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. www.gcdd.org www.unlockthewaitinglists.com Follow us on Facebook, Twitter & Capitol Impact Moving Forward e-Updates available at http://www.gcdd.orgpublicpolicyindex.htm 2 Peachtree Street, NW Suite 26-246 Atlanta, Georgia 30303 http://www.gcdd.org 888-ASK-GCDD TDD 404-657-2133 FAX 404-657-2132 Return service requested ( ) Please check here and return to your mail carrier if you no longer wish to receive Moving Forward.