Courtesy of California Disability Community Action Network www.cdcan.us
Advocacy Without Borders

NEWS REPORT
#093-2006  December 6, 2006  Early Wednesday Morning
Marty Omoto, Director/Organizer 
To Respond to THIS email report reply to: martyomoto@rcip.com   CDCAN website: www.cdcan.us
 
Schwarzenegger Administration
* DEPT OF DEVELOPMENTAL SERVICES TO CANCEL "CADDIS"
* STATEWIDE COMPUTER SYSTEM PROJECT LONG DELAYED
* CANCELLATION WILL NOT INTERRUPT ANY SERVICES SAYS DDS

SACRAMENTO -  After years of delay and millions of dollars spent, the Schwarzenegger Administration announced yesterday that it will cancel the statewide computer project - still not operational - that was supposed to improve the tracking of expenditures and services of nearly 200,000 people with developmental disabilities receiving community-based services from the 21 non-profit regional centers under contract by the Department of Developmental Services (DDS).   The computer system, known as the "California Developmental Disabilities Information System" or "CADDIS"  was meant to centralize data and information to improve case management, provider reimbursement, and overall fiscal monitoring, though some advocates have previously raised skepticism that the new system would do any of those things.

First begun under the Davis Administration in July 2000 and originally scheduled to be up and running in late 2003,  the controversial project has been under intense fire by the legislative budget committee members of both parties and advocates who were angry at cost over runs and delays. Since the beginning of the project  the CADDIS computer project has gone through and continued to experience major delays, setbacks and problems that  increased costs and raised questions on whether the project should continue.  [Note: for more information about CADDIS, go to the Department of Developmental Services website at http://www.dds.ca.gov/CADDIS/CADDIS.cfm]

Cancellation Will Not Interrupt Any Services
The Department of Developmental Services made a special point to assure that no person will have any services interrupted as a result of the cancellation of the computer project because the system was never operational. 
Many advocates for people with disabilities and many of the regional centers were also critical of the project and generally applauded and supported  the action by the Department of Developmental Services - though raised concerns about how soon and what specific alternatives can be put in place. 
The cancellation of the controversial project comes at a time of growing concern among policy makers and advocates alike about how the State will bridge what is projected will be a budget deficit of over $5 billion - and its impact on health and human services and the millions of people with disabilities, mental health needs, seniors, low income families and others who depend on those programs. 

Original Purpose of the "CADDIS" Computer System
According to the Department of Developmental Services, the goals and objectives of the "CADDIS" computer system was meant to use technology to provide:  :
* User friendly, integrated system that will reduce duplicate data entry, data redundancy, and inconsistent data
* Make available information and services to a wider audience (i.e. people receiving services and their families)
* A reduction in manual work steps
* Improving Regional Center planning and budgeting for community programs and services.
* Tracking outcome based information on individual consumers and community programs and services.
* Fulfilling information capture and reporting requirements to increase the level of federal matching funds
* Be in compliance with federal Medicaid requirements

Source Code Rights Issue Main Reason To Cancel Now
Department of Developmental Services officials said the main reason for canceling the project now was because the State was not able to obtain the rights and warranty to the computer system software source code from Deloitte Consulting LLP, the computer project vendor.

"Although all parties negotiated extensively in an attempt to meet the budget conditions, we have been unable to successfully negotiate the rights to the computer system code under terms acceptable to the State" according to a Department of Developmental Services official, adding that "Of particular concern is the lack of warranty for the source code".

The Department of Developmental Services said language in the 2006-2007 State Budget passed by the Legislature and signed into law by the Governor last June 30, required the State to obtain the rights to the source code, which means the right to change or modify, enhance and use the software in whatever form the State deemed necessary and also meaning there is no obligation to continue a contract with Deloitte Consulting LLP to do so.  That is a common occurrence between a vendor and a contractor when software, especially for commercial use,  is custom produced. 

Delgadillo Provided Update To Hundreds At CDCAN Townhall Telemeeting October 31
At a recent CDCAN Advocacy Without Borders Townhall Telemeeting held October 31, Terri Delgadillo, the Department of Developmental Services director newly appointed to the position by the Governor in August, said to an audience of over 400 persons with disabilities, families, workers, community organizations, regional center staff and others, that an assessment of the project would be done probably by January and some final decision made by the time the Governor issued his revisions to his budget proposal in May.  She made no commitment that the computer project would continue and acknowledged that there were problems and delays.  That assessment and final decision turned out to come much sooner due to the breakdown of negotiations between the State and the software vendor regarding the rights to the software source code. 

The State has spent, according to the Department of Developmental Services over $10 million on the project since 2000, but would have had to invested more than $50 million more to have changes made to make the new computer system work.  State Legislative Budget Committee information reports that the lack of implementation, as of Spring 2006, will mean the loss of over $50 million in federal funds (see below for details). 

Department of Developmental Services Reasons To Cancel "CADDIS"
The Department of Developmental Services indicated that the following were reasons that led to the cancellation of the project: 
* The California Developmental Disabilities Information System (CADDIS) was intended to be an "information technology solution to improve fiscal and program efficiency and accountability for the 21 non-profit regional centers in the delivery of services to persons with developmental disabilities living in the community" according to the Department of Developmental Services..
* A feasibility study conducted in 1999 recommended a "Commercial-Off-The-Shelf" product solution, and the project and recommendation was approved in February 2000. 
* In August 2002, Department of Developmental Services signed a contract with Deloitte Consulting to implement the CADDIS project..
* Since the beginning, according to the Department of Development Services,  the project has experienced a number of delays and setbacks that have increased costs of the project and called into question the appropriateness of a Commerical-Off-The-Shelf product for CADDIS.
* The Department of Developmental Services reported that "all 21 regional centers were not actively involved throughout the process and their business needs were not adequately assessed.  The scope, size, and complexity of the Project were underestimated.  These deficiencies resulted in the [Commerical-Off-The-Shelf] COTS software having to undergo extensive modifications and initially failing user acceptance testing.  The current CADDIS software still requires additional modification to sufficiently meet the operational needs of the regional centers".
* In 2005, based upon the project’s track record and the concerns of many of the project’s stakeholders including regional centers, the State contracted with an independent consulting firm for a review of the CADDIS project to assess its viability and likelihood of successful completion.  The independent assessment concluded that the project could be successfully completed but that the State should, before proceeding further, conduct a technical review of the system and obtain rights to the software source code.
* According to the Department of Developmental Services (DDS), "based on this positive independent assessment of the project; the confirmation by the pilot regional centers of the ability of CADDIS to meet their needs; and the fact that it would cost the State significantly more to restart the project, DDS recommended and the Legislature approved moving forward with the technical assessment and acquisition of the source code.  Specifically, in the 2006-07 budget bill, the Legislature adopted language that required DDS to obtain rights to the [Commerical-Off-The-Shelf] COTS software on par with the rights normally associated with custom developed software (i.e., the rights to modify, enhance, and use the software in whatever form necessary in perpetuity and without the need to continue a contract with Deloitte [Consulting])."
* The Department of Developmental Services said "Although all parties negotiated extensively in an attempt to meet the budget conditions, we have been unable to successfully negotiate the rights to the computer system code under terms acceptable to the State.  Of particular concern is the lack of warranty for the source code. The State has invested over $10 million in a system that continues to require modifications that are estimated to cost over $50 million.  The State cannot take on the additional risk associated with the lack of source code warranty. Given our inability to fulfill the budget requirements coupled with the critical need of DDS to implement consumer programs reliant on new technology, especially the Self Directed Services (SDS) program, the project must be terminated.  The termination will not interrupt the delivery of consumer services."

Legislative Budget Committee Members and Staff Closely Reviewed Progress Last April
In October 2005 the Governor's Department of Finance oversaw an independent project review, prepared by Information Integration Innovation & Associates, Inc and a report was provided to the Legislature and the report identified serious concerns about completing the computer system project (CADDIS). However the report did recommend that CADDIS be continued as a project and legislative budget committee staff raised concerns about the lack of "comprehensive" information about the overall viability of the project. 

By April 2006 frustration by Legislative Budget Committee members and staff reached a near breaking point on continued delays, costs, and loss of federal funds resulting from delays in the implementation of CADDIS.  As a result, the computer system project was the focus of a special Senate Budget Subcommittee #3 on Health and Human Services hearing on April 24th last year, and was discussed at length during the Assembly Budget Subcommittee on Health and Human Services held that same day.

Members of the budget subcommittees and staff also claimed then the lack of "comprehensive information" regarding the project from the Department of Developmental Services, though did say that Department officials were responsive in reporting progress of the project and pilot testing.  Department of Developmental Services Director Terri Degadillo, then acting director last spring, was grilled by members of both parties, but addressed their concerns by assuring a full and careful review of the project and a report back. 

IMPACT OF DELAY AND CANCELLATION OF COMPUTER SYSTEM
The delay in implementing the statewide developmental services computer system - and the subsequent cancellation has significant impact in the loss of federal funds, and also resulted in a delay of the start-up of one major program (Self Directed Services).

Persons Receiving Services, Families and Providers
* No direct or immediate impact as computer system (CADDIS) was never operational.  However there is an impact as a result of the delay of programs like Self Directed Services - caused by the delay and now cancellation of CADDIS. 
* And there is an impact of loss of federal funds, the loss of at least $10 million in State funds already spent on the project - and the need to likely spend millions more to come up with a replacement system

Loss of Federal Funds
* The State Senate and Assembly Budget Committees reported late last spring that due to continued delays of the computer system project, California will lose over $50 million in federal funds between July 1, 2005 and June 30, 2007 (at least $19.9 million in the State budget year 2005-2006, and another $31.8 million estimated for the State budget year 2006-2007). though reportedly some measures were taken to reduce the loss of those funds.
* Advocates have pointed out that those lost federal funds could have freed up State general fund dollars to increase funding for other community-based services - though budget committee staff and members felt the lost federal funds could have been used to save State dollars to help cover any shortfall or fund other programs. 

Cost of Developing New Alternative
While the Department of Developmental Services has not announced any alternative to replace the computer project, legislative budget staff and other observers have estimated that it could cost possibly tens of millions of dollars more in State funds. 

Self Directed Services.
* Department of Developmental Services officials say the program, delayed by over a year and is scheduled to actually start-up sometime in mid to late 2008.
* Self Directed Services is a version of "Self Determination pilot projects" across the nation and more specifically 5 pilots that have been operating in the State, where a person with disabilities (or senior) is able to choose or develop their own services and programs. The Self Directed Services program - proposed in 2005 by the Schwarzenegger Administration as a "cost containment" measure and a new innovative way of delivering services - is a similar model except with some restrictions on what services a person can choose and with a capped budget that is 10% less than what was spent on them before enrolling in the Self Directed Services Program. 
* Implementation of Self Directed Services was tied to a successful roll-out of the CADDIS computer system and the Department of Developmental Services says it now "...continues to assess other mechanisms to implement [Self Directed Services] SDS by either modifying the current information systems or establishing a separate system for [Self Directed Services] SDS. "
* By February 2007 the Department of Developmental Services will share with stakeholders a draft application for a waiver to federal Medicaid regulations to provide matching funds for the Self Directed Services Program (which has a scheduled start-up date now of mid to late 2008 - though some advocates believe the start-up will be delayed even further)
* By April 2007 the Department of Developmental Services will file proposed regulations to implement Self Directed Services with the State's Office of Administrative Law, for release and comment by the general public. 

STRING OF STATE COMPUTER PROJECT FAILURES & CONTROVERSIES
The failure of the Department of Developmental Service computer project is follows other previous failed and expensive computer projects that the State canceled because of costs and problems with the software to function that occurred under the last four governors.
Major problems and glitches were also encountered with the State's voter registration data and controversy regarding computerized voting either with use of touch screens or similar devices that impacted the right of people with disabilities and the persons who are blind, to vote.  Examples of some these computer or software failures and controversies: 
* 1994 - After six years and $49 million in spending State funds,  the Department of Motor Vehicles (DMV) pulled the plug on its  computer system project after ongoing delays and unresolved problems and continued rising costs.  Then Governor Pete Wilson established the Governor's Office of Technology as a result to avoid future problems and learn from the mistakes and delays caused by the failed DMV system. 
* 1997 -   After 10 years of long delays, ongoing problems and glitches, the "California Statewide Automated Child Support System" was terminated by the Department of Social Services. The troubled project was originally budgeted to cost $99 million but swelled to $173 million, and if it was continued, would have cost the State over $300 million to implement. 
* 2002 -  The Davis Administration entered into a $95 million contract with Oracle Corporation that was found to be unnecessary and overpriced by the independent and non-partisan State Auditor. After a grueling legislative hearing on the issue, 3 of Governor Davis' aides were fired or resigned after it was revealed that the governor's technology adviser accepted a $25,000 campaign contribution shortly after the contract was signed (which reportedly was later returned).
* 2005-2006 - problems with voter registration system , and on-going controversy with touch screen and other automated voting systems and its impact on the rights of people with disabilities, seniors and people who are blind.
* 2006 - After six years and over $10 million reportedly spent in State funds, the Department of Developmental Services cancels the California Developmental Disabilities Information System that was long delayed, plagued by problems, rising costs and never operational.  .

NEXT STEPS
The cancellation of the computer project has no direct and immediate impact on persons with developmental disabilities receiving community-based services funded through the 21 regional centers because the computer system was never operational.  However the delay and cancellation has had an impact on the startup of a new significant program - Self Directed Serviced.  That program, which the Schwarzenegger Administration hopes will be approved by the Federal Government for federal matching funds under a Medicaid Waiver, originally depended on the computer system being operational for critical data in compiling individual budgets and other information for persons who wish to be enrolled in that program. 
Governor's Proposed Budget
To be released on or by January 10, it will likely contain cost estimates and proposals for an alternative to the now canceled CADDIS computer system project, with added pressure as a result of a projected multi-billion dollar budget deficit next year,
Department of Developmental Services
* Will work with other state departments and the vendor to shut down the project - though no timeline was released. 
* Will establish an advisory group to address interim technology needs and review and discuss long term options. The advisory group will consist of representatives of the Department of Developmental Services, regional centers, State's information technology experts and other appropriate stakeholders.  No specific meeting dates or timeline was released. 
* By February 2007 will share with stakeholders a draft application for a waiver to federal Medicaid regulations to provide matching funds for the Self Directed Services Program (which has a scheduled start-up date now of mid to late 2008)
* By April 2007 will file proposed regulations to implement Self Directed Services with the State's Office of Administrative Law, for release and comment by the general public. 
Legislative Budget Committees
The issue of the CADDIS computer system will likely to discussed by the Assembly and Senate Budget Subcommittees on Health and Human Services in the Spring, as well as whatever alternative the Schwarzenegger Administration comes up with (among other major issues). 

CONTRIBUTIONS NEEDED!
CDCAN News Reports and Alerts -
These CDCAN Reports are partially funded by a small grant from the USC UCEDD, Grant #90DD0540 from the Administration on Developmental Disabilities.  The opinions expressed or content in these reports do not necessarily reflect the views or opinions of the USC UCEDD.  But more contributions are needed!  Please send to:
CDCAN
1223 8th Street Suite 480
Sacramento, CA 95814
The California Disability Community Action Network is a non-partisan link to tens of thousands of Californians in every community, including people of color, people of every type of disability, including people with physical disabilities, people with developmental and other disabilities, people with traumatic brain and other injures, people with mental health needs, seniors, people with MS, Alzheimer's and others, and all of their families, community organizations and providers, direct care and other workers, and other advocates. These action alerts and news reports is for all of them.   If you would like to get on this distribution (and conversely, get off of  it) please send an email with that  request to:  martyomoto@rcip.com OR sign up via the NEW CDCAN website at www.cdcan.us  Sharing information is part of our organizing effort. Please feel free to forward or copy  this (attribution is nice but not necessary). We're all in this together!
MANY THANKS to Training Toward Self Reliance, UCP, California NAELA, Californians for Disability Rights, Inc (CDR), CHANCE Inc, Parents Helping Parents, Arriba, Strategies Toward Empowering People, Parents Helping Parents, Asian American parents groups, Resources for Independent Living and many other Independent Living Centers, several regional centers, People First chapters, IHSS workers, other self advocacy and family support groups, developmental center families, and hundreds of individuals.  Thanks also to partnerships and the good people with the State Council on Developmental Disabilities, and also the Department of Health Services, the Department of Developmental Services, Department of Social Services and the CA Health and Human Services Agency and other agencies, and the State Legislature and staff, the Legislative Analyst Office.  Good people who do good things can make a difference together.

NEWS REPORT
#084-2006  September 29, 2006 -  Friday
REMEMBER: REGISTER TO VOTE! SEE CDCAN WEBSITE FOR INFO. DECISIONS ARE MADE BY THOSE WHO SHOW. SHOW UP - REGISTER AND VOTE - AND PARTICIPATE IN CDCAN TOWN HALL TELEMEETING OCT 2 FEATURING COUNTY REGISTRARS OF VOTERS INCLUDING CONTRA COSTA, FRESNO. LA COUNTY, SACRAMENTO COUNTY AND THE WOMEN'S LEAGUE OF VOTERS! 
Marty Omoto, Director/Organizer 
To Respond to THIS email report reply to: martyomoto@rcip.com   CDCAN website: www.cdcan.us
 
Action By Governor
* GOVERNOR VETOES SIX REMAINING IHSS BILLS
* VETOES AB 2486 ON IHSS BACKGROUND CHECKS
* VETOES AB 3048 FOR HEALTH RELATED APPOINTMENTS COMPENSATION
* VETOES PILOT THAT WOULD HAVE OPENED IHSS SERVICES TO OTHERS

SACRAMENTO -  Gov. Arnold Schwarzenegger vetoed the six remaining bills that impacted In-Home Supportive Services (IHSS), today (Friday, September 29) saying that "the just don't make sense fiscally". 

The bills vetoed by the Governor cover issues including providing payment to IHSS workers for training, compensation for IHSS workers who provide necessary assistance for IHSS recipients during medical appointments as allowed by federal law , and criminal background checks for IHSS workers.  In addition, proposed regulations impacting IHSS Quality Assurance are moving forward.  A CDCAN Townhall Telemeeting focusing on legislation acted on by the Governor, and the proposed regulations and next steps in IHSS Quality Assurance will be held in early October (the September 6 Townhall Telemeeting was postponed due to illness of the state official who oversees the IHSS Quality Assurance Program and who was scheduled to be a guest speaker).

"While I appreciate the authors’ good intentions with these bills, they just don’t make sense fiscally,” said Gov. Schwarzenegger.  “We’ve been able to grow the economy through historic job creation, without raising taxes.  With California’s economy on the rebound, we cannot afford to make the mistakes of the past by expanding on-going programs with one-time funds.”

The Governor vetoed:
AB 2469 by Assemblymember Noreen Evans (D-Santa Rosa): In-home supportive services and personal care option services: funding.
AB 2486 by Assemblymember Mark Ridley-Thomas (D-Leimert Park): IHSS Background Checks
AB 2494 by Assemblymember Mark Ridley-Thomas (D-Leimert Park): In-home supportive services: provider training.
AB 3048 by Assemblymember Mervyn Dymally (D-Compton): IHSS: assistance during health-related and alternative site appointments.
SB 1435 by Senator Deborah V. Ortiz (D-Sacramento) - IHSS pilot project: eligibility: purchase of service.
SB 1660 by Senator Gloria Romero (D-Los Angeles):  In-Home Supportive Services: provider wage and benefit increases.

In-Home Supportive Services (IHSS) provides in-home supports and services to over 300,000 children and adults with developmental and/or other disabilities and seniors and over 300,000 persons who are IHSS workers.  The In-Home Supportive Services (IHSS) program provide services to eligible persons who are aged, blind, and/or have developmental and or other disabilities, mental health needs to enable them to live in their own homes.

CDCAN SUMMARY OF BILLS IMPACTING IHSS THAT GOVERNOR VETOED

AB 2469 - IHSS FUNDING FOR COUNTIES
AUTHOR: Assemblymember Noreen Evans (Democrat - Santa Rosa)
MOST CURRENT STATUS 09/29/06: Vetoed by Governor
NEXT STEPS: None
PREVIOUS ACTIONS:  Passed Senate 21-12 on 08/30/06.  Passed Assembly 46-31 on 08/31/06.
VETO MESSAGE FROM GOVERNOR:
To the Members of the California State Assembly:
Ensuring low-income seniors and persons with disabilities have access to necessary services that help them remain safely at home has been a top priority for my Administration. To that end, my Administration secured an unprecedented waiver that provided California more $1.7 billion in new federal funds to support the In-Home Supportive Services program, generating approximately $100 million in local savings annually. Further, California's minimum wage increase, which I signed into law, will strengthen the In Home Supportive Services (IHSS) program and lead to a raise for more than 10,000 IHSS providers.
While I strongly support making prompt and stable payments to local government andchampioned a constitutional amendment to protect local government revenues, I am unable to support Assembly Bill 2469. This bill would make one program - IHSS - a higher priority for county funding than other critical programs and services funded by realignment revenues including child welfare services, adult protective services, mental health care, and health care services for children with disabilities and chronic illnesses. I am concerned that AB 2469 shifts costs from counties to the state and puts at risk services for children, seniors and persons with disabilities. Accordingly, I am returning AB 2469 without my signature.
Sincerely, Arnold Schwarzenegger
WHAT THIS BILL WOULD DO:
* Allows smaller counties (populations 250,000 or smaller) to receive an advance of funds from the State General Fund based upon increased costs (caseload growth) in their IHSS program, to be later repaid from other State revenues owed to the county
STATE CODE SECTION IMPACTED:   
Adds Sections 12300.3 and 12300.4 to the Welfare and Institutions Code, relating to public social services
IMPACT TO PEOPLE WITH DISABILITIES/SENIORS:
* Major impact on the smaller counties providing IHSS services by providing funding relief which in turn can them better provide IHSS services to persons who need them in their counties - especially to new recipients.  According to Assemblymember Evans,  these smaller counties can expect a 15 to 18 -month delay in receiving funds from the State to cover caseload growth funds while larger counties have the ability to "float" their costs if they wish to expand their IHSS programs
* Also impacts, according to Assemblymember Evans, the ability of these smaller counties to provide funding for increased IHSS worker wages and benefits.
  
AB 2486 - IHSS BACKGROUND CHECKS  
AUTHOR: Assemblymember Mark Ridley-Thomas (Democrat - Los Angeles)
MOST CURRENT ACTION 09/29/06: Vetoed by Governor.
NEXT STEPS:  None
PREVIOUS ACTIONS:  Passed State Senate 26-7 on 08/23/06. Passed Assembly 65-14 on 08/28/06.
VETO MESSAGE FROM GOVERNOR:
To the Members of the State Assembly:
While I strongly support efforts to protect IHSS consumers from criminal predators, this measure does not improve consumers' safety. Current law authorizes the Public Authorities to conduct background investigations. This measure merely shifts costs for the criminal background check to the State. For this reason, I am returning AB 2486 without my signature.
Sincerely, Arnold Schwarzenegger
WHAT BILL WOULD DO:
* Authorizes the background checks of certain potential IHSS personnel by a nonprofit consortium or public authority to include criminal background checks conducted by the Department of Justice or, in certain circumstances, by an investigative consumer reporting agency, upon the request of the nonprofit consortium or public authority.
* Would prohibit a fee from being charged to a IHSS worker (provider), potential personnel, or a person receiving or eligible to receive IHSS services (recipient) to cover any cost related to administering requirements with respect to an investigation, or the costs to certain entities for processing a criminal background check under the provisions of this bill.
* This bill would provide that it is not to be construed to prohibit the Department of Justice from assessing a fee to cover the cost of furnishing summary criminal history information pursuant to existing law.
STATE CODE SECTION IMPACTED:   
Amends Section 12301.6 of the Welfare and Institutions Code, relating to public social services.
IMPACT TO PEOPLE WITH DISABILITIES/SENIORS:
* Major impact to both persons receiving IHSS services and to IHSS workers (providers),  other persons who work in the IHSS program in the county.
* Another bill, AB 3040 by Assemblymember LaMalfa (Republican - ) also dealing with IHSS background checks and fingerprinting, died in the Assembly Human Services Committee this year.  SB 1247 by Sen. George Runner (Republican - Lancaster) was approved by the Governor on 08/22/06 dealt with including certain workers of tribal gaming agencies and also placed additional background check requirements on persons performing fingerprinting.
    
AB 2494 - IHSS WORKER TRAINING HOUR WAGES
AUTHOR: Assemblymember Mark Ridley-Thomas (Democrat - Los Angeles)
MOST CURRENT ACTION 09/29/06: Vetoed by Governor.
NEXT STEPS:  None
PREVIOUS ACTIONS:  Passed State Senate 23-11 on 08/23/06.  Passed Assembly 56-22 on 08/28/06.
VETO MESSAGE FROM GOVERNOR:
To the Members of the California State Assembly:
Although I support the goal of increased training for IHSS providers, the purpose and focus of the program is to provide services that enable seniors and persons with disabilities to remain safely in their homes and communities. To this end, I negotiated an unprecedented federal waiver to secure $1.7 billion in new federal funding to support the IHSS program.
As I stated in my veto message for AB 899 (Ridley-Thomas), reimbursing IHSS providers for hours spent in training, not delivering services to consumers, would be a departure from the focus of the IHSS program and increase costs for activities other than direct services to consumers. For these reasons, I am returning AB 2494 without my signature
Sincerely, Arnold Schwarzenegger
WHAT BILL WOULD DO:
* Authorizes an IHSS worker (provider) to receive wages for up to 6 hours of  training as specified in this bill, per calendar year if all of the following conditions are met:
- Training is under the supervision of a registered nurse, licensed vocational nurse, or a certified nurse assistant and
- Training is subject to collective bargaining, approved by the California Department of Social Services and qualifies for maximum federal financial participation (federal funding) and,
- Training covers any of the several specified areas including safety and emergency procedures, personal care skills, the rights of persons who receive IHSS services, communication and interpersonal skills, infection prevention and elder abuse identification.
* Would limit implementation to the extent that funds are appropriated for its purposes, and require the Secretary of California Health and Human Services to actively pursue available federal funding for training authorized by the bill.
* Would prohibit counting the training under this bill against the assessed hours for a person receiving IHSS services (recipient)
* Allows training hours to be authorized for a IHSS worker (provider) who provides transitional training for, or receives transitional training from, another IHSS worker, in order to meet the individual needs of a person receiving IHSS services and is changing their IHSS worker.
 Would authorize an entity that provides instruction in a field identified in the bill to enter into a memorandum of understanding (agreement)  with the representative or employer of record of IHSS providers, for the purpose of providing the training authorized by the bill.
STATE CODE SECTION IMPACTED:   
Adds Section 12303.45 to the Welfare and Institutions Code, relating to public social services.
IMPACT TO PEOPLE WITH DISABILITIES/SENIORS::
Major impact to both children and adults with developmental disabilities, adults with disabilities, persons with mental health needs and seniors and others receiving IHSS services, and major impact also to IHSS workers.
Assemblymember Ridley-Thomas previous authored an almost identical bill last year, AB 899, which was vetoed by the Governor.
    
AB 3048 - IHSS: ASSISTANCE TO HEALTH RELATED APPOINTMENTS
AUTHOR: Assemblymember Mervyn Dymally (Democrat - Los Angeles)
MOST CURRENT ACTION 09/29/06: Vetoed by Governor.
NEXT STEPS: None.
PREVIOUS ACTIONS: Passed State Senate 29-9 on 08/29/06.  Passed Assembly 54-25 on 08/30/06.
VETO MESSAGE FROM GOVERNOR:
To the Members of the California State Assembly:
The In-Home Supportive Services (IHSS) program provides services specifically targeted at assisting seniors and persons with disabilities remain safely in their homes and communities. IHSS providers are already reimbursed to transport consumers to and from the doctor so consumers can access necessary services.
Assembly Bill 3048 would constitute a departure from the focus of the IHSS program and increase costs for activities other than in-home services for consumers.
Additionally, AB 3048 expands IHSS services regardless of the availability of federal funding to cover program costs. It creates a program funded solely by the state and counties, contrary to the unprecedented federal waiver negotiated by my Administration which secured $1.7 billion in new federal funding and made IHSS a program funded jointly by the federal, state and county governments. For these reasons, I am returning AB 3048 without my signature.
Sincerely, Arnold Schwarzenegger
WHAT BILL WOULD DO:
* Requires that In-Home Supportive Services (IHSS)  workers (providers) be paid for providing necessary assistance to persons who receive IHSS services (recipients) while at medical appointments, but only to the extent permitted by federal law and policies.
* Would require the California Department of Social Services to add the components of accompanying a person receiving IHSS services to medical appointments, to the existing state standardized IHSS curriculum and training materials, in consultation with counties, and to provide statewide training.
STATE CODE SECTION IMPACTED:   
Would add Section 12300.15 to the Welfare and Institutions Code, relating to public social services.
IMPACT
* Major impact to both persons receiving IHSS services who need assistance during their medical appointment, and to their IHSS workers who currently are not compensated to provide such assistance.
* The version of the bill passed by the Assembly  allowed payment to an IHSS worker for a "reasonable amount of waiting time" during a medical appointment, but no more than one hour per visit - but this was deleted in the State Senate.
* The final version of the bill passed, that included State Senate  amendments, removed the cap, as well as any reference to paying an IHSS worker for waiting time instead limited payment only for providing necessary assistance during the appointment to the extent permitted by federal law.

SB 1435 - IHSS PILOT: ELIGIBILITY TO PURCHASE IHSS SERVICES
AUTHOR:  Sen. Deborah Ortiz (Democrat - Sacramento)
MOST CURRENT STATUS 09/29/06: Vetoed by Governor
NEXT STEPS: None
PREVIOUS ACTIONS:  Passed Assembly 47-31 on 08/23/06.  Passed State Senate 25-14 on 08/29/06.
VETO MESSAGE FROM GOVERNOR:
To the Members of the California State Senate:
As I stated last year when I vetoed a substantially similar bill, AB 477 (Baca), I am concerned that expanding the In-Home Supportive Services (IHSS) program to a new, higher income population may negatively impact the ability of low-income seniors and persons with disabilities currently enrolled in the IHSS program to secure the services they need. Senate Bill 1435 would require counties to have a surplus of providers when initiating the pilot program. However, there is no requirement that the county maintain adequate providers throughout the project.
IHSS consumers often report difficultly in locating, hiring, and retaining quality service providers. Allowing those who are not currently IHSS consumers to purchase services through the IHSS program and hire the limited number of registered providers may exacerbate these challenges. For this reason, I am returning SB 1435 without my signature.
Sincerely, Arnold Schwarzenegger
WHAT BILL WOULD DO::   
* Would require the State to establish a 4 year pilot project that authorizes certain persons who are not eligible financially  to receive in-home supportive services, to instead be eligible to pay  for those services.
* Requires that the pilot project  be conducted in 3 counties that voluntarily agree to participate, and requires the development of eligibility guidelines, and to consult informally with designated entities and stakeholders.
* Would provide that those 3 participating counties shall not be responsible for a share of cost for the administration of, or services provided under, the bill.
* Permits a participating county to contract with a qualified private agency home care provider, if the provider meets specified requirements.
* Would prohibit a person providing in-home supportive services pursuant to the bill from being paid more in wages and benefits than if the person were providing those services to an individual under the IHSS program, and would prohibit the eligibility assessment of an applicant under the IHSS program from being delayed by the eligibility assessment of a person desiring services under this bill.
* Would require the Department of Social Services to ensure that the pilot project is conducted so as to secure maximum federal funding including, if necessary, applying for a federal waiver.
* Provides that this bill shall only be implemented if sufficient funds are appropriated in the annual Budget Act.
* Requires the Department of Social Services to study the success of the pilot project using a specified set of factors, including the impact on non-IHSS vendors, workers, and referral  agencies, and make the results of this study available to the appropriate policy and budget committees of the State Legislature.
IMPACT TO PEOPLE WITH DISABILITIES/SENIORS
* Major potential impact on persons with disabilities and seniors who currently do not qualify for IHSS services due to their income levels who Sen. Ortiz says will benefit from the availability of IHSS services.
* Major potential impact on home health agencies and other providers who provide non-IHSS in-home services - many who have registered opposition to the measure.
* Major potential impact to IHSS workers in those three counties, and to persons with disabilities and seniors who already receive or are eligible to receive IHSS services.

SB 1660 - IHSS PROVIDER WAGE AND BENEFIT: STATE FUNDING CAP
AUTHOR: Sen. Gloria  Romero (Democrat - Los Angeles)
MOST CURRENT STATUS 09/29/06: Vetoed by Governor.
NEXT STEPS: None
PREVIOUS ACTIONS: Passed Assembly 50-27 on 08/24/06.  Passed State Senate 26-13 on 08/30/06.
VETO MESSAGE FROM GOVERNOR:
To the Members of the California State Senate:
Ensuring that low-income seniors and persons with disabilities have access to services that help them remain safely at home has been a top priority for my Administration. To that end, my Administration secured an unprecedented waiver that provided California more $1.7 billion in new federal funds to support the In-Home Supportive Services (IHSS) program, generating approximately $100 million in local savings annually.
Further, California's minimum wage increase, which I signed into law, will strengthen the IHSS program and lead to a raise for more than 10,000 IHSS providers. Using local funds, counties are already paying higher wages to IHSS providers. SB 1660 does little to impact compensation for IHSS providers, it merely requires the state to pay millions more for raises approved by the counties. I believe this policy is more appropriately addressed through the budget process. For these reasons, I am returning Senate Bill 1660 without my signature.
Sincerely, Arnold Schwarzenegger
WHAT BILL WOULD DO: 
* Would establish the cap on state matching funding (participation) for IHSS worker wages and benefits at  $12.10 per hour for the state fiscal year of 2006-2007 and every fiscal year after that.
* Repeals provisions of existing State law that establishes a formula that makes the wage and benefit cap to $12.10 per hour contingent upon the estimates exceeding 5% of revenues from the previous budget year, in the State Budget Revision (released in May of each year by the Governor)
STATE CODE SECTION IMPACTED:   
Amends Section 12306.1 of the Welfare and Institutions Code, relating to public social services.
IMPACT TO PEOPLE WITH DISABILITIES/SENIORS
* Major impact if the bill is signed into law by the Governor because it would, according to supporters of the bill, streamline the funding formula for the counties that in turn would make it easier for them to pay higher IHSS worker wages and benefit.
* The bill itself does not increase IHSS worker wages - it sets the cap on the amount of funding the State will match, and streamlines the formula or the procedures on how the State can provide the funds.
* Sen. Romero has stated that  higher wages and benefits for IHSS workers leads to better quality supports and services to people who need it, and also increases the availability of IHSS workers. 

NEWS REPORT
#080-2006  September 25, 2006 -  Monday 1 PM
REMEMBER: REGISTER TO VOTE! SEE CDCAN WEBSITE FOR INFO. DECISIONS ARE MADE BY THOSE WHO SHOW. SHOW UP - REGISTER AND VOTE - AND PARTICIPATE IN CDCAN TOWN HALL TELEMEETING OCT 2 FEATURING COUNTY REGISTRARS OF VOTERS INCLUDING LA COUNTY, SACRAMENTO COUNTY AND OTHERS! 

Marty Omoto, Director/Organizer 
To Respond to THIS email report reply to: martyomoto@rcip.com   CDCAN website: www.cdcan.us
 
In-Home Supportive Services
* Several In-Home Services Bills Before Governor
* Governor Has Until September 30th to Sign or Veto Bills
* Some Have Major Impact To People With Disabilities/Seniors & Workers

SACRAMENTO - Several bills relating to In-Home Supportive Services (IHSS) that impact well over 300,000 children and adults with developmental and/or other disabilities and seniors who receive those services and over 300,000 persons who are IHSS workers are waiting for action by the Governor, with only 5 days left for him to sign or veto bills sent to him by the Legislature before they adjourned for the year on August 31. The Governor could take action on these bills any day now.  [Note: CDCAN will issue a report as soon as that happens.]

The In-Home Supportive Services (IHSS) program provide services to eligible persons who are aged, blind, and/or have developmental and or other disabilities, mental health needs to enable them to live in their own homes.

Bills Cover IHSS Training, Medical Appointment Assistance Compensation, Background Checks
The bills cover issues including providing payment to IHSS workers for training, compensation for IHSS workers who provide necessary assistance for IHSS recipients during medical appointments as allowed by federal law , and criminal background checks for IHSS workers.  In addition, proposed regulations impacting IHSS Quality Assurance are moving forward.  A CDCAN Townhall Telemeeting focusing on legislation acted on by the Governor, and the proposed regulations and next steps in IHSS Quality Assurance will be held in early October (the September 6 Townhall Telemeeting was postoned due to illness of the state official who oversees the IHSS Quality Assurance Program and who was scheduled to be a guest speaker). 

Other Bills Acted On By Governor Impact IHSS Workers and Recientsip
Other major  legislation that are not specifically about IHSS, but impact persons who receive IHSS services or impacts IHSS workers include SB 840 that would have created a single payer system of healthcare coverage for all Californians, which was vetoed by the Governor on September 22 (see previous CDCAN Report) and SB 162, which the Governor signed on September 14 (see  previous CDCAN Report) which will create, effective July 1, 2007, a new Department of Public Health, transferring several programs, including licensing, from the Department of Health Services.  It would also rename the current Department of Health Services to the Department of Health Care Services, effective July 1, 2007.

CDCAN SUMMARY OF BILLS IMPACTING IHSS

AB 2469 - IHSS FUNDING FOR COUNTIES
AUTHOR: Assemblymember Noreen Evans (Democrat - Santa Rosa)
MOST CURRENT STATUS 09/19/06: Sent to Governor
NEXT STEPS: Governor has until 09/30/06 to sign or veto this bill
PREVIOUS ACTIONS:  Passed Senate 21-12 on 08/30/06.  Passed Assembly 46-31 on 08/31/06.
WHAT THIS BILL WOULD DO:
* Allows smaller counties (populations 250,000 or smaller) to receive an advance of funds from the State General Fund based upon increased costs (caseload growth) in their IHSS program, to be later repaid from other State revenues owed to the county
STATE CODE SECTION IMPACTED:    
Adds Sections 12300.3 and 12300.4 to the Welfare and Institutions Code, relating to public social services
IMPACT TO PEOPLE WITH DISABILITIES/SENIORS:
* Major impact on the smaller counties providing IHSS services by providing funding relief which in turn can them better provide IHSS services to persons who need them in their counties - especially to new recipients.  According to Assemblymember Evans,  these smaller counties can expect a 15 to 18 -month delay in receiving funds from the State to cover caseload growth funds while larger counties have the ability to "float" their costs if they wish to expand their IHSS programs
* Also impacts, according to Assemblymember Evans, the ability of these smaller counties to provide funding for increased IHSS worker wages and benefits. 
   
AB 2486 - IHSS BACKGROUND CHECKS   
AUTHOR: Assemblymember Mark Ridley-Thomas (Democrat - Los Angeles)
MOST CURRENT ACTION 09/08/06: Sent to Governor
NEXT STEPS: Governor has until 09/30/06 to approve or veto bill.
PREVIOUS ACTIONS:  Passed State Senate 26-7 on 08/23/06. Passed Assembly 65-14 on 08/28/06.
WHAT BILL WOULD DO:
* Authorizes the background checks of certain potential IHSS personnel by a nonprofit consortium or public authority to include criminal background checks conducted by the Department of Justice or, in certain circumstances, by an investigative consumer reporting agency, upon the request of the nonprofit consortium or public authority.
* Would prohibit a fee from being charged to a IHSS worker (provider), potential personnel, or a person receiving or eligible to receive IHSS services (recipient) to cover any cost related to administering requirements with respect to an investigation, or the costs to certain entities for processing a criminal background check under the provisions of this bill.
* This bill would provide that it is not to be construed to prohibit the Department of Justice from assessing a fee to cover the cost of furnishing summary criminal history information pursuant to existing law.
STATE CODE SECTION IMPACTED:    
Amends Section 12301.6 of the Welfare and Institutions Code, relating to public social services.
IMPACT TO PEOPLE WITH DISABILITIES/SENIORS:
* Major impact to both persons receiving IHSS services and to IHSS workers (providers),  other persons who work in the IHSS program in the county. 
* Another bill, AB 3040 by Assemblymember LaMalfa (Republican - ) also dealing with IHSS background checks and fingerprinting, died in the Assembly Human Services Committee this year.  SB 1247 by Sen. George Runner (Republican - Lancaster) was approved by the Governor on 08/22/06 dealt with including certain workers of tribal gaming agencies and also placed additional background check requirements on persons performing fingerprinting. 
     
CA AB 2494 - IHSS WORKER TRAINING HOUR WAGES
AUTHOR: Assemblymember Mark Ridley-Thomas (Democrat - Los Angeles)
MOST CURRENT ACTION 09/08/06:  Sent to Governor.
NEXT STEPS: Governor has until 09/30/06 to approve or veto bills. 
PREVIOUS ACTIONS:  Passed State Senate 23-11 on 08/23/06.  Passed Assembly 56-22 on 08/28/06.
WHAT BILL WOULD DO:
* Authorizes an IHSS worker (provider) to receive wages for up to 6 hours of  training as specified in this bill, per calendar year if all of the following conditions are met:
- Training is under the supervision of a registered nurse, licensed vocational nurse, or a certified nurse assistant and
- Training is subject to collective bargaining, approved by the California Department of Social Services and qualifies for maximum federal financial participation (federal funding) and,
- Training covers any of the several specified areas including safety and emergency procedures, personal care skills, the rights of persons who receive IHSS services, communication and interpersonal skills, infection prevention and elder abuse identification.
* Would limit implementation to the extent that funds are appropriated for its purposes, and require the Secretary of California Health and Human Services to actively pursue available federal funding for training authorized by the bill.
* Would prohibit counting the training under this bill against the assessed hours for a person receiving IHSS services (recipient)
* Allows training hours to be authorized for a IHSS worker (provider) who provides transitional training for, or receives transitional training from, another IHSS worker, in order to meet the individual needs of a person receiving IHSS services and is changing their IHSS worker. 
 Would authorize an entity that provides instruction in a field identified in the bill to enter into a memorandum of understanding (agreement)  with the representative or employer of record of IHSS providers, for the purpose of providing the training authorized by the bill.
STATE CODE SECTION IMPACTED:    
Adds Section 12303.45 to the Welfare and Institutions Code, relating to public social services.
IMPACT TO PEOPLE WITH DISABILITIES/SENIORS::
Major impact to both children and adults with developmental disabilities, adults with disabilities, persons with mental health needs and seniors and others receiving IHSS services, and major impact also to IHSS workers. 
Assemblymember Ridley-Thomas previous authored an almost identical bill last year, AB 899, which was vetoed by the Governor. 
     
AB 2536 - EMPLOYMENT: MINIMUM WAGE & OVERTIME COMPENSATION
AUTHOR: Assemblymember Cindy Montanez (Democrat - San Fernando Valley)
MOST CURRENT ACTION 09/12/06: Sent to Governor.:
NEXT STEPS: Governor has until 09/30/06 to approve or veto bills.
PREVIOUS ACTIONS: Passed State Senate 24-14 on 08/23/06. Passed Assembly 47-31 on 08/28/06.
WHAT BILL WOULD DO:
Provides that existing State law on overtime compensation requirements shall apply, with certain major exceptions, to a personal attendant, as defined. By imposing additional requirements on employers, the violation of which would be a misdemeanor, the bill would impose a state mandated local program.
Would entitle a household worker, as defined, in any action to recover unlawfully withheld wages or unpaid overtime compensation under any of these provisions, to recover liquidated damages in an amount equal to the unlawfully withheld wages or unpaid overtime compensation plus interest on that amount.
* The bill exempts from the definition of "personal attendant" a person who is employed by a private household, or by a third party employer, to work in a private household to supervise, feed or dress a person who, by reason of advanced age, physical disability, or mental disability, needs supervision.
* Exempts from the definition of "personal attendant" and "liven household employee" persons receiving payment for providing services under specified programs, including IHSS and Medi-Cal.
* Also exempts employees providing care for a child if the parent or guardian of the child receives services to any program authorized under the Child Care and Development Services Act  or the California Work Opportunity and Responsibility to Kids Act (CalWORKS), and employees with direct responsibility for a child who is under 18 years of age or who is not emancipated from the foster care system and who, in either case, is receiving 24 hour residential care from a licensed community care facility.
STATE CODE SECTION IMPACTED:    
Amends Sections 500 and 510 of, and to add Section 1194.3 to, the Labor Code, relating to employment.
IMPACT TO PEOPLE WITH DISABILITIES/SENIORS:
No significant impact as a result of amendments made in the State Senate in August, the bill generally only applies to nannies - exempting in-home workers and attendants who provide services or supports under IHSS, Medi-Cal, hired by third party agencies, etc.
   
AB 3048 - IHSS: ASSISTANCE TO HEALTH RELATED APPOINTMENTS
AUTHOR: Assemblymember Mervyn Dymally (Democrat - Los Angeles)
MOST CURRENT ACTION 09/14/06 : Sent to Governor
NEXT STEPS: Governor has until 09/30/06 to approve or veto bills.
PREVIOUS ACTIONS: Passed State Senate 29-9 on 08/29/06.  Passed Assembly 54-25 on 08/30/06.
WHAT BILL WOULD DO:
* Requires that In-Home Supportive Services (IHSS)  workers (providers) be paid for providing necessary assistance to persons who receive IHSS services (recipients) while at medical appointments, but only to the extent permitted by federal law and policies.
* Would require the California Department of Social Services to add the components of accompanying a person receiving IHSS services to medical appointments, to the existing state standardized IHSS curriculum and training materials, in consultation with counties, and to provide statewide training.
STATE CODE SECTION IMPACTED:    
Would add Section 12300.15 to the Welfare and Institutions Code, relating to public social services.
IMPACT
* Major impact to both persons receiving IHSS services who need assistance during their medical appointment, and to their IHSS workers who currently are not compensated to provide such assistance. 
* The version of the bill passed by the Assembly  allowed payment to an IHSS worker for a "reasonable amount of waiting time" during a medical appointment, but no more than one hour per visit - but this was deleted in the State Senate.
* The final version of the bill passed, that included State Senate  amendments, removed the cap, as well as any reference to paying an IHSS worker for waiting time instead limited payment only for providing necessary assistance during the appointment to the extent permitted by federal law.

SB 162  - CREATION OF STATE PUBLIC HEALTH DEPARTMENT
AUTHOR:  Senator Deborah Ortiz (Democrat - Sacramento)
MOST CURRENT ACTION 09/14/06: APPROVED by Governor. Filed by Secretary of State, Chapter 241, Statutes of 2006.
NEXT STEPS:  Legislation takes effect on January 1, 2007 - but the actual transfer of programs occurs on July 1, 2007
PREVIOUS ACTIONS: Passed Assembly 79-0 on 08/30/06. Passed State Senate 34-3 on 08/31/06.
WHAT BILL WOULD DO:
Enacts the "California Public Health Act of 2006", which establishes the California  Department of Public Health, to be headed by the State Public Health Officer to be appointed by the Governor, subject to confirmation by the Senate and would rename the California Department of Health Services as the California Department of Health Care Services.
* Will transfer on July 1, 2007, the responsibility for certain programs from the current Department of Health Services to the new Department of Public Health, and would require the State Public Health Officer to convene the newly created Public Health Advisory Committee, consisting of stakeholders appointed by the Governor and State Senate and Assembly leaders
. The bill would retain responsibility for the remaining programs within the renamed State Department of Health Care Services, and would make conforming changes.
* Establishes the Office of Change Management within the current Department of Health Services to provide planning and guidance for transition activities prior to July 1, 2007
STATE CODE SECTIONS IMPACTED:    
Amends Sections 6253.4, 6254.18, 8169.5, and 12803 of, and to add Section 11554.5 to, the Government Code, and to amend Sections 20, 21, 135, 136, 137, 138, 138.4, 151, 152, 100100, 100105, 100170, 109277, and 109282 of, to amend and renumber Sections 100106, 100119, 100175, 100180, 100182, 100185, 100190, 100195, 100200, 100205, 100210, 100215, 100225, 100230, and 100235 of, to add Division 112 (commencing with Section 131000) to, to add and repeal Chapter 3 (commencing with Section 131230) of Division 112 of, and to repeal Section 100117 of, the Health and Safety Code, relating to health.
IMPACT TO PEOPLE WITH DISABILITIES/SENIORS:
While SB 162 does not call for any changes to programs or services that will be transferred to the new Department of Public Health (this includes licensing of Medi-Cal funded facilities such a skilled nursing facilities, intermediate care facilities, etc) or for those programs that will remain in the Department of Health Services (which will be renamed to the Department of Health Care Services), persons receiving Medi-Cal funded services and supports - and workers and organizations providing those services could be potentially impacted.

SB 840 - SINGLE PAYER HEALTH CARE    
AUTHOR: Sen.Kuehl (Democrat - Santa Monica):
MOST CURRENT ACTION 09/22/06: VETOED by Governor.
NEXT STEPS:  In theory the author could ask the Legislature to over-ride the Governor's veto, if the Legislature meets again before December 1, 2006 (it almost certain not to and prospects for an override of this or any bill usually are not good.  Proponents are likely to introduce a new health care reform measure after January 2007 either as a bill or statewide initiative or a combination of both. In addition both the Governor and his challenger for re-election  promises to introduce major health care reform proposals next year.
PREVIOUS ACTIONS: Passed Assembly 45-33 on 08/28/06. Passed State Senate 24-13 on 08/31/06.
WHAT BILL WOULD HAVE DONE:
Would have established the Health Insurance System to be administered by the newly created Health Insurance Agency under the control of a Health Insurance Commissioner appointed by the Governor. Would have made all residents eligible for health care benefits under the Health Insurance System, which would, on a single payer basis, negotiate for or set fees for health care services provided through the system and pay claims for those services. Would have created the Health Insurance Premium Commission to recommend a premium structure.
IMPACT TO PEOPLE WITH DISABILITIES/SENIORS:
Would have had enormous impact on how healthcare services would be delivered to persons with disabilities and seniors receiving IHSS services  - and also to IHSS workers

SB 1435 - IHSS PILOT: ELIGIBILITY TO PURCHASE IHSS SERVICES
AUTHOR:  Sen. Deborah Ortiz (Democrat - Sacramento)
MOST CURRENT STATUS 09/01/06:  Sent to Governor .
NEXT STEPS: Governor has until 09/30/05 to approve or veto bills.
PREVIOUS ACTIONS:  Passed Assembly 47-31 on 08/23/06.  Passed State Senate 25-14 on 08/29/06.
WHAT BILL WOULD DO::    
* Would require the State to establish a 4 year pilot project that authorizes certain persons who are not eligible financially  to receive in-home supportive services, to instead be eligible to pay  for those services.
* Requires that the pilot project  be conducted in 3 counties that voluntarily agree to participate, and requires the development of eligibility guidelines, and to consult informally with designated entities and stakeholders. 
* Would provide that those 3 participating counties shall not be responsible for a share of cost for the administration of, or services provided under, the bill.
* Permits a participating county to contract with a qualified private agency home care provider, if the provider meets specified requirements.
* Would prohibit a person providing in-home supportive services pursuant to the bill from being paid more in wages and benefits than if the person were providing those services to an individual under the IHSS program, and would prohibit the eligibility assessment of an applicant under the IHSS program from being delayed by the eligibility assessment of a person desiring services under this bill.
* Would require the Department of Social Services to ensure that the pilot project is conducted so as to secure maximum federal funding including, if necessary, applying for a federal waiver.
* Provides that this bill shall only be implemented if sufficient funds are appropriated in the annual Budget Act.
* Requires the Department of Social Services to study the success of the pilot project using a specified set of factors, including the impact on non-IHSS vendors, workers, and referral  agencies, and make the results of this study available to the appropriate policy and budget committees of the State Legislature.
IMPACT TO PEOPLE WITH DISABILITIES/SENIORS
* Major potential impact on persons with disabilities and seniors who currently do not qualify for IHSS services due to their income levels who Sen. Ortiz says will benefit from the availability of IHSS services. 
* Major potential impact on home health agencies and other providers who provide non-IHSS in-home services - many who have registered opposition to the measure. 
* Major potential impact to IHSS workers in those three counties, and to persons with disabilities and seniors who already receive or are eligible to receive IHSS services. 

SB 1660 - IHSS PROVIDER WAGE AND BENEFIT: STATE FUNDING CAP
AUTHOR: Sen. Gloria  Romero (Democrat - Los Angeles)
MOST CURRENT STATUS 09/07/06:  Sent to Governor
NEXT STEPS:  Governor has until 09/30/06 to approve or veto bills.
PREVIOUS ACTIONS: Passed Assembly 50-27 on 08/24/06.  Passed State Senate 26-13 on 08/30/06.
WHAT BILL WOULD DO:  
* Would establish the cap on state matching funding (participation) for IHSS worker wages and benefits at  $12.10 per hour for the state fiscal year of 2006-2007 and every fiscal year after that.
* Repeals provisions of existing State law that establishes a formula that makes the wage and benefit cap to $12.10 per hour contingent upon the estimates exceeding 5% of revenues from the previous budget year, in the State Budget Revision (released in May of each year by the Governor)
STATE CODE SECTION IMPACTED:    
Amends Section 12306.1 of the Welfare and Institutions Code, relating to public social services.
IMPACT TO PEOPLE WITH DISABILITIES/SENIORS
* Major impact if the bill is signed into law by the Governor because it would, according to supporters of the bill, streamline the funding formula for the counties that in turn would make it easier for them to pay higher IHSS worker wages and benefit.
* The bill itself does not increase IHSS worker wages - it sets the cap on the amount of funding the State will match, and streamlines the formula or the procedures on how the State can provide the funds.
* Sen. Romero has stated that  higher wages and benefits for IHSS workers leads to better quality supports and services to people who need it, and also increases the availability of IHSS workers. 

NEWS REPORT
#079-2006  September 22, 2006 -  Friday
REMEMBER: REGISTER TO VOTE! SEE CDCAN WEBSITE FOR INFO. DECISIONS ARE MADE BY THOSE WHO SHOW. SHOW UP - REGISTER AND VOTE - AND PARTICIPATE IN CDCAN TOWN HALL TELEMEETING OCT 2 FEATURING COUNTY REGISTRARS OF VOTERS INCLUDING LA COUNTY, SACRAMENTO COUNTY AND OTHERS! 

Marty Omoto, Director/Organizer 
To Respond to THIS email report reply to: martyomoto@rcip.com   CDCAN website: www.cdcan.us
 
Action By Governor
* GOVERNOR VETOES SINGLE PAYER HEALTH CARE BILL
* SIGNS OTHER BILLS IMPACTING PEOPLE WITH DISABILITIES
* OKAYS SB 258 -  MOVES FORWARD MEMORIAL AT STATE HOSPITAL

SACRAMENTO -  Gov. Arnold Schwarzenegger as expected, vetoed today SB 840 by Sen. Sheila Kuehl (Democrat - Santa Monica),which would have put in place a single payer system of health care for all Californians,  saying that he could not support a "government run health care system".  The California Legislature, controlled by the Democrats, became the first Legislature in the nation to pass a comprehensive single payer health care bill, in August., though on a strictly party-line vote.  The measure if enacted, would have had major impact on the healthcare of hundreds of thousands of children and adults with developmental disabilities, physical disabilities, mental health needs, traumatic brain and other injuries, and seniors. 

The Governor said in his veto message that "Socialized medicine is not the solution to our state's health care problems. This bill would require an extraordinary redirection of public and private funding by creating a vast new bureaucracy to take over health insurance and medical care for Californians - a serious and expensive mistake. Such a program would cost the state billions and lead to significant new taxes on individuals and businesses, without solving the critical issue of affordability. I won't jeopardize the economy of our state for such a purpose."  [See below for full veto message by the Governor]. 

Approves SB 1270 and SB 1283
With only 8 days left to approve or veto bills sent to him by the Legislature when it adjourned for the year on August 31, Gov. Schwarzenegger also signed several bills impacting people with developmental disabilities including two bills by Sen. Wes Chesbro (Democrat - Arcata), SB 1270 that calls for a study of new approaches to developmental services including a focus on employment, and SB 1283 which makes changes to the State Council on Developmental Disabilities.  The Governor also signed SB 258 which deals with a moving forward on a memorial for persons with disabilities and mental health needs who died and were buried on the grounds of present and past State Hospitals and Developmental Centers.  The Governor also signed several bills relating to foster care, and bills dealing with elections and voting, which will be reported in a separate CDCAN Report,

Kuehl and Democratic Legislative Leaders Vow To Continue Fight
Sen. Kuehl in an earlier press statement said, "It is a mistake for the Governor to reject the only concrete plan now on the table to reform healthcare coverage. In his statement, the Governor says that he cares about ‘affordability,’ but SB 840 would make healthcare coverage affordable, while preserving quality. SB 840 would have protected, by law, the right of consumers to choose their own doctor, making healthcare more competitive than ever.

Assembly Speaker Fabian Nunez (Democrat - Los Angeles) said that, "Democrats will continue the fight to provide healthcare access. With 6.6 million people in our state living without health insurance, we will continue to work in the next legislative session to make affordable, quality healthcare a reality for all Californians."

State Senate President pro Tem Don Perata (Democrat - Oakland) said that "SB 840 would [have] open[ed] affordable, quality health care to all Californians while maintaining private enterprise and respecting personal choice. Signing Senator Kuehl's bill would have been a bold and responsible way for the governor to cap this successful session and make a real difference in people’s lives. Despite the misinformation campaign by opponents and the misguided veto by the governor, California families should be encouraged that this fight will continue."

BILLS IMPACTING DEVELOPMENTAL SERVICES & MENTAL HEALTH
Bills acted on today by the Governor impacting developmental services (for persons with developmental disabilities) and also a bill impacting people with developmental disabilities and people with mental health needs who were residents of the State Hospitals or Developmental Centers and who died and were buried there. 

SB 258  - STATE HOSPITALS: MEMORIALS
Author: Sen. Wes Chesbro (Democrat - Arcata)
Action 09/22/06: APPROVED by the Governor
What the Bill Does:
Authorizes the Department of Mental Health, with respect to any monument or memorial erected, to include, if available,  information identifying, any person being memorialized who died while residing at a state hospital or developmental center and who was buried by the State. Requires the Department of Mental Health, with respect to any plan required to be developed with the State Memorial Project, to seek funding from the State Cultural and Historical Endowment to memorize the gravesite located at Napa Hospital.

SB 1270 - DEVELOPMENTAL SERVICES: SERVICE METHODS
Author: Sen. Wes Chesbro (Democrat - Arcata)
Action 09/22/06: APPROVED by the Governor
What the Bill Does:

Changes current State law authorizing that the Developmental Disabilities Program Development Fund shall provide resources needed to initiate new programs and to expand or convert existing programs, and would specify that all program development funds shall promote services and supports that increase opportunities for self-determination and independence of persons with developmental disabilities.

Requires the State Council on Developmental Disabilities, with the support of the Department of Developmental Services,, to convene a workgroup that will develop alternative and expanded options for nonresidential services and supports for persons with developmental disabilities.

Requires that the workgroup develop and submit their recommendation to the Governor and appropriate committees of the Legislature by May 1, 2007, and incorporated into the state plan after that.

Requires the Department of Development Services to provide to regional centers and make available on the Internet, employment options for persons with developmental disabilities. Requires a plan for training of staff on employment issues of the developmentally disabled. Provides a fund for resources needed to initiate new programs. Provides services of information relevant to making choices about employment options.
.
CA SB 1283 - AREA BOARDS ON DEVELOPMENTAL DISABILITIES
Author: Sen. Wes Chesbro (Democrat - Arcata)
Action 09/22/06: APPROVED by the Governor
What the Bill Does: Requires the Governor to appoint a deputy director for area board operations for the State Council on Developmental Disabilities upon the recommendation of the executive director of the council. Requires the council to request information from regional centers regarding available and needed services and supports at least once every 5 years. Requires the request to be made in conjunction with the area boards and the information to be considered in making the needs assessment.
    
BILLS IMPACTING EDUCATION
These are bills acted on by the Governor that impact students with special needs, including those with disabilities, those with mental health needs. 

AB 1667 - STUDENT HEALTH: STUDENTS WITH EXCEPTIONAL NEEDS
Author: Assemblymember Saldana (Democrat - San Diego)
Action 09/22/06:  APPROVED by the Governor
What the Bill Does: 
Provides that any student with exceptional needs, any pupil with a disability and any other pupil who requires specialized physical health care services, during the regular school day, may be assisted by designated school personnel. Declares the intent of the Legislature that none of the provisions of the bill cause the placement of individuals with exceptional needs at school locations other than those they would attend but for their needs for specialized physical health care services.

SB 638  - BEFORE AND AFTER SCHOOL PROGRAMS
Author: Sen. Torlakson (Democrat - Antioch)
Action 09/21/06: APPROVED by the Governor, Chaptered by the Secretary of State, Chapter 380, Statutes of 2006.
 What the Bill Does:
Relates to the 21st Century High School After School Safety and Enrichment for Teens Program to assist students in passing high school exit exams. Provides hours of operation per week for each program. Revises grant application procedures and requirements for schools and grant priorities for the Department of Education. Requires specified program outcome reports. Revises the grant application requirements. Provides for local assistance funds to support program improvement and technical assistance.

BILLS IMPACTING COMMUNITY CARE FACILITIES
These are bills acted on by the Governor today (September 22) impacting community care facilities that impact seniors, people with disabilities, people with mental health needs, or foster children who live in these facilities licensed by the State of California under the Department of Social Services. 

AB 1979 - COMMUNITY CARE FACILITIES: CRIMINAL RECORD INFORMATION
Author: Assemblymember Karen Bass (Democrat - Los Angeles)
Action 09/22/06: APPROVED by the Governor.
What the Bill Does:
Requires that candidates for mentoring foster children at a community care facility, shall be subject to a criminal background investigation prior to having unsupervised contact with the children. Prohibits the Department of Justice and the Department of Health Services from charging a fee for a state level criminal offender record information search and criminal background investigation.
   
AB 2675 - COMMUNITY CARE FACILITIES CONTINUING EDUCATION
Author: Assemblymember Strickland (Republican - Thousand Oaks)
Action 09/22/06: APPROVED by the Governor
What the Bill Does:
Limits, with respect to group homes, adult residential facilities, and residential care facilities for the elderly, that no more than one-half of the required hours of continued education necessary to renew an administrator's certificate may be satisfied through online courses. Requires all other continuing education hours to be completed in a classroom setting. Requires online education programs to ensure the course contains certain elements. Allows inspections of these certification training programs.

BILLS IMPACTING HEALTHCARE
SB 840 - SINGLE PAYER HEALTH CARE    
Author: Sen. Sheila Kuehl (Democrat - Santa Monica):  
Action 09/22/06: VETOED by the Governor
What the Bill Would Have Done:
Would have established the Health Insurance System to be administered by the newly created Health Insurance Agency under the control of a Health Insurance Commissioner appointed by the Governor. Would have made all residents eligible for health care benefits under the Health Insurance System, which would, on a single-payer basis, negotiate for or set fees for health care services provided through the system and pay claims for those services. Would have created the Health Insurance Premium Commission to recommend a premium structure.
Vetoed Message by The Governor (September 22):
To the Members of the California State Senate:

While I commend Sen. Sheila Kuehl's commitment and dedication to providing health care coverage for all Californians, I must return SB 840 without my signature because I cannot support a government-run health care system.

Socialized medicine is not the solution to our state's health care problems. This bill would require an extraordinary redirection of public and private funding by creating a vast new bureaucracy to take over health insurance and medical care for Californians - a serious and
expensive mistake. Such a program would cost the state billions and lead to significant new taxes on individuals and businesses, without solving the critical issue of affordability. I won't jeopardize the economy of our state for such a purpose.

SB 840 relies on the failed old paradigm of using one source - this time the government - to solve the complex problem of providing medical care for our people. It uses the same one-sided approach tried in SB 2, the employer-mandated coverage measure signed into law before I became governor. I opposed SB 2 because it placed nearly the entire burden on employers, and voters repealed it in 2004.

I want to see a new paradigm that addresses affordability, shared responsibility and the promotion of healthy living. Single payer, government-run health care does none of this. Yet it would reduce a person's ability to choose his or her own physician, make people wait longer for treatment and raise the cost of that treatment.

With my partners in the Legislature, I look forward in 2007 to working to develop a comprehensive and systemic approach to health care that not only provides affordable medical treatment to people when they are ill, but that strives to make sure people don't get sick in the
first place. An approach that supports cost containment and recognizes the shared responsibility of individuals, employers and government. That promotes personal responsibility and builds on existing private and public systems.

As part of this comprehensive approach, my administration already has worked hard on the fight against obesity, a leading cause of disease in this country. I signed the landmark Healthy Schools Now Act, which bans junk food and sugar-laden drinks in public schools. Our budget included $18 million to replace that junk food with fresh fruits and vegetables so we can start promoting healthy living choices for our youngsters. Recently I signed AB 2384 (Leno) to make fruits and vegetables more affordable and accessible in lowincome
communities and AB 2226 (Garcia) to help inform 7th grade students and their parents or guardian(s) of the risk of Type 2 Diabetes.
Our efforts to effectively prevent and detect diseases extend far beyond obesity prevention. I recently signed legislation to ensure early detection of hearing loss through newborn hearing screenings (AB 2651- Jones). Since I’ve taken office we have expanded newborn health screenings from 33 to 85, dramatically increasing the ability to prevent or detect disease early to keep our children as healthy as possible from the beginning.

On the question of access, I've made children's coverage a priority, resulting in nearly a quarter million additional children covered by our Medi-Cal and Healthy Families programs. Building on an $80 million budget investment to target uninsured children who are eligible, but not enrolled in state health care programs, I signed legislation to eliminate roadblocks to coverage, streamline enrollment for Medi-Cal and Healthy Families and reduce the number of kids that lose coverage due to administrative barriers. (SB 437 – Escutia, AB 1948 – Montanez, and AB 1851 – Coto)
And on the question of affordability, I reached agreement with the Legislature to provide discounts on prescription drugs of up to 40 - 60 percent off brand name and generic drugs for our neediest citizens.

But we're not stopping there. I convened a California Health Care Summit in July that for the first time brought together experts on all sides of this issue. At the table with us were representatives from academia, government, business, health care and labor. From that summit and follow-up meetings, there emerged a strong sense of how to proceed on health care reform. Affordability is the key to making our system work for everyone, and affordability is exactly what we are dedicating ourselves to.

By implementing a statewide plan advancing health information technology that I called for in a recent executive order, we can shave billions of dollars off healthcare costs in California. By creating the 500 elementary school-based health centers I called for in our Health Summit, medical treatment will be more accessible to our children who need it most and they can avoid costly emergency care. We have made progress toward this goal by enacting legislation (AB 2561 – Ridley-Thomas) to support California’s school health centers by increasing cross-agency collaboration, gathering data about services delivered in school health centers throughout the state and providing technical assistance to aid in the development of new and existing school health centers.

With the same willingness to compromise that we showed this past legislative session on issues like global warming, I know we can reach our goals. I look forward to working with Sen. Kuehl and other members of the Legislature, as well as the experts who participated in our summit and other stakeholders, to create a healthier California.

For these reasons, I am returning SB 840 without my signature.

Sincerely,
[signed] Arnold Schwarzenegger

 CDCAN News Reports and Alerts
These CDCAN Reports are partially funded by a small grant from the USC UCEDD, Grant #90DD0540 from the Administration on Developmental Disabilities.  The opinions expressed or content in these reports do not necessarily reflect the views or opinions of the USC UCEDD.
The California Disability Community Action Network is a non-partisan link to tens of thousands of Californians in every community, including people of color, people of every type of disability, including people with physical disabilities, people with developmental and other disabilities, people with traumatic brain and other injures, people with mental health needs, seniors, people with MS, Alzheimer's and others, and all of their families, community organizations and providers, direct care and other workers, and other advocates. These action alerts and news reports is for all of them.   If you would like to get on this distribution (and conversely, get off of  it) please send an email with that  request to:  martyomoto@rcip.com OR sign up via the NEW CDCAN website at www.cdcan.us  Sharing information is part of our organizing effort. Please feel free to forward or copy  this (attribution is nice but not necessary). We're all in this together!
MANY THANKS to Training Toward Self Reliance, UCP, California NAELA, Californians for Disability Rights, Inc (CDR), CHANCE Inc, Parents Helping Parents, Arriba, Strategies Toward Empowering People, Parents Helping Parents, Asian American parents groups, Resources for Independent Living and many other Independent Living Centers, several regional centers, People First chapters, IHSS workers, other self advocacy and family support groups, developmental center families, and hundreds of individuals.  Thanks also to partnerships and the good people with the State Council on Developmental Disabilities, and also the Department of Health Services, the Department of Developmental Services, Department of Social Services and the CA Health and Human Services Agency and other agencies, and the State Legislature and staff, the Legislative Analyst Office.  Good people who do good things can make a difference together.