California Welfare And Institutions Code Section 12301.05

Any aged, blind, or disabled individual who is eligible for services under this chapter who has had his or her services reduced under subdivision (a) of Section 12301.03 but who believes he or she is at serious risk of out-of-home placement unless all or part of the reduction is restored may apply for an IHSS care supplement. Where there is such an application within 10 days of receiving the reduction notice or prior to the implementation of the reduction, the IHSS shall continue until the county finds that the recipient does or does not require restoration of any hours through the IHSS care supplement. If the recipient disagrees with the county` s determination concerning the need for the IHSS care supplement, the recipient may request a hearing on that determination. However, there will be no aid paid pending in that case. (b) For purposes of subdivision (a), an individual is in serious risk of out-of-home placement only if (1) the individual meets the criteria for long-term care services as set forth in the Manual of Criteria for Medi-Cal Authorization published by the State Department of Health Services (January 1, 1982, last amended September, 1991), or (2) the individual cannot summon emergency assistance. (c) The county shall give a high priority to prompt screening of these persons to determine their need for IHSS Care Supplement.