Does the state have an obligation to pay for in-home services under section 12302.2 of the California Health and Social Services Act?
California, United States of America
The following excerpt is from In-Home Supportive Services v. Workers' Comp. Appeals Bd., 152 Cal.App.3d 720, 199 Cal.Rptr. 697 (Cal. App. 1984):
8 This conclusion is premised upon the sui generis relationship of the county and the state in the regulation and control of state-mandated welfare benefits and upon the fiscal realties of the IHSS program. With limited exceptions, after the 1981-1982 fiscal year the state must bear all costs of IHSS services. ( 12306; Stats.1981, ch. 102, urgency, eff. June 17, 1981.) Such "services" include the "direct costs" of the in-home services program (County of Sacramento v. State of California, supra, 134 Cal.App.3d at p. 431, 184 Cal.Rptr. 648), including, necessarily, the costs of worker's compensation coverage not specifically provided for under section 12302.2. Accordingly, the IHSS funding requirements correspond with the obligation of the state as an employer.
9 Current regulations title the last delivery option, "Purchase of Service By a Recipient."
10 Current regulations do not require provider signature.
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