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]

For counties that have a Public Authority (PA) or Non-Profit Consortium (NPC), the State participation went up $1, effective July 1, 2007. No increase will be effective until the state approves it, a process that is running about 60 days. Counties shall determine, pursuant to the collective bargaining process, what portion of the $12.10 per hour shall be used to fund wage increases, individual health benefits and/or the combination of both. Counties can pay higher, through a separate billing process. [Download]

Although IHSS providers have been paying for the PFL program since January 2004, the state is just now explaining the program to counties. The PFL program is an enhancement to the State Disability Insurance (SDI) program, providing partial wage replacement for up to six weeks in a 12-month period when the provider takes time off work to care for parents, children, spouses, and registered domestic partners or to bond with a new minor child. This program provides protection against wage loss only, it does not protect the individual’s job. EDD administers the PFL program. Per the ACIN, EDD must answer all questions and provide claim forms. Although counties can provide EDD-supplied posters, pamphlets, and other materials to educate providers the PFL, if an IHSS provider asks the county for a claim form, the county is to tell them to contact EDD. [Download]

If you felt attached to Attachment B to ACL 06-34…. get over it! This Errata provides the correct Attachment, which pertains to Annotated Assessment Criteria.  The goal was to improve clarity, consistency and correct the listing of specific tasks which require determination of functional ranking. [Download]