IHSS Workweek Limits and Violations 2 — Questions and Answers
Question 1: An IHSS provider works for two different recipients in the same workweek. How is the 66-hour workweek limit applied?
- Each recipient's hours are tracked separately with no combined limit
- The 66-hour limit applies to the provider's total hours across all recipients combined (Correct answer)
- The limit doubles to 132 hours when working for two recipients
- Only the primary recipient's hours count toward the limit
Correct answer: The 66-hour limit applies to the provider's total hours across all recipients combined
The 66-hour workweek limit applies to a provider's total IHSS hours across all recipients in a single workweek.
Question 2: What is the consequence for a provider who knowingly submits timesheets claiming more hours than actually worked?
- A written warning for the first offense
- Termination from IHSS and potential criminal fraud charges (Correct answer)
- Repayment of overpaid wages only
- Suspension for 30 days without pay
Correct answer: Termination from IHSS and potential criminal fraud charges
Submitting false timesheets constitutes fraud, which can result in removal from IHSS and criminal prosecution.
Question 3: Under IHSS rules, what happens if a recipient needs more care hours than a single provider's workweek limit allows?
- The recipient must reduce their authorized hours to match one provider's limit
- A second provider can be authorized to cover the remaining hours (Correct answer)
- The county automatically increases the provider's weekly limit
- The recipient is transferred to a facility instead
Correct answer: A second provider can be authorized to cover the remaining hours
Recipients whose care needs exceed one provider's limit can have multiple providers share the authorized hours.
Question 4: A provider's regular workweek runs Monday through Sunday. If they work 10 hours on Sunday and the next Sunday they work 10 more hours, how many of those 20 hours count toward the same workweek?
- All 20 hours count in one workweek
- Only the first 10 hours count; the second Sunday starts a new workweek
- 10 hours count in each separate workweek (Correct answer)
- None count because Sundays are excluded
Correct answer: 10 hours count in each separate workweek
Each Sunday falls in its own workweek, so 10 hours count in each respective week.
Question 5: Which state agency oversees enforcement of the IHSS workweek hour limits and provider violations?
- California Department of Motor Vehicles
- California Department of Social Services (CDSS) (Correct answer)
- California Employment Development Department
- California Franchise Tax Board
Correct answer: California Department of Social Services (CDSS)
CDSS administers the IHSS program and is responsible for enforcing workweek limits and provider compliance.
Question 6: If a provider is found to have exceeded the workweek hour limit, what typically happens to the hours worked over the limit?
- They are paid at double the regular rate
- They are not reimbursable and the provider will not be paid for those hours (Correct answer)
- They roll over to the following workweek
- They are paid out as a bonus at year end
Correct answer: They are not reimbursable and the provider will not be paid for those hours
Hours worked beyond the authorized workweek limit are not reimbursable under IHSS, meaning the provider will not receive payment for those hours.
Question 7: A recipient's authorized hours are 50 per week. Their provider works all 50 hours but also works an additional 20 hours of unauthorized tasks. How many hours can the provider be paid for?
- 70 hours, since total hours are under the 66-hour cap
- 50 hours, only the authorized hours (Correct answer)
- 66 hours, up to the workweek cap
- 20 hours, since only overtime counts
Correct answer: 50 hours, only the authorized hours
Providers are only paid for hours that are authorized in the recipient's care plan, regardless of the workweek cap.
IHSS Workweek Limits and Violations 2
An IHSS provider works for two different recipients in the same workweek.
How is the 66-hour workweek limit applied?