Home » News » IHSS Budget Cuts

IHSS Budget Cuts

Summary of Changes to the IHSS Program
Impacting Clients and Providers

Updated July 7, 2010
 

Last budget year the state legislature voted for serious cuts to the IHSS program that many people consider both immoral and illegal. Those cuts have not taken effect only because UDW and other advocates filed lawsuits to stop them.

IN HIS MAY REVISE, THE GOVERNOR IS NOW PROPOSING TO
ELIMINATE UP TO $750 MILLION FROM IHSS
– ABOUT 50% OF THE PROGRAM –

Snapshot of Governor’s proposed cuts to IHSS in the May revise:

Although rescinding his threat to eliminate IHSS altogether, Governor Arnold Schwarzenegger has instead proposed a massive cut of up to $750 million in the program.  This would represent more than 60 percent of the current IHSS budget.   The proposed cuts are to be made with details “developed using a stakeholder group” however the Administration would make the final decision on what would be proposed to the Legislature July 1st.

We must take every action available to stop the legislature from voting for this reprehensible method of balancing the budget

THERE ARE OTHER CHOICES

Why our voices are so important:
Last year the governor and a few ambitious DA’s generated a lot of negative press around the issue of “fraud” in IHSS. The California legislature voted on cuts following this misinformation spread in the media. This makes it doubly important to contact both your legislators and your local editor or TV news channel to tell your side of this story.

GO HERE TO TAKE ACTION ON THE BUDGET

# # #

Urgent: Action Steps for UDW Providers

UPDATED JULY 7, 2010

 All County Letter from DPSS detailing provider requirements

Concern and confusion about the new IHSS provider enrollment requirements – especially about new eligibility criteria and criminal background checks – has caused a serious problem for IHSS providers and clients and for our union.

That is why we want to provide you with the FACTS about the new enrollment requirements and to urge you to complete the enrollment process as soon as possible.

 

New State Law Requires IHSS Providers to:

1. Complete and sign a Provider Enrollment Form (SOC 426) and return it in person to the location designated by your county IHSS Program or IHSS Public Authority, and bring original documentation verifying your identity such as an unexpired driver’s license or photo identification AND original social security card. You must not return the form to the State Department of Social Services as this will cause a significant delay in the processing of your information.

2. Submit fingerprints at your expense and undergo and pass a criminal background check by the California Department of Justice. If you were convicted within the last 10 years of elder / dependent adult abuse, child abuse or fraud against a government health care or supportive services program you are not eligible to be an IHSS provider.  Find applicant live scan (fingerprinting) in your area: locations and hours of operation

3. Complete a Provider Orientation   If you are a currently authorized provider, you have the right to receive the orientation information by mail. Providers may view the Provider Orientation Video here, courtesy of the IHSS Coalition.  Remember the video is only part of the package of materials that must be reviewed.

4. Sign an IHSS Program Provider Enrollment Agreement (SOC 846) that you understand and agree to the rules and requirements for being an IHSS provider.

If you completed at least one of these steps by  June 30, 2010 you may continue to work, be paid by the IHSS program, and will have until December 31, 2010, to complete the remaining requirements.

As of July 1, 2010, if you want to go to work for another recipient, you will need to complete all four of the new requirements and be determined an eligible IHSS provider before you will be paid by the IHSS program.

Once you have completed these steps and you have been approved by the County or Public Authority to be an IHSS provider, you will continue to be eligible to receive payment for providing authorized services cfor any IHSS recipient as long as you are an active provider and your criminal background check remains clear.

If you have any questions about these new requirements, contact your county IHSS or IHSS Public Authority.

 

It is important to complete enrollment AS SOON AS POSSIBLE.

Reminder of  some additional  important FACTS about the eligibility requirements for IHSS:

  • An incorrect SOC 426 sent out by the state last year asked if the provider “has ever been guilty of a serious felony or misdemeanor.”  You do NOT have to sign the enrollment form if it contains that question.
  • Under the law, you are ineligible to work in the IHSS program ONLY if you have been convicted within the last 10 years of: 1) fraud against a government health care or supportive services program; 2) child abuse; or 3) abuse of an elder or dependent adult.
  • Convictions for other crimes DO NOT make you ineligible to be an IHSS provider.
  • When providing identification documents, the name on your Social Security card needs to be exactly the same as on your ID document.  If your photo ID has a different maiden name or no middle name etc then this has to be corrected by the issuer of the document.
  • If you are a permanent legal resident instead of a citizen, then  you must additionally show proof or legal residency with your Social Security card.

UDW is working with the state, the counties and other organizations representing providers and clients to clear up confusing, contradictory, incomplete, and–in some cases–potentially misleading information. We are also fighting hard in the State Legislature to prevent further cuts in IHSS provider wages or client eligibility.

If you have any questions or need assistance, contact your county’s Public Authority or the UDWA Member Call Center; toll free at (800) 621-5016

# # #

Detail of current changes to IHSS
and updates on litigation

Updated June 7, 2010  

1.

Under Litigation; FUNCTIONAL INDEX CUTS.
These are cuts to consumer’s eligibility or authorized hours based on their Functional Index Score, and were proposed in last year’s 2009-10 budget.  Although the administration is still proposing a 50% cut to IHSS in his May 2010 revise, it is not clear at this time how the cuts would be applied.

This issue is presently under litigation. V.L. et al v. Wagner

U.S. District Court Judge Claudia Wilken declared that the state cannot go forward with cuts planned last year, because they would result in “substantial harm, damage and injury and likely violate federal law.”

This particular injunction relates only to the functional index cuts, and must be considered temporary. Check back for updates.

The state has set up a Toll Free number to help providers that have been cut from the program in error. The number is: (866) 513-5103

2.

Under Litigation; SHARE OF COST BUYOUT PROGRAM. This program was eliminated as of October 1, 2009, through enactment of the 2009-10 state budget mandate. See litigation notes below.

  • The state had a program which helped certain clients pay for a “share of cost” of the IHSS services they receive, based on income. This share of cost program was eliminated due to last year’s budget cuts. Client’s that have a share of cost are now responsible for paying the entire share of cost. This can affect the provider’s paycheck, as “share of cost” can be deducted from the homecare worker’s paycheck. If the client has a share of cost, you need to make arrangements to get paid for any deductions from your paycheck.

Under Litigation

The elimination of SHARE OF COST can not be appealed on an individual basis through a hearing; this change in state law has been enacted and the share of cost buyout has been eliminated at this time.

Nevertheless, litigation challenging the reductions have been initiated. Rulings so far have not succeeded in bringing about an injunction to stop the cuts.
3.

PROVIDER FINGERPRINTING AND CRIMINAL BACKGROUND CHECKS.
Enacted.  See Action Steps above.

– Litigation and Important Note –

It has come to our attention that some counties are asking providers to sign a new form SOC 426 (Provider Enrollment Form) that includes a question about whether the provider “has ever been convicted of a serious crime or misdemeanor.”

COUNTIES SHOULD NOT BE USING THIS FORM.

If you are asked to sign a Form 426, which includes the question about whether you have ever been convicted “of a serious crime or misdemeanor” respectfully refuse to sign the document and refer the county official to All County Letter No. 09-78

More Information and copy of All County Letter (ACL) that pertains to the above issue

FEBRUARY 17th LETTER (ACL) WITH QUESTIONS & ANSWERS ON CRIMINAL BACKGROUND CHECKS FOR IHSS PROVIDERS
 This issue is under litigation. See  Beckworth  v. Wagner

4.

 REVISED PROVIDER ENROLLMENT FORM.
Enacted.  See Action Steps above.
Impacted by litigation on felonies and misdemeanors. See above

  • A revised Provider Enrollment Form must be submitted in-person by all currently employed and new IHSS providers and must include a photocopy made by the county of the original documentation of the provider’s identity.
  • The new form will require the signature of the provider, after having viewed the mandatory provider orientation materials below.
  • The type of form used has been changed due to litigation on the issue of what type of felony or misdemeanor would disqualify a provider. See item #3 above.  
5.

MANDATORY PROVIDER ORIENTATION.
Enacted.  See Action Steps above.

  • All currently employed providers must complete a mandatory provider orientation that will include information on IHSS requirements, rules and regulations as well as the consequences of committing fraud in the program and reporting fraud and abuse.

-- NOTE –

Current providers (those already employed under the IHSS program) are NOT required to attend orientation meetings in person. As a current provider you have the right to receive the orientation materials by mail.

After reviewing all the materials providers must still go to their county office to sign and return the acknowledgment form and present their original ID documents in person.

The California Department of Social Services (CDSS) video that is used in the orientation process required for all providers is now available online, courtesy of the IHSS Coalition Website:  IHSS Orientation Video
6.

UNNANOUNCED HOME VISITS

  • Social services will be required to make unannounced home visits “as appropriate, in targeted cases” to verify that IHSS services are being provided.
  • No dates for implementation have been announced, and no regulations or policies governing the visits have been formalized at this time.
It has come to our attention that some counties are conducting inappropriate and unregulated home visits, apparently stemming from this new requirement.

IHSS RECIPIENTS AND PROVIDERS MUST PROTECT THEMSELVES AND THEIR RIGHTS

A toll free number is available to report any questionable visits:1-800-822-6222
Also you can contact UDW Homecare Providers Union at: 1-800-621-5016
7.

CHANGES TO CLIENT REQUIREMENT, TIMESHEETS AND PROVIDER NOTFICATIONS

2009-10 Budget called for changes to the timesheets that would require both provider and consumer fingerprints   Recent votes in the Assembly have indicated this mandate may be overruled, however the issue is still unresolved.

.
8.

Under Litigation; UPDATE TO THE PROPOSED WAGE CUTS

  • All IHSS providers earning over $9.50 per hour were to have had their wages rolled back to $9.50 on July 1, 2009, as per the 2009 changes in state legislation that were voted in.
  • At this time it is unknown how litigation and budget mandates will impact provider wages. Check back for updates.

Currently under litigation

Dominguez et al v. chwarzenegger et al

A lawsuit filed on behalf of California IHSS providers has temporarily stopped the implementation of these cuts. Although the injunction is temporary, on March 3 it was upheld by a second judge. Although the governor’s May revise did not include the reductions to minimum wage, the state has petitioned the supreme court to hear their case and overrule the earlier injunctions  The lawsuit is still in the court system and the final outcome is unknown.

9. Under Litigation; REDUCED FUNDING TO PUBLIC AUTHORITIES
Has been enacted.Governor Schwarzenegger struck $13 million – 57 percent – in General Fund support for operation of the IHSS Public Authorities. This cut also affects consumers and providers as it may result in delays in screening potential providers for consumers seeking referrals, poorer provider referral for consumers elimination of critical although non-mandated services and training’s, and a loss of oversight as Public Authorities slash hours and staffing.

Although these cuts have already been enacted, they are presently under litigation.

See Putz et al v. Schwarzenegger et al

See Complete Lawsuit Update Chart


UDW ENDORSES JERRY BROWN FOR GOVERNOR