Updated Schedule of Final Round of Subcommittee Hearings As Budget Process Moves to Next Phase

Boldly lifted out of today's CD-CAN newsletter. Thanks Marty Omoto for keeping up up to date with the budget crisis. The Zombies clearly can't be bothered with keeping homecare members abreast of what is going on at the state capital.

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California Budget Crisis:

Updated Schedule of Final Round of Subcommittee Hearings As Budget Process Moves to Next Phase

Full Senate Budget Panel Will Meet Instead of Subcommittees on May 25^th on Human Services, Mental Health and Child Care; May 26^th  on Health Including Developmental Services and May 27 on Education

SACRAMENTO, CALIF (CDCAN) [Updated 05/24/2010  01:10 PM  (Pacific Time)] -  Both houses of the Legislature will hold their final budget subcommittee hearings Tuesday and Wednesday (and if needed, Thursday) this week, taking final action on several of the Governor’s major proposals impacting people with disabilities, mental health needs, the blind, seniors and their families, before the budget process heads to the next phase of “budget conference committee” hearings in early June.   

The full Senate Budget and Fiscal Review Committee will be meeting this week instead of its budget subcommittees, to take final action – though in the Assembly, their budget subcommittees will take final action this week. 

State Senate Full Budget Panel Will Meet Instead of Subcommittees

·         May 25^th - In the State Senate, the full Senate Budget and Fiscal Review Committee will meet tomorrow at 09:30 AM at the State Capitol in Room 4203 focusing on human service including mental health and childcare budget issues.

·         May 26^th - On Wednesday the full Senate budget panel will meet to hear health related budget issues including developmental services and take final action, instead of its five budget subcommittees (Disability Capitol Action Day)

·         May 27^th - It will hold what will likely be its final hearing to close out the Senate budget subcommittee phase of the budget process on Thursday (May 27) focusing on education issues.

Assembly Budget Subcommittees Will Meet This Week To Take Final Action

In the Assembly, its five budget subcommittees held hearings last week and took several final actions and will be  holding their final hearings on Wednesday (May 26^th)  and possibly Thursday to take any remaining final actions.  A copy of the Senate Budget and Fiscal Review Committee Agenda (24 pages) pdf file is attached to this CDCAN Report and can also be viewed and downloaded from the CDCAN website at www.cdcan.us

Action on Proposed Closure of Lanterman Developmental Center Likely This Week

Action on the proposed closure of Lanterman Developmental Center – which was previously heard by both houses in late April and early May, will likely be taken at this hearing on May 26^th by the full Senate Budget and Fiscal Review Committee and also by the Assembly Budget Subcommittee #1 on Health and Human Services also on May 26^th.

Actions by Both Houses Not Final

Actions by both the Senate and Assembly budget subcommittees – or full budget committees are not final however.  Actions by both subcommittees or budget committees at this stage – especially if both agree, however does send a strong signal about the position of the Legislature on a particular proposal by the Governor. 

The process heads to the next phase – the budget conference committee (a joint committee of 6 members, 3 from each house) to work out any different actions that either house took.  That phase lasts through most of June – and then the budget process goes to the Assembly and Senate floor, where it will likely remain until a budget agreement is reached with the Governor and the legislative leaders.  A long budget stand-off, given the enormity of the budget deficit, is seen as certain, to probably last through the summer. 

MAY 25^TH  SUMMARY OF SENATE BUDGET & FISCAL REVIEW COMMITTEE AGENDA

Copy of this 24 page agenda is attached to this CDCAN Report and can be downloaded also from the CDCAN website at www.cdcan.us

HUMAN SERVICES AND CHILDCARE

1. Department of Alcohol and Drug Programs (Budget Item 4200)

* Elimination of Drug Medi-Cal Services, with the Exceptions of Perinatal and Minor Consent Programs

* Elimination of Funding for Offender Treatment Program

2. Department of Social Services (Budget Item 5180)

* Elimination of CalWORKs

* CalWORKs Grant Reduction

* Elimination of CalWORKs Recent Noncitizen Entrants Program (RNE)

3. Department of Social Services (Budget Item 5180) and California Department of Education (Budget item 6110) – Child Care Issues only

* Eliminate General Fund for Child Care Programs and Shift CalWORKs Child Care to the Alternative Payment Program (Issue 326)

* Regional Market Rate (RMR) Reduction

* Reduce Income Eligibility (Issue 323)

* CalWORKs Stage 3 Reduction (Issue 323)

* Adjust CalWORKs Child Care Caseload Funding (Issue 325)

* Negative COLA [“cost of living adjustment”]

* Proposed Plan to Recover Improper Payments from Child Care Programs (Issue 329)

4. Department of Social Services – continued (Budget Item 5180)

* In-Home Supportive Services “Cost Containment”

* SSI/SSP Grant Reduction

* Elimination of CA Food Assistance Program and Cash Assistance Program for Immigrants

* Redirection of County Savings

* Shift of County Mental Health Realignment Funds to Child Welfare Services and to Food Stamp Admin

5. Department of Mental Health (Budget Item 4440)

* Special Education Mental Health Services (AB 3632)

RESOURCES AND TRANSPORTATION BUDGET ISSUES

1. Department of Parks and Recreation (Budget Item 3790)

* Funding State Parks

2. Department of Transportation (Budget Item 2660)

* Defer Transportation Loan Repayment

* New Transportation Loan from net new “Fuel Swap” revenue

2740 Department of Motor Vehicles (Budget Item 2740)

* Motor Vehicle Account Loan to General Fund

FINAL SUBCOMMITTEE AND FULL COMMITTEE HEARINGS THIS WEEK

Please note: hearing dates and times are always subject to change.  For persons unable to attend the hearing today, phone numbers and addresses of both Senate and Assembly subcommittee health and human services members are listed below in this report for persons to send or call in their comments.  Given the volume of emails, comments or inquiries by email generally are not useful unless a person knows the staff person or the legislator. 

TODAY - MAY 24, 2010 – MONDAY

ASSEMBLY BUDGET SUBCOMMITTEE #1 ON HEALTH AND HUMAN SERVICES

***Hearing cancelled***

SENATE BUDGET SUBCOMMITTEE #3 ON HEALTH AND HUMAN SERVICES

TIME: 01:30 PM or immediately after Senate Appropriations Committee hearing ends [that committee is scheduled to meet at 11:00 AM]

WHERE:  State Capitol – Room 4203

WHAT WILL BE HEARD

Governor’s May Revised Budget proposals and “open” issues:

* Secretary for California Health and Human Services Agency (Budget Item 0530)

* Office of Statewide Health Planning and Development (Budget item 4140)

* Department of Aging (Budget Item 4170)

* Department of Alcohol and Drug Programs (Budget Item 4200)

* Department of Child Support Services (Budget Item 5175)

* Department of Social Services (Budget Item 5180)

* Other departments as necessary

PUBLIC TESTIMONY:  Yes – though not likely on items “for vote only” or items previously heard

PRIORITY:  HIGH

SHOULD PEOPLE COME TO THIS HEARING:  Yes if you are able to

CDCAN COMMENT: “Open” issues refers to issues this subcommittee has previously heard earlier this year but still needs to take action on.  This will be the last hearing for the year for this budget subcommittee. – the full Senate Budget and Fiscal Review Committee will meet May 25^th and May 26^th to take final action on any remaining “open” issues that the Senate budget subcommittees did not yet take. 

MAY 25, 2010 – TUESDAY

ASSEMBLY BUDGET SUBCOMMITTEE #1 ON HEALTH AND HUMAN SERVICES

***Hearing cancelled***

SENATE BUDGET & FISCAL REVIEW COMMITTEE

TIME: 09:30 AM

WHERE:  State Capitol – Room 4203

WHAT WILL BE HEARD

Governor’s May Revised Budget proposals and “open” issues:

Human Services (including Mental Health)  and Child Care Budget Items:

* Alcohol and Drug Programs (Budget Item 4200)

* Department of Social Services  (Budget Item 5180)

* Department of Education – Child Care Issues only  (Budget Item 6110)

* Other Department of Social Services Issues including SSI/SSP, IHSS (Budget Item 5180)

* Department of Mental Health (Budget Item 4440)

Resources Budget Items

* Department of Parks and Recreation (Budget Item 3790)

Transportation Budget Items

* Department of Transportation (Budget Item 2660)\

* Department of Motor Vehicles  (Budget Item 2740)

General Government Budget Items and Other Departments As Necesssary

PUBLIC TESTIMONY:  Yes – though not likely on items “for vote only” or items previously heard (it is always up to the committee chair)

AGENDA AVAILABLE; Yes – attached to this report and also on the CDCAN website at www.cdcan.us

PRIORITY:  VERY HIGH

SHOULD PEOPLE COME TO THIS HEARING:  Yes if they can – though not if coming from out of the Sacramento area. 

CDCAN COMMENT: “Open” issues refers to issues this subcommittee has previously heard earlier this year but still needs to take action on. All the Senate Budget subcommittee hearing dates scheduled on this date and Wednesday have been cancelled with the full Senate Budget and Fiscal Review Committee meeting and taking action instead. 

MAY 26, 2010 – WEDNESDAY

ASSEMBLY BUDGET SUBCOMMITTEE #1 ON HEALTH AND HUMAN SERVICES

TIME: 09:00 AM

WHERE: State Capitol – Room 4202

WHAT WILL BE HEARD:

Governor’s May Revised Budget Proposals and “Open” Issues

·         Human services budget items

·         Health budget items including developmental services budget items

PUBLIC TESTIMONY:  Yes – though not likely on items “for vote only” or items previously heard

PRIORITY:  HIGH

SHOULD PEOPLE COME TO THIS HEARING:  Yes if they can – though not if coming from out of the Sacramento area. 

CDCAN COMMENT: “Open” issues refers to issues this subcommittee has previously heard earlier this year but still needs to take action on.  Full Senate budget committee is scheduled to hold its final hearing during this phase of the budget process on this same day and beginning just 30 minutes later.

SENATE BUDGET & FISCAL REVIEW COMMITTEE

TIME: 09:30 AM

WHERE:  State Capitol – Room 4203

WHAT WILL BE HEARD

Governor’s May Revised Budget proposals and “open” issues:

Health Budget Items

* Department of Health Care Services - Medi–Cal (Budget Item 4260)

* Department of Public Health (Budget Item 4265)

* Managed Risk Medical Insurance Board (Budget Item 4280)

* Department of Mental Health (Budget Item 4440)

Judicial, Corrections and Public Safety Budget Items

* Judicial Branch (Budget Item 0250)

* California Emergency Management Agency (Budget Item 0690)

* Department of Justice  (Budget Item 0820)

* Dept of Alcoholic Beverage Control  (Budget Item 2100)

* Dept of Corrections and Rehabilitation  (Budget Item 5225)

Other Departments As Necessary

PUBLIC TESTIMONY:  Yes – though not likely on items “for vote only” or items previously heard – it is always up to the committee chair

AGENDA AVAILABLE: Not yet

PRIORITY:  VERY HIGH

SHOULD PEOPLE COME TO THIS HEARING:  Yes if they can – though not if coming from out of the Sacramento area. 

CDCAN COMMENT: “Open” issues refers to issues this subcommittee has previously heard earlier this year but still needs to take action on. 

MAY 27, 2010 – THURSDAY

ASSEMBLY BUDGET SUBCOMMITTEE #1 ON HEALTH AND HUMAN SERVICES

TIME: 09:00 AM

WHERE: State Capitol – Room 4202

WHAT WILL BE HEARD: Any remaining“Open” Issues

PUBLIC TESTIMONY:  Yes – though not likely on items “for vote only” or items previously heard

PRIORITY:  HIGH

SHOULD PEOPLE COME TO THIS HEARING:  Yes if they can – though not if coming from out of the Sacramento area. 

CDCAN COMMENT: “Open” issues refers to issues this subcommittee has previously heard earlier this year but still needs to take action on.  This Assembly budget subcommittee hearing is scheduled but may not be held if all “open” issues were taken up and acted on the previous day. 

SENATE BUDGET & FISCAL REVIEW COMMITTEE

TIME: 09:30 AM or upon adjournment of the State Senate floor session

WHERE:  State Capitol – Room 4203

WHAT WILL BE HEARD:

K–12 EDUCATION

* California Department of Education (Budget item 6110)

HIGHER EDUCATION

* University of California (Budget Item 6440)

* California State University (Budget Item 6610)

* California Community Colleges (Budget Item 6870)

* Student Aid Commission (Budget Item 7980)

REVENUES

EMPLOYEE COMPENSATION

OTHER DEPARTMENTS AS NECESSARY

PUBLIC TESTIMONY:  Yes – though not likely on items “for vote only” or items previously heard – it is always up to the committee chair

AGENDA AVAILABLE: Not yet

PRIORITY:  VERY HIGH

SHOULD PEOPLE COME TO THIS HEARING:  Yes if they can – though not if coming from out of the Sacramento area. 

CDCAN COMMENT: “Open” issues refers to issues this subcommittee has previously heard earlier this year but still needs to take action on.  This is likely the final hearing of the Senate Budget and Fiscal Review Committee to close out the Senate budget subcommittee phase of the budget process. 

State senate subcommittee meetings May 3 & 5, 2010

I just got this in my inbox last night at 6:20, even so if you can go then by all means do so! Thanks to Marty Omoto for this valuable information. If you want to learn more check out his website www.cdcan.us.

California Budget Crisis:

ASSEMBLY BUDGET SUBCOMMITTEE #1 HEARING MAY 3

MENTAL HEALTH BUDGET ISSUES ON AGENDA

CAPI GRANT PROGRAM PROPOSAL TO BE HEARD

Issues to Be Heard Include Updates on Mental Health Services Medicaid Waiver;  Mental Health Services Oversight & Accountability Commission; Early and Periodic Screening Diagnosis and Treatment Program (EPSDT); Governor’s Proposal to Eliminate State Funded Cash Assistance for Immigrants (CAPI) Program  and California Food Assistance Program To Be Heard – No Action Likely Until Later Hearing in May.

SACRAMENTO, CALIF (CDCAN) [Updated 05/01/2010  04:16  PM  (Pacific Time)] -   The Assembly Budget Subcommittee #1 on Health and Human Services will meet next on May 3^rd (Monday) at 1:30 PM in the State Capitol in Room 127 dealing with certain budget issues under the Department of Mental Health including the Mental Health Services Oversight and Accountability Commission, and overview of major community based program areas including Early and Periodic Screening, Diagnosis and Treatment Program (EPSDT). 

The subcommittee will also hear three budget proposals by the Governor impacting programs under the Department of Social Services including the proposed elimination of the Cash Assistance Program for Immigrants (CAPI) that provides small grants to legal immigrants with disabilities, the blind and seniors who do not qualify for the SSI/SSP (Supplemental Security Income/State Supplemental Payment) program. 

A copy of the 47 page agenda is available for viewing or downloading from the CDCAN website at www.cdcan.us

Most Budget Issues on Agenda Will Be Held “Open” Until Later Hearing in May

Like the Senate Budget Subcommittee #3 on Health and Human Services hearing held April 29^th, except for a few non-controversial items, nearly all of the budget subcommittee agenda issues and proposals up for discussion and hearing are either updates (meaning no action) or proposals that will likely be held “open” – meaning no action taken until a later subcommittee hearing in May that is held after the release of the Governor’s May14th budget revisions.  Those budget revisions – referred to as either the “May Revise” or the “May Revision” – will include the latest up to date budget spending and revenue numbers, likely new proposals for spending cuts and other budget changes.

Assembly Budget Subcommittee Membership

The Assembly Subcommittee #1 on Health and Human Services membership consists of 4 Democrats and 2 Republicans:

Democrats:  Assemblymember Dave Jones (Democrat – Sacramento, 9^th Assembly District);  Jim Beall, Jr (Democrat – San Jose, 24^th Assembly District); Wes Chesbro (Democrat – Eureka, 1^st Assembly District) and Hector De La Torre (Democrat – South Gate, 50^th Assembly District)

Republicans:  Assemblymember Bill Emmerson (Republican – Hemet, 63^rd Assembly District) and Brian Nestande (Republican – Palm Desert, 64^th Assembly District)

May 3^rd Assembly Subcommittee #1 Agenda

The agenda is divided into two sections

·         “Consent Items”, which are those budget issues that have no opposition and are not controversial.  There are 4 items under this section that the subcommittee – unless there is objection from one of the members – will approve in one roll call vote.  There is no public testimony for items in this section.

·         The second section are “Items to Be Heard” which include discussion on the Governor’s proposals, and also updates on various programs and services under the Department of Mental Health that were impacted by reductions as a result of the 2009-2010 State Budget approved in February 2009 and revised in July 2009.

·         Representatives of the two state departments, the Governor’s Department of Finance (DOF) , staff from the non-partisan Legislative Analyst Office (LAO) will be present to provide information or answer questions from the subcommittee. 

·         There will be time for brief public testimony for each item under the second section (“Items to Be Heard”). 

CONSENT ITEMS

Department of Mental Health (Budget Item 4440)

1.      Transfer Traumatic Brain Injury Responsibilities [Note: transfer to Department of Rehabilitation, as required by AB 398 in 2009]

2.      Transfer of San Mateo Pharmacy and Laboratory Services Program

3.      Convert State Counsel Position to Permanent

Office of Statewide Health Planning and Development (Budget Item 4140)

1.      Mental Health Loan Assumption Awards Program

ITEMS TO BE HEARD

Mental Health Services Oversight & Accountability Commission (Budget Item 4560)

Overall background

1.      Independence of the MHSOAC (Mental Health Services Oversight and Accountability Commission)

Department of Mental Health (Budget Item 4440)

1.      Pro-Rata Proposition 63 Administration Reduction

2.      Proposition 63 Fund Shift to Department of Mental Health

3.      Care Giver Resource Centers [Note: update on impact 2009-2010 State budget reduction and additional cut from Governor’s line item veto last July]

4.      Office Patient Rights

5.      Request for Increase in Department of Mental Health Legal Positions

Overview of Department of Mental Health and Discussion of Major Program Areas (Note: includes overviews and status of the Mental Health Services Medicaid Waiver, that was given a 1 year extension due to expire September 1, 2010; State Hospital issues; update on Civil Rights for Institutionalized Persons Act (CRIPA); Medi-Cal Mental Health Managed Care; overview and update on the Early Periodic, Screening, Diagnosis and Treatment (EPSDT) program)

Department of Social Services (Budget Item 5180)

1.      Cash Assistance Program for Immigrants (CAPI) [Note: Governor is proposing elimination of this program – subcommittee staff is recommending that this proposal be held “open” – meaning no action taken – until a subcommittee hearing that is held after the release of the Governor’s budget revisions that are scheduled to be released on May 14^th]

2.      California Food Assistance Program (CFAP)  [Note: Governor is proposing to eliminate this program that serves over 37,000 legal immigrants.  Like the CAPI proposal, subcommittee staff is recommending that this item be held “open” until after the May 14^th  release of the Governor’s budget revisions. 

3.      Recent Noncitizen Entrants Program [Note: Governor is proposing to eliminate this program that serves over 24,000 persons.  Like the CAPI and CFAP proposals, the subcommittee staff is recommending holding this item “open” until after the May 14^th release of the Governor’s budget revisions.]

Assembly Subcommittee Will Also Meet May 5th

The Assembly Budget Subcommittee #1 on Health and Human Services will also hold a second hearing in the coming week covering In-Home Supportive Services (IHSS), SSI/SSP (Supplemental Security Income/State Supplemental Payment grants) and developmental services including proposed closure of Lanterman Developmental Center, on May 5, Wednesday afternoon at 1:30 PM, at the State Capitol in Room 444.  The May 5^th Assembly subcommittee portion of the agenda dealing  developmental services will cover the following:

·         Budget Change Proposal: Requesting Additional Resources to Increase Federal Funds Participation (this corresponds with April 29^th Senate Budget Subcommittee agenda item #4, in Part 2)

·         Update on 2009-10 Budget Reductions  (this corresponds to the April 29^th Senate Budget Subcommittee agenda item #1)

·         Deficiency Funding Request  (this corresponds to the April 29^th Senate Budget Subcommittee agenda item #3 dealing with transportation)  [Note: “Deficiency” refers to when a department goes over its approved budget and the Governor is requesting State general funds to cover it. The request has to be approved by the Legislature] 

·         $25 million Savings Target Plan  (corresponds with April 29^th Senate Budget Subcommittee agenda item #2, Part 2, which the Senate Budget Subcommittee held “open” until after the May 14^th release of the Governor’s budget revisions)

·         Update on Agnews Developmental Center Closure   (this was not part of the April 29^th Senate Budget Subcommittee Agenda)

·         April 1 Finance Letter – Lanterman Developmental Center Closure Plan (corresponds with April 29^th Senate Budget Subcommittee Agenda, Part 1. The Senate Budget Subcommittee held the issue of closure “open” delaying action until another hearing that will be held after the May 14^th release of the Governor’s budget revisions – but did approve several initial draft budget related language that deal with health and safety, employee, health clinic issues that relate to closure)

[note: “Finance Letter” refers to a notice or letter from the Governor’s Department of Finance to the Legislative budget committees that provides notice of an adjustment or other change in a budget item)

IHSS stakeholder meeting Thursday, February 11

Brazenly lifted from the latest CD-CAN email.

The California Department of Social Services Adult Programs Branch Policy Bureau will be hosting a stakeholder workgroup on the issue of In-Home Supportive Services (IHSS) Recipient Fingerprint Imaging to be held on Thursday, February 11, 2010, in the afternoon, 1:30 to 3:30 PM at the California Health and Human Services Data Center Auditorium, 9323 Tech Center Drive, Sacramento, CA .  The toll-free telephone number is 1-888- 622-5357, the pass code is 958453, Leader: Randy Shiroi

The meeting is being held to provide stakeholders with an opportunity to participate in the discussions regarding the development and implementation of the IHSS Fingerprint Imaging required by ABx4 19, (Chapter 17, Statutes of 2009).   That budget related bill added several new IHSS program requirements which included fingerprint imaging of IHSS recipients.  At the meeting there will be discussion regarding the purpose and goals of the workgroup, overview of the Legislative requirements, roles and responsibilities of the attendees, and scheduling of additional meetings.  The agenda and materials for the meeting will be soon issued by the department..

Meeting Logistics

The Department of Social Services, in its meeting notice noted that if any person needs a reasonable accommodation due to a disability to attend this meeting or if a person needs the meeting materials provided to you in an alternative format including Braille, large print, computer disk or tape cassette, contact Rena Davis at (916) 229-4000 by February 8, 2010.

Persons wishing to attend the meeting are asked to RSVP to Rena Davis at Rena.Davis@dss.ca.gov or telephone at (916) 229-4000 by February 8, 2010

CDCAN: Breaking News: SB 69 passes Assembly 60 to 0, bill heads to Senate, then Gov.

 SB 69 a bill to delay the implementation of the new sneaky and devastating requirements to IHSS (homecare) workers, had passed the California Assembly, now it's on to the Senate and finally the governor -- all 3 of which need to sign off on the bill to make the bill law and provide relief to IHSS providers (workers), consumers and the county governments that would have to orientate and process fingerprints for 838,000+ providers and consumers (clients).

Here's the email in case you have a few mins to spare. It's lengthy but quite detailed.

BREAKING NEWS:

ASSEMBLY PASSES SB 69 BY VOTE OF 60 TO 0;  WOULD DELAY NOV 1^ST IMPLEMENTATION OF IHSS WORKER REQUIREMENTS – BILL HEADS NEXT TO STATE SENATE

Bill Amended by Assemblymember Evans Faces Major Hurdle in Getting Approval from Governor – Assembly Budget Committee Sets November 5^th 09:00 AM Follow-up Informational Hearing on IHSS – Same Day as Olmstead Advisory Committee Meeting

SACRAMENTO, CALIF (CDCAN) [Updated 11/02/09  10:33 PM  (Pacific Time)  -  The Assembly after a long marathon session in both houses that focused on the state’s ongoing water crisis, passed a bill on a different crisis that impacts its most vulnerable population, approving amendments by Assemblymember Noreen Evans (Democrat – Santa Rosa) to SB 69 that would delay the November 1^st implementation of several new requirements for In-Home Supportive Services (IHSS) workers.

The bill won support from both Assembly Democrats and Republicans – including support from Assembly Republican Leader Sam Blakeslee (Republican – San Luis Obispo).

The emergency “clean-up” legislation passed on a vote of  60 to 0.

It heads next to the State Senate, which resumed its floor session just before 8:30 PM this evening. While the State Senate is still in session as the Assembly approved SB 69, it is not certain if they will remain in session this evening long enough to take action on the bill.  Senate President Pro Tem Darrell Steinberg (Democrat – Sacramento) indicated earlier this evening that the State Senate would return to session on Tuesday. 

Assemblymember Evans, nearly half of the state’s counties and a wide range of disability and senior advocates have said the November 1^st implementation of the new IHSS worker (provider) requirements  is causing widespread “panic and confusion” among California’s most vulnerable population.  Evans and supporters of the bill say a delay is needed to allow the State to complete information, guidance, materials and for the counties to prepare and train staff and to conduct outreach so the new requirements are implemented without harming the people it was intended to protect. 

Both the Assembly and State Senate were in caucus most of the afternoon and evening on how the Legislature will address the State’s water crisis.  The Assembly was in caucus for most of the time after it formally convened at 12 noon and reconvened its floor session after 4 PM  - an hour later than what was scheduled and then resumed its floor session just before 10:30 PM. 

New IHSS Requirements Part of Budget Deal

The new requirements, passed last July by the Legislature controlled by the Democrats and approved  by the Governor as part of the 2009-2010 revised state budget, included mandatory fingerprinting and criminal background checks, orientation, for all IHSS workers. 

Those requirements were included, along with unannounced home visits and fingerprinting of IHSS recipients (with specific exemptions), in ABx4 19, (the “x4” stands for 4^th special or extraordinary session) that legislative Republicans and the Governor said were needed to provide tools for the state and counties to combat fraud and abuse in the IHSS program. 

The bill however had an earlier effective date – when the bill was enacted (July 28, 2009) which the Department of Social Services pushed back to November 1, 2009. 

Last week at a joint informational budget hearing by the Assembly Budget Committee and the Senate Budget Subcommittee #3 on Health and Human Services, Schwarzenegger Administration officials, represented by John Wagner, director of the Department of Social Services and Eva Lopez, deputy director, said the State intended to move forward with the November 1^st implementation date, saying that it would be releasing final or clarified instructions and information that should address the concerns raised by the counties and advocates. 

The Department of Social Services is the state agency that oversees the IHSS program statewide, which will in 2009-2010, serve over 462,000 children and adults with disabilities – including developmental, persons with mental health needs, the blind, and low income seniors.  Over 376,000 persons provide the in-home services as providers (workers).

Counties – who have responsibility to administer the IHSS program locally -   and disability and senior advocates however raised major objections saying that the Schwarzenegger Administration is moving too fast without providing clear instructions, translated materials, answers to concerns and conflicting information, and necessary funding for counties to implement the new changes,   

Santa Clara County Joins Long List of Counties Who Say They Cannot Comply With New IHSS Requirements

Meanwhile Santa Clara County indicated it joined nearly half of the State’s 58 counties in sending an official letter to the California Department of Social Services indicating it cannot comply with the new requirements for IHSS workers by the November 1^st start date. 

In a letter dated October 28, 2009, Will Lightbourne, director of the Social Services Agency of Santa Clara County wrote that "…Santa Clara County will be unable to implement the new IHSS provider enrollment mandates by the November 1, 2009 deadline” citing several specific reasons.  Among the reasons listed was that the county “…has not received all of the necessary directives to comply with the required elements including fingerprint/background check process and provider orientation now has the county received necessary translated materials in languages including Vietnamese, Spanish and Russian representing our diverse provider population.”

Lightbourne echoing other county officials across the state wrote that his county is “…routinely stymied in discussions how to implement the various mandates due to draft instructive documents, contradictory instructions, and newly required forms still in draft form [all from the California Department of Social Services]. 

He concluded his letter saying that budget reductions to the Santa Clara County Public Authority will limit “our ability to comply” with the new law and that his county will be able to comply with the new IHSS requirements when “…Santa Clara County is provided with all the documentation, authorizations, and translated materials necessary, and the enrollment mandates [requirements] have been legally vetted…”

Los Angeles County, which has the most IHSS recipients and workers within a county in the state and probably in  the nation, sent a letter last week that flatly said it could not comply with the November 1^st implementation date.

For a copy of this and the other letters from counties to the Department of Social Services, go to the CDCAN website at www.cdcan.us

NEXT STEPS

·         Official text of the bill (SB 69) as approved by the Assembly this evening (November 2)  will be available on the State’s official legislative website later this evening and also on the CDAN website at www.cdcan.us. 

·         The bill heads to the State Senate, and then, if it passes there without any changes, heads next to the Governor.

·         The measure needs 2/3rds vote in both houses to pass as an urgency or emergency bill (a bill that takes effect immediately after it is approved by the governor) which means 27 votes in the 40 member State Senate.  Democrats hold 50 seats in the Assembly, with 1 independent and 28 Republicans and 1 vacancy (72^nd Assembly District).  Democrats control the State Senate with 25 seats to the Republicans 15. 

·         If the Governor signs the bill – which is not certain – the measure would take effect immediately.

·         The Assembly Budget Committee has officially scheduled a follow-up informational hearing on the IHSS crisis for November 5^th, Thursday morning at 09:00 AM, at the State Capitol in Room 4202, though the hearing date and time is subject to change. 

·         The scheduled hearing is the same day as the Olmstead Advisory Committee meeting, which is scheduled to begin at 10:00 AM to 4:00 PM at the Department of Rehabilitation building in Room 242.  The Olmstead Advisory Committee advises the Secretary of the California Health and Human Services Agency on the state’s implementation of the landmark 1999 US Supreme Court “Olmstead Decision” under the federal Americans with Disabilities Act.  The US Supreme Court decision required the states to take steps to avoid the unnecessary or unjustified institutionalization of persons with disabilities, mental health needs and seniors.  The  lawsuit was filed by two women with disabilities from Georgia – Lois Curtis and Elaine Wilson – against the then George State Commissioner Tommy Olmstead who headed its health and human services agency.

CDCAN: Counties warn of danger re: Nov. 1 cuts

COUNTIES WARN SCHWARZENEGGER ADMINISTRATION OF “CHAOS” IF IT MOVES FORWARD ON NEW IHSS WORKER REQUIREMENTS ON NOVEMBER 1

COUNTIES OFFICIALS SEND LETTERS TO DEPARTMENT OF SOCIAL SERVICES SAYING  INFORMATION AND INSTRUCTIONS HAVE NOT BEEN COMPLETE OR TIMELY – CRITICIZE LACK OF TRANSLATED INFORMATION – WARN OF DANGER TO IHSS RECIPIENTS & POTENTIAL LAWSUITS

SACRAMENTO, CALIF (CDCAN) [Updated 10/27/09  2:20 PM  (Pacific Time)  - Several counties – representing both urban and rural areas of the state – have sent official letters to the Schwarzenegger Administration warning of “chaos” for county workers and dire consequences for hundreds of thousands of people who receive and work in the In-Home Supportive Services (IHSS) program if new requirements passed in late July as part of the 2009-2010 revised State Budget, that included mandatory criminal background checks and fingerprinting of all IHSS workers (providers)  that are scheduled to go into effect November 1^st, are not delayed. 

The counties have responsibility to administer and implement the program locally under rules, guidelines and direction provided by the Department of Social Services.  The Department of Health Care Services also plays a role in the IHSS program because it oversees the state’s Medicaid program (called “Medi-Cal”) and nearly all of the IHSS program is Medicaid funded. 

Counties said that more direction and information, including translated materials is needed from the California Department of Social Services – the state agency within the Schwarzenegger Administration that oversees statewide the IHSS program that serves over 450,000 children and adults with disabilities – including developmental – and people with mental health needs, the blind and low income seniors, enabling them to live in their own homes with the help of hundreds of thousands of support workers, before implementation of the new requirements can move forward.  Some of the counties warned of the possibility of unsafe conditions for thousands of IHSS recipients and potential lawsuits from both IHSS recipients and workers (providers) if implementation was not delayed. 

Bernadette Lynch, chief of Senior and Adults Services in the Sacramento County Department of Health and Human Services, in her letter to the Department of Social Services, wrote that Sacramento County was “…struggling to meet the November 1, 2009 start date as outlined by the state. In large part, this is due to delays in receiving necessary materials. [from the State] , saying that “…we have no translated materials with which to train the very diverse group of providers in Sacramento County…We do not have a list other than a draft of the criminal convictions that would bar an individual from seeking employment as a care provider….Other difficulties in implementation are caused by a lack of clarity in the requirements themselves.”  

She warned that the implementation problems “ …could result in recipients being left in unsafe situations or that a lack of providers may cause increased levels of institutional care.”

While recent federal court rulings in late June, and earlier this month  stopped two of the major budget reductions to the IHSS program that would have narrowed eligibility and reduced domestic and related services using a little known assessment scoring and ranking tool, and a reduction in state funding toward IHSS worker wages, other reductions – including the new requirements for background checks and fingerprinting of IHSS workers, elimination of the “share of cost buy-out” program – have either gone into effect or will go into effect November 1^st.

Those new requirements were originally proposed by Governor Schwarzenegger – and subsequently approved by the Legislature controlled by Democrats in late July, as part of the package of spending cuts and other measures to close what was then a over $23 billion deficit.  The Governor signed the budget bills in late July which also included major permanent cuts to a wide range of health and human services including those impacting Early Start, regional centers, senior programs, Medi-Cal optional benefits and other services, mental health, community colleges and other areas of the state budget. 

The new requirements for IHSS workers and also new requirements for IHSS recipients are contained in ABx4 19 (“x4” stands for 4^th special or extraordinary session) that contained provisions to combat fraud and abuse that Legislative Republicans and the Governor demanded be included as part of the budget agreement.  Some of those requirements were similar to legislation authored by State Sen. Abel Maldonado (Republican – Santa Maria).

Concerns Raised Focus of Budget Informational Hearing Wednesday

Those major concerns and problems being reported across the state on the implementation of budget reductions and policy changes to the In-Home Supportive Services (IHSS) program is the focus of a joint hearing of the Assembly Budget Committee and the Senate Budget Subcommittee #3 on Health and Human Services, is scheduled for Wednesday, October 28, 2009, at 1:00 PM at the State Capitol in Room 4202 [see CDCAN website at www.cdcan.us for agenda and previous CDCAN Report for details]

The IHSS budget reductions and program changes – along with major cuts to other health and human service programs including regional centers, Medi-Cal and other areas of the state budget - were made this year as part of the effort by the Legislature and Governor to close a budget gap of over $40  billion in February – and over $23 billion in July. 

County Officials Raise Major Concerns – Warn of “Chaos” and Legal Problems

Mary Goblirsch, branch director of Aging and Adult Services of the Monterey County Department of Social and Employment Services, after listing specific problems and concerns, wrote to the Department of Social Services that “…the manner in which implementation directions have been issued within the past month has created total chaos for IHSS recipients, providers , and county IHSS staff” and urged that the implementation date for the Provider Enrollment Requirements be delayed and that the Department of Social Services provide more clarification and specifics on outstanding issues.

Citing a criticism raised by several other counties of the confusion that they claim is caused by the lack of information from the State, Patrick Duterte, director of the Solano County Health and Social Services Department, writing to the California Department of Social Services said the department  “…has placed the County in an untenable position by requiring changes be made and providing incomplete and inadequate directions for implementation.  It is impossible for the County to provide responsible and thorough customer service to a critically important segment of our population under these circumstances.”

Echoing a concern raised by several other counties, Gary Andrews, deputy director of the Imperial County Department of Social Services, wrote of “serious concerns” that the county has with the November 1, 2009 implementation date of the IHSS worker (provider) requirements.  He cited that the state has not provided forms in languages other than English when “…our population (clients and providers) is approximately 75% Spanish speaking.  If we implement the use of these new forms on November 1, 2009, prior to having them translated into Spanish, 75% of our population will be signing statements under penalty of perjury that they may not completely understand.  This may be in violation of their civil rights and may undermine any prosecution effort in the future if fraud is committed.”

Linda Haugan, assistant county administrator for the Human Services Division of the County of San Bernardino,  concluded her letter to the Department of Social Services saying that the department “…has placed the County in an untenable position by requiring changes be made and providing incomplete and inadequate directions for implementation...the County is in urgent need of clarifications and answers regarding the unresolved issues”  and urged extension of the implementation date “…in view of the potential harm to IHSS customers”. 

Donna Clipperton, supervisor of the IHSS Public Authority of San Luis Obispo County, wrote to the Department of Social Services  that her county “…will not be able to implement the new provider enrollment mandates by the deadline,” because the county has not “…received all of the necessary directives that we need in order to proceed…have not been provided with all the materials needed for the mandated provider orientation, i.e., copies in Spanish,” and noted that “serious legal questions” regarding the new state requirements “have not been addressed”, saying there are conflicting statements on the new provider enrollment form that an individual with a record of “any” felony or a “serious” misdemeanor cannot be an IHSS worker.

Whew! Had enough yet? Stay tuned folks, this is only going to get lamer!