CDCAN DISABILITY RIGHTS NEWS REPORT
Report #050-2007  April 18, 2007 - Wednesday morning
To respond to this email, reply to: martyomoto@rcip.com   CDCAN website:  www.cdcan.us

Prayers & Thoughts to Victims, Survivors & Families of Virginia Tech

California State Budget:
* SENATE BUDGET HEARING ON SSI/SSP, CAPI & IHSS 4/19
* HEARING AGENDA AND ATTACHMENTS RELEASED
* BIG CROWD EXPECTED TO SUPPORT SSI/SSP & CAPI PROGRAMS
* ADVOCATES TO OPPOSE GOV'S IHSS FUNDING FREEZE PROPOSAL
* WILL URGE SUBCOMMITTEE TO FOLLOW ASSEMBLY ACTION

SACRAMENTO  -  A large crowd of persons with disabilities, seniors, their families, IHSS workers and other advocates are expected for the Senate Budget Subcommittee #3 on Health, Human Services, Labor and Veteran Affairs hearing, to be held  April 19 (Thursday) at the State Capitol in Room 4203, and focusing on SSI/SSP (Supplemental Security Income/State Supplemental Payment) and budget items relating to In-Home Supportive Services (IHSS).  The hearing will start sometime after 09:30 AM, whenever the Senate Floor session ends (the Senate is not expected to stay in session long on Thursday).
For more information about the hearing and the CDCAN alert, go to the CDCAN website at www.cdcan.us

For copies click on the links below (to the CDCAN website)  or go to www.cdcan.us:
Click here for 04/19/07 Subcommittee hearing agenda
Click here for 04/19/07 Subcommittee hearing attachment 1
Click here for 04/19/07 Subcommittee hearing attachment 2
Click here for 04/19/07 Subcommittee hearing attachment 3

Senate Health and Human Services Budget Subcommittee Members
*  The 3 members Senate Budget Subcommittee #3 on Health, Human Services, Labor & Veteran Affairs are:
Democrats (2):  Elaine Alquist (Democrat - San Jose, 13th District) - chair, and Alex Padilla (Democrat - Pacoima, 20th District)
Republican (1): Dave Cogdill (Republican - Modesto, 14th District).

Assembly Previously Rejected Governor's IHSS Funding Freeze Proposal April 11th
* The April 11th Assembly Budget Subcommittee vote on the IHSS budget issue  was a stunning rejection of Schwarzenegger Administration because  neither of the subcommittee's two Republicans - both conservatives -  voted to support the Governor's plan.  Assemblymember Bill Maze (Republican - Visalia, 34th District)  voted to abstain as he wanted to keep the issue open until the Governor submits revisions in May to his proposed budget for 2007-2008 - but even Maze, a conservative Republican, expressed reservations about the Governor's proposal. 
* Assemblymember John Benoit (Republican - Riverside, 64th District) either voted with the Democrats to oppose the Governor's proposal or withheld his vote as Maze did (during the hearing, as CDCAN reported earlier, it sounded and appeared that Benoit voted "aye" - though later unofficial committee records seem to indicate he either abstained or did not vote (though he was present). 
* The Assembly subcommittee did not hear SSI/SSP or Cash Assistance for Immigrants Program issues, which it will hear on May 2.  The Governor's current budget proposal does not contain any reductions to SSI/SSP - though advocates are worried that the revisions that come out to the proposed budget in May by the Governor may contain cuts in the form of extending suspension of the State cost of living portion of the grants. 
* Advocates are sure to push for the Senate subcommittee to do what  the Assembly Budget Subcommittee on Health and Human Services did on April 11, and firmly reject the Governor's budget proposal that would freeze the level of State funding (also called "participation") for IHSS worker (provider) wages and benefits at the level it would was as of January 10, 2007 (note: the effective date has been revised in separate legislation, SB 782, to be whenever the legislature passes - an unlikely event now - and the Governor approves it). 

Summary of the Senate Subcommittee April 19 Agenda
Below is a summary of the subcommittee hearing agenda (see CDCAN website at www.cdcan.us for copies) with the issues under "Discussion Agenda") Items #1 on SSI/SSP, #3 on Governor's IHSS Funding Freeze proposal and #4 on an update/assessment of the existing IHSS Quality Assurance Program likely to draw the greatest number of people interested in the issue and who may want to testify

For Vote Only Items (non-controversial budget items)
California Department of Social Services (Budget Code #5180) Items:
1. Continuation of Gresher v. Anderson Court Order
2. Continuing Education Online
3. Child Care Facilities – Parental Notification
4. Health and Care Facilities: Background Checks
Discussion Agenda
California Department of Social Services (Budget Code #5180) Items:
5180 California Department of Social Services
1. Supplemental Security Income/State Supplementary Program (SSI/SSP) and Cash Assistance Program for Immigrants (CAPI)
2. In-Home Supportive Services (IHSS) Caseload
3. Freeze State Participation in IHSS Worker (Provider) Wages [Governor's proposal]
4. Assessment of Quality Assurance (QA) Initiative
5. Update on the Implementation of Direct Deposit.
6. Adult Protective Services
7. Community Care Licensing Facilities Inspections
8. Licensing Reform Automation
9. County Costs for Operating Social Services Programs
California Health and Human Services Agency (Budget Code #0530) Items:
Office of System Integration
1. Statewide Automated Welfare System (SAWS)
2. County Equipment Replacement and User Support
3. Case Management, Information and Payrolling System (CMIPS) II Procurement

Background on In-Home Supportive Services (IHSS)
* Governor proposed as part of the his proposed State budget for 2007-2008 released January 10, to freeze the level of the State's funding (also called "participation") for IHSS worker wages and benefits at the level it was as of January 10, 2007 [note: the actual effective date of the freeze if the proposal was passed, would be whenever the Legislature passed legislation and the Governor approved it. ) .
* While not specifically rolling back or freezing IHSS worker wages, the impact of the Governor's proposal, according to advocates, would be to freeze State funding to the counties for the main costs of the IHSS program - and counties will  be unable to provide the additional funding for future IHSS worker wage and benefit increases.
* Assembly Budget Subcommittee on Health and Human Services on April 11, 2007 voted to reject the Governor's IHSS funding freeze proposal -   a stunning rejection because  neither of the subcommittee's two Republicans - both conservatives -  voted to support the Governor's plan.  Assemblymember Bill Maze (Republican - Visalia, 34th District)  voted to abstain as he wanted to keep the issue open until the Governor submits revisions in May to his proposed budget for 2007-2008 - but even Maze, a conservative Republican, expressed reservations about the Governor's proposal.  Assembly budget subcommittee chair Patty Berg said that the Governor's IHSS proposal was "so out of step" in the values and priorities of California that it "had to be rejected now". 
* There are other IHSS budget issues and proposals - some by California Association of Public Authorities, IHSS worker unions (SEIU and United Domestic Workers) regarding training, and provider pay, and update on IHSS quality assurance. 
* Over 370,000 children and adults with disabilities (including developmental), seniors, persons with traumatic brain and other injuries, persons with MS and other health needs, the Blind and others receive In-Home Supportive Services that allows them to remain in their own homes instead placement in a nursing home or similar facility.  IHSS is considered by advocates and many policy makers as a key component of a person's right to live in their own home and community - a right recognized by the federal and state laws, and court decisions. 
* Over 320,000 persons, some of them family members, are IHSS workers (providers). 

Background SSI/SSP (& also Cash Assistance Program for Immigrants or CAPI)

* The Supplemental Security Income/State Supplementary Program (SSI/SSP) provides cash grants to persons who are elderly, blind and/or persons with disabilities  too disabled to work and who meet the program’s federal income and resource requirements. Persons who receive SSI/SSP are eligible for IHSS, "categorically eligible" for Medi-Cal's Aged, Blind or Disabled Program with no share of cost.
* The Governor's proposed budget currently fully funds the cost of living increases and adjustments for the federal SSI and state SSP portion (4.2%)  of the grants that would take effect January 1, 2008.  The SSP cost of living increases were suspended as part of the 2005 State Budget for two years (January 1, 2006 and January 1, 2007).  The Legislature last year rejected the Governor's proposal to withhold federal increases to SSI recipients - and this year actually proposed to pass on the increases - and the State increases in January. 
* As of January 2007, the maximum grant is $856 per month for eligible seniors or person with disabilities living independently and $1,565 per month for a couple living independently. If the Legislature passes the Governor's SSI/SSP budget proposal as it was submitted January 10, 2007, the maximum SSI/SSP grants would increase on January 1, 2008 from $856 to $892 for individuals and $1,502 to $1,565 for couples. 
* The Cash Assistance Program for Immigrants was established in 1997 to provide cash benefits to persons who are legal immigrants who are seniors, blind or have disabilities and who became  ineligible for SSI as a result of welfare reform.  CAPI
grants are $10 less than SSI/SSP grants for individuals and $20 less than SSI/SSP grants for couples. About 11,400 persons are enrolled in the Cash Assistance Program Immigrants program. 
* For 2005-2006 an annual average of 1,212,139 persons with disabilities, seniors, the blind were receiving SSI/SPP. Of that total an average of 356,886 were seniors, 21,679 were persons who are blind and 833,574 were persons with disabilities (including children and adults with developmental disabilities).

Advocates Raising Concerns About SSI/SSP & CAPI Funding - And Gov's IHSS Funding Proposals
* Advocates, including CDCAN are concerned that with a worsening state budget situation, that the Governor may propose a partial suspension or worse of the cost of living increase of the SSP portion of the grant next year. 
* There is no official word on that - but advocates and CDCAN will urge that both subcommittees reject any proposal that would suspend or withhold SSI/SSP cost of living adjustments, and any proposal that would reduce funding for Cash Assistance Program for Immigrants
* CDCAN and other advocates are urging that the Senate Subcommittee to reject (on April 19 and not delay action) the Governor's proposed IHSS funding freeze proposals as the Assembly Budget Subcommittee on Health and Human Services did on April 11th. 

* Advocates, including CDCAN (see CDCAN alert at www.cdcan.us) to come to the subcommittee hearing April 19th and provide very very brief testimony, or call the subcommittee members to urge them to take action to reject the Governor's IHSS funding freeze proposals and also for the subcommittee to approve the Governor's SSI/SSP budget proposals as proposed January 10, 2007 - and to reject any cuts to SSI/SSP or Cash Assistance for Immigrants Program if proposed later (Assembly Budget Subcommittee will hear the SSI/SSP issue on May 2)

Next Steps - Pressure on Senate to Reject Governor's IHSS Proposal April 19th
* If the Senate subcommittee takes the same action as the Assembly, the issue would largely be dead (though anything can happen during the budget process).  [see CDCAN Alert on this and special townhall telemeeting]
* The action by the Assembly signals that the related legislative bill, SB 782 by Sen. Cogdill that contains a slightly revised version of the Governor's IHSS proposal, is also likely dead. The Schwarzenegger Administration indicated in January that it would introduce legislation to change State laws in order to move forward with its proposal to freeze IHSS state funding - though the proposal itself would also be the subject of separate budget hearings. 
* That bill was introduced and referred to the Senate Labor and Industrial Relations Committee for a policy review of the issue - but with the strong Assembly action the issue at least in the bill, is all but dead. The bill was heard Mach 28, with testimony taken - but no action taken and the bill was held in committee, with a further hearing to be set (though as of 4/12/07 no date has been scheduled). 


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MANY THANKS to Training Toward Self Reliance, UCP, California NAELA, Californians for Disability Rights, Inc (CDR) including CDR chapters, CHANCE Inc, 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.