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.)

CDSS has issued instructions implementing AB 1797 about confirmation numbers for IHSS applications.  AB 1797 added Welfare and Institutions Code Section 12301.16 that requires counties to provide HIS applicants with a confirmation number upon receipt of an IHSS application.

CDSS will use the case number that is randomly assigned by the CMIPS II computer system as the confirmation number.  CDSS developed a notice called “Notice of Application Confirmation Number (SOC 2300)” for IHSS agencies to use when providing notification of the application confirmation number.  Counties must provide the confirmation number either verbally before the end of a telephone call during which an IHSS application is taken or in writing when the application is entered into CMIPS II.  (ACL 17-18, February 16, 2017.)

The California Department of Social Services (CDSS) has announced that it will allow IHSS providers to self-certify that they live in the same home as the IHSS recipient for purposes of federal income taxes.

Internal Revenue Service Notice 2014-7 states that wages for an IHSS provider who lives in the same home as the recipient are not considered gross income for purposes of federal income taxes.  CDSS will allow self-certification that the IHSS provider lives with the recipient by submitting the SOC 2298 form.  Providers will only need to submit the form once.  If the living situation changes, the provider will need to submit the SOC 2299 form.

Wages will continue to be included as federally taxable income until the SOC 2298 form is submitted and processed.  CDSS Provider Bulletin, Live-In Provider Self Certification Information.

CDSS has issued instructions and forms to counties about certification from a licensed health care professional as a condition of eligibility for In Home Supportive Services (IHSS) benefits.  Counties are required to provide applicants with the SOC 873 certification form and SOC 874 instructions.  Applicants must submit the completed form within 45 days of receiving it from the county.  Applicants can submit alternative documentation if it contains the same information as the SOC 873 form.  The application will be denied if certification is not submitted within 45 days of the county providing the forms.

The health care certification is not the only factor in determining the need for IHSS services, but should be considered as one indicator of the need for services.  However, the IHSS application must be denied if the first two questions on the SOC 873 form are not answered yes by the licensed health care professional.  If the county believes the applicant should be eligible for IHSS despite not receiving yes answers to those questions, the form must be returned to the health care professional to be reconsidered.

Services cannot be authorized until the county has received certification from a licensed health care professional unless services are being requested on behalf of an applicant who is returning to the community from a hospital or nursing home and needs services to remain safely in the community or the applicant is at imminent risk of out-of-home placement.  ACL 16-78 (September 28, 2016).