Regulations

IHSS regulations in California

How to: Request a State Hearing & Request for Review

Requesting a fair hearing is pretty simple and there are several ways this can be done. All you have to do is say you want one. It is always best to ask for the hearing in writing. You should keep a copy of the request and make very clear that...Read More

Rehearing Review Process/Protocols

If you've been denied IHSS and you believe the decision was unfair, inadequate, legally and/or factually incorrect, the first step to appeal the decision is to request a rehearing. The Rehearing Review Protocols document provides you with an overview of the laws governing the rehearing review process that...Read More

IHSS Regulations - Social Services Standards Manual of Policies and Procedures

Finding IHSS regulations on CDSS website can be a cumbersome task. Chapter 30-700 of the "Social Services Standards Manual" contains just about everything you need to know about the state's In-Home Supportive program. Click here for the links to both chapters.

Tantrums vs Meltdowns: What You Need To Know in Terms of ACL-17-95

According to ACL-17-95, a minor's or adult's behavior is assessed for PS-Eligibility "based upon the willfulness of that behavior", taking into account the recipient's age and specific behavior with the key point that the behavior is "nonself-directing, due to the mental impairment/illness." The adjective "willfulness" corresponds to one key difference between a tantrum and a meltdown, specifically: A tantrum is goal-oriented behavior looking for ... Read More

New FLSA & SB 855 Requirements

Below are highlights from CDSS presentation regarding the new FLSA & SB 855 Requirements. You can download the full presentation at the bottom of this page. The final stakeholder discussion group pertaining to the implementation of the new IHSS overtime rules will be held on August 15, 2014.

Providers' IHSS Payments Excluded From Gross Income

Update: New Q&A's from the IRS - "Certain Medicaid Waiver Payments May Be Excludable From Income"

Proposed Regulations Attempt to Define Full Time Employment

For the first time IHSS is attempting to define full time employment. For years, caseworkers have been wrongly reducing or denying IHSS hours because two parents were present in the home. Current statute allows for parents meeting specific criteria to be paid parent-providers, with no restrictions for two-parent households. Current regulations, however, deduct time from the parent-provider’s IHSS hours when the non-provider parent is in the home.

New Federal Rules Require Overtime Pay for Caregivers Nationwide

US Department of Labor announced new regulations that will require overtime pay for the estimated 2 million IHSS workers nationwide. This includes the nearly 360,000 caregivers in California's taxpayer-funded In-Home Supportive Services program. The new regulations won't take affect until January 1, 2015.

Tricare Changes Would Limit ABA for Military Families

Starting July 25, Tricare is requiring children with autism to undergo standardized testing every six months and show measurable progress in order to receive applied behavior analysis therapy(ABA).

Governor Brown's Proposed IHSS Budget for 2013-14

Governor Brown budget proposal includes $1.8 billion General Fund for the IHSS program in 2013‑14, a 4.9‑percent increase over the revised 2012‑13 budget and 6.5‑percent increase from the 2012 Budget Act...

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