Moving forward, vol. 16, no. 13 (2011 March 31)

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

The Developmental Disabilities Advocates' Guide to Legislation
March 31, 2011 Volume 16--Issue 13

Budget: The Senate voted out the budget on Wednesday morning, and we are happy to report that all the adds from the House were retained; 33 ICWP slots in DCH, and $680,411 for new waivers in the BHDD budget. Other remaining differences will be conferenced this coming week. The IDA Legislation, HB 226 passed the Senate on Monday, 52-0! Thanks to all our supporters!

HB 229 and SB 245, the Medicaid Appeals and DD Definition bills will be worked on over the interim. As of Wednesday evening, there had been no vote on Tax Reform legislation.

Legislature will adjourn next week for Spring Break. They'll convene again on Tuesday, April 12th for Day 39, and Thursday, April 14th will be Sine Die!

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, Senate: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, Senate: 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. The remaining $1,497,00 annualizes the Family Support services from the 2011 budget.]

QBE Formula: Increase funds for training and experience,

newly certified math and science teachers and charter sys-

tems. House and Senate:

$29,822,134

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

Reduce funds for GNETS (SED)

(1,298,054)

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

(1,099,980)

Provide funds for physical fitness activities $9,100, and

Provide for 250 additional waivers for NOW and COMP;

teacher training and experience at Georgia School for the

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

munity (6 months of funding)

$7,463,475

Deaf

$309,189

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

Change FY 2011 to FY 2012

institutions by closing one state hospital. Adult DD

Services:

(2,289,405)

www.gcdd.org

$363,002,591

Direct Support Services

(3,270,191)

Www.unlockthewaitinglists.com

Reduce one-time funds for the Marcus Institute (House

Stay in Touch! Go to www.gcdd.org / stay

restored funding to decrease waiting list for children with connected to register for all communications.

developmental disabilities)

$235,000

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

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

Services)

of providing psychiatric stabilization or detoxification services; to provide

for a definition; to provide for licensure; to provide for requirements; to

Eliminate the contract with the Center for the Visually Impaired.

provide for rules and regulations. Sponsors: Cooper, 41; Huckaby, 113;

House , Senate, Fully Restored Funding Collins, 27; Carter, 175; Houston, 170; Howard, 121. Status: Senate

Reduce funds for Alzheimers Respite Services and Non-Medicaid Home HHS; Favorably reported.

Community Based Respite Services. House, Senate, 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

Transfer the Family Connection program to the Governor's Office of Children and Families and recognize savings from consolidation.
House, Senate: NO

the use of consistent terminology; to provide for a bench trial for competency proceedings; to provide for maximum commitment to the DBHDD under certain circumstances; to amend the "Crime Victims' Bill of

Reduced county collaborative contracts. House, Senate, Restored Funding

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 Second Time.

Legislation:
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.
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 432: Relating to general provisions relative to labor and industrial relations, so as to allow employees to use sick leave for the care of 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 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 beginning July 1, 2010, and ending June 30, 2011. Sponsors: Ralston, 7;

SENATE

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

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

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

beginning July 1, 2011 and ending June 30, 2012. Sponsors: Ralston, 7; retailers is lawful, the governing authority of the county or municipality, as

Jones, 46; O'Neal, 146; England, 108; Collins, 27; Huckaby, 113. Status: appropriate, may authorize package sales if approved by referendum;

Approp; Senate Passed / Adopted.

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

Grant, 25. Status: RegInd; House Committee Favorably Reported.

HB 92: To provide limitations on when in-person absentee balloting may

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

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

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

provisions relating to adult literacy for purposes of conformity.

Sheldon, 105. Status: SLGO; Senate Read Second Time.

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,

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

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

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

Insurance Benefits; to provide for review of proposed legislation containing

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

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

Sponsors: Golden, 8; Goggans, 7; Shafer, 48. Status: Ins; House

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

Postponed.

functions of the Division of Public Health of the Department of Community

Health to the Department of Public Health; to provide for transition to the SB 178: Relating to health care facilities, so as to provide for the

new agency; to create a Board of Public Health and a commissioner of pub- regulation and licensing of assisted living communities; to provide for

lic health; to amend various titles for purposes of conformity. Sponsors: procedures and criteria; to provide for requirements for medication aides;

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

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

Huckaby, 113. Status: HHS; Senate Committee Favorably Reported.

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

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

HB 226: To provide for the comprehensive regulation of individual

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

development accounts; to add to uses for individual development

HHS; House Committee Favorably Reported.

accounts. Sponsors: Sheldon, 105; Houston, 170; Hill, 21; Cooper, 41;

Clark, 98. Status: HHS; Senate Passed / Adopted.

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

definitions; to cover all disabilities in providing assistance in voting.

HB 229: Relating to administrative hearings and appeals under Medicaid Sponsors: Goggans, 7; Grant, 25; Unterman, 45. Status: Ethics; Senate

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

Read and Referred.

judge shall be the final administrative decision of the commissioner.

Sponsors:Cooper, 41; Jacobs, 80; Channell, 116; Lindsey, 54; Oliver, 83. SB 238: Relating to general provisions relative to handicapped persons, so

Status: Judy; Favorably Reported.

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

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

HB 324: Relating to the habitation of the developmentally disabled

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

generally; to repeal various obsolete provisions relating to procedures for with reflectors. Sponsors: James, 35; Davenport, 44; Tate, 38; Seay, 34;

obtaining services from the DBHDD relative to developmentally disabled

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

persons; to provide for hearings by administrative law judges; to eliminate

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

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

Gardner, 57; Murphy, 120. Status: HHS; Senate Committee Favorably

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

Reported.

Sponsor: Goggans, 7. Status: HHS; Senate Passed / Adopted.

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

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