Unionized homecare providers in Washington

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I thought I would post this from another list-serve I am on to get an idea of

some issues in other states around the Medicaid waiver....just in case these

ideas surface in Illinois

Tortorelli

Join the Union - or else

Jun 30 2009, 10:22 AM * UPDATED

by Don C. Brunell

President, Association of

Washington Business

Who would have thought that parents would have to join a union in order

to take care of their disabled children? But that's the case in

Washington.

Stay with me here, this is a little complicated but it's important

because what is happening in our state is just plain wrong.

In 2001, Washington voters approved a union-backed initiative that

created a state home healthcare authority and gave home healthcare

workers the right to bargain collectively. In 2003, the state contracted

with the Service Employees International Union to provide homecare

services to clients in the Medicaid system. Because the governor is

considered the " employer, " all of these union workers are considered

state employees.

Until recently, relatives who took care of their disabled family members

through private homecare companies were exempt from this arrangement.

Not anymore.

Across the state, thousands of parents and other relatives caring for a

family member are actually employed by private homecare agencies. The

arrangement benefits both the caregivers and the agencies. The agencies,

through their contracts with the state Department of Social and Health

Services, get reimbursed for the care provided to clients. That same

contract requires the agencies to provide their employees with health

insurance, sick leave and vacation benefits. In addition, relatives who

work for private agencies are assured that one of their colleagues will

be available to take over for them if they get sick or take time off.

But now, all that has changed.

In the 2009-11 budget, the Legislature decided that private homecare

agencies will no longer be reimbursed by Medicaid for services provided

by employees caring for their own relatives.

This gives those relatives only one choice: stay with the agency and

turn the care of their loved ones over to someone else or leave and

become an " independent provider. " And in Washington, all independent

homecare providers who work with Medicaid clients are required to join

the union.

The state claims the move will save taxpayers millions of dollars

because the hourly reimbursement rate for independent providers is less

than that of homecare agency employees. That's not the case. Because the

SEIU caregivers are considered state employees, the taxpayers will pick

up the tab for their health insurance premiums, more than offsetting any

cost savings.

In addition, as independent providers, those relatives will take a pay

cut, lose their sick leave, vacation and unemployment insurance benefits

- and they'll have to pay union dues to SEIU.

The only winner here is the union, which stands to gain thousands of new

members, with the resulting increase in income and political clout. In

effect, the Legislature is forcing home healthcare workers to stop

caring for their loved ones in the Medicaid program unless they join the

union. (The union scored another big victory recently when voters

approved a taxpayer-funded training requirement for all homecare

workers. The state awarded the exclusive rights to that program to

SEIU.)

In the last legislative session, state lawmakers tried to craft an

exemption for parental caregivers, but DSHS says it was written in a way

that runs afoul of federal age discrimination laws. On June 3, DSHS

announced it would not allow the exemption and relatives have until July

1 to make up their minds - stop caring for your disabled family members

or join the union.

State lawmakers have expressed a willingness to rewrite the exemption in

a way that will pass muster with federal law, but that can't happen

until the Legislature reconvenes in January.

In the wake of complaints to federal authorities by disabled clients and

their relatives, state administrators have reportedly offered to

" sweeten the pot " for caregivers who leave private agencies and join the

union. One proposal would forego the pay cut for those people, but that

would be unfair to current union members who would be making a lower

wage than the incoming members.

In an effort to suspend this process until state legislators can act,

lawyers reportedly say they will petition federal authorities for a

temporary restraining order or commence with a lawsuit.

While no one knows the outcome of those efforts, one thing is clear:

Forcing relatives to give up caring for their loved ones unless they

join a union is just plain wrong.