Tentative Stop Predicted for Medi-Cal Cuts to Doctors, Dentists, and Other Providers

 

SACRAMENTO, CA (CDCAN)  [Last updated 01/30/2012 07:00 PM] - In another major legal setback for the Brown Administration, a US District Court Judge in Los Angeles issued a tentative order today that indicates the court - barring a surprise -  is all but certain to issue a final order tomorrow that will stop the State from implementing Medi-Cal rate reductions of up to 10% for by physicians, clinics, dentists, pharmacists, ambulance providers and providers of medical supplies and durable medical equipment on or after June 1, 2011 . [A copy of the 25 page tentative decision by the Judge is attached to this CDCAN Report titled "20120130 - CA Medical Association v Toby Douglas - Preliminary Injunction (Tentative).pdf"  The document was saved as an image pdf file which means that persons who are blind or sight impaired will not be able to read it using a screen reading device.  CDCAN reproduced the Judge's tentative conclusion below. ]

 

A court hearing on the case was scheduled for January 31 in Los Angeles, and it is not certain at this point if the hearing will actually be held given the Judge's tentative ruling.  CDCAN will issue a full report on her final ruling tomorrow.       

 

 Judge Christina Snyder issued her tentative order in a lawsuit filed by the California Medical Association and other provider associations against Toby Douglas, director of the Department of Health Care Services - the state agency that oversees California's Medicaid program (called "Medi-Cal").  A "tentative order" or ruling is the proposed ruling of the court sometimes issued before an actual hearing.  Parties from either side of the lawsuit can still request that an actual court hearing be held - but the issuance of a tentative ruling is a very strong indication of how the judge intends to rule.   

 

Judge Snyder earlier in December and early January previously issued orders that blocked Medi-Cal reductions on or after June 1, 2011 for pharmacies, certain (distinct part) nursing facilities and non-emergency medical transportation providers.   

 

Like in those orders, the federal court found that while recognizing the State's budget problems,  "the balance of equities and the public interest strongly favor the issuance of an injunction" citing a higher federal court opinion that "the injury to a state caused by an injunction of one of its statutes does not outweigh the public's interest in ensuring that state agencies comply with the law and protect beneficiaries' access to services".  

 

The additional Medi-Cal rate reductions of up to 10% were imposed on a wide range of Medi-Cal providers as part of the 2011-2012 State Budget passed in March 2011 - with the main budget bill and other budget related bills passed later in June...more



30 Seconds: AAPD's Campaign to Stop Bullying

End bullying in our schools. Over 85 percent of students with disabilities have experienced some form of bullying.

Bullying is more than kids being kids-it can make school a hostile place and prevent students from receiving the education that is their civil right.

This silent epidemic must be stopped.

Students are the most powerful argument against bullying. That's why we encourage you to view and share AAPD's public service announcement, "30 seconds."

The PSA features three real students sharing a simple message: people with disabilities are powerful, self-determined individuals-not victims.
What can you do?

Use "30 Seconds" as a tool to start conversations about keeping schools safe and respectful places for all students regardless of disability. Share it with your family, friends, co-workers, schools, and congregations.

Get informed about current legislation and initiatives aimed at ending bullying.

Join the conversation.

Article Source: http://www.aapd.com/what-we-do/education/safe-schools/

Stay informed! Go to the Advocacy Corner for frequent updates!  

Act quickly - House to Vote on Repeal of CLASS

Act quickly - House to Vote on Repeal of CLASS	More Info
On Wednesday, the U.S. House of Representatives is expected vote on H.R. 1173, a bill to repeal the Community Living Assistance Services and Supports (CLASS) Program. The CLASS program was created to help pay for services and supports to help working adults maintain independence in the community. It is vital for you to contact your representative today and let him/her know that you oppose a repeal of CLASS before they vote. What Will Happen if CLASS is Repealed? If CLASS is repealed, Congress will continue to ignore the real and growing crisis of long term services and supports.  Medicaid will continue to take on the load of long term service needs for most Americans, leaving hundreds of thousands on waiting lists.  People with disabilities will continue to have few options to live in the community.  Average home and community-based care now costs over $21,000 per year.  Few Americans have insurance to cover these costs.  Only 3% have private long term care insurance and the majority are forced to impoverish themselves to qualify for Medicaid. It had been decades since Congress dealt seriously with long term services and supports when it passed the CLASS program.  Do you really want to wait another generation? What Can I Do to Help? Alert your friends, family, and colleagues that this vote is happening.   Call your Representatives toll-free at 866-898-2624 to let them know that the CLASS Act is the only framework that exists in the law to help fix how we pay for long term services and supports. To find your representative click here. Now is the time to make your voices heard! What to Say: •    I urge Representative _______________ not to repeal the CLASS Act. •    It is the only framework that exists to help fix how we pay for long-term services and supports.



Stay informed! Go to the Advocacy Corner for frequent updates!  

Need a Walker, Portable Ramp, or Ipad? Check out the Assistive Technology Exchange!!

Welcome to the AT Exchange (formerly the California Assistive Technology Exchange, CATE).

The Exchange is a free service of the AT Network for consumers and caregivers in California. Here you will find new and used gadgets and devices (assistive technologies) that empower independence.

You can:

• Sell used devices
• Give away devices
• Place want ads for devices you need
• Borrow devices to try

Just click on items in the menu bar above to get started.

See what is available at any of 13 centers in California that make short term loans of assistive devices for people with temporary needs or so you can try out devices to see which work best for you.

Can't find what you need? Call the AT Network, toll free at 800-390-2699 and speak with an information and referral specialist who can help you find the right solutions for your functional needs

Click Here for more Info



Federal Court Gives Final Approval of Medi-Cal Adult Day Health Care Lawsuit Settlement

Implementation of New Replacement "Community-Based Adult Services" Program As A Medi-Cal Managed Care Benefit To Take Effect March 1, 2012 Underway

SACRAMENTO, CA (CDCAN)  [Last updated 01/24/2012 03:00 PM] - A

US district court judge gave final approval of a settlement of a federal lawsuit that requires the Brown Administration to create a new version of adult day health care, called "Community-Based Adult Services"  under Medi-Cal managed health care that will replace the existing Adult Day Health Care Medi-Cal benefit effective March 1, 2012.  The existing Adult Day Health Care Medi-Cal benefit will be eliminated effective February 29, 2012.   

The settlement was reached  and originally announced on November 17, 2011 with those filing the lawsuit (seven persons with disabilities and seniors representing over 35,000 people with disabilities and seniors currently receiving the Medi-Cal benefit provided by over 300 Adult Day Health Care Centers across the State) and the Department of Health Care Services, the state agency that oversees the Medicaid (called "Medi-Cal") program.  US District Court Judge Saundra Brown gave preliminary approval of the settlement on December 14th and final approval today and said the settlement was "fair, adequate and reasonable" and a "win-win" for both sides    

Both the Department of Health Care Services and advocates for people with disabilities and seniors praised the settlement, though some advocates and stakeholders remain concerned and worried because the new replacement program will only cover an estimated 15,000 of the 35,000 persons currently receiving services under the Adult Day Health Care Medi-Cal and uncertainity still exists on what other services those persons will end up receiving.  Steps have been taken over the past two months to implement the settlement including the new replacement program and other transition efforts, including In-Home Supportive Services, once the Adult Day Health Care Medi-Cal benefit is eliminated...more  

Stay informed! Go to the Advocacy Corner for frequent updates!