The California Department of Social Services (CDSS) has issued clarification about IHSS provider travel claims.  IHSS providers must be paid for time spent traveling between locations where services are provided.  The provider must submit a Provider Workweek & Travel Time Agreement (SOC 2255) to be paid travel time.  Counties must accept travel claims, including retroactive claims for travel prior to the filing of the SOC 2255 form, as long as the travel claim is consistent with the information on the SOC 2255.  The provider must submit a Travel Claim Form (SOC 2275) for each time period that the provider is eligible to receive travel time.  For retroactive claims, county staff must request printing of the SOC 2275 and the print vendor will mail the retroactive SOC 2275 to the provider.  No retroactive claims for travel prior to February 1, 2016 will be accepted.

When a provider lives with a recipient, the provider is entitled to compensation for travel time if the provider provides authorized services for the recipient and then travel to another location to provide authorized services for another recipient.  The provider is entitled to compensation for travel back to their home if that travel is for the purpose of providing additional authorized services for the recipient with whom the provider lives.  Providers are encouraged to develop a work schedule to avoid unnecessary travel.

Counties should request an updated SOC 2255 form only if there is a permanent change in the provider’s travel time. The provider is not required to complete the Recipient and Provider Workweek agreement (SOC 2256) unless the county determines that the provider needs help in scheduling service hours to ensure that the provider stays within the recipient’s monthly authorized hours.  (ACIN I-18-19, March 29, 2019.)

The California Department of Social Services (CDSS) has issued a new notice of action from for recovery of In Home Supportive Services (IHSS) advance pay overpayments.  Advance pay allows recipients to receive an advance payment for their monthly IHSS services and pay their providers directly for their services.  Advance Pay is available only for Severely Impaired IHSS recipients as defined by Welfare and Institutions Code Sections 12303.4(d) and 12304(d).

Recipients receiving Advance Pay are responsible for reconciling timesheets at the end of each month.  When a recipient does not submit reconciling timesheets within 45 days of the issuance of date of the advance payment, there is a rebuttable presumption that the unreconciled amount is an overpayment.   This presumption is rebuttable and counties should attempt to assist recipients with any reconciliation issues.

CDSS issued a form notice of action, NA 1262, for Advance Pay overpayment recovery.  Counties should use this form to inform recipients of Advance Pay overpayments.  The form informs of the overpayment and states that collection can be by offset from future Advance Pay payments, and that recipients can directly pay some or all of the balance to shorten the time period of warrant offset.  (ACIN I-27-19, May 7, 2019.)

The California Department of Social Services (CDSS) has provided additional information about reasonable accommodations for blind and visually impaired In-Home Supportive Services (IHSS) applicants and recipients.  This information is in addition to previous information and forms and notices in ACL 15-60 and other alternative format forms and notices.

Counties must offer reasonable accommodations in the form of alternative formats and auxiliary aids to IHSS applicants or recipients who identify as blind or visually impaired at the initial assessment, reassessment and whenever there is a change in circumstances.  Counties must offer reasonable accommodations to applicants or recipients who exhibit or mention problems with reading or seeing.  Counties must offer format options and the ability to update format preferences.  Counties must record these accommodations in the CMIPS computer system.

Both blind and visually impaired persons can now use the telephone timesheet system.

CDSS has done training for counties and has fact sheets for social workers about reasonable accommodations for blind or visually impaired persons.

Blind or visually impaired persons can also use the electronic timesheet system using a screen reader.  The electronic timesheet forms are now available in accessible formats.

CDSS updated its list of IHSS forms in accessible formats.  That list is included with the ACL.  CDSS also included data about format preferences including large print, audio CD, Braille, and data CD.

CDSS will create a report of all IHSS applicants or recipients who are identified as blind or visually impaired but do not have a format preference documented in CMIPS.  When the report is release, counties must contact each of those applicants or recipients to determine their format preference and document that preference in CMIPS.  (ACL 19-36, April 12, 2019.)

The California Department of Social Services (CDSS) has issued new forms upholding a third or fourth In Home Supportive Services provider overtime violation allegation.  CDSS established limits on the number of authorized hours an IHSS provider can work and travel time for IHSS providers.  (See ACL 16-46.)  A provider exceeding these limits can cause violations.  The third violation causes a 90 day suspension of the provider and the fourth violation causes a one year period of ineligibility to work as an IHSS provider.  CDSS established a state administrative review process to challenge third and fourth alleged overtime and travel time violations.

CDSS combined the notices for the third and fourth violations into one notice.  (See SOC 2282 and SOC 2283.)

Providers have 10 calendar days from the date of the notice upholding the violation allegation to request state administrative review.  Previously, the request for state administrative review had to be received by CDSS within 10 calendar days of the date of the notice.  CDSS changed its policy so that the 10 calendar days to request a state administrative review runs to the date of the postmark on the request for state administrative review.  (ACIN I-92-18, January 2, 2019.)

The California Department of Social Services has issued clarification regarding various In Home Supportive Services (IHSS) provider enrollment issues.   

Prospective IHSS providers must undergo a background check in order to enroll as a provider.  If an individual has a Tier 1 conviction in the last 10 years, they are barred from being an IHSS provider.  Tier 1 offenses are specified abuse of a child, abuse of an elder or dependent adult and fraud against a government health care program or supportive services program.  Tier 2 crimes also bar an individual from being an IHSS provider for 10 years, but the prospective provider can apply for a waiver.  Tier 2 crimes are a violent or serious felony, a felony for which a person is required to register as a sex offender, and felony fraud against a public social services program. 

CDSS provided a new plain language list of Tier 2 exclusionary crimes and explanation of some of those crimes.  Issues in these explanations include that failure to register as a sex offender, by itself, is not a Tier 2 exclusionary offense, and that a provider who has a Tier 2 felony reduced to a misdemeanor is eligible to work as an IHSS provider.  In addition, any incarceration time for a probation or parole violation is considered part of the original sentence and the ten year bar ends when incarceration for the probation or parole violation ends. 

In general, court orders or court documents are not to be used to deny or terminate IHSS provider enrollment.  Only notice from the Department of Justice can be used to deny or terminate provider enrollment.  However, court orders or court documents can be used to clarify the charged offense or conviction.  In addition, court orders or court documents can be used to determine provider enrollment for non-California offenses.

CDSS also discussed rules regarding minors as IHSS providers.  Minors must be at least 12 years old to obtain a valid work permit.  Minors age 12-13 can only provide limited domestic services and may only be employed on school holidays, weekends or vacations.  Minors age 14-15 can provide cooking or food preparation services but only when supervised by another person over age 18, can work three hours per day school day outside of school hours and eight hours per day on any non-school day.  Minors under age 16 cannot provide medical accompaniment or grocery shopping/errands which would require them to operate a car, and it is recommended that they not administer or dispense medication to recipients.  Minors age 16-17 can provide cooking or meal preparation unsupervised, can work four hours per day school day outside of school hours and eight hours per day on any non-school day and may work a maximum of 48 hours per week.

CDSS also stated rules regarding expired immigrant work documents.   If a non-citizen’s green card or work permit has expired, they are not allowed to work in the United States and therefore cannot be IHSS provides until their work authorization is restored.

An applicant to be a provider must provide a photo identification issued by a United States federal government or state agency or a recognized Native American tribe.  The photo identification does not need to be reverified.   If the photo identification is valid at the time of application, it remains acceptable.

If an individual applies to be a provider in another county, the original county must transfer documents except for the criminal background check, which must be done again by the new county.

Counties must allow labor organizations representing IHSS providers to give a 30 minute presentation during the IHSS provider orientation.  (ACL 19-14, February 7, 2019.)