SB 930 eliminated several IHSS program requirements established under prior legislation. This letter implements the repeal of the provisions requiring finger images and assessments and on timesheets, and the bar on PO Boxes for IHSS providers. It also permits the release of state-level criminal offender record information (CORI) search responses to individuals determined ineligible to be IHSS providers based on CORI information. [Download]
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
IHSS
ACIN I-74-11: Revised IHSS Health Care Certification Form And Related Notices; Clarification On Inter-County Transfers of Health Care Certification Requirements (12/6/11)
Some wording changes, clarification of a Licensed Health Care Provider (LHCP) and one significant improvement. To remove barriers to verification for those living near the state borders, counties are now given the flexibility to make case-by-case exceptions basis and accept an SOC 873 (or alternative documentation) completed by an LHCP licensed in another state but if they are an approved Medi-Cal provider, and the applicant/recipient has been receiving treatment from them. The Notice also instructs what counties should do if the LHCP fills out the first two questions (need for IHSS) but fail to fill out the details requested in the subsequent questions. The new forms attached to this notice are effective immediately. [Download]
ACL 11-84: Temporary Restraining Order Halting Implementation Of The 20-Percent Reduction In IHSS Recipients’ Authorized Hours (12/7/11)
This letter implements the TRO issued in Oster v. Lightbourne. The CMIPS implementation of the 20% reduction did not occur. DSS did not send out Notices of Action to recipients, and will not be issued pending further authorization from the court. Counties are to halt any other implementation of the cut, but if recipients already submitted their Applications for IHSS Supplemental Care (SOC 877), Counties are instructed to retain them pending the final resolution of the lawsuit. [Download]
ACL 11-81: Implementation Of Twenty-Percent Reduction IHSS Recipients’ Authorized Hours (11/29/11)
ENJOINED THROUGH TRO GRANTED 12/1/11
A must read: The state got a budget estimate for next year that set off a trigger to cut IHSS cut. On top of the prior 3.6% cut, IHSS authorized hours (what the state already decided you needed in order to safely stay in your home) will be cut an additional 20%, effective January 1, 2012. Recipients “choose” which needs will not be met/paid for through IHSS.
The cut does not apply to people who get services under one of the State Home and Community Based Services Waivers (including the AIDS , Home and Community Based Services Waiver for the Developmentally Disabled , In-Home Operations (IHO), Multipurpose Senior Services Program , and Nursing Facility/Acute Hospital waivers).
IHSS recipients who believe they have a “serious risk “of out-of-home placement may submit an application for IHSS Supplemental Care to request full or partial restoration of his/her reduced hours. The criteria for preapproving IHSS Supplemental Care requests is also described. The letter also contains a “screening tool” for the counties to assess “serious risk” of out of home placement. Recipients must make their request for Supplemental Care by March 1, 2012. If the recipient submits an IHSS Supplemental Care application within 15 days of receiving
the NOA, or postmarked by January 3, 2012, the pre-cut hours will be restored. However, even if the person is at “serious risk” the county has several options: Assist the recipient to to prioritize the hours available so that the most essential tasks are completed so the serious risk is eliminated; arrange for the recipient to receive services from a formal or informal alternative resource (i.e., home delivered meals, neighbors to take the recipient grocery shopping with them, etc.); restore part of the hours to ensure that the serious risk is eliminated; or restore all of the hours to ensure that the serious risk is eliminated.
Here’s the timeline: November: reprogram CMIPS; December (by the 15th), mail out NOAs of the cut; counties must send a more detailed notice of the cut along with that NOA.
Counties must continue to perform reassessments. However, if a request for a reassessment is received within 90 days of the reduction NOA, the county should evaluate whether the request is disputing the reduction or whether there has been a change in the recipient’s circumstances that impacts his/her functional abilities. As part of this evaluation process, when necessary, counties may request additional information from the recipient to document the change in circumstances necessitating a reassessment.
The letter also helpfully informs counties they should “prepare” for an “increase” in calls. The letter states that fair hearings will only be held after denial of the supplemental care application, but that aid paid pending will be available if the request is timely filed (i.e. BOTH the supplemental care application AND the hearing request if denied). The NOA to the clients state they will get APP if they file a hearing request before 1/1/12. [Download]
ACL 11-76: IHSS Health Care Certification Form Exceptions (11/10/11)
Remember budget bill SB 72? It required an IHSS certification form, the SOC 873 to be received prior to the authorization of IHSS services for new applicants and to allow the continuation of IHSS services for current recipients. There are two exceptions to this rule as it relates to applicants, who are considered temporarily eligible if they meet the exceptions. 1) IHSS services have been requested on behalf of an individual being discharged from a hospital or a nursing home and those services are needed to enable the individual to return safely to their own home or into the community; 2) Services may be authorized temporarily pending receipt of the certification when the county determines that there is a risk of out-of-home placement. The SOC 873 or appropriate documentation must be received within 45 days, or 90 with good cause. There are instructions about the NOAs required. [Download]
ACL 11-56: Public Authority Administrative Allocation For Fiscal Year (FY) 2011-12 and the Establishment Of An Allocation Of $3,000 General Fund For Public Authority Advisory Committee Expenses to the Public Authorities in Accordance with Welfare and Institutions Code Section 12301.6 (7/29/2011)
This letter provides the general fund allocation amounts by county for administrative costs associated with In Home Supportive Services Programs. [Download]