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1/20/18 1 2018 Understanding and Advocating for IN HOME SUPPORTIVE SERVICES (IHSS) 2018 JAMES HUYCK PUBLIC BENEFITS CONSULTANT/ADVOCATE 916.529.5300 [email protected] ---------------------------------------------------------------- Terry M. Magady, Esq. The Elder Law Center [email protected] (Office) ((310) 478-6543 (Cell) (310) 490-9136 2018 In Home Supportive Services (IHSS) Extremely important benefit to persons with disabilities Primary statewide program designed to provide nonmedical personal care and other in-home services in order to allow persons with disabilities to remain in own home The person with a disability must be unable to perform the services for himself or herself, and be unable to remain safely in the home unless the services are provided IHSS is a Medi-Cal funded program

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Page 1: IHSS Program - milehigh420festival.com · IHSS Process •Contact IHSS to apply •Health Care Certification form •IHSS Assessment •Time for task •County Guidelines •Notice

1/20/18

1

2018

Understanding and Advocating for

IN HOME SUPPORTIVE SERVICES(IHSS)

2018

JAMES HUYCKPUBLIC BENEFITS CONSULTANT/ADVOCATE

[email protected]

----------------------------------------------------------------Terry M. Magady, Esq.The Elder Law Center

[email protected](Office) ((310) 478-6543 (Cell) (310) 490-9136

2018

In Home Supportive Services (IHSS)

• Extremely important benefit to persons with disabilities • Primary statewide program designed to

provide nonmedical personal care and other in-home services in order to allow persons with disabilities to remain in own home• The person with a disability must be unable

to perform the services for himself or herself, and be unable to remain safely in the home unless the services are provided• IHSS is a Medi-Cal funded program

Page 2: IHSS Program - milehigh420festival.com · IHSS Process •Contact IHSS to apply •Health Care Certification form •IHSS Assessment •Time for task •County Guidelines •Notice

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IHSS Process

• Contact IHSS to apply• Health Care Certification form• IHSS Assessment• Time for task• County Guidelines

• Notice of Action• Appeal (if necessary)

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Application• Phone call to local IHSS agency

• Question regarding Age• No age requirement

• Application over the phone• Health Care Certification form will be sent out

• must be returned within 45 days

2018

Page 3: IHSS Program - milehigh420festival.com · IHSS Process •Contact IHSS to apply •Health Care Certification form •IHSS Assessment •Time for task •County Guidelines •Notice

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IHSS Assessment

•Assessment Scheduled once Health Care Certification form is returned•Assessment held in home with an IHSS

Social Worker•Have heard stories of very short

assessment• Should take at least 1 to 2 hours•Most items – time for task

Page 4: IHSS Program - milehigh420festival.com · IHSS Process •Contact IHSS to apply •Health Care Certification form •IHSS Assessment •Time for task •County Guidelines •Notice

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County Guidelines

• There are time guidelines for some service categories • Apply if there is no reason for an exception based on

the guidelines. • Guidelines can only be applied based on the recipient’s

individual level of need and to the extent necessary to ensure his/her health and safety. • When a recipient’s need requires an exception for more

or less time than the time guideline, the need for more or less time must be documented in the case record.

2018

IHSS SERVICES

• Domestic services, such as:• sweeping • vacuuming • taking out the garbage • wheelchair cleaning and battery recharging • changing bed linens

• Related services, such as:• meal preparation • cleanup • laundry• shopping

2018

IHSS Services• Personal care services, such as:

• feeding, bathing• grooming,• dressing • bowel and bladder care• help with medications

• Transportation to medical appointments or alternative sources of services like day programs

Page 5: IHSS Program - milehigh420festival.com · IHSS Process •Contact IHSS to apply •Health Care Certification form •IHSS Assessment •Time for task •County Guidelines •Notice

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Paramedical Services

• injections • breathing treatments, nebulizer • catheter changes• skin and wound care if there is a decubitus ulcer • suctioning through a tracheotomy or through the nose and

mouth • including tracheal suctioning• bowel program • insertion of suppositories or administration of an enema

2018

Protective SupervisionService 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.

2018

Protective SupervisionIndividuals eligible for Protective Supervision must have:

A “mental impairment” or “mental illness” that causes functional limitations in:• Memory (e.g. forgetting things, people, places, to start or finish a task,

etc.)

• Orientation (e.g. inability to recognize and adapt to time, people, places, environment, surroundings etc., needed to live and complete tasks

• Judgment (e.g. making decisions which put the individuals health and/or safety at risk)

Page 6: IHSS Program - milehigh420festival.com · IHSS Process •Contact IHSS to apply •Health Care Certification form •IHSS Assessment •Time for task •County Guidelines •Notice

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Page 7: IHSS Program - milehigh420festival.com · IHSS Process •Contact IHSS to apply •Health Care Certification form •IHSS Assessment •Time for task •County Guidelines •Notice

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WORKSHEET – PREPARE IN ADVANCE

California’s protection & advocacy system916-504-5800 in Northern CA or 213-213-8000 in Southern CA. TTY 800-719-5798.

2018

Page 8: IHSS Program - milehigh420festival.com · IHSS Process •Contact IHSS to apply •Health Care Certification form •IHSS Assessment •Time for task •County Guidelines •Notice

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Page 9: IHSS Program - milehigh420festival.com · IHSS Process •Contact IHSS to apply •Health Care Certification form •IHSS Assessment •Time for task •County Guidelines •Notice

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When to Appeal • If you are challenging a reduction in hours or a

termination of services, you must request a fair hearing within the 10 days, before the notice of action is effective, in order to continue receiving all your hours until the hearing is over.

• A request for hearing MUST be filed within 90 calendar days after the date of the county action or inaction. However, if the request is filed after the 10-day period mentioned above, the benefits will NOT continue pending the hearing. If you win at hearing, the judge may order back payment.

2018

How to Request an Appeal• Fill out the back of the Notice of Action form and send to the address indicated,

or

• Send a letter to:

IHSS Fair Hearing State Hearings Division Department of Social Services

744 P Street, Mail Stop 9-17-37 Sacramento, CA 95814

• It is best to file a written request.

• You can fax the letter (in addition to mailing it) to 916-651-5210 or 916-651-2789.

or

• Call the toll free number at 800-743-8525 to request a fair hearing.

Page 10: IHSS Program - milehigh420festival.com · IHSS Process •Contact IHSS to apply •Health Care Certification form •IHSS Assessment •Time for task •County Guidelines •Notice

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2018

Regarding Appeals• County Representative will make contact prior to the

hearing• Attempt to settle

• May call about "conditional withdrawal" so that a new assessment can be done. • If you agree to a conditional withdrawal of your appeal,

you have a right to have the hearing rescheduled if you disagree with the new assessment or a decision not to authorize retroactive benefits.

2018

Appeal Hearing

• County Representative will sometimes meet just prior to going into the hearing

• Have had cases resolved in the “hallway”

• Bring applicant to the hearing if useful to make the case

2018

Questions?