John Podesta, can you please help us get this to Senator Harkin

podesta-emails 3,558 words email

D6 P17 V16 V11 P19

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____________________________________ From: [email protected] To: [email protected], [email protected] Sent: 4/22/2013 1:57:18 P.M. Pacific Daylight Time Subj: Re: Saving Independent Living As We Know It from the DOL Rules Dear Bruce, can you please advise me on how to disabuse Senator Harkin's office that this is in any way the position of Consumer Directed IHSS Consumers in California. As you know so well, we had our own advocates meeting with Donna Aguilar of the Office of Management budget to let her know about how destructive the negative unintended consequences of the DOL rules deal well rules would be here in California and the widespread misery that would be created on the day it would be enacted. I will attach -mails during below of our communications to Donna Aguilar of OMB beneath your e-mail, so that Andrew Imperato might convey our true sentiments to the Senator. Nancy Becker Kennedy Join the IHSS Consumers Union on Facebook at (http://www.facebook.com/groups/IHSS.ConsumersUnion/265103970234336/) http://www.facebook.com/groups/IHSS.ConsumersUnion/ "Nothing About Us Without Us!" (Latin: "Nihil de nobis, sine nobis") is a slogan used to communicate the idea that no policy should be decided by any representative without the full and direct participation of members the group(s) affected by that policy. This involves national, ethnic, disability based or other groups that are often thought to be marginalized from political, social, and economic opportunities. In a message dated 4/20/2013 5:04:29 A.M. Pacific Daylight Time, [email protected] writes: Nancy, Harkin's office facilitated a meeting with ADAPT, SEIU and AFSCME yesterday. SEIU spoke at length how "their California members in consumer direction" WANTED this change to the companionship exemption! We pushed back, but CA folks may want to correct that impression. Bruce Thank you Ms. Echols. Would you be so kind as to forward the background materials, Emails strings on content , OpEd and panel information I sent you to Ms. Aguilar. Thank you. -- Nancy Becker Kennedy In a message dated 4/5/2013 7:17:22 A.M. Pacific Daylight Time, [email protected] writes: Good Morning Nancy, The person who chaired your call is Brenda Aguilar. From: [email protected] [mailto:[email protected]] Sent: Thursday, April 04, 2013 9:36 PM To: Echols, Mabel E. Subject: May I know the name of the woman we met with today, thursday thank you.-- nancy In a message dated 4/4/2013 2:51:11 P.M. Pacific Daylight Time, [email protected]_ (mailto:[email protected]) writes: Deborah Miles, IHSS Consumer, Board Member of the Personal Assistance Services Council Of Los Angeles County, Member of the PASC Managed-Care Committee, IHSS Consumer Union/CD-R Californians for Disability Rights 661 - 264 9228 Nancy Becker Kennedy, IHSS Consumer, Member of the Personal Assistance Services Council of Los Angeles County, Chair of the PASC Managed-Care Committee, IHSS Consumers Union/CD-R, ADAPT, 323 221 2757 Arnold Arbizzo, IHSS Consumer, Member of the IHSS Consumers Union/CD-R 562 929 6923 Bonnie Hagy, IHSS Consumer, Vice President of the Polio Survivors Association 626-359-8628 Ellyn Kearney, IHSS Consumer, Pastoral Counselor, IHSS Consumer Union/CD-R 626-399-8775, 626 793 - 8775 home Tony Anderson Executive Director The Arc California and Director of the Collaboration for The Arc UCP in California, [email protected]_ (mailto:[email protected]) Donna Calame Executive Director of the San Francisco Public Authority (cannot attend, out of country -- will make her comments in writing when she returns.) From: [email protected]_ (mailto:[email protected]) To: [email protected]_ (mailto:[email protected]) Sent: 3/31/2013 12:14:19 P.M. Pacific Daylight Time Subj: Revised Oped Unintended Consequences: Collateral Damage of the Homecare Rules Dear Editor; In your editorial, "Homecare Rules in the Homestretch," you fail to understand the reality of living on government funded Medicaid and the Russian Roulette pistol aimed at the heads of the Seniors, People with Disabilities and our Home Care Workers who depend on it, every year when budgets are cut. Although overtime pay would be great for IHSS providers, in publicly funded Medicaid programs, states that are cutting IHSS (In Home Supportive Services) are not likely to provide overtime pay and will instead most likely cut hours worked above 160 hours a month for any one provider. There is a big move to push through these Department of Labor rules as written right now with no consideration of how they'll really play out in the homes of Seniors and People with Disabilities and their Caregivers in New York and California where people have over 159 hours of IHSS a month. I know of a proud union member, a mother over 60, who has multiple disabilities of her own and takes care of her adult son with athetoid cerebral palsy who will see her household income of about $2520 a month in California drop to $1431, as her hours are cut from 280 hours a month to 160 hours. She doesn't have the stamina to supplement her income with more jobs and she has trouble finding other caregivers because her son cannot be understood very well by others. The union has taken over $40 a month from her for check each month to lobby for what will cut her income by a pretty big fraction. 70% of the caregivers in California are family members whose households stay intact with IHSS. A cut in hours can threaten their ability to stay in their homes. Seniors and People with Disabilities with Live in Caregivers will be uprooted as well. Jerry Brown just got done settling a lawsuit trying to cut the IHSS program in California by 20% and settled for cutting it by about 8 percent. Do you really think he's going to take time and a half for over 50,000 providers? His representative on an Olmsted conference said they wouldn't. When I was in the Young Socialist Alliance in college, before I had my accident, I believed in theories in a vacuum. Then I became disabled and saw how these things work out on a real-life level. In California, we have the most highly advanced In-Home Supportive Services program, and the reason it was so good is that the disabled person received money to find somebody and all of that money went directly to the caregiver. The attendant got all the bang for the buck. And while ADAPT American Disabled for Attendant Programs Today was fighting to get In Home Care, this wonderful program to all the states, they came up with things like "Money Follows the Person" and "Community First Choice Option" where that money continued to go to the disabled person to pay directly to their caregiver with no middleman. But suddenly all kinds of profiteering is going on as big bad corporations and yes even sometimes big bad unions behaviors are immerging as monied interests smell a beautiful dollar to be made in the graying of the baby boomers. On a good day the union is our greatest blessing on a bad day they are our greatest curse. The only way to come up with a reasonable solution that takes everyone's welfare into account is to sit down and work it out. I think what's been most frightening to me in all of this is the ease with which able-bodied regard People with Disabilities as invisible. The SEIU would not even sit down at the table with People with Disabilities to work out a compromise. Would this happen to a person of color? Are we the last population to be seen as a fraction of a person -- or a person who is really there at all? People have been making industries of people with disabilities for decades, in the nursing home industry, the charity industry, and now the medical industrial complex and the unions too on a bad day. People from ADAPT clawed our ways out of nursing homes that were profiteering off of us and now we have to fight against the nursing agency industry, managed care corporations, and even at times a union that is so out of touch with its rank and file providers needs that it would create three crappy jobs from one not so good one in order to collect two or three union dues on a one house. It is the people disabilities and rank-and-file providers, who are in a symbiotic relationship, huddled together to keep industries and unions from objectifying us and moving us around like "furniture" in their business plans. You can choose to be naïve and come up with lovely little fairy lands in your own mind, but make no mistake, your naïveté will be paid for by the rank-and-file workers whose pay will be cut badly and people with disabilities who will go back to nursing homes. The ADAPT-NCIL compromise would simply eliminate the exemption for third party employers, treating Medicaid consumers in consumer directed programs (including public authorities, fiscal intermediaries and agencies with choice) the same as private employers so they can still use the existing exemption. According to the DOL analysis, this change - alone - would eliminate the companionship exemption for 70% of home care workers. It covers all of the "bad players" and concerns raised in the DOL analysis that exist in traditional home care while minimizing the negative impact on people with disabilities and preventing the unexpected consequences such changes would have on real live people in Medicaid funded programs. Where were our points of view in this newspaper? In the DOL discussions? Why include us? It’s only our bodies, our civil rights, our freedom from living lives akin to political prisoners in iinstitutions! If anyone had any respect for people with disabilities we would have included us in the discussion. Nancy Becker Kennedy Appointed Member Since Its Inception Los Angeles County Public Authority Board PASC that oversees the In Home Care of over 200,000 Seniors and People with Disabilities Join the IHSS Consumers Union on Facebook at (https://console.mxlogic.com/redir/?2-CqenD4mjhOrhpuK_ssUr01eXrO5qBunMz6HqRc3gKc372lokrl-d0D2looCU-ztAQs zHFIIcIKorLOoVcsCej79zztPsdxoIgawHqDYKr7fTjvdEIKccECzAQsLFCTPhOr5P22hEw3FkQx 8-kONEwnlrxapoQgmH2TNxgQglc_4QgbHr2lok9Omd44mP_ErDUvf0srhdK6Qn1NEVppuKrtJEc) _http://www.facebook.com/groups/IHSS.ConsumersUnion/_ (https://console.mxlogic.com/redir/?LFCzBVN5AQsCQmnHLT7e6M0jKSYxmFnBY8NGSJj0Qbz0NMBm56Rvzg9MBm66XY Cej79zANOoUTsT3omb42EaSF_bCNPZQTPqbbz3a9EVd7bWpJYQsCNsMwAq80Wld8ifBcIq85RmUi Cmd45GMJYokd45jfNd42WSMBm52sBzh15I_W6V-7PM76QPrxJ5MsqemmnHCZta8RDdzOSkj) "Nothing About Us Without Us!" (Latin: "Nihil de nobis, sine nobis") is a slogan used to communicate the idea that no policy should be decided by any representative without the full and direct participation of members the group(s) affected by that policy. This involves national, ethnic, disability based or other groups that are often thought to be marginalized from political, social, and economic opportunities. From: "Donna Calame" <[email protected]_ (mailto:[email protected]) > Date: March 3, 2013, 10:33:48 AM PST To: <[email protected]_ (mailto:[email protected]) > Subject: Home Care Rules in the Home Stretch What this NY Times editorial fails to acknowledge is that California has had the most generous home care program for poor people in the United States for several decades - In-Home Supportive Services. Today, IHSS pays about 380,000 home care workers - 72 percent of whom are family members - to serve about 440,000 people. Throughout that time, the workers have been paid minimum wage. The issue in California is how the OVERTIME regs will affect both IHSS consumers and workers. Neither your analysis nor that of the DOL has considered that as drafted these regs will significantly damage this consumer-directed program. Yes. The state of California AND many IHSS consumers and workers oppose these regs on monetary grounds. Because they point toward both service reductions and less income for households where family workers provide the assistance. We are not part of the home care AGENCY industry world. But none of you have truly understood the uniqueness of IHSS and the unnecessary damage these regs will perpetrate. Donna Calame Executive Director San Francisco IHSS Public Authority 832 Folsom St., 9th floor San Francisco, CA 94107 Direct line: 415.593.8111 _www.sfihsspa.org_ (http://www.sfihsspa.org/) The call-in number is: 202-395-6392; code 3862485. Dear Ms. Echols, please forgive me for the informality of sending you this e-mail string, but I think it will give you some background on some of the concerns those of us who are and advocate for Seniors and Persons with Disabilities in California: The IHSS Consumers Union, The San Francisco Public Authority, Members of the Managed-Care Committee of the Los Angeles County Public Authority and the Arc of California, the largest membership association for all people with intellectual and developmental disabilities and their families would very much like to speak with you. We have serious concerns regarding the unintended negative consequences that could occur for Seniors and Persons with Disabilities in the state of California if the Department of Labor rules regarding the Companionship Exemption are applied to publicly funded Medicaid programs. Thank you for your dedication in serving our country. Sincerely Nancy Becker Kennedy Join the IHSS Consumers Union on Facebook at (http://www.facebook.com/groups/IHSS.ConsumersUnion/265103970234336/) http://www.facebook.com/groups/IHSS.ConsumersUnion/ "Nothing About Us Without Us!" (Latin: "Nihil de nobis, sine nobis") is a slogan used to communicate the idea that no policy should be decided by any representative without the full and direct participation of members the group(s) affected by that policy. This involves national, ethnic, disability based or other groups that are often thought to be marginalized from political, social, and economic opportunities. ____________________________________ In a message dated 3/25/2013 2:20:20 P.M. Pacific Daylight Time, [email protected]_ (mailto:[email protected]) writes: Thanks we agree. I'll incorporate into our notices. Tony Sent from my iPhone On Mar 25, 2013, at 2:16 PM, "[email protected]_ (mailto:[email protected]) " <[email protected]_ (mailto:[email protected]) > wrote: _Click here: The Center for Disability Rights - Free Our People_ (http://capwiz.com/rochestercdr/issues/alert/?alertid=62529031) From: [email protected]_ (mailto:[email protected]) To: [email protected]_ (mailto:[email protected]) Sent: 3/23/2013 5:58:27 A.M. Pacific Daylight Time Subj: Disability Community vs DOL From California: Although overtime pay would be great for IHSS providers, in publicly funded Medicaid programs, states that are cutting IHSS are not likely to provide overtime pay and will instead most likely cut hours worked above 159 hours a month for any one provider. There is a big move to push through these Department of Labor rules as written right now with no consideration of how they'll really play out in the homes of Seniors and People with Disabilities and their Caregivers in New York and California where people have over 160 hours of IHSS a month. In California where 70% of caregivers are family providers, IHSS makes it possible for families to stay intact when they have a senior family member or a family members with a disability, who needs in-home care. These families could see their household income drop dramatically. Significantly disabled people with over 160 hours could lose loyal live-in and live out caregivers they've had for decades, because their work hours will be cut below the money they need to live. Or people with severe disabilities may not be able to get providers to help them when one of the providers needs to leave, because the remaining providers will be in danger working overtime. The unintended consequences of this unbalanced approach to the way private and public in-home supportive services are paid could lead to widespread misery in publicly funded In-Home Supportive Services. Senior and Disability Rights Advocates were not included in discussions where these Department of Labor rules were developed. Now, the National Council on Disability is trying to explain this to those who can make a difference. Their letter is printed below. The NCIL/ADAPT compromise could be a win-win solution for everyone, where privately funded agencies would have different rules than in publicly funded Medicaid In-Home Supportive Services in states where finite revenues determine what can be paid. "Our compromise creates a win-win solution, covers 70% of attendants and allows us all to be at the table for further discussion," says Bruce Darling of CDR ADAPT. Below see the Letter from the National Council on Disability about these possible negative unintended consequences. http://www.ncd.gov/publications/2013/03192013/ The Disability and Senior communities and the rank-and-file IHSS providers in New York and California do not seem to of been fully informed or permitted to give input about the impact of this law as written. If after reading this letter, you feel the Office of Management and Budget should delay changing these rules until they consult with Disability And Senior Communities and make sure it won't cut the number of hours providers are permitted to work in publicly funded programs, then sign the petition at the link above or make your comments here at Capitol Hill's Congress blog http://thehill.com/blogs/congress-blog/economy-a-budget/286539-act-now-on-fa ir-wages-for-home-care-aides and DIRECT letters to [email protected]_ (mailto:[email protected]) As more sign-on letters are developed for the Office of Management and Budget OMB, we will give you other opportunities to voice your opinions, but time is running short before these proposed laws will become what we try to live with. United in win-win solutions for Home Care Workers and Seniors and Persons with Disabilities! http://www.ncd.gov/publications/2013/03192013/ Sent via BlackBerry by AT&T "The disability community is deeply concerned that the proposed changes will have a negative impact on people with disabilities, consumer direction and our attendants. Medicaid rates are not going to increase so attendant hours will be capped. DOL - in its own analysis - identified that instutionalization was an outcome of these rules. Are you aware of our concerns? Do you really think Medicaid rates are going to increase to coveer the cost of time-and-a-half? Appreciate your insights as to how this would - practically - move forward. -- Bruce Darling ADAPT" Check _outwww.DOLoffMYbody.org_ (http://outwww.doloffmybody.org/) to get a feel for how these proposed rules impact people with disabilities. Join the IHSS Consumers Union on Facebook at (http://www.facebook.com/groups/IHSS.ConsumersUnion/265103970234336/) http://www.facebook.com/groups/IHSS.ConsumersUnion/ "Nothing About Us Without Us!" (Latin: "Nihil de nobis, sine nobis") is a slogan used to communicate the idea that no policy should be decided by any representative without the full and direct participation of members the group(s) affected by that policy. This involves national, ethnic, disability based or other groups that are often thought to be marginalized from political, social, and economic opportunities. From Michael Condon -- STOP THE UNINTENDED CONSEQUENCES My name is Michael Condon I'm a disabled Veteran, paralyzed from the neck down for the last 40 years. I live in San Diego, CA, in a home I rent,and I am assisted by a caregiver paid for by In-Home Supported Services (IHSS). IHSS employs nearly 400,000 caregivers across the State. Almost 50% of these caregivers currently work more than 40 hrs/week. In addition, 70% of the IHSS caregivers in this program care for family members, many of whom require protective supervision (24 /7 care). The State has neither the funds nor the inclination to pay overtime. This will put me, and hundreds of thousands like me, at risk of institutionalization. Because our caregivers will be limited to a 40 work week, I will be forced to have multiple caregivers while there are already not enough to meet the current need. Please do not institute the DOL regs. requiring overtime. The disabled, elderly and blind on ...this program would love to have their caregivers receive time and a half, but that will not happen. What will happen (unintended consequences) instead, the caregivers hours will be cut driving many deeper into poverty. The caregiver loses, the senior/disabled loses and the Unions almost double their membership dues. Sincerely. Michael Condon This is why a 40 hour work week mandate is bad. It will be financially devastating to 46% of IHSS IP's (190,000 workers)in CA alone. IF YOU CARE ABOUT OUR ABILITY TO LIVE IN THE COMMUNITY AND OUR CAREGIVERS NOT TO GET THEIR HOURS CUT IN HALF, SHOW US THE MONEY! _Click here: Petition | United States Department of Labor: Don't remove the "companion exemption" to the FLSA until money is th_ (http://www.change.org/petitions/united-states-department-of-labor-don-t-remove-the-companion-exe mption-to-the-flsa-until-money-is-there#share) _ Petitioning Secretary of Labor Hilda L. Solis _ () This petition will be delivered to: United States Department of Labor Secretary of Labor Hilda L. Solis Senior Policy Advisor, White House Domestic Policy Council Portia Wu Acting Director, Office of Management & Budget Jeffrey Zients Deputy Chief of Staff for Policy, White House Nancy-Ann DeParle US Department of Labor Laura McClintock United States Department of Labor: Don't remove the "companion exemption" to the FLSA until money is there. 1. 1. (http://www.change.org/users/8828996) 2. Petition by _Philip Bennett_ (http://www.change.org/users/8828996) Bklyn., NY 2. ____________________________________ News 1. Home care workers and people we assist may be saved! (http://www.change.org/users/8828996) by _Philip Bennett_ (http://www.change.org/users/8828996) Petition Organizer I ask all who signed my petition to please call the White House (202-456-1414) & ask for the Office of Information & Regulatory Affairs (OIRA) at the Office of Management and Budget (OMB). OMB is currently reviewing the FLSA change & is set to release it April 1st. We need to tell OMB to reject it & thereby save home care workers & the people we assist. Comments can be made to OMB through OIRA. The name of the regulation is FLSA Domestic Service Regs (29CFR 552 and the ID at OMB is RIN# 1235-AA05 Unfortunately that phone number is not released to the public so we must call the White House switch board. For more information call me, Philip Bennett: 718-339-0404 And please share my petition with as many people as possible. I love my job & I want to afford to keep doing it & I don't want to see more people forced into nursing homes. Thank you! Please forward to Brenda Aguilar. Thank you.