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 issues connected to increasing numbers of people diagnosed with autism spectrum disorders, and the growing need for critical services and supports (widely referred to as the “autism epidemic”), is the focus of two important public meetings this week – and also a key part of the subject matter and discussion of two other meetings also this week.
The Department of Health Care Services will hold a teleconference briefing open to the public on the Brown Administration's proposal to expand an existing demonstration project proposal to shift people with disabilities and seniors eligible for both Medicare and Medi-Cal from Medi-Cal “fee-for-service” to Medi-Cal managed care type plans from 4 counties to up to 10 counties in 2013 and statewide by 2015. The Governor is also proposing, as part of the proposal to expand the “dual eligible” demonstration project from 4 to 10 counties in 2013 and statewide by 2015, the In-Home Supportive Services (IHSS) program will become a Medi-Cal managed care benefit for persons in the demonstration project counties.
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.
The Brown Administration released, for public comment, a draft version of California's annual application to the federal government for federal early intervention funding that funds the State's “Early Start” program that serves thousands of infants and toddlers with disabilities and their families with a coordinated, family-centered system of services statewide.
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.
The Department of Health Care Services will hold a teleconference February 6, 2012 from 2:00 to 4:00 PM for potential applicants to ask department staff and contractors questions about the “Request for Solutions” and application process for California’s “Dual Eligibles Demonstration Project.” The project, when fully implemented, will have sweeping impact on hundreds of thousands of people with disabilities and seniors who are eligible for both Medicare and Medicaid (called “Medi-Cal” in California). While the teleconference is meant specifically for applicants and potential applicants (meaning health organizations that want to be a site in the demonstration project), the Department of Health Care Services is willing to answer questions from the public after the two hour question and answer period for applicants, roughly about 4:00 PM.
The Obama Administration rejected California’s request to expand, as authorized in the 2011-2012 State Budget, co-payments for Medi-Cal recipients on a range of services. The decision by the federal Centers on Medicare and Medicaid Services (CMS) is seen as a major victory for people with disabilities, mental health needs, the blind, seniors and others in the Medi-Cal program and a significant setback to the Brown Administration’s efforts to close an on-going budget deficit. It is one of the very few times the federal agency has actually denied the State’s requests over the past years dealing with cutbacks to the Medi-Cal program.
The Brown Administration announced it will implement short-term payment delays to Medi-Cal institutional providers including long term care facilities, adult day health centers, and home health agencies, for reimbursements paid during the month of March, due to a temporary severe cash flow shortage that California is facing in the coming weeks. Some institutional providers are exempt from this delay and payments to Medi-Cal non-institutional providers, such as doctors, will not be held.
A US District Court Judge in Los Angeles issued a tentative order that indicates the court - barring a surprise - is all but certain to issue a final order tomorrow that will stop the State from implementing Medi-Cal rate reductions of up to 10% for by physicians, clinics, dentists, pharmacists, ambulance providers and providers of medical supplies and durable medical equipment on or after June 1, 2011.
The Department of Health Care Services, the state agency that oversees California's Medicaid program (called "Medi-Cal)" released a document called a "Request for Solutions" (RFS), that will be used to select sites to be included in a demonstration project proposal that the Brown Administration will submit for approval to the federal government to shift possibly hundreds of thousands of people with disabilities and seniors who are eligible for both Medicare and Medi-Cal - known as "dual eligibles" into managed care types of healthcare delivery. The deadline for applicants to respond to the "Request for Solutions" is February 24, 2012.
Legislation, that would significantly increase coverage for mental health and substance abuse treatments that private health insurers and managed health care plans are currently required to provide under state and federal mental health parity laws, faces a key hurdle; as the bill comes up for a final vote on the Assembly floor as early January 26 and passes as expected, the bill heads to the State Senate, where it faces likely more difficult prospects for passage in the Senate Health Committee.
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 Brown Administration released proposed budget trailer bill language covering 8 of the Governor's proposed changes and reductions largely dealing with the Medi-Cal program under the Department of Health Care Services budget. Also released with the proposed budget related language were 7 fact sheets that describe the reasons behind 7 of the 8 proposals (the 8th fact sheet is still being finalized).
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.
A federal district court handed the Brown Administration another legal setback in its efforts to impose Medi-Cal cuts, by issuing an order which blocks the State from implementation of the 10% Medi-Cal rate reduction to non-emergency medical transportation providers. The federal judge concluded the federal government's approval of California's request to reduce those provider rates violated federal law because federal officials failed to consider certain critical factors including the impact of the reduction on access to and the quality of those services.
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.
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 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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