COVID-19 extension of exceptions to IHSS regulations

The California Department of Social Services has issued guidance regarding extension of  exceptions to In Home Supportive Services (IHSS) regulations because of COVID-19.

Effective August 4, 2020 until the end of the National Emergency, initial assessments for IHSS applicants can be conducted by videoconference for applicants who have been exposed to, present symptoms of, or test positive for COVID-19.

Counties must immediately begin doing reassessments.  Counties that suspended reassessments must conduct all outstanding reassessments that were suspended by December 31, 2020.  Until the end of the National Emergency, counties can conduct reassessments by videoconference.

Until December 31, 2020, when assessments and reassessments are conducted by telephone or videoconference, counties may accept self-attestation in lieu of original signatures on most required forms.  Original signatures are required for the request for paramedical services, designation of authorized representative, and request to provide waiver.

Until December 31, 2020, counties can continue to allow new IHSS applicants who cannot get a SOC 873 certification form from their health care provider to be considered at imminent risk of out of home placement.  Applicants should have an additional 45 days for good cause to submit a SOC 873 after the county requests it.

Paid sick leave for COVID-19 for IHSS providers will continue in effect until December 31, 2020.  The IHSS provider backup system and additional $2 for backup providers established in ACL 20-29, summarized here, will remain in effect until December 31, 2020.

The requirement for an in-person orientation for new IHSS providers and signing of the Provider Enrollment Agreement will continue to be waived until August 31, 2020.  Effective September 1, 2020, orientations can be conducted either in-person or by videoconference.  Providers enrolled between April and August, 2020 must complete the provider orientation and sign the Provider Enrollment Agreement by December 31, 2020.  In person presentation of government issued photo identification and Social Security card continues to be waived until December 31, 2020.  Until then, counties can accept mailed photocopies or faxes of those documents.  (ACL 20-75, July 6, 2020.)

COVID-19 extension of IHSS criminal background check changes

In ACL 20-50, the California Department of Social Services implemented a temporary suspension of the requirement that applicants to be In Home Supportive Services providers be fingerprinted as part of their criminal background check and allowed a name-based check instead.  The suspension of the fingerprinting requirement is extended through July 31, 2020.

To remain a provider after July 31, 2020, all providers who were enrolled using a name-based check must complete the regular criminal background check requirements by July 31, 2020, including the fingerprint based background check.  (ACL 20-67, June 12, 2020.)

COVID-19 IHSS personal protective equipment

The California Department of Social Services (CDSS) informs counties that personal protective equipment is being made available to both In Home Supportive Services (IHSS) providers and recipients who requests it.  Personal protective equipment is available at the Public Authority offices in each county.  Each set of personal protective equipment will include a face mask and a pair of gloves. (ACL 20-61, June 1, 2020.)

COVID-19 personal protective equipment for IHSS providers

The California Department of Social Services (CDSS) informs counties that personal protective equipment is being made available to any In Home Supportive Services (IHSS) provider who requests it.  Personal protective equipment is available at the Public Authority offices in each county.  Each set of personal protective equipment will include a face mask and a pair of gloves.  (ACL 20-57, May 19, 2020.)

This letter is superceeded by ACL 20-61, June 1, 2020, which adds that personal protective equipment is also available for IHSS recipients.

IHSS medical accompaniment

The California Department of Social Services (CDSS) has provided additional guidance regarding In Home Supportive Services (IHSS) medical accompaniment services.  Medical accompaniment is assistance necessary for the recipient to accomplish travel to and attend medical appointments.  ACL 17-42 states that accompaniment is only authorized when the recipient needs another IHSS service during transportation and/or at the destination.

CDSS is adding that the recipient is eligible for medical accompaniment services when the recipient cannot accomplish travel to a health care appointment or alternative resource site alone because of their disability and the presence of the IHSS provider would allow the recipient to accomplish the travel.  In this situation, the county can authorize accompaniment because the providers presence assists the recipient in accomplishing the travel.

Waiting time associated with the appointment should be authorized if the recipient continues to require the assistance of the provider to remain at the appointment.  If the recipient can attend the appointment without the provider, waiting time should only be authorized in accordance with ACL 16-01 and ACL 17-42.  (ACL 20-35, May 8, 2020.)

COVID-19 IHSS parent providers

The California Department of Social Services (CDSS) has issued guidance regarding redetermination of eligibility of a parent to be a paid In Home Supportive Services (IHSS) provider for their minor child during COVID-19.  In general, parents are allowed to be paid IHSS providers for their minor children if the parent has left full-time employment or is prevented from obtaining full-time employment because no other suitable provider is available and the child is at risk of inappropriate placement or inadequate care unless the parent provides services.  In a two-parent household where one parent is a paid IHSS provider for a minor child, if the second parent loses employment or is no longer attending school or vocational training, the second parent is considered a suitable provider.

Through June 30, 2020, counties cannot reduce IHSS hours for any reason, including that a reassessment results in a parent being found ineligible to be a paid provider.  After June 30, 2020, if the second parent continues to be able and available, they will be considered a suitable provider and the first parent will no longer be eligible to be a paid provider.  If by June 30, 2020, the second parent again becomes unable or unavailable to provide services, the eligibility of the first parent to be a paid provider will not change.

If a reassessment prior to June 30, 2020 determines that parents are no longer eligible to hire a non-parent provider for their minor children, that change cannot occur until after June 30, 2020.  (ACL 20-49, April 23, 2020.)