ACL 09-61: Court Injunction Stopping Reductions Of IHSS (10/22/09)

The letter provides counties with instructions and information regarding the court injunction in V.L. et al., v. JOHN A. WAGNER. Prior to the court’s injunction, the Case Management, Information and Payrolling System (CMIPS) had been modified to implementABX4 4. Those changes to CMIPS must be reversed as soon as possible and, if possible, prior to November 1, 2009. EDS wanted 5 weeks to do the changes, so…

Counties must manually rescind the terminations and restore reduced hours; and
CDSS will notify recipients that their services will continue uninterrupted and at the same authorized hours. One little problem: the new CMIPS program PROHIBITED entering certain information (such as domestic services for Functional Index cases below 4). So, CDSS is fed ex’ing packets to counties to identify the cases and follow the procedures that are used when a reassessment is done.

Ready for the fun part? The TRO enjoined mailing the NOA terminating or reducing services; fixing the case will generate a notice that the benefits that were “erroneously” cut/terminated are being restored, BUT the counties are not to send the notice.

The STATE notice will tell folks that their services will continue uninterrupted. The notifications will be printed in English, Spanish, Armenian, Chinese, Vietnamese and Russian. Additionally, CDSS will include the Notice of Language Services (GEN 1365) that advises recipients in seventeen languages that if they do not understand the notification to call their county worker to have interpreter services provided to them at no cost.

Those DENIED must have their denials rescinded. Cases approved after 10/8/09 must be reviewed to make sure all the domestic and related services are provided.