California Department of Social Services - State Hearings
Division
Notes from the Training Bureau - December 7, 2006
| Item 06-12-01A Paraphrased Regulations |
This version of the paraphrased regulations provides 31 additions and 23 revisions to paraphrased regulations. There are also three deleted paraphrased regulations.
The major areas of changes are in the in-home service area. There is a new issue code 568-QA Needs Assessments for the new hourly task guidelines that become effective for all needs assessments made on or after September 1, 2006. There are 20 new paraphrased regulations added to this new issue code.
Note that MPP §30-758 for time per task guidelines has been repealed and many of the regulations in 30-758 have been moved to various subsections in §30-757. There are also new regulations addressing the IHSS Plus Waiver program found at MPP §30-700.3 and .4 (paraphrased regulation 567-3B) and in §30-785 (in several paraphrased regulations in the 567 area).
There are also changes to protective supervision regulations in the form of emergency regulations. New paraphrased regulation sections 626-1A through 626-1C add these protective supervision provisions. Proposed changes to these emergency protective supervision regulations have been submitted to the Office of Administrative Law and those changes should be completed by the end of December. Those proposed changes are not part of this paraphrased regulation package. A separate package will be issued in January that will include any changes made to the protective supervision regulations (§30-757.17)
There are also revised regulations in the Medi-Cal Special Programs Sections
(paraphrased regulation 431 and 439) to update annual changes such as increase
in the CSRA and MMMNA, in section 447 dealing with Pickle and in the CAPI sections
(825 and 826) citing annual increases in CAPI limits.
Issue Codes
568 QA Needs Assessments
Deleted
| S561-3 S561-4 S563-3A |
|
Revised
| 270-10B | Mandatory SUA effective October 2006, moved to November 1, 2006 (63-502.363(a)(1), I-69-06) |
| 270-10C | Households not eligible for SUA may be eligible for LUA (63-502.363(d), I-69-06) |
| 270-11 | Old Rule prior to October 2006 (moved to November 1, 2006):$20 telephone allowance when HH not entitled to SUA unless lowest available rate exceeds $20, (63-502.363(b), I-69-06) |
| 270-11A | New Rule effective October 2006, moved to November 1, 2006: Households not eligible for SUA or LUA may be eligible for TUA if telephone costs only (63-502.363(e), I-69-06) |
| 431-3 | Transfers, CSRA (42 USC 1396r-5(f); ACWDL 05-40, 06-30) |
| 431-4 | MMMNA, basic plus adjustments for indexing, at state hearing (42 USC 1396r-5(d), (e), (g); ACWDL 05-40, 06-30) |
| 431-8A | Family member maximum base allocation for current and prior year (ACWDL 05-20, 06-13) |
| 439-1 | CSRA amount past two years and current (ACWDL 04-36, 05-40, 06-30) |
| 439-1A |
MMMNA amount past two years and current (ACWDL 04-36, 05-40, 06-30) |
| 439-1C | Family member base allocation amount last two years and current (ACWDL 04-22, 05-20, 06-13) |
| 439-2 | Allocations in the QMB, SLMB, QI, and 250% working disabled programs in last two years and current (ACWDL 04-39, 05-38, 06-35) |
| 439-4 | Current and prior two years Medicare Part B premiums (ACWDL 04-39, 05-38, 06-35) |
| 447-10 | How to determine ISM from VTR or PMV (Pickle Handbook, 14, ACWDL 04-37, 05-35, 06-29) |
| 620-5 | 6-hour standard for domestic services (30-758.11 renumbered to 30-757.11(k)(1)) |
| 620-7 | Time standard; general (30-758.2; former W&IC 12301.2 repealed) |
| 620-8 | Time standard; laundry (30-758.12 repealed, 30-757.135 renumbered to 30-757.134(c) and (d)) |
| 620-9 | Time standard, food shopping (30-757.136 renumbered to 30-757.135 and .135(b)(1), 30-758.13 repealed) |
| 620-10 | Time standard; other shopping (30-758.14 repealed and renumbered to 30-757.135(c)(1)) |
| 620-11 | Exception to time standards if threat to health or safety (30-758.4 repealed and renumbered in 30-757) |
| 825-4C | CAPI payment standards for people living independently (ACIN I-77-05, I-85-06) |
| 825-8G | PMV of ISM (ACIN I-77-05, I-85-06) |
| 825-8H | Sponsor's allocation in alien deeming situations; allowance for ineligible children in deeming situations (ACIN I-77-05, I-85-06) |
| 826-1D | CAPI parent to child deeming (ACIN I-68-05, I-77-05; ACWDL 05-35, I-85-06) |
Added
| 448-5C |
SB 87 process applies to discontinuances of federal BCCTP (ACWDL 06-25) |
| 567-3B | IHSS Plus Waiver program services to eligible Medi-Cal beneficiaries (30-700.3 and .4) |
| 567-3C | Eligibility requirements for IHSS Plus Waiver program (30-785(a) and (b)) |
| 567-7A | In IHSS Plus Waiver, presumptive disability determined under Medi-Cal regulations; Medi-Cal eligibility must be established before IHSS Plus Waiver eligibility is established (30-785(g)(2) and (3)) |
| 567-8A | Applicable share of cost in IHSS Plus Waiver cases (30-785(b)(5)) |
| 567-8B | Supplemental payment program permitting share of cost comparison (WIC 12305.1(a) and (b)) |
| 567-14 | IHSS Plus Waiver overpayments determined under Medi-Cal regulations (30-785(o)) |
| 568-1 | Assessing needs under hourly task guidelines based on individual need (30-757.1(a)) |
| 568-1A | Hourly task guidelines and exceptions to those guidelines (30-757.1(a)) |
| 568-2 | Hourly task guidelines for meal preparation (30-757.131, ACL 06-34 errata, attachment C) |
| 568-3 | Hourly task guidelines for meal cleanup (30-757.132, ACL 06-34 errata, attachment C) |
| 568-4 | Hourly task guidelines for bowel and bladder care (30-757.14(a), ACL 06-34 errata, attachment C) |
| 568-5 | Hourly task guidelines for feeding (30-757.14(c), ACL 06-34 errata, attachment C) |
| 568-6 | Hourly task guidelines for routine bed baths (30-757.14(d), ACL 06-34 errata, attachment C) |
| 568-7 | Hourly task guidelines for dressing (30-757.14(f), ACL 06-34 errata, attachment C) |
| 568-8 | Hourly task guidelines for menstrual care (30-757.14(j), ACL 06-34 errata, attachment C) |
| 568-9 | Hourly task guidelines for ambulation (30-757.14(k), ACL 06-34 errata, attachment C) |
| 568-10 | Hourly task guidelines for transfers (30-757.14(h), ACL 06-34 errata, attachment C) |
| 568-11 |
Hourly task guidelines for bathing, oral hygiene and grooming (30-757.14(e), ACL 06-34 errata, attachment C) |
| 568-12 | Hourly task guidelines for repositioning/rubbing skin (30-757.14(g), ACL 06-34 errata, attachment C) |
| 568-13 | Hourly task guidelines for care/assistance with prosthesis (30-757.14(i), ACL 06-34 errata, attachment C) |
| 568-14 |
6-hour standard for domestic services (30-758.11 renumbered to 30-757.11(k)(1)) |
| 568-14A |
Time standard; general (30-758.2; former W&IC 12301.2 repealed) |
| 568-14B | Time standard; laundry (30-758.12 repealed, 30-757.135 renumbered to 30-757.134(c) and (d)) |
| 568-14C | Time standard, food shopping (30-757.136 renumbered to 30-757.135 and .135(b)(1), 30-758.13 repealed) |
| 568-14D | Time standard; other shopping (30-758.14 repealed and renumbered to 30-757.135(c)(1)) |
| 568-14E | Exception to time standards if threat to health or safety (30-758.4 repealed and renumbered in 30-757) |
| 619-6 | IHSS Plus Waiver overpayments determined under Medi-Cal regulations (30-785(o)) |
| 626-1A | Availability of protective supervision; how protective supervision provided (30-757.17, .171) |
| 626-1B | When protective supervision is not authorized (30-757.172) |
| 626-1C | Twenty-four hour need required for protective supervision; use of SOC821 form (30-757.173) |