9th Court of Appeals, US DOJ support homecare funding

Read 'em and weep Governator! It's good to see the federal government is stepping up where the Zombies used to. Case in point: homecare providers (workers) in Lake County, who are not represented by the Zombies, can get their state mandated fingerprinting free of charge! Sonoma county providers who are "represented" by the Zombies receive only intermittent mailings apparently based on employment gained through the Registry, the list of providers who have applied for job placement with the Public Authority and have passed background checks. As a direct hire by my wife, I never had to undergo a background check or fingerprinting and I have yet to receive any mailing about fingerprinting.

From Thursday, March 4, 2010:

From Monday, March 8, 2010:

Perhaps the tide against homecare providers and clients is turning.

Homecare alert: Upcoming CD-CAN tele-meetings Tue, Jan 12 & Wed, Jan 13

Lifted right out of the CD-CAN email newsletter.

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TOWNHALL TELEMEETINGS WITH STATE OFFICIALS

FOCUS ON GOVERNOR’S BUDGET PROPOSALS

Jan 12th - IHSS & Other Social Service Programs

Jan 13th - Regional Centers & Developmental Centers

Free CDCAN Townhall Telemeetings Accessible By Any Phone Line – People With Disabilities, Mental Health Needs, the Blind, Seniors, Families, Community Providers & Workers Who Provide Supports and Services Can Participate & Ask Questions

Two free public forums, called “CDCAN Townhall Telemeetings” are scheduled for January 12th (Tuesday) and January 13th (Wednesday) that bring together – via toll free phone lines – senior Schwarzenegger Administration officials and hundreds of people with disabilities, mental health needs, the blind, seniors, their families, community organizations, facilities and workers who provide supports and services, and other advocates, to hear and ask questions on the Governor’s latest budget proposals.

The focus of the January 12th townhall telemeeting is on the Governor’s proposal dealing with In-Home Supportive Services (IHSS), and other services under the Department of Social Services.  The focus of the January 13th telemeeting is on budget proposals impacting developmental services including community based services funded through the 21 non-profit regional centers, and services provided by the state owned and operated developmental centers and 2 smaller facilities.

Governor Expected to Propose Major New Spending Cuts on Friday

The Governor is expected to propose major new spending reductions that impact health and human services when he releases his proposed State budget for 2010-2011 on Friday (January 8th).

In addition, the Governor is also expected to propose major mid-year spending cuts in order to address the shortfall growing in the current State budget for 2009-2010 (the current State budget year ends June 30, 2010).

Telemeetings Open To Everyone

CDCAN Townhall Telemeetings are open to everyone and meant to bring public policymaking to those who have historically been shut out and others across the state, including people in nursing or other facilities, group homes, or in day or other site based programs.   Thousands have participated in these free townhalls since early 2003.

All townhalls are recorded and the recordings are usually available within 24 hours or less for downloading on the CDCAN website at www.cdcan.us

Persons who cannot participate in this townhall telemeeting but would like a question asked to the director (or other department official) can send their question (via email) to Marty Omoto at martyomoto@rcip.com   Your question will be asked for you – and you can hear the audio recording of the townhall telemeeting later in the day at the CDCAN website.

Additional Telemeetings To Be Scheduled On Medi-Cal & Other Issues

Additional telemeetings, depending on resources and funding, will be scheduled on an on-going basis as they have since early 2003, and will include a focus on Medi-Cal, special education, accessible housing and transportation, mental health, and other issues critical to people with disabilities, mental health needs, the blind, people with traumatic brain and other injuries, people with MS, Alzheimer’s and other disorders, seniors, their families, community organizations, facilities and workers who provide supports and services across the State.

CDCAN TOWNHALL TELEMEETING SCHEDULED (TO DATE)

General format of CDCAN townhall telemeetings opens with introduction of speakers, followed by updates from the speaker. The townhall telemeeting is then opened up to questions from the hundreds of people who call in across the State.

JANUARY 12, 2010 – TUESDAY

1:00 to 2:30 PM

FEATURING:

· John Wagner, Director, California Department of Social Services

· Eva Lopez, Deputy Director – Adult Programs Division

FOCUS:

Governor’s budget proposals impacting In-Home Supportive Services (IHSS), SSI/SSP (Supplemental Security Income/State Supplemental Payment grant program), community care licensing, and also updates on impact to adoption assistance/foster care programs and CalWORKS, the state’s “welfare to work” program  (all three programs impact many families with children and parents with special needs and disabilities)

JANUARY 13, 2010 – WEDNESDAY

1:00 to 2:45 PM

FEATURING:

· Terri Delgadillo, Director – Department of Developmental Services
· Mark Hutchinson, Chief Deputy Director
· Julia Mullen, Deputy Director
· Rita Walker, Deputy Director

FOCUS:

Governor’s budget proposals (and status of previous budget proposals enacted) impacting regional centers who coordinate community-based funded services and supports to over 240,000 children and adults with developmental disabilities, including thousands of infants and toddlers in the California Early Start program (California’s early intervention program).  Officials will also provide updates on Governor’s proposals impacting the 4 remaining state owned and operated developmental centers and 2 smaller health facilities (one of which is scheduled for closure February 2010).

HOW TO PARTICIPATE IN BOTH TOWNHALLS:

The instructions to participate in either CDCAN Townhall Telemeeting is the same below:

STEP 1: Dial toll-free number:  877-551-8082  (there is no passcode)

STEP 2: Wait for operator – who will ask for your name and the city you are from

Note: to protect people’s privacy, only the first name and the city location will be announced on the townhall for anyone wanting to ask a question

STEP 3: Anyone can ask a question (or make brief comment) – wait for instructions that will be announced during the townhall telemeeting.

Please Note:

· Absolute zero tolerance for anyone who is rude or disrespectful (the audience or speakers)

· People Should Speak Simply - With a large and diverse audience of hundreds  of people, including those with all types of physical and developmental disabilities, language and cultural backgrounds, persons (both speakers and people asking questions) should speak simply and not use insider government or program terms or abbreviations.  This is important because of people’s backgrounds, experience and disabilities, but also because CDCAN is working to provide  real time language translations.  

· Pending Lawsuits - Officials from either department (or any state, federal or county government agency) cannot comment on specific issues subject to a pending lawsuit.  Officials may be able to provide general status information on those specific cases where the State has already released information on how it is implementing a court order – meaning a previously or soon to be released All County Letter, Notice or other instructions sent out to the public.  However they will not be able to comment or provide details beyond what has already been publicly released.

Recent NUHW/Zombie union mailers: compare and contrast

I've been waiting a while for this one folks: a chance to compare a mailer from both NUHW and the Zombies that hit mailboxes at nearly the same time.

Being the nice guy that I am I'll let the Zombies go first. Notice their tact of creating fear in the hearts and confusion in the minds of the very workers the seek to represent. What the lack in a credible attack on NUHW they make up for it by appealing to a reader's sense of fear. Nary a word about the Zombies' plans for improving workers lives, or advocating for patient care. It's been 6+ years: they should have something on the shelf by now. Sadly they frequently trot out the same weak and lame arguments. Are they clutching at straws? Yeah, I think so. This approach is suspiciously similar to the farm worker representation battle between the Teamsters and the United Farm Workers (UFW) back in the 1970s. Guess who was the 800 pound gorilla and who was the underdog that won. Hint: it's the one with the more fitting name.

Let's recall the 2nd comment left on the "Garbage in, garbage out" blog entry.

"As of October 2008, the 747 has been involved in 122 incidents, including 48 hull-loss accidents, resulting in 2,850 fatalities. The 747 has been in 35 hijackings which caused 882 fatalities."

(The VW Bug is a far better engineered and tested vehicle but this it not an automotive blog.)

The number of casualties for UHW is far greater. They certainly have gone out of their way to destroy themselves, their alliances, sell out their members and anger their many supporters.

The four bulleted points shown above were discussed in the "Garbage in, garbage out" blog entry.

Have you had you daily dose of the Zombies hyperbole, fear mongering and outright lies? You're not the only one!

*         *          *

What do you say to trading in this take for a look at NUHW's angle on unionization? They don't attack SEIU; rather they offer hope and solid ideas for furthering the interests of workers and patients. They don't use exaggeration, make silly comparisons, or distort the truth. Also, they show pictures of the workers' peers which adds a sense of credibility and plausibility the Zombies never had and never will. Dang! I wish I could vote for NUHW.

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.

Possible temp relief for Nov 1 cuts to homecare; take action now!

From John Wiklins, IHSS consumer (homecare client) and advocate for the disabled.

On Monday, November 2, in the Assembly, Assemblywoman Noreen Evans (D - Santa Rosa) will offer amendments to SB 69 which will offer temporary relief - for the counties, IHSS consumer and IHSS providers -  from the IHSS program changes which are to go into effect November 1.

 

When those amendments are adopted she will ask for a floor vote. A 2/3 vote will be needed for this urgency bill; if the 2/3 approval happens, the bill will go to the Senate for concurrence. All of this can happen on the same day - tomorrow, November 2.

 

The language of the bill will be available on Monday. The bill has two purposes:

1) Stop the implementation of the November 1 program changes

2) Require the administration to undertake a real stakeholder process concerning the implementation of the changes. The changes would go ahead 90 days after the stakeholder process finishes.

 

We expect these program changes will be named in the bill as the ones which should be delayed:

 

1) The new provider enrollment form

 

2) The new provider orientation requirement

 

3) The criminal background check requirement

 

4)  Unannounced visits to consumers

 

5) Requirement that providers use a physical address rather than a PO Box

 

6) Addition of civil penalties to fraud convictions

Your help is needed right now callfax or email Senator Wiggins and Assemblywoman Evans today!

Senator Pat Wiggins  


Santa Rosa
Phone: (707) 576-2771
Fax: (707) 576-2773
Email: email her now

Sacramento
Phone: (916) 651-4002
Fax: (916) 323-6958


Assemblywoman Noreen Evans


Sacramento
Phone: (916) 319-2007
Fax: (916) 319-2107
Email: email her now

Santa Rosa
Phone: (707) 546-4500
Fax: (707) 546-9031

1) Please call, fax or email your legislator and tell her/him what this bill is about (they will be seeing the new contents of the bill for the first time on Monday) and how important this bill is to you.

2) Please call or fax the Governor and tell him he has the chance to do the right thing and delay these changes by signing SB 69 Phone: 916-445-2841 Fax: 916-445-4633 or email

3) Send a floor alert to all legislators if you or your organization have the capacity to do that.

The tight timeframe was forced upon the Legislature by the inadequate, and last minute nature of implementation instructions.  Assembly Budget and Senate Budget committees heard the issues in specific detail when they met last week, Wednesday, October 28.

Almost half of the counties in California have told the administration that they have not been given the information and tools they need to implement these program changes.

Stakeholders have had little or no opportunity for feedback on these extremely significant and troubling program changes, which were adopted in a rush in the last days of the budget negotiations in July.

PLEASE ACT NOW

Thank you!

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!

CDCAN: Joint Informational Hearing by Legislature October 28

Again message wasn't emailed to me until 12:07 today and I didn't read it until 3:30-ish. So, this is almost too late to act on but here it is. Comments that are underlined were underlined by me.

Implementation of IHSS Budget Reductions and Policy Changes Focus of Joint Informational Hearing By Legislature October 28^th

Joint Hearing by Assembly Budget Committee and Senate Budget Subcommittee #3 on Health and Human Services Will Hear From 4 Panels on Reported Widespread Problems and Concerns – No Public Testimony But Comment Cards and Letters Will Be Taken

SACRAMENTO, CALIF (CDCAN) [Updated 10/27/09  11:20 AM  (Pacific Time)  - With 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 impacting over 450,000 children and adults with disabilities, mental health needs, the blind and low income seniors, 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.   

The unusual joint hearing of the Assembly Budget Committee – chaired by Assemblymember Noreen Evans (Democrat – Santa Rosa) and the Senate Budget Subcommittee #3 on Health and Human Services – chaired by State Sen. Mark Leno (Democrat – San Francisco), should be televised by Cal Channel or viewed on the Cal Channel website at www.calchannel.com [CDCAN will issue a full report immediately following the hearing]

The IHSS cuts and policy changes also impact hundreds of thousands of IHSS workers and the families of the IHSS recipients, counties, community based organizations and regional centers. 

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. 

Hearing Comes After Federal Court Rulings Stopping Some Cuts

The joint committee hearing comes after recent federal court rulings in late June, and earlier this month that 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.  While the State is appealing both rulings to the US^th Circuit Court of Appeals, the federal court required the Schwarzenegger Administration to comply and stop those cuts immediately.

Other Lawsuits Filed or Being Considered On IHSS Cuts

A state lawsuit filed in State Superior Court to stop the elimination of the IHSS “share of cost buy-out” program that was eliminated October 1 as part of the revised 2009-2010 State Budget passed by the Legislature and signed by the Governor in late July, is pending – though prospects for the state court to intervene at this stage does not appear good at this point.

Other lawsuits are being considered or are moving forward, though not yet filed, impacting the IHSS worker background checks, unannounced home visits by state agencies to homes of IHSS recipients and possibly fingerprinting requirements of both IHSS workers and recipients.    

Concerns Raised About November 1^st Implementation of Other IHSS Cuts

Other reductions – including 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.

Several counties have sent official letters to the Schwarzenegger Administration indicating major concerns and problems in trying to meet the November 1, 2009 deadline to implement new budget related requirements for IHSS workers (sometimes known as “providers”) and for persons receiving IHSS.  Some counties indicated that they would be unable to implement any of the new requirements until the Department of Social Services – the state agency within the Schwarzenegger Administration that oversees the IHSS program – sends out additional details that the counties say are critical in carrying out the new worker and recipient requirements. 

Other issues raised by advocacy groups and the counties included concerns regarding the various notices from the Department of Social Services containing instructions and guidelines to implement the various reductions and policy changes (contained in documents called “All County Letters” and “All County Information Notices”). 

A CDCAN Townhall Telemeeting held October 21 with representatives of various statewide and local advocacy groups and individuals attracted hundreds of people across the State that brought up reports of widespread confusion, panic and concerns regarding the IHSS budget reductions and program changes. [a complete audio recording of that townhall telemeeting is available for free on the CDCAN website at www.cdcan.us ]

Hearing Will Focus on Implementation Issues

Those issues – along with others related to the IHSS program will be heard in the October 28^th informational hearing by the Assembly Budget Committee.  No formal action or vote will be taken at that hearing. 

No public testimony – other than those coming from people from the various panels scheduled to provide information to the committee – will be taken.  However the committee will take comments from the general public via comment cards that will be available at the hearing, or through letters to the committee office. 

Assembly Budget Committee

Attention: Assemblymember Noreen Evans, Chair

State Capitol

Sacramento, CA 95814

Senate Budget Subcommittee #3 on Health and Human Services

Attention: Sen. Mark Leno, Chair

State Capitol

Sacramento, CA 95814

The joint committee agenda for the hearing October 28^th is (for official copy of the agenda below and for background paper for this hearing, and copies of the county letters to the State, and background documents of this hearing, go to the CDCAN website at www.cdcan.us)

ASSEMBLY BUDGET COMMITTEE AND THE SENATE BUDGET SUBCOMMITTEE NO. 3 ON HEALTH AND HUMAN SERVICES

Oversight Hearing on Implementation of Recent Changes in the In-Home Supportive Services Program

Wednesday, October 28, 2009 – State Capitol Room 4202

AGENDA

I. Overview of Recent Program Changes in the In-Home Supportive Services Program IHSS

Ginni Bella, Legislative Analyst's Office

II. State Implementation Process and Outcomes

·         John Wagner, Director, California Department of Social Services (DSS)

·         Eva Lopez, Deputy Director, Adult Programs Division, DSS

III. County Concerns and Feedback on Capacity to Implement Changes

·         Frank Mecca, Executive Director, County Welfare Directors Association of California

·         Diane Kaljian, Adult and Aging Services Director, Sonoma County Human Services Department

IV. Reaction Panel and Impact of Implementation on Consumers

·         Deborah Doctor, Legislative Advocate, Disability Rights California [formerly Protection and Advocacy Inc or PAI]

·         Jovan Agee, Political & Legislative Director, United Domestic Workers of America / AFSCME

·         Laphonza Butler, Co-Trustee, Service Employees International Union – United Long Term Care Workers

·         Donna Calame, Executive Director, San Francisco IHSS Public Authority

Comment cards will be available and received at the hearing from members of the public who would like to submit written testimony.

CDCAN: Townhall Telemeeting on IHSS Budget Cuts, Oct 21 Wed 1 to 2:45 PM

Here's an except from CDCAN's (California Disability Community Action Network) latest email. Sorry about the short notice I just received the email an hour ago. If you can make the time, call tomorrow and let the State know how you feel about the Draconian cuts to IHSS consumers' (clients') hours as a means of balancing the State budget.

CALIFORNIA BUDGET CRISIS

CDCAN Townhall Telemeeting Wed at 1 PM

Focus on IHSS Budget Cuts – Lawsuit Update

Also This Week: Medi-Cal Optional Benefits Federal Lawsuit Filed By Medicaid Defense Fund Will Be Heard Oct 22 At 11 AM in SF Before 9^th Circuit Court of Appeals

SACRAMENTO, CALIF (CDCAN) [Updated 10/20/09  09:59 AM  (Pacific Time)  - In the wake of a federal court ruling yesterday that stopped major cuts to In-Home Supportive Services that used little known assessment tools as a means to narrow eligibility and reduce services, a CDCAN Townhall Telemeeting is scheduled for Wednesday afternoon (October 21) from 1:00 PM to 2:45 PM featuring representatives and advocates for people with disabilities, mental health needs, the blind, seniors, and support workers to provide updates to that lawsuit, and also updates on other cuts and policy changes to IHSS that still remain. 

The free townhall telemeetings, since 2003,  have been a regular way for people who cannot easily leave their communities or homes due to health needs, supports, resources, transportation, to participate in public policymaking, to hear policymakers and others and to ask questions directly.  The townhall telemeetings can be accessed from any phone line, or by going to a participating local site that is dialing in. 

Depending on availability, someone from the legal team that represented IHSS recipients and workers in the lawsuit that stopped the IHSS budget reductions yesterday, may be on the townhall telemeeting to provide an update on the lawsuit.

CDCAN TOWNHALL TELEMEETING

OCTOBER 21, 2009 – WEDNESDAY  1:00 – 2:45 PM

TOLL FREE LINE:  877-551-8082   (no passcode)

 

Guest Speakers:

·         Lisa Barrows, Community Resource Coordinator, and Melanie Bazile, executive director -  STEP (Strategies To Empower People) a Sacramento based independent and supported living services organization

·         Deborah Doctor of Disability Rights California (formerly Protection and Advocacy Inc or PAI) and possibly someone from the legal team including Melinda Bird. 

·         Anne Guerra, executive director of the Nevada Sierra IHSS Public Authority (covers Nevada, Sierra and Plumas counties)

·         Janet Heinritz-Canterbury of the Los Angeles County Personal Assistance Services Council (IHSS Public Authority)

·         Christal Hopkins, disability advocate and IHSS recipient

·         Karen Keeslar, advocate and also representing United Domestic Workers, one of the unions representing IHSS workers

·         Debra Roth (or possibly Loretta Stevens), with SEIU, one of the unions representing IHSS workers

·         John Wilkins, disability rights advocate and IHSS recipient