IHSS Traning

Register For:IHSS 20% Trigger Training | myaccount.maestroconference.com

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This is an conference call to provide educational training for IHSS consumers, providers and advocates on how to assist with restoration of hours via the Supplemental Care Application/appeals process. The training will be conducted by Disability Rights California (Dan Brzovic & Crystal Padilla).  

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State funding restore

CDCAN DISABILITY RIGHTS REPORT
#101-2011 – MAY 07, 2011 – SATURDAY
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”

State Budget Crisis
FEDERAL JUDGE STOPS CALIFORNIA FROM IMPLEMENTING 2009 MEDI-CAL RATE FREEZE FOR INTERMEDIATE CARE FACILTIES FOR DEVELOPMENTALLY DISABLED & FREESTANDING PEDIATRIC SUBACUTE FACILTIES
Federal Judge Says State Violated Federal Law and Previous Higher Court Decisions That Requires State to Obtain Federal Approval Before Freezing Rates

SACRAMENTO, CALIF (CDCAN) [Last Updated 05/07/2011 01:45 PM] - A federal district court judge in Los Angeles issued a ruling Friday (May 6) that stops and reverses the State’s implementation of a 2009 Medi-Cal rate freeze for intermediate care facilities for the developmentally disabled (ICF/DD), intermediate care facilities for the mentally retarded (ICF/MR) and freestanding pediatric subacute facilities (FSP facilities) finding that the freeze violated federal law because the State did not receive prior approval from the federal government to implement it. A copy of the 17 page final ruling by Federal District Court Judge Christina Synder is attached to this CDCAN Report as a pdf file saved as a document (which persons who are blind or sight impaired should be able to read using a screen reading device) titled: “20110505-FinalOrder-PreliminaryInjunction-DSN et al v DHCS and CAHF v. DHCS – Medi-Cal Rate Freeze.pdf”

While the Department of Health Care Services, now headed by Toby Douglas, under the Brown Administration, has not issued any official response, it is likely the State will appeal the ruling to the US 9th Circuit Court of Appeals. Judge Synder however refused the State’s request (or motion) to delay (“stay”) her order until that appeal is filed and decided by the higher court. That means her order is in effect as of May 5th – the date of her order (even though it was released on May 6th) unless a higher court reverses it.

The ruling impacts thousands of people with developmental disabilities and others who reside in those facilities across the state, and the community organizations their staff and support workers who run them.

Rate Freeze Was Part of 2009-2010 State Budget Revised July 2009
The rate freeze for those three types of Medi-Cal providers – along with other long term care facilities - was imposed as part of the 2009-2010 State Budget as revised in July 2009. That budget provision froze rates for those three types of providers at what it was during the 2008-2009 State budget year and the Judge’s order only impacts those providers, as named in the two lawsuits.

The rate freeze for those three types of long term care facilities was in budget related legislation, ABx4 5 (called budget trailer bill because it follows or trails the main State budget bill – the “x4” stands for the 4th extraordinary or special session of the Legislature that year), passed by State Senate 29 to 11 on July 23, 2009, and then by the Assembly by a vote of 57 to 20 and signed by then Governor Arnold Schwarzenegger on July 28, 2009.

Despite State Budget Crisis Federal Court Says “Not In the Public Interest” To Allow the State “To Continue To Violate Requirements of Federal Law”
Judge Synder acknowledged the State’s immense and on-going budget crisis, but wrote in her ruling that it was not in the public interest to continue to allow the State to violate federal laws.

In making her ruling, Judge Synder said that while the court was “…mindful of the difficulty facing the State of California in light of its fiscal crisis” the US 9th Circuit Court of Appeals in a case filed by the Novato, California-based Medicaid Defense Fund on behalf of Medi-Cal pharmacy providers and the Independent Living Center of Southern California, has held that the public interest would not be injured by granting a preliminary injunction in cases dealing with social or human services and that “…it would not be equitable or in the public's interest to allow the state to continue to violate the requirements of federal law, especially when there are no adequate remedies available to compensate the [plaintiffs – those filing the lawsuit] for the irreparable harm that would be caused by the continuing violation.”

The Judge’s ruling is one of several rulings by her and other federal district court judges on many other lawsuits that were filed against the State in recent years stopping a number of budget reductions citing various violations of federal laws.

Impact of the Court’s Ruling
It appears the ruling by the federal district court will do the following:
1. Stop immediately further implementation and reverse the State’s freeze of rates for intermediate care facilities for the developmentally disabled, intermediate care facilities for the mentally retarded and freestanding pediatric subacute facilities.
2. Require that the State would need to adjust (or increase) the rates for those providers as required under State law before the freeze was imposed in 2009.

The order by Judge Synder dated May 5th but released May 6th, however does not cover or impact a permanent rate reduction on the intermediate care facilities (and other long term care facilities) that Governor Brown proposed in January and that the Legislature approved and the Governor signed into law) in March as part of the 2011-2012 State Budget.

A notice from the Department of Health Care Services to providers impacted is expected to be posted or sent out soon [CDCAN will issue a report when it does]

Two Separate Lawsuits Filed and Then Combined
The ruling applied to two separate cases, filed originally in April 2010, that the federal court combined or consolidated because each covered the same issues and similar providers impacted by the rate freeze (the consolidated both cases on June 15, 2010):
· California Association of Health Facilities vs. David Maxwell-Jolly, et al [Case No. CV 10-3259 CAS (MANx) and
· Developmental Services Network and UCP of Los Angeles and Ventura Counties vs. David Maxwell-Jolly [Case No. CV 10-3284 CAS (MANx)
The name “David Maxwell-Jolly” refers to the person who was director of the Department of Health Care Services – the state agency that oversees the State’s Medicaid program (called “Medi-Cal”).

Judge Had Put A Hold On Both Cases Last Year
· Last year the judge put a hold on both cases because at that time the US Supreme Court announced it would take up several Medicaid related cases (including two major ones dealing with Medi-Cal provider rate reductions filed by the Novato, California-based Medicaid Defense Fund on behalf of the Independent Living Center of Southern California, and another dealing with stopping the State’s cut of its funding for In-Home Supportive Services worker wages) that it will hear in the fall of 2011 and decide sometime in 2012.
· The organizations filing both lawsuits (plaintiffs) filed a motion earlier this year requesting that the judge remove the hold (or “stay”) and to rule on the two cases dealing with the Medi-Cal rate freezes to ICF/DDs, ICF/MRs and the freestanding pediatric subacute facilities arguing that the rulings by the US 9th Circuit Court of Appeal – that ruled against the State of California in the Medicaid cases that the US Supreme Court will hear this coming fall – remains in force until if and when the US Supreme Court over rules it.
· Judge Synder agreed and allowed the to cases to move forward together, and then issued her ruling on Friday (May 6th).

What the Two Lawsuits Claimed and Asked For
The two lawsuits asked the federal district court to stop the State from implementing the rate freeze for the following three reasons:

Claim that State Violated “Quality of Care” and “Equal Access” In Federal Law
· The two lawsuits claimed that the State, in approving and implementing the rate freeze violated a provision of the federal Medicaid Act [42 USC Section 1396a(a)(30(A) – referred to as Section 30(A)] because neither the Department of Health Care Services nor the California Legislature considered the “quality of care” and “equal access” requirements of that provision, or whether reimbursement rates are reasonably related to provider costs, before its implementation.
· Judge Synder did not rule on this argument saying it would be “…imprudent to resolve the present motions under Section 30(A)” while the issue is waiting to be resolved by the US Supreme Court. She did note in her ruling however that “For now, suffice it to say that plaintiffs’ claims under Section 30(A) present a “serious question going to the merits” – meaning those filing the two lawsuits raise a compelling argument, even though she would not rule on that part of their lawsuit.

Claim That State Violated Federal Law & Previous Higher Court Decisions on Implementing Freeze Before Getting Federal Approval
· The two lawsuits claimed that the State in passing and implementing the rate freeze violated federal law and a previous ruling by the US 9th Circuit Court of Appeals – an issue not part of the cases that the US Supreme Court will hear – because the Department of Health Care Services implemented the rate freeze through an amendment to the State’s Medicaid State Plan without prior approval from the federal government.
· On this point Judge Synder agreed with those filing the two lawsuits and is the basis for her ruling that, as of May 5th (the actual date of her order] stopped the State from implementing the rate freeze that went into effect in 2009.

Claim That State Was In Violation With “Public Process” Provision of Federal Law
· The two lawsuits claimed that the State in approving and implementing the rate freeze was in violation of the public process provisions under federal law [42 USC Section 1396(a)(13(A)] sometimes referred to as “Section 13(A)”.
· Judge Synder declined to rule on this claim by those filing the two lawsuits because she believed they “…have demonstrated a likelihood of success on the merits” of their other claim that the State was in violation of federal law and court decisions in implementing the rate freeze through a State Plan Amendment before getting approval from the federal government.
· Essentially the Judge felt this claim was not necessary for her to issue her order to stop the State from implementing the free.

The Federal Judge’s Order
Federal District Court Judge Synder issued the following order from her 17 page ruling:
· “…the Court hereby GRANTS plaintiffs’ [California Association of Health Facilities, and the Developmental Services Network and UCP of Los Angeles and Ventura Counties] motions for preliminary injunction.”
· “The Court hereby ORDERS the Director [of the California Department of Health Care Services], his agents, servants, employees, attorneys, successors, and all those working in concert with him to refrain from enforcing Cal. Welf. & Inst. Code § 14105.191(f), including refraining from effectively freezing at 2008–2009 levels the Medi-Cal reimbursement rates for services provided by intermediate care facilities for the developmentally disabled and the mentally retarded, and freestanding pediatric subacute facilities during the 2009–2010 rate year and each rate year thereafter.”
· “At oral argument, the Director orally moved for a stay of the preliminary injunction pending the Director’s emergency appeal of this order. In deciding whether to issue a stay pending appeal, the Court considers “(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies…The Court finds that the relevant factors do not weigh in favor of granting the Director’s motion.”
· “Most importantly, there is no evidence that the Director will suffer irreparable injury absent a stay, and issuance of a stay would substantially injure plaintiffs because their members would continue to lose considerable revenue that cannot be recouped retroactively in federal court. Accordingly, the Court DENIES the Director’s motion for a stay pending appeal.”


HELP!!!! VERY URGENT!!!!!
PLEASE HELP CDCAN CONTINUE ITS WORK!!!
MAY 07, 2011 – 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 FOR CONTINUED SUPPORT THAT MAKE THESE REPORTS, ALERTS, TOWNHALLS POSSIBLE TO: WESTSIDE REGIONAL CENTER, LANTERMAN REGIONAL CENTER, CALIFORNIA ASSOCIATION OF ADULT DAY HEALTH CENTERS, VENTURA COUNTY AUTISM SOCIETY, RESPITE, INC., LOS ANGELES RESIDENTIAL COMMUNITY SERVING DEVELOPMENTALLY DISABLED ADULTS LARC RANCH, FEAT OF SACRAMENTO, EASTER SEALS OF SOUTHERN CALIFORNIA, EMMANUEL AND FAMILY, PEOPLE FIRST OF SAN LUIS OBISPO, BOB BENSON, the Pacific Homecare Services, Toward Maximum Independence, Inc (TMI), Friends of Children with Special Needs, Southside Arts Center, San Francisco Bay Area Autism Society of America, Hope Services in San Jose, FEAT of Sacramento (Families for Early Autism Treatment), Sacramento Gray Panthers, Bill Wong, Tri-Counties Regional Center, Life Steps, Parents Helping Parents, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Training Toward Self Reliance, 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.



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This email is sent to you because you are subscribed to the CDCAN (California Disability Community Action Network mailing list .
To unsubscribe, E-mail to:

State funding restore

CDCAN DISABILITY RIGHTS REPORT
#101-2011 – MAY 07, 2011 – SATURDAY
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”

State Budget Crisis
FEDERAL JUDGE STOPS CALIFORNIA FROM IMPLEMENTING 2009 MEDI-CAL RATE FREEZE FOR INTERMEDIATE CARE FACILTIES FOR DEVELOPMENTALLY DISABLED & FREESTANDING PEDIATRIC SUBACUTE FACILTIES
Federal Judge Says State Violated Federal Law and Previous Higher Court Decisions That Requires State to Obtain Federal Approval Before Freezing Rates

SACRAMENTO, CALIF (CDCAN) [Last Updated 05/07/2011 01:45 PM] - A federal district court judge in Los Angeles issued a ruling Friday (May 6) that stops and reverses the State’s implementation of a 2009 Medi-Cal rate freeze for intermediate care facilities for the developmentally disabled (ICF/DD), intermediate care facilities for the mentally retarded (ICF/MR) and freestanding pediatric subacute facilities (FSP facilities) finding that the freeze violated federal law because the State did not receive prior approval from the federal government to implement it. A copy of the 17 page final ruling by Federal District Court Judge Christina Synder is attached to this CDCAN Report as a pdf file saved as a document (which persons who are blind or sight impaired should be able to read using a screen reading device) titled: “20110505-FinalOrder-PreliminaryInjunction-DSN et al v DHCS and CAHF v. DHCS – Medi-Cal Rate Freeze.pdf”

While the Department of Health Care Services, now headed by Toby Douglas, under the Brown Administration, has not issued any official response, it is likely the State will appeal the ruling to the US 9th Circuit Court of Appeals. Judge Synder however refused the State’s request (or motion) to delay (“stay”) her order until that appeal is filed and decided by the higher court. That means her order is in effect as of May 5th – the date of her order (even though it was released on May 6th) unless a higher court reverses it.

The ruling impacts thousands of people with developmental disabilities and others who reside in those facilities across the state, and the community organizations their staff and support workers who run them.

Rate Freeze Was Part of 2009-2010 State Budget Revised July 2009
The rate freeze for those three types of Medi-Cal providers – along with other long term care facilities - was imposed as part of the 2009-2010 State Budget as revised in July 2009. That budget provision froze rates for those three types of providers at what it was during the 2008-2009 State budget year and the Judge’s order only impacts those providers, as named in the two lawsuits.

The rate freeze for those three types of long term care facilities was in budget related legislation, ABx4 5 (called budget trailer bill because it follows or trails the main State budget bill – the “x4” stands for the 4th extraordinary or special session of the Legislature that year), passed by State Senate 29 to 11 on July 23, 2009, and then by the Assembly by a vote of 57 to 20 and signed by then Governor Arnold Schwarzenegger on July 28, 2009.

Despite State Budget Crisis Federal Court Says “Not In the Public Interest” To Allow the State “To Continue To Violate Requirements of Federal Law”
Judge Synder acknowledged the State’s immense and on-going budget crisis, but wrote in her ruling that it was not in the public interest to continue to allow the State to violate federal laws.

In making her ruling, Judge Synder said that while the court was “…mindful of the difficulty facing the State of California in light of its fiscal crisis” the US 9th Circuit Court of Appeals in a case filed by the Novato, California-based Medicaid Defense Fund on behalf of Medi-Cal pharmacy providers and the Independent Living Center of Southern California, has held that the public interest would not be injured by granting a preliminary injunction in cases dealing with social or human services and that “…it would not be equitable or in the public's interest to allow the state to continue to violate the requirements of federal law, especially when there are no adequate remedies available to compensate the [plaintiffs – those filing the lawsuit] for the irreparable harm that would be caused by the continuing violation.”

The Judge’s ruling is one of several rulings by her and other federal district court judges on many other lawsuits that were filed against the State in recent years stopping a number of budget reductions citing various violations of federal laws.

Impact of the Court’s Ruling
It appears the ruling by the federal district court will do the following:
1. Stop immediately further implementation and reverse the State’s freeze of rates for intermediate care facilities for the developmentally disabled, intermediate care facilities for the mentally retarded and freestanding pediatric subacute facilities.
2. Require that the State would need to adjust (or increase) the rates for those providers as required under State law before the freeze was imposed in 2009.

The order by Judge Synder dated May 5th but released May 6th, however does not cover or impact a permanent rate reduction on the intermediate care facilities (and other long term care facilities) that Governor Brown proposed in January and that the Legislature approved and the Governor signed into law) in March as part of the 2011-2012 State Budget.

A notice from the Department of Health Care Services to providers impacted is expected to be posted or sent out soon [CDCAN will issue a report when it does]

Two Separate Lawsuits Filed and Then Combined
The ruling applied to two separate cases, filed originally in April 2010, that the federal court combined or consolidated because each covered the same issues and similar providers impacted by the rate freeze (the consolidated both cases on June 15, 2010):
· California Association of Health Facilities vs. David Maxwell-Jolly, et al [Case No. CV 10-3259 CAS (MANx) and
· Developmental Services Network and UCP of Los Angeles and Ventura Counties vs. David Maxwell-Jolly [Case No. CV 10-3284 CAS (MANx)
The name “David Maxwell-Jolly” refers to the person who was director of the Department of Health Care Services – the state agency that oversees the State’s Medicaid program (called “Medi-Cal”).

Judge Had Put A Hold On Both Cases Last Year
· Last year the judge put a hold on both cases because at that time the US Supreme Court announced it would take up several Medicaid related cases (including two major ones dealing with Medi-Cal provider rate reductions filed by the Novato, California-based Medicaid Defense Fund on behalf of the Independent Living Center of Southern California, and another dealing with stopping the State’s cut of its funding for In-Home Supportive Services worker wages) that it will hear in the fall of 2011 and decide sometime in 2012.
· The organizations filing both lawsuits (plaintiffs) filed a motion earlier this year requesting that the judge remove the hold (or “stay”) and to rule on the two cases dealing with the Medi-Cal rate freezes to ICF/DDs, ICF/MRs and the freestanding pediatric subacute facilities arguing that the rulings by the US 9th Circuit Court of Appeal – that ruled against the State of California in the Medicaid cases that the US Supreme Court will hear this coming fall – remains in force until if and when the US Supreme Court over rules it.
· Judge Synder agreed and allowed the to cases to move forward together, and then issued her ruling on Friday (May 6th).

What the Two Lawsuits Claimed and Asked For
The two lawsuits asked the federal district court to stop the State from implementing the rate freeze for the following three reasons:

Claim that State Violated “Quality of Care” and “Equal Access” In Federal Law
· The two lawsuits claimed that the State, in approving and implementing the rate freeze violated a provision of the federal Medicaid Act [42 USC Section 1396a(a)(30(A) – referred to as Section 30(A)] because neither the Department of Health Care Services nor the California Legislature considered the “quality of care” and “equal access” requirements of that provision, or whether reimbursement rates are reasonably related to provider costs, before its implementation.
· Judge Synder did not rule on this argument saying it would be “…imprudent to resolve the present motions under Section 30(A)” while the issue is waiting to be resolved by the US Supreme Court. She did note in her ruling however that “For now, suffice it to say that plaintiffs’ claims under Section 30(A) present a “serious question going to the merits” – meaning those filing the two lawsuits raise a compelling argument, even though she would not rule on that part of their lawsuit.

Claim That State Violated Federal Law & Previous Higher Court Decisions on Implementing Freeze Before Getting Federal Approval
· The two lawsuits claimed that the State in passing and implementing the rate freeze violated federal law and a previous ruling by the US 9th Circuit Court of Appeals – an issue not part of the cases that the US Supreme Court will hear – because the Department of Health Care Services implemented the rate freeze through an amendment to the State’s Medicaid State Plan without prior approval from the federal government.
· On this point Judge Synder agreed with those filing the two lawsuits and is the basis for her ruling that, as of May 5th (the actual date of her order] stopped the State from implementing the rate freeze that went into effect in 2009.

Claim That State Was In Violation With “Public Process” Provision of Federal Law
· The two lawsuits claimed that the State in approving and implementing the rate freeze was in violation of the public process provisions under federal law [42 USC Section 1396(a)(13(A)] sometimes referred to as “Section 13(A)”.
· Judge Synder declined to rule on this claim by those filing the two lawsuits because she believed they “…have demonstrated a likelihood of success on the merits” of their other claim that the State was in violation of federal law and court decisions in implementing the rate freeze through a State Plan Amendment before getting approval from the federal government.
· Essentially the Judge felt this claim was not necessary for her to issue her order to stop the State from implementing the free.

The Federal Judge’s Order
Federal District Court Judge Synder issued the following order from her 17 page ruling:
· “…the Court hereby GRANTS plaintiffs’ [California Association of Health Facilities, and the Developmental Services Network and UCP of Los Angeles and Ventura Counties] motions for preliminary injunction.”
· “The Court hereby ORDERS the Director [of the California Department of Health Care Services], his agents, servants, employees, attorneys, successors, and all those working in concert with him to refrain from enforcing Cal. Welf. & Inst. Code § 14105.191(f), including refraining from effectively freezing at 2008–2009 levels the Medi-Cal reimbursement rates for services provided by intermediate care facilities for the developmentally disabled and the mentally retarded, and freestanding pediatric subacute facilities during the 2009–2010 rate year and each rate year thereafter.”
· “At oral argument, the Director orally moved for a stay of the preliminary injunction pending the Director’s emergency appeal of this order. In deciding whether to issue a stay pending appeal, the Court considers “(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies…The Court finds that the relevant factors do not weigh in favor of granting the Director’s motion.”
· “Most importantly, there is no evidence that the Director will suffer irreparable injury absent a stay, and issuance of a stay would substantially injure plaintiffs because their members would continue to lose considerable revenue that cannot be recouped retroactively in federal court. Accordingly, the Court DENIES the Director’s motion for a stay pending appeal.”


HELP!!!! VERY URGENT!!!!!
PLEASE HELP CDCAN CONTINUE ITS WORK!!!
MAY 07, 2011 – 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 FOR CONTINUED SUPPORT THAT MAKE THESE REPORTS, ALERTS, TOWNHALLS POSSIBLE TO: WESTSIDE REGIONAL CENTER, LANTERMAN REGIONAL CENTER, CALIFORNIA ASSOCIATION OF ADULT DAY HEALTH CENTERS, VENTURA COUNTY AUTISM SOCIETY, RESPITE, INC., LOS ANGELES RESIDENTIAL COMMUNITY SERVING DEVELOPMENTALLY DISABLED ADULTS LARC RANCH, FEAT OF SACRAMENTO, EASTER SEALS OF SOUTHERN CALIFORNIA, EMMANUEL AND FAMILY, PEOPLE FIRST OF SAN LUIS OBISPO, BOB BENSON, the Pacific Homecare Services, Toward Maximum Independence, Inc (TMI), Friends of Children with Special Needs, Southside Arts Center, San Francisco Bay Area Autism Society of America, Hope Services in San Jose, FEAT of Sacramento (Families for Early Autism Treatment), Sacramento Gray Panthers, Bill Wong, Tri-Counties Regional Center, Life Steps, Parents Helping Parents, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Training Toward Self Reliance, 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.



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This email is sent to you because you are subscribed to the CDCAN (California Disability Community Action Network mailing list .
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Purchase Of Services

I got this just this moring in the email.



CDCAN DISABILITY RIGHTS REPORT

#030-2011 – FEBRUARY 1, 2011 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”



State Budget Crisis:

Regional Center “Statewide Purchase of Services Standards” and “Accountability and Transparency” Proposed Budget Trailer Bill Language Released By Brown Administration

Budget Trailer Bill Language Need Approval from Both Senate and Assembly – Assembly Budget Subcommittee Will Hear Regional Center and Other Developmental Services Proposed Reductions on Feb 3rd At 10:00 AM At the State Capitol In Room 4202



SACRAMENTO, CALIF (CDCAN) [Updated 02/01/2011 – 09:30 PM (Pacific Time) – Budget related language – referred to as “budget trailer bill language” dealing with setting guidelines for the State to develop a regional center “statewide purchase of services standards” and implementation of certain specific “accountability and transparency” measures, was released today by the Brown Administration.



Those two measures are part of the Governor’s over all proposal for a $750 million cut in State general fund spending for developmental services. That figure is probably closer to $1 billion when lost federal matching funds are included, depending on which specific reductions are actually approved and implemented later in the year.



The Brown Administration released earlier this week several proposed budget trailer bill language documents (see separate CDCAN Report on budget trailer bills impacting In-Home Supportive Services) dealing with regional centers (those were sent out in a previous CDCAN Report this past week) and other programs including Medi-Cal.



Advocates fear that the size of the proposed reduction of over $750 million in State general fund spending (which also includes about $200 million in new federal funding and shifts from other funds) could mean sweeping changes and cuts in services and eligibility for thousands of children and adults with developmental disabilities and for regional centers and thousands of community-based providers and individual workers across the State. Advocates are pushing for the Legislature to reject the proposed $750 million reduction in State general funding or to lower it to the amount that would be covered by new federal funding and fund shifts, arguing that previous cuts since late 2001 and especially in 2009 have hit the regional center community-based system impacting thousands of families, adults receiving services, community providers and facilities and workers across the State.


The Legislature has not yet taken action on any of the Governor’s major proposed reductions – though hearings have been held and are still continuing (see below for details).



Proposed Purchase of Services Budget Trailer Bill Language Contains No Details – Only Outline Of What Department Needs To Consider

· The budget trailer bill language dealing with regional center “purchase of services” standards is largely a general outline of what the Department of Developmental Services is to consider in developing standards that will reduce State general fund spending by – at this point – hundreds of millions in State general fund dollars.

· If the Legislature approves the general budget reduction target proposed by Governor Brown of $750 million and the concept of imposing a statewide purchase of services standards, the Department of Developmental Services will be required to work with stakeholders over the next couple of months and then submit – at a yet unspecified date (like in May or early June) a final proposed statewide purchase of services standards document for the Legislature to approve.



Regional Centers Coordinate Community-Based Services For Over 240,000 Children With Developmental Disabilities and Also Early Start Program

· The 21 non-profit regional centers are contracted by the Department of Developmental Services to coordinate community-based services and supports to over 240,000 children and adults with developmental disabilities.

· The regional centers – with the Department of Developmental Services as the lead state agency – is the entry point for the State’s early intervention program – called “Early Start” that serves thousands of infants with developmental delays.



Regional Center “Purchase of Services” Funds Community-Based Services For Over 240,000 Children and Adults with Developmental Disabilities

· “Purchase of services” refers to the regional center budget that funds – for those 240,000 children and adults – community-based services under the State law, the “Lanterman Developmental Disabilities Services Act”, the nation’s only civil rights law specifically for people with developmental disabilities.

· The community-based services are provided by thousands of community-based organizations and individuals who actually provide the supports and services.

· The regional center “purchase of services” funded community-based services are in addition to other services or supports a person with developmental disabilities might be eligible for (including In-Home Supportive Services, Medi-Cal, SSI/SSP grants, mental health community-based services, and special education services under the Individuals with Disabilities Education Act)



What Do Budget Trailer Bills Do – And Why They Are Important

· Budget trailer bills make necessary changes in existing State law in order to implement reductions or other changes in the State budget.

· The State budget is passed and signed into law first – followed or trailed by several different budget trailer bills (each trailer bill usually covers a specific budget area, such as human services or health, or judiciary, etc).

· All of the proposed budget trailer bills by the Brown Administration require approval from both the Assembly and State Senate. The Legislature can – and in most cases will – make changes to the various proposed trailer bill language, sometimes with minor changes and others that inserts entirely new provisions.

· All of the proposed budget trailer bills provides more details on how the State would implement the reductions proposed by Governor Jerry Brown on January 10th when he released his 2011-2012 State Budget plan, which included over $12.5 billion in reductions in State general fund spending (some of that includes shifting of funds) and about $12 billion in increased revenues – the bulk achieved by a proposal – that would require voter approval in a June special election - to extend for five years temporary tax increases scheduled to expire this year.

· Persons impacted potentially by the issues covered in these or other budget trailer bills should read them – and contact your own legislators who represent you if you have suggestions for changes or have concerns (make sure they in turn contact the two budget subcommittees on your behalf)



Regional Center Trailer Bill Language Released Today (Feb 1)

The Brown Administration released 2 documents containing proposed budget trailer bill language covering dealing with regional centers and developmental services. These and other budget trailer bills proposed by the Brown Administration are available on the Department of Finance website at www.dof.ca.gov (click on the left hand column for “trailer bills”)



These two pdf files were saved as images – and cannot be read by people who are blind or sight impaired using a screen reading device. CDCAN is reproducing those documents and will send out later today.):



The following was released today that provide more details on the reductions to developmental services, as proposed by Governor Brown on January 10th:



BUDGET TRAILER BILL LANGUAGE: REGIONAL CENTER PURCHASE OF SERVICES STANDARDS

· This proposed budget trailer bill language contains no details on what those standards would look like – but rather broadly defines would it would cover, the broad (not specific) process.

· Would require the Department of Developmental Services to develop statewide “purchase of services standards” for regional centers to be submitted to the Legislature for approval (no date yet specified for that – likely in May or early June)

· Would require that in developing these proposed standards, the Department of Developmental Services shall consider a wide range of things to consider providing standards (or limits) for including eligibility for services; consider standards dealing with duration, frequency and efficacy (effectiveness) of the service; consider standards that impact service provider qualifications, performance, rates (reimbursement from State); consider standards that would impose or expand parental or family responsibility for paying for services and also consider standards that would require adults with developmental disabilities to be responsible for some payment for services

· The Department of Developmental Services, in developing the proposed standards, will consider the impact of implementing the standards against the previous cuts already imposed on community-based services

· Would require that the standards – if approved by the Legislature and signed into law by the Governor – would follow the Individual Program Plan process and the Lanterman Developmental Disabilities Services Act.

· The 5 page pdf file (scanned as an image) is attached to this CDCAN Report and titled: “620RegionalCentersPurchaseOfServicesStandards_201107836(Feb012011).pdf”



BUDGET TRAILER BILL LANGUAGE – REGIONAL CENTERS ACCOUNTABILITY AND TRANSPARENCY

· This budget related trailer bill language deals with implementing several measures to improve accountability and transparency in the operations of the Department of Developmental Services and regional centers.

· Would require regional centers to submit every year to the Department of Developmental Services documentation demonstrating that the composition of its governing board complies with State law (Section 4622).

· Would require regional center governing boards to adopt written policy requiring that any regional center contract over $350,000 or more needs approval of the regional center governing board (the current language does not specify or exclude normal vendor contracts or specifies if this provisions deals only with “special contracts”)

· Would require that the contracts between the Department of Developmental Services and each of the 21 regional centers include provisions requiring the regional center to adopt, maintain and post on their websites, a transparency and public information policy.

· Would require the Department of Developmental Services to set up a “transparency portal” on its website to include (but not limited to) links to the regional center transparency and public information policy website and other regional center monitoring, audit reports and enforcement information.

· Would require that certain persons or entities (providers) that have been convicted of certain crimes of have been found liable for fraud and abuse in any civil proceeding or have entered in to a settlement instead of a conviction for fraud and abuse in any government program within the previous 10 years, are ineligible to be a regional center vendor. Would require the Department of Developmental Services to adopt necessary emergency and non-emergency regulations to implement this provision.

· Would require the Department of Social Services and the Department of Public Health to notify the Department of Developmental Services of any administrative action (as defined in this bill) against a licensee serving a person or persons with developmental disabilities.

· The 11 page pdf file (scanned as an image) is attached to this report and titled:“621RegionalCentersAccountabilityAndTransparency1107801(Feb022011).pdf”



NEXT STEPS

· The Legislature is still conducting budget subcommittee hearings, begun last week and continues through the end of next week reviewing and taking public comment on the Governor’s proposals, including his proposals for major permanent cuts to regional centers, IHSS, SSI/SSP Medi-Cal, CalWORKS and other health and human services.

· The Assembly Budget Subcommittee #1 on Health and Human Services is scheduled to hear the Governor’s proposed developmental services budget – including over $750 million in reductions in State general fund spending largely coming from regional centers on February 3, at 10:00 (or upon adjournment of the Assembly floor session which is expected to end just before 10 AM) at the State Capitol in Room 4202. There are no other items on the agenda. ALSO meeting that same day – across the hall – in Room 4203, is the Senate Budget Subcommittee #3 on Health and Human Services at 09:30 AM, to hear the Governor’s proposed cuts to In-Home Supportive Services (IHSS), the Governor’s proposed cut to SSI/SSP individual grants from $845 to $830 – the lowest level allowed by the federal government (grants to couples were reduced in 2009 to the lowest level allowed by the federal government); and the Governor’s proposal to eliminate all funding for the Multipurpose Senior Services Program (MSSP)



VERY URGENT!!!!!

PLEASE HELP CDCAN CONTINUE ITS WORK!!!

FEBRUARY 1, 2011 – 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 HOPE SERVICES, CALIFORNIA ASSOCIATION OF ADULT DAY HEALTH CENTERS, VENTURA COUNTY AUTISM SOCIETY, RESPITE, INC., LOS ANGELES RESIDENTIAL COMMUNITY SERVING DEVELOPMENTALLY DISABLED ADULTS LARC RANCH, FEAT OF SACRAMENTO, EASTER SEALS OF SOUTHERN CALIFORNIA, EMMANUEL AND FAMILY, MICHAEL DIMMITT, PEOPLE FIRST OF SAN LUIS OBISPO, BOB BENSON, the Pacific Homecare Services, Toward Maximum Independence, Inc (TMI), Friends of Children with Special Needs, Southside Arts Center, San Francisco Bay Area Autism Society of America, Hope Services in San Jose, FEAT of Sacramento (Families for Early Autism Treatment), Sacramento Gray Panthers, Bill Wong, Tri-Counties Regional Center, Life Steps, Parents Helping Parents, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Training Toward Self Reliance, 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.





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IHSS Issues

I got this in the email this moring.

CDCAN DISABILITY RIGHTS REPORT

#031-2011 – FEBRUARY 1, 2011 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”



State Budget Crisis:

Brown Administration Releases Proposed Budget Language To Implement In-Home Supportive Services Reductions

Budget Trailer Bill Language Need Approval from Both Senate and Assembly – Senate Budget Subcommittee Will Hear IHSS and SSI/SSP and MSSP Proposed Cuts on February 3rd at 09:30



SACRAMENTO, CALIF (CDCAN) [Updated 02/01/2011 – 09:50 PM (Pacific Time) – The Brown Administration released today more proposed budget related language – referred to as “budget trailer bill language” covering several proposals dealing with major cuts and changes in eligibility to In-Home Supportive Services (IHSS). All of the proposed budget trailer bills by the Brown Administration require approval from both the Assembly and State Senate. The Legislature can – and in most cases will – make changes to the various proposed trailer bill language, sometimes with minor changes and others that inserts entirely new provisions.



The Governor is proposing – among other sweeping permanent reductions – a $500 million cut in State general fund spending to the In-Home Supportive Services (IHSS) program that serves over 460,000 children and adults with disabilities (including developmental), mental health needs, the blind, people with traumatic brain and other injuries, people with Alzheimer’s and MS and other disorders, senior, across the State.



What Do Budget Trailer Bills Do – And Why They Are Important

· Budget trailer bills make necessary changes in existing State law in order to implement reductions or other changes in the State budget.

· The State budget is passed and signed into law first – followed or trailed by several different budget trailer bills (each trailer bill usually covers a specific budget area, such as human services or health, or judiciary, etc).

· All of the proposed budget trailer bills by the Brown Administration require approval from both the Assembly and State Senate. The Legislature can – and in most cases will – make changes to the various proposed trailer bill language, sometimes with minor changes and others that inserts entirely new provisions.

· All of the proposed budget trailer bills provides more details on how the State would implement the reductions proposed by Governor Jerry Brown on January 10th when he released his 2011-2012 State Budget plan, which included over $12.5 billion in reductions in State general fund spending (some of that includes shifting of funds) and about $12 billion in increased revenues – the bulk achieved by a proposal – that would require voter approval in a June special election - to extend for five years temporary tax increases scheduled to expire this year.

· Persons impacted potentially by the issues covered in these or other budget trailer bills should read them – and contact your own legislators who represent you if you have suggestions for changes or have concerns (make sure they in turn contact the two budget subcommittees on your behalf)



In-Home Supportive Services Trailer Bill Language

The Brown Administration released 5 documents containing proposed budget trailer bill language covering the five proposed reductions to IHSS by the Governor. These and other budget trailer bills proposed by the Brown Administration are available on the Department of Finance website at www.dof.ca.gov (click on the left hand column for “trailer bills”)



Except for one (dealing with IHSS Advisory Committees), the 4 pdf files were saved as images – and cannot be read by people who are blind or sight impaired using a screen reading device. CDCAN is reproducing those documents and will send out later today.):



The following was released today that provide more details on the reductions to IHSS, as proposed by Governor Brown on January 10th:

1. IHSS Hours Reduction – budget trailer bill dealing with the additional 8.4% across the board reduction in authorized hours for all persons receiving IHSS, effective July 1, 2011 on top of the existing 3.6% cut in hours that went into effect February 1, 2011 (passed as part of the 2010-2011 State Budget last October). This would mean a total across the board cut in IHSS service hours of 12%. The 12 page proposed trailer bill language, attached in a pdf file scanned as an image is attached and titled: “635-Across-the-BoardReductiontoIHSSServiceHours_1105159(Feb012011).pdf”

2. Domestic and Related Services Reduction for Children Living With Parents – budget trailer bill dealing with the Governor’s proposal to eliminate domestic and related services under IHSS for all children under age of 18 years old living with their parents at home. The 11 page proposed budget trailer bill language, attached in a pdf file scanned as an image, is attached and titled: “636-EliminateIHSSDomesticAndRelatedServicesForMinorsLivingWithAbleAvailableParent_1105078(Feb012011).pdf”

3. Domestic and Related Services Reduction for Adults Living With Another Person – budget trailer bill dealing with Governor’s proposal to eliminate domestic and related services under IHSS for all adults who live with a roommate (“shared living arrangement”). The 8 page proposed trailer bill language is attached and titled “637-EliminateIHSSDomestic&RelatedServicesforRecipientsInSharedLiving_1107552(Feb012011).pdf”

4. Doctor’s “At Risk” Certification To Be Eligible for IHSS – budget trailer bill language relating to the Governor’s proposal to narrow eligibility to the IHSS program for all persons currently in it and all persons applying for eligibility by requiring a doctor to provide a certification that the person is “at risk” of institutionalization (out of home placement) in order to be eligible for any services under IHSS. This proposal is perhaps the most significant of all those proposed by the Governor – and one not previously proposed before. The 6 page budget trailer bill language is attached and titled “638-EliminateIHSSServicesForRecipientsWIthoutPhysicianCertification_1107849(Feb012011).pdf”

5. Eliminate State Funding for IHSS Advisory Committees – budget trailer bill language regarding the Governor’s proposal to eliminate all State funding for IHSS Advisory Committees in every county. Counties would have the option to continue their advisory committee, with their own funding (matched by federal funds – but without State funding). The 1 page draft budget trailer bill language is attached and titled “639-EliminatStateFUndingForIHSSAdvisoryCommittees_DraftV2L(Feb012011).pdf”



NEXT STEPS

· The Legislature is still conducting budget subcommittee hearings, begun last week and continues through the end of next week reviewing and taking public comment on the Governor’s proposals, including his proposals for sweeping cuts to IHSS, SSI/SSP, regional centers, Medi-Cal, and other health and human services.

· The Senate Budget Subcommittee #3 on Health and Human Services is scheduled to hear the IHSS budget proposals on February 3, at 09:30 AM (or upon adjournment of the Senate floor session) at the State Capitol in Room 4203. Also on the agenda for this hearing is the Governor’s proposed cut to SSI/SSP individual grants from $845 to $830 – the lowest level allowed by the federal government (grants to couples were reduced in 2009 to the lowest level allowed by the federal government); and the Governor’s proposal to eliminate all funding for the Multipurpose Senior Services Program (MSSP)

· The Assembly Budget Subcommittee #1 on Health and Human Services is also holding a hearing on the same day – though at around 10:00 AM (or upon adjournment of the Assembly floor session – which most people expect to adjourn by 10 AM). The Assembly subcommittee meets February 3rd, Thursday morning at the State Capitol in Room 4202 (right across the hall from Room 4203) covering the Governor’s proposed cuts to regional centers (developmental services).



VERY URGENT!!!!!

PLEASE HELP CDCAN CONTINUE ITS WORK!!!

FEBRUARY 1, 2011 – 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 HOPE SERVICES, CALIFORNIA ASSOCIATION OF ADULT DAY HEALTH CENTERS, VENTURA COUNTY AUTISM SOCIETY, RESPITE, INC., LOS ANGELES RESIDENTIAL COMMUNITY SERVING DEVELOPMENTALLY DISABLED ADULTS LARC RANCH, FEAT OF SACRAMENTO, EASTER SEALS OF SOUTHERN CALIFORNIA, EMMANUEL AND FAMILY, MICHAEL DIMMITT, PEOPLE FIRST OF SAN LUIS OBISPO, BOB BENSON, the Pacific Homecare Services, Toward Maximum Independence, Inc (TMI), Friends of Children with Special Needs, Southside Arts Center, San Francisco Bay Area Autism Society of America, Hope Services in San Jose, FEAT of Sacramento (Families for Early Autism Treatment), Sacramento Gray Panthers, Bill Wong, Tri-Counties Regional Center, Life Steps, Parents Helping Parents, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Training Toward Self Reliance, 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.















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Senior program hit

CDCAN DISABILITY RIGHTS REPORT

#022-2011 – JANUARY 25, 2011 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”



REMEMBERING THE LIFE AND WORK OF GEORGE MOORE AND NANCY SEYDEN OF DAVIS, BOTH WHO PASSED AWAY LAST WEEK



State Budget Crisis:

Assembly Budget Subcommittee Hears Governor’s Proposal to Eliminate Multipurpose Senior Services Program (MSSP) – Advocates Plead For Legislature to Reject Proposal

Assembly Budget Subcommittee Hears From Dozens of Advocates for An Hour – Holds Item “Open” For Later Action Probably in Mid-February – Also Hears But Takes No Action Yet on Proposal for On-going Full Funding for Long Term Care Ombudsman – 46 Page Agenda for Senate Budget Subcommittee Hearing Jan 26th on Medi-Cal and Healthy Families Attached to This Report



SACRAMENTO, CALIF (CDCAN) [Updated 01/25/2011 02:25 PM (Pacific Time) – The first of Governor Jerry Brown’s sweeping health and human services permanent budget reduction proposals were heard today by the Assembly Budget Subcommittee on Health and Human Services, chaired by Assemblymember Holly Mitchell (Democrat – Los Angeles) [photo left], including the Governor’s proposal to eliminate completely the Multipurpose Senior Services Program (MSSP) that serves over 11,000 Medi-Cal eligible seniors over the age of 65 through 41 sites throughout the State. Those seniors who participate in the program are those individuals who are certified or could be certified for placement in a health facility or other institution, but wanted to live in their own home.



Governor Brown’s proposal would eliminate the Multipurpose Senior Services Program, resulting in a reduction in State general fund spending (or savings to the State general fund) of $19.9 million in the 2011-2012 State Budget year that begins July 1, 2011.



Governor Arnold Schwarzenegger proposed to eliminate funding for the MSSP in previous budget years, including last year, which the Legislature rejected.



MSSP Program Medicaid Program Overseen by Department of Aging

· The MSSP Program was established under the Medicaid Home and Community Based Services waiver program (a waiver waives or exempts the State from certain federal Medicaid rules in order to test or try out a project or program that Medicad rules would otherwise prohibit).

· The Department of Aging administers the MSSP program statewide in partnership with the Department of Health Care Services, which is the lead state agency that oversees the State’s Medicaid program (called “Medi-Cal” in California).

· The program provides social and health care case management services for eligible seniors, with the goal of the program to use community-based services and resources to prevent or delay placement in a health facilty or other institutional setting.



46 Page Agenda For Critically Important Senate Subcommittee Hearing on Medi-Cal and Healthy Families Attached

Meanwhile, another critical issue is scheduled for hearing Wednesday morning by the Senate Budget Subcommittee #3 on Health and Human Services focusing on the Governor’s proposed major cuts to Medi-Cal and Healthy Families.



Attached to this CDCAN Report (and available on the CDCAN website at www.cdcan.us) is the 46 page (pdf) Senate Budget Subcommittee on Health and Human Services 1/26th hearing agenda titled “20110126-SenateBudgetSub3-Health(Medi-CalHealthyFamilies).pdf” prepared by Senate Budget and Fiscal Review Committee consultant Diane Van Maren. See below for more details about this important hearing and other hearings this week.



MSSP Proposal Part of $12.5 Billion In Permanent Cuts Proposed by Brown

· Governor Brown proposed on January 10th, $12.5 billion in permanent reductions in State general fund spending – including some fund shifts – but the bulk outright reductions in spending, including proposed elimination of the MSSP program, Adult Day Health Centers, cuts to the SSI/SSP (Supplemental Security Income/State Supplemental Payment) individual grants to the lowest amount allowed by the federal government, major cuts to the Healthy Families program matched by funds from the federal State Children’s Health Insurance Program (SCHIP).

· Other reductions to health and human services proposed by Governor Brown also include over $500 million in reductions in State general funding for In-Home Supportive Services (IHSS), over $750 million in cuts in State general funding for developmental services (the bulk of that cut hitting the 21 non-profit regional centers who coordinate services for over 240,000 children and adults with developmental disabilities), over $1.7 billion in reductions in State general fund money for the Medi-Cal program, over $1.5 billion in cuts in State general funding for the CalWORKS program. Those proposals will be heard by the Assembly and Senate budget subcommittee this week and in the coming weeks (see CDCAN Reports for details)



What The Assembly Budget Subcommittee Decided Today

· For just about an hour, (until about 2 PM) the subcommittee heard from dozens of advocates, including several MSSP site directors, case managers, advocates from senior and other advocacy groups, and family members plead that the Legislature reject the Governor’s proposal to eliminate all funding for the program. As of 4:30 PM, the subcommittee is still meeting, hearing its final agenda item (Emergency Medical Services Authority).

· Many cited the vulnerability of this senior population, including cost shifting to emergency rooms or institutional care versus living in their own homes; potential violations of federal laws and the landmark 1999 US Supreme Court Olmstead v. Lois Curtis and Elaine Wilson lawsuit under the federal Americans with Disabilities Act (ADA) that required the states to take steps to avoid the unnecessary or unjustified institutionalization of persons with disabilities and seniors. Others mentioned that the State had a responsibility to protect and to provide these services to its seniors.

· Assemblymember Mariko Yamada (Democrat – Davis), who chairs the Assembly Aging and Long Term Care Committee but is not a member of the Assembly Budget Subcommittee #1 on Health and Human Services, sat in on the entire subcommittee hearing. The MSSP issue and other community-based programs serving seniors have been subjects of bills and informational hearings by Yamada’s committee.

· The subcommittee also heard briefly a proposal from the Brown Administration by the California Department on Aging for a way to fully fund the Long Term Care Ombudsman using funding from the existing skilled nursing facility State’s Penalty Citation Account and another similar account established by the nursing home quality assurance fee – referred to as AB 1629 quality assurance fee – that was reauthorized last year.

· The ombudsman funding proposal was supported by the Area Agencies on Aging and other senior advocacy groups. Two years ago Governor Schwarzenegger eliminated a major part of the funding for the ombudsman program. The Legislature put in place last year temporary funding that almost fully funded the ombudsman program. The proposal heard today would put in place a permanent on-going funding stream – but would still be subject to Legislative approval as part of the budget process.

· Also heard various other budget items on the agenda, including Governor’s proposal to increase cost sharing for the AIDS Drug Assistance Program (ADAP).

· All five subcommittee members – plus Yamada – were present for the hearing today.

SUBCOMMITTEE ACTION:

· The subcommittee after hearing the budget issue on MSSP, and later, on the Long Term Care Ombudsman funding proposal, took no vote or action, holding both items “open”, meaning the subcommittee will take action on the proposal later – probably at the end of the subcommittee hearings in mid-February.

· Subcommittee heard brief overview of the Department of Rehabilitation from director Tony Sauer and a brief presentation of two non-controversial “budget change” proposals dealing with electronic records system and the Department of Rehabilitation and Department of Mental Health partnership agreement. The subcommittee approved by proposals.

· The subcommittee also took action on several “budget change proposals” on dealing with other items on subcommittee agenda.



Assembly Budget Subcommittee Members

Total Members: 5

Democratic Members: Wes Chesbro, Holly Mitchell (Chair), and Bill Monning

Republican Members: Kevin Jefferies, and Allan Mansoor



Senate Budget Subcommittee Will Hear MSSP Proposal Feb 3

· The Senate Budget Subcommittee #3 on Health and Human Services is scheduled to hear the Governor’s MSSP proposal on February 3, 2011, Thursday, upon adjournment of the Senate Floor Session (sometime after 9:30 AM), at the State Capitol in Room 4203.

· The hearing will be televised live on CalChannel (check local cable listings) and webcasted live from the CalChannel website at www.calchannel.com

· Other items on the hearing agenda include the Governor’s spending reduction proposals under the Department of Social Services impacting In-Home Supportive Services and SSI/SSP (Supplemental Security Income/State Supplemental Payment) grants

· Senate Budget subcommittee staff is estimating that the length of this hearing will be about 4 hours.



IMPORTANT BUDGET SUBCOMMITTEE HEARINGS THIS WEEK

Several budget subcommittee hearings scheduled for the remainder of this week including Senate Budget Subcommittee hearing on the Governor’s proposed major cuts to Medi-Cal on Wednesday (January 26th) at 10:00 AM; Governor’s proposed cuts to In-Home Supportive Services, SSI/SSP and the shift to the counties (realignment) of Adult Protective Services, before the Assembly Budget Subcommittee on Health & Human Services on Thursday, January 27th.



JANUARY 26, 2011 - WEDNESDAY

SENATE BUDGET SUBCOMMITTEE #3 ON HEALTH AND HUMAN SERVICES

10:00 AM or upon Adjournment of Senate Floor Session – State Capitol – Room 4203

Budget Items To Be Heard:

1. Emergency Medical Services Authority (Budget Item 4120) - Emergency System Registration of Volunteers

2. Department of Health Care Services (Budget Item 4260) - State Support, and Medi-Cal Program, including fund redirections

3. Managed Risk Medical Insurance Board (Budget Item 4280) - Healthy Families Program, Pre-Existing Condition Insurance Program (PCIP)

AGENDA: Attached to this CDCAN Report

CDCAN COMMENT: Budget subcommittee staff estimates that this hearing will be about 4 hours in length depending on questions from members and testimony from public. Governor is proposing over $1.7 billion in cuts to the Medi-Cal program and major cuts to the Healthy Families program. The Assembly Budget Subcommittee #1 on Health and Human Services is hearing these issues on February 1.

CDCAN ACTION ALERT: YES

PRIORITY: VERY HIGH



JANUARY 26, 2011 - WEDNESDAY

ASSEMBLY BUDGET SUBCOMMITTEE #2 EDUCATION FINANCE

10:00 AM – State Capitol – Room 444

Informational Hearing – Subject: Higher Education Overview

Budget Items To Be Heard:

· California State Library (Budget Item 6120)

· California Postsecondary Education Commission (Budget Item 6420)

· University of California (Budget Item 6440)

· Hastings College of the Law (Budget Item 6600)

· California State University (Budget Item 6610)

· ***Board of Governors: California Community Colleges (Budget Item 6870)

· California Student Aid Commission (Budget Item 7980)

Governor’s Budget Proposals – 2011-2012 State Budget:

· Department of Finance Presentation of Governor’s Higher Education Proposal

· Legislative Analyst Office: Assessment of Governor’s Proposals & Recommendations

· Higher Education Segments’ Response

· Public Comment

CDCAN COMMENT: Governor is proposing major cuts to higher education - some, especially to community colleges – that would have major impact to students with disabilities, mental health needs, the blind, low income families

PRIORITY: HIGH



JANUARY 26, 2011 - WEDNESDAY

JOINT HEARING: ASSEMBLY BUDGET SUBCOMMITTEE #1 ON HEALTH AND HUMAN SERVICES AND ASSEMBLY BUDGET SUBCOMMITTEE #2 ON EDUCATION FINANCE

1:00 PM – State Capitol – Room 4202

Budget Items To Be Heard:

· ***Department of Mental Health (Budget Item 4440)

· ***Department of Education – Issue: AB 3632 special education mental health services mandate proposal

Upon Adjournment of the Joint Hearing – continuation of Budget items To Be Heard:

· ***Department of Mental Health (Budget item 4440)

· Department of Alcohol and Drug Programs

CDCAN COMMENT: Governor is proposing nearly $900 million shift of funds from Proposition 63 Mental Health Services Act fund balance to pay for 3 mental health programs currently funded by State general fund money: Medi-Cal mental health managed care services; AB 3632 special education mental health services mandate and Early, Periodic, Screening, Diagnosis Treatment (EPSDT) program during the 2011-2012 State Budget year. Governor proposes funding those three programs in the 2012-2012 State Budget year by a dedicated funding source and replacing the money taken from Proposition 63.

CDCAN ACTION ALERT: YES

PRIORITY: VERY HIGH



JANUARY 27, 2011 - THURSDAY

SENATE BUDGET SUBCOMMITTEE #3 ON HEALTH AND HUMAN SERVICES

09:30 AM or Upon Adjournment of Senate Floor Session – State Capitol – Room 4203

Budget Items To Be Heard:

· ***Department of Social Services (Budget Item 5180) – CalWORKS Program, CalFresh and Office of Systems Integration

CDCAN COMMENT: Budget subcommittee staff is estimating that the length of this hearing will be about 4 hours. Governor is proposing over $1.5 billion reductions in State general fund spending to the CalWORKS program – the State’s “welfare to work” program, including a narrowing of eligibility 13% reduction in the maximum grants. The Assembly Budget Subcommittee is holding its hearing on these issues on February 2.

PRIORITY: VERY HIGH



JANUARY 27, 2011 - THURSDAY

ASSEMBLY BUDGET SUBCOMMITTEE #1 ON HEALTH AND HUMAN SERVICES

1:00 PM – State Capitol – Room 4202

Budget Items To Be Heard:

Department of Social Services (Budget Item 5180)

· ***Child Welfare Services

· ***Foster Care

· ***In–Home Supportive Services

· ***SSI/SSP

· ***Adult Protective Services

CDCAN COMMENT: The Senate Budget Subcommittee on Health and Human Services is hearing the IHSS and SSI/SSP budget issues on February 3rd. The Governor is proposing over $500 million cut in State general fund spending to the IHSS program including additional 8.4% permanent across the board cut in hours for all persons receiving IHSS (on top of existing 3.6% cut that is due to go into effect February 1, 2011); doctor’s certification that person applying for IHSS or already in the program is “at risk” of being institutionalized as a new eligibility requirement for the program; elimination of domestic and related services for children under age of 18 who live at home and for persons living in a “shared living arrangement”. Governor proposing elimination of state funding for IHSS Advisory Committees. Governor also proposing cutting SSI/SSP (and presumably Cash Assistance Program for Immigrants grants) to lowest level allowed by federal government (from $845 per month to $830 per month). Governor is proposing to shift State responsibility of adult protective services to the counties.

CDCAN ACTION ALERT: YES. A rally – organized by the United Domestic Workers (UDW) is planned at the State Capitol North Steps (facing L Street) from 10:00 AM to 5 PM. See separate CDCAN Action Alert and Report on this event.

PRIORITY: VERY HIGH





VERY URGENT!!!!!

PLEASE HELP CDCAN CONTINUE ITS WORK!!!

JANUARY 25, 2011 – 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 CALIFORNIA ASSOCIATION OF ADULT DAY HEALTH CENTERS, VENTURA COUNTY AUTISM SOCIETY, RESPITE, INC., LOS ANGELES RESIDENTIAL COMMUNITY SERVING DEVELOPMENTALLY DISABLED ADULTS LARC RANCH, FEAT OF SACRAMENTO, EASTER SEALS OF SOUTHERN CALIFORNIA, EMMANUEL AND FAMILY, MICHAEL DIMMITT, PEOPLE FIRST OF SAN LUIS OBISPO, BOB BENSON, the Pacific Homecare Services, Toward Maximum Independence, Inc (TMI), Friends of Children with Special Needs, Southside Arts Center, San Francisco Bay Area Autism Society of America, Hope Services in San Jose, FEAT of Sacramento (Families for Early Autism Treatment), Sacramento Gray Panthers, Bill Wong, Tri-Counties Regional Center, Life Steps, Parents Helping Parents, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Training Toward Self Reliance, 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.







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We need as many people as can go

CDCAN ACTION ALERT

California Disability Community Action Network

To reply to this email: MARTY OMOTO – martyomoto@rcip.com

CDCAN website: www.cdcan.us

ED ROBERTS DAY – JANUARY 23, 2011



January 20, 2011 - Thursday



CRITICAL HEALTH & HUMAN SERVICES BUDGET SUBCOMMITTEE HEARINGS AT STATE CAPITOL



WHEN: Beginning January 26th through second week of February (and possibly beyond that) – see schedule below



WHAT BUDGET ISSUES WILL BE HEARD:

· On different hearing days at the State Capitol (see below for schedule) the Senate and Assembly Budget Subcommittees on Health and Human Services will hear from the Jerry Brown Administration about the Governor’s proposed major and permanent spending cuts including Medi-Cal, developmental services (regional centers), In-Home Supportive Services (IHSS), SSI/SSP, Healthy Families, CalWORKS, Mental Health and more.

· These are cuts – if enacted – that will impact directly millions of Californians including hundreds of thousands of children and adults with disabilities, mental health needs, the blind, seniors, their families, and community organizations, facilities and workers. These cuts are being proposed by the Governor to help close a over $25 billion budget deficit – and ongoing shortfalls of over $20 billion projected each year through at least 2016 unless some type of permanent actions are taken regarding revenues and spending.

· The Governor is also proposing a 5 year extension of existing temporary tax increases originally enacted in February 2009 and set to expire this year, to be placed on a special election ballot in June. If approved by voters it would avoid deep cuts to K-12 education and local government – but also assumes that cuts to health and human services (and to higher education) as proposed by the Governor would have been approved by the Legislature and enacted. That means the passage of the proposed extension of temporary tax increases would NOT off-set any of the health and human services (and higher education) cuts being proposed by the Governor. However defeat of a tax increase extension would mean deep cuts to K-12 education and possibly even deeper cuts to health and human services.



WILL PUBLIC TESTIMONY BE TAKEN?: Yes – very, very, very brief public comments (people who testify can also submit additional longer written comments - and people who can’t attend can send in their comments to the subcommittees – see address below) Please remember to be BRIEF – talking longer doesn’t mean people listen more – and more importantly talking longer means taking time away from someone else in line waiting to speak. A lot can be said in 30 to 45 seconds (think of commercials on radio and TV)



WHERE HEARINGS BE TELEVISED? Yes – on CalChannel and also webcasted live on their website at www.calchannel.com



WHO SHOULD GO: Anyone who can – these hearings will be likely the only time people can give public testimony before the Legislature takes final action on the Governor’s proposals – probably sometime in mid to late February. To make a real and lasting difference, people can and need to actively engage in advocacy and accountability with their own legislators who represent them throughout this process and beyond (see separate CDCAN Action Alert including some suggestions on how to frame issues



WHY SHOULD YOU GO: Decisions are made by those who show up – and are made especially by others when people don’t. The Governor proposed on January 10th major permanent spending cuts and fund shifting of over $12.5 billion – the bulk actual spending reductions to programs critical to people with disabilities, mental health needs, the blind, seniors, their families, and others; community organizations, facilities and workers who provide supports and services across the State.

However you should ALSO contact and engage on an on-going basis your own legislators who are elected to represent and help you as a constituent. CDCAN can help provide training tips based on CDCAN’s “Accountability With Action”. To find out more about this contact Marty Omoto at martyomoto@rcip.com



DO PEOPLE MAKE A DIFFERENCE SHOWING UP AT HEARINGS? A empty hearing room when important issues are being heard makes a tremendous difference. The presence of people impacted by proposed cuts helps to avoid that. An empty hearing room sends a very bad message. Beyond that, to be honest, people’s presence and testimony make only a small difference. But it can be an important one – just as an empty room sends an important message. In addition to that – it is a person’s continued advocacy in their own communities in their legislator’s district offices that ultimately will make the greatest difference. We must first act differently in our advocacy to make a difference now and in the future.



WHAT OTHER EVENTS ARE PLANNED? CDCAN is looking are working with others to plan – when it makes strategic sense as a tactic to do so – rallies and other protests. Also being planned are a series of on-going CDCAN Townhall Telemeetings, and local physical townhalls that CDCAN will organize with help from local agencies and other advocacy groups to connect people and communities together to fight proposals that are wrong and harm the rights of children and adults with disabilities, mental health needs, the deaf, blind, seniors, their families, community organizations, facilities, workers who provide supports, services and advocacy. We are one community threatened with multiple challenges that we must respond now to – and beyond this budget year.



LOGISTICS AT THE HEARINGS:

· There is a 24 hour public parking garage directly across from the State Capitol (10th and L Streets – enter on 10th Street).

· Accessible entrances into the State Capitol are from the North (facing L Street) and South (facing N Street) sides – and all entrances require everyone to go through a screening process similar to other public buildings – though not as difficult as airports.

· Public cafeterias on the 6th floor of the newer section of the State Capitol and the basement of the older section. ATM machines and public telephones also available in the basement of the older section

· Restrooms available on all floors of the State Capitol. Not all of the restrooms on every floor however are accessible. Restrooms on the first floor in the newer section of the Capitol are generally accessible.

· No protest signs are allowed into the building.

· Cameras and video cameras are allowed into the building – but no video taping or picture taking in the hearing room unless specifically authorized by the chair of the subcommittee or committee. Ask the security person in the room (called “sergeants”) how you can get permission. You can also write to the subcommittee or committee office for person before the hearing (which is the best way)

· To testify, (be very very very very brief) listen to the chair’s instructions. Normally people line up to speak. Sometimes the security (sergeants) or committee staff will have wireless microphones for people in the audience, including some in wheelchairs, to help speed up the process and allow more people time to speak.

· Always check with the subcommittee or committee office the day of the hearing before leaving your home to make SURE that the hearing is still on as scheduled. Last minute changes in dates, times and locations are common. CDCAN will issue reports when changes are announced – but it is still good to check with the committee office, especially if coming from a long distance.



CRITICAL HEARING DATES:

(see CDCAN Reports for more details on these and other hearings. To subscribe to these free reports, go to www.cdcan.us or send email to Marty Omoto at martyomoto@rcip.com )



AGING (Department of Aging programs)

WHAT THE GOVERNOR IS PROPOSING:

Governor is proposing the elimination of the entire MSSP (Multipurpose Senior Services Program) that has 41 sites serving over 11,000 Medi-Cal eligible seniors over the age of 65 who want to remain in their own homes but who would otherwise be placed in a institutional setting

HEARING DATES SCHEDULED ON THIS PROPOSAL:

· JAN 25 – TUESDAY - Assembly Budget Subcommittee #1 on Health & Human Services

· FEB 03 – THURSDAY - Senate Budget Subcommittee #3 on Health & Human Services

PRIORITY: VERY HIGH



CalWORKS

WHAT THE GOVERNOR IS PROPOSING:

Governor is proposing over $1.5 billion in State general fund cuts to CalWORKS – the State’s “welfare to work” program serving over 500,000 families including thousands of children and parents who have special needs, disabilities. Reductions proposed include 13% cut in maximum monthly grants; narrowing of eligibility.

HEARING DATES SCHEDULED ON THIS PROPOSAL:

· JAN 27 – THURSDAY - Senate Budget Subcommittee #3 on Health & Human Services

· FEB 02 – WEDNESDAY - Assembly Budget Subcommittee #1 on Health & Human Services



DEVELOPMENTAL SERVICES (Regional Centers and Developmental Centers)

WHAT THE GOVERNOR IS PROPOSING:

Governor is proposing $750 million in reductions in State general funding for developmental services for over 240,000 children and adults with developmental disabilities. Some of that amount – about $200 million is due to more federal money and fund shifts (both replacing the need for State general fund money). The remaining amount – over $530 million in State general funds or more would be achieved through reductions, including continuation of the existing 4.25% cut in payments to most regional center providers and regional center operations at least through June 30, 2012. How the other cuts would be achieved are not yet specified by the Governor, but could come from imposing accountability, transparency measures, and a statewide purchase of services standards, to be developed for Legislature approval in the coming months (the Legislature is likely to approve the proposed reduction amount with details to be presented to the Legislature in May or June for approval)

HEARING DATES SCHEDULED ON THIS PROPOSAL:

· FEB 03 – THURSDAY - Assembly Budget Subcommittee #1 on Health & Human Services, 1:00 PM, State Capitol, Room 4202

· FEB 10 – THURSDAY - Senate Budget Subcommittee #3 on Health & Human Services, Upon Adjournment of Senate Floor Session (about 10 AM or after), State Capitol, Room 4203

PRIORITY: VERY HIGH



HEALTHY FAMILIES PROGRAM

WHAT THE GOVERNOR IS PROPOSING:

HEARING DATES SCHEDULED ON THIS PROPOSAL:

· JAN 26 – WEDNESDAY - Senate Budget Subcommittee #3 on Health & Human Services

· FEB 01 – TUESDAY - Assembly Budget Subcommittee #1 on Health & Human Services



IN-HOME SUPPORTIVE SERVICES (IHSS)

WHAT THE GOVERNOR IS PROPOSING: Governor is proposing over $500 million in permanent cuts in State general fund spending to IHSS to take effect July 1, 2011 (or sometime after that) including additional 8.4% across the board cut in authorized hours for all IHSS recipients (on top of the existing 3.6% cut that goes into effect 2/1); required certification from a doctor that a person applying for or currently receiving IHSS is “at risk” of institulization in order to be eligible for IHSS (State says about 43,000 people will lose eligibility due to this requirement); elimination of domestic and related services for children under age of 18 living at home; elimination of domestic and related services for adults living with another person (a waive or exemption is proposed for this); elimination of all state funding for IHSS Advisory Committees

HEARING DATES SCHEDULED ON THIS PROPOSAL:

• JAN 27 – THURSDAY – Assembly Budget Subcommittee #1 on Health & Human Services, 1:00 PM, State Capitol, Room 4202 (SSI/SSP proposed cut is also on agenda)

• FEB 03 – THURSDAY - Senate Budget Subcommittee #3 on Health & Human Services, upon adjournment of Senate floor session – likely sometime after 10 AM, State Capitol, Room 4203. SSI/SSP proposed cut is also on agenda, along with Department of Aging (including proposed elimination of the Multipurpose Senior Services Program)

PRIORITY: VERY HIGH



MEDI-CAL

WHAT THE GOVERNOR IS PROPOSING: Governor is proposing over $1.7 billion cuts to the Medi-Cal program that serves 7.7 million Californians – about 1.7 million children and adults with disabilities, the blind and seniors. Cuts proposed include elimination of Adult Day Health Care services that serves over 27,000 adults with disabilities and seniors by over 300 providers across the State; yearly caps or limits on certain services including durable medical equipment, hearing aids, wound care supplies, incontinence supplies, doctor visits; co-payments for emergency room visits and hospital stay ($200 maximum).

HEARING DATES SCHEDULED ON THIS PROPOSAL:

· JAN 26 – WEDNESDAY - Senate Budget Subcommittee #3 on Health & Human Services

· FEB 01 – TUESDAY - Assembly Budget Subcommittee #1 on Health & Human Services

PRIORITY: VERY HIGH



MENTAL HEALTH

WHAT THE GOVERNOR IS PROPOSING: Governor is proposing shifting for one year about $900 million from the Mental Health Services Act (Proposition 63) in the 2011-2012 State budget year that begins July 1, 2011 to replace State general funding for 3 existing mental health programs: EPSDT (Early, Periodic, Screening, Diagnosis and Treatment program); Medi-Cal Mental Health Managed Care services; and AB 3632 Mental Health Services for Special Education Students. Governor proposes other dedicated funding to pay for those 3 programs after 2011-2012.

HEARING DATES SCHEDULED ON THIS PROPOSAL:

· ·JAN 26 - WEDNESDAY - Assembly Budget Subcommittee #1 on Health & Human Services (joint hearing with Assembly Budget Subcommittee #2 on Education Finance on AB 3632 mental health special education mandate proposal), 1:00 PM, State Capitol, Room 4202

· FEB 01- TUESDAY - Senate Budget Subcommittee #3 on Health & Human Services, 1:00 PM, State Capitol, Room 4203



SSI/SSP

WHAT THE GOVERNOR IS PROPOSING: Governor is proposing cutting the individual Supplemental Security Income/State Supplemental Payment maximum grants from $845 to $830 per month – the lowest amount allowed by the federal government (grants to couples were reduced last year to the lowest amount allowed by the federal government). In past years, proposals to cut SSI/SSP also impacted grants in the Cash Assistance Program for Immigrants (CAPI) for legal immigrants with disabilities, the blind and low income seniors who do not qualify for SSI/SSP.

HEARING DATES SCHEDULED ON THIS PROPOSAL:

· JAN 27 – THURSDAY – Assembly Budget Subcommittee #1 on Health & Human Services, 1:00 PM, State Capitol, Room 4202 (IHSS is also on agenda)

· FEB 03 – THURSDAY - Senate Budget Subcommittee #3 on Health & Human Services, upon adjournment of Senate floor session – likely sometime after 10 AM, State Capitol, Room 4203. IHSS is also on agenda, along with Department of Aging (including proposed elimination of the Multipurpose Senior Services Program)



ASSEMBLY BUDGET SUBCOMMITEE #1 ON HEALTH AND HUMAN SERVICES MEMBERS

Chair: Assemblymember Holly Mitchell (Democrat – Los Angeles)

Democratic Members (3): Wes Chesbro, Holly Mitchell (chair), and Bill Monning Democratic alternate: Bob Blumenfield

Republican Members (2): Kevin Jefferies, and Allan Mansoor. Republican alternate: Jim Nielsen

SUBCOMMITTEE OFFICE INFO (same as the full Senate Budget & Fiscal Review Committee)

PHONE: 916-319-2099

OFFICE ADDRESS (TO SEND COMMENTS):

Assembly Budget Subcommittee #1 on Health & Human Services

State Capitol – Room 6026

Sacramento, CA 95814

TO SEND COMMENTS TO INDIVIDUAL SUBCOMMITTEE MEMEBRS:

Name of Assemblymember

State Capitol

Sacramento, CA 95814



SENATE BUDGET SUBCOMMITTEE #3 ON HEALTH AND HUMAN SERVICES MEMBERS

Chair: Sen. Mark DeSaulnier (Democrat – Walnut Creek)

Democratic Members (2): Elaine Alquist, and Mark DeSaulnier

Republican Member (1): Bill Emmerson

SUBCOMMITTEE OFFICE INFO (same as the full Senate Budget & Fiscal Review Committee)

PHONE: 916-651-4103

OFFICE ADDRESS (TO SEND COMMENTS):

Senate Budget Subcommittee #3 on Health & Human Services

State Capitol – Room 5019

Sacramento, CA 95814

TO SEND COMMENTS TO INDIVIDUAL SUBCOMMITTEE MEMEBRS:

Name of Senator

State Capitol

Sacramento, CA 95814



VERY URGENT!!!!!

PLEASE HELP CDCAN CONTINUE ITS WORK!!!

JANUARY 20, 2011 – 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 CALIFORNIA ASSOCIATION OF ADULT DAY HEALTH CENTERS, VENTURA COUNTY AUTISM SOCIETY, RESPITE, INC., LOS ANGELES RESIDENTIAL COMMUNITY SERVING DEVELOPMENTALLY DISABLED ADULTS LARC RANCH, FEAT OF SACRAMENTO, EASTER SEALS OF SOUTHERN CALIFORNIA, EMMANUEL AND FAMILY, MICHAEL DIMMITT, PEOPLE FIRST OF SAN LUIS OBISPO, BOB BENSON, the Pacific Homecare Services, Toward Maximum Independence, Inc (TMI), Friends of Children with Special Needs, Southside Arts Center, San Francisco Bay Area Autism Society of America, Hope Services in San Jose, FEAT of Sacramento (Families for Early Autism Treatment), Sacramento Gray Panthers, Bill Wong, Tri-Counties Regional Center, Life Steps, Parents Helping Parents, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Training Toward Self Reliance, 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.