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US 9^th Circuit Court of Appeals Rules Against State on 2009 Medi-Cal 5% Provider Rate Cut to Pharmacies

Upholds Lower Federal Court Injunction that Stopped Medi-Cal 5% Provider Cuts in 2008 – Three Straight Legal Setbacks for Schwarzenegger Administration by Federal Court – Rulings Send Strong Signal to Legislature About Medicaid Funded Cuts

SACRAMENTO, CALIF (CDCAN) [Updated 03/03/2010  05:50 PM  (Pacific Time)] -  A 3 judge panel of the US 9^th Circuit Court of Appeals handed the Schwarzenegger Administration two more legal setbacks this afternoon, by upholding lower federal court orders that blocked 5% provider cuts to pharmacies and reportedly,  in a separate federal lawsuit, also to adult day health centers.  Those cuts were originally passed as part of the 2008-2009 State Budget in September 2008 and were scheduled to go into effect March 1, 2009.   [a copy of the 6 page opinion contained in a memorandum  in the Medi-Cal pharmacy case can be downloaded from the CDCAN website at www.cdcan.us]

BREAKING NEWS:

US 9^TH CIRCUIT COURT OF APPEALS RULES AGAINST SCHWARZENEGGER ADMINISTRATION ON IHSS WORKER WAGE LAWSUIT

UPHOLDS LOWER FEDERAL COURT’S INJUNCTION THAT BLOCKED REDUCTION OF STATE PARTICIPATION OF IHSS WAGE

SACRAMENTO, CALIF (CDCAN) [Updated 03/03/2010  11:40 AM  (Pacific Time)] -   The US 9^th Circuit Court of Appeals today issued a decision that ruled against the Schwarzenegger Adminstration and upheld Federal District Court Judge Claudia Wilken’s injunction that has blocked – since June 2009 – the reduction in the State’s participation toward In-Home Supportive Services worker wages.  The 9^th Circuit Court decision means the injunction – the court order that has blocked the cut from being implemented – remains in place.

Governor Wins Clear Legal Victory – State Appeals Court Says Line Item Vetoes “Constitutional”

Lawsuit Is One of Three Filed Seeking To Overturn Governor’s Line Item Vetoes Made to 2009-2010 Revised State Budget Last July

SACRAMENTO, CALIF (CDCAN) [Updated 03/02/2010  07:40 PM  (Pacific Time)] - The Schwarzenegger Administration won a clear legal victory today with the State Court of Appeals in San Francisco ruling 3 to 0 that his line item vetoes made to the revised 2009-2010 State Budget last July were constitutional.  The case, St. John’s Well Child and Family Center et al v. Schwarzenegger et al, is one of three different lawsuits seeking to overturn some or all of the Governor’s line item vetoes made last July.

California Legislative Update: 

Senate Budget Subcommittee Schedule – Hearings To Begin This Month on Governor’s 2010-2011 Budget

• Medicaid Section 1115 Waiver Discussion on Medical Homes March 4^th
• IHSS Teleconference by Dept of Social Services on Integrity and Fraud Program March 17th

SACRAMENTO, CALIF (CDCAN) [Updated 03/02/2010  05:40 AM  (Pacific Time)] - With nearly all of the special session budget bills passed by the Legislature and sent to the Governor last week and on Monday, the next phase of the state budget process will begin with budget subcommittee hearing late next week and continue through mid-May.

California Budget Crisis: 

LEGISLATURE SENDS SPECIAL SESSION BUDGET BILL THAT WOULD CONTINUE ADDITIONAL $115 MILLION CUT TO REGIONAL CENTERS INTO 2010-2011 STATE BUDGET YEAR

Reduction Would Continue 3% Cut To Payments to Most Regional Center Providers and 3% Cut to Regional Center Operations That Was Set To Expire on June 30^th  – Would Reinstate Some Reporting Requirements

SACRAMENTO, CALIF (CDCAN) [Updated 03/02/2010  3:30 AM  (Pacific Time)]  - The Legislature passed and sent to the Governor a special session budget related bill (SBx8 4) that would continue into the 2010-2011 State Budget year that begins July 1^st, over $115 million (all funds) in additional cuts to the 21 regional centers that coordinate services to over 240,000 children and adults with developmental disabilities that was set to expire on June 30, 2010.  Most advocates expected that the reductions would be extended into the 2010-2011 State Budget year.

California Legislature:

• JOHN PEREZ SWORN IN AS ASSEMBLY SPEAKER
• VOWS MORE OPEN BUDGET PROCESS
  

John Perez - Sworn in as Assembly Speaker: Photo by Hector Amezcua/Sacramento Bee, Perez being sworn in on MondaySACRAMENTO, CALIF (CDCAN) [Updated 03/01/2010  11:55 PM  (Pacific Time)]  -  Under the shadow of a multi-billion dollar ongoing budget deficit, John A. Pérez (Democrat – Los Angeles, 46th Assembly District) was sworn in as California’s 68^th Assembly Speaker on Monday (March 1) in the Assembly Chambers and proclaimed that “our number one focus must be to get Californians working again!”

Special Session 3% Developmental Services Reduction Bill Passes Out of Assembly Budget Committee – Cut Totals Over $115 Million State/Federal Funds

Bill Would Extend 3% Cut to Most Regional Center Provider Payments and Regional Center Operations Into the 2010-2011 State Budget Year – Amendments Would Reinstate July 1 Several Previously Suspended Regional Center Reporting Requirements – Bill Requires Final Approval by Assembly Expected Thursday and in the State Senate – No Other Major Cuts to Health and Human Services As This Point In Process

SACRAMENTO, CALIF (CDCAN) [Updated 02/24/2010  07:00 PM  (Pacific Time)]  - The Assembly Budget Committee passed, with amendments, a special session budget related bill dealing with continuing additional cuts to the 21 regional centers that coordinate services to over 240,000 children and adults with developmental disabilities, and savings by increasing federal funding to the foster care program, that also includes many children with developmental disabilities and other special needs.  Those two programs are the only cuts or savings to health and human services that legislative Democrats are willing to agree to at this point in the budget process.

Public Hearing Today from 12 to 7 PM In Pomona On Proposed Closure of Lanterman Developmental Center – Written Comments Can Be Also Submitted by March 5^th – More Hearings By Legislature Likely In April

Public Hearing First Step Under State Law That Requires State to Present Detailed Transition and Closure Proposed Plan  to the Legislature by April 1 for Approval – Budget Hearings on Proposed Transition and Closure Plan Likely To Be Scheduled In Mid to Late April at the State Capitol for Additional Public Comments

SACRAMENTO, CALIF (CDCAN) [Updated 02/24/2010  12:00 PM  (Pacific Time)] - In what is officially the first step in a two year or longer process required under State law, a public hearing on the proposed closure of the Frank D. Lanterman Developmental Center is underway today, February 24, 2010, Wednesday, which started at 12 noon and will continue until 7:00 PM, at the Lanterman Developmental Center Auditorium, 3530 West Pomona Boulevard, Pomona, CA 91769-0100.

Long Term Care Critical Issues Focus of Feb 23rd Informational Hearing By Senate Human Services & Senate Health Subcommittee on Aging and Long Term Care

Issues Addressed In Newly Introduced Bill (SB 998) by Liu; Informational Hearing is 3rd In A Series Focusing on Long Term Care Issues

SACRAMENTO, CALIF (CDCAN) [Updated 02/018/2010 08:40 PM (Pacific Time)] - Under the cloud of an ongoing budget crisis and enormous deficits and proposed and enacted budget cuts, a joint informational hearing on long term care for seniors and also persons with disabilities, including critical issues impacting planning, assessment, case management and data collection, is scheduled for February 23, Tuesday afternoon from 1:30 to 3:30 PM at the State Capitol in Room 3191, by the Senate Human Services Committee and the Senate Health Subcommittee on Aging and Long Term Care (see agenda for hearing below). The agenda has time for public comment after each agenda item.

REMEMBERING THAT EVERY LIFE MATTERS: PLEASE REMEMBER & HELP THE PEOPLE OF HAITI
American Red Cross: 1-800-HELP NOW (1-800-435-7669) www.redcross.org
UNICEF: 1-800-4UNICEF (1-800-486-4233) www.unicefusa.org

IHSS RECIPIENT FINGERPRINTING ISSUE FOCUS OF FEB 11 PUBLIC MEETING TODAY 1:30 to 3:30 PM: PUBLIC CAN PARTICIPATE BY TOLL FREE PHONE

Alameda Superior Court Judge Hunter Issues Rules Against Schwarzenegger Administration on IHSS Worker Felony Convictions Ban – No Details Available Yet on Judge’s Ruling

SACRAMENTO, CALIF (CDCAN) [Updated 02/011/2010 07:40 AM (Pacific Time)] - The California Department of Social Services, the state agency that oversees statewide the In-Home Supportive Services program that serves over 460,000 children and adults with disabilities, mental health needs, the blind and seniors, is hosting today (February 11) from 1:30 to 3:30 PM, a public stakeholder meeting on the controversial issue regarding the development and implementation of the IHSS Fingerprint Imaging (with certain specific exceptions allowed) as required by ABx4 19, (Chapter 17, Statutes of 2009), the budget related bill that added several new IHSS program requirements which included fingerprint imaging of IHSS recipients. These requirements are in addition to new requirements – including fingerprinting – for IHSS workers (providers).