ihss website In-Home Supportive Services (IHSS) Program

ihss website In-Home Supportive Services (IHSS) Program

IHSS  In Home Supportive Services 
CDSS.Gov  Website 

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What are HCBS Home and Community-Based Services?

Medicaid- Medi Cal covered HCBS are services that support older adults and people with disabilities with activities of daily living in settings of their choice, including their homes, assisted living facilities, and adult day health centers. Supports include, for example, personal care assistance, care coordination, medically-tailored nutrition, transportation, medication management, home modifications, and, for individuals with high care needs, 24-hour nursing and supervision. California’s HCBS programs include:

Can Medi Cal Recover for IHSS?

 

Yes, Medi-Cal can seek recovery from a deceased person’s estate for In-Home Supportive Services (IHSS) and other long-term care costs if they received those benefits after age 55, though there are specific exemptions for surviving family members and certain services, so it’s crucial to check specific case details and consult an estate planning attorney. While some sources mention IHSS payments are exempt, newer guidance and practice confirm they are generally subject to recovery unless specific exemptions apply, like care for a surviving spouse or minor/disabled child. [1, 2, 3, 4, 5, 6]

 

When Medi-Cal Can Recover (Estate Recovery Program):
  • Age 55+: For individuals who received long-term care services, including IHSS, after age 55.
  • Institutionalization: For anyone, regardless of age, who was permanently institutionalized.
  • Services Covered: Nursing facility care, home and community-based services (like IHSS), and related hospital/prescription drug costs. [2, 5, 6, 7]
  • Post-2017 Changes: For deaths on or after January 1, 2017, recovery is limited to nursing facility services and HCBS, including IHSS, but only for payments made for those specific services.  dhcs.gov * dhcs.gov pdgCANHR.org FAQ’s *
When Recovery is Exempt (No Recovery):
  • Surviving Spouse/Minor/Disabled Child: If a surviving spouse, minor child, or disabled dependent lives in the home.
  • No Probate Assets: If the estate has no assets subject to probate (e.g., held in a properly structured trust).
  • Specific Service Exclusions: Costs for Medicare premiums/co-pays for certain low-income beneficiaries are exempt, and some Personal Care Services (PCS) under specific waivers might also be excluded. [1, 2, 4, 8]
Key Considerations:
  • Estate Planning: Tools like irrevocable trusts can help protect assets from recovery claims.
  • Notification: The state sends a notice (itemized bill) to heirs after the recipient dies.
  • Professional Advice: Because rules are complex, consulting a California estate planning attorney experienced with Medi-Cal is highly recommended. [2, 7, 8, 9, 10]
In Summary: Don’t assume IHSS payments are automatically exempt; they are generally recoverable from the estate unless specific exemptions for family or asset structure apply. [1, 2, 3, 5, 11]

AI responses may include mistakes.

FAQ’s

Can IHSS Providers – Care Workers – Get Medi Cal regardless of their income?

Here’s what the PASC-SEIU Homecare Workers  website says –

As long as you are authorized  work 74 hours or more per month for two consecutive months.  You will continue to be eligible as long as you continue to be authorized to work at least 74 hours per month. View actual wording

On the other hand:

IHSS workers would be presumptively eligible, for 6 months  – you can get temporary coverage until official eligibility is determined Law Insider *  for full [Medi Cal] benefits and there would be no means test – they won’t look at your income, resources – assets or your ability to pay for health insurance. Sooner or later though, A Medi Cal application would eventually have to be completed.    Investopedia Dhcs Report to CA Health Care Foundation by USC  June 2000    

On the other hand:

Here’s an optometrist making $200k that was the IHSS caretaker for his mother.  He states:

i was never asked about income if i remember correctly email dated 5.9.2022

On the other hand:

I don’t do phone calls – especially when I don’t get compensated to help people with IHSS – here’s a number to call

Providers who are eligible for the plan will automatically be sent an enrollment packet that describes what the PASC- SEIU Homecare Workers Health Care Plan provides. If you are eligible for the health plan, you may contact the PASC Health Plan Call Center at 1-855-PASC-PLN, (1-855-727-2756), to request an enrollment form.

If you are already enrolled in L.A. Care plan and have additional questions about specific benefits provided by the Plan, please call L.A. Care at 1-844-854-7272, or go to their website at www.lacare.org/members/ihss.

 

 

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