Moving forward, vol. 16, no. 11 (2011 March 18)

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

The Developmental Disabilities Advocates' Guide to Legislation
March 18, 2011 Volume 16--Issue 11

Crossover Day: A huge amount of legislation passed through House and Senate on the 30th Day of the session. Legislation that did not get brought to either floor will remain in committee until next year when it can be brought up again to be acted upon.
Senate started agency presentations on the FY 2012 budget this week. The Health and Human Services Appropriations committees heard from DCH and BHDD staff Thursday morning. Senators are concerned about physician rate cuts, reductions to county boards of health among others. BHDD gave an update on the closure of the state hospital and supported the House's add for more waivers.
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 convene at 1 PM on Monday.

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.]

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

$17,889,360,261 $18,252,362,852

Realize efficiencies of serving fewer consumers in institutions by closing one state hospital.

Change FY 2011 to FY 2012

$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)

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;

Eliminate the contract with the Center for the Visually Impaired.

Senate Read and Referred.

House Fully Restored Funding

Reduce funds for Alzheimers Respite Services and Non-Medicaid Home Community Based Respite Services.
House Fully Restored Funding

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 competency proceedings; to provide for maximum commitment to the

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

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; Senate Read and Referred.

Legislation:

HB 432: Relating to general provisions relative to labor and industrial relations, so as to allow employees to use sick leave for the care of

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

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

HB 24: To substantially revise, supersede, and modernize provisions relating to evidence, [including] to change provisions relating to foreign language interpreters and interpreters for the hearing impaired. Sponsors: Willard, 49; Lindsey, 54; Weldon, 3; Dobbs, 53; Jacobs, 80. Status: Judy; Senate Read and Referred.
HB 52: To add public and private schools, public and private colleges, and 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; Senate Read Second Time.

HB 476: To establish the Georgia Health Exchange Authority; to provide for legislative intent; to provide for definitions; to provide for a board of directors; to provide for composition, terms, and officers; to provide for powers and duties of the authority; to provide for the Georgia Health Exchange and the Small Business Health Options Program (SHOP) Exchange; to provide for automatic repeal under certain conditions; to provide for a trust fund; to provide for an advisory committee; to provide for limited liability; to provide for rules and regulations; to provide for accounts and audits. Sponsors: Smith, 131; Meadows, 5. Status: Ins; House Withdrawn, Recommitted.

HB 77: To amend an Act providing appropriations for the State Fiscal Year SENATE

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.

SB 10: Relating to the local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that in each county or

municipality in which package sales of only malt beverages and wine by

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

retailers is lawful, the governing authority of the county or municipality, as

beginning July 1, 2011 and ending June 30, 2012. Sponsors: Ralston, 7; appropriate, may authorize package sales by a retailer of malt beverages

Jones, 46; O'Neal, 146; England, 108; Collins, 27; Huckaby, 113. Status: and wine on Sundays from 12:30 P.M. until 11:30 P.M., if approved by

Approp; Senate Read and Referred.

referendum; to provide procedures; to provide for applicability.

Sponsors: Bulloch, 11; Rogers, 21; Balfour, 9; Stoner, 6; Sims, 12;

HB 92: To provide limitations on when in-person absentee balloting may Grant, 25. Status: Senate Passed/Adopted.

be conducted; to provide for a period of advance voting; Sponsors:

Hamilton, 23; Meadows, 5; England, 108; Mosby, 90; Heard, 114;

SB 14: To raise the age of mandatory education from 16 to 17; to revise

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

provisions relating to adult literacy for purposes of conformity.

Sponsors: Jackson, 2; Jones, 10; Sims, 12. Status: Ed&Y; Senate Read

HB 181: Relating to the scholarship program for special needs students, and Referred.

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

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

SB 17: To establish the Special Advisory Commission on Mandated Health

103; Lindsey, 54; Nix, 69. Status: Ed&Y; Senate Read and Referred.

Insurance Benefits; to provide for review of proposed legislation containing

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

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

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

functions of the Division of Public Health of the Department of Community Second Readers.

Health to the Department of Public Health; to provide for transition to the

new agency; to create a Board of Public Health and a commissioner of pub- SB 178: Relating to health care facilities, so as to provide for the

lic health; to amend various titles for purposes of conformity. Sponsors: regulation and licensing of assisted living communities; to provide for

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

procedures and criteria; to provide for requirements for medication aides;

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

to revise provisions relating to personal care homes; to amend various

provisions of the Official Code of Georgia Annotated, so as to provide

HB 226: To provide for the comprehensive regulation of Individual

changes for purposes of consistency and conformity. Sponsors: Grant,

development accounts; to add to uses for individual development

25; Williams, 19; Hill, 32, Murphy, 27; Jackson, 24; Mullis, 53. Status:

accounts. Sponsors: Sheldon, 105; Houston, 170; Hill, 21; Cooper, 41; HHS; House First Readers.

Clark, 98. Status: HHS; Senate Read and Referred.

SB 198: Relating to primaries and elections generally, so as to provide

HB 229: Relating to administrative hearings and appeals under Medicaid definitions; to cover all disabilities in providing assistance in voting.

generally, so as to provide that the decision of the administrative law

Sponsors: Goggans, 7; Grant, 25; Unterman, 45. Status: Ethics; Senate

judge shall be the final administrative decision of the commissioner.

Read and Referred.

Sponsors:Cooper, 41; Jacobs, 80; Channell, 116; Lindsey, 54; Oliver, 83.

Status: Judy; Favorably Reported.

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

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

HB 324: Relating to the habitation of the developmentally disabled

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

generally; to repeal various obsolete provisions relating to procedures for that any such wheelchairs and scooters sold in this state shall be equipped

obtaining services from the DBHDD relative to developmentally disabled with reflectors. Sponsors: James, 35; Davenport, 44; Tate, 38; Seay, 34;

persons; to provide for hearings by administrative law judges; to eliminate Orrock, 36; Henson, 41. Status: PS; Senate Read and Referred.

hearing examiners; Sponsors: Neal, 1; Collins, 27th; Cooper, 41;

Gardner, 57; Murphy, 120. Status: HHS; Senate Read and Referred.

SB 245: Relating to definitions relative to governing and regulation of

mental health, so as to revise the definition of "developmental disability."

HB 343: Relating to the powers and duties of the DBHDD as it related to Sponsor: Goggans, 7. Status: HHS; House First Readers.

mental health, so as to provide for crisis stabilization units for the purpose

of providing psychiatric stabilization or detoxification services; to provide

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