The Arc of Louisiana Policy Blog

Legislative Update May 28, 2010

2010-05-28T13:53:00.000-07:00

Legislative Update May 28, 2010

HB 1 – Budget (OPPOSE)

· House Appropriations committee approved some amendments to HB 1 on 5-27-10.

· The fiscal amendments are being analyzed by DHH to determine the impact to OCDD and providers.

· One amendment “prohibits DHH from privatizing Acadiana Services and Supports Center UNTIL a commission is created to review and approve such a contract. Also provides for an oversight committee and an ombudsman after said contract has been instituted.”

· One amendment “prohibits DHH from transferring any resident to a community setting without first creating a commission to review that resident’s status and ability to function in a new setting.”

· One amendment allows 2.5 Million from the Community and Family Support Fund to be distributed to five Districts and Authorities to be used for NON-Reoccurring expenses for individuals with developmental disabilities. There is much debate on HOW this money should be distributed (statewide versus a focus on five areas), WHO the money should be distributed to, and WHAT the money should be used for. (Note: We are actively involved in these discussions and in the development of a proposal that will go to Rep. Connick next week.)

· House has not yet voted on the full bill.

· The Arc of Louisiana opposes this HB 1 because it includes cuts (3.1% - 3.7%) to community based services.

HB 1185 – Long term care bill (SUPPORT)

· This bill passed Senate Health and Welfare this week and will go to the House floor next.

· The Arc of Louisiana supports this bill because it requires DHH to fully implement the Resource Allocation Model which will result in using state and federal funds more efficiently. Cost savings from the RAM are being used to offset additional cuts to community based services.

HB 959 – Moratorium on implementation of the Resource Allocation Model (OPPOSE)

· Puts a moratorium on implementation of the Resource Allocation Model

· Voluntarily deferred by the author. (It is likely that this bill is dead.)

HCR 94 – DSW Registry (SUPPORT)

· This bill passed the House Health and Welfare Committee and House Floor. It has been assigned to the Senate Health and Welfare Committee.

· The Arc of Louisiana supports this resolution because it will suspend the DSW Registry for a period of time (until January 2011).

· The resolution calls for a stakeholder group to meet to develop a plan for addressing the protection of individual with disabilities from DSWs who abuse and neglect.

HB 405 – Seclusion and Restraints (SUPPORT in current form)

· This bill passed out of Senate Education committee this week. Will move to the Senate Floor next.

· The Arc of Louisiana supports this bill because it “requires the BESE to adopt guidelines for the use of seclusion and physical and mechanical restraint of students with exceptionalities.” NOTE: The bill was amended this week to change “guidelines” to “rules and regulations.”

· Rules and regulations regarding seclusion and restraints would protect individuals with disabilities from unnecessary and unwarranted seclusion and restraint. At present time, schools do NOT have rules and regulations and there are neither guidelines nor consistency in how this is applied across the state.

H.B. 1460 - Special Needs Trusts (SUPPORT)

· Will allow state civil service employees to name a special needs trust as the beneficiary to their LASERS retirement benefit.

· Currently when state civil service employees retire they cannot name a trust as the beneficiary and must name an INDIVIDUAL. This is particularly troublesome because many state employees have children with disabilities and rely on a special needs trust to help care for their child after their death while preserving other benefits that may be available to them.

· Will move next to the Senate Retirement Committee.

HB 865 – Waiver benefits for military personnel (SUPPORT)

· Allows recipients of waiver services who are called to duty to be placed first on the waiting list when they return to the state of Louisiana.

· Pending in the Legislative Bureau.

HB 732, 1343, and 1394 – Corporal Punishment in elementary and secondary schools (Several bills that all involve this same issue)

· 732 - involuntarily deferred (It is very likely that this is now a dead bill.)

· 1343 - protects children with disabilities from corporal punishment. This Bill passed through the Education committee and is pending passage in the House. This bill failed House final passage. It is now a dead bill.

· 1394 - allows parents to opt out, but does not exclude children with disabilities. Bill has been referred to House Education Committee.

Update May 17, 2010

2010-05-17T20:18:00.000-07:00

Legislative Update May 18, 2010

HB 1 – Budget (OPPOSE)

· Includes cost savings measures of consolidation, downsizing, and privatization of state run services (developmental centers and group homes)

· Includes 150 new NOW slots

· Includes a 3.1% CUT to all Medicaid services

· Scheduled to be voted on in Appropriations committee on May 19th

HB 1185 – Long term care bill (as of 5/18/10) (SUPPORT)

· Allows DHH to move forward with implementation of the Resource Allocation Model.

· Allows DHH to allocate the TYPE of waiver (NOW, Children’s Choice, ROW, etc.) based on need.

· Allows DHH to implement a LTC pilot program.

· Requires DHH to develop a formula for determining the number of monitoring and regulatory staff needed to oversee home and community based waiver services.

· Passed House Health and Welfare and House Floor. Will move next to Senate Health and Welfare.

HB 959 – Moratorium on implementation of the Resource Allocation Model (OPPOSE)

· Puts a moratorium on implementation of the Resource Allocation Model

· Voluntarily deferred by the author.

H.B. 1460 - Special Needs Trusts (SUPPORT)

· Will allow state civil service employees to name a special needs trust as the beneficiary to their LASERS retirement benefit.

· Will move next to the Senate Retirement Committee.

HB 865 – Waiver benefits for military personnel (SUPPORT)

· Allows recipients of waiver services who are called to duty to be placed first on the waiting list when they return to the state of Louisiana.

· Passed House and will move next to Senate Health and Welfare.

HB 732, 1343, and 1394 – Corporal Punishment in elementary and secondary schools (Several bills that all involve this same issue)

· 732 deferred

· 1343 protects children with disabilities from corporal punishment. Bill passed through the Education committee and is pending passage in the House. (SUPPORT)

· 1394 allows parents to opt out, but does not exclude children with disabilities. Bill has been referred to House Education Committee.

Legislative Session Begins on Monday!!!

2010-03-26T13:27:00.000-07:00

Legislative Session Update
March 26, 2010

Let the games begin!

LEGISLATIVE SESSION:

The legislative session officially starts on Monday, March 29^th at noon and ends at 6:00 on Monday, June 21^st.

DHH’s BUDGET:

The House Appropriations Committee has already met to hear testimony on House Bill 1 (the state budget). Included in HB 1 for the Office for Citizens with Developmental Disabilities (OCDD) AND the Office of Aging and Adult Services (OAAS) are:

· Privatization of state run community homes

· Consolidation of North east and North west Services and Supports Centers

· Plans to reduce the number of individuals living in state run developmental centers by 20%

· 3.1% cuts to community based providers

· Addition of 150 New Opportunities Waiver slots

· $61 Million cut from PCS-LTC services

PUBLIC TESTIMONY:

The House Appropriations Committee is scheduled to hear public testimony on Tuesday, March 30^th and Wednesday, March 31^st. I will be there to testify in opposition to HB 1 with testimony that will focus on the devastating CUMULATIVE effects of all of the cuts to community based providers over the past 18 months. If you would like to testify and share information on the impact that the cuts have had to your specific agency OR to the people you serve, then please feel free to join me at the capitol. If you can’t be at the capitol next week, but have a specific story to tell, then please call or email me and I would be happy to share your story with our legislators.

LEGISLATIVE UPDATES:

I am in the process of reviewing all of the bills for this legislative session. I will post periodic legislative updates to The Arc’s Legislative Policy Blog at http://thearclapolicy.blogspot.com/ . You can access The Arc’s Legislative Policy Blog at any time to see the most recent legislative reports from The Arc of Louisiana.

2008 Legislative Summary

2008-08-25T12:19:00.000-07:00

The Arc of Louisiana
2008 Regular Session Summary

House Bill 1 – Fannin
Final budget resulted in sufficient funds to:
· Maintain current rates for Medicaid Waiver Services and Community Homes/ICFMR’s
· Provide for phase in of 2025 additional NOW waiver slots
· Restore 25% cut made in 2005 to Early Steps program
It has been signed by the Governor and is now Act 19.

House Bill 670 – Williams: Recreates the Center of Excellence for autism spectrum disorders in OCDD. It has been signed by the Governor and is now Act 154.

House Bill 958 – Foil: Requires health insurance coverage of the diagnosis and treatment of autism spectrum disorders in individuals under age 17. Was signed by the Governor last week and is now Act 648.

House Bill 1098 – Katz: Provides for a consolidated license for Home and Community-based Services providers. Includes requirements for a line of credit of $50,000, Worker’s Compensation, General Liability Insurance, deemed status for providers who achieve accreditation from a national accrediting organization and transfer of authority for licensing substitute family care agencies from DSS to DHH. It has been signed by the Governor and is now Act 839.

House Bill 1224 – Nowlin: Places a moratorium on new applications for licensure for personal care attendant service agencies, respite car service agencies, and supervised independent living programs. Signed by the Governor and is now Act 328.

House Bill 1273 – Speaker Tucker: Authorizes DHH to develop and implement cost control mechanisms for the Long Term Personal Care Services Program and the New Opportunities Waiver. Turned into a resolution and adopted by the House and Senate.

House Bill 1341 – Speaker Tucker: Provides relative to certain relatives of a recipient serving as direct support workers. Signed by the Governor and is now Act 333.

Senate Bill 237 – Thompson: Creates the crime of physical abandonment of an aged or disabled person by a caregiver. Has been signed by the Governor and is now Act 177.

HCR 217 – Speaker Tucker: Urges and requests the Department of Labor, the DHH, and the Louisiana Community and Technical College System to study and design a plan for recruitment and retention of Direct Support Workers. This resolution has been filed with the Secretary of State’s office.