DPSS ePolicy

Conversion document, no content change. 

To release new policy

To provide instructions to In-Home Supportive Services (IHSS) staff on how to proceed when an individual voluntarily provides compensable IHSS service hours without pay.

When the provider of record or any other person agrees to provide any IHSS compensable services voluntarily, they must provide a signed statement. The statement must indicate that the provider is aware of the right to compensated services, but voluntarily chooses not to accept any payment, or reduced payment, for providing services.

These regulations are the result of the court ordered judgment from the Miller v. Woods/Community Services for the Disabled v. Woods court case.

The court ruling stated that any person voluntarily providing compensable IHSS services without being paid must complete and sign a statement, indicating the type of services and the monthly hours of service provided. The SOC 450 Voluntary Services Certification form (hereinafter named SOC 450) was created for this purpose.

Provider

An individual who provides service to a recipient, whether they receive payment from IHSS or not.

Statutory Maximum

The maximum monthly service hours authorized for recipients under the IHSS Program. The statutory maximum can be either 195 hours or 283 hours per month, depending on the funding source of the IHSS services provided and on the condition of the recipient: non-severely impaired (NSI) or severely impaired (SI).

Personal Care Services Program

• NSI - 283 hours 
• SI - 283 hours

 Community First Choice Option

• NSI - 283 hours
• SI - 283 hours

 IHSS Plus Option

• NSI - 195 hours
• SI - 283 hours

 IHSS Residual

• NSI - 195 hours
• SI - 283 hours

Compensable Service Hours

Service hours that have been assessed and authorized; therefore, an individual can legally be paid for these service hours.

Not Compensable Service Hours

Assessed hours that exceed the statutory maximum for authorized hours. Not compensable service hours are not payable under IHSS.

When a provider is delivering or willing to deliver compensable IHSS services without pay, the IHSS Social Worker (SW) is required to use the SOC 450 to document this action at:

• Initial assessment;
  
• Annual assessment;
  
• Interim assessment; or
  
• Anytime the SW is informed compensable IHSS services are provided without pay.

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