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Legislation CA WIC § 12300 active

IHSS Authorization — Welfare & Institutions Code § 12300

Plain English Summary

This is the main law that created IHSS. It says California must provide in-home care services to elderly and disabled Medi-Cal recipients who would otherwise need nursing home placement.

Impact on IHSS Home Care Workers

Every IHSS provider's job exists because of this code. It also defines what services are authorized — if a county denies a service, you can appeal citing this section.

Full Summary

Welfare & Institutions Code § 12300 establishes the In-Home Supportive Services (IHSS) program as a mandatory Medi-Cal benefit. It authorizes counties to provide personal care, domestic services, and paramedical services to eligible recipients.

Key Provisions

  • Eligibility: Recipients must be 65+, blind, or disabled and receiving or eligible for SSI/SSP.
  • Assessment: County social workers assess functional needs to determine authorized hours.
  • Provider Employment: Recipients may hire their own providers; counties act as the employer of record for payroll purposes.

Appeal Rights

If your hours are reduced or a service is denied, you have the right to a State Hearing under WIC § 10950. Request one within 90 days of any adverse action notice.

Effective: December 31, 1972

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