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.)

CDSS has issued instructions regarding social worker assessments of IHSS eligibility.  Social workers must now use hourly task guidelines instead of time per task in determining eligibility for and number of hours in 12 program service areas.  The other 13 program service areas have time guidelines without specific ranges for each functional rank.

Counties must continue to conduct individualized needs assessments and to assess needs based in part on the individual’s functional level of impairment.  The social worker must also explore any special needs or other circumstances that assist in determining time needed inside or outside the associated time range for the functional level of impairment.

Exceptions to the hourly task guidelines are only allowed when necessary to allow the applicant or recipient to remain safely in their home.  The rules for domestic and related services, alternative services and age appropriate guidelines are unchanged.

CDSS included an optional fact sheet that social workers can give to IHSS clients, new annotated assessment criteria, and a new IHSS social worker handbook that includes new model assessment forms.  (ACIN I-82-17, December 5, 2017.)

CDSS has issued instructions about Notices of Action for determinations about In Home Supportive Services Protective Supervision.  CDSS developed Notice of Action messages to provide additional explanation for a Protective Supervision determination.  The purpose of the messages is to increase understanding of the basis for a Protective Supervision determination.  County social workers can select the message to be included in the Notice of Action.

The messages include explanations for no risk of injury, hazard or accident; individual is self-directing, not mentally impaired or mentally ill; need is caused by a medical condition and supervision required is medical; no eligibility for anticipation of a medical emergency; no eligibility to prevent or control aggressive or anti-social behavior; no eligibility to guard against deliberate self-harm; and no need for 24 hour supervision.  (ACL 17-110, October 31, 2017.)

CDSS has issued instructions providing equal communication access and accessibility of materials to deaf or hard-of-hearing IHSS applicants, recipients and providers.  Counties must provide all possible guidance and assistance to ensure effective communication with all IHSS program participants, including those who are deaf or hard-of-hearing and must provide equal access to information and data.  This requirement applies to any deaf or hard-of-hearing program participant and is not limited to when deaf or hard-of hearing program participants are more than five percent of the population served by the local office.

Counties must have equipment to properly communicate with deaf or hard-of-hearing program participants during intake assessment, reassessment, and when addressing inquiries and providing information, which must be done without delay.  These communications must be offered in a manner easily accessible to program participants, which may be met using paid sign language interpreters, qualified sign language employees or qualified sign language interpreters from other agencies.  Auxiliary aids can include, TDD, assistive listening devices and television captioning.  (ACIN I-69-17, October 13, 2017.)