A Look Back at the 2016 Legislative Session
A major milestone of the legislative session, Day 30, or Crossover Day, occurred on February 29. Crossover Day is the deadline by which a bill must cross from its originating chamber to the other in order to have enough time to complete the entire bill process before the end of session. On that day, the House and Senate worked tirelessly into the evening passing approximately 70 bills in total. Since then, four additional legislative days have passed. This update is current as of legislative day 34, and the session is scheduled to adjourn on Thursday, March 24. Therefore, please be sure to go to www.gcdd.org and click on “Public Policy” to read the final legislative wrap up edition of GCDD’s legislative newsletter Public Policy for the People to see the final outcome of the budget and other highlights.
Now let’s take a moment to see what has been accomplished for Georgians with disabilities so far during this session with a particular focus on GCDD’s legislative priorities using the format of the GCDD legislative agenda.
Employment First
GCDD has been leading Georgia’s Employment First coalition advocacy efforts to make Employment First policy and culture a reality in Georgia. In essence, this would mean that employment in the general workforce at or above minimum wage is the first and preferred option for all working age citizens with disabilities. Currently, the Georgia system creates many barriers for individuals with disabilities to work and way too many individuals end up wasting away in institutions, day centers, sheltered workshops, jails or on their parents’ couch without a way to contribute their gifts and talents to the broader world.
Last fall, Rep. Katie Dempsey (R – District 13) chaired a House study committee called the Post-Secondary Education & Employment Options for Individuals with Intellectual and Developmental Disabilities. One of the primary recommendations of this committee was to “encourage the Governor’s office to enact an executive order to create an Employment First Georgia Council under the authority of the Georgia Vocational Rehabilitation Agency (GVRA).” Further, the recommendations stated that this body “should be tasked with creating a comprehensive strategic plan” on how to transition Georgia to an Employment First state.
On Thursday, February 11, over 50 people attended the Employment First Advocacy Day at the Capitol and told their stories about why having a job is important to them. At GCDD’s 18th and final Disability Day on February 18, Governor Nathan Deal announced his support for the Employment First Council. Specifically, the Governor said he is happy to support the efforts of Rep. Dempsey and her study committee to establish a Georgia Employment First Council hosted by GVRA, which will create ecommendations about how Georgia should proceed as an Employment First state. That is another big step towards making Employment First the new reality for the disability community. GCDD looks forward to continuing the work with our partners and allies after the session to keep Georgia moving forward toward Employment First.
Inclusive Post- Secondary Education
Inclusive post-secondary education (IPSE) provides opportunities for students who historically have had none. These programs change lives by making college accessible for students with intellectual and developmental disabilities. Further, this education prepares them to live increasingly independent lives, pursue careers of their choice and to earn higher wages.
On Tuesday, February 2, we held an IPSE Advocacy Day at the Capitol. Representatives were present from all four IPSE programs as well as other grassroots advocates who asked legislators to invest in inclusive post-secondary education programs by doubling the legislative funding from $200,000 to $400,000. The Governor’s budget recommendations for FY 2017 did not include any new funding for these programs, and unfortunately, neither the House nor the Senate added any new funding either. At print time, the final FY2017 budget allocations have not yet been finalized.
As we go forward, we must strive to ensure the sustainability of these programs, work to grow even more programs across the entire State, and ensure that the many qualified and eager students who cannot afford this life-changing opportunity of inclusive post-secondary education have resources available to pay for these programs.
UNLOCK (formerly “Unlock the Waiting Lists!”) We Need More DD Waivers
Out of the several Medicaid waivers that Georgia offers to those who qualify for this level of care, the New Options Waiver (NOW) and the Comprehensive Supports Waiver Program (COMP) has by far Georgia’s longest waiting list. As of December 31, 2015, there are at least 8,304 individuals with developmental disabilities on this waiting list, based on data provided by the Department of Community Health. These individuals and their families are desperately hanging on and need Georgia to throw them a lifeline.
On Wednesday, January 20, we hosted a “We Need More DD Waivers” Day at the Capitol. Those who attended asked legislators to not only support the 100 new NOW waivers in Governor Deal’s recommendations for the FY 2017 budget, but also to increase those numbers to address the over 8,000 people on the waiting list. Specifically, advocates asked that legislators provide budget language to direct Georgia Department of Behavioral Health and Developmental Disabilities (DBHDD) to convert 20% or $4.75 million of unmatched state funds to Medicaid waivers. This would allow the State to access an additional $10 million in federal funds and support up to 1,000 new waivers. While the House and the Senate did both support the Governor’s recommendation for 100 new NOW waivers, neither chamber included the neutral UNLOCK budget ask to convert any unmatched DD dollars to Medicaid waivers dollars to allow for additional drawdown of federal funds that could potentially be used, at least in part, to bring more people into services.
Independent Care Program (ICWP) Rate Disparity
The Independent Care Waiver Program (ICWP) provides vital assistance to people with significant physical disabilities and traumatic brain injury to help them with daily tasks such as toileting, bathing, dressing, meals and light housekeeping. ICWP is the lowest reimbursed Medicaid waiver by far. Georgians on ICWP are in crisis because they cannot find and keep qualified caregivers at such a low rate. By the time home health agencies take their cut, caregivers often are paid only $8-9/hour.
In his budget recommendations for FY 2017, the Governor did not include any new funding to address the ICWP rate disparity. On Wednesday, January 27, we hosted an ICWP Raise-the-Rate Advocacy Day in which advocates came and asked their legislators to raise the ICWP Personal Support rates to mirror the CCSP/SOURCE Personal Support rates so Georgians on ICWP and their families could find and keep qualified caregivers.
Furthermore, individuals on ICWP, family members and ICWP providers joined together to provide public testimony on the crisis in this State due to the inequity of the rates compared to the other waivers. The House fully funded the UNLOCK request approving $3,774,382 to increase funds for ICWP Personal Support rates to match CCSP and SOURCE program rates. The Senate agreed and kept the entire amount in their version of the budget. As of the print date, the final outcome of the FY 2017 is not yet known.
The Achieving a Better Life Experience (ABLE) Act (HB 768)
An ABLE Account is a savings account that will allow people with disabilities to save money for qualified disability expenses without violating the $2,000 asset limits that apply to eligibility for Medicaid and Supplemental Security Income (SSI). It is limited to individuals with significant disabilities who became disabled before age 26.
GCDD partnered with All About Developmental Disabilities (AADD) and Autism Speaks to co-lead the Georgia ABLE Coalition to pass HB 768, the ABLE Act in Georgia. Not only did we assist with the ABLE Act Advocacy Day hosted by AADD on Wednesday, February 24, but GCDD used its Wildcard End-of-Session Advocacy Day on Thursday, March 10 to lobby for the passage of HB 768 as well. As of the print deadline for this article, HB 768 has passed the House unanimously and is scheduled for a vote on the Senate floor. Be sure to check back on the GCDD final 2016 edition of Public Policy for the People to see what happens.
Change the Standard to Prove Intellectual Disabilities in Capital Punishment Cases (SB 401)
In 2002, the US Supreme Court said it is wrong to execute a person with intellectual disabilities because it violates the Eighth Amendment’s ban on cruel and unusual punishment. But right now in Georgia, it is extremely difficult for an individual to prove in court that they have intellectual disabilities. Georgia is the only one of the fifty states that requires a person to prove “beyond a reasonable doubt” that they have intellectual disabilities in capital punishment cases.
Caitlin Childs, GCDD’s former Real Communities organizing director, in partnership with Georgians for Alternatives to the Death Penalty, The Southern Center for Human Rights, and Georgia Catholics Against the Death Penalty led the Proof to a Preponderance of the Evidence (PAPE) Coalition to work on getting legislation to address the issue and change the standard of proof to “Preponderance of the Evidence.” Three teach-ins, a breakout session at the Georgia Winter Institute and a lobby day at the Capitol were held to advocate for this message. Sen. Elena Parent (D – District 42) introduced SB 401 on February 18 with bipartisan support. The goal for this session was to get a bill introduced. The coalition will debrief after the session to discuss strategy going forward to ensure a bill is passed in 2017 on this issue.
Support Georgians Who Care for Their Families: The Family Care Act
Many Georgians balance their work lives with caring for their families. The Family Care Act would enable Georgians who have earned sick leave to use up to five days of that leave to care for sick members of their immediate family. The Family Care Act does NOT add any additional sick days or require employers to provide them; it only allows Georgians to use the sick days they’ve already earned to care for family members.
During the 2016 legislative session, hundreds of grassroots advocates emailed and went to the Capitol to ask their legislators to support the Family Care Act. SB 242 was heard in the Senate Health and Human Services Committee on February 8, 2016. Supporters, including dozens of coalition partners and business supporters packed the room. Of the two individuals permitted to testify, the head of the Georgia Restaurant Association spoke in support of our bill, which passed on an 8-2 vote. Even with broad bipartisan support among Senators, we were not successful in getting SB 242 through Senate Rules Committee by the February 29 crossover deadline to get a vote in the full Senate.
We are encouraged about the support and momentum built in our first year of focusing on a Senate bill. GCDD looks forward to continuing our work alongside dozens of other organizations in the Georgia Job Family Collaborative to discussing post-session strategy to prepare for next year’s session.
In Other News
The Governor put in $11.9 million in the DBHDD budget for FY 2017 to provide for six months of funding to reflect a provider rate increase for the COMP waiver based on the recommendations from the residential and respite services rate study. The House and Senate both agreed to keep this increase in the budget. Check back with GCDD as the final budget and other issues have not finalized as of the print deadline.
GCDD Says Thank You to Legislators and Grassroots Advocates
GCDD appreciates the time many legislators spent hearing our issues, discussing the budget, and asking questions. Despite the fact that there are so many critical needs in Georgia, we are moving forward. Please stay connected to GCDD as this legislative session finishes and we begin planning for next year! Advocacy is truly a year-round process and we need YOU, the voices of Georgians with disabilities and their loved ones, to make a difference!
