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Here in Support the IHSS Disabled Recipient and their Careproviders 

IHSS Community Support California
Most laws are national but some are limited to within states. 

The IHSS official government website has a lot of information, forms, and details, and the authorities are not always providing the appropriate processing. 

You have a right to NOA on paper, mailed to you of approvals, changes, instructions and denials, and the reasons, and codes of law to review in case of error. 


You have a right to appeal if you find errors on the NOA, or details missing, or the notice needs clarification so anyone can understand, or you have new evidence to use. 

Use certified proof of delivery to create legally binding documentation, and learn how to write to quote MMBA NOA and other laws as applicable. When you use other methods of communication, you are opting out of formal due process. It may seem easier to call or email but those methods provide no formal response, and the authorities are not required to reply, or write the NOA, if they don't want to unless you write. 

You can do everything right, but unless you write to quote MMBA and NOA laws, the authorities are not obligated to respond in writing. 

 

IHSS JUSTICE

Image by Rémi Walle

IHSS Community User Support

 

It's one thing to find and know the laws and agency regulations, but it's another to force government compliance, but no one shows the IHSS users the most important information, evidence, or the far reaching consequences free to the public and free, so our volunteers help spread awareness and IHSS justice many times in the past, and continue to help since 2014.

The Department of Labor, and the Public Employment Relations Board and other authorities have show
n us priceless tips and I want everyone to benefit and share the tips that the authorities and union may not necessarily want the IHSS community to know.

Topics of Justice: 

 

How to write to force government compliance and Notice of Action MMBA NOA laws (Required)

IHSS 2014-7 Exempt for all Live in Careprovider Exemptions and Special Allowances 


FLSA LAW

IHSS Wait Time Travel Time Overtime Additional Hours and Exemptions

IHSS "2 Overtime Hour Cap Exemptions" 

IHSS Providers Union Facts and Resignation Kit, and Harris vs Quinn Supreme Court Ruling ~ How to Stop Unwanted Illegal Optional Union Deductions at SEIU UDW

IHSS Live in Careprovider Exemptions and Special Allowances 

HUD Section 8 Unearned income Exemptions

SSI Eligibility and Exemptions

Better Qualify for breaks on tuition, and Student Debt Freeze.

How to Appeal like a champion 

Abuse and Reporting Give Fraud and Noncompliance of Policy Procedure, or Notice of Action, or Interference with employee tax preparation and eligibility, contact PERB and the CA Dept of Labor.


 

Justice for All!

Sharing Our Bag of Tips
 

Collection
of instructions,
forms, and
Evidence contributed
by IHSS
providers
and recipients
like you. 

IHSS link to many topics of interest. https://www.cdss.ca.gov/inforesources/ihss

About

 

Mhana Mason is a 5 decade disabled advocate, and volunteers to help the IHSS disabled recipients and their IHSS careproviders, authorized reps, and their families, in her free time. 

The California Dept of Labor authorities taught me how to use the MMBA and NOA and other laws to use to force IHSS and all other federally funded agencies, benefits, programs, businesses, and schools to write in response and comply to the laws and agency regulations. After learning how to force government compliance, please share the tips with the other providers and recipients, and authorized reps, and your friends and family to use. If you have legal representation, show them too. 

If you use MMBA and NOA laws correctly, you should not need legal representation to force compliance. 

Link to MMBA NOA Laws to force formal due process and government compliance within a reasonable time frame. 
Learn more >

What is IHSS

Welcome visitors to your site with a short, engaging introduction. 

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What is IHSS?
IHSS is a statewide program administered by each county under the direction of the California Department of Social Services. It provides those with limited income who are disabled, blind or over the age of 65 with in–home care services to help them remain safely at home.
 

The four different IHSS programs
There are four different IHSS programs: The Community First Choice Option Program (CFCO), the Medi–Cal Personal Care Services Program (PCS), the IHSS Independence Plus Option Program (IPO) and the Original or Residual IHSS Program (IHSS–R). Each of these programs provides the same services, but have different eligibility criteria based, in part, on whether they are funded with federal money.

CFCO – Recipients are eligible because they have qualified for Medi-Cal and would otherwise need a nursing home level of care.  Most IHSS recipients are in the IHSS-CFCO program.

PCS – Recipients are eligible because they have qualified for Medi–Cal on the basis of age, blindness or disability. Most IHSS recipients who do not qualify for the IHSS-CFCO program are part of the Medi-Cal PCS program.
IPO – Recipients are eligible because they have qualified for Medi–Cal and are also part of one of the following groups: parent provider for a minor child, spouse providers, advance pay cases or meal allowance cases.
IHSS–R – Recipients do not meet PCS or IPO requirements and are usually persons with Satisfactory Immigration Status, which denies them federal reimbursement.  There are very few people in this category.

What services does IHSS provide?
Services include, but are not limited to:

Domestic and Related Services: meal preparation, cleaning, laundry and taking out the garbage.
Personal Care Services/Non–Medical Care: bathing, feeding, dressing, grooming and toileting.
Paramedical Tasks: assistance with medications, injections, bowel and bladder care.
Protective Supervision: monitoring persons with cognitive or mental impairments to prevent injury.
Transportation and accompaniment to medical appointments.

Who is eligible for IHSS?
Any California resident is eligible for IHSS if they:

Are SSI/SSP or Medi–Cal eligible.
Are blind, disabled or 65 years of age or older.
Are living in a home, apartment or abode of their choosing (not including a hospital, nursing home, assisted living or licensed care facility).
Are unable to live safely at home without care.
Note:Residents of long term care facilities may not receive IHSS in the facility, but may apply if they are expected to be discharged so that IHSS is in place when they return to their homes.
 

What are the financial requirements for IHSS?
To be eligible for IHSS, a person must be enrolled in Medi-Cal. For more information on financial eligibility for Medi-Cal, see CANHR’s fact sheet on Community-Based Medi-Cal programs: http://canhr.org/factsheets/medi-cal_fs/PDFs/FS_Aged_and_Disabled_Medi-Cal_Program.pdf. Individuals who receive Medi-Cal with no share of cost (SOC) through SSI-linked Medi-Cal, the 250% Working Disabled Program, Aged and Disabled Program (income limit of  $1,564 for an individual and $2,106 for a couple as of April 1, 2022), or expansion Medi-Cal, will also be entitled to IHSS with no SOC.

Individuals whose income is too high to qualify for IHSS with no SOC may still be eligible for IHSS and Medi-Cal with a SOC under the Aged-Blind-Disabled Medically Needy Program (ABD-MN). If so, they will have to pay their SOC to their IHSS provider (or other Medi-Cal providers) before getting covered IHSS. 
 

Those who qualify for IHSS and Medi–Cal with a SOC will receive two Notices of Actions (NOA). One NOA from the Medi–Cal program will state the SOC amount, and the other NOA from IHSS will state they are eligible for benefits.

How Do I calculate My Share of Cost?
Share of Cost is based on countable income, including earned income and unearned income.  Earned income includes salaries, wages, tips, professional fees, and other pay for physical or mental work.  Unearned income includes social security, disability payments, and other income one receives without doing any work.  Examples include disability benefits, income from a trust or investment, and profits or funds from any source other than work.
 

In determining Share of Cost, Medi-Cal deducts a Maintenance Needs Allowance (MNA) of $600 for a single person from the total countable earned and unearned income.
 

The following amounts are also deducted each month:

$20 from unearned income
Health insurance premiums
Earned income deductions:
$65

An additional $20 can be deducted from earned income if there is no unearned income.
Work expenses related to disability (cost of items related to impairment that are necessary to becoming or remaining employed—maintenance of a van that fits your needs, certain clothing, attendant care services, transportation, medical devices, work–related equipment, etc.).

Half of the remaining earned income.
Example 1: Disabled Consumer over Unearned Income Limit

Mr. Lee gets $1,300 from Social Security Disability Insurance (SSDI) every month. It is his only income.
  $ 1,6 00        (Mr. Lee’s unearned income from SSDI)
–     $ 20          (General Income Deduction)
= $ 15 80        Countable Income

Mr. Lee’s countable income is $98 above the $1,482 income limit for the Aged and Disabled Medi–Cal program. His share of cost for Medi–Cal would be $9 80, because of the $600 Maintenance Needs Allowance ($1,580 – $600 = $980 ). However, if Mr. Lee incurs $98 in additional medical premiums each month, he could reduce his share of cost to $0.
 

Example 2: Aged Consumer over Unearned Income Limit with Medical Deductions

Ms. O’Connor is 84 years old and receives $1,800 a month in Social Security benefits.
   $ 1,800         (Ms. O’Connor’s unearned income from Social Security)
–      $ 20         (General Income Deduction)
–    $ 185         (Medicare Supplemental Insurance)
   $ 1,595         Countable Income
 

Ms. O’Connor’s countable income is $31 above the $1,564 income limit for the Aged and Disabled Medi–Cal program ($1,595 - $1,564 = $31). That means Ms. O’Connor will be evaluated under the Medically Needy Program with a Share of Cost, outlined below.

Ms. O’Connor’s Share of Cost for Medi–Cal would be $995 ($1,595 – $600 MNA = $995). Thus, she must pay or incur $995 each month in medical expenses before Medi-Cal will cover her remaining medical expenses. Ms. O’Connor can reduce her Share of Cost to $0 if she reduces her income to $1,564 by purchasing additional insurance premiums (such as dental, vision, etc.) that cost at least $31 monthly. Proof of these must be submitted to the Medi-Cal office at the beginning of the month to ensure that the share of cost will not be taken out of the IHSS providers’ checks.


Example 3: Aged/Disabled Consumer with Earned Income and Work Related Deductions

Mr. Smith earns $1,000 at his part–time job monthly, and receives $500 from Social Security. He also pays his neighbor $200/month to drive him to work, because he cannot drive due to an injury to his legs.

$ 1000             (Mr. Smith’s earned income)
-   $ 65             (Earned Income Deduction)
  $ 935

  $ 467.50        (Half of remaining earned income after the deduction - 1/2 X $935)
+$ 500             (Mr. Smith’s unearned income)
  $ 967.50
–  $ 20             (Unearned Income Deduction)
–$ 200             (Work Related Expenses due to Disability)
  $ 747.50
 

Mr. Smith is eligible for no Share of Cost Medi-Cal and IHSS because his income is under the Aged & Disabled income limit of $1,564.

Who provides IHSS services?

Each county can choose different modes of services delivery: Contract, County Homemaker, or Independent Provider (IP). However, it is up to the individual to decide what mode of service delivery they wish to receive. In the Contract mode, the County contracts with an outside agency that employs IHSS caregivers. In the County Homemaker mode, the County trains and employs caregivers. Most IHSS clients use the IP mode of service, where the client hires, fires and supervises caregivers.  
 

In most counties, Public Authorities have been established to improve IP service delivery. IHSS pays IP’s who are hired and supervised by the recipient or the recipient’s guardian/authorized representative. Many IP’s are relatives of the client. Payments are issued by the State Controller’s Office, directly to the IP. Wages for IHSS caregivers vary from county to county. For a list of IHSS caregiver wages by county, please visit https://www.cdss.ca.gov/inforesources/ihss/county-ihss-wage-rates. In the Bay Area Counties, Public Authorities have been able to negotiate higher wages and comprehensive health and dental benefits. 

How do I apply for IHSS?

Call or visit your local Department of Social Services: https://www.cdss.ca.gov/inforesources/county-ihss-offices to complete an IHSS application. Once IHSS receives your application, a social worker will come to your home to conduct a needs assessment. During the needs assessment, the social worker will ask you questions about your physical and mental capacity to determine the types of services you need and the number of hours for each service. As part of the application process, you will need to have your health care provider fill out a medical certification form (SOC 873: www.cdss.ca.gov/cdssweb/

entres/forms/English/SOC873.pdf) stating that you are not able to do some activities of daily living (ADLs) on your own and without IHSS you would be at risk for out of home placement. Your living situation will also be evaluated. After the needs assessment, the IHSS worker will contact you and let you know if you have been approved or denied the service. If approved, the IHSS worker will tell you how many hours were authorized for each service, and how many total monthly hours have been approved.

The Disability Rights California In-Home Supportive Services (IHSS) Advocates Manual provides detailed information about how to apply to IHSS and receive the most hours possible.
 

The Bet Tzedek IHSS Companion (www.bettzedek.org/our-services/resources) provides detailed information about how to apply to IHSS and receive the most hours possible.

How does IHSS calculate how many hours I get?

The State has limited monthly services hours to 195 hours per month for non–severely impaired applicants and 283 hours per month for the severely impaired. The County Social Services Agency is responsible for doing a needs assessment for each client at the time of application, every twelve months thereafter, and whenever the county has information that the recipient’s physical/mental condition or living/social condition has changed. The number of hours authorized may change with each evaluation.
 

The assessment evaluates:

The client’s physical/mental condition, living/social situation and ability to perform various functions of daily life.
The client’s statement of need.
Medical records/physicians’ statement of need.
Other information the case manger may consider necessary and appropriate to assess the need.
For information on preparing for the IHSS needs assessment, see Disability Rights California’s "IHSS Self Assessment Worksheet": https://www.disabilityrightsca.org/system/files/file-attachments/548201-c.pdf ” and "IHSS Fair Hearing and Self-Assessment Packet": www.disabilityrightsca.org/pubs/501301.pdf.”
 

Appeals
If you are denied Medi-Cal or IHSS or if you do not agree with the number of hours authorized, you may appeal the decision by filing for a fair hearing. The appeals procedure is outlined on the back of the notice you will receive. For assistance in filing an appeal, contact your local legal services office. (See CANHR’s page on Helpful Links: www.canhr.org/Helpful_Links.html).

Page Last Modified: July 15, 2022

1. Medi-cal / IHSS applications for disabled recipient employers

 

Application, requirements, and Tips for all IHSS providers. 

2. How to Claim 2014-7 Exempt to better qualify, and get exempt income verification documents

 

All IHSS providers who live in the same home as their IHSS disabled recipient employers have option to claim 2014-7 exempt by filing W4 and Tax returns, to obtain undeniable exempt income verification documentation. This is especially important for live in providers who are related or spouse to the recipient, but all live in providers qualify to claim 2014-7 exempt. or opt to file as earned income status, or opt not to file their unearned income as earned or 2014-7 Exempt.

The live in providers that opt not to file as earned or 2014-7 exempt on W4 and tax returns will have little or no exempt income verification documentation to show to income eligibility. 2014-7 Exempt is more than a tax exemption, it's an earned and unearned income status that protects and better qualifies those with unearned income in their household. The Live in provider is the only person that can claim to protect their income and benefits, and also the recipient's income and benefits. Read more... 

4. IHSS Provider Union Resignation Kit


We defend the rights of all providers to sign and join with full awareness, or opt out, remain, or write to resign and stop dues and claim full refund as far back as 6/2014. 
 

How to stop unwanted/illegal SEIU union dues and COPE political deductions without waiting for the anniversary of the date of first membership, and claim refund, as applicable by date. https://docs.google.com/document/d/1kE40PWhrot7Vwr52OYbFzXfizOx7xmW0hEseANfuEHY/edit?fbclid=IwAR17XoIA0jlyBDqlWE_7hqZdRuSCHxPCbCdvm8qXE2pdGOixl5mtVIx2-7Q

Harris vs Quinn Supreme Court Ruling Union Facts ~ Union is Optional Since June 2014. https://www.facebook.com/notes/ihss-community-user-support/harris-vs-quinn-supreme-court-ruling-union-facts-union-is-optional-since-june-20/128992705149830/

8. Expanding CalFresh to Older Adults & People with Disabilities Receiving SSI Implementation Update – September & October 2019 

https://www.cdss.ca.gov/Portals/9/CalFresh%20SSI%20Cash-Out/Sept-Oct%202019%20CF%20Expansion%20SSI%20Implementation%20Update-FINAL.pdf?ver=2019-11-19-112845-167

Excludes SSI 

Expanding CalFresh to SSI/SSP Recipients Beginning June 1, 2019

Assembly Bill 1811, the Fiscal Year (FY) 2018-2019 Human Services Omnibus Trailer Bill, reverses the CalFresh eligibility policy known as “cash-out” under which Supplemental Security Income (SSI)/ State Supplemental Payment (SSP) recipients are ineligible for CalFresh.  In addition, AB 1811 creates the SSI/SSP Cash-In Supplemental Nutrition Benefit (SNB) Program and the SSI/SSP Cash-In Transitional Nutrition Benefit (TNB) Program, and augments the grant amount for the Cash Assistance Program for Immigrants (CAPI).
 

Beginning Summer of 2019, individuals receiving or authorized to receive SSI/SSP are eligible for CalFresh, provided all other eligibility criteria are met.  Additionally, at that time, current CalFresh households negatively affected by the policy change may be eligible for SNB and TNB Program benefits.
 

Over the next year, the CDSS, counties and stakeholders will be involved in an intensive implementation planning process, including policy, customer experience, and outreach plan development. CDSS will post implementation related meetings, webinars and materials, as well as regular implementation updates, to this webpage in an effort to provide all interested partners the latest information on progress made toward implementation.


https://www.cdss.ca.gov/inforesources/calfresh/supplemental-security-income

Calfresh Video Stops Counting SSI
https://www.facebook.com/LACoDPSS/videos/357057104859636/?fref=gs&dti=1159048670855647&hc_location=group

Collection of Hidden Change of Monthly Income Forms: 
https://www.facebook.com/notes/ihss-community-user-support/collection-of-change-of-monthly-income-forms/154696745912759/

Calfresh Application https://www.cdss.ca.gov/cdssweb/entres/forms/English/CF285.pdf

Handy Links:

How to Order Forms and Publications (print from online)
https://www.cdss.ca.gov/inforesources/Forms-Brochures/How-to-Order-Forms

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