REQUIREMENTS TO QUALIFY FOR EITHER EXEMPTION 1 OR 2 In ...

[Pages:2]REQUIREMENTS TO QUALIFY FOR EITHER EXEMPTION 1 OR 2

EXEMPTION 2

In order to qualify for Exemption 2, the person who is the IHSS provider (worker) works for must meet at least ONE of the following conditions (the IHSS provider under Exemption 2 does not need to live in the same home as the persons who are IHSS recipients that the provider works for to qualify for Exemption 2):

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The person who is an IHSS recipient must have complex medical and/or behavioral needs that

must be met by a IHSS provider (worker) who lives in the same home as the IHSS recipient - OR

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The person who is an IHSS recipient must live in a rural or remote area where available IHSS

providers are limited and as a result the IHSS recipient is unable to hire another IHSS provider ? OR

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The person who is an IHSS recipient is unable to hire a IHSS provider who speaks his/her same

language I order to direct his/her own care

Evaluation of the cases to determine whether either Exemption 1 or 2 will be granted or denied will be conducted by the California Department of Social Services and the counties.

In addition, the April 1st All County Letter No. 16-22 also provided clarification to Exemption 1 that was outlined in All County Letter No. 16-07:

EXEMPTION 1

As stated in All County Letter 16-07, the Live-In Family Care Provider Overtime Exemption (Exemption 1) allows IHSS live-in providers, who work for two or more persons who are IHSS recipients, and who are related to those two or more recipients as a parent, step-parent, adoptive parent, grandparent, legal guardian or conservator, to work above the maximum of 66 hours in a work week.

In order to qualify for exemption 1, a person who is a IHSS provider (worker) must have met the following requirements on or before January 31, 2016 in order to qualify for Exemption 1and be allowed to work a total of 12 hours a day, up to 360 hours per month COMBINED for the IHSS recipient they provide services for, not to exceed each IHSS recipient's monthly authorized hours:

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The person who is the IHSS provider must work for two more people who are IHSS recipients;

AND

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The person who is the IHSS provider lives in the same home as all the people who are IHSS

recipients for whom he/she provides services; AND

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The person who is the IHSS provider is related to all of the people who are IHSS recipients for

whom he/she provides services, as his/her parent, step-parent, adoptive parent, grandparent, legal

guardian or conservator.

LINKS FOR MORE INFORMATION ABOUT EXEMPTIONS 1 OR 2 AND OVERTIME PROVISIONS FOR IHSS & WAIVER PERSONAL CARE SERVICES

ALL COUNTY LETTER NO. 16-22 DATED APR 01, 2016 ON IHSS OVERTIME EXEMPTION 2 & CLARIFICATIONON EXEMPTION 1 (DEPARTMENT OF SOCIAL SERVICES) ? PDF DOCUMENT COPY (16 PAGES):



ALL COUNTY LETTER NO. 16-07 DATED JAN 21, 2016 ON IHSS OVERTIME EXEMPTION 1 (DEPARTMENT OF SOCIAL SERVICES) ? PDF DOCUMENT COPY (10 PAGES):



ALL COUNTY LETTER NO. 16-01 DATED JAN 07, 2016 REINSTATING IHSS & WAIVER PERSONAL CARE SERVICES OVERTIME PROVISIONS TO TAKE EFFECT FEB 1, 2016 UNDER SB 855 AND SB 873 (DEPARTMENT OF SOCIAL SERVICES) ? PDF DOCUMENT COPY (71 PAGES):



LETTER NO. 16-01 DATED JAN 29, 2016 ON OVERTIME EXEMPTIONS TO WAIVER PERSONAL CARE SERVICES RECIPIENTS & WORKERS (POSTED AS "WPCS OVERTIME BULLETIN" BY DEPARTMENT OF HEALTH CARE SERVICES ? PDF DOCUMENT COPY (2 PAGES):



WAIVER PERSONAL CARE SERVICES OVERTIME IMPLEMENTATION LETTER [NOT DATED BUT LIKELY JANUARY 2016] (DEPARTMENT OF HEALTH CARE SERVICES) ? PDF DOCUMENT COPY (1 PAGE):



WAIVER PERSONAL CARE SERVICES OVERTIME WEBPAGE (DEPARTMENT OF HEALTH CARE SERVICES):



LEGISATION AUTHORIZING OVERTIME FOR IHSS & WAIVER PERSONAL CARE SERVICES: SB 855, CHAPTER 29 STATUTES OF 2014 ? PDF DOCUMENT COPY (148 PAGES) [IHSS & Waiver Personal Care Services references begin on page 133]:



LEGISLATION AUTHORIZING OVERTIME (ADDITIONAL PROVISIONS & CLARIFICATIONS) FOR IHSS & WAIVER PERSON CARE SERVICES: SB 873, CHAPTER STATUTES OF 2014 ? PDF DOCUMENT COPY (58 PAGES) [IHSS & Waiver Personal Care Services references begin on Page 48]:



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