IHSS application processing and reassessments

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The California Department of Social Services (CDSS) reiterates the In Home Supportive Services (IHSS) requirements for processing applications, completing reassessment, and issuing Quality Improvement Actions Plans.  

Individuals have the right to apply for IHSS services or make an application through another person on their behalf. Counties are required to accept IHSS applications by telephone, by fax, or in person.  If the county has the capability, it must also accept applications online and by email. The applicant’s protected date of eligibility is the date the applicant requests services. Case Management, Information and Payrolling System (CMIPS) will automatically check for Medi-Cal eligibility. If the applicant is ineligible for Medi-Cal when they apply, they may be authorized services back to the protected date of eligibility. Prior to authorization of IHSS services, recipients must submit a Health Care Certification form (SOC 873) completed by a licensed health care professional, except when the recipient is at imminent risk of out of home placement.

People at imminent risk of out of home placement can be granted IHSS immediately, and be given 45 days to submit the health care certification, and can have up to 90 days for good cause.  

For purposes of monitoring counties’ compliance with application processing, CDSS will use the protected date of eligibility, and a 90-day timeframe to allow for the 45 days which may be necessary to complete the required Medi-Cal eligibility determination and the Health Care Certification form.

Counties must reassess individuals’ IHSS eligibility every year, and each time a recipient notifies the county of a change in circumstances. Counties should prioritize Communities First Choice Options (CFCO) annual reassessments because these recipients are typically most vulnerable. 

Although CDSS requires 100% compliance with reassessments, CDSS will issue a Quality Improvement Action Plan for counties that are below 90% compliance rate for CFCO recipients and an 80% compliance rate for all other recipients.  (ACIN I-58-21, June 14, 2021.)

Resuming work search requirement for Unemployment Insurance

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The Employment Development Department (EDD) is resuming the work search requirement for Unemployment Insurance starting July 11, 2021.  EDD will be sending notices to claimants to inform them that the work search requirement will be reinstated.

For Unemployment Insurance, reasonable efforts to search for suitable work will include preparing for job searches such as setting up an account on CalJOBS, expanding networks, applying for suitable work and participating in training.

For Pandemic Unemployment Assistance, the work search requirement can include rebuilding businesses, expanding networks, establishing accounts on platforms to advertise services, and participating in training.  Persons receiving Pandemic Unemployment Assistance who no longer want to continue self-employment, or were previously employed but not eligible for regular Unemployment Insurance benefits, can search for work like a regular Unemployment Insurance recipient.

If an employer furloughed or laid off workers during the pandemic, the Work Sharing Program can help bring these employees back at reduced hours. These employees can continue collecting the additional $300 per week in federal unemployment benefits, and a portion of their wages will be subsidized by the regular unemployment insurance benefits.  (EDD News Release 21-36, June 17, 2021.)

COVID-19 – extension of temporary emergency childcare services

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This California Department of Education has provided updated guidance on the extension of temporary Emergency Childcare services.  This guidance replaces Management Bulletin 20-14.  

Families currently enrolled in Emergency Childcare through California Alternative Payment Programs (CAPP) and California Migrant Alternative Payment Programs (CMAP) may have service extended through June 30, 2022. This extension does not require updated documentation. CAPP and CMAP can enroll new families for Emergency Childcare after all families who are currently enrolled have received an extension of services, and if they meet the eligibility requirements as specified in the Child Care and Development Services Act, Education Code section 8200. They will be enrolled in priority order, and eligibility will be determined with a self-certification process.

Families enrolled in emergency childcare must be assessed a family fee using the Fiscal Year 2020-21 Family Fee Schedule unless they are exempt from fees.  A monthly family fee is implemented based on several factors in the MB. Families who receive Child Protective Services or have been identified as at risk of abuse or neglect will be exempt from fees.

All eligible families enrolled in emergency childcare have priority for subsidized child care. Families transitioning to ongoing child care services are eligible for 12 months from ongoing child care certification. Contractors will give a letter or Notice of Action to notify families of their extended child care. They must also give families a written 30 day notice of discontinuation of child care.

Contractors will not be responsible for verifying self-certification forms or eligibility. At-risk families and families with essential workers are eligible for emergency childcare if they meet all of the requirements in the MB. (MB 21-08, April 29, 2021.)

Increase in CalWORKs resource limit

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Effective July 1, 2021, the maximum resource limit will increase by 2.11 percent to $10,211 for the CalWORKs, Refugee Cash Assistance, Entrant Cash Assistance, and Trafficking and Crime Victims Assistance Program. The new resource limit for Assistance Units that include at least one member who is aged 60 or older or disabled is $15,317. Subsequent increases to the resource limit will occur every January 1, beginning in 2023, if there is an increase to the California Necessities Index.  Restricted account rules will remain unchanged. (ACL 21-56, May 18, 2021.)

COVID-19 extension of emergency caregiver funding and foster care rate flexibilities

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Emergency caregivers with whom a child has been placed pending approval of the home as a Resource Family or Tribally Approved Home are eligible for emergency caregiver funding on behalf of the child for up to 120 days while the application is being processed.  On a case-by-case bases, emergency caregiver funding can be extended up to 365 days.  Effective April 16, 2021, through June 30, 2021, emergency caregiver funding can continue beyond 365 days because of delays in approval as a Resource Family or Tribally Approved home caused by COVID-19.  Between April 16, 2021 and June 30, 2021, counties cannot discontinue emergency care funding if approval exceeds 365 days because of COVID-19.

The California Department of Social Services has authorized a higher payment rate because of COVID-19 between April 17, 2021 and June 30, 2021.  The higher rate is available which the child or another member of the household requires isolation or quarantine because of COVID-19, and as a result there are increased supervision needs, or the child requires a new placement because of COVID-19.  The higher rate is available to emergency caregivers.

COVID-19 has impacted capacity for Short-Term Residential Therapeutic Program placements.  If COVID-19 has impacted the ability to received Short-Term Residential Therapeutic Program level of care, counties can negotiate a higher rate with Family Foster Agencies who are willing to accept a child assessed as needing short-term residential therapeutic program level of care and is able to provide individualized exceptional care, supervision, and services.  (ACL 21-60, May 21, 2021.)