Welcome to The Arc of North Carolina. Working with and for people with intellectual and developmental disabilities for over 50 years.
Friday, May 29, 2009
NCGA Legislative Update: Parent & Student Involvement Act Passes Senate and Heads to the Governor
Dispatch from Jones St: Bullying Bill in the News
Thursday, May 28, 2009
Julia's Musings: House Budget Jeopardizes Services and Families
Today the House Appropriations Subcommittee on HHS released its proposed budget.
This budget proposal will significantly impact community-based services for people with developmental disabilities and their families. Here are just some of the proposed cuts:
CAP/MR-DD Reduction in State Supplemental Funds: FY 09-10 $16 million dollars/FY 10-11 $16 million dollars.
-This cut will reduce service funding for supplemental state-funded services provided to people currently receiving CAP/MR-DD waivers.
State Funded Services: FY 09-10 $50 million dollars/FY 10-11 $50 million dollars.
-This cut will reduce funds for state-funded services provided by Local Management Entities.
Freeze CAP Slots: FY 09-10 $14 million dollars and FY 10-11 $15 million dollars.
Although this is not a cut of funding for CAP slots it does mean that there will be no critically needed slots opening in the next two fiscal years.
At the end of the budget presentation today Representative Brisson requested an accurate accounting of how many people are being served by each of the programs that are being cut or eliminated and how these changes are going to directly impact the lives of the people currently being served.
This is an excellent question and one that we in the community can answer. Without these critical services our state will see real families in real crisis. These cuts mean the elimination of jobs, which in turn means the elimination of tax revenue and an increase in the unemployment numbers in our state.
It is time leaders in the House begin an honest discussion of how to raise revenue to avoid these deep and drastic cuts to needed programs. It is time we put people’s lives ahead of concerns over raising revenue.
Dispatch from Jones St: House Education Committee Passes the School Violence Prevention Act
Dispatch from Jones St: House Budget Appropriations Subcommittee HHS
Wednesday, May 27, 2009
Dispatch from Jones St: House Budget Rumors
Monday, May 18, 2009
Monday Quick Hits: Hot Policy Topics for This Week
Monday, May 18, 2009
7:00 PM Session Convenes (House)
House Chamber
7:00 PM Session Convenes (Senate)
Senate Chamber
Tuesday, May 19, 2009
8:30 AM AND 2:00 PM APPROPRIATIONS/General Government (House)
1425LB
Wednesday, May 20, 2009
10:00 AM EDUCATION/HIGHER EDUCATION (Senate)
Students Under 16 May Attend Comm. College (H65)
Assignment of Multiples to Charter Schools (H316)
Cleveland Comm. Coll. Capital Project (H573)
643LOB
Tuesday, May 12, 2009
The Arc of NC Announces: ABC World News Nightline Arc/UCP Paul Marchand Discusses Texas Case
Monday, May 11, 2009
Dispatch from Jones St: HB 672 Accountability for State Funding MH/DD/SAS
Here is a brief summary of the legislation:
This legislation will require Local Management Entitiess 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.
This legislation also protects our states 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 legislation 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.
This bill also directs 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.
Action Alert: HB 672 Accountability for State Funding MH/DD/SA
TODAY the NC House Votes on House Bill 672-Accountability for State Funding MH/DD/SA
We need you to TAKE ACTION. Call your Representative today.
House Bill 672: Accountability for State Funding passed the House Mental Health Reform Committee and House Health and Human Services Appropriation Subcommittee. Today this bill will be voted on by the House this evening. We need you to call your Representative and ask to vote YES for this legislation.
ACTION TO BE TAKEN:
EMAIL or CALL your Representative NOW.
TELL THEM:
Vote YES for the bill!
* HB 672 directs LMEs who are receiving single stream funding to hold a bi-annual public hearing during their board meeting to discuss with consumers how funding is being used. This important legislation gives advocates the ability to dialogue with their LMEs regarding funding needs.
* HB 672 directs the Department of Mental Health, Developmental Disabilities, and Substance Abuse Services to analyze the effectiveness of single stream funding.
* HB 672 has the support of advocates, providers, the Division of Mental Health, Developmental Disabilities and Local Management Entities.
Find Your Representative:
Read the Bill:
House Bill 672: Accountability for State Funding MH/DD/SA
Primary Sponsors: Representative Earle, Representative Brisson, Representative Hurley and Representative Hughes.
Co-Sponsors: Representative M. Alexander, Representative Bell, Representative Bordsen, Representative Carney, Representative Coates, Representative Faison, Representative Farmer-Butterfield, Representative Goforth, Representative Harrison, Representative Howard, Representative Justus, Representative Lucas, Representative Luebke, Representative Mackey, Representative Parmon, Representative Pierce, Representative Randleman, Representative Wainwright and Representative Wray.
An act relating to Local Management Entities use of state funds for Mental Health, Developmental Disability, and Substance Abuse Services.
If you have any questions please contact Julia Leggett, Policy Coordinator The Arc of North Carolina. jleggett@arcnc.org
Monday Quick Hits: Hot Policy Topics for This Week
Recommended Approp. MH/DD/SAS Oversight Comm. (H457)
Recommendations of MH/DD/SA Oversight Comm. (H458)
Mental Health Services for Children/Kids' Care. (H600)
Guardianship/Incompetency. (H1086)
Improve LME Accountability.-AB (H1188)
Residential Treatment Facil./TBI. (H1309)
12:00 PM HEALTH (House) 544 LOB
Certified Professional Midwives Licensure. (H333)
Establish Gestational Surrogacy Agreements. (H510)
Cancer Patient Assistance. (H1020)
Sheriff/Inspect Prescription & Drug Records. (H1119)
DHHS/Update current inspection practices.-AB (H1186)
DHHS/Tracking Outpatient Commitments.-AB (H1189)
DHHS/Tech. Assistance for Menu Labeling. (H1273)
Childhood Obesity/Common Metric Measures. (H1274)
Prohibit Self-Service Displays for Tobacco. (H1487)
Saturday, May 9, 2009
Friday Wrap Up: Committee Meetings, Bill Updates and Other Information
On Tuesday, May 5, 2009 the House Health and Human Services Appropriations Subcommittee met for the last time before the House releases its budget proposal.
The primary reason for the committee meeting was for members to discuss programs that they individually feel are important to continue funding or to consider programs that may receive cuts.
Schools that are supervised by DHHS were highlighted during this meeting. These schools include; the North Carolina School for the Deaf, the North Carolina Eastern School for the Deaf, Governor Morehead School for the Blind and two schools that serve students with mental illness, Wright and Whittaker.
Representative Farmer Butterfield expressed concerns regarding the consolidation of the deaf schools. The deaf schools are operated in the far west and eastern part of the state. These are residential facilities that transport children home on the weekends. The deaf schools currently serve a total of 205 students. Secretary Cansler stated that if we consolidate the two schools for the deaf with the school for the blind into one school over time the state would see a savings.
Representative Dollar expressed concerns with the proposed closing of the Wright and Whitaker schools centers on the lack of a clear plan for where these children would be served in the community and how the transfer of care for these students would be handled. Representative Insko requested staff to research what other programs in our state could readily provide services for this community and which programs provide residential services equal to the ones provided by Wright and Whitaker.
Representative England expressed concerns regarding long term care and rest home reimbursement rates. Secretary Cansler stated that the department has looked closely at the reimbursement rate and indicated that the study has found a substantial underfunding of that industry. The Department is looking at waivers and other options to assist this industry.
Representative Brisson expressed concerns over the health care personal services authorization. Secretary Cansler expressed that there are some people who need personal care who are not receiving them and those who are receiving them who do not qualify. The Department is looking at the Carolina Center for Medical Excellence in developing plans to ensure that those who need the services qualify and receive them.
The final concerns expressed by members of the committee revolved around the proposed move and long-term merger of More at Four with Smart Start.
Base Budget Appropriations House and Senate:
The House and Senate held a Joint Appropriation Budget meeting on Wednesday, May 6, 2009 to present an updated revenue outlook to the members of the Appropriation committee.
Representative Michaux opened the meeting by stating that we will be hearing bad news and good news. He stated that North Carolina is in dire straits. Representative Michaux stressed that we are facing serious and difficult decisions as we move forward with the budget.
The bad news is that we are facing an additional 1 billion dollar deficit for the current fiscal year. This puts the current deficit for FY2008-2009 at $3.2 billion dollars. The April 15th tax revenue collections were 40% lower than expected. During the previous two recessions the reduced tax revenue collections were between 20-21%.
Fiscal research staff stated that the certified budget for July 2008 was $20.8 billion dollars. In January 2009 the estimated forecast was $18.6 billion dollars. This was the figure used by both the Governor and the Senate in creating their proposed budget plans. The current forecast for May 2009 is $17.5 billion dollars. This is the new base budget goal that must be used as the House creates its budget proposal. This figure is $1.3 billion dollars less that the previous base budget targets. Fiscal research staff stated that for fiscal year 2010-2011 the General Assembly must find an additional $2 billion dollars.
Fiscal research staff stated that their will be a recovery in the fourth quarter of 2009 but it will be fiscal year 2013-2014 before we see another $20 billion dollar budget target.
Representative Michaux closed the meeting by stating that “we had heard the bad news and that the good news is that there might not be more bad news”.
House Health Committee:
On Tuesday, May 5,2009 the House Health committee met to hear two bills of interest are that will create policy regarding smoking in foster care homes.
The first bill is House Bill 692: Establish Policy/Smoking/Foster Care-Cotham
http://www.ncleg.net/Sessions/2009/Bills/House/PDF/H692v1.pdf
This bill will require the county Departments of Social Services to develop policies on how to address the issue of foster parents who smoke.
This bill was displaced from the calendar. Representative Nelson Dollar expressed concern regarding writing policy before completing a study on this issue. We expect to see this bill come back up next week.
The second bill is House Joint Resolution 694: Study/Smoking Ban/Foster Care Homes-Cotham.
http://www.ncleg.net/Sessions/2009/Bills/House/PDF/H694v1.pdf
This joint resolution would authorize the Legislative Research Commission to study the impact of a smoking ban in foster care homes.
Representative Tricia Cotham expressed her concern for the health of children who are being placed in foster homes with foster parents that smoke. Committee members did feel that this study should move forward and voted it out of committee with a favorable report. This bill received a serial referral to the rules committee.
Senate Health Care Committee:
This committee will take up Senate Bill 331: MH/National Accred. Benchmarks-Berger. http://www.ncleg.net/Sessions/2009/Bills/Senate/PDF/S331v1.pdf
This bill will make changes to the national accreditation benchmark requirements for certain Medicaid enrolled facilities.
This bill received a committee substitute that changed the title and the intent of the bill. The new bill will permit Five Counties LME to join the state health care plan.
New bill edition:
http://www.ncleg.net/Sessions/2009/Bills/Senate/PDF/S331v2.pdf
Senate Mental Health and Youth Services:
This committee will take up Senate Bill 721: Allow Electronic Supervision/MH/DD Facilities-Hoyle.
http://www.ncleg.net/Sessions/2009/Bills/Senate/PDF/S721v1.pdf
This bill will require the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services to adopt rules establishing acceptable electronic supervision standards and alternate staffing requirements at facilities for children and adolescents with mental illness or developmental disabilities during client sleep hours.
This bill received considerable debate. The type of electronic supervision alluded to in this bill would be camera surveillance. Grandfather Home for Children currently uses this type of monitoring during client sleep hours. They are operating this system under a Mental Health Commission waiver that was provided to them in 2008 for one year.
Many of the concerns with this legislation are focused on the breadth of the bill. It includes facilities for children and adolescents with developmental disabilities, some of whom may require personal care during sleep hours. This camera monitoring system may not be appropriate for this population.
This bill will be worked on by Senator Nesbitt and Senator Hoyle and will be re-written so that it is more narrowly focused.
Bills To Watch This Week:
HOUSE:
House Floor Vote:
HB 672 Committee Substitute - Earle, Brisson, Hurley and Hughes (Primary Sponsors) -
ACCOUNTABILITY FOR STATE FUNDING/MENTAL
HEALTH/DEVELOPMENTAL DISABILITIES/SUBSTANCE ABUSE
ABUSE SERVICES.
http://www.ncleg.net/Sessions/2009/Bills/House/PDF/H672v2.pdf
This bill will require LMEs to hold a public meeting twice a year during their regularly scheduled board meeting to explain how single stream funds were used to serve people with mental illness, developmental disabilities and substance abuse. The second part of the bill deals with state dollars that are used to secure HUD group homes and apartments. The third part of this bill directs the Division of MH/DD/SA to analyze the effectiveness of single stream funding.
House Mental Health Reform:
Tuesday, May 12, 2009 Room Time
H.B. 457 Recommended Approp. MH/DD/SAS Oversight Comm.
http://www.ncleg.net/Sessions/2009/Bills/House/PDF/H457v1.pdf
This bill is the appropriation suggestions from the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services.
H.B. 458 Recommendations of MH/DD/SA Oversight Comm.
http://www.ncleg.net/Sessions/2009/Bills/House/PDF/H458v1.pdf
This bill is the special provision suggestions from the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services.
H.B. 600 Mental Health Services for Children/Kids' Care.
http://www.ncleg.net/Sessions/2009/Bills/House/PDF/H600v1.pdf
This bill will ensure that all children in North Carolina that are eligible for health services under NC Health Choice or NC Kids’ Care will receive mental health services, as recommended by the legislative study commission on children and youth.
H.B. 1086 Guardianship/Incompetency.
http://www.ncleg.net/Sessions/2009/Bills/House/PDF/H1086v1.pdf
This bill will amend the procedures for determining incompetency under the laws relating to guardianship as recommended by the House Study Committee on State Guardianship Laws.
H.B. 1188 Improve LME Accountability.-AB
http://www.ncleg.net/Sessions/2009/Bills/House/PDF/H1188v1.pdf
This act pertains to the appointment of area authority and county program directors and membership on a Local Management Entity Board of Directors.
H.B. 1309 Residential Treatment Facil./TBI.
http://www.ncleg.net/Sessions/2009/Bills/House/PDF/H1309v1.pdf
This bill directs the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services to adopt rules providing for the licensure and accreditation of residential treatment facilities for persons with traumatic brain injury.
Thursday, May 7, 2009
NC Senate Passes the School Violence Prevention Act!
Tuesday, May 5, 2009
Dispatch from Jones St: Bullying Bill Update
Monday, May 4, 2009
TAKE ACTION NOW! The School Violence Prevention Bill Will Be Voted On Tomorrow
Senate Bill 526: School Violence Prevention Act, passed the Senate Committee on Mental Health and Youth Services last evening. On Tuesday, May 5, 2009 it will be on the Senate floor for a vote and we still have work to do! This legislation is important to the children with developmental disabilities in North Carolina.
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.”
ACTION TO BE TAKEN:
EMAIL or CALL your Senator NOW.
TELL THEM:
• Vote YES for the bill!
* 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.
Find Your Senator:
Read the Bill:
Senate Bill 526: School Violence Prevention Act.
Sponsors: Senator Boseman.
Co-Sponsors: Senator Charles W. Albertson, Senator Bob Atwater, Senator Daniel G. Clodfelter, Senator Charlie Dannelly, Senator Katie G. Dorsett, Senator Linda Garrou, Senator Clark Jenkins, Senator Eleanor Kinnaird, Senator Vernon Malone, Senator Floyd B. McKissick Jr., Senator William R. Purcell, Senator Larry Shaw, Senator Josh Stein, Senator David F. Weinstein.
An Act to enact the school violence prevention act.
Monday Quick Hits: Hot Policy Topics for This Week
This week we will be again monitoring the budget process as appropriation subcommittees continue to meet. Here are your hot topics for the week:
Tuesday, May 5, 2009
8:30 a.m.
House Committee On Appropriations Subcommittee on Education, 421 LOB
House Committee On Appropriations Subcommittee on Health and Human Services, 643 LOB
House Committee On Health, 544 LOB
HB 455 (Insko) DESIGNATE KIDNEY MONTH
HB 535 (Insko) HEALTH INSURANCE COVERAGE/LYMPHEDEMA
HB 692 (Lucas, M.) ESTABLISH POLICY/SMOKING/FOSTER CARE
HB 694 (Holliman) STUDY/SMOKING BAN/FOSTER CARE HOMES
HB 945 (Sutton) ENFORCE FEDERAL INDIAN CHILD WELFARE ACT
HB 1055 (England) MEDICAL RECORDS/COPYING FEES
HB 1249 (England) DEEP VEIN THROMBOSIS AWARENESS MONTH
HB 1251 (Holliman) CANCER SCREENING AWARENESS MONTH
HB 1373 (Yongue) PHASE IN PHYSICAL EDUCATION REQUIREMENTS
HB 1384 (Jones, Earl) SHOPPING CARTS/PREVENT EXPOSURE TO GERMS
Wednesday, May 6, 2009
House Committee On Aging, 415 LOB
HB 994 (Tolson) PUBLIC HOUSING/ADULT CARE HOME DEMO PROJECT
HB 996 (Tolson) REPEAL ACH/PUBLIC HOUSING STUDY
Friday, May 1, 2009
Friday Wrap Up: Bills, Committee Reports, and Other legislative Stuff.
House Health and Human Services Appropriations Subcommittee:
This committee met on Tuesday and Thursday of this week to hear reports on the merger of More at Four into Smart Start.
On Tuesday Dick Clifford with Frank Porter Graham presented on More and Four and the proposed transfer of More at Four and the merger with Smart Start. Mr. Clifford’s message to the members was to fully analyze the benefits of both programs prior to the merger. He stressed that there is strong data to support the effectiveness of More at Four. Members of the committee also received a report from Tara Larson on the progress of the screening tool for long term care facilities. Tara Larson reviewed the delay in implementing MUST due to technical issues, and the need to continue to partner with providers and their individual billing and IT systems prior to full start up. Ms. Larson did state that this work is continuing and that a standard tool will be effective. She addressed the work that the workgroup is doing on merging screening tools used currently such as SIS with the new screening tool PASAR.
House Health:
On Tuesday, House Bill 1339- DHHS Study/Medical Provider Rates was heard in committee. This bill will direct theDepartment of Health and Human Services to conduct a study of provider medical rates to determine the equity of existing rates among providers. The study would focus on the cost of providing services, capital costs, and medical malpractice insurance and a review of medical providers for a stand-alone payment method, including the consideration of a private consultant to perform the rate-setting process. The report is due back to Senate and House HHS Appropriations no later than October 1, 2009.
The bill received a favorable report and was re-referred to the committee on Appropriations.
House Judiciary I:
House Bill 925-Data Sharing/DHHS Agencies. This bill will authorize the sharing of confidential information among agencies of the Department of Health and Human Services in order to conduct quality assessment and improvement activities and coordinate appropriation and effective care, treatment, or habilitation of DHHS clients. This bill received a favorable report when it was debated in the House Health Committee. This is the final committee for this bill prior to heading to the House floor.
This bill received a favorable report and was calendared for a full House vote on Wednesday. This bill passed the House with a vote of 115 in favor and none opposed.
Budget:
This week the House Appropriations Committee held a unique public forum to receive input from the citizens of North Carolina regarding the state budget. The members and leaders of the House held this public hearing in Wake County and at ten satellite sites across the state.
Many of the comments that were given focused on the merger of More at Four and SmartStart. There were multiple comments on not cutting any funding for people with developmental disabilities, substance abuse, and mental health needs.
Bills To Watch This Week:
HOUSE:
Two bills of interest will be taken up on Tuesday, May 5th in the House.
House Health and Human Services Appropriations Subcommittee:
On Tuesday the House Health and Human Services Appropriations Subcommittee will meet at 8:30am in room 643 LOB. There is no announcement regarding the agenda for this meeting.
House Health Committee:
Also on Tuesday, the House Health committee will meet to hear ten different bills. Of interest are the two proposed bills that address smoking in foster care homes.
The first bill is House Bill 692: Establish Policy/Smoking/Foster Care-Cotham
This bill will require the county Departments of Social Services to develop policies on how to address the issue of foster parents who smoke.
The second bill is House Joint Resolution 694: Study/Smoking Ban/Foster Care Homes-Cotham.
This joint resolution would authorize the Legislative Research Commission to study the impact of a smoking ban in foster care homes.
SENATE:
Two bills of interest will be taken up Wednesday, May 6th in the Senate.
Senate Health Care Committee:
This committee will take up Senate Bill 331: MH/National Accred. Benchmarks-Berger.
This bill will make changes to the national accreditation benchmark requirements for certain Medicaid enrolled facilities.
Senate Mental Health and Youth Services:
This committee will take up Senate Bill 721: Allow Electronic Supervision/MH/DD Facilities-Hoyle.
This bill will require the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services to adopt rules establishing acceptable electronic supervision standards and alternate staffing requirements at facilities for children and adolescents with mental illness or developmental disabilities during client sleep hours.