ADAPT's Call to Action for Home and Community in America

Common People Holding Our Government Accountable for Enforcing Our Rights

Showing posts with label Governor Arnold Schwarzenegger. Show all posts
Showing posts with label Governor Arnold Schwarzenegger. Show all posts

Sunday, March 7, 2010

Obama Administration Joins Suit Against In-Home Care Cuts

http://www.sacbee.com/static/weblogs/capitolalertlatest/2010/03/obama-administr-1.html
The Obama administration has filed an amicus brief supporting a lawsuit against a state plan to cut or reduce subsidized in-home care to 130,000 seniors and disabled people in California.

Attorneys with the U.S. Justice Department's civil rights division filed the brief Tuesday in the U.S. Court of Appeal for the Ninth District.

An injunction in a lower federal court stopped the state with going forward with its plan pending the outcome of a suit filed by Disabled Rights California, the National Senior Citizens Law Center and others.

The Schwarzenegger administration appealed, saying officials had a right to reform the In-Home Supportive Services program.

The changes were intended to save the state budget $82.1 million this fiscal year by cutting services to certain people based on an index measuring their mental and physical abilities.

Disabled-rights attorneys argued that the index's purpose is to determine what kind of care the disabled require, not whether they could function in their homes without help. Cutting some people off based on scores, they said, would put people's health and safety at risk and could lead to putting them in an institution.

The U.S. Justice Department brief says: "The United States has a direct and substantial interest in this appeal, which involves the proper interpretation and application of Title II of the Americans with Disabilities Act."

The act, it says, "prohibits discrimination against individuals with disabilities in the provision of public services."
In-home care is financed by federal, state and county dollars with some contributions from individuals who get care.

Thursday, March 4, 2010

California Court Says No to Reduced Home Care Worker Wages

Court rules against Calif. social, medical cuts
By JUDY LIN Associated Press Writer
Posted: 03/03/2010 04:32:04 PM PST
Updated: 03/03/2010 06:09:16 PM PST

SACRAMENTO, Calif.—Gov. Arnold Schwarzenegger and state lawmakers will have to find more ways to trim spending after an appeals court on Wednesday shot down two budget cuts made in recent years.

In separate cases before the 9th U.S. Circuit Court of Appeals, two judges ruled against the state's plans to cut spending in certain social and health care programs.

One was to reduce the state's contribution to the wages of home care workers by $2 an hour, from a maximum of $12.10 an hour to $10.10. The other was to cut Medicaid payments by 5 percent to pharmacists, hospitals and adult day care providers.

Finance Department officials estimated the state could be saving $79 million in the current fiscal year through June from reduced home care worker wages. At the same time, the state could be saving another $117 million from reduced Medicaid provider payments. California calls its Medicaid program, Medi-Cal.

Union representatives and home care workers said Wednesday's rulings help protect the state's most vulnerable. The groups argued that the state made cuts without studying the impact on the quality of care.

For more, see http://www.mercurynews.com/news/ci_14507093?nclick_check=1.

Friday, February 26, 2010

Letter from California: Magdalin Marinos

The following letter was sent and will be resend to CA. District Senators as an advocacy effort to reach the CA. Congress that is being forced by Arnold Schwarzenegger to make drastic cuts to the IHSS programs in an attempt to eliminate this program, as to fix the CA. budget crisis.

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Jan. 20, 2010
Magdalin Marinos
Downey, CA 90241

Arnold Schwarzenegger is planning to make inhumane, and destructive cuts to the IHSS program that will bring about suffering, harm, hardship, destruction and death to lives of thousands of people. The apathy of the Schwarzenegger administration towards people of need is inconceivable, reprehensible, atrocious, and downright despicable. His administration is a violation of the human and civil rights of people with disabilities, the sick, the elderly and the indigent who are in need of services to meet their daily survival needs in a dignified and humane manner which allows them to exercise their freedoms of choice, life, and self determination.

The changes that have been made up to this point to the IHSS program and those that are currently being proposed for the IHSS program are creating for IHSS consumers extreme suffering, harm and hardship. The IHSS program was created to provide a certain level of home care for those in need. Many individuals have used this program as a supplement to other care service resources, since for many people the need is greater than the program actually meets, as to remain semi-independent and out of nursing homes. Due to the program’s financial shortcomings, the IHSS program consumers, who have been receiving services in order to have dependable, trained caregivers, have had some very distressful experiences with the program’s policies, even before the current negative changes to the program were proposed and passed. For example, finding skilled, responsible capable workers who could be long-term caregivers has always be a major problem for IHSS consumers due to the IHSS low wage rate and low service hours. The IHSS program has needed to be upgraded in the areas of provision of service hours of care (especially for the more severely disabled) and higher wages, as to ascertain a better level of care by qualified caregivers. Instead, the IHSS program changes are creating even more chaotic and distressful problems for consumers. These changes can and will completely jeopardize the well being, quality of care and even life survival of consumers.

In 2009, the changes made to IHSS policy including the length of time it can take for a consumer to hire a provider, based on the new policy rules for IHSS caregiver registration that were passed, has created an impossible situation to overcome without the experience of hardship and harm for people who have severe disabilities or, severe medical issues. Individuals whose physical functioning is limited and cannot live independently, “cannot” possibly wait for a lengthy and expensive enrollment process to be completed (a process which also must be essentially an agreeable arrangement with the potential worker) for hire and payment demands for the caregivers to be procured, so that consumers may have their required need for immediate assistance, being now prolonged by the system, met correctly. This delay of essential services is an inevitable cause of negative effects impacting the well being, quality of care, stability of service provision, safety, and medical status of the consumers.

The Schwarzenegger administration is currently proposing more severe cuts, to complete elimination of the IHSS program. Once more, he is showing complete indifference and apathy of what will happen to those who end up without caregivers. Further, the inhumane administration of Schwarzenegger wants to lower caregiver wages to minimum wage. This action will cause the complete elimination of qualified caregivers, who will be willing to work with such low wages and are needed to do the extensive provision of skilled care, medical and non-medical, that is required by many consumer cases. Much care at home is comparable to CNA work done in nursing homes, and in most instances it is that skilled type of provision of care that is required at home by consumers. CNAs are paid up to $11-$12 an hour while Mr. Schwarzenegger wants home caregivers/aides (CNAs or, not) who are needed to provide equal skilled assistance to medically afflicted individuals to get paid minimum wage. It is truly a complete disregard and degradation, by the Schwarzenegger administration, of the rights of all individuals participating in the IHSS program, caregivers and consumers.

Ultimately, IHSS consumers are on the program due to financial need in covering the high expense of home care. People cannot pay out-of-pocket for assistance, otherwise they would not be on IHSS, and may not have available caregivers or, family members to assist them. Should people be forced into nursing homes, even though they can fully participate in the community and live at home because of the reprehensible actions of Schwarzenegger’s administration, who is choosing to discriminate towards the indigent, disabled, and elderly individuals of this society, instead of doing what is right? It is utter “discrimination” when a government administration chooses a specific class of individuals to decimate by eliminating essential provisions of basic life assistance, leading to the degradation of their freedoms and rights to life, and choice for essential care, while refusing funding changes in other areas where people will not be impacted as atrociously.

These potential IHSS cuts are issues of crucial significance for the individuals in need as they can ultimately determine their lives. These issues however, seem to be insignificant and oblivious factors to those who ignorantly want to pass and choose to pass faulty service policies without any awareness, empathy, compassion, sensitivity and understanding of the needs of those who depend on the services of programs, such as IHSS, and how we will be individually affected.

Personally, I am an individual with a severe disability, needing full time care, and I have been receiving IHSS services as to supplement my resources and remain at home and out of a nursing home. I am a full participant in this society and an educated individual, having rights as anyone else, and wanting to live with dignity and choice to quality of care in order that I may have quality of life, as all people desire and strive for in our world. IHSS has been one resource that I have used in order to pay for some of the care that I need. Any loss of my available care service resources, paid and non-paid (immediate family members), would be a detriment to my ability to have stable home care, as I would not be able to cover the expense of full time care. Ultimately, without essential income and resources it is not possible to pay for the level and type of care that I require. Further, I personally know how difficult it is to search, interview, find, secure, hire, train, get-along with, and keep caregivers working long-term, while being on IHSS. It is a constant stressor and frustration, and since caregiver turn-over rate is very high, due to low wages and minimal service hours, finding new people is a constantly stressful, laborious, problematic, hard bearing and draining situation to deal with. If this administration destroys this program then, many people, including me, will suffer. Ultimately IHSS needs to be upgraded not downgraded, as it is being proposed, if it is going to be a program that will allow for quality of care to be a possibility for people, like me, who are in need of such services.

It is truly a shame, that people who have to deal with distressful medical conditions, and financial problems and depend on government assistance, need to go through so much more unnecessary stress, chaos, suffering, harm and problems due to the faulty and inadequate policy making being made by such inhumane, ignorant, biased, and discriminatory administration of Gov Schwarzeneger. I am sorry, that as the people's Governor, people's lives seem so insignificant to him, in comparison to meeting budget debts. His response, to our human concerns and needs, is truly inhumane, and discriminatory towards all who strive to have some quality of care and life in order to make it from day to day.

Please consider the depth of this issue and support our rights to quality of care and life as full citizens of this country, by rejecting any additional harmful cuts to the IHSS program. It is my hope that this matter can be resolved and corrected without a legal class action by all people who are affected and joining together to make this matter right according to our human and civil rights in this country.


Magdalin Marinos, MSW

IHSS Threatened in California

Clients fear loss of in-home services

By Sam Womack/Staff Writer swomack@santamariatimes.com Posted: Friday, February 19, 2010

When taxes are paid, there’s a certain expectation that those hard-earned dollars will go to help children, the elderly, the disabled — the most vulnerable and helpless in our society.
And yet, in an effort to close the state’s estimated $20 billion deficit, one proposal is to take away Andrea Hylton’s lifeline.

Hylton is a 64-year-old Santa Maria resident with a multitude of debilitating mental and physical issues.

She is also one of approximately 427,000 California residents with disabilities who could lose their state-funded caregiver if the state Legislature agrees with the governor’s recommendation of cutting $1.8 billion from the program, according to a Santa Barbara County report.

Approximately three years ago, Hylton hired Susan Oeland through the state’s In-Home Support Services (IHSS), a program that identifies how much assistance a person needs, and then provides the money to hire a helper, either a family member, friend or a professional provider.

The services are available to low-income people who are over age 65, blind, or with disabilities, to enable them to remain safely in their home as opposed to committing them to more expensive options, such as institutions or nursing homes.

It is a cost-saving safety net and welfare program that has been around for 35 years.
Approximately 47 hours a month, Oeland helps Hylton with housework, laundry, cooking, shopping, bathing, dressing and making it to doctor’s appointments.

“Without (IHSS) I would be helpless, completely helpless,” Hylton said this week.

In Santa Barbara County, there are a total of 3,000 IHSS clients who require anywhere from a few hours a week to round-the-clock assistance in their homes.

Gov. Arnold Schwarzenegger’s proposed budget includes limiting services to IHSS recipients to those with a functional index score of four or less — one being able to perform a certain task and five being unable even with assistance determined by a social worker.

The index scores do not take into account whether the person resides alone, has cognitive disorders, such as Alzheimer’s disease or other forms of dementia, or needs protective supervision or paramedical services, according to Santa Barbara County analysis.

Approximately 2,700 people are at risk of losing their IHSS assistance in Santa Barbara County, and “a vast majority of these people are going to be left to languish or linger alone, without any support or assistance,” said Kathy Gallagher, director of the county Department of Social Services.

“I’m just scared of what might happen,” Hylton said.

The 30-year Santa Maria resident has no family, no social network and no car, and survives on a fixed income.

A few weeks ago, Hylton took a tumble in her apartment at about 3 a.m. and broke her knee cap. She crawled to the phone and called a friend, who didn’t call back until four hours later. She waited on the friend to call 9-1-1, but did not explain why.

“I was scared. I was in pain. There was no one to help,” she said of the upsetting experience.
Her recent accident is similar to what the county’s analysis predicts as a result of the program cuts.

“There will be a portion of recipients that will be at high risk of self-neglect as they cannot physically care for themselves or meet their basic medicinal needs. This could result in serious injury, institutionalization and even accidental death,” it stated.

Like many who receive IHSS assistance, Hylton doesn’t have the means to afford a nursing home, but even if she did, there are not enough beds in California.

An estimated 1,300 IHSS clients in Santa Barbara County could probably qualify for a nursing home bed, but there aren’t even close to that many on the Central Coast, Gallagher said.

In the state, there are only about 20,000 licensed nursing home beds, and a study from the UCLA Center for Health Research estimates that more than 200,000 clients would seek beds if the IHSS program was cut.

Ironically, in the 1980s, the IHSS program was created to reduce the high cost of nursing-home care and offer seniors a better quality of life in their own home, which is why nursing homes fell out of favor.

Hylton said she would avoid a nursing home or institutionalization for a long as possible because her constant companion “Peanuts,” her pudgy Jack Russell terrier, could not come along.
But she may never need to make that tough choice, because her IHSS provider, Oeland, has become more than a part-time helper; she is Hylton’s friend.

“She’s like a second mom to me, and I’m like her daughter,” Oeland said.

“I’ll never let her be alone. I’ll continue to take care of her if the program is eliminated,” she vowed, even though as an IHSS worker, she faces a wage decrease from $11.50 to $8 an hour in the proposed state budget.

IHSS assistance is just one human-services program on the chopping block in the governor’s proposed 2010-11 budget.

Also included are CalWORKS, Healthy Families, Medi-Cal, Supplementary Security Income (SSI) and the California Food Assistance Program.

The proposed budget also stipulates that if the federal government doesn’t come up with an additional $7 billion for the state, then IHSS assistance, along with CalWORKs and Healthy Families, will be completely wiped out.

Posted in Govt-and-politics on Friday, February 19, 2010