Wednesday, November 2, 2005

TO:

Kim Belshé, Terri Delgadillo , Dennis Boyle, Joe Carlin, Eva Lopez Brian Koepp, Diane Cummins, Peggy Collins, Gail Gronert, Anastasia Dodson, Christian Griffith, Sue North, Casey McKeever, Chantele Denny, Julianne Huerta

FROM:

SEIU Local 434b; Herbert M. Myer, IHSS consumer;  IHSS Public Authority of Marin; United Domestic Workers;  California Association of Public Authorities; Home Care Council;  Grey Panthers; OWL; Quality Home Care Coalition;  Janie Whiteford, IHSS consumer advocate; Protection & Advocacy, Inc. (PAI)

RE:

IHSS Quality Assurance Initiative: Request for continuation of process

We appreciate that CDSS has made significant efforts toward an inclusive and productive stakeholders process.  A great deal of work has been completed and many of the mandates contained in SB 1104 to develop a quality assurance initiative have been completed in accordance with statutory deadlines and with the concurrence of stakeholders.  However, we have significant concerns in three areas, outlined below. The most complex, significant and potentially controversial piece pertaining to the development of Hourly Task Guidelines requires additional time and thought and we respectfully request that a more reasonable timeline to do justice to this effort which affects so many Californians.

Hourly Task Guidelines Issues

SB 1104, enacted in 2004, established an IHSS Quality Assurance Initiative.  One of the most complex requirements of SB 1104 is for the California Department of Social Services (CDSS) to develop statewide hourly task guidelines and instructions to provide counties with a standard tool for consistently and accurately assessing IHSS service needs and authorizing service hours to meet those needs.  Under current law, CDSS must complete the development of the statewide hourly task guidelines, including exceptions to those guidelines, and adopt regulations by June 30, 2006.  In accordance with state law, CDSS has established a process to obtain input from stakeholders.

CDSS staff has made substantial efforts to obtain data and solicit input from stakeholders to develop hourly task guidelines.  Numerous workgroup meetings have been held and a great deal of effort has gone into the job of finding and developing data sources that could be used to develop the hourly task guideline ranges.  

While recognizing the effort that CDSS has made to provide data, we are very concerned about the reliability and accuracy of the data that has been shared with workgroup participants. Reliable data is essential to ensure that the hourly task guidelines that are developed comply with the statute and accurately “specify a range of time normally required for each supportive service task necessary to ensure the health, safety and independence of the recipient.”

One of CDSS’s primary data sources is the Case Management Information and Payrolling System (CMIPS).  CMIPS is a twenty-year-old information computer system that tracks IHSS case information and processes payments to providers.   CMIPS does not provide data on the number of hours that are normally required for each consumer to live safely in their home.  It only reports the hours that have been paid for service – not what is actually needed.   Notwithstanding the numerous concerns that have been expressed by stakeholders about CMIPS data, this is the data that is used most commonly in the workgroups in discussing and developing potential time-for-task ranges. CMIPS data reflects the current inequities and differences between counties in approval of IHSS hours. Clearly, relying on CMIPS data will not produce the statutorily required “range of time normally required for each supportive service task necessary to ensure the health safety and independence of the recipient.”

To comply with SB 1104, CDSS must obtain and use data reflecting the actual range of time (taking into consideration variations such as “good days” and “bad days”) necessary to ensure the safety and independence of consumers.  That leads to our conviction that field testing is essential prior to the development of hourly task guidelines.  CDSS has conveyed “that the field data test of the Hourly Task Guideline will occur during the same period of time that the regulations are being moved forward through the regulatory process. “  This puts the cart before the horse and means that draft guidelines and draft regulations will be based on data about current utilization rather than the normal ranges of time actually needed to ensure safety and independence of consumers. 

The next and seemingly last meeting of the Hourly Task Guidelines Workgroup has been scheduled for November 3rd.  We have been consistently advised that CDSS will release draft regulations in early December in order to comply with the June 30, 2006 deadline for regulations to be enacted.   We are profoundly concerned about the lack of field testing and accurate data to develop hourly task guidelines and believe that additional time is needed to comply with the law and produce credible guidelines which comport with the intent of SB 1104.

Accordingly, we are requesting that November 3rd workgroup meeting be agenda changed to focus on the continuation of the process. We further request a meeting with principle representatives of the stakeholder organizations as soon as possible to explore ways to resolve concerns that have been expressed on numerous occasions about this process.

IHSS Training Issues

SB 1104 also requires CDSS to develop a standardized curriculum, training materials and work aids on the IHSS uniformity system.  CDSS has established the IHSS Training Academy under contract with CSUS and is budgeted to train approximately 2500 individuals in their Phase I training program.  IHSS stakeholders, including CFILC, Protection & Advocacy, SEIU, UDW and IHSS advisory committee members have requested access to training sessions. At our October 13th meeting, CDSS staff suggested we would receive access.  However, there has been no follow-through. We await information enabling the stakeholder community to participate in these sessions.

Accessibility To Meetings And Workgroup Materials

Workgroup participants and stakeholders have repeatedly expressed concerns and criticisms about accessibility issues.  Meetings of the workgroup are always in Sacramento and, despite all efforts of CDSS to improve the quality of conference calls, the phone-in system is a source of major frustration.  Callers are often unable to hear and participate in a meaningful way.  While meeting materials are distributed by email and at the workgroup meetings, these essential documents are often not posted on the CDSS website on IHSS Quality Assurance.  To remedy the situation, we are requesting that:

1.     All working materials and documents be posted and accessible on the CDSS website on IHSS quality assurance at least 72 hours before meetings;

2.     All training materials, including manuals and curriculum, be posted and accessible on the CDSS website;

3.     All meetings be fully accessible, including fully functional phone access; and

4.     Future meetings be later in the day, preferably in the afternoon, to accommodate the participation of people with disabilities.

Thank you for consideration of our requests, made on behalf of IHSS consumers and providers.