043-2006 Assembly Budget Panel Votes to End Some Ongoing Freezes Reductions

CDCAN
CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK
DISABILITY RIGHTS NEWS REPORT
#043-2006 April 25, 2006 Tuesday morning
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
* ASSEMBLY BUDGET PANEL ACTS ON REGIONAL CENTER ISSUES
* VOTES TO END SOME ON-GOING FREEZES & REDUCTIONS
* SENATE STILL NEEDS TO ALSO APPROVE ANY ACTION
* STATUS OF LONG DELAYED COMPUTER SYSTEM STIRS CONTROVERSY
* HEARS UPDATE ON CLOSURE OF AGNEWS DEVELOPMENTAL CENTER

SACRAMENTO - After a grueling four hour hearing that ended close to 8 PM Tuesday evening (April 24), the Assembly Budget Subcommittee #1 on Health and Human Services voted to reject some of the Schwarzenegger Administration's budget proposals that would continue for at least another year, on-going budget reductions and rate freezes - called "cost containment measures" impacting regional center budgets (called "purchase of services" or POS) that fund community based services and supports for children and adults with developmental disabilities. The actions still need approval from the State Senate, which, with one exception, voted on April 3, to continue the on-going reductions and rate freezes.

The Assembly panel also approved, as expected, the Governor's proposal that would provide for a one-time 3% rate increase for several community-based programs serving people with developmental disabilities but rejected the Governor's proposal that would have imposed new contract language between the State and regional centers for purpose of controlling growth and spending of the regional center budget that funds community-based services (the Senate budget panel took the same actions on April 3).

The hearing room was packed to standing room only with people with disabilities, family members, workers, community organization representatives and other advocates, with an overflow crowd outside in the hallway who watched the hearing from a TV monitor - many who testified pleading for an end of on-going budget reductions and the need for funding of critical services.

A more detailed CDCAN Report, with actual vote records, will be sent out later today, including details on other budget issues discussed and acted on, including several impacting developmental centers.

Actions Taken on Community-Based Issues Taken by Assembly Panel:
PROVIDER 3% ONE-TIME INCREASE
* Approved Governor's proposal for a one-time 3% cost of living increase for specific community-based programs where the Department of Developmental Services sets rates of reimbursement: community care facilities, day programs, habilitation services (work activity and supported employment programs), "vouchered" and agency respite providers.
* Approved Governor's proposal for a one-time 3 cost of living increase for specific programs whose funding from the State is tied to a contract: supported living services, transportation and "look-alike" day programs
* The 3% one time increase would increase spending within the Department of Developmental Services by nearly $68 million, of which $46 million is State money - the remaining amount coming from federal matching funds.
ON-GOING FREEZES & REDUCTIONS (COST CONTAINMENT MEASURES)
* Start-ups of New (Non-Community Placement Plan) Programs: Rejected proposal by Governor that would continue for another year the prohibition of start-ups of new community-based programs (except those that were specifically for placing persons from developmental centers into community settings). The State Senate voted on April 3, to consider lifting this ban too, pending further information from the Governor when he releases his revisions to the proposed 2006-2007 State Budget in mid-May. The cost of lifting the prohibition of non-community placement plan new program start-ups would increase spending by $5.962 million.
* Rate Freeze/Day Programs and In-Home Respite: Rejected Governor's proposal to continue rate freezes for another year for these regional center funded programs. This action is in addition to the Governor's one-time 3% rate increase (an action which still kept in place the rate freezes for these programs). The State Senate voted April 3 to approve the Governor's proposals to continue these freezes, pending further information from the Governor when he releases his revisions to the proposed 2006-2007 State Budget in mid-May. The action by the Assembly, which needs approval from the Sente, would mean an increase of $3.696 million in the 2006-2007 budget year.
* Intake/Assessment: Rejected Governor's proposal to continue delaying intake/assessment by regional centers of children and adults with developmental disabilities applying for regional center funded services, from 60 to 120 days. The State Senate budget subcommittee voted April 3 to continue the delay for at least another year. The action by the Assembly, if approved by the Senate, would mean an increase for this purpose in the 2006-2007 budget year by $4.465 million.
* Change in Eligibility for Regional Center Funded Services: Rejected proposal to continue the change in eligibility standards for regional center funded services first proposed by Gov. Davis and implemented in July 2003. That change required that a person with developmental disabilities, in order to be eligible for regional center funded services, must be unable to perform at least three of the seven "life activity" domains or areas established by the federal government (communication skills, learning, self-care, mobility, self-direction, capacity to live independently and economic self-sufficiency). The State in 2003, however did not adopt other parts of the federal standard which would have increased the numbers of people who would be eligible for services due to age and type of disability. Since it was put in place, the Schwarzenegger Administration estimates that hundreds of persons each year are denied eligibility based on the revised standard, who previously would have been eligible for regional center funded services.   The action, which still needs approval from the Senate, would mean an increase of $2.074 million for the 2006-2007 budget year.
* Regional Center Caseworker to Consumer Ratio - Rejected Governor's proposal to continue another year the change in the ration of regional center caseworker to consumers that increased from 1 caseworker to 62 persons with developmental disabilities, to 1 caseworker to 66 persons with developmental disabilities. The State Senate budget subcommittee voted April 3 to continue the change in the ratio. The Assembly action, which needs approval from the Senate, would mean an increase of $29.544 million for this purpose in the 2006-2007 budget year.
* SSI/SSP Pass-Through To Community Care Facilities - Rejected Governor's proposal that would continue for another year, the elimination of the SSI/SSP (Supplemental Security Income/State Supplemental Payment) pass through to community care facilities that serve persons with developmental disabilities. The State Senate on April 3, approved continuing suspending this pass through.
The action by the Assembly, which needs approval from the Senate, would mean an increase of $4.341 million for this purpose.
* Unallocated Reduction of Regional Center Purchase of Services Budget: Rejected Governor's proposal that would have continued this unallocated or unspecified reduction to the regional center budget that funds community-based services ("purchase of services" or "POS"). The State Senate budget subcommittee voted to continue this unallocated reduction, on April 3. The action, which needs Senate approval, would mean an increase of $7 million for this budget.
REGIONAL CENTER CONTRACT LANGUAGE
* Rejected Governor's proposal to add and change contract language between the State and the 21 non-profit regional centers who fund organizations and individuals to provide community-based services and supports for children and adults with developmental disabilities. The Governor's proposal would have put in place contract language that would control caseload and spending of the regional center budget that funds community-based services (called "purchase of services" or "POS"). The Senate budget subcommittee voted April 3 to reject this proposal. The rejection of this proposal means restoring $3 million in State funds to the regional center purchase of services budget for 2006-2007.

Other Issues Assembly Budget Subcommittee Heard or Acted On
* CADDIS (California Developmental Disabilities Information System) - The Assembly budget panel (and the Senate budget subcommittee earlier in the day) heard from the Department of Developmental Services an update on the status of the long delayed statewide computer system to track services and expenditures and other information of people with developmental disabilities. The Schwarzenegger Administration said it would continue with the project, despite concerns of increasing costs and delays and the impact of losing tens of millions of dollars in federal matching funds for programs that needed the computer system. Department of Developmental Services officials promised that they would provide data and information to the non-partisan Legislative Analyst Office and also members of the Assembly Budget Subcommittee on how they based their decision to proceed. The long delayed system stirred increasing controversy and criticism from members of both parties. See more detail in CDCAN Report on this issue Friday.
* Work Programs For Persons With Developmental Disabilities - heard but took no action on proposals by the California Rehabilitation Association for increase of $24.89 million in spending in a program dealing with employment for persons with developmental disabilities (supported employment), and increases in spending in other programs including $1.525 million for work activity programs, $17.1 million for day programs, $6.025 million for supported living services and an increase of $15 million for a shift from temporary to permanent rates. The proposal was not presented to the State Senate budget subcommittee in April and no action by the Senate has been taken. Three legislators not on the Assembly budget panel, Assemblymembers Barbara Matthews (Democrat, 17th District), Betty Karnette (Democrat, 54th District) and Assemblymember Russ Bogh (Republican, 65th District) either spoke briefly to the subcommittee in favor of the proposal, or made an appearance.
* Autism Spectrum Disorder Initiative: Approved as proposed by the Governor (Senate approved this proposal in April and Assembly approval is likely today) . Calls for increase of $2. 5 million for expansion of this initiative for outreach, best practices, for families with children with autism, in the 21 regional centers.
* Certification of Intermediate Care Facilities Approved this proposal for additional State funding needed until certification is made of intermediate care facilities for persons with developmental disabilities. (Senate Budget Subcommittee approved this action April 3)
* Habilitation Service Program Implementation - Approved as proposed staffing position within the Department of Developmental Services. State Senate subcommittee took similar action on April 3.
* Agnews Developmental Center Closure & Transition Plan - Heard update on closure and transition plan of Agnews Developmental Center. The Department of Developmental Services previously announced on April 3 that closure - slated for June 2007, will be delayed until June 2008. Like the April 3 Senate subcommittee hearing, many family members of persons with developmental disabilities who reside still at Agnews made an appeal to Assembly Budget subcommittee members for consideration of their plan for a mixed use community on the Agnews land after it closes. The State currently intends to sell the land after the facility closes. See more detail on the closure and transition in special CDCAN Report later today.
* Developmental Centers - Office of Protective Services - Headquarters: Took no action on this issue - held it open for further action. The proposal calls for adding 6 position at the Department of Developmental Services headquarters in Sacramento to meet operational needs for the developmental center Office of Protective Services. The proposal would cost $752,000 ($452,000 in state funds) in the 2006-2007 budget year.
* Developmental Centers: Office of Protective Services - approved as proposed by the Governor, for restructuring of the Office of Protective Services in response to the US Department of Justice recommendations and findings.
* Porterville Intensive Behavioral Treatment Residence: Approved as proposed by the Governor for a Intensive Behavioral Treatment Residence within the Secure Treatment Program at Porterville Developmental Center, located near Bakersfield in Kern County. The proposal calls for an increase of $1.2 million of State funds and 14 positions for the 2006-007 budget year to staff this residence for up to 30 persons with developmental disabilities who have been identified as the most dangerous of those who are in the existing Secure Treatment Program at Porterville Developmental Center. (Senate Budget Subcommittee approved this proposal April 3)
* Porterville Developmental Center - Additional Funding for Construction of 96 Bed Expansion/Recreation Complex: Approved as proposed by Governor for $78.473 million in additional funding due to unanticipated increases related to construction of this complex, previously approved by the Legislature in the 2003-2004 State Budget.
* Porterville Developmental Center - Kitchen: Approved as proposed by Governor which calls for building a new single story main kitchen at this state owned and operated facility. Also will remodel 24 satellite kitchen and dining rooms in Porterville Developmental Center residences to bring it up to health and safety code compliance. The proposal would cost $23.734 million in the 2006-2007 budget year, of which $22.557 million would come from lease-revenue bonds.

NEXT STEPS
* Senate: Senate needs to approve actions taken by the Assembly - and where there is continued disagreement, will go to a special joint committee with 3 members from each house (called a conference committee) to resolve. This special committee will likely begin meeting in June once the Assembly and Senate budget committees have finished their work.
* Governor: In early/mid May the Governor will release changes (or revisions) to the proposed budget he released on January 10. Those changes - called the "May Revision" or the "May Revise" will reflect updated spending by the State - and the amount of money the State is actually receiving from taxes and other sources. The Governor can revise, withdraw or add new proposals. The Assembly and Senate budget subcommittees will hold hearings on new issues the Governor proposals and take final actions on any open issues before the budget process moves next to the special joint committee (conference committee) in June for further action.

CDCAN Capitol News Reports and Alerts
These CDCAN Reports are partially funded by a small grant from the USC UCEDD, Grant #90DD0540 from the Administration on Developmental Disabilities. The opinions expressed or content in these reports do not necessarily reflect the views or opinions of the USC UCEDD.
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, Californians for Disability Rights, Inc (CDR), 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, developmental center families, and hundreds of individuals including Bob Scrivano, 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.