Settlement Reached to Eliminate the Proration of In-Home Supportive Services (IHSS) Protective Supervision


On April 21, 2021, Disability Rights California (DRC) reached a settlement agreement with the California Department of Health Care Services (DHCS) and Department of Social Services (CDSS) to eliminate the proration of In-Home Supportive Services (IHSS) protective supervision of multiple recipients living in the same home.

The settlement includes full restoration of protective supervision services for the 17 individuals represented by DRC. In addition, the settlement also provides around $36,000,000 in additional IHSS services that will impact over 5000 children and adults across California.

Protective supervision is an IHSS service for people who, due to a mental impairment or mental illness, need to be observed and monitored for 24 hours to protect them from injury, hazard, or accidents. It is only available for recipients who require this service 24 hours per day to remain living safely at home.

Before this agreement, when two or more protective supervision recipients lived in the same home, the need for protective supervision was considered to be met in common and the hours were automatically prorated. Because of this process, multiple children and adults living in the same household who needed protective supervision were placed at risk of unnecessary institutionalization.

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