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July 28, 2009 - Budget Update
Governor and  Legislature Reach Agreement to Close
$24 Billion Budget Gap



Agreement Includes Deep Cuts to Health and Human Services Programs and Other State Programs

On July 24, after nearly 20 hours in session the Legislature approved a budget agreement to close the state's $24 billion budget hole that includes deep cuts to health and human service and other state programs but does not include tax increases.
 
The Governor is expected to sign the agreement and issue his list of line-item spending reductions to the Legislative package today.   
 
The budget agreement provides a revised state spending plan for the 2009-10 and marks the third time in less than one year that the Legislature has approved a budget plan.  The Legislature approved a spending plan for the 2009-10 budget year in February.  However, optimistic revenue assumptions and unrealized savings, among other things, forced the Legislature to reconvene to approve a revised budget plan.
 
In June, the state Controller's Office began issuing IOUs to thousands of state vendors because there was not enough money in the state treasury to pay all the state's financial obligations. 
 
Republicans and the Governor can claim victory for avoiding any new tax increases.  Democrats are saying they negotiated the best budget compromise they could under the circumstances, avoiding the suspension of Proposition 98 and much deeper cuts to health and human service programs than proposed by the Governor.  A significant budget gap is likely to reappear later this year and next year due to a bad economy and the fact that a large part of the budget agreement is based upon borrowing, fund shifts and other deferrals that do nothing to close the state's structural budget gap.

Summary of Solutions:
 
$15.6 billion in spending reductions
►$3.9 billion in revenue accelerations
►$2.1 billion in borrowing
►$1.5 billion in fund shifts
►$1.2 billion in spending deferrals and other accounting maneuvers

Total:  $24.2 billion
 

Summary of solutions by area:
 
►Education:               $5.7 billion
►Higher Education:   $2.8 billion
►Health:                     $2 billion
►Human Services:     $1.2 billion
►Transportation:        $2 billion
►Resources:               $0.5 billion
►Public safety:           $1.1 billion
►General/Local Gov: $5.4 billion
►Taxes:                      $0
►Accel./Other Rev.   $3.5 billion

Total:                          $24.2 billion



Summary of Significant Health and Human Service Expenditure Reductions


The budget made deep cuts to health and human service programs that are summarized below by program.  Most of these cuts hit the state's most vulnerable, particularly the poor and minorities. 
 
These budget cuts are described in documents provided by the California Budget Project, Assembly and Senate Budget Committees, and Democratic leadership.  The budget bills and their analyses are not yet available in the Legislative Information System (www.leginfo.ca.gov) but should be shortly. 




Cash Assistance Program For Immigrants (CAPI) and California Food Assistance Program (CFAP)
 
The budget agreement rejected the Governor's proposal to eliminate the CAPI and CFAP programs.  However, CAPI recipients (the approximately 12,000 aged, blind, and disabled legal immigrants who would be eligible for the SSI/SSP program except for their immigration status) will see a decrease in their program grants consistent with the reductions adopted in the Supplemental Security Income/State Supplementary Payment program  (SSI/SSP).
 
CFAP will continue to provide food assistance to more than 22,000 low-income legal non-citizens between the ages of 18 and 65, who meet all the eligibility requirements for the federal Food Stamp program but have resided in the United States for less than five years. 
 


Supplemental Security Income/State Supplementary Payment (SSI/SSP)
 
SSI is the federal program which provides monthly aid to poor seniors and persons with disabilities.  SSP is the state's supplement to the SSI cash grant.
 
--Cuts SSI/SSP grants for the third time in 2009.  The maximum grant for couples will be reduced to the minimum level required by federal law ($1,407 per month) and the grant for individuals will be reduced by 0.6%, to $845 per month.  These cuts will take effect on October 1, 2009 for state savings of $115.9 million in 2009-10. 
 
--Eliminates indefinitely the statutory COLA for SSI/SSP grants starting January 1, 2012.  This change does not affect the "pass through" of any federal COLA for the SSI portion of the grant. 
 


Medi-Cal
 
Medi-Cal, which is California's version of the federal Medicaid program, currently provides free health insurance, including regular doctor's visits, hospitalization, dental and vision care, and prescription drugs for approximately 17 percent of all Californians-6 million beneficiaries.  Approximately half of Medi-Cal enrollees are Latino. 
 
SB 6xxxx requires the Department of Health Care Services  (DHCS) to submit a Medi-Cal waiver to the federal government that includes "restructuring proposals" that are designed to slow the rate of growth of the Medi-Cal program, reduce the number of uninsured, increase federal financial participation, and improve health outcomes.  The waiver is likely to result in more Medi-Cal beneficiaries being required to enroll in managed care.    
 
SB  6xxxx requires the waiver to include processes and criteria by which DHCS will evaluate and grant exemptions from mandatory enrollment in managed care.  DHCS is also required to convene and consult with a stakeholder advisory group to develop an implementation plan that addresses "the multiple and complex needs of vulnerable populations," among other things, according to the California Budget Project.  The budget agreement aims to have the waiver approved by the federal government by September 1, 2010 or when the state's current Medi-Cal hospital waiver expires.
 
Summary of the significant cuts to the Medi-Cal program:
 
--The budget agreement assumes the receipt of $1 billion in federal funds in 2009-10 to reimburse California for prior state expenditures that the state indicates should have been funded by the federal government.  State funding for Medi-Cal will be reduced by up to $1 billion in 2009-10 depending on the amount of federal funds received. 
 
--Cuts state funding for Medi-Cal by $323.3 million in 2009-10 without specifying how those savings would be achieved.
 
--$75.5 million reduction in 2009-10 by freezing rates paid to certain nursing homes and other long-term care facilities. 
 
--$18.3 million reduction by making several changes to Adult Day Health Care (ADHC) including temporarily limiting participation for enrollees to three days per week. 
 
--$3.7 million reduction by freezing rates paid to ADHC centers at the 2008 level. 
 
--$109 million reduction in 2009-10 by adopting several Medi-Cal prescription-drug reforms.
 
--$18.4 million reduction by cutting payments to private safety-net hospitals 10%.
 
--$7.2 million reduction by cutting the fee-for-service inpatient rate for certain small and rural hospitals, except those designated as "critical access" hospitals and referral centers.
 
--$23.9 million reduction to the Distressed Hospital Fund.The budget made deep cuts to health and human service programs that are summarized below by program.  Most of these cuts hit the state's most vulnerable, particularly the poor and minorities. 
 


Healthy Families Program

 
The Healthy Families Program provides health care assistance to eligible children in low-income families.
 
The budget agreement reduces state funding for the Healthy Families Program by $124 million in 2009-10 and assumes that the First 5 California Children and Families Commission will backfill this reduction with tobacco tax revenues.  The agreement adopted intent language that outside sources of funding would support the program and establishes a waiting list for enrollment unless the funds become available to continue enrollment.   
 
The Healthy Families Program stopped enrolling eligible children on July 17, 2009 and will soon have to begin dropping children from the program unless an alternative source of funding is found, according to various fiscal analyses.  LCHC is redoubling efforts to enjoin the state First 5 Commission to provide additional funds and prevent children from getting dropped.

On July 15, our executive director testified in front of the First 5 California commissioners and joined Wendy Lazarus of The Children's Partnership, Wilma Chan of Children NOW, and other advocates to urge the Commission to bail the program.  The Commission committed "to join with like-minded public and private partners" to provide an unspecified level of financial assistance to Health Families, "contingent upon the availability of funds."
 



California Work Opportunity and Responsibility to Kids Program (CalWORKs)  
 
CalWORKs is the state's cash-aid program, which is recognized as TANF (temporary aid for needy families) at the federal level, and provides cash-aid assistance to poor children and families. 
 
--$375 million reduction in 2009-10 for the county operation of the CalWORKs program.
 
--Eliminates the statutory cost-of-living adjustment (COLA) for CalWORKs grants starting in 2010-11.
 
--Exempts parents and relative caregivers of young children from having to meet participation requirements between July 1, 2009 and July 1, 20111, and allows counties to exempt additional categories of recipients. 
 
The budget agreement includes several significant policy changes to CalWORKs that are scheduled to take effect in 2011:
 
--Cuts by up to 50% grants for children in households in which an adult has been sanctioned for not complying with CalWORKs rules, with the size of the cut depending upon the length of time for which the adult has not complied. 
 
--Limits adults to 48 months of cash assistance in any 60-month period.  Allows adults to come back on aid for up to an additional 12 months at a later time (the children's portion of the grant would apparently not be affected by this change). 
 
--Requires counties to conduct a "self-sufficiency review" every six months with CalWORKs adults who are required to participate in welfare-to-work activities.  Adults who fail to attend this meeting would lose their grant (the children's portion of the grant would apparently not be affected by this change).
 
--All families that have been on aid for more than 60 months would see their child portion of the grant reduced by 25%, unless the family can demonstrate that they have met federal work participation requirements or are exempt from them.  Counties would be required to conduct an intensive assessment of families entering the program.
 
The California Budget Project  reports that SB 8xxxx makes two additional changes that take effect in 2011.  These changes were not mentioned in the legislative analysis and the bill is not available in print yet: 
 
--Cuts by 25% "safety-net" grants for children in households in which the adults have "timed off" aid, unless the adults meet federal work participation requirements.
 
--Cuts by 25% "child-only" grants for children who have received cash assistance for more than 60 months, unless the adults in their household meet federal work participation requirements.
 


In-Home Support Services (IHSS) Program

 
The IHSS program provides support services for seniors and the disabled.
 
--Eliminates, with some exceptions, domestic and related services for IHSS with a "functional index" (FI) rank-a measure of the need for individual services-of below 4.  The budget agreement also eliminates, with some exceptions, all IHSS services for individuals whose weighted-average FI score is below 2.  These changes take effect on September 1, 2009, resulting in savings of $53.2 million in 2009-10. 
 
--Eliminates the state subsidy for IHSS recipients who are required to pay a share of cost for services, effective October 1, 2009, for state savings of $41 million in 2009-10. 
 
--Requires both IHSS recipients and providers to be fingerprinted and requires providers to undergo background checks.  The changes also require county social workers to conduct unannounced visits for certain high risk IHSS cases and establishes a civil penalty for timesheet fraud. 
 
--The budget agreement also provides $10 million for local anti-fraud investigations and activities.   
 


Budget Agreement Proposes the Privatization of Eligibility Processing for CalWORKs, Medi-Cal and Supplemental Nutrition Assistance Program (formerly the Food Stamp Program)

 
Currently, public employees in each of the state's 58 counties determine eligibility for the CALWORKs, Medi-Cal, and Supplemental Nutrition Assistance Program.  The budget agreement, as contained in SB 7xxxx, establishes a process to shift this responsibility from the counties to a single entity by developing a "statewide eligibility and enrollment determination process," according to the California Budget Project.  If implemented, this change would likely result in a private contractor taking over eligibility processing in California, despite the fact that other states' privatized systems have failed. 
 
The budget bill requires the Department of Health Care Services and the Department of Social Services to jointly develop a plan for a new system in consultation with a stakeholder steering committee.  The bill permits the state "to proceed with procurement activities...upon legislative approval of the comprehensive plan an appropriation for this purpose." 
 


Additional Health and Human Services Cuts

 
--Delays implementation of the California Prescription Drug Program until July 1, 2010.
 
--$92 million reduction to Mental Health Managed Care Services and the Early and Periodic Screening, Diagnosis and Treatment (EPDST) Program.
 
--Eliminates $2.7 million in state support for Certified Application Assistance for the Medi-Cal/Healthy Families joint application. 
 
--Eliminates $90 million in General Fund dollars for the Prop. 36 Substance Abuse and Crime Prevention Act. 
 
--Eliminates the Rural Health Care Equity Program for $17.2 million in savings in 2009-10, and ongoing savings of approximately $15 million. 
 
--Shifts Proposition 99 tobacco tax funds from several programs to generate General Fund savings in 2009-10.  The budget agreement shifts $25.6 million in Proposition 99 funds from County Health Services, $6.6 million from the Major Risk Medical Insurance Program, $4.9 million from the Access for Infants and Mothers (AIM) Program, $3.9 million from the Expanded Access to Primary Care Program, and $438,000 from the Asthma Program. 
 
--$35 million reduction in 2009-10 to the AIDS Drug Assistance Program and other Office of AIDS programs.
 
--Eliminates, on a one-time basis, $18 million in state funding for the Immunization Program in 2009-10.
 
--Reduces state funding for several community clinic programs in 2009-10:  $4.5 million reduction to the Expanded Access to Primary Care Program, $2.2 million reduction to Rural Health Services, $1.9 million reduction to the Seasonal Migratory Worker Program, and $1.5 million for the Indian Health Program. 
 
--Cuts state funding for Material, Child and Adolescent Health (MCAH) programs in 2009-10:  $2.1 million reduction for Local County Maternal and Child Health Grants, $1.75 reduction to Adolescent Family Life Program, $900,000 reduction to the Black Infant Health Program, and a $3.5 million reduction to MCAH operations. 
 
--$4.1 million reduction to the Domestic Violence Shelter Program.
 
--$3.1 million reduction, a 50% reduction, for Alzheimer's research centers.
 
--$2.9 million reduction by suspending state funding for the Children's Dental Disease Prevention Program.
 
--$2.95 million reduction, a 50% reduction, to the California Poison Control System.
 
--$2 million reduction by making several changes to the Genetically Handicapped Persons Program (GHPP), including increasing the enrollment fee for families with incomes of at least twice the federal poverty line. 
 
--Reduces by 10 percent the rates for substance abuse treatment services for individuals who are eligible for Medi-Cal for savings of $8.8 million in 2009-10.

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