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Here’s the latest news from CDSS on the requirements for IHSS providers. Letters have been sent by CDSS to approximately 100,000 providers and consumers.
TO: IN-HOME SUPPORTIVE SERVICES (IHSS) PROVIDERS
Read June 15 All County Letter from DSS
Find Live-Scan (Fingerprinting) locations in your area
New State Law Requires IHSS Providers to:
1. Complete and sign a Provider Enrollment Form (SOC 426) and return it in person to the location designated by your county IHSS Program or IHSS Public Authority, and bring original documentation verifying your identity such as an unexpired driver’s license or photo identification AND original social security card. You must not return the form to the State Department of Social Services as this will cause a significant delay in the processing of your information.
2. Submit fingerprints at your expense and undergo and pass a criminal background check by the California Department of Justice. Any individual convicted in the last 10 years of three specific crimes — defrauding a government health care or supportive service programs, felony child abuse or felony elder abuse — will be excluded from the program.
3. Complete a Provider Orientation (in person or by mail).
4. Sign an IHSS Program Provider Enrollment Agreement (SOC 846) that you understand and agree to the rules and requirements for being an IHSS provider.
If you complete at least one of these steps by June 30, 2010 you may continue to work, be paid by the IHSS program, and will have until December 31, 2010, to complete the remaining requirements.
If you DO NOT complete at least one of these steps by June 30, 2010, you will be terminated and will NOT be paid by the IHSS Program for any hours you work after June 30, 2010, until you complete all four steps.
As of July 1, 2010, if you want to go to work for another recipient, you will need to complete all four of the new requirements and be determined an eligible IHSS provider before you will be paid by the IHSS program.
Once you have completed these steps and you have been approved by the County or Public Authority to be an IHSS provider, you will continue to be eligible to receive payment for providing authorized services cfor any IHSS recipient as long as you are an active provider and your criminal background check remains clear.
If you have any questions about these new requirements, contact your county IHSS or IHSS Public Authority.
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TO: IN-HOME SUPPORTIVE SERVICES (IHSS) RECIPIENTS
New State Law Requires Your IHSS Providers to:
1. Complete and sign a Provider Enrollment Form (SOC 426) and return it in person to the location designated by your county IHSS Program or IHSS Public Authority, and bring original documentation verifying her/his identity such as an unexpired driver’s license or photo identification AND original social security card. Providers must not return the form to the State Department of Social Services as this will cause a significant delay in the processing of the information.
2. Submit fingerprints and undergo and pass a criminal background check by the California Department of Justice, at the provider’s own expense. Any individual convicted in the last 10 years of three specific crimes — defrauding a government health care or supportive service programs, felony child abuse or felony elder abuse — will be excluded from the program.
3. Complete a Provider Orientation (In person or by mail).
4. Sign IHSS Program Provider Enrollment Agreement (SOC 846) that they understand and agree to the rules and requirements for being an IHSS provider.
If your provider(s) complete at least one of these steps by June 30, 2010, they may continue to work for you, be paid, and will have until December 31, 2010, to complete the remaining requirements.
If your provider(s) DO NOT complete at least one of these steps by June 30, 2010, they will be terminated and will NOT be paid by the IHSS Program for any hours they work after June 30, 2010. If your provider wants to be re-employed as an IHSS provider, on or after July 1, 2010, they must complete all four steps before they can be paid by the IHSS program.
If you choose to continue to receive services from an ineligible provider on or after July 1, 2010, you will have to pay for those services from your own money.
If your provider(s) are terminated, you will have to choose another person to provide your IHSS services. If you need help finding another provider, contact your county IHSS Office or IHSS Public Authority.
If you have any questions about the new provider requirements, contact your county IHSS Office or IHSS Public Authority. If you do not understand this information, call your county social worker.
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Find contact information for your county IHSS PA on our County Pages
I happen to be a former IHSS provider and volunteered to investigate the new provider requirements for a friend who is an IHSS recipient. His provider was convicted of a drug felony over 20 years ago and long before now completely turned his life around, however, there was a concern that a conviction for ANY felony would make him ineligible to continue his work under the new rules.
Based on the information I obtained from the State of California and on this website I am very comfortable assuring both recipient and provider that the provider’s ancient criminal history does not make him ineligible to continue his work. I am, however, recommending they confirm this in a conversation with the recipient’s social worker.
I am writing because I have a concern about the wording on YOUR SITE which is not at all the same as on the state site I am using for my resource. As a matter of fact, I am concerned that the way it is worded on your site would violate one’s civil rights and the whole tenent that, in America, a person accused of a crime is considered innocent until proven guilty in a court of law.
On the state cite (here’s the link):
http://www.dds.ca.gov/Budget/Docs/BlueBook_CHHSRevisedBudget09.pdf
the new rule concerning criminal history states “Any individual convicted in the last 10 years of three specific crimes — defrauding a government health care or supportive service programs, felony child abuse or felony elder abuse — will be excluded from the program.” (see pg 21 of the document).
On this site, you state, “If you were convicted or incarcerated within the last 10 years of elder / dependent adult abuse, child abuse or fraud against a government health care or supportive services program you are not eligible to be an IHSS provider.” (this same page, above).
What concerns me is the addition of the words “or incarcerated” on your site.
When were the words “or incarcerated” added to the new rules and by whom?
Thank you for a prompt reply!
Theresa Roberts-Wall
Santa Barbara, CA
“Any individual convicted in the last 10 years of three specific crimes — defrauding a government health care or supportive service programs, felony child abuse or felony elder abuse — will be excluded from the program.”
Good luck providers. I went into my local office to complete at least one of the requirements in order to have more time and was really discouraged from submitting anything. The only thing that the local office cares about is the fingerprinting. They tried to turn me away repeatedly, but I knew what I was allowed to do so I stayed and insisted that they take my forms.
Thanks, Theresa, for bringing this to our attention. I’m not sure what document contained the word “incarcerated,” but we’ve eliminated it so that our language is now the same as the state’s:
“Any individual convicted in the last 10 years of three specific crimes — defrauding a government health care or supportive service programs, felony child abuse or felony elder abuse — will be excluded from the program.”
I’ve also read in documentation sent by mail that certain key misdemors were also reason to be disqualified, but the state site (thanks Theresa) does not mention misdemors at all. Any clarification is greatly appreciated.
Christina, knowledge is power!
So as long as you have no convictions on those three felonies you should be eligible to work as a provider?
Yes – it is my understanding that the current governor is attempting to make the list of disqualifying crimes longer, but for now that is where it stands. Please make sure you are registered and VOTE so we can change some of the prejudice against homecare. People that work in institutions are not placed under the standard our governor wants to enforce on homecare.
Kristine Loomis