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Section 1504.5 Of Article 1. General Provisions From California Health And Safety Code >> Division 2. >> Chapter 3. >> Article 1.
1504.5
. (a) (1) This chapter does not apply to any independent
living arrangement or supportive housing, described in paragraph (2)
of subdivision (c), for individuals with disabilities who are
receiving community living support services, as described in
paragraph (1) of subdivision (c).
(2) This section does not affect the provisions of Section 1503.5 or 1505.
(3) Community living support services described in paragraph (1) of subdivision (c) do not constitute care or supervision.
(b) (1) The Legislature finds and declares that there is an urgent need to increase the access to supportive housing, as described in paragraph (2) of subdivision (c), and to foster community living support services, as described in paragraph (1) of subdivision (c), as an effective and cost-efficient method of serving persons with disabilities who wish to live independently.
(2) It is the intent of the Legislature that persons with disabilities be permitted to do both of the following:
(A) Receive one or more community living support services in the least restrictive setting possible, such as in a person's private home or supportive housing residence.
(B) Voluntarily choose to receive support services in obtaining and maintaining supportive housing.
(3) It is the intent of the Legislature that community living support services, as described in paragraph (1) of subdivision (c), enable persons with disabilities to live more independently in the community for long periods of time.
(c) (1) "Community living support services," for purposes of this section, are voluntary and chosen by persons with disabilities in accordance with their preferences and goals for independent living. "Community living support services" may include, but are not limited to, any of the following:
(A) Supports that are designed to develop and improve independent living and problemsolving skills.
(B) Education and training in meal planning and shopping, budgeting and managing finances, medication self-management, transportation, vocational and educational development, and the appropriate use of community resources and leisure activities.
(C) Assistance with arrangements to meet the individual's basic needs such as financial benefits, food, clothing, household goods, and housing, and locating and scheduling for appropriate medical, dental, and vision benefits and care.
(2) "Supportive housing," for purposes of this section, is rental housing that has all of the following characteristics:
(A) It is affordable to people with disabilities.
(B) It is independent housing in which each tenant meets all of the following conditions:
(i) Holds a lease or rental agreement in his or her own name and is responsible for paying his or her own rent.
(ii) Has his or her own room or apartment and is individually responsible for arranging any shared tenancy.
(C) It is permanent, wherein each tenant may stay as long as he or she pays his or her share of rent and complies with the terms of his or her lease.
(D) It is tenancy housing under which supportive housing providers are required to comply with applicable state and federal laws governing the landlord-tenant relationship.
(E) Participation in services or any particular type of service is not required as a condition of tenancy.
(d) Counties may contract with agencies or individuals to assist persons with disabilities in securing their own homes and to provide persons with disabilities with the supports needed to live in their own homes, including supportive housing.
(e) For purposes of this section and notwithstanding any other provision of law, an individual with disabilities may contract for the provision of any of the community support services specified in paragraph (1) of subdivision (c) in the individual's own home including supportive housing, as part of that individual's service, care, or independent living plan, only through a government funded program or a private health or disability insurance plan.
(f) An individual's receipt of community living support services as defined in paragraph (1) of subdivision (c) shall not be construed to mean that the individual requires care or supervision or is receiving care or supervision.
(2) This section does not affect the provisions of Section 1503.5 or 1505.
(3) Community living support services described in paragraph (1) of subdivision (c) do not constitute care or supervision.
(b) (1) The Legislature finds and declares that there is an urgent need to increase the access to supportive housing, as described in paragraph (2) of subdivision (c), and to foster community living support services, as described in paragraph (1) of subdivision (c), as an effective and cost-efficient method of serving persons with disabilities who wish to live independently.
(2) It is the intent of the Legislature that persons with disabilities be permitted to do both of the following:
(A) Receive one or more community living support services in the least restrictive setting possible, such as in a person's private home or supportive housing residence.
(B) Voluntarily choose to receive support services in obtaining and maintaining supportive housing.
(3) It is the intent of the Legislature that community living support services, as described in paragraph (1) of subdivision (c), enable persons with disabilities to live more independently in the community for long periods of time.
(c) (1) "Community living support services," for purposes of this section, are voluntary and chosen by persons with disabilities in accordance with their preferences and goals for independent living. "Community living support services" may include, but are not limited to, any of the following:
(A) Supports that are designed to develop and improve independent living and problemsolving skills.
(B) Education and training in meal planning and shopping, budgeting and managing finances, medication self-management, transportation, vocational and educational development, and the appropriate use of community resources and leisure activities.
(C) Assistance with arrangements to meet the individual's basic needs such as financial benefits, food, clothing, household goods, and housing, and locating and scheduling for appropriate medical, dental, and vision benefits and care.
(2) "Supportive housing," for purposes of this section, is rental housing that has all of the following characteristics:
(A) It is affordable to people with disabilities.
(B) It is independent housing in which each tenant meets all of the following conditions:
(i) Holds a lease or rental agreement in his or her own name and is responsible for paying his or her own rent.
(ii) Has his or her own room or apartment and is individually responsible for arranging any shared tenancy.
(C) It is permanent, wherein each tenant may stay as long as he or she pays his or her share of rent and complies with the terms of his or her lease.
(D) It is tenancy housing under which supportive housing providers are required to comply with applicable state and federal laws governing the landlord-tenant relationship.
(E) Participation in services or any particular type of service is not required as a condition of tenancy.
(d) Counties may contract with agencies or individuals to assist persons with disabilities in securing their own homes and to provide persons with disabilities with the supports needed to live in their own homes, including supportive housing.
(e) For purposes of this section and notwithstanding any other provision of law, an individual with disabilities may contract for the provision of any of the community support services specified in paragraph (1) of subdivision (c) in the individual's own home including supportive housing, as part of that individual's service, care, or independent living plan, only through a government funded program or a private health or disability insurance plan.
(f) An individual's receipt of community living support services as defined in paragraph (1) of subdivision (c) shall not be construed to mean that the individual requires care or supervision or is receiving care or supervision.
