This letter implements the TRO issued in Oster v. Lightbourne. The CMIPS implementation of the 20% reduction did not occur. DSS did not send out Notices of Action to recipients, and will not be issued pending further authorization from the court. Counties are to halt any other implementation of the cut, but if recipients already submitted their Applications for IHSS Supplemental Care (SOC 877), Counties are instructed to retain them pending the final resolution of the lawsuit. [Download]
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
cuts
ACL 11-81: Implementation Of Twenty-Percent Reduction IHSS Recipients’ Authorized Hours (11/29/11)
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]
ACL 11-39: CalWORKs Program: New Incremental Grant Reductions (IGRs) For Certain Child-Only Cases (5/19/11)
This ACL acts as emergency regulations implementing the budget cuts regarding “child only” cases. The letter defines which cases are impacted, and the timing (61st, 73rd, and 85th months on aid, based on child on aid the longest) of the cuts, and noticing requirements. If NOAs cannot be issued by May 31, 2011, overpayments would be incurred for the month of July 2011. However, because those July overpayments will not be cost-effective to establish and recover, CWDs may forgo overpayment determinations and collection efforts. [Download]
ACIN I-24-11: Notice Of Mass Mailing To All CalWORKs Households Regarding Some Of The Changes Enacted By Senate Bill (SB) 72 (4/22/11)
Notices that the counties are to send in May 2011, about the following changes: 8% MAP and child only grant cuts; 48 month time limit; changes to Welfare to Work exemptions (young children), and income disregard cut. The ACIN also includes the GEN 1365 multilingual notice which is to go out to all Non-English, Non-Spanish households until further translations are available. [Download]
ACL 11-29: CalWORKs: 8% Reduction To The MAP Levels, COLA Increase To The MBSAC Levels And Changes To The Earned Income Disregard Calculation (4/6/11)
The first of several ACL’s implementing the 2011 budget trailer bill Social Services cuts. This one reviews the all grants (all regions, exempt and non-exempt MAPs) grant cut and the reduction of the earned income disregard (the first disregard is cut from $225 to a maximum of $112 — the 50% disregard remaining in place). The new chart for the MBSAC (standard of need) is adjusted upwards for the COLA. [Download]