Federal suit filed to block massive cuts to in-home supportive services

Advocates for more than 130,000 elderly and disabled recipients of in-home supportive services this morning filed suit in federal court in San Francisco to block more than $53 million in state budget cuts that, as of today, would eliminate or drastically reduce services provided to them.

The suit is the latest example of legal challenges and administrative appeals that may delay tens of millions of dollars in expected budget cuts to health and human services, from adult day care centers to respite and home health aides.

David Oster, 35 of Torrance is among those suing to prevent cuts to in-home supportive services. Oster, who is autistic and bipolar, said he relies on in-home aide Julia Medina, 53, to help with cooking, cleaning, grocery shopping and other household chores.

"Before she came, this place was a whole mess," Oster, 35, said as he showed off his tidy one-bedroom apartment Wednesday as Medina looked on. "She helped clean up the mess; we worked on that together."

Several advocacy groups joined in the suit, including Disability Rights California, Disability Rights Legal Center, the National Senior Citizens Law Center, the National Health Law Program and four home care workers' unions.

"I think that we will ultimately be successful in convincing a judge that yes, the state can make cuts, but not this way," said Melinda Bird, senior counsel in the Los Angeles office of Disability Rights California. "I would encourage people not to give up."

Advocates also sued last summer to block pay cuts for about 400,000 in-home supportive services aides included in the budget, and won a stay in June.

They have reason to be hopeful. Last month, a federal judge in Oakland issued an injunction blocking a $28.1-million cut to the Medi-Cal Adult Health Care program after advocates sued in August complaining the services were essential for 8,000 elderly disabled recipients.

-- Molly Hennessy-Fiske

Photo: David Oster, 35, of Torrance, is among those suing the state to block cuts to in-home supportive services. Oster, who is autistic and bipolar, said before his aide Julia Medina, also pictured, started helping him two years ago he was overwhelmed. Credit: Spencer Weiner/Los Angeles Times

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Comments

[Julie]

This program is a drain on our depleted system, and should be more closely scrutinized. Fraud is rampant with many elderly splitting their IHSS checks with the people who 'care' for them, and its easy to see why the gov't wanted to pull the program.

Best not to upset the AARP, though. Wouldn't want them to get their Depends all up in a bunch.

[V. K.]

It really sickens me to know that the disabled and elderly are nothing more than a number to the government. The elderly are the ones who helped to get us where we are, as we will be to the next generations. So what happens to these same government officials when they become elderly or disabled? I'm guessing that their pension plans and retirement funds will help them, but what about those people who barely have money to buy groceries, or who cannot even get out to buy groceries?

Are we just expected to let these people suffer and possibly die because the government cannot find a way to fix the mess they got us in? Who do we need to talk to about these politicians and elected officials taking a pay cut to help with the budget? Cutting funding to the elderly and disabled is just a drop in the bucket compared to the financial help this state needs.

All these cut backs are really saying is that when a person isn't fitting in to "societies" idea of "normal living" then they become dispensbile! So much for the preservation of life!!! SERISOULY, who do we talk to about overthrowing this insane idea to continue to cut funding to those who need it the most. How about making people how drive vehicles that cost more than 40,000 (and probably creates more gas emissions) pay more in taxes because they can obviously afford it.

I honestly don't know much about government, but I can see when something is shady, and these cuts are shady. I cannot foresee these cuts being anything good at all. At the rate we are going, my grandchildren's generation will be cleaning a lot more messes than we are, and the next generations after their's as well. This is no future to set for our children.

[Elizabeth]

IHSS is a valuable and beneficial program. It has been scrutinized by both the legislature, and the governor (whose assertions were not backed by valid numbers). AARP has nothing to do with the program. How callous of Julie to express such cynicism -- one day, Julie, you'll be old too. It is cost effective to care for disabled and elderly in their own homes, far less expensive than nursing homes, and generally the cooking is better. Most of the dollars are matched by federal funds, so for every dollar we cut in California, we lose the matching federal dollars. Shortsighted of the California government to do this.

[StevefromSacto]

Why can’t Julie the same fervor for going after big white-collar government contractors, and other firms that score lucrative government contracts, whose taxpayer rip-offs dwarf the meager amounts possibly scammed by a few near-minimum wage caregivers?

[Charles Bean]

"This program is a drain on our depleted system, and should be more closely scrutinized. Fraud is rampant with many elderly splitting their IHSS checks with the people who 'care' for them, and its easy to see why the gov't wanted to pull the program.

Best not to upset the AARP, though. Wouldn't want them to get their Depends all up in a bunch."

Julie, many may agree with you, but instead of making claims demonstrate where the fraud is. There are many who use the system correctly and as you stated there is some fraud. Use your knowledge to correct the problem without hurting the larger number who are attempting to live independently and same you and I money.

[FAIRNESS]

THIS IS NOT ABOUT HELPING THE DISABALED

IT IS ALL ABOUT THE MILLIONS AND MILLIONS IN UNION DUES PAID TO SEIU THAT WILL BE LOST END OF STORY

[FAIRNESS]

Julie is correct in her view
just look at Mr Oster ..........looks pretty capable to me
come on people, he is just "gaming the system"
So I am being taxed so someone can clean his house???????
"IHSS please send an aide today to clean my house now
because I dont feel so good and I have a headache"
This is fraud the only ones that should get aid help
are the ones that truly need help. The State should hire auditors to root out the fraud and make this a good program
wake up people

[Angela Gardner]

People with disabilities and the elderly deserve the access to healthcare and other services like everyone else. Whether it's public schools for children and young adults, Medicare for our seniors, the VA for our armed services,for example;all these programs in one way or another has had problems that people may feel is not fair or just. Should the all be eliminated as well? It is unfair that "some people" can have access to programs and services and others do not. IHSS is much more cost effective than nursing home and convelescant hospital care which many people will be going into because of these cuts which will cost taxpayers more in the long run.

[Michael]

Hey, "Fairness" you can't judge a book by its cover. Mr. Oster may look OK to you and me but the story specifies that he is autistic and bi-polar. That's a bit more involved than the "headache" you suggest. Just as an example, what if we had an woman, say, around mid fifties with Alzheimers? Physically the woman would be able to do many things herself like cooking and cleaning. However, due to the nature of her disease, while cooking, she could forget to take whatever it is she's cooking off the burner and start a fire. She could burn the place down, or worse kill herself, or even more worse kill the neighbor if the fire spread. What if you were that neighbor? Anyway, my point is we need to be a little less knee jerk and look at each situation individually and the implications of not providing the supportive services. It about more than tax dollars and DOES effect you and me. They are our neighbors.

[Lynda Cordova]

I'm not sure the person who commented on the elderly people splitting their IHSS checks has done their research. The care provider receives checks for caring for their client, not the other way around. IHSS is a beneficial program by which people who are disabled, but not ready to go to a care home can remain in their homes. It has been scrutinized and is continuing to be scrutinized for fraud as it should be, but it needs to remain in place. The drain on the government's resources will not be made less if the recipients of the program are cut off. They'll all go to care homes where they will be shown less care than they now get and the people who provide care for them will become more of a drain on the state monies by either going on Welfare or unemployment until they can possibly be employed again.

[Mariza]

Hey Fairness unless you are around disabled adults you shouldn't post anything negative about them. You truely don't know about Autism please do your research first then post any opinion you have about the persons.