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  • 23Feb

    For 7 months, over 3 million Californians, many of which are also Medicare beneficiaries, have had no dental coverage. California’s state Medicaid program, Medi-Cal used to cover basicadult dental benefits such as annual exams, cleanings, and if necessary, root canals before the drastic budget cuts that went into effect July 1, 2009. Now, with no Medi-Cal adult dental services to cover their care, clients who are in pain but have no money or coverage to pay for care are being turned away from dentist offices and community clinics around the state.

    Even with dentists and clinics offering discounts and payment plans to Medi-Cal clients, it’s not enough. Often beneficiaries are left choosing between using money for rent and food or for needed dental work. Many clients are wait until the pain is unbearable to get their dental care, and often they resort to having their teeth pulled versus getting a root canal because of expense.

    In addition, dental schools and free dental clinics are overrun with clients and many community clinics that have relied on state funding have reduced their services and in some cases, have closed their doors.

    Under federal law, dental coverage is an optional benefit for state Medicaid programs. Yet all but 7 states have included it in their Medicaid programs because good dental hygiene and care is such an important piece of maintaining good health. Because of the recession, however, many states have scaled back their coverage and in some cases only cover emergency dental care.

    In California, the state will still pay to have a tooth pulled in an emergency, but it no longer covers the cost of expensive dentures. This presents a problem for dual-eligible Medicare beneficiaries (beneficiaries on Medicare and Medi-Cal).  As Medicare doesn’t cover dental care,  these low-income beneficiaries have long relied on the state’s dental benefits when needing dentures.

    For more information on the cuts to the adult dental benefits, including frequently asked questions on eliminated services, see Medi-Cal’s website.

    You can also listen to National Public Radio’s recent story highlighting this imminent problem.

  • 12Nov

    CMS announced a new system to help beneficiaries who receive the Part D low-income subsidy (LIS) have better access to their prescription drugs when they’re not enrolled in a Part D plan. As of January 1, 2010, this system will replace the current Point of Sale (POS) system operated by WellPoint. The new system is called Limited Income Newly Eligible Transition (LI NET) program, and Humana has been awarded the CMS contract to operate it.

    The POS system is designed to provide temporary prescription drug coverage when someone who is enrolled in the LIS is not enrolled in a Part D plan. This can happen for a variety of reasons, including if there’s a glitch in the system and people who are supposed to be auto-enrolled in a Part D plan aren’t, or if a beneficiary experiences a time gap from when they are found LIS eligible and when their Part D plan enrollment becomes effective.  The POS system gives people coverage and therefore access to their prescription drugs AND at the same time randomly enrolls the people using the POS system into a Part D benchmark prescription drug plan.

    Starting in 2010, the new system, LI NET, in addition to offering temporary drug coverage and prospective random enrollment into a Part D plan for uncovered LIS-eligible beneficiaries, it will also offer some retroactive coverage to uncovered LIS eligible beneficiaries and full-benefit dual eligible and SSI-only beneficiaries.  Uncovered full-benefit dual-eligible and SSI-only beneficiaries will have retroactive coverage up to at least 36 months, while all other beneficiaries with LIS will have retroactive coverage for 30 days.

    For more information, see CMS’ webpage. It contains a helpful fact sheet (PDF) and ppt presentation on the new LI NET program.

  • 21Oct

    Yesterday, a federal judge in Oakland, California issued a preliminary injunction order stopping November 1, 2009, cuts to In-Home Supportive Services (IHSS) for more than 130,000 people statewide.  The court decided that plaintiffs were likely to succeed in a lawsuit challenging the state’s use of “functional index” score and ranks, and that the state is prohibited from implementing cuts while the case proceeds.

    This is good news for these 130,000 Californians and their families. To help get the news out and relieve the confusion and fear many IHSS consumers have had about the possibility of IHSS cuts, the court has ordered the state to send a “don’t worry” letter explaining that the cuts will not take place November 1 as previously thought.

    To find out more about IHSS functional index appeals and the status of IHSS cuts, you can join in on the National Senior Citizens Law Center webcast next Monday, Oct. 26th at 12 noon. Contact NSCLC for registration info.

    For more information on Medi-Cal benefits and coverage in general, see our Medi-Cal section.

  • 30Sep

    The Social Security Administration will repay more than $500 million in benefits that were illegally withheld from 80,000 people whose benefits have been suspended or denied since January 1, 2007.  SSA’s agreement to pay these funds is part of a class action settlement that was granted final approval last week by a U.S. District Court Judge.  In addition, people whose benefits were suspended or denied between 2000 and 2006 will be notified of the new policy and given a chance to re-establish eligibility. In total, over 200,000 people may see their benefits reinstated and/or receive back payments due to the settlement. All beneficiaries must continue to be eligible for benefits in order to receive payments.

    The settlement resolves a lawsuit, Martinez v. Astrue, challenging SSA’s method of implementing a narrowly drawn provision of the Social Security Act.  The law aims to prevent people from using government benefits to escape arrest.  Yet rather than figuring out which Social Security recipients were actually fleeing prosecution, SSA used a computer matching system that matched names in warrant databases to those at SSA.  Many of the matches and automatic benefit suspensions involved false or unproven allegations, minor infractions or long-dormant arrest warrants. Although regulations provide for an appeal process, individuals losing benefits were routinely, inaccurately informed by SSA staff that they could not appeal.

    Under the agreement, SSA has stopped, as of April 1, 2009, suspending or denying benefits due to the mere existence of a warrant – unless the warrant is issued in a criminal proceeding on a charge such as flight or escape.  This change in policy will benefit thousands of additional people every month from now on.

    Note: this case/settlement does not apply to beneficiaries whose benefits were suspended or denied due to suspected parole or probation violation.

    This agreement will take full effect as of November 30, 2009. Delivery of relief to class members will occur in 2010 and beyond. Class members should confirm their correct address is on file with the SSA, thus ensuring they receive the mailings when sent out next year.

    National Senior Citizens Law Center (NSCLC), pro bono counsel from the law firm of Munger, Tolles & Olson, the Mental Health Project of the Urban Justice Center, Disability Rights California, and the Legal Aid Society of San Mateo County all represented the plantiffs in this case.

    See NSCLC’s website section on the Martinez Settlement for more information.

    This article was edited in part from NSCLC’s press release and current update.

  • 16Sep

    As Congress is planning a major overhaul of our country’s health care system, this week KQED’s Health Dialogues program is taking a closer look at home. This program, airing on Thursday 9/17, will examine the health effects of the state’s budget cuts. Those of you living in San Francisco and Sacramento areas, the airing and rebroadcasting times are:

    • Thursday, 9/17 at 8 p.m.
    • Friday, 9/18 at 2 a.m.
    • Saturday, 9/19 at 2 p.m.

    For those of you living in other areas of the state, check your local listing to find out when Health Dialogues broadcasts in your city.

    check your local listing to find out when Health Dialogues broadcasts in your city.
  • 11Sep
    A federal district court judge issued an order on 9/10/09 blocking California’s budget reductions to Adult Day Health Care services, marking a substantial victory for disability and senior rights advocates and thousandsof California beneficiaries using ADHC services. Earlier this summer, the Governor had signed budget revisions reducing the amount of days covered for ADHC services from 5 to 3 days per week, a 40% reduction. This cut would have forced many people who are able to live in the community due to ADHC services into institutionalized settings. Federal District Court Judge Saundra Brown Armstrong said that the cuts would likely be in violation of the federal Americans with Disabilities Act and Section 504 of the federal Rehabilitation Act, and therefore issued a preliminary injunction – or temporary order – to stop the cuts until appropriate replacement services are in place.
    The case was filed on behalf of persons who use Adult Day Health Services, by Disability Rights of California (formerly Protection and Advocacy, Inc), the National Seniors Law Center and AARP Foundation Litigation.
    The federal Judge’s Order (copy of the entire 24 page order) is available on the California Disability Community Action Network (CDCAN) website at www.cdcan.us.

    A federal district court judge issued an order on 9/10/09 blocking California’s budget reductions to Adult Day Health Care (ADHC) services, marking a substantial victory for disability and senior rights advocates and thousands of California beneficiaries using ADHC. Earlier this summer, the Governor had signed budget revisions reducing the amount of days covered for ADHC services from 5 to 3 days per week, a 40% reduction. This cut would have forced many people who are able to live in the community due to ADHC services into institutionalized settings. Federal District Court Judge Saundra Brown Armstrong said that the cuts would likely be in violation of the federal Americans with Disabilities Act and Section 504 of the federal Rehabilitation Act, and therefore issued a preliminary injunction – or temporary order – to stop the cuts until appropriate replacement services are in place.

    The case was filed on behalf of persons who use Adult Day Health Services, by Disability Rights of California (formerly Protection and Advocacy, Inc), the National Seniors Law Center and AARP Foundation Litigation.

    The federal Judge’s Order (copy of the entire 24 page order) is available on the California Disability Community Action Network (CDCAN) website.

  • 02Sep

    We recently had a good question come to our office regarding unemployment benefits and eligibility for the Part D low-income subsidy (LIS). Below is the question along with the short and long answer.

    1.      Does state unemployment benefits count as income for determining LIS eligibility?
     
    Short answer: state unemployment benefits count as income for LIS eligibility.
     
    Long answer: The definition of income for LIS is the same as for SSI, which is “any item an individual receives in cash or in-kind that can be used to meet his or her need for food or shelter.”  Items that fall into the definition can be excluded by statute.  Example, in-kind support is income, but MIPPA excludes it as countable income for LIS eligibility effective Jan 1, 2010.  State unemployment benefits fall into the definition of income and has not been excluded by statute, thus it is counted as income for LIS purposes.

    Question: Do state unemployment benefits count as income for determining LIS eligibility?

    Short answer: Yes, state unemployment benefits do count as income for LIS eligibility.

    Long answer: The definition of income for  the low-income subsidy is the same as for Supplemental Security Income (SSI), which is “any item an individual receives in cash or in-kind that can be used to meet his or her need for food or shelter.”  Items that fall into this definition can be excluded by statute.  For example, in-kind support is income, but the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA) excludes it as countable income for LIS eligibility effective Jan 1, 2010.  State unemployment benefits fall into the definition of income and has not been excluded by statute, thus it is counted as income for LIS purposes.

    Click here for more general information on the Part D low-income subsidy.

  • 04Aug

     

    Beneficiaries Using Adult Day Health Care Services Are Hit Hard with State’s Budget Revision
    California’s older adults and people with disabilities who qualify for state-funded adult day health care (ADHC) may be some of the hardest hit from the recent state budget cuts. Governor Schwarzenegger signed the budget revisions last week that reduces the amount of days covered for adult day health care from 5 to 3 days per week. In addition, the budget revision eliminates funding for Alzheimer’s disease programs.
    These cuts pose a significant challenge for many families who may not be able to afford private caregivers. They also create a paradox, as the cuts may, in the long-term, end up costing the state much more money. Adult day health care services help many people continue living at home in their communities, versus living in an institutional setting like a nursing home. With a 40% cut in services, many beneficiaries have to move into an institutional setting, costing the state more than twice the amount of money per person for each day of care. For example, Medi-Cal, California’s Medicaid program pays $76.50 per day for ADHC services, compared with $170 to $200 per day for nursing home care. Beneficiaries Using Adult Day Health Care Services Are Hit Hard with State’s Budget Revision
    California’s older adults and people with disabilities who qualify for state-funded adult day health care (ADHC) may be some of the hardest hit from the recent state budget cuts. Governor Schwarzenegger signed the budget revisions last week that reduces the amount of days covered for adult day health care from 5 to 3 days per week. In addition, the budget revision eliminates funding for Alzheimer’s disease programs.
    These cuts pose a significant challenge for many families who may not be able to afford private caregivers. They also create a paradox, as the cuts may, in the long-term, end up costing the state much more money. Adult day health care services help many people continue living at home in their communities, versus living in an institutional setting like a nursing home. With a 40% cut in services, many beneficiaries have to move into an institutional setting, costing the state more than twice the amount of money per person for each day of care. For example, Medi-Cal, California’s Medicaid program pays $76.50 per day for ADHC services, compared with $170 to $200 per day for nursing home care. 

    California’s older adults and people with disabilities who qualify for state-funded adult day health care (ADHC) may be some of the hardest hit from the recent state budget cuts. Governor Schwarzenegger signed the budget revisions last week that reduces the amount of days covered for adult day health care from 5 to 3 days per week. In addition, the budget revision eliminates funding for Alzheimer’s disease programs.

    These cuts pose a significant challenge for many families who may not be able to afford private caregivers. They also create a paradox, as the cuts may, in the long-term, end up costing the state much more money. Adult day health care services help many people continue living at home in their communities, versus living in an institutional setting like a nursing home. With a 40% cut in services, many beneficiaries have to move into an institutional setting, costing the state more than twice the amount of money per person for each day of care. For example, Medi-Cal, California’s Medicaid program pays $76.50 per day for ADHC services, compared with $170 to $200 per day for nursing home care. 

    For updated information on the California budget, see:

    For information on Medi-Cal and long-term care, see:

  • 30Jun

    The recently proposed budget cuts, particularly those to the In-Home Supportive Services (IHSS) program, will disproportionately affect immigrants and communities of color. Of those people enrolled in IHSS, over 49% of them speak a language other than English at home.

    California Budget Cuts Target Ethnic Elders:
    Seniors and Individuals with Disabilities May Lose Help Needed to Stay Safely in Their Homes
     
    While everyone in California has heard about the budget crisis that threatens crucial health and social services, less has been heard about the people are who could be harmed.  As a group, immigrants and communities of color would be disproportionately hurt by the proposed cuts.   Data obtained by the National Senior Citizens Law Center show that among recipients of In-Home Supportive Services, one of the biggest targets for Governor Schwarzenegger’s cost-cutting, approximately 49 percent speak a language other than English at home. 
     
    In-Home Supportive Services, or IHSS, is a program that provides assistance to seniors and individuals with disabilities so that they can live safely at home instead of in a nursing home.  Under the most recent budget proposals, an estimated 404,000 people would lose services they need to age at home, such as personal assistance with eating and bathing.  Because ethnic elders are more likely to get long term care at home than in a nursing home, cuts to IHSS have a disproportionate impact on California’s racial and ethnic minority families and communities.  More than sixty percent of IHSS recipients aged 65 and older are from communities of color.  In contrast, the majority of nursing home residents are white. 
     
    There are no good alternatives for ethnic elders hurt by proposed cuts.  Most people prefer to age at home, avoiding the expense and isolation of a nursing home.  Furthermore, research shows that non-whites in nursing homes do not get as good care as white residents.  And there simply aren’t enough beds in the state to house all the IHSS recipients whose services would get cut off.  Instead, a senior who is not able to prepare and eat a healthy diet on her own, or who needs some help getting to and from the bathroom, will instead be left to fend for herself.  The result will be weight loss, broken hips—and worse. 
     
    “These short sighted proposals would cause a health crisis and undermine the stability of thousands of families who currently care for their frail and elderly immigrant parents and grandparents,” says National Senior Citizens Law Center attorney Anna Rich.  “The governor and legislature need to stop trying to squeeze savings out of the most vulnerable members of society.”
     
    IHSS is one of many programs supporting vulnerable seniors that are now on the chopping block due to the state’s budget crisis.  Thousands of older immigrants would be left destitute, unable to pay for housing, food, medicine and other necessities by the proposal to eliminate the CAPI program.  Others will find their already low incomes reduced due to rollbacks to the Supplemental Security Income (SSI) program.  Recent legal immigrants and other poor seniors who don’t get SSI would lose access to healthcare.  Any of these cuts alone would be devastating; all together the results are truly unthinkable. 
     
    For questions, or for additional information about how the proposed cuts to In-Home Supportive Services and other programs will impact particular immigrant groups and communities of color, please contact Anna Rich, arich@nsclc.org, 510-663-1055, ext. 305. 

    IHSS provides assistance to seniors and individuals with disabilities that enables them to live safely in their home instead of a nursing home. Yet with the proposed budget cuts, over 404,000 seniors and people with disabilities will be cut off from these important benefits. Immigrants and people of color are more likely to live at home and use their IHSS benefits  for personal assistance care (such as help with bathing and eating) than live in a nursing home. In contrast, however, the majority of nursing home patients are white. As over 60% of IHSS recipients aged 65 and older are people of color, the state’s proposed cuts will have a greater, more devastating impact on these communities and their families.

    As stated in a recent article from the National Senior Citizens Law Center (NSCLC) on the proposed IHSS cuts, no good alternatives exist for ethnic elders affected by these cuts.  Most people would rather live at home than be isolated and pay the high cost of a nursing home. Also, statistics show that ethnic elders often receive lower quality care in nursing homes than white elders, further contributing to the gap in health disparities and health care equality. In addition, California does not have enough nursing home beds to house all the people who will be cut off from their IHSS benefits if the proposed cuts go through. This means that people who are not able to pay for or find a nursing home for their required assistance with dressing, bathing, preparing food, etc, will be left to fend for themselves. The results can be devastating to ones health, quality of life, or even their ability to live. 

    These proposals only offer short-term ‘budget relief’ and would most likely cause a health crisis and undermine the stability of thousands of families who currently care for their vulnerable and elderly immigrant parents and grandparents.

    For more information on the proposed cuts, see our recent article:

    For updated information on the California budget, see:

    This article was edited in part from NSCLC’s article, California Budget Cuts Target Ethnic Elders.

  • 16Jun

    Yesterday June 15th, the Budget Conference Committee of the California Legislature made some severe cuts based on the Governor’s proposals, yet they also largely rejected full-scale eliminations of programs, such as Healthy Families. 

    Today June 16th, the Budget Conference Committee will complete its work focusing on proposed cuts to human services, education, higher education, and general government. 

    Several big issues to be discussed under human services include the Governor’s proposed cuts he made in May to In-Home Supportive Services, Supplemental Security Income/State Supplementary Payment (SSI/SSP), several Department of Aging programs, community care licensing, and the Cash Assistance Program for Immigrants (CAPI). 

    The Budget Conference Committee’s actions, however, are not final. The full Assembly and State Senate must give their final approval to any budget choices that the legislative leaders and the Governor make – which is predicted to happen before the end of this month. 

    Below is a summary of some of the budget decisions made yesterday, Monday June 15th, according to Health Access: 

    • A $1 billion cut in Medi-Cal as part of the Governor’s flexibility and stabilization negotiations with the federal government.
    • A $70 million cut to Healthy Families, which would establish a waiting list for children to receive coverage, unless other sources of funding or donations were made. (For example, last year, the First Five Commission provided $17 million to Healthy Families to prevent a waiting list from being established, but this year’s proposed cuts present a significantly bigger funding gap.)  Without additional assistance, a $70 million cut could mean that no new children can enroll in  the Healthy Families program for an extended time, denying well over 200,000 children coverage.
    • The rejection of the elimination of Medi-Cal coverage for legal immigrants, both legally residing and those with PRUCOL status.
    • A 30% cut to state funding of community clinic programs.
    • A $35.5 million cut for AIDS and HIV programs (as opposed to the proposed $80 million cut), both education and prescription drug service programs.
    • A $26.5 million reduction in Adult Day Health Care Centers, as opposed to a full elimination as the Governor and the Republicans on the committee supported (which would’ve reduced state spending by $170.5 million). The proposed compromise would cap the use of ADHCs to 3 days a week, among other provisions.
    • A smaller cut to small and rural hospitals that what the Governor proposed.
    • A near 50% cut, rather than complete elimination, of the state’s poison control system.

    Below is a summary of some of the specific proposed cuts on the agenda for discussion today, according to CDCAN’s 6/16 Alert:

    • Community Care Licensing – Governor’s proposal to eliminate state funding for this program. (reduction would total over $19 million in state general fund spending)
    • In-Home Supportive Services Share of Cost Buy-out – Governor’s proposal to reduce spending and limit who can participate in the buy-out program (reduction would total over $41 million in state general fund spending)
    • In-Home Supportive Services Domestic & Related Services – Governor’s proposal to limit domestic and related services to only persons with a functional index ranking of 4.0 or higher  (reduction would total over $53 million in state general fund spending)
    • In-Home Supportive Services Cost Containment- Governor’s proposal to make ineligible for any services under IHSS, persons with a functional index score (different from functional index ranking) 2.99 or lower; would provide for some services under IHSS but not domestic and related services for persons with a functional index score between 3.0 and 3.99.  Would make no changes for persons with functional index scores of 4.0 or higher.  “Functional index score” is the average of the activities of daily living that each person on IHSS is assessed by their county social worker.  A person is “ranked” in each of the activities of daily living.  (Reduction would total over $705 million in state general fund spending.)
    • In-Home Supportive Services State Funding for Worker/Provider Wages – Governor proposed reducing the state’s funding (participation) for IHSS worker wages to a maximum of $8 an hour – the state minimum wage, plus 60 cents for health benefits, effective October 1, 2009. (Total reduction would be over $161 million in state general fund money.)  This would impact currently 46 counties who pay higher than the minimum wage.  This proposal would be a further reduction to state funding of IHSS worker wages, which, unless reversed by the Legislature or stopped by legal action, is scheduled to be reduced to $9.50 per hour (plus 60 cents for health benefits) effective July 1, 2009.  That action was previously approved by the Legislature as part of the 2009-2010 State Budget passed in February.  
    • In-Home Supportive Services Integrity Initiative – Governor’s proposal that would result in reduction in IHSS due to increased fraud and abuse efforts. (Reduction would total over $32 million in state general fund spending.)
    • In-Home Supportive Services Public Authority Administration – Governor’s proposal to provide for a $699,000 increase due to caseload and other related adjustments for the 2009-2010 State Budget year.  
    • Multipurpose Senior Services Program (MSSP) – Governor’s proposal to eliminate the program.
    • Linkages Program – Governor’s proposal to eliminate  this program. (Reduction would total over $13 million in state general fund spending.)
    • Senior Community Based Services Programs (Including Alzheimer’s Day Care Resource Center, Brown Bag, Respite Purchase of Services and the Senior Companion Program) – Governor’s proposal to eliminate these programs. (Reduction would total over $4 million in state general fund spending.)
    • Supplemental Security Income/State Supplementary Payment (SSI/SSP) – Governor’s proposal to reduce SSI/SSP grant levels to the lowest amount allowed by the federal government, effective October 1, 2009 (reducing grants for individuals to $830 per month and couples to $1,407 per month).  Grants were already reduced due to suspension of cost of living increases on May 1, 2009 and June 1, 2009. The 2009-2010 State Budget passed in February also included a 2.3% reduction to the SSI/SSP grant level, effective July 1, 2009 (lowering grants to $850 for individuals and $1,489 for couples).  That grant level will be lowered further on October 1, 2009 if this new proposal by the Governor is approved.  (Reduction would total over $264 million in state general fund spending.)
    • Cash Assistance Program for Immigrants (CAPI) – Governor proposed elimination of this state funded program that provides similar SSI/SSP level grants to over 10,000 persons with disabilities, the blind and seniors who are legal immigrants but do not qualify for SSI/SSP due to federal law changes in 1996.  (Reduction would total over $85 million in state general fund money.)
    • California Food Assistance Program (CFAP) – Governor’s proposal to eliminate this program which provides food stamp benefits to legal immigrants not eligible for the federal food stamp program.  (Reduction would total over $33 million in state general fund spending.) 

    For more information on the California state budget, see:  

    Information in this article is edited in part from Health Access’ and CDCAN’s budget update alerts, 6/16/09.

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