CDCAN
CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK
DISABILITY RIGHTS
NEWS REPORT

#053-2006  June 7, 2006 - Wednesday evening

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

 
California State Budget

* CONFERENCE COMMITTEE MET TODAY (JUNE 7)
* NO ACTION ON SSI/SSP, SUPPORTED EMPLOYMENT & COST CONTAINMENT
* NO ACTION YET ON OTHER ISSUES IMPACTING PEOPLE WITH DISABILITIES
* WILL RESUME MEETING THURSDAY JUNE 8TH UPON CALL OF CHAIR

SACRAMENTO -  The joint legislative committee, called a "conference committee"  met for the second time this week for about two hours Wednesday late afternoon (June 7) and voted on several items, but took no action on several major issues still left open that impact people with disabilities and seniors including:
*
Proposal for significant increases in supported employment program funding for adults with developmental disabilities
* Proposal to end on-going budget reductions called "cost containment" on regional center funded programs,
* Proposal to repeal last year's budget deal that will withhold the January-March 2007 federal cost of living moneythat is supposed to go to the State's poorest people with disabilities and seniors who receive SSI/SSP (Supplemental Security Income/State Supplemental Payment). 
* Proposal for $5 million for support of county public guardian programs
* Funding and proposed restructuring of AB 3632 mental health services for children with special needs
* Proposal for health care coverage for all children from families with incomes at or below 300% of the federal poverty level
* Major issue regarding licensing and certification fees for health facilities providers
The leaders in both the Assembly and State Senate and the Governor 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 could finish its work on on Thursday or by Friday and then send  the budget package for what legislative leaders hope will be final votes on the floor of each house on or before June 15.

The budget conference committee did vote 6-0 to reject the action taken earlier by the Assembly which would have required the Department of Aging to contract for a statewide Senior Legal Hotline through a competitive bid process, including an allocation of $250,000 to the Department and legislative language for that purpose. 

Committee To Resume Meeting Sometime on Thursday June 8th
* The budget conference committee, chaired by Sen. Wes Chesbro (Democrat - Arcata, 2nd District) will resume meeting sometime on Thursday, June 8th, upon call of the chair.  The conference committee could finish up its work by Friday this week. 
* The budget conference committee does not hear testimony from the public or from the various departments, and meets only to resolve differences in budget actions taken by the State Senate and the Assembly earlier this year. 
* No public testimony is allowed during the hearings of the conference committee, though the meetings are open to the public and televised (available on the California Channel). 


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) chair of the Senate Budget Subcommittee #3 on Health and Human Services
* 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


Some Key "Open Issues" Before Conference Committee
The conference committee completed making a first pass going through the entire 290 page agenda, and will  go back and look at taking action on issues left "open" (passed over for further discussion or information)  - including major budget issues impacting people with disabilities and seniors.  Major issues include:
* SSI/SSP - repeal of last year's budget deal that withholds federal cost of living money for the first three months of 2007 due to people with disabilities and seniors who receive SSI/SSP (Supplemental Security Income/State Supplemental Payment). Both houses rejected the Governor's earlier proposal to extend withholding of the federal cost of living increase by another 15 months beginning April 2007 and both houses took no action on ending the suspension of the State cost of living increase due to SSI/SSP recipients this year and next January or reverse the withholding of the federal cost of living increase that was due to SSI/SSP recipients January through March of this year.  But the Assembly voted to repeal last year's budget action on withholding federal increases for three months next January, while the Senate did not.  Also left open was the issue of cost of living increases for persons on CalWORKS. 
*  Supported Employment Program - different proposed funding increases adopted by the Senate and Assembly in April and May for supported employment programs for people with developmental disabilities beyond the 3% increase proposed by the Governor.  Assembly in May adopted a significantly higher increase than the State Senate ($6.1 million), supported by a letter circulated by Assemblymember Barbara Matthews (Democrat - Tracy, 17th District), a parent of an older son with developmental disabilities, which was supported and signed by 72 other Democrats and Republicans Assemblymembers and several State Senators.  A CDCAN Townhall Telemeeting and alert was issue focusing attention and support for additional funding increases for this program and the end of the on-going cost containment measures for regional center funded community-based sevices, and also the repeal of the withholding of the federal cost of living increase for SSI/SSP recipients. 
* Regional Center Cost Containment  Measures - proposed end of on-going budget reductions called "cost containment measures" for regional center funded community-based services for children and adults with developmental disabilities.
Assembly voted in May to end cost containment (including rate freezes) on regional center funded community-based programs implemented in previous State budgets, including ending the change in eligibility for those services, which was narrowed in 2003. The narrowing of eligibility standards was considered a significant action by advocates impacting by some estimates, over 400-500 people each year who are denied eligibility under the new standard (but may have qualified under the old standard).  The The Senate approved in May the Governor's proposal to continue cost contaiment measures for at least one more year, with the exception of lifting the freeze specifically for the start-up and development of new community programs. 
* Regional Center Funded Communty-Based Services Wage/Funding Increases - proposed increases in funding for wages for specific regional center funded programs beyond the 3% one time increase the Governor proposed.  Assembly approved action to provide for wage pass through and funding for specific programs (including supported employment)  above what the Governor proposed.  The Senate did not take this action. 
* Regional Center Case Manager funding increase - held open (Assembly earlier in April-May voted an additional $26.6 million to adjust the regional center case manager to consumer ratio from 1 to 66 persons back to 1 to 62 persons.  The Senate voted earlier in April-May for a smaller increase above what the Governor proposed, of $3.2 million to hire case managers and staff to ensure compliance with federal requirements regarding the Medicaid Home and Community-based waiver.
*  Children Healthcare Coverage - health care coverage for all children from low income families at or below 300% of the federal poverty level.  Assembly took ths action - not part of the Governor's proposed budget - while the Senate did not. 
* AB 3632 Mental Health Services - major changes in funding of AB 3632 mental health services for children with special needs. Senate proposed major change. Senate rejected the Governor's proposal to establish a "categorical program" for AB 3632 services. Senate approved action to allocate $186.5 million to provide for AB 3632 mental health services claims for 2004-2005, 2005-2006 and 2006-2007 - $117 million more than what the Assembly approved.
* Department of Aging - Public Guardian Program - Funding increase and legislative language (Assembly approved $5 million for support of county public guardian programs, provisional language, budget related legislative language to create state guidelines (regulations) for professional conservators and guardians.  The State Senate took no similar action on this)
* Department of Health Services - Licensing and Certification Health Facilities Fees - The Governor's proposal provided for 141 positions for increased surveys and significant increases in licensing and certification fees paid by health facilities providers,  allocated $4.570 million to pay for state owned facilities and "certified only" facilities that cannot be charged fees, and deleted the existing fee exemption for all other public entitities.  The Senate approved the 141 positions and the $4.570 million to pay for state owned facilities but increased by $1.2 million to continue paying the fees for District Hospitals and increased by almost $10 million the funding to reduce the fee increase to be paid by primary care clinics, speciality clinics, home health agencies, psychology clinics, hospice facilities, ICF-DD-H (Intermediate Care Facilities) and ICF DD-N facilities, skilled nursing facilities, and draft budget related legislative (trailer bill) language.  The Assembly approved the 141 positions but rejected the Governor's proposal to provide $4.570 million to state owned facilities and rejected the budget related legislative (trailer bill) language for fee adjustments and did not provide any funding to reduce the licensing and certification fee increases for providers. 
* Medi-Cal: Managed Care Rate Adjustments - Both houses took different actions regarding increasing funding to specific Medi-Cal managed care plans - the Assembly increasing the funding by$48,374,000 with budget related legislative language, while the Senate increased the funding by $39,025,000 and no budget related legislative language.  The conference committee earlier last week rejected the Assembly action in May that called for $15 million to increase specific Medi-Cal "fee for service" provider rates.
* Medi-Cal: New Rates For Program for All Inclusive Care for the Elderly (PACE) - Assembly earlier increased by $8 million ($4 million of that State funds) and approved budget related legislative (trailer bill) language to establish new rates for this program at 95% of the upper payment level.  The Senate took no similar action. 

Meanwhile the controversial proposal that would require in certain areas of the State,  people with disabilities and seniors who receive Medi-Cal services to be enrolled into Medi-Cal managed care health plans (rather than "fee-for-service" plans where the person selects their own private doctor), is moving forward in separate legislation, with related budget issues pending before the conference committee.  The issue will be part of a upcoming CDCAN Disability Rights Townhall Telemeeting within the next two weeks. 

A CDCAN Alert was issued Wednesday, May 31 and a CDCAN Disability Rights Townhall Telemeeting, drawing well over 150 people,  was held on June 1 to  focus on the issue of supported employment program funding - and also employment of persons with disabilities. See CDCAN Alert or go to the CDCAN website at www.cdcan.us 

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, Alzheime iner'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.  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.