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Legislation CA WIC ยง 12300 active

IHSS Authorization โ€” Welfare & Institutions Code ยง 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 Workers

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

Full Summary

Welfare & Institutions Code ยง 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 ยง 10950. Request one within 90 days of any adverse action notice.

Effective: December 31, 1972