CDCAN
CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK
DISABILITY RIGHTS
NEWS REPORT

#049-2006  May 31, 2006 - Wednesday

Advocacy Without Borders:
Connecting people with disabilities & seniors to rights and unified action
IN MEMORY OF WARREN A. MATTINGLY WHO PASSED AWAY MAY 24
1225 8th Street Suite 480 - Sacramento, CA 95814  916/446-0013  Fax: 916/446-0026
To Respond to THIS email report reply to: martyomoto@rcip.com   
CDCAN website: www.cdcan.us

 
BUDGET CONFERENCE COMMITTEE
MORE ISSUES IMPACTING PEOPLE WITH DISABILITIES/SENIORS:
* Mental Health AB 3632 Budget Issues
* Aging Budget Items
* More Medi-Cal Program Budget
* Special Education Budget Issues in Conference Committee

SACRAMENTO -   As previously reported, the State budget process moves a major step forward with the first meeting of a joint budget committee  this morning (May 31, Wednesday morning at 10:00 AM in the State Capitol, Room 4203) to resolve differences in actions on the budget taken by either the Assembly or the State Senate.  The State Legislature leaders - barring an unforeseen events - are pushing  to pass a State Budget on or close to the state constitutional deadline of June 15 for the first time in nearly 20 years.  The budget conference committee is scheduled to meet daily through the next several days going through the 290 page agenda before sending the budget package for what legislative leaders hope will be final votes on the floor of each house.

Members of the Budget Conference Committee
The 6 member special joint budget committee - called a "conference committee" is composed of two Democrats and one Republican members from each house and is chaired this year by Sen. Wes Chesbro (Democrat - Arcata, 2nd District) who is the chair of the Senate Budget and Fiscal Review Committee.  The other Conference Committee members are:
* Sen. Denise Ducheny (Democrat - San Diego, 40th District)
* Sen. Dennis Hollingsworth (Republican - Murrieta, 36th District), Senate Budget & Fiscal Review Committee vice chair
* Assemblymember John Laird (Democrat - Santa Cruz, 27th District), and Assembly Budget Committee chair.
* Assemblymember Judy Chu (Democrat - Monterey Park, 49th District), Assembly Appropriations Committee chair
* Assemblymember Rick Keene (Republican - Chico, 3rd District), Assembly Budget Committee vice
chair

A CDCAN Alert was issued this morning (Wednesday, May 31) and a CDCAN Disability Rights Townhall Telemeeting will focus on the issue of supported employment program funding - and also employment of persons with disabilities on June 1, Thursday from 1 PM to 2:45 PM.  See CDCAN notice or go to the CDCAN website at www.cdcan.us
A previous CDCAN Report (#8) lists out budget items impacting regional centers, IHSS, SSI/SSP, Medi-Cal. 

SUMMARY OF SOME OF THE MAJOR ISSUES
This report lists issues before the budget conference committee covering aging, mental health, special education and other issues impacting people with disabilities and seniors.  For a summary of the major issues on issues covering regional centers, IHSS, other major Medi-Cal and Health issues, please see earlier report (#48-2006.

SOME MENTAL HEALTH BUDGET ITEMS IN CONFERENCE COMMITTEE
* ISSUE: State Staff For AB 3632 Program Assistance
Budget Item: 4440-001-001, Issue #301 (action will agree or conform with action taken on Issue 301 in Budget Item 4440-104-001 and Issue 301 in Budget Item 4440-295-0001)
State Agency: Department of Mental Health
What Senate Did April-May:  Rejected the Governor's May Revised budget proposal to create a categorical program for the AB 3632 program but instead, approved the Department of Mental Health requested positions for the purpose of addressing the oversight function of AB 3632 required under SB 1895 (
Statutes of 2005).
Budget Amount Changed by Senate: $275,000 (as budgeted by Governor)
What Assembly Did April-May: Assembly rejected the positions proposed by the Governor in his May Revised Budget.
Budget Amount Changed by Assembly : -$275,000 reduced from the budget
Difference Between the Two Houses:  $275,000
Impact: Very important to children with mental health needs and their families.

* ISSUE: Restructure the AB 3632 Program
Budget Item: 4440-104-001, Issue #301 (will conform with Issue 301 in Budget Item 4440-295-0001 and 4440-001-001, Issue #301)
State Agency: Department of Mental Health
What Senate Did April-May: Rejected the Governor's May Revised Budget proposal which provided $69 million (State funds) to establish a categorical program for AB 3632 through budget related legislative (trailer bill) language, and instead, transferred the $69 million to the State Mandate Item.
Budget Amount Changed by Senate: $69,000,000
What Assembly Did April-May: Assembly reduced the Governor's May Revised budget proposal by $1 million to send this issue to the budget conference committee for further review and action.
Budget Amount Changed by Assembly : $68,000,000
Difference Between the Two Houses: $1,000,000
Impact: Very important to children with mental health needs and their families.

* ISSUE: Funding for AB 3632 Program (State Mandated Program)
Budget Item: 4440-295-001, Issue #301 (will conform with Issue 301 in Budget Item 4440-104-0001 and 4440-001-001, Issue #301)
State Agency: Department of Mental Health
What Senate Did April-May: Senate provided a total of $186.5 million (State genera fund) including a transfer of $69 million from Budget Item 4440-104-001 to do the following:
- $33 million for 2004-2005 claims
- $33 million for 2005-2006 claims
- $120.5 million for 2006-2007 claims
- Budget Bill language was adopted that state the reimbursement claims shall only be made for claims that are still subject to audit by the State Controller and it is the legislative intent that funds provided in this budget item, as well as funds provided in the State Department of Education item for this purpose, be fully expended to address the needs in the 2004-2005, 2005-2006 and 2006-2007 budget years.
Budget Amount Changed by Senate: $117,000,000
What Assembly Did April-May: Assembly did not take this action
Budget Amount Changed by Assembly : -0-
Difference Between the Two Houses:  $117,000,000
Impact: Very important to children with mental health needs and their families.

* ISSUE: Early and Periodic Diagnosis and Treatment (EPSDT) Use of Extrapolation in Audits
Budget Item: 4440-101-001, Issue #130
State Agency: Department of Mental Health
What Senate Did April-May:  Adopted budget related legislative (trailer bill) language to provide a process for resolving concerns regarding the use of extrapolation in conducting audits on community-based providers who provide services to children with mental health needs under the EPSDT program.
Budget Amount Changed by Senate: -0-
What Assembly Did April-May: Assembly did not take up this action
Budget Amount Changed by Assembly : -0-
Difference Between the Two Houses: Budget related legislative language (trailer bill) adopted by the Senate
Impact: Very important to children with mental health needs and their families.

SPECIAL EDUCATION BUDGET ITEMS IN CONFERENCE COMMITTEE
.* ISSUE: State Department of Education Operations - Special Ed Disabilities Adjustment Report
Budget Item: 6110-001-0001 , Issue 410
State Agency: Department of Education
What Assembly Did in April-May:  Increased funding to the Department of Education for an evaluation to assess the need to adjust special education funding based upon the distribution of students with special needs who are "high cost".
Budget Amount Changed: $500,000 

What Senate Did in April-May: Senate took no action on this.
Budget Amount Changed: -0-
Difference Between the Two Houses: $500,00
Impact: Important

* ISSUE: State Department of Education Operations - Fund Shifts to Address Federal Special Education Funding Deficiency
Budget Item: 6110-001-0001 , Issue 040, 042, 470
State Agency: Department of Education
What Assembly Did in April-May:  Adopted a portion of the May Revised Budget proposed by the Governor to reduce the amount of federal special education funds spent on state activities to comply with federal requirements.  The Governor's May Revised budget suggested shifting these dollars to the State general fund. 
Budget Amount Changed: $1,900,000

What Senate Did in April-May: Senate took no action on this.
Budget Amount Changed: -0-
Difference Between the Two Houses: $1,900,00
Impact: Important

AGING AND SENIOR PROGRAM BUDGET ITEMS
* ISSUE: Senior Legal Hotline
Budget  Item:  4170-101-0001, Issue 250)
State Agency: Department of Aging
What Assembly Did in April-May:  Approved $250,000 and language to require Department of Aging to contract for statewide senior legal hotline through competitive bidding process.
Budget Amount Changed by Assembly:  $250,000
What Senate Did in April-May:  Took no action on this issue.
Budget Amount Changed by Senate: -0-
Difference Between the Two Houses: $250,000
Impact: Important

* Public Guardian Program
Budget item:  4170-101-0001, Issue 251)
State Agency: Department of Aging
What Assembly Did in April-May: Approved $5 million for support of county public guardian programs, draft language and budget related legislative language (budget "trailer bill") to create regulatory oversight for professional conservators and guardians.
Budget Amount Changed by Assembly: $5,000,000
What the Senate Did in April-May: Took no action on this issue.
Budget Amount Changed by Senate:  -0-
Difference Between the Two Houses: $5,000,000
Impact: Very important to seniors and their families and advocates.

OTHER MEDI-CAL BUDGET ITEMS IN CONFERENCE COMMITTEE
Note: see CDCAN Report #48-2006 for report on other Medi-Cal budget items in the conference committee.

* ISSUE: State Staff for Medi-Cal/Treatment Authorization Request Quality Control Unit
Budget Item: 4260, Issue #016
State Agency: Department of Health Services
What Senate Did in April-May:  Reduced by 3 positions the Governor's request of $713,000 and 6 positions to address quality assurance concerns in the Medi-Cal "treatment authorization request" (TAR) process, including 2 research analysts II and an associate governmental program analyst.
Budget Amount Changed: -$157,000 reduced from Governor's proposed budgeted amount
What Assembly Did in April-May:  Approved Governor's proposal
Budget Amount Changed: -0-  (No change made to Governor's proposed budgeted amount)
Difference Between the Two Houses: $157,000
Impact: Important

* Genetically Handicapped Persons Program (GHPP)  (Budget Item 4260 - budget-related legislative language)
State Agency: Dept of Health Services
What Senate Did in April-May: Adopted budget related legislative language ("trailer bill") to allow the Genetically Handicapped Persons Program to be included within the Medi-Cal Supplemental Rebate Program process for the program to continue to collect rebates on blood factor product.
Budget Amount Changed:  N/A
What Assembly Did
in April-May: Assembly did not take this action
Budget Amount Changed:  N/A
Difference Between the Two Houses: Budget related legislative (trailer bill) language
Impact: Important


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,
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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.  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.