North Carolina Action Alert
Archives
When action is needed, you will receive an e-mail that states the problem, presents talking points based on The Arc's position, and ways that you can respond so that your voice is heard.
Note: You must have Adobe Reader to open PDF files. Some of the links below link to PDF files. Visit www.adobe.com to get a free Reader.
December 20, 2007
E-Alert
New Waivers to Support People with Developmental Disabilities are Coming
On December 19, 2007, staff from The Arc of NC attended a waiver meeting in Raleigh. Staff from the division of DD/MH/SAS gave an overview of the process for developing new CAP-MR/DD waivers.
The current CAP-MR/DD waiver expires in August 2008 and last session, the Legislature mandated the development of tiered waivers. NC intends to develop 3 separate waivers. (The Arc of NC is recommending 4 tiers, not 3). The waiver that a person receives will be based on their support needs: i.e. Tier 1 will support people with greater independence and less support needs while Tier 3 will serve people with medical fragility and significant behavioral support needs.
We are notifying you today of these developments because over the next few months there are going to be public comment periods, opportunities for people to participate in the development of the new waivers and a need for feedback on the proposed new waivers.
The Arc of NC will be actively involved throughout the entire waiver development process. The Arc is drafting recommendations that we will send to the Division (we will share these through the E-alert network) and that we will use to guide our advocacy around this critical issue.
The timeline for the development of these new waivers will be very quick. The Division plans to have the waivers submitted to The Division of Medical Assistance (DMA) by March 2008.
The Arc of NC will use the e-alert system to inform you of new developments as they occur and will encourage you to advocate at various times.
Thank you all for your advocacy and The Arc of North Carolina Staff wishes everyone a safe and joyous holiday season.
December 14, 2007
ACTION ALERT! CALLS NEEDED!
Support Funding for Disability Programs
Background: The Fiscal Year 2008 Omnibus Appropriations bill will provide all of the funding for all national disability programs. Plans for this appropriations bill are changing frequently. Congressional leaders are still negotiating the overall funding levels and possible cuts. Many of the current proposals would be harmful to people with disabilities.
Congress needs to be reminded that the cuts proposed by the President in supported employment, special education, housing for people with disabilities, and other programs are unacceptable. Help us send a message to Congress that our programs need adequate funding.
Status: The timing on the vote on the Omnibus Appropriations bill is uncertain. It could happen anytime during the next several days.
Take Action! Please Call your Senators and Representative
Calls Friday December 14, 2007 and Monday, December 17, 2007 are essential!
Please us this toll-free number to reach your Senator and Representative: 1-888-245-0215
Thank you for your advocacy.
Julia Leggett Policy Coordinator
The Arc of North Carolina
343 E. Six Forks Road
Raleigh, NC 27609
Phone: 919-782-4632
Email: jleggett@arcnc.org
Policy Blog: www.thearcnc.blogspot.com
December 6, 2007
Action Alert: Take Action Now to Oppose the Elimination of the NC Accessibility Code!
ISSUE:
The North Carolina Building Code will be having a public hearing on Monday, December 10, 2007. During this meeting the The North Carolina Building Code Council-Accessibility Code Committee will be proposing that our state stop using the North Carolina Accessibility Code and adopt the ANSI Chapter 11 Code. The North Carolina Accessibility Code is certified by the Department of Justice and meets all federal building guidelines. This code permits our state inspectors to advise contractors on their accessibility requirements.
The removal of North Carolina's Accessibility Code will have a negative effect on state policy initiatives including Mental Health/Developmental Disabilities/Substance Abuse Services Reform, developing more accessible housing opportunities for persons with disabilities in our state, building more accessible schools, and promoting the full inclusion of people with disabilities in our communities because it will cease all NC enforcement authority and require all complaints to be filed at the Federal level.
Filing complaints will be more complicated, take longer, and could allow more building to slip through the cracks.
ACTION NEEDED:
You
can help us stop this change by either:
Attend the NC Building
Code Council Hearing on Monday, December 10 in Raleigh.
If you cannot attend, please write a letter to:
Chris
Noles, PE
Engineering and Codes
Deputy Commissioner
cnoles@ncdoi.net
What to talk about: How important it is for persons with disabilities to have access to hospitals, schools, apartments, public building, parking spots and sidewalks.
Talking Points about the NC Accessibility Code:
North Carolina's Accessibility Code is one of the strongest most progressive codes in the nation.
North Carolina is one of six states to have its Accessibility Code certified by the Americans with Disabilities Act Accessibility Guidelines.
North Carolina's Accessibility Code is certified by the Department of Justice.
Our state Code complies with federal requirements, local building inspectors and the Department of Insurance has the ability to enforce the Accessibility Code.
The North Carolina Accessibility Code provides a state/local mechanism for people with disabilities the ability to grieve barriers to accessibility on a state level as opposed to taking these grievances to a federal level.
The North Carolina Accessibility Code covers all construction including; hospitals, schools, apartments, public buildings, parking and curb cuts.
When/Where the Public Hearing will be Held:
Monday, December 10, 2007 at 1:00pm
General Assembly Auditorium-Third Floor of Legislative Building
Thank you for your support in helping us prevent turning back the clock on accessibility in North Carolina.
Have Questions or Need More Information?
Contact Julia Leggett, Policy Coordinator, The Arc of North Carolina
jleggett@arcnc.org or 919-830-5457.
MEDICAID ACTION ALERT
Please Take Action Today!
Call Senator Elizabeth Dole and Senator Richard Burr!
Urge Our Senators to Support the Moratorium on the Proposed Regulations on Medicaid's Rehab Option and School Based Services by Signing the Sanders-Collins-Casey "Dear Colleague" Letter.
Background:
The Centers for Medicare and Medicaid Services (CMS) have issued two proposed Medicaid regulations which, if implemented, would have a severe impact on children and adults with intellectual and other developmental disabilities. One would limit habilitation services for people with developmental disabilities under Medicaid's rehabilitative services option. The other would limit school based services and transportation for Medicaid eligible children receiving IDEA services.
A two year moratorium on these proposed regulations, which would prevent CMS from taking any action to implement them, is part of the SCHIP reauthorization bill. However it is unclear whether that bill will become law this year.
Status:
Senators Sanders (D-VT), Collins (R-ME), and Casey (D-PA_ are circulating a "Dear Colleague" letter urging their colleagues to sign a letter to Finance Committee Chairman Max Baucus (D-MT) and Ranking Member Charles Grassley (R-IA) urging them to include the two-year Medicaid regulation moratorium in the a forthcoming Medicare bill. (Congress will soon be considering a bill on Medicare reimbursements to physicians).
It is important that as many Senators as possible sign this letter. Hearing from their constituents will encourage them to do so.
The deadline for Senators to sign the "Dear Colleague" letter is close of business Thursday, November 15th.
Action Needed!
Call your Senators' Washington offices before Thursday, November 15.
You can: Call the Capitol Switchboard at (202) 224-3121 and ask for your Senators' office OR Call Senator Elizabeth Dole's office at (202) 224-6342, Senator Richard Burr's office at (202) 224-3154.
Talking points
May I please speak with the staff person who handles Medicaid or health care?
I am calling to urge the Senator to sign on to the "Sanders-Collins-Casey" Dear Colleague Letter. This letter urges the Finance Committee to include a two-year moratorium on proposed Medicaid regulations in the Medicare bill. If implemented, these regulations would severely limit services which are critical to children and adults with developmental disabilities.
If the Senator has not seen the letter, has questions, or is willing to sign on, he/she should call Abby Driscoll in Senator Sanders' office (for Democratic offices) or Priscilla Hanley in Senator Collins' office (for Republican offices). The deadline for Senators to sign the letter is close of business Thursday, November 15th.
Thank you for your advocacy!
Julia Leggett
Policy Coordinator
The Arc of North Carolina
343 E. Six Forks Road
Raleigh, NC 27609
E-mail jleggett@arcnc.org
Policy Blog www.thearcnc.blogspot.com
Late Wednesday, October 17, 2007
Legislative Update: Representative Bob Etheridge Will Vote for the Override.
The News and Observer's Blog, Under the Dome, is reporting that Representative Bob Etheridge has decided to vote to override President Bush's veto of SCHIP (State Children's Health Insurance Program). The Arc of North Carolina has issued a series of Action Alerts requesting Representative Etheridge vote for the reauthorization and expansion of SCHIP and vote to override the veto.
On Tuesday, Representative Mike McIntyre announced that he would vote to override the veto, switching his previous vote.
The Arc of North Carolina has been partnering in this effort with Action for Children and the North Carolina Health Access Coalition.
Read the Under the Dome report: http://projects.newsobserver.com/dome
October 16, 2007
SCHIP ACTION ALERT: Take Action Wednesday October 17!
Help Protect the Health of Children by Supporting the State Children's Health Insurance Program.
On Wednesday, October 17, 2007, we need you to call the offices of Representative Bob Etheridge (D, 2nd District) and Representative Robin Hayes (R, 8th District).
Background: Thursday, October 18th, the U.S. House of Representatives is schedule to vote on overriding President Bush's veto of legislation to reauthorize and expand SCHIP.
This important legislation does provide health insurance for over 1,300 children in North Carolina with special needs. This legislation also includes a six-month moratorium on proposed regulations to limit habilitation services under Medicaid's rehabilitative services option.
Here is what is at stake:
Health insurance for children in families with incomes up 250% of the federal poverty level.
No exclusion from coverage due to pre-existing conditions.
Coverage of dental care.
Parity for mental health services.
A provision for a 6-month moratorium on proposed Centers for Medicare and Medicaid Services regulations on Medicaid's rehabilitation option and school based services for Medicaid-eligible children with disabilities. These regulations would result in billions of dollars in cuts for services for children with disabilities.
We need your voices to help the House of Representatives override the Presidential veto of SCHIP.
If you live in the following House members' districts we need you to call them.
Representative Bob Etheridge (D, 2nd District)
Representative Robin Hayes (R, 8th District)
CALL 1-800-828-0498
ASK to be connected to the office of
Representative Etheridge or Hayes.
TELL THEM:
To change their vote against kids into a vote for kids.
Please vote for uninsured children in our district and vote to override President Bush's veto of the expansion of the children's health insurance program.
Children with special needs are currently served by SCHIP and we need to serve more children with special needs. This expansion legislation will help make that happen.
This legislation includes a 6 month moratorium on CMS rules that would limit habilitation services under Medicaid's rehabilitative services option. This moratorium is important to people with disabilities and their families.
North Carolina did not have enough money to cover families of 4 making under $41,300 because so many lower-income kids in NC need coverage. The program was saved in NC by shifting younger children into Medicaid. We need this new money just to cover the lowest income children in the state.
A 61 cent increase in the federal cigarette tax to fund the program means 3-4 times more money for NC in increased funding for children's health insurance than we will ever lose from the increase in the cost of cigarettes.
Thank you for your advocacy.
Julia Leggett-Policy Coordinator, The Arc of NC
SCHIP ACTION ALERT
October 10, 2007
SCHIP (State Children's Health Insurance Program) expansion legislation, which was vetoed by President Bush, will be returning to the U.S. House the week of October 15th..
Leadership in the House has been working to secure enough votes to override the veto. In North Carolina, only five members of Congress voted to support the expansion of SCHIP. That means ten members of Congress voted against expanding health insurance to children in our state.
We need your voices to help the House of Representatives override the Presidential veto of SCHIP.
Action Needed
If you live in the following House member's districts we need you to call them.
Representative Bob Etherdridge (D, 2nd District)
Representative McIntyre (D, 7thDistrict)
Representative Hayes (R, 8th District)
CALL 1-800-828-0498 and ask to be connected to the office of Representatives McIntyre, Etheridge or Hayes.
TELL THEM: To change their vote against kids into a vote FOR kids.
Please vote for uninsured children in our district and vote to override President Bush's veto of the expansion of the children's health insurance program.
Children with disabilities are currently served by SCHIP and we need to serve more children with disabilities. This expansion legislation will help make that happen.
A 61 cents increase in the federal cigarette tax to fund the program means 3-4 times more money for NC in increased funding for children's health insurance than we will ever lose from the increase in the cost of cigarettes.
NC farmers and quota holders are in the process of getting over $11 billion in direct payments from the tobacco buyout and the national tobacco settlement.
Isn't it about time we helped children -especially of workers in other industries who are losing health care?
Thank you for your advocacy.
Julia Leggett, Policy Coordinator, The Arc of NC
Check out The Arc's Policy Blog at: http://www.thearcnc.blogspot.com/
URGENT! September 25, 2007
Calls Needed Today to Support SCHIP bill!
The U.S. House of Representatives will vote on the State Children's Health Insurance Program bill this afternoon - Tuesday, September 25.
Background: This vote will be on a House-Senate agreement to reauthorize the State Children's Health Insurance Program (SCHIP). By providing $35 billion over 5 years, it will continue coverage for the approximately 6 million children in the program including eligible children with disabilities. This funding increase will add an additional 4 million children.
The agreement also includes a 6 month moratorium on proposed Centers for Medicare and Medicaid Services regulations on Medicaid's rehabilitation option and school based services for Medicaid eligible children with disabilities. A moratorium was a high priority of the disability community.
President Bush has threatened to veto the SCHIP bill. A strong vote in the House will show that the President's veto can be overridden.
Take Action Please Call your Representative Now!
The vote on the SCHIP agreement is only hours away.
Call toll-free: 1-800-828-0498. You will be connected to the Capitol Switchboard -ask for your Representative's office (to find your Representative's name: enter your zip code at http://www.house.gov/ (you'll find the box at the top left).
Tell your Representative: "Please vote for the State Children's Health Insurance Program bill! I'm a constituent"
Thank you for your action! Every phone call matters!
Have You Visited our New Policy Blog Page Yet?
The Arc of North Carolina is proud and excited to introduce its official policy Blog. The Blog offers in depth coverage of policy issues affecting people with cognitive and developmental disabilities in North Carolina. The Blog features posts on state and federal policy as well as a special section titled "Julia's Musings" where our Policy Coordinator will give her "spin" on the issues. http://www.thearcnc.blogspot.com/
NC LEGISLATIVE ACTION ALERT
URGENT ACTION REQUESTED!
CALL OR E-MAIL YOUR REPRESENTATIVE TODAY
Please Take Action Immediately on House Bill 1366
The School Violence Prevention Act
August 2, 2007
On August 1, 2007, The Senate passed a gutted version of the School Violence Prevention Act (HB 1366), removing the enumerated categories, including children with disabilities. This bill no longer offers specific protection to the most vulnerable students in our schools.
There is Hope.....We Still Have Time to Act.....
Please Call or Email your House member today!
The Message:
Tell your Representative to NOT CONCUR with the Senate's weakened version of the bill.
If the House members reject the Senate's gutted version, a committee of legislators will be appointed by both chambers and will be able to adopt a version of the bill that does offer the protections specified by the original bill.
To find out who your representative is by zip code:
http://www.ncleg.net/GIS/Representation/Who_Represents_Me/Who_Represents_Me.html
To contact your representative by telephone use the General Assembly Switchboard 919-733-4111
Thank you for helping protect students with disabilities from bullying in schools!
As always, please call The Arc of NC with questions 1-800-662-8706
NC LEGISLATIVE ACTION-ALERT URGENT ACTION REQUESTED!
July 26, 2007
CHILDREN WITH DISABILITIES NEED YOU TO SPEAK OUT IN FAVOR OF THE SCHOOL VIOLENCE PREVENTION ACT!
PLEASE CALL AND EMAIL THE SENATOR COMMITTEE MEMBERS TODAY!!
House Bill 1366 (the bullying bill) passed the House with your help (thank you!) and now we need to get it through the Senate Judiciary Meeting. Students with disabilities across our state expressed their concerns over being bullied and harassed in school. This bill will protect the most vulnerable students in our state.
ACTION TO BE TAKEN: PLEASE E-MAIL THESE SENATORS NOW
Chair:
Chairman Sen. Fletcher L. Hartsell, Jr,
Fletcherh@ncleg.net
Vice Chairman Sen.Austin M. Allran, Austina@ncleg.net
Vice Chairman Sen. Doug Berger, Dougb@ncleg.net
Vice Chairman Sen. Ed Jones, Dougb@ncleg.net
Members:
Senator Tom Apodaca Toma@ncleg.net , Senator Bob Atwater Boba@ncleg.net
Senator Stan Bingham Stanb@ncleg.net, Senator Walter H. Dalton Walterd@ncleg.net
Senator Charlie S. Dannelly Charlied@ncleg.net, Senator Katie G. Dorsett Katied@ncleg.net
Senator Don East Done@ncleg.net , Senator W. Edward (Eddie) Goodall Eddieg@ncleg.net
Senator Jim Jacumin Jimja@ncleg.net, Senator John H. Kerr III Johnk@ncleg.net
Senator Joe Sam Queen Joeq@ncleg.net, Senator John Snow Johns@ncleg.net
Senator A.B. Swindell Abs@ncleg.net
TELL THEM:
Vote YES for the BILL
HB 1366 enumerates protected categories to protect children most vulnerable to bullying and harassment. This legislation addresses the needs of students with disabilities.
To SUPPORT the bill with the enumeration that is currently in this important legislation.
Seventy-eight students with disabilities, who gathered in Raleigh during the summer of 2006, discussed their experiences dealing with bullying and harassment while attending school. These young leaders recognized the importance of creating legislation that would create a protected category for students with disabilities.
This legislation will support students with disabilities by utilizing the protected categories as a self-advocacy tool. Students with disabilities will be able to look to this legislation as their right to be protected from bullying and harassment.
Enumeration of protected categories is a clear sign that all students, regardless of differences in characteristics, appearance, or ability are valued and deserve protection.
To Find Your Senator by Zip Code follow the link below
http://www.ncleg.net/GIS/Representation/Who_Represents_Me/Who_Represents_Me.html
House Bill 1366: School Violence Prevention Act.
Primary Sponsors: Representatives Glazier, Fisher, Justice, and Stiller An Act to enact the school violence prevention act.
To read H1366: http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1366v1.html
Thank you for your advocacy and as always call The Arc of NC with any questions at 1-800-662-8706.
Legislative Alert- Action Needed on Bullying in School
July 23, 2007
The Senate Votes on House Bill 1366: School Violence Prevention Act.
House Bill 1366: The school Violence Prevention Act will be in the Senate Judiciary II committee on Tuesday, July 24, 2007.
This bill passed the House with your help and now we need to get it through the Senate. Students with disabilities across our state expressed their concerns over being bullied and harassed in school. This bill will protect the most vulnerable students in our state.
Just to remind you how important this is we are sharing this reflection from a North Carolina Youth Leadership Network member and advocate: "Being a person living a life with a disability can be difficult especially if the disability is visible. A person who does not walk straight or does not speak clearly is a target for bullies in the education system. As a student in their junior year of high school, people would think there would be an understanding and the teasing would decease but that is not the situation."
ACTION TO BE TAKEN: PLEASE EMAIL your Senator NOW!!!!
TELL THEM:
VOTE YES FOR HB 1366
HB 1366 enumerates protected categories to protect children most vulnerable to bullying and harassment. This legislation addresses the needs of students with disabilities.
To SUPPORT the bill with the enumeration that is currently in this important legislation.
Seventy-eight students with disabilities, who gathered in Raleigh during the summer of 2006, discussed their experiences dealing with bullying and harassment while attending school. These young leaders recognized the importance of creating legislation that would create a protected category for students with disabilities.
This legislation will support students with disabilities by utilizing the protected categories as a self-advocacy tool. Students with disabilities will be able to look to this legislation as their right to be protected from bullying and harassment.
Enumeration of protected categories is a clear sign that all students, regardless of differences in characteristics, appearance, or ability are valued and deserve protection.
Find Your Senator by Zip Code by following the link below:
http://www.ncleg.net/GIS/Representation/Who_Represents_Me/Who_Represents_Me.html
Read the bill H1366 by following the link below:
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1366v1.html
Thank you for helping students with disabilities gain the protections they need from bullying and harassment in school.
As always, please call The Arc of NC with any questions at 1-800-662-8706.
Legislative Alert- Action Needed on Equitable Health Coverage
June 26, 2007
As many of you know, The Arc of North Carolina has been following and supporting a bill this session that would require insurance companies to cover mental health needs in the same way they cover physical illnesses. For example, duration limits, co-payments, co-insurance, deductibles, etc. would be the same for medical services as for mental health services.
The Equitable Mental Health Coverage Bill (H973) passed the House and is now under consideration by the Senate. However, there is an effort in the Senate to pass equitable coverage only for certain diagnoses. This will continue the current discrimination in terms of coverage of mental health needs, especially for children.
While some insurance companies correctly view autism and other disabilities as neurological disorders and not mental illness, the reality is that many families with children with a variety of disabilities need to access mental health services.
Individuals with disabilities access mental health services for behavioral and medical issues and should have equitable coverage for these services. For example, the House bill would ensure that visits to a psychiatrist would be covered at the same level as a visit to the pediatrician.
Under a proposal to limit equitable coverage to 9 mental illnesses, many diagnoses used for treatment of children would not be covered, such as: Autism, Anxiety, Attachment disorders of early childhood, Mild or moderate depression, ADHD, Adjustment disorders
We think it is wrong to exclude any diagnosis.
Please contact your Senator and ask them to support the House version of Equitable Mental Health Coverage (H973). It is not fair to continue to exclude groups of individuals from equitable coverage.
To search for your State Senator, click here to visit the Who Represents Me? page on the NC Legislature website at www. http://www.ncga.state.nc.us or you can call the General Assembly switchboard at 919-733-4111
Phone calls and emails do make a difference! Thank you in advance for your action on this matter.
E-Alert
May 29, 2007
The Senate budget provides no additional funding for developmental disabilities services. It follows the trends of the House budget by realigning funding for existing developmental disabilities services. A realignment is a cut! Special provisions in the Senate bill have the potential to destroy the developmental disabilities system. A few of the most ominous provision include requiring co-pays for CAP/DD and CAP-C. This will put our most vulnerable population at risk. This budget also allows for reverted service dollars to be utilized for LME administrative costs. This budget realigns developmental therapies budget without regard to actual services provided or needed. This budget requires three additional (Piedmont) waivers. After a quickly released and pushed Senate budget our initial review is that there will be additional provisions that will negatively impact the DD system.
TAKE ACTION: We need you to call and email the Senators listed below now!!! This budget is moving quickly through the Senate and leadership needs to hear from you today.
TELL THEM:
1.The Senate budget released today is the worst budget that people with developmental disabilities have seen in the past two decades.
2. This budget will create chaos.
3. This budget ignores the basic service needs of North Carolinians with developmental disabilities and their families.
4. This budget provides no expansion of services and has the potential to reduce services for people with developmental disabilities.
Senate Appropriations/Base Budget Committee :
Co-Chairs Sen. Walter Dalton Walterd@ncleg.net Sen. Linda Garrou Lindag@ncleg.net Sen. Kay Hagan Kayh@ncleg.net
Senate Appropriations on Health and Human Services
Co-Chairs Sen. Doug Berger Dougb@ncleg.net Sen. William Purcell Williamp@ncleg.net
Members Sen. Harris Blake Harrisb@ncleg.net Sen. Charlie S. Dannelly Charlied@ncleg.net Sen. James Forrester Jamesf@ncleg.net Sen. Steve Goss Steveg@ncleg.net Sen. Marc Basnight Marcb@ncleg.net
To contact any of these Legislators, please call the switchboard at 919-733-4111
Date May 21, 2007
Contact: Jill Warren Lucas Phone: 919-807-2496
Release Immediate
CLA will assume responsibilities on July 2, 2007
RALEIGH - North Carolina's Protection and Advocacy System was today redesignated to Carolina Legal Assistance (CLA). CLA will assume the protection and advocacy responsibilities on July 2, 2007. These services are currently provided by the Governor's Advocacy Council for Persons with Disabilities (GACPD), a division of the N.C. Department of Administration.
This action was taken at the request of the disability community and after consulting with the GACPD governing board. Feedback determined that advocacy services can be provided more efficiently and effectively in an independent agency. CLA is independent of the state and will be exclusively responsible for advocating for people with disabilities in North Carolina.
CLA meets all of the requirements of a statewide Protection and Advocacy (P&A) System and shall have all of the powers and duties vested in it by applicable federal statutes and regulations. There will be no charge for P&A services.
P&As are required to have the authority to pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of such individuals within the state who are or who may be eligible for treatment, services, or habilitation, or who are being considered for a change in living arrangements, with particular attention to members of ethnic and racial minority groups; and provide information on and referral to programs and services addressing the needs of individuals with disabilities. P&As have the authority to investigate incidents of abuse and neglect of individuals with disabilities if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred.
###
GOVERNMENTAL AFFAIRS UPDATE
May 18, 2007
Budget
The Senate has been meeting behind closed doors working on their budget. Indications are that the initial budget is worse than the House budget. This is due to the Senate's leadership decision to let the 1/2 cent sales tax sunset. We anticipate that this will be next week. At that time, we will ask you to respond with calls to the Senate.
Policy
House Bill 1366- School Violence Prevention Act or the Bullying Bill. The House Committee on Education debated and finally passed HB1366 this week. The bill clarifies what is bullying and harassing behavior. It provides schools with a clear guideline on how to create policy that addresses bullying and how to prevent school violence. This bill includes a list of students who are most vulnerable to bullying in our schools. The list includes students with mental, physical, sensory and developmental disabilities. House Bill 1366 will now move to the House Judiciary 1 committee and then on to the House floor for a full vote.
House Bill 1428 - Students w/Disabilities/No long-term Suspension is scheduled for the House Committee on Education next week. This bill protects children with IEPs who were suspended from school for more than 10 days and have been denied the Functional Behavior Assessments and Behavior Intervention Plans that are required. The bill prevents schools from suspending students with disabilities when schools have failed to provide assessments and needed interventions.
House Bill 973- Mental Health Parity- Mental Health Equitable Coverage. This bill will eliminate discrimination in health coverage for mental illness and chemical dependency/addictive disorders. This bill will be in the House Insurance Committee on Tuesday, May 22, 2007 at 11:00 am in Room 1228 of the Legislative Building.
May 11, 2007
House Finds Money For State Employees, County Relief on Medicaid and other Priorities but Can't find Money for People with Disabilities
The house finalized its budget on Thursday without addressing the needs of people with disabilities served through the MH/DD/SA. House members cite the potential of over 90 million dollars in unspent state dollars as the rationale for providing little if any additional funding for the MH/DD/SA system. This rationale of course punishes the citizens of the state rather than fixing the problem. In addition to the unspent funds house appropriations leadership indicated to us on several occasions that there was "no money". Of course that was just a line to avoid the truth that they had other priorities.
It is important to know that you did your job. Legislators have told us that they heard from you in large numbers; they just chose to ignore your needs.
Though the House did not have the conscience to do the right thing we still have an opportunity on the Senate side. We are working on very specific recommendations to give to Senate leaders on the inability to spend issue and clear concise recommendations on spending priorities. The Coalition rally comes at an important time. The House budget will be final and we can help the senate see what really matters. Your presence and voice are very important. If you are planning to come great, if you are not, we really encourage you to reconsider. Hundreds of people with disabilities and their families in Raleigh will create a clear picture of what the House did not do!
Since the House budget passed early this morning, we do not have all of the final details. We will by Monday have that in place and e-mail to you. I will also be available at the Rally. Scroll down for the rally schedule and information.
On a positive note, the House did add 5 million dollars to the Special Education budget which will add to the funding each school district will receive for Special Education students.
Below please find the list of key Senators, facts about where to park for the Rally, talking points for the Coalition and The Arc cell phone numbers for The Arc staff at the Rally.
NAMI is sponsoring a March at the end of the Coalition Rally. We have not sent this information out because we did not want to add another event to the Rally. If you want information on this, please call us.
Senate Appropriations on Health and Human Services
Co-Chairs
Sen. Doug Berger Dougb@ncleg.net
Sen. William Purcell Williamp@ncleg.net
Members
Sen. Harris Blake Harrisb@ncleg.net
Sen. Charlie S. Dannelly Charlied@ncleg.net
Sen. James Forrester Jamesf@ncleg.net
Sen. Steve Goss Steveg@ncleg.net
Senate Appropriations/Base Budget Committee
Co-Chairs
Sen. Walter Dalton Walterd@ncleg.net
Sen. Linda Garrou Lindag@ncleg.net
Sen. Kay Hagan Kayh@ncleg.net
Legislative Rally Schedule
8:00 am - Registration Begins - back portico of Legislative Building - You will receive information about the day and talking points for talking with legislators for the day.
8:30 am - Attend Joint Health and Human Services Appropriations Committee meetings - schedule available at registration.
10 am to 11:30 am - Meet with members of your legislative delegation. (See below for talking points and how to schedule a meeting).
11:30 to 1 pm - HOT DOG RALLY - on the lawn by the
Legislative Office Building - with food, entertainment, talks by legislators and more
Afternoon: Continue visits with legislators and attend House and Senate sessions
PARKING
Because there is limited parking in the area around the state government complex in Raleigh, the Coalition has been able to arrange some parking and transportation at the State Fairgrounds complex.
BUS SERVICE WILL BE AVAILABLE FROM FAIRGROUNDS TO LEGISLATURE - Thanks to the generosity of RHA Health Services, we will have a bus and two vans that will make a circle from 8:30 am to 3 pm from the State Fairgrounds location to the Legislative Building and back to the Fairgrounds. WE ARE URGING THAT THIS BE AN AREA WHERE PERSONS DRIVING A BUS, VAN OR CAR WITH PASSENGERS CAN COME TO PARK. You will need to take your passengers directly to the Legislative Building and then come back to park the vehicle.
IF YOU WOULD LIKE TO USE THE PARKING AND VAN SERVICES, PLEASE FOLLOW THE DIRECTIONS CAREFULLY AND PLEASE PARK ONLY IN THE AREA NOTED BELOW.
Directions to Parking -Take Wade Avenue toward I-40. Get off at the Blue Ridge Road exit (the one you would take to go to the NC Museum of Art or the State Fair). At the top of the ramp coming from downtown Raleigh turn left onto Blue Ridge Road. Coming from the west (I-40, exit 289 to put you on Wade Avenue) turn right onto Blue Ridge Road. Take Blue Ridge up to Trinity Road - several blocks. Turn right onto Trinity Road. Take a left at the oak trees into the Gate 9 access road, then turn right and park in the area immediately adjacent to the oak trees. A Coalition volunteer will be in the parking area. You are parking in the Lower Bunn Field - a satellite area of the Fairgrounds.
REMINDER - WE SUGGEST THAT IF YOU ARE BRINGING A BUS OR BRINGING A GROUP IN A CAR OR VAN - that the driver of the vehicle take the passengers directly to the Legislative Building and drop them off. Then the driver of the vehicle drive to the State Fairgrounds, park the vehicle and return to the Legislative Building by bus.
FOR PERSONS IN WHEELCHAIRS - please note that we will have limited transportation with wheelchair accessibility so it is suggested that those in a wheelchair be dropped off directly at the front of the Legislative Building and that drivers of those vehicles use the shuttle service after parking their cars/vans at the Fairgrounds.
Talking Points for The Arc of North Carolina
We support the Coalition budget proposals
People with disabilities should not be punished because of problems with "the system"
The Arc's specific priorities:
660 CAP/DD slots-10 million dollars (brings in 20 million in federal funds)
20 million dollars in CAP/DD funding
1.7 million dollars funding for First in Families
Funding for services in the Housing 400 Program
The Arc of North Carolina Staff on Site for the Coalition Rally
Dave Richard - 280-3272
Ellen Russell - 280-3878
Linda Guzman - 280-7270
Julia Leggett - 830-5457
Ricky Terry - 971-6583
If you cannot find us and need information, please call us.
The Arc of North Carolina E-Alert URGENT
House Proposal provides Only 2 CAP Slots per County and little else for people with Developmental Disabilities!
On Tuesday afternoon the House Sub-Committee on Health and Human Services unveiled its proposed budget. Chairperson Verla Insko stated that members of the committee had until tomorrow to suggest changes to the proposed budget with a vote scheduled for Thursday.
Though the MH/DD/SA expansion total is listed at 34 million dollars, very little funding is targeted for people with developmental disabilities. In fact, LME Administrative increases of 9 million dollars are triple the targeted funding for individuals with developmental disabilities.
In the proposal, only 200 new CAP slots would be made available statewide, that's two per county. No funding is included for Respite or First in Families. People with developmental disabilities would benefit from a 3 million dollar increase in supported employment and could possibly benefit from the funding for housing.
The committee chooses not to include Medicaid inflation increases, instead leaving that decision to the House leadership. One exception was funding inflation for state institutions.
Click here to read a word document that contains the budget proposals of particular interest
ACTION NEEDED
Members of the House Sub-Committee and the Chairs of the full appropriations committee must hear from constituents concerning this budget. Our message is simple.....People with developmental disabilities deserve and need the support of the General Assembly!
The General Assembly should fund:
Remind them that 200 CAP slots will only support 2 new people in each county.....add any information that will give members a personal story about why these services are needed.
Calls are best but e-mails will have an effect.
Please call your member if they are on the target list and e-mail the rest of the list. If you can only send 3 e-mails please send them to the three Chairs of the Sub-Committee. If you have questions please call The Arc of NC.
To contact any of these Legislators, please call the switchboard at 919-733-4111
House Appropriations Subcommittee on Health and Human Services
Chairs
Rep. Beverly Earle Beverlye@ncleg.net
Rep. Bob England Bobe@ncleg.net
Rep. Verla Insko Verlai@ncleg.net
Vice Chairs
Rep. Jeff Barnhart Jeffba@ncleg.net
Rep. Debbie Clary Debbiec@ncleg.net
Rep. Linda Coleman Lindac@ncleg.net
Members
Rep. William Brisson Williambr@ncleg.net
Rep. Wil Neumann Wiln@ncleg.net
Rep. Charles Thomas Charlest@ncleg.net
House Full Appropriations Committee
Chairs
Rep. Alma Adams Almaa@ncleg.net
Rep. Martha Alexander Marthaa@ncleg.net
Rep. James Crawford Jimcr@ncleg.net
Rep. Phillip Haire Philliph@ncleg.net
Rep. Maggie Jeffus Maggiej@ncleg.net
Rep. Henry M. Michaux, Jr. Mickeym@ncleg.net
Rep. Joe Tolson Joet@ncleg.net
Rep. Douglas Yongue Douglasy@ncleg.net
The Governor has announced his intent to redesignate the Governor's Advocacy Council for Persons with Disabilities to Carolina Legal Assistance!
The Governor has officially announced his intent to redesignate the Governor's Advocacy Council on Persons with Disabilities (The GACPD) to Carolina Legal Assistance (CLA). The official announcement triggers a federally required public comment period that ends on April 30, 2007.
The GACPD is North Carolina's federally mandated Protection and Advocacy Agency (The P&A). The GACPD is housed in NC State Government in the Department of Administration. To read the official announcement click here.
The Arc of NC and many other disability advocates and organizations believe that the agency that is responsible for protecting and advancing the rights of people with disabilities needs to be separate from state government. The Arc has been advocating for the redesignation of GACPD to a private non-profit for over ten years.
The Governor's decision to name Carolina Legal Assistance as the new agency for the P&A is an excellent choice. CLA has an impressive history of protecting and advancing the rights of people with disabilities in our state through class action lawsuits, individual lawsuits, systems and legislative advocacy and by creating and serving on multi-disciplinary coalitions and task forces.
Please e-mail the Governor's office today and tell him that you agree with his decision and that a P&A separate from State Government will improve the lives of people with disabilities in North Carolina. Please thank the Governor for taking this bold step. The e-mail address is: input.intent@ncmail.net.
Please copy Dave Richard, Executive Director, The Arc of NC at Drichard@arcnc.org on your e-mail to the Governor.
The message can be this simple;
Dear Governor,
I am the parent of a child with a disability .......or..... I am a person with a disability......or..... I work with people with disabilities. Thank you for deciding to redesignate the GACPD to Carolina Legal Assistance. North Carolinians with disabilities will greatly benefit from redesignation.
.....add additional comments if you'd like, sign your name and hit send.....
If you prefer you can write a letter and mail it to:
McKinley Wooten, Jr., Deputy Secretary
Department of Administration Internal Services and Programs
1301 Mail Services Center Raleigh, NC 27699-1301
Input from the public will be accepted until April 30, 2007. Please write today thanking the Governor for his decision.
Frequently Asked Questions about the redesignation.
The Arc of NC 2007 Policy and Funding Legislative Priorities
Print the Priorities in a Pdf File or click here to read them on-line
Implementation Update #19 Parents/Guardians as Providers
WILL NOT BE IMPLEMENTED
The Division of MH/DD/SAS has posted Implementation Update # 24 which details a new PROPOSED policy that will allow some guardians/parents to provide paid CAP-MR/DD supports to adults with disabilities. The proposed policy that is mentioned in the memo is a separate attachment. You can click on the underlined links above or visit the MH/DD/SAS Website to read all of the Division's official communications
The Arc of North Carolina E-Alert - Legislative Update
The Governor released his proposed budget on Thursday. The budget contains very little for Mental Health/Developmental Disabilities/Substance Abuse. A quick review indicates that the only service funding is 3.5 million dollars for Mental Health/Substance Abuse community capacity. At this time, we are unable to determine if any additional CAP slots are included in the Medicaid budget, but we do not believe any additional funding is included.
The Governor's budget proposal is only a proposal, but having no funding in it makes our job more difficult. On Monday we will send an "Action Plan" for the appropriations process.
On Wednesday, The Coalition Central Region Legislative Breakfast was held. The Arc was well represented. Rebecca Sorensen, a family member and member of The Arc of North Carolina Board of Directors, did a wonderful job of showing Legislators why increased funding is critical as she delivered The Coalition's speech. On Wednesday, February 28th, the Western Region Legislative Breakfast is scheduled. We still are lacking a significant turnout. Please consider attending if you have not yet signed up!! If you need additional information regarding the Breakfast, please contact Ricky Terry at rterry@arcnc.org or 1-800-662-8706.
The April 1, 2007 scheduled implementation of the new Parents/Guardians as Providers policy has been postponed until further notice. Please see page 4 of Update #23 for more information.
The MH/DD/SAS Division has posted Implementation Update #23, a memo that covers a variety of topics including: revisions to the CAP Manual, prior authorizations, appeals process, Parents as Providers, EPSDT, and supervision of Personal Care staff. To read all of the Division's Communication Bulletins and Implementation Updates, visit the MH/DD/SAS Website.
The purpose of these Town Hall meeting is to offer an opportunity for the community to have a direct dialogue with representation from the Division, share information and listen to concerns about system transformation.
February 14, 2007
The Division of MH/DD/SAS has posted a new communication.
State Plan Communication Bulletin #69 Housing Initiatives.
To read all of the Division's official communications please visit the MH/DD/SAS Website. You will see the Communication Bulletins posted on that page. To read information about service implementation updates, click on the link on the right hand side titled Enhanced Services Implementation Updates.
As the Legislature convenes, the needs of people with developmental disabilities are being pushed aside by issues that are perceived to be more critical. Every year we must struggle against high profile issues like education, highways and tax cuts, but this year fueled by an outlandish consultant report, we are also pitted against the needs of people with mental illness and addictive diseases.
The Arc has always been supportive of equitable funding for each disability group and continues to support that position. But this year, people with developmental disabilities, their families and supporters, could end losing. We will need to be vocal about the needs for people with developmental disabilities or risk being left behind.
The Legislative Oversight Committee (the LOC) on Mental Health/Developmental Disabilities/Substance Abuse is considering 19 proposals that would, if funded, add almost 300 million dollars to the MH/DD/SA system.
Of the 300 million dollars, only 3 million dollars would be allocated specifically for people with developmental disabilities. In the recommendations, Developmental Disabilities would receive 5 million dollars of inflationary increases and could participate in crisis funding and housing subsidies.
The proposal for Targeted Developmental Disabilities funding would only increase CAP-MR/DD Waiver slots by 100 and would only provide token funding for additional vocational services. These recommendations will not address the needs of individuals waiting for services.
Action Needed
While these are only proposals, we believe members of the Legislative Oversight Committee should hear from constituents about the needs of people with developmental disabilities.
If you have a member of the Legislative Oversight Committee from your community (Committee Members and e-mail addresses are listed below), please e-mail them with the following message:
1. Funding 660 new CAP-MR/DD slots
2. Fund the First in Families Program statewide
3.Provide adequate resources for the Early Intervention Program
The Arc has a larger legislative agenda The Arc of NC 2007 Policy and Funding Legislative Priorities which are posted below this E-Alert.
We will be working with the members of the General Assembly to achieve these goals as the session continues, but believe that the three items listed above best fit the Legislative Oversight Committee agenda.
If you have any questions, please feel free to call Dave Richard at 1-919-782-4632 or 1-800-662-8706.
The Arc of NC 2007 Policy and Funding Legislative Priorities
Print the Priorities in a Pdf File
In NC we have a severe shortage of qualified direct care workers to work with people with developmental disabilities. This crisis is undermining the ability for families to provide quality care for their family members. We recommend that NC enact legislation that will allow for a direct salary pass through for these workers. In addition we would encourage the General Assembly to explore methods through which health care benefits could be accessed at a reasonable rate for workers in this arena.
Many families who are on waiting lists for services would be able to support their family member at home with a little additional help. NC has a Family Support model, First in Families that is highly successful but is not available statewide. We encourage the General Assembly to fund expansion of the First in Families program statewide. To do so is would cost 1.7 million dollars in state funding. An additional service that would assist families who are waiting for service is respite care. We would ask the General Assembly to provide additional funds for respite.
The CAP-MR/DD Waiver
This program is the most efficient method for NC to provide needed community services for individuals with developmental disabilities. NC is scheduled to have additional 660 slots available in FY 2007-08. An additional appropriation of 9 million in state dollars is needed to draw down the federal funds.
Housing
The Housing 400 Initiative recommended and funded by the Legislature in 2006 is an important step in providing needed housing. For some individuals with developmental disabilities, to take advantage of this program, state funds will be needed to provide services in the homes. Additionally The Arc, along with other developmental disability agencies, has been awarded HUD grants for additional housing units. The individuals in the units will require state funds in order to live in the homes. Finally we would recommend that the Legislature continue its work from last year by recommending funding more units through the Housing Trust Fund.
Vocational Services
The Division of MH/DD/SA has developed a new service definition for vocational services. The definition will enhance the ability of providers to move people with developmental disabilities into the work force. We recommend the Legislature include funding in its recommendation for this change.
Adult Care Homes
Many people with developmental disabilities are inappropriately placed in Adult Care Homes. We encourage the General Assembly to include people with developmental disabilities in any proposals to assist individuals to move into community settings.
Early Intervention
Services for young children with disabilities are a critical step in alleviating future difficulties. We ask that the General Assembly provide full funding for this program.
Dental Care
For individuals with developmental disabilities access to quality dental care can be very difficult. The Access to Dental Care program is a best practice model that should be expanded statewide.
Mental Retardation Centers
North Carolina continues to house more individuals in our state mental retardation centers than most states. The General Assembly should direct the Division of MH/DD/SA to develop and implement a plan to downsize our facilities by at least 7% per year.
Crisis Services
Lack of adequate community crisis services continues to create hardships for families and people with developmental disabilities. The General Assembly should assure that these services are in place and adequately funded for people with developmental disabilities.
Public Education
A number of bills will likely be introduced as a result of the recommendations of the House Select Committee on the Education of Students with Disabilities. Some of these are related to the recent re-write of the NC Special Education Law, known as Article 9. Issues of particular interest include: criteria for utilization of homebound services, consideration of appropriateness of IEP and/or placement in discipline procedures, discipline protection for unidentified students whose past performance/behavior indicated need for referral, study of teacher preparation programs, and Medicaid reimbursement for school-based services. We will also be following and supporting an anticipated bill addressing funding.
The North Carolina General Assembly Convenes
The North Carolina General Assembly opened today, January 24, 2007.
The Speaker of the House is Joe Hackney from Chapel Hill.
This E-Alert is to thank you for your participation in The Arc of North Carolina's advocacy network. We would like to give everyone some background information as well as ask you to please forward this e-mail on to someone else who is not currently on the E-Alert network and enlist them to join our cause. Ask your friends, family and co-workers to sign up and join us at www.arcnc.org.
Expect an Action Alert tomorrow.
The Arc of NC's 2007 Legislative Priorities will also be posted on our website on Thursday. We will send you the link to the priorities in tomorrow's E-Alert.
This year will be a critical year for people with intellectual and related developmental disabilities in North Carolina. The DD community will need to have a strong united voice.
People with disabilities continue to languish on waiting lists, their parents aging, wondering who will help their son/daughter when they no longer can. Young adults with intellectual disabilities are being "placed" in rest homes that are designed for the elderly. School-aged children continue to be segregated in separate classrooms. Infants and toddlers are left waiting for early intervention services at the most critical developmental point in their lives and our state continues to utilize our large institutions at a higher rate than most of other states in the nation, the "downsizing" plan just ink on paper.
The Arc of North Carolina's E-Alert network connects you to the issues that are important to the developmental disability community. We will send you background information on specific issues/legislation along with possible talking points and contact information for the people in the General Assembly that need to hear from you, their constituent. The elected officials making the laws must hear directly from people in their district how the decisions they make in Raleigh will affect real people.
Please mark your calendar now for the Legislative Rally Day that is scheduled for May 16, 2007. If you have never attended a rally, make this year your first! It is an action-packed day where people with disabilities and their families actively participate in our democratic process. We need to have thousands of people with disabilities in Raleigh to meet with their legislators face to face. The General Assembly must hear from people with developmental disabilities and their families. Information about the rally will follow as the date nears.
Here are some helpful hints to assist you in your advocacy.
To find out who represents you: http://www.ncga.state.nc.us Just scroll down to the bottom right hand side of the page and type in your zip code.
To look up bills: http://www.ncga.state.nc.us You can search by bill number or by bill text. There is a search box on the right hand side of the page.
Driving directions to the Legislative Buildings: http://www.ncga.state.nc.us/NCGAInfo/visitinglegcomplex.html
Thank you again for being part of the network that improves the lives of people with disabilities and their families.
For questions you may contact The Arc of North Carolina advocacy staff by telephone at 1-800-662-8706 or 919-782-4632 or via e-mail
Dave Richard, Executive Director, drichard@arcnc.org Ellen Russell, Director of Advocacy and Chapter Support, erussell@arcnc.org Gerri Smith, Advocacy Specialist, gsmith@arcnc.org Linda Guzman, Chapter and Advocacy Specialist, lguzman@arcnc.org
Parents/Guardians as Providers Changes are Delayed!
The Arc of North Carolina's Position on Families as Providers Policy
Print the Position in a Pdf File
Families of people with developmental disabilities have and will continue to be critical support to their children with developmental disabilities. The Arc of North Carolina reaffirms its commitment to families to receive family support dollars to provide care to their children in the home.
Often families are placed in the position of becoming the primary paid caregiver for their child due to the lack of high quality direct support work force. Parents who have provided this service have done so because of their interest in ensuring high quality service to their loved ones.
The Arc of North Carolina does understand the need for the State of North Carolina to regulate services that utilize funds from the CAP-MR/DD program. The policy adopted in Implementation Update #19 is generally consistent with the values and beliefs of our Board of Directors. In order to implement this policy in a manner that is fair to parents, people with developmental disabilities and the citizens of North Carolina, we recommend that the Department of Health and Human Services implement the policy in the follow manner:
In addition, The Arc of North Carolina calls upon the General Assembly and the Administration to address the crisis in available direct support workers. Specifically, we recommend:
The Arc of North Carolina intends to work with members of the General Assembly, Administration, families and consumers to implement these recommendations.
For more information, contact The Arc of North Carolina at (919) 782-4632 or (800)662-8706
12/9/06 Position adopted by The Arc of NC Board of Directors
The MH/DD/SAS Division has posted a communication that outlines the new rules governing parents as CAP providers for their children. Parents of minor children may no longer provide CAP services. Please read Implementation Update #19 for further information. To read all of the Division's Communication Bulletins and Implementation Updates, visit the MH/DD/SAS Website.
ACTION ALERT from The Arc of the United States.
Take
Action Today - E-mail Your Senator
(if the link above does not work please copy and paste the address below
into your browser)
http://capwiz.com/thearc/issues/alert/?alertid=8910411
Millions of people with disabilities and their families survive on Medicare, Medicaid, special education, housing, Social Security, food stamps, etc. However, if Senate Budget Committee Chair Judd Gregg's (R-NH) budget reform bill (S. 3521) passes, these and other domestic programs are in serious jeopardy. The Senate may vote the week of July 17 on this bill.
While budget reform is vital to our nation's prosperity, S. 3521, the Stop Over Spending Act of 2006, is lopsided and irresponsible. It also unfairly targets domestic programs and services important to the disability community.
Sen. Elizabeth Dole and Sen. Richard Burr will have a critical vote on this bill. Please ask them to reject S. 3521 and any separate legislation with its provisions. Click here to e-mail them today.
Thanks for your help.
Richard B. Price
Director of Communications and Grassroots Advocacy
The Arc and UCP Disability Policy Collaboration
Take Action Today!!
The Division has posted two new communications:
Enhanced Services Implementation Update #11 Clarification of Various Topics
Enhanced Service Authorizations #12 Value Options Implementation
Official MH/DD/SAS Division communications can be read on the:
Division's Official Announcements Page.
The Division has posted a new communication about crisis services Crisis Plan Memo 7.06.06.
Official Division communications can be read on the: Division's Official Announcements Page.
The Division has posted Communication Bulletin #058 regarding services for consumers who are deaf, hard of hearing or deaf-blind as the LMEs divest of services.
The MH/DD/SAS Division has posted a new Enhanced Services Implementation Update #9:
Billing for Medicaid Services for which Direct Enrollment with DMA is not yet Possible.
Official Division communications can be read on the: Division's Official Announcements Page.
E-Alert July 3, 2006
Help Save Medicaid Funding for Related Services in Schools
The e-mail message below contains important information from The Arc of the US about a threat to related services in schools for children with disabilities. Please take the time to respond. The Arc of the United States has pre-written letters on their action site. This makes it quick and easy to respond.
Medicaid Funded Special Education Services Seriously Threatened
If the Bush Administration has their way, families of students with disabilities who are Medicaid eligible and who receive IDEA related service through their school systems may be cut-off from their much-needed services, which can include speech, physical and occupational therapies, transportation to health services, tube feeding and other medical interventions.
The Arc of the United States needs your help. Here is how:
1. Help us stop the Bush Administration from gutting these services for students with disabilities. Click here to learn more about this issue and contact the Department of Health and Human Services and the Centers for Medicare and Medicaid Services, urging them to restore the funding for this program.
2. Senator Ted Kennedy, a friend of the disability community, will be introducing legislation aimed at correcting this problem. To learn more, click here and contact your Senator, urging him/her to support Senator Kennedy’s bill.
3. Finally, click here to send us personal stories from Medicaid eligible families who have a student (s) with a disability and who receives IDEA-related services. Please emphasize the critical nature of the related services on the child's ability to thrive in school and the devastating impact the elimination of such services would have on the child.
To help us save this funding, it is vital to reach out to your network of families, friends and allies and distribute this Action Alert broadly and help us gather these stories.
Thanks for your efforts.
Paul Marchand Staff Director The Disability Policy Collaboration, a partnership of The Arc of the United States and United Cerebral Palsy
Posted by Linda Guzman, The Arc of North Carolina
E-Alert June 12, 2006
Legislative Update
Coalition Rally
Success
Thanks to all members of The Arc who
attended this year's Coalition 2001 Rally. Your participation did help in
improving the Appropriations on the House side!!!
House Budget
The House Appropriations Sub-committee
adopted its budget on Thursday night. On Tuesday, the full Appropriations
Committee will vote with our anticipated final House passage by week's end.
The Sub-committee report includes around the same amount of money as the
Senate budget, but changes the method and mix of recurring and non-recurring
funds.
Positive highlights include: the inclusion of 3 million dollars for additional CAP funding for people on the waiting list; increases Early Intervention by $900,000 over the Senate plan, and funds for a rate increase in Special Assistance ($1,118 per month to $1,132.)
On the downside, the report reduces recurring funds for developmental therapies to 26,435,119 (1,400,000 non-recurring), reduces crisis and psychiatric access funds and the flexible funds for Mental Health/Substance Abuse from the Senate report. Additional changes include: changes the operating subsidy from recurring to non-recurring and the report does not adopt the Senate proposal to have some Mental Health Trust funds recurring.
Much of the change in the House report moves funds to non-recurring. Though this is not how we would like to see the budget, it does still give us the opportunity to work with the Senate to move more of the funds to recurring when this gets to the Conference Committee process. It is important to note that this recommendation, if passed, would be the largest single appropriation for Mental Health/Developmental Disabilities/Substance Abuse in years. The money report is attached.
Action Needed
*
Chapters should e-mail members of the House Appropriations Committee asking
them to support the Sub-committee
recommendations.
* Chapters should be prepared
for emergency alerts on Tuesday June 13th if attempts are made to
further reduce the House
recommendations. (We know there will be attempts to find
funding for services that have not been funded in other areas.) *
Chapters should send e-mails thanking the following members for their
leadership:
Representative Farmer-Butterfield -
was responsible for raising the issue of CAP slots -
Jeanf@ncleg.net
Representative Stam - was
responsible for raising the issues of additional Early Intervention funding
-
Pauls@ncleg.net
Representative Insko - as
Sub-committee Chair, continued to fight throughout budget negotiations for
Mental Health/Developmental Disabilities/Substance Abuse funding -Verlai@ncleg.net
Representative Barnhart
- as Sub-committee Co-chair, worked hard to protect Mental
Health/Developmental Disabilities/Substance Abuse funding including CAP
slots -
jeffba@ncleg.net
Policy Issues
Last Tuesday, Representative Verla Insko
presented a committee substitute for House Bill 2080 that merged HB 2080
with 2081. The new bill contains language to clarify LME and State agency
responsibilities. The Arc and others have concerns with several provisions
in this bill and asked legislators to give more time for review. The bill
was discussed, but no action was taken.
Specific areas of concern for The Arc are:
* changes that would retain Utilization
Review (UR) for Medicaid services by LMEs by 2009
* changes that would have LMEs retaining UR
for CAP-MR/DD
* changes that would give LMEs authority to
make changes to a Person Center Plan that had already been authorized
* changes intended to help LMEs track
individual outcomes but that do not take into consideration the
developmental
disability case
management system
* changes that require LMEs provide
additional UR for "High Cost" consumers, currently described as anyone over
the
medium cost
* continuing the LMEs' responsibilities for
UR for State funds but not adequately defining roles for individuals funded
by
both Federal and State
funds
* allowing for County governments to become
qualifying providers of any MH/DD/SA service regardless of provider
capacity and without any
guidelines around separation of management from service
The Arc's position is that we believe roles and responsibilities of LMEs and the State must be clarified. Unfortunately the provisions of this bill as currently written could create significant changes in the spirit and letter of the original reform legislation. Though change may be necessary, the provisions in this bill could have severe impact on the stability of the system, the ability for individuals to choose providers and may create unnecessary expenses to an already under-funded system.
We have and continue to propose that
all
parties, including families, consumers, advocates, LMEs and providers work
together to find solutions to those issues. We will continue to work for
such a process.
If you have any questions, please call our office at 1-800-662-8706.
E-Alert June 8, 2006
House Members Consider Less Funding to Mental
Health/Developmental Disabilities/Substance Abuse
We are continuing to hear that the House leadership is going to recommend less funding for Mental Health/Developmental Disabilities/Substance Abuse than the Senate. Calls to House leadership and Appropriation Chairs are critical today!!
Action Needed
Call Speaker Black's office - ask him to increase spending for MH/DD/SA over the Senate proposals!!
Call House Appropriation Chairs - ask them to increase spending for MH/DD/SA over Senate proposals. Remind them that citizens with disabilities should be a priority....just like teachers and State employees.
If your House member is on the Health and Human Services subcommittee, call them and ask that they take a stand for people with developmental disabilities!!
Remember people with developmental disabilities
need:
29 million dollars to replace CBS
3 million dollars for CAP slots for people waiting for service
Flexible State funding
Funding for Crisis Services
Tell your story! Leave a message and your phone number.
Please call our office if you have any questions at 1-800-662-8706
Speaker Jim Black - 733-3451
House Appropriations Chairs
Representative Debbie Clary - 715-2002
Representative Jim Crawford - 733-5824
Representative Beverly Earle - 715-2530
Representative Edd Nye - 733-5477
Representative W.C. Owens - 733-0010
Representative Wilma Sherrill - 715-3026
Representative Douglas Yongue - 733-5821
Subcommittee on Health and Human Services
Representative Jeff Barnhart, Chairman - 715-2009
Representative Verla Insko, Chairman - 733-7208
Subcommittee Members
Representative Jean Farmer-Butterfield, Vice Chairman - 733-5898
Representative Mark Hollo, Vice Chairman - 715-3009
Representative Bernard Allen - 733-5772
Representative William Current - 733-5809
Representative Bob England - 733-5749
Representative Paul Stam - 733-5780
Representative Thomas Wright - 733-5754
E-Alert June 1, 2006
House Budget Moving Fast
The House Budget Committees are making decisions on the budget today and through the weekend. Coalition 2001's message to the House is to add more flexible funding for Mental Health/Developmental Disabilities/Substance Abuse Community Capacity!
For people with developmental disabilities along with the more money, advocates should specifically push for Flexible Developmental Disabilities funds, additional CAP dollars, Developmental Therapy service and Early Intervention funds. These items are all under consideration by the House at this time!
We need advocates to contact House Appropriations Committee Chairs and Subcommittee members encouraging their support for additional Mental Health/Developmental Disabilities/Substance Abuse funding!
Members are:
Appropriations Chairs
Representative Debbie Clary - 919-715-2002 Debbiec@ncleg.net
Representative Jim Crawford - 919-733-5824
Jimcr@ncleg.net
Representative Beverly Earle - 919-715-2530
Beverlye@ncleg.net
Representative Edd Nye - 919-733-5477
Eddn@ncleg.net
Representative W.C. Owens - 919-733-0010 Billo@ncleg.net
Representative Wilma Sherrill - 919-715-3026
Wilmas@ncleg.net
Subcommittee on Health and Human Services
Representative Jeff Barnhart, Co-chair -
919-715-2009 jeffba@ncleg.net
Representative Verla Insko, Co-chair - 919-733-7208 Verlai@ncleg.net
Subcommittee Members
Representative Jean Farmer-Butterfield - 919-733-5898
Jeanf@ncleg.net
Representative Mark Hollo - 919-715-3009
markho@ncleg.net
Representative Bernard Allen - 919-733-5772
Bernarda@ncleg.net
Representative William Current - 919-733-5809
billcu@ncleg.net
Representative Bob England - 919-733-5749
Bobe@ncleg.net
Representative Paul Stam - 919-733-5780
Pauls@ncleg.net
Representative Thomas Wright - 919-733-5754
Tomw@ncleg.net
Calls today, Friday and Monday are important! Because of the timing, the Coalition 2001 Rally is now at a critical time! If you want to make a difference, now is the time!!!
Please call our office is you have any questions at 919-782-4632 or 1-800-662-8706!
Representative Stam has been really strong on the Early Intervention Issues. Telling him thank you would be great.
Representative Farmer-Butterfield has been strong on Developmental Disabilities, CAP and Flexible Funds. A thank you to her is also appropriate.
Representative Insko has championed the Mental Health/Developmental Disabilities/Substance Abuse funds - She needs to be thanked and encouraged to support CAP and Flexible Developmental Disabilities funds.
COALITION 2001
2006 LEGISLATIVE ADVOCACY DAY
Tuesday, JUNE 6, 2006
"The Time is Now"
This year's Coalition 2001 Advocacy Rally Day is Tuesday, June 6th on the portico of the Legislative Building located at 16 E. Jones Street in Raleigh.
Coalition 2001 is a coalition of 45 statewide organizations advocating together to meet the needs of North Carolinians living with mental illness, developmental disabilities, and the disease of addiction.
Every summer when the North Carolina General Assembly is in session, the Coalition organizes a Legislative Rally Day when hundreds of people who are concerned about the lives of people with disabilities come to Raleigh to advocate for services and supports. This is a very important day because the lawmakers get a rare opportunity to hear directly from their constituents. In 2005, attendance at the Rally was over 800 people!
Registration for the rally will open at 8:00 am. You will receive an information packet and instructions at the registration table when you sign in.
The schedule for the Rally is below.
To get driving directions to downtown Raleigh please go to the General Assembly website at: www.ncga.state.nc.us/help/directioms.html
The General Assembly needs to hear your voice! Gather your friends and allies and make plans to attend!
If you have any questions, please feel free to contact our office at 1-800-662-8706 or email rterry@arcnc.org.
Legislative Rally Day Schedule for Tuesday June 6, 2006
8:00 am - Attendees register and receive information
8:30 am - Attend Appropriations Committee meetings
All morning - Visit with legislators in their offices
11:00 am - Popcorn on the portico
12:00 noon - Rally on Jones Street side of legislative building
Afternoon - Go to House and Senate galleries at start of session for introduction of Coalition 2001 members
The Senate has passed its budget in record time. The budget includes over 100 million dollars for MH/DD/SA. We have attached the report that outlines this funding (link below.) While we are certainly pleased with the amount included, we are obviously disappointed that the Senate did not include any flexible funding for people on the waiting list with developmental disabilities. The Senate did include 7 million dollars for early intervention which is the same as the recommendation of the Governor. The budget does not include any new funding for Special Education.
During the Senate floor debate, Senator Nesbitt introduced amendments to the budget bill that included many of the policy recommendations of the Legislative Oversight Committee. These recommendations are substantial. We have not had time to fully analyze all of these, but plan to have additional information for an alert on Tuesday.
We anticipate the House to move fast beginning next week. We will have available for you on Tuesday a specific advocacy strategy.
Please plan to attend the Coalition Rally on June 6th. This will be in the middle of the House efforts to craft their budget so the timing is great…but only if we have a large showing!!
The MH/DD/SAS Division has posted a new Questions and Answers Document related to transitioning from Community Based Services (CBS) to the CAP-MR/DD waiver.
The Senate intends to have preliminary budget proposals finished this week. It is critical that Senators know how important it is to fund services for Mental Health/Developmental Disabilities/Substance Abuse. Our goal is to have the Senate place at least 156 million dollars in new State funding in the Budget for Mental Health/Developmental Disabilities/Substance Abuse (this is the dollar figure recommend by the Legislative Oversight Committee on MH/DD/SA.)
Our message is to ask Senators to place their highest priority on MH/DD/SA Support - Coalition 2001 proposal. Specific issues for people with disabilities are:
Funds for Developmental Therapy
Funds for people waiting for service
Funds for First in Families
Funds for the Early Intervention Program
Tell them your story!!
Please contact your Senator by phone, e-mail or fax no later than Wednesday this week!! Legislator can be reached in Raleigh by dialing 1-919-733-4111 or by email through the North Carolina General Assembly website at www.ncga.state.nc.us.
If you have any questions, please contact The Arc office at 1-800-662-8706.
The 2006-2007 legislative session has begun with legislators pledging to have a budget by the end of the fiscal year. The Senate intends to have its budget passed by Memorial Day.
Governor's Budget
The Governor's budget is a great
first step for our important issues. He recommends:
Expand Community
Services $16,000,000
MH Trust
Fund $15,000,000
Funding for Information Technology
and $1,706,462
Equipment for new psychiatric hospital $20,000,000 - non-recurring
Operating funds for ADATC Renovations $5,191,815
Developmental Therapies for
DD $29,435,119
TOTAL $89,133,396
Additionally, the Governor's budget include 7 million dollars for Early Intervention, 700 thousand dollars for Assistive Technology and 800,000 dollars to assist with redesignation of the Governor's Advocacy Council for Persons with Disabilities (more on this at the end of the alert.)
Legislative Oversight
Committee
The Legislative Oversight
Committee on Mental Health/Developmental Disabilities/Substance Abuse met to
pass their final report. Their report includes:
State service dollars for Developmental
Therapies $29,435,119
State service dollars per capita for mental health $21,726,570
State service dollars per capita for sub. Abuse $21,726,570
Operating Cost Subsidy - 400
apartments $12,050,830
Housing Trust Fund - 400
apartments $11,250,000
HUD Homes and apartments
$713,000 $370,000
MH Trust Fund for community based
services $20,000,000
Hospital debt
service $6,206,680
Start-up funds for crisis
services $10,500,000
State service dollars per capita for crisis services
$9,000,000
Per Capita funding for psychiatrist access $9,000,000
Funding for AHEC/Rural Health Recruit psychiatrists
$1,000,000
Consultants $2,125,000
LME Board Member Training $20,000
TOTAL $100,027,939 $56,295,830
This again is a great start for our issues. The Arc of North Carolina and others will continue to work with members to shift the Legislative Oversight Committee proposal to allow for new per capita funding to be used for developmental disabilities also. Additionally, we will work to have funds for First in Families included in this proposal.
Medicaid
In the Governor's proposal, it is
clear that the additional CAP slots needed for the CBS transition are
included in the Medicaid Continuation Budget. We will have more information
on the CAP slots in next week's update and alerts.
Action
Both the Governor's and
Legislative Oversight Committee budgets are just recommendations at this
time. The Legislators must pass a budget including these items for them to
become law. On Monday we will issue an Action Alert with specific actions
that members of The Arc need to take.
Governor's Advocacy
Council for Persons with Disabilities
The inclusion of language and
funding to move the Governor's Advocacy Council for Persons with
Disabilities to a non-profit organization is a major step for people with
disabilities. The Arc and the entire advocacy community have advocated for
this for the past ten years. We have sent a letter to the Governor thanking
him for this action. We encourage each chapter and individual members to do
the same! This is a bold step that the Governor did not have to take!
"It is recommended that the Governor's Advocacy Council for Persons with Disabilities be shifted to a nongovernmental organization. Funds will cover the severance pay for the 26 employees that will be moved out of state government. Of the 26 employees, 6.28 positions are supported through appropriation, and the remainder are supported through federal funds, Appropriation - Non-recurring - $846,114." (Governor's proposed budget Page 91)
Coalition 2001
Advocacy Rally Day
The Coalition 2001 Advocacy Rally
Day is scheduled for Tuesday, June 6, 2006. Please encourage as many people
to attend as possible!
May 9,2006
Today the North Carolina General Assembly returns for its legislative short session. Additionally, the Governor will announce his budget priorities and unveil his budget adjustments for 2006-2007. To view the Governor's Budget
http://www.osbm.state.nc.us/files/pdf_files/2006-2007_adjustments.pdf
The Arc, along with other advocacy organizations, will work to add to the Governor's proposal and recommend specific targeted funding for our constituents.
Check back here often for important updates!
April 6,2006
The Division of MH/DD/SAS has posted a new Questions and Answers document related to CBS Transition.
March 14, 2006
The Division of MH/DD/SAS has posted a new Questions and Answers document related to CBS Transition. You can read all of the Division's Official Communications on the Official Announcements Page
The Arc of North Carolina's E-Alert Update
Amendment
March 14, 2006
We have received further information from the Division and would like to amend this morning's E-Alert.
Under the section CBS to CAP Transition #2
CBS to CAP Transition
CAP Transition -The Division reports that 1800 MR-2's have been submitted to them. They know many more are on the way. Two major items of note: 1) The Division of Medical Assistance has agreed that services can be provided from the date the MR-2 has been signed, not the date of approval by the Division. This should assure that anyone whose paperwork has been submitted to the LME by Friday can still receive services. *****2) Residential Supports must be provided by a licensed residential provider. During this transition period the primary outcome is that individuals not lose services. Therefore, DURING THIS EMERGENCY TIME ONLY, Home and Community Supports (HCS) may be provided in the residential setting by an enrolled CAP provider until the residential provider is enrolled to provide Residential Supports. The residential provider will have until 6/20/06 to enroll to provide the service. This allowance of HCS in a licensed residential setting is ONLY for this transition period.*****
E-Alert Update on Transition to New Service Definitions
March 14, 2006
As the deadline looms for transition to new service definitions on March 20th, the Department of Health and Human Services is continuing to update decisions. The following are the updates we have as of today.
Students with CAP in Schools
Though we do not have a formal answer, it appears that the Division will not change its policy for this issue. Students who receive CAP funding will not be allowed to use the new state-funded Developmental Therapy Service in schools. The Department of Public Instruction does have an emergency fund that can be utilized by Local Education Agencies to assist with this issue. It is called the Special State Reserve Funds (SSRF) and schools must apply. Unfortunately, many LEAs have not accessed this. We encourage any individual who is facing this situation to refer Local Education Agencies to request funding from the Department of Public Instruction. For more information and the application packet, schools can go to the Dept. of Public Instruction's EC website at: www.dpi.state.nc.us/ec/specialprograms/funding/ssrf .
Families should be advised that this is a limited source of funding that may not result in individual support assistants. One support person may be working with several children.
The Special State Reserve Funds (SSRF)
Purpose of Program: A reserve is established to use when all available state, federal and local resources have been exhausted. They are to be used for emergency situations, such as high-cost children or severely disabled children.
Program Changes: The Areas of Exceptionality Section reviews Special Reserve applications in their area of expertise
Children Served: These funds are made available to local education agencies and charter schools for high-cost children with disabilities ages 3-21 entering their system after all funds have been committed. Children with disabilities in state-operated programs and corrections do not receive these funds.
Application Process: The application for these funds is approved by the consultant in the disability category of the child in the application when possible. Agencies are notified of status of application and the amount of funds to be received is forwarded to Financial Services for allocation to LEA.
Amount of Funds Per Child: The amount per child is based on the services requested. Requests range from teacher personnel to educational supplies and equipment
CBS to CAP Transition
CAP Transition-The Division reports that 1800 MR-2's have been submitted to them. They know many more are on the way. Two major items of note: 1) The Division of Medical Assistance has agreed that services can be provided from the date the MR-2 has been signed, not the date of approval by the Division. This should assure that anyone whose paperwork has been submitted to the LME by Friday can still receive services. 2) The Division has agreed that for the Residential Habilitation Service, a provider who has not been endorsed for CAP but who was providing CBS can provide Residential Habilitation for 120 days without CAP endorsement. This should alleviate any problem with people in residential settings losing their placement due to a provider endorsed for CAP.***
Crisis Situations
The Division knows that despite everyone's best effort, there will be situations when people "fall through the cracks." They have expressed a commitment that services will continue for individuals regardless if the proper paperwork is in. We do not have details on this in writing but expect that by late Wednesday or Thursday.
We anticipate providing an update on Friday. If you have any questions, please call our office at 1-800-662-8706 or 919-782-4632.
****Important note: This E-alert was amended. Please read The Arc of North Carolina's E-Alert Update Amendment March 14, 2006 posted immediately above this E-Alert.
E-Alert Update on Community Based Services (CBS) Transition
March 2, 2006
The Arc of North Carolina has continued to be in close contact with The Division of Mental Health/Developmental Disabilities/Substance Abuse (MH/DD/SAS) on transition issues concerning people currently using CBS. Many of you have seen the updates as they have come from the Division. As of today, this is what we know of the progress toward transition on March 20th which is the date that CBS services will end.
To read all Division Communications mentioned in this E-Alert, you may visit the Official Announcements page at www.dhhs.state.nc.us/mhddsas/announce/index.htm.
If you have questions or concerns, please feel free to contact The Arc of North Carolina office at 1-800-662-8706.
March 2, 2006
The Division of MH/DD/SAS has posted templates for LMEs to use when informing people of the change in their services effective March 20, 2006. To read these communications, please visit the Official Announcements Page.
E-Alert Update on Developmental Therapies
February 27, 2006
On February 24, the Division published a memo titled Enhanced Services Implementation Update 5 which outlines the definition and use of the state-funded Developmental Therapy Service. You may also read the memo in its entirety on the MH/DD/SAS Division Announcements Page.
The highlights of the memo include:
February 27, 2006
The MH/DD/SAS Division has published a Q and A about transitioning people to the CAP-MR/DD Waiver.
February 22, 2006
The Division of MH/DD/SAS has posted Enhanced Services Implementation Update 4 which addresses transition services authorizations, services order and additional information about crosswalks.
February 21, 2006
The Division of MH/DD/SAS and the Division of Exceptional Children, NC Department of Public Instruction have published The Transition to Community Support Services for Children in Public Schools. This workbook offers guidelines on how to provide support to children in schools as they transition to the new mental health service called Community Support. Please note that this is a large PDF file of 122 pages.
February 16, 2006
The Division has posted new information on their website. One memo discusses the increased allocations to LMEs to address the financial impact of bringing eligible people who are currently using CBS onto the CAP-MR/DD Waiver. The other memo is the list of LMEs and the projected number of people who will be brought onto the waiver. These can also be read on the Division's Official Announcements Page.
February 14, 2006
The MH/DD/SAS has posted a document that answers questions about people transitioning from Community Based Services to the CAP-MR/DD Waiver. The CAP-DT Q and A 2.13.06 can be read here and also on the Division's Official Announcements Page.
February 14, 2006
The Arc of North Carolina's E-Alert Update on Transition Issues for People with Developmental Disabilities who are Currently Receiving Community Based Services
The Division of Mental Health/Developmental Disabilities/Substance Abuse Services (MH/DD/SAS) has published guidelines for people currently receiving Community Based Services (CBS) who will be transitioning to other services when CBS ends on March 20.
For people who will transition to Medicaid Personal Care Services (PCS), the Division has issued a communication that outlines when and for whom Personal Care Services should be used. You can read the document which is below this E-Alert. Medicaid PCS provides aide services in private residences to perform personal care tasks like bathing, dressing, toileting, and eating and also basic housekeeping and home management tasks that are secondary to the personal care tasks.
For people who are currently receiving CBS who will be transitioning to the CAP-MR/DD Waiver, the Division has posted information on the expedited process that will be used so that people do not lose service. The Expedited Process memo from Division Director, Mike Moseley is also posted below this E-Alert. The memo gives guidelines for Local Management Entities (LMEs) as they process the new waiver recipients' paperwork. The people currently receiving CBS that will transition to the waiver are people who are Medicaid eligible and who qualify for ICF-MR level of care.
Some of the requirements for bringing new people onto CAP have been waived. Initially, all people transitioning from CBS to the waiver will have an abbreviated Plan of Care that contains only those services that will must closely replace their current CBS services. This is to speed up the process so that people do not face a loss of service. After this critical transition time, a full person centered plan must be developed and submitted by July 20, 2006.
Additionally, the Division has stated that psychological assessments and evaluations addressing the person's cognitive and adaptive functioning necessary for determining level of care may be older than what policy currently allows. This is a temporary measure to allow for the transition of so many people. As of July 20, all people brought onto the waiver must have current evaluations and the original policy will be back in place which states that evaluations must be done within one year for a child and three years for an adult.
To address the people who are currently using CBS and who will be transitioning to the state funded Developmental Therapy service we are still waiting for details. The Division is working on guidelines for the service and we will get them out to you when they become available.
The Arc of NC is advocating that the Developmental Therapy Service be allowed to be used in schools for people who are currently using CBS in schools through the end of this school year.
We believe that the Division is leaning toward this option but they are still working on the issue. To read all of the Division's Communications you can visit the MH/DD/SAS Announcement page at: http://www.dhhs.state.nc.us/mhddsas/announce/index.htm
As always, feel free to call The Arc of NC at 1-800-662-8706.
February 6, 2006
The MH/DD/SAS has posted a document that explains Medicaid Personal Care Services (PCS) . Some people currently receiving Community Based Services may transition to PCS if this service will meet their needs. The PCS Talking Points 2.03 can also be found on the Official Announcements Page.
The MH/DD/SAS Division has posted the Expedited Process for ICF-MR Level of Care Determination for people currently receiving Community Based Services who will be transitioning to the CAP Waiver. To read the memo please visit the Division Official Announcements Page
February 6, 2006
Update on Developmental Therapy in Schools
The decision on whether to allow the use of the State funded service, Developmental Therapy in schools has not yet been made. The Division is working internally to develop guidelines on the use of the new State funded service.
February 3, 2006
Update to Strategies for CBS Transition
In our earlier E-Alert today, we stated that the State funded service call Developmental Therapy will be available to be used for some children who are currently using CBS in schools. The Arc of North Carolina has heard that the Division of MH/DD/SAS stated on a conference call this morning that Developmental Therapy could not be used in schools.
The Arc of North Carolina is waiting on a return telephone call from the Division to determine if in fact, this is what the Division intends.
The Arc of North Carolina will advocate strongly that the State funded service, Developmental Therapy be made available for use in school on a limited basis. This would be for the children who do not transition to the CAP Waiver or the MH service of Community Supports.
February 3, 2006
E-Alert Advocacy Strategies for Transitioning from CBS to New Services
During the next six weeks, the Mental Health/Developmental Disabilities/Substance Abuse System will be greatly challenged in its attempt to crosswalk individuals with developmental disabilities from Community Based Services (CBS) to the new service for which they are eligible. These changes will happen at the same time as the massive implementation of the new Mental Health and Substance Abuse definitions. Needless to say, there is great potential for chaos during this transition. Though we do not have as much specific information as we would like, we do feel it appropriate to offer the following as guidance in your advocacy efforts for individuals. The Division memo detailing the transition plan is available below this alert or on the MH/DD/SAS Division's Announcement page at www.dhhs.state.nc.us/mhddsas/announce/. The memo is titled Enhanced Services Implementation Update 2.
Our first recommendation is that all individuals who currently are receiving CBS services immediately contact their case manager to begin the process of this crosswalk. If they are unable to reach their case manager, contact the LME and ask for a timeline for this transition. Since the timeline is so short, it is important that families and consumers not wait.
CAP Waiver services will be available for those who are eligible. To be eligible, a person must need the level of care provided by an Intermediate Care Facility (ICF-MR). We encourage families who are reasonably sure their family members are eligible; to immediately contact their case manager to begin the process to determine eligibility. For those individuals who may be eligible, but families are not sure, we suggest aggressive efforts to push case managers to gather information and if reasonable, submit to the State for determination. Though the assessment and eligibility requirements are standard, there is, of course, a degree of subjectivity to this determination. It is worth the effort to try if there is any question.
If the individual is not eligible for CAP, it is important that families and consumers understand their options. The three possible services available are very different and will result in services that are different in scope and intensity.
The three services are:
Community Supports - This is a Mental Health service that is quite comprehensive in nature. This service will be appropriate for some, but it will only meet the Mental Health and support needs, not habilitative needs. Individuals should be cautious not to be placed in this service just because they are eligible. Though this service is comprehensive, it is also limited in the number of hours that are available.
Medicaid Personal Care Services (PCS) - This service may be appropriate to meet the entire needs of some individuals and partial needs of others. Individuals must be very cautious on what can be achieved with Medicaid PCS. This service is not habilitative and is only care oriented. The rate is significantly lower than the CBS rate and most agencies that provide CBS will not provide this service. We believe that for most individuals who received CBS, Medicaid PCS will have to be used in conjunction with the new Developmental Therapy service to meet their needs.
Developmental Therapy (State funded) - This is, of course, the service that will most closely align with CBS as it is currently being used today. Though it is tempting to move everyone not eligible for CAP to this service, it is important to realize that this is a service that will be cost managed very closely (this is due to the funding being all State funds). Individuals receiving this service may receive the same number of hours of CBS, but it is very likely the State utilization criteria will require many people to have less hours.
With all of these options, it is important that individuals understand how CBS worked in conjunction with other funding streams to allow for continued placement in a residential or employment setting. There will be cases where, due to restriction of a service definition or funding level, placement could be lost if accommodations are not made. This is why it is critical for not only the case manager and family to participate in the discussions but also the provider.
For children receiving CBS in school, the options are more limited and solutions more complicated. CAP cannot be used in schools! Community Supports and Developmental Therapy can be, but they cannot be used in conjunction with CAP. Medicaid PCS is not available in schools.
For those students currently using CBS in schools but who are moving to CAP, we are advocating with DHHS and The Department of Public Instruction (DPI) to find appropriate solutions for when CBS is no longer available for those students (see memo below this alert from Mary Watson, DPI) We are also advocating for students using CBS who will transition to other services which may not have the same scope and intensity as the CBS service currently being used. We will keep you informed of all updates on the DPI issue.
We hope these recommendations are helpful. Of course, there will be difficult situations that take place. We encourage you to work with families, consumers, providers and LMEs to work through these issues.
We ask that you keep us informed of these issues as they occur. Our staff is available to assist you in thinking about solutions to specific issues. We will continue to advocate with State agencies and the General Assembly to assure the best possible outcome.
Click here to read a memo from Mary Watson DPI about CBS in schools
Click here to read Enhanced Service Implementation Update 2
As always feel free to call our office with any questions at 1-800-662-8706
February 2, 2006
The Division of MH/DD/SAS has posted a memo that outlines the transition to other services for people with developmental disabilities currently receiving CBS Services.
Click here to read Enhanced Service Implementation Update 2
January 27, 2006
LOC Meeting Update
The Legislative Oversight Committee (LOC) on MH/DD/SA met yesterday. It was a productive and informative session. The morning agenda focused on an overview of community services for people with developmental disabilities. Specifically, CBS and services necessary to replace CBS were discussed. The committee room was packed with consumers, family members, advocates, and providers. In fact, there were so many citizens attending, that an overflow room was opened and the proceedings piped in! Thanks to all of you who took the time to come to Raleigh. You made quite an impression!
As you know, The Arc of North Carolina has been actively advocating for seamless replacement of supports for all people using CBS. We were encouraged by the Division of MH/DD/SA's plan designed to keep people who currently receive CBS from losing supports. We think these replacement supports can be put in place and available through the end of the fiscal year (June 30, 2006).
At the meeting, Leza Wainwright, Deputy Director of the Division, presented a comprehensive overview of community services (Medicaid and non-Medicaid) available for people with developmental disabilities. She reviewed, for the LOC members: eligibility for ICF/MR, federal guidelines for the CAP MR/DD waiver, and described the CBS/Developmental Therapy dilemma that could leave thousands of people without services. The plan is basically the one outlined in our January 25 Action Alert:
The Division believes that these four categories will capture almost everyone with DD currently receiving CBS. The exception is an estimated 410 children with DD who are receiving CBS in school. Diann Irwin, Section Chief at the NC Department of Instruction addressed the LOC. She distributed, to the LOC, a letter from Mary Watson, Director of the Exceptional Children's Division to all EC directors across the state. The letter informs them of the upcoming loss of CBS for many students and advises them to call together IEP teams and make plans to be sure that supports and services are in place when a CBS worker is no longer available on March 20. The Division of MH/DD/SA and DPI will be meeting to discuss this issue.
Consumer, provider, family, and advocate experiences with community services were presented. This group of people did a fabulous job sharing, from their own perspectives, how reform of the MH/DD/SA affects people with DD, and what the state and LMEs can do to improve the system.
Things are moving forward. We will have much more to report in the coming weeks.
January 25, 2006
E-Alert Update on Plan for Providing Services to People Currently Receiving Community Based Services (CBS)
Below is the latest information we have concerning the Developmental Therapy/CBS issue. We are pleased with the progress from the State to ensure people do not lose services but know that we must continue to advocate for proper implementation and for supporting the children who currently use CBS in schools.
The Arc will take an active advocacy role on this issue. Additionally we will continue to inform and advocate with the General Assembly about the need for services for those people who are waiting for service. We will send an additional alert following tomorrow’s Legislative Oversight Committee (LOC) meeting informing you of any new developments and any additional advocacy needed.
If you are planning to attend the Legislative Oversight Committee (LOC) meeting on Thursday, January 26 (we still believe it important) the meeting has been moved to room 643 of the Legislative Office building, it will begin at 9:30 am. Since we expect a large crowd it would be good to arrive early! Please feel free to call The Arc of NC's office if you have any questions. 1-800-662-8706
CBS/Developmental Therapy Plan to be Unveiled
The Department of Health and Human Services plans to present their detailed plan on how to deal with the lack of a federally funded Developmental Therapy definition to the Legislative Oversight Committee on MH/DD/SA tomorrow. The Department’s plan will be consistent with the information they have been sharing for the past few weeks.
The Division is finalizing its instructions to Local Programs (LME's) on how this transition will take place. They intend to have those instructions out no later than the first of next week. We understand they are working on strategies to streamline the process. Even so, they know that it will require an extraordinary effort by the Division Staff, the LME staff, and provider agency staff to create this transition by March 20th. The Division has set in place internal mechanisms to monitor progress and make adjustments to their plans.
We believe this plan is the best option available considering the circumstances. One area that is not yet finalized is the question of providing support services to children currently using CBS in schools. The CAP-MR/DD waiver does not allow for any CAP service to be provided in school although CBS is currently being used in that way for some children. The Department is in discussions with Department of Public Instruction (DPI) on how best to resolve this issue but it will most likely require advocacy from the DD community to assure that these children continue to receive the support they need.
The proposed solution, once implemented, should meet The Arc's goal that no one currently using CBS lose services. (Obviously the school children issue needs to be addressed)
The Department has committed to fund the additional expense out of their existing budget, without reducing services for other disability populations, for this fiscal year and they have plans to include increases for next year in their continuation and expansion budget plans. We applaud their commitment and the efforts to date to solve this problem.
Of course we want to see the details on implementation and monitor these efforts closely to assure that we truly do meet the goals of no one losing service. We will continue to forward all information received and provide additional analysis as we move forward. We expect a large number of people at the LOC meeting on January 26 which we believe will help impress upon the Legislature and the administration the critical nature of assuring a smooth and complete transition.
January 19, 2006
E-Alert Update on Community Based Services (CBS)
According to the Division of MH/DD/SA the Department plans to unveil a plan early next week that will allow for all individuals with developmental disabilities currently receiving CBS to continue receiving service after the new service definitions are implemented on March 20th. Though we do not have details of the plan we understand it involves a combination of CAP-MR/DD, utilizing the new Community Supports definition for those who are eligible and the use of a newly created state funded service for individuals who are not eligible for the Medicaid funded services.
The division plans to send instruction to LME's next week with the anticipation that Case Managers will begin immediately working with individuals to transition them into these new options. We believe that by mid-week, prior to the LOC meeting we will be able to share with everyone the details of this plan.
The update is consistent with what we have been told was the direction the Department was trying to take. Of course until we see details we are unable to evaluate the plan. Advocates, consumers and family members should continue to be prepared for advocacy efforts once the pan is unveiled.
We still encourage individuals to attend the Legislative Oversight committee meeting scheduled for 9:30am on January 26th. As you can see by the agenda below, developmental disabilities will be an important part of the discussion. Though there will not be a public comment period the opportunity to talk to legislators during the breaks and having a packed room will be very beneficial to our positions.
If you have any questions please feel free to contact our office. 1-800-662-8706
JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON
MENTAL HEALTH, DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE SERVICES
AGENDA
January 26, 2006, 9:30 AM, Room 643 LOB
Rep. Verla Insko, Co-Chair, Presiding
Greetings/Introductions 9:30 a.m.-9:45
Senator Martin Nesbitt, Co-Chair
Representative Verla Insko, Co-Chair
Approval of Minutes
Developing Service Capacity (Enhanced Benefits)
Community-Based Services for the Developmentally Disabled Population
Introduction 9:45 a.m.- 10:45
Leza Wainwright, Deputy Director, Division of MH/DD/SAS
CBS for DD Population 10:45 a.m.- 11:15
Division Update on Replacement of Services
Leza Wainwright, Deputy Director, Division of MH/DD/SAS
DD Consortium Comments
Dave Richard, Executive Director, The Arc of North Carolina
Consumer, Provider, Family and Advocates' 11:15 a.m.-12:15
Experiences with Community-Based Services
Jill Hinton Keel, Executive Director, The Autism Society of NC
Kathy Bryan, Executive Director, Orange Enterprises, Hillsborough
Laura Gorycki, Advocate for individuals and families, The Enrichment Center, Winston-Salem
Jim Woolsey, Family member, Charlotte
Rose Reeves, Consumer, Raleigh
Lunch 12:15 p.m.-1:15
Division of MH/DD/SAS Updates 1:15 p.m.-2:15
Mike Moseley, Director, Division of MH/DD/SAS
CMS Approval of Service Definitions for MH and SA Services
Implementation of Secretary's Proposal for Increased LME Efficiency
Developing Management Capacity 2:15p.m.-3:15
State and Federal Funds: Requirements on Use of Non-Medicaid funds
Lisa Hollowell, Fiscal Research Division
Division Action Plan to Assist Providers 3:15-3:30
Mike Moseley, Director, Division of MH/DD/SAS
Other Business
Adjourn
January 11, 2006
E-Alert Update on Community Based Services (CBS)
The Arc of North Carolina received a call today from a family who was sent a letter from their Case Manager and Local Program stating that their daughter's CBS services will end.
The letter below from the Division Director, Mike Moseley was sent to the Area Directors of Local Management Entities/Area programs yesterday. Mr. Moseley is asking that the Local Programs wait to notify people currently receiving CBS services that their services are ending until a plan is developed that outlines how people who need CBS will be served.
As stated in our January 10, 2006 E-Alert, The Arc will be in regular contact with the Division of MH/DD/SA during the next 10 days monitoring their progress on an appropriate plan.
As always, if you have questions please call The Arc of North Carolina at 1-800-662-8706
Below is the letter that Mike Moseley sent to local programs
Dear Area Directors:
We know that the CMS decision to require the elimination of CBS for persons with developmental disabilities from the State Medicaid Plan and their refusal to approve Developmental Therapy as a replacement service has consumers, family members, providers and LME staff understandably concerned.
We have heard that some case managers or LMEs may already be notifying consumers and families that their service will end. We are asking you to please ensure that this does not happen at this time.
The Department is committed to identifying alternative services for these individuals. We have analyzed the data that you submitted and are actively involved in developing alternative strategies. We ask that you and your providers hold off on modifying consumer’s€™ treatment plans, notifying consumers that the service will end, modifying contracts with providers, etc. for the next two weeks. By that time it is our intent to have solutions and strategies in place to address these concerns. The Department also plans to provide you with standardized language to be used to notify consumers of this change so each LME and provider will not have to reinvent the wheel €¯ (We also plan to provide you with standardized language to be used for the other notices that will be required with the implementation of the new service definitions.)
We appreciate your cooperation as we work through the issues that this unfortunate federal decision has created for the consumers and families we serve.
Mike Moseley
January 10, 2006
Action Alert Community Based Service/Developmental Therapy
In December, the Department of Health and Human Services and the Division of Mental Health/Developmental Disability/Substance Abuse Services (MH/DD/SAS) announced that the Developmental Therapy Definition intended to replace the Community Based Service (CBS) Medicaid service has been turned down by the Federal Government. This means that for some individuals currently receiving CBS there will be no Medicaid State Plan alternative service once North Carolina’s new rehabilitation option Medicaid plan is implemented.
Please find below, a set of principles adopted by the Developmental Disability Community concerning the CBS/Developmental Therapy issue. These principles have been conveyed to the Department of Health and Human Services and the Division of MH/DD/SAS. The intent of these principles is to provide policy makers a guide for their plans as well as a benchmark for us to measure the success of their plans.
On Friday we received a call from an official with the Department of Health and Human Services. Additionally, the Coalition 2001 chairman has had contact with the Governor’s office in which a similar message was delivered. We were told that the Department has made solving this issue its top priority. They informed us that they believe they can find a solution for the problem and that most of the actions could be taken within the Department without legislative action. Initial planning includes a solution for the vast majority of people currently receiving services. They are committed to and working on a solution that will provide for the remainder.
In the conversation the Department asked if we would delay an all out grass roots advocacy effort for a week to ten days in order for them to finalize their plans and present them to the Developmental Disability community. This request was not made to minimize our advocacy efforts, but rather to give the department staff time to finish their work prior to being inundated with calls. After meeting with other statewide organizations concerned with Developmental Disabilities, we have agreed to postpone an organized grassroots advocacy campaign.
Postponing this effort does not mean that we will not need to have a grassroots advocacy effort, only that we may change the timing and scope. We still encourage members to attend the January 26th Legislative Oversight Committee meeting in Raleigh at 9:00 am in room 544.
Of course we will be in regular contact with the Division of MH/DD/SA during the next 10 days monitoring their progress on an appropriate plan. We will keep you informed through Action Alerts on new developments and what action that will be needed.
Though this development is by no means a guarantee of a solution that meets our expectations, we do feel it is a positive sign that the administration sees this as an important priority.
As always if you have questions or need additional information please contact The Arc of NC at 1-800-662-8706
Principles on Replacement of Proposed Developmental Therapies for Persons Currently Receiving Medicaid Community Based Services (CBS)
No individual currently served should have services eliminated, or reduced in duration, scope intensity or quality.
NC must create a state funded service to replace CBS through the end of the fiscal year in order to assure a smooth transition to new services.
Transition to new services to replace CBS should be seamless with no disruption to the individual’s life.
The use of the CAP/MR/DD waiver to serve people currently on CBS should not further restrict the availability for those currently waiting for waiver services.
Any plan must include methodologies to provide service to those individuals currently not in service but who would have been eligible for the proposed Developmental Therapies service.
Children who receive CBS in school settings must not be abandoned. Any plan that shifts this service to DPI without corresponding funding is unacceptable.
North Carolina must be willing to provide additional state funds in order to serve those who may not be eligible for federal funding.
The state must have a state level tracking system in order to assure that all individuals are Successfully transitioned.
Individuals losing the CBS service must be adequately informed of their appeal rights under Medicaid law.
January 5, 2006
To: Chapters of The Arc of NC, Board Members
We have developed an advocacy strategy for our efforts to assure that a viable solution is found for people with developmental disabilities. Our intention is to begin an e-mail and phone campaign with the Governors office and the General Assembly. Next Tuesday you will receive an alert that will give specific instructions for the message and who to contact. That alert will also go through The Arc e-alert system and we believe many other organizations. Our goal is to have legislators and the administration understand that this issue must be addressed now!
With the announcement that the service definitions have been approved and that there is a goal of a March implementation date our advocacy must be strong and quick. We believe that the Legislative oversight Committee meeting scheduled for January 26th will be an important event in this advocacy. We encourage you to attend and bring families and consumers who are affected by this issue. With the alert on Tuesday we will have more information on how that meeting will flow.
Thank you for your efforts.
Please call me if you have any questions prior to next week.
Dave
December 20, 2005
To: Chapters of The Arc of NC, Board Members
Action Plan on Developmental Therapy Definition
The division of Mental Health/Developmental Disabilities/Substance Abuse has announced that the Developmental Therapy Definition intended to replace the Community Based Service (CBS) Medicaid service has been turned down by the Federal Government. This means that for individuals currently receiving CBS there will be no Medicaid State Plan alternative service when NC’s new rehabilitation option Medicaid plan is approved. Members should be cautioned that this does not necessarily mean that those individuals receiving CBS will lose service. The State has indicated they are working on options that will allow for those individuals to continue receiving service through other funding streams. (The Arc has been involved in numerous discussions with state officials about potential options.)
It is estimated that nearly 6,000 people with developmental disabilities receive this Medicaid service in NC. CBS is critical for these individuals and our position is that every person currently in service must continue to receive service at least comparable to what they receive now. Additionally the state must have a plan to serve those people who would have been able to receive the developmental therapies service if it had been approved.
We intend to work with state agency personnel to develop a plan to serve these individuals. We have also been clear that we will begin to work on an advocacy strategy with the administration and the General Assembly.
The Arc, along with other agencies, is preparing for a grassroots advocacy campaign designed to send a strong message to legislators and the administration of the critical nature of this issue. Beginning in early January, we will issue alerts to members through our E-Alert system with specific legislative and administration targets. These alerts will include a focused message for those individuals as well as personal stories about how CBS has served people with developmental disabilities.
Our goal is to assure that the administration and the legislature commit to a seamless solution to this problem.
Members of The Arc who are affected by this issue should sign up for the E-Alert network by clicking on our web page at www.arcnc.org and sign up for Action Alerts. Others who are not members or who are not personally affected should also sign up if they are willing to e-mail and call public officials.
Additionally, members who can, should plan to attend the January 26th Legislative Oversight Committee on Mental Health/Developmental Disabilities/Substance Abuse at the Legislative Building at 9:00 a.m. This meeting will have a heavy concentration on developmental disabilities and the Developmental Therapy issue will be a major part of the agenda. A large turnout will send a strong message.
The first alert on this issue will be e-mailed on January 5th, so please sign up as soon as possible. For questions, please feel free to contact The Arc of North Carolina office at 800-662-8706 or e-mail Dave Richard, drichard@arcnc.org or Ellen Russell, erussell@arcnc.org.
