Bedoe

Bedoe v. County of San Diego

Good Law
155 Cal. Rptr. 3d 213·2013 Cal. App. LEXIS 263·215 Cal. App. 4th 56·2013 WL 1337384
Court of Appeal of CaliforniaApril 3, 2013No. D060381California2,380 words

Opinion

Lead Opinion

McIntyre, J.

The In-Home Supportive Services (IHSS) Program enables aged, blind or disabled poor to avoid institutionalization by remaining in their *59 homes with proper supportive services. (Welf. & Inst. Code, § 12300 et seq.; undesignated statutory references are to this code.) In this case, we examine whether an overpayment occurred where an individual provider admitted that he received payments for providing IHSS services, but that he did not personally provide any services. Instead, he informally subcontracted the provision of services to another family member.

As we shall discuss, the administrative hearing officer’s decision finding that an overpayment occurred was supported by substantial evidence. Accordingly, we reverse the trial court’s decision granting the individual provider’s petition for a writ of mandate.

FACTUAL AND PROCEDURAL BACKGROUND

In 2007, the County of San Diego (the County) determined that Nancy Bedoe was eligible to receive IHSS. Nancy chose her son, Michael Bedoe, as her individual provider. (For clarity and ease of reference, we refer to these individuals and other witnesses sharing the same last name by their first names.) In 2010, the County sought…

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