COVID-19 sick leave for IHSS providers

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.)

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 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.

COVID-19 IHSS initial assessments

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.)

COVID-19 IHSS provider enrollment and hours flexibility

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.)

COVID-19 IHSS submission of SOC 873 during COVID-19 response

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.)

COVID-19 IHSS social worker overtime and outreach

The California Department of Social Services (CDSS) has issued guidance regarding social worker outreach and overtime.  CDSS will augment IHSS administrative fund to support social worker overtime.  Social workers’ primary work during overtime should be initial face-to-face assessment, answering and returning phone calls, assessments because of a change in condition or circumstances that would increase hours and assistance with provider enrollment.

In addition, IHSS and Adult Protective Services social workers should identify and outreach to program recipients who may need additional support during the COVID-19 emergency.  Counties should prioritize recipients who are most at-risk for outreach.  For example, recipients who are over 80 years old, living alone, or do not have an active provider can be prioritized.  Counties will receive funding for these activities.  (ACL 20-30, March 30, 2020.)