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WHAT'S NEW AND SEMI-NEW

FEATURED (POSTED MAY 19, 2010) MARTY OMOTO COMMENTARY - "PRAYING FOR TIME"
SACRAMENTO, CALIF - These are - and have been for the past several years - hard times 
for our community of people with disabilities, mental health needs, people with traumatic brain 
and other injuries, people with MS, Alzheimer's and other disorders, seniors, their families, 
community organizations and workers who provide supports and services.  Year after year after 
year of facing threats of cuts or outright elimination of programs and services, rollbacks in 
eligibility, and actual loss of needed services, and loss of jobs or the constant fear of losing all of 
those things.  
.Many in our communities - including those people with disabilities, mental health needs, seniors 
in the Asian and Pacific Islander, Latino and other communities of color - do not understand the 
workings of state government and politics nor have first hand information of what will or will not 
happen.  More often than not, the politics that our communities know is simply about survival.  
It is about being deeply anxious, worried and frightened about how to cope with what is happening 
now - and what will happen next. In speaking to hundreds, sometimes thousands of people across 
the State, I know while they may not know about the "Olmstead Decision" or about the "ADA" [Americans
with Disabilities Act] they do know about their own life or the lives of their children and family.  They know
what is right - and they know what is happening to them is wrong.   
No one should tell them not to be scared.  
(Click here to view or download Marty Omoto Commentary "Praying for Time" )
(Click here to view or download previous Commentary "Defying Gravity"  - that outlines some budget solutions)
NEW (POSTED JUNE 30, 2010) FRESNO COUNTY IHSS WORKER WAGE CUT STOPPED BY FEDERAL
JUDGE - ADVOCATES CLAIM VICTORY FOR DISABILITY RIGHTS AND COMPLIANCE WITH 1999
US SUPREME COURT "OLMSTEAD DECISION"
SACRAMENTO, CALIF (CDCAN) [Updated 06/30/2010  07:45 AM  (Pacific Time)] - As reported 
late yesterday afternoon, federal district court judge Claudia Wilken blocked Fresno 
County from implementing an hourly wage  cut to their In-Home Supportive Services (IHSS) 
workers from $10.25 to $8 per hour, that was scheduled to go into effect in July, granting 
a temporary restraining order that was requested by lawyers representing SEIU on behalf of 
IHSS workers and persons receiving services under the IHSS program.  The federal district court judge ordered Schwarzenegger Administration officials to take 
all steps immediately to rescind any approval given to Fresno County to reduce those wages 
and to officially notify the court of compliance.  
Last week, Fresno County mailed notices to the more than 12,000 IHSS workers in that county 
informing them that their wages and benefits would be cut in July.
The action by the federal court represents at least a temporary victory for thousands of IHSS 
workers and people with disabilities, mental health needs, the blind and seniors in Fresno County 
who receive services under the IHSS program.  
The legal documents filed by the lawyers on behalf of the IHSS workers, claimed the issue had major 
impact on the state's compliance with the landmark 1999 US Supreme Court Olmstead Decision under the 
federal Americans with Disabilities Act (ADA).  
That 1999 decision, filed on behalf of two Georgia women with developmental and other disabilities - 
Elaine Wilson and Lois Curtis, among other things, required the states to take steps to avoid the 
unnecessary or unjustified institutionalization of people with disabilities, mental health needs & seniors.  
(Click here to read full report from CDCAN Report #131-2010)
(Click here for 3 page pdf file of federal district court judge's restraining order)
(Click here for 30 page pdf file of motion for restraining order requested by lawyers for IHSS workers)
(Posted June 28, 2010) Section 1115 Medicaid Waiver Proposal: Sweeping Changes To Medi-Cal Program 
Impacting Hundreds of Thousands Of People With Disabilities, Mental Health Needs, Seniors & People Uninsured 
Focus of 2 Bills Setc For Hearing June 29th in Assembly Health Committee (SB 208) and June 30th in Senate Health
 Committee (AB 342)
SACRAMENTO (CDCAN) - Sweeping changes to the State's Medicaid program - called "Medi-Cal" 
contained in the Schwarzenegger  Administration proposal submitted to the federal government earlier this
month that will have major impact to hundreds of thousands of children and adults with disabilities, mental 
health needs, the blind, seniors, and persons without health insurance,  is the focus of two identical bills to be 
heard Tuesday (June 29) at 1:30 PM  before the Assembly Health Committee (SB 208)  at the State Capitol in 
Room 4202 and Wednesday (June 30) at 1:30 PM  before the Senate Health Committee (AB 342) at the State 
Capitol in Room 3191.  Both hearings will be televised on CalChannel (see their website at www.calchannel.com) 
and people can still write letters to the committee regarding the issues in the two identical bills (see CDCAN 
Report for committee members and addresses).
(Click here for 6 page pdf CDCAN Report #128-2010 reporting on the two bills and hearings)
(Click here for 26 page pdf file of SB 208 as amended June 22, 2010 - identical to AB 342)
(Click here for 26 page pdf file of AB 342 as amended June 23, 2010 - identical to SB 208)
(POSTED JUNE 17, 2010)  Fate of Extension of Temporary Increase in Medicaid Funding to the State
Uncertain in the US Senate - US Senate Democrats Offer Up New Version of Bill - Keeps Extension of
Medicaid Funding In - But Reduces Overall Price Tag of Bill from $140 Billion to $118 Billion
The issue has major impact to California, which would receive about $2 billion of the Medicaid money if the
temporary increase in matching funds is extended from December 31, 2010 to June 30, 2011.  
If that increase is not extended, California's budget hole would increase by $2 billion, placing enormous 
pressure on policymakers to make major additional spending cuts.  
(Click here for CDCAN Report #119-2010 on the issue)
(Click here for 399 page pdf copy of June 16, 2010 substitute amendment by Sen. Baucus to HR 4213 - Medicaid funding page 300))
(Click here for 4 page pdf copy of summary of proposed substitute amendment by Sen. Baucus to HR 4213)
(POSTED JUNE 15, 2010) - Budget Conference Committee Meets June 15th at 1 PM - Will Begin 
With AB 3632 Mental Health Special Education Mandate Proposed Suspension & Finish Up Education Items
(Click here for CDCAN Report #113-2010 on the budget conference committee hearing)
(Click here for the errata -  addition - to the education budget conference agenda regarding AB 3632)
(POSTED JUNE 14, 2010) - US Senate Democrats May Have Votes For Final Passage of 
Bill To Extend Temporary Increase of Federal Medicaid Matching Funds to the States
(Click here for CDCAN Report #112-2010 on this issue)
(POSTED JUNE 10, 2010) - MEDICAID SECTION 1115 WAIVER PROPOSAL 
SUBMITTED BY SCHWARZENEGGER ADMINISTRATION TO FEDERAL GOVERNMENT
Major Impact to People with Disabilities, Mental Health Needs, the 
Blind, Seniors 
SACRAMENTO, CALIF (CDCAN) -  The Schwarzenegger Administration released 
today a 4 page letter and 71 page comprehensive Medicaid Section 1115  
Demonstration Project Waiver proposal, titled "A Bridge to Reform" that it 
submitted last week (June 4th) to the federal government for approval. 
Approval from the federal government could take several months.  
The proposed waiver seeks to renew and significantly expand the existing 
Section 1115 Medicaid Waiver that is due to expire August 2010, will have, 
as proposed,  sweeping impact on thousands of people with disabilities, 
mental health needs, the blind and seniors in the Medi-Cal program
(Click here for CDCAN Report #110-2010 on this issue)
(Click here for 71 page pdf official "Bridge to Reform" Section 1115 Medicaid Waiver Proposal)
(Click here for 4 page scanned pdf letter to federal government)
(Click here for 243 page pdf file Interim Evaluation Report of the HCCI in California with appendix A-H)
Note: "HCCI" stands for "Health Care Coverage Initiative"
(POSTED JUNE 7, 2010) - HEALTH INSURANCE PLANS AND CHILDREN WITH AUTISM SPECTRUM
DISORDERS & THEIR FAMILIES FOCUS OF JUNE 10TH SENATE AUTISM SELECT COMMITTEE HEARING
SACRAMENTO, CA (CDCAN) -  The Senate Select Committee on Autism and Related Disorders, chaired by 
Senate President Pro tem Darrell Steinberg (Democrat - Sacramento), [photo left of Sen. Steinberg]  will hold 
an informational hearing that will focus on the controversial issue of children with autism spectrum disorders 
and their families and the problems with their private health insurance plans in covering critical services, 
scheduled for June 10, 2010 (Thursday) from 10:30 to 1:00 PM, at the State Capitol in Room 3191.  The 
informational hearing is scheduled to be televised by on CalChannel (check your local cable listing) and webcast 
live on CalChannel's website, www.calchannel.com   CDCAN will issue a full report on the hearing Thursday
(Click here to view or download CDCAN Report #103-2010 on the upcoming informational hearing)
(Click here to view or download 2 page SCANNED pdf file of the June 10th committee agenda)
(Click here to view or download 10 page pdf file of SB 1283 (health insurance grievances) as amended May 28, 2010)
(Click here to view or download 10 page pdf file of SB 1282 (behavioral analysis) as amended May 26, 2010)
 (POSTED JUNE 2, 2010)  BUDGET CONFERENCE COMMITTEE HEARINGS BEGIN JUNE 3rd
SACRAMENTO, CA  (CDCAN ) - A special joint committee composed of members of both the Assembly and State 
Senate, called a  "conference committee" to be chaired this year by Sen. Denise Ducheny (Democrat - San Diego), will 
hold its first hearing June 3, Thursday afternoon at 1:00 PM at the State Capitol in Room 4203 to begin the process of 
resolving any different actions taken by the Assembly and Senate on a wide range of budget issues.   
An agenda for the conference committee - hundreds of pages long, was released today, including a 9 page section 
Focusing on human services budget issues and a 46 page section dealing with health budget issues (including Medi-Cal).
Only those budget issues where the Assembly and State Senate took DIFFERENT actions are issues on the conference
 committee agenda.  Budget issues where both houses took the same actions are, for now, part of Governor's proposed 
2010-2011 State Budget, as revised - but still requires approval of both houses of the Legislature and the Governor.  
Given the major differences that Legislative Democrats and Republicans and the Governor have on resolving the budget 
deficit, passage of a budget will not happen anytime soon, most Capitol observers agree.  
All 10 Conference Committee Members Named
The budget conference committee will be larger than in other years, with a total of 10 members - 5 from the Assembly and 
5 from the State Senate.
The State Senate announced on Tuesday  its members on the budget conference committee:
Senate Democratic Members (3):  Denise Ducheny (chair of the Senate Budget and Fiscal Review Committee),  Mark Leno
 (chair of the Senate Budget Subcommittee #3 on Health and Human Services)  and Alan Lowenthal, (chair of the Senate 
Transportation and Housing Committee)
Senate Republican Members (2):  Bob Dutton (vice chair of the Senate Budget and Fiscal Review Committee and incoming 
Senate Republican Leader) and Sen. Bob Huff (vice chair of the Senate Education Committee).  
The Assembly announced its 5 conference committee members today (Wednesday):
Assembly Democratic Members (3): Bob Blumenfield (chair of the Assembly Budget Committee), Felipe Fuentes (chair of the 
Assembly Appropriations Committee), and Nancy Skinner (chair of the Assembly Rules Committee)
Assembly Republican Members (2): Connie Conway (vice chair of the Assembly Appropriations Committee) and Jim Nielsen
 (vice chair of the Assembly Budget Committee)
Hearings Will Continue Possibly Through June 11th
After Thursday, budget conference committee hearings are scheduled through Friday, June 11th,  (including the weekend) at the 
call of the committee chair.  
All budget conference committee hearings are open to the public and televised - though public testimony is not taken at these hearings.  
At this point in the budget process, the Governor's proposed 2010-2011 State Budget that includes changes that both the Senate 
and Assembly Democrats passed in recent weeks, is contained in AB 190.  After the budget conference committee phase ends, that bill
 number will likely change as the process moves forward (CDCAN will report any changes).  
(Click here to view or download CDCAN Report #100-2010 reporting on the budget conference committee)
(Click here to view or download CDCAN Report #098-2010 reporting on the conference committee)
(Click here to view or download 9 page pdf file - Human Services budget items from the 2010 Budget Conference Committee Agenda)
(Click here to view or download 46 page pdf file - Health budget items from the 2010 Budget Conference Committee Agenda)
(Click here to view or download 30 page pdf file - Transportation budget items from the 2010 Budget Conference Committee Agenda)
(Click here to view or download 50 page pdf file - Education budget items from the 2010 Budget Conference Committee Agenda)
(Click here to view or download 23 page pdf file - General Government budget items from the 2010 Budget Conference Committee Agenda)
(Click here to view or download 13 page pdf file - Public Safety budget items from the 2010 Budget Conference Committee Agenda)
(POSTED MAY 25, 2010) - Governor's Medi-Cal, Mental Health Budget Proposals 
Focus of Senate Budget  Committee May 26th - Controversial Proposal to Renew and 
Expand Medi-Cal Quality Assurance Nursing Home Provider Fee Also on Agenda
Assembly Budget Subcommittee on Health & Human Services Also Scheduled 
to Meet At Same Time Though Mostly "For Vote Only" Items 
 SACRAMENTO, CALIF (CDCAN)  0 Several controversial budget proposals by the Governor 
will be the focus of the full Senate Budget and Fiscal Review Committee and the Assembly 
Budget Subcommittee #1 on Health and Human Services when they hold separate hearings 
Wednesday morning (May 26th) at nearly the same time.  
This is the final week of budget subcommittee hearings - though the Senate Budget and Fiscal 
Review Committee is meeting and taking final action instead of its 5 subcommittees this week
Both houses of the Legislature have held and scheduled their final budget subcommittee hearings 
Wednesday and Thursday this week, taking final action on several of the Governor's major proposals 
impacting people with disabilities, mental health needs, the blind, seniors and their families, before 
the budget process heads to the next phase of "budget conference committee" hearings in early June.   
Senate Budget Committee Likely Will Draw More Attention With Several Controversial Issues on Agenda
Of the two hearings on Thursday morning, the Senate Budget and Fiscal Review Committee hearing is 
likely to be longer and more important in terms of attendance by the public because it is taking up budget 
issues proposed by the Governor as part of his May 14th budget revisions that this committee has not yet 
heard before.  
The public will have an opportunity -as it did Tuesday before this same committee, to provide brief public 
testimony on these issues that focus largely on Medi-Cal and Mental Health proposed reductions, in addition 
to one "for vote only" item relating to increasing from 3% to 4.25% beginning July 1, 2010 through June 30,2010 
a reduction in payments for most regional center providers and to regional center operations.  
Controversial Proposal to Extend and Expand Quality Assurance Fee For Nursing Homes on Senate Agenda
A controversial proposal by the Schwarzenegger Administration to extend and expand the Quality Assurance Fee 
for nursing homes that imposes a provider "tax" that is matched by federal Medicaid funds that in turn is partially 
given back to the provider in the form of higher reimbursement rate is on the May 26th Senate Budget and Fiscal 
Review Committee agenda - though it is listed after many other controversial items that will be heard first.  
The State retains part of that increased funding that comes back to the State to help pay for other State general fund 
expenses.  
This issue is referred to sometimes as the "AB 1629 Reauthorization" - named after the bill that first authorized it in 2004.
The proposal was controversial then and now, with disability and some senior advocates deeply concerned or in opposition 
to the proposal because they have claimed the State has not done a good job in oversight to make sure nursing homes 
who received the increased reimbursement rate improved quality of care inaddition to passing on the increased funding to
 their workers.  Some nursing home providers raised concerns with some of the new proposed measures to improve oversight 
and limit how the increased funding can be used.  
(Click here to view Part ONE of Assembly Budget Subcommittee May 26, 2010 Hearing Agenda - 24  page pdf file)
(Click here to view Part TWO of the Assembly Budget Subcommitttee May 26, 2010 Hearing Agenda - 52 page pdf file)
(Click here to view Senate Budget & Fiscal Review Committee May 26th Hearing Agenda - 71 page pdf file)
(Click here to view 3 page information sheet from Department of Health Care Services on AB 1629 Quality Assurance Fee)
(Click here to view CDCAN Report #091-2010 on these hearings)
NEW (POSTED MAY 25, 2010) - ASSEMBLY SPEAKER PEREZ PROPOSES "CALIFORNIA JOBS BUDGET" THAT WOULD 
ELIMINATE MOST OF  GOVERNOR'S BUDGET CUTS
Governor's Proposed Budget Cuts Would Be Rejected - Funds Would Be Borrowed from Bottle Recycling Fund and  Raised 
From Other Revenues Including Oil Severance Tax - Proposal Called "Innovative" By Many Advocates - Would Propose IHSS 
Provider "Fee" But Would Reject $750 Million Cut Proposed by Governor
SACRAMENTO, CALIF (CDCAN) [Updated 05/25/2010  03:45 PM  (Pacific Time)] - In a dramatic move that could shake the 
State's budget picture completely, Assembly Speaker John A. Pérez (Democrat - Los Angeles) unveiled this afternoon a "California 
Jobs Budget" proposal that he said would reject  nearly all of the Governor's proposed budget reductions to education, health and 
human services, and save over 430,000 jobs in the State from being eliminated and create over 30,000 new jobs. 
"This is a creative approach at solving the two most urgent problems facing our state: creating jobs and closing our deficit," the 
Assembly Speaker said this afternoon Pérez, adding that "the California Jobs Budget gets us through a difficult period and puts us 
much further ahead on the path to economic recovery by focusing on jobs." 
While more details are yet to emerge from the Assembly Speaker's proposal, most advocates have praised it, though want to take a 
closer look at it over the coming days and nearly all Capitol observers said the proposal was innovative - even if one might not support 
the concept.  
Senior staff in the Assembly Speaker's office said the proposal was a "first step" in a long process and said it would move forward in 
the regular budget process in the coming weeks to allow both houses of the Legislature and the public to fully review and comment 
on the proposal.  
(Click here to view the California Jobs Budget proposal by the Assembly Speaker - 13 page pdf file)
(Click here to view CDCAN Report #090-2010 reporting on Assembly Speaker on this issue)
(POSTED MAY 24, 2010) - CALIFORNIA BUDGET CRISIS - UPDATED SCHEDULE OF 
FINAL ROUND OF BUDGET SUBCOMMITTEE HEARINGS - SCHEDULED TO END THIS WEEK
Both houses of the Legislature will hold their final budget subcommittee hearings Tuesday and 
Wednesday (and if needed, Thursday) this week, taking final action on several of the Governor's
 major proposals impacting people with disabilities, mental health needs, the blind, seniors and '
their families, before the budget process heads to the next phase of "budget conference committee" 
hearings in early June.   
The full Senate Budget and Fiscal Review Committee will be meeting this week instead of its budget 
subcommittees, to take final action - though in the Assembly, their budget subcommittees will take 
final action this week.State Senate Full Budget Panel Will Meet Instead of Subcommittees
* May 25th - In the State Senate, the full Senate Budget and Fiscal Review Committee will meet 
tomorrow at 09:30 AM at the State Capitol in Room 4203 focusing on human service including 
mental health and childcare budget issues.
* May 26th - On Wednesday the full Senate budget panel will meet to hear health related budget 
issues including developmental services and take final action, instead of its five budget 
subcommittees (Disability Capitol Action Day) 
* May 27th - It will hold what will likely be its final hearing to close out the Senate budget 
subcommittee phase of the budget process on Thursday (May 27) focusing on education issues. 
Assembly Budget Subcommittees Will Meet This Week To Take Final Action
In the Assembly, its five budget subcommittees held hearings last week and took several final 
actions and will be  holding their final hearings on Wednesday (May 26th)  and possibly Thursday to 
take any remaining final actions
(Click here to view or downloaded 24 page pdf file of the May 25th Senate Budget Committee Agenda)
(Click here to view or downloaded 9 page CDCAN Report 88-2010 Reporting on Hearings)
(POSTED MAY 21, 2010) - Senate Budget Subcommittee #3 on Health and Human Services May 21, 2010 
hearing agenda focusing on developmental services, some Department of Public Health issues, 2 issues under the
Department of Health Care Services, and several items (for vote only) under Department of Mental Health [neither 
deal with Governor's proposals to reduce by 60% county mental health funding or suspension of the AB 3632 
special education mandate for mental health services]
Also: proposed budget related language (referred to as "budget trailer bill") dealing with the Governor's proposal
for additional 1.25% reduction in payments to most regional center providers and to regional center operations, and
a proposal to temporarily suspend some reporting requirements and other rules to help providers deal with the 
additional reduction (that would be on top of the existing 3% cut imposed last February 2009 and that was extended
to continue through June 30, 2011.  The 1.25%, if approved, would increase that cut to 4.25% effective July 1, 2010 
through June 30, 2011)
(Click here to view or download 43 page pdf file May 21 Senate Budget Subcommittee hearing agenda)
(Click here to view or download 2 page proposed budget related language dealing with 1.25% reduction)
(Click here to view or download CDCAN Report #087-2010 on this hearing and update hearing schedule)
(POSTED MAY 19, 2010)  ASSEMBLY BUDGET SUBCOMMITTEE MAY 20TH AGENDA
Assembly Budget Subcommittee on Health and Human Services will meet May 20, Thursday
at the State Capitol in Room 4202.  The exact time depends on whenever the Assembly Floor
session, which is scheduled to begin at 09:00 AM, ends, which could be around 11:00 AM
Today's hearing will focus on the Governor's $750 million proposed cuts to Medi-Cal including
annual caps (limits) on the amount of money that can be spent on hearing aids and durable
medical equipment including wheelchairs; copayments on many services, and more; proposed
cuts by the Governor to mental health services, regional centers, and Healthy Families.
(Click here to view or download 31 page - pdf file - hearing agenda)
(Click here to view or download CDCAN Report #085-2010 about this hearing)
(POSTED MAY 7, 2010) - SECTION 1115 MEDICAID WAIVER DRAFT IMPLEMENTATION
PLAN RELEASED BY SCHWARZENEGGER ADMINISTRATION
This draft plan will discussed at the May 13 (Thursday from 09:30 AM to 12:30 PM) at the Section
1115 Medicaid Waiver Stakeholder Advisory Committee established by the Department of Health
Care Services (as required by budget related legislation passed last year).  This draft implementation
plan is the next step toward seeking from the federal government renewal and dramatic expansion of
an existing pilot demonstration project authorized under Section 1115 of the federal Social Security
Act (which is where the "Section 1115 Waiver" name comes from].  California is seeking to renew and
expand that waiver - which originally deals with providing Medicaid funding for hospitals who provide
health services to uninsured persons - to include that and tens of thousands of people with 
disabilities, mental health needs, and seniors - who would be required to receive services under a
"organized system delivery of care".  Details are still not yet available.  
(Click here to view May 2010 draft implementation plan issued by the Department of Health Care Services)
(Click here to view membership of the Section 1115 Medicaid Waiver Stakeholder Advisory Committee)
(Click here to view CDCAN Report 074-2010 dated May 7, 2010 reporting on the draft plan and meetings)
(Click here to view Department of Health Care Services' December 2009 concept paper on the proposal)
(Click here to view list of what other states are doing with their Section 1115 Medicaid Waivers]  
(Click here to view 2 page section regarding "vulnerable populations" from Department of Health Care Services)
(Click here to view May 13, Section 1115 Medicaid Waiver Stakeholder Advisory Committee Public Meeting Agenda)
(POSTED MAY 4, 2010)  Assembly Budget Subcommittee #1 on Health and
Human Services May 5 Hearing Agenda - Focus on IHSS, SSI/SSP, Regional
Centers and Proposed Closure of Lanterman Developmental Center
The Assembly Budget Subcommittee #1 on Health and Human Services, chaired
by Assemblymember Dave Jones (Democrat - Sacramento) will meet May 5th,
Wednesday, at the State Capitol in Room 4202 (note room change) upon 
adjournment of the Assembly Governmental Organization Committee, which meets
at 1:30 PM and is expected to finish its hearings on bills at about 2 PM.  The 
budget subcommittee hearing begins whenever that committee adjourns its hearing.
(Click here to view or download the 53 page subcommittee agenda - pdf file)
(Click here to view or download CDCAN Report #072-2010 on the hearing)

(POSTED MAY 1, 2010)  - ASSEMBLY BUDGET SUBCOMMITTEE #1 ON HEALTH AND
HUMAN SERVICES MAY 3rd HEARING AGENDA

The Assembly Budget Subcommittee #1 on Health and Human Services will meet next on May 3rd 
(Monday) at 1:30 PM in the State Capitol in Room 127 dealing certain budget issues under the 
Department of Mental Health including the Mental Health Services Oversight and Accountability 
Commission, overview of major community based program areas including Early and Periodic 
Screening, Diagnosis and Treatment Program (EPSDT).  The subcommittee will also hear three 
budget proposals by the Governor impacting programs under the Department of Social Services 
including the proposed elimination of the Cash Assistance Program for Immigrants (CAPI) that 
provides small grants to legal immigrants with disabilities, the blind and seniors who do not qualify 
for the SSI/SSP (Supplemental Security Income/State Supplemental Payment) program.  
(Click here to view or download a PDF file copy of the 47 page subcommittee agenda)
(Click here to view or download the CDCAN Report #071-2010 regarding this hearing)

(POSTED APRIL 29, 2010)  SENATE BUDGET SUBCOMMITTEE #3 ON HEALTH  AND
HUMAN SERVICES HEARING APRIL 29, 2010
The Senate Budget Subcommittee #3 on Health and Human Services is scheduled to hold a 
hearing on April 29, 2010 (Thursday) at 09:30 AM or upon adjournment of the Senate floor 
session, at the State Capitol in Room 4203.  
The proposed closure of Lanterman Developmental Center is on the agenda as a "Special 
Order" of business - meaning it will be heard first.  Certain items dealing with community-based
services (regional centers) follow in a separate agenda including the Governor's January 8th 
proposal for an additional $25 million reduction in State general funding. Late last week the
Schwarzenegger Administration announced it proposes to achieve that reduction with an 
Additional 1;.25% cut in payments to most regional center providers on top of the 3% 
reduction now in place since February 2009  and that was extended until June 30,2011.  If
the Legislature approves the reduction, the total payment cut would be 4.25% beginning
July 1, 2010.   Senate Budget Subcommittee staff is recommending that the proposal
Remain "open" until after the release of the Governor's budget revisions that are expected
to be released May 14th.  
(Click here to view Part 1 of  04/29/10 Senate Budget Subcommittee Agenda covering Lanterman Developmental Center)
(Click here to view Part 2 of 04/29/10 Senate Budget Subcommittee Agenda on community-based services)
(POSTED APRIL 23, 2010)  DEVELOPMENTAL CENTERS FOCUS OF LEGISLATIVE
AND BUDGET SUBCOMMITTEE HEARINGS IN COMING WEEKS - ISSUE OF PROPOSED
CLOSURE SUBJECT OF KQED PUBLIC RADION PROGRAM
Under the shadow of a still unresolved enormous state budget deficit, the issue of the 
state owned and operated developmental centers - formerly called state hospitals - 
where just over 2,100 people with developmental disabilities still reside, will be the 
focus of a legislative oversight hearing and budget subcommittee hearings next week, 
with another budget subcommittee hearing on the subject the first week of May.   
The issue of the proposed closure of the state facility was also the focus this week in
the KQED public radio series called "Health Dialogues" that included a segment on 
Lanterman Developmental Center - and also the closure of Agnews Developmental Center,  
cuts enacted impacting community-based services, the impact of the federal health care 
reform act, and recent budget reductions impacting dental and early intervention services.  .
(Click here to view CDCAN Report #065-2010 about Developmental Centers legislative & budget hearings)
(Click here to view or download Assembly Human Services Committee Background Briefing Paper on Agnews Closure Report)
(Click here to view or download April 27, 2010 Assembly Human Services/Assembly Select Committee on Disabilities hearing agenda)
(Click here to view or download April 22, 2010 KQED Public Radio "Health Dialogues" Program on Lanterman Developmental Center)
POSTED APRIL 7, 2010) AUDIO RECORDING - 3/17/2010 CDCAN TOWNHALL TELEMEETING
PROPOSED CLOSURE OF LANTERMAN DEVELOPMENTAL CENTEFEATURING DEPARTMENT OF DEVELOPMENTAL SERVICES 
DIRECTOR TERRI DELGADILLO & OTHER SENIOR STAFF
Over 350 people participated in this townhall telemeeting that was the last statewide public forum 
that gave people an opportunity to provide brief comments and ask questions about the proposed closure 
to directly to senior Schwarzenegger Administration officials before the proposed plan was finalized and 
submitted to the Legislature April 1st for approval in the coming months.  People across the state, including 
residents, families, workers, local providers, regional center staff, other state or local agencies, and others 
participated in this townhall using the toll free lines.   (Note: people will also have opportunities to make 
comments on the proposed plan after it is submitted, at budget subcommittee hearings scheduled for late 
April and early May
RIGHT CLICK HERE TO DOWNLOAD MP3 FILE AUDIO RECORDING OF THIS TOWNHALL
RIGHT CLICK HERE TO DOWNLOAD REAL MEDIA AUDIO RECORDING OF THIS TOWNHALL
(POSTED MARCH 3, 2010) - MORE LEGAL SETBACKS FOR SCHWARZNEGGER
ADMINISTRATION ON 5% MEDI-CAL PROVIDER RATE CUTS
In two more decisions issued today (March 3, 2010), a 3 judge panel of the US 9th Circuit Court
of Appeals ruled against the Schwarzenegger Administration and upheld in two separate federal
cases, federal district court injunctions that blocked a 5% rate reduction to Medi-Cal fee for
service pharmacies and the 5% cut to adult day health centers. Those cuts were part of 
the 2008-2009 State Budget passed in September 2008 and were scheduled to go into effect
March 1, 2009 last year - though both reductions were blocked by injunctions shortly before or
a few weeks after that effective date.  
(Click here to view or download the 6 page opinion released a memorandum by the court - in a pdf file)
(Click here to view or download CDCAN Report #049-2010 reporting on the court decision)
(Click here to view 21 page opinion by the 9th Circuit Court of Appeals on the Adult Day Health Care Medi-Cal Cut)
NEW! (POSTED MARCH 3, 2010) - US 9th CIRCUIT COURT OF APPEALS UPHOLDS LOWER FEDERAL
DISTRICT COURT ORDER THAT BLOCKED SCHWARZENEGGER ADMINISTRATION FROM 
IMPLEMENTING STATE CUT TOWARD IHSS WORKER WAGES
The US 9th Circuit Court of Appeals issued a ruling today (March 3, 2010) against the Schwarzenegger
Administration, upholding US Federal District Court Judge Claudia Wilken's order issued June 25, 2009
that blocked the state from implementing a reduction of the State's participation toward In-Home 
Supportive Services (IHSS) worker wages. That reduction was passed as part of the 2009-2010 State 
Budget package passed four months early February 2009 last year.  
(Click here to view 21 page opinion issued March 3, 2010 by the US 9th Circuit Court of Appeals pdf file)
(Click here to view the original injunction issued by Judge Wilken on June 25, 2009 -  2 page pdf file)
(Click here to view CDCAN Report 048-2010 covering the 9th Circuit Court of Appeals decision pdf file)
(Click here to view CDCAN Report #195-2009 covering Federal District Court's original injunction pdf file)
(Posted February 9, 2010) Assembly Budget Subcommittee on Health & Human
Services Agenda for the February 10th hearing on the Governor's special session budget
reduction proposals impacting In-Home Supportive Services (IHSS), SSI/SSP individual
grants, CalWORKS, Cash Assistance Program for Immigrants (CAPI), California Food
Assistance Program (CFAP), reduction or fund shifting of Proposition 10 funds (California
Children and Families Commission)
(Click here to view or download the Assembly Budget Subcommittee hearing agenda)
(Click here to view CDCAN Report #036-2010)
NEW (Posted February 9, 2010) Public Hearing on the Proposed Closure of Lanterman
Developmental Center in Pomona, February 24 12 noon to 7 PM in the auditorium at
Lanterman Developmental Center hosted by the Department of Developmental Services.
(Click here to view public hearing agenda)
(Click here to view CDCAN Report #037-2010 on this public hearing)
NEW (Posted February 9, 2010) Disability and Senior Advocate Maggie "Dee" Dowling
Slowly Recovering At Home After Complications from Major Cancer Surgery  - March 18th
Event To Honor Life and Work of Senior Advocate Bill Powers
(Click here to view CDCAN Report #035-2010)
(POSTED FEBRUARY 2, 2010) - STATE SENATE & ASSEMBLY BUDGET HEARINGS
ON GOVERNOR'S PROPOSED SPECIAL SESSION BUDGET CUTS
(CLICK HERE TO VIEW LATEST CDCAN REPORT 030-2010 ON HEARINGS)
(CLICK HERE TO VIEW CDCAN REPORT 031-2010 ON SENATE BUDGET COMMITTEE AGENDA)
(CLICK HERE TO VIEW FEB 2, 2010 SENATE BUDGET AND FISCAL REVIEW FINAL-REVISED AGENDA)
(POSTED FEBRUARY 2, 2010)  STATE CONTROLLER JOHN CHIANG QUESTIONS
OVERSIGHT OF IHSS WORKER PAYMENTS BY DEPARTMENT OF SOCIAL SERVICES AND
COUNTIES  
(CLICK HERE TO VIEW CDCAN REPORT #029-2010 ON THIS ISSUE)
(CLICK HERE TO VIEW  6 PAGE PDF FILE LETTER FROM CONTROLLER'S OFFICE) 
1925 Photo of Lanterman Developmental Center - then called "Pacific Colony"SCHWARZENEGGER ADMINISTRATION
PROPOSES CLOSURE OF 
LANTERMAN DEVELOPMENTAL CENTER
(Photo left of first residences in 1925 at what was
then known as "Pacific Colony" and later
in 1979 changed to "Frank D. Lanterman State
Hospital and Developmental Center" and by the 
1980's shortened to "Frank D. Lanterman Developmental
Center)
(POSTED JANUARY 29, 2010) - SCHWARZENEGGER ADMINISTRATION ANNOUNCES
PROPOSAL TO CLOSE LANTERMAN DEVELOPMENTAL CENTER IN POMONA 
CLICK HERE TO VIEW CDCAN REPORT #025-2010 ON BREAKING NEWS ANNOUNCEMENT OF CLOSURE)
(CLICK HERE TO VIEW CDCAN REPORT #026-2010 WITH MORE DETAILS ANNOUNCEMENT)  
(CLICK HERE TO VIEW OFFICIAL 01/29/2010 PRESS RELEASE FROM DEPT OF DEVELOPMENTAL SERVICES)
( CLICK HERE TO VIEW 01/29/2010 LETTER TO CONSUMERS, FAMILIES & STAFF AT LANTERMAN DEVELOPMENTAL 
CENTER FROM DDS DIRECTOR TERRI DELGADILLO)
(CLICK HERE TO VIEW 01/29/2010 LETTER TO LEGISLATURE FROM DDS DIRECTOR TERRI DELGADILLO)
 
(POSTED JANUARY 26, 2010)  BUDGET & OVERSIGHT HEARING AGENDAS
January 26, 2010 Senate Budget and Fiscal Review Committee agenda focusing on the
Governor's special session health budget reduction proposals, including proposals for
major cuts to Medi-Cal, elimination of Adult Day Health Care, continued 3% reduction
for most regional center provider payments and operations; cut to mental health services
by shifting funding from Proposition 63 Mental Health Services Act
(CLICK HERE TO VIEW JANUARY 26 SENATE AGENDA)
(CLICK HERE TO VIEW CDCAN REPORT #022-2010 ON THE HEARING)
(CLICK HERE TO VIEW CDCAN REPORT #021-2010 ON THE HEARING)
January 27, 2010 Assembly Budget Committee and Senate Budget Subcommittee #3
on Health and Human Services 3rd Oversight Informational Hearing on Implementation
of Recent In-Home Supportive Services Reforms
(CLICK HERE TO VIEW FINAL JANUARY 27 OVERSIGHT HEARING AGENDA)
(CLICK HERE TO VIEW BACKGROUND PAPER)
(CLICK HERE TO VIEW ATTACHMENT A - SUMMARY OF MAJOR REFORMS)
(CLICK HERE TO VIEW LETTER FROM CA ASSOCIATION OF PUBLIC AUTHORITIES - CAPA)
(CLICK HERE TO VIEW LETTER FROM IHSS COALITION)
(POSTED JANUARY 20, 2010)  SCHWARZENEGGER ADMINISTRATION RELEASES PROPOSED
SPECIAL SESSION BUDGET LEGISLATIVE LANGUAGE TO IMPLEMENT MEDI-CAL REDUCTIONS
Trailer Bill Language Includes Proposal to Implement $750 Million In Reductions to Medi-Cal Program
and Elimination of All Medi-Cal Funding for Adult Day Health Care
SACRAMENTO, CALIF (CDCAN) [Updated 01/20/10  09:20 PM  (Pacific Time)]  - The Schwarzenegger 
Administration released today proposed budget special session legislative language that, if approved by 
the Legislature, would eliminate all Medi-Cal funding for Adult Day Health Care (about $104 million in State 
general fund money), and implement other permanent reductions - called "cost containment strategies" of 
over $750 million in State general fund spending to the Medi-Cal program, and reductions impacting family 
planning services, and Medi-Cal benefits to newly qualified legal immigrants and other legal immigrants 
legally residing in the State.  The Governor's proposed special session budget reductions to the Medi-Cal 
program, if approved by the Legislature, would total  nearly $1 billion in State general fund spending
(CLICK HERE TO VIEW OR DOWNLOAD CDCAN REPORT #019-2010 FOR DETAILS)
(CLICK HERE FOR 1 PAGE PDF FILE TRAILER BILL LANGUAGE ON ADULT DAY HEALTH CARE)
(CLICK HERE FOR 2 PAGE PDF FILE TRAILER BILL LANGUAGE ON MEDI-CAL COST CONTAINMENT)
(CLICK HERE FOR 1 PAGE PDF FILE TRAILER BILL LANGUAGE ON FAMILY PLANNING SERVICES)
(CLICK HERE FOR 12 PAGE PDF FILE TRAILER BILL LANGUAGE ON MEDI-CAL CUTS TO LEGAL IMMIGRANTS) 
 (POSTED JANUARY 15, 2010)  CDCAN TOWNHALL TELEMEETINGS
January 12, 2010 CDCAN Townhall Telemeeting focused on Governor's proposed 
reductions to In-Home Supportive Services (IHSS), SSI/SSP (the federal Supplemental 
Security Income/State Supplemental Payment program grants), Cash Assistance 
Program for Immigrants (CAPI), CalWORKS (State's "welfare to work" program) and 
Featured senior Schwarzenegger Administration officials in the California Department of 
Social Services: John Wagner, Director - Bob Garcia, Chief Deputy Director - Pete Cervinka,
Deputy Director - Eva Lopez, Deputy Director and Eileen Carroll, Bureau Chief, Adult
Programs Division.  Over 370 people participated in this townhall telemeeting.
(RIGHT CLICK HERE TO DOWNLOAD MP3 FILE AUDIO RECORDING OF THIS TOWNHALL)
(CLICK HERE TO DOWNLOAD REAL MEDIA AUDIO RECORDING OF THIS TOWNHALL)
January 13, 2010 CDCAN Townhall Telemeeting focused on Governor's proposed 
reductions to the budget under the Department of Developmental Services that funds
community-based services through the 21 non-profit regional centers serving over 
240,000 children and adults with developmental disabilities and services in 
the 4 state owned and operated developmental centers and two smaller facilities.  
Updates on ongoing reductions passed last February 2009 and July was also provided.
Featured senior Schwarzenegger Administration officials from the Department of 
Developmental Services: Terri Delgadillo, Director - Mark Hutchinson, Chief Deputy Director 
- Julia Mullen, Deputy Director - Rita Walker, Deputy Director and Mary Lee Pennington, 
head of the Department's legislative unit. 
Over 800 people participated in this townhall telemeeting,
setting a record (previous record was over 750 people with Kim Belshe last year)
(RIGHT CLICK HERE TO DOWNLOAD MP3 FILE AUDIO RECORDING OF THIS TOWNHALL)
(RIGHT CLICK HERE TO DOWNLOAD REAL MEDIA AUDIO RECORDING OF THIS TOWNHALL)

NEW! (POSTED JANUARY 14, 2010)  SENATE BUDGET & FISCAL REVIEW
COMMITTEE ANNOUNCES SERIES OF BUDGET HEARINGS 
The State Senate Budget and Fiscal Review Committee, chaired by State Sen. 
Denise Ducheny (Democrat - San Diego) announced today a series of public
hearings on the Governor special session budget proposals that require action
by the Legislature before March 1, 2010 in order to take have the actual cuts
take effect on June 1, 2010.  Those proposals include major reductions to the
In-Home Supportive Services (IHSS) program that, if approved, would eliminate
eligibility for all services under IHSS for 87% of the current IHSS caseload - 
meaning over 420,000 children and adults with disabilities, the blind, mental
health needs and seniors would lose all services.  Proposals by the Governor
also call for elimination of the Adult Day Health Care Medi-Cal optional benefit,
reductions to the SSI/SSP individual grant level to the lowest level allowed by
the federal government and other major cuts.
(CLICK HERE TO VIEW CDCAN REPORT #017-2010 FOR DETAILS)

Photo of Ruth Shelton painting (with brush attached to her head) with instructor Val Fernandez - Photo by Gary Brown(POSTED JANUARY 11, 2010)  RUTH SHELTON PASSES AWAY AT AGE 85 - SERVICES SET FOR Proclaimed in 2002 Before Assembly Committee Hearing on Olmstead Decision
Implementation: "I Am of Worth!"

SACRAMENTO, CALIF  [Last updated 01/11/10 11:30 PM] (CDCAN) - Memorial services are scheduled  for Friday afternoon, January 15th  in Sacramento for Ruth Shelton,  a beloved and respected disability  and senior advocate, and artist, who once proclaimed in 2002 to  an Assembly Committee that was  looking at implementation of the 1999 landmark US Supreme Court  Olmstead Decision that "I have a mind!  I have a choice! I am of worth! I am important! I am a child of  God!"   
Shelton died Friday morning (January 8th)  in her home, with hospice services, that she shared with her  friend and partner Laura Lee.  Shelton, who was born in 1924, celebrated her birthday in December, and  was 85 years old. She had been ill for at least the last several months.  
[Photo from above left of Ruth Shelton painting at Short Center in Sacramento with instructor Val Fernandez   Photo by Gary Brown]
(CLICK HERE TO VIEW OR DOWNLOAD 5 PAGE CDCAN REPORT 012-2010 - FIRST REPORT OF  SHELTON'S PASSING)
(CLICK HERE TO VIEW OR DOWNLOAD 9 PAGE CDCAN REPORT 013-2010 ON SHELTON'S  PASSING AND REPORT ON SERVICE SCHEDULE & REPRINT OF PAI  ARTICLE)
(CLICK HERE TO VIEW OR DOWNLOAD 3 PAGE PDF PAI NEWSLETTER SUMMER OF 1999 REPRINT OF RUTH SHELTON'S LIFE)

(POSTED JANUARY 6, 2010) - DEPARTMENT OF HEALTH CARE SERVICES 
MEDI-CAL STAKEHOLDER ADVISORY COMMITTEE MEETING 
The Schwarzenegger Administration, authorized by budget related legislation (ABx4 6) 
as part of the revised 2009-2010 State Budget passed and enacted July 2009, will soon
be submitting to the federal government a finalized detailed proposal to renew and 
expand an existing Medicaid Waiver (Section 1115) due to expire August 2010 that 
seeks to make dramatic changes on how people with disabilities, mental health needs,
the blind and seniors receive Medi-Cal services.  The proposal, if approved, would take
effect gradually over a 5 year period.  
(CLICK HERE TO VIEW AGENDA FOR JANUARY 7,. 2010 STAKEHOLDER MEETING - 1 
PAGE PDF FILE)
(CLICK HERE TO VIEW CDCAN REPORT #008-2010 ON THIS MEETING AND ISSUE)
NEW! (POSTED JANUARY 6, 2010) -  TWO CDCAN TOWNHALL TELEMEETINGS
SCHEDULED FOR JANUARY 2010:
(CLICK HERE TO VIEW CDCAN REPORT #007-2010 ABOUT THESE TELEMEETINGS)
JANUARY 12, 2010 - TUESDAY 1:00 to 2:30 PM
FEATURING: 
John Wagner, Director, California Department of Social Services
Eva Lopez, Deputy Director - Adult Programs Division
FOCUS: 
Governor's budget proposals impacting In-Home Supportive Services (IHSS), 
SSI/SSP (Supplemental Security Income/State Supplemental Payment grant 
program), community care licensing, and also updates on impact to adoption 
assistance/foster care programs and CalWORKS, the state's "welfare to work" 
program  (all three programs impact many families with children and parents 
with special needs and disabilities)
JANUARY 13, 2010 - WEDNESDAY 1:00 to 2:45 PM
FEATURING: 
Terri Delgadillo, Director - Department of Developmental Services
Mark Hutchinson, Chief Deputy Director
Julia Mullen, Deputy Director
Rita Walker, Deputy Director
FOCUS:
Governor's budget proposals (and status of previous budget proposals enacted) 
impacting regional centers who coordinate community-based funded services and 
supports to over 240,000 children and adults with developmental disabilities, including
thousands of infants and toddlers in the California Early Start program (California's early 
intervention program).  Officials will also provide updates on Governor's proposals 
impacting the 4 remaining state owned and operated developmental centers and 2 smaller 
health facilities (one of which is scheduled for closure February 2010).  
HOW TO PARTICIPATE IN BOTH TOWNHALLS:
The instructions to participate in either CDCAN Townhall Telemeeting is the same below:
STEP 1: Dial toll-free number:  877-551-8082  (there is no passcode)
STEP 2: Wait for operator - who will ask for your name and the city you are from
Note: to protect people's privacy, only the first name and the city location will be announced 
on the townhall for anyone wanting to ask a question
STEP 3: Anyone can ask a question (or make brief comment) - wait for instructions that will 
be announced during the townhall telemeeting.  
Please Note:
1. Absolute zero tolerance for anyone who is rude or disrespectful (the audience or speakers) 
2. People Should Speak Simply - With a large and diverse audience of hundreds  of people, 
including those with all types of physical and developmental disabilities, language and cultural 
backgrounds, persons (both speakers and people asking questions) should speak simply and
not use insider government or program terms or abbreviations.  This is important because of 
people's backgrounds, experience and disabilities, but also because CDCAN is working to provide  
real time language translations.   
3. Pending Lawsuits - Officials from either department (or any state, federal or county government agency) 
cannot comment on specific issues subject to a pending lawsuit.  Officials may be able to provide 
general status information  on those specific cases where the State has already released information 
on how it is implementing a court order - meaning a previously or soon to be released All County Letter, 
Notice or other instructions sent out to the public.  However they will not be able to comment or provide 
details beyond what has already been publicly released)
(POSTED JANUARY 1, 2010)  STATE SUPERIOR COURT JUDGE ORDERS GOVERNOR TO
END FURLOUGHS FOR THOUSANDS OF STATE EMPLOYEES
[Updated 01/01//10  12:40 AM  (Pacific Time)]  - In another major legal setback for Governor Arnold Schwarzenegger, 
State Superior Court Judge Frank Roesch issued an order late afternoon on New Year's Eve, ordering the Governor and 
other state officials  to "cease and desist" the mandatory furloughs for tens of thousands of state employees represented 
by SEIU (Service Employees International Union) who are paid through funding other than the State General Fund and 
state employees who in "special fund" state agencies. The judge's order, which said that the Governor overstepped his 
legal authority, also impacts two other state employee unions.  
The Governor's office said the State will appeal the judge's decision.  
The Alameda County Superior Court judge issued the order in the lawsuit "Service Employees International Union Local 1000 
and Yvonne Walker v. Arnold Schwarzenegger, et al."  (case #RG09456750), that was heard on November 16, 2009 and combined 
with two other similar state lawsuits filed by the California Attorneys, Administrative Law Judges and Hearing Officers in State 
Employment (CASE), and the Union of American Physicians and Dentists (UAPD).  
The case is one of at least 20 different lawsuits filed to stop the mandatory furloughs.
The employees covered by the judge's order include those that have direct impact on people with disabilities, mental health needs, 
the blind and seniors.
(CLICK HERE TO VIEW 16 PAGE ORDER OF THE JUDGE - SCANNED IMAGE OF THE ORDER BY THE COURT PDF FILE)
(CLICK HERE TO VIEW GOVERNOR'S EXECUTIVE ORDERS REGARDING FURLOUGHS_
(CLICK HERE TO VIEW CDCAN REPORT #001-2010 ON THE COURT ORDER)

Photo of Attorney Lynn Carman of the Medicaid Defense Fund (photo by Marty Omoto Nov 2009)NEW!  (POSTED DECEMBER 21, 2009) – US 9TH CIRCUIT COURT OF APPEALS STRONGLY REBUKES SCHWARZENEGGER ADMINISTRATION AND ATTORNEY GENERAL BROWN’S OFFICE FOR “LYING” AND “MISLEADING” COURT IN MEDI-CAL PROVIDER  RATE CUT CASE  (photo of attorney lynn carman of medicaid defense fund)

(CLICK HERE TO VIEW 9 PAGE COURT ORDER – PDF FILE)

(CLICK HERE TO VIEW CDCAN REPORT #325-2009 DECEMBER 22, 2009 FOR DETAILS ON THE COURT DECISION) 

 
 (POSTED NOVEMBER 24, 2009)  ELLIS V. WAGNER COURT CASE UPDATE
State Superior Court Judge Frank Roesch Grants Temporary Restraining Order That Stops Temporarily the State
from implementing In-Home Supportive Services Felony Convictions Worker Requirements (until the
next scheduled court hearing on this case, currently set for January 29, 2010)
(click here to view 7 page CDCAN Report #316-2009 November 25, 2009 reporting on the case) (click here to view CDCAN Report #317-2009 )
(click here to view 1 page temporary restraining order pdf file) and 2 page detailed "writ of mandate" (click here to view)
(click here to view 7 page original lawsuit pdf file originally filed on November 12, 2009)
(click here to view attachments 29 page pdf file that was filed with original lawsuit on November 12, 2009 - includes copy of All County Letter and provider forms)
(POSTED NOVEMBER 4, 2009) - NOVEMBER 5, 2009 ASSEMBLY BUDGET COMMITTEE 
INFORMATIONAL HEARING ON IN-HOME SUPPORTIVE SERVICES (IHSS) PROGRAM CHANGES
09:00 AM - State Capitol - Room 4202
(note - this is a follow-up to the October 28, 2009 informational hearing held by the
Assembly Budget Committee (with the Senate Budget Subcommittee #3 on Health and Human
Services)
AGENDA
Second Oversight Hearing on Implementation of Recent Changes in the 
In-Home Supportive Services Program 
Topic:	Status of November 1 Implementation - 
Continuing Concerns Regarding Consumer Impact and County Liability
Kim Belshé, Secretary, California Health and Human Services Agency (Invited) 
John Wagner, Director, California Department of Social Services (Invited) 
Frank Mecca, Executive Director, County Welfare Directors Association of California 
Maggie Dee Dowling, IHSS Consumer, Contra Costa County (By Phone) 
Deborah Doctor, Legislative Advocate, Disability Rights California (formerly PAI)
(CLICK HERE TO VIEW 7 PAGE REVISED BACKGROUND PAPER INCLUDING DEPARTMENT OF SOCIAL SERVICES RESPONSE)
(CLICK HERE TO VIEW 2 PAGE TABLE OF NOTICES, LETTERS SENT BY DEPT OF SOCIAL SERVICES PER ABx4 4 IHSS CUTS)
(CLICK HERE TO VIEW 4 PAGE LETTER FROM DEPT OF SOCIAL SERVICES DIRECTOR TO ASSEMBLY BUDGET COMMITTEE CHAIR)
(CLICK HERE TO VIEW 6 PAGE PDF CDCAN REPORT #305-2009 ON HEARING AND OLMSTEAD MEETING)
(POSTED NOVEMBER 4, 2009) NOVEMBER 5, 2009 OLMSTEAD ADVISORY COMMITTEE MEETING
THURSDAY - 10:00 AM to 4:00 PM at the Department of Rehabilitation Building - Room 242, 721 Capitol Mall, Sacramento, CA 95814
Toll-Free Call In Number:  1-888-232-0362  Passcode:  785453
(CLICK HERE TO VIEW 2 PAGE AGENDA)  or see below:
OLMSTEAD ADVISORY COMMITTEE AGENDA 
(public comment time between each item)
1.  Welcome and Introductory Remarks:  Brenda Premo, Committee Chair 
2.  Secretary's Update: Secretary Kim Belshe
3.  Data Subcommittee: Budget Impacts and Data Needs
Members will discuss concepts for studying the Olmstead-related impacts associated with reductions in the Budget Act of 2009. 
4.  Legislative Discussion
Members will review legislation that has been introduced with Olmstead 	implications. Dave Lucas, Washington D.C. Office Representative will also be available to discuss issues of interest at the federal level.
5.  Working Lunch: Discussion of Workgroups and Olmstead Priorities
Members will discuss methods to advance recommended priorities of the Olmstead Advisory Committee through workgroups and initiative advisory 	capacity
6.  Factors in Nursing Facility Transition 					            
Kate Wilber and Kathryn Thomas will present a study of factors that increase the likelihood for individuals transitioning to the community after having 90-day and longer residence in nursing facilities. 
7.  Medi-Cal Hospital Waiver Renewal							    
The Department of Health Care Services (DHCS) is requesting input from members on the Concept Paper for California's proposed section 1115 Medicaid waiver. This waiver presents the best opportunity for advancing the goals of ABx4 6 to (1) strengthen California's healthcare safety net; (2) maximize opportunities to reduce the number of uninsured individuals; (3) increase federal participation; (4) promote long-term, efficient and effective use of state and local funds; (5) improve healthcare quality and outcomes; and (6) promote home and community-based care. 
DHCS will review the concept and review major points from the public discussion being held on November 2. Information about that meeting can be accessed via the following link.
http://www.dhcs.ca.gov/provgovpart/Documents/Waiver%20Renewal/Director%20Message10-19-09.pdf
8.  Newly Funded Olmstead Initiatives 						    
Members will hear from panelists about recently-funded home and community based service initiatives. The Department of Rehabilitation has announced their intent to award roughly $650,000 through ARRA in support of Olmstead initiatives for education and awareness, technical assistance and training, and peer mentoring programs. The State Independent Living Council was recently awarded an Aging and Disability Resource Center (ADRC) grant.  And as previously reported, DHCS was awarded a Hospital to Home/ADRC Enhancement grant. The OAC has members on several project advisory committees, but the committee as a whole can also serve to apply their perspective and collective expertise to related projects while being updated on progress and project outputs. We would also like input on ways to keep these initiatives coordinated to maximize outcomes. 
9.  California Community Choices
The report is in final stages of review and the Choices project Advisory Committee will be prioritizing recommendations from this report.  The OAC might also offer prioritization of the Study's recommendations relative to advancing existing Olmstead initiatives and workgroup efforts. An upcoming briefing session will be discussed as well as a survey process to garner your input.
10. Closing Remarks				
In consideration of attendees who are sensitive to environmental odors created by chemicals and perfumes, please restrict the use of fragrances at this meeting.  If disability-related accommodations are required for your attendance or you need materials in alternate formats, please contact Megan Juring at (916) 654-0662, TTY (916) 558-5807, or at mjuring@chhs.ca.gov at least seven (7) days prior to the meeting date.  
Please note:  The order in which the agenda items are considered may be subject to change. Opportunities for public comment will be provided throughout the agenda.		


 (POSTED NOVEMBER 4, 2009 12:19 AM)  SB 69 IHSS BILL FAILS PASSAGE
IN THE STATE SENATE - FALLS 4 VOTES SHORT OF PASSAGE
The State Senate, after recessing for over 8 hours, reconvened its floor session at 11:35 PM, and 
at midnight took a final vote on SB 69, with 23 votes in favor and 12 votes opposed and 5 members 
not voting or absent.  The bill -  which passed late Monday evening the Assembly by a vote of 68 to 0,
with support from Assembly Democrats and Republicans, would have delayed the November 1st
implementation of several new requirements for In-Home Supportive Services (IHSS) workers.  
No further action on the bill is expected at this point - and it is not certain what the Legislature, or 
what the counties and advocates will do next.  Both county officials, disability and senior advocates
across the state said "chaos" and "panic and confusion" would grow worse with counties unable to
comply with the new requirements.  Counties have said the state has failed to provide in time needed
direction, guidance, answers to problems and questions, translated materials, funding for staffing
to implement the new requirements by the November 1st date.  (see county letters to the State below)
CDCAN VOTE RECORD REPORT - SB 69 (FINAL VOTE)
STATE SENATE FLOOR VOTE 11/04/09: PASS AS AMENDED (AGREE OR CONCUR IN ASSEMBLY AMENDMENTS) 
VOTE NEEDED TO PASS:  27  
VOTING YES - 23 TOTAL:
SENATE DEMOCRATS (23):  Elaine Alquist, Ronald Calderon, Gil Cedillo, Ellen Corbett, Mark DeSaulnier, Denise Ducheny, Dean Florez, Loni Hancock, Christine Kehoe, Mark Leno, Carol Liu, Alan Lowenthal, Gloria Negrete McLeod, Alex Padilla, Fran Pavley, Curren Price Jr., Gloria Romero, Joe Simitian, Darrell Steinberg (Senate President Pro Tem), Patricia Wiggins, Lois Wolk, Roderick Wright, and Leland Yee.  
SENATE REPUBLICANS (0): ***none***
VOTING NO - 12 TOTAL:
SENATE DEMOCRATS (0): ***none***
SENATE REPUBLICANS (12):  Roy Ashburn, John Benoit, Dave Cogdill, Dave Cox, Jeff Denham, Bob Dutton, Dennis Hollingsworth (Senate Republican Leader), Bob Huff, Abel Maldonado, Tony Strickland, Mimi Walters and Mark Wyland
NOT VOTING, ABSTAIN OR ABSENT
SENATE DEMOCRATS (2):  Lou Correa and Jenny Oropeza 
SENATE REPUBLICANS (3): Sam Aanestad , Tom Harman, and George Runner
(POSTED NOVEMBER 3, 2009)  LATEST ON IHSS WORKER (PROVIDER) REQUIREMENTS
4 PAGE PDF COPY OF SB 69 AS AMENDED AND PASSED BY ASSEMBLY 11/02/09
HTML COPY OF SB 69 AS AMENDED AND PASSED BY ASSEMBLY 11/02/09
ASSEMBLY PASSES MONDAY EVENING AT 10:30 PM SB 69 BY VOTE OF
60 TO 0 - BILL WOULD DELAY NOVEMBER 1st IMPLEMENTATION OF NEW REQUIREMENTS FOR
IN-HOME SUPPORTIVE SERVICES (IHSS) WORKERS.  WINS SUPPORT OF ASSEMBLY 
REPUBLICANS INCLUDING REPUBLICAN LEADER SAM BLAKESLEE OF SAN LUIS OBISPO.
STATE SENATE WILL TAKE UP BILL PROBABLY ON TUESDAY MORNING WHEN THEY 
RECONVENE AT 11:30 AM AFTER AN ALL NIGHT SESSION LARGELY DEALING WITH THE
STATE'S WATER CRISIS.  
ASSEMBLYMEMBER NOREEN EVANS (DEMOCRAT - SANTA ROSA) INTRODUCED THE 
AMENDMENTS TO SB 69 ON THE ASSEMBLY FLOOR JUST BEFORE 10:30 PM MONDAY
EVENING.  THERE WAS NO OPPOSITION TO THE AMENDMENTS OR TO THE BILL.  
SEE CDCAN REPORTS ISSUED MONDAY EVENING FOR DETAILS
More letters - including from Santa Clara County - to the State regarding concerns and problems in
Implementing the IHSS worker requirements
(CLICK HERE TO VIEW OR DOWNLOAD VARIOUS LETTERS FROM COUNTIES - PDF FILES)

(POSTED OCTOBER 27, 2009) AGENDA FOR OCTOBER 28, 2009  JOINT INFORMATIONAL
HEARING OF THE ASSEMBLY BUDGET COMMITTEE AND SENATE BUDGET SUBCOMMITTEE #3
ON HEALTH AND HUMAN SERVICES FOCUSING ON IHSS

Informational hearing (no action or vote was taken) was was held October 28, 2009.
Informational hearing focused on implementation of recent In-Home Supportive Services budget cuts
and budget related program changes, including new requirements for IHSS workers (providers) for 
background checks and fingerprinting.  
(CLICK HERE TO VIEW OR DOWNLOAD 1 PAGE AGENDA PDF FILE)
(CLICK HERE TO VIEW OR DOWNLOAD 10 PAGE HEARING BACKGROUND DOCUMENT PDF FILE)

(POSTED OCTOBER 22, 2009) AUDIO RECORDING 
OF ENTIRE OCTOBER 21, 2009 CDCAN TOWNHALL TELEMEETING 
ON IN-HOME SUPPORTIVE SERVICES (IHSS) PROGRAM CUTS,
NEW REQUIREMENTS AND UPDATE ON LAWSUITS
(CLICK HERE TO DOWNLOAD OR LISTEN TO AUDIO REAL MEDIA 10/21/09 TOWNHALL )
(CLICK HERE TO LISTEN TO AUDIO MP3 FILE 10/21/09 TOWNHALL)
Note: both files could take a few minutes to download 
(POSTED OCTOBER 22, 2009) - US 9th CIRCUIT COURT OF APPEALS 
DENIES MOTION TO STOP ELIMINATION OF THE 9 MEDI-CAL  OPTIONAL BENEFITS
The US 9th Circuit Court of Appeals late this afternoon issued a decision that denied a motion 
by attorneys representing Medi-Cal recipients and advocacy organizations to require the Schwarzenegger 
Administration to stop the budget reduction that eliminated, as of July 1, 2009, 9 Medi-Cal optional benefits
 for adults, including adult dental and to restore those services.  The decision came after a 30 minute hearing 
October 22, 2009 (Thursday morning). 
The court's decision upholds a lower federal district court judge who, in August, declined to issue an injunction 
to stop the elimination of those 9 Medi-Cal benefits - called "optional" because the federal government does not
require the states to provide those services. 
The federal lawsuit - Gray Panthers of San Francisco, et. al v. Arnold Schwarznegger, et al. - was filed last August 
by the Medicaid Defense Fund on behalf of individual Medi-Cal recipients including people with disabilities and low 
income seniors impacted directly by the budget reduction.  
As of July 1, 2009, Medi-Cal will no longer pay for the following "optional benefits" and services for most adults in the 
Medi-Cal program (21 years or older) living in the community but not in nursing or health facilities.  (There are however 
certain important exceptions ):
Adult Dental services, Speech therapy services, Podiatric services, Audiology services, Chiropractic services, Acupuncture services,
Optometric and optician services (ophthalmology, which are doctor services for a person's  eyes, will still continue to be covered),
Psychology services (psychiatry services, and all services through county mental health programs will continued to be covered),
Incontinence creams and washes
 
FEDERAL JUDGE STOPS IHSS CUTS
ISSUES PRELIMINARY INJUNCTION
Photo of Loretta Stevens speaking to crowd outside Federal Courthouse in Oakland October 19, 2009 (Photo by Marty Omoto)OAKLAND, CALIF (CDCAN) [Updated 10/19/09 12:10 PM  (Pacific Time)- Federal 
District Court Judge Claudia Wilken in Oakland blocked the state from implementing 
cuts to eligibility and services under the In-Home Supportive Services (IHSS) program, 
granting a preliminary injunction requested by attorneys representing persons who 
receive In-Home Supportive Services, saying from the bench that substantial harm, 
damage and injury which would result if the cuts went forward. 
The judge's order represented a sweeping major victory for advocates for persons with
Disabilities, mental health needs, the blind, low income seniors, their families, IHSS
Workers and advocacy groups.  
The judge's order blocks the State from implementing major cuts to eligibility based on a 
person's "functional index score" and reductions in domestic and related services based on a 
person's "functional index rankings".  
Judge Wilken said that the State's use of the "functional index rankings" and "functional
index scores" were clearly not based on need, that essential services could be withdrawn 
arbitrarily, and that "people could lose something irreplaceable - the ability to remain 
safely in their homes."
Photo by Marty Omoto of crowd outside federal court building Oct 19, 2009 before hearing on IHSS budget cutsThe judge issued her injunction that stopped the cuts from going forward as scheduled 
Because she believed that the plaintiffs - the persons with disabilities and others who
filed the lawsuit were likely to win in a the trial that the cuts to services under IHSS using 
the "functional index score" and "functional index rankings" as the basis to make cuts to
eligibility and domestic and related services violated federal law.  The judge denied a request
(motion) from the State to "stay" (delay effect date of her injunction) until her ruling can 
be appealed ("staying" her injunction would have allowed the cuts to go forward until the case
could be heard in the US 9th Circuit Court of Appeals) 
The judge issued her ruling from the bench from a two hour hearing this morning.  
More details later today. 
 
POSTED OCTOBER 15, 2009) UPDATE ON IN-HOME SUPPORTIVE SERVICES
(IHSS) FEDERAL LAWSUIT FILED IN FEDERAL DISTRICT COURT IN OAKLAND
TEMPORARY RESTRAINING ORDER: Federal District Court Judge Claudia Wilken issued 
on October 14, a court order that temporarily stops until the judge can make a decision, 
the State (the Department of Social Services) from  issuing "notices of action" to persons 
receiving  In-Home Supportive Services (IHSS) on the  cuts that use "functional index scores" 
and  "functional index rankings" to determine eligibility for services under IHSS.  
This does not mean that the judge will rule in favor of the lawsuit to stop the IHSS cuts -
it only means that the judge does not want the state to send out notices to IHSS
recipients until she has made a decision on the case whether to stop or delay the cuts.
(CLICK HERE TO VIEW OR DOWNLOAD 1 PAGE PDF FILE OF THE ORDER)
Judge's preliminary injunction issued October 19, stopping the IHSS
cuts replaces this temporary restraining order.
 When a judge issues such an order - called a preliminary 
injunction - it basically means that the court believes that the lawsuit would likely win or
prevail if it went to trial.  The other side - in this case the State - can (and is certain to 
do so) file an appeal to the next higher court - the US 9th Circuit Court of Appeals (which
is the court just below the US Supreme Court) to ask that court to overturn the judge's
ruling. 
The motion comes from a federal lawsuit filed on October 1, 2009
 (V.L. v. John Wagner, case number C-09-4668)   
(CLICK HERE TO VIEW OR DOWNLOAD ENTIRE 43 PAGE PDF FILE)
(POSTED OCTOBER 8, 2009) - AUDIO RECORDING 
10/07/09 CDCAN TOWNHALL TELEMEETING ON IHSS BUDGET REDUCTIONS
Note: this townhall telemeeting was scheduled two weeks prior to October 7, with 
two officials from the Schwarzenegger Administration - Eva Lopez, deputy director 
and Eileen Carroll, bureau chief - of the Adult Programs Division of the Department
of Social Services, the state agency that oversees the In-Home Supportive Services
program (the counties administer the program locally).  Both were to provide updates
and answer questions regarding how the State was going to implement major budget
cuts and policy changes to the In-Home Supportive Services program. Two of those
changes would have major impact on over 136,000 children and adults with disabilities,
mental health needs, the blind and seniors, who could lose all of their services under
IHSS or some or all of their domestic and related services under the program.  
Less than 40 minutes before the start of the townhall telemeeting, CDCAN was 
notified by Eva Lopez that she - and Eileen Carroll, would have to back out due 
because legal counsel said they could not talk about "any changes to IHSS".  
Hundreds of people with disabilities, mental health needs, the blind and seniors, their 
families, community organizations and advocates were on the townhall as it was too
late too send out any cancellation notice.  In the 7 years of townhalls this has never happened before.
The townhall telemeeting began at 1 PM with the announcement that the two state
Officials had backed out at the last minute.  Before closing the townhall, which still
had to be paid for, several comments were taken from the audience. 
(CLICK HERE TO LISTEN TO AUDIO RECORDING - MP3 FILE - OF THE 10/07/09 TOWNHALL)
(CLICK HERE TO LISTEN TO REAL MEDIA FILE VERSION OF 10/07/09 TOWNHALL)
NEW!  (POSTED OCTOBER 7, 2009) - LATEST IN-HOME SUPPORTIVE SERVICES (IHSS)
"ALL COUNTY LETTERS" AND "ALL COUNTY INFORMATION NOTICES"  IMPLEMENTING
IHSS BUDGET REDUCTIONS:
ALL COUNTY LETTER (ACL-09-56) IHSS BUDGET REDUCTIONS 
This is the All County Letter from the Department of Social Services that provides instructions
and guidance to the counties on how to implement the budget reduction that uses the 
"functional index scores" , that will determine (effective November 1st) whether a person is
eligible for any services under IHSS (there are some exemptions to this).  
The All County Letter also provides guidance and instructions to the counties on use of 
"functional index rankings" that will now be used, effective November 1, 2009, to determine 
eligibility for any specific domestic and related service under IHSS (there are exemptions to this) 
 (CLICK HERE TO VIEW OR DOWNLOAD THIS 33 PAGE ALL COUNTY LETTER)
ALL COUNTY INFORMATION NOTICE (I-69_09) ON IHSS PROVIDER ENROLLMENT REQUIREMENTS
AND IHSS PROVIDER ENROLLMENT FORM  [Note: be sure to look at the All County Letter on this same
Subject - All County Letter 09-52)
(CLICK HERE TO VIEW THIS 6 PAGE ALL COUNTY INFORMATION NOTICE)
ALL COUNTY LETTER (ACL-09-52) IHSS PROVIDER (WORKER) ENROLLMENT REQUIREMENTS
AND IHSS PROVIDER ENROLLMENT FORM
(CLICK HERE TO VIEW OR DOWNLOAD THIS 27 PAGE ALL COUNTY LETTER)
ALL COUNTY LETTER (ACL-09-47) ON ELIMINATION OF THE IHSS SHARE OF COST  BUY-OUT
PROGRAM
(CLICK HERE TO VIEW OR DOWNLOAD THIS 7 PAGE ALL COUNTY LETTER)
NEW! (POSTED OCTOBER 1, 2009) - LAWSUIT (COMPLAINT), V.I. VERSUS JOHN WAGNER 
(DIRECTOR OF THE DEPARTMENT OF SOCIAL SERVICES),  FILED TO STOP CUTS
TO IN-HOME SUPPORTIVE SERVICES (IHSS) THAT ARE SCHEDULED TO TAKE
EFFECT NOVEMBER 1, 2009 (PASSED AS PART OF THE REVISED 2009-2010
STATE BUDGET IN LATE JULY BY THE LEGISLATURE AND APPROVED BY THE
GOVERNOR).  LAWSUIT FILED IN FEDERAL DISTRICT COURT IN OAKLAND ON
OCTOBER 1, 2009.
(CLICK HERE TO VIEW OR DOWNLOAD ENTIRE 43 PAGE PDF FILE)
NEW! (POSTED SEPTEMBER 30, 2009) AUDIO RECORDING 
OF ENTIRE SEPTEMBER 23, 2009 CDCAN TOWNHALL TELEMEETING 
ON NEW "PREVENTION PROGRAM" AND EARLY START BUDGET
CUTS - FEATURING DEPT OF DEVELOPMENTAL SERVICES DEPUTY
DIRECTOR OF COMMUNITY SERVICES AND SUPPORTS DIVISION
JULIA MULLEN.
(CLICK HERE TO DOWNLOAD OR LISTEN TO 09/23/09 TOWNHALL) OR 
(CLICK HERE TO LISTEN TO AUDIO MP3 FILE - COULD TAKE A FEW MINUTES TO DOWNLOAD)
NEW! (POSTED SEPTEMBER 30, 2009) AUDIO RECORDING 
OF ENTIRE SEPTEMBER 01, 2009 CDCAN TOWNHALL TELEMEETING 
ON DEVELOPMENTAL SERVICES (REGIONAL CENTERS) BUDGET
CUTS & UPDATES FEATURING DEPT OF DEVELOPMENTAL SERVICES 
DIRECTOR TERRI DELGADILLO AND OTHER SENIOR DEPARTMENT
OFFICIALS
(CLICK HERE TO DOWNLOAD OR LISTEN TO 09/0109 TOWNHALL)
(CLICK HERE TO LISTEN TO AUDIO MP3 FILE - COULD TAKE A FEW MINUTES TO DOWNLOAD)
NEW! (POSTED SEPTEMBER 29, 2009) - A SPECIAL COMMISSION FORMED LATE LAST YEAR WITH
APPOINTEES OF THE GOVERNOR AND DEMOCRATIC LEGISLATIVE LEADERS - ISSUED TODAY 
ITS FINAL REPORT CONTAINING RECOMMENDATIONS ON CHANGES  TO CALIFORNIA'S TAX SYSTEM.
9 OF THE 14 COMMISSION MEMBERS VOTED FOR THE RELEASING THE REPORT RECOMMENDATIONS.
THE GOVERNOR TODAY ISSUED A PROCLAMATION CALLING THE LEGISLATURE BACK INTO SPECIAL
SESSION TO REVIEW THE RECCOMENDATIONS.  LEGISLATIVE LEADERS TODAY SAID THAT THE 
ASSEMBLY AND STATE SENATE REVENUE AND TAXATION COMMITTEES WILL SOON HOLD PUBLIC
HEARINGS ON THE PROPOSAL.  
(CLICK HERE TO VIEW OR DOWNLOAD THE 452 PAGE REPORT (PDF FILE) 
NEW! - POSTED SEPTEMBER 18, 2009) - DRAFT ALL COUNTY LETTER (NOTICES TO COUNTIES AND 
TO OTHER PUBLIC AGENCIES AND GROUPS) ON IMPLEMENTATION OF IN-HOME SUPPORTIVE 
SERVICES (IHSS) CUTS THAT IS SET TO TAKE EFFECT NOVEMBER 1, 2009
(CLICK HERE TO VIEW OR DOWNLOAD 34 PAGE DRAFT ALL COUNTY LETTER)
ALSO POSTED-  REVISED DRAFT ALL COUNTY LETTER COVERING THE IN-HOME SUPPORTIVE
SERVICES WORKER (PROVIDER) ENROLLMENT FORM. 
(CLICK HERE TO VIEW OR DOWNLOAD 31 PAGE DRAFT ALL COUNTY LETTER)
(POSTED SEPTEMBER 14, 2009)  FINAL PREVENTION PROGRAM POLICES 
AND PROCEDURES FROM THE DEPARTMENT OF DEVELOPMENTAL SERVICES
(CLICK TO VIEW OR DOWNLOAD THIS 12 PAGE PDF FILE)
(POSTED SEPTEMBER 14, 2009)  FINAL REVISED MANDATORY UNIFORM
HOLIDAY SCHEDULE FROM THE DEPARTMENT OF DEVELOPMENTAL SERVICES
(CLICK TO VIEW OR DOWNLOAD THIS 2 PAGE PDF FILE)
(POSTED SEPTEMBER 10, 2009)  FEDERAL JUDGE'S ORDER BLOCKING
ADULT DAY HEALTH SERVICES BUDGET CUT PASSED IN JULY 2009 IN ABx4 5
(CLICK HERE TO VIEW OR DOWNLOAD 24 PAGE ORDER)
(POSTED SEPTEMBER 2, 2009) - DRAFT POLICIES AND PROCEDURES 
THAT OUTLINE NEW "PREVENTION PROGRAM" FOR ELIGIBLE AT-RISK BABIES. 
(CLICK HERE TO VIEW OR DOWNLOAD THE 10 PAGE PDF FILE)
 (POSTED AUGUST 11, 2009)  -- LAWSUIT FILED TODAY IN SAN FRANCISCO
SUPERIOR COURT (STATE COURT) BY ATTORNEYS REPRESENTING STATE SENATE
PRESIDENT DARRELL STEINBERG (DEMOCRAT - SACRAMENTO) TO BLOCK AND 
REVERSE THE GOVERNOR'S LINE ITEM VETOES MADE JULY 28TH TO THE REVISED
BUDGET BILL (ABx4 1).  (CLICK HERE TO VIEW OR DOWNLOAD 31 PAGE LAWSUIT)
(POSTED AUGUST 5, 2009)  CALIFORNIA LEGISLATURE'S LEGAL COUNSEL 
(LEGISLATIVE COUNSEL BUREAU) OPINION THAT GOVERNOR SCHWARZENEGGER 
EXCEEDED HIS  AUTHORITY UNDER STATE CONSTITUTION BY USING LINE ITEM 
VETOES ON ABx4 1 - THE REVISED BUDGET BILL.  HOWEVER LEGISLATIVE COUNSEL'S 
OPINION IS NOT BINDING ON ANYONE.
(CLICK HERE TO VIEW OR DOWNLOAD 4 PAGE OPINION)
(POSTED JULY 27, 2009)  COPIES OF BUDGET TRAILER BILLS 
PASSED BY ASSEMBLY AND STATE SENATE ON JULY 23-24, 2009 & 
SENT TO GOVERNOR IMPACTING PEOPLE WITH DISABILITIES, MENTAL 
HEALTH NEEDS, THE BLIND, SENIORS, LOW INCOME FAMILIES, 
COMMUNITY ORGANIZATIONS AND WORKERS WHO PROVIDE 
SUPPORTS AND SERVICES.
(CLICK HERE TO VIEW PAGE WITH BILLS)
(POSTED JULY 27, 2009)  FEDERAL DISTRICT COURT JUDGE CLAUDIA WILKEN ORDER
ISSUED JULY 24, 2009 STOPPING FRESNO & SANTA BARBARA COUNTIES FROM CUTTING THEIR 
IN-HOME SUPPORTIVE SERVICES WORKER WAGES AND BENEFITS UNTIL THEY RESUBMIT IN 
WRITING A NEW REQUEST TO THE STATE BASED ON A REASON OTHER THAN THE 2009-2010 STATE
BUDGET CUT IN IHSS STATE FUNDING FOR IHSS WORKER WAGES.  ALSO ORDERS STATE TO 
MAKE SURE IHSS WORKERS IN THOSE COUNTIES ARE PAID THE FULL WAGES AS IT WAS BEFORE 
JULY 1, 2009   (CLICK HERE TO VIEW OR DOWNLOAD ENTIRE 8 PAGE ORDER)
(POSTED JULY 17, 2009) SECOND CONTEMPT MOTION AGAINST THE STATE (SCHWARZENEGGER ADMINISTRATION) 
FILED BY ATTORNEYS FOR SEIU ON BEHALF OF IN-HOME SUPPORTIVE SERVICES (IHSS)
WORKERS & PERSONS RECEIVING IHSS, IN FEDERAL DISTRICT COURT IN OAKLAND.
[CLICK HERE TO VIEW OR DOWNLOAD 18 PAGE PDF FILE]
 (POSTED JULY 14, 2009) FEDERAL DISTRICT COURT JUDGE 
CLAUDIA WILKEN'S JULY 14th ORDER CLARIFYING JUNE 26th 
INJUNCTION THAT BLOCKS STATE FROM IMPLEMENTING STATE 
REDUCTION FOR IHSS WORKER WAGES THAT WAS SCHEDULED TO 
GO INTO EFFECT JULY 1, 2009  
[CLICK HERE TO VIEW OR DOWNLOAD 6 PAGE PDF FILE]
(POSTED JULY 9, 2009) - US 9TH CIRCUIT COURT OF APPEALS DECISION 
ON MEDI-CAL PROVIDER 10% RATE REDUCTION:
UPHOLDS LOWER FEDERAL DISTRICT COURT RULING LAST YEAR THAT BLOCKED THOSE CUTS FOR MOST MEDI-CAL PROVIDERS  
(CLICK HERE TO VIEW OR DOWNLOAD 39 PAGE OPINION)
 (POSTED JULY 2, 2009) - 
GOVERNOR'S "JULY REVISED BUDGET" PROPOSALS:
NO ADDITIONAL CUTS  TO HEALTH & HUMAN SERVICES
PROPOSED MAJOR CUTS TO EDUCATION 
(CLICK HERE TO VIEW OR DOWNLOAD 2 PAGE PDF FILE
(POSTED JUNE 30, 2009):  IN-HOME SUPPORTIVE SERVICES (IHSS) WORKER WAGE LAWSUIT: 
FEDERAL DISTRICT COURT JUDGE'S 12 PAGE WRITTEN ORDER ISSUED JUNE 26 THAT BLOCKS THE STATE FROM IMPLEMENTING 
REDUCTION IN STATE FUNDING (PARTICIPATION) TO $9.50 PER HOUR   
(CLICK HERE TO VIEW OR DOWNLOAD 12 PAGE PDF FILE)

JUNE 28, 2009 – REVISED BUDGET SPENDING CUTS BILL AND 10 BUDGET TRAILER BILLS AS PASSED BY THE ASSEMBLY JUNE 28, 2009  (CLICK HERE)

JUNE 25, 2009 - MAJOR VICTORY FOR IHSS WORKERS & PEOPLE WHO RECEIVE SERVICES UNDER IHSS: US DISTRICT COURT JUDGE CLAUDIA WILKEN'S "MINUTE ORDER" THAT INDICATES SHE WILL ISSUE A WRITTEN ORDER FORMALLY BLOCKING THE JULY 1, 2009 REDUCTION IN MATCHING STATE FUNDS FOR IN-HOME SUPPORTIVE SERVICES (IHSS) WORKER WAGES TO A MAXIMUM OF $9.50 PER HOUR(DOWN FROM MAXIMUM OF $12.10).  (CLICK HERE TO VIEW OR DOWNLOAD)

JUNE 18, 2009 - IN-HOME SUPPORTIVE SERVICES (IHSS):  ALL COUNTY LETTER (ACL) FROM DEPARTMENT OF SOCIAL SERVICES TO THE COUNTIES & OTHERS REGARDING IHSS   -  Includes an attachment, the “Annotated Assessment Criteria” to the Department of Social Services’ All County Letter (ACL), sent out May 4, 2007 (ACL 0634E2)  which describes each functional rank in more detail as it applies to a person’s capacity to perform certain types of tasks, as specified in state Manual of Policies and Procedures (MPP) Section 30-757  (CLICK HERE TO VIEW ACL 06-34E2)

 AS OF JUNE 16, 2009 - IN-HOME SUPPORTIVE SERVICES (IHSS) PROPOSED “PLACEHOLDER” TRAILER BILL LANGUAGE – “placeholder” means the language itself has not yet been given final approval but was approved by the Budget Conference Committee in concept. It is essentially an early draft proposed version – but it is meant to reflect the direction and intent of what the Budget Conference Committee approved on June 16, 2009.  (CLICK HERE TO VIEW 06/16/09 VERSION) 

AS OF JUNE 18, 2009  - PROPOSED BUDGET TRAILER BILL LANGUAGE IMPACTING REGIONAL CENTER FUNDED SERVICES FOR THOUSANDS OF INFANTS, CHILDREN & ADULTS WITH DEVELOPMENTAL DISABILITIES

Proposed Early Start trailer bill language (5 pages) includes major changes in eligibility and reductions – some previously proposed in May, and also a separate 3 page addendum to the Early Start trailer bill language.    (CLICK HERE TO VIEW 06/17/09 VERSION)    (CLICK HERE TO VIEW 06/17/09 VERSION-ADDENDUM TO 6/17/09 VERSION)   (CLICK HERE TO VIEW 06/12/09 VERSION)

Individual Choice Model trailer bill language would suspend regional center funding (if and when “Individual Choice Model” is implemented) for several services, effective as early as July 1, educational services for children ages 3 to 17, non-medical therapies including but not limited to specialized recreation, art, dance and music; social recreation services except those vendored as community based day programs; camping and associated travel services.   (CLICK HERE TO VIEW 06/16/09 VERSION(CLICK HERE TO VIEW 06/12/09  VERSION)

Proposed Standards on Regional Center spending trailer bill language (called “general standards”) (3 pages) and includes reductions that would result from use of services from the “least costly provider including transportation”.  (CLICK HERE TO VIEW 06/16/09 VERSION (CLICK HERE TO VIEW 06/12/09 VERSION)

Respite trailer bill language (2 pages) would impose new restrictions and cuts.    (CLICK HERE TO VIEW 06/16/09 VERSION(CLICK HERE TO VIEW 06/12/09 VERSION)

Behavioral Intervention Services trailer bill language (4 pages) would implement major changes and cuts to behavioral intervention services for young children with developmental disabilities.   (CLICK HERE TO VIEW 06/16/09 VERSION(CLICK HERE TO VIEW)

Proposed Residential trailer bill language (1 page) proposing limits on 16 bed facilities and other changes.(CLICK HERE TO VIEW 06/16/09 VERSION (CLICK HERE TO VIEW 06/12/09 VERSION)

Proposed Medicaid trailer bill (1 page) – this proposal would seek expansion of federal matching funds for persons receiving regional center services not currently covered by Medi-Cal or a Medicaid waiver.  This is the only proposal that does not – in its current form – propose reductions.   (CLICK HERE TO VIEW 06/17/09 VERSION)  (CLICK HERE TO VIEW 06/12/09 VERSION)

AS OF JUNE 7, 2009:  BUDGET CONFERENCE COMMITTEE AGENDA FOR HUMAN SERVICES

(Covers In-Home Supportive Services (IHSS), SSI/SSP (Supplemental Security Income/State Supplemental Payment) grants, CAPI (Cash Assistance Program for Immigrants), CalWORKS (state’s welfare to work program), and other programs under the Department of Social Services; several programs under the Department of Aging including Multipurpose Senior Services Program, and several community-based senior service programs – all proposed by the Governor for elimination. Originally scheduled to be heard on June 6th - no firm hearing date set, though it could be Wednesday June 10th.  (CLICK HERE TO VIEW OR DOWNLOAD)

AS OF JUNE 6, 2009:  15 PROPOSED DEPARTMENT OF HEALTH CARE SERVICES BUDGET RELATED (TRAILER BILLS) LANGUAGE (TO CHANGE STATE LAW IN ORDER TO IMPLEMENT GOVERNOR'S PROPOSALS   Note: Below are 15 of the Department of Health Care Services proposed budget related (trailer bill) language to be reviewed by the Budget Conference Committee in a hearing currently set for June 8, 2009, Monday, at 2:00 PM at the State Capitol in Room 4203.  Additional proposed trailer bill language will be presented by the Department at the Health Care Services on June 8. The Department of Health Care Services oversees the nation’s largest Medicaid program – called Medi-Cal in California See below for complete Budget Conference Committee Agenda on Health - and also 12 page excerpt of just the agenda items related to Department of Developmental Services (regional centers and developmental centers)

MEDI-CAL: INTERMEDIATE CARE FACILITIES/DEVELOPMENTALLY DISABLED-CONTINUOUS NURSING (ICF/DD-CN0 PILOT PROJECT (click for proposed budget related/trailer bill language for Budget Conference Committee June 8, 2009)

MEDI-CAL: SPECIAL NEEDS TRUST ESTATE RECOVERY (click for proposed budget related/trailer bill language for Budget Conference Committee June 8, 2009)

IN-HOME SUPPORTIVE SERVICES (IHSS)PLUS MEDICAID WAIVER (click for proposed budget related/trailer bill language for Budget Conference Committee June 8, 2009)

MEDI-CAL: SOCIAL SECURITY NUMBER DATA MARCH FOR DEFICIT REDUCTION ACT IMPLEMENTATION (click for proposed budget related/trailer bill language for Budget Conference Committee June 8, 2009)

MEDI-CAL DRUGS: REQUIRE 340B PRICING FOR PERSONS ON MEDI-CAL (click for proposed budget related/trailer bill language for Budget Conference Committee June 8, 2009)

MEDI-CAL PHARMACY PROVIDERS:  ESTABLISH UPPER BILLING LIMITS (click for proposed budget related/trailer bill language for Budget Conference Committee June 8, 2009)

HIV/AIDS/CANCER DRUG REBATES (click for proposed budget related/trailer bill language for Budget Conference Committee June 8, 2009)

ROLLBACK OF FAMILY PLANNING RATE (click for proposed budget related/trailer bill language for Budget Conference Committee June 8, 2009)

MEDI-CAL PROVIDER: REDUCE PAYMENTS BY 10% TO PRIVATE HOSPITALS (click for proposed budget related/trailer bill language for Budget Conference Committee June 8, 2009)

MEDI-CAL: ADULT DAY HEALTH CARE PROGRAM: REDUCE THIS PROGRAM (ONSITE TARS ONLY ) (click for proposed budget related/trailer bill language for Budget Conference Committee June 8, 2009)

MEDI-CAL: ADULT DAY HEALTH CARE PROGRAM: REDUCE THIS PROGRAM ( 3 DAY LIMIT AND ONSITE TARS) (click for proposed budget related/trailer bill language for Budget Conference Committee June 8, 2009)

MEDI-CAL: ADULT DAY HEALTH CENTERS PROGRAM - ELIMINATE THIS PROGRAM (click for proposed budget related/trailer bill language for Budget Conference Committee June 8, 2009)

MEDI-CAL ELIGIBILITY: REDUCTION OF SSI/SSP AND MEDI-CAL ELIGIBLITY CHANGES TO PRESERVE INCREASED FEDERAL MATCH UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT  (click for proposed budget related/trailer bill language for Budget Conference Committee June 8, 2009)

STATE ONLY PROGRAMS: PROPOSED ELIMINATION OF SEVERAL PROGRAMS AND RELATED SERVICES INCLUDING DIALYSIS AND PARENTAL HYPERALIMENTATION PROGRAMS. (click for proposed budget related/trailer bill language for Budget Conference Committee June 8, 2009)

SKILLED NURSING FACILITIES PROVIDERS: EXPAND REVENUE BASE TO FOR AB 1629 NURSING FACILITIES TO INCLUDE MEDICARE REVENUE (click for proposed budget related/trailer bill language for Budget Conference Committee June 8, 2009)

  MEDI-CAL NURSING HOME FACILITIES COST OF LIVING:  FREEZE RATES FOR AB 1629 FACILITIES & FOR NON-AB 1629 FACILITIEIS (click for proposed budget related/trailer bill language for Budget Conference Committee June 8, 2009)

NEW AS OF JUNE 5, 2009 – COMPLETE BUDGET CONFERENCE COMMITTEE AGENDA JUNE 5, 2009 COVERING HEALTH BUDGET ISSUES (includes Medi-Cal, Developmental Services, Mental Health) (CLICK HERE TO VIEW OR DOWNLOAD)  Note: the Budget Conference Committee will take up this budget issue on June 8, 2009, Monday at 2:00 PM at the State Capitol in Room 4203.  This was originally set to be heard on June 5.   

AS OF JUNE 5, 2009 – BUDGET CONFERENCE COMMITTEE AGENDA JUNE 5, 2009 COVERING DEVELOPMENTAL SERVICES – REGIONAL CENTERS & DEVELOPMENTAL CENTERS (UNDER DEPARTMENT OF DEVELOPMENTAL SERVICES) (CLICK HERE TO VIEW OR DOWNLOAD)    Note: the Budget Conference Committee will take up this budget issue on June 8, 2009, Monday at 2:00 PM at the State Capitol in Room 4203.  This was originally set to be heard on June 5.

 

AS OF JUNE 3, 2009:   BUDGET CONFERENCE COMMITTEE 46 PAGE AGENDA ON EDUCATION & HIGHER EDUCATION (JUNE 4-5 2009 HEARINGS)  (click here to download or view pdf file)

 

California Budget Crisis:

Budget Conference Committee Meets 6/5 Friday 1 PM

Focus on Higher Education and Child Care – Not Certain if Health Budget Issues Will Be Heard Today (June 5)

 

SACRAMENTO, CALIF  (CDCAN) [Updated 06/05/09  06:11 AM  (Pacific Time)  -  The Budget Conference Committee, chaired by Assemblymember Noreen Evans (Democrat – Santa Rosa), met for about two and half hours Thursday, adjourning just before 7 PM, and will reconvene today (June 5) at 1:30 PM, in the State Capitol, Room 4203.  The Budget Conference Committee at that time will continue on with two areas on their Thursday 46 page agenda that they were not able to get to:  higher education and child care.  [go to CDCAN website at www.cdcan.us for copy of the agenda, which also includes committee staff recommendations on some of the budget proposals]   

It is not certain at this point if the Budget Conference Committee will also later today focus on health issues (including Medi-Cal, regional centers, Healthy Families) as originally scheduled because of agenda change.  

The Budget Conference Committee did approve K-12 Education "for vote only" budget proposals as recommended by committee staff on largely non-controverisal issues.  None of those (one item dealing with adult education and another with a revised estimate of the state lottery funds that including a revised estimate on what the State Special Schools will reeive) have direct or major impact on children with disabiltieis or special needs.  The Budget Conference Committee did not take action yet on the higher education (including community college issues)

 yet, which it will review at 1:30 PM today.  Those issues include major proposed cuts to the community college Disabled Students Program and Services that impacts over 100,000 students with disabilities in the state's 110 community colleges.

 

This Round of Committee Hearings Focused on Details – And Some Actions

As reported yesterday, the Budget Conference Committee ended on Wednesday the public comment part of its hearing process on the Governor’s proposed budget reductions and will now focus hearing details in the next round of hearings. 

 

Since late Wednesday afternoon when the public comment part of the process ended, the Budget Conference Committee during this round of hearings, has taken several actions, though largely has not taken action on the more controversial budget proposals yet.  Any action by the Budget Conference Committee would still need final approval from by the entire State Senate and the Assembly – then approval from the Governor. 

 

This round of hearings also has included and will continue to include further details from the Governor’s Department of Finance and also more detailed analysis and recommendations from the Legislative Analyst Office, the office that reviews budget issues for the Legislature. 

 

The Legislature is looking at trying to pass revisions to the 2009-2010 State Budget – which the Legislature passed and the Governor signed in February four months early – in order to close a projected $24 billion shortfall, before July 1, 2009.

 

Budget Conference Committee Schedule Could Change

Because of the change in the agenda for Friday afternoon, it is not clear as of early Friday morning if the agenda for the rest of the day and for the weekend and Monday will remain the same or change. 

 

Originally, the hearings on today (June 5), Saturday and Monday will include hearing more details from the Schwarzenegger Administration on the Governor’s proposed cuts to a wide range of services and programs including Medi-Cal, regional centers (originally scheduled to be heard Friday);, In-Home Supportive Services, CalWORKS, SSI/SSP (originally scheduled for Saturday); local government budget issues (originally scheduled for Monday).  

 

Other hearings covering other issues will be announced – and the existing hearing schedule is subject to changes in dates, times and subject matter. 

 

No Public Comment For This Round of Hearings – But Letters Accepted

As previously reported, no public comment will be taken at these hearings – though the public can continue to send in letters to the Budget Conference Committee with comments, suggestions and concerns.  Persons can address letters to:

 

Assemblymember Noreen Evans, Chair

Budget Conference Committee

State Capitol

Sacramento , CA 95814

 

State Cash Flow Crisis Puts Enormous Pressure On Policymakers To Act Quickly

The July 1 deadline, which is the start of the state’s budget year, is much more critical this year than in past years because the state is facing an cash flow crisis in addition to the budget crisis.  That cash flow crisis – even more than the budget shortfall itself – is putting enormous pressure on the Legislature and Governor to act quickly. 

 

The state’s cash flow (meaning when revenues come in during the year) goes up and down through year.  When cash flow drops during certain times of the year, which is normal, the State is able to continue paying its bills – including payments on bonds and other loans - by using money from reserves or money it borrows with short term loans. 

 

This year the State’s has virtually no cash reserves to tap into and will be unable to borrow money through short term loans because investors will refuse to loan the State money until the budget crisis is resolved.   [While the issues are different – but linked.  In order to borrow the money needed to pay its bills, the State needs to resolve the budget crisis and show investors that there is a plan to close the $24 billion shortfall. That in turn means the Legislature and Governor need to have a plan passed and enacted to show that there is a plan in place to close the shortfall – which in turn will then give investors the confidence to lend the State money to pay its bills. ]

 

Unlike in past budget years, when the State Controller had funds to pay bills – but was not able to do so without a budget in place – this year there is a budget in place but no cash or funds to borrow to pay any bills. 

 

Unless the crisis is resolved, the State will not be able obtain short term loans that in turn provides the money to pay not only vendors and providers, but also what is owed on bonds and loans as required by law.  The failure of not paying money owed on bonds or loans – meaning the State defaulted on its loans and bonds -  is a situation that has never happened before at the State level and as one state official said would mean “fiscal disaster not only for California” and would have a “devastating tidal wave impact on the nation’s economy” . 

 

State Controller John Chiang, who is responsible for paying the state’s bills, warned the Legislature and Governor that action was within weeks of running out of money

 

BUDGET CONFERENCE  COMMITTEE HEARING SCHEDULE

Note:

·         Hearing dates, times, and subject matter can change at the last minute. 

·         “Upon call of the chair” means there is at the moment, no specific time yet that the committee will meet (the 9:30 AM posting is not current) and that the meeting time will be determined by the Budget Conference Committee chair – Assemblymember Noreen Evans. 

·         Persons can check for the hearing time by calling the Assembly Budget Committee office at 916-319-2099.

 

JUNE 5, 2009 - FRIDAY

BUDGET CONFERENCE COMMITTEE

TIME:   1:30 PM  (this could change – this was the time that the Budget Conference Committee chair announced at the end of the June 4th hearing last night)

WHERE:  State Capitol – Room 4203

WHAT:   Governor’s proposed reductions (and other changes) to Higher Education and child care.   It is not certain at this time whether the Budget Conference Committee will meet later today to cover health budget issues that was on its original Friday agenda.  Those health budget issues included the Governor’s proposed cuts to Medi-Cal, developmental services (regional centers), Healthy Families, Adult Day Health Centers and more. 

PUBLIC COMMENT TAKEN: No

CDCAN NOTE: This includes proposed cuts to community college including major cuts to Disabled Students Programs and Services that impact over 100,000 students with disabilities in the 110 community colleges and other categorical programs)

PRIORITY: VERY HIGH

 

JUNE 6, 2009 – SATURDAY

BUDGET CONFERENCE COMMITTEE

TIME:  Upon call of the committee chair

WHERE: State Capitol – Room 4203

WHAT:  Governor’s proposed reductions (and other changes) to Human Services budget related issues

PUBLIC COMMENT TAKEN: No

CDCAN NOTE:  The agenda and focus of this hearing could change as a result of changes that occurred on Thursday and Friday. 

As originally scheduled, this hearing on Saturday currently is likely include (subject to change)  the Governor’s proposed elimination of the CalWORKS program, the proposed elimination of the Cash Assistance Program for Immigrants (CAPI), major cuts and changes in eligibility to In-Home Supportive Services (IHSS), additional proposed cut to the SSI/SSP grant level, cuts to child welfare services, community care licensing and more.  However, this agenda could change because the committee was only able to act only on half its original Thursday agenda that focused on education and higher education (higher education issues and child care will be heard at 1:30 PM on Friday, June 5).

PRIORITY: VERY HIGH

 

JUNE 7, 2009 – SUNDAY

***No Budget Conference Committee hearing scheduled***

 

JUNE 8, 2009 – MONDAY

BUDGET CONFERENCE COMMITTEE

TIME:  Upon call of the committee chair

WHERE: State Capitol – Room 4203

WHAT:  Governor’s proposed reductions (and other changes) to local government budget related issues.  The agenda is subject to change especially with the changes that occurred on Thursday and Friday. 

PUBLIC COMMENT TAKEN: No. 

PRIORITY: HIGH

 

California Budget Crisis

May 7TH Senate Budget Subcommittee Agenda Released

Hearing Will Focus on Regional Center Budget Cuts

Big Crowd Expected For Hearing

 

SACRAMENTO, CALIF  (CDCAN) [Updated 05/06/09  09:55 AM  (Pacific Time)   -  The Senate Budget Subcommittee #3 on Health and Human Services agenda for its May 7th hearing on regional center budget cuts was released this morning.  The copy of the 35 page agenda (pdf file titled “SenateBudgetSub3AendaMay072009) can be viewed or downloaded from the CDCAN website(CLICK HERE)

 

A large crowd is expected to pack the hearing tomorrow, which begins at 09:30 AM or upon adjournment of the Senate floor session.  The hearing is at the State Capitol in Room 4203.

 

See separate CDCAN report for more details. 

California Budget Crisis

Department of Developmental Services Releases Budget Language   -  Impacts Several Regional Center Programs and Services   -  Senate Budget Panel Will Review “Trailer Bill” Language May 7th

Includes Changes in State Law To Achieve Over $100 Million In Reductions in State Spending For Regional Centers Beginning July 1, 2009

SACRAMENTO, CALIF  (CDCAN) [Updated 05/05/09  06:59 PM  (Pacific Time)  -  The Department of Developmental Services, which oversees the 21 non-profit regional centers and also state owned and operated developmental centers and two smaller health facilities, released early this evening budget related legislative language (referred to as “budget trailer bill” language)  that details proposed changes in state law to achieve over $100 million in reductions in state spending for several regional center funded services beginning July 1, 2009 through June 30, 2010. 

For a copy of the budget related legislative language titled “DDS REVISED TBL (MAY052009)”  CLICK HERE.

The $100 million reduction was previously approved as part of the 2009-2010 State Budget passed in February, four months early, but the details on how that reduction in state spending was left for the Department of Developmental Services to propose to the Legislature after April 1.  That amount does not include the loss of federal matching funds. 

The Senate Budget Subcommittee #3 on Health and Human Services, chaired by Sen. Mark Leno (Democrat – San Francisco) will review this budget language and the 15 proposals by the Department of Developmental Services that outline and detail how the cuts will achieve at least $100 million in reductions in state spending during the 2009-2010 State Budget year that begins July 1. 

That hearing is scheduled for May 7, Thursday morning, at 09:30 AM (or whenever the Senate floor session adjourns that morning), in the State Capitol in Room 4203.  [Note: CDCAN issued previously several action alerts urging people to attend this hearing. )

Regional centers coordinate community based services and supports for over 240,000 children and adults with developmental disabilities across the State. 

  California Budget Crisis Agenda for April 22 Assembly Budget Hearing - Focus on Regional Centers and Mental Health - Huge Crowds Expected To Pack Hearing Room

April 22 Protest March & Sidewalk Demonstration Will Focus on Those Cuts and Other Major Cuts Including IHSS, Medi-Cal, SSI/SSP, Mental Health, Senior Services That Impact People with Disabilities, Mental Health Needs, Seniors, Low Income Families, Workers and Providers

  SACRAMENTO, CA (CDCAN) [Updated 04/21/09  01:30 PM  (Pacific Time) ]  -   The Assembly Budget Subcommittee #1 on Health and Human Services released this afternoon its agenda for the April 22nd hearing that will focus on budget cuts to regional centers and also mental health budget issues.  The hearing is scheduled to start at 1:30 PM in the State Capitol in Room 4202.  For a complete official copy of the 29 page Assembly Budget Subcommittee April 22, 2009 hearing agenda from the CDCAN website (CLICK HERE)

  Hundreds of people with disabilities, mental health needs, seniors, low income families and workers, community organizations and providers are expected to march Wednesday morning at 11:00 AM from the west entrance of the Sacramento Convention Center to the State Capitol, protesting the budget cuts that advocates say violates basic civil rights protecting people with disabilities, mental health needs and seniors. 

  Many of those people are expected to also attend and pack the hearing room on April 22. 

  Assembly Subcommittee Agenda

As released this afternoon, the Assembly Budget Subcommittee on Health and Human Services agenda is as follows (public comments will follow each agenda item, though the subcommittee chair can change that.  Public comment – especially if there are large numbers of people who wish to testify, is usually limited to 1 or 2 minutes.  Additional comments can be submitted in writing to the chair, or submitted later to the subcommittee.  The outline of the hearing (with CDCAN notes) is listed below (copy of the entire 29 page hearing agenda can be downloaded or viewed at the CDCAN website  (CLICK HERE):

AGENDA  - SUBCOMMITTEE NO. 1 ON HEALTH AND HUMAN SERVICES

WEDNESDAY, APRIL 22, 2009  1:30 PM

STATE CAPITOL, ROOM 4202 (PLEASE NOTE ROOM CHANGE)

  VOTE-ONLY ITEMS

CDCAN Note:  These are considered routine issues and “for vote only” means the items here will not be discussed during the hearing.  Public comments normally aren’t taken at this part of the agenda, though the subcommittee chair can allow it. 

  BUDGET ITEM 4300

DEPARTMENT OF DEVELOPMENTAL SERVICES                     

Issue 1 Extend SB 962 Home Pilot and Evaluation – TBL (trailer bill language)

  BUDGET ITEM 4440

DEPARTMENT OF MENTAL HEALTH

Issue 2 April 1 Letter – MHSA (Mental Health Services Act) Funds (Issues 003 and 319)

  ITEMS TO BE HEARD

CDCAN Note: No final action will be taken on any of these items below.

  BUDGET ITEM 4300

DEPARTMENT OF DEVELOPMENTAL SERVICES                     

Issue 1 Budget Overview

Issue 2 Regional Center General Fund Reduction                 

CDCAN Note: this is the portion of the agenda that will contain the details of the various proposals to make changes to existing state laws to implement at least $100 million in state spending between July 1, 2009 and June 30, 2010

  BUDGET ITEM 4440

DEPARTMENT OF MENTAL HEALTH

Issue 1 Budget Overview

Issue 2 Mental Health Managed Care and DHCS (Department of Health Care Services) Spring Letter

Issue 3 Community Mental Health Fiscal Oversight and Related BCP (Budget Change Proposal)

Issue 4 Early and Periodic Screening, Diagnosis and Treatment (EPSDT) Program           

Issue 5 State Hospitals – Overview and Issues            25

  CDCAN NOTE: End of hearing (probably sometime after 5 PM depending on how many people testify and questions and comments from subcommittee members)

California Budget Crisis - ASSEMBLY BUDGET SUBCOMMITTEE MEETS APRIL 20TH  AT 4 PM ; FOCUS ON DEPARTMENT OF HEALTH CARE SERVICES ; MEDI-CAL OPTIONAL BENEFIT CUT NOT ON AGENDA ;' HEARING ON REGIONAL CENTERS, MENTAL HEALTH  4/20

Focus on Hearing Today Include Use by the Department of Health Care Services of “ All County Welfare Director Letters” Instead of Regulations – Also Review of Legislative Analyst Office Proposal of Medi-Cal Non-Emergency Medical Transportation Brokers

SACRAMENTO, CA (CDCAN) [Updated 04/20/09  08:55 AM  (Pacific Time) ]  -   The Assembly Budget Subcommittee #1 on Health and Human Services meets today (April 20) at 4:00 PM in the State Capitol in Room 127 (in the older part of the Capitol where the dome is located).   CLICK HERE TO SEE OR DOWNLOAD FULL AGENDA FROM THE CDCAN WEBSITE]

  Today’s (April 20th) hearing will focus on certain Department of Health Care Services budget issues, but will not hear the issue again today regarding the scheduled elimination of several Medi-Cal optional benefits including adult dental, incontinence creams and washes, podiatry and other services.  All items on the agenda were issues already passed and included in the 2009-2010 State Budget – approved 4 months early in February (the start of the state budget year is July 1) or issues that have been raised that neither house has acted on yet.  Many of the items however did not include details on how to implement a change or reduction.  The agenda items are as follows:

  APRIL 20, 2009 ASSEMBLY BUDGET SUBCOMMITTEE ON HEALTH AND HUMAN SERVICES AGENDA

  BUDGET ITEM 4260 DEPARTMENT OF HEALTH CARE SERVICES

ITEMS ON CONSENT

ISSUE 1  COUNTY ORGANIZED HEALTH SYSTEM EXPANSION

ISSUE 2  EXPANDED ACCESS TO PRIMARY CARE PROGRAM –SPRING

[DEPARTMENT OF FINANCE] LETTER

ISSUE 3  CALIFORNIA PRESCRIPTION DRUG DISCOUNT PROGRAM c-SPRING [DEPARTMENT OF FINANCE] LETTER

ITEMS TO BE HEARD

ISSUE 1  MAXIMUM ALLOWABLE INGREDIENT COSTS    

ISSUE 2  GENETICALLY HANDICAPPED PERSONS PROGRAM – CROWD OUT

ISSUE 3  GENETICALLY HANDICAPPED PERSONS PROGRAM – FEES

ISSUE 4  ELECTRONIC ASSET VERIFICATION   

ISSUE 5  SKILLED PROFESSIONAL MEDICAL PERSONNEL -SPRING [DEPARTMENT OF FINANCE] LETTER

ISSUE 6  NON-EMERGENCY MEDICAL TRANSPORTATION BROKER (LAO) 

ISSUE 7  DEPARTMENT OF HEALTH CARE SERVICES REGULATIONS (LEGISLATIVE ANALYST OFFICE)     

California Budget Crisis:  Los Angeles Times Front Page Story Hits IHSS Program - Article Cites LA and Sacramento County Grand Jury Reports – Advocates Say Story Not Accurate and Unfair But Article Will Likely Be Used by Those In Legislature Who Support IHSS Program Cuts

SACRAMENTO, CA (CDCAN) [Updated 04/13/09  05:00 PM  (Pacific Time) ]  -  With a major cut in state funding for In-Home Supportive Services (IHSS) worker wages scheduled to go into effect July 1, 2009 – barring a decision by the Legislature and Governor to rescind its earlier action in February and restore funding – the Los Angeles Times reported today (April 13) as its lead front page story that “fraud infects” the  program, which serves over 400,000 children and adults with disabilities, the blind and low income seniors.  The program also serves thousands of children and adults with developmental disabilities.  [photo of LA Times front page with lead IHSS story]  The article was written by respected Los Angeles Times reported Evan Hapler. 

To view or print the full CDCAN Report (CLICK HERE)

To view the 2007-2008 Los Angeles County Grand Jury Report that includes report on IHSS (CLICK HERE)

  To view the Sacramento County Grand Jury Report on IHSS released March 2009 (CLICK HERE)

CALIFORNIA BUDGET CRISIS: REGIONAL CENTER BUDGET CUT PROPOSALS RELEASED - PROPOSALS TOTALS $122 MILLION FOR 2009-2010 BUDGET YEAR

Targeted For Major Cuts and Changes by Department of Developmental Services Include Early Intervention Services (Early Start), Transportation, Day and Work Activity Programs, Supported Living Services, Respite and Increasing Parental Fees for Children in Out of Home Placements

SACRAMENTO, CA  (CDCAN) [Updated 04/07/09  03:20 AM  (Pacific Time) ]  -  The Department of Developmental Services, which oversees the 21 non-profit regional centers who coordinate services and supports to over 240,000 children and adults with developmental disabilities, submitted late Monday (April 6th) to the Legislature a package of 15 different proposals that detail how it will implement reductions of at least $100 million in state general fund spending for regional centers beginning July 1, 2009 through June 30, 2010 and beyond.  The proposals impact several regional center funded programs and services including early start, transportation, day and work activity programs, supported living services, respite (and home health agencies).  [FOR COPIES OF THE ACTUAL PROPOSAL BY THE DEPARTMENT OF DEVELOPMENTAL SERVICES, CLICK ON THE PROPOSALS BELOW]

1.  TRANSPORTATION

2  DAY AND WORK ACTIVITY PROGRAMS: UNIFORM HOLIDAY SCHEDULE

3. OLDER PERSONS WITH DEVELOPMENTAL DISABILITIES

4. INCREASED EMPLOYMENT AND VOLUNTEERISM

5. SUPPORTED LIVING SERVICES - IHSS

6  SUPPORTED LIVING SERVICES - REGULATIONS

7. EARLY INTERVENTION – NEIGHBORHOOD PRESCHOOLS

8. EARLY INTERVENTION -  ACCESSING PRIVATE INSURANCE

9. EARLY START (INTERVENTION) – ELIGIBILITY

10. RESPITE – EXPAND SCOPE OF DUTIES BY NON-LICENSED RESPITE WORKERS

11. REDUCTION IN ONE TIME REGIONAL CENTER FUNDING

12. QUALITY ASSURANCE REVIEW

13. PARENTAL FEE

14. LIFE QUALITY ASSESSMENT

15. IN-HOME BEHAVIOR INTERVENTION SERVICES

  The Department of Developmental Services 15 proposals total $122.2 million in reductions between July 1, 2009 and June 30, 2010 of which $102.8 million would be State general funds.  That reduction would grow in the  2010-2011 State Budget year and in subsequent budget years to $179.2 million  (of which $152.7 million would be a cut in State general fund spending).

  This reduction is on top of a 3% cut to regional center provider payments that was passed as part of the 2009-2010 State Budget, and was effective retroactively to February 1, 2009 and in addition to previous reductions approved as part of the 2008-2009 State Budget passed last September (three months late). 

  CDCAN will schedule a CDCAN Townhall Telemeeting with the Department of Developmental Services very soon regarding these proposals and other updates.

$100 Million Cut Already Approved in February – But Not Specifics

The reduction of at least $100 million in State general fund spending  – though not the specifics on how it would be achieved during the 2009-2010 State budget year – was already approved by the Legislature and Governor in February. 

The Department of Developmental Services was required by the 2009-2010 State Budget passed in February (four months early for the State budget year that begins July 1, 2009) to submit proposals to the Legislature by April 1, 2009 that provide details on changes to existing state laws that would achieve permanent reductions in State spending of at least $100 million – a total that does not include the loss of any federal matching funds.  The budget also required that the Department of Developmental Services receive input from stakeholders.

If the Legislature determines that the proposals as submitted by the Department of Developmental Services will not achieve at least $100 million reductions in State general fund spending between July 1, 2009 and June 30, 2010 (and beyond), then a “trigger” in the budget would be pulled that would, effective September 1, 2009, implement an additional 7.1% cut in payments to most regional center providers.

NEXT STEPS

The proposals require approval from both houses of the Legislature.  The Legislature can change the proposals.

• APRIL 22, 2009 - The Assembly has scheduled a Assembly Budget Subcommittee on Health and Human Services hearing on April 22, at 1:30 PM that could include on its agenda the proposals submitted today. 

• MAY 7, 2009 - The Senate Budget Subcommittee on Health and Human Services scheduled a hearing on May 7 at 9:30 AM (or upon adjournment of the Senate floor session) that will cover the proposals submitted today.  

• MAY 19, 2009 - SPECIAL ELECTION – the May 19 special election has several ballot measures linked to the 2009-2010 State Budget and depending on whether those measures pass or fail could determine whether the budget shortfall grows larger. 

• MAY 25, 2009 - GOVERNOR’S BUDGET CHANGES (REVISIONS) – On May 25th (or a few days after that) the Governor will release his proposed changes to the budget the Legislature passed and the Governor signed into law in February (four months early).  With revenues dropping sharply – and expenditures increasing, and depending on the results of the May 19th special election, more spending reduction proposals seem likely at this point, in addition to what was passed in February. 

• JUNE 2009 – Likely be the time when the Legislature holds final hearings on any proposal by the Governor not previously heard, and take final action on budget proposals – including whether or not to rescind cut of State funding (participation) for In-Home Supportive Services worker wages and elimination of several Medi-Cal optional benefits including adult dental, and other proposals – including possibly the April 6th Department of Developmental Services proposals if not acted on earlier. 

• JULY 1, 2009 – Start of the 2009-2010 State Budget year. 

  SUMMARY OF PROPOSALS BY DDS

CDCAN Note: copies of each proposal submitted to the Legislature on April 6, 2009 are available on the CDCAN website at www.cdcan.us

 1.  TRANSPORTATION

2009-2010 State Budget Year: $18.4 million reduction ($16.9 million State general funds)

2010-2011 and subsequent budget years: $39.9 million reduction ($36.6 million State general funds)

SUMMARY:

• This reduction would be achieved by maximizing “cost effective” transportation services that reduces costs to specialized or contract transportation services.

  If approved, effective July 1, 2009, at the time of development, scheduled review or modification of a consumer's Individual Program Plan (IPP) or Individualized Family Service Plan (IFSP), regional centers: shall not fund specialized transportation services for adults who can access and utilize public transportation; shall only fund the least expensive transportation modality that meets the consumer's need; fund transportation to the nearest program that can meet a consumer's needs as identified on the IPP/IFSP; and shall only fund transportation services for minor children when the family provides documentation that they can not provide transportation.

BACKGROUND

• Regional centers purchase transportation services for consumers of all ages.

• Transportation is provided so consumers can get to work, day and infant programs, social -recreation activities, therapies and medical care, etc.

• Regional center funded transportation services include specialized transportation, vouchers, taxis, bus passes for public transportation systems, and services provided by day and residential programs as an additional component of their vendored service.

• In the 2007-2008 State Budget year, regional centers spent $114.8 million purchasing transportation services for nearly 56,000 consumers. An additional $100 million was expended on contract transportation services.

• The January 10, 2009 Governor’s Budget projects regional centers will expend approximately $239.3 million for these services in 2009-2010 State Budget year that begins July 1, 2009.

PROS OF THIS PROPOSAL AS LISTED BY DDS:

Would result in savings in to the 2009-2010.State budget year that begins July 1, 2009

CONS OF THIS PROPOSAL AS LISTED BY DDS”

May create a barrier to receipt of services by minor children.

2  DAY AND WORK ACTIVITY PROGRAMS: INCREASED HOLIDAY SCHEDULE

2009-2010 State Budget Year:  $22.0 million reduction ($16.3 million State general funds) 

2010-2011 and subsequent budget years:  $22.0 million reduction  ($16.3 million State general funds)

SUMMARY:

         Reduction is achieved by implementing a 14 day Uniform Holiday Schedule for day programs, look-alike day programs, and work activity programs. 

         Assumes closure of all day programs, look-alike day programs, work activity programs and transportation services. Transportation savings adjusted for impact of transportation proposal.

         The savings would be achieved both through the closure of day programs, look-alike day programs, and work activity programs, and all the associated transportation costs to and from those programs.

         Should a program elect to remain open it would not be funded by the regional centers for services and regional centers would not fund transportation on the specified days

         To add four days and minimize the impact on residential services, it is proposed that those additional days be during the week between December 25th and January 1st.

         The proposal is specific to the following service codes/services: 954 Work Activity Program, 505 Activity Cente , 510 Adult Development Center, 515 Behavior Management Program, 525 Social Recreation Program, 605 Adaptive Skills Trainer, 805 Infant Development Program, 110 Program Support Group - Day Service, 028 Socialization Training Program, 048 Client/Parent Support Behavior Intervention Training, 055 Community Integration Training Program, 063 Community Activities Support Services, 091 In-Home Mobile Day Program, 094 Creative Arts Program, 425 Transportation-Family Member, 875 Transportation Company, 880 Transportation-Additional Component, 882 Transportation-Assistant, 883 Transportation Broker, 890 Transportation-Auto Driver, 895 Transportation-Public/Rental Car Agency/Taxi

BACKGROUND

         18 regional centers currently establish a uniform holiday schedule varying from six to twelve days annually. The other three regional centers estimate that, on average, service providers have nine to ten holidays annually.

          The Department of Developmental Services sets the uniform holiday schedule for work activity programs at ten holidays per year.

         By increasing the number of mandatory holidays to a uniform number statewide, savings to the general fund would be achieved.

PROS OF THIS PROPOSAL AS LISTED BY DDS

Potential savings (budget reduction) is significant.

CONS OF THIS PROPOSAL AS LISTED BY DDS.

1.  Will have some impact on residential services providers, although it has been minimized by specifying the four days between December 25th and January 1st.

2. Reduces the number of days consumers would be able to earn income in work activity programs, and any day or look-alike programs that support consumer employment.

3. Could impact the ability of work activity programs and day programs supporting consumers who are doing contract work to meet the contract production demands.

 3. DAY PROGRAMS & WORK ACTIVITY PROGRAMS: OLDER PERSONS WITH DEVELOPMENTAL DISABILITIES

2009-2010 State Budget Year:  $1.4 million reduction ($1.0 million State general funds)

2010-2011 and subsequent budget years: $1.4 million reduction  ($1.0 million State general funds)

SUMMARY:

         Reduction would be achieved by creating a new service for seniors at a reduced rate and with a corresponding increase in the staffing ratio.

         The new service is to be provided by the consumer’s existing provider. While the service is designed with consumers over the age of 50 in mind, it will be available to any consumer desiring a less rigorous day program.

         Participating providers would not be able to increase their current program capacity, as reflected in their program designs and/or by licensing requirements. 

         Assumption is that 5% of adults served in day programs, look-alike day programs, and work activity programs would like to retire.

         This service is intended enhance the quality of life of seniors with developmental disabilities who would are no longer interested in the current level of activities and services in their day program.

         This proposal hinges on being able to decrease the amount of support from 1 staff person to 3 consumers, 1 to 4, and 1 to 6 down to 1 to 8 for many of the seniors.

         To achieve savings, the rate of reimbursement would be reduced from as high as $72.42/day and as low as $35.34/day down to $35/day. Current service providers would not be able to increase their current program capacity. There are three service codes that would not have any rate change.

BACKGROUND

         This proposal assumes that older adults with developmental disabilities currently served by day programs, look-alike day programs, and work activity programs would want to “retire” and receive different services from the same providers at a reduced rate and increased staffing ratio.

         The current day program model is based on a staff to consumer ratio grounded in providing specific activities and services. An older person participating in a day program must participate in these activities and services.

          Individuals with developmental disabilities, similar to their counterparts without disabilities, may enjoy a less intense level of activity.

PROS OF THIS PROPOSAL AS LISTED BY DDS

1. Significant savings (budget reductions).

2. Creates a retirement option for consumers.

CONS OF THIS PROPOSAL AS LISTED BY DDS:

May decrease community integration

4.  INCREASED EMPLOYMENT AND VOLUNTEERISM

2009-2010 State Budget Year: $17.1 million reduction ($12.7 million State general funds)

2010-2011 and subsequent budget years: $17.1 million reduction  ($12.7 million State general funds)

SUMMARY

         Reduction would be achieved by creating the “Custom Endeavors Option” (CEO) which would will offer the opportunity to develop a customized employment or volunteer option with support from existing providers for 5% of current population.

          Participating providers would not be able to increase their current program capacity, as reflected in their program designs and/or by licensing requirements.

         Affected programs are: Community Integration Training Program (055), Community Activities Support Services (063), Activity Center (505), Adult Development Center (510), and Behavior Management Program (510).

BACKGROUND:

         Currently over 51,000 adults are served by day program and look-alike day program providers. Persons with developmental disabilities currently served by day programs and look-alike day programs often want to work, volunteer or become self-employed.

         Some of these persons are utilizing day programs because the supports needed to help them achieve their goals are not available. Utilizing existing service providers, five percent of existing persons with developmental disabilities could be supported to develop and maintain their employment or volunteer activities.

PROS OF THIS PROPOSAL AS LISTED DDS

1. Significant savings (budget reductions).

2. Increased income for persons with developmental disabilities and resulting decrease in spending (utilization) of “costly” day programs.

3. Increased independence of persons with developmental disabilities

CONS OF THIS PROPOSAL AS LISTED BY DDS

Persons with developmental disabilities may have additional time and may only have the option to spend it at home.

5. SUPPORTED LIVING SERVICES - IHSS

2009-2010 State Budget: $1.9 million reduction  ($1.3 million State general funds)

2010-2011 and subsequent budget years: $1.9 million reduction ($1.3 million State general funds)

SUMMARY

         This reduction would be achieved by prohibiting regional centers from purchasing personal care services for consumers who are Medi-Cal beneficiaries.

         All Supported Living Service (SLS) Agencies will be required to assist a consumer to apply for IHSS within five days of moving into a Supported Living arrangement.

          That component of the Supported Living Services  rate that covers personal care services provided during the lag period for IHSS approval shall not exceed the IHSS standard rate.

          By April 1, 2010, the Department of Developmental Services will collaborate with the California Department of Social Services to develop processes to allow: 1).   preliminary assessment for IHSS services to be conducted in California Department of Social Services and California Department of Public Health licensed facilities and the family home; and  2).   reimbursement for regional center costs for personal care services provided during the lag period (time between IHSS application to approval).

BACKGROUND:

         In-Home Supportive Services (IHSS) is a Medi-Cal service that allows a person in the program to hire an individual who provides in home supports, including domestic services.

          Among the people in the IHSS program are individuals with development disabilities eligible to receive services from regional centers under the Lanterman Developmental Disabilities Services Act.

         It is estimated that 10,909 regional center consumers currently receive IHSS Services.

         From the time a person with developmental disabilities applies for IHSS services to the time their application is approved; domestic personal care services are purchased through regional center funding in order for consumers to maintain living in a supported living arrangement. The amount of time between application to approval (lag period) varies from one to three months. Reimbursements for these services should be made from the IHSS program at the local county level.

         Currently, during this lag period, the State is paying a higher rate to the Supported Living Services (SLS) provider (and not benefiting from the county share of cost) than it would if the person with developmental disabilities were enrolled in IHSS.

         Payment for these services for the lag period to regional centers is at issue. The California Department of Social Services’ (DSS) policy is that county IHSS offices will reimburse only “out of pocket expenses” incurred in this period, referring to what is paid directly by the consumer for “like” services.

         In actuality, the person with developmental disabilities  does not pay out of pocket for services due to California ’s service delivery model with funding for all services coming through the regional center. This results in regional centers not getting reimbursed for the waiting period.

         To remedy this structural discrepancy, the Department of Developmental Services proposes that “like services” during consumers’ eligibility waiting periods should only be paid at the local IHSS rate for the support their staff provides, not the Supported Living Services (SLS) rate, until a consumer’s IHSS eligibility is finally determined.

         Further, the Department of Developmental Services estimates that a small number of consumers do not apply for IHSS. This is because of either the potential for a share of cost or because of the additional responsibility of being an IHSS employer.

         This proposal would prohibit regional centers from paying for services that are the responsibility of IHSS. A hardship exemption process would be developed.

PROS OF THIS PROPOSAL AS LISTED BY DDS

Recover costs in the regional center budget that funds community-based services (“purchase of services” budget or “POS”).

CONS OF THIS PROPOSAL AS LISTED BY DDS

Once receiving IHSS, person with developmental disabilities may have to pay share of cost.

6  SUPPORTED LIVING SERVICES - REGULATIONS

2009-2010 State Budget Year: $10.5 million reduction  ($6.9 million State general funds)

2010-2011 and subsequent budget years:  $21.0 million reduction  ($13.8 million State general funds)

SUMMARY: 

         Reduction would be achieved by amending the current Supported Living Services.

         Regulations that would be proposed for adoption:

         Proposal #1. Would require regional centers to review and renegotiate rates, if necessary, with supported living services (SLS)  agencies, at the time of renewal of the contract, to:  a) use the most cost effective rate methodology allowed by Title 17, Section 58660; b) specify allowable costs for administrative functions and ensure costs for administrative functions are reasonable given the number of consumers utilizing the agency; and  c) Include rates that are no higher than the supported living services (SLS) agency’s rate that was effective July 1, 2008.

         Proposal #2 would restrict the conditions under which a regional center can supplement a consumer’s rent, mortgage, or lease payment:  a) Establish the requirement that rent, mortgage, or lease payments and household expenses, such as utilities, are first responsibility of the consumer and/or their roommates;  b) If the regional center provides a supplement, require paid roommates and live-in support staff to pay their share of the rent, mortgage, or lease payment and household expenses;  c) require the consumer’s planning team, as evidenced in writing in the Individual Program Plan ( IPP), to confirm that all available sources of natural and generic supports have been utilized to the fullest extent possible; and  d) establish an exception process wherein the regional center executive director can authorize a time limited supplement to a consumer’s rent, mortgage, or lease payment, provided that: 1) Individual Program Plan ( IPP)  goals and objectives specify the period of time, not to exceed 6 months, during which the regional center will supplement the rent, mortgage, or lease payment, during which time the Supported Living Services agency is required to seek additional sources of natural and generic supports. If a long term supplement is deemed necessary, the necessity shall be reviewed annually.  2) the regional center executive director affirms in writing that the supplement of the consumer’s rent, mortgage, or lease:  A) is required due to the consumer’s developmental disability; or B) would result in General Fund savings to the regional center.

         Proposal #3 would, in  order to maximize available resources, require that regional centers shall, to the extent feasible and appropriate, utilize the same Supported Living Services agency to provide services that meet the individual needs, as determined through the Individual Program Plan process, of consumers who reside in the same home.

BACKGROUND

         Supported Living Services (SLS) consist of a broad range of services to adults with developmental disabilities who, through the Individual Program Plan (IPP) process, live in homes they themselves own, rent, or lease in the community.

          In the 2007-2008 State Budget year, approximately 9,500 individuals used Supported Living Services at a cost of approximately $300 million.

PROS OF THIS PROPOSAL AS LISTED BY DDS

1.  Each of the proposals is reflected in pending draft regulations the stakeholder community has already reviewed.

2.  Requires Supported Living Services (SLS) agencies to develop and promote the use of natural or generic resources (such as housing subsidies and SSI/SSP)

CONS OF THIS PROPOSAL AS LISTED BY DDS

Ceasing or limiting rent subsidies could limit consumers’ ability to use Supported Living Services.

7. EARLY INTERVENTION – NEIGHBORHOOD PRESCHOOLS

2009-2010 State Budget Year:  $8.9 million reduction ($8.9 million State general funds)

2010-2011 and subsequent budget years: $17.8 million reduction  ($17.8 million State general funds)

SUMMARY:

         Reduction would be achieved by expanding the availability and use of neighborhood preschools as a natural environment service setting which may be less costly than segregated center-based infant development programs.  This reduction assumes the following:

         In order for preschool services to be comparable to an infant development programs, an EI provider must be funded to provide specialized instruction in addition to preschool services.

         It is estimated that a preschool program funded at $19 per hour for 3 hours 3 times per week would result in a cost of $171 per week. Add an additional cost for an early interventionist or speech therapist to provide specialized EI services at a cost of $136 for 1 hour of intervention 3 times a week for a total cost of $307 per week for preschool and therapy services.

         Infant development program center-based services would be approximately $549 for 3 hours 3 times per week whereas neighborhood preschool services would be an estimated $242 less than the cost for the infant development program.

         Based on the Department of Developmental Services’ Expenditure Information Report by Budget Category for 2007-08, there were 30,700 children served by infant development programs. It is estimated that 5% of those children (1,535), 18 months of age or older, could be served in a neighborhood preschool program at a savings of $242 per week for six months resulting in a total savings of $8,915,280 for six months.

BACKGROUND:

         Early Start is California ’s system of interagency, coordinated early intervention (EI) services provided to infants and toddlers and their families with or at risk for developmental delays or disabilities.

          Early Start is available statewide through regional centers, local education agencies, and family resource centers.

         Currently, Early Start serves children who are at high risk for developmental disability, manifest established risks for developmental delay, or who have developmental delays. Of the over 60,000 infants and toddlers served annually in Early Start, approximately 23% enter the regional center caseload at age 36 months as ongoing regional center consumers.

         Regional Center purchase of services budget (the budget that funds community based services) expenditures totaled $278 million in the 2007-2008 State Budget year ($39 million federal funding for the regional center’s community based services budget or “purchase of services” ) at an average growth rate of 19% while population growth has averaged 11%.

         Early Start provides specialized EI services in the home, community and center-based settings through infant development programs (IDP) by a team of qualified interdisciplinary professionals that often include early interventionists, physical therapists, occupational therapists, and speech and language therapists.

         Usually toddlers begin attending center-based programs after turning 18 months of age. Typical attendance at an infant development program  ranges from two to three times per week for approximately three hours each day. The rates for infant development programs range from $28.66 to $48.34, using a staff ratio of 1 to 3, or $42.58 to $73.65, using a staff ratio of 1 to 2.

         In some areas of the state, regional center funds social/recreational programs (525) at $13.12 to $24.74 per hour or preschool using the Child Day Care (851) service code at a “usual and customary” or negotiated rate. These programs are used to enhance social/emotional or language development.

         However, they do not meet the description for specialized instruction or therapeutic services. Occasionally, individually vendored early interventionists and therapists are funded to provide EI services in a preschool setting at the “usual and customary” or Medi-cal rate.

         Neighborhood preschools provide a variety of child care and development programs to young children and youth up to 12 years of age. Preschools may include public and private programs.

         Specific services and age ranges offered are based on program design. Preschool programs under California Department of Education’s Child Development Division serve three to five year olds and are state and federally funded. Their rates are based on “usual and customary rates” in each region of the state.

PROS OF THIS PROPOSAL AS LISTED BY DDS

1.  Could result in a cost savings of $242 per child per week for children over 18 months of age who are currently served in infant development programs.

2.  Consistent with research supporting the delivery of services in natural environments such as integrated preschools.

3.  Would increase the use of natural environments and could be an alternative solution to infant development programs that do not provide services in natural environments.

4.  Takes advantage of preschools that provide a clean, safe, and positive environment for children with special needs, especially in high crime areas.

CONS OF THIS PROPOSAL AS LISTED BY DDS

1.      Neighborhood preschools may not provide a multidisciplinary team approach which is recommended by research.

2.       Multiple preschools may need to be vendored to ensure that the setting remained integrated resulting in increased workload for regional centers.

3.       To ensure positive child outcomes, training would be needed to support the interagency collaboration necessary for effective early intervention services.

8. EARLY INTERVENTION -  ACCESSING PRIVATE INSURANCE

2009-2010 State Budget Year:  $6.5 million reduction  ($6.5 million State general funds)

2010-2011 and subsequent budget years:  $13.0 million reduction  ($13.0 million State general funds)

SUMMARY:

         Reduction would be achieved by requiring families to access private insurance for all identified medical services, other than evaluation and assessment, for service provision or denial prior to service provision by the regional center as payer of last resort (already required for children age three years and older).

          Identified medical services are:  Specialized Therapeutic Services for children younger than 3 years, Hearing & Audiology Facility, Acute Care Hospital, Licensed Vocational Nurse, Durable Medical, Equipment Dealer, Registered Nurse, Laboratory/Radiological Services, Other Medical Services, Other Medical Equipment/Supplies, Audiology, Orthoptic Services, Speech Pathology, Orthotic/Prosthetic Services, Physical Therapy, Pharmaceutical Services, Physician/Surgeon, Occupational Therapy, Genetic Counselor

BACKGROUND

         Early Start is California ’s system of interagency, coordinated early intervention services provided to infants and toddlers and their families with or at risk for developmental delays or disabilities.

         Early Start is available statewide through regional centers, local education agencies and family resource centers.

         Currently, Early Start serves children who are at high risk for developmental disability, manifest established risks for developmental delay, or who have developmental delays.

         Of the over 60,000 infants and toddlers served annually in Early Start, approximately 23% enter the regional center caseload at age 36 months who will continue to receive regional center funded services.

         Regional center purchase of services budget (the budget that funds community-based services) spending totaled $278 million in the 2008-2009 State Budget year ($39 million federal funding ). The 2009-2010 State Budget spending for Early Start is expected to be: $50,674,000 from the Federal Grant and another $349,567,000 in State general funds.

PROS OF THIS PROPOSAL AS LISTED BY DDS

1.      Complies with federal guidelines and state family cost participation guidelines.

2.       Conforms to Lanterman Act mandating regional centers pursue other sources of funding for services, thereby reaffirming regional center as payer of last resort per federal and state laws.

CONS OF THIS PROPOSAL AS LISTED BY DDS

1.      Health plans may determine the medical service is not ‘medically necessary’ but is ‘developmentally necessary’.

2.       If this occurs, the service becomes a required early intervention service per federal regulations.

3.       Could result in delay of needed medical services while family’s insurance carrier determines if the service is covered.

4.      Requires collaboration and consistent processes with the California Department of Education because of the dually-served and solely low incidence children for which school districts have responsibility.

5.      Requires redefining Early Start “system of services and payments” on federally approved documents and subsequent statewide training of service coordinators and vendors.

9. EARLY START (INTERVENTION) – ELIGIBILITY

2009-2010 State Budget Year:  $15.5 million reduction ($15.5 million State general funds)

2010-2011 and subsequent budget years: $15.5 million reduction  ($15.5 million State general funds)

SUMMARY:

         This reduction would be achieved by prospectively (from date this proposal is effective) limit eligibility for Early Start services to only those infants/toddlers at the highest risk of a developmental disability in most need of program services entering Early Start at 24 months of age or older as follows:\

         A).  Current eligibility: Those who are determined ‘at risk’ can enter the Early Start Program at any age.  Proposed change: Those who are determined ‘at risk’ and are aged 24 months or older would not be eligible for the Early Start Program.

         B).  Current eligibility: Those who have a ‘developmental delay’ of 33% or greater in one of five domains can enter the Early Start Program at any age.  Proposed change: Those who have a ‘developmental delay’ in only one domain and are aged 24 months or older would need to have a ‘developmental delay’ of 50% or greater.

BACKGROUND

See proposal on changing Early Start eligibility for background on Early Start program

PROS OF THIS PROPOSAL AS LISTED BY DDS:

1.  This proposal does not impact the eligibility of any infant or toddler under the age of 24 months.

2.   Promotes regional center Early Start focus and resources on those infants with delays or with established risk conditions who are at greatest risk for developmental disability.

3. May result in fewer children transitioning to regional center caseloads at age 36 months.

CONS OF THIS PROPOSAL AS LISTED BY DDS:

1.  Without early intervention, some infants and toddlers may enter the regional center system and/or special education at an older age.

2. Costs saving (reduction)  in Early Start may be shifted to special education and other public programs for long term services.

10. RESPITE – EXPAND SCOPE OF DUTIES BY NON-LICENSED RESPITE WORKERS

2009-2010 State Budget Year: $4.0 million reduction  ($3.0 million State general funds)

2010-2011 and subsequent budget years:  $4.0 million reduction  ($3.0 million State general funds)

Note: Department of Developmental Services estimates costs of this proposal at $56,800 ($42,600 of that State general funds) each budget year for training of the non-licensed workers. 

SUMMARY:

         Reduction would be achieved by expanding the scope of duties performed by non-licensed In-Home Respite Agency workers to include routine skilled services such as medication administration, diabetic care, g-tube feedings, consistent with those allowed to be provided by licensed day program staff per Title 22, Division 6, Chapter 3, (Adult Day Program Regulations, Article 8, Section 82092), with the exception of tracheostomy care.

         Compensate in-home respite workers by providing a $.50/hour wage increase for hours they are providing the increased skill services (and cover the employer’s social security, unemployment, workers’ compensation costs associated with the wage increase).

         This reduction assumes the following:  1). A 10% reduction in the number of respite hours purchased from Home Health Agencies ($31.38/hour) and Licensed Vocational Nurses ($26.05/hour).  2). A corresponding increase in the number of respite hours purchased from In Home Respite Agencies to compensate for the skilled respite worker when they are providing the skilled respite services and the training and administrative costs for the In-Home Respite Service Agencies.

          The Department of Developmental Services proposes a $0.50/hourly wage increase (limited to hours providing skilled respite services), plus 16.76% for the employer costs due to the wage increase (social security, workers’ compensation, unemployment compensation) 16.76%=$.58) =$18.16.

BACKGROUND

         Many persons with developmental disabilities are “medically fragile” but medically stable and receive respite services from Home Health Agencies (HHA) (Service Code 854) or Licensed Vocational Nurses (LVN) (Service Code 742). Welfare and Institutions Code, Section 4686, now allows in-home respite workers to provide gastrostomy care and feeding of clients, after successful completion of training.

         This proposal would allow non-licensed employees of In-Home Respite Services Agencies (Service Code 862) to provide additional routine skilled services.

         Title 22, Division 6, Chapter 3, (Adult Day Program Regulations, Article 8, Section 82092) specifies that adult day programs may accept or retain medically stable consumers who have certain restricted health conditions, which include use of inhalation-assistive devices, fecal impaction removal, enemas, and suppositories colostomy/ileostomies, and catheters, insulin-dependent diabetes, wounds, Stage 1 and 2 pressure sores, Staph or other serious, communicable infections, as specified, if certain requirements are met. One of these requirements is that program staff complete training provided by a licensed professional sufficient to meet the needs of the client.

PROS OF THIS PROPOSAL AS LISTED BY DDS

1.      Generates savings (budget reductions) to the State, by reducing reliance on higher cost in-home health professionals.

2.      Families would benefit from having respite workers who could provide these routine services.

CONS OF THIS PROPOSAL AS LISTED BY DDS

1.      Change in state law needed for exclusion from nursing scope of practice.

2.      Requires time and training for non-licensed workers to properly learn these skills. 1

3.      May increase respite utilization (use) for some families who were previously unable to utilize respite due to a shortage of licensed personnel.

11. REDUCTION IN ONE TIME REGIONAL CENTER FUNDING

2009-2010 State Budget Year:  $3.5 million reduction ($3.5 million State general funds)

2010-2011 and subsequent budget years: $3.5 million reduction ($3.5 million State general funds)

SUMMARY:

         This reduction is achieved by reducing funding for regional center costs associated with moving and/or expansion.

         The 2009-2010 State Budget year requests from regional centers for one-time costs total $6.5 million. This proposal would cap the amount available for a savings of $3.5 million in State general funds.

BACKGROUND

         Funding for one time costs associated with relocation and/or expansion is provided to regional centers through the budget process.

         This unique, one time funding is provided, for instance, to assist a regional center in opening a new branch office in an outlying county with rapid population growth.

         Funding may also be provided for office expansion (e.g. communication system) to accommodate increased staffing needs associated with caseload growth and/or new mandates.

PROS OF THIS PROPOSAL AS LISTED BY DDS:

Would generate State general fund savings (budget reductions)

CONS OF THIS PROPOSAL AS LISTED BY DDS:

May result in insufficient funding to regional centers for this purpose in a given year to meet all needs

12. REGIONAL CENTERS – QUALITY ASSURANCE REVIEW

2009-2010 State Budget Year:  $1.5 million reduction ($1.0 million State general funds)

2010-2011 and subsequent budget years:  $1.5 million reduction ($1.0 State general funds)

SUMMARY:

This reduction would be achieved by eliminating Regional Center funding and requirement for conducting a Triennial Quality Assurance Review of vendored Community Care Facilities.

BACKGROUND

         Funding is provided through the core staffing formula to regional centers to meet this regulatory mandate.

         Current regulations require a quality assurance evaluation be conducted a minimum of once every three years.

         This evaluation includes record reviews, consumer observation and interviews to determine satisfaction with facility services, and an assessment of the facility in assisting consumers in achieving the individual life quality outcomes. A written report is issued with regional center follow up as needed which may include the provision of technical assistance.

         This proposal would eliminate this requirement and associated funding.

PROS OF THIS PROPOSAL AS LISTED BY DDS:

Generates State general fund savings (budget reductions)

CONS OF THIS PROPOSAL AS LISTED BY DDS:

This review is included in the Department’s approved federal Medicaid Home and Community-Based Services (HCBS) Waiver so an amendment will be needed.

13. REGIONAL CENTERS – PARENTAL FEE

2009-2010 State Budget Year:   $900,000 reduction ($900,000 State general funds)

2010-2011 and subsequent budget years: $2.2  million reduction ($2.2 million State general funds)

SUMMARY

         This reduction is achieved by updating the Parental Fee Program applying to parents of children under the age of 18 who live in any out-of home care arrangement, whether in a community or Developmental Center .

          The current fee was last fully adjusted in 1989. Department of Developmental Services estimates that this proposal would result in additional State general fund revenues of approximately $0.9 million (total funds) for first year implementation; $1.7 million (total funds) in the second year; and $2.2 million (total funds) after full implementation. [CDCAN Note: this is a different program than the family cost participation (sometimes referred to as the parental or family share of cost or co-payment program)]

BACKGROUND:

         The Parental Fee Program applies to parents of children under the age of 18 who live in any out-of-home care arrangement, whether in the community or a Developmental Center .

         Parents are assessed a fee based on a sliding scale that varies by family size and income. The fee is the same regardless of where the child is placed out of home. The Department determines the parents’ ability to pay, assesses the fee, and bills the parents monthly until the child turns 18.

         Revenues produced by this program are deposited in the Program Development Fund and used for developing expanded community resources.

         In order for this proposal to be considered, the increase in parental fees would need to be deposited into the General Fund, rather than the Program Development Fund.

         The Parental Fee Schedule would be adjusted in two ways:  1).  The first change would be to raise the minimum income level upon which to base the fee to the current federal poverty level (FPL). The current federal poverty level (FPL) is $18,310 for a family of three. The current parental fee schedule has the lowest fee based on an income level of $12,501.   This change to the minimum income level will reduce the families subject to a fee by about 10%  and  2).  The second change would be to adjust the fee schedule to reflect the 2007 data available from the US Department of Agriculture’s survey on the cost of raising a child in California , adjusted for the consumer price index (CPI) from the survey date to present. This would raise the maximum amount billable for families at all levels of income above the federal poverty level (FPL) and raise the maximum fee from $662 per month to approximately $1,875 for the highest income families with the oldest children.

         For parents currently paying a fee, the increase will be phased in over three years. For parents of children who begin living in a out-of-home care arrangement after June 30, 2009, the full fee amount will be assessed. The maximum fee may not exceed (1) the cost of caring for a normal child at home, or (2) the cost of services provided, whichever is less. The current Parental Fee was last adjusted in 1989, except for an increase in the maximum fee amount in 2003 to $662.

         Currently, any change to the parental fee schedule requires the approval of the State Council on Developmental Disabilities. Language will be drafted to make this change without Council approval.

PROS OF THIS PROPOSAL AS LISTED BY DDS

1.  Ensures families with resources are reimbursing the state actual costs for which they would otherwise be responsible if their children were living with them at home.

2.  Creates a disincentive for some families who otherwise may place their children out-of-home in costly publicly-funded living arrangements, but for the liability of the parental fee.

CONS OF THIS PROPOSAL AS LISTED BY DDS

Imposes a significant increase in fee amount on parents.

14. REGIONAL CENTERS – LIFE QUALITY ASSESSMENT

2009-2010 State Budget Year:  $2.0 million reduction ($2.0 million State general funds)

2010-2011 and subsequent budget years:  $2.2 million reduction ($2.2 million State general funds)

SUMMARY:

         Reduction achieved by consolidating the Quality Assurance Evaluation process.

         Would redirect funding for the Life Quality Assessment (LQA) and the Evaluation of People with Developmental Disabilities Moving from Developmental Centers into the Community (Movers Study) into a single quality assessment tool and data collection effort.

         The tool will be nationally recognized and programmatically up-to-date.

         The Department of Developmental Services will contract for administration of the tool with the State Council on Developmental Disabilities.

         In consultation with stakeholders, the Department of Developmental Services  will establish a set of nationally recognized quality assurance performance and outcome indicators that will:  1).  Provide consistent and measurable data for the Department of Developmental Services’ Quality Management System;  2).  Enable the Department of Developmental Services, regional centers, and policy makers to benchmark the performance of California against that of other states, as well as a comparison of quality measures across all 21 California regional centers;  3). Provide a stratified, random sample of surveys among the entire Department of Developmental Services  consumer population; and  4). Avoid the duplicative data collection of personal outcome elements (e.g. school, work, health, safety), currently generated by the Client Development and Evaluation Report (CDER).

BACKGROUND:

         State law currently required the Department of Developmental Services to administer two consumer quality assurance evaluations, the Movers Study (Welfare and Institutions Code 4418.1) and the Life Quality Assessment (LQA) (Welfare and Institutions Code 4570).

          These two evaluations are in addition to the regular oversight and monitoring conducted by the regional centers and the periodic state licensing agencies’ reviews.

         Conceived over ten years ago, these surveys do not provide adequate quantifiable data to inform current quality assurance efforts and meet the evolving continuous quality assurance expectations the Centers for Medicare and Medicaid (CMS) have for the Home and Community Based Services Waiver (HCBS).

PROS OF THIS PROPOSAL AS LISTED BY DDS:

1.      Elimination of duplication of effort.

2.      Provides ability to compare the performance to other states.

3.      Quantifiable results that make it possible to identify areas where the system is performing well and areas requiring improvement.

4.      Potential to utilize the Area Board on Developmental Disabilities’  existing statewide data collection structure and cadre of trained surveyors.

CONS OF THIS PROPOSAL AS LISTED BY DDS:

1.   Information would not be available at the individual level to assist regional centers and consumers with the Individual Program Plan (IPP) development.

2.   Reduction in State staff.

 

15.  REGIONAL CENTERS:  IN-HOME BEHAVIOR INTERVENTION SERVICES

2009-2010 State Budget Year:  $8.1 million reduction ($6.4 million State general funds)

2010-2011 and subsequent budget years: $16.2 million reduction  ($12.8 million State general funds)

SUMMARY: 

         Reduction achieved by reducing costs for in-home behavior intervention services by requiring parents to complete group instruction on behavioral intervention, prior to being provided with in-home behavioral services.

         Would reduce regional centers’ cost to their budgets that fund community-based services (called “purchase of services” or “POS”) costs for in-home behavior intervention services by refining (changing) regional centers’ Service Code (Client/Parent Support Behavior Intervention Training) and Service Code 077 (Parent Coordinated Home Based Behavior Intervention Program for Autistic Children). These service codes will refine the two services so that group instruction on behavior intervention for parents (and/or guardians) must be completed prior to receipt of in-home behavioral services.

         Training would include the basics of behavior intervention, how to manage less severe behavioral challenges, and the role and responsibilities of parents (and/or guardians) in the provision of in-home behavioral services.

         Training would be provided by a Board Certified Behavior Analyst with teaching experience and costs approximately $1,200 per training. For an average size regional center, the assessed need is about 24 trainings per year.

BACKGROUND

         In the State budget year 2007-2008, regional centers spent at least $44,527,003 on in-home behavior services for consumers residing in their families’ homes.

         These costs include those billed to Service Code 048 (Client/Parent Support Behavior Intervention Training) and Service Code 077 (Parent Coordinated Home Based Behavior Intervention Program for Autistic Children).

         Behavior intervention services are often critical to a consumer remaining with their family at home.

         According to the Department of Developmental Services, this has been a proven model of providing cost-effective behavior intervention services. Currently, at least three regional centers ( Valley Mountain Regional Center , North Los Angeles Regional Center , and Frank D. Lanterman Regional Center ) provide group training to parents on behavior intervention. In-home behavioral interventions require a significant time commitment on the part of family members.

         Some family members are not aware of the time commitment and/or could benefit from group training in lieu of in-home behavioral services.

PROS OF THIS PROPOSAL AS LISTED BY  DDS:

This proposal could save the state General Fund while improving the capacity of parents to address the behavioral needs of their children.

CONS OF THIS PROPOSAL AS LISTED BY  DDS:

1.      The total savings in this proposal are offset by the costs of providing the group training.

2.      Some families, including those who are not English speaking, or who live in remote rural locations, may not be able to access group instruction.

3.      In-home behavior intervention services are customized to meet the needs of the particular consumer, and also involve the siblings and extended family in interventions. As a result, in some cases, in-home behavior services may be more effective than parent training.

  MARTY OMOTO COMMENTARY - "FEDERAL TRIGGER CUTS" AND THE FIGHT FOR JUSTICE  (March 27, 2009) - This coming Monday (March 30th) is California ’s observance of the birthday of an authentic American hero, Cesar Chavez.  It is perhaps fitting that we think of him, his work and legacy as we ponder how it is that California can allow terrible things to happen to its own people.  His legacy was about fighting for what was right and decent.  The struggle was a moral issue as much as it was a legal one in fighting for the rights of farmworkers and others who worked the fields.And the impact of that struggle sent a ripple of hope far beyond the boundaries of any field.  (CLICK FOR FULL COMMENTARY)

BREAKING NEWS:  "FEDERAL FUNDS TRIGGER" WON'T BE PULLED - TREASURER & FINANCE DIRECTOR SAY GOAL OF $10 BILLION OF FEDERAL FUNDS WON'T BE REACHED - SEVERAL MAJOR CUTS TO HEALTH & HUMAN SERVICES WILL NOW HAPPEN 

Pulling "Trigger" Would Have Stopped Permanent Cuts To IHSS Worker Wages, Elimination of Several Medi-Cal Optional Benefits, Cuts to SSI/SSP & CalWORKS Grant Levels From Taking Place - Those Cuts Will Now Happen Barring A Change of Mind By Governor and Legislature To Restore Funding

SACRAMENTO, CA (CDCAN) [Updated 03/27/09 10:18 AM (Pacific Time) ] - State Treasurer Bill Lockyer and the Governor's Department of Finance Director Mike Genest announced this morning (March 27) that California will fall short of receiving at least $10 billion in federal funds by June 30, 2010 that "may be used" to replace (off-set) the spending of State general fund money which means that the so-called "federal funds trigger" in the 2009-2010 State Budget that if pulled, would have prevented several major cuts from taking place in July, will not be pulled. 

(CLICK HERE FOR COPY OF STATE TREASURER'S MARCH 27, 2009 DETERMINATION AND LETTER TO LEGISLATURE AND GOVERNOR]

(CLICK HERE FOR COPY OF MARCH 27, 2009 DEPARTMENT OF FINANCE FEDERAL STIMULUS FUNDS DETERMINATION DOCUMENT)

Barring a change of mind by the Legislature and Governor in the coming months that either cuts education funding to make available more federal funds or restoring funding that reverses their action in the budget passed in February, that means several major permanent budget cuts will now happen after July 1, 2009, including elimination of several Medi-Cal optional benefits, rolling back of State funding for In-Home Supportive Services worker wages to a maximum of $9.50 per hour, and cuts to the grant levels for SSI/SSP (by 2.3% and cutting the January 1, 2009 federal cost of living increase) and CalWORKS (cutting grants by 4%). Those cuts will have a dramatic and wide spread impact on hundreds of thousands of people with disabilities, mental health needs, the blind, seniors and low income families and In-Home Supportive Services workers and other providers across the State.

The announcement - which comes 4 days earlier than the April 1 deadline was required by the Legislature and Governor as part of the 2009-2010 State Budget that was passed and signed into law in February (the budget was passed four months early in order to implement major cuts and increases in revenues to close a then budget gap of over $42 billion. However many details on how certain cuts would be implemented were left to be decided later - like the $100 million cut to regional centers to take effect July 1, 2009)

While California is expected to receive well over $31 billion in federal money from the federal economic stimulus bill by December 2010, and billions more in federal competitive grants - much of that money is restricted in how it is spent or does not replace spending of state general fund money.

Cuts That Will Now Happen Because "Federal Funds Trigger" Was Not Pulled Several major permanent cuts will take place as scheduled and also one of the tax increases would also take effect in July 2009 because the State Treasurer and Governor's Finance Director's determination today (March 27) that the $10 billion threshold in federal funds will not be met. Those cuts - all similar to what the Governor previouly proposed in nearly every budget year since 2003 - are as follows:

MEDI-CAL "OPTIONAL" BENEFIT ELIMINATION:  These Medi-Cal "optional" benefits are called "optional" because the federal government does not require the states to provide them - though these benefits are provided in Medi-Cal covered health facilities. Another cut to the Medi-Cal program impacted by the federal trigger cut decision is a reduction of $54.1 million in State funding for South Los Angeles Medical Services

*  The Treasurer and Finance Director's report released today (March 27) means that the "federal funds trigger" will not be pulled - which means this cut - barring a change in mind in the coming months by the Legislature and Governor to reverse their action in February and restore this funding in the budget - WILL happen. 

* When This Cut Takes Effect: July 1, 2009 Description of This Cut: The following Medi-Cal optional benefits will be permanently eliminated as of the effective date: 1. adult dental 2. acupuncture services 3. audiology and speech therapy services 4. chiropractic services 5. optometric and optician services including services provided by a fabricating optical laboratory 6. podiatric services 7. psychology services, and 8. incontinence creams and washes. 

* This reduction was originally proposed by the Governor and will mean a cut to the Medi-Cal program of over $258.8 million ($129.4 million of that in State general funds) during the 2009-2010 State Budget year that begins July 1, 2009. 

* Who Is Exempted By This Cut: medical and surgical services that may be provided by a doctor regardless of whether the service is actually provided by either a doctor or dentist, pregnancy-related services, and services for treating conditions that might complicate pregnancy. Also exempted for this specific cut are persons in the Early and Periodic Screening, Diagnosis, and Treatment Program (EPSDT) and long-term care in a skilled nursing facility or intermediate care facility.

IN-HOME SUPPORTIVE SERVICES (IHSS) There are two cuts impacted by the "federal trigger cut" determination. The first reduction would permanently cut back what the State will provide toward IHSS worker wages (called "State participation") back to the maximum amount of $9.50 per hour. While not specifically rolling back wages by itself - the counties who pay more than that amount in IHSS worker wages would have to make up the difference. Nearly every county in California is facing mounting budget deficits of their own and would not be able to replace the lost State funding - and that in turn would lead to a permanent rollback in IHSS worker wages. This action does not have immediate direct impact on those counties who are only paying IHSS workers the State minimum wage - though it will impact future collective bargaining in those counties. The second reduction cuts funding by limiting the IHSS share of cost buy-out to those people who are receiving it before July 1, 2009.

STATE FUNDING (PARTICIPATION) OF IHSS WORKER WAGES 

* The Treasurer and Finance Director's report released today (March 27) means that the "federal funds trigger" will not be pulled - which means this cut - barring a change in mind in the coming months by the Legislature and Governor to reverse their action in February and restore this funding in the budget - WILL happen. 

* When This Cut Takes Effect: July 1, 2009 

* Description of This Cut: Will limit the state funding (participation) in IHSS worker wages to a total cost of wages up to $9.50 per hour and individual health benefits up to $0.60 per hour. 

* This reduction will mean a cut to the In-Home Supportive Services program of $74.2 million in State general fund money during the 2009-2010 State Budget year that begins July 1, 2009.

IHSS SHARE OF COST BUY-OUT

* The Treasurer and Finance Director's report released today (March 27) means that the "federal funds trigger" will not be pulled - which means this cut - barring a change in mind in the coming months by the Legislature and Governor to reverse their action in February and restore this funding in the budget - WILL happen. 

* When This Cut Takes Effect: July 1, 2009 

* Description of This Cut: Will limit the share-of-cost buy-out for persons in the In-Home Supportive Services program who receive Medi-Cal personal care services to those people who were receiving this supplementary payment before July 1, 2009 (meaning no one else would be eligible for this share of cost buy-out after that date). 

* This reduction will mean a cut to the In-Home Supportive Services program of $3.8 million in State general fund money during the 2009-2010 State budget year that begins July 1, 2009.

SSI/SSP GRANT LEVEL REDUCTION:  The federal "trigger cuts" is linked to one but not all of the cuts to SSI/SSP (Supplemental Security Income - funded by the federal government - and the State Supplemental Payment program, funded by the state).

* The Treasurer and Finance Director's report released today (March 27) means that the "federal funds trigger" will not be pulled - which means this cut - barring a change in mind in the coming months by the Legislature and Governor to reverse their action in February and restore this funding in the budget - WILL happen. 

* When This Cut Takes Effect: July 1, 2009 

* Description of This Cut: Will reduce by 2.3% the SSI/SSP grant level in effect on December 1, 2008 by 2.3%., reducing the monthly grant levels by $20 for individuals and $35 for couples. This would also continue the cut (withholding) of the federal cost of living increase that went into effect for SSI/SSP on January 1, 2009 - but is scheduled to be cut on May 1, 2009 (that action was passed as part of the 2009-2010 State Budget). 

* Exempts from this reduction are people receiving SSI/SSP living in SSP living arrangements for Non-Medical Out-of-Home Care and Title XIX medical facilities, as well as those receiving a Restaurant Meal Allowance. * This 2.3% grant reduction means a cut to the SSI/SSP program of over $267.8 million State general fund money during the 2009-2010 State budget year. 

* The cuts (suspension) of the State cost of living money owed to SSI/SSP on June 1, 2010 will continue (it was not linked to the "federal funds trigger" decision).

CALWORKS GRANT LEVEL REDUCTION: The California Work Opportunity and Responsibility to Kids program - called "CalWORKS" is the state's "welfare to work" program which includes thousands of low income children and their parents who have disabilities or other special needs, including mental health needs. Other cuts to CalWORKS are happening or will happen, regardless of today's decision by the State Treasurer and Department of Finance Director on the $10 billion threshold.

* The Treasurer and Finance Director's report released today (March 27) means that the "federal funds trigger" will not be pulled - which means this cut - barring a change in mind in the coming months by the Legislature and Governor to reverse their action in February and restore this funding in the budget - WILL happen. 

* When This Cut Takes Effect: July 1, 2009 

* Description of This Cut: Would permanently reduce the CalWORKs maximum grant payments by 4%, resulting in a loss of $29 monthly for a family of three, reducing their monthly grants from $723 to $694. [this is in addition to other cuts to the CalWORKS program not impacted by the "federal funds trigger" decision] 

* This grant reduction will mean a cut to the CalWORKS program of $146.9 million in State general fund money during the 2009-2010 State Budget year..

OTHER PROGRAMS IMPACTED BY FEDERAL TRIGGER 

* Cuts to Courts (new judges, trial court operations) of $171.3 million in State general funds. 

* University of California cut of $50 million in State general funds. 

* California State University cut of $50 in State general funds. 

* The increase in personal income tax drops from 0.25% to 0.125%

What the Treasurer and Finance Director Were Required To Decide 

* The 2009-2010 State budget signed into law by the Governor on February 20, 2009 required the State Treasurer and the Governor's Director of Finance to determine by April 1, 2009 whether California will receive at least $10 billion from the $789 billion federal economic stimulus bill (signed into law by President Obama on February 17, 2009), called the American Recovery and Reinvestment Act (ARRA) and, possibly, other federal legislation. 

* To qualify, the federal funds have to be "made available" to California by June 30, 2010, and must replace or offset spending that would otherwise be made from the State general fund. 

* There are differences of opinion on what is meant by "make available" and "may be used" in terms of what federal funds can be counted toward the $10 billion 

* If State funds must be spent to access the federal funds, those State expenditures, at least in some cases, will be subtracted from the dollars counted toward the $10 billion benchmark.

LEGISLATIVE BUDGET LANGUAGE 

The following is the legislative budget (trailer) bill language in ABx3 16 that was passed and signed by the Governor in February along with the main budget bill and other budget related bills, dealing with the federal "trigger cuts":

SECTION 1. Section 99030 is added to the Government Code, to read: 99030. (a) On or before April 1, 2009, the Treasurer and the Director of Finance shall meet and confer in a public hearing for the purpose of determining whether federal legislation has been enacted that will make available, by June 30, 2010, additional federal funds that may be used to offset not less than ten billion dollars ($10,000,000,000) in General Fund expenditures. (b) Notwithstanding any other provision of law, the Treasurer may send a designee and the Director of Finance may designate a deputy of his or her office to act in his or her place and stead for purposes of subdivision (a). (c) If, on or before April 1, 2009, the Treasurer and the Director of Finance determine that sufficient federal funds have been made available as described in subdivision (a), the Director of Finance immediately shall notify, in writing, the Joint Legislative Budget Committee and the Controller of this determination. (d) This section shall be operative only until July 1, 2010, and as ofhat date is repealed. 

SEC. 2. This act addresses the fiscal emergency declared by the Governor by proclamation on December 19, 2008, pursuant to subdivision (f) of Section 10 of Article IV of the California Constitution. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to reduce General Fund expenditures at the earliest possible time, it is necessary that this act take effect immediately.

SENATE ADJOURNS UNTIL 11 AM MONDAY - ASSEMBLY ALSO ADJOURNS AND WILL MEET AT NOON MONDAY - BUDGET REMAINS STALLED IN SENATE

  SACRAMENTO, CALIF (CDCAN) [Updated 02/15/09  09:25 PM (Pacific Time) ]   -  The State Senate adjourned, after a grueling non-stop session that began Saturday afternoon, but will come back in session at 11:00 AM on Monday, February 16 to attempt again to pass the budget.  The budget, which passed out of the Assembly early Sunday morning, remains stalled in the State Senate, unable to win one more vote from the Senate Republicans to pass it.  Passage of a budget requires 27 State senators to vote for it out of the 39 members (one vacancy).  Democrats hold 24 seats and Republicans 15, which means, if every Democrat votes for it, the budget still would need 3 Republican votes. 

The Assembly also adjourned after a more than 24 hour session and will reconvene again on Monday at noon. 

  Senate President Darrell Steinberg (Democrat – Sacramento ) showed anger at some Senate Republicans for the continued budget impasse,  warnined that “what is at issue here…the fact of the matter the State is days away from financial collapse” .  and that the Assembly is ready to pass a bill to raise the revenues to balance the cuts “to allow California to live another day”.

  Only one Senate Republican – Senate Republican Leader Dave Cogdill of Fresno , voted for the budget agreement, with Sen. Roy Ashburn (Republican – Bakersfield ) a likely vote for it, but who abstained.  Focus has been on Sen. Abel Maldonaldo (Republican – San Luis Obispo ) who said earlier on Sunday that he is “open” to considering providing the crucial vote to pass the stalled budget plan. 

  Assembly Passed the Main Budget Bill

The Assembly earlier on Saturday evening passed the bill with mid-year budget cuts (SBx3 2) by a vote of 64 to 14 earlier Saturday evening and later – at 2:43 AM on Sunday morning, the main budget bill for the 2009-2010 State Budget year (SBx3 1) by a of 59 to 16.   Both those bills however also needed final approval in the State Senate – where it remains stalled as of Sunday morning 10:34 AM.     

  The Assembly earlier passed several budget related bills – called “trailer bills” that made necessary changes in existing state law to implement the budget reductions and changes in both the main budget bill for 2009-2010 and the bill that makes mid-year budget cuts for 2008-2009. 

California Budget Crisis:

* NO BUDGET YET – STALEMATE IN SENATE

* STATE EDGES TOWARD FINANCIAL DISASTER

* DETAILS OF HEALTH & HUMAN SERVICES CUTS

* CUTS STILL NEED APPROVAL IN SENATE

* Regional Centers , SSI/SSP, CalWORKS Hit Hard

Budget Remains Stalled In State Senate - Both Houses Remain In Session Early Sunday Morning - Assembly Passed Budget Bill Earlier

 

SACRAMENTO, CALIF (CDCAN) [Updated 02/15/09  07:19 AM (Pacific Time) ]   -   With California edging toward financial disaster, passage of a budget agreement remains stalled in the State Senate early Sunday morning, falling two votes short of the 27 senators needed for passage, and as of 4 AM early Sunday morning, both houses remain in session in hopes of breaking the stalemate.  As reported earlier, it is not clear if the Governor, the Governor and the Democratic legislative leadership – and the Republican legislative leaders can put enough pressure on moving 2 Senate Republican votes needed to pass the budget. 

 

The Assembly had better luck, passing a bill with mid-year budget cuts (SBx3 2) by a vote of 64 to 14 earlier Saturday evening and later – at 2:43 AM on Sunday morning, the main budget bill for the 2009-2010 State Budget year (SBx3 1) by a of 59 to 16.   Both those bills however also needed final approval in the State Senate – where it remains stalled. 

 

At 3:34 AM Sunday morning, Assembly Speaker Karen Bass (Democrat – Los Angeles ) told Assemblymembers that the Assembly was in “recess under call” – meaning they are still in session, and can be called back onto the floor at any time.  Members unless granted special permission, have to remain in the State Capitol building because the Assembly is still in session.  They are still in recess. 

 

The Assembly earlier passed several budget related bills – called “trailer bills” that made necessary changes in existing state law to implement the budget reductions and changes in both the main budget bill for 2009-2010 and the bill that makes mid-year budget cuts for 2008-2009. 

 

It is not certain what the State Senate and Assembly will do now, but the stalemate means that California is at the very edge of slipping into the worst financial disaster scenario that State officials  – including Governor Schwarznegger and State Controller John Chiang and Legislative leaders – feared. 

 

Senate Democrats Need 2 Republican Votes

State Sen. Dave Cox (Republican – Fair Oaks) was seen by many as a “yes” vote but ended up voting against the budget bill in the initial roll call, while another likely “yes” vote, Sen. Roy Ashburn (Republican – Bakersfield) abstained.  Only Senate Republican Leader Dave Cogdill (Republican – Fresno ) voted for the budget, along with all 24 Senate Democrats. 

 

In the 40 member State Senate, 27 votes are needed to pass a budget bill (or 2/3rds members).  The Senate Democrats were faced with a greater burden to secure Republican votes because of the vacancy of a Democratic seat caused by the resignation earlier by Sen. Mark Ridley-Thomas, who now sits on the Los Angeles County Board of Supervisors.  His resignation meant that Democrats in the Senate needed 3 Republican votes rather than just 2. 

 

In the 80 member Assembly, 54 votes are needed to pass a budget – and the budget bill passed there earlier received 59.  Democrats control 51 seats, while Republicans hold 29 seats. 

 

SUMMARY OF BUDGET AS PASSED BY ASSEMBLY

Meanwhile, details of the major cuts impacting a wide range of health and human services, education, transportation, emerged as budget related (“trailer bills”) were passed, before the main budget bill. 

 

While the State Budget for 2009-2010 and the bill that would make mid-year cuts to the current (2008-2009) State budget year passed the Assembly, both bills still need approval in the State Senate, where it remains, as of early Sunday morning, stalled.  It is not certain as of Sunday morning what will happen next. 

 

However many of the cuts – while not taking effect unless the main budget bill and mid-year cut bills are passed also by the State Senate – shows where the Democrats and Republicans in the Legislature were willing to agree on spending reductions, 

Most of these cuts will show up in any future budget agreement, should the budget deal put together this weekend falls short. 

CDCAN Note: due to space, see separate CDCAN Report later this morning for budget issues impacting transportation, education, and also revenues. 

 

DEVELOPMENTAL SERVICES

Includes the 21 non-profit regional centers who coordinate the funding – under the Department of Developmental Services – of services and supports provided by community-based organizations and individuals for over 230,000 children and adults with developmental disabilities.  In addition, the Department of Developmental Services owns and operates 5 developmental centers (formerly known as state hospitals) and 2 smaller health facilities.  One developmental center, Agnews in San Jose , has been slated for closure last year – with final closure expected sometime early this year.

 

REGIONAL CENTER PROVIDER PAYMENTS

Reduction of  3%, proposed by the Governor, of certain regional center provider payments for services delivered from February 1, 2009 to June 30, 2010.

2008-2009 State Budget Year: Cut of $40.4 million ($24.1 million of that State general fund money)

2009-2010 State Budget Year: Cut of $100.8 million ($60.2 million of that State general fund money)

CDCAN Note: budget related (“trailer bill”) language contains the necessary changes in existing state law to make these reductions.  It is not certain how this reduction can be made retroactively – since the Director of the Department of Developmental Services had previously said publicly that this particular cut would be made prospectively.  This reduction was previously announced in December by the Governor and was part of the December 18th budget compromise passed by Legislative Democrats (but was vetoed by the Governor on January 6th)

 

REGIONAL CENTER GROWTH & POSSIBLE ADDITIONAL PROVIDER PAYMENT CUT

* Reduction of $100 million (all State general funds) instead of the Governor’s January proposal calling for a reduction of $334 million (State general funds) that was money needed to fund the growth in caseload and use of services in the 2009-2010 State Budget year. 

* Budget related (“trailer bill”) language would require that the Department of Developmental Services conduct a stakeholder process to receive input on how to achieve this savings (reduction) while maintaining the integrity of the Lanterman Developmental Disabilities Services Act and maintaining access to high quality services. 

* The budget related language also contains a new proposal – a “trigger” to impose automatically an additional 7.1% reduction in payments to regional center providers, effective September 1, 2009,  on top of the 3% that would already be in effect, if the stakeholder process does not achieve success. 

2008-2009 State Budget Year:  does not effect this year

2009-2010 State Budget Year:” $100 million (State general funds only)

CDCAN Note: The reduction in the 2009-2010 does not include the loss of any federal matching funds.  That loss – depending on how the cuts are applied – could easily raise the total cut to the regional center system by another $50 to $75 million or even more.

The cut would come, as mentioned, either through the reductions coming from stakeholder process or from the additional 7.1% cut to payments to providers (effective September 1, 2009)/.  It is not certain what standards are used to measure “success” in terms of the stakeholder process.

It also does not take into account the impact of the passage of any change in the State Constitution implementing a spending limit or cap. 

Also not mentioned – and a potential major crisis on top of this reduction to growth or additional reduction to provider payments is the growing funding shortfall that regional centers as a whole are experiencing that could surpass over $120 to 150 million.

 

REGIONAL CENTER OPERATIONS

* Reduction of Regional Center Operations by $6.6 million in the 2008-09 State Budget year  and $17.4 million  in the 2009-2010 State budget year by suspending several administrative and case management requirements in existing State law.

* Would go into effect from February 1, 2009 to June 30, 2010.

* Budget related (“trailer bill”) language will make the necessary changes in existing state law. 

2008-2009 State Budget Year: Cut of $6.6 million ($4.6 million State general funds)

2009-2010 State Budget Year: Cut of  $17.4 million ($12.2 million State general funds)

CDCAN Note: Not certain how this reduction can go into effect retroactively. 

 

REGIONAL CENTERS – EARLY START PROGRAM

* Budget agreement assumes voter approval of amendments to the California Children and Families Act of 1998 which would provide $265 million (Proposition 10 Health and

Human Services Fund) to be instead, spent for the Early Start Program, which provides supports and services for  infants who are high risk up to the age of three, instead of using Stateo general fund money.

* Budget related (“trailer bill”) language would make the necessary changes to existing State law for this proposal to be placed on a statewide special election ballot for voter approval (if budget is passed in February, the special election will be May 19, 2009)

2008-2009 State Budget Year:  does not effect this year

2009-2010 State Budget Year: $265 million shifted to Early Start from Proposition 10 funds

CDCAN Note: This is a funding shift that requires approval from voters. 

 

SSI/SSP (SUPPLEMENTAL SECURITY INCOME/STATE SUPPLEMENTAL PAYMENT)

CASH ASSISTANCE PROGRAM FOR IMMIGRANTS

 

SSI/SSP – FEDERAL COST OF LIVING

Suspends (cuts) the pass through of the federal cost of living adjustment (COLA) for the SSI part of the SSI/SSP grant, that went into effect January 1, 2009, for the SSI portion of the SSI/SSP grant by rolling back the grant level to what it is was as of December 1, 2008.   

2008-2009 State Budget Year: Cut of $79.8 million (State general funds)

2009-2010 State Budget Year: Cut of $487.3 million (State general funds)

CDCAN Note: The State Senate says the pass through of the federal cost of living adjustment is effective May 1, 2009, which is not correct – and omits the January 1, 2009 cost of living adjustment (which would have to be rescinded if the grant levels were rolled back to what it was on December 1, 2008).  What is not clear is how this would be done retroactively and if that is even possible or legal to do.   This cut is not part of the “trigger cuts” – cuts that would not happen if enough funds come to California from the federal economic stimulus bill comes/.

 

SSI/SSP – STATE COST OF LIVING

Suspends (cuts), as proposed by the Governor, the state cost of living adjustment (COLA) due June 1, 2010. 

2008-2009 State Budget Year:  does not effect this year

2009-2010 State Budget Year: Cut of $27 million (State general funds)

2010-2011 State Budget Year: Cut of $323.9 million (State general funds)

CDCAN Note:  There is a reduction resulting from suspension (cut) of the State cost of living that was due in 2008, that impacts the current State budget year.  This cut is not part of the “trigger cuts” – cuts that would not happen if enough funds come to California from the federal economic stimulus bill comes/.

 

SSI/SSP – ROLL BACK SSP GRANT LEVEL

* Unless notified by  the Director of Finance to the Joint Legislative Budget Committee that California received sufficient federal funds from the economic stimulus bill, the SSI/SSP grant level in effect on December 1, 2008, would be reduced by 2.3% (this specific cut will not happen if enough federal money comes)

* This rollback in grant levels would reduce the monthly grant for individuals by $20 and the monthly grant for couples by $35 each month.

* Exempt from this reduction are pweaona living in State Supplemental Program (SSP) living arrangements for Non-Medical Out-of-Home Care and Title XIX medical facilities, and also  those persons receiving a Restaurant Meal Allowance.

2008-2009 State Budget Year:  does not effect this year

2009-2010 State Budget Year:  Cut of $267.8 million (State general funds)

CDCAN Note: This reduction is part of the “trigger cuts” that will NOT happen if enough funds come to California from the economic stimulus bill, which nearly everyone believes it will. 

 

SSI/SSP – ROLLBACK OF GRANTS TO FEDERAL MINIMUM

Budget agreement REJECTED the Governor’s proposal in January to rollback SSI/SSP grant levels to the minimum allowed by the federal government.

 

CASH ASSISTANCE PROGRAM FOR IMMIGRANTS (CAPI)

This program provides state funded grants (at the same level of the State Supplemental Payment  or SSP) to persons with disabilities, the blind and low income seniors who are legal immigrants but do not qualify for the federal SSI program.  

Budget agreement REJECTED the Governor’s proposal to eliminate this program

 

IN-HOME SUPPORTIVE SERVICES

 

IN-HOME SUPPORTIVE SERVICES (IHSS) – JANUARY PROPOSALS BY GOVERNOR

Budget agreement REJECTED  the Governor’s proposals made in January to restrict non-medical services to only those person receiving IHSS with the highest level of need, to eliminate the state’s share of cost contribution for persons receiving IHSS with lower levels of need, and to limit state participation in the wages of IHSS workers to the state minimum wage.

CDCAN Note: The budget agreement replaced the Governor’s proposals with two proposals – with cuts that will NOT happen if sufficient funding comes to California from the federal economic stimulus bill.  Nearly everyone agrees that sufficient funding is coming. 

 

IN-HOME SUPPORTIVE SERVICES – SHARE OF COST

Unless notified by the Director of the Department of Finance to the Joint Legislative Budget Committee that California has received sufficient funding from the federal stimulus bill, would eliminate the state’s share of cost contribution to new IHSS recipients prospectively (not retroactively)  If notified of sufficient funding, this cut will NOT happen,

2008-2009 State Budget Year:  does not effect this year

2009-2010 State Budget Year:  Cut of $3.8  million (State funds only)

CDCAN Note: This reduction is part of the “trigger cuts” that will NOT happen if enough funds come to California from the economic stimulus bill, which nearly everyone believes it will.

 

IN-HOME SUPPORTIVE SERVICES – STATE FUNDING FOR WAGES

Unless notified by the Director of the Department of Finance to the Joint Legislative Budget Committee that California has received sufficient funding from the federal stimulus bill, would reduce state participation (funding) for the wages of IHSS workers to up to $9.50 per hour (down from the current $12.10 per hour) plus up to $0.60 per hour for individual health benefits. If notified of sufficient funding, this cut will NOT happen,

2008-2009 State Budget Year:  does not effect this year

2009-2010 State Budget Year: Cut of $74.2 million (State funds only)

CDCAN Note: This reduction is part of the “trigger cuts” that will NOT happen if enough funds come to California from the economic stimulus bill, which nearly everyone believes it will. 

 

MEDI-CAL

Over 1.6 million persons with disabilities, the blind and low income seniors receive Medi-Cal services in California .

 

MEDI-CAL – GOVERNOR’S JANUARY PROPOSALS

* Budget agreement REJECTED  the Governor’s entire proposal to eliminate over 500,000 people from receiving health care services within the Medi-Cal Program that included rolling back eligibility for working families eligible under the Medicaid 1931(b) program; rolling back eligibility for the Medi-Cal Aged, Blind and Disabled program; changing to a month-to-month eligibility for persons without citizenship documentation; and rolling back eligibility for legal immigrants and individuals permanently residing under the color of law (PRUCOL).

* This action would restore $485.1 million (State general funds) to the Medi-Cal program to continue eligibility in these areas.

* Budget agreement contains an “unspecified” reduction of $646.6 million ($323.3 million State general funds) as proposed by the Governor which is a continuation of a Governor’s veto of the Budget Act of 2007.  The  Governor contends that on average Medi-Cal spending have been more than $800 million (both state and federal funds) lower than the Medi-Cal Estimate package calculated by the Department of Health Care Services, and as a result an on-going adjustment is being made.

 

MEDI-CAL – OPTIONAL BENFITS

* Unless notified by the Director of the Department of Finance to the Joint Legislative Budget Committee that California has received sufficient funding from the federal stimulus bill, would cut $258.8 million for certain Medi-Cal Optional Benefits as proposed by the Governor, unless notification

* Budget related (“trailer bill”) language includes the necessary changes to existing state law for this reduction, including the “trigger” mechanism. Cut will NOT happen if sufficient funding comes from economic stimulus bill. 

2008-2009 State Budget Year:  does not effect this year

2009-2010 State Budget Year:  Cut of  of  $258.8 million ($129.4 million of that State general funds)

CDCAN Note: This reduction is part of the “trigger cuts” that will NOT happen if enough funds come to California from the economic stimulus bill, which nearly everyone believes it will. 

 

MEDI-CAL – PUBLIC HOSPITALS

* Unless notified by the Director of the Department of Finance to the Joint Legislative Budget Committee that California has received sufficient funding from the federal stimulus bill, would cut (shift to different other programs)  $54.2 million (federal funds), or 10% , from certain public hospitals and safety net care hospitals and use these funds to backfill for State general fund costs in the California Children Services Program, the Medically Indigent Adult-Long Term Care Program, and the Genetically Handicapped Persons Program as proposed by the Governor,

* Budget related (“trailer bill”) language includes the necessary changes to existing state law for this reduction, including the “trigger” mechanism.

CDCAN NOTE:  This reduction is part of the “trigger cuts” that will NOT happen if enough funds come to California from the economic stimulus bill, which nearly everyone believes it will. 

 

MEDI-CAL - OTHER

* Budget agreement eliminates the cost-of-doing-business paid to the counties for them to conduct Medi-Cal eligibility processing as an agent for the state. This proposal by the

Governor results in a reduction of $49.4 million ($24.7 million General Fund) in the 2009-2010 State Budget year. Budget related (“trailer bill”) language makes the necessary changes to existing State law to implement this change.

* Budget agreement does not contain any adjustments which may be necessary for implementation of the recently passed federal stimulus bill  regarding the Medicaid Program (Medi-

Cal Program in California ).

• Included funding necessary to implement AB 1183, Statutes of 2008, which requires the Department of Health Care Services to adjust Medi-Cal rates effective as of March 1, 2009, including  a Medi-Cal provider rate cut of 1% for fee-for-service providers, and a 5% reduction for Medi-Cal pharmacy and certain long term care providers. 

* Budget agreement  assumed continued implementation of Adult Day Health Care reforms as proposed by the Governor, including unbundling the rate into its component services, tightening

medical necessity criteria, performing post-payment reviews of participant charts, and changing reimbursement to a prospective cost-based methodology, for savings of $34 million ($17 million  of that State general funds).

* Budget agreement assumed the realigning of payment rates to reimburse Federally Qualified Health Centers and Rural Health Clinics with those used to reimburse Adult Day Health Centers as proposed by the Governor, pending discussion of changes to existing state law to happen at a later date/.

* Budget agreement includes an increase of $42.7 million ($21.4 million in State general funds)  for Federally Qualified Health Centers and Rural Health Clinics to reflect the Medicare Economic Index adjustment.

* Budget agreement assumed the implementation of a Maximum Allowable Ingredient Cost for Generic Drugs for savings of $2 million ($1 million of that State general fund money) as proposed by the Governor, pending discussion of any need changes to existing state laws at a later date.

* Agreement included an increase of $365.6 million (federal and state funds – all funds) to reflect a 5% increase for certain nursing homes (those reimbursed under the AB 1629 nursing home quality assurance program) effective as of August 1, 2009. This reflects the existing methodology, including the use of the Quality Assurance Fee to provide additional federal funds.

*  Budget agreement includes the deferral of Medi-Cal reimbursements (totaling $260 million)  made to Medi-Cal Managed Care organizations and entities that contract with the Department of Health Care Services in order to provide assistance with the state’s cash management as proposed by the Governor and as contained in the Omnibus General Government trailer bill.

* Continues, in the budget agreement, the authority of the Department of Health Care Services  to delay up to two Fee-for-Service Medi-Cal Program checkwrites, if necessary, to manage the state’s cash flow.

• Deletes, in the budget agreement,  a total of $331,000 ($166,000 of that State general funds) and 3 positions for the Department of Health Care Services to monitor the Mental Health Managed Care Specialty Waiver.

CDCAN NOTE: the 10% Medi-Cal rate reduction that went into effect July 1, 2008 for most Medi-Cal providers, as part of the emergency budget legislation passed in February 2008, in ABx3 5, was blocked by a federal court judge for most providers in August 2008, and for others in November 2008.  The State has appealed that order, which still is in effect and the subject of a hearing before the US 9th Circuit Court of Appeals on February 18.  The 10% reduction goes out of effect due to AB 1183 however, at the end of February.  A lawsuit was also filed to block the March 1, 2009 new Medi-Cal provider rate cuts. 

 

MENTAL HEALTH

 

MENTAL HEALTH SERVICES ACT FUNDS

* Budget agreement assumes  voter approval of changes (amendments) to the Mental Health Services Act of 2004 for the shifting of $226.7 million in funding to the EPSDT (Early and Periodic Screening, Diagnosis and Treatment) program, which would receive those mental health instead of State general fund money.

* Budget related (“trailer bill”) language makes the necessary changes in existing State law in order for this proposal to be placed on the next statewide election ballot for approval from the voters.

2008-2009 State Budget Year:  no fund shift or reduction from this proposal

2009-2010 State Budget Year:  Cut (shift) of $226.7 million (to EPSDT)

2010-2011 State Budget Year:  Cut  (shift) up to $334 million (to EPSDT)

CDCAN NOTE: If voters reject this proposal, this fund shift (or cut) would not take place.  Special election currently is targeted for May 19, 2009. 

 

MENTAL HEALTH – OTHER

* Budget agreement included $226.7 million (in State general funds) for the Mental Health Managed Care Program in the 2009-2010 State Budget year.

* Budget agreement reduced  by $17 million (State general fund)s the amount provided for capital outlay projects for the State Hospitals.

 

HEALTH – OTHER HEALTH CARE PROGRAMS

HEALTH FAMILIES

Included  funding as proposed by Governor, for the Healthy Families Program but  does not reflect the federal State Children’s Health Insurance Program (SCHIP)

reauthorization recently signed by President Obama. 

GENETICALLY HANDICAPPED PERSONS PROGRAM (GHPP)

* Budget agreement assumes a savings of $1.4 million (State general funds) by increasing enrollment fees to: 1.5%  of  Adjusted Gross Income for families with incomes greater than 200% but not more than 300% of the federal poverty level; and 3% of Adjusted Gross Income for families with incomes greater than 300% of the federal poverty level. This reduction is waiting for discussion of needed changes in existing state law to occur later.

* Assumes savings of $600,000 (State general funds) in this program through the state’s assistance in coordinating enrollment of persons who are eligible into commercial insurance product lines and fund their premium payments, pending discussion of the needed changes in existing state law, to occur later.

 

CalWORKS

California ’s “welfare to work” program impacts thousands of children and parents with special needs and disabilities.  The program is officially known as the “California Work Opportunity and Responsibility to Kids” or “CalWORKS”.

 

CalWORKS – GOVERNOR’S JANUARY PROPOSALS

* Budget agreement REJECTED  the Governor’s January  proposals to modify the Safety Net Program, impose a 60-month time limit on assistance for certain child-only

cases, implement a six-month self-sufficiency review requirement, and reduce grants by 10%.

* Budget agreement REJECTED  the Governor’s proposed shift of $216.9 million in federal funds from CalWORKs to the Department of Developmental Services and the

California Student Aid Commission.

 

CalWORKS – COST OF LIVING

Suspends (cuts) the July 2009 CalWORKs  cost of living adjustment (COLA)  as proposed by the Governor,

2008-2009 State Budget Year:  does not effect this year

2009-2010 State Budget Year:  Cut of $79.1 million (State general funds)

 

CalWORKS – PAY FOR PERFORMANCE COUNTY INCENTIVE PROGRAM

Suspends (cuts) this program as proposed by the Govenror.

2008-2009 State Budget Year:  does not effect this year

2009-2010 State Budget Year: Cut of  $40 million (State general funds)

 

CalWORKS – LA COUNTY AUTOMATED BENEFIT  SYSTEM

Delays by six months the replacement of Los Angeles County ’s automated benefit and eligibility determination system, as proposed by the Governor,

2008-2009 State Budget Year: does not effect this year

2009-2010 State Budget Year: Savings of  $14.6 million (State general funds)

 

CalWORKS – GRANT LEVEL

Unless notified by the Director of the Department of Finance to the Joint Legislative Budget Committee that California has received sufficient funding from the federal stimulus bill, would reduce CalWORKs grants by 4%., For a family of 3, this cut will result in a loss of $29 per month, reducing the grant from $723 to $694,

2008-2009 State Budget Year:  does not effect this year

2009-2010 State Budget Year: Savings of  $146.9 million (State general funds)

CDCAN Note: This reduction is part of the “trigger cuts” that will NOT happen if enough funds come to California from the economic stimulus bill, which nearly everyone believes it will.

 

 

Photo of People Protesting At Rally at State Capitol December 2003 organized by CDCAN - Over 4,500 People showed up

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ACTION ALERT – PROTESTS NEXT WEEK:

February 18th in San Francisco

February 19th in Sacramento

And more to come!

Decisions are made by those who show up – and also are made by others when people don’t.  Show up – whether in San Francisco on the 18th or in Sacramento on the 19th or by taking action in your own communities or coming to the State Capitol. 

Be angry, be outraged, but also be hopeful that we can do something. We can fight back, we can say “no” to more cuts and say “yes” that the State keep its promise to our communities across California  

 

Photo of Protestors, including Anna Wang a parent of a child with disabilities, outside Capitol on January 15, 2009 (Photo by our friend, Stephen Dale)FEBRUARY 18, 2009 (WEDNESDAY)

09:00 AM to 11:00 AM

WHERE: SAN FRANCISCO

US 9th Circuit Court of Appeals Courthouse

95 Seventh Street in San Francisco [sidewalk]

Sidewalk Protest Against Medi-Cal and Other Cuts That Harm People with Disabilities, Mental Health Needs, Seniors

  • The court will be hearing that day at 10 AM lawsuits dealing with blocking the State from implementing Medi-Cal rate reductions for most providers that went into effect July 1, 2008 (most of those cuts have been stopped by the lawsuit – this hearing – among other things - is to consider an appeal from the State to overturn that ruling that stopped the cuts from taking place).  Please Note: please be respectful to the people going into the courthouse – including the judges. 
  • But the protest will also be about OTHER cuts that impact our communities – including those to regional centers, SSI/SSP, senior programs, CalWORKS, mental health services,  and other proposed cuts that could happen to In-Home Supportive Services and Medi-Cal optional benefits, and more.  This is about lives that matter – and about rights and promises that must be kept. 
  • REMEMBERING JOAN LEE AND DONALD ROBERTS – AND OTHER LIVES THAT MATTER  - Like the demonstration on February 19th in Sacramento, this protest is being held in memory of our friends Joan Lee, Sacramento Gray Panther (passed away last August)  and Donald Roberts, disability advocate and People First Member (passed away January 11). Also – remembering Maggie Dee Dowling – who is having some health problems, and can’t be at the court hearing or demonstration – but WILL be with us in her strong spirit and will be checking out the evening news!  
  • DIRECTIONS AND SOME LOGISTICS: peaceful protest will happen outside on the sidewalk area in front of the courthouse entrance between Mission Street and Stevenson Steet (Market is the next major street that crosses 7th.  The nearest BART Station is Civic Center- but elevator will not be in service until May. Nearest BART Station with working elevator is Powell Street Station (a few blocks further away – but still within walking distance).  I checked out the stations and the protest site (it is free of construction barriers, etc) on February 6th
  • WHAT TO BRING: signs, pictures of loved ones impacted – dress warmly and bring umbrella (just in case) or other protection from the rain.  If you have protection against bad budget cuts – bring that too.
  • WHO SHOULD COME:  People with disabilities, mental health needs, seniors and their families, low income children and their families, community organizations, facilities, workers who provide supports and services and advocacy.   Join Gray Panthers, CDCAN, People First, ADAPT, other senior and disability advocacy groups and organizations in this action. 

 

Photo of protestors - family members, people with disabilities, outside on the sidewalk in front of the State Capitol, January 15, 2009 (Photo by our friend, Stephen Dale)FEBRUARY 19, 2009 (THURSDAY)

11:30 AM to 1:00 PM

WHERE: SACRAMENTO

Department of Health Care Services building

1501 Capitol Avenue (crosses 15th Street – near Capitol)

Sidewalk Demonstration for Rights of People with Disabilities, Mental Health Needs, Seniors and against Budget Cuts (including Major Cuts to Regional Centers, SSI/SSP) that Harm Our Communities

  • Inside the building, at 1 PM will be the first of at least two public forums by the Department of Developmental Services, in the East End Complex Auditorium to receive public input on the issue of regional center funding – including controlling costs  
  • By the time of this meeting, a budget agreement would have likely been passed that will include major new cuts to regional centers that fund (to community organizations and other vendors) a wide range of community-based supports and services to over 230,000 children and adults with developmental disabilities – including those with down syndrome, autism spectrum disorders and other disabilities.  In addition, many also receive In-Home Supportive Services, adult or senior services, Medi-Cal, SSI/SSP, mental health services, accessible transportation and housing services.   This is about lives that matter – and about rights and promises that must be kept. 
  • ALSO ATTEND PUBLIC FORUM BY DEPT OF DEVELOPMENTAL SERVICES AT 1 PM INSIDE - We want people to come to the demonstration outside – but also come inside to voice your concerns and give your input to the Department of Developmental Services.  Please note: please be respectful during the meeting – one can be strong and angry without being rude and disrespectful.  Self determination and one’s rights means respect for others.  Not just ourselves.  The director of the Department of Developmental Services, Terri Delgadillo and her staff deserve that respect – and also, have earned it, in their positions with the state, as advocates for our communities. We may like the proposals – but we can respect each other and still fight hard for what we believe in. 
  • This sidewalk protest is for the rights of all children and adults with disabilities, mental health needs, seniors, low income children – their families – community organizations and workers who provide supports, services and advocacy outside on the sidewalk in front of the Department of Health Care Services – the agency that oversees Medi-Cal, and where the public forum for the Department of Developmental Services is being held.  .
  • Photo of Anna Wang, parent and advocate, at January 15, 2009 protest outside State Capitol organized by CDCAN (Photo by Stephen Dale)REMEMBERING LIVES THAT MATTER -  Like the protest in San Francisco on February 18, this demonstration is being held in memory of our friends Joan Lee, Sacramento Gray Panther (passed away last August)  and Donald Roberts, disability advocate and People First Member (passed away January 11).
  • Directions and Some Logistics: peaceful protest will happen outside on the sidewalk area in front of the Department of Health Care Services in Sacramento – I will provide more details on directions and logistics on Monday (February 16)
  • WHAT TO BRING: signs, pictures of loved ones impacted – dress warmly and bring umbrella (just in case) or other protection from the rain.  If you have protection against bad budget cuts – bring that too.
  • WHO SHOULD COME:  Everyone – we are one community fighting for our rights – and against cuts that harm any of us.  People with disabilities, mental health needs, seniors and their families, low income children and their families, community organizations, facilities, workers who provide supports and services and advocacy.   Join people with disabilities, families, workers,, CDCAN, People First, ADAPT, other senior and disability advocacy groups and organizations in this action

Photo of Marty OmotoMARTY OMOTO
CALIFORNIA DISABILITY RIGHTS PERSPECTIVES
FEBRUARY 14, 2009 –  SATURDAY MORNING

To read other and previous commentaries, go to the CDCAN website at: www.cdcan.us

 EMAIL REPLY TO THIS COMMENTARY:  martyomoto@rcip.com

 

  AFRICAN PROVERB: WHEN YOU PRAY, MOVE YOUR FEET

MOVE YOUR FEET AND CALL SENATOR LOU CORREA – LET HIM KNOW THAT RAISING REVENUES TO MEET AN EXTRAORDINARY CRISIS IS KEEPING HIS WORD AND ONE THAT WE SUPPORT

 

SACRAMENTO [Updated 02/14/09   09:45 AM]  -  This Saturday morning and this afternoon (February 14), please call State Senator Lou Correa’s office.  Both the state Senate and Assembly are planning to vote on a budget agreement later this afternoon – probably just after 5 PM today, that includes raising new revenues and also includes major new cuts. 

 

I do not support  more cuts in the proposed budget agreement that impact people with disabilities, mental health needs, seniors, low income families, community organizations, and workers who provide supports and services and who have been the target of cuts and reductions every year since late 2001.  It is not as if we have not been cut before – we have, every year.  We are saying no more. 

 

But that isn’t the message for Senator Correa, who is a good and decent man, that I am suggesting we tell him this morning.

 

While I find the cuts in the agreement terrible – I also recognize – as many others do – that any budget solution now, given the crisis we face – needs to include new revenues and raising some taxes.  But there are those who believe – and many for good intentions – that a pledge against doing just that, is one that cannot be broken or changed. 

 

So this commentary and action alert is about the issue of revenues – and the need also to raise it.  More importantly, it is really about fairness. 

 

The state budget over the years has never been truly balanced – a position that many Republicans and Democrats have taken, though they often are referring narrowly to the State general fund dollars and what comes in and what goes out.  But balance also means priorities, values and fairness.  And the budgets in the past several years have not been balanced at all when one takes that into account. 

 

Cuts have happened since late 2001 to a wide range of health and human services and again are proposed for 2009-2010 

 

But revenues, including raising taxes, as bad that might be, has never been part of any budget that has been enacted in all those same years.  In fact, some taxes and fees – most notably the vehicle license fee – were actually rolled back and reduced. 

In all those years – when cuts happened, and when even some revenues were reduced or roll backed, California has had some good economic years, and some bad.  So cuts have happened no matter what.  New revenues however – in raising taxes when needed – have not.  Somehow, no matter what party affiliation, that cannot be fair or right.  It is simply taking a position no matter what crisis or reality demands that it be changed. 

 

That position and approach is not a balanced budget – it is a skewed budget that recognizes only one promise, only one priority, while forgetting all the others.  It is not fair, no matter what one’s position on taxes may be or party affiliation.  It is simply wrong.

Fairness is about how one acts or not acts in a time of crisis.  It is not about a campaign pledge or party affiliation or a promise that is above all others.  It is how one responds when a response to a crisis is needed.   And California has many promises it needs to keep – not just one. 

 

This is not a “bleeding heart” liberal position or a “tax and spend” platform.  It is – and always was – about fairness.  If any heart should bleed – whether a conservative, moderate, liberal or progressive, it is that California somehow forgets that fairness isn’t about a position on taxes or not – it is how one responds in a time of crisis. 

 

Senator Correa ran for the State Senate in part, on a position that included no tax increases.  I understand completely the importance of that position and understand his reluctance to move from it. 

Senator Correa has been very supportive on a wide range of issues critical to children and adults with disabilities, with mental health needs, and seniors – including children and adults and their families, with autism spectrum disorders.  He is a good and decent man. 

 

But the extraordinary crisis that our nation and state is facing – a crisis that will continue over the next several years – means that our Legislature and other state leaders – including Senator Correa – can move from that position regarding taxes and revenues to one that meets a growing crisis that was not there last year.  It is here now. 

 

This is a terrible time for California and for our nation.  It is particularly hard and difficult for our communities that desperately need the health and human services that are also a priority.  

 

Moving to a position of new revenues and of increasing taxes is keeping one’s promise and pledge to California and to the people one represents.

That is not going back on one’s word.  It is responding to an extraordinary crisis.

 

ADVOCACY IN ACTION: WHEN YOU PRAY – MOVE YOUR FEET

WHAT TO DO:

  1. Call Senator Lou Correa’s district office and State Capitol Office (his district office may be closed).  He represents the State Senate 34th District which includes Senate District 34 includes the cities of Anaheim , Buena Park , Fullerton , Garden Grove , Santa Ana , Stanton and Westminster .  Even if you are outside his district, please call.  Feel free to call your own senator and assemblymember too – but be SURE to contact Senator Correa’s offices.
  2. Capitol Office Phone: (916) 651-4034     District Office Phone:  (714) 558-4400
  3. Message to Senator Correa (please be very respectful to his staff answering the phone – again, Senator Correa has been very supportive in his past work for our communities, including low income families):  Let Senator Correa know that people with disabilities, mental health needs, seniors, their families, low income children and families, community organizations, facilities, and other workers who provide supports and services, strongly support increasing revenues including taxes that will help solve the budget shortfall, so that any solution is not based only on spending cuts and other reductions

 

Photo of Marty OmotoMARTY OMOTO
CALIFORNIA DISABILITY RIGHTS PERSPECTIVES
FEBRUARY 14, 2009 –  SATURDAY MORNING

To read other and previous commentaries, go to the CDCAN website at: www.cdcan.us

 EMAIL REPLY TO THIS COMMENTARY:  martyomoto@rcip.com

 

 

AFRICAN PROVERB: WHEN YOU PRAY, MOVE YOUR FEET

MOVE YOUR FEET AND CALL SENATOR LOU CORREA – LET HIM KNOW THAT RAISING REVENUES TO MEET AN EXTRAORDINARY CRISIS IS KEEPING HIS WORD AND ONE THAT WE SUPPORT

 

SACRAMENTO [Updated 02/14/09   09:45 AM]  -  This Saturday morning and this afternoon (February 14), please call State Senator Lou Correa’s office.  Both the state Senate and Assembly are planning to vote on a budget agreement later this afternoon – probably just after 5 PM today, that includes raising new revenues and also includes major new cuts. 

 

I do not support  more cuts in the proposed budget agreement that impact people with disabilities, mental health needs, seniors, low income families, community organizations, and workers who provide supports and services and who have been the target of cuts and reductions every year since late 2001.  It is not as if we have not been cut before – we have, every year.  We are saying no more. 

 

But that isn’t the message for Senator Correa, who is a good and decent man, that I am suggesting we tell him this morning.

 

While I find the cuts in the agreement terrible – I also recognize – as many others do – that any budget solution now, given the crisis we face – needs to include new revenues and raising some taxes.  But there are those who believe – and many for good intentions – that a pledge against doing just that, is one that cannot be broken or changed. 

 

So this commentary and action alert is about the issue of revenues – and the need also to raise it.  More importantly, it is really about fairness. 

 

The state budget over the years has never been truly balanced – a position that many Republicans and Democrats have taken, though they often are referring narrowly to the State general fund dollars and what comes in and what goes out.  But balance also means priorities, values and fairness.  And the budgets in the past several years have not been balanced at all when one takes that into account. 

 

Cuts have happened since late 2001 to a wide range of health and human services and again are proposed for 2009-2010 

 

But revenues, including raising taxes, as bad that might be, has never been part of any budget that has been enacted in all those same years.  In fact, some taxes and fees – most notably the vehicle license fee – were actually rolled back and reduced. 

In all those years – when cuts happened, and when even some revenues were reduced or roll backed, California has had some good economic years, and some bad.  So cuts have happened no matter what.  New revenues however – in raising taxes when needed – have not.  Somehow, no matter what party affiliation, that cannot be fair or right.  It is simply taking a position no matter what crisis or reality demands that it be changed. 

 

That position and approach is not a balanced budget – it is a skewed budget that recognizes only one promise, only one priority, while forgetting all the others.  It is not fair, no matter what one’s position on taxes may be or party affiliation.  It is simply wrong.

Fairness is about how one acts or not acts in a time of crisis.  It is not about a campaign pledge or party affiliation or a promise that is above all others.  It is how one responds when a response to a crisis is needed.   And California has many promises it needs to keep – not just one. 

 

This is not a “bleeding heart” liberal position or a “tax and spend” platform.  It is – and always was – about fairness.  If any heart should bleed – whether a conservative, moderate, liberal or progressive, it is that California somehow forgets that fairness isn’t about a position on taxes or not – it is how one responds in a time of crisis. 

 

Senator Correa ran for the State Senate in part, on a position that included no tax increases.  I understand completely the importance of that position and understand his reluctance to move from it. 

Senator Correa has been very supportive on a wide range of issues critical to children and adults with disabilities, with mental health needs, and seniors – including children and adults and their families, with autism spectrum disorders.  He is a good and decent man. 

 

But the extraordinary crisis that our nation and state is facing – a crisis that will continue over the next several years – means that our Legislature and other state leaders – including Senator Correa – can move from that position regarding taxes and revenues to one that meets a growing crisis that was not there last year.  It is here now. 

 

This is a terrible time for California and for our nation.  It is particularly hard and difficult for our communities that desperately need the health and human services that are also a priority.  

 

Moving to a position of new revenues and of increasing taxes is keeping one’s promise and pledge to California and to the people one represents.

That is not going back on one’s word.  It is responding to an extraordinary crisis.

 

ADVOCACY IN ACTION: WHEN YOU PRAY – MOVE YOUR FEET

WHAT TO DO:

  1. Call Senator Lou Correa’s district office and State Capitol Office (his district office may be closed).  He represents the State Senate 34th District which includes Senate District 34 includes the cities of Anaheim , Buena Park , Fullerton , Garden Grove , Santa Ana , Stanton and Westminster .  Even if you are outside his district, please call.  Feel free to call your own senator and assemblymember too – but be SURE to contact Senator Correa’s offices.
  2. Capitol Office Phone: (916) 651-4034     District Office Phone:  (714) 558-4400
  3. Message to Senator Correa (please be very respectful to his staff answering the phone – again, Senator Correa has been very supportive in his past work for our communities, including low income families):  Let Senator Correa know that people with disabilities, mental health needs, seniors, their families, low income children and families, community organizations, facilities, and other workers who provide supports and services, strongly support increasing revenues including taxes that will help solve the budget shortfall, so that any solution is not based only on spending cuts and other reductions.

BREAKING NEWS

US HOUSE PASSES $787 BILLION ECONOMIC STIMULUS BILL 246 to 183  – US SENATE WILL VOTE LATER TODAY

FUNDING IN FEDERAL  BILL IMPORTANT FOR CALIFORNIA IN PREVENTING CUTS TO IHSS, MEDI-CAL OPTIONAL BENEFITS, CERTAIN  CALWORKS AND SSI/SSP GRANT CUTS – WILL BOOST FEDERAL FUNDING FOR SPECIAL EDUCATION IN CALIFORNIA & OTHER STATES

 

WASHINGTON, DC (CDCAN) [Updated 02/13/09  11:22 AM]   -  The US House of Representatives, after sharp debate between Republicans and Democrats, gave final approval to President Obama’s $787 billion economic stimulus bill by a vote of  246 to 183, with 246 Democrats and no Republicans supporting it, and 176 Republicans and 7 Democrats opposing it. 

 

The US Senate, where approval is certain, will vote on the final version of HR 1, the “American Recovery and Reinvestment Act of 2009”, later this afternoon or early evening (east coast time).  The bill then will go to President Obama, who is expected to sign it on Monday (February 16). 

 

“What we need now is not fear, but confidence in our economy” said US House Speaker Nancy Pelosi (Democrat – California ) on the House floor before the vote was taken.  The House Speaker said that the bill creates “new jobs, new hope” for the American people and that it was a “remarkable achievement” for President Obama and Congress. 

 

Highest Level of Federal Funding Ever for Special Education

HR 1 includes $12 billion in new federal funding for special education, boosting federal funding to the states for that program to the highest level ever, according to the US Senate Appropriations Committee.

 

 In California , which will receive a large share of that funding, over 650,000 children with special needs and disabilities are in special education programs. 

 

HR 1 Includes Nearly $463 Billion In Spending - $326 Billion In Tax Relief and Credits

The bill, as passed by the US House (the same version that the US Senate will vote on later today) includes:

* Nearly $463 billion spending

* Nearly $326 billion in tax provisions (including tax cuts, credits)

 

Spending provisions in the bill include:

  • Public Housing – Nearly $10 billion total, including $2 billion for full year payments to owners receiving Section 8 project based rental assistance, $4 billion to public housing capital fund to help local public housing (housing authorities) to address a $32 billion backlog in their capital needs – including improving energy efficiency in public housing, etc.   Includes $1.5 billion for homeless prevention efforts, which will be sent to the states, cities and local governments using the emergency shelter grant formula.   
  • Environmental Protection (including clean water) projects - nearly $15 billion
  • Education – nearly $100 billion in new funding (does not include any funding for construction – but includes $12.2  billion for special education to improve outcomes for children with special needs. Also includes 15.6 billion to increase the maximum Pell Grants by $500, to help an estimated 7 million students in higher education. 
  • Health Care – nearly $20 billion to implement a uniform medical records technology ($17 billion for investments and incentives through Medicare and Medicaid to ensure adoption and use of “interoperable health information technology” and another $2 billion in discretionary funds)
  • Energy – more than $40 bllion for energy efficiency programs and new energy technologies, including $11 billion to upgrade the national electricity grid.
  • Food Stamps – increase of $20 billion for the federal food stamps program (the federal Supplemental Nutrition Assistance Program of “SNAP”) to increase benefit by 13.6%
  • Head Start – increase of $2.1 billion to expand federal funding for Head Start to allow an additional 124,000 children to participate in this program. 
  • Child Care Development Block Grant – increase of $2 billion to provide child care for additional 300,000 children from low income families
  • Transportation – includes $8.4 billion for investments in public transportation, $1.5 billion for competitive grants to state and local governments for transportation investments, $9.3 billion for investments in rail transportation including Amtrak, High Speed and intercity rail, $27.5 billion for highway investments. 
  • Community Development Block Grant - $1 billion increase to this program for community and economic development projects – including housing and related services.

 

Tax Provisions

On the tax side, the bill includes

  • Tax Credit – includes a two year $400 credit to working individuals and $800 to working couples, distributed through a payroll tax deduction or claimed as a lump sum for the 2009 and 2010 tax years.
  • Social Security -  Social Security  recipients would receive a one-time $250 payment
  • College students and home and car buyers would receive incentives, though the incentives for home and car buyers were drastically reduced in the final version of the bill
  • Alternative Minimum Tax -   $70 billion to fix the alternative minimum tax that, originally intended for upper income taxpayers, would, if not changed, would begin to mean higher taxes for middle class families/

 

The passage of the federal economic stimulus bill will have major impact to the budget crisis in California and other states.  In California, the federal stimulus bill – depending on the actual level of funding that comes specifically to the state will mean that major cuts to In-Home Supportive Services, some (but not all) grant level cuts to SSI/SSP and CalWORKS and elimination of the Medi-Cal optional benefits.   Cuts that are tied to the funding that comes from the economic stimulus bill are called “trigger cuts”. 

 

CUTS THAT WILL NOT HAPPEN IF ENOUGH FUNDING COMES FROM FEDERAL ECONOMIC STIMULUS BILL (“TRIGGER CUTS”)

CDCAN Note: these are spending cuts that will not happen if a sufficient level of federal economic stimulus money comes to California .  There are no “trigger cuts” that would take effect during the current budget year.  The total “trigger cuts” for the 2009-2010 State Budget year that begins July 1, 2009 amounts to $947.7 million in state general funds.

 

CALWORKS - 4% GRANT REDUCTION

This is the state’s “welfare to work” program that impacts several thousands of children and parents with special needs and disabilities

2008-2009 Budget Year: none

2009-2010 Budget Year: $146 million (state funds only - cut will not happen if sufficient funding comes from federal economic stimulus bill)

 

IN-HOME SUPPORTIVE SERVICES (IHSS)

Cap state participation of IHSS worker wages at $9.50 per hour plus up to 60 cents for benefits and implementation of (prospective) share of cost proposal

2008-2009 Budget Year: none

2009-2010 Budget Year: $78 million (state funds only- cut will not happen if sufficient funding comes from federal economic stimulus bill)

 

MEDI-CAL

Elimination of several Medi-Cal optional benefits including adult dental, podiatry and 9 other benefits that the federal Medicaid program does not require the states to provide, and also a cut of 10% Medi-Cal reimbursement rates for public hospitals

2008-2009 Budget Year: None

2009-2010 Budget Year:  $183.6 million (state funds only - cut will not happen if sufficient funding comes from federal economic stimulus bill)

 

SSI/SSP

Reduce grants by 2.3% (cut of about $20 for individuals and $35 for married couples)

2008-2009 Budget Year: None

2009-2010 Budget Year: $267 million (state funds only - cut will not happen if sufficient funding comes from federal economic stimulus bill)

 

California Budget Crisis

* BUDGET AGREEMENT NEAR

* SOME NEW DETAILS EMERGING

* MAJOR CUTS TO REGIONAL CENTERS

* CUTS TO SSI/SSP, CALWORKS

OTHER CUTS – TO IHSS, MEDI-CAL OPTIONAL BENEFITS,  OTHER CALWORKS AND SSI/SSP CUTS WILL NOT HAPPEN IF SUFFICIENT FUNDING COMES FROM FEDERAL ECONOMIC STIMULUS BILL

 

SACRAMENTO  (CDCAN) [Updated 02/12/09  5:20 PM]   -  The budget agreement still being finalized by the Governor and four legislative leaders (Senate President Pro Tem Darrell Steinberg, Assembly Speaker Karen Bass, Senate Republican Leader Dave Cogdill and Assembly Republican Leader Mike Villines) contains major new cuts to regional centers, including an additional 7.1% cut to provider payments and rolling back grant levels for people receiving SSI/SSP (Supplemental Security Income/State Supplemental Payments to lowest income people with disabilities, the blind and seniors) to December 2008 and suspending the cost of living due to them in June 2010. 

 

The additional 7.1% cut to regional center provider payments would take effect during the 2009-2010 State Budget year that begins July 1, 2009 and would be in addition to the 3% cut that the agreement would have in place during the current budget year.  That would mean by the 2009-2010, the cut to regional center providers would total 10.1%.   No information was available on what providers – if any – would be exempt from the additional reduction (certain regional center providers – including supported employment providers who received a reduction last September – were exempt from the 3% cut).

 

The situation is still fluid, because the agreement is not yet finalized by the Governor and four leaders or approved by the Legislature, some details could change – or could even get totally derailed.  But the budget deal, as outlined below, is inching closer and closer to agreement by the Governor and Legislature.

 

Cuts Total $6.677 Billion For Current Year – Another $7.371 for 2009-2010

The agreement, with cuts that total over $6.767 billion (state funds only) for the 2008-2009 State Budget year and another $7.371 billion (state funds ooly) for the 2009-2010 State Budget year that begins July 1, 2009, also contains cuts to CalWORKS, the state’s “welfare to work” program that includes thousands of children and parents with special needs and disabilities.   Not listed for reduction or elimination is the Cash Assistance Program for Immigrants (CAPI) which provides small grants (at the level of the State Supplemental Payment grants) for people with disabilities, the blind and seniors who are legal immigrants but who do not qualify for the federal SSI program.    Those amounts do not include the $947.7 million of cuts that would take effect during the 2009-2010 – called “trigger cuts” if not enough funding came to California from the federal economic stimulus bill that Congress is expected to pass – and the President expected to sign – by early next week. 

 

The State budget agreement also contains cuts – called fund shifts – of funding under Proposition 63, the Mental Health Services Act, and also Proposition 10. 

 

Also included are major cuts to In-Home Supportive Services, more cuts to SSI/SSP and CalWORKS and Medi-Cal that will not happen if there is sufficient level of funding that comes to California from the federal economic stimulus bill, which is waiting for final approval in Congress.  Passage of that bill and approval by President Obama is expected by early next week.

Cuts that are tied to the funding that comes from the economic stimulus bill are called “trigger cuts”. 

 

Cuts to regional centers, and other cuts impacting SSI/SSP and CalWORKS are not included in the “trigger cuts” 

 

Also reportedly part of the agreement, though no details are available, is a proposal to change the State Constitution to limit or cap spending – a proposal that must go to the voters sometime this year in a special election that the Governor will call.

 

Budget Agreement Would Close Two Year Deficit of Over $41 Billion

The budget agreement still being finalized would close the projected budget deficit of over $41 billion (by the end of the 2009-2010 State Budget year) with spending reductions of over $15.8 billion ($948 million of that total are “trigger cuts” that will not happen if there is sufficient funding that comes from the federal economic stimulus bill), revenue increases, including tax increases of over $14.3 billion, and borrowing (including from the State Lottery, which will require voter approval) totaling $10.9 billion.

 

The budget agreement still requires final sign-off of the Governor and the four legislative leaders, and then approval by the State Senate and Assembly.   The State Senate has a floor session scheduled for Friday (February 13) though it is not certain if they will vote on the budget then.  The Assembly meanwhile has scheduled a floor session on Saturday, February 14, to vote on the budget

 

More details on revnues will be reported in a later CDCAN Report today.

 

SPENDING CUTS – NOT TIED TO FEDERAL ECONOMIC STIMULUS BILL

CDCAN Note: These are cuts (and shifting of funds where noted)  that included in the  budget agreement being finalized. These are cuts that are not tied to funding that could come from the federal economic stimulus bill.  It means these cuts will likely happen no matter what funding comes from that federal bill – as opposed to several major potential cuts that are included in the agreement, (called “trigger cuts”) but will not happen if sufficient funding comes from the federal economic stimulus bill.

Total spending cuts for 2008-2009 State Budget year that ends June 30, 2009 with no “trigger” totals $6.767 billion (state funds only).  Total spending cuts for 2009-2010 State budget year that begins July1, 2009 with no “trigger” (meaning not tied to or impacted by the federal economic stimulus bill) totals $7.371 billion (state funds only), with a two year total of $14.1 billion (state funds only)

 

CALWORKS

CDCAN Note: see additional cut under “trigger cuts” that will not happen if sufficient funding comes from the federal economic stimulus bill

 

CalWORKS: Suspend (cut) July 2009 cost of living (COLA)

2008-2009 Budget Year: None

2009-2010 Budget Year: $79.1 million (state funds only)

 

CalWORKS: Suspend funding for “Pay For Performance Incentive Program”

2008-2009 Budget Year: None

2009-2010 Budget Year: $40 million (state funds only)

 

CalWORKS: Delay LEADER Replacement Project

2008-2009 Budget Year: None

2009-2010 Budget Year: $14.6 million (state funds only)

 

CHILDREN – PROPOSITION 10

Proposition 10: Shift 50% of state and local funds to children’s programs through 2013-2014, and sweep State Commission balances

2008-2009 Budget Year: None

2009-2010 Budget Year: $608 million (state funds only – fund shift)

 

DEVELOPMENTAL SERVICES (REGIONAL CENTERS)

CDCAN Note: Cuts below do not include reduction in growth, but that reduction still appears to be part of the agreement

 

Regional Centers: 3% reduction of regional center operations and regional center provider payments

2008-2009 Budget Year: $24.6 million (state funds only)

2009-2010 Budget Year: $60.2 million (state funds only)

CDCAN Note: this proposal was made originally by the Governor in December

 

Regional Centers: Additional 7.1% reduction for regional center provider payments (making it a total of 10.1% beginning July 1, 2009)

2008-2009 Budget Year: none

2009-2010 Budget Year: $100 million (state funds only)

 

MEDI-CAL

CDCAN Note: see additional cut under “trigger cuts” that will not happen if sufficient funding comes from the federal economic stimulus bill. Not apparently included in the agreement are any additional provider rate cuts (new provider rate cuts are scheduled to go into effect March 1, 2009, which were approved by the Legislature and Governor in September. That rate cut is the subject of a lawsuit, with a court hearing set February 18 in San Francisco . See separate CDCAN Report for details).  Other previous Medi-Cal proposed cuts – including changes to eligibility to the aged, blind and disabled program, are not listed in the budget agreement. 

 

Medi-Cal: Suspend July 2009 cost of living for county administration of the Medi-Cal program

2008-2009 Budget Year: None

2009-2010 Budget Year: $24.7 million (state funds only)

 

MENTAL HEALTH SERVICES

Mental Health (Proposition 63) –  Temporarily fund EPSDT (Early Periodic Screening Diagnosis Testing Programs) with Proposition 63 funds

2008-2009 Budget Year: None

2009-2010 Budget Year: $226.7 million (state funds only – fund shift)

 

SSI/SSP (SUPPLEMENTAL SECURITY INCOME/STATE SUPPLEMENTAL PAYMENT)

CDCAN Note: see additional cut under “trigger cuts” that will not happen if sufficient funding comes from the federal economic stimulus bill

 

SSI/SSP: Suspend (cut) the June 2010 state cost of living (COLA) money owed to people who receive SSI/SSP

2008-2009 Budget Year: none

2009-2010 Budget Year: $27 million (state funds only)

 

SSI/SSP: Withhold (cut) federal cost of living that went into effect January 1, 2009 (rolls back SSI/SSP grant level to what it was as of December 1, 2008)

2008-2009 Budget Year: $79.8 million (state funds only)

2009-2010 Budget Year: $487.3 million (state funds only)

 

EDUCATION – PROPOSITION 98

Reductions of the Proposition 98 funding (education funding guarantee)

2008-2009 Budget Year: $5.646. billion (state funds only)

2009-2010 Budget Year: $2.955 billion (state funds only)

Note: also other reductions impacting Proposition 98 including funding at the current year minimum and shift for home to school transportation.  Higher education would get a 10% across the board cut.

 

TRANSPORTATION

Public Transit: Suspend (cut) state funding for local transit agencies for five years

2008-2009 Budget Year: $153.2 million (state funds only)

2009-2010 Budget Year: $306.4 million (state funds only)

 

CalTrans: Shift tribal revenues to State general fund

2008-2009 Budget Year: $100.8 million (state funds only- fund shift)

2009-2010 Budget Year: $201.6 million (state funds only – fund shift)

 

CORRECTIONS (PRISONS)

10% cut to medical budget

2008-2009 Budget Year: none

2009-2010 Budget Year: 181 million (state funds only)

 

OTHER – AMERICANS WITH DISABILITIES ACT COMPLIANCE FUNDING

Shift Americans with Disabilities Act ( ADA ) Compliance Funding to Proposition 84

2008-2009 Budget Year: $11 million (state funds only – fund shift)

2009-2010 Budget Year: $8 million (state funds only – fund shift)

 

CUTS THAT WILL NOT HAPPEN IF ENOUGH FUNDING COMES FROM FEDERAL ECONOMIC STIMULUS BILL (“TRIGGER CUTS”)

CDCAN Note: these are spending cuts that will not happen if a sufficient level of federal economic stimulus money comes to California .  There are no “trigger cuts” that would take effect during the current budget year.  The total “trigger cuts” for the 2009-2010 State Budget year that begins July 1, 2009 amounts to $947.7 million in state general funds.

 

CALWORKS - 4% GRANT REDUCTION

This is the state’s “welfare to work” program that impacts several thousands of children and parents with special needs and disabilities

2008-2009 Budget Year: none

2009-2010 Budget Year: $146 million (state funds only - cut will not happen if sufficient funding comes from federal economic stimulus bill)

 

IN-HOME SUPPORTIVE SERVICES (IHSS)

Cap state participation of IHSS worker wages at $9.50 per hour plus up to 60 cents for benefits and implementation of (prospective) share of cost proposal

2008-2009 Budget Year: none

2009-2010 Budget Year: $78 million (state funds only- cut will not happen if sufficient funding comes from federal economic stimulus bill)

 

MEDI-CAL

Elimination of several Medi-Cal optional benefits and cut by 10% Medi-Cal reimbursement rates for public hospitals

2008-2009 Budget Year: None

2009-2010 Budget Year:  $183.6 million (state funds only - cut will not happen if sufficient funding comes from federal economic stimulus bill)

 

SSI/SSP

Reduce grants by 2.3% (cut of about $20 for individuals and $35 for married couples)

2008-2009 Budget Year: None

2009-2010 Budget Year: $267 million (state funds only - cut will not happen if sufficient funding comes from federal economic stimulus bill)

 

  California Budget Crisis

* CDCAN Townhall Telemeeting Today (Feb 12)

* Will Focus on State Budget Updates – Open To Public

* Vote On Budget Likely On Friday

Deep Concern Grows Among Advocates, People with Disabilities, Mental Health Needs, Seniors, Families, Community Organizations and Workers Who Provide Supports and Services on Impact of Likely Budget Agreement – Huge Permanent Spending Reductions to Critical Programs Feared

 

SACRAMENTO  (CDCAN) [Updated 02/12/09  06:50 AM]   -   With California facing a projected budget deficit of over $41 billion by the end of the 2009-2010 State Budget year, the California Disability Community Action Network (CDCAN) Townhall Telemeeting focusing on the State budget crisis,  is scheduled for this afternoon, February 12, from 1 PM to 2:30 PM to provide updates and latest information regarding budget cuts and issues impacting children and adults with disabilities, mental health needs, seniors, the blind, their families, community organizations, facilities, and workers who provide advocacy, supports or services.  Today’s townhall will feature updates from various advocates. 

 

CDCAN’s  Townhall Telemeetings are open to all and free. CDCAN Townhall telemeetings since 2003 have attracted thousands of people with disabilities, mental health needs, seniors and others across the State, providing the opportunity for thousands to participate directly in public policy making for the first time.  The last CDCAN Townhall Teleemeeting last fall attracted hundreds of people across the State. 

 

CDCAN TOWNHALL TELEMEETING

TODAY! FEBRUARY 12, 2009 – THURSDAY AFTERNOON

1:00 PM to 2:30 PM

SUBJECT: STATE BUDGET CRISIS - UPDATES

DIAL TOLL FREE PHONE LINE:  877 551 8082

NOTE: For this townhall telemeeting, there will not be an internet connection available. 

All CDCAN Telemeetings are recorded and uploaded to the CDCAN website at www.cdcan.us for anyone who wishes to download or listen to the audio recording later. 

Anyone can participate in this free townhall telemeeting by simply dialing the toll free line (see below). In many areas of the State, people gather at certain locations or homes to participate, though that is not necessary.

 

No Official Agreement on Budget Deal Yet – But Communities Grow Anxious As Agreement Nears

The Governor and four legislative leaders, while not yet officially announcing a final deal on the budget crisis, have agreed to the outline of a deal and are very close to an agreement.  Though nothing is certain given the high feelings on every side regarding how to solve the worst budget crisis the State has ever faced, if final agreement on a budget deal is reached, a vote to approve it by the Assembly and State Senate will take place on Friday (February 13).   

 

The details of the agreement – while not final – include a mixture of deep spending cuts, new revenues and taxes and also a proposal to change the State Constitution that would impose – if approved by voters in a special election later this year – a spending cap or limit.  Details of that proposal – long opposed previously by legislative Democrats – are not available yet, but worry advocates of health and human services, including people with disabilities, mental health needs, seniors, and low income families. 

 

Advocates, people with disabilities, mental health needs, seniors and others across the State have grown more and more anxious regarding what is happening in Sacramento and the outcome of any deal to resolve the State budget crisis, with fears of new and deeper permanent spending cuts and other reductions to critical programs.  

 

Townhall Telemeetings Open To Everyone – More to Come Focusing On Other Issues

Future townhall telemeetings will be scheduled the coming two to three weeks,  featuring state officials, once a budget is passed, and focusing on specific issues, including regional centers/developmental services, Medi-Cal, special education, In-Home Services and Supports, SSI/SSP and other critical programs and services, including CAPI (Cash Assistance Program for Immigrants), senior programs including adult protective services.  Other CDCAN Townhall Telemeetings will focus on housing, transportation and other critical issues. 

If you are interested in being a speaker or guest panelist for future CDCAN Townhall Telemeetings, please contact Marty Omoto at martyomoto@rcip.com

 

Regional Townhall Telemeetings Planned – First One For Fresno-Bakersfield Area With Update on IHSS Worker Wage Cut

In addition CDCAN will be scheduling a new series of townhall telemeetings for specific regions or counties of the State in order to highlight local concerns and problems and to increase community awareness and connection to critical issues. 

 

The first such regional townhall telemeeting will be for the Fresno-Bakersfield area, including hearing updates and details of the impact of the budget crisis in that area of the State.  That regional townhall telemeeting will also take a close look at a proposal by the Fresno County Board of Supervisors to roll back In-Home Supportive Services (IHSS) worker wages retroactively to January 1, 2009.  [CDCAN is issuing an Action Alert on that later today]

 

Other CDCAN Regional Townhall Telemeetings and forums are planned for Los Angeles , San Diego , the Santa Barbara-San Luis Obispo area, the Bay Area, Sacramento and northern California (Chico-Redding-Red Bluff areas). 

California Budget Crisis

Governor Warns: Lay-Offs of 20,000 State Workers Coming If No Budget Deal By End of Week – Includes Health and Human Services Departments

 

SACRAMENTO  (CDCAN) [Updated 02/10/09 10:08 AM]   -   Governor Arnold Schwarzenegger warned today that his administration will begin taking steps for the lay-off of 20,000 state workers if no budget deal is reached by the end of the week. 

 

Matt David, spokesperson for Governor Arnold Schwarzenegger said that layoff notices, impacting health and human services, corrections and other agencies, will go to those with the least seniority.

 

The action by the Governor is part of his earlier order to reduce State government payroll by 10%.

 

No Budget Deal Yet – Possible Vote This Week

As reported earlier today, Governor Arnold Schwarzenegger and the four Democratic and Republican legislative leaders continue private meetings today to reach a budget deal,   

 

As of Tuesday late morning, there has been no announcement yet of a budget deal, and no details on what will likely emerge as the budget agreement that is certain to contain mid-year cuts to the current year budget – and more cuts and possible new revenues for the 2009-2010 State budget year. 

 

As previously reported floor votes in both the Assembly and State Senate on a budget agreement could happen Wednesday or Thursday – or later this week. 

 

Breaking News

* US Senate Passes President’s Economic Bill 61 to 37

* Goes To Conference Committee

Both US House of Representatives and US Senate Now Will Work on Ironing Out Differences Between Their Versions of the President’s Bill – Final Version Could Have  Major Impact on Medicaid (Medi-Cal) Funding for California

 

WASHINGTON , DC (CDCAN) [Updated 02/10/09 09:44 AM]  -  The US Senate today (February 10) passed their version of President Barack Obama’s bill to provide relief to the nation’s sagging economy by a vote of 61 to 37.  The US Senate version totals $838 billion, while the US House version of the bill – passed last week, totals about $819 billion. 

 

The US Senate and US House will now meet in a conference committee to resolve differences between the two version of the bill before sending it to the President later this week.

 

Both the House of Representatives version of the bill – which passed last week, and the US Senate version would provide billions of dollars of additional funding for Medicaid (called Medi-Cal in California ), education and various infrastructure projects that impact transportation – including accessible transportation services.  Final details on the exact amounts that California and the other states will receive and how the funding can be spent still need to be worked out in the conference committee.  Funding can be cut and added during

 

The original target was for a bill to be voted out of the House of Representatives (which passed its version last week) and the US Senate by February 13th and for both houses to meet in conference committee to resolve differences and send a final agreed version to President Obama by February 16th or so. 

 

Governor Schwarzenegger however has said earlier that any funding from Washington would help – but not solve – the State’s on-going budget problems. 

 

Budget Talks Continue In California – No Deal Yet

The action in Washington DC happened while Governor Arnold Schwarzenegger and the four Democratic and Republican legislative leaders continue private meetings today to reach a budget deal,   As of Tuesday late morning, there has been no announcement yet of a budget deal, and no details on what will likely emerge as the budget agreement that is certain to contain mid-year cuts to the current year budget – and more cuts and possible new revenues for the 2009-2010 State budget year. 

 

As previously reported floor votes in both the Assembly and State Senate on a budget agreement could happen Wednesday or Thursday – or later this week. 

 

While floor sessions are scheduled for today (February 10), no action on the budget crisis is expected. 

 

California faces a growing projected budget shortfall of over $41 billion by the end of the 2009-2010 State budget year that ends June 30, 2010. 

 

California Budget Crisis

* NO BUDGET DEAL YET – BUT NEAR

* BUDGET VOTE POSSIBLE WED OR THU

Advocates for People With Disabilities, Mental Health Needs, the Blind, Seniors and Low Income Families Fear Major  New Permanent Cuts Are Coming

 

SACRAMENTO (CDCAN) [Updated 02/08/09 10:45 PM]  -  Governor Arnold Schwarzenegger and legislative leaders continued talks over the weekend,including Sunday,  to resolve the budget crisis, and while no final budget agreement has yet been finalized yet, legislative leaders expressed some confidence that a budget deal will be reached very soon – with a vote in the Assembly and State Senate possibly on Wednesday (February 11th) or Thursday (February 12th).   

 

No details are yet available on what will likely emerge as the budget agreement that is certain to contain mid-year cuts to the current year budget – and more cuts and possible new revenues for the 2009-2010 State budget year. 

 

No floor sessions are scheduled for tomorrow, (Monday, February 9th) which is a State legislative holiday observance for Lincoln ’s Birthday.  Legislative leaders – Senate President Darrell Steinberg (Democrat – Sacramento ), Assembly Speaker Karen Bass (Democrat – Los Angeles ), Senate Republican Leader Dave Cogdill (Republican – Fresno ) and Assembly Republican Leader Mike Villines (Republican – Clovis ) are expected to continue work and discussions, with their staff on Monday, toward finalizing a budget agreement. 

 

California faces a growing projected budget shortfall of over $41 billion by the end of the 2009-2010 State budget year that ends June 30, 2010. 

 

Advocates Fear Deep Cuts for People With Disabilities, Mental Health Needs, Seniors

Advocates across California have raised deep concerns about the closed door meetings, and the likelihood that any budget deal will contain major new reductions in spending for a wide range of programs and services impacting children and adults with disabilities, mental health needs, the blind, seniors, low income families, community organizations, facilities and workers who provide advocacy, supports and services. 

 

The Governor previously in January and in December proposed permanent elimination of the Cash Assistance Program for Immigrants (CAPI) that provides small grants (equal to the SSP or State Supplemental Payment grants) for very low income  people with disabilities, the blind and seniors who are legal immigrants but do not qualify for SSI/SSP.  The Governor also proposed major permanent reductions to regional centers, In-Home Supportive Services (IHSS), mental health services, CalWORKS (California’s welfare to work program that serves thousands of children and parents with disabilities and special needs), major cuts to SSI/SSP (Supplemental Security Income/State Supplemental Payment grants to the lowest income people with disabilities, the blind and seniors), and Medi-Cal, including major changes in eligibility and proposed permanent elimination of several benefits not required by the federal government, including adult dental. 

 

[Note: CDCAN is issuing a major Action Alert on this issue and also on the other proposed cuts that includes phone calls, letter writing and protests] 

 

Budget Process This Year Unlike Any Other Before

With the national and state economy the worst since the Great Depression over 60 years ago, the state running out of cash to pay its bills due to the unresolved budget crisis and a budget shortfall growing to a record setting size, the State’s budget process this year is unlike any other before.

 

It appears more and more likely that the Legislative leaders and Governor are looking at passing and enacting not only mid-year cuts and revenues to the current year budget but also passing the budget for the 2009-2010 State Budget year that begins July 1, 2009, at the same time.  That has never been done before and essentially would mean that the State would be operating under a 16 or 17 month State Budget. 

 

That could mean that the proposed reductions to a wide range of programs and services impacting children and adults with disabilities, mental health needs, the blind, seniors, and low income families could end up being passed by the Legislature – perhaps without detail on how that would be specifically achieved – in the next few days. 

 

Under that scenario, details and perhaps adjustment to the total of reductions would occur after the Governor releases changes to the State budget for 2009-2010, normally called the “May Revision” to his budget proposal. 

 

However if a budget is passed early in combination with the mid-year cuts package, those changes released in May would instead be adjustments to an actual budget plan already passed – and not changes to a proposed budget still under consideration. 

 

And budget hearings by the various budget subcommittees would focus not only proposals of the Governor to a budget not yet passed, but rather looking at specifics to implement a budget already passed. 

 

Economic Stimulus Bill In Washington DC Provides Some Glimmer of Hope

While the Governor and legislative leaders in California continue private meetings to reach a budget deal, there is one small glimmer of hope that some advocates and state policymakers see in possibly avoiding, perhaps only temporarily, some cuts in health and human services, in education and transportation as a result of whatever emerges from Washington, DC out of President Barack Obama’s economic stimulus bill. 

 

As of Saturday, February 7th, the US Senate Democratic leaders came to an agreement with some key US Senate Republicans and moderate US Senate Democrats, though no final vote has been taken on the bill yet as of late Sunday evening (February 8th). 

 

Both the House of Representatives version of the bill – which passed last week, and the US Senate version would provide billions of dollars of additional funding for Medicaid, education and various infrastructure projects that impact transportation – including accessible transportation services. 

 

The bipartisan deal in the US Senate was agreed to Friday night (February 6th) after two days of talks and would cut more than $100 billion from the $920 billion version of the bill in the US Senate , dropping its cost to about $820 billion. No details are yet available on the impact of the compromise agreement made Friday night in the US Senate version of the bill that still needs approval of the full US Senate. 

 

The original target was for a bill to be voted out of the House of Representatives (which passed its version last week) and the US Senate by February 13th and for both houses to meet in conference committee to resolve differences and send a final agreed version to President Obama by February 16th or so.  Those deadlines will be difficult now to meet.

 

Governor Schwarzenegger however has said earlier that any funding from Washington would help – but not solve – the State’s on-going budget problems. 

 

Assembly Sets Budget Subcommittee Hearings

As previously reported in last week’s CDCAN Report,  the Assembly released a schedule of budget subcommittee hearings for February 17th and 18th, though it is not clear at this point what specific budget issues or items will be heard.  Assembly Budget Committee staff has said that it is likely the hearings will focus on an overview of the budget. 

The hearing schedule is very tentative and are subject to change or cancellation (it appears likely at this point that the February 18th  hearing for Assembly Budget Subcommittee #1 on Health and Human Services will likely be cancelled and changed to a different date, because it conflicts with the previously scheduled Assembly Human Services Committee Informational Hearing on the same date and time. That informational hearing focuses on housing of people with disabilities. 

CDCAN will report more information about these hearings as information becomes available and a possible Action Alert. 

 

FEBRUARY 17, 2009 (TUESDAY)

ASSEMBLY BUDGET SUBCOMMITTEE # 2 ON EDUCATION FINANCE

09:00 AM State Capitol – Room 444

Issues or items to be heard: all departments

CDCAN Note: It is not clear at this point what issues will actually be heard – and in fact any of these hearings should be considered as tentative subject to change and cancellation. 

This budget subcommittee covers education budget issues, including those that impact special education and state special schools.

 

FEBRUARY 17, 2009 (TUESDAY)

ASSEMBLY BUDGET SUBCOMMITTEE #4 ON STATE ADMINISTRATION

1:30 PM – State Capitol – Room 447

Issues or items to be heard: all departments

 

FEBRUARY 18, 2009 (WEDNESDAY)

ASSEMBLY BUDGET SUBCOMMITTEE #1 ON HEALTH & HUMAN SERVICES

1:30 PM – State Capitol – Room 444

Issues or items to be heard: all departments

CDCAN Note: This hearing on this date (February 18th) will likely be cancelled due to the Assembly Human Services Committee informational hearing scheduled at the same date and time.  However, as of Friday (February 6) this hearing has not yet been cancelled, so it remains listed here.  But please note that it is likely to be cancelled and  moved to a different date.  Watch for CDCAN Report.   . 

This budget subcommittee deals with budget items impacting regional centers, Medi-Cal, In-Home Supportive Services and other home care issues, adult protective services and other senior programs, SSI/SSP, Cash Assistance Program for Immigrants, etc. It is not clear at this point what issues will actually be heard – and in fact any of these hearings should be considered as tentative subject to change and cancellation. 

 

FEBRUARY 18, 2009 (WEDNESDAY)

ASSEMBLY BUDGET SUBCOMMITTEE #2 ON EDUCATION FINANCE

4:00 PM – State Capitol – Room 126

Issues or items to be heard: all departments

CDCAN Note: It is not clear at this point what issues will actually be heard – and in fact any of these hearings should be considered as tentative subject to change and cancellation. 

 

FEBRUARY 18, 2009 (WEDNESDAY)

ASSEMBLY BUDGET SUBCOMMITTEE #3 ON RESOURCES

08:30 AM – State Capitol – Room 447

Issues or items to be heard: all departments

 

FEBRUARY 18, 2009 (WEDNESDAY)

ASSEMBLY BUDGET SUBCOMMITTEE #4 ON STATE ADMINISTRATION

01:30 PM – State Capitol – Room 437

Issues or items to be heard: all departments

 

FEBRUARY 18, 2009 (WEDNESDAY)

ASSEMBLY BUDGET SUBCOMMITTEE #5 ON TRANSPORTATION

04:00 PM – State Capitol – Room 127

Issues or items to be heard: all departments

CDCAN Note: It is not clear at this point what issues will actually be heard – and in fact any of these hearings should be considered as tentative subject to change and cancellation. 

This budget subcommittee deals with transportation budget issues, including those impacting accessible public transportation for people with disabilities, seniors and the blind. 

 

ALSO: INFORMATIONAL HEARINGS HAVE BEEN SCHEDULED (AS PREVIOUSLY REPORTED)

 

FEBRUARY 18, 2009 (WEDNESDAY)

ASSEMBLY HUMAN SERVICES COMMITTEE

1:30 PM State Capitol - Room 437

INFORMATIONAL HEARING

SUBJECT: Working Together to Ensure Equal Housing Opportunities for People with Disabilities and Children

CDCAN PRIORITY: VERY HIGH

CDCAN Note: see previous CDCAN Report on this hearing, released last week or go to CDCAN website at www.cdcan.us    Public testimony at this hearing will be allowed – and the committee staff and chair encourages it. 

 

FEBRUARY 24, 2009 (TUESDAY)

ASSEMBLY HUMAN SERVICES AND AGING AND LONG TERM CARE COMMITTEES

10:00 AM. to 12:00 PM  State Capitol - Room 447

JOINT INFORMATIONAL HEARING

SUBJECT: Elders struggling to Make Ends Meet in California

 

CDCAN Townhall Telemeeting On Budget Crisis Feb 12th Expected To Draw Large Audience

In response to the worsening state budget crisis, the first California Disability Community Action Network (CDCAN) Townhall Telemeeting of 2009 is scheduled for February 12, Thursday afternoon from 1 PM to 2:30 PM to provide updates and latest information regarding all budget cuts and issues impacting children and adults with disabilities, mental health needs, seniors, the blind, their families, community organizations, facilities, and workers who provide advocacy, supports or services. 

 

Anyone interested in participating in this or other CDCAN Townhall Telemeetings as a speaker or guest panelist, please contact Marty Omoto at martyomoto@rcip.com

 

The townhall telemeeting is open to all and is free. Future townhall telemeetings will be scheduled focusing on specific issues, including regional centers/developmental services, Medi-Cal, special education, In-Home Services and Supports, SSI/SSP and other critical programs and services, including CAPI (Cash Assistance Program for Immigrants), senior programs including adult protective services.  Other CDCAN Townhall Telemeetings will focus on housing, transportation and other critical issues.  In addition CDCAN will be scheduling a new series of townhall telemeetings for specific regions or counties of the State in order to highlight local concerns and problems and to increase community awareness and connection to critical issues. 

 

CDCAN Townhall telemeetings since 2003 have attracted thousands of people with disabilities, mental health needs, seniors and others across the State, providing the opportunity for thousands to participate directly in public policy making for the first time.  The last CDCAN Townhall Telemeeting last fall attracted hundreds of people across the State. 

 

CDCAN TOWNHALL TELEMEETING

FEBRUARY 12, 2009 – THURSDAY AFTERNOON

1:00 PM to 2:30 PM

SUBJECT: STATE BUDGET CRISIS – UPDATES

TOLL FREE PHONE LINE:  877 551 8082

NOTE: CDCAN is working on connection via the internet – watch for later CDCAN Report on this. All CDCAN Telemeetings are recorded and uploaded to the CDCAN website at www.cdcan.us for anyone who wishes to download or listen to the audio recording later. 

 

PROTEST AGAINST MEDI-CAL AND OTHER CUTS FEB 18th IN SAN FRANCISCO

Photo of Joan Lee, Gray Panther and Advocate, who passed away August 2008.  The February 18th protest in San Francisco is being held in her memory and that of Donald Roberts, a disability advocate who died in January.In response to the growing budget crisis and fears of the impact of major spending reductions, as previously announced in a CDCAN Action Alert, advocates (including Gray Panthers, CDCAN and others) have organized for February 18 from 9:00 to 11:00 AM a sidewalk protest for the rights of children and adults with disabilities, mental health needs, seniors, low income children – their families – community organizations and workers who provide supports, services and advocacy outside on the sidewalk  in front of the  San Francisco’s federal 9th Circuit Court of Appeals Courthouse.  [Photo of Joan B. Lee, the Sacramento Gray Panthers leader and senior advocate, left, who died August 2008. The protest is being held also in her memory – and that of Donald Roberts, a disability advocate and member of People First, who passed away last month]

 

The protest is being held in response to a hearing by the US 9th Circuit Court of Appeals scheduled that same day at 10 AM  on the lawsuits dealing with blocking the State from implementing Medi-Cal rate reductions for most providers that went into effect July 1, 2008 (most of those cuts have been stopped by the lawsuit – this hearing – among other things - is to consider an appeal from the State to overturn that ruling that stopped the cuts from taking place)

 

The sidewalk demonstration is expected to attract a sizeable crowd of people with disabilities, mental health needs, seniors and their families, low income children and their families, community organizations, facilities, workers who provide supports and services and advocacy

 

WHEN: FEB 18, 2009  (WEDNESDAY)

TIME:  09:00 AM to about 11:00 AM

WHERE: SAN FRANCISCO

US 9th Circuit Court of Appeals Courthouse

95 Seventh Street in San Francisco [sidewalk]

Remembering Joan Lee of Gray Panthers and Donald Roberts of People First

(peaceful protest will happen outside on the sidewalk area in front of the courthouse entrance between Mission Street and Stevenson Street (Market is the next major street that crosses 7th.  The nearest BART Station is Civic Center , but the elevator is not in service and is closed for repairs for several months. The nearest BART station that is accessible with operating elevator is Powell Street – please contact BART however on the day of travel to listen for any announcements regarding operation of elevators to be sure].

More details will follow later today and this weekend including information on other protests,  and CDCAN Townhall Telemeetings focusing on specific impact on cuts and other changes. 

 

California Budget Crisis

SHOCKWAVE SPREADS ON IMPACT OF PREVIOUSLY ANNOUNCED SWEEPING PROPOSED CUTS TO CHILDREN & ADULTS WITH DEVELOPMENTAL DISABILITIES UNDER REGIONAL CENTERS

Proposed Permanent Regional Centers Cuts Could Total Well Over $600 Million – Advocates Say Cuts Will Have “Devastating” Impact On Lanterman Civil Rights

 

Photo of January 15, 2009 protest in front of State Capitol in Sacramento while Governor Schwarzenegger delivers his "State of the State" speech to the Legislature.SACRAMENTO (CDCAN) [Updated 02/07/09 12:05 PM]-  Though no budget deal or new details has yet been announced as of Saturday afternoon (February 7), Governor Arnold Schwarzenegger’s  proposed permanent reductions to California’s 21 non-profit regional centers that fund, under the Department of  Developmental Services, community-based services to over 230,000 children and adults with developmental disabilities, first unveiled January 10th, is sending shockwaves across the State, among families, workers, and providers as the enormity of its impact spreads.   [Note: See CDCAN Report issued January 12, 2009 that detailed the proposed cuts and reductions to regional centers or go to CDCAN website at www.cdcan.us]   [Photo left was taken by Stephen Dale of sidewalk protest of over 200 people with disabilities, seniors, mental health needs and others organized by CDCAN on January 15th outside State Capitol while Governor was delivering his annual “State of the State” address to the Legislature]

 

The impact of the previously announced proposed cuts to regional centers – if approved as advocates now fear – could be massive, with major reductions that could impact eligibility for services, possible major expansion of share of costs and co-payments, possible significantly longer delays in assessments for services and potential deeper cuts to a wide range of regional center funded community-based programs ranging from day programs, respite, supported and independent living, group homes, supported employment, services for young children with autism spectrum disorders, accessible transportation, housing and other services and programs.

 

Regional Center directors, family advocates and community-based organizations and providers say that virtually no regional center funded program or service would be left untouched if the size of the reductions end up in a budget deal, which at this point appears to be likely. 

 

Governor and Legislative Leaders Close to Agreement – But No Deal Yet

The Governor and the four legislative leaders – Senate President Pro Tem Darrell Steinberg (Democrat – Sacramento ), Assembly Speaker Karen Bass (Democrat – Los Angeles ), Senate Republican Leader Dave Cogdill (Republican – Fresno ) and Assembly Republican Leader Mike Villines (Republican – Clovis ) were close to an agreement – though no details or any final deal has been announced yet (as of Saturday, February 7th).   Democratic legislative leaders expect a deal soon however – possibly this weekend, and a likely vote in both the State Senate and the Assembly early next week, possibly Tuesday.  The Governor and four leaders have been private meetings with no specifics or details released, even to other rank and file legislators. 

 

While no budget deal has been announced yet to close a projected budget deficit of over $41 billion (by the end of the 2009-2010 State Budget year that ends June 30, 2010), advocates say the Governor’s proposal to not fund growth will mean a permanent reduction to the regional center community-based services budget of well over $500 million in the 2009-2010 State Budget year that begins July 1, 2009,  if loss of federal funds are included. 

 

Regional centers and many advocates say that the total of all reductions – if approved in the coming days – could swell to over $600 million to $700 million for the 2009-2010 State Budget year if the likely 3% reduction to payments to community-based regional center providers and previous “cost containment” reductions approved last February and September are included.  

 

Regional Center Proposed Cuts In Addition To Previously Announced Health & Human Services Proposed Cuts

The proposed reductions – and previous cuts approved last year to regional centers – are in addition to proposed cuts that impact the same population of children and adults with developmental disabilities, including hundreds of millions of dollars of proposed permanent reductions to In-Home Supportive Services (IHSS), mental health services, Medi-Cal (including proposed permanent elimination of several Medi-Cal benefits such as adult dental, that states are not required to provide by the federal government), SSI/SSP (federal and state funded Supplemental Security Income/State Supplemental Payment grants to lowest income persons with disabilities, the blind and low income seniors), proposed permanent elimination of the state funded Cash Assistance Program for Immigrants (provides SSP level grants to low income persons with disabilities, the blind, seniors who are legal immigrants but do not qualify for SSI), proposed permanent reductions to the state’s welfare to work program, CalWORKS (includes thousands of children and parents with disabilities and special needs).

 

Budget Process This Year Unlike Any Other Before

With the national and state economy the worst since the Great Depression over 60 years ago, the state running out of cash to pay its bills due to the unresolved budget crisis and a budget shortfall growing to a record setting size, the State’s budget process this year is unlike any other before.

 

It appears more and more likely that the Legislative leaders and Governor are looking at passing and enacting not only mid-year cuts and revenues to the current year budget but also passing the budget for the 2009-2010 State Budget year that begins July 1, 2009, at the same time.  That has never been done before and essentially would mean that the State would be operating under a 16 or 17 month State Budget. 

 

That could mean that the proposed reduction to regional center growth could end up being passed by the Legislature – perhaps with out detail on how that would be specifically achieved – in the next few days. 

 

Under that scenario, details and perhaps adjustment to the total of reductions would occur after the Governor releases changes to the State budget for 2009-2010, normally called the “May Revision” to his budget proposal.  However if a budget is passed early in combination with the mid-year cuts package, those changes released in May would instead be adjustments to an actual budget plan already passed – and not changes to a proposed budget still under consideration. 

 

And budget hearings by the various budget subcommittees would focus not only proposals of the Governor to a budget not yet passed, but rather looking at specifics to implement a budget already passed. 

 

[Note: CDCAN is issuing a major Action Alert on this issue and also on the other proposed cuts that includes phone calls, letter writing and protests] 

 

Economic Stimulus Bill In Washington DC Provides Some Glimmer of Hope

One small glimmer of hope that some advocates and state policymakers see in possibly avoiding some cuts in health and human services, in education and transportation – and perhaps only temporarily – is whatever emerges from Washington, DC out of President Barack Obama’s economic stimulus bill.  As of Saturday, February 7th, the US Senate has come to agreement with some key US Senate Republicans and moderate US Senate Democrats, though no final vote has been taken on the bill yet.  Both the House of Representatives version of the bill – which passed last week, and the US Senate version would provide billions of dollars of additional funding for Medicaid, education and various infrastructure projects that impact transportation – including accessible transportation services. 

 

The bipartisan deal in the US Senate was agreed to Friday night (February 6th) after two days of talks and would cut more than $100 billion from the $920 billion version of the bill in the US Senate , dropping its cost to about $820 billion. No details are yet available on the impact of the compromise agreement made Friday night in the US Senate version of the bill that still needs approval of the full US Senate. 

 

The original target was for a bill to be voted out of the House of Representatives (which passed its version last week) and the US Senate by February 13th and for both houses to meet in conference committee to resolve differences and send a final agreed version to President Obama by February 16th or so.  Those deadlines will be difficult now to meet.

 

House Speaker Nancy Pelosi (Democrat - California) said Friday that the proposed reductions in the US Senate version of the bill "…do violence to what we are trying to do for the future," especially on alternative energy and education and that "the cuts [in the US Senate version of the bill] are very damaging."

 

CDCAN Townhall Telemeeting On Budget Crisis Feb 12th Expected To Draw Large Audience

In response to the worsening state budget crisis, the first California Disability Community Action Network (CDCAN) Townhall Telemeeting of 2009 is scheduled for February 12, Thursday afternoon from 1 PM to 2:30 PM to provide updates and latest information regarding all budget cuts and issues impacting children and adults with disabilities, mental health needs, seniors, the blind, their families, community organizations, facilities, and workers who provide advocacy, supports or services. 

 

Anyone interested in participating in this or other CDCAN Townhall Telemeetings as a speaker or guest panelist, please contact Marty Omoto at martyomoto@rcip.com

 

The townhall telemeeting is open to all and is free. Future townhall telemeetings will be scheduled focusing on specific issues, including regional centers/developmental services, Medi-Cal, special education, In-Home Services and Supports, SSI/SSP and other critical programs and services, including CAPI (Cash Assistance Program for Immigrants), senior programs including adult protective services.  Other CDCAN Townhall Telemeetings will focus on housing, transportation and other critical issues.  In addition CDCAN will be scheduling a new series of townhall telemeetings for specific regions or counties of the State in order to highlight local concerns and problems and to increase community awareness and connection to critical issues. 

 

CDCAN Townhall telemeetings since 2003 have attracted thousands of people with disabilities, mental health needs, seniors and others across the State, providing the opportunity for thousands to participate directly in public policy making for the first time.  The last CDCAN Townhall Telemeeting last fall attracted hundreds of people across the State. 

 

CDCAN TOWNHALL TELEMEETING

FEBRUARY 12, 2009 – THURSDAY AFTERNOON

1:00 PM to 2:30 PM

SUBJECT: STATE BUDGET CRISIS – UPDATES

TOLL FREE PHONE LINE:  877 551 8082

NOTE: CDCAN is working on connection via the internet – watch for later CDCAN Report on this. All CDCAN Telemeetings are recorded and uploaded to the CDCAN website at www.cdcan.us for anyone who wishes to download or listen to the audio recording later. 

 

PROTEST AGAINST MEDI-CAL AND OTHER CUTS FEB 18th IN SAN FRANCISCO

In response to the growing budget crisis and fears of the impact of major spending reductions, as previously announced in a CDCAN Action Alert, advocates (including Gray Panthers, CDCAN and others) have organized for February 18 from 9:00 to 11:00 AM a sidewalk protest for the rights of children and adults with disabilities, mental health needs, seniors, low income children – their families – community organizations and workers who provide supports, services and advocacy outside on the sidewalk  in front of the  San Francisco’s federal 9th Circuit Court of Appeals Courthouse.

 

The protest is being held in response to a hearing by the US 9th Circuit Court of Appeals scheduled that same day at 10 AM  on the lawsuits dealing with blocking the State from implementing Medi-Cal rate reductions for most providers that went into effect July 1, 2008 (most of those cuts have been stopped by the lawsuit – this hearing – among other things - is to consider an appeal from the State to overturn that ruling that stopped the cuts from taking place)

 

The sidewalk demonstration is expected to attract a sizeable crowd of people with disabilities, mental health needs, seniors and their families, low income children and their families, community organizations, facilities, workers who provide supports and services and advocacy

 

WHEN: FEB 18, 2009  (WEDNESDAY)

TIME:  09:00 AM to about 11:00 AM

WHERE: SAN FRANCISCO

US 9th Circuit Court of Appeals Courthouse

95 Seventh Street in San Francisco [sidewalk]

Remembering Joan Lee of Gray Panthers and Donald Roberts of People First

(peaceful protest will happen outside on the sidewalk area in front of the courthouse entrance between Mission Street and Stevenson Street (Market is the next major street that crosses 7th.  The nearest BART Station is Civic Center , but the elevator is not in service and is closed for repairs for several months. The nearest BART station that is accessible with operating elevator is Powell Street – please contact BART however on the day of travel to listen for any announcements regarding operation of elevators to be sure].

More details will follow later today and this weekend including information on other protests,  and CDCAN Townhall Telemeetings focusing on specific impact on cuts and other changes. 

 

BREAKING NEWS:

PRESIDENT OBAMA SIGNS BILL EXPANDING CHILDREN’S HEALTH INSURANCE PROGRAM

 

WASHINGTON DC  (CDCAN)  [Updated 02/04/09  2:20 PM] -  President Barack Obama today (February 4) signed federal legislation passed by Congress, HR 2 by Rep. Frank Pallone (Democrat – New Jersey, 6th District) that will dramatically increase funding of the State Children’s Health Insurance Program and expand coverage to over 4 million uninsured children across the nation,   Copy of the bill sent to the President (as amended in the US Senate and passed also by the US House of Representatives (click here)

Cost estimates of bill by Congressional Budget Office (click here)

 

The program, called “Healthy Families” in California , was previously targeted for major reductions in 2007 by the Bush Administration, and the increased funding and expansion of coverage will have a significant impact in the nation and in California

 

California Budget Crisis – Breaking News:

* Steinberg Says Possible Budget Deal Near

* Vote On Budget Could Happen This Weekend

State’s Credit Rating Now Ranked Worst In the Nation by Standard and Poor’s

 

SACRAMENTO  (CDCAN) [Updated 02/03/09 4:45 PM]  -  Senate President Pro Tem Darrell Steinberg (Democrat – Sacramento) confirmed that a possible budget deal to resolve the state budget crisis may be near, with a possible vote in both the State Senate and Assembly that could happen either this weekend or  on Monday (February 9), which is a state holiday (Lincoln’s birthday observance).  He provided no details. 

 

However no actual agreement on a budget deal has been announced yet.   No details are yet available and it is not clear if the budget deal will need – or have – any Republican votes.  It is not known for sure if the budget deal will mean not only mid-year cuts and revenues for the current year budget – but also an early budget for 2009-2010.  If Republican legislators have signed on to a budget deal – that would likely mean that Democrats have conceded on additional cuts or policy changes – and possibly agreement on a change in the State Constitution that would impose a spending limit. 

 

Legislative leaders from both parties and the Governor have been meeting for weeks to resolve the growing State budget crisis.  California faces a projected budget shortfall of over $41 billion by the end of the 2009-2010 State budget year (June 30, 2010).  Leaders will continue to meet in the coming days to finalize an agreement. 

 

Disability, mental health, senior and low income advocates have expressed major concerns over the past several weeks about a budget deal that would mean more sweeping cuts and reductions, including a possible “hard” spending cap. 

 

State Credit Rating Worst In the Nation

Meanwhile, in yet another sign of how bad the State’s budget crisis is growing, California today is now officially ranked as  the worst credit risk of all 50 states, after Standard & Poor’s cut its rating on the state’s debt because of the continuing unresolved budget crisis.

 

Standard and Poor lowered its rating on the state’s $46 billion in general obligation bonds to "A" from "A-plus," saying that California ’s "… inability to reach an agreement on a mid-year budget revision and its rapidly eroding cash position."

 

Until today, California and Louisiana had been tied for last place, at "A-plus," on S&P’s state ratings list. Most of the other 48 states are rated either "AA" or "AAA."

 

Standard and Poor said that  "At its current level, the rating generally recognizes our view of the lack of political progress around the budget negotiations that we believe is serving to exacerbate the state's current and projected cash position,” and warned that "Despite what we consider the state's strong longer-term economic fundamentals, we judge prospects for an imminent or brisk economic and revenue recovery to be unlikely."

 

California can't decide to not pay  its bond payments because the state Constitution mandates that debt principal and interest must be paid as promised.  However  a lower credit rating can lead investors to demand higher interest rates on new bonds the state sells for infrastructure projects, or on short-term debt issued for cash management purposes – making the State’s budget shortfall and money problems even worse. 

 

Moody's Investors Service, still has California tied with Louisiana for the lowest credit rating among the states, at "A1" though it warned last week  that it may cut the state's rating if the budget battle drags on.

 

California Budget Crisis:

* State Auditor Releases Report On Budget Crisis

* Finds Deficits Totalling $146 Billion In 12 of the Past 20 Years

* Designates State Budget As “High Risk Area”

 

SACRAMENTO  (CDCAN) [Updated 02/03/09 1:00 PM]  -  The California State Auditor, Elaine M. Howle,  released a report today (February 3) that found that California has experienced ongoing deficits that greatly outweigh any surpluses, with budget shortfalls totaling $146 billion in 12 of the past 20 years and surpluses totaling $30 billion in the remaining 8 years.  The 46 page report, titled “2008-603 High Risk: The California State Auditor Has Designated the State Budget as a High Risk Area” can be viewed and downloaded from the CDCAN website (CLICK HERE)

 

The State Auditor’s report found that the State Constitutional requirement of 2/3rds vote in order to pass a state budget (54 votes in the 80 member Assembly and 27 votes in the 40 member State Senate meaning votes from both parties are almost always needed) means raising revenues is difficult and part of the problem. 

 

The report also found that solutions to budget shortfalls, such as increasing the State's debt (borrowing), fund shifts and transfers, accelerating revenue payments, or deferring (delaying) expenditures, have pushed budget problems into the future.

 

Based on the current State budget crisis and a history of ongoing state budget deficits, the Bureau of State Audits  has added the State's budget condition to its list of “high risk issues” though it is not certain what the impact that will have on the Governor or Legislature on resolving the budget crisis.  As of Tuesday (February 3) afternoon, the budget crisis remains unresolved.

 

The State Auditor’s report noted that the record breaking delays in passing the fiscal year 2008-09 budget, the need for subsequent special sessions, and the multibillion dollar budget gap that the Governor and the Legislature are attempting to close highlight the potential for the State's budget process and condition to add significant roadblocks to the tasks of managing and improving state and local government.

.

Growth In Spending of Many State Programs

The report found that in the last 20 years, the populations served by some of the State's most significant programs have grown faster than the general population. Specifically, although the State's general population has increased by 28%,:

* Prisons: The number of inmates in correctional facilities has increased by 82%

* Medi-Cal: the number of persons eligible for the California Medical Assistance Program (Medi-Cal) has grown by 90%,

* K-12 Education: there are 32%  more school age children.

 

Voter Approved Ballot Measures Contribute To Problem

The State Auditor Report found that voter approved ballot measures contributed to the problem by adding new programs and projects that do not identify specific funding sources. Instead, these programs and projects are often financed with bonds that must be repaid over time from the State general fund. In the last 10 years, voters have approved roughly $105 billion in general obligation bonds. In addition to repaying the principal, the State could pay as much as $98 billion in interest on these bonds.

 

Other Report Findings

* Income Taxes - The State's revenue structure, which depends to a large degree on personal income taxes, is very sensitive to changes in the economy. As a result, decision makers tend to be constantly reacting to boom and bust cycles of the economy.

* Required (Mandated) Spending - Because of various legal, political, business, and humanitarian considerations, it is difficult for decision makers to reduce expenditures to a level that will eliminate the ongoing deficits. For example, nearly 41%  of the State general fund part of the State budget relates to spending that are required (mandated)  by the California Constitution.

* Federal Matching Funds - Additionally, another 22%  relates to spending that are matched by federal funding and help to provide supports and serves to the State’s population that has disabilities, low income families and seniors, the blind and others.

* Higher Education - The report found that although discretionary, other spending, such as those in support of the State's universities, represent investments in the future of California's economy that would be difficult, if not “unwise, to significantly reduce”.

 

Background of the State Auditor’s Bureau of State Audits

The California State Auditor has the responsibility of promoting  the “efficient and effective management” of public funds and programs by providing to Californians  and government “independent, objective, accurate, and timely evaluations of state and local governments' activities”.

* The office was re-established in 1993 by the passage of SB 37 (Chapter 12, Statutes of 1993) which was signed by Governor Pete Wislon on May 7, 1993.

* That bill created the Bureau of State Audits to replace the former Auditor General's Office that closed due to budget reductions in December 1992.

* The bill transferred all of the Auditor General's powers, duties, and responsibilities to the Bureau of State Audits.

* While the Auditor General's Office had been in the Legislative branch of State government (like the Legislative Analyst), the Bureau of State Audits created by SB 37 in 1993 is now in the Executive Branch, though independent of either the Governor and Legislature.

* To provide for administrative oversight, the Milton Marks Commission on California State Government Organization and Economy (an independent 13-member body known as the Little Hoover Commission) distributes reports issued by the State Auditor and annually obtains an audit by an independent CPA of the bureau's operations.

* The State Auditor is solely responsible for exercising the bureau's powers and duties and its administrative operations are overseen by a state commission. In August 1993, Kurt R. Sjoberg was appointed California 's first State Auditor.  The current State Auditor is Elaine M. Howle. 

 

Department of Health Care Services

* 2009 Average Private Pay Rate for Nursing Care Released

* Notice Sent To All Medi-Cal County Officials

* Impacts Eligibility For Medi-Cal Long Term Care Services

 

 SACRAMENTO (CDCAN) [Updated 02/02/2009 6:45 PM] -  The Department of Health Care Services, which oversees California’s Medicaid program (called Medi-Cal) released today (February 2) an official notice to county Medi-Cal officials and welfare directors the updated 2009 official state monthly “Average Private Pay Rate” (APPR) for nursing facility services that is used to help determine eligibility for Medi-Cal long term care services.  A copy of the official letter is on the Department of Health Care Services website, or click here for official copy from the  CDCAN website.

 

The 2009 statewide Average Private Pay Rate for nursing facility services is $5,698 and that pay rate is used in calculating the period of ineligibility for transfers of non-exempt property for less than fair market value.  The Average Privatre Pay Rate is updated annually by the Department of Health Care Services.  In 2008 the Average Private Pay Rate was $5,496.


Counties, which administer the Medi-Cal program locally, must use this figure whenever the date of application, or the date of institutionalization (the more recent of the two) occurs in 2009 – and a disqualifying transfer of non-exempt property has occurred. 

 

Under California ’s Medi-Cal long term care rules, certain gifts are penalized by requiring a certain number of  months of ineligibility. The calculation is made by dividing the dollar value of the gift by the Average Private Pay Rate for nursing facility care in California $5,698).  

 

COPY OF “ ALL COUNTY LETTER #09-05

 

February 2, 2009

 

Letter No.:   09-05

 

To:

ALL COUNTY WELFARE DIRECTORS                             

ALL COUNTY ADMINISTRATIVE OFFICERS

ALL COUNTY MEDI-CAL PROGRAM SPECIALISTS/LIAISONS

ALL COUNTY HEALTH EXECUTIVES

ALL COUNTY MENTAL HEALTH DIRECTORS

ALL COUNTY MEDS LIAISONS

 

SUBJECT:      2009 STATEWIDE AVERAGE PRIVATE PAY RATE (APPR) FOR NURSING FACILITY SERVICES

 

The purpose of this letter is to officially announce that the 2009 statewide APPR for nursing facility services is $5698.  This is used in calculating the period of ineligibility for transfers of nonexempt property for less than fair market value.  Counties must use this figure whenever the date of application, or the date of institutionalization, (the more recent of the two) occurs in 2009, and a disqualifying transfer has occurred.  Existing periods of ineligibility are not updated annually so counties must not use this figure to recalculate periods of ineligibility where the dates of application and institutionalization occurred prior to January 1, 2009.

 

If you have any questions on this issue, please call Mr. Robert Laederich at  (916) 552-9486.

 

Original Signed By

 

Vivian Auble, Chief    

Medi-Cal Eligibility Division

 

Medi-Cal Eligibility Division, MS 4607, P.O. Box 997417 , Sacramento , CA 95899-7417

(916) 552-9430    FAX (916) 552-9478

Internet Address:  www.dhcs.ca.gov

 

California Budget Crisis

* Budget Crisis Continues As February 1st Deadline Passes

* 44% of Californians Want Mix of Spending Cuts & Tax Hikes

* 54% Want To Lower Vote Needed To Pass State Budget

* Governor Approval Rating At 40% - Legislature At 14%

Poll Shows that 60% Want to Protect K-12 Education Funding From Cuts – 18% Health and Human Services & 12% Higher Education, 6% Prisons But 70% Want Spending Cap on Growth – Advocates Concern Grows On Possible Budget Deal That Includes More Cuts and “Hard” Spending Cap

 

SACRAMENTO (CDCAN) [Updated 02/02/09 1:23 AM] -  With the State budget crisis continuing, a statewide poll by the Public Policy Institute of California (PPIC)  released late last week, reported that 44% of Californians want a state budget solution that contains a mix of spending cuts and revenue increases, while 33% prefer a budget plan that bridges the over $41 billion gap primarily with spending reductions. The poll also reported that large majorities of Californians however are in favor of certain tax and fee increases proposed by the Governor, but 70% of Californians support a spending cap on the Sate budget. 

 

And with the stalemate on a budget solution continuing, the survey reports that for the first time in its polling, a majority (54%) of Californians now want budget reforms that include passage of a State budget that lowers the 2/3rds requirement to a 55% majority vote.

 

California faces a projected budget shortfall of over $41 billion by the end of the 2009-2010 State Budget year (June 30, 2010) unless action to increase revenues or cut spending (or both) are enacted before then.  Tied to the crisis and more immediate is the State’s cash flow crisis, with the State not able to borrow money to pay its bills until a budget solution is enacted. 

 

The crisis – the delay in resolving it and the actual solutions that are eventually passed to solve it – have tremendous impact on hundreds of thousands of children and adults with disabilities, the blind, people with mental health needs, low income seniors, their families, community organizations and workers who provide supports and services across California. 

 

Budget Crisis Continues As February 1st Deadline Passes

The deadline of February 1st  set by State Controller John Chiang as the date when he will be forced to begin delaying payments on a wide range of state programs and services, passed without any agreement yet by the Governor and the Legislature,  

 

California now is deeper into the worst budget crisis in its history, with the State running out of cash to pay its bills, and the no action yet on solving the budget crisis

 

The initial delays in payments that Chiang – who is the State elected official in charge of paying the State’s bills – announced in January to begin taking effect February 1st if there was no budget solution enacted, will not have an immediate impact on people with disabilities, the blind, seniors or even CAPI (Cash Assistance Program for Immigrants), CalWORKS (the State’s welfare to work program) recipients.  February checks for those people receiving those services or grants will be paid on time because either payments by the State are paid to the counties in advance, or in the case of the SSI/SSP, the federal government will still pay the full amount of the grant on time in February even if the State delays sending the State’s share of the grant.  The Supplemental Security Income/State Supplemental Payment grants are critical for the lowest income persons with disabilities, the blind and low income seniors.  See CDCAN website for details on what programs will be paid at www.cdcan.us 

 

No Deal Yet – But Maybe Later This Week or Next

While discussions continued with the Governor and the four legislative leaders, Senate President Pro Tem Darrell Steinberg (Democrat – Sacramento ), Assembly Speaker Karen Bass (Democrat – Los Angeles ), Senate Republican Leader Dave Cogdill (Republican – Fresno ) and Assembly Republican Leader Mike Villines (Republican – Clovis ), neither house was in session since last week.

 

Neither house is scheduled to meet again until Monday afternoon (Assembly at noon and the State Senate at 2:00 PM, though no action on the State budget is scheduled or expected.).  No floor votes on any budget deal has been scheduled or announced for this week. 

 

Despite the delays and continued stalemate, State and legislative officials have expressed some hope that a budget solution will be coming soon – perhaps sometime later this week.  No details of any budget agreement are available – though many advocates have expressed concern that a possible proposed change to the State Constitution implementing a “hard” spending cap – a provision that would place strict limits on the growth in State spending – could eventually be a part of a budget deal with Legislative Republicans and/or the Governor.

 

Advocates also have grown more concerned that a budget deal in the coming week or so could mean also more spending cuts, especially if the Legislature ends up passing not only a plan to solve the current budget year shortfall – but also pass at the same time the State Budget for 2009-2010, 5 months before the start of the new budget year.  [Note: CDCAN will be issuing  an Action Alert on the State Budget later today and announcement of special CDCAN Townhall Telemeetings on the budget crisis]

 

Poll: 75% of Californians Say State Headed In Wrong Direction

Meanwhile, with the stalemate on the budget continuing, the PPIC Poll reports that a  record-high 75% of Californians say the State is heading in the wrong direction, which is a significant increase from January 2008 when 54% felt that way and dramatically higher than in January 2007 when 37% of Californians took that view.  Majorities of Californians hold that  feeling of pessimism about the State, across party lines, every region in the State , and every demographic group.

Their pessimism about the State’s economy has also increased greatly with 77% of Californians who expect bad economic times in the year ahead, compared to 39% who felt that way  in January 2007.

 

Majority of Californians Support Budget Reforms

With 75% of  Californians saying the State’s budget situation is a big problem and on-going budget stalemates in the Legislature, support for budget reforms that Legislative Democrats want has grown. For the first time since the PPIC Poll began asking the question in 2003, a majority of Californians (54%) say it would be a good idea to replace the two-thirds requirement for passage of the budget in the State Legislature with a 55 percent majority instead. 

 

Currently the State Constitution requires 2/3rds vote in both houses, which means 54 votes in the 80 member Assembly (controlled by 51 Democrats and 29 Republicans) and 27 votes in the 40 member State Senate (controlled by 24 Democrats and 15 Republicans with one vacancy caused by the resignation of Sen. Mark Ridley-Thomas.  That vacancy will eventually be filled by a Democrat in a special election) 

 

That means to pass a State budget in both houses – assuming all Democrats vote for it – at least 3 Republican votes are needed in each house (2 in the State Senate after the special election that fills Ridley-Thomas’ seat).

 

Approval Ratings of Governor and Legislature Drop

Governor Schwarzenegger’s approval rating is at 40%  and has changed little in recent months but is down 18 points since January 2007 and 10 points since January 2008. It now stands at the same level as in January 2006, just after the 2005 special election. Just 30% of Californians approve of Governor Arnold Schwarzenegger’s performance specifically on State budget issues. 

 

The Legislature however fares even worse with only 14% of Californians approve of its handling of the budget and taxes, and 15% approve of its handling of jobs and the economy.

Only 39% of Californians say the Governor and Legislature will be able to work together and accomplish a lot this year, with 53% saying they won’t.  

 

By contrast, 79% of Californians agree that President Obama will be a strong and capable president, and 81% say that the president and the US Congress will be able to work together and accomplish a lot this year. 

 

Californians however give the US Congress low ratings – though much higher than the California Legislature, with 37% approving the job they are doing and 56% disapproving

 

Californians Not Happy With Governor’s Proposed Budget

The poll reported that Californians are generally dissatisfied with the Governor’s over all proposed  2009-2010 State Budget and his proposed fixes for the current year budget with 59% dissatisfied, 34% satisfied.  On some of the specifics of the Governor’s proposal the poll reported:

 

TAX AND FEE INCREASES

* Alcohol excise tax: Californians support overwhelmingly by 85% in favor to 13% opposed, the Governor’s proposal raising it by 5 cents per drink

* Sales Tax Increase: A much closer majority favor the Governor’s proposed 3 year temporary sales tax increase by 1.5 cents (52% in favor, 46% opposed).

* Sales Tax of Other Services: Californians don’t like this proposal by the Governor, with only 47% in favor and 50% opposed extending the state sales tax to include services such as vehicle repair, veterinary services, and tickets to sporting events.

* Income Tax Increases: The poll reports that while Californians appear willing to help reduce the budget deficit by increasing their own taxes, larger majorities are more eager to increase the taxes of others. 72% of Californians favor raising the state income tax rate paid by the wealthiest residents and 60% are in favor of raising the state taxes paid by corporations.

* State Lottery Money – Californians are opposed (55%) to borrowing money from future state lottery income to fill the budget gap, regardless of their political party (64% of Republicans, 55% of Democrats, 53% of independents are opposed

* Vehicle license fee: A smaller, but still significant majority favor raising this fee by $12 – which was rolled back after the Governor’s election in 2003,  with 58% in favor and 41% opposed.  This fee increase was not proposed by the Governor in his proposed budget. – though Legislative Democrats have pushed for restoration of the fee. 

 

STATE WORKER PAY

Cutting state employee compensation: Residents are divided (49% oppose, 45% favor). The governor has proposed requiring employees to take two unpaid days off a month, eliminating two holidays, and changing overtime rules.

 

BUDGET PRIORITIES

As they have said since January 2008, when the deficit was much smaller,

* 44% of Californians today favor closing the State budget gap with a mix of spending cuts and tax increases rather than primarily through cuts

* 33% think the budget gap needs to be closed primarily with spending cuts

* 8% of Californians believe the gap should be closed primarily through tax hikes or by borrowing money

* 7% believe the gap should be closed by running a deficit .

* The poll reported that 60% of Californians say that public education (Kindergarten through 12th grade) is the budget area they would most like to protect from budget cuts.

* 18% of Californians list health and human services as the priority they would most like to protect against budget reductions

* 12% say higher education (community colleges, state universities and the University of California ) is their priority

* 6% of Californians say prisons and corrections should be protected from budget reductions. 

* 70%  support a strict limit on annual state spending increases (spending cap proposed by the Governor and Legislative Republicans) which is the highest level of support for this proposal since June 2003, when the poll first asked the question. 

 

The poll also reported that the Governor’s proposal to save State money by shortening the school year: is opposed by a large majority of Californians, with 63% opposing it and only 35% favoring the proposal.

 

Californians recognize that the State budget situation is grim. Although they most frequently (42%) name jobs and the economy as the most important issue for the governor and legislature to work on, 25 percent of residents say the state budget is most important—the highest percentage since January 2004 (31%).

 

BUDGET REFORM

* Lowering Budget Vote Requirement:  A protracted impasse over the state budget appears to have made Californians more supportive of reforms in the budget process, as evidenced by their increased support for changing the two-thirds threshold for budget passage to 55%  (54% in favor today, 46% in June 2003).

* Lowering Vote for Approval of Special Taxes: More Californians also favor lowering the two-thirds vote requirement on local special taxes to 55 percent. Half (50%) say this is a good idea—the highest level of support since the survey first asked this question in June 2003— while 44 percent are opposed.

 

HOUSING

Half of Californians (52%) say the housing downturn will hurt their personal financial situation a great deal (30%) or somewhat (22%). Latinos (67%), renters (59%), independents (55%), and Democrats (53%) are more likely to hold this view than whites (45%), homeowners (48%), and Republicans (43%).

 

HOW SURVEY WAS CONDUCTED

The poll’s findings are based on a telephone survey of 2,001 California adult residents interviewed from January 13-20, 2009, with interviews conducted in English or Spanish. The sampling error for the total sample is plus or minus 2%. For the 1,621 registered voters it is plus or minus 2.5% and for the 1,277 likely voters, plus or minus 3%.

 

Public Policy Institute of California is a respected, private, nonprofit organization that provides independent, objective, nonpartisan research on major economic, social, and political issues. The institute was established in 1994 with an endowment from William R. Hewlett. The organization does not take or support positions on any ballot measure or on any local, state, or federal legislation, nor does it endorse, support, or oppose any political parties or candidates for public office.

 

Photo of Marty OmotoMARTY OMOTO
CALIFORNIA DISABILITY RIGHTS PERSPECTIVES

JANUARY 23, 2009 –  Friday morning

   

People Will Get Their SSI/SSP Checks in February on Time Without Delay – So Why Is The State Controller Not Saying That?

 

SACRAMENTO [Updated 01/23/09 11:00 AM] – With bad news hitting our state nearly every day, including budget cuts proposed that will have tremendous impact on our community of people with disabilities, mental health needs, seniors and low income families and children – how is it that the State thinks it is okay to somehow pile on MORE bad news even when it is not true or misleading?

  State Controller John Chiang – a good and decent man, the highest elected Asian American official in California, and the state official in charge of paying the State’s bills, said last week – and posted on his website – a list of programs and services that could face at least 30 days delays in payments if no resolution to the budget crisis is enacted before February 1.  He also disclosed a list of programs and services that will be paid in February without any delay. 

  On his website – and on that list of payments that could be delayed included the Supplemental Security Income/State Supplemental Payment program – federal and state grants that over a million people with disabilities, the blind and seniors depend on for basic living needs. 

  On his website Chiang writes:

“Those payments that will be delayed include thousands of payments to businesses for services and products they provide to the State; to assistance for more than a million aged, blind and disabled Californians that goes to pay their rent, utilities, or put food on their tables; to State agencies that use the payments to fund critical public services, ranging from public safety to health and welfare”

  Except for one thing.  It is not true – or at least not true for February. And the State Controller’s office knows that – and so far, has failed to issue a statement that corrects the misleading information that is scaring thousands of people – or made a correction on his official website. 

TO READ COMPLETE COMMENTARY AND ACTION ALERT CLICK HERE

 

CALIFORNIA BUDGET CRISIS UPDATE:

 

PEOPLE ON SSI/SSP WILL GET FULL CHECKS IN FEBRUARY 

 

Announcement Last Week By State Controller That Many Payment Could Face Delay After February 1st Sent Shockwaves – But Initial Information Not Complete From State Controller’s Office – Advocates Critical of How Controller Released Information That They Say Is Vague or Misleading

 

SACRAMENTO (CDCAN) [UPDATED 01/21/09 8:00 PM]  -   The office of State Controller John Chiang, the statewide elected official responsible for paying California’s bills, said today (January 21)  that recipients of the SSI/SSP (Supplemental Security Income/State Supplemental Payment) program that provides small grants to low income persons with disabilities, the blind and low income seniors, will not face a delay in getting their full checks in February.   That information was confirmed by the Department of Social Services, which oversees the program.  It also appears that those persons receiving SSI/SSP will see no delay in getting their full checks in March. 

 

Chiang announced last Friday that payment of the State funding for the program - $188 million for the month of February – could be delayed.  Without any detail on his list – nor any official announcement from any other state agency – that gave the impression that people who receive SSI/SSP would see a possible one month delay in getting all or some of their checks.  His office clarified – and the Department of Social Services confirmed – that the payment Chiang referred to was to the federal government – who in turn actually cuts the checks to recipients.  However no such clarification appears yet on the State Controller’s website – nor no announcement released. 

 

Even if Chiang delays sending the federal government payment, the Department of Social Services says there will be no delay in payments to people receiving their full SSI/SSP checks in February because no 30 day notice was sent to recipients notifying them of such action. The federal Social Security Administration, which actually cuts the checks for recipients, intends to send people their full checks for February even if the State delays in sending the payment to the federal government. 

 

The Department of Social Services is not – at this point – looking at sending out any notice to people receiving SSI/SSP about any delays in getting their full checks for March.

 

Chiang Released Last Friday List of Payments to Programs to Be Delayed

On Friday (January 16th) Chiang said that “it is critical that the Governor and the Legislature enact a sound budget solution  that provides much-needed cash” by February 1, warning that “if not, the State will be $346 million in the red at the end of February, and $5.2 billion in the red in April.” The State faces on top of that, a projected budget shortfall of over $41 billion by the end of the 2009-2010 State Budget year (that ends June 30, 2010). 

 

The list of programs and services include those that have major impact to children and adults with disabilities – including those with developmental disabilities such as autism spectrum disorders, people with mental health needs, seniors, the blind, low income families and children.  That list of programs and services impacted will expand significantly by March 1st if no solution to the budget crisis  is passed and enacted.  His office has since made some corrections though still needs to post others, including those impacting people receiving SSI/SSP.

 

Three Way Stalemate Continues

Meanwhile the Governor, Legislative Democrats led by Senate President Darrell Steinberg (Democrat – Sacramento) and Assembly Speaker Karen Bass (Democrat – Los Angeles) and Legislative Republicans led by Senate Republican Leader Dave Cogdill (Republican – Fresno) and Assembly Republican Leader Mike Villines (Republican – Clovis) are still locked in a three way stalemate on how to resolve the budget crisis

 

The “Big Five” are expected to continue meetings on the budget crisis Thursday (January 22), with the Governor and Democratic legislative leaders returning from Washington DC after attending the inauguration of President Obama. 

 

Chiang Under Criticism From Advocates

Chiang, who is a Democrat, has been under strong criticism the past few days by many advocates, since his announcement last week of what programs and services faces delays in payments beginning February 1st if no resolution of the budget crisis was enacted before then.  He also announced what programs and services will continue to be paid.  His official website provided a list – but advocates complained that the list was inaccurate regarding listing “regional developmental centers” (no program exists under that title in the Department of Developmental Services) and SSI/SSP. 

 

In addition, the listing of programs and services to be paid – or face delays omits several important programs, including the Cash Assistance Program for Immigrants (CAPI).

 

Advocates also were critical of the vagueness of the list that indicated that Medi-Cal institutional (which includes developmental centers, nursing homes and intermediate care facilities, etc)  and non-institutional providers (including doctors) would be paid in February. 

 

His office indicated that non-institutional providers included adult day health, home health agencies, pharmacies and also Medi-Cal home and community based services, which if accurate, would mean that some regional center funded community-based services would be paid.  However none of that detail is listed on his announcement or his website.

 

Legal Action Being Looked At

The State Controller said on Friday that in making the list of those services and programs who will be paid – including In-Home Supportive Services workers and Medi-Cal institutional and non-institutional providers and public education – was based on whether such payments  were required by the State Constitution, federal law or court rulings as having first claim to available State general fund cash.

 

The Controller said that he will begin delaying, for 30 days, payments to all other programs that are funded out of the State’s depleted general funds.

 

 Legal action is being looked at regarding payments to programs that still face possible delay, by the Medicaid Defense Fund, which successfully forced the State to rescind nearly all of its Medi-Cal provider rate reductions this past year. 

 

. 

PROGRAM PAYMENTS THAT COULD BE DELAYED BEGINNING FEBRUARY 1, 2009

The following programs were mentioned specifically by the State Controller on January 16th as facing a delay in payments beginning February 1, 2009 if no solution to the budget crisis is passed and enacted by that date.  CDCAN Note: note corrections or clarification

 

 SSI/SSP  ***NO DELAYS FOR RECIPIENTS IN GETTING THEIR FULL CHECKS***

The federal funded Supplemental Security Income and State funded State Supplemental Payment grants to low income persons with disabilities, the blind and low income seniors

$188 million estimated payments could be delayed beginning February 1, 2009. 

CDCAN Comment:

The Controller’s office (confirmed by the Department of Social Services which actually oversees the program) clarified that the delay in payment of $188 million referred to the delay in sending that payment to the federal government’s Social Security Administration, which actually cuts the checks.  The federal government intends to cut the full checks – with no delays – to all SSI/SSP recipients.

In addition, the Department of Social Services indicated that no delays could happen for the month of February since no 30 day notice was sent to any of the recipients (see below)

In addition, Chiang’s office did not indicate whether any delay in payment would impact the Cash Assistance Program for Immigrants (CAPI) which provides SSP level grants to people with disabilities, the blind and low income seniors who are legal immigrants but do not qualify for the federal SSI program, was not mentioned in the State Controller’s announcement either as a program that will be paid or face possible delay.  The Department of Social Services – which oversees the CAPI program, believes the Controller could end up delaying payment to people in the CAPI program. 

 

 CalWORKS

California’s “welfare to work program” including Temporary Assistance to Needy Families for Basic Needs, includes specific Welfare to Work Requirements, Supportive Services such as childcare. Program includes thousands of parents and children with special needs (including disabilities)

$122 million estimated payments could be delayed beginning February 1, 2009

 

MEDI-CAL

Funded with both federal and state funds through the Department of Health Care Services.  Over 1.6 million persons with disabilities, the blind and seniors receive Medi-Cal services.

What Payments Could be DELAYED:

* County Administrative Costs (the money to counties to oversee Medi-Cal)

$22 million estimated payments could be delayed beginning February 1, 2009

CDCAN Comment: institutional and non-institutional Medi-Cal providers however WILL be paid in February.

 

REGIONAL CENTERS

Funded with both federal and state funds through the Department of Developmental Services to regional centers who in turn fund community-based supports and services to over 230,000 children and adults with developmental disabilities

$280 million estimated payments could be DELAYED beginning February 1, 2009

CDCAN Comment: As CDCAN reported on Friday the Controller listed this as “regional developmental centers” though meant “regional centers”.  Developmental Centers – which are institutional facilities and Medi-Cal (Medicaid) funded, WILL be paid in February (see below)

In addition, the Chiang’s office indicated today (January 21) that non-institutional programs included Medi-Cal home and community-based services which if accurate, would mean that some regional center funded services – those under the Medicaid home and community-based services waiver – would be paid.  CDCAN and other advocates are pushing for clarification.

 

 MENTAL HEALTH

Funding from Department of Mental Health to Counties in providing mental health treatment and rehabilitative services

$77 million estimated payments could be DELAYED beginning February 1, 2009

 

ALCOHOL AND DRUG ABUSE

Funding from Department of Alcohol and Drug Absue to the counties for providing prevention, treatment and recovery services)

$19 million estimated payments could be DELAYED beginning February 1, 2009

 

OTHER PROGRAMS THAT COULD SEE DELAY IN PAYMENTS:

 

TAX REFUNDS – PERSONAL

$1.91 billion estimated payments could be delayed beginning February 1, 2009 (for income taxes not filed by that date)

 

TAX REFUNDS – BANK AND CORPORATIONS

$81 million estimated payments could be delayed beginning February 1, 2009 (for income taxes not filed by that date)

 

CalGRANTS

Funded by the Student Aid Commission

$13 million estimated payments could be delayed beginning February 1, 2009

 

TRIAL COURTS

State funding for operation of trial courts

$205 million estimated payments could be delayed beginning February 1, 2009

 

OTHER COUNTY FUNDING (LOCAL ASSISTANCE)

Miscellaneous county (local assistance) funding

$142 million estimated payments could be delayed beginning February 1, 2009

 

STATE OPERATIONS

Unallocated (unspecified) state operations for agency utilities, leases, office equipment maintenance)

$515 million estimated payments could be delayed beginning February 1, 2009

 

 SERVICES AND PROGRAMS WHO WILL BE PAID

The following programs (or services) were listed January 16th by the State Controller indicating that they will be paid in February 2009 with some corrections noted. 

 

PEOPLE RECEIVING SSI/SSP (SUPPLEMENTAL SECURITY INCOME/STATE SUPPLEMENTAL PAYMENT)

CDCAN COMMENT – though not listed on the Controller’s website – because his office does not actually cut the checks for the people who receive SSI/SSP (the federal Social Security Administration actually cuts the checks), the Controller’s office  (confirmed by the Department of Social Services) said today (January 21) that persons receiving SSI/SSP will NOT have their full checks delayed in February. 

The Controller’s listing of SSI/SSP meant that payment to the federal Social Security Administration could face delay beginning in February.  However, the Department of Social Services, which oversees the program in California , said that a 30 day notice was required – which was not sent out – so no delay could happen, at least for the month of February. 

In addition, the federal government told the State that it would cut the full checks for people receiving SSI/SSP in February even if the State delayed sending the Social Security Administration payment due to the budget crisis, and will treat the delay in payment as a loan, with the State to be charged interest. 

 

HEALTHY FAMILIES

Funded with federal (State Childrens Health Insurance Program) and state funds through the Managed Risk Medical Insurance Board. This program includes children with special needs and disabilities who do not qualify for Medi-Cal

$30 million estimated Healthy Families program payments for February 2009 WILL be paid

 

IN-HOME SUPPORTIVE SERVICES (IHSS) WORKERS

Combination of federal, state and county funds under the Department of Social Services for the wages and benefits of IHSS workers who serve over 400,000 children and adults with disabilities, seniors and the blind.

$290 million estimated IHSS worker payments and benefits for February 2009 WILL be paid

 

 MEDI-CAL PROVIDERS

Funded with both federal and state funds through the Department of Health Care Services.  Over 1.6 million persons with disabilities, the blind and seniors receive Medi-Cal services.

$899 million estimated institutional (nursing homes, health facilities, developmental centers) and non-institutional (doctors, etc) providers for February 2009 WILL be paid

CDCAN COMMENT: though not listed officially on Chiang’s website, the non-institutional programs to be paid – according to his office – includes home health agencies, adult day health, pharmacies, and home and community based services – which if accurate, would mean some regional center funded programs that are under that Medicaid waiver. 

 

STATE EMPLOYEES, LEGISLATORS, OFFICIALS

State department employees, legislators, legislative staff and state elected officials

$815 million estimated state payroll estimated for February 2009 WILL be paid

 

OTHER PROGRAMS TO BE PAID:

 

SCHOOLS AND HIGHER EDUCATION

* School Apportionment – Revenue Limit ($1.66 billion estimated payments for February 2009 WILL be paid)

* Kindergarten through 12th Grade (K-12) Catergoricals  ($395 million estimated payments for February 2009 WILL be paid)

* Schools (Other Education) CalWORKS Stage 2 and 3, Child Development and Special Purpose ($897 million estimated payments for February 2009 WILL be paid)

* University of California ($199 million estimated payments for February 2009 WILL be paid)

* State Universities and Colleges ($203 million estimated payments for February 2009 WILL be paid)

* California Community Colleges ($386 million estimated payments for February 2009 WILL be paid)

 

 DEBT SERVICE (BONDS)

* General Obligation Bonds ($780 million estimated payments for February 2009 WILL be paid)

* Lease Revenue Bonds ($46 million estimated payments for February 2009 WILL be paid)

* Replacement of Internal Borrowing (no payments in February – next payment is March)

 

PENSIONS

Payments are paid quarterly (every three months) with the next scheduled payment scheduled for April 2009

* Public Employees Retirement System (CalPERS)

* State Teachers’ Retirement System (CalSTRS)

* CalSTRS Supplemental Benefit Maintenance Account (Budget Act Item #1920-011-0001)

 

 EXTERNAL BORROWING (NO PAYMENT IN FEBRUARY)

* Revenue Anticipation Note Series A-1 (next payment scheduled for May 2009)

* Revenue Anticipation Note Series A-2 (next payment scheduled for June 2009)

 

 OTHER

* Capital Outlay (Proposition 42 Transfer) - $8 million estimated payments for February 2009 WILL be paid

* Non-governmental Costs (counties for social welfare) - $1 million payments for February 2009 WILL be paid

* Local child support agency administration (county) and operating expenses - $19 million estimated payments for February 2009 WILL be paid

 

 

 

State Budget Crisis:

* SUMMARY OF GOVERNOR'S 2009-2010 BUDGET

* MORE DETAILS NEXT WEEK ON JANUARY 9TH

* CALLS FOR OVER $17 BILLION OF SPENDING CUTS

 * INCLUDES $14 BILLION IN NEW REVENUE PROPOSALS

* PROPOSALS NEED APPROVAL BY LEGISLATURE

* BUDGET DEFICIT AT OVER $41 BILLION

Most of the Spending Cuts Were Proposed by Governor in November and Early December - More Cuts Likely To Be Coming Next Week and In Coming Months - Department of Finance Director Calls Budget Situation "A Disaster"

SACRAMENTO (CDCAN) [Updated December 31, 2008 1:00 PM]  - Department of Finance director Mike Genest released late this morning (December 31) a 84 page summary of major parts of the Governor's proposed 2009-2010 State Budget that the Governor will officially release next week. The summary outlines - though provides no details - of over $40 billion in proposed solutions including $17 billion in spending cuts and about $14 billion in revenues, with significant reductions proposed for health and human services. The budget deficit is now estimated to be over $41 billion by the end of the 2009-2010 State Budget year (June 30, 2010).

Download copies of budget documents released December 31: 

COPY OF GOVERNOR'S 84 PAGE BUDGET 2009-2010 SUMMARY (CLICK HERE) 

COPY OF 2009-2010 GOVERNOR'S BUDGET - GENERAL FUND WORKLOAD REVENUE FORECAST (CLICK HERE)

COPY OF DOCUMENT TITLED "CONTINUING WORK OF THE CALIFORNIA PERFORMANCE REVIEW" (CLICK HERE) 

COPY OF DOCUMENT TITLED "PROTECTING FUNDING FOR THE CLASSROOM IN A CHALLENGING FISCAL ENVIRONMENT" (CLICK HERE) 

COPY OF PROPOSITION 98 GENERAL FUND OPTIONS DOCUMENT (CLICK HERE) 

Also (previously released in November and still part of Governor's proposed solutions): 

COPY OF GOVERNOR'S SPECIAL SESSION 2008-2009 PROPOSALS (CLICK HERE)

Most of the proposals include those the Governor earlier released in November and early December for the special session of the Legislature - proposals which the Legislature has not yet acted on.

Democrats Passed A Plan In December - But Governor Threatened Veto 

However the Legislature did pass a Democratic plan that contained a mixture of over $7.3 billion in spending cuts and $9.3 billion in revenue increases that the Governor said earlier this month he would veto because it went too far on revenues and not far enough on spending cuts and failed to provide incentives he wanted for businesses that he felt would improve the economy - and revenues. The Democratic plan as passed - without the need for Republican votes - did not include any cuts to In-Home Supportive Services, mental health or Medi-Cal.

The Democratic plan - contained in a package of about 16 bills, is still waiting to be sent officially to the Governor until a deal can be worked out with the two Democratic leaders and the Governor. Talks will continue in the coming days.

The Legislature and the Governor - even if the Governor withdraws his veto threat and the Democratic plan is approved - still will need to tackle how to resolve the $20 billion or so remaining deficit - which Genest and other state officials says will grow worse unless immediate action is taken. The Governor and both Democratic and Republican legislative leaders have previously agreed that resolving the remaining deficit will mean more major spending cuts - though Democrats and the Governor also want more revenues - though differ on how that should be achieved.

Never Before Has Budget Information Been Released Officially So Early

Never before has budget information for the next budget year been formally released - even in summary form - so early and on the eve of New Years Day - and the unscheduled press conference by senior Schwarzenegger Administration officials and budget staff reflects what the Governor said earlier that the State was facing as "fiscal Armageddon".

The release of this budget information at this point is being viewed as another step in a much longer budget process that will likely mean more details and proposed cuts in the coming months, including May.

The Governor previously warned, as did Genest today, that continued inaction on resolving the budget crisis will make the situation worse - and would result in the need for even deeper cuts.

State Controller John Chiang yesterday released a bulletin that warned that California would run out of cash by March 1st and unable to pay its bills to many vendors, including those who provide community-based services to children and adults with disabilities, mental health needs, seniors and low income children, unless the Legislature and Governor took immediate action to resolve the budget crisis.

No Details In Budget Summary 

The budget document released today did contain some new proposals that established spending reduction targets without detailing how those targets would be met, including $334 million impacting regional centers. The Governor's proposals declined to label those targets as a reduction at this point - but a target to keep spending at the level it was budgeted for the current 2008-2009 State Budget year.

Genest did say that the Governor's proposal does not call for the suspension of the 1988 Proposition 98 - the school funding guarantee in the State Constitution, but would fund public education at the mininmum required by the proposition for the 2008-2009 and 2009-2010 State Budget years. Education advocates say that would result in reductions in spending however. It is not certain how those reductions will impact special education for over 650,000 children with disabilities and other special needs.

Other details and proposals will be released when the Governor releases his budget officially next week on January 9th, Friday.

Genest, who oversees the department that puts together the Governor's budget, said in an unscheduled press conference this morning at the State Capitol that the Governor believes that the immense size of the budget deficit means that "we have to solve this problem with every tool available" including tax increases and spending cuts.

He said the major part of the solutions to bridge the budget gap - estimated at over $41 billion by the end of the 2009-2010 State Budget year (June 30, 2010) is spending cut which he said the Governor felt was "appropriate" because the State cannot spend more than what it brings in as revenue.

Asked by a reporter if the proposals released today that call for massive cuts and also significant revenue increases is meant to drop a "doomsday scenario" to force the Legislature to act, Genest said that "It wasn't us that dropped the dooms day scenario on the Legislature - it was the economy." He said he expected further updated budget numbers to be released in the coming weeks to be a "disaster".

NEXT STEPS

LEGISLATURE

* No legislative hearings or floor sessions this week.

* Legislature will reconvene on January 5th, after failing to come to any agreement on how to resolve the budget crisis in November and this past month.  Hearings on the latest proposals are not likely – since most of them have been heard before, though any new proposals could be heard.  Since a package of bills containing major cuts and revenue increases has already been passed by both houses – but remain in limbo due to the threat of the Governor to veto it – it is likely that the Legislature will wait on a deal that can possibly be reached with the Democratic leaders and the Governor before moving forward on other budget issues. 

* Floor sessions will likely be called on the budget crisis when the Democratic legislative leaders and the Governor come up with a budget deal on the package of bills that Democrats passed earlier this month.  The leaders and the Governor are hoping for a deal that will resolve the immediate crisis that – if not addressed – could mean the State will run out of cash and not able to pay its bills as early March 1.

* The Democratic Legislative leaders – Assembly Speaker Karen Bass (Democrat – Los Angeles) and Senate President Pro Tem Darrell Steinberg (Democrat – Sacramento) will continue their talks with the Governor in hopes of working out a solution to a package of bills passed by the Legislature earlier this month that they hope would cut the deficit almost in half.  The Governor is hoping to persuade the Democrats to include more incentives for businesses that he feels would increase revenues – and also wants deeper spending cuts.  It is possible that some of the new proposals – such as the $334 million targeted savings for regional centers – could be included in any new deal reached between the Democratic leaders and the Governor (though that $334 million proposal doesn’t require approval of the :Legislature since no details will be provided until May). 

* The Democratic plan, passed with only Democratic votes in both houses, contained new revenue increases that went beyond what the Governor proposed – and was written in such a way that by-passed the need for Republican votes.  Republicans protested the move and predicted the revenue increases would be overturned by the courts. 

GOVERNOR

* Will deliver next week his annual “State of the State” address to both houses of the Legislature and then release the details of his proposed budget for 2009-2010 on January 9th

* Will continue talks with the two Democratic leaders (the Governor is still out of State and is conducting those talks by phone or  video conferencing)

 

CDCAN SUMMARY OF MAJOR PROPOSED HEALTH AND HUMAN SERVICES CUTS

Note: more proposed cuts and details will likely be available next week when the official Governor’s budget will be released for 2009-2010 (January 6th) and also when he releases his proposed revisions to that budget in May (referred to as the “May Revise” or the “May Revision”).

 

SSI/SSP (SUPPLEMENTAL SECURITY INCOME/STATE SUPPLEMENTAL PAYMENT)

CASH ASSISTANCE PROGRAM FOR IMMIGRANTS (CAPI)

CDCAN Note: These are federal/state grants to the lowest income people with disabilities, the blind and seniors. The CAPI program is for about 10,000 low income persons with disabilities, the blind and seniors who are legal immigrants but do not qualify for the federal SSI program.  These proposals were previously proposed by the Governor in November.

* Rollback of SSI/SSP Grant Level & Elimination of CAPI Program  - A reduction of $200.1 million in 20082009 State Budget year  and another $1.247 billion in 20092010 in the SSI/SSP  program by reducing the SSP grant (state payment) to the federally required minimum and eliminating the Cash Assistance Program for Immigrants.

* SSI/SSP Cost of Living for June 2010: Reduction of $27 million in 20092010 by suspending the June 2010 state Supplemental Security Income/State Supplementary Payment (SSI/SSP) cost of living

If approved, the yearly reduction (or savings to the State general fund)  resulting from this reduction of the cost of living money  is estimated  by the Department of Finance to be $323.9 million beginning in 201011.

* Other: Reduction of $14.6 million due to delaying by six months the replacement of Los Angeles County 's automated benefit and eligibility determination system.

 

IN-HOME SUPPORTIVE SERVICES

CDCAN Note: Most of these reductions were previously proposed by the Governor in November.

* Reduction of $62.7 million in 20082009 State Budget year and reduction of $384.2 million in 20092010 State Budget year by providing non-medical IHSS services to the neediest IHSS recipients, eliminating the state’s share of cost contribution for the “leastneedy IHSS recipients”, and reducing the state participation (state funding)  in IHSS worker (provider) wages to the state minimum wage.

 

MEDI-CAL

CDCAN Note: Most of these reductions were proposed earlier by the Governor in November and December.

Overall Medi-Cal Program proposed reductions of $50.8 million for the 2008-2009 State Budget year and another $668.7 million for the 2009-2010 State Budget year for various changes to Medi-Cal eligibility and changes to Medi-Cal services. 

* Medi-Cal Optional Benefits – Proposed reduction of $39.4 million ($19.7 million of that State General Fund money) in the 2008-2009 State Budget year and another $258.8 million ($129.4 million of that in State General Funds) for the 2009-2010 State Budget year by permanently eliminating certain Medi-Cal optional benefits for adults, including dental, optometry, psychology services (previously proposed by Governor in November)

* Medi-Cal Aged, Blind and Disabled Program Eligibility & Share of Cost – proposed reduction of $28.6 million ($14.3 million of that State General Fund money) for the 2008-2009 State Budget year and another $371.6 million ($185.8 million of that State General Funds) for the 2009-2010 State Budget year by rolling back eligibility for this specific Medi-Cal program to what it was in 2001, which would mean anyone who did not meet that eligibility standard would be required to pay a Medi-Cal share of cost. 

* Medi-Cal 1931(b) Program – Proposed reduction of $5.2 million ($2.6 million of that State General Fund money) for the 2008-2009 State Budget year and another $176.4 million ($88.6 million of that State General Funds) for the 2009-2010 State Budget year by reducing income eligibility for the Medi-Cal 1931(b) program and changing eligibility for two parent families by revising “under-employment”.

* Medi-Cal Reimbursement Rate to Public Hospitals – proposed reduction of $54.2 million in State General Funds and an increase of $54.2 million in federal funds in 2009-2010 State Budget year by reducing reimbursement rates for public hospitals and instead using the federal funds for particular public health programs.

* Medi-Cal Limited Scope Services For Immigrants – Proposed reduction of $4.4 million ($9.4 million in State General Fund money and increased federal dollars of $5 million due to “diminished recoupments” for the 2008-2009 State Budget year and another $64,4 million ($139.9 million State General Fund and increased federal funds of $75.3 million) in the 2009-2010 State Budget year by providing “limited scope” Medi-Cal services to newly qualified immigrants and immigrants who permanently reside in the State “under the color of law”.

* Medi-Cal Eligibility for  Undocumented Immigrants – proposed reduction of $9.6 million ($4.8 million of that State General Funds) in the 2008-2009 State Budget year and another $142.4 million ($71.2 million of that State General Fund money) in the 2009-2010 State Budget year by implementing a month to month eligibility requirement for undocumented immigrants, except for emergency health cases. 

* Medi-Cal Fee for Service Providers – A proposed “shift” of $85.5 million from the 2008-2009 State Budget year to the 2009-2010 State Budget year by implementing one month delay in “checkwrite” payments to Medi-Cal fee for service providers. This proposal is in addition to a previously authorized two week delay under current State law.

* County Administration Cost of Living - A proposed reduction of $24.7 million for suspending the state law that requires cost of living money for County Administration in the MediCal Program.

 

REGIONAL CENTERS (DEPT OF DEVELOPMENTAL SERVICES)

CDCAN Note: The 3% reduction was previously proposed in November by the Governor.  Details on how to keep spending by regional centers at the 2008-2009 State budget level – meaning  finding ways to reduce an anticipated growth in spending that is projected to be over $334 million that could mean major reductions – won’t be released until May by the Governor. 

* 3% Reduction - A proposed reduction of $24.6 million in 20082009 State Budget year for regional centers,  and another reduction of  $60.2 million in 20092010 State Budget year, due  to a 3% “discount of payments” made to service providers by regional centers and a reduction of regional center operations costs by 3% effective February 1, 2009 if approved by the Legislature.  .The “discount of payments” would mean that providers would see a reduction in their reimbursements from the regional center by 3%, with some exceptions, proposed to take effect February 1, 2009 if approved by the Legislature.  The savings (or reduction) in this proposal also reflects a reduction of $4.1 million in the 2008-2009 State Budget year and another $12.2 million in the 2009-2010 State Budget year to adjust for the proposed reduction of the State Supplemental Payment (SSP) to the federal minimum.  .

* Caseload and Utilization (Use of Services) Target – the Governor has not yet made an actual proposal to not fund the caseload for regional centers – something that if done would mean a suspension of the landmark Lanterman Developmental Disabilities Services Act, but his budget proposal today is establishing a “savings target” of $334 million for regional centers.  His budget proposal today would require the Department of Developmental Services, which oversees the regional centers and developmental centers to work with stakeholders in the coming months (probably during January through early or late March) to develop proposals to keep spending at the 2008-2009 State budget level and “achieve the targeted savings while maintaining the entitlement and ensuring program and service integrity”.  The Governor would then release his actual proposal to control regional center spending, when he releases his revisions to his proposed budget in May. 

 

MENTAL HEALTH

CDCAN Note: Governor previously proposed this reduction in December.

* Proposition 63 Mental Health Services Act Funds – Proposes a reduction of $226.7 million State General Fund money  in the 20092010 State Budget year  by instead funding Mental Health Managed Care with Proposition 63 funds.  This requires amending the nonsupplantation requirement of the Mental Health Services Act (Proposition 63) to allow the use of Proposition 63 funds for Mental Health Managed Care, meaning it would have to be approved by voters sometime in 2009.

*  Governor’s proposal would also require the Department of Mental Health will work with the counties and other stakeholders on changes necessary to provide “greater local flexibility regarding the maintenance of effort and nonsupplantation requirements of the Act. Implementation of this proposal will require passage of a voter initiative.

 

CALWORKS

CDCAN Note: this is California ’s welfare to work program that impacts thousands of children with special needs and disabilities, including thousands of parents who have special needs, including mental health needs.

* Cost of Living: Reduction of $79.1 million in 20092010 State Budget year by suspending the CalWORKs cost of living due July 2009.

*  Pay for Performance Program: Reduction of $40 million in CalWORKs in 20092010 State Budget year by suspending the Pay for Performance county incentive program.

* CalWorks Grants and Safety Net Program - a proposed reduction of $123.5 million in 20082009 State Budget year and another $696.9 million in the  20092010 State Budget year for the by reducing by 10% the monthly assistance CalWorks payments and by changing the CalWorks Safety Net program to reward working families who are fully participating in federal work requirements with continued maximum Safety Net benefits, imposing a 60month time limit on assistance for certain childonly cases, implementing a sixmonth self sufficiency review requirement to engage families who are not participating in work requirements,

 

CALIFORNIA FOOD ASSISTANCE PROGRAM

* Reduction of $37.8 million in 200910 from eliminating the California Food Assistance Program effective July 1, 2009.

 

CALIFORNIA CHILDREN AND FAMILIES FIRST COMMISSION

CDCAN Note: this proposal was proposed by the Governor previously for the December special session of the Legislature.

* Proposed a reduction of $275 million through elimination of the California Children and Families Commission and “redirection of all state funds and 50% of local funds to

support children’s programs administered by the Department of Social Services.”  The Department of Finance said that this reduction would target resources to “highpriority state programs that would otherwise require General Fund support, while also allowing some funding to be retained by counties to continue to fund local priorities” and that this proposal does not impact local fund reserves.  Would require voter approval. 

  

California Budget Crisis:
* GOVERNOR'S VETO THREAT
* BUDGET CRISIS CONTINUES
* NEXT STEPS UNCERTAIN

Governor and Democratic Leaders Likely To Talk On How To Resolve Crisis – Delay in Resolving Crisis Increases Size of Budget Deficit Now Projected At Over $41 Billion By End of June 2010 – Major Impact to People With Disabilities, Mental Health Needs, Seniors

Photo of Governor Schwarzenegger at December 18, 2008 Press ConferenceSACRAMENTO (CDCAN) - California’s budget crisis, with a deficit projected at over $41 billion by the end of the 2009-2010 State Budget year (June 30, 2010) continues, with Governor Arnold Schwarzenegger vowing to veto the $18 billion Democratic deficit reduction plan – contained in a package of 16 different bills passed earlier today that by-passed the need for Republican votes.Both houses adjourned late Thursday afternoon (December 18th) and the special session called by the Governor officially ended. Legislators left town and are not scheduled to return to the State Capitol until January 5, 2009.

It is not certain what happens next if the Governor carries out his threat to veto the bills. He could call another special session and declare another “fiscal emergency” that would force the Legislature back sooner than January 5th – or he could call a special session when they are back in Sacramento in January.

Threatened Veto Brings Another Element of Uncertainty To Growing Budget Crisis

His threatened veto brings yet another element of uncertainty in a budget crisis that many are saying is the worst that California has ever faced. The next steps now are uncertain, though nearly every State official, including the Governor, State Treasurer and Controller, and legislative leaders from both parties say time is running out and each day delay is making the crisis worse, adding millions to the size of the deficit each day.

It also worsens the cash flow situation, with the prospect growing that the State will run out of money by the end of February and March – and unable to pay its bills. That has major impact to all California, but also to thousands of community-based organizations, facilities and workers who provide supports and services to children and adults with disabilities, mental health needs, seniors, low income families and others.

State Treasurer Bill Lockyer, a Democrat, issued a statement that warned of the severe consequences to the State if the Governor carried out his veto threat saying that “the plan passed by the Legislature is a significant step forward in the effort to solve our budget crisis. Its enactment would send a positive signal to the capital markets that California, at long last, has mustered what it takes to start down the road to sound fiscal health. Its rejection would leave us in even worse shape tomorrow than we are today. Investors are growing increasingly frustrated with California’s chronic budget mismanagement and political paralysis. If we throw away an $18 billion solution, under these circumstances, investors will throw up their hands in disgust, and we likely will suffer the humiliation of seeing our credit rating sink even lower.”

Governor Says He Is Willing To Continue Talks With Legislative Leaders

The Governor, in a press conference today after the passage of the Democratic deficit reduction plan, said he was willing to continue talks with Democratic legislative leaders – Senate President Pro Tem Darrell Steinberg (Democrat – Sacramento) and Assembly Speaker Karen Bass (Democrat – Los Angeles) over the next several days to resolve the crisis.

The plan by the Democrats made $7.3 billion in spending cuts to education, health and human services including regional centers, CalWORKS, and SSI/SSP – though not to Medi-Cal and In-Home Supportive Services. It also raised new revenues of $9.3 billion. The cuts are nearly identical to what the Democrats proposed on November 25th (see previous CDCAN report for details). Legislative Republicans presented the outline of their deficit reduction plan on Monday (December 15th) that called for deeper spending cuts and no tax increases. That plan was heard in the Assembly Budget Committee and also parts of it were heard in Senate Budget Subcommittee hearings on Tuesday (December 16). No floor vote on the Republican proposal has been scheduled yet in either house.

The Governor said the Democratic plan did not go far enough in proposals he wanted to improve the economy and for deeper spending cuts. He also said it went too far in raising taxes.

Schwarzenegger said that “To me what is important is that we raise the revenues that we need, because we need extra revenues. And what’s also important is that we make the necessary cuts. But what they have done is exactly the opposite. They cut the cuts down and they increased the revenues that we were negotiating.”

Situation Similar To Threatened Veto By Governor Over Budget In September

The situation now is similar to some extent to the budget compromise passed by the Legislature – with Republican support – in September after a nearly three month stand-off. The Governor after the vote, threatened to veto the compromise plan. The Governor, after meeting with legislative leaders, pulled back his veto threat after Democrats agreed to his concerns. The Democratic leaders called the Legislature back into a one day session to pass some additional bills that contained provisions addressing the Governor’s concerns. With those bills – he withdrew his veto threat and signed the main budget bill and the budget trailer bills on September 23.

The situation is different in one significant way – Legislative Republicans are strongly opposed to the Democratic deficit reduction plan and especially the increase in revenues that by-passed the need for their votes – a maneuver they say is “illegal” and predicted that it would overturned by the courts if it were enacted.

SOME POSSIBLE NEXT STEPS

There are probably an infinite number of next possible steps – and some probably totally unexpected – that the Governor and Democratic legislative leaders could take in the coming days.

* GOVERNOR COULD WITHDRAW VETO THREAT - The Governor and the Democratic legislative leaders could meet in the next few days – as seems likely – and resolve their differences in the coming days. If they could come to agreement, it would likely mean the Legislature coming back for at least a day to pass additional legislation – like they did in September. Then the Governor could withdraw his veto threat and sign the package of bills. The package of bills has not yet been sent to the Governor .

* GOVERNOR COULD VETO THE BILLS – AND FORCE LEGISLATURE BACK – The Governor could actually veto the bills that will be sent to him. He could then issue a new order that calls the Legislature back into a new special session (it would have to be a “new” special session since both houses officially adjourned after the vote today, officially ending the special session that the Governor called on December 1.

* GOVERNOR COULD VETO BILLS AND DECLARE NEW “FISCAL EMERGENCY” – The Governor could actually veto the bills that will be sent to him and then issue a new proclamation declaring a “fiscal emergency” which he issued on December 1st. That declaration, under the State Constitution, required the Legislature to meet in special session and within 45 days of the emergency being declared, would be required to send a bill or bills addressing the emergency to the Governor.

If they failed to send him a bill or bills addressing the emergency, the Legislature could not adjourn or take up other business.

While the legislature has passed today (December 18th) bills that address the emergency, they have not yet sent them to the Governor. Once those bills are sent to the Governor – even if he disagrees with it – it essentially meets the requirements of the declaration of the “fiscal emergency”.

Most likely the Governor would need to issue a new proclamation declaring a “fiscal emergency” in order to require the Legislature back into a new special session. If the Governor issues a new proclamation declaring a “fiscal emergency”, the 45 day clock would be reset.

* LEGISLATIVE LEADERS COULD CALL LEGISLATURE BACK – On their own, the Democratic legislative leaders could call the Legislature back into regular session (the special session called by the Governor was officially adjourned and ended today after the vote on the Democratic deficit reduction plan) and pass additional bills to address the Governor’s concerns or to pass an entirely new package of bills.

* DO NOTHING UNTIL JANUARY 10th – Both houses could simply remain adjourned and return on January 5, 2009 to convene the regular session and take action then or after the Governor releases his proposed State Budget for 2009-2010;. That proposed budget is almost certain to contain additional (and larger) mid-year budget spending cuts in addition to more deeper and larger spending cuts in the 2009-2010 State Budget year that begins July 1, 2009 and ends June 30, 2010.

REACTIONS FROM LEGISLATIVE LEADERS ON GOVERNOR’S VETO THREAT

SENATE PRESIDENT PRO TEM DARRELL STEINBERG:

“Californians expect the Legislature to solve the state’s problems and that’s what we began to do tonight. Democrats passed a responsible plan that reduced the budget deficit by $18 billion, but the Governor rejected it for reasons that have little to do with the deficit itself.

It would be easy to fire back at the Governor for his insults.

I’m damn proud of what the Legislature did today.

Is there any other credible, politically acceptable plan put forward by anyone to make an $18 billion-plus dent in California's budget deficit?

The answer is no.”

Steinberg on December 17th, when proposing the Democratic deficit reduction plan with Assembly Speaker Karen Bass (Democrat – Los Angeles) said:  “Desperate times don’t call for desperate measures; desperate times call for creative thinking,” Steinberg said. “As the majority party, Democrats are responsible for governing the state – by solving $18 billion of the budget deficit we are showing Californians that we take that responsibility seriously.”

ASSEMBLY SPEAKER KAREN BASS:

“I am frankly surprised how willing Governor Schwarzenegger is to push California over a cliff when he clearly is not fully aware of what the bills we passed today do. The governor said we didn't do economic stimulus. We did $3 billion worth of bond acceleration to get job-creating infrastructure projects moving for transportation, drought relief, park restoration and green technologies.

He [the Governor] said we didn't address CEQA-- we expedited CEQA for transportation projects and surplus property and we eased restrictions for hospital construction. All these actions will also help create jobs.

He said we didn't address public private partnerships. We expanded public private partnerships - despite opposition from labor. Yesterday the state's Pooled Money Investment Board said they were stopping 2000 transportation projects in the state, which means a potential loss of thousands of jobs. Those projects weren't stopped because of economic stimulus they were stopped because of California's cash crisis--the cash crisis that the majorities in the Assembly and Senate addressed today passing an $18 billion package of solutions.

California's Treasurer warned today that there would be further dire consequences from Wall Street if Governor Schwarzenegger threw away the solutions passed by the legislature. I am surprised that warning alone didn't give the governor pause enough to thoughtfully consider bills that haven't even reached his desk yet.

The governor's haste is a waste of $18 billion in solutions that could have helped with our cash crisis and our budget deficit. The governor claims he wants to negotiate but then says things must be exactly as he wants. That is astonishing given the crisis we face. We are now waiting anxiously to see what the next step will be from a governor who has consistently been unable to produce even a single vote for a single budget solution.”

SENATE REPUBLICAN LEADER DAVE COGDILL”

[CDCAN Note: did not issue any official statement in reaction to the Governor’s veto threat – this statement is a reaction to passage of the Democratic deficit reduction plan. Assembly Republican Leader Mike Villines did not issue a statement yet]

"This shaky proposal amounts to a lump of coal for California taxpayers this holiday season. This illegal plan is a direct assault on the will of the people who have consistently supported a supermajority vote of the Legislature to raise taxes.

The only bright spot in our weak economy has been declining gas prices and this scheme would hike prices back up at the pump while unraveling voter-approved protections for transportation funding. Raising the sales tax by three-quarters of a cent will result in tens of thousands of jobs lost in our state – an egregious move when California already has the third highest unemployment rate in the nation. It’s not surprising that lawmakers with out-of-control spending addiction would add insult to injury to hard-working Californians by also imposing a ‘tax on taxes’ with an income tax surcharge.

Rebuilding our economy must be our top priority. Helping businesses and jobs flourish in California will result in a robust state treasury. The Democrat plan kills jobs and balances the budget on the backs of Californians already worried about losing their jobs and homes."

COMPLETE TRANSCRIPT OF GOVERNOR SCHWARZEGGER’S PRESS CONFERENCE

The Governor’s press conference in reaction to passage of the Democratic deficit reduction plan was held Thursday late afternoon (December 18) just after 4:30 PM at the State Capitol:

OPENING REMARKS BY THE GOVERNOR:

Good afternoon, everybody. Well, we had a wonderful, happy menorah lighting, right? But we had a terrible budget that they sent down to me and so, therefore, I will not sign the bills that were sent down to me.

I was very disappointed. I thought that when we negotiated that we negotiated a very balanced kind of a compromise where we agreed to raise revenues and increase revenues and also make the necessary cuts and also have a very, very strong economic stimulus package, or recovery package, right along with a bill that will help people stay in their homes for an extra 90 days, those that have to go into foreclosure. And really, the whole idea was that we help the people as much as possible in these very terrible times.

But this proposal that they have sent down and this package that they are sending down does really only one thing and this is punish the people of California. We are asking the people of California, they are saying, you pay more fees, you go and we make the cuts and you will go and have to suffer the consequences of those cuts.

But we are not willing to look inside government and make the necessary changes so we can create a stimulus package, an economic stimulus package and an economic recovery package so we can put people to work and have public-private partnerships and make the necessary cuts in all of those things.

So it fell short on every single level. I thought that when they were talking about that they can’t negotiate with the Republicans, that they’re not serious.

I remember in one of the meetings I said to myself, well, let’s give them the benefit of the doubt and let me negotiate with them and work something out and do a revenue package that does not increase taxes but just fees. But we did that, we negotiated and we negotiated. And I think that the special interest groups were just more powerful again and convinced them to turn the clock backwards and that’s exactly what they did.

And so I cannot sign this.

Maybe they have done everything they could, but I think that they should stay here, work some more on this budget. I’m willing to stay here and I don’t think that anyone should go and celebrate Christmas, none of the legislators and have people out there suffering. I think that the legislature owes it to the people of California to solve this problem before Christmas, so I will urge them to stay here.

And so anyway, if you have any questions about any of this, please feel free.

QUESTION & ANSWERS

QUESTION: More specifically, Governor, what would you like to see in this thing that’s not there?

GOVERNOR: Well, we made it very clear what our definition of an economic recovery package is. We’ve got to go and have public-private partnerships. We’ve got to go and –

QUESTION: Did they have those?

GOVERNOR: Well, read through it. You see, that it is one thing, when you say economic recovery package. But then read through it. It actually doesn’t do anything and it makes it more difficult, actually, to do certain projects. And we will give you a briefing on the details—Will Kempton can take you through the infrastructure package and all of those kind of things. They have not at all addressed the CEQA. They have not at all addressed the public-private partnerships. They have not addressed at all that we can go and—as a matter of fact, they made it tough, that we can lay off people. They even said that we have to ask labor if we can have the furloughs that we recommended.

I mean, think about all of those things. They have not given us anything to keep the people in their homes for 90 more days. In every area that you look, it was all about—you know, they call it economic stimulus, but then there’s nothing there. They call it CEQA reform, but there’s no CEQA reform. It makes it actually more tough to build. So they were really not sincere and serious about this whole thing. And it’s again one of those things, I think, that they have to get to the cliff and fall off in order to really take this seriously.

QUESTION: Governor, the Treasurer said in a statement earlier that if you rejected it, it would leave us, “In even worse shape tomorrow than we are today.” And there are also Democrats who said you shouldn’t reject it just because you didn’t get everything you want. So can you talk about what condition the state is in?

GOVERNOR: The state is in a terrible condition and I think that if the legislature continues not acting on these problems that we have, I think that, as I said, we are going towards a financial Armageddon and a fiscal Armageddon. And I think that the whole country is looking at the state now and saying, you know, this legislature is dysfunctional.

QUESTION: Governor, what’s your take on the claims that the tax increase method used today is illegal, or unconstitutional?

GOVERNOR: Well, I always made it clear that I don’t get into those kinds of debates. I let someone else do that. To me what is important is that we raise the revenues that we need, because we need extra revenues. And what’s also important is that we make the necessary cuts. But what they have done is exactly the opposite. They cut the cuts down and they increased the revenues that we were negotiating.

So it’s like—you know, it’s amazing to me to see that. And now I understand when Republicans say they say that they are serious about negotiating, but when it comes down to the language itself, that’s where it will fall apart. And that’s exactly what happened this time.

QUESTION: Governor, Darrell Steinberg said that he talked to you last night or the night before and the way he characterized the conversation it sounded like you guys were on the same page. What happened?

GOVERNOR: First of all, let me just say that from day one I always made it clear to Senator Steinberg and also to Speaker Bass that I will be willing to sit down with them and negotiate. But it is clear that I need my, exactly what I recommended, economic recovery package and that I need also the one that helps people stay in their homes if they have a problem with foreclosure. And also, that we have to go and do the kinds of things, the kind of cuts that we recommended and also the fees that they have proposed. Let’s stay with that, I said. Put this to bed, write it down, work with our team.

And we negotiated and sat down and they always wanted to reduce the spending and they always wanted to reduce the economic recovery package. And I said I would not sign the budget - “I just want you to know, I don’t want you to be upset about this now.”

I said, “If you don’t do exactly what we have proposed and if you try to water it down, it is not an economic recovery package. It’s just a bogus thing that just makes it appear to the people that we are doing something to bring back jobs.” I said, “But I want to create 200,000, 300,000 jobs immediately,” not wipe out 200,000 jobs, which they just have done. So that’s what I want to do.

So I made it very clear to the senator that I will not sign if he starts moving things around and changing everything. I also made it clear to him, I said, “Okay, if you cannot do and if you need something for later for negotiations with the Republicans when it comes to the meal and rest period, let’s leave that off for right now. I’m more than happy to compromise.” And also the flex time. I said, “I’m more than happy to compromise on that,” I said. “But leave everything else intact.”

And obviously, they didn’t. Because they thought that, you know, I’m going to sign it, that they were going to put the pressure on it. I could see what was going on the last few days. You know how they had the outsiders from the Democratic Party attacking, like Perata and Mulholland and all those guys making their statements. I know what’s going on out there. It was very clear that they thought they were going to put the pressure on us.

Let me tell you something. The only pressure that I feel is not from the legislators. The pressure I feel is from the people. We’ve got to act on behalf of the people. And what we have to do is, we have to create jobs as quickly as possible, stimulate the economy, keep people in their homes and make sure that our economy comes back and that we don’t go out and punish people with extra fees and taxes and all those kinds of things, punish them with cuts in various different programs and not do anything as a state.

I mean, the legislature is not even willing to go and make cuts in their programs. And in their office, 3% last year, when everyone else took a 10% haircut. So I think that it needs a lot of work here in this building still.

QUESTION: Governor, Senator Steinberg said that they got the job done, he says you should take down your sign. Does this in any way open you up to criticism that they gave you a package that could have solved an $18 billion hole and that you chose to veto it?

GOVERNOR: I know he said, “We acted; the Governor should take down the sign.” There is acting and there is acting. Let me tell you something, that was terrible acting—terrible acting. So the sign will not come down. The sign will stay there and I hope that they go back to the drawing board and take this more seriously rather than playing games. Thank you very much. Thank you.

[end of press conference]

 

California Budget Crisis – Breaking News:

* Democratic Budget Crisis Bill Vote Delayed

* Both Houses Now Scheduled to Meet Thursday

* Democratic Plan Calls for $7.3 Billion In Cuts

* Would Increase Revenues By $9.3 Billion

 Legislature Meets As State Halts $4 Billion Of Construction Projects

 

 SACRAMENTO (CDCAN) [Updated 12/17/08 09:45 PM]  -  With a threatened possible veto by the Governor, action on the Democratic budget proposal that would need only a majority vote to pass, scheduled to happen late Wednesday evening, was delayed until at least Thursday morning (December 18) until concerns with the Governor can be worked out. Both the Assembly and State Senate are scheduled to meet at 9:00 AM Thursday morning, though that time could change depending on how negotiations with the Governor fare.

 

 Details of objections of the Governor were not made public, but reportedly centered around forcing the Democrats to include reforms impacting regulations and labor laws that business groups have been demanding – and which were included in the legislative Republican plan earlier this week.  Democrats have strongly opposed those reforms. 

 

 The Democratic plan, which could change when it comes up for a vote on Thursday, would by-pass the need for Republican votes by crafting legislation that raised revenues without directly raising taxes in solutions to close the State’s growing $15 billion shortfall.  The proposed solutions total $7.3 billion of spending cuts – including cuts to take effect during this current budget year that ends June 30, 2009 and $9.3 billion in new revenues. The $18 billion package includes also $1.5 billion in other solutions. Those totals could change however depending on what agreements – if any – are made with the Governor. 

 

 The budget plan was presented Wednesday by Senate President Pro Tem Darrell Steinberg (Democrat – Sacramento ) and Assembly Speaker Karen Bass (Democrat – Los Angeles ). While the spending cut portion of the plan is nearly identical what they presented for a vote on November 25th, which failed passage in both houses – the revenue increase plan is new and contains a mixture of fund shifts, fees and changes to some tax laws.

 

 Anti-tax groups say the revenue plan is illegal.  But Senate President Pro Tem Steinberg said the Legislature’s legal counsel (the Legislative Counsel) issued a 13 page opinion that appears to support his contention that taxes can be levied on a majority vote so long as they are offset with reductions in other taxes.

 

 The $18 billion package however does not address the full projected deficit or the deficit that is projected for the 2009-2010 Budget year.

 

 Nearly all of the spending cuts are identical or similar to what the Democrats proposed on November 25th..  There were no cuts to In-Home Supportive Services (IHSS) or Medi-Cal.  Major cuts centered around education.

 

 Senate President pro Tem Darrell Steinberg and Assembly Speaker Karen Bass announced the new Democratic proposal earlier today.

 

 Steinberg said that “Desperate times don’t call for desperate measures; desperate times call for creative thinking. As the majority party, Democrats are responsible for governing the state – by solving $18 billion of the budget deficit we are showing Californians that we take that responsibility seriously.”

 

 State Projects Halted

The vote comes as state board responsible for overseeing funding for state construction projects voted earlier today to halt over $4 billion in spending, effectively stopping nearly all state funded construction (infrastructure) projects throughout the State.  The impact of that decision – which State Treasuer Bill Lockyer warned last Monday would happen – is likely to set off shock waves in nearly every community across the State.

 

The decision to halt state projects will likely put enormous added pressure on the Legislature to pass a solution to the budget crisis that addresses the $15 billion shortfall in the 2008-2009 State Budget, that could grow to over $41 billion by the end of June 30, 2010 if the Legislature does not act.

 

SUMMARY OF PROPOSED NEW REVENUES (COULD CHANGE)

The following could change depending on what – if any – agreement is reached with the Governor

 

GASOLINE SALES AND EXCISE TAXES

New Revenue: $5.7 billion

* Eliminates the gasoline sales and excise taxes used for transportation purposes and replacing those taxes with a mix of taxes (sales, oil severance and personal income surcharge) that will used instead to help bridge the deficit in the general fund.

* To replace the transportation dollars, the Democratic plan institutes a “user fee” of 39 cents for gasoline consumption in California .

* The new fee would increase the amount of funds for the state highway account by $500 million annually and for local streets and roads by $643 million annually. In addition, the fee will be indexed to adjust with inflation. Because it is a user fee, the revenues have to be used for transportation purposes.

 

 STATE SALES TAX

New Revenue: $1.5 billion (what budget years covered not provided)

* Changes previous state law regarding state sales tax referred to as the “triple flip” enacted in 2004. This “triple flip” increased the state sales tax by a quarter cent, reduced local sales tax by a quarter cent and shifted property taxes from schools to local governments to make up for loss in local sales tax money. The state general fund backfilled schools for the loss of property tax money.

* The Democratic proposal ends the local quarter cent local sales tax reduction, eliminates the need to shift property tax from schools to local governments, thereby ending the general fund obligation to backfill school funding

 

 NEW INCOME TAX WITHHOLDING – INDEPENDENT CONTRACTORS

New Revenue: $2 billion for 2009-2010 State Budget year

* Establishes a new 3% income tax withholding requirements for independent contractors.

* Requires businesses to withhold 3% of payments they make to independent contractors exceeding $600 each year, relieving businesses from having to file 1099 forms.

 

SUMMARY OF PROPOSED SPENDING REDUCTIONS (COULD CHANGE)

These are spending reductions in the Democratic proposal to address the current year budget deficit and also help to fill the gap in the next budget year. More major and perhaps sweeping reductions and changes are expected when the Governor proposes his budget for 2009-2010 on January 10th – including some additional proposals that would cut funding for the remaining months of the current budget year that ends June 30, 2008.

 

 EDUCATION

2008-2009 State Budget Year Reductions:

* Reduces Proposition 98 spending by the $2.5 billion level proposed by the Governor.  However, this package of reductions does not follow the Governor's proposal to cut school district revenue limits, and instead targets specific programs that mitigate direct impacts on classroom instruction.

* Settle-Up Solutions.  Adopts a variation of the LAO's proposal to count a portion of current year spending as "settle-up" dollars rather than Proposition 98 dollars.  This does not reduce current year education spending, but does provide additional Proposition 98 flexibility in the budget year.

* CSU and UC Reductions.  Adopts the Governor's proposal to cut $132 million from the UC and the CSU.

 

 

HEALTH AND HUMAN SERVICES REDUCTIONS

 

SSI/SSP (Supplemental Security Income/State Supplemental Payment)

Reduction: $177 million 2008-2009 State Budget Year Reductions and $500 million in the 2009-2010 State Budget year.

* Reduces SSI/SSP grants in 2009 back to the 2008 level

* 2009-2010 State Budget Year Reductions: suspends the budget year state COLA.  Together these actions will save about

* Suspends the State cost of living money (COLA) due June 1, 2009 through May 30, 2010

Note: Democrats said that this reduction will “ultimately means that the state's neediest elderly and disabled individuals will lose more than $700 per year (and couples more than $1,300)”

 

CALWORKS

Reduction: $100 million (2009-2010 State Budget Year)

* Suspends the CalWORKS cost of living for a reduction (savings to the State general fund)

 

REGIONAL CENTERS

Reduction (purchase of services/community based services budget): $26 million in 2008-2009 State Budget year and another $60 million in the 2009-2010 State Budget year from the purchase of services (community-based services budget)

Reduction (operations): $3 million in 2008-2009 State Budget year and another $12.2 million in the 2009-2010 State Budget year.

* Reduces, by 3%, certain payments for services delivered to individuals with developmental disabilities for the period from December 1, 2008 to June 30, 2010, as proposed by the Governor. 

* Also suspends certain case management ratios and administrative requirements.

 

 LOCAL GOVERNMENT REDUCTIONS

 

 LOCAL PUBLIC SAFETY PROGRAM

Reduction: $189 million in the 2008-2009 State Budget year and another $500 million in the 2009-2010 State Budget year.

* Approves the Governor's proposal to eliminate General Fund support for various local law enforcement programs.

* Democrats say that these cuts are mitigated by reallocating Vehicle License Fee revenues ($92 million in the current year and $359 million in the budget year) to support these local programs.

 

 WILLIAMSON ACT LOCAL BACKFILL

Reduction: $34.7 million backfill (funding) to the counties

* Approves the Governor's proposal to eliminate the $34.7 million backfill to counties.

* This does not, however, make any changes to the underlying program to preserve agricultural land.

 

TRANSPORTATION REDUCTIONS

 

STATE TRANSIT ASSISTANCE

Reduces annual funding from $306 million to $150 million.

Note: Governor proposed November 6th to eliminate this program entirely.

 

SHIFTING MONEY TO GENERAL FUND

Shifts or moves about $185 million in general  funds from eligiblie Motor Vehicle Account funds and Tribal Compact revenues to the State general fund. 

 

VARIOUS OTHER REDUCTIONS

 

JUDICIAL BRANCH

Reduction: $91 million

* Reduces the 2008-2009 cost of living for the trial courts and a one time transfer of money from the Trial Court Improvement Fund to the State General Fund:

 

OFFICE OF EMERGENCY SERVICES

Reduction: $30 million

* Eliminates $30 million in state general funds for the gang initiative and various other programs.

 

EMPLOYEE COMPENSATION (PAY)

Reduction: $240 million in the 2008-2009 State Budget year and another $417 million in the 2009-2010 State budget year.

* Reduces funding for employee compensation however, the savings is required to be negotiated through the collective bargaining process.

 

SUMMARY OF ECONOMIC STIMULUS PACKAGE

 * Accelerate the availability of bond funds for “ready-to-go” infrastructure projects. Democrats said that for every $1 billion of investment in public works infrastructure projects, the state creates 15,000 high-wage private sector jobs.

* The total Democratic investment of bond funds is nearly $3 billion ($2.9 billion) to improve streets and roads, public transit, housing sites, parks, levees, water quality projects, and to bolster the “green” economy. 

 

Special Session Bills Can Pass With Majority Votes Except Those Raising Taxes

Spending cuts can be approved on a majority vote, and certain changes to how revenues are raised can also be approved by a simple majority vote.  However proposals to raise taxes, under the State Constitution, require 2/3rds vote of both houses – though the Democrats say they have put together legislation that avoids the need for 2/3rds vote and can be approved by a simple majority.  They say that the revenue increases consist of shifting funds, raising fees, etc that do not require 2/3rds vote.

 

Bills passed in a special session with a provision designating it an “urgency” bill – which take effect immediately upon approval of the Governor, would take effect 90 days after the Governor approves it.

 

Budget and Revenue Bills Require 2/3rds Vote

Budget bills, bills that raise taxes and “urgency” bills that take effect immediately upon enactment, require 2/3rds votes approval of both the Senate and Assembly. 

 

In the 80 member Assembly that means that 54 votes are needed.  Democrats control the Assembly with 51 seats with Republicans holding 29, meaning that Democrats need 3 Republican votes to pass

 

In the 40 member State Senate, 27 votes are needed.  Democrats control the State Senate with 24 seats, and Republicans holding 15 with one vacancy meaning Democrats needed 3 Republican votes for passage. 

ASSEMBLY & SENATE BUDGET HEARINGS WEDNESDAY DECEMBER 10th:

DECEMBER 10, 2008 (WEDNESDAY)
SENATE SUBCOMMITTEE#3 HEALTH, HUMAN SERVICES, LABOR & VETERANS AFFAIRS
09:00 AM State Capitol - Room 4203
What Will Be Heard:
Health proposals (including Medi-Cal and regional centers)
CDCAN Note: Human service proposals - including In-Home Supportive Services (IHSS) will be heard on Thursday, December 11th. This subcommittee hearing is part of the special session of the Legislature (called by the Governor on November 6th). These are proposal for mid-year budget reductions dealing with health programs (Medi-Cal) as proposed by the Governor on November 6th, and also health related proposals made by Legislative Democrats on November 25th and any Legislative Republican health related proposals.
PRIORITY: VERY HIGH   -  CLICK HERE FOR HEARING AGENDA

DECEMBER 10, 2008 (WEDNESDAY)
SENATE SUBCOMMITTEE #1 ON EDUCATION
1:30 PM State Capitol - Room 112
What Will Be Heard:
* Kindergarten through 14th grade educational mid-year budget proposals
* Higher education mid-year budget proposals
CDCAN Note: This subcommittee hearing is part of the special session of the Legislature (called by the Governor on November 6th). These are proposal for mid-year budget reductions dealing with education programs as proposed by the Governor on November 6th, and also education related proposals made by Legislative Democrats on November 25th and any Legislative Republican education related proposals, The funding includes money that funds special education programs for over 650,000 students in California in special education programs..
PRIORITY: VERY HIGH

NO ASSEMBLY BUDGET HEARINGS SCHEDULED FOR WEDNESDAY, DECEMBER 10th

DECEMBER 8TH: REMEMBERING JOHN LENNON Photo of John Lennon

You may say that I’m a dreamer

But I’m not the only one

I hope someday you will join us

And the world will be one..”

 December 8th marks the anniversary of the death of John Lennon.  He would be 68 years old this year.

 For millions he – and the Beatles -  meant more to people than just their music, though that is what remains and will live on. 

The impact of his murder 28 years ago was devastating to so many people across the world that went beyond music.  

Looking back nearly three decades, it is sometimes difficult to remember how huge the news of his death was to the larger world then – with frontpage headlines, leading stories on all the national TV and radio news going far beyond the world of entertainment or music. 

Reproduction of Los Angeles TImes Front Page on John Lennon murder December 9, 1980The loss seemed overwhelming and even intensely personal. For many symbolized the end of many things – not least of what people still hoped for then in him and the Beatles.  For many the murder was as stunning as the assassinations of the John and Robert Kennedy and Martin Luther King, Jr.

 There is a certain profound indelible sadness that will always be linked to the day John Lennon died and the passing of his life. A man, a loving father and husband returns with his wife to his home on a cold New York evening.  And waiting for him on the sidewalk is a man with a gun and enough bullets to kill the husband, the father, the man and it seemed at the time, even the legend itself.  

I remember that night and hearing the news – and then going to Tower Records (in Sacramento) and seeing the place full of people who were stunned, weeping or just standing and staring.  It seemed surreal like some horrible nightmare that became real.  It was terrible and sad time tinged with a desperate feeling of disbelief - the kind of feeling one gets when tragedy is unexpected and senseless. 

 And yet it, like those advocates for people with disabilities, mental health needs and seniors that we knew and loved who have died in recent years,  it is his life and work that we will remember even more and that continues to bring hope, happiness and joy that can have the simple power of  overcoming any sad moment and difficult time.

Remembering his songs, his music and life, we can remember that power, as we all face more difficult and sad times in the coming weeks, months and years. 

Imagine that...

Marty Omoto

NEW! California Budget Crisis:
* Senate Budget Subcommittee Hearing Schedule
* Health Issues - Medi-Cal, Regional Centers Dec 10th
* IHSS, SSI/SSP, CalWORKS, CAPI on Dec 11th Thu

SACRAMENTO (CDCAN) - After a grim and sobering presentation on the State's budget crisis by four state budget and finance officials Monday late afternoon, the Senate budget subcommittees late Monday evening officially released a hearing schedule for the week covering health proposals for mid-year budget reductions on December 10th (which includes Medi-Cal and regional centers), and human service proposals for mid-year budget reductions on December 11th, both at 09:00 AM at the State Capitol in Room 4203. Education issues - which includes funding cuts that will likely impact significantly special education programs - is scheduled for December 10th.

No agenda is yet available for any of the hearings, but time for public testimony is expected to be allowed, though likely brief.

These are the first public hearings on the specific cuts and revenue increases that the Governor proposed on November 6th, and that Legislative Democrats later revised and put up for a floor vote on November 25th without any public hearings.

It is not known yet what action - if any - the subcommittees will take - though it doesn't appear that any of the subcommittees will take final actions this week.

Senate Budget Subcommittee on Health & Human Services Hearing Set for Dec 10th 9 AM

As reported earlier in a previous CDCAN Report on Friday, an important budget subcommittee - Senate Budget Subcommittee #3 on Health and Human Services, dealing with health and human services including regional centers, In-Home Supportive Services (IHSS), SSI/SSP (Supplemental Security Income/State Supplemental Payment), CalWORKS, Cash Assistance Program for Immigrants (CAPI), Medi-Cal has scheduled two separate hearings - one on December 10th covering health related proposals, and the other on December 11th covering human service related proposals.

All proposals being reviewed are those made by the Governor on November 6th, by Legislative Democrats on November 25th and any proposals that Legislative Republicans may have. The Legislature has not taken any action - nor has held any hearings - on any of the mid-year budget proposals that call for cuts and also call for various increases to revenues.

The budget subcommittee's membership was dramatically expanded to include more members of both parties (see below for details) and is now chaired by Sen. Alex Padilla (Democrat - Los Angeles) who replaces Sen. Elaine Alquist (Democrat - San Jose). Alquist, who remains a member of the subcommittee, is now the new chair of the Senate Health Committee. She replaces Sheila Kuehl, who was termed out of the Legislature this year.

The Senate Budget Subcommittee #3 on Health and Human Services, like its counterpart in the Assembly (called the Assembly Budget Subcommittee #1 on Health and Human Services) reviews most of the major budget issues impacting programs and services for people with disabilities, mental health needs, seniors, low income families and community organizations, facilities and workers who provide supports and services.

The subcommittee deals with budget issues regarding regional centers, In-Home Supportive Services (IHSS), SSI/SSP, CalWORKS, senior programs, Medi-Cal, and other human and health programs.

Governor Made Proposal November 6th - Democrats on Novemer 25th

The Governor proposed on November 6th major cuts - about $4.5 billion in permanent and immediate cuts to the current budget and just about $4.7 billion in new revenues including a temporary 3 year increase in the state sales tax. The cuts the Governor proposed included 3% reduction in payments to providers funded by regional centers, and a 3% cut to regional center operations, permanent elimination of several Medi-Cal optional benefits including adult dental, elimination by March 1, 2009 of the Cash Assistance Program for Immigrant, rollback of grants for SSI/SSP to the lowest level allowed by the federal government (maintenance of effort), rollback of the state matching funds (or participation) for In-Home Supportive Service worker wages and benefits to the state minimum wage (meaning that is the highest wage level the State will provide matching funds for), reductions or changes in eligibility for certain IHSS domestic and related services, certain parts of the Medi-Cal program, including those serving immigrants, reduction to CalWORKS grants.

The Legislative Democrats proposed cuts and revenue increases that omitted several of the major reductions (including Medi-Cal and IHSS), kept some the same (regional centers), changed or modified the cuts to others (SSI/SSP, CalWORKS) and proposed totally different package of revenue increases (vehicle license free restoration back to 2003 level).

Legislative Republicans have not put forward formally a package of proposals addressing the mid-year budget crisis, other than to point back to the proposals from summer and early fall with proposals that called for controlling spending or proposed making further major reductions. Legislative Republicans have opposed - and continue to oppose proposals that call for tax increases - and also restoration of the vehicle license fee - saying doing so would have a dramatic negative impact on the state's already bad economy. They have pushed proposals that call for greater oversight of various programs, including stronger measures looking for waste, fraud and abuse,.

See separate CDCAN Report on Tuesday for a comparison of the different proposals.

SENATE BUDGET SUBCOMMITTEE HEARING SCHEDULE FOR THIS WEEK
The Assembly Budget Committee is scheduled for a hearing on December 11th, but there are no specific details and it is possible the hearing could be changed, so it is not listed below yet. Please note that budget subcommittee hearing dates, times and subject matter are always subject to last minute changes.

DECEMBER 10, 2008 (WEDNESDAY)
SENATE SUBCOMMITTEE#3 HEALTH, HUMAN SERVICES, LABOR & VETERANS AFFAIRS
09:00 AM State Capitol - Room 4203
What Will Be Heard:
Health proposals (including Medi-Cal and regional centers)
CDCAN Note: Human service proposals - including In-Home Supportive Services (IHSS) will be heard on Thursday, December 11th. This subcommittee hearing is part of the special session of the Legislature (called by the Governor on November 6th). These are proposal for mid-year budget reductions dealing with health programs (Medi-Cal) as proposed by the Governor on November 6th, and also health related proposals made by Legislative Democrats on November 25th and any Legislative Republican health related proposals.
PRIORITY: VERY HIGH

DECEMBER 10, 2008 (WEDNESDAY)
SENATE SUBCOMMITTEE #1 ON EDUCATION
1:30 PM State Capitol - Room 112
What Will Be Heard:
* Kindergarten through 14th grade educational mid-year budget proposals
* Higher education mid-year budget proposals
CDCAN Note: This subcommittee hearing is part of the special session of the Legislature (called by the Governor on November 6th). These are proposal for mid-year budget reductions dealing with education programs as proposed by the Governor on November 6th, and also education related proposals made by Legislative Democrats on November 25th and any Legislative Republican education related proposals, The funding includes money that funds special education programs for over 650,000 students in California in special education programs..
PRIORITY: VERY HIGH

DECEMBER 11, 2008 (THURSDAY)
SENATE BUDGET SUBCOMMITTEE #3 ON HEALTH, HUMAN SERVICES, LABOR & VETERANS AFFAIRS
09:00 AM State Capitol - Room 4203
What Will Be Heard:
Human Service proposals (including In-Home Supportive Services, SSI/SSP, CalWORKS, Cash Assistance Program for Immigrants)
CDCAN Note: Health proposals - including Medi-Ca and regional centers will be heard on Wednesday (December 10th). This subcommittee hearing is part of the special session of the Legislature (called by the Governor on November 6th). These are human service proposals for mid-year budget reductions as proposed by the Governor on November 6th, and also human service related proposals made by Legislative Democrats on November 25th and any Legislative Republican human service related proposals.
PRIORITY: VERY HIGH

DECEMBER 11, 2008 (THURSDAY)
SENATE BUDGET SUBCOMMITTEE #4 ON STATE ADMINISTRATION, GENERAL GOVERNMENT, JUDICIAL, TRANSPORTATION AND CORRECTIONS
10:00 am State Capitol - Room 112
* State Administration Proposals
* General Government Proposals
* Local Government Proposals
* Transportation Proposal
CDCAN Note: This subcommittee hearing is part of the special session of the Legislature (called by the Governor on November 6th). These are proposals including those impacting transportation funding, for mid-year budget reductions as proposed by the Governor on November 6th, and proposals made by Legislative Democrats on November 25th and any Legislative Republican related proposals.
PRIORITY: HIGH

DECEMBER 11, 2008 (THURSDAY)
SENATE BUDGET SUBCOMMITTEE #.2 ON RESOURCES, ENVIRONMENTAL PROTECTION AND ENERGY
1:00 PM State Capitol - Room 3191
* Resources Proposals
PRIORITY: FYI

DECEMBER 12, 2008 (FRIDAY)
SENATE BUDGET SUBCOMMITTEE #5 ON REVENUES AND THE ECONOMY
09:30 AM State Capitol - Room 4203
* Revenue and Economic Proposals
CDCAN Note: This subcommittee hearing is part of the special session of the Legislature (called by the Governor on November 6th). These revenue increase proposals (including proposal to increase temporarily the state sales tax) for mid-year budget reductions as proposed by the Governor on November 6th, and also revenue increase proposals (include restoring vehicle license fee back to 2003 level) made by Legislative Democrats on November 25th and any Legislative Republican revenue and economic related proposals.
PRIORITY: VERY HIGH

DECEMBER 12, 2008 (FRIDAY)
SENATE BUDGET SUBCOMMITTEE #4 ON STATE ADMINISTRATION,,GENERAL GOVERNMENT, JUDICIAL, TRANSPORTATION AND CORRECTIONS
10:00 AM State Capitol - Room 112
* Corrections
* Judicial Branch
* Local Law Enforcement Subventions
* Department of Justice
* Other Public SafetY
PRIORITY: FYI

CALIFORNIA BUDGET CRISIS - SENATE BUDGET SUBCOMMITTEES APPOINTED -  ALL SENATE BUDGET SUBCOMMITTEES WILL BEGIN HEARINGS ON PROPOSED BUDGET MID-YEAR CUTS AND REVENUE INCREASES ON WEDNESDAY DEC 10TH 

SACRAMENTO  (CDCAN) –  [Last updated 120508] The membership of the various budget subcommittees of the Senate Budget and Fiscal Review Committee have been appointed, it was announced late today, and those subcommittees will hold hearings beginning next Wednesday, December 10th, on proposals for mid-year budget cuts and revenue increases by the Governor on November 6th, and Legislative Analyst, the Democratic Legislative budget proposal released November 25th, and any Legislative Republican budget plan proposal that is proposed..  In addition, budget subcommittees in the State Senate were dramatically expanded to include more members from both parties. 

 Sen. Denise Ducheny, the chair of the Senate Budget and Fiscal Review Committee, in consultation with Senate President Pro Tem Darrell Steinberg (Democrat – Sacramento), made the appointments, including subcommittee chairs and as well as a tentative budget schedule for the State Senate.  

Padilla Will Head Senate Budget Subcommittee on Health and Human Services

Sen. Alex Padilla (Democrat – Los Angeles) as the chair of the Senate Budget Subcommittee #3 on Health and Human Services – the panel that reviews most of the major budget issues impacting programs and services for people with disabilities, mental health needs, seniors, low income families and community organizations, facilities and workers who provide supports and services.  He replaces Sen. Elaine Alquist (Democrat – San Jose), who is the new chair of the Senate Health Committee and who remains on the subcommittee.  The subcommittee deals with budget issues regarding regional centers, In-Home Supportive Services (IHSS), SSI/SSP, CalWORKS, senior programs, Medi-Cal, and other human and health programs. 

Sen. Gloria Romero (Democrat – Los Angeles ) heads the budget subcommittee dealing with education, which includes funding for special education. 

  The subcommittee membership was expanded from 3 members (2 Democrats and 1 Republican) to 8 members (5 Democrats and 3 Republicans).  In his opening address on Monday, Senate President Pro Tem Steinberg said he wanted to involve more of the State Senate’s members in the budget committee process, and has expanded the subcommittee memberships.  All subcommittees were expanded. 

 A fifth budget subcommittee on “Revenue and the Economy” was created, which Sen. Denise Ducheny (Democrat – San Diego ), will chair.  She remains the chair of the full Senate Budget and Fiscal Review Committee.

 The Assembly has not yet completed its memberships of their budget committee and subcommittee, though Assemblymember Noreen Evans (Democrat – Santa Rosa ) was previously announced last May as the new Assembly Budget Committee chair. 

LIST OF SENATE BUDGET SUBCOMMITTEE MEMBERS AND CHAIRS

SENATE BUDGET SUBCOMMITTEE #1 ON EDUCATION

CHAIR: Sen. Gloria Romero, (D)

Sen. President pro Tem Darrell Steinberg (D)

Sen. Majority Leader Dean Florez (D)

Sen. Jenny Oropeza (D)

Sen. Carol Liu (D)

Sen. Mark Wyland (R)

Sen. Abel Maldonado (R)

Sen. Mimi Walters (R)  

CDCAN COMMENT: subcommittee also deals with funding for special education

 

SENATE BUDGET SUBCOMMITTEE #3 ON HEALTH AND HUMAN SERVICES

CHAIR: Sen. Alex Padilla, (D)

Sen. Mark Leno (D)

Sen. Gilbert Cedillo (D)

Sen. Elaine Alquist (D)

Sen. Leland Yee (D)

Sen. Dave Cox (R)

Sen. Bob Huff (R)

Sen. Sam Aanestad (R) 

 ALSO:

SENATE BUDGET SUBCOMMITTEE #2 ON RESOURCES

CHAIR: Sen. Joe Simitian, (D)

Sen. Alan Lowenthal (D)

Sen. Fran Pavley (D)

Sen. Pat Wiggins (D)

Sen. Minority Leader Dave Cogdill (R)

Sen. Dennis Hollingsworth (R)

Sen. Roy Ashburn (R)  

 

SENATE BUDGET SUBCOMMITTEE #4 ON STATE ADMINISTRATION, GENERAL GOVERNMENT AND CORRECTIONS

CHAIR: Sen. Mark DeSaulnier, (D)

Sen. Rod Wright (D)

Sen. Gloria Negrete McLeod (D)

Sen. Loni Hancock (D)

Sen. Christine Kehoe (D)

Sen. George Runner (R)

Sen. John Benoit (R)

Sen. Tom Harman (R) 

 

SENATE BUDGET SUBCOMMITTEE #5 ON REVENUES AND THE ECONOMY

CHAIR: Sen. Denise Ducheny,  (D)

Sen. Lou Correa (D)

Sen. Ron Calderon (D)

Sen. Ellen Corbett (D)

Sen. Lois Wolk (D)

Sen. Robert Dutton (R)

Sen. Jeff Denham (R)

Sen. Tony Strickland (R)

 

State Senate and Assembly Will Hold Joint Session on Monday

As previously reported, both the Assembly and State Senate will meet in a special joint session on the growing state budget crisis, on Monday, December 8th at 3:00 PM.  While no action will be taken during the joint session, both houses will hear updates from key state officials on the budget crisis, including the non-partisan Legislative Analyst Mac Taylor,  Department of Finance Director Mike Genest, State Controller John Chiang and State Treasurer Bill Lockyer.  California faces a growing budget deficit, projected at over $11 billion for the current budget year – and over $28 billion by June 30, 2010 if no action is taken before then. 

  The state officials are likely to report more gloomy and bad news on the state’s budget crisis, including the possibility that California will run out of cash by the end early February and unable to pay its bills – including payments to vendors and others who provide supports and services to people with disabilities, mental health needs, seniors and low income children. 

  Both Assembly Speaker Karen Bass (Democrat – Los Angeles ) and Senate President Pro Tem Darrell Steinberg (Democrat – Sacramento ), who called the joint session, will likely also make remarks to the Legislature. 

  While the Legislature meets in joint session to hear the Governor give his annual “State of the State” address every January, and on other special occasions to be addressed by  certain special dignitaries (such as the president of Mexico or other leaders from other nations), there has not been a joint session held on the budget before that was called by the Legislature before. 

LISTEN: : CDCAN AUDIO RECORDING OF 10/30/08 SPECIAL SESSION BRIEFING ON HEALTH AND HUMAN SERVICES BY GOVERNOR'S OFFICE HELD BY HERB SHULTZ, SPECIAL ADVISOR TO THE GOVERNOR, VICKIE BRADSHAW, GOVERNOR'S CABINET SECRETARY AND KIM BELSHE, SECRETARY OF THE CALIFORNIA HEALTH AND HUMAN SERVICES AGENCY. THE  CONFERENCE CALL WAS ABOUT 21 MINUTES LONG (CLICK HERE - REAL PLAYER VERSION) if that does not work try:  CLICK HERE

 

California Budget Crisis
GOVERNOR WILL PROPOSE MAJOR CUTS TO HEALTH AND HUMAN SERVICES – WILL ALSO PROPOSE REVENUE INCREASES – NO DETAILS YET
Secretary Kim Belshe and Other Administration Officials Say Crisis Is “Unprecedented” – Administration Will Look At Increasing Revenues – Governor Looking At Legislature to Approve Proposals To Take Effect Immediately


SACRAMENTO (CDCAN) [Updated 10/30/08 5:00 PM] - Saying the budget situation is “unprecedented”, high level Schwarzenegger Administration officials said today (October 30) in a conference call to health and human services advocates that the Governor will propose major cuts to health and human services as part of a package of proposals to address the growing State budget crisis that he wants the Legislature to approve when they meet in special session next week. Administration officials also said that the Governor will also propose ways to increase the State’s revenues, including proposals to help Californians who have lost jobs or face foreclosure but that every budget area will face reductions to control growth in spending. No details on the spending cuts or revenue increases were provided.


The Governor, as previously reported, will call the Legislature back into a special (or emergency) session on November 5th because of the worsening State financial picture and a budget deficit that is swelling to as high as $10 billion.

Herb Shultz, senior advisor to the Governor, Vickie Bradhaw, the Governor’s cabinet secretary, and Secretary Kim Belshe of the California Health and Human Services Agency were among Administration officials who provided the briefing. The officials said that details of the Governor’s proposals are not yet available at this point, but will be when the Governor issues his formal proclamation soon, that officially calls the Legislature back into special session.

“We want to underscore our continued desire to work closely” with advocates and other stakeholders and looking at issues of ways to improve the State’s economy including cuts” Shultz said.

Bradshaw said that the State’s revenue loss is “far beyond what we expected” and that the budget shortfall is significantly larger and “dramatic”.
“We are in a state of fiscal crisis” said Bradshaw and that “short term fixes” cannot solve the enormous state budget shortfall.
She said that given the enormous crisis, the Governor viewed it as important to call special session of the Legislature now, to correct the problems this year, but warned that it will mean “significant cuts to all of our major programs”.
“None of the cuts will be easy,” Bradshaw said and urged that advocates and other Californians to help policymakers “look for as many alternatives as possible”.

Belshe, who oversees 12 state departments that have major responsibility for many critical health and human service programs that serve children and adults with disabilities, mental health needs, seniors and low income families, said “we would agree that the situation we face today is without precedent”.

“Very often health and human services becomes the focal point” for cuts because of the size of the budget, but that the size and magnitude of the problem means every budget area will be impacted, including health and human services. She said it will mean controlling costs and caseload growths in programs but that “it won’t come without pain and difficulty” and will be a challenge for “all of us to address”

Belshe said that many of the reductions that will be proposed in health and human services would, if approved by the Legislature, take effect this budget year in order to have impact on the State’s growing deficit.

Both Shultz and Bradshaw said several times that the Governor is not looking at closing the gap between what the State spends and what it takes in as revenue this year or next year with spending cuts only but ways to increase revenues.

Bradshaw, said that “whatever we don’t get in revenue generation” would mean getting it in spending reductions.

Advocates for children and adults with disabilities, mental health needs, seniors, people with traumatic brain and other injuries, Alzhiemers, MS and other disorders, low income families and children had feared that the Governor will propose major sweeping and permanent cuts to health and human services in addition to education.

The proposed cuts to education, though no details have been released yet, given the size, could have significant impact also on the over 650,000 children with special needs and disabilities in California special education programs.

Governor Yesterday Warned of Big Cuts to Education
Yesterday, in a press conference the Governor said that every budget area, including education and health, face cuts due to the enormous budget shortfall that could be now as high as $10 billion and growing, saying that California is facing a “state of emergency”.
Responding to his announcement on Tuesday to education leaders that he would be proposing $2 to $3 billion of education cuts, the Governor said that "since everyone has to take a haircut here, it's natural that education gets hit, law enforcement gets hit, prisons are going to get hit, and also health care is going to get hit. So, it's just the math, it's not me, it's mathematics that tell you that you have to make cuts in those kind of different areas." The Governor said he would continue to look at ideas that would lessen the impact of any cuts to children in the classroom.

NEXT STEPS

* The State Constitution gives power to a governor to call the Legislature into a special (or emergency) session, though he must issue a proclamation indicating the date when they must return and meet. That should happen soon.
* The Governor will release his proposals probably at that time, and probably similar in format to how he released new budget proposals in May and August. The special session proposals, meant to address the growing budget shortfall, will include proposals for major cuts to education and probably other programs, and likely a proposal for an increase in the state sales tax. While the Governor can propose cuts and other measures to address the budget shortfall, those proposals require approval by the Legislature.
* The State Constitution does not require the Legislature to actually do anything beyond that. There is no requirement in the State Constitution on how long the Legislature must meet in special session. However because the Governor is calling a special session of the Legislature made up with the current members, they cannot meet beyond November 30th, because members elected November 4th will take office December 1.
* CDCAN will issue reports and special action alerts as more news on the special session becomes available.

GOVERNOR VETOES SB 1563 BY PERATA

BILL RECOMMENDED BY AUTISM COMMISSION

SB 1563 Would Have Required State Agencies Dealing with Health Insurance To Create Workgroup On Health Insurance Coverage for People With Autism Spectrum Disorders and Other  Developmental Disabilities

 

SACRAMENTO (CDCAN) [LAST UPDATED 09/28/08 6:40 AM] - Just days after the end of the three month State budget stand-off, Governor Arnold Schwarzenegger vetoed on Saturday (September 27) legislation that would have required two state agencies dealing with health care insurance to establish a workgroup to examine issues impacting health care insurance coverage for people with autism spectrum disorders, and also people with other developmental disabilities. 

 

The Governor, in vetoing the bill that is closely watched and supported by many disability advocacy groups, including a wide range of groups advocating for children and adults with autism and their families, said his veto message that the goals of SB 1563 could be accomplished "administratively", meaning that it is something that state agencies could do without legislation. 

 

The bill was one of 9 bills, plus one resolution,  recommended by the California Legislative Blue Ribbon Commission on Autism that was created two years ago by legislation authored by outgoing Senate President Pro Tem Don Perata (Democrat - Oakland). 

 

Governor's SB 1563 Veto Message

To the Members of the California State Senate:
I am returning Senate Bill 1563 without my signature.
The provisions of this bill are currently being accomplished administratively through the Department of Managed Health Care. Therefore, this bill is unnecessary and duplicative of existing work. For this reason, I am unable to support this bill.
Sincerely,
Arnold Schwarzenegger

 

Governor Has Hundreds Of Bills Remaining On His Desk

Governor Arnold Schwarzenegger, facing a State constitutional deadline of September 30th to sign or veto nearly 900 bills passed by the Legislature in August, has so far approved nearly 200 bills and vetoed close to 130 bills.  [CDCAN will issuing reports this morning on other bills impacting people with disabilities, mental health needs, seniors]

 

Over 560 bills remain on the Governor's desk, including several significant bills that range from health care reform (SB 840, the health care reform single payer bill) to access compliance and enforcement (SB 1608) to durable medical equipment (SB 1198). 

 

Among bills he has approved include an important bill dealing with changes to Medi-Cal eligibility, as required by the 2005 federal "Deficit Reduction Act" (DRA), SB 483 by Sen. Sheila Kuehl (Democrat - Santa Monica) [see separate CDCAN Report for details]. 

 

The Governor however, citing the State's worsening financial situation, with a likely budget shortfall for next year that many feel will be at least $5 billion, has vetoed scores of bills.

TO READ FULL CDCAN REPORT #209-2008 CLICK HERE

 

NEW! Breaking News

* GOVERNOR SIGNS SB 483

* DEALS WITH MEDI-CAL ELIGIBILITY

* IMPLEMENTS FEDERAL "DEFICIT REDUCTION ACT"

* SIGNS ONE IHSS BILL (AB 1674) - VETOES ANOTHER (AB 2139)

* Vetoes 3 Senior Bills But Approves 1

 

SACRAMENTO (CDCAN) [LAST UPDATED 09/28/08 7:30 AM]  - Governor Arnold Schwarzenegger signed SB 483 by Sen. Sheila Kuehl (Democrat - Santa Monica, 23rd District), that makes major changes to eligibility to Medi-Cal, as required by the federal "Deficit Reduction Act of 2005", that was signed into law by President Bush in February 2006. 

 

The federal law gave states time to make any necessary changes to their state laws and current State law covering eligibility still applies until the provisions of the bill take effect.

 

The provisions or sections of the bill have different effective dates, depending on whether a section requires State regulations to be proposed and adopted.    [CDCAN will issue a more detailed report on this and other bills having significant impact later this week - and also will schedule a special CDCAN Townhall Telemeeting dealing with implementation or visit the CDCAN website for more information at www.cdcan,us ]

 

The bill specifically prohibits the Department of Health Care Services from issuing emergency regulations to implement SB 483. 

 

Value (Equity) of Home Will No Longer Be Exempt for Medi-Cal

The change in federal law no longer allows a person to exempt the value of their home from determining eligibility for Medi-Cal long term care or facility supports and services.  However the federal law allows the states to exempt $500,000 of the value of a person's home, which states can increase to $750,000, in determining eligibility for Medicaid (Medi-Cal). 

 

SB 483, as required by federal law, does offer "hardship waivers" for certain persons, including children who meet the federal definition of disability, are provided for in many of the new requirements. 

 

The bill also makes changes to California law in order to implement the federal law changes to Medicaid under the "Deficit Reduction Act" including transfers of assets, the period that the State can "look back" on gifts, how fees to continuing, who and what is covered under a "hardship waiver"

TO READ FULL CDCAN REPORT #210-2008 CLICK HERE  (includes full report on Governor's action on two IHSS bills, and update on Governor's actions on several bills impacting seniors)/  

 

California Budget Crisis

* GOVERNOR MAKES LINE ITEM VETOES

* OVER $500 MILLION IN ADDITIONAL CUTS

* MAJOR SENIOR PROGRAMS HIT HARD

* CalWORKS GETS ADDITIONAL CUT

* ADULT PROTECTIVE SERVICES REDUCED

OTHER PROGRAMS AND SERVICES INCLUDING IHSS, SSI/SSP,  SURVIVE WITHOUT ADDITIONAL REDUCTIONS BY GOVERNOR - BUT CUTS TO OTHER PROGRAMS ARE SIGNIFICANT

 

SACRAMENTO (CDCAN)  - Governor Arnold Schwarzenegger signed the main budget bills (AB 1781 and AB 88) late this morning (Tuesday, September 23), and made over $500 million in line item vetoes with many programs impacting people with disabilities, seniors hit hard by additional line item veto cuts.  These are cuts in addition to cuts that were already approved by the Legislature in the budget bills sent to the Governor last week.  [Note; This CDCAN Report replaces CDCAN Report #207-2008 which accidently omitted several critical line item vetoes - my apologies! - Marty Omoto]  A copy of the line item vetoes as released by the Governor is available: CLICK HERE

 

Senior Programs Hit Hard

A wide range of senior programs - including the Multipurpose Senior Services Program (MSSP), Alzhiemers Resource Centers, were especially hard hit with additional cuts by the Governor. 

 

Also hit hard was the CalWORKS program - California's "welfare to work" program that serves thousands of low income children and families - many of them with special needs and disabilities, was hardest hit by the line item veto, with an additional $70 million reduction on top of what the Legislature approved in the budget bill passed last week.  See CDCAN website for official copy of all the Governor's line item vetoes that he made today at www.cdcan.us

 

Two programs overseen by the Department of Social Services, Adult Protective Services and Deaf Access Program were also hit with additional reductions.  The reduction to Adult Protective Services was especially significant - and a reduction that was fought earlier this year by advocates. 

 

CDCAN will issue a special report covering the details of the budget and its impact on children and adults with disabilities, mental health needs, seniors, low income children, their families, community organizations, facilities, workers who provide supports and services.

Two programs overseen by the Department of Social Services, Adult Protective Services and Deaf Access Program were also hit with additional reductions.  The reduction to Adult Protective Services was especially significant - and a reduction that was fought earlier this year by advocates. 

 

CDCAN will issue a special report covering the details of the budget and its impact on children and adults with disabilities, mental health needs, seniors, low income children, their families, community organizations, facilities, workers who provide supports and services.

 

Line Item Veto Power By Governor Limited

* The Governor's line item veto powers allows the governor to reduce a specific budget line item amount for a program or service without having to veto the entire bill.

* The State Constitution gives a governor the power to make such reductions using the "line item veto" power - but a governor can only do so if reducing the budget item does not need changes in state law or violate federal law. Most reductions to programs - such as wages to In-Home Supportive Services workers, or services that are set by state or federal laws (Medi-Cal, regional center funded services, IHSS, SSI/SSP) need changes to those laws first before the budgeted amount can be reduced. 

 

CDCAN SUMMARY LINE ITEM VETOES 

 

REVISED CDCAN SUMMARY LINE ITEM VETOES 

(REVISED) This is the CDCAN summary of the Governor's line item vetoes that directly or significantly impacts children and adults with disabilities, mental health needs, seniors, community organizations, facilities and workers who provide supports and services.  Many programs, especially those serving seniors, were hit hard by additional cuts by the Governor using his line item veto power. 

 

The Governor made no line item vetoes impacting In-Home Supportive Services (IHSS), SSI/SSP, Department of Rehabilitation related programs, specifically special education - though he did make additional reductions to education and transportation.  See CDCAN website at www.cdcan.us for copy of his line item vetoes. 

 

SENIOR PROGRAMS (DEPARTMENT OF AGING)
Governor made significant large additional cuts using his line item veto power to several senior programs under the Department of Aging.  He previously proposed many of these reductions earlier in January, but the Legislature rejected most of those cuts.  The programs impacted are Home Delivered Meals, Congregate Nutrition Program, Senior Community Employment, Long term Care Ombudsman and Supportive Services Program, Multipurpose Senior Services Program (MSSP), Alzhiemers Resource Centers, Linkages, Brown Bag Program, and the Senior Legal Hotline. 

 

Governor Line Item Veto

Item 4170-101-0001—For local assistance, Department of Aging. I reduce this item
from $56,109,000 to $42,945,000 by reducing:
(1) 10-Nutrition from $73,373,000 to $72,804,000;
(2) 20-Senior Community Employment from $10,304,000 to $7,139,000;
(3) 30–Supportive Services and Centers from $71,894,000 to $65,916,000; and
(4) 40–Special Projects from $50,003,000 to $46,751,000;
and by deleting:
(4.5) 97.20.004-Local Projects ($200,000).
I am reducing this item by $13,164,000 for the following programs:
• $316,000 from the Home Delivered Meals program;
• $253,000 from the Congregate Nutrition program;
• $3,165,000 from Senior Community Employment;
• $5,978,000 from the Long-term Care Ombudsman and Supportive Services programs;
• $2,526,000 for the Multipurpose Senior Services Program;
• $416,000 for the Alzheimer's Day Care Resource Centers;
• $250,000 for the Linkages program;
• $60,000 for the Brown Bag program; and
• $200,000 for the Senior Legal Hotline
While this budget bill provides for a modest reserve in 2008-09, it fails to make the necessary statutory spending reductions and revenue increases needed to eliminate the state's structural budget deficit going forward. At the same time, constitutional requirements, federal law and court required payments drive the majority of the spending in any budget, and limit my ability to reduce spending. As a result, I have an obligation to reduce spending when my veto power is adequate to do so. Consequently -- and in order to further ensure that this budget remains in balance -- I am taking the difficult but necessary action reflected in this veto to further control state spending.

 

CALWORKS PROGRAM
The Governor made his single largest - in terms of health and human services - line item veto in the CalWORKS program overseen by the Department of Social Services, with a reduction of $70 million from what the Legislature approved in the budget they passed last week.  The funding would have gone to counties for costs of administering the program, for employment related services, child care (for CalWORKS recipients).   Tens of thousands of children and parents in this program also have special needs (including mental health needs, disabilities).  This reduction is in addition to reductions approved by the Legislature (including suspension of the State cost of living). 

Governor's Line Item Veto Message
(1) 16.30-CalWORKs from $5,290,712,000 to $5,220,712,000.
I am reducing this item by $70,000,000 for the CalWORKs program. This funding would have been available to counties as part of their single allocation, which can be used for county administration, employment services, and child care. Even with this reduction in funding, the single allocation provided to counties still increases from 2007-08 to 2008-09. While this budget bill provides for a modest reserve in 2008-09, it fails to make the necessary statutory spending reductions and revenue increases needed to eliminate the state's structural budget deficit going forward. At the same time, constitutional requirements, federal law and court required payments drive the majority of the spending in any budget, and limit my ability to reduce spending. As a result, I have an obligation to reduce spending when my veto power is adequate to do so. Consequently -- and in order to further ensure that this budget remains in balance -- I am taking the difficult but necessary action reflected in this veto to further control state spending.


ADULT PROTECTIVE SERVICES
DEAF ACCESS PROGRAM

Governor reduced funding by $11,432,000 ($6,127,00 of that State general funds) for the Adult Protective Services under the Department of Social Services and reduced funding by $581,000 ($281,000 of that State general funds) for the Deaf Access Program under the Department of Social Services.
The Adult Protective Services (APS) reduction is especially  significant and has great impact on people with disabilities, mental health needs and seniors and their families, who need the program, and counties who administer it. 

Governor's Line Item Veto Message:
Item 5180-151-0001—For local assistance, Department of Social Services. I reduce this item
from $757,135,000 to $750,727,000 by reducing:
(1) 25.30-Children and Adult Services and Licensing from $2,151,082,000 to $2,139,650,000;
(2) 25.35-Special Programs from $22,682,000 to $22,101,000;
(3) Reimbursements from -$143,894,000 to -$138,589,000; and
(6) Amount payable from the Federal Trust Fund (Item 5180-151-0890) from -$1,263,716,000 to -$1,263,416,000.
I am reducing this item by $11,432,000 ($6,127,000 General Fund) for the Adult Protective
Services program, and by $581,000 ($281,000 General Fund) for the Deaf Access program.

 

DISABILITY EVALUATION SERVICES AND LICENSING

INDEPENDENT ADOPTIONS

Governor made an additional reduction to Disability Determination Program under the Department of Social Services .


Governor's Line Item Veto Message- Disability Determination Program & Licensing

Item 5180-001-0001—For support of Department of Social Services. I reduce this item
from $107,134,000 to $106,640,000 by reducing:
(2) 25-Social Services and Licensing from $168,929,500 to $168,829,500;
(3) 35-Disability Evaluation and Other Services from $260,159,500 to $259,381,500;
and
(6) Reimbursements from -$26,048,000 to -$25,664,000.
I am reducing this item by $778,000 ($394,000 General Fund) for the Disability Determination program and $100,000 General Fund for the Independent Adoptions program.

While this budget bill provides for a modest reserve in 2008-09, it fails to make the necessary statutory spending reduction and revenue increases needed to eliminate the state's structural budget deficit going forward. At the same time, constitutional requirements, federal law and court required payments drive the majority of the spending in any budget, and limit my ability to reduce spending. As a result, I have an obligation to reduce spending when my veto power is adequate to do so. Consequently -- and in order to further ensure that this budget remains in balance -- I am taking the difficult but necessary action reflected in this veto to further control state spending.

 

MEDI-CAL
The Governor made a line item veto in the Medi-Cal program, however this does not impact provider rates or direct services such as optional benefits, etc.  The budget he signed as passed by the Legislature does contain reductions to the Medi-Cal program however. 

Governor's Line  Item Veto Message
Item 4260-101-0001—For local assistance, Department of Health Care Services. I revise this
item by reducing:
(1) 20.10.001-Eligibility (County Administration) from $2,697,119,000 to $2,689,743,000,
(9) Amount payable from the Federal Trust Fund (Item 4260-101-0890) from
-$21,448,993,000 to -$21,441,617,000;
and by deleting Provision 14.
I am revising this item to conform to the action I have taken in Item 4260-101-0890.
I am also deleting Provision 14 from this item, which directs the Department of Health Care Services to provide the Legislature with specific options for improving the Medi-Cal fee-for service program. While I share the Legislature’s interest in improving the coordination of care for Medi-Cal beneficiaries and believe that such efforts will better serve clients and reduce costs, I am deleting the provision as it would limit my discretion in developing a budget proposal.
Item 4260-101-0890—For local assistance, Department of Health Services. I reduce this item
from $21,448,993,000 to $21,441,617,000.

I am reducing this item by $7,376,000 to conform to my action in Items 4170-101-0001

 

MENTAL HEALTH COMMUNITY-BASED SERVICES
Governor made additional signficant reductions of over $7 million to mental health community-based services dealing with managed care, and  $152,000 (including $52,000 in State general funds) for mental health community-based services dealing with the State's Healthy Families program. 

Governor's Line Item Veto Message - Managed Care

Item 4440-103-0001—For local assistance, Department of Mental Health. I reduce this
item from $232,856,000 to $225,136,000 by reducing:
(1) 10.25-Community Services―Other Treatment from $232,856,000 to
$225,136,000.
I am reducing this item by $7,720,000 for the Mental Health Managed Care program. While this budget bill provides for a modest reserve in 2008-09, it fails to make the necessary statutory spending reductions and revenue increases needed to eliminate the state’s structural budget deficit going forward. At the same time, constitutional requirements, federal law and court required payments drive the majority of the spendingvin any budget, and limit my ability to reduce spending. As a result, I have an obligation to reduce spending when my veto power is adequate to do so. Consequently -- and in order to further ensure that this budget remains in balance -- I am taking the difficult but necessary action reflected in this veto to further control state spending

Governor's Line Item Veto Message - Healthy Families:
Item 4440-101-0001—For local assistance, Department of Mental Health. I reduce this item
from $480,163,000 to $480,111,000 by reducing:
(5) 10.97–Community Services―Healthy Families from $24,805,000 to $24,653,000, and
(6) Reimbursements from -$1,208,165,000 to -$1,208,065,000.
I am reducing this item by $152,000 ($52,000 General Fund and $100,000 Reimbursements) for the Healthy Families program. While this budget bill provides for a modest reserve in 2008-09, it fails to make the necessary statutory spending reductions and revenue increases needed to eliminate the state's structural budget deficit going forward. At the same time, constitutional requirements, federal law and court required payments drive the majority of the spending in any budget, and limit my ability to reduce spending. As a result, I have an obligation to reduce spending when my veto power is adequate to do so. Consequently -- and in order to further ensure that this budget remains in balance -- I am taking the difficult but necessary action reflected in this veto to further control state spending.

 

DEPARTMENT OF ALCOHOL AND DRUGS PROGRAMS

Governor made several significant additional reductions to programs under the Department of Alchohol and Drugs Programs - many that impact people with mental health needs, and also people with disabilities, seniors and their families.


Governor Line Item Veto Message

I reduce this item from $14,701,000 to $6,019,000 by reducing:
(1) 15-Alcohol and Other Drug Services Program from $57,702,000 to $48,275,000;
(2) 30.01-Administration from $11,999,000 to $8,999,000;
(3) 30.02-Distributed Administration from -$11,999,000 to -$8,999,000;
(4) Reimbursements from -$4,932,000 to -$4,544,000;
(10) Amount payable from the Substance Abuse Treatment Trust Fund
(Item 4200-001-3019) from -$3,565,000 to -$3,208,000.
I am reducing this item by $9,070,000 ($8,682,000 General Fund and
$388,000 Reimbursements), as follows:
• $8,000,000 for the California Methamphetamine Prevention Campaign;
• $776,000 and 5.3 positions for the Drug Medi-Cal Program;
• $154,000 for the Non-Drug Medi-Cal Program;
• $110,000 and 0.5 positions for the Drug Court programs; and
• $30,000 and 0.4 positions for the Offender Treatment Program.
While this budget bill provides for a modest reserve in 2008-09, it fails to make the necessary statutory spending reductions and revenue increases needed to eliminate the state's structural budget deficit going forward. At the same time, constitutional requirements, federal law and court required payments drive the majority of the spending in any budget, and limit my ability to reduce spending. As a result, I have an obligation to reduce spending when my veto power is adequate to do so. Consequently -- and in order to further ensure that this budget remains in balance -- I am taking the difficult but necessary action reflected in this veto to further control state spending.

I am also reducing $357,000 and 3.0 positions in Item 4200-001-3019 to conform to the
action I have taken in Item 4200-105-0001.
Item 4200-001-3019—For support of Department of Alcohol and Drug Programs.
I reduce this item from $3,565,000 to $3,208,000.
I am reducing this item by $357,000 to conform to the action I have taken in
Item 4200-105-0001.
Item 4200-101-0001—For local assistance, Department of Alcohol and Drug Programs.
I reduce this item from $89,197,000 to $83,665,000 by reducing:
(1) 15-Alcohol and Other Drug Services Programs from $438,351,000 to
$423,168,000;
(4) Amount payable from the Substance Abuse Treatment Fund
(Item 4200-101-3019) from -$96,514,000 to -$86,863,000.
Page 11
I am reducing this item by $5,532,000, as follows:
• $2,983,000 for the Drug Court programs;
• $1,970,000 for the Offender Treatment Program; and
• $579,000 for the Non-Drug Medi-Cal Program.
While this budget bill provides for a modest reserve in 2008-09, it fails to make the necessary statutory spending reductions and revenue increases needed to eliminate the state's structural budget deficit going forward. At the same time, constitutional requirements, federal law and court required payments drive the majority of the spending in any budget, and limit my ability to reduce spending. As a result, I have an obligation to reduce spending when my veto power is adequate to do so. Consequently -- and in order to further ensure that this budget remains in balance -- I am taking the difficult but necessary action reflected in this veto to further control state spending.
I am also reducing $9,651,000 in Item 4200-101-3019 to conform to the action I have taken in Item 4200-105-0001.

Item 4200-101-3019—For local assistance, Department of Alcohol and Drug Programs.
I reduce this item from $96,514,000 to $86,863,000.
I am reducing this item by $9,651,000 to conform to the action I have taken in
Item 4200-105-0001.
Item 4200-104-0001—For local assistance, Department of Alcohol and Drug Programs.
I reduce this item from $23,457,000 to $21,111,000 by reducing:
(1) 15-Alcohol and Other Drug Services Program from $40,511,000 to $38,165,000.
I am reducing this item by $2,346,000 for perinatal substance abuse treatment programs. While this budget bill provides for a modest reserve in 2008-09, it fails to make the necessary statutory spending reductions and revenue increases needed to eliminate the state's structural budget deficit going forward. At the same time, constitutional requirements, federal law and court required payments drive the majority of the spending in any budget, and limit my ability to reduce spending. As a result, I have an obligation to reduce spending when my veto power is adequate to do so. Consequently -- and in order to further ensure that this budget remains in balance -- I am taking the difficult but necessary action reflected in this veto to further control state
spending.

Item 4200-105-0001—For transfer by the Controller to the Substance Abuse Treatment
Trust Fund. I reduce this item from $100,079,000 to $90,071,000.
I am reducing this item by $10,008,000 for the Substance Abuse and Crime Prevention Act program. While this budget bill provides for a modest reserve in 2008-09, it fails to make the necessary statutory spending reductions and revenue increases needed to eliminate the state's structural budget deficit going forward. At the same time,
constitutional requirements, federal law and court required payments drive the majority of the spending in any budget, and limit my ability to reduce spending. As a result, I have an obligation to reduce spending when my veto power is adequate to do so. Consequently -- and in order to further ensure that this budget remains in balance -- I am taking the difficult but necessary action reflected in this veto to further control state spending. I have taken conforming action in Item 4200-001-3019 and Item 4200-101-3019.

HEALTH PROGRAMS (DEPARTMENT OF HEALTH CARE SERVICES)

Governor made additional reductions to the California Discount Prescription Drug Program

 

Governor's Veto Message

Item 4260-001-0001—For support of Department of Health Care Services. I revise this
item by reducing:
(1) 20-Health Care Services from $383,834,000 to $381,821,000,
and by deleting:
(10) Amount payable from the California Discount Prescription Drug Program Fund
(Item 4260-001-8040) (-$2,013,000)
I am deleting $2,013,000 intended to specifically fund costs for the California Discount Prescription Drug Program. While this budget bill provides for a modest reserve in 2008-09, it fails to make the necessary statutory spending reductions and revenue increases needed to eliminate the state's structural budget deficit going forward. At the same time, constitutional requirements, federal law and court required payments drive the majority of the spending in any budget, and limit my ability to reduce spending. As a result, I have an obligation to reduce spending when my veto power is adequate to do so. Consequently -- and in order to further ensure that this budget remains in balance -- I am taking the difficult but necessary action reflected in this veto to further control state
spending.
I am also deleting Item 4260-001-8040 to conform to this action.
Item 4260-001-8040—For support of Department of Health Care Services. I delete this
item and Provisions 1 and 2.
I am deleting this item to conform to the action I have taken in Item 4260-001-0001
regarding the California Discount Prescription Drug Program.
I am also deleting Provision 1 and 2 to conform to this action.
Item 4260-006-0001—For transfer by the Controller to the California Discount Prescription Drug Program Fund. I delete this item and Provision 1.
I am deleting the $5,870,000 in this item to conform to the action I have taken in Items
4260-001-0001, 4260-001-8040, and 4260-119-8040 regarding the California Discount Prescription Drug Program. I am also deleting Provisions 1 to conform to this action.

Item 4260-119-8040—For local assistance, Department of Health Care Services.
I delete this item.
I am deleting the $3,857,000 intended specifically to fund local assistance costs for the California Discount Prescription Drug Program. While this budget bill provides for a modest reserve in 2008-09, it fails to make the necessary statutory spending reductions and revenue increases needed to eliminate the state's structural budget deficit going forward. At the same time, constitutional requirements, federal law and court required payments drive the majority of the spending in any budget, and limit my ability to reduce spending. As a result, I have an obligation to reduce spending when my veto power is adequate to do so. Consequently -- and in order to further ensure that this budget remains in balance -- I am taking the difficult but necessary action reflected in this veto to further control state spending.

 

DEPARTMENT OF PUBLIC HEALTH PROGRAMS

Governor made several line item vetoes to specific programs overseen by the Department of Public Health.

 

Governor's Line Item Veto Message - Departmentof Public Health Programs

Item 4265-001-0001—For support of Department of Public Health. I reduce this item
from $86,147,000 to $82,850,000 by reducing:
(2) 20-Public and Environmental Health from $501,031,000 to $497,734,000.
I am reducing this item by $3,297,000, as follows:
• $1,042,000 for the Childhood Lead Poisoning Prevention Branch;
• $976,000 for the Medical Device and Drug Safety Program;
• $841,000 for the Epidemiology and Prevention for Injury Control Branch;
• $277,000 for the Prostate Cancer Treatment Program; and
• $161,000 for the Cosmetic Safety Program.
While this budget bill provides for a modest reserve in 2008-09, it fails to make the necessary statutory spending reductions and revenue increases needed to eliminate the state's structural budget deficit going forward. At the same time, constitutional requirements, federal law and court required payments drive the majority of the spending in any budget, and limit my ability to reduce spending. As a result, I have an obligation to reduce spending when my veto power is adequate to do so. Consequently -- and in order to further ensure that this budget remains in balance -- I am taking the difficult but necessary action reflected in this veto to further control state spending.

Item 4265-111-0001—For local assistance, Department of Public Health. I reduce this item from $257,472,000 to $244,479,000 by reducing:
(3) 20.20-Infectious Disease from $365,085,000 to $358,845,000;
(4) 20.30-Family Health from $1,504,545,000 to $1,498,477,000;
(6) 20.50-County Health Services from $40,691,000 to $39,791,000;
(7) 20.60-Environmental Health from $132,541,000 to $131,557,000;
(8) Reimbursements from -$160,479,000 to -$159,280,000;
and by deleting Provision 3.
I am reducing this item by $5,030,000 ($3,831,000 General Fund and $1,199,000
Reimbursements) by eliminating funding to local entities for the following programs:
• $1,824,000 for the TeenSMART Outreach Program;
• $1,322,000 for the Male Involvement Program;
• $984,000 for the Beach Safety Program; and
• $900,000 for the State Public Health Subvention.
I am also reducing this item by $3,670,000 by reducing funding to local entities for the
following programs:
• $2,269,000 for the Domestic Violence Program;
• $748,000 for the Tuberculosis Control Housing Program;
• $403,000 for the Teen Life Skills Information and Education Program; and
• $250,000 for the Maternal, Child and Adolescent Health Program.
While this budget bill provides for a modest reserve in 2008-09, it fails to make the necessary statutory spending reductions and revenue increases needed to eliminate the state's structural budget deficit going forward. At the same time, constitutional requirements, federal law and court required payments drive the majority of the spending in any budget, and limit my ability to reduce spending. As a result, I have an obligation to reduce spending when my veto power is adequate to do so. Consequently -- and in order to further ensure that this budget remains in balance -- I am taking the difficult but necessary action reflected in this veto to further control state spending.
I am deleting $5,492,000 of the $6,842,000 General Fund legislative augmentation to local health jurisdictions for AIDS/HIV Education and Prevention programs. With this reduction, $31.8 million still remains to support the AIDS/HIV Education and Prevention programs.
I am also deleting Provision 3, that expresses a legislative wish to have the Department of Public Health not exclude any drugs from the AIDS Drug Assistance Program (ADAP) formulary for the purpose of reducing ADAP expenditures and would require funding to be maintained using the ADAP Rebate Fund. The Office of AIDS within the Department is the appropriate entity to determine the proper alignment of program expenditures within the funding available, including the ADAP Rebate Fund. Provision 3 would restrict the Office of AIDS’ ability to manage ADAP expenditures. Consequently, I am vetoing this language.

 

NATURALIZATION SERVICES PROGRAM
Governor made a signficant reduction to the Department of Community Services and Development's Naturalization Services program, that does have some impact on people with disabilities, mental health needs and seniors who are not yet citizens of this country. 

 

Governor's Line Item Veto Message - Naturalization Services

Item 4700-001-0001—For support of Department of Community Services and
Development. I delete this item.
I am deleting this item to conform to the action I have taken in 4700-101-0001.
Item 4700-101-0001—For local assistance, Department of Community Services and
Development. I delete this item.
I am deleting the $2,565,000 for the for the Naturalization Services program. I am also deleting the $154,000 in state operations funding for this program (refer to Item 4700-001-0001). While this budget bill provides for a modest reserve in 2008-09, it fails to make the necessary statutory spending reductions and revenue increases needed to eliminate the state's structural budget deficit going forward. At the same time, constitutional requirements, federal law and court required payments drive the majority of the spending in any budget, and limit my ability to reduce spending. As a result, I have an obligation to reduce spending when my veto power is adequate to do so.
Consequently -- and in order to further ensure that this budget remains in balance -- I am taking the difficult but necessary action reflected in this veto to further control state spending.

 

DEVELOPMENTAL SERVICES (REGIONAL CENTERS)
Governor made a line item veto under the developmental services (regional center) budget overseen by the Department of Developmental Services, but this reduction does not impact any services and is technical only because it was the amount allocated for regional centers if the Legislature had approved the Governor's previous proposal to suspend the federal cost of living money due January 1, 2009 for SSI/SSP recipients.  The Legislature rejected that proposal, and so this budget line item veto reflects that (state funds were allocated to regional centers to replace the federal money that the State would have reduced for people with developmental disabilities).

Governor's Line Item Veto Message
4200-001-0001, 4265-111-0001, 4440-001-0001, and 5180-001-0001.
Item 4300-101-0001—For local assistance, Developmental Services. I reduce this item from
$2,384,027,000 to $2,382,799,000 by reducing:
(2) 10.10.020-Purchase of Services from $3,372,900,000 to $3,370,854,000, and
(4) Reimbursements from -$1,308,405,000 to -$1,307,587,000.
I am reducing this item by $2,046,000 ($1,228,000 General Fund and -$818,000 Reimbursements). This technical veto is consistent with the pass through of the January 1, 2009 federal Supplemental Security Income cost of living adjustment.

 

HOUSING

Governor made several additional reductions to housing programs,including migrant housing programs,  under the Department of Housing and Community Development - several that have some impact on people with disabilities, mental health needs, seniors and low income families (emergency housing). 

 

Governor's Line Item Veto Message - Emergency Housing and Assistance Fund

Item 2240-105-0001—For transfer, as an expenditure, upon order of the Director of
Finance, to the Emergency Housing and Assistance Fund. I delete this item. I am reducing this item by $401,000 to reinstate the budget-balancing reduction to the state grant program for local emergency shelters that I proposed. I am further reducing this item by $3,599,000. While the budget bill provides for a modest reserve in 2008-09, it fails to make the necessary statutory spending reductions and revenue increases needed to eliminate the state’s structural budget deficit going forward. At the same time, constitutional requirements, federal law and court required payments drive the majority of the spending in any budget, and limit my ability to reduce spending. As a result, I have an obligation to reduce spending when my veto power is adequate to do so. Consequently -- and in order to further ensure that this budget remains in balance -- I am taking the difficult but necessary action reflected in this veto to further control state spending.

COUNTY AUTOMATION PROJECT
Governor also made a line item reduction of $2,038,000 to the County Administration and Automation Projects Work Incentive Nutritional Supplement Program, overseen by the Department of Social Services.  This doesn't have direct impact to people with disabilities, mental health needs, seniors. 

Governor's Line Item Veto Message
Item 5180-141-0001—For local assistance, Department of Social Services. I reduce this item
from $480,516,000 to $478,478,000 by reducing:
(1) 16.75-County Administration and Automation Projects from $1,194,774,000 to
$1,192,736,000.
I am reducing this item by $2,038,000 for the Work Incentive Nutritional Supplement program.
By eliminating this funding, I am delaying implementation of this program for one year. This will allow the Department of Social Services to study this program and ensure it is consistent with federal rules. Further, while this budget bill provides for a modest reserve in 2008-09, it fails to make the necessary statutory spending reductions and revenue increases needed to eliminate the state's structural budget deficit going forward. At the same time, constitutional requirements, federal law and court required payments drive the majority of the spending in any budget, and limit my ability to reduce spending. As a result, I have an obligation to reduce spending when my veto power is adequate to do so. Consequently -- and in order to further ensure that this budget remains in balance -- I am taking the difficult but necessary action reflected in this veto to further control state spending.

 

NEW! California Budget Crisis - Day 85

GOVERNOR SIGNS BUDGET

One Crisis Ends - Another Begins

Budget Deficit Likely to Be Huge Next year

State Agencies and State Controller Working To Rush State Payments Owed to Providers and Other Vendors Since July 1

 

SACRAMENTO (CDCAN)  [Last updated 09/23/08 11:30 AM] -  As expected, Governor Arnold Schwarzenegger signed the main budget bills (AB 1781 and AB 88) late this morning (Tuesday, September 23), without the usual signing ceremony that normally is held in previous budgets.  The Governor last week indicated he would sign the budget without any ceremony because it failed to contain what he viewed as need budget reforms.  

 

The budget agreement and the two measures contain no new additional spending cuts beyond what was approved in the budget bills approved by the Legislature early Tuesday morning.  CDCAN will issue a special report covering the details of the budget and its impact on children and adults with disabilities, mental health needs, seniors, low income children, their families, community organizations, facilities, workers who provide supports and services. 

 

State Agencies Rushing  To Process Payments to Providers

The signing of the main budget bills brings to an end the three month budget crisis that seriously impacted thousands of community organizations, health facilities and other vendors who provide services and supports to people with disabilities, mental health needs, seniors.

 

State agencies, including Medi-Cal, and the State Controller are working to movement state payments, delayed for nearly three months, owed to thousands of community providers, health facilities and other vendors as quickly as possible.

 

One Crisis Ends - Another Begins (or Continues)

But while one crisis ends, another begins.  Capitol observers and critics of the State budget agreement say the Governor's signing of the budget bill also signals the start of the new budget year that is expected to have a budget shortfall of several billions of dollars.  The State Constitution requires the Governor to present on January 10th  a proposed budget to the Legislature for the next budget year which begins July 1, 2009.  That deadline of January 10th is just 15 weeks away. 

 

Governor Makes About $500 Million In Line Item Vetoes

The Governor made over $500 million in line item vetoes. Those vetoes reduce a specific budget line item amount for a program or service.  The State Constitution gives a governor the power to make such reductions using the "line item veto" power - be a governor can only do so if reducing the budget item does not need changes in state law or violate federal law.  It is different from the power of the governor to veto an entire bill.  A line item veto allows the rest of the bill to become law.  See separate CDCAN Report later today for details on the line item vetoes, as well as a full report on the budget impact on people with disabilities, mental health needs and seniors. 

To Read the Full CDCAN Report #206-2008 Click Here

To Read the Full CDCAN Report #202-2008 Click Here

To Read the Full CDCAN Report #200-2008 Click Here

MORE THAN 1,000 PEOPLE MARCH IN LA AND HOLD PROTEST RALLY OUTSIDE GOVERNOR'S OFFICE IN LOS ANGELES 

Over 1,000  people with disabilities, mental health needs, seniors, workers and others held a march and protest in front of his Los Angeles office on Monday (September 15, 2008) for several hours.  (To view more pictures of the march and rally at the Governor's office in  the Ronald Reagan State Office Building in downtown Los Angeles, click here)

Marty Omoto Commentary: ENOUGH IS ENOUGH:  BUDGET DELAY MUST END NOW

 SACRAMENTO  [September 18, 2008 3:30 PM] - The Governor said yesterday (September 17) in Fresno that he would veto the budget bill passed by the Legislature on Tuesday because it did not contain true budget reforms and that "enough is enough".

 Well, he is correct on one thing: enough is enough.   But he is wrong to delay a budget any second further.   

The budget delay, now in its third month and the longest in State history, must end - and it must end now. (To read the full commentary - click here)

California Budget Crisis:
* BUDGET APPROVED BY SENATE 29 to 11
* BUDGET PASSES ASSEMBLY 61 to 1
* GOES TO GOVERNOR - MAY NOT SIGN IT
* BUDGET STAND-OFF SHIFTS TO GOVERNOR
* HUNDREDS PROTEST BUDGET DELAY IN LA

Both Houses Pass State Budget In Late Night Session Going Into Early Tuesday Morning Hours - Governor's Threatened Veto Could Force Legislature To Return And Override It - Budget Battle and Delay Has Major Impact to People With Disabilities, Mental Health Needs, Seniors, Low Income Families, Workers and Community Organizations 

SACRAMENTO (CDCAN) [Last updated 09/16/08 03:00 AM] -  The Legislature passed, after a record breaking 78 days, a State budget and a package of budget related bills, that stretched into the early morning hours of Tuesday, September 16th.  The State Senate passed the State budget just after 12:30 AM Tuesday morning by a vote of 29 to 11.  The Assembly later, just before 2:10 AM Tuesday morning (September 16th), passed the State budget bill by a vote of 61 to 1 (not the final vote).  That margin of approval was one of the largest in recent State history.  The Assembly adjourned its long session at 2:30 AM (September 16th). The Senate had adjourned an hour earlier.  

Click here to see full CDCAN Report #197-2008  reporting on passage of the State budget.

Click here to see full CDCAN Report #193-2008

NEW! - STATE SAYS IT WILL COMPLY WITH MEDI-CAL COURT ORDER - WILL RESTORE MEDI-CAL PROVIDER RATES THIS MONTH  - With the California budget crisis continuing with no end in sight, the Department of Health Care Services, which oversees the State's federal Medicaid program (called "Medi-Cal") filed papers yesterday (September 4) with US District Court Judge Christina S. Snyder saying it will comply with her court order to restore the 10% Medi-Cal provider rate cut for most fee for service providers by today (September 5) and dental providers by September 9th. [see CDCAN Report August 19, 2008 for more details on lawsuit at www.cdcan.us and for copy of the order itself]  That means that from those dates, Medi-Cal providers covered by Judge Synder's August 18th temporary court order (injunction) will be paid the full Medi-Cal reimbursement rate as it was before the 10% reduction took effect on July 1, 2008. CDCAN Report 187-2008  08/28/08 (click here)

NEW! - CALIFORNIA BUDGET CRISIS - DAY 59

SENATE WILL VOTE ON GOVERNOR'S COMPROMISE BUDGET PLAN AS REVISED BY SENATE DEMOCRATS - DOES NOT INCLUDE FEDERAL SSI COLA CUT

Unclear If Compromise Has Needed Republican Votes - Sales Tax Increase Would Remain Temporary - But No Reduction After 3 Years

SACRAMENTO (CDCAN)  - As previously reported, the State Senate is scheduled to vote on a State budget plan sometime on Friday, August 29.  The plan that will be put up for a vote is the Governor's "August Revised" budget compromise that he released August 20 - but with several significant revisions by Senate Democrats. For a copy of the revised plan go to the CDCAN website at www.cdcan.us

It is not clear if there are votes from at least 2 Senate Republicans to pass the budget - though the Senate Republican leadership says it is opposed to any tax increases, including sales tax increases, which the plan contains.  Given that, it appears the plan will likely fail to get the needed 27 votes for passage, though anything is possible depending on how the details of the compromise are laid out. 

 

 

No Cut To Federal SSI/SSP Cost of Living in Compromise Plan

The Governor's original compromise plan called for $2 billion in additional cuts on top of the spending plan put forward by the Democrats in June (as passed by the Budget Conference Committee controlled by Democrats), but Senate Democrats eliminated the Governor's proposal that called for suspension of the federal cost of living money due January 1, 2009 for people receiving SSI/SSP (Supplemental Security Income/State Supplemental Payment). 

 

Senate President Pro Tem Don Perata (Democrat - Oakland) announced on the Senate floor late this afternoon (August 27) that he intends to call for a vote on a compromise State budget plan sometime on Friday (August 29).  The State Senate will convene at 10:00 AM, though no definite time has been set yet when a vote on the budget compromise plan will take place. 

 

The State Constitution requires 27 votes to approve a budget in the State Senate.  Democrats control 25 of the 40 State Senate seats, with Republicans holding the remaining 15, which means if every Democrat votes for the budget plan, at least 2 Republicans are needed to vote for it too. 

NEW! AB 1674 IHSS Pilot Bill Passes Senate 25 to 12

Would Allow 5 Counties To Participate
Bill Would Allow IHSS Recipients in Pilot Counties To Choose IHSS Workers From A "Qualified" 3rd Party Organization Similar to How Persons With Developmental Disabilities Hire Agencies to Provide Supported Living Services (SLS)

SACRAMENTO (CDCAN) [Last updated 08/27/08 12:45 PM]  - The State Senate this afternoon (August 27) passed by a vote of 25 to 12, AB 1674 by Assemblymember Dave Jones (Democrat - Sacramento) that would authorize up to five consenting counties a pilot program that would allow persons receiving In-Home Supportive Services (IHSS) to select their IHSS workers from a "qualified" organization.   The bill, which was approved on a strictly party-line vote, now heads back to the Assembly for approval of amendments made in the State Senate.

The measure would also make changes to existing State law, and prohibit a fee from being charged to a IHSS worker (provider), potential IHSS workers or a person receiving IHSS to cover any costs of the investigation "associated with the criminal background checks or the cost to the California Department of Justice or any law enforcement agency for processing the criminal background checks", effective January 1, 2009.  

CLICK HERE TO FULL CDCAN REPORT #162-2008 FOR MORE DEAILS

 

NEW! STATE BUDGET CRISIS - DAY 56

FEDERAL COURT ORDERS COURT AUGUST 28th HEARING ON MEDI-CAL  -  FEDERAL JUDGE ORDERS STATE TO EXPLAIN DELAY IN IMPLEMENTING ORDER TO RESTORE MEDI-CAL RATES

 

SACRAMENTO (CDCAN)  -  With California now 56 days without a State budget and no agreement in sight, Federal District Court Judge Christina A. Snyder set a hearing August 28, 2008 (Thursday) at 2 PM at the US District Court in Los Angeles (Court Room 5) ordering the California Department of Health Care Services  to explain why it has not implemented her court order, issued August 18th, that blocked the 10% Medi-Cal provider rate reduction that went into effect July 1, 2008.  Her order also restored those rates retroactive to July 1. [copy of the order for this hearing, and the temporary injunction issued August 18 is available on the CDCAN website at www.cdcan.us and see previous CDCAN Reports on the court order last week, CDCAN Report #152-2008 and #153-2008]

 

The Judge's order last week is temporary until the lawsuit, Independent Living Center of Southern California et al. v. Sandra Shewry, Director of California Dept. of Health Care Services, goes to trial, but it was issued because the Judge believed there was a strong chance that the petitioners, representing people with disabilities and seniors who are Medi-Cal recipients, would eventually win the case.  The lawsuit was filed by attorneys with the Medicaid Defense Fund, a loose coalition of disability advocates and others. 

 

The federal lawsuit is one of three filed in the past several months - the other two, including one filed by a coalition of Medi-Cal providers in state court, are waiting further action. 

CLICK HERE TO SEE FULL CDCAN REPORT #159-2008   

CLICK HERE TO SEE AUGUST 18, 2008 COURT ORDER

CLICK HERE TO SEE ORDER FOR THE AUGUST 28th HEARING

NEW! TROPIC THUNDER MOVIE

WORDS MATTER IN A MOVIE - BUT WORDS AND ACTION ALSO MATTER IN SACRAMENTO TOO

 

"...we must never forget that the highest appreciation is not to utter words, but to live by them" - John F. Kennedy

 

SACRAMENTO  -  In recent weeks, there have been protests about a movie,  "Tropic Thunder" starring Ben Stiller, Robert Downey Jr, Jack Black and others. The movie was released August 15th and subsequently became the #1 box hit last week, garnering extremely favorable reviews in many major publications and newspapers. On one level, the movie is meant to be a parody or farce making fun of actors and the filmmakers.  And it makes fun of many people (Robert Downey Jr is in blackface in the movie for instance).  

 

It uses the "R-word", which many advocates for people with disabilities and others, including myself, find offensive.

 

Beyond the movie, some people also think it is okay to use the "R-word" to use it to describe some foolish action as in "that's retarded...." or "what a retard", similar to other expressions that are just as offensive but describe similar things, such as "that's gay" and of course, the "N-word".  All those words are bad. 

Any expression that is derogatory is terrible - and I am writing out the words here, as bad as it looks on paper and sounds - for those who may not understand or know what the "R-word" is. 

 

The recent protests organized against the movie focused solely on how the movie depicted or referred to people with developmental disabilities - people like my sister Alana. Real people like Simone DuMong and Kevin Hosseni in Santa Barbara, or Vera Dove in Ventura, or Christal Hopkins and Alex Brown in Fresno, or Jody Barker and Kathy Farrar in San Luis Obispo, or Robert Jacques in Monterey, or Michael and Benaye Cooke in Red Bluff or David Engberg in Sacramento. 

Our friends, our children, our brothers and sisters, our spouses, our families -  our community. 

I cringe even now when I remember how cruel people could be in taunting me, my sister and others in her special education class. But I also remember otherwise good people, who stood by and let the taunting happen, or said or did things just as bad by disguising their words.

 

Crystal Hopkins gives Maria Shriver an article about living with disabilities in California to call attention to those in need Friday in Fresno.Tim Shriver, the brother in law of the Governor and his sister, Maria Shriver, California's First Lady. both have spoken out strongly against the movie and its use of words that are disrespectful and harmful. 

 

[Writer's Note: Christal Hopkins, a close friend of mine - virtually my sister, is  pictured (left) with California First Lady Maria Shriver . She is giving Shriver a copy of  my  commentary "The Other California" (written March 2005) during a visit to Fresno on March 26, 2006.  The "Other California" commentary is on the CDCAN wesbite under "Marty Omoto Commentary" . The First Lady promised Christal Hopkins - who is a strong part of CDCAN - that she would read the commentary.  (Photo from the Fresno Bee)]. 

 

Tim Shriver, who heads the Special Olympics founded by his mother, Eunice Kennedy Shriver (the Governor's mother-in-law), helped to organize, lead and be a spokesperson for the protests against the movie, including a boycott, along with other advocacy groups and organizations in California and across the nation. 

 

Maria Shriver's stand on the issue was made public in a recent Los Angeles Times opinion piece she wrote against the movie's use of the "R-word", and how that impacts people with developmental disabilities and she was widely praised for doing that.

 

But there is something profoundly missing from the protests and objections to thea movie, that is an important lesson for us to learn and remember as advocates.

 

Words Matter In A Movie - But So Do Words and Action In Sacramento

Yes, words in a movie do matter.

 

But so do words and action in Sacramento - and in Washington.  

 

And those words and actions impact real people as much as any movie does. 

 

One can argue that words in a movie are unrelated to words and action in Sacramento and Washington. One could say that the harm caused by words in a movie, or newspaper or radio are different than the harm caused by words and action in Sacramento and Washington.

 

That is an argument that some policymakers would like us to make - and lose.  

 

When our advocacy is divided not only in its approach in Sacramento, but in its response to harmful attacks elsewhere, then we lose - the communities of people with disabilities, mental health needs, seniors.   (CLICK HERE TO SEE ENTIRE COMMENTARY)

NEW! FEDERAL JUDGE BLOCKS MEDI-CAL PROVIDER RATE CUT

Judge's Order Is Effective Until Lawsuit Filed By Medicaid Defense Fund on Behalf of Medi-Cal Recipients Goes Is Decided -  Chief Counsel Lynn Carman Says Another Lawsuit Planned To Force State To Pay Vendors During Period of No Budget

 

SACRAMENTO (CDCAN) [Last Updated 08/20/08 12:05 AM] - In a major victory for Medi-Cal recipients and providers, US District Court Judge Christina A. Synder issued a temporary order Tuesday (August 19) to temporarily half the 10% Medi-Cal provider rate reduction that went into effect July 1. The judge's order impacts the Medi-Cal rate reductions for Medi-Cal "fee for service" providers including doctors, dentists, pharmacists, adult day-care centers and other providers who provide services to people in the Medi-Cal program.  The order reverses the 10% cut to those Medi-Cal providers for dates of services provided on or after July 1, 2008. 

 

The order excludes some hospitals who do not contract with the State and do not provide emergency care.  The case number is CV 08-3315 CAS (MANx).  (For copy of the 22 page temporary injunction click here)  To Read CDCAN Report #153-2008 click here and CDCAN Report #152-2008 click here

 

The case was filed against Sandra Shewry, director of the California Department of Health Care Services, which oversees the Medi-Cal program.  That department is under the California Health and Human Services Agency, overseen by Secretary Kim Belshe.  The judge's order, while temporary, is still a major setback for the Schwarzenegger Administration.

 

Suit Filed By Medicaid Defense Fund For Medi-Cal Recipients

 The federal lawsuit was filed in the US District Court of the Central District of California (in Los Angeles) by the Medicaid Defense Fund for a number of persons who receive Medi-Cal services and supports.

[CDCAN note: the earlier CDCAN Report #152-2008  incorrectly reported that the lawsuit was filed by Medi-Cal providers and that the lawsuit by Medi-Cal recipients was still pending. In fact the reverse is true - the suit by Medi-Cal providers which also seeks to block the Medi-Cal rate reductions, was filed in State court and is still pending.  Both suits requested a temporary injunction that would temporarily block and reverse the cuts that went into effect July 1, 2008. My apologies to my friend Lynn Carman, chief counsel of the Medicaid Defense Fund!]

 

Temporary Order Made Because Judge Believes Suit Could Win

The temporary order by the district court judge was made because he believed there was a possibility the lawsuit could have a chance of prevailing.  The case has not yet gone to trial, but the judge's order - which the plaintiffs (those who filed the lawsuit) requested, would halt the provider rate cut for most of the Medi-Cal providers impacted.

The temporary court order means that the State reduction of close to $600 million in State general funds would have to be - at least for now - restored back to the Medi-Cal program to pay providers.  It is not clear yet how the State will comply with the order with no State budget in place. 

 

Medicaid Defense Fund Will File Another Suit To Order State To Pay Other Vendors

Lynn Carman, the chief counsel of the Medicaid Defense Fund which filed the suit, said he was very pleased by the Judge's order and plans on looking at further legal action to force the Governor and other state officials to make payments to State vendors that it has stopped making since the budget stalemate began 50 days ago. Those vendors include community organizations who provide critical services to people with disabilities, mental health needs, seniors and low income families who are facing closure, reduction in services because the State cannot reimburse them until a State Budget is in place. 

 

Carman said he would file a new suit in Sacramento Superior Court to obtain a "writ of mandamus" which is legal action that would order, if the Judge approves, the Governor, Controller and State Treasurer to "pay all claims for goods and services furnished to or on behalf of the State" during the periods when there is no State budget. 


The Medicaid Defense Fund had filed a similar "writ of mandamus" in Los Angeles about two weeks ago, but that request was denied last week,

 

Governor Had Proposed Permanent 10% Medi-Cal Provider Rate Cut

The Governor proposed in January a 10% permanent rate reduction for most Medi-Cal providers as part of his emergency budget legislation, which the Legislature approved in February, to take effect July 1. 

Other proposals by the Governor cutting Medi-Cal services, including permanent elimination of 11 Medi-Cal "optional benefits" were also made in January, but rejected by the Legislature in June.  However until a State Budget is passed and signed into law, no cut or other proposal is completely off the table. 

 

Many Provider Rate Cuts Restored by Budget Committees In June As Part of Budget Stalled In Legislature

Many of those provider rate reductions were reversed by the Senate and Assembly budget committees in June, but that action, along with others, are part of the State budget proposal that has been stalled for the past 50 days. 

 

Over 6.5 million children and adults are enrolled in the Medi-Cal program, including over 1.6 million children and adults with disabilities, the blind and low income seniors.  The program is matched by state funds and federal Medicaid funds. 

STATE LEGISLATION

SB 1608 PASSES ASSEMBLY BY VOTE OF 67 to 0 (AUGUST 19, 2008) 

SB 1608 (CORBETT - STEINBERG) DISABLED PERSONS: EQUAL ACCESS RIGHTS - CIVIL ACTION (Last amended on August 12)   click here for 08/12/08 amended HTML version)  (click here for 08/12/08 PDF version)  (click here for latest CDCAN Report on the bill)  

Photo of Joan B. LeeLoss Of A Beloved Advocate

JOAN B. LEE, GRAY PANTHER LEADER PASSES AWAY AT AGE 81 YEARS - Memorial Service Held August 15th

 

[Last Updated 08/19/08 1:42 PM] SACRAMENTO (CDCAN) - Hundreds of people remembered and honored the life of Joan B. Lee, (pictured left) a beloved and admired advocate for seniors and people with disabilities and leader of the Sacramento Gray Panthers at a memorial service held August 15 at the Unitarian church in Sacramento.  Lee, 80 years old,  died Saturday evening on July 26, 2008 at Kaiser Hospital in Sacramento. 

Death Caused by Cancer

Her death was caused by complications resulting from lung and bone, liver cancer that had spread rapidly.  She was admitted to Kaiser Hospital on Friday, July 4th, though it wasn't until July 20 that a diagnosis of cancer was made. 

 

Her condition deteriorated rapidly and she had not been awake since Thursday.  At that point it was determined that her condition was too weak to move her out of the hospital to home hospice care and instead, transferred her to another private room in the hospital Thursday evening (July 24).

 

Address for Condolences and Cards

Condolences, messages of support can be sent to her husband Arnie Godmintz - Family of Joan Lee) at their home in Sacramento:

5313 Fernwood Way
Sacramento, CA 95841

Joan Lee Was Widely Admired and Respected

As a longtime and prominent leader of the Sacramento Gray Panthers, her death leaves a tremendous void in the leadership in the fight for the rights of seniors and people with disabilities and mental health needs.  

 

Lee was widely respected and admired by thousands of seniors and people with disabilities across California and the nation, including policymakers in Sacramento and Washington, DC.

 

 

Photo of Protestor Holding "No More Cuts" Sign July 11, 2008 Olmstead Committee Meeting in SacramentoJuly 11th Protest at Olmstead Advisory Committee Meeting in Sacramento and Pack Meeting Room 

People came to protest on Friday morning outside the Department of Health Care Services building in Sacramento, just before the start of the California Health and Human Services Agency's  Olmstead AdvPhoto of July 11, 2008 Olmstead Protest in Sacramentoisory Committee on July 11, 2008, despite the heat, smoke outside and the one hour delay in the actual start of the meeting before public comment could be taken (due to technical difficulties).  Many of those who came were able to make public comments to the Olmstead Advisory Committee and top level health and human service agency heads present including the directors of the Departments of Aging, Developmental Services (regional centers, developmental centers), Health Care Services (Medi-Cal and long term care programs), Mental Health (mental health community based programs and state hospitals), Social Services (In-Home Supportive Services, SSI/SSP, adult protective services, adoption assistance and foster care programs).  People who spoke during the public comment, including several by phone, told the committee members and department heads about how proposed and enacted budget cuts impact people's lives and compliance with the 1999 US Supreme Court Olmstead Decision and other state and federal rights.  

Photo of Protestor holding sign at July 11, 2008 Olmstead Protest In SacramentoPhoto of protestors July 11, 2008 Olmstead Committee Meeting Sacramento, CA

Photo of Protestors - July 11, 2008 Olmstead Meeting SacramentoPhoto of protestors - July 11, 2008 Olmstead Committee meeting SacramentoThe Olmstead Committee was created by executive order of Governor Schwarzenegger in September 2004 after he vetoed legislation that would have created a similar committee in State law.  The committee, which held it's first meeting in March 2005, is responsible for advising the Secretary of Health and Human Services on the State's compliance of the 1999 US Supreme Court "Olmstead Decision" which requires the states to take steps to avoid the unnecessary or unjustified institutionalization of people with disabilities and seniors, under the federal Americans With Disabilities Act.  

ASSASSINATION 40 YEARS AGO

ROBERT F. KENNEDY: AMERICA REMEMBERS HIS 1968 CAMPAIGN AND MESSAGE Photo of RFK CollageOF HOPE AND RECONCILIATION

 

“Few will have the greatness to bend history itself; but each of us can work to change a small portion of events, and in the total of all those acts will be written the history of this generation… It is from numerous diverse acts of courage and belief that human history is shaped. Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current which can sweep down the mightiest walls of oppression and resistance.”  - Robert F. Kennedy

 

In the midst of a history making presidential campaign in 2008, many Americans will pause and reflect today and tomorrow, marking the 40th anniversary of the assassination of Senator Robert F. Kennedy, after his triumph in the California presidential primary at the Ambassador Hotel in Los Angeles. [See CDCAN Report #125-2008]

 

Kennedy was shot just minutes after midnight on June 5, and died just after 1 AM on June 6th - barely two months after the assassination of Martin Luther King, Jr. in Memphis and four and half  years after the murder of his brother, President John F. Kennedy in 1963.

 

Kennedy  was only 42 years old when he died in the early hours of June 6th. [pictured left campaigning in Sacramento to a frenzied crowd,  March 1968 just a few days after he announced his candidacy],

 

The loss of two remarkable national leaders to violence in a time span of two months seems unbelievable now, 40 years later. And both the assassinations of Bobby Kennedy and King occurred just a few years after President John F. Kennedy was killed, murders of civil rights leader Medgar Evers and others,  and combined with escalating fighting and deaths in Vietnam, riots in April and in the summer in many American cities and at the Democratic Convention in Chicago, traumatized the nation in ways that perhaps it has never recovered from. 

 

To read CDCAN Report for full report (CDCAN REPORT 125-2008) click here)

To hear Sen. Edward M. Kennedy's eulogy to his brother, given at Robert Kennedy's funeral services at St. Patrick's Cathedral in New York CIty, (click here)

To view more photos of Robert F. Kennedy (click here)

Photo of Kim Belshe, Secretary of the CA Health and Human Services AgencyNEW! AUDIO RECORDING MAY 14, 2008 - CDCAN TOWNHALL TELEMEETING FEATURING KIM BELSHE, SECRETARY OF THE CALIFORNIA HEALTH AND HUMAN SERVICES AGENCY & OTHER TOP SCHWARZENEGGER ADMINISTRATION OFFICIALS

In a sign of widespread deep concern about the Governor's proposals calling for major cuts to Medi-Cal, In-Home Supportive Services, SSI/SSP, Cash Assistance Program for Immigrants (CAPI), CalWORKS and other major programs, over 700 people with disabilities, mental health needs, seniors, their families, community organizations and low income support workers and other advocates and policymakers participated to hear updates and ask questions directly to top Schwarzenegger Administration officials, led by California Health and Human Services Secretary Kim Belshe. 
Belshe was joined also by John Wagner, director of the Department of Social Services which oversees a wide range of critical programs impacting people with disabilities and others including In-Home Supportive Services, CalWORKS, SSI/SSP, Cash Assistance Program for Immigrants, Adult Protective Services, Foster and Adoption Assistance Programs, and Sandra Shewry, director of the Department of Health Care Services, which oversees Medi-Cal and other long term care services and programs, including Adult Day Health.  Stan Rosenstein, chief deputy director of the Department of Health Care Services and head of the State's Medi-Cal program - the largest Medicaid program in the nation, was also on hand. 

The California Health and Human Services Agency oversees the Departments of Developmental Services, Social Services, Health Care Services, Aging, Mental Health, Public Health, Rehabilitation that oversee programs serving millions of people with disabilities, the bloind, people with mental health needs, seniors, and others.

(CLICK HERE FOR MP3 AUDIO RECORDING)  (CLICK HERE FOR REAL MEDIA AUDIO RECORDING)

Note: need real player or similar audio player on your computer to play back.  If you have problems, please send email to Marty Omoto at martyomoto@rcip.com

NEW! PROPOSITION 98 ON JUNE 3, 2008 PRIMARY BALLOT - WOULD ABOLISH RENT CONTROL IN CALIFORNIA - A little known initiative on the June 3 California primary election ballot would prohibit new rent control measures and eventually abolish existing rent controls in the State that advocates say will have a major impact on accessible and affordable housing for tens of thousands of low income people with disabilities, seniors, low income workers who provide supports and services, including those in communities of color. The ballot measure, Proposition 98 is titled "Eminent Domain: Limits on Government Authority" and would amend the State Constitution. (click here to read CDCAN Report of May 11, 2008)  (click here to view text of Proposition 98)  (click here to view analysis of Proposition 98)  (click here to visit website of those opposing Proposition 98) or www.noprop98.org    Read Los Angeles Times editorial published May 12, 2008 in opposition to Proposition 98 (and in support of Proposition 99) (click here to read it)

AUDIO RECORDING - MAY 8, 2008 CDCAN Townhall Telemeeting on Access Rights and SB 1608, featuring author of the bill, Sen. Ellen Corbett (Democrat - San Leandro), key legislative staff, advocates (both for and against the bill)    (click here to listen to mp3 audio copy - need realplayer) (click here if that doesn't work using a different audio copy that might work on your computer - will take a few minutes to downcload)

SB 1563 (PERATA): AUTISM - HEALTH INSURANCE COVERAGE

LATEST ACTION 05/08/08: PASSED State Senate by vote of 33 to 1. To Assembly.  

Related information: September 2007 Legislative Blue Ribbon Commission on Autism Report to the Governor and Legislature:  (click here for full 101 page report)  (click for executive summary)

AUDIO RECORDING - APRIL 30, 2008 CDCAN Townhall Telemeeting on Regional Center and Developmental Center Budget Updates, featuring the California Department of Developmental Services (DDS) Director Terri Delgadillo, deputy directors Julia Mullen and Rita Walker - providing budget updates and answering questions from audience of hundreds.   (click here to listen to mp3 audio copy - need realplayer) (click here if that doesn't work using a different audio copy that might work on your computer - will take a few minutes to downcload)

NEW! MEDI-CAL LAWSUIT by MEDI-CAL RECIPIENTS AND AN INDEPENDENT LIVING CENTER , FILED APRIL 22, 2008 (click here for pdf copy)

STATE BUDGET UPDATE  
NEW - AGENDA FOR APRIL 23, 2008: ASSEMBLY BUDGET SUBCOMMITTEE #1 ON HEALTH AND HUMAN SERVICES FOCUSING ON DEVELOPMENTAL SERVICES (Regional Centers and Developmental Centers) 

NEW - LATEST CDCAN REPORT ON THE BUDGET (click here)

NEW - "CONTROLLING REGIONAL CENTER COSTS" REPORT by the Department of Developmental Services, as required by AB 203 (one of the several budget related bills) - (click here to view or download report)

NEW - "TRENDS IN DEPARTMENT OF DEVELOPMENTAL SERVICES EXPENDITURES: IMPACT OF COST CONTAINMENT MEASURES" Report by Accumen, LLC submitted to the Department of Developmental Services on April 4, 2008.  (click here to view or download report)

NEW - LATEST LIST OF POLICY AND BUDGET SUBCOMMITTEE HEARINGS (click here)

NEW - LATEST BUDGET SUBCOMMITTEE HEARINGS  (click here)

OTHER STATE BUDGET NEWS (click here)

LEGISLATIVE UPDATE - CALIFORNIA

Bill relating to public social services and making it unlawful (but not a crime as in previous bills) to charge an "unreasonable fee" for anyone to help another person obtain or maintain (in fair hearings, redetermination, etc) public social services as supervised or administered by the Departments of Health Care Services, Social Services and Public Health. Bill was last amended on April 14, 2008 and is set for hearing on April 29 in the Senate Judiciary Committee

SB 483 - MEDI-CAL ELIGIBILITY BILL (implements major provisions including increasing the exemption of the value of one's home for Medi-Cal eligibility, as required by the federal 2005 "Deficit Reduction Act"), which is set for hearing before the Assembly Health Committee on June 24, 2008, at 1:30 PM, State Capitol, Room 4202.    (Click here to read CDCAN Report #127-2008 for details)  Latest amended June 18, 2008 version of the bill:  (HTML VERSION - CLICK HERE)   (PDF VERSION - CLICK HERE)

SB 1608 (CORBETT - STEINBERG) DISABLED PERSONS: EQUAL ACCESS RIGHTS - CIVIL ACTION click here for 05/27/08 amended HTML version)  (click here for 05/27/08 PDF version)  (click here for CDCAN Report on the bill with summary

LATEST ACTION 05/29//08: Passed Senate by vote of 40 to 0.  In Assembly.  

SB 1136 (ALQUIST) - PUBLIC SOCIAL SERVICES: UNREASONABLE FEES

 For copy of CDCAN Report dated March 29, 2008 covering amendments to SB 1136 and hearing scheduled for April 8, 2008 by the Senate Human Services Committee and a report of other bills scheduled for hearing on that day (click here)

 

Three controversial civil rights bills dealing with access rights, both set for hearing April 29, 2008 before the Assembly Judiciary Committee (AB 2533) and the Senate Judiciary Committee (SB 1766):

 

AB 2533 (KEENE) - DISABILITY: REMEDIES (30 DAY NOTICE)

Note: bill has not been amended since introduction (as of April 18, 2008) 

 

SB 1766 (McCLINTOCK) - DISABILITY: ACCESS (6 MONTH TIME PERIOD)

Note: bill has not been amended since introduction (as of April 18, 2008)

 

See the  latest CDCAN reports on legislation in the California Legislature that impact people with disabilities, seniors, people with mental health needs, their families, low income workers who provide supports and services, community organizations and others.  To view the latest and previous CDCAN Reports (click here)

Photo of Martin Luther King, Jr.  REMEMBERING MARTIN LUTHER KING JR:
40 YEARS (APRIL 4, 1968) SINCE HIS ASSASSINATION IN MEMPHIS

See special CDCAN Report (#056-2008) released on April 3, 2008 remembering and honoring a great American leader (click here to view the special CDCAN report

 

CESAR CHAVEZ DAY MARCH 31, 2008Photo of Cesar Chavez by Rick Tejada Flores

Cesar Chavez, the founder of the United Farm Workers union, died in 1993 at age of 66 years old, but his work and legacy of fighting for the rights of the farmworkers and against injustice continues. 

His leadership was and continues to be an inspiration to millions of Californians and others across the United States.  

The California Legislature was in recess on Monday, March 31, 2008, in honor of Chavez and his work.  

Robert Kennedy with Cesar Chavez March 1968 Delano 

 

Pictured (left) with Senator Robert F. Kennedy after Chavez ended his hunger strike in Delano, March 1968, less than three weeks before the assassination of Martin Luther King, Jr and two months before the assassination of Kennedy. 

 

 

OTHER STATE BUDGET NEWS - ACTIONS TAKEN IN FEBRUARY 2008

As of February 16, 2008, Governor Arnold Schwarzenegger approved the 6 emergency budget bills sent to him by the Legislature that include some but not all of the major sweeping cuts he proposed in January to address the $14.5 billion budget shortfall.  Both the Assembly and the State Senate had voted on Friday (February 15) to approve some of the Governor's proposed cuts to the current year State Budget, some of his proposed cuts to next year's budget (2008 to 2009) and also proposals to address the State's cash flow crisis. The actions by both houses  were supported by both Democrats and Republicans.  The cuts include a 10% reduction to most Medi-Cal providers effective July 1, 2008 (not June 1, 2008 as the Governor proposed), permanent continuation of regional center "cost containment" measures that means over $329 million in spending reductions, suspension of the cost of living increase of the state funded portion of the SSI/SSP grants due June 1 and delayed until October 1, 2008, suspension from July 1 to October 1, 2008 of the cost of living increase due to CalWORKS recipients, cuts to the mental health EPSDT program, though lower than what the Governor proposed.  .  

* There are six bills containing the emergency budget cuts and other changes that were approved by both houses on Friday. 

* The bills have a designation of "x3" which stands for the 3rd extraordinary (or special) session. There are two other special sessions on health ("x1") and on water ("x2"). 

* The six bills, after the Governor signed them,  go into effect immediately - though the actual cuts or cost shifting or deferrals go into effective depending on the dates specified for each specific program. 

* The package of six bills are (click on the bill number to get latest copy as signed by the Governor February 16, 2008:  :

ABx3 3  - Contains line item changes to the 2007-2008 State Budget act - for HTML version (click here)  

 

In addition to ABx3 3, the following are budget related or "trailer bills" that contain needed changes in State law that would implement the budget cuts, cost shifting and delays in payments in ABx3 3: 

 

ABx3 4  - Education cuts, shifting of funding - for HTML version (click here)

ABx3 5  - Health (includes changes to state law that implement Medi-Cal provider rate reduction, regional centers) - for HTML version (click here)

ABx3 6  - Human Services (includes SSI/SSP and CalWORKS state funded cost of living suspension until 10/08) - for HTML version (click here)

ABx3 7  - Transportation (including delay payments to local counties of gas tax reimbursements) - for HTML version (click here)

ABx3 8  - General government (includes defers filling unfilled and new judgeships) - for HTML version (click here)

To read more details see the  February 13th CDCAN Report #032-2008  (click here) and CDCAN Report #033-2008 (click here)  ,CDCAN Report #036-2008, February 15, 2008 (click here)  and the CDCAN Report #037-2008, February 16, 2008 (click here)

To view or download the February 13, 2008 23-page Senate Budget and Fiscal Review Committee agenda (click here)

LEGISLATIVE UPDATE - FEDERAL

HR 5613 - "Protecting the Medicaid Safety Net Act" by Representative John D. Dingell (Democrat - Michigan), chair of the House Committee on Energy and Commerce and co-sponsored by 220 other House members, including Republican Representative Tim Murphy (Republican - PA).The bill passed the House of Representatives on April 23, 2008 easily.   (Click here for latest copy of HR 5613-PDF)  (click here for HTML version of HR5613)

Click here to see the (click here for CDCAN Report #059-2008) released on April 6, Sunday evening, on the latest on the two bills - HR 5613 and S. 2819 (not yet in print) that seek to block for at least one year, implementation of seven federal Medicaid regulations that governors, state and federal policymakers and advocates say will result in a loss of over $50 billion in federal Medicaid funding to the states, and result in significant reductions in services for children and adults with disabilities, including autism, mental health needs, seniors and others.  

Click here for CDCAN Report #84-2008, publishede April 23, 2008 for details on Hr 5613 (click here for report)

MARTY OMOTO COMMENTARY
DISABILITY RIGHTS PERSPECTIVES

NEW!  Budget Crisis and Words:   Don't Like "Tax Increase"?   Okay - Call It A "Budget Surge" 
  Policymakers often like to use words that make the world - as they hope we'll see it -  better. 
 That is human nature and to some extent we all do that to mask or somehow hide unpleasant or bad news (like responding to a friend in need of exercise who asks how their brand new spandex exercise shorts look on them, though I suppose it depends on the friend). 
 It's like the proverbial story of a parent telling a child that the old family dog was taken to a farm out in the country so he can roam free and live (rather than being told unfortunately that he was "put down" or less delicately,  put in a cardboard box and "killed" at the local vet's office. Either way, its hard to make that sound good).   
One believes masking the truth of course, makes it easier on the child, though it is also done to make it easier on the person who is giving the news so that it doesn't sound so bad.  
 Likewise, use of different words can create an artificial reality that allow policymakers during a budget crisis to speak of unpleasant proposals, bad and even horrific ideas that one would normally dare not speak in public (never mind in church).  
 Yet, somehow by using other more pleasant sounding words to describe something really bad, it makes it easier to say and easier to hear.  (
CLICK HERE TO VIEW OR DOWNLOAD ENTIRE COMMENTARY)

NEW! "INDIFFERENCE AND REMEMBERING THE PAST: A LESSON IN ADVOCACY

I originally wrote and released this on December 20, 2007 during the Christmas holiday weekend, but the message really is about indifference and advocacy. 

It refers to memories of how California treated people who were buried in unmarked graves in state institutions - but the real lesson and point of the commentary was about indifference, about how people - including policymakers will always claim they did not know.  But they did.  They do. 

 

With the Cesar Chavez state holiday observance on March 31, 2008, it is appropriate to remember his legacy and work of fighting for the rights of people who worked and work in California's farm fields.  Like any struggle that fights injustice, the biggest enemy then and now is indifference - not only of government but indifference of millions of Californians. 

 

Now, our communities - including Asian Pacific Islanders, Latinos, African Americans - all people with disabilities, including those with autism, people with mental health needs, seniors, low income families and children, people with traumatic brain and other injuries, low income workers who provide services and supports are threatened with enormous and sweeping spending reductions - some already approved, and many still proposed and waiting action by the California Legislature.

 

I am resending this out because this commentary is really about advocacy - about fighting indifference, about fighting for one's rights and remembering that a life always matters.  Remembering the legacy of Cesar Chavez means we should also remember that the opposite of love as Elie Weisal once wrote, is not hate, but indifference.  We need to remember that as we fight against injustice in the coming weeks and months.  We will be issuing in the coming weeks, Action Alerts and organizing local and statewide events on these issues. 

Recently, the remains of about 40 children and adults with disabilities and other special needs, originally buried in unmarked graves during the late 1890's on the grounds of the now-closed Stockton State Hospital (45 miles south of Sacramento) were reburied   They were among the estimated 25,000 children and adults with developmental disabilities and people with mental health needs who lived and died in California's state hospitals between the mid-1880's and 1965. 
During  that time period,  those 40 children and adults in Stockton, like the thousands of others buried in other places at that state facility and other state hospitals, were considered "invisible" members of society and ignored by the rest of the world even when they lived. Those without families to claim their bodies when they died, were often put into unmarked graves and were forgotten as quickly as the last shovel of dirt that covered them....

(CLICK HERE TO READ FULL MARCH 30, 2008 REVISED AND UPDATED COMMENTARY)    

(CLICK HERE TO READ THE FULL ORIGINAL DECEMBER 20, 2007 COMMENTARY)

Photo of Aaron Dimmitt"A LIFE THAT MATTERED" 
"I remember an enchanting photo of a  young 4 year old boy, on a swing pushed gently by his unseen father, the boy's face it on one side by bright  sunlight, his eyes squinting in an almost teasing way, legs dangling playfully, his head tilted trying to catch the attention of his mother taking the picture, with a magical smile captured on a golden day long past..."  [excerpt]  This commentary dedicated to the lives and memories of Aaron Dimmitt (pictured left), and also Jeannette Nishikawa, Mary Ann Jones, Bob Roberts and Jane Jackson, my two sisters Alana and Sheri, and so many other friends. Also in memory of ADAM MARSHALL, who had developmental disabilities, son of Karla and David Marshall of Monrovia, California, who died unexpectedly on January 23rd, at the age of 13 (he just had his birthday on January 9), and JULIE GUZMAN of Santa Barbara, who had developmental disabilities and was also a In Home Supportive Services worker and a tremendous disability rights advocate.  We miss them both.  CLICK HERE FOR FULL COMMENTARY

Our Voices United  

by Shirley Klein
Sacramento, California - Member of Capitol People First & CDCAN.

Our voices united, The peril undone
We stand tall together, But we've only begun.

Our freedoms are threatened, Our lives on the line
We don't have tomorrow, Today is our time.

Let our unity thunder,  Till power and greed
Both crumple before,  The depth of our need.

Let our unity Clamor, For all who have died
Because no one would hear them, Or come to their side

The whole world is watching, To see where we stand
The whole world is waiting,  Come on - take my hand

Klein wrote this poem especially for a California Disability Community Action Network Rally in 2003. She passed away May 2007 in Grass Valley, California.  She will be always remembered and loved.  

CDCAN TOWNALL TELEMEETINGS:

CDCAN TOWNHALLS TO BE SCHEDULED VERY SOON!

ACCESS & CIVIL RIGHTS - latest updates on access and civil rights related bills, including recent bills introduced or moving through the legislative process, regulations, legal action

 

MEDI-CAL - latest updates on budget related issues, update on implementation of the federal Deficit Reduction Act and more

 

SPECIAL EDUCATION - latest updates on budget issues, legislation

 

IN-HOME SUPPORTIVE SERVICES (IHSS) - latest budget updates and updates on legislation

 

TO LISTEN TO THE AUDIO RECORDINGS OF THE CDCAN TOWNHALL TELEMEETINGS YOU MAY NEED TO HAVE REALPLAYER ON YOUR COMPUTER - YOU CAN DOWNLOAD A FREE VERSION OF REALPLAYER FROM THE INTERNET.  

  Audio Recording - January 28, 2008 CDCAN Townhall Telemeeting on In-Home Supportive Services (IHSS) and SSI/SSP Budget Updates, featuring the California Department of Social Services (DSS)  Eva Lopez,  Deputy Director of Adult Programs, and Eileen Carroll, Bureau Chief, Adult Programs - who oversee the In-Home Supportive Services Programs, and also the SSI/SSP (Supplemental Security Income/State Supplemental Payment) Program providing budget updates and answering questions from audience of hundreds of people with disabilities, mental health needs, seniors, families, community organizations and other advocates across California  (click here to listen to mp3 audio copy - need realplayer) (click here if that doesn't work using a different audio copy that might work on your computer - will take a few minutes to download)

NEW! Audio Recording - January 23, 2008 CDCAN Townhall Telemeeting on Regional Centers and Developmental Centers, featuring the California Department of Developmental Services (DDS)  Terri Delgadillo, Department Director, and Julia Mullen, Deputy Director and Rita Walker, Deputy Director providing budget updates  and answering questions from audience of over 450 people with disabilities, mental health needs, seniors, families, community organizations and other advocates across California  (click here to listen to mp3 audio copy - need realplayer) (click here if that doesn't work using a different audio copy that might work on your computer - will take a few minutes to download)

NEW! Audio Recording - January 16, 2008 CDCAN Townhall Telemeeting on Medi-Cal featuring California Department of Health Care Services top officials Stan Rosenstein, Chief Deputy Director and Toby Douglas, Deputy Director (and other department officials) focusing on updates impacting Medi-Cal, implementation of the 2005 federal Deficit Reduction Act relating to Medi-Cal eligibility (including assets), update on AB 851 and the California Working Disabled Program  and answering questions from audience of hundreds of people with disabilities, mental health needs, seniors, families, community organizations and other advocates across California  (click here to listen to mp3 audio copy - need realplayer) (click here if that doesn't work using a different audio copy that might work on your computer - will take a few minutes to download)

Audio Recording - November 27, 2007  covering the Department of Developmental Services (DDS)  featuring Mark Hutchinson, Chief Deputy Director and Julia Mullen, Deputy Director of Community Services and Supports Division. (click here to listen to mp3 audio copy - need realplayer) (click here if that doesn't work using a different audio copy that might work on your computer - will take a few minutes to download)
Note:  Over 250 people with developmental and other disabilities, seniors, workers, organizations, advocates, and others across the State participated in this townhall.  Due to some technical difficulties there is some echo during parts of this townhall. The townhall included updates on developmental services including regional centers and developmental centers, update on self directed services program, closure of Agnews Developmental Center, update on Adoption Assistance Program (AAP) related issues, update on Supported Living Services proposed regulations, update on AB 203 report to the Legislature

click here

Photo of Betty Bacon, Disability Rights AdvocateREMEMBERING BETTY BACON  

Long time disability advocate, Betty Bacon passed away Sunday February 24, 2008 after a brief illness at age 61.  She was beloved by many in her community and across the State for her leadership and example.  The celebration of Betty Bacon's life was held on  Sunday, April 20, 2008, at the Town and Country Resort in San Diego. 

Click here for April 19, 2008 CDCAN Report for details (click here)

 

 

Photo of Cheryl Cairns, Executive Director of Silicon Valley Independent Living Center Who Died February 11, 2008REMEMBERING CHERYL CAIRNS

EXECUTIVE DIRECTOR OF THE SILICON VALLEY INDEPENDENT LIVING CENTER (SAN JOSE, CALIFORNIA) WHO PASSED AWAY EARLY MONDAY MORNING (FEBRUARY 11, 2008).  [See CDCAN Report 031-2008 for details (click here) and CDCAN Report #35-2008 (click here

 To send condolences or donations in her memory, contact the Silicon Valley Independent Living Center at 

Silicon Valley Independent Living Center (SVILC)
2306 Zanker Road, San Jose, CA 95131
Phone: (408) 894-9041  FAX: (408) 894-9050
TDD: (408) 894-9012  website: www.svilc.org