Moving forward, vol. 16, no. 10 (2011 March 11)

Moving Forward
Brought to you by the Georgia Council on Developmental Disabilities

The Developmental Disabilities Advocates' Guide to Legislation
March 11, 2011 Volume 16--Issue 10

2011 Budget put to bed, and 2012 budget passed House. Unlock gained additional funds in both BHDD and DCH budgets! The 2012 budget now moves to Senate committees for deliberation. See below for details on the House version of the 2012 budget, HB 78.

DAY 30 looms this week. Wednesday, March 16th is Crossover Day. If a bill does not get voted out of either House or Senate by Midnight (yes, we expect it to be a long day!) it can still be voted on before the end of session, but it cannot advance to the other chamber.

Calendar: March 21st, 22nd, 23rd will be Days 31, 32, 33. Monday, March 28th will be Day 34. Six legislative days are left to be scheduled.

House and Senate News:

Department of Community Health; FY 2012:

House Leadership -- Speaker of the House: David Ralston, Eliminate optional benefit coverage for adult vision, dental

7th; Speaker Pro Tempore: Jan Jones, 46th. Majority

and podiatry

Leader: Larry O'Neal 146th; Minority Leader: Stacey Abrams.

(864,829)

(6,163,079) (House: No)

Senate Leadership--Presiding: Lt. Gov. Casey Cagle; President Pro Tempore: Tommie Williams, 19th; Majority

Provide funding for 33 slots in the Independent Care Waiver Program to address the community waiting list $545,543

Leader: Chip Rogers, 21st; Majority Whip: Cecil Staton, 18th; Health Facilities Regulation: reduce funds for 6 new state

Minority Leader: Robert Brown, 26th. Minority Whip: Steve Henson, 41st.

licensure positions in FY 2011 appropriations.

(478,181)

Contact information for the Governor--The Honorable Nathan Deal, 203 State Capitol, Atlanta, Georgia, 30334; 404-656-1776, http://gov.state.ga.us
Visit www.vote-smart.org to identify your legislators. Find your legislators' contact information at www.legis.state.ga.us House Information, 1-800-282-5800; Senate Information 1-800-282-5803.
Budget Information, Governor's Proposed Budgets The following figures are the House version of the FY 2012 budget. Cuts are in ( ). State dollars unless indicated.

Restore funds for the Children 1st Program

$1,500,000

Reflect savings from the phase out of the Babies Born

Healthy program.

(2,915,006)

Reduce general grant-in-aid to county boards of health (2,484,328) House: No

Implement new copayments for PeachCare members 6 years

of age and older

(1,503,409)

Department of Education, FY 2012

Reduce funds provided for Residential Treatment Centers

Department of Behavioral Health and Developmental House: (38,701), Sparsity Grants (298,331), and Special

Disabilities; Georgia reached a settlement with the

Needs Scholarships (966,636)

Department of Justice on October 19, 2010. Figures below

support the Settlement Agreement.

Preschool Handicapped: Reduce funds.

(574,851)

FY 2012

Pupil Transportation, reduce funds.

(8,317,704)

Provide funding for 400 family supports, 5 crisis respite homes, and 6 mobile crisis teams for people with DD
$12, 800, 081
[Note: This is broken down into $1,684,800 for Family Support and $9,617,681 for mobile crisis teams and crisis respite homes.]

QBE Formula: Increase funds for enrollment growth,

training and experience, newly certified math and science

teachers and charter systems.

$90,502,247

Reduce funding provided for the RESAs core services. (482,344)

Annualize the cost of the FY 2011 150 waiver slots for the Reduce funds for GNETS (SED) New Options Waiver (NOW) and COMP Waiver $7,092,697 School Nurses: Reduce funding for grants.

(1,298,054) (1,099,980)

Provide for 250 additional waivers for NOW and COMP;

Provide funds for physical fitness activities at Georgia School

150 to transition people from hospitals, 100 for the com- for the Deaf

$309,189

munity (6 months of funding)

$7,463,475

Department of Labor; Vocational Rehabilitation, 2012 Provide funding for additional NOW/COMP waivers services

for youth aging out of DFCS custody

$680,411 Reduce funds for personal services.

(1,079,897)

Replace loss of the enhanced Federal Medical Assistance Reduce funds for contracts. Percentages (FMAP) from (ARRA) of 2009. $42,144,989

(391,362)

[Note: With the $42,144,989 above, $8,166,004 added to Adult Mental Health, and #,790,838 added to Child and Adolescent Mental Health, the state dollars to replace the loss of ARRA funds are made whole.]
Realize efficiencies of serving fewer consumers in institutions by closing one state hospital.

Total State Budget FY 2011
Total State Budget FY 2012 Revenue Estimate
Change FY 2011 to FY 2012

$17,889,360,261 $18,252,362,852
$363,002,591

Adult Developmental Disabilities Services

(2,289,405)

www.gcdd.org

Direct Support Services

(3,270,191)

Www.unlockthewaitinglists.com

Reduce one-time funds for the Marcus Institute (House

restored funding to decrease waiting list for children with Stay in Touch! Go to www.gcdd.org / stay

developmental disabilities)

$235,000 connected to register for all communications.

The Georgia Council on Developmental Disabilities collaborates with Georgia citizens, public and private advocacy organizations, and policymakers to positively influence public policies that enhance the quality of life for people with developmental disabilities and their families.

Department of Human Services; 2012 (Division of Aging Services)

Sponsors: Willard, 49; Cooper, 41; McKillip, 115; Oliver 83; Gardner, 57. Status: HHS; House Second Readers.

Eliminate the contract with the Center for the Visually Impaired. House Fully Restored Funding
Reduce funds for Alzheimers Respite Services and Non-Medicaid Home Community Based Respite Services.
House Fully Restored Funding

HB 258: Relating to emergency admissions of persons who are mentally ill; to authorize a licensed professional counselor to perform certain acts regarding emergency examinations of persons who are mentally ill or alcoholic or drug dependent. Sponsors: Houston, 170; Neal, 1; Oliver, 83; Cooper, 41; Meadows, 5; Dempsey, 13. Status: HHS; House Second Readers.

Transfer the Family Connection program to the Governor's

Office of Children and Families and recognize savings from

consolidation.

House: NO

Reduced county collaborative contracts. House Restored Funding

HB 324: Relating to the habitation of the developmentally disabled generally; to repeal various obsolete provisions relating to procedures for obtaining services from the DBHDD relative to developmentally disabled persons; to provide for hearings by administrative law judges; to eliminate hearing examiners; Sponsors: Neal, 1; Collins, 27th; Cooper, 41; Gardner, 57; Murphy, 120. Status: HHS; House Rules.

Legislation:

HB 343: Relating to the powers and duties of the DBHDD as it related to

HB 23: To require the Department of Human Services to establish regulations governing the use of psychotropic medications for foster children in state custody. Sponsor: M.Oliver, 83. Status: HHS; House Second Readers

mental health, so as to provide for crisis stabilization units for the purpose of providing psychiatric stabilization or detoxification services; to provide for a definition; to provide for licensure; to provide for requirements; to provide for rules and regulations. Sponsors: Cooper, 41; Huckaby, 113;

Collins, 27; Carter, 175; Houston, 170; Howard, 121. Status: HHS; Move

HB 24: To substantially revise, supersede, and modernize provisions

to House Vote.

relating to evidence, [including] to change provisions relating to foreign

language interpreters and interpreters for the hearing impaired.

HB 405: to provide for the regulation and licensing of assisted living

Sponsors: Willard, 49; Lindsey, 54; Weldon, 3; Dobbs, 53; Jacobs, 80. communities; to provide for procedures and criteria; to provide for

Status: Judy; Senate Read and Referred.

requirements for medication aides; to revise provisions relating to personal

care homes. Sponsors: Martin, 47; Lindsey, 54; Abrams, 84; Houston, HB 52: To add public and private schools, public and private colleges, and 170; Dickson, 6; Brooks, 63. Status: HHS; Favorably Reported. public and private universities to the places where disabled persons may

be accompanied by a guide or service dog; to prohibit the requiring of extra deposits for persons with guide or service dogs. Sponsor: Bearden, 68. Status: H.Ed; Favorably Reported.

HB 421: Relating to change provisions relating to the proceedings upon a plea of mental incompetency to stand trial; to provide for definitions and the use of consistent terminology; to provide for a bench trial for

HB 77: To amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2010, and ending June 30, 2011. Sponsors: Ralston, 7; Jones, 46; O'Neal, 146; England, 108; Collins, 27; Huckaby, 113. Status: Approp; House Date Signed by Governor.

competency proceedings; to provide for maximum commitment to the DBHDD under certain circumstances; to amend the "Crime Victims' Bill of Rights" so as to change provisions relating to victim notification from the DBHDD. Sponsors: Welch, 110; Willard, 49; Manning, 32; Atwood, 179.

Status: Judy; House Second Readers.

HB 78: To make and provide appropriations for the State Fiscal year

beginning July 1, 2011 and ending June 30, 2012. Sponsors: Ralston, 7; HB 432: Relating to general provisions relative to labor and industrial

Jones, 46; O'Neal, 146; England, 108; Collins, 27; Huckaby, 113. Status: relations, so as to allow employees to use sick leave for the care of

Approp; House approved

immediate family members; to provide for definitions; to provide for

HB 92: To provide limitations on when in-person absentee balloting may be conducted; to provide for a period of advance voting; Sponsors: Hamilton, 23; Meadows, 5; England, 108; Mosby, 90; Heard, 114;

conditions to take leave; to provide that retaliatory actions are unlawful. Sponsors: Dempsey, 13; Manning, 32; Smith, 129; McKillip, 115; Sims, 119; Kaiser, 59. Status: IR; House Second Readers.

Sheldon, 105. Status: SLGO; Senate Read and Referred.

SENATE

HB 132: To require certain insurance coverage for physician prescribed special dietary foods or formulas for specific chronic medical conditions; Sponsors: Watson, 163; Lindsey, 54; Benfield, 85. Status: Ins; House Second Readers.

SB 14: To raise the age of mandatory education from 16 to 17; to revise provisions relating to adult literacy for purposes of conformity. Sponsors: Jackson, 2; Jones, 10; Sims, 12. Status: Ed&Y; Senate Read and Referred.

HB 181: Relating to the scholarship program for special needs students, SB 17: To establish the Special Advisory Commission on Mandated Health

so as to provide for the waiver of one of the scholarship requirements

Insurance Benefits; to provide for review of proposed legislation containing

under certain conditions. Sponsors: Golick, 34; Coleman, 97; Casas,

a mandated health insurance benefit or provider; and other matters.

103; Lindsey, 54; Nix, 69. Status: Educ; Moved to House Vote.

Sponsors: Golden, 8; Goggans, 7; Shafer, 48. Status: I&L; House

HB 214: To establish the Department of Public Health; to reassign

Second Readers.

functions of the Division of Public Health of the Department of Community SB 198: Relating to primaries and elections generally, so as to provide

Health to the Department of Public Health; to provide for transition to the definitions; to cover all disabilities in providing assistance in voting.

new agency; to create a Board of Public Health and a commissioner of pub- Sponsors: Goggans, 7; Grant, 25; Unterman, 45. Status: Ethics; Senate

lic health; to amend various titles for purposes of conformity. Sponsors: Read and Referred.

Channell, 116; Parish, 156; England, 108; Sheldon, 105; Cooper, 41;

Huckaby, 113. Status: HHS; Senate Read and Referred.

SB 238: Relating to general provisions relative to handicapped persons, so

as to provide that any motorized wheelchair or scooter operated on public

HB 226: To provide for the comprehensive regulation of Individual

ways and sidewalks after dark shall be equipped with reflectors; to provide

development accounts; to add to uses for individual development

that any such wheelchairs and scooters sold in this state shall be equipped

accounts. Sponsors: Sheldon, 105; Houston, 170; Hill, 21; Cooper, 41; with reflectors. Sponsors: James, 35; Davenport, 44; Tate, 38; Seay, 34;

Clark, 98. Status: HR&A; Moved to House Vote.

Orrock, 36; Henson, 41. Status: PS; Senate Read and Referred.

HB 229: Relating to administrative hearings and appeals under Medicaid generally, so as to provide that the decision of the administrative law judge shall be the final administrative decision of the commissioner. Sponsors:Cooper, 41; Jacobs, 80; Channell, 116; Lindsey, 54; Oliver, 83. Status: Judy; Favorably Reported.

SB 245: Relating to definitions relative to governing and regulation of mental health, so as to revise the definition of "developmental disability." Sponsor: Goggans, 7. Status: HHS; Favorably Reported.

HB 231: To provide community alternatives to institutionalized care for treatment of mental illness, to change provisions relating to emergency treatment of mental illness and alcoholic and drug dependent individuals.

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