Report 2020-109 Recommendation 4 Responses

Report 2020-109: In-Home Supportive Services Program; It Is Not Providing Needed Services to All Californians Approved for the Program, Is Unprepared for Future Challenges, and Offers Low Pay to Caregivers (Release Date: February 2021)

Recommendation #4 To: Social Services, Department of

To help ensure that all recipients throughout the State receive prompt approval for services and receive all approved services, by August 2021 and annually thereafter, Social Services should require counties to submit required annual plans. These plans should include, at a minimum, a description of how each county will ensure that services are promptly approved and that recipients promptly receive the approved services.

Annual Follow-Up Agency Response From December 2022

Social Services did not report a change to this recommendation's status in 2022.

California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement

1-Year Agency Response

No change to the previous response.

California State Auditor's Assessment of 1-Year Status: Will Not Implement

The Department of Social Services has indicated it does not have changes to provide from its previous response.

6-Month Agency Response

No change to the previous response.

California State Auditor's Assessment of 6-Month Status: Will Not Implement

The Department of Social Services has indicated it will not implement this recommendation.

60-Day Agency Response

The CDSS plans to repeal the regulation that requires counties to submit annual county plans. The requirement for county plans is an outdated regulation from when services were primarily provided by county homemakers that are employed and directed by the county. As the program evolved to a self-directed model, and recipients became responsible for the hiring and directing of the care provider, county plans were no longer meaningful as the county does not control the service provision of the program.

The CDSS plans to also repeal the regulation regarding 15 days from application to provision of services. As a self-directed program, IHSS recipients are responsible for managing their own care. Recipients sign an SOC 332 (IHSS Recipient/Employer Responsibility Checklist) at their assessment that states it is the recipient's responsibility to hire and manage their own provider and direct how and when they receive their services. Counties have no authority to hire a provider for a recipient. The county ensures recipients are assessed and authorized for services; it then becomes the recipient's responsibility to hire a provider.

Regarding the requirement to approve IHSS applications in 30 days, the CDSS is in the process of revising regulations to include the new statutory requirements for an IHSS applicant to complete a Medi-Cal eligibility determination and health care certification prior to authorization of IHSS. Both requirements allow 45 days for the applicant to complete and run concurrently.

Lastly, the CDSS has established Quality Assurance and Monitoring Units and a Program Integrity Unit which is responsible for monitoring counties in the areas which they are responsible for (application processing, assessing recipients and authorizing hours correctly, conducting reassessments timely, etc.) and will continue to do so.

California State Auditor's Assessment of 60-Day Status: Will Not Implement

We are disappointed that the Department of Social Services has indicated that it will not require counties to comply with state law which obligates each county to ensure that services are provided to all eligible recipients during each month of the year in accordance with the county plan.

All Recommendations in 2020-109

Agency responses received are posted verbatim.