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 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.