State Moving Ahead on Worker Restrictions for In-Home Care Program
Next week, California's Department of Social Services plans to enact new rules preventing individuals with prior convictions for felonies or certain misdemeanors from providing care through the state's In-Home Supportive Services program, the San Francisco Chronicle reports.
Previous Court Action
In February, Superior Court Judge David Hunter ruled that Gov. Arnold Schwarzenegger's (R) proposed IHSS regulations would exceed state authority.
Hunter said state law bars workers from IHSS for 10 years if they have been convicted of child abuse, elder abuse or defrauding Medi-Cal, California's Medicaid program. Beyond those categories, IHSS beneficiaries can employ whoever they want, Hunter said.
The Schwarzenegger administration is appealing the decision.
On Wednesday, attorneys for Schwarzenegger and a group of IHSS workers argued in Alameda County Superior Court that the governor should be able to move forward with the new IHSS regulations while the appeal is pending.
David Sheehan -- a lawyer for IHSS workers that sued the state -- said Hunter could intervene if he determined that the new exclusions would cause undue hardships for IHSS beneficiaries or caregivers.
Hunter has promised a decision within the next few days, Sheehan said (Egelko, San Francisco Chronicle, 8/19).This is part of the California Healthline Daily Edition, a summary of health policy coverage from major news organizations. Sign up for an email subscription.