2012 MAD Winter Article: The 2012 Legislative Session Agenda - GCDD 5-Year Agenda

Written on 07 February 2012. Posted in GCDD Blog

by Pat Nobbie, PhD

By the time you receive this issue (Making a Difference Winter 2012), the 2012 legislative session will have been underway for nearly two weeks. We will have received the Governor’s budget and know what he intends on funding. However, all of us who work on budgets know that the release of the Governor’s plan is just the beginning of the process. In addition to the budget, the Georgia Council on Developmental Disabilities (GCDD) will be supporting other legislation. It is going to be a very busy session!

GCDD has changed the process for constructing its legislative agenda, and this year we aligned the legislative agenda-setting process with our new five-year plan for “The Administration on Developmental Disabilities.” Though some issues in our five-year plan will not be legislative activities this year, they may need to be on the agenda next year. Working within a five-year framework gives us the flexibility to take things up when it is time.

The strategic goal for public policy in GCDD’s five-year plan covering FY 2011 to FY 2016 is to:

Promote public policy that supports communities that welcome all people and better serves the interest of individuals with developmental disabilities and their families, as well as promote revisions in the systems that provide services and supports that result in authentic choice, opportunities for self-direction and enhanced capacity for the care-giving efforts of families.

The agenda items will continue to be assigned priority levels as follows:

•   Tier I: GCDD initiates, GCDD is the lead agency
•   Tier II: Another agency is the lead, but GCDD assists
•   Tier III: GCDD allows use of its name, but no action otherwise
•   Tier IV: GCDD has a neutral position, won’t fight or support
•   Tier V: GCDD opposes, fights against

Additionally, we will still organize the public policy activities in the REAL area that GCDD promotes for integrated life in the community. Below, we summarize the legislative, budget or policy issues that will engage us during the upcoming legislative session in each REAL area.

REAL Supports: Budget

TIER I: Request Appropriations to support people with disabilities to live in the community. Maybe we shouldn’t call it a “waiting list” because that implies that people can or will wait. The current number of Georgians with disabilities who have officially applied for support from the State hovers around 6,000. However, we know that due to the fact that Georgia’s population is now over 9,000,000 and we have over 80 counties considered in “persistent poverty,” the waiting list should be much higher. There are states smaller than Georgia that have thousands more people in services than us and our best estimates are that the waiting list should really be closer to 18,000 people. This figure is also supported by the fact that the Challenges in Developmental Disabilities: State of the States, State of the Nation, 2011, published by David Braddock, Ph.D., executive director at the Coleman Institute, University of Colorado, estimates there are over 17,000 older individuals with developmental disabilities living with caregivers over the age of 65. If something happens to one of these caregivers, these folks are extremely vulnerable.

Currently we are getting some lift from the Department of Justice Settlement agreement requirements, which set out conditions the State must satisfy. This results in 150 Comprehensive Waivers for individuals moving out of State hospitals, another 500 families receiving family support, additional funds to build out the crisis system and crisis respite and other benefits related to training and quality assurance. The agreement also supports 100 waivers for people living in the community who are at risk for institutionalization. Yet, this 100 is only a fraction of the emergency services that may be needed for the size of the population needing support.

100 NOW waivers annualized in the FY 2012 amended budget ...$5,944,066 and 150 COMP waivers annualized in the FY 2012 amended budget
100 NOW waivers in the FY 2013 budget (wait list)...$8,969,943 and 150 COMP waivers in the FY 2013 budget (hospital transition)
Services for 500 new families in State-funded family support ...$1,872,000
Mobile crisis, crisis respite and nursing services... $5,122,963

Waiver services are usually only funded for six months in each budget since individuals do not all go into services at the same time, but are staggered throughout the year. The second budget figure, 150 COMP and 100 NOW, are for the new waivers for 2013 fiscal year.

The following list is the package that the Unlock the Waiting Lists! campaign will be advocating for in addition to what the Department of Behavioral Health and Developmental Disabilities (DBHDD) has included in their budget. The list addresses the unmet needs of several populations.

The first item annualizes waivers for youth aging out of foster care, which is made possible by the legislative appropriations in the last budget, and the following item funds 40 more waivers for those youth. Thanks to good collaboration between the Division of Family and Children Services (DFCS) and the Division of Developmental Disabilities, children getting ready to age out of DFCS and into adult services receive planning, assessment and transition services well in advance of their 21st birthdays.

The next item specifically references a population we heard a great deal about while out in the communities this fall – youth leaving high school with no support services in place in the community. Without any support, parents’ ability to work is often compromised. The next item intends to provide resources for those “most in need” in the community, above and beyond the 100 waivers listed in the settlement agreement. For this item, we are planning for older adults with disabilities living with caregivers who are themselves elderly. Following that, the ICWP budget items request funds to annualize the 33 ICWP waivers funded last year and requests new funds to eliminate that waiting list.

To receive an IDA account, interested individuals need to apply for the program and be accepted, open a custodial account in a partner bank, create a financial plan for the amount they will deposit and what they want to spend it for and complete 12 hours of financial literacy education.

Annualize waivers for youth aging out of DFCS... $1,299,996
Fund 40 new waivers for youth aging out of DFCS... $590,410
Fund 750 NOW waivers for youth graduating from high school... $3,255,937
Fund 280 COMP waivers for “most in need” in the community... $4,132,870
Fund 70 NOW waivers for “most in need” in the community... $303,887
Annualize 33 ICWP waivers from 2012 budget... $545,543
Fund 130 ICWP waivers for people with physical disabilities in the community waiting for support... $2,149,109
Fund 10 housing monthly subsidies for individuals living in the community to make safe, affordable, integrated housing possible... $48,000

The last item referring to housing subsidies addresses the challenge that providers have making safe, integrated housing options affordable for individuals with developmental disabilities who only have their SSI payment for room and board. Ten years ago, the State supplemented housing supports, but has not since then. This is just a small amount. An extra $400 a month would make it possible for 10 people to afford a place in a typical neighborhood.

REAL Support: Legislation

TIER 1: Pass State Individual Development Account (IDA) Legislation that enables individuals with disabilities to save toward an accessible vehicle, assistive technology, communication devices or home modifications that ensure safety and access. This session, the Center for Financial Innovation and Independence is working with us on the IDA legislation. Last year, Governor Deal vetoed this legislation after expressing concern about a few items that we have since clarified.

Currently, IDA accounts enable low-income individuals (300% of poverty or less) to save toward the purchase of a first home, post secondary education or to finance a business. This State IDA legislation would expand the uses of those savings to pay for assistive technology devices that are expensive and often not covered completely or at all by Medicaid or Vocational Rehabilitation.

This addition will assist individuals with particular needs to stay in school, continue working or stay in their homes. To receive an IDA account, interested individuals need to apply for the program and be accepted, open a custodial account in a partner bank, create a financial plan for the amount they will deposit and what they want to spend it for and complete 12 hours of financial literacy education. When their plan is completed, they can withdraw money, which has been matched by a nonprofit or foundation funding partner, and make their purchase. The program aims to increase the capacity for people to become economically self-sufficient. People with disabilities participate in IDA programs at a much lower percentage than the total population, despite the fact that according to the US Census more than 25% of those individuals live in poverty. This legislation should encourage more participation in asset building.

TIER II: Support the passage of The Family Care Act enabling parents with paid sick leave to use it to care for sick children or aging parents (with Job Family Coalition, 9to5 Atlanta, Co-age and others).

Many large, successful businesses in the Atlanta area (Delta, Federal Home Loan Bank and Suntrust) have recognized that when workers can be flexible with their own sick leave, they can keep children with the flu at home, keep other workers from getting sick, reduce their worry level and actually perform better on the job when they know they have that flexibility. Most importantly, this does not increase benefits or costs to the business.

Sidebar: Other Items of Interest
The Transit Governance legislation is not formally on our agenda, but we have worked very hard to inform our community about the transportation referendum (T-SPLOST) and its potential to bring better transportation options to our population and everyone in general. The Transit Governance legislation is another piece of this, and this bill will establish how transit will be planned, governed and administrated in the metro area and potentially in the rest of the State. Stay tuned for information on this as the spring progresses.

REAL Homes: Legislation

TIER II: New home access legislation would increase accessibility in all new, single-family homes on slabs by requiring one zero-step entrance, 32” wide interior doorways and blocking to support grab bars in the bathroom. GCDD will assist Concrete Change and the SOPOS Housing Coalition in supporting this legislation. In addition, the Metro Fair Housing Coalition recently released a report, funded through a settlement from a lawsuit against A.G. Spanos Companies entitled, “Shut Out, Priced Out, and Segregated” that explores the barriers to community integration, accessibility and affordability. The Department of Justice Settlement agreement requires the State to make it a priority for individuals to have a choice to live in their “own home or family home,” before a provider-operated home or group home. However, there is a real scarcity of accessible homes in the community for individuals moving out of State hospitals under the settlement. Finally, Georgia has one of the top 10 fastest growing aging populations in the country. To meet this need and the preference for aging citizens to stay in their homes as long as possible, we must change the residential building policy.

Research indicates that AT LEAST 25% of all built homes will house someone with mobility impairments over the lifetime of the house.

REAL Influence: Legislation

TIER II: Continue to support legislation to streamline the Medicaid appeals process, so that appeals move from the Office of State Administrative Hearings directly to the Superior Court and work on legislation that requires implementation of the Early Periodic Screening, Diagnosis and Treatment (EPSDT) mandate of Medicaid for children. This legislation was developed by students in the Health Law program at Georgia State University, with assistance from the Georgia Advocacy Office, and makes the EPSDT mandate explicit in State law. Further, if an administrative law judge rules on a Medicaid appeal in favor of the family or child, the Department of Community Health cannot overturn that decision.

Watch List

There are always a few things we watch. The Olmstead Planning Committee will reconvene on January 5 under the auspices of the Governor’s Office of Disability Services and the Ombudsman, Corinna Magelund, so we are hopeful this is the first step toward implementation of the plan.

We will also watch for any legislation that would impact the implementation of the settlement agreement between the US Department of Justice and the State of Georgia.

The Special Council on Tax Reform and Fairness has convened again, and we expect there will be some form of Tax Reform legislation. We will be watching for this and assess its impact on middle and low-income Georgians. These proposals are also being closely watched by 2020 Georgia and the Georgia Budget and Policy Institute.

Although we do not expect any legislation or budget items related to Managed Care for Aged, Blind and Disabled and the Medicaid redesign to appear in this legislative session, we still plan to keep a close eye on this policy arena.

Speak Up, Stand Up, Show Up

At the Women for a Change Legislative and Policy Event held in November, Rep. Stacey Abrams (Dist. 84) exhorted attendees to speak up on issues, stand up for what they believe in despite the cross current and to show up and make their voices heard. Every person in the community who needs assistance whether it is home and community support, a visitable home, assistive technology to help them stay in a job, Medicaid access, transportation, etc., needs to call, write or visit their legislator. In order to stay up-to-date and involved, make sure you sign up for Moving Forward, the legislative newsletter or feel free to come down to the Capitol and we will assist you to meet with your legislator. Let us know how we can help!