Homecare & IHSS News:

Department of Health Care Services Releases Final Version of “Request for Solutions” for Medicare and Medicaid Dual Eligible Demonstration Project

CDCAN DISABILITY RIGHTS REPORT
CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK
#015-2012 - JANUARY 27, 2012 – FRIDAY NIGHT

California Budget Crisis:

* Brown Administration Will Select Four Sites from Applicants Responding to “Request for Solutions” to Include In Demonstration Project Proposal to the Federal Government for Approval

* Project Will Impact Hundreds of Thousands of Seniors and People With Disabilities Eligible for Both Medicare and Medi-Cal Moving Them in Early 2013 Into Medi-Cal Managed Health Care Plans or Similar Organized System of Healthcare

* Part of Larger Effort of Moving Most of Medi-Cal Population and Benefits Into Managed Care

Read the rest of this entry »

Cuts to Medicaid Programs Avoided Due to ADA Compliance Issues

Published by PHI.org January 26, 2012

Separate court proceedings in California and Louisiana last week upheld the right of elders and people with disabilities to receive care in their homes under the Americans with Disabilities Act (ADA).

In California, federal judge Claudia Wilken issued a preliminary injunction on Jan. 19 blocking the state from enacting a 20 percent cut to the In-Home Supportive Services (IHSS) program, which provides care to nearly 450,000 elders and people with disabilities who have Medicaid.

The cuts were initially scheduled to take place on Jan. 1, but were temporarily halted by Wilken last December due to concerns that they violated the ADA. Wilken reiterated those concerns in her latest injunction.

If ever enacted, the IHSS budget cut would cause 372,000 IHSS consumers to see reductions in home care services, possibly forcing them into nursing homes or other institutions — a violation of the ADA. In 1999, the Supreme Court ruled that the ADA gives seniors and people with disabilities the right to live at home if their care needs can be reasonably met there. Read More

The Battle Against IHSS Budget Cuts

San Diego Entertainer Magazine
Jacquelyne Yawn, January 25, 2012

Most of the California residents have felt the harsh impact of budget cuts in one way or another in the past few years.

According to the Homecare Provider’s Union, last week federal district court judge Claudia Wilken, in Oakland, “issued a court order that will continue blocking the Brown Administration and the federal government from taking any steps to implement the 20% across-the-board reduction in service hours for hundreds of thousands of children and adults with disabilities – including people with developmental disabilities [such as autism] – and seniors who receive In-Home Supportive Services (IHSS).”

There is already resistance against the new budget cuts. During the Oster v. Lightbourne lawsuit case last Thursday, on January 19^th, Wilken placed a preliminary injunction on the State of California to stop it from going forward with their 20% IHSS budget cuts. According to the Sacramento Bee, “The reduction would have slashed one-fifth of service hours for In-Home Supportive Services recipients to save the state $100 million over the next six months.” Read More

Federal Court Gives Final Approval of Medi-Cal Adult Day Health Care Lawsuit Settlement

CDCAN DISABILITY RIGHTS REPORT
#013-2012 - JANUARY 24, 2012 – TUESDAY

California Budget Crisis:
Implementation of New Replacement “Community-Based Adult Services” Program As A Medi-Cal Managed Care Benefit To Take Effect March 1, 2012 Underway

SACRAMENTO, CA (CDCAN) [Last updated 01/24/2012 03:00 PM] - A US district court judge gave final approval of a settlement of a federal lawsuit that requires the Brown Administration to create a new version of adult day health care, called “Community-Based Adult Services” under Medi-Cal managed health care that will replace the existing Adult Day Health Care Medi-Cal benefit effective March 1, 2012. The existing Adult Day Health Care Medi-Cal benefit will be eliminated effective February 29, 2012.

The settlement was reached and originally announced on November 17, 2011 with those filing the lawsuit (seven persons with disabilities and seniors representing over 35,000 people with disabilities and seniors currently receiving the Medi-Cal benefit provided by over 300 Adult Day Health Care Centers across the State) and the Department of Health Care Services, the state agency that oversees the Medicaid (called “Medi-Cal”) program. US District Court Judge Saundra Brown gave preliminary approval of the settlement on December 14th and final approval today and said the settlement was “fair, adequate and reasonable” and a “win-win” for both sides Read the rest of this entry »

News & Media Coverage of January 19th IHSS Hearing

Activists protesting cuts outside of Oakland court, Thursday, Jan 19, 2012

TV COVERAGE

Critical Mention.com
(Click the link to view all three stories)

Today in the Bay
KNTV (NBC) San Francisco, CA DMA: 6
Jan 20 2012 6:07AM PST

Ten O’Clock News
KTVU (Fox)San Francisco, CA DMA: 6
Jan 19 2012 10:35PM PST

NBC Bay Area News at 5
KNTV (NBC)San Francisco, CA DMA: 6
Jan 19 2012 5:05PM PST Read the rest of this entry »

Financial Flexibility Could Be Key to Helping Seniors

California Healthline, January 19, 2012
by David Gorn, California Healthline Sacramento Bureau

San Mateo County has one of the highest numbers of seniors per capita in California. To Susan Ehrlich, CEO of San Mateo County Medical Center, that was a challenge that became an opportunity.

The medical facility’s Senior Care Center focuses on integrated care for seniors.

“There is no clinic, public or private, that does what we do,” Ehrlich said. “There are just a zillion things that are critical for this population, and we take care of all of it.”

About two-thirds of the Senior Care Center’s patients are eligible for benefits under Medicare and Medi-Cal, California’s Medicaid program. That’s precisely the population California health care officials are targeting with a demonstration pilot effort to begin the transition of about 1.1 million dual-eligible Californians into managed care. The goal is to improve care and save money. Read the rest of this entry »

Federal Judge Issues Preliminary Injunction That Continues Stopping State & Federal Governments From Implementing 20% IHSS Across the Board Reduction

CDCAN DISABILITY RIGHTS REPORT
#010-2012 - JANUARY 19, 2012 – THURSDAY

State Budget Crisis – Breaking News:

FEDERAL JUDGE ISSUES PRELIMINARY INJUNCTION THAT CONTINUES STOPPING STATE & FEDERAL GOVERNMENTS FROM IMPLEMENTING 20% IHSS ACROSS THE BOARD REDUCTION

SACRAMENTO, CA (CDCAN) [Last updated 01/19/2012 03:32 PM] - A federal district court judge in Oakland, as expected, issued a court order that will continue blocking the Brown Administration and the federal government from taking any steps to implement the 20% across-the-board reduction in service hours for hundreds of thousands of children and adults with disabilities – including people with developmental disabilities – and seniors who receive In-Home Supportive Services (IHSS). The reduction would have also impact hundreds of thousands of IHSS workers. US District Court Judge Claudia Wilken issued the court order – called a “preliminary injunction” during the hearing held today in her court room in Oakland. The State will likely appeal the court order. The order issued today by Judge Wilken remains in effect unless a higher federal court – in this case the US 9th Circuit Court of Appeals or the US Supreme Court decides to reverse it or if Judge Wilken decides at a later date to modify (change) it in some way.

Read the rest of this entry »

Senate Budget Committee to Hold Informational Budget Hearings on Medi-Cal Managed Care Proposals and Calworks

CDCAN DISABILITY RIGHTS REPORT
#011-2012 - JANUARY 19, 2012 – THURSDAY

State Budget Crisis:
February 23rd Hearing Will Focus on Long Term Care and Medi-Cal Managed Care Proposals Including Impact on In-Home Supportive Services and the Multipurpose Senior Servces Program – Time for Public Comment

SACRAMENTO, CA (CDCAN) [Last updated 01/19/2012 03:50 PM] - As part of the long legislative budget process, the Senate Budget and Fiscal Review Committee will hold three informational hearings in February and March, including a February 23rd hearing focusing on the Governor’s controversial proposals that include shifting persons with disabilities and seniors eligible for both Medicare and Medi-Cal into Medi-Cal managed care plans. That hearing will also hear the impact of the Governor’s proposal to make In-Home Supportive Services a Medi-Cal managed care benefit for those persons begining next January, and also the impact on the Multi-Purpose Senior Services (MSSP) programs. Senate budget staff said there will be time for public comment. Read the rest of this entry »

Crucial US District Court Hearing Thursday Afternoon to Consider Whether to Continue Court Order Blocking 20% IHSS Cuts

CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK
#009-2012 - JANUARY 18, 2012 – WEDNESDAY

State Budget Crisis:

Brown Administration Moves Ahead In Filing Appeals Blocking Medi-Cal Provider Cuts in Three Different Lawsuits – Senate Budget Committee Will Hold Overview Informational Hearing on Governor’s Proposed Budget Thursday

SACRAMENTO, CA (CDCAN) [Last updated 01/18/2012 06:30 PM] - A federal district court judge in Oakland is scheduled to hold a court hearing Thursday afternoon (January 19th) at 2:00 PM to consider whether or not to issue a more permanent court order that would continue stopping the Brown Administration from taking any steps to implement a 20% across-the-board reduction in service hours that would total over $100 million in cuts in State general fund spending for hundreds of thousands of children and adults with disabilities – including people with developmental disabilities – and seniors who receive In-Home Supportive Services (IHSS). The reduction would also impact hundreds of thousands of IHSS workers. [CDCAN will issue a report immediately when information is available] Read the rest of this entry »

Consumers With Disabilities Seniors & Care Providers Will be Hurt by Southern CA Edison Rate Hikes

Southern California Edison is seeking to raise or redesign its electricity rates in a way that will harm the state’s low-income residents, including many people with disabilities who often live on a fixed incomes and rely on utilities more than the average Californian. The Center for Accessible Technology (CforAT) is opposing the proposals before the California Public Utilities Commission (CPUC). We are collecting individual consumer stories to help us persuade the CPUC to reject Southern California Edison’s proposed rate increases.

These stories will help decision-makers understand the real-world impact of increased utility bills on individuals with disabilities and fixed incomes. This type of information is essential in providing a complete picture to the PUC of the harmful effects of proposed rate hikes.

PLEASE SHARE YOUR STORY

If anyone in your household has a disability, Disability Rights Education and Defense Fund wants to hear from you.

• Do you struggle to pay your utility bills?

• Would an increase in utility rates harm your ability to pay for all yourmonthly expenses?

• Have you ever been forced to choose between paying your utility bill and a bill for another service? What choices have you made?

Please share your real-world stories of consumers with disabilities no later than Friday, January 20, 2012, by contacting Nicolie Bolster at Disability Rights Education and Defense Fund. You can reach Nicolie at:.

You can reach Nicolie at:
Nicolie Bolster
800-348-4232 (Toll-Free)
Email: nbolster@dredf.org

Download a PDF flyer of this notice to print and share

In-Home Supportive Services helps Tulare County’s elderly, disabled stay in homes and faces more cuts

Visalia Times-Delta January 13, 2012

Photo credit, Visalia Times-Delta Rick Jones is partially paralyzed, unable to walk and relies on in-home care to avoid institutionalization. Jones is living in an apartment and hopes to stay. Ron Holman

Rick Jones is partially paralyzed, unable to walk and relies on in-home care to avoid institutionalization. Jones is living in an apartment and hopes to stay. Ron Holman

At the age of 42, Rick Jones suffered a paralyzing brain hematoma. In the time since he was released from the hospital in 2003, the now 56-year-old Visalian has relied on state-funded in-home care services.

Brain damage limits his mobility and his hearing has degenerated as a result. Although he has been implanted with a nerve stimulation device, his chronic symptoms often manifest as seizures.
But the former swimming pool subcontractor manages to live on his own with assistance from a state-paid caregiver who provides basic housekeeping. Read More

UDW Statement on IHSS and Managed Care

UDW supports the concept of integration of IHSS into
Medi-Cal managed care. However until we know all the details we are not yet taking a position on the Governor’s proposals.

Regardless of what is being proposed, UDW is guided by the following principles: Read the rest of this entry »

You name it, they do it: Homecare providers in their own words

Published by Work in Progress
The Official Blog of the U.S. Department of Labor

Homecare providers, caregivers, personal assistants – the millions of workers who provide in-home care in this country go by many names, but they all share a commitment to serving others. Unfortunately, many of these workers share something else in common: low wages. Although they provide a valuable service to many Americans, assisting their clients with daily tasks and enabling them to maintain their independence, many homecare providers do not receive minimum wage or overtime protections guaranteed by the Fair Labor Standards Act.

Many of these workers have medical training. Many regularly work more than 40 hours every week. Many are the sole breadwinners for their families. But, because the FLSA includes an exemption for “companions” – an exemption originally intended to cover “elderly sitting” similar to casual babysitting – these employees are not always fairly compensated for their work. Read the rest of this entry »

Homecare Workers Deserve Basic Rights

Published by The Progressive
By Starita Smith, January 4, 2012

Home care workers should get standard labor protections.

President Obama is proposing an adjustment to laws governing working conditions for approximately 2 million workers whose job is helping elderly and disabled people with such basic tasks as eating, caring for their wounds and doing physical therapy. Under the Obama proposal, these workers would have to be paid at least a minimum wage and overtime, bringing them under the aegis of the Fair Labor Standards Act. Some Republicans are opposed to the measure, complaining that it will be expensive (government programs pay for much of home care) and may hurt the people it is intended to help.

Home care workers provide necessary services that allow their patients to live at home. With the portion of the population represented by elderly people growing rapidly, the services of these workers is a valuable alternative to institutionalization. They interact with the patients sometimes in very intimate situations and treat them with compassion and patience. Read More

Join our Statewide UDW Teleconference

WHAT:
Join a UDW Homecare Provider teleconference and receive the latest information about IHSS, the state budget, and the 20% trigger cuts. It will allow you to ask live questions and participate in polling questions along with other members from throughout California.

WHEN:
January 12, 2012
Time – 5:00pm

HOW:
You will receive an automated phone call at the number we have listed for you in your membership records. All you have to do is press 1 on your keypad and you will be able to join UDW members from all across the state on the call.

THERE IS NO CHARGE FOR THIS CALL!

If you would like to take this call at a phone number different from what we have listed for you, please call the UDW office right away and let us know.
The number is: 1-800-621-5016

“Paycheck Deception” Ballot Initiative

What is it?

The “Paycheck Deception” ballot initiative would prohibit union members from ANY type of political campaign contribution via payroll deduction. It would also prohibit any contributions by unions to state and local candidates.
This measure is intended to rob working families of their voices. It is a direct attack on unions and their power to represent workers in the political process.
This initiative claims to be about stopping “special interest” money in politics. Instead, it limits the power of working families and their unions while leaving corporate contributions virtually unchecked.

What does this mean for us as IHSS providers?

IHSS is a public program; therefore it is directly impacted by political elections. The people we elect make decisions about how much to fund or not fund IHSS. They also make decisions about how to run the IHSS program.
As a union, UDW stands strong to protect the interests of IHSS providers and consumers. We are strong because of our unified and active participation in state and local politics.
As long as California continues to struggle with budget shortages, the IHSS program will remain vulnerable to serious funding cuts. Without a political voice, we cannot protect IHSS against these threats.

What is our next step?

This measure is scheduled to appear on the November 2012 ballot.
Our first step in preparing for the election is to educate our members and others about this deceptive and dangerous initiative.

Home Care Workers Deserve a Fair Wage

Published by: Care 2 Make a Difference
by Kristina Chew December 17, 2011

Photo Credit: myfuture.com

If you don’t have someone near and dear to you who currently relies on the assistance of a home care worker, chances are you will someday. Indeed, at some point, you yourself may depend on a worker to help you with basic needs and to remember to take medications. Until this past Thursday, nearly 2 million home care workers have been excluded from federal overtime and minimum wage protections due to a “loophole” placing them, as Think Progress puts it, “in the same ‘companion’ category as babysitters.” As of last week, President Obama and Secretary of Labor Hilda Solis said that the U.S. Department of Labor will proceed with amending the Fair Labor Standards Act (FLSA). Read More

White House Proposes Wage Protections for Home Care Workers

See related article with history on this issue; Home Care Workers Deserve a Fair Wage

by Jon Melegrito | December 15, 2011

President Obama announces proposed changes to the FLSA

President Obama announces proposed changes to the Fair Labor Standards Act (FLSA) that will guarantee wage protections for home care workers. (Official White House Photo by Lawrence Jackson)

It’s a new day for home care workers.

For 37 years, they have been exempted from minimum wage and overtime protections, unfairly subjecting them to low wages and poor benefits.

Today, the Obama administration proposed new rules that will guarantee these protections. At a White House event, the President announced that these workers – who provide back-breaking personal care assistance to many older adults and individuals with disabilities – will receive coverage under the Fair Labor Standards Act (FLSA).

Currently, they are ineligible under federal regulations because they are classified into the same “companion” category as babysitters. Read the rest of this entry »

A National Victory for Home Care Providers!

Three UDW members; Olive Lyons from Riverside (2nd on the right from President Obama), Michelle Wise from San Diego (back row, far right), and Elva Munoz (front row, far right) from Santa Barbara attended a White House ceremony as President Obama announced proposed changes to the Fair Labor Standards Act (FLSA) that will affect home healthcare workers nationwide. New rules proposed by the U.S. Department of Labor would provide minimum wage protections for nearly two million workers who provide in-home care services for the elderly and infirmed.

Four years ago, President Obama spent the day with Pauline Beck, a home health care worker. He followed her throughout her day — as she got up at 5:00 in the morning to care for an 86-year-old amputee. He saw first-hand the demands of her work.

Take a minute to watch this video and learn the story of Pauline Beck, and how she brought the circumstance of homecare workers to the attention of the President. Read More

Trigger Cuts Not the Only Worry for Disabled

California Healthline, December 14 2011
by David Gorn

Yesterday’s announcement of $1 billion in trigger cuts for California’s budget includes two provisions that hit the developmentally disabled community.

One of those provisions, to scale back In-Home Supportive Services by 20%, is already in court. A federal judge last week issued a temporary restraining order to halt implementation of that cut, pending a hearing scheduled for tomorrow.

The other big budget reduction for the disabled — a $100 million cut to the Department of Developmental Services — is going to be much more difficult to fight in court, according to Tony Anderson, executive director of The Arc of California, which advocates for the developmentally disabled. Read more

Automatic Reductions Will Trigger More Pain for Seniors, People with Disabilities

IHSS COALITION — FOR IMMEDIATE RELEASE
Contact: Mike Roth, 916.444.7170
December 13, 2011

Sacramento – Seniors, people with disabilities, and the people who provide the in-home care they count on expressed deep concerns over today’s announcement that automatic budget reductions – including a 20 percent across-the-board cut to In-Home Supportive Services – will go forward due to shortfalls in anticipated revenue.

Earlier this month, a United States District Court judge granted a Temporary Restraining Order to stop the implementation of the reduction in IHSS hours. That decision stays in effect at least until a hearing can be held on this issue, likely within the next four to six weeks. Still, advocates for seniors and people with disabilities were clear about the negative consequences of the cuts. Read the rest of this entry »

Elderly, disabled face less time with in-home caregivers But judge could block 20% cut to statewide services indefinitely

Sign-on San Diego
Story by Christopher Cadelago, Sunday December 11, 2011

Photo Credit: Sign-on San Diego

More than 372,000 elderly and disabled people bracing for a 20 percent cut in their in-home care are hoping that a judge will block that prospect from playing out across California.

Gov. Jerry Brown signed legislation requiring the $100 million reduction in In-Home Supportive Services beginning Jan. 1 if state revenues do not meet projections, which now appears certain. A federal judge has delayed those plans until at least Feb. 1, and advocates of the program have filed a request for an injunction that would stop the cuts indefinitely.

About 24,100 people in San Diego County rely on in-home caregivers to cook, clean, shop and complete other tasks such as providing rides to medical appointments. Recipients and their advocates maintain the cuts, on top of a reduction earlier this year, would force impossible choices such as whether to get dressed or have their colostomy bag changed.

“Understandably, they are very concerned about additional and deeper cuts to the critical services that allow them to safely remain in their homes,” said Frank Mecca, executive director of the County Welfare Directors Association of California, a nonprofit organization representing all 58 counties. “As counties receive calls and continue to conduct home visits, social workers are trying to allay their concerns given the significant unknowns.” Read More

Older Californians with Disabilities Struggle to Remain at Home as Public Programs Lose Funding

Pending budget cuts could jeopardize health, safety of state’s most vulnerable

By Letisia Marquez UCLA Newsroom December 7, 2011

California’s low-income seniors with disabilities are struggling to remain in their homes as public funding for long-term care services shrinks and may be slashed even further, according to a new study by the UCLA Center for Health Policy Research conducted with support from The SCAN Foundation.

Should as much as $100 million in additional cuts be made to In-Home Supportive Services (IHSS) on Dec. 15, as proposed by the state Legislature, seniors with disabilities will lose crucial support systems that allow them to remain safely in their homes and out of nursing homes. This vulnerable group could face a 20 percent loss in the number of paid caregiver hours they receive, on top of cuts already enacted earlier this year. Read the rest of this entry »

Brown Administration Submits “Community First Choice Option” State Plan Amendment to Federal Government – Would Significantly Increase Federal Money for IHSS

CDCAN DISABILITY RIGHTS REPORT
CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK
#196-2011 – DECEMBER 6, 2011 – TUESDAY

California Budget Crisis:

Advocates Praise Department of Social Services for Moving Swiftly On Proposal Before Final Federal Regulations Have Been Issued – 2011-2012 State Budget Assumes State Will Win Approval of Proposal and Draw Down $128 Million In Increased Federal Dollars In Current Budget Year – No Impact to State Budget Trigger Cuts

SACRAMENTO, CA (CDCAN) [Last updated 12/06/2011 01:00 PM] - The Brown Administration, in an effort to move swiftly to capture significantly more federal matching Medicaid dollars for the In-Home Supportive Services program, submitted on December 1st a “State Plan Amendment” (or “SPA”) covering a five year phased in process under a new Medicaid community-based services program called the “Community First Choice Option”. Read the rest of this entry »

Do you have both Medicare and Medi-Cal?

If so, the State of California wants to learn more about your needs, concerns and priorities as it works to improve care coordination for people in your situation, who commonly are called “dual eligibles” or “Medi-Medis.” Please take 10 minutes to complete an electronic survey developed Harbage Consulting as part of its work supporting the State’s efforts to collect consumer input.

Access the survey through this link: www.surveymonkey.com/s/CalDuals

This survey collects information from people who have BOTH Medicare and Medi-Cal about their health care experiences. Your answers will inform California’s planning. Family members and caregivers are encouraged to complete this survey based on the experience of their relative/friend/client. Responses will be collected through December 20, 2011.

For more information about this project, you can visit the website www.CalDuals.org. Stay updated by following the group on Twitter @CalDuals.