Moving forward, vol. 8, no. 5 (2003 February 7)

Volume 8, Issue 5

Moving Forward

February 7, 2003

Governor's Council on Developmental Disabilities ~ The Georgia ARC Network ~ Statewide Independent Living Council ~ Unlock the Waiting Lists! Campaign
The House of Representatives reconvened February 3 at 10:00 am and met for two days. Representatives were in recess February 5 - 7 so Budget Sub-Committee members could work on the 2003 supplemental spending plan. There are 28 days remaining in the session. The House will reconvene Monday, February 10 at 10:00 am.
On Tuesday, the House passed HB 142 by a vote of 175 - 0. The measure amends the Georgia Fair Lending Act which was adopted last year and intended to stop unscrupulous lenders from extracting huge fees from unsuspecting borrowers. In the original legislation, punitive damages could be sought against the lender where the loan originated and anyone who later purchases the loan. The unintended result was that a substantial number of Georgians have become unable to receive loans for home purchases because of poor or no credit histories. HB 142 disallows punitive damages against the predatory lender. The measure also tightens up the definition of a creditor. The Georgia Fair Lending Act only applies to loans of less than $322,700. The U.S. Department of Housing and Urban Development has reported a 900% increase nationally in high-fee, high-interest loans during the mid-1990s. In 2001, Georgians lost about $151 million in home equity because of predatory lending practices.
One of the items working its way through the committee process is HB 81, which seeks to restore fair dismissal standards for Georgia's teachers. One of the most widely publicized aspects of the 'A' plus Education Reform Act was its removal of tenure protections from teachers hired after 2001. HB 81 would re-enact fair notice, and hearing practices before dismissing any teacher who has three or more years within the same school system. Once a teacher has gained initial protection within a school system, HB 81 would allow that person to receive those protections at another Georgia school after only one year.
A new school Board Chair nominee was announced by Governor Perdue this week and must be approved by the Board. Wanda Barrs of Bleckley County is a former teacher and local school board member. The school board sets policy for Georgia's public schools.
Legislation Tracker
HB 34: Education; students committing certain acts of physical violence; disciplinary tribunal Sponsor: Greene-Johnson, 60th Status: Filed
HB 81: Teachers; rights for continued employment; restore Sponsors: Lucas 105th, Cummings 19th, Hugley 113th, Greene 134th, Reece 11th, Jordan 83rd. Status: Read and referred to Education Committee
HB 82: Fair Lending; redefine points and fees; exclude certain fees Sponsors: O'Neal 117th, Richardson 26th, Massey 24th. Status: Read and referred to House Banks and Banking Committee
HB 106: Cigar and cigarette taxes; certain local excise

taxes; authorize Sponsor: Dean 49th Status: Referred to House Ways and Means Committee
HB 107: Cigar and cigarette taxes; certain local excise taxes; aurthorize Sponsor: Dean 49th Status: Referred to House Ways and Means Committee
HB 130: Georgia Health Care Act; act Sponsors: Holmes 48th, Orrock 51st Status: Referred to Appropriations Committee
HB 142: Fair Lending Act; amend provisions Sponsors: Floyd 132nd, Shaw 143rd, Parrish 102nd, Royal 140th, Channell 77th, Skipper 116th Status: Passed the House; now moves to the Senate
HB 145: Health Maintenance Organizations; mental disorders; point-of-service options Sponsors: Gardner 42nd, Harbin 80th, Moraitakis 42nd, Henson 55th, Maddox 59th Status: Referred to Insurance Committee
HB 170: Fair Lending Act; repeal Sponsors: Franklin 17th, Joyce 2nd, Coan 67th, Burmeister 96th, Yates 85th, Amerson 9th Status: Referred to Banks and Banking Committee
HB 211: Assistance dogs; interfering with, assaulting, killing; penalties Sponsors: Rice 64th, Millar 52nd, Dix 70th, Sholar 141st, Jenkins 93rd Status: Referred to Judiciary Committee
HB 256: Industries for the Blind; manufactured products; purchase by state employees; exception Sponsors: Broome 141st, Sholar 141st, Skipper 116th, Westmoreland 86th, Drenner 57th, Lunsford 85th Status: Referred to House State Institutions and Property Committee
SB 12: Criminal Offenses and Penalties for Abuse, Neglect, and Exploitation of Disabled Adults and Elder Persons Sponsor: Unterman 45th, Balfour 9th, Squires 5th Status: Referred to Senate Judiciary Committee
SB 50: Health Insurers; Consumer Choice of Benefits Health Plan Act Sponsors: Seabaugh 28th, Golden 8th, Price 56th, Moody 27th, Mullis 53rd, Williams 19th Status: Senate Committee favorably reported
SB 53: GA Fair Lending Act; amend provisions Sponsors: Cheeks 23rd, Starr 44th, Crotts 17th Status: Referred to B&FI Committee
View the entire bill at http://www.legis.state.ga.us/legis/2003_04/leg/legislation.htm
Budget Overview
Every State Department submitted their austerity cuts to the Governor's Office of Planning and Budget, and the cut for the Department of Human Resources are:
Austerity Cuts for FY04
Division of Mental Health/Developmental Disabilities/Addictive Disease

Convert 75% of state-funded DD family support slots to Medicaid waiver slots Reduce Emory contract for Autism Resource Center Reduce state-level reserve for autism support Reduce room and board supplement for 1,362 consumers with
Developmental disabilities by 30%
FY 2003 Supplemental BudgetThis is a mid-year adjustment to the year we are in right now. Georgia's budget shortfall is over $600 million of which $450 million is Medicaid.
The proposed cuts in MHDDAD totals $8 million or 1.3% of their state budget. These include:
Consolidation of Augusta Regional Hospital and Gracewood administration Cut state MR service dollars and refinance with Social Service Block grant One-time hiring freeze of state office and state hospital staff Austerity Adjustments (new term for budget cuts)

State Dollars $586,767
$100,00 $35,924 $2,039,731
state dollars (259,000)
(462,500) (1.5 million) ($3.1 million)

Enhancements include:

Transfer 11 children from nursing homes to community

$222, 692

Transition planning for people with DD or mental illness who want to move to community from institutions

$170,000

Start-up costs for 65 children moving from institutions to community

$585,000

FY 2004 Budget Revenues- The big budget contains temporary tax increases for tobacco and alcohol totaling some $400 Million. It also calls for using the Rainy Day funds. There are large budget cuts and provider rate increases.

Enhancements

Department of Community Health

state dollars

145 people to move from nursing home to community

$3.2 million

Assessment of people to move from nursing home to community

$75,000

15 people with serious mental illness will move from institutions to community and this reflects their primary care health

costs

$36,045

10 people off ICWP waiting list

$220,369

Department of Human Resources The only enhancements to DHR are for child welfare and Olmstead/Waiting Lists items. The overall Division of Mental Health, Developmental Disability, and Addictive Disease FY 04 budget has been cut by $11 million state dollars. All cuts described below are from existing state dollars.

These are not all the cuts to MHDDAD. These are only the ones which appear to directly impact DD

Consolidate administration at Augusta Regional and Gracewood

($813,417)

Reduce administration costs at CSBs

($2.6 million)

Cut MR state funds and replace with SSBG federal funds

($761,108)

Eliminate contract with Georgia Hearing Impaired

($50,000)

Austerity adjustments (budget cuts)

($5.46 million)

Pay raise from last year not annualized for 2004

($3.61 million)

Because so many people with DD are served in the Community Mental Health Centers, which include all the CSB's, the additional cut of another $4.2 million will affect people with DD.

All enhancements are from projections for maximizing federal revenue through the ICF/MRs, ICFs and Skilled nursing facilities. The term used for this maximization process is upper payment limit (UPL). It is based on changing the federal reimbursement

rates at the institutions so they can capture 100% of their costs in the future. This is a short-term fix during a fiscal crisis, not a long term solution.

Enhancements

state dollars

Move 50 people from state hospitals to community Move 15 people with serious mental illness from institutions to Community Transition planning for moving the above 65 people 2 state office positions to certify and monitor services Serve 50 people with DD from the short term
waiting list who need services in addition to what they are already receiving

$2.6 million $432,898
$170,000 $148,644
$949,031

Aging There are also 84 people from nursing homes, who are being moved using the CCSP program at a projected cost of $421,523.

Current Waiting Lists For Services

Over 3,300 people are waiting for help, including: 3,142 Georgians with Mental Retardation or Developmental Disabilities 249 people with severe physical disabilities

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