reglab/housing_qa huggingface dataset:
CA Welf & Inst Code § 12305.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 3 - State Supplementary Program for Aged, Blind and Disabled|ARTICLE 7 - In-Home Supportive Services|Section 12305.5.

12305.5.  (a) Notwithstanding any other provision of this chapter, any person who:(1) Was once determined to be disabled in accordance with Section 1614 of Part A of Title XVI of the Social Security Act (Section 1382c, Title 42, United States Code), and(2) Became ineligible for benefits under this chapter because the person engaged in substantial gainful activity, and(3) Continues to suffer from the physical or mental impairments which were the basis of the disability determination required under paragraph (1), and(4) Requires in-home supportive care to carry out any or all of the following: (A) Routine bodily functions, such as bowel or bladder care.(B) Dressing.(C) Preparation and consumption of food.(D) Moving into and out of bed.(E) Routine bed bath.(F) Ambulation.(G) Any other function of daily living as determined by the director;shall be considered to be disabled, for the purposes of this article only, even though such person is engaged in substantial gainful activity. Regardless of whether such person has excess income, such person shall be eligible to receive payment under this article to purchase in-home supportive services if his income is insufficient to provide for the cost of such care, and he is otherwise qualified under this article.(b) For purposes of this section, “substantial gainful activity” means work activity considered to be substantial gainful activity under applicable federal regulations adopted pursuant to Section 1614 of Part A of Title XVI of the Social Security Act.(c) The determination of continued impairments and the need for in-home supportive care shall be supported by medical reports when requested. Such reports shall be provided at the expense of the department.(d) This section shall not be construed as creating any entitlement to state supplementation pursuant to Section 12150.(Amended by Stats. 1978, Ch. 1362.)
CA Welf & Inst Code § 12305.6 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 3 - State Supplementary Program for Aged, Blind and Disabled|ARTICLE 7 - In-Home Supportive Services|Section 12305.6.

12305.6.  (a) Notwithstanding any other provision of law, any person specified in subdivision (b) shall be eligible for in-home supportive services under this chapter.(b) Subdivision (a) shall apply to any person who meets all of the following requirements:(1) He or she is not eligible for benefits under this chapter because of the provisions of federal Public Law 104-193 affecting eligibility under Title XVI of the Social Security Act.(2) He or she would be eligible for benefits under this chapter but for the provisions of federal Public Law 104-193 affecting eligibility under Title XVI of the Social Security Act. Eligibility under this chapter shall include the same deeming provisions pursuant to Title XVI of the Social Security Act (Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42, United States Code).(3) He or she continues to meet all other applicable eligibility criteria for receiving benefits under this chapter.(Added by Stats. 1997, Ch. 606, Sec. 28. Effective October 3, 1997.)
CA Welf & Inst Code § 12305.72 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 3 - State Supplementary Program for Aged, Blind and Disabled|ARTICLE 7 - In-Home Supportive Services|Section 12305.72.

12305.72.  The department shall convene periodic meetings in which supportive services recipients, providers, advocates, IHSS provider representatives, organizations representing recipients, counties, public authorities, nonprofit consortia, and other interested stakeholders may receive information and have the opportunity to provide input to the department regarding the quality assurance, program integrity, and program consistency efforts required by Sections 12305.7 and 12305.71. The program development activities that shall be covered in these meetings shall include, but are not limited to:(a) Implementation of variable assessment intervals as provided in Section 12301.1.(b) Development and implementation of statewide hourly supportive services task guidelines as provided in Section 12301.2.(c) Development and implementation of a standardized medical certification form for protective supervision, as provided for in Section 12301.21.(d) The development and implementation of statewide training for county staff, as specified in subdivision (e) of Section 12305.7, on various subjects relating to the provision of supportive services including, but not limited to, the uniformity system, variable assessment intervals, statewide hourly task guidelines, and the standardized medical certification form for protective supervision services.(e) The development and implementation of approaches to verifying receipt of program services by program recipients.(f) Alternatives to requiring that a full reassessment be completed in order to authorize a temporary increase in supportive services hours following the discharge of a recipient from a medical facility.(Added by Stats. 2004, Ch. 229, Sec. 47. Effective August 16, 2004.)
CA Welf & Inst Code § 12305.8 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 3 - State Supplementary Program for Aged, Blind and Disabled|ARTICLE 7 - In-Home Supportive Services|Section 12305.8.

12305.8.  The following definitions apply for purposes of this article:(a) “Fraud” means the intentional deception or misrepresentation made by a person with the knowledge that the deception could result in some unauthorized benefit to himself or herself or some other person. Fraud also includes any act that constitutes fraud under applicable federal or state law.(b) “Overpayment” means the amount paid by the department or the State Department of Health Services to a provider or recipient, which is in excess of the amount for services authorized or furnished pursuant to this article.(c) Notwithstanding any other provision of law, “health care benefits” includes supportive services, for purposes of subdivision (a) of Section 550 of the Penal Code.(Added by Stats. 2004, Ch. 229, Sec. 48. Effective August 16, 2004.)
CA Welf & Inst Code § 12305.83 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 3 - State Supplementary Program for Aged, Blind and Disabled|ARTICLE 7 - In-Home Supportive Services|Section 12305.83.

12305.83.  (a) When it has been determined that a provider of supportive services participating under this chapter has received an overpayment that is a debt due and owing, as defined in subdivision (g) of Section 14043.1, the director or the county may, to the extent permissible under existing labor laws, recover the overpayment by offset against any amount currently due to a provider under the provisions of this chapter, Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) or by means of a repayment agreement executed between the provider and the director or the county, or by filing a civil action.(b) The department, in consultation with the entities listed in Section 12305.72, shall identify, define, and develop policies, procedures, and applicable due process requirements under which overpayments to supportive services providers will be identified and recovered.(c) If it is determined that an overpayment to a supportive services provider has occurred the county shall:(1) Take all appropriate actions to recover the full amount of the overpayment by any combination of the following actions:(A) Offsetting the overpayment from any future warrants to that provider for services provided to any recipient of services pursuant to subdivision (d).(B) Entering into a negotiated repayment agreement.(C) Filing a civil court action.(2) If the overpayment was determined to have occurred as a result of fraud on the part of the supportive services provider, take all appropriate actions to suspend or exclude the provider as an enrolled provider and to prevent in the future any further payment of state or federal funds to the provider for up to 10 years following the conviction or the term of incarceration following the conviction for fraud.(d) If the overpayment described in this section was determined to be the result of fraud, the full amount of the overpayment may be offset, in total, from any future warrants, as described in paragraph (1) of subdivision (c). If the overpayment is not determined to be the result of fraud the offset shall be limited to either of the following:(1) The amounts provided for in a repayment agreement negotiated with the provider.(2) No more than 5 percent of each warrant, for errors caused by the government and no more than 10 percent of each warrant, for errors resulting for any other reason, until the full or negotiated amount is recovered.(Added by Stats. 2004, Ch. 229, Sec. 51. Effective August 16, 2004.)
CA Welf & Inst Code § 12305.84 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 3 - State Supplementary Program for Aged, Blind and Disabled|ARTICLE 7 - In-Home Supportive Services|Section 12305.84.

12305.84.  (a) Upon enactment of this section, the department shall convene a stakeholder group and begin a process with this group to develop and issue a report evaluating the implementation of the quality assurance and fraud prevention and detection activities enacted from 2004 to the present. The department shall include and collaborate with the State Department of Health Care Services, the California State Association of Counties, the County Welfare Directors Association, and stakeholders representing consumers and providers.(b) The department shall provide this report to the Legislature on or before December 31, 2010.(c) The stakeholder group shall:(1) Review the annual error reports issued and state-level quality assurance activities to date required by Section 12305.7 and review and evaluate the implementation of county quality assurance activities required by Section 12305.71, including a review of the number of instances, amounts, and causes of overpayments and underpayments identified by quality assurance activity at the state and county level from enactment to date.(2) Review information available regarding prevention and early detection of fraud, the latter as defined by Section 12305.81.(3) Collect and review information regarding referrals of suspected fraud to the State Department of Health Care Services pursuant to Section 12305.82, and subsequent investigative efforts, including cost-benefit information regarding these efforts, as well as the number of fraud cases handled locally.(4) Collect and review information regarding final convictions for fraud, including all of the following:(A) The amount of funds involved in the conviction.(B) The basis of the fraud conviction, including whether it involved services not provided or falsified consumers or providers, or both.(C) Aggregate information regarding the number and source of individuals responsible, including, but not limited to, state employees, IHSS providers, consumers, county workers, or others.(5) Provide recommendations on options for preventing errors and fraud for both the state and county levels, and recommendations for early detection strategies to combat fraud in the program.(Added by Stats. 2009, 4th Ex. Sess., Ch. 4, Sec. 28. Effective July 28, 2009.)
CA Welf & Inst Code § 12306 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 3 - State Supplementary Program for Aged, Blind and Disabled|ARTICLE 7 - In-Home Supportive Services|Section 12306.

12306.  (a) When enacted, 1991 Realignment Legislation implemented changes to the state and county cost-sharing ratios for services provided under this article. These provisions established the counties’ share of costs for the nonfederal portion of these services at 35 percent, with the state responsible for the remaining 65 percent of these costs. This cost-sharing ratio was the basis for determining the counties’ and the state’s share of costs for these services in the 2017–18 fiscal year.(b) Beginning in the 2017–18 fiscal year and each fiscal year thereafter, the state and counties shall share the annual cost of providing services under this article as specified in this section.(c) The county share of cost of providing these services shall be the County IHSS Maintenance of Effort pursuant to Section 12306.16.(d) (1) Except as provided in paragraph (2), the state shall pay to each county, from the General Fund and any federal funds received under Title XX of the federal Social Security Act available for that purpose, the difference between the actual total cost of providing services under this article that exceeds the county share as specified in subdivision (c).(2) For services eligible for federal funding pursuant to Title XIX of the federal Social Security Act under the Medi-Cal program, the state shall pay to each county, from the General Fund and any funds available for that purpose the difference between the actual nonfederal cost of providing services under this article that exceeds the county share as specified in subdivision (c).(Repealed and added by Stats. 2017, Ch. 25, Sec. 21. (SB 90) Effective June 27, 2017.)
CA Welf & Inst Code § 12306.17 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 3 - State Supplementary Program for Aged, Blind and Disabled|ARTICLE 7 - In-Home Supportive Services|Section 12306.17.

12306.17.  (a) A portion of IHSS costs that are the counties’ responsibility shall be offset using a combination of General Fund moneys appropriated in the annual Budget Act and redirected 1991 Realignment Vehicle License Fee growth revenues pursuant to subdivision (c) of Section 17606.20, as follows:(1) (A) There is hereby appropriated three hundred sixty-three million nine hundred ninety-eight thousand dollars ($363,998,000) from the General Fund for the 2017–18 fiscal year to offset a portion of IHSS costs incurred by counties. This amount reflects the difference between the combined estimated amounts of 2016–17 and 2017–18 Vehicle License Fee growth revenues that would have been deposited into the Family Support Subaccount of the Vehicle License Fee Account of the Local Revenue Fund pursuant to Section 17600.50 and four hundred million dollars ($400,000,000).(B) The amount of General Fund moneys appropriated in the 2017–18 fiscal year pursuant to subparagraph (A) shall be increased or decreased by the Department of Finance based on revised 2016–17 and 2017–18 Vehicle License Fee growth revenue estimates included in the 2018–19 Governor’s Budget and subsequent May Revision, such that the total offset equals four hundred million dollars ($400,000,000).(C) The amount of General Fund moneys appropriated in the 2017–18 fiscal year for the In-Home Supportive Services program pursuant to subparagraphs (A) and (B) shall be available for encumbrance or expenditure until June 30, 2018.(2) For the 2018–19 fiscal year, the amount of the General Fund offset provided shall be the difference between the amount of 2018–19 Vehicle License Fee growth revenues that would have been deposited into the Family Support Subaccount of the Vehicle License Fee Account of the Local Revenue Fund pursuant to Section 17600.50 and three hundred thirty million dollars ($330,000,000).(b) The Department of Finance shall consult with the California State Association of Counties to determine the distribution of General Fund moneys available for offset of each county’s IHSS costs in each fiscal year as specified in subdivision (a).(Amended by Stats. 2019, Ch. 27, Sec. 80. (SB 80) Effective June 27, 2019.)
CA Welf & Inst Code § 12306.18 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 3 - State Supplementary Program for Aged, Blind and Disabled|ARTICLE 7 - In-Home Supportive Services|Section 12306.18.

12306.18.  (a) Notwithstanding any other law, the Director of Finance may authorize a loan from the General Fund to any county in an amount not to exceed the net cost to the county resulting from the County’s IHSS MOE pursuant to Sections 12306.16, 12306.17, and 17606.20.(b) To be considered for a loan, the county shall submit a request, after approval by the county board of supervisors, to the Director of Finance that includes all of the following:(1) Information that demonstrates that the county is experiencing significant financial hardship.(2) The amount of funding requested.(3) The duration of the loan, not to exceed three years.(c) The Director of Finance shall respond to a request in writing within 45 days. If approved, the written notice shall include the repayment schedule as determined by the Director of Finance, in consultation with the county, and the interest rate, which shall not exceed the rate earned by the Pooled Money Investment Account at the time of the loan. The Director of Finance may waive interest charges at any time.(d) The Director of Finance, in consultation with the county, shall provide a schedule to the Controller for the disbursement of the loan amount for each county that receives a loan under this section. The Controller shall pay the county per the schedule within 14 days of receipt.(e) Loans shall be available in the 2017–18, 2018–19, and 2019–20 fiscal years. The sum of all loans approved during any fiscal year pursuant to this section shall not exceed twenty-five million dollars ($25,000,000).(f) The county shall submit loan installment payments to the Controller as specified in subdivision (c) and notify the Director of Finance when each payment is made.(Added by Stats. 2017, Ch. 25, Sec. 28. (SB 90) Effective June 27, 2017.)
CA Welf & Inst Code § 12306.2 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 3 - State Supplementary Program for Aged, Blind and Disabled|ARTICLE 7 - In-Home Supportive Services|Section 12306.2.

12306.2.  (a) Notwithstanding any other provision of law, for the 2000–01 fiscal year, the state shall pay 65 percent and each county shall pay 35 percent of the nonfederal share of any increase to individual provider wages a county chooses to grant, up to 3 percent above the statewide minimum wage.(b) This section shall not apply to providers who are employees of a public authority or nonprofit consortium pursuant to Section 12301.6.(c) This section shall be operative on January 1, 2001.(Added by Stats. 2000, Ch. 108, Sec. 44.8. Effective July 10, 2000. Section operative January 1, 2001, by its own provisions.)
CA Welf & Inst Code § 12306.21 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 3 - State Supplementary Program for Aged, Blind and Disabled|ARTICLE 7 - In-Home Supportive Services|Section 12306.21.

12306.21.  (a) Notwithstanding any other provision of law, for the 2001–02 fiscal year, the state shall pay 65 percent and each county shall pay 35 percent of the nonfederal share of any increase to individual provider wages a county chooses to grant, up to 5.31 percent above the statewide minimum wage.(b) This section shall not apply to providers who are employees of a public authority or nonprofit consortium pursuant to Section 12301.6.(c) This section shall become operative on July 1, 2001.(Added by Stats. 2001, Ch. 111, Sec. 37. Effective July 30, 2001. Applicable from July 1, 2001, by its own provisions.)
CA Welf & Inst Code § 12306.3 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 3 - State Supplementary Program for Aged, Blind and Disabled|ARTICLE 7 - In-Home Supportive Services|Section 12306.3.

12306.3.  In consultation with stakeholder organizations, including, but not limited to, the California State Association of Counties and employee organizations representing in-home supportive service workers, the department shall develop and evaluate various options for providing health care benefits for uninsured individual in-home supportive services providers who are not employees of a public authority or nonprofit consortium under Section 12301.6. The department shall report its findings and recommendations to the Legislature by January 15, 2001.(Added by Stats. 2000, Ch. 108, Sec. 45. Effective July 10, 2000.)
CA Welf & Inst Code § 12306.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 3 - State Supplementary Program for Aged, Blind and Disabled|ARTICLE 7 - In-Home Supportive Services|Section 12306.5.

12306.5.  (a) Any public or private agency, including a contractor under Section 12302.1, who maintains a list or registry of prospective in-home supportive services providers shall require proof of identification from a prospective provider. This identification shall be provided prior to placing the prospective provider on a list or registry or supplying a name from the list or registry to an applicant for, or recipient of, in-home supportive services.(b) For purposes of this section, proof of identification includes, but is not limited to, a positive photograph identification from a government source.(Added by Stats. 1986, Ch. 795, Sec. 1.)
CA Welf & Inst Code § 12307 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 3 - State Supplementary Program for Aged, Blind and Disabled|ARTICLE 7 - In-Home Supportive Services|Section 12307.

12307.  The amendments to Sections 12302, 12303 and 12304 of, and the addition of Sections 12303.5 and 12304.5 to, the Welfare and Institutions Code made by Chapter 75 of the Statutes of 1974 do not constitute a change in, but are declaratory of, the preexisting law.(Added by Stats. 1976, Ch. 504.)
CA Welf & Inst Code § 12308 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 3 - State Supplementary Program for Aged, Blind and Disabled|ARTICLE 7 - In-Home Supportive Services|Section 12308.

12308.  Funding of this article is subject to the provisions of Part 1.5 (commencing with Section 10100) of this division.(Added by Stats. 1978, Ch. 1235. Note: Repeal conditions in Sec. 14 of Ch. 1235 failed.)