Moving forward, vol. 17, no. 10 (2012 March 9)

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

The Developmental Disabilities Advocates' Guide to Legislation
March 9, 2012 Volume 17--Issue 10

DAY 30, Crossover Day! Wednesday was the 2nd longest day of the legislative session, as both Houses strive to get bills they want to keep alive passed out of their respective houses. On the back page, we have edited out the bills that have not crossed over.

The House passed the 2013 budget. The Health Appropriations Subcommittee (Butch Parrish, 156) added 50 ICWP waivers, and the Human Services Appropriations Subcommittee (Katie Dempsey, 13) committed BIPP funds to cover the annualizations of waivers awarded to youth aging out of DFCS.

The Senate Human Development Subcommittee on Appropriations heard the DBHDD, DHS, and Labor 2013 budget presentations Tuesday. We will work now to ensure that the Senate supports the changes that the House made. According to DCH, the application for the Balancing Incentive Payment Program was submitted this week, which would give Georgia a projected $19 million for HCBS.

House and Senate News:

Department of Community Health; FY 2013

House Leadership -- Speaker of the House: David Ralston, 7th; Speaker Pro Tempore: Jan Jones, 46th. The Speaker vote is held the opening day of the session, but we do not expect any changes. Majority Leader: Larry O'Neal, 146th; Minority Leader: Stacey Abrams, 84th.
Senate Leadership--Presiding: Lt. Gov. Casey Cagle; President Pro Tempore: Tommie Williams, 19th; Majority Leader: Chip Rogers, 21st; Majority Whip: Cecil Staton, 18th; Minority Leader: Steve Henson, 41st. Minority Whip: Vincent Fort, 39th.
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.

Provide funds for 50 Independent Care Waiver Program (ICWP)

waiver slots

state

$801,101

federal

$2,362,499

Department of Human Services; FY 2013

The Governor is proposing to move Vocational Rehabilitation services to the Georgia Vocational Rehabilitation Agency to be attached to DHS. HB 1146, the authorizing legislation, passed the House. The following Divisions will be part of the new agency.

Business Enterprise Program

state funds total funds

$267,655 $2,233,740

Disability Adjudication Unit

total funds

$55,598,820

Georgia Industries for the Blind total funds

$11,828,888

Roosevelt Warm Springs Inst.

state funds total funds

$5,484,053 $31,366,429

Budget Information:
The 2012 Session tackles the 2012 supplemental budget, referred to here as FY 2012A, (ending June 30, 2012) and the 2013 FY budget (beginning July 1, 2012).
Department of Behavioral Health and Developmental
Disabilities; FY 2013
The Department is in the second year of the Settlement Agreement with the Department of Justice which was signed on October 19, 2010. The agreement lays out five years of deliverables to better serve people with mental illness and developmental disabilities currently living in state institutions or at risk of institutionalization. The budget package for the settlement is listed following.

Provide funding for developmental disabilities consumers

community settings to comply with the DOJ settlement

agreement:

$4,216,000

Vocational Rehabilitation

state funds total funds

$12,851,140 $79,324,509

Department of Education FY 2013

The biggest changes in the Department of Education budget were to wrap a few more items into the Quality Basic Education Formula which comprise the state portion of each student's funding.

Provide an increase based on 0.36% enrollment growth and for

training and experience

$114,456,895

Provide differentiated pay for newly certified math and science

teachers.

$3,020,931

Provide a grant to the State Special Charter Schools $8,647,953
Transfer funds for Nutrition ($15,788,068), Pupil Transportation ($127,704,479), and School Nurses ($30,071,158) into the Quality Basic Education Program
$173,563,705

Includes:

Family Support:

$1,466,000

This figure reflects the average actual costs of family support delivered in the past fiscal year.

9 crisis respite homes, 6 mobile crisis teams: $2,300,000

Provide for additional 150 COMP waivers and annualize the

cost of 100 NOW and COMP waivers from FY 2012

(community waivers)

$5,290,181

Use the Balancing Incentive Payment Program for additional

100 NOW / COMP waivers in the community:

YES

Use the Balancing Incentive Payment Program to annualize

the cost of 150 FY 2012 COMP waivers

YES

Use the Balancing Incentive Payment Program to annualize

the cost of NOW and COMP waivers for youth aging out of

DFCS

YES

NEW COMP waivers are paid for out of Money Follows Person. The BIPP can finance annualizations and community waivers.

Transfer funds for Georgia Special Needs Scholarships to the

Quality Basic Education Program

$10,144,033

Department of Human Services--Aging FY 2013

The Division of Aging did NOT lose the 2% cuts to Alzheimer's Respite, ($225,000), HCBS Respite ($405,556), and the Center for the Visually Impaired ($177,859). The Council on Aging was cut 2%.

Benefit Incentive Payment Program (BIPP)

The BIPP will provide an extra 2% increase of the federal match rate for Medicaid HCBS services. Three components are required within 6 months of being accepted in the program: No Wrong Door entry system to services, a conflictfree case management system, and a standardized assesment instrument for all programs. An estimated $19,086,355 in the DCH budget reflects the anticipated extra funding, which must be used for HCBS.

CALENDAR: Monday March 12 is Day 31. Tuesday is Day 32, Wednesday the 14th is Day 33. Adjourned until Monday the 19th, Day 34, and meeting through Thursday March 22, which will be Day 37.

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.

Legislation: HOUSE
HB 432: To allow employees to use sick leave for the care of immediate family members. Sponsors: Dempsey, 13; Manning, 32; Smith, 129; McKillip, 115; Sims, 119; Kaiser, 59. Status: IR; House Committee Favorably Reported.
HB 641: To substantially revise, supersede, and modernize provisions relating to juvenile proceedings. Sponsors: Willard, 49; Lindsey, 54; Abrams, 84; Collins, 27; Oliver, 83. Status: Judy; Senate Read & Referred.

Sponsors: Holcomb, 82; Frazier,123; Ashe,56; Hugley, 133; Parent, 81. Status: Ed; House Second Readers.
HR 1722: Creating the House Study Committee on Alternative Living Services Reimbursement Rates. Sponsor: Stephens, 164. Status: House Hopper. HR 1725: Recognizing the need to raise awareness of Down syndrome. Sponsors: Nimmer, 178; Houston, 170; Powell, 171; Collins, 27. Status: House Read and Adopted.
Legislation: SENATE

HB 669: Relating to the organization of the executive branch, so as to SB 292: To enact the "Social Responsibility and Accountability Act;" to

require the reporting of federal funds received by certain state agencies. provide that the DHS shall create an established drug test to be

Sponsor: Clark, 98. Status: BFA; House Committee Favorably Reported. administered to each applicant for TANF or Medicaid benefits.

HB 713: Relating to the "Quality Basic Education Act," so as to delay

Sponsors: Albers, 56; Rogers, 21; Gooch, 51; Shafer, 48; Carter, 1;

implementation of some career and college readiness initiatives until the Ligon, 3. Status: H&HS; Senate Passed/Adopted.

2013-2014 school year; to require career education in grades k-12; to SB 312: Relating to public assistance, so as to require applicants for food

change the mandated assessment for postsecondary readiness to the end stamps and TANF to engage in personal growth activities; to provide for

of 11th grade. Sponsors: Nix, 69; Coleman, 97; Davis, 109; Kaiser, 59; applicability. Sponsors: Lignon, 3; Albers, 56; Carter, 1; Williams, 19.

Carter, 175; Casas, 103. Status: ED&Y; Senate Read Second Time.

Status: H&HS; Senate Passed/Adopted.

HB 741: To amend an Act providing appropriations for the State Fiscal SB 373: Relating to certificates of public necessity and convenience and

Year beginning July 1, 2011, and ending June 30, 2012. Sponsors:

medallions for vehicles for hire, so as to provide for authority to operate

Ralston, 7; Jones, 46; O'Neal, 146; England, 108. Status: Senate

vehicles for hire equipped to transport passengers in wheelchairs

Passed/Adopted. Conference Committee

throughout the state. Sponsors: Mullis, 53; Jackson, 24; Unterman, 45;

HB 742: To make and provide appropriations for State Fiscal year

Hill, 32; Stoner, 6. Status: Trans; House First Readers.

beginning July 1, 2012, and ending June 30, 2013. Sponsors: Ralston, SB 410: Relating to an accountability assessment for K-12 education, so

7; Jones, 46; O'Neal, 146; England, 108. Status: App, Senate Read and as to provide for annual indicators of the quality of learning by students,

Referred. HB 745: To require the Department of Public Health to study whether pulse oximetry screening should be a standard test for newborns for

financial efficiency, and school climate for individual schools and for school systems. Sponsors: Williams ,19; Mullis, 53; Rogers, 21; Jeffares, 17; Heath, 31. Status: Ed; House First Readers.

detection of congenital heart defects. Sponsors: Welch, 110; Ramsey, SB 418: Establish the Georgia Health Insurance Marketplace Authority.

72; Cooper, 41; Manning, 32; Watson, 163. Status: H&HS, Senate Read Sponsors: Orrock,36; Henson,41; Tate, 38; Fort, 39; Davis,22. Status:

and Referred.

I&L; Senate Read and Referred.

HB 861: Relating to law enforcement officers, so as to require law

SB 438: Relating to the state employees' health insurance plan, so as to

enforcement agencies to report drug related arrests to the Department of provide that no health insurance plan for employees of the state shall

Human Services; relating to general provisions for public assistance, so offer coverage for abortion services; to repeal conflicting laws, and for

as to require drug testing for applicants and recipients of state

other purposes. Sponsors: Crane, 28; Rogers, 21; Shafer, 48;

administered TANF benefits. Sponsors: Harden, 28; Ramsey, 72;

Williams, 19; Lignon, Jr., 3; McKoon, 29. Status: Senate Passed/

Allison, 8; Dempsey, 13; McBrayer, 153; Dutton, 166. Status: HHS;

Adopted.

Senate Read and Referred.

SB 443: To provide that a defendant must be found to be mentally

HB 920: Relating to the contents and form of the budget report, so as to retarded by a preponderance of the evidence to be found guilty but

require certain items to be included in the tax expenditure review.

mentally retarded. Sponsors: Fort, 39; Orrock, 36; Jones, 10;

Sponsors: Martin, 47; Abrams, 84; Lindsey, 54; Williamson, 111.

Davenport, 44; Butler, 55. Status: Judy; Senate Read and Referred.

Status: B&FAO; House Committee Favorably Reported.

SB 455: Relating to unfair or deceptive practices in consumer

HB 1110: To revise provisions relating to penalties relative to the owning transactions unlawful, so as to authorize licensed personal care homes

or operating of unlicensed personal care homes; to authorize the DCH to and community living arrangements to use certain terms. Sponsors:

provide for additional criminal offenses for background checks for owners Goggans, 7; Hill, 4; Williams, 19; Golden, 8; Orrock, 36. Status: HHS;

and employees. Sponsors: Cooper, 41; Benton, 31; Yates,73; Howard, Senate Read and Referred.

121; Lindsey, 54. Status: HHS; Senate Read and Referred.

SB 460: Relating generally to insurance, so as to provide a religious

HB 1146: To create the Georgia Vocational Rehabilitation Services

exception for the requirement that every health benefit policy in this

Board; and other matters. Sponsors: McCall, 30; Carter, 175; Hatchett, state provide coverage for contraceptives. Sponsors: McKoon, 29;

143; Collins, 27. Status: HHS; Senate Read and Referred.

Shafer, 48; Lignon, Jr., 3; Hill, 32. Status: Senate Passed/Adopted.

HB 1166: Relating to insurance, so as to provide for individual health

SB 469: Relating to labor organizations and labor relations, so as to

insurance coverage to children through child-only health policies; to

provide that certain provisions prohibiting mass picketing shall apply to

provide for legislative intent; to establish a mandatory, uniform open

certain private residences; to provide for an action to enjoin unlawful

enrollment period; to provide for definitions; to provide for guaranteed mass picketing; to provide for punishment and penalties. Sponsors:

issue coverage regardless of health status; to provide for special

Balfour, 9; Hamrick, 30; Cowsert, 46; Tolleson, 20. Status: Senate

enrollment periods for loss of coverage because of a qualifying event; to Passed/Adopted.

provide for a list of qualifying events; to provide effective dates for

SB 474: Relating to the GA Regional Transportation Authority; to

coverage purchased during an open enrollment period or after a

provide for the governance of transit; to establish a Transit Governance

qualifying event; to provide notice and marketing requirements; to

Council; to provide for the transfer of public transit services operations

provide for rules and regulations; to provide for an automatic repealer. through contractual agreement by Dec 31, 2014. Sponsors: Mullis, 53;

Sponsors: Atwood, 179; Smith, 131; Meadows, 5; Maxwell, 17;

Miller, 49; Chance, 16; Jackson, 24. Status: Senate Read and Referred.

Williams, 113; Dollar, 45. Status: I & L; Senate Read and Referred.

SB 489: Relating to emergency medical services, so as to require the

HB 1199: To amend provisions relating to the GA Regional

Georgia Trauma Care Network Commission to report annually to the

Transportation Authority. Sponsors: Sheldon, 105; Carter, 175; Lindsey, House and Senate Committees on Health and Human Services

54; Jacobs, 80; Mitchell, 88. Status: Trans; House Second Readers.

documenting certain outcomes and verifying certain expenditures of

HR 1162: To clarify authority of state to establish state-wide education funds. Sponsors: Mullis, 53; Unterman, 45; Albers,56; Rogers, 21;

policy; to restate the authority of the General Assembly to establish

Gooch, 51; Wilkinson, 50. Status: Senate Passed/Adopted.

special schools. Sponsors: Jones, 46; Coleman, 97; Lindsey, 54; Kaiser, SR 646: To ensure the necessary conditions for expanded high-quality

59; Morgan, 39; Hatchett, 143. Status: Ed&Y; Senate Tabled.

digital learning opportunities for the students of this state. Sponsor:

HR 1335: To authorize the creation of state charter schools; to authorize Rogers, 21. Status: Ed&Y; Senate Passed/Adopted.

State Board of Education to overturn a decision by a local board of education regarding the approval or denial of a local charter school.

SR 979: Creating Senate Aging Study Committee. Sponsor: Unterman, 45. Status: HHS; Senate Read and Referred.

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