§ 12305.5. — 12305.5. (Amended by Stats. 1978, Ch. 1362.)

(a)
Notwithstanding any other provision of this chapter, any person who:
(1)
Was once determined to be disabled in accordance with Section 1614 of Part A of Title XVI of the Social Security Act (Section 1382c, Title 42, United States Code), and
(2)
Became ineligible for benefits under this chapter because the person engaged in substantial gainful activity, and
(3)
Continues to suffer from the physical or mental impairments which were the basis of the disability
determination required under paragraph (1), and
(4)
Requires in-home supportive care to carry out any or all of the following:
(A)
Routine bodily functions, such as bowel or bladder care.
(B)
Dressing.
(C)
Preparation and consumption of food.
(D)
Moving into and out of bed.
(E)
Routine bed bath.
(F)
Ambulation.
(G)
Any other function of daily living as determined by the director;
shall be considered to be disabled, for the purposes of this article only, even though such person is engaged in
substantial gainful activity. Regardless of whether such person has excess income, such person shall be eligible to receive payment under this article to purchase in-home supportive services if his income is insufficient to provide for the cost of such care, and he is otherwise qualified under this article.
(b)
For purposes of this section, “substantial gainful activity” means work activity considered to be substantial gainful activity under applicable federal regulations adopted pursuant to Section 1614 of Part A of Title XVI of the Social Security Act.
(c)
The determination of continued impairments and the need for in-home supportive care shall be supported by medical reports when requested. Such reports shall be provided at the expense of the department.
(d)
This section shall not be construed as creating any
entitlement to state supplementation pursuant to Section 12150.

Legislative History

Amended by Stats. 1978, Ch. 1362.