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New IHSS Rules July 1, 2023

"Electronic Visit Verification (EVV) for Recipients and Providers: (click source link below) "EVV is a federal law that requires electronic record of certain information about the IHSS and/or WPCS services performed. There are upcoming changes for non-live-in IHSS and WPCS providers beginning July 1, 2023. Beginning July 1, 2023, all IHSS and WPCS providers who do not live with their recipient are required to check-in and out at the beginning and end of each workday and indicate if services are being provided in the home or community. Non-Live-in Providers are able to check-in and out using either the new IHSS EVV Mobile Application (App), the Electronic Services Portal (ESP), or the Telephone Timesheet System (TTS) using the recipient’s landline telephone. Check-in, check-out and location information will populate on the provider’s electronic timesheet automatically, saving time for providers when submitting timesheets at the end of the pay period. There are no penalties for providers for making corrections to their check-in, check-out and location information on their timesheet. Providers are able to make corrections before submitting their electronic timesheet to their recipient for approval just like they do today. There are no changes for providers that live with their recipient. Live-in providers will continue to complete and submit their electronic timesheet to their recipient for approval the same way they do today. There are no changes for recipients. Recipients will continue to review and approve their provider’s electronic timesheets the same as today.

The EVV requirements do not change how recipient services are authorized or how recipient's receive their services.

EVV Live Webinars The Adult Programs Division will be conducting EVV Location Services provider training webinar sessions beginning in April 2023, to demonstrate how non-live-in providers will use the IHSS EVV Mobile App & ESP, and the TTS to check-in and out beginning July 1, 2023. Please click the link to the schedule below for the upcoming IHSS EVV Location Services Webinar schedule. To participate in the webinar, on the day of your choice, click the link listed on the schedule to join the session.

Training webinars will continue throughout the year and the schedule will be updated. Electronic Visit Verification Webinar schedule Electronic Visit Verification Location Check-In Check-Out ESP EVV Mobile App Overview

Translation: 

 

IHSS Source: https://www.cdss.ca.gov/inforesources/cdss-programs/ihss/evvhelp/fbclid/iwar1kkvwkjlalqjnmzdri6vptlz7zslpxiue0peiftxgcsiae05bcuw0wdp0#:~:text=Beginning%20July%201%2C%202023%2C%20all,in%20the%20home%20or%20community

DRC Position on Electronic Visit Verification (EVV)

Dec 12, 2020
 

Electronic Visit Verification (EVV)- Update February 2023

Beginning July 1, 2023, providers must check in and out at the beginning and ending of each shift in real time. Providers will have three ways to check-in:

(1) via smartphone using a mobile application,
(2) online using the Electronic Services Portal, or
(3) through a landline phone using the Telephone Timesheet System.

Live-in providers are exempt from this requirement. Geo-location will not be collected throughout the day or when a provider identifies as being in “the community” when they check in or out. Providers can correct entries all the way up to when they submit their timesheet. There are no penalties for making an error. 


The timeline and important dates for EVV implementation are below. 

  • Initial Outreach Notices to Impacted Providers: January 2023 

  • Provider Focus Groups: January/February 2023 

  • Public Stakeholder Update: March 2023 

  • Provider Trainings: March – June 2023 

  • Statewide Implementation: July 1, 2023
     

For additional information and updates, visit the CDSS EVV webpage: http://www.cdss.ca.gov/inforesources/IHSS/EVV. Providers and recipients with concerns about EVV implementation are encouraged to participate in the stakeholder process. Email EVV@dss.ca.gov to be added the State’s EVV Distribution List or submit EVV-related questions. 
 

Electronic Visit Verification (EVV)- Update December 2020

During 2019, in collaboration with Disability Rights California (DRC) and other advocates, the California Department of Social Services (CDSS) developed an Electronic Visit Verification (EVV) solution utilizing CDSS’ existing Electronic Timesheet System (ETS).1 The Federal Government, through CMS (Centers for Medicare & Medicaid Services) initially indicated that this method would meet the EVV requirements in the CURES Act. Unfortunately, CDSS received word from CMS that they had changed their position and that CMS no longer approves the use of the Electronic Timesheet System to meet EVV requirements. DRC shares the disappointment felt by many, including consumers, providers, and CDSS, regarding the change in position by CMS. We encourage CDSS to seek options for challenging CMS’ decision to withdraw approval of California’s use of the ETS at the federal level, particularly given the change in administration, and remain committed to working with CDSS and the IHSS community to ensure that California is able to meet the EVV requirements in the least burdensome and least intrusive manner possible, in keeping with the principles and legacy of the United States Supreme Court’s Olmstead decision.
 

What is it?

Electronic Visit Verification (EVV) is a technology system used to verify electronically that a caregiver provides services for a client.
 

Why am I hearing about it now?

The 21st Century CURES Act, federal legislation signed into law in December 2016, includes a provision that requires that all states implement EVV for Medicaid-funded personal care services. This law, set forth in Subsection I of Section 1903 of the Social Security Act (42 U.S.C. 1396b), outlines the requirements that states must meet, but offers little guidance on the method for doing so.
 

When will it take effect?

For Medicaid-funded personal care services, including In-Home Supportive Services (IHSS), the requirement takes effect January 2019. For home health services, the requirement takes effect January 2023.
 

What services will be impacted?

According to the California Department of Social Services (CDSS), the following programs will be impacted:
 

Four programs collectively known as the In-Home Supportive Services (IHSS) Program:

  1. Personal Care Services Program (PCSP)

  2. IHSS Plus Option (IPO)

  3. Community First Choice Option (CFCO)

  4. IHSS Residual (IHSS-R)
     

Impacted Home and Community Based Services programs include:

  1. Home and Community-Based Alternatives (HCBA) Waiver

  2. In-Home Operation (IHO)

  3. Assisted Living Waiver (ALW)

  4. Pediatric Palliative Care Waiver (PPCW)

  5. HIV/AIDS Waiver

  6. HCBS Waiver for Californians with Developmental Disabilities

  7. 1915(i) State Plan Amendment for Californians with Developmental Disabilities

  8. Multipurpose Senior Services Program (MSSP)
     

The State of California is still evaluating the impact of the EVV requirement to managed care plans like Senior Care Action Network (SCAN) and the Program of All-Inclusive Care for the Elderly (PACE).
 

How will EVV be implemented in California?

To date, we have little information about how, and exactly when, EVV will be implemented in California. The State is in the process of gathering information from potential vendors regarding available technology and the State is waiting on guidance from the federal Centers for Medicare and Medicaid Services (CMS) regarding prescribed solutions. The law outlines what the EVV systems must be able to verify, but provides little guidance on the level of specificity or detail required, leaving states with a great deal of freedom to implement their own design.

EVV systems must verify:

  1. Type of service performed;

  2. Individual receiving the service;

  3. Date of the service;

  4. Location of service delivery;

  5. Individual providing the services; and

  6. Time the service begins and ends.
     

What is DRC's position on EVV and how are we involved in the process?

DRC believes that people with disabilities have the right to receive services in the most integrated setting possible, in a manner that maximizes their personal autonomy and independence. We are mindful of the potential for EVV to infringe on that principle and our legal advocacy and legislative units are prepared to engage our efforts to protect the rights of our clients. DRC is actively involved in the State's ongoing stakeholder engagement process and will work to ensure that when implemented, EVV is minimally burdensome on IHSS recipients and does not violate the legal rights of Californians with disabilities.

DRC also believes that personal assistance programs should insure the involvement of people with disabilities and their family members in deciding program policy and should have a mechanism for effective communication. To that end, we encourage you to share your thoughts and concerns about EVV through participation in the State's stakeholder engagement process.
 

 

"Serie de Capacitación de Hojas de Horas de IHSS
Información general de la hoja de tiempo

Los módulos de aprendizaje que se enumeran a continuación brindan información para proveedores y destinatarios sobre cómo completar la hoja de tiempo en papel de IHSS y configurar el depósito directo para los pagos.

También hay disponible asistencia y capacitación gratuitas en las oficinas locales de IHSS del condado sobre estos temas.

Lección 1 : Capacitación en hojas de tiempo en papel
Lección 2 - Depósito Directo
Infracciones de la hoja de tiempo

Información general
Los módulos de aprendizaje que se enumeran a continuación brindan información para proveedores y destinatarios sobre las causas de las infracciones.

También hay disponible asistencia y capacitación gratuitas en las oficinas locales de IHSS del condado sobre estos temas.

Lección 1 - Infracción de horas extra semanales
Lección 2 - Infracción de horas extra mensuales
Lección 3 – Infracción del límite semanal de 66 horas
Lección 4 – Violación del tiempo de viaje
enlaces rápidos

Obtener Servicios IHSS
Oficinas de IHSS del condado
Oficinas de Medi-Cal
Autoridad Pública del Condado
Destinatarios de IHSS:
Capacitación/información de IHSS: hojas informativas y videos educativos

Proveedores de IHSS:
Cómo convertirse en un proveedor de IHSS
Cómo apelar si se le niega
Recursos para proveedores de IHSS

Problemas/preguntas de la hoja de tiempo de IHSS:
Mesa de servicio de IHSS para proveedores y beneficiarios, (866) 376-7066

¿Sospechas de fraude?
Línea directa de fraude de IHSS: 888-717-8302
Ayude a detener el fraude y el abuso de Medi-Cal
Línea de quejas de fraude de proveedores y abuso de ancianos:
1-(800)-722-0432

Obtener Servicios APS
Oficinas APS del condado

Obtener Servicios CAPI"

https://www.cdss.ca.gov/inforesources/ihss/ihss-providers/resources/timesheettraining/fbclid/iwar0hqhwanqgqmjnaylrjgdhrqlhlsaj5j8zotuerarqcmfhqvbcwzfisiy4

 

FLSA LAW ADDITIONAL HOURS and Pay for all IHSS Providers as Qualified  

 

IHSS JUSTICE

2275 IHSS Travel Timesheet 2
Estimated pay if max hours claimed:
$15 x 9 hours = $135
x 4 weeks = $540 per month
x 12 months = $6,480 annually!
x 8 years = $51,840  

+ Overtime
1/2 more pay
      $25,920
+ $$51,840  
=   $77,760

IHSS would have to pay $77,760 in back pay, unpaid retroactive FLSA law additional hours. 

(Your wait time claim pay amounts may vary due to hourly rates of pay, raises, and qualified hours. This is an estimate of the highest possible claims of up to 9 additional wait time hours weekly.)

WE WON! IHSS PROVIDERS AND RECIPIENTS WON Wait Travel Overtime ADDITIONAL hours!

IHSS and union lost the lawsuit fighting against WAIT TIME TRAVEL and OVERTIME.

SHARING WAIT TRAVEL OVERTIME ADDITIONAL IHSS FLSA LAW PAY - "January 7, 2016

ALL COUNTY LETTER 16-01

TO: ALL COUNTY WELFARE DIRECTORS

IHSS PROGRAM MANAGERS

SUBJECT: REINSTATEMENT OF IMPLEMENTATION OF PROVISIONS OF

SENATE BILLS 855 AND 873 (CHAPTERS 29 AND 685, STATUTES OF 2014) RELATING TO THE IHSS AND WAIVER PERSONAL CARE SERVICES

PROGRAMS REFERENCE: HOME CARE ASSOCIATION OF AMERICA V. DAVID WEIL

(AUGUST 21, 2015) 799 F.3d 1084; HOME CARE ASSOCIATION OF AMERICA V. DAVID WEIL (DECEMBER 22, 2014) 76 F. Supp. Ed 128; HOME CARE ASSOCIATION OF AMERICA V. DAVID WEIL (JANUARY 14, 2015) 78 F. Supp. 3d 123; ACL 12-19 (APRIL 11, 2012); ACL 12-55 (NOVEMBER 1, 2012); ACL 14-76 (OCTOBER 8, 2014); ACL 14-82 (NOVEMBER 25, 2014); ACL 14-102 (DECEMBER 31, 2014); ACIN I-73-14 (JANUARY 5,

2015); ACL 15-10 (JANUARY 23, 2015); ACL 15-97 (DECEMBER 1, 2015); SENATE BILLS 855 AND 873;

This All-County Letter (ACL) provides counties with information and instructions for

implementing the provisions of Senate Bill (SB) 855 and SB 873 that established limits

on the number of authorized hours providers in the In-Home Supportive Services (IHSS)

and Waiver Personal Care Services (WPCS) programs are permitted to work in a

workweek.

In addition, it provides information and instructions for implementing policies

requiring that IHSS and WPCS providers receive compensation for travel time and wait

time under certain circumstances.

Finally, this ACL transmits new and revised forms

and notices to be used by counties in the implementation of the provider workweek

limits and travel time compensation policies.

The information provided in this ACL supersedes the information contained in

ACL 14-76 (October 8, 2014) and ACL 15-10 (January 23, 2015)."

ACL 16-01

Page Two

BACKGROUND

On October 1, 2013, the United States Department of Labor (DOL) published the Final

Rule on the Application of the Fair Labor Standards Act (FLSA) to Domestic Service

(RIN 1235-AA05). The Final Rule extends the protections of the FLSA to domestic

service workers by effectively removing the ability of “third party” agencies to claim an

exemption for personal care workers from minimum wage and overtime pay as

providers of “companionship services” or as live-in providers. In addition, the federal

rules relating to pay for travel time under FLSA are made applicable to IHSS providers,

including compensation for providers traveling between multiple recipients, and the

federal rules relating to pay for wait time in certain circumstances under FLSA are made

applicable to IHSS providers whose recipients are authorized for medical

accompaniment services. The Final Rule was scheduled to go into effect on

January 1, 2015.

In response to the new federal regulations, two bills, SB 855 and SB 873, were

chaptered in California on June 20, 2014, and September 27, 2014, respectively.

These bills relate to overtime and travel time compensation for IHSS providers. The

provisions of these bills are documented in ACL 14-76 (October 8, 2014).

On December 22, 2014 and January 14, 2015, the United States District Court for the

District of Columbia vacated the Final Rule insofar as it 1) precluded third-party

employers from claiming applicable wage and overtime exemptions for services

provided by live-in providers and employees performing companionship services and 2)

revised the definition of companionship services (Home Care Association of America v.

David Weil (2014) 76 F. Supp. 3d 128 and Home Care Association of America v. David

Weil (2015) 78 F. Supp. 3d 123). As a result of the District Court’s decision, on January 15, 2015, California Department of Social Services (CDSS) announced a halt to the implementation of the changes related to workweek, overtime, and travel time requirements for all IHSS providers which had been initially scheduled to go into effect

on January 1, 2015, pursuant to the requirements of SB 855 and SB 873.

On August 21, 2015, the Appellate Court for the District of Columbia Circuit reversed

the District Court’s decisions (Home Care Association of America v. David Weil (2015)

799 F. 3d 1084).

This decision effectively reinstated the final rule described above adopted by DOL. As a result of this reversal, CDSS is reinstating implementation of the workweek, overtime, and travel time requirements for IHSS providers in the State of

California.

On November 6, 2015, the State announced that the payment of overtime, travel time,

and wait time compensation to providers of IHSS and WPCS would be implemented as

of February 1, 2016. On November 19, 2015, the NAHC filed a Writ of Certiorari with

the U.S. Supreme Court to request the Court to review the appeal.

WE WON! IHSS PROVIDERS AND RECIPIENTS WON Wait Travel Overtime ADDITIONAL hours!

IHSS and union lost the lawsuit fighting against WAIT TIME TRAVEL and OVERTIME.

IHSS Provider Wait and Travel Times Jul 2, 2018#5607.01
Print this Publication 1. Can I receive IHSS hours for my provider to take me to doctors’ appointments?

 

Yes, this is called “accompaniment to medical appointments.”  Medical accompaniment to “health care appointments” (e.g. medical appointment at a doctor’s office, dentist and to other health practitioners) is an IHSS service certain IHSS recipients can receive.  Medical accompaniment can be authorized when a recipient needs another IHSS service in order to get to and from a medical appointment or alternative resource, and/or at their destination.1  For example, if a recipient has been authorized for accompaniment to medical appointments, the provider can also be paid to help the IHSS recipient travel to and from medical appointments.

Examples of help with travel includes things like helping a recipient get in and out of a vehicle, getting properly seated, and using seat belts.  To get authorized for medical accompaniment, you should tell your IHSS social worker that you have a medical appointment and that you need your IHSS provider’s assistance to get to the medical appointment.  The IHSS social worker will then assess your need for assistance in getting to and from medical appointments.2   IHSS care providers are not required to use their own vehicle to transport recipients to and from a medical appointment.  However, an IHSS recipient can pay their care provider for the use of their vehicle to transport the recipient to and from the recipient’s medical appointments.
 

2. Can an IHSS provider get paid for time spent waiting at an IHSS recipient’s doctor’s appointment?

 

Yes.  As of February 1, 2016, providers can receive payment for time spent waiting at medical appointments.  In order to be paid for waiting at a medical appointment, the provider has to show that while they are at a recipient’s medical appointment, they cannot leave because they cannot predict how long the recipient’s appointment will take.  An example would be when a provider takes a recipient to a medical appointment and the provider has to wait at the medical office because, at any moment, they may have to take the recipient home.  This means the provider is “engaged to wait” or “Wait Time —On Duty.”

When a recipient is authorized for medical accompaniment, if all the following conditions are met, then the provider will be considered “Wait Time —Off Duty” (which means they will not be paid for any time spent waiting for the recipient):

  1. The amount of time the appointment will take is known in advance which would allow the provider plenty of notice that they will not be needed to provide services during that time and which can then be used for their own purposes;

  2. The appointment is scheduled to last enough time for the provider to conduct personal business; and

  3. The provider is not required to perform any other authorized service, e.g., food shopping, other shopping/errands, during the appointment time.
     

If all the above conditions are met, then the recipient must tell the provider that they do not have to work until a specified time when they must return to accompany the recipient home.  The provider will not be paid for this time.  If all the above conditions are NOT met, the provider is considered to have “Wait Time —On Duty,” and they must be paid for the time they spend waiting for the recipient.

You can find more information on wait times in All County Letter No. 16-01.3
 

3. What if I need my provider to take me to an alternative resource?  Can they still get paid to wait for me?

 

Individuals can receive transportation to a site where alternative resources provide in-home supportive services to the recipient in lieu of IHSS. 4  In general, for individuals who receive time for medical accompaniment to an alternative resource, the time an IHSS provider is waiting would not to be compensable because recipients are usually dropped off and picked up at a certain time.  Normally, a provider cannot be paid for the wait time associated with accompaniment to alternative resource sites because the provider can effectively use that time for their own purposes and it is considered Wait Time Off-Duty.5  However, in order to determine whether wait time is paid, the social worker must determine whether or not a provider is using “Wait Time-On Duty” or if the provider is using “Wait Time-Off Duty.”6
 

4. Can a minor receive IHSS hours for accompaniment to doctors’ appointments?

 

There are special requirements to get medical accompaniment authorized for minor recipients.  Medical accompaniment for minors can only be authorized if the minor recipient has an “assessed extraordinary need,” the appointment is for a specialist, and the minor recipient has a need for an authorized IHSS task to be performed during travel to or from the appointment.

To get medical accompaniment and associated wait times authorized for a minor recipient, each of the three following conditions must be met:

  1. The minor recipient must have an assessed extraordinary need.  An extraordinary need is a need that is based on the functional impairment due to the minor’s disability and the need is beyond what would normally be expected for a minor of the same age without the functional impairment.

  2. The appointment(s) must be with a physician or other licensed health care professional in a specialty care discipline and the appointment must be related to the minor’s disability or functional impairment.  Medical Accompaniment may not be authorized for routine appointments with the minor recipient’s pediatrician or primary care physician, such as well-baby/child visits, annual check-ups, immunizations, visits related to common childhood illnesses/injuries, etc.

  3. The minor recipient must have a need for an authorized IHSS task(s) during travel to and/or from the appointment, or at the appointment.

The guidelines for authorizing wait time for adult recipients are not applied in minor recipient cases.  This is because a parent is typically expected to be present during a child’s medical appointment so that they can participate in a discussion with the medical professional about the child’s health and make decisions about treatment and care.  The social worker should include the wait time in the authorization of hours.  You can find more information and examples in All County Letter No. 17-42.

5. Can an IHSS provider get paid for travel time between recipients?

 

Yes.  IHSS providers can be paid for travel time.  Travel time is the time it takes a provider to travel directly from the location where they care for a recipient to another location to provide services for a different recipient on the same day.  However, a provider cannot get paid for the travel time to and from his or her home to any IHSS recipient’s location.  In addition, providers can only be reimbursed for 7 hours of travel time per week.7

Providers who have multiple recipients should contact the county in order to complete form SOC 2255 and submit it to the IHSS office.  This form must be completed in order for the provider to be compensated for their travel time.

 

Disclaimer: This publication is legal information only and is not legal advice about your individual situation. It is current as of the date posted. We try to update our materials regularly. However, laws are regularly changing. If you want to make sure the law has not changed, contact DRC or another legal office.

  • 1.See Welfare and Institutions Code § 12300(b), and Manual of Policies and Procedures (MPP) Section 30-780.1(b)(5)(A)-(B)).

  • 2.See MPP Section 30-757.15

  • 3.All County Letter No. 16-01, dated January 7, 2016, is available online at this link for the PDF.

  • 4.MPP Section 30-757.154.

  • 5.See All County Letter No. 17-42, dated June 23, 2017, available online at this link; see also All County Letter No. 14-82, dated November 25, 2017, available online at this link for the PDF.

  • 6.For more information, see ACL No. 17-42, available online at this link, and ACL No. 14-82, available online at this link for the PDF.

  • 7.Information on travel time is here: link to the PDF on Travel Time for In-Home Supportive Services providers from the CA Department of Social Services website.


 

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Travel Guide Travel and per diem reimbursement rates for contractors. California State Travel Program Expense Reimbursement
 

January 2022

Rates, time frames, and requirements in this pamphlet are applicable to all non-represented (excluded/exempt) State contractors.

Conditions of Travel

Lodging, meal, and incidental expenses are allowed while traveling on official state business only when the contractor is traveling farther than 50 miles from their home or headquarters, whichever is closer, to the temporary work site. On rare occasions, specific traveling circumstances may exist which require special exceptions, such as:

  • If there is a business need to incur lodging, meal, and incidental expenses within 50 miles of the traveler's home or headquarters (whichever is closer), to the temporary work site when conditions would not normally allow for it; requires advance approval.

  • The inability to reserve a hotel at the state rate Lodging Reimbursement; requires advance approval.

Lodging is permissible (supported by a receipt) when State business requires an overnight stay and the contractor uses a good, moderately priced commercial lodging establishment (hotel, motel, bed and breakfast or public campground) that caters to the short-term traveler; and, for day trips of less than 24 hours.

Allowable Lodging Rates (effective July 1, 2022)

CountyRate

All California counties (except as noted below)$90

Sacramento, Napa, Riverside$95

Marin$110

Los Angeles, Orange, Ventura, & Edwards AFB (Less City of Santa Monica)$120

Monterey, San Diego$125

Alameda, San Mateo, Santa Clara$140

City of Santa Monica$150

San Francisco$250

  • When making a room reservation, request a confirmation number that can later be provided when checking in. 

  • In order to be reimbursed up to the allowable state lodging rate, contractors must receive a zero balance receipt from the lodging establishment.

 

Meal and Incidental Reimbursement Rates (24-hr period)

Full meals included in airfare, hotel, and conference fees, or otherwise provided may not be claimed for reimbursement. Also, the same meal may not be claimed more than once on any date. Continental breakfasts of rolls, coffee, and/or juice are not considered full meals. Retain all meal receipts for audit by the state or the Internal Revenue Service.

  • Breakfast: Actual expense up to $7.00

  • Lunch: Actual expense up to $11.00

  • Dinner: Actual expense up to $23.00

  • Incidentals: Actual expense up to $5.00

Travel Timeframes for Meal Reimbursement

First Day - Trip of More than 24 Hours:

  • Trip begins at or before 6 a.m.: May claim breakfast.

  • Trip begins at or before 11 a.m.: May claim lunch.

  • Trip begins at or before 5 p.m.: May claim dinner.

Fractional Day - After 24 Hours of Travel:

  • Trip ends at or after 8 a.m.:  May claim breakfast.

  • Trip ends at or after 2 p.m.:  May claim lunch.

  • Trip ends at or after 7 p.m.:  May claim dinner.

Fractional Day - Trip of Less than 24 Hours:

  • Trip must begin at or before 6 a.m. and end at or after 9 a.m. in order to claim breakfast.

  • Trip must begin at or before 4 p.m. and end at or after 7 p.m. in order to claim dinner.

  • No lunch or incidentals may be claimed. If there is no overnight stay, these meals are taxable.

Conferences and Conventions

Lodging must be at the state rate unless the conference lodging rooms are contracted by the sponsors of the event.

Out-of-State Travel
  • Lodging with receipt: Actual expense (subject to CDE approval).

  • Meals and incidentals: Same rates/requirements as in-state reimbursement.

Out-of-Country Travel
  • Lodging with receipt: Actual expense (subject to CDE approval).

  • Meals and incidentals: As published by the U.S. Government for dates and places traveled.

Mileage Reimbursement Rates

Reimbursement of transportation expenses is only for the method of transportation (plane, auto, train, etc.) that is in the best interest of the State, considering both cost and time.

  • All privately-owned vehicle mileage driven on State business is subject to approval in advance.

  • The mileage reimbursement rates (effective January 1, 2020) below are considered full reimbursement for all costs related to the operation and maintenance of the personal vehicle, including insurance:

    • Automobile: 58.5 cents per mile

  • If dropped off and picked up at a common carrier and no parking expense is claimed, the contractor may claim mileage to and from the common carrier twice (for round trip).

Receipts

Original receipts are required for:

  • Airline and rental cars (direct charge).

  • Lodging expenses.

  • Gas for rental cars.

  • Street car, ferry fares, bridge and road tolls, local transit, taxi, shuttle, hotel bus, and parking over $10.

  • Legal, business, or any other expenses.
     

https://www.cdss.ca.gov/inforesources/child-care-and-development/contractor-resources/travel-guide

IHSS OVERTIME HOUR CAP EXEMPTIONS:

MHANA MASON·SATURDAY, DECEMBER 22, 2018·

OVERTIME HOUR CAP EXEMPTIONS:

Work up 90 hours per workweek, not to exceed 360 hours per month:

http://www.cdss.ca.gov/inforesources/IHSS-Overtime-Exemption-2?fbclid=IwAR1YNSugw2u3UnZwy4FoCKSzkeXEOVO1jxLneH536cTZoWWdOwdI-7ZTAuw

CDSS Programs IHSS Overtime Exemption 2

In-Home Supportive Services (IHSS) Exemptions for Provider Violations

 

As required under State statutes, the maximum number of hours an IHSS or WPCS provider may work in a workweek for all the time he/she works for two or more recipients is 66 hours. To ensure continuity of care and to allow IHSS recipients to remain safely in their homes, CDSS established exemptions for limited, specific circumstances that allow the maximum weekly hours to be exceeded.

Exemption 1: Live-In Family Care Providers
IHSS providers who met the following requirements on or before January 31, 2016 may provide services to two or more live-in family member recipients and work up 90 hours per workweek, not to exceed 360 hours per month:

  • The IHSS provider works for two or more IHSS recipients; and

  • The IHSS provider lives in the same home as all the IHSS recipients for whom he/she provides services; and

  • The IHSS provider is related to all the IHSS recipients for whom he/she provides services, as his/her parent, adoptive parent, step-parent, grandparent or legal guardian. Recipients whose providers qualify for this exemption and work the maximum monthly 360 hours must hire additional IHSS providers as necessary to provide any remaining authorized IHSS.

Exemption 2: Extraordinary Circumstances Exemption
The CDSS developed the Extraordinary Circumstances Exemption for providers who serve two or more recipients who meet one or more of the conditions listed in the attachment to allow them to work up to 360 hours per month, up to 90 hours per week combined for all recipients, and not receive a workweek violation. In order to be approved for Exemption 2 at least one of 3 of the criteria must be met:

  • Criteria A: Have complex medical and/or behavioral needs that must be met by a provider who lives in the same home as the recipient.

  • Criteria B: Live in a rural or remote area where available providers are limited and as a result the recipient is unable to hire another provider.

  • Criteria C: Be unable to hire a provider who speaks his/her same language in order to direct his/her own care.

Under Criteria A, the IHSS provider must live in the same home as the recipient(s) applying for Exemption 2 under this condition.

Under Criteria B and C, the IHSS provider is not required to live in the same home as the recipient(s) applying for Exemption 2 under these conditions.

The request for Exemption 2 can only be made by the IHSS County Social Worker to CDSS on behalf of the IHSS recipients and their IHSS provider once all options to hire another provider have been explored and exhausted by the IHSS recipients (with county assistance as needed). The IHSS recipients are required to work with their IHSS County Social Worker to determine if their situation meets the extraordinary circumstances criteria, and if so the IHSS County Social Worker may submit an Exemption 2 referral to CDSS for review and determination.

If you think you may qualify for Exemption 2, the recipient or provider may reach out to the social worker (write for best results) to determine if they meet the Exemption 2 criteria. Please be advised, however, that Exemption 2 is intended for very limited, extraordinary circumstances. Prior to making a referral to the state, the county social worker will need to determine if the recipient meets at least one of the above criteria and has attempted to find and hire another provider. The county social worker may present options for finding a new provider and then document the outcome of those efforts. Exemption 2 referrals may only be completed by the county social worker. CDSS will then review the referral and determine eligibility based on the information and justification provided by the county.”


OVERTIME HOUR CAP EXEMPTIONS: Source CDSS Website:
http://www.cdss.ca.gov/inforesources/IHSS-Overtime-Exemption-2?fbclid=IwAR1YNSugw2u3UnZwy4FoCKSzkeXEOVO1jxLneH536cTZoWWdOwdI-7ZTAuw

MODIFICATIONS TO IN-HOME SUPPORTIVE SERVICES (IHSS) TIMESHEETS TO ACCOMMODATE IHSS AND WAIVER PERSONAL CARE SERVICES (WPCS) OVERTIME AND TRAVEL TIME COMPENSATION RELATING TO IMPLEMENTATION OF PROVISIONS OF SENATE BILLS 855 AND 873: http://www.cdss.ca.gov/lettersnotices/EntRes/getinfo/acin/2016/I-20_16.pdf

Translated Forms and Publications
www.cdss.ca.gov/inforesources/Translated-Forms-and-Publications

2018 All County Information Notices
http://www.cdss.ca.gov/inforesources/Forms-Brochures/Forms-Alphabetic-List/Q-T

2017 All County Information Notices
http://www.cdss.ca.gov/inforesources/2017-All-County-Information-Notices

2016 All County Information Notices
http://www.cdss.ca.gov/inforesources/Letters-Regulations/Letters-and-Notices/All-County-Information-Notices/2016-All-County-Information-Notices

2015 All County Information Notices
http://www.cdss.ca.gov/inforesources/Letters-Regulations/Letters-and-Notices/All-County-Information-Notices/2015-All-County-Information-Notices

2014 All County Information Notices
http://www.cdss.ca.gov/inforesources/Letters-Regulations/Letters-and-Notices/All-County-Information-Notices/2014-All-County-Information-Notices

All Notices: http://www.cdss.ca.gov/inforesources/Letters-Regulations/Letters-and-Notices/All-County-Information-Notices

_________________

Overtime Hour Caps #2
http://www.cdss.ca.gov/inforesources/IHSS-Overtime-Exemption-2

TEMP 3007 1/16/16 OVERTIME HOUR CAP EXCEPTIONS (GOOD NEWS FOR MANY!)

 

TO: IN-HOME SUPPORTIVE SERVICES (IHSS) RECIPIENT https://www.youtube.com/watch?v=eVK7sl_SdSw

 

Provider Version Overtime TEMP 3001 11/15 https://www.facebook.com/media/set/?set=a.939608106120258.1073741871.242629215818154&type=3

 

Recipient Version OVERTIME CDSS TEMP 3002 11/15 https://www.facebook.com/media/set/?set=a.942026272545108.1073741872.242629215818154&type=3

SOC 2271 11/15 https://www.facebook.com/media/set/?set=a.943406549073747.1073741874.242629215818154&type=3

DECEMBER 19, 2014 ALL COUNTY LETTER 14-103

TO: ALL COUNTY WELFARE DIRECTORS
ALL IHSS PROGRAM MANAGERS

SUBJECT: IMPLEMENTATION OF NEW TIMESHEETS TO ACCOMMODATE IN HOME SUPPORTIVE SERVICES (IHSS) AND WAIVER PERSONAL CARE SERVICES (WPCS) OVERTIME AND TRAVEL TIME COMPENSATION

WAIT TIME FORM https://www.facebook.com/IHSS.CA/photos/a.256758217738587/1907813399299719/?type=3&theater

OVERTIME RULES Disability Rights California (DRC) https://www.facebook.com/media/set/?set=a.927612280653174.1073741866.242629215818154&type=3

Nearly all providers qualify for up to 9 hours a week and back pay! In addition to max hours. 100%, success rate if qualified and you use formal methods shared inside this post. Are you getting paid "Wait time", for waiting for your recipient, while in the waiting room, during Dr. and Therapy appointments?https://www.facebook.com/IHSS.CA/photos/a.256758217738587.60703.242629215818154/1305593746188357/?type=3&theater

This form mentions Travel Time to Drs, and Wait Time aka IHSS Medication and Physician Form 12-21-C HHSA (03/16) https://www.facebook.com/IHSS.CA/photos/a.256758217738587/1907813399299719/?type=3&theater

Travel Time Pay Law: https://www.facebook.com/pg/IHSS.CA/photos/?tab=album&album_id=1611491052265290

More Handy Links from CDSS.

In-Home Supportive Services (IHSS) Exemptions for Provider Violations 

 

As required under State statutes, the maximum number of hours an IHSS or WPCS provider may work in a workweek for all the time he/she works for two or more recipients is 66 hours. To ensure continuity of care and to allow IHSS recipients to remain safely in their homes, CDSS established exemptions for limited, specific circumstances that allow the maximum weekly hours to be exceeded.    

Exemption 1: Live-In Family Care Providers

 

IHSS providers who met the following requirements on or before January 31, 2016 may provide services to two or more live-in family member recipients and work up 90 hours per workweek, not to exceed 360 hours per month:

  • The IHSS provider works for two or more IHSS recipients; and

  • The IHSS provider lives in the same home as all the IHSS recipients for whom he/she provides services; and

  • The IHSS provider is related to all the IHSS recipients for whom he/she provides services, as his/her parent, adoptive parent, step-parent, grandparent or legal guardian. Recipients whose providers qualify for this exemption and work the maximum monthly 360 hours must hire additional IHSS providers as necessary to provide any remaining authorized IHSS.

Exemption 2: Extraordinary Circumstances Exemption

 

The Extraordinary Circumstances Exemption (Exemption 2) is for providers who serve two or more recipients who meet one or more of the criteria listed below to allow them to work up to 360 hours per month, up to 90 hours per week combined for all recipients, and not receive a workweek violation.  In order to be approved for Exemption 2 each recipient the provider works for must met at least one of the following criteria:

  • Criteria A: He/she has complex medical and/or behavioral needs that must be met by a provider who lives in the same home as the recipient. 

  • Criteria B: He/she lives in a rural or remote area where available providers are limited and as a result the recipient is unable to hire another provider.

  • Criteria C: He/she is unable to hire a provider who speaks his/her same language in order to direct his/her own care.

 

Under Criteria A, the provider must live in the same home as the recipient(s) applying for Exemption 2.

 

Under Criteria B and C, the provider is not required to live in the same home as the recipient(s) applying for Exemption 2.

An additional requirement is the recipients, with assistance from the county as needed, must have made reasonable attempts to locate and hire an additional provider(s).Prior documented attempts to utilize other providers that have resulted in detrimental effects to the recipient’s health and/or safety may be considered in meeting this requirement. 

If you think you may qualify for an Exemption 2, the provider, or the recipients on behalf of the provider, may submit the Request for Exemption for Workweek Limits for Extraordinary Circumstances (Exemption 2) form (SOC 2305) to the County IHSS Office.The county will review the request and determine eligibility based on the information provided, review of the case files and discussions with the provider and/or recipients.Pursuant to Welfare and Institutions Code Section 12300.4, the county will make a determination and notify the providers and recipients within 30 days. 

If the county determines that the provider and/or recipients are not eligible for an Exemption 2, the provider and/or recipients have the right to request a State Administrative Review by submitting the Exemption from Workweek Limits for Extraordinary Circumstances (Exemption 2) State Administrative Review Request Form (SOC 2313) to CDSS. 

 

The SOC 2313 must postmarked within 45 days from the date on the ineligibility letter from the county and a copy of the ineligibility letter must also be submitted.

Source: https://www.cdss.ca.gov/inforesources/ihss-overtime-exemption-2/fbclid/iwar0wpsvalqb0k5tuoa6rg9oufkr2bvnxbpj7iqmizgmjz5f16rt_tcnqei0

STATE OF CALIFORNIA − HEALTH AND HUMAN SERVICES AGENCY CALIFORNIA DEPARTMENT OF SOCIAL SERVICES SOC 2255 (11/15)

PAGE 1 OF 7 PROVIDER NAME: PROVIDER NUMBER: PROVIDER REQUIREMENTS: • State law (Welfare and Institutions Code section 12300.

4) limits providers in the IHSS and Waiver Personal Care Services (WPCS) programs to working a maximum weekly number of hours providing IHSS and WPCS. A provider who works for multiple recipients is limited to providing 66 hours per workweek. • The maximum weekly workweek does not include travel time as described in Part B of this form. The workweek starts on Sunday at 12:00 a.m. (midnight) and ends at 11:59 p.m. on the following Saturday.

• Recipients are authorized services on a monthly basis and, based on state law, are limited to receiving a set amount of those services on a weekly basis. You will get a notice telling you how many authorized service hours each of your recipients gets weekly and monthly. You may never work more than a recipient’s monthly authorized hours for that recipient. However, you may work more than a recipient’s weekly authorized hours in certain circumstances. A recipient may adjust his or her weekly authorized hours, but he/she must get approval from the county if the adjustment will result in either a provider working more overtime hours in the month than the provider would normally work or working over 40 hours in any workweek for him/her (when, he/she is authorized to receive 40 hours or less in services in a workweek).

• It is your responsibility as a provider to:

• Make sure that the total combined hours you work providing authorized services for all the recipients you work for in one workweek do not total more than the 66 hours in a workweek.

• Make sure that the hours you work providing services to any one of your recipients are not more than that recipient’s weekly authorized hours, unless the hours are correctly adjusted.
PART A. WORKWEEK SCHEDULE IN-HOME SUPPORTIVE SERVICES (IHSS) PROGRAM PROVIDER WORKWEEK & TRAVEL TIME AGREEMENT
(To be completed by a provider who provides authorized services to multiple recipients) PROVIDER NUMBER ______________________ STATE OF CALIFORNIA − HEALTH AND HUMAN SERVICES AGENCY CALIFORNIA DEPARTMENT OF SOCIAL SERVICES SOC 2255 (11/15)

PAGE 2 OF 7
• Make sure that if one of your recipients adjusts their weekly authorized hours to have you work more than the usual authorized amount, that you work less hours in a previous or later week to make sure you are not working more than his/her authorized monthly hours or working more overtime in the month than you normally would.
• If you submit a timesheet in which you violate the workweek schedule in any of the following ways, you will receive a violation: You work more than 40 hours in a workweek without county approval for a recipient if he/she is authorized 40 hours or less in a workweek; You work more hours for a recipient than he/she is authorized in a workweek, without county approval and it causes you to work more overtime hours in the month than you normally would; You work for multiple recipients and work more than the 66 hours in a workweek; You claim more than seven hours of travel time (see Part B of this agreement).
• If you violate the workweek schedule in any of the ways described above, you will receive the following:
• You and your recipient(s) will get a notice of the violation with appeal rights information.
• Your recipient(s) and you will get a notice of the violation, and you will have a choice to complete a one-time training about the workweek and travel time limits. If you choose to complete the training, you will avoid a second violation
• If you choose not to complete the training within 14 calendar days of the date of the notice, you will be sent a notice of your second violation with the appeal rights information.
• You and your recipient(s) will get a notice of the third violation with appeal rights information.
• You will be suspended as an IHSS provider with the IHSS program for three months.
• You and your recipient(s) will get a notice of the fourth violation with appeal rights information.
• You will be terminated as an IHSS provider with the IHSS program for one year. First Violation Second Violation Third Violation Fourth Violation PROVIDER NUMBER ______________________

 

STATE OF CALIFORNIA − HEALTH AND HUMAN SERVICES AGENCY CALIFORNIA DEPARTMENT OF SOCIAL SERVICES SOC 2255 (11/15) PAGE 3 OF 7 INSTRUCTIONS:

 

You must complete the chart below to help you plan your workweek schedule.Your schedule must include services provided to all recipients you work for and must not be more than 66 hours in one workweek. You will be notified of each of your recipients’ total maximum weekly hours in the Provider Notification of Recipient Authorized Hours and Services, (form SOC 2271).
1. In Column A, write the name of each recipient you provide authorized IHSS services for.
2. In Column B, write the case number of each recipient listed in Column A.
3. In Column C, write the address of each recipient listed in Column A.
4. In Column D, write the total number of hours per day (for each day of the week) you work or plan to work providing authorized IHSS services for each recipient listed in Column A.
5. For Column E, add the total number of hours from each day in Column D that you work or plan to work providing authorized IHSS services for each recipient listed in Column A and write the total number of hours for the week for each recipient in Column E.
6. At the bottom of Column E, add the total number of hours you work or plan to work providing authorized IHSS for all of your recipients each week. A Recipient’s Name B Recipient Case # C Recipient’s Address D Total Number of Hours I Work or Plan to Work E Total Hours Street Address S u n. M o n.

City Zip Code Tu e s. W e d. T h urs. Fri. S at.

 

TOTAL HOURS I WORK OR PLAN TO WORK PROVIDING AUTHORIZED SERVICES FOR ALL RECIPIENTS:

PROVIDER NUMBER ______________________

 

STATE OF CALIFORNIA − HEALTH AND HUMAN SERVICES AGENCY CALIFORNIA DEPARTMENT OF SOCIAL SERVICES SOC 2255 (11/15)

PAGE 4 OF 7 PART B.

TRAVEL TIME PROVIDER REQUIREMENTS:
• If you travel from one recipient’s location to another recipient’s location on the same workday in order to provide IHSS services to both recipients, you can get paid for that travel time, but that time cannot be more than seven hours per workweek. These seven hours are in addition to the 66 hours.
• To get paid for that travel time, you must travel directly from one recipient’s location to the other recipient’s location without stopping. If you make only a brief stop on your way to the second recipient’s location, such as to fill your gas tank at a service station, you are still considered to be traveling directly. However, if you stop to conduct personal business or if you return to your own home, you can only be paid for the time that it would have taken to travel between the two locations where services are provided without the personal stops.
• If your total estimated weekly travel time will be more than seven hours, you will need to adjust your work schedule so that your travel time is less than seven hours.

Do you plan to travel from a location where you provide authorized services to another location where you provide authorized services to another recipient on the same day? n YES n NO
If you answer NO, you do not need to complete PART B, go directly to PART C.

PART B INSTRUCTIONS:You must complete this section to help you plan the travel time that you can be paid for so that your total weekly travel time is not more than 7 hours. Because you are traveling, it may be necessary for you to provide proof of time and mileage.
1. In Column A below, write the name(s) of the recipient(s) you will be traveling from.
2. In Column B below, write the name(s) of the recipient(s) you will be traveling to. PROVIDER NUMBER ______________________ STATE OF CALIFORNIA − HEALTH AND HUMAN SERVICES AGENCY CALIFORNIA DEPARTMENT OF SOCIAL SERVICES SOC 2255 (11/15)

PAGE 5 OF 7
3. In Column C below, write how far (in miles) it takes to travel directly from one recipient’s location to the next recipient’s location. 4. In Column D below, write how long (in minutes) you estimate it takes to travel directly from one recipient’s location to the next recipient’s location.
5. In Column E below, write how many days each workweek you plan to travel from one recipient’s location to another recipient’s location on the same day?
6. In Column F, multiply the amount of time you estimate it takes to travel directly from one recipient’s location to the next recipient’s location (Column D) by the number of days you will travel between recipients’ locations each workweek (Column E) to indicate your total travel time between the two recipients’ locations (Column A and B).
7. Add up the total of all the time listed on the lines in Column F and write the total at the bottom of Column F. PROVIDER NUMBER ______________________ STATE OF CALIFORNIA − HEALTH AND HUMAN SERVICES AGENCY CALIFORNIA DEPARTMENT OF SOCIAL SERVICES SOC 2255 (11/15)
PAGE 6 OF 7 A B CD E F _______________________________________________________________________________________________________
See source for tables and more details

Distance Between Recipients’ Locations (in miles) Estimated Travel Time Between Recipients’ Locations (in minutes)

Number of Days You Will Travel Between Recipients’ Locations Each Workweek

Total Estimated Travel Time Between Recipients’ Locations Each Workweek (Col. D x Col. E)

Names of the Recipients You Will Be Traveling Between How will you travel between recipients’ locations? n CAR* n

PUBLIC TRANSIT n OTHER Specify: _________________________________________

TOTAL ESTIMATED TRAVEL TIME EACH WORKWEEK:

From To * If you will be driving yourself to travel between recipients, you must have a valid California driver’s license and proof of insurance, and your vehicle must have current registration.

If you do not have a valid California driver’s license, proof of insurance, or current vehicle registration, you are not legally allowed to drive your vehicle for the purpose of providing IHSS. You must choose a different form of transportation, such as public transit. If you have chosen to drive yourself and there is a negative change to the status of your legal right to drive your vehicle (i.e., your California driver’s license, auto insurance, or vehicle registration expires or is no longer valid), you must inform the county and select a different form of transportation.

If you fail to inform the county of this change in status, you will be considered in violation of IHSS program requirements and may be terminated. PART B. TRAVEL TIME PROVIDER NUMBER ______________________ STATE OF CALIFORNIA − HEALTH AND HUMAN SERVICES AGENCY CALIFORNIA DEPARTMENT OF SOCIAL SERVICES SOC 2255 (11/15)

PAGE 7 OF 7

I declare that I have read and understood the requirements as stated in this document and I agree to comply with these requirements. I further declare that all of the information I have provided on this form is true and correct to the best of knowledge. I agree to notify the county within 10 calendar days if any of the information I have provided in this Provider Workweek and Travel time Agreement changes, and depending on what information has changed, I may be required to complete a new SOC 2255. PROVIDER SIGNATURE: PROVIDER’S PRINTED NAME:

DATE: WORKER NAME: SOURCE USED TO VERIFY TRAVEL TIME: DATE: ESTIMATED TRAVEL TIME REVIEWED:
YES n NO n

PART C. PROVIDER AGREEMENT FOR COUNTY USE ONLY NOTES: PROVIDER NUMBER ______________________

Source: 
https://www.cdss.ca.gov/cdssweb/entres/forms/english/soc2255.pdf

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