CDCAN Advocacy Without Borders :: One Community

ACTION ALERT

MAJOR HEALTH AND SAFETY CRISIS ACROSS STATE DUE TO IMPLEMENTATION OF NEW IN-HOME SUPPORTIVE SERVICES (IHSS) WORKER (PROVIDER) REQUIREMENTS - CONTACT YOUR OWN STATE ASSEMBLYMEMBER AND STATE SENATOR ABOUT THAT AND SB 69

IMPLEMENTATION SHOULD NOT HAPPEN UNTIL COUNTIES ARE FULLY PREPARED TO COMPLY WITHOUT HARMING CHILDREN AND ADULTS WITH DISABILITIES, MENTAL HEALTH NEEDS, THE BLIND, LOW INCOME SENIORS WHO NEED IHSS

· Counties across the state – both urban and rural – have notified the State through official letters and in testimony October 28^th in a legislative hearing at the State Capitol of “chaos and panic” that will grow even worse if the Governor (through the California Health and Human Services Agency that oversees the Department of Social Services that in turn oversees statewide the In-Home Supportive Services program) does not delay the November 1^st implementation of new requirements for IHSS workers (providers).

· The counties have not received from the Schwarzenegger Administration’s Department of Social Services final instructions on how to implement the new requirements that resolve questions and concerns; have not received funding to hire the needed staff to comply by November 1^st; have not received answers that resolve issues and concerns (raised also by advocacy groups and individuals receiving and working in IHSS) regarding implementation that have critical impact on whether a person will still receive in-home services; have not received any translated materials and instructions for compliance by November 1^st; and have not had sufficient time to inform, train county staff or to fully answer questions, do outreach to thousands of people receiving IHSS or working as providers in their counties by the November 1^st implementation date. The confusion also impacts agencies and workers funded through regional centers serving thousands of people with developmental disabilities across the State. This confusion and panic harms ability of the counties, advocacy groups and the State to do its job in making sure people eligible are receiving and working under the IHSS program.

· Disability, senior and other advocates and thousands of people who receive IHSS and thousands who work as providers, along with IHSS public authorities, IHSS advisory committees, county workers and officials – no matter what one’s position is on the issue of new IHSS worker (provider) requirements including mandatory background checks and fingerprinting – are in agreement that nearly every county will not be able to comply with the November 1^st date – and that unless the State delays implementation, confusion, panic and problems will get worse. [the new requirements were passed by the Legislature controlled by the Democrats and signed by Governor Arnold Schwarzenegger in late July as part of the 2009-2010 revised State budget. That bill is ABx4 19 – the “x4” stands for 4^th special or extraordinary session. A copy of that bill is on the CDCAN website at www.cdcan.us ]

· At this point in time, only the Governor – and the State agencies in his Administration that oversee the IHSS program – has the authority to delay implementation. They have delayed implementation of other IHSS cuts and policy changes – and on other reductions, even when an earlier date was in the budget related (trailer) bill passed by the Legislature. They can do so now.

· Assemblymember Noreen Evans (Democrat – Santa Rosa), chair of the Assembly Budget Committee, is introducing emergency (urgency) legislation today (November 2) that would delay implementation and also require the State to work with stakeholders – including counties and advocates – so that implementation can move forward in a way that is as safe and humane as possible. Evans will introduce amendments to an existing bill. SB 69, on the Assembly floor, that she hopes will be approved today by both the Assembly and State Senate – and then sent to the Governor for approval. If signed by the Governor, the bill would take effect immediately. Passage in the State Legislature for an urgency or emergency bill takes 2/3rds vote – meaning 54 votes in the 80 member Assembly and 27 votes in the 40 member State Senate. That means if all the Democrats in both houses vote for the bill (and 1 independent in the Assembly – Juan Arambula – who used to be a Democrat) at least 3 Assembly Republicans and 2 State Senate Republicans would also be needed to support it.

WHAT NEEDS TO HAPPEN

· The Governor – as advised by the Secretary of the California Health and Human Services Agency (the agency that oversees the Department of Social Services, which in turn oversees statewide the In-Home Supportive Services program) needs to delay the November 1^st implementation of the new requirements – including background checks, fingerprinting of IHSS workers (providers) until instructions, orientation materials and other information have been sent out, clarified. The Governor and the agency and departments he oversees, can on their own, delay implementation and also involve stakeholders without the need for new legislation – if they chose to do so. OR the Governor can support SB 69 as amended by Assemblymember Noreen Evans that would essentially accomplish the same thing.

· The counties have asked – and advocates, unions, workers, IHSS public authorities and advisory committees concur – after that is done the actual implementation should then begin (60 to 90 days after the State has done its job in providing the necessary materials, documents, information including information that is translated, funding for county implementation, etc)

· A delay in implementation does NOT delay going forward with the new requirements for IHSS workers. It means the actual implementation date will be moved back so that implementation will be carried out in a way that can minimize harm and be done in the most humane way as possible.

· Going forward November 1^st – when counties cannot comply and panic and chaos will grow worse – undermines any effort to address fraud and abuse that the Legislature and Governor intended. Fraud and abuse also means when the State fails in its responsibility to ensure that children and adults and seniors who are eligible for critical services – such as IHSS – are denied services even if that denial was unintended.

WHY THIS NEEDS TO HAPPEN – THE IMPACT

· Hundreds of thousands of children and adults are at risk across the state in nearly every county for new requirements that was never intended to put them at risk of losing services they are eligible for. Those services are vital for people to remain safely in their own homes. This is now a crisis of health and safety. Though it impacts people who are IHSS workers who are members of unions – the crisis caused by panic and confusion due to lack of direction, information, guidance, funding, from the State, is far, far beyond being simply a union issue.

· Counties across the state – urban and rural have sent letters to the State have warned and are warning of more chaos and panic and the real consequence of the children and adults with disabilities, mental health needs, seniors, the blind eligible and in need of in-home services of not having those services because workers are not available.

· It impacts not only hundreds of thousands of IHSS workers (providers) in every county of the State, but hundreds of thousands of children and adults who are eligible and need IHSS to remain safely in their own homes. It impacts thousands of county workers and their departments who are responsible in implementing the new requirements locally – but without a delay in implementation – cannot do so in a way that is humane or responsible.

URGENT – TODAY! CONTACT YOUR OWN ASSEMBLYMEMBER AND STATE SENATOR

Contact your OWN legislator. If you do not know who your own assemblymember and state senator is, do the following (besides yourself, your family, get other friends, families, workers, neighbors, local government people and others to contact the following persons (no matter what one’s position on the actual issue of the new requirements for IHSS workers).

· CALL YOUR COUNTY REGISTRAR OF VOTERS: Contact your own county registrar of voters, and ask that you need to know who your state legislators are (and the legislative districts they represent that you are registered to vote in. AYour county registrar of voters will need you to give the address of where you are registered to vote) OR

· PHONE BOOK: look in the government section of your phone book that lists your legislators (this is not always accurate in areas where more than one legislator represents a county) OR

· WEBSITE: Go to the CDCAN website at http://www.cdcan.us/search/legislator/frame.htm for official information (typing in your zip code) for your two legislative representatives. Be sure to use the phone numbers of your legislator’s DISTRICT office – meaning the offices closest to where you live. If NO ONE answers in those offices, then contact their State Capitol office.

We will be issuing another Accountability With Action Alert regarding having people come and also call into the upcoming Olmstead Advisory Committee meeting scheduled for November 5^th at the Department of Rehabilitation building in Sacramento, including a possible protest outside. Watch for details or go to the CDCAN website at www.cdcan.us

Note: the Olmstead Advisory Committee advises the Secretary of the California Health and Human Services Agency on the implementation of the 1999 US Supreme Court “Olmstead Decision”. That landmark decision requires the states to take steps to avoid the unnecessary or unjustified institutionalization of people with disabilities, mental health needs and seniors

Ask YOUR state senator or assemblymember to explain to you as a person who they represent:

· Ask them for more information about SB 69 that Assemblymember Noreen Evans will be amending on the Assembly floor today (November 2). Asked them to get a copy of the latest proposed amendments of the bill (which they can get) and explain to you what it they believe it will do.

· Ask what their position is on the bill with the amendments.

· Ask your state senator and assemblymember if the county you live in is prepared to implement the new requirements (which is the same county that your legislators also represents)

· Ask your state senator and assemblymember what happens to people with disabilities, with mental health needs, the blind, low income seniors who are eligible and need IHSS living in your county – and to their workers – if the county you live in is NOT ready, prepared or able to comply with the new state law (ask this question not as a statement – but as a real question that you need a specific and real answer to)

· Ask your state senator and assemblymember to contact the California Health and Human Services Secretary Kim Belshe and the Director of the Department of Social Services John Wagner to delay the November 1^st implementation. That delay does NOT stop implementation – it will allow the needed preparation to happen to make implementation happen in a way that counties will be prepared to handle that will minimize harm, abuse and be carried out as humanely as possible.

AND THEN, ALSO PLEASE CALL AND WRITE TODAY:

. PLEASE always be respectful in contacting anyone, including those below. Respect is not only something one needs to receive as a human being – it is also something that one needs to give. The persons below – including Eva Lopez – are good and decent people who I have enormous respect for – and deserve your respect too.

When calling, leave detailed message with your name and contact information (asked for a return call) if the person is not available. \

Ask them to

· Delay implementation of the IHSS provider (worker) requirements and ask them to urge the Governor to support SB 69 that will be amended on the Assembly floor today with provisions to delay – not stop - implementation

· Ask that this issue be brought up at the November 5^th Olmstead Advisory Committee meeting in terms of impact on children and adults with disabilities, mental health needs, the blind, low income seniors living and remaining safely in their own homes

Kim Belshe, Secretary

California Health and Human Services Agency

California Health and Human Services

1600 Ninth Street, Room 460

Sacramento, CA 95814

(916) 654-3454

(916) 654-3345

FAX: (916) 654-3343

John Wagner, Director

California Department of Social Services

744 P Street MS 17-11

Sacramento, CA 95814-5512

Voice Phone: 916-657-2598

FAX: 916-654-6012

Eva Lopez, Deputy Director

Department of Social Services – Adult Programs Division

Voice Phone: 916-657-2265

REMEMBER THAT ADVOCACY IS ABOUT LIVES THAT MATTER. REMEMBER THE LIVES THAT MATTERED OF PEOPLE WHO HAVE PASSED INCLUDING JOAN LEE, BILL YOUNG, DONALD ROBERTS, BOB ROBERTS, NATASHA LITTLETREE, NOEL NUEDECK, BETTY BACON, ADAM MARSHALL , AARON DIMMITT, WARREN MATTINGLY AND SO MANY OTHERS.

AND THEN MAKE THAT CALL TODAY FOR THE LIFE THAT MATTERS