PASC E-News

PASC E-News, Issue #46topJuly 2012

New State Budget Will Impact Seniors and Persons with Disabilities

California State Capital BuildingOn June 27th, Governor Brown signed the 2012-2013 state budget package, which will close a $15.7 billion budget gap by implementing cuts and changes to various programs, and upon voter approval, implementing several temporary tax increases. Below is a summary of some of the proposals that PASC has tracked throughout the budget process, including cuts and changes to IHSS, Medi-Cal, and services received by individuals eligible for both Medicare and Medi-Cal. Further information on how the cuts and changes will be implemented will be forthcoming.

 

Across the Board Reduction of IHSS Service Hours

Passed and Signed into Law

 

The governor proposed to reduce IHSS hours for all consumers by 7%, effective August 1st. The senate and assembly voted to reject this proposal, and to instead extend the 3.6% reduction implemented in February 2011, through June 30, 2013.   Consumers will continue to be able to decide themselves how to apply the 3.6% reduction to their services, and the reduction will continue to be applied first to any documented unmet needs, other than protective supervision.

 

Although the intent of the budget was to seamlessly extend the 3.6% reduction, the California Department of Social Services (CDSS) had already implemented changes to its case management system to automatically restore hours to all consumers on the original sunset date of June 30th. As a result, consumers have had their hours temporarily restored during the month of July. However, CDSS will soon be mailing notices to all consumers letting them know that their hours will be reduced again effective August 1st.

 

The 3.6% reduction in service hours cannot be appealed. However, consumers maintain the right to request a reassessment of hours any time their needs change, or if they feel they are not receiving the hours of care they need.

 

Elimination of Domestic and Related Services

Not Included in Budget

 

The governor proposed to eliminate IHSS hours for domestic and related services for consumers residing in shared living arrangements, effective July 1st.  This proposal was rejected by the senate and assembly, and was not included in the final budget.

 

Coordinated Care Initiative

Passed and Signed into Law

 

See article below for additional information.

 

Medi-Cal Co-Pays

Approved and Signed into Law

 

The new budget will implement two new co-pays related to Medi-Cal beginning January 1, 2013. Pending federal approval, Medi-Cal recipients will be responsible for paying a $15 co-pay for non-emergency visits to the emergency room, and a $3.10 co-pay for any non-preferred prescription drugs.

 

Medi-Cal Enrollment Period

Not Included in Budget

 

The governor proposed to establish an annual open enrollment period for Medi-Cal recipients who are enrolled in managed care plans, and wish to change plans. This proposal was rejected by the senate and assembly, and was not included in the final budget.

 

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The Coordinated Care Initiative and IHSS

 

The 2012-2013 state budget provides legislative approval for the governor's Coordinated Care Initiative, which will enroll individuals eligible for Medicare and Medi-Cal (known as "dual eligibles") into managed care plans for the provision of all their medical and social service needs, including IHSS. The initiative will be rolled out through the state over a three-year period, beginning with implementation in eight pilot counties no sooner than March 2013. L.A. County has been selected as one of the eight pilot counties.

 

Affected individuals will receive several notices regarding plan selection beginning 90 days prior to the date they will be enrolled. Individuals will be able to select the plan of their choice (L.A. Care or Health Net in L.A. County), or may choose to opt out of receiving Medicare services through a health plan. However, if they opt out, they must still be enrolled in a health plan for the provision of Medi-Cal services, including IHSS. Certain groups of individuals will be exempt from the pilot, including those who are under 21 years of age, are enrolled in a Home and Community-Based Services waiver, have been diagnosed with HIV/Aids, or have been determined by the Department of Health Care Services to be ineligible for other medically necessary reasons.

 

The enacted legislation provides certain protections for consumers including, 1) the right to choose if they want services in a community-based setting, 2) the right to select their healthcare providers (within the plan network), 3) the right to decide if they want their IHSS homecare worker to be a part of their care coordination team, and 4) the right to hire, train and fire their own IHSS homecare worker. CDSS will also be required to develop a 24-hour ombudsman hotline to assist beneficiaries with navigating the system and timely resolution of complaints.

 

The state budget also establishes the California In-Home Supportive Services Authority (a.k.a. State Authority) to serve as the statewide employer of record for IHSS homecare workers. The state authority will be made up of five members including the directors of the Departments of Social Services, Health Care Services, and Finance. An advisory board made up of consumers, providers, and community advocates will also be appointed.  

 

The state authority will take over collective bargaining on a per-county basis as counties are rolled into the duals demonstration project. Currently, the employer of record functions are handled at a local level, usually by IHSS public authorities like PASC. Public authorities will continue providing other services to the IHSS community (i.e., registry services, trainings, back-up services).

 

Although the Coordinated Care Initiative has been enacted and signed into law, there are still many policies that must be developed by the state before implementation begins. In addition, the initiative must still be approved by the Centers for Medicare & Medicaid Services. For additional information, visit the Department of Health Care Service's stakeholder website at www.calduals.org. 

 

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PASC Training Survey

CPR on mannequinAs the IHSS public authority, one of PASC's responsibilities is to provide access to free trainings and educational seminars for consumers and providers throughout L.A. County on a variety of topics/issues. In an effort to improve our training programs, PASC is asking for consumer and provider input on our current training programs, and areas/topics where other trainings would be helpful.  

 

We would appreciate your assistance with these efforts by completing a quick on-line survey.  Click here to participate.   

 

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Upcoming Trainings and Events 
Click on event for more information

PASC/IHSS Mobile Help Desk (L.A.) - July 18th: A PASC representative will be available to answer your questions and listen to your concerns regarding the IHSS Program.

PASC Healthy Living Seminar: Universal Precautions (Inglewood) - July 26th: Join PASC and L.A. Care for a free seminar to learn how using universal precautions in your home and workplace can prevent illness and the spread of diseases. The seminar will cover basic tips on what you can do to protect yourself and others, whether you are providing or receiving services through IHSS.

PASC/IHSS Mobile Help Desk (Lancaster) - July 27th: A PASC representative will be available to answer your questions and listen to your concerns regarding the IHSS Program.

PASC Board Meeting (L.A.) - August 6th: This meeting is open to the public and provides a forum for IHSS consumers to have their voices heard.

See more events on our website at www.pascla.org.

 

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Legislation Watch

Several bills that could have an impact on the IHSS community have been introduced in the senate and assembly for the 2012 legislative session. Listed below are bills that PASC is currently tracking. For additional information on any of the bills, visit PASC's website at www.pascla.org.

  • AB 1553 (Monning) - Medi-Cal Managed Care Exemptions: This bill would establish a process by which a person receiving Medi-Cal  can request an exemption from mandatory enrollment in a Medi-Cal managed care plan if they are either an American Indian, or have a specified complex medical condition. The exemption would be valid for a 12 month period. It was passed by the assembly and is currently being heard in the senate.
  • AB 1714 (Halderman) - IHSS Providers, Criminal Exclusions: This bill would add the felony offenses of forgery, embezzlement, extortion, and identity theft to the list of "Tier 2" criminal convictions for IHSS providers. It was passed by the assembly and is currently being heard by the senate.
  • SB 1503 (Steinberg) - IHSS Integration: This bill would require the Director of Social Services and the Director of Health Care Services to convene a stakeholder group to design a plan for the integration of long-term services and supports programs. It was passed by the senate and is currently being heard by the assembly.

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In This Issue
State Budget Summary
IHSS and Managed Care
Training Survey
Upcoming PASC Trainings/Events
Legislation Watch

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