Implementing instructions for changes, effective 2/1/11, to W&IC 12305.87, which expands the list of crimes for which a conviction, or incarceration following a conviction, within the last ten years would exclude an individual from being enrolled as an IHSS provider. The statute also establishes provisions which will permit an individual, under certain circumstances, to be enrolled as an IHSS provider in spite of a conviction for an exclusionary crime. In addition to the original set of crimes (now called “Tier 1”) the legislation now covers “Tier 2 exclusionary crimes” (A violent or serious felony, a felony offense for which a person is required to register as a sex offender, and a felony offense for fraud against a public social services program). The Letter includes a complete listing of Tier 2 exclusionary crimes, the specific code sections, and title as well as “plain English” descriptions of the crimes.
An applicant provider found ineligible on the basis of a conviction(s) for a Tier 2 crime, but who otherwise meets all of the provider enrollment requirements, may be permitted to provide services to a specific IHSS recipient(s) if the recipient(s) who chooses to hire the individual despite the conviction(s) submits a request for an individual waiver of the exclusion. The letter reviews the notice and forms to be used for this waiver. [Download]