Facing a growing budget deficit (current estimates are a 3.7 billion dollar budget gap) Governor Beverly Perdue released today her plan to re-structure state government. Here goal is to “streamline state government and save money”.
Speaking in Pinehurst to several area chambers of commerce, Governor Perdue stated that she is proposing a hiring freeze in state government, the elimination of support functions such as human resources, and the consolidation of several state agencies.
The proposal for consolidating agencies would take state government from 14 agencies down to 8 agencies.
Here are some of the details of the governor’s proposal:
-Consolidate the departments of Juvenile Justice, Correction and Crime Control and Public Safety will merge and become one Department of Public Safety.
-Department of Commerce will absorb the Employment Security Commission.
-Department of Administration will change to the Department of Management and Administration and will take up the tasks of chief operations unit for state government, absorb information technology, the Office of State Personnel and the controllers office.
-Privatization of purchasing function and IT consolidation through a different private company.
-Human Resources would move out of state government to a private company, as part of the outsourcing of state functions.
-Hiring freeze in all cabinet agencies. The governor also called on members of the Council of State to follow her lead and freeze all hiring of non critical positions.
-Governor Perdue will also present to lawmakers a list of 150 state boards and commissions that could be eliminated. North Carolina currently operates 400 state boards and commissions.
Thursday, December 9, 2010
Wednesday, December 8, 2010
NC News:Under the Dome Reports A Bigger Budget Deficit Looms for NC General Assembly
Today the National Conference on State Legislators released a report detailing that budget problems will persist over the next three years for many states. The News and Observer, Under the Dome offers this budget picture for North Carolina based on the NCSL report.
Bigger budget hole
Submitted by lbonner on 2010-12-08 10:39
Tags: Under the Dome | Bev Perdue | budget | legislature | National Conference of State Legislatures
Is it $3.2 billion? $3.5?
The budget hole state politicians will look to fill next year may be bigger than commonly reported.
A new report from the National Conference of State Legislatures on budget conditions in the 50 states and Puerto Rico puts the hole North Carolina is facing at more than $3.8 billion, or 20.3 percent of current budget. NCSL collected information for its report from legislative fiscal offices.
In North Carolina, you start at $3.2 billion, which comes from the loss of federal stimulus money and the expiration of temporary state sales taxes and income tax surcharges.
Here's the rest:
In addition to the previously reported gap estimate of $3.2 billion is an increase of $300 million for the state retirement system, $181.6 million for the health plan for state employees and retirees and $164 million of education enrollment growth ($34 million for community colleges, $55 million for the UNC system and $75 million for K-12 education). Medicaid enrollment growth in FY 2012 is unknown at this time. It should be noted that the general fund base is FY 2011 and does not include ARRA funds.
Gov. Bev Perdue is going to talk about government reorganization tomorrow, offering something of a nonspecific preview to the budget she'll present early next year.
Bigger budget hole
Submitted by lbonner on 2010-12-08 10:39
Tags: Under the Dome | Bev Perdue | budget | legislature | National Conference of State Legislatures
Is it $3.2 billion? $3.5?
The budget hole state politicians will look to fill next year may be bigger than commonly reported.
A new report from the National Conference of State Legislatures on budget conditions in the 50 states and Puerto Rico puts the hole North Carolina is facing at more than $3.8 billion, or 20.3 percent of current budget. NCSL collected information for its report from legislative fiscal offices.
In North Carolina, you start at $3.2 billion, which comes from the loss of federal stimulus money and the expiration of temporary state sales taxes and income tax surcharges.
Here's the rest:
In addition to the previously reported gap estimate of $3.2 billion is an increase of $300 million for the state retirement system, $181.6 million for the health plan for state employees and retirees and $164 million of education enrollment growth ($34 million for community colleges, $55 million for the UNC system and $75 million for K-12 education). Medicaid enrollment growth in FY 2012 is unknown at this time. It should be noted that the general fund base is FY 2011 and does not include ARRA funds.
Gov. Bev Perdue is going to talk about government reorganization tomorrow, offering something of a nonspecific preview to the budget she'll present early next year.
Tuesday, December 7, 2010
NCGA: Joint Legislative Oversight Committee Meeting MH/DD/SAS Agenda
On Wednesday, the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities and Substance Abuse Services will meet. This is the draft agenda for the meeting.
AGENDA
December 8, 2010 10:00 A.M.; Room 643, Legislative Office Building
Senator Martin Nesbitt, Co-Chair, Presiding
10:00
Welcome and Opening Remarks Senator Martin Nesbitt, Co-Chair
Representative Verla Insko, Co-Chair
10:00-10:15
Secretary's Remarks
Lanier Cansler, Secretary
Department of Health and Human Services
10:15-10:45
ICF-MR Cost Analysis and Comparison w/
CAP/MRDD Services
Steve Jordan, Director,
Division of Mental Health, Developmental
Disabilities, & Substance Abuse Services
10:45-11:15
State Operated Developmental Centers -Carol Donin, Team Leader, Developmental
Centers, Division of State Operated Health Care Facilities, DHHS
Dr. Aleck Myers, Director. Murdoch Center
11:15-11:45
Residential Services for Children
Ages 0-6 with DD - Presenter,TBD
11:45-12:00
Update on Medicaid Waiver for
Traumatic Brain Injury Kelly Crosbie, LCSW, Behavioral Health Mgr.
Division of Medical Assistance, DHHS
LUNCH
1:00-1:30
Transfer of Utilization Review to LMEs
CAP/MRDD Services Kelly Crosbie, LCSW, Behavioral Health Mgr. Division of Medical Assistance, DHHS
1:30-2:00
Mobile Crisis- Service Gaps Beth Melcher, Ph.D, Asst. Secretary for Mental
Health, Developmental Disabilities, & Substance Abuse Service Development, DHHS
2:00-2:30
Post-Hospitalization Continuity of Care Peter E. Rives, Care Coordination Manager, CenterPointe Human Services LME
2:30-3:00 Public Comments
3:00 Closing Comments & Adjournment
AGENDA
December 8, 2010 10:00 A.M.; Room 643, Legislative Office Building
Senator Martin Nesbitt, Co-Chair, Presiding
10:00
Welcome and Opening Remarks Senator Martin Nesbitt, Co-Chair
Representative Verla Insko, Co-Chair
10:00-10:15
Secretary's Remarks
Lanier Cansler, Secretary
Department of Health and Human Services
10:15-10:45
ICF-MR Cost Analysis and Comparison w/
CAP/MRDD Services
Steve Jordan, Director,
Division of Mental Health, Developmental
Disabilities, & Substance Abuse Services
10:45-11:15
State Operated Developmental Centers -Carol Donin, Team Leader, Developmental
Centers, Division of State Operated Health Care Facilities, DHHS
Dr. Aleck Myers, Director. Murdoch Center
11:15-11:45
Residential Services for Children
Ages 0-6 with DD - Presenter,TBD
11:45-12:00
Update on Medicaid Waiver for
Traumatic Brain Injury Kelly Crosbie, LCSW, Behavioral Health Mgr.
Division of Medical Assistance, DHHS
LUNCH
1:00-1:30
Transfer of Utilization Review to LMEs
CAP/MRDD Services Kelly Crosbie, LCSW, Behavioral Health Mgr. Division of Medical Assistance, DHHS
1:30-2:00
Mobile Crisis- Service Gaps Beth Melcher, Ph.D, Asst. Secretary for Mental
Health, Developmental Disabilities, & Substance Abuse Service Development, DHHS
2:00-2:30
Post-Hospitalization Continuity of Care Peter E. Rives, Care Coordination Manager, CenterPointe Human Services LME
2:30-3:00 Public Comments
3:00 Closing Comments & Adjournment
Tuesday, November 30, 2010
NC News: Leadership Changes for the New General Assembly
As we begin to prepare for the upcoming legislative session new leaders are beginning to emerge.
In the House, the GOP leadership met before Thanksgiving to caucus on their choice for Speaker of the House. Representative Thom Tillis (Mecklenburg) emerged as the new leader of the House. Representative Paul "Skip" Stam (Wake) will be the new majority leader.
In the Senate, the Senate Pro-Tempore will be Senator Phil Berger (Guilford,Rockingham) and the majority leader with be Senator Harry Brown (Jones, Onslow). The rules chair position will fall to Senator Tom Apodaca(Buncombe, Henderson, Polk).
More leadership positions will be announced over the next few weeks as we move closer to the start of session.
In the House, the GOP leadership met before Thanksgiving to caucus on their choice for Speaker of the House. Representative Thom Tillis (Mecklenburg) emerged as the new leader of the House. Representative Paul "Skip" Stam (Wake) will be the new majority leader.
In the Senate, the Senate Pro-Tempore will be Senator Phil Berger (Guilford,Rockingham) and the majority leader with be Senator Harry Brown (Jones, Onslow). The rules chair position will fall to Senator Tom Apodaca(Buncombe, Henderson, Polk).
More leadership positions will be announced over the next few weeks as we move closer to the start of session.
Monday, November 29, 2010
NC News: N&O Article US Department of Justice Open Probe of NC Mental Health System
On the Wednesday before the Thanksgiving holiday, the N&O Under the Dome reported that the U.S. DOJ will be investigating the North Carolina Mental Health system. Here is the article:
Feds launch probe of N.C. mental health system
RALEIGH The U.S. Justice Department has opened a formal investigation into North Carolina's struggling mental health system, the first step in a process that could trigger a federal edict for sweeping reform.
The probe is the result of a complaint filed in July by the advocacy group Disability Rights North Carolina, which contends that the state is violating the Americans With Disabilities Act for failing to provide proper housing for people with mental illness.
Nearly a decade after the state Department of Health and Human Services closed thousands of beds in government-run psychiatric hospitals as part of a reform effort, more than 6,400 people with severe mental illness are housed in adult care homes scattered across the state, living in sometimes squalid and dangerous conditions.
The mental patients, their care typically paid for with taxpayer money, are often far younger than the elderly residents with whom they are housed. In the last two years, at least four residents with mental illness have been killed by fellow patients who had histories of severe mental illness and violence.
Vicki Smith, the executive director of Disability Rights, said the federal investigation could force the state to take actions to fix the mistakes made during North Carolina’s 2001 reform effort, which has also resulted in people with mental illness routinely languishing for days in emergency rooms because no bed in a psychiatric facility is available.
Word of the federal investigation also comes as the state is debating further cuts to the state’s mental health system and moving to close Dorothea Dix Hospital.
“Now DHHS is going to have to answer a whole series of questions about why mental health reform has failed,” Smith said. “This is huge, from our point of view. Huge.”
The Justice Department informed the state of its pending investigation through a five page letter received by DHHS administrators in Raleigh on Thursday. However, the state department did not publically reveal the news until it issued a three-sentence media release earlier today, hours before the start of the Thanksgiving Holiday.
Renee McCoy, a spokeswoman for the state agency, said there would be no comment beyond the media release, which said the state will “work with the Department of Justice to provide all necessary documents and information in response to the complaint.”
Feds launch probe of N.C. mental health system
RALEIGH The U.S. Justice Department has opened a formal investigation into North Carolina's struggling mental health system, the first step in a process that could trigger a federal edict for sweeping reform.
The probe is the result of a complaint filed in July by the advocacy group Disability Rights North Carolina, which contends that the state is violating the Americans With Disabilities Act for failing to provide proper housing for people with mental illness.
Nearly a decade after the state Department of Health and Human Services closed thousands of beds in government-run psychiatric hospitals as part of a reform effort, more than 6,400 people with severe mental illness are housed in adult care homes scattered across the state, living in sometimes squalid and dangerous conditions.
The mental patients, their care typically paid for with taxpayer money, are often far younger than the elderly residents with whom they are housed. In the last two years, at least four residents with mental illness have been killed by fellow patients who had histories of severe mental illness and violence.
Vicki Smith, the executive director of Disability Rights, said the federal investigation could force the state to take actions to fix the mistakes made during North Carolina’s 2001 reform effort, which has also resulted in people with mental illness routinely languishing for days in emergency rooms because no bed in a psychiatric facility is available.
Word of the federal investigation also comes as the state is debating further cuts to the state’s mental health system and moving to close Dorothea Dix Hospital.
“Now DHHS is going to have to answer a whole series of questions about why mental health reform has failed,” Smith said. “This is huge, from our point of view. Huge.”
The Justice Department informed the state of its pending investigation through a five page letter received by DHHS administrators in Raleigh on Thursday. However, the state department did not publically reveal the news until it issued a three-sentence media release earlier today, hours before the start of the Thanksgiving Holiday.
Renee McCoy, a spokeswoman for the state agency, said there would be no comment beyond the media release, which said the state will “work with the Department of Justice to provide all necessary documents and information in response to the complaint.”
Friday, November 19, 2010
NC News: N&O Article More Information on Investigation at J Iverson Riddle Developmental Center
Longtime abuses feared at state home for disabled
RALEIGH Investigators probing the abuse of residents of a state-run home for people with mental disabilities in Morganton are studying records of unexplained injuries going back years.
The state Department of Health and Human Services announced this week that eight state workers were fired and a temporary employee dismissed over a case of abuse on Oct. 24. Two workers were fired for abusing residents, while others were dismissed for failing to report the abuse or falsifying medical records to cover up the cause of the injuries.
On Thursday, the department confirmed that the abuse of residents at the J. Iverson Riddle Developmental Center could be more widespread than the incident last month, during which a resident suffered a fractured toe, bruises and abrasions.
On Sept. 26, a resident sustained a fractured finger that is now alleged to have been caused by a staff member.
The abuse allegations center on Hemlock House, a residence for adults with such severe cognitive impairments they need staff assistance with routine tasks such as eating, bathing and brushing their teeth. Some of the residents can't speak.
The families of the residents injured in September and October have been notified of the investigation, said Mark Van Sciver, a spokesman for DHHS.
In a written statement, the spokesman said that employees interviewed during the preliminary investigation raised questions about past injuries that had previously been reported as being of "unknown origin." Resident injuries written up as accidents are also now being re-examined, Van Sciver said.
No criminal charges have been filed. The agency has also not released the names of the employees fired.
In a written statement, Riddle Center Director Art Robarge said Thursday that he wanted to send a clear message to his staff that it is never acceptable for an employee to observe abuse and then fail to report it.
"I will do everything in my power to ensure that those who failed to report these incidents cannot hide behind the claim of being afraid of retribution as their reason for failure to report," Robarge said. "This kind of failure to carry out duties to protect our most vulnerable population is inexcusable and will not be tolerated."
RALEIGH Investigators probing the abuse of residents of a state-run home for people with mental disabilities in Morganton are studying records of unexplained injuries going back years.
The state Department of Health and Human Services announced this week that eight state workers were fired and a temporary employee dismissed over a case of abuse on Oct. 24. Two workers were fired for abusing residents, while others were dismissed for failing to report the abuse or falsifying medical records to cover up the cause of the injuries.
On Thursday, the department confirmed that the abuse of residents at the J. Iverson Riddle Developmental Center could be more widespread than the incident last month, during which a resident suffered a fractured toe, bruises and abrasions.
On Sept. 26, a resident sustained a fractured finger that is now alleged to have been caused by a staff member.
The abuse allegations center on Hemlock House, a residence for adults with such severe cognitive impairments they need staff assistance with routine tasks such as eating, bathing and brushing their teeth. Some of the residents can't speak.
The families of the residents injured in September and October have been notified of the investigation, said Mark Van Sciver, a spokesman for DHHS.
In a written statement, the spokesman said that employees interviewed during the preliminary investigation raised questions about past injuries that had previously been reported as being of "unknown origin." Resident injuries written up as accidents are also now being re-examined, Van Sciver said.
No criminal charges have been filed. The agency has also not released the names of the employees fired.
In a written statement, Riddle Center Director Art Robarge said Thursday that he wanted to send a clear message to his staff that it is never acceptable for an employee to observe abuse and then fail to report it.
"I will do everything in my power to ensure that those who failed to report these incidents cannot hide behind the claim of being afraid of retribution as their reason for failure to report," Robarge said. "This kind of failure to carry out duties to protect our most vulnerable population is inexcusable and will not be tolerated."
Thursday, November 18, 2010
NC News: N&O Article on 9 Fired After Abuse Report at State Home
9 fired after abuse report at state home
Nine workers at a state home for people with developmental disabilities in Morganton have been fired after an alleged case of abuse and the failure to report patient injuries.
The employees at J. Iverson Riddle Developmental Center were placed on leave after a series of incidents that took place the weekend of Oct. 22, according to a news release issued by the state Department of Health and Human Services. The nine workers were fired after an internal investigation.
The state did not release the names of the workers fired, but the release said they included two developmental disabilities trainers terminated after allegations of abuse against them were substantiated. A licensed practical nurse, a temporary employee and four developmental disabilities trainers also were fired for failing to report abuse; and one developmental disabilities trainer was terminated for falsification of records and failing to report abuse.
"Any situation or incident involving the injury of any person in our care is treated with an immediate and thorough investigation," Art Robarge, the facility director, stated in the release.
"We have pursued this investigation vigorously and will take whatever steps we need to protect the dignity and safety of our residents. This facility has a long-standing policy that any and all cases of abuse must be reported immediately without exception."
A criminal investigation of the abuse was initiated by Broughton Public Safety, the internal police department at the state mental hospital next to the Riddle Center. Based on the center's internal investigation, officials with the Burke County Department of Social Services were notified and have referred information to the district attorney for possible prosecution.
Mark Van Sciver, a DHHS spokesman, said no criminal charges had been filed.
Nine workers at a state home for people with developmental disabilities in Morganton have been fired after an alleged case of abuse and the failure to report patient injuries.
The employees at J. Iverson Riddle Developmental Center were placed on leave after a series of incidents that took place the weekend of Oct. 22, according to a news release issued by the state Department of Health and Human Services. The nine workers were fired after an internal investigation.
The state did not release the names of the workers fired, but the release said they included two developmental disabilities trainers terminated after allegations of abuse against them were substantiated. A licensed practical nurse, a temporary employee and four developmental disabilities trainers also were fired for failing to report abuse; and one developmental disabilities trainer was terminated for falsification of records and failing to report abuse.
"Any situation or incident involving the injury of any person in our care is treated with an immediate and thorough investigation," Art Robarge, the facility director, stated in the release.
"We have pursued this investigation vigorously and will take whatever steps we need to protect the dignity and safety of our residents. This facility has a long-standing policy that any and all cases of abuse must be reported immediately without exception."
A criminal investigation of the abuse was initiated by Broughton Public Safety, the internal police department at the state mental hospital next to the Riddle Center. Based on the center's internal investigation, officials with the Burke County Department of Social Services were notified and have referred information to the district attorney for possible prosecution.
Mark Van Sciver, a DHHS spokesman, said no criminal charges had been filed.
Hill Report: National Council on Disability Celebrates 35 Years of the IDEA
National Council on Disability Celebrates 35 Years of the Individuals with Disabilities Education Act
WASHINGTON, Nov. 17, 2010 /PRNewswire-USNewswire/ --The National Council on Disability (NCD) celebrates 35 years of the Individuals with Disabilities Education Act (IDEA), a law designed to ensure a free and appropriate public education for every child with a disability.
Prior to the law's enactment, millions of students with disabilities were excluded from the public school system and were denied access to a public education. In 1975, Congress enacted and President Gerald Ford signed the Education for All Handicapped Children Act, one of the most important civil rights laws ever written. The central premise of this federal law, now known as IDEA, is that all children with disabilities have a federally protected civil right to a free appropriate public education that meets their education and related services needs in the least restrictive environment.
Read more here.
WASHINGTON, Nov. 17, 2010 /PRNewswire-USNewswire/ --The National Council on Disability (NCD) celebrates 35 years of the Individuals with Disabilities Education Act (IDEA), a law designed to ensure a free and appropriate public education for every child with a disability.
Prior to the law's enactment, millions of students with disabilities were excluded from the public school system and were denied access to a public education. In 1975, Congress enacted and President Gerald Ford signed the Education for All Handicapped Children Act, one of the most important civil rights laws ever written. The central premise of this federal law, now known as IDEA, is that all children with disabilities have a federally protected civil right to a free appropriate public education that meets their education and related services needs in the least restrictive environment.
Read more here.
Wednesday, November 17, 2010
NC News: N&O Article on State Health Plan
State could shift health plan oversight
RALEIGH Oversight of the financially strapped North Carolina health insurance plan for 665,000 state employees, retirees and their dependents should shift from the General Assembly to an executive branch agency to operate it more efficiently, a legislative task force concluded Tuesday.
The panel, made up of lawmakers, state officials, health experts and state employee advocates, also agreed the State Health Plan for Teachers and State Employees needs a strong and independent governing board that can make policy decisions and hire and fire the plan's chief executive officer.
State law right now gives the final say on the chief executive to the chairmen of the legislature's oversight committee, which also has become more involved micromanaging plan benefits to help fill gaping fiscal holes between premiums and more than $2.5 billion in health care expenses annually. The legislature approved a $675 million bailout of the plan last year that raised premiums for dependents and eroded benefits.
An outside consultant's report said the current structure of the plan as an independent agency doesn't ensure adequate oversight and monitoring, and the plan's current trustee board is too weak.
The proposal would make the health plan just like any other state agency that would have to seek funding annually, said Rep. Hugh Holliman, a Democrat from Lexington who is a co-chairman of the task force and the current oversight committee. But Holliman said it's clear day-to-day operations shouldn't be performed by the legislature.
Critics of the health plan said shifting oversight to the executive branch and creating a board with more authority would give health experts greater influence and limit political interference that has led to a poorly run plan.
Holliman warned that shifting the plan to the executive branch won't eliminate increasing health care expenses for state employees and their dependents. The plan could require an additional $572 million through mid-2013 to maintain current benefit levels and handle more patients, according to the legislature's analysts.
Rep. Dale Folwell, a Winston-Salem Republican who is a likely leader on State Health Plan issues in the new GOP majority next year, was displeased because the recommendation didn't discuss how to reduce the state's $33 billion unfunded liability for the projected medical expenses of state government retirees.
RALEIGH Oversight of the financially strapped North Carolina health insurance plan for 665,000 state employees, retirees and their dependents should shift from the General Assembly to an executive branch agency to operate it more efficiently, a legislative task force concluded Tuesday.
The panel, made up of lawmakers, state officials, health experts and state employee advocates, also agreed the State Health Plan for Teachers and State Employees needs a strong and independent governing board that can make policy decisions and hire and fire the plan's chief executive officer.
State law right now gives the final say on the chief executive to the chairmen of the legislature's oversight committee, which also has become more involved micromanaging plan benefits to help fill gaping fiscal holes between premiums and more than $2.5 billion in health care expenses annually. The legislature approved a $675 million bailout of the plan last year that raised premiums for dependents and eroded benefits.
An outside consultant's report said the current structure of the plan as an independent agency doesn't ensure adequate oversight and monitoring, and the plan's current trustee board is too weak.
The proposal would make the health plan just like any other state agency that would have to seek funding annually, said Rep. Hugh Holliman, a Democrat from Lexington who is a co-chairman of the task force and the current oversight committee. But Holliman said it's clear day-to-day operations shouldn't be performed by the legislature.
Critics of the health plan said shifting oversight to the executive branch and creating a board with more authority would give health experts greater influence and limit political interference that has led to a poorly run plan.
Holliman warned that shifting the plan to the executive branch won't eliminate increasing health care expenses for state employees and their dependents. The plan could require an additional $572 million through mid-2013 to maintain current benefit levels and handle more patients, according to the legislature's analysts.
Rep. Dale Folwell, a Winston-Salem Republican who is a likely leader on State Health Plan issues in the new GOP majority next year, was displeased because the recommendation didn't discuss how to reduce the state's $33 billion unfunded liability for the projected medical expenses of state government retirees.
Monday, November 15, 2010
Monday Quick Hits: Hot Policy Topics for This Week
A start of a new week of interim meetings is happening this week. Of interest, is the fact that these interim committees are currently chaired by Democrat leadership. With the swing to Republican leadership in both the House and Senate, these meetings are taking on a different task. Multiple times during the Joint Legislative Oversight Committee on MH/DD/SAS there were comments from the chair regarding what the new leaders will need to look at and what challenges they face. We expect that to continue over the next two months.
Also of interest, the NC GOP members in the House and Senate will be holding their caucus on November 20th. During their caucus they will choose the new Speaker of the House and the new Senate President Pro Tempore. We will report on these choices once they are released.
Until then, here is the calendar for the week:
Tuesday, November 16, 2010
10:00 AM Blue Ribbon Taskforce on State Health Plan 1228/1327 LB
Wednesday, November 17, 2010
9:00 AM Joint Legislative Program Evaluation Oversight Committee 544 LOB
Thursday, November 18, 2010
10:00 AM Child Fatality Task Force - Perinatal Health Committee 1027/1128 LB
10:00 AM Subcommittee on Domestic Violence Funding 1425 LB
10:00 AM Childhood Obestity Taskforce Planning Meeting 415 LOB
2:00 PM Urban Growth Study Committee 1027/1128 LB
Also of interest, the NC GOP members in the House and Senate will be holding their caucus on November 20th. During their caucus they will choose the new Speaker of the House and the new Senate President Pro Tempore. We will report on these choices once they are released.
Until then, here is the calendar for the week:
Tuesday, November 16, 2010
10:00 AM Blue Ribbon Taskforce on State Health Plan 1228/1327 LB
Wednesday, November 17, 2010
9:00 AM Joint Legislative Program Evaluation Oversight Committee 544 LOB
Thursday, November 18, 2010
10:00 AM Child Fatality Task Force - Perinatal Health Committee 1027/1128 LB
10:00 AM Subcommittee on Domestic Violence Funding 1425 LB
10:00 AM Childhood Obestity Taskforce Planning Meeting 415 LOB
2:00 PM Urban Growth Study Committee 1027/1128 LB
Friday, November 5, 2010
NCGA: Joint Legislative Oversight Committee Meeting MH/DD/SAS Agenda
On Tuesday, November 9th the Joint Legislative Oversight Committee on MH, DD, SAS will meet. Here is the proposed agenda:
Joint Legislative Oversight Committee on
Mental Health, Developmental Disabilities, & Substance Abuse Services
AGENDA
November 9, 2010 10:00 A.M.; Room 643, Legislative Office Building
Representative Verla Insko, Co-Chair, Presiding
10:00 Welcome and Opening Remarks Senator Martin Nesbitt, Co-Chair Representative Verla Insko, Co-Chair
10:00-10:30 Secretary's Remarks
Dorothea Dix Closure Lanier Cansler, Secretary
Department of Health and Human Services
10:30-10:45 Expenditures & Utilization Tracking Update
Dr. Craigan Gray, Director Division of Medical Assistance, DHHS
10:45-11:15 LME Presentation/TASC
Mr. Mike Kupecki, Assistant Area Director East Carolina Behavioral Health
Michael Gray the Vice President of Region 3 TASC, Partnership for Drug Free NC and
Vice President of National TASC
Karen V. Chapple, Executive Vice President of Coastal Horizons Center and Immediate Past President of National TASC.
11:15-11:45 Three-Way Contracts Update
Mr. Mike Watson, Deputy Secretary for Health Services, DHHS
11:45-12:45 Lunch
12:45-1:45 ICF-MR Cost Analysis and Comparison w/ CAP/MRDD Services
Steve Jordan, Director, Division of Mental Health, Developmental Disabilities, & Substance Abuse Services, DHHS
1:45-2:15 Overview of the DD Waiting List
Rose Burnette, DD Project Manager Division of Mental Health, Developmental Disabilities, & Substance Abuse Services, DHHS
2:15-2:45 Update on CAP-MR/DD Tiered Waivers
Rose Burnette, DD Project Manager, Division of Mental Health, Developmental Disabilities, & Substance Abuse Services, DHHS
2:45-3:00 Public Comments
3:00 Closing Comments & Adjournment
Joint Legislative Oversight Committee on
Mental Health, Developmental Disabilities, & Substance Abuse Services
AGENDA
November 9, 2010 10:00 A.M.; Room 643, Legislative Office Building
Representative Verla Insko, Co-Chair, Presiding
10:00 Welcome and Opening Remarks Senator Martin Nesbitt, Co-Chair Representative Verla Insko, Co-Chair
10:00-10:30 Secretary's Remarks
Dorothea Dix Closure Lanier Cansler, Secretary
Department of Health and Human Services
10:30-10:45 Expenditures & Utilization Tracking Update
Dr. Craigan Gray, Director Division of Medical Assistance, DHHS
10:45-11:15 LME Presentation/TASC
Mr. Mike Kupecki, Assistant Area Director East Carolina Behavioral Health
Michael Gray the Vice President of Region 3 TASC, Partnership for Drug Free NC and
Vice President of National TASC
Karen V. Chapple, Executive Vice President of Coastal Horizons Center and Immediate Past President of National TASC.
11:15-11:45 Three-Way Contracts Update
Mr. Mike Watson, Deputy Secretary for Health Services, DHHS
11:45-12:45 Lunch
12:45-1:45 ICF-MR Cost Analysis and Comparison w/ CAP/MRDD Services
Steve Jordan, Director, Division of Mental Health, Developmental Disabilities, & Substance Abuse Services, DHHS
1:45-2:15 Overview of the DD Waiting List
Rose Burnette, DD Project Manager Division of Mental Health, Developmental Disabilities, & Substance Abuse Services, DHHS
2:15-2:45 Update on CAP-MR/DD Tiered Waivers
Rose Burnette, DD Project Manager, Division of Mental Health, Developmental Disabilities, & Substance Abuse Services, DHHS
2:45-3:00 Public Comments
3:00 Closing Comments & Adjournment
NC News: WRAL Reports on GOP and State Budget Cuts
WRAL Article: GOP warning of impending budget cuts alarms some
Posted: 5:43 p.m. yesterday
Updated: 6:34 p.m. yesterday
Top Republican lawmakers say their plans to balance the state budget next year solely through spending cuts will likely be painful for many people.
Fiscal analysts have projected a budget deficit of more than $3 billion, and Republican leaders in the General Assembly said after their election victories Tuesday that they want to reduce the budget to about $16 billion from the $19 billion spending plan passed in June.
House Minority Whip Thom Tillis, a potential candidate to become the next House speaker, said Wednesday that the cuts could lead to "legitimate, sad stories about people who may end up suffering."
Ellen Russell, director of advocacy and chapter support at The ARC of North Carolina, which serves people with mental retardation and other developmental disabilities, warned Thursday of the ripple effect from drastic state cuts.
"It is terrifying to us because there are 7,000 people with intellectual and developmental disabilities on the waiting list (for service) in this state now," Russell said. "There are (also) a lot of people employed in the field of services for people with mental health, developmental disabilities and substance abuse services."
In addition to eliminating nonprofit positions, there is also concern that cuts could lead to widespread layoffs among state workers.
Dana Cope, executive director of the State Employees Association of North Carolina, said there are areas in the state budget that can be cut, but state jobs is not one of them.
"The folks who've been out of power who now assume power are going to have a good education in what it takes to run government," Cope said of the Republicans. "They will feel the wrath not only of public employees, but they're going to feel the wrath of taxpayers who have come to depend on those quality public services."
University of North Carolina President Erskine Bowles even suggested that deep budget cuts could force the closure of one of the UNC system's 16 university campuses.
Staff at the campuses have been drafting budget scenarios for the UNC Board of Governors to give them options for cutting 5 to 10 percent of the system budget next year.
A 10 percent cut would be about $270 million, and Bowles said that would mean laying off about 1,800 faculty and staff members across the system.
Campuses would also have to increase class sizes and reduce the number of courses offered to handle the cuts, he said.
"Where it gets hard is if you have to go beyond that," he said. "Let's say we had a 20 to 30 percent cut. Then, you have to start looking at some real extremes. Are you better to really damage the entire quality across the board, or are you better off talking about closing down one campus?"
Bowles said such a move isn't being contemplated now, but it might be considered if proposed spending cuts become deeper.
The Board of Governors is expected to vote Friday on a budget proposal to send to lawmakers.
Reporters: Bruce Mildwurf, Erin Hartness
Photographers: Terry Cantrell, Pete James
Web Editor: Matthew Burns
Posted: 5:43 p.m. yesterday
Updated: 6:34 p.m. yesterday
Top Republican lawmakers say their plans to balance the state budget next year solely through spending cuts will likely be painful for many people.
Fiscal analysts have projected a budget deficit of more than $3 billion, and Republican leaders in the General Assembly said after their election victories Tuesday that they want to reduce the budget to about $16 billion from the $19 billion spending plan passed in June.
House Minority Whip Thom Tillis, a potential candidate to become the next House speaker, said Wednesday that the cuts could lead to "legitimate, sad stories about people who may end up suffering."
Ellen Russell, director of advocacy and chapter support at The ARC of North Carolina, which serves people with mental retardation and other developmental disabilities, warned Thursday of the ripple effect from drastic state cuts.
"It is terrifying to us because there are 7,000 people with intellectual and developmental disabilities on the waiting list (for service) in this state now," Russell said. "There are (also) a lot of people employed in the field of services for people with mental health, developmental disabilities and substance abuse services."
In addition to eliminating nonprofit positions, there is also concern that cuts could lead to widespread layoffs among state workers.
Dana Cope, executive director of the State Employees Association of North Carolina, said there are areas in the state budget that can be cut, but state jobs is not one of them.
"The folks who've been out of power who now assume power are going to have a good education in what it takes to run government," Cope said of the Republicans. "They will feel the wrath not only of public employees, but they're going to feel the wrath of taxpayers who have come to depend on those quality public services."
University of North Carolina President Erskine Bowles even suggested that deep budget cuts could force the closure of one of the UNC system's 16 university campuses.
Staff at the campuses have been drafting budget scenarios for the UNC Board of Governors to give them options for cutting 5 to 10 percent of the system budget next year.
A 10 percent cut would be about $270 million, and Bowles said that would mean laying off about 1,800 faculty and staff members across the system.
Campuses would also have to increase class sizes and reduce the number of courses offered to handle the cuts, he said.
"Where it gets hard is if you have to go beyond that," he said. "Let's say we had a 20 to 30 percent cut. Then, you have to start looking at some real extremes. Are you better to really damage the entire quality across the board, or are you better off talking about closing down one campus?"
Bowles said such a move isn't being contemplated now, but it might be considered if proposed spending cuts become deeper.
The Board of Governors is expected to vote Friday on a budget proposal to send to lawmakers.
Reporters: Bruce Mildwurf, Erin Hartness
Photographers: Terry Cantrell, Pete James
Web Editor: Matthew Burns
Thursday, November 4, 2010
Election 2010: Results Wrap Up
Election 2010: Results Wrap Up
The 2010 Election is over and now we know who will lead North Carolina during the next legislative session. After a very heated and hard fought campaign season, the North Carolina Republican party ended Tuesday night with control of both the House and Senate.
Here are the breakdown of numbers as compiled by the AARP-North Carolina.
Current General Assembly make up:
Senate – 30-20 Dem majority
House – 68-52 Dem majority
2011 General Assembly make up:
Senate – 31-19 GOP majority
House – 68-52 GOP majority
What this means for people with developmental and intellectual disabilities in North Carolina?
The first thing that will happen is that all of the major committees that we work with will have new leadership. We will see significant changes to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Service. In addition we will see a political structure where the state house will be run by Republicans while the Executive Branch will be run by Democrats.
Regardless of who leads the state house, real challenges remain. The state of North Carolina will be facing at least a $3.5 billion deficit as we begin the next legislative session. We will also be looking down line to the implementation of health care reform in our state. North Carolina continues to see significant unemployment numbers. These challenges and their solutions now fall on the shoulders of the Republican party.
Posted by Julia Leggett at 6:47 AM 0 comments
The 2010 Election is over and now we know who will lead North Carolina during the next legislative session. After a very heated and hard fought campaign season, the North Carolina Republican party ended Tuesday night with control of both the House and Senate.
Here are the breakdown of numbers as compiled by the AARP-North Carolina.
Current General Assembly make up:
Senate – 30-20 Dem majority
House – 68-52 Dem majority
2011 General Assembly make up:
Senate – 31-19 GOP majority
House – 68-52 GOP majority
What this means for people with developmental and intellectual disabilities in North Carolina?
The first thing that will happen is that all of the major committees that we work with will have new leadership. We will see significant changes to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Service. In addition we will see a political structure where the state house will be run by Republicans while the Executive Branch will be run by Democrats.
Regardless of who leads the state house, real challenges remain. The state of North Carolina will be facing at least a $3.5 billion deficit as we begin the next legislative session. We will also be looking down line to the implementation of health care reform in our state. North Carolina continues to see significant unemployment numbers. These challenges and their solutions now fall on the shoulders of the Republican party.
Posted by Julia Leggett at 6:47 AM 0 comments
Tuesday, November 2, 2010
We will be reporting all election results as they become available on our Election 2010 Blog. Please visit us tonight!
Here is where we will be!!
Here is where we will be!!
Election 2010: Today Is Election Day!!!!
Good Morning North Carolina! Today is Election Day!! The polls have been open for over an hour now and we encourage you to Go Vote!!!
Polls in North Carolina will be open from 6:30 AM until 7:30 PM.
If you need to know where your polling place is please visit the North Carolina Board of Election website.
If you are a North Carolinian with a disability here are your rights:
MY VOTING RIGHTS
As a voter with a disability I have the right to:
1) Not be denied my right due to a disability.
2) Vote if I am in line before the polls close.
3) Choose a person to help me, but this person cannot be my employer or an agent of my employer or union.
4) Be reassigned before the election to a site accessible to me.
WAYS TO VOTE
1) Voting inside the polling site…..usually accessible, but maybe not for all
2) Curbside voting….If you can get to the voting site, but can’t get into the building because of your disability, a poll worker can come to your vehicle.
3) Absentee Ballot by mail….Any registered voter is authorized to vote by mail using an absentee ballot.
4) Absentee One-Stop (No excuse)…Allows voters to vote in person ahead of the election by up to 19 days.
5) Satellite voting sites…Some counties establish a plan that allows voters with disabilities to vote at designated sites.
WHAT IF I HAVE TROUBLE
1) Laws protect your right to register and vote
2) Call the County Board of Elections and State Board of Elections
3) Call Disability Rights NC
4) You may always vote a provisional or contested ballot
If you have problems voting, please report the incident by calling:
The NC State Board of Elections at 866-522-4723.
Democracy North Carolina at 888-OUR-VOTE.
Polls in North Carolina will be open from 6:30 AM until 7:30 PM.
If you need to know where your polling place is please visit the North Carolina Board of Election website.
If you are a North Carolinian with a disability here are your rights:
MY VOTING RIGHTS
As a voter with a disability I have the right to:
1) Not be denied my right due to a disability.
2) Vote if I am in line before the polls close.
3) Choose a person to help me, but this person cannot be my employer or an agent of my employer or union.
4) Be reassigned before the election to a site accessible to me.
WAYS TO VOTE
1) Voting inside the polling site…..usually accessible, but maybe not for all
2) Curbside voting….If you can get to the voting site, but can’t get into the building because of your disability, a poll worker can come to your vehicle.
3) Absentee Ballot by mail….Any registered voter is authorized to vote by mail using an absentee ballot.
4) Absentee One-Stop (No excuse)…Allows voters to vote in person ahead of the election by up to 19 days.
5) Satellite voting sites…Some counties establish a plan that allows voters with disabilities to vote at designated sites.
WHAT IF I HAVE TROUBLE
1) Laws protect your right to register and vote
2) Call the County Board of Elections and State Board of Elections
3) Call Disability Rights NC
4) You may always vote a provisional or contested ballot
If you have problems voting, please report the incident by calling:
The NC State Board of Elections at 866-522-4723.
Democracy North Carolina at 888-OUR-VOTE.
Monday, November 1, 2010
Election 2010: Tomorrow is Election Day
If you did not take the opportunity to early vote, we encourage you to make plans to VOTE tomorrow, Tuesday November 2.
November 2, 2010 is Election Day in North Carolina. This is going to be a very important and very tight election. The reality is that every vote will count and every vote will have an impact!
We encourage you to vote!
If you need to locate your polling place, visit the State Board of Elections Polling Place Locator.
If you are a North Carolinian with a disability here are your rights:
MY VOTING RIGHTS
As a voter with a disability I have the right to:
1) Not be denied my right due to a disability.
2) Vote if I am in line before the polls close.
3) Choose a person to help me, but this person cannot be my employer or an agent of my employer or union.
4) Be reassigned before the election to a site accessible to me.
WAYS TO VOTE
1) Voting inside the polling site…..usually accessible, but maybe not for all
2) Curbside voting….If you can get to the voting site, but can’t get into the building because of your disability, a poll worker can come to your vehicle.
3) Absentee Ballot by mail….Any registered voter is authorized to vote by mail using an absentee ballot.
4) Absentee One-Stop (No excuse)…Allows voters to vote in person ahead of the election by up to 19 days.
5) Satellite voting sites…Some counties establish a plan that allows voters with disabilities to vote at designated sites.
WHAT IF I HAVE TROUBLE
1) Laws protect your right to register and vote
2) Call the County Board of Elections and State Board of Elections
3) Call Disability Rights NC
4) You may always vote a provisional or contested ballot
If you have problems voting, please report the incident by calling:
The NC State Board of Elections at 866-522-4723.
Democracy North Carolina at 888-OUR-VOTE.
November 2, 2010 is Election Day in North Carolina. This is going to be a very important and very tight election. The reality is that every vote will count and every vote will have an impact!
We encourage you to vote!
If you need to locate your polling place, visit the State Board of Elections Polling Place Locator.
If you are a North Carolinian with a disability here are your rights:
MY VOTING RIGHTS
As a voter with a disability I have the right to:
1) Not be denied my right due to a disability.
2) Vote if I am in line before the polls close.
3) Choose a person to help me, but this person cannot be my employer or an agent of my employer or union.
4) Be reassigned before the election to a site accessible to me.
WAYS TO VOTE
1) Voting inside the polling site…..usually accessible, but maybe not for all
2) Curbside voting….If you can get to the voting site, but can’t get into the building because of your disability, a poll worker can come to your vehicle.
3) Absentee Ballot by mail….Any registered voter is authorized to vote by mail using an absentee ballot.
4) Absentee One-Stop (No excuse)…Allows voters to vote in person ahead of the election by up to 19 days.
5) Satellite voting sites…Some counties establish a plan that allows voters with disabilities to vote at designated sites.
WHAT IF I HAVE TROUBLE
1) Laws protect your right to register and vote
2) Call the County Board of Elections and State Board of Elections
3) Call Disability Rights NC
4) You may always vote a provisional or contested ballot
If you have problems voting, please report the incident by calling:
The NC State Board of Elections at 866-522-4723.
Democracy North Carolina at 888-OUR-VOTE.
Wednesday, October 27, 2010
NC News: Important Headlines-Sterilization Victims Hotline
Hotline Number:
N.C. Justice for Sterilization Victims Foundation. 1-877-550-6013 (toll free in North Carolina) or 919-807-4270.
The hotline is open Monday through Thursday from 10:00 AM until 4:00 PM.
If you believe that you were a victim of North Carolina sterilization program you are encouraged to call this hotline.
Background:
In North Carolina 7,600 people were forcibly sterilized between 1929 and 1970’s. Many of those who were sterilized were young adults and teens with intellectual disabilities or mental illness. Many of the young women sterilized during the 1960’s were black women and girls.
North Carolina’s sterilization laws were repealed in July of 2003. At that time Governor Mike Easley apologized on behalf of the state for this practice.
Throughout the United States over 60,000 Americans were legally sterilized against their will during the 20th century.
“North Carolina Assembly Strikes Sterilization Law”, By Dave Reynolds, Inclusion Daily Express -July 22, 2003
News Articles:
Hotline launched to help state's eugenics victims
Posted by Lisa Sorg on Tue, Oct 26, 2010 at 3:48 PM
If you believe you were forcibly sterilized under the authority of the N.C. Eugenics Board, you can call a toll-free hotline for information about the program.
The N.C. Justice for Sterilization Victims Foundation is operating the hotline. The number is 1-877-550-6013 (toll-free in North Carolina) or 919-807-4270. It is open 10 a.m. to 4 p.m. Monday through Thursday.
The Eugenics Board program operated between 1929 and 1974. Persons impacted by the N.C. Eugenics Board program were born in or prior to 1961.
Read Indy Article Here.
Sterilization Victims Hotline (The Insider and The Associated Press Report)
The N.C. Justice for Sterilization Victims Foundation announced Tuesday the establishment of a toll-free number for callers to provide information and confirm the identification of someone who was sterilized under the authority of the North Carolina Eugenics Board. More than 7,600 people were sterilized by choice or coercion under the state program between 1933 and 1973. Callers will have to fill out a verification form. Gov. Beverly Perdue created the foundation to determine how to compensate victims. But there's no money set aside right now for that assistance. The foundation said verification doesn't guarantee the person will receive compensation.(THE ASSOCIATED PRESS, 10/26/10).
N.C. Justice for Sterilization Victims Foundation. 1-877-550-6013 (toll free in North Carolina) or 919-807-4270.
The hotline is open Monday through Thursday from 10:00 AM until 4:00 PM.
If you believe that you were a victim of North Carolina sterilization program you are encouraged to call this hotline.
Background:
In North Carolina 7,600 people were forcibly sterilized between 1929 and 1970’s. Many of those who were sterilized were young adults and teens with intellectual disabilities or mental illness. Many of the young women sterilized during the 1960’s were black women and girls.
North Carolina’s sterilization laws were repealed in July of 2003. At that time Governor Mike Easley apologized on behalf of the state for this practice.
Throughout the United States over 60,000 Americans were legally sterilized against their will during the 20th century.
“North Carolina Assembly Strikes Sterilization Law”, By Dave Reynolds, Inclusion Daily Express -July 22, 2003
News Articles:
Hotline launched to help state's eugenics victims
Posted by Lisa Sorg on Tue, Oct 26, 2010 at 3:48 PM
If you believe you were forcibly sterilized under the authority of the N.C. Eugenics Board, you can call a toll-free hotline for information about the program.
The N.C. Justice for Sterilization Victims Foundation is operating the hotline. The number is 1-877-550-6013 (toll-free in North Carolina) or 919-807-4270. It is open 10 a.m. to 4 p.m. Monday through Thursday.
The Eugenics Board program operated between 1929 and 1974. Persons impacted by the N.C. Eugenics Board program were born in or prior to 1961.
Read Indy Article Here.
Sterilization Victims Hotline (The Insider and The Associated Press Report)
The N.C. Justice for Sterilization Victims Foundation announced Tuesday the establishment of a toll-free number for callers to provide information and confirm the identification of someone who was sterilized under the authority of the North Carolina Eugenics Board. More than 7,600 people were sterilized by choice or coercion under the state program between 1933 and 1973. Callers will have to fill out a verification form. Gov. Beverly Perdue created the foundation to determine how to compensate victims. But there's no money set aside right now for that assistance. The foundation said verification doesn't guarantee the person will receive compensation.(THE ASSOCIATED PRESS, 10/26/10).
Tuesday, October 26, 2010
NC News: More Details on Medicaid Settlement
The Winston Salem Journal has an excellent break down on the $3.5 million Medicaid settlement.
N.C. Medicaid to get $3.5M
By RICHARD CRAVER | JOURNAL STAFF REPORT
Published: October 24, 2010
Raleigh, N.C. --
The N.C. Department of Health and Human Services says that the state Medicaid division will get more than $3.5 million from recent agreements with five pharmaceutical manufacturers to settle cases of kickbacks.
The five settlements total nearly $17.5 million. The federal government, which pays about 70 percent of N.C. Medicaid expenses, received most of the restitution.
The largest settlement was with AstraZenaca PLC for $13.8 million. N.C. Medicaid received about $2.4 million in restitution and interest, and the state’s public schools received $2.35 million in penalties.
Other pharmaceutical companies’ settlements with N.C. Medicaid are:
• $839,058 from Omnicare for a range of false-claims violations arising from its dealings with various nursing-home chains and drug manufacturers.
• $105,454 from Alpharma, the manufacturer of Kadian, for paying for resort trips for health-care providers. .
• $137,631 from IVAX Pharmaceuticals, a manufacturer of generics, for its dealings with Omnicare.
• $30,360 from Novartis, the manufacturer of TOBI, for alleged encouragement of off-label prescribing.
N.C. Medicaid to get $3.5M
By RICHARD CRAVER | JOURNAL STAFF REPORT
Published: October 24, 2010
Raleigh, N.C. --
The N.C. Department of Health and Human Services says that the state Medicaid division will get more than $3.5 million from recent agreements with five pharmaceutical manufacturers to settle cases of kickbacks.
The five settlements total nearly $17.5 million. The federal government, which pays about 70 percent of N.C. Medicaid expenses, received most of the restitution.
The largest settlement was with AstraZenaca PLC for $13.8 million. N.C. Medicaid received about $2.4 million in restitution and interest, and the state’s public schools received $2.35 million in penalties.
Other pharmaceutical companies’ settlements with N.C. Medicaid are:
• $839,058 from Omnicare for a range of false-claims violations arising from its dealings with various nursing-home chains and drug manufacturers.
• $105,454 from Alpharma, the manufacturer of Kadian, for paying for resort trips for health-care providers. .
• $137,631 from IVAX Pharmaceuticals, a manufacturer of generics, for its dealings with Omnicare.
• $30,360 from Novartis, the manufacturer of TOBI, for alleged encouragement of off-label prescribing.
Friday, October 22, 2010
NCGA: State Budget Deficit Update October
This week members of the Government Operations committee received an updated report from fiscal staff on the state of the budget deficit for fiscal year 2011.
The presentation stated that the overall economy is in a stagnant, slow growth pattern. This slow growth trend will be with us through the remainder of 2010 and well into 2011. This trend will also show elevated unemployment rates for all of 2011.
In a recent report the North Carolina unemployment rate dipped from 9.7% in August to 9.6% in September. However, new unemployment claims rose. This is what the report stated we should expect to see continue through all of 2011.
Overall collections through September are running $18 million below the $4.5 billion target due primarily to processing delays. Dr. Barry Boardman (fiscal research staff), stated that we are poised to turn the quarter on tax revenue collections but that is was to early to say we are off and going toward sustained growth.”
Even with all the tempered positives we are still facing between a $3.2 to $4 billion deficit as we enter into the 2011 fiscal year.
Here are some of the other statistics presented to the committee:
Sales Tax:
Starting in July collection declines came to an end as year-over-year collections were up in each month, but by less than 1% (baseline).
Withholding and Employment:
Recent withholding collections (wage & salary income taxes) offer a glimmer of hope that this key revenue source (40% of total General Fund revenue) is poised to move into positive growth territory.
Through September, net withholding (all wage & salary withholding less refunds) was down 0.5%. This time last year, net withholding was down by 3.5%.
How we get to a $3.2 – 4 Billion Deficit:
Total General Fund Availability for FY 2010-11 was $18.956 billion (S.L. 2010-31)
• Includes $1.6 billion in federal dollars (ARRA Funds)
• Includes $1.3 billion in temporary Sales Tax & Income Surtax
• Includes other one-time items totaling about $300 million
In addition to the $3.2 billion less in FY 2011-12 availability, the General Assembly will face:
• Mandated spending pressures from Medicaid and Public School Enrollment
• Additional spending pressures include
An estimated $572.4 million is needed over the next biennium to maintain
current benefit levels and anticipated growth in the State Health Plan;
Additional funds may be needed to increase the State’s employer contribution to the State Retirement System depending on the results of the System’s annual actuarial valuation. (This may possibly be as high as 1.2 billion)
Post-Secondary enrollment growth
To view the power point presentation on the budget update-go here.
The presentation stated that the overall economy is in a stagnant, slow growth pattern. This slow growth trend will be with us through the remainder of 2010 and well into 2011. This trend will also show elevated unemployment rates for all of 2011.
In a recent report the North Carolina unemployment rate dipped from 9.7% in August to 9.6% in September. However, new unemployment claims rose. This is what the report stated we should expect to see continue through all of 2011.
Overall collections through September are running $18 million below the $4.5 billion target due primarily to processing delays. Dr. Barry Boardman (fiscal research staff), stated that we are poised to turn the quarter on tax revenue collections but that is was to early to say we are off and going toward sustained growth.”
Even with all the tempered positives we are still facing between a $3.2 to $4 billion deficit as we enter into the 2011 fiscal year.
Here are some of the other statistics presented to the committee:
Sales Tax:
Starting in July collection declines came to an end as year-over-year collections were up in each month, but by less than 1% (baseline).
Withholding and Employment:
Recent withholding collections (wage & salary income taxes) offer a glimmer of hope that this key revenue source (40% of total General Fund revenue) is poised to move into positive growth territory.
Through September, net withholding (all wage & salary withholding less refunds) was down 0.5%. This time last year, net withholding was down by 3.5%.
How we get to a $3.2 – 4 Billion Deficit:
Total General Fund Availability for FY 2010-11 was $18.956 billion (S.L. 2010-31)
• Includes $1.6 billion in federal dollars (ARRA Funds)
• Includes $1.3 billion in temporary Sales Tax & Income Surtax
• Includes other one-time items totaling about $300 million
In addition to the $3.2 billion less in FY 2011-12 availability, the General Assembly will face:
• Mandated spending pressures from Medicaid and Public School Enrollment
• Additional spending pressures include
An estimated $572.4 million is needed over the next biennium to maintain
current benefit levels and anticipated growth in the State Health Plan;
Additional funds may be needed to increase the State’s employer contribution to the State Retirement System depending on the results of the System’s annual actuarial valuation. (This may possibly be as high as 1.2 billion)
Post-Secondary enrollment growth
To view the power point presentation on the budget update-go here.
NC News: Under the Dome-N.C. Shares in Medicaid Settlement
N.C. shares in Medicaid settlements-Under the Dome
Submitted by lbonner on 2010-10-20 17:18
North Carolina is sharing in nationwide Medicaid settlements with four drug companies and a nursing home pharmacy provider over alleged improper promotional activities, kickbacks, or improper attempts to sway doctors to prescribe a drug.
Most of the $17.5 million that's the state's share of the settlements will go to the federal government, which pays about 70 percent of the state's Medicaid costs. The public schools will get a share of two of the five settlements.
The largest settlement is with AstraZeneca to settle claims that it allegedly engaged in an off-label marketing campaign for a drug that treats schizophrenia and bipolar disorder. N.C. Medicaid is getting $2.4 million in the settlement, and the public schools get $2.35 million.
Omnicare, which provides pharmaceutical services to long-term care facilities, settled false-claim allegations arising from its dealings with various nursing home chains and drug manufacturers. N.C. Medicaid's share is $839,058.
Alpharma allegedly provided doctors with training programs and research grants, and made false claims about the drug, Kadian, to convince them to prescribe it. N.C. Medicaid's share is $105,454 and the schools get $105,837.
IVAX Pharmaceuticals, for alleged violations of kickback laws. N.C. Medicaid's share is $137,631.
Novartis allegedly encouraged off-label prescribing of a drug that treats lung infections. N.C. Medicaid's share of the settlement is $30,360.
Correction: North Carolina's share of federal settlements. N.C. Medicaid will keep $3.5 million.
Read more: http://projects.newsobserver.com/under_the_dome/nc_shares_in_medicaid_settlements#ixzz1368U6NOW S
Submitted by lbonner on 2010-10-20 17:18
North Carolina is sharing in nationwide Medicaid settlements with four drug companies and a nursing home pharmacy provider over alleged improper promotional activities, kickbacks, or improper attempts to sway doctors to prescribe a drug.
Most of the $17.5 million that's the state's share of the settlements will go to the federal government, which pays about 70 percent of the state's Medicaid costs. The public schools will get a share of two of the five settlements.
The largest settlement is with AstraZeneca to settle claims that it allegedly engaged in an off-label marketing campaign for a drug that treats schizophrenia and bipolar disorder. N.C. Medicaid is getting $2.4 million in the settlement, and the public schools get $2.35 million.
Omnicare, which provides pharmaceutical services to long-term care facilities, settled false-claim allegations arising from its dealings with various nursing home chains and drug manufacturers. N.C. Medicaid's share is $839,058.
Alpharma allegedly provided doctors with training programs and research grants, and made false claims about the drug, Kadian, to convince them to prescribe it. N.C. Medicaid's share is $105,454 and the schools get $105,837.
IVAX Pharmaceuticals, for alleged violations of kickback laws. N.C. Medicaid's share is $137,631.
Novartis allegedly encouraged off-label prescribing of a drug that treats lung infections. N.C. Medicaid's share of the settlement is $30,360.
Correction: North Carolina's share of federal settlements. N.C. Medicaid will keep $3.5 million.
Read more: http://projects.newsobserver.com/under_the_dome/nc_shares_in_medicaid_settlements#ixzz1368U6NOW S
Thursday, October 14, 2010
NC News: Reminder-Early Voting Starts Today
We encourage you to take advantage of Early Voting. This is an important election. The state of North Carolina is looking at a 3 to 4 billion dollar deficit in our state budget.
Take time to learn about the candidates and take any opportunity in your local communities to meet your candidates. Then vote!
Take time to learn about the candidates and take any opportunity in your local communities to meet your candidates. Then vote!
NC News: ACLU Files Lawsuit After Government Wrongfully Deports U.S. Citizen with Mental Disabilities
American Civil Liberties Union of North Carolina
Legal Foundation
P. O. Box 28004, Raleigh, NC 27611-8004
Phone: (919) 834-3466 Fax: (866) 511-1344 Email: aclunc@nc.rr.com
*** PRESS RELEASE *** PRESS RELEASE *** PRESS RELEASE ***
ACLU Files Lawsuits After Government Wrongfully Deports U.S. Citizen With Mental Disabilities
Case Highlights Lack Of Due Process In Immigration Detention System
FOR IMMEDIATE RELEASE:
October 13, 2010
RALEIGH – The American Civil Liberties Union, the ACLU of North Carolina, and the ACLU of Georgia today filed lawsuits in federal courts in North Carolina and Georgia on behalf of Mark Lyttle, a U.S. citizen of Puerto Rican descent with mental disabilities who was wrongfully deported to Mexico and forced to endure over four months of living on the streets and in the shelters and prisons of Mexico, Honduras, Nicaragua and Guatemala.
“What happened to Mark Lyttle is unconscionable,” said Judy Rabinovitz, Deputy Director of the ACLU Immigrants’ Rights Project. “Our Constitution and our laws demand fair treatment for people with mental disabilities in any court, including immigration courts. Pushing Mr. Lyttle through proceedings that he clearly couldn’t understand and then deporting him was not only inhumane but a gross violation of his due process rights. The complete lack of concern for the well-being of a man who would have obvious difficulties surviving on his own is truly appalling. What he suffered shouldn’t happen to anyone regardless of citizenship status.”
Lyttle’s entanglement with immigration authorities began when he was about to be released from a North Carolina jail where he was serving a short sentence for inappropriately touching a worker’s backside in a halfway house that serves individuals with mental disorders. Despite having ample evidence that Lyttle was a U.S. citizen – including his social security number, the names of his parents, his sworn statements that he was born in the United States and criminal record checks – officials from the North Carolina Department of Correction referred him to Immigration and Customs Enforcement (ICE) as an undocumented immigrant whose country of birth was Mexico. Lyttle had never been to Mexico, shared no Mexican heritage, spoke no Spanish and did not claim to be from Mexico.
The state of North Carolina has an agreement with ICE requiring state officials to report all incarcerated individuals whom they believe were born in other countries. ICE began investigating Lyttle and sent him to the Stewart Detention Facility, an immigration detention center in Lumpkin, Georgia, where he spent six weeks.
Although ICE knew of Lyttle’s long and documented history of mental disabilities and noted he did not comprehend the investigation of his status, he was not offered legal assistance and was deported to Mexico.
“Mark Lyttle was born right here in Rowan County, North Carolina,” said Katy Parker, Legal Director for the ACLU of North Carolina Legal Foundation. “There was plenty of evidence indicating that fact, and with the slightest bit of effort, the government could have confirmed his U.S. citizenship instead of shipping this poor man off to a country where he didn’t even speak the language.”
Lyttle was left alone and penniless in Mexico and unable to communicate in Spanish. Mexican authorities sent him to Honduras, where he was imprisoned and faced with guards who threatened to shoot him. Honduran officials sent him to Guatemala and, eventually, he made his way to the U.S. Embassy in Guatemala City. Within a day, embassy officials contacted one of Lyttle’s three brothers at the military base where he was serving, leading to Lyttle being issued a U.S. passport. His brother wired him money, and Lyttle was soon on a flight to Atlanta. Upon Lyttle’s arrival, border officials, seeing his history of ICE investigations, held and questioned him for several hours before letting him go.
During this four-month ordeal, Lyttle was unable to take his medications to treat his mental disabilities and was subject to cycles of manic activity and depression. He is now living in Griffin, Georgia, where he is recovering and receiving medication for his mental health problems.
“I didn’t think what happened to my brother could ever happen in America. We’re supposed to be protecting people’s rights and freedoms here,” said David Lyttle, one of Mark Lyttle’s brothers and who is currently living in South Carolina. “Nothing can take back what he suffered, but I hope this lawsuit prevents other people from going through the same thing he did.”
The lawsuits, filed by the ACLU in conjunction with lawyers at Troutman Sanders in Georgia and McKinney & Justice in North Carolina, seek damages and injunctive relief for violations of Lyttle’s constitutional rights to due process and equal protection.
Copies of today’s lawsuits are posted online.
The widespread failure of the Department of Homeland Security and the Department of Justice to implement a system to identify immigration detainees who have severe mental disabilities and provide them assistance throughout the detention and court process was recently documented in a report jointly published by the ACLU and Human Rights Watch. The report can be found at: www.aclu.org/human-rights/deportation-default-mental-disability-unfair-hearings-and-indefinite-detention-us-immig
Legal Foundation
P. O. Box 28004, Raleigh, NC 27611-8004
Phone: (919) 834-3466 Fax: (866) 511-1344 Email: aclunc@nc.rr.com
*** PRESS RELEASE *** PRESS RELEASE *** PRESS RELEASE ***
ACLU Files Lawsuits After Government Wrongfully Deports U.S. Citizen With Mental Disabilities
Case Highlights Lack Of Due Process In Immigration Detention System
FOR IMMEDIATE RELEASE:
October 13, 2010
RALEIGH – The American Civil Liberties Union, the ACLU of North Carolina, and the ACLU of Georgia today filed lawsuits in federal courts in North Carolina and Georgia on behalf of Mark Lyttle, a U.S. citizen of Puerto Rican descent with mental disabilities who was wrongfully deported to Mexico and forced to endure over four months of living on the streets and in the shelters and prisons of Mexico, Honduras, Nicaragua and Guatemala.
“What happened to Mark Lyttle is unconscionable,” said Judy Rabinovitz, Deputy Director of the ACLU Immigrants’ Rights Project. “Our Constitution and our laws demand fair treatment for people with mental disabilities in any court, including immigration courts. Pushing Mr. Lyttle through proceedings that he clearly couldn’t understand and then deporting him was not only inhumane but a gross violation of his due process rights. The complete lack of concern for the well-being of a man who would have obvious difficulties surviving on his own is truly appalling. What he suffered shouldn’t happen to anyone regardless of citizenship status.”
Lyttle’s entanglement with immigration authorities began when he was about to be released from a North Carolina jail where he was serving a short sentence for inappropriately touching a worker’s backside in a halfway house that serves individuals with mental disorders. Despite having ample evidence that Lyttle was a U.S. citizen – including his social security number, the names of his parents, his sworn statements that he was born in the United States and criminal record checks – officials from the North Carolina Department of Correction referred him to Immigration and Customs Enforcement (ICE) as an undocumented immigrant whose country of birth was Mexico. Lyttle had never been to Mexico, shared no Mexican heritage, spoke no Spanish and did not claim to be from Mexico.
The state of North Carolina has an agreement with ICE requiring state officials to report all incarcerated individuals whom they believe were born in other countries. ICE began investigating Lyttle and sent him to the Stewart Detention Facility, an immigration detention center in Lumpkin, Georgia, where he spent six weeks.
Although ICE knew of Lyttle’s long and documented history of mental disabilities and noted he did not comprehend the investigation of his status, he was not offered legal assistance and was deported to Mexico.
“Mark Lyttle was born right here in Rowan County, North Carolina,” said Katy Parker, Legal Director for the ACLU of North Carolina Legal Foundation. “There was plenty of evidence indicating that fact, and with the slightest bit of effort, the government could have confirmed his U.S. citizenship instead of shipping this poor man off to a country where he didn’t even speak the language.”
Lyttle was left alone and penniless in Mexico and unable to communicate in Spanish. Mexican authorities sent him to Honduras, where he was imprisoned and faced with guards who threatened to shoot him. Honduran officials sent him to Guatemala and, eventually, he made his way to the U.S. Embassy in Guatemala City. Within a day, embassy officials contacted one of Lyttle’s three brothers at the military base where he was serving, leading to Lyttle being issued a U.S. passport. His brother wired him money, and Lyttle was soon on a flight to Atlanta. Upon Lyttle’s arrival, border officials, seeing his history of ICE investigations, held and questioned him for several hours before letting him go.
During this four-month ordeal, Lyttle was unable to take his medications to treat his mental disabilities and was subject to cycles of manic activity and depression. He is now living in Griffin, Georgia, where he is recovering and receiving medication for his mental health problems.
“I didn’t think what happened to my brother could ever happen in America. We’re supposed to be protecting people’s rights and freedoms here,” said David Lyttle, one of Mark Lyttle’s brothers and who is currently living in South Carolina. “Nothing can take back what he suffered, but I hope this lawsuit prevents other people from going through the same thing he did.”
The lawsuits, filed by the ACLU in conjunction with lawyers at Troutman Sanders in Georgia and McKinney & Justice in North Carolina, seek damages and injunctive relief for violations of Lyttle’s constitutional rights to due process and equal protection.
Copies of today’s lawsuits are posted online.
The widespread failure of the Department of Homeland Security and the Department of Justice to implement a system to identify immigration detainees who have severe mental disabilities and provide them assistance throughout the detention and court process was recently documented in a report jointly published by the ACLU and Human Rights Watch. The report can be found at: www.aclu.org/human-rights/deportation-default-mental-disability-unfair-hearings-and-indefinite-detention-us-immig
Wednesday, October 13, 2010
NC News: Early Voting Starts Thursday, October 14th
Early Voting in North Carolina begins on Thursday, October 14th. We encourage you to take advantage of voting at Early Voting sites across North Carolina.
Here is the link to Early Voting Sites in North Carolina.
A reminder of your rights as a voter in North Carolina.
MY VOTING RIGHTS
As a voter with a disability I have the right to:
1) Not be denied my right due to a disability.
2) Vote if I am in line before the polls close.
3) Choose a person to help me, but this person cannot be my employer or an agent of my employer or union.
4) Be reassigned before the election to a site accessible to me.
WAYS TO VOTE
1) Voting inside the polling site…..usually accessible, but maybe not for all
2) Curbside voting….If you can get to the voting site, but can’t get into the building because of your disability, a poll worker can come to your vehicle.
3) Absentee Ballot by mail….Any registered voter is authorized to vote by mail using an absentee ballot.
4) Absentee One-Stop (No excuse)…Allows voters to vote in person ahead of the election by up to 19 days.
5) Satellite voting sites…Some counties establish a plan that allows voters with disabilities to vote at designated sites.
WHAT IF I HAVE TROUBLE
1) Laws protect your right to register and vote
2) Call the County Board of Elections and State Board of Elections
3) Call Disability Rights NC
4) You may always vote a provisional or contested ballot
Special Thanks to Disability Rights North Carolina for the Voting Rights information
Here is the link to Early Voting Sites in North Carolina.
A reminder of your rights as a voter in North Carolina.
MY VOTING RIGHTS
As a voter with a disability I have the right to:
1) Not be denied my right due to a disability.
2) Vote if I am in line before the polls close.
3) Choose a person to help me, but this person cannot be my employer or an agent of my employer or union.
4) Be reassigned before the election to a site accessible to me.
WAYS TO VOTE
1) Voting inside the polling site…..usually accessible, but maybe not for all
2) Curbside voting….If you can get to the voting site, but can’t get into the building because of your disability, a poll worker can come to your vehicle.
3) Absentee Ballot by mail….Any registered voter is authorized to vote by mail using an absentee ballot.
4) Absentee One-Stop (No excuse)…Allows voters to vote in person ahead of the election by up to 19 days.
5) Satellite voting sites…Some counties establish a plan that allows voters with disabilities to vote at designated sites.
WHAT IF I HAVE TROUBLE
1) Laws protect your right to register and vote
2) Call the County Board of Elections and State Board of Elections
3) Call Disability Rights NC
4) You may always vote a provisional or contested ballot
Special Thanks to Disability Rights North Carolina for the Voting Rights information
Tuesday, October 12, 2010
NCGA: Joint Legislative Oversight Committee Meeting MH/DD/SAS Agenda
Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, & Substance Abuse Services
AGENDA
October 13, 2010 9:30 A.M.; Room 643, Legislative Office Building
Representative Verla Insko, Co-Chair, Presiding
9:30 Welcome and Opening Remarks
Senator Martin Nesbitt, Co-Chair
Representative Verla Insko, Co-Chair
9:30-10:00 Secretary's Remarks Lanier Cansler, Secretary
Department of Health and Human Services
10:00-10:15 Expenditures & Utilization Tracking Update Craigan Gray, M.D., State Medicaid Director
Division of Medical Assistance
10:15-11:00 SIS Assessment Tool Pilot Project Rose Burnett
(Implementation of Sec. 10.6 of Budget Bill) DD Project Manager, DMH/DD/SAS
11:00-11:30 Independent Assessments/MH Services
(Implementation of Sec. 10.36 of Budget Bill) Beth Melcher, Ph.D.
Asst. Secretary for MHDDSA Services Development
11:30-11:45 Update on Dorothea Dix Hospital &
Report on Operating Budget
(Sec. 10.10 of Budget Bill) Luckey Welsh
Director of State Operated Healthcare Facilities
11:45-12:45
Lunch
1:00-1:45 National Health Reform: Overview and Impact on MH/DD/SA Services Pam Silberman, JD, DrPH
President & CEO, NC Institute of Medicine
Publisher, NC Medical Journal
1:45-2:15 Implementation Update on CAP-MR/DD Tiered Waiver Rose Burnette
DD Project Manager, DMH/DD/SAS
2:15-2:45 LME Presentation on Youth Villages Transitional Living Program Sabrina Russell-Holloman, Utilization Management Supervisor, Guilford Center Behavioral Health and Disability Services
Mary Lee, Business Development Specialist, Transitional Living, Youth Villages
Annie Smith, State Director, Youth Villages
2:45-3:00 Analysis of Effectiveness of Single Stream Funding (S.L. 2009-191, Sec. 2) Steve Jordan
Director, DMH/DD/SAS
3:00 Closing Comments & Adjournment
AGENDA
October 13, 2010 9:30 A.M.; Room 643, Legislative Office Building
Representative Verla Insko, Co-Chair, Presiding
9:30 Welcome and Opening Remarks
Senator Martin Nesbitt, Co-Chair
Representative Verla Insko, Co-Chair
9:30-10:00 Secretary's Remarks Lanier Cansler, Secretary
Department of Health and Human Services
10:00-10:15 Expenditures & Utilization Tracking Update Craigan Gray, M.D., State Medicaid Director
Division of Medical Assistance
10:15-11:00 SIS Assessment Tool Pilot Project Rose Burnett
(Implementation of Sec. 10.6 of Budget Bill) DD Project Manager, DMH/DD/SAS
11:00-11:30 Independent Assessments/MH Services
(Implementation of Sec. 10.36 of Budget Bill) Beth Melcher, Ph.D.
Asst. Secretary for MHDDSA Services Development
11:30-11:45 Update on Dorothea Dix Hospital &
Report on Operating Budget
(Sec. 10.10 of Budget Bill) Luckey Welsh
Director of State Operated Healthcare Facilities
11:45-12:45
Lunch
1:00-1:45 National Health Reform: Overview and Impact on MH/DD/SA Services Pam Silberman, JD, DrPH
President & CEO, NC Institute of Medicine
Publisher, NC Medical Journal
1:45-2:15 Implementation Update on CAP-MR/DD Tiered Waiver Rose Burnette
DD Project Manager, DMH/DD/SAS
2:15-2:45 LME Presentation on Youth Villages Transitional Living Program Sabrina Russell-Holloman, Utilization Management Supervisor, Guilford Center Behavioral Health and Disability Services
Mary Lee, Business Development Specialist, Transitional Living, Youth Villages
Annie Smith, State Director, Youth Villages
2:45-3:00 Analysis of Effectiveness of Single Stream Funding (S.L. 2009-191, Sec. 2) Steve Jordan
Director, DMH/DD/SAS
3:00 Closing Comments & Adjournment
Hill Report: NOD/Harris Survey-Disability Employment
NOD News
Harris Interactive Survey: Largest Minority Group Falls Behind in Companies’ Attempts to Diversify
Kessler Foundation and National Organization on Disability Call on Employers to Hire Americans with Disabilities
NEW YORK, October 5, 2010 – A new survey sponsored by Kessler Foundation and National Organization on Disability (NOD) finds that although corporations recognize that hiring employees with disabilities is important, most are hiring very few of these job seekers and few are proactively making efforts to improve the employment environment. These results, from the Kessler Foundation/National Organization on Disability 2010 Survey of Employment of Americans with Disabilities conducted by Harris Interactive, are especially important given the focus on employment by media and government and with October recognized as National Disability Employment Awareness Month.
Data released in July 2010 from an earlier study, the Kessler Foundation/NOD Survey of Americans with Disabilities, found that little progress has been made in closing the employment gap between people with and without disabilities since the passage of the Americans with Disabilities Act in 1990. In fact, only 21 percent of people with disabilities, ages 18 to 64, reported that they are working either full or part-time, compared to 59 percent of people without disabilities.
From this latest survey, although 70 percent of corporations polled have diversity policies or programs in place, only two-thirds of those with programs include disability as a component. Only 18 percent of companies offer an education program aimed at integrating people with disabilities into the workplace. The low figures are particularly notable given that a majority of employers perceive the costs of hiring a person with a disability to be the same as hiring a person without a disability (62 percent).
Read More Here
Harris Interactive Survey: Largest Minority Group Falls Behind in Companies’ Attempts to Diversify
Kessler Foundation and National Organization on Disability Call on Employers to Hire Americans with Disabilities
NEW YORK, October 5, 2010 – A new survey sponsored by Kessler Foundation and National Organization on Disability (NOD) finds that although corporations recognize that hiring employees with disabilities is important, most are hiring very few of these job seekers and few are proactively making efforts to improve the employment environment. These results, from the Kessler Foundation/National Organization on Disability 2010 Survey of Employment of Americans with Disabilities conducted by Harris Interactive, are especially important given the focus on employment by media and government and with October recognized as National Disability Employment Awareness Month.
Data released in July 2010 from an earlier study, the Kessler Foundation/NOD Survey of Americans with Disabilities, found that little progress has been made in closing the employment gap between people with and without disabilities since the passage of the Americans with Disabilities Act in 1990. In fact, only 21 percent of people with disabilities, ages 18 to 64, reported that they are working either full or part-time, compared to 59 percent of people without disabilities.
From this latest survey, although 70 percent of corporations polled have diversity policies or programs in place, only two-thirds of those with programs include disability as a component. Only 18 percent of companies offer an education program aimed at integrating people with disabilities into the workplace. The low figures are particularly notable given that a majority of employers perceive the costs of hiring a person with a disability to be the same as hiring a person without a disability (62 percent).
Read More Here
Wednesday, October 6, 2010
NCGA: Joint Legislative Oversight Committee Meeting MH/DD/SAS Agenda
Notice: The Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Service will be meeting on Wednesday, October 13, 2010.
Here is the agenda for the next meeting. As always, we encourage you to attend this meeting or listen on line.
Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, & Substance Abuse Services
AGENDA
October 13, 2010 9:30 A.M.; Room 643, Legislative Office Building
Representative Verla Insko, Co-Chair, Presiding
9:30 Welcome and Opening Remarks
Senator Martin Nesbitt, Co-Chair
Representative Verla Insko, Co-Chair
9:30-10:00 Secretary's Remarks Lanier Cansler, Secretary
Department of Health and Human Services
10:00-10:15 Expenditures & Utilization Tracking Update Craigan Gray, M.D., State Medicaid Director
Division of Medical Assistance
10:15-11:00 SIS Assessment Tool Pilot Project Rose Burnett
(Implementation of Sec. 10.6 of Budget Bill) DD Project Manager, DMH/DD/SAS
11:00-11:30 Independent Assessments/MH Services
(Implementation of Sec. 10.36 of Budget Bill) Beth Melcher, Ph.D.
Asst. Secretary for MHDDSA Services Development
11:30-11:45 Update on Dorothea Dix Hospital &
Report on Operating Budget
(Sec. 10.10 of Budget Bill) Luckey Welsh
Director of State Operated Healthcare Facilities
11:45-12:45
Lunch
1:00-1:45 National Health Reform: Overview and Impact on MH/DD/SA Services Pam Silberman, JD, DrPH
President & CEO, NC Institute of Medicine
Publisher, NC Medical Journal
1:45-2:15 Implementation Update on CAP-MR/DD Tiered Waiver Rose Burnette
DD Project Manager, DMH/DD/SAS
2:15-2:45 LME Presentation on Youth Villages Transitional Living Program Sabrina Russell-Holloman, Utilization Management Supervisor, Guilford Center Behavioral Health and Disability Services
Mary Lee, Business Development Specialist, Transitional Living, Youth Villages
Annie Smith, State Director, Youth Villages
2:45-3:00 Analysis of Effectiveness of Single Stream Funding (S.L. 2009-191, Sec. 2) Steve Jordan
Director, DMH/DD/SAS
3:00 Closing Comments & Adjournment
Here is the agenda for the next meeting. As always, we encourage you to attend this meeting or listen on line.
Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, & Substance Abuse Services
AGENDA
October 13, 2010 9:30 A.M.; Room 643, Legislative Office Building
Representative Verla Insko, Co-Chair, Presiding
9:30 Welcome and Opening Remarks
Senator Martin Nesbitt, Co-Chair
Representative Verla Insko, Co-Chair
9:30-10:00 Secretary's Remarks Lanier Cansler, Secretary
Department of Health and Human Services
10:00-10:15 Expenditures & Utilization Tracking Update Craigan Gray, M.D., State Medicaid Director
Division of Medical Assistance
10:15-11:00 SIS Assessment Tool Pilot Project Rose Burnett
(Implementation of Sec. 10.6 of Budget Bill) DD Project Manager, DMH/DD/SAS
11:00-11:30 Independent Assessments/MH Services
(Implementation of Sec. 10.36 of Budget Bill) Beth Melcher, Ph.D.
Asst. Secretary for MHDDSA Services Development
11:30-11:45 Update on Dorothea Dix Hospital &
Report on Operating Budget
(Sec. 10.10 of Budget Bill) Luckey Welsh
Director of State Operated Healthcare Facilities
11:45-12:45
Lunch
1:00-1:45 National Health Reform: Overview and Impact on MH/DD/SA Services Pam Silberman, JD, DrPH
President & CEO, NC Institute of Medicine
Publisher, NC Medical Journal
1:45-2:15 Implementation Update on CAP-MR/DD Tiered Waiver Rose Burnette
DD Project Manager, DMH/DD/SAS
2:15-2:45 LME Presentation on Youth Villages Transitional Living Program Sabrina Russell-Holloman, Utilization Management Supervisor, Guilford Center Behavioral Health and Disability Services
Mary Lee, Business Development Specialist, Transitional Living, Youth Villages
Annie Smith, State Director, Youth Villages
2:45-3:00 Analysis of Effectiveness of Single Stream Funding (S.L. 2009-191, Sec. 2) Steve Jordan
Director, DMH/DD/SAS
3:00 Closing Comments & Adjournment
Tuesday, October 5, 2010
Hill Report: President Obama Signs Rosa's Law
BREAKING NEWS: Disability Scoop is reporting that President Barack Obama has signed "Rosa's Law"
Obama Signs Bill Replacing ‘Mental Retardation’ With ‘Intellectual Disability’
By MICHELLE DIAMENT
October 5, 2010 Text Size A A
President Barack Obama signed legislation Tuesday requiring the federal government to replace the term “mental retardation” with “intellectual disability” in many areas of government.
The measure known as Rosa’s Law was approved unanimously by Congress before receiving the go-ahead from the president with little fanfare this week.
Under the law, “mental retardation” and “mentally retarded” will be stripped from federal health, education and labor policy. “Intellectual disability” and “individual with an intellectual disability” will be inserted in their place. The rights of individuals with disabilities will remain the same.
“This is a really important step, particularly for the self-advocacy community,” said Peter Berns, CEO of The Arc, which lobbied heavily for Rosa’s Law. “Self-advocates have been working for many years to remove hurtful language and this takes our community one step closer.”
Even with the new law in effect, the terms will not be swapped out immediately. That’s because the change will be implemented gradually over the next several years as laws and documents are revised so that the alteration does not incur any cost.
Read more at Disability Scoop.
Obama Signs Bill Replacing ‘Mental Retardation’ With ‘Intellectual Disability’
By MICHELLE DIAMENT
October 5, 2010 Text Size A A
President Barack Obama signed legislation Tuesday requiring the federal government to replace the term “mental retardation” with “intellectual disability” in many areas of government.
The measure known as Rosa’s Law was approved unanimously by Congress before receiving the go-ahead from the president with little fanfare this week.
Under the law, “mental retardation” and “mentally retarded” will be stripped from federal health, education and labor policy. “Intellectual disability” and “individual with an intellectual disability” will be inserted in their place. The rights of individuals with disabilities will remain the same.
“This is a really important step, particularly for the self-advocacy community,” said Peter Berns, CEO of The Arc, which lobbied heavily for Rosa’s Law. “Self-advocates have been working for many years to remove hurtful language and this takes our community one step closer.”
Even with the new law in effect, the terms will not be swapped out immediately. That’s because the change will be implemented gradually over the next several years as laws and documents are revised so that the alteration does not incur any cost.
Read more at Disability Scoop.
Monday, October 4, 2010
Hill Report: October Is Disability Employment Month-Presidential Proclamation
Presidential Proclamation--National Disability Employment Awareness Month
As Americans, we understand employment and economic security are critical to fulfilling our hopes and aspirations. We also know we are stronger when our country and economy can benefit from the skills and talents of all our citizens. No individual in our Nation should face unnecessary barriers to success, and no American with a disability should be limited in his or her desire to work. During National Disability Employment Awareness Month, we renew our focus on improving employment opportunities and career pathways that lead to good jobs and sound economic futures for people with disabilities.
This year marks the 20th anniversary of the Americans with Disabilities Act (ADA), the landmark civil rights legislation that established a foundation of justice and equal opportunity for individuals with disabilities. In the two decades since its passage, much progress has been made. However, Americans with disabilities continue to be employed at a rate far below Americans without disabilities, and they are underrepresented in our Federal workforce.
My Administration is committed to ensuring people living with disabilities have fair access to jobs so they can contribute to our economy and realize their dreams. To help achieve this goal, I signed an Executive Order in July to increase Federal employment of individuals with disabilities. This directive requires Federal agencies to design model recruitment and hiring strategies for people with disabilities, and to implement programs to retain these public servants. To ensure transparency and accountability, agencies will report on their progress on hiring people with disabilities, and the Office of Personnel Management will post the results of agencies' efforts online for public evaluation. As the Nation's largest employer, the Federal Government can become a model employer by increasing employment across America of individuals with disabilities.
The 21st-century economy demands a highly educated workforce equipped with the technology and skills to maintain America's leadership in the global marketplace. Technology has changed the way we work, and the Federal Government is leveraging emerging, assistive, and other workplace technologies to improve the options available for everyone, including workers with disabilities. We must improve the accessibility of our workplaces and enable the collaboration and contributions of every employee, and that is why I look forward to signing into law the Twenty-First Century Communications and Video Accessibility Act of 2010. This legislation will greatly increase access to technology, with advances in areas such as closed captioning, delivery of emergency information, video description, and other advanced communications -- all essential tools for learning and working in today's technological society.
Individuals with disabilities are a vital and dynamic part of our Nation, and their contributions have impacted countless lives. People with disabilities bring immeasurable value to our workplaces, and we will continue to address the challenges to employment that must be overcome. This month, let us rededicate ourselves to fostering equal access and fair opportunity in our labor force, and to capitalizing on the talent, skills, and rich diversity of all our workers.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2010 as National Disability Employment Awareness Month. I urge all Americans to embrace the unique value that individuals with disabilities bring to our workplaces and communities and to promote everyone's right to employment.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of October, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fifth.
As Americans, we understand employment and economic security are critical to fulfilling our hopes and aspirations. We also know we are stronger when our country and economy can benefit from the skills and talents of all our citizens. No individual in our Nation should face unnecessary barriers to success, and no American with a disability should be limited in his or her desire to work. During National Disability Employment Awareness Month, we renew our focus on improving employment opportunities and career pathways that lead to good jobs and sound economic futures for people with disabilities.
This year marks the 20th anniversary of the Americans with Disabilities Act (ADA), the landmark civil rights legislation that established a foundation of justice and equal opportunity for individuals with disabilities. In the two decades since its passage, much progress has been made. However, Americans with disabilities continue to be employed at a rate far below Americans without disabilities, and they are underrepresented in our Federal workforce.
My Administration is committed to ensuring people living with disabilities have fair access to jobs so they can contribute to our economy and realize their dreams. To help achieve this goal, I signed an Executive Order in July to increase Federal employment of individuals with disabilities. This directive requires Federal agencies to design model recruitment and hiring strategies for people with disabilities, and to implement programs to retain these public servants. To ensure transparency and accountability, agencies will report on their progress on hiring people with disabilities, and the Office of Personnel Management will post the results of agencies' efforts online for public evaluation. As the Nation's largest employer, the Federal Government can become a model employer by increasing employment across America of individuals with disabilities.
The 21st-century economy demands a highly educated workforce equipped with the technology and skills to maintain America's leadership in the global marketplace. Technology has changed the way we work, and the Federal Government is leveraging emerging, assistive, and other workplace technologies to improve the options available for everyone, including workers with disabilities. We must improve the accessibility of our workplaces and enable the collaboration and contributions of every employee, and that is why I look forward to signing into law the Twenty-First Century Communications and Video Accessibility Act of 2010. This legislation will greatly increase access to technology, with advances in areas such as closed captioning, delivery of emergency information, video description, and other advanced communications -- all essential tools for learning and working in today's technological society.
Individuals with disabilities are a vital and dynamic part of our Nation, and their contributions have impacted countless lives. People with disabilities bring immeasurable value to our workplaces, and we will continue to address the challenges to employment that must be overcome. This month, let us rededicate ourselves to fostering equal access and fair opportunity in our labor force, and to capitalizing on the talent, skills, and rich diversity of all our workers.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2010 as National Disability Employment Awareness Month. I urge all Americans to embrace the unique value that individuals with disabilities bring to our workplaces and communities and to promote everyone's right to employment.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of October, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fifth.
Thursday, September 30, 2010
NC News: Press Release From DRNC-Challenges Construction at New State Hospital.
Thursday, September 30, 2010
Disability Rights NC Challenges Construction of New State Hospital
Raleigh, NC-
One day before the ground breaking ceremony of the new Cherry State Hospital Disability Rights North Carolina calls on Governor Perdue and the N.C. General Assembly to halt construction on the new Cherry Hospital in Goldsboro pending a thorough review of the need for this construction. “The plan developed to build this facility is over 10 years old,” said Vicki Smith, executive director of Disability Rights NC. “Given the devastating cuts across the full continuum of mental health services triggered by the State’s economic crisis, proceeding with new construction of a large institution is fiscally irresponsible. More importantly, even if the state were in better budget times, is this new facility still a wise investment?"
Disability Rights NC believes this construction highlights the state’s institutional bias - that it is willing to spend more money on bricks and mortar than on more appropriate, community-based services for people with mental illness. In light of the Americans with Disabilities Act, the U.S. Supreme Court’s Olmstead decision and the fact that the U.S. Department of Justice is already looking into North Carolina’s institutional bias and its continuing failure to provide community services, constructing a new hospital is particularly short-sighted, the agency’s director said. “It is time for North Carolina to act progressively and maximize its resources to benefit the state and all its citizens. Putting our resources into community services rather than institutions will be more cost-effective and humane. North Carolina’s citizens deserve a better vision,” Smith said.
Smith believes that construction of the new hospital may jeopardize the state’s compliance with the American with Disabilities Act by focusing more resources on institutionally-based care than on community-based services. “It is certainly contrary to the spirit and intent of the ADA and the Olmstead decision,” she said. “If people with mental illness receive the community services they need, it may entirely eliminate the need for hospitalization for many individuals.”
Smith warns that if the new Cherry Hospital is built, her agency will be carefully watching the new hospital’s services. “If the hospital cannot find appropriate staff, and if it does not provide appropriate, evidence-based treatment, we will take action,” she said.
Smith said the state should take the time to fully explore and answer the following questions before proceeding with any new construction:
· Would the hospital be necessary if the state had adequate community-based services?
· If additional hospital-based beds are found to be necessary, what type of beds is needed – adult acute care, adult long term care, forensics (for those involved in the criminal justice system), etc.?
· Given the history of problems the state faced when building Central Regional Hospital, including significant needs for retrofitting the building prior to admitting patients to ensure a safe and therapeutic environment, what assurance can the state give the public that there will not be similar problems with the proposed construction at Cherry?
· Will the state be able to staff the new hospital adequately? There is a long-standing history of difficulty in staffing the current Cherry Hospital.
· How will the construction of a new building address the hospital’s long and troubled history of abuse and neglect of patients?
· Should the state consider moving any new construction to a setting more conducive to attracting qualified staff, such as Greenville, which has a medical school?
# # #
Disability Rights North Carolina is the state’s federally mandated protection and advocacy system for people with disabilities. One of the P&A’s primary federal mandates is to protect and advocate against the abuse and neglect of people with disabilities.
Disability Rights NC Challenges Construction of New State Hospital
Raleigh, NC-
One day before the ground breaking ceremony of the new Cherry State Hospital Disability Rights North Carolina calls on Governor Perdue and the N.C. General Assembly to halt construction on the new Cherry Hospital in Goldsboro pending a thorough review of the need for this construction. “The plan developed to build this facility is over 10 years old,” said Vicki Smith, executive director of Disability Rights NC. “Given the devastating cuts across the full continuum of mental health services triggered by the State’s economic crisis, proceeding with new construction of a large institution is fiscally irresponsible. More importantly, even if the state were in better budget times, is this new facility still a wise investment?"
Disability Rights NC believes this construction highlights the state’s institutional bias - that it is willing to spend more money on bricks and mortar than on more appropriate, community-based services for people with mental illness. In light of the Americans with Disabilities Act, the U.S. Supreme Court’s Olmstead decision and the fact that the U.S. Department of Justice is already looking into North Carolina’s institutional bias and its continuing failure to provide community services, constructing a new hospital is particularly short-sighted, the agency’s director said. “It is time for North Carolina to act progressively and maximize its resources to benefit the state and all its citizens. Putting our resources into community services rather than institutions will be more cost-effective and humane. North Carolina’s citizens deserve a better vision,” Smith said.
Smith believes that construction of the new hospital may jeopardize the state’s compliance with the American with Disabilities Act by focusing more resources on institutionally-based care than on community-based services. “It is certainly contrary to the spirit and intent of the ADA and the Olmstead decision,” she said. “If people with mental illness receive the community services they need, it may entirely eliminate the need for hospitalization for many individuals.”
Smith warns that if the new Cherry Hospital is built, her agency will be carefully watching the new hospital’s services. “If the hospital cannot find appropriate staff, and if it does not provide appropriate, evidence-based treatment, we will take action,” she said.
Smith said the state should take the time to fully explore and answer the following questions before proceeding with any new construction:
· Would the hospital be necessary if the state had adequate community-based services?
· If additional hospital-based beds are found to be necessary, what type of beds is needed – adult acute care, adult long term care, forensics (for those involved in the criminal justice system), etc.?
· Given the history of problems the state faced when building Central Regional Hospital, including significant needs for retrofitting the building prior to admitting patients to ensure a safe and therapeutic environment, what assurance can the state give the public that there will not be similar problems with the proposed construction at Cherry?
· Will the state be able to staff the new hospital adequately? There is a long-standing history of difficulty in staffing the current Cherry Hospital.
· How will the construction of a new building address the hospital’s long and troubled history of abuse and neglect of patients?
· Should the state consider moving any new construction to a setting more conducive to attracting qualified staff, such as Greenville, which has a medical school?
# # #
Disability Rights North Carolina is the state’s federally mandated protection and advocacy system for people with disabilities. One of the P&A’s primary federal mandates is to protect and advocate against the abuse and neglect of people with disabilities.
Wednesday, September 29, 2010
NC News: WRAL Reports NC Departments Struggling with Budget Cuts
N.C. departments struggling with budget cuts
Posted: 12:44 p.m. Monday
Updated: 7:10 p.m. Monday
Facing an estimated $3 billion shortfall for the 2011-12 budget year, North Carolina's state's budget director has asked all state department heads to plan for spending reductions of up to 15 percent.
Those suggested cuts are due Oct. 29, but department leaders say they are struggling with where to cut.
Since 2009, the Department of Health and Human Services, for example, has cut $2 billion from its budget. The juvenile justice department has cut $22 million, which is 15 percent of its original budget.
With nine juvenile detention centers and eight youth development centers across the state, it's quite likely at least one may close, says William Lassiter, with the Department of Juvenile Justice and Delinquency Prevention.
"We've already had to lose after-school programming. We've already had to lose mentoring programs," Lassiter said. "This year, if we have to take additional cuts, we have to look at facility cuts."
An additional 15 percent cut would bring the department's budget allocation to the lowest level ever.
"If you cut anymore, you'll be cutting into core services that will affect public safety," Lassiter said.
Health and Human Services Secretary Lanier Cansler says facilities are safe. What's in jeopardy are the services.
"There may be some services that we say we can't do anymore," Cansler said. "There may be some services (where) we reduce the scope and do less."
Cansler wouldn't specify what could be eliminated but said everyone would likely be affected in some way. He says a 15 percent reduction for DHHS equates to roughly $600 million.
"We are searching right now on how to do it," Cansler said. "I don't know how we're going to accomplish it. We're reviewing everything."
Read more here: WRAL
Posted: 12:44 p.m. Monday
Updated: 7:10 p.m. Monday
Facing an estimated $3 billion shortfall for the 2011-12 budget year, North Carolina's state's budget director has asked all state department heads to plan for spending reductions of up to 15 percent.
Those suggested cuts are due Oct. 29, but department leaders say they are struggling with where to cut.
Since 2009, the Department of Health and Human Services, for example, has cut $2 billion from its budget. The juvenile justice department has cut $22 million, which is 15 percent of its original budget.
With nine juvenile detention centers and eight youth development centers across the state, it's quite likely at least one may close, says William Lassiter, with the Department of Juvenile Justice and Delinquency Prevention.
"We've already had to lose after-school programming. We've already had to lose mentoring programs," Lassiter said. "This year, if we have to take additional cuts, we have to look at facility cuts."
An additional 15 percent cut would bring the department's budget allocation to the lowest level ever.
"If you cut anymore, you'll be cutting into core services that will affect public safety," Lassiter said.
Health and Human Services Secretary Lanier Cansler says facilities are safe. What's in jeopardy are the services.
"There may be some services that we say we can't do anymore," Cansler said. "There may be some services (where) we reduce the scope and do less."
Cansler wouldn't specify what could be eliminated but said everyone would likely be affected in some way. He says a 15 percent reduction for DHHS equates to roughly $600 million.
"We are searching right now on how to do it," Cansler said. "I don't know how we're going to accomplish it. We're reviewing everything."
Read more here: WRAL
Monday, September 27, 2010
Monday Quick Hits: Hot Policy Topics for This Week
North Carolina:
The interim committee meetings this week include the following:
Tuesday, September 28, 2010
2:00 PM Domestic Violence Taskforce Subcommittee 1425 LB
Wednesday, September 29, 2010
1:00 PM Information Technology, Joint Legislative Oversight Committee 1027/1128 LB
Thursday, September 30, 2010
9:30 AM Joint Select Committee on the Pteservation of Biological Evidence 643 LOB
We will be monitoring all of the listed meetings and will report on anything of interest to our community.
National:
The first deadline on the national budget front will come up this Friday, the start of Fiscal Year 2011. None of the FY 2011 appropriation bills have passed Congress. We are expecting to see the first Continuing Resolution pass Congress this week. This Continuing Resolution will keep all federal programs funded at current levels as the new fiscal year begins.
DPC- is reporting that some Democrats are expected to try to add a few additional provisions to the CR. All Republicans are voicing strong opposition to any add-ons to the CR.
The interim committee meetings this week include the following:
Tuesday, September 28, 2010
2:00 PM Domestic Violence Taskforce Subcommittee 1425 LB
Wednesday, September 29, 2010
1:00 PM Information Technology, Joint Legislative Oversight Committee 1027/1128 LB
Thursday, September 30, 2010
9:30 AM Joint Select Committee on the Pteservation of Biological Evidence 643 LOB
We will be monitoring all of the listed meetings and will report on anything of interest to our community.
National:
The first deadline on the national budget front will come up this Friday, the start of Fiscal Year 2011. None of the FY 2011 appropriation bills have passed Congress. We are expecting to see the first Continuing Resolution pass Congress this week. This Continuing Resolution will keep all federal programs funded at current levels as the new fiscal year begins.
DPC- is reporting that some Democrats are expected to try to add a few additional provisions to the CR. All Republicans are voicing strong opposition to any add-ons to the CR.
Wednesday, September 22, 2010
Hill Report: BREAKING NEWS US House Passes Rosa's Law
This evening the United States House of Representatives passed Rosa's Law. S. 2781 known as Rosa's Law was sponsored by
U. S. Senator Barbara A. Mikulski (D-Md.) and Senator Mike Enzi (R-Wyo.)
The soon to be law, will eliminate the terms "mental retardation" and "mentally retarded" from federal laws that govern education, health and labor and will replace these terms with "intellectual disability". The bill will now go to President Obama's desk for his signature.
Advocates with intellectual disabilities have rallied against the use of the "r" word. Their hard work and dedication has yielded the successful passage of this legislation.
Press Release from U.S. Senator Barbara A. Mikulski on this historic vote:
WASHINGTON, D.C. – U.S. Senator Barbara A. Mikulski (D- Md.) announced that her bill introduced to eliminate the terms “mental retardation” and “mentally retarded” from federal education, health and labor laws passed the House on Thursday night by unanimous consent. It passed the Senate last month, and will now go to President Obama for his signature. Senator Mike Enzi (R-Wyo.), ranking member of the Senate Health, Environment, Labor and Pensions Committee, was one of the original co-sponsors.
“This law is about families fighting for the respect and dignity of their loved ones,” Senator Mikulski said. “This change will have a positive effect on more than 6 million Americans.”
A family in Edgewater, Maryland provided the inspiration for the law. Nina Marcellino is the mother of four children, including Rosa, a child with Down syndrome. Last year, Nina learned that Rosa had been labeled retarded at school. Nina didn’t allow the R-word in her house, and none of her children described their sister that way. Nina teamed up with other parents and her state delegate to introduce a bill to change the terminology in Maryland state law. Before the bill was brought up for consideration in the Maryland General Assembly, they held a hearing on the implications of changing the term.
There were several witnesses at that hearing, but the testimony that had the greatest impact was given by an 11-year-old boy: Rosa’s brother, Nick. “What you call people is how you treat them,” Nick said. “What you call my sister is how you will treat her. If you believe she’s ‘retarded,’ it invites taunting, stigma. It invites bullying and it also invites the slammed doors of being treated with respect and dignity.”
Senator Mikulski met Nina at a roundtable discussion on special education last April. Nina told the Senator about Rosa’s Law and their plans to bring it up for consideration in the state Assembly.Senator Mikulski promised Nina that if the state law passed the Assembly, she’d take it to the Senate floor. Two weeks later, Rosa’s Law was unanimously approved by the General Assembly and then signed into law by Governor O’Malley.
Rosa’s Law changes the phrase “mentally retarded” to “an individual with an intellectual disability” in health, education and labor law. It makes the language in federal law consistent with that used by the Centers for Disease Control, the health arm of the United Nations, and the White House through the President’s Committee for People with Intellectual Disabilities.
“I’m pleased that the House has approved Rosa’s Law, and hope the President will sign it quickly. This bill is simple in nature but profound in what it will do when it is enacted. For far too long we have used hurtful words like ‘mental retardation’ or ‘MR’ in our federal statutes to refer to those living with intellectual disabilities. While the way people feel is important, the way people are treated is equally important. Rosa’s Law will make a greatly-needed change that should have been made well before today – and it will encourage us to treat people the way they would like to be treated.”
“The Marcellinos’ story is a perfect example of effective citizen advocacy. They pulled together to pull us all to another way of thinking,” Senator Mikulski said. “The bipartisan support of this bill shows that this is an issue where we can tip our hats to boys and girls with intellectual disabilities by checking our party hats at the door.”
The House bill had 72 cosponsors. The law does not affect any services, rights, responsibilities or educational opportunities for people with intellectual disabilities.
U. S. Senator Barbara A. Mikulski (D-Md.) and Senator Mike Enzi (R-Wyo.)
The soon to be law, will eliminate the terms "mental retardation" and "mentally retarded" from federal laws that govern education, health and labor and will replace these terms with "intellectual disability". The bill will now go to President Obama's desk for his signature.
Advocates with intellectual disabilities have rallied against the use of the "r" word. Their hard work and dedication has yielded the successful passage of this legislation.
Press Release from U.S. Senator Barbara A. Mikulski on this historic vote:
WASHINGTON, D.C. – U.S. Senator Barbara A. Mikulski (D- Md.) announced that her bill introduced to eliminate the terms “mental retardation” and “mentally retarded” from federal education, health and labor laws passed the House on Thursday night by unanimous consent. It passed the Senate last month, and will now go to President Obama for his signature. Senator Mike Enzi (R-Wyo.), ranking member of the Senate Health, Environment, Labor and Pensions Committee, was one of the original co-sponsors.
“This law is about families fighting for the respect and dignity of their loved ones,” Senator Mikulski said. “This change will have a positive effect on more than 6 million Americans.”
A family in Edgewater, Maryland provided the inspiration for the law. Nina Marcellino is the mother of four children, including Rosa, a child with Down syndrome. Last year, Nina learned that Rosa had been labeled retarded at school. Nina didn’t allow the R-word in her house, and none of her children described their sister that way. Nina teamed up with other parents and her state delegate to introduce a bill to change the terminology in Maryland state law. Before the bill was brought up for consideration in the Maryland General Assembly, they held a hearing on the implications of changing the term.
There were several witnesses at that hearing, but the testimony that had the greatest impact was given by an 11-year-old boy: Rosa’s brother, Nick. “What you call people is how you treat them,” Nick said. “What you call my sister is how you will treat her. If you believe she’s ‘retarded,’ it invites taunting, stigma. It invites bullying and it also invites the slammed doors of being treated with respect and dignity.”
Senator Mikulski met Nina at a roundtable discussion on special education last April. Nina told the Senator about Rosa’s Law and their plans to bring it up for consideration in the state Assembly.Senator Mikulski promised Nina that if the state law passed the Assembly, she’d take it to the Senate floor. Two weeks later, Rosa’s Law was unanimously approved by the General Assembly and then signed into law by Governor O’Malley.
Rosa’s Law changes the phrase “mentally retarded” to “an individual with an intellectual disability” in health, education and labor law. It makes the language in federal law consistent with that used by the Centers for Disease Control, the health arm of the United Nations, and the White House through the President’s Committee for People with Intellectual Disabilities.
“I’m pleased that the House has approved Rosa’s Law, and hope the President will sign it quickly. This bill is simple in nature but profound in what it will do when it is enacted. For far too long we have used hurtful words like ‘mental retardation’ or ‘MR’ in our federal statutes to refer to those living with intellectual disabilities. While the way people feel is important, the way people are treated is equally important. Rosa’s Law will make a greatly-needed change that should have been made well before today – and it will encourage us to treat people the way they would like to be treated.”
“The Marcellinos’ story is a perfect example of effective citizen advocacy. They pulled together to pull us all to another way of thinking,” Senator Mikulski said. “The bipartisan support of this bill shows that this is an issue where we can tip our hats to boys and girls with intellectual disabilities by checking our party hats at the door.”
The House bill had 72 cosponsors. The law does not affect any services, rights, responsibilities or educational opportunities for people with intellectual disabilities.
NC News: N&O Article on Disabled Inmates
Disabled inmates deserve chance to earn time off, lawsuit says
RALEIGH Disabled inmates in North Carolina's prisons serve longer sentences than other inmates because they are unable to participate in programs used to earn time off for positive behavior, according to a class action lawsuit filed in federal court.
Brought on behalf of six d inmates with disabilities, the lawsuit contends that the system for rewarding "sentence reduction credits" violates the Americans With Disabilities Act and other federal laws. Inmates in North Carolina can shave up to six days a month off their sentences by performing work assignments and earning education credits.
"We don't think anybody in North Carolina should be serving additional time in prison simply because they're living with a disability," said Mary Pollard, the director of N.C. Prisoner Legal Services, which filed the suit.
Keith Acree, a spokesman for the N.C. Department of Correction, said Tuesday that he could not comment on a matter that is under litigation.
Among those named in the lawsuit is inmate Chad W. Bumgarner, who is serving an 83- month sentence for burglary. Bumgarner, 40, suffers from a neurodegenerative disorder that requires him to use leg braces to stand or walk. He also has been diagnosed with bipolar disorder, according to the lawsuit.
Read more here
After he entered the prison system in 2008, Bumgarner tried to get a job but was told there were no assignments suitable for him because of his physical disability. He tried to take classes to earn sentence reduction credits but could do so only with "extreme difficulty," the suit said.
RALEIGH Disabled inmates in North Carolina's prisons serve longer sentences than other inmates because they are unable to participate in programs used to earn time off for positive behavior, according to a class action lawsuit filed in federal court.
Brought on behalf of six d inmates with disabilities, the lawsuit contends that the system for rewarding "sentence reduction credits" violates the Americans With Disabilities Act and other federal laws. Inmates in North Carolina can shave up to six days a month off their sentences by performing work assignments and earning education credits.
"We don't think anybody in North Carolina should be serving additional time in prison simply because they're living with a disability," said Mary Pollard, the director of N.C. Prisoner Legal Services, which filed the suit.
Keith Acree, a spokesman for the N.C. Department of Correction, said Tuesday that he could not comment on a matter that is under litigation.
Among those named in the lawsuit is inmate Chad W. Bumgarner, who is serving an 83- month sentence for burglary. Bumgarner, 40, suffers from a neurodegenerative disorder that requires him to use leg braces to stand or walk. He also has been diagnosed with bipolar disorder, according to the lawsuit.
Read more here
After he entered the prison system in 2008, Bumgarner tried to get a job but was told there were no assignments suitable for him because of his physical disability. He tried to take classes to earn sentence reduction credits but could do so only with "extreme difficulty," the suit said.
Tuesday, September 21, 2010
Hill Report: US House of Representatives Set to Vote on Rosa's Law-Reports Disability Scoop
Update: Disability Scoop is reporting a vote that would significantly change terminology in federal law. North Carolina passed "People First" legislation in 2009.
House To Vote On Replacing ‘Mental Retardation’ With ‘Intellectual Disability’
By MICHELLE DIAMENT
September 21, 2010 Text Size A A
The House of Representatives is expected to vote as early as Wednesday evening on a bill to replace the term “mental retardation” with “intellectual disability” in many areas of federal government.
The legislation known as Rosa’s Law was approved by the Senate in August. Under the bill, terminology would be altered in federal health, education and labor policy.
The House is widely expected to pass the measure when it is brought up later this week alongside several other bills that are considered uncontentious under a suspension of the rules. This means that there will be limited debate and a simplified voting procedure.
If Rosa’s Law does gain House approval, it will go to President Barack Obama, who supports the measure. ”He looks forward to signing it into law after the House passes it,” a White House official told Disability Scoop on Monday.
Under the bill, individuals with disabilities would retain the same rights they currently have, but terminology would be swapped as laws and documents come up for revision over the next several years. As a result, Rosa’s Law is not expected to incur any cost.
Nearly all states and some federal agencies already use the term “intellectual disability.”
Want more information on Rosa's Law? Check out The Arc of the United State's Fusion Newsletter.
House To Vote On Replacing ‘Mental Retardation’ With ‘Intellectual Disability’
By MICHELLE DIAMENT
September 21, 2010 Text Size A A
The House of Representatives is expected to vote as early as Wednesday evening on a bill to replace the term “mental retardation” with “intellectual disability” in many areas of federal government.
The legislation known as Rosa’s Law was approved by the Senate in August. Under the bill, terminology would be altered in federal health, education and labor policy.
The House is widely expected to pass the measure when it is brought up later this week alongside several other bills that are considered uncontentious under a suspension of the rules. This means that there will be limited debate and a simplified voting procedure.
If Rosa’s Law does gain House approval, it will go to President Barack Obama, who supports the measure. ”He looks forward to signing it into law after the House passes it,” a White House official told Disability Scoop on Monday.
Under the bill, individuals with disabilities would retain the same rights they currently have, but terminology would be swapped as laws and documents come up for revision over the next several years. As a result, Rosa’s Law is not expected to incur any cost.
Nearly all states and some federal agencies already use the term “intellectual disability.”
Want more information on Rosa's Law? Check out The Arc of the United State's Fusion Newsletter.
Monday, September 20, 2010
Monday Quick Hits: Hot Policy Topics for This Week
It will be another light week of interim meetings at the General Assembly. Of interest to our community, is the Tuesday, September 21st State Health Plan Blue Ribbon Task Force.
During last month's meeting of this task force, we learned that the state health plan has at least a $572 million deficit going into the next biennial budget cycle. This growing deficit is partially due to the continuing increase of health care costs. Another topic of interest in this committee is how our state health plan should prepare for the regulatory changes of health care reform legislation.
Tuesday, September 21, 2010
10:00 AM State Health Plan Blue Ribbon Task Force 1228/1327 LB
During last month's meeting of this task force, we learned that the state health plan has at least a $572 million deficit going into the next biennial budget cycle. This growing deficit is partially due to the continuing increase of health care costs. Another topic of interest in this committee is how our state health plan should prepare for the regulatory changes of health care reform legislation.
Tuesday, September 21, 2010
10:00 AM State Health Plan Blue Ribbon Task Force 1228/1327 LB
NC News: Disability Rights Group Fights Cuts to In Home Care
The News and Observer ran this story on Friday. The cuts and the new program to serve people with in-home care occurred during this biennial budget cycle. Advocates across the state have expressed concern regarding the depth of the cuts.
Disability rights group fights cuts to in-home care
The director of Disability Rights North Carolina has sent a letter to the U.S. Justice Department asking for an investigation of deep cuts to the state's Medicaid Personal Care Services program, which provides in-home care to those with disabilities.
Vicki Smith, the group's director, says the cuts will "endanger people with disabilities in North Carolina or force them into large, institution-like facilities." That would violate a U.S. Supreme Court ruling that requires the state to serve people with disabilities within their community when possible, Smith wrote.
More than 37,000 elderly and disabled residents in North Carolina rely upon the assistance of trained home-care aides for such basic activities as bathing, dressing, eating and using the toilet. The state Department of Health and Human Services signed a $24 million contract last year with a vendor tasked with determining which elderly and disabled persons can receive in-home assistance and how many hours of care they will receive.
The Association of Home & Hospice Care of North Carolina, which represents providers of in-home services, also wrote to the feds to ask that they stop the state cuts. Tim Rogers, the association's CEO, said the new state process for assessing who gets services and who doesn't is in violation of federal law.
Disability rights group fights cuts to in-home care
The director of Disability Rights North Carolina has sent a letter to the U.S. Justice Department asking for an investigation of deep cuts to the state's Medicaid Personal Care Services program, which provides in-home care to those with disabilities.
Vicki Smith, the group's director, says the cuts will "endanger people with disabilities in North Carolina or force them into large, institution-like facilities." That would violate a U.S. Supreme Court ruling that requires the state to serve people with disabilities within their community when possible, Smith wrote.
More than 37,000 elderly and disabled residents in North Carolina rely upon the assistance of trained home-care aides for such basic activities as bathing, dressing, eating and using the toilet. The state Department of Health and Human Services signed a $24 million contract last year with a vendor tasked with determining which elderly and disabled persons can receive in-home assistance and how many hours of care they will receive.
The Association of Home & Hospice Care of North Carolina, which represents providers of in-home services, also wrote to the feds to ask that they stop the state cuts. Tim Rogers, the association's CEO, said the new state process for assessing who gets services and who doesn't is in violation of federal law.
Monday, September 13, 2010
Monday Quick Hits: Hot Policy Topics for This Week
It is going to be a slow week at the General Assembly. All of the meetings of interest in our community are today.
Monday, September 13, 2010
10:00 AM Child Fatality Task Force - Intentional Death Committee 1027/1128 LB
10:00 AM Joint Legislative Committee on Domestic Violence - Alamance Family Justice Center - Burlington N/A LOB
1:30 PM Child Fatality Task Force - Unintentional Death Committee 1027/1128 LB
Monday, September 13, 2010
10:00 AM Child Fatality Task Force - Intentional Death Committee 1027/1128 LB
10:00 AM Joint Legislative Committee on Domestic Violence - Alamance Family Justice Center - Burlington N/A LOB
1:30 PM Child Fatality Task Force - Unintentional Death Committee 1027/1128 LB
Saturday, September 11, 2010
Friday Wrap Up: Note from the LOC
Although the agenda for the Legislative Oversight Committee had not specific DD updates, we did think the following information would be of interest to members of our community.
The first Mental Health, Developmental Disability, and Substance Abuse Services Joint Legislative Oversight Committee of this legislative interim took place on Wednesday, September 8, 2010.
The meeting opened with the introduction of members and a review of the legislative changes that were made during the 2010 session.
Secretary of Health and Human Services Lanier Cansler addressed the members of the committee with a comprehensive review of the changes occurring inside the Division of MH, DD, SAS.
On the topic of Dorethea Dix, Secretary Cansler explained that there were no appropriations made to operate the Dix facility during this biennial. The proposal to close Dix will need to be presented to the Council of State. If approved by the Council of State a bill will be presented to the members of the legislature during the long session. A bill will need to pass the legislature for Dix to be closed.
When members of the committee questioned the dispersion of the Dix beds and the forensic unit, Secretary Cansler stated that the 26 bed minimum forensic unit will remain at Dix and that there will be no reduction in total state beds. There will be increases in beds at Cherry and Broughton that will reflect the number of beds that will close at Dix.
Secretary Cansler did state that even with the changes at Dix the state will be operative at 14 million over budget.
Deputy Secretary of DHHS Mike Watson gave an update on the implementation of CABHA (Critical Access Behavioral Health Agency). Watson began the presentation with a review of the basic CABHA service requirements and the certification process. Currently there are 67 certified CABHA’s (67%-for profit). In addition there are 30 CABHAs that are completing the Medicaid enrollment process and an additional 14 that are in the enrollment process.
In a review of the distribution of CABHA required services Deputy Secretary Watson stated the following:
5 counties=1 CABHA
50 counties=2-5 CABHAs
36 counties=6-10 CABHAs
2 counties=11-15 CABHAs
3 counties=16+ CABHAs
There are 4 counties that do not currently have consumers receiving CABHA required services. Watson specifically addressed the lack of CABHA services in the ECBH LME catchment area. Currently there are 170 new applications that are beginning the CABHA process.
One of the concerns that was brought up by Representative Earle was how do the providers that have completed the CABHA process merge into the two new 1915 b/c managed care waiver sites. Deputy Watson stated that the division would recommend that the LME accept all of the CABHAs in that catchment area. However, it is clear that there are no specific guidelines on how to make this merger or how to protect the CABHAs during the transition.
The final presentation of the day was on the transition of youth from the Level III and Level IV group homes. The presentation began with a review of the legislation and the state guidance offered on how to transition youth out of Level III and Level IV homes.
Prior to the legislation, there were 2532 youth in Level III homes and now there are 620 remaining. This is a difference of 2608 youth in this placement. For Level IV homes there were 133 youth in these residential services and currently there are 29 youth remaining. There is a concern over where the youth went and did the child succeed in the transition back to the community. To address these concerns DMH is working with UNC Behavior Health Research to follow up and study the status of the youth who were discharged from the Level III and Level IV residential settings.
The first Mental Health, Developmental Disability, and Substance Abuse Services Joint Legislative Oversight Committee of this legislative interim took place on Wednesday, September 8, 2010.
The meeting opened with the introduction of members and a review of the legislative changes that were made during the 2010 session.
Secretary of Health and Human Services Lanier Cansler addressed the members of the committee with a comprehensive review of the changes occurring inside the Division of MH, DD, SAS.
On the topic of Dorethea Dix, Secretary Cansler explained that there were no appropriations made to operate the Dix facility during this biennial. The proposal to close Dix will need to be presented to the Council of State. If approved by the Council of State a bill will be presented to the members of the legislature during the long session. A bill will need to pass the legislature for Dix to be closed.
When members of the committee questioned the dispersion of the Dix beds and the forensic unit, Secretary Cansler stated that the 26 bed minimum forensic unit will remain at Dix and that there will be no reduction in total state beds. There will be increases in beds at Cherry and Broughton that will reflect the number of beds that will close at Dix.
Secretary Cansler did state that even with the changes at Dix the state will be operative at 14 million over budget.
Deputy Secretary of DHHS Mike Watson gave an update on the implementation of CABHA (Critical Access Behavioral Health Agency). Watson began the presentation with a review of the basic CABHA service requirements and the certification process. Currently there are 67 certified CABHA’s (67%-for profit). In addition there are 30 CABHAs that are completing the Medicaid enrollment process and an additional 14 that are in the enrollment process.
In a review of the distribution of CABHA required services Deputy Secretary Watson stated the following:
5 counties=1 CABHA
50 counties=2-5 CABHAs
36 counties=6-10 CABHAs
2 counties=11-15 CABHAs
3 counties=16+ CABHAs
There are 4 counties that do not currently have consumers receiving CABHA required services. Watson specifically addressed the lack of CABHA services in the ECBH LME catchment area. Currently there are 170 new applications that are beginning the CABHA process.
One of the concerns that was brought up by Representative Earle was how do the providers that have completed the CABHA process merge into the two new 1915 b/c managed care waiver sites. Deputy Watson stated that the division would recommend that the LME accept all of the CABHAs in that catchment area. However, it is clear that there are no specific guidelines on how to make this merger or how to protect the CABHAs during the transition.
The final presentation of the day was on the transition of youth from the Level III and Level IV group homes. The presentation began with a review of the legislation and the state guidance offered on how to transition youth out of Level III and Level IV homes.
Prior to the legislation, there were 2532 youth in Level III homes and now there are 620 remaining. This is a difference of 2608 youth in this placement. For Level IV homes there were 133 youth in these residential services and currently there are 29 youth remaining. There is a concern over where the youth went and did the child succeed in the transition back to the community. To address these concerns DMH is working with UNC Behavior Health Research to follow up and study the status of the youth who were discharged from the Level III and Level IV residential settings.
Tuesday, September 7, 2010
Tuesday Quick Hits: Hot Policy Topics for This Week
Our legislative week starts today! Here are the Hot Policy topics for the week. There will be two meetings of interest this week for our community. The first one is today when the Health Care oversight committee meets. The second meeting of interest is tomorrow when the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services meets.
Here is the schedule for these meetings:
Today, Tuesday, September 7, 2010
10:00 AM Joint Legislative Health Care Oversight Committee 544 LOB
Wednesday, September 8, 2010
10:00 AM Mental Health, Developmental Disabilities and Substance Abuse, Joint Legislative Oversight Committee 643 LOB
Here is the schedule for these meetings:
Today, Tuesday, September 7, 2010
10:00 AM Joint Legislative Health Care Oversight Committee 544 LOB
Wednesday, September 8, 2010
10:00 AM Mental Health, Developmental Disabilities and Substance Abuse, Joint Legislative Oversight Committee 643 LOB
Thursday, September 2, 2010
NCGA: Joint Legislative Oversight Committee Meeting MH/DD/SAS Agenda
Next Wednesday will be the first Joint Legislative Oversight Committee MH, DD, SAS meeting of the 2010 interim. Here is the agenda for the meeting:
Joint Legislative Oversight Committee on
Mental Health, Developmental Disabilities, & Substance Abuse Services
AGENDA
September 8, 2010 10:00 A.M.; Room 643, Legislative Office Building
Representative Verla Insko, Co-Chair, Presiding
Welcome and Opening Comments Senator Martin Nesbitt, Co-Chair
Representative Verla Insko, Co-Chair
Secretary's Remarks Lanier Cansler, Secretary, Department of Health and Human Services
Overview of 2010 Legislative Actions Lisa Hollowell, LOC Staff
Joyce Jones, LOC Staff
Expenditures and Utilization Tracking Update Craigan Gray, MD, Medical Director, Division of Medical Assistance, DHHS
Community Supports Information Michael Watson, Deputy Secretary, DHHS
CABHAs Update Michael Watson, DHHS
Lunch
Status Report on the Changes to Level III and IV Mark O’Donnell, Program Manager Facilities for Children DMHDDSAS, DHHS
Second Mile Project – LME Presentation Roy Wilson, Director, East Carolina
Behavioral Health (ECBH) Lisa Bonnett, Executive Director of the Recovery Education Unit, ECBH
Wrap Up and Discussions
Joint Legislative Oversight Committee on
Mental Health, Developmental Disabilities, & Substance Abuse Services
AGENDA
September 8, 2010 10:00 A.M.; Room 643, Legislative Office Building
Representative Verla Insko, Co-Chair, Presiding
Welcome and Opening Comments Senator Martin Nesbitt, Co-Chair
Representative Verla Insko, Co-Chair
Secretary's Remarks Lanier Cansler, Secretary, Department of Health and Human Services
Overview of 2010 Legislative Actions Lisa Hollowell, LOC Staff
Joyce Jones, LOC Staff
Expenditures and Utilization Tracking Update Craigan Gray, MD, Medical Director, Division of Medical Assistance, DHHS
Community Supports Information Michael Watson, Deputy Secretary, DHHS
CABHAs Update Michael Watson, DHHS
Lunch
Status Report on the Changes to Level III and IV Mark O’Donnell, Program Manager Facilities for Children DMHDDSAS, DHHS
Second Mile Project – LME Presentation Roy Wilson, Director, East Carolina
Behavioral Health (ECBH) Lisa Bonnett, Executive Director of the Recovery Education Unit, ECBH
Wrap Up and Discussions
Tuesday, August 31, 2010
News: NC Panel Analyzes Health Care Reform
The Daily Tar Heel has an interesting article regarding health care reform and how North Carolina is preparing for the changes. Here is part of the article and a link to read on.
N.C. panel analyzes health care reform
Will localize national policy changes
By JESSICA SEAMAN | The Daily Tar Heel
President Barack Obama might have succeeded in passing comprehensive health care reform last spring, but actually implementing the hundreds of pages in legislation is a daunting task that the state is preparing to tackle.
Even though most of the laws don’t go into effect until 2014, North Carolina has formed a panel of health care experts to make sure the transition to the new law is as smooth as possible.
The panel, which began meeting this month, will make recommendations not only to Gov. Bev Perdue but also to the N.C. General Assembly and executive branches on how best to adjust to the new laws.
Read More: Daily Tarheel.
N.C. panel analyzes health care reform
Will localize national policy changes
By JESSICA SEAMAN | The Daily Tar Heel
President Barack Obama might have succeeded in passing comprehensive health care reform last spring, but actually implementing the hundreds of pages in legislation is a daunting task that the state is preparing to tackle.
Even though most of the laws don’t go into effect until 2014, North Carolina has formed a panel of health care experts to make sure the transition to the new law is as smooth as possible.
The panel, which began meeting this month, will make recommendations not only to Gov. Bev Perdue but also to the N.C. General Assembly and executive branches on how best to adjust to the new laws.
Read More: Daily Tarheel.
Tuesday, August 24, 2010
News: Psychology Today Article on Disability and Unemployment
Jobless rate for adults with disabilities stagnant for 20 years
Employment rates haven't changed since Americans with Disabilities Act passed.
Published on August 23, 2010
The United State Department of Labor reported earlier this month that the national unemployment rate for July 2010 was 9.5 percent, about the same rate as June.
When you look at the finer details, though, things are better for some people, worse for others.
The unemployment rate for white people was 8.6 percent. For African American people it was 15.6 percent and for Hispanic people, 12.1. Unemployment among teenagers was at 26.1 percent. This is all to say that, depending on where you are sitting, 9.5 percent might look pretty good.
How about a 79 percent unemployment rate? A recent survey from the National Organization on Disability reported, "Of all working-age people with disabilities, only 21% say that they are employed, compared to 59% of people without disabilities."
The survey also states that little progress has been made in the area of employment or other quality of life indicators for people with disabilities in the 20 years since the passing of the Americans with Disabilities Act.
Read more at: Psychology Today
Employment rates haven't changed since Americans with Disabilities Act passed.
Published on August 23, 2010
The United State Department of Labor reported earlier this month that the national unemployment rate for July 2010 was 9.5 percent, about the same rate as June.
When you look at the finer details, though, things are better for some people, worse for others.
The unemployment rate for white people was 8.6 percent. For African American people it was 15.6 percent and for Hispanic people, 12.1. Unemployment among teenagers was at 26.1 percent. This is all to say that, depending on where you are sitting, 9.5 percent might look pretty good.
How about a 79 percent unemployment rate? A recent survey from the National Organization on Disability reported, "Of all working-age people with disabilities, only 21% say that they are employed, compared to 59% of people without disabilities."
The survey also states that little progress has been made in the area of employment or other quality of life indicators for people with disabilities in the 20 years since the passing of the Americans with Disabilities Act.
Read more at: Psychology Today
Friday, August 20, 2010
Friday Wrap Up: Interim Committee Meetings Update
The legislative interim committee schedule is now under way.
Over the past two weeks there were several meetings of interest to our community. The first dealt with the state employee health plan and the benefits for hospital employees. The major announcement in each of these meetings was that the state health plan is going to be short at least $572 million for FY 2011-2012 budget.The second major discussion was if the current state health plan should apply for grandfather status as we transition into the new rules instituted by health care reform. Not holding on to grandfather status could increase the short fall for the health plan to over 1 billion dollars.
FY 2010-2011 budget had a 11% shortfall. In actuality it was closer to a 15% shortfall due to a significant reduction in revenue collection. In the coming biennial budget we will see a deficit of 3.2 billion. The deficit consists of 1.6 billion in stimulus money, 1.3 billion in sales tax revenue and the remainder of the deficit is created by 300 million in non-recurring cuts.
These figures do not include the $572 million deficit in the state health plan. Two year ago the budget was 20.8 billion, we are looking to create a budget for the upcoming biennial of 16 billion.
Then on Monday, August 16, we received a budget update at the Child Fatality Task Force from Barry Boardman, Phd. fiscal research staff.
Here is the state of upcoming budget for fiscal year 2011.
The outlook for the next fiscal year is more drastic than this year. This is due to three different factors the first is the termination of stimulus dollars provided in this current budget. The second factor is the termination of the sales tax and corporate tax that was passed in the 2009 session. Third is the extremely slow economic recovery that our state is experiencing.
FY 2010-2011 budget had a 11% shortfall. In actuality it was closer to a 15% shortfall due to a significant reduction in revenue collection. In the coming biennial budget we will see a deficit of 3.2 billion. The deficit consists of 1.6 billion in stimulus money, 1.3 billion in sales tax revenue and the remainder of the deficit is created by 300 million in non-recurring cuts.
These figures do not include the $572 million deficit in the state health plan. Two year ago the budget was 20.8 billion, we are looking to create a budget for the upcoming biennial of 16 billion.
Arc NC: Remarks from the Deputy Secretary of the Department of Health and Human Services
Deputy Secretary of the Department of Health and Human Services, Mike Watson, addressed a packed room of advocates, providers, parents, and Arc chapter executives today at The Arc of North Carolina’s state conference. Deputy Secretary Watson provided the attendees with a state of the state on services for people with developmental and intellectual disabilities.
He opened his remarks by complimenting the hard work and dedication of the many members of The Arc of North Carolina and its chapters. He stated that many of the legislative successes including the return of the $40 million in funding for state funded services was due to their advocacy.
Watson also laid out the values that the Department of HHS and the Division of MH, DD, SAS are operating under as they move forward. Watson stated that “these values are the goals for how we act. We want to keep these values out in front of us and make sure they are translated into action”.
The values included being customer focused. Who are your customers and who are you trying to serve. To create a department and division that are anticipatory. Knowing what are the consequences of our actions and evaluating the outcomes and what can happen because of our policy decisions. The values include a division and department that is collaborative. The goal is to include interested parties in the journey and to ask the consumers, providers, advocates the important questions “what do you think” and “what is the impact”. Transparency and being more results oriented rounded out the new guide for the division and department.
Mike Watson touched on many of special provisions that were included in the budget including the utilization of the SIS tool and the waiver special provision. In addition he highlighted a special provision that addressed making CAP/MR-DD high need consumers be able to access the top tier of the CAP by addressing the need for higher levels of residential supports through re-writing the definition in the waiver.
Watson then gave the attendees the facts about what to expect in next years budget. “The stark reality is that the budget the last two years was extraordinarily difficult. The next year will be the low water mark of our funding issues.” Mr. Watson set out the deficit in these terms, there will be a reduction in overall stimulus funding. The sales tax and the additional taxes that were part of the 2009 revenue package will sunset in 2011. There will also be a reduction in the non-recurring funding through cuts and through cuts of one time money. The overall budget deficit will be between 2 and 3 billion dollars.
In addressing the Medicaid Rate Reduction cause by not receiving the full 500 million in additional FMAP extension funding, Deputy Secretary Watson stated that “this week providers learned of a 1.35% cut in rates effective September 1. The decision the department made to start as early as possible was that if we waited till later in the year that cut would have increased to 2.7%. Whatever we put in place I can guarantee will continue next year. We would rater have a 1.35% reduction next year than a 2.7%.”
As for the managed care waiver issue, it is clear that the department and division are telling LMEs to expect and get ready for a move into the waiver environment “one way or another Medicaid will be managed”. Watson stated that the shift to managed care waivers is a multi year process that must include competence and readiness.
Arc of NC: Deputy Secretary of DHHS Mike Watson Presenting on State of the State DD/ID
Deputy Secretary of HHS Mike Watson is now presenting on the state of the state of DD/ID services in North Carolina.
The Arc of North Carolina State Conference
The Arc of North Carolina state conference is underway! On the calendar for today is a presentation by Deputy Secretary of the Department of Health and Human Service, Michael Watson will be delivery the plenary session at 2:15pm.
Topic today is "State of the State for People with Developmental Disabilities". We will be live blogging his remarks.
Wednesday, August 18, 2010
NCGA: Legislative Wrap Up #1
The short session was very short this year. Totaling only seven and a half weeks there was an abundance of policy changes that took place through bills and the state budget. This is the first of a series of posts that will guide you through what happened this session. The first and most difficult part of the short session was how to adjust the state's biennial budget. Here then is the budget wrap up.
Budget Background:
This year members of the General Assembly had to balance an 800 million dollar budget deficit as well as a possible 500 million additional deficit if FMAP was not extended. The key to this year’s budget was how to fill the gap without cutting critical services and without passing a comprehensive revenue/tax package. Overall the members of the appropriation committees did just that.
The final budget reflected very targeted cuts and very targeted expansions. Leadership on HHS appropriation in the House and the Senate did worked diligently to limit cuts for critical services. At the same time we did see targeted expansions in crisis beds and a restoration of the $40 million service dollar cut that was made in the previous budget to LME state dollar service funding.
A major area of concern for the developmental disability community was the full state expansion of the managed care model that is currently in use at PBH. During this session a broad coalition worked diligently to limit the expansion of the 1915 b/c waivers. The final special provision limited the expansion and also included language that directs the department to look at alternatives and to do a thorough customer service study of the existing and two new waiver sites.
As the budget and session came to a close it became clear that the US Congress was going to be unable to pass the necessary FMAP extension. During the last hours of the session a budget technical corrections bill was passed that included a list of eight proposed cuts to fill the 518 million dollar deficit caused by losing FMAP money. The cuts are proposed throughout the state system as opposed to only targeting Medicaid. The list is prioritized and includes language regarding the process of implementing the cuts depending on the amount of FMAP dollars received by the state.
Money Report:
Division Management Funds ($7,180,807) NR
Reduces unobligated funding available at the Division's discretion for
one-time needs of community providers or LME system needs. The total
includes $1,169,355 for mental health, $3,398,534 for developmental
disabilities, and $2,612,918 for substance abuse services. These funds
have historically been spent to address specific one-time needs; these
funds are not allocated to LMEs for service provision.
Leadership Academy: $250,000 NR
Provides funds for a Mental Health Leadership Academy for training for
Mental Health managers, finance/budget officers, and other leaders
within Local Management Entities.
Community Service Funds $40,000,000 NR
Provides funding for community services administered through Local
Management Entities. This funding fully restores the mental health,
developmental disabilities, and substance abuse services funding
reduced for FY 2010-11. This amount includes $30,559,012 of funds
transferred from Department of Public Instruction's Office of Early Learning.
CAP-MR/DD SERVICE ELIGIBILITY (Page 52)
SECTION 10.7A. Section 10.21B of S.L. 2009-451 reads as rewritten: "SECTION 10.21BSECTION 10.21B.(a) Except as otherwise provided in this section subsection for former Thomas S. recipients, CAP-MR/DD recipients are not eligible for any State-funded services except for those services for which there is not a comparable service in the CAP-MR/DD waiver. The excepted services are limited to guardianship, room and board, and time-limited supplemental staffing to stabilize residential placement. Former Thomas S. recipients currently living in community placements may continue to receive State-funded services.
"SECTION 10.21B.(b) The Department of Health and Human Services, Division of Medical Assistance, shall work with stakeholders to develop a new service definition within the CAP-MR/DD waiver to better meet the needs of individuals who (i) have a high intensity of behavioral needs, (ii) reside in small licensed residential placements, and (iii) require supervision 24 hours per day, seven days per week, three hundred sixty-five days per year. The Division shall apply to the Centers for Medicare and Medicaid Services (CMS) for an appropriate amendment to the CAP-MR/DD waiver if CMS approval is necessary to implement the new service definition. Not later than October 1, 2010, the Department shall report to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division on the development of the new service definition and the status of any necessary approval from CMS to implement the new service definition."
(1) A comparison of Medicaid reimbursement rates in North Carolina with reimbursement rates in surrounding states and with rates in two additional states; and (2) A comparison of Medicaid program benefits in North Carolina with program benefits provided in surrounding states and with rates in two additional states. Selected provider rates shall be studied for the initial report.
SECTION 10.25.(b) The Department shall report its initial findings to the Governor, the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division by April 1, 2011.
SECTION 10.25.(c) Funds appropriated to the Department of Health and Human Services may be used to complete this study.
STATEWIDE EXPANSION OF CAPITATED 1915(B)/(C) BEHAVIORAL HEALTH
WAIVERS (page 67)
SECTION 10.24.(a) The Department of Health and Human Services Department shall select up to two additional Local Management Entities (LMEs) to implement the capitated 1915 (b)/(c) Medicaid waiver as a demonstration program during the 2010-2011 fiscal year. The waiver program shall include all Medicaid-covered mental health, developmental disabilities, and substance abuse services. Expansion of the waiver to additional LMEs shall be contingent upon approval by the Centers for Medicare and Medicaid Services.
SECTION 10.24.(b) The Department shall conduct an evaluation of the capitated 1915(b)/(c) Medicaid waiver demonstration program sites to determine the programs' impact on consumers with developmental disabilities. The evaluation shall include a satisfaction survey of consumers. The Department shall consider the impact on ICF/MR facilities included in the waiver to determine and, to the extent possible, minimize potential inconsistencies with the DMA-ICF/MR rate plan and the requirements of G.S. 131E-176 and G.S. 131E-178 without negatively impacting the viability and success of the waiver program. The Department shall consult with stakeholders and evaluate all other waiver options, including the possibility of a waiver without a 1915(b)/(c) combination. The Department shall report to the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services, and the Fiscal Research Division no later than April 1, 2012, after which time the Department may expand the capitated 1915(b)/(c) Medicaid waiver to additional LMEs.
The Department shall not approve any expansion of the Piedmont Behavioral Healthcare LME (PBH) beyond its existing catchment area until after the Department has completed its evaluation and made its report pursuant to this subsection.
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