A Recap on the 2013 Legislative Session
The following is a feature article from the Spring 2013 Making a Difference.
A Recap on the 2013 Legislative Session
By D'Arcy Robb
This edition of Making a Difference goes to print as the cries of "Sine die!" are still echoing under the Gold Dome. The 2013 legislative session has been a quick one compared to previous years, ending before April Fool's Day. Both the Fiscal Year 2013 amended budget and the Fiscal Year 2014 budget passed, along with a relatively small number of bills. However, since this was the first of a two-year session, bills that did not make it this year will still be alive for consideration in 2014. Below are highlights on what happened in the 2013 General Assembly and what Georgia's disability advocates were working toward.
FY 2014 Budget
A quick overview – for the second year in a row, Georgia's economy has shown modest growth. This allowed for $578 million in state funds to be added into the budget for 2014, resulting in a total budget of $19.9 billion. Dollars went into areas including education, public safety, juvenile justice, funding the employee retirement system, water supply projects and transportation. Funds also went into supporting the Department of Justice settlement agreement and into expense growth for Medicaid and PeachCare. The Governor was able to keep Georgia's AAA Bond Rating and add to the State's "Rainy Day" fund. Much like the 2013 budget, the 2014 budget is essentially one of modest relief.
This year's Unlock the Waiting Lists! campaign focused on advocating for small but key additions to the budget, restoring crucial cuts and supporting the Department of Justice settlement dollars. Unlock coordinators D'Arcy Robb and Dave Zilles want to give our sincerest thanks to the many advocates and legislators who gave us their partnership and support this year. We were successful at getting an additional 20 slots in the Independent Care Waiver Program for adults with physical disabilities, which means an additional 20 people can come off the waiting list and receive services. It was by all accounts a challenging budget year, and unfortunately, the other Unlock requests for additional funding did not make it into the final 2014 budget.
Unlock joined with many other advocates and provider groups advocating for the removal of the 0.74% rate cut proposed for home and community-based service providers, and our collective voices were heard and this proposed cut was removed. Additionally, Unlock worked with advocates for seniors in requesting the removal of two key cuts to aging services – the proposed elimination of 17 elder abuse investigator positions and funding for respite care. All of the funding for respite care was restored, along with half of the funding for the elder abuse investigator positions.
The Department of Justice settlement funding relating to developmental disabilities is supported in full in the 2014 budget. The funding for 2014 is as follows:
FY 2014
- Family Supports: $6,520,400
- Includes $1,872,000 increase to serve 500 new families
- NOW/COMP Waivers: $31,812,512
- Includes $11,966,160 increase for 250 new waivers
- Crisis Respite Homes (12) & Mobile Crisis Teams (6): $11,917,681
- Education of Judges and Law Enforcement: $250,000
- DD Total spending: $50,700,593
- Includes $13,838,160 total increase
In another piece of exciting news, $100,000 was added to the budget to expand inclusive post-secondary education programs, which provide a college experience for students with intellectual disabilities with the goal of preparing them for employment. Many organizations and individuals, including Senator Butch Miller, worked hard to advocate for this funding. Currently, the Academy for Inclusive Learning and Social Growth (AILSG) at Kennesaw State University, which is supported by the Georgia Council on Developmental Disabilities (GCDD), is the only post-secondary program in Georgia. The additional funds will support expansion of the AILSG program and support the creation of a new program in south Georgia. Also of note in the 2014 budget, funds were increased by $500,000 for the Marcus Autism Center, with state funds accounting for half the increase.
Regarding Medicaid, the 2014 budget includes $7.2 million worth of state savings to be achieved by better enforcing the level of care that is required to qualify for long-term care and home and community-based services. There is language in the budget regarding consumer choice in the elderly and disabled waiver, which says that eligible beneficiaries can choose from the SOURCE Care Management companies and the Community Care Services Program that are available in each county.
The budget also includes $300,000 to create a SOURCE Quality Incentive Program based on client satisfaction measures. The budget also includes language authorizing the Department of Community Health (DCH) to apply for an 1115 federal waiver. This is an important piece of the ongoing conversation about Medicaid redesign happening in Georgia. The 1115 waiver is a particular kind of Medicaid waiver that the DCH staff plans to use to create the new managed care system for children in foster care. Discussions are ongoing regarding a separate 1115 waiver for the Aged, Blind and Disabled Medicaid program. GCDD and several other advocacy groups are working together as the CARE-M coalition and continue to be very involved in discussions with DCH. The 1115 waiver approval process requires opportunity for public input and public comment, so stay tuned for more information to come.
For further details on the 2014 and 2013 amended budgets, please see Moving Forward, GCDD's newsletter that comes out weekly during the legislative session at http://www.gcdd.org/public-policy/moving-forward.html.
Legislation
The Family Care Act - House Bill 290
This legislation, sponsored by Representative Katie Dempsey, would allow individuals whose jobs provide sick days the option of using that time to care for sick children or aging parents without penalty from their employers. The Family Care Act was reported favorably out of the House Human Relations and Aging committee, but did not make it out of House Rules committee. The bill will still be alive during next year's legislative session and advocates plan to continue working on this issue over the summer.
Ava's Law - House Bill 309/ Senate Bill 191/House Bill 559
This bill would require insurance plans to cover a range of therapies for individuals on the autism spectrum. The original House bill is sponsored by Representative Ben Harbin, the Senate bill is sponsored by Senator John Albers and an additional House bill is sponsored by Representative Chuck Sims. Ava's Law did not pass out of either chamber, but there was an informational hearing held in the Senate Insurance committee. The bill is currently under consideration by the non-legislative Health Insurance Mandates committee. Before the 2014 legislative session convenes, the Mandates committee will make a recommendation on Ava's Law. Over the next several months, the Mandates committee will study the potential cost, social ramifications and medical efficacy of Ava's Law. Many disability advocates are passionate supporters of Ava's Law and the therapies it would cover, but there are some advocates who object to the bill, particularly its inclusion of Applied Behavior Analysis (ABA) therapy.
Protection of Vulnerable Adults - House Bill 78
This bill, sponsored by Representative Wendell Willard, expands the definition of what is considered exploitation, abuse or neglect of adults with disabilities or elderly persons, and moves these offenses to the criminal section of the State code. It also expands the lists of people who are required to report suspected abuse, as well as provides for information sharing among agencies that receive reports. House Bill 78 passed both chambers and awaits the Governor's signature.
Medicaid Reform and Oversight - Various Bills
House Resolution 107: Sponsored by Representative Donna Sheldon, this bill creates a time-limited committee of legislators and other stakeholders who will study options for Medicaid reform. The resolution passed both chambers and awaits the Governor's signature.
Senate Bill 62: Sponsored by Senator Judson Hill, this bill creates a standing legislative committee to oversee state and federally funded healthcare programs, including
Medicaid. The bill passed both chambers and awaits the Governor's signature.
Senate Bill 163: Sponsored by Senator William Ligon, this bill requires the Department of Community Health to study and identify options for Medicaid reform. The bill passed the Senate but not the House.
Hospital funding for Medicaid - Senate Bill 24/House Bill 51
This bill, with versions sponsored by Senator Charlie Bethel in the Senate and Representative Matt Hatchett in the House, was a big piece of the Governor's legislative agenda. It allows the Department of Community Health to collect a fee from hospitals that helps to fund Medicaid, which is needed as the hospital bed tax is expiring. The Senate bill passed both chambers early in the legislative session and has been signed by the Governor.
Navigators for Health Benefits Exchanges - HB 198
This bill, sponsored by Representative Richard Smith, provides for the licensing of health insurance navigators who can help people understand their options under the health insurance exchange. Under the federal Affordable Care Act, a health insurance exchange is set to operate in every state by January 2014. This bill allows the Georgia Commissioner of Insurance to license and regulate those who wish to be navigators – in other words, to guide and advise individuals and companies about health insurance policies. The bill passed both chambers and awaits the Governor's signature.
Nursing Facility Arbitration - SB 202
This bill, sponsored by Senator Renee Unterman, would formalize the process for signing arbitration agreements when a person enters a skilled nursing facility. Under the arbitration process, a person or family would go before third-party decision makers, known as arbitrators, instead of going to court if they wished to bring charges of wrongdoing against the facility. Advocates in the disability and aging communities have concerns that this process would put consumers and families at a disadvantage. The bill did not make it out of committee this year.
Juvenile Justice Reform - HB 242
This bill, sponsored by Representative Wendell Willard, reforms the juvenile code. This substantial bill has been several years in the making and is supported by the Governor. It emphasizes keeping youth who are charged with less serious offenses in community-based programs and out of detention facilities. The bill passed both chambers and awaits the Governor's signature.
Ethics Reform - HB 142
This is the high profile ethics and lobbying reform bill sponsored by House Speaker David Ralston. The final bill ultimately passed both chambers on Sine Die and contains various restrictions on lobbyist spending. Under the bill, persons who are volunteer advocates do not have to register as lobbyists unless they receive more than $250 in reimbursement for lobbying expenses. The bill awaits the Governor's signature.
While many issues moved along or gained momentum this session, there is much left to do. You are an advocate, or can be one! Get to know your legislators in the off-season and offer yourself as a resource of information. If you aren't sure who your legislators are, you can check by going to votesmart.org and entering your zip code and looking for your State representative and State senator. Let them know about the issues that are important to individuals with disabilities and those who care about them. One major and ongoing issue is the need for more community-based services for individuals with disabilities. Under the Department of Justice settlement, we are getting 100 new waivers per year for people in the community. But with 6,683 people on the waiting list, this only begins to scratch the surface of need. We also need increased opportunities and resources to support employment in the community. These are just a few of the issues that GCDD plans to work on with various partners in the months ahead.
We urge you to stay connected, be a part of the conversation and stand up to advocate for yourself and your community!
Stay Connected with GCDD's Advocacy Resources GCDD Mailing & Email Lists: Go to www.gcdd.org – scroll down and click "Stay Connected" on the right-hand side'; Unlock the Waiting Lists!: Go to www.unlockthewaitinglists.com
