Governor Releases New Plan to Impose Statewide Limits On Community Based Funding for Developmental Services That Could Mean Reversal of Lanterman Act; Parental "Share of Cost" Plan Not Available Yet As Advocates Gear Up For Major Protests For April Budget Hearings

SACRAMENTO -  Pushing forward a controversial proposal by Governor Arnold Schwarzenegger, the Department of Developmental Services (DDS) released today a new draft plan to impose certain statewide standards that advocates say would have the impact of placing dramatic limitations on funding and services for children and adults with developmental disabilities in every part of the state and rollback the historic Lanterman Developmental Disabilities Services Act.  Another controversial proposal by the Governor - a parental or family "share of cost" implementation plan to require families with a children age 3-17 with developmental disabilities to pay a portion of the cost of their regional center services was required by statute to be released today to the Legislature, but apparently is still being held in the Health and Human Services Agency.  It is not known as of this writing when the proposed plan, under fire by advocates as a "tax on families with developmental disabilities" will be released to the general public.  The Schwarzenegger Administration counters that both proposals are reasonable and a needed response to contain costs.

Many advocates see the proposal  to impose statewide limitations on community-based services and a family share of cost plan as a "backdoor attempt to undo the civil rights of people with developmental disabilities" and vow to fight both proposals.
Coinciding with the release of the Governor's plan today was a 10 block march for disability rights in downtown Sacramento of over 250 people with disabilities, family members, community groups protesting the wide range of cuts to people with disabilities [see CDCAN Capitol News Report #46-2004 for details], including massive cuts to in-home services for people with disabilities and seniors.  The California Disability Community Action Network along with many other groups and organizations is planning a series of major protests, marches and rallies to coincide with the four major budget hearings scheduled in mid-April, with a kick-off rally set for April 19th at the Crest Theater in downtown Sacramento.  Thousands of people are expected to participate in one or all events across the state.  A rally to raise awareness for autism is set at the Capitol on April 17.

The Department of Developmental Services also released proposed legislative language to give the department authority to enforce the proposed statewide standards plan.  Both the plan the proposed legislative language are available from the Department of Developmental Services website at:  http://www.dds.cahwnet.gov/0405proposals/Proposals_Home.cfm
and also the California Disability Community Action Network website at www.cdcan.org.

The two proposals are part of the Governor's larger efforts to contain costs in spending for services for people with disabilities in general - and developmental services in particular,  that include a $110 million funding reduction for community-based services, and also cuts to a wide range of other services and supports critical to people with disabilities including in-home services, Medi-Cal, SSI/SSP, accessible transportation and housing, mental health services, and cuts to education that will could mean cuts to special education and adult education programs that serve people with disabilities.

Some key points:
[Note: A more detailed analysis will be released in tomorrow's CDCAN Capitol News Report]
* Fair Hearings - The legislative language appears to still eliminate fair hearings for persons with developmental disabilities who are denied services.  There still appears to be a contradiction in the proposed legislative language that allows fair hearings services or supports have been "denied, modified, reduced or terminated" in Section I - but then takes that away in Section  J, except for situations required under the federal Individuals with Disabilities Education Act (IDEA).   Section J says that "no activities or items denied or terminated pursuant to the prohibitions in the regulations promulgated pursuant to this section shall be subject to a fair hearing as described in Chapter 7, Section 4700 et seq.", though regional centers would still be required to provide notice to the person being denied services (or their authorized representative).
* Broad Authority To Reduce or Cut Services - the legislative language still gives the State authority to "establish limits on the type, scope, amount, duration, location, and intensity of services and supports purchased by regional centers and their families." and to "prohibit the purchase of specified activities or items".  Advocates claim that this provision gives the State a "blank check" to cut or reduce any services without any further legislative approval.

NEXT STEPS
* Assembly Budget Committee Special Meeting - A special panel of the Assembly Budget Committee, chaired by Assemblymember Darrell Steinberg (D-Sacramento) will hold its second meeting (not a hearing) on budget oversight issues related to regional center services on April 15, Thursday, upon adjournment of the Assembly floor session.  The panel, which will not vote on any issue, will pass on information and recommendations to the Assembly Budget Subcommittee #1 on Health and Human Services.  The April 15th meeting is expected to follow-up on detailed discussions on the Governor's proposals to impose statewide standards for community-based services, family share of cost plan, and also regional center director salaries and operations.
* Senate Budget Subcommittee #3 on Health, Human Services, Labor and Veterans   will consider these issues on April 19, 1:30 PM.  A protest rally and march is planned to bring hundreds of people to the hearing.
* Assembly Budget Subcommittee #1 on Health and Human Services will consider these issues on April 26 at 4 PM.  Another rally is planned to bring hundreds to this hearing.
* In addition both the Senate and Assembly budget subcommittees will hold hearings on In-Home Supportive Services (IHSS).  The Senate will hold their hearing on April 22, Thursday morning (meeting time is upon adjournment of the full Senate floor session - possibly 9:30 AM or even earlier or even later) and will also hear proposals impacting SSI/SSP.  The Assembly is scheduled to hear the IHSS budget issues - and also budget items impacting the Department of Aging, on April 28 at 1:30 PM.   Rallies and marches are planned for both hearings.
* The Governor's proposals require approval of the budget subcommittees, then the full budget committees - and the 2/3rds approval on the floor of both houses
 

DRAFT LEGISLATIVE LANGUAGE TO IMPLEMENT THE PROPOSED "PURCHASE OF SERVICE STANDARDS" OR "STANDARDS TO LIMIT COMMUNITY-BASED FUNDING AND SERVICES"
As released by the Department of Developmental Services - 4/1/04 Version)
SEC. 4. Section 4791 is added to the Welfare and Institutions Code, to read:
a) To provide more uniformity and consistency in the services, funding, and administrative practices of regional centers throughout the state, and to increase cost effectiveness and maintain budget growth within sustainable levels, the Director
shall adopt regulations prescribing standards for regional centers and planning teams to use when determining the type and amount of services and supports to be purchased by regional centers for consumers and their families.
b) Any subsequent amendment(s) to the initial regulations promulgated pursuant to this section shall be transmitted to the appropriate policy committees of the Legislature for review at least 30 days prior to adoption by the director.
c) Regulations promulgated pursuant to this section shall be deemed an emergency necessary for the immediate preservation of the public peace, health, and safety, or general welfare for purposes of subdivision (b) of Section 11346.1 of the
Government Code.
d) Regulations promulgated pursuant to this section shall include a process whereby the regional center may grant individual exceptions.
e) Regulations promulgated pursuant to this section shall apply at the time of development, scheduled review, or modification of a consumer’s individual program plan developed pursuant to sections 4646 and 4646.5 of the Welfare and Institutions
Code, or to an individualized family service plan pursuant to section 95020 of the Government Code, except for activities and items that are prohibited in those regulations, which shall apply the effective date of the regulations.
f) Regulations promulgated pursuant to this section shall require the regional center to take into account, when identifying the consumer’s service needs, the family’s responsibility for providing similar services to a child without disabilities.
g) Regulations promulgated pursuant to this section may:
1) establish limits on the type, scope, amount, duration, location, and intensity of services and supports purchased by regional centers for consumers and their families.
2) prohibit the purchase of specified activities or items.
h) Regulations promulgated pursuant to this section shall not:
1) endanger a consumer’s health or safety.
2) lead to a consumer’s placement into a more restrictive living arrangement than the consumer’s current living arrangement.
i) A consumer whose services or supports have been denied, modified, reduced or terminated pursuant to this section or the regulations promulgated pursuant to this section shall have a right to a fair hearing as described in Chapter 7, section 4700 et
seq., and the regional center shall provide notice pursuant to Chapter 7, section 4700 et seq.
j) Unless required by the Individuals with Disabilities Education Act, no activities or items denied or terminated pursuant to the prohibitions in the regulations promulgated pursuant to this section shall be subject to a fair hearing as described
in Chapter 7, section 4700 et seq. However, the regional center shall provide notice to the consumer, or to the consumer’s authorized representative, consistent with the requirements in Chapter 7, section 4700, subsections (a) through (d).
k) This section, and the regulations promulgated hereunder, shall become inoperative on July 1, 2007, and, as of January 1, 2008, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2008, deletes or extends the
dates on which it becomes inoperative and is repealed.

SEC. 5. Section 4434, subd. (d) of the Welfare and Institutions Code is amended to read:
d) As part of its responsibility to monitor regional centers, the department shall collect and review printed materials issued by the regional centers, including, but not limited to, [delete: purchase of service policies and other] policies and guidelines utilized by regional centers when determining the services needs of a consumer, instructions and training materials for regional center staff, board meeting agendas and minutes, and general policy and notifications provided to all providers and consumers and families. [Delete: Within a reasonable period of time, the department shall review new or amended purchase-of-service policies prior to implementation by the regional center to ensure compliance with statute and regulation.] The department shall take appropriate and necessary steps to prevent regional centers from utilizing a policy or guideline that violates any provision of Division 4.5 (commencing with Section 4500) or any regulation adopted thereunder.

URGENT - CONTRIBUTIONS NEEDED TO CONTINUE EFFORT
VERY VERY URGENT!!!! As  of 4/1/04, many many, thanks again,  to the friends, people with disabilities and their families, community organizations and others who have sent in generous and needed contributions and donations (individual thank you letters will be coming soon, due to workload have been delayed!). However, until grant funding is finalized, contributions from people and organizations is still very urgently needed to keep the advocacy efforts going for the next several months. Please make check or money order  to:  California Disability Community Action Network  (or abbreviate CDCAN). CDCAN is not yet a non-profit organization (work on this will have this happen in within the next few months) Send contributions to: California Disability Community Action Network,  1225 8th Street Suite #480, Sacramento, CA  95814.  A method to contribute by credit card (through Paypal) is being set up on our website, at www.cdcan.org.

FOR MORE INFORMATION ABOUT THE CDCAN CAPITOL NEWS REPORTS
* This is a news report of the non-partisan California Disability Community Action Network, a link to thousands of Californians with developmental and other disabilities, their families, community organizations and providers, direct care and other workers, and other advocates. These reports (formerly the CA UCP Capitol Reports) is for all of them.  These reports goes to thousands of people with developmental and other disabilities, their families, community providers and organizations, direct care and other workers and advocates across California. In addition it also goes to news organizations, state and local government officials and staff.
* If you would like to get on this distribution (and conversely, get off of it) please send an email with that  request to:  martyomoto@rcip.com. Sharing information is part of our organizing effort. Please feel free to forward or copy  this (attribution is nice). We're all in this together!
Marty Omoto, director/organizer
California Disability Community Action Network
1225 8th Street Suite 480 Sacramento, CA 95814   VOICE PHONE: 916/446-0013
FAX number: 916/446-0026        email: martyomoto@rcip.com
INFO HOTLINE TOLL FREE NUMBER: 1-877-260-0267 (cannot leave messages)
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