Carol A. Peters - Attorney at Law
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In-Home Supportive Services

I.H.S.S. is a statewide program to pay NON-MEDICAL service Providers in all 58 Counties in California.  Hourly pay is based on the number of hours/day needed by the Care Receiver for assistance with one or more of the 5 personal ADL’s/Activities of Daily Living [for eating, bathing, dressing, bladder care, and transfer (ex: bed to chair)].  I.H.S.S. services are NOT nursing care at home.

Paying hourly (and with standard payroll deductions) costs the state less than paying for monthly costs of Medical placement for nursing care at a SNF/Skilled Nursing Facility ( or ALF-Waiver facility).

If your hours have been cut,
contact BET TZEDEK
3250 Wilshire Blvd; 13th Floor
Los Angeles, CA 90010
First, call to schedule an appointment
323-939-0505 (M-F 9-5PM)

Also consider Disability Rights California
at http://www.disabilityrightsca.org/
which is California’s Protection & Advocacy program
at 1-800-776-5746

Three (3) participants have a role: an Employer, an Employee and a Payor:
The Employer is the Care Receiver aka “IHSS CONSUMER” whose ADL needs are provided at home;
The Employee is the Care Giver aka “IHSS PROVIDER” who receives an income-taxable minimum wage + Medi-Cal (and with payroll deductions);
The Payor is California (who saves money with fewer hours via IHSS than SNF payments).

WHO is eligible? The Care Receiver must meet the financial eligibility limits and is elderly or disabled or blind.  An S.S.I. recipient may qualify, but one need not receive S.S.I. to qualify for I.H.S.S. services with a Share Of Cost.

In LA County, PASCLA/Personal Assistance Council Los Angeles http://www.pascla.org/  has trainings, meetings and teleconferences on the website, and its own JOB BANK.  See http://www.pascla.org/pascla/
For elsewhere in California, see http://www.cdss.ca.gov/In-Home-Supportive-Services.

The County establishes the number of hours by interviewing the proposed CareReceiver/”Employer” about their personal needs. The County’s Eligibility Worker reviews relevant medical documentation, asks questions, and completes forms with checklists. Based on the responses provided by the proposed Care Receiver, the checklist documents the number of hours per week that services are needed.  Be prepared to be very specific about what tasks and how long and explain why.

The Care Receiver/Employer has the same mandatory Labor Law duties as any other Employer: the employment relationship is solely between the CareReceiver/”Employer” and their own chosen independent “Employee” who provides the daily services and is willing to accept the Minimum Wage employment and submit their payroll records timely.  While maintaining patient autonomy (and choice) for the Care Receiver, the Care Provider/Employee is assured of payroll deductions (for UIB and DIB benefits) and timely federal Social Security contributions.

The homebound CareReceiver/”Employer” must locate their own Employee.  PASCLA has a JOB BANK.  A County may provide a list of agencies without endorsement of any agency or staff.

A family member can be paid by I.H.S.S. for PERSONAL CARE services (such as bathing, bladder care, dressing, grooming and eating) ~ but not for family responsibilities such as grocery shopping, cooking, meal preparation, laundry, shopping, banking, or errands, as these are household obligations.  

EmployER should not ‘tip’ the IHSS EmployEE.  Doing so opens the door to elder abuse allegations and litigation.  If the Employee fails to return, then a theft occurred (by the failure to provide services) so a report must be made ~ so that the replacement CareGiver (obtained from the JOB BANK) can be paid.

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Carol A. Peters, Attorney at Law, is located in Pasadena, CA and serves clients in and around Altadena, Sierra Madre, South Pasadena, Alhambra, La Canada, Eagle Rock, Highland Park, Glendale, Echo Park, Silverlake, Arcadia, Monrovia, Duarte, San Gabriel, Temple City, Whittier, Los Angeles, Huntington Park, Norwalk, Santa Fe Springs, Pico Rivera and Los Angeles County.
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