Before you get too excited that IHSS is going public with an offering, this letter sets out more info on the implementation of the In-Home Supportive Services Plus Option (IPO) program. Unlike the Demonstration Waiver IPW, the IPO is a State Plan Option, and therefore follows the State Plan PCSP regarding program eligibility and services.  Under the IPO program, eligibility is the same as for PCSP (categorically or medically needy and has a disabling condition) . The IPO does not include teaching/demonstration, and has different program rules regarding care provided by a spouse/parent. There are also enhanced assessment processes. CDSS is in the process of developing regulations for the IPO.   [Download]

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]