PASC E-News, Issue #24 topNovember 2009
 
IHSS Cuts Halted by Courts
gavelOn October 19th, Federal District Court Judge Claudia Wilken issued a preliminary injunction, which blocks changes to IHSS that were to be implemented on November 1st.  The changes, which were part of recent legislation designed to eliminate a $26 billion state budget deficit, would have resulted in a loss of program eligibility for approximately 40,000 consumers and a reduction in service hours for approximately 90,000 consumers. 
 
Judge Wilken's ruling states that the changes violate federal regulations, because they are based on functional index scores and functional rankings, which do not accurately reflect a consumer's need for services to remain safely in their own homes. In addition, the ruling states that the notices that the state had planned to send to consumers impacted by these changes were inadequate.
 
Below is a summary of the changes impacted by Judge Wilken's ruling. At this time it is not known if the state will appeal the injunction, or if the changes will be implemented at a future date.
 
Change in Eligibility Requirements - When being assessed for IHSS, applicants are given a functional index score, which is an average measure of their relative dependence on human assistance for performance of basic program tasks. Scores range from 1 to 6, with 1 representing the least functional limitation and 6 representing the greatest functional limitation. If the cuts were to be implemented, consumers who have a functional index score of less than 2 would no longer be eligible to receive services under the IHSS Program.  Consumers who receive either paramedical services or protective supervision would be exempt from this program change.
 
Reductions in Hours for Domestic and Related Services - When being assessed for IHSS, applicants are given a functional ranking (between 1 and 5) for each category of service, based on their ability to complete that particular task on their own or with assistance. If the cuts were to be implemented, consumers would lose hours for any domestic and related service (i.e., cleaning, laundry, shopping, etc.) for which they are given a ranking of less than 4.  Consumers who receive either paramedical services or protective supervision would be exempt from this program change.
 
Most consumers do not know what their functional index scores or functional rankings are.  Consumers who wish to find out this information should contact their IHSS social worker.  Unfortunately, PASC does not have this information.
 
If these program changes are implemented, affected consumers will receive a Notice of Action from the state at least 10 days before the effective date. Consumers will have the right to appeal their termination from the program or reduction in services if they believe that their functional index scores and/or functional rankings have been determined incorrectly. Click here for more information on filing an appeal.

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New Enrollment Procedures for IHSS Providers
 
What if I already have a provider?

Any provider who started working for you prior to November 1st, and who has been properly identified by county staff as your provider, may continue to work for you without any interruption in services.  However, he/she must complete the following requirements before June 30, 2010 to continue being your homecare provider:
  • Complete a new Provider Enrollment Form and submit it to the county in person
  • Present, in person, an original government issued photo ID (must be current) and Social Security card 
  • Review the materials used for new provider orientations or attend an orientation in person
  • Complete a new Provider Enrollment Agreement (SOC 846) stating that they understand and agree to the IHSS Program rules and requirements
  • Submit to and clear a State of California Criminal Background Investigation (CBI) as administered by the Department of Justice (at their own expense)
 
What if I hire a new provider?

All new IHSS providers (i.e., providers who are not currently working for any consumers) must be enrolled with the county before they are eligible for payment through the IHSS Program. In order to enroll, providers must

  • Complete a new Provider Enrollment Form and submit it to the county in person
  • Present, in person, an original government issued photo ID (must be current) and Social Security card
  • Attend, in person, a new provider orientation meeting
  • Complete a new Provider Enrollment Agreement (SOC 846) stating that they understand and agree to the IHSS Program rules and requirements
  • Submit to and clear a State of California Criminal Background Investigation (CBI) as administered by the Department of Justice (at their own expense)
Your new IHSS provider will not be able to work for you and receive payment from the IHSS Program until they have completed the above process. In addition, you will need to complete an IHSS Recipient Designation Form (SOC 426A) for your new provider.
 
Because this process could take several weeks to complete, you may wish to hire a different provider who has met the new requirements until your preferred provider is enrolled in the system. Call the PASC Homecare Registry at 877-565-4477 if you need assistance finding a different provider.
 
 
What if my new provider is currently working for another consumer?
 
If the person that you decide to hire is currently working for another IHSS consumer, you will only need to complete an IHSS Recipient Designation Form (SOC 426A) before they begin to work for you. However, the provider will need to meet the requirements listed under "What if I already have a provider?" before June 30, 2010.
 
 
What if my new provider has already met the new requirements?

If the person who you hire has already met the above requirements, they do not have to go through the enrollment process again.  You will only need to complete an IHSS Recipient Designation Form (SOC 426A) before they begin to work for you.
 
 
Where does my provider go for orientation and fingerprinting?
 
Locations and procedures for provider orientation and fingerprinting have not yet been established in L.A. County. The Department of Public Social Services (DPSS) is currently trying to finalize the details on these two new requirements as quickly as possible. Additional information will be posted on PASC's website as it becomes available. 
 

When should my provider be fingerprinted?

Your provider should wait until DPSS issues instructions on how and where providers must submit their fingerprints.
 

Who pays for the fingerprinting?

According to the new state law, your provider must pay for his/her own fingerprints.
 
Do you have questions about PASC and the IHSS Program? Do you have suggestions for topics to be covered in the PASC E-News? Send your questions and suggestions to e-news@pascla.org. PASC E-News is designed for you to get the information you need!
 
Note: If you do not wish to receive future editions or would like to update your profile with us, please scroll down to the bottom of this message and click on either "SafeUnsubscribe" or "Update Profile/Email Address."   
Resources for Homecare Outside of IHSS
consumer with workerFor individuals who do not qualify for IHSS, it can be an overwhelming challenge to find a homecare worker, and many people do not know where to start the process. The PASC Information and Referral Office can assist by providing referrals to various resources, including private pay agencies, non-IHSS registries, and the MSSP program.
 
(Note: The PASC Homecare Registry only provides referrals to approved IHSS consumers.)
 
Private Pay Homecare Agencies
 
There are about 500 private pay homecare agencies located throughout Los Angeles County, which are licensed by the Department of Health Services. These agencies often assign private duty nurses and homecare workers for an hourly fee.
 
Homecare Registries
 
A homecare registry is different from a private pay agency in that the registry does not send out a worker, but refers you to homecare workers who are seeking employment. Generally, you decide who you wish to employ and develop an employment agreement between you and the worker.  These registries can be found in senior centers and independent living centers throughout the county.
 
MSSP
 
The Multipurpose Senior Service Program (MSSP) provides help in the home for individuals who are at least 65 years old and who are nursing home eligible.  MSSP provides homecare services, home delivered meals, transportation, and supervision for qualified individuals.  There are 10 MSSP sites throughout Los Angeles County.
 
For more information, or for assistance in locating one of the above services, contact the PASC Information and Referral Office at 877-565-4477.
 
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Low-Cost Food Through the Angel Food Ministry Program
Angel Food Ministries is a non-profit organization dedicated to providing food relief and financial support to communities throughout the United States. The program began in 1994 with 34 families in Monroe, Georgia and has grown to serve over 500,000 families every month across 35 states.  Once a month, the Angel Food program provides a box of food (valued at approximately $60) for individuals to purchase for $30 per box. The menu varies from month to month, but generally includes both fresh and frozen items.  One box of food can assist a family of four for about one week or a single person for almost a month.
 
There is no limit to the number of boxes that an individual can receive, and there are no applications to complete or qualifications to which participants must adhere.  To purchase food from the Angel Food program, visit their website at www.angelfoodministries.com and enter your zip code to find a location in your area.
Upcoming Trainings and Events 
Click on event for more information
 
PASC/IHSS Mobile Help Desk (San Pedro) - November 4th: A PASC representative will be available to answer your questions and listen to your concerns regarding the IHSS Program. 
 
Alzheimer's Training Series: Taking Care of Yourself First (Sherman Oaks) - November 19th: Learn tips for family caregivers who are looking for extra help around the house with caregiving duties.
 
PASC/IHSS Mobile Help Desk (Lancaster) - November 20th: A PASC representative will be available to answer your questions and listen to your concerns regarding the IHSS Program.
 
PASC Board Meeting (L.A.) - December 14th: This meeting is open to the public and provides a forum for IHSS consumers to have their voices heard.

For information on additional events, please visit the Calendar section of our website at www.pascla.org.  
 
Legislation Watch
Click on bill for more information
AB 378 (Cook) - IHSS Provider Training: This bill would require public authorities to develop and implement training standards for IHSS providers throughout the state.
 
AB 682 (Lowenthal) - IHSS Background Checks: This bill would give IHSS nonprofit consortiums or public authorities the option of paying for the criminal background checks for IHSS providers. It would also require the state to seek federal financial participation to cover costs associated with conducting the criminal background check.   
 
SB 141 (Maldonado) - IHSS Provider Timesheets: This bill would require IHSS timesheets, which are signed by the recipient and the provider of services, to contain a legal certification statement.
 
SB 142 (Maldonado) - IHSS Authorized Tasks: This bill would require the Department of Social Services to devise a method to ensure that an IHSS provider receives a list of approved tasks before working for an IHSS consumer.
 
HR 1670 (Davis - IL) - Community Choice Act of 2009: This federal bill would amend Title XIX of the Social Security Act to provide individuals with disabilities and older Americans with equal access to community-based attendant services and support. 
 
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In This Issue
IHSS Cuts Halted by Courts
New Provider Requirements
Homecare Resources
Angel Food Ministries
Upcoming PASC Trainings/Events
Legislation Watch

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