Senate Budget and Fiscal Review Subcommittee No. 3 on Health and Human Services
- Caroline Menjivar
Legislator
Welcome to budget subcommittee number three in health and human services. Today, we will be going over, IHSS and then dive into some DDS issues. We will be doing two public comment, public comment periods.
- Caroline Menjivar
Legislator
We're gonna break after the IHSS items and then go public comment and then move on. On the second public comment, I apologize.
- Caroline Menjivar
Legislator
We might have to cut it really short. I have a hard out at 03:15. So if we could be mindful of the public comments in the first time, I will limit it to no more to no more than a minute on the first round of public comments. Okay. Let's get going y'all.
- Caroline Menjivar
Legislator
If I can have a welcome back Director. Department of social services and those participating in our first panel to go over the IHSS overview and the governor's proposed reductions. Michelle is already up here with us.
- Caroline Menjivar
Legislator
You could no. You could stay there. We're just gonna switch those we're gonna put Carlos in yeah. Next to Tiffany right there. Yeah. But when, yeah, we'll put that chair over there. Oh, perfect. Yep. Shuffle over. Perfect. We got this, y'all. I got this.
- Caroline Menjivar
Legislator
Professional chair movers. So the department's gonna provide an overview in how, I just wanna clarify how we're gonna go over this. Since there's three items on it, we're gonna go item by item. So the department will go over the first item of the hours.
- Caroline Menjivar
Legislator
Then we'll have, each panelist and LAO, Department of Finance, you wanna add anything to that. And then that's how we'll go. So we don't So we focus on each topic. So director, if you wanna readjust your Alright. Director, Kick us off. Will do.
- Jennifer Troia
Person
Good morning. Jen Troia. I'm the director of the Department of Social Services. Joined here by Leora Filicina who's our deputy director over adult programs.
- Jennifer Troia
Person
Thank you for the chance to speak today about the ways that CDSS and our programs support older adults, one of the fastest growing populations in our state, and people with disabilities.
- Jennifer Troia
Person
I will first do, answer the questions you asked related to an overview of the governor's budget for AHSS, and then move to the first, governor's budget proposal as requested.
- Jennifer Troia
Person
So the in home supportive services program, or IHSS, is a cornerstone of California's long term supports and services system. It provides domestic and personal care services to children and adults with disabilities and to older adults to keep them safely in their homes and avoiding institutionalization.
- Jennifer Troia
Person
IHSS is a very large program. We have over 900,000 authorized recipients served by over 800,000 providers. The governor's budget includes $30.4 billion in fiscal year 25-26 for the IHSS program, which reflects an increase of $504 million from the budget act of 2025.
- Jennifer Troia
Person
The governor's budget also includes $33.4 billion in fiscal year 26-27 for the IHSS program, which reflects an increase of $3.5 billion from the budget act of 2025.
- Jennifer Troia
Person
In general, increases to the IHSS budget are due to growth in the projected caseload, growth in the cost per hour, and growth in the number of hours per case for IHSS overall. There are three proposals in the governor's budget, which I will cover, in turn.
- Jennifer Troia
Person
The first is related to shifting costs associated with growth in IHSS authorized hours per case. The second is eliminating the IHSS backup provider system. And the third is aligning IHSS eligibility terminations with Medi Cal Eligibility terminations.
- Jennifer Troia
Person
Before I turn to those, you did also ask some questions related to the Community First Choice Option or CFCO and the change in penalties that we made last year in the budget. The community forced choice option or CFCO is a federal Medicaid program within IHSS.
- Jennifer Troia
Person
It covers specifically individuals who have higher care needs and would otherwise require institutional care. As a result of that high level of need, the state receives an enhanced federal match related to, the care for those individuals.
- Jennifer Troia
Person
Under CFCO, the Federal Government requires that recipients are redetermined every twelve months. If a reassessment is not completed timely, the state is required to repay the enhanced 6% of federal funding that we received for each case for every month it is not reassessed.
- Jennifer Troia
Person
As part of the 25-26 budget, state law was amended to shift the responsibility for paying those penalties to the counties, who are also responsible for ensuring that reassessments are completed in a timely manner.
- Jennifer Troia
Person
The language specifies that counties pay 50% of those penalties in the 25-26 current year, and 100% of the penalties beginning July 1st of this year.
- Jennifer Troia
Person
Since the law was amended to shift the responsibility of paying these penalties to the counties, the number of overdue reassessments has decreased by about 79%.
- Jennifer Troia
Person
We appreciate all the work the counties have done to reduce the number of overdue CFCO assessments and anticipate that CFCO penalties will be lower than prior projections as a result of that work.
- Jennifer Troia
Person
Your agenda notes that counties have expressed concerns regarding the workload associated with the reassessments and the impacts on timeliness associated with other responsibilities like processing applications.
- Jennifer Troia
Person
We think it's important to note that applications for IHSS have been increasing by an average of 20 to 25,000 each month.
- Jennifer Troia
Person
It's difficult, therefore, to determine whether any recent delays in application processing are attributed to that volume change or to the CFCO reassessment prioritization. We'd also note there was a significant backlog of overdue CFCO reassessments.
- Jennifer Troia
Person
And it's our hope that once counties are caught up, it will be easier for social workers to maintain and complete those assessments in a timely manner because there won't be such a large backlog to clear.
- Jennifer Troia
Person
Finally, CDSS has been working with counties to implement automation to streamline application processing, including automating the healthcare certification process, electronic forms, and providing technical assistance to help counties identify best practices.
- Jennifer Troia
Person
So we hope that that will also be helpful in timeliness related to, application processing. With that, I'll turn to the first governor's budget proposal, which is the shift of costs associated with growth in IHSS average hours per case to the counties.
- Jennifer Troia
Person
The governor's budget proposes this cost shift or change in the cost sharing, policy. It is estimated to reduce general fund costs by $234,000,000 beginning in fiscal year 27-28, and then to increase by more in the out years.
- Jennifer Troia
Person
Under this proposal, CDSS would work with the counties to establish a statewide baseline for average authorized hours per case by May 2027. Once the baseline is set, any non federal share of cost for hours that exceed that baseline would shift to the counties.
- Jennifer Troia
Person
The proposal is for those costs to be distributed according to each county's proportion of the statewide caseload. It's important to emphasize that this proposal does not change IHSS recipients eligibility for services or additional hours.
- Jennifer Troia
Person
Currently, counties are responsible for conducting IHSS assessments, but they don't share in the cost of the growth in hours they authorize. This proposal would change those cost sharing responsibilities between the counties and the state associated with the growth in hours.
- Jennifer Troia
Person
We're committed to encouraging and supporting accurate and consistent use of the mandated assessment tools which include functional index rankings and hourly task guidelines. And to ensuring that increases in hours are tied to verify changes in conditions or circumstances.
- Jennifer Troia
Person
We recognize the importance of social workers applying the rules of the program uniformly across the case load. And in keeping with these goals, we provide training and technical assistance and perform quality assurance monitoring.
- Jennifer Troia
Person
You asked about what we expect to change as a result of this proposal. We do believe this proposal may incentivize counties to change business processes.
- Jennifer Troia
Person
For example, they may make more internal training and robust case review practices that reinforce social worker knowledge of the IHSS program rules and regulations, and encourage a better understanding of how to use the mandated assessment tools to lead to more accurate and
- Jennifer Troia
Person
uniform assessments. You also asked what we know about the growth in hours per case and its causes. Currently, to determine how many hours an IHSS recipient should receive. A social worker performs an in home, in person assessment.
- Jennifer Troia
Person
And based on that information, assigns a functional index ranking to measure the level of assistance the individual needs to complete the daily tasks safely. In general, higher FI rankings are associated with a higher level of need for assistance.
- Jennifer Troia
Person
Using these rankings along with hourly task guidelines, social workers authorize the appropriate number of service hours. We've observed that the average number of authorized hours has continued to increase in recent years while the functional index rankings that indicate level of need
- Jennifer Troia
Person
have remained essentially flat. Over the last ten years, the average hours case have grown over twenty seven hours, while the same metric had only grown by four hours in the prior decade.
- Jennifer Troia
Person
When we look at the demographics of the program, we've seen that it's grown in size, but no particular group of recipients has been identified as driving such a large identified as driving such a large growth in the authorized hours.
- Jennifer Troia
Person
The intent again is for recipients to receive the hours of service for which they are eligible. If a recipient has a change in circumstances or requires additional services, they should receive those additional hours they need within the parameters of the program.
- Jennifer Troia
Person
The counties are responsible for using the established tools to accurately assess the number of hours a recipient needs and is eligible to receive. What this proposal will change is the cost sharing between the state and the counties for any additional hours of, growth in hours.
- Jennifer Troia
Person
With that, I'll wait for your questions. I think you wanted to hear from the other panelists.
- Caroline Menjivar
Legislator
Thank you so much. I'm gonna turn over to, Department of Finance for any additional comments on the first proposed reduction.
- Juwan Trotter
Person
Good morning, Chair. Jawan Trotter, LAO. So acknowledging that we'll be talking about the governor's IHS budget reductions, process in a few minutes. I did want to begin with sharing some comments over the overall IHS budget more generally.
- Juwan Trotter
Person
As part of the review of the governor's budget, we take a close look at the underlying cost drivers of the program. And as known in the agenda and by the administration, for HSS, these main cost drivers of caseload, cost per hour of care, and hours per case.
- Juwan Trotter
Person
When we compare the governor's estimates of these three cost drivers to the most recent actual data we have available, We find that the governor's estimates appear reasonable.
- Juwan Trotter
Person
Meaning the growth in case load and these other factors appear to be tracking relatively closely with the governor's estimates.
- Juwan Trotter
Person
Of course, these estimates will be updated at the mayor vision and we'll review them again at that time. Moving forward to the hours proposal, I'll begin my comments by reviving some historical context around the hours per case in the IHSS.
- Juwan Trotter
Person
As the administration and the agenda has noted over the past decade or so, the statewide average authorized case and actions have grown steadily by an average of around 2% every year.
- Juwan Trotter
Person
And this is in contrast to the change in the statewide average functional index score, a score that roughly represents the recipient's level of need, which has remained flat over the same period of time.
- Juwan Trotter
Person
As we just heard, the administrative proposal will shift the cost of growth in IH's hours from the state to the counties. This proposal raises several questions and issues we think are worth considering as you work to evaluate the administration proposal.
- Juwan Trotter
Person
So first, while the average hours per case have increased steadily at a statewide level, the administration has not conducted a comprehensive assessment of the root cause of this increase in hours per case.
- Juwan Trotter
Person
And indeed, and if these growth in our case are indeed growing faster than would be expected or needed given the level of care. So for example, are increasing hours per case related to aging population? Are they related to an increase in the percentage of minors?
- Juwan Trotter
Person
Are they an increase of the percentage of recipients requiring protection supervision? As the agenda also knows, the counties conduct assessments using standardized and state provided tools.
- Juwan Trotter
Person
And they have limited control over how to apply those. So and because so because of this, we remain unclear about the level of control counties have over the number of authorized hours per case that they approve or if statewide average hours per case is even the best metric for determining
- Juwan Trotter
Person
whether IHS' hours are being accurately assessed by the counties. Second, under this proposal, should the statewide authorized hours per case exceed the determined baseline, the cost of that gross will be shifted to the counties in proportion to a county share of the IHSS total caseload.
- Juwan Trotter
Person
And will not be based on an individual's county's average authorized hours per case. Because of this, under this proposal, counties will have little ability to control their potential growth and costs as the cost will increase even if their own average hours do not.
- Juwan Trotter
Person
Third, for over ten years, county share of costs and IHS has been set by a maintenance of effort primarily that primarily grows annually by an inflation factor. This proposal would potentially increase county share of costs and IHS above this MOE.
- Juwan Trotter
Person
And this MOE that, agreement that was originally agreed upon by both the state and the counties. If there are concerns about how non federal IHSS costs, are shared between the state and the counties, the legislature may want to consider if the current MOE is still working as intended.
- Juwan Trotter
Person
And if the current MOE is not working as intended, the legislature may want to consider making adjustments to current MOE rather than shifting cost to counties outside of the MOE.
- Juwan Trotter
Person
Lastly, the administration has made it clear that counties would only take on additional costs if the statewide average hours per case is above determined baseline and the counties would only be responsible for the cost associated with any growth in hours above that baseline.
- Juwan Trotter
Person
The administration has also noted that this baseline may be adjusted year to year to account for kind of a natural growth in statewide hours per case.
- Juwan Trotter
Person
However, because this hours per case baseline is yet to be determined and may shift year to year, it does remain unclear what the total amount of costs, if any, that will be shifted to the counties.
- Juwan Trotter
Person
And it also remains unclear what the what the amount of general fund savings will be as a result of this proposal, particularly when we're estimating kind of the potential savings in the out years.
- Juwan Trotter
Person
So ultimately, with all that being said, this proposal is not set to take effect until fiscal year 2027-28, meaning that as the administration noted, the 2026-27 budget does not assume any savings for this proposal.
- Juwan Trotter
Person
As such, legislation may, does have additional time to, gain some additional clarity about first, how this proposal will work in practice.
- Juwan Trotter
Person
Second, if the administration has considered other options to address this increased, number of hours that we've seen including if the assessment tools themselves or the state's oversight of these tools should be reevaluated.
- Juwan Trotter
Person
And three, further consider, how this proposal will impact the counties and the overall MOE.
- Caroline Menjivar
Legislator
Thank you so much for that. I would like to turn over to CWDA with Carlos.
- Carlos Marquez
Person
Yep. Good morning. Carlos Marquez on behalf of the County Welfare Directors Association. First, thank you, Chair Menjivar and Senate leadership for, your proposed rejection of, the administration's, IHSS proposals. CWCA CWDA shares in strong opposition to shifting additional IHSS cost count to counties.
- Carlos Marquez
Person
The administration's latest IHSS cost shift proposal is based on a flawed assumption that counties are inappropriately authorizing IHSS service hours and that there are adequate local resources for counties to bear a higher burden of costs in the program.
- Carlos Marquez
Person
Regarding regarding county assessments, our county social workers use state designed and state mandated assessment tools. These tools have been in place for twenty years, were independently validated, and are enforced through rigorous state driven quality assurance processes,
- Carlos Marquez
Person
including case reviews, home visits, and on-site monitoring. At no point has the state notified us about systemic, concerns of misuse of these tools so that we maintain these tools are being used appropriately and as intended as, to assess service hours.
- Carlos Marquez
Person
We appreciate the recent LAO analysis of IHSS cost drivers since 2019-20, which highlighted that the number one cost driver in the IHSS program is an increase of eligible individuals served by the program.
- Carlos Marquez
Person
That eligibility process is informed by licensed health care practitioners who certify consumer need on a state required form. According to the LAO, the growth in hours per case only accounted for 10% of the cost increase in IHSS.
- Carlos Marquez
Person
That 10% is not surprising given the growth in the aging population. As IHSS consumers age, of course, their service needs naturally increase, and the assessment tool allows for this flexibility.
- Carlos Marquez
Person
Individuals living in rural counties are especially reliant on IHSS services because they have fewer other home and community based services to meet their needs.
- Carlos Marquez
Person
Penalizing counties for statewide growth, particularly when the growth reflects demographic realities, risk destabilizing access to care in regions with fewer alternatives.
- Carlos Marquez
Person
Under this proposal, counties would be required to pay for statewide growth regardless of their own authorization patterns, as the LAO pointed out, leaving them with little to no control over IHSS costs.
- Carlos Marquez
Person
This proposal undermines the core fiscal structure established in the 2019 IHSS MOE agreement when the state itself recognized that counties lacked control over many of the decisions that drive IHSS costs and warned back then that shifting additional cost to counties would inevitably
- Carlos Marquez
Person
force cuts to other health and human services programs. These conditions remain true today. In closing, we respectfully urge the administration, to engage with counties in a thoughtful root cause analysis that preserves this critical program.
- Tiffany Whiten
Person
Madam Chair, Tiffany Whiten with SEIU California on behalf of over 750,000 workers. We have the honor and the privilege to represent both county workers that administer the IHSS program as well as over 400,000 IHSS providers, which gives us the unique position to speak to the impacts
- Tiffany Whiten
Person
of the governor's proposal from both perspectives. The governor's proposal to shift cost to counties would have far reaching negative consequences for both county systems and the workforce that sustains them.
- Tiffany Whiten
Person
From the county workforce perspective, this proposal implies that increases in authorized hours are a result of county error. That framing overlooks a critical reality.
- Tiffany Whiten
Person
Social workers rely on assessment tools developed and mandated by the state. If there are concerns about rising hours, the appropriate response is to examine whether those tools remain accurate and relevant and if the current MOE remains appropriate.
- Tiffany Whiten
Person
Assigning blame to workers and counties without a full evaluation is not only misguided, it dismisses the very real challenges counties face and the evolving needs to the people that they serve. Shifting cost to counties does nothing to improve the accuracy of assessment tools.
- Tiffany Whiten
Person
Instead, it implies significant fiscal strain making it exceedingly difficult for counties to administer not only the IHSS program but also the broader network of safety net services that communities depend on.
- Tiffany Whiten
Person
The likely downstream effects is a harmful 1. Creating incentives to reduce authorized hours which in turn may drive increased reliance on emergency rooms and nursing homes. Individuals will still need care.
- Tiffany Whiten
Person
If it is not provided in the home, it will be delivered in a far more costly and less appropriate setting. This proposal also comes on top of existing pressures which we've heard including the implementation and challenges associated with HR 1 and last year's full CFCO cost shift.
- Tiffany Whiten
Person
Counties are already stretched thin. They are not adequately resourced to absorb additional financial responsibility nor are they sufficiently staffed to administer the IHSS program at the levels required. The result will be felt not just in budgets but in the lives of the people who depend on these services.
- Tiffany Whiten
Person
What's more concerning is that at a time when our Federal Government is challenging the very existence of the IHSS program, the state's response is how great the program is yet they propose to balance the state's budget on the backs of counties,
- Tiffany Whiten
Person
the workers and the IHSS provider seems like every year. From the IHSS provider perspective, the proposal further complicates an already difficult landscape for collective bargaining.
- Tiffany Whiten
Person
Counties are responsible for 35% of the non federal share of wages and benefit increases. And many have struggled to reach agreements even under current conditions.
- Tiffany Whiten
Person
Adding new fiscal burdens with only, will only make negotiations more difficult and may embolden counties like Siskiyou that have historically failed to reach agreements continue doing so.
- Tiffany Whiten
Person
This runs counter to our ongoing efforts to stabilize the workforce through more consistent statewide bargaining structures. At the time At the same time, the pressures to reduce hours will directly impact providers.
- Tiffany Whiten
Person
Many will continue to care for their consumers regardless of reduced out authorized hours, often without pay. Because the needs are immediate and in some cases, a matter of life or death.
- Tiffany Whiten
Person
This dynamic will place a burden on a workforce that is already under compensated and over extended. Thank you, sir. And finally, the governor's proposal, reflects a broader and troubling pattern.
- Tiffany Whiten
Person
At a time when federal policies are placed in increased rate on states, California should stop the cycle of cutting critical services under the guise of cost savings. Thank you. Thank you so much.
- Michelle Rousey
Person
Thank you. Okay. Alright. Welcome and thank you for having me here today. My name is Michelle Rousey.
- Michelle Rousey
Person
I live in Oakland, California. I use IHSS everyday. The program works for me. I've been on it since like 1992. Before that, I was a a worker with a quadriplegic and a cell under the IHSS program in the late eighties.
- Michelle Rousey
Person
I for me, the care I get under IHSS looks like six to seven hours per day of care in my home, which is not full care in any means. It does meet my needs minimally. Very minimally.
- Michelle Rousey
Person
Personal care, bathing, cleaning me cleaning my home, doing laundry, cooking, shopping, medical appointments. Everything most of us do for ourselves that I cannot do for myself anymore.
- Michelle Rousey
Person
Not by choice. If I could do these things on my own, I would. With IHSS, I can live independently in my own home. I with without this care, I'd be in an institution and or hospital setting for my care. That would cost the state much more.
- Michelle Rousey
Person
And it would be terrible to live in a nursing home and or hospital. I've done it before. As in nine months in a hospital slash rehab when I was 18. So I know what that looks like. I know that's not an option.
- Michelle Rousey
Person
It's not an option for many of us. Not only that, the cost is horrendous. I lost some of my care for life because of it, because my insurance covered it. Now I don't have that insurance. So IHSS under Medi Cal is my option.
- Michelle Rousey
Person
And for many of us, it is. I'm on oxygen. I'm on a respirator. I use a power wheelchair to move around. IHSS made it so I receive my care in a manner that is respectful of my understanding of my needs and that I deserve care to maintain life.
- Michelle Rousey
Person
I've been on IHSS since early nineties, as I stated. And I have watched and been part of IHSS policy changes and part of advocacy around the program for most of my adult life. I'm 55 now, and I've seen how IHSS has enhanced my life, but I also it has also made me worry yearly of pending
- Michelle Rousey
Person
cuts to the program. It scares the DBs out of me. I'm sorry. Yearly having to come and fight to make sure that we have the care that we need. This program should not be optional. I'm gonna say that again. It should not be optional. It is a vital program for most of us who use it.
- Michelle Rousey
Person
When IHS hours change, that makes things harder for me right now. My needs have not changed, but the hours today are less than they were a few months ago. Talk about the evaluations and and how they're based on our need.
- Michelle Rousey
Person
And if our need hasn't changed, then our hours shouldn't change. That's not true. Because the pending cuts, when a social worker comes in and sees you, they don't necessarily see that your needs haven't changed even though you tell them my needs have changed for the worst.
- Michelle Rousey
Person
I need more care and I have pending issues that I need more care, but then I'm cut, turned out a cut days later. So, you know, there's high caseloads for the workers. I get it. And I get it that this state needs to cut back on things. But it hurts. It hurts a lot of us.
- Michelle Rousey
Person
And it hurts where the most worldable should not have to buffer these cuts every year. I'm an advocate, and I know how to talk and get my needs met with my case worker. But I worry the large case loads of system. It wants cuts to IHSS's hours, like mine must be reduced and and be reduced.
- Michelle Rousey
Person
And it's not just me. California has a growing aging community and people with disabilities too. We're we're everywhere there's gonna be a tsunami of seniors. And what are we doing to prepare for it except for cutting the programs that they're gonna very much need and to have in place.
- Michelle Rousey
Person
And it just doesn't make sense anymore. We need to improve the programs. We need to enhance the program.
- Michelle Rousey
Person
Yeah. Sorry. I'll go ahead and give a second about that. I respectfully urge you to reject any proposal for the 2026 cuts to the California Support Services IHSS program. Instead, strengthen, enhance, and expand this essential lifeline for seniors and people with disabilities. IHSS is a vital program.
- Michelle Rousey
Person
It's not an optional program for those who use it. And I challenge you, care and others here. There's a large group of consumers and providers who have put in statements to your hearing.
- Hagar Dickman
Person
Good morning. My name is Hagar Dickman of Justice and Aging. IHSS is more than a personal care program. It ensures the civil rights of the 900,000 Californians who use it by enabling them to direct their own care in their homes instead of living in institutions.
- Hagar Dickman
Person
Without IHSS, California cannot meet its obligation under the Olmstead Supreme Court case that mandates that states avoid unnecessary institutionalization. And IHSS saves the state money because as the PHCS recently acknowledged, it prevents far more expensive institutional care.
- Hagar Dickman
Person
IHS costs $30,000 per year compared to a $137,000 for nursing homes, and that's a saving of more than a $100,000 per person per year. With California's aging population increasing, IHSS has grown to meet that need. And DHCS put it plainly, IHSS growth represents fiscal prudence, not excess.
- Hagar Dickman
Person
The cost shift proposal is a wolf in sheep's clothing, undermining access to the very program that saves the state money, keeps people safe at home, and meets an aging population's growing needs.
- Hagar Dickman
Person
It claims to incentivize better assessments, yet the administration has offered no evidence that rising hours reflect poor assessments rather than rising needs.
- Hagar Dickman
Person
And its current implementing language removes any connection between county assessment performance and county costs by spreading the cost of the proposal across all counties, which is counter to the stated goal.
- Hagar Dickman
Person
The proposal also grants the Department of Social Services broad authority to reset the state's IHSS fiscal baseline each year without transparent data, without clear benchmarks, and without legislative oversight.
- Hagar Dickman
Person
In practice, it shifts the state's responsibility for a statewide Medi Cal program onto counties, incentivizing counties to cut services and ultimately shifts the burden of a balanced budget onto older adults and people with disabilities.
- Hagar Dickman
Person
At the center of the proposal is a statewide average benchmark that is neither meaningful nor fair. It is a statistical artifact. Based on county demographic makeup, it's just as likely that counties who allocate hours below the state average are under assessing IHSS need,
- Hagar Dickman
Person
and counties with higher averages are not overserving but actually meeting needs. For example, several counties at the high end of hours per case averages have more than 40 of IHSS recipients over the age of 65.
- Hagar Dickman
Person
Under recently updated trailer bill language, all counties would share the burden of that cost. It's an incentive for all counties regardless of where they fall on our allocation spectrum to cut hours. The burden of this proposal will fall on those least able to navigate the system.
- Hagar Dickman
Person
When hours are under assessed, that means a person doesn't get the care they need, like help with getting dressed or go or getting out of bed or going to the bathroom.
- Hagar Dickman
Person
It means going without a cooked meal because someone isn't there to cook it or trash piling up because someone isn't there to take it out. Older adults with the dementia will lose protective supervision that keeps them safe at home, leading to more hospitalizations, injuries, and institutionalization.
- Hagar Dickman
Person
The California family caregivers who provide $81 billion in unpaid care annually will be forced to sacrifice even more or institutionalized loved ones.
- Hagar Dickman
Person
And aging IHSS consumers will lose the support that stabilizes their housing, worsening a crisis in which older adults are the fastest growing segment of California's homeless population.
- Hagar Dickman
Person
This proposal will result in more institutionalization, more older adult homelessness, and higher costs, not fiscal responsibility. For these reasons, we urge you to reject this proposal.
- Caroline Menjivar
Legislator
Thank you so much. Oh, wait. Department of Finance. I mean, look at this crowd. I mean, I don't know why we do this to ourselves.
- Caroline Menjivar
Legislator
It's I think, you know, as we're balancing the budget, we we continue to ask, the same recipients, providers to come up every single year and fight for fight for their services.
- Caroline Menjivar
Legislator
And while sub three kind of, kind of fared a little better this year than last year. There's still some really drastic proposals in here. And I think for me in particular, I always say like, we don't make billionaires come up here. We don't make corporations come up here and beg us not to cut stuff.
- Caroline Menjivar
Legislator
And we always make the same people come up over and over again just to beg us to not cut their services. So if there's a way to avoid this moving forward, I would love to never see them ever again. Okay. Let's jump into it. I have a lot of questions here.
- Caroline Menjivar
Legislator
You can imagine. Department of Finance, I'll start with you. If you can help me understand, there's no established baseline yet. However, there's already a savings to it. So we must have already established a baseline to calculate the savings.
- Kia Cha
Person
Kia Cha, Department of Finance. So the savings as estimate is point in time, and it was based on holding 26-27 hours flat. However, subsequent to the to, you know, January 10, we did finalize the trailer bill language, which included resetting the baseline annually.
- Kia Cha
Person
So this allows for some room for, for growth consistent with changing conditions and needs.
- Kia Cha
Person
And, as with any other governor's budget local assistance estimate, we continue to look at this, in the spring and consider any changes as part of the May revision.
- Caroline Menjivar
Legislator
The you kind of alluded to it. But the director mentioned that there's gonna be ability for flexibility for potential growth as you have conversations with the county. But the savings grows upwards to $800,000,000. So how do you have upwards growth in savings but allow for flexibility in growth?
- Caroline Menjivar
Legislator
So our as I mentioned, our original estimate was point in time. It was before we finalized the trailer by language as well. So we're going we're we're looking at that. So don't look at the savings right now?
- Kia Cha
Person
Yeah. So we're we're continuing to look at that, as part of the May revision.
- Caroline Menjivar
Legislator
So you don't have right now, the 200 whatever $230,000,000 savings goes to 800,000,000. Ignore those numbers right now?
- Kia Cha
Person
Yeah. Because I think those for a point in time, they don't reflect this annual resetting of the baseline which is is gonna, reduce some of those savings.
- Caroline Menjivar
Legislator
Okay. So in the May revise, you're gonna have updated numbers of the potential reduce in savings if we're gonna allow flexibility for growth?
- Kia Cha
Person
Yeah. I think we've been considering that as part of our, you know, review of the local assistance estimates as part of the May revision process.
- Caroline Menjivar
Legislator
Okay. Director, what I heard and what I've read is the goal, two part on the first question. The goal is, you mentioned to more adequately assign hours to recipients. But we're not changing the tools utilized to assigned hours. And while you've mentioned the FI scores stay the same, same, the HTGs increase.
- Caroline Menjivar
Legislator
But we allow the current tools allow for flexibility. So within that structure itself, the increases aren't violating the structure itself. So how how have we determined that they're inadequately assigning hours if the base is what I'm hearing is HTG is increasing FIs aren't, but that's allowed.
- Jennifer Troia
Person
I do wanna be careful to say like, we are offering those observations about the differences in the growth and trends. We also do work really closely with the counties to try to provide that training and technical assistance about how to use the tools.
- Jennifer Troia
Person
We are not necessarily, making a judgment on the outcomes that are existing now so much as observing that a change in the cost sharing may also change the incentive for counties to utilize those tools with Fidelity.
- Jennifer Troia
Person
As it stands now, they don't have a share of the cost as a result of the hourly test guidelines. So I I don't want to conflate our observations about the trends and the facts of sort of where they have gone and the need for accuracy with an accusation that something is wrong in how it's happening now.
- Caroline Menjivar
Legislator
But even in that incentive alone is not a true incentive. Because take for example, LA County, they're they disproportionately have a higher number of cases. If by some miracle they meet the whatever established baseline, they still will have an increased cost of share.
- Caroline Menjivar
Legislator
But the whole goal is to make them fall within that under baseline. So even if they need it, there what incentive do they have? Why should they need if they're still gonna have to pay more?
- Jennifer Troia
Person
I think our, and and finance may wanna add to this. But I think our, decision to make sure that all counties share in the cost is because we we are attempting to avoid what has been raised about the idea that people may be eligible for hours,
- Jennifer Troia
Person
but there could be an incentive not to provide them. We are not trying to change the eligibility for hours that individuals have. And so the outcome of that could vary in different counties depending on the needs of their population.
- Jennifer Troia
Person
And so we don't want to create we don't want to swing the pendulum so far that we've created a circumstance in which counties are incentivized to perhaps not provide those hours.
- Jennifer Troia
Person
What we are hoping is that it is an incentive to, use the guidelines accurately. We recognize that there is a cost shift inherent in this proposal if the growth continues. And that I would
- Jennifer Troia
Person
of finance about that. But I do want to say like it's not that we're assuming that the growth will automatically go away and there will be no increases in hours. It is a change in the cost sharing between the state and the counties.
- Caroline Menjivar
Legislator
But if counties, and I'll come back to you Carlos right now if you prepare it. But if counties, they're if they don't have the money for it, they're gonna have they're gonna wanna stay within the baseline. The statewide established baseline to be able to pay for other human services.
- Caroline Menjivar
Legislator
I mean, this is about 85% if I'm not mistaken of their entire realignment funds. And the rest is left for CalFresh or whatever.
- Caroline Menjivar
Legislator
That's a huge chunk already. I don't understand in the carrot and the stick situation, there's no there's no there's no incentive department of finance. There's no true incentive. It's a cost shift. Great.
- Caroline Menjivar
Legislator
Not great but sure. It's a cost shift to the counties. But hey counties, only if it grows, it's a cost shift. If you maintain and you meet this number, you don't grow. But now we're adding into a group project that if I do great in my group project, other people don't do great, I still have to pay for them.
- Caroline Menjivar
Legislator
I think I need a little bit more explanation of that second point to this incentive approach.
- Unidentified Speaker
Person
Department of Finance. As the Director mentioned, really, it is around a focus on the accuracy of assessments and ensuring that we're not creating negative incentives as has been raised for any particular county.
- Unidentified Speaker
Person
I think it also reflects an acknowledgment that characteristics of recipients sort of may differ. They're not sort of equally distributed. So there may be counties that have, a much older population with more severe needs.
- Unidentified Speaker
Person
And so looking at all counties as a whole and looking at sort of a statewide baseline, is our effort to ensure that those, negative implications sort of do do not take place.
- Caroline Menjivar
Legislator
Okay. Stick around with this if you can. Carlos, what are what are counties gonna do if they don't have the money to pay for the extra hours?
- Carlos Marquez
Person
Well, first, I think it's important to just, I think, level set that the way that our social workers are trained to use the tools and the assessments today that we've been using for two decades, are really under the auspices of the state. So state runs the training academy.
- Carlos Marquez
Person
The state joins us in the site visits and and the case reviews. So the idea that the state isn't participating in the ways in which social workers conduct their work when it comes to the utilization of these tools, It's thought that's not accurate in terms of how it works on the ground.
- Carlos Marquez
Person
But we know what would happen if this cost shift were to be enacted because before the most recent MOE, we were sort of at crisis proportion.
- Carlos Marquez
Person
This is why the state had to to change the MOE cost share in the first place because bargain collective bargaining and wage increases essentially stalled because the state essentially had to bail out other health and human service programs that were being
- Carlos Marquez
Person
encroached upon by run runaway IHSS costs. So if that situation were to persist, we think it's untenable. And we do think it leads to perverse incentives to artificially restrict very needed hours.
- Caroline Menjivar
Legislator
And look at this. I get the explanation as to a statewide. And when we come up with the baseline, maybe due to director, if we come up with a baseline, is that gonna take into consideration the different needs across the state for the actual baseline?
- Unidentified Speaker
Person
That's certainly our intention. I think that's why we have a BY1 implementation. So we can continue to have conversations with the legislature and counties around implementation because we realize that the specifics of that will be really important.
- Caroline Menjivar
Legislator
These tools aren't being touched at all, Director. At all.
- Caroline Menjivar
Legislator
If the I don't that I'm struggling to understand why the tools that are causing the the heartburn in the department and department of finance are not being addressed if that's the root of how we've got here. Why is there no proposal for FIFIs and HTGs to change? Deputy Director?
- Leora Filosena
Person
Thank you for the question, Leora Filosena, Deputy Director of Adult Programs. So I think with this proposal, the budget year plus one implementation really require will require us to do some policy work with the counties. Looking at those tools are definitely not off the table.
- Leora Filosena
Person
I think it's something that we can definitely talk about with our with the counties and CWDA. We have put resources.
- Leora Filosena
Person
So we did just a few years back to refresh training for all social workers. We required all social workers to go back through, refresh training. We've put a lot of resources into quality assurance monitoring, those kinds of things that provide technical assistance for counties.
- Leora Filosena
Person
So this is not something that we have not identified in the past. We, that refresh training required every single social worker, social worker supervisor, program manager, QA staff, as well as their, hearing staff to go through that training with us.
- Leora Filosena
Person
It was a eight hour training, that we worked with them to reinforce the importance of FI scores and ranking ranking and using the hourly task guidelines because we have seen that the FI ranking has remained flat for a long time. And but the hours keep increasing.
- Leora Filosena
Person
So I But maybe we should remove the range of hours per each FI. Well, it's something well, we would have to have that conversation. Right?
- Leora Filosena
Person
We don't have a proposal currently for any of that but not saying that policy changes are not necessary to implement this proposal should it move forward.
- Caroline Menjivar
Legislator
And to SEIU's point, I would like to know, have we seen violations in how a social worker is calculating the hours? Are they going outside of the range per each FI?
- Leora Filosena
Person
Yes. So quote the quality assurance monitoring both at the county level and at the state level find that a lot of assessments need to be recalibrated.
- Leora Filosena
Person
There are errors there. Sometimes it's just documentation like the the FI rank is correct, but the documentation doesn't substantiate it.
- Leora Filosena
Person
But other times, we do find that there are errors in those rankings and the and the hours that are being authorized. And the counties do go back and fix those assessments. So we do see that as part of a regular process.
- Caroline Menjivar
Legislator
So there are get going back and getting fixed? Yes. And then the department states that this is not in violation, not violation, this isn't touching the MOE.
- Caroline Menjivar
Legislator
I'd like a little bit more justification how the department feels that this isn't touching the MOE but this will go above the 1,600,000 required, payment from counties with a 4% increase. This is gonna go above that 4% increase.
- Caroline Menjivar
Legislator
How then do you stand and say that this isn't touching the MOE whatsoever?
- Unidentified Speaker
Person
So there's no proposal from the administration to sort of modify any of the legislation associated with the MOE. As we've noted before, with the implementation sort of of the TBL as we've put forward in in February, the idea is sort of set a baseline and allow for growth.
- Unidentified Speaker
Person
So to the extent that counties would bear any cost, it would depend on the extent to which they are sort of over that sort of annually resetting baseline. So we do sort of see this as separate. And again, not
- Caroline Menjivar
Legislator
But even if they don't go over, Lourdes, even though if they don't go over, they're gonna have to pay more. I mean, it's not only if they go over. They can be under and they're gonna pay more. So I don't think we can say that only if they go over, they're gonna pay more.
- Caroline Menjivar
Legislator
The cost shift across all states is gonna be proportional. So I mean, LA, regardless of whatever happens, will always pay more.
- Unidentified Speaker
Person
If on a statewide basis, we are sort of above that baseline.
- Caroline Menjivar
Legislator
Even if even if a specific county is not above that baseline, they will pay more if other counties are above it because that will be distributed across all the counties.
- Unidentified Speaker
Person
That's correct. It's not sort of certain though that all counties sort of as a whole would be above the base line. That would depend on sort of how that process is set. If counties are sort of below the base line, then the state would continue to bear those costs.
- Caroline Menjivar
Legislator
That would then say that, counties would then have to determine. By that, that would mean that services would get cut. Because going above the baseline doesn't mean that it's an excess or it's inadequate or it sorry, it's inadequately, assigning hours.
- Caroline Menjivar
Legislator
It just means that a person needs more hours and we're cutting the hours. But the thing and I've said I'm a broken horse here, broken record here, is the the Federal Government incentivized states to take on the state costs.
- Caroline Menjivar
Legislator
That we were incentivized, with refugee's cut those being cut, HR stuff. We were incentivized. They're like, you take it on. You take it on. And we didn't take on a single one of them and we actually cut the services.
- Caroline Menjivar
Legislator
So I'm assuming, because we cut the services and we're doing this to the county, the counties are gonna cut the services as well. If we don't have the funding for it, counties don't have the funding for it. The services will get cut with IHSS.
- Caroline Menjivar
Legislator
If hours were cut with IHSS and even to where, the growth is, we're seeing a lot of the growth in minors with autism and IDD. It's mostly in case growth versus case hours.
- Caroline Menjivar
Legislator
I'm wondering if hours are limited by the county, which I anticipate they would have to be even though no one wants that and maybe counties won't say it out loud.
- Caroline Menjivar
Legislator
If hours are limited for the IDD population, given that it's an entitlement, they're now gonna have to go to pair of their last resort, which is the regional centers. And by default, the state is now gonna have to pay for it.
- Caroline Menjivar
Legislator
So in the savings that we're accounting for, are we accounting for the fact that most of the people here that are gonna be cut are IDD people who are entitled regardless. And now instead of social services paying it, DDS is now gonna have to pay it and the state is still paying for it.
- Unidentified Speaker
Person
As noted by the department in their opening comments, there's no, change to the entitlement nature. So if an individual is deemed eligible, they will continue to remain eligible for the hours that they are authorized.
- Caroline Menjivar
Legislator
I definitely know that. We can't I know we can't touch that. But because of that, are we accounting that all those people can't be counted as a savings? Because regardless if they go up or down, they're still entitled to those hours.
- Unidentified Speaker
Person
We're sort of not scoring any sort of offsetting changes because we're not foreseen in our proposal to sort of impact the number of hours that an individual is eligible for.
- Caroline Menjivar
Legislator
So this is an assumption that the all the hours that everybody has right now is gonna be completely absorbed by the county and no one's gonna decrease hours. That's a comp
- Unidentified Speaker
Person
We're holding sort of we're we're holding costs For hours as they sort of stand now. Yeah. And so the state will sort of continue to pay their share.
- Unidentified Speaker
Person
And on a go forward basis, it's really around growth above the baseline that sort of we understand will require work to identify as we move forward if this were to move forward.
- Caroline Menjivar
Legislator
CWDA, do you have the capacity to absorb every single status quo hours that are being paid right now?
- Carlos Marquez
Person
Absolutely not. No. Especially when and again, I think the questions around what the ultimate baseline will look like and above that baseline, what our liability will will ultimately be that we would have to bear.
- Carlos Marquez
Person
The only numbers that we have to go off of today is growth or potential savings up to 800,000,000. And we know that that's absolutely untenable.
- Carlos Marquez
Person
We also know that within our realignment funds, we haven't seen any actual growth in in the revenue that that funds our social service sub account for the last two years.
- Carlos Marquez
Person
So that's flat. We also have to contend with the fact that CalFresh administration is increasing, and that's also a realigned program. So all part of the same pie. Not to say anything about, behavioral health and public health.
- Caroline Menjivar
Legislator
How would this one thing. It's a little difficult. You know, Deputy Director, you said that readjusting the tools is not off the table. But legislators are being asked to vote on a TBL without that really said inside.
- Caroline Menjivar
Legislator
That's not part of the language or anything sharing that we're gonna be in conversation with the baseline. The baseline's not even, you know, defined in this TBL whatsoever.
- Caroline Menjivar
Legislator
It feels like, it sounds like, especially since this is a 07/01/2027 proposal, that more time is needed to actually have the conversations with the stakeholders on first coming to the legislature with an actual baseline and coming to the legislature on actual tools on how we can
- Caroline Menjivar
Legislator
change the tools that come up with these hours and so forth.
- Caroline Menjivar
Legislator
And then my other question is, given that this is about like a really small percentage of the actual growth of IHSS. I mean, growth cases as a whole is is what's really driving the cost to IHSS. This is a really, really tiny, tiny part of it.
- Caroline Menjivar
Legislator
Are we trying to get at I mean, what are we I didn't I guess I didn't really understand is like, HSS is growing, yes. But this isn't the driving factor for it. Is it that this is just the the only way we can do some cuts since we can't cut people from being eligible for HSS?
- Unidentified Speaker
Person
As I said previously, the vision here is really around accuracy and Fidelity, and consistency across the state for the assessments. As we continue to have sort of broader conversations with the legislature about the overall general condition and efforts to address that.
- Unidentified Speaker
Person
We look forward to continued conversations on options to achieve those goals on budget resiliency moving forward.
- Caroline Menjivar
Legislator
Deputy Director, what can you share that would be considered in the baseline? In establishing the baseline?
- Leora Filosena
Person
With regards to the work with the counties, sure. So I would not knowing how that process would necessarily work, we would look at the data across the program, what the hours are currently, what they are per case, and, come up with some type of methodology with the
- Leora Filosena
Person
counties to determine what that baseline would be. And then probably figure out together with everybody else about the any type of growth factor or whatnot as in the out years that would be all part of that conversation.
- Caroline Menjivar
Legislator
Are there any parameters you're already thinking about to include into consideration?
- Leora Filosena
Person
Currently, no. We bake we do a basic calculation today. So when you see us put out average authorized hours per case, we're lit it's just a math exercise. Right? So it's that number of hours divided by the number of people and that gets your average.
- Leora Filosena
Person
I do anticipate that this will be, a bit different considering we need to provide flexibility. We need to ensure people get the serve the services that they need. We also need to also provide flexibility for our counties as well.
- Caroline Menjivar
Legislator
And obviously, we know that the Senate plan has already proposed to reject this and I know negotiations are still happening. But this trailer boat doesn't go into effect now. It's missing a lot of information.
- Caroline Menjivar
Legislator
I would prefer and as you know, the Senate plan would prefer if there needs to be a change that stakeholders have those conversations first and come back to the legislature with an actual detailed plan. There's so many unknowns in this proposal.
- Caroline Menjivar
Legislator
Like I mentioned, it's a MOE. So we're looking at the MOE consideration of that. This has been in place since 2019. The MOE has been in place in 2019 and a lot has changed with that. I recognize that the state has less support from the Federal Government.
- Caroline Menjivar
Legislator
I do recognize that that maybe, you know, everybody has to step a little bit, step up a little bit. But I think this is a side step and I think it's just a unfun creative way to get around the MOE without actually looking at the MOE and establishing and both parties are unhappy about it.
- Caroline Menjivar
Legislator
I do recognize that that maybe, you know, everybody has to step a little bit, step up a little bit. But I think this is a side step and I think it's just a unfun creative way to get around the MOE without actually looking at the MOE and establishing and both parties are unhappy about it.
- Caroline Menjivar
Legislator
Okay. And then just, just to clarify, because I'm still stuck on the 800,000,000 potential savings and so forth. In May, we'll have more of an accurate number of the potential savings here.
- Unidentified Speaker
Person
Pardon me? Yeah. It's noted by my colleague. I think we sort of are looking at updated sort of fiscals that would be sort of true to the language put forward in the TBL. Okay.
- Caroline Menjivar
Legislator
Okay. Okay. Justice in Aging, I know I cut you off a little bit. I just wanted to see if there's anything else after these questions that were asked that you'd like to add here.
- Hagar Dickman
Person
I think our main concern from Justice in Aging is this narrative around incentivizing accurate assessments that are really within the parameters of the current tool being used.
- Hagar Dickman
Person
It sounds like the state already has a way of reviewing accuracy of those assessments, and they should be continuing doing those reviews for accuracy and ensuring that when a person gets assessed for hours, they're able to access those hours.
- Hagar Dickman
Person
The impact on older adults is particularly severe for this proposal, because any sort of incentivized cutting in hours is going to be mostly falling on older adults, particularly because they don't have any sort of other backup system that can catch them, like the IDD regional center system.
- Hagar Dickman
Person
Yes. So, yes. Because there's no other place for them to go. So there's going to be an increased utilization of both hospitals and nursing facilities when those nursing facilities are available. Okay.
- Caroline Menjivar
Legislator
Okay. That's on the first issue. Director, if you can give the proposal on the second one.
- Jennifer Troia
Person
The second proposal that the agenda highlights in the governor's budget is to eliminate the In-Home Supportive Services backup provider system.
- Jennifer Troia
Person
This backup provider system, this permanent statewide one, was established in 2022 as a replacement for a temporary system, which we had created during the COVID-19 pandemic.
- Jennifer Troia
Person
The intent is to allow eligible recipients to receive up to eighty hours of backup services per year, with the option to grant an additional eighty hours in very exceptional circumstances.
- Jennifer Troia
Person
To qualify, an IHSS recipient must have an immediate need that cannot be delayed without jeopardizing their health or safety, or risking the need for emergency services or out-of-home placement.
- Jennifer Troia
Person
The governor's budget proposes to reduce general fund costs by 3 and a half million dollars by eliminating this system beginning in 2026-27.
- Jennifer Troia
Person
Program data shows that the backup provider system is significantly underutilized. Although requests for backup providers and utilization of enhanced funding were expected to grow as counties implemented their systems, that growth has not occurred.
- Jennifer Troia
Person
In addition, administrative costs far exceed the actual cost of services. We estimated the associated general fund savings by projecting the cost that would have been incurred had the program remained in place.
- Jennifer Troia
Person
The projections include both services and administration costs, and assume consistent year-over-year growth comparable to other IHSS programs.
- Jennifer Troia
Person
The estimated savings really reflect the elimination of the projected program and admin costs resulting from the elimination of the program. You asked about how the program works today.
- Jennifer Troia
Person
And the answer to that is that IHSS recipients or their authorized representatives can contact their county IHSS office or the public authority when they need a backup provider in insists where their current provider is unavailable for unforeseen reasons or their being
- Jennifer Troia
Person
discharged from the hospital or a nursing facility and they have not had the opportunity to hire a provider.
- Jennifer Troia
Person
Once the county receives the request they try to find a provider to work for the recipient as a backup provider. The backup providers receive $2 an hour in pay differential for providing those backup services.
- Jennifer Troia
Person
It's important to note that this takes extensive effort on the counties and public authority part to undertake to locate a backup provider and that seems to be a significant factor in driving the low utilization.
- Jennifer Troia
Person
You also asked what would be the outcomes of eliminating the system and what options IHSS consumers would have in the absence of the backup provider system.
- Jennifer Troia
Person
Many counties had established backup provider systems before we implemented the statewide program during Covid. Additionally, public authorities have generally provided assistance with locating backup providers for recipients when they reach out.
- Jennifer Troia
Person
Given the low utilization and high administrative costs, eliminating the backup provider system will essentially allow counties to return to using their prior backup systems, many of which existed before that permanent program was implemented.
- Jennifer Troia
Person
Counties without a previous system can hopefully use the existing infrastructure to develop any replacement models that are needed to fit their needs. They could also use contract mode or county home maker mode as alternative ways to Identify needed backup services.
- Juwan Trotter
Person
Juwan Trotter, Legislative Analyst Office. So as was noted by the administration, compared to the initial conception of the backup provider program, this program has not been widely utilized.
- Juwan Trotter
Person
Further, given the current budget challenges facing the state, the legislature may wish to consider the trade-offs associated with this proposal. And to help better consider those trade-offs, the legislature may wish to ask the administration the following questions.
- Juwan Trotter
Person
One, is there a way to reduce administrative cost of of the program while maintaining a version the statewide backup program. And two, as had the administration noted. Many counties have and continue to operate local backup provider program outside the state system.
- Juwan Trotter
Person
So should the legislature choose to accept the governor's proposal you may wish to ask the administration if there are ways to for the sake of kind, better support these local programs.
- Carlos Marquez
Person
Carlos Marquez, on behalf of the County Welfare Directors Association. CWDA supports the Senate's plan to reject the proposed elimination of the IHSS backup provider system, or BUPS.
- Carlos Marquez
Person
The governor's proposal would dismantle a critical safety net for IHSS recipients who rely on uninterrupted care to remain safely in their homes. BUPS exists to prevent dangerous gaps in care when a regular provider is unavailable due to unforeseen circumstances.
- Carlos Marquez
Person
Those with the most complex care needs would be hit hardest, facing increased health risks and avoidable hospitalizations. According to a survey by the California Association of Public Authorities in FY 24-25, more than 4,100 requests were submitted statewide, and nearly 2,500 were successfully filled.
- Carlos Marquez
Person
These numbers are likely understood as data from all 58 counties. This data should be understood as not representing all 58 counties, I should say. The administration has cited low utilization as justification for eliminating BUPS.
- Carlos Marquez
Person
However, county and public authority staff report the utilization challenges are often driven by limited availability of backup providers. Rural communities in particular face significant provider shortages, as well as longer travel distances and wage competition from other sectors.
- Carlos Marquez
Person
As a result, individuals leaving hospitals or skilled nursing facilities in rural areas may lose access to immediate care if no provider can be found on short notice.
- Carlos Marquez
Person
It is also important to note that BUPS funding was already reduced by 3,000,000 general fund in 24-25 to true up funding for program utilization. Rather than eliminating BUPS, CWDA encourages the exploration of targeted improvements to address utilization concerns.
- Hagar Dickman
Person
IHSS consumers rely on their providers to show up to work day in and day out to assist with activities of daily living that we all require to live in our homes.
- Hagar Dickman
Person
When providers are not able to come to work due, for example, to a personal emergency like illness of a child or a spouse, IHSS recipients must scramble to find a backup. When there's no one, IHSS recipients, particularly the many older adult recipients who live alone at home, must go without care.
- Hagar Dickman
Person
Let's be clear about what it means to go without care. For an older adult who is bedbound, this means not being able to use the restroom or have their soiled sheets changed.
- Hagar Dickman
Person
It means going without water or without food. And we know that when people go without their caregiving needs, there are increased risks of harm, higher risk of missed medications, falls, illness, hospitalization, institutional placement, and sometimes death.
- Hagar Dickman
Person
Understanding what is at stake, the backup provider system first became mandatory for counties in 2023, but it can hardly be called a system.
- Hagar Dickman
Person
County public authorities are simply required to provide consumers with a list of registered backup providers, and consumers must call these providers one after another until identifying a provider that is both available and able to provide the needed care tasks.
- Hagar Dickman
Person
Residents in large counties that had backup provider systems prior to 2023 may have better luck, but many simply must go without the care they need.
- Hagar Dickman
Person
So it's no wonder that utilization is currently low. For many, it's simply too challenging to find a provider in this way and on short notice. But low utilization does not reflect the need. Those consumers who manage to use the system often express gratitude for its existence.
- Hagar Dickman
Person
But many consumers consistently speak about frustration about the need for an accessible system and about fear of being without a caregiver. California has taken the first step in 2023 in mandating counties to have backup provider registries.
- Hagar Dickman
Person
Now, a couple of years later, it's time to revisit. Rather than eliminating a faulty but critical system in the face of low utilization, the CDSS and legislature must go back and look at what changes and enhancements must be made to ensure that older adults and people with disabilities who
- Hagar Dickman
Person
rely on IHSS don't have to go without care. We urge you to reject this proposal.
- Caroline Menjivar
Legislator
Thank you. Director, sorry. I have one final question on the other one. On the previous topic we just, do we have any information on any common or demographic commonalities on who has above or below statewide average for hours? Maybe Deputy Director, do we have that?
- Caroline Menjivar
Legislator
More like, is there, are we seeing more above the statewide average in hours for IDD population? Is it for seniors? Is it for adults, IDD, minors?
- Leora Filosena
Person
So minor kids with protective supervision are gonna be on the higher part of the scale. Right? Because they have protective supervision. Same with protective supervision clients. People with high physical needs.
- Leora Filosena
Person
We do see, we have noted across counties, there are lots of counties lower and lots of counties higher than the average authorized hours.
- Leora Filosena
Person
But they have different demographics. So, like in the case of Placer County, their caseload is made up of like 25% of minor children. So their hours are often much, much higher than another county that doesn't have that demographic.
- Leora Filosena
Person
So across counties, the demographics change. Their authorized hours change. The average authorized hours change based on that. But when we look at the state as a whole, we take all of that into consideration and just do one basic calculation.
- Caroline Menjivar
Legislator
Okay So I'm just so struggling with, like, even how do you take that into consideration with the statewide? If, like, I'm struggling to find how we're gonna come up with a good statewide baseline when some counties are so skewed that way. That's
- Leora Filosena
Person
And that's, I think the hope is, working with the county partners should this proposal move forward, that we would want to find some middle ground there that gives them flexibility but also helps get those more accurate assessments. So I think that's really our intent.
- Caroline Menjivar
Legislator
Okay. On the backup provider county, this isn't the first time that the program has come up and shared the underutilization of this program in particular. So this isn't brand new news to us. But since then, nothing has happened, and we continue to have underutilization of these programs.
- Caroline Menjivar
Legislator
I'm wondering what more the county can do, knowing that this is an ongoing issue, because I've sat here on other programs and have judged the departments on why they're asking for more money on admin and not a lot of funds for services.
- Caroline Menjivar
Legislator
This program in particular is 4,200,000 for admin and only 298,000 for services. Really unbalanced. So what has the county done to address the underutilization?
- Carlos Marquez
Person
Well, I appreciate the question. I think we are looking forward to working with the administration to understand at the county level what the expenditure data actually looks like.
- Carlos Marquez
Person
It's a pending request, and I think it's gonna be really instructive for the conversations moving forward in terms of what efficiencies we can help, you know, really spearhead at the county level. But it is important to note that if the BUPS system were to be eliminated today, not every county.
- Carlos Marquez
Person
In fact, the overwhelming majority of counties don't have their own backup provider system, short of just a few large counties.
- Caroline Menjivar
Legislator
And, I'd love, maybe if Justice in Aging, you can answer this question to Michelle. I'm hearing people will call in and they're giving potentially maybe a long list. Like, what is the process when someone calls in?
- Caroline Menjivar
Legislator
And do the counties have an adequate list of people who actually are backup providers that really are working? Because the data shows that most of them go unfulfilled. Michelle, if you can
- Michelle Rousey
Person
I actually was with the IHSS Alameda County advisory board as chair for about 14 years, years ago. And this came up quite a bit, with not being able to have access to the backup providers.
- Michelle Rousey
Person
You show that there's not adequate use of it, and so that's always on the chopping block to be cut. Although, from my experience and my understanding of the program, most consumers don't know it exists.
- Michelle Rousey
Person
And most consumers don't know that they can utilize it when their provider isn't there available. And as far as the lists normally that are provided by the public authority, at least in Alameda County, are normally for new providers to get a new provider for a consumer;
- Michelle Rousey
Person
their lists are given out and not necessarily for backup. In fact, as far as I knew, the backup provider in my county was cut a long time ago. So I don't know if that's true still, but it had been because of underutilization. So, I can't say if that's true today.
- Caroline Menjivar
Legislator
This program has been in effect for about five years, and it's been struggling since. It takes a coalition to do the awareness, and I recognize the Senate plan is rejecting it. But it's still a little hard to justify that given the ongoing underutilization. Is, yes, is it an awareness thing? Yes.
- Caroline Menjivar
Legislator
But it's been five years, and each time that it's proposed for cuts, nothing changes past that. So it can't be just a matter of continuing to fund it and watch it be underutilized without anyone putting actual changes into it. If you can add a little bit more to that.
- Hagar Dickman
Person
Sure. I think we do a lot of consumer education and partner education. We've done education about the backup provider system. But at the end of the day, knowing that there is a backup provider system is a different thing than knowing how to access it.
- Hagar Dickman
Person
Every county is different. Every county has got a different number and a different methodology.
- Hagar Dickman
Person
And I think the biggest difficulty in this backup provider system is how much burden it puts on the consumer in an independent provider system to actually identify and coordinate that care on an emergency, last-minute basis.
- Hagar Dickman
Person
And so the underlying difficulty here is the lack of real case management, identification, and dispatching of a backup provider.
- Hagar Dickman
Person
So I think really rethinking the way this operates in a way that meets that emergency urgent need for the consumer and also the limited capacity that a lot of consumers have and coordinating last minute care. Is going to really improve the program.
- Caroline Menjivar
Legislator
Director and Department of Finance is there a way to keep this program afloat with cutting admin costs?
- Jennifer Troia
Person
So I think we're open to having conversations with the legislature about how to efficiently administer a backup provider system.
- Kia Cha
Person
I think that covers both the county and the public authority admin cost. I don't have details beyond that.
- Leora Filosena
Person
So it covers the cost, and those costs have been subsequently reduced after we did the initial implementation. They've been reduced, so we know that. That covers
- Leora Filosena
Person
No. It is 4.2, but it was something higher before that. It covers the cost for the public authorities and the counties to administer the program, which is the piece of finding a provider, the part of getting somebody enrolled as a provider, as a backup provider.
- Leora Filosena
Person
And also on the county side, the county side does work to hook the provider and the recipient together so that the person can get paid the differential. So that is supposed to cover those costs. Oh.
- Caroline Menjivar
Legislator
But it's not doing that part. Like, the people aren't finding those backup providers for the recipient.
- Leora Filosena
Person
So I can tell you from my own personal experience, because these come to me sometimes when somebody needs a backup provider, and I have to do the work with the county. A lot of times it's when the request comes. So I had one that happened on Christmas Eve.
- Leora Filosena
Person
And that one we could not find. So the county did, in that case, did call every provider themselves, to try to get somebody. They spent hours on it I had called as many people as I could and then I had to actually reach out over because the individual recipient was on a waver.
- Leora Filosena
Person
So we were able to reach out to DHCS and get a contract provider from the waver side to cover the services. That's the kind of difficulties that we have with this program in particular. I think it's that level of effort. I don't think some counties may just be giving lists.
- Leora Filosena
Person
Other counties are trying to call people on the list, but if you get a Christmas Eve, a weekend, a late night, I think that becomes very difficult to find somebody. And I think that's one of the, when we look at this program, how do we resolve that?
- Carlos Marquez
Person
I just wanted to add that I think it's important how we how we define utilization. Because if the calls are being made through the provider list, and these are providers who are specifically able to provide personal care services, and a successful placement isn't made
- Carlos Marquez
Person
because the provider is not available, or the provider is sent out and the consumer has decided for one reason or another that they are not happy with that provider, certainly, the utilization numbers might look low. Right? But the calls were made.
- Carlos Marquez
Person
You know, the registry was accessed and exhausted, and a successful placement was yet not made depending on the timing or the preferences of the consumer, which are critically important because you have to imagine folks are, like, dealing with someone who is
- Carlos Marquez
Person
different from their traditional provider, unless they're leaving the hospital or urgent care or something, in which case they've never had a provider.
- Caroline Menjivar
Legislator
That's a good point. Do we track that? Do we have. I know the utilization tracks the actual fulfillment of it but do we track how many people.
- Leora Filosena
Person
There is no way to track the requests. Only we track when people get paid for backup provider systems, but I do want to make sure there is a difference. Because I know we've gone, we've had conversations in particular with CAPA about the data.
- Leora Filosena
Person
Because counties are using backup provider systems that are outside of this program. So this the state funded backup provider system but other counties like San Francisco. They get, their data is added in sometimes to the numbers and they are actually using a different model.
- Leora Filosena
Person
So they actually use their home bridge contractor to do this work. And so that is outside of, we would not know who those individuals are. It is the same thing with Los Angeles County.
- Leora Filosena
Person
They've had their backup attendant provider program for a long time, much longer than this program has been implemented. So those systems, if that data is being added in here, it's a little, we're not apples to apples.
- Leora Filosena
Person
Right? So for us, I think that's sometimes something that we talk with CAPA and the counties about a bit on the data piece.
- Caroline Menjivar
Legislator
Okay. So we don't know if this is clean data on just our state run. Okay.
- Leora Filosena
Person
Yeah. We know that these are the folks that got paid as a backup provider. We know the hours they were paid, and we know all of that data, but we don't know if that person had made a request, that recipient made a request two or three times before they got a provider.
- Caroline Menjivar
Legislator
Do we know if there's capacity for CAPA, CAPA? CAPA to collect the data of the amount of calls to request this?
- Caroline Menjivar
Legislator
There's someone here in the audience from them. Put them on the spot. Do you have do you have the ability to collect that data? Or do you track that?
- Unidentified Speaker
Person
We track the data. We track 4,100 calls made in fiscal year 24-25. And of those 2,400 or 4,100 calls, the, 2,482, requests were fulfilled. So it's roughly 2,500. So I did surveys more
- Unidentified Speaker
Person
I surveyed each of the public authority directors. Now, there are couple counties that are not members of the, Association of Public Authorities. So I did not receive their information. I'm sure we can reach out to them separately. But we did do, a survey and I have shared, that data.
- Caroline Menjivar
Legislator
We get everyone involved in these conversations. Okay. Thank you, for on that second one. Move on to the third one.
- Unidentified Speaker
Person
The final proposal for this panel's discussion is related to aligning the IHS terminations with Medi Cal Terminations. And you've asked a number of questions about that proposal. The proposal to align those terminations is meant to automate work that counties are currently responsible for performing manually to ensure that IHSS eligibility is tied to medical eligibility. The governor's budget assumes $86,000,000 in general fund reduction as a result of that more consistent alignment of the timing of Medi Cal coverage with IHSS eligibility beginning in 2627.
- Unidentified Speaker
Person
As a foundation, I think it's helpful to emphasize that IHSS is a service of Medi Cal.
- Unidentified Speaker
Person
When a recipient does not complete Medi Cal redetermination and they are no longer eligible for Medi Cal, they also become ineligible for all Medi Cal services including IHSS. Under current rules, individuals qualify for the IHSS residual program only if they receive state funded Medi Cal or in a limited number of other circumstances.
- Unidentified Speaker
Person
Even though it is currently happening in some counties because of the manual work, it is not allowable under current state law or policy for individuals to be served in the residual program at general fund only expense because they did not complete a Medi Cal redetermination. When individuals are served in IHS residual after they've lost Medi Cal eligibility by not completing a redetermination, the state cannot later recover federal funding once they restore Medi Cal eligibility, which most recipients do do.
- Unidentified Speaker
Person
So the goal of this proposal is to automate implementation of the current state law about Medi Cal and IHSS eligibility being aligned.
- Unidentified Speaker
Person
The proposal has the effect of temporarily pausing IHSS services while recipients must restore Medi Cal Eligibility. Once Medi Cal's reestablished, the individual's IHSS eligibility would also be automatically reinstated. Automation of both the termination and the reinstatement streamlines what is now a manual process and brings implementation of the program rules into compliance with existing law. Although we understand the concerns people have with pausing IHSS services while the IHSS recipients complete the Medi Cal redetermination process.
- Unidentified Speaker
Person
We'd also note that aligning the implementation of Medi Cal and IHSS eligibility policies will increase recipients' understanding that IHSS is a service they receive as a part of Medi Cal.
- Unidentified Speaker
Person
Making the link between Medi Cal and IHSS eligibility implementation more timely and consistent may encourage more timely completion of Medi Cal redeterminations that result in recipients maintaining their eligibility in healthcare services and the state getting better federal matching funds. We estimate the associated general fund savings from this proposal by projecting the number of individuals who may otherwise be served in IHSS residual at general fund only cost and lose Medicaid matching funds in the absence of the proposal.
- Unidentified Speaker
Person
The savings are calculated based on the projected increase in individuals retaining or regaining eligibility for federal matching funds as a result of the automated disenrollment and retroactive reinstatement process. The proposal is not expected to result in net program cost changes, but rather a fund shift from the general fund to increased federal reimbursement.
- Unidentified Speaker
Person
Anything to add? Department of Finance, nothing to add at this time. Thank you.
- Juwan Trotter
Person
Jawan Trotter, LAO. I'll begin my comments by noting that this proposal has come before the legislature several times before and so far been rejected each time. With that in mind, we have posed a range of options for alternatives to this proposal. The other ones have been listening to the agenda, but one of the alternatives I would emphasize here, which can be implemented instead of or alongside the government's proposal, is to improve communication with recipients.
- Juwan Trotter
Person
Currently, when a recipient is informed that they are that they may be terminated from Medi Cal, it is not made explicitly clear that they may also result in a loss of IHSS services. The state could work to ensure that recipients understand as the director said that IHSS is a benefit of Medi Cal and by losing Medi Cal eligibility they may be at risk of losing IHSS services.
- Juwan Trotter
Person
However, we would also emphasize that this or any other alternative to the governor's proposal will likely result in differing savings estimates or may result in kind of increased costs. We would also emphasize that as the agenda mentions, the administration savings estimates at the time of governor's budget assume that roughly 10,000 individuals would lose IHSS as a result of this proposal and that a hundred percent of those individuals will regain medical and IHSS IHSS eligibility within the nine days of termination.
- Juwan Trotter
Person
However, we have since heard that from the administration that both the estimated number of individuals impacted by this proposal and the percentage of individuals expected to regain Medi Cal and thus IHSS IHS services, may be updated at the time of May revision.
- Juwan Trotter
Person
So as such the estimated savings associated with this proposal, may also be expected to be updated at May revision.
- Carlos Marquez
Person
CWD. Carlos Marquez on behalf of the County Welfare Directors Association. Under this proposal, individuals would lose IHSS services whenever Medi Cal is discontinued. County staff report that people fall into residual for mostly procedural reasons such as incomplete paperwork and missed notices. We appreciate the department's engagement and the effort to design automation that may reduce county workload.
- Carlos Marquez
Person
However, we maintain two outstanding concerns. First, the automation is not complete, and additional needed changes are not yet confirmed. Second, automation changes alone do not adequately address the risk of service disruption. Counties are committed, to preventing the loss of Medi Cal and IHSS. Even short gaps in healthcare and in home support services come with serious consequences to health and safety.
- Carlos Marquez
Person
These impacts are amplified in rural areas where geographic isolation, provider shortages, and limited infrastructure already strain access to care. Rural IHSS recipients often face limited Internet access, mail delays, and transportation challenges, for example.
- Carlos Marquez
Person
To preserver to preserve continuity of care, CWDA recommends additional safeguards to strengthen the legislature's response to the governor's proposal, including targeted funding for counties to assist with Medi Cal Redeterminations and rapid reprocessing, added CMIPs functionality, including automatic reinstatement of an IHSS provider when Medi Cal is restored, and advance reports to our staff identifying IHSS recipients with upcoming Medi Cal Redeterminations for additional outreach.
- Carlos Marquez
Person
We welcome additional discussion with the administration and the legislature as well as our consumer advocate partners on these safeguards to prevent gaps in care. Thank you.
- Unidentified Speaker
Person
Every month, a couple of thousand IHSS recipients are moved automatically from federally funded IHSS to state funded, IHSS residual program because they did not fill out their medical redetermination paperwork on time. These individuals may not realize that they're in medical or that their IHSS is a medical service. They may have difficulty reading their mail or responding to it and may require additional time to find someone to help them.
- Unidentified Speaker
Person
And when their Medi Cal is terminated, they may not know how to appeal on time or may not be aware that they can keep their IHSS under the policy of aid paid pending while appeal while they appeal and finish the redetermination process. Removing IHSSR is a safety net for these individuals saves the state money, but it does nothing to remove the administrative burdens and hurdles that cause IHSS recipients to lose their medical at redetermination and necessitated the safety net to begin with.
- Unidentified Speaker
Person
The state could, in fact, save the same amount of money by simply helping the subset of IHSS recipients that require the IHSS, our safety net, to not lose their medical coverage. For example, CDSS, together with the Department of Health Care Services, can add a notice together with medical redetermination paperwork, informing IHSS users of the risk to IHSS of not filling out the paperwork on time.
- Unidentified Speaker
Person
The department can work together to issue a notice about the risk to IHSS together with a Medi Cal termination notice of action. CDSS can provide clear language at the top of its IHSS notice about how to receive aid paid pending an appeal, which would preserve federally funded IHSS services. And the department can add reading and responding to mail as a reimbursed IHSS service to the subset of individuals who require it.
- Unidentified Speaker
Person
We have provided this committee with proposed trailer bill language that takes these preventative steps aimed at helping IHSS participants maintain their Medi Cal and IHSS, access aid paid pending when they don't, and add additional support to remove barriers with reading and responding to mail. We urge you to consider this alternate strategy, which addresses budgetary concerns by ensuring California maximizes its federal matching without impacting IHSS recipients access to care. Thank you.
- Caroline Menjivar
Legislator
Thank you so much. Director, so currently there's no statutory limit on how long an IHSS recipient can remain on the residual program. And so, does that mean like they never have to get back on Medi Cal? And then we just paid for it continuously on the residual program?
- Unidentified Speaker
Person
So I wanna be clear that there are different populations in the residual program. For example, there are individuals in the residual program who receive state funded medical, state only funded medical by design as a state as a matter of state law. There's no time limitation on their presence in the residual program so long as they are eligible for state only Medi Cal. They're eligible for the residual program.
- Unidentified Speaker
Person
It's a little confusing to say that there's no time limit on individuals remaining in the residual program because they lost Medi Cal due to their redetermination.
- Unidentified Speaker
Person
They're not eligible to be in the residual program in the first place. So no, there's no time limit on their placement in it because they are not actually eligible to be in it.
- Unidentified Speaker
Person
So there's no time limit in state law because state law doesn't allow for them to be served. If they're not. Through the residual program. If they're not eligible for Medi Cal, they lose their IHSS.
- Caroline Menjivar
Legislator
So they, I'm struggling. I know I understand. I'm sorry, director.
- Unidentified Speaker
Person
So the the Medi Cal and IHSS automation systems are not the same. So we have over time, originally IHSS was not a benefit of Medi Cal. As time proceeded and IHSS became a medical benefit, eligibility for IHSS is now aligned with eligibility for medical. However, when you lose your medical because you don't complete the redetermination process, you get terminated on the Medi Cal side in their automation system from Medi Cal. On the IHSS side, it's not automatic.
- Unidentified Speaker
Person
Terminate your IHSS eligibility until you restore it. Hopefully, if you are still eligible.
- Unidentified Speaker
Person
Yes. You have ninety days to restore it. But as soon as you lost your Medi Cal, you also should lose your IHSS. But it is a manual process and it is not happening consistently across the state.
- Unidentified Speaker
Person
So some do it? Individuals yes. Some do. Individuals automatically fall to residual because they're not eligible for medical and federal funding. And the only other place in our automation system for them to be is in the residual program.
- Unidentified Speaker
Person
They're not eligible to be there if they've lost their Medi Cal until they get their Medi Cal restored. It's just that the county has not yet taken the manual step of removing them.
- Caroline Menjivar
Legislator
Okay. Okay. And of the people that we see and I know we're going to get updated numbers. Is it going to be less than 10,000 or more than 10,000? I did the opposite.
- Unidentified Speaker
Person
So we are looking at we are updating the looking at that and updating that. And, well, you'll see here.
- Caroline Menjivar
Legislator
Do we know if it's less or high? We know but we're not saying.
- Unidentified Speaker
Person
So, I think it's fair. I I don't deal in estimates. Everybody knows I don't talk about money, but we see three
- Unidentified Speaker
Person
I know. I know. I was trying not to but we see about three to 6,000 people falling off of Medi Cal every month for this reason. So that's the the universe.
- Caroline Menjivar
Legislator
Falling out of Medi Cal. Yeah. So meaning For what reason? They for failure to, oh, redetermination. Yeah.
- Unidentified Speaker
Person
Yeah. And so that's the universe. So we see that every every month that happens, we get a file from
- Unidentified Speaker
Person
Yeah. So those are that so it's around 6,000 people now per month that did not complete their paperwork for on the medical side. And now, they've lost their medical eligibility and now they're falling into residual.
- Caroline Menjivar
Legislator
So it's six about 6,000? In the different individuals per month. Yes. Correct. Alright.
- Unidentified Speaker
Person
And so the 10,000 was annually? How do we? That's very off.
- Unidentified Speaker
Person
But I can say though that the majority of those folks cure their Medi Cal within the ninety days. And we're actually seeing the most of them cure within thirty days.
- Unidentified Speaker
Person
Because and we and we know this anecdotally because if they didn't, the residual program would be off the charts in growth. Right? It's not. It's staying around the same. So the majority of folks who lose their Medi Cal are regaining their Medi Cal within that that ninety day cure period and that's what we're seeing.
- Unidentified Speaker
Person
I think they're updating the estimates based on some of that information. I couldn't speak to whether it's gonna what how it's gonna impact the savings.
- Caroline Menjivar
Legislator
It sounds like it's gonna be a drastically higher number. If if it's 6,000 per month and the average was 10,000 that are gonna be impacted. I mean, and the number was 10,000.
- Unidentified Speaker
Person
I think this might be a better conversation after you've seen, the numbers in the May revision. Because I think we've also, looked at revising how we did the estimate based on, more information being available. Okay.
- Unidentified Speaker
Person
I just wanna also emphasize though that the difference is that while individuals are being served in residual even though they're not eligible for it, they're being served there. We are paying general fund only for those services. Right. We
- Unidentified Speaker
Person
And if they regain medical eligibility, we cannot go back and claim the federal funding. Instead, if they are not served in residual, if they are terminated as, it is designed under state law, and they regain their eligibility within a few days within ninety days, we go back to the feds and we can claim that federal funding retroactively for that time. So we are losing that federal funding by serving them And
- Caroline Menjivar
Legislator
during that time, do they get to still have their IHSS hours? They do still have IHSS but not medical because Okay. So, if this were to move forward, an individual would get kicked off of medical. In that moment, lose their IHSS hours. But the but the provider will still be able to provide services to the recipient?
- Caroline Menjivar
Legislator
If they cure their Medi Cal and become eligible again for Medi Cal, we can still pay for those hours.
- Unidentified Speaker
Person
I mean, I think that's true. It's retroactive. You they get retroactive pay. You're still asking a low income IHSS provider to provide care for free. Right.
- Caroline Menjivar
Legislator
So in that moment, they wouldn't get. Pay until that money comes back.
- Unidentified Speaker
Person
Right. And and I think this is why our position is that the state
- Unidentified Speaker
Person
And they don't necessarily get back pay. If they're cut off both services, that provider had if they don't notify the consumer, which I've had a friend this last year happened to. The not only are they cut off their medical, they cut off IHSS and then and they're not told about it till a later date where the provider has already provided services and ineligible for pay.
- Unidentified Speaker
Person
Not not if they've been cut off until they reinitiate their service.
- Caroline Menjivar
Legislator
But when they reinitiate, they get the pay the they get the pay of the services that were already provided.
- Unidentified Speaker
Person
So so the way it works today in in counties that are doing this work. So the file comes through from DHCS. It says this person's losing their Medi Cal save. They got it June 1. So the counties goes in and they terminate IHSS effective June 1.
- Unidentified Speaker
Person
The person gets a notice of action from DHCS, from the medical side of the house. They get a notice of action from from the IHSS side of the house. So what happens is is when that person cures their medical, we get notice of that. And we send a task to a social worker that says, hey, this person's medical was restored.
- Unidentified Speaker
Person
Then the the social worker is supposed to go back in and retroactively based on that medical eligibility, it should go back to the date they were terminated as long as within the ninety days.
- Unidentified Speaker
Person
And then the social work goes back and and resends that termination of IHSS and puts it back into place as of that date of termination. And so the the social workers and that's why we're trying to automate a lot of this because you can imagine it's a lot of work going, calling somebody and letting somebody, you know, and working all of that part out.
- Unidentified Speaker
Person
So that and then once they resend that termination, the recipient gets another notice of action that says your your services have been restored. Here's your hours. And that's the process today.
- Caroline Menjivar
Legislator
And and right now, but right now, we're just paying under the residual. Everyone goes into the residual.
- Unidentified Speaker
Person
Not everyone. Some counties are doing the manual work to terminate people's eligibility for HSS when they also terminate their eligibility for Medi Cal. So we do not have consistency statewide because there is no statewide program that is supposed to be serving people in this way. Our direction to the counties is manually terminate eligibility. It is not happening consistently across the state.
- Unidentified Speaker
Person
So in many places across the state, people are being served an IHS residual and there are varying lengths of time. Before the county then completes that manual work. It's not consistent, because again it's not a policy. It's it's just what's happening.
- Unidentified Speaker
Person
So at various points, people do eventually get terminated from IHSS if they have lost their Medi Cal. It depends when the county catches up to that manual work. We are also proposing to automate the reinstatement. So it would no longer depend on a social worker. To go into actually going in to reinstate. So this would become an automatic.
- Unidentified Speaker
Person
If you lost your Medi Cal, you automatically lose IHS. But if you regain your Medi Cal, you also automatically regain
- Unidentified Speaker
Person
Upon approval of the proposal. So the automation has been completed. It's something that we've had, waiting. We we have not deployed it.
- Caroline Menjivar
Legislator
What is automation part of the TBL? I I didn't see the automation. So what do you mean upon approval? What's approval?
- Unidentified Speaker
Person
So once this proposal is approved, we can turn the automation on.
- Caroline Menjivar
Legislator
Are you able to share if you have any information on the counties that already do this proposal that the department is proposing? And if you have any background on the providers that are working without the pay until the federal back pay comes in.
- Unidentified Speaker
Person
Yep. Tiffany White in SEIU California. The workers will work no matter what. They will show up each and every time and they work. Oftentimes, they do get the back pay, but to just as an agent's point, they can work one month to three months without the pay and then they have to get reimbursed.
- Unidentified Speaker
Person
And you can only imagine the hardship of an individual that has to wait that time in order for it to get reimbursed. I'm not sure on the data by county but
- Caroline Menjivar
Legislator
Uh-huh. Our workers will This is a random random question. If they go into our program, I know the federal can't reimburse us. Is there a loan we can give to the counties to pay and then they get and we get that back while providers are paying, working for free. Is there a creative way that we can give money to a county and collect that back once the Federal Government kicks in?
- Caroline Menjivar
Legislator
I'm just trying to find, just to not have people pay for work for free. I understand. I I understand the proposal. I get the proposal. It's just the people that are working for one to three months for free.
- Caroline Menjivar
Legislator
They get back pay but in that meantime. Yeah. Are there creative ways It was a random I don't even know if that's legal. I don't even know. But I'm just like, is it just do they need a loan for the time being?
- Unidentified Speaker
Person
I don't correct me if I'm wrong, department. But I don't think that there's anything like that, like, that exists. But if the legislature is interested.
- Caroline Menjivar
Legislator
I just I don't know. I just if we get them if we get the money back
- Unidentified Speaker
Person
I think part of the challenge here is that we don't know for sure exactly which recipients will cure
- Unidentified Speaker
Person
their medical medical eligibility within the ninety day period and which will not. So if we that that doesn't mean that we couldn't as a state, if the legislature and governor agreed to it, decide that we were gonna take on the risk of paying either way.
- Unidentified Speaker
Person
Whether or not federal funding ultimately comes depends on whether or not the redetermination projects. Process ultimately does get completed and we don't really know that on day one or 30 necessarily.
- Unidentified Speaker
Person
And I think to add just a little bit to that too. I think the data right now shows that, the majority of people cure within the thirty days. So there's also this sort of like cost effectiveness, efficiency, you know, that has to be kind of considered if. Okay. Yeah. But under okay.
- Carlos Marquez
Person
Yeah. Go ahead. Under the auto terminate proposal, would we still get a ninety day grace period that's consistent with Medi Cal?
- Carlos Marquez
Person
There would be a still they would there would be an IHSS cure period of ninety days equivalent to Medi Cal's.
- Unidentified Speaker
Person
Okay. IHSS eligibility eligibility and Medi Cal eligibility are in tandem under current state law and policy. So any period of time in which you could cure your Medi Cal eligibility would also apply to the IHSS program as a service of Medi Cal.
- Unidentified Speaker
Person
Thank you. I my biggest concern about this is is when you're looking at how you're engaging the consumers who's had their, Medi Cal or their Cutoff and That's my next question. Language issues. There's there's, you know, there's a visual divide with a lot of those. People are blind.
- Unidentified Speaker
Person
They're getting notices of paper. There's other barriers to them being notified in a timely manner or or they just don't get it at all because they've moved or other issues or they have another agency who's doing that renewal paperwork for them. And so, it that's where my concern is is with this proposal and I would I would once again ask you to reject. Thank you.
- Caroline Menjivar
Legislator
Director, to kind of to to that point, DHCS is working on, updating information that is being sent out to their Medi Cal consumers, HR 1 changes. Have we talked to them to include a notice that if you lose Medi Cal, you will also lose IHSS? I know that's one of the requests.
- Unidentified Speaker
Person
Yeah. We have engaged DHCS already. So this is a request and things that we've talked about many times over the years. So we're, they are very amenable to adding that language to their notices. They're recognizing that.
- Unidentified Speaker
Person
And they're making a lot of changes on their side for the redetermination process itself. So they were very amenable to adding that language. Same for us on our side adding additional language to our NOAA messages to make it more clear to folks On, what it means. Like, why they lost their medic you know, you lost your Medi Cal. Now IHS is a benefit of Medi Cal.
- Unidentified Speaker
Person
So they'll get two notices that say the same thing. So that's also in we we took that away.
- Caroline Menjivar
Legislator
And from from my knowledge, can you address a little bit what Michelle brought up in concerns of the, the way we share information with people? Sure. Sure. So we do issue notices of action in all of
- Unidentified Speaker
Person
our threshold languages. Okay. So that's English, Spanish, Armenian, Chinese. We're in the process of expanding to an additional five. Okay.
- Unidentified Speaker
Person
And Medi Cal also provides notices of action in 19 languages. So they're much based on their threshold languages. As far as blind and visually impaired individuals, we do have, different solutions for that for people that they opt into. So we do issue braille notices. We issue large font notices.
- Unidentified Speaker
Person
We issue electronic notices on a CD or whatever type of media that person requests. So that they can plug into their own systems and and have their system read that notice to them. So we do have those types of things already in place for our noticing.
- Caroline Menjivar
Legislator
And before I get back to you, Michelle, I know one of the proposals is I don't know if it's just as an agent's proposal on having that be a coverage. Was it a provider proposal? No. Just kidding. Reading mail.
- Unidentified Speaker
Person
Reading mail. This is for the two mail for the Oh, reading mail. Yes. Yeah.
- Caroline Menjivar
Legislator
Maybe a minute here. A provider providing these services, why do we need to add reading mail as a service if that's a need? For If
- Caroline Menjivar
Legislator
If a providers are to care for the needs and then the media need is perhaps reading, why there why does there need to be an added requirement to that be pro as service?
- Unidentified Speaker
Person
The IHSS program specifically reimburses for services for which the individuals are eligible. So we outline based on what we were talking about before, the functional index tells our need, the hourly task guidelines. Those hourly tasks are prescribed in terms of what it is that we will reimburse for. Okay. And reading mail is not currently a service that you could claim time Okay.
- Unidentified Speaker
Person
That you have, completed and that it would be reimbursable under the IHSS program.
- Unidentified Speaker
Person
I think also keeping in mind what the day of a provider looks like. They come into the home, they do a particular task and then they go to the next they they often have more than one consumer that they're working for. And so adding a that as a service is very important. It's not just about reading the mail. It's about helping with responding to it.
- Unidentified Speaker
Person
So receiving IHS medical redetermination paperwork, for example, would require down and assisting the individual for a significant amount of time in that particular week with responding to that mail. K. Michelle?
- Unidentified Speaker
Person
Yeah. When I do my medical review, I actually go to the local medical office and have them help me do the paperwork. But for our blind consumers and stuff like that, they're still getting a lot of their stuff in in a in a way that they can't they can't access. They're getting paper in the mail.
- Unidentified Speaker
Person
And then because there's no requirement for with IHSS for them to be read to, they they're getting paper notices that that they can't respond to because they don't have access to somebody who can read for them.
- Caroline Menjivar
Legislator
Okay. Okay. Thank you. Director, I had a question. I'm gonna shift here.
- Caroline Menjivar
Legislator
I had a question on I know you gave an update on the CFCO. The action that we did last year. You you mentioned, should I wrote it down? You mentioned the backlog that you're seeing from the counties.
- Caroline Menjivar
Legislator
I think my question was, when do we anticipate I think you said like once they address the backlog, it'll be back to normal. Like when do we anticipate
- Unidentified Speaker
Person
that backlog being addressed? So the the backlog, the overdue reassessments that we started with in, July 2025 was about 24,000 reassessments that were overdue. And in March 2026, we were down to about 5,000. So that gives you a sense of the magnitude of how much they have already worked through the backlog. And that's why the overdue reassessments I had noted decreased by about 79%.
- Caroline Menjivar
Legislator
Okay. And Department of Finance, are we on track to the for the full savings? You know, CWDA note, notes or county yeah, counties note, that given the significant progress and timely processing of it, we might not get the full savings we anticipated. So if or maybe director you have that.
- Unidentified Speaker
Person
I was just gonna say, the the savings are also would materialize to the extent that we are no longer penalized by the Federal Government and there are no penalties to pay. Okay.
- Carlos Marquez
Person
I think it's important just to make sure the trade off is understood and we don't think it's, transitory. In fact, I don't know that, that director Troy has asserted that that they're certain, that the backlog or or that the, the trade off that we've described for you, which is that intakes have suffered while counties have refocused their staffing on CIVCO reassessments. That's just that's not the that's a theory. Right? That's entirely a theory whether there's a a backlog that will ultimately level out.
- Carlos Marquez
Person
What we know is that the program's growth continues to increase, that our intakes are going to ultimately when we're able to get them in a timely manner, they're going to result in more clients, both Cisco and Non Cisco consumers. And we also know that our caseloads per social worker, about 350 to 500 depending on the county. So the fundamentals haven't shifted. And we don't think that the the trade off that you're seeing today, which is intakes have suffered significantly.
- Carlos Marquez
Person
The top 15 counties that have been able to reduce their SIF code, backlog, also are the worst in terms of intake timeliness.
- Carlos Marquez
Person
We don't think that's transitory. We think that's gonna continue because of the fundamental growth drivers within the program. The lack of staffing and chronic underfunding of the admin of the program.
- Caroline Menjivar
Legislator
How often are we evaluating that trend if it's going down? Deputy director.
- Caroline Menjivar
Legislator
Well maybe but the director mentioned you know, we're a good chunk in the way of addressing the the backup.
- Unidentified Speaker
Person
So we assess that monthly. Okay. So because we pay penalties monthly. So we were looking at overdue reassessments for zip code and we have to figure out what those penalties are that we have to reimburse the Federal Government for. So that's something we see on a regular basis.
- Unidentified Speaker
Person
Additionally, we, as far as compliance activities, we work with counties and we actually if they're they're below comply if they're below certain compliance rate, they have to go on a QIAP, a quality improvement plan. And we and we monitor those. So we have three different criteria currently for QIPs, which is, intakes, which applications processing, Cisco reassessments, and regular reassessments. Okay. So we're seeing that with regards to Cisco, the numbers like director Troy has said have significantly changed.
- Unidentified Speaker
Person
So was before about 24 to 25,000 over dues and now they're about almost close to 5,000. What we're seeing as well is that though there are particular counties now that are out of compliance where the majority are in compliance with CIFCO. So what we talk about is the maintenance piece is how counties manage their case loads. And so every social worker has a case load. Right?
- Unidentified Speaker
Person
They have assigned cases and it is three, you know, it is fine. Three fifty to 500 cases. So what how we support them in their work is we provide them reporting. We tell them what assessments are due in the next month so that, you know, ninety days so that they can plan out their work and get those assessments done. We have a big backlog.
- Unidentified Speaker
Person
I can understand why counties would reassign their intake staff to help them get CIVCO caught up particularly because of the penalties. But what we're saying is that at some point, your backlog has gone is gone and your case workers have a case load. And they should be managing their case load on a monthly basis which is no different for the for that that's never changed in the program. That's kind of the way that's always been the way counties have managed their work if that makes sense.
- Caroline Menjivar
Legislator
Yes. It prompted another question. No. We're two hours in, man. I apologize.
- Caroline Menjivar
Legislator
Into one, issue one. Is that a possible scenario with the IHSS IHSS hours? The counties could reassign their social workers to make sure that they stay within the hours And there could be a backlog of more IHSS recipients getting intake to be added?
- Carlos Marquez
Person
Did well, I think are you you're saying could we as the as counties have redirected their social workers to focus on CIPCO, redetermination. Could that, is that. Similarly could they focus on ensuring that those hours are correct under the baseline. That we're doing are accurate.
- Caroline Menjivar
Legislator
Yeah. Versus versus onboarding new people until IHS knowing that the growth is this.
- Carlos Marquez
Person
Well, we have certain timeliness requirements. And so, if we violate those, you know, those rules, there are also penalties associated with that side of Right. Of work. Right?
- Carlos Marquez
Person
So we're sort of we're thinking about this also in terms of the potential downstream impacts. Okay. But we have whether or not we ever agreed to take on the penalty pass through of CIFCO, counties are also a part of solving this problem. We have skin in the game. All we've said this this budget here is let's keep the 50% split as it currently exists.
- Carlos Marquez
Person
Let's not pass on 100% of those penalties to counties because the reality is the state also bears some responsibility. In our view, because of the inherent issues around caseload, and three fifty to 500 cases per social worker for the problem the fundamental problem that we have, which is that we don't have the time or the number of people adequately in place to make sure that we're keeping pace with the redetermination Cisco requirements and the timeliness intake requirements.
- Caroline Menjivar
Legislator
Heavy ass realizing that they're sharing putting all the costs on you. It's just a heavy ask. One last thing.
- Unidentified Speaker
Person
Madam Chair, if I may, I would just caution that if you have a worker and you shift a responsibility from one thing to another, their caseload still exists. And so our workers get pulled in so many different directions. Whatever comes their way, they get taken off of one thing, moved to the next. Taken off of that, moved to the next. And I would just caution that the worker still has a caseload at the end of the day.
- Caroline Menjivar
Legislator
Right. Thank you. As we wrap, issue one on IHSS, like I wanna remind that when the Federal Government brought in question the case growth in IHSS, DHCS went to bat and defended this program of how important it was that it was aligning with our goals. The state's goal to keep more people and move more people off of long term institutional care into IHSS.
- Caroline Menjivar
Legislator
So the fact that this is growing as it is, I think is in the right direction of what our intention as a state is for our goals. Because this not only provides, autonomy, individualized care. It keeps people out of SNFs. And it also helps our bank in the state not have to pay for so much. So cutting a program that we know helps dramatically, not just economically, but for, independence.
- Caroline Menjivar
Legislator
It's a difficult pill to swallow. And I look forward to seeing my leader throw down and hopefully defending this to the end. Thank you so much on issue number one for joining us here. Director, issue number two.
- Leora Filosena
Person
Or afternoon? Oh my goodness. Afternoon. Time flies when you're having fun. Great company.
- Leora Filosena
Person
My name is Leora Filosena. I'm the Deputy Director of the Dell Programs Division at the California Department of Social Services. To address the first question on the agenda requesting an overview of the proposed trailer bill for non profit organ or for profit organizations. This TBL provides an important first step in creating meaningful oversight and sets I apologize. It limits fees, requires for profit representatives to identify themselves, and sets a basic code of conduct.
- Leora Filosena
Person
These measures will help the department understand who is representing recipients, monitor patterns of concern, and ensure accurate case authorizations. The second question on the agenda asks, what is the extent of the problem and that this proposal intends to address? So the department, developed this trailer bill to protect IHSS applicants and recipients from predatory or potentially unethical behavior. We have seen a rise in for profit organizations charging 10 to 20,000, sometimes more, for representation.
- Leora Filosena
Person
Counties and stakeholders have expressed concerns that some of these organizations delay assessments, advise recipients not to cooperate with county staff, or encourage them to ignore program rules.
- Leora Filosena
Person
These actions lead to late assessments, delayed benefits, incorrect authorizations, and county compliance issues including Sifco penalties. There are also concerns that some representatives may strategically seek denials to trigger hearings and obtain large retroactive payments that ultimately fund their fees. The Department State hearings division has also raised other concerns related to these for profit entities posting misleading information online and on social media. Our intent is not to eliminate access to advocates but rather to ensure IHSS recipients are informed of their rights and are protected.
- Leora Filosena
Person
We have engaged with stakeholders including non profit advocates and counties to gather feedback.
- Leora Filosena
Person
The proposal is intentionally narrow in scope and focus on human services operations. From a budget perspective, we believe that this proposal will will result in workload savings for counties and department staff as program rules are applied more consistently and as represented cases are authorized accurately. We also anticipate related savings tied to reduced delays, fewer incorrect authorizations and improved compliance. Ensuring IHSS program integrity is essential to protecting recipients and maintaining accurate eligible service delivery.
- Leora Filosena
Person
The department is continuing to engage with stakeholders on this TBL and exploring what exploring where where we can make changes suggested by stakeholders that may help clarify or strengthen the current proposed language.
- Juwan Trotter
Person
Juwan Trotter. So we are continuing to review this proposal and as we kind of learn more about this issue and and try to work on better understanding what the intended and unintended consequences that may arise from this proposal. I want to take a step back. To our understanding, there isn't a budget change proposal associated with this language or any fiscal impact. So we're also kind of reviewing how this proposal relates as a budget issue rather than a policy issue.
- Caroline Menjivar
Legislator
I don't have any questions on this one. Thank you. You're done. You missed the extra spicy one last time, director.
- Caroline Menjivar
Legislator
Oh. You're like, I'm gonna plan my trips according to budget subcommittees.
- Unidentified Speaker
Person
Well, then when you say that you're scheduled, I think you're right.
- Caroline Menjivar
Legislator
Okay. We are now doing public comment on IHSS issues only. If you go onto any topic, I will kindly ask you to sit down. This is only IHSS public comment only. I think we have a set amount of people we're gonna ask to go first.
- Unidentified Speaker
Person
Have other folks sit down, please, and tell me get through sit down. Folks up there.
- Unidentified Speaker
Person
Everybody sit. Everybody sit down. We'll let you talk in a minute. Thank you.
- Sharon Duchesse
Person
Hi. My name is Sharon Duchesse. I am I'm sorry. I wanna make eye contact. My name is Sharon Duchesse.
- Sharon Duchesse
Person
I'm a provider with IHSS. I'm also a proud union member, for SAU twenty fifteen. Hearing you talk inspired me. I really appreciate you guys' support on this. This is a growing program.
- Sharon Duchesse
Person
It's not gonna shrink in the next twenty years. We have baby boomers out there. Please do not do any cuts to this program because it is gonna be detrimental to this program. We already know cuts are coming to Medicaid and Medi Cal in 2027. From the federal side, we don't need it from the state side too.
- Julia Feinberg
Person
Thank you. Thank you. Hi. My name is Julia Feinberg from Oakland with the LTSS for All Coalition.
- Julia Feinberg
Person
And I'm on IHSS as well as the WPCS waiver to ensure I live in the community and not in an institution. So it goes without saying, but based on these proposed cuts every year, I have to say it, IHSS is literally a life saving program. This is a safety net. There is no second safety net. I'm tired of coming here year after year to explain that and to push back against attacks on IHSS services.
- Julia Feinberg
Person
I'm tired oh, could you touch my phone? Sorry. Yeah. You can just touch it. Thank you.
- Julia Feinberg
Person
Sorry. I'm tired of sending so much of my time coming to Sacramento instead of living my life. I urge you to support the center's proposal to close corporate tax loopholes and raise taxes on those who can afford to pay more instead of taking away essential services. Thank you.
- Anna Alonso
Person
Hello. Good evening. My name is Anna Alonso for Bakersfield, California. I'm a mom. I'm a daughter for three individuals that depend for income support services, and you talk exactly about what is the most important problem.
- Anna Alonso
Person
You say saving is gonna compromise people, and regional center cannot do all all. Providing the services, including genetic services, are the most prop the problematic thing. We they they can do anything by themselves. We are talking about human's life. We have the right to live with the help, dignity, and safety.
- Anna Alonso
Person
I cannot survive without the caregivers. Please, a baseline is not gonna to work. Each of us in the disabled community, we are unique. Do not measure us with a single joystick. For for the needs of for us, we are unique.
- Anna Alonso
Person
Please, Senate, do not abandon the millions of Californians with a with a pen in the services for for living.
- Janie Whiteford
Person
Thank you for holding this, opportunity for us to speak. And, my name is Janie Whiteford. I'm the executive director of CICA, California IHSS Consumer Alliance. We are the statewide organization of IHSS advisory boards, which are required in every single county. I'm so thankful that you sit in that chair and are so supportive of what we do and what this program does and, do not wanna see it cut either.
- Janie Whiteford
Person
I just wanted to mention a few things. The cost of the counties, shifting the cost, We know I'm from Santa Clara County, said on that advisory board also, we know that Santa Clara County cannot absorb that shift in monies and cannot if that happens not only would IHSS be involved but also other supports for low income people. So that that's a huge one. The residual program, we know that there are no. People in this in this situation do not see those notices.
- Janie Whiteford
Person
A lot of times, they don't understand those notices. So I think that the the residual program isn't absolutely essential that it stays that way because the consume the providers must get paid and that that's the the download. Knowing that, looking forward, we are being faced with a huge issue of obtaining providers. This is gonna be the next big huge push Thank you. For this program.
- Kate Ladisch
Person
Great. Good afternoon. I'm Kate Ladisch, president of the California IHSS Consumer Alliance, chair of the Yolo County IHSS Advisory Committee, member of the Yolo County Commission on Aging and Adult Services, and the LTSS for all coalitions. Don't sleep. And an IHSS consumer.
- Kate Ladisch
Person
And, all of my organizations strenuously oppose the proposed cuts. Thank you so much for your leadership. Really appreciate it. These cuts would be devastating. Christy Madden of LA County relies on IHSS to get in and out of bed, shower, dress, make meals.
- Kate Ladisch
Person
It allows her to work. She's gravely concerned that shifting cost to counties could lead to reduced hours, which could force her into a nursing home. Without bumps, Cindy So to of LA County could sometimes be stranded in bed without food, water, medicine, or bladder or bowel care. Mark Gordon of Butte County uses the full two hundred and eighty three hours per month, allowing him to work and help people every day.
- Kate Ladisch
Person
He is frustrated and sad that if costs shift to counties, he could be seen as a financial liability to the county that he loves.
- Kate Ladisch
Person
Nunimata of Yolo County lost Medi Cal due to a phone connectivity issue at the start of his redetermination appointment. When he connected five minutes later, he'd already been dropped. Without the IHSS residual program, his wife and caregiver, Chrissy, would have been without a paycheck, endangering the model's ability to stay housed. And I'll just add, I spent Tuesday at a Yolo County budget meeting, and the counties have no money. And so shifting shifting cost to counties is it's going to result in in loss of service.
- Christina Laffman
Person
Okay. So hi. My name is Christina Rama Laffman, and I'm in Alameda County. And I'm a member of the LTSS for all coalition also. And I've been benefiting from HSS myself since 2019.
- Christina Laffman
Person
And that was because I wasn't able I was barely surviving, definitely not able to thrive, and I wanted to have a chance of thriving. So I got ISS, and then I found how just because you're giving hours, you're not automatically gonna get them. The under use with bupps and it's not because you can't don't need them. It's because you can't get someone to you help you with the or needs. But besides that, so I was really looking forward to more acceptance and not loss of sight.
- Christina Laffman
Person
So that was it's been quite a challenge to get someone to help me with my needs. And but because of Medi Cal, what keeps me fighting is that I'm able to pursue working towards becoming a social worker myself because, oh my god, do I want to do that so bad. And I'm able to get home care and have tember cycling and not be just scraping by. And it allows me to, I love this quote, to boldly go where everyone else is already going. Thank you. Boldly.
- Christina Laffman
Person
And so I'm saying no cuts and no restrictions to get there to medical because. Just one final thought. Okay? Deserve a chance at thriving as well. So I appreciate that your the legislator is making sure not to balance the budget by back my livelihood. Thank you.
- Michelle Rosie
Person
Hi. Hello again. My name is Michelle Rosie. And, when did we, as a society, make it okay to have such a huge negative impact on our communities and our people who need services?
- Michelle Rosie
Person
And, when is it okay to say it's okay to make those cuts every year? When do we make the decision that we're not as important as everybody else when it comes to funding the programs that
- Michelle Rosie
Person
we need and we use? IHSS is a vital program. It should not be optional. And, thank you for letting me speak today in multiple ways and thank you for your support in not making those cuts. Thank you, Michelle.
- Jessica Layman
Person
Hello, senators. Jessica Layman with Canary Resistance, Hand in Hand for all coalition. Thank you so much for this hearing and for all your comments. Senator Menjivar, as you were asking questions, I felt like you just see this program with common sense. Like, why do we not just do this in a way that meets people's needs?
- Jessica Layman
Person
Right? That if we're keeping people out of nursing homes and institutions, we are actually saving the state money. Right? If we provide services and simplify the administration, we are saving the state money. And moreover, it's exactly what we should be doing to have the kind of of community and state we need.
- Jessica Layman
Person
So thank you for that. I also wanna point out, in the talk about the residual program, it was assumed that providers will keep doing the work unpaid. Right? And it was acknowledged that that's hard for people. The reality is if someone can't pay their rent because we know that IHSS workers do not have a huge amount in the bank from their huge wages.
- Jessica Layman
Person
Right? People have to pay the rent. They're going to have to go find other work. Right? People are caring.
- Jessica Layman
Person
They're gonna try. But the reality is people will go without the care they need. They will get sick. They will go to nursing homes. They will not have the lives that everyone should have in the community.
- Jessica Layman
Person
I rely on attendants every day to get me out of bed and allow me to live my life. We are all terrified of what it would mean to make these cuts. Thank you for fighting for all of us. Thanks.
- Dolores Tejada
Person
Hello. Dolores Tejada, organizing director for Marin Center for Independent Living, here to oppose cutting any of the backup provider programs and supporting legislation to protect access to these vital programs, which keep people with disabilities in their communities and out of institutions and nursing homes. Also to keep in mind that IHSS is a job creating program and making sure that folks can still be employed.
- Dolores Tejada
Person
We heard what other folks were saying earlier now about how that can be complicated, but it it it people with disabilities and the programs that we use are super vital to, our livelihood and to make sure that we can be contributing members of our community. Thank you.
- Britney Wilson
Person
Hello. Good afternoon, Senate committee members. My name is Britney Hernandez Wilson. And I'm a proud disabled home care organizer with Hand in Hand and the LTSS for All Grassroots Coalition. Every day, I work with people who are terrified of the decisions that you will make.
- Britney Wilson
Person
IHSS is not a luxury. It is a lifeline. It allows disabled people and older adults and anyone in this program to remain safely in our homes and communities with dignity instead of being forced into institutions. And honestly, I didn't hear real solutions in this budget proposal, only robbing Peter to pay Paul. Protecting IHSS is not only the morally right thing to do.
- Britney Wilson
Person
It's also far less costly than institutionalizing people, which you know. We are here from all across California today to remind you that it is your duty to protect us. Disability can happen to anyone at any time. And any one of you could someday rely on these very same services. Please protect IHSS for all.
- Monique Harris
Person
My name is Monique Harris, and I'm with Hand in Hand. I've been on IHSS since I was 16.
- Monique Harris
Person
My son has lots and lots of medical problems. And me and my son rely on IHSS.
- Monique Harris
Person
If it wasn't for my IHS test, we wouldn't be here. Please do not cut our
- Monique Harris
Person
I will not be here. My son will not be here. And I won't walk to you. I will not be there. Because I would
- Monique Harris
Person
not be here. My son would not be here, and a whole lot of us would not be here.
- Monique Harris
Person
Yes. And you could be in a same position. And you could be in the same position one day.
- Christine O'Keefe
Person
My name is Christine O'Keefe. I'm 39. I live in Sacramento, and I have cerebral palsy. I use a wheelchair and work as a mentor helping people with developmental disabilities access communication tools. Because of this, I've been able to live independently since I was 24.
- Christine O'Keefe
Person
This gives me the support I need to stay safe at night and continue living in my own home. Without this , I could lose my independence and be forced into a group home. No one deserves that. This is not a luxury. It is what allows people like me to live with dignity, freedom, and independence.
- Christine O'Keefe
Person
Please protect us and reject any cuts that would harm disabled people in our communities.
- Emily Dyson
Person
This is Emily Dyson. She is my, I provide for her. I'm her IHSS provider. I'm with UDW union. And I'm It was heartbreaking to listen to this.
- Emily Dyson
Person
cut hours from from Emily is well, it was still crushing to hear, actually. I quit a very nice job to be her full time caretaker because there because someone else had mentioned there wasn't enough people and that's true. You cannot find enough people willing to come work for maybe free sometimes, twenty four hours seven. She's a big job. She requires a lot and she's worth every minute of my time.
- Emily Dyson
Person
She is happy and safe in our home. But I also need to pay the bills. I am asking us to not cut any of these services so I can afford to keep her at home.
- Charlestina James
Person
Good afternoon. Charlestina James, IHSS provider and proud SCIU twenty fifteen. I'm a mother first and foremost, so I wear a cape. Triplets, seven year olds, three different stages of autism. The baby bleeding on the brain until to this this day still, and he's blind in one eye.
- Charlestina James
Person
They told me he wouldn't live past six weeks. I am proud to say that he is now seven years old doing sixth grade math and fifth grade reading. I know and seen firsthand what some cuts done. When they cut the state hospitals. I was there.
- Charlestina James
Person
So cutting IHSS program, putting us our people back on the street isn't what's happening because then we have another problem with the homelessness. Please no cuts to IHSS. Thank you. Thank you.
- Unidentified Speaker
Person
Hi, Senator Caroline, and hi, everyone. My name is Britney. I live in Woodland, California. I am not only advocating for myself, I'm advocating for everyone. IHSS helps me and everyone with getting the support they need and want.
- Unidentified Speaker
Person
My name is Britney. I live in Woodland, California. I'm not only advocating for myself, I'm advocating for everyone. IHSS helps me and everyone with getting the support they need and want. I just wanted to tell you guys I have autism and I have like health issues such as Graves disease and I have like limitations like on cooking and cleaning.
- Liz Ortega
Legislator
And that's what, and I and I depend on IHSS. I'm asking you guys to please do not do cuts to IHSS. No. No cuts to IHSS. No cuts to IHSS.
- Oliver Stabby
Person
My name is Oliver Stabby and I live in Berkeley. I'm here to repost cuts to restructuring and cut and IHSS. I'm a public health researcher and policy analyst. I specialize in social determinants of public health or the factors that the non medical factors that shape our health outcomes like where we live, work, and age. These factors account for a shocking eighty percent of health outcomes.
- Oliver Stabby
Person
When we cut these vital services, it inevitably results in institutionalization of those with unmet needs, removing them from their communities. Access to community is a fundamental part of health. Institutions can provide services but cannot replace belonging, agency, or the social ties that actually
- Oliver Stabby
Person
keep us well. Disabled Californians deserve to remain in the lives that they Disabled Californians deserve to remain in the lives that they themselves have built. Disability is an ordinary part of life, and these cuts affect us all. When we cut the support that keeps people safe at their homes, it does not make their needs disappear. It makes people disappear. This is a strong fiscally responsible health protection.
- Oliver Stabby
Person
Nursing facilities cost California, 137,000 per year, five times as much as IHSS. Cutting home care does not save money. It move Thank you. It moves people to hospitals, institutions, where care is more expensive, and health care are worse.
- Shana Ray
Person
Right here, ma'am. My name is Shana Ray. I'm from El Cerrito, California. And, I don't personally receive IHSS services, but I know a lot of people who do. And, they're essential for people for cooking and cleaning.
- Shana Ray
Person
And, as of many people who have stated here for staying in their own homes and living independently, please don't cut these vital services. They're very important. Thank you. Thank you.
- Joshua Saunders
Person
Hi. My name is, Joshua Saunders and I live in El Cerrito, California and, I'm legally blind and, IHSS provides vital services, keeps us, gives us resources to stay in our homes and live independently as others have said. But one of the things I wanted to mention was that I've been here last year where there was talk about cutting Medi Cal. I really wish that the costs of the budget would be balanced on those who could least afford to pay it. Thank you so much.
- Sherri Williams
Person
Good afternoon, i'm Sherri Williams from Parent Leader Verse 5 and i'm.
- Sherri Williams
Person
An SEIU 2015 executive board member, former. I took care of my mom with stage four cancer, who I lost in 2023 for over 30 years. And, I saved a lot of money. I was paid only 10 years of that. So I drove up and down the freeway from Stockton to Sacramento every week to make sure she was okay.
- Adam Bernstein
Person
Hello. My name is Adam Bernstein. And while I currently live in Nevada County, I was a former caregiver in Sonoma County. We need to stop trying to balance the budget at the expense of California's most vulnerable residents. Year after year, we come here and plead our case and enough is enough.
- Adam Bernstein
Person
We give corporations billions every year, so I urge you to oppose all the governor's cuts to IHSS and instead close corporate loopholes and make corporations who use our safety net pay into it. Please vote like you care because our care counts. Thank you.
- Christopher Bennett
Person
Hi, Manager and community members. It was great to see you from earlier this morning. Press conference. I am Christopher Bennett. I'm of the city of Napa of Napa County, younger son of health care administrators and grandson of dental surgeons.
- Christopher Bennett
Person
I was in the development services system for 28 years. The purposes of state programs and micro leases across all departments with the passage of HR 1 continues health care system challenges. Our health care districts needs every tool to maintain, preserve, and expand assets care through the state office of primary care and advocating on higher priority issues impacting health care districts.
- Christopher Bennett
Person
It is said and told that Legislatures and community members and ma'am chair to recognize fourteen million Californians people receiving behavioral health, dental, vision, long term care, and other services through Medicare partners and programs that saves in the Medicare's impact. Person centered care focuses on whole person care in the community, improved outcomes to reduce health and disparities and transform the DDS system.
- Unidentified Speaker
Person
Thank you, sir. Thank you. Oh, sorry. Thank you. You're okay.
- Rachel Hagen
Person
Hello. My name is Rachel Hagen and I'm on the executive board of SEIU. I am a caregiver for my daughter here in Sacramento County. And please, we are against all, we are opposed to all cuts against IHSS. Thank you so much.
- Alvini Escotte
Person
Thank you. Good afternoon. My name is Alvinia Scott. I am a IHSS caregiver here in Sacramento County. I'm a proud member of SEIU 2015 and an executive board member as well.
- Alvini Escotte
Person
One of the things that I noticed sitting in this room today, the state and the county don't have their act together. And I truly appreciate your support because you do get it and understand. Any cuts, there's no saving. This community is gonna continue to grow. They need to figure it out.
- Brenda Garner
Person
Good afternoon. My name is Brenda Garner. I am one of the regional Vice President of SEIU local 2015. I know this morning you have heard a lot of voices about the cuts. But one thing I want to let you know, I haven't heard nothing about the mortuary on how of a big impact it would have on our providers.
- Brenda Garner
Person
I am a proud member again of SEIU local 2015. Not only that, I am a caregiver too. I haven't heard anything about how we're gonna build another mortuary to put these home care providers in. Neither have I heard anything other than pleading for help not to cut this program. Not only, to cut the program, there's billions and billions of dollars that home care providers like myself have saved the state.
- Brenda Garner
Person
Put care first. Please put care first, no more cuts. Every time there's a cut, they run to us. Go cut the billionaires and leave home care providers alone. Thank you.
- Raymond Castillo
Person
Good afternoon. My name is Raymond Castillo and I'm with the Ignite Filipino, based here in Sacramento, also with LTSS for all coalition. First of all, thank you for pushing corporations to pay their fair share. But I am here today to ask that you make no cuts on IHSS. Health is important.
- Raymond Castillo
Person
IHSS is important. When it comes to people's health and well-being, they should be the priority and should never be on a chopping block or discussion to to be to have its budget cuts. We are talking about people's lives. So I ask no cuts on IHSS. Thank you.
- Angelica Kabande
Person
Good afternoon. Angelica Kabande with Jobs with Justice, LTSS for all, Coalition, and Samkan. Samkan is based in SF and Sacramento, whose members are caregivers and IHSS recipient. I want to thank you for your leadership on pushing for corporation to pay their fair share in standing with millions of Californians who desperately need their IHSS coverage not to be interrupted.
- Angelica Kabande
Person
Cuts to any part of IHSS services has a ripple effect to others, like the cuts on caregivers who affect their patients who have, who won't have someone to take care of them.
- Angelica Kabande
Person
Caregivers goes beyond their job description. They are translators, family or extended family members, and part of overall ability of the person they care for to go about with their day to day. IHSS is life or death situation to a lot of people. That's why it's crucial to vote no to these cuts. Thank you.
- Helene Ginter
Person
Good afternoon. My name is Helene Ginter. And I am a District 6 board member for UDW and a paramedical. And I've been involved in advocating for disability care since my brother's car accident in 1983. For more than 40, I've seen exactly how essential stable IHSS services are and how devastating it is when the support is threatened.
- Helene Ginter
Person
For the past 4 years, I've worked in IHSS home care, witnessing every day how this program keeps people alive, safe, and out of institutions. Cutting IHSS is not a budget decision. It is a direct attack on the health and survival of the people we serve. These budget formulas don't measure safety, dignity, or human life. They only measure dollars.
- Helene Ginter
Person
And when you reduce people to numbers, you make cuts that put real human beings in danger. IHSS is not a line item. It's survival. Thank you.
- Hanadi Anouaimi
Person
Good afternoon, everyone. My name is Hanadi from Placer County, and I'm a full time caregiver for both of my parents who suffer from a critical and ongoing medical conditions. Like so many families across this country, we rely on the IHSS, not as a luxury, but as a necessity. With this program without this program, my parents would not be able to remain safely at home, and I wouldn't be able to continue caring for them.
- Hanadi Anouaimi
Person
This program is a lifeline for the elderly, for people with disability, and for the caregivers who hold these families together.
- Hanadi Anouaimi
Person
When we talk about budget cuts, we must remember what's being cut isn't just funding. It's people's stability. It's their health and it's their dignity. We need your leadership, and we need your compassion, and we need your action now more than ever. Thank you so much.
- Gabriela Chavez
Person
Good afternoon, Chair. Gabriela Chavez with UTW, representing 250,000 home care providers across California. We wanna thank you, Senate Pro Tem Limon, Chair Menjivar, and Senate leadership for rejecting all cuts proposed in the governor's budget to the IHSS program. As you all know, this program is vital. You're seeing you're hearing from all the testimonies.
- Gabriela Chavez
Person
But we also want to, highlight that sometimes providers do not receive retroactive payment because the person may not renew after the ninety days. So it is sometimes circumstances where the person may not receive their pay even though they provided the work. So we had, like, the importance of having a notification for the provider so that when the person is losing their medical, they're also aware that there is a potential risk and that they're aware. Thank you. Hi.
- Pam Linkerd
Person
Hi my name is Pam Heenies Linkerd. I am a social worker. I'm a family member of someone who receives IHSS. I'm a caregiver. I'm many things. But what I think.
- Pam Linkerd
Person
I can contribute most to you is in my capacity as a certified benefits planner. So people who are lucky enough to receive my services in some capacity or another come to me to help them manage social security benefits, medical benefits, IHSS benefits, food stamps, all kinds of stuff. Right. And more often than not, I am cleaning up messes. Right.
- Pam Linkerd
Person
And so what I really want to drive home for you today because there was talk about making terminations automatic. This idea that terminating people and then retroactively approving them and getting all these reimbursements retro, that's not free. Right? There's an administrative cost that comes to that that could be mitigated by changing the way that we think about redeterminations.
- Pam Linkerd
Person
The just the concept that you would count on someone with an intellectual disability with dementia, with, you know, all all of the things that we're all dealing with to independently manage their own redetermination process is pretty pretty ridiculous.
- Kevin Eslin
Person
Good afternoon. My name is Kevin Eslin. I'm with the Coalition of California Welfare Rights Organizations. And the tools that they were talking about to compute the hours, they're very subjective. There's no objective process for determining the hours.
- Kevin Eslin
Person
They have rankings. And then after they do the rankings, then they have low, medium, and high. So the same person could see 2 diff 3 different workers and come up with 3 different types of hours. And if we're going to have any kind of accountability, we need to have an objective system of determining the hours. And because of that process, the subjectivity, a lot of people ask for hearings and the legal services are not funded to represent all these people.
- Kevin Eslin
Person
Therefore, they have to go to nonprofit making agencies. And the problem with the languages that they have is it violates your constitutional rights. They forced they want people to like me, I'm not a lawyer. If I represent them, I have to give it from my work product to them. That's I mean, and I have to so and the other thing is about the backup system.
- Kevin Eslin
Person
I was proposed for whatever it's worth to do supplemental report language to get everybody at the table to come up with something. Thank you.
- Rebecca Gonzales
Person
Good afternoon. Rebecca Gonzales with the Western Center on Law and Poverty. I can't possibly do testimony that beats what everybody here has already said. Just wanna say that we're opposed to the custody IHSS program to the, elimination of the backup provider system and the governor's cost shift to the counties. And also on behalf of the Californians for SSI, I wanna thank the committee for protecting the grants for this population and ask you to continue to stand strong through budget negotiations.
- Pam Linkerd
Person
And we also are in favor of progressive revenue solution so that when we do have revenue, we could bring grants up to a 100% of the poverty level, reinstitute the automatic cola, and reinstitute the special circumstances program. Thank you. Thanks, Rebecca.
- Unidentified Speaker
Person
Good afternoon, Senator Menjivar. I just wanna, let you know I am here with part of the organization, Innovative Community Collaborative. I'm asking you that you please do not touch the IHSS because that you do not accept them because this can affect not only me, but my sister, and everyone that's here from my organization. I am here standing up today because this can also affect us.
- Carolina Arzate
Person
Hi. My name is Carolina Arzate. I am a mother of 2 children with autism. And today, I stand before you to raise my voice on behalf of my children and the entire Latino community. I strongly oppose to propose cards to IHSS.
- Carolina Arzate
Person
This reduction would not only impact families like mine, but most importantly, they will negatively affect individuals with disabilities who depend on these essential services and supports every day. Please remember that people with disabilities deserve the opportunity to live with dignity and to have access to the opportunity they need in order to maintain a better quality of life. I respectfully ask you to reject any cuts to to IHSS. Please no cuts to IHSS.
- Evan Fern
Person
Good afternoon, Chairman Menjivar. I'm Evan Fern with Disability Rights California. We want to thank the Senate for rejecting all 3 cuts to IHSS in the proposed governor's budget. We do oppose eliminating the IHSS permanent backup provider program because providers are humans who get sick, have family emergencies, and take vacations. This program ensures continuity of care for people with disabilities who use IHSS.
- Evan Fern
Person
We also oppose eliminating the IHSS residual program. In our experience, the vast majority of people who temporarily move to IHSS residual remain eligible for Medi Cal. It's extremely difficult to find and retain an IHSS provider, and even a short disruption can lead to permanent loss of a caregiver and dangerous health outcomes. We're also concerned that the cost shift to counties will result in fewer available providers and fewer hours being offered, especially as they face HR 1 budget impacts.
- Evan Fern
Person
IHSS is far less expensive than institutional care, but more importantly, IHSS helps people with disabilities continue to live in their communities.
- Luis Bravo
Person
Good afternoon, Senator. Thank you so much for everything you do for the community. I really appreciate you as a constituent. I see firsthand everything that you've done and the messaging for today. What I wanted to share with you, my name is Luis Bravo.
- Luis Bravo
Person
I'm the executive director for the public authority in Los Angeles, which operates the home care registry for IHSS providers. I've been there for 16 years, so I've worked in every department you can think of. So I've heard firsthand from recipients and providers and advocates throughout the state as well as I report to an independent governing board that has a majority, IHSS recipients. So that's who I report to. That's why I'm here.
- Luis Bravo
Person
I'm here because of the recipients and providers who are part of the program. What I can share with you is that there was some information regarding the BUPS program, the the statewide backup provider system, which was not accurate. I just wanna clarify. So LA County is a majority throughout the state, almost 40% of the caseload. We operate a dedicated line for the statewide backup provider system.
- Luis Bravo
Person
We have 6 bachelor's level social workers who are assessing these cases. We we which is true. There is an LA County backup program right now, but it's less accessible than BUPS. We fill more BUPS than LA County backup attended program. What I will share with you today is the program was intended to work during COVID.
- Luis Bravo
Person
As the time has gone on, right now, if we've seen, ICE and DHS, target our communities. So if there was some sort of target against one of our IHSS providers, the program can supplement that with this continuity of care for the recipient.
- Kim Rothschild
Person
Good afternoon. Kim Rothschild representing California Association of Public Authorities. Thanks for letting me jump in earlier. I do wanna clarify that the public authorities are the ones that make the phone calls to find the backup providers. They don't just handle lists over to a consumer.
- Kim Rothschild
Person
The admin cost is high because it takes some time to find a backup provider. And because the public authority staff don't want to leave leave a consumer hanging when they call, they're scared Their provider didn't show up from an accident or an illness. The work is done to not leave that consumer in distress. And so the admin costs may seem higher than the services costs because the services cost is only that $2 differential. So I just want to emphasize that point.
- Kim Rothschild
Person
That balance is always going to be a little bit of a of a scale that's higher on admin. But the work is done and lives are being saved. So I just want to make sure that those cuts are really evaluated because I don't think that's gonna save the state any money and it's gonna leave consumers in a very bad position. Thank you so much.
- Justin Garrett
Person
Justin Garrett, the California State Association of Counties. Counties are strongly supportive of the life saving IHS program and strongly opposed to the IHS cost shift proposal. Thank you to the chair for all the concerns you shared today and for the Senate budget plan, including rejection of these proposals.
- Justin Garrett
Person
The 2019 MOE, IHS MOE was established for a couple of very specific purposes based on the recommendations of the state so that county IHS costs could fit within realignment because the program had grown, significantly outside of decisions and control of counties. And so that the health and mental health programs within realignment could continue to receive funding.
- Justin Garrett
Person
And so that is what's working today with the MOE, and any cost shift above that amount will have really detrimental impacts to, county health and human services programs. What's even more concerning is that this proposal is coming at a time when counties are facing the implementation of HR 1. Counties estimate cost impacts up to 9,500,000,000 annually at full implementation. We have a budget request this year, for 1,900,000,000 and for 4,500,000,000 the following year to address all of the various HHS impacts of HR 1 implementation.
- Justin Garrett
Person
And so any additional cost shift from the state on top of that will just have more devastating impacts to HHS programs and county budgets overall. Thank you.
- Warren Cushman
Person
Good morning. Or actually good afternoon. My name is Warren Cushman and I am with the community resources for independent living. It's an independent living center based in the Bay Area. And I just want to thank the Senator for all that she does on this topic, on all topics really having to do with social services.
- Warren Cushman
Person
We do at Creel oppose the cuts. All of the cuts that we don't want any cuts to IHSS. And we also support the proposal for reading and receiving mail. It is a challenge to read and receive mail and we hope that goes through.
- Monica Kirkland
Person
Hi, chair. I'm Monica Kirkland with Senior Services Coalition of Alameda County representing over 40 organizations that provide health and supportive services to over 90,000 people in Alameda County. And we oppose the governor's proposals to shift cost to the counties through COFC penalties and the hours cap. In addition, the unintended consequences, these hits to our county's general fund will hobble the county's ability to be the collaborative partner that we need now to mitigate the impacts of HR 1 on older adults.
- Monica Kirkland
Person
We also oppose the governor's proposals to eliminate IHSS residual program and eliminate the IHSS backup provider system.
- Monica Kirkland
Person
IHSS is a lifeline and an essential part of the aging services ecosystem. And I just wanna say, chair, I really do appreciate your approach, but also your level of care and attention to detail for really protecting our most vulnerable communities. So thank you.
- Sarom Safer
Person
Thank you. Honorable Chair. My name is Sarom Safner with East Bay Innovations. We appreciate your leadership, care, and common sense approach. Along with everyone else here, we strongly oppose the proposed cuts to IHSS.
- Sarom Safer
Person
For many, IHSS is the only thing standing between living with dignity at home or being forced into expensive, taxpayer funded institutional care. We must acknowledge that most IHSS consumers are already under assessed, not over assessed. They're already doing more with less. Shifting cost to counties will only worsen this, creating pressure to further depress our assessments for those who already have the highest needs. These needs do not go away in an emergency, and we need to have a meaningful and effective solution for an IHSS backup system.
- Sarom Safer
Person
Thank you for your partnership in working to protect the health, safety, and independence of California's most vulnerable residents. Thank you.
- Tiffany Alvarado-Perez
Person
Hello, and good afternoon. My name is Tiffany Alvarado Perez, and I'm a IHSS provider. And I'm here on behalf of my brother Dylan, who is autistic with behavior and elopement issues. I urge you to help protect IHSS. IHSS enables him to be safe at home and the community, and he deserves it.
- Unidentified Speaker
Person
Good afternoon, Senator. I'm Flor De Lisa. I'm here with some kind stop, and I'm a ISS provider from San Francisco. I'm happy to be a part of this. I support the rights of every health care provider.
- Unidentified Speaker
Person
ISS is very important to as a provider and most especially to the elder who need our help and cares. ISS program and services is our backbone, our source of income. If the government cut the budget, I'm sure our working hours will cut, and it can also affect our employer who need much hour for taking care of them and also to my family most especially. And please no to cuts on services and protect ISS. Thank you for your time, and God bless, madam.
- Pam Linkerd
Person
I just I appreciate that the department is here, but I think it's really unfair that Department of Finance left. There's a lot of people here giving public comment. And while I'm the only legislator here, their Senate plan has supported this. It's really frustrating to not have Department of Finance still stick around to hear these public comments since these are their proposals and their cuts. Please proceed.
- Anthony Bagares
Person
Good afternoon, Senator Manjubar. I am Anthony Bagares, a caregiver for 7 years, a CNA, and an IHSS provider for 4 years. So my concern is with regards to budget cut. I would just like to to know the benefits or the retirement of IHS provider, especially those who have already served for more than 3 years and above. And I guess that's all. And then no to budget cuts.
- P.J. Eugenio
Person
Good afternoon. My name is, PJ Eugenio with Samgant and, ITSS for all coalition. I work with caregivers, majority IHSS provider. The relationship that IHSS provider and recipient has is very special. The provider goes above and beyond the care for the recipient.
- P.J. Eugenio
Person
IHSS provider needs all the help resources they can get. We should be talking about getting more funding for IHSS and not cutting funds and resources. IHSS providers shouldn't worry about losing their jobs, hours getting cut, and health care. So no cuts, and please protect IHSS. Thank you for your time.
- Unidentified Speaker
Person
Hello, ma'am. Good afternoon. I'm Annalisa with Samkan, and I am an ISS provider. Please don't cut ISS because it's very important to me and my fellow caregiver.
- Unidentified Speaker
Person
be an I access provider helps me financially, and I don't want my person to lose care because I didn't need. And I also love caring for them. No to cut and protect. I access. Thank you for your time.
- Jericho Sinaban
Person
Hello. My name is Jericho Sinaban. I'm with SOMCAN and LTSS for All Coalition. IHSS program is very important. It helps countless people, and also my mom. She is a IHSS provider. Without this program, my mom will lose her job, and elderly and people with disabilities will be impacted because they wouldn't be able to get some support to what they need. So I urge you to not make cuts on this program. And also, thank you for pushing corporations to pay their share. Thank you.
- Christofer Arroyo
Person
Hi. My name is Christofer Arroyo, and I'm with the State Council on Developmental Disabilities. We are deeply concerned about the county share of cost and that it will indeed incentivize counties to reduce or deny services or eligibility. We're also very deeply concerned with the elimination of the backup provider system.
- Christofer Arroyo
Person
Because ultimately, it's an essential for many, many people, especially those with protective supervision, which includes many of those that we serve. We deeply appreciate your observation that IHSS is provided to avoid institutional, more expensive care, often that lacks dignity.
- Christofer Arroyo
Person
And ultimately, we've heard at least a few circumstances today where people have lost their IHSS because of failure to understand the paperwork or the implications between the sort of intertwining of the programs with Medi-Cal and IHSS. And so AB 2360, which is a bill sponsored by the State Council on Developmental Disabilities, is essentially a bill that can address these problems. Thank you.
- Letty Lopez
Person
Good afternoon. My name is Letty Lopez, and my son is served by ELARC. In 2004, Angel Hernandez was diagnosed with autism and a speech impairment. He was nonverbal and faced significant behavior and developmental challenges. I was told to place him in an institution, but I chose not to. It would have caused the system more.
- Letty Lopez
Person
No one will ever care for our children the way we do. Our lives revolve around advocacy, therapy, and health care to secure the essential services they need to survive, live with dignity, and have the same quality of life as anyone else. Angel soon will graduate from Cal State LA.
- Letty Lopez
Person
Thank you, Jesus. I'm proud of you, son. Behind every cut is a real person, a real life. Cuts will take away lives, opportunities, independence, and futures. This is inhumane. Medicaid IHSS services are not extras or fraud. They are lifelines to live. I urge you to protect these programs without any changes. Thank you.
- Kelly Brooks
Person
Hi. Kelly Brooks. I'm here on behalf of the Counties of Los Angeles, Santa Cruz, Santa Clara, Santa Barbara, Ventura, Riverside, and the Urban Counties of California, and the Rural County Representatives of California. We're... Yes. We are here in opposition to the cost shift to counties in the IHSS proposal.
- Kelly Brooks
Person
I don't, we would align ourselves with the comments from CWDA and SEIU earlier this morning. Thank you so much for all of the work that you're doing to try to restore IHSS in the budget process and for sitting through these hearings. We really appreciate all of this. Thank you.
- Cesilia Ortiz
Person
[Translated] Hello. Good afternoon. My name is Cesilia Ortiz. I am the mother of 2 neurodivergent adults, one of whom receives services through the Regional Center, practices self determination, and has complex medical conditions. I am also the director of Padres Unidos Por el Autismo in California.
- Cesilia Ortiz
Person
[Translated] Today, I stand here giving voice to thousands of families and neurodivergent individuals who live in fear of cuts to Medi-Cal and IHSS. I ask you to listen to the reality faced by thousands of families across California. These programs are not a luxury. They are what keep people alive. Without Medi-Cal, countless individuals would lose access to medications, therapies, and vital medical care.
- Cesilia Ortiz
Person
[Translated] Without IHSS, thousands would lose the in-home care that literally saves lives every single day. These cuts do not bring savings. They bring abandonment, hospitalizations, institutionalization, sending people back to institutions once again, and death. Thank you.
- Harrison Linder
Person
Good afternoon. Harrison Linder with LeadingAge California. I'd just like to echo all the sentiments of the great advocates here today in opposition to the proposed cuts to IHSS, whether that be through a so called cost shift or eliminating the backup provider system. And we're just very grateful that we don't have to explain to you, Senator Menjivar, how absurd and short sighted these proposals are. Thank you.
- Dan Okenfuss
Person
Good afternoon. My name is Dan Okenfuss. I'm with the California Foundation for Independent Living Centers. I'm also here as a member of the board of directors of the California Collaborative on Long Term Services and Supports. We're a statewide coalition of over 50 organizations representing consumers, providers, and advocates.
- Dan Okenfuss
Person
And IHSS is a core part of our LTSS system in California, helping older adults and disabled Californians remain safely at home. We strongly oppose proposals that would shift IHSS cost growth to counties, eliminating the IHSS backup provider system, and automatically terminating IHSS when someone loses temporarily, someone temporarily loses Medi-Cal eligibility. Thank you very much.
- Andrew Mendoza
Person
Thank you. Thank you, Senator. Andrew Mendoza on behalf of the Alzheimer's Association. Just to keep it brief, we are opposed to the cuts to the IHSS program, as we know that this is a critical support for that are living with Alzheimer's disease and dementia to age in place, which is their preference by and large.
- Andrew Mendoza
Person
And we do support your work and appreciate that you're seeking to create sustainability in this program, as we know that as the aging population rises that as does the caseload for people that are living with Alzheimer's disease and dementia. So we stand ready to work with you in a collaborative effort. Thank you.
- Caroline Menjivar
Legislator
Thank you so much. Thank you to everyone who gave public comment on IHSS. We are now going to be moving on into our next department, Department of Developmental Services, and start with issue number three. Hi. If you could shorten the budget overview on this issue, please.
- Pete Cervinka
Person
Pete Cervinka, the Director of Department of Developmental Services. Thanks for the opportunity to be here today. My ability to be brief is thanks to your staff writing my talking points in the agenda today. So I really appreciate the assessed. Lots going on in the department.
- Pete Cervinka
Person
Lots of incoming case load. I appreciate the description on the bottom of page 17 onto page 18 of the various increases in the major eligibility populations that we're serving. Page 20 has a a really clear overview table of our entire budget. Increase year over year of $2.4 billion almost entirely to fund caseload increases. And the associated services for those positions.
- Pete Cervinka
Person
They're very minor budget adjustments. Those are listed on three bullets on page 17. One is ongoing continued investment in the Life Outcome Improvement System project. We budget that project year over year. So while it says it's an increase, we took out last year's money and added in this year's money and that support is flat.
- Pete Cervinka
Person
Recognizing the state and federal budget situation, we've taken a deep look at our state operation spending. And this year, in January, transferred funding in 70 positions internally to address some important priorities, including human resources, employment, and services for people diagnosed with autism.
- Pete Cervinka
Person
And then just wanna take a moment to recognize one chapter in California history. The final employees have left the Fairview Developmental Center as that was closed in California. And so no longer having staff there results in a general fund savings of 8.1 million.
- Pete Cervinka
Person
So those are the primary budget adjustments in the agenda today. I'm happy to stop there and answer any budget questions. We do have quite a bit of trailer bill language proposed as well, which are listed in future items here. Or I can go to question two and talk about some of the standardization initiatives.
- Pete Cervinka
Person
Okay. Thank you. So again, I appreciate the summary on starting in the middle of page 21, SB 138, the legislative equity and oversight measures. There are four bullets on that page. The standard IPP template, the individual program panel template, we created one of these with associated accompanying guides. They were implemented in January 2025.
- Pete Cervinka
Person
We've had about 4,500 surveys returned. Usually, when people return surveys, they are motivated because they have something to complain about. But satisfaction with that new tool is over 80%, and over 85 to 90 on multiple of the measures there.
- Pete Cervinka
Person
We ask questions about listening, the provider choice, their ability to self direct and make decisions based on the information presented to them, and also their understanding of the information and the respect that they experienced during the process. So really proud of the team at the department and our Regional Center partners on the implementation of that. On generic services, at the end of March, it's May now.
- Pete Cervinka
Person
At the end of March, we collected input from Department of Healthcare Services, Social Services, the State Council on Developmental Disabilities, Department of Education, Association of Regional Center Agencies, County Welfare Directors Association, Disability Rights California, and several others to inform the list of generic services and making sure that they're defined in a way that's reflective of the definitions used by those agencies that provide those services.
- Pete Cervinka
Person
We will be heading next to a public comment opportunity on that definition and look forward to moving that project forward a little bit more. Standardized respite assessment is our most commonly authorized service. And we are working on a tool there.
- Pete Cervinka
Person
We put out a tool late last year, got a lot of public comment on it, revised it. We've done field testing since February. It just concluded in April. Teams are going through the data. The feedback that we have both from Regional Centers administering it as well as families who have participated in that data collection for the respite tool is overwhelmingly positive as well.
- Pete Cervinka
Person
So we're happy that we were able to incorporate a lot of the feedback we received. We will be going out to share the results of that second pilot test. There's some analysis that needs to be done. What the results of that assessment for individuals means relative to what they're currently authorized for and how that will be managed. But we are confident that we are well on our way to a good assessment tool there as well.
- Pete Cervinka
Person
The big bugaboo in all of these is the intake process. It's vastly more complicated than I think anybody imagined. We are well behind the January 2025 milestone for that. And we are looking at kind of standardizing chunks within the intake process.
- Pete Cervinka
Person
What qualifies as intake, how it's defined, and the timeliness measures at different cut points used across Regional Centers have made this one really difficult. And we wanna make sure that it's clear and understandable for the families going through intake as well.
- Pete Cervinka
Person
So we're trying to do this one not fast but right because it's important to get it right. On the top of page 22 is the last effort. It mentions we're phasing in a standard vendorization process. I will offer we rolled it out statewide December 1 as optional for Regional Centers and providers to use, but it's been mandated since March 1, to good effect.
- Pete Cervinka
Person
There's a lot of learning there as we go through that, but really proud of the partnerships that made that happen across Regional Centers and service providers with us as well. There's lots of tie ins with other things that we're doing there. Happy to stop and answer questions on any of those.
- Pete Cervinka
Person
Alright. Number three, obviously incredibly important given the federal environment that we're facing. Work requirements explicitly exempt people with intellectual and developmental disabilities. So essentially what's happening here is that information about our population is being given both to Social Services for CalFresh and to DHCS, Health Care Services for Medi-Cal.
- Pete Cervinka
Person
And they will be providing files uploaded into the statewide welfare systems that counties operate. It's the intent to auto exempt people so they don't have to provide paperwork, pay stubs, any of that stuff. They should be flagged as automatically exempt from work requirements.
- Pete Cervinka
Person
There's a whole bunch of community engagement and education materials that will be part of that. The data that we do have is usually lagged by the time it transfers and gets matched through the process by about a month. So we have new people in intake all the time.
- Pete Cervinka
Person
So we are gonna want our population to be aware of what they might be asked for and how they should respond to it. So there's a whole level of effort happening there. We are confident this is gonna happen. Work requirements in CalFresh, we think the data that we're transferring will be uploaded in the August based on conversations with Department of Social Services and the counties that operate that program.
- Pete Cervinka
Person
And that's more than enough time for those auto flaggings to happen before the first people can lose their CalFresh benefits on March, I'm sorry, on October 1. Medi-Cal is a couple months behind that, but similarly confident in our ability to get the data match uploaded based on what we know today. So really proud of the ability to at least do that kind of protection for the work requirement aspects. Happy to answer questions on any of the things talked about.
- Karina Hendren
Person
Sorry. Good afternoon. Karina Hendren, LAO. We've been asked to provide some comments on this budget overview related to our analysis that was published in March. Specifically, we'll focus on two issues. The first is spending growth in DDS and the drivers of that spending growth.
- Karina Hendren
Person
And then the second is HR 1 implementation. First, the agenda notes that the DDS budget has continued to experience significant year over year spending growth. Given the projected structural budget deficits over a multi year period, we recommend that the legislature examine general fund spending across the budget, including in DDS.
- Karina Hendren
Person
Understanding the major drivers of DDS's spending growth can inform the legislature's deliberations about its priorities over the coming months and years. And this can also help the legislature better understand the fiscal dynamics of the program to contextualize any future spending adjustments.
- Karina Hendren
Person
In our analysis, we identified four main drivers of year over year cost growth in DDS. These include caseload, available services, utilization of those services, and the rates paid for services. This is similar to other health and human services programs, but what makes DDS unique is the Lanterman Act, which influences all four cost drivers.
- Karina Hendren
Person
The Lanterman Act essentially operates as an entitlement, giving people with IDD the right to receive services and supports to help them achieve their goals. The department provides some data on the four spending drivers, but publicly available data are fairly limited. And the data that are published are presented mostly on an aggregate basis.
- Karina Hendren
Person
This means that the legislature's ability to understand spending drivers at a more nuanced level is limited. Importantly, the department does not currently publish detailed data on the utilization of services. Because of this, the legislature lacks information on the number of consumers using a particular service and at what intensity the service is being used.
- Karina Hendren
Person
Without ready access to richer utilization data, the legislature can only draw narrow conclusions about trends in the program. And additionally, the legislature is constrained in assessing programmatic impacts and trade offs of any proposed spending adjustments.
- Karina Hendren
Person
Either spending proposals or budget solutions. Lacking robust data on program dynamics, the state in previous periods of budget challenges enacted budget solutions that were not targeted well to minimize adverse program impacts. Such previous budget solutions included across the board provider rate reductions.
- Karina Hendren
Person
Going forward, richer data could help the legislature take a more targeted approach to minimize programmatic harm, retain services to the extent possible for consumers with the highest needs, and reduce the potential for increasing disparities among consumers.
- Karina Hendren
Person
And to this end, the legislature could consider collaborating with the department to establish a more robust public data reporting requirement. Such data should be, on the one hand, administratively feasible, but also help the legislature be more informed when working with the administration on any spending adjustments going forward. Any questions on the first one?
- Karina Hendren
Person
Okay. Alright. I'll go on. Issue two is HR 1 implementation. This is shorter. So as the administration noted, DDS consumers are exempt from the HR 1 work requirements. But the degree to which these exemptions are successfully implemented will depend on the administration's approach.
- Karina Hendren
Person
The director noted that the department is working across other HHS departments on the exemptions. But we do wanna flag that any potential errors in the exemption system could disrupt individuals access to coverage. And there could also be broader fiscal implications for the state.
- Karina Hendren
Person
This is because any loss in Medi-Cal eligibility will reduce the amount of federal funding that DDS can claim for Regional Center services. Additionally, loss of Medi-Cal coverage could create fiscal pressures for Regional Centers to pay for some health care services at 100% general fund cost if no other source of care is available.
- Karina Hendren
Person
The department's January budget projections for the budget year do not incorporate any of these potentially added costs due to the changes in HR 1. The legislature will likely want to engage in ongoing oversight to ensure that all individuals served by DDS and Regional Centers are correctly exempted.
- Karina Hendren
Person
For example, the legislature could ask the department whether there might be a role for Regional Centers to educate individuals served and their families on the upcoming changes from HR 1. The legislature could also ask whether the department would be able to identify whether any future cost increases could be attributed to HR 1 for the purposes of budget planning.
- Caroline Menjivar
Legislator
Thank you. So if we lose federal funds for any of these services, we'll have to absorb it with general funds. Everything.
- Karina Hendren
Person
Yes. Our understanding is that Regional Centers as a payer of last resort would have an obligation to provide services if they were not available from any other source. We do wanna flag that we've heard from stakeholders and advocates that the degree to which Regional Centers can backfill these services sometimes varies in practice. And so it's not necessarily consistent across the board, but it would create fiscal pressures.
- Caroline Menjivar
Legislator
Okay. Director, let's start backwards with that first one. So we're assuming a 0% error rate with those 15, approximately 15,000 people that are need that need to be exempted.
- Caroline Menjivar
Legislator
Okay. Where does the confidence come from? So what you shared, is like you're working across, you know, you're gonna meet the October deadline and the couple months after that. But what exactly is gonna be is gonna be the automation? Like, do we anticipate to start right at October? Is there a test run for that? Like, how do we, are you able to share a little bit more?
- Pete Cervinka
Person
Yeah. Absolutely. So obviously, we're confident in who we serve. And we are confident in who we believe is subject to the work requirements among the adult expansion population in Medicaid. So when when we provide a 100% of our case file to either of the two departments for the work requirement issue, we're confident that that data will be passed on to the statewide automated welfare system for processing with individuals.
- Pete Cervinka
Person
As I understand it, it's essentially gonna be a flag that allows those questions to be bypassed with the individuals in front of people. And again, it's most of the case load that is not subject to work requirements.
- Caroline Menjivar
Legislator
So your role is only gonna be as DDS is to put together that data of the 15,000 people and send it to both departments?
- Pete Cervinka
Person
Among other, in terms of auto exemption, yes. I mean, I mentioned in my opening remarks, there's a bunch of public education, etcetera. We do intake all all the time. Every month, we have new people joining. And the timing of that may not line up with a data match.
- Pete Cervinka
Person
So we need to be prepared for all of that. But I guess what I wanna say is please be assured we're on top of this one. It will be tested. And appreciate the partnership of the many departments and counties that will make this a reality on the ground for our population.
- Caroline Menjivar
Legislator
And it'll be a monthly ongoing automation as more people fall into the eligibility pool?
- Pete Cervinka
Person
Yep. My understanding is that we will be doing an ongoing evaluation of that. Yes.
- Caroline Menjivar
Legislator
Can you respond to LAO's first comments regarding the lack of data that exists to adequately gauge the utilization, services offered, future policy, potential budget solutions, so forth?
- Pete Cervinka
Person
Yeah. I mean, in a nutshell, I would say we're really proud of the steps forward we've made in transparency at the department over the last few years. We have spun up a lot of new reports, new dashboards in particular. We do have all the data on utilization. Privacy protections come into play in terms of what we do publish.
- Pete Cervinka
Person
I'm not aware that we've turned down a data request or been unable to answer something. Sometimes it does take a while. But there are things that we are working on. I had other remarks if time allowed to talk about a forthcoming equity dashboard that we announced in our monthly newsletter.
- Pete Cervinka
Person
And we also have, you know, over the past couple of years also developed various versions of what we would call a utilization dashboard as well. So much of the data that they're seeking or potentially interested in, we're happy to partner on what's desired and how to prioritize it and put it in usable form.
- Caroline Menjivar
Legislator
You so you're you feel that the level of data transparency that exists right now from the department is at the level that is needed?
- Pete Cervinka
Person
I haven't been told otherwise, but I'm always more is better. I understand that too. I'm a big fan of that myself.
- Caroline Menjivar
Legislator
So you're saying this is the first time you've ever heard this feedback?
- Pete Cervinka
Person
There's been a long push for more transparency. I'm not saying they're wrong. That's not what I'm trying to convey. What I'm saying is that more can be better. And when people ask for stuff, we have attempted to be responsive to provide it. We have dashboards on our 4731 rights complaint process. We have new dashboards on our service and eligibility appeals process.
- Pete Cervinka
Person
We have a comprehensive dashboard with data going back to 2015 that shows case load in our programs and allows sorting for privacy limited number of filters at a time, but by race, by ethnicity, by diagnosis, by Regional Center, by age. So we've put a lot more information out there than we have previously. Can we do more? Absolutely. No argument, and happy to engage in that conversation.
- Caroline Menjivar
Legislator
What does that process look like? Like, if it's a, it's not a one time request data like if to add more to the dashboards.
- Pete Cervinka
Person
I think depending on what it is that we agree needs to be produced, we can we can have that conversation.
- Caroline Menjivar
Legislator
Well, for example, utilization. That's one of the things that was brought up by LAO just now. It's the services that are offered and the utilization of said services.
- Pete Cervinka
Person
Yep. We have that utilization data in inside the department. Obviously, we produce expenditure reports. So we know how much we've spent. We know how much we've spent on each individual. Each individual gets that report themselves every every year.
- Caroline Menjivar
Legislator
I can imagine you have it. Let me rephrase the question. It's the public facing transcript.
- Pete Cervinka
Person
If you want it, let's talk about how to get it to you. How often and in what format. Happy to engage in that conversation.
- Caroline Menjivar
Legislator
I'm engaging right now, sir, director. I'm just I feel like I'm not getting a proper response here. A little work around here.
- Pete Cervinka
Person
What what are you asking for? We can meet next week with the staff if that's what you're asking.
- Caroline Menjivar
Legislator
Well, we're here now. So I'm just wondering the process for that. Like, is it that the legislature then just needs to request to you like, hey, we need to make sure we have this on the dashboard to add ongoing utilization so we have a better understanding of what services are being offered.
- Karina Hendren
Person
No. We don't... Karina Hendren, LAO. We don't have any specific recommendations for like the format or the exact content or the vehicle used to achieve it. But more just getting the conversation going and making sure that it's workable both from the legislature's perspective and the department's perspective.
- Caroline Menjivar
Legislator
The reason why I'm stuck on the services because that's just a thing that I hear all the time. Right? It's the services, what services are offered, the utilization. And that's one of the big concerns I hear from advocates and consumers. So if that's the case, I guess I didn't know. This is first I'm hearing.
- Caroline Menjivar
Legislator
That gives it away that I did not read all of that. That's terrible. That we like that data. So if that's the case, then I think we should move forward to ensuring that we have data that can better help us with policy and what we what gaps need to be filled.
- Pete Cervinka
Person
I'm trying to be brief in my remarks, but I could talk all day about this. On service codes in particular, legislative staff in our quarterly briefings for them have been told that we're working to standardize the categories for our service codes. We talked about them differently across the budget and the research and the program areas. We now have those buckets fairly well defined. For privacy reasons, we have eight different service codes, for example, for respite services.
- Pete Cervinka
Person
When we publish it, we would wanna publish respite as a single line, not the individual detail of the eighth to protect privacy. That's the planned addition for example to our comprehensive dashboard. So we have lots of stuff like that in process. I have nine equity measures we could talk about today. There's lots of stuff that we can do here. You just need to let us know what you want and we will do our best to produce it.
- Caroline Menjivar
Legislator
Okay. On the DSP work force, I know the university program just kicked off recently. And then can you expand a little bit more on that program? Like can you remind me, I guess?
- Pete Cervinka
Person
Sure. At a at a super high level, we have created it's called EDGE. Don't ask me on the spot for the explanation. But it's basically an online training platform. We appreciate our partnership with Sac State in designing and building that. On that platform are a number of courses for direct support professionals.
- Pete Cervinka
Person
As they complete those, they get a certificate for that and we are still working through the compensation that they would receive as a result of completing those courses. Right now, so it's designed to be like a tier one, tier two, tier three. As you progress through the series of courses, I think we're planning over 20 courses ultimately. And we have part of tier one up and online now. I believe three or four courses are live on that platform.
- Caroline Menjivar
Legislator
Because can you elaborate? You say you're still working on the compensation. So since March, could have someone already taken a course and not been compensated for that already?
- Pete Cervinka
Person
So we have a few things to figure out on that front. When this was originally created, it was envisioned as a tiered hourly wage compensation. That's incredibly administratively complex. You can imagine somebody's hours vary during the week if they work for an SLS provider. Some of their hours might be IHSS hours and other hours would be with DDS.
- Pete Cervinka
Person
Who pays the differential on what hours becomes a nightmare or people with multiple providers. So we're rethinking the compensation model. I think at the moment, we are leaning toward exploring the ability to transfer a data file from the DSP University platform to a pay card issuer who could issue a regular recurring maybe quarterly stipend or something to a worker.
- Pete Cervinka
Person
As long as they're still employed, it would be simpler for everyone involved to do that while still providing that. But there's still some stuff to work through. We haven't talked enough with the community about what will work, including our partners in labor, but the service providers who would need to validate employment, etcetera.
- Pete Cervinka
Person
So there's still a bit to unpack there. And we also think starting small the way that we have is a good opportunity to learn what works and what doesn't work with the platform itself. So that when we are ready to roll all of the courses out with a compensation model, it's the best that it could be.
- Caroline Menjivar
Legislator
Are participants made aware that currently right now if they take a course, they won't get compensated right away?
- Caroline Menjivar
Legislator
Okay. And then for the one that is launching, the second part is the bilingual pay differential. Is that gonna see the same kind of pay?
- Pete Cervinka
Person
Our thinking is aligned there as well that the compensation model needs to be different. We have a pilot running actually with three or four Regional Centers in the LA area for bilingual for over a year and a half. And the administrative cost is over 25% of the program. And it's really quite painful for the people involved to issue that compensation. So we're looking for a better way to crack that nut. We'd like to do it right.
- Caroline Menjivar
Legislator
Is there a test that you have to qualify to be eligible for the bilingual pay?
- Pete Cervinka
Person
Yes. There's an exam that you need to pass for bilingual competency.
- Caroline Menjivar
Legislator
Okay. And then the last thing I'll bring up is, you mentioned the intake was the standardization intake. I remember this has been one of our sore subjects in this process. But what have we done differently since our last conversation and since we've been knowing that that's our most difficult part? Where have we advanced? Because I feel like the same things I've heard were the same things we heard last time.
- Pete Cervinka
Person
So I didn't come personally prepared to dive into a ton of detail. I am happy to get back to the committee with detail on what we've done. We have broken the intake process into four or five phases and structured them to follow each other. We are still working through phase one of those phases publicly. I would have to get back to you to be more articulate on exactly how that's progressing. It is much slower than any of us would...
- Caroline Menjivar
Legislator
You're in Senator Menjivar's hearing who dives into the details. To not be prepared for these questions I think is a little disappointing. Because I do ask a lot of questions here. And this is the only public hearing that, you know, on I'd love the public to hear where we are on these things. So in the May Revise, I would like for you to come back and be able to expand on that and not have assigned...
- Pete Cervinka
Person
The department will be prepared to respond to that with more detail. Thank you.
- Omar Sanchez
Person
Just before we move on from this issue, just on the reporting requirement, just for any reports or requests for information, just to make sure that's gonna go through the normal budget process and any follow up. Yeah. Thanks.
- Caroline Menjivar
Legislator
I just wanna know the actual... Yeah. Even though the next issue is on Regional Centers, before we bring up the rest of the people who are going to be on this panel, director, see if you're able to I wanted to bring up the issues that I've been hearing just from our workers at the Regional Centers. I wonder, you know, how we were addressing, let's see where my questions are. The turnover that Regional Centers are seeing with the workers.
- Caroline Menjivar
Legislator
There's a lot of new people that are consistently having to train. The case load with each regional worker, and just because of all that, a lot of families still are having trouble hearing back from them, and it's not because the case workers don't care. It's just it's a huge turnover. Is there anything the department is looking at in addressing this ongoing issue?
- Pete Cervinka
Person
Yeah. There are multiple things. First, Regional Centers have made progress in the last couple of years. We put a couple on special contract language as well for this. They've made big strides in their caseload ratios. So one, I think there's progress in a positive direction.
- Pete Cervinka
Person
Two, we've also engaged Regional Centers on a potential funding model update. As you may be aware, they're operating under a 1990 funding model. And there are things in there like computer punch card operators that just don't apply today. So a proper funding structure that gives them the resources necessary to do the work is always part of that as well.
- Pete Cervinka
Person
There are many things that touch on the workers' ability to do their jobs. The Life Outcome Improvement System or LOIS project will provide some IT resources. Standardizing the intake process statewide has automated some of this stuff for them.
- Pete Cervinka
Person
And there's quite a bit that I could say there in terms of their ability to be responsive. It continues to be a struggle. And as you can imagine, when you have a large case load, it's a lot to keep up with. It can be demoralizing and the the people that you're dealing with can be frustrated with you. So it's a...
- Pete Cervinka
Person
It's a constant hiring. We see this in many government supported programs. Counties deal with turnover as well.
- Caroline Menjivar
Legislator
And then how happy are we with this just 21 Regional Center structure that we have? That's been in place for its inception and the people eligible for these services continue to grow, but the reach, the locations don't.
- Pete Cervinka
Person
How much time do you have? That's a long conversation. We don't have a, first, we don't have a proposal to change it. There are 21. That's written into statute, and it's been that way for years. Two, I think despite what we hear about problems with Regional Centers, the vast majority of people served by Regional Centers are in fact happy with what they're getting.
- Pete Cervinka
Person
We have made improvements. We have surveys and data consistently every two years that tell us that. National core indicators, that's also up on our website. Modern dashboard as well. Are there problems? Absolutely, there's problems. But we routinely see that number at 85%.
- Caroline Menjivar
Legislator
What would, what would be needed for another Regional Center? Obviously, a location. And then what... I mean, these are quasi governmental agencies. Is it just the fact that you need to find a building and then...
- Pete Cervinka
Person
Well, I mean the implementation of something like that is significant. It also matters whether you're creating one from scratch or whether you are taking an existing one and merging it with another one or splitting a large one.
- Caroline Menjivar
Legislator
That would bring it down to 20. We don't want less, we want more if you're merging.
- Pete Cervinka
Person
Possibly so. Yeah. Possibly so. Well, our smallest one serves about 6,000 people and our largest one is about 56,000 people. So there's 10 to one size difference between our largest and smallest.
- Pete Cervinka
Person
There are efficiencies of scale and there's, you know, the appearance of bureaucracy on the other end of it. So there's a lot to unpack there. Not all Regional Centers have labor agreements. Geographic accessibility for the people to be served should be a consideration. There's lots of things to unpack in that question.
- Caroline Menjivar
Legislator
Okay. Thank you. I would like to invite the rest of the panelists for issue number four on the Regional Center oversight.
- Pete Cervinka
Person
Okay. I will be short in the respecting the the panel next to me, but I'm happy to expand if that's useful. On page 24, there are four numbered items there that lay out the components of this trailer bill. One is improvement proposed improvements to regional center board governance. The other, just consistent with what we do in social services and health care services in terms of fiscal allocation, being able to do that by allocation letter instead of a formal contract amendment is definitely a administrative workload reduction.
- Pete Cervinka
Person
But I would also call out the ability to be nimble in response to federal happenings and move money where it needs to go more quickly is part of that. Regional center performance, we now have a base regional center contract. We have a regional center performance contract, and we have regional center performance measures. Those really all ought to be in one place, and we're working toward that to create a standard consistent performance expectations.
- Pete Cervinka
Person
We have things that are sound similar but have small nuances in the law that make them different.
- Pete Cervinka
Person
We need we need to collapse those through a community engagement process. And then vendor requirements is perhaps the smaller piece here, but eliminating what's known as courtesy vendorization. If I've approved you to do business with me, you should be able to provide that same service to Judy to my right without having Judy approve you to provide that service to her as well. So that's the basic concept we're after.
- Pete Cervinka
Person
We have a March 2028 effective date for that elimination because there are some things that need to be talked through in terms of quality assurance monitoring and rate setting, etcetera.
- Pete Cervinka
Person
And then removing an outdated requirement that a physical location be maintained in each regional center that a service provider provides services to unless it's required for the service. Obviously, if it's a residential home, they need a physical location. But if you're a speech therapist who travels across regional center boundaries in the LA Basin, you shouldn't have to have a physical location in each of the regional centers that you might be serving clients from.
- Pete Cervinka
Person
So overall as a package, these are things both administrative simplifications but also strengthening the operation of board. The next two and a half pages in your agenda provides significant detail here.
- Pete Cervinka
Person
The overall intent, almost every single regional center now has a budget in excess of half 1,000,000,000 and several have budgets above $1,000,000,000. We're seeking that the Board Members have the competencies they need to properly oversee the resources they're entrusted with for the service, excuse me, of the individuals and families ultimately. So there's a lot to unpack in this. But happy to answer any specific questions that that may be or
- Caroline Menjivar
Legislator
Can you answer number two a little bit more in detail? The rearrangement of the board and the rationale, why the department is looking to do that. Yeah.
- Pete Cervinka
Person
So part of the proposal, was really a focus on the competencies and training and the support provided to Board Members. We viewed that as more important than the composition of the board itself. And I will reiterate that, we continue to believe that no matter who is on the board, the competencies that we expect them, the training they expect, and the support that they receive is far more important than who they are. We understand there's a lot of competing feelings about that.
- Pete Cervinka
Person
This is not some suggestion that the voices of individuals and parents as current law calls it, but family members is somehow unimportant here.
- Pete Cervinka
Person
With a board member, it could be a the board, even under our language, could be a 100% individual and family members so long as the competencies are maintained. So I don't know if
- Pete Cervinka
Person
you want me to say more about that but, really that's what we're after there.
- Caroline Menjivar
Legislator
Yeah. A little bit more and then if you can answer number three as well, please.
- Pete Cervinka
Person
Yeah. Okay. The competencies are displayed on page there we are on page 25. We're looking for boards to have access to legal expertise, management expertise, board governance expertise, fiscal and financial expertise, and knowledge of the administration of developmental disability programs. We're also asking that the boards reflect the disability characteristics in the catchment area, not just the the race and ethnicity and geography of the catchment area.
- Pete Cervinka
Person
The last bullet on page 25, I think I just talked about saying it's more important that the competencies exist. On the top of page 26, it it mentions the training mandate. There are roughly 12 to 15. I didn't count them but everything that you might imagine from a description of the catchment area, who's in there, how big the regional center itself is in terms of a workforce. Two things like Robert's rules of orders for parliamentary procedure.
- Pete Cervinka
Person
What's an open meeting? What's an allowed closed meeting topic? All All of those kinds of competencies. What are the right fiscal questions to ask? What's an audit?
- Pete Cervinka
Person
Where does the money come from? All of these things we ask seek to have Board Members become competent and as part of their role and responsibility to the organization. We have in the language provided time through to July 2027 for compliance with that proposal. We've also, proposed mandating a consumer advisory committee. Not all regional centers currently have one.
- Pete Cervinka
Person
We are proposing, that that committee, of consumer advisors, be able to appoint two of its members to the governing board. Just like the way a vendor advisory committee, which are mandated, has a member currently on the governing board. We've also provided some standards and metrics for the annual evaluation of the executive director to provide some consistency in the expectation of those. The second to last bullet on page 26 talks about an inflation adjustment.
- Pete Cervinka
Person
Contracts currently under a quarter million dollars are exempt from review and approval by the board.
- Pete Cervinka
Person
And it hasn't been inflation adjusted in many, many years. And so I believe the actual inflation number would be about $363,000 but we said $3.50 for round number purposes with an every five years increasing $50,000 after that. We also have seen in our observations of regional center boards that it would be helpful for them to have independent legal expertise that's not employed by the regional center itself.
- Pete Cervinka
Person
Because that council is for example, writing the employment contract of the executive director of the regional center shouldn't probably be done by the attorney who works for that regional center executive director. So that independent advice, but also on board operations, conflict of interest monitoring who maybe needs to recuse themselves, ensuring appropriate public notice of the meeting, and the appropriate record keeping for closed sessions and things like that.
- Pete Cervinka
Person
So we're proposing that each board be required to at least employ or retain legal counsel.
- Caroline Menjivar
Legislator
K. And then on the number three, there's a couple of questions specific to guardrails.
- Caroline Menjivar
Legislator
Yeah. It's the second part of that question. How will you ensure Yeah.
- Pete Cervinka
Person
Yeah. Absolutely. So so part of the answer to that is standard vendorization. Because we're putting providers through a standard statewide process. The point of having multiple regional centers re vendorize and put people back through that process is rather unclear.
- Pete Cervinka
Person
So the standardization of the vendorization process was done in consultation with regional centers and service providers to establish kind of what's expected, what's required in that process. So that's a big one. There are some follow on activities and a couple are named here like quality assurance where we have things that I think we need to work through.
- Pete Cervinka
Person
If Aye, you know, you approve me as as your vendor and and somebody else is involved, who's responsible for the quality assurance visits to make sure that everything is a fine there? Is it the courtesy the the vendor the regional center using that service or is it me as the original vendorization rendering regional center?
- Pete Cervinka
Person
Excuse me. So that that particular language also provides a date of March 2028 so that there's a little bit of time for those things to be talked through before they're implemented. Our our interest is minimizing burdens on service providers. I don't need to tell you if we're adding 60,000 people that we need burdens as low as possible while maintaining safeguards, of course, to expand that population. So some conversations need to happen on some aspects of this.
- Pete Cervinka
Person
Also, the type of service will matter which rate gets paid for it. So we need some things to unpack Okay. Yet. But it's a move in the right direction with direction and time to to allow those conversations to occur before anything's implemented.
- Judy Mark
Person
Good afternoon, Chair Menjivar. My name is Judy Mark. I'm the president of Disability Voices United. We're an advocacy organization led by and for people with disabilities and our families. I'm also the mother of an amazing 29-year-old old autistic son who depends on the regional center system.
- Judy Mark
Person
His life has been transformed by the self determination program, and I wanna say that upfront, including moving into his own home with round the clock support two years ago today. We call it freedom day. The trailer bill language before you is long and complex. But the real question that I think this committee needs to ask is who is the regional center accountable to?
- Judy Mark
Person
Disability Rights California, the State Council on Developmental Disabilities, the Integrated Community Collaborative, and my organization, DVU, have offered a set of amendments united we are united on accountability because we believe this moment matters.
- Judy Mark
Person
We appreciate DDS's willingness to work with us, but we need the legislature's partnership to ensure the system truly works for the people it was created to serve. Regional centers are entrusted with carrying out one of the state's most profound responsibilities, ensuring that more than half a million Californians with intellectual and developmental disabilities have dignity, autonomy, and live safely in the community. Because regional centers exercise so much power over us, oversight cannot be symbolic.
- Judy Mark
Person
It must be real, and it must center the voices of the people most impacted. Right now, our system is $21,000,000,000, but too many self advocates and families are still fighting just to get basic services.
- Judy Mark
Person
Your district office knows this because you received the calls. Parents desperate because their child has sat at home for years without meaningful opportunities. Latino families facing enormous disparities in purchase of services. If the current oversight system were truly working, these inequity inequities would not persist year after year after year. DDS's proposal focus focuses heavily on increasing the number of professionals on regional center boards, but professional expertise alone will not fix a broken oversight culture.
- Judy Mark
Person
If we are not careful, we will risk losing the very thing that has made the regional center board so unique, lived experience. The Lanterman Act was revolutionary because it recognized that people with disabilities and their families are not passive recipients of services. We are partners, we are leaders, and we are watchdogs. Yes. Lawyers and accountants have value, but no spreadsheet can replace the inside of a parent who has fought for their child services for twenty years.
- Judy Mark
Person
No professional credential can replace the wisdom of a of a self advocate who has lived through segregation and exclusion. Lived experience is not a deficit. It is expertise. The problem is that many boards are not given the tools they need to succeed. I once spoke with a regional center board chair about her responsibility to supervise the executive director, and she replied, but we aren't literally the supervisor.
- Judy Mark
Person
Yes. You literally are. That moment has stayed with me for years because it revealed something much bigger. That boards cannot provide meaningful oversight without plain language, consistent, ongoing training and mentorship, and individualized support and facilitation. And inclusion is not simply seating a self advocate at the table and hoping for the best.
- Judy Mark
Person
Recently, I asked some long time self advocates who had served on regional center boards whether they understood what they were voting on. Every single one said no. They told me they just often voted the way everyone else did. That is not inclusion. That is tokenism.
- Judy Mark
Person
If we want authentic oversight, people with disabilities and family members must be empowered and supported to lead, not simply show up and rubber stamp things. Our Board Members also must be protected. No one should fear retaliation for speaking up. No parent should worry about worry if they ask questions of their executive director that they could jeopardize services for their child. The fear is real in our community.
- Judy Mark
Person
That is why we are asking for strong anti retaliate retaliation protections and grievance procedures for Board Members. But oversight also requires accountability through meaningful performance measures. For years, regional centers have provo reported data, but too often nothing happens when goals are not met. A performance measure without enforcement is just paperwork. If a regional center consistently fails to reduce disparities or ensure timely access to services, there must be real consequences and timely corrective action.
- Judy Mark
Person
We cannot continue shielding institutions from embarrassment while individuals continue to suffer. We need a culture shift from protecting systems to improving outcomes. Because at its core, our system exists because of people with intellectual and developmental disabilities and their families. So do not weaken our voices in the name of reform. The system is accountable to us.
- Caroline Menjivar
Legislator
Okay. Going over to you, Amy. Nice to see you. Can it spend a little while?
- Amy Westling
Person
No. There we go. Okay. Good to see you again, Senator Menjivar and appreciate the opportunity for a robust discussion on this. Also, much appreciation to staff for the development of the agenda and all the work that goes into that.
- Amy Westling
Person
My name is Amy Westling. I'm the executive director of the Association of Regional Center Agencies and I have the honor of working with and representing the 21 regional centers here in the state of California. I'm gonna take the issues kind of quickly in roughly the same order that director Trevanka did. So fiscal allocation letters really appreciate this proposal. As director Trevanka said, we are in a dynamic world.
- Amy Westling
Person
And, while the at the state level budgeting is really, good and tight, things happen at the individual regional center level where we need things to be more nimble. And, the allocation letters would allow for that and not create disruptions in paying vendors who have provided services. In terms of regional center performance, the key is to ensure that the measures that are developed have well defined metrics to track progress and opportunities for improvement over time.
- Amy Westling
Person
We've been a long time proponent, especially related to equity measures of clear and consistent definitions of how success is measured. And it is no easy feat taking aspirational goals that people have for the system and distilling them down to consistent metrics.
- Amy Westling
Person
We very much appreciate the thoughtful approach to the measures that were released for fiscal 2627. They were released on March 26 and they're consistent with what is proposed here in the trailer bill language. They include over 40 measures in a number of areas including community integration, the experiences of young children and families, employment, equity, website accessibility, individual and family experience and satisfaction, person centered planning, overall service coordination operations, which includes things like audit standardization, service coordinator training and competency.
- Amy Westling
Person
And I could go on and on and on. The point is that having a way to look at a snapshot that tells you which regional centers are doing well in what areas helps us all.
- Amy Westling
Person
Because it allows us to say these centers are measurably, improbably doing well in these areas. And it allows us to look to those centers for best practices, in specific areas that people have told us are important. In terms of regional center boards, we need to balance the insight and perspectives from those with lived experience as miss Mark said. With the practical needs of a board, for skilled oversight of major corporations as director Trevanka said with many with over $1,000,000,000 budgets.
- Amy Westling
Person
Balancing board composition requires thoughtful and careful onboarding of members who bring various demographic characteristics, which is and should be done by board nominating and development committees.
- Amy Westling
Person
We agree every regional center needs an advisory committee of those served, But we also agree that in order for it to be effective, it's staff support and that of Board Members, whether disabled or not. Because let's be honest, this is a complicated system. It is not just people with but that support cannot be anyone's other duty as assigned. It needs to be their full focus, but regional centers will need funds to support that as well as the proposed, board attorney requirements.
- Amy Westling
Person
And then I wanna spend the remaining portion of my time talking about, the proposed changes to vendorization.
- Amy Westling
Person
ARCA appreciates the need to remove barriers to service provider expansion. We're growing rapidly. I've heard, miss Hendren from, the LAO mentioned it, director Trevanka. The system continues to grow, which is good in that we are identifying people who meet our eligibility criteria and who need the support of the regional center. But what this means is that we have to remove barriers to service provider expansion, particularly given this rapid growth.
- Amy Westling
Person
Life does not need to be dictated by regional center catchment area boundaries, which the standard, which the standardized vendorization process and rate model implementations will help with over time. Similarly, as director Trevanka said, not all services require a physical site. But we can't forget that regional centers do play an integral role in setting service expectations, providing rate setting, conducting quality assurance and improvement activities, and following up on reported special incidents.
- Amy Westling
Person
This work is based on long term relationships between the regional center and the service providers that support their area. These relationships are critical to evaluating the effectiveness of overall service delivery, including HCBS compliance and having tough conversations about areas for improvement.
- Amy Westling
Person
They are the jumping off point for brainstorming about innovation and building upon what works to achieve better overall outcomes for those we serve. Recently, I had the honor of attending a retirement event for a long time regional center, manager or a member of the management team. And the room was full of service providers who were crying saying we're going to miss you so much. Because they together had built a community.
- Amy Westling
Person
A community that was one service at a time about improving the lives of the people that were served by that regional center.
- Amy Westling
Person
Even if those services were not contained within four walls. So even independent living services, residential services, day services, employment providers. They all see this as a partnership with the regional center. And the regional center understands that a big part of their role is holding those providers accountable. But also building them up and helping them to provide services that are, of the quality that everyone served by our system deserves.
- Amy Westling
Person
Much like with the proposed regional center board changes, we have to adjust our systems to meet today's needs. But we can't lose sight of what makes our system and its partnerships unique and effective. I appreciate the opportunity to be here this afternoon. Thank you.
- Caroline Menjivar
Legislator
Thank you so much. Anything to add to Department of Finance?
- Unidentified Speaker
Person
One more attention to Department of Finance. Nothing further to add.
- Karina Hendren
Person
Karina Hendren, LAO. We do not have any concerns with the fiscal allocation letter component of the trailer bill. And then for the remaining content on the regional center oversight, we don't have any comments at this time.
- Caroline Menjivar
Legislator
Okay. Thank you so much. Director, can you share a little on the board recompensation or recomposition of the board? The Letterman Act wanted it to be consist of people who had this lived experience. But the TBO now encourages people with lived experience.
- Caroline Menjivar
Legislator
Not mandates people with lived experience. How do you balance the intent of the Letterman Act with now the trailer bill language?
- Pete Cervinka
Person
As I tried to convey in my opening remarks, I think the composition requirement is less important than the competencies of the people there. I, I think that as we have talked with the community, we can expect at least on a technical assistance basis to have a revised version of language that would address that.
- Caroline Menjivar
Legislator
It reminds me of the 120 legislators used to be a very different like minded individuals before my time, before I was born. A lot of them were lawyers. Most of them, if not all of them, were all lawyers. And we thought that you needed to be a lawyer to be a legislator to understand the law. I am not a lawyer.
- Caroline Menjivar
Legislator
I came here because I have very lived similar lived experiences to the constituents that I represent in my district. A lot of people more and more are being elected because they have the lived experiences of the things they wanna change. I find great, great value in lived experiences. And I think oftentimes that outweighs anything else because you can learn everything else. You can learn how to read a a budget.
- Caroline Menjivar
Legislator
You can learn how to do this. And I, I, I find it difficult to accept the realignment of the board in removing the ability to have lived experiences. We're the only ones who get regional center care, Having them not be mandated as a percentage of time. A percentage of of participants on the board. No one else is gonna be able to bring that kind of expertise to them.
- Caroline Menjivar
Legislator
You've even heard while you collect a lot of data on the efficacy of programs and services, those numbers aren't the, anecdotal stories of what people actually experience. And sometimes anecdotal data is contrary to analytical data. And I think both of that is very important. So at least in individually, that part, I, I struggle with a lot. I do recognize, that there's gonna be additional training being provided.
- Caroline Menjivar
Legislator
If that additional training is being proposed by the department, that in within itself, I think could solve the issue that perhaps you're looking to solve. Where we wanna make sure that people understand what they're voting for. Judy, you mentioned that already. You know, some people don't understand. Empowering the board first.
- Caroline Menjivar
Legislator
I think we skip we skip a lot of steps in the middle before going straight to elimination of these individuals on there. The training could help but it it it'd be hard to accept a proposal where we're kicking people with lived experiences off off of a board. To the vendor requirements, I recognize your you know, one of the examples you gave if you go into a home for a speech therapy. Perhaps you don't need a brick and mortar because you're mobile.
- Caroline Menjivar
Legislator
How do we then provide guard rails that the people that they work for is like an in state company that has cultural competency for us.
- Pete Cervinka
Person
Yeah. So in in state providers are the preference. We had some flexibility for that during COVID. People in bordering states, for example, some parts, like Yreka may may cross into Medford, Oregon. So there there are some limited exceptions in the law for out of state.
- Pete Cervinka
Person
But by and large, you have to be registered with the secretary of state to do business in the state of California to be a vendor. And that's part of the standard of vendorization process. Cultural competency is being addressed through both information that we're building out into our statewide provider directory. It's it's also some measures that we're working for within the quality incentive program, the QIP program.
- Pete Cervinka
Person
There are surveys that have been done about the workforce and the alignment of the workforce, their linguistic capability for primarily at the moment relative to the catchment area that they're serving.
- Pete Cervinka
Person
So there there are steps and and information being collected, in multiple ways across the system to get at that very thing.
- Caroline Menjivar
Legislator
That's for right now. But should this move forward, it'll open the door for a lot more vendors to come online that don't have a that don't now that they a brick and mortar is not needed, more vendors could potentially come. Right?
- Pete Cervinka
Person
That's entirely the point given our case load rising so fast without diminishing the standards of care that they're expected to deliver and the cultural, you know, that we're not gonna hire a bunch of English speaking only people to serve up Spanish speaking clientele. It doesn't work.
- Caroline Menjivar
Legislator
The reason why I brought it up in in on the health side of this subcommittee, we saw on Cal AIM, there's a lot of out state vendors Who were providing the services and I think the the local, connection in both the cultural competency, I think it's really important, to consider. And it sounds like you're you're gonna keep those top of mind.
- Caroline Menjivar
Legislator
You you mentioned director that the reason why a lot of the implementation dates are in 2028 because there's a lot lot of remaining conversations like who's gonna be responsible for the oversight quality assurance. So should the legislature expect trailer bill language additional to this? Should this pass on the actual details and parameters that will be taken into consideration before this is implemented in 2028?
- Pete Cervinka
Person
I think we're open to doing that. I I'm a big believer in keeping people informed about what we're doing and the input is is valuable. We've already put a couple things in into the language that that are consider you know, they're they're listed in the agenda. There are things to talk about, the finalization and details. We meet quarterly with legislative staff, budget policy committees, both houses, interested member staff.
- Pete Cervinka
Person
We can provide updates in that forum as well, as to what we're doing. There's no secret here, and I think we all have a shared goal of expanding the ability to serve individuals and families. And we need provider capacity to do that. Rate reform was a great investment, for example. We know we have a shared goal here.
- Pete Cervinka
Person
Wanna do it right. And as I recall the language on that particular one for standardized for ending courtesy vendorization says no later than March 2028.
- Caroline Menjivar
Legislator
I guess what I I guess what I'm yes. And of course, we'd have ongoing conversations. You know, sometimes we'll vote for the intent and then where the weeds of it is completely it's so vast
- Caroline Menjivar
Legislator
That it's really great for to come back to the legislature and and and continue those discussions.
- Pete Cervinka
Person
With or without a statutory requirement, the department can do that. Omar, did you wanna add anything to that?
- Unidentified Speaker
Person
No. Just just I wanna just flag that, you know, if any request that comes through, we just have ongoing conversation, but we're happy to take any back and continue conversation.
- Caroline Menjivar
Legislator
Director, the proposal seeks to increase the threshold of what the board would have oversight in terms of the contract Per limiting their review of contracts less and less each year. I think it jumps It continues to jump. Right? In increments of 50,000. Can you share a little bit more giving less Not responsibly, but less less oversight of contract renewals to the board.
- Pete Cervinka
Person
I'm not sure that I would characterize it that way and here's why. It's been at 250,000 for a couple decades. And as I mentioned in the opening of inflation adjustment, we put that at 360,000. We live in California and it's no secret that costs in California go up. The cost of these contracts go up.
- Pete Cervinka
Person
The growth in regional center budgets could quickly mean that if we held this number flat that more and more would in fact be coming under the scrutiny of the board and it would be harder and harder for the board to actually get its mission done. Approval of contracts is important, but the board also has an oversight rule. We think it's an appropriate inflation adjustment and it goes up 50,000 every five years as an inflation adjustment. Open to a different factor if somebody's interested in that.
- Pete Cervinka
Person
We think it maintains the status quo. And frankly, there are quite a few contracts that are still subject to board review. This is not really changing that threshold very much.
- Judy Mark
Person
Judy, thoughts on that? Yeah. I have been to many many Board Meetings. And the way that this actually works is it is that they, the executive directors lump all of the contracts into, like, one vote. So a board may be voting for, like, $10,000,000 in contracts.
- Judy Mark
Person
So the amount is somewhat irrelevant because what happens is is the boards don't ask questions. They don't provide due diligence to make sure that these are actually service providers who are getting good outcomes for people. I have never seen a question asked at a single board meeting where they've approved contracts. Not once.
- Judy Mark
Person
And I remember sitting at a board meeting when there was a contract for an agency where I have this is a number of years ago, where I happen to know a person who died under their watch.
- Judy Mark
Person
And there were no questions asked. I mean, the this is going back to the training. It's like, whether it's 250 or half 1,000,000, I don't really care. It is the fact that people who sit on the board are scared to ask questions because they're scared that their services are gonna get taken away. And then many of them are very busy.
- Judy Mark
Person
And if you put more professionals on the board, they're even busier. This is not their top priority to sit on this board, and they just try to get through the day. It's like, let's okay. Yeah. Yes.
- Judy Mark
Person
Yes. Let's vote yes. And so there's no real oversight happening at these Board Meetings. And so, like, the amount is not something I'm gonna sit and fight about even though I we've fundamentally opposed it. But, it is really what what requirements is DDS going to give to the boards to ask questions about these contracts, find out how many special incident reports.
- Judy Mark
Person
Did somebody actually die under this person's under this group's watch? Like these are the questions that need to get asked during these contract renewals.
- Caroline Menjivar
Legislator
And Amy, are these contract reviews by the board slowing down the process to contract with these vendors?
- Amy Westling
Person
Sometimes. Yes. So I I do want to take a quick step back if I could. And just clarify that, the while the board of directors takes the final action in terms of approving or disapproving, the contracts that come before them. Most regional center boards also have something like a finance committee or something like that that goes into great detail on these contracts before they come to the full board.
- Amy Westling
Person
So it's not that members of the board haven't reviewed them or had the opportunity to ask questions. It's just it would take so long to go through that in an open board process when it's when it's part of the work trying to be achieved in that open board meeting. That a lot of those discussions take place, actually in, a a different board committee meeting and which then recommends action to the board. So I wanted to clear that up.
- Amy Westling
Person
I think the other important thing that this language does, and is consistent with a directive the department released about a year ago, is it clarifies that when we're talking about a contract that needs to come before the board, It's a contract with a set monetary value of at least the minimum threshold.
- Amy Westling
Person
What some boards had been doing and had been advised by their legal counsel to do was also look at vendorizations of new services where utilization could result in in that vendor receiving payments of greater than, in that case, $250,000. And that slowed things down tremendously. And that is where some of the discussions around SIRs and some of the other things came up. What this really is is intended to look at what are those fixed cost contracts that regional centers are any entering into.
- Amy Westling
Person
For instance, is the regional center going to enter into a contract with a housing development organization to acquire a property to develop an enhanced behavioral support zone?
- Amy Westling
Person
That's what this language was always intended to do but it got twisted and misinterpreted by, some legal counsel into a much more convoluted kind of process. So we appreciate the clarity on this as well. Thanks
- Caroline Menjivar
Legislator
Amy. The training that director, the training that the department is proposing on the annual basis, is that new training?
- Pete Cervinka
Person
Some boards do training on some of those topics today. But I would the short answer would be yes. I believe it's by and large new training.
- Caroline Menjivar
Legislator
Department of Finance, how are we absorbing this new training without a BCP?
- Unidentified Speaker
Person
So we would have to take the the information back. As far as what that cost would look like, we can we can take back and and get that for you unless
- Pete Cervinka
Person
Yeah. So the training, you know, we we've done a lot of work with with regional centers and and appreciate the the partnership there and with the with the community too. I will be involved in the development of much of this training as well for the reasons that you articulated were important to you earlier. The department will be taking the lead on developing the training.
- Pete Cervinka
Person
We will be looking at what training is already available to Board Members and trying to provide consistent statewide curricula that that can then be delivered.
- Pete Cervinka
Person
So the cost of doing that, you know, we we will eat the cost because we believe it's important for the prudent use of taxpayer money. And it's kind of a one time activity, but, you know, will be kept refreshed as well. But Robert's rules of orders don't change year to year. So a number of these topics, we don't think it's it's horribly complicated to create the curriculum. Board members do volunteer their time but they also have a fiduciary responsibility to the organization under the law.
- Pete Cervinka
Person
And we think it's prudent to to set this as a requirement with time to to comply. I, I don't see this as a major cost item. And in fact, especially, for example, given the federal attention to program integrity, making sure that regional centers are operating appropriately is really important.
- Pete Cervinka
Person
If I can indulge in a a brief analogy, if you think of myself and my four chief deputies of the department as a governing board, we do about the department does over 3,000 contracts a year for various things from, yeah, everything that we do. There's no there should be no expectation that amongst the five of us, we read every single one of those contracts line by line.
- Pete Cervinka
Person
Our role is to make sure that the internal controls are in place, that it goes through legal review, program review, budget and fiscal review, contract office review, that the things that are supposed to go to Department of General Services for approval actually happen. Our role is to make sure that we're spending our resources as a department on the things that are supposed to be spent on. And so that's where I think the the attention should be in the process for the role of the board member.
- Pete Cervinka
Person
Yes. They absolutely and yes, I have read contracts myself, but not all 3,000 of them.
- Pete Cervinka
Person
The ones that are really important, really critical, might be sensitive, my top priority in the department. I stay on top of those things. But my role is to make sure that the organization has the steps and processes in place with the Internal Controls and Checks so that the business is being done appropriately. And that's really what we're envisioning with this.
- Pete Cervinka
Person
The number could be a 100,000, but I really want time for the board to focus on the things they should be looking at and not always necessarily the details on those.
- Caroline Menjivar
Legislator
Thank you. Thanks. Judy and Amy, on this final question, Four different proposals in this trailer bill. What for you stands out as gonna be the biggest, one to absorb?
- Judy Mark
Person
You know, there's actually some really good stuff in this trailer bill. We are very supportive of of state wide vendorization. I think I mean, I love you, Pete. But like he talked about how no. No.
- Judy Mark
Person
I agree with it. But you talked about it as being really great for service providers and really great for regional centers. I always say, you should be saying it's really great for people we serve because that is the first thing we should be talking about. And guess what? Statewide vendorship is really great for people we serve Because that means, particularly in LA, there's a woman who I I remember meeting her years ago who's probably your constituent in the valley.
- Judy Mark
Person
I met her at a North Los Angeles Regional Center board meeting. She had a daughter, who was very little with cerebral palsy and it was having feeding issues. And she heard about this amazing feeding therapist who wasn't contracted with North LA Regional Center. She was contracted with Westside Regional Center, just over the hill. And she could not get her regional center to guest vendor this particular person, this therapist.
- Judy Mark
Person
And she I remember speaking to her. She was crying because her daughter could not swallow, which is obviously a very big risk to her life. And she ended ended up entering the self determination program where there are no vendors and she could pick whomever she wants wherever she wants. And that is why I think the STP is the best thing for the system. But in this particular case, this is breaking down that barrier for someone who's still in the traditional system.
- Amy Westling
Person
And I would say, that I agree with miss Mark that, there is some really good stuff in here. I think what this proposal does is it addresses a lot of the growing pains and it gives us the structure to, operationalize a lot of things moving forward. So that we can continue to, to grow and change and support the system on behalf of the 500,000 people.
- Amy Westling
Person
You know, mine lens of course is going to be what does this look like on the ground for regional center staff, which is a little bit different. And this is a lot of change to absorb.
- Amy Westling
Person
But at the end of the day, a lot of these proposals are very strong and will position us better to, carry out the work that we need to do. And it will position, regional center boards to, improve their oversight. But but every change we feel like we've been in constant change since 2020. And so every change is a little bit hard to absorb.
- Amy Westling
Person
And but I I think probably the most critical thing in all of this is at the end of the day, we end up with a system that is better positioned to grow.
- Amy Westling
Person
And, better positioned to have strong business practices in place to support that growth. And, that at the end of the day, we don't lose sight of why we're all here and some of the core tenets of, the partnership, not only between professionals and families and individuals we serve but, with our communities. That's it.
- Caroline Menjivar
Legislator
Thank you everyone. Thank you. We're gonna be moving on to issue number five in the federal access rule. I'd like to welcome ICC Disability Rights up to the table.
- Caroline Menjivar
Legislator
Now turn over to the Deputy Director—sorry, Branch Chief and Deputy Director—for overview on the TBO.
- Michael McNulty
Person
Good afternoon, Chair Menjivar. Michael McNulty, Chief of the Community Appeals and Resolutions Branch at the Department, and I'm joined today by Deputy Director Hornberger. We appreciate the opportunity to be here and speak to you about the federal access rule proposals. As shared in the agenda, the Department underwent appeals reform in 2023. Since those reforms have been in effect, the Department has seen a drastic increase in the number of appeals.
- Michael McNulty
Person
Appeals reform decreased barriers by placing the department in an intake role and offering multiple submission options, including a success—including a successful completion and launch of an online appeals portal. While the proposals before you do not touch the appeals process, the access rules provide us an opportunity to come into compliance with the federal law, streamline and apply sex—successful appeal reforms into the complaint process. And while federal enforcement has been delayed until December 2027, based on the increased access and benefits of appeals reform, the department believes the policy change is the right thing to do for individuals served in our system now.
- Michael McNulty
Person
In order to comply with the Federal Access Rules requirements, the department has proposed trailer bill language that creates a single statewide grievance process and expands access, strengthens oversight, and increases transparency, as well as a budget change proposal to make permanent the resources granted in the prior budget year.
- Michael McNulty
Person
These resources, which include positions and funds to build an online grievance portal, will soon be needed to shift from the development and implementation work to ongoing operational and oversight activities. The department proposal establishes a statutory framework for the policy, and the department intends to issue additional process detail and guidance through directives to regional center prior to implementation date. We also plan to finalize the policy to the state regulatory process.
- Michael McNulty
Person
This will allow us to collect data through the online portal, once it's launched, and feedback from the community to better inform and finalize a process in regulation. It will also include additional opportunities for the community and partners and advocates to comment and participate in that regulation process.
- Michael McNulty
Person
The current complaint system focuses on identifying and documenting violations. The access rule allows us to shift to a more person-centered, outcome-driven model. Regional centers who are in the best position to assist individuals will be directed to focus on resolving issues with the individuals directly, rather than producing lengthy administrative letters. Ultimately, we believe that this process will provide regional centers and individuals served an—served an opportunity to work through issues as well as build trust and stronger partnerships.
- Michael McNulty
Person
For example, under the current complaint processes, when an individual files a complaint that their service coordinator is not returning a call, the resolution may include an acknowledgement of the complaint, record production, staff interviews, and a letter with an acknowledgement of error and commitment to train that service coordinator.
- Michael McNulty
Person
Under the proposed grievance process, the expectation will be that the regional center receives the grievance and has the service coordinator call the griever back immediately. The outcome is that the regional center is connecting with individuals and taking direct action to resolve their issue, not spend time on crafting—the crafting of—and approval of a bureaucratic letter. Finally, a resolution plan form would come to the department as well as the griever to document in the resolution and close out the case.
- Michael McNulty
Person
And we anticipate that this type of case would be resolved well under the sixty-day calendar timeline. However, we would note that the more complex grievances would, of course, take longer.
- Michael McNulty
Person
For example, an allegation in a group home was not in compliance with the home and community-based services setting rule would require more investigation, including a visit to the home and review of records or maybe even multiple visits to monitor that any remedy was implemented and made permanent. We've engaged extensively with our community partners and advocates, and we're committed to continue doing so.
- Michael McNulty
Person
We believe we can reach consensus-ready proposal for this budget, and I appreciate the opportunity to present today and happy to take any questions.
- Caroline Menjivar
Legislator
Here for technical support or? Okay. Great. Thank you. Thank you for your presentation. Let's turn over first to ICC.
- Fernando Gomez
Person
Thank you. Are we good? Excellent. Good afternoon, Senator Menjivar.
- Fernando Gomez
Person
Appreciate the opportunity to share not only my voice today but those of many in this room and the thousands of others who are maybe tuning in. My name is Fernando Gomez. I am the parent of two young men that are served by the Regional Center System, and I'm also the cofounder of the Integrated Community Collaborative. We're a community-based organization that's led by parents and self-advocates that advocates alongside families across the system, statewide.
- Fernando Gomez
Person
I, I wanna begin by acknowledging that the important testimony and recommendations that will be shared by Will here, with Disability Rights California, that we strongly support.
- Fernando Gomez
Person
And we understand that it's gonna be raising issues on accountability, enforceability, transparency, and meaningful remedies within this proposed grievance process. My testimony today is gonna be focused on another critical piece of this conversation and that's lived experience of families who are expected to use this new system. Because the perspective of the families, especially Latino, immigrant, and underserved families, the grievance process is not simply administrative; it is very personal. It is emotional.
- Fernando Gomez
Person
And many times, it's extremely intimidating. Families are often entering the ping pong process already exhausted from delays, confusion, service breakdowns, staff shortages, language barriers, and the daily realities of caregiving. So, by the time a family gets into the grievance process, and that's as necessary, the weight and the burden of fixing the problem should not fall primarily on the individuals served in their families. But too often, that's exactly what happens.
- Fernando Gomez
Person
Families become responsible for collecting the data document and everything, learning the complicated systems and the processes and the, the ability to defend themselves against an, an, an, an, an—a system that's much more resourceful and prepared to counter defend.
- Fernando Gomez
Person
And also, not to mention the escalating concerns of what happens when you do that level of advocacy. So, this is not about equity. At the end of the day, it's about being person-centered. A meaningful grievance process should reduce harm and restore trust and not create another burden where families must carry alone. Today, many families feel that when something goes wrong, they're left navigating the systems that created the problem, often without clear guidance, the urgency, or the protection.
- Fernando Gomez
Person
And that reality creates fear. Families ask themselves, well, this impacts services for my child. Will this create retaliation by the staff? Will we be labeled as a difficult family or, or parent who's also causing troubles? Or we're—we gonna be making things worse by really speaking up and creating a grievance complaint?
- Fernando Gomez
Person
So, those reals—those fears are very real in our community and if families do not feel safe, they just will not use the system. They're just gonna stay quiet. And that is why strong anti-retaliation protects us protections matter so much, not only for the person filing the grievance, but also for the family members, the witnesses, the providers, and advocates who are participants in the process.
- Fernando Gomez
Person
A grievance system cannot work if people are afraid to speak honestly. We also strongly agree that resolutions must be meaningful and they must be actionable. Families need more than a letter saying that a grievance was reviewed. They need to understand really what was investigated, what was found, what was the outcome, what, what, what actions will occur based on those findings. At the end of day, who's responsible and what timelines exist and what happens if those timelines are not met?
- Fernando Gomez
Person
And also, how the harm experienced by the individual served at the end of the day be addressed. Because from the family's perspective, a process without meaningful remedies feels performative instead of protective. So, if services were delayed, interrupted, or never implemented, families wanna know what, what is the solution? What how will this be corrected? How will this be restored?
- Fernando Gomez
Person
And also, more importantly, how can we stop it from happening again? Trust in the developmental service system is very fragile, as we speak. The proposal is an opportunity not simply to redesign the complaint process, but to rebuild confidence that the system can respond with humanity, urgency, and accountability when harm occurs. So, families should not become investigators, attorneys, or policy experts just to receive the fair treatment. So, the system should carry the response of ensuring that there is clear line of communications.
- Fernando Gomez
Person
There are timely actions, language accessibility, accountability, transparency, and also, the meaningful resolution. So, when families feel heard, when families feel respected, when families are informed and protected, that's when the trust begins to grow.
- Will Miner
Person
Hi, Chair Menjivar. Good afternoon. Will Miner with Disability Rights California. I thank you for this invitation to testify today.
- Will Miner
Person
Before I turn to our specific recommendations, I want to build on what Mr. Gomez said and name why having a good grievance process matters right now, why it matters today. Our community is scared. We know that cuts may be coming, and we know that cost pressures can drive decisions, even well-intentioned ones, that are wrong, because they are rushed, because they are caused by caseworker turnover, because they're driven by a scarcity mindset, and trust in the system is already low. It's already low.
- Will Miner
Person
It's gonna get worse, and this new grievance process cannot deepen this distrust.
- Will Miner
Person
It needs to rebuild it. And rebuilding trust when things go wrong, it requires three things. You acknowledge the harm, you ask how you can make it up to the person, and you say, this isn't gonna happen again.
- Will Miner
Person
Hence, the TBL takes some steps in that direction, but it's, it's not there yet. So, here are a few recommendations to get it there. First thing, resolution plans need to move faster. The proposal gives regional centers up to sixty days. In some cases, seventy four to respond to agreements.
- Will Miner
Person
And we've been told, well, things don't have to take that long. But in practice, I think we've all seen that if you have up to date to like finish something, you're gonna take the time that you have, even when the fix is simple. So, think about a grievance because a service coordinator hasn't returned a call for weeks, or there's an IPP meeting deadline that was missed and the person was left in limbo. Those are problems that can be confirmed quickly.
- Will Miner
Person
You return the call. You schedule the meeting. Right? You set deadlines. And when regional centers act quickly on these issues, right, it restores trust and makes it easier to resolve the harder ones to come.
- Will Miner
Person
So, our recommendation, we don't need, need to give regional centers up to sixty days. Let's give them thirty days with another thirty days if they can show they need more time. Let's get things resolved quickly in our system. Second, we understand DDS—DDS's—desire for a more informal grievance process and maybe that makes sense for general complaints with easy resolutions.
- Will Miner
Person
But when someone is alleging a violation of their rights, maybe they are prevented from going into the community, maybe their services were cut and they didn't get a notice about why. Basic fairness, that requires more. So, at a minimum, people deserve a clear explanation of what was looked at, what was found and why so they can understand the basis for the decision and decide, like, do I extend it to DDS for review? What do I do next?
- Will Miner
Person
That kind of decision isn't administration—administrative bureaucracy. It's, it's fair and it's due process. Because right now, the proposal in the TBL only requires a short summary of the grievance, dates of meetings, and a proposed resolution. We can fix that gap. Third, if we're promising meaningful outcomes, resolution plans need to include meaningful remedies.
- Will Miner
Person
The proposal says next to nothing about remedies. That's not enough when a person has been harmed as a direct result of a violation, like when an authorized service never started, when staffing fell apart, when a person was forced to pay out of pocket to fill a gap. We need resolution plans that can at least consider how to make it up to the person when a violation causes a loss in services or causes them to pay out of pocket.
- Will Miner
Person
We—through reimbursement, through making up, like make up service for the person. Not just my opinion, this is a master plan recommendation too.
- Will Miner
Person
And I understand that there could be budget concerns with this recommendation, but if the concern is that while all this might sound really costly, we've got the logic backwards. We can't treat violations that cause people to lose their services as a budget solution, and I'd say that this type of logic and thinking in our system is exactly what led to the return of billions of dollars a couple of years ago. A few more points if I may.
- Will Miner
Person
TDS review of individual resolution plans, it has to be an accountability check, not a rubber stamp. The DDS standard of review in the current proposal is whether the resolution plan was appropriate relative to the grievance. That's vague. That is too vague to hold anybody accountable. When DDS reviews a grievance, they should be able to answer a few simple questions.
- Will Miner
Person
Did the regional center do an adequate investigation? Does the plan fix the problem fast enough? Are there clear steps and deadlines? Did it consider how to make up for the harm and prevent it from happening again? None of this exists in the statute.
- Will Miner
Person
And to Fernando's point, when people see that TDS will step in and require a meaningful remedy, they're more likely to trust the process and use it. And then one quick point because I have to underscore its importance around anti-retaliation measures. The grievance process needs to be safe to use. People will not file grievances. Witnesses won't speak up if they fear retaliation.
- Will Miner
Person
So, the language in the proposal should protect not just the grievance, but witnesses and supporters, and it should not just apply to regional centers, it needs to apply to service providers as well. DDS has called this a no wrong door agreement system. That type of system only works if people feel safe walking through that door. That concludes my comments and we welcome the opportunity to work with the Legislature and the Administration to get this one right.
- Caroline Menjivar
Legislator
Thank you, Will. Thank you. Omar, any additional comments?
- Karina Hendren
Person
Karina Hendren, LAO. On the budget change proposal, we don't have any concerns. And then for the trailer bill proposal, we don't have any comments at this time.
- Caroline Menjivar
Legislator
Okay. Thank you. What's the—what's your time? I have a different title I'm not used to. Chief something?
- Caroline Menjivar
Legislator
Branch Chief. Brranch Chief. Can you walk me through how we got to the sixty days plus the fourteen? Was that like an average of what we saw of everything or?
- Michael McNulty
Person
So, we really want—the intent of the proposal is to give space and opportunity for regional centers to work with individuals directly. We also know based on the appeals reform that we saw, we did see an increase. And so, based on that, we assume that there will be an increase, so, we wanna maximize the time and flexibility that regional centers have to work directly with individuals.
- Caroline Menjivar
Legislator
Yeah, to avoid—to give you more time to avoid going through the appeal process.
- Unidentified Speaker
Person
So, that—it's very confusing because we have two things called an appeal process. There's the service and eligibility appeals process. That's like I wanted fifty hours of respite. The regional center's only giving me three.
- Unidentified Speaker
Person
I'm gonna appeal that service decision. And then, in, in the grievance or complaint land, you can also appeal that grievance. If you don't like the regional center's answer, you can appeal that to the department for a second layer review. So, that's like that's where we get confused sometimes using the word appeal. And so, what we've done with the timeline is, under the federal ninety day timeline—honestly, we sort of worked backwards to make sure that we would be in compliance with federal law.
- Unidentified Speaker
Person
And so, by working backwards, that's where we got to the sixty days. And, and those are calendar days. So, it's actually much fewer work days. And so, so, that's where those days came from.
- Caroline Menjivar
Legislator
Have you heard the proposal of bringing it down to thirty days plus an additional thirty days?
- Caroline Menjivar
Legislator
Any thoughts on that? Is that—you, you felt like that's just not doable for the regional centers?
- Michael McNulty
Person
Well, if it's thirty calendar days, which is in line with all the dates and timelines, it would only be, you know, fifteen ish—or no?
- Michael McNulty
Person
Seventeen days for the regional centers to resolve an issue, which could be very complicated.
- Will Miner
Person
And just to clarify, our, our proposal was give regional centers up to thirty days. Of course, there's gonna be some grievances that are complicated and need more time for investigation and resolution. If you can show that, another thirty days. We're trying to like create some, some incentives, right, some statutory markers to clear the low hanging fruit, which we believe is consistent with the department's intent.
- Caroline Menjivar
Legislator
To not include the low hanging fruit into the up to sixty days?
- Will Miner
Person
Or to, to, like, clear the low hanging, yeah, to clear quickly, if that's not present in the TBL, if that's the intent, we should put some markers down to, to make it real.
- Michael McNulty
Person
I would just respond that if we are making it thirty days with an extension, there would need to be time and process built in for the department to like make that determination. And taking the time to add more process takes time away from working with the individuals directly.
- Michael McNulty
Person
So, if we are redirecting resources, individuals to request time extensions, we are taking away from time.
- Caroline Menjivar
Legislator
But you already have that. You have an extension of fourteen days. So, that's already built into your trailer bill.
- Michael McNulty
Person
That's mandated through the federal rule, and it's at the end of the process. It would be at the end of the process and only to the benefit of the grievance.
- Caroline Menjivar
Legislator
Not to benefit the department needing more time to evaluate.
- Caroline Menjivar
Legislator
So, it would be—so, essentially, it could be plus three days for the department and then plus fourteen for the consumer?
- Michael McNulty
Person
So, the fourteen day extension is on top of the ninety calendar days that the Federal Government gives us.
- Caroline Menjivar
Legislator
Okay. So, you're saying if we do that, you're—you were gonna need more people to handle the request for extension?
- Michael McNulty
Person
Potentially, but we'll be redirecting resources to add more administrative layers into.
- Caroline Menjivar
Legislator
Okay. And then, can you respond to the application of all vendors on—in terms of grievances, not just regional centers? I think that's—I forgot who mentioned that that this grievance process only applies to regional, regional center services and it doesn't apply to the vendors, if I understood that correctly. Well, did I say that wrong?
- Will Miner
Person
I—so, the, the grievance process itself, and DDS can correct me if I'm wrong, it currently applies to vendors, regional centers, and certain types of state-operated facilities. If you have a problem with one of those three, like, if someone's doing something wrong, or you're dissatisfied, you can file a grievance, but what was left out the proposal in our view was the anti-retaliation protections.
- Will Miner
Person
Yeah. So, so, if someone files a grievance against a vendor, there's nothing in the statute that currently says vendors like are prohibited from retaliating against people. It says regional centers are. Right? It says state-operated facilities are, but not vendors.
- Will Miner
Person
I'm hoping that's just an oversight, and we can, like, put that in, but.
- Caroline Menjivar
Legislator
Because the other tools were mentioned. Was it an oversight? Was it specific?
- Unidentified Speaker
Person
I, I would say we certainly didn't intend that to be the outcome. I will also say that we have met with the advocate community. We've met with our stakeholders. We've done webinars on this. Our, our goal really is to get a process that works.
- Unidentified Speaker
Person
And we're continuing to do so. And, you know, when, when we look to May Revise, we, we may see some changes as a result.
- Caroline Menjivar
Legislator
But, but Deputy Director, but why allow protections for anti-retaliation for two out of the three?
- Caroline Menjivar
Legislator
Okay. Okay. And then, Will, can you expand on you said return of billions? You gave an example. This happened before return of billions.
- Will Miner
Person
Yeah. I think many of us have seen the reporting a couple of years ago where there's billions of unspent dollars in purchase of service. Dollars are already budgeted for people that weren't used, despite cries from the community to say like, please help us, we need more services and that money got returned. So, I use that example to address like the idea that including something on like compensatory services, like making something up to somebody when they had a service that was authorized and budgeted for.
- Will Miner
Person
But through our system's fault, the person couldn't get it and they lost something; they lost something tangible. Maybe it was independent living skill services to help them learn to cook for themselves. Maybe it was a speech therapy that fits them farther away from their communication goals because they now miss that service that, again, was already authorized and baked into budgets.
- Will Miner
Person
So, our proposal to make remedies meaningful is to say, like look, if somebody can prove—if somebody can prove that a violation of their rights led to a tangible loss because they lost services, can our system at least not mandate, but consider how do we make it up to the person?
- Will Miner
Person
Because now they are farther away from their IPP goals. They have lost services and we're saying, can we make that up? Because you already should have been getting the services. So, surely, like, maybe it's an additional social recreation program if this was about kind of people being in the community, you know, around others. If it were a speech therapy, can we like consider if the person wants it having them, you know, make it up.
- Will Miner
Person
Right? Having a few additional sessions at the regional center of funds to put them back where they would have been if the violations didn't occur. So, we're talking about things in our system that were already budgeted for, not delivered. And you know, frankly, my comment was around this creates cost savings to the system because we're not utilizing the money that was budgeted. Right?
- Will Miner
Person
So, when we talk about service authorization, the authorization is there, sometimes it doesn't get utilized and it's not the person's fault. So, how do we make up for that and how do we bring us closer to getting to where the utilization numbers should be? And we don't see it as an expense. Right?
- Will Miner
Person
Because it's already baked into the IPP and our baseline budgets. But when you don't give people those services back, well frankly, our system saves money, and it, it, it mixes up the incentives for like how to get things right.
- Caroline Menjivar
Legislator
Fernando, I heard the concerns that you mentioned and, you know, on the grievances and so forth. Is that as a response to the current language in the trailer bill language or overall the program and you think the language in here is meeting the needs that you've shared?
- Fernando Gomez
Person
It's a combination of and just listening to this exchange in regards to time. What, what, what I'm sitting here as a dad and what most of us who, who have that day-to-day responsibility, every single day is, is, is precious, and, and, and, and for a sixty days compared to thirty days, it's a lifetime, especially when there are some needs that are very severe. So, so, it's not a one size to talk and it shouldn't be. Every individual is unique.
- Fernando Gomez
Person
So, but what I'm seeing here is the fact that where is that person centered approach of acknowledging that individual and what that individual's needs are, as diverse as they are?
- Caroline Menjivar
Legislator
What I heard from the Branch Chief is, you know, you gave an example what currently is happening right now. We're gonna train the staff. It's not an individual. Then I heard that the trailer bill is to propose, we're calling you with an actual resolution to your individual need. Yes?
- Caroline Menjivar
Legislator
And is that what we're asking for, Fernando? That's meeting the need there?
- Caroline Menjivar
Legislator
And then, can you expand a little bit about—you talked about the responsibility shouldn't lie on the person, on the consumer, but I don't think, like, what do you, what do you mean like?
- Fernando Gomez
Person
So, so, what we've been using for years is the 4731 process. And, and it's kind of like you, you fill out a form, you submit it, and then at some point, you're kinda get informed of what the outcome is. You're, you're never really part of, of that process. In this, in addition to that, you're, you're responsible for bringing a lot of the information together. Many people are not like Will. They're, they're, they're not attorneys.
- Fernando Gomez
Person
They don't have...to understand how to navigate the systems and bring up the right information. So, I'm thinking that sometimes the systems are very complex and when you don't meet that level of engagement, it hurts you in, in many different ways.
- Caroline Menjivar
Legislator
Thank you. And then, I think—Branch, Branch Chief. Can you help me—this is the final question I have on this because I'm still struggling, and then actually, I'd like to have one more for you, Will. Is, if we align, if we were to reduce any amount from sixty days to whatever, because you said, because this would be not for the consumer, we would have to add an additional step?
- Michael McNulty
Person
So, what I'm saying right now is in the proposal, we're giving them sixty days to get a grievance to...
- Michael McNulty
Person
Up to sixty days. And that gives them flexibility. If we are adding in a, a stop at thirty saying, stop what you're doing and request an extension, we are creating an administrative process and procedure step that will take away.
- Caroline Menjivar
Legislator
Only for this is an extension, but if we reduce the sixty days and we say up to forty days, that won't add an additional review process.
- Caroline Menjivar
Legislator
It's only if we allow a certain amount and then allow for an extension.
- Caroline Menjivar
Legislator
Okay. But there isn't—and to your first question, to your first response, it's not that we saw that an average amount of time was taking this. You were just trying to align it to the ninety days, even though sixty—I don't know how you we got from sixty to ninety, how it aligns to the federal rules—but that's where it came from?
- Michael McNulty
Person
So, as Deputy Director shared, we did try to work backwards, and we tried to plan for a large volume of grievances and to give regional centers flexibility to really get in there and work with individuals. That includes meeting with them and talking with them and learning about their grievance. So, that will take time.
- Caroline Menjivar
Legislator
Okay. And then, because the CMS can enforce this—won't enforce this—for an extra year. I think it's, what is it? December? 12/31/2027.
- Caroline Menjivar
Legislator
But this is anticipated to kick in before it's enforced. ARCA has asked for a little bit more leeway and because we're not being in—getting enforced—rationale as to why we are not allowed or we're not giving them a little bit more time?
- Michael McNulty
Person
We've received that feedback. I don't have an official position on extending the start date, but we're.
- Caroline Menjivar
Legislator
It's not a breaker. I mean, it doesn't impact us at all. It's—Department of Finance, if you wanna add.
- Omar Sanchez
Person
I'll just note that the, the state and the department are well on track to meet the requirements and meet the original timeline for the, the federal access rule. And so, I just, just wanted to flag that the proposal in front of you meets those deadlines and has that in mind.
- Caroline Menjivar
Legislator
Sure. Sure. Sure. I just—because CMS has gone out of the way to say they're not gonna enforce. I would take that as hey, it's because it might take more time to get.
- Unidentified Speaker
Person
So, I will tell you, I, I'm kind of a nerd about things, but I actually am excited about this, because I think it's creates a better way for people to complain and it makes it easier for them and they don't have to kind of know what they're complaining about. Do you know what I mean? Like, it isn't their responsibility, as Fernando said, to say, I think you violated Section 4648, Part C in my IPP.
- Unidentified Speaker
Person
You have to say I'm unhappy with x. Like here's why I'm unhappy. And, and you can do that in multiple modalities. And you can do it at the department level, instead of at the regional center level.
- Unidentified Speaker
Person
And, and, and I think that goes to some of the concern from the community around, you know, filing a complaint with the person you're complaining about—doesn't feel great. And so, this would take that out of it. And so, because I think it is such a better process and we are on track, I feel like we should implement it as soon as possible to make things easier and better for people.
- Caroline Menjivar
Legislator
I, I—definitely is a better process than what we have right now. 100% agree. But what happens if, if it's not implemented right away in the way that we envision it?
- Unidentified Speaker
Person
So, if, if we completely didn't implement it, we would just go the way we have been going, which I think is not great. I think that there are other steps, sort of, that could happen in there. I think we could go forward July 1. I think we could push out a start date, and, you know, use that time as, to do additional training and support. I think that, you know, there's kind of lots you can do in there between 2026 and the end of '27.
- Unidentified Speaker
Person
Like, there's a wide range there. I will also say because we've been in development of the computer system to do it, I would be hesitant to wait too long because you don't want a computer system to get stale and then have to pay more money to the developers to, you know, kind of bring it back up, so.
- Omar Sanchez
Person
Just one last note on this. Any, anything further on this we can take back but also, we can continue conversation through the process.
- Ernie Cruz
Person
Good afternoon, Senator Menjivar. My name is Ernie Cruz, deputy director at the Department of Developmental Services. Today, talking to you about remote services. The department is seeking to establish permanent authority for the continued option of remote services. Remote service delivery within the regional center system.
- Ernie Cruz
Person
This would include the services such as day programs, look alike day programs, independent living, behavioral therapy services and clinical assessment activities. The current proposed maintains the same services that have been approved to be provided remotely through directive. There is already statute that allows other services to be provided remotely. Specifically early start services and tailored day services that are allowed to be provided remotely.
- Ernie Cruz
Person
This action provides continuity when current when the current directive expires at the 2026, calendar year 2026 And maintains our commitment to choice and flexible services that meet the needs of individuals.
- Ernie Cruz
Person
And comply with federal and state requirements. This propose this proposal provides individuals and families the choice to select remote services when appropriate to meet their needs. Remote services are voluntary. Individuals and families choose whether remote services works for them and whether they want to receive remote services.
- Barry Jardini
Person
Thank you, Madam Chair. And appreciate the grace of the subcommittee to allow me to sub in for my colleague, Evelyn, who's unable to be with us today. My name is Barry Jardini. I'm the executive director at the California Disability Services Association. We represent more than a 120 community based organizations across the state, serving more than 200,000 individuals with intellectual and developmental disabilities to live full independent lives.
- Barry Jardini
Person
Our members provide a full spectrum of services throughout the state in every district, in every catch one area, including remote service provision. Thank you for the opportunity to speak today on the remote services trailer bill.
- Barry Jardini
Person
My comments will clarify what the bill proposal does, acknowledge the conversations around guardrails are vital, and should continue throughout the policy making process and provide a little bit of context on how individuals with IDD choose services in the regional center system acknowledging that you already have quite a bit of understanding on that. Under the Lanterman Act, Californians with IDD are entitled to services and support of their choice to help them achieve their goals identified in their individual program plan.
- Barry Jardini
Person
The law also states that those services, be available to allow them to have the same pattern of everyday living available to people without disabilities.
- Barry Jardini
Person
When an individual seeks regional center services, they complete the IPP process. And during that meeting, they meet with our service coordinator, other members of the planning team, including family and friends to determine what goals and what services are required to meet those needs. The IPP then is documented with self identified life goals and services that the entire planning team agrees will help the individual meet those goals.
- Barry Jardini
Person
As drafted, this TBL proposal allows individuals with IDD to continue to choose to receive certain regional center services remotely if they and their planning team determine that they would effectively meet their needs through that process. The language before you and then this proposal does not require, remote services.
- Barry Jardini
Person
It does not replace or supersede the option for in person support, and it does not alter the existing IPP process that guides the service decisions. It simply adds choice. It mandates that formal regulations are promulgated at the back end of this by 2029 to ensure adequate deliberation and stakeholder feedback is incorporated into the development of the long term framework for remote services. The that IPP process and our Lanterman Act are what make our system distinct.
- Barry Jardini
Person
It is not designed to prescribe particular services on behalf of individuals.
- Barry Jardini
Person
It's designed to allow individuals to make those choices for themselves. Across mainstream education, employment, and health care, remote access is no longer an exception. It's an expected option. This TBL ensures that Californians with IDD continue to have that same option. We also recognize that this change requires thoughtful policy considerations around guardrails and oversight.
- Barry Jardini
Person
Those are appropriate necessary discussions, and we're committed to continuing to have those with other stakeholders in the department. However, continued work on policy procedures should not come come at the expense of individuals with IDD who would lose this option at the end of the calendar year as mister Cruz indicated. CDSA has a long history in the development of remote services in California, working with the department through the pandemic on the disability thrive initiative.
- Barry Jardini
Person
We worked with our providers to develop meaningful alternative services during that exigency and that protected the health and safety of individuals and that has now evolved to continue, remote services since that time. We must be careful as we're looking for guardrails to not over correct.
- Barry Jardini
Person
We don't wanna be overly restrictive or have poorly designed guardrails that could create new barriers to access, particularly for individuals who rely rely on remote options to participate in their communities. When guardrails begin to limit choice rather than protect them, we move away from the very principles upon which our system is built. Every state in the country already uses remote service delivery in some way through their HCBS programs with a growing number have been incorporated into their developmental disability systems.
- Barry Jardini
Person
We already allow remote options and other medical services and aligning this system with that approach helps ensure consistency and equitable access for individuals with IDD. As system advocates, our role is not to determine which goals someone should work toward but to ensure the system has the flexibility and the tools to support individuals achieving the outcomes they choose for themselves.
- Barry Jardini
Person
Remote services are simply one of those tools. Thank you so much for your time.
- Aaron Carruthers
Person
Thank you, Madam Chair. I'd like to start off by saying thank you. At the beginning of this hearing, you said you had a hard stop at 03:15. It is past 03:15. You are still here.
- Aaron Carruthers
Person
Thank you so much from the community for being here and continuing not shutting this hearing down and letting so many people who are here today, stay and be heard. Thank you.
- Aaron Carruthers
Person
So the State Council is an independent state department that's led by a council of governor appointed leaders with developmental disabilities and their family members. And our job is to find barriers that keep people with developmental disabilities from living fully integrated lives in the community. And codifying flexibility for remote services certainly removes barriers like people face with limited transportation, rural geography, scheduling challenges of the day to day. So we appreciate the administration advancing this flexibility.
- Aaron Carruthers
Person
However, the conditions that made remote services necessary during the pandemic should not become the ongoing standard of care.
- Aaron Carruthers
Person
We're concerned that the current language opens the door a little bit too widely for remote services especially in cases where in person supports are essential to achieving the goals of the IPP. So for example, going through the list of identified services that would be eligible for remote. Day programs, they build social skills, communication, self advocacy, community integration through person to person human interaction. Independent living builds real world skills like managing money, maintaining a home.
- Aaron Carruthers
Person
These skills are learned through practice and in the settings where people actually live their lives.
- Aaron Carruthers
Person
Behavior analysis for autism depends heavily on direct observation and real time interaction. Clinical assessments. Well the American Academy of Pediatrics emphasizes that developmental evaluations rely on direct observational behavior interactions, communication in real time. And this is especially true for autism and intellectual disabilities. Moreover, the HCBS rules state that services must be delivered in the settings that support full access to the community and opportunities for independence.
- Aaron Carruthers
Person
So we remote we we support remote services but we wanna make sure the option is not the only option. Without clear guardrails, there's a real risk that systems shift to remote models for efficiency or for cost purposes. And over time, with a little bit of creep, in person options, could disappear. If that happens, choice is no longer real and it's no longer voluntary. So in the spirit of striking that balance, I wanna offer, some language for consideration for amendments.
- Aaron Carruthers
Person
I'm offering it jointly as agreed to with Disability Rights California, Disability Voice United, and integrated community collaborative along with the State Council. So to protect standards, we suggest language to ensure that remote services are consistent with professional standards licensing requirements. To protect assessments, we suggest adopting language that's used for special education. That remote assessments only be done when clinically appropriate and must be valid for remote use.
- Aaron Carruthers
Person
To protect against a drift away from in person services, we suggest language that remote services not be used to deny, delay, reduce or replace in person services.
- Aaron Carruthers
Person
So these changes are suggested because the mode of service delivery should not compromise the quality and the purpose of the service system. Thanks for helping us strike the balance of flexibility and quality.
- Caroline Menjivar
Legislator
You know, to the very change and shift from the department two years ago, I think we were fighting to allow for remote services for IPP and it was a very hard no from the department. The pendulum shifted completely. And while I do I I I do agree that remote service services are beneficial. They're great. I love them in all telehealth, what have you.
- Caroline Menjivar
Legislator
I do also have some of the same concerns that these two gentlemen shared. And, deputy director, if you can help expand on the parameters that will exist, the guard rules that will exist. Of the list of items that Erin went over, the day program, for example, for me, when I look at day program, I think of a program that it takes me out into the day and I get to enjoy and socialize. It's very limited to do that in a remote settings.
- Caroline Menjivar
Legislator
I know that was needed in COVID because socializing for us was remotely.
- Caroline Menjivar
Legislator
But I I worry that day programs will fully be remote, not bringing the full beneficial. So that's one example if you can share what kind of guardrails will exist.
- Ernie Cruz
Person
I think it's ready. No. Great question, Senator. And, you know, with regards to, you know it all goes back to choice. Giving people choice and flexibility.
- Ernie Cruz
Person
With being able to choose remote. Not making it mandatory. It's voluntary. Just putting that out there from the beginning. You know with regards to some of those guardrails, obviously having it in the individual program plan of the individual.
- Ernie Cruz
Person
You know, and the person centered IPP making sure that the team, the planning team agrees that this is the best option for the individual. It starts there. You know, other things that our guardrails is requiring periodic in person meetings or in person service. So that it's not just remote. You have that interaction you know, in person.
- Ernie Cruz
Person
Those were the type of things we heard when we met with different community groups about you know, the importance of that in person. But also the flexibility that's provided when certain situations don't allow the individual to be able to go out, you know, to a day program, be out in the community. They still want the service. Maybe it's, you know, they're in a remote area. And having that flexibility and choice, was what came across, most consistently.
- Caroline Menjivar
Legislator
How do you balance the choices important? But if you gave me a choice to vote from my home or vote come to Sacramento, I'm gonna choose to vote from my home and not have to fly up to Sacramento if I was given that option. So how do you balance that with also pushing individuals to get the full wrap around services that exist with everyday? I know instances occur when today, I'm just feeling down. I just wanna do remote services. So is there gonna be
- Caroline Menjivar
Legislator
is someone does it exist? Or could it be a possibility that someone is always gonna be able to choose having remote services for day programs, for example, forever? Is that a possibility?
- Ernie Cruz
Person
Well, I think it goes back to that planning team. Right? Like if it's a planning team, it's a group of people that are planning and making decisions on that person's life. If that person is saying no, you know, I wanna stay 100% home. Then that planning team has a discussion.
- Ernie Cruz
Person
Yeah. But you know, this option is available for you. So you know, the planning team of the IPP is really there to have that discussion. Including the, you know, in this example the day service. Providing input as well.
- Ernie Cruz
Person
But the family, the service coordinator, you know, to really be specific in that service and the expectations and what's, you know, what is best for that
- Caroline Menjivar
Legislator
individual. Aaron mentioned a a proposal in terms of guard rose that it only be clinically when it's clinically appropriate, I think you mentioned. You're talking about the wrap around determination of the team, but would that be the consideration that it's clinically appropriate for this individual to be in a remote service?
- Aaron Carruthers
Person
If I could clarify. The assessments are particularly concerning for remote
- Aaron Carruthers
Person
Yes. The assessments determine is is somebody autistic? Does somebody have intellectual disability? That should meet clinical standards. For for day programs, well, that's a matter of is it consistent with professional standards.
- Caroline Menjivar
Legislator
Okay. Thank you. Rephrase my question to that specific one.
- Ernie Cruz
Person
So, you know, with the first example about the assessments. The feedback we received was in general, the assessments are better when it's in person. You know, we heard that both from people serve, from the regional centers. But yeah, with regards to you know, behavior services or assessments, you know, we we look at, potential additional language on that. Maybe regulatory language.
- Caroline Menjivar
Legislator
There's no differentiation of anything. Right? All of it is applicable for remote service remote services?
- Caroline Menjivar
Legislator
Like there's no You just mentioned you heard feedback that the clinical assessments are better in person, but that is eligible to be a remote service regardless.
- Caroline Menjivar
Legislator
Even though the feedback is that it's better in person. So there's no language within the TBL that differentiates between what can be or what shouldn't ever be considered remote?
- Ernie Cruz
Person
No. The TBL identifies the services that specific services that should be remote
- Caroline Menjivar
Legislator
Sure. I guess because you even said clinical assessments are better done in person, that was still added in the list of it could be remote. Can there be or should there be a differentiation or a tier system of what should be remote and what should never be considered a remote services versus doing a complete sweep across all items of being remote?
- Ernie Cruz
Person
Yeah. I think with the assessment services while I mentioned that the preference has been in person. I think there are situations that come up where it you know, to be able to do the assessment, get that complete, where having that flexibility, would still, make sense, in certain situations.
- Caroline Menjivar
Legislator
And I know that there's currently no data that is available to speak to the extent of services that are delivered remotely. You're collecting that data now. That data, isn't that data gonna be useful in determining the language of this TBL? And we don't have that data.
- Ernie Cruz
Person
Yeah. With the data, you know, obviously getting the data and being able to see the scope and how much remote services are being provided, you know, that's gonna be something insight that the department's gonna have. And you know, we've heard in discussions with different vendor groups that it ranges anywhere from, you know, 3% to 12% of services. But now having a vehicle to collect that data is gonna give us more information.
- Ernie Cruz
Person
What we're trying to get to is, you know, right now that authority for remote services ends at the end of the calendar year.
- Caroline Menjivar
Legislator
Shoot. I just forgot a question. Yes. Okay. So, what do we do we are we worried that the vendors, now we're gonna be able to okay, I can do remote services, provide remote services all the time.
- Caroline Menjivar
Legislator
I don't need to worry about overhead. Why should I even do any in person providing any in person services? I'm gonna get get paid the same. Are we taking into considerations, is every vendor gonna be paid the same whether they provide services in person or they provide virtually?
- Ernie Cruz
Person
Right now, the payment rates would be the same. Regardless of, you know, in person or virtual. I think the ongoing preferences from individuals is gonna be in person. With the option to have to be able to receive services remotely.
- Caroline Menjivar
Legislator
But if I'm getting paid the exact same whether I provide services in person or virtually, I can limit my services to just do virtually collect the same amount of payment and say, oh, these are the only services I offer. You have no other option. I can see that happening in the future. So how do we prevent that from happening to actually ensure that there are in person services being protected moving forward?
- Omar Sanchez
Person
I wanna make one one level setting comment. I know it's been said before, but, just on on this, this would this is existing and has been existing practice since the COVID nineteen pandemic to provide remote services. And as far as the population of folks in the service provided, the intent behind the language isn't to to keep that ongoing.
- Omar Sanchez
Person
So as far as, like, folks and and what that would look like, I think the anticipation is that it would not be a drastic change from from current practice.
- Caroline Menjivar
Legislator
It was certain certain services. Are we expanding from the certain services? It's the current it's the current services indefinitely. Correct. Indefinitely.
- Caroline Menjivar
Legislator
Well, I'll come back to you. But because they were potentially gonna sunset, maybe a vendor didn't move forward into this uncertainty that it was gonna be a forever ability. I think that a vendor might consider now that we know that this is no longer gonna sunset, Barry.
- Barry Jardini
Person
Yeah. Just a couple of quick comments. I think mostly the the sunsetting is around HTS waiver and and sort of getting approval in that regard. Which is why that and and I I guess I should let the department speak to that specifically. On your broader point about the programs or some other authorized service from just saying, let's save some money.
- Barry Jardini
Person
We'll just do everything virtually. I mean, there are some checks and balances in the system. Right? If people are unsatisfied and unhappy with the services that they're receiving through their IPP planning process every year, they can request different services. So there's a little bit there.
- Barry Jardini
Person
Also, there there is a lot of hard work that goes into doing remote service as well. Right now, what we see from our providers is consistent with what mister Cruz shared about 10 to 15% tops. Oftentimes with a hybrid option so that sometimes you're gonna be doing in person but on other days you wanna do remote to just have a healthier balance.
- Barry Jardini
Person
And I think the important thing is is the promulgation of those regulations by 2029 so that we can sort out some of the details to to protect against, those, you know, tail risk concerns where there will no longer be in person day programs, offered because everyone's just gonna take their cheaper option. And again, if it's done well, it's not necessarily cheaper.
- Barry Jardini
Person
There's a lot of foundational work that goes into it. Making sure we're putting in in in benchmarks, if you're offering x percentage of services remotely, above this level, we're gonna take an additional level of review. That type of thing to make sure that we are not fundamentally changing access to services for people with IDD, just continuing to provide a separate type of
- Caroline Menjivar
Legislator
And the regulations in terms of guardrails and parameters will come 10/31/2029. Correct. So keep status quo. You're gonna pull the data. Capture that data.
- Caroline Menjivar
Legislator
And with that, you're gonna put regulations on remote services.
- Aaron Carruthers
Person
Thank you Madam Chair. What I hear from the administration and providers is a strong commitment to choice. Well if that's the case our language we believe preserves the option to have that choice. So that the budget factors, the human factors just naturally come along that you've spoken to so clearly. But don't erode it away while we're waiting for those, regulations to come along in 2029.
- Caroline Menjivar
Legislator
Okay. Thank you. Okay. Thank you. And since I haven't said this, we're holding all items open.
- Caroline Menjivar
Legislator
Moving on to issue number seven, our regional center supported living services forty hour work week. It's a drive by presentation really quick.
- Unidentified Representative
Person
Good afternoon. Good afternoon. Thanks for the opportunity to provide you just a brief overview of the our proposal to codify a forty hour work week for supported living services. Just really important, quickly, you know, this proposal is really, an effort to codify into state law, a forty hour work week, which is already at the federal law.
- Unidentified Representative
Person
As your agenda notes, in 2025, the US Department of Labor initiated some regulatory rollbacks that could potentially eliminate overtime protections for in home care workers, unless state protections, are already, in place.
- Unidentified Representative
Person
So, this proposal is also really important because of the alignment and parity across supported living services and in home supportive services. It really kind of creates consistent overtime calculations and ultimately with those protections for supported living service workers creates consistency, continuity, continuity of care for the individuals served in that model. So I'll leave it there if you have any questions. Omar?
- Caroline Menjivar
Legislator
Great. My only question is that there's a really small technical request from a, an advocate around clarifying. Is that a hard it seems like it's really small of the request.
- Unidentified Representative
Person
Yeah. Thank you for that. So the the the proposal is really trying to, kind of stay within the scope of addressing the emergent need around the forty hour work week. And kind of, like really, the not stepping into, anything specific, in terms of wage orders or personnel classification. So is it a hard, you know Oh, but
- Unidentified Representative
Person
Potentially. So it's not a closed door. The department remains open. I think there's ongoing conversations. So, but but really
- Unidentified Representative
Person
I think this, but really I think this proposal addresses the emergent need.
- Caroline Menjivar
Legislator
Got it. Thank you. We're gonna hold the item open. Move on to station number 8.
- Dana Simon
Person
Good afternoon, chair Menjafar. I'm Dana Simon, deputy director from the Department of Developmental Services. I appreciate the opportunity to speak today on the trailer bill proposal for rate reform and quality incentive program contract exemption, as well as update you on the ongoing rate reform efforts. This proposal seeks to extend both the contract exemption previously authorized in the annual budget act through 12/31/2030, as well as extending the timeline to finalize rate reform regulations from 06/30/2028 to 12/31/2030.
- Dana Simon
Person
These extensions will provide the department additional time and flexibility to procure services and issue operational guidance necessary for the continuation of full implementation of person centered outcomes based rate models and the associated quality measures introduced as part of rate reform.
- Dana Simon
Person
Existing law also requires the department to review and update the current rate models every two years. The update process itself requires a detailed cost analysis of each service codes rate model using current information at the time. This has been supported by the expertise and technical capacity of our current contractor. Changing this now would cause delays and inefficiencies before the knowledge transfer is complete. Additionally, current law requires the department to complete rate reform regulations by 06/30/2028.
- Dana Simon
Person
However, substantial technical revisions to title 17 regulations, the complexity of the rate models across hundreds of service codes, and the need for stakeholder engagement require more time for the regulatory process to be completed. These extensions are budget neutral with no additional funding and generally, supported by our community partners.
- Dana Simon
Person
The final implementation of rate reform began on 01/01/2025 with service providers transitioning to not only the rate model rates unless they were held harmless meaning above those rates already, but also to new billing units and service codes as well as the quality incentive program rate structure. Throughout the last year, we have had continuous interaction with provider groups and regional centers.
- Dana Simon
Person
As we determined that there may have been concerns with the assumptions in current rates, such as transportation, early start, and residential services, We have engaged service providers through surveys and work groups to evaluate if adjustments to the rate models are warranted.
- Dana Simon
Person
Additionally, work groups are evaluating transportation, specialized residential provider costs compared to rate model assumptions. And we have also surveyed early start providers evaluating multiple types of service delivery. We have granted exemptions to those unique services that do not fit into existing service codes or categories. We are in the process of evaluating these services to determine where new rate models should be established for statewide consistency.
- Dana Simon
Person
Throughout this process, we are committed to close collaboration with regional centers and service providers to make sure that the system stays stable and accountable.
- Dana Simon
Person
Thank you for your time. I'm gonna turn it over to Mr. Christian for the quality incentive program, and then we can answer some questions. Perfect.
- Aaron Christian
Person
Thank you, Senator Menjivar. Aaron Christian, I am the chief at the Department of Developmental Services, going to provide a brief update on where we stand with the quality incentive program. For sake of time, I wanna where we sit today. I feel like the agenda provided a great overview of what the history of the program, the intent, and and and where we sit today.
- Aaron Christian
Person
Beginning in budget year of 2025, we made it a requirement to be eligible to participate in the quality incentive program to be compliant in three areas.
- Aaron Christian
Person
That includes the HCBS final rule, the electronic visit verification for those that apply for that, that applies and then the independent audits and or review for those that meet that, threshold. With that, this this year we're looking at for the independent audits about a 78%, compliance rate for those that participate in the quality incentive program. We are looking at about a 85% registration rate for the electronic visit verification and then a 100% compliance rate for the HCBS final rule.
- Aaron Christian
Person
It brings us to about a 83% preliminary results for those that qualify for the QIP at 83%. So those that are eligible for QIP, 83% of those providers would earn their their their portion of that.
- Aaron Christian
Person
We did create some flexibilities moving forward with recognition that this is the first year that we implemented those pre requisite requirements. And it will allow providers that meet those requirements moving forward to earn their rate at a later time throughout the fiscal year. Recognition that there are, complexities with implementing, outcome based system and trying to base, incentives on individual outcomes and achieving those.
- Aaron Christian
Person
But really this program has been foundational in moving our system to be more focused on, you know, personal outcomes and helping people achieve their goals. Working with our community to develop goals, to develop our priorities have has really been beneficial and we look forward to continuing those collaborations to improve the program as we move forward.
- Karina Hendren
Person
Karina Hendren, LEO. Just wanted to build off the point that mister Christian raised about the three prerequisites for providers to earn the quality incentive payment. In 2025, the department estimated that adding these prerequisites would save about $222,000,000 in general fund ongoing. But that savings amount was based on an assumption about the number of providers that would meet the prerequisite to earn the payment.
- Karina Hendren
Person
And the legislature could expect to see an updated savings estimate that may revise based on the actuals that have come in of the providers meeting those prerequisites.
- Karina Hendren
Person
I would defer to the administration on what their original assumption was.
- Aaron Christian
Person
We're still working on those numbers. We still have to crunch how many people have met the requirements and just make sure that we're we finalize those Figures but we would be providing updated Fig.
- Aaron Christian
Person
I believe it was well, it scored 220,000,000. The challenge that we have with backing this into that is we have to make sure that we're looking at what categories of providers and what rates they're receiving to make sure that we're within that range. I think we assumed the 20% or or so that would not meet that requirement.
- Caroline Menjivar
Legislator
Okay. And we're sitting at around 70% that haven't met that requirement thus far. And of the 70% that haven't met, I think a 100% of them have met the H C P S rules. Correct. So 78 was electronic visit visitations?
- Caroline Menjivar
Legislator
Okay. So people were struggling mostly with the independent audit and fiscal reviews. But I noticed that you extended the contract. I'm sorry. There was an extension to conduct the audit.
- Aaron Christian
Person
Yes. So what we did is we allowed flexibilities, because this is the first year that we are holding people accountable to that, audit requirement for QIP. The requirement has been around since 2011. What we did is we said, if you come into compliance in that aspect, you you did all of the QIP measures, then you would be have the ability to earn your rate at a later time in the fiscal year. So we would still anticipate some savings because that wouldn't happen until later on.
- Caroline Menjivar
Legislator
Okay. And from that extension, how much do we anticipate that 70% non compliance dropping down to?
- Aaron Christian
Person
That's difficult to to estimate because it's based on whether a provider secures a CPA to conduct those audits. So
- Caroline Menjivar
Legislator
So it's not like they're sharing with us. Okay. We're actually are gonna meet that?
- Aaron Christian
Person
They would be working directly with the regional center sharing engagement letters and things of that nature. That would give us some insights. So we would have to work closely with our regional center partners to really track how many people are engaged in that process.
- Caroline Menjivar
Legislator
Of the 15% that didn't conduct the electronic visit verification, what was the barrier there?
- Aaron Christian
Person
So the that gets a little bit more challenging and I don't wanna butcher, what our our division that has been monitoring the EVV registration. But there is some confusion with some of the providers on whether or not they need to register. So we've had some providers that don't need to register, aren't in the service code classifications that have in fact registered. And then we have the flip side of that where people have been required and have not because they didn't believe that it applied to them.
- Aaron Christian
Person
Coupled with the some misunderstanding, I think on what exempts providers from being needing to register.
- Aaron Christian
Person
So there are a lot of individuals or family members that are vendored for to coordinate their own services that are exempt. So it's it's kind of working through some of those those dilemmas to educate people.
- Caroline Menjivar
Legislator
And they have to comply with all three items every single year? They have to do it?
- Aaron Christian
Person
No. The EVV registration is a one time Okay. Process. The HCBS final rule is ongoing. Although for this year, it's point in time assessments that were completed.
- Aaron Christian
Person
So that would be something that would have to happen on an And the surveys? Yes.
- Aaron Christian
Person
The QIP surveys? Yes. Yes. Those will those will modify year over year as we kind of Sorry.
- Caroline Menjivar
Legislator
That's independent audit and fiscal reviews. That's ongoing too?
- Aaron Christian
Person
Yes. That's an annual requirement. Unless you have a a unmodified opinion by a CPA, you can apply for an exemption that would give you an additional time.
- Caroline Menjivar
Legislator
Thank you. We're gonna hold the item open. Move on to issue number nine. The lowest project. Okay.
- Aaron Christian
Person
Thank you. Again, Aaron Christian with the Department of Developmental Services. So, just a brief overview of the trailer bill language in front of you. Really what we were aiming to do is, is codify the intent of the life outcome improvement system. What that system is looking to accomplish is to update our legacy, our aging legacy systems that are upwards of 40 years old.
- Aaron Christian
Person
It'll encompass our case management, our fiscal systems, the systems used by our state operated facilities and our federal reimbursement system. So it's a pretty broad, in in scope, project. The intent behind it is to create, a system that is transparent, that is person centered, provides access to information for individuals and families that are receiving services, streamlines billing practices and creates operational efficiencies for the regional center so they can spend time coordinating services and meeting with individuals and families.
- Aaron Christian
Person
The really, the the core of the trailer bill is to build in really a government governance system for our existing legacy systems that the regional centers are using today, in a sense that it creates a process for them to seek approval from the department before making any modifications. The reason behind that is one, we need to be aware of what changes are being made.
- Aaron Christian
Person
Any changes do impact the current project. We've created business flows. We are going through the procurement or I'm sorry, we are in the development of our stage two analysis. Any new updates would require us to make adjustments or could require us to make adjustments to those the the planning documents. It also gives us the ability to control how much money is continued to be invested in legacy systems.
- Aaron Christian
Person
As at some point, we will have to cut over as the project progresses. As noted in the agenda, there are some costs that are associated with this trailer bill. These are ongoing costs associated with our project team, the contractors that we're using including, change management, and then some resources for the regional center to help us with data cleanup efforts to prepare us for the transition over to a new system.
- Omar Sanchez
Person
I'll just say that so the the resources requested are are re requested one year limited term. So you'll see that's that's in in line with previous request request for the lowest project.
- Karina Hendren
Person
Karina Hendren, LEO. As the agenda notes, we do find it reasonable for DDS to continue planning for the lowest project. Especially since the department has secured enhanced federal funding for the planning stage. The planning process eventually will result in a cost estimate and timeline for the finalized project. And once the legislature receives this information, it will be better equipped to evaluate the merits of the proposed project.
- Karina Hendren
Person
Given the fiscal constraints facing the state, continued legislative oversight of the lowest projects, costs and progress over time is particularly warranted. And to this end, the legislature could start by asking the department if the project would be eligible for enhanced federal funding for maintenance and operations after it shifts away from the current planning stage.
- Caroline Menjivar
Legislator
Thank you. Keith, I had a question on the previous topic that I totally forgot about. So I'm gonna squeeze that in before I go into this. There is a assembly bill that passed that asked the department to, post, rates for in in the whole rate reform. Do you have the total difference of where we are with the current rates and the rates that were published under that assembly bill?
- Caroline Menjivar
Legislator
Oh, it's the one that left, Yes. Oh, the director is gonna come up.
- Pete Cervinka
Person
We don't have an exact number for you at this point. We do know by service category, roughly the percentage of the rate that, we we are not up to. In other words, rates have increased since the 2019 rate models were established. So
- Pete Cervinka
Person
But but percentage doesn't necessarily translate into a clear dollar figure. There's a lot of work that has to happen because the rates for all those services are different. And so getting to a dollar figure is pretty complicated.
- Pete Cervinka
Person
Alone. So we need a little more time to get to that. I believe we've made am I right? LAO published? No?
- Pete Cervinka
Person
Nope. Take it back. But we we can make that information available. We just don't have the associated dollar figure with with that. But suffice it to say, despite the progress we've made and it was a massive jump relative to Right.
- Caroline Menjivar
Legislator
Yeah. I'd I'd be really interested in seeing the difference. Yeah.
- Karina Hendren
Person
I was just gonna say, I think the table with the percentages might be in the assembly sub two agenda for DDS. But I'm not positive. Okay. It might be.
- Caroline Menjivar
Legislator
Thank you. Alright. Chief, on this issue nine. The consulting fee that I see here. So we procured that in 2023.
- Aaron Christian
Person
Yes. That's so that's inclusive of the, our organizational change management vendor that we're using. We are also using a vendor that's helping us with the federal approval process. Approval process. That helps us review and prepare documents to submit, to CMS for federal approval.
- Caroline Menjivar
Legislator
Okay. So this 3.2 with inflation will always be a request to continue to pay these consulting services.
- Aaron Christian
Person
It may adjust over time as we move along in the project depending on how much we need their services. But right now, yes, this is what we would need. Is it
- Aaron Christian
Person
Oh, the actual contract with them? Yeah. Yes. It's It I believe it We have it set up for every two years but subject to funding.
- Caroline Menjivar
Legislator
Okay. And, so the project may receive federal funding for approximately like 90% of the planning efforts eligible. Is that reimbursements for what we invested in or is that on top of what the general fund is going into?
- Aaron Christian
Person
That would be reinvestments for reimbursements for what we invested in. I do wanna clarify though that the 90% is for those that are eligible for waiver services. So the actual percentage is is about 67%.
- Caroline Menjivar
Legislator
So it's not reimbursements of the lowest project, but it's
- Caroline Menjivar
Legislator
Stuff that we've invested in this project in the past couple years could potentially be reimbursed?
- Caroline Menjivar
Legislator
already started Yeah. Getting reimbursed? So it's every year we get June '25. Thank you.
- Caroline Menjivar
Legislator
Okay. And then, chief, how would you grade our progress so far in implementing and getting LOIS?
- Aaron Christian
Person
Well I'm ready. So far, it's been good in terms of the engagement that we've had with the community. We've hosted a series of town halls to gather information about what individuals and families would want from the the system. I will say and acknowledge that the the hardest part about this is going to be seeking the federal approval. It goes through a series of steps.
- Aaron Christian
Person
They are very linear in nature. And each time, it's about an eighth month process for every stage along the way to get approvals. And that's assuming there's no corrections needed.
- Caroline Menjivar
Legislator
Okay. Thank you. We're gonna hold the item open. Move on to station number 10. The self determination program administrative costs.
- Marlene Morales
Person
This is good. Sorry about that. Good afternoon, Chair Menjivar. My name is Marlene Morales, and I am the branch chief at the California Department of Developmental Services. It's a pleasure to be here today.
- Marlene Morales
Person
The department proposes to amend the existing law outlining the use of the 4,000,000 in savings generated from matching federal funds for prior self determination program pilot participants. The proposal retains the requirement that the first priority of these funds is used for cost to process criminal background checks, as well as other administrative costs incurred to implement the self determination program, and removes the existing language around the use of any remaining funds for other purposes.
- Marlene Morales
Person
The department also proposes to shift $2,000,000 currently allocated to regional centers and local volunteer advisory committees to instead cover the, administrative cost of the department. Local volunteer advisory committees will continue to have an integral and important advisory role in supporting the program. They will continue to hold to their responsibilities, including providing, ongoing recommendations, to the regional center, as well as to the department for improvements in the program.
- Marlene Morales
Person
And in the proposal, this proposal will help the department meet the growing administrative need of the self determination program, and support the standardization the community has requested. This includes creating consistent processes, for key parts of the program, such as individual budgets and spending plans. Working with the community, the department aims to improve participants overall experience. The program has grown from about a thousand participants in 2021 to over, 9,300 participants as of March 2026.
- Marlene Morales
Person
As a result, the monthly criminal background checks have increased from about a 117 as of July 2021 to 523 as of February 2026. Additional staff are needed to support participants being able to access their preferred providers quickly, and that's something that the community has, reported to the department.
- Marlene Morales
Person
If funds are redirected, the department has resources in place to help address facilitation, training, and peer support. For example, the department created pre transition supports to help participants move from, traditional services into the program, and also developed a participant directed service option to reduce access barriers for those communities that were experiencing disparities.
- Marlene Morales
Person
Participants also receive transition supports from their financial management service vendor to help them understand their role as an employer as they're coming into the program, as well as other employer responsibilities. So individuals are not necessarily losing access to those transition supports.
- Marlene Morales
Person
As the department standardizes key areas of the program, it will provide overview trainings for participants, families, regional centers, and service providers. Peer support can continue and will continue through local volunteer advisory committee meetings, which are promoted at every self determination program orientation. In closing, the department really remains committed to the self determination program, its long term sustainability.
- Marlene Morales
Person
This proposal doesn't limit the local volunteer advisory committee roles and responsibilities. They will continue to have a vital advisory role in supporting participants and their families in this program. And I thank you for your time.
- Caroline Menjivar
Legislator
Nothing. Okay. Thank you. Branch chief, clarify, your position is that everything that is being funded through the LVACs in terms of activities are still gonna be funded? Or still gonna be met?
- Marlene Morales
Person
So there are certain, activities that currently the local volunteer advisory committees are addressing that now there are services in place that the department has developed to address a similar area. That example was, like, the pre transition supports where individuals receive support in transitioning into the program. There's already, a service that the department has developed to be able to address, that same area.
- Yang Lee
Person
I would say that not everything because every some, local results, some local areas, they use the funding differently. But large component of what we've, Marlene, has suggested already provided by the department. There's resource fairs that they also, support at the local level. We don't do that with, but, I mean, to the extent that isn't something that's prohibited.
- Yang Lee
Person
Some regional centers do work closely for, LVACs and they can continue to provide that. There are other meetings in order to provide resources to the community also too.
- Caroline Menjivar
Legislator
I, I recognize there is additional needs for administration. I do worry a complete sweep of the $2,000,000 of LFVACs is a, it's a complete cold turkey without allowing some kind of ramp off if necessary. I would prefer if the department could come back with a less complete sweep of the fund recognizing that we do need to meet the administrative costs associated to this and we do need more people to make sure we're processes and the SDPs.
- Caroline Menjivar
Legislator
But to not leave any kind of fund to LVACs, I I think could be detrimental. We're still hearing from advocates or additional resources needed outside of what the regional centers do.
- Caroline Menjivar
Legislator
This fund helps especially with communities of color to meet, to meet their needs. So I'm very weary of giving removing their entire ability, to do things with that fund. Deputy Chief, I mean, Branch Chief you mentioned that it doesn't remove their power, but a little bit it does because they could come up with ideas of how to meet a needs and not have the resources necessary to implement those. So that limits their power essentially. So I do have grave concerns of a complete elimination of that, of that fund.
- Caroline Menjivar
Legislator
That's my only comment on on that and we're gonna hold the item open. Yes. Would you like to respond to that, Omar?
- Omar Sanchez
Person
Of course. Yeah. We'll, we'll just take that back and continue conversation on that.
- Caroline Menjivar
Legislator
Okay. So we're gonna do Issue 11 and 12 really quickly. This is another drive by presentation. I have no questions on either of these issues. On the easy ones? Really quick, ma'am.
- Sonya Fox
Person
Hi. Hi. Thank you. I appreciate the opportunity to talk. My name is Sonya Fox. I'm with the Department of Developmental Services. And I'm here today to talk about the employment access alignment. The, this proposal before you modernizes and strengthens California's employment services system for people with intellectual and developmental disability. First, the proposal removes the statutory requirement that employment services be accredited by Commission on Accreditation of Rehabilitation Facilities or CARF.
- Sonya Fox
Person
In its place, it authorizes the department, to establish service standards that better reflect California's current employment goals and service landscape. DDS will develop these standards in consultation with regional centers, service providers, and other community members with completion by 09/01/2027. Second, the proposal directs DDS and the Department of Rehabilitation to jointly build a more coordinated and integrated statewide employment system. The goal is simple. Ensure individuals experience uninterrupted service, fewer handoffs, clearer, more direct pathways to competitive integrated employment.
- Sonya Fox
Person
To achieve this, the integrated system will include several key components. A dual provider process that allows employment providers to operate across both DDS and DOR systems. Clear and align funding pathways between DDS, DOR and regional centers so individuals can access services more quickly. And a seamless service experience regardless of which department is funding or overseeing a particular stage of employment.
- Caroline Menjivar
Legislator
Nothing to add. Great. We're gonna hold the item open and move on to issue 12.
- Maricris Acon
Person
Oops. There we go. Good afternoon, Chair Menjivar. Last item, I'll be quick. I'm Maricris Acon, Deputy Director for Early Childhood and Youth Services Division at the Department of Developmental Services.
- Maricris Acon
Person
Thank you for the opportunity to speak with you today, and I'll be glad to move straight to answering the questions posed in this section. Please provide an overview of the proposal. The Department of Developmental Services proposes a three year limited time, time limited authority to issue directives to local educational agencies and regional centers operating early intervention programs.
- Maricris Acon
Person
This proposal reflects the end of our department's interagency agreement with the California Department of Education to oversee and monitor early intervention programs funded with federal grants and operated by these school districts.
- Maricris Acon
Person
It is a mutual decision by both departments. The transfer of the CDE's oversight responsibilities of LEA programs to our department will result in a unified statewide oversight structure that strengthens physical and programmatic compliance and streamlines monitoring for part c programs.
- Maricris Acon
Person
The proposed legislation also consolidates transition related provisions for toddlers exiting early intervention programs in the current law into a new government code chapter. Some of the activities involved in state oversight of local education agencies include programmatic monitoring. This activity involves review of records for infants and toddlers served by the school districts.
- Maricris Acon
Person
The outcomes of these reviews are reflected in the, annual report that our department submits to the US Department of Education. The next one is fiscal oversight of federal funding to LEAs.
- Maricris Acon
Person
Yes. Yes. The second part, I wanted to address your last question. You said, you were asking how this transfer of oversight responsibilities will change the experience of families. With the alignment of state level monitoring for all children in early start, we anticipate that regardless of whoever's coordinating their services, LEAs, regional centers, all families will have the same experience as more consistent interpretation of the requirements are adhered to. That pertains to timeliness of services, transition planning, all those things.
- Caroline Menjivar
Legislator
Thank you. Great. Okay. So we have, I have thirty four minutes for public comment. Maybe pushing it to forty minutes.
- Caroline Menjivar
Legislator
So I'm gonna ask, if you're a lobbyist, please do not come to the front of the line. You see me here Monday through Thursday. You can talk to me there. I would like to first hear from advocates and consumers first. We'll start.
- Caroline Menjivar
Legislator
I can only get forty five seconds so I can hear from everybody. Okay? Here we go.
- Unidentified Speaker
Person
I'm an old mom not long for this world. I flew up from Southern California this morning to tell you about how worried I am, but I would like to share some different data with you because I heard you ask questions during this session that you did not get answers for. The first is, I did file a freedom of information act with reference to your question of wanting to get, expenditure data by service code. I was told for $964 I could get that info, so maybe you've got that money. As a mom, I do not.
- Unidentified Speaker
Person
I also wanted to share with you the, the national core indicator survey data, which I think is so important and I want the legislator to hold DDS and regional centers accountable to improving the lived experience. All these, all these measures are all about money and control and nothing in there about lived experience. 36% of the people in the last go round of of the NCI survey felt that they always got respite when they needed. 36%.
- Unidentified Speaker
Person
55% said that their service coordinator listened to them. This is just validating what you were saying and you were told not to. Right? And then the last.
- Maribel Almada
Person
Hi. Thank you. My name is Maribel Almada. I am a mother of individual with many complex needs. And I just wanna say, first of all, thank you for hearing us and supporting us in this fight of the Medicare cuts that are planning to to happen with the IHS. But also when I say that [Spanish].
- Mariana Guerrero
Person
Hello. Good afternoon. My name is Mariana Guerrero, and I've been my sister has been served by the regional center for the last forty forty years. The only thing that I'm asking today is for transparency. Unfortunately, everything that was said today, lived experience here, the regional centers are not doing their job.
- Mariana Guerrero
Person
Families are in crisis. Families are not getting any services. And my sister is now in the self determination program, which is changing lives. Thank you.
- Rosie Lasca
Person
Hello. I'm Rosie Lasca. I'm with the Independent Facilitator Training Academy. I'm a parent of an individual served by regional center. I am a member of the SDAC, LVAC committee of Alta California.
- Rosie Lasca
Person
I oppose the removing of the $2,000,000 and turning it into administration. This would cause, great disparities. I agree with your suggestion to maybe reduce a little less. If they are trying to increase enrollment, the reduction of the of the funds will not help in increasing enrollment and they will create great disparities. Thank you.
- Unidentified Speaker
Person
Good afternoon. Thank you. Thank you. Everything that is been said right now and we echo that. But I'm here to tell you about the community that is here that drove from very far away to come and be that voice here today.
- Unidentified Speaker
Person
The new proposed grievance process, the what families are telling you is that the sixty days that has been given to the regional centers, it was explained today that it would be meant so that they would have a conversation with families. It usually in the in the real world, it doesn't work that way. It's sixty days for them to investigate and come back. And the decision when they come back is not really a a dialogue. It's really final.
- Unidentified Speaker
Person
And this has been the journey and the experience for so many years, so this is why there's so much distress. Thank you.
- Fernando Gomez
Person
Yes, this is Oscar Antonio. Senator, two quick things. On the board, contracts approvals, I think there's one key piece missing and that is to have a summary of when there's you're renewing a contract to have some kind of performance. You know, how are they doing? Are there any complaints and so forth? This kind of information is needed for the bird to for the board to do an educated, you know, response to the to to agreeing to it.
- Fernando Gomez
Person
The second point is is that in concept, there is a twenty second regional center, and it's called out the self determination. Conceptually, it, it really has a lot of the self functions, a lot of the flexibility. Oscar Antonio is in the six year self determination, and it's amazing. I think we can look at it from that perspective. It will be very beneficial.
- Anita Pette
Person
Hello. My name is Anita Pette. I show you a post to the attempt to limit the services to the self determination program and the community suffers.
- Anita Pette
Person
The programs exist and promote independence, self determination, and integration to the community community. Lifting these services not only affects the presence of the people with disabilities, but also their future. Support such as social programs, community activities, skill developments, they are essential for unit independence and meaningful lives. Going backwards on this advance will be a big mistake and step backwards in the right of the community. We demand the right for food inclusive to be respected and also for the [Spanish].
- Luis Cabrera
Person
Hi. Good afternoon. My name is Luis Cabrera, and I'm a parent of an eight year old autistic son. I stand against cuts to Medicaid, IHSS, and disability services because these programs are not luxuries. They are lifelines.
- Luis Cabrera
Person
Childrens and adults with disabilities depend on their support for health care, daily care, independence, dignity. Budget cuts may save money on paper, but they create greater suffering for families already hard, suffering every single day. Please don't do this, and thank you so much for listening to us.
- Jillian Spindle
Person
Hello. My name is Jillian Spindle. I'm with Mission Promise Neighborhood in San Francisco, speaking in strong support for issue number 13, emergency funding for promised neighborhoods. Mission Promise Neighborhood is a thirteen year old place based partnership between the city school district and 11 nonprofit partners that works to meet urgent needs and improve long term outcomes for children and families. This funding will provide a lifeline for us to provide critical safety net services during a time when they are needed the most.
- Jillian Spindle
Person
We serve a predominantly Latino community and help thousands of families each year with benefits access, financial education, job training, early learning, academic tutoring, and so much more. We urge the committee to please support this request for emergency funding. Thank you so much.
- Edgar Chavez
Person
Good afternoon. My name is Edgar Chavez. I'm the executive director here with Hayward Promise Neighborhoods, speaking on issue 13, emergency funding for California Promise Neighborhoods. And I represent over 5,000 children and families where that we serve annually through 14, partnering agencies. In December, Hayward received a $13,500,000 federal grant cancellation, based on new federal priorities.
- Edgar Chavez
Person
We closed over a dozen programs and eliminated 20 positions disrupting fifteen years of home family created to career supports, connecting families to these, basic services. And our we completed an evaluation last year for that for every dollar invested. It returned $4 in social benefits across, any community. So I urge you to support this initiative.
- Jessica Rincn
Person
Good afternoon. My name is Jessica Rubio, and I am representing in the Chula Vista Promise Neighborhood. I'm here in also in strong support of issue 13. During the last couple of years, SBCS has faced financial difficulties, and we have been trying to keep up with programming with this limited capacity.
- Jessica Rincn
Person
We serve a large, Latino community through a cradle to career pipeline by using a two generational approach. Our promotor model creates a one stop shop for parents and students when they need access to services and programs.
- Jessica Rincn
Person
And our impact has been proven by data. We have increased kindergarten readiness by 23% over six years. And, by addressing root causes like housing and employment, we have, helped schools cut chronic absenteeism by 6% since the pandemic. If the, if these community hubs close, we lose their trusted relationships. Thank you.
- Unidentified Speaker
Person
Hello. We belong to our, OurHSC and, we're here to beg you guys to help us to fight this. This is a a fight for us because we have to go to the centers and almost beg. That's the way I feel. And I don't think it's fair for our kids to feel that way.
- Unidentified Speaker
Person
Sometimes when she says when somebody says no to her, she just grasp me and wants to run out. She knows what's going on and self determination has changed her life completely. Now she learning to talk. She's learning to to meet more people. So please help us on keeping self determination.
- Selena Estrada
Person
Good afternoon. My name is Selena Estrada. I'm here representing my two kids who are served by the regional center, East LA Regional Center. Not because I want to be here today, but by choice. Because I am their voice.
- Selena Estrada
Person
And I feel that every single day for us to have to struggle and battle for services that are necessary is is it shouldn't be this way. But anyways, just wanted to say thank you so much, Senator Menjivar, for taking the time to really listen to us and hear our voices, and, really appreciate it. Thank you so much.
- Marisol Gomez
Person
Hi. Good afternoon. My name is Marisol Gomez. I'm here to represent my son, who's a client of East Los Angeles Regional Center. It's been a long road.
- Marisol Gomez
Person
I feel like it's been difficult for all of us here. We're here because we need to be. We need to keep fighting for our children. And like everyone here has said, it shouldn't be difficult. It should be straightforward.
- Marisol Gomez
Person
There are billions of dollars that could be placed correctly instead of removing from our children. But I wanna say thank you for everybody listening.
- Carolina Arzate
Person
Hi. My name is Carolina Arzate. I am mother of two clients of Baltimore Regional Center. In response, to Director Servenka, I believe he doesn't appear to be fully informed about the reality that families face, regarding generic services and the support provider for by BMRC. We were recently informed that BMRC is unable to assist families in obtaining essential services such as IHSS, which leaves many families without the guidance and support they truly need.
- Carolina Arzate
Person
Regarding the boards, we don't understand why parents and seller pockets are not being included. We are the ones who lives everydays with real needs. Thank you.
- Unidentified Speaker
Person
Good afternoon, Senator. Thank you for everything you're doing for all of our children who are present and the ones that are not that we are representing for the families who have special needs kids. This is Erin and Victoria sitting over there. We they're former East Los Angeles Regional Center. We moved back to Downey in February, and we were in Whittier.
- Unidentified Speaker
Person
That's why we belong to ELARC. We've been waiting since. So this message is for GDS director. So you mean to tell me that now I have in order to complain, I have to wait another sixty days. We've been waiting since February, okay, to get a complaint through.
- Unidentified Speaker
Person
Is that right? Is that fair for us as families? I only get thirty hours of respite for my kids. That's just the question I'm asking him. Thank you.
- Omar N/A
Person
Hello. My name is Omar, and I would like to give my thanks to the self determination program for making a differences in my life. It has given me more voice in the decisions about my supports and services in which helps me feel more independent and confident. Because of this program, I receive services that better fit my needs and goals, improving my daily life and well-being.
- Omar N/A
Person
I truly appreciate being part of the self determination program because it allows me to have more choice, control, and opportunity to grow as a person. Thank you for your support.
- Nestor Nieves
Person
Nestor Nieves, self advocate. When the decision to cut local volunteer advisory committee implementation funds was made to cover administrative costs of self determination, the LVACs were not consulted if a compromise could be made. It was just done out of the blue. Some of the committees were passionate about the projects they have funded with their funds.
- Nestor Nieves
Person
Also, LVAC feel that DDS was very vague in their answers and did not assure the LVAC on how things like STP coaching, I have trainings, other trainings, resource fairs, or technical support to help families transition into an STP will continue when the LVAC fund is implementation funding will be cut like, where is the the assistance for people going into STP coming from? It would that was not made clear.
- Nestor Nieves
Person
Okay. And Thank you. We just never bought to be representative and Thank you.
- Christiana Morales
Person
I'm shorter than he is. Hi. My name is Christiana Morales. I'm the parent of a 24 year old, who is in the STP program, and it's been life changing for our family. I wanna talk about that redirection of the LVAC funding.
- Christiana Morales
Person
STP reduces disparity because nobody has zero services in this program. And that's really key. That's huge. But it is unnecessarily difficult to access these services, especially for disparate groups. The best people to identify what access services are needed are those very communities.
- Christiana Morales
Person
We face those systemic barriers. We know what we need. DDS listed all administrative costs but failed to address the direct services these funds provided. They are disingenuous in saying these services are gonna be covered. They are not.
- Christiana Morales
Person
They have a fiduciary duty to prioritize direct services over administrative ones. And these don't meet those standards. DDS does not have a plan how those redirected services will address the inequities. Thank you.
- Caroline Menjivar
Legislator
Thank you. I only have about fifteen minutes left. So no more than thirty five seconds, please. So I can hear from hopefully all of you.
- Samantha Cruz
Person
Hello. My name is Samantha Amber Hara Cruz. And I'm here so you could all see how programs like IHSS Therapy Service and health service are necessary for us. It's because IHSS that I live at home with my mother and not in an institution. My mother keeps me safe and being in my familiar surrounding lessen my anxiety, and I'm able to control the negative behaviors.
- Samantha Cruz
Person
Now I feel part of the society that you're all are a part of. In it, you made the laws that affect us all. I want and I deserve freedom and to live as normal as possible. Do not cut our lives.
- Maria Cruz
Person
Hi. My name is Maria. And the young woman that just spoke to you is my daughter. Samantha was diagnosed at age seven with autism. Now she's 24.
- Maria Cruz
Person
Now she's striving and learning to be independent as she could possibly be. Our children are not broken. They are not a diagnosis. They're not a problem. They're not a fraud.
- Maria Cruz
Person
They're just special. They need services as like IHSS and self determination. So I ask you kindly, please, to look at them. At everyone with a disability as the human beings as they are and do not cut the services. I also would like to take the opportunity to let you inform you that I recently signed or
- Maria Cruz
Person
Put a complaint. And the timeline that they talk about is not follow. We are not being issued.
- Miles Nochesis
Person
Good afternoon, chair. I'm deaf and I allow a little extension time for interpretation. A little bit of an extension if that's possible. Thank you so much. I really appreciate it.
- Miles Nochesis
Person
My name is Miles Nochesis. I'm a Director of Deaf Services Supported Living Services. I'm here to take to support of the forty-hour work week language along with the addendums of recommended by the California Community Living Network.
- Miles Nochesis
Person
At the center of this conversation are people with developmental disabilities who are living in their own homes and communities with the support they choose. Consistency is in support matters. It means people are supported by individuals they know and trust. It means communication is clear. It means safety, stability, and dignity in everyday life.
- Miles Nochesis
Person
For people who are deaf or hard of hearing, this consistency is especially important. Communication access is not optional. It's essential for connection, independence, and full participation. Maintaining alignment with IHSS is also important. Many direct support professionals provide support across both systems, often with the same person.
- Miles Nochesis
Person
When those systems are aligned, it helps avoid disruption and supports continuity in people's lives. The addendum helps strengthen the continuity. It supports a stable workforce while keeping-
- Gabriel Mesa
Person
Good afternoon, State Senators. Thank you very much for your time. My name is Gabriel Baca Mesa. I am the oldest sibling of two clients of the Redwood Coast Regional Center, and I am very troubled by some of the trivial language, specifically that regarding the governing boards. I just find it that it's unacceptable, and this might be a bit uncouth, but I know that Pete Trevinkas spoke earlier about having not having a problem with there being less clients on the board as long as they're a 100% competent.
- Gabriel Mesa
Person
I wonder if he'd be fine with there being zero clients on the boards so long as they're a 100% competent. If so, I think that is disgusting. It is a violation of the intent of the Lanquin Act, and it must not be passed. Thank you very much for your time.
- Good Martin Quinones
Person
Good afternoon. My name is Good Martin Quinones, Young Win ICC. I'm very thankful for this for this chance to voice my discontent and there are thousand in my community who share my opinion. We object to the budget's cut affected all public services like medical, IHSS, and self-determination among other budget cuts.
- Good Martin Quinones
Person
This administration is attempting to implement given that this will affect all of us. To put in simply, this will this impact the nation's most vulnerable citizens. Thank you.
- Juan Cruz
Person
Good afternoon, members of the Committee. My name is Juan Carlos Cruz. I am a father and advocate for families in disability community. I strongly oppose cuts to Medi Cal, HSS, and regional center services and self-determination program. These are not luxuries.
- Juan Cruz
Person
They are lifelines that provide safety, dignity, and independence for people with disabilities. Families already face barriers and discrimination with disabilities. Families already face barriers and discrimination every day. Cutting these supports will push families into crisis and isolate vulnerable individuals from their communities. People with disabilities deserve equal opportunities, respect, and support that they need.
- Juan Cruz
Person
I urge you to protect these critical programs and stand with families that depend on them every day. Thank you.
- Christina Cannarella
Person
Hi, Senator Menjivar. My name is Christina Cannarella. This is my son, Johnny Hatch. We're both constituents of yours in your district. John, one second.
- Johnny Hatch
Person
Hi, Senator Menjivar. Thank you for being such a great advocate for us and for coming to our rally today. You rock. A few weeks ago, DDS determined my rights were violated by my day program and by regional center when my day program kicked me out of the program, but unfortunately nothing happened to them. They are still able to get new people to join the program.
- Johnny Hatch
Person
It isn't fair. There are no consequences. The DDS Regional Center are supposed to protect me from having my rights violated. How are they doing that? Why do they wait until after my rights have been violated to then try to make things better?
- Johnny Hatch
Person
I think of all the people who don't have a mom or dad or loved one to advocate for them. I feel sad when I think about that. Those who can't speak, those who don't have a way to tell people what's happening, who's there for them? How do we know that they are safe and their rights aren't violated? How do we know they are being taken care of?
- Johnny Hatch
Person
Thank you. With respect and dignity. Thank you. The way that they are supposed to be.
- Fabiola Cruz
Person
Hi. Good afternoon, everyone. My name is Fabiola. I'm a representative of ICC and the mother of a son with disability who depends on these services every day. I do wanna thank you, Caroline Menjivar, for being here and just hearing us, all of us coming in here today from afar.
- Fabiola Cruz
Person
I just wanna say of course, I also strongly oppose to cuts to all medical, IHSs, regional center services, and STP. I do wanna say families already face discrimination and barriers every day, and STP wait list continue to prevent families from getting urgently needed support. Even then, the person department is difficult to access, and many families feel their calls go unanswered and they are not receiving the help they desperately need. I also hope P. Servinka truly hears the realities families face
- Carlos Hernandez
Person
My name is Carlos Hernandez. I am a neurodivergent person. I am here to ask you to protect the self-determination program in Medi Cal. Self-determination not only improves lives, it also saves the state money. It allows me to live in my community, choose my providers, and avoid institutionalization, which is much more costly.
- Carlos Hernandez
Person
Furthermore, it eliminates long waiting lists and makes the system more efficient. MediCal is essential to my health and my life. Without these services, my stability would be at risk. I ask that you make responsible
- Caroline Menjivar
Legislator
I have like, four minutes, twenty seconds. I'm so sorry. It's okay. I'm already off.
- Rosie Sigala
Person
Stop me when you need to. Good afternoon, Senator. My name is Rosie Sigala. I'm one of the six Board Members who resigned from the North LA Regional Senate Board. After recent serious concerns about leadership, transparency, and accountability, we asked difficult but necessary questions about contracts, violations, and oversight.
- Rosie Sigala
Person
We were not yes people. We did what the Board Members are supposed to do. And for that, we were punished. Shortly after resigning from the board, my nonprofit which provided free services including Spanish speaking support groups, was removed from the using the Regional Center Community room. My own children, both regional center consumers, were suddenly pulled into appeals and grueling unfair hearings.
- Rosie Sigala
Person
And consumers connected to my program, associated with me were denied services. That'd be a seco. Thank you.
- Caroline Menjivar
Legislator
Erica, if you can come, I only have these these are the last three. These are the last three.
- Caroline Menjivar
Legislator
Elizabeth too, it's a great team that I have. If you need comments that you want to show, you think that I still need to hear.
- Caroline Menjivar
Legislator
But please email any additional things to sbudsenatebudge. So [email protected]. But I promise that I'm hearing all of you and take into consideration. With that, budget subcommittee number three in health and human services is adjourned.
No Bills Identified
Speakers
State Agency Representative