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• 6 DAYS LEFT FOR GOVERNOR TO ACT ON BILLS
• AB 1269 WORKING DISABLED BILL ON HIS DESK

Concern That Governor Will Veto Hundreds of Bills As He Did Last Year - CDCAN Townhall Telemeeting on IHSS Budget Cuts October 7th Wednesday Featuring Department of Social Services Senior Officials

SACRAMENTO, CALIF  (CDCAN) [Updated 10/05/09  11:59 PM  (Pacific Time)] - The deadline for Governor Arnold Schwarzenegger to sign or veto hundreds of bills passed by the Legislature in the closing days of the 2009-2010 Regular Legislative Session is fast approaching, with only 6 full days left.  Any bill he does not sign nor veto by Sunday evening, October 11th, becomes law without his signature.

The Governor has signed less than 10 bills since the Legislature adjourned on September 11th, including major legislation to provide additional funding the Healthy Families program.

There is some concern in the Capitol that the Governor may carry out his threat to veto most bills because the Legislature failed to send him water policy reform legislation before they adjourned.

Last Year Governor Set Record In Number of Bills Vetoed

The rate of Governor's actions on bills was slow last year too, but that was because the Legislature didn't pass the 2008-2009 State Budget until September 16, 2008  - nearly three months late. The Governor, who signed that budget bill on September 23, 2008, had warned then that he would not sign any bills until a budget was passed.  The Governor didn't take action on bills until the final week in September after the budget was signed.

Last year the Governor likely set a record in the most bills vetoed in a single year by any governor, which many say was in reaction to the impasse that delayed passage of the 2008-200 State Budget until mid-September.

The Governor last year signed 771 bills, but vetoed 415 bills.  By contrast, in 2007 the Governor signed 750 bills and vetoed 215, in 2006 he signed 910 bills and vetoed 262 and in 2005 he signed 729 bills and vetoed 232.

In previous years - other than 2008, the Governor took action on bills every week from the date the Legislature adjourned.

Important Medi-Cal "Working Disabled Program" Bill Sent To Governor

One of the bills on the Governor's desk that supporters and advocates hope will be signed is legislation to extend eligibility in a little known Medi-Cal program called the "California 250%  Working Disabled Program" that allows people with disabilities (including persons with developmental disabilities, seniors, and others) who are employed or who want to work, to keep their Medi-Cal benefits under certain conditions.  The program requires those persons who work and are eligible for the "Working Disabled Program" to pay a monthly premium that is set on a sliding scale depending on the person's income in order to keep their Medi-Cal benefits.

The "250%" refers to 250% over the federal poverty level - the maximum that the program would allow a person to earn in order to be eligible.  As of January 2009, 250% of the federal poverty level for an individual is $27,075 per year, and for a couple, $36,425 per year.

The bill, AB 1269 by Assemblymember Julia Brownley (Democrat - Santa Monica, 41st Assembly District) would permit individuals otherwise eligible for the California 250% Working Disabled Program who are temporarily not working, to remain in the program for up to 26 weeks (instead of the existing 8 weeks), provided that the individuals continue to pay premiums during the nonworking period.

The bill would also exempt consideration of Social Security income from eligibility calculations while a person is in the California Working Disabled Program.  Would allow accumulated savings to be exempted from future eligibility determinations in other Medi-Cal programs.  The bill is supported by a wide range of disability and senior advocacy organizations, groups and others across the state.

Brownley and supporters of AB 1269 say that it is needed especially now during bad economic times because it will encourage people to work and still be eligible for Medi-Cal benefits with the knowledge that if they should become unemployed, they could continue to receive their Medi-Cal coverage.  Supporters have raised concerns that many persons with disabilities are afraid to work for fear of losing their eligibility for Medi-Cal and that AB 1269 would "allow more people with disabilities to become more independent and productive while ensuring that they have access to critical health  services."

Program Allows Eligible Persons To Keep Medi-Cal Benefits

The "California 250% Working Disabled Program" allows certain individuals to become eligible for Medi-Cal by paying low monthly premiums based on a certain level of income that is counted (considered).  To qualify, individuals must meet the following criteria:

• Must continuously meet the federal definition of disability, without regard to ability to perform substantial gainful activity.
• Have net family income of less than 250% of the federal poverty level (as of January 2009, 250% of the federal poverty level for an individual is $27,075 per year, and for a couple, $36,425 per year).
• The California 250% Working Disabled Program uses federal Supplemental Security Income rules for income, including earned income disregards (which disregard the first $20 of income regardless of source, the first $65 of earnings; and, half of the remaining earnings).
• For married applicants, a portion of the income of the spouse may be counted as the applicant's income.
• Persons enrolled in the program pay monthly premiums of as little as $20 and up to $375 based on income and marital status.
• All of the applicant's disability related income is exempt from income calculation.
• Certain retirement accounts and property are also exempt from the asset calculation.
• Persons enrolled are required to provide proof of employment.
• If they lose employment due to "good cause," they can currently remain in the California Working Disabled Program for two months (AB 1269 is seeking to extend that time period).
• Under the program, good cause includes hospitalization, inability to work as a result of the individual's disability or other reasons beyond the control of the person enrolled in the program.

To Find out More About the Medi-Cal "California 250% Working Disabled Program" contact

Medi-Cal Eligibility
PO Box 997417, MS 4607
Sacramento, CA  95899-7417
Telephone: (916) 552-9200

Website information from the state:

http://www.dhcs.ca.gov/services/Pages/TPLRD_WD_cont.aspx

The non-profit World Institute on Disability (WID) has information about the California 250% Working Disabled Program (and is one of the main backers of AB 1269) and other employment and work information for persons with disaibilities, mental health needs and seniors at:  http://www.wid.org/programs/california-work-incentives-initiative

Editor's Note: Disability Benefits 101 has many calculators depending on program enrollment type within the state of California.  This may be the 250% CWD program or the CalGrants, PASS program and many others.

Working Disabled Program Created In 2000 By AB 155 by Migden

The federal "Balanced Budget Act of 1997" signed by then President Bill Clinton, gave states the option to provide certain services under the federal Medicaid Program (called Medi-Cal in California) to people with disabilities and seniors who are working (or want to work) but are not eligible (or would lose eligibility) because their earnings would exceed the federal SSI (Supplemental Security Income) program eligibility standards.

The states were given the option to require the payment of premiums or other cost-sharing charges set on a sliding scale that the states determine, for those persons.

In response, then Assemblymember Carole Migden (Democrat - San Francisco) introduced AB 155 in 1999 to implement the 1997 federal Medicaid option that allows the states to create within their Medicaid program, a special program  under which any employed individual whose countable income does not exceed 250% of the federal poverty level and who would otherwise be considered disabled under the federal SSI rules, would be eligible for benefits under the Medi-Cal program, providing they pay a monthly premium.

AB 155 was passed by the State Senate on September 7, 1999 by vote of 26 to 12, and a final vote approving the bill in the Assembly on September 8, 1999 by a vote of 66 to 12.  Then Governor Gray Davis signed the measure on October 8, 1999 and the bill was chaptered (filed) by the Secretary of State on October 10, 1999, Chapter 820, Statutes of 1999.  The bill took effect on January 1, 2000 and the program itself was established later that year.

When the program was first established, the Department of Health Services projected that the California 250% Working Disabled program enrollment would be between 7,000 and 14,000 by June 2002.  However, the actual enrollment never reached those projected numbers and currently has approximately 4,500 persons enrolled.

CDCAN SUMMARY OF WORKING DISABLED PROGRAM BILL

Below is a summary and status of AB 1269, the "California 250% Working Disabled Program" bill.  Also listed is another employment related bill - in this case targeted for persons with developmental disabilities, that also was passed by the Legislature during the final days of the 2009-2010 regular legislative session and sent to the Governor.  That bill would require the State Council on Developmental Disabilities to establish an "Employment First" standing committee.

Though time is running short, people can still write or call the Governor's office regarding these and other bills that were passed by the Legislature and sent to him for consideration.  When writing, it is always a good to send a copy of your letter to the author of the bill (fax numbers are listed below).

Governor Arnold Schwarzenegger
State Capitol
Sacramento, CA 95814
Capitol Office Phone: (916) 445-2841
Capitol Office FAX: (916) 558-3160

AB 1269 - MEDI-CAL: CALIFORNIA WORKING DISABLED PROGRAM

AUTHOR: Assemblymember Julia Brownley (Democrat- Santa Monica, 41st Assembly District))
Capitol Office Address:  State Capitol, Sacramento, CA 95814
Capitol Office FAX:  (916) 319-2141    Capitol Office Phone:  (916) 319-2041

CDCAN SUMMARY (AS LAST AMENDED 09/01/09):

Extends eligibility for the Medi-Cal "California Working Disabled Program" in the following ways:

• Would permit individuals otherwise eligible for the California Working Disabled Program, but who are temporarily not working, to remain in the program for up to 26 weeks, provided the individuals continue to pay premiums during the nonworking period.
• Would exempt consideration of Social Security income from eligibility calculations while a person is in the California Working Disabled Program. Would allow accumulated savings to be exempted from future eligibility determinations in other Medi-Cal programs.
• Would exempt federal Social Security income received by persons with disabilities 65 years or older from Medi-Cal eligibility determinations.
• Delays implementation of this bill until 30 days after the date that the increase in California's federal medical assistance percentage (FMAP) for Medicaid (called Medi-Cal in California), pursuant as authorized by the federal American Recovery and Reinvestment Act (ARRA) of 2009, is no longer available (sometime after December 2010)

LATEST STATUS 09/29/09:  Sent to the Governor at 11:30 AM.

NEXT STEPS: Governor has until end of the day October 11, 2009 to sign or veto bills. ]

CDCAN COMMENT:

• Assembly concurred (agreed to the amendments made in the State Senate) on 09/09/09 by vote of 49 to 27. Passed the State Senate on 09/04/09 by vote of 26 to 12.
• Last year the California 250% Working Disabled Program was made permanent by removing the "sunset" (date program would end) that originally was in the 1999 bill (and extended in later bills). AB 1183 (Chapter 758, Statutes of 2008) the health budget trailer bill (part of the 2008-2009 State Budget passed in late September 2008) removed that "sunset" and made the program permanent.
• AB 851 by Assemblymember Brownley, also in 2008 last year, similar to AB 1269, was held in the Senate Appropriations Committee.
• In 2007, another bill similar to AB 1269 - AB 1113 also by Assemblymember Brownley, passed the Legislature but was vetoed by Governor Schwarzenegger. In his veto message, the Governor stated: "While I strongly support the California 250 Percent Working Disabled Program and appreciate its role in promoting work among persons who are aged and disabled, I cannot support this bill. This bill contains a drafting error that would result in unequal treatment of similarly situated aged persons, in direct conflict with federal Medicaid law. Given my strong support of services for persons with disabilities to allow them to safely remain at home and lead productive and independent lives, I am directing the DHCS to pursue legislation to continue and improve this important program."
• Supporters of the bill say they cleared up the problems and concerns raised by the Governor.

AB 287 - PERSONS WITH DEVELOPMENTAL DISABILITIES: EMPLOYMENT FIRST POLICY

AUTHOR:  Assemblymember Jim Beall Jr.  (Democrat - San Jose, 24th Assembly District)
Capitol Office Address:  State Capitol, Sacramento, CA 95814
Capitol Office FAX:  (916) 319-2124    Capitol Office Phone:  (916) 319-2024

CDCAN SUMMARY (as last amended 09/02/09):

• Would encourage - but not require, the individual program planning team to discuss school-to-work opportunities for children with developmental disabilities receiving regional center funded services, beginning at 14 years of age.
• Would require the State Council on Developmental Disabilities to form a standing Employment First Committee, to implement an Employment First Policy by July 1, 2011, and every year after that, report to the Legislature and the Governor describing the committee's work and recommendations.

LATEST STATUS 09/28/09:  Sent to the Governor at 1:00 PM

NEXT STEPS: Governor has until end of the day October 11, 2009 to sign or veto bills.

CDCAN COMMENT:  This bill passed the Assembly on 09/11/09 by vote of 50 to 25 and passed the State Senate on 09/03/09 by vote of 26 to 10.

As mentioned, another employment related bill - though impacting all persons with disabilities and seniors eligible for Medi-Cal - also passed the Legislature and was sent to the Governor: AB 1269 by Assemblymember Julia Brownley (see above for details).

CDCAN Townhall Telemeeting October 7th Focus On IHSS

Meanwhile, as previously announced, the issue of budget reductions to the In-Home Supportive Services (IHSS) program will be the focus of the next CDCAN Townhall Telemeeting, scheduled for October 7, 1 to 2:45 PM featuring senior officials from the California Department of Social Services.

People anywhere in the State can participate in the free townhall telemeeting by dialing a toll free number (see below) and several hundreds are expected to participate given the high interest level and impact.  A CDCAN Townhall Telemeeting held September 23rd focusing on cuts to the Early Start Program and a new "Prevention Program" for at-risk babies and toddlers who will no longer be eligible for services under Early Start beginning October 1, drew over 300 people.  Audio recordings of both townhall telemeetings are available to anyone from the CDCAN website at www.cdcan.us

The senior officials with the Department of Social Services - the state agency which oversees the In-Home Supportive Services program that is administered locally by the counties - will provide the latest information and updates regarding changes in policies and budget reductions.  They will also answer questions from the audience.

CDCAN TOWNHALL TELEMEETING
OCTOBER 7, 2009 - WEDNESDAY  1:00 - 2:45 PM
TOLL FREE LINE:  877-551-8082   (no passcode)

FEATURING CALIFORNIA DEPARTMENT OF SOCIAL SERVICES OFFICIALS (EVA LOPEZ, DEPUTY DIRECTOR - ADULT PROGRAMS DIVISION AND EILEEN CARROLL, BUREAU CHIEF)

For those who cannot participate in the CDCAN Townhall telemeeting, you can forward your questions or concerns to Marty Omoto at martyomoto@rcip.com who will ask your questions for you during the townhall. All CDCAN Townhall Telemeetings are recorded and posted on the CDCAN website at www.cdcan.us

Thousands Have Participated in Townhall Telemeetings Since 2003

Since 2003 thousands of people with disabilities, mental health needs, seniors, people with traumatic brain and other injuries, people with MS and other disorders, families community organizations, regional centers, independent living centers, policymakers, workers who provide supports and services, and other have participated in the CDCAN Townhall Telemeetings that was created to bring policymaking to where people live.

A  recent CDCAN Townhall Telemeeting held September 1, that featured Terri Delgadillo, director of the Department of Developmental Services, drew over 700 people across the state.  The CDCAN Townhall Telemeeting held September 23, focusing on the new "Prevention Program" for at risk babies and toddlers and also cuts to the Early Start program drew well over 300 persons across the state.

Additional CDCAN Townhall Telemeetings will be scheduled soon on other issues including Medi-Cal (including updates not only on budget reductions, but on the status of the Deficit Reduction Act, and other issues), special education, housing and transportation, senior services, mental health and more.