June 2022 Updates
Top News
STATE BUDGET UPDATE: The Legislature passed the state budget bill, SB 154 on Monday afternoon, meeting their constitutional deadline to submit a state budget to the Governor’s desk by June 15. The bill sent to the Governor contained funding for our proposals to accelerate rate study implementation by one year and update the models, other Lanterman Coalition proposals such as updating the regional center core staffing formula, and the Department of Developmental Services (DDS) “workforce stability” initiative. You can read full details in the Assembly 2022-23 Budget Floor Report and skip to page 47 for the DDS provisions.

We are thrilled to have such a strong showing of support from the Legislature, but the budget is not finished! The Governor’s office and the Legislature will continue to negotiate the details. Until an agreement is reached, and an amended bill is passed and signed, our advocacy must continue! Make sure to share the Lanterman Coalition action alert at TheFutureIncludesUs.org, which can be used to send emails, tweets, or phone calls to Governor Newsom. As always, we will keep you informed as soon as we have important budget updates.

DISABILITY THRIVE INITIATIVE IS BACK: CDSA is excited to again be partnering with Easterseals Southern California on the Disability Thrive Initiative! We will also be working with some names you might recognize – Laurel Mildred is managing the project and Will Sanford is consulting on subject matter and community outreach.

This phase will be a bit different. Last year, the Initiative was very focused on helping the disability community adapt through the COVID-19 pandemic and deliver person-centered alternative services. Now we will be working more closely with DDS to help IDD services navigate all kinds of changes, from workforce to state policy. What hasn’t changed is that the Initiative will facilitate forums for good ideas and practical resources through our webinars, live Lunch and Learn conversations, and resource library. 

If you missed our first webinar, you can still watch the recording or read the slides. DDS, the New York Alliance for Inclusion and Innovation, and PathPoint covered the DSP Workforce Survey and its value to both providers who participate and the whole disability community. Thank you to Harry Bruell and April Peterson from PathPoint for presenting in the webinar, and Jami Davis from Marin Ventures for speaking in the Lunch and Learn!

Our next webinar will be about Social Recreation and Camp services, scheduled for Wednesday, July 13 at 3:00 pm. The following Lunch and Learn will be Friday, July 15 at 12:00 noon. If you are currently providing (or establishing) social recreation or camp services that you might like to showcase for the community, contact Laurel Mildred. We would love to feature CDSA members if possible!
DSP WORKFORCE SURVEY: The submission period for the Direct Support Professional (DSP) Workforce Survey is still open until June 30! This data is incredibly important, not just to DDS, but for our advocacy as well. If your organization hasn’t already completed the survey, we hope you will get started on it in time to submit by the deadline. If no one in your agency received an email invitation to complete the survey, please email [email protected].

DDS will provide incentive payments of at least $8,000 to each organization who completes the survey by the deadline. To qualify for the incentive payment, providers must complete every question. If you aren’t sure about any of the questions, you should be able to select a “do not know” response. Incentives will be paid after the survey window closes and will come through regional centers.

For more information, visit the DDS DSP Workforce Survey webpage. Please contact [email protected] with any questions and be sure to include the requested information listed on the webpage for a quicker response.

Please help us promote the importance of this survey to your fellow service providers! We have a flyer you can share within other provider listservs and groups, as well as some great Tips for Completing the Direct Support Professional (DSP) Workforce Survey that came from last week’s webinar. If you want to promote on social media, you can share our Facebook post or tweet with the survey tips. 
CDSA-SUPPORTED LEGISLATION: At the recommendation of our Legislation Subcommittee, the Public Policy Committee has voted to support the following bills this legislative session.

Legislation & Status
  • AB 1093 (Assemblymember Jones-Sawyer) – Authorizes and establishes a system for remote online notarization, making notary services more accessible and affordable for people with disabilities. Set for hearing in Senate Judiciary Committee on June 21 at 10:00 am.
  • AB 1900 (Assemblymember Arambula) – Increases the maintenance need income limit to 138% of the federal poverty level for Medi-Cal for individuals with disabilities and those over 65, allowing them to keep more money for necessities while still qualifying. Re-referred to Senate Committee on Appropriations.
  • AB 1947 (Assemblymember Ting) – Requires local law enforcement offices to adopt hate crime policies and procedures, which include disability in the list of protected characteristics and describe unique forms of bias against people with disabilities. Set for hearing in Senate Public Safety Committee on June 21 at 9:00 am.
  • AB 2331 (Assemblymember Calderon) – Creates a grant program to provide one-time funding to qualified adult day service providers who need financial assistance with necessary COVID mitigation and resiliency relating to infrastructure and workforce. Re-referred to Senate Committee on Health as of June 14.
  • AB 2378 (Assemblymember Irwin) – Offers employers a tax credit for hiring a vocational rehabilitation referral or qualified SSI or SSDI recipient, opening more employment opportunities with people with disabilities. Held under submission as of May 19.
  • AB 2547 (Assemblymember Nazarian) – Aims to stabilize housing to prevent and end homelessness among older adults and people with disabilities through a targeted rent subsidy, with a budget ask of $1.4 billion in one-time funds. Re-referred to Senate Rules Committee as of June 14.
  • SB 870 (Senator Portantino) – Changes the defining age for a developmental disability from 18 years old to 22 years old. Referred to Assembly Human Services as of June 2.
  • SB 882 (Senator Eggman) – Creates an Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement, which would evaluate existing training for peace officers specific to interactions between law enforcement and individuals with IDD. Re-referred for Assembly Committee on Appropriation as of June 14.
  • SB 1093 (Senator Hurtado) – Removes the requirement that a request to transfer a current criminal record clearance from one licensed facility to another be made in writing with a copy of person’s identification, creates a submission process through the CDSS online portal and requires licensee to verify identity instead. Currently in Assembly Human Services Committee as of June 14.

If there’s a bill you think CDSA should support that isn’t on this list, you can contact LaNaya Blackwell, who can bring it to the attention of Legislation Subcommittee Chair Sarah Verity. 
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UPCOMING DDS STAKEHOLDER MEETINGS:
Regional Center Measures Workgroup
Tuesday, June 21
1:00 – 3:00 pm
Quality Incentives Workgroup
Thursday, June 23
10:00 am – 12:00 noon
EVV Office Hours
Tuesday, June 21
3:00 – 4:00 pm
Employment Workgroup Meeting
Monday, June 27
1:00 – 2:30 pm
Find link on the DDS Stakeholder Events page once registration opens
We will always do our best to inform you about DDS stakeholder meetings through our Member Update Calls and the newsletter, but things are moving quickly. Stay up-to-date with meeting schedules and links on DDS Stakeholder Events, DS Task Force, EVV Meetings, and Rate Study Implementation pages.
ADDITIONAL READING AND RESOURCES:
National News & Federal Government
FEDERAL FUNDING ADVOCACY: Negotiations on a federal budget reconciliation continue between Senate Majority Leader Chuck Schumer (D-NY) and Senator Joe Manchin (D-WV). Reports about the process indicate that the two parties are “closer than they’ve ever been” to reaching a deal and indicate that the Home- and Community-Based Services (HCBS) funding provision may still be included. Our national partners at ANCOR submitted a letter to Congressional leadership about the importance of this funding, which CDSA and several members signed onto in support. We will continue to keep members updated with any news or key advocacy opportunities.

STATE FLEXIBILITY FOR HCBS: The Centers for Medicare and Medicaid Services (CMS) released an update about the implementation process for the HCBS Settings Rule, along with a slide deck detailing the strategy. CMS had been hinting about flexibilities for a while, but in this presentation to state Medicaid directors was our first opportunity to see them in writing.
Available flexibilities (Slide 10)

Flexibility: CMS will authorize corrective action plans (CAPs) to continue federal reimbursement of HCBS beyond the end of the transition period, if states need additional time to ensure full provider compliance with the regulatory criteria [considered to be impacted by the Public Health Emergency (PHE)]. These include for example:
 
  • Access to the broader community
  • Opportunities for employment
  • Option for a private unit and/or choice of a roommate
  • Choice of non-disability specific settings
 
Criteria still subject to compliance deadline (Slide 7)

Expectation: All states and settings will be fully compliant with the following regulatory settings criteria that are not impacted by the COVID-19 PHE, including its exacerbation of the workforce shortage, by the end of the transition period.
 
  • Privacy, dignity, respect, and freedom from coercion and restraint
  • Control of personal resources
 
Expectation: All states and provider-owned and controlled residential settings will be fully compliant with the following regulatory settings criteria that are not impacted by the COVID-19 PHE, including its exacerbation of the workforce shortage, by the end of the transition period.
 
  • A lease or other legally enforceable agreement providing similar protections
  • Privacy in their unit, including lockable doors, and freedom to furnish or decorate the unit
  • Access to food at any time
  • Access to visitors at any time
  • Physical accessibility
  • Person-centered service plan documentation of modifications to relevant regulatory criteria
States must request a CAP from CMS by December 1, 2022 that demonstrates the barriers to complete compliance and what is needed to overcome them. We have not received indication from DDS about any plan to submit a CAP request.
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ADDITIONAL READING AND RESOURCES:
The Latest in HR & Labor
JULY 1 MINIMUM WAGE CHANGES: On July 1 several California localities are raising their minimum wage requirements and several are dropping their separate wage rate based on business size. Only West Hollywood will differentiate minimum wage based on number of employees.

The following localities will be raising their minimum wage:

  • Alameda: $15.75/hour
  • Berkeley: $16.99/hour
  • Emeryville: $17.68/hour
  • Fremont: $16.00
  • Los Angeles City: $16.04
  • Los Angeles County (unincorporated areas): $15.96/hour
  • Malibu: $15.96/hour
  • Milpitas: $16.40/hour
  • Pasadena: $16.11/hour
  • San Francisco: $16.99/hour
  • Santa Monica: $15.96/hour
  • West Hollywood: $16.00/hour for 49 or fewer employees; $16.50/hour for 50 or more employees

Be sure to check where any remote employees are working from, as some employees may be subject to a higher minimum wage based on their location.
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SUPREME COURT SETS LIMITS ON PAGA: The Supreme Court has ruled that the Private Attorneys General Act (PAGA) cannot be used to circumvent binding arbitration agreements, finding that it is preempted by the Federal Arbitration Act (FAA). PAGA had been the legal basis for state courts to allow private suits despite parties’ prior agreement to arbitrate, including claims on behalf of groups of employees for multiple labor law infractions at once. While PAGA suits are now subject to binding arbitration, unions should still be able to arbitrate disputes on behalf of groups of workers.
Happening at CDSA
CDSA BOARD ELECTIONS: CDSA Board of Directors Elections have concluded and we appreciate everyone who took the time to vote. Our newest Directors will be Cheryl White from Cedars of Marin and John Brauer from New Horizons. On July 1, they will officially take their positions upon the departure of Lindsey Dyba and Matt Rogina, who have both reached term limits. Please join us in giving a huge thank you to Lindsey and Matt for their years of service on the CDSA Board of Directors, and a warm welcome to Cheryl and John!

ANNUAL MEETING 2022: Save the date for the CDSA Annual Meeting on September 21-23 at The Westin San Diego Downtown! If your organization is trying out new ideas or has learned a lesson worth sharing, we hope you will consider sharing with your fellow members at the conference. It takes just a few minutes to submit a session proposal and we will follow up with you about further details. We look forward to seeing you in San Diego!
MITC DSP AWARDS: MITC is awarding $5,000 in September to Direct Support Professionals who stand out and go above and beyond to provide exemplary service. The deadline to nominate a DSP is August 1st, 2022. Nominate Your DSP Today!
Coming Up
MEMBER CALL DATES: CDSA holds member update calls on the second and fourth Thursdays of the month at 1:30 pm, unless rescheduled due to conflict. The next member call will be July 14 at 1:30 pm. The regularly scheduled call next Thursday, June 23 is canceled.
Member Update Call
2nd and 4th Thursdays
1:30 – 2:30 pm
Meeting ID: 913 0608 0902
Passcode: 162009
One tap mobile: +14086380968,,91306080902#,,,,*162009#
CAUCUS MEETINGS:
  • Inland Empire, June 23 at 10:00 am
  • Central Valley, July 12 at 2:00 pm
  • Capitol, July 19 at 10:00 am

COMMITTEE MEETINGS:
  • Public Policy, July 21 from 3:00 pm - 4:30 pm
  • Membership, July 25 from 2:00 pm - 3:00 pm
  • Public Relations, August 2 from 10:00 am - 11:00 am

All meetings via teleconference until further notice.

Please note that these dates are based on the regular meeting schedule and are subject to change. If you need information about a caucus or committee, including call information, please use our Leadership Directory to find and contact the chair.
Board & Committee Updates
CDSA BOARD: The CDSA Board held a retreat on April 28-29 to assess how CDSA is doing and plan for the future. Directors discussed CDSA operations, budgeting, strategy, events, crisis preparation, and all things membership. Board and staff alike left the meeting excited and ready to continue the next steps in a strategic planning process. Keep an eye out for updates – we look forward to sharing what’s in the works.
The next CDSA Board Meeting will be Tuesday, June 21 from 2:00 – 3:30 pm.
California Disability Services Institute logo
INSTITUTE BOARD: The Institute Board will meet on September 12 from 11:00 am - 12:00 noon.
Keep in Touch
Did your organization just celebrate a big victory or milestone? Have you heard from a grateful client or family member recently? Stories about your work support our advocacy. We would love to tell a legislator about your service to the community, highlight your success on our social media, or share your open position with our membership. Contribute by email to Lauren Bettendorf Dow.
To contact CDSA staff, Board members, or Committee and Caucus chairs, check out our CDSA Leadership Directory.
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