California Budget Crisis:
FEDERAL DISTRICT COURT HEARING ON IHSS 20% CUT SET FOR JANUARY 19TH - TEMPORARY RESTRAINING ORDER BLOCKING THAT CUT WILL REMAIN IN FORCE UNTIL THAT HEARING DATE
20% IHSS Reduction Part of the $1 Billion in State Budget "Trigger Cuts" Authorized Today By Governor Brown - January 19th Hearing Also Will Consider "Class Certification" of Lawsuit
SACRAMENTO, CA (CDCAN) [Last updated 12/13/2011 07:41 PM] - The original December 15th federal district court hearing on the lawsuit (David Oster, et al v. Will Lightbourne and Toby Douglas) that - at least temporarily - has stopped implementation of a 20% across-the-board reduction in service hours for possibly hundreds of thousands of people with disabilities, mental health needs and seniors in the In-Home Supportive Services (IHSS) program has been rescheduled for January 19th (Thursday). That hearing date is subject to change (as is any court hearing date).
The temporary restraining order (TRO) that was issued December 1st by US District Court Judge Claudia Wilken that required the Brown Administration to halt all actions to implement the 20% across-the-board cut will remain in force until that new January 19th when the federal district court will consider whether or not to issue a more permanent court order that would block implementation of the 20% IHSS service hours cut - called a preliminary injunction.
That reduction became real with the announcement today by Governor Brown that the state budget "trigger cuts" will be pulled, implementing effective January 1, 2012 (or later depending on the specific cuts in other programs and budget areas) $1 billion in automatic mid-year spending reductions - including the $100 million reduction to IHSS (currently blocked by court order) and $100 million reduction to developmental services - though that reduction to developmental services will be achieved not by additional cuts to programs or providers, but through savings achieved lower than expected spending in the current budget year. . .
The January 5th court hearing to determine class certification has also been changed, with that issue scheduled to be heard also on January 19th. "Class certification" is an issue where the court considers a request by those filing the lawsuit to apply the case to a group or class of people - in this specific instance, all the recipients of IHSS who would be impacted by the 20% reduction.
The lawsuit was filed on behalf of IHSS recipients by Disability Rights California (DRC), Disability Rights Legal Center, National Senior Citizens Law Center, the National Health Law Program and San Diego attorney Charles Wolfinger. The law firm of Altshuler Berzon LLP is also counsel in the lawsuit, representing unions including five SEIU locals and United Domestic Workers-AFSCME (American Federation of State, County and Municipal Employees), whose members are IHSS caregivers and attendants.
The case number is: CV 09-04668 CW (David Oster, et al v. Will Lightbourne and Toby Douglas.)
Department of Social services Issues Last Week New All County Letter On IHSS Cut
* As previously reported, the Department of Social Services, the state agency that oversees statewide the IHSS program, issued last week on December 7th, new instructions to the counties rescinding an earlier document that outlined implementation steps for a 20% across-the-board IHSS cut - and attached a copy of the judge's court order.
* See below for complete text of that document - called an "All County Letter" .
What the Judge's December 1st Order Means
* As previously reported last week on December 1st by CDCAN, the court order issued today means that - at least until December 15th - the Brown Administration cannot proceed further on the 20% reduction in service hours to those persons receiving IHSS and not eligible for an exemption from that cut.
* The Brown Administration is required by the temporary restraining order to rescind any and all notices to the counties and recipients regarding implementation of the 20% reduction and inform all counties that the recent 'All County Letter" is rescinded (which it did by issuing on December 7th the new All County Letter). .
* Over 370,000 people with disabilities - including children and seniors and those with mental health needs - are impacted by the planned 20% reduction and the restraining order stopping it today. Hundreds of thousands of IHSS workers are also impacted, who faced significant loss of hours and in some cases, possible loss of health benefits if the reduction is implemented.
* The judge's order does not impact directly (though could influence) new reductions to IHSS and other health and human service programs that the Governor could include in his 2012-2013 State budget on January 10, 2012. The Governor is expected to propose significant major new reductions in order to close the projected $13 billion on-going budget shortfall.
* The judge's order does not impact the existing 3.6% reduction in IHSS service hours, which is currently set to continue until June 30, 2012. If the State budget "trigger cut" is pulled and the 20% is allowed to proceed, a person with disabilities, mental health needs, the blind or seniors in the IHSS program could face a total reduction in service hours of 23.6%., unless they were exempted from the reduction.