Providing IHSS for Multiple Children
Yes, a parent may generally serve as the IHSS provider for more than one child who receives services. Each child must have an individual IHSS case, be authorized for services, and designate the parent as a provider.
The parent must also complete the IHSS provider-enrollment process and comply with the workweek, overtime, timesheet, and service-hour rules that apply when one provider works for multiple recipients.
Each Child Must Qualify Separately
Having one child who receives IHSS does not automatically make another child eligible. The county must separately assess each child’s disabilities, functional limitations, authorized services, and monthly hours.
The assessment may consider information from the parent, child, physicians, therapists, family members, and other professionals. After completing the assessment, the county issues a Notice of Action identifying the services and hours authorized for that particular child.
A parent providing services for two children will therefore have:
- A separate IHSS case for each child
- Separate authorized services and hours
- Separate provider assignments
- Separate timesheets
- Separate approvals for each timesheet
Hours authorized for one child cannot simply be transferred to the other child.
Can a Parent Be the Provider?
Current California rules allow minor recipients enrolled in the Community First Choice Option, IHSS Plus Option, or IHSS Residual program to select a parent as their provider, provided that the parent successfully completes provider enrollment.
The previous rules requiring a parent to leave or be prevented from obtaining full-time employment were eliminated. Minor recipients generally now have access to the provider of their choice in the same manner as adult recipients.
An important exception applies to minor recipients enrolled in the Personal Care Services Program, commonly called PCSP. Federal restrictions continue to prevent a parent from being the paid provider for a minor child enrolled in that program. Counties should consider the family’s preference for a parent provider when determining the appropriate IHSS subprogram.
Parents should tell the county that they want to serve as the provider for each child so the correct provider assignment and program funding can be established.
Provider Enrollment Is Still Required
Being the child’s parent does not eliminate the regular provider-enrollment requirements.
A parent who wants to receive payment must generally:
- Complete the Provider Enrollment Form
- Present the required identification and Social Security documentation
- Complete provider orientation
- Sign the Provider Enrollment Agreement
- Complete the required criminal background check
- Meet federal employment-authorization requirements
Once enrolled, the parent must be assigned as a provider to each child’s case. The provider-enrollment rules remain separate from the rules determining whether the parent may be selected as the child’s provider.
The 66-Hour Weekly Limit
When one provider works for two or more IHSS recipients, California generally limits that provider to a combined total of 66 hours per workweek.
This is a provider-level limit. It applies to the total hours the parent claims for all children and any other IHSS or Waiver Personal Care Services recipients for whom the parent works.
For example, suppose a parent is assigned:
- 35 weekly hours for one child
- 40 weekly hours for another child
The combined assignment is 75 hours. Unless an exemption applies, the parent generally cannot personally work and claim all 75 hours during the same workweek. The family may need another enrolled provider to perform the remaining authorized services.
An IHSS workweek begins at 12:00 a.m. on Sunday and ends at 11:59 p.m. on Saturday. Providers working for multiple recipients are responsible for keeping their combined hours within the applicable weekly limit.
Overtime After 40 Hours
An IHSS provider is generally paid overtime when the provider works more than 40 hours during a workweek.
A parent working for two children might therefore receive regular pay for the first 40 combined hours and overtime pay for additional authorized hours, subject to the 66-hour weekly limit.
Overtime eligibility does not authorize a provider to exceed:
- Either child’s authorized monthly hours
- Either child’s maximum weekly hours
- The provider’s combined 66-hour limit
- Any schedule or overtime restriction requiring county approval
Working unauthorized overtime or exceeding the workweek limits can result in program violations. Repeated violations may eventually affect the provider’s ability to continue working through IHSS.
What If the Children Have More Than 66 Combined Hours?
The children do not lose their remaining authorized hours merely because one parent reaches the provider limit. However, another enrolled provider may need to work the hours that the parent cannot claim.
Another provider might be:
- The other parent
- An adult sibling
- Another relative
- A trusted family friend
- A provider located through the county Public Authority registry
The additional person must complete provider enrollment and be formally assigned to the appropriate child’s case before receiving payment.
Families should not submit all of the hours under one parent’s name when the parent is not legally permitted to work that number of hours. The children’s authorized hours and the parent’s provider workweek limit are separate issues.
Are Exemptions Available?
Some providers who work for multiple recipients may qualify to exceed the usual 66-hour limit.
Live-In Family Care Provider Exemption
The Live-In Family Care Provider Exemption can permit qualifying providers to work up to 90 hours per week and 360 hours per month.
However, this exemption is largely grandfathered. The provider generally must have been serving two or more qualifying live-in family-member recipients on or before January 31, 2016. Providers assigned after that date generally cannot qualify for this exemption.
Extraordinary Circumstances Exemption
The Extraordinary Circumstances Exemption may permit a provider to work up to 90 hours per week and 360 hours per month for multiple recipients.
Each recipient served by the provider must generally satisfy at least one of the following conditions:
- The recipient has complex medical or behavioral needs that must be met by a provider living in the home
- The recipient lives in a rural or remote area where other providers are limited
- The recipient cannot locate a provider who speaks the language needed to direct their care
The recipients must also generally make reasonable attempts to locate and hire additional providers. Prior attempts that negatively affected a recipient’s health or safety may be considered. The provider or recipients may submit the SOC 2305 exemption request to the county IHSS office.
A parent caring for multiple children with complex medical or behavioral needs may want to ask the county whether the Extraordinary Circumstances Exemption could apply.
Protective Supervision May Be Prorated
Families with more than one child receiving Protective Supervision should understand the rules for shared supervision.
When two or more IHSS recipients live together and both require Protective Supervision, California generally treats the supervision as a common need and prorates it between the recipients. The county should still assess each child’s individual need, but it does not necessarily authorize a full, separate block of Protective Supervision for each child during the same period.
For example, a parent cannot ordinarily claim that they simultaneously provided one full hour of Protective Supervision to each child and receive payment for two hours during the same one-hour period.
However, personal care, paramedical services, transportation, and other individualized services should be assessed according to each child’s individual needs. One child may require substantially more hands-on care or intervention than the other.
Parents should carefully review how the county divided any shared Protective Supervision hours and whether each child’s individual needs were accurately documented.
Keep Each Child’s Hours Separate
A parent provider should maintain a clear record of which services were performed for each child.
Helpful records include:
- A separate daily care log for each child
- Each child’s Notice of Action
- Each child’s authorized-services notice
- Medical and therapy appointment records
- Paramedical-service documentation
- School and program schedules
- A weekly calendar showing hours worked for each child
- Copies of submitted and approved timesheets
Do not claim time for a service that was not authorized for that child. Do not claim the same period twice merely because both children were present.
Providers may only be paid for the authorized services actually provided to the recipient who assigned them. Timesheets should reflect the hours worked for that specific recipient.
Workweek Agreements for Multiple Recipients
The Provider Workweek and Travel Agreement, or SOC 2255, helps providers who work for multiple recipients organize their weekly schedule and remain within the workweek limit.
The agreement identifies the recipients served and the hours the provider expects to work for each one. If the provider travels directly from one recipient’s location to another recipient’s location on the same day, the form may also address compensable travel time.
Travel time is generally limited to seven hours per workweek. This issue may not arise when siblings live together, but it can matter when the children live in different households or the provider works for additional recipients elsewhere.
The schedule may need to be updated when there is a permanent change in the recipients served or the provider’s regular work schedule.
What Parents Should Do
A parent planning to provide IHSS for more than one child should:
- Confirm that each child has been separately approved for IHSS.
- Tell each child’s social worker that the parent wants to serve as the provider.
- Confirm that each child is enrolled in a program that permits a parent provider.
- Complete all provider-enrollment requirements.
- Obtain each child’s authorized-hours and services notice.
- Ask the county for the parent’s combined weekly work limit.
- Complete any required workweek agreement.
- Determine whether another provider is needed.
- Ask about an Extraordinary Circumstances Exemption when the combined hours exceed 66.
- Track and submit each child’s hours separately.
Talk to an IHSS Attorney or Advocate
A parent can generally serve as the IHSS provider for more than one child, but the arrangement may become complicated when the children have substantial authorized hours, shared Protective Supervision, paramedical needs, or different IHSS funding programs.
An IHSS attorney or qualified advocate can review the children’s Notices of Action, confirm whether hours were properly prorated, evaluate the provider’s combined workweek limit, and determine whether an overtime exemption may be available.
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