While we are pleased with the recent court decision, remember that it is only TEMPORARY.

Our clients and our jobs are still at risk.

• Please continue to check this web site regularly for the latest news and updates about the 20 percent cut.
• Keep your clients informed about what is happening.
• Attend upcoming meetings and training sessions in your counties.

We may have won the first round, but the fight goes on.

LEARN MORE ABOUT PROPOSED “TRIGGER CUTS”
AND WHAT YOU AND YOUR CLIENT STILL NEED TO DO

These cuts would be on top of those already enacted (below) 

CUTS ENACTED BY 2010-11 STATE BUDGET
currently impacting IHSS consumers & providers

3.6% Cuts, effective February 1 2011   

Reduces the hours of service for IHSS recipients by 3.6%. According to current legislation, this cut will be in effect until June 30, 2012. At that point, service hours are supposed to be restored to the level authorized pursuant to the Recipient’s most recent assessment, and increased by the previously deducted 3.6%.

• The 3.6 percent cut to IHSS Consumer’s total authorized hours were approved as part of the budget legislation passed in October 2010. The cuts became effective on February 1, 2011.
• The cut was applied to the consumer’s assessed hours on that date. (NOTE: See below for important information about “unmet need” and how this affects cuts).
• Although the consumer may get several notifications the cut should only be applied once.
• IHSS consumers do NOT have the right to an appeals hearing when the only issue they disagree with is the state law requiring a 3.6 per cent cut in their IHSS hours.
• However, consumers or their representatives retain the right to appeal any other county action made on your case. The new law states: “The (3.6%) reduction … shall not preclude any reassessment to which a recipient would otherwise be entitled.”
• If the consumer needs to adjust service hours because they believe they have not been assessed enough hours (including Unmet Need), it is the consumer’s right to request a state hearing at any time to review the current amount of aid they are receiving. The consumer should do this as soon as possible.
• Instructions on how to appeal are included on the back of all Notice of Action (NOA) documents. If appropriate, we recommend that you request that the review extend back as many as 90 days from the date in which you file a request for a hearing.
• The appeal should also request “aid paid pending” when you submit your request for a hearing, even though your request probably will not be approved.
• Keep in mind that any hours authorized as a result of any consumer reassessment will also be subject to the 3.6 percent reduction.

UNMET NEED IMPACTS HOW CUTS ARE APPLIED
“Unmet need” refers to a situation where the IHSS consumer already has the maximum hours allowed (283, before 3.6% cut) but needs more hours of care than what IHSS provides. In many cases this is provided through outside resources or family members. Those hours should be documented as Unmet Need on the Notice of Action. If the consumer has documented “unmet need” (with the exception of protective supervision), the 3.6 percent cut will be applied first to this unmet need. Therefore, the actual reduction in IHSS hours may be significantly less than 3.6 per cent.

If the IHSS consumer has “unmet need” that is not documented, under assessed, or incorrectly printed on your NOA, we recommend that you submit an appeal as soon as possible, using the instructions contained in your NOA. The request should state that you want “aid paid pending” This means the consumer is requesting to have services continue at the current level until the hearing date.

You have 90 days from the mailing date of the NOA to submit an appeal. However, you are not entitled to “aid paid pending” unless the request for hearing is mailed within 10 days.

Related Information:

• Flyer from National Senior Citizens Law Center
• All County Letter #10-61 on 3.6% cuts (sent by the state to all California counties, instructing them on the implementation of this cut)

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Wages – under appeal in the court system

The 2010-11 State Budget suspends until July 1, 2012 the State’s attempt to limit state participation in IHSS wages to $9.50 per hour and benefits to $0.60 per hour. This limit was passed as part of last year’s budget; however it has not been implemented due to court injunction. This limit is suspended “to allow the litigation to reach a final result.” The bill also specifies that implementation can only occur if the courts determine the wage and benefit limitations to be valid.

• More information on IHSS Lawsuits



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If you or your client need additional information about the 3.6 percent cut, contact UDW toll-free at 1-800-621-5016 and ask for the Member Call Center. You can also contact your local UDW County office.

More Information on IHSS Assessments & Appeals
In-Home Supportive Services – Nuts and Bolts – Index Page to select individual chapters, appendices, manual (May 2008). Also available in:
Chinese (pdf) #5470.04, Spanish (pdf) #5470.02, Vietnamese (pdf) #5470.05.

How to fight back against IHSS budget cuts