The US Supreme Court’s 20 page opinion written by Justice Stephen Breyer sent the three Medi-Cal provider rate reduction cases for further review back to the US 9th Circuit Court of Appeals, keeping those lawsuits alive – and for now, the lower court orders from those cases that continue to block the State from implementing Medi-Cal provider reductions.
In a narrow 5 to 4 decision, the US Supreme Court sent the three Medi-Cal cases back to the US 9th Circuit Court of Appeals for further review, keeping those lawsuits alive – and for now, the lower court orders from those cases that continue to block the State from implementing Medi-Cal provider reductions. Linked to those three Medi-Cal cases are several other Medi-Cal related cases, including a 2009 lawsuit that blocked the State from rolling back State funding for In-Home Supportive Services (IHSS) worker wages. [CDCAN will issue a more detailed report later this morning on the US Supreme Court ruling]
The California Department of Health Care Services, the state agency that oversees California’s Medi-Cal program, announced today that the elimination of the Adult Day Health Care Medi-Cal benefit will be delayed until March 31. With elimination originally scheduled for February 29th, the news impacts over 37,000 people with disabilities and seniors who use the Adult Day Health Care Medi-Cal benefit, and over 300 Adult Day Health Centers who employ several thousands of staff across the state to provide the service.
Long time disability advocate Randy Horton of Los Angeles County, passed away February 9th, it was announced yesterday by his mother. No details on the cause of his death or of any pending memorial services. Also included is the latest update on scheduled public legislative hearings and meetings by various state agencies that have some impact on people with disabilities, mental health needs, the blind, seniors or low income families.
The following is the latest update on scheduled public legislative hearings and meetings by various state agencies that have some impact on people with disabilities, mental health needs, the blind, seniors or low income families. CDCAN will issue an updated schedule every Monday on these statewide meetings.
A US district court judge gave final approval of a settlement of a federal lawsuit that requires the Brown Administration to create a new version of adult day health care, called "Community-Based Adult Services" under Medi-Cal managed health care that will replace the existing Adult Day Health Care Medi-Cal benefit effective March 1, 2012. The existing Adult Day Health Care Medi-Cal benefit will be eliminated effective February 29, 2012.
The Department of Developmental Services released its third update report, covering progress between January 1, 2010 to December 1, 2011, on the closure process of Lanterman Developmental Center in Pomona, where just over 290 people with developmental disabilities reside in the 82 year old state owned and operated health facility.
The Senate Budget and Fiscal Review Committee will hold three informational hearings in February and March, including a February 23rd hearing focusing on the Governor's controversial proposals that include shifting persons with disabilities and seniors eligible for both Medicare and Medi-Cal into Medi-Cal managed care plans. That hearing will also hear the impact of the Governor's proposal to make In-Home Supportive Services, a Medi-Cal managed care benefit for those persons beginning next January, and also the impact on the Multi-Purpose Senior Services (MSSP) programs. Senate budget staff said there will be time for public comment.
A federal district court judge in Oakland issued a court order to continue blocking the Brown Administration and the federal government from taking any steps to implement the 20% across-the-board reduction in service hours for those who receive In-Home Supportive Services (IHSS). US District Court Judge Claudia Wilken issued the court order, called a "preliminary injunction," during the hearing held today in her court room in Oakland. The State will likely appeal the court order. The order issued today by Judge Wilken remains in effect unless a higher federal court, in this case the US 9th Circuit Court of Appeals or the US Supreme Court, decides to reverse it; or if Judge Wilken decides at a later date to modify (change) it in some way.
A federal district court judge in Oakland is scheduled to consider whether to issue a more permanent court order to continue stopping the Brown Administration from taking any steps to implement a 20% across-the-board reduction in service hours that would total over $100 million in cuts in State general fund spending for those who receive In-Home Supportive Services (IHSS).
A general overview of Governor Brown's proposed 2012-2013 State Budget will be heard in two informational hearings scheduled later this month. The hearings signal the start of a long legislative budget process that the Governor and legislative leaders hope will result in a budget by July 1st.
The Department of Developmental Services announced a series of six stakeholder workgroup dates in different parts of the State to provide input to the Brown Administration on how to achieve the $200 million reduction in State general fund spending in the developmental services budget. The developmental services budget funds certain services and supports for over 250,000 children and adults with developmental disabilities through the 21 non-profit regional centers and 1,759 adults with developmental disabilities who reside in state operated developmental centers and one smaller health facility.
Governor Jerry Brown released his proposed 2012-2013 State Budget plan which calls for a staggering $4 billion in additional spending cuts and nearly $7 billion in new revenues from temporary tax increases on the state's wealthiest taxpayers and a one-half percent increase in the state's sales tax. The revenues would help close what the Governor said is a projected $9.2 billion budget deficit.
Governor Brown released his proposed 2012-2013 State Budget that calls for, as he previously announced in November, $157 million in new state general fund spending reductions to developmental services in the current budget year to be achieved in large part due to higher than expected savings from previously approved cuts and other changes, and another $200 million in new cuts in state general fund spending during the 2012-2013 State budget year that begins July 1, 2012.
The Department of Health Care Services announced it is moving forward in implementing Medi-Cal provider payment reductions of up to 10%, which could total over $623 million in State general funds, authorized in the 2011-2012 State Budget. The implementation comes as the State faces another huge budget deficit unless the Governor and Legislature take action through additional massive spending cuts or imposing new revenues - or a combination of both and other solutions.
The Department of Health Care Services announced it will be submitting a proposed change to California's Medicaid state plan that, if approved, would give the State "flexibility" to implement the 10% payment reduction to Medi-Cal pharmacy providers and certain Medi-Cal drug products.
The original December 15th federal district court hearing on the lawsuit which has temporarily stopped implementation of a 20% across-the-board reduction in service hours has been rescheduled for January 19th (Thursday). That hearing date is subject to change (as is any court hearing date).
The "trigger cut" reductions to the developmental services budget will come from savings via lower than expected spending in the current budget year; however, an on-going $100 million cut could mean spending cuts including an extension of the 4.25% provider payment reduction.
Governor Jerry Brown announced the state budget "trigger cuts" authorizing $1 billion in automatic spending reductions, including $100 million in cuts to In-Home Supportive Services and $100 million in cuts in spending to the overall developmental services budget which funds certain services for eligible children and adults with developmental disabilities. Those cuts take effect on or sometime after January 1, 2012; effective dates vary depending on the reduction.
The decision on whether to pull one or both of the State Budget "trigger cuts" will be announced Tuesday, December 13th at 12 noon at the State Capitol by the Governor's Department of Finance Director Ana Matosantos according to Kevin Yamamura of the Sacramento Bee. The press briefing will likely be televised and webcast live via CalChannel.
The December 15th federal district court hearing on the lawsuit (David Oster, et al v. Will Lightbourne and Toby Douglas) that - at least temporarily - has stopped implementation of a 20% across-the-board reduction in service hours for possibly hundreds of thousands of people with disabilities, mental health needs and seniors in the In-Home Supportive Services (IHSS) program, has been postponed. The temporary restraining order (TRO) issued December 1st by US District Court Judge Claudia Wilken required the Brown Administration to halt all actions to implement the 20% across-the-board cut will remain in force until the new court hearing date.
As reported last week, the Department of Health Care Services will conduct a public stakeholder meeting - via the internet - this morning regarding details of the settlement agreement of the Adult Day Health Care lawsuit and implementation of the new Community-Based Adult Services program that will replace it.
The late Ed Roberts, revered by people with disabilities and seniors across the nation for his trail blazing work as a disability and civil rights leader, will be one of 10 Californians to be inducted in the California Hall of Fame. The ceremony will be hosted by Governor Jerry Brown and First Lady Anne Brown on December 8th, 7:00 PM at the Sacramento Memorial Auditorium, 1515 J Street, a few blocks from the State Capitol. Ed Roberts mother, Zona, is scheduled to be at the ceremony to accept the "Spirit of California" medal that all inductees receive, on behalf of her son.
The Brown Administration, in an effort to move swiftly to capture significantly more federal matching Medicaid dollars for the In-Home Supportive Services program, submitted on December 1st a "State Plan Amendment" (or "SPA") covering a five year phased in process under a new Medicaid community-based services program called the "Community First Choice Option".
US District Court Judge Claudia Wilken issued a temporary restraining order that requires the Brown Administration to halt all actions to implement the 20% across-the-board cut in service hours for hundreds of thousands of people with disabilities, mental health needs, and seniors in the In-Home Supportive Services (IHSS) program. The judge's order also requires the State to rescind any information, instructions and notices of action to the counties and any IHSS recipients that it has sent out. [Note: A copy of the order is attached to this report.]
Governor Brown will release his proposed 2012-2013 State Budget plan today at 2:30 PM in a news conference at the State Capitol. The press conference will be televised by CalChannel (check local cable listings) and webstreamed live via the CalChannel website at www.calchannel.com
US District Court Judge Christina Snyder issued an order blocking any implementation of the 10% rate reduction to Medi-Cal pharmacies in a case brought by the Medicaid Defense Fund on behalf of Medi-Cal recipients, Medi-Cal pharmacy providers and advocacy organizations. The 10% Medi-Cal rate reduction to most "fee for service" providers was proposed last January by the Brown Administration and passed by the Legislature on March 16th and signed into law on March 24th by the Governor as one of the early pieces of the 2011-2012 State Budget.
Governor Jerry Brown announced the state budget "trigger cuts" authorizing $1 billion in automatic spending reductions, including $100 million in cuts to In-Home Supportive Services and $100 million in cuts in spending to the overall developmental services budget which funds certain services for eligible children and adults with developmental disabilities. Those cuts take effect on or sometime after January 1, 2012; effective dates vary depending on the reduction.
Governor Brown will seek to place, on the November 2012 general election ballot, an initiative that proposes to raise $7 billion through a combination of temporary tax increases on the wealthy and a temporary increase of the state sales tax. The increased revenues would target education and public safety and "not to other programs we cannot afford."
US District Court Judge Claudia Wilken issued a temporary restraining order that requires the Brown Administration to halt all actions to implement the 20% across-the-board cut in service hours for hundreds of thousands of people with disabilities, mental health needs, and seniors in the In-Home Supportive Services (IHSS) program. The judge's order also requires the State to rescind any information, instructions and notices of action to the counties and any IHSS recipients that it has sent out. [Note: A copy of the order is attached to this report.]
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