ENJOINED THROUGH TRO GRANTED 12/1/11

A must read: The state got a budget estimate for next year that set off a trigger to cut IHSS cut. On top of the prior 3.6% cut, IHSS authorized hours (what the state already decided you needed in order to safely stay in your home) will be cut an additional 20%, effective January 1, 2012.  Recipients “choose” which needs will not be met/paid for through IHSS.

The cut does not apply to people who get services under one of the State Home and Community Based Services Waivers (including the AIDS , Home and Community Based Services Waiver for the Developmentally Disabled , In-Home Operations (IHO), Multipurpose Senior Services Program , and Nursing Facility/Acute Hospital waivers).

IHSS recipients who believe they have a “serious risk “of out-of-home placement may submit an application for IHSS Supplemental Care to request full or partial restoration of his/her reduced hours.  The criteria for preapproving IHSS Supplemental Care requests is also described.   The letter also contains a “screening tool” for the counties to assess “serious risk” of out of home placement.  Recipients must make their request for Supplemental Care by March 1, 2012. If the recipient submits an IHSS Supplemental Care application within 15 days of receiving
the NOA, or postmarked by January 3, 2012, the pre-cut hours will be restored.  However, even if the person is at “serious risk” the county has several options: Assist the recipient to to prioritize the hours available so that the most essential tasks are completed so the serious risk is eliminated; arrange for the recipient to receive services from a formal or informal alternative resource (i.e., home delivered meals, neighbors to take the recipient grocery shopping with them, etc.); restore part of the hours to ensure that the serious risk is eliminated; or restore all of the hours to ensure that the serious risk is eliminated.

Here’s the timeline: November: reprogram CMIPS; December (by the 15th), mail out NOAs of the cut; counties must send a more detailed notice of the cut along with that NOA.

 

Counties must continue to perform reassessments. However, if a request for a reassessment is received within 90 days of the reduction NOA, the county should evaluate whether the request is disputing the reduction or whether there has been a change in the recipient’s circumstances that impacts his/her functional abilities. As part of this evaluation process, when necessary, counties may request additional information from the recipient to document the change in circumstances necessitating a reassessment.

The letter also helpfully informs counties they should “prepare” for an “increase” in calls.  The letter states that fair hearings will only be held after denial of the supplemental care application, but that aid paid pending will be available if the request is timely filed (i.e. BOTH the supplemental care application AND the hearing request if denied). The NOA to the clients state they will get APP if they file a hearing request before 1/1/12. [Download]