CURRENT CUTS IMPACTING PROVIDERS & CONSUMERS OF IHSS
UDW and other IHSS unions and advocates reached a legal agreement in order to stop 20% cuts that would have devastated our families and clients.
We’ve agreed to extend the current 3.6% cuts and accept an additional 4.4% cut (8% total) in July 2013. The cut will then drop to 3.4% (7% total) in July 2014 and will be ongoing. Meanwhile, we’ll be working to fully restore these hours by seeking additional revenue to offset the cut.
ACL 13-47 (Issued June 7, 2013) instructing counties on implementation of cuts.
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WHAT YOU AND YOUR CLIENT CAN DO
Make sure your client has been authorized the correct number of hours they are entitled to by law:
- IHSS recipients (consumers) have the right to ask for a reassessment of their authorized hours at any time. If the consumer needs to adjust service hours because they believe they have not been assessed appropriately, it is the consumer’s right to request a state hearing to review the current amount of aid they are receiving.
- IHSS consumers do not have the right to an appeals hearing when the only issue they disagree with is the state law requiring a cut in their IHSS hours. However consumers or their representatives retain the right to appeal any other county action made on their case. In other words the reduction does not preclude any reassessment to which a recipient would otherwise be entitled.
- More information about IHSS reassessments and appeals/state hearings.
UNMET NEED IMPACTS HOW CUTS ARE APPLIED
“Unmet need” refers to a situation where the IHSS consumer already has the maximum hours allowed (283 hrs) but needs more hours of care than IHSS provides. In many cases these additional hours are provided through family members. Those unpaid 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 cut will be applied first to the unmet need. Therefore the actual reduction (cuts) to IHSS hours may be significantly less.
If the IHSS consumer has unmet need that is not documented, under assessed, or incorrectly printed on their NOA, we recommend that they submit an appeal as soon as possible.
If you or your client need additional information about budget cuts, 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, Spanish, & Vietnamese.