IHSS OVERTIME & RELATED CHANGES

CITY & COUNTY OF SAN FRANCSCO

HUMAN SERVICES AGENCY

TODAY’S AGENDA

1. What has changed?2. Weekly Hour Limits3. Consumer Agreements4. How to adjust your hours week to week5. Provider Work Week Agreements6. Consumers with Multiple Providers7. Providers with Multiple Consumers8. Violations, Consequences & Appeals9. New Time Sheets10.Other Changes11.Take Aways12.Where to Find More Information

WHAT’S CHANGED?

•Time & a half pay for any work over 40 hours a week

•Up to 7 hours of paid travel time when traveling between consumers in the same day

WEEKLY HOUR LIMITS: PROVIDERS

• Old Way: Providers had no limits to the hours they could work per week or month

• New Rules:

• Weeks are Sunday through Saturday

• Providers are limited to working a total of 61 (66 in a few cases) hours total per week for all of their consumers.

• Take Away: Providers can receive overtime, but are capped at 61 hours a week. Also travel time is not counted against this cap.

WEEKLY HOUR LIMITS: CONSUMERS

• Old Way:

• IHSS gave hours to consumers in monthly amounts

• Consumers could schedule those hours however they wanted

• New Way: Consumers have weekly-authorized hours based upon their monthly-authorized hours. (This is not a reduction in hours)

• Take Away: Consumers must track their weekly usage of hours and must not exceed their weekly-authorized amounts.

ADJUSTING WEEKLY HOURS

• Old Way: A Consumer could adjust their schedule however they want

• New Rule: There are two ways a consumer can change their schedule.

• If a switch doesn’t increase the number of OT hours for a provider, the consumer doesn’t need to call.

• Take Away: If the switch results in more overtime for the IP, the consumer must call IHSS for permission.

STATE CRITERIA OF OVERTIME APPROVAL

• Additional hours must be for unanticipated need

• Must be related to immediate need that can’t wait until a new provider comes

• Must be related to a need that has a direct and significant impact on consumer health or safety

REQUESTING WEEKLY HOURS ADJUSTMENT

• Consumers call IHSS at 557-6200 to ask for approval to switch hours

• IHSS uses that state criteria and will give verbal decision and will mail an official notice to the consumer and provider.

• If a consumer adds hours one week, they must subtract them from another week in the month to ensure the consumer doesn’t exceed their monthly authorization.

CONSUMERS WITH MULTIPLE PROVIDERS

• Old Way: Consumers with more than one provider could arrange their schedule however they wanted

• New Rule: Consumers with multiple providers must make a work schedule and have it signed by all their providers (SOC2256). Their Total hours must equal the number of hours the consumer is authorized for the week.

• Take Away: Form SOC 2256 must be sent to IHSS by December 15th. If not submitted by March 1st eligibility will be suspended.

PROVIDERS WITH MULTIPLE CONSUMERS

• Old Way: IHSS providers could work whatever schedule best suited their needs without input from the county.

• New Rule: Providers with multiple consumers must submit a work week and travel agreement (SOC 2255).

• Take Away: Form SOC 2255 must be filled by Dec 15th. If not submitted by March 1st the provider will be terminated.

VIOLATIONS• Old Way: IHSS consumers were

solely responsible for disciplining and terminating their providers

• New Rules: IP can receive a violation for the following reasons:

• Claiming more than 7 hours of travel time

• Working more than 61 hours a week without permission from IHSS

• Working more than the consumer’s weekly hours without permission from IHSS

CONSEQUENCES

• 1st Violation: Written warning

• 2nd Violation: Written warning and mandatory training within 14 days

• 3rd Violation: 3 Month Suspension

• 4th Violation: 1 Year Suspension

• 1 violation is dropped a year after the last violation

APPEALING A VIOLATION

• When a provider receives a violation notice, they have 10 calendar days to request a county review

• SF IHSS has 10 days to investigate and make a decision

• You may appeal the SF IHSS with CDSS for 3rd & 4th violations

NEW CONSUMER FORMS (SENT FROM THE STATE ON NOV.

1)• TEMP 3000

• Revised SOC 426A

• SOC 2256 (If you use more then one provider)

• All these forms must be returned to the county before Dec 15th

NEW PROVIDER FORMS (SENT FROM THE STATE ON NOV.

1)• TEMP 3001

• SOC 846

• Form SOC 2255 : Must be returned before Dec or you can’t be paid for travel time and if not returned before March 1st the provider will be terminated.

NEW NO TRAVEL TIMESHEET (USED BY MOST PROVIDERS)

NEW TRAVEL TIMESHEET

Used by providers who travel from one consumer to another in the same day

Must be submitted with Travel time claim form

TRAVEL TIME CLAIM FORM

OTHER CHANGES

• IHSS timesheets & paychecks will be mailed to providers separately as of January 1st, 2015

• If you are a consumer who has IHO or who has Advance Pay, more information to come.

TAKE AWAYS• Providers can receive overtime, but are capped at 61 hours a

week (not counting travel time)

• Up to 7 hours of paid travel time traveling between consumers

• Consumers must track their weekly usage of hours and must not exceed their weekly-authorized amounts.

• If a schedule switch results in more overtime for the IP, the consumer must call IHSS for permission.

• Not keeping track of the consumer & provider’s schedule can result in a violation and serious consequences.

TAKE AWAYS CONT.• Violating the new rules for the 3rd time will result in a 3-month

suspension and the 4th time will result in a yearlong suspension.

• Violation appeals must be requested within 10 days

• Make sure you have filled out the relevant new forms

• Make sure you understand and are comfortable with the new timesheet

• More information coming soon for those have IHO or use Advance Pay.

• Still Have Questions? Additional Free Training Available

STILL HAVE QUESTIONS? ADDITIONAL FREE TRAINING

AVAILABLE

• For IHSS Providers call TAPCA at (888)418-2722

• For IHSS Consumers call the IHSS Public Authority at (415) 593-8133