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Lawsuit seeks to block cuts to in-home care for the elderly and disabled

October 1, 2009 |  2:09 pm

Advocates for the elderly and disabled announced Thursday that they have filed a federal lawsuit in San Francisco to block cuts to California’s home care program, a month before more than 130,000 recipients are scheduled to have their services reduced or eliminated.

State lawmakers and Gov. Arnold Schwarzenegger approved a July budget deal that sliced $263.5 million from the program, which pays for aides to cook, clean, shop and provide other services that allow the elderly or infirm to live in their homes rather than in facilities such as nursing homes.

The advocates are asking for an injunction before letters go out later this month to the 36,000 Californians whose aid would be eliminated and an additional estimated 97,000 who would lose some services. The cuts are set to go in effect on Nov. 1.

Melinda Bird, senior counsel for Disability Rights California, accused the state of trying “to balance the budget on the backs of the poor and those with disabilities.”

Officials plan to cut services to those with the lowest scores on a scale measuring recipients’ needs. But Bird called the scoring method “arbitrary, irrational and unfair.”

Assembly Speaker Karen Bass (D-Los Angeles), who helped craft the budget, appeared somewhat supportive of the lawsuit.

“Democratic legislators have repeatedly fought efforts by Republicans, including, the governor, to dismantle this important program,” she said in an e-mailed statement. “The courts having an opportunity to weigh in on how we serve elderly and disabled Californians could prompt a responsible approach from all sides."

The Schwarzenegger administration plans to fight the suit, said H.D. Palmer, a spokesman for the Department of Finance.

The home aide program serves approximately 462,000 Californians.

-- Shane Goldmacher in Sacramento

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California has WAY too many poor people living here. Sorry, but I don't want to pay for other people, I have my own needs. Yes, we are always going to balance the budget on the backs of poor people, rich people don't need the handouts - DUH.

my mom will turn 91 in December. she has a caretaker come everyday for about 4-1/2 hrs. Delia, the caretaker, cooks, cleans, shops, accompanies my mother to appts, she takes her outside for some sunshine, a short walk, or simply have her sit outside while the caretaker waters my mom's roses. my mom has been spoiled by her and has become dependent on her. so much so, that on weekends (my mom loses track of the days) will tell us, "Delia didnt come today." we have to remind her that its the weekend, and she wont be coming. Delia assists my mom with her bathing also. after her bath, she will apply a little powder and lipstick on my mom. something very small and simple, but oh, thats a big deal for my mom, being as old as she is, but it makes her feel oh so pretty again. my mom is slowly becoming forgetful, has left the stove on, has fallen inside and outside the house. Delia has been a lifesaver, a real blessing. Any elderly person should be so lucky. What would my mom do without her? I do not understand why our government, our leaders, our society, cannot give our truly disabled, our elderly anything and everything they need to live their remaining years in a peaceful, comfortable way. They've paid their debt, they've worked hard. Now its time they get "reimbursed" with what little comforts they need. My mom doesnt ask for much. she doesnt need very much. It upsets me so when i hear that cutbacks are taking place in the schools and with our elderly. Schools should be given everything they need in order to produce a better future, not just for the individual student but for the betterment of society, our cities, our country. i think it is so stupid, absurd to cut back in our universities also.

Let's not deprive the elderly and the disabled with the help and support they need to live "decent lives", the elderly have done their share in their days working, so give them a break. The disabled deserve just as much support and assistance as the elderly do because they lack the means to support themselves unlike ordinary people.

The coming cuts are based on a functional index score, that isn't too clear in any way with regard to how they calculate it. At the very least this needs to be looked at more closely. For instance, you could have an elderly woman with Alzheimers who is physically able to cook and clean, which would result in a low functional index score (the lower the more capable). However, due to the nature of the disease while cooking she could leave the stove on and burn down the house, injuring herself or even killing herself and nearby neighbors. The cuts need to be carried out in a more thoughtful manner. Each case needs to be looked at individually.

As if the budget cuts to the elderly and disable weren't debilitating enough, the Austrian Immigrant has decided to strike another blow against those who cannot speak for themselves. The latest scam targets not only the elderly, but the blind and other disabled citizens. Schwarzenegger could not stop at chopping away from their fixed incomes and has decided to catch them on the other end as well. he has immediately suspended any home owner or renter tax deferrals from these people in need. These changes fall under
Chapter 4 for the new California Statutes. On another note, the legislatures who have corrupted our state have recently been given a recent raise of approximately $430,000. I am outraged that the people who need the
help the most, many of which have served their country well, are being targeted by the rich bureaucrats in Sacramento. These bureaucrats should be the first ones to tighten their belts just out of principle, not stealing
from the poor.

Only a fool would not realize that in home care saves the 'health care system' multi-millions annually.




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