Moving Forward Brought to you by the Georgia Council on Developmental Disabilities The Developmental Disabilities Advocates' Guide to Legislation Jan 25, 2013 Volume 18--Issue 3 Beginning the day after Martin Luther King Remembrance Day, the Joint Committee on Appropriations began agency hearings on the state budget. The Governor opened up on Tuesday with a recap of his budget priorities delivered during the State of the State; as of print time on Thursday, hearings are ongoing. This week, we will focus on the Governor's proposed budget for the Department of Behavioral Health & Developmental Disabilities (DBHDD) and the proposed budget relating to the Department of Justice settlement agreement. Please see details below. If you'd like to follow the FY 2013 Amended Budget and the FY 2014 Budget through the General Assembly, the budget bills are filed as HB 105 through HB 110. You can view the budget yourself at http:// opb.georgia.gov House and Senate News: House Leadership -- Speaker of the House: David Ralston, 7th; Speaker Pro Tempore: Jan Jones, 46th. Majority Leader: Larry O'Neal, 146th; Minority Leader: Stacey Abrams, 84th. Senate Leadership--Presiding: Lt. Gov. Casey Cagle; President Pro Tempore: David Shafer, 48th. Majority Leader: Ronnie Chance, 16th; Minority Leader: Steve Henson, 41st. 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: The 2013 Session tackles the 2013 supplemental budget, referred to here as FY 2013A, (ending June 30, 2013) and the 2014 FY budget (beginning July 1, 2013). Department Budget Summary--FY 2014 FY13 current State General Funds: $927,970,753 $18,209,600 recommended increase Tobacco Settlement Funds: $10,255,138 TOTAL STATE FUNDS: $938,225,891 $18,209,600 recommended increase Community Mental Health Services Block Grant: $14,141,291 Medical Assistance Program: $24,477,192 $558,543 recommended increase Prevention & Treatment of Substance Abuse Block Grant: $46,889,589 Social Services Block Grant: $35,981,142 TANF Block Grant: $11,568,720 Federal Funds Not Itemized: $10,738,935 TOTAL FEDERAL FUNDS: $143,796,869 $558,543 recommended increase Other Funds: $50,396,688 $9,409,552 recommended increase TOTAL OTHER FUNDS: $50,396,688 $9,409,552 recommended increase Total Funds: $1,132,419,448 $28,177,695 recommended increase FY14 recom. $946,180,353 $10,255,138 $956,435,491 $14,141,291 $25,035,735 $46,889,589 $35,981,142 $11,568,720 $10,738,935 $144,355,412 $59,806,240 $59,806,240 $1,160,597,143 Department of Behavioral Health and Developmental Disabilities; FY 2013A and FY 2014 DOJ Settlement-Related Spending; FY 2013A and FY 2014 Like almost all other state agencies, DBHDD was given a 3 percent budget cut for the remainder of FY 2013 and FY 2014. During DBHDD's budget hearing on Wednesday, Commissioner Frank Berry explained that the department managed to cut the spending of state dollars without cutting services by filling in the gaps with a one-time funding source. Commissioner Berry added that this issue will need to be addressed for the 2015 budget. Below are the department's budget summaries for FY DBHDD is in the third 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. This year, DBHDD took a 3 percent cut with all the other state agencies. The proposed budget package for the settlement, in both 2013A and 2014, is listed following. 2013A and FY 2014; to see details on how the budget breaks down for each program in DBHDD, please see the full budget documents available at http://opb.georgia.gov. Settlement Funds for Developmental Disabilities--FY 2013A FY13 current FY13 Amended Family Supports for Department Budget Summary--FY 2013A FY13 current FY13 Amended State General Funds: $927,970,753 $898,406,282 ($29,564,471) recommended reduction Tobacco Settlement: $10,255,138 $10,255,138 TOTAL STATE FUNDS: $938,225,891 $908,661,420 ($29,564,471) recommended reduction Community Mental Health Services Block Grant: $14,141,291 $14,141,291 1,350 Families: $4,648,400 NOW/COMP Waivers (650 Waivers): $19,846,352 Crisis Respite Homes (9) & Mobile Crisis Teams (6): $11,917,681 Education of Judges and Law Enforcement: $250,000 Waiver Audits: $200,000 DD Total spending: $36,862,433 $4,648,400 $19,846,352 $11,917,681 $250,000 $200,000 $36,862,433 Medical Assistance Program: $24,477,192 Prevention & Treatment of Substance Abuse Block Grant: $46,889,589 Social Services Block Grant: $35,981,142 TANF Block Grant: $11,568,720 Federal Funds Not Itemized: $10,738,935 TOTAL FED FUNDS: $143,796,869 Other Funds: $50,396,688 $17,818,095 recommended increase Total Funds: $1,132,419,448 ($11,746,376) recommended reduction $24,477,192 $46,889,589 $35,981,142 $11,568,720 $10,738,935 $143,796,869 $68,214,783 $1,120,673,072 Settlement Funds for Developmental Disabilities--FY 2014 FY13 current FY14 recom. Family Supports for 1,850 Families: $4,648,400 $6,520,400 $1,872,000 recommended increase NOW/COMP Waivers (900 Waivers): $19,846,352 $31,812,512 $11,966,160 recommended increase for 250 new waivers Crisis Respite Homes (12) & Mobile Crisis Teams (6): $11,917,681 $11,917,681 Education of Judges and Law Enforcement: $250,000 $250,000 Waiver Audits: $200,000 $200,000 DD Total spending: $36,862,433 $50,700,593 $13,838,160 recommended increase 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 18: The "Blind Persons' Braille Literacy Rights and Education Act"; to require an evaluation of a blind or visually impaired child to determine such child's need for Braille instruction; to require Braille instruction in the individualized education program of a blind or visually impaired student; to provide requirements for textbook publishers relating to electronic materials; to provide license requirements relating to Braille for certain teachers. Sponsor: Waites, K., 60. Status: Prefiled. HB 24: Relating to procedure for sentencing and imposition of punishment, so as to repeal certain provisions regarding sentencing of defendants guilty of crimes involving bias or prejudice, circumstances, and parole; to provide for sentencing of certain defendants guilty of crimes which target a victim due to the victim's race, religion, gender, gender identity, sexual orientation, or national origin, circumstances, and parole; to provide for enhanced sentences in any case in which the trier of fact determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property of the victim as the object of the offense because of the victim's race, religion, gender, gender identity, sexual orientation, or national origin. Sponsor: Waites, K., 60. Status: Prefiled. HB 51: Relating to care and protection of indigent and elderly patients, so as to enact the "Hospital Medicaid Financing Program Act"; to authorize the Department of Community Health to assess a provider payment on hospitals for the purpose of obtaining federal financial participation for Medicaid. Sponsors: Hatchett, 150; Carter, 175; Coomer, 14. Status: Gov. Affairs; House Second Readers. HB 70: Relating to the scholarship program for special needs students, so as to provide for the waiver of one of the scholarship requirements under certain conditions; to provide deadlines for scholarship payments to parents. Sponsors: Golick, 40; Coleman, 97; Setzler, 35; Lindsey, 54; Dudgeon, 25; Kaiser, 59. Status: HE; House First Readers. HB 74: A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating generally to insurance, so as to provide for a short title and findings; to require health plans to provide coverage for hearing aids for certain individuals; to provide for the frequency of replacement of hearing aids; to provide for coverage of services and supplies; to provide options for higher priced devices; to provide for related matters; to repeal conflicting laws; and for other purposes. Sponsors: Edward Lindsey, 54; Doug Holt, 112; Mike Glanton, 75; Tom Dickson, 6; Tommy Benton, 31; Pat Gardner, 57. Status: Insurance; House First Readers. HB 78: relating to crimes and offenses, when depositions to preserve testimony in criminal proceedings may be taken, protection of disabled adults and elder persons, and reporting abuse or exploitation of residents in long-term care facilities; to change provisions relating to cruelty to a person 65 years of age or older; to prohibit exploitation of disabled adults, elder persons, and residents. Sponsors: Wendell, 51; Jones, 47; Lindsey, 54; Abrams, 89; Cooper, 43; Houston, 170. Status: Judiciary; House First Readers. HB 105, 107 & 108: Amending appropriations for State Fiscal Year 2012-2013. Sponsors: Ralston, 7;, Jones, 47; O'Neal, 146; England, 116. Status: House Hopper. HB 106, 109 & 110: Providing appropriations for State Fiscal Year 2013-2014. Sponsors: Ralston, 7;, Jones, 47; O'Neal, 146; England, 116. Status: House Hopper. Legislation -- SENATE: SB 14: Relating to indigent and elderly patients, so as to create a Georgia Alzheimer's and Related Dementias State Plan Task Force. Sponsor: Unterman, R. 45. Status: H&HS; Senate Read and Referred. SB 23: To establish the "Stacey Nicole English Act" and in her honor to aid in the location of missing persons who may be incapacitated due to serious medical conditions; to prohibit minimum waiting periods for initiating a missing person report; to authorize a state-wide endangered person advisory based on a missing person's severe medical condition. Sponsor: Davenport, 44; Fort, 39; Jones, 10; Donzella, 35; Tate, 38; Butler, 55. Status: Senate Hopper. SB 24: Same as HB51; Sponsors: Bethel, 54; Jeffares, 17; Jackson, 24. Status: RI&U; Senate Passed & Adopted. SB 34: To provide that it shall be unlawful for a mentally incompetent person or an addicted person to possess a handgun; to provide that it shall be unlawful to provide a handgun to a mentally incompetent person or an addicted person; to provide that it shall be unlawful to provide a handgun to any person known by the provider of the weapon to be a substantial risk of using the weapon illegally. Sponsor: Donzella, 35. Status: J.N-C.; Senate Read and Referred. SB 47: Relating to individual health insurance coverage, so as to provide that each individual accident and sickness policy sold shall provide coverage for treatment of dependent children with cancer and provide coverage for autism. Sponsors: Fort, 39; Henson, 41; Tate, 38; Sims, 12; Lucas, 26; Donzella, 35. Status: I&L; Senate Read and Referred. SB 50: Relating to absentee voting, so as to change the time periods for advance voting. Sponsors: Henson, 41; Ramsey, 43; Tate, 38; Butler, 55; Lucas, 26; Fort, 39. Status: Ethics; Senate Read and Referred. SB 62: Relating to care and protection of indigent and elderly patients, so as to establish the Federal and State Funded Health Care Financing Programs Overview Committee. Sponsors: Hill, 32; Shafer, 48; Unterman, 45; Miller, 49; Gooch, 51; Hill, 6. Status: Senate Hopper. SB 65: Relating to mental health, so as 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; to require a licensed professional counselor to secure certification to perform certain acts from the Department of Behavioral Health and Developmental Disabilities. Sponsor: Unterman, 45. Status: Senate Hopper. SR 12: A resolution urging the Governor to expand Medicaid coverage under the Affordable Care Act. Sponsors: Henson, 41; Fort, 39; Tate, 38; Harbison, 15; Lucas, 26; James, 35. Status: H&HS; Senate Read and Referred. SR20: A resolution requesting that all physicians include autism spectrum disorders screening in all well-child visits no later than 18 months of age. Sponsors: Donzella, 35; Davenport, 44; Orrock, 36; Henson, 41. Status: H&HS; Senate Read and Referred. Calendar: Week of 1/22 - 1/24, Room 341 CAP- Wednesday, Jan. 30, 2-4 p.m.: House & Senate Appropria- tions Joint Subcommittee meeting; Subject: A look at Medicaid presented by the Department of Community Health. Dates to Remember: February is Self-Advocates Month at the Capitol Be There 4 Seniors Rally at the Capitol Feb 7th Mental Health Day at the Capitol: February 19th Disability Day at the Capitol: February 21st! - Register at GCDD.org or by calling 404-656-6593 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.