Instructions for determining if non-citizens who are not eligible for the Personal Care Services Program (PCSP) or the In-Home Supportive Services Plus Waiver (IPW) program due to their immigration status, meet the immigration status requirements for the In-Home Supportive Services-Residual (IHSS-R) program. To be eligible for PCSP or IPW, an individual must be eligible for full scope FFP Medi-Cal, as determined by the California Department of Health Care Services.
Welfare and Institutions Code Section 12305.6 states that non-citizens who would be eligible for SSI/SSP, but for the provisions of welfare reform, continue to be eligible for IHSS-R. This means that any non-citizen who was lawfully admitted for permanent residence (LAPR) or considered to be Permanently Residing Under Color of Law (PRUCOL) meets the immigration status criteria for SSI/SSP eligibility, and is potentially eligible for IHSS-R. The PRUCOL categories and verification requirements can be found in 20 CFR 416.1618 (see Attachment B). This is regardless of entry date or length of U.S. residence. This includes Conditional entrants, people with withholding of deportation, Refugees, Asylees. In addition, Senate Bill 1569 (Chapter 672, Statutes of 2006) made certain victims of human trafficking, domestic violence and other serious crimes potentially eligible for IHSS-R. Refer to All-County Letter (ACL) 06-60 for detailed instructions on this non-citizen category.
“It should be noted that PRUCOL is no longer recognized by the U.S. Citizenship and Immigration Service (CIS), formerly the Immigration and Naturalization Service (INS), so SSI/SSP PRUCOL category found at 20 CFR 416.1618 (b)(17) can rarely be used because CIS will no longer verify the defined situation.” [Download]