Ruling could stop cuts in elderly, disabled care [View all]
Bob Egelko, SF Chron
States can't cut in-home care for elderly and disabled people if there's a serious risk they'll be forced into nursing homes, a federal appeals court has ruled in a decision that could forestall a 20 percent reduction in services to 372,000 Californians.
Friday's ruling by the Ninth U.S. Circuit Court of Appeals in San Francisco did not directly involve California and came instead from Washington state, where officials reduced home-care hours for 45,000 residents by 10 percent in February.
But the issues are similar to those now before a federal judge in Oakland, who has scheduled a Jan. 19 hearing on whether to let California eliminate one-fifth of the care it provides in the in-home supportive services program.
The program serves low-income residents who need help with daily tasks, like dressing, bathing and preparing meals. U.S. District Judge Claudia Wilken issued a restraining order Dec. 1 that blocked the scheduled Jan. 1 implementation date, and said there are "serious questions" about whether the cutback would violate federal disability law.
Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/12/19/BA181MEHEG.DTL
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