LAWSUIT TO BE FILED IN FEDERAL COURT THURSDAY TO STOP IHSS CUTS
(9/30/2009)

Lawsuit Seeks To Stop Budget Cuts That Would Narrow Eligibility and Services to In-Home Supportive Services Set to Take Effect November 1st Impacting Over 136,000 People Across the State – Lawsuit To Be Filed By Disability & Senior Advocacy Groups and 4 IHSS Worker Unions



SACRAMENTO, CALIF (CDCAN) [Updated 09/30/09 4:30 PM (Pacific Time) - A new lawsuit will be filed in federal district court in Oakland on Thursday (October 1st) to stop state budget cuts set to go into effect November 1st impacting over 136,000 children and adults with disabilities, the blind and low income seniors who could lose eligibility for all or manyof their services under the In-Home Supportive Services (IHSS) program.



The California Department of Social Services, which oversees statewide the IHSS program that is administered locally by the counties, reported earlier this month that nearly 40,000 people would lose eligibility for all services under IHSS, while over 90,000 additional persons would lose some or all of their domestic and related services under the program due to cuts in the 2009-2010 State Budget passed by the Legislature and approved by the Governor in late July in order to close a shortfall of over $23 billion. Many other health and human service programs – including developmental services, Medi-Cal, SSI/SSP (Supplemental Security Income/State Supplemental Payment Program), senior programs, mental health services, community college disabled student programs and more were hit with major permanent budget cuts.

Another budget shortfall of several billions of dollars is expected when the Governor presents his proposed 2010-2011 budget on or before January 10th.



As reported last week, the Department of Social Services is finalizing two “All County Letters” – instructions and guidance to the counties – on how to implement the new reductions and policy changes.



Those two “All County Letters” – one of which deals with IHSS worker (provider) enrollment and the other on the changes to IHSS eligibility for services – will released probably within the next week or so. Draft copies of the two “All County Letters” are available for viewing or downloading from the CDCAN website at www.cdan.us



Lawsuit Will Be Filed by Several Advocacy Groups and Unions

The lawsuit is being filed by several advocacy organizations and four unions representing IHSS workers (providers):

· Disability Rights California (formerly Protection and Advocacy Inc or PAI)

· Disability Rights Legal Center

· National Senior Citizens Law Center

· National Health Law Program

· SEIU/United Long Term Care Workers

· SEIU-United Healthcare Workers West

· SEIU Local 521

· United Domestic Workers (UDW) Providers Union (AFSCME Local 3930)



Lawsuit Is One of Several Fighting Budget Cuts

The lawsuit to be filed on Thursday is one of several filed by various advocacy groups over the past year and half to stop budget reductions (copies of those lawsuits can be viewed or downloaded from the CDCAN website at www.cdcan.us )



· IHSS Worker Wages: A previous federal lawsuit filed in June by SEIU on behalf of In-Home Supportive Services workers, was successful in blocking a reduction in what the State helps to pay for IHSS worker wages (called “state participation”). While the State is appealing that ruling, that federal district court’s order remains in effect.

· IHSS “Share of Cost Buy-Out” Program: Still another separate lawsuit may be filed to reverse the budget reduction that eliminated what is known as the IHSS “Share of Cost Buy-out Program”. That program was reduced by the 2009-2010 State Budget passed in February 2009, that froze the numbers of people in that “buy-out” program to who was in it as of July 1, 2009, The revised 2009-2010 State Budget passed in late July took the reduction even further by eliminating the “buy-out” program entirely effective October 1, 2009.

· Medi-Cal Optional Benefits Elimination: A separate lawsuit – filed by the Medicaid Defense Fund on behalf of people with disabilities and seniors in the Medi-Cal program – to reverse the elimination of 9 Medi-Cal optional benefits which took effect July 1, 2009 – is waiting for hearing before the US 9th Circuit Court of Appeals. A lower federal court in August refused to issue an order to block that cut. The Medicaid Defense Fund was successful last year and earlier this year in blocking several Medi-Cal provider rate reductions (a separate federal lawsuit filed by another group was successful in stopping other Medi-Cal provider cuts last February).

· Medi-Cal Adult Day Health Centers: A federal lawsuit filed by Disability Rights California (formerly Protection and Advocacy Inc) and other groups successfully blocked the budget reduction to adult day health centers, in a ruling issued in September. That ruling was significant because it was the first time that a case was won based in large part because the suit alleged the state violated the federal Americans With Disabilities Act (ADA)



CDCAN Townhall Telemeeting October 7th Focus On IHSS

Meanwhile, as previously announced, the issue of IHSS budget reductions will be the focus of the next CDCAN Townhall Telemeeting, scheduled for October 7, 1 to 2:45 PM featuring senior officials from the California Department of Social Services.



People anywhere in the State can participate in the free townhall telemeeting by dialing a toll free number (see below) and several hundreds are expected to participate given the high interest level and impact. A CDCAN Townhall Telemeeting held September 23rd focusing on cuts to the Early Start Program and a new “Prevention Program” for at-risk babies and toddlers who will no longer be eligible for services under Early Start beginning October 1, drew over 300 people.



The senior officials with the Department of Social Services – the state agency which oversees the In-Home Supportive Services program that is administered locally by the counties – will provide the latest information and updates regarding changes in policies and budget reductions. They will also answer questions from the audience.



CDCAN TOWNHALL TELEMEETING

OCTOBER 7, 2009 – WEDNESDAY 1:00 – 2:45 PM

TOLL FREE LINE: 877-551-8082 (no passcode)

FEATURING CALIFORNIA DEPARTMENT OF SOCIAL SERVICES OFFICIALS (EVA LOPEZ, DEPUTY DIRECTOR – ADULT PROGRAMS DIVISION AND EILEEN CARROLL, BUREAU CHIEF)



For those who cannot participate in the CDCAN Townhall telemeeting, you can forward your questions or concerns to Marty Omoto at martyomoto@rcip.com who will ask your questions for you during the townhall. All CDCAN Townhall Telemeetings are recorded and posted on the CDCAN website at www.cdcan.us



Thousands Have Participated in Townhall Telemeetings Since 2003

Since 2003 thousands of people with disabilities, mental health needs, seniors, people with traumatic brain and other injuries, people with MS and other disorders, families community organizations, regional centers, independent living centers, policymakers, workers who provide supports and services, and other have participated in the CDCAN Townhall Telemeetings that was created to bring policymaking to where people live.



A recent CDCAN Townhall Telemeeting held September 1, that featured Terri Delgadillo, director of the Department of Developmental Services, drew over 700 people across the state. The CDCAN Townhall Telemeeting held September 23, focusing on the new “Prevention Program” for at risk babies and toddlers and also cuts to the Early Start program drew well over 300 persons across the state.



Additional CDCAN Townhall Telemeetings will be scheduled soon on other issues including Medi-Cal (including updates not only on budget reductions, but on the status of the Deficit Reduction Act, and other issues), special education, housing and transportation, senior services, mental health and more.