Thanksgiving Holiday

We at The Arc of North Carolina Policy Blog wish you all a very happy Thanksgiving holiday! We will not be updating this blog again until after the holiday. 

Hill Report: Senate Introduces Bill on Intellectual Disability Terminology

Intellectual Disability Terminology

 

On Tuesday, Senators Barbara Mikulski (D-MD) and Michael Enzi (R-WY) introduced "Rosa's Law"(S. 2781) a bipartisan bill to substitute outdated, stigmatizing terms in federal health, education and labor laws.  The terms "mental retardation" and "mentally retarded" would be substituted with the terms "intellectual disability" and "individual with an intellectual disability."  The change in terminology would in no way alter the eligibility requirements for services and supports.  Click here to read Senator Mikulski's statement to the U.S. Senate upon introduction of the bill.

Thanks to DPC for this update.

 

Hill Report: Senate Begins Debate on Health Reform Bill

On Saturday the US Senate managed to get the needed 60 votes to begin the debate on their Health Care Reform bill.

No one is expecting a final vote on the bill before the Thanksgiving holiday.  The CLASS Act did make it to the final product in both the Senate and the House bills.

Here is the comparison of the two bills.

Monday Quick Hits: Hot Policy Topics for This Week

This week there are no meetings scheduled at the General Assembly. The General Assembly will get back to its busy interim schedule right after the Thanksgiving Break.

National Reports: First Study on Crime Against People with Disabilities

The U.S. Department of Justice Bureau of Justice Statistics has released the first special report looking at the prevalence of violent crime against people with disabilities.  

Here are some of the findings from the report:

Persons age 12 or older with disabilities experienced 

approximately 716,000 nonfatal violent crimes and 2.3 mil- 

lion property crimes in 2007 as measured by the National 

Crime Victimization Survey (NCVS). Nonfatal violent 

crimes include rape, sexual assault, robbery, aggravated 

assault, and simple assault. Property crimes include 

household burglary, motor vehicle theft, and property theft.* 

About one third (34%) of the crimes against persons with or 

without a disability in 2007 were serious violent crimes 

(rape/sexual assault, robbery, or aggravated assault). Per- 

sons with disabilities were victims of about 47,000 rapes, 

79,000 robberies, 114,000 aggravated assaults, and 

476,000 simple assaults. 

• Age-adjusted rate of nonfatal violent crime against 

persons with disabilities was 1.5 times higher than the 

rate for persons without disabilities. 

• Persons with a disability had an age-adjusted rate of 

rape or sexual assault that was more than twice the rate 

for persons without a disability. 

• Females with a disability had a higher victimization rate 

than males with a disability; males had a higher rate 

than females among those without a disability. 

• Persons with a cognitive functioning disability had a 

higher risk of violent victimization than persons with any 

other type of disability. 

• Persons with more than one type of disability accounted 

for about 56% of all violent crime victimizations against 

those with any disability.

Read the report here: Bureau of Statistics.

NCGA: Legislative News-Senator Nesbitt New Majority Leader

Today the Senate Democratic Caucus unanimously elected Senator Martin Nesbitt as their new Majority Leader. Senator Nesbitt will fill the position most recently held by Senator Tony Rand. Senator Rand announced recently that he would be accepting the position of chairman of the state Post-release Supervision and Parole Commission.

Senator Nesbitt is the chairman of the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities and Substance Abuse Services.

Read more about the vote today on WRAL.

NC News: Recent News On the Cuts to Medicaid/and MH DD SAS

We are now three months into the new state budget and the severity of the cuts for people with mental illness, developmental disabilities, and addictive disorders is being felt in every corner of the state. The reality is that the cuts to state funded services compounded with the cuts to Medicaid reimbursement rates has created the perfect storm of lost services and lost jobs.

Here is a sample of some of those articles:

Asheville Citizen Times: Mental-health provider Alpha Omega exits Madison, Mitchell and Yancey counties

Winston Salem Journal: Many Fear Health Cuts

Monday Quick Hits: Hot Policy Topics for This Week

This week we are looking at a very busy schedule for the General Assembly.  There is a full schedule of committee and commission meetings and on Tuesday the Senate Democratic Caucus will elect its new Majority Leader.  Last week Senate Pro Tempore Marc Basnight sent out a letter to caucus members asking for their support of Senator Martin Nesbitt.  We will let you know if the caucus follows that request.

Until then here is the upcoming schedule:

Mon, November 16, 2009
3:00 PM Domestic Violence, Joint Legislative Committee 544 LOB

Tue, November 17, 2009
9:30 AM Joint Interim House and Senate Finance Committees on Tax Reform 643 LOB

10:00 AM Transportation Oversight Committee, Joint Legislative  1228/1327 LB

1:00 PM Gov Ops Subcommittee-Education/Health and Human Services 421 LOB


Wed, November 18, 2009
9:00 AM  State Health Plan Blue Ribbon Task Force  1228/1327 LB

9:00 AM Joint Legislative Study Committee on State Funded Student Financial Aid  421 LOB

11:00 AM Governmental Operations, Joint Legislative Commission on  643 LOB

1:00 PM Joint Legislative Joining Our Businesses and Schools (JOBS) Study Commission - Williamston, NC


Thu, November 19, 2009
10:00 AM  Children and Youth, Legislative Study Commission on  415 LOB

NCGA: Update Joint Legislative Oversight Committee MH/DD/SAS

The Joint Legislative Oversight Committee for Mental Health, Developmental Disabilities and Substance Abuse services met this week.

It is becoming more clear to the committee members that the cuts to this budget are extremely significant and that community based services are struggling to continue to serve the most needy in our state.

In response to the 40 million dollar cut to state funded services that the LMEs are trying to manage Senate Martin Nesbitt stated that "we can not sugar coat what is happening out there. We did a bad deed and we cut them (LMEs) too much." "After all the meetings they had they still can't serve folks. Our first order of business is to tell our fellow members that we need to fix this. When you make a mistake and we made a mistake we need to fix it."

This 40 million dollar cut is in addition to a 16 million dollar cut to state funded services directed toward people who are also receiving CAP/MR-DD waiver services.

The committee members listened to numerous reports on how the LMEs are managing their budget reductions, how the budget reduction is affecting people with CAP/MR-DD waiver services that were also receiving state funded dollars for ADVP or support services, and finally they heard about the changes to case management.

It is clear to the members that the cuts in the current budget are quickly dismantling the community based delivery system for people with mental illness, developmental disabilities and addictive disorders.

It was also alluded to during this meeting that next years overall general fund will face a growing deficit. It is therefore the goal and the responsibility of the committee members to ensure that MH/DD/SAS receive very few additional cuts.  The top priority for this committee is to educate their peers on the importance of restoring as much funding to these services as possible or face a collapse in the system.

NCGA: Joint Legislative Oversight Committee Meeting MH/DD/SAS Agenda

The Joint Legislative Oversight Committee will be meeting tomorrow at 10AM. Here is the agenda:

Joint Legislative Oversight Committee on

Mental Health, Developmental Disabilities, & Substance Abuse Services

AGENDA

November 10, 2009; 10:00 A.M.; Room 643, Legislative Office Building

Representative Verla Insko, Co-Chair Presiding

I. Welcome and Chair's Opening Comments
• Representative Verla Insko, Co-Chair
• Senator Martin Nesbitt, Co-Chair 10:00

II. Secretary's Remarks
• Lanier Cansler, Secretary, Department of Health and Human Services 10:00-10:30

III. Local Management Entities: Update on Service Funds Reductions
• DHHS Perspective: Michael Watson, Assistant Secretary for MH/DD/SAS Development
• LME Perspective: W. Rhett Melton, Director of Pathways LME (serving Gaston, Cleveland, and Lincoln) 10:30-11:00

IV. Funding for Former Thomas S. Class Members
• Leza Wainwright, Director, Division of MH/DD/SAS 11:00-11:30

V. Changes in Funding for CAP-MR/DD Recipients
• Leza Wainwright, Director, Division of MH/DD/SAS 11:30-12:00
LUNCH 12:00-1:00

VI. Community Support Services
• Curtis Venable, Pisgah Legal Services 1:00-1:15

VII. Report on Consumer and Family Advisory Committees
• Kathy Crocker, State Consumer and Family Advisory Committee 1:15-1:45

VIII. Update on State Psychiatric Hospitals
• Luckey Welsh, Director, Division of State Operated Healthcare Facilities 1:45-2:15

IX. Report on Local Inpatient Psychiatric Community Hospital Contracts
• Michael Watson, Assistant Secretary for MH/DD/SAS Development 2:15-2:45

X. Case Management Follow-up
• Tara Larson, Chief Clinical Operating Officer, DMA 2:45-3:30

XI. Final Remarks & Adjournment 3:30-3:45

Monday Quick Hits: Hot Policy Topics for This Week

North Carolina:

The following meetings will take place this week at the General Assembly. If you are interested in attending the "big ticket" event this week, then head over to the Joint House and Senate Finance Committee meeting on modernizing the state tax code.

Taxes and revenue adjustment were the buzz words throughout the last session. The House and Senate each introduced their tax package. Most of the time they were worlds apart. The calling of the Joint House and Senate Finance committee during the interim is to work out the differences so that there is one bill going into the short session.

We will be monitoring this committee's work.

Schedule for the week:

Mon, November 2, 2009
1:00 PM	Perinatal Committee of the Child Fatality Task Force	1027/1128 LB
Tue, November 3, 2009
10:00 AM	House and Senate Finance Committees on Tax Reform	643 LOB
Wed, November 4, 2009
10:00 AM	Justus-Warren - Legislation and Resource Development	1027/1128 LB
10:00 AM	Justus Warren Heart Disease & Stroke Prevention - Prevention	1124/1224 LB
10:00 AM	Justus-Warren Heart Disease & Strok Prevention - Management	1228/1327 LB
10:00 AM	Justus Warren Heart Disease & Stroke Prevention - Public Awareness	1425 LB
1:00 PM	Justus-Warren Heart Disease and Stroke Prevention Task Force	1027/1128 LB
Thu, November 5, 2009
9:00 AM	Urban Growth and Infrastructure Issues	544 LOB
1:00 PM	Public Health Study Commission	643 LOB

Monday Quick Hits: Hot Policy Topics for This Week

North Carolina:

The interim continues at the General Assembly but as you will see in the next few weeks there are many committee meetings that will be happening.

Quick reminder, these committees do produce policy that we will see during the short session.

So this week we have the following on the calendar:

Monday, October 26, 2009
10:00 AM Child Fatality Taskforce - Unintentional Death Committee 1027/1128 LB

Tuesday, October 27, 2009
10:00 AM Poverty Reduction and Economic Recovery Study Commission 643 LOB

Wednesday, October 28, 2009
10:00 AM House Select Committee on High Speed Internet in Rural Areas 605 LOB

A bit of extra information on the Poverty Reduction and Economic Recovery Study Commission. Currently our state is witnessing major job losses in the area of health services. Many of these job losses are directly tied to the current state budget cuts. The members of this commission need to look at not only national data but at the realty of our state's budget cuts on creating a slower economic recovery in our state.

Hill Report: Senate Passes Hate Crimes Bill That Provides for Disability-Awaiting Obama's Signature

Yesterday the U.S. Senate by a vote of 68-29 passed the Defense Authorization bill.  Included in the defense authorization bill was the Matthew Shepard Hate Crimes bill.  This bill expanded the categories protected by federal hate crimes legislation to include people with disabilities. In addition language in the bill also extends protections to crimes that are motivated by a persons gender, sexual orientation, or gender identity.

Read more at Disability Scoop.

NCGA: Joint Legislative Oversight Committee Meeting MH/DD/SAS

Tomorrow legislative members of the Joint Legislative Oversight Committee for Mental Health, Developmental Disabilities, and Substance Abuse Services will return to Raleigh for their second meeting of the interim.

The severity of the budget cuts is being felt in every corner of our state. This is a crisis of historical proportions. Families are receiving the word that their children's support services will be cut drastically or eliminated completely. Providers across the state are facing massive lay offs of employees and in some cases they are closing their doors completely. Families already struggling during this tough economic downturn are being plunged into emotional and further economic distress. 

We are calling on our leadership to act as if this is a natural disaster. We are calling on our leaders to take action now and not wait for the start of short session.

We need you to join this effort! If you are in Raleigh tomorrow or if you can plan to be in Raleigh tomorrow, we need you to attend the Legislative Oversight Committee meeting.

Here are the details:

Joint Legislative Oversight Committee Meeting MH/DD/SAS

10:00 AM    Legislative Office Building Room 643.

Here is the agenda:

Joint Legislative Oversight Committee on

Mental Health, Developmental Disabilities, & Substance Abuse Services

October 14, 2009, 10:00 A.M.; Room 643, Legislative Office Building

Senator Nesbitt, Co-Chair Presiding

AGENDA

I. Introductions  10:00

II. Secretary’s Remarks

III. Reduction in Level III and IV Residential Facilities
-DHHS Presentation
-LME Perspective

IV. Status of CAP-MR/DD Supports Waiver

V. Report on Community Supports – Follow-up from September Meeting

Lunch 12:30-1:30

VI. Child Mental Health Project – Sarah Sabornie

 
VII. Funding for Former Thomas S. Class Members

VIII. Case Management For Persons with Mental Illness, Developmental Disability or Substance Abuse Disease

IX. Final Remarks and Adjournment                            3:30-4:00 

NCGA: Agenda for Legislative Oversight Committee MH/DD/SA

Joint Legislative Oversight Committee on

Mental Health, Developmental Disabilities, & Substance Abuse Services

October 14, 2009, 10:00 A.M.; Room 643, Legislative Office Building

Senator Nesbitt, Co-Chair Presiding

AGENDA

I. Introductions 10:00

II. Secretary’s Remarks

III. Reduction in Level III and IV Residential Facilities
-DHHS Presentation
-LME Perspective

IV. Status of CAP-MR/DD Supports Waiver

V. Report on Community Supports – Follow-up from September Meeting

Lunch 12:30-1:30

VI. Child Mental Health Project – Sarah Sabornie

 
VII. Funding for Former Thomas S. Class Members

VIII. Case Management For Persons with Mental Illness, Developmental Disability or Substance Abuse Disease

IX. Final Remarks and Adjournment                            3:30-4:00

Hill Report: US House Passes Hate Crimes Bill That Provides for Disability

The US House of Representatives voted yesterday to extend the protections of the four decades old hate crimes law to people with disabilities.

Reuters is reporting that the vote in the House was 249 in favor to 175 opposed. The bill will broaden the law by extending "hate crimes" to mean "those attacks based on a victim's sexual orientation, gender identity or mental or physical disability".

The legislation will now move to the Senate where it is expected to see little opposition.

This is a long time coming and it has not been easy. Previous attempts were blocked by President George W. Bush. 

Read More: Reuters , US House, and Disability Scoop.

NCGA: Agenda for Legislative Oversight Committee MH/DD/SA

Today we received the agenda for the upcoming Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services. The current service dollar cuts are destroying our community. We need you to make your presence known at this meeting. If you are in town please plan to attend and if you can drive in please do so. 

Joint Legislative Oversight Committee on

Mental Health, Developmental Disabilities, & Substance Abuse Services

 

AGENDA

 

October 14, 2009, 10:00 A.M.; Room 643, Legislative Office Building

Senator Nesbitt, Co-Chair Presiding

 

I.         Introductions	10:00
II.      Secretary’s Remarks
III. Reduction in Level III and IV Residential Facilities -DHHS Presentation -LME Perspective
IV. Status of CAP-MR/DD Supports Waiver
V.  Report on Community Supports – Follow-up from September Meeting
Lunch	12:30-1:30
VI.   Child Mental Health Project – Sarah Sabornie
VII.     Funding for Former Thomas S. Class Members
VIII.Case Management For Persons with Mental Illness, Developmental Disability or Substance Abuse Disease
IX.     Final Remarks and Adjournment	3:30-4:00

 

News: Disability History and Awareness Month

October is Disability History and Awareness Month in North Carolina and Disability Employment Month Nationally.

Today CNN ran a story on the dedication of a Helen Keller statue at the capitol building. Each state is able to have two statues at the capitol. Today Alabama will dedicate this new statue in honor of this great disability rights leader.

The article quotes Nancy Starnes, director of external affairs for the Washington-based National Organization on Disability.

"It's always good to realize how much of an impact people with disabilities have made on the history and landscape of our country. "I'm excited that they're going to be doing this. I think it's going to be a wonderful addition."

Read more at CNN.

Monday Quick Hits: Hot Policy Topics for This Week

Monday Quick Hits:

North Carolina:
Although this is a slow interim week at the General Assembly, we do want to give you a heads up on next week’s meetings.

Monday, October 12th
8:30am The JOBS Commission meets, 544 Legislative Office Building.
10:00am The Child Fatality Taskforce-Intentional Death Committee, 1027/1028 Legislative Building.

Tuesday, October 13th
8:30am The JOBS Commission meets, 544 Legislative Office Building.
1:00pm The Joint Legislative Education Oversight Committee meets, 544 Legislative Office Building.

Wednesday, October 14th
9:00am The Joint Legislative Education Oversight Committee meets, 544 Legislative Office Building.
10:00am The Joint Legislative Oversight Committee Mental Health, Developmental Disabilities, and Substance Abuse meets, 643 Legislative Office Building.

NCGA: Legislation You Can Use

This is the second in our series of "Legislation You Can Use". 

Legislation 2009- Information You Can Use

Parent Student Involvement Act
History:
On June 2, 2009 the governor signed this bill into law. This bill is meant to provide clear due process for students who are expelled or suspended or recommended for expulsion or suspension for more than 10 days.

What this law provides for students who are expelled or suspended or recommended for expulsion or suspension for more than 10 days:

This law requires local board to give written notice to the student’s parent or guardian by certified mail, telephone, telefax, e-mail, or any other method reasonably designed to achieve notice of the recommended expulsion or suspension.
This law defines “parent” as parent, guardian, caregiver, or other person legally responsible for the student.

Written notice will be provided to the student’s parent by the end of the workday during which the suspension/expulsion is recommended.

Written notice must include the following information at minimum:
(1) A description of the incident leading to the recommendation that the student be expelled or suspended for more than 10 days;
(2) The specific provisions of the student conduct policy or rule alleged to have been violated;
(3) The specific process by which the parent may request a hearing to contest the suspension for more than 10 days or expulsion, including the number of days within which the hearing must be requested;
(4) The process by which a hearing will be held, including, to the extent provided by law, the student's opportunity to examine evidence and present evidence, to confront and cross-examine witnesses supporting the charge, and to call witnesses to verify the student's version of the incident;
(5) The parent is permitted to retain an attorney to represent the student in the hearing process;
(6) The extent to which the local board policy permits the parent to have an advocate to accompany the student to assist in the presentation of his or her appeal instead of an attorney; and
(7) The parent has a right to review the student's educational records prior to the hearing.

What if my child receives specialized instruction under IDEA and is recommended for suspension/expulsion of more than ten (10) days?

When a child with a disability receives specialized instruction under IDEA and has an IEP,a suspension/expulsion of more than ten days is considered a change in placement. A student with an IEP has additional rights before the student may be suspended or expelled.
If there is a change in placement, the relevant members of the IEP team must conduct a manifestation determination review within 10 school days of the suspension. The team must decide if the behavior was caused by the student’s disability or by the school’s failure to follow the IEP. If one of these things caused the behavior, then the behavior is a manifestation of the student’s disability. If the behavior that caused the suspension/expulsion was a manifestation of the student’s disability then the suspension must end and the student must return to school. 

The IEP team must develop a Functional Behavior Assessment and Behavior Intervention Plan for the student.

If the behavior that caused the suspension/expulsion was not a manifestation of the student’s disability then the suspension/expulsion may stand. If the suspension/expulsion stands then the student must be provided FAPE during the suspension. The IEP team is not required to develop a Behavior Intervention Plan, but you can ask that one be developed anyway.

If the determination is that the student’s 10 day suspension/expulsion stands, you may still appeal the decision using the due process rules established by the Parent Student Involvement Act.  

What You Can Do To Make This Law Effective:
1. Make sure that your child’s IEP team is aware of the due process rights of your child under the IDEA and the Parent Student Involvement Act.
2. If your child has an IEP and is recommended for suspension/expulsion for more than ten days you need to know your rights. Make sure that your IEP team meets to address the recommendation for suspension/expulsion and conducts a manifestation determination review. Ask for a functional behavior assessment and behavior intervention plan.

Arc Federal Update: Hot Topics from the Hill

FY 2010 Appropriations

 

The House passed a one month Continuing Resolution (CR) to keep most federal programs operating at current FY 2009 levels through October 31.  The Senate is expected to pass an identical CR this week.  None of the twelve FY 2010 appropriations bills will be signed into law prior to the start of the fiscal year.

 

Health Care Reform

 

The Senate Finance Committee began to mark up the America's Healthy Future Act of 2009. The following provisions, which are of particular interest to persons with disabilities, were included:

• Addition of the Community First Choice Option (CFC) to the package. The CFC Option would allow states to provide individuals with disabilities who are eligible for Medicaid institutional settings with a broad array of community-based services and supports. Services under this option would include supports to assist individuals with activities of daily living (ADLs), instrumental activities of daily living (IADLs), and health-related tasks through hands-on assistance, supervision, or cueing. States choosing to use the CFC Option would enjoy a 6 percent increase in the federal Medicaid match rate. The Option would sunset after 5 years. This provision was added by Chairman Max Baucus (D-MT) as part of his modifications to the Chairman's Mark. Senator Schumer (D-NY) had submitted the provision as a proposed amendment, but did not need to offer it during the Committee mark-up since it was included in the Chairman's modified Mark. Advocates believe that the CFC Option would support the Olmstead decision and help address state waiting lists by giving people the choice to leave facilities and institutions for their own homes and communities with appropriate, cost effective services and supports.
• An elimination of Medicare Part D co-pays for dual eligibles (those who receive both Medicare and Medicaid benefits) residing in home and community based settings and covered under Sec. 1115 and 1915 waiver programs. This amendment was offered by Sens. Bill Nelson (D-FL), Jeff Bingaman (D-NM) and Jay Rockefeller (D-WV).

Medicare

 

The House of Representatives, by a vote of 408-18, approved the Medicare Premium Fairness Act, (H.R. 3631), a one year fix that will avert a premium increase for the Medicare Part B (outpatient) program. Its $.2.8 billion cost will be offset by cuts to the Medicare Improvements Program.  The Senate could act on the premium bill soon. 

 

Information contained in this update is from The Arc of the US and the Disability Policy Collaborative

DHHS Implementation Update: Division of MH/DD/SAS

In our on going effort to keep you up to date with information regarding the consolidation of case management and the budget cuts to community support we have two documents that you might want to see.

The first is the implementation update.  The second is a special communication regarding community support.

The Arc NC: Paul Marchand Is Reviewing Federal Legislative Issues

Paul Marchand is the director of the Disability Policy Collaboration (DPC). DPC is at the center of virtually all of the major policy improvements for people with disabilities in the United States.

The Arc of NC: State Conference 2009 Underway

The Arc of North Carolina is hosting its state conference this weekend in Concord, NC. There will be several dynamic speakers sharing their insight on the state of developmental disability services and policy.

This has been an extremely difficult year in our state. The budget cuts were deep and the services they affect will be changed dramatically.

We will be updating this blog with information today that will give you more insight to the state of the state.

NCGA: NC Policy Watch-Chris Fitzsimon Article on Oversight Meeting

Wanted to share with all of you this article on the Mental Health, Developmental Disabilities, Substance Abuse Service Legislative Oversight Committee. Check it out at NC Policy Watch.

NCGA: MH/DD/SAS Legislative Oversight Meeting Report

Yesterday the Mental Health, Developmental Disabilities, Substance Abuse Services Joint Legislative Oversight Committee met for their first meeting during the legislative break.
The meeting opened with a review of bills, budget cuts, and special provisions that were included in the last budget.

For the first time it was made clear to all members of the committee and to the public that the cut to state funded services for MH/DD/SAS was not $60 million. The $60 million cut was what was presented in the budget prior to Governor Perdue’s executive directive stating that an additional 5% cut needed to be made by all departments. The actual cut to state funding is $75 million dollars.

Here is the break down of this cut:

• State Funded Services $40 million for fiscal year 2009-2010 and 2010-2011. (This is the appropriation that goes to LMEs)
  
• CAP MR/DD Funds $16 million for fiscal year 2009-2010 and 2010-2011.
  
• Non-core Community Services Reduction $4 million for fiscal year 2009-2010 and 2010-2011.
  
• Governor’s Reduction of $15 million.
  
• Total Reductions: $75 million
  

It was also clear that members of the legislative oversight are just now feeling the reality of these draconian cuts.

During the introduction of Secretary Cansler, Senator Nesbitt stated that we may be hearing about more than just MH/DD/SAS in the secretary’s comments. Nesbitt stated that “we made so many changes that interact with each other and we need to hear that.”
Secretary Cansler’s comments encompassed the cuts to state funded dollars, the consolidation of case management, and community support.

These topics also received the majority of questions and concerns from members of the oversight committee. There was also a sense of what the legislators intended to do did not necessarily match up to what was happening, especially with community support.
Lets take a look at the cuts to state funds. Secretary Cansler stated that “if you look at all the cuts, the $40 million state dollar cut, and then the Medicaid cuts, the cuts to community support, case management consolidation and the provider rate cuts you are looking at a $350 to $400 million dollar impact on the system. We are challenged on how to achieve the savings without a major impact to the system.”

LME State Funded Cuts:
The main questions related to the way the cuts were distributed to LMEs. There were many questions regarding the allocation formula and the equity of that formula. Expect this to be a hot topic in all of the meeting of this committees.

In an interesting moment at the meeting, Senator Nesbitt went through the politics of this cut. He stated correctly that the $40 million cut was included in the House budget not the Senate budget and that during conferee discussions this $40 million dollar cut was restored. The final budget that was presented to the Full Appropriation Chairs from the HHS Conference Committee did not include this cut. In the last hours of budget debates the Full Appropriation Chairs reinstated the $40 million dollar cut without consultation of the HHS Conference Chairs.

Regardless of where the cut came or the politics of the final cut, this cut coupled with the additional $15 million will destroy many of the community services currently being received by people we advocate with.

Community Support:
This service has been much maligned in the press but for people receiving community support, this service has kept people out of emergency rooms and state institutions.

The budget cut to Community Support is $65 million for fiscal year 2009-2010 and $97.5 million for fiscal year 2010-2011. The understanding of members of the legislative oversight committee was that there would be appropriations remaining in the continuation budget that would be used to create an underlying service that would then emerge and replace community support.

The budget did clearly state that DHHS would submit a new service definition for the case management and peer support components of community support. In peer support it would emerge as a Medicaid billable program.

There was a lot of discussion regarding this service. Part of the discussion was that there was confusion over how this service transitions. We heard in the presentations that there is no underlying service at this time and that new enrollment was stopping. Members wanted to ensure that there would be a new service coming on line in January of 2010. There was also confusion on the remaining appropriation in the continuation budget.

Expect to see this topic come up frequently during the next few months.

Consolidated Case Management:
The budget that passed this session included at $41 million dollar cut in fiscal year 2009-2010 and a $72.9 million dollar cut in fiscal year 2010-2011 to case management. This cut represents for this fiscal year a 50% cut in funds to case management. There has been strong push back from public health departments regarding this cut. So strong that Secretary Cansler mentioned them specifically in his remarks to committee members.

During session advocates for MH/DD/SAS spoke strongly against this consolidation and stated that the cut was severe enough that it would upend the system of case management that is currently in the field.

Throughout the presentations yesterday, it was clear that there was concern on how to make this transition from members of the committee, Secretary Cansler, DMA and the Division of MH/DD/SAS.

There has been a workgroup working on a plan and they are set to release a “plan” today regarding this consolidation. We will comment more on this pending receipt of information from this workgroup later today.

This budget as it stands today will significantly impact people, families, and providers in North Carolina. There will be services lost, jobs lost, and people sent into crisis. There is no silver lining to these cuts. The idea that we will emerge into a better system has yet to be shown to advocates across this state. In the meantime, we will continue to track the cuts and report that information to the leaders in our General Assembly who made these decisions in the hope that we can work with them to ensure that funding is restored in the next budget.

National Arc Alert: Take Action Now!

Health Care Reform: Now it’s Personal

More Info:

Help Bring Desperately Needed Improvements in Health Care and Long Term Services for People with Intellectual and Developmental Disabilities

Do you know anyone who has been denied health insurance because of a pre-existing condition?

Do you know anyone who has been unable to access quality affordable health care?

Do you know anyone who has been waiting a long time for Medicaid home and community based services?

Then you need to get involved right NOW.

Why Now?

The stakes have never been higher. National health care reform is hanging in the balance.

From early August through Labor Day, Members of Congress are back in their home districts hearing from their constituents about health care reform. Many will be making their decisions on whether or not to support an overhaul of our health care system.

The chance to make meaningful improvements in health care only comes along every few decades. There are strong opponents to reform, such as the insurance industry. If we don't speak now .....

What Do People with Intellectual and Developmental Disabilities Most Need in Health Care Reform?

1) No Pre-existing Conditions Exclusions
Insurance companies will be prohibited from refusing coverage because of medical history.

2) No Annual or Lifetime Caps on Coverage
Insurance companies will be prevented from placing annual or lifetime caps on coverage.

3) Coverage for Durable Medical Equipment, Prosthetics, and Orthotics
These products will be included in any new health plans.

4) Increased Medicaid Reimbursement Rates for Primary Care Physicians
More doctors will serve Medicaid patients when their reimbursement rates are increased to match to those of Medicare.

5) Improved Home and Community Based Services
When the institutional bias is removed from Medicaid, more states will serve more people and allow them to choose where they receive long term services and supports.

6) Reduced Demand for Medicaid Long Term Services and Supports
Medicaid will be strengthened when a national voluntary long term care insurance program (from the CLASS Act) is implemented and people can receive support without having to use Medicaid.

Take Action

Many Members of Congress will spend the August recess in their home districts. Please participate in one or more of the following types of events over the recess from now through September 8:


Town Halls meeting sponsored by your Members of Congress. You may be able to find a list of town halls on your Senators' and Representatives' web sites. Locate your Senators websites by selecting your state at the top of http://www.senate.gov/ and your Representative's website by entering your zip code at the top of http://www.house.gov. If you cannot locate this information on the web sites, please call their main offices and ask to speak to the scheduler.


In-district meetings with your Members of Congress. Please contact your local Members offices NOW to schedule a meeting. Guidance on requesting in-district meetings is usually provided under a "Constituent Services" section of your Senators' and Representatives' websites. Again, you can also call their district offices and ask to speak to their schedulers.


Other Community calendar events. Most local newspapers, chambers of commerce, and other civic organizations have extensive listings of fairs, parades, concerts, and other community events in which Members of Congress may be participating. Find your local newspaper's web site by entering your zip code at: http://capwiz.com/thearc/dbq/media/


Calls to district offices and local radio programs. Phones are already ringing off the hook. Constituents are calling to voice strong opinions for and against health care reform. Only you can make sure your ideas and opinions are heard. Find the district office phone numbers at http://www.senate.gov/ and http://www.house.gov. Find your local radio stations' call in shows by entering your zip code at: http://capwiz.com/thearc/dbq/media/

Please use the following materials to guide your discussions:
Fact Sheet
Talking Points
Placards
Personal stories from your community, such as:
* being on a waiting list for home and community based services
* having to quit a job to care for a loved one at home
* having to take a second job to pay a care provider
* not being able to move to another state due to loss of Medicaid services
* having to move a loved one into an institution due to lack of home and community based services
* being unable to find appropriate medical care

Thank you in advance for your great advocacy during this historic opportunity to improve the quality and accessibility of health care and long term services.

NCGA: MH/DD/SAS Legislative Oversight Meeting Live Update

The meeting is happening now and the legislative staff is reviewing the cuts to the budget and also the bills that passed this year that affect MH/DD/SAS.

NCGA: MH/DD/SAS Legislative Oversight Meeting

Today the MH/DD/SAS Legislative Oversight Meeting is being held at 10:00am in room 643 today.

We encourage you to attend the meeting if you are in town. If not please listen in on the legislative website or follow along with us on this blog and our twitter.

Important numbers for today: The Legislature's budget cuts were $60 million dollars, the Governor cut an additional $15 million after the budget was signed by using an executive order. This is a total of $75 million in cuts to people with mental health needs, developmental disabilities, and addictive disorders. These cuts are draconian and for many in these communities these cuts will end critical services, put families into crisis, and could send people out of their communities and back into institutions. 

These cuts must be addressed by legislative leadership in an honest and open way and there needs to be real plans to restore this funding in the next budget cycle.

NCGA: First Legislative Oversight Meeting MH/DD/SAS

The first Mental Health, Developmental Disabilities and Substance Abuse Services Joint Legislative Oversight meeting will be held tomorrow, Wednesday September 23, 2009.  

This year leaders in the General Assembly passed a budget that severely cut funding for people with mental health needs, developmental disabilities and substance abuse services. These cuts are draconian in nature and they will send members of these three communities into serious crisis. We as advocates must be vigilant in telling our elected leaders that they must work to restore these cuts during the next budget cycle.

If you are in Raleigh we encourage you to come to this meeting. If you are not in Raleigh we encourage you to listen on line by visiting the NC General Assembly Legislative website.

Joint Legislative Oversight Committee on
Mental Health, Developmental Disabilities, & Substance Abuse Services
AGENDA
September 23, 2009, 10:00 A.M.; Room 643, Legislative Office Building
Representative Verla Insko, Co-Chair Presiding

I. Greetings, Opening Comments and Introduction of Members
Representative Verla Insko, Co-Chair
Senator Martin Nesbitt, Co-Chair 10:00-10:15
II. Overview of 2009 Legislative Actions
Lisa Hollowell and Shawn Parker, LOC staff 10:15-11:00

III. DHHS Response to Budget Cuts and Enacted Legislation
Lanier Cansler, Secretary, DHHS 
11:00-12:30

Lunch 12:30-1:30

IV. Community Support Services
• Status of Community Support Services
Dr. Craighan Gray, MD, Director, DMA
• Overview for Transition
Leza Wainwright, Director, Div. of MH/DD/SAS 1:30-2:30

V. CAP-MR/DD Supports Waiver 
Leza Wainwright, Director, Div. of MH/DD/SAS 2:30-3:00

VI. DHHS- Divisions and Offices Organizational Structure
• Division of Medical Assistance
• Division of Mental Health, Developmental Disabilities, and Substance Abuse Services
• Division of State Operated Healthcare Facilities 
3:00-3:15
VII. Closing Comments and Adjourn
Representative Verla Insko, Co-Chair
Senator Martin Nesbitt, Co-Chair 
3:15-3:30

The Arc of NC: Legislation 2009-Information You Can Use

Today we begin our series on legislation that passed in 2009 and how you as an advocate, parent, provider or supporter can use the legislation effectively.

We begin today with the School Violence Prevention Act.

Legislation 2009 – Information You Can Use

School Violence Prevention Act

History:
This bill establishes clear definitions of bullying and harassment and requires each public school district to adopt policies and procedures for dealing with incidents when they occur. The bill includes an enumerated list of categories/characteristics that, real or perceived, have been statistically shown to make students, teachers and staff more likely targets of school violence, including verbal, social and emotional bullying as well as physical harassment, threats, and beatings.

The governor signed this bill into law on June 23, 2009.

How this law defines bullying behavior and what this law requires of local school administrative units:

The School Violence Prevention Law defines “bullying or harassing behavior” as any pattern of gestures or written, electronic, or verbal communications, or any physical act or any threatening communication, that takes place on school property, at any school-sponsored function, or on a school bus.

Bullying or harassing behavior is a behavior that
(1) Places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property; or
(2) Creates or is certain to create a hostile environment by substantially interfering with or impairing a student's educational performance, opportunities, or benefits. For purposes of this section, "hostile environment" means that the victim subjectively views the conduct as bullying or harassing behavior and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying or harassing behavior.

This law goes on to state that “bullying or harassing behavior includes, but is not limited to, acts reasonably perceived as being motivated by any actual or perceived differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, socioeconomic status, academic status, gender identity, physical appearance, sexual orientation, or mental, physical, developmental, or sensory disability, or by association with a person who has or is perceived to have one or more of these characteristics.”

The enumerated list reflects the findings of numerous studies that point to certain populations of individuals being more vulnerable to bullying or harassing behavior.

The law does require each local school administrative unit to adopt a policy prohibiting bullying or harassing behavior before December 31, 2009. This policy must contain the following components. The local school administrative unit can go beyond the minimum policy requirements set out by this law.

(1) A statement prohibiting bullying or harassing behavior.
(2) A definition of bullying or harassing behavior no less inclusive than that set forth in this Article.
(3) A description of the type of behavior expected for each student and school
employee.
(4) Consequences and appropriate remedial action for a person who commits an
act of bullying or harassment.
(5) A procedure for reporting an act of bullying or harassment, including a
provision that permits a person to report such an act anonymously. This shall
not be construed to permit formal disciplinary action solely on the basis of
an anonymous report.
(6) A procedure for prompt investigation of reports of serious violations and
complaints of any act of bullying or harassment, identifying either the
principal or the principal's designee as the person responsible for the
investigation.
(7) A statement that prohibits reprisal or retaliation against any person who
reports an act of bullying or harassment, and the consequence and
appropriate remedial action for a person who engages in reprisal or
retaliation.
(8) A statement of how the policy is to be disseminated and publicized,
including notice that the policy applies to participation in school-sponsored
functions.

The School Violence Prevention law also requires that the local policy appear in any school publication that “states the rules, procedures and standard of conduct for schools within the school unit and in all student and school employee handbooks”. The policy for anti-bullying and anti-harassing behavior is also mandated as part of the employee- training program. Schools must also develop and implement methods and strategies for creating environments that promote safe environments free of bullying or harassing behavior.

What You Can Do To Make This Law Effective:

1. Check to see if your child’s school currently has a policy regarding bullying and harassing behavior and make sure it is as comprehensive as the new law outlines.

2. If your school does not have a policy in place, contact your school administrator and educate them on the law using the information in this handout. Ask your school administrator when your local school board plans to create and approve their policy that will protect all children from bullying and harassing behavior.

3. Talk to your child’s teacher to see if there are currently any programs in your school that educate children on how to deal with bullying or harassing behavior or any programs that teach children about creating a safe environment that is free of bullying and harassing behavior. If there are no programs in place, encourage your teacher to start that discussion with his/her peers and administrators.

4. If your child is being bullied or harassed, use this law to educate your child’s teacher or administrator that they need to take action to stop the bullying or harassment.

Monday Quick Hits: Hot Policy Topics for This Week

North Carolina:

On Wednesday the Mental Health/Developmental Disabilities/Substance Abuse Services Joint Legislative Oversight Committee meets for the first time since session ended. The agenda is posted on this blog. We encourage you to attend this meeting if you are in Raleigh.

MH/DD/SAS Legislative Oversight Committee-Upcoming Meeting September 23, 2009and Agenda

Joint Legislative Oversight Committee on
Mental Health, Developmental Disabilities, & Substance Abuse Services
AGENDA
September 23, 2009, 10:00 A.M.; Room 643, Legislative Office Building
Representative Verla Insko, Co-Chair Presiding

I. Greetings, Opening Comments and Introduction of Members
Representative Verla Insko, Co-Chair
Senator Martin Nesbitt, Co-Chair 10:00-10:15
II. Overview of 2009 Legislative Actions
Lisa Hollowell and Shawn Parker, LOC staff 10:15-11:00

III. DHHS Response to Budget Cuts and Enacted Legislation
Lanier Cansler, Secretary, DHHS
11:00-12:30

Lunch 12:30-1:30

IV. Community Support Services
• Status of Community Support Services
Dr. Craighan Gray, MD, Director, DMA
• Overview for Transition
Leza Wainwright, Director, Div. of MH/DD/SAS 1:30-2:30

V. CAP-MR/DD Supports Waiver
Leza Wainwright, Director, Div. of MH/DD/SAS 2:30-3:00

VI. DHHS- Divisions and Offices Organizational Structure
• Division of Medical Assistance
• Division of Mental Health, Developmental Disabilities, and Substance Abuse Services
• Division of State Operated Healthcare Facilities
3:00-3:15
VII. Closing Comments and Adjourn
Representative Verla Insko, Co-Chair
Senator Martin Nesbitt, Co-Chair
3:15-3:30

Coming Up Next Week

Next week we will post the first "Legislation 2009-Information You Can Use" tool sheet! These handy dandy guides will let you know how to use the important legislation that passed this session. First up, the School Violence Prevention Act!

Also, we will be live blogging sections of The Arc of NC State Conference next week!

More on that Monday!  

One more hot topic: Don't forget that Wednesday, September 24th is the first MH/DD/SAS Legislative Oversight Committee next week! If you are in Raleigh we need you to attend this committee meeting.  LMEs have received letters regarding the serious and deep cuts that they are facing and we need you there to show that these cuts will hurt people in our state!

NCGA: When do they start oversight meetings?

Excellent question blog readers!  We will see the first Mental Health, Developmental Disability, Substance Abuse Services Legislative Oversight Committee is on Wednesday, September 23 at 10:00am in room 643 of the LOB.

When we get an agenda we will post it here.  If you are in town that day, we encourage you to come to this committee meeting. 

The budget cuts this past session have been amplified by the governor's mandate for an additional 5% cut of all departments. These cuts will have a devastating affect on families, children, and people living in our communities. We need to be vigilant and we need to be clear to leadership at the General Assembly that they must work to restore services to people with developmental and intellectual disabilities. 

Monday Quick Hits: Hot Policy Topics for This Week

Return For Veto Override?

Speaker of the House Joe Hackney stated this week that members will not be returning to Raleigh this week for a veto override of HB 104.

Speaker Hackney sited the cost of brining everyone back and stated that they would work with the governor's office and be ready with legislation for the short session.

Governor Perdue vetoed HB104 last week.

National News: CEPR (Center for Economic and Policy Research) Disability and Poverty Article

The Center for Economic and Policy Research recently released this report on poverty and disability. Excellent read.

NC News: News and Observer Story On Uninsured

The News and Observer is reporting that new census numbers show that 15% of North Carolinians are uninsured.  This report comes on the heels of President Obama's address to Congress on health care reform.

Policy Blog Notice: Labor Day Weekend

The Arc of North Carolina Policy Blog will be taking Monday off in honor of Labor Day. We will see you all on Tuesday! Have a great holiday weekend!

NCGA: Legislative Update 5- The Arc of NC Legislative Agenda Wrap Up

Here is the last bill review of the week.

House Bill 218/Session Law 2009-64: Parent and Student Involvement Act-Glazier

This legislation begins the process of looking at North Carolina’s policies for long-term suspension. This bill requires written notification, including a description of the incident leading to the recommendation, for any suspension or expulsion for more than 10 days. It also would allow the student to request a hearing to contest the expulsion.

This legislation provides the following procedures:
(1) A description of the incident leading to the recommendation that the student
be expelled or suspended for more than 10 days;
(2) The specific provisions of the student conduct policy or rule alleged to have
been violated;
(3) The specific process by which the parent may request a hearing to contest
the suspension for more than 10 days or expulsion, including the number of
days within which the hearing must be requested;
(4) The process by which a hearing will be held, including, to the extent
provided by law, the student's opportunity to examine evidence and present
evidence, to confront and cross-examine witnesses supporting the charge,
and to call witnesses to verify the student's version of the incident;
(5) The parent is permitted to retain an attorney to represent the student in the
hearing process;
(6) The extent to which the local board policy permits the parent to have an
advocate to accompany the student to assist in the presentation of his or her
appeal instead of an attorney; and
(7) The parent has a right to review the student's educational records prior to the
hearing.

This bill was important to The Arc of NC because students with disabilities have a high suspension rate, often due to emotional and/or behavior issues related to the disability. Students who frequently have long-term suspensions are more likely to drop out of school, and the drop-out rate for students with disabilities is already high. The process identified in this bill will bring parents and administrators together to talk about why the child is being suspended. Parents will be explained their rights and have the opportunity to appeal the suspension or expulsion. The process may also lead to identification of services the student may need or possibly the identification of a disability.

Vote History: This bill passed the House 108 in favor to 5 opposed and passed the Senate 48 in favor to 0 opposed. The governor signed this bill into law on June 2, 2009

NCGA: Legislative Update 4 - The Arc of NC Legislative Agenda Wrap Up

Part 4 is up today! As you can tell with the hard work and dedication of many advocates across the state we were able to make real positive change for North Carolina.

Senate Bill 526/Session Law 2009-212: School Violence Prevention Act-Glazier

This legislation was a hot issue throughout the session. This bill took the advocacy of multiple organizations working for almost three years but we achieved a significant victory with the signing of this bill into law.

This bill establishes clear definitions of bullying and harassment and requires each public school district to adopt policies and procedures for dealing with incidents when they occur. The bill includes an enumerated list of categories/characteristics that, real or perceived, have been statistically shown to make students, teachers and staff more likely targets of school violence, including verbal, social and emotional bullying as well as physical harassment, threats, and beatings.

Vote History: The Senate passed this bill 26 in favor 22 opposed and the House passed this bill 58 in favor 57 opposed. Speaker of the House Joe Hackney broke the tie in the House. The governor signed this bill into law on June 23, 2009.

NCGS Legislative Calendar: When are they coming back?

For those of you who are missing our elected officials and are curious about when they are coming back, we have the following information to share with you. Study committees and oversight committees are currently being appointed and some are already releasing their meeting dates. So far we have a few starting up in the next two weeks. As we get more information we will post it here. Monday, September 14, 2009
10:00 AM	Child Fatality Task Force	1228/1327 LB
Wednesday, September 16, 2009
11:00 AM	Employee Hospital and Medical Benefits, Committee on	421 LOB
Wednesday, September 23, 2009
10:00 AM	Mental Health, Developmental Disabilities and Substance Abuse, Joint Legislative Oversight Committee	643 LOB

NCGA: Legislative Update 3 - The Arc of NC Legislative Agenda Wrap Up

In today's installment we are going to highlight a joint advocacy effort with the Self-Advocates of North Carolina, the People First bill:

Senate Bill 208/Session Law 2009-264: People First-Dorsett

This legislation required bi-partisan negotiations with key Senators. Some of the concerns raised were with the changing of language that could affect Medicaid funding, criminal laws that contain specific federal or state definitions, and civil laws that contain specific rulings that incorporate definitions. These concerns are the same that were raised in all of the states where this legislation has been presented.

After multiple negotiations a model bill was created. The Arc of North Carolina feels that our legislation will answer many of the questions that other states are debating regarding People First and can become a model for other states.

This bill directs the Legislative Services Office to incorporate into its drafting training of legislative drafters the preference to avoid language that implies that a person as a whole is disabled, equates a person with his or her condition, or is regarded as derogatory or demeaning.

To avoid any unintended consequences of altering existing legislation or creating legislation that would be in conflict with existing legislation; this bill will direct the General Statues Commission to recommend to the 2010 reconvened session of the General Assembly and to the 2011 Regular Session of the General Assembly any statutory changes and drafting policies needed to make the General Statutes and administrative rules refer to a person with a disability as a person first.

Vote History: This bill passed the Senate 45 in favor to 0 opposed and passed the House 114 in favor and 2 opposed. The governor signed this bill into law on July 2, 2009.

NCGA: Legislative Update 2 - The Arc of NC Legislative Agenda Wrap Up

Our second edition of the Legislative Update: The Arc of NC Legislative Agenda will look at a bill designed to bring more transparency to single stream funded local management entities. This bill also protects funding on HUD projects for people with developmental or intellectual disabilities.

House Bill 672/Session Law 2009-191: Accountability for State Funding/MHDDSA-Earle.

-The first section of this bill requires LMEs that use single stream funding to on a bi-annual basis to receive to report on the allocation of service dollars and receive public comment during a regularly scheduled board of directors meeting.

-The second section focuses on HUD group homes and apartments. The General Assembly appropriates state funding to group homes to be used in conjunction with federal HUD funding. After the biennial this funding can be moved. However, in some cases the removal of our state funding to these group homes and apartments can jeopardized our agreement with the federal matching money and the HUD contracts.

This section of the bill will require LMEs to seek approval for the reduction in funding from the Department of Health and Human Services prior to adjusting any funding associated with HUD group homes or apartments.

-The final section of this bill will direct the Department of Health and Human Services to analyze the effectiveness of single stream funding in LMEs that have been working with single stream for a year or more. These findings will be reported to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services as well as the Health and Human Services Appropriations Subcommittee in the House and Senate.

Vote History: This bill passed the House 117 in favor 0 opposed and the Senate 45 in favor 0 opposed. The governor signed this bill into law on June 29, 2009.

NCGA: Legislative Update - The Arc of NC Legislative Agenda Wrap Up

This week we will be reviewing several key bills that were passed during this legislative session.  The Arc of North Carolina presented a very robust and comprehensive legislative agenda to our legislators.  With the work of many leaders, our policy platforms were recognized and many of the bills we worked on became laws. This week we are going to highlight the first three of these new laws.

So today we start with

House Bill 673/Session Law 2009-186: Support for Developmental Disability Services-Earle.

This legislation will create a statewide data collection system that will reflect how many people with developmental disabilities are currently waiting for services and what services they are waiting for. The bill also permits the Department to ensure that State-funded developmental disability services are authorized on an annual or semi-annual basis depending on the services, and will also give direction to the Department to develop developmental disability service definitions that allow for funding of a person-centered plan.

This bill was also debated with many of the committee members stating that a statewide data collection system will present to the legislature any gaps in services that may need legislation.

-HB 673 includes many of the recommendations from the Institute of Medicine Study on Developmental Disabilities. The Institute of Medicine Study on Developmental Disabilities was legislated by the General Assembly during the 2008 short session.

-This bill will re-establish a standardized waiting list for people with developmental disabilities who are seeking services. This wait list will provide the necessary data collection to be used by the state and members of the General Assembly to effectively serve people with developmental disabilities.

The waiting list will collect data for people with developmental disabilities who may qualify for the following targeted services
a. Waiting for residential services.
b. Potentially eligible for CAP-MRDD.
c. In need of other State-funded services and supports for people with developmental disabilities.

-This bill directs the Secretary of DHHS to develop and adopt rules governing a statewide data system that will be used to for statewide planning.

This bill was voted on and passed out of committee with a favorable report.

Vote History: The bill passed the House (112 in favor 0 opposed) and the Senate (48 in favor and 0 opposed). The governor signed this bill into law on June 29, 2009.

The Arc of NC Mourns The Loss of Senator Edward "Ted" Kennedy

The Arc of North Carolina joins with The Arc of the United States to express our deepest gratitude and most sincere sympathy at the passing of a champion for people with intellectual and developmental disabilities, Senator Ted Kennedy.

Senator Ted Kennedy worked tirelessly for the inclusion of people with disability in all aspects of life.  His passion and determination to make our nation a model of civil rights, equality in education and equality in health care for people with disabilities will be missed deeply.

The Arc Mourns the Loss of its Greatest Legislative Champion
8/26/2009
The Arc Mourns the Loss of its Greatest Legislative Champion

The Arc of the United States and all children and adults with intellectual and developmental disabilities and their families lost its all time legislative champion with the death last night of Senator Edward M. Kennedy (D-MA). His legislative achievements in the field of disability were many and far reaching. Civil rights, education and health care were the cornerstones of his efforts to help all Americans live decent and productive lives. In the rights arena, his most notable achievement was the enactment of the Americans with Disabilities Act in 1990. He played an instrumental role in the passage of Public Law 94-142 in 1975 (now known as the Individuals with Disabilities Education Act) which gave every student with a disability the right to a free appropriate public education. Senator Kennedy was one of four Members of Congress who, along with former President George W. Bush, crafted the No Child Left Behind Act. He was instrumental in assuring that all students with disabilities would be part of the student achievement assessments under this law. Last year, he co-authored the Higher Education Opportunity Act which, for the first time in Federal law, will afford higher education opportunities for students with intellectual disabilities. Other major civil rights accomplishments that helped people with disabilities enter the mainstream of our society include the Fair Housing Act and the Voting Rights Act.

As a steady voice for comprehensive, quality and affordable health care reform, Senator Kennedy pushed hard over his decades of Senate service to expand the National Institutes of Health, created programs to protect pregnant women and children, the Children’s Health Insurance Program (SCHIP), the Genetic Information Nondiscrimination Act and the recently enacted Medicare prescription drug expansion. As many have observed, his absence from the Senate this year has significantly hindered the passage of health care reform.

In his role as a member, Ranking Minority Member, and Chairman of the Health, Education, Labor and Pensions Committee, he authored the Developmental Disabilities Act, established Protection and Advocacy Systems in every state, and oversaw several extensions of the Rehabilitation Act, including the addition of Supported Employment and steady increases in the minimum wage.

Senator Kennedy was first elected in 1962 and served six terms. He ranks third in total service in the U. S. Senate. He was often referred to as the “Lion of the Senate.” A consummate deal maker, many of his legislative successes were due to his ability to reach across the aisle and secure bipartisan support, sometimes with the most conservative of Senators. He was an electrifying orator, his booming voice resounding off the walls of the Senate chamber. Senator Kennedy did his homework, always exceptionally well prepared for his Committee hearings, bill markups and floor speeches. He was often noted as having the best and most loyal staff on Capitol Hill.

Senator Kennedy often described his interest in disability policy due to his family history. Late in life, his father suffered from a serious stroke. His sister Rosemary was born with an intellectual disability and was sheltered during her adulthood in a private institution. His sister Eunice, who died only two weeks ago, headed up the Joseph P. Kennedy Jr. Foundation and created the Special Olympics. The Senator’s two sons also experience disability. Ted Jr. lost a leg to cancer as a child. Patrick, a U. S. Congressman from Rhode Island, has a mental illness.

Senator Kennedy spoke at several events sponsored by The Arc, most notably the Disability Policy Seminar. In 2001, he was the recipient of The Arc’s John H. Chafee Leadership in Public Policy Award. Last month, The Arc’s President, Lynne Cleveland, announced that Senator Kennedy would be this year’s President’s Award recipient. This award will now be given posthumously at an event in the near future.

August 26, 2009

We Are Back From Vacation

The Arc of North Carolina Policy Blog has been taking a much needed vacation.  The 2009 Session of the General Assembly is over. Tomorrow we will be posting a legislative review of policy that was included on The Arc of North Carolina's legislative agenda.

During this session break we will also be updating you on study committee activities and on how the budget cuts are affecting people with developmental disabilities and those who work with them.

Thanks for reading the blog during this session, we appreciate it.

NCGA: State Budget Update for Wednesday

Both the House and the Senate will take up the budget again today. This will be the last vote on the budget. 

We will be posting a full analysis of the cuts to HHS later this week.  Until then we suggest reading this article by WRAL on the budget and Governor Perdue's comments regarding the budget.  The Governor has stated she will sign the budget with "serious reservations".

NCGA: State Budget Update The Vote and Devastating Changes to HHS

Today the House and Senate are voting right now on the state budget.  In a last minute turn of events, House and Senate Appropriation chairs choose cut $40 million dollars from state funded services for people receiving services in Mental Health, Developmental Disabilities, and Substance Abuse Services.  

This was an extremely unexpected cut, not only to advocates monitoring the budget but also to the HHS Appropriation Chairs.

Just last week advocates had been told that the original cut of $50 million dollars would reduced to a $10 million dollar cut. 

As of this evening, the Senate passed has voted 27 Yes to 17 No to pass the budget. The Senate will vote for the third time on the budget tomorrow. The House, as of 5:00pm are continuing to debate the budget.

This cut of $40 million dollars in state funded services will be devastating to a community based system of care. You will not find in the budget equally as severe cuts to state institutions.

We will send updates when they become available.

NCGA: State Budget Update

WRAL and other news outlets are reporting that there will be a budget roll out tonight. On Friday, we started receiving updates from the General Assembly that the House and Senate Appropriation chairs were nearing the end of negotiations on the finance package and the budget.

By late Friday evening we had a tentative deal. There are still rumors that Governor Perdue may not be happy with everything in the finance package or the way class sizes are being managed.

We will be in the building later today and will update you when more details become available.

Until then we invite you to check out this story: WRAL.

NCGA: Finance Package Update

We have been receiving word that the House and Senate are very close to a negotiated finance package.

Looks like we may see it tomorrow with the budget being rolled out on Monday, Tuesday, and Wednesday of next week.

NCGA: SB 293 Juror Qualifications/Electronic Juror List

This bill was heard on the House floor yesterday and after much heated debate a motion to re-refer was presented by Representative Faison.  This bill has been heard by three committees and received a unanimous favorable report from each committee. It also was voted on by the Senate 49 Yes to 0 Nayes.

The bill will be in House Ways and Means today at 1pm a committee that has already discussed this bill. Representative Faison will be presenting an amendment on the bill and advocates are very concerned that this amendment will again pull us out of compliance with the ADA.

It is becoming clear to many in the disability community that there is still much education to be done regarding basic civil rights for people with disabilities. It is sad since 19 years ago President Bush signed into law the most comprehensive civil rights legislation for people with disabilities, The Americans with Disabilities Act.

NCGA: Senate Finance Meeting Update

Yesterday the Senate Finance Committee met to present the concepts behind their soon to be released finance package. The basics include broadening the tax base by taxing services that are not currently taxed and lowering the individual income tax.  We are still waiting for an actual bill.

Monday Quick Hits: Hot Policy Topics for This Week

Continuing Resolution:

It is looking more and more like we will need to have a third continuing resolution in order to keep state government operating.  Currently we have a continuing resolution that sets the spending at 84% of the current FY 2008-2009 budget.  We expect that the next continuing resolution will again lower that percentage. The current CR will expire at midnight on July 31, 2009.

Budget:

After Governor Perdue stated that she would not support any budget with an income tax surcharge on all workers, budget negotiations came to a standstill and the long awaited finance/revenue package became history.  This week we expect House and Senate leadership to begin to work on a new revenue package. With the delay in passing a budget, we expect to start hearing about more services being cut to people with developmental disabilities. We are also anticipating that providers of critical services will begin to see delays in receiving payments for services provided. 

We will keep you updated on all developments.

Bills of Interest:

Senate Bill 293: Juror Qualifications/Electronic Juror List (Deaf Juror Bill) will be on the House calendar tonight for its second and third reading. This bill had received considerable attention regarding the original floor debate. We are continuing to request that you use the Action Alert on this blog to contact your Representative and ask them to vote yes for the bill.

NCGA: Budget Update-Negotiations Begin Again

Yesterday, Governor Bev Perdue objected to the 2 percent income tax surcharge effectively killing the compromise agreement between the House and Senate.

What this means is that the finance package that had taken so long to be agreed upon is now off "the table" and we are back to square one.

Currently North Carolina's government is running under a continuing resolution that sets spending at 84 percent of the current budget (FY 2008-2009).  This current continuing resolution is slated to expire on July 31.  We had hoped that the budget would be voted on by no later than Thursday evening and that a third continuing resolution would not be needed.  That scenario is no longer valid. We are getting reports that a third continuing resolution is being worked on right now.

We received reports today that negotiations will not begin again until Tuesday. We are hoping this is incorrect and that leaders of the House and Senate will understand the importance of coming to a compromise finance plan sooner rather than later.

As we receive more information we will be posting it here.

NCGA Update: Senate Bill 810: Affordable Housing/No Discrimination Passes Last Committee Heading to House Floor

Today the House Judiciary III committee gave a favorable report to Senate Bill 810: Affordable Housing/No Discrimination.

Senate Bill 810 makes it a violation of the NC Fair Housing Act to discriminate in land-use decisions or permitting of developments based on race, color, religion, sex, national origin, handicapping condition, familial status, or the development contains affordable housing for families or individuals below 80% of area median income. 

SB 810 is supported by a broad cross section of NC organizations:
• NC Home Builders Association
• NC Housing Coalition
• Apartment Association of NC
• ARC of NC
• NC Association of Realtors
• Disability Rights NC
• NC Justice Center

We sincerely thank Senator Floyd McKissick (D-Durham) for leading this effort this session.

NCGA: HHS Budget

HHS Budget:

So far there have been no notice of Appropriation Subcommittees meeting to present their conference reports. If we get a notice we will post it here.

NCGA: Budget Wrap Up Now in Sight

This week the House and Senate Democrats hammered out a finance package that would bring in close to $990 million in revenue. This agreement ends the battle over how to raise revenue in order to offset some of the most devastating cuts in Health and Human Services and Education.

The revenue plan will call for a 1-cent increase in the sales tax, a 2 percent surcharge on personal and corporate income tax liability, a tax on items downloaded over the Internet, a 10-cent per pack increase on cigarettes, an increase in the beer excise tax of 5 cents per six pack, a 4-cent per bottle tax in wine, and a 4 percent increase on tax on liquor. The sales tax increase does not have a sunset clause however, the income tax surcharge would expire in two years.

We are expecting to see finance meetings on Thursday or Friday. Yesterday, Representative Holliman stated to Laura Leslie (WUNC) that the budget conference report would be presented on Monday with votes occurring on Tuesday and Wednesday. If this happens as planned there will be no need for any additional continuing resolutions.

We expect to see House and Senate committee meetings begin to close down starting Monday.
After a very difficult session it looks like we are at an end.

NAD-National Association of the Deaf-Post on SB 293

The National Association of the Deaf has written a blog post regarding the House debate on SB 293. This post includes the unofficial transcript of the proceedings.

It is an interesting read. Take a look and then take action by calling your Representative and asking for them to vote YES on Senate Bill 293: Juror Qualifications/Electronic Juror List.

If your Representative is Representative Rick Glazier, Representative Deborah Ross or Representative Ruth Samuelson, please take a moment to send them a "Thank You" for speaking in favor of Senate Bill 293.

NCGA: Action Alert Senate Bill 293 Juror Qualifications/Electronic Juror List :Take Action Today!

ACTION ALERT!

Take Action Today! Call Your North Carolina House Representative! Tell Them To Vote Yes on Senate Bill 293: Juror Qualifications/Electronic Juror List

BACKGROUND:

Under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, a juror cannot be excluded from service simply because he or she is deaf.

Senate Bill 293: Juror Qualifications/Electronic Juror List changes our existing law to permit people who are deaf to serve as juror.

This legislation also specifies that if a person who is deaf is selected as a juror that the court will appoint a qualified interpreter to interpret the proceedings to the deaf person.

The United States Supreme Court recognized in Tennessee v. Lane that:

It is not difficult to perceive the harm that Title II [of the ADA] is designed to address. Congress enacted Title II against a backdrop of pervasive unequal treatment in the administration of state services and programs, including systematic deprivations of fundamental rights. For example, "[a]s of 1979, most States . . . categorically disqualified 'idiots' from voting, without regard to individual capacity."  The majority of these laws remain on the books, and have been the subject of legal challenge as recently as 2001. Similarly, a number of States have prohibited and continue to prohibit persons with disabilities from engaging in activities such as  . . .serving as jurors. . . .  The decisions of other courts, too, document a pattern of unequal treatment in the administration of a wide range of public services, programs, and activities, including the penal system, public education, and voting. Notably, these decisions also demonstrate a pattern of unconstitutional treatment in the administration of justice. 

Senate Bill 293 will bring our state into compliance with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.

Tell Them:

To vote YES for Senate Bill 293: Juror Qualifications/Electronic Juror List.

This legislation will bring North Carolina law into compliance with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.

Currently in the United States there are approximately 100 deaf practicing attorneys and three seated deaf US judges. 

How to find your Representative:

http://www.ncleg.net/GIS/Representation/Who_Represents_Me/Who_Represents_Me.html

Or call 919-733-7928

NCGA Budget Update: Work Continues

Not much more to report regarding the budget process. Appropriation chairs from the House and Senate are continuing their negotiations. In the meantime we are not hearing any updates regarding the finance package.

When we get more news we will let you know.

NCGA: Continuing Resolution 2.0 Update

The House and Senate have agreed on a continuing resolution today that will keep the North Carolina government operating at 84% of the current budget.  The continuing resolution will expire on July 31, 2009. Governor Perdue will sign the continuing resolution today.

NCGA: Budget Update-Negotiations Continue

This morning the House and Senate Appropriation chairs were presented the HHS Special Provisions by the HHS Conferee Chairs.  It does look like progress is happening and we may see the budget being wrapped up early in the week. However, as we stressed yesterday, the finance package is far from a "done deal".

NCGA: Continuing Resolution 2.0 Update

The House today voted to not concur with the Senate continuing resolution. The bill will now be referred to the quickest conference committee of the session.  The House and Senate will need to pass a new continuing resolution by tomorrow, the original deadline that was set by the first continuing resolution.  The sound you are all hearing is the tick tock of the legislative clock!

NCGA: Budget Update

Budget:

The House and Senate continue their work on the budget. There have been multiple meetings this week between the House and Senate appropriation chairs and the Health and Human Service appropriation chairs. These are all very positive signs that may mean that we are nearing the end of the budget process.

Finance Package:

However, we are also hearing that the finance package is far from a "done deal". Work still continues on both finding a compromise plan that will appeal to the House and Senate, as well as finding the needed votes for a tax package in the House.

NCGA Legislative Update: Continuing Resolution 2.0

Laura Leslie at WUNC is reporting that there will be a second continuing resolution as budget negotiations appear to be nearing an end.

NCGA Legislative Update: Budget Negotiation Update

On Friday, Senate and House appropriations chairs and leaders met to agree upon a final budget spending figure. The Senate and House have agreed to a $18.9 billion dollar budget.  They have not yet worked out all the details regarding a revenue package that will raise $990 million in new money.

Here is a quick recap of what the two chambers original budget totals were:

Senate passed a budget that spent:
FY 09-10 $20,048,773,017  ($20.1 billion)
FY 10-11- $21,284,428,623

Senate included a tax package of $500 million in their budget.

House passed a budget that spent:
FY 09-10: $18,583,763,145  ($18.6 billion)
FY 10-11: $19,402,877,454

House included in their budget a tax package that raised $780 million. 

The new House and Senate agreed upon budget is set at $18.9 billion  which would increase the House budget by $300 million.

Three departments are targeted to receive restoration funding and the funding items will be at the discretion of the subcommittee conference chairs.  The three departments are Education, Justice and Public Safety and Health and Human Services.

Advocates will be working during the week to see that the Department of Health and Human Services receives a large enough portion of the restoration funding to ensure that critical services are not devastated by the current budget crisis.  To restore the worst of the cuts DHHS would require an additional appropriation of $150 million dollars.  This is the numbers leaders in the House and Senate will be hearing from health care advocates across the state.

NCGA Legislative Update: Senate Bill 208: People First is Now A Law!

The Arc of North Carolina extends its congratulations to the North Carolina Self Advocates Association on the signing of SB208: People First into law.

Today Governor Bev Perdue signed SB208: People First. The legislation will now be known as Session Law 2009-264.

Background What the Bill Does:

This bill directs the Legislative Services Office to incorporate into its drafting training of legislative drafters the preference to avoid language that implies that a person as a whole is disabled, equates a person with his or her condition, or is regarded as derogatory or demeaning.

To avoid any unintended consequences of altering existing legislation or creating legislation that would be in conflict with existing legislation; this bill will direct the General Statues Commission to recommend to the 2010 reconvened session of the General Assembly and to the 2011 Regular Session of the General Assembly any statutory changes and drafting policies needed to make the General Statutes and administrative rules refer to a person with a disability as a person first.

Legislation similar to this bill have been passed in New York, Nevada, District of Columbia, Florida, Louisiana, and Minnesota. Several additional states have removed the term “mental retardation” from their Department and Division names.

Friday Wrap Up: Committee Meetings, Bill Updates and Other Information

After a long 4th of July break and a week where both sides met briefly to discuss the budget, it is clear that budget negotiations have reached a stand still.

The House and Senate appropriation chairs spent the majority of the week working on their proposals to the other chamber. There were no joint meetings between the Senate and House Appropriation chairs this week.

There are two main issues that have caused this stand still in the budget process. The first is the significant differences on how to raise revenue and the second is once the revenue package is agreed upon how will the additional revenue be allocated to Education, Health and Human Services and Justice and Public Safety.

The Finance Conference Committee chairs are also in a stand still regarding how to raise the revenue with the House and Senate firmly entrenched in their legislative proposals.
The Senate has a package that will raise around 1.2 billion dollars the first year by radically changing how taxes are collected. The Senate package would expand sales tax collections to services while over time lowering the rate. The House uses a more traditional approach including sales tax increase and an increase in income tax for the highest tax brackets.

In addition to the debate between the appropriation chairs and the finance chairs, this week Governor Perdue set forth her tax plan. Governor Perdue presented a menu of tax options that include a temporary one-cent sales tax increase and a two-year surcharge on individual income taxpayers making at least $500,000.

It was unclear as the week ended if the Governor’s call to go above the $1 billion dollar revenue figure had any impact on lawmakers. What is clear is that there is growing concern in the House that there may not be the needed 61 votes to get a revenue package passed that goes over the $1 billion dollar mark.

This weekend Senate and House Appropriation chairs will be remaining in Raleigh to continue the budget process. In the meantime, both the House and the Senate are preparing a second continuing resolution as the current continuing resolution is slated to expire on July 15, 2009.

NCGA: Budget Update

There seems to be little movement in budget negotiations between the House and Senate appropriation chairs.  There also is hardly any noticeable movement with the House and Senate finance chairs.  Basically we are experiencing a stalling budget negotiation.

Report on 2008 Disability Voting

The American Association of People with Disabilities released the following report on the 2008 election. The report indicates that due to the passage of the Help America Vote Act there was an increase in voting by people with disabilities.

Read the report here.

NCGA: Senate Bill 208 People First On the Way to the Governor

Yesterday the Senate voted to concur with the House on SB 208:People First. The vote was 49 Yes and 0 No votes.  The bill will now go to Governor Perdue for her signature. Congratulations to all of the self-advocates who have worked so hard to make this happen!

Legislative Victories: SB 526 School Violence Prevention Act

Last evening Governor Bev Perdue signed SB 526: School Violence Prevention Act into law. This was an amazing victory for disability rights advocates across the state! Congratulations!

NCGA: Senate Bill 208 People First Update

Senate Bill 208: People First will be on the Senate calendar today for a concurrence vote! This is the last stop for this advocate driven legislation. Next stop the Governor's desk. Congratulations to the many self-advocates in North Carolina who made this happen!

NCGA: Senate Bill 208 People First Bill Passes the House

Today the House passed Senate Bill 208: People First. The vote was 114 Yes to 2 No  votes. The two dissenting votes were cast by Representative Cleveland and Representative Brown.

This bill will now move back to the Senate for concurrence.

The Arc of NC: Legislative Victories!

Legislative Victory!

During this difficult budget crisis, we thought we would share some recent legislative victories that will positively affect people with developmental disabilities.
None of these victories would have been possible without the dedication of advocates across the state. We congratulate you are your work and your quick responses to our action alerts!

Here are the victories:
House Bill 672/Session Law 2009-191: Accountability for State Funding MH/DD/SA

On Friday, June 26th, Governor Bev Perdue signed House Bill 672 into law. This important legislation requires LMEs that use single stream funding on a bi-annual basis to report on the allocation of services dollars and receive public comment during a regularly scheduled board of directors meeting. The bill also provides protection to state dollars used to secure HUD funding for group homes and apartments. The last section of the bill directs the Department of Health and Human Service to analyze the effectives of single stream funding and report back to the General Assembly.

House Bill 673/Session Law 2009-186: Support for Developmental Disability Services

On Friday June 26, 2009 Governor Bev Perdue also signed into law House Bill 673: Support for Developmental Disability Services. This bill will re-establish the waiting list for people with developmental disabilities.

This bill included many of the recommendations from the Institute of Medicine Study on Developmental Disabilities. The bill will re-establish a standardized waiting list for people with developmental disabilities who are seeking services.
The waiting list will collect data for people with developmental disabilities who may qualify for the following targeted services

a. Waiting for residential services.
b. Potentially eligible for CAP-MRDD.
c. In need of other State-funded services and supports for people with developmental disabilities.

The creation of this statewide waiting list does not create an entitlement to services for people on the waiting list.

This legislation also adjusts the reauthorization of person center plans for people with developmental disabilities to quarterly, semi-annually, or annually depending on the services that they are currently receiving. In addition the bill permits the Division of MH/DD/SA to begin the process of combining existing service definition to provide more flexibility with the new Tier 1 CAP/MR-DD waiver.

Action Alert: People First Bill Scheduled for House Vote! Call Your Representative Monday!!

Action Alert: Take Action Today.

Call Your North Carolina General Assembly Representative Today! Tell them to vote YES for the Senate Bill 208: People First.

Update:
On Thursday, June 25, 2009 Senate Bill 208: People First passed the House Health Committee. The full House will vote on this bill Monday, June 29, 2009. 

We need you to call your Representative Monday, June 29th!! Tell Them To Vote Yes for Senate Bill 208: People First!

Background What the Bill Does:

This bill directs the Legislative Services Office to incorporate into its drafting training of legislative drafters the preference to avoid language that implies that a person as a whole is disabled, equates a person with his or her condition, or is regarded as derogatory or demeaning.

To avoid any unintended consequences of altering existing legislation or creating legislation that would be in conflict with existing legislation; this bill will direct the General Statues Commission to recommend to the 2010 reconvened session of the General Assembly and to the 2011 Regular Session of the General Assembly any statutory changes and drafting policies needed to make the General Statutes and administrative rules refer to a person with a disability as a person first.

Legislation similar to this bill have been passed in New York, Nevada, District of Columbia, Florida, Louisiana, and Minnesota. Several additional states have removed the term “mental retardation” from their Department and Division names.

Call Your Representative! Tell Them:

Vote Yes for the People First Bill
Senate Bill 208 People First-Bill Sponsor Senator Katie Dorsett

Tell Your Representative:

* This legislation was brought to the General Assembly by the Association of Self Advocates North Carolina, a non profit organization supports the concepts of self-advocacy together with self-determination of its members to help people with developmental disabilities take responsibility for their lives, and bring about change towards full inclusion in society.

* Words have power and inaccurate descriptors such as “handicapped” or “mentally retarded” can perpetuate negative stereotypes and create societal and attitudinal barriers.  

* People First Language puts the person before the disability. People First Language describes what a person has, not who a person is. 

* Using People First Language is the first step toward breaking down the negative stereotypes and social barriers that exist in our nation. This bill is an important first step toward recognizing in our state legislation the inherent worth and contributions of our states 1.8 million North Carolinians with disabilities.

* That this legislation will become the model bill for states trying to address changes in drafting legislation using People First language.

Find Your Representative:

Dispatch from Jones St: Thursday Budget Update

HHS Appropriation conferees are meeting right now with the full appropriation chairs. They are presenting their full budget. This meeting is closed to the public, however it may mean that they are almost ready to roll out the HHS conference report.

Once we hear what will happen next we will report it here.

Dispatch from Jones St: People First Update

Tomorrow the House Health Committee will hear SB 208: People First bill.  This is the last committee meeting for this bill before it heads to the House floor.  We will update with more information and an Action Alert after the meeting.

House Health-Room 544- 12 noon.

Dispatch from Jones St: HHS Budget Update

The House and Senate conferrees met today in an open meeting to inform the public of where they are in budget negotiations.  Many of the items in dispute are starting to be sort out but as of now there is nothing concrete to report.  What we can report as not in flux is that the Senate passed a Continuing Resolution today that would keep state government running past June 30th at 85% of its current budget level.

SB 311, the Continuing Resolution bill is not on the House calendar for tomorrow.  We will keep you updated as information becomes available.

Dispatch from Jones St: Victory!!! School Violence Prevention Act Goes to Governor

Today the House passed Senate Bill 526: School Violence Prevention Act with a vote of 58 Yes and 57 No.

The passage of this bill was hard fought! Included in the controversial enumerations were children with disabilities, children with developmental disabilities, and children with sensory disabilities.  Advocates across the state joined in the fight to protect our children and your voices were heard!  

Today this strong bullying legislation passed the House and will be presented to the Governor for her signature. 

This victory would not have been possible without the help of parents, students with disabilities, young leaders with disabilities and the larger coalition that supported and worked tirelessly to make this happen!

Congratulations to you all!

Dispatch from Jones St: HHS Appropriation Conferees Call Meeting

The HHS Appropriation Conference committee will meet today 15 minutes after session in room 425 of the Legislative Office Building. This meeting will be open to the public.

Dispatch from Jones St: Bullying Bill Update

Last evening the School Violence Prevention Act passed the House on second reading with a vote of 59 Yes and 57 Nayes.

Today the bill will be up for third reading. We still need your help! Continue to call your Representative and tell them how important this bill is for the disability community.

TAKE ACTION: CALL YOUR NC HOUSE REPRESENTATIVE TODAY!!!

Today is the day the School Violence Prevention bill is scheduled for a House floor vote!!! We need you to Take Action NOW!!!

Action Alert: School Violence Prevention Act-Senate Bill 526

June 22, 2009

Today the School Violence Prevention Act will be on the House floor for a vote.

Now is the time to contact your General Assembly House Representative and tell them that you support this bill as it is written.

The bill establishes clear definitions of bullying and harassment and requires each public school district to adopt policies and procedures for dealing with incidents when they occur. The bill includes an enumerated list of categories/characteristics that, real or perceived, have been statistically shown to make students, teachers and staff more likely targets of school violence, including verbal, social and emotional bullying as well as physical harassment, threats, beatings, etc. Public support for the bill continues to be strong; polls are showing 69% of those surveyed support the bill as filed. In both polls, majorities in every category supported the bill, including self-identified Republicans, conservatives and those who live in rural areas and small towns across the state.

Here is a brief message from one of North Carolina’s youth leaders:


“Being a person living a life with a disability can be difficult especially if the disability is visible. A person who does not walk straight or does not speak clearly is a target for bullies in the education system. As a student in their junior year of high school, people would think there would be an understanding and the teasing would decease but that is not the situation.”



TAKE ACTION: Your General Assembly House Representative needs to hear from you TODAY!
ACTION TO BE TAKEN:

EMAIL or CALL your Representative NOW.

TELL THEM:

Vote YES for the bill! Vote NO for all amendments!!!

Call/Email your own General Assembly House Representative and tell them to vote for the bill and against any amendments that would strip it of the protections it extends to those most vulnerable students, and share with them the reason you support the bill; personal stories are incredibly powerful. Remember, constituent calls are the most effective way of influencing a lawmaker's stance on an issue, so please call and, if the House Representative is not available, leave a message with your name and contact number, and be sure to tell their assistant that you are a constituent and support Senate Bill 526/House Bill 548.

TELL THEM:

* SB 526 enumerates protected categories to protect children most vulnerable to bullying and harassment. This legislation addresses the needs of students with disabilities.

* To SUPPORT the bill with the enumeration that is currently in this important legislation.

* Seventy-eight students with disabilities, who gathered in Raleigh during the summer of 2006, discussed their experiences dealing with bullying and harassment while attending school. These young leaders recognized the importance of creating legislation that would create a protected category for students with disabilities.

* This legislation will support students with disabilities by utilizing the protected categories as a self-advocacy tool. Students with disabilities will be able to look to this legislation as their right to be protected from bullying and harassment.

* Enumeration of protected categories is a clear sign that all students, regardless of differences in characteristics, appearance, or ability are valued and deserve protection.

EMAIL LETTER:

Subject: Vote for SB 526

Dear [write in your Representative name here],

I understand that SB 526, the School Violence Prevention Act, is up for a vote today.

I've seen the impact bullying has on young people. This bill will make a real difference in making our kids safer.

I urge you to vote for SB 526.

Those who oppose this bill are making a lot of claims about it. The fact is, this is about making all children safer--nothing more, nothing less.

Don't know who represents you/need contact info? Click here: http://ncleg.net/GIS/RandR07/Representation.html

Monday Quick Hits: Hot Policy Topics for This Week

This week will be a busy one at the North Carolina General Assembly.  First we will continue to see the  budget negotiated by numerous conferree committees.  We will also see the House vote on the Bullying Bill and the House Health committee vote on the People First bill.

Here is your run down on this weeks meetings:

Tuesday, June 23
11:00 a.m. House Committee On Education, 643 LOB
HB 687 (Stam) TAX CREDITS FOR CHILDREN WITH DISABILITIES

12:00 noon House Committee On Health, 544 LOB
HB 823 (Glazier) LIMIT TOXIC FLAME RETARDANTS CONTAINING PBDES
SB 208 (Dorsett) PEOPLE FIRST


Wednesday, June 24
11:00 a.m. Senate Committee On Health Care, 544 LOB
HB 243 (Insko) MENTAL HEALTH/LAW ENFORCEMENT CUSTODY
HB 456 (Earle) TECH. & ORG. CHANGES/CERTAIN DHHS FACILITIES
HB 535 (Insko) HEALTH INSURANCE COVERAGE/LYMPHEDEMA
HB 1187 (Alexander, M.) DHHS TECHNICAL CHANGES/HEALTH CARE PERSONNEL
HB 1189 (Alexander, M.) DHHS/TRACKING OUTPATIENT COMMITMENTS.-AB

Dispatch from Jones St: Budget Update HHS

The HHS Appropriation Conferees are continuing their work on the budget.  As of  Friday, June 19, 2009 there were a few agreements between the House and Senate conferees but not a lot of consensus on issues such as SCHIP, provider rates or case management.

The Senate and House conferees adjourned for the weekend with no final plan for the HHS appropriation budget.  We are hearing that today there may be a meeting of this committee.  We will have more details when they become available.

Dispatch from Jones St: The Budget Still Under Negotiations

Leaders from the House and Senate continued to work into the evening last night on the Health and Human Services budget.  Many of the line items in the Medicaid budget were still under discussion by the time they broke at 10:45pm.

At the same time, the conferees for the Finance/Revenue package are still debating what the final numbers will be. If you have been following along at home, and we know you have been, the Senate never presented a finance package when they presented their budget.  Don't let that fool you, there was a package.

The House did present their package and it raised $784 million in new taxes. This restored some of the cuts but did not restore all the needed services for people being served by the division of MH/DD/SAS.

The Governor did request that lawmakers look to raise a total revenue package of $1.5 billion.

This is a very fluid process and we will keep you updated as changes develop. The HHS conferees will begin again today at 9:30am in room 415 of the Legislative Office Building.

Dispatch from Jones St: HB 672 Accountability for State Funding MH/DD/SAS Update

Today House Bill 672: Accountability for State Funding MH/DD/SAS passed the Senate Health Committee today with a favorable report and will be heading to the Senate floor.

Here is what HB 672 does:

-This bill has the support of advocates, providers, the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services and LMEs.

-The first section of this bill requires LMEs that use single stream funding to on a bi-annual basis to receive to report on the allocation of service dollars and receive public comment during a regularly scheduled board of directors meeting.

-The second section focuses on HUD group homes and apartments. The General Assembly appropriates state funding to group homes to be used in conjunction with federal HUD funding. After the biennial this funding can be moved. However, in some cases the removal of our state funding to these group homes and apartments can jeopardized our agreement with the federal matching money and the HUD contracts.

This section of the bill will require LMEs to seek approval for the reduction in funding from the Department of Health and Human Services prior to adjusting any funding associated with HUD group homes or apartments.

-The final section of this bill will direct the Department of Health and Human Services to analyze the effectiveness of single stream funding in LMEs that have been working with single stream for a year or more. These findings will be reported to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services as well as the Health and Human Services Appropriations Subcommittee in the House and Senate.

We appreciate all the hard work of advocates who have emailed and called their legislators in support of this legislation!

Dispatch from Jones St: People First Update

What an amazing day today has been for disability rights advocates! This morning the School Violence Prevention Act made it out of its final committee and is headed for the House floor and this afternoon SB208 People First bill made it out of the House State Government committee and may also be headed for the House floor!!!

Congratulations to everyone who has worked so very hard on these bills.  We need you to make your voices heard over the next day by calling your Representatives and asking them to support both of these bills.

Dispatch from Jones St: HB673 Is on the Way to Governor Perdue

Congratulations advocates! Today HB 673: Support for Developmental Disability Services passed it concurrence vote 112 Yes to 0 Nayes and is on its way to Governor Bev Perdue!

Here is what the bill will do for people with developmental disabilities:

-HB 673 includes many of the recommendations from the Institute of Medicine Study on Developmental Disabilities. The Institute of Medicine Study on Developmental Disabilities was legislated by the General Assembly during the 2008 short session.

-This bill will re-establish a standardized waiting list for people with developmental disabilities who are seeking services. This wait list will provide the necessary data collection to be used by the state and members of the General Assembly to effectively serve people with developmental disabilities.

The waiting list will collect data for people with developmental disabilities who may qualify for the following targeted services
a. Waiting for residential services.
b. Potentially eligible for CAP-MRDD.
c. In need of other State-funded services and supports for people with developmental disabilities.

-This bill directs the Secretary of DHHS to develop and adopt rules governing a statewide data system that will be used to for statewide planning.

-The creation of the statewide waiting list data system does not create an entitlement to services for people on the waiting list.

-This legislation also adjusts the reauthorizing person center plans for people with developmental disabilities to quarterly, semi-annually, or annually depending on the services that they are currently receiving.

-The combining of existing services definitions permits for more flexibility with the new Tier 1 CAP/MR-DD waiver in addressing the needs of people with developmental disabilities.

The Arc of North Carolina extends our thanks to all of our bill sponsors, especially Representative Beverly Earle who was the bills champion.