A provider who works for only one recipient cannot work more than 70 hours and 45 minutes per week for IHSS and/or WPCS combined.
This is especially common in areas that have high unemployment. & Inst. – (Return to main document), 23 ACL 18-58 at 4. A sample letter of what a request for more time due to the elimination of alternative resources might look like is below. (ACL 20-67). 18-31 (“ACL 18-31”) at 2, available at: http://www.cdss.ca.gov/Portals/9/ACL/2018/18-31.pdf?ver=2018-03-23-130932-073.
Providers who work for two or more IHSS recipients are eligible for Exemption 2 if each recipient has at least ONE of the following circumstances that puts the recipient at serious risk of placement in out-of-home care if the services could not be provided by that provider: Criteria A: Has complex medical and/or behavioral needs that must be met by a provider who lives in the same home as the recipient; OR, Criteria B: Lives in a rural or remote area where available providers are limited, and as a result, the recipient is unable to hire another provider; OR, Criteria C: Is unable to hire another provider who speaks the same language as the recipient, and as a result, the recipient is unable to direct his or her own care.10, Before Exemption 2 was codified in statute, the state’s guidance11 required both the county and recipients to explore and exhaust all possible options for finding another provider to work within the recipient’s authorized weekly and monthly hours. WPCS is unlicensed attendant care that helps Waiver participants with their personal care and other needs they have to remain living at home. Before granting an Exemption 2 request, the county must review available providers. & Inst. 0000011265 00000 n IHSS applicants must get a Health Care Certification (SOC 873) form from their doctor and give it to the IHSS program before IHSS services can be provided. <> The written decision will inform the provider and his/her recipients if the exemption is granted or denied. & Inst. Counties have been told to create a back-up IHSS provider system. https://www.disabilityrightsca.org/publications/in-home-supportive-services-ihss, In-Home Supportive Services (IHSS): A Guide for Advocates 0000004923 00000 n 2024 and onwards.
Covid-19 Rule: If a recipient or provider is unable to sign-up for a telephone or electronic timesheet, they can continue to use paper timesheets in the near term. Contact your IHSS county office for more information about the IHSS emergency back-up system in your area. 0000002629 00000 n 0000017587 00000 n 12 0 obj 0000012810 00000 n On April 1, 2020, new rules go into effect that will end many of those waivers. The ABAWD Work Requirements are even more strict. Are related biologically, by adoption, or as a foster caregiver, legal guardian, or conservator, to all of the recipients for whom he or she provides services as the recipients’ parent, stepparent, foster or adoptive parent, grandparent, legal guardian, or conservator. 14.00. – (Return to main document), 12 ACL 18-31 at 2.
These rules state that you need to register for work, participate in training or work programs, and take a suitable job if one is offered to you. COVID-19 (Coronavirus) - Tips for Getting Help at Home and IHSS Program Changes, 2020 Legislation Affecting Persons with Disabilities, Special Education Rights & Responsibilities Manual (SERR), Rights Under The Lanterman Act Manual (RULA), https://www.disabilityrightsca.org/post/announcement-coronavirus-and-how-disability-rights-california-can-help-you, Click here to see what an HSS NOA form looks like, https://www.cdss.ca.gov/inforesources/2020-all-county-letters, https://www.cdss.ca.gov/Portals/9/IHSS/Emergency/Personal-Emergency-Plan.pdf, https://www.cdss.ca.gov/inforesources/county-ihss-offices, https://www.cdss.ca.gov/Portals/9/Additional-Resources/Letters-and-Notices/ACINs/2020/I-28_20.pdf, https://www.cdss.ca.gov/Portals/13/Homepage/PML_authorizedHoursAdjustments.pdf, https://www.cdss.ca.gov/inforesources/ihss/ihss-providers/how-to-become-an-ihss-provider, https://dpss.lacounty.gov/content/dam/dpss/documents/en/ihss/SOC%20426%20(Rev%2006-16)%20EN.pdf, https://www.cdss.ca.gov/cdssweb/entres/forms/English/SOC426A.pdf, https://oag.ca.gov/sites/all/files/agweb/pdfs/fingerprints/forms/bcia-9010-covid-19.pdf, https://www.cdss.ca.gov/Portals/9/Additional-Resources/Forms-and-Brochures/2019/Q-T/TEMP3019.pdf, https://www.cdss.ca.gov/Portals/9/Additional-Resources/Forms-and-Brochures/2019/Q-T/TEMP3021.pdf, https://mcusercontent.com/73901133dd7ea1a5581344daf/files/755117fd-036c-42ee-93a6-fc6195fdf352/20_57.pdf, https://www.cdss.ca.gov/Portals/13/Homepage/IHSSPML_GovEO_031920.pdf, https://www.cdss.ca.gov/Portals/9/Additional-Resources/Letters-and-Notices/ACLs/2020/20-103.pdf, https://www.disabilityrightsca.org/publications/in-home-supportive-services-ihss, https://www.disabilityrightsca.org/publications/in-home-supportive-services-ihss-advocates-manual, https://www.cdss.ca.gov/Portals/9/Additional-Resources/Letters-and-Notices/ACLs/2020/ACL_20-26.pdf, here for the 'List of Funding Grants and Contracts' page, Domestic and Related Services: meal preparation, cleaning, laundry.
For example, if you also receive Waiver Personal Care Services (WPCS), then you can call your waiver agency or the Department of Health Care Services (DHCS) for more information.
Services are provided in your home, hotel, or the home of a relative. 0000016363 00000 n The county must assess if certain tasks, e.g., domestic and related services tasks, can be accomplished effectively by a provider who does not speak the recipient’s same language after some initial interpretative assistance. Note that mother’s unavailability is based solely on the fact that she has reached the maximum hours allowed. ACL 20-62: https://mcusercontent.com/73901133dd7ea1a5581344daf/files/755117fd-036c-42ee-93a6-fc6195fdf352/20_57.pdf. 0000050042 00000 n Around 700,000 people will lose their food stamps on April 1, 2020. – (Return to main document), 17 ACL 18-31 at 5. You can mail your completed application to: CDSS – Adult Programs Division Here is where you can find more information about requesting a hearing: https://www.cdss.ca.gov/hearing-requests. The in-home face-to-face assessment is often called a “home visit.” A “home visit” or “assessment” is part of the IHSS “initial assessment” and “reassessment” process. If your state does not use a form, you can ask your doctor for a letter. ���L���vA�jЦ�5�B�� 6������Fzb|8�������%�P�S� uh���ɩ���\6~j�̢��K��R3>��9j� Counties must conduct an in-home face-to-face assessment before authorizing IHSS services. Increase by inflation. Without the parent’s care the child is at risk of institutionalization. Remember to leave a brief message with your name and phone number so your call may be returned. My request for an IHSS workweek exemption was just granted, but I need an additional provider to cover the additional 100 hours. For Criteria C, the county must determine the extent to which the recipient’s inability to hire a provider who speaks his/her same language presents a barrier in the provision of the recipient’s authorized services. To ensure IHSS applicants are not penalized for delays in their ability to complete an SOC 873, until December 31, 2020, the California Department of Social Services will allow the county to consider all new IHSS applicants who are unable to obtain a SOC 873 from his/her licensed health care provider due to the redirection efforts to – (Return to main document), 13 ACL 18-31 at 2.
endstream endobj startxref IHSS providers are now eligible to receive overtime, travel time, and medical wait time pay Overtime, travel time, and medical wait time pay are a historic new benefit for IHSS providers, and in many cases are life-changing for families. If the county denies the exemption, the county must also explain in the notification letter the reason for the denial and information about the process to request a review by CDSS, independent of the county’s decision. And with these new benefits come new IHSS program rules. IHSS provides help with: IHSS tells people if an application is approved or denied, what services a recipient can get, and the amount of time that is approved to provide each service by providing an IHSS Notice of Action (NOA).
As of August 4, 2020, counties may conduct initial assessments via video call (e.g. <>/ProcSet [ /PDF /Text]>>/Rotate 0/StructParents 84/Tabs /S/Type /Page>>
If you cannot reach your worker, you should document the request, and adjust your hours. A parent may be an IHSS provider for their child if: From April 23, 2020 until August 3, 2020, IHSS parent providers in a two-parent household were allowed to continue to be a paid IHSS provider if the second parent was no longer “unavailable” because the parent was not working or attending a school or vocational program due to COVID-19.
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