Understanding UDW’s work in Sacramento

-- Why legislation affects homecare workers
and how you can help --

California 's elderly and people with disabilities, home care workers, family and supporters, are all personally affected by political legislation (laws) that can help or hurt programs like IHSS.

Latest Updates from  the Capitol

Political decisions can cut funding and decrease your wages or even eliminate home care workers jobs. Good representation and legislation will increase funding so that you can get raises, medical benefits, and additional support like getting paid while your client is in the hospital.

Your union's ability to represent you - to get legislation passed that helps you, and fight against legislation that hurts you - is possible because of how many registered voters we represent, and how active those voters are.  Elected officials must listen to the opinion of voters. That is why it is so important for home care workers, clients, and their supporters to be involved, write their representatives and also register to vote.

Background

As a home care worker you mail your time-cards in to the county when you want to be paid, because the IHSS program is “administered” by the county. When your union (UDW/AFSCME) negotiates for higher wages and benefits for workers, they have to bargain with the county. But that doesn’t mean the money for workers wages are paid by the county. The "In Home Supportive Services (IHSS) program" is run by the county because the law says they have to do it. Actually, 50% of the wages for home care workers come from the State treasury and 50% of the money comes from the federal government. The county pays a small portion (around 20%) of the cost at first, but the county is paid back their share later on, out of state sales tax revenue and vehicle license fees. This pay back is called "re-alignment" and delays in re-alignment along with other political uncertainties make counties cautious about granting wage increases.

Counties depend on state and federal funding for your wages. That money comes only as long as the politicians in Sacramento agree that "home care" is something they should spend tax money on.

This is why UDW must represent workers, not only at the local county level but also in Sacramento and Washington. Basic improvements for home care workers like wages and benefits require legislation (laws) at the state and federal level so that those improvements can be paid for. Other changes to make the IHSS system better, (like direct deposit for workers paychecks, or a respite worker system), need similar laws to get passed before the improvements can be made. Often this takes years of incremental progress, working within the legislative system.

UDW writes bills and gets sponsors for these bills, lobbies representatives to get the legislation passed, hires analysts to study proposed laws and how they will affect home care workers, supports bills that other people propose that will help IHSS workers and clients, and prepares reports to show the people who pass these laws why it is important to support home care.

Home care workers and their clients help themselves and their union when they register to vote, write letters to their local newspaper or representatives; become involved with Bargaining Committees; IHSS Advisory Committees; or County Board of Supervisors public meetings.

Below is an overview of the State budget process, followed by a short history of how the State budget has affected, or attempted to cut the IHSS program in recent years. Following that is a list of recent and current legislation that may influence the IHSS program and home care workers. 

Once you have looked at the budget and the bills that are currently being considered, you can call or write your representatives and let them know your views.  There are links at the bottom of this page (Links for researching bills or representatives) that will take you to sites for identifying and contacting your representatives.  If you have any questions you can contact your union.

The State Budget Process

Each year the Governor submits a budget proposal to the legislature for their review and approval. The Department of Finance and Legislative Analyst’s Office give updates on changes in the money the state is receiving and spending. These revisions are reflected in the updated version of the Governors’ budget called the “May Revise”. The May Revise is a good indication of what the final version of the State budget will look like.

The budget is heard by legislators in the Senate and Assembly budget committees for input from the public (this is when unions and various advocates plan rallies to tell the Governor how they feel about his budget).

After the proposed budget goes through the Senate and Assembly budget committees, it is given to all 120 members of the legislature for a vote. A 2/3 vote or 80 members of the legislature have to approve the budget for it to be approved by the legislature. When it is approved by the legislature it is given back to the Governor with any changes that legislators might have made from public input, the Department of Finance or the Legislative Analyst’s Office. The Governor then has until June 15 to sign the budget before it is considered late.

History of the State Budget’s Affect on Homecare

2002: the Legislative Analyst recommended eliminating payment for homecare workers who are relatives of IHSS consumers, as well as the "advance pay" option, whereby some IHSS workers are able to be paid in advance. UDW together with representatives and members of the aged, blind and disabled community, came together to lobby heavily against this proposal. Working together, we ensured that the Legislature would turn down this recommendation.

2003: when California was in the depths of its fiscal crisis, Governor Davis proposed that increased responsibility for a number of programs be "realigned" to the state. Among these was the IHSS program. This proposal failed. The Governor also recommended that California suspend state participation in increased IHSS wages. UDW opposed this proposal.

2004: Governor Schwarzenegger proposed reducing the IHSS caseload by 62.4 million hours of care, eliminating or curtailing services for 75,000 seniors and people with disabilities and cutting $881.3 million in funding—35% of the entire caseload. Part of this sweeping cut, was again to eliminate payment for homecare workers who are relatives of IHSS consumers. Fortunately, UDW along with the disability community and other stakeholders succeeded in showing that this proposal was not only heartless but fiscally irresponsible. (04 Campaign) UDW and their staff reported on the impact of this disastrous proposal, showing that it would end up costing more. (04 Budget Analysis) We worked with the Governor to secure a federal waiver enabling California to receive funding for 50% of the costs of the “residual” population. When the waiver was approved, Governor Schwarzenegger then agreed to continue funding the state share of the residual program.

2005: Governor Schwarzenegger proposed reducing the state participation in the IHSS program to $6.75 an hour and eliminating health benefits. We told the Governor that doing so would leave about 17,000 clients without services, force at least 4,000 recipients into nursing homes, and cause 19,000 of our members to fall into poverty rolls (05 Campaign). Then we showed the Governor that reducing our member’s wages to $6.75 an hour would not save the state money. It would increase the cost to the state by $100 million by forcing some people into nursing homes because $6.75 an hour would not attract new providers and force some existing providers to quit (05 Budget Analysis). Once again, UDW along with help from the disability community and other stakeholders were able to get Governor Schwarzenegger to change his mind and continue funding wages at their current level.

2006: Governor Schwarzenegger, for the most part, spared the IHSS program from major reductions. The budget fully funded IHSS wages and benefits. However, UDW will continue to monitor the Governor’s Quality Assurance Initiative, which the Governor has proposed to standardize how hours are approved for the IHSS program throughout this state. UDW along with other stakeholders have asked the Administration about the projected reduction in funds associated with implementation of the Quality Assurance Initiative. The Administration maintains their commitment to develop Hourly Task Guidelines that do not have a pre-designed outcome to either increase or reduce IHSS hours but intend to prevent the “geographic differences between counties in the approval of IHSS hours.” However, considering the large cost reductions projected with "Quality Assurance" we are continuing to monitor this initiative.

2007: Schwarzenegger back to reducing funds for the IHSS program.
In 2007 the Governor attacked IHSS providers’ wages and benefits two ways: in the budget and with legislation which proposed to “freeze” state participation in IHSS wages and benefits. Then he introduced legislation (SB 782, Cogdill) which proposed to do the same thing. Thanks to the lobbying and protests organized by UDW and IHSS stakeholders sb782 failed to pass, and the program was saved from cuts.

2008: This year California has a budget crises and the governor is again proposing cuts to IHSS. He wants to reduce funding for the administration of the program and also cut IHSS consumer's domestic and related services hours permanently (across the board by 18%) beginning July 1st. Our fight to ensure that IHSS consumer’s hours are protected this year will be a particularly tough due to huge deficit in the state budget, but there are alternatives to cuts like these. We need your help to let your legislators and the Governor know that they should consider other alternatives like closing tax loopholes for the rich or raising taxes before they cut vital hours to IHSS consumers!
More information
Write your legislators

The Basic Legislation that
Formed our Present IHSS System:

Assembly Bill 1682 (Honda, Villaraigosa, Shelley, Peace, Burton ) ‘99 – requires each county to establish an “IHSS Employer of Record” (resulting in the formation of the IHSS “Public Authorities” or PA’s) and guaranteeing IHSS home care workers in the State of California the right to collective bargaining. This bill also established that Advisory Committees/Boards be formed in each county, with consumer rights to majority representation and the right of consumers to train their own home care provider. UDW sponsored and won enactment for this bill.

Recent and Current Bills
Impacting IHSS Home Care Workers

See our page with Legislative Updates and Reports from the Capitol for UDW's current information on the State budget or specific bills as they move through the legislature.

How a Bill Becomes Law

To follow a bills progress in the current legislative year, read the actual text of the bill, or otherwise research its history, you can go to: http://www.aroundthecapitol.com/  Look for the “CapitolSearch” box and enter the bill number or sponsor i.e. “AB 3048 (Dymally)” This site will also send you free email updates on the progress of a bill.

Links for researching bills or representatives:

AFSCME legislator search  To find names and contact information for all your elected officials, including the president, members of Congress, governors, state legislators, and more, click the link above then scroll to bottom of the page where it says "Look up Elected Officials" and enter your zip code:

The above page also has a "Congressional Scorecard" feature for looking up your elected representatives record, and "View Candidates for Office" so that you can research candidates before you vote.

http://www.aroundthecapitol.com/
Follow the progress of bills through the legislature. Look for the “CapitolSearch” box and enter the bill number or sponsor i.e. “AB 3048 (Dymally)” This site will also send you free email updates on the progress of a bill.

http://www.capaihss.org/Legislation.html
Because Public Authorities are the legal entities that administer the IHSS program, their concerns and interests are often parallel to that of home care workers. The above link will take you to the legislative page on their website where you can research proposed legislation that has an effect on IHSS.

Network of Care, a site specializing in home care issues, has a database (searchable list) of State and Federal legislation, as well as a detailed overview of the legislative process, glossary of terms, and an easy way to find and contact your representatives:
State Bills of interest to home care workers
Federal Bills of interest to home care workers