Updates to IHSS provider violation notices and time to request state administrative review

The California Department of Social Services (CDSS) has issued new forms upholding a third or fourth In Home Supportive Services provider overtime violation allegation.  CDSS established limits on the number of authorized hours an IHSS provider can work and travel time for IHSS providers.  (See ACL 16-46.)  A provider exceeding these limits can cause violations.  The third violation causes a 90 day suspension of the provider and the fourth violation causes a one year period of ineligibility to work as an IHSS provider.  CDSS established a state administrative review process to challenge third and fourth alleged overtime and travel time violations.

CDSS combined the notices for the third and fourth violations into one notice.  (See SOC 2282 and SOC 2283.)

Providers have 10 calendar days from the date of the notice upholding the violation allegation to request state administrative review.  Previously, the request for state administrative review had to be received by CDSS within 10 calendar days of the date of the notice.  CDSS changed its policy so that the 10 calendar days to request a state administrative review runs to the date of the postmark on the request for state administrative review.  (ACIN I-92-18, January 2, 2019.)