In-Home Supportive Services (IHSS)
We base our materials on the law at the time we write them. The law can change at any time. If you have a question about the legal accuracy of the materials, contact us or another legal resource.
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This publication is to help you review, and, if necessary, challenge reductions and/or elimination of your In-Home Supportive Services (IHSS) hours. This publication contains the following attached worksheets to help you obtain the information you need in order to prepare for a fair hearing:
- Request for Information Documenting Patient’s Functional Limitations
- IHSS Self Assessment Worksheet
- IHSS Assessment Criteria Worksheet
If you currently reside in a nursing home, hospital, or other facility and would like to move home, counties are required to process your application for In-Home Supportive Services (IHSS).
California Department of Social Services (CDSS) All County Letter 02-68 outlines the responsibility of county welfare departments to conduct assessments of applicants ready for discharge from medical facilities and non-medical out-of-home placements.
1. Can I receive IHSS hours for my provider to take me to doctors’ appointments?
Yes, this is called “accompaniment to medical appointments.” Medical accompaniment to “health care appointments” (e.g. medical appointment at a doctor’s office, dentist and to other health practitioners) is an IHSS service certain IHSS recipients can receive. Medical accompaniment can be authorized when a recipient needs another IHSS service in order to get to and from a medical appointment or alternative resource, and/or at their destination.1 For example, if a recipient has been authorized for accompaniment to medical appointments, the provider can also be paid to help the IHSS recipient travel to and from medical appointments.
This publication explains the actions that In-Home Supportive Services (IHSS) county staff may take to prevent fraud and ensure that only eligible IHSS recipients receive services and only those services to which they are entitled.
Protective supervision is an IHSS service for people who, due to a mental impairment or mental illness, need to be observed 24 hours per day to protect them from injuries, hazards or accidents.
Federal funding for the California Community Transitions (CCT) program and spousal impoverishment expansion has ended effective December 31, 2018. Funding may become available again, depending on federal legislation and whether the state of California is able to continue the programs. Check DRC’s website for more information in the coming months. Spousal impoverishment protections still apply to individuals in nursing facilities and on HCBS waivers. If you are not sure if the protections apply to you, you can contact DRC.
If you request a California State Fair Hearing and you cannot attend the hearing at the designated location in the county due to medical, physical, transportation limitations or other reason, you can request a home hearing. MPP 22-045.11 “If the claimant is unable to attend the hearing at the hearing location for reasons of poor health, the hearing shall be held in the claimant's home or in another place agreed to by the county and the claimant.”
Home visits have always been part of the assessment or reassessment process for IHSS services. IHSS social workers do these home visits. In 2009, California law was amended requiring the California Department of Social Services (CDSS) to establish a stakeholder group to develop protocols for state and county roles and responsibilities for implementing integrity and fraud prevention measures in the IHSS program. The stakeholder group developed the Uniform Statewide Protocols for Program Integrity Activities in the IHSS Program (Protocols).