Moving Forward Volume 8, Issue 1 December 13, 2002 Governor's Council on Developmental Disabilities ~ The Georgia ARC Network ~ Statewide Independent Living Council ~ Unlock the Waiting Lists! Campaign This pre-legislative edition of Moving Forward comes to you amidst numerous changes at the gold dome following November's election. Because the close of last spring's legislative session ended a two-year cycle, bills that were not passed will have to be reintroduced in the 2003 session. The first day of the 2003 session is Monday, January 13. Stay on top of the latest action at the Georgia state Capitol with Moving Forward. New Publication Schedule: Moving Forward will be mailed on paper every other week instead of weekly. However, we are happy to announce that weekly updates of Moving Forward will be available on the Governor's Council on Developmental Disabilities website at http://www.gcdd.org/publicpolicy/index.htm If you would like to receive Moving Forward by EMAIL ONLY, please send an email from the account you wish to subscribe with "Moving Forward email only" in the subject line and your first and last name and mailing address in the body of the message so that we can make sure you do not continue to receive paper copies. Help us save paper, postage, and get you up-to-the-minute information each week by subscribing to our new email only list today. Governor's Council on Developmental Disabilities Legislative Agenda The Governor's Council on Developmental Disabilities ranked their legislative priorities for the 2003 legislative session. These issues, in order of highest priority, are where members felt the time and attention of the Council should be focused during the legislative session beginning January 2003. Support the Unlock the Waiting Lists and Olmstead budget allocation so that citizens with disabilities may leave institutions and service waiting lists to live in the "least restrictive setting," in accordance with the 1998 court ruling. Continue direct care professional workforce development efforts. Current initiatives include an annual cost of living increase for direct support professionals. Propose amendments to House Bill 500 and/or other related legislation to ensure that special education funds follow the student into regular education classrooms. Propose and pursue budget line items for Project WINS and WINNING Teams, and seek dissemination and sustainability through the RESA network. Support the Department of Community Health request for $750,000 for a Medicaid Buy-in pilot for workers with disabilities to enable them to maintain their Medicaid coverage. Support House Bill 1412, or "Sammy's Law," which would require the non-custodial parent to provide child support to the custodial parent for their child with a disability who is unable to support his/herself independently, past the age of majority (18 years). Monitor any amendments that may be offered for House Bill 498. Do you know who your legislators are? Find out now so that you can be in regular contact with the people who represent you on issues that matter to you. Look up your legislators at http://www.vote-smart.org and type in your zip code in the left column. You can also call and ask at the Secretary of State's office at (404) 656-2971. Upcoming Issues for the 2003 Legislative Session According to the Senate Research Office, these issues, among others, are likely to be addressed during the 2003 Session of the Georgia General Assembly. The information is provided as a general overview only. The complete document including issues not covered here is available at http://www.state.ga.us/senate/senresearch.html Education Changes to "A+ Education Reform Act" Education Reform, which passed the legislature in the 2000 Session in the form of House Bill 1187, will most likely see several amendments this session. Those aspects that probably will remain unchanged are school report chards, annual testing, teacher accountability and improving the student-to-teacher ratio in classrooms, many of which are part of President Bush's "No Child Left Behind Act." Those areas that could be changed this session are directed toward giving more control to local educators. Specifically, teacher may be allowed to have more input on issues that directly affects them, such as the development of Criterion Referenced Competency Tests. Another change may include the consolidation of education agencies and their responsibilities under the State Department of Education. Reinstatement of funding for paraprofessionals to improve student-to-teacher ratios will be on the table, as well as a reexamination of the stands used to determine which schools are low-performing schools. Health and Human Services Licensure of Adult Day Services Georgia Law does not currently require any licensing or oversight of adult day services providers, although some standards exist for those providers whose program participants pay for the services through government funding; however, a majority of the providers do not receive public funds and have no government oversight. As a result, Georgians who receive adult day services are not guaranteed quality care or competent providers. Advocates for people who have disabilities or who are elderly support legislation to require providers of adult day services to be licensed and comply with minimum standards to protect the health, safety, and welfare of their consumers. In addition, as funding permits, legislation will authorize the regulatory office of the Department of Human Resources to create and enforce these standards. Currently, Arkansas, Florida, North Carolina, South Carolina, and Tennessee have licensing requirements. Alabama grants approvals, and Mississippi has quality assurance standards. Home and Community Based Services and Long-Term Care An historic Supreme Court decision, Olmstead v. LC (1999), encourages states to reevaluate how they deliver publicly-funded, longterm care services to people with disabilities. The court ruled that it is a violation of the Americans with Disabilities Act (ADA) to discriminate against people with disabilities by providing services only in institutions when they could be served in a communitybased setting. Each of the following apply: the individuals have the treating professionals' recommendation for less restrictive placement; the individuals do not oppose the recommended placement; and the state does not have to make fundamental alteration to its services and programs that impact other persons in need of service. In Georgia, legislators, executive branch officials, consumer advocacy groups, and individual citizens are currently working together to implement the Olmstead decision, although no official plan of action has been adopted. The Governor's Office of Planning and Budget is responsible for coordinating state agencies. In light of the Olmstead decision, and in a desire to better serve people with disabilities in Georgia, members of the General Assembly can expect legislation that will provide more alternatives to nursing homes by expanding options for long-term care in Georgia, thus allowing senior citizens and people with disabilities to maximize their independence. An increase in funding of home and community-based services and tax credits may be proposed to help cover the costs of private long-term care insurance. Another facet to enrich quality of life would close the loophole that exempts nursing homes from accountability and sanctions requiring greater protection for residents. A Quick Review of the Fiscal Year 2003 Budget FY03 Budget Cuts Department of Community Health Medicaid buy-in for the working disabled (State cut $500,00) Department of Labor US Disabled Athletes Fund (State cut $60,000) American Association of Adapted Sports Program (State cut $17,172) Department of Human Resources Phase in 822 new slots for CCSP waiver (State cut $1,028,848) One-quarter funding for HCBS waiver (State cut $1,000,000) Elaine Clark Center (State cut $100,00) DHR operating expenses (State cut $500,00) Family Connection Grants (State cut $500,000) PERMES survey (State cut $75,000) Community Services provided through regions (State cut $2,456,973) Community-based funding MHMRSA (State cut $610,858) Hospital-based personal services MHMRSA (State cut $695,296) Miscellaneous contract funding (State cut $41,875) Emory Autism Resource Center (State cut $150,000) FY03 Enhancements Department of Community Health Increase Independent Care Waiver Program reimbursement rates for personal support services by 10% (Total $3.3M, State $1.3M) Department of Human Resources Annualize 725 community based MRWP slots from FY2002, phase in 507 previously frozen slots beginning July 1, 2002 (State $1.8M) 48 Family Support slots for FY03 slots still frozen Transition 65 children with mental retardation from state hospitals to community placements (Total $3.5M, State $1.6M) Provide Intensive Family Intervention Services in homes, schools and other community locations for families with children who are seriously emotionally disturbed (Total $2.9M, State $2.4M) Appropriate Brain and Spinal Injury Trust Fund Benefits (State $500,000) Restore state funds reduced for mental health services for children in state custody (State $1M) Children with developmental disabilities, schizophrenia, and severe substance abuse statewide (State $150,000) Northeast Georgia Center for Independent Living (State $107,540 DCA) 3 respite beds at Gracewood Hospital, conference committee restored funding (State $154,845) Department of Labor Provide state funds to match a 3 year federal grant to the Association of Georgians with Disabilities (AGD) that will provide loans to allow people with disabilities to purchase assistive technology (State $50,000) Georgia Council for the Hearing Impaired (State $71,978) Technology Resource Centers (State $24,490) Sheltered employment contracts (State $145,217) Nearly 12,000 people are waiting for help, including: 2,890 Georgians with Mental Retardation or Developmental Disabilities 199 people with severe physical disabilities 8838* frail elderly people *(five year average) Moving Forward is published by the Governor's Council on Developmental Disabilities Phone: 404-657-2126 Toll Free:1-888-ASK-GCDD E-mail: ddoughman@dhr.state.ga.us TDD 404-657-2133 ~ FAX 404-657-2132 You may view Moving Forward each week at our Web Page http://www.gcdd.org To receive Moving Forward via email, send a blank email to ga-advalert-subscribe@egroups.com