CDCAN REPORT #031-2007
February 26, 2007 Monday
Edited/Written By: MARTY OMOTO, Director/Organizer
To Respond to THIS report reply to:
martyomoto@rcip.com
California Legislature
* SB 782
Introduced by Republican Sen. Cogdill
* Contains Governor's State IHSS Participation Freeze Proposal
* Update on Other IHSS Related Bills
SACRAMENTO - Republican State Sen. Dave Cogdill introduced on
Friday the Schwarzenegger Administration bill that proposes to freeze the level
of the State's participation (or contribution) for In-Home Supportive Services
wages and benefits. The bill, SB 782, is an urgency bill, meaning it would
require 2/3rds vote in both the Assembly and State Senate to pass, and would
take effect immediately. [note: a CDCAN report on other bills covering other
areas will be released throughout today and also will be posted on the CDCAN
website at
www.cdcan.us A CDCAN townhall telemeeting covering this and other critical
IHSS issues will be scheduled very soon including state officials, union and
public authority representatives, advocates, persons with disabilities, mental
health needs, seniors and their families and other organizations]
In-Home Supportive Services provides in-home care to over 370,000 children and
adults with disabilities (including developmental), seniors, persons who are
blind. Well over 300,000 persons are IHSS workers across the State. Funding for
the program comes from the counties, State and the federal government under
Medicaid.
Proposal Would Freeze State's Participation Toward Wages
* The Schwarzenegger Administration in late January backed off from the
Governor's initial proposal that assumed it could freeze the level of the
State's participation without new legislation - and in subsequent meetings with
advocates, including a CDCAN Townhall Telemeeting, said it would introduce
legislation during the regular session.
* It also includes provisions for the Legislature to make exceptions to the
freeze, including increases in the State minimum wage.
* The proposal by itself does not freeze IHSS worker wages or benefits - but the
participation or funding that the State gives to help pay for those costs.
* The Schwarzenegger Administration says the counties are free to raise worker
wages and benefits though they would have to fund those increases with their own
funds or additional funds it can get from the federal government.
* Advocates says however that counties are financially strapped and the impact
of this proposal would be to freeze wages and create a significant problem of
availability of IHSS workers, already low paid.
CDCAN SUMMARY OF IHSS RELATED BILLS (TO DATE)
SB 692 - IHSS: CRIMINAL BACKGROUND CHECKS
AUTHOR: Sen. Roy Ashburn (Republican - Bakersfield, 18th District)
CDCAN SUMMARY:
* Would authorize the investigation of certain potential In-Home Supportive
Services personnel by a IHSS nonprofit consortium or public authority to include
criminal background checks conducted by the California Department of Justice or,
in certain circumstances, by an investigative consumer reporting agency, upon
the request of the nonprofit consortium or public authority, and upon written
authorization by the potential personnel.
* Would authorize a nonprofit consortium or a public authority to charge a fee
to a IHSS worker (provider), potential personnel, or a person receiving IHSS
services (recipient) to cover any cost related to administering requirements
with respect to an investigation, or the costs to certain entities or processing
a criminal background check, under these provisions.
http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0651-0700/sb_692_bill_20070223_introduced.html
BACKGROUND: Current versions SB 692 and AB 459 and essentially identical.
SB 868 (as introduced) covers similar topic but prohibits charging fees to the
worker, potential worker or to the person receiving IHSS services.
LATEST ACTION 02/23/07: Introduced in State Senate.
SB 782 - IHSS: WORKER WAGES & BENEFIT INCREASES
AUTHOR: Sen. Dave Cogdill (Republican - Fresno, 14th District)
CDCAN SUMMARY:
* Would eliminate the formula for state participation in provider wage and
benefit increases.
* Would, instead, require, for the remainder of the 2006-07 fiscal year (July 1,
2006 to June 30, 2007) and any fiscal
year after, that the state participate in payment of the nonfederal share, as
specified, in a total of IHSS wages and individual
health benefits up to the level of wages and benefits approved for each county
on or before the effective date of this bill.
* Would allow for increases in state participation, as necessary to accommodate
increases in the state minimum wage, or upon
appropriation of funds in the Budget Act or other subsequent legislation for
this purpose.
* Would declare that it is to take effect immediately as an urgency (emergency)
statute.
http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0751-0800/sb_782_bill_20070223_introduced.html
BACKGROUND: Requires 2/3rd vote on floor of both houses. This bill is
essentially what the Governor proposed as part of his budget for the 2007-2008
State Budget.
LATEST ACTION 02/23/07: Introduced in State Senate.
SB 867 - IHSS: LONG TERM INTEGRATION PILOT PROJECTS
AUTHOR: Sen. Mark Ridley-Thomas (Democrat - Los Angeles, 26th District
CDCAN SUMMARY:
* Would authorize a person receiving In-Home Supportive Services who receives
personal care and in-home services through a long-term care integration pilot
project to select his or her own IHSS worker (provider), subject to program
requirements.
* Would authorize a person receiving IHSS services who receives personal care
and in-home services through Access for Infants and Mothers program (AIM), the
Healthy Families Program, the Major Risk Medical Insurance Program (MRMIP) or
any publicly funded program enacted before, or on, or after January 1, 2008, to
select his or own IHSS worker (provider), subject to the program requirements.
http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0851-0900/sb_867_bill_20070223_introduced.html
LATEST ACTION 02/23/07: Introduced in State Senate.
SB 868 - IHSS: CRIMINAL BACKGROUND CHECKS
AUTHOR: Sen. Mark Ridley-Thomas (Democrat - Los Angeles, 26th District)
CDCAN SUMMARY:
* Would authorize the investigation of certain
potential In-Home Supportive Services personnel by a nonprofit consortium or
public authority to include criminal background checks conducted by the
Department of Justice or, in certain circumstances, by an investigative consumer
reporting agency, upon the request of the nonprofit consortium or public
authority.
* Would prohibit a fee from being charged to a IHSS worker (provider), potential
personnel, or a person receiving IHSS services (recipient) to cover any cost
related to administering requirements with respect to an investigation, or the
costs to certain entities for processing a criminal background check, under the
provisions of this bill.
* Does not prohibit the California Department of Justice from assessing a fee to
cover the cost of furnishing summary criminal history information pursuant to
existing law.
http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0851-0900/sb_868_bill_20070223_introduced.html
BACKGROUND:
Current versions SB 692 and AB 459 and essentially
identical. SB 868 (as introduced) covers similar topic but prohibits charging
fees to the worker, potential worker or to the person receiving IHSS services.
LATEST ACTION 02/23/07: Introduced in State Senate.
SB 945 - IHSS: NOTICES OF ACTION
AUTHOR: Sen. Alex Padilla (Democrat - San Fernando Valley, 20th District
CDCAN SUMMARY::
Would authorize at any time, a person receiving In-Home Supportive Services
to authorize his or her IHSS worker (provider) to be their advocate and
authorized representative for purposes of receiving notices of action and
requesting hearings to challenge those notices of actions.
Would require a IHSS worker (provider) who has worked for a IHSS recipient for 6
months or longer, and who is not an authorized representative or advocate of the
recipient, to be recognized as an expert witness regarding the IHSS recipient's
individual needs during the hearing proceedings.
http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0901-0950/sb_945_bill_20070223_introduced.html
BACKGROUND: Under current State law, an action concerning a change in IHSS
services, the Department of Social Services under the California Health and
Human Services Agency, is required to send to the IHSS recipient impacted an
official notice of action, and that person (or through an authorized
representative) can request a hearing from the Department.
LATEST ACTION 02/23/07: Introduced in State Senate.
AB 182 - IHSS: TRAINING OF WORKERS & RECIPIENTS
AUTHOR: Assemblymember Fiona Ma (Democrat - San Francisco, 12th District)
CDCAN SUMMARY:
* Would require the Department of Social Services, in consultation with
counties and stakeholders, to develop a
standardized training curriculum and materials, which shall be used by a IHSS
nonprofit consortium contracting with the county or public authority in
providing this training.
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_0151-0200/ab_182_bill_20070124_introduced.html
BACKGROUND:
LATEST ACTION 02/09/07: Referred to Assembly Human Services
Committee for hearing.
AB 238 - IHSS: READING FOR BLIND & PERSONS VISUALLY IMPAIRED
AUTHOR: Assemblymember Jim Beall (Democrat - San Jose, 24th District)
CDCAN SUMMARY:
* Would require the provision of designated reading assistance services to a
person receiving In-Home Supportive Services who is blind or visually impaired,
or has another disability that affects his or her ability to read.
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_0201-0250/ab_238_bill_20070131_introduced.html
BACKGROUND: Existing State law requires county welfare departments to
provide persons who are blind or visually impaired receiving or applying for
IHSS services with information on, and referral services to, entities that
provide
reading services to visually impaired persons.
LATEST ACTION 01/31/07: Introduced in Assembly
AB 417 - IHSS: REGIONAL HEALTH AUTHORITY (SAN LUIS OBISPO/SANTA BARBARA)
AUTHOR: Assemblymember Sam Blakeslee (Republican - San Luis Obispo, 33rd
District)
CDCAN SUMMARY:
* Would rename the Santa Barbara County Regional Health Authority as the
Santa Barbara - San Luis Obispo Regional Health Authority and would permit the
authority, upon authorization by the Board of Supervisors of San Luis Obispo
County, to provide a health care system in San Luis Obispo County.
* Would revise the membership of the board of directors of the Authority to
reduce the number of directors appointed by the Board of Supervisors of Santa
Barbara County and to add directors appointed by the Board of Supervisors of San
Luis Obispo County
* Would authorize the boards of supervisors to review and to approve, modify,
reflect, or repeal major administrative decisions of the authority, as
specified.
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_0401-0450/ab_417_bill_20070216_introduced.html
BACKGROUND: Existing State law authorizes the Board of Supervisors of
the County of Santa Barbara to order the formation of the "Santa Barbara
Regional Health Authority" that shall include all of the areas of the county,
and provides medical services by the authority within the service area of Santa
Barbara County and those counties connected to Santa Barbara County.
Existing State law permits the Authority to provide a health care system in a
county connected to the County of Santa Barbara when authorized by resolution of
the other county's board of supervisors.
LATEST ACTION 02/15/07: Introduced in Assembly
AB 459 - IHSS: WORKER - CRIMINAL BACKGROUND CHECK
AUTHOR: Assemblymember Paul Cook (Republican - Yucaipa, 65th District)
CDCAN SUMMARY:
* Would authorize the investigation of
certain potential In-Home Supportive Services personnel by a IHSS nonprofit
consortium or public authority to include criminal background checks conducted
by the California Department of Justice or,
in certain circumstances, by an investigative consumer reporting agency, upon
the request of the nonprofit consortium or public authority, and upon written
authorization by the potential personnel.
* Would authorize a IHSS nonprofit consortium or a public authority to charge a
fee to a provider, potential personnel, or a person receiving IHSS services
(recipient) to cover any cost related to administering requirements with respect
to an investigation, or the costs to certain entities for processing a criminal
background check under this bill.
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_0451-0500/ab_459_bill_20070220_introduced.html
BACKGROUND: Current versions SB 692 and AB 459 and essentially
identical. SB 868 (as introduced) covers similar topic but prohibits charging
fees to the worker, potential worker or to the person receiving IHSS services.
LATEST ACTION 02/20/07: Introduced in Assembly
AB 836 - IHSS: WORKER - INFO FROM STATE CONTROLLER
AUTHOR: Assemblymember Karen Bass (Democrat - Los Angeles, 47th District)
CDCAN SUMMARY:
* Would require the State Controller, between January 1 and April 15 of each
year, to include a notice on all payroll warrants
issued to IHSS workers (providers) informing them that they may qualify for the
federal earned income tax credit.
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_0801-0850/ab_836_bill_20070222_introduced.html
LATEST ACTION 02/22/07: Introduced in Assembly
AB 979 - IHSS: FEDERAL FUNDING FOR WORKER TRAINING
AUTHOR: Assemblymember Curren Price (Democrat - Inglewood, 51st District)
CDCAN SUMMARY:
* Would require the Department of Social
Services to seek federal funding for IHSS worker (provider) training.
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_0951-1000/ab_979_bill_20070222_introduced.html
LATEST ACTION 02/22/07: Introduced in Assembly
AB 1386 - IHSS: ASSISTANCE DURING HEALTH RELATED APPOINTMENTS & TRAINING
AUTHOR: Assemblymember Curren Price (Democrat - Inglewood, 51st District)
CDCAN SUMMARY:
* Would define the scope of accompaniment to a health related appointment to
include the following (to the extend allowed under federal law):
* Accompaniment by a IHSS worker (provider) to a health-related appointment
shall include the actual amount of
time when the IHSS worker's presence is required or needed to accomplish the
travel to and from the appointment and to provide necessary assistance during
the appointment.
* The Department of Social Services shall adopt regulations to implement this
section by March 30, 2009 and seek input from those entities listed in Section
12305.72 when developing regulations.
* Would require the Department of Social Services to develop a standardized
training curriculum and materials, and to provide statewide training, on the
components of the medical accompaniment task.
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_1351-1400/ab_1386_bill_20070223_introduced.html
LATEST ACTION 02/23/07: Introduced in Assembly
AB 1674 - IHSS: PILOT PROJECT - IHSS WORKER SELECTION
AUTHOR: Assemblymember Laura Richardson (Democrat - Long Beach, 55th District)
CDCAN SUMMARY::
Would require the California Department of Social Services to conduct a pilot
project in 5 counties (who voluntarily apply), to give certain persons who
receive In-Home Supportive Services (recipients) the choice of self-directing
their care with an existing IHSS worker (provider), or using the support of a
provider organization, as specified in the bill.
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_1651-1700/ab_1674_bill_20070223_introduced.html
LATEST ACTION 02/23/07: Introduced in Assembly
AB 1704 - IHSS
AUTHOR: Assemblymember Doug La Malfa (Republican - Redding, 2nd District)
CDCAN SUMMARY::
Would make technical, non substantive (not major) changes to current State
law impacting In-Home Supportive Services.
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_1701-1750/ab_1704_bill_20070223_introduced.html
BACKGROUND: This could be a bill that later is used to introduce major or
significant changes to IHSS later.
LATEST ACTION 02/23/07: Introduced in Assembly
AJR 11 - IHSS: INDEPENDENCE PLUS WAIVER RESOLUTION
AUTHOR: Assemblymember Sandre Swanson (Democrat - Oakland, 16th District)
CDCAN SUMMARY:
This is a resolution - not a bill.
* Would encourage the California Department of Social Services, the Department
of Health Care Services, the Secretary of
California Health and Human Services, and other departments to work to ensure
that the In-Home Supportive Services (IHSS) Plus Medicaid Waiver is renewed and
protected, and would urge the federal Centers for Medicaid and Medicare Services
to renew the waiver, set to expire July 2009
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_0001-0050/ajr_11_bill_20070220_introduced.html
BACKGROUND: This waiver provides federal Medicaid funding for what was once
a state and county funded program of IHSS - called the "residual program" .
This program included children and adults with developmental and other
disabilities, who receive IHSS services from a parent or spouse. This program
in 2003, was slated for elimination by the Governor in the 2004-2005 Budget.
Later in the budget year, following protests and a search for other funding,
both the Schwarzenegger Administration and the Legislature worked together and
won approval for federal funding for the program (called a "waiver" or an
exception to existing Medicaid rules).
LATEST ACTION 02/20/07: Introduced in Assembly
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The California Disability Community Action Network is a non-partisan network connecting 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 injuries, people with mental health needs, seniors, people with MS, Alzheimer's and others, and families, community organizations and providers, in-home, direct care and other workers, and other advocates.
MANY THANKS to Training Toward Self Reliance, UCP, California NAELA, Californians for Disability Rights, Inc (CDR), Parents Helping Parents, Arriba, Strategies To Empower 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. 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.