IHSS Consumer Rights
Under the individual provider mode, IHSS consumers retain the right to hire, train, supervise, and, if necessary, fire the provider of their choice. In addition, IHSS consumers retain the right to request a re-assessment from the Department of Public Social Services (DPSS) if they feel that they are not getting enough approved hours of service for the care that they need. More information on IHSS consumer rights can be obtained by attending a PASC IHSS Consumer Training. To find out when and where the next training will take place, please refer to our Calendar or call PASC at 877-565-4477.
Getting the Hours You Need
If you have recently been assessed by an IHSS social worker, and feel that the hours that were awarded to you are not enough, you have the right to challenge the county’s decision by requesting a fair hearing. Refer to the back of your Notice of Action for instructions on how to request a Fair Hearing. If you misplaced your notice of action, contact your Social Worker and ask him/her to provide you with a copy of the notice of action.
Enrolling Your IHSS Provider
Your provider must be enrolled with the county before he or she is eligible for payment through the IHSS Program. In order to enroll, your provider must:
- Complete a new Provider Enrollment Form (SOC 426) and submit it to the county in person
- Present, in person, an original government-issued photo ID (must be current) and Social Security card
- Attend a new provider orientation meeting
- Complete a new Provider Enrollment Agreement (SOC 846) stating that they understand and agree to the IHSS Program rules and requirements
- Submit to and clear a Criminal Background Investigation (CBI) as administered by the State Department of Justice at their own expense
For more information on enrolling your IHSS provider, click here.
Helpful Documents
The following documents are samples that IHSS consumers may use to assist them in hiring a provider, supervising a provider and maintaining a good employment relationship with their provider. The documents listed below are not official documents and consumers may hire a provider any way they choose. More information on these documents can be obtained by attending a PASC IHSS Consumer Training.
Personal Assistant Application Sample
Personal Assistant Application Sample – Spanish
Sample Task Schedule and Sample Job Description
Sample Task Schedule and Sample Job Description – Spanish
Consumer As Employer – Spanish
Communication Handout – Spanish
IHSS Program Overview – Spanish
Understanding Share of Cost
Some consumers have income that is too high to qualify for IHSS or Medi-Cal. If they meet other eligibility requirements, they may still be eligible for both programs if they agree to a monthly Medi-Cal share of cost (SOC). The SOC is the amount that the individual will have to pay for services out of their own pocket, similar to a monthly deductible. This money can be paid to the IHSS provider, the consumer’s doctor, at the pharmacy, or can be applied to payments for any other Medi-Cal approved expenses.
For more information on SOC, click here.
Understanding IHSS Provider Benefits
As an employer, it is important for IHSS consumers to understand the benefits available to their providers. In addition to the PASC-SEIU HomeCare Workers Health Plan, IHSS providers receive many state benefits such as Social Security, State Disability Insurance, Unemployment Insurance, Workers Compensation, and Earned Income Credit.