Federal Political & Election Issues Impacting IHSS

New Activism from the Obama Administration
Department of Justice

Tuesday, March 2nd an amicus brief was filed on behalf of people with disabilities by the U.S. Department of Justice

In the lawsuit opposing cuts to IHSS based on Functional Index Scores/Rankings, Governor Schwarzenegger’s Administration is arguing that most of the consumers will not be harmed because they assert that consumers will not become institutionalized.

The U.S. Department of Justice is saying that institutionalization is not the sole issue and that California would be violating the Americans with Disabilities Act (ADA) if cuts to IHSS are implemented based on Functional Index scores. They cite the Townsend case:

“The plaintiff in that case had diabetic peripheral vascular disease and amputations of both legs. Before filing suit, his income qualified him for in-home assistance through the State’s Medicaid program. A small increase in his income, however, subsequently disqualified him from receiving living and medical assistance at home. The State informed him that he would have to move to a nursing home or lose his Medicaid benefits. This Court held that the refusal to continue to provide such benefits in a community-based setting constituted discrimination under Title II.

Hence, the U.S. Department of Justice is agreeing that California would be violating the integration mandate in the ADA if they implemented the FI score cuts. Therefore the cuts are unlawful.