(

a) Notwithstanding

Section 14005.12, when an individual residing in a long-term care facility would incur a long-term care patient liability for services under this

chapter due to income that exceeds that allowed for the incidental and personal needs of the individual, a specified portion of the individual’s earned income from therapeutic wages shall be exempt. Therapeutic wages are wages earned by the individual under all of the following conditions:

(1) A physician who does not have a financial interest in the long-term care facility in which the individual resides, and who is in charge of the individual’s case, prescribes work as therapy for the individual.

(2) The individual must be employed within the same long-term care facility where they reside.

(3) The individual’s employment does not displace any existing employees.

(4) The individual has resided in a long-term care facility for a continuous period commencing at least five years prior to the date of the addition of this

section as originally adopted during the 1983–84 Regular Session. (

b) The amount of earned income from therapeutic wages that shall be exempt shall be the lesser of percent of the gross therapeutic wages or percent of the maintenance level for a noninstitutionalized person or family of corresponding size as described in subdivision (b), (c), or (

e) of

Section 14005.12. (

c) The provisions of this

section shall be given retroactive effect for the period commencing June 1, 1983. (

d) This

section shall not become operative unless and until the necessary waivers are obtained from the United States Department of Health and Human Services. (

e) The director shall adopt regulations implementing this

section as emergency regulations in accordance with

Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code. For the purposes of the Administrative Procedure Act, the adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding

Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code, emergency regulations adopted by the department in order to implement this

section shall not be subject to the review and approval of the Office of Administrative Law. These regulations shall become effective immediately upon filing with the Secretary of State. (

f) If the conditions described in paragraph (2) of subdivision (

b) of

Section 14005.12, as added by

Section of the act that added this subdivision, have been met, this

section shall become inoperative on January 1, 2025, or the date certified by the department pursuant to paragraph (3) of subdivision (

b) of

Section 14005.12, as added by

Section of the act that added this subdivision, whichever is later, and shall be repealed on January directly following that date.