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Fee would prevent cuts in in-home care for elderly, disabled

By Daniel Weintraub

The Democratic proposal to draw more federal money to California by raising the income and car taxes while lowering the sales tax has received a lot of ink this week. But a smaller and possibly less controversial idea to draw down more federal money to stave off cuts in home care for the elderly and disabled is also moving forward, with little fanfare.

This proposal is modeled after similar plans already in place for intermediate care nursing homes and homes that care for people with developmental disabilities. The idea is to impose a fee on the industry, and the money raised by the fee is then matched by the federal government. The state, in turn, returns the fee money to the people paying it. The payers come out even, but the state pockets the match from the feds. That windfall can be used to boost services, or, as is the plan in this case, reduce the need for cuts.

This roundabout scheme might seem a bit dodgy, but it has worked in the past for nursing homes and the developmentally disabled, and several other states have used it for in-home supportive services.

Advocates for the disabled and the unions representing in-home workers believe that such a fee could generate $150 million to $200 million for California.

The budget conference committee this week approved the concept while also repealing cuts to the program that were enacted last year but have been put on hold by the courts.

The cuts that might be avoided if the plan works would be a reduction in the state share of in-home care workers’ wages, to $9.50, and eligibility restrictions that eliminated all in-home services for people who had a “functional index” rating below 2 on a scale of 1 to 5, and eliminated domestic services for people with a rating below 4.

A rating of 1 on the scale means the person can perform a function independently. A 4 means the person can perform the function with assistance and a 5 means the person cannot perform the function, even with assistance.

 

Appeals court blocks Medi-Cal rate reduction

UPDATED AT 9:06 AM ON MARCH 4

A federal appeals court has blocked the state's attempt to cut reimbursement rates for Medi-Cal to doctors and hospitals, including the UC Davis Medical Center, shown here.

A federal appeals court has once again blocked California from reducing payments to doctors and hospitals that care for the poor under the state’s Medi-Cal program, finding that the Legislature did not sufficiently study the impact of the cuts before enacting them. The Ninth Circuit Court of Appeals also rejected the state’s attempt to cut reimbursements for the wages of in-home care workers by nearly 20 percent.

The appeals court panel upheld lower court injunctions blocking the rate reductions until a full trial on the merits of the case could be held. The Medi-Cal case was brought by the California Pharmacists Association and a long list of other plaintiffs. The case challenging reductions in the wages of in-home care workers was brought by a woman who uses in-home care and the Service Employees International Union, which represents the workers.

The panel did not say that the state could never reduce reimbursement rates. But because the programs are partially funded by the federal government, the state must follow federal rules for managing the services. One of those rules states that Medi-Cal reimbursement rates must be high enough to ensure that care and services available under the plan are available to the same extent that such services are available to the general population. This is known as the “equal access to care” provision.

The state argued in its defense that some of the services at issue are not available at all to the general population because they are designed for the low-income people. But the court found that the state still had a responsibility to determine if the rate cuts would reduce access to care before implementing them.

Writing for a three-judge panel, Judge Milan D. Smith scolded the state for its repeated attempts to cut Medi-Cal rates without sufficient study.

“We have now handed down multiple decisions instructing the State on (its) procedural requirements,” Smith wrote. “We trust that the State now understands” that in order for it to comply with those requirements, it must rely on “responsible cost studies” that provide reliable data on which to base its reimbursement rates. The court in the past has also ordered the state to study the impact of the proposed rate changes before setting the rates. In this case, the court found, “the state did neither.”

California’s reimbursement rates for Medi-Cal are already below average among larger states and the state’s cost per person in the program is among the lowest in the nation.

Gov. Arnold Schwarzenegger’s office said the state will appeal the ruling.

More info:

See the court’s opinions and memoranda here.

Note: An earlier version of this item incompletely identified the plaintiffs in the case involving in-home care.

 

Budget would cut support for seniors

By Bruce Chernof, M.D.

Gov. Arnold Schwarzenegger’s proposed budget for the coming year has serious implications for California’s low-income seniors.

According to a recent analysis by the UCLA Center for Health Policy, the proposal would dismantle California’s home- and community-based long-term care system.

Full implementation of the proposed cuts would likely leave frail, low-income seniors – among the state’s most vulnerable residents – without needed support. Many could face a total loss of daily assistance, including those with serious functional limitations (e.g., inability to bathe themselves) and cognitive impairments such as Alzheimer’s disease. Left with few alternatives, many would be forced to turn to nursing homes for care. However, the state has neither enough open licensed beds nor the funds to pay for the increased demand on institutional services.

In California and throughout the country, efforts at long-term care policy reform have for years focused on helping people with disabilities remain in their homes and communities. To support the highest level of autonomy possible, the Americans with Disabilities Act of 1990, backed by findings of the U.S. Supreme Court in Olmstead v. L.C. (1999), holds the state accountable for providing care and support in the community where possible as an alternative to institutionalization. As a result, California’s community-based long-term care services have kept thousands of older adults and adults with disabilities out of institutional care. The UCLA Health Policy Center’s analysis of U.S. Census data found that nursing home rates have dropped from 5.1 percent of the population in 1980 to 2.8 percent in 2008. This time frame corresponds with increased access to publicly supported home-and community-based services.

These programs, designed to allow individuals to stay in their own homes rather than placing them in more expensive nursing homes, are subject to substantial cuts. For example, the In Home Supportive Services (IHSS) program provides personal care assistance to nearly half a million low income people who are over the age of 65, blind or disabled. Proposed cuts, according to data from the nine counties analyzed in the UCLA study, would eliminate services for 87 percent of all current recipients. More than two-thirds of elders with cognitive impairment would have their services totally cut, as well as 94 percent of those who live alone. But even the few who will retain services are at risk. If the state does not receive all $6.9 billion of federal assistance it requested, then “trigger cuts” would eliminate the entire program.

Seniors in jeopardy of losing IHSS also stand to lose Adult Day Health Care (ADHC), a community-based day care program that provides health, therapeutic and social services to 37,000 persons at-risk for nursing home placement. Cuts propose to eliminate this program all together.

Other cuts to programs that help seniors are up for discussion as well, forcing them and their families to scramble for long-term care alternatives should services disappear. Among the most unpopular of alternatives is going to a nursing home. Yet even this option presents challenges. The California Legislative Analyst’s Office estimates that up to 50 percent or 213,500 of those losing IHSS services could seek nursing home placement as a result of cuts, yet the state has only around 20,000 licensed nursing home beds available at any moment. The UCLA analysis suggests that – at most – 5 percent of those needing placement could be accommodated. Where will the rest go?

Left to fend for themselves, low income older and disabled adults with substantial impairments could likely turn to the more expensive acute care system – emergency room visits and hospital admissions – for help.

Compared to the rest of the country, California has the largest number of older adults in the nation and as baby boomers retire, that number will only grow larger. While the proposed reductions might save money in the near term, it could likely result in increased acute care costs and long-term care costs down the road.

Dismantling these programs would also have a negative effect on an already precarious California job market. If the cuts go into effect, unemployment will almost certainly rise. As many as 7,600 employees would lose their ADHC jobs and up to 370,000 paid caregivers would lose some or all of their IHSS work. Many would lose health insurance benefits provided by these jobs. Also, family caregivers who rely on these services to help care for loved ones so they can maintain employment outside of the home would be forced to find with alternative care or face jeopardizing their own jobs.

The current collection of home- and community-based services in California is not perfect. With little cohesion, this patchwork of programs often operates in silos and could benefit from a more comprehensive and effective coordination process. However, its overall contribution has been positive for seniors and family caregivers alike.

The State of California faces an overwhelming financial crisis that threatens to unravel the safety net for seniors. There are no simple answers to this painful crisis. Yet it presents an opportunity to create a more integrated, efficient and person-centered approach to care rather than leaving our poorest and most vulnerable Californians with no place to go.


Bruce Chernof, MD, is the president and CEO of The SCAN Foundation in Long Beach, California. The SCAN Foundation supported the UCLA Center for Health Policy analysis of the governor’s proposed budget.

 

Report: IHSS not a cost-saver

Photo from the Legislative Analyst's office.

The state’s fastest growing major social service program is not a cost-effective approach to keeping elderly and disabled people out of nursing homes, according to a report issued today by the Legislative Analyst’s Office. The LAO examined a long-held but rarely questioned assumption: that the In-home Supportive Services program, which provides assistance with bathing, cooking, and other household tasks, is a bargain for the state despite its rapidly rising costs because without it, most of the people who receive the services would be moved into institutional care. The researchers created a model showing that for the program to be a fiscal win for the state and county government combined, you have to assume that at least 58 percent of the recipients who are not developmentally disabled would go into nursing homes in the absence of their in-home services. And the LAO concluded that this would not happen. The office did say that from strictly a state perspective, ignoring the counties’ share of the costs, the program might be cost-effective. And the report noted that IHSS has other goals as well, including improving the quality of life of the recipients and their families, that might make it worthwhile even if it is not saving the taxpayers money. See the full report here.

Graphic from Legislative Analysts office

 
 
 

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