Judge Blocks Plan That Would Restrict Workers From In-Home Care

On Tuesday, Alameda County Superior Court Judge David Hunter ruled that a plan by Gov. Arnold Schwarzenegger (R) to prevent individuals convicted of a felony or certain misdemeanors from serving as caregivers in the In-Home Supportive Services program would cause irreparable harm to both patients and caregivers, the AP/San Francisco Chronicle reports.

The restrictions were set to take effect this week.

Background

Some IHSS workers said the governor's proposal would prevent some patients from having their preferred caregiver (AP/San Francisco Chronicle, 8/25).

In February, Hunter ruled that the governor's proposed IHSS restrictions exceeded state authority.

Schwarzenegger appealed the ruling (California Healthline, 8/20).

State law already prohibits certain individuals from working for IHSS if they have been convicted, within the past 10 years, of:

• Child abuse;
• Elder abuse; or
• Defrauding Medi-Cal, California's Medicaid program.

Implications

Hunter's most recent ruling keeps his previous decision in place, while the Schwarzenegger administration continues its appeal (AP/San Francisco Chronicle, 8/25).