IHSS Workweek Limits and Violations 3 — Questions and Answers
Question 1: What is the maximum number of hours per day an IHSS provider may work for a single recipient without triggering overtime under California law?
- 8 hours (Correct answer)
- 9 hours
- 10 hours
- 12 hours
Correct answer: 8 hours
California law generally considers hours worked beyond 8 in a single day as overtime for IHSS providers.
Question 2: A Live-In provider works 7 days a week for their recipient. Under IHSS overtime rules, what happens after 6 consecutive days of work in the same workweek?
- No overtime applies; all hours are paid at regular rate for live-in providers
- The 7th consecutive day is paid at double the regular rate for the first 8 hours (Correct answer)
- The provider must take the 7th day off by law
- The county reduces the recipient's authorization by one day
Correct answer: The 7th consecutive day is paid at double the regular rate for the first 8 hours
California law requires that all hours on the 7th consecutive day of a workweek be paid at double-time for the first 8 hours.
Question 3: Which of the following is a violation that could lead to a provider being placed on the IHSS Fraud Referral list?
- Requesting a schedule change from the recipient
- Signing a timesheet for hours not yet worked in advance (Correct answer)
- Submitting a timesheet two days after the pay period ends
- Asking the county about the overtime cap
Correct answer: Signing a timesheet for hours not yet worked in advance
Signing timesheets for hours not yet worked (pre-signing) is considered fraud and can result in referral to fraud investigation.
Question 4: Under the IHSS Workweek Limitation, what is the significance of the travel time between recipients for a provider who works for multiple recipients?
- Travel time is not counted and never affects the workweek limit
- Travel time between recipients is compensable and counts toward the workweek limit (Correct answer)
- Travel time is paid separately and excluded from the 66-hour cap
- Travel time doubles the provider's weekly limit
Correct answer: Travel time between recipients is compensable and counts toward the workweek limit
Approved travel time between IHSS recipients is compensable and counts toward the provider's total workweek hours.
Question 5: A county social worker discovers a provider has been regularly exceeding the 66-hour weekly limit. As a first step, the county will most likely:
- Immediately file criminal charges
- Contact the provider and recipient to review and correct the schedule (Correct answer)
- Revoke the recipient's IHSS authorization entirely
- Transfer the recipient to a nursing home
Correct answer: Contact the provider and recipient to review and correct the schedule
Counties typically first review and correct the schedule with the provider and recipient before pursuing further action.
Question 6: If an IHSS provider needs to appeal a decision that their hours exceeded the workweek limit, which process should they use?
- File a lawsuit in small claims court
- Request a State Hearing through the California Department of Social Services (Correct answer)
- Contact their local congressman
- Submit a complaint to the Better Business Bureau
Correct answer: Request a State Hearing through the California Department of Social Services
Providers and recipients can request a State Hearing to appeal IHSS-related decisions, including workweek limit determinations.
Question 7: What is the primary purpose of the IHSS workweek hour limit of 66 hours?
- To reduce the state's budget expenditures on wages
- To protect both providers and recipients from overwork and ensure quality care (Correct answer)
- To prevent recipients from receiving too much care
- To limit the number of providers who can work in the IHSS program
Correct answer: To protect both providers and recipients from overwork and ensure quality care
The workweek limit is designed to prevent provider burnout and maintain the quality and safety of care delivered to recipients.
IHSS Workweek Limits and Violations 3
What is the maximum number of hours per day an IHSS provider may work for a single recipient without triggering overtime under California law?