Cuts would impact the care of an estimated 372,000 low-income seniors and people with disabilities.
United States District Court Judge Claudia A. Wilken issued a Temporary Restraining Order (TRO) effective immediately that stops the state from proceeding with a 20 percent cut to the state’s In-Home Supportive Services (IHSS) program until the Court is able to hear the case on Dec. 15.
The $ 100 million in cuts to the IHSS program are part of the state’s $ 700 million “trigger cuts” written into the 2011/12 state budget and passed under SB 73. The cuts, which would impact the care of an estimated 372,000 low-income California seniors and people with disabilities, were to be enacted on January 1, 2012, if state revenues didn’t meet projected earnings by mid December.
“Judge Wilken’s Temporary Restraining Order brings a sense of relief to California seniors and people with disabilities.” – Laphonza Butler president SEIU United Long Term Care Workers
“This ruling means that our parents, grandparents, and children with disabilities who rely on the IHSS program to live safely at home will be able to get through the holidays without fear of losing their in-home care and being forced into institutions. It also means that there is a possibility of preventing these dangerous cuts to home care altogether.” she explained.
As stated in Judge Wilken’s findings, SB 73 raises serious questions of violations to Title XIX of the Social Security Act, the Medicaid Act, the American Disabilities Act and part of the Rehabilitation Act of 1973 by placing IHSS recipients at imminent risk of unnecessary and unwanted out-of-home placement.
Although the TRO does not stop the cuts from taking place, it does prevent the state from moving forward with issuing a Notice of Action to IHSS recipients that would announce the IHSS cuts as taking place on Jan. 1, 2012.
“If implemented, these trigger cuts to the IHSS program would place hundreds of thousands of fragile lives in jeopardy,” said Butler.