Wednesday, April 30, 2008

NC Legislative Update: Funding Education for Students with Disabilities

On Tuesday, we posted The Arc of North Carolina Legislative Update. In it we briefly discussed public school funding for students with disabilities. We have additional information now to report. Yesterday, April 29, the Joint Appropriations Subcommittee on Education heard from State Superintendent of Public Instruction June Atkinson. The following is the supplemental budget request from the State Board of Education regarding students with special needs: To reach funding at 230% of regular ADM funding the state would require an investment of over $100 million. The request for funding is $40,000,000. That is less than 1/3 of the needed amount. Here is the breakdown of the rest of the requests:


Globally Competitive Students

1. More at 4: Increase rate $550 (to $5,000) and add 5,000 slots (increases to 33,655) -- $40,760,250
2. Learn and Earn On-Line: Current budget $6.5 million + %5.5 million reserve. Proposal is to continue reserve and increase recurring budget $3 million. Expansion would allow summer courses -- $8,500,000
3. Literacy Coaches: Expand to an additional 100 middle schools --- $5,974,700
4. Critical Languages: Add 4 more on-line courses ($500,000 funded in FY 07-07) -- $500,000
5. Graduation Project: Continue teacher training and to develop the management tool to assist teachers in managing students’ projects -- $750,000
6. Learn and Earn: Expand with $640,000 non-recurring for 16 planning Grants. Full implementation at 20 new sites. Operating 74 sites -- $6,009,262

21st Century Professionals
1. Fund 1 full time mentor for every 15 newly hired teachers in their 1st through 3rd year of teaching and for every 15 new instructional support personnel in their 1st and 2nd year -- $37,795,000

Healthy and Responsible Students
1. Child Nutrition: Cover the higher cost of operations due to implementing nutritional standards and salary/other cost increases -- $20,000.000
Leadership
1. Principals for Hard-to-Staff Schools: New slary increments and signing bonuses for principals in hard-to-staff schools. Recommended by SBE Committee on School Leadership – 3,925,000
2. Accountability director/Data Coach: Fund 16 regional data coaches (2 per region) to help school systems use test data to improve student performance. Recommended by the Accountability Commission -- $2,283,728
3. Establish a Principal Leadership Academy: Funding to support preparation and ongoing training of school leaders based on 21st Century standards -- $1,266,170
4. Comprehensive Support for Districts and Schools: Personnel/assessment cost to implement comprehensive support to all school districts, (including initiatives in specific low-performing districts). Adds 47 positions with 9 being re-purposed. Include funding for the 15. 8 federal positions to be re-purposed to this initiative because the federal funding has been eliminated or significantly reduced -- $8,074,501

21st Century Systems
1. Transportation: Provides funds to cover the increasing cost of fuel and bus tires -- $25,898,000
2. Connectivity: Fully fund the needed target of $24 million. Funded $12 million in FY 07-08 -- $12,000,000
3. 21st Century Classrooms: Would equip 50% of middle school classrooms with digital white board, data projectors, computers, document cameras, and support personnel -- $59,823,504
4. Children with Disabilities: To reach funding @230% of regular ADM funding, it will require an additional $100 + million -- $40,000,000
5. Academically and Intellectually Gifted: Increases funding factor by 20% (from $1,083.32 to $1,299.98 -- $12,796,372
6. DSSF: Reduce allotment ratios by two and continue hold harmless to 16 original districts -- $86,231,773
7. Resource officers: Expand/require in Middle School. Governor included $4,464,884 in budget for FY 07-08 -- $6,200,000

Agency Request
1. Convert IT Contracts: Increase by 6 positions (EC level 1 support analysts – no EC funded, RACF Admin, Licensure support analyst, finance team project manager, student info/enterprise team systems analyst). $580,537
2. NC WISE: Fund the purchase of a parent portal for NC WISE. Allows parents access to their children’s school data. Improves parent/teacher communications and parent involvement. $1,400,000
3. Oracle License: The State has a contract for Oracle licenses; however, we are required to pay cost for licenses that were not converted to the State contract. These funds were not anticipated in our NC WISE budget -- $1,956,200
4. Plant Operation: Currently supported by receipts from school districts. Engineering services are needed throughout the State. This funding would allow all LEAs to be covered -- $826,164
5. Governor’s School: Additional funding for program ($20 per participant), a 5.5% pay increase for faculty an adding an office assistant -- $170,317
6. Migrate off Legacy Systems: 3rd year of the 3 year plan to upgrade systems -- $2,000,000


(Special thank you to Evelyn for this breakdown)

Tuesday, April 29, 2008

NC Legislative Update-Bi Monthly Summary


The Arc of North Carolina Legislative Update: April 14 – April 25, 2008


Note:
As we get nearer session you, the reader, will have two options to keep up with the happenings downtown. The first is our Friday Wrap Ups and the second is this abridged version called our Bi Monthly Summary. We are looking for a jazzier name so if you have a suggestion send me an email.

Election 2008:
Last session the General Assembly passed Same Day Voter Registration Legislation. During this primary season you can register to vote and vote in all early voting sites across our state. Early Voting sites are now open. These sites will remain open until May 3, 2008.  

Mental Health/Developmental Disabilities/Substance Abuse Legislative Oversight Committee:

Mental Health/Developmental Disabilities/Substance Abuse Joint Legislative Oversight Committee released its legislative proposals on Wednesday.

Governor's Proposal:


The proposal was heavy on mental health policy. It included funding for the State’s share of a 60 bed adult admission unit at Dorothea Dix following the Dix merger. It also included funding for additional staff at the State psychiatric hospitals and proposed that the department retain a consultant to follow up on the staff to patient ratio issue.

In the hot topic issue of Crisis Services the Governor did include a proposal to establish a statewide network of DD START Crisis Teams. A total of 9 were proposed. In addition there would be the procurement of 187 community inpatient beds to assure availability on a 24/7 basis and 24 DD crisis respite beds. The Arc of North Carolina was pleased to see the Governor include people with developmental disabilities in his crisis services proposal.

The most hotly debated proposal coming from the Governor was the proposal to do a voluntary regionalization of Local Management Entities. The proposal is to merge down from the current 25 LMEs to 9 LMEs over three regions.

Oversight Committee's Proposal:


The final legislative proposals for the Joint Legislative Oversight Committee were also heavy on mental health policy.

Housing:
The committee did recognize the importance of the Housing 400 Initiative and its success in moving people with developmental disabilities/mental health/ substance abuse into independent living options in their communities. The committee is proposing to appropriate $10 million to the Housing Trust Fund and $2.5 million to DHHS for recurring operating support for approximately 500 units.

CAP/MD DD Waiver:

The Arc of North Carolina has been participating in a Department lead workgroup around the issue of the tiered waivers. The MH/DD/SA Legislative Oversight Committee included in its draft their proposal for a tiered waiver and the monetary caps of each waiver. The proposal looks like this:

-Tier One – up to $10,000
-Tier Two- between $10,001 and $25,000
-Tier Three – between $25,001 and $75,000
-Tier Four – greater than $75,000

There was NO money appropriated by the members of the Legislative Oversight Committee to create these new tiers.

IOM (Institute of Medicine) Study:

Also included in the proposal is a request to study and report on the transition for persons with developmental disabilities from one life setting to another. This study would include barriers to transition and best practices for successful transitions. Some of the topics would include transition for adolescents leaving school including adolescents in foster care. The study will also look at the growing problem of people with developmental disabilities living in aging homes. Also studied is the transition from developmental centers to other settings.

Proposed Appropriations:

$6 million for FY 2008-2009-support MES in establishing additional regionally-purchased and locally hosted substance abuse programs.

$675 thousand for FY 08-09 to LMEs to contract with outside vendors for technical assistance to meet standards for single-stream funding

$1 million for FY 08-09 to retain an independent consultant to perform a gap analysis of the Mental health, Developmental Disabilities and Substance Abuse system.

$5,274,000 for FY 08-09 in one time funding to be used to support the temporary opening and operations of the Central Regional Wake Unit on the Dix Campus.

Death Reporting appropriations: 
This appropriation address the proposal of more timely and accurate reporting of deaths in hospitals/institutions.
$155, 226 FY 08-09 additional public health nurse positions and other costs associated with increased investigatory requirements.


$30 million for FY 08-09 to expand the Hospital Utilization Pilot

$1,1134 for FY 08-09 to implement three pilot programs of the Transitional Residential Treatment Program

Housing 400 Initiative:
$10 million for FY 08-09 to the Housing Trust Fund
$2,500,000 for FY 08-09 to operating support for 500 units


Education:
Dropout Prevention:

Second hot topic during the interim is the number of students who dropped out of high school in North Carolina this year. (There were 23,000 students who dropped out this year. Of that number 4,050 students had a disability). The Joint Legislative Commission on Dropout Prevention and High School Graduation released its recommendations this week. The recommendations are as follows:

• System of Sharing Information about Dropouts
• Early Intervention Programs
• High School Redesign
• Parental Involvement and Communication Between Schools and Parents
• School Climate and School Safety
• Rigorous Academic Courses and Less Remediation
• Career and Technical Education Courses
• Impact of Raising the Compulsory Attendance Age
• Differences in Risk Factors that Lead to Males and Females Dropping Out
• Dropout Prevention Grants

Public School Funding:

Another issue at the General Assembly, is how to we fund the schools so that our children receive the educational supports they need. The real question here is do all the funding formulas need to be reviewed and possibly changed. Well on Wednesday of this week the Public School Funding Formula Committee presented its proposals.

The short-term recommendations are:
• Low Wealth (technical changes)
• Mentoring (program design)
• Textbooks (growth)
• Transportation of Pupils (fuel reserve, maximum ride times)
• Academically or Intellectual Gifted (funding level, identification)
• At-risk (treatment centers)
• Disadvantaged Student Supplemental Funding (funding level)


Although there was no specific request to change funding for children with special needs, we did receive confirmation that there will be a separate bill during the short session to address the need for increased funding for children receiving services through Exceptional Children programs. Once we have more details we will post on The Arc Policy Blog and include it in a separate update.

Other:
TASER Safety Project:
The Arc of North Carolina is one of the founding partners for the TASER Safety Project. We participated in a press conference regarding the use of TASERs by law enforcement in North Carolina. Our concern is that there is no standard regulation in North Carolina restricting the use of TASERs on people with disabilities. We are also advocating for more comprehensive disability awareness training for law enforcement personnel.

Medicaid CMS Rules:
The Arc of North Carolina sent out an e-alert regarding H.R. 5613 Medicaid Safety Net Act of 2008. This important legislation will put a moratorium on the CMS rules regarding habilitation, school administration and transportation, and targeted case management. These three rules will have a significant affect on people with developmental disabilities. H.R. 5613 passed the House with a veto proof vote. It will now head to the Senate. Out of our Congressional delegation only Virginia Foxx voted against this important legislation.

Federal Budget:
House and Senate negotiators working on the Fiscal Year 2009 Budget Resolution (BR) have made little headway in resolving key differences between their two versions. Most problematic is whether or not to offset the lost revenues when adding another one year “patch” to the Alternative Minimum Tax (AMT). The House is insisting on the offsets while the Senate remains resistant. An approximately $3.5 billion difference in domestic discretionary spending also remains unresolved. As in recent election years, the Congress may give up on passing the FY 2009 BR, instead approving a “deeming” bill that sets a cap on spending for the next fiscal year. Once passed, the “deeming” bill allows House and Senate appropriators to begin working on the twelve FY 2009 appropriations bills. There is little expectation that all twelve appropriations will be sent to the President given the recent history of President Bush vetoing any appropriations bills that increase spending beyond the levels he wants. FY 2009 spending for disability programs hang in the balance as the larger political struggles around revenues and spending unfold.




Monday, April 28, 2008

Monday Quick Hits: Hot Policy Topics for This Week

NORTH CAROLINA:

Election 2008:

Early Voting/Same Day Registration Sites are open across our state. Please take advantage of this option and vote.

Tuesday, April 29, 208

10 a.m. The Joint Legislative Commission on Dropout Prevention and High School Graduation meets, 544 LOB.
During the last meeting this commission proposed a series of legislative actions for the short session. We are expecting there to be more discussion regarding these proposals during this meeting.

12:30 p.m The House Select Committee on Rising Home Foreclosures meets, 643 LOB.
Last week the media reported on an 18% increase in Home Foreclosures in North Carolina. A significant increase in home foreclosures equates to a decrease in revenue collection. In a tight budget season this committee will have important measures to consider to slow down the foreclosure situation and stimulate the housing market.

1 p.m. The Joint Appropriations Education Subcommittee meets, 421 LOB.
This committee will be meeting to review the budget items for the short session. There have already been funding requests from the Public School Funding Committee. I would expect to see these discussed at some point in this committee.

Wednesday, April 30, 2008

10 a.m. The Joint Select Committee on Emergency Preparedness and Disaster Management Recovery meets, 643 LOB.
No agenda at this time.

2 p.m. The Autism Subcommittee on Alternative Means of Testimony meets, 1228 LB.
This is one of the legislative proposals being considered by the committee. It would permit a person with a cognitive disability to give testimony outside of the court room utilizing technology such as remote TV.

Thursday, May 1, 2008


10 a.m. The Joint Study Committee on Autism, Spectrum Disorder, Law Enforcement, Public Safety and First Responders meets, 643 LOB.
This committee will be finalizing its proposals for the short session. In previous posts we reported these findings. Please go to this link to read about them again. Legislative Proposal for Autism Study Committee.

1 p.m. The 21st Century Transportation Committee meets, 643 LOB.
Will it be a bond referendum or an end to the Highway Trust Fund transfer to the General Fund. Will there be more funding for DOT projects? This committee has already put a lot of recommendations on the table. This meeting will find the members possibly narrowing down their options.

FEDERAL:





FY 2009 Budget Resolution

House and Senate leaders continue working in an attempt to create a compromise FY 2009 Budget Resolution that would garner sufficient votes for passage. Various factions in each party are insisting on provisions, such as PAYGO for any spending increase or tax increase, that make it practically impossible to attain the necessary votes for passage.

Genetic Discrimination

The Genetic Information Nondiscrimination Act of 2007 (GINA, H.R. 493) is slated for a revote in the House due to modest Senate revisions. GINA has received strong bipartisan support in the House in the past. House Majority Leader Steny Hoyer (D-MD) said the bill would get a vote this week, and champions of the bill say they’ve received assurances by the White House of the President’s signature.

Medicaid

The Senate may vote on the Protecting the Medicaid Safety Net Act of 2008 (H.R. 5613). Despite the strong vote in the House, there is considerable Republican opposition to the legislation in the Senate. Finance Committee Ranking Member Charles Grassley (R-IA) has stated that the Medicaid regulations should be implemented. Senate Minority Leader Mitch McConnell (R-KY) has also voiced strong opposition to the moratoria bill.

(Special thanks to DPC for the Federal Update)

Announcement: The Arc of North Carolina Has A Facebook Page

The Arc of North Carolina now has a Facebook Page. We are excited about exploring this new advocacy tool. We invite you to sign up at Facebook and check us out.

The Arc of North Carolina Facebook Page.

Friday, April 25, 2008

The Arc of the United States Announces New Executive Director

The Arc of the United States has announced the appointment of Peter Berns as Executive Director of The Arc of the United States. Peter Berns has recently served as Executive Director of the Maryland Association of Nonprofit Organizations and Chief Executive Officer of the Standards for Excellence Institute, Peter brings the highest level of leadership and excellence in organizational development to this position.

In a letter to chapter leaders Mary V Jordan wrote, that after an extensive national search, we are excited to have selected Peter to lead The Arc into a new era of growth and development. Peter brings over 20 years of nonprofit management experience, governmental relations, advocacy and academia to this assignment. As a public policy advocate, he was instrumental in reforming state and federal Medicaid regulations improving life for persons with disabilities and their families. Indeed, Peter’s personal commitment to breaking down social barriers is unassailable.

Thursday, April 24, 2008

Election 2008: Presidential Primary Excitement Comes to NC

The North Carolina Primary is the topic of political pundits and bloggers around the nation. Is it North Carolina that decides the Democratic Presidential candidate or will it be Indiana.

But why wait until May 6th to get into the primary spirit! You can vote right now! North Carolina Early Voting sites are now open.
Here is some quick tips-first North Carolina is a semi-open primary. If you are a registered independent/undecided you can participate in our State's primary.

Second-you can still register to vote. North Carolina now offers Same Day Voter Registration at early voting sites. Here is the information you need to take advantage of this new opportunity.

Early Voting for NC Primary Starts Today
Today is the first day of Early Voting for the North Carolina Primary.

One-Stop Registration and Voting
Starts April 17 - Ends May 3

One Stop Voting:
To use this process, a citizen must (1) go to a One-Stop Voting Site in the county of residence during the One Stop Absentee Voting period, (2) fill out a voter registration application, and (3) provide proof of residency by showing the elections official an appropriate form of identification with the citizen’s current name and current address. The new registrant may vote ONLY at a One-Stop Absentee Voting Site in the county of registration during One-Stop Absentee Voting period and not on Election Day.)April 17 One-Stop Voting Begins – Early voting locations have been announced – for complete details visit the State Board of Elections website.

Wednesday, April 23, 2008

Update: Blueprint Event Bloggers Talk Blogging

The Arc of North Carolina Policy Blog, and its blogger, went on the road to participate in a blogging workshop today.  Other bloggers sharing their work and their thoughts were Chris Fitzsimon-NC Policy Watch, James Protzman-Blue NC, Mindy Hiteshue -NC Conservation Network, and Pam Saulding-Pam's Blend.

The focus of this workshop was to discuss what we do with our blogs, why we blog and how to get involved with blogging.

Thanks for inviting us to share in this workshop. It rocked!




Update: HR 5613 NC Congressional Vote

A big thank you to everyone who called your Congressional Representative and asked them to support HR 5613 Medicaid Safety Net Act of 2008.  Your calls made a difference.

This important legislation passed the House and is heading to the Senate.  We encourage Senator Elizabeth Dole and Senator Richard Burr to also support this legislation.  

So how did your Representative vote?  Here is the break down.
12 Yeas and 1 No.

Yeas: Representative Butterfield, Coble, Hayes, Jones, Mc Henry, McIntyre, Miller, Myrick, Price, Shuler, and Watt.

No: Representative Foxx.


 

Breaking News: H.R. 5613 Passes the House of Representatives

Just in from the Hill.  H.R. 5613 Medicaid Safety Net Act of 2008 has passed the House with a veto proof vote.  Here is the vote count: 349 Yeas and 62 Noes.  

We will break down the North Carolina delegation vote when it is posted.


The Arc of North Carolina Policy Blog Is On the Road Again

The Arc of North Carolina Policy Blog is on the road again today.  We are in Durham this afternoon participating in a blogging forum hosted by Blueprint NC.

We will have updates after the event.  

Julia's Musings: Update HR 5613 Protecting the Medicaid Safety Net Act of 2008

Yesterday, the House of Representatives took up this important legislation. Under suspension of the rules Representative Dingell moved to pass the bill as amended. There was a forty minute debate regarding this legislation. After the debate there was a call for Yeas and Nays. However, the Chair announced that all further proceeding would be postponed.

Background on the legislation:

• H.R. 5613 Protecting the Medicaid Safety Net Act of 2008
o One year moratorium on Medicaid regulations
o Moratorium includes case management, rebhab option, school based administration/transportation rules
o “Pay-As-You-Go”, Congress must find funding to pay for Medicaid Safety Act of 2008, CBO estimates cost at $1.65 billion FY 2008-09.
• Bill Sponsor: Representative John Dingell
• NC Co-Sponsors: Representatives David Price, G.K. Butterfield and Brad Miller.


The Arc of North Carolina Policy Blog has been closely following the actions of  CMS in proposing and enacting these rule changes. We believe that many of the rules go beyond the intent of the Deficit Reduction Act. These rules will have a serious affect on people with developmental disabilities and mental illness. Our most vulnerable citizens, the poor and indigent will also be affected by the proposed rule changes in Medicaid.

These rules will also affect health care service workers. According to a new study by Families USA the proposed rule changes will eliminate 11,7000 jobs and cost the state $412.1 million in wages.

In federal matching Medicaid funds North Carolina will lose $2.7 billion over the next five years. This will shift the cost of these important services back to the State.

The proposed rules will drastically cut Medicaid funding for case management services that provide adults and children with long term supports, social, medical, educational and other services including serious reductions in services provided by our teaching hospitals.

Our State is currently struggling to stabelize our Mental Health, Developmental Disability, Substance Abuse service system.  These changes will undermine those efforts.

According to the House of Representatives study we have this break down of how many services will be affected in North Carolina: 

• Cost to North Carolina if moratorium fails

o Public Providers (CMS 2258-FC)
• Loss of federal funds in 2008 $430.6 million
• Over five years: $2,187 million
• Loss of funding affects State hospital care for Medicaid and indigent recipients

o Graduate Medical Education (CMS 2279-P)
• Loss of federal funds in 2008 $84 million
• Over five years $420 million
• Teaching hospital funding would be in jeopardy
• Service to Medicaid recipients would be affected


o Provider Taxes (CMS 2275-P)
• Loss of federal funds in 2008: Not Specified
• Over five years: Not Specified
• Reduction or elimination of assessments impedes access to care by Medicaid recipients in nursing facilities and intermediate care facilities for MR clients.

o Coverage of Rehabilitative Services (CMS 2261-P)
• Loss of federal funds 2008: Not Specified
• Over five years: Not Specified
• “Unable to adequately project fiscal impact due to interpretation of how this regulation would be applied, anticipate negative impact”

o Payments for School Administrative/Transportation Services (CMS 2287-P)
• Loss of federal funds in 2008: Not Specified
• Over five years: $56 million
• “North Carolina Public Schools utilize funds from School Based Administrative claiming to ensure vital services and equipment for students with disabilities”


o Targeted Case Management (CMS 2237-IFC)
• Loss of federal funds in 2008: Not Specified
• Over 5 years: Not specified
• Providers will only be paid for transitional case management services when the person successfully transitions into the community. This rule can be a financial hardship on service providers who do not have a financial capacity to wait for a reimbursement. Sometimes a transition is not successful for various reasons such as the availability of appropriate support services. In this case if the persons transition is not successful the provider will not receive reimbursement, again creating a financial hardship for the provider.

o Rehabilitative Services Option
• Over five years $2.3 billion
• Rule change will eliminate day habilitation programs and other Habilitation through the option
• Serve people with developmental and cognitive disabilities
• Option provides developmental skills training, behavior development, communication development, sensorimotor development
• Rehab Option/School Based Admin/Transportation are under moratorium until June 30, 2008.


It's not to late to take action to stop these rules from going into effect.  Here is how to get involved this morning:


Call Your Congressional Representative Today



Tell Them to Support H.R. 5613, Protecting the Medicaid Safety Net Act of 2008
Contact your Representative today and urge them to support this important legislation. This legislation is expected to be on the House floor either tomorrow April 22 or Wednesday April 23. The time to act is now.

North Carolina Connection
Representative David Price, Representative G.K. Butterfield and Representative Brad Miller are both co sponsors of H.R. 5613 Protecting the Medicaid Safety Net Act of 2008. We thank them for their leadership.

Background
This legislation will postpone Center for Medicare and Medicaid Rules that negatively affect people with developmental and cognitive disabilities. H.R. 5613 will postpone enactment of these rules until April 2009.

Tell Them
These harmful Medicaid regulations include a rehabilitation option, school-based administration/transportation and targeted case management regulations.

These regulations will severely affect North Carolinians with developmental disabilities.

Many of these rules go beyond the intent of the Deficit Reduction Act.

These regulations will hurt the state of North Carolina financially.

North Carolina will lose $2.7 billion over the next five years in Medicaid reimbursements.

Contact Your Representative Today



Read More: 
Chris Fitzsimon-NC Policy Watch-Highlighted this issue yesterday in his daily Fitzsimon File.
Playing politics with Medicaid

Tuesday, April 22, 2008

Notice: MH/DD/SA Joint Legislative Oversight Committee Agenda

The Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities and Substance Abuse Services will meet tomorrow at 10:00am in room 643 LOB. This committee will be hearing final comments on their draft recommendations and they will be receiving more information from the Department and the Governor. Here is the agenda:


JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON
MENTAL HEALTH, DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE SERVICES
AGENDA


April 23, 2008
10:00 a.m. – 1:00 p.m.
Room 643, LOB

Senator Martin Nesbitt, Co-Chair, Presiding

Greetings and Introductions 10:00 – 10:15
Representative Verla Insko, Co-Chair
Senator Martin Nesbitt, Co-Chair

Public Comment 10:15 – 10:45

MH/DD/SA System Indicators 10:45 – 11:00
Andrea Poole & Denise Harb, Fiscal Analysts
Fiscal Research Division

Department Recommendations 11:00 – 11:30
Secretary Dempsey Benton, DHHS

LOC Report for Final Adoption 11:30 – 1:00
LOC Staff
LOC Members

Adjourn 1

Pennsylvania Primary: It's Here!!!

After a long break between primary days, it's back!  Today the Democratic candidates for President face off in Pennsylvania.  We will bring you the results late this evening.

Quick reminder, our State Primary is May 6th.  But...if you want to beat the rush and vote now you can! All Early Voting/Same Day Registration Sites are open now.

If you are not registered to vote yet, you can go to these early voting sites register to to vote and vote.

Remember our State's primary is semi-open.  If you are a registered independent or unaffiliated you can participate in the primary. When you arrive at the polling place you declare which party primary you would like to participate in.

So....Get Out and Vote!

Monday, April 21, 2008

Action Alert: Call Your Congressional Representative Today HR 5613

Call Your Congressional Representative Today

Tell Them to Support H.R. 5613, Protecting the Medicaid Safety Net Act of 2008
Contact your Representative today and urge them to support this important legislation. This legislation is expected to be on the House floor either tomorrow April 22 or Wednesday April 23. The time to act is now.

North Carolina Connection

Representative David Price, Representative G.K. Butterfield and Representative Brad Miller are both co sponsors of H.R. 5613 Protecting the Medicaid Safety Net Act of 2008. We thank them for their leadership.

Background
This legislation will postpone Center for Medicare and Medicaid Rules that negatively affect people with developmental and cognitive disabilities. H.R. 5613 will postpone enactment of these rules until April 2009.

Tell Them
These harmful Medicaid regulations include a rehabilitation option, school-based administration/transportation and targeted case management regulations. 

These regulations will severely affect North Carolinians with developmental disabilities.

Many of these rules go beyond the intent of the Deficit Reduction Act.

These regulations will hurt the state of North Carolina financially.

North Carolina will lose $2.7 billion over the next five years in Medicaid reimbursements.

Contact Your Representative Today



Monday Quick HIts: Hot Policy Topics for This Week


NORTH CAROLINA:


REMINDER: Early Voting Sites across the state are now open. This year you can register to vote and vote at these Early Voting/Same Day Registration Sites.
Monday, April 21, 2008
10 a.m The North Carolina Child Fatality Task Force meets, 1228/1327 LB.


Tuesday, April 22, 2008

10 a.m The House Appropriations Subcommittee on Education meets jointly with the Senate Appropriations Subcommittee on Education/Higher Education, 421 LOB.
1 p.m. The House Appropriations Subcommittee on Education meets jointly with the Senate Appropriations Subcommittee on Education/Higher Education, 421 LOB.

This committee has been reviewing funding for items in last years budget. Under a zero budget process each program designated for review will be looked at and then a determination will be made as to if they will be eligible for funding in the next budget cycle. Some may have funding reduced, others increased and some not renewed. The first of these meetings addressed School of Nursing Grants. With a shortage of medical professionals it is probably a good guess to say that this program will receive funding again. An agenda was not available at this time.

Wednesday, April 23, 2008

10 a.m. The Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities and Substance Abuse meets, 643 LOB.

During last weeks meeting the members received the first proposal from the Governor. The committee also received report from Leza Wainwright regarding the Mercer Report. The last part of the meeting was a presentation on the committee findings and proposals for legislative action in the short session. The Joint Legislative Oversight Committee will be reviewing and voting on their proposals during this meeting. There will also be additional presentations by the Department and Secretary Benton. When a detailed agenda becomes available we will post it.

10 a.m. The Joint Legislative Transportation Oversight Committee meets, 1228 LB.

During the last committee meeting members received an update from the NCDOT on its Transformation plan. They also were presented with transit plans from Charlotte and Raleigh. This is one of two transportation committees that have been meeting during the interim. This specific committee has been hearing a lot from the NCDOT. No agenda was available at this time. With all committees beginning to wrap up their work before session starts, we will probably see some proposals presented at this meeting.

Thursday, April 24, 2008

10 a.m. The 21st Century Transportation Intergovernmental Subcommittee meets, 415 LOB.

10 a.m. The 21st Century Transportation Prioritization and Efficiency Subcommittee meets, 1228 LB.

10:30 a.m. The 21st Century Transportation Finance Subcommittee meets, 414 LOB.

1 p.m. The 21st Century Transportation Committee meets, 643 LOB.

The 21st Century Transportation Committee has been meeting to work on state infrastructure needs and how to fund these needs. There have been proposals put forth that include a bond referendum, a three year graduated end to the transfer of money from the Highway Trust Fund to the General Fund, and an option for urban areas to propose a ½ cent sales tax to raise transportation funds. This committee will most likely be continuing the presentation of proposals by the subcommittees. All public presentations to this committee are over. The last one was by NCTRAM of which The Arc of North Carolina is a founding member.

FEDERAL:


FY 2009 Budget and Appropriations


House and Senate negotiators working on the Fiscal Year 2009 Budget Resolution (BR) have made little headway in resolving key differences between their two versions. Most problematic is whether or not to offset the lost revenues when adding another one year “patch” to the Alternative Minimum Tax (AMT). The House is insisting on the offsets while the Senate remains resistant. An approximately $3.5 billion difference in domestic discretionary spending also remains unresolved. As in recent election years, the Congress may give up on passing the FY 2009 BR, instead approving a “deeming” bill that sets a cap on spending for the next fiscal year. Once passed, the “deeming” bill allows House and Senate appropriators to begin working on the twelve FY 2009 appropriations bills. There is little expectation that all twelve appropriations will be sent to the President given the recent history of President Bush vetoing any appropriations bills that increase spending beyond the levels he wants. FY 2009 spending for disability programs hang in the balance as the larger political struggles around revenues and spending unfold.

War Supplemental/Economic Stimulus

The Congress is also strategizing over how to deal with emergency war funding. One possible option is to increase war funding into 2010 in order to avoid further battles with the Administration. Such conflicts seem inevitable, however, since both Houses are expecting to add a second economic stimulus package to the war supplemental. President Bush has signaled his intent to veto the bill if it contains non defense spending.

Medicaid

On Tuesday, the House of Representatives will vote, under suspension of the rules, on the Protecting the Medicaid Safety Net Act of 2008 (H.R. 5613).

ADA Restoration

The ADA Restoration Act (ADARA) remains the topic of much conversation on the Hill. Although ADARA has 244 co-sponsors in the House (H.R. 3195), many Republicans and conservative Democrats want the business community’s buy-in before they move the bill forward. Thoughtful dialogue between the disability and business communities has taken place over the last several weeks. These efforts are expected to come to a head soon, possibly this week.


Transportation

The Senate Commerce, Science and Transportation Committee will mark up H.R. 3985, the Over-the-Road Bus Transportation Accessibility Act of 2007 on Thursday. The legislation gives the Department of Transportation additional tools to require over-the-road buses to be accessible to people with disabilities.  

(Federal Information Provided by The Arc of US and DPC)

Friday, April 18, 2008

NC Legislative Update: Friday Wrap Up

This has been another busy week at the General Assembly. As the calendar ticks down to the start of the short session, it is becoming more evident that the interim committees are finalizing their legislative proposals and budget requests.

Let’s start with a committee whose work is making headlines across North Carolina this morning.

Mental Health/Developmental Disabilities/Substance Abuse:

Mental Health/Developmental Disabilities/Substance Abuse Joint Legislative Oversight Committee released its draft proposals on Thursday. These proposals followed a presentation by Secretary Dempsey Benton who presented Governor Easley’s proposals.

Governor's Proposal:

The proposal was heavy on mental health policy. It included funding for the State’s share of a 60 bed adult admission unit at Dorothea Dix following the Dix merger. It also included funding for additional staff at the State psychiatric hospitals and proposed that the department retain a consultant to follow up on the staff to patient ratio issue.

In the hot topic issue of Crisis Services the Governor did include a proposal to establish a statewide network of DD START Crisis Teams. A total of 9 were proposed. In addition there would be the procurement of 187 community inpatient beds to assure availability on a 24/7 basis and 24 DD crisis respite beds. The Arc of North Carolina was pleased to see the Governor include people with developmental disabilities in his crisis services proposal.  

The most hotly debated proposal coming from the Governor was the proposal to do a voluntary regionalization of Local Management Entities. The proposal is to merge down from the current 25 LMEs to 9 LMEs over three regions. This was the most aggressive of all the proposals. The consolidation of LMEs will be regionalized around Cherry, Central and Broughton hospitals. The consolidation would occur over a three year period. Many of the committee members expressed concern over the aggressiveness of this proposal considering that the short session is only expected to last eight weeks. There was also concern voiced regarding how this consolidation would affect an already fragile system.

Oversight Committee's Proposal:

The draft proposals for the Joint Legislative Oversight Committee were also heavy on mental health policy.


Housing:
The committee did recognize the importance of the Housing 400 Initiative and its success in moving people with developmental disabilities/mental health/ substance abuse into independent living options in their communities. The committee is proposing to appropriate $10 million to the Housing Trust Fund and $2.5 million to DHHS for recurring operating support for approximately 500 units.

CAP/MD DD Waiver:
The Arc of North Carolina has been participating in a Department lead workgroup around the issue of the tiered waivers. The MH/DD/SA Legislative Oversight Committee included in its draft their proposal for a tiered waiver and the monetary caps of each waiver. The proposal looks like this:

-Tier One – up to $10,000
-Tier Two- between $10,001 and $25,000
-Tier Three – between $25,001 and $75,000
-Tier Four – greater than $75,000

Senator Martin Nesbitt did ask a question of staff regarding the structure of the waivers and the monetary caps. He expressed that the numbers were not set yet and requested the Departments input. Leza Wainwright stated that she would take the proposal back to the workgroup and the Department. The next MH/DD/SA meeting is scheduled for next Thursday. We expect a report back on these numbers based on what the workgroup of stakeholders, providers, advocacy organizations and the Department have created.

IOM (Institute of Medicine) Study
Also included in the proposal is a request to study and report on the transition for persons with developmental disabilities from one life setting to another. This study would include barriers to transition and best practices for successful transitions. Some of the topics would include transition for adolescents leaving school including adolescents in foster care. The study will also look at the growing problem of people with developmental disabilities living in aging homes. Also studied is the transition from developmental centers to other settings.

The other big discussion topic during this meeting was single stream funding. It is clear that the expansion of single stream funding to more LMEs is important to this committee.
No vote was taken on the proposal. The vote and further discussion will occur at the next Oversight Committee meeting on Wednesday, April 23, 2008.

Dropout Prevention:

Second hot topic during the interim is the number of students who dropped out of high school in North Carolina this year. (There were 23,000 students who dropped out this year. Of that number 4,050 students had a disability). The Joint Legislative Commission on Dropout Prevention and High School Graduation released its recommendations this week.
The committee put forth 10 recommendations. The recommendations are as follows:

System of Sharing Information about Dropouts
-This recommendation will require legislation directing the State Board of Education and the State Board of Community Colleges to cooperatively develop a system for sharing information about students who have dropped out of the public school system prior to graduation.

Early Intervention Programs
-This recommendation comes with a request to the General Assembly to fund More-at-Four and Smart Start early intervention programs for at risk students and to expand these programs when more funding becomes available.

High School Redesign
-Committee urged that consideration be given to Ninth Grade Academies, smaller school settings, themed academies, and flexible school schedules.

Parental Involvement and Communication Between Schools and Parents
-This recommendation also came with draft legislation. The committee recommends that the General Assembly appropriate funds for a drop out prevention coordinator in each high school that failed to attain a 65% 4-year cohort graduation rate for the 2006-2007 school year.

School Climate and School Safety
-Committee members addressed in this recommendation the need to create a safe school environment. Encourages the enforcement of local board policies and procedures to prevent acts of harassment, bullying or discrimination. The committee stopped short of supporting House Bill 1366: School Violence Prevention Act.

Rigorous Academic Courses and Less Remediation

-The recommended that schools to offer accelerated instruction and support for students identified as not being prepared for coursework at the next grade level.

Career and Technical Education Courses

-Commission encourages schools to offer high-quality CTE courses in high-demand, high-skill, and high-wage fields.

Impact of Raising the Compulsory Attendance Age
-The Commission encourages that the UNC Board of Governors study raising the compulsory attendance age from sixteen to seventeen or eighteen. To be included in the study would be a determination of the fiscal impact.

Differences in Risk Factors that Lead to Males and Females Dropping Out
-The Commission encourages the UNC Board of Governors to conduct research to determine if there are gender-based differences in the factors that cause females and males to drop out.

Dropout Prevention Grants
-At the start of the interim committee, there was a presentation regarding the sixty programs that received grants to target dropout prevention. This last recommendation comes with three different draft legislation proposals.The first address the lack of technical assistance to aid in the implementation of dropout prevention programs that were funded. The second recommends that the Performance Evaluation Division of the General Assembly develop a plan to evaluate the effectiveness of the first sixty grants awarded. The third recommendation recommends that the Joint Legislative Commission on Dropout Prevention and High School Graduation continue to monitor both existing and future grants.

Public School Funding:

Another issue at the General Assembly, is how to we fund the schools so that our children receive the educational supports they need. The real question here is do all the funding formulas need to be reviewed and possibly changed. Well on Wednesday of this week the Public School Funding Formula Committee presented its proposals.

The short-term recommendations are:
• Low Wealth (technical changes)
• Mentoring (program design)
• Textbooks (growth)
• Transportation of Pupils (fuel reserve, maximum ridetimes)
• Academically or Intellectual Gifted (funding level, identification)
• At-risk (treatment centers)
• Disadvantaged Student Supplemental Funding (funding level)

All of these proposals were voted on an approved by the committee. We will have more information and a breakdown of these proposals next week.

Early Voting for North Carolina Primary

Early Voting in North Carolina

The North Carolina Early Voting began Thursday, April 17th. There is a change this year in our early voting sites. This primary you can register to vote and vote on the same day at all early voting sites across the state.
You will need the following documents in order to register to vote at these early voting sites:
The process is sometimes referred to as “In-Person Registration,” but it is important to recognize that it not permitted on Election Day itself.

To use this process, a citizen must (1) go to a One-Stop Voting Site in the county of residence during the One Stop Absentee Voting period, (2) fill out a voter registration application, and (3) provide proof of residency by showing the elections official an appropriate form of identification with the citizen’s current name and current address. The new registrant may vote ONLY at a One-Stop Absentee Voting Site in the county of registration during One-Stop Absentee Voting period and not on Election Day.

Acceptable forms of identification include:
A North Carolina driver’s license with current address
A utility bill with name and current address
A telephone or mobile phone bill
An electric or gas bill
A cable television bill
A water or sewage bill

A document with name and current address from a local, state, or U.S. government agency, such as:
A passport
A government-issued photo ID
U.S. military ID
A license to hunt, fish, own a gun, etc.
A property or other tax bill
Automotive or vehicle registration

Certified documentation of naturalization
A public housing or Social Service Agency document
A check, invoice, or letter from a government agency
A birth certificate
A student photo ID along with a document from the school showing the
student’s name and current address
A paycheck or paycheck stub from an employer or a W-2 statement
A bank statement or bank-issued credit card statement

If you cannot supply an acceptable form of identification for Proof-of-Residence, your registration application cannot be fully processed until the required information is provided.

Registered voters may also update their address and change vital information in an existing registration record at the One-Stop Site, but they are not allowed to change their party affiliation during the One-Stop Voting period that precedes a partisan primary.

Early voting sites:

Announcement: Project ACTION Call for Applicants

Project ACTION in Action Helping Schools Meet the Transportation Needs of Students with Disabilities.
Easter Seals Project ACTION (ESPA) has posted a Request for Proposal (RFP) announcement for, “Project ACTION in Action Helping Schools Meet the Transportation Needs of Students with Disabilities.”

ESPA seeks school districts that will bring together a team of district employees and other community members to discuss problems and propose solutions for transportation services for students with disabilities. Applicants are expected to describe project plans that can realistically be accomplished within the contract term of June 1, 2008 to August 15, 2008. The deadline for submission is May 15, 2008. Further information can be found at www.projectaction.org on our request for proposals page.

If you have questions about this project, feel free to contact Ken Thompson, Technical Assistance Contract Specialist, Easter Seals Project ACTION, Tel: 202-347-3066.
Easter Seals Project ACTION

(Information Provided by National Disability Rights)

Thursday, April 17, 2008

Early Voting for NC Primary Starts Today

Today is the first day of Early Voting for the North Carolina Primary.  

One-Stop Registration and Voting
Starts April 17 - Ends May 3

One Stop Voting:
To use this process, a citizen must (1) go to a One-Stop Voting Site in the county of residence during the One Stop Absentee Voting period, (2) fill out a voter registration application, and (3) provide proof of residency by showing the elections official an appropriate form of identification with the citizen’s current name and current address. The new registrant may vote ONLY at a One-Stop Absentee Voting Site in the county of registration during One-Stop Absentee Voting period and not on Election Day.)April 17 One-Stop Voting Begins – Early voting locations have been announced – for complete details see http://www.wakegov.%20com/elections/%20primaryonestops.%20htm

Mental Health/Developmental Disabilities/Substance Abuse Legislative Oversight Meeting Today

Please note that this meeting will NOT be held in room 643 of the Legislative Office Building.  If you are listening on line or if you plan to attend the Legislative Oversight Committee WILL be meeting in room 544 of the Legislative Office Building.

Here is the agenda:

Greetings and Introductions 9:00 – 9:15
Representative Verla Insko, Co-Chair Senator Martin Nesbitt, Co-Chair

LME Presentations 9:15 – 9:45
Mike Watson, CEO, Sandhills Center for MH/DD/SAS Roy Wilson, CEO, East Carolina Behavioral Health

Recommendations from Outside Groups 9:45 – 11:30

The Workforce Development Initiative 9:45 – 10:30
Steve Harrison, Chief of Operations Support, Division of MH-DD-SAS
Dr. Marvin Swartz, Commission of MH-DD-SAS
John Morris, Annapolis Coalition on the Behavioral Health Workforce
Amy Hewitt, University of Minnesota, Institute on Community Integration

Substance Abuse Task Force 10:30 – 11:00
Pam Silberman, JD, DrPH President / CEO, North Carolina Institute of Medicine

Mercer Report 11:00 – 11:30
Leza Wainwright, Co-Director, Division of MH-DD-SAS

Department Recommendations 11:30 – 12:00
Secretary Dempsey Benton, DHHS

Lunch 12:00 – 1:00

Presentation and Discussion of Draft Recommendations 1:00 – 3:00
LOC Staff

Public Comment 3:00 – 4:00

Adjourn 4:00

Tuesday, April 15, 2008

Tuesday Quick HIts: Hot Policy Topics for This Week

North Carolina:

Monday, April 14, 2008


10 a.m. The Joint Appropriations Health and Human Services Subcommittee, 643 LOB

This will be the second of three committee meetings planned before the start of short session. The committee members will hear full reports on North Carolina Health Choice, which is our states SCHIP program. The will also hear a report on NC Kid’s Care. This program was passed in the 2007 Long Session and would offer an affordable buy in insurance program for families starting at 300% FPL (Federal Poverty Level). Both of these programs are being heavily affected by the lack of a federal reauthorization of SCHIP. The Bush Administration has twice vetoed reauthorization legislation.

Tuesday, April 15, 2008

8:30 a.m. The House Appropriations Subcommittee on Education meets jointly with the Senate Appropriations Subcommittee on Education/Higher Education, 421 LOB.

This committee has been meeting to review specific programs that are currently receiving funding. During the last meeting this committee received reports on the School Nursing Program at UNC. (Review this based on agenda)

10 a.m. The Joint Legislative Commission on Dropout Prevention and High School Graduation, 643 LOB.

The numbers of students dropping out of school in North Carolina has been a hot topic lately. 23,000 students dropped out of high school last year. Of those students, 4,050 students with disabilities dropped out. There have been sixty grants that have been given out to schools to create programs that keep teens in school. The committee members have been hearing reports and personal stories from at risk students. As we start to prep for short session this committee will be brining forth its proposals

1 p.m. The Joint Legislative Commission on Governmental Operations Education/Health and Human Services Subcommittee, 421 LOB.
No agenda available at this time.


Wednesday, April 16, 2008


9 a.m. The Joint Legislative Commission on Governmental Operations, 643 LOB.

10 a.m. The Joint Select Committee on Information Technology, 544 LOB.

2:30 p.m. The Joint Legislative Study Committee on Public School Funding Formulas, 421 LOB.

Thursday, April 17, 2008



8:30 a.m. The Joint Appropriations Subcommittee on General Government, 1425 LB.

10 a.m. The Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities and Substance Abuse meets, 544 LOB.

This committee will continue to discuss it’s recommendations to the General Assembly. During the last MH/DD/SA LOC meeting there was hardly any discussion regarding the needs of families and people with developmental disabilities. The draft proposal has been worked on since then and we will see what the Department, Secretary and staff recommend regarding the needs of the developmental disability program. Two big policy issues we will be looking for are funding for START Model and funding for the new tiered CAP waivers.

Here is the updated agenda.
Greetings and Introductions 9:00 – 9:15
Representative Verla Insko, Co-Chair Senator Martin Nesbitt, Co-Chair

LME Presentations 9:15 – 9:45
Mike Watson, CEO, Sandhills Center for MH/DD/SAS Roy Wilson, CEO, East Carolina Behavioral Health

Recommendations from Outside Groups 9:45 – 11:30

The Workforce Development Initiative 9:45 – 10:30
Steve Harrison, Chief of Operations Support, Division of MH-DD-SAS
Dr. Marvin Swartz, Commission of MH-DD-SAS
John Morris, Annapolis Coalition on the Behavioral Health Workforce
Amy Hewitt, University of Minnesota, Institute on Community Integration

Substance Abuse Task Force 10:30 – 11:00
Pam Silberman, JD, DrPH President / CEO, North Carolina Institute of Medicine

Mercer Report 11:00 – 11:30
Leza Wainwright, Co-Director, Division of MH-DD-SAS

Department Recommendations 11:30 – 12:00
Secretary Dempsey Benton, DHHS

Lunch 12:00 – 1:00

Presentation and Discussion of Draft Recommendations 1:00 – 3:00
LOC Staff

Public Comment 3:00 – 4:00

Adjourn 4:00

Federal:

Health Care

On Tuesday, the House Ways and Means Committee’s Subcommittee on Health, chaired by Rep. Fortney (“Pete”) Stark (D-CA), will hold a hearing on “Instability of Health Coverage.”

Medicaid

On Wednesday, the full House Energy and Commerce Committee chaired by Rep. John Dingell (D-MI), is scheduled to mark up the Protecting the Medicaid Safety Net Act of 2008 (H.R. 5613).

Employment


On Tuesday, the House Workforce, Postal Service, and the District of Columbia Subcommittee, chaired by Rep. Danny Davis (D-IL) of the House Oversight and Government Reform Committee, will mark up H.R. 3799, the Federal Employees Paid Parental Leave Act. H.R. 3799 would provide 8 weeks of paid leave for the birth, adoption, or placement of a child.


Friday, April 11, 2008

US House Passes Traumatic Brain Injury Legislation

KENNEDY, HATCH COMMEND HOUSE PASSAGE OF TRAUMATIC BRAIN INJURY LEGISLATION

WASHINGTON, DC – Senators Edward M. Kennedy and Orrin Hatch released the following statement today commending the House of Representatives for passing the Traumatic Brain Injury Act Reauthorization. The bill is very similar to the measure passed by the Senate in December, and the Senate is expected to take up the House Bill very soon and send it to the President for his signature.

“Today, we’re a giant step closer to giving our nation’s military, veterans, children, and other citizens with traumatic brain injuries the best rehabilitation services we can provide. Over 5 million Americans are now living with permanent disabilities because of these injuries, and 1.5 million more suffer and survive such injuries every year. Modern medicine is now providing real hope for rehabilitation, and our goal in this legislation is to make it widely available to this vulnerable population. They deserve no less,” said Senators Kennedy and Hatch.

The legislation will extend and improve funding for a range of traumatic brain injury rehabilitation programs, such as assistance in returning to work, finding a place to live, and obtaining needed support and appropriate rehabilitation services. It also funds an important CDC program to prevent such injuries.

The bill will be of major assistance to soldiers with such injuries from combat, and to children, who tend to have a higher incidence of the injuries.

Statement of Senator Edward M. Kennedy on Passage of the “The Traumatic Brain Injury Act of 2008”
Thursday, April 10, 2008


Today, Congress took a major step toward making a remarkable difference in the lives of some of our nation’s most deserving citizens: our soldiers and our children with brain injuries.
I commend our colleagues Congressmen Pascrell and Platts, as well as my friend and co-sponsor in the Senate, Senator Hatch, on all they’ve done to achieve passage of this legislation. It’s an important and timely bill that helps an especially deserving group of people.
Traumatic brain injuries have become the signature wound of the war in Iraq. Up to two-thirds of our wounded soldiers may have suffered such injuries.
In the civilian population here at home, an unacceptably large number of children from birth to age 14 experience traumatic brain injuries– approximately 475,000 a year – and some of the most frequent of these injuries are to children under the age of five. In Massachusetts alone, more than 40,000 individuals experience these injuries each year.
As a result of these injuries, over 5.3 million Americans are now living with a permanent disability. Today, we have taken another step toward ensuring that these citizens and their families will receive the best services we can provide.
The legislation reauthorizes grants that assist States, Territories, and the District of Columbia in establishing and expanding coordinated systems of community-based services and supports for persons with such injuries.
The legislation also reauthorizes an important provision, the Protection and Advocacy for Individuals with Traumatic Brain Injury Program. This program, enacted by Congress in 2000, has become essential because persons with these injuries have an array of needs beyond treatment and health care. Protection and advocacy services include assistance in returning to work, finding a place to live, obtaining supports and services such as attendant care and assistive technology, and obtaining appropriate mental health, substance abuse, and rehabilitation services.
Often these persons – especially our returning veterans – must remain in extremely expensive institutions far longer than necessary, because the community-based supports and services they need are not available, even though they can lead to reduced government expenditures, increased productivity, greater independence and community involvement. Those who provide such assistance must have special skills, and their work is often time-intensive.
The legislation also allocates funds for CDC programs that provide important information and data on injury prevention of these injuries. A recent Institute of Medicine report demonstrated that these programs work. Their benefit is obvious, and we must do all we can to expand this appropriation in the years ahead to meet the urgent and growing need for this assistance.
A recent report by the Institute of Medicine calls the current TBI programs an “overall success.” It states that “there is considerable value in providing … funding,” and “it is worrisome that the modestly budgeted…TBI Program continues to be vulnerable to budget cuts.”
Current estimates show that the federal government spends less than $3 per brain injury survivor on research and services. As the IOM study suggests, this program must be able to expand, so that each state will have the resources needed to maintain vital services and advocacy for the large number of Americans who sustain such injuries each year.
Enactment of this bipartisan legislation will bring us a giant step closer to strengthening these vital programs for these deserving individuals and their families.

Thursday, April 10, 2008

TASER Report Released: Not There Yet

The ACLU of North Carolina, The Arc of North Carolina and the NAACP of North Carolina addressed the issue of TASER use at a press conference this morning in Raleigh.

The press conference was held to publicly release a report regarding the need for safer TASER policies in North Carolina. Since 2006 there have been ten TASER proximate deaths in our state. The most recent death was of a Charlotte teenager in March of 2008.


The Arc of North Carolina joined the NC TASER Project to raise awareness of the issue of TASERs being deployed against people with disabilities.
The Arc of North Carolina joined this coalition because of our concern that North Carolina lacks statewide regulations that would restrict the use of a TASER on a person with a disability. Restrictions on using TASERs against people with disabilities do currently exist in twenty four counties. TASER use against a person with a disability is currently prohibited in three counties. North Carolina sheriffs are considerably below the national average with respect to TASER regulations governing use on the elderly and people with disabilities.

In Murray Utah a man with cognitive disabilities, who was waiting at a bus stop, was tased after he was misidentified by an eye witness as the person who had just robbed a local bank.

A deaf man in Wichita was tased after exiting his bathroom. He had been taking a shower when police entered his home. When interacting with the police, he made attempts to communicate that he was deaf and needed his hearing aid. Upon reaching for his hearing aid, law enforcement tased him.

In North Carolina a 14 year old students with special needs was tased four times by a school resource officer. The girl, who is in intensive therapeutic foster care had an arrangement with the school guidance counselor in which she was given permission to contact her adoptive mother if harassment from a fellow student became overwhelming. During an attempt to exercise this privilege, she was tased by a school resource officer. The student has since transferred to a different school.

All of these cases exhibit stark similarities. All highlight communication barriers between the person with the disability and law enforcement. All of these examples address a need for increased disability awareness training to assist law enforcement in their interactions with people with disabilities.

The Arc of North Carolina strongly supports the efforts of this coalition in encouraging sheriff associations to implement statewide policy that restricts the use of TASERs on people with disabilities.

Not There Yet: The Need for Safer TASER Policies in North Carolina
http://www.acluofnorthcarolina.org/documents/NotThereYet-TheNeedforSaferTASERPoliciesinNorthCarolina.pdf

Read Additional News Coverage of the Press Conference:
WRAL
http://www.wral.com/news/local/story/2716926/

News and Observer:
http://www.newsobserver.com/news/crime_safety/story/1032160.html

The Arc of North Carolina: TASER Report

The Arc of North Carolina has been participating in a statewide initiative, NC TASER Project, to draw attention to the lack of standardized policies regulating the use of TASERs.

Restrictions on using TASERs against people with disabilities do currently exist in twenty four counties. TASER use against a person with a disability is currently prohibited in three counties.

A press conference will be held today at 10:00am at the Mental Health Association in North Carolina's office in Raleigh.

We congratulate our partners on the release of this report and on continuing the statewide push to address this issue.

We will update this blog after the conference today.

Special Announcement: The Arc of Chatham County

The Arc of Chatham County Would Like To Meet You!

Do you live in Chatham County?
Do you have a developmental disability? (like Cerebral Palsy, Autism, Downsyndrome, Fragile X)
Does your child have a developmental disability?
Do you provide services to people with disabilities?
Do you care about people with disabilities?

The Arc of Chatham County is charting their course and needs to hear whatYOU think.
What should The Arc be working on to improve the lives of peoplewith disabilities in the community?

Please come and join us in a discussionof what is working and what is not working for people living in ChathamCounty with developmental disabilities. What is important to you?

Date: Monday May 12
Time:6:30-8:30 pm
Location: Central Carolina Community College 764 West Street, Pittsboro, NC Building #2 Multi-purpose Room
RSVP: mailto:janet.groce@ncmail.net

Tuesday, April 8, 2008

NC General Assembly: Legislative Update HHS Appropriations

Health and Human Service Appropriations Committee

This committee met today to hear reports from legislative staff and presentations from the Office of Policy and Planning, Fluoride Mouth Rinse Program and Early Intervention Branch.

During opening remarks it was made clear that the appropriation chairs had been meeting over the last few weeks and had very specific hot budget items that they wanted the committee to address prior to the start of session. The goal is to hit these hot budget items and then be ready to go when session starts on May 13th.

The major priorities are budget issues around Health Choice, our state health insurance program. This program is directly affected by the SCHIP battle that rages on in Washington DC. Second topic also affected by SCHIP is NC Kid’s Care. This program is an extension of Health Choice that was passed last session. It would set the eligibility level at 300% FPL and would be a buy in health insurance program. The last of the hot topics will be Mental Health funding. One entire day will be set aside to hear recommendations from the Mental Health, Developmental Disabilities, Substance Abuse Legislative Oversight Committee. There will also probably be recommendations from the Department and possibly the Governor at this meeting.

Legislative staff reviewed the Health and Human Services budget that was passed during the long session. Here is a brief recap of what appropriations the developmental disability community received during the FY 2007-2008 budget.

Special Population Dentistry FY 07-08 200,000 NR

CAP-MR/DD Slots FY 07-08 4,500,000 R FY 08-09 4, 500,000 R
This realignment gave us 300 new CAP Slots.

Supported Employment FY 07-08 2,500,000 R FY 08-09 2,500,000 R
This appropriation was also a realignment.

Early Intervention For Autism FY 07-08 2,000,000 NR
This was a new money.

Housing Trust Fund-Housing for People with Disabilities
FY 07-08 $7,500,000 NR
This was new money. A request has been made from the department to make this recurring. This money funds new projects. The Housing 400 Program is one of the most successful programs to emerge from the Mental Health, Developmental Disabilities, Substance Abuse Reform.


Operating Cost Subsidy-Housing for People with Disabilities
FY 07-08 $3,500,000 R FY 08-09 $4,500,000 R
This was new money. This appropriation is directed toward assisting with rental subsidies so that the units can have deep affordability.

After lunch the committee heard a report on the status of our state’s Early Intervention Program. The Early Intervention Program assists families with children who have a developmental disability or are at risk of developmental delays as well as children who have an established medical need. Dr. Deborah E. Carroll stated that this program is seeing a 15% increase in referrals from pediatricians and a 9.5% increase in enrollment. The Early Intervention Program serves children from birth to age 3. This program assist families in locating physical therapists, speech pathologists and other specialists as needed. Two-thirds of the families currently being served in this program are Medicaid eligible. Early Intervention Programs create positive outcomes later in the lives of children with developmental disabilities. It is also a program that is mandated under IDEA. The Arc of North Carolina supports the continued funding of this program.

There will be two more Health and Human Services Appropriations meetings prior to the start of session. One will be on April 14th and will be focused on Health Choice and NC Kid’s Care. The second meeting is tentatively scheduled for April 29th and will be focused on Mental Health, Developmental Disabilities, and Substance Abuse.

Monday, April 7, 2008

Monday Quick Hits: Hot Policy Topics for This Week

North Carolina

The storm is officially here. This week we will see a up spike in appropriation subcommittee meetings as the budget debate begins. There will be a lot to balance between pressing budget needs especially for people served by the Developmental Disability, Mental Health, Substance Abuse Oversight Committee. Add to this the concern that North Carolina is seeing a significant increase in drop out rates for all students. Then you have transportation and infrastructure as we continue to address the boom in North Carolina’s population. The budget will surely take center stage on this blog, stay tuned.

Tuesday, April 8, 2008

10 a.m. The House Select Committee on High Speed Internet in Rural Areas Committee meets, 1124 LB.
During this committees last meeting the discussion centered on improving access to rural communities through private/public partnerships. There were several questions brought up by members on how best to develop these partnerships. This meeting will most likely continue that conversation. As we continue to move toward a more streamlined internet bases medical records system and as we continue expansion of on line courses, we will need to be able to connect all areas of our state to the information highway.

10 a.m. The Joint Appropriations Health and Human Services Subcommittee meets, 643 LOB.
This will be the first meeting of the HHS Appropriations Subcommittee. There was no agenda available at time of posting but it is clear that funding for mental health crisis services will be on everyone’s mind. It is important to people with developmental disabilities that the START Model, our crisis service model, receive full funding.

10 a.m. The Joint Legislative Education Oversight Committee meets, 544 LOB.
During the last committee meeting members received comments from state superintendents. The committee also learned during their last meeting that 4 LEAs had a 100% drop out rate of students with disabilities. This week the committee will receive reports on child nutrition, the Farm to School program. They will also hear a report regarding disadvantaged student supplemental funding and gang violence.

Wednesday, April 9, 2008

9 a.m. The Joint Legislative Education Oversight Committee meets, 544 LOB.
The committee second day will open with a welcome from Chair Senator A.B. Swindell followed by draft committee recommendations and legislative proposals.

2 p.m. The Joint Legislative Health Care Oversight Committee meets, 544 LOB. No information available at this time.

Thursday, April 10, 2008

9 a.m. The Joint Select Committee on Economic Development Incentives meets, 414 LOB.
This committee continues its work addressing the way North Carolina creates economic incentive packages for businesses to relocate to our state. No agenda was available at this time.


10 a.m. The North Carolina Study Commission on Aging meets, 421 LOB.
This committee will hear a report from the Adult Protective Services Taskforce. To read a summary of the report please go to the following link:
http://www.ncleg.net/documentsites/committees/NCSCA/2007-08%20Interim%20Committee%20Meetings/4-10-08%20Meeting/APS%20Fact%20Sheet.pdf


2:30 p.m. The House Select Committee on the Legal Aspects of Using Lottery Proceeds for Charter School Funding meets, 1425 LB.
No agenda available at this time.

Federal:

FY 2009 Budget Resolution

Work continued on resolving the differences between the House and Senate versions of the FY 2009 Budget Resolution (BR). The war and domestic policy will be taking center stage during this negotiation. There are scheduled to be numerous hearings on the war effort and due to the sagging economy, recent job loss data, foreclosures and an overall feeling that we have not paid enough attention to the home front, members of Congress are beginning to press for the White House to negotiate a second economic stimulus package. This second package would be directed at helping states deal with budget shortfalls. So far the Bush Administration has not signaled its intent to consider a second stimulus package. It wants to asses the first economic stimulus package impact before starting a second package.

Medicaid:
Several important developments on Medicaid and CMS Rules Moratorium. (The following information comes from DPC)

Medicaid Regulations House Moratorium Bill

The House Energy and Commerce Committee’s Health Subcommittee, chaired by Rep. Frank Pallone (D-NJ), held a hearing on the Protecting the Medicaid Safety Net Act of 2008 (H.R. 5613). This bill imposes a one year moratorium on Medicaid regulations including the case management, rehab option and school based administration/transportation rules. Witnesses representing the National Association of State Medicaid Directors, the National Conference of State Legislatures, the American Academy of Pediatrics, the American Hospital Association, and the American Association of School Administrators urged passage of the bill stating that the individual and cumulative impact of the regulations would be devastating to states, beneficiaries, and the providers who serve them.

The Centers for Medicare & Medicaid Services’ (CMS) Director of Medicaid and State Operations testified that the regulations are intended to curb abuses in the program, and that many Medicaid programs are inappropriately drawing down federal funds and claiming services that should not be covered by Medicaid. The Acting Director of the Government Accountability Office (GAO) stated that the agency has documented methods used to inflate the federal payments drawn down by the states. But, when questioned by Energy and Commerce Chairman Dingell, he acknowledged that the GAO had not studied or made any specific recommendations with regard to the regulations being addressed in the legislation.

Under “Pay-As-You-Go” budget rules Democrats implemented last year, lawmakers must couple proposals that cost money with legislation that would save or raise an equal amount. This means that the Congress must find funding to pay for the Medicaid Safety Net Act of 2008, which the Congressional Budget Office (CBO) estimates at $1.65 billion in fiscal 2008 and 2009. The CBO says the moratoria will cost money because it has already assumed in its “baseline” financial projections that the regulations take effect, a routine practice for the agency.

Medicaid Regulations Senate Moratorium/State Fiscal Relief Bill

Sens. John Rockefeller (D-WV), Olympia Snowe (R-ME) and Edward Kennedy (D-MA) introduced the Economic Recovery in Health Care Act of 2008 (S. 2819) which imposes a one year moratorium on all seven CMS regulations. The bill also imposes a moratorium on the August 2007 State Children’s Health Insurance Program (SCHIP) guidance (which restricts eligibility) and provides approximately $12 billion in targeted state fiscal relief, equally divided between an increase in federal Medicaid matching payments and targeted grants to states.

Medicaid

On April 4, the Centers for Medicare and Medicaid Services published proposed rules in the Federal Register to implement the Home and Community-Based State Plan Services. The new Section 1915(i) HCBS services are now available as an option to states for their Medicaid state plans as a result of enactment of the Deficit Reduction Act of 2005 in February 2006. The optional services, which are in addition to similar services provided under the Home and Community-Based Services waiver (Section 1915(c)), are simultaneously more limited than and more expansive than services available under the waiver program. For example, states may not use the option to provide the full range of services available under the waiver, yet the states may serve people under the new option who do not meet the level of need required for the waiver (otherwise eligible for institutional services). The public comment period will close at 5:00 pm on June 3. The DPC will work with other advocates to analyze the proposed regulations and send information to affiliates and chapters in advance of the closing date for comments. The proposed regulations can be found at: http://edocket.access.gpo.gov/2008/pdf/08-1084.pdf.


ADA Restoration

The ADA Restoration Act is moving forward in preparation for an anticipated mark-up in the House of H.R. 3195. Disability and civil rights groups have kept a high profile on the Hill with continued regular Congressional staff meetings. Meanwhile, the business and disability communities are maintaining productive and instructive dialogue on the bill and perspectives held by varying constituencies.

Prevention

On Tuesday, the House of Representatives is expected to vote on the Newborn Screening Saves Lives Act of 2007 (H.R. 3825) under suspension of the rules. This bill authorizes funding to help states expand and improve their screening programs, provide educational materials to families and improve follow-up care and treatment of newborns who screen positive.

The House is also scheduled to vote, under suspension of the rules, on the reauthorization of the Traumatic Brain Injury Act (H.R. 1418) which authorizes research and public health activities related to trauma and traumatic brain injury.

Health Care

On Wednesday, the Senate Finance Committee, chaired by Sen. Max Baucus (D-MT), will hold a hearing on the State Children’s Health Insurance Program (SCHIP).

Thursday, April 3, 2008

The Blog Goes On Vacation


The Arc of North Carolina Policy Blog will not be updated this Friday, April 4, 2008. We are taking a mini vacation. On Monday we will be back and so will our NEW Election 2008 Blog.

Announcement: NC Bar Association Public Service Day

The North Carolina Bar Association is hosting a statewide public service day on Friday, April 4th. On that day, anyone in North Carolina can call and talk with a North Carolina lawyer for FREE. Eight call centers will be set up around North Carolina with more than 700 lawyer volunteers who will be available to speak with anyone who wants to call.

We need your help in getting the toll free number and the availability of this service out to as many people as possible. Please spend ten minutes forwarding this email and its attachments to people in your address book or on other groups to which you belong?

The same toll free telephone number will be used statewide: 1-877-404-4149

Volunteer lawyers will be available from 7:00 in the morning to 7:00 in the evening on Friday, April 4. Callers will not be asked for names or any contact information. A caller can just ask any questions about the legal system--child support, speeding tickets, employees rights, business incorporations, real estate issues, foreclosure, insurance, wills, powers of attorney, you name it. He or she will talk directly to a North Carolina lawyer.

Julia's Musings: When Technology Goes Crazy

If you have been with us since day one you have seen this blog grow and bloom. Many of you have signed up for blog alerts, so that you know when this blog posts a new article. Well recently my computer had a "moment" and it "ate" all of my email addresses.

You just have to love technology! I know I do.

So if you do want to subscribe for Blog Updates please send me an email at jleggett@arcnc.org.
If you had in the past signed up for the Blog Update list, do me a favor and send your request again.

Thanks reading the blog. Look for an important update on Monday about Election 2008!!!

Article Recommendation: A New Definition of Success

We recommend to you a great article that illustrates the life and choices family members make to provide a full life for a person with a developmental disability.

Nancy Szymkowiak is the former director of The Arc of Cumberland County. This article details her daughter's Lacey's challenges and successes.

Read the article: Fayetteville Observer, Sunday, March 30, 2008
http://www.fayobserver.com/article?id=289911

Tuesday, April 1, 2008

NC General Assembly: Weekly Legislative Wrap Up

March 24 – 28, 2008

Monday, March 24, 2008
The 21st Century Transportation Committee.

The 21st Century Transportation Committee heard a presentation from NCTRAM (North Carolina Transportation Reform and Modernization). NCTRAM is a coalition of concerned public interest groups, including but not limited to AARP, MHA-NC, The Arc of North Carolina and NC Housing Coalition. NCTRAM would like to see future transportation needs addressed in a manner that address the needs of all segments of society, promotes sound economic development and contribute to a high quality of life for all North Carolinians. Smart growth.

Finance Subcommittee:
Part of this subcommittees proposal is to phase out the annual transfer from the Highway Trust Fund to the General Fund. This subcommittee also proposed looking at bonds and gap funding alternatives. The subcommittee members also stated that the federal government is not living up to its responsibilities and that the full committee needs to address this issue.

Intergovernmental Subcommittee:
This subcommittee proposed that the legislature address our status as a donor state with the federal government. This echoed the sentiments of the finance subcommittee.

Intermodal Subcommittee:
Sam Hunt presented the recommendations from this subcommittee. These recommendations included the funding of rail, transit and bus options through means to be worked out in the finance subcommittee. In regards to revenue there must be a source of revenue that is dedicated to intermodal infrastructure. The proposed legislation would permit for a ½ cent sales tax for urban areas, New Hanover, Asheville and any county over a set population numbers.

Tuesday, March 25, 2008
The Joint Legislative Commission on Dropout Prevention and High School Graduation.


As reported last week, the Dropout Prevention Commission has been hearing a series of presentation regarding the state of our North Carolina education system. As reported on The Arc of North Carolina Policy blog, 4,050 students with disabilities dropped out of high school during the 2006-2007 academic year.
During this committee meeting, members heard presentations from at risk students who are currently working on completing their high school education.
Gene Bottoms, Senior Vice President Southern Regional Education Board, present on “Promising Policies/Practices for Improving Readiness and Graduation Rates”. In his presentation he addressed the need to identify students early in the middle grades who may be at risk of dropping our and provide accelerated instruction and support. He also proposed providing flexible scheduling that increases students’ time in core language/reading and math classes. Gene Bottoms also addressed that we should be teaching for understanding not teaching for the test. His full report will be available on the web in the next few days.


Wednesday, March 26, 2008
The Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities and Substance Abuse.

This legislative oversight committee began the process of hearing staff, member and department recommendations. The majority of the reports centered on issues around Mental Health. Reports regarding issues around serving people with Developmental Disabilities will occur at the next scheduled meeting. Secretary Dempsey Benton also presented his report later in the afternoon. Of interest to advocates of affordable housing for people with developmental disabilities was a presentation by Julia Bick (DHHS) and Trisch Amend (NC Housing Finance Agency). For the FY2007 the General Assembly appropriated $10, 937,500 for capital and $1,205,000 recurring Key Program operating subsidies. The results of these appropriations allowed this program to finance 430 units in 65 developments across 33 counties. 189 households received Key Program rent assistance through this appropriation cycle. For the FY2008 this program received $7,500,000 to be used in capital and $3,500,000 recurring key Program operating subsidies. Last session appropriation to this program allowed DHHS and the Housing Finance Agency to award 120 unit of Key Program assistance, with a second round of applications due in by mid April.