What This Law Does
Welfare and Institutions Code § 12301 established California’s In-Home Supportive Services (IHSS) program. It defines:
- Who qualifies as an IHSS recipient (aged, blind, or disabled adults and children)
- What services can be authorized (domestic, personal care, paramedical, etc.)
- How hours are assessed and authorized by counties
- The legal relationship between providers, recipients, and the state/county
The Employer-of-Record Structure
Under IHSS, the recipient is the employer for most purposes — they hire, supervise, and can terminate their provider. However, the county is the employer for wage and hour purposes (setting pay rates through collective bargaining with SEIU 2015).
This dual-employer structure affects how overtime authorization, workers’ compensation, and payroll are handled.
Service Categories Covered
- Domestic services (cleaning, cooking, laundry)
- Personal care services (bathing, dressing, grooming)
- Paramedical services (medications, wound care — with authorization)
- Protective supervision
- Transportation to medical appointments
How Hours Are Set
A county social worker conducts a needs assessment and authorizes a specific number of hours per month based on the recipient’s functional limitations. Providers may not bill for more than the authorized hours without requesting a reassessment.