The County Welfare Directors Association of California and the California State Association of Counties took the Governor’s op-ed piece in the LA Times on July 3rd, 2009 and dissected it. They found some myths and busted them.

Monterey County Director of Social and Employment Services says there are a lot of contradictions in the request for reform, saying money was cut from the IHSS budget this year, but now more is being spent on trying to investigate fraud cases. Robinson says that money should be put to prevent fraud in the first place, like allowing case managers to spend more time with patients in person.

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UDW Brothers and Sisters,

The UDW advocates with the California State Legislature and Administration on issues of importance to providers and consumers of California’s In-Home Supportive Services (IHSS) program. This report for the first year of the 2009-2010 legislative session focuses on California legislators’ votes on UDW’s priority bills.

The IHSS program provides personal care and domestic services to approximately 450,000 aged, blind or disabled individuals in their own homes. The purpose of the program is to allow these individuals to live safely at home rather than in costly and less desirable out-ofhome placement facilities. IHSS is the largest publicly funded non-medical program in the nation designed to help people with disabilities, the elderly, and blind—and with limited resources—live comfortably at home.

A review of the votes cast provides essential information to hold legislators accountable for their actions on IHSS issues that affect wages and benefits as well as the availability and quality of homecare services. The vote record can tell the entire story of a legislator’s attitude and actions on issues that are important to IHSS providers and consumers. Each year, legislators cast thousands of votes on thousands of proposed laws. There were 3,206 bills introduced in 2009. The Legislature sent the Governor a total of 1,431 bills and the Governor signed 1,087 of those measures. To gauge the accountability and performance of Assembly and Senate members, the UDW has produced this legislative report of votes cast on our sponsored and priority bills in 2009.

In Unity,
Jovan Agee, UDW Political & Legislative Director

Read Full Report

We are relying on you this year, as we have in the past, to save the In Home Supportive Services (IHSS) program, one of the most valuable, life-saving, cost-effective programs in our state. We are writing to you now because, sadly, we already know what Gov. Schwarzenegger will say about IHSS in his State of the State message tomorrow, and in his spending plan on Friday.

Ever since his first weeks in office, the Governor has targeted IHSS for cuts. Last year he proposed throwing more than 400,000 elderly, blind and disabled Californians–90 percent of all IHSS recipients–out of the program. Just last month he threatened to eliminate the program entirely.

You stood with us every year to preserve IHSS because you understand its importance to the more than 450,000 consumers and nearly 400,000 workers who are your constituents. You fought back last winter and spring against the governor’s proposals. But in July, 20 Democratic State Senators and 45 Democratic Assembly Members voted to eliminate or drastically reduce services for more than 100,000 IHSS recipients. In addition, 10 Democratic Senators and 12 Democratic Assembly Members voted to endorse the Governor’s extreme and mean-spirited “anti-fraud” campaign, which will cost taxpayers tens of millions of dollars, despite the absence of any proof that widespread fraud exists in the program.

The 1999 US Supreme Court Olmstead decision affirmed the responsibility of states to ensure that people with disabilities, including seniors and children receive care in the most integrated setting. Even this administration acknowledges that the IHSS program keeps people out of more costly and less desirable out-of-home placement in nursing homes or other institutions. Despite that, unless you say no , the future of IHSS will be determined by a Governor who does not support services to keep people with disabilities and seniors living in their own homes.

Unfortunately, we have had to rely on the courts instead of the legislature to stop these illegal, immoral, and penny-wise, pound-foolish cuts designed to weaken and destroy the IHSS program.

This year, we need all of you to do what you know is right – and what you’ve done before: Stand up for the California consumers of IHSS, their families and the workers who provide their much-needed care. We expect you to stand up to the Governor. We expect you to demand that this year’s budget be debated and decided in a process which allows all members of the Legislature, as well as key stakeholders and policy experts, to observe and participate . We expect you to find more equitable funding solutions and policies. We expect you to make decisions on IHSS based on its merits

IHSS is a program with a proven track record of keeping Californians with disabilities and seniors in their own homes and saving taxpayers hundreds of millions of dollars in doing so.

It is time for you to be accountable. It is time for you to live up to your party’s platform, which says: “All people with disabilities must be able to sustain quality of life in the least restrictive environment possible and in accessible community settings”; and which promises: “Increased, stable funding and expanded service hours for In Home Supportive Services (IHSS) clients.”

Sincerely,

AARP-California
ACLU of Southern California
California Alliance for Retired Americans ( CARA )
Californians for Disability Rights, Inc. (CDR)
California Disability Community Action Network (CDCAN)
California Foundation for Independent Living Centers (CFILC)
California In-Home Supportive Services Consumer Alliance (CICA)
California Senior Legislature
Disability Rights California
Gray Panthers California
IHSS Public Authority of Marin County
Independent Living Services of Northern California
Marin Center for Independent Living
National Senior Citizens Law Center
Nevada Sierra Regional IHSS Public Authority
Northern California ADAPT
Older Women’s League California (OWL)
Personal Assistance Services Council of Los Angeles County
Quality Homecare Coalition
Resources for Independent Living
San Francisco IHSS Public Authority
Silicon Valley Independent Living Center (SVILC)
UDW Homecare Providers Union/AFSCME

You may have received new enrollment forms (SOC 426) along with updates on the fingerprinting requirement, mandatory provider orientation, and other information in the mail.

Some of this information, which has been sent by the state to the counties, has been confusing, contradictory, incomplete or, in some cases, possibly illegal.

UDW is working with the counties and other organizations representing providers and clients to try to solve these problems.

In the meantime, the new provider enrollment requirements including background checks and fingerprinting are still in place, and have not been stopped by litigation.

YOU SHOULD THEREFORE FILL OUT THE NEW ENROLLMENT FORMS AND RETURN THEM TO THE ADDRESS PROVIDED IN THE INSTRUCTIONS FROM YOUR COUNTY.

Although the law states current providers have until July 1, 2010 to comply it can take SIX WEEKS or longer after you have submitted all the documentation, for the county to process background checks etc. The payroll computer is set to terminate any provider that has not been completely processed by July 1, 2010.

IT IS THEREFORE NOW IMPORTANT TO ACT
WITHOUT DELAY.

There is one exception: If you are asked to sign a “Form 426″ which includes the question about whether you have ever been convicted “of a serious crime or misdemeanor” respectfully refuse to sign the document and refer the
county official to All County Letter (ACL) No. 09-78
More information and copy of ACL

LATEST LETTER (ACL) REGARDING QUESTIONS & ANSWERS ON CRIMINAL BACKGROUND CHECKS FOR IHSS PROVIDERS

*Note: Current providers (those who are recognized in the state’s payrolling system from January 1, 2001 to October 31, 2009) are NOT required to attend orientation meetings in person. As a current provider you have the right to receive the orientation materials by mail.  All providers must still go to their county office to sign and return the acknowledgment form in person, however not all counties are making this option clear.

Detail on each specific change to IHSS caused by state budget reductions are listed below.

If you have further questions, contact your local UDW officeor call our toll-free number: 1-800-621-5016.

Last year’s state budget mandated many changes in IHSS including cuts and new eligibility requirements. Not all of these changes have been implemented due to lawsuits brought forth by advocacy groups (including UDW). Detail below.

These lawsuits are still winding their way through the courts and each have separate schedules and hearing dates, but most will takes months or longer to be finalized. Although we are cautiously optimistic, the injunctions stopping cuts to IHSS must be considered temporary and may still be implemented.

This year, the governor’s proposed 2010-11 budget (unveiled January 8) is proposing many of the same cuts. Additionally he is proposing to completely eliminate the IHSS program if the federal government does not produce $6.9 billion in additional funding for California’s budget by July 15, 2010.  If the federal government does provide the requested $6.9 billion in new funds, the Governor is still proposing to cut $77.9 million by reducing state funding for wages at a cap of $8.60 per hour and another $872.6 million through cuts in services to consumers with a functional index score below 4. The reduction of state contribution to wages and functional index based cuts are both issues being presently litigated by the courts.

THIS PROPOSED BUDGET MUST BE STOPPED AND WE NEED YOUR
HELP TO DO SO. GO HERE TO TAKE ACTION ON THE BUDGET .

March 18, 2010. Sacramento

The hearing will be focusing on the “trigger” cuts (the complete elimination of the program if $6.9 billion is not received from the federal government by July 15th).

Public Testimony Will Be Heard

We are asking those members that live near Sacramento to turn out for the hearing if you are able, and if you are not please send a letter to:

Senate Budget Sub-Committee #3
State Capitol, Room 5019
Sacramento, CA 95814
or by fax to (916) 323-8386
email to:  Glenda.Higgins@sen.ca.go

One personal, hand written letter has more impact than hundreds of emails or faxes that are written by political organizations and signed by you.

IHSS Teleconference
March 17th by Department of Social Services

This is a chance for stakeholders to have their voices heard and questions answered.

Department of Social Services has scheduled for Wednesday, March 17th, from 10:00 AM to 12:00 PM, a statewide teleconference on the In-Home Supportive Services Program, Integrity and Fraud Prevention Stakeholder Process. The Toll free line is 1-800-700-7414.

Note: the Department of Social Services, due to the likely large number of participants, encourages people to call in prior to the scheduled start time. Persons having any questions about this teleconference should contact Michele Loftin , Manager, Program Integrity and Training Unit at the Department of Social Services at 916-229-3494 or email her atMichele.Loftin@dss.ca.gov

Topic of Phone Meeting: In-Home Supportive Services (IHSS) Program Integrity and Fraud Prevention Stakeholder Process