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On October 19th, the first of several battles was won. In her ruling, U.S. District Court Judge Claudia Wilken issued a temporary injunction stopping the state from going forward on November 1st with its planned cuts “because they would result in substantial harm, damage and injury and likely violate federal law.” The Judge said that the state’s Functional Index rankings–which it would use to determine who to cut from the program– were clearly not based on need, that essential services could be withdrawn arbitrarily, and “people could lose something irreplaceable – the ability to remain safely in their homes.”
Scores of disabled, elderly, and their homecare providers rallied outside the Oakland court room chanting and waving placards to show their outrage at the legislature’s decision to cut essential services. The courtroom was filled to the limit, and people were being turned away at the door.
Advocates – including UDW – have been fighting hard to bring recognition to the fact that services being cut are essential services , and that their loss will literally be life threatening to many. Cuts based on Functional Index Scores and Rankings discriminate against the blind, developmentally disabled, and those with psychiatric disorders like Alzheimer’s who are often physically sound. Also facing cuts to essential domestic services, are seniors that are otherwise incapable of managing their own needs in order to live safely on their own. Many of these types of recipients would certainly have to go to nursing homes – at far greater cost to the taxpayers of California. When the rights of the disabled and elderly were ignored by the legislature who voted to cut IHSS, UDW and other activists decided to take legal action. This lawsuit is asking that the state be told to “go back to the drawing board” and come up with a comprehensive and fair plan. NEXT STEPS & HOW YOU CAN HELP US WIN With huge budget deficits predicted again for California in the coming year (some are saying up to 10 billion), the fight to stop cuts will continue, and it will be tough. The next step in the legal action against cuts based on Function Index will be a trial or motion for judgment in the federal court in Oakland. The first hearing won’t come until early 2010, meaning the cuts might not occur during the current fiscal year, which ends June 30, 2010. This is not the time to sit quietly and wait! Homecare providers, their clients and family members should send letters indicating their concerns about changes to the IHSS program to their state Assembly members and State Senators in their district office. Phone calls or visits to local legislators offices are also vitally important. Another important step you can take is to speak to your community through the media. Remember that IHSS is funded by California taxpayers who often do not know about the program or how important it may be to their own families. Your friends and neighbors may not know that IHSS saves taxpayers hundreds of millions of dollars a year compared to the cost of nursing home care. They also may believe the unfair and misleading campaign by the governor and his allies that characterized the IHSS program as being “rife with fraud.” Writing the editor of your local paper or commenting on websites of newspapers that carry stories about the program are both effective actions you can take. OTHER ISSUES RELATED TO IHSS BUDGET CUTS New requirements for providers and anti-fraud measures including fingerprinting and background checks are still in place. Although a Federal judge has also temporarily blocked the governor’s earlier attempt to roll back IHSS wages to $9.50 an hour, the lawsuit which brought about the injunction is not settled. See overview of lawsuits
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