Notice of the TRO in Beckwith v. Wagner. As a result, counties can only disqualify providers based on the crimes listed in Welfare & Institutions Code § 12305.81 (convicted or incarcerated within the last ten years for child abuse, elder abuse, or fraud). The TRO does not allow counties to inquire or deny based on “Other Felony Convictions” or “Serious Misdemeanors.” Counties need to stop using the enrollment forms, but are to continue the provider fingerprinting and criminal background check requirement. [Download]

Transmits a new (required) application form, to comport with the Budget cut changes to IHSS. It advises re: fraud and fingerprinting, etc. [Download]

Information on the new requirement for all providers to complete IHSS Provider Orientation. All prospective providers need to do the orientation (and other things) effective 11/1/09. Existing providers have until 6/30/09. The orientation “includes but is not limited to”: Orientation in consultation with the counties and include, but not be limited to, the following: 1) The requirements to be an IHSS provider; 2) A description of the IHSS program; 3) The rules, regulations, and provider-related processes and procedures, including timesheets; 4) The consequences of committing; and 5) The toll-free fraud hotline and internet web site for reporting suspected fraud or abuse. Counties already got a CD on the orientation with viewing instructions and handouts.

New providers must attend the Orientation Training on-site at the county or Public Authority and receive the handouts. Current providers may attend the on-site training or receive a copy of the CD-Rom for viewing at home or if they cannot view the CD at home, a copy of the Provider Guide when available.

Once the final ACL is released listing all of the crimes that bar IHSS providers, the list of criminal offenses will be added to the Provider Orientation hand outs. Counties are required to use the materials developed by CDSS, but may supplement the Orientation with county-specific information and/or directions. Following receipt of the Provider Orientation materials, counties must obtain a signed agreement from each provider stating that they understand and agree to the rules and requirements, and keep the signed form indefinitely. Counties must document that all providers have received the Orientation.

Provided there are no changes in the information that was reported, once an individual has been enrolled as a provider, it remains valid for a period of one year beyond the time that the individual stops providing services, provided that the county/PA has continued to receive the subsequent notices from the Department of Justice (DOJ). If an enrolled provider stops providing services for a period longer than one year or DOJ was directed to discontinue sending subsequent notices during the one year break in service, the person will be required to complete the Provider Orientation and enrollment forms and go through the standard county review process before he/she can be begin providing services again. [Download]

This ACL refers only to the existing IHSS Case Management, Information and Payrolling System (CMIPS) system. CMIPS II becomes effective November 1, 2009, with the exception of the enrollment requirements for existing providers. Existing providers have until June 30, 2010 to complete all of the new enrollment requirements. This ACL does not address policy issues or procedures. [Download]

The letter provides counties with instructions and information regarding the court injunction in V.L. et al., v. JOHN A. WAGNER. Prior to the court’s injunction, the Case Management, Information and Payrolling System (CMIPS) had been modified to implementABX4 4. Those changes to CMIPS must be reversed as soon as possible and, if possible, prior to November 1, 2009. EDS wanted 5 weeks to do the changes, so…

Counties must manually rescind the terminations and restore reduced hours; and
CDSS will notify recipients that their services will continue uninterrupted and at the same authorized hours. One little problem: the new CMIPS program PROHIBITED entering certain information (such as domestic services for Functional Index cases below 4). So, CDSS is fed ex’ing packets to counties to identify the cases and follow the procedures that are used when a reassessment is done.

Ready for the fun part? The TRO enjoined mailing the NOA terminating or reducing services; fixing the case will generate a notice that the benefits that were “erroneously” cut/terminated are being restored, BUT the counties are not to send the notice.

The STATE notice will tell folks that their services will continue uninterrupted. The notifications will be printed in English, Spanish, Armenian, Chinese, Vietnamese and Russian. Additionally, CDSS will include the Notice of Language Services (GEN 1365) that advises recipients in seventeen languages that if they do not understand the notification to call their county worker to have interpreter services provided to them at no cost.

Those DENIED must have their denials rescinded. Cases approved after 10/8/09 must be reviewed to make sure all the domestic and related services are provided.