CDSS has issued instructions about the IHSS overtime exemption for extraordinary circumstances. The criteria and initial instructions for the IHSS overtime exemption for extraordinary circumstances are in ACL 16-22, summarized here.
CDSS’ new instructions address renewal of an extraordinary circumstances exemption. All conditions on which the exemption was initially granted must remain the same for an exemption to be renewed. If there has been any changes, the county must submit to CDSS a referral for a new exemption instead of renewal of the existing exemption.
Prior to submitting the renewal request, the recipients must explore and exhaust all options for hiring additional providers in the same manner as for the initial exemption request. This includes contacting relatives, friends, neighbors or other people the recipient knows about their willingness to be a provider, contacting provider registries both in the county where the recipient lives and in neighboring counties, and utilizing alternative resources such a Regional Center services, to address issues with the recipient’s ability to tolerate an outside provider.
CDSS eliminated the requirement to perform a renewal at the next face-to-face reassessment when reassessment occurs before the end of the six month or one year period of the exemption. However, requests for renewals must be submitted to CDSS by the county no less than 30 days before the exemption ends.
CDSS also clarified that counties determine when to submit exemption requests to CDSS and the county shall not submit either an initial referral or request to renew to CDSS if the county decides other resources are available. (ACL 17-13, April 7, 2017.)