LEGISLATIVE ADVOCACY: A Recap of the 2014 Legislative Session

By Dawn Alford, GCDD Planning & Policy Development Specialist

The Georgia General Assembly cried "Sine die!" ending the 2014 legislative session on March 20. The legislative session has been one of the quickest compared to previous years, ending almost two weeks before April Fool's Day. Both the Fiscal Year 2014 amended budget and the Fiscal Year 2015 budget passed, along with a relatively small number of bills. Read on for the disability advocates' highlights of what happened in 2014.

FY 2015 Budget

A brief overview: This is the first year since the recession hit that state agencies were not asked to reduce their budgets. Click to tweet this!

For the third year in a row, Georgia's economy has shown modest growth allowing for $900 million in state funds to be added into the budget for 2015, resulting in a total budget of $20.8 billion state dollars. Funding was used to support education, the Department of Justice settlement agreement, expense growth for Medicaid, PeachCare and the State Health Benefit Plan. The governor was able to keep Georgia's AAA Bond Rating, and add to the state's "Rainy Day" fund. Just as in recent years' budgets, the 2015 budget is essentially one of modest relief.


This year's Unlock the Waiting Lists! Campaign focused on advocating for some key community supports to enable Georgians with disabilities to fully participate in their community. Unlock coordinators D'Arcy Robb, who was on maternity leave, Dawn Alford and Dave Zilles want to give our sincerest thanks to the many advocates and legislators who gave us their partnership and support this year.

Unlock was successful at getting 25 slots in the Independent Care Waiver Program (ICWP) for adults with physical disabilities, which means an additional 25 people can come off the waiting list and receive services. Click to tweet this!

Furthermore, the Community Care Services Program (CCSP) received an additional 100 slots, and the NOW/COMP waiver received 250 additional slots (100 community + 150 institutional). Furthermore, Unlock joined with other advocates and provider groups to advocate for rate increases for home and community-based services. Developmental disability providers received a 1.5% increase. CCSP and SOURCE (Source Options Using Resources in a Community Environment) received a 5% Medicaid reimbursement rate increase for Alternative Living Services, Personal Support Services and Case Managers. Unfortunately, ICWP is the only Medicaid waiver that did not receive a rate increase and no housing vouchers were added to the budget to support people with developmental disabilities to live in the community.

Unlock also joined with the Georgia Vocational Rehabilitation Agency (GVRA) to advocate for more funding as GVRA has been underfunded for many years. There is language in the budget to create a Memorandum of Understanding Agreement between GVRA and the Department of Behavioral Health and Developmental Disabilities (DBHDD) to draw down additional federal funds to be used for Vocational Rehabilitation services.

The Department of Justice settlement-related funding for developmental disabilities is supported in full in the 2015 budget. That funding for 2015 is as follows:

FY 2015:

Family Supports: $8,392,400 (includes $1,872,000 increase to serve 500 new families)
NOW/COMP Waivers: $40,339,177 (includes $8,526,665 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: $61,099,258 (includes $10,398,665 total increase)

In another piece of exciting news, $100,000 of new funding was added to the budget for inclusive post-secondary education programs. Inclusive post-secondary education is an opportunity for young people with intellectual and developmental disabilities to experience the world of higher education alongside their peers, with the goal of preparing students for employment. Currently, the Academy for Inclusive Learning and Social Growth (AILSG) at Kennesaw State University (KSU) is the only such program in Georgia. The additional $100,000 will be used to provide scholarships for qualified students in need and to lay the groundwork for a far more comprehensive system of inclusive post-secondary programs in Georgia. Many organizations and individuals, including Sen. Butch Miller (R-Dist 49), worked hard to advocate for this funding.

Also exciting to report: $390,625 in funds for 50 supported employment slots for people with developmental disabilities were added to the DBHDD budget, which is intended be used for youth graduating from high school. In short, supported employment assists Georgians with developmental disabilities to find and keep jobs in their communities. Some key values of supported employment include:

• Focuses on an individual's strengths, abilities and interests rather than on their disability
• Occurs in an integrated setting within the community
• Allows individuals to earn competitive wages equal to that of coworkers performing the same or similar jobs
• Provides individuals with the support they need to reach their career goals

For further details on the 2015 and 2014A budgets, please see Moving Forward (especially our 2014 legislative wrap-up edition dated March 28, 2014), our newsletter published weekly during the legislative session.
Moving Forward is available at www.gcdd.org/public-policy/moving-forward.html

Legislation

In order to pass, a piece of legislation must have passed both chambers in identical form by midnight on Sine Die. Governor Nathan Deal has 40 days, until midnight on April 29, to sign or veto bills that were passed and if he does not act on a bill within this time period, the bill becomes law. Bills that did not pass this year are dead because the 2015 legislative session will begin a new two-year-cycle for the Georgia General Assembly. Therefore, a bill that did not pass would have to be reintroduced in the 2015 legislative session.
To see a list of bills that have been signed by the governor, you can visit http://gov.georgia.gov/bills-signed/2014.

The Family Care Act -
House Bill 290 – DID NOT PASS
This legislation, sponsored by Rep. Katie Dempsey (R-Dist 13), would have allowed individuals whose employers provide sick days the option of using up to five days of earned sick leave to care for sick children, aging parents or a spouse 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 the House Rules committee.

As this edition of Making a Difference goes to print, the Georgia Job Family Collaborative, the organization leading the legislative efforts on the Family Care Act, has decided to re-introduce the Family Care Act in 2015 and will begin strategizing soon for work that will need to be done prior to the 2015 session.

Autism Insurance Bill (Ava's Law) - Senate Bill 397 – DID NOT PASS

There were three autism insurance bills (Ava's Law) that were introduced during the 2013 legislative session that remained alive during the 2014 session: the original House bill HB 309 sponsored by Rep. Ben Harbin (R-Dist 122); Senate bill SB 191 sponsored by Senator John Albers (R-Dist 56); and, additional House bill HB 559 which was sponsored by Rep. Chuck Sims (R-Dist 169). None of these bills moved during the 2014 session. However, a new bill, SB 397, was introduced by Sen. Tim Golden (R-Dist 8), which would have mandated that insurance plans cover certain therapies for individuals on the autism spectrum but limited its coverage to children age six and under with a cap of $35,000 per year. The language of this bill was amended to HB 885 and while its final form passed the Senate, it did not make it through the House to get final approval before Sine Die. 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 ABA therapy.

Haleigh's Hope Act –
House Bill 885 – DID NOT PASS
This legislation, sponsored by Rep. Allen Peake (R-Dist 141), would have legalized the use of medical cannabis to treat certain seizure disorders in both children and adults. After the Senate added language from SB 397 requiring insurance companies to cover treatment of certain autism therapies, the bill never received a final vote in the House.

Medicaid Expansion –House Bill 990 - PASSED
This legislation, sponsored by Speaker Pro-Tempore Jan Jones (R-Dist 47), prohibits the expansion of Georgia Medicaid eligibility through an increase in the income threshold without prior legislative approval. Previously, the governor could decide to expand eligibility without approval from the General Assembly except as it related to increases in the budget.

Additional Fine for Reckless Driving - HB 870 and HR 1183 – BOTH PASSED
HB 870 is partnered with HR 1183. HB 870 provides that in all cases involving a conviction for reckless driving, the court is to assess an additional penalty equal to 10 percent of the fine imposed by the court under the reckless driving statute to be directed to the Brain and Spinal Injury Trust Fund Commission (BSITFC). HR 1183 proposes an amendment to the Georgia Constitution to add reckless driving to the list of offenses for which additional fees and penalties can be assessed. If the Governor signs both pieces of legislation, then the ballot in November's general election will ask voters if they support a 10% surcharge on reckless driving to be designated for the use of the BSITFC. As a referendum and Constitutional amendment, the funds could not be diverted to the General Fund for any other purpose except for the BSITFC. If Georgia voters approve the constitutional amendment, the bill will become effective on January 1, 2015.

Criminal Penalties for Operating Unlicensed Personal Care Home – House Bill 889 - PASSED
Sponsored by Rep. Sharon Cooper (R-Dist 43), this legislation stiffens the penalty for operation of an unlicensed personal care home. With this bill, a first violation changes from a misdemeanor to a felony when it is in conjunction with abuse, neglect or exploitation and is punishable by imprisonment for one to five years.

Be an Advocate

While many issues moved along or gained momentum this session, there is much work 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 - look for your state representative and your state senator. Make an appointment with them in their home district and let them know about the issues that are important to individuals with disabilities and those who care about them. You might consider developing a one-page summary that shares your story with your photo to take with you on the visit. For more tips on how to write your story, go to www.unlockthewaitinglists.com and click on "Advocating/Stories."
One major ongoing issue is the need for more community-based services for individuals with disabilities. As advocates are well aware, virtually all Georgians with disabilities or those who are aging would much rather live in their own homes and communities than go to a nursing facility. However, waiting lists are long for home and community-based services and we have not yet begun to scratch the surface to address the long waiting lists. We also need increased opportunities and resources to support employment of people with disabilities 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 get involved, be part of the conversation, and stand up to advocate for yourself and your community! Let your voice be heard so that together we can make Georgia a better place for everyone, including those with disabilities.

Stay Connected:
GCDD Advocacy Resources GCDD mailing and email lists: www.gcdd.org - scroll down to the bottom and click "Join our Advocacy Network" and follow the instructions.
Unlock the Waiting Lists! advocacy website: www.unlockthewaitinglists.com

Tags: GCDD, Advocacy, Making a Difference