CDCAN News Report Gov Appoints Degadillo As Director of DDS

California Disability Community Action Network
DISABILITY RIGHTS NEWS REPORT
Advocacy Without Borders: Connecting People With Disabilities, Mental Health Needs, Seniors, Traumatic Brain & other injuries, People with MS & other health needs, Families, Workers, Providers, & Organizations to Rights & Unified Action
Report #053-2007 April 25, 2007 Wednesday REVISED
To respond to this email, reply to: martyomoto@rcip.com   CDCAN website: www.cdcan.us

California Legislature
* LEGISLATIVE DEADLINE OF APRIL 27th APPROACHES
* SENATE & ASSEMBLY ACT ON SEVERAL IHSS & IN-HOME BILLS
* IMPACT TO SENIORS, PEOPLE WITH DISABILITIES, WORKERS

SACRAMENTO - With a critical deadline (April 27) fast approaching to pass bills out of Senate or Assembly policy committees in order to stay alive this year, several bills impacting In-Home Supportive Services (IHSS), and other in-home care services and supports had action this past week. [see separate CDCAN reports focusing on bills on other issues, including Medi-Cal, Health Reform, Regional Center funded community based services, health facilities, education, etc or go to the CDCAN website at www.cdcan.us - watch for CDCAN Townhall Telemeeting that will focus on IHSS and supportive living services including problems with workers being paid on time, quality assurance, etc)

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. Over 320,000 persons, some of them family members, are IHSS workers (providers). Nearly all of the IHSS program is matched with federal Medicaid funds, that is also matched by State and local (county) funds.

IHSS - along with other critical services and supports, including regional center funded services, Medi-Cal, accessible housing and transportation, employment, accessible communities and education 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 that advocates say is recognized by the federal and state laws, and court decisions.

SOME LEGISLATIVE & BUDGET DATES TO WATCH
APR 27 - Last day for policy committees in either house of the Legislature to hear and report bills out that have some level of possible impact on state funding ("fiscal impact") and requires a hearing in the Senate or Assembly Appropriations Committees. Any such bill not heard or reported out of policy committee by this deadline is considered a "two year bill" - meaning no further action can be taken until next year.
MAY 09 - Assembly Budget Subcommittee on Health and Human Services at 1:30 PM - likely hearing date to hear Department of Developmental Services budget issues impacting regional centers and developmental centers (Agnews Developmental Center closure and transition issues were heard on April 11 along with In-Home Supportive Service budget issues)
MAY 11 - Deadline for policy committees in either house to hear and report out bills that have no impact on state funding.
MAY 14 - Governor scheduled to release revisions (called "May Revise") to his proposed budget for 2007-2008 that he submitted to the Legislature January 10.
JUN 01 - Last day for Senate and Assembly Appropriations Committee to hear and report out bills (bills not reported out by this deadline are considered a "two year bill")
JUN 08 - Last day for Senate to pass Senate bills out to the Assembly. Last day for Assembly to pass out Assembly bills out to the Senate.
JUN 18 - IHSS Quality Assurance Stakeholder Meeting by Department of Social Services, 10 AM to 12 PM, DTS Training Center, 9323 Tech Center Drive, Conference Room 2, Sacramento, CA 95826 Click here for more information about this meeting
JUN 15 - State Constitutional deadline to pass the State Budget (well...I thought I would list it anyway)
JUL 01 - Start of 2007-2008 State Budget Year

SUMMARY OF BILLS IMPACTING IN-HOME SUPPORTIVE SERVICES & HOME CARE
These are bills that had an action in either the State Senate or Assembly this week (April 23 and April 24). A full report will be issued on these and other issues impacting people with disabilities, seniors, people with mental health needs, traumatic brain and other injuries, people with MS and other health needs, their families, veterans with disabilities and mental health needs, workers, and other advocates and groups. Go to CDCAN website for latest information at www.cdcan.us

AB 459 - IHSS: BACKGROUND CHECKS
AUTHOR: Assemblymember Paul Cook (Republican - 65th District, Yucaipa)
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 IHSS worker (provider), potential personnel, or a child or adult 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 these provisions.
LATEST ACTION:
04/24/07 - Not heard in Assembly Human Services Committee
NEXT STEP: Remains in Assembly Human Services Committee. Must be heard and pass out of this committee on or before 04/27/07 or no further action until next year.
CDCAN COMMENT:
With deadline to pass bills that need to go to Appropriations Committees April 27, this bill will likely not have any further action this year. It is one of three bills dealing with background checks (AB 459, SB 692 and SB 868), though only SB 868 would prohibit charging a fee to either IHSS workers (providers) or persons receiving IHSS (recipients) for the background checks. Both SB 692 by Ashburn and SB 868 by Ridley-Thomas passed out of committee and were referred to Senate Appropriations Committee.

AB 836 - IHSS PAYROLL: EARNED INCOME TAX CREDIT NOTICE
AUTHOR: Assemblymember Karen Bass (Democrat - 47th District, Los Angeles)
CDCAN SUMMARY:
Would require the Controller, between January 1 and April 15 of each year, to include a notice on all payroll warrants issued to IHSS providers informing those providers that they may qualify for the federal earned income tax credit.
LATEST ACTIONS:
04/18/07 - PASSED out of Assembly Appropriations Committee by vote of 12-3 ("Do pass")
04/23/07 - On Assembly Floor for final vote ("read second time - to third reading")
NEXT STEPS: Must pass out of Assembly by 06/08/07 or no further action until next year.

AB 853 - HOME CARE SERVICES ACT OF 2007
AUTHOR: Assemblymember Dave Jones (Democrat - 9th District, Sacramento)
CDCAN SUMMARY:
* Would enact the Home Care Services Act of 2007 and would provide for the licensure and regulation of home care organizations, as defined in the bill, by the Department of Social Services.
* Would state that Home care services covered in this bill shall not include any of the following: services authorized to be provided by a licensed home health agency under Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code, services authorized to be provided by a licensed hospice pursuant to Chapter 8.5 (commencing with Section 1745) of Division 2 of the Health and Safety Code. services authorized to be provided by a licensed health facility pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, IHSS or In-home supportive services provided pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code.
* Nothing in this bill shall be construed to prohibit an individual from employing a home care aide without the assistance of a home care organization.
* Would impose various licensure requirements on a home care organization and would also impose a civil penalty on an individual or entity that operates a home care organization without a license.
ACTIONS:
04/17/07 - Amended on Assembly Floor with amendments by author and returned back to Assembly Human Services Committee
NEXT STEPS: Remains in Assembly Human Services Committee. No hearing date set. Must be heard and pass out of this committee on or before 04/27/07 or no further action until next year.

AB 921 - SOCIAL SERVICES: REQUESTS FOR HEARINGS
AUTHOR: Assemblymember Paul Krekorian (Democrat - 43rd District, Glendale)
CDCAN SUMMARY (as amended 04/18/07):
* Would permit hearing and rehearing requests beyond the specified time periods when there is a lack of notice of the decision or if good cause otherwise exists.
* Would permits a person to request an administrative hearing if he or she files a request after 90 days from the action complained of if the person did not receive adequate notice of the decision or for good cause.
* Would permits the (California) Department of Social Services to consider a request for a rehearing filed by a person later than 30 days after receiving the proposed hearing, final decision or director's decision if that person did not receive the proposed decision, final decision, or the Department of Social Services director's decision or for good cause.
* Requires the director of the Department of Social Services to deem a rehearing request approved if it is not acted on within the specified time period.
LATEST ACTIONS:
04/24/07: Passed out of Assembly Human Services Committee with recommendation "Do pass".
NEXT STEPS: Referred to Assembly Appropriations Committee. Must be heard and reported out by 06/01/07

AB 979 - IHSS - IDENTIFYING FUNDING FOR IHSS WORKER TRAINING
AUTHOR: Assemblymember Curren Price Jr (Democrat - 51st District, Inglewood)
CDCAN SUMMARY (as amended 04/16/07):
* Would require the Department of Social Services to identify and apply for all potential sources of federal funding for all aspects of the In-Home Supportive Services program, including funding for provider training.
* Would also require the Department of Social Services to work with other state departments and agencies for purposes of carrying out this bill, and would require the department, commencing March 1, 2009, and each year thereafter, to submit a report to the Governor and the Legislature detailing the sources of federal funding identified pursuant to these provisions .
LATEST ACTION:
04/24/07: PASSED out of Assembly Human Services Committee with recommendation "Do Pass".
NEXT STEP: Referred to Assembly Appropriations Committee. Must be heard and reported out by 06/01/07

AB 1386 - IHSS: HEALTH RELATED APPOINTMENTS AND TRAINING
AUTHOR: Assemblymember Curren Price Jr (Democrat - 51st District, Inglewood)
CDCAN SUMMARY
* Would define the scope of accompaniment of an In-Home Supportive Services worker (provider) to a health-related appointment of the person receiving IHSS services (recipient).
* Would require the Department of Social Services to develop a standardized curriculum and training materials, and to provide statewide training, on the components of the health related accompaniment task.
ACTIONS:
04/24/07 - Passed out of Assembly Human Services Committee with recommendation "Do Pass".
NEXT STEPS: Referred to Assembly Appropriations Committee. Must be heard and reported out by 06/01/07

AB 1434 - MEDI-CAL: HOME HEALTH AGENCIES RATE SETTING SYSTEM
AUTHOR: Assemblymember Mervyn Dymally (Democrat - 52nd District, Compton)
CDCAN SUMMARY (reflects 04/18/07 amendments)
Would require the Department of Health Care Services (formerly Department of Health Services) to implement a ratesetting system, subject to federal approval and the availability of federal funds, that reflects the costs and services associated with quality home health agency services.
ACTIONS:
04/10/07 - Passed out of Assembly Health Committee vote of 14-0 with recommendation "Do pass as amended"
04/18/07 - Amendments approved on Assembly Floor and referred to Assembly Appropriations Committee.
NEXT STEPS: To be heard in Assembly Appropriations Committee. Must be heard and reported out by 06/01/07

AB 1674 - IHSS : PILOT PROJECT
AUTHOR: Assemblymember Laura Richardson (Democrat - 55th District, Long Beach)
CDCAN SUMMARY (Reflects 04/17/07 amendments):
* Would require the Department of Social Services to conduct a pilot project in 5 consenting counties that administer the In-Home Supportive Services program through IHSS public authorities to 1,000 or more persons who are receiving IHSS (recipients) , to give certain IHSS recipients the choice to receive in-home supportive services either through the public authority or a contracting private nonprofit or proprietary agency .
* Would require the pilot project to be monitored by each participating county's IHSS advisory committee, established pursuant to existing law.
* Would require each participating county, by the end of the program's 3rd year, to evaluate the success of the pilot program, based on specified criteria.
ACTIONS:
04/24/07 - Passed out of Assembly Human Services Committee with recommendation "Do Pass".
NEXT STEPS: Referred to Assembly Appropriations Committee. Must be heard and reported out by 06/01/07
CDCAN COMMENT: This bill is similar at first glance to previous unsuccessful bills by Assemblymembers Levine (AB 652 died in committee) and Baca (AB 477 which was vetoed by the Governor October 2005), that called for pilot projects to allow persons not eligible for IHSS to paying for services instead under certain conditions. This bill however while similar in the concept of pilots, deals with existing persons receiving IHSS who would be given the option of receiving services from a IHSS public authority or a contracting private non-profit or other eligible agency, which in some respects is generally similar to previous bills dealing with workforce related pilots for regional center funded community-based services.

AJR 11 - RESOLUTION: IHSS INDEPENDENCE PLUS WAIVER
AUTHOR: Assemblymember Sandre Swanson (Democrat - 16th District, Oakland)
CDCAN SUMMARY:
Resolution that would encourage the (California) Department of Social Services, the Department of Health Care Services, the Secretary of California Health and Human Services Agency, and other relevant departments to work to ensure that the In-Home Supportive Services (IHSS) Plus Waiver is renewed and protected, and would urge the federal Centers for Medicaid and Medicare Services to renew the waiver.
LATEST ACTIONS:
04/24/07: PASSED out of Assembly Human Services Committee with recommendation "Be Adopted".
NEXT STEP: Referred to Assembly Appropriations Committee. Must be heard and reported out by 06/01/07

SB 269 - CALWORKS: HOME INVESTIGATIVE VISITS
AUTHOR: Sen. Tom McClintock (Republican
CDCAN SUMMARY:
Would require an investigator from the county district attorney's office to conduct an interview with and a walk-through at the home of each applicant for the CalWORKs program.
LATEST ACTIONS:
04/24/07: Failed passage in Senate Human Services Committee.
NEXT STEPS: Must be reported out of this committee on or before 04/27/07 or no further action can be taken on this bill this year.
CDCAN COMMENT: Barring a successful re-vote (called reconsideration) which is not likely next year, this bill is considered "dead". THough this bill doesn't directly impact In-Home Supportive Services or regional center funded community-based services, many CalWORK parents have disabilities a of the parents many have children with disabilities and mental health needs - with some number receiving regional funded services or other social services.

SB 692 - IHSS: BACKGROUND CHECKS
AUTHOR: Sen. Roy Ashburn (Republican - 18th District, Bakersfield)
CDCAN SUMMARY (does not reflect amendments made by committee 4/24/07):
* 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 IHSS worker (provider), potential personnel, or to a child or adult with disabilities, seniors or others 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 these provisions.
LATEST ACTION:
04/24/07: Passed out of Senate Public Safety Committee with recommendation "Do Pass as amended".
NEXT STEP: Referred to Senate Appropriations Committee. Must be heard and reported out by 06/01/07.
CDCAN COMMENT:
This is one of three bills dealing with background checks (AB 459, SB 692 and SB 868), though only SB 868 would prohibit charging a fee to either IHSS workers (providers) or persons receiving IHSS (recipients) for the background checks. Both SB 692 by Ashburn and SB 868 by Ridley-Thomas passed out of committee and were referred to Senate Appropriations Committee.

SB 782 - IHSS: FREEZE STATE PARTICIPATION (GOVERNOR'S PROPOSAL)
AUTHOR: State Sen. Dave Cogdill (Republican - 14th District, Fresno)
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 and any fiscal year thereafter, that the state participate in payment of the nonfederal share, as specified in this bill, in a total of In-Home Supportive Services worker wages and individual health benefits up to the level of wages and benefits approved for each county on or before the effective date of the 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 State Budget Act or other subsequent legislation for this purpose.
* Would declare that it is to take effect immediately as an urgency statute.
ACTIONS
03/28/07 - Testimony taken in Senate Labor and Industrial Relations Committee. Further hearing to be set.
NEXT STEPS: Bill remains in committee and must pass out of this committee on or before April 27, unless legislative rules are waived, or it cannot have further action this year/.
CDCAN COMMENT:
* Though this bill has not had an action since March 28, due to interest in the issue, it is reported here
* While no action in any budget year is absolutely final until a budget is signed by the Governor, with the vote to firmly reject the Governor's IHSS funding freeze proposals by the Assembly Budget Subcommittee on Health and Human Services April 11th and its counterpart in the Senate, the Senate Budget Subcommittee on Health, Human Services, Labor and Veterans Affairs on April 19, this bill is all but dead.
* This is the Governor's budget proposal (for budget year that begins July 1, 2007 and ends June 30, 2008) and sponsored by the Department of Social Services.
* Originally the Department of Social Services thought it could impose the freeze without legislation and retroactive when the Governor first announced his budget plan on January 10. Since then - and after two CDCAN Townhall Telemeetings that included department officials, they announced that legislation would be introduced - and the freeze, if approved by the Legislature, would not be retroactive, but go into effect upon enactment of the bill.
* The bill differs from the Governor's original proposal also in that it would allow for increases as a result of increases in the state minimum wages.

SB 867 - IHSS: LONG TERM CARE INTEGRATION PILOT PROJECT
AUTHOR: Sen. Mark Ridley-Thomas (Democrat - 26th District, Los Angeles)
CDCAN SUMMARY:
* Would authorize a person who receives In-Home Supportive Services and who receives personal care and in-home services through a long-term care integration pilot project, which existing law authorizes in up to 5 pilot project sites in the state, to select his or her own service provider, subject to program requirements.
* Would authorize a person receiving IHSS who receives personal care and in-home services through Access for Infants and Mothers Program (AIM), the Healthy Families Program, Major Risk Medical Insurance Program (MRMIP), or any publicly funded program enacted prior to, or on or after, January 1, 2008, to select his or her own service provider, subject to program requirements.
LATEST ACTIONS:
04/24/07: Passed out of Senate Human Services Committee with recommendation "Do Pass".
NEXT STEP: Referred to Senate Appropriations Committee. Must be heard and reported out by 06/01/07

SB 868 - IHSS - BACKGROUND CHECKS
AUTHOR: Sen. Mark Ridley-Thomas (Democrat - 26th District, Los Angeles)
CDCAN SUMMARY [does not reflect 04/24/07 amendments]
* 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 IHSS nonprofit consortium or public authority.
* Would prohibit a fee from being charged to a IHSS worker (provider), potential personnel, or to a child or adult 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 these provisions.
* Would provide that it is not to be construed to prohibit the Department of Justice from assessing a fee to cover the cost of furnishing summary criminal history information pursuant to existing law.
LATEST ACTION:
04/24/07 - Passed out of Senate Public Safety Committee with recommendation "Do Pass as amended and refer to Appropriations Committee".
NEXT STEP: Referred to Senate Appropriations Committee. Must be heard and reported out by 06/01/07.
CDCAN COMMENT:
This is one of three bills dealing with background checks (AB 459, SB 692 and SB 868), though only SB 868 would prohibit charging a fee to either IHSS workers (providers) or persons receiving IHSS (recipients) for the background checks. Both SB 692 by Ashburn and SB 868 by Ridley-Thomas passed out of committee and were referred to Senate Appropriations Committee.

SB 945 - IHSS: NOTICES OF ACTION
AUTHOR: Sen. Alex Padilla (Democrat - 20th District, San Fernando Valley)
CDCAN SUMMARY (Reflects 04/17/07 amendments):
* Would permit a person receiving In-Home Supportive Services (recipient), at any time and in writing , to authorize a family member of the recipient or the recipient's in-home supportive services provider to receive a copy of the notice of action and to request a hearing, as specified .
* Would authorize the person receiving IHSS to revoke an authorization, at any time and in writing, and also would provide for the automatic revocation of the authorization of an in-home supportive services provider who ceases to work for the recipient .LATEST ACTION:
04/24/07: PASSED out of Senate Human Services Committee with recommendation "Do Pass as amended and refer to Senate Judiciary Committee".
NEXT STEP: Referred to Senate Judiciary Committee. Must be heard and reported out of committee on or before 04/27.07 and then referred to Senate Appropriations Committee and reported out of that committee on or before 06/01/07.

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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.