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| Governor Proposes New Cuts to IHSS |
 Faced with an estimated $19 billion budget deficit for the upcoming fiscal year, Governor Schwarzenegger on January 8th released a new budget proposal that would close the gap by shifting funds, imposing cuts to various programs, and obtaining additional funding from the federal government. Included in the governor's proposal are cuts/changes to many programs that are utilized by the senior and disability communities, including In-Home Supportive Services (IHSS), SSI/SSP, and Medi-Cal. Many of the proposals are similar to proposals the governor made last year that were either rejected by the legislature or overturned by the court system.
Below is a listing of some of the governor's proposed cuts and changes. It is important to remember that, at this time, these are only proposals. Each of the proposals must be passed by both the state senate and assembly and then signed into law before being implemented. Under normal circumstances, the passage of a state budget takes several months and, by law, should be completed by June 15th. However, the governor has declared a fiscal emergency in California requiring the legislature to act on the proposals within 45 days.
In-Home Supportive Services (IHSS)
The elimination of all IHSS services for consumers who have a functional index of less than 4. 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 rank from 1 to 6, with 1 representing the least functional limitation and 6 representing the greatest functional limitation. Under this proposal, any IHSS consumer with a functional index score of 3.99 or less would lose eligibility for the program. This would eliminate services for nearly 87% of IHSS consumers, including consumers who receive paramedical services and/or protective supervision. Consumers who do not know their functional index score can contact their social worker to see if they would be affected by this proposal. The governor has requested an effective date of June 1st for this proposal.
Note: The governor proposed a similar reduction in services as part of last year's budget and the legislature eventually agreed to eliminate services for consumers with a functional index score of less than 2. That reduction in services was blocked by a federal court order in November 2009 and is pending an appeal.
The reduction of state participation in IHSS worker wages to the minimum wage of $8.00/hour. This proposal could impact wages for over 381,000 providers in 46 counties across the state, and in L.A. County would reduce wages from the current level of $9.00/hour to minimum wage, unless the county is able to pay the difference out of local funds. Health benefits for providers would not be affected under this proposal. The governor has requested an effective date of June 1st for this proposal.
Note: The governor proposed a similar reduction as part of last year's budget, and the legislature eventually agreed to reduce wages to $9.50 per hour. That reduction was blocked by a federal court order in June 2009 and is pending an appeal.
A reduction in funding for county administration of the IHSS Program. The governor's budget proposal also assumes an unspecified amount of savings in funding for administration of the IHSS Program. These savings would be relative to the reduction in caseload that results from the elimination of services based on functional index scores.
The elimination of the IHSS Program based on the governor's contingency proposal. See below.
SSI/SSP
The reduction of SSI/SSP payments for individuals to the minimum level allowed under federal law. This proposal would lower the maximum amount for SSI/SSP payments for nearly 1 million individuals to $830 per month. Payments to couples would not be lowered, because they were dropped to the federal minimum of $1,407 per month during last year's budget process. This would be the 4th reduction in SSI/SSP payments since May 2009.
The Elimination of the Cash Assistance Program for Immigrants (CAPI). CAPI provides assistance similar to SSI/SSP for certain legal immigrants who are seniors or persons with disabilities, but have been denied SSI/SSP benefits because of their immigration status (i.e., those who have been in the U.S. for five years or less). There are currently over 10,800 individuals enrolled in CAPI.
Medi-Cal
In addition to the cuts proposed for IHSS, the governor has proposed several other key changes to Medi-Cal that could affect the IHSS community, including:
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The elimination of Adult Day Health Care Programs
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The elimination of full scope Medi-Cal for certain immigrants
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The implementation of "cost containment" measures that will eliminate certain Medi-Cal services while imposing new or increased co-pays for others
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An increase in anti-fraud measures within the program
It is uncertain how many individuals would be impacted by these changes.
Contingency Proposals
 The governor's budget proposal relies on nearly $6.9 billion in additional federal funding for services such as Medi-Cal, Medicare and special education, and from the extension of the American Recovery and Reinvestment Act. Under the governor's proposal, the Director of the Department of Finance would have to certify that the additional federal monies were received by July 15th, or the following additional service reductions, along with others, would be implemented:
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IHSS - The IHSS Program would be eliminated.
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Medi-Cal - Several Medi-Cal services would be reduced or eliminated, including any remaining Medi-Cal optional benefits.
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CalWORKs - The CalWORKs Program would be eliminated.
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Healthy Families Program - The Healthy Families Program would be eliminated.
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Health Services - Various health services provided under Proposition 99 would be eliminated.
More information on the governor's proposals and the budget process will be posted on PASC's website at www.pascla.org, and in future editions of PASC E-News as it becomes available. To subscribe to PASC E-News, click here.
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| New Enrollment Procedures for IHSS Providers |
Legislation passed last year implemented several changes to the enrollment process for IHSS providers, beginning in November 2009. The frequently asked questions listed below regarding the new enrollment requirements were originally published in the November issue of PASC E-News. However, many of the answers have been updated as new information has become available.
 What if I already have a provider?
Any provider who started working for you, was enrolled with the county prior to November 1st, and is getting paid 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 (SOC 426) and submit it to the county in person
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Present, in person, an original government-issued photo ID (must be current) and Social Security card
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Review the state mandated materials used for new provider orientations
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Complete a new Provider Enrollment Agreement (SOC 846) stating that they understand and agree to the IHSS Program rules and regulations
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Submit to and clear a Criminal Background Investigation (CBI) as administered by the State Department of Justice at their own expense
The Department of Public Social Services (DPSS) will soon be sending current providers the information they need to meet the above requirements, including completing the criminal background check. Current providers should wait until they receive this information before taking action on any of the new requirements.
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 (SOC 426) 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 Criminal Background Investigation (CBI) as administered by the State Department of Justice at their own expense
Your new IHSS provider will not be able to receive payment from the IHSS Program until they have completed the above process. New providers who need to meet the above requirements should contact the PASC New Provider Enrollment and Criminal Background Investigation Call Center at 877-565-4482 to schedule an orientation and obtain information about the CBI process.
In addition, you will need to complete an IHSS Recipient Designation Form (SOC 426A) for your new provider. You can obtain this form by contacting your IHSS provider clerk or social worker.
What if my new provider is currently working for another consumer?
If the person who you decide to hire is currently receiving payment for work done 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?
If your provider started working for you and was enrolled with the county prior to November 1st, and is getting paid by IHSS, he/she should wait until they receive additional information from DPSS before taking action on any of the new requirements.
When should my provider be fingerprinted?
If your provider started working for you and was enrolled with the county prior to November 1st, and is getting paid by IHSS, he/she should wait until they receive additional information from DPSS before taking action on any of the new requirements.
If your provider was not enrolled with the county prior to November 1st, and has not yet received payment for services, he/she should contact the PASC New Provider Enrollment and Criminal Background Investigation Call Center as soon as possible at 877-565-4482 to schedule an orientation and obtain information about the CBI process.
Who pays for the fingerprinting?
According to the new state law, your provider must pay for his/her own fingerprints.
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| Do you have questions about PASC and the IHSS Program? Do you have suggestions for topics to be covered in 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! |
| Keeping Your New Year's Resolution |
The practice of using the new year to reflect on one's self and vow to make changes goes back to ancient times and developed from early Roman religious practices. The Roman god of beginnings, Janus, who had two faces, could look back to reflect on the past with one face and forward to the future with the other. Janus is also the origin of the word "January".
Statistics show that only 20% of Americans who make new year's resolutions keep them throughout the year. Below are some steps that you can take to help you stay on track this year.
 Step One: Just saying you want to do it is not enough to make it happen. Sit down and write out your goal and what you need in order to obtain your goal.
Step Two: Once you decide on your goal, break it down into smaller goals.
Step Three: Set realistic deadlines for your goal. If you want to lose 30 pounds, you cannot typically do that in a month. However, if you set the goal to lose 30 pounds in 3-6 months, you now have a realistic goal you can reach. The smaller goals in this example might be to lose 5 pounds each month.
Step Four: Give yourself rewards when you meet a deadline.
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For information on additional events, please visit the Calendar section of our website at www.pascla.org.
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| 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 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.
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