Laws related to IHSS

12-Month Analysis of Counties’ Implementation of CDSS All County Letter 17-95 (Regarding Anti-Social and Aggressive Behaviors)

With a focus on ACL 17-95 Anti-Social and Aggressive Behavior guidelines, this analysis encompasses, breaks down and summarizes this author’s/advocate’s direct observations of the IHSS review process within the last 12 months. In light of the fact that ACL 17-95 was implemented twelve (12) months ago, the author has had ample time to digest and analyze precisely how this policy is being carried out by both State and county officials...Read More

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

Lightbourne Director's Alternate Decision

Many of you had caseworkers reduce IHSS hours for times when a "non provider" parent was present in the home. Read this Director's Alternate decision from an administrative law hearing in which Larry Rosen participated as an advocate.

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.

Notice 2014-7 Explained by Regina Levy, CPA

Gina Levy has been described as the "special needs CPA" by her clients. She has been the source of much of the IRS tax information that I have presented on both our web page and our Facebook page. For those of you who are confused about how to proceed with amending prior year tax returns in order to get a refund, I highly recommend reaching out to Ms. Levy. There is value in utilizing an expert and my client families tell me that she is amazing.

IRS Notice 2014-7 Clarified with Amending Instructions

The IRS just recently published this document to provide clarity to the earlier released document IRS notice 2014-7 (which can be viewed on this website). Instructions are given for amending prior year's taxes, as the change in this tax rule has a three year look back window. This is great news for Medicaid Waiver recipients and their families

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).


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