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.

Providers must be related to their recipients as a parent, adoptive parent, step-parent, grandparent or legal guardian and have met the above requirements on or before January 31, 2016, to qualify for an Exemption 1. Applicants must complete the In-Home Supportive Services (IHSS) Program Live-In Family Care Provider Overtime Exemption (Exemption 1) form (SOC 2279). Completed Exemption 1 (SOC 2279) forms can be mailed to the Department of Social Services, 744 P Street MS 9-11-96, Sacramento, CA 95814.

Exemption 2: Extraordinary Circumstances Exemption

The Extraordinary Circumstances Exemption (Exemption 2) is for providers who serve two or more recipients who meet one or more of the criteria listed below 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 each recipient the provider works for must met at least one of the following criteria:

• Criteria A: He/she has complex medical and/or behavioral needs that must be met by a provider who lives in the same home as the recipient. 
• Criteria B: He/she lives 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: He/she is unable to hire a provider who speaks his/her same language in order to direct his/her own care.

Under Criteria A, the provider must live in the same home as the recipient(s) applying for Exemption 2.

Under Criteria B and C, the provider is not required to live in the same home as the recipient(s) applying for Exemption 2.

An additional requirement is the recipients, with assistance from the county as needed, must have made reasonable attempts to locate and hire an additional provider(s).Prior documented attempts to utilize other providers that have resulted in detrimental effects to the recipient’s health and/or safety may be considered in meeting this requirement. 

If you think you may qualify for an Exemption 2, the provider, or the recipients on behalf of the provider, may submit the Request for Exemption for Workweek Limits for Extraordinary Circumstances (Exemption 2) form (SOC 2305) to the County IHSS Office.The county will review the request and determine eligibility based on the information provided, review of the case files and discussions with the provider and/or recipients.Pursuant to Welfare and Institutions Code Section 12300.4, the county will make a determination and notify the providers and recipients within 30 days. 

If the county determines that the provider and/or recipients are not eligible for an Exemption 2, the provider and/or recipients have the right to request a State Administrative Review by submitting the Exemption from Workweek Limits for Extraordinary Circumstances (Exemption 2) State Administrative Review Request Form (SOC 2313) to CDSS.  The SOC 2313 must postmarked within 45 days from the date on the ineligibility letter from the county and a copy of the ineligibility letter must also be submitted.