Thursday, September 30, 2010

Bill sigms into law

There is a lot of new bills sign into law for the disabled. This is a email
about new laws

CDCAN DISABILITY RIGHTS REPORT

#168-2010 – SEPTEMBER 30, 2010 – THURSDAY

CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK: Advocacy Without Borders: One Community – Accountability With Action - California Disability Community Action Network Disability Rights News goes out to over 55,000 people with disabilities, mental health needs, seniors, traumatic brain & other injuries, veterans with disabilities and mental health needs, their families, workers, community organizations, including those in Asian/Pacific Islander, Latino, African American communities, policy makers and others across California.

To reply to this report write: MARTY OMOTO at martyomoto@rcip.com WEBSITE: www.cdcan.us TWITTER: www.twitter.com - “MartyOmoto”


REMEMBERING A LIFE: Stephanie Flowerdew



Update on Governor’s Actions:

Governor Signs AB 12 Foster Care Bill That Extends Services To Foster Youth 18 to 21 Years – Many Have Disabilities & Mental Health Needs

Update on Other Bills Signed Yesterday Including Housing Bill Impacting People With Developmental Disabilities – Deadline Today For Governor To Act on Remaining Bills On His Desk – Scorecard To Date Since 9/1: Signed 348, Vetoed 181



SACRAMENTO, CALIF (CDCAN) [Updated 09/30/2010 04:00 PM (Pacific Time)] - Governor Arnold Schwarzenegger today signed AB 12 by Assemblymember Jim Beall (Democrat – San Jose) and former Assembly Speaker Karen Bass (Democrat – Los Angeles) that will extend California’s transitional foster care services and supports to eligible youth between the ages of 18 and 21 years. The Governor also signed six other bills dealing with foster care. The bill, which passed the Assembly August 31 by a vote of 73 to 2 and the State Senate by a vote of 27 to 9, takes effect on January 1, 2011.



In addition to continuing foster care services to foster youth 18 to 21 years old, AB 12 also allows California to take advantage of federal funding through participation in kinship guardianship assistance payments.



California was one of the first states to establish the Kinship Guardianship Assistance Payment program to provide financial assistance for children that are placed under legal guardianship with a relative. AB 12 will make that federal funding available to support these payments for foster youth in AB 12.



Governor Took Action on 529 Since September 1st - Signing 348 and Vetoing 181 – Many Bills Remain on His Desk

· Between September 1 and September 30th (as of 3:30 PM) the Governor has taken action on a total of 529 bills sent to him by the Legislature, signing 348 bills (including the 7 foster care related bills today) and vetoing 181.

· The State Constitution sets a deadline of September 30th (the end of the day) for the Governor to take action on bills sent to him by the Legislature after it adjourns on August 31st.

· About 200 or so bills remain on the Governor’s desk to be signed or vetoed.

· Unless a bill is an “urgency” or emergency bills (which take effect immediately after the bill is signed by the Governor and chaptered with the Secretary of State), all bills take effect on January 1, 2011.

· CDCAN will issue a report covering the remaining bills on the Governor’s desk as information becomes available tonight.



Governor Says AB 12 Will Ensure Foster Youth Will Have Access To Important Resources As They Transition Into Adulthood

In signing AB 12, Governor Schwarzenegger said that “Our foster care youth deserve every opportunity to succeed in life, and extending foster benefits and services through age 21 will help better equip them with the necessary tools. AB 12 will ensure our foster youth have access to important resources as they transition into adulthood. I applaud Assemblymembers Bass and Beall for working across the aisle and getting this important legislation passed.”



The foster care program and also California’s adoption assistance program – overseen statewide by the Department of Social Services and implemented locally by the counties, include thousands of children with disabilities (including developmental) and mental health needs. Thousands are in special education. A significant number receive also community-based services coordinated through the 21 non-profit regional centers contracted by the Department of Developmental Services.



The Governor, in a statement released following the signing of the package of foster care bills, said that studies have shown that former foster youth are less likely to complete high school, attend college, or be employed, and are at a higher risk for becoming homeless, arrested or incarcerated - problems that the Governor believes the Beall legislation will help to solve by providing foster youth between the age of 18 and 21 a better support system to stay in school and obtain employment.



In addition to signing AB 12, the Governor also signed the following six bills that he said would “protect and enhance the benefits and services available to California’s foster youth”:

· AB 743 by Assemblymember Anthony Portantino (Democrat - La Cañada Flintridge) that will help keep siblings together in the foster care system. The bill defines a required timeframe of ten days that the child welfare system must notify the child’s attorney before a planned separation of siblings.

· AB 1933 by Assemblymember Julia Brownley (Democrat - Santa Monica) that will allow foster children to continue attending their school of origin and, if applicable, secondary schools in the same attendance area, when placed with a family in a different neighborhood.

· SB 1353 by Senator Roderick Wright (Democrat - Inglewood) that will require consideration of the proximity to the school in which a child is enrolled at the time of placement in foster care is one indicator of the best interests of the child with respect to educational stability.

· SB 654 by Senator Mark Leno (Democrat - San Francisco) that will expand eligibility for Independent Living Program (ILP) services to youth who are former dependents of the juvenile court placed with non-related legal guardians and are receiving permanent placement services, regardless of the age at which dependency was dismissed, but only if the youth’s guardianship was ordered after his or her eighth birthday. This will allow some former foster youth who left foster care prior to aging out to later seek ILP services, until age 20.

· AB 1905 by Assemblymember Paul Cook (Republican - Yucca Valley) that will ensure continued approval and payments for foster youth relative or extended family member caregivers, pending the annual reassessment visit.

· AB 1758 by Assemblymember Tom Ammiano (Democrat - San Francisco) that will add non-relative extended family members to the list of family members and guardians eligible for foster care wraparound services, and allows certain dependent or ward categorically eligible foster youth to remain eligible for Medi-Cal.



OTHER BILLS SIGNED INTO LAW 9/29

The Governor also signed 126 bills and vetoed 87 yesterday (September 29th, Wednesday). The bulk of those actions were reported Wednesday evening in CDCAN Report #167-2010.

The following actions (bills of interest or having some direct or indirect impact on people with disabilities, mental health needs, seniors, low income families and workers) were not included in that report because the Governor’s office released the information early Thursday morning today and are listed below.



Bills of particular interest, controversy or having some direct impact are highlighted in the color RED preceded by *** (for people who have vision impairments)



SB 270 – HEALTH CARE PROVIDERS: MEDICAL INFORMATION

AUTHOR: Sen. Elaine Alquist (Democrat - Santa Clara)

CDCAN SUMMARY: Clarifies existing state law related to medical information, including delays in reporting unauthorized access to, and use or disclosure of, a patient's medical information to the Department of Public Health. Extends the sunset of the California Office of HIPAA [Health Insurance Portability and Accountability Act] Implementation.

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



SB 442 – CLINIC CORPORATION: LICENSING

AUTHOR: Sen. Denise Ducheny (Democrat - San Diego)

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



***SB 543 – MENTAL HEALTH SERVICES: CONSENT FOR MINORS

AUTHOR: Sen. Mark Leno (Democrat - San Francisco)

CDCAN SUMMARY: Authorizes a minor who is 12 years of age or older to consent to mental health treatment or counseling on an outpatient basis or to residential shelter services, if certain conditions are met.

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



SB 700 – HEALING ARTS: PEER REVIEW

AUTHOR: Sen. Negrete McLeod (Democrat - Chino)

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



SB 769 – PANDEMIC INFLUENZA – FEDERAL FUNDING: SUPPLEMENTAL APPROPRIATIONS

AUTHOR: Senator Elaine Alquist (Democrat - Santa Clara)

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



***SB 812 – DEVELOPMENTAL DISABILITIES: HOUSING

AUTHOR: Senator Roy Ashburn (Republican - Bakersfield)

CDCAN SUMMARY: Requires cites and counties in their general plans that include a housing element (or section of the plan) to include an analysis of the housing needs of the persons with developmental disabilities in the analysis of special housing needs. Bill is linked to AB 2762 authored by the Assembly Housing and Community Development Committee .

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



SB 950 – VETERANS’ HOMES: ACCOUNTING FOR CHARGES – WRITTEN NOTIFICATION

AUTHOR: Senator Patricia Wiggins (Democrat – Santa Rosa)

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



SB 1057 – STATE HOLIDAYS: VETERANS DAY STATE OFFICE CLOSURE

AUTHOR: Sen. Jeff Denham (Republican – Merced)

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



***SB 1069 – PHYSICIANS ASSISTANTS

AUTHOR: Sen. Fran Pavley (Democrat - Santa Monica)

CDCAN SUMMARY: Authorizes a physician assistant, under a delegation of services agreement, to order durable medical equipment, certify unemployment insurance disability, and for individuals receiving home health services or personal care services, after consultation with the supervising doctor, approve, sign, modify, or add to a plan of treatment or plan of care. Authorizes physician assistants to conduct specified medical examinations and sign corresponding medical certificates for various individuals.

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



SB 1090 – BINGO: REMOTE CALLER BINGO

AUTHOR: Senator Gilbert Cedillo (Democrat – Los Angeles)

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



SB 1127 – DEPARTMENT OF VETERANS AFFAIRS: INTERNET RESOURCES

AUTHOR: Sen. Jenny Oropeza (Democrat – Long Beach)

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



SB 1172 – HEALING ARTS REGULATORY BOARDS: LICENSEES & DIVERSION PROGRAMS

AUTHOR: Sen. Gloria Negrete McLeod (Democrat - Chino)

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



***SB 1214 – COMMUNITY CARE LICENSING: CRISIS NURSERIES

AUTHOR: Sen. Lois Wolk (Democrat - Davis)

CDCAN SUMMARY: Clarifies that the definition of "voluntary placement," for the purposes of crisis nursery licensing, does not apply to children placed in foster care. Sunsets provisions allowing for child welfare services direct placement of foster children in crisis nurseries as of July 1, 2012.

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



SB 1237 – RADIATION CONTROL: HEALTH FACILITIES & CLINICS RECORDS

AUTHOR: Sen. Alex Padilla (Democrat - Pacoima)

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



SB 1246 – NATUROPATHIC MEDICINE

AUTHOR: Sen. Gloria Negrete McLeod (Democrat - Chino)

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



***SB 1252 – HOUSING: DISCRIMINATION

AUTHOR: Sen. Ellen Corbett (Democrat - San Leandro)

CDCAN SUMMARY: Makes miscellaneous technical and conforming changes to existing housing discrimination state law including clarifying that admission preferences based on age, imposed in connection with a federally-approved housing program, do not constitute age discrimination in housing, makes technical revisions to cross reference "source of income" where it already is among the list of classes protected for the purpose of clarity and consistency and increases the maximum civil penalties that may be assessed for a violation of the of the California Fair Employment and Housing Act (FEHA).

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



SB 1332 – RADIOLOGIC TECHNOLOGY

AUTHOR: Sen. Bob Dutton (Republican - Rancho Cucamonga)

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



SB 1368 – OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT

AUTHOR: Senate Health Committee

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



AB 52 – UMBILICAL CORD BLOOD COLLECTION PROGRAM

AUTHOR: Assemblymember Anthony Portantino (Democrat - La Cañada Flintridge)

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



***AB 2028 – MEDICAL INFORMATION CONFIDENTIALITY: DISCLOSURE

AUTHOR: Assemblymember Ed Hernandez (Democrat - West Covina)

CDCAN SUMMARY: Amends the existing state law (Confidentiality of Medical Information Act or CMIA) to specifically authorize mandated reporters of child abuse and neglect and elder and dependent adult abuse to subsequently disclose requested information to the agency investigating the report of abuse or neglect. Exempts information disclosed by a psychotherapist who is making a report from existing law's requirement that the entity requesting the information meet certain request and notification requirements.

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



AB 2048 – SCHOOL FACILITIES: OFFICE OF STATEWIDE HEALTH PLANNING & DEVELOPMENT BUILDING PERMITS

AUTHOR: Assemblymember Tom Torlakson (Democrat - Contra Costa)

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



AB 2087 – VETERANS’ FARM & HOME PURHASES: DEFINITION OF HOME

AUTHOR: Assemblymember Norma J. Torres (Democrat - Ontario)

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



AB 2145 – OPIOD ANTAGONIST (NALOXONE) TREATMENT OF DRUG OVERDOES: LIMITED LIABILITY

AUTHOR: Assemblymember Tom Ammiano (Democrat - San Francisco)

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



AB 2167 – CLINICAL SOCIAL WORKERS: EXAMINATION REQUIREMENTS

AUTHOR: Assemblymember Pedro Nava (Democrat - Santa Barbara)

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



AB 2191 – HEALING ARTS: BEHAVIORAL SCIENCES LICENSURE

AUTHOR: Assemblymember Bill Emmerson (Republican - Hemet)

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



AB 2300 – GENETIC COUNSELORS: TEMPORARY STATE LICENSE

AUTHOR: Assemblymember Bill Emmerson (Republican - Hemet)

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



AB 2322 – CHILDREN, ELDER OR DEPENDENT PERSONS ABUSE: CONFIDENTIALITY

AUTHOR: Assemblymember Mike Feuer (Democrat - Los Angeles)

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



***AB 2435 – ELDER AND DEPENDENT ADULT ABUSE

AUTHOR: Assemblymember Bonnie Lowenthal (Democrat - Long Beach)

CDCAN SUMMARY: Requires marriage and family therapists, licensed clinical social workers (LCSWs), psychologists, and licensed professional counselors to have training on the recognition and reporting of suspected elder and dependent adult abuse as requirements for licensure.

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



***AB 2645 – MENTAL HEALTH: SKILLED NURSING FACILITIES REMIBURSEMENT RATE FREEZE

AUTHOR: Assemblymember Wesley Chesbro (Democrat - Arcata)

CDCAN SUMMARY: Freezes the rate of reimbursement for institutions of mental diseases (IMDs) licensed as skilled nursing facilities, from July 1, 2010, to June 30, 2012, at the rates in effect on July 1, 2009.

LATEST ACTION 09/29/2010: SIGNED into law by Governor.



OTHER BILLS VETOED 9/29

Here are the bills (not included in the 9/29 CDCAN Report #167-2010) of interest or having some direct or indirect impact on people with disabilities, mental health needs, seniors, low income families and workers that the Governor VETOED September 29, 2010.

Bills vetoed by the Governor could technically be taken up by the Legislature before the official ending date of the 2009-2010 legislative session (November 30, 2010). To override the Governor’s veto requires 2/3rds vote in both the Assembly (54 votes) and the State Senate (27 votes). That almost has never happened in the past 40 years – and bills vetoed by the Governor are considered “dead” – with no further action likely unless it is re-introduced next January.



SB 1230 – EMPLOYMENT: POSTING REQUIREMENTS

AUTHOR: Sen. Mark DeSaulnier (Democrat - Concord)

LATEST ACTION 09/29/2010: VETOED by Governor.

GOVERNOR’S VETO MESSAGE:

To the Members of the California State Senate:

I am returning Senate Bill 1230 without my signature.

This bill requires employers to post information related to slavery and human trafficking, including information related to nonprofit organizations that provide services in support of the elimination of slavery and human trafficking. I support efforts to eliminate human trafficking. However, this measure will burden legitimate businesses while having little to no impact on human slavery. After all, businesses likely to comply with his law are not likely to have employees that would benefit from such postings.

For these reasons, I am unable to sign this bill.

Sincerely, Arnold Schwarzenegger



SB 1269 – FOOD DONATION LIABILITY

AUTHOR: Sen. Jenny Oropeza (Democrat - Long Beach)

LATEST ACTION 09/29/2010: VETOED by Governor



AB 1997 – COMMUNITY COLLEGES: STUDENT FINANCIAL AID PILOT PROGRAM

AUTHOR: Assemblymember Anthony Portantino (Democrat - La Cañada Flintridge)

LATEST ACTION 09/29/2010: VETOED by Governor.





VERY URGENT!!!!!

PLEASE HELP CDCAN CONTINUE ITS WORK!!!

Your help is needed. CDCAN Townhall Telemeetings, reports and alerts and other activities cannot continue without your help. To continue the CDCAN website, the CDCAN News Reports. sent out and read by over 55,000 people and organizations, policy makers and media across California and to continue the CDCAN Townhall Telemeetings which since December 2003 have connected thousands of people with disabilities, seniors, mental health needs, people with MS and other disorders, people with traumatic brain and other injuries to public policy makers, legislators, and issues.

Please send your contribution/donation (make payable to "CDCAN" or "California Disability Community Action Network):





CDCAN

1225 8th Street Suite 480 - Sacramento, CA 95814

paypal on the CDCAN site is not yet working – will be soon.



MANY, MANY THANKS TO BOB BENSON, the Pacific Homecare Services, Easter Seals, California Association of Adult Day Health Centers, Valley Mountain Regional Center, Toward Maximum Independence, Inc (TMI), Friends of Children with Special Needs, UCP of Los Angeles, Ventura and Santa Barbara Counties, Southside Arts Center, San Francisco Bay Area Autism Society of America, Hope Services in San Jose, FEAT of Sacramento (Families for Early Autism Treatment), RESCoalition, Sacramento Gray Panthers, Easter Seals of Southern California, Tri-Counties Regional Center, Westside Regional Center, Regional Center of the East Bay, UCP of Orange County, Alta California Regional Center, Life Steps, Parents Helping Parents, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Manteca CAPS, Training Toward Self Reliance, UCP, California NAELA, Californians for Disability Rights, Inc (CDR) including CDR chapters, CHANCE Inc, , Strategies To Empower People (STEP), Harbor Regional Center, 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, adoption assistance program families and children, and others across California.

Wednesday, September 29, 2010

A sterp backward

Last night I report a deal was in aree on, but now its don't seem to have
an deal. This is the follow email I got this moring.


CDCAN DISABILITY RIGHTS REPORT

#166-2010 – SEPTEMBER 28, 2010 - TUESDAY

CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK: Advocacy Without Borders: One Community – Accountability With Action - California Disability Community Action Network Disability Rights News goes out to over 55,000 people with disabilities, mental health needs, seniors, traumatic brain & other injuries, veterans with disabilities and mental health needs, their families, workers, community organizations, including those in Asian/Pacific Islander, Latino, African American communities, policy makers and others across California.

To reply to this report write: MARTY OMOTO at martyomoto@rcip.com WEBSITE: www.cdcan.us TWITTER: www.twitter.com - “MartyOmoto”



California Budget Crisis:

Governor and Legislative Leaders Cancel Scheduled Meeting – Staff Will Continue To Work On Details Toward Final Budget Agreement

State Now 90 Days Without A State Budget – Governor & Legislative Leaders Say “Framework” of Budget Agreement Remains In Place



SACRAMENTO, CALIF (CDCAN) [Updated 09/28/2010 10:20 PM (Pacific Time)] - California will continue 91 days on Wednesday, with the cancellation of a scheduled Tuesday afternoon meeting of Governor Arnold Schwarzenegger and the four Democratic and Republican legislative leaders – sometimes referred to as the “Big Five”.



Representatives from the Governor and the Democratic and Republican legislative leaders reported that their staffs are continuing discussions and working on details for a final budget agreement to close the over $19 billion budget deficit. The Governor and legislative leaders, who last met on Monday (September 27th) will meet again once their staffs have worked out certain details. No new meeting date of the “Big Five” has been announced.



“Framework” of Budget Deal Reached Last Week on Thursday

Last Thursday, the Governor and legislative leaders reported that they reached agreement on a “framework” for a budget deal that is said to include no new taxes and a suspension of corporate tax breaks that are scheduled to go into effect in 2011 which were passed as part of the 2008-2009 State budget in September 2008. The Governor and legislative leaders said last week that details of a final budget deal needed to be worked out.



One major issue dividing the Governor and Republicans from the Democrats is how to resolve the proposal for public pension reforms. Legislative Democrats want the Governor to complete negotiations with remaining state employee unions who are working without new contracts, while the Governor and legislative Republicans say that reforms in public pensions need to be done as part of the budget agreement.



Some Questions On the Status of the State Budget:



Is There Still Agreement On A Framework For A Budget Agreement?

· According to representatives of the Governor and legislative leaders, yes.

· The Governor’s office said that the framework remains in place, but it must include pension reforms, and also certain tax and budget reforms.

· Alicia Trost, spokeperson for Senate President Pro Tem Darrell Steinberg (Democrat - Sacramento, 6th State Senate District) said in a statement that "We're still moving toward the goal line.”



Will the Budget Conference Committee Meet Again To Review the Budget Agreement?

Not certain. It is possible that some of the new proposals included in any budget agreement might be the subject of a hearing by the Budget Conference Committee, but nothing has been scheduled, announced or publicly decided on that yet.



When Will A Budget Be Enacted?

When the Governor and four legislative leaders agree to a final deal AND when both the Assembly and State Senate actually vote – and approve, with 2/3rds vote, whatever budget agreement their leaders agreed to. Even if the “Big Five” agree to a final budget deal – the Legislature would still need to return to the State Capitol to vote on it.



When Will the Legislature Return To Sacramento To Vote On A Budget?

· Not certain until final details are worked out on a final deal are completely worked out and agreed to by the Governor and four legislative leaders.

· The Governor, last week, thought a final deal could be agreed to and with a vote by the Legislature as early as sometime this week. That doesn’t appear likely now. The earliest the Legislature is likely to return to vote on any budget agreement – if one emerges this week – is sometime next week.



If the Legislature Approves A Budget and the Governor Signs It When Does It Become Effective? When Do Any Of the Cuts Become Effective?

· The effective date of the 2010-2011 State Budget, which under the State Constitution would normally be July 1st through June 30th, would be immediately after the Governor signs the bill into law (and also any budget related bills that contain necessary changes in State law in order to implement the budget itself – called “trailer bills” because they follow or trail the main budget bill).

· What is not certain is the effective dates of any cuts or policy changes included in any final budget agreement. In some cases it could be retroactive all the way back to July 1st – in other cases it could be retroactive to the beginning of the month, or effective on the date the budget is enacted or some other date.

· The issue is critical to those programs and providers who will be impacted by any cuts that will be in the budget – people who are also impacted now by the budget delay and by reductions made in the previous budget.



Will There Be Any Large New Cuts or New Taxes?

· Though no details have yet been officially released, it is clear that the framework toward a budget agreement by the Governor and legislative leaders will contain no new tax increases.

· It is also clear that the size of spending cuts will be at least at the level of what the Budget Conference Committee – controlled by Democrats – approved in August, though the total amount of spending cuts could end up being slightly higher.

· Democratic leaders indicated that did not agree, as part of the framework, for major additional cuts. But some additional cuts previously rejected – such as lowering to the minimum level allowed by the federal government SSI/SSP (Supplemental Security Income/State Supplemental Payment) individual grants for low income people with disabilities, the blind and seniors, could end up being part of the budget agreement – though nothing has yet been reported on any specifics.

· In addition, it is not clear yet if certain other policy changes to programs – such as the Governor’s recommendation to the Legislature to prohibit persons with any felony convictions from working as an In-Home Supportive Services (IHSS) provider – will end up being part of the final budget agreement.



What Happens After A Budget Is Passed and Enacted?

· Any reductions and policy changes in the final budget agreement will have to be implemented by the departments and local government and local agencies on what will likely be on a “fast track” basis, given the long delay. That implementation will be complicated by the fact that a change in who is Governor is fast approaching.

· In less than five weeks California will elect a new governor on November 2nd, and other statewide constitutional officers, all 80 members of the Assembly and half of the 40 member State Senate. New state legislators take office the first week of December, while the new governor and other statewide elected officials take office on January 3rd.

· Though it is hard to believe the longest budget stalemate in California history could soon end – it is also hard to realize that California is just about 12 weeks away from the deadline that the new governor must submit next year’s State budget – a budget that many fiscal analysts believe will likely contain another projected deficit anywhere from $10 billion to $20 billion. State agencies are preparing initial proposals and estimates for that budget for the new governor.





VERY URGENT!!!!!

PLEASE HELP CDCAN CONTINUE ITS WORK!!!

Your help is needed. CDCAN Townhall Telemeetings, reports and alerts and other activities cannot continue without your help. To continue the CDCAN website, the CDCAN News Reports. sent out and read by over 55,000 people and organizations, policy makers and media across California and to continue the CDCAN Townhall Telemeetings which since December 2003 have connected thousands of people with disabilities, seniors, mental health needs, people with MS and other disorders, people with traumatic brain and other injuries to public policy makers, legislators, and issues.

Please send your contribution/donation (make payable to "CDCAN" or "California Disability Community Action Network):





CDCAN

1225 8th Street Suite 480 - Sacramento, CA 95814

paypal on the CDCAN site is not yet working – will be soon.



MANY, MANY THANKS TO BOB BENSON, the Pacific Homecare Services, Easter Seals, California Association of Adult Day Health Centers, Valley Mountain Regional Center, Toward Maximum Independence, Inc (TMI), Friends of Children with Special Needs, UCP of Los Angeles, Ventura and Santa Barbara Counties, Southside Arts Center, San Francisco Bay Area Autism Society of America, Hope Services in San Jose, FEAT of Sacramento (Families for Early Autism Treatment), RESCoalition, Sacramento Gray Panthers, Easter Seals of Southern California, Tri-Counties Regional Center, Westside Regional Center, Regional Center of the East Bay, UCP of Orange County, Alta California Regional Center, Life Steps, Parents Helping Parents, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Manteca CAPS, Training Toward Self Reliance, UCP, California NAELA, Californians for Disability Rights, Inc (CDR) including CDR chapters, CHANCE Inc, , Strategies To Empower People (STEP), Harbor Regional Center, 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, adoption assistance program families and children, and others across California.

Tuesday, September 28, 2010

Budget update Sept 27

There is an frame work for a budget, but no deal asa of yet. Tbew following
is the update this week

CDCAN DISABILITY RIGHTS REPORT

#165-2010 – SEPTEMBER 28, 2010 - TUESDAY

CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK: Advocacy Without Borders: One Community – Accountability With Action - California Disability Community Action Network Disability Rights News goes out to over 55,000 people with disabilities, mental health needs, seniors, traumatic brain & other injuries, veterans with disabilities and mental health needs, their families, workers, community organizations, including those in Asian/Pacific Islander, Latino, African American communities, policy makers and others across California.

To reply to this report write: MARTY OMOTO at martyomoto@rcip.com WEBSITE: www.cdcan.us TWITTER: www.twitter.com - “MartyOmoto”



California Budget Crisis:

CDCAN Townhall Telemeeting Set for October 12 Tuesday with Department of Developmental Services

First Hour Will Feature Director Terri Delgadillo and other Department Senior Officials – Update on Regional Center and Developmental Center s – Question and Answers



SACRAMENTO, CALIF (CDCAN) [Updated 09/28/2010 12:20 PM (Pacific Time)] - A CDCAN Townhall Telemeeting, which can be accessed through toll free lines, is scheduled for October 12, Tuesday afternoon from 1 to 3 PM (Pacific Time) featuring Terri Delgadillo, director of the Department of Developmental Services, and other senior department officials for an update on regional center and developmental center related issues. Other CDCAN Townhall Telemeetings, focusing on Medi-Cal (including the Section 1115 Waiver), In-Home Supportive Services (including policy changes related to unannounced home visits, provider enrollment, etc), housing, transportation, special education, are planned contingent on resources and funding.



Delgadillo, who has participated in several CDCAN Townhall Telemeetings over the past several years, will also answer questions from the general audience, time permitting. The October 12th townhall will be dedicated to the memory of Dale Sorbello, the former chief deputy director of the Department of Developmental Services, who passed away August 29th, at age 60.



CDCAN TOWNHALL TELEMEETING

WHEN: October 12, 2010 – Tuesday afternoon from 1 PM to 3 PM

TOLL FREE NUMBER TO PARTICIPATE: 877-844-6052

Note: There is NO passcode - please wait for an available operator. Due to large number of people expected, you should dial in at least several minutes before 1 PM

TO ASK A QUESTION: you will be given instructions during the townhall on how to do this – anyone can ask a question. If you prefer, you can ask email your question to Marty Omoto at martyomoto@rcip.com or during the townhall, use twitter.



CDCAN Townhalls First Held in Mid-2003

CDCAN Townhall Telemeetings were first held in 2003 as a means to bring policymaking in Sacramento – and also Washington DC to people with disabilities, mental health needs, seniors, their families, community organizations, facilities and workers and others, covering a wide range of issues including access, public and accessible transportation, housing, mental health, In-Home Supportive Services, special education, regional center and developmental centers, Medi-Cal and other programs.



A single townhall telemeeting can draw over 700 persons – as it did earlier this year. Since 2003 thousands of people have participated listening to and asking questions directly to state and also federal officials, including the directors of all the major state agencies, legislative leaders, top federal agency officials and legislators. All the CDCAN Townhall Telemeetings are recorded and posted for people to listen to later on the CDCAN website at www.cdcan.us



Leaders Still Working To Finalize Budget Deal

Meanwhile, Governor Arnold Schwarzenegger and the four legislative leaders - State Senate President Pro Tem Darrell Steinberg (Democrat – Sacramento, 6th State Senate District), Assembly Speaker John Perez (Democrat – Los Angeles, 46th Assembly District), State Senate Republican Leader Dennis Hollingsworth (Republican – Murrieta, 36th State Senate District ) and Assembly Republican Leader Martin Garrick (Republican – Carlsbad. 74th Assembly District) and staff are still working to finalize the details of the budget deal to close the over $19 billion budget deficit that will end the 90 day stalemate. Last week on Thursday, the Governor and legislative leaders came to an agreement on a “framework” for a budget deal – but still needed to finalize details.



Also This Week: September 30th Deadline For Governor To Act On Bills

Also critical this week is the deadline for the Governor to sign or veto bills passed by the Legislature in late August and sent to him after they adjourned on August 31. The Governor has until the end of the day September 30th (Thursday) to sign or veto several hundreds of bills that were sent to him. The Governor acted on 102 bills yesterday (September 28th), vetoing 37 of them – see separate CDCAN Report for report on those actions.



Department of Developmental Services Funds Many Services for People With Developmental Disabilities and Also Early Intervention Program for Infants

· The Department of Developmental Services, or DDS, has a budget projected for 2010-2011 of over $4.8 billion – a little more than half funded by state general funds ($2.7 billion) and the remainder coming from various federal funds, the bulk from the federal Medicaid (called Medi-Cal in California).

· The department contracts with 21 non-profit regional centers who coordinate community-based services and supports to over 240,000 children and adults with developmental disabilities, including thousands of infants with developmental delays enrolled in the state’s early intervention program (called “Early Start”).

· Persons with developmental disabilities eligible for regional center community-based services and supports may also be eligible for (or are already receiving) other services funded by other departments including In-Home Supportive Services (under the Department of Social Services), Medi-Cal health services (under the Department of Health Care Services), certain senior services (under the Department of Aging), special education services funded by school districts, paratransit and other public transit services by counties or other local agencies, and mental health services under the Department of Mental Health. The cost of those other services are not included in the Department of Developmental Services budget.

· The Department of Developmental Services also operates and staffs 4 large physical health facilities, called developmental centers (that many years ago were called “state hospitals”) and one smaller facility. About 1,900 people with developmental disabilities reside in those facilities. These facilities are different from the state hospitals operated and staffed by the Department of Mental Health.

· Out of the $4.8 billion total budget for the department, community-based services funded through the regional centers account for $4.154 billion (as projected in the 2010-2011 state budget that currently has not yet been approved by the Legislature or signed into law by the Governor). Developmental centers account for just over $625 million – more than half of that amount coming from federal funds.



Department Budget Hit With Big Reduction in 2009-2010 State Budget

· Last year, the Governor and Legislature approved policy changes and reductions as part of the 2009-2010 State Budget passed in February 2009 and revised in July 2009 that resulted in a cut in general fund spending to the Department of Developmental Services budget that totaled well over $500 million, including loss of federal matching funds. Thousands of “at risk” infants, and children and adults with developmental disabilities eligible for regional center funded programs and services were impacted, including hundreds of community agencies and organizations, and thousands of workers who coordinate or provide supports and services.

· An additional reduction to regional centers was proposed as part of the 2010-2011 State budget that totals about $20 to 25 million in state general funds or about $50 million if federal matching funds are included. That reduction and the exact amount and any related policy changes connected to it – are not yet final until the 2010-2011 State budget, delayed for 90 days, is finally enacted.

· The closure of Lanterman Developmental Center in Pomona and the transition of the people with developmental disabilities who reside there and the state workers who work there, was proposed by the Governor earlier this year as part of his proposed budget. While the Assembly and State Senate budget subcommittees approved the closure and transition plan, because it is part of the overall 2010-2011 State Budget that has not yet been passed by the Legislature or signed into law by the Governor, that approval of the Lanterman Developmental Center closure and transition plan is not yet final or official.

· Also impacted by the cuts were the state employees at both the DDS headquarters and developmental centers and the one small facility who were subjected to the furloughs since February 2009 that by June 2009 grew to a 15% pay cut. Many providers and thousands of their workers funded through regional centers faced their own version of furloughs imposed by the State, as a result of the enactment of the July 2009 revised State Budget that imposed additional non-paid “holidays” – meaning additional days that the State would not reimburse those providers for services.

· Reductions of similar size, dimension and even greater impact were also imposed on In-Home Supportive Services, Medi-Cal (including adult day health services), SSI/SSP (Supplemental Security Income/State Supplemental Payment) grants, CalWORKS (the state’s welfare to work program that includes thousands of children and adults with disabilities and mental health needs), senior programs under the Department of Aging, mental health services, public transit and special education. Some of those cuts to In-Home Supportive Services and Medi-Cal – have been, at least for now – blocked by federal or state courts.

· The US Supreme Court is expected to decide in the next week or so whether it will take up two major cases dealing with a Medi-Cal provider rate cut and a reduction in California’s contribution for IHSS worker (provider) wages. A lower federal district court blocked those cuts from taking effect. The State then appealed that ruling to the US 9th Circuit Court of Appeals – and lost there – and has since filed an appeal to the US Supreme Court to overturn and reverse the lower court rulings.

· A decision is still pending by the US 9th Circuit Court of Appeals on a lower federal court ruling that blocked in the fall of 2009, the State’s implementation of restricting IHSS eligibility using internal county assessment tools known as “functional index rankings” and “functional index scores” that would have eliminated or substantially reduced services for about 80 to 90% of the 462,000 children and adults with disabilities (including developmental), mental health needs, seniors, who receive IHSS. That cut – which remains blocked by that federal court ruling - was imposed as part of the 2009-2010 State Budget as revised in July 2009.



Second Half of CDCAN Townhall Will Focus on Growing Problems Impacting People With Developmental Disabilities Living On Their Own

The second half of the October 12th CDCAN Townhall Telemeeting will focus on the growing problems impacting people with developmental disabilities (and also other disabilities and mental health needs) living in their own homes, who, advocates say, are often viewed by many policymakers and the general public and media, as not seriously impacted by a loss or reduction of supports and services. Some advocates say those persons are often viewed as “less needy”.



Some advocates have pointed to the pattern in recent years – and most significantly last year as part of the 2009-2010 State Budget – as evidence, with cuts to regional center funded community-based services (including those that impact early intervention, supported living and independent living services, certain social recreation programs, respite, etc), In-Home Supportive Services, Medi-Cal, mental health service, certain senior services, early intervention services, that called for cuts in services to those viewed as “less needy”. Some advocates have pointed out that a service or support that a policymaker or the general public might view as not critical – such as meal preparation, or other assistance in living independently, could in fact be a very critical part of a person’s ability to live safely in their own home.



This second half of the CDCAN Townhall Telemeeting will include a panel, with questions and answers from the audience. If interested in participating as a panel member or if you want to ask a question in advance of the townhall, please send email to Marty Omoto at martyomoto@rcip.com





VERY URGENT!!!!!

PLEASE HELP CDCAN CONTINUE ITS WORK!!!

Your help is needed. CDCAN Townhall Telemeetings, reports and alerts and other activities cannot continue without your help. To continue the CDCAN website, the CDCAN News Reports. sent out and read by over 55,000 people and organizations, policy makers and media across California and to continue the CDCAN Townhall Telemeetings which since December 2003 have connected thousands of people with disabilities, seniors, mental health needs, people with MS and other disorders, people with traumatic brain and other injuries to public policy makers, legislators, and issues.

Please send your contribution/donation (make payable to "CDCAN" or "California Disability Community Action Network):



CDCAN

1225 8th Street Suite 480 - Sacramento, CA 95814

paypal on the CDCAN site is not yet working – will be soon.



MANY, MANY THANKS TO BOB BENSON, the Pacific Homecare Services, Easter Seals, California Association of Adult Day Health Centers, Valley Mountain Regional Center, Toward Maximum Independence, Inc (TMI), Friends of Children with Special Needs, UCP of Los Angeles, Ventura and Santa Barbara Counties, Southside Arts Center, San Francisco Bay Area Autism Society of America, Hope Services in San Jose, FEAT of Sacramento (Families for Early Autism Treatment), RESCoalition, Sacramento Gray Panthers, Easter Seals of Southern California, Tri-Counties Regional Center, Westside Regional Center, Regional Center of the East Bay, UCP of Orange County, Alta California Regional Center, Life Steps, Parents Helping Parents, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Manteca CAPS, Training Toward Self Reliance, UCP, California NAELA, Californians for Disability Rights, Inc (CDR) including CDR chapters, CHANCE Inc, , Strategies To Empower People (STEP), Harbor Regional Center, 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, adoption assistance program families and children, and others across California.

Friday, September 24, 2010

Good news on badgets

This came in last night. I am posting it today.
CDCAN DISABILITY RIGHTS REPORT

#164-2010 – SEPTEMBER 23, 2010 – THURSDAY

CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK: Advocacy Without Borders: One Community – Accountability With Action - California Disability Community Action Network Disability Rights News goes out to over 55,000 people with disabilities, mental health needs, seniors, traumatic brain & other injuries, veterans with disabilities and mental health needs, their families, workers, community organizations, including those in Asian/Pacific Islander, Latino, African American communities, policy makers and others across California.

To reply to this report write: MARTY OMOTO at martyomoto@rcip.com WEBSITE: www.cdcan.us TWITTER: www.twitter.com - “MartyOmoto



THOUGHTS AND PRAYERS FOR RECOVERY OF CINDY WHITE, DISABILITY ADVOCATE SERIOUSLY INJURED SEPT 20TH IN HIT & RUN ACCIDENT



California Budget Crisis – Breaking News:

GOVERNOR SAYS OUTLINE OF A BUDGET DEAL REACHED



SACRAMENTO, CALIF (CDCAN) [Updated 09/23/2010 04:17 PM (Pacific Time)] - Governor Arnold Schwarzenegger and the four legislative leaders have agreed on an outline or framework to resolve the budget crisis and reach a budget agreement, according to a spokesman of the Governor. A possible vote on the budget deal could happen next week – though no details have been provided.



Aaron McLear, spokesman for the Governor reported that "The Governor and Legislative leaders have reached the framework of an agreement, will work through the details over the weekend, and hope to come to a final agreement when they reconvene Monday.”



The Governor and legislative leaders met yesterday and today in the Governor’s private office in Santa Monica, rather than the State Capitol due to an illness by the Governor.





VERY URGENT!!!!!

PLEASE HELP CDCAN CONTINUE ITS WORK!!!

Your help is needed. CDCAN Townhall Telemeetings, reports and alerts and other activities cannot continue without your help. To continue the CDCAN website, the CDCAN News Reports. sent out and read by over 50,000 people and organizations, policy makers and media across California and to continue the CDCAN Townhall Telemeetings which since December 2003 have connected thousands of people with disabilities, seniors, mental health needs, people with MS and other disorders, people with traumatic brain and other injuries to public policy makers, legislators, and issues.

Please send your contribution/donation (make payable to "CDCAN" or "California Disability Community Action Network):



CDCAN

1225 8th Street Suite 480 - Sacramento, CA 95814

paypal on the CDCAN site is not yet working – will be soon.



MANY, MANY THANKS TO BOB BENSON, the Pacific Homecare Services, Easter Seals, California Association of Adult Day Health Centers, Valley Mountain Regional Center, Toward Maximum Independence, Inc (TMI), Friends of Children with Special Needs, UCP of Los Angeles, Ventura and Santa Barbara Counties, Southside Arts Center, San Francisco Bay Area Autism Society of America, Hope Services in San Jose, FEAT of Sacramento (Families for Early Autism Treatment), RESCoalition, Sacramento Gray Panthers, Easter Seals of Southern California, Tri-Counties Regional Center, Westside Regional Center, Regional Center of the East Bay, UCP of Orange County, Alta California Regional Center, Life Steps, Parents Helping Parents, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Manteca CAPS, Training Toward Self Reliance, UCP, California NAELA, Californians for Disability Rights, Inc (CDR) including CDR chapters, CHANCE Inc, , Strategies To Empower People (STEP), Harbor Regional Center, 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, adoption assistance program families and children, and others across California.

Thursday, September 23, 2010

Budget update

Its not looking good from disabled in CA.

CDCAN DISABILITY RIGHTS REPORT

#163-2010 – SEPTEMBER 23, 2010 – THURSDAY

CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK: Advocacy Without Borders: One Community – Accountability With Action - California Disability Community Action Network Disability Rights News goes out to over 55,000 people with disabilities, mental health needs, seniors, traumatic brain & other injuries, veterans with disabilities and mental health needs, their families, workers, community organizations, including those in Asian/Pacific Islander, Latino, African American communities, policy makers and others across California.

To reply to this report write: MARTY OMOTO at martyomoto@rcip.com WEBSITE: www.cdcan.us TWITTER: www.twitter.com - “MartyOmoto



THOUGHTS AND PRAYERS FOR RECOVERY OF CINDY WHITE, DISABILITY ADVOCATE SERIOUSLY INJURED SEPT 20TH IN HIT & RUN ACCIDENT



California Budget Crisis – Day 85 Without A Budget:

BUDGET CRISIS CONTINUES WITH NO AGREEMENT IN SIGHT TO CLOSE OVER $19 BILLION DEFICIT – GOVERNOR & LEGISLATIVE LEADERS WILL MEET AGAIN TODAY

Assembly and State Senate Budget Committees Joint Informational Hearing 9/23 on Proposition 25 That Would Make Budget Approval Majority Vote – Also Update On State’s Ability To Pay Bills



SACRAMENTO, CALIF (CDCAN) [Updated 09/23/2010 5:20 AM (Pacific Time)] -California enters its 85th day without a state budget, with the Governor and Democratic and Republican legislative leaders still far apart on how to close the over $19 billion budget deficit.



Governor Arnold Schwarzenegger, still recovering from a cold, and the four legislative leaders – State Senate President Pro Tem Darrell Steinberg (Democrat – Sacramento, 6th State Senate District), Assembly Speaker John Perez (Democrat – Los Angeles, 46th Assembly District), State Senate Republican Leader Dennis Hollingsworth (Republican – Murrieta, 36th State Senate District ) and Assembly Republican Leader Martin Garrick (Republican – Carlsbad. 74th Assembly District) met for about four hours on Wednesday at the Governor’s private office in Santa Monica. No progress was reported toward a budget agreement.



Budget Committee Will Hold Joint Informational Hearing Today

The Assembly and Senate budget committees meanwhile, has scheduled an informational hearing today (September 23rd) at 1:30 PM at the State Capitol in Room 4203 to hear an update on the State’s “cash position” – or its ability to pay its bills that federal or state law requires, and also a review of Proposition 25 on the November 2nd ballot that would lower the requirement to approve the state budget from 2/3rds vote to a simple majority vote.



The proposition however would not change the 2/3rds requirement needed to approve any tax increases or to override a veto of the budget and related bills by the Governor. (see below for details on this and other informational hearings)



Governor, Legislative Leaders Will Meet Again Today In LA

· Another meeting with the Governor and four legislative leaders is scheduled for today (September 23) in Los Angeles – likely again at the Governor’s Santa Monica office.

· No meetings were held on Monday and Tuesday this week because the Governor was not able to travel to Sacramento from his Brentwood home in Los Angeles due to his illness. The Governor returned last week on Wednesday from a six day trip to Asia to promote California jobs and the economy.

· The Governor, Democrats and Republicans in the Legislature differ significantly on the extent of permanent spending cuts to close the deficit. Legislative Democrats are opposed to deeper spending cuts favor some increases in revenues including delaying implementation of certain tax credits for businesses and raising some taxes – proposals that legislative Republicans and the Governor adamantly oppose.

· The Governor is demanding as part of a budget deal reforms to the state’s pension (retirement) system.

· Both the Governor and Republican Legislative leaders want at least the level of cuts that the Governor proposed in January and May to solve the ongoing deficit problems.



Impact of Budget Crisis and Budget Delay Growing

· The impact of the crisis meanwhile is growing each week as more and more community-based organizations and other providers who provide supports and services to hundreds of thousands of children and adults with disabilities, low income families, people with mental health needs, seniors are struggling to find ways to meet payroll and pay other critical expenses with the delay in reimbursement payments from the State until a budget is enacted.

· Some providers – including many adult day health centers – received their last payments from the State in August – and are desperately trying to find ways to continue to provide services to over 37,000 seniors and other adults with disabilities and to meet its payroll of hundreds of workers across the state. Some have put up personal assets, including their own homes, as collateral in order to get short term bank loans to meet payroll.

· State Controller John Chiang, the statewide elected official who is responsible for paying the state’s bills, said earlier this month that the State had enough cash to pay bills required by federal or state law and avoid, at least until early October, the need to issue IOUs. Chiang reported earlier this month that there was enough cash on hand to pay bond payments, state employees, In-Home Supportive Services workers, SSI/SSP (Supplemental Security Income/State Supplemental Payment) grants, at least through early October. An update of what the State Controller can pay in the coming weeks will be made at today’s (September 23rd) Assembly and Senate joint budget committee hearing.

· The 21 non-profit regional centers contracted by the Department of Developmental Services to coordinate services and supports to over 240,000 children and adults with developmental disabilities – including thousands of infants in the early intervention program (called “Early Start” in California) are taking steps to conserve cash, take out short term loans (lines of credit from banks) in order to continue to pay community-based providers and individuals for as long as possible.

· The regional centers reimburse thousands of individual non-profit and for-profit community-based agencies and individuals for the actual providing of services and supports in “arrears” – meaning after the service was provided.

· Regional centers have funding to pay providers this month (for services provided in August), and next month (for services provided in September). Most – but not all - of the regional centers may have enough funding (through bank loans and other means) to pay in early November for services in October, though it is not clear at this point whether that is for all services in October or a portion. The ability of regional centers to make payments was helped by the infusion of federal Medicaid matching dollars obtained by the Department of Developmental Services.

· The problem for providers and other vendors across the State is not just the problem of obtaining a short term loan to meet payroll and other critical expenses – but not knowing when a budget will be passed and enact, and beyond that - what cuts will actually end up in whatever budget is enacted – and whether those cuts will be retroactive.

· Advocates are concerned about reimbursement of the interest for short term loans providers are being forced to take out – which is adding additional costs to them on top of reductions passed last year and reductions that will likely be in the 2010-2011 whenever one is enacted. Except in certain cases – IOUs for state employees for instance, the State has not allowed for reimbursement to providers for the cost of interest on loans they were forced to take out due to a budget delay.



Informational Hearings On Budget Related Propositions on November Ballot

Meanwhile while there have been no floor sessions by the State Senate or Assembly since August 31st, certain committees of both houses will be holding informational hearings this week and next on the various propositions on the November 2nd ballot.



The Legislature does not have the power to change or take any other action on any of the November 2nd ballot measures. [CDCAN will issue a full report on all propositions later today]



SEPTEMBER 23, 2010 – THURSDAY

JOINT HEARING – ASSEMBLY BUDGET COMMITTEE & SENATE BUDGET & FISCAL REVIEW COMMITTEE

1:30 PM – State Capitol – Room 4202 (Jesse Unruh Hearing Room)\

Informational Hearing:

· Update on California’s Cash Position (the cash on hand or available for the State to continue to pay its bills required by federal law, the State Constitution or state law.

· Review of Proposition 25 (Constitutional amendment initiative that would change the current Legislative vote requirement to pass a Budget from 2/3rds to a simple majority vote in both houses – but keeps 2/3rds vote requirement to override Governor’s veto of the budget and also 2/3rds vote needed to approve any tax increases.

CDCAN COMMENT: Proposition 25 is on the November 2nd ballot, and would, if approved by voters, take effect the day after the election. If that happens, Democratic legislative leaders could pass the stalled 2010-2011 State Budget with simple majority votes in both houses as early as November 3rd. However they would still need the Governor to approve it (overriding his veto would still require 2/3rds vote – meaning Republican votes would be needed in both houses), and 2/3rds vote would still be needed to raise any taxes.



SEPTEMBER 28, 2010 - TUESDAY

JOINT HEARING OF ASSEMBLY ELECTIONS AND REDISTRICTING COMMITTEE AND SENATE COMMITTEE ON ELECTIONS,

REAPPORTIONMENT AND CONSTITUTIONAL AMENDMENTS

10:00 AM to 1:00 PM

State Capitol – Room 3191

Informational Hearing:

· Proposition 20 - Redistricting of Congressional Districts. Initiative Constitutional Amendment

· Proposition 27 - Eliminates the Citizen’s Redistricting Commission created by Proposition 11 in 2008 and returns that responsibility back to the Legislature. Consolidates Authority for Redistricting With Elected Representatives. Initiative Constitutional Amendment and Statute.

CDCAN COMMENT:

If approved by voters, Proposition 20 the responsibility to determine the boundaries of California’s congressional (US House of Representatives) districts would be moved to the Citizens Redistricting Commission, a commission established by Proposition 11 in 2008. (Proposition 27 on this ballot also concerns redistricting issues. If both Proposition 20 and Proposition 27 are approved by voters, the proposition receiving the greater number of “yes” votes would be the only one to go into effect.)



SEPTEMBER 29, 2010 - WEDNESDAY

JOINT HEARING ASSEMBLY REVENUE AND TAXATION COMMITTEE AND SENATE REVENUE AND TAXATION COMMITTEE

Informational Hearing:

· Proposition 24: Repeals legislation that would allow businesses to carry back losses, share tax credits, and use a sales based income calculation to lower taxable income;

· Proposition 26: Increases legislative vote requirement to two–thirds for state levies and charges. Imposes additional requirement for voters to approve local levies and charges with limited exception.

CDCAN COMMENT: Both this propositions, if approved, would have impact on the State budget for 2010-2011 (the propositions, if approved, would take effect the day after the November 2nd election).





VERY URGENT!!!!!

PLEASE HELP CDCAN CONTINUE ITS WORK!!!

Your help is needed. CDCAN Townhall Telemeetings, reports and alerts and other activities cannot continue without your help. To continue the CDCAN website, the CDCAN News Reports. sent out and read by over 50,000 people and organizations, policy makers and media across California and to continue the CDCAN Townhall Telemeetings which since December 2003 have connected thousands of people with disabilities, seniors, mental health needs, people with MS and other disorders, people with traumatic brain and other injuries to public policy makers, legislators, and issues.

Please send your contribution/donation (make payable to "CDCAN" or "California Disability Community Action Network):



CDCAN

1225 8th Street Suite 480 - Sacramento, CA 95814

paypal on the CDCAN site is not yet working – will be soon.



MANY, MANY THANKS TO BOB BENSON, the Pacific Homecare Services, Easter Seals, California Association of Adult Day Health Centers, Valley Mountain Regional Center, Toward Maximum Independence, Inc (TMI), Friends of Children with Special Needs, UCP of Los Angeles, Ventura and Santa Barbara Counties, Southside Arts Center, San Francisco Bay Area Autism Society of America, Hope Services in San Jose, FEAT of Sacramento (Families for Early Autism Treatment), RESCoalition, Sacramento Gray Panthers, Easter Seals of Southern California, Tri-Counties Regional Center, Westside Regional Center, Regional Center of the East Bay, UCP of Orange County, Alta California Regional Center, Life Steps, Parents Helping Parents, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Manteca CAPS, Training Toward Self Reliance, UCP, California NAELA, Californians for Disability Rights, Inc (CDR) including CDR chapters, CHANCE Inc, , Strategies To Empower People (STEP), Harbor Regional Center, 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, adoption assistance program families and children, and others across California.

Wednesday, September 15, 2010

IHSS update

There is an ongong moeny issue with in-home care. The folling update
is from a disabled rights worker.

REPORT

#161-2010 – SEPTEMBER 14, 2010 – TUESDAY

CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK: Advocacy Without Borders: One Community – Accountability With Action - California Disability Community Action Network Disability Rights News goes out to over 55,000 people with disabilities, mental health needs, seniors, traumatic brain & other injuries, veterans with disabilities and mental health needs, their families, workers, community organizations, including those in Asian/Pacific Islander, Latino, African American communities, policy makers and others across California.

To reply to this report write: MARTY OMOTO at martyomoto@rcip.com WEBSITE: www.cdcan.us TWITTER: www.twitter.com - “MartyOmoto



California Budget Crisis:

Draft Guidelines for IHSS Workers and Disqualifying Convictions Released by Department of Social Services

Department Seeks Review and Comment by Stakeholder Individuals and Organizations by September 23rd – New Guidelines Once Finalized Will Be Issued As A Result of Beckwith v. Wagner State Lawsuit



SACRAMENTO, CALIF (CDCAN) [Updated 09/14/2010 8:20 PM (Pacific Time)] - The California Department of Social Services, the state agency that oversees statewide the In-Home Supportive Services (IHSS) program released for review and comment early this evening new draft guidelines for the counties – who administer the IHSS program locally – on what criminal convictions would disqualify a person from being an IHSS worker (provider). [A 4 page pdf copy of the guidelines is attached to this CDCAN Report, titled “ACL 9-13-10 drft CS edits.pdf. The draft copy can be read by electronic readers for persons who are blind who have sight impairments. A complete plain text copy of the draft is also reprinted below in this report. ]



The draft guidelines are contained in an “All County Letter” to county welfare directors, county In-Home Supportive Services program managers and other local agencies are is meant to comply with a ruling by an Alameda Superior Court judge issued on August 23, 2010, in the case Beckwith (formerly Ellis), et. al v. Wagner that blocked the Department of Social Services from implementing a policy that would have disqualified individuals who had been convicted of any felony or serious misdemeanor crimes from being an IHSS worker (provider). [Note: “Beckwith” is the name of a person with disabilities who receives services under the IHSS program and “Wagner” refers to John Wagner, the director of the Department of Social Services.]



As a result of the state court ruling, the Department of Social Services will be sending these guidelines – once it is finalized - to the counties that will provide instructions that they are to continue to “deem ineligible” to be an IHSS worker (provider) any person who has been convicted of, or was incarcerated following a conviction for, those crimes specified in current existing state law in California Welfare and Institutions Code (W&IC) Section 12305.81 (which also applies to the federal Medicaid (called “Medi-Cal” in California) program and programs funded using Medi-Cal money – such as IHSS):

· Fraud against a government health care or supportive services program; or

· A violation of subdivision (a) of [the California] Penal Code (PC) section 273a (specified abuse of a child); or

· A violation of Penal Code section 368 (abuse of an elder or dependent adult – which refers to a person with disabilities)



Comments Due September 23, 2010

The draft guidelines are not final and the Department of Social Services is asking stakeholders – which includes individuals and organizations who are connected or interested in the IHSS program to send their written comments back to the department by September 23, 2010, Thursday, by close of business (5:00 PM Pacific Time).

Send written comments to via email to:

Charissa Miguelino at Charissa.Miguelino@dss.ca.gov

and

Brad Elftmann at Brad.Elftmann@dss.ca.gov



Persons having questions about these draft guidelines can contact Randy Shiroi, Chief of the Adult Programs Policy Bureau, Department of Social Services at (916) 229-4000.



Who This Specifically Impacts

· The draft guidelines (All County Letter) specifically refer to and impact the over 360,000 persons who work as IHSS providers (workers) to provide supports and services to over 460,000 children and adults with disabilities (including developmental), mental health needs, persons with traumatic brain and other injuries, persons with MS, Alzheimer’s and other disorders, and seniors.

· It also impacts potentially some number of the over 460,000 persons receiving IHSS because the guidelines – that are meant to comply with the August 23, 2010 State Superior Court order – could impact their own specific worker or a person applying to be their worker.

· In some cases it means that certain individuals who may have some felony and/or certain misdemeanor convictions on their record, can continue to work or are eligible to work as an IHSS provider (worker) because those convictions do NOT fall under the specific violations in current State law (as listed above) dealing with the Medicaid program (called “Medi-Cal”).

· Persons who have a question about this or related issues should contact their county IHSS Advisory Committee, IHSS county office or the Department of Social Services and/or their own state legislators. Workers who belong to a union who have a question or concern regarding this issue, can also contact their union representatives. People can also send a question to CDCAN (Marty Omoto) at martyomoto@rcip.com



Anti-Fraud Public Stakeholder Meeting To Be Scheduled

On a related note, the Department of Social Services will be announcing soon a date and specific meeting location in Sacramento, for a public stakeholder meeting to review and to hear from the public its proposed guidelines involving several anti-fraud measures, including a controversial unannounced home visits by the county or state of certain persons receiving IHSS. The department earlier in July had looked tentatively at holding the meeting in late August and then, possibly this week in September – though neither date or location was ever finalized or officially announced. [CDCAN will get word out on this public meeting when the Department of Social Services officially announces a date and location – and will also schedule in October, a CDCAN Townhall Telemeeting focusing on IHSS and related issues]



Some counties have already implemented these unannounced home visits, which many disability, mental health and senior rights advocates and other individuals and organizations have strongly protested and urged to be discontinued at least until the State issued guidelines. Many of those advocates have urged the Legislature and Governor to rescind this requirement, which was passed among several other measures to combat certain aspects of reported fraud and abuse in the IHSS program, as part of the 2009-2010 State Budget revised in July 2009.



No State Budget Deal In Sight As California Now 76 Days Without A Budget

Meanwhile, California is now 76 days without a state budget, just a day away from tying the previous record (in 2008) of the state going without a spending plan in place. Democrats and Republicans in the State Legislature and the Governor – who returns Wednesday (September 15th) from his 6 day trip to Asia promote jobs and the California economy – remain deadlocked on how to resolve and close the over $19 billion budget hole. No agreement is in sight.



PLAIN TEXT OF THE DRAFT GUIDELINES

Below is the plain text of the draft guidelines (All County Letter) that will – when finalized – be sent from the California Department of Social Services to all county welfare directors, all county In-Home Supportive Services program managers and other agencies. The actual pdf file sent out by the department is also attached to this CDCAN Report. The Department of Social Services will send out a final version of the below All County Letter sometime after the September 23rd comment deadline.



State of California – Health and Human Services Agency

DEPARTMENT OF SOCIALS SERVICES



September XX, 2010 [Note: XX – the date - will be filled in when final version sent out]



Reason for This Transmittal: Court Order or Settlement Agreement



ALL-COUNTY LETTER (ACL) NO. 10-XX [“10” refers to the year – 2010, and the “XX” will be whatever number is assigned to this All County Letter when it is finalized and actually sent out to the counties. Numbers are assigned to the final All County Letters in the order it is sent out.]



TO: ALL COUNTY WELFARE DIRECTORS

ALL IN-HOME SUPPORTIVE SERVICES (IHSS) PROGRAM MANAGERS



SUBJECT: BECKWITH (ELLIS), et. al. v. WAGNER; IHSS PROVIDER DISQUALIFYING CONVICTIONS



REFERENCES: ACL NO. 09-52, DATED OCTOBER 1, 2009; ACL NO. 09-70,

DATED OCTOBER 31, 2009; ACL NO. 09-78, DATED

NOVEMBER 25, 2009; ACL NO. 10-05, DATED

FEBRUARY 17, 2010; AND ACL NO. 10-35, DATED JULY 16, 2010



*****DRAFT******

This ACL provides counties with the latest information and instructions regarding Beckwith (Ellis) v. Wagner lawsuit Case No. RG 09484051. On August 23, 2010, the Alameda County Superior court issued an order prohibiting the California Department of Social Services (CDSS) from reinstating a previous policy which would disqualify individuals who had ever been convicted of a felony or serious misdemeanor crime from being enrolled as providers in the IHSS program. As a result of the recent court ruling, counties are instructed to continue to deem ineligible to be IHSS providers only those individuals who have been convicted of, or incarcerated following a conviction for, those crimes specified in Welfare and Institutions Code (W&IC) section 12305.81:



1) Fraud against a government health care or supportive services program;

2) A violation of subdivision (a) of Penal Code (PC) section 273a (specified abuse of a child); or

3) A violation of PC section 368 (abuse of an elder or dependent adult).



Counties are further instructed to retain copies of all criminal offender record information (CORI) responses received from the California Department of Justice (DOJ) on IHSS provider applicants pending final resolution of this litigation. These records are required to be stored in a confidential manner with access only to authorized personnel.



BACKGROUND

In October 2009, CDSS issued ACLs No. 09-52 and 09-70, which provided information and instructions to counties for implementing expanded provider enrollment requirements for the IHSS program, mandated by Assembly Bill, Fourth Extraordinary Legislative Session (ABX4) 19 (Chapter 17, Statutes of 2009).



In addition to general information about the expanded provider enrollment requirements, ACL No. 09-52 transmitted a revised Provider Enrollment Form (SOC 426) which included a statement that an individual seeking to become an IHSS provider was required to sign under penalty of perjury declaring that he/she had never been convicted of any disqualifying crimes, which included any felonies and certain serious misdemeanor crimes.



ACL No. 09-70 provided instructions on the criminal background check process and procedures indicating that an individual whose CORI showed that he/she had been convicted of a felony or certain serious misdemeanor crime should be deemed ineligible to be enrolled as an IHSS provider.



Subsequent to the release of those ACLs, a lawsuit, Beckwith (Ellis) v. Wagner, was filed in Alameda County Superior court to contest CDSS’ interpretation of the crimes that would disqualify an individual from being an IHSS provider.



On November 24, 2009, the Alameda County Superior Court issued a Temporary Restraining Order (TRO) directing the CDSS to:



· Stop using IHSS provider enrollment forms or other documents requiring individuals to declare that they never have been convicted of a felony crime or serious misdemeanor and/or state that persons convicted of such crimes are not eligible to be IHSS providers; and

· Stop disqualifying or finding individuals ineligible to be IHSS providers on the basis that they have been convicted of a felony or a serious misdemeanor at some point in their life and who are otherwise not disqualified.



In order to comply with the TRO, CDSS issued ACL No. 09-78, dated November 25, 2009, which instructed counties to use the prior version of the SOC 426 which did not include the declaration or any reference to disqualifying crimes, and to limit the disqualification of individuals to those who, in the last 10 years, had been convicted of, or incarcerated following a conviction for only the crimes specified in W&IC section 12305.81.



On March 26, 2010, the Alameda County Superior Court issued its order in Beckwith (Ellis) v. Wagner (No. RG09-484051). The court limited the crimes that make an individual ineligible to be an IHSS provider to those crimes listed only in W&IC section 12305.81. On May 24, 2010, CDSS filed an appeal of the decision by the Alameda County Superior Court.



In early August of this year, CDSS circulated a draft ACL for stakeholder comments. The draft ACL informed counties that the previous policy which disqualified from being a provider any individual who had ever been convicted of a felony or serious misdemeanor crime would be reinstated. On August 23, 2010, the Alameda County Superior Court issued an Order Granting Petitioner’s Application for Provisional Relief. The court order enjoins CDSS from issuing as final the ACL which had been circulated for stakeholder comments. As a result, counties are limited to the three crimes listed in W&IC section 12305.81 as a basis for excluding an individual from becoming a provider.



CLARIFICATION ON EXPUNGEMENT OF A DISQUALIFYING CRIME

While the court injunction was in place, CDSS issued ACL No. 10-05, dated February 17, 2010, which contained a question addressing expungement of a conviction pursuant to PC section 1203.4, and what effect it would have on an individual’s eligibility to be enrolled as an IHSS provider. The response provided to that question indicated that a conviction that is expunged pursuant to PC section 1203.4, releases a person from all “penalties and disabilities” resulting from the offense, and that as a result, an expunged conviction for a disqualifying crime would not make an individual ineligible to be enrolled as a provider in the IHSS program.



However, at this time, CDSS is reinstating the policy established before the court order in Beckwith (Ellis) v. Wagner. Consistent with existing Medi-Cal rules for provider enrollment, a conviction means that the judgment of conviction has been entered against an individual or entity by a federal, state, or local court, regardless of whether there is a post-trial motion, an appeal pending, or the judgment of conviction or other record relating to the criminal conduct has been expunged or otherwise removed. In short, an expunged conviction for a disqualifying crime would not make an individual eligible to be enrolled as a provider in the IHSS program. This policy is consistent with case law interpreting PC section1203.4 and language in W&IC section 12305.81. This policy will be applied to any appeals pending before CDSS. Upon receipt of this letter, counties shall exclude individuals who have been convicted of a disqualifying crime regardless of any expungement that may have occurred.



CDSS’ appeal of the March 26, 2010 court ruling is still pending. In addition, CDSS is pursuing legislative changes which would expand the criminal convictions which would disqualify an individual from being enrolled as an IHSS provider. CDSS will keep counties apprised of developments in this litigation and its legislative efforts.



Should you have questions regarding information in this ACL, please contact the Adult Programs Policy Bureau at (916) 229-4000.

Sincerely,



EILEEN M. CARROLL

Deputy Director

Adult Programs Division



VERY URGENT!!!!!

PLEASE HELP CDCAN CONTINUE ITS WORK!!!

Your help is needed. CDCAN Townhall Telemeetings, reports and alerts and other activities cannot continue without your help. To continue the CDCAN website, the CDCAN News Reports. sent out and read by over 50,000 people and organizations, policy makers and media across California and to continue the CDCAN Townhall Telemeetings which since December 2003 have connected thousands of people with disabilities, seniors, mental health needs, people with MS and other disorders, people with traumatic brain and other injuries to public policy makers, legislators, and issues.

Please send your contribution/donation (make payable to "CDCAN" or "California Disability Community Action Network):



CDCAN

1225 8th Street Suite 480 - Sacramento, CA 95814

paypal on the CDCAN site is not yet working – will be soon.



MANY, MANY THANKS TO BOB BENSON, the Pacific Homecare Services, Easter Seals, California Association of Adult Day Health Centers, Valley Mountain Regional Center, Toward Maximum Independence, Inc (TMI), Friends of Children with Special Needs, UCP of Los Angeles, Ventura and Santa Barbara Counties, Southside Arts Center, San Francisco Bay Area Autism Society of America, Hope Services in San Jose, FEAT of Sacramento (Families for Early Autism Treatment), RESCoalition, Sacramento Gray Panthers, Easter Seals of Southern California, Tri-Counties Regional Center, Westside Regional Center, Regional Center of the East Bay, UCP of Orange County, Alta California

Wednesday, September 8, 2010

Disabled power shuit off

This news is worry some becouse of pg&e could sout down disabled life lline.
Here the story http://www.cbs8.com/Global/story.asp?S=13115771

Thursday, September 2, 2010

What is disabled news

Disabled news is about the news issues people idea that make the disabled
would happen. This is open to all tpye of disbillies.