FUNCTIONAL INDEX CUTS. These are cuts to consumer’s eligibility or authorized hours based on their Functional Index Score.

SHARE OF COST BUYOUT PROGRAM. This program was eliminated as of October 1, 2009, through enactment of the 2009-10 state budget mandate. See litigation notes below.

• The state had a program which helped certain clients pay for a “share of cost” of the IHSS services they receive, based on income. This share of cost program was eliminated due to last year’s budget cuts. Client’s that have a share of cost are now responsible for paying the entire share of cost. This can affect the provider’s paycheck, as "share of cost" can be deducted from the homecare worker’s paycheck. If the client has a share of cost, you need to make arrangements to get paid for any deductions from your paycheck.

PROVIDER FINGERPRINTING AND CRIMINAL BACKGROUND CHECKS. Impacted by litigation. See note below.

• All new and current providers will be required to undergo fingerprinting and a criminal background check (this is already a requirement for registry providers) at their own expense. Current costs vary for each county from $35.00 to $50.00.
• Currently employed providers will have until July 1, 2010 to complete this requirement as a condition of continued employment. However it should be noted that completing the requirement includes processing by the county, which can take 6 weeks or more due to background checks etc. The computer is set to terminate providers automatically if their requirement is not complete

  and processed by July 1 2010. Current providers therefore should act right away.

• Any provider who has been convicted within the past 10 years of child or elder abuse or fraud against a government health care or supportive services program will be ineligible to work or receive payment as a provider.

  (this is under litigation, see below)

• All providers will be required to read and sign the new provider enrollment form, along with completing the orientation process (see below).
• Provider rights will be established, including an appeals process and a provision allowing providers to access copies of their criminal background checks.
  
  
  
  

  – Litigation and Important Note — It has come to our attention that some counties are asking providers to sign a new form SOC 426 (Provider Enrollment Form) that includes a question about whether the provider “has ever been convicted of a serious crime or misdemeanor.” COUNTIES SHOULD NOT BE USING THIS FORM. If you are asked to sign a Form 426, which includes the question about whether you have ever been convicted “of a serious crime or misdemeanor" respectfully refuse to sign the document and refer the county official to All County Letter No. 09-78 More Information and copy of All County Letter (ACL) that pertains to the above issue FEBRUARY 17th LETTER (ACL) WITH QUESTIONS & ANSWERS ON CRIMINAL BACKGROUND CHECKS FOR IHSS PROVIDERS This issue is under litigation. See Ellis v. Wagner

  
  

REVISED PROVIDER ENROLLMENT FORM.

Impacted by litigation on felonies and misdemeanors.

See note above

• A revised Provider Enrollment Form must be submitted in-person by all currently employed and new IHSS providers and must include a photocopy made by the county of the original documentation of the provider’s identity.
• The new form will require the signature of the provider, after having viewed the mandatory provider orientation materials below.
• The type of form used has been changed due to litigation on the issue of what type of felony or misdemeanor would disqualify a provider. See note above.
  
  

MANDATORY PROVIDER ORIENTATION.

• All currently employed providers must complete a mandatory provider orientation that will include information on IHSS requirements, rules and regulations as well as the consequences of committing fraud in the program and reporting fraud and abuse. Although the law states currently employed providers have until June 30, 2010 to complete this orientation, it is part of the mandated process including background checks (above) that must be completed for each provider by July 1, 2010. Since processing times can take 6 weeks or longer in some counties, currently employed providers need to act immediately.
  
  

  -- NOTE – Current providers (those already employed under the IHSS program) are NOT required to attend orientation meetings in person.  As a current provider you have the right to receive the orientation materials by mail. All providers must still go to their county office to sign and return the acknowledgment form in person, however not all counties are making this option clear.

UNNANOUNCED HOME VISITS

• Social services will be required to make unannounced home visits “as appropriate, in targeted cases” to verify that IHSS services are being provided.
• No dates for implementation have been announced, and no regulations or policies governing the visits have been

  formalized at this time.
  
  

  It has come to our attention that some counties are conducting inappropriate and unregulated home visits, apparently stemming from this new requirement. IHSS RECIPIENTS AND PROVIDERS MUST PROTECT THEMSELVES AND THEIR RIGHTS A toll free number is available to report any questionable visits: 1-800-822-6222 Also you can contact UDW Homecare Providers Union at: 1-800-621-5016

  
  

CHANGES TO CLIENT REQUIREMENT,

TIMESHEETS AND PROVIDER NOTFICATIONS

• Clients will also undergo fingerprinting. effective sometime in 2010.
• Effective July 2011, timesheets will require both the client and provider fingerprint. Timesheets will include a certification that the information is true and correct. There can be criminal and or civil penalties for intentional deception or misrepresentation.
• Effective December 2011, providers will receive information on approved duties to be performed for each client.
  

UPDATE TO THE PROPOSED WAGE CUT TO $9.50 PER HOUR

Currently under litigation.

• All IHSS providers earning over $9.50 per hour were to have had their wages rolled back to $9.50 on July 1, 2009.
  

  Currently under litigation Martinez et al v. Schwarzenegger et al, Dominguez et al v. chwarzenegger et al A lawsuit filed on behalf of California IHSS providers has temporarily stopped the implementation of these cuts. Although the injunction is temporary, on March 3 it was upheld by a second judge. The lawsuit is still in the court system and the final outcome is unknown.

• The newly proposed 2010-2011 state budget additionally includes the provision that all provider’s wages shall be reduced to minimum wage, if the program is not eliminated. At this time it is unknown how litigation and budget mandates will impact provider wages. Check back for updates.