Implementing instructions for changes, effective 2/1/11, to W&IC 12305.87, which expands the list of crimes for which a conviction, or incarceration following a conviction, within the last ten years would exclude an individual from being enrolled as an IHSS provider. The statute also establishes provisions which will permit an individual, under certain circumstances, to be enrolled as an IHSS provider in spite of a conviction for an exclusionary crime.  In addition to the original set of crimes (now called “Tier 1”) the legislation now covers “Tier 2 exclusionary crimes” (A violent or serious felony, a felony offense for which a person is required to register as a sex offender, and a felony offense for fraud against a public social services program). The Letter includes a complete listing of Tier 2 exclusionary crimes, the specific code sections, and title as well as “plain English” descriptions of the crimes.

An applicant provider found ineligible on the basis of a conviction(s) for a Tier 2 crime, but who otherwise meets all of the provider enrollment requirements, may be permitted to provide services to a specific IHSS recipient(s) if the recipient(s) who chooses to hire the individual despite the conviction(s) submits a request for an individual waiver of the exclusion.  The letter reviews the  notice and forms to be used for this waiver. [Download]

AB 1612 added WIC Section 12301.06, requiring CDSS to reduce all IHSS recipients’ total authorized hours by 3.6%,  effective February 1, 2011.  NOAs are to be mailed at least 30 days prior to the reduction. The NOAS are in English, Spanish, Armenian and Chinese, and counties must provide translations for any other language hitting the (5%) threshold. Recipients choose how this reduction is applied toward their specific authorized services. The 3.6 percent reduction will first be applied to any documented unmet need (excluding protective supervision). This cut expires July 1, 2012. [Download]

Nothing stays the same except change. In this case, changes to the IHSS provider enrollment process on acceptance of a provider’s DOJ response status by multiple IHSS entities; DOJ subsequent arrest reports and inactive provider period of eligibility.  Only one check, by one county is done. Counties are reminded that they can’t disqualify based solely on a DOJ arrest report, but that it ultimately results in a conviction for one of the disqualifying crimes, the originating county will be responsible for sending the appropriate notices. (Which the ACL lists.) The automation system (Legacy CMIPS for those of you that like acronyms) has been updated to track this information.

Also, CMIPS is set to automatically terminate providers who have no payroll activity statewide for one year. If these individuals subsequently wish to enroll as IHSS providers, they will have to start all over and meet all provider enrollment requirements. [Download]

The latest information and instructions regarding the Beckwith and the IHSS provider disqualifications. It also corrects the answer in ACL 10-05 regarding the impact of expungements.  The state decided that since the disqualification statute refers to “conviction,” that they would disqualify those with expunged records. Counties further are  instructed to retain copies of all criminal offender record information (CORI) responses received from the California DOJ pending final resolution of this litigation. These records are required to be stored in a confidential manner with access only to authorized personnel. Upon final resolution of this litigation, counties can return to the usual practice of destroying the CORI responses once the county’s business need is fulfilled. [Download]