CDCAN
CALIFORNIA DISABILITY
COMMUNITY ACTION NETWORK
DISABILITY RIGHTS
NEWS REPORT
#036-2006 April 9,
2006
Advocacy Without Borders:
Connecting people with disabilities & seniors to rights and unified
action
1225 8th
Street Suite 480 - Sacramento, CA 95814 916/446-0013 Fax:
916/446-0026
Marty Omoto - director email: martyomoto@rcip.com
website: www.cdcan.us
California State Budget
* Senate Budget
Subcommittee Takes Action On Regional Center Issues
* Agnews Developmental
Center Closure Delayed Until June 2008
* Rejects Gov's Proposal For New Cuts
to Regional Center Funded Services
* Okays Governor's Proposed 3% Increase
for Some Programs
* Hears Update on Delay of State Computer System & Loss
of Federal Funds
* Approves Continuing Nearly All On-going Freezes and
Reductions
SACRAMENTO - The Senate Budget Subcommittee #3 on Health
and Human Services, chaired by Sen. Denise Ducheny (D-San Diego), took action as
expected on several budget issues impacting regional centers and developmental
centers that impact over 200,000 children and adults with developmental
disabilities in California in a hearing held on April 3, Monday at the State
Capitol.
[Note: this CDCAN report was delayed due to logistic and
technical problems] . There was no surprise in any of the actions
taken by the Senate Budget Subcommittee during the nearly 4 hour hearing that
was packed with every seat in the audience taken by advocates, people with
disabilities, family members and workers.
The subcommittee
raised
concerns regarding another delay of the long awaited statewide computer system,
first proposed under the Davis Administration in 2002, that was supposed to
operational by June 2004. The implementation date was subsequently pushed back
to December 2004, and then to May 2006, with Schwarzenegger Administration
officials uncertain at this point when - or if - the system will ever come
up. The subcommittee was told that the continued delay will mean
that the State will lose over $50 million in matching federal funds over the
next two budget years and delays of the startup of new programs such as Self
Directed Services.
Major action taken was
* Regional
Center Contract Language: Rejected by a vote of 2-1 (Sen. Dave Cox
opposing) the entire proposal by the Governor to include new contract
language with the regional centers that would have reduced funding for the
regional center budget that funds community-based services (also known as
"purchase of services" or "POS") by $14.3 million in 2006-2007, and $28.6
million in 2007-2008 and another $42.9 million in 2008-2009 or a total of $85.8
million (both federal and state funds) for those three budget years.
*
Closure of Agnews Developmental Center: As expected, Schwarzenegger
Administration officials announced at the hearing that the closure of Agnews
Developmental Center in Santa Clara County, originally slated for closure in
June 2005, and later delayed to June 2007, will instead be closed by June 2008
to allow more time to implement transition programs and services for those
residing at the facility who will be moving into the community. No action
specifically was taken on the announcement, though the subcommittee did approve
the proposed budget for closure by a vote of 2-1 (Sen. Dave Cox
opposing)
Advocates both for and
against closure have largely praised the Department of Developmental Services'
transition planning efforts that was developed in collaboration with the three
regional centers in the area (Golden Gate Regional Center, Regional Center of
the East Bay and San Andreas Regional Center), parent and family advocacy
groups, community organizations and other advocates. The transition
planning is being closely watched across the state and nation because of that
collaboration.
Some advocates in favor of closing the remaining state
institutions however have raised concerns about what the impact of another delay
will mean regarding possible closures of another developmental center.
* On-Going Community Based Freezes
and Reductions: Approved by vote of 3-0 to continue the delay in regional
center assessments (from 60 days to 120 days), and the elimination of the
SSI/SSP (Supplemental Security Income/State Supplemental Payment) pass through
to Community Care facilities, but left "open" the continued freeze on start-ups
of new community-based programs (that are not related to moving people from a
developmental center) pending the Governor's revisions to his proposed budget in
mid-May. Specific votes on the other on-going freezes and reductions were
not needed because budget language continues those reductions for another year,
or it is included in the overall regional center budget.
* 3%
(One-Time) Rate Increase: Approved by vote of 3-0 the Governor's proposal
for a one-time 3% rate increase for specific regional center funded
community-based providers.
* Delay of State Computer System and Rising
Costs: Heard report from Department of Developmental Services of
on-going problems resulting in additional delays of implementation of the new
statewide computer system, officially known as the "California Developmental
Disabilities Information System" or "CADDIS". The failure of implementing the
new system - delayed several times over past several years, will cost, according
to the Schwarzenegger Administration, over $50 million in lost federal matching
funds. Administration officials could not commit to the subcommittee on
any new date for implementation. The subcommittee directed the
Schwarzenegger Administration to provide an update and information before the
release of the Governor's revisions in mid-May to his budget for July 2006-June
2007, and directed officials from the Department of Developmental Services to
appear before the subcommittee on April 24th to provide an update on the status,
recommendations and options. Sen. Dave Cox requested specific cost
information to be provided to all members of the subcommittee and staff.
*
Update on US Department of Justice Investigation of Lanterman Developmental
Center: No action was taken, but the subcommittee requested that the
Department of Developmental Services keep it informed of the US Department of
Justice report, that found several violations of rights of people with
developmental disabilities who reside currently at Lanterman Developmental
Center in Pomona, with a total population of 550 people. The original
on-site inspection was done at Lanterman Developmental Center on October 24,
2004 under the federal Civil Rights of Institutionalized Persons Act
(CRIPA). The US Department of Justice sent a letter to Gov.
Schwarzenegger, dated January 4, 2006, officially notifying the State of its
findings from that on-site inspection. The Department of Developmental
Services says no settlement agreement is yet in process.
* Autism
Spectrum Disorder Initiative Expansion: Approved 3-0 Governor's
proposal to dedicate additional resources within regional centers and at the
headquarters of the Department of Developmental Services, which oversees the 21
non-profit regional centers, to increase system capacity, ensure quality of
treatment services and better outreach.
Advocates Raise
Concerns About Continued Funding Reductions
Advocates, including those
representing professional organizations, statewide advocacy organizations,
including the State Council on Developmental Disabilities, and many persons with
developmental disabilities, family members, workers, and representatives of
community-based organizations, testified before the Senate subcommittee and
raised major concerns about impact of the on-going reductions and freeze on
state reimbursements to community-based organizations who provide services to
people with developmental disabilities. All of the advocates who testified
urged the subcommittee to take action to repeal the on-going reductions and
freezes, citing the desperate state of community organizations that they say are
reeling from soaring deficits, high staff turn-over and even program
closures.
Those same advocates however praised the Governor's
proposal for a one-time 3% rate increase for several community-based programs,
though pointed out that the increase does little to reverse the impact of the
continued ongoing budget funding reductions and freezes in state
reimbursements.
CDCAN VOTE RECORD REPORT
Senate Budget
Subcommittee #3 on Health and Human Services
Members (3): Sen.
Denise Ducheny (D-San Diego, 40th District), Chair; Sen. Wes Chesbro
(D-Arcata, 2nd District), and Sen. Dave Cox (R-Roseville, 1st
District)
Budget Issue:
Agnews Developmental Center Closure Plan
Action 04/03/06:
Approved as proposed by Governor in the budget - pending budget
revisions by Governor in May
Vote: 2-1
AYES Votes - 2
Democrats
Voting Aye (2): Chesbro, Duchney
Republicans Voting Aye (0):
-none-
NO Votes - 1
Democrats Voting No (0): -none-
Republicans Voting
No (1): Cox
ABSENT, ABSTAINING OR NOT VOTING-
0
Next: Assembly Budget
Subcommittee must also approve this proposal on 4/24, which is
likely.
Budget Issue:
Continuing Reductions and Freezes from Prior Budgets
Action
04/03/06: Approved with Governor's proposal to continue delay of
assessments (from 60 days to 120 days), and the elimination of the SSI/SSP pass
through to community case facilities (licensed by the Department of Social
Services), and adoption of budget related language for these two issues.
The Subcommittee did not take action - but left "open" pending the Governor's
budget revisions in May, the proposal to continue the prohibition of start-up of
new community-based programs (except for those directly for persons moving from
developmental centers or "non-community placement" start-ups)
Vote:
3-0
AYES Votes - 3
Democrats Voting Aye (2): Chesbro,
Duchney
Republicans Voting Aye (1): Cox
NO Votes - 0
Democrats Voting
No (0): -none-
Republicans Voting No (0): -none-
ABSENT, ABSTAINING OR NOT
VOTING- 0
Next: Assembly Budget
Subcommittee must also approve this proposal on 4/24, and advocates believe
there is some hope in getting the subcommittee to consider repealing most of the
on-going rate freezes and reductions. If that happens, this issue would go
to a joint committee of both the Senate and Assembly in June - called a "budget
conference committee" to resolve, unless the Senate Budget Subcommittee reverses
its action and supports a different action by the Assembly. .
Budget Issue: Regional Center
Contract Language/Budget Reduction
Action 04/03/06:
REJECTED the entire Governor's proposal to include new or modified
contract language for regional centers as a means of controlling spending of the
budget that funds community-based services (called "purchase of services")
linked with specific yearly reductions and an increase for regional center
staffing to implement this of $7.6 million.. Contract language covered vendor
selection based on lowest cost; statement to consumers of regional center
services, adherence by regional centers to existing laws and regulations in
purchasing services, family's responsibility for services to a minor child,
regional center clinical review and use of group modality. By rejecting
the proposal, the subcommittee eliminated the increase for regional center staffing
of $7.6 million, and restored $10.6 million in state funds that was cut
from the regional center budget that funds community-based services (purchase of
services).
Vote: 2-1
AYES Votes - 2
Democrats Voting Aye
(2): Chesbro, Duchney
Republicans Voting Aye (0): -none-
NO Votes -
1
Democrats Voting No (0): -none-
Republicans Voting No (1):
Cox
ABSENT, ABSTAINING OR NOT VOTING- 0
Next Steps: For this to be "final" the Assembly Budget
Subcommittee must also approve this proposal on 4/24, which is likely. [it
should be noted that NO action by either house is actually absolutely final
until a budget is passed by the Legislature and signed by the
Governor]
Budget Issue: 3% Rate
Increase For Specified Community Programs
Action 04/03/06:
Approved as proposed by Governor in the budget, and adopted yet-to-be drafted
language for a budget related bill (referred to as "placeholder
trailer bill language") - pending budget revisions by Governor in
May. The increase excludes services and supports whose rates are established
through the Department of Health Services under the Medi-Cal program's "Schedule
of Maximum Allowances". The 3% increase covers community care facilities,
day programs, habilitation services (supported employment and work activity
programs), transportation, supported living, look-a-like day programs, in-home
respite. The Department of Developmental Services noted that Out of Home
Respite will also be included for the rate increase when the Governor submits
his revisions to his budget in Mid-May.
Vote: 3-0
AYES Votes -
3
Democrats Voting Aye (2): Chesbro, Duchney
Republicans Voting Aye
(1): Cox
NO Votes - 0
Democrats Voting No (0): -none-
Republicans
Voting No (0): -none-
ABSENT, ABSTAINING OR NOT VOTING-
0
Next: Assembly Budget
Subcommittee must also approve this proposal on 4/24, which is almost
certain.
Budget Issue:
Increased State Costs Due to Delays in ICF/DD Certification by Dept of Health
Services
Action 04/03/06: REJECTED Governor's proposal for
increase of $2 million of state (general) funds needed as a result of delays in
certification by the Department of Health Services of new Intermediate Care
Facilities for persons with developmental disabilities that in makes those
programs eligible for federal matching (Medi-Cal) funding). Adopted
yet-to-be-drafted language for a budget related bill
to require the Department
of Health Services to certify the new ICF/DD facilities as a "priority".
Vote: 3-0
AYES Votes - 3
Democrats Voting Aye (2): Chesbro,
Duchney
Republicans Voting Aye (1): Cox
NO Votes - 0
Democrats Voting
No (0): -none-
Republicans Voting No (0): -none-
ABSENT, ABSTAINING OR NOT
VOTING- 0
Next: Assembly Budget
Subcommittee must also approve this proposal on 4/24 - not certain what action
they will take.
.
Budget Issue:
Autism Spectrum Disorder Initiative Expansion
Action 04/03/06:
Approved as proposed by Governor in the budget which calls for an increase in
$2.6 million in state funds to pay for regional center operations for staff
resources and projects. Of that amount, $1.8 million is for two new staff
positions (an Autism Spectrum Disorder Clinical Specialist and a Autism Spectrum
Disorder Program Coordinator) at each of the 21 regional centers,.
beginning as of January 1, 2007. $780,000 is set aside for one-time costs
including training, developing best practices and establishing state and
regional Autism Spectrum Disorder Resource Centers. The remaining $102,000
would fund a new Senior Psychologist position at the Department of Developmental
Services in Sacramento, to serve as a resource to recruit and communicate with
experts in the field; identify best practices and review autism spectrum
disorder materials and documents, etc.
Vote: 3-0
AYES Votes -
3
Democrats Voting Aye (2): Chesbro, Duchney
Republicans Voting Aye
(1): Cox
NO Votes - 0
Democrats Voting No (0): -none-
Republicans
Voting No (0): -none-
ABSENT, ABSTAINING OR NOT VOTING-
0
Next: Assembly Budget
Subcommittee must also approve this proposal on 4/24, which is all but certain.
Some advocates at the hearing, while supporting the proposal, raised concerns
about the ongoing freezes and spending reductions for community based programs
that serve children and adults with autism and their
families.
.
Budget Issue:
Habilitation Services
Action 04/03/06: Approved as proposed
Governor's proposal for continuation of Habilitation Services Program
Implementation and Monitoring (this item was not controversial)
Vote:
3-0
AYES Votes - 3
Democrats Voting Aye (2): Chesbro,
Duchney
Republicans Voting Aye (1): Cox
NO Votes - 0
Democrats Voting
No (0): -none-
Republicans Voting No (0): -none-
ABSENT, ABSTAINING
OR NOT VOTING- 0
Next: Assembly
Budget Subcommittee must also approve this proposal on 4/24, which is
certain.
Budget Issue:
Developmental Centers - Adjustments to Proposed Budget
Action
04/03/06: Approved as proposed Governor's "baseline" adjustments to the
overall budget for developmental centers, pending the Governor's budget
revisions in Mid-May. This includes an estimate of total spending for July
2006-June 2007 of $706.6 million ($383.7 million in state funds) to provide
services in five developmental centers, and two smaller state owned and operated
facilities to 2,797 persons with developmental disabilities.
Vote: 3-0
AYES Votes - 3
Democrats Voting Aye (2): Chesbro,
Duchney
Republicans Voting Aye (1): Cox
NO Votes - 0
Democrats Voting
No (0): -none-
Republicans Voting No (0): -none-
ABSENT, ABSTAINING
OR NOT VOTING- 0
Next: This item was
not controversial and the adjustments reflected a decrease in the developmental
center population from 3,106 to 2,797 as of June 2007. The Assembly Budget
Subcommittee must also approve this proposal on 4/24, which is
likely.
Budget Issue:
Developmental Centers - Porterville Intensive Behavioral Treatment
Residence
Action 04/03/06: Approved as proposed Governor's
proposal for an increase of $1.225 million in state funds and 14 positions at
Porterville Developmental Center (near Bakersfield) to staff a new Intensive
Behavioral Treatment Residence (to be set up within the existing secure
treatment area) for up to 30 persons with developmental disabilities identified
as the most dangerous to the rest of the secure treatment
population.
Vote: 3-0
AYES Votes - 3
Democrats Voting Aye
(2): Chesbro, Duchney
Republicans Voting Aye (1): Cox
NO Votes -
0
Democrats Voting No (0): -none-
Republicans Voting No (0):
-none-
ABSENT, ABSTAINING OR NOT VOTING- 0
Next: The Assembly Budget Subcommittee must also approve this
proposal on 4/24. This issue raised several questions from subcommittee
members.
Budget Issue:
Developmental Centers - Office of Protective Services
Action
04/03/06: Approved as proposed Governor's proposal for an overall
increase of $1.4 million ($832,000 state funds) to pay for 81 positions at
the Department of Developmental Services and at Developmental Centers to
continue the restructuring of the existing Office of Protective Services in
order to respond and address health, safety and security concerns raised by the
Attorney General's office in 2001. Also approved the legislative language as
proposed for a budget related bill to implement these changes. [the
81 position include 16 new positions of which 10 would be two year temporary
positions, and 65 existing positions redirected for this program]
Vote:
3-0
AYES Votes - 3
Democrats Voting Aye (2): Chesbro,
Duchney
Republicans Voting Aye (1): Cox
NO Votes - 0
Democrats Voting
No (0): -none-
Republicans Voting No (0): -none-
ABSENT, ABSTAINING
OR NOT VOTING- 0
Next: The Assembly
Budget Subcommittee must also approve this proposal on
4/24.
RELATED BUDGET
HEARINGS AND MEETINGS
What: CDCAN Disability Rights Townhall
Telemeeting
When: April 18, 2006 - Tuesday 1:00 PM to 2:45
PM
Budget Issue:
Supported Living Regulations (proposed) and related housing
issues
Priority: VERY
HIGH
Who Should Be Interested:
People with developmental disabilities who live independently with supported
living staff (and often with In-Home Supportive Services staff too); their
families, supported living staff; community-based organizations who provide
supported living services and/or housing connected to supported living, regional
centers, and other advocacy groups and people, including media, federal, state
and local government staff. [see CDCAN website for more information at www.cdcan.us]
What: CDCAN Disability Rights Townhall
Telemeeting
When: April 20, 2006 - Thursday 1:00 PM to 2:45
PM
Budget Issue: Budget
Update on upcoming 4/24 hearing - and also update on SSI/SSP, Medicare Part D
Emergency Drug Coverage, etc.
Priority: VERY HIGH
Who Should Be Interested: People with developmental
disabilities and their families, workers, community-based providers, advocacy
organizations, regional centers and other advocates and interested people,
including media, federal, state and local government staff.
[see CDCAN website for more information
at www.cdcan.us]
Who:
Senate Budget Subcommittee #3 on Health and Human Services
When:
April 24, 2006 - Monday morning at 10:00 AM
Budget Issue: Report by Department of Developmental Services
(or other Schwarzenegger Administration officials) on status, recommendations
and options of the state computer system to track services and spending for
services and other data for people with developmental disabilities (known as the
"California Developmental Disabilities Information System" or "CADDIS"). This
report was to be made at this hearing as a result of the subcommittee directing
Schwarzenegger Administration officials for this information at the April 3
hearing.
Where: State
Capitol - Room 4203
Priority:
Important
Alert Issued: NO
Should People Come To Hearing: If they can - the delay of this
computer system and the lack of an alternative (to date) will result in the loss
of over $50 million in federal funding - and a cost of that amount in state
funds, delay in the start-up of new programs such as "self directed
services". The main focus of THIS hearing however is on Medi-Cal (selected
issues), public health programs under the Department of Health Services.
Who:
Assembly Budget Subcommittee #1 on Health and Human Services
When:
April 24, 2006 - Monday late afternoon at 4:00 PM
Budget Issue: Regional Centers and Developmental Centers under
Dept of Developmental Services
Where: State Capitol - Room 127
Priority: VERY HIGH
Alert Issued:
YES
Should People Come To
Hearing: YES! This is the first meeting of the Assembly Budget
subcommittee on these issues that are the same issues (for the most part) heard
by its counterpart in the Senate, on April 3.
How To Receive CDCAN Capitol
News Reports and Alerts
The California Disability Community Action Network is a
non-partisan link to tens of thousands of Californians in every community,
including people of color, people of every type of disability, including people
with physical disabilities, people with developmental and other disabilities,
people with traumatic brain and other injures, people with mental health needs,
seniors, people with MS, Alzheimer's and others, and all of their families,
community organizations and providers, direct care and other workers, and other
advocates. These action alerts and news reports is for all of them.
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 OR sign up via the NEW
CDCAN website at www.cdcan.us Sharing information is part of
our organizing effort. Please feel free to forward or copy this
(attribution is nice but not necessary). We're all in this together!
MANY
THANKS to Training Toward Self Reliance, UCP, California NAELA, The University
Affiliated Programs, CHANCE Inc, Parents Helping Parents, Arriba, Strategies
Toward Empowering People, Parents Helping Parents, Asian American parents
groups, Resources for Independent Living and many other Independent Living
Centers, several regional centers, People First chapters, IHSS workers, other
self advocacy and family support groups California Disability Rights Inc ,
developmental center families, and hundreds of individuals like Maureen
Fitzgerald, Terri Lantz, Christal Hopkins, Lisa Brown, Anna Wang, Dennis Dishaw,
Bob Benson, David Engberg, Connie Arnold, and so many others who through their
support and contributions, make the non-partisan CDCAN reports and townhall
telemeetings possible. Thanks also to partnerships and the good people
with the State Council on Developmental Disabilities, and also the Department of
Health Services, the Department of Developmental Services, Department of Social
Services and the CA Health and Human Services Agency and other agencies, and the
State Legislature and staff, the Legislative Analyst Office. Good people
who do good things can make a difference together