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.)

The California Department of Social Services (CDSS) has issued information to counties about the two weeks of emergency paid sick leave in the Families First Coronavirus Response Act for In Home Supportive Services (IHSS) and Waiver Personal Care Services (WPCS) providers.  An IHSS or WPCS provider may request sick leave from April 2, 2020 until December 31, 2020 if the provider is unable to work because of one of six listed COVID-19 related reasons.

If the provider normally works 160 hours or more per month, they are entitled to 80 hours of COVID-19 sick leave.  If the provider works less than 160 hours per month, the county must calculate an average of monthly paid hours for the previous six months, and divide that by half to determine the number of hours of sick leave.  If the provider has less than six months of employment, the county uses the available employment history.  If the provider has less and two weeks of payroll history, counties will use the authorized hours for this calculation.

When a provider needs to take COVID-19 sick leave, they should contact the recipient and tell them they will be out sick and to advise them to contact the county, or for WPCS, the Department of Health Care Services, for assistance.  The provider should then complete the COVID-19 sick leave form, TEMP 3021.

CDSS will inform all IHSS and WPCS recipients and providers about COVID-19 sick leave by mailing two informational notices.  (ACL 20-40, April 14, 2020.)

The California Department of Social Services (CDSS) informs counties that personal protective equipment is being made available to In-Home Supportive Services (IHSS) Public Authority offices in each county to distribute to IHSS Providers who are taking care of individuals with suspect or confirmed COVID-19.  Each set of personal protective equipment will include a face mask and a pair of gloves.  (ACL 20-41, April 17, 2020.)

THIS ACL IS SUPERCEEDED.  SEE ACL 20-57, summarized here.

The California Department of Social Services (CDSS) is now allowing initial In Home Supportive Services (IHSS) assessment to be done by video call.  Counties must continue to do initial face-to-face assessments when appropriate.

Quality Assurance/Program Integrity home visits can be done in person or by video call during the COVID-19 emergency.  (ACL 20-42, April 16, 2020.)

The California Department of Social Services (CDSS) has issued guidance regarding administration of the In Home Supportive Services (IHSS) provider enrollment process and flexibility in authorization of hours and overtime violations because of COVID-19.  These guidelines are in place until June 30, 2020.

CDSS is temporarily waiving the requirements for providers to submit original documents verifying identity of the provider for enrollment, and for providers to attend orientation in person and sign the IHSS Provider Enrollment Form, SOC 846, in person.  The requirement for the county to get a completed and signed SOC 846 remains in effect.

Counties can ask that documentation verifying the provider’s identity be mailed to the county.  However, these documents do not need to be received by the county prior to enrolling the provider.

Counties may, with the agreement of labor unions, offer orientation to new providers remotely.  However, providers should be enrolled prior to completing remote orientation.

Counties should be flexible in adjusting weekly authorized service hours to ensure adequate and timely services during the State of Emergency.  Counties should adjust hours when alternative resources such as school or community-based serves that were previously used are no longer available.

When IHSS providers will incur overtime or travel time violations for performing services that are “in critical need” during the State of Emergency, CDSS will remove the violations until June 30, 2020.  (ACL 20-32, April 10, 2020.)

The California Department of Social Services (CDSS) has issued guidance regarding an exception to IHSS applicants submitting the SOC 873 Health Care Certification prior to authorization of IHSS services.

Counties can consider all new IHSS applicants who are unable to obtain a SOC 873 from their licensed heath care provider because of COVID-19 to be considered at imminent risk of out of home placement and therefore have good cause for not submitting the SOC 873 prior to authorization of services.  These applicants should have good cause to submit the SOC 873 up to 90 days from the date it is requested by county.  Counties may authorize IHSS services pending receipt of the SOC 873 for 90 days from the date of the county request for applicants who meet all eligibility requirements.  (ACIN I-28-20, March 30, 2020.)