Information Regarding V. L., et al., V. John A. Wagner
Individual In-Home Supportive Services (IHSS) recipients and chapters of the Service Employees International Union (SEIU) are suing the California Department of Social Services (the Department) and the California Department of Health Care Services to prevent new IHSS rules from going into effect. The new rules are found in Welfare and Institutions Code Sections 12309(e) and 12309.2, as amended and added by Assembly Bill X4 4.
These sections require that applicants and recipients of IHSS must have a calculated Functional Index (FI) Score of at least 2.00 before they can receive IHSS services. Also, Domestic and Related Services are available only to applicants and recipients with an FI Rank of at least 4 in that area.
The court has directed the Department to stop the new rules from taking effect. On October 23, 2009, the court issued an order that required the State to make sure that there was no delay in paying IHSS providers for services provided to recipients. The court also let the State determine how best to follow the courtís order, as long it was least expensive to county and state taxpayers.
IHSS recipients who would have been affected by the change in state law will receive a letter letting them know about the courtís order. These letters will be mailed beginning Tuesday, October 27, 2009.
To View the court order.