CAPA Compilation of Comments â DRAFT on ... - IHSS Coalition

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• Question or Concern - comment, is this legal. If a provider worked and has subsequently been deemed eligible, can we limit the time What about the situation when the provider through no fault <strong>of</strong> their own takes longer than 90 days (DOJ delay notice) we would not be obligated to pay them • Suggestion - Seek legal counsel guidance as to labor laws. So long as the provider completed all requirements and does not fall under a Tier I then the person could be paid retroactively back to the date the Recipient would have been eligible to IHSS. For Tier I or Tier II Appeals with the state DSS, they would only be eligible from the date a decision was rendered by their Appeals Officer, and would not be retroactive. Page 4/Section B • Question or Concern – This puts an enormous responsibility on the “background check entity” (County or PA) to gather and interpret information. For example, why will a court in Los Angeles give this information to the PA <strong>of</strong> Stanislaus County Who would be contacted Is there going to be an <strong>of</strong>ficial form for this developed Any conviction (felony/ misdemeanor) or only felony convictions to be followed up on • Suggestion – pursue Legislative remedy and develop uniform statue regarding charges for fraud against government health care or supportive services. The purpose <strong>of</strong> the Subsequent Arrest notice is to alert the Home County <strong>of</strong> any further arrests or convictions. Per ACL10-59 it is the Home or originating County who is responsible to notify any subsequent county <strong>of</strong> any convictions that would disqualify (Tier I or II) the Provider in the new county. Page 5/Section 2 • Question or Concern – Again this puts an additional workload on the “background check entity”. Will Immigration Services quickly (keeping the 90 timeframe in mind) provide this information to counties/PA • Suggestion – make it the responsibility <strong>of</strong> the applicant provider If is the responsibility <strong>of</strong> the Applicant Provider to submit the required documentation to the Public Authority. If the Applicant Provider cannot provide a valid government issued identification, Social Security Card or pro<strong>of</strong> <strong>of</strong> Legal Permanent Residency then they cannot be a paid IHSS Provider. Page 5/Section 2A • Question or Concern –Recipient required to keep documents secure “or what” Will they be removed from IHSS, have some criminal or civil penalty What if the recipient dies or is incapacitated • Suggestion – remove this requirement, it is unnecessary, the counties/PA have this information Page 6/Section (after E) • Question or Concern – add that the applicant provider watch the State Orientation Video
• Suggestion – above Page 6/Section .532 • Question or Concern – add that the copy can be an electronic copy • Suggestion – above, we are being buried in paper that requires physical space and resources to file and retrieve. Allowing e-copies is much more efficient. Page 8/Section A 1 • Question or Concern – this is creating a second process, the DOJ process, where records are kept secure and can’t be shared and the “Originating County” is required to send all notices and the court documents process where results can be shared with all counties so the other counties have to send the required notices. • Suggestion – just stick to one process and have the “Originating County” send all notices. Page 9/Section .652 • Question or Concern – the addition <strong>of</strong> 273 a & 273 d are expansions <strong>of</strong> the crimes and may not be allowable. • Suggestion – research or consult with legal counsel for opinion. Page 14/Section .922 a • Question or Concern – this appears to be a potential violation <strong>of</strong> DOJ requirements. DOJ Records must be kept in a secure location. Normally provider files are kept non-secure locations (available to all staff). This would require all files to be in DOJ secure locations and limit access to staff. • Suggestion – remove the requirement to keep DOJ records in provider files. I disagree. Provider DOJ’s should be kept in a locked and secured location with minimal number <strong>of</strong> staff having access. IHSS APPLICATION PROCESSES PG 1. (.12) Consider "referral" instead <strong>of</strong> "services" at beginning <strong>of</strong> sentence. Also, specify exception to this protected date <strong>of</strong> eligibility if the initial request/referral was incomplete. ________________________________________ REGULATIONS HC CERT DOCUMENT PG. 1 30-752
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CAPA Compilation of Comments â DRAFT on ... - IHSS Coalition