Benfits Restore

Good news for disabled people in state Most of the benifits that was cu
in 2009 must be restore. Here the email.

CDCAN DISABILITY RIGHTS REPORT

#199-2010 – OCTOBER 22, 2010 – FRIDAY

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’s 33 Page Ruling on Medi-Cal Optional Benefits Case – Could Impact Over 1 Million People

State Says It Will Comply – Not Clear if Judge’s Order Only Covers Rural Health Clinics Or If Other Eliminated Benefits Not Specifically Mentioned In Judge’s Order Are Also Temporarily Restored



SACRAMENTO, CALIF (CDCAN) [Updated 10/22/2010 02:50 PM (Pacific Time)] - Attached to this report is the 33 page ruling by Federal District Court Judge Frank Damrell in the California Association of Rural Health Clinics, et al v. Maxwell-Jolly, et al. that says the State needs to obtain approval first from the federal government before it eliminates Medi-Cal optional benefits. It is not entirely clear from the Judge’s order if his ruling covers the other eliminated benefits (one of which – optometry – was previously reinstated by the State in July) or just the three specific benefits he listed in his order (podiatry, chiropractic services and adult dental).



His ruling however referred to the entire section of the California Welfare and Institutions Code that listed all of the eliminated benefits. [CDCAN Note: Maxwell-Jolly is the director of the Department of Health Care Services – the state agency that oversees California’s Medicaid – called “Medi-Cal” program]



Judge Damrell hwoever rejected the argument that the State could not eliminate the optional benefits – saying those benefits were in fact optional and not required by the federal government or that the elimination violated federal Medicaid laws in terms of reimbursements to rural health clinic providers – which was the main contention of their lawsuit.



The lawsuit was filed March 30, 2010 by Murphy, Austin, Adams, Schoenfeld LLP, a Sacramento based legal firm. Kathryn Doi is the attorney working on the case. [CDCAN Note: The 33 page decision is attached as a pdf file titled “20101020-FederalJudgesOrder-CaliforniaAssociationOfRuralHealthClincs.pdf” The file is a scanned as a document – not as an image, so people with sight impairments using screen readers should be able to read it. For earlier CDCAN Report on this issue with additional details, see CDCAN Report #198-2010]



As reported in CDCAN Report #198-2010, Judge Damrell on Wednesday (October 20) ruled that the State of California could not eliminate certain Medi-Cal optional benefits without approval by the federal government. The Judge wrote in his ruling that the State is enjoined (or stopped) “…further implementation of [California Welfare and Institutions Code Section] 14131.10 with respect to the subject adult dental, podiatry and chiropractic services until the State's SPA [Medicaid State Plan Amendment] is approved by CMS [federal Centers on Medicare and Medicaid Services].”



The Judge, in his October 20th ruling, noted that the Department of Health Care Services did submit an amendment to its Medicaid State Plan for approval by the federal government. Federal law says that the Centers on Medicare and Medicaid Services (CMS) may approve or disapprove of the proposed amendment – or it may request that the state provide more information before it makes a decision. If the federal Centers on Medicare and Medicaid Services fails to act upon the submitted proposed State plan amendment within 90 days, the amendment is considered approved. However, a request for more information from the federal government to the state stops the 90 day clock.

In his October 20th ruling, Judge Damrell wrote that



Judge Damrell in his ruling noted that while the Department of Health Care Services did submit the proposed state plan amendment on June 30, 2009 that eliminated the 9 Medi-Cal optional benefits, “…On October 22, 2009, CMS [Centers on Medicare and Medicaid Services] advised DHCS [Department of Health Care Services] that the proposed SPA [Medicaid state plan amendment] was not approvable as drafted and requested additional information…To date, no SPA [Medicaid state plan amendment] has yet been approved excluding coverage of any of the Medicaid benefits…”



State Says It Will Comply

The Department of Health Care Services, through a spokesman, indicated it would comply with the Judge’s ruling and begin reimbursements for those services to the clinics and noted that the Schwarzenegger Administration would be seeking approval from the federal government, for the elimination of those benefits. No official announcement has been posted on the department’s website yet on the court ruling.



As previously reported the Governor proposed and the Legislature approved in February 2009, as part of the 2009-2010 State Budget passed four months early, the permanent elimination of 9 Medi-Cal “optional benefits” for adults, with certain exceptions (including adults living in intermediate care facilities, nursing facilities and certain other exceptions). Medi-Cal optional benefits for children 21 years or younger were not impacted. The benefits are called “optional” because the federal government does not require the states to provide that specific service and several others as part of their Medicaid program.



Lawsuit Contended That State Needs To Receive Federal Approval First

The Judge’s ruling was a partial – and temporary – victory for the California Association of Rural Health Clinics – and thousands of people with disabilities, the blind, mental health needs and seniors who are Medi-Cal recipients and used or need the Medi-Cal optional benefits that were eliminated in 2009.



The California Association of Rural Health Clinics lawsuit alleged that the State was in violation of federal Medicaid laws, by eliminating the 9 optional benefits, and a second contention that any such elimination required first approval by the federal government (through an amendment to the State’s Medicaid Plan).



Judge Damrell rejected the argument that the State could not eliminate the optional benefits – saying those benefits were in fact optional and not required by the federal government or that the elimination violated federal Medicaid laws in terms of reimbursements to rural health clinic providers – which was the main contention of their lawsuit.



The Judge however agreed with the rural clinics contention that before a optional benefit could be eliminated, the State first had to receive approval from the federal government – which means, if and when the federal government gives approval, then those benefits could be eliminated.



A different lawsuit to block the elimination of the 9 Medi-Cal optional benefits for adults was filed in federal court in August 2009 by the Novato-based Medicaid Defense Fund headed by 82 year old attorney Lynn Carman, but was unsuccessful. That lawsuit was centered on the State’s compliance of the provisions of the federal American Recovery and Reinvestment Act (ARRA). The Medicaid Defense Fund was successful in 2008 in stopping many of the cuts to Medi-Cal providers, which the US Supreme Court is now considering an appeal by the State to take up the case.



What the Judge’s October 20th Ruling Means

· At least temporarily until the State receives approval for the elimination of the optional benefits – those benefits, or at least the ones mentioned in the Judge’s order (see below) are restored – and that Medi-Cal rural community clinics at least would be reimbursed for those services.

· It was not clear if other Medi-Cal providers would be covered under the Judge’s ruling or if the other Medi-Cal optional benefits that were eliminated in 2009 are also temporarily restored – at least temporarily. The Judge’s order however references the entire section that lists all 9 eliminated optional benefits.

· It is not clear yet how long it will take for the federal government to give its approval – and what (if any) transition would take place between that approval and the restoration of the eliminated benefits (meaning would there be a specific future date when the optional benefits – once approval is received from the federal government – would again be eliminated with no provider reimbursement).

· It is not clear how the 21 non-profit regional centers who coordinate services and supports to over 240,000 children and adults with developmental disabilities will be impacted by the federal district court Judge’s ruling. The regional centers, under the 2009-2010 State Budget, are supposed to provide those lost optional benefit services through a person’s “individual program plan” or IPP.

· CDCAN NOTE: To find out if the Judge’s order includes the other eliminated benefits and if it includes other Medi-Cal providers, CDCAN suggests that you contact your own legislator (Assembly and State Senator) and ask them to find out for you.





VERY URGENT!!!!!

PLEASE HELP CDCAN CONTINUE ITS WORK!!!

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



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



CDCAN

1225 8th Street Suite 480 - Sacramento, CA 95814

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



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







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Meeting by phone Oct 21

There will be a meeting by phone om Oct 21 at 1:00pm Here the email.

CDCAN DISABILITY RIGHTS REPORT

#193-2010 – OCTOBER 12, 2010 – TUESDAY

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

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





California Budget Crisis:

Rescheduled: CDCAN Townhall Telemeeting With Department of Developmental Services Set for October 21st 1 to 3 PM Featuring Director Terri Delgadillo

Townhall Telemeeting Held Today Interrupted by Conferencing Provider Nationwide Technical Problem – Hundreds Were Participating



SACRAMENTO, CALIF (CDCAN) [Updated 10/12/2010 03:09 PM (Pacific Time)] -

The CDCAN Townhall Telemeeting held this afternoon that focused on regional centers and developmental centers featuring an update from Terri Delgadillo, director of the Department of Developmental Services, was interrupted by a major technical problem by the conferencing provider that disconnected hundreds of people, including the speakers, but will be rescheduled for October 21, Thursday afternoon from 1:00 to 3:00 PM.



Before the glitch was fixed – which impacted many other conference calls besides the CDCAN Townhall Telemeeting, a decision was made by CDCAN to reschedule the townhall because hundreds who were still unable to get connected.



Today’s townhall (and the rescheduled event next week) featured and will feature again, Terri Delgadillo, director of the Department of Developmental Services, and other senior department officials, to provide updates on on regional center and developmental center related issues, including information on the impact of the recently enacted long delayed 2010-2011 State Budget, impact and update of last year’s on-going reductions, and impact of any recently enacted legislation.



Today’s CDCAN Townhall Telemeeting before it was interrupted, had drawn an enormous audience of hundreds of people across the state (the last townhall telemeeting featuring Terri Delgadillo with an update on budget reductions and proposals last March drew well over 700 people from across the state).



Advocates across the state have expressed deep concern about the impact of on-going budget reductions from last year – the impact of implementation of new cuts and funding changes that they fear will have a growing and devastating impact on the lives of people with developmental disabilities, workers, community organizations over the next few months and in the coming year.



Delgadillo, who has participated in several CDCAN Townhall Telemeetings over the past several years and has been well received by audiences, will also answer questions from the general audience, time permitting.



RESCHEDULED - CDCAN TOWNHALL TELEMEETING

WHEN: October 21, 2010 – Thursday afternoon from 1 PM to 3 PM

TOLL FREE NUMBER TO PARTICIPATE: 877-844-6052

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

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



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

The second half of the October 21st CDCAN Townhall Telemeeting will focus on the growing problems impacting people with developmental disabilities (and also other disabilities and mental health needs) living in their own homes, who, advocates say, are often viewed by many policymakers and the general public and media, as not seriously impacted by a loss or reduction of supports and services. Some advocates say those persons are often viewed as “less needy”.



This second half of the CDCAN Townhall Telemeeting will include a panel, with questions and answers from the audience.



CDCAN Townhalls First Held in Mid-2003

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



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



Other CDCAN Townhall Telemeetings, focusing on Medi-Cal (including the Section 1115 Waiver), In-Home Supportive Services (including policy changes related to unannounced home visits, provider enrollment, etc), housing, transportation, special education, are planned contingent on resources and funding.





VERY URGENT!!!!!

PLEASE HELP CDCAN CONTINUE ITS WORK!!!

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



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



CDCAN

1225 8th Street Suite 480 - Sacramento, CA 95814

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



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

We have a budget

In the of CA we now have an Budgets. I will get right to the email.

CDCAN DISABILITY RIGHTS REPORT

#186-2010 – OCTOBER 8, 2010 – EARLY FRIDAY AM

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

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





California Budget Crisis:

STATE SENATE PASSES BUDGET BILL - HEADS NEXT TO GOVERNOR

Action Follows Assembly Approval of the Bill Earlier This Evening – Senate Still In Session To Finish Action On Several Budget Related Bills – Assembly Adjourned Earlier



SACRAMENTO, CALIF (CDCAN) [Updated 10/08/2010 07:14 AM (Pacific Time)] – After an all night session that began Thursday morning and went through the night and the early morning hours of Friday, the State Senate finally mustered enough votes to pass SB 870 , the bill that contains the long delayed 2010-2011 State Budget. The final vote, which was taken early Friday morning at 7:13 AM by a vote of 27 to 9.



As previously reported, the Assembly passed the budget bill over 12 hours earlier, late Thursday afternoon by a vote of 54 to 1.



Budget Bill Heads To Governor – Could Sign Later Today or Saturday

The main budget bill now heads to Governor Arnold Schwarzenegger who could sign the bill as early sometime today or Saturday that will end the over three month budget delay and crisis. However another crisis looms as the State will face enormous budget deficits in the coming months when the new governor taking office in January will have to submit a new budget for 2011-2012.



The Governor will sign the other budget related bills – about 15 to 20 other bills, probably in the next week, once the State Senate has finished today giving those bills final approval. Those bills include changes in state law to implement various cuts and other policy changes ,



Assembly Adjourns Session After Passing Budget Related Bills

The Assembly adjourned at 6:18 AM, Friday morning, after it completed voting on all budget related bills that the State Senate was able to pass Thursday evening and in the early morning hours of Friday.



The Assembly approved several other budget related bills that still requires the State Senate to pass. The Assembly is not expected to return in session until the first week of December, when newly elected members take office.



Senate Still In Session To Finish Up Work on Other Budget Related Bills

The State Senate remains in session to finish up taking final votes on several key budget related bills – which the Assembly already passed. Those bills – referred to as “budget trailer bills” because they follow or trail the main budget bill (in this case, SB 870), make the necessary changes in existing State law in order to implement the cuts or other policy changes in the main budget bill.



Still awaiting final action are several budget trailer bills dealing with health, including regional centers and developmental centers, Medi-Cal and mental health, is still “on call” in the State Senate.



State Senate Democrats Had Harder Time Rounding Up Needed Votes

As reported earlier, complicating things for Senate Democrats was the absence of Sen. Jenny Oropeza (Democrat – Long Beach) and Sen. Patricia Wiggins (Democrat – Santa Rosa) who were not able to attend the floor session due to health reasons, which meant that Democrats needed two more votes from Senate Republicans to pass the budget.



In addition, one lone Senate Democrat, Sen. Leland Yee (Democrat – San Francisco), refused to support the budget and also voted against nearly all of the other budget trailer bills.



CDCAN VOTE RECORD ON SB 870

Senate Floor Vote 10/08/10: Passed

VOTING YES – 27 TOTAL

Democrats (22): Alquist, Ron Calderon, Cedillo, Corbett, Correa, DeSaulnier, Ducheny, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal, Negrete-McLeod, Padilla, Pavley, Price, Romero, Simitian, Steinberg (Senate President Pro Tem), Wolk, and Wright

Republicans (5): Ashburn, Dutton, Emmerson, Harman, Hollingsworth (Senate Republican Leader)

VOTING NO – 09 TOTAL

Democrats (1): Yee

Republicans (8): Blakeslee, Cogdill, Denham, Huff, Runner, Tony Strickland, Walters, and Wyland.

ABSENT OR NOT VOTING – 3 TOTAL

Democrats (2): Oropeza and Wiggins

Republicans (1): Aanestad

One vacancy





VERY URGENT!!!!!

PLEASE HELP CDCAN CONTINUE ITS WORK!!!

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



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



CDCAN

1225 8th Street Suite 480 - Sacramento, CA 95814

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



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

Disabled budsget cut

The disabled commuily is going to be impace by this new budgets. All
program will be hit heards, the follow email talk about the cuts.
CDCAN DISABILITY RIGHTS REPORT

#183-2010 – OCTOBER 7, 2010 – EARLY THURSDAY AM

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

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





California Budget Crisis:

AB 1613 - Health Budget Trailer Bill Contains Nursing Home Quality Assurance Fee, Regional Center & Developmental Center Budget Cuts and Changes

4.25% Cut to Most Regional Center Providers Will Be Retroactive to July 1, 2010 through June 30, 2011



SACRAMENTO, CALIF (CDCAN) [Updated 10/07/2010 6:40 AM (Pacific Time)] – Details on the reductions in the budget agreement to be voted today by the Assembly and State Senate impacting health programs were released early this morning in a budget related (trailer) bill – AB 1613 as amended 10/6/2010. [A pdf copy of the 187 page bill, AB 1613, titled “20101006-AB1613(AsAmended10062010.pdf”, is attached to this report and can be downloaded also from the CDCAN website at www.cdcan.us - apologize for the huge size of the bill – but it is important that people have this to review – Marty Omoto, CDCAN]



This particular budget “trailer” bill [called that because it makes necessary changes in state law to implement the main budget bill, which is signed first – which it follows or trails] also includes provisions dealing with regional centers and developmental centers, Medi-Cal, nursing homes quality assurance fee, Healthy Families and mental health. [This report focuses on regional centers and developmental centers - see separate CDCAN Report covering the other health issues. See CDCAN Report $182-2010 for details on AB 1612, the budget trailer bill focusing on human services including In-Home Supportive Services]



The Assembly and State Senate are scheduled to begin meeting at 11:00 AM this morning (October 7) for debate and final vote on the budget agreement reached by the Governor and the four Democratic and Republican legislative leaders. Most observers expect a long debate on agreement – though it appears there are the votes necessary to pass the spending plan.



Legislative officials said that the budget agreement will be contained in 20 separate bills (including the main budget bill) and 1 constitutional amendment (containing budget reforms proposed by the Governor that would appear on the ballot for voter approval in 2012). AB 1613 (health) and AB 1612 (human services including IHSS, CalWORKS) are just two of those 20 budget related bills.



DETAILS OF CUTS AND OTHER CHANGES IMPACTING REGIONAL CENTERS AND DEVELOPMENTAL CENTERS

The following is CDCAN summary of details regarding the reductions and other changes in the budget agreement as contained in the budget trailer bill, AB 1613 as amended 10/06/2010:



4.25% Cut To Most Regional Center Providers

* Requires the 21 non-profit regional centers to reduce payments to most regional center providers by 4.25% from July 1, 2010 to June 30, 2011, unless the regional center demonstrates that a non-reduced payment is necessary to protect the health and safety of the individual for whom the services and supports are proposed to be purchased, and the Department of Developmental Services has granted prior written approval for that exemption.

* Regional centers shall not reduce payments (continues existing State law that applied to the existing 3% payment reduction to most regional center providers) for the following: (1) Supported employment services with rates set by Section 4860 of the Welfare and Institutions Code (20 Services with “usual and customary” rates established pursuant to Section 57210 of Title 17 of the California Code of Regulations, (3) Payments to offset reductions in Supplemental Security Income/State Supplementary Payment (SSI/SSP) benefits for consumers receiving supported and independent living services.

* Would, between July 1, 2010 and June 30, 2011, subject to certain conditions, permit a regional center, for providers who are subject to the 4.25% payment reduction, with certain exceptions, to temporarily modify personnel requirements, functions, or qualifications, or staff training requirements.

* Would, from July 1, 2010, to June 30, 2011, suspend the required annual review and reporting requirements that are imposed on providers whose payment is reduced by 4.25%

* CDCAN Note: No mention is made of continuation of reduction to regional center operations.



Lanterman Developmental Center Closure and Transition

· Extends many of the above-described provisions concerning the closure of the Agnews Developmental Center to the Lanterman Developmental Center.

· Provides that for the Lanterman Developmental Center, the use of department state employees is in effect for up to 2 years following the transfer of the last resident of Lanterman Developmental Center.

· Requires the Department of Developmental Services to prepare a report on the use of the department’s state employees in providing services in the community to assist in the orderly closures of Agnews Developmental Center and Lanterman Developmental Center.

· Require sthe report to be submitted with the Governor’s proposed state budget for the 2012–2013 fiscal year to the budget committees of both houses of the Legislature and annually thereafter.



Adequate Notice Of Change of Service In Individual Program Plan (IPP)

· Existing California law requires a service agency, which is defined as a developmental center or regional center that receives state funds to provide services to persons with developmental disabilities, to provide adequate notice, to an applicant for, or recipient of, services from the service agency, and to the applicant’s or recipient’s authorized representative, if any, prior to the agency making a decision without the mutual consent of the service recipient or authorized representative to reduce, terminate, or change services set forth in an Individual Program Plan (IPP) or prior to a recipient being determined to be no longer eligible for agency services.

· This bill requires the notice to inform the recipient and authorized representative of whether or not the individual is eligible for an exemption or exception to the action the service agency proposes to take, and the specific law supporting the exemption or exception.



Adult Residential Facilities for Persons With Special Health Care Needs (ARFPSHN)

· Existing California law, until January 1, 2011, authorizes the Department of Social Services and the Department of Developmental Services, to jointly establish and administer a pilot project for licensing and regulating Adult Residential Facilities for Persons with Special Health Care Needs (ARFPSHN), to the extent that funds are appropriated in the state budget.

· Existing state law authorizes the Department of Social Services to, subject to certain conditions, license an ARFPSHN to provide 24-hour services to up to 5 adults with developmental disabilities who have special health care and intensive support needs.

· This bill would indefinitely extend the duration of the above-described program and would make conforming changes. This bill would impose a state-mandated local program by changing the definition of crimes provided for under the California Community Care Facilities Act.

· Existing state law provides that an ARFPSHN may be established in a facility financed under certain provisions under which the Department of Developmental Services approves a regional center proposal to provide for housing for persons eligible for regional center services.

· This bill would, instead, require that an ARFPSHN may only be established in a facility approved by the Department of Developmental Services to provide for housing for persons eligible for regional center services or through an approved regional center community placement plan.

· Also provides that the Department of Developmental Services shall only approve the development of ARFPSHNs that are directly associated with the orderly closure of the Lanterman Developmental Center.

· Existing state law prohibits a regional center from paying a rate to any ARFPSHN for any consumer that exceeds the average annual cost of serving a consumer at Agnews Developmental Center, as determined by the Department of Developmental Services.

· This bill would prohibit a regional center from paying a rate to any ARFPSHN for any consumer that exceeds the rate in the Department of Developmental Services approved community placement plan for that facility unless the regional center demonstrates that a higher rate is necessary to protect a consumer’s health and safety and the department has granted prior written authorization.



Private Health Insurance

· Under state existing law, an entity providing private health care coverage is required to respond to inquiries of, and agree not to deny claims submitted by, the state, in connection with the provision of a health care item or service.

· Existing state law requires a claim for payment to be made within 3 years after provision of the relevant health care item or service.

· AB 1613 would extend the above requirements imposed upon an entity providing private health care coverage to include inquiries and claims submitted by providers, as defined.



Intermediate Care Facilities (ICFs)

· AB 1613, with this specific provision effective July 1, 2007, would require certain types of licensed intermediate care facilities for persons with developmental disabilities (ICF-DDs), to be responsible for providing day treatment and transportation services that are selected and authorized through an Individual Program Plan (IPP), for each person receiving those services who resides in that licensed ICF-DD.

· AB 1613 would require the regional centers to arrange the day treatment and transportation services and would require the licensed ICF-DDs to reimburse the regional center for the full costs of making disbursements to day treatment and transportation service providers.

· Requires the Department of Developmental Services to be responsible for reimbursing a licensed ICF-DD for the costs of reimbursing the regional center for the full cost of making disbursements for day treatment and transportation services, plus a coordination fee which will include an administrative fee and reimbursement for increased costs associated with the quality assurance fee.

· This bill (AB 1613), with these provisions effective July 1, 2007, would authorize the Department of Developmental Services to make a supplemental payment to an enrolled Medi-Cal provider that is a licensed ICF-DD for day treatment and transportation services provided to persons receiving Medi-Cal residing in the ICF-DDs.

· Require the Department of Developmental Services to amend the regional center contracts for the 2007–2008 State budget year to extend the contract liquidation period until June 30, 2011.

· Requires the Department of Health Care Services to request approval from the federal Centers for Medicare and Medicaid Services for the implementation of these provisions.

· Provides that if after seeking federal approval, federal approval is not obtained or federal financial participation is no longer available, these provisions shall not be implemented or shall become inoperative.

· AB 1613 and these provisions would provide that due to a change in the availability of federal funding that addresses the ability of California to capture additional federal financial participation for day treatment and transportation services provided to a person receiving Medi-Cal residing in a licensed ICF-DD, certain funds appropriated in the Budget Act of 2007 shall be available for liquidation until June 30, 2011, which would extend the term for which existing appropriation is available, making an appropriation.

· Existing State law requires that, as a condition of participation in the Medi-Cal program, there be imposed a quality assurance fee each state fiscal year upon the entire gross receipts, as defined, of a designated intermediate care facilities. Existing state law requires that the fee be placed in the General Fund and allocated to intermediate care facilities to support their quality improvement efforts, and distributed to each facility based on the number of Medi-Cal patients at the eligible facility. Existing state law requires the department to seek federal approval for the implementation of the fee.

· AB 1613 would provide that upon approval of the above-described Medicaid state plan amendment authorizing reimbursement for day treatment and transportation services provided on or after July 1, 2007, the reimbursement payments made by the Department of Developmental Services to the ICF-DDs shall be subject to this quality assurance fee.





VERY URGENT!!!!!

PLEASE HELP CDCAN CONTINUE ITS WORK!!!

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



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



CDCAN

1225 8th Street Suite 480 - Sacramento, CA 95814

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



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











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Hearing on the budget

There is some good news on budget. Hearing will be taking place on an \
new budget. I got this email

CDCAN DISABILITY RIGHTS REPORT

#177-2010 – OCTOBER 5, 2010 – TUESDAY

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

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



California Budget Crisis:

Budget Conference Committee To Meet Wednesday at 1:30 PM – First Public Review of Budget Agreement

Vote On Long Delayed State Budget Scheduled for Thursday by Assembly and State Senate – Passage Is Expected As End of Budget Stalemate Nears



SACRAMENTO, CALIF (CDCAN) [Updated 10/05/2010 12:25 PM (Pacific Time)] - With California now 97 days without a state budget, the Budget Conference Committee, chaired by Sen. Denise Ducheny (Democrat – San Diego) will meet Wednesday at 1:30 PM, at the State Capitol in Room 4203, in the first public review of the budget deal to close the over $19 billion budget deficit agreed to by the Governor and four legislative leaders last week. The hearing will be televised and webcast live on CalChannel.



Hardcopy agendas for the Budget Conference Committee hearing will be available at both the Senate Budget and Fiscal Review Committee and Assembly Budget Committee offices in the State Capitol, on Wednesday morning at 09:00 AM. Limited number of copies will be available in the hearing room. At some point the agenda will be available on the Budget Conference Committee’s website, as early as late this evening or sometime tomorrow.



It is not certain what specifics will be discussed at the Budget Conference Committee hearing – though it is likely to provide an overview of the agreement. It is not certain what – if any – votes will be taken at this hearing, which technically is not required.

It is not likely that there will be public testimony, which normally is not allowed during any of the Budget Conference Committee hearings.



Debate and Final Vote on Budget Thursday

· Debate and final vote by both the Assembly and State Senate on the main budget bill is scheduled to begin Thursday (October 7) likely sometime in the morning.

· To pass the State budget, 2/3rds vote is required in both the 80 member Assembly (54 votes needed for approval) and the 40 member State Senate (27 votes needed to pass).

· The main budget bill is currently AB 190, [the exact bill number could change to another bill when the vote is actually taken] in addition to several budget related bills (no bill numbers yet). .

· Those bills are called budget “trailer bills” because they follow or trail the main budget bill. Budget trailer bills are critical because they contain necessary changes in existing state law to implement reductions or other policy changes that are in the main budget bill or are part of the overall budget agreement reached by the Governor and legislative leader. Use of the budget trailer bills have also been widely criticized in the last 10 years because often major policy changes are included without going through the normal legislative bill process covering several months.

· None of the bills have yet been amended officially that reflect the budget agreement reached by the Governor and four legislative leaders. That will likely not be available until late Wednesday afternoon or even Thursday morning at the earliest.



Passage of Budget Agreement Expected on Thursday

While there will likely be some glitches, especially in the area dealing with state employees, furloughs and pension reforms, passage of the budget agreement is expected. With the budget now over 3 months late, and voter approval of the California Legislature at a historic record low of 10%, and a pivotal general election just weeks away, members of both parties will not likely want to prolong the stalemate any longer.



In answering a question about whether the Legislature will approve the budget deal, Senate President Pro Tem Darrell Steinberg (Democrat – Sacramento) said that “…it’s a five party agreement, four legislative caucuses and the Governor. Once you cross that threshold and shake hands, you then work together to get the votes…”



Aaron McLear, spokesman for the Governor said yesterday that “..we expect it [the budget] to pass on Thursday. I am sure there will be some…[but] these are tough votes….”



SOME QUESTIONS & CDCAN ANSWERS ON THE BUDGET DEAL



Are there any new cuts or larger reductions in this agreement?

The total permanent spending cuts for the 2010-2011 State budget year agreed to last week by the “Big Five” nearly match what the State Senate and Assembly Democrats proposed in early August – and what the Budget Conference Committee – controlled by the Democrats – approved and reported out on August 6.

In August the Democrats approved reductions of nearly $7.2 billion for the 2010-2011 State budget year that began July 1, 2010 (and ends June 30, 2011). The latest budget agreement reached by the Governor and legislative leaders appears to have bumped up that total slightly – to about $7.5 billion.

While the difference between what the Democrats approved as cuts in August and what they reportedly agreed to as part of the budget deal might be small when compared to the overall State budget – it could possibly mean some additional or cuts to some programs and services that previously were rejected. The difference in the overall spending reduction number could also be attributed to more accurate information on actual and projected spending for 2010-2011.

One thing appears certain: the level of cuts won’t be LESS than what the Democrats approved in early August, and there could be some slight increases in certain cuts to some programs and services.



What other changes could be in the budget agreement that impacts services and programs for people with disabilities, mental health needs, seniors and low income families and workers and organizations?

Uncertain – though again in terms of changes to certain programs and services, what the Democrats approved in early August, are likely to be part of the final budget deal. What is not known yet if the Governor and legislative Republican leaders were successful in persuading Legislative Democratic leaders to include their proposals regarding felony convictions and other requirements for In-Home Supportive Services (IHSS) workers.



The media reports that the budget deal reduced spending in the 2010-2011 State Budget from $12 billion to about $7.2 billion. Is that true?

The Governor proposed in January and May 2010 spending reductions of about $12 billion – including outright elimination of programs and services and deep cuts that no one – not even Republicans – believed that the Democrats would ever consider approving.

To get a picture of what additional cuts were made or not made however, the real number to compare is the total spending cuts that the Assembly and State Senate Democrats DID agree on and approve (through the Budget Conference Committee that they control) in early August. In August, the total spending cuts approved by Democrats was close to $7.2 billion. The budget agreement reached last week reportedly contains cuts at about $7.5 billion.



Are there are any new taxes in the budget deal?

No.



When Will Be the Budget and Budget Related Bills Take Effect?

Immediately after the Governor signs the main budget bill – which could be as early as Friday or the weekend (assuming the Legislature passes the budget on Thursday as expected).

What is not clear yet is when certain cuts in the budget will take effect – such as the additional reduction in payments to most regional center providers and regional center operations.

Normally those cuts would take effect at the start of the budget year – July 1st, but with the budget over three months late, many advocates for people with disabilities, mental health needs, seniors, low income families and workers and others are deeply worried about the impact of cuts that are made retroactive covering such a long time period. Many providers who have struggled to meet costs after payments from the State were stopped due to the budget delay – including taking out loans and paying interest on those loans that currently are not reimbursable – may find it difficult to continue with additional cuts that are also retroactive to July 1st.



Does the budget agreement reached last week by the Governor and legislative leaders solve the budget crisis and future deficits?

No, though it does allow them to at least get a budget passed and signed after over three months.

The agreement contains more optimistic projections of money (revenues) coming from the federal government and from the California economy.

Not everyone believes those more optimistic projections are realistic – but the higher number allows the Governor and Legislature to, at least on paper, balance the State budget.

Meanwhile, the ongoing state budget shortfalls will likely continue – with budget analysts projecting – no matter who is elected governor on November 2nd – another state budget deficit that could be as high as $10 to $20 billion next year. The new governor will have to submit a new proposed budget to the Legislature on or before January 10th.





VERY URGENT!!!!!

PLEASE HELP CDCAN CONTINUE ITS WORK!!!

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



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



CDCAN

1225 8th Street Suite 480 - Sacramento, CA 95814

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



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

Bill sigms into law

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

CDCAN DISABILITY RIGHTS REPORT

#168-2010 – SEPTEMBER 30, 2010 – THURSDAY

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

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


REMEMBERING A LIFE: Stephanie Flowerdew



Update on Governor’s Actions:

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

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



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



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



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



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

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

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

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

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

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



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

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



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



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



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

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

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

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

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

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

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



OTHER BILLS SIGNED INTO LAW 9/29

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

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



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



SB 270 – HEALTH CARE PROVIDERS: MEDICAL INFORMATION

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

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

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



SB 442 – CLINIC CORPORATION: LICENSING

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

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



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

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

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

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



SB 700 – HEALING ARTS: PEER REVIEW

AUTHOR: Sen. Negrete McLeod (Democrat - Chino)

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



SB 769 – PANDEMIC INFLUENZA – FEDERAL FUNDING: SUPPLEMENTAL APPROPRIATIONS

AUTHOR: Senator Elaine Alquist (Democrat - Santa Clara)

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



***SB 812 – DEVELOPMENTAL DISABILITIES: HOUSING

AUTHOR: Senator Roy Ashburn (Republican - Bakersfield)

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

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



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

AUTHOR: Senator Patricia Wiggins (Democrat – Santa Rosa)

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



SB 1057 – STATE HOLIDAYS: VETERANS DAY STATE OFFICE CLOSURE

AUTHOR: Sen. Jeff Denham (Republican – Merced)

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



***SB 1069 – PHYSICIANS ASSISTANTS

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

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

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



SB 1090 – BINGO: REMOTE CALLER BINGO

AUTHOR: Senator Gilbert Cedillo (Democrat – Los Angeles)

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



SB 1127 – DEPARTMENT OF VETERANS AFFAIRS: INTERNET RESOURCES

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

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



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

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

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



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

AUTHOR: Sen. Lois Wolk (Democrat - Davis)

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

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



SB 1237 – RADIATION CONTROL: HEALTH FACILITIES & CLINICS RECORDS

AUTHOR: Sen. Alex Padilla (Democrat - Pacoima)

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



SB 1246 – NATUROPATHIC MEDICINE

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

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



***SB 1252 – HOUSING: DISCRIMINATION

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

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

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



SB 1332 – RADIOLOGIC TECHNOLOGY

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

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



SB 1368 – OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT

AUTHOR: Senate Health Committee

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



AB 52 – UMBILICAL CORD BLOOD COLLECTION PROGRAM

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

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



***AB 2028 – MEDICAL INFORMATION CONFIDENTIALITY: DISCLOSURE

AUTHOR: Assemblymember Ed Hernandez (Democrat - West Covina)

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

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



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

AUTHOR: Assemblymember Tom Torlakson (Democrat - Contra Costa)

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



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

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

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



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

AUTHOR: Assemblymember Tom Ammiano (Democrat - San Francisco)

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



AB 2167 – CLINICAL SOCIAL WORKERS: EXAMINATION REQUIREMENTS

AUTHOR: Assemblymember Pedro Nava (Democrat - Santa Barbara)

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



AB 2191 – HEALING ARTS: BEHAVIORAL SCIENCES LICENSURE

AUTHOR: Assemblymember Bill Emmerson (Republican - Hemet)

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



AB 2300 – GENETIC COUNSELORS: TEMPORARY STATE LICENSE

AUTHOR: Assemblymember Bill Emmerson (Republican - Hemet)

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



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

AUTHOR: Assemblymember Mike Feuer (Democrat - Los Angeles)

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



***AB 2435 – ELDER AND DEPENDENT ADULT ABUSE

AUTHOR: Assemblymember Bonnie Lowenthal (Democrat - Long Beach)

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

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



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

AUTHOR: Assemblymember Wesley Chesbro (Democrat - Arcata)

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

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



OTHER BILLS VETOED 9/29

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

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



SB 1230 – EMPLOYMENT: POSTING REQUIREMENTS

AUTHOR: Sen. Mark DeSaulnier (Democrat - Concord)

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

GOVERNOR’S VETO MESSAGE:

To the Members of the California State Senate:

I am returning Senate Bill 1230 without my signature.

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

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

Sincerely, Arnold Schwarzenegger



SB 1269 – FOOD DONATION LIABILITY

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

LATEST ACTION 09/29/2010: VETOED by Governor



AB 1997 – COMMUNITY COLLEGES: STUDENT FINANCIAL AID PILOT PROGRAM

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

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





VERY URGENT!!!!!

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

A sterp backward

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


CDCAN DISABILITY RIGHTS REPORT

#166-2010 – SEPTEMBER 28, 2010 - TUESDAY

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

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



California Budget Crisis:

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

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



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



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



“Framework” of Budget Deal Reached Last Week on Thursday

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



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



Some Questions On the Status of the State Budget:



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

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

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

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



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

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



When Will A Budget Be Enacted?

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



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

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

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



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

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

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

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



Will There Be Any Large New Cuts or New Taxes?

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

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

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

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



What Happens After A Budget Is Passed and Enacted?

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

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

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





VERY URGENT!!!!!

PLEASE HELP CDCAN CONTINUE ITS WORK!!!

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

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





CDCAN

1225 8th Street Suite 480 - Sacramento, CA 95814

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



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