State Budget News:

US Supreme Court Decision on 3 Medi-Cal Cases 20 Page Opinion

CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK
#028-2012 – FEBRUARY 22, 2012 – WEDNESDAY

SACRAMENTO, CA (CDCAN) [Last updated 02/22/2012 09:00 AM] - Attached to this CDCAN Report is the US Supreme Court’s 20 page opinion written by Justice Stephen Breyer that, in a narrow 5 to 4 decision, sent back to the US 9^th Circuit Court of Appeals the three Medi-Cal provider rate reduction cases for further review, keeping those lawsuits alive – and for now, the lower court orders from those cases that continue to block the State from implementing Medi-Cal provider reductions. The 20 page pdf document file is titled “2012022 – US Supreme Court Opinion (Independent Living Center of Southern CA v. Toby Douglas) 09-958.pdf” The document was saved as a pdf document file which means people who are blind or sight impaired should be able to read it using a screen reading device. Read the rest of this entry »

US Supreme Court Sends Back to Lower Federal Appeals Court 3 Medi-Cal Lawsuits for Further Review

CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK
#027-2012 – FEBRUARY 22, 2012 – WEDNESDAY

California Budget Crisis – Breaking News:
High Court Ruling Means That Lawsuits Remain Alive and the Court Orders Blocking the 2008 and 2009 Medi-Cal Rate Reductions Will Remain In Place for Now – Ruling Has Impact on Several Other Medi-Cal and IHSS Cases Pending In the US 9^th Circuit Court of Appeals

SACRAMENTO, CA (CDCAN) [Last updated 02/22/2012 08:10 AM] – In a narrow 5 to 4 decision, the US Supreme Court today (February 22) sent back to the US 9^th Circuit Court of Appeals the three Medi-Cal cases for further review, keeping those lawsuits alive – and for now, the lower court orders from those cases that continue to block the State from implementing Medi-Cal provider reductions. Linked to those three Medi-Cal cases, which the US Supreme Court heard in oral arguments on October 3, 2012, are several other Medi-Cal related cases, including a 2009 lawsuit that blocked the State from rolling back State funding for In-Home Supportive Services (IHSS) worker wages. [CDCAN will issue a more detailed report later this morning on the US Supreme Court ruling] Read the rest of this entry »

Updated Schedule of Budget Hearings

CDCAN DISABILITY RIGHTS REPORT
#022-2012 – FEBRUARY 10, 2012 – FRIDAY

California Budget Crisis:

DISABILITY ADVOCATE RANDY HORTON PASSES AWAY
UPDATED SCHEDULE OF BUDGET HEARINGS

Assembly Budget Subcommittee on Health & Human Services Sets Mar 28^th Hearing Date for Developmental Services and April 11^th to Hear Governor’s Proposal to Eliminate IHSS Domestic and Related Services For Many Recipients

SACRAMENTO, CA (CDCAN) [Last updated 02/10/2012 02:30 PM] – The following is the latest update on scheduled public legislative hearings and meetings by various state agencies that have some impact on people with disabilities, mental health needs, the blind, seniors or low income families. CDCAN will issue an updated schedule every FRIDAY on these statewide meetings. Read the rest of this entry »

Brown Administration Releases Budget Related Language Proposing Expansion of Managed Care for Medicare Medi-Cal “Dual-Eligible”

CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK
#020-2012 – FEBRUARY 07, 2012 – TUESDAY

California Budget Crisis:

Legislative Language Part of Governor’s 2012-2013 State Budget That Requires Legislative Approval In Coming Months – Would Expand Existing Effort To Implement 4 County Demonstration Project to 10 Counties

SACRAMENTO, CA (CDCAN) [Last updated 02/07/2012 06:30 AM] – The Brown Administration yesterday released proposed budget related legislative language – called “budget trailer bill language” – that would provide authorization to expand an existing effort to move hundreds of thousands of people with disabilities and seniors eligible for Medicare and Medi-Cal into “coordinated care” or managed care plans in California. Brown’s proposal builds on an existing plan passed last year as part of the 2011-2012 State Budget, that already authorizes the Department of Health Care Services to move forward with submitting a demonstration project proposal to the federal government this spring for approval, that would beginning in January 2013, shift thousands of people who are eligible for both Medicare and Medi-Cal – known as “dual eligible” – into managed or coordinated care plans in at least four counties. Read the rest of this entry »

SCHEDULE OF MEETINGS & HEARINGS Impacting People With Disabilities, Mental Health Needs, The Blind, Seniors & Low Income Families

CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK
#020-2012 – FEBRUARY 06, 2012 – MONDAY

California Budget Crisis:

SCHEDULE OF MEETINGS & HEARINGS IMPACTING PEOPLE WITH DISABILITIES, MENTAL HEALTH NEEDS, THE BLIND, SENIORS & LOW INCOME FAMILIES

Feb 09 – Healthy Families Program Transition to Medi-Cal Meeting
Feb 23 – Autism Task Force on SB 946 Health Insurance Implementation
Feb 23 – Senate Budget Info Hearing on Governor’s Managed Care Proposals
Mar 07 – Assembly Info Hearing on Long Term Care & Managed Care Proposals

SACRAMENTO, CA (CDCAN) [Last updated 02/06/2012 06:30 PM] – The following is the latest update on scheduled public legislative hearings and meetings by various state agencies that have some impact on people with disabilities, mental health needs, the blind, seniors or low income families. CDCAN will issue an updated schedule every Monday on these statewide meetings. Read the rest of this entry »

Obama Administration Rejects California’s Request Calling for Mandatory Medi-Cal Co-Payments for Hospital Stays, Doctor & Clinic Visits & Other Services

CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK
#018-2012 – FEBRUARY 06, 2012 – MONDAY

California Budget Crisis – Breaking News:

2011-2012 State Budget Called for Implementation of Medi-Cal Co-Payments for Hospital, Emergency Room and other Services – Decision by Centers on Medicare and Medicaid Services Seen As Major Victory for People with Disabilities, the Blind, Seniors and Others on Medi-Cal – Major Setback to Brown Administration

SACRAMENTO, CA (CDCAN) [Last updated 02/06/2012 11:30 AM] – The Obama Administration today rejected California’s request to expand – as authorized in the 2011-2012 State Budget – co-payments for Medi-Cal recipients for a range of services, including doctor visits, hospital stays, emergency room visits and dental services. The decision by the federal Centers on Medicare and Medicaid Services (CMS) – the federal agency that oversees both programs nationwide – is seen by a major victory for people with disabilities, mental health needs, the blind, seniors and others in the Medi-Cal program and a significant setback to the Brown Administration’s efforts to close an on-going budget deficit. It is one of the very few times the federal agency has actually denied the State’s requests over the past years dealing with cutbacks to the Medi-Cal program. Read the rest of this entry »

Federal Judge Issues Preliminary Injunction That Continues To Stop State & Feds From Implementing 20% IHSS Cut

Thursday, January 19, 2012

UDW joins with protesters braving the rain outside of courtroom in Oakland

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. Read the rest of this entry »

UDW State Budget Report 2012-13

Overview

Governor Jerry Brown submitted his budget to the state legislature on January 5, 2012. The Governor’s budget forecasts a combined deficit of $9.2 billion ($4.1 billion in the current fiscal year and $5.1 billion in FY 12-13). Though this is a significant improvement over the budget deficit in January 2011 (estimated at $25.4 billion), addressing this shortfall promises to be just as difficult.

Notably, as a result of roughly $16 billion in spending cuts enacted in the last year, California’s structural – or ongoing – deficit has been reduced to nearly a quarter of its prior amount ($20 billion). It is now estimated to be less than $5 billion in each of the next three years.

Similar to last year, the Governor’s budget attempts to resolve the deficit through a combination of spending reductions ($4.2 billion) and increased revenue and other actions ($6.1 billion). Additionally, it would allocate $1.1 billion to the state’s reserve account. Read the rest of this entry »

Governor Proposes Cuts to IHSS Program

California Senior Legal Hotline
January 9, 2012 | Manny Randhawa

According to a recent San Jose Mercury News article, California Governor Jerry Brown announced Thursday his proposal to eliminate In-Home Supportive Services funds for benefit recipients who live with someone else.

If adopted by the state legislature, this proposal would save the state $164 million, but would come at the cost of a severe deterioration of the quality of life for seniors and disabled individuals currently receiving assistance from the program, according to critics of the plan.

Such a move would affect 60 percent of IHSS recipients, as most live with other family members who provide them care.

Seniors, Disabled Worry About Cuts to In-Home Care

By JUDY LIN Associated Press, 01/07/2012

LOOMIS, Calif.—Born with spinal muscular atrophy, a genetic disease that prevents muscle development, Anthony Muli has never walked and his doctors never expected him to live past age 2.Now, at 24, he’s a sports fanatic and a whiz on the computer. His room inside his grandmother’s house in the Northern California town of Loomis, east of Sacramento, is decorated with San Francisco 49ers and Sacramento Kings memorabilia.

He enjoys as much of life as he can with the help of his 72-year-old grandmother and caretaker, Jo Ellen Zerr, who does everything from cleaning his tracheotomy tube to driving him to his medical appointments.

The level of care is made possible in large part because of California’s In-Home Supportive Services program, which helps about 435,000 California seniors and people with disabilities. The program pays caretakers, many of them family members, hourly wages and benefits between $8 and $14.78 to help people get dressed, cook and bathe. For her work, Kerr, a retired clerk, receives about $2,800 a month before taxes to do a job she would do for free. Read the rest of this entry »

State’s Disabled Look to Court Decision

By LARRY MITCHELL – Staff Writer

Mercury News Posted: 01/06/2012 12:12:20 AM PST

Photo Credit: OrovilleMr.com

Karen Duncanwood of Paradise, Troy Rathburn of Magalia, Susan Hess of Paradise and Evan LeVang,…

CHICO — No one can blame Dan Grover of Chico for worrying about a court decision due next week.

Grover, 49, uses a wheelchair to get around.

He relies on hired helpers to get him in and out of bed, on and off the toilet, and in and out of the shower. They are paid $8.15 an hour through a government program called In-Home Supportive Services (IHSS).

Grover said he and nearly 450,000 other Californians who depend on IHSS are very concerned that to save money, the governor and Legislature have decided to cut their hours of service by 20 percent.

For some IHSS recipients that would mean that 20 percent less clothes washing, house cleaning and shopping would get done.

But for Grover and others in his situation, it means a 20 percent reduction in vital functions of life.

“I’m a mammal, not a clock,” he said. “I can’t go to the bathroom 20 percent less.” Read More

A California Budget for the 99%

Distributed by emasil, January 6, 2012
HHS Network of California

As you may have heard, Governor Brown released his 2012-2013 CA Budget ahead of schedule yesterday. The budget included severe cuts to Health and Human Services in CA – nearly $2.5 billion total.

We are appalled that Governor Brown’s solution to California’s budget crisis is $2.5 billion in cuts to essential health and human services. Since 2008, California’s health and human services have suffered an astounding $15 billion in cuts, and this budget only continues the gutting of the social safety net that so many California families depend on.

How the $2.5 Billion in Cuts Breaks Down: Read the rest of this entry »

Brown Budget Released: Developmental Services, and CalWORKS Face Huge Cuts

California Progress Report January 05 2012

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Send to friendBy Marty Omoto
California Disability Community Action Network

Governor Brown released his proposed 2012-2013 State Budget that calls for, as he previously announced in November, $157 million in new state general fund spending reductions to developmental services in the current budget year to be achieved in large part due to higher than expected savings from previously approved cuts and other changes, and another $200 million in new cuts in state general fund spending during the 2012-2013 State budget year that begins July 1, 2012.

The cuts in the 2012-2013 State Budget year could – depending on where the reductions are made – swell to $400 million if federal matching funds are included. Read the rest of this entry »

UDW Preliminary Overview; FY 2012-2013 Governor’s Budget

Overview

Governor Jerry Brown submitted his budget to the state legislature on January 5, 2012. The Governor’s budget forecasts a combined deficit of $9.2 billion ($4.1 billion in the current fiscal year and $5.1 billion in FY 12-13). Though this is a significant improvement over the budget deficit in January 2011 (estimated at $25.4 billion), addressing this shortfall promises to be just as difficult.

Notably, as a result of roughly $16 billion in spending cuts enacted in the last year, California’s structural – or ongoing – deficit is now estimated to be less than $5 billion in each of the next three years. The State is slowly recovering from the Great Recession; however this recovery is plagued by external factors such as the European debt crisis and political instability on the Federal level. Read the rest of this entry »

MORE PAIN AHEAD: GOVERNOR’S PROPOSED 2012-2013 BUDGET CALLS FOR FURTHER CUTS IN IHSS

Even as UDW and other IHSS stakeholders fight through the courts to prevent a 20 percent across the board cut in IHSS already mandated in the current state budget, Gov. Jerry Brown’s proposed 2012-2013 budget recommends even more cuts to the program.

Among his recommendations, the governor is reintroducing a cut he proposed last year to eliminate domestic and related services for all IHSS consumers who live with someone else (even if those they are living with are NOT their providers). This will affect approximately 300,000 IHSS consumers who would lose an average of 17 hours on top of the 23 hours that would be cut with the 20% and an earlier 3.6% cut.

UDW quickly criticized the governor’s proposals, claiming that “just like his predecessor, Gov. Brown continues to try to use the IHSS program as a ‘piggy bank’ for budget cuts. IHSS cuts were wrong in 2008; they are just as wrong in 2012.” Read the rest of this entry »

California’s $1B Automatic Budget Cuts at a Glance

Mercury News
By The Associated Press Posted: 01/01/2012

Gov. Jerry Brown announced in December that California’s tax revenue will fall short of his earlier projections, triggering automatic budget cuts to schools, colleges and social services. The governor said revenue is projected to fall $2.2 billion short of that figure for the current fiscal year, prompting about $1 billion in cuts that will take effect starting Jan 1.Brown warns that additional trigger cuts will be part of his budget proposed for the fiscal year starting July 1 if voters reject his plans for tax hikes. Here is a look at the midyear cuts: Read the rest of this entry »

Federal District Court Hearing on IHSS 20% Cut Set for January 19th

CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK
Report #2042011 – DECEMBER 13, 2011 - TUESDAY NIGHT

California Budget Crisis:
FEDERAL DISTRICT COURT HEARING ON IHSS 20% CUT SET FOR JANUARY 19TH – TEMPORARY RESTRAINING ORDER BLOCKING THAT CUT WILL REMAIN IN FORCE UNTIL THAT HEARING DATE

20% IHSS Reduction Part of the $1 Billion in State Budget “Trigger Cuts” Authorized Today By Governor Brown – January 19th Hearing Also Will Consider ”Class Certification” of Lawsuit

SACRAMENTO, CA (CDCAN) [Last updated 12/13/2011 07:41 PM] - The original December 15th federal district court hearing on the lawsuit (David Oster, et al v. Will Lightbourne and Toby Douglas) that – at least temporarily – has stopped implementation of a 20% across-the-board reduction in service hours for possibly hundreds of thousands of people with disabilities, mental health needs and seniors in the In-Home Supportive Services (IHSS) program has been rescheduled for January 19th (Thursday). That hearing date is subject to change (as is any court hearing date). Read the rest of this entry »

BUDGET TRIGGER PULLED BY STATE DEPARTMENT OF FINANCE

Enacted in July of this year, the state budget included an assumption that the state would receive $4 billion in additional tax revenue during the fiscal year (July 1, 2011 to June 30, 2012). This estimate was based on what appeared to be a growing trend of increased tax collections. The budget, however, also included provisions that should revenue not materialize at the anticipated levels it would “trigger” additional spending cuts to account for that lost revenue. The budget instructed the Department of Finance to determine by December 15, 2011 if these trigger cuts would take place.

Unfortunately, the additional tax revenue did not materialize at the expected levels. This problem was first addressed by the Legislative Analyst’s Office in a report released in mid-November (click here to read LAO report), and was confirmed today by Governor Brown during a press conference. According to the Department of Finance, the state’s updated revenue estimate for the current fiscal year will be $2.2 billion below the revenue anticipated in the July budget. Even though this estimate is higher than what was predicted by the LAO in November, it still results in the implementation of the “trigger” cuts, which will total approximately $981 million dollars (click here the read the 2011-2012 revenue forecast). Read the rest of this entry »

December 15th Federal Court Hearing Date on IHSS 20% Reduction Postponed – Temporary Restraining Order Blocking Cut From Implementation Remains in Force Until New Hearing Date

CDCAN Report #200-2011 – DECEMBER 12, 2011 – MONDAY

California Budget Crisis:
Federal District Court Judge Expected To Announce New Hearing By Wednesday - Department of Social Services Issues December 7th Instructions to Counties to Comply With Court Order Stopping the Cut

SACRAMENTO, CA (CDCAN) [Last updated 12/12/2011 02:00 PM] - The December 15th federal district court hearing on the lawsuit (David Oster, et al v. Will Lightbourne and Toby Douglas) that – at least temporarily – has stopped implementation of a 20% across-the-board reduction in service hours for possibly hundreds of thousands of people with disabilities, mental health needs and seniors in the In-Home Supportive Services (IHSS) program, has been postponed. The temporary restraining order (TRO) that was issued December 1st by US District Court Judge Claudia Wilken that required the Brown Administration to halt all actions to implement the 20% across-the-board cut will remain in force until the new court hearing date. Read the rest of this entry »

Exposing “Paycheck Deception” – dangerous new initiative to be aware of

Home > Elections & Politics Impacting IHSS

This initiative silences working people.

Wealthy corporate interests are once again coming after union families in an effort to silence our voice and clear the field of any opposition to their agenda. This latest attack comes in the form of a “paycheck deception” ballot initiative that corporate backers say is about special interests, but in fact is designed to strip middle class workers from having a voice in politics. This initiative has qualified to appear on the November 2012 general election ballot.

Proponents of the initiative claim it would reign in campaign contributions by both unions and corporations, but in fact, the deceptive wording of the initiative specifically targets union members, while a big loophole leaves corporate campaign contributions essentially unscathed and unchecked.

Get the FACTS on “Paycheck Deception”

Poll: Two-Thirds of Calif. Voters Disapprove of Automatic Budget Cuts

Home > State Budget News Category .

California Healthline, Thursday, December 6 2011

About two-thirds of California voters oppose the possibility of automatic, midyear state spending cuts, according to a Field Poll, the Riverside Press-Enterprise reports.

The poll surveyed 1,000 registered voters from Nov. 15 to Nov. 27 and has a margin of error of plus or minus 4.5 percentage points (Miller, Riverside Press-Enterprise, 12/5).

Background

In June, Gov. Jerry Brown (D) approved an $86 billion state budget plan that was based on spending cuts, fee hikes and expectations of higher revenue later in the fiscal year. Lawmakers also relied on an assumption that the state would receive $4 billion in new revenue over what previously was expected through June 2012. Read more

Judge grants reprieve to 372,000 on cuts in in-home care

Home > State Budget News

San Francisco Chronicle

A federal judge has apparently granted at least a temporary reprieve to 372,000 elderly and disabled Californians who faced a 20 percent cut in their in-home care on Jan. 1.

U.S. District Judge Claudia Wilken of Oakland issued a temporary restraining order Thursday that prohibits the state from taking any immediate steps to carry out the reductions — in particular, from mailing out notices to all recipients, starting next week. Wilken said a lawsuit by disability-rights groups and other advocates raised “serious questions” about whether the cuts would violate federal health and disability laws by forcing recipients into nursing homes.

That means it’s highly unlikely the reductions can take effect Jan. 1, said Stacey Leyton, one of the lawyers who filed the suit. She said the state’s attorneys had told Wilken they needed to send out the notices next week to start the clock running for cutbacks on New Year’s Day. Read the rest of this entry »

Judge issues temporary order to halt IHSS cuts

Home > State Budget News

Published in: Mercury News. By Josh Richman
Thursday, December 1st, 2011 at 5:23 pm in state budget.

A federal judge in Oakland has issued a temporary restraining order to keep California from implementing a 20 percent across-the-board cut in the In-Home Supportive Services program on Jan. 1.

IHSS is meant as an alternative to nursing homes or other out-of-home institutionalization for the elderly, disabled and blind. The deep cut was part of the state budget deal passed earlier this year. Read the rest of this entry »

Court Grants Temporary Restraining Order to Prevent State Action on 20% Cut to In-Home Supportive Services Program

Home > State Budget News

United States District Court Judge Claudia A. Wilken granted an emergency temporary restraining order (TRO) Dec. 1^st which prevents the state from taking any actions to implement a 20 percent across-the-board reduction in In Home Supportive Services (IHSS) hours on January 1, 2012. The reduction was mandated in the 2011-12 state budget passed earlier this year.

The action was requested today by a coalition that included UDW and other provider unions, and Disability Rights California and other disability and senior advocacy organizations.

“We are pleased that Judge Wilken recognized the urgency of preventing the state from moving ahead with this devastating cut that would affect nearly 400,000 elderly and disabled Californians,” said Doug Moore, UDW Executive Director. “We believe these cuts to IHSS would violate the Americans with Disabilities Act and other laws and need to be stopped immediately. Read the rest of this entry »

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