Department of Health Services Releases Draft Federal Medicaid Waiver Proposal For IHSS Residual Program - Comments Due By 4/29 5 PM

SACRAMENTO  -  The Department of Health Services released Tuesday morning a draft proposal for a waiver (or exception) to the federal Medicaid program that will allow federal matching dollars to support California's In-Home Supportive Services "Residual Program".  [a complete copy of the draft proposal is available on the California Disability Community Action Network website at www.cdcan.org  under "Budget Issues" and then under "Department of Health Services"].  The Department of Health Services, which is responsible for administration of California's Medicaid program (called "Medi-Cal") is seeking comments from the public no later than by the close of business (5:00 PM) April 29, Thursday.  Medi-Cal services are funded with 50% federal funds.   This proposal is likely to be discussed and reviewed during Thursday's Assembly Budget Subcommittee #1 on Health and Human Services budget hearing (at 1:30 PM) on in-home supportive services.

The Department of Health Services says that the new waiver for the IHSS "Residual Program" contains the same level of services, the same level of eligibility that now exists for the current program that now is only supported with State general funds.
The Schwarzenegger Administration intends for this waiver - if approved by the federal government - to go into effect on July 1, 2004.

Governor Schwarzenegger indicated last Thursday that he was backing off from his original proposal to eliminate the "residual program" of in-home supportive services if federal funds could help pay for the program, but was continuing to push for the other massive cuts to in-home services, cuts to community-based services for children and adults  with developmental disabilities, cuts to SSI/SSP, cuts to Medi-Cal and other health programs.  The action by the Governor gives about 75,000 children and adults with developmental and other disabilities (including seniors) served under the IHSS "residual program" a possibly temporary reprieve - while the threat of massive cuts to in-home services and other critical programs remain. A major component of  the "residual program", which is only supported with state funds,  permits parents of minor children with disabilities or the spouse of a person with disabilities (including the elderly) to be the in-home worker for their loved one.
Schwarzenegger Administration officials said at a budget hearing last week that they were optimistic that such a proposal to match federal funds to the IHSS "residual program"  would be approved by the federal government  - though many advocates are concerned about those prospects and about the wide range of other cuts impacting people with disabilities and seniors that remain alive.  The federal government would need to give final approval for any proposal seeking federal funds for the IHSS "residual program".

What the Department of Health Services Is Doing Regarding IHSS Residual Program
* The Department of Health Services sent out the draft to help in their arguments to the federal government to approve the waiver for the IHSS "residual program", called the "IHSS Plus waiver".
* The Department of Health Services and the Department of Social Services plan to submit on May 1, 2004, this federal Medicaid waiver application requesting federal approval of waivers of specific sections of federal Medicaid law to allow services and service delivery methods used under the IHSS (Residual) program to be funded under Medi-Cal beginning
July 1, 2004.
* If approved, individuals eligible for this "IHSS Plus waiver services" will have the same access to the options that they have under the current IHSS "Residual Program".
* This new  waiver proposal was designed to address the existing IHSS Residual program that includes Medi-Cal eligible individuals of any age with a wide range of disabilities.
* The waiver proposal does not include IHSS "Personal Care Services" as they are already covered as a benefit under Medi-Cal.  The Governor currently is still proposing massive cuts to the IHSS "Personal Care Services" program.

What Interested Persons Can Do - Comment Deadline 4/29 5:00 PM!
* The Department of Health Services is interested in comments on the IHSS Residual program waiver proposal (application)  are welcome.
* Due to the tight time frames, with the budget year nearly over, the application process for this new waiver proposal, according to the Department of Health Services, allows only a very short timeframe for compiling comments and input.
Letters of support are encouraged and will be attached to the federal application.  In written comments and letters, please reference the "IHSS Plus Waiver"
* If persons have written comments that may strengthen the application, please send them by 5:00 PM Thursday, April 29, 2004 to:
Paula Acosta - Department of Health Services
email address:  pacosta@dhs.ca.gov
or fax to:  916/440-7540

Protest March and Rally - and Assembly Budget Hearing Still On for April 28
*  The Assembly Budget Subcommittee #1 on Health and Human Services is set to hear final public testimony in Sacramento on Governor Arnold Schwarzenegger controversial budget proposals for massive cuts to California's in-home services for children and adults with developmental and other disabilities and seniors, in a hearing set scheduled for Wednesday afternoon, April 28, beginning at 1:30 PM,  at the State Capitol in Room 4202, including update on the proposed federal waiver for the IHSS "Residual Program"
* Hundreds are expected to march for the rights of people with disabilities and seniors, starting from outside the Sacramento Convention Center (at 13th and K Street Mall) at 11:00 AM Wednesday morning to the South Steps of the State Capitol, where a protest rally will be held,  to coincide with the budget subcommittee hearing later in the afternoon. [for more information including lodging, transportation and parking information, please see www.cdcan.org website]  The protest march and rally is the fourth consecutive protest by people with disabilities at the State Capitol coinciding with budget hearings in less than a week.

SAVE THE DATE - DIRECT ACTION FOR MAY REVISE
* APRIL 30 - FRIDAY 9:30 AM to 1 PM -  Assembly Budget Subcommittee #1 on Health and Human Services
Where: Kern County Library Auditorium, 701 Truxtun Avenue, Bakersfield, 93301-4816 (between S and Q Streets)
Informational hearing on Governor's proposed cuts to In-Home Supportive Services, including update on his proposal to rescind elimination of the "residual program" of IHSS pending approval for federal funds to support that program. Also on
agenda is proposed cuts to Temporary Assistance to Needy Families (TANF).   No action can be taken at an informational hearing
* APRIL 30 - FRIDAY 10 AM to 12 NOON - 10th Disability Rights/Issues Townhall Telemeeting (see CDCAN website to participate as a host site and for other details).  Update on the budget and what happened at the budget hearings and next steps.
* WEEK OF MAY 10th - LIKELY MAY 14 - Save the date for simultaneous press conferences and demonstrations across California (targeting over 40-50 cities) at the SAME time the Governor releases his revisions to his proposed budget for 2004-2005, as a response to any additional or continued proposed cuts that impact children and adults with disabilities and seniors. You can participate in your OWN community with this direct action (tied to voter registration and district organizing)
(note: scheduled rallies and protests for May will be reported in future CDCAN Capitol Reports and Alerts beginning Friday, following the final April rallies linked to budget hearings at the State Capitol)