IHSS PA consumer handbook

Consumer Removal Policy

General Policy

The IHSS Public Authority reserves the right to remove a consumer from using Registry services after either two (2) validated minor offenses within a one-year period or one (1) validated major offense.

Minor Offenses include, but are not limited to, the following:

  • Discourteous, rude, demeaning, or inappropriate behavior toward the care provider or Registry staff, including any remarks of a racial or sexual nature or denigrating toward a religious preference, national origin, age, disability, political affiliation and single/marital status.
  • Demanding that the Registry refer a care provider of a certain race, gender, age, religion, marital or non-marital status.
  • Repeated pattern of not following through with Registry processes, including canceling interviews without notifying scheduled providers or Registry staff, not being available for scheduled interviews, not contacting Registry when a match has been made, etc.
  • Repeated pattern of not following through with employer obligations in general, including not signing enrollment forms and time sheets, and not being available when a care provider arrives for scheduled interviews, scheduled work hours, and/or appointments.
  • Repeated pattern of inappropriate calling of the care provider by telephone that compromises the care provider’s right to privacy.
  • Repeated pattern of making fictitious and unsubstantiated allegations against care providers for stealing, breaking items, ruining items, etc. 
  • Insisting that a provider perform tasks not authorized by IHSS, such as performing services for anyone other than the authorized consumer, such as a family member.
  • Demanding to be driven to unauthorized locations or at a frequency or duration unauthorized by the IHSS program.
  • Demanding that the care provider work unauthorized hours and at a greater frequency or duration than authorized by IHSS.
  • Insisting on the caring for pets (besides service animals) or doing yard work unless authorized by IHSS.

Major Offenses include, but are not limited to, the following:

  • Theft, forgery, dishonesty or misrepresentation related to being the employer of a provider.
  • On the job discrimination of a protected job class including race, national origin, age, sex, sexual orientation, disability, religion and political affiliation.
  • Fraudulent activities involving the use of the IHSS program.
  • Inappropriate contact with the care provider's family.
  • Sexual harassment or sexual abuse.
  • Physically abusing or assaulting a provider or knowingly putting the provider in jeopardy of physical danger.
  • Displaying a firearm or other dangerous weapon in a threatening manner.
  • Possession, use and/or offering illegal substances.
  • Refusing to pay share of cost after employing the care provider.
  • Refusing to sign legitimate time sheets.
  • Refusing to provide or submit required IHSS paperwork needed to initiate provider payroll process after utilizing the care provider for work.
  • Harassing of a care provider after termination of employment through the telephone or other means.

Procedures

  1. Complaints concerning a consumer may be made verbally or in writing. The Public Authority staff will document all complaints and outcomes.
  2. Prior to taking any action, the Public Authority staff will attempt to resolve the issue by consulting with others as needed. The consumer will be given notice of the complaint and an opportunity to respond.
  3. If the Public Authority staff determines a first minor offense to be valid, the consumer will be issued a verbal or written warning. 
  4. If the Public Authority staff determines either a second minor offense within a one-year period or a first major offense to be valid, the consumer will be removed from receiving Registry services.
  5. The consumer will receive written notification of his/her removal from the Registry, the reason(s) for removal and information about the appeal process. 
  6. A copy of the letter will be sent to the consumer's IHSS Social Worker, Social Worker Supervisor, and IHSS Program Manager

Appeal Process

  1. The consumer may appeal the Public Authority's action to the Public Authority Manager within 20 days of the mailing of the Registry removal notification letter. The Public Authority Manager has the discretion to extend the twenty-day timeframe if he/she deems it appropriate and reasonable. The appeal may be verbal or in writing and shall state why the consumer believes the Public Authority's action was incorrect. 
  2. Appeals shall include a review of the documentary evidence and, if requested, an informal hearing. An informal hearing may include testimony by the consumer, testimony by witnesses and presentation of any new documentary evidence.
  3. Within 20 days of receipt of consumer's appeal, the Public Authority Manager will make the final decision regarding the appeal and will send written notification to the consumer. This decision will be final.
  4. A copy of the letter will be sent to the consumer's IHSS Social Worker, Social Worker Supervisor and IHSS Program Manager. 

Request to Return to Services

  1. The IHSS consumer – or his/her advocate, or family member – who has been removed from services can make a written request to return to Registry services on an annual basis. 
  2. The request shall be submitted to the Public Authority Manager and must state why the IHSS consumer thinks he/she should be allowed to return to service, including information regarding significant changes of circumstance or behavior. 
  3. Within 20 days of receipt of the request, the Public Authority Manager will send written notification to the consumer of the decision to either approve or deny the request. This decision will be final.
  4. A copy of the letter will be sent to the consumer's IHSS Social Worker, Social Worker Supervisor and IHSS Program Manager. 

Contact Information

Adult and Aging Division
Human Services Department
Business Hours
Monday – Friday
8:00 AM – 5:00 PM
Address
3725 Westwind Boulevard
First Floor
Santa Rosa, CA 95403
38.510185, -122.796579