The California Department of Social Services has issued instructions about counties asking CDSS to remove an IHSS provider overtime violation when the county exceeds the 10 day dispute processing timeframe.
To dispute an overtime violation, an IHSS provider must submit the violation dispute form within 10 calendar days of the date on the violation notice. The county enters the date the violation dispute form is received into CMIPS within 10 business days to have the violation considered for removal.
If the county does not enter the violation dispute into CMIPS within 10 business days, the system prevents entering the violation dispute. In that event a county can request that CDSS remove the violation if the delayed processing is because of 1) a circumstance beyond the provider’s control, 2) the provider file the violation dispute timely but the county did not timely enter the dispute into CMIPS and 3) the violation would have been removed had the dispute been entered into CMIPS timely.
Counties must submit CDSS review requests within 45 days of the violation notice date. Only counties can initiate this review process. (ACL 17-105, October 19, 2017.)