CDSS has issued instructions implementing AB 1021 regarding IHSS applications.  Counties must facilitate accepting applications by telephone, fax, in-person or email if the county is capable of accepting electronic applications.  Counties must assist IHSS applicants and facilitate the application process which includes informing applicants of the various methods for submitting applications.

Counties should establish secure drop boxes for applications.  Counties can accept applications face-to-face instead of providing a drop box.  Counties must designate staff to receive fax submissions daily.

Counties are required to provide IHSS applicants with a confirmation number upon receipt of the application.  The confirmation number can be provided verbally before the end of the telephone call in which the application is taken or in writing when the application is entered into the computer system.  Counties must communicate the confirmation number timely regardless of how the application was submitted.  (ACL 18-30, March 16, 2018.)

CDSS has issued instructions implementing SB 3 regarding paid sick leave for IHSS providers.  Beginning July 1, 2018, IHSS providers who work 100 hours will be eligible for 8 hours of paid sick leave per year. The sick leave time will increase to 16 hours per year on July 1, 2020 and 24 hours per year on July 1, 2022.

Providers will be able to use paid accrued sick leave after working an additional 200 hours or 60 calendar days from the date when the provider earned the sick leave, whichever is first.

Providers will lose any used sick leave at the end of each fiscal year.  Accrued sick leave will not be paid at the end of employment.  However, if the provider is rehired as an IHSS provider within a year, previously accrued sick leave will be reinstated.

IHSS providers can use accrued sick leave for diagnosis, care or treatment of an existing condition or preventative care for themselves or their family, or if the provider is a victim of domestic violence, sexual assault or stalking.

IHSS providers can request paid sick leave by completing the SOC 2302 IHSS Program Provider Sick Leave Request Form.  Both the recipient and the provider sign the form.  The provider submits the form to the CMIPS vendor, Enterprise Services.  The minimum increment for paid sick leave is 1 hour, and additional sick leave may be used in 30 minute increments.  Providers should give 48 hours notice to the recipient for planned usage of paid sick leave and immediate notice or at least two hours prior to the start of the work day for emergencies.

CDSS will add the amount of available sick leave to each provider’s pay warrant.  Providers will receive a supplemental check which will include the wages received for the sick time used.  (ACL 18-01, January 9, 2018.)

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.)