During the assessment or reassessment, the county`s IHSS program will evaluate you to determine if your circumstances indicate that your supplier is eligible for exemption 1 or 2 (see below). The county informs potentially qualified beneficiaries of the exception (s) and the procedure by which you or your provider can apply.8 After completing and signing by the recipient, the form can be filed: In response to a change in federal Labor Department rules, the State of California has agreed to pay overtime for homeworkers in the IHSS and WPCS programs. The state now pays overtime for all hours worked beyond 40 hours per week. For more information on overtime rules in general, see the publication #5586.01 New rules for IHSS: overtime and related fees for www.disabilityrightsca.org/publications/new-rules-for-ihss-overtime-and-related-changes. Landkreis refused the exception, the Landkreis must explain also, in the notification letter, the reason for the refusal and information on the examination request procedure by CDSS, independently of the decision of the Landkreis. This process is called ESAR (Exemption 2 State Administrative Review). Suppliers or recipients can request verification by CDSS.21. During this process, overtime violations are repressed, regardless of the state`s decision.22 It is important to keep in mind that Fresno County and the Department of Social Services (IHSS) are NOT THE EMPLOYEURS. However, it is possible to verify whether the health care provider is employed and/or employed by one or more IHSS beneficiaries. This publication is intended for people who receive home help services (IHSS) and Personal Waiver Care Services (WPCS), as well as those who provide their care. This publication contains information on how to request a waiver of the maximum number of hours that some providers can work each month in the IHSS and WPCS programs. With one exception, suppliers can work up to 360 hours per month.
Criteria A: has complex medical and/or behavioural needs that must be met by a provider who lives in the same home as the recipient; OR, at the time of the first application and at least once a year, DHCS informs all applicants or participants whose suppliers may benefit from an exemption, as well as their suppliers, of the exemptions and the application procedure29. 29 DHCS will send an information and exemption application form to all suppliers eligible for an exemption, as well as to participants to whom these providers provide services. 30 Before exemption 1 (formerly known as “family exemption”) was codified in legislation, cdSs sent a letter and form to suppliers who met the criteria.