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Legislation WIC § 12301 active

IHSS Program — Authorization and Eligibility

Plain English Summary

This is the main state law that created and governs the IHSS program — who qualifies as a recipient, what services are covered, how providers are paid, and how counties administer the program.

Impact on IHSS Home Care Workers

Every IHSS provider's job exists because of this law. It sets the framework for authorized hours, service categories, and the employer-employee relationship between recipients and providers.

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.

Effective: December 31, 1972

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