CDCAN
CALIFORNIA DISABILITY
COMMUNITY ACTION NETWORK
DISABILITY RIGHTS
NEWS REPORT
#044-2006 April 26, 2006 Wednesday
morning
Advocacy Without Borders:
Connecting people with disabilities & seniors to rights and unified
action
1225 8th
Street Suite 480 - Sacramento, CA 95814 916/446-0013 Fax:
916/446-0026
Marty Omoto - director email: martyomoto@rcip.com
website: www.cdcan.us
California
Legislature
* Several In-Home Supportive Services Bills Acted
On
* Assembly Budget Subcommittee May 3rd Hearing Includes Update on
IHSS
* Dept of Social Service's Public Hearing On Proposed IHSS
Regulations 5/17
* Advocates Raise Concerns on IHSS Quality Assurance
in 4/25 Townhall
SACRAMENTO - Several
bills impacting In-Home Supportive Services (IHSS) - the federal, state
and local funded program that provides in-home care to children and adults with
disabilities (including those with developmental disabilities) - were acted on
in three different State legislative committees yesterday (April 25) including
legislation that calls for paid IHSS worker training, background checks, and
payment for assistance in medical appointments.
Also yesterday
(April 25) was a CDCAN Disability RIghts Townhall Telemeeting that attracted
over 200 or more persons with disabilities, family members, IHSS workers, Public
Authorities, advocacy groups, community organizations and other workers and
advocates from across the state, that focused on the impact of changes to
In-Home Supportive Services and the implementation of the IHSS Quality Assurance
Program, and the release of new proposed state IHSS regulations. Advocates
raised concerns about the implementation of the Quality Assurance program and
proposed regulations. Christian Griffith, Assembly Budget Committee staff who
covers IHSS and also SSI/SSP (Supplemental Security Income/State Supplemental
Program) budget issues was one of the guest speakers, along with several
advocates from across the State. See separate CDCAN report later today on
the Townhall and special CDCAN Action Advisory regarding the IHSS proposed
regulations and May 17 public hearing on those regulations or go to the CDCAN
website to listen to the audio archive of that telemeeting at www.cdcan.us
The deadline for the public to make comments on those proposed IHSS regulations
is May 17 and must be received by the Department of Social Services by 5 PM on
that day. See CDCAN Action Advisory for specific information and copy of
the proposed regulations or go to the CDCAN website at www.cdcan.us or to
these other websites:
Hourly Task Guidelines Proposed
Regulations: http://www.dss.cahwnet.gov/getinfo/pdf/d120521r.pdf
IHSS
Quality Assurance Program Website: www.dss.cahwnet.gov/dapd/
Assembly
Budget Subcommittee Plans May 3 Hearing To Include IHSS
The Assembly
Budget Subcommittee #1 on Health and Human Services is planning to include the
issue of IHSS, and also an update on the implementation of the IHSS Quality
Assurance program, as part of a larger hearing on other budget issues, on May 3,
Wednesday afternoon at 1:30 PM , at the State Capitol in Room 444.
Christian Griffith briefed persons on the CDCAN Townhall Telemeeting about the
hearing and mentioned that the room, if a large crowd is expected, might
change. (See CDCAN Action Advisory on this budget hearing).
The IHSS Quality Assurance program was created as part of the 2003-2004 State
Budget (SB 1104) to establish among other things, statewide standards and
guidelines on how hours were assessed to persons needing IHSS services, training
for county social workers who do those assessments, streamlining IHSS
regulations, implement anti-fraud and abuse efforts, and monitoring.
CDCAN SUMMARY OF BILLS IMPACTING IHSS ACTED IN COMMITTEE APRIL
25
AB 2014 -
Consolidating Senior/Adult Programs In New Adult & Aging Services
Dept
Author: Assemblymember Patty Berg (Democrat - Eureka)
What Bill Would Do:
(Note: this summary does not
reflect changes/amendments made when the committee passed the bill out on April
25) The March 23, 2006 version of the bill would establish the California
Department of Adult and Aging Services and would consolidate several of programs
serving the adults and older adults including those with disabilities from the
following departments: California Department of Aging, Department of Social
Services, Department of Health Services, Department of Mental Health, and the
Department of Rehabilitation.
Action Taken 04/25/06: Passed with amendments by Assembly Human Services Committee and
referred to Assembly Appropriations Committee for further
action
AB 2469 -
IHSS: Personal Care Services In
Counties With Small Populations
Author: Assemblymember Noreen Evans (Democrat - Santa
Rosa)
What Bill Would
Do: (Summary does not reflect latest amendments made 4/25)
Would authorize a county, with a population of less than 250,000, to
receive from the State advance payments from a specific state fund (Sales Tax
Growth Account) equal to that county's share of the cost for IHSS services as
specified in the bill. Counties currently impacted by this bill with
populations less than 250,000 (based on latest US Census) are: Alpine,
Amador, Butte, Calaveras, Colusa, De Norte, El Dorado, Glenn, Humboldt,
Imperial, Inyo, Kings, Lake, Lassen, Madera, Mariposa, Mendocino, Merced, Modoc,
Napa, Nevada, Tehama, Plumas, San Benito, Shasta, Sierra, Siskiyou,
Sutter, Trinity, Tuolumne, Yolo and
Yuba.
Action Taken
04/25/06: Passed with amendments by Assembly Human Services Committee
and referred to Assembly Appropriations Committee for further action.
AB 2486 -
IHSS - Background
Checks
Author:
Assemblymember Mark Ridley-Thomas (Democrat - Los
Angeles)
What Bill Would
Do: Would authorize criminal background checks of IHSS workers
(providers) by IHSS Public Authorities or nonprofit consortium contracted by
counties and prohibits charging any fee to the IHSS worker, potential worker or
to the person receiving IHSS services, for the cost of background checks
.
Action Taken 04/25/06:
Passed by Assembly Human Services Committee and referred to Assembly
Appropriations Committee for further action.
AB 2494 -
IHSS Worker (Provider)
Training
Author:
Assemblymember Mark Ridley-Thomas (Democrat - Los
Angeles)
What Bill Would
Do: Authorizes an IHSS workers, providing specific conditions are
met, to receive wages for up to 6 hours of training and that
those training hours not count
against a IHSS consumer's assessed hours of services. The conditions that
must be met to authorize payment of wages for training
are:
* The training is under
the supervision of a registered nurse, licensed vocational nurse, or a certified
nurse assistant
* The training is part of the union collective bargaining,
and the training is approved by the Department of Social Services and qualifies
for the maximum amount of federal matching funds
* Covers any of the
following areas: basic safety and emergency procedures; personal care skills and
assisting with Activities of Daily Living; promoting the independence and
respecting the rights of IHSS consumers; communication and interpersonal skills;
basic infection prevention and control procedures; elder abuse identification;
and recognition of the symptoms of Alzheimer's disease.
* Would allow
training hours to be authorized for a IHSS worker (provider) who provides
transitional training for another IHSS worker in order to meet the specific
needs of a IHSS consumer who is changing providers.
* Exempts cost of
training from the state's contribution to the county's IHSS program beyond the
funds already appropriated for the program in the State budget every year.
*
Requires that the Secretary of the California Health and Human Services Agency
actively pursue the use of all federal funds;
* States that
training hours do not count against a IHSS consumer's assessed hours of
services
Action Taken
04/25/06: Passed by Assembly Human Services Committee and referred to
Assembly Appropriations Committee for further action.
AB 2697 -
IHSS Worker (Provider) Direct Deposit
System
Author:
Assemblymember Bonnie Garcia (Republican-Cathedral City)
What Bill
Would Do: Would replace existing state law that required the State
to determine the cost of
developing and implementing the direct deposit program, and collect the cost
from a nongovernmental 3rd-party contractor or the organization, entity, or
individual
requesting payment and instead would
require that the costs of
developing and implementing a direct deposit system for IHSS workers (providers)
be paid for out of funds appropriated to the Department of Social Services for
the administration of the IHSS program.
Action Taken
04/25/06: Passed by Assembly Human Services Committee and referred to
Assembly Appropriations Committee for further action.
AB 3048 -
IHSS: Medical
Appointments
Author:
Assemblymember Mervyn Dymally (Democrat -
Compton)
What Bill Would
Do: Authorizes IHSS workers (providers) to receive wages up to one
hour per month to provide assistance to persons receiving IHSS and that the one
hour per month not be counted against the hours of service the IHSS consumer is
eligible to receive.
Action Taken 04/25/06: Passed by Assembly Human
Services Committee and referred to Assembly Appropriations Committee for further
action.
SB 1435 -
IHSS: Purchase of Services By
Persons Not Eligible
Author: Senator Deborah Ortiz (Democrat -
Sacramento)
What Bill Would
Do: Would require the Department of Social Services to conduct a 4 year
pilot project that would authorize persons not eligible to receive IHSS
services or Medi-Cal due to income, but with an income less than 300% above the
federal poverty level, to purchase those services in the three counties that
agree to participate in the pilot.
Action Taken 04/25/06: Passed by Senate Human
Services Committee and referred to Assembly Appropriations Committee for further
action.
SB 1660 -
IHSS Worker Wages &
Benefits
Author: Senator
Gloria Romero (Democrat - Los Angeles)
What Bill Would Do: Replaces existing state law
enacted in 2000, that provides for a $1 per hour raise for IHSS workers
(providers) each year for five years, with a overall wage cap, and a formula of
what the state and counties each contribute to cover the wage increase and
instead deletes that law but keeps the funding formula of what the state
contributes (65%) and what the counties contribute (35%) for any wage
increase.
Action Taken
04/25/06: Passed by Senate Human Services Committee and referred
to Assembly Appropriations Committee for further action.
NEXT STEPS
Assembly
Appropriations Committee: bills introduced in the Assembly and referred to
this committee must be heard and passed out and sent to the Assembly Floor on or
before May 26 (or the bill is considered "dead").
Senate Appropriations
Committee: bills introduced in the Senate and referred to this committee
must be heard and passed out and sent to the Assembly Floor on or before May 26
(or the bill is considered "dead").
CDCAN Capitol News
Reports and Alerts
These CDCAN Reports are partially funded by a small grant from
the USC UCEDD, Grant #90DD0540 from the Administration on Developmental
Disabilities. The opinions expressed or content in these reports do not
necessarily reflect the views or opinions of the USC UCEDD.
The California
Disability Community Action Network is a non-partisan link to tens of thousands
of Californians in every community, including people of color, people of every
type of disability, including people with physical disabilities, people with
developmental and other disabilities, people with traumatic brain and other
injures, people with mental health needs, seniors, people with MS, Alzheimer's
and others, and all of their families, community organizations and providers,
direct care and other workers, and other advocates. These action alerts and news
reports is for all of them. If you would like to get on this
distribution (and conversely, get off of it) please send an email with
that request to: martyomoto@rcip.com OR sign up via the NEW
CDCAN website at www.cdcan.us Sharing information is part of
our organizing effort. Please feel free to forward or copy this
(attribution is nice but not necessary). We're all in this together!
MANY
THANKS to Training Toward Self Reliance, UCP, California NAELA, Californians for
Disability Rights, Inc (CDR), CHANCE Inc, Parents Helping Parents, Arriba,
Strategies Toward Empowering People, Parents Helping Parents, Asian American
parents groups, Resources for Independent Living and many other Independent
Living Centers, several regional centers, People First chapters, IHSS workers,
other self advocacy and family support groups, developmental center families,
and hundreds of individuals including Bob Scrivano, Maureen Fitzgerald, Terri
Lantz, Christal Hopkins, Lisa Brown, Anna Wang, Dennis Dishaw, Bob Benson, David
Engberg, Connie Arnold, and so many others who through their support and
contributions, make the non-partisan CDCAN reports and townhall telemeetings
possible. Thanks also to partnerships and the good people with the State
Council on Developmental Disabilities, and also the Department of Health
Services, the Department of Developmental Services, Department of Social
Services and the CA Health and Human Services Agency and other agencies, and the
State Legislature and staff, the Legislative Analyst Office. Good people
who do good things can make a difference
together.