IHSS Advance Pay overpayment recovery

The California Department of Social Services (CDSS) has issued a new notice of action from for recovery of In Home Supportive Services (IHSS) advance pay overpayments.  Advance pay allows recipients to receive an advance payment for their monthly IHSS services and pay their providers directly for their services.  Advance Pay is available only for Severely Impaired IHSS recipients as defined by Welfare and Institutions Code Sections 12303.4(d) and 12304(d).

Recipients receiving Advance Pay are responsible for reconciling timesheets at the end of each month.  When a recipient does not submit reconciling timesheets within 45 days of the issuance of date of the advance payment, there is a rebuttable presumption that the unreconciled amount is an overpayment.   This presumption is rebuttable and counties should attempt to assist recipients with any reconciliation issues.

CDSS issued a form notice of action, NA 1262, for Advance Pay overpayment recovery.  Counties should use this form to inform recipients of Advance Pay overpayments.  The form informs of the overpayment and states that collection can be by offset from future Advance Pay payments, and that recipients can directly pay some or all of the balance to shorten the time period of warrant offset.  (ACIN I-27-19, May 7, 2019.)