The California Department of Social Services has issued instructions about violations for IHSS providers who exceed workweek and travel time limitations. Those limitations are described in ACL 16-01.
A violation of the workweek and travel time limitations occurs when: 1) a provider works more than 40 hours in a workweek without county approval and the recipient’s receives less than 40 hours; 2) a provider works more hours in a workweek than the recipient’s maximum weekly hours causing the provider to work more overtime hours in a month than normal without county approval; 3) a provider works more than 66 hours in a week when working for multiple recipients and 4) a provider claims more than 7 hours of travel in a workweek.
The first violation causes a written warning. The second violation is a warning and a one-time opportunity to complete voluntary instructional materials. If the materials are completed within 14 days, the second violation is rescinded. The next violation would then be considered the second violation and will not be rescinded. The materials are attached to ACL 16-44.
The third violation causes a 90 day suspension of the IHSS provider’s eligibility to work. The fourth violation causes a one year suspension of the IHSS provider’s eligibility to work.
If a provider has no violations for a year, one violation is rescinded.
For first and second violations, providers can request a county administrative review of the violation, followed by an administrative hearing. For third and fourth violation, providers can request a county administrative review, then a CDSS administrative review, then an administrative hearing. ACL 16-36 (April 21, 2016).