California Code of Regulations
Title 2 - Administration
Division 9 - Joint Regulations for Pupils with Disabilities
Chapter 1 - Interagency Responsibilities for Providing Services to Pupils with Disabilities
Article 6 - Home Health Aide
Section 60400 - Specialized Home Health Aide

Universal Citation: 2 CA Code of Regs 60400

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The Department of Health Care Services shall be responsible for providing the services of a home health aide when the local education agency (LEA) considers a less restrictive placement from home to school for a pupil for whom both of the following conditions exist:

(1) The California Medical Assistance Program (Medi-Cal) provides life-supporting medical services via a home health agency during the time the pupil would be in school or traveling between school and home.

(2) The medical services provided require that the pupil receive the personal assistance or attention of a nurse, home health aide, parent or guardian, or some other specially trained adult in order to be effectively delivered.

(b) For purposes of this section, "life supporting medical services" means services to a pupil with a disability that is dependent on a medical technology or device that compensates for loss of the normal use of vital bodily function and who requires daily skilled nursing care to divert further disability or death.

(c) The department shall determine the appropriate level of care-giver, based on medical necessity, to provide the services.

1. New section refiled 5-1-87 as an emergency; designated effective 5-1-87 (Register 87, No. 30). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-31-87.
2. Division 9 (Chapter 1, Articles 1-9, Sections 60000-60610, not consecutive) shall not be subject to automatic repeal until the final regulations take effect on or before June 30, 1988 pursuant to Item 4440-131-001(b)(2), Chapter 135, Statutes of 1987 (Register 87, No. 46).
3. Division 9 (Chapter 1, Articles 1-9, Sections 60000-60610, not consecutive) shall not be subject to automatic repeal until the final regulations take effect on or before June 30, 1997, pursuant to Government Code section 7587, as amended by Stats. 1996, c. 654 (A.B. 2726, § 4.) (Register 98, No. 26).
4. Division 9 (Chapter 1, Articles 1-9, Sections 60000-60610, not consecutive) repealed June 30, 1997, by operation of Government Code section 7587, as amended by Stats. 1996, c. 654 (A.B. 2726, § 4.) (Register 98, No. 26).
5. New article 6 (section 60400) and section filed 6-26-98 as an emergency; operative 7-1-98 (Register 98, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-98 or emergency language will be repealed by operation of law on the following day.
6. Editorial correction restoring prior HISTORIES 1-2, adding new HISTORIES 3-4, and renumbering and amending existing HISTORY 1 to new HISTORY 5 (Register 98, No. 44).
7. New article 6 (section 60400) and section refiled 10-26-98 as an emergency; operative 10-29-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-99 or emergency language will be repealed by operation of law on the following day.
8. New article 6 (section 60400) and section refiled 2-25-99 as an emergency; operative 2-26-99 (Register 99, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-28-99 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 2-25-99 order transmitted to OAL 6-25-99 and filed 8-9-99 (Register 99, No. 33).
10. Change without regulatory effect amending subsection (a) and NOTE filed 8-30-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 35).

Note: Authority cited: Section 7587, Government Code; and Section 20, Health and Safety Code. Reference: Section 7575(e), Government Code; and Section 51337 of Title 22, California Code of Regulations.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.