 | | State Passes Budget with Cuts/Changes to IHSS |
On October 8th, Governor Schwarzenegger signed into law the 2010-2011 state budget, over 100 days past its June 30th deadline. The budget, along with over 20 budget-related "trailer" bills, attempts to close an estimated $19 billion gap in funding by shifting funds, relying on additional federal money, and by implementing reductions of nearly $8.5 billion in funding for state programs. Below is a brief summary of cuts/changes that the budget imposes on the In-Home Supportive Services (IHSS) Program. It is estimated that these changes will save the state nearly $300 million in program expenditures.
Reductions in IHSS Hours
Effective February 1, 2011
Beginning in February, all IHSS consumers will see a 3.6% reduction in authorized hours through June 2012. The impact of this temporary reduction could be different for each consumer, depending on his/her needs and current authorized hours. Consumers who receive the average number of hours (80-85 per month) will see a reduction of 2.8-3.1 hours per month. However, any consumer receiving the maximum number of hours allowed by IHSS (283 per month) will see a reduction of approximately 10.2 hours per month. Consumers will be able to decide themselves how to apply the 3.6% reduction to their services.
This new policy will impact all IHSS consumers. No exemptions can be made. Consumers will receive a notice of action informing them of the change at least 30 days before the reduction goes into effect. The 3.6% reduction in service hours cannot be appealed. However, consumers maintain the right to request a reassessment of hours any time that their needs change, or if they feel that they are not receiving the hours of care that they need.
Provider Background Checks Expanded
Effective January 2011 (pending stakeholder process)
Regulations implemented in 2009 require IHSS providers to undergo a Department of Justice Criminal Background Investigation (CBI) before becoming eligible for payment through the IHSS Program. Any provider convicted of or incarcerated for crimes related to senior or dependent adult abuse, child abuse, or fraud against a government program is not eligible for payment as an IHSS provider.
Provisions in the 2010-2011 state budget expand the list of crimes that will disqualify a person from being an IHSS provider to include certain violent/serious felonies, fraud in obtaining aid, and certain felony sex offenses. These new requirements apply only to providers who undergo a background check after the implementation of this law.
Despite the expanded list of crimes, consumers will maintain their right to hire almost any provider they choose. If the provider they wish to hire is ineligible because of a crime that is on the expanded list, a consumer can apply for a waiver by completing a form stating that they are aware of the provider's criminal history, and are willing to have that person continue to be their care provider. In addition, providers will maintain the right to appeal the county or public authority's decision, and may request a general exemption that would allow them to provide services to any IHSS consumer. Waivers and exemptions cannot be granted when the crime is related to senior or dependent adult abuse, child abuse, or fraud against a government program.
Multi-County Background Checks
Effective October 19, 2010
Under previous law, IHSS providers who worked in more than one county, or moved from one county to another, were required to pay for and undergo a separate CBI in each county. A provision in the new budget requires counties and IHSS public authorities to accept CBI clearances from other counties. Providers who clear a CBI in one county will be authorized to work in other counties without having to undergo another CBI.
Provider Fee
Effective October 19, 2010 (pending federal approval)
As part of an effort to bring additional federal funding into the IHSS Program, the new state budget imposes a reimbursable fee or sales tax on IHSS providers for the "privilege of selling support services at retail." The fee will be deducted from a supplementary paycheck sent to providers at the end of the fiscal year and will be reimbursed to the providers in the same check. Providers will not have to pay for the fees out of pocket and should not see any net gain or loss in payment. If approved by the federal government, the payment of these fees/taxes will allow the state to bring in an additional $190 million in IHSS funding.
There are still many uncertainties regarding the cuts/changes that have been imposed on the IHSS Program by the new state budget. It will be up to the California Department of Social Services and individual counties to quickly set forth policies to implement the changes. Further information will be posted at www.pascla.org as it becomes available.
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| Tips on Hiring and Training Homecare Providers |
 As an IHSS consumer, you take on the role of an employer and are responsible for hiring, training, supervising, and, if necessary, firing the provider of your choice. For many people, being an employer and knowing how to select the right homecare worker to hire is not an easy task.
PASC is sponsoring a series of trainings titled "How to Hire and Train Homecare Providers" for consumers, providers, and interested family members. The training focuses on communication techniques that can help consumers get better results when interviewing, hiring, and supervising their providers, and will teach them how to better determine the services needed from their homecare worker. Consumers who attend the training will have an opportunity to speak with an expert in the industry, Mr. Jeffrey Gamble, and ask specific questions related to their situation.
The next two trainings in this series will be held at PASC (4730 Woodman Avenue, Suite 360, Sherman Oaks, CA 91423) on the following dates:
Thursday, November 18, 2010 from 1-3 pm
Thursday, December 9, 2010 from 1-3 pm
To reserve a spot for one of the trainings, please call 818-206-8029.
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| Finding Assistance with Share of Cost Issues | |
 Share of Cost (SOC) is the amount that an individual with a higher income level must pay every month for Medi-Cal and IHSS services, similar to a monthly deductible. In September 2009, a state subsidy commonly known as the Share of Cost Buyout Program was eliminated. This program was designed to protect consumers who would have to pay a greater SOC under Medi-Cal rules than they would have to pay under IHSS guidelines. As a result, thousands of IHSS consumers throughout the state have seen their monthly SOC payments increase by hundreds of dollars per month.
If you (or anyone you know) are struggling with paying a high share of cost, or have lost your IHSS or had to move into a nursing home because you were unable to pay your share of cost, please contact either Disability Rights California at 800-776-5746 or the Legal Aid Foundation at 213-640-3927. There are many ways that a consumer can lower or eliminate their SOC responsibilities, or receive additional benefits to help them continue to live at home. Disability Rights California and the Legal Aid Foundation may be able to help you navigate through the various programs that can assist you in maintaining your independence.
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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." | | Changes in Procedures for New IHSS Providers |
Before becoming eligible for payment as an IHSS homecare worker, all applicants must complete an enrollment process, which includes completing a new Provider Enrollment Form, presenting the county with an original government-issued photo ID and Social Security card, attending a new provider orientation meeting, completing a new Provider Enrollment Agreement stating that they understand and agree to the IHSS Program rules and requirements, and submitting to and clearing a Criminal Background Investigation (CBI) as administered by the state Department of Justice. Since January of this year, providers were asked to contact the PASC New Provider Enrollment Hotline to begin the enrollment process and schedule an orientation. Over the last 10 months, PASC has scheduled and provided orientations for nearly 23,000 new IHSS providers throughout the county.
Effective November 1st, all orientations for new IHSS providers will be scheduled by the Department of Public Social Services IHSS Office. If you have recently hired a new provider who has not completed the enrollment process, or plan on hiring a new provider in the near future, please ask the provider to contact your local IHSS office for further information on attending an orientation.
In addition, please be reminded that if the provider who is currrenlty working for you has not completed the enrollment process by December 31st, he or she will no longer be eligible for payment through IHSS. Have your provider contact you local IHSS office for more information on completing the process.
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| Upcoming Trainings and Events
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Legislation Watch
Click on bill for more information |
AB 2274 (Beall) - IHSS: This bill would have allowed a person who receives IHSS from either a contract or managed care organization, authorized through a federal waiver, to select any qualified person to be their care provider. This bill was vetoed by the governor on September 29th.
AB 2374 (Nestande) - IHSS Pilot Project: This bill would have delayed the establishment of a pilot project in five counties that will allow persons with significant disabilities or impairments to choose between receiving IHSS either through a public authority or a contracting voluntary nonprofit or proprietary agency. However, it was not voted on by the full Senate before the adjournment of the 2010 legislative session. No further action can be taken on this bill.
SB 886 (Florez) - IHSS: E-Timekeeping: This bill would have allowed IHSS providers to use electronic timekeeping (i.e., via telephone or internet) for purposes of verifying hours worked. However, it was not voted on by the full Assembly before the adjournment of the 2010 legislative session. No further action can be taken on this bill.
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