OVERVIEW: IHSS IMPLEMENTATION OF NEW FLSA & SB 855 REQUIREMENTS
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1 OVERVIEW: IHSS IMPLEMENTATION OF NEW FLSA & SB 855 REQUIREMENTS July 28, 2014 CDSS Adult Programs Division
2 Agenda Opening Remarks New FLSA Requirements & Summary of Prior Discussions with Stakeholders SB 855 IHSS Program Requirements and CDSS Implementation Approach DHCS Waiver FLSA Implications IHSS Operational and Policy Considerations Wrap Up
3 Purpose & Objectives Review new FLSA & SB 855 requirements Understand implementation going forward
4 Opening Remarks Eileen Carroll Deputy Director, Adult Programs Division, CDSS
5 New FLSA Requirements and Summary of Prior Stakeholder Discussions Lori Clarke Facilitator
6 New FLSA Requirements Overtime compensation when working more than 40 hours in a week (not to exceed the consumer authorized hours or weekly cap) Defined 7-day workweek to claim overtime Payment for travel time when traveling directly between different recipients on the same day
7 Date Prior Stakeholder Discussion Activities 3/03/14 IHSS Stakeholder Meeting 3/21/14 IHSS Stakeholder Meeting 5/06/14 IHSS Stakeholder Meeting March - Present June 2014 Rapid Response Team Meetings Provider Focus Groups
8 SB 855 IHSS Requirements & CDSS Implementation Eileen Carroll Deputy Director, Adult Programs Division, CDSS
9 SB 855 IHSS Program 1 Allows for paid overtime in the IHSS program 2 Allows for a 3 month grace period: Jan 1, 2015 March 31, Full implementation begins April 1, 2015
10 SB 855 IHSS Program, cont Defines a 7 day workweek: Sunday thru Saturday Paid travel (7 hours/week) for providers working with multiple recipients on same day New county assistance to providers and recipients who have multiple relationships
11 SB 855 IHSS Program, cont Flexibility to adjust recipients weekly hours Specifies recipient responsibilities to manage provider s work schedules and hire additional providers as needed Providers will need to submit timesheets within 2 weeks of end of work period for timely payment
12 SB 855 IHSS Program, cont Requires the state to inform consumers and providers of new requirements Allows CDSS to terminate providers who abuse overtime new procedures Requires CDSS to conduct a 24 month overtime study on implementation and impact
13 Implementation Schedule Implementation Activities Policy Development Communication June 2014 January 2015
14 Implementation Schedule for IHSS FLSA and Overtime June 14 July 14 Aug 14 Sept 14 Oct 14 Nov 14 Dec 14 Jan 15 Feb 15 Mar 15 Communications *Conference call discussion on SB 855 with counties and CAPA 6/25, 26 * Stakeholder Meetings continue from original meetings as well as small group Rapid Response Teams (RRTs) continued efforts 7/10, 17, 23, 29 Full Stakeholder Meetings Series July 28, 29, and August 15, 2014 *Information Letter to Recipients and Providers Fall 2014 *Other targeted mailings Winter 2014 Policy Development All requirements, application, operations and implementation related to: overtime, cap, travel, timesheets, provider terminations, county support and technical assistance, county and recipient adjustments, workweek agreements, defining reasonable for adjustments etc. *Coordinated with all Stakeholder Activity June-Sept *Implementation ACL release of all activities Fall 2014 IHSS System Activities for Implementation *New Timesheet 14 pt font *Testing for new Timesheet (pilot county test) Fall 2014 *New Timesheet Processing Implemented Dec *System options developed for county adjustment process Fall Testing and Implementation of options/solutions by Jan *New reconciliation processes for provider payroll due to adjustments by Jan *System design, testing and implementation of policy changes due to stakeholders and ACLs, etc. June 2014 Jan 2015 Jan Nov 2014 June 2014 Jan 2015 CDSS, Adult Programs Division
15 Waiver Personal Care Services (WPCS) and FLSA Implications John Shen Chief, Long-Term Care Division, DHCS
16 Department of Health Care Services Waiver Personal Care Services (WPCS) WPCS is covered under the Nursing Facility/Acute Hospital waiver for MediCal recipients living at home w/ high care needs Includes additional supervision and personal care over and above IHSS authorized services Used by approximately 1,350 participants Average 430 hours (IHSS and WPCS)/participant /month
17 Department of Health Care Services Waiver Personal Care Services (WPCS) Waiver participants are required to identify multiple IHSS/WPCS providers to ensure that each provider does not exceed 12 hours work day (for quality of care) To manage overtime under the new rules, waiver participants will: Expand the number of IHSS/WPCS providers; Establish work schedules among the providers;
18 Department of Health Care Services Waiver Personal Care Services (WPCS) Individual waiver participants who reach their annual waiver expenditure, a feature of this waiver, because of the implementation of FLSA rules, will not experience reduction of services that will put them at risk of health and safety or being institutionalized. DHCS nurses will work with waiver participants and their families to ensure care needs are met while living at home.
19 SB 855 IHSS Operations & Policy Considerations Hafida Habek Chief, Policy & Quality Assurance Branch
20 Flexibility Welfare and Institutions Code Section (b)(4) Allows a recipient, or his/her authorized representative, to authorize a provider to work more than the recipient s weekly authorized hours without county approval under certain circumstances: Welfare and Institutions Code Section (b) Allows a recipient or his/her authorized representative to request county approval to adjust the recipient s weekly authorized hours under certain circumstances. CDSS Adult Programs Division 20
21 CONSEQUENCES Welfare and Institutions Code Section (b)(5) Allows CDSS and the counties to terminate an IHSS provider for repeated violations of the workweek requirements: First and Second Violation: Written warning Third Violation: Six-month suspension Fourth Violation: One-year suspension Violations are cumulative and will reset when a provider reenrolls after a one-year suspension. CDSS Adult Programs Division 21
22 TECHNICAL SUPPORT Senate Bill 855 requires CDSS to inform recipients and providers of the limitations and requirements of the new law. CDSS is also required to issue implementing guidance and processes to counties. IN-HOME SUPPORTIVE SERVICES (IHSS) PROGRAM PROVIDER WORKWEEK AND TRAVEL TIME AGREEMENT CDSS is developing a new form to ensure providers and recipients adhere to the work week and travel time requirements. CDSS Adult Programs Division 22
23 Thank you For your Participation Please send your questions and feedback to: For today s material and other FLSA related stakeholder meetings and information, please visit:
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