shall be disregarded: (a) Funds for readers, or educational scholarships, or both, which are not available to meet basic needs and which have been awarded by a high school, college, or university or a vocational or technical training institution to any recipient of aid to the aged, blind or disabled under this chapter due to his or her blindness while he or she is regularly attending any public school in this state, the University of California, or any other institution of higher learning in this state, shall not be deemed property, income, or resource of the recipient for any purpose and no deduction therefor shall be made from the recipient’s amount of aid. (b) The value and the occupancy value of the home owned by the aged, blind or disabled individual or in combination with any other person if it serves to provide him or her with a home. In the event that this subdivision is in conflict with federal regulations pertaining to the value of such home, federal law shall supersede this subdivision with the respect to the value of such home. Persons who would otherwise be eligible under this chapter except for the value of their home, shall nevertheless be entitled to grants under this chapter at the same level as are established for persons whose home is within the federal home value limits. Payments for such persons shall, if federal law permits, be administered by the secretary. If federal law does not so permit, such grants shall be paid by the counties, and the costs, including administrative costs, shall be deducted from the individual county’s contribution required under Section 12400. (c) Additional payments made from any source to a vendor in order to meet the needs of recipients as determined by the county welfare department. (d) Any other exclusions provided for in Chapter 4 (commencing with Section 12500) and Chapter 6.5 (commencing with Section 13900). (e) The value of the following items in the aggregate except that any amount paid in excess of one thousand eight hundred dollars ($1,800) or the dollar limit imposed by federal law, whichever is lower, shall not be disregarded: (1) Money or securities placed in an irrevocable trust for funeral, cremation, or interment expenses with any of the trustees mentioned in Section 7736 of the Business and Professions Code or Section 8775 of the Health and Safety Code. (2) Money or securities placed in an irrevocable trust created by a deposit in an insured savings institution made by one person of his or her own money in his or her own name as trustee for a funeral director to provide payment for funeral services rendered the funeral director upon the depositor’s death. (3) Life or burial insurance purchased specifically for funeral, cremation, or interment expense, which is placed in an irrevocable trust or which has no loan or surrender value available to the recipient. (4) Securities issued by a licensed cemetery authority which by their terms are convertible into payment for funeral, cremation, or interment expenses. (f) Interment plots as defined in Section 7022 of the Health and Safety Code. (Amended by Stats. 1982, Ch. 1520, Sec. 4. Effective September 30, 1982.)
  29. 12153.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 4. Eligibility [12150 - 12156] ( Article 4 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    A recipient who qualifies for more than one aged, blind, or disabled classification may choose which coverage classification to use, if federal law allows.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 4. Eligibility [12150 - 12156] ( Article 4 added by Stats. 1973, Ch. 1216. ) ## 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 chapter as aged, blind or disabled, shall be permitted to select his classification of coverage. (Repealed and added by Stats. 1973, Ch. 1216.)
  30. 12156.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 4. Eligibility [12150 - 12156] ( Article 4 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    To determine whether an individual is blind under this chapter, the person must be examined by either a physician skilled in eye diseases or an optometrist, as selected by the individual under applicable federal law.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 4. Eligibility [12150 - 12156] ( Article 4 added by Stats. 1973, Ch. 1216. ) ## 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 diseases of the eye or by an optometrist, whichever the individual may select in accordance with applicable federal law. (Added by Stats. 1974, Ch. 1141.)
  31. 12200.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    This section sets monthly aid amounts for aged, blind, and disabled applicants or recipients, and gives some people an extra monthly allowance. It also requires the department to issue an additional $12 monthly payment to certain recipients.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. ) ## 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 XVI of the Social Security Act and other nonexempt income and resources, equals the following: (a) For a blind applicant or recipient, the sum of seven hundred four dollars ($704) per month and for a married couple both qualifying for benefits under this chapter as blind, the sum of one thousand three hundred seventy-two dollars ($1,372) per month. (b) For a married couple, both qualifying for benefits under this chapter, and one of whom is blind, the sum of one thousand two hundred ninety-five dollars ($1,295) per month. (c) For an aged or disabled applicant or recipient, the sum of six hundred thirty dollars ($630) per month. (d) For a married couple both qualifying for benefits under this chapter as aged or disabled, the sum of one thousand one hundred sixty-seven dollars ($1,167) per month. (e) For an aged or disabled applicant or recipient under subdivision (c) or for a married couple under subdivision (d) whose living arrangement prevents preparation of his or her or their meals at home shall be entitled to an allowance of sixty-eight dollars ($68) per month for an individual and one hundred thirty-six dollars ($136) per month for a married couple in addition to any other amount he or she is entitled to under this chapter. (f) For a disabled minor under 18 living with a parent or guardian or relative by blood or marriage, the sum of four hundred ninety-nine dollars ($499) per month. (g) For a recipient in a nonmedical out-of-home care facility, the sum of seven hundred nine dollars ($709) per month. (h) For the personal and incidental needs of a person receiving care in a medical facility under the Medi-Cal Act, the sum of thirty dollars ($30) per month. The department shall issue, or arrange for the issuance from the appropriate state agency of, an additional twelve dollars ($12) each month to each recipient to whom this subdivision applies. (i) In the case of any individual, or couple, whose federal benefit received under Part A of Title XVI of the Social Security Act is reduced in accordance with Section 1612(a)(2)(A) of Public Law 92-603 because he lives in another person’s household and receives support and maintenance-in-kind from such person, the appropriate grant level set forth in subdivision (a), (b), (c), or (d) of this section shall be reduced by the amount of the reduction in the federal benefit, subject to the provisions in Section 12204. This subdivision shall be operative only during such time that such in-kind support and maintenance, under federal law, is treated as providing the basis for a lower payment standard rather than being treated as the receipt of unearned income. (Amended by Stats. 1991, Ch. 97, Sec. 14. Effective June 30, 1991. Operative July 1, 1991, by Sec. 30 of Ch. 97.)
  32. 12200.01.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    Starting November 1, 1992, the Section 12200 payment schedules were to be cut by 5.8%, except for subdivisions (e), (g), and (h).

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. ) ## 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, except subdivisions (e), (g), and (h) shall be reduced by 5.8 percent. (b) Notwithstanding subdivision (a), in no event shall the combined amount of the federal Supplementary Security Income payment and the state Supplementary State Program payment level for any applicant or recipient be reduced below the level required by the federal Social Security Act in order to maintain eligibility for federal funding under Title XIX of the federal Social Security Act (Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code). (Amended by Stats. 1996, Ch. 206, Sec. 16. Effective July 22, 1996.)
  33. 12200.015.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    Aid payment schedules are to be cut by 2.7%, but not below the federal level needed for Title XIX funding eligibility.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. ) ## 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 subdivision (a) of Section 12200.01, except subdivisions (e), (g), and (h) of Section 12200, shall be reduced by 2.7 percent beginning the first of the month following 60 days after the enactment of this section. (b) Notwithstanding subdivision (a), in no event shall the payment schedules be reduced below the level required by the federal Social Security Act in order to maintain eligibility for federal funding under Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code. (Amended by Stats. 1996, Ch. 206, Sec. 17. Effective July 22, 1996.)
  34. 12200.017.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    The section reduces certain maximum aid payments by 2.3% starting September 1, 1994.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. ) ## 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 subdivision (a) of Section 12200.01 and Section 12200.015, except subdivisions (e), (g), and (h) of Section 12200, shall be reduced by 2.3 percent effective September 1, 1994. (b) Notwithstanding subdivision (a), in no event shall any maximum aid payment schedule in any payment category established pursuant to Section 12200 be reduced below the level required by the federal Social Security Act in order to maintain eligibility for federal funding under Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code. (c) In no event shall the reduction of any maximum aid payment level pursuant to this section result in a change in share of cost or eligibility for services under Article 7 (commencing with Section 12300) for any aged, blind, or disabled person who was receiving services under that article in 1994 prior to the enactment of this section because of that reduction in maximum aid payment, provided he or she continues to meet other applicable requirements. (Amended by Stats. 1996, Ch. 206, Sec. 18. Effective July 22, 1996.)
  35. 12200.019.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    Certain aid payments are cut to December 1, 2008 levels and reduced by 2.3%, but not below the federal minimum needed for Title XIX funding eligibility.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. ) ## 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, except payments made pursuant to subdivisions (e), (g), and (h) of Section 12200, shall be reduced to the payment levels in effect on December 1, 2008, and shall be further reduced by 2.3 percent. (b) Notwithstanding subdivision (a), in no event shall the payment schedules be reduced below the level required by the federal Social Security Act in order to maintain eligibility for federal funding under Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code. (c) This section shall become operative on July 1, 2009. (Added by Stats. 2009, 3rd Ex. Sess., Ch. 13, Sec. 6. Effective February 20, 2009. Section operative July 1, 2009, by its own provisions. Note: The addition of this section was not terminated by Sec. 11 of Ch. 13 because the conditions failed.)
  36. 12200.02.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    This section reduces certain aid payments after a specified delay, with an exception for payments under Section 12200 subdivisions (e), (g), and (h).

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. ) ## 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 adds this section: (1) The maximum aid payment for a married couple, in accordance with Section 12200, shall be reduced to equal the minimum amount required by the federal Social Security Act in order to maintain eligibility for federal funding under Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code. (2) (A) The maximum aid payment under this article for an individual, in accordance with Section 12200, shall be reduced by 0.6 percent. (B) Notwithstanding subparagraph (A), in no event shall payments under this paragraph be reduced below the level required by the federal Social Security Act in order to maintain eligibility for federal funding under Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code. (b) Notwithstanding subdivision (a), the reductions required by this section shall not apply to payments made pursuant to subdivisions (e), (g), and (h) of Section 12200. (Added by Stats. 2009, 4th Ex. Sess., Ch. 4, Sec. 25. Effective July 28, 2009.)
  37. 12200.03.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    This section requires the maximum aid payment for an individual to be reduced, after the stated delay, to the minimum needed to keep federal funding eligibility, but not below the March 1983 state payment standards as adjusted.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. ) ## 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 that adds this section, the maximum aid payment for an individual, as specified in Section 12200, except subdivisions (e), (g), and (h) of that section, shall be reduced to equal the minimum amount required by the federal Social Security Act in order to maintain eligibility for federal funding under Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code. (b) Notwithstanding subdivision (a), in no event shall the payment schedules be reduced below the level of the state’s March 1983 payment standards, as adjusted by the federal Social Security Administration, pursuant to Section 416.2096(b) of Title 20 of the Code of Federal Regulations. (Amended by Stats. 2011, Ch. 32, Sec. 59. (AB 106) Effective June 29, 2011.)
  38. 12201.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    The department must adjust aid payment schedules annually for cost-of-living changes, with several exceptions, and must publish and update a county-by-county display of grant and rent information.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. ) ## 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 the cost of living. Except as provided in subdivision (e), (f), or (g), these adjustments shall become effective January 1 of each year. The cost-of-living adjustment shall be based on the changes in the California Necessities Index, which as used in this section shall be the weighted average of changes for food, clothing, fuel, utilities, rent, and transportation for low-income consumers. The computation of annual adjustments in the California Necessities Index shall be made in accordance with the following steps: (1) The base period expenditure amounts for each expenditure category within the California Necessities Index used to compute the annual grant adjustment are: Food ........................ $ 3,027 Clothing (apparel and upkeep) ........................ 406 Fuel and other utilities ........................ 529 Rent, residential ........................ 4,883 Transportation ........................ 1,757 Total ........................ $10,602 (2) Based on the appropriate components of the Consumer Price Index for All Urban Consumers, as published by the United States Department of Labor, Bureau of Labor Statistics, the percentage change shall be determined for the 12-month period which ends 12 months prior to the January in which the cost-of-living adjustment will take effect, for each expenditure category specified in paragraph (1) within the following geographical areas: Los Angeles-Long Beach-Anaheim, San Francisco-Oakland, San Diego, and, to the extent statistically valid information is available from the Bureau of Labor Statistics, additional geographical areas within the state which include not less than 80 percent of recipients of aid under this chapter. (3) Calculate a weighted percentage change for each of the expenditure categories specified in paragraph (1) using the applicable weighting factors for each area used by the Department of Industrial Relations to calculate the California Consumer Price Index (CCPI). (4) Calculate a category adjustment factor for each expenditure category in paragraph (1) by (1) adding 100 to the applicable weighted percentage change as determined in paragraph (2) and (2) dividing the sum by 100. (5) Determine the expenditure amounts for the current year by multiplying each expenditure amount determined for the prior year by the applicable category adjustment factor determined in paragraph (4). (6) Determine the overall adjustment factor by dividing (1) the sum of the expenditure amounts as determined in paragraph (4) for the current year by (2) the sum of the expenditure amounts as determined in paragraph (4) for the prior year. (b) The overall adjustment factor determined by the preceding computational steps shall be multiplied by the payment schedules established pursuant to Section 12200 as are in effect during the month of December preceding the calendar year in which the adjustments are to occur, and the product rounded to the nearest dollar. The resultant amounts shall constitute the new schedules for the categories given under subdivisions (a), (b), (c), (d), (e), (f), and (g) of Section 12200, and shall be filed with the Secretary of State. The amount as set forth in subdivision (h) of Section 12200 shall be adjusted annually pursuant to this section in the event that the secretary agrees to administer payment under that subdivision. The payment schedule for subdivision (i) of Section 12200 shall be computed as specified, based on the new payment schedules for subdivisions (a), (b), (c), and (d) of Section 12200. (c) The department shall adjust any amounts of aid under this chapter to ensure that the minimum level required by the Social Security Act in order to maintain eligibility for funds under Title XIX of that act is met. (d) (1) No adjustment shall be made under this section for the 1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 2004, 2006, 2007, 2008, 2009, and 2010 calendar years to reflect any change in the cost of living. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of Section 12201.05, and no further reduction shall be made pursuant to that section. (2) Any cost-of-living adjustment granted under this section for any calendar year shall not include adjustments for any calendar year in which the cost-of-living adjustment was suspended pursuant to paragraph (1). (e) For the 2003 calendar year, the adjustment required by this section shall become effective June 1, 2003. (f) For the 2005 calendar year, the adjustment required by this section shall become effective April 1, 2005. (g) (1) For the 2011 calendar year and each calendar year thereafter, no adjustment shall be made under this section unless otherwise specified by statute. (2) Notwithstanding paragraph (1), the pass along of federal benefits provided for in Section 12201.05 shall be effective on January 1 of each calendar year. (h) (1) On or before January 10, 2025, and annually thereafter, the department shall provide a display in writing, in the department’s Local Assistance Estimates Binder, and on the department’s internet website. (2) The display shall show both of the following: (A) The Supplemental Security Income/State Supplementary Payment grant amount for individuals compared to the most updated fair market rent amounts for a studio apartment in each of the 58 counties. (B) The amount remaining after paying rent and indicate the fair market rent as a percentage of the grant for each county. (3) The department shall update the display at the annual May Revision. (Amended by Stats. 2024, Ch. 46, Sec. 41. (AB 161) Effective July 2, 2024.)
  39. 12201.01.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    Section 12201.01 requires annual cost-of-living adjustments to the Section 12200 payment schedules, with adjustments effective each January 1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. ) ## 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 decreases in the cost of living, and these adjustments shall become effective January 1 of each year. The annual cost-of-living adjustment shall be based on the increase in the California Necessities Index for the year in which the adjustment becomes effective. (b) Notwithstanding subdivision (a), unless otherwise specified in the annual Budget Act, the cost-of-living adjustment pursuant to subdivision (a), commencing on or after July 1, 2022, and for each year thereafter, shall be 0 percent. (Added by Stats. 2018, Ch. 35, Sec. 31. (AB 1811) Effective June 27, 2018.)
  40. 12201.03.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    Certain aid payment schedules must include federal cost-of-living increases in specified years, with exceptions for 1994 and a delayed start in 2006.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. ) ## 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 adjustment is made pursuant to Section 12201, the payment schedules set forth in Sections 12200, 13920, and 13921, as adjusted pursuant to Section 12201, shall include the pass along of any cost-of-living increases in federal benefits under Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code. (b) Notwithstanding paragraph (2) of subdivision (d) of Section 12201, any adjustments made pursuant to this section to reflect the pass along of federal cost-of-living adjustments shall be included in the base amounts for purposes of determining cost-of-living adjustments made pursuant to Section 12201. (c) Notwithstanding subdivision (a), no pass along of any cost-of-living increase in federal benefits under Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code shall be made in 1994. This provision shall not apply to those persons receiving payments pursuant to subdivisions (e), (g), and (h) of Section 12200. (d) Notwithstanding subdivision (a), in no event shall the payment schedules be reduced below the level required by the federal Social Security Act in order to maintain eligibility for federal funding under Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code. (e) Notwithstanding subdivisions (a) and (c), for the 2006 calendar year, the pass along of any cost-of-living increase in federal benefits under Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code shall not become effective until April 1, 2006. This subdivision shall not apply to those persons receiving payments pursuant to subdivisions (e), (g), and (h) of Section 12200. (Amended by Stats. 2006, Ch. 75, Sec. 33. Effective July 12, 2006.)
  41. 12201.04.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    On January 1, 1999, the Section 12200 payment schedules must be increased by 1 percent, in addition to the changes required by Section 12201.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. ) ## 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 shall be increased by an additional 1 percent. (Added by Stats. 1998, Ch. 329, Sec. 24. Effective August 21, 1998.)
  42. 12201.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    Certain payment schedules must include pass-through of federal cost-of-living increases when no state COLA is made.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. ) ## 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 payment schedules set forth in Sections 12200, 13920, and 13921, as adjusted pursuant to Section 12201, shall include the pass along of any cost-of-living increases in federal benefits under Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code, except that for the 2006 calendar year, the federal pass along shall not become effective until April 1, 2006. This delay shall not apply to those persons receiving payments pursuant to subdivisions (e), (g), and (h) of Section 12200. (b) Notwithstanding paragraph (2) of subdivision (d) of Section 12201, any adjustments made pursuant to this section to reflect the pass-along of federal cost-of-living adjustments shall be included in the base amounts for purposes of determining cost-of-living adjustments made pursuant to Section 12201. (Amended by Stats. 2006, Ch. 75, Sec. 34. Effective July 12, 2006.)
  43. 12201.06.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    This section increases certain aid payments under the article and requires notice to specified legislative bodies before the state agencies notify the federal Social Security Administration.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. ) ## 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 under Part A of Title XVI of the federal Social Security Act, shall be increased by 2.76 percent. (b) (1) Commencing January 1, 2022, the amount of aid paid pursuant to this article, in effect on December 31, 2021, less the federal benefit portion received under Part A of Title XVI of the federal Social Security Act, shall be increased by a percent increase, as determined by the State Department of Social Services and the Department of Finance that can be accomplished with two hundred ninety-one million two hundred eighty-seven thousand dollars ($291,287,000). (2) The State Department of Social Services and the Department of Finance shall provide a notice to the Assembly and Senate Health and Human Services budget subcommittees, Assembly and Senate Human Services policy committees, and the Legislative Analyst’s Office of the final percent increase effectuated by the appropriation included in the Budget Act of 2021 for the purposes of implementing paragraph (1) 30 days prior to notifying the federal Social Security Administration to operationalize the grant increase in this subdivision. (3) Subject to an appropriation in the Budget Act of 2022, commencing January 1, 2023, the amount of aid paid pursuant to this article, in effect on December 31, 2022, less the federal benefit portion received under Part A of Title XVI of the federal Social Security Act, shall be increased by a percent increase, as determined by the State Department of Social Services and the Department of Finance. (4) The State Department of Social Services and the Department of Finance shall provide a notice to the Assembly and Senate Health and Human Services budget subcommittees, Assembly and Senate Human Services policy committees, and the Legislative Analyst’s Office of the final percent increase effectuated by the appropriation included in the Budget Act of 2022 for the purposes of implementing paragraph (3) 30 days before notifying the federal Social Security Administration to operationalize the grant increase in this subdivision. (c) (1) Subject to an appropriation in the Budget Act of 2023, commencing January 1, 2024, the amount of aid paid pursuant to this article, in effect on December 31, 2023, less the federal benefit portion received under Part A of Title XVI of the federal Social Security Act, shall be increased by a percent increase, as determined by the State Department of Social Services and the Department of Finance. (2) The State Department of Social Services and the Department of Finance shall provide a notice to the Assembly and Senate Health and Human Services budget subcommittees, Assembly and Senate Human Services policy committees, and the Legislative Analyst’s Office of the final percent increase effectuated by the appropriation included in the Budget Act of 2023 for the purposes of implementing paragraph (1) 30 days before notifying the federal Social Security Administration to operationalize the grant increase in this subdivision. (Amended by Stats. 2023, Ch. 43, Sec. 54. (AB 120) Effective July 10, 2023.)
  44. 12201.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    For a disabled minor in a nonmedical out-of-home facility with a nonrelative guardian, the applicable aid amount is the amount set in Section 12200(g), as adjusted for cost of living, unless subdivision (d) of Section 12201 applies.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. ) ## 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 with a nonrelative guardian shall be the amount specified in subdivision (g) of that section, as adjusted for cost of living pursuant to Section 12201, except as provided in subdivision (d) of Section 12201. (Amended by Stats. 1990, Ch. 456, Sec. 7. Effective July 31, 1990.)
  45. 12201.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    The department must issue a one-time $600 increase to certain payments, and it may use all-county letters or similar instructions to implement the section.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. ) ## 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 date to be determined by the department. (b) The one-time increase to a payment made pursuant to this section shall be exempt from the administration provisions pursuant to Article 3 (commencing with Section 12100) and shall be administered in the form and manner determined by the department. (c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of all-county letters or similar written instructions, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar instructions shall have the same force and effect as regulations. (Added by Stats. 2021, Ch. 15, Sec. 6. (SB 86) Effective April 16, 2021.)
  46. 12202.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    Aid should be granted to the recipient in his own home, or another suitable home of his choosing, rather than in an institution.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. ) ## 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 in an institution. (Repealed and added by Stats. 1973, Ch. 1216.)
  47. 12203.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    If the federal government authorizes an increase in the adjusted payment level after October 1972, the maximum aid grants under Section 12200 must be increased by 50% of that increase, or more if federal law requires.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. ) ## 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, above the adjusted payment level under the appropriate approved plan of this state as in effect for January 1972 under Section 401 of Title IV of the Social Security Act Amendments of 1972, the maximum grants of aid provided in Section 12200 shall be increased by an amount equal to 50 percent of such increase in the adjusted payment level, or any higher amount of such increase in the adjusted payment level as is required by federal law. The increase to the grants provided by this section shall be in addition to any increases provided pursuant to Section 12201 or any other provisions of law. An increase in the adjusted payment level provided in this section includes, but is not limited to, increases, if any, as a result of Public Law 93-86 and increases as a result of the adjusted payment level being based upon the appropriate approved plan of this state as in effect for any date on and after January 1, 1972. (Repealed and added by Stats. 1973, Ch. 1216.)
  48. 12204.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    Recipients are entitled to the greater payment amount when the payment they receive is less than what they would otherwise get under this chapter or Chapter 4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. ) ## 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. In the event that such payment to any such recipient is less than the amount he would otherwise be entitled to receive under this chapter or Chapter 4 (commencing with Section 12500) of this part such recipient shall be entitled to receive the greater amount. (Repealed and added by Stats. 1973, Ch. 1216.)
  49. 12205.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    The director must notify the Secretary of the U.S. Department of Health, Education and Welfare of the amount of certain federal benefit increases, within 15 working days after written notice from the secretary.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 5. Payment of Aid [12200 - 12205] ( Article 5 added by Stats. 1973, Ch. 1216. ) ## 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 increase in federal benefits under Title II of the Social Security Act shall be added to the payment schedules as set forth in Section 12200, excluding subdivision (h), in accordance with the following method: The amount of the increase in the federal monthly benefit level shall be multiplied by the number of recipients who will benefit therefrom and the resultant amount divided by the total number of recipients eligible for assistance under the provisions of this chapter at the time the increases are to go into effect, and the quotient rounded to the nearest dollar. This amount shall determine the increase in the aforementioned payment schedules. Subsequent to the first increase pursuant to this section, each additional increase in the Title XVI federal benefit levels added to the payment schedules of Section 12200, excepting subdivision (h), shall be based on the difference between the federal benefit levels immediately applicable prior to an increase thereto and the federal benefit levels immediately applicable thereafter. The director shall notify the Secretary of the United States Department of Health, Education and Welfare of the amount of the increases to be added pursuant to this section to the payment schedules in Section 12200, no later than 15 working days following the date on which the director is notified by the secretary in writing of the amounts of the increases to federal benefits. This section shall be suspended for the period from July 1 through December 31, 1983, and on January 1, 1984, shall become operative again. (Amended by Stats. 1983, Ch. 323, Sec. 116.1. Effective July 21, 1983. Note: This amendment suspended the operation of this section from July 1, 1983, until Jan. 1, 1984.)
  50. 12250.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 6. Services [12250 - 12254] ( Article 6 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    This article states the program’s intent to maintain a state system of social services, including rehabilitation services, for aged, blind, or disabled persons.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 6. Services [12250 - 12254] ( Article 6 added by Stats. 1973, Ch. 1216. ) ## 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, including rehabilitation services, to assist aged, blind or disabled persons under this chapter attain or retain the capabilities of maintaining or achieving self-care, economic independence, personal well-being, rehabilitation or a sound family life. Such services may be provided to former or potential recipients of aid. (Repealed and added by Stats. 1973, Ch. 1216.)
  51. 12251.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 6. Services [12250 - 12254] ( Article 6 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    This section says certain welfare services count as “social services,” and the department sets eligibility criteria. At minimum, eligibility must include income and linkage to other public assistance programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 6. Services [12250 - 12254] ( Article 6 added by Stats. 1973, Ch. 1216. ) ## 12251. As used in this article, and Article 7 (commencing with Section 12300), the term “social services” includes in-home supportive services, protective services, and children’s out-of-home care services as such services are defined by the department in order to secure maximum federal financial participation. Availability of these services shall be based upon the eligibility criteria set forth by the department and shall include, at a minimum, provision for eligibility based on income and linkage to other public assistance programs. Nothing in this section shall be construed as limiting eligibility for protective services and children’s out-of-home care services on the basis of income and linkage to other public assistance programs, to the extent these services are not presently limited on these bases. (Amended by Stats. 2001, Ch. 111, Sec. 35. Effective July 30, 2001.)
  52. 12252.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 6. Services [12250 - 12254] ( Article 6 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    The department must prepare and submit a state plan for social services to the aged, blind, and disabled to the secretary.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 6. Services [12250 - 12254] ( Article 6 added by Stats. 1973, Ch. 1216. ) ## 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 Social Security Act, the purposes of this article, and that will, together with the state plan for services to needy families, fully utilize and distribute the total federal allocation of funds for social services under the public assistance programs for any fiscal year pursuant to Section 15156. Such a plan shall include all the services listed in Section 12251. (Amended by Stats. 1977, Ch. 1252.)
  53. 12253.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 6. Services [12250 - 12254] ( Article 6 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    The department and the State Department of Rehabilitation must jointly plan how referred cases are processed, and the State Department of Rehabilitation must provide approved vocational rehabilitation services to referred individuals, subject to federal law.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 6. Services [12250 - 12254] ( Article 6 added by Stats. 1973, Ch. 1216. ) ## 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 Rehabilitation for a determination of feasibility and planning for vocational rehabilitation. To the extent permitted by federal law the State Department of Rehabilitation shall provide vocational rehabilitation services approved under the Vocational Rehabilitation Act to every individual referred pursuant to Section 1615 of Part A of Title XVI of the Social Security Act. The State Department of Rehabilitation may contract with individual counties to provide such services. Vocational rehabilitation services provided under this section shall be financed, to the extent possible, under Section 1615(b) of Part A of Title XVI of the Social Security Act and shall be limited to the amounts appropriated for such purpose. (Amended by Stats. 1977, Ch. 1252.)
  54. 12254.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 6. Services [12250 - 12254] ( Article 6 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    Funding for this article is subject to Part 1.5 of this division.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 6. Services [12250 - 12254] ( Article 6 added by Stats. 1973, Ch. 1216. ) ## 12254. 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: Repeal conditions in Sec. 14 of Ch. 1235 failed.)
  55. 12300.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    This section sets out in-home supportive services, who may receive them, when personal care services can be provided at work, and limits on duplicate coverage, reimbursement, and total hours.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 identified in this section to aged, blind, or disabled persons, as defined under this chapter, who are unable to perform the services themselves and who cannot safely remain in their homes or abodes of their own choosing unless these services are provided. (b) Supportive services shall include domestic services and services related to domestic services, heavy cleaning, personal care services, accompaniment by a provider when needed during necessary travel to health-related appointments or to alternative resource sites, yard hazard abatement, protective supervision, teaching and demonstration directed at reducing the need for other supportive services, and paramedical services that make it possible for the recipient to establish and maintain an independent living arrangement. (c) Personal care services shall mean all of the following: (1) Assistance with ambulation. (2) Bathing, oral hygiene, and grooming. (3) Dressing. (4) Care and assistance with prosthetic devices. (5) Bowel, bladder, and menstrual care. (6) Repositioning, skin care, range of motion exercises, and transfers. (7) Feeding and assurance of adequate fluid intake. (8) Respiration. (9) Assistance with self-administration of medications. (d) Personal care services are available if these services are provided in the beneficiary’s home and other locations as may be authorized by the director. Among the locations that may be authorized by the director under this subdivision is the recipient’s place of employment if all of the following conditions are met: (1) The personal care services are limited to those services that are currently authorized for a recipient in the recipient’s home and those services are to be utilized by the recipient at the recipient’s place of employment to enable the recipient to obtain, retain, or return to work. Authorized services utilized by the recipient at the recipient’s place of employment shall be services that are relevant and necessary in supporting and maintaining employment. However, workplace services shall not be used to supplant any reasonable accommodations required of an employer by the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.; ADA) or other legal entitlements or third-party obligations. (2) The provision of personal care services at the recipient’s place of employment shall be authorized only to the extent that the total hours utilized at the workplace are within the total personal care services hours authorized for the recipient in the home. Additional personal care services hours may not be authorized in connection with a recipient’s employment. (e) When supportive services are provided to a minor, the provider of supportive services shall be paid only for the following: (1) Services related to domestic services. (2) Personal care services. (3) Accompaniment by a provider when needed during necessary travel to health-related appointments or to alternative resource sites. (4) Protective supervision only as needed because of the functional limitations of the child. (5) Paramedical services. (f) The policy changes made to minor provider eligibility guidelines in subdivision (e) by the act that added this subdivision shall take effect 60 days after the State Department of Social Services issues policy guidance and, if needed, fiscal guidance through all-county letter or similar written instructions. (g) To encourage maximum voluntary services, so as to reduce governmental costs, respite care shall also be provided. Respite care is temporary or periodic service for eligible recipients to relieve persons who are providing care without compensation. (h) A person who is eligible to receive a service or services under an approved federal waiver authorized pursuant to Section 14132.951, or a person who is eligible to receive a service or services authorized pursuant to Section 14132.95, shall not be eligible to receive the same service or services pursuant to this article. If the waiver authorized pursuant to Section 14132.951, as approved by the federal government, does not extend eligibility to all persons otherwise eligible for services under this article, or does not cover a service or particular services, or does not cover the scope of a service that a person would otherwise be eligible to receive under this article, those persons who are not eligible for services, or for a particular service under the waiver or Section 14132.95, shall be eligible for services under this article. (i) A person who is eligible for state-only funded full-scope Medi-Cal benefits under Chapter 7 (commencing with Section 14000), and who meets all other applicable eligibility criteria for receiving services under this article, shall be eligible for services available under this article. (j) (1) All services provided pursuant to this article shall be equal in amount, scope, and duration to the same services provided pursuant to Section 14132.95, including any adjustments that may be made to those services pursuant to subdivision (e) of Section 14132.95. (2) Notwithstanding any other provision of this article, the rate of reimbursement for in-home supportive services provided through any mode of service shall not exceed the rate of reimbursement established under subdivision (j) of Section 14132.95 for the same mode of service unless otherwise provided in the annual Budget Act. (3) The maximum number of hours available under Section 14132.95, Section 14132.951, and this section, combined, shall be 283 hours per month. Any recipient of services under this article shall receive no more than the applicable maximum specified in Section 12303.4. (Amended by Stats. 2023, Ch. 43, Sec. 55. (AB 120) Effective July 10, 2023.)
  56. 12300.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Supportive services include certain ordered paramedical services, and a provider must render those services under a licensed health care professional’s direction with the recipient’s informed consent.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 who is lawfully authorized to do so, which persons could provide for themselves but for their functional limitations. Paramedical services include the administration of medications, puncturing the skin or inserting a medical device into a body orifice, activities requiring sterile procedures, or other activities requiring judgment based on training given by a licensed health care professional. These necessary services shall be rendered by a provider under the direction of a licensed health care professional, subject to the informed consent of the recipient obtained as a part of the order for service. Any and all references to Section 12300 in any statute heretofore or hereafter enacted shall be deemed to be references to this section. All statutory references to the supportive services specified in Section 12300 shall be deemed to include paramedical services. (Amended by Stats. 1992, Ch. 939, Sec. 2. Effective September 28, 1992.)
  57. 12300.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    When the department changes in-home supportive services amounts, it must notify each recipient and explain the authorized tasks and allotted hours.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 to each recipient. The recipient shall also receive a description of each specific task authorized and the number of hours allotted. In the case of reassessment, the recipient shall receive an identification of hours for tasks increased or reduced and the difference from previous hours authorized. (Added by Stats. 1983, Ch. 323, Sec. 116.5. Effective July 1, 1983.)
  58. 12300.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    This section lets an applicant or recipient name an authorized representative in writing, but limits that person’s authority and excludes administrative hearings.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 for or recipient of in-home supportive services pursuant to this article, to accompany, assist, and represent the applicant or recipient for purposes related to the program, including, but not limited to, the application process, direction of services, and redetermination of eligibility. (b) An applicant or recipient may designate an individual to act as his or her authorized representative for the purposes described in subdivision (a) on a form that does all of the following: (1) Specifies an effective time period, to be determined by the department. (2) Specifies the responsibilities to be performed by the authorized representative. (3) May be revoked or changed by the applicant or recipient at any time. (c) The authorized representative designation pursuant to this section shall not authorize representation for an administrative hearing conducted by the department. An applicant or recipient shall comply with Section 10950 to designate an authorized representative for the purposes of an administrative hearing. (d) The authorized representative shall have the responsibility to act in the applicant or recipient’s best interest, shall not have any other power to act on behalf of the applicant or recipient, except as specified in writing pursuant to this section, and shall not act in lieu of the applicant or recipient. (e) (1) An applicant or recipient who has a legal representative with the legal authority to act on behalf of the applicant or recipient that includes decisionmaking authority for purposes reasonably believed to be related to the program, as described in subdivision (a), shall not be required to complete an authorized representative form, except for the purpose specified in subdivision (g). (2) A legal representative may designate an authorized representative for the applicant or recipient in accordance with the requirements of this section. (3) For purposes of this subdivision, a legal representative shall include both of the following: (A) A court-appointed guardian or conservator. (B) For an applicant or recipient who is a minor, a parent or other individual determined by the county human services agency to be the legally authorized decisionmaker for the applicant or recipient. (f) (1) The following individuals shall not serve as an authorized representative for an applicant or recipient: (A) An individual who is prevented from being a provider of services pursuant to Section 12305.81. (B) An individual who is prevented from being a provider of services pursuant to Section 12305.87. (2) The prohibitions described in paragraph (1) shall not apply to an individual described in subdivision (e). (g) An authorized representative may sign timesheets or other provider-related documents for in-home supportive services on behalf of the recipient, if specified by the recipient on the authorized representative form. Notwithstanding any other law, an authorized representative who is a provider of services for the recipient may not sign his or her own timesheet on behalf of the recipient unless the authorized representative is an individual specified in subdivision (e). For administrative processing purposes, a legal representative specified in subdivision (e) shall complete an authorized representative form to sign timesheets or other provider-related documents for in-home supportive services on behalf of the recipient. (h) (1) The department, in consultation with the State Department of Health Care Services, the County Welfare Directors Association of California, representatives of applicants for and recipients of services under this article, and representatives of providers of services under this article, shall develop a standardized statewide form and procedures for effectuating the designation of an authorized representative pursuant to this section. (2) The standard agreement form shall include a notification regarding the requirements of this subdivision and a statement that by signing the agreement, the individual designated as an authorized representative agrees to abide by those requirements. (i) When an applicant or recipient designates an authorized representative on the authorized representative form, the county shall retain the original form in the applicant or recipient’s in-home supportive services case file. The form may be electronically retained. The county shall provide copies of the form to the applicant or recipient and to the individual designated as the authorized representative. (j) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations implementing these provisions no later than July 1, 2016. The department may readopt any emergency regulation authorized by this section that is the same as or substantially equivalent to an emergency regulation previously adopted under this section. (2) The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State, and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted. (Added by Stats. 2015, Ch. 707, Sec. 1. (AB 1436) Effective January 1, 2016.)
  59. 12300.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    This section limits IHSS provider hours, requires recipients to direct authorized services, and sets rules for overtime, travel time, timesheets, and exemption handling.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 recipient who is authorized to receive in-home supportive services pursuant to this article, or Section 14132.95, 14132.952, or 14132.956, administered by the State Department of Social Services, or waiver personal care services pursuant to Section 14132.97, administered by the State Department of Health Care Services, or any combination of these services, shall direct these authorized services, and the authorized services shall be performed by a provider or providers within a workweek and in a manner that complies with the requirements of this section. (b) (1) A workweek is defined as beginning at 12:00 a.m. on Sunday and includes the next consecutive 168 hours, terminating at 11:59 p.m. the following Saturday. (2) A provider of services specified in subdivision (a) shall not work a total number of hours within a workweek that exceeds 66, in accordance with subdivision (d). The total number of hours worked within a workweek by a provider is defined as the sum of the following: (A) All hours worked providing authorized services specified in subdivision (a). (B) Travel time, as defined in subdivision (f), only if federal financial participation is not available to compensate for that travel time. If federal financial participation is available for travel time, as defined in subdivision (f), the travel time shall not be included in the calculation of the total weekly hours worked within a workweek, except for purposes of overtime compensation pursuant to subdivision (c). (3) (A) If the authorized in-home supportive services of a recipient cannot be provided by a single provider as a result of the limitation specified in paragraph (2), it is the responsibility of the recipient to employ an additional provider or providers, as needed, to ensure the provider’s authorized services are provided within that provider’s total weekly authorized hours of services established pursuant to subdivision (b) of Section 12301.1. (B) (i) It is the intent of the Legislature that this section not result in reduced services authorized to recipients of waiver personal care services, as described in subdivision (a). (ii) The State Department of Health Care Services shall work with and assist recipients receiving services pursuant to the Nursing Facility/Acute Hospital Transition and Diversion Waiver or the In-Home Operations Waiver, or their successors, who are at or near their individual cost cap, as that term is used in the waivers, to avoid a reduction in the recipient’s services that may result because of increased overtime pay for providers. As part of this effort, the department shall consider allowing the recipient to exceed the individual cost cap, if appropriate, and authorize exemptions as set forth in subdivision (d) of Section 14132.99. The department shall provide timely information to waiver recipients as to the steps that will be taken to implement this clause. (4) (A) A provider shall inform each recipient of the number of hours that the provider is available to work for that recipient, in accordance with this section. (B) A recipient, the recipient’s authorized representative, or any other entity shall not authorize any provider to work hours that exceed the applicable limitation or limitations of this section. (C) A recipient may authorize a provider to work hours in excess of the recipient’s weekly authorized hours established pursuant to Section 12301.1 without notification of the county welfare department, in accordance with both of the following: (i) The authorization does not result in more than 40 hours of authorized services per week being provided. (ii) The authorization does not exceed the recipient’s authorized hours of monthly services pursuant to paragraph (1) of subdivision (b) of Section 12301.1. (5) For providers of in-home supportive services, the State Department of Social Services or a county may terminate the provider from providing services under the IHSS program if a provider continues to violate the limitations of this section on multiple occasions. (c) Notwithstanding any other law, hours worked by a provider in the performance of services described in subdivision (a) or travel time described in subdivision (f) that exceed 40 hours in a workweek shall be compensated at one and one-half times the provider’s hourly wage. (d) A provider of services described in subdivision (a) is subject to all of the following, as applicable to the situation of that provider: (1) (A) A provider who works for one individual recipient of those services shall not work a total number of hours within a workweek that exceeds 66 hours. The provision of these services by that provider to the individual recipient shall not exceed the total weekly hours of the services authorized to that recipient, except as additionally authorized pursuant to subparagraph (C) of paragraph (4) of subdivision (b). If multiple providers serve the same recipient, it shall continue to be the responsibility of that recipient or the authorized representative of that recipient to schedule the work of the providers to ensure the authorized services of the recipient are provided in accordance with this section. (B) If a recipient’s weekly authorized hours are adjusted pursuant to subparagraph (C) of paragraph (1) of subdivision (b) of Section 12301.1 and exceed 66 hours, and at the time of adjustment the recipient currently receives all authorized hours of service from one provider, that provider shall be deemed authorized to work the recipient’s county-approved adjusted hours for that week, but only if the additional hours of work, based on the adjustment, do not exceed the total number of hours worked that are compensable at an overtime pay rate that the provider would have been authorized to work in that month if the weekly hours had not been adjusted. (2) A provider of in-home supportive services described in subdivision (a) who serves multiple recipients is not authorized to, and shall not, work more than 66 total hours in a workweek, regardless of the number of recipients for whom the provider provides services authorized by subdivision (a). Providers are subject to the limits of each recipient’s total authorized weekly hours of in-home supportive services described in subdivision (a), except as additionally authorized pursuant to subparagraph (C) of paragraph (4) of subdivision (b). (3) Notwithstanding paragraph (2), the 66-hour workweek limit described in subdivision (b) does not apply to a provider of in-home supportive services described in subdivision (a), and a recipient of those services may receive those services from a requested provider, if the provider has an approved exemption, as set forth in subparagraph (A) or (B). A provider who has an approved exemption pursuant to subparagraph (A) or (B) shall not work a total number of hours in excess of 360 hours per month combined for the recipients of in-home supportive services served by that provider and may not exceed a recipient’s monthly authorized hours. (A) A provider is eligible for an exemption if that provider met all of the following on or before January 31, 2016: (i) The provider provided services to two or more recipients of in-home supportive services described in subdivision (a). (ii) The provider lived in the same home as all of the recipients for whom that provider provided services. (iii) The provider is related, biologically, by adoption, or as a foster caregiver, legal guardian, or conservator, to all of the recipients for whom the provider provides services as the recipients’ parent, stepparent, foster or adoptive parent, grandparent, legal guardian, or conservator. (B) A provider is eligible for an exemption if the provider provides services to two or more recipients of in-home supportive services described in subdivision (a), if each recipient for whom the provider provides services has at least one of the following circumstances that puts the recipient at serious risk of placement in out-of-home care if the services could not be provided by that provider: (i) The recipient has complex medical or behavioral needs that must be met by a provider who lives in the same home as the recipient. (ii) The recipient lives in a rural or remote area where available providers are limited, and, as a result, the recipient is unable to hire another provider. (iii) The recipient is unable to hire another provider who speaks the same language as the recipient, resulting in the recipient being unable to direct the recipient’s own care. (C) At the time of assessment or reassessment, the county shall evaluate each recipient to determine if the recipient’s circumstances appear to indicate that the provider for that recipient may be eligible for an exemption described in subparagraph (A) or (B). The county shall then inform those recipients about the potentially applicable exemptions and the process by which they or their provider may apply for the exemption. (D) On a one-time basis upon implementation of this paragraph, the department shall mail an informational notice and an exemption request form to all providers of multiple recipients who may be eligible for an exemption pursuant to subparagraph (B) and to the recipients to whom those providers provide services. (E) (i) The county shall review the requests for consideration for an exemption described in subparagraph (B) pursuant to a process developed by the department with input from counties and stakeholders. The county shall consider whether the denial of an exemption would place a recipient or recipients at serious risk of placement in out-of-home care due to any of the circumstances described in clauses (i) to (iii), inclusive, of subparagraph (B). (ii) Within 30 days of receiving an application for an exemption described in subparagraph (B) from a provider or from a recipient on behalf of a provider, the county shall mail a written notification letter to the provider and the recipients for whom the provider provides services of its approval or denial of the exemption. If the county denies the exemption, the county shall also explain in the notification letter the reason for the denial and information about the process to request a review by the department, independent of the county’s decision. The county shall use a standardized notification letter, developed by the department in consultation with stakeholders, for purposes of providing the notification letter that is required by this clause. (iii) (I) A provider whose exemption under subparagraph (B) has been denied, or a recipient on behalf of the provider whose exemption under subparagraph (B) has been denied, may request a review by the department, independent of the county’s decision. (II) The department shall develop the review process with input from stakeholders. At a minimum, the review process shall ensure that it provides the provider or the recipient, or that person’s authorized representative, with the opportunity to speak with, and provide written information to, staff of the department conducting the review about how the recipient meets the criteria described in subparagraph (B) and how any alternative services proposed by the county would place the recipient at serious risk of placement in out-of-home care. (III) The department shall consider the information provided by the provider or the recipient, or that person’s authorized representative, and the information provided by the county in reaching its decision. (IV) The department shall mail its written decision within 20 days of the date the provider or the recipient is scheduled to speak with the staff of the department conducting the review, unless the provider or the recipient has requested additional time to submit information and the department has granted that request. The written decision shall inform the provider and the recipients for whom the provider provides services if the exemption is granted or denied. If the department denies the exemption, the department shall also explain in the written decision the reason for the denial. (iv) The county shall record the number of requests for exemptions that are received from providers or recipients on the provider’s behalf and the number of requests approved or denied, and shall submit these numbers to the department. The department shall record the number of requests for the review by the department that are received from providers or recipients and the number of exemptions that are approved or denied through the review process. The numbers by the county and the department shall be posted no later than every three months on the department’s internet website. (e) Recipients and providers shall be informed of the limitations and requirements contained in this section, through notices at intervals and on forms as determined by the State Department of Social Services or the State Department of Health Care Services, as applicable, following consultation with stakeholders. (f) (1) A provider of services described in subdivision (a) shall not engage in travel time in excess of seven hours per week. For purposes of this subdivision, “travel time” means time spent traveling directly from a location where authorized services specified in subdivision (a) are provided to one recipient to another location where authorized services are to be provided to another recipient. A provider shall coordinate hours of work with the provider’s recipients to comply with this section. (2) The hourly wage to compensate a provider for travel time described in this subdivision when the travel is between two counties shall be the hourly wage of the destination county. (3) Travel time, and compensation for that travel time, between a recipient of authorized in-home supportive services specified in subdivision (a) and a recipient of authorized waiver personal care services specified in subdivision (a) shall be attributed to the program authorizing services for the recipient to whom the provider is traveling. (4) Hours spent by a provider while engaged in travel time shall not be deducted from the authorized hours of service of any recipient of services specified in subdivision (a). (5) The State Department of Social Services and the State Department of Health Care Services shall issue guidance and processes for travel time between recipients that will assist the provider and recipient to comply with this subdivision. Each county shall provide technical assistance to providers and recipients, as necessary, to implement this subdivision. (g) A provider of authorized in-home supportive services specified in subdivision (a) shall timely submit, deliver, or mail, verified by postmark or request for delivery, a signed payroll timesheet within two weeks after the end of each bimonthly payroll period. Notwithstanding any other law, a provider who submits an untimely payroll timesheet for providing authorized in-home supportive services specified in subdivision (a) shall be paid by the state within 30 days of the receipt of the signed payroll timesheet. (h) This section does not apply to a contract entered into pursuant to Section 12302 for authorized in-home supportive services. Contract rates negotiated pursuant to Section 12302 shall be based on costs consistent with a 40-hour workweek. (i) The state and counties are immune from any liability resulting from implementation of this section. (j) An action authorized under this section that is implemented in a program authorized pursuant to Section 14132.95, 14132.956, or 14132.97 shall be compliant with federal Medicaid requirements, as determined by the State Department of Health Care Services. (k) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services and the State Department of Health Care Services may implement, interpret, or make specific this section by means of all-county letters or similar instructions, without taking any regulatory action. (Amended by Stats. 2025, Ch. 110, Sec. 5. (SB 156) Effective September 17, 2025.)
  60. 12300.41.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    For a limited three-month period, providers’ timesheets may be paid above Section 12300.4 limits if monthly hours do not exceed the recipient’s authorized hours. The State Department of Social Services must also oversee a study, share information with stakeholders, and report to the Legislature.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 excess of the limitations specified in Section 12300.4, so long as the number of hours worked by the provider within a month do not exceed the authorized hours of the recipient or recipients served by that provider. (b) The State Department of Social Services, in consultation with stakeholders, shall oversee a study of the implementation of Section 12300.4, Section 12301.1, and this section. This study shall cover the 24-month period subsequent to the three-month period specified in subdivision (a). Information collected for the study shall periodically be made available to stakeholders, including, but not limited to, representatives of recipients and providers, counties, and the legislative staff. Upon completion of the study, a report shall be submitted to the Legislature. (c) Using the study described in (b), it is the intent of the Legislature to evaluate implementation of the federal regulations described in paragraph (1) of subdivision (l) of Section 12300.4 and make any adjustments determined appropriate or necessary through subsequent legislation. (Amended by Stats. 2015, Ch. 303, Sec. 599. (AB 731) Effective January 1, 2016.)
  61. 12300.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The department must create and give the Legislature a framework for a permanent provider backup system, and the system cannot be implemented or funded until statutes define its parameters.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 12300.5. The department, in consultation with stakeholders, shall create, and provide to the Legislature, the framework for a permanent provider backup system. The permanent backup provider system shall not be implemented, and state or federal funds appropriated in the 2021–22 fiscal year or any other fiscal year shall not be used, until statutes are enacted to define the parameters of this service, including, but not limited to, the criteria and circumstances when those services may be approved for a recipient who is authorized to receive in-home supportive services pursuant to this article or Sections 14132.95, 14132.952, or 14132.956, as administered by the department, or waiver personal care services pursuant to Section 14132.97, as administered by the State Department of Health Care Services, or any combination of these services. (Added by Stats. 2021, Ch. 85, Sec. 49. (AB 135) Effective July 16, 2021.)
  62. 12300.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    County or public authorities must run a backup provider system for certain in-home supportive services, and eligible recipients may use backup services when urgent need and health-and-safety conditions are met.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 established pursuant to Section 12301.6, in collaboration with the applicable county, shall administer a backup provider system for in-home supportive services and waiver personal care services providers in compliance with the requirements of this section and Section 12300.5. (b) Under the backup provider system, a recipient shall be eligible to receive temporary in-home supportive services or waiver personal care services from a backup provider as set forth in this section if both of the following conditions are met: (1) The recipient has an urgent need for backup supportive services due to a need for personal care services that cannot be met by an existing provider, or because they are transitioning to home-based care and do not yet have an identified provider. (2) The recipient’s health and safety will be at risk if they do not receive their regularly scheduled in-home supportive services or waiver personal care services such that it may result in the need for emergency services or out-of-home placement if backup supportive services are not provided. (c) (1) The maximum total of hours received under the backup provider system shall not exceed 80 hours per state fiscal year for each eligible recipient. Exceptions to this 80-hour limit may be granted on an as-needed basis for severely impaired recipients, but shall not exceed 160 hours each state fiscal year. Exceptions shall only be granted if funding for the exception is appropriated in the annual Budget Act. (2) All service hours received under the backup provider system shall count toward the recipient’s total monthly authorized in-home supportive services or waiver personal care services hours, and shall not impact a recipient’s authorized monthly hours, or the maximum number of hours allowed under Section 12303.4 and subdivision (g) of Section 14132.95. (3) If a recipient has two or more regular providers, on each occasion a recipient has a need for backup supportive services as specified in this section, an exception from an applicable provider workweek limitation set forth in this article may be authorized for one of the regular providers, as authorized pursuant to subparagraph (C) of paragraph (1) of subdivision (b) of Section 12301.1, in lieu of finding a backup provider. (d) The requirements established pursuant to this section shall not restrict or interfere with the right of a recipient to hire, terminate, and supervise their backup provider. If a recipient chooses not to use, or terminates, the backup provider referred to them by the county or public authority, it becomes the responsibility of the recipient to find and hire their own backup provider. (e) To be eligible to provide authorized backup in-home supportive services or waiver personal care services and receive payment as a backup provider pursuant to this section, a backup provider shall meet all of the following requirements: (1) The person shall not have been convicted of an offense specified in Section 12305.81 or 12305.87 within the past 10 years. (2) The person shall have met all requirements of provider enrollment, as specified in Section 12301.24 and subdivision (a) of Section 12305.81. (3) The person shall be enrolled as a provider through the county or public authority and meet all applicable local requirements to provide emergency backup care. (f) Subject to an appropriation in the annual Budget Act, backup providers shall be paid a wage that is two dollars ($2) above the current county or public authority locally negotiated wage rate for a provider of in-home supportive services and waiver personal care services. (g) The backup provider system shall be operated, at a minimum, by the county or public authority during normal county or public authority operating hours Monday through Friday, excluding holidays. (h) In operating the backup provider system, counties and public authorities shall only be responsible for the following: (1) Recruiting, enrolling, and making reasonable efforts to identify and recruit available providers, to the extent possible. (2) Responding to recipient requests for backup care. (3) Referring recipients to one or more backup providers, if available and if consistent with the recipient’s preferences and needs. This section does not require a county or public authority to ensure the provision of backup services in the event the county or the public authority is unable to locate an available provider for referral. (4) Entering information as required under this section in the Case Management Information and Payrolling System for purposes of tracking and payments to providers. (i) Counties, public authorities, and the state shall be immune from liability resulting from a backup provider’s untimely response to a request for provider backup services, subject to applicable legal limits, including federal and state protections against discrimination. (j) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through all-county letters or similar instructions until regulations are adopted. The all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations. (2) The state shall seek any federal approvals it deems necessary to implement this section. This section shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation under the Medi-Cal program is available and is not otherwise jeopardized. (Added by Stats. 2022, Ch. 50, Sec. 58. (SB 187) Effective June 30, 2022.)
  63. 12301.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    This section states the Legislature’s intent for in-home supportive services and sets a deadline for notifying each county of its allocation and projected caseload.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 (commencing with Section 12250) of this chapter. The Legislature further intends that necessary in-home supportive services shall be provided in a uniform manner in every county based on individual need consistent with this chapter and, for the 1992–93 fiscal year the appropriation provided for those services in the Budget Act, in the absence of alternative in-home supportive services provided by an able and willing individual or local agency at no cost to the recipient, except as required under Section 12304.5. An able spouse who is available to assist the recipient shall be deemed willing to provide at no cost any services under this article except nonmedical personal services and paramedical services. When a spouse leaves full-time employment or is prevented from obtaining full-time employment because no other suitable provider is available and where the inability of the provider to provide supportive services may result in inappropriate placement or inadequate care, the spouse shall also be paid for accompaniment when needed during necessary travel to health-related appointments and protective supervision. (b) Each county shall be notified of its allocation and projected caseload by July 31 of each fiscal year, or 30 days after the enactment of the Budget Act, whichever occurs later. (c) This section shall remain operative until July 1, 1993, and on and after that date, shall remain inoperative until July 1, 1994, at which date, this section shall become operative. (Amended (as amended by Stats. 1992, Ch. 722, Sec. 50.5) by Stats. 1993, Ch. 64, Sec. 48. Effective June 30, 1993. Note: This section, by its provisions in subd. (c), was inoperative from July 1, 1993, until July 1, 1994, during temporary operation of the related version as amended by Stats. 1993, Ch. 64, Sec. 47.)
  64. 12301.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The department must adopt regulations for in-home supportive services, and county welfare departments must assess recipients’ needs at least once every 12 months.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 these regulations is subject to the provisions of Section 12301 and county plans developed pursuant to Section 12302. (b) (1) The county welfare department shall assess each recipient’s continuing monthly need for in-home supportive services at varying intervals as necessary, but at least once every 12 months. The results of this assessment of monthly need for hours of in-home supportive services shall be divided by 4.33, to establish a recipient’s weekly authorized number of hours of in-home supportive services, subject to any of the following, as applicable: (A) Within the limit of the assessed monthly need for hours of in-home supportive services, a county welfare department may adjust the authorized weekly hours of a recipient for any particular week for known recurring or periodic needs of the recipient. (B) Within the limit of the assessed monthly need for hours of in-home supportive services, a county welfare department may temporarily adjust the authorized weekly hours of a recipient at the request of the recipient, to accommodate unexpected extraordinary circumstances, including, but not limited to, a situation arising out of a natural disaster. (C) In addition to the flexibility provided to a recipient pursuant to subparagraph (C) of paragraph (4) of subdivision (b) of Section 12300.4, a recipient may request the county welfare department to adjust his or her weekly authorized hours of services to exceed 40 hours of weekly authorized hours of services per week, within his or her total monthly authorized hours of services. A request for adjustment may be made retroactive to the hours actually worked. The county welfare department shall not unreasonably withhold approval of a recipient request made pursuant to this subparagraph. (2) For purposes of subparagraph (C) of paragraph (1), and prior to its implementation, the State Department of Social Services shall develop a process for requests made pursuant to that subparagraph. The process shall include all of the following: (A) The procedure, standards, and timeline for making a request to adjust the authorized weekly hours of service for a recipient described in this section. (B) The language to be used for notices about the process. (C) Provisions for adjustments to authorization, and for authorization after services have been provided, when the criteria for approval have been met. (D) A requirement that the opportunity for a revision to the limitations of this section shall be discussed at each annual reassessment, and also may be authorized by the county welfare department outside of the reassessment process. (3) Recipients shall be timely informed of their total monthly and weekly authorized hours. (4) The weekly authorization of services defined in this section shall be used solely for the purposes of ensuring compliance with the federal Fair Labor Standards Act and its implementing regulations. (5) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this subdivision by means of all-county letters, or similar instructions, without taking any regulatory action. (c) (1) Notwithstanding subdivision (b), at the county’s option, assessments may be extended, on a case-by-case basis, for up to six months beyond the regular 12-month period, provided that the county documents that all of the following conditions exist: (A) The recipient has had at least one reassessment since the initial program intake assessment. (B) The recipient’s living arrangement has not changed since the last annual reassessment and the recipient lives with others, or has regular meaningful contact with persons other than his or her service provider. (C) The recipient or, if the recipient is a minor, his or her parent or legal guardian, or if incompetent, his or her conservator, is able to satisfactorily direct the recipient’s care. (D) There has not been a known change in the recipient’s supportive service needs within the previous 24 months. (E) A report has not been made to, and there has been no involvement of, an adult protective services agency or agencies since the county last assessed the recipient. (F) The recipient has not had a change in provider or providers for at least six months. (G) The recipient has not reported a change in his or her need for supportive services that requires a reassessment. (H) The recipient has not been hospitalized within the last three months. (2) If some, but not all, of the conditions specified in paragraph (1) are met, the county may consider other factors in determining whether an extended assessment interval is appropriate, including, but not limited to, involvement in the recipient’s care of a social worker, case manager, or other similar representative from another human services agency, such as a regional center or county mental health program, or communications, or other instructions from a physician or other licensed health care professional that the recipient’s medical condition is unlikely to change. (3) A county may reassess a recipient’s need for services at a time interval of less than 12 months from a recipient’s initial intake or last assessment if the county social worker has information indicating that the recipient’s need for services is expected to decrease in less than 12 months. (d) A county shall assess a recipient’s need for supportive services any time that the recipient notifies the county of a need to adjust the supportive services hours authorized, or if there are other indications or expectations of a change in circumstances affecting the recipient’s need for supportive services. (e) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, until emergency regulations are filed with the Secretary of State, the department may implement this section through all-county letters or similar instructions from the director. The department shall adopt emergency regulations implementing this section no later than September 30, 2005, unless notification of a delay is made to the Chair of the Joint Legislative Budget Committee prior to that date. The notification shall include the reason for the delay, the current status of the emergency regulations, a date by which the emergency regulations shall be adopted, and a statement of need to continue use of all-county letters or similar instructions. The adoption of emergency regulations shall not be delayed, or the use of all-county letters or similar instructions be extended, beyond June 30, 2006. (2) The adoption of regulations implementing this section shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. The emergency regulations authorized by this section are exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days by which time final regulations shall be adopted. The department shall seek input from the entities listed in Section 12305.72 when developing all-county letters or similar instructions and the regulations. (Amended by Stats. 2018, Ch. 789, Sec. 4. (SB 1040) Effective January 1, 2019.)
  65. 12301.15.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    An in-home supportive services application must include notice to the recipient about provider notice of authorized services and allotted service hours, and it must also give recipients the Medi-Cal fraud reporting hotline and website.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 be given written notice of the recipient’s authorized services and full number of services hours allotted to the recipient. The application shall inform recipients of the Medi-Cal toll-free telephone fraud hotline and Internet Web site for reporting suspected fraud or abuse in the provision or receipt of supportive services. (Added by Stats. 2009, 4th Ex. Sess., Ch. 17, Sec. 1. (AB 19 4x) Effective October 23, 2009.)
  66. 12301.16.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    When someone applies for in-home supportive services, the county must give the applicant a confirmation number.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 applicant filed an application for in-home supportive services. The county may use the case number as the confirmation number. (Added by Stats. 2016, Ch. 402, Sec. 1. (AB 1797) Effective January 1, 2017.)
  67. 12301.17.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    County human services agencies must accept benefit applications by phone, fax, or in person, and may also accept online, email, or other electronic applications if they are capable of doing so.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 capable of accepting online applications or applications via email for benefits under this article, by email or other electronic means. (Added by Stats. 2017, Ch. 146, Sec. 1. (AB 1021) Effective January 1, 2018.)
  68. 12301.18.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    A county welfare department may use electrical-corporation materials to tell applicants or recipients about possible energy allowances and utility notification registration, and the department must issue a county-wide information notice within 180 days.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 benefits under this article that the applicant or recipient may be eligible to receive the additional higher energy allowance described in subdivision (c) of Section 739 of the Public Utilities Code and that they may also be eligible to register with their electrical corporation to receive any advanced notifications that are provided by a public utility when the public utility plans to deenergize portions of the electrical distribution system or in an emergency. (b) For purposes of this section, “materials” means information that is on an internet website or printed, or both. (c) Within 180 days of the enactment of this section, the department shall issue an all-county information notice informing counties of the enactment of this section and the importance of the dissemination of the information set forth in subdivision (a) to applicants for benefits under this article. (Added by Stats. 2020, Ch. 304, Sec. 1. (SB 596) Effective January 1, 2021.)
  69. 12301.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The department must create statewide hourly task guidelines for counties, and counties must use them when assessing supportive service needs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 instructions to provide counties with a standard tool for consistently and accurately assessing service needs and authorizing service hours to meet those needs. (2) The guidelines shall specify a range of time normally required for each supportive service task necessary to ensure the health, safety, and independence of the recipient. The guidelines shall also provide criteria to assist county workers to determine when an individual’s service need falls outside the range of time provided in the guidelines. (3) In establishing the guidelines the department shall consider, among other factors, adherence to universal precautions, existing utilization patterns and outcomes associated with different levels of utilization, and the need to avoid cost shifting to other government program services. During the development of the guidelines the department may seek advice from health professionals such as public health nurses or physical or occupational therapists. (b) A county shall use the statewide hourly task guidelines when conducting an individual assessment or reassessment of an individual’s need for supportive services. (c) Subject to the limits imposed by Section 12303.4, counties shall approve an amount of time different from the guideline amount whenever the individual assessment indicates that the recipient’s needs require an amount of time that is outside the range provided for in the guidelines. Whenever task times outside the range provided in the guidelines are authorized the county shall document the need for the authorized service level. (d) The department shall adopt regulations to implement this section by June 30, 2006. The department shall seek input from the entities listed in Section 12305.72 when developing the regulations. (Repealed and added by Stats. 2004, Ch. 229, Sec. 43. Effective August 16, 2004.)
  70. 12301.21.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The department must create a statewide standard form for medical certification of protective supervision needs, and counties must use and document certifications when assessing or reassessing cases.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 on which to obtain certification by a physician or other appropriate medical professional as determined by the department of a person’s need for protective supervision. (b) At the time of an initial assessment at which a recipient’s potential need for protective supervision has been identified, the county shall request that a person requesting protective supervision submit the certification to the county. The county shall use the certification in conjunction with other pertinent information to assess the person’s need for protective supervision. The certification submitted by the person shall be considered as one indicator of the need for protective supervision, but shall not be determinative. In the event that the person fails to submit the certification, the county shall make its determination of need based upon other available evidence. (c) At the time of reassessment of a person receiving authorized protective supervision, the county shall determine the need to obtain a new certification. The county may request another certification from a recipient if determined necessary. The county shall document the basis for its determination in the recipient’s case file. (d) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, until emergency regulations are filed with the Secretary of State, the department may implement this section through all-county letters or similar instructions from the director. The department shall adopt emergency regulations implementing this chapter no later than September 30, 2005, unless notification of a delay is made to the Chair of the Joint Legislative Budget Committee prior to that date. The notification shall include the reason for the delay, the current status of the emergency regulations, a date by which the emergency regulations shall be adopted, and a statement of need to continue use of all-county letters or similar instructions. Under no circumstances shall the adoption of emergency regulations be delayed, or the use of all-county letters or similar instructions be extended, beyond June 30, 2006. (2) The adoption of regulations implementing this section shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. The emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days by which time final regulations shall be promulgated. The department shall seek input from the entities listed in Section 12305.72 when developing all-county letters or similar instructions and the regulations. (Added by Stats. 2004, Ch. 229, Sec. 44. Effective August 16, 2004.)
  71. 12301.22.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The department must develop a process that ensures IHSS providers receive approved duty lists and a complete list of supportive service tasks.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 provider of services under this article receives a list specifying the approved duties to be performed for each recipient under the provider’s care and a complete list of supportive service tasks available under the IHSS program. (Added by Stats. 2009, 4th Ex. Sess., Ch. 17, Sec. 2. (AB 19 4x) Effective October 23, 2009.)
  72. 12301.24.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Prospective IHSS providers must complete an in-person orientation at enrollment and sign required statements before enrollment is completed.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 counties, which shall include, but is not limited to, all of the following: (1) The requirements to be an eligible IHSS provider. (2) A description of the IHSS program. (3) The rules, regulations, and provider-related processes and procedures, including timesheets. (4) The consequences of committing fraud in the IHSS program. (5) The Medi-Cal toll-free telephone fraud hotline and internet website for reporting suspected fraud or abuse in the provision or receipt of supportive services. (6) The applicable federal and state requirements regarding minimum wage and overtime pay, including paid travel time and wait time, and the requirements of Section 12300.4. (b) In order to complete provider enrollment, at the conclusion of the provider orientation, all applicants shall sign a statement specifying that the provider agrees to all of the following: (1) The prospective provider will provide to a recipient the authorized services. (2) The prospective provider has received a demonstration of, and understands, timesheet requirements, including content, signature, and fingerprinting, when implemented. (3) The prospective provider shall cooperate with state or county staff to provide any information necessary for assessment or evaluation of a case. (4) The prospective provider understands and agrees to program expectations and is aware of the measures that the state or county may take to enforce program integrity. (5) The prospective provider has attended the provider orientation and understands that failure to comply with program rules and requirements may result in the provider being terminated from providing services through the IHSS program. (c) The county shall indefinitely retain this statement in the provider’s file. Refusal of the provider to sign the statement described in subdivision (b) shall result in the provider being ineligible to receive payment for the provision of services and participate as a provider in the IHSS program. (d) All of the following shall apply to the provider orientation described in subdivision (a): (1) (A) The orientation shall be an onsite orientation that all prospective providers shall attend in person. (B) (i) If the state or local public health agency issues an order limiting the size of gatherings, a county may hold a series of smaller in-person orientations that meet the same criteria specified in this section. A county is not required to hold an orientation in which prospective providers attend in person if the state or local health agency issues an order that prevents the in-person orientation from occurring. (ii) If an orientation is not required to be held in person pursuant to clause (i), the county shall hold an orientation that is in person within 30 calendar days of the date that the public health order restrictions are lifted. Counties or IHSS public authorities may provide a written attestation to the recognized employee organization if public health conditions cause staffing or facility challenges that cause delays, and such an attestation will result in a one-time extension of 15 calendar days for the return to in-person orientations. (C) The requirement for the orientation to be held in person and prospective providers to attend the orientation in person shall not apply if parties to a collective bargaining agreement expressly agree to waive that requirement and have a negotiated alternative method for the provision of the orientation. (2) Prospective providers may attend the onsite orientation only after completing the application for the IHSS provider enrollment process described in subdivision (a) of Section 12305.81. (3) Any oral presentation and written materials presented at the orientation shall be translated into all IHSS threshold languages in the county. (4) (A) Representatives of the recognized employee organization in the county shall be permitted to make a presentation of up to 30 minutes at the beginning of the orientation. Prior to implementing the orientation requirements set forth in this subdivision, counties shall provide at least the level of access to, and the ability to make presentations at, provider orientations that they allowed the recognized employee organization in the county as of September 1, 2014. Counties shall not discourage prospective providers from attending, participating, or listening to the orientation presentation of the recognized employee organization. Prospective providers may, by their own accord, choose not to participate in the recognized employee organization presentation. (B) Prior to scheduling a provider orientation, the county shall provide the recognized employee organization in the county with not less than 10 days advance notice of the planned date, time, and location of the orientation. If, within 3 business days of receiving that notice, the recognized employee organization notifies the county of its unavailability for the planned orientation, the county shall make reasonable efforts to schedule the orientation so the recognized employee organization can attend, so long as rescheduling the orientation does not delay provider enrollment by more than 10 business days. The requirement to make reasonable efforts to reschedule may be waived, as necessary, due to a natural disaster or other declared state of emergency, or by mutual agreement between the county and the recognized employee organization. (C) Prior to the orientation, the recognized employee organization shall be provided with the information described in subdivision (b) of Section 7926.300 of the Government Code for prospective providers. (e) To the extent that the orientation is modified from an onsite and in-person orientation, as required by paragraph (1) of subdivision (d), the recognized employee organization in the county shall be provided with the same right to make a presentation, the same advance notice of scheduling, and the same information regarding the applicants, providers, or prospective providers who will attend the orientation, as the organization would receive for an onsite orientation. (f) A claim may be brought before the Public Employment Relations Board for an alleged violation of Section 3550 of the Government Code if the county has not complied with the requirements of this section within 30 days of being notified by the recognized employee organization. (g) This section shall become operative on January 1, 2023. (Repealed (in Sec. 59) and amended (as amended by Stats. 2021, Ch. 615, Sec. 438) by Stats. 2022, Ch. 50, Sec. 60. (SB 187) Effective June 30, 2022. Operative January 1, 2023, by its own provisions.)
  73. 12301.25.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Provider timesheets for these services must include a signed certification that the information is true and correct, and a warning that false information can lead to civil penalties.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 both of the following: (1) A certification to be signed by the provider and recipient, verifying that the information provided in the timesheet is true and correct. (2) A statement that the provider or recipient may be subject to civil penalties if the information provided is found not to be true and correct. (b) A person who is convicted of fraud, as defined in subdivision (a) of Section 12305.8, resulting from intentional deception or misrepresentation in the provision of timesheet information under this section shall, in addition to any criminal penalties imposed, be subject to a civil penalty of at least five hundred dollars ($500), but not to exceed one thousand dollars ($1,000), for each violation. (Amended by Stats. 2011, Ch. 649, Sec. 1. (SB 930) Effective January 1, 2012.)
  74. 12301.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Counties may create an in-home supportive services advisory committee, but if they do, the committee’s size and membership mix must meet set rules, and the county board must use a fair public process before appointments.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 of the membership of the advisory committee shall be individuals who are current or past users of personal assistance services paid for through public or private funds or as recipients of services under this article. (1) (A) In counties with fewer than 500 recipients of services provided pursuant to this article or Section 14132.95, at least one member of the advisory committee shall be a current or former provider of in-home supportive services. (B) In counties with 500 or more recipients of services provided pursuant to this article or Section 14132.95, at least two members of the advisory committee shall be a current or former provider of in-home supportive services. (2) Individuals who represent organizations that advocate for people with disabilities or seniors may be appointed to committees under this section. (3) Individuals from community-based organizations that advocate on behalf of home care employees may be appointed to committees under this section. (4) A county board of supervisors shall not appoint more than one county employee as a member of the advisory committee, but may designate any county employee to provide ongoing advice and support to the advisory committee. (b) Prior to the appointment of members to a committee authorized by subdivision (a), the county board of supervisors shall solicit recommendations for qualified members through a fair and open process that includes the provision of reasonable written notice to, and reasonable response time by, members of the general public and interested persons and organizations. (c) The advisory committee shall submit recommendations to the county board of supervisors on the preferred mode or modes of service to be utilized in the county for in-home supportive services. (d) Any county that has established a governing body, as provided in subdivision (b) of Section 12301.6, prior to July 1, 2000, shall not be required to comply with the composition requirements of subdivision (a) and shall be deemed to be in compliance with this section. (Amended by Stats. 2011, Ch. 8, Sec. 32. (SB 72) Effective March 24, 2011.)
  75. 12301.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Advisory committees must provide ongoing advice and recommendations on in-home supportive services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 supervisors, any administrative body in the county that is related to the delivery and administration of in-home supportive services, and the governing body and administrative agency of the public authority, nonprofit consortium, contractor, and public employees. (Amended by Stats. 2011, Ch. 8, Sec. 33. (SB 72) Effective March 24, 2011.)
  76. 12301.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The department may, where feasible, secure in-home supportive and other health services for eligible persons under this article.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 entitled under the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of this part). (Amended by Stats. 1977, Ch. 1252.)
  77. 12301.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    A county board of supervisors may choose to contract with a nonprofit consortium or create a public authority to deliver in-home supportive services, but any created entity and related service providers must follow the section’s requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 to provide for the delivery of in-home supportive services. (2) Establish, by ordinance, a public authority to provide for the delivery of in-home supportive services. (b) (1) To the extent that a county elects to establish a public authority pursuant to paragraph (2) of subdivision (a), the enabling ordinance shall specify the membership of the governing body of the public authority, the qualifications for individual members, the manner of appointment, selection, or removal of members, how long they shall serve, and other matters as the board of supervisors deems necessary for the operation of the public authority. (2) A public authority established pursuant to paragraph (2) of subdivision (a) shall be both of the following: (A) An entity separate from the county, and shall be required to file the statement required by Section 53051 of the Government Code. (B) A corporate public body, exercising public and essential governmental functions and that has all powers necessary or convenient to carry out the delivery of in-home supportive services, including the power to contract for services pursuant to Sections 12302 and 12302.1 and that makes or provides for direct payment to a provider chosen by the recipient for the purchase of services pursuant to Sections 12302 and 12302.2. Employees of the public authority shall not be employees of the county for any purpose. (3) (A) As an alternative, the enabling ordinance may designate the board of supervisors as the governing body of the public authority. (B) Any enabling ordinance that designates the board of supervisors as the governing body of the public authority shall also specify that no fewer than 50 percent of the membership of the advisory committee shall be individuals who are current or past users of personal assistance services paid for through public or private funds or recipients of services under this article. (C) If the enabling ordinance designates the board of supervisors as the governing body of the public authority, it shall also require the appointment of an advisory committee of not more than 11 individuals who shall be designated in accordance with subparagraph (B). (D) Prior to making designations of committee members pursuant to subparagraph (C), or governing body members in accordance with paragraph (4), the board of supervisors shall solicit recommendations of qualified members of either the governing body of the public authority or of any advisory committee through a fair and open process that includes the provision of reasonable written notice to, and a reasonable response time by, members of the general public and interested persons and organizations. (4) If the enabling ordinance does not designate the board of supervisors as the governing body of the public authority, the enabling ordinance shall require the membership of the governing body to meet the requirements of subparagraph (B) of paragraph (3). (c) (1) Any public authority created pursuant to this section shall be deemed to be the employer of in-home supportive services personnel referred to recipients under paragraph (3) of subdivision (e) within the meaning of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code. Recipients shall retain the right to hire, fire, and supervise the work of any in-home supportive services personnel providing services to them. (2) (A) Any nonprofit consortium contracting with a county pursuant to this section shall be deemed to be the employer of in-home supportive services personnel referred to recipients pursuant to paragraph (3) of subdivision (e) for the purposes of collective bargaining over wages, hours, and other terms and conditions of employment. (B) Recipients shall retain the right to hire, fire, and supervise the work of any in-home supportive services personnel providing services for them. (d) A public authority established pursuant to this section or a nonprofit consortium contracting with a county pursuant to this section, when providing for the delivery of services under this article by contract in accordance with Sections 12302 and 12302.1, by direct payment to a provider chosen by a recipient in accordance with Sections 12302 and 12302.2, or by way of a provider of waiver personal care services provided pursuant to Section 14132.97, shall comply with and be subject to, all statutory and regulatory provisions applicable to the respective delivery mode. (e) Any nonprofit consortium contracting with a county pursuant to this section or any public authority established pursuant to this section shall provide for all of the following functions under this article, but shall not be limited to those functions: (1) The provision of assistance to recipients in finding in-home supportive services personnel or waiver personal care services authorized pursuant to Section 14132.97 through the establishment of a registry. (2) (A) (i) The investigation of the qualifications and background of potential personnel. Upon the effective date of the amendments to this section made during the 2009–10 Fourth Extraordinary Session of the Legislature, the investigation with respect to any provider in the registry or prospective registry applicant shall include criminal background checks requested by the nonprofit consortium or public authority and conducted by the Department of Justice pursuant to Section 15660, for those public authorities or nonprofit consortia using the agencies on the effective date of the amendments to this section made during the 2009–10 Fourth Extraordinary Session of the Legislature. Criminal background checks shall be performed no later than July 1, 2010, for any provider who is already on the registry on the effective date of amendments to this section made during the 2009–10 Fourth Extraordinary Session of the Legislature, for whom a criminal background check pursuant to this section has not previously been provided, as a condition of the provider’s continued enrollment in the IHSS program or the program authorizing waiver personal care services pursuant to Section 14132.97. Criminal background checks shall be conducted at the provider’s expense. (ii) Upon notice from the Department of Justice notifying the public authority or nonprofit consortium that the prospective registry applicant has been convicted of a criminal offense specified in Section 12305.81, the public authority or nonprofit consortium shall deny the request to be placed on the registry for providing supportive services to any recipient of in-home supportive services or waiver personal care services authorized pursuant to Section 14132.97. (iii) Commencing 90 days after the effective date of the act that adds Section 12305.87, and upon notice from the Department of Justice that an applicant who is subject to the provisions of that section has been convicted of, or incarcerated following conviction for, an offense described in subdivision (b) of that section, the public authority or nonprofit consortium shall deny the applicant’s request to become a provider of supportive services to any recipient of in-home supportive services or waiver personal care services, subject to the individual waiver and exception processes described in that section. An applicant who is denied on the basis of Section 12305.87 shall be informed by the public authority or nonprofit consortium of the individual waiver and exception processes described in that section. (B) (i) Notwithstanding any other law, the public authority or nonprofit consortium shall provide an individual with a copy of his or her state-level criminal offender record information search response as provided to the entity by the Department of Justice if the individual has been denied placement on the registry for providing supportive services to any recipient of the In-Home Supportive Services program or waiver personal care services based on this information. The copy of the state-level criminal offender record information search response shall be included with the individual’s notice of denial. Along with the notice of denial, the public authority or public consortium shall also provide information in plain language on how an individual may contest the accuracy and completeness of, and refute any erroneous or inaccurate information in, his or her state-level criminal offender record information search response as provided by the Department of Justice as authorized by Section 11126 of the Penal Code. The state-level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice. (ii) The department shall develop a written appeal process for the current and prospective providers who are determined ineligible to receive payment for the provision of services in the In-Home Supportive Services program or waiver personal care services. Notwithstanding any other law, the public authority or nonprofit consortium shall provide the department with a copy of the state-level criminal offender record information search response as provided to the entity by the Department of Justice for any individual who has requested an appeal of a denial of placement on the registry for providing supportive services to any recipient of in-home supportive services or waiver personal care services based on clause (ii) or (iii) of subparagraph (A). The state-level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice and shall be provided to the address specified by the department in its written request. (C) This paragraph does not prohibit the Department of Justice from assessing a fee pursuant to Section 11105 or 11123 of the Penal Code to cover the cost of furnishing summary criminal history information. (D) As used in this section, “nonprofit consortium” means a nonprofit public benefit corporation that has all powers necessary to carry out the delivery of in-home supportive services or waiver personal care services under the delegated authority of a government entity. (E) A nonprofit consortium or a public authority authorized to secure a criminal background check clearance pursuant to this section shall accept a clearance for an applicant described in clause (i) of subparagraph (A) who has been deemed eligible by another nonprofit consortium, public authority, or county with criminal background check authority pursuant to either Section 12305.86 or this section, to receive payment for providing services pursuant to this article. Existence of a clearance shall be determined by verification through the case management, information, and payrolling system, that another county, nonprofit consortium, or public authority with criminal background check authority pursuant to Section 12305.86 or this section has deemed the current or prospective provider to be eligible to receive payment for providing services pursuant to this article. (3) Establishment of a referral system under which in-home supportive services personnel or waiver personal care services personnel shall be referred to recipients. (4) Providing for training for providers and recipients. (5) (A) Performing any other functions related to the delivery of in-home supportive services or waiver personal care services. (B) (i) Upon request of a recipient of in-home supportive services pursuant to this chapter, or a recipient of personal care services under the Medi-Cal program pursuant to Section 14132.95, a public authority or nonprofit consortium may provide a criminal background check on a nonregistry applicant or provider from the Department of Justice, in accordance with clause (i) of subparagraph (A) of paragraph (2) of subdivision (e). If the person who is the subject of the criminal background check is not hired or is terminated because of the information contained in the criminal background report, the provisions of subparagraph (B) of paragraph (2) of subdivision (e) shall apply. (ii) A recipient of in-home supportive services pursuant to this chapter or a recipient of personal care services under the Medi-Cal program may elect to employ an individual as their service provider notwithstanding the individual’s record of previous criminal convictions, unless those convictions include any of the offenses specified in Section 12305.81. (6) Ensuring 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. (f) (1) Any nonprofit consortium contracting with a county pursuant to this section or any public authority created pursuant to this section shall be deemed not to be the employer of in-home supportive services personnel or waiver personal care services personnel referred to recipients under this section for purposes of liability due to the negligence or intentional torts of the in-home supportive services personnel or waiver personal care services personnel. (2) A nonprofit consortium contracting with a county pursuant to this section or any public authority created pursuant to this section is not liable for the action or omission of any in-home supportive services personnel or waiver personal care services personnel whom the nonprofit consortium or public authority did not list on its registry or otherwise refer to a recipient. (3) Counties and the state shall be immune from any liability resulting from their implementation of this section in the administration of the In-Home Supportive Services program or in the administration of waiver personal care services authorized under Section 14132.97. Any obligation of the public authority or consortium pursuant to this section, whether statutory, contractual, or otherwise, shall be the obligation solely of the public authority or nonprofit consortium, and shall not be the obligation of the county or state. (g) Any nonprofit consortium contracting with a county pursuant to this section shall ensure that it has a governing body that complies with the requirements of subparagraph (B) of paragraph (3) of subdivision (b) or an advisory committee that complies with subparagraphs (B) and (C) of paragraph (3) of subdivision (b). (h) Recipients of services under this section may elect to receive services from in-home supportive services personnel or waiver personal care services personnel who are not referred to them by the public authority or nonprofit consortium. Those personnel shall be referred to the public authority or nonprofit consortium for the purposes of wages, benefits, and other terms and conditions of employment. (i) (1) This section does not affect the state’s responsibility with respect to the state payroll system, unemployment insurance, or workers’ compensation and other provisions of Section 12302.2 for providers of in-home supportive services or for individuals who are employed by a recipient of waiver personal care services authorized under Section 14132.97. (2) The Controller shall make any deductions from the wages of in-home supportive services personnel or waiver personal care services personnel, who are employees of a public authority pursuant to paragraph (1) of subdivision (c), that are agreed to by that public authority in collective bargaining with the designated representative of the in-home supportive services personnel or waiver personal care services personnel pursuant to Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code and transfer the deducted funds as directed in that agreement. (3) Any county that elects to provide in-home supportive services pursuant to this section shall be responsible for any increased costs to the in-home supportive services case management, information, and payrolling system attributable to that election. The department shall collaborate with any county that elects to provide in-home supportive services pursuant to this section prior to implementing the amount of financial obligation for which the county shall be responsible. (j) To the extent permitted by federal law, personal care option funds, obtained pursuant to Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code, along with matching funds using the state and county sharing ratio established in subdivision (c) of Section 12306, or any other funds that are obtained pursuant to Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code, may be used to establish and operate an entity authorized by this section. (k) Notwithstanding any other law, the county, in exercising its option to establish a public authority, shall not be subject to competitive bidding requirements. However, contracts entered into by either the county, a public authority, or a nonprofit consortium pursuant to this section shall be subject to competitive bidding as otherwise required by law. (l) (1) The department may adopt regulations implementing this section as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purposes of the Administrative Procedure Act, the adoption of the regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, these emergency regulations shall not be subject to the review and approval of the Office of Administrative Law. (2) Notwithstanding subdivision (h) of Section 11346.1 and Section 11349.6 of the Government Code, the department shall transmit these regulations directly to the Secretary of State for filing. The regulations shall become effective immediately upon filing by the Secretary of State. (3) Except as otherwise provided for by Section 10554, the Office of Administrative Law shall provide for the printing and publication of these regulations in the California Code of Regulations. Emergency regulations adopted pursuant to this subdivision shall remain in effect for no more than 180 days. (m) (1) If a county elects to form a nonprofit consortium or public authority pursuant to subdivision (a) before the State Department of Health Care Services has obtained all necessary federal approvals pursuant to paragraph (3) of subdivision (j) of Section 14132.95, all of the following shall apply: (A) Subdivision (d) shall apply only to those matters that do not require federal approval. (B) The second sentence of subdivision (h) shall not be operative. (C) The nonprofit consortium or public authority shall not provide services other than those specified in paragraphs (1), (2), (3), (4), and (5) of subdivision (e). (2) Paragraph (1) shall become inoperative when the State Department of Health Care Services has obtained all necessary federal approvals pursuant to paragraph (3) of subdivision (j) of Section 14132.95. (n) (1) One year after the effective date of the first approval by the department granted to the first public authority, the Bureau of State Audits shall commission a study to review the performance of that public authority. (2) The study shall be submitted to the Legislature and the Governor not later than two years after the effective date of the approval specified in subdivision (a). The study shall give special attention to the health and welfare of the recipients under the public authority, including the degree to which all required services have been delivered, out-of-home placement rates, prompt response to recipient complaints, and any other issue the director deems relevant. (3) The report shall make recommendations to the Legislature and the Governor for any changes to this section that will further ensure the well-being of recipients and the most efficient delivery of required services. (o) Commencing July 1, 1997, the department shall provide annual reports to the appropriate fiscal and policy committees of the Legislature on the efficacy of the implementation of this section, and shall include an assessment of the quality of care provided pursuant to this section. (p) (1) Notwithstanding any other law, and except as provided in paragraph (2), the department shall, no later than January 1, 2009, implement subparagraphs (A) and (B) through an all-county letter from the director: (A) Subparagraphs (A) and (B) of paragraph (2) of subdivision (e). (B) Subparagraph (B) of paragraph (5) of subdivision (e). (2) The department shall, no later than July 1, 2009, adopt regulations to implement subparagraphs (A) and (B) of paragraph (1). (q) The amendments made to paragraphs (2) and (5) of subdivision (e) made by the act that added this subdivision during the 2007–08 Regular Session of the Legislature shall be implemented only to the extent that an appropriation is made in the annual Budget Act or other statute, except for the amendments that added subparagraph (D) of paragraph (2) of subdivision (e), which shall go into effect January 1, 2009. (Amended by Stats. 2018, Ch. 35, Sec. 32. (AB 1811) Effective June 27, 2018.)
  78. 12301.61.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    This section sets a mandatory mediation and factfinding process for certain IHSS bargaining disputes, with deadlines, public hearing steps, and a possible county fund withholding if no agreement is reached.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 the employee organization have not reached an agreement on a bargaining contract with in-home supportive services workers, either party may request mediation, pursuant to Section 3505.2 of the Government Code, which shall be mandatory. If the parties fail to agree on a mediator, the Public Employment Relations Board shall appoint one from the pool described in subdivision (c). The mediation shall be held no more than 15 business days from the date requested by either party. (b) If the parties are unable to effect settlement through mediation, as described in subdivision (a), the parties shall submit their differences to factfinding, pursuant to Sections 3505 and 3505.4 of the Government Code. Alternatively, either party may opt to bypass the mediation process in subdivision (a) and move directly to factfinding. (1) The factfinding panel shall make findings of fact and recommend terms of settlement, which shall be advisory only, within 30 days after the panel is appointed by the Public Employment Relations Board. (2) Within 15 days after the factfinding panel has released its findings of fact and recommended settlement terms, the parties may, by mutual agreement, request postfactfinding mediation consistent with Section 3505.2 of the Government Code. If the parties fail to agree on a mediator, the Public Employment Relations Board shall appoint one from the pool described in subdivision (c). (3) If the parties elect postfactfinding mediation, the findings of fact and recommended settlement terms shall not be made public until the mediation has concluded. If either party declines to elect postfactfinding mediation, the findings of fact and recommended settlement terms shall be made public immediately. (4) Mediation shall be held no more than 15 days from the date requested, and may include, at the mediator’s discretion, the factfinding panel and representatives of both parties. The director, or the director’s designee, shall be available to provide information and expertise, as necessary. (5) The county board of supervisors shall hold a public hearing within 30 days of the factfinding panel’s public release of its findings of fact and recommended settlement terms. (c) The Public Employment Relations Board shall designate a pool of no more than five qualified individuals to serve as mediators or on a factfinding panel. The pool shall consist of individuals with relevant subject matter expertise. The board shall select individuals for the pool in consultation with the department and the affected employers and employee organizations. Priority shall be given to individuals with knowledge of the In-Home Supportive Services program. The board may designate the mediator to serve as the neutral member of the factfinding panel. (d) The costs for the services of the factfinding panel and the mediator shall be equally divided between the parties, and shall include per diem fees, if any, and actual and necessary travel and subsistence expenses. (e) If no individual is available to serve as a mediator or factfinder within the timelines specified in this section, the timelines shall be extended until the next mediator or factfinder is available. (f) A county shall be subject to a withholding of 1991 Realignment funds as described in subdivision (h) pursuant to a schedule developed by the Department of Finance and provided to the Controller if all of the following conditions are met: (1) The parties have completed the process described in subdivisions (a) to (c), inclusive. (2) The factfinding panel has issued findings of fact and recommended settlement terms that are more favorable to the employee organization than those proposed by the employer of record described in subdivision (a). (3) The parties do not reach a collective bargaining agreement within 30 days after the release of the factfinding panel’s recommended settlement terms described in paragraph (2). The parties shall make every good faith effort to reach an alternative mutually accepted agreement within this timeframe. (4) The collective bargaining agreement for IHSS providers in the county has expired. (g) The Public Employment Relations Board shall provide written notification to the county and the employee organization within 15 days of determining that the county is subject to a withholding pursuant to subdivision (f). The board shall also notify the Department of Finance and the State Controller of the withholding assessment. (h) The amount of the 1991 Realignment funding withholding pursuant to subdivision (f) shall be equivalent to 10 percent of the county’s prior fiscal year IHSS Maintenance of Effort requirement, as reported by the department, prior to applying any offsets pursuant to Section 12306.17. This withholding shall continue once per fiscal year, each fiscal year, until the county enters into a collective bargaining agreement with the employee organization. (i) Beginning July 1, 2026, any county that has not reached an agreement after the release of the factfinding panel’s recommended settlement terms released prior to June 30, 2026, shall have 90 days to reach an agreement with the employee organization. If no agreement is reached within 90 days, the withholding described in subdivision (f) shall occur on October 1, 2026. (Amended by Stats. 2026, Ch. 26, Sec. 19. (AB 152) Effective June 29, 2026.)
  79. 12301.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The state and counties must share the annual administrative cost for certain public authorities or nonprofit consortia, except for specified provider wage, benefit, or employer tax increases.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 or employer taxes when negotiated or agreed to by the public authority or nonprofit consortium, shall be shared by the state and the counties as prescribed in Section 12306. (Added by Stats. 1997, Ch. 606, Sec. 27. Effective October 3, 1997.)
  80. 12301.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    A public authority or nonprofit consortium may help obtain a Department of Justice criminal background check for a provider, if requested by an aged or disabled adult or their authorized representative.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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, may assist an employer, as defined in paragraph (2), in obtaining a criminal background check conducted by the Department of Justice, as authorized pursuant to Section 15660, of a provider, as described in paragraph (3). (2) For purposes of this section, an “employer” means an aged or disabled adult, or that individual’s authorized representative, who is ineligible for benefits under this chapter and who receives care by a provider as described in paragraph (3). (3) For purposes of this section, a “provider” means a person who is unlicensed and provides nonmedical domestic or personal care to an aged or disabled adult who is ineligible to receive benefits under this chapter, in the adult’s own home. (b) A public authority or nonprofit consortium may recover the costs of administering this section, including the cost to the Department of Justice for processing the criminal background check, from the individual making the request, as described in subdivision (a). (c) No General Fund moneys shall be used to implement this section. (Added by Stats. 2008, Ch. 2, Sec. 1. Effective January 1, 2009.)
  81. 12302.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Counties must ensure services are provided to all eligible recipients each month under the county plan, and the department must review county plans for compliance.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 order to implement such a plan, an individual county may hire homemakers and other in-home supportive personnel in accordance with established county civil service requirements or merit system requirements for those counties not having civil service, or may contract with a city, county, or city and county agency, a local health district, a voluntary nonprofit agency, a proprietary agency, or an individual or make direct payment to a recipient for the purchase of services. County plans are effective upon submission to the department. In reviewing county plans the department shall assure that plans are in compliance with provisions of this article including compliance with Section 12301. In the event the department finds a county plan is not in compliance it shall take appropriate action to assure compliance. The department shall monitor the actual monthly expenditures where available for services to assure compliance with the county plans. If the county’s expenditure pattern is not consistent with the plan, the department shall require the county to amend the plan. (Amended by Stats. 1987, Ch. 1438, Sec. 3. Operative July 1, 1988, by Sec. 7 of Ch. 1438.)
  82. 12302.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    County contracts under Section 12302 must not exceed three years, and a three-year contract may be renewed once for up to one additional year.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 the end of the first contract term, may renew the contract for a second term not exceeding one year. The rate of reimbursement shall be negotiated consistent with regulations promulgated by the State Department of Social Services. For any extended contract, the rate shall reflect, but is not limited to, the following financial considerations: (1) Actual expenditures by the contractor as documented during the first contract term and approved by the state. (2) Changes in federal, state, or county program requirements. (3) Federal and state minimum wage and contractual step merit increases. (4) Statutory taxes. (5) Insurance costs. (6) Reasonable costs which have been approved by the county department of social services, as long as those costs do not increase unreimbursed county expenditures or lead to a reduction in client services, and those costs can be funded within the maximum allowable rates set by the department for in-home supportive services contracts and the county’s state allocation for in-home supportive services. (7) Other reasonable costs over which the contracting parties have no control. (b) (1) Except as provided in paragraph (2), the purchase of services regulations adopted by the department that govern county welfare departments shall also govern acceptable in-home supportive services contracting, including the methods used to advertise, procure, select, and award the contracts, and the procedures used to amend, renew, or extend an existing contract with the same contractor, including, in addition to rate changes, any other change in other terms of the contract. In no case shall the department’s regulations governing in-home supportive services contracting procedures differ from the contract procedures specified in the department’s purchase of service regulations for other services purchased by county welfare departments, except as required by federal law. (2) The department may, through regulation, require until July 1, 2000, the prior review of all bid and contract documents for managed care contracts under Section 12302.7. (Amended by Stats. 1996, Ch. 206, Sec. 23. Effective July 22, 1996.)
  83. 12302.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    If the state or county makes direct payments for in-home supportive services, the department must handle the recipient’s related employer duties, the controller must make authorized deductions, and the state must fund the program when federal funds are short.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 supportive services, the department shall perform or ensure the performance of all rights, duties, and obligations of the recipient relating to those services as required for purposes of unemployment compensation, unemployment compensation disability benefits, workers’ compensation, retirement savings accounts, including payroll deduction IRA arrangements offered pursuant to the CalSavers Retirement Savings Program (Title 21 (commencing with Section 100000) of the Government Code), federal and state income tax, and federal old-age, survivors, and disability insurance benefits. Those rights, duties, and obligations include, but are not limited to, registration and obtaining employer account numbers, providing information, notices, and reports, making applications and returns, and withholding in trust from the payments made to or on behalf of a recipient amounts to be withheld from the wages of the provider by the recipient as an employer, including the sales tax extended to support services by Article 4 (commencing with Section 6150) of Chapter 2 of Part 1 of Division 2 of the Revenue and Taxation Code, and transmitting those amounts along with amounts required for all contributions, premiums, and taxes payable by the recipient as the employer to the appropriate person or state or federal agency. The department may ensure the performance of any or all of these rights, duties, and obligations by contract with any person, or any public or private agency. (2) Contributions, premiums, and taxes shall be paid or transmitted on the recipient’s behalf as the employer for any period commencing on or after January 1, 1978, except that contributions, premiums, and taxes for federal and state income taxes and federal old-age, survivors, and disability insurance contributions shall be paid or transmitted pursuant to this section commencing with the first full month that begins 90 days after the effective date of this section. (3) Contributions, premiums, and taxes paid or transmitted on the recipient’s behalf for unemployment compensation, workers’ compensation, and the employer’s share of federal old-age, survivors, and disability insurance benefits shall be payable in addition to the maximum monthly amount established pursuant to Section 12303.5 or subdivision (a) of Section 12304 or other amount payable to or on behalf of a recipient. Contributions, premiums, or taxes resulting from liability incurred by the recipient as employer for unemployment compensation, workers’ compensation, and federal old-age, survivors, and disability insurance benefits with respect to any period commencing on or after January 1, 1978, and ending on or before the effective date of this section shall also be payable in addition to the maximum monthly amount established pursuant to Section 12303.5 or subdivision (a) of Section 12304 or other amount payable to or on behalf of the recipient. Nothing in this section shall be construed to permit any interference with the recipient’s right to select the provider of services or to authorize a charge for administrative costs against any amount payable to or on behalf of a recipient. (b) If the state makes or provides for direct payment to a provider chosen by a recipient, the Controller shall make any deductions from the wages of in-home supportive services personnel that are authorized by Sections 1152 and 1153 of the Government Code, as limited by Section 3515.6 of the Government Code, and for the sales tax extended to support services by Article 4 (commencing with Section 6150) of Chapter 2 of Part 1 of Division 2 of the Revenue and Taxation Code. (c) Funding for the costs of administering this section and for contributions, premiums, and taxes paid or transmitted on the recipient’s behalf as an employer pursuant to this section shall qualify, where possible, for the maximum federal reimbursement. To the extent that federal funds are inadequate, notwithstanding Section 12306, the state shall provide funding for the purposes of this section. (Amended by Stats. 2018, Ch. 37, Sec. 62. (AB 1817) Effective June 27, 2018.)
  84. 12302.21.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The department must provide workers’ compensation coverage for certain in-home supportive services employees, and counties with affected contracts must cut the contract hourly rate by $0.50 per hour.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 coverage for employees of nonprofit agencies and proprietary agencies who provide in-home supportive services pursuant to contracts with counties. The workers’ compensation coverage provided for these employees shall be provided on the same terms as provided to providers under Section 12302.2 and 12302.5. (b) A county that has existing contracts with nonprofit agencies or proprietary agencies whose employees will be provided workers’ compensation coverage by the department pursuant to subdivision (a), shall reduce the contract hourly rate by fifty cents ($0.50) per hour, effective on the date that the department implements this section. (Added by Stats. 2003, Ch. 209, Sec. 1. Effective August 11, 2003. This version became inoperative on September 22, 2012, upon operation of the amendment by Stats. 2012, Ch. 439, and resumed operation on June 27, 2017, when Stats. 2017, Ch. 25, repealed that amended version.)
  85. 12302.25.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Counties must act as or establish an employer for IHSS providers, and the department must create an implementation timetable. Recipients keep choice over caregivers, and counties with more than 500 IHSS cases must offer an individual-provider employer option on request.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 purposes of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code and other applicable state or federal laws. Each county may utilize a public authority or nonprofit consortium as authorized under Section 12301.6, the contract mode as authorized under Sections 12302 and 12302.1, county administration of the individual provider mode as authorized under Sections 12302 and 12302.2 for purposes of acting as, or providing, an employer under Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code, county civil service personnel as authorized under Section 12302, or mixed modes of service authorized pursuant to this article and may establish regional agreements in establishing an employer for purposes of this subdivision for providers of in-home supportive services. Within 30 days of the effective date of this section, the department shall develop a timetable for implementation of this subdivision to ensure orderly compliance by counties. Recipients of in-home supportive services shall retain the right to choose the individuals that provide their care and to recruit, select, train, reject, or change any provider under the contract mode or to hire, fire, train, and supervise any provider under any other mode of service. Upon request of a recipient, and in addition to a county’s selected method of establishing an employer for in-home supportive service providers pursuant to this subdivision, counties with an IHSS caseload of more than 500 shall be required to offer an individual provider employer option. (b) Nothing in this section shall prohibit any negotiations or agreement regarding collective bargaining or any wage and benefit enhancements. (c) Nothing in this section shall be construed to affect the state’s responsibility with respect to the state payroll system, unemployment insurance, or workers’ compensation and other provisions of Section 12302.2 for providers of in-home supportive services. (d) Prior to implementing subdivision (a), a county may establish an advisory committee as authorized by Section 12301.3 and solicit recommendations from the advisory committee on the preferred mode or modes of service to be utilized in the county for in-home supportive services. (e) If a county establishes an in-home supportive services advisory committee pursuant to Section 12301.3, the county shall take into account the advice and recommendations of the committee prior to making policy and funding decisions about the program on an ongoing basis. (f) In implementing and administering this section, no county, public authority, nonprofit consortium, contractor, or a combination thereof, that delivers in-home supportive services shall reduce the hours of service for any recipient below the amount determined to be necessary under the uniform assessment guidelines established by the department. (g) Any agreement between a county and an entity acting as an employer under subdivision (a) shall include a provision that requires that funds appropriated by the state for wage increases for in-home supportive services providers be used exclusively for that purpose. Counties or the state may undertake audits of the entities acting as employers under the terms of subdivision (a) to verify compliance with this subdivision. (h) On or before January 15, 2003, each county shall provide the department with documentation that demonstrates compliance with the January 1, 2003, deadline specified in subdivision (a). The documentation shall include, but is not limited to, any of the following: (1) The public authority ordinance and employee relations procedures. (2) The invitations to bid and requests for proposal for contract services for the contract mode. (3) An invitation to bid and request for proposal for the operation of a nonprofit consortium. (4) A county board of supervisors’ resolution resolving that the county has chosen to act as the employer required by subdivision (a) either by utilizing county employees, as authorized by Section 12302, to provide in-home supportive services or through county administration of individual providers. (5) Any combination of the documentation required under paragraphs (1) to (4), inclusive, that reflects the decision of a county to provide mixed modes of service as authorized under subdivision (a). (i) Any county that is unable to provide the documentation required by subdivision (h) by January 15, 2003, may provide, on or before that date, a written notice to the department that does all of the following: (1) Explains the county’s failure to provide the required documentation. (2) Describes the county’s plan for coming into compliance with the requirements of this section. (3) Includes a timetable for the county to come into compliance with this section, but in no case shall the timetable extend beyond March 31, 2003. (j) Any county that fails to provide the documentation required by subdivision (h) and also fails to provide the written notice as allowed under subdivision (i), shall be deemed by operation of law to be the employer of IHSS individual providers for purposes of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code as of January 15, 2003. (k) Any county that provides a written notice as allowed under subdivision (i), but fails to provide the documentation required under subdivision (h) by March 31, 2003, shall be deemed by operation of law to be the employer of IHSS individual providers for purposes of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code as of April 1, 2003. (l) Any county deemed by operation of law, pursuant to subdivision (j) or (k), to be the employer of IHSS individual providers for purposes of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code shall continue to act in that capacity until the county notifies the department that it has established another employer as permitted by this section, and has provided the department with the documentation required under subdivision (h) demonstrating the change. (Amended by Stats. 2011, Ch. 8, Sec. 34. (SB 72) Effective March 24, 2011. This version became inoperative on September 22, 2012, upon operation of the amendment by Stats. 2012, Ch. 439, and resumed operation on June 27, 2017, when Stats. 2017, Ch. 25, repealed that amended version.)
  86. 12302.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    San Francisco may raise wages and use county-only funds for related payroll and reimbursement purposes, but implementation depends on federal-law requirements and state health-services approval.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 and County of San Francisco may do any of the following: (1) Increase the wages of all in-home supportive services providers. (2) Subject to the requirements of federal law, use county-only funds to fund county and state shares to meet federal financial participation requirements necessary to obtain any available personal care services reimbursement under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.) (Medicaid). (3) Provide in-home supportive services workers with any wage increase the city and county may appropriate, as long as this amount is in accordance with the provisions of the Medi-Cal State Plan Amendment 94-006, as approved by the federal Health Care Financing Administration. The county-only funds shall be used exclusively to increase workers’ wages and to pay any proportionate share of employer taxes and current benefits, and to pay for the cost of state and county administration of these activities as provided for in paragraph (5). Notwithstanding Section 12302.1, any wage increase for those workers employed under contract shall be passed through by the contractor to the workers, subject to the limitations specified in this paragraph. The state shall continue to provide payroll functions for all workers who are currently individual providers unless and until the in-home supportive services public authority is operational. (4) Claim the administrative costs of the wage passthrough in accordance with the department’s claiming requirements. (5) If that federal financial participation is available for county-only payroll moneys, the following shall apply: (A) If additional payroll costs will be incurred by the state due to the receipt and payment of federal funds, the department shall provide the city and county with a detailed estimate of the additional costs of the provision of payroll functions associated with the processing of federal funds. If the city and county elects to pay the additional costs, the department will provide these payroll functions. If the city and county does not elect to pay the additional costs, the department and the city and county may seek another, mutually satisfactory arrangement. (B) If that federal financial participation is not available, the department shall continue to perform the existing payroll functions provided on July 28, 1995, at no additional cost to the city and county. (b) (1) This section shall not be implemented with respect to any particular wage increase pursuant to subdivision (a) unless the department has obtained the approval of the State Department of Health Services for that wage increase prior to its execution to determine that it is consistent with federal law and to ensure federal financial participation for the services under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.). (2) The Director of Health Services shall seek any federal waivers or approvals necessary for implementation of this section under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.). (Amended by Stats. 1999, Ch. 83, Sec. 206. Effective January 1, 2000.)
  87. 12302.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    A county may evaluate bidders for certain contracts and may consider specified responsibility factors; a bidder may have to submit prior contract information if unsatisfactory performance is being assessed.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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, and their responsiveness to the requirements of the bidding document. The county may take all of the following into account: (a) Whether the bidder possesses adequate financial resources, or the ability to obtain those resources as required before the beginning of the performance of the contract. (b) Whether the bidder has the ability to comply with the proposed delivery and performance schedule, taking into consideration available expertise and any other existing business commitments. (c) Whether the bidder has any record of unsatisfactory performance. In determining if a bidder has a record of unsatisfactory performance, the bidder shall submit a list to the county of all prior in-home supportive services contracts awarded, if any. A county may review past contracts, if any, to determine if the bidder’s past in-home supportive services contract performance has been unsatisfactory. (d) Whether the bidder has any record of lack of integrity or poor business ethics. (e) Whether the bidder is otherwise qualified and eligible to receive an award under applicable statutes and regulations. (f) Whether the bid substantially and materially complies with all requirements of the county’s bidding document. (Added by renumbering Section 12302.2 (as added by Stats. 1986, Ch. 1085) by Stats. 1988, Ch. 160, Sec. 192.)
  88. 12302.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Counties may create entities or agents to help employers comply with wage, hour, and workplace laws, but those entities or agents may not interfere with a recipient’s right to choose, replace, or end their provider or set the service schedule.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 supportive services worker and who elect not to, or who are unable to, ensure compliance with all applicable federal, state, and county wage, hour, and workplace laws. (b) Any entity or agent established pursuant to this section shall not restrict or interfere with the right of a recipient to select, replace, and terminate the employment of his or her own provider of in-home supportive services and to set his or her own service schedule. (Added by Stats. 1994, Ch. 1006, Sec. 1. Effective January 1, 1995.)
  89. 12303.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Contracts under Section 12302 must include specific provisions, including a 10% cost cap, a hiring preference for low-income persons, and a bond option to protect wage claims.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 cost of the service as determined by the State Department of Social Services. (b) The provider agency shall agree to give preference to the training and employment of recipients of public assistance or other low-income persons who would qualify for public assistance in the absence of such employment. (c) The cost of the purchase of such service will qualify, where possible, for the maximum federal reimbursement. (d) A bond may be obtained to secure payment of wages in the event that bankruptcy, liquidation, embezzlement, fraud, or other factors prevent payment of wage claims to homemakers, homemaker chore workers, or other in-home supportive service personnel. The provisions of this section shall not restrict the right of a chartered county from providing a civil service classification for in-home supportive service personnel. (Amended by Stats. 1978, Ch. 1399, Sec. 2.)
  90. 12303.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Eligible aged, blind, or disabled individuals may receive in-home supportive services, subject to monthly hour limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 described in Section 12304, shall receive services under this article which do not exceed the maximum of 195 hours per month. (b) Any aged, blind, or disabled individual who is eligible for assistance under this chapter or Chapter 4 (commencing with Section 12500), who is in need, as determined by the county welfare department, of at least 20 hours per week of the services defined in Section 12304, shall be eligible to receive services under this article, the total of which shall not exceed a maximum of 283 hours per month. (Amended by Stats. 1999, Ch. 90, Sec. 8. Effective July 12, 1999.)
  91. 12303.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    No cost-of-living adjustment may be made for the 1990–91 fiscal year under this article, and later adjustments may not include any 1990–91 cost-of-living increase.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 this article for the 1991–92 fiscal year and any fiscal year thereafter pursuant to Section 12303.5 shall not include any adjustment to reflect increases for the cost of living for the 1990–91 fiscal year. (Added by Stats. 1990, Ch. 457, Sec. 3. Effective July 31, 1990.)
  92. 12303.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Eligible aged or disabled applicants or recipients whose disabilities prevent use of cooking facilities at home may receive a monthly allowance instead of the in-home food preparation and consumption services, and the Social Services Department must update the allowance amount annually.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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, shall be given the option to receive an allowance of forty-nine dollars ($49) per month for an individual and ninety-eight dollars ($98) per month for a married couple in lieu of the appropriate in-home food preparation and consumption services. The allowance under this section shall be in addition to any amount that the applicant or recipient is entitled to under this chapter. This allowance shall not have the effect of exceeding the total cost maximum of Sections 12303.5 and 12304. Nothing in this section shall be construed to limit the applicant’s or recipient’s right to receive the allowance under this section and all other homemaker and chore services. The State Department of Social Services shall adjust the amount of the allowance under this section on July 1, 1984, and each year thereafter to reflect cost-of-living changes subsequent to January 1, 1983, as provided under Section 12303. 5. (Amended by Stats. 1983, Ch. 323, Sec. 118. Effective July 1, 1983.)
  93. 12304.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Some eligible individuals may receive monthly cash payments for in-home supportive services, and the county welfare department must tell potentially eligible individuals about this right.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 or her own financial and legal affairs shall be given the option of hiring and paying his or her own provider of in-home supportive services. For this purpose the individual shall be entitled to receive a monthly cash payment in advance not to exceed an amount to reimburse providers for the maximum amount of hours specified in subdivision (b) of Section 12303.4, which is in addition to his or her grant, if any. An individual who is not capable of handling his or her own financial and legal affairs shall be entitled to receive the cash payment through his or her guardian, conservator, or protective payee. (b) In no event shall the maximum total cost for services and advance cash payment for one individual recipient under subdivision (b) of Section 12303.4 and subdivision (a) exceed an amount to reimburse providers for the maximum hours specified in subdivision (b) of Section 12303.4. (c) The county welfare department shall inform in writing any individual who is potentially eligible for services under this section of his or her right to the services. (d) For purposes of subdivision (b) of Section 12303.4, a recipient who is eligible for services subject to the maximum amount specified in subdivision (b) of Section 12303.4 is one who requires in-home supportive care of at least 20 hours per week to carry out any or all of the following: (1) Routine bodily functions, such as bowel and bladder care and respiration assistance. (2) Dressing, oral hygiene, and grooming. (3) Preparation and consumption of food and meal cleanup for individuals who require assistance with the preparation and consumption of food. (4) Moving into and out of bed, other assistance in transferring, turning in bed, and other repositioning. (5) Bathing, routine bed baths, and washing. (6) Ambulation and care and assistance with prostheses. (7) Rubbing of skin to promote circulation. (8) Paramedical services. (9) Any other function of daily living as determined by the director. This determination of need shall be supported by a medical report when requested and shall be prepared at the expense of the State Department of Social Services. (Amended (as amended by Stats. 1991, Ch. 96, Sec. 6) by Stats. 1992, Ch. 722, Sec. 57. Effective September 15, 1992.)
  94. 12304.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    When providers are selected for services under this article, preference must be given to a qualified individual provider chosen by the recipient of personal care services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 recipient of personal care services as defined in subdivision (c) of Section 12300. (Amended by Stats. 1992, Ch. 939, Sec. 3. Effective September 28, 1992.)
  95. 12304.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    A recipient receiving services through a contract or managed care provider may choose any qualified person to provide care, if program requirements are met.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 to provide care under this article. (b) For purposes of this section, “qualified person” means any employee of the contract or managed care provider through which the recipient may receive services under this article who is available and eligible to provide the services. (Added by Stats. 1994, Ch. 349, Sec. 1. Effective January 1, 1995.)
  96. 12304.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Certain long-term in-home supportive services recipients who hire and pay their own providers may receive their grant by electronic transfer, and the Controller must offer that service once it is available for state employees’ wages.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 providers, as permitted under subdivision (b) of Section 12304, may receive his or her grant under this article through an electronic transfer. The Controller shall offer electronic transfer services to these recipients as soon as the option of electronic transfer is available to state employees for the receipt of wages. (Added by Stats. 1986, Ch. 1141, Sec. 1.)
  97. 12304.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The department must set up direct deposit for in-home supportive services payments, and providers may choose direct deposit or, in some cases, provider card payment.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 payments via direct deposit at the provider’s option. The department, the Controller, and the California Health and Human Services Agency shall make all necessary automation changes to allow for payment by direct deposit. (b) On or before March 31, 2008, the department shall complete those items pertaining to the implementation of direct deposit over which they have independent control, or those items that do not depend on ongoing coordination with the office of the Controller in order to be completed. Examples of these items include, but are not limited to, rulemaking Case Management Information and Payroll Systems (CMIPS) modifications, provider notifications, and all-county letters. The department and the office of the Controller shall cooperate fully on coordination, implementation, and testing, on a timeframe that shall not delay implementation of the project. Notwithstanding any other law, direct deposit for in-home supportive services providers shall be implemented on or before June 30, 2008. (c) Notwithstanding any other law, a person entitled to the receipt of direct payment as an individual provider pursuant to Section 12302.2 for providing in-home supportive services may authorize payment to be directly deposited by electronic fund transfer into the person’s account at the financial institution of the person’s choice under a program for direct deposit by electronic transfer established by the department. (d) (1) (A) Notwithstanding Sections 212 and 213 of the Labor Code, providers entitled to the receipt of direct wage payment as an individual provider pursuant to Section 12302.2 for providing in-home supportive services, or providers who provide waiver personal care services pursuant to Section 14132.97, shall receive payment of wages only by direct deposit or provider card, with either method chosen at the preference of each provider. (B) Subparagraph (A) becomes effective by the later of the following dates: (i) July 1, 2021. (ii) An alternative date identified by the department, with notification provided to the Legislature, relative to the completion of statewide implementation of the federal electronic visit verification requirement. (2) (A) The department shall encourage providers to enroll in either direct deposit or a provider card in preparation for, and in advance of, the effective date of the requirement in subparagraph (A) of paragraph (1). (B) Each provider shall identify a bank account into which wages can be direct deposited, select a prepaid account available in the private market that complies with applicable federal and state laws through which the provider can receive wages, or a provider card made available through the process described in subdivision (e) through which the provider can receive wages. (e) (1) The State Department of Social Services shall issue a request for proposal for one or more provider card issuers to offer to providers so the provider may enroll in a provider card service in order to access the provider’s wages. (2) A provider card issuer selected by the department pursuant to this subdivision shall comply with all of the following: (A) Comply with all of the requirements, and provide a provider with all of the consumer protections, that apply to a provider card under the rules implementing the federal Electronic Fund Transfer Act (EFTA) (15 U.S.C. Sec. 1693 et seq.), or other rules subsequently adopted under the EFTA that apply to payroll cards, except that the disclosures required under federal law to provide notice of the ban on compulsory use under Section 1693k(2) of Title 15 of the United States Code may be modified, as appropriate, to reflect the relationship of the provider to the department. (B) Satisfy the requirements for passthrough deposit or share insurance so that the funds available on the provider card are eligible for insurance for the benefit of the provider provided by the Federal Deposit Insurance Corporation in accordance with Part 330 (commencing with Section 330.1) of Title 12 of the Code of Federal Regulations or by the National Credit Union Share Insurance Fund in accordance with Part 745 (commencing with Section 745.0) of Title 12 of the Code of Federal Regulations. (C) Minimize charges and fees for providers using the card and not impose any of the following fees, or any other fee that may be specified by the department in the request for proposals: (i) An application, initiation, loading, participation, or other fee to receive wages or to obtain the provider card. (ii) A fee for a point-of-sale transaction, unless the fee is charged by a person that accepts credit or debit cards for the transaction and the provider initiated the transaction. (iii) A fee to withdraw funds from a teller or an automated teller machine at any financial institution that is in the provider card issuer’s network. (iv) An overdraft, shortage, or low-balance fee or charge, or any fee or finance charge for any form of credit or overdraft that is automatically repaid from the provider card after delivery of the payment, including, but not limited to, a loan against future payments or a cash advance on future payments. (v) A fee for a declined transaction. (vi) A fee for inactivity. (vii) A fee for the first three telephone calls to a live customer service representative per pay period. (viii) A fee to the access balance or other provider card information online, by an interactive voice response system, or by any other automated system offered in conjunction with the provider card, or at an automated teller machine at any financial institution that is in the provider card issuer’s network. (ix) A fee to close the provider card or disburse the remaining provider card balance. (x) A fee to provide one replacement card each year. (3) The provider card issuer selected by the department pursuant to this subdivision shall, at no cost to the provider, do all the following: (A) Disclose in writing, or electronically via email, to each provider choosing to use one, the entire terms and conditions of the provider card. The provider shall select the method of disclosure at the time the provider enrolls for payment of wages by provider card. (B) Provide the ability to withdraw the entire amount of wages for each pay period at an automated teller machine at any financial institution or at any financial institution that is in the provider card issuer’s network. This does not preclude additional methods by which a provider can access wages deposited on the provider card. (C) An annual notice, sent either by mail or electronically, at the choice of the provider, informing the provider of the right to request periodic statements, 12-month transaction histories, and the balance of available funds. (f) This section does not inhibit the ability of a recognized labor organization representing providers from offering a particular provider card to the providers represented by that organization. (g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services and the State Department of Health Care Services may implement, interpret, or make specific this section by means of all-county letters or similar instructions, without taking any regulatory action. (h) For the purposes of this section, the following terms have the following meanings: (1) “Issuer” means a provider card issuer, and includes a person acting as an agent of an issuer, directly or indirectly. (2) “Provider card” means an access mechanism, including a prepaid account or prepaid card, as those terms are defined under the EFTA or other rules subsequently adopted under the EFTA, a code, or another device, through which the provider can access the provider’s wages. (Amended by Stats. 2020, Ch. 370, Sec. 278. (SB 1371) Effective January 1, 2021.)
  98. 12304.41.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    After a declared state of emergency caused by a natural disaster, affected counties must reissue certain damaged or lost uncashed warrants and update the provider’s mailing address before mailing the reissued warrant.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 or had damaged an uncashed warrant because of the natural disaster. When reissuing the uncashed warrant, a county shall verify the provider’s current mailing address and update the mailing address in the Case Management Information and Payroll System to ensure that the reissued warrant will be mailed to the provider’s current address. (Added by Stats. 2018, Ch. 789, Sec. 5. (SB 1040) Effective January 1, 2019.)
  99. 12304.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Some aged, blind, or disabled individuals may receive a payment to buy in-home supportive services if they would qualify except for excess income and their income is not enough to cover the care.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 his excess income, is eligible to receive a payment under this article to purchase in-home supportive services if his income is insufficient to provide for the cost of such care, and he is otherwise qualified under this article. (Added by Stats. 1974, Ch. 75.)
  100. 12304.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The county welfare department must give visually impaired applicants or recipients information and referral services to organizations that provide reading services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 benefits under this article, information on, and referral services to, community public and nonprofit entities that provide reading services to visually impaired persons. (Added by Stats. 1998, Ch. 275, Sec. 1. Effective January 1, 1999.)
  101. 12304.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The Controller must, each year between January 1 and April 15, add a notice and an informational flyer to payroll warrants for service providers.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 department, with, all payroll warrants issued to providers of services under this chapter informing those providers that they may qualify for the federal earned income tax credit, as provided for in Section 32 of the Internal Revenue Code. (Added by Stats. 2007, Ch. 397, Sec. 1. Effective January 1, 2008.)
  102. 12305.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Certain aged, blind, or disabled individuals who receive services under this article can qualify for Medi-Cal if they would otherwise be eligible except for excess income, and their excess nonexempt income is used to buy those services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 excess income, and who receives services under this article, shall be eligible for Medi-Cal benefits as a categorically needy recipient under Section 14005.1, provided that his nonexempt income in excess of the sum in the applicable subdivision of Section 12200 is used toward the purchase of such services. (Added by Stats. 1973, Ch. 1216.)
  103. 12305.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Some aged, blind, or disabled people who received certain Medi-Cal personal care services before July 1, 2009 can receive a supplementary payment, but only if they meet the listed criteria.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 continues to receive those services, and who would otherwise be deemed a categorically needy recipient pursuant to Section 12305, is eligible to receive a supplementary payment under this article to be used towards the purchase of personal care services. Additionally, any aged, blind, or disabled individual who received services pursuant to Section 14132.951 before July 1, 2009, and who continues to receive those services, and who would otherwise be deemed a categorically needy recipient pursuant to Section 12305 is eligible to receive a supplementary payment under this article to be used towards the purchase of services under Section 14132.951. Supplementary payments shall be available only to those individuals who meet the criteria set forth in this subdivision, and were eligible to receive a supplementary payment as of June 30, 2009. (2) An individual who meets the above criteria for supplementary payments shall have his or her supplementary payment eliminated as of October 1, 2009. (b) A supplementary payment pursuant to this section shall be the difference between the following amounts: (1) A beneficiary’s excess income as determined under Section 12304.5. (2) The beneficiary’s nonexempt income as determined pursuant to Section 14005.7, in excess of the income levels for maintenance need pursuant to Section 14005.12. (c) Notwithstanding subdivisions (a) and (b), no supplementary payment shall be made pursuant to this section unless the amount specified in paragraph (2) of subdivision (b) is larger than the amount specified in paragraph (1) of subdivision (b). (d) In the event of a final judicial determination by any court of appellate jurisdiction or a final determination by the Administrator of the federal Centers for Medicare and Medicaid Services that supplemental payments to medically needy persons not receiving services pursuant to subdivision (p) of Section 14132.95 or Section 14132.951 must be made, then this section and subdivision (p) of Section 14132.95 shall cease to be operative on the first day of the month that begins after the expiration of a period of 30 days subsequent to a notification in writing by the Director of Finance to the chairperson of the committee in each house that considers appropriations, the chairpersons of the committees and the appropriate subcommittees in each house that consider the State Budget, and the Chairperson of the Joint Legislative Budget Committee. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 4, Sec. 26. Effective July 28, 2009. Section conditionally inoperative as provided in subd. (d).)
  104. 12305.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Some people who were previously found disabled and later became ineligible because of substantial gainful activity can still be treated as disabled for this article and may receive payment for in-home supportive services if they meet the listed conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 XVI of the Social Security Act (Section 1382c, Title 42, United States Code), and (2) Became ineligible for benefits under this chapter because the person engaged in substantial gainful activity, and (3) Continues to suffer from the physical or mental impairments which were the basis of the disability determination required under paragraph (1), and (4) Requires in-home supportive care to carry out any or all of the following: (A) Routine bodily functions, such as bowel or bladder care. (B) Dressing. (C) Preparation and consumption of food. (D) Moving into and out of bed. (E) Routine bed bath. (F) Ambulation. (G) Any other function of daily living as determined by the director; shall be considered to be disabled, for the purposes of this article only, even though such person is engaged in substantial gainful activity. Regardless of whether such person has excess income, such person shall be eligible to receive payment under this article to purchase in-home supportive services if his income is insufficient to provide for the cost of such care, and he is otherwise qualified under this article. (b) For purposes of this section, “substantial gainful activity” means work activity considered to be substantial gainful activity under applicable federal regulations adopted pursuant to Section 1614 of Part A of Title XVI of the Social Security Act. (c) The determination of continued impairments and the need for in-home supportive care shall be supported by medical reports when requested. Such reports shall be provided at the expense of the department. (d) This section shall not be construed as creating any entitlement to state supplementation pursuant to Section 12150. (Amended by Stats. 1978, Ch. 1362.)
  105. 12305.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Certain people listed in subdivision (b) are eligible for in-home supportive services under this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 to any person who meets all of the following requirements: (1) He or she is not eligible for benefits under this chapter because of the provisions of federal Public Law 104-193 affecting eligibility under Title XVI of the Social Security Act. (2) He or she would be eligible for benefits under this chapter but for the provisions of federal Public Law 104-193 affecting eligibility under Title XVI of the Social Security Act. Eligibility under this chapter shall include the same deeming provisions pursuant to Title XVI of the Social Security Act (Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42, United States Code). (3) He or she continues to meet all other applicable eligibility criteria for receiving benefits under this chapter. (Added by Stats. 1997, Ch. 606, Sec. 28. Effective October 3, 1997.)
  106. 12305.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The department must carry out fraud, data-match, training, monitoring, and regulation-review activities for in-home supportive services, with related duties for the State Department of Health Care Services and some counties/staff.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 the State Department of Health Care Services and the county welfare departments shall design and conduct an error rate study to estimate the extent of payment and service authorization errors and fraud in the provision of supportive services. The error rate study findings shall be used to prioritize and direct state and county fraud detection and quality improvement efforts. The State Department of Health Care Services shall provide technical assistance and guidance for the error rate studies as requested by the department. (b) (1) The department and the State Department of Health Care Services shall conduct automated data matches to compare Medi-Cal paid claims and third-party liability data with supportive services paid service hours data to identify potential overpayments, duplicate payments, alternative payment sources for supportive services, and other potential supportive services delivery discrepancies, including but not limited to, receipt of supportive services by a recipient on the same day that other potentially duplicative Medi-Cal services are received. Relevant data match findings shall be transmitted to the counties, or to the appropriate state entity, for action. (2) The department, in consultation with the county welfare departments and the State Department of Health Care Services, shall determine, define, and issue instructions to the counties describing the roles and responsibilities of the department, the State Department of Health Care Services, and counties for resolving data match discrepancies requiring followup, defining the necessary actions that will be taken to resolve them, and the process for exchange of information pertaining to the findings and disposition of data match discrepancies. (c) The department shall develop methods for verifying the receipt of supportive services by program recipients. In developing the specified methods the department shall obtain input from program stakeholders as provided in Section 12305.72. The department shall, in consultation with the county welfare departments, also determine, define, and issue instructions describing the roles and responsibilities of the department and the county welfare departments for evaluating and responding to identified problems and discrepancies. (d) The department shall make available on its internet website the regulations, all-county letters, approved forms, and training curricula developed and officially issued by the department to implement the items described in Section 12305.72. The department shall inform supportive services providers, recipients, and the general public about the availability of these items and of the Medi-Cal toll-free fraud hotline and internet website for reporting suspected fraud or abuse in the provision or receipt of supportive services. (e) (1) (A) The department, in consultation with counties and in accordance with Section 12305.72, shall develop a standardized curriculum, training materials, and work aids, and operate an ongoing, statewide training program on the supportive services uniformity system. The training shall address, at a minimum, statutes, regulations, and policies related to in-home supportive services and service assessment and authorization, including the functional index ranks and statewide hourly task guidelines. (B) The department shall develop a one-day refresher training program on service assessment and authorization, including the functional index ranks and statewide hourly task guidelines. (2) (A) In-Home Supportive Services program case workers, case worker supervisors, program managers, quality assurance staff, and program integrity staff hired after the effective date of the act that added this paragraph shall complete the training developed pursuant to subparagraph (A) of paragraph (1) within six months of being hired. (B) In-Home Supportive Services program case workers, case worker supervisors, program managers, quality assurance staff, and program integrity staff hired prior to the effective date of the act that added this paragraph who have not taken the training developed pursuant to subparagraph (A) of paragraph (1), or who took the training prior to July 1, 2019, shall take the refresher training program developed pursuant to subparagraph (B) of paragraph (1) by December 31, 2021. (C) State hearing officers and public authority or nonprofit consortium staff may, but are not required to, attend the training or refresher training developed pursuant to paragraph (1). (3) Training shall be scheduled and provided at sites throughout the state. The department may obtain a qualified vendor to assist in the development of the training and to conduct the training program. The design of the training program shall provide reasonable flexibility to allow counties to use their preferred training modalities to educate their supportive services staff in this subject matter. (f) The department shall, in conjunction with the counties, develop protocols and procedures for monitoring county quality assurance programs. The monitoring may include onsite reviews of county quality assurance activities. The focus of the established monitoring protocols and procedures shall include determining the extent to which counties are fulfilling their quality assurance responsibilities and county quality assurance staff are correctly applying the uniformity system in reviewing supportive services cases for consistent, appropriate, and accurate service need assessments. The department and the county welfare departments shall also develop the protocols and procedures under which the department will report its monitoring findings to a county, disagreements over the findings are resolved, to the extent possible, and the county, the State Department of Health Care Services, and the department will follow up on the findings. (g) The department shall conduct a review of program regulations in effect on the date of enactment of this section and shall revise the regulations as necessary to conform to the statutory changes that have occurred since the regulations were initially promulgated and to conform to federally authorized program changes. (h) The department, in consultation with the county welfare departments and other stakeholders, as appropriate, shall develop protocols for the implementation of targeted mailings to providers, to convey program integrity concerns. (Amended by Stats. 2020, Ch. 11, Sec. 72. (AB 79) Effective June 29, 2020.)
  107. 12305.71.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Counties must carry out quality assurance for In-Home Supportive Services, including specialized fraud-prevention review and case checks.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 12305.71. (a) Counties shall perform the following quality assurance activities: (1) Establish a dedicated, specialized unit or function to ensure quality assurance and program integrity, including fraud detection and prevention, in the provision of supportive services. (2) Perform routine, scheduled reviews of supportive services cases, to ensure that caseworkers appropriately apply the supportive services uniformity system and other supportive services rules and policies for assessing recipients’ need for services to the end that there are accurate assessments of needs and hours. Counties may consult with state quality assurance staff for technical assistance and shall cooperate with state monitoring of the county’s quality assurance activities and findings. (3) The department and the county welfare departments shall develop policies, procedures, implementation timelines, and instructions under which county quality assurance programs will perform the following activities: (A) Receiving, resolving, and responding appropriately to claims data match discrepancies or other state level quality assurance and program integrity information that indicates potential overpayments to providers or recipients or third-party liability for supportive services. (B) Implementing procedures to identify potential sources of third-party liability for supportive services. (C) Monitoring the delivery of supportive services in the county to detect and prevent potential fraud by providers, recipients, and others and maximize the recovery of overpayments from providers or recipients. (i) As appropriate, in targeted cases, to protect program integrity, this monitoring may include a visit to the recipient’s home to verify the receipt of services. (ii) The exact date and time of a home visit shall not be announced to the supportive services recipient or provider. (iii) The department, in consultation with the county welfare departments, shall develop protocols for followup home visits and other actions, if the provider and recipient are not at the recipient’s home at the time of the initial home visit. The protocols shall include, at a minimum, all of the following: (I) Information sent to the recipient’s home regarding the goals of the home visit, including the county’s objective to maintain program integrity by verifying the receipt of services, the quality of services and consumer well-being, and the potential loss of services if fraud is substantiated. (II) Additional attempted visits to the recipient’s home, pursuant to clause (i). (III) Followup phone calls to both the recipient and the provider, if necessary. (D) Informing supportive services providers and recipients, and the public that suspected fraud in the provision or receipt of supportive services can be reported by using the toll-free Medi-Cal fraud telephone hotline and internet website. (E) In accordance with protocols developed pursuant to subdivision (h) of Section 12305.7, distribute targeted program integrity mailings to providers. The purpose of the targeted program integrity mailings is to inform providers of appropriate program rules and requirements and consequences for failure to adhere to them. (4) Develop a schedule, beginning July 1, 2005, under which county quality assurance staff shall periodically perform targeted quality assurance studies. (5) In accordance with protocols developed by the department and county welfare departments, conduct joint case review activities with state quality assurance staff, including random postpayment paid claim reviews to ensure that payments to providers were valid and were associated with existing program recipients; identify, refer to, and work with appropriate agencies in investigation, administrative action, or prosecution of instances of fraud in the provision of supportive services. The protocols shall consider the relative priorities of the activities required pursuant to this section and available resources. (b) (1) Until December 31, 2020, a county may request, and the department may approve, a reduction of quality assurance and program integrity activities pursuant to this section and Section 12305.7 to address staffing shortages and enable the county to repurpose staff to support critical In-Home Supportive Services administrative functions, including intakes and reassessments. Any reduction pursuant to this subdivision shall be in effect for a period of no more than 12 months, to be determined by the department on a case-by-case basis. (2) Until December 31, 2020, a county may perform required quality assurance and program integrity activities pursuant to this section and Section 12305.7 remotely using telehealth, including by video conference or telephone, subject to continuing federal approval. (Amended by Stats. 2020, Ch. 11, Sec. 73. (AB 79) Effective June 29, 2020.)
  108. 12305.72.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The department must hold periodic meetings about IHSS program quality, integrity, and consistency and let listed stakeholders get information and give input.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 other interested stakeholders may receive information and have the opportunity to provide input to the department regarding the quality assurance, program integrity, and program consistency efforts required by Sections 12305.7 and 12305.71. The program development activities that shall be covered in these meetings shall include, but are not limited to: (a) Implementation of variable assessment intervals as provided in Section 12301.1. (b) Development and implementation of statewide hourly supportive services task guidelines as provided in Section 12301.2. (c) Development and implementation of a standardized medical certification form for protective supervision, as provided for in Section 12301.21. (d) The development and implementation of statewide training for county staff, as specified in subdivision (e) of Section 12305.7, on various subjects relating to the provision of supportive services including, but not limited to, the uniformity system, variable assessment intervals, statewide hourly task guidelines, and the standardized medical certification form for protective supervision services. (e) The development and implementation of approaches to verifying receipt of program services by program recipients. (f) Alternatives to requiring that a full reassessment be completed in order to authorize a temporary increase in supportive services hours following the discharge of a recipient from a medical facility. (Added by Stats. 2004, Ch. 229, Sec. 47. Effective August 16, 2004.)
  109. 12305.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    This section defines “fraud,” “overpayment,” and “health care benefits” for this article.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 could result in some unauthorized benefit to himself or herself or some other person. Fraud also includes any act that constitutes fraud under applicable federal or state law. (b) “Overpayment” means the amount paid by the department or the State Department of Health Services to a provider or recipient, which is in excess of the amount for services authorized or furnished pursuant to this article. (c) Notwithstanding any other provision of law, “health care benefits” includes supportive services, for purposes of subdivision (a) of Section 550 of the Penal Code. (Added by Stats. 2004, Ch. 229, Sec. 48. Effective August 16, 2004.)
  110. 12305.81.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Certain people are barred from providing or being paid for supportive services for 10 years after specified fraud- or abuse-related convictions or incarcerations, and providers and agencies must use and retain a provider enrollment form.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 for, or incarceration following a conviction for, fraud against a government health care or supportive services program, including Medicare, Medicaid, or services provided under Title V, Title XX, or Title XXI of the federal Social Security Act or a violation of subdivision (a) of Section 273a of the Penal Code, or Section 368 of the Penal Code, or similar violations in another jurisdiction. The department and the State Department of Health Care Services shall develop a provider enrollment form that each person seeking to provide supportive services shall complete, sign under penalty of perjury, and submit to the county. Submission of the form shall include the photocopying by the county of original documentation verifying the provider’s identity, and shall be considered as an application to render services under the Medi-Cal program consistent with subdivision (c) of Section 14043.1. A provider shall submit the form to the county in person, and the county shall retain the form and a copy of the identification documentation in the file of the provider. The form shall contain statements to the following effect: (1) A person who, in the last 10 years, has been convicted for, or incarcerated following conviction for, fraud against a government health care or supportive services program is not eligible to be enrolled as a provider or to receive payment for providing supportive services. (2) An individual who, in the last 10 years, has been convicted for, or incarcerated following conviction for, a violation of subdivision (a) of Section 273a of the Penal Code or Section 368 of the Penal Code, or similar violations in another jurisdiction, is not eligible to be enrolled as a provider or to receive payment for providing supportive services. (3) A statement declaring that the person has not, in the last 10 years, been convicted or incarcerated following conviction for a crime involving fraud against a government health care or supportive services program. (4) A statement declaring that he or she has not, in the last 10 years, been convicted for, or incarcerated following conviction for, a violation of subdivision (a) of Section 273a of the Penal Code or Section 368 of the Penal Code, or similar violations in another jurisdiction. (5) The person agrees to reimburse the state for any overpayment paid to the person as determined in accordance with Section 12305.83, and that the amount of any overpayment, individually or in the aggregate, may be deducted from any future warrant to that person for services provided to any recipient of supportive services, as authorized in Section 12305.83. (b) The department shall include the text of subdivision (a) of Section 273a of the Penal Code and Section 368 of the Penal Code on the provider enrollment form. (c) A public authority or nonprofit consortium that is notified by the department or the State Department of Health Care Services that a supportive services provider is ineligible to receive payments under this chapter or under Medi-Cal law shall exclude that provider from its registry. (d) A public authority or nonprofit consortium that determines that a registry provider is not eligible to provide supportive services based on the requirements of subdivision (a) shall report that finding to the department. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 4, Sec. 27. Effective July 28, 2009.)
  111. 12305.82.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The department, the State Department of Health Care Services, and counties must coordinate to detect and prevent fraud in in-home supportive services, and certain agencies may investigate and share data for that purpose.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 the provision or receipt of in-home supportive services. Counties shall also have the authority to investigate fraud in the provision or receipt of in-home supportive services pursuant to the protocols developed in subdivision (b). The department, the State Department of Health Care Services, and counties, including county quality assurance staff, shall work together as appropriate to coordinate activities to detect and prevent fraud by in-home supportive services providers and recipients in accordance with federal and state laws and regulations, including applicable due process requirements, to take appropriate administrative action relating to suspected fraud in the provision or receipt of in-home supportive services, and to refer suspected criminal offenses to appropriate law enforcement agencies for prosecution. (b) (1) The department, in consultation with county welfare directors and other stakeholders, as appropriate, shall develop uniform statewide protocols for acceptable activities to be performed and acceptable measures to be taken by the department, the State Department of Health Care Services, and the counties for purposes of fraud prevention. (2) The State Department of Health Care Services, the department, and the county may share data with each other as necessary to prevent fraud and investigate suspected fraud pursuant to this section. The information shall only be used for purposes of preventing and investigating suspected fraud in the In-Home Supportive Services program, and shall otherwise remain confidential. (c) If the State Department of Health Care Services concludes that there is reliable evidence that a provider or recipient of supportive services has engaged in fraud in connection with the provision or receipt of in-home supportive services, the State Department of Health Care Services shall notify the department, the county, and the county’s public authority or nonprofit consortium, if any, of that conclusion. (d) If a county concludes that there is reliable evidence that a supportive services provider or recipient has engaged in fraud in connection with the provision or receipt of in-home supportive services, the county shall notify the department and the State Department of Health Care Services of that conclusion. (e) Notwithstanding any other provision of law, a county may investigate suspected fraud in connection with the provision or receipt of supportive services, with respect to an overpayment of five hundred dollars ($500) or less. (f) The failure of a provider or a recipient to comply with program requirements may result in termination of his or her participation in the In-Home Supportive Services program, subject to all applicable federal and state due process requirements. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 17, Sec. 9. (AB 19 4x) Effective October 23, 2009.)
  112. 12305.83.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    This section lets the director or county recover certain overpayments made to supportive services providers, and requires the county to take recovery and fraud-related enforcement steps when overpayments are found.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 owing, as defined in subdivision (g) of Section 14043.1, the director or the county may, to the extent permissible under existing labor laws, recover the overpayment by offset against any amount currently due to a provider under the provisions of this chapter, Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) or by means of a repayment agreement executed between the provider and the director or the county, or by filing a civil action. (b) The department, in consultation with the entities listed in Section 12305.72, shall identify, define, and develop policies, procedures, and applicable due process requirements under which overpayments to supportive services providers will be identified and recovered. (c) If it is determined that an overpayment to a supportive services provider has occurred the county shall: (1) Take all appropriate actions to recover the full amount of the overpayment by any combination of the following actions: (A) Offsetting the overpayment from any future warrants to that provider for services provided to any recipient of services pursuant to subdivision (d). (B) Entering into a negotiated repayment agreement. (C) Filing a civil court action. (2) If the overpayment was determined to have occurred as a result of fraud on the part of the supportive services provider, take all appropriate actions to suspend or exclude the provider as an enrolled provider and to prevent in the future any further payment of state or federal funds to the provider for up to 10 years following the conviction or the term of incarceration following the conviction for fraud. (d) If the overpayment described in this section was determined to be the result of fraud, the full amount of the overpayment may be offset, in total, from any future warrants, as described in paragraph (1) of subdivision (c). If the overpayment is not determined to be the result of fraud the offset shall be limited to either of the following: (1) The amounts provided for in a repayment agreement negotiated with the provider. (2) No more than 5 percent of each warrant, for errors caused by the government and no more than 10 percent of each warrant, for errors resulting for any other reason, until the full or negotiated amount is recovered. (Added by Stats. 2004, Ch. 229, Sec. 51. Effective August 16, 2004.)
  113. 12305.84.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The department must form a stakeholder group, develop a report on quality assurance and fraud prevention activities, and give the report to the Legislature by December 31, 2010.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 evaluating the implementation of the quality assurance and fraud prevention and detection activities enacted from 2004 to the present. The department shall include and collaborate with the State Department of Health Care Services, the California State Association of Counties, the County Welfare Directors Association, and stakeholders representing consumers and providers. (b) The department shall provide this report to the Legislature on or before December 31, 2010. (c) The stakeholder group shall: (1) Review the annual error reports issued and state-level quality assurance activities to date required by Section 12305.7 and review and evaluate the implementation of county quality assurance activities required by Section 12305.71, including a review of the number of instances, amounts, and causes of overpayments and underpayments identified by quality assurance activity at the state and county level from enactment to date. (2) Review information available regarding prevention and early detection of fraud, the latter as defined by Section 12305.81. (3) Collect and review information regarding referrals of suspected fraud to the State Department of Health Care Services pursuant to Section 12305.82, and subsequent investigative efforts, including cost-benefit information regarding these efforts, as well as the number of fraud cases handled locally. (4) Collect and review information regarding final convictions for fraud, including all of the following: (A) The amount of funds involved in the conviction. (B) The basis of the fraud conviction, including whether it involved services not provided or falsified consumers or providers, or both. (C) Aggregate information regarding the number and source of individuals responsible, including, but not limited to, state employees, IHSS providers, consumers, county workers, or others. (5) Provide recommendations on options for preventing errors and fraud for both the state and county levels, and recommendations for early detection strategies to combat fraud in the program. (Added by Stats. 2009, 4th Ex. Sess., Ch. 4, Sec. 28. Effective July 28, 2009.)
  114. 12305.86.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Counties must run background checks on certain in-home supportive services provider applicants and provide denial, appeal, and record-copy notices in specified cases.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 on the registry of a public authority or nonprofit consortium pursuant to Section 12301.6. This investigation shall include criminal background checks conducted by the Department of Justice pursuant to Section 15660. (b) No later than July 1, 2010, the county shall complete a criminal background check pursuant to subdivision (a) for a provider who is providing in-home supportive services prior to October 1, 2009, and who is not listed on a public authority or nonprofit consortium registry, as a condition of the provider’s continued enrollment in the IHSS program. Criminal background checks shall be conducted at the provider’s expense. (c) (1) Upon notice from the Department of Justice that a prospective or current provider has been convicted of a criminal offense specified in Section 12305.81, the county shall deny or terminate the applicant’s request to become a provider of supportive services to any recipient of the In-Home Supportive Services program. (2) Commencing 90 days after the effective date of the act that adds Section 12305.87, and upon notice from the Department of Justice that an applicant who is subject to the provisions of that section has been convicted of, or incarcerated following conviction for, an offense described in subdivision (b) of that section, the county shall deny the applicant’s request to become a provider of supportive services to any recipient of in-home supportive services, subject to the individual waiver and exception processes described in that section. An applicant who is denied on the basis of Section 12305.87 shall be informed by the county of the individual waiver and exception processes described in that section. (3) Notwithstanding any other law, the county shall provide an individual with a copy of his or her state-level criminal offender record information search response as provided to the county by the Department of Justice if the individual has been denied eligibility to provide supportive services to any recipient of the In-Home Supportive Services program based on this information. The copy of the state-level criminal offender record information search response shall be included with the individual’s notice of denial. Along with the notice of denial, the county shall also provide information in plain language on how an individual may contest the accuracy and completeness of, and refute any erroneous or inaccurate information in, his or her state-level criminal offender record information search response as provided by the Department of Justice as authorized by Section 11126 of the Penal Code. The state-level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice. (4) The department shall develop a written appeal process for the current and prospective providers who are determined ineligible to receive payment for the provision of services under the In-Home Supportive Services program. Notwithstanding any other law, the county shall provide the department with a copy of the state-level criminal offender record information search response as provided to the county by the Department of Justice for any individual who has requested an appeal based upon a denial of eligibility to provide supportive services to any recipient of the In-Home Supportive Services program pursuant to Sections 12305.81 and 12305.87. The state-level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice. (d) This section shall not be construed to prohibit the Department of Justice from assessing a fee pursuant to Section 11105 or 11123 of the Penal Code to cover the cost of furnishing summary criminal history information. (e) A county authorized to secure a criminal background check clearance pursuant to this section shall accept a clearance for an individual described in subdivision (a) or (b) who has been deemed eligible by another nonprofit consortium, public authority, or county with criminal background check authority pursuant to either Section 12301.6 or this section, to receive payment for providing services pursuant to this article. Existence of a clearance shall be determined by verification through the case management, information, and payrolling system, that another county, nonprofit consortium, or public authority with criminal background check authority pursuant to Section 12301.6 or this section has deemed the current or prospective provider to be eligible to receive payment for providing services pursuant to this article. (f) The department shall seek federal financial participation, to the extent possible, to cover any costs associated with this section. (Amended by Stats. 2011, Ch. 649, Sec. 5. (SB 930) Effective January 1, 2012.)
  115. 12305.87.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    This section restricts certain provider applicants with qualifying convictions from providing or being paid for supportive services for 10 years, unless an exception or waiver applies.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 conviction exclusions provided for in this section, in addition to the exclusions required under Section 12305.81. (2) This section shall apply to a person who satisfies either of the following conditions: (A) He or she is a new applicant to provide services under this article. (B) He or she is an applicant to provide services under this article whose application has been denied on the basis of a conviction and for whom an appeal of that denial is pending. (b) Subject to subdivisions (c), (d), and (e), an applicant subject to this section shall not be eligible to provide or receive payment for providing supportive services for 10 years following a conviction for, or incarceration following a conviction for, any of the following: (1) A violent or serious felony, as specified in subdivision (c) of Section 667.5 of the Penal Code and subdivision (c) of Section 1192.7 of the Penal Code. (2) A felony offense for which a person is required to register under subdivision (c) of Section 290 of the Penal Code. For purposes of this paragraph, the 10-year time period specified in this section shall commence with the date of conviction for, or incarceration following a conviction for, the underlying offense, and not the date of registration. (3) A felony offense described in paragraph (2) of subdivision (c) or paragraph (2) of subdivision (g) of Section 10980. (c) Notwithstanding subdivision (b), an application shall not be denied under this section if the applicant has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code or if the information or accusation against him or her has been dismissed pursuant to Section 1203.4 of the Penal Code. (d) (1) Notwithstanding subdivision (b), a recipient of services under this article who wishes to employ a provider applicant who has been convicted of an offense specified in subdivision (b) may submit to the county an individual waiver of the exclusion provided for in this section. This paragraph shall not be construed to allow a recipient to submit an individual waiver with respect to a conviction or convictions for offenses specified in Section 12305.81. (2) The county shall notify a recipient who wishes to hire a person who is applying to be a provider and who has been convicted of an offense subject to exclusion under this section of that applicant’s relevant criminal offense convictions that are covered by subdivision (b). The notice shall include both of the following: (A) A summary explanation of the exclusions created by subdivision (b), as well as the applicable waiver process described in this subdivision and the process for an applicant to seek a general exception, as described in subdivision (e). This summary explanation shall be developed by the department for use by all counties. (B) An individual waiver form, which shall also be developed by the department and used by all counties. The waiver form shall include both of the following: (i) A space for the county to include a reference to any Penal Code sections and corresponding offense names or descriptions that describe the relevant conviction or convictions that are covered by subdivision (b) and that the provider applicant has in his or her background. (ii) A statement that the service recipient, or his or her authorized representative, if applicable, is aware of the applicant’s conviction or convictions and agrees to waive application of this section and employ the applicant as a provider of services under this article. (3) To ensure that the initial summary explanation referenced in this subdivision is comprehensible for recipients and provider applicants, the department shall consult with representatives of county welfare departments and advocates for, or representatives of, recipients and providers in developing the summary explanation and offense descriptions. (4) The individual waiver form shall be signed by the recipient, or by the recipient’s authorized representative, if applicable, and returned to the county welfare department by mail or in person. Except for a parent, guardian, or person having legal custody of a minor recipient, a conservator of an adult recipient, or a spouse or registered domestic partner of a recipient, a provider applicant shall not sign his or her own individual waiver form as the recipient’s authorized representative. The county shall retain the waiver form and a copy of the provider applicant’s criminal offense record information search response until the date that the convictions that are the subject of the waiver request are no longer within the 10-year period specified in subdivision (b). (5) An individual waiver submitted pursuant to this subdivision shall entitle a recipient to hire a provider applicant who otherwise meets all applicable enrollment requirements for the In-Home Supportive Services program. A provider hired pursuant to an individual waiver may be employed only by the recipient who requested that waiver, and the waiver shall only be valid with respect to convictions that are specified in that waiver. A new waiver shall be required if the provider is subsequently convicted of an offense to which this section otherwise would apply. A provider who wishes to be listed on a provider registry or to provide supportive services to a recipient who has not requested an individual waiver shall be required to apply for a general exception, as provided for in subdivision (e). (6) Nothing in this section shall preclude a provider who is eligible to receive payment for services provided pursuant to an individual waiver under this subdivision from being eligible to receive payment for services provided to one or more additional recipients who obtain waivers pursuant to this same subdivision. (7) The state and a county shall be immune from any liability resulting from granting an individual waiver under this subdivision. (e) (1) Notwithstanding subdivision (b), an applicant who has been convicted of an offense identified in subdivision (b) may seek from the department a general exception to the exclusion provided for in this section. (2) Upon receipt of a general exception request, the department shall request a copy of the applicant’s criminal offender record information search response from the applicable county welfare department, public authority, or nonprofit consortium. Notwithstanding any other provision of law, the county, public authority, or nonprofit consortium shall provide a copy of the criminal offender record information search response, as provided to the county, public authority, or nonprofit consortium by the Department of Justice, to the department. The county, public authority, or nonprofit consortium shall provide this information in a manner that protects the confidentiality and privacy of the criminal offender record information search response. The state or federal criminal history record information search response shall not be modified or altered from its form or content as provided by the Department of Justice. (3) The department shall consider the following factors when determining whether to grant a general exception under this subdivision: (A) The nature and seriousness of the conduct or crime under consideration and its relationship to employment duties and responsibilities. (B) The person’s activities since conviction, including, but not limited to, employment or participation in therapy education, or community service, that would indicate changed behavior. (C) The number of convictions and the time that has elapsed since the conviction or convictions. (D) The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person. (E) Any evidence of rehabilitation, including character references, submitted by the person, or by others on the person’s behalf. (F) Employment history and current or former employer recommendations. Additional consideration shall be given to employer recommendations provided by a person who has received or has indicated a desire to receive supportive or personal care services from the applicant, including, but not limited to, those services, specified in Section 12300. (G) Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition. (H) The granting by the Governor of a full and unconditional pardon. (f) If the department makes a determination to deny an application to provide services pursuant to a request for a general exception, the department shall notify the applicant of this determination by either personal service or registered mail. The notice shall include the following information: (1) A statement of the department’s reasons for the denial that evaluates evidence of rehabilitation submitted by the applicant, if any, and that specifically addresses any evidence submitted relating to the factors in paragraph (3) of subdivision (e). (2) A copy of the applicant’s criminal offender record information search response, even if the applicant already has received a copy pursuant to Section 12301.6 or 12305.86. The department shall provide this information in a manner that protects the confidentiality and privacy of the criminal offender record information search response. (A) The state or federal criminal history record shall not be modified or altered from its form or content as provided by the Department of Justice. (B) The department shall retain a copy of each individual’s criminal offender record information search response until the date that the convictions that are the subject of the exception are no longer within the 10-year period specified in subdivision (b), and shall record the date the copy of the response was provided to the individual and the department. (C) The criminal offender record information search response shall not be made available by the department to any individual other than the provider applicant. (g) (1) Upon written notification that the department has determined that a request for exception shall be denied, the applicant may request an administrative hearing by submitting a written request to the department within 15 business days of receipt of the written notification. Upon receipt of a written request, the department shall hold an administrative hearing consistent with the procedures specified in Section 100171 of the Health and Safety Code, except where those procedures are inconsistent with this section. (2) A hearing under this subdivision shall be conducted by a hearing officer or administrative law judge designated by the director. A written decision shall be sent by certified mail to the applicant. (h) The department shall revise the provider enrollment form developed pursuant to Section 12305.81 to include both of the following: (1) The text of subdivision (c) of Section 290 of the Penal Code, subdivision (c) of Section 667.5 of the Penal Code, subdivision (c) of Section 1192.7 of the Penal Code, and paragraph (2) of subdivisions (c) and (g) of Section 10980. (2) A statement that the provider understands that if he or she has been convicted, or incarcerated following conviction for, any of the crimes specified in the provisions identified in paragraph (b) in the last 10 years, and has not received a certificate of rehabilitation or had the information or accusation dismissed, as provided in subdivision (c), he or she shall only be authorized to receive payment for providing in-home supportive services under an individual waiver or general exception as described in this section, and upon meeting all other applicable criteria for enrollment as a provider in the program. (i) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations implementing these provisions no later than July 1, 2011. The department may readopt any emergency regulation authorized by this section that is the same as or substantially equivalent to an emergency regulation previously adopted under this section. (2) The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted. (j) In developing the individual waiver form and all-county letters or information notices or similar instructions, the department shall consult with stakeholders, including, but not limited to, representatives of the county welfare departments, and representatives of consumers and providers. The consultation shall include at least one in-person meeting prior to the finalization of the individual waiver form and all-county letters or information notices or similar instructions. (Amended by Stats. 2012, Ch. 47, Sec. 35. (SB 1041) Effective June 27, 2012.)
  116. 12306.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The state and counties must share the cost of services under this article, and the state must pay counties the amount that exceeds the county share, with different payment rules for some Medi-Cal eligible services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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’ share of costs for the nonfederal portion of these services at 35 percent, with the state responsible for the remaining 65 percent of these costs. This cost-sharing ratio was the basis for determining the counties’ and the state’s share of costs for these services in the 2017–18 fiscal year. (b) Beginning in the 2017–18 fiscal year and each fiscal year thereafter, the state and counties shall share the annual cost of providing services under this article as specified in this section. (c) The county share of cost of providing these services shall be the County IHSS Maintenance of Effort pursuant to Section 12306.16. (d) (1) Except as provided in paragraph (2), the state shall pay to each county, from the General Fund and any federal funds received under Title XX of the federal Social Security Act available for that purpose, the difference between the actual total cost of providing services under this article that exceeds the county share as specified in subdivision (c). (2) For services eligible for federal funding pursuant to Title XIX of the federal Social Security Act under the Medi-Cal program, the state shall pay to each county, from the General Fund and any funds available for that purpose the difference between the actual nonfederal cost of providing services under this article that exceeds the county share as specified in subdivision (c). (Repealed and added by Stats. 2017, Ch. 25, Sec. 21. (SB 90) Effective June 27, 2017.)
  117. 12306.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    County and state funding for certain home-supportive-services wage or benefit increases is subject to approval and cost-sharing rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 in provider wages or benefits is adopted by ordinance pursuant to Article 1 (commencing with Section 9100) of Chapter 2 of Division 9 of the Elections Code, then the county shall use county-only funds to fund both the county share and the state share, including employment taxes, of any increase in the cost of the program, unless otherwise provided for in the annual Budget Act or appropriated by statute. No increase in wages or benefits locally negotiated, mediated, imposed, or adopted by ordinance pursuant to this section, and no increase in the public authority administrative rate, shall take effect unless and until, prior to its implementation, the increase is reviewed and determined to be in compliance with state law and the department has obtained the approval of the State Department of Health Care Services for the increase pursuant to a determination that it is consistent with federal law and to ensure federal financial participation for the services under Title XIX of the federal Social Security Act, and unless and until all of the following conditions have been met: (1) Each county has provided the department with documentation of the approval of the county board of supervisors of the proposed public authority or nonprofit consortium rate, including wages and related expenditures. The documentation shall be received by the department before the department and the State Department of Health Care Services may approve the rate increase. (2) Each county has met department guidelines and regulatory requirements as a condition of receiving state participation in the rate. (b) Any rate approved pursuant to subdivision (a) shall take effect commencing on the first day of the month subsequent to the month in which final approval is received from the department. The department may grant approval on a conditional basis, subject to the availability of funding. (c) The state shall pay 65 percent, and each county shall pay 35 percent, of the nonfederal share of wage and benefit increases pursuant to subdivision (a) and associated employment taxes, only in accordance with subdivision (d). (d) (1) The state shall participate in a total of wages and individual health benefits up to twelve dollars and ten cents ($12.10) per hour until the amount specified in paragraph (1) of subdivision (b) of Section 1182.12 of the Labor Code reaches twelve dollars ($12) per hour at which point the state shall participate as provided in paragraph (2). (2) For any increase in wages or individual health benefits locally negotiated, mediated, or imposed by a county, public authority, or nonprofit consortium, and the rate increase is approved by the department, or any increase in provider wages or benefits adopted by ordinance pursuant to Article 1 (commencing with Section 9100) of Chapter 2 of Division 9 of the Elections Code, the state shall participate as provided in subdivision (c) in a total of wages and individual health benefits up to one dollar and ten cents ($1.10) per hour above the amount per hour specified for the corresponding year in paragraph (1) of subdivision (b) of, subdivision (c) of, and subdivision (d) of, Section 1182.12 of the Labor Code. (3) (A) For a county that is at or above twelve dollars and ten cents ($12.10) per hour in combined wages and individual health benefits, the state shall participate as provided in subdivision (c) in a cumulative total of up to 10 percent within a three-year period in the sum of the combined total of changes in wages or individual health benefits, or both. (B) The state shall participate as provided in subparagraph (A) for no more than two three-year periods that commence prior to the date that the minimum wage reaches the amount specified in subparagraph (F) of paragraph (1) of subdivision (b) of Section 1182.12 of the Labor Code, and no more than two three-year periods that commence on or after the date that the minimum wage reaches the amount specified in subparagraph (F) of paragraph (1) of subdivision (b) of Section 1182.12 of the Labor Code, after which point the county shall pay the entire nonfederal share of any future increases in wages and individual health benefits that exceed the amount specified in paragraphs (1) and (2). (C) A three-year period is defined as three consecutive years. A new three-year period can only begin after the last year of the previous three-year period. (4) Paragraphs (2) and (3) do not apply to contracts executed, or to increases in wages or individual health benefits, locally negotiated, mediated, imposed, or adopted by ordinance, prior to July 1, 2017. (Amended by Stats. 2021, Ch. 85, Sec. 56. (AB 135) Effective July 16, 2021.)
  118. 12306.17.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The section funds part of counties’ IHSS costs with General Fund money and Vehicle License Fee growth revenues, and requires the Department of Finance to consult with county officials on distributing the offset.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 Act and redirected 1991 Realignment Vehicle License Fee growth revenues pursuant to subdivision (c) of Section 17606.20, as follows: (1) (A) There is hereby appropriated three hundred sixty-three million nine hundred ninety-eight thousand dollars ($363,998,000) from the General Fund for the 2017–18 fiscal year to offset a portion of IHSS costs incurred by counties. This amount reflects the difference between the combined estimated amounts of 2016–17 and 2017–18 Vehicle License Fee growth revenues that would have been deposited into the Family Support Subaccount of the Vehicle License Fee Account of the Local Revenue Fund pursuant to Section 17600.50 and four hundred million dollars ($400,000,000). (B) The amount of General Fund moneys appropriated in the 2017–18 fiscal year pursuant to subparagraph (A) shall be increased or decreased by the Department of Finance based on revised 2016–17 and 2017–18 Vehicle License Fee growth revenue estimates included in the 2018–19 Governor’s Budget and subsequent May Revision, such that the total offset equals four hundred million dollars ($400,000,000). (C) The amount of General Fund moneys appropriated in the 2017–18 fiscal year for the In-Home Supportive Services program pursuant to subparagraphs (A) and (B) shall be available for encumbrance or expenditure until June 30, 2018. (2) For the 2018–19 fiscal year, the amount of the General Fund offset provided shall be the difference between the amount of 2018–19 Vehicle License Fee growth revenues that would have been deposited into the Family Support Subaccount of the Vehicle License Fee Account of the Local Revenue Fund pursuant to Section 17600.50 and three hundred thirty million dollars ($330,000,000). (b) The Department of Finance shall consult with the California State Association of Counties to determine the distribution of General Fund moneys available for offset of each county’s IHSS costs in each fiscal year as specified in subdivision (a). (Amended by Stats. 2019, Ch. 27, Sec. 80. (SB 80) Effective June 27, 2019.)
  119. 12306.18.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The Director of Finance may authorize county loans from the General Fund, and counties must request them with required information; approved loans must be paid and repaid under the stated schedule and limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 the county resulting from the County’s IHSS MOE pursuant to Sections 12306.16, 12306.17, and 17606.20. (b) To be considered for a loan, the county shall submit a request, after approval by the county board of supervisors, to the Director of Finance that includes all of the following: (1) Information that demonstrates that the county is experiencing significant financial hardship. (2) The amount of funding requested. (3) The duration of the loan, not to exceed three years. (c) The Director of Finance shall respond to a request in writing within 45 days. If approved, the written notice shall include the repayment schedule as determined by the Director of Finance, in consultation with the county, and the interest rate, which shall not exceed the rate earned by the Pooled Money Investment Account at the time of the loan. The Director of Finance may waive interest charges at any time. (d) The Director of Finance, in consultation with the county, shall provide a schedule to the Controller for the disbursement of the loan amount for each county that receives a loan under this section. The Controller shall pay the county per the schedule within 14 days of receipt. (e) Loans shall be available in the 2017–18, 2018–19, and 2019–20 fiscal years. The sum of all loans approved during any fiscal year pursuant to this section shall not exceed twenty-five million dollars ($25,000,000). (f) The county shall submit loan installment payments to the Controller as specified in subdivision (c) and notify the Director of Finance when each payment is made. (Added by Stats. 2017, Ch. 25, Sec. 28. (SB 90) Effective June 27, 2017.)
  120. 12306.19.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The department must review IHSS county administration budgeting, report the review’s impact on county administrative costs to legislative budget committees by the budget deadlines, and consult specified stakeholders when implementing the section.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 ongoing workload and administrative costs to counties as part of the review for the 2025–26 fiscal year, the 2029–30 fiscal year, and every third fiscal year thereafter. (b) The department shall provide information to the appropriate legislative budget committees regarding this review and how it may impact county administrative costs, as part of the budget proposed by either January 10 or May 14 of any year prior to the fiscal year for which this subdivision applies. (c) In implementing this section, the department shall consult legislative staff, representatives of county human services agencies, the County Welfare Directors Association of California, advocate representatives, and labor organizations that represent county workers. (Amended by Stats. 2026, Ch. 26, Sec. 20. (AB 152) Effective June 29, 2026.)
  121. 12306.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    For the 2000–01 fiscal year, the state pays 65% and each county pays 35% of the nonfederal share of certain county-granted provider wage increases, up to 3% above the statewide minimum wage.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 nonfederal share of any increase to individual provider wages a county chooses to grant, up to 3 percent above the statewide minimum wage. (b) This section shall not apply to providers who are employees of a public authority or nonprofit consortium pursuant to Section 12301.6. (c) This section shall be operative on January 1, 2001. (Added by Stats. 2000, Ch. 108, Sec. 44.8. Effective July 10, 2000. Section operative January 1, 2001, by its own provisions.)
  122. 12306.21.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    For fiscal year 2001–02, the state and counties share the nonfederal cost of county-granted increases to individual provider wages, with the state paying 65% and counties paying 35%, up to 5.31% above the statewide minimum wage.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 nonfederal share of any increase to individual provider wages a county chooses to grant, up to 5.31 percent above the statewide minimum wage. (b) This section shall not apply to providers who are employees of a public authority or nonprofit consortium pursuant to Section 12301.6. (c) This section shall become operative on July 1, 2001. (Added by Stats. 2001, Ch. 111, Sec. 37. Effective July 30, 2001. Applicable from July 1, 2001, by its own provisions.)
  123. 12306.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The department must consult stakeholder organizations, develop and evaluate options for health care benefits for certain uninsured in-home supportive services providers, and report its findings and recommendations to the Legislature by January 15, 2001.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 department shall develop and evaluate various options for providing health care benefits for uninsured individual in-home supportive services providers who are not employees of a public authority or nonprofit consortium under Section 12301.6. The department shall report its findings and recommendations to the Legislature by January 15, 2001. (Added by Stats. 2000, Ch. 108, Sec. 45. Effective July 10, 2000.)
  124. 12306.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Agencies that keep a list or registry of prospective in-home supportive services providers must require proof of identification from each prospective provider before adding them or sharing their name.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 proof of identification from a prospective provider. This identification shall be provided prior to placing the prospective provider on a list or registry or supplying a name from the list or registry to an applicant for, or recipient of, in-home supportive services. (b) For purposes of this section, proof of identification includes, but is not limited to, a positive photograph identification from a government source. (Added by Stats. 1986, Ch. 795, Sec. 1.)
  125. 12306.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    This section creates supplementary payments for in-home supportive services providers, funded from a designated revenue fund, and sets conditions for implementation, regulation, and termination.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 of this section, but no earlier than January 1, 2012, and concurrent with the collection of the sales tax extended to support services pursuant to Article 4 (commencing with Section 6150) of Chapter 2 of Part 1 of Division 2 of the Revenue and Taxation Code, a provider of in-home supportive services shall receive a supplementary payment under this article equal to a percentage, as set forth in paragraph (2), of the gross receipts, as defined in subdivision (b) of Section 6150 of the Revenue and Taxation Code, of the provider for the sale of in-home supportive services, plus an amount described in paragraph (3) if applicable. If the underlying payment for in-home supportive services that is being supplemented is a Medi-Cal payment, then the supplementary payment shall also be a Medi-Cal payment. Supplementary payments shall be made only to those providers from whom the tax imposed pursuant to Section 6151 of the Revenue and Taxation Code has been collected. (2) The percentage applicable to the supplementary payment required by paragraph (1) shall equal the rate described in subdivision (b) of Section 6151 of the Revenue and Taxation Code and shall only be applied to services provided under this article, including personal care option services reimbursable under the Medi-Cal program. (3) The supplementary payment of an individual provider whose payroll withholding required for federal income tax purposes and for purposes of taxation for the Social Security and Medicare programs is increased due to the supplementary payment, in comparison to the amounts for those purposes that would be withheld without the supplementary payment, shall be increased by an additional amount that is equal to the amount of this additional federal withholding. (b) (1) All revenues deposited in the Personal Care IHSS Quality Assurance Revenue Fund established pursuant to Section 6168 of the Revenue and Taxation Code shall be used solely for purposes of the In-Home Supportive Services program, including, but not limited to, those services provided under the Medi-Cal program. All supplementary payments required by this section shall be paid from the Personal Care IHSS Quality Assurance Revenue Fund. (2) The Director of Finance shall determine the sum required to be deposited in the Personal Care IHSS Quality Assurance Revenue Fund to fund the initial supplementary payments from the fund. As soon thereafter as reasonably possible, this sum shall be transferred, in the form of a loan, from the General Fund to the Personal Care IHSS Quality Assurance Revenue Fund. At the time sufficient revenues have been deposited in the Personal Care IHSS Quality Assurance Revenue Fund pursuant to Section 6168 of the Revenue and Taxation Code to sustain the continued operation of the fund for that portion of the supplementary payment described in paragraph (2) of subdivision (a) plus an additional amount equal to the General Fund loan made pursuant to this paragraph, plus interest, the sum transferred from the General Fund, including interest, shall be repaid to the General Fund. Subsequent supplementary payments pursuant to this section shall be made from revenue deposited in the Personal Care IHSS Quality Assurance Revenue Fund pursuant to Section 6168 of the Revenue and Taxation Code. (3) The Department of Finance, on an ongoing basis, shall determine the amount necessary to implement paragraph (3) of subdivision (a), and subdivision (c) of Section 12302.2, and immediately transfer this amount from the General Fund to the Personal Care IHSS Quality Assurance Revenue Fund. (c) (1) The Director of Health Care Services shall seek all federal Medicaid approvals necessary to implement this section, including using the revenues obtained pursuant to Article 4 (commencing with Section 6150) of Chapter 2 of Part 1 of Division 2 of the Revenue and Taxation Code as the nonfederal share for supplementary payments. As part of that request for approval, the director shall seek to make the supplementary payments effective as of January 1, 2012. (2) This section shall become operative only if the federal Centers for Medicare and Medicaid Services grants Medicaid approvals sought pursuant to paragraph (1). (3) If Medicaid approval is granted pursuant to paragraph (2), within 10 days of that approval the Director of Health Care Services shall notify the State Board of Equalization and the appropriate fiscal and policy committees of the Legislature of the approval. (d) If Article 4 (commencing with Section 6150) of Chapter 2 of Part 1 of Division 2 of the Revenue and Taxation Code becomes inoperative pursuant to subdivision (b) of Section 6170 of the Revenue and Taxation Code, supplementary payments shall cease to be made pursuant to subdivision (a) when all moneys in the fund have been expended. (e) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department and the State Department of Health Care Services may implement and administer this section through all-county letters or similar instruction from the department and the State Department of Health Care Services until regulations are adopted. The department and the State Department of Health Care Services shall adopt emergency regulations implementing this section no later than 12 months following the initial effective date of the supplementary payments. The department and the State Department of Health Care Services may readopt any emergency regulation authorized by this section that is the same as or substantially equivalent to an emergency regulation previously adopted under this section. (2) The initial adoption of emergency regulations implementing this section and the one readoption of emergency regulations authorized by this subdivision shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review and approval by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted. (f) This section shall remain in effect only until the January 1 following the date supplementary payments cease to be made pursuant to subdivision (d), and as of that date is repealed. (Amended by Stats. 2012, Ch. 47, Sec. 36. (SB 1041) Effective June 27, 2012. Section conditionally operative as provided in subd. (c). Repealed conditionally as prescribed by its own provisions.)
  126. 12307.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    This section says certain 1974 amendments were not a change in the law, but instead stated the existing law.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 of the Statutes of 1974 do not constitute a change in, but are declaratory of, the preexisting law. (Added by Stats. 1976, Ch. 504.)
  127. 12308.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Funding for this article must follow Part 1.5 of this division, starting with Section 10100.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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: Repeal conditions in Sec. 14 of Ch. 1235 failed.)
  128. 12309.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The department must develop a uniform needs assessment tool, and counties must use it when administering this article.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 tool. (b) (1) Each county shall, in administering this article, use the uniform needs assessment tool developed pursuant to subdivision (a) in collecting and evaluating information. (2) For purposes of paragraph (1), “information” includes, but is not limited to, all of the following: (A) The recipient’s living environment. (B) Alternative resources. (C) The recipient’s functional abilities. (c) (1) The uniform needs assessment tool developed pursuant to subdivision (a) shall evaluate the recipient’s functioning in activities of daily living and instrumental activities of daily living. (2) The recipient’s functioning shall be quantified, using the general hierarchical five-point scale for ranking each function, as specified in subdivision (d). (d) The recipient’s functioning ranks shall be as follows: (1) Rank one. A recipient’s functioning shall be classified as rank one if his or her functioning is independent, and he or she is able to perform the function without human assistance, although the recipient may have difficulty in performing the function, but the completion of the function, with or without a device or mobility aid, poses no substantial risk to his or her safety. (2) Rank two. A recipient’s functioning shall be classified as rank two if he or she is able to perform a function, but needs verbal assistance, such as reminding, guidance, or encouragement. (3) Rank three. A recipient’s functioning shall be classified as rank three if he or she can perform the function with some human assistance, including, but not limited to, direct physical assistance from a provider. (4) Rank four. A recipient’s functioning shall be classified as rank four if he or she can perform a function, but only with substantial human assistance. (5) Rank five. A recipient’s functioning shall be classified as rank five if he or she cannot perform the function, with or without human assistance. (Amended by Stats. 2013, Ch. 4, Sec. 9. (SB 67) Effective May 30, 2013.)
  129. 12309.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    Applicants or recipients of In-Home Supportive Services must get a health care certification, and counties generally cannot authorize services without it.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 from a licensed health care professional, including, but not limited to, a physician, physician assistant, regional center clinician or clinician supervisor, occupational therapist, physical therapist, psychiatrist, psychologist, optometrist, ophthalmologist, or public health nurse, declaring that the applicant or recipient is unable to perform some activities of daily living independently, and that without services to assist the applicant or recipient with activities of daily living, the applicant or recipient is at risk of placement in out-of-home care. (1) For purposes of this section, a licensed health care professional means an individual licensed in California by the appropriate California regulatory agency, acting within the scope of their license or certificate as defined in the Business and Professions Code. (2) Except as provided in subparagraph (A) or (B), or subdivision (c), the certification shall be received prior to service authorization, and services shall not be authorized in the absence of the certification. (A) Services may be authorized prior to receipt of the certification when the services have been requested on behalf of an individual being discharged from a hospital or nursing home and services are needed to enable the individual to return safely to their home or into the community. (B) Services may be authorized temporarily pending receipt of the certification when the county determines that there is a risk of out-of-home placement. (3) The county shall consider the certification as one indicator of the need for in-home supportive services, but the certification shall not be the sole determining factor. (4) The health care professional’s certification shall include, at a minimum, both of the following: (A) A statement by the professional, as defined in subdivision (a), that the individual is unable to independently perform one or more activities of daily living, and that one or more of the services available under the IHSS program is recommended for the applicant or recipient, in order to prevent the need for out-of-home care. (B) A description of any condition or functional limitation that has resulted in, or contributed to, the applicant’s or recipient’s need for assistance. (b) The department, in consultation with the State Department of Health Care Services and with stakeholders, including, but not limited to, representatives of program recipients, providers, and counties, shall develop a standard certification form for use in all counties that includes, but is not limited to, all of the conditions in paragraph (4) of subdivision (a). The form shall include a description of the In-Home Supportive Services program and the services the program can provide when authorized after a social worker’s assessment of eligibility. The form shall not, however, require health care professionals to certify the applicant’s or recipient’s need for each individual service. (c) The department, in consultation with the State Department of Health Care Services and stakeholders, as defined in subdivision (b), shall identify alternative documentation that shall be accepted by counties to meet the requirements of this section, including, but not limited to, hospital or nursing facility discharge plans, minimum data set forms, individual program plans, or other documentation that contains the necessary information, consistent with the requirements specified in subdivision (a). (d) The department shall develop a letter for use by counties to inform recipients of the requirements of subdivision (a). The letter shall be understandable to the recipient, and shall be translated into all languages spoken by a substantial number of the public served by the In-Home Supportive Services program, in accordance with Section 7295.2 of the Government Code. (e) This section does not apply to a recipient who is receiving services in accordance with this article or Section 14132.95 or 14132.952 on the operative date of this section until the date of the recipient’s first reassessment following the operative date of this section, as provided in subdivision (g). (1) The recipient shall be notified of the certification requirement before or at the time of the reassessment, and shall submit the certification within 45 days following the reassessment in order to continue to be authorized for receipt of services. (2) A county may extend the 45-day period for a recipient to submit the medical certification on a case-by-case basis, if the county determines that good cause for the delay exists. (f) A licensed health care professional shall not charge a fee for the completion of the certification form. (g) This section shall become operative on the first day of the first month following 90 days after the effective date of Chapter 8 of the Statutes of 2011, or July 1, 2011, whichever is later. (h) The State Department of Health Care Services shall provide notice to all Medi-Cal managed care plans, directing the plans to assess all Medi-Cal recipients applying for or receiving in-home supportive services, in order to make the certifications required by this section. (i) If the Director of Health Care Services determines that a Medicaid State Plan amendment is necessary to implement subdivision (b) of Section 14132.95, this section shall not be implemented until federal approval is received. (Amended by Stats. 2020, Ch. 370, Sec. 281. (SB 1371) Effective January 1, 2021.)
  130. 12310.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The department may establish pilot projects in Alameda and Marin Counties to test methods for improving equity, efficiency, and lower-cost administration.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 program costs necessary to remain within budget appropriations pursuant to Sections 12301 and 12306, and which use the experience gained and the techniques developed by the in-home supportive services demonstration projects conducted by the University of California in Alameda, Contra Costa, and Marin Counties. The department may establish pilot projects in Alameda and Marin Counties for the purpose of assessing methods which allow for all of the following: (a) Greater equity in decisions regarding eligibility and level of service as a means of reducing program costs. (b) Administrative reforms that promote greater economy in program administration. (c) Less costly processes for periodic redetermination of eligibility and service awards. (Added by Stats. 1981, Ch. 69, Sec. 22.2. Effective June 17, 1981. Operative July 1, 1981, by Sec. 35 of Ch. 69.)
  131. 12311.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The director may grant waivers needed to carry out this section, counties must provide services within their allocation, and the department must evaluate the results of the pilot studies.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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, however, the county must provide services within its allocation. The department shall evaluate the results of these pilot studies which shall include a comparison of results obtained by nonpilot counties in their efforts to maintain a budget-managed in-home supportive services program. (Added by Stats. 1981, Ch. 69, Sec. 22.4. Effective June 17, 1981. Operative July 1, 1981, by Sec. 35 of Ch. 69.)
  132. 12312.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    A county must update its emergency plan to require assessment and provision of supportive services for IHSS recipients.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 services to in-home supportive services (IHSS) recipients, including, but not limited to, the following requirements: (a) Protocols and authorization for county social workers to make expedited assessments of the needs of current and potential IHSS recipients during times of a natural disaster. (b) Protocols to ensure that authorized services will continue to be provided to recipients during times of displacement resulting from a natural disaster. (c) Protocols to address any specific and unique needs of IHSS recipients that have not previously been addressed in the county’s or the city and county’s emergency plan pursuant to Section 8593.3 of the Government Code. (Added by Stats. 2018, Ch. 789, Sec. 6. (SB 1040) Effective January 1, 2019.)
  133. 12314.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The section calls for a pilot program on in-home supportive services and gives the department and director some implementation authority.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 comparative cost effectiveness and quality of care of both contract and individual provider modes of service. The pilot project will test alternative methods to maximize delivery of services under this article within budget appropriations. The project may also investigate the feasibility of the “capitation” method of payment in any or all of the counties participating in the project. County participation shall be on a voluntary basis. The department shall have the authority, if necessary, to reallocate available funds as necessary to ensure the success of the project within the overall state budget. The director may issue waivers, as necessary, pursuant to Section 18204. (Added by Stats. 1982, Ch. 852, Sec. 2.)
  134. 12315.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    This section sets up a pilot IHSS program in five consenting counties, with county-administered public authority services and optional agency contracting for eligible recipients.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 this article through the public authority, as described in Section 12301.6, with a choice of receiving services through the public authority or receiving services through a voluntary nonprofit or proprietary agency pursuant to Section 12302. The pilot project shall be developed to provide services to severely impaired recipients, as described in Section 12303.4. (2) To accomplish this end, the five consenting counties shall administer the In-Home Supportive Services (IHSS) program through a public authority pursuant to Section 12301.6. (3) (A) Following the submission of input and recommendations of the IHSS advisory committee for the county, each participating county, with the consent of the public authority in that county, or the public authority, with the consent of the participating county, shall contract with a voluntary nonprofit or proprietary agency, pursuant to Section 12302. (B) Severely impaired recipients in each participating county may continue to receive supportive services through the county’s public authority, or may choose to receive services through the voluntary nonprofit or proprietary agency, pursuant to paragraph (1). Recipients who choose to receive services through the voluntary nonprofit or proprietary agency shall be compensated only for those services described in the recipients’ then-existing care plan, as approved by the county social worker. (4) Administrative costs of the pilot project, including the cost of developing guidelines other than the guidelines in this section and the cost of administering the project and providing oversight, shall not be paid by the state. Instead, an estimate of administrative costs shall be included in the county request for proposal for each contract with the voluntary nonprofit or proprietary agency and administrative costs shall then be paid by the agency up to the amount estimated unless the county and agency reach an alternative cost-sharing agreement in the contract that does not involve state participation. (b) (1) (A) For purposes of this section, to the extent possible, all providers employed by the voluntary nonprofit or proprietary agency shall be persons previously listed on the public authority’s registry. The agency shall, pursuant to the contract, continually recruit and provide the public authority with names of new workers for the registry. (B) The voluntary nonprofit or proprietary agency in each participating county shall provide for training for all providers recruited pursuant to this paragraph. A public authority may retain the voluntary nonprofit or proprietary agency to provide these services for and under the direction of the public authority. A public authority shall not be eligible to receive reimbursement for any costs associated with administering the pilot project. This shall not prohibit any public authority from using the funding it receives pursuant to paragraph (4) of subdivision (a) for newsletters and other means of communication about training opportunities available through the voluntary nonprofit or proprietary agency. (C) All providers employed by the voluntary nonprofit or proprietary agency shall be paid no less than the wages and benefits provided for in the public authority’s collective bargaining agreement, provided that this provision shall not obligate the state to participate in a contract rate higher than the maximum allowable contract rate. However, providers employed by the voluntary nonprofit or proprietary agency are not covered by any existing collective bargaining agreements with the public authority. (2) A voluntary nonprofit or proprietary agency that contracts with a participating county pursuant to subdivision (a) shall perform all of the following duties: (A) Maintain a live, on-call emergency service response system that is available 24 hours a day, seven days a week. (B) Replace or supplement providers for a recipient who needs immediate service for the sake of preserving his or her health or safety within two hours of notification. (C) To the extent possible, employ the recipient’s preferred provider or providers. (D) If required by the county, provide emergency backup services to severely impaired IHSS recipients when there is an unexpected interruption in services. (E) Maintain a list of its providers with the public authority. (F) Establish and maintain an upskilling program, based on practices in existing agency contracts, wherein employees may have the opportunity to use work experience and training toward upward movement on a long-term care career ladder. Any costs associated with the development and maintenance of the upskilling program shall be paid solely by the voluntary nonprofit or proprietary agency. (G) Be liable for any fraud, waste, or abuse for which it is responsible. (3) For the duration of the pilot project, supportive services not provided in any month due to hospitalization, illness, refusal, or other cause not within the control of the provider shall not be made up in a subsequent period without caseworker approval. (c) (1) In each participating county, the IHSS advisory committee, as described in Section 12301.3, shall monitor the pilot program. (2) Each participating county shall not be eligible to receive state reimbursement of administrative costs associated with monitoring the pilot program. Any administrative costs incurred by a public authority for monitoring the pilot project shall be paid to the public authority pursuant to paragraph (4) of subdivision (a). Any advisory committee expenses incurred as a result of this pilot project, if determined to be reimbursable to the county, shall be reimbursed with the current advisory committee allocation. (3) Each county pilot project shall continue for four years, provided that if a county takes action to terminate a contract for cause, as defined in the contract, it may then terminate its participation in the pilot project. By the end of the third year, each participating county shall provide for an independent evaluation to assess the success of the pilot program, based on all of the following criteria: (A) Consumer satisfaction. (B) Cost-effectiveness. (C) Average turnover of providers. (D) The effect of the pilot project on non-IHSS vendors, workers, and referral agencies. (E) Worker satisfaction. (F) The extent to which counties identify, refer to, and work with appropriate agencies in investigation, administrative action, or prosecution of instances of fraud, as defined in subdivision (a) of Section 12305.8, in the provision of supportive services. (d) All costs associated with the independent evaluation shall be paid solely by the voluntary nonprofit or proprietary agency. (e) The independent evaluation shall be sent directly to the appropriate policy and fiscal committees of the Legislature. (f) County social workers shall continue to establish eligibility, needs, and frequency of service and serve as recipient advocates, as appropriate. (Amended by Stats. 2009, Ch. 140, Sec. 196. (AB 1164) Effective January 1, 2010.)
  135. 12316.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    San Francisco may run a three-year pilot project for pooled in-home supportive services at up to five nonprofit HUD-subsidized senior housing facilities, subject to several county, department, and consumer procedures.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 under this article through a modified delivery system in no more than five HUD-subsidized senior housing facilities owned by nonprofit organizations. If the department deems that a waiver of statutes or regulations is necessary, the pilot project shall be operated in accordance with that waiver. The purpose of the pilot project shall be to improve consumer satisfaction with in-home supportive services. (b) (1) A pool of providers shall be selected by consumers, site staff, and the county to provide in-home supportive services under the pilot project consistent with the county’s uniform assessment of needs as specified in Section 12309. (2) Authorized nonmedical personal services shall be provided under the pilot project by providers in the pool at the times and frequency appropriate to meet each consumer’s need intermittently throughout the course of the day. (3) A memorandum of understanding between the county and the specific sites shall be signed before the project begins. (c) (1) Consumers shall sign a disclosure form that explains the consumer’s rights and responsibilities as an indication of their election to participate in the pilot project. (2) Consumers who live in designated senior housing projects shall be offered the option of being serviced by the pilot project. These consumers shall have the option to change that decision at any time. (d) As a separate consumer option under the pilot project, designated related services shall be provided for several consumers simultaneously. (e) The county shall monitor the provision of services under the pilot project to ensure that the level and quality of services provided through the pilot project is at least at the same level that would have been provided under the nonpilot project individual provider service delivery as provided in Section 12302. (f) (1) The department shall, in conjunction with the county, develop a provider timesheet and daily log to track the work performed by providers under the pilot project to ensure appropriate provider payment and to track the work provided for each consumer back to the consumer’s authorization. (2) It is the intent of the Legislature that provider payment be issued by the state’s Case Management Information and Payroll System (CMIPS) to each provider who provides services pursuant to the pilot project. (g) At the end of three years, the county shall evaluate the success of the pilot project implemented under this section. If the pilot project is successful, the department shall, at the county’s request, extend the pilot project for an additional two years. The success of the pilot project shall be evaluated based on the following factors: (1) Consumer satisfaction. (2) Cost effectiveness. (3) Average turnover of providers. (h) In evaluating the project, the county shall ensure all of the following: (1) An independent, impartial, outside evaluator or a county employee independent of the project shall be used. (2) If the county decides to employ an outside evaluator, the county shall be responsible for all costs associated with the evaluation. (3) The department shall approve the evaluation design and plan. (4) Quarterly progress reports shall be completed. (5) If a federal waiver is required, the county shall follow federal waiver evaluation criteria requirements. (i) The department may waive the enforcement of specific statutory requirements, regulations, and standards in the county by formal order of the director pursuant to Section 18204. (j) The department, in coordination with the Director of Health Services, shall seek any federal waivers or approvals necessary for continued funding of the Personal Care Services Program (PCSP) pursuant to Section 14132.95 of the Welfare and Institutions Code. The State Department of Health Services shall have 30 days from the date of request by the county to make a determination of the need to seek federal approval and, if the department deems the approval to be necessary, to formally request the approval. The implementation of the pilot project shall occur after any necessary federal waivers or approvals are obtained. (k) The pilot project shall be cost-neutral to the state. (Added by Stats. 1998, Ch. 479, Sec. 1. Effective January 1, 1999.)
  136. 12316.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The department must run the Career Pathways Program for eligible in-home supportive services and related providers, approve training, pay providers for training time, and report on the pilot project. Providers can participate voluntarily, and recipients keep control over hiring, firing, training, and directing services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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, 14132.952, or 14132.956, or waiver personal care services under Section 14132.97, to increase the quality of care, recruitment and retention of providers for recipients and to provide training opportunities for career advancement in the home care and health care industries. Providers who have completed provider enrollment but who may not currently be providing services to a recipient, and are eligible to work for a recipient, including registry and emergency backup providers, may participate in the Career Pathways Program. (2) The objectives of the career pathways include, but are not limited to, all of the following: (A) Promotion of recipient self-determination principles. (B) Dignity in providing and receiving care through meaningful collaboration between the recipient and provider. (C) Advancement of health and service equity, including the quality of care, care outcomes, and life. (D) Promotion of a culturally and linguistically competent workforce to serve the growing racial, ethnic, and linguistic diversity of an aging population. (E) Increase in both provider employment retention and recruitment of new providers to maintain a stable workforce for recipients. (3) Each career pathway shall include multiple courses of related curriculum on a given topic. Five career pathways shall be offered, including all of the following: (A) The basic skills career pathways are (i) general health and safety and (ii) adult education topics. (B) The specialized skills career pathways are (i) cognitive impairments and behavioral health, (ii) complex physical care needs, and (iii) transitioning to home and community-based living from out-of-home care or homelessness. (b) In administering this section, the department shall do all of the following: (1) Review and approve proposed training curriculum that is consistent with the requirements of subdivision (a). (2) Upon completion of a competitive process, enter into agreements with multiple qualified third-party entities that the department deems qualified to provide training as approved pursuant to subparagraph (1). (3) Determine the methodology and distribution of appropriated funds pursuant to this section. (c) (1) For purposes of this section, “qualified third-party entity” means a county, public authority, or nonprofit consortium as defined in Section 12301.6, a nonprofit entity that is tax exempt pursuant to Section 501(c)(3) of the Internal Revenue Code, or a Taft-Hartley Labor Management Partnership. For-profit entities are strictly excluded from this definition. (2) A qualified third-party entity shall have both of the following: (A) Experience in training in person or online, using live instructor-led sessions or self-paced learning modules, which include a competency-based curriculum that is grounded in adult educational principles and that supports multiple languages wherever possible. (B) The capacity to recruit and enroll providers electronically, in person, or both. (d) Provider participation in the training described in subdivision (a) shall be voluntary, and the training shall be offered at no cost to providers. Providers shall be compensated for each hour of training at a rate equivalent to the county’s hourly negotiated wage rate for in-home supportive services providers. Counties and public authorities shall not be required to provide any funding for compensation to providers for training provided pursuant to this section. (e) To the extent possible, career pathways may include curriculum that promotes retention of providers or that meets licensing and certification course requirements to assist providers in achieving their identified career advancement in the home care and health care industries. (f) A provider shall be eligible to receive an incentive payment or multiple incentive payments, with an incentive payment available for each of the individual activities specified in paragraphs (1) to (3), inclusive. The amounts of the incentive payments shall be determined by the department, in collaboration with the employer representative unions, county human services agencies and their representatives, public authorities or nonprofit consortia as defined in Section 12301.6, and other relevant stakeholders. The individual activities eligible for incentive payments pursuant to this subdivision include all of the following: (1) Successfully completing 15 hours of coursework for a specific career pathway. (2) Successfully completing 15 hours of coursework for a specialized skills career pathway, subsequently beginning work for a recipient who needs that type of specialized care, and providing 40 authorized hours of care to one or more recipients in the first month of service. (3) Successfully completing 15 hours of coursework for a specialized skills career pathway, subsequently beginning work for a recipient who needs that type of specialized care, and providing 40 authorized hours of care to one or more recipients per month for at least six months. (g) A qualified third-party entity that has entered into an agreement with the department pursuant to subdivision (b) shall inform providers of the availability of career pathways training described in this section. The qualified third-party entity or entities, pursuant to the aforementioned agreement or agreements, shall assist interested providers in registering for offered courses for desired career pathways identified by the provider and track the successful completion of the coursework by a provider. (h) Incentive payments set forth in subdivision (f), when applicable, shall be issued by the department through the Case Management Information and Payrolling System (CMIPS). (i) The recipient, as the provider’s employer, shall continue to have the right to hire, fire, train, and direct services provided by their provider. (j) This section shall be implemented as a pilot project no later than September 1, 2022, or as soon as the necessary automation occurs to implement this section. Except for subdivision (l) to accommodate the September 30, 2025, reporting deadline, this section shall remain operative until March 31, 2025, or until a later date, subject to an appropriation. (k) The department shall contract with an entity, separate from the participating qualified third-party entities, to complete an evaluation of the pilot project that shall include all of the following criteria: (1) The number of new and existing providers who enrolled in courses to pursue a career pathway. (2) The number of providers that successfully completed a career pathway and identification of the career pathways completed. (3) Pursuant to provider surveys, focus groups, and interviews, the effectiveness of the training and whether the successful completion of a career pathway resulted in a related license or certificate as well as new or retained employment in the home care and health care industries. (4) The number of providers who were subsequently employed by a recipient with specialized care needs after completing a specialized career pathway and were retained in that employment for a period of at least six months. (5) The number of providers who were subsequently employed by a recipient with specialized care needs after completing a specialized career pathway and were retained in that employment for a period of at least 12 months. (6) The incentive payment amount administered to in-home supportive services providers and waiver personal care services providers for each incentive payment category, pursuant to this section. (l) An interim report containing updated information on the components specified in subdivision (k) shall be submitted to the Legislature, in compliance with Section 9795 of the Government Code, by no later than May 1, 2023, with a final report of the evaluation of the pilot project submitted to the Legislature by September 30, 2025. (m) Agreements entered into pursuant to this section shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, the Public Contract Code, and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services. (n) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of all-county letters or similar instructions. (o) If funding is provided for purposes of this section pursuant to Section 11.95 of the Budget Act of 2021 (Chapter 69 of the Statutes of 2021), that funding shall only be used to implement the activities set forth in this section for which the State Department of Health Care Services obtains the necessary federal approval for the Career Pathways Program pursuant to paragraph (1) of subdivision (g) of Section 14124.12. (Amended by Stats. 2023, Ch. 43, Sec. 59. (AB 120) Effective July 10, 2023. Inoperative March 31, 2025, or a later date, as prescribed by its own provisions. Note: Subdivision (l) to remain operative through September 30, 2025.)
  137. 12316.9.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The State Department of Social Services may contract for payroll-related functions and may consider alternatives when deciding whether to do so.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 the wages of providers that are authorized by paragraph (2) of subdivision (i) of Section 12301.6 and subdivision (b) of Section 12302.2, subject to the same statutory requirements that apply to the State Controller when making such deductions. (b) In determining whether to contract, as described in subdivision (a), the department may consider potential alternatives, with the intent of avoiding disruptions of payroll and deductions processes and the operations of the In-Home Supportive Services program. (Added by Stats. 2025, Ch. 110, Sec. 7. (SB 156) Effective September 17, 2025.)
  138. 12317.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The State Department of Social Services must procure and implement a new CMIPS system for IHSS/PCSP, and the system must meet specified reporting, accuracy, fraud-prevention, and coordination requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 Supportive Services Program and Personal Care Services Program (IHSS/PCSP). This section shall not be interpreted to transfer any of the IHSS/PCSP policy responsibilities from the State Department of Social Services or the State Department of Health Care Services. (b) At a minimum, the new system shall provide case management, payroll, and management information in order to support the IHSS/PCSP, and shall do all of the following: (1) Provide current and accurate information in order to manage the IHSS/PCSP caseload. (2) Calculate accurate wage and benefit deductions. (3) Provide management information to monitor and evaluate the IHSS/PCSP. (4) Coordinate benefits information and processing with the California Medicaid Management Information System. (c) The new system shall be consistent with current state and federal laws, shall incorporate technology that can be readily enhanced and modernized for the expected life of the system, and, to the extent possible, shall employ open architectures and standards. (d) By August 31, 2004, the State Department of Social Services shall begin a fair and open competitive procurement for the new CMIPS. All state agencies shall cooperate with the State Department of Social Services and the California Health and Human Services Agency Data Center to expedite the procurement, design, development, implementation, and operation of the new CMIPS. (e) The State Department of Social Services, with any necessary assistance from the State Department of Health Care Services, shall seek all federal approvals and waivers necessary to secure federal financial participation and system design approval of the new system. (f) The new CMIPS shall include features to strengthen fraud prevention and detection, as well as to reduce overpayments. Program requirements shall include, but shall not be limited to, the ability to readily identify out-of-state providers, recipient hospital stays that are five days or longer, and excessive hours paid to a single provider, and to match recipient information with death reports. This functionality shall be available by April 1, 2010, and implemented statewide by July 1, 2011. (Amended by Stats. 2008, Ch. 759, Sec. 33. Effective September 30, 2008.)
  139. 12317.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The department may make interagency agreements with the State Department of Health Services to administer certain approved federal waivers and related services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 services provided under Section 14132.95, and to deliver waiver services in the same manner as services delivered pursuant to this article, and as authorized by Section 1396a(a)(11)(A) of Title 42 of the United States Code, which provides that California’s state plan for medical assistance under the Medicaid program allows the State Department of Health Services, as the single state Medicaid agency, to “enter into cooperative arrangements with the State agencies responsible for administering or supervising the administration of health services and vocational rehabilitation services in the State looking toward maximum utilization of such services in the provision of medical assistance under the plan.” If an interagency agreement is entered into pursuant to this section, it shall come within the provisions of Section 14000.03. (Added by Stats. 2004, Ch. 229, Sec. 53. Effective August 16, 2004.)
  140. 12317.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    If there is a conflict, the waiver controls for covered services, and the department must issue updated county instructions and post them online.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 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 of this part or any regulation adopted for the purpose of implementing this part, the terms of the waiver shall control to the extent that the services are covered under the waiver. If the department determines that a conflict exists, the department shall issue updated instructions to counties for purposes of implementing necessary program changes. The department shall post a copy of, or a link to, the instructions on its Web site. (b) The authority to waive or modify provisions of this part pursuant to this section does not include the authority to waive or modify the provisions of Section 12301.2, 12301.6, 12302.25, 12306.1, or 12309. (Added by Stats. 2004, Ch. 229, Sec. 54. Effective August 16, 2004.)
  141. 12318.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. )

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    The State Department of Social Services must prepare or identify sexual-harassment education materials and a uniform data-collection method for the In-Home Supportive Services program, meet with stakeholders, and send the materials to legislative committees by the stated deadline.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 7. In-Home Supportive Services [12300 - 12318] ( Article 7 added by Stats. 1973, Ch. 1216. ) ## 12318. (a) The State Department of Social Services shall, in consultation with interested stakeholders, develop, or otherwise identify, both of the following: (1) Standard educational material about sexual harassment and the prevention thereof to be made available to providers and recipients of in-home supportive services. (2) A proposed method for uniform data collection to identify the prevalence of sexual harassment in the In-Home Supportive Services program. (b) The department shall convene its first meeting with the interested stakeholders no later than February 1, 2019, and shall meet regularly thereafter. (c) The department shall, on or before September 30, 2019, provide a copy of the educational material and a description of the proposed method for uniform data collection to the relevant budget and policy committees of the Legislature. (d) This section does not change the nature of any employment relationship between providers and the county, public authority, nonprofit consortium, or state. (Added by Stats. 2018, Ch. 948, Sec. 1. (AB 3082) Effective January 1, 2019.)
  142. 12350.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 8. Relatives’ Responsibility [12350 - 12351] ( Article 8 repealed and added by Stats. 1975, Ch. 1136. )

    Verify source ↗

    Relatives generally cannot be made legally responsible for supporting, paying for care, or being threatened with penalties for applicants or recipients of aid under this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 8. Relatives’ Responsibility [12350 - 12351] ( Article 8 repealed and added by Stats. 1975, Ch. 1136. ) ## 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 shall be held liable to defray in whole or in part the cost of any medical care or hospital care or other service rendered to the recipient pursuant to any provision of this code if he is an applicant for or a recipient of aid under this chapter at the time such medical care or hospital care or other service is rendered. Notwithstanding Sections 3910, 4400, and 4401 of the Family Code, or Section 270c of the Penal Code, or any other provision of this code, no demand shall be made upon any relative to support or contribute toward the support of any applicant for or recipient of aid under this chapter. No county or city and county or officer or employee thereof shall threaten any such relative with any legal action against him by or in behalf of the county or city and county or with any penalty whatsoever. (Amended by Stats. 1992, Ch. 163, Sec. 153. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  143. 12351.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 8. Relatives’ Responsibility [12350 - 12351] ( Article 8 repealed and added by Stats. 1975, Ch. 1136. )

    Verify source ↗

    The section cancels unpaid sums owed by a responsible relative to the state and counties, if the relative begins and continues compliance with Article 8 through January 1, 1976.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled [12000 - 12351] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 8. Relatives’ Responsibility [12350 - 12351] ( Article 8 repealed and added by Stats. 1975, Ch. 1136. ) ## 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, canceled, and otherwise nullified in whole, any sums due or owing and which yet remain unpaid from a responsible relative under Article 3 (commencing with Section 12100) of Chapter 3 of Part 3 of Division 9 of this code as in effect prior to January 1, 1974, to the state and counties; provided that such responsible relative begins and continues until January 1, 1976, to perform in compliance with the provisions of Article 8 (commencing with Section 12350) of Chapter 3 of Part 3 of Division 9 of this code as in effect from January 1, 1974, to January 1, 1976, inclusive. Nothing in this section shall be construed to give to any responsible relative any right whatever to recover from an applicant, recipient, or county or the state any sum already actually and properly paid by the responsible relative prior to January 1, 1974. (Added by Stats. 1976, Ch. 504.)
  144. 12400.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. Benefits For California Veterans [12400- 12400.] ( Chapter 3.5 added by Stats. 2000, Ch. 143, Sec. 3. )

    Verify source ↗

    Some veterans who already received Section 12200 benefits on December 14, 1999, may keep receiving benefits under this chapter if they meet the listed residency and service conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. Benefits For California Veterans [12400- 12400.] ( Chapter 3.5 added by Stats. 2000, Ch. 143, Sec. 3. ) ## 12400. (a) Notwithstanding any other provision of law, any person receiving benefits under Section 12200 on December 14, 1999, and who meets the requirements of subdivision (b) shall be eligible to receive benefits under this chapter although he or she does not retain a residence in the state and returns to the Republic of the Philippines, if he or she maintains a permanent residence in the Republic of the Philippines without any lapse of his or her presence in the Republic of the Philippines for a period of more than 30 consecutive days in any period of 12 months and without a lapse of his or her presence in the Republic of the Philippines for two periods of 30 consecutive days during a period of three years. (b) A person subject to subdivision (a) shall be eligible to receive benefits pursuant to this chapter if he or she was receiving benefits pursuant to subdivision (a), (b), (c), or (d) of Section 12200 on December 14, 1999, and meets both the following requirements: (1) He or she is a veteran of World War II. (2) He or she was a member of the Government of the Commonwealth of the Philippines military forces who was in the service of the United States on July 31, 1941, or thereafter. (c) Benefits under this chapter shall be calculated the same as those benefits paid under subdivision (a), (b), (c), or (d) of Section 12200, as appropriate. (d) Benefits paid under this chapter shall be in lieu of benefits paid under Section 12200 or any other provision of Article 1 (commencing with Section 12000) of Chapter 3 for the period for which the benefits are paid. (e) Benefits shall be paid under this chapter for any period during which the recipient is eligible to receive benefits under Title 8 of the federal Social Security Act as a result of the application of federal Public Law 106-169, subject to any limitations imposed by this section. (f) This section shall apply only to any individual who returns to the Republic of the Philippines for the period during which the individual establishes and maintains a residence in the Republic of the Philippines and shall cease to apply to any individual who, after receiving benefits pursuant to this section, leaves the Republic of the Philippines and establishes a residence outside the Republic of the Philippines. (g) To assist the state in administering this chapter, the Secretary of the California Health and Human Services Agency shall seek an agreement with the federal government to administer this chapter in conjunction with benefits under Title 8 of the federal Social Security Act. (Added by Stats. 2000, Ch. 143, Sec. 3. Effective July 19, 2000.)
  145. 1250.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 10. The California Youth Training School [1250 - 1258] ( Article 10 added by Stats. 1949, Ch. 303. )

    Verify source ↗

    The section establishes the Heman G. Stark Youth Training School as an institution for the confinement of males under the custody of the Director of Corrections and the Youth Authority.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 10. The California Youth Training School [1250 - 1258] ( Article 10 added by Stats. 1949, Ch. 303. ) ## 1250. There is hereby established an institution for the confinement of males under the custody of the Director of Corrections and the Youth Authority to be known as the Heman G. Stark Youth Training School. (Amended by Stats. 1989, Ch. 555, Sec. 1.)
  146. 12500.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 1. General Provisions [12500 - 12502] ( Article 1 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    This section says emergency or special circumstance payments are meant for certain aid recipients when federal payment is unavailable, lost, stolen, or likely to be delayed more than four days.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 1. General Provisions [12500 - 12502] ( Article 1 added by Stats. 1973, Ch. 1216. ) ## 12500. (a) The purpose of this chapter is to provide payment to meet the needs of recipients under Chapter 3 (commencing with Section 12000), under emergency or special circumstances in the event that the federal government makes no provision for that category payment or in the event that the payment from the federal government program is lost, stolen, or likely to be delayed beyond four days. (b) The payments provided for under this chapter are also available to the recipients of programs provided for under Article 7 (commencing with Section 12300) of Chapter 3 and Chapter 10.3 (commencing with Section 18937) of Part 6. (Amended by Stats. 2001, Ch. 111, Sec. 38. Effective July 30, 2001.)
  147. 12501.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 1. General Provisions [12500 - 12502] ( Article 1 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    Special-circumstance payments must be excluded when calculating income for the listed benefit programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 1. General Provisions [12500 - 12502] ( Article 1 added by Stats. 1973, Ch. 1216. ) ## 12501. (a) To the extent permitted by federal law, payments made pursuant to this chapter for special circumstances shall be excluded in determining the income of an individual for the purposes of the federal supplemental security income program and the state supplementary payment program administered by the Commissioner of Social Security and shall be considered as assistance based on need and furnished by the state as described in Section 1616(a) of Title XVI of the Social Security Act. (b) Payments made pursuant to this chapter for special circumstances shall be excluded in determining the income of an applicant for or recipient of benefits under the program provided for under Article 7 (commencing with Section 12300) of Chapter 3 and Chapter 10.3 (commencing with Section 18937) of Part 6. (Amended by Stats. 2001, Ch. 111, Sec. 39. Effective July 30, 2001.)
  148. 12502.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 1. General Provisions [12500 - 12502] ( Article 1 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    This section says the program cannot have extra income or resource limits beyond those that apply to the categorical program in Section 12500.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 1. General Provisions [12500 - 12502] ( Article 1 added by Stats. 1973, Ch. 1216. ) ## 12502. There shall not be additional income and resource limits for the program provided for under this chapter other than those applicable to the categorical program mentioned in Section 12500 that provides eligibility for the program provided for in this chapter. (Added by Stats. 2001, Ch. 111, Sec. 39.5. Effective July 30, 2001.)
  149. 1251.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 10. The California Youth Training School [1250 - 1258] ( Article 10 added by Stats. 1949, Ch. 303. )

    Verify source ↗

    The Heman G. Stark Youth Training School must be an intermediate security institution and must provide custody, care, training, guidance, and reformatory help for certain young men.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 10. The California Youth Training School [1250 - 1258] ( Article 10 added by Stats. 1949, Ch. 303. ) ## 1251. The Heman G. Stark Youth Training School shall be an intermediate security type institution. Its primary purpose shall be to provide custody, care, industrial, vocational and other training, guidance and reformatory help for young men, too mature to be benefited by the programs of correctional schools for juveniles and too immature in crime for confinement in prisons. (Amended by Stats. 1989, Ch. 555, Sec. 2.)
  150. 1252.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 10. The California Youth Training School [1250 - 1258] ( Article 10 added by Stats. 1949, Ch. 303. )

    Verify source ↗

    The Youth Authority may transfer and confine certain males in the Heman G. Stark Youth Training School if it believes confinement will benefit them.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 10. The California Youth Training School [1250 - 1258] ( Article 10 added by Stats. 1949, Ch. 303. ) ## 1252. There may be transferred to and confined in the Heman G. Stark Youth Training School any male subject to the custody, control and discipline of the Youth Authority, whom the Youth Authority believes will be benefited by confinement in such an institution. Whenever by reason of any law governing the commitment of a person to the Youth Authority or to an institution under the jurisdiction of the Youth Authority such a person is deemed not to be a person convicted of a crime, the transfer or placement of such a person in the Heman G. Stark Youth Training School shall not affect the status or rights of the person and shall not be deemed to constitute a conviction of a crime. (Amended by Stats. 1989, Ch. 555, Sec. 3.)
  151. 1253.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 10. The California Youth Training School [1250 - 1258] ( Article 10 added by Stats. 1949, Ch. 303. )

    Verify source ↗

    The Youth Authority must make rules and regulations for the Heman G. Stark Youth Training School and manage its affairs.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 10. The California Youth Training School [1250 - 1258] ( Article 10 added by Stats. 1949, Ch. 303. ) ## 1253. The Youth Authority shall make rules and regulations for the government of the Heman G. Stark Youth Training School and the management of its affairs. (Amended by Stats. 1989, Ch. 555, Sec. 4.)
  152. 1254.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 10. The California Youth Training School [1250 - 1258] ( Article 10 added by Stats. 1949, Ch. 303. )

    Verify source ↗

    The Youth Authority must appoint a superintendent for the Heman G. Stark Youth Training School, subject to civil service, and set the compensation for necessary officers and employees.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 10. The California Youth Training School [1250 - 1258] ( Article 10 added by Stats. 1949, Ch. 303. ) ## 1254. The Youth Authority shall appoint, subject to civil service, a superintendent for the Heman G. Stark Youth Training School, and such officers and employees as may be necessary, and shall fix their compensation. (Amended by Stats. 1989, Ch. 555, Sec. 5.)
  153. 1255.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 10. The California Youth Training School [1250 - 1258] ( Article 10 added by Stats. 1949, Ch. 303. )

    Verify source ↗

    The Youth Authority must build and equip suitable buildings, structures, and facilities for the Heman G. Stark Youth Training School, following the law.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 10. The California Youth Training School [1250 - 1258] ( Article 10 added by Stats. 1949, Ch. 303. ) ## 1255. The Youth Authority shall construct and equip, in accordance with law, suitable buildings, structures, and facilities for the Heman G. Stark Youth Training School. (Amended by Stats. 1989, Ch. 555, Sec. 6.)
  154. 12550.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Special Circumstances [12550 - 12554] ( Article 3 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    This section defines “special circumstances” for this article and says they include certain nonrecurring needs like essential furniture, clothing, moving expenses, housing repairs, and unmet shelter needs, subject to department limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Special Circumstances [12550 - 12554] ( Article 3 added by Stats. 1973, Ch. 1216. ) ## 12550. (a) For the purposes of this article, “special circumstances” means those which are not common to all recipients and which arise out of need for certain goods or services, and physical infirmities or other conditions peculiar, on a nonrecurring basis, to the individual’s situation. Special circumstances shall include purchase, repair, and replacement of essential household furniture, equipment, or clothing, necessary moving expenses, required housing repairs, and unmet shelter needs, subject to limits set by the department. (b) This section shall become operative on July 1, 1998. (Amended by Stats. 2001, Ch. 111, Sec. 40. Effective July 30, 2001.)
  155. 12550.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Special Circumstances [12550 - 12554] ( Article 3 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    This section sets maximum benefit amounts for certain special-circumstance payments and lets the department adopt emergency regulations to implement it.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Special Circumstances [12550 - 12554] ( Article 3 added by Stats. 1973, Ch. 1216. ) ## 12550.1. (a) Effective July 1, 2001, and notwithstanding any other provision of law, the following benefits shall be provided under this article: (1) The maximum amount for purchase, repair, or modification of housing or to prevent foreclosures or for relocation expenses shall be one thousand five hundred dollars ($1,500). (2) The maximum amount of payment for the purchase, repair or replacement of equipment, including appliances, shall be six hundred dollars ($600). (3) The maximum amount of payment for the purchase, repair, or replacement of bedding and mattresses shall be three hundred dollars ($300). (4) The maximum amount of payment for the purchase, repair, or replacement of clothing shall be two hundred fifty dollars ($250). (b) The department may adopt emergency regulations to implement this section. (Added by Stats. 2001, Ch. 111, Sec. 41. Effective July 30, 2001.)
  156. 12551.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Special Circumstances [12550 - 12554] ( Article 3 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    This section says special circumstances also include special needs under Sections 11023 and 11023.1, and it becomes operative on July 1, 1998.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Special Circumstances [12550 - 12554] ( Article 3 added by Stats. 1973, Ch. 1216. ) ## 12551. Special circumstances shall also include special needs as provided in Sections 11023 and 11023.1. This section shall become operative on July 1, 1998. (Amended by Stats. 1997, Ch. 606, Sec. 30. Effective October 3, 1997. Note: This section was inoperative from October 3, 1997, until July 1, 1998, pursuant to provisions from this amendment (by Stats. 1997, Ch. 606).)
  157. 12552.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Special Circumstances [12550 - 12554] ( Article 3 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    The county must verify that a special circumstance exists, issue a warrant for payment under department guidelines, and then send a claim to the state for payment.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Special Circumstances [12550 - 12554] ( Article 3 added by Stats. 1973, Ch. 1216. ) ## 12552. The county shall verify that a special circumstance does exist and shall issue a warrant for payment within the guidelines provided by the department. The county shall then send a claim to the state for payment. This section shall become operative on July 1, 1998. (Amended by Stats. 1997, Ch. 606, Sec. 31. Effective October 3, 1997. Note: This section was inoperative from October 3, 1997, until July 1, 1998, pursuant to provisions from this amendment (by Stats. 1997, Ch. 606).)
  158. 12552.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Special Circumstances [12550 - 12554] ( Article 3 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    A county may move some implementation funds from administrative allocation to benefit allocation when administrative savings are achieved, to provide additional benefits to clients.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Special Circumstances [12550 - 12554] ( Article 3 added by Stats. 1973, Ch. 1216. ) ## 12552.1. (a) A county may transfer funds received for the implementation of this chapter from its administrative allocation to its benefit allocation for the purposes of providing additional benefits to clients to the extent that administrative savings are achieved. (b) This section shall become operative on July 1, 2001. (Added by Stats. 2001, Ch. 111, Sec. 42. Effective July 30, 2001. Applicable from July 1, 2001, by its own provisions.)
  159. 12553.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Special Circumstances [12550 - 12554] ( Article 3 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    The department must mail applications and pay a recurring special need allowance to eligible recipients who have a guide dog, signal dog, or other service dog; county welfare departments must help with applications.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Special Circumstances [12550 - 12554] ( Article 3 added by Stats. 1973, Ch. 1216. ) ## 12553. (a) Notwithstanding Section 12552, special circumstances shall also include the administration and payment by the department pursuant to this section of a recurring special need allowance to every eligible recipient who has a guide dog, signal dog, or other service dog, to pay for dog food and other costs associated with the dog’s care and maintenance. (b) Beginning January 1, 1991, the special need allowance shall be forty dollars ($40) per month. Beginning July 1, 1991, this amount shall be increased to fifty dollars ($50) per month. (c) The department shall mail an application for the allowance to each eligible recipient. The application shall be upon a standard form prescribed by regulations of the department and containing a written declaration that the affirmation is made under penalty of perjury subject to prosecution as the crime of perjury under the Penal Code. The recipient or, if the recipient is incapable, another person as described in Section 11054 may make the affirmation. The department shall grant the special need allowance upon the basis of the affirmation by mailing a monthly warrant in the amount indicated in subdivision (b) to the recipient. (d) The county welfare department shall cooperate in assisting the recipient in completing his or her application for the special need allowance authorized by this section. (e) For purposes of this section, “eligible recipient” means any blind or disabled recipient of either or both of the following benefits: (1) Federal supplemental security income benefits provided pursuant to Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code. (2) Benefits provided under the State Supplementary Program pursuant to Chapter 3 (commencing with Section 12000). (Amended by Stats. 1990, Ch. 871, Sec. 1.)
  160. 12554.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Special Circumstances [12550 - 12554] ( Article 3 added by Stats. 1973, Ch. 1216. )

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    The department must send applications and grant a $50 monthly special need allowance to eligible SSDI recipients who have a guide dog, signal dog, or other service dog, subject to the section’s eligibility and application requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 3. Special Circumstances [12550 - 12554] ( Article 3 added by Stats. 1973, Ch. 1216. ) ## 12554. (a) Notwithstanding Section 12552, special circumstances shall also include the administration and payment by the department pursuant to this section of a recurring special need allowance to every eligible recipient who has a guide dog, signal dog, or other service dog, to pay for dog food and other costs associated with the dog’s care and maintenance. (b) For purposes of this section, the special need allowance shall be fifty dollars ($50) per month. (c) The department shall mail an application for the allowance to each recipient of benefits under the federal Social Security Disability Insurance (SSDI) program who is known to the department to have a guide dog, signal dog, or other service dog, or who has requested an application from the department, and who is a legal resident of this state. The application shall include a disclosure of the applicant’s resources and all sources and amounts of the applicant’s income. The application shall be upon a standard form prescribed by regulations of the department and containing a written declaration that the affirmation is made under penalty of perjury subject to prosecution as the crime of perjury under the Penal Code. The recipient or, if the recipient is incapable, another person as described in Section 11054 may make the affirmation. In order to establish eligibility pursuant to subdivision (e), the applicant shall also be required to present a proof of income statement from the federal Social Security Administration. The department shall grant the special need allowance upon the basis of the affirmation by mailing a monthly warrant in the amount indicated in subdivision (b) to the recipient. (d) The county welfare department shall cooperate in assisting the recipient in completing his or her application for the special need allowance authorized by this section. (e) For purposes of this section, “eligible recipient” means any person legally residing in this state who is a recipient of benefits under the federal Social Security Disability Insurance (SSDI) program, provided for pursuant to Title II of the federal Social Security Act (42 U.S.C. Sec. 401, et seq.) and whose income and resources are not in excess of the federal poverty level. For purposes of determining eligibility under this section, income and resources shall be defined in the same manner as those terms are used in determining eligibility for aid under Chapter 3 (commencing with Section 12000). (Amended by Stats. 2001, Ch. 452, Sec. 1. Effective January 1, 2002.)
  161. 1256.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 10. The California Youth Training School [1250 - 1258] ( Article 10 added by Stats. 1949, Ch. 303. )

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    The Youth Authority has the same powers and duties for the Heman G. Stark Youth Training School as it has for similar institutions, but it cannot parole, discharge, grant leave, release, or transfer certain confined persons except back to the Director of Corrections.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 10. The California Youth Training School [1250 - 1258] ( Article 10 added by Stats. 1949, Ch. 303. ) ## 1256. The Youth Authority shall have the same powers, duties, and responsibilities in respect to the Heman G. Stark Youth Training School and the persons confined therein that the Youth Authority has in respect to institutions established for persons committed to the Youth Authority under Division 2.5 of this code and in respect to such persons, except that the Youth Authority shall have no power to parole, discharge, grant leave of absence to, or otherwise release from the Heman G. Stark Youth Training School any person under the custody of the Director of Corrections and transferred to and confined in the Heman G. Stark Youth Training School, or to transfer any such person from the Heman G. Stark Youth Training School to any other institution whatever, except to return him to the custody of the Director of Corrections. Except as otherwise provided in this article, the provisions of Part 3 of the Penal Code continue to apply to all persons in the custody of the Director of Corrections who are transferred by the Adult Authority to the Heman G. Stark Youth Training School, so far as such provisions may be applicable. (Amended by Stats. 1989, Ch. 555, Sec. 7.)
  162. 1258.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 10. The California Youth Training School [1250 - 1258] ( Article 10 added by Stats. 1949, Ch. 303. )

    Verify source ↗

    The Director of the Youth Authority may provide materials and facilities for confined persons to build movable houses at the Heman G. Stark Youth Training School.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 10. The California Youth Training School [1250 - 1258] ( Article 10 added by Stats. 1949, Ch. 303. ) ## 1258. The Director of the Youth Authority, in connection with industrial training at the Heman G. Stark Youth Training School, Chino, California, may provide suitable materials and facilities for use by persons confined in the school in the construction of houses which can be moved which, upon their completion, shall be sold to the public upon competitive bids. Proceeds derived from the sale of any such house shall be deposited in the General Fund. Construction shall be limited to not more than one each calendar year and the size shall not exceed one thousand two hundred fifty (1,250) square feet. (Amended by Stats. 1989, Ch. 555, Sec. 8.)
  163. 12600.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 4. Fiscal Provisions [12600 - 12601] ( Article 4 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    The department must reimburse counties for actual payments made under this chapter and the administrative costs tied to those payments.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 4. Fiscal Provisions [12600 - 12601] ( Article 4 added by Stats. 1973, Ch. 1216. ) ## 12600. The department shall reimburse the counties for the cost of actual payments made pursuant to this chapter and for the administrative costs actually attributable to such payments. (Repealed and added by Stats. 1973, Ch. 1216.)
  164. 12601.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 4. Fiscal Provisions [12600 - 12601] ( Article 4 added by Stats. 1973, Ch. 1216. )

    Verify source ↗

    Funds for the costs and administration of Articles 2 and 3 are limited by the amounts and controls set out in the Budget Act.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Emergency Payments and Special Circumstances for Aged, Blind and Disabled [12500 - 12601] ( Chapter 4 repealed and added by Stats. 1973, Ch. 1216. ) ## ARTICLE 4. Fiscal Provisions [12600 - 12601] ( Article 4 added by Stats. 1973, Ch. 1216. ) ## 12601. Funds for the costs and administration of Articles 2 (commencing with Section 12525) and 3 (commencing with Section 12550) of this chapter shall be limited to the amounts and controls set forth in the Budget Act. (Added by Stats. 1973, Ch. 1216.)
  165. 12700.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Loans to Blind Persons [12700- 12700.] ( Chapter 5 repealed and added by Stats. 1981, Ch. 69, Sec. 24. )

    Verify source ↗

    A state revolving loan fund is created and administered by the department to make low-interest loans to eligible blind aid recipients, with a $15,000 cap per individual.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Loans to Blind Persons [12700- 12700.] ( Chapter 5 repealed and added by Stats. 1981, Ch. 69, Sec. 24. ) ## 12700. There is in the State Treasury a permanent revolving fund, in the amount of one hundred fifty thousand dollars ($150,000), to be known as the Revolving Loan Fund, and to be administered by the department. The fund shall be used to make loans to recipients of aid to the aged, blind, or disabled due to blindness under Chapter 3 (commencing with Section 12000), at a rate of interest not to exceed 3 percent per year, to enable those recipients to establish themselves in businesses, professions, or other gainful employment, including, but not limited to self-employment or to assist those already engaged in such endeavors. No loan in excess of fifteen thousand dollars ($15,000) shall be made to any individual under this section. The department shall establish through the Office of Services to the Blind the terms and conditions of loans made pursuant to this section, and shall prescribe the procedure to be followed in making application for such loans. All funds received in repayment of loans made pursuant to this section shall be deposited in the Revolving Loan Fund, and shall be available for the making of additional loans as provided in this section. The collection procedures appropriate to the purposes and objectives of the loan fund shall be prescribed by the Office of Services to the Blind. (Amended by Stats. 1986, Ch. 415, Sec. 11. Effective July 17, 1986.)
  166. 13.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    This section says singular words include the plural, and plural words include the singular.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. ) ## 13. The singular number includes the plural, and the plural number includes the singular. (Enacted by Stats. 1937, Ch. 369.)
  167. 13000.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.1. Social Services [13000 - 13008] ( Heading of Chapter 5.1 renumbered from Chapter 6 (as renumbered by Stats. 1984, Ch. 144) by Stats. 1987, Ch. 56, Sec. 186. )

    Verify source ↗

    This chapter states policies and procedures needed to accommodate reductions in federal funds under Title XX of the federal Social Security Act.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.1. Social Services [13000 - 13008] ( Heading of Chapter 5.1 renumbered from Chapter 6 (as renumbered by Stats. 1984, Ch. 144) by Stats. 1987, Ch. 56, Sec. 186. ) ## 13000. The purpose of this chapter is to set forth those policies and procedures as are necessary to accommodate reductions in federal funds provided under Title XX of the federal Social Security Act as amended by the federal Omnibus Budget Reconciliation Act of 1981. (Added by Stats. 1982, 1st Ex. Sess., Ch. 3, Sec. 40. Effective February 17, 1982.)
  168. 13001.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.1. Social Services [13000 - 13008] ( Heading of Chapter 5.1 renumbered from Chapter 6 (as renumbered by Stats. 1984, Ch. 144) by Stats. 1987, Ch. 56, Sec. 186. )

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    Funding for county-administered social services programs must include certain federal funds and the State General Fund, and the funding allocation must follow the annual Budget Act and this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.1. Social Services [13000 - 13008] ( Heading of Chapter 5.1 renumbered from Chapter 6 (as renumbered by Stats. 1984, Ch. 144) by Stats. 1987, Ch. 56, Sec. 186. ) ## 13001. Funding for social services programs administered by county welfare departments shall include but not be limited to federal funds received under Titles IV, XIX, and XX of the federal Social Security Act, and the State General Fund. The appropriation and allocation of these funds shall be in accordance with the annual Budget Act and the provisions of this chapter. (Amended by Stats. 1993, Ch. 999, Sec. 2. Effective October 11, 1993.)
  169. 13002.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.1. Social Services [13000 - 13008] ( Heading of Chapter 5.1 renumbered from Chapter 6 (as renumbered by Stats. 1984, Ch. 144) by Stats. 1987, Ch. 56, Sec. 186. )

    Verify source ↗

    Each county receives three allocations from the Section 13001 funds, and notice of such action must be given at least seven days before the meeting.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.1. Social Services [13000 - 13008] ( Heading of Chapter 5.1 renumbered from Chapter 6 (as renumbered by Stats. 1984, Ch. 144) by Stats. 1987, Ch. 56, Sec. 186. ) ## 13002. From the funds described in Section 13001 each county shall receive three allocations. The first allocation shall be for support of Child Welfare Services as defined in Chapter 5 (commencing with Section 16500 of Part 4). This allocation shall be known as the Child Welfare Services Grant. The second allocation shall be for support of protective services for adults, and other services directed at the five national goals specified in Section 13003. This allocation shall be known as the County Services Block Grant. The third allocation shall be for in-home supportive services administration. The notice of such action must be provided at least seven days prior to the meeting at which such action is to be taken. Such notice shall be provided in the same manner as the county provides notice for its regularly scheduled meetings. Funds from the Child Welfare Services Grant and the County Services Block Grant and the in-home supportive services administration allocations shall be available only when matched by county funds pursuant to the provisions of Part 1.5 (commencing with Section 10100). (Amended by Stats. 2001, Ch. 111, Sec. 43. Effective July 30, 2001.)
  170. 13003.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.1. Social Services [13000 - 13008] ( Heading of Chapter 5.1 renumbered from Chapter 6 (as renumbered by Stats. 1984, Ch. 144) by Stats. 1987, Ch. 56, Sec. 186. )

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    County allocations may be used for training and must be used for social services that meet five federal Title XX goals.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.1. Social Services [13000 - 13008] ( Heading of Chapter 5.1 renumbered from Chapter 6 (as renumbered by Stats. 1984, Ch. 144) by Stats. 1987, Ch. 56, Sec. 186. ) ## 13003. County allocations may be used to provide necessary training and shall be used to provide social services which meet the following five federal goals of Title XX of the federal Social Security Act. (1) Achieve or maintaining self-support to prevent, reduce, or eliminate dependency. (2) Achieving or maintaining self-sufficiency, including reduction or prevention of dependency. (3) Preventing or remedying neglect, abuse, exploitation of children and adults unable to protect their own interests, or reuniting families. (4) Preventing or reducing inappropriate institutional care by providing community-based care, home-based care, or other forms of less intensive care. (5) Securing referral or admission for institutional care when other forms of care are not appropriate or providing services to individuals or institutions. (Added by Stats. 1982, 1st Ex. Sess., Ch. 3, Sec. 40. Effective February 17, 1982.)
  171. 13004.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.1. Social Services [13000 - 13008] ( Heading of Chapter 5.1 renumbered from Chapter 6 (as renumbered by Stats. 1984, Ch. 144) by Stats. 1987, Ch. 56, Sec. 186. )

    Verify source ↗

    Counties must use County Services Block Grant funds to provide protective services for adults under Section 12251.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.1. Social Services [13000 - 13008] ( Heading of Chapter 5.1 renumbered from Chapter 6 (as renumbered by Stats. 1984, Ch. 144) by Stats. 1987, Ch. 56, Sec. 186. ) ## 13004. Counties, in expending the County Services Block Grant allocation shall provide protective services for adults pursuant to Section 12251. (Amended by Stats. 2001, Ch. 111, Sec. 44. Effective July 30, 2001.)
  172. 13005.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.1. Social Services [13000 - 13008] ( Heading of Chapter 5.1 renumbered from Chapter 6 (as renumbered by Stats. 1984, Ch. 144) by Stats. 1987, Ch. 56, Sec. 186. )

    Verify source ↗

    Counties may use leftover County Services Block Grant funds for other services tied to the five goals in Section 13003, but only after funding the priorities in Section 13004.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.1. Social Services [13000 - 13008] ( Heading of Chapter 5.1 renumbered from Chapter 6 (as renumbered by Stats. 1984, Ch. 144) by Stats. 1987, Ch. 56, Sec. 186. ) ## 13005. Counties, after expending the County Services Block Grant allocation for the priorities specified in Section 13004 may expend any remaining funds for other services directed at the five goals specified in Section 13003. (Amended by Stats. 1984, Ch. 268, Sec. 51.5. Effective June 30, 1984.)
  173. 13006.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.1. Social Services [13000 - 13008] ( Heading of Chapter 5.1 renumbered from Chapter 6 (as renumbered by Stats. 1984, Ch. 144) by Stats. 1987, Ch. 56, Sec. 186. )

    Verify source ↗

    Department regulations on protective services for adults must give counties maximum flexibility in choosing the type and level of services and how funds are used.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.1. Social Services [13000 - 13008] ( Heading of Chapter 5.1 renumbered from Chapter 6 (as renumbered by Stats. 1984, Ch. 144) by Stats. 1987, Ch. 56, Sec. 186. ) ## 13006. Regulations promulgated by the department relating to protective services for adults shall provide counties with maximum flexibility in determining the type and level of services and use of funds for such services. (Amended by Stats. 2001, Ch. 111, Sec. 45. Effective July 30, 2001.)
  174. 13007.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.1. Social Services [13000 - 13008] ( Heading of Chapter 5.1 renumbered from Chapter 6 (as renumbered by Stats. 1984, Ch. 144) by Stats. 1987, Ch. 56, Sec. 186. )

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    Each county must report all necessary information to the State Department of Social Services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.1. Social Services [13000 - 13008] ( Heading of Chapter 5.1 renumbered from Chapter 6 (as renumbered by Stats. 1984, Ch. 144) by Stats. 1987, Ch. 56, Sec. 186. ) ## 13007. Each county shall report to the State Department of Social Services all necessary information in order to comply with federal and state requirements for the social services block grant. (Added by Stats. 1982, 1st Ex. Sess., Ch. 3, Sec. 40. Effective February 17, 1982.)
  175. 13008.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.1. Social Services [13000 - 13008] ( Heading of Chapter 5.1 renumbered from Chapter 6 (as renumbered by Stats. 1984, Ch. 144) by Stats. 1987, Ch. 56, Sec. 186. )

    Verify source ↗

    Federal refugee services funds must be allocated to counties using refugee caseload proportions, based on prior-year statistics.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.1. Social Services [13000 - 13008] ( Heading of Chapter 5.1 renumbered from Chapter 6 (as renumbered by Stats. 1984, Ch. 144) by Stats. 1987, Ch. 56, Sec. 186. ) ## 13008. Federal funds for Refugee Social Services that are allocated to county welfare departments for Title XX social services shall be allocated to each county in the same proportion that refugees on aid in each county bear to the total refugees on aid in the state. Federal funds for Targeted Assistance Services that are allocated to county welfare departments shall be allocated to each targeted county in the same proportion that refugees on aid bear to the total refugees on aid in the targeted counties. The allocation shall be developed from caseload statistics from the previous fiscal year which include refugees in the following programs: (a) Time-eligible and time-expired refugees in the Aid to Families with Dependent Children (AFDC) program. (b) General Assistance. (c) The Refugee Cash Assistance Program. (d) The Refugee Demonstration Program. (Added by Stats. 1987, Ch. 1182, Sec. 1.)
  176. 13265.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.4. California Newcomer Education and Well-Being (CalNEW) Program [13265- 13265.] ( Chapter 5.4 added by Stats. 2020, Ch. 24, Sec. 87. )

    Verify source ↗

    Creates the CalNEW program and requires the department to fund and oversee services for newcomer pupils, English learners, and immigrant families, subject to available appropriations.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.4. California Newcomer Education and Well-Being (CalNEW) Program [13265- 13265.] ( Chapter 5.4 added by Stats. 2020, Ch. 24, Sec. 87. ) ## 13265. (a) Subject to an appropriation of funds for this purpose in the annual Budget Act, the State Department of Social Services shall administer, in collaboration with the State Department of Education, the California Newcomer Education and Well-Being Program (CalNEW) to provide services for newcomer pupils, English learners, and immigrant families. The department shall allocate funding to school districts and county offices of education with significant numbers of newcomer pupils, or a significant population of English learner pupils. Funds allocated under this section shall be used to plan, design, and implement academic and social support services for the purpose of improving pupils’ academic engagement and social and emotional well-being. The department shall have sole discretion to determine which school districts, county offices of education, and services to fund. (b) Subject to an appropriation of funds for this purpose in the annual Budget Act, the department shall do both of the following: (1) Contract to conduct a formal evaluation of the services provided pursuant to subdivision (a). (2) Contract to provide technical assistance to support implementation of the services described in this section. (c) For purposes of this section, the following definitions apply: (1) “English learner” has the same meaning as defined in Section 306 of the Education Code. (2) “Immigrant families” means families with household members and immediate relatives of pupils in which one or more of the members or relatives are not United States citizens. (3) “Newcomer pupil” has the same meaning as “immigrant children and youth” as defined in Section 7011(5) of Title 20 of the United States Code. (d) In accordance with Section 1621(d) of Title 8 of the United States Code, this section provides services for undocumented persons. (e) The State Department of Education shall, for the duration of the program described in this section, cooperate with the department to provide all data, data systems, and source code requested to the department for the purpose of effectively operating this program. (f) Notwithstanding any other law: (1) Contracts or grants awarded pursuant to this chapter shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. (2) Contracts or grants awarded pursuant to this chapter shall be exempt from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services. (g) Funds appropriated for this purpose in the annual Budget Act shall be available for encumbrance or expenditure for two fiscal years and liquidation for another three fiscal years. (Amended by Stats. 2022, Ch. 52, Sec. 101. (AB 181) Effective June 30, 2022.)
  177. 13275.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. )

    Verify source ↗

    This section defines key terms used in the chapter, including eligible county, qualified nonprofit organization, refugee social services, and service provider.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. ) ## 13275. For the purposes of this chapter, the following terms have the following meanings: (a) “Eligible county” means a county or city and county designated as impacted using a formula developed by the department based upon the refugee arrivals in the county during the preceding 60-month period for which the department has data. (b) “Qualified nonprofit organization” means a nonprofit organization that is either exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code or exempt from state income taxation under Section 23701d of the Revenue and Taxation Code and that satisfies any additional eligibility criteria established by the department. (c) “Refugee social services” include, but are not limited to, English language and employment training, as funded through federal appropriations. (d) “Service provider” means a qualified nonprofit organization or private for-profit organization selected by the department to administer refugee services. (Amended by Stats. 2025, Ch. 451, Sec. 2. (AB 1318) Effective October 7, 2025.)
  178. 13276.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. )

    Verify source ↗

    The department must allocate refugee social services funds to eligible counties, may also fund service providers in some cases, and must report funding information semiannually.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. ) ## 13276. (a) (1) After setting aside the necessary state administrative funds, the department shall allocate appropriated federal funds for refugee social services programs to each eligible county and, if the department exercises its discretion pursuant to subdivision (b), to a service provider, based on the number of refugees receiving aid in the eligible county or the number of refugees that reside in the eligible county. The department may, at its discretion, utilize funding adjustments based on the length of time that the refugees have resided in the United States. (2) If an eligible county or service provider that receives funds under paragraph (1) declines all or part of those funds, or returns unexpended funds, the department may exercise its discretion to reallocate the declined or returned funds among eligible counties and service providers. (3) If the federal Office of Refugee Resettlement provides funding in addition to the annual appropriation described in paragraph (1) or designates funding for services to a specific population of eligible individuals, the department may exercise its discretion to allocate those funds among eligible counties and service providers consistent with federal law. (b) (1) Notwithstanding any other law, and to the extent permitted by federal law, the department may, at its discretion, contract with, or award grants to, service providers for the purpose of administering refugee social services programs within a county. An eligible county providing refugee social services pursuant to this chapter may continue to administer those services while a contractor or grantee is also providing refugee social services pursuant to this chapter within the county. The department shall prioritize funding qualified nonprofit organizations and counties over for-profit organizations, when practicable. (2) If an eligible county and a service provider are administering refugee social services simultaneously within the same county, the department shall, at its discretion, determine the amount of the funds to be distributed to the eligible county and service provider. (3) Contracts or grants awarded pursuant to this subdivision shall require reporting, monitoring, or audits of services provided, as determined by the department. (c) The department shall track and document the funding provided to each type of service provider and the purposes for use of this funding, and report this information to the appropriate fiscal and policy staff of the Legislature on a semiannual basis. (Amended by Stats. 2023, Ch. 43, Sec. 61. (AB 120) Effective July 10, 2023.)
  179. 13277.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. )

    Verify source ↗

    The department must notify eligible county boards about available funds, and counties using refugee social services funds must designate an agency to develop and carry out a services plan.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. ) ## 13277. (a) The department shall notify each eligible county’s board of supervisors of the availability of funds described in subdivision (a) of Section 13276. (b) (1) A county administering refugee social services shall designate an agency that is responsible for developing and implementing a plan for the provision of services funded by refugee social services funds. (2) Until October 1, 1990, paragraph (1) does not apply to any county on whose behalf the department is administering the refugee employment social services funds. (c) (1) The plan developed pursuant to subdivision (b) shall be in accordance with Sections 13278 and 13279. (2) The plan developed pursuant to subdivision (b) shall reflect the full intent of this chapter that the funding for, and provision of, refugee social services shall lead to successful self-sufficiency and social integration for all refugee recipients of refugee social services, in accordance with guidelines issued by the department. (3) Any plan developed pursuant to subdivision (b) shall, at a minimum, meet all of the following requirements: (A) Each eligible county’s board of supervisors shall ensure that the county planning process is designed in such a way as to facilitate refugee participation and public input in that process. (B) The plan shall include a description of how available funds will be used to provide services to refugees. (C) The plan shall specifically address how services will be delivered to refugees receiving aid in each county. (D) The plan shall provide for the priority consideration for funding refugee community-based organizations if they demonstrate the capacity to implement the proposed programs, which capacity shall be comparable to that of other competitors who qualify for funding. (d) Any plan described in Section 11321.6 that is developed by any county that elects to utilize these funds to pay for any service provided to, or any activity performed on behalf of, any refugee participating in the program authorized by Article 3.2 (commencing with Section 11320) of Chapter 2 shall meet the requirements of Section 13280. (e) (1) Prior to October 1, 1990, the department shall discontinue administering refugee employment social services funds for a county pursuant to the request of the county. (2) Commencing October 1, 1990, the department shall discontinue administering refugee employment social services funds on behalf of the county. (Amended by Stats. 2019, Ch. 27, Sec. 86. (SB 80) Effective June 27, 2019.)
  180. 13278.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. )

    Verify source ↗

    A county must use certain funds to pay for eligible refugee services and activities, subject to federal law and plan requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. ) ## 13278. Commencing October 1, 1990, a county shall, to the extent permitted by federal law, utilize funds as described in Section 13276 to pay for the costs of any services provided to, or activity performed on behalf of, any refugee participating in the program authorized under Article 3.2 (commencing with Section 11320) of Chapter 2 if that cost is allowed under a plan described in Section 11321.6 and federal requirements for refugee social services programs. The plan shall be developed with significant participation by, and input from, refugee community organizations, voluntary agencies, and other local public and private entities involved in the refugee resettlement process. (Amended by Stats. 2019, Ch. 27, Sec. 87. (SB 80) Effective June 27, 2019.)
  181. 13279.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. )

    Verify source ↗

    Refugee social services programs must be available in eligible counties to people receiving refugee cash assistance and to refugees receiving county general assistance.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. ) ## 13279. Refugee social services programs shall be available to recipients of refugee cash assistance and refugees receiving county general assistance in eligible counties. If the county does not provide these services under the program authorized under Article 3.2 (commencing with Section 11320) of Chapter 2, a portion of the funds allocated to the county in accordance with Section 13276 may be used to provide services to recipients of refugee cash assistance and refugee recipients of general assistance based on federal requirements and service needs, as outlined in the county plan developed pursuant to subdivision (b) of Section 13277. (Amended by Stats. 2020, Ch. 370, Sec. 282. (SB 1371) Effective January 1, 2021.)
  182. 13280.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. )

    Verify source ↗

    This section requires counties with federal refugee social services funding to address refugee services in their CalWORKs plans and sets rules for a refugee supplemental services component.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. ) ## 13280. (a) (1) In counties receiving federal refugee social services funding, the county welfare department shall include in its CalWORKs plan a section that specifically addresses the provision of services for refugee applicants for, and recipients of, aid pursuant to Chapter 2 (commencing with Section 11200) and the orderly transition of those applicants and recipients into the CalWORKs program. (2) County staff responsible for the administration of CalWORKs shall work in conjunction with county staff responsible for the administration of refugee programs, as well as with representatives of local mutual assistance associations, voluntary agencies, and other organizations involved in refugee resettlement, to ensure that the section of the CalWORKs plan specified in paragraph (1) reflects the needs of the refugee applicants for, and recipients of, aid under the Temporary Assistance for Needy Families (TANF) program, the services are delivered in accordance with the section of the county’s CalWORKs plan specified in paragraph (1), and that this transition occurs as quickly as possible within resources available to the CalWORKs program. (b) The department shall annually reevaluate that section of the county’s CalWORKs plan which is developed pursuant to paragraph (1) of subdivision (a). This reevaluation shall be made in conjunction with the county’s development of its annual overall CalWORKs plan update and will be subject to approval of the department. (c) (1) A county may maintain within the CalWORKs program a supplemental services component for refugees who would otherwise be temporarily excepted from the full range of CalWORKs services. These services shall complement regular services provided through Article 3.2 (commencing with Section 11320) of Chapter 2, to prepare the refugee for self-sufficiency or eventual transition into the CalWORKs program and shall be funded through federal refugee social services funds. County boards of supervisors may determine how the services are administered, subject to federal funding requirements. (2) Any county that elects to implement the supplemental services component authorized by this subdivision shall fully describe the component in the section of its CalWORKs plan required by paragraph (1) of subdivision (a). The description shall specify the types of services planned to meet the special needs of refugees. Those services shall be in accordance with the department’s guidelines. (3) The CalWORKs refugee supplemental services authorized by this subdivision for refugee TANF applicants and recipients, to the extent permitted by federal law, shall meet the requirements of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193) and shall be subject to the approval of the department. (4) Refugee TANF applicants and recipients who are referred for participation in the supplemental services component authorized by this subdivision shall participate in the component services as a condition of eligibility under Chapter 2 (commencing with Section 11200) and shall be subject to the sanctions specified by Section 11327.5 if the services meet the requirements of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193), and are determined by the county to prepare a refugee for self-sufficiency. (5) Refugee TANF recipients already participating in a CalWORKs component provided through Article 3.2 (commencing with Section 11320) of Chapter 2 shall not be removed from that component for the purpose of participating in the supplemental services component authorized by paragraph (1). (d) Any county that elects to implement the supplemental services component authorized by paragraph (1) of subdivision (c) shall provide the supportive services described in subdivision (e) of Section 11323.2. These supportive services shall be funded with refugee social services funds. CalWORKs supportive services funds shall not be used to fund those supportive services. (e) This section shall be implemented only in counties where federal refugee social services funds are available to the county. (Amended by Stats. 2020, Ch. 370, Sec. 283. (SB 1371) Effective January 1, 2021.)
  183. 13282.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. )

    Verify source ↗

    This chapter’s requirements apply only while federal funds are available for the chapter’s purposes.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. ) ## 13282. The requirements established by this chapter shall be applicable only so long as federal funds are available for its purposes. (Amended by Stats. 2019, Ch. 27, Sec. 91. (SB 80) Effective June 27, 2019.)
  184. 13283.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. )

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    The department must provide certain noncitizen victims access to refugee cash assistance and refugee social services, and they are subject to the same work rules as other participants, with an exemption for trauma-related inability to comply.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. ) ## 13283. Notwithstanding any other law, the department shall ensure that noncitizen victims of trafficking, domestic violence, and other serious crimes, as defined in subdivision (b) of Section 18945, have access to refugee cash assistance, and refugee social services set forth in this chapter, to the same extent as individuals who are admitted to the United States as refugees under Section 1157 of Title 8 of the United States Code. These individuals shall be subject to the same work requirements and exemptions as other participants, provided that compliance with these requirements is authorized by law. An exemption from these requirements shall be available if physical or psychological trauma related to or arising from the victimization impedes their ability to comply. Assistance and services under this section shall be paid from state funds to the extent federal funding is unavailable. (Amended by Stats. 2019, Ch. 27, Sec. 92. (SB 80) Effective June 27, 2019.)
  185. 13284.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. )

    Verify source ↗

    The department may contract with or grant money to service providers to administer federally funded refugee cash assistance in a county, and eligible counties may keep administering the assistance at the same time. The department must also require contracted or grantee service providers to report, monitor, or audit the services they provide.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. ) ## 13284. (a) Notwithstanding any other law, and to the extent permitted by federal law, the department may, in its discretion, contract with, or issue grants to, service providers for the purpose of administering federally funded refugee cash assistance within a county. An eligible county providing refugee cash assistance pursuant to this section may continue to administer the refugee cash assistance while a contractor or grantee is also providing refugee cash assistance pursuant to this section within the county. (b) The department shall require that service providers awarded contracts or grants pursuant to this section report, monitor, or audit the services provided, as determined by the department. (Amended by Stats. 2023, Ch. 43, Sec. 63. (AB 120) Effective July 10, 2023.)
  186. 13285.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. )

    Verify source ↗

    Certain department contracts or grants for refugee services are exempt from specified state contracting rules and do not need Department of General Services approval.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. ) ## 13285. (a) Notwithstanding any other law, contracts or grants awarded by the department to a qualified service provider pursuant to this chapter shall be exempt from both of the following: (1) The personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. (2) The Public Contract Code and the State Contracting Manual. (b) Notwithstanding any other law, contracts or grants awarded by the department to a service provider pursuant to this chapter shall not be subject to the approval of the Department of General Services. (Amended by Stats. 2023, Ch. 43, Sec. 64. (AB 120) Effective July 10, 2023.)
  187. 13286.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. )

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    A refugee cannot be denied resettlement anywhere in California for discriminatory reasons.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286] ( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. ) ## 13286. A refugee shall not be denied resettlement anywhere in California based on any criterion, method of administration, or practice that has the purpose or effect of discriminating on the basis of race, religion, ethnicity, sexual orientation, or any other characteristic identified in Section 11135 of the Government Code. (Added by Stats. 2020, Ch. 189, Sec. 2. (AB 3133) Effective January 1, 2021.)
  188. 13300.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. )

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    The department must contract with qualified nonprofit legal services organizations to provide legal and social services to immigrant youth, if funding is available.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. ) ## 13300. (a) Subject to the availability of funding in the act that added this chapter or the annual Budget Act, the department shall contract, as described in Section 13301, with qualified nonprofit legal services organizations to provide legal and social services, as needed, to immigrant youth. It is the intent of the Legislature to provide improved and coordinated access to social services alongside the provision of state-funded immigration-related legal services for more immigrant youth in California and that programs should provide for, at a minimum, the level of quality of individual services as enabled as a result of the appropriations made in the 2026 Budget Act. (b) For purposes of this section and Section 13301, the term “immigrant youth” means an immigrant younger than 21 years of age in removal proceedings or an unaccompanied undocumented minor. (c) For purposes of this chapter, the following definitions apply: (1) “Unaccompanied undocumented minors” means unaccompanied children as described in Section 279(g)(2) of Title 6 of the United States Code. (2) “Legal services” means culturally and linguistically appropriate services provided by attorneys, paralegals, interpreters and other support staff for state court proceedings, federal immigration proceedings, and any appeals arising from those proceedings. (3) “Social services” means culturally and linguistically appropriate services, including, but not limited to, intake screenings and assessments, coordination of care, and navigation services, provided by social workers, caseworkers, interpreters, and other support staff. (Amended by Stats. 2026, Ch. 26, Sec. 21. (AB 152) Effective June 29, 2026.)
  189. 13300.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. )

    Verify source ↗

    The department must fund and contract for legal counsel for immigrant youth, with coverage starting when a youth is identified as unaccompanied or by an attorney, unless the youth already has independent counsel.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. ) ## 13300.5. (a) (1) Subject to the availability of state funding, the state shall provide legal counsel to every immigrant youth in the State of California. (2) (A) The department shall allocate funding according to this section. In determining the amount and allocation of contracts awarded pursuant to this section, the department shall consider whether federal funding has been made available and dispersed to organizations or relevant projects in the state. (B) The department shall prioritize awards of contracts or grants to qualified nonprofit organizations as described in Section 13301 that ineligible for federal funds or that have unmet needs despite federal assistance. (b) Counsel shall be conferred pursuant to this section as follows: (1) Access to counsel shall begin at the time an immigrant youth is designated as unaccompanied by a federal or state agency or identified as such by an immigration attorney. (2) Access to counsel may apply in state court proceedings or submitting an affirmative filing for purposes of obtaining any order necessary for or relevant to immigration remedies, federal immigration proceedings, any related appearances or matters, and any appeals arising from those proceedings, before the United States Department of Homeland Security, federal court, or the Department of Justice. (3) Access to counsel does not need to be provided if the immigrant youth has independent counsel. (4) Access to counsel applies to a child who has been designated an immigrant youth at any time throughout the pendency of any of the proceedings identified in paragraphs (1) and (2). If an immigrant youth has been assigned counsel before the immigrant youth reaches 18 years of age, the immigrant youth remains eligible for ongoing access to counsel during the pendency of the proceedings. (c) The department shall contract to provide legal counsel for immigrant youth with either of the following: (1) A qualified nonprofit legal services organization, as described in Section 13301. (2) An office of the public defender for the county, as established pursuant to Section 27700 of the Government Code, if the public defender meets all of the following requirements: (A) The office has an immigration attorney with at least three years of experience handling asylum, T-Visa, U-Visa, or special immigrant juvenile status cases and has represented at least 20 minors in these matters. (B) The office has an immigration attorney with experience representing minors in removal proceedings and asylum applications. (C) The office has an immigration attorney who has conducted trainings on these issues for practitioners beyond their staff. (3) The department may impose additional requirements for an office of public defender for the county to be eligible for a contract. (d) For purposes of this section, an immigrant youth is a person residing in, or formerly residing, California, and is either of the following: (1) The person is an undocumented minor as described in Section 279(g)(2) of Title 6 of the United States Code. (2) The person is under 18 years of age, has no lawful immigration status, arrived in the United States without a parent or legal guardian, or has no parent or legal guardian available and able to assist in the youth’s immigration proceedings. (e) The department shall require contractors pursuant to this section to maintain adequate legal malpractice insurance as necessary and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this section. (f) The department may fund social work services contracted by qualified nonprofit legal service organizations to assist immigrant youth. (Added by Stats. 2025, Ch. 665, Sec. 1. (AB 1261) Effective January 1, 2026.)
  190. 13301.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. )

    Verify source ↗

    Contracts for services under Section 13300 must be used only with qualifying nonprofit legal services organizations and must require specific service, reporting, coordination, and insurance terms.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. ) ## 13301. Contracts awarded pursuant to Section 13300 shall fulfill all of the following: (a) Be executed only with nonprofit legal services organizations that meet all of the following requirements: (1) Have at least three years of experience handling asylum, T-Visa, U-Visa, or special immigrant juvenile status cases and have represented at least 25 individuals in these matters. (2) Have experience in representing individuals in removal proceedings and asylum applications. (3) Have conducted trainings on these issues for practitioners beyond their staff. (4) Have experience guiding and supervising the work of attorneys who themselves do not regularly participate in this area of the law but nevertheless work pro bono on the types of cases described in paragraph (1). (5) Are accredited through the Recognition and Accreditation Program under the United States Department of Justice’s Executive Office for Immigration Review or meet the requirements to receive funding from the Trust Fund Program administered by the State Bar of California. (b) (1) Provide for legal and social services to immigrant youth through a funding method, as determined by the department, that may include administrative and supervisory costs, client services, and court fees. (2) Prioritize the provision of social services to eligible immigrant youth, either directly or through partnerships, which may be satisfied through direct service delivery or formal agreements. (c) Require reporting, monitoring, or audits of services provided, as determined by the department. (d) Require contractors to coordinate efforts with the federal Office of Refugee Resettlement Legal Access Project in order to respond to and assist or represent unaccompanied undocumented minors who could benefit from the services provided under this chapter. (e) Require contractors to maintain adequate legal malpractice insurance and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this chapter. (Amended by Stats. 2026, Ch. 26, Sec. 22. (AB 152) Effective June 29, 2026.)
  191. 13302.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. )

    Verify source ↗

    Contracts and grants under this chapter are exempt from certain contracting rules, records under this chapter are exempt from public inspection, the state has immunity from liability, and the department may implement or clarify the chapter without formal rulemaking.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. ) ## 13302. Notwithstanding any other law: (a) Contracts or grants awarded pursuant to this chapter shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. (b) Contracts or grants awarded pursuant to this chapter shall be exempt from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services. (c) The client information and records of legal and social services provided pursuant to this chapter shall be subject to the requirements of Section 10850 and shall be exempt from inspection under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (d) The state shall be immune from any liability resulting from the implementation of this chapter. (e) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this chapter without taking any regulatory action. (Amended by Stats. 2026, Ch. 26, Sec. 23. (AB 152) Effective June 29, 2026.)
  192. 13303.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. )

    Verify source ↗

    The department must fund certain organizations to provide listed immigration-related services, but only if funding is available, and it must not use those funds for legal services to people with certain violent or serious felony histories except for client intake and inaccurate criminal records.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. ) ## 13303. (a) Subject to the availability of funding in the act that added this section or the annual Budget Act, the department shall provide grants, as described in subdivision (b), to organizations qualified under Section 13304. (b) Grants provided in accordance with subdivision (a) shall be for the purpose of providing one or more of the following services, as determined by the department: (1) Services to persons residing in, or formerly residing in, California, including, but not limited to, any of the following: (A) Services to assist with the application process for initial or renewal requests of deferred action under the DACA policy with the United States Citizenship and Immigration Services. (B) Services to obtain other immigration remedies and benefits. (C) Services to assist with the naturalization process and an appeal arising from the process. (2) Services to provide legal training and technical assistance. (3) (A) (i) Funds available for the purposes of this section shall not be used to provide legal services to an individual who has been convicted of, or who is currently appealing a conviction for, a violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, or a serious felony as defined in subdivision (c) of Section 1192.7 of the Penal Code. (ii) For the purposes of this subparagraph, “legal services” does not include activities relating to client intake, which shall be provided regardless of an individual’s criminal history. (B) Notwithstanding subparagraph (A), this section does not prohibit eligibility for services pursuant to this section for an individual whose criminal record is shown to be inaccurate. (c) For purposes of this chapter, the following terms shall have the following meanings: (1) “DACA” refers to Deferred Action for Childhood Arrivals status as described in guidelines issued by the United States Department of Homeland Security. (2) “Services to assist” includes, but is not limited to, outreach, workshop presentations, document review, Freedom of Information Act requests, and screening services that seek to assist individuals with the services described in subdivision (b). (3) “Legal training and technical assistance” includes, but is not limited to, educational and capacity building activities that will augment the competent provision of legal services to immigrants, including for organizations located in and serving underserved communities. (4) “Immigration remedies” include, but shall not be limited to, U-visas, T-visas, special immigrant juvenile status, Violence Against Women Act self-petitions, family-based petitions, cancellation of removal, and asylum or other remedies that may also include remedies necessary to enable pursuit of immigration protections. (5) “Immigration benefits” include, but shall not be limited to, advanced parole, employment authorization documents, and lawful Permanent Resident Card renewal. (d) No more than 40 percent of grant funds awarded to an organization qualified under Section 13304 shall be advanced to that organization. (e) The department shall update the Legislature on the following information in the course of budget hearings: (1) The timeline for implementation and administration of this section, including important upcoming dates. (2) The participating organizations awarded contracts or grants, and the aggregate amounts awarded for each service described in subdivision (b). (3) The number of applications submitted, and the aggregate amounts requested for each service described in subdivision (b). (4) The number of clients served. (5) The types of services provided and in what language or languages. (6) The regions served. (7) The ethnic communities served. (8) The identification of further barriers and challenges to the provision of services described in subdivision (b). (f) In accordance with Section 1621(d) of Title 8 of the United States Code, this section provides services for undocumented persons. (g) The sum of twenty million dollars ($20,000,000) is hereby appropriated to the Department of Social Services in the 2017–18 fiscal year for immigration services funding to be available for payment to existing entities under contract pursuant to this section for work on behalf of clients involved in, applying for, or subject to federal Deferred Action for Childhood Arrivals status. (h) Notwithstanding any other law, payments shall be made by the Controller to existing entities under contract pursuant to this chapter upon receipt of written notification from the State Department of Social Services of the amounts, contractors, and timing of the payments. (Amended by Stats. 2023, Ch. 43, Sec. 66. (AB 120) Effective July 10, 2023.)
  193. 13304.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. )

    Verify source ↗

    Grants under Section 13303 must be made only with qualified nonprofit organizations and may require reporting, monitoring, audits, and insurance/indemnity protections.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. ) ## 13304. (a) Any grant awarded pursuant to Section 13303 shall fulfill all of the following: (1) Be executed only with a nonprofit organization that meets the requirements set forth either in Section 501(c)(3) or 501(c)(5) of the Internal Revenue Code or in Section 23701d of the Revenue and Taxation Code and that meets all of the following requirements: (A) Except as provided in clause (i) of subparagraph (D), have at least three years of experience handling the type of immigration issues for which the organization is requesting a grant. (B) Have conducted trainings on immigration issues for persons beyond its staff. (C) Is recognized and accredited by the Recognition and Accreditation Program under the United States Department of Justice’s Executive Office for Immigration Review or meets the requirements to receive funding from the Trust Fund Program administered by the State Bar of California. (D) (i) For a legal services organization that provides legal training and technical assistance as defined in subdivision (c) of Section 13303, have at least 10 years of experience conducting immigration legal services and technical assistance and meet the requirements to receive funding from the Trust Fund Program administered by the State Bar of California. (ii) Notwithstanding clause (i), a legal services organization, as described in clause (i), may, at the discretion of the department, instead meet the requirements listed in subparagraphs (A) and (B). (2) Require reporting, monitoring, or audits of services provided, as determined by the department. (3) Require grant recipients to maintain adequate legal malpractice insurance and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this chapter. (b) For grants awarded prior to the effective date of the act that added this subdivision, with the consent of the department and the grantee, the grantee may provide any of the services described in Section 13303, as amended by that act, and any agreement between the department and grantee shall be deemed to authorize the provision of those services. (Amended by Stats. 2026, Ch. 26, Sec. 24. (AB 152) Effective June 29, 2026.)
  194. 13305.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. )

    Verify source ↗

    The department must give grants to qualified organizations for free education and outreach about citizenship, deferred action, and immigration-related rights, if funding is available.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. ) ## 13305. (a) Subject to the availability of funding in the act that added this section or the annual Budget Act, the department shall provide grants to organizations qualified under Section 13306 to provide free education and outreach information, services, and materials about services provided pursuant to subdivision (b) of Section 13303. (b) For purposes of this section, “education and outreach” activities means the dissemination of information or activities that promote the benefits of citizenship or immigration remedies, and explain eligibility to prospective United States citizens or prospective individuals eligible for deferred action, or explain to individuals their immigration-related rights. (1) Education and outreach activities shall include referrals to educational or legal services that support the applicants’ eligibility for citizenship, deferred action, or other immigration remedies, and the importance of participating in civic engagement as a naturalized citizen. (2) Education and outreach activities do not include representation as legal counsel that would assist in the application process for a prospective citizen or prospective individual eligible for deferred action or other immigration remedies. (c) No more than 40 percent of grant funds awarded to an organization qualified under Section 13306 shall be advanced to that organization. (d) The department shall update the Legislature on the following information in the course of budget hearings: (1) The timeline for implementation of this section. (2) The participating organizations awarded contracts or grants. (3) The number of applications submitted. (4) The number of clients served. (5) The types of services provided and in what language or languages. (6) The regions served. (7) The identification of further barriers and challenges to education, outreach, immigration assistance, and legal services related to naturalization and deferred action. (Amended by Stats. 2026, Ch. 26, Sec. 25. (AB 152) Effective June 29, 2026.)
  195. 13306.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. )

    Verify source ↗

    Grants under Section 13305 may be given only to qualifying nonprofit organizations with the required tax status or code and at least three years of the specified outreach experience.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. ) ## 13306. (a) Grants awarded pursuant to Section 13305 shall be provided only to nonprofit organizations that meet the requirements set forth either in Section 501(c)(3) or 501(c)(5) of the Internal Revenue Code or in Section 23701d of the Revenue and Taxation Code and have at least three years of experience with both of the following: (1) Conducting education and outreach with immigrant populations. (2) Conducting outreach for government benefits and programs. (b) This section shall become operative on January 1, 2016. (Amended by Stats. 2025, Ch. 451, Sec. 4. (AB 1318) Effective October 7, 2025.)
  196. 13307.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. )

    Verify source ↗

    The department may move chapter funds among listed services, but it must give written notice to legislative and finance bodies, including 30 days' notice before certain larger changes or transfers.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. ) ## 13307. The department may transfer funds appropriated for the purposes of this chapter among services described in this chapter in response to the results of requests for applications received or to changing state or federal law. Following the award of funding pursuant to this section, the department shall provide written notification to the Joint Legislative Budget Committee of the items specified in subdivision (e) of Section 13303. Subsequent to this notification, and in addition to the update required by subdivision (e) of Section 13303, the department shall provide written notification to the Department of Finance and the Joint Legislative Budget Committee no less than 30 days prior to either of the following, unless a shorter timeframe is requested by the department due to emergent circumstances: (a) Any proposed changes that adjust the aggregate amount awarded for any particular service described in subdivision (b) of Section 13303 by more than 15 percent. (b) For any proposed transfers of funding between the purposes of Sections 13300 and 13303. (Added by Stats. 2017, Ch. 24, Sec. 43. (SB 89) Effective June 27, 2017.)
  197. 13308.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. )

    Verify source ↗

    This chapter is severable, so if one part is invalid, the rest can still remain in effect if it can work without the invalid part.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. ) ## 13308. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2017, Ch. 24, Sec. 44. (SB 89) Effective June 27, 2017.)
  198. 13310.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. )

    Verify source ↗

    A county must use its best efforts to give undocumented minors or nonminor dependents in foster care access to immigration legal services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.6. Services for Undocumented Persons [13300 - 13310] ( Heading of Chapter 5.6 amended by Stats. 2015, Ch. 20, Sec. 22. ) ## 13310. A county shall make its best efforts to provide an undocumented minor or nonminor dependent in foster care under the jurisdiction of the juvenile court with access to immigration legal services. This access may be provided by the child welfare agency through outside legal service providers. (Added by Stats. 2021, Ch. 528, Sec. 3. (AB 829) Effective January 1, 2022.)
  199. 13400.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.7. Rapid Response Program [13400 - 13408] ( Chapter 5.7 added by Stats. 2019, Ch. 27, Sec. 96. )

    Verify source ↗

    The State Department of Social Services must run a rapid response program that awards grants or contracts to entities providing critical assistance to immigrants during times of need.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.7. Rapid Response Program [13400 - 13408] ( Chapter 5.7 added by Stats. 2019, Ch. 27, Sec. 96. ) ## 13400. The State Department of Social Services shall administer a rapid response program to award grants or contracts to entities that provide critical assistance to immigrants during times of need. (Added by Stats. 2019, Ch. 27, Sec. 96. (SB 80) Effective June 27, 2019.)
  200. 13401.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.7. Rapid Response Program [13400 - 13408] ( Chapter 5.7 added by Stats. 2019, Ch. 27, Sec. 96. )

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    State-funded grants or contracts under this chapter must meet specified conditions, including reporting oversight, service-use limits, experience requirements, and funding coordination rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.7. Rapid Response Program [13400 - 13408] ( Chapter 5.7 added by Stats. 2019, Ch. 27, Sec. 96. ) ## 13401. (a) Grants or contracts awarded by the State Department of Social Services pursuant to this chapter shall comply with all of the following: (1) May be executed with entities, including, but not limited to, nonprofit entities that meet the requirements set forth in either Section 501(c)(3) or 501(c)(5) of the Internal Revenue Code or in Section 23701d of the Revenue and Taxation Code. An entity may partner with another entity to meet the requirements of this paragraph. (2) Shall require reporting, monitoring, or audits of assistance provided, as determined by the department. (3) Shall be used to deliver the following critical assistance to immigrants, as determined necessary by the department: (A) Medical screening and treatment needs identified by that screening. (B) (i) Temporary shelter that meets minimum habitability standards, including access to a bathroom, shower, and safe sleeping space. The entity may provide this assistance through temporary direct housing support, rental of physical space or hotel rooms, or by operating a shelter. (ii) For purposes of this paragraph, shelter operations include, but are not limited to, any of the following: (I) Securing physical space and making any necessary modifications to that space as required by a fire marshal or other legal authority. (II) Personnel to oversee the shelter, including security officers. (III) Janitorial services. (IV) Laundry services. (V) Insurance. (VI) Any other associated and necessary costs of operating a shelter. (C) Food. (D) Clothing and other essential supplies. (E) Transportation. (F) Communications, including telephone and internet access, and translation services. (G) Outreach and case management to support the delivery of the services listed in this paragraph. (4) An entity that is awarded a grant or contract to provide medical screening shall have at least three years of experience providing medical screenings or other equivalent health care related services. (5) An entity that is awarded a grant or contract to provide assistance other than medical services shall have at least three years of experience providing the assistance for which the entity seeks funding or shall subcontract with another entity that has at least three years of experience providing those services. (6) An entity that is awarded a grant or contract pursuant to paragraph (5) to provide medical screenings may subcontract with another entity that has at least three years of experience providing medical screenings or other equivalent health care related services. (b) Not more than 40 percent of each grant or contract awarded to an entity shall be advanced to that entity. (c) Funding pursuant to this chapter shall be coordinated with any other funds available to support immigrants with critical assistance, and shall supplement and not supplant those funds. (Amended by Stats. 2025, Ch. 451, Sec. 5. (AB 1318) Effective October 7, 2025.)

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