Moving forward, vol. 16, no. 9 (2011 March 4)

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

The Developmental Disabilities Advocates' Guide to Legislation
March 4, 2011 Volume 16--Issue 9

First Five Day Work Week! Vigorous debates were held on changes to the Hope Scholarship Program, Billboards and Immigration reform. Several pieces of legislation on the Council's agenda moved; HB 226 (IDA) was approved in Human Relations and Aging; HB 229, Medicaid Appeals was approved in Civil Judiciary Subcommittee; HB 432, Flexible Sick Leave was dropped, and Amendments to the Election Code was dropped! We're moving forward!
Adjournment Calendar: Monday March 7 is Day 25. March 16th is scheduled to be Day 30, or Crossover Day, when a piece of legislation must have come out of House or Senate in order to keep moving.
The FY 2011 budget has not received final approval as yet. Committee meetings and hearings on the 2012 budget were held this week. Chairmen expect their various budgets to be finalized by Friday, and then the Appropriations Bill (HB 78) will begin moving through full committee and floor votes.

House and Senate News:

DBHDD Budget continued:

House Leadership -- Speaker of the House: David Ralston, Replace loss of the enhanced Federal Medical Assistance

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

Percentages (FMAP) from (ARRA) of 2009.

$42,144,989

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

[Note: With the $42,144,989 above, $8,166,004 added to

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

Adult Mental Health, and #,790,838 added to Child and

Leader: Chip Rogers, 21st; Majority Whip: Cecil Staton, 18th; Adolescent Mental Health, the state dollars to replace the

Minority Leader: Robert Brown, 26th. Minority Whip: Steve loss of ARRA funds are made whole.]

Henson, 41st.

Realize efficiencies of serving fewer consumers in institutions

Contact information for the Governor--The Honorable Nathan Deal, 203 State Capitol, Atlanta, Georgia, 30334; 404-656-1776, http://gov.state.ga.us

by closing one state hospital. Direct Support Services

(3,270,191)

Visit www.vote-smart.org to identify your legislators. Find

Reduce one-time funds for the Marcus Institute. (235,000)

your legislators' contact information at www.legis.state.ga.us House Information, 1-800-282-5800; Senate Information

Department of Community Health; FY 2011:

1-800-282-5803.

Infant and Child Essential Health: Reduce programmatic

Budget Information, Governor's Proposed Budgets grant-in-aid to County Boards of Health.

(167,798)

The 2011 amended budget is in conference committee.

Reflect savings from the phase out of the Babies Born

Cuts are in ( ). State dollars unless indicated. We've

Healthy program.

(339,605)

kept FY2011 and FY 2012 figures for BHDD only. All others, FY 2011 retained.

Infant and Child Health Promotion: Reduce funds for

personal services.

(854,036)

Department of Behavioral Health and Developmental Health Facilities Regulation: reduce funds for 6 new state

Disabilities; Georgia reached a settlement with the

licensure positions in FY 2011 appropriations. (478,181)

Department of Justice on October 19, 2010. Figures below

support the Settlement Agreement.

Department of Education, FY 2011A

FY 2011A

Reduce funds provided for Residential Treatment Centers

Provide funding for 400 family supports, 5 crisis respite homes, and 6 mobile crisis teams to serve people in

(154,804), (s) (87,434) Sparsity Grants (119,332), and Special Needs Scholarships (483,318) (H,S) (120,829)

community settings.

$2,778,820 Preschool Handicapped: Reduce funds.

(1,138,638)

[Note: This is broken down into $347,400 for Family Support and $2,404,420 for mobile crisis teams and crisis Pupil Transportation, reduce funds.

(5,545,136)

respite homes.]

QBE Formula: Provide a mid-term adjustment for

Replace loss of the enhanced Federal Medical Assistance enrollment growth. (G) $83,024,414 (H,S)

$82,952,420

Percentages (FMAP) from the American Recovery and

Provide differentiated pay for newly certified math and

Reinvestment Act of 2009. (ARRA)

$8,075,835 science teachers. (G) $12,664,855 (H,S)

$12.648,503

[Note: With the $8,075,835 above, $1,564,772 added to Adult Mental Health, and $726,402 added to Child and Adolescent Mental Health, the state dollars to replace the loss of ARRA funds are made whole.]

Reduce funding provided for the RESAs core services. (241,172)

Reduce funds for GNETS (SED)

(2,622,953)

FY 2012

School Nurses: Reduce funding for grants.

(1,099,980)

Provide funding for 400 family supports, 5 crisis respite

Department of Labor; Vocational Rehabilitation

homes, and 6 mobile crisis teams for people with DD $12, 800, 081

FY 2011A

[Note: This is broken down into $1,684,800 for Family

Reduce funds for personal services.

(1,079,897)

Support and $9,617,681 for mobile crisis teams and crisis Reduce funds for contracts. respite homes.]

(323,090)

Annualize the cost of the FY 2011 150 waiver slots for the

www.gcdd.org

New Options Waiver (NOW) and COMP Waiver $7,092,697

www.unlockthewaitinglists.com

Provide for 250 additional waivers for NOW and COMP;

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

150 to transition people from hospitals, 100 for the com- connected to register for all communications.

munity (6 months of funding)

$7,463,475

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; FY 2011A and 2012 (Division of Aging Services)

Eliminate the contract with the Center for the Visually Impaired.

(G) (177,859)

(H,S) (133,354)

Reduce funds for Alzheimers Respite Services (G: 225,000)

(H,S: 168,750) and Non-Medicaid Home Community Based Respite

Services (G: 1,376,718)

(H,S: 1,032,538)

Transfer the Family Connection program to the Governor's

Office of Children and Families and recognize savings from

consolidation

(9,374,089)

Legislation:

Status: Judy; 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, and other matters. Sponsors: Willard, 49; Cooper, 41; McKillip, 115; Oliver 83; Gardner, 57. Status: HHS; House Second Readers.
HB 258: To extend certain requirements of a peace officer to a member of the mobile crisis response team relating to emergency admissions of persons who are mentally ill; to authorize a licensed professional counselor to perform certain acts which physicians, psychologists, and others are authorized to perform 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.

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 324: Relating to the habitation of the developmentally disabled generally, so as to revise definitions; to repeal various obsolete provisions relating to procedures for obtaining services from the Department of Behavioral Health and Developmental Disabilities relative to

HB 24: To substantially revise, supersede, and modernize provisions relating to evidence, [including] to change provisions relating to foreign

developmentally disabled persons; to provide for hearings by administrative law judges; to eliminate hearing examiners; Sponsors:

language interpreters and interpreters for the hearing impaired.

Neal, 1; Collins, 27th; Cooper, 41; Gardner, 57; Murphy, 120. Status:

Sponsors: Willard, 49; Lindsey, 54; Weldon, 3, Dobbs, 53; Jacobs, 80. HHS; House Second Readers.

Status: Senate Read and Referred.

HB 343: Relating to the powers and duties of the Department of

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: Senate Read and Referred.

Behavioral Health and Developmental Disabilities as it related to 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;

HB 77: To amend an Act providing appropriations for the State Fiscal Year Collins, 27; Carter, 175; Houston, 170; Howard, 121. Status: HHS; House beginning July 1, 2010, and ending June 30, 2011. Sponsors: Ralston, 7; Second Readers.

Jones, 46; O'Neal, 146; England, 108; Collins, 27; Huckaby, 113. Status: Approp: Passed Senate.

HB 421: Relating to change provisions relating to the proceedings upon a

plea of mental incompetency to stand trial; to provide for definitions and

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

the use of consistent terminology; to provide for a bench trial for

beginning July 1, 2011 and ending June 30, 2012. Sponsors: Ralston, 7; competency proceedings; to provide for maximum commitment to the

Jones, 46; O'Neal, 146; England, 108; Collins, 27; Huckaby, 113. Status: Department of Behavioral Health and Developmental Disabilities under

Approp; House Second Readers

certain circumstances; to amend the "Crime Victims' Bill of Rights" so as to

change provisions relating to victim notification from the Department of

HB 92: To provide limitations on when in-person absentee balloting may Behavioral Health and Developmental Disabilities. Sponsors: Welch, 110;

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

Willard, 49; Manning, 32; Atwood, 179. Status: Judy; House First

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

Readers.

Sheldon, 105. Status: Senate Read and Referred.

HB 432: Relating to general provisions relative to labor and industrial

HB 132: To require certain insurance coverage for physician prescribed

relations, so as to allow employees to use sick leave for the care of

special dietary foods or formulas for specific chronic medical conditions;

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

Sponsors: Watson, 163; Lindsey, 54; Benfield, 85. Status: Ins; House conditions to take leave; to provide that retaliatory actions are unlawful.

Second Readers.

Sponsors: Dempsey, 13; Manning, 32; Smith, 129; McKillip, 115; Sims,

119; Kaiser, 59. Status: IR; House First Readers. HB 181: Relating to the scholarship program for special needs students,

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

SENATE

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

103; Lindsey, 54; Nix, 69. Status: Educ; 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. Sponsor:

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

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

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

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 17: To establish the Special Advisory Commission on Mandated Health

lic health; to amend various titles for purposes of conformity. Sponsors: Insurance Benefits; to provide for review of proposed legislation

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

containing a mandated health insurance benefit or provider; and other

Huckaby, 113. Status: HHS; Favorably Reported.

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

Favorably reported, committee substitute.

HB 226: To provide for the comprehensive regulation of Individual

development accounts; to add to uses for individual development

SB 19: To create the crime of medical identity fraud; to provide for

accounts. Sponsors: Sheldon, 105, Houston, 170; Hill, 21; Cooper, 41, punishment; to provide that actual and punitive damages are available to

Clark, 98. Status: HR&A: Favorably Reported.

victims of medical identity fraud. Sponsors: Hill, 32; Butterworth, 50.

Status: Judy; 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

SR 19: Creating the Senate Study Committee on Advance Directives.

judge shall be the final administrative decision of the commissioner.

Sponsor: Hill, 32. Status: Senate Read and Referred.

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

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