Monday, November 30, 2009

Monday Quick Hits: National Hot Policy Topics for This Week

This information provided by DPC:

U.S. Congress

The Congress returns to work tomorrow.
  There are about three and a half weeks remaining before a Christmas break is scheduled.  Passage of a health care reform bill in the Senate and continued work on the remaining Fiscal Year 2010 appropriations bills will dominate the House and Senate agendas in December.
 
Health Reform
 
The Senate returns this week to begin debating the health care reform bill, the Patient Protection and Affordable Care Act.  Currently the bill includes the following provisions which are of major importance to people with disabilities:
  • Major insurance market reforms including elimination of pre-existing condition exclusions and annual and lifetime caps;
  • Coverage of rehabilitation and habilitation services and devices in the essential benefits package for the new insurance Exchange;
  • An expansion of Medicaid eligibility up to 133% of the federal poverty level;
  • The Community Living Assistance Services and Supports (CLASS) Act which will establish a new nation wide long term services insurance program that will help individuals and their families meet their needs without needing to be impoverished;
  • The Community First Choice (CFC) Medicaid option which will make comprehensive community-based services available to Medicaid beneficiaries in states which choose the option (it would begin on Oct 1, 2010 with no sunset date); and
  • A requirement for the development of standards for accessible diagnostic and other medical equipment.
It is expected that a number of issues will be vigorously debated, including the overall cost of the bill and the role of a public program as an alternative to private health care coverage.  While debate may continue through most of December, Senate Democratic leaders hope to complete work on the bill before the Christmas recess.  It is unclear at this time whether the Democratic leadership has the votes necessary to pass the bill or to amend it in ways to garner the 60 votes necessary for passage.  The House passed its version of health care reform on November 7.
 

Monday Quick Hits: Hot Policy Topics for This Week

This week is a busy one at the General Assembly. The tax reform debate heats up again on Tuesday with more presentations on the direction that North Carolina may take to increase revenues in our state. This meeting comes on the heels of national news reporting that we may be slowly recovering from the Great Recession.

This committee will also be closely watching the holiday shopping trends to see if there is a spike in sales tax collection or a dip. Read more here.

Also this week the NC Council of Community Programs will be holding its conference to discuss the major effects of the current budget on community based programs for people with mental illness, developmental disabilities, and addictive disorders. We will be attending the conference and will report any information regarding the state cuts.

Schedule for this week at the General Assembly:
Mon, November 30, 2009
10:00 AM
Children and Youth, Legislative Study Commission on

415 LOB

Tue, December 1, 2009
10:00 AM
Poverty Reduction and Economic Recovery Study Commission

544 LOB
10:00 AM
Interim Joint Finance Committee Meeting on Tax Reform

643 LOB

Wed, December 2, 2009
9:00 AM
Blue Ribbon Task Force on State Health Plan

1228/1327 LB
9:30 AM
Corrections, Crime Control, and Juvenile Justice Oversight Committee, Joint Legislative

643 LOB
1:00 PM
Urban Growth and Infrastructure Issues Study

544 LOB
Later this week:
National: The Senate will begin again the debate on health reform legislation. It does not look like we will see a vote any time soon.

International: December 3, 2009 is International Day of Persons with Disabilities.

Tuesday, November 24, 2009

Thanksgiving Holiday

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

Hill Report: Senate Introduces Bill on Intellectual Disability Terminology

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

Thanks to DPC for this update.
 

Monday, November 23, 2009

Hill Report: Senate Begins Debate on Health Reform Bill

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

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

Here is the comparison of the two bills.

Monday Quick Hits: Hot Policy Topics for This Week

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

Wednesday, November 18, 2009

National Reports: First Study on Crime Against People with Disabilities

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

Here are some of the findings from the report:

Persons age 12 or older with disabilities experienced 
approximately 716,000 nonfatal violent crimes and 2.3 mil- 
lion property crimes in 2007 as measured by the National 
Crime Victimization Survey (NCVS). Nonfatal violent 
crimes include rape, sexual assault, robbery, aggravated 
assault, and simple assault. Property crimes include 
household burglary, motor vehicle theft, and property theft.* 
About one third (34%) of the crimes against persons with or 
without a disability in 2007 were serious violent crimes 
(rape/sexual assault, robbery, or aggravated assault). Per- 
sons with disabilities were victims of about 47,000 rapes, 
79,000 robberies, 114,000 aggravated assaults, and 
476,000 simple assaults. 

• Age-adjusted rate of nonfatal violent crime against 
persons with disabilities was 1.5 times higher than the 
rate for persons without disabilities. 
• Persons with a disability had an age-adjusted rate of 
rape or sexual assault that was more than twice the rate 
for persons without a disability. 
• Females with a disability had a higher victimization rate 
than males with a disability; males had a higher rate 
than females among those without a disability. 
• Persons with a cognitive functioning disability had a 
higher risk of violent victimization than persons with any 
other type of disability. 
• Persons with more than one type of disability accounted 
for about 56% of all violent crime victimizations against 
those with any disability.

Read the report here: Bureau of Statistics.

Tuesday, November 17, 2009

NCGA: Legislative News-Senator Nesbitt New Majority Leader

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

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

Read more about the vote today on WRAL.

Monday, November 16, 2009

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

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

Here is a sample of some of those articles:

Winston Salem Journal: Many Fear Health Cuts

Monday Quick Hits: Hot Policy Topics for This Week

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

Until then here is the upcoming schedule:

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

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

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

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


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

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

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

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


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

Thursday, November 12, 2009

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

The Joint Legislative Oversight Committee for Mental Health, Developmental Disabilities and Substance Abuse services met this week.
It is becoming more clear to the committee members that the cuts to this budget are extremely significant and that community based services are struggling to continue to serve the most needy in our state.

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

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

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

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

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


Monday, November 9, 2009

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

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


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

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

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

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

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

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

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

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

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

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

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

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

Monday, November 2, 2009

Monday Quick Hits: Hot Policy Topics for This Week

North Carolina:

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

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

We will be monitoring this committee's work.

Schedule for the week:
Mon, November 2, 2009
1:00 PM
Perinatal Committee of the Child Fatality Task Force

1027/1128 LB

Tue, November 3, 2009
10:00 AM
House and Senate Finance Committees on Tax Reform

643 LOB

Wed, November 4, 2009
10:00 AM
Justus-Warren - Legislation and Resource Development

1027/1128 LB
10:00 AM
Justus Warren Heart Disease & Stroke Prevention - Prevention

1124/1224 LB
10:00 AM
Justus-Warren Heart Disease & Strok Prevention - Management

1228/1327 LB
10:00 AM
Justus Warren Heart Disease & Stroke Prevention - Public Awareness

1425 LB
1:00 PM
Justus-Warren Heart Disease and Stroke Prevention Task Force

1027/1128 LB

Thu, November 5, 2009
9:00 AM
Urban Growth and Infrastructure Issues

544 LOB
1:00 PM
Public Health Study Commission

643 LOB



Monday, October 26, 2009

Monday Quick Hits: Hot Policy Topics for This Week

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

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

So this week we have the following on the calendar:
 
Monday, October 26, 2009
10:00 AM Child Fatality Taskforce - Unintentional Death Committee 1027/1128 LB

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

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


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

Friday, October 23, 2009

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

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

Read more at Disability Scoop.

Tuesday, October 13, 2009

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

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

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

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

We need you to join this effort! If you are in Raleigh tomorrow or if you can plan to be in Raleigh tomorrow, we need you to attend the Legislative Oversight Committee meeting.
Here are the details:
Joint Legislative Oversight Committee Meeting MH/DD/SAS
10:00 AM    Legislative Office Building Room 643.

Here is the agenda:

Joint Legislative Oversight Committee on
Mental Health, Developmental Disabilities, & Substance Abuse Services

October 14, 2009, 10:00 A.M.; Room 643, Legislative Office Building
Senator Nesbitt, Co-Chair Presiding

AGENDA

I. Introductions  10:00

II. Secretary’s Remarks

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

IV. Status of CAP-MR/DD Supports Waiver

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

Lunch 12:30-1:30

VI. Child Mental Health Project – Sarah Sabornie
 
VII. Funding for Former Thomas S. Class Members

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

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

Friday, October 9, 2009

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

Joint Legislative Oversight Committee on
Mental Health, Developmental Disabilities, & Substance Abuse Services

October 14, 2009, 10:00 A.M.; Room 643, Legislative Office Building
Senator Nesbitt, Co-Chair Presiding

AGENDA

I. Introductions 10:00

II. Secretary’s Remarks

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

IV. Status of CAP-MR/DD Supports Waiver

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

Lunch 12:30-1:30

VI. Child Mental Health Project – Sarah Sabornie
 
VII. Funding for Former Thomas S. Class Members

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

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



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

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

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

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

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

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


Thursday, October 8, 2009

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

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


Joint Legislative Oversight Committee on

Mental Health, Developmental Disabilities, & Substance Abuse Services

 

AGENDA

 

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

Senator Nesbitt, Co-Chair Presiding

 

I.         Introductions

10:00

II.      Secretary’s Remarks

 

III. Reduction in Level III and IV Residential Facilities

-DHHS Presentation

-LME Perspective

 

 

IV. Status of CAP-MR/DD Supports Waiver

 

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

 

Lunch

12:30-1:30

VI.   Child Mental Health Project – Sarah Sabornie

 

VII.     Funding for Former Thomas S. Class Members

 

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

 

 

IX.     Final Remarks and Adjournment

                           3:30-4:00       

 

Wednesday, October 7, 2009

News: Disability History and Awareness Month

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

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

The article quotes Nancy Starnes, director of external affairs for the Washington-based National Organization on Disability.
"It's always good to realize how much of an impact people with disabilities have made on the history and landscape of our country. "I'm excited that they're going to be doing this. I think it's going to be a wonderful addition."

Read more at CNN.

Monday, October 5, 2009

Monday Quick Hits: Hot Policy Topics for This Week

Monday Quick Hits:

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

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

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

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


Thursday, October 1, 2009

NCGA: Legislation You Can Use

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

Legislation 2009- Information You Can Use

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

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

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

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

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

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

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

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

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

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

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

Wednesday, September 30, 2009

Arc Federal Update: Hot Topics from the Hill

FY 2010 Appropriations
 
The House passed a one month Continuing Resolution (CR) to keep most federal programs operating at current FY 2009 levels through October 31.  The Senate is expected to pass an identical CR this week.  None of the twelve FY 2010 appropriations bills will be signed into law prior to the start of the fiscal year.
 
Health Care Reform
 
The Senate Finance Committee began to mark up the America's Healthy Future Act of 2009. The following provisions, which are of particular interest to persons with disabilities, were included:
  • Addition of the Community First Choice Option (CFC) to the package. The CFC Option would allow states to provide individuals with disabilities who are eligible for Medicaid institutional settings with a broad array of community-based services and supports. Services under this option would include supports to assist individuals with activities of daily living (ADLs), instrumental activities of daily living (IADLs), and health-related tasks through hands-on assistance, supervision, or cueing. States choosing to use the CFC Option would enjoy a 6 percent increase in the federal Medicaid match rate. The Option would sunset after 5 years. This provision was added by Chairman Max Baucus (D-MT) as part of his modifications to the Chairman's Mark. Senator Schumer (D-NY) had submitted the provision as a proposed amendment, but did not need to offer it during the Committee mark-up since it was included in the Chairman's modified Mark. Advocates believe that the CFC Option would support the Olmstead decision and help address state waiting lists by giving people the choice to leave facilities and institutions for their own homes and communities with appropriate, cost effective services and supports.
  • An elimination of Medicare Part D co-pays for dual eligibles (those who receive both Medicare and Medicaid benefits) residing in home and community based settings and covered under Sec. 1115 and 1915 waiver programs. This amendment was offered by Sens. Bill Nelson (D-FL), Jeff Bingaman (D-NM) and Jay Rockefeller (D-WV).
Medicare
 
The House of Representatives, by a vote of 408-18, approved the Medicare Premium Fairness Act, (H.R. 3631), a one year fix that will avert a premium increase for the Medicare Part B (outpatient) program. Its $.2.8 billion cost will be offset by cuts to the Medicare Improvements Program.  The Senate could act on the premium bill soon. 
 

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

DHHS Implementation Update: Division of MH/DD/SAS

In our on going effort to keep you up to date with information regarding the consolidation of case management and the budget cuts to community support we have two documents that you might want to see.
The first is the implementation update.  The second is a special communication regarding community support.

Friday, September 25, 2009

The Arc NC: Paul Marchand Is Reviewing Federal Legislative Issues

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

The Arc of NC: State Conference 2009 Underway

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

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

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

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

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

Thursday, September 24, 2009

NCGA: MH/DD/SAS Legislative Oversight Meeting Report

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

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

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

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

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

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

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

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

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

Community Support:

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

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

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

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

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

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

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

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

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


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


National Arc Alert: Take Action Now!

Health Care Reform: Now it’s Personal

More Info:

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

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

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

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

Then you need to get involved right NOW.

Why Now?

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

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

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

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

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

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

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

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

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

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

Take Action

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


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


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


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


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

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

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





Wednesday, September 23, 2009

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

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

NCGA: MH/DD/SAS Legislative Oversight Meeting

Today the MH/DD/SAS Legislative Oversight Meeting is being held at 10:00am in room 643 today.
We encourage you to attend the meeting if you are in town. If not please listen in on the legislative website or follow along with us on this blog and our twitter.

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

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

Tuesday, September 22, 2009

NCGA: First Legislative Oversight Meeting MH/DD/SAS

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

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

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


Joint Legislative Oversight Committee on
Mental Health, Developmental Disabilities, & Substance Abuse Services

AGENDA
September 23, 2009, 10:00 A.M.; Room 643, Legislative Office Building
Representative Verla Insko, Co-Chair Presiding

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

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

Lunch 12:30-1:30

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

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

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

Monday, September 21, 2009

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

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

We begin today with the School Violence Prevention Act.

Legislation 2009 – Information You Can Use
School Violence Prevention Act

History:

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

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

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

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

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

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

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

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

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

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

What You Can Do To Make This Law Effective:

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

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

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

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