FDDC: Capitol Update * Volume 10 * Issue 1

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From: Florida

Developmental Disabilities Council

Sent: Wednesday, March 03, 2010 4:20 PM

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Subject: Capitol Update * Volume 10 * Issue 1

Announcement

from the

Florida

Developmental Disabilities Council

March 3, 2010    Volume 10, Issue1

Florida Developmental Disabilities

Council, Inc.

124 Marriott Drive, Suite 203, Tallahassee, FL 32301-2981

Phone: / ~ Fax:

~ TDD /

www.fddc.org/

The

Florida 2010 Legislative Session Begins

The Florida 2010 Legislative Session started March 2

and the topic on everyone's mind is the budget.  Florida is looking at a

3 billion dollar deficit, due to revenue shortfalls, that will have to be

addressed. Florida legislators are mandated to balance Florida's budget

during each legislative session. Education and Human Services represent

the largest share of the budget and will have to be cut.

The Governor's 2010-2011 budget was called optimistic

by some and unrealistic by others. It is based on revenue sources that

have not been approved and calls for leaving small reserves in the

existing budget. The Senate has written to the Federal Government asking

for an extension of the increased federal money that was provided in the

economic stimulus package last year. This money, and revenue through a

Seminole gambling compact, will not be realized until after the regular

session is over, if they are approved.

In the meantime, Senate and House appropriations

committees are considering cuts in health and human services programs

that could result in as much as a 15% reduction in Home and Community

Based Waiver services. The initial decisions for cutting programs are

expected by March 12, 2010.

The work being done by the House is somewhat

encouraging because the members of the Health Care Appropriations

Committee have ranked services to people with developmental disabilities

as one of the five top services to be preserved. However, how this

translates into cuts is not yet known and no program may end up being

exempt from reductions.

The Senate is approaching the process of cutting

differently. Like the House, they have asked state agencies to present

their recommendations on cuts. However, the process is moving more slowly

and members have not been openly polled.

The Agency for Persons with

Developmental Disabilities (APD) has presented the following options:

APD Recommended

Cut                                                                              ($

amount in millions)

1.

Cap services in Tier 1 to

$120,000

12.8

2. Eliminate behavior assistance services in

standard &

    behaviorally focused group homes

4.0

3. Reduce Consumer Directed Care Plus (CDC+) by 10%

3.3

4. Eliminate ADT & other services & create a flexible

benefit service

113.9

5. Consolidate durable & consumable medical equip.

0.9

6. Other reductions

2.6

On February 17, Agency for Persons with Disabilities

Director Jim DeBeaugrine was required to present a 15 percent budget

cutting exercise to a Senate committee. DeBeaugrine stated that he did

not recommend any of the reductions to the agency's budget. He was quoted

in the media in a column by Jim Saunders with Health News Florida:

" Nevertheless, Jim DeBeaugrine, director of

the state Agency for Persons with Disabilities, made clear Wednesday that

he didn't want to have to carry out the cuts he proposed to the Senate

committee. After a lawmaker asked about the effects of one proposed cut

dealing with programs that developmentally disabled people attend during

the day, " DeBeaugrine replied, 'In all honesty, it would be very

drastic. "

The

elimination of Adult Day Training (ADT) and the other services grouped

with it (Item 4) represents a 62% cut for these services. The other

services include respite care, supported employment, supported living,

and companion services. If enacted, this cut will affect 24,000 of the

29,000 people now being served under the waiver. Despite the creation of

a flexible benefit service that individuals, parents and guardians can

use to continue some of these services, the reality is that there will be

only 38% of the money originally devoted to these services left to pay

for them.

This

is troubling because not only will there be more individuals idle during

the day, but the two services that make up the very existence of

independent living, supported living and supported employment, will be

dramatically reduced, possibly threatening the existence of that living

option. Also, while it is nice to have a flexible benefit, the reality is

that the integrity of each of the services that make up this benefit will

be eliminated as a stand-alone service.

Putting

a cap on Tier One will effectively force some individuals into

residential services and the elimination of behavioral assistance will

affect some group homes dramatically, threatening their existence.

The

Florida Developmental Disabilities Council has taken a position to avoid

further cuts in waiver dollars and services (Link

to FDDC position). Please

call your Senators and Representatives (Link

to Legislature) and members

of the House and Senate Appropriations Committees and let them know your

opinion. (Link

to committees)

Protect Early Steps,

Florida's Part C Program

Early Steps is administered by Children's

Medical Services (CMS) in accordance with the Individuals with

Disabilities Education Act (IDEA), Part C.

Early Steps, which serves children from

birth to 36 months who have a developmental delay, or a condition that

places them at risk for developmental delays, provides Florida's infants

and toddlers early-intervention services and supports intended to improve

children's chances to develop to their full potential by achieving

specific developmental milestones. These milestones are essential to the development

of a child's ability to learn, speak, and move at critical periods that

research shows lead to optimal abilities in later life.

In 2008-09, Florida provided these critical

early-intervention services to 41,940 children.

For

the 2010-11 fiscal year, a projected shortfall of about $4.5 million

dollars could jeopardize the federal government's ability to provide a

grant to Florida.  The shortfall would result in a loss of funding from

the state to continue a meaningful program, and the state could lose this

$54 million early- intervention program.

Research has proven that the biggest impact

on a child's health and functioning is in the child's early years.

Longitudinal studies have documented the savings to society in the long

run by taking care of our youngest citizens now.

The Council encourages lawmakers to

adequately fund the Part C Early Steps program to effectively serve all

children with a developmental delay.

We will be contacting members of the Health

and Human Services Appropriations Committee in the Senate and the Health

Care Appropriations Committee in the House (Link

to committees)and we will let

them know that the state needs 4.5 million dollars to maintain Early

Steps at the current level or risk losing our federal grant to provide

services critical to the health and functioning of all children ages 0-36

months  who have a developmental delay.

Intentional Communities

Senator

Altman and Representative Stargel have filed identical bills, SB 1166 and

HB 645, that would do the following:  eliminate the 1,000 foot rule for

group homes within a planned residential community for individuals with

developmental disabilities; allow the local government to consider

certain criteria, such as land use, zoning and building codes, in

determining approval of the community; prohibit local government from

considering the proximity of the group homes in the community; and

requires that rulemaking for the Agency for Persons with Disability not

limit the number of group homes that can be located in the planned

residential community.    The Senate bill was heard and passed in the

Senate Community Affairs Committee on Tuesday, February 16th.

The

Florida Developmental Disabilities Council invested a considerable amount

of effort this past summer learning about this issue, including listening

to families who want planned residential communities (also referred to as

intentional communities), learning about intentional communities,

visiting an intentional community in Florida, and gaining an

understanding of the implication of state and federal requirements on

intentional communities.    We recognize that the current living

arrangements for adults with developmental disabilities who wish or need

to live outside of their families' homes often do not adequately provide

for safety, social connections, full belonging in the community,

affordable housing, ability to move about their neighborhood freely,

continuity, and life- long sustainability.  The Council adopted a

position (Link

to FDDC position) that

included its acknowledgement that intentional communities, designed to

meet the unique needs of individuals with developmental disabilities, can

offer a framework for creating greater choice of living arrangements; for

bringing together the community supports and services to address many of

the current issues; for enhancing choice, control, and responsibility in

all aspects of life; and for maintaining full inclusion in the community.

While

acknowledging the potential benefits intentional communities can offer,

the Council also strongly supports the values that have been inherent in

the intent of the federal Home and Community Based Waiver funds.  The

Council therefore believes that Waiver funds should be used for Intentional

Communities when the following characteristics are present: 

·

Provides for housing options only - no

workshops, day training, or common dining is provided on-site;

·

Ensures easy access to the broader

community;

·

Encourages the broader community to come

into the Intentional Community;

·

Ensures that individuals with

developmental disabilities create their own daily schedules and

activities;

·

Ensures that individuals with

developmental disabilities choose their own supports and providers;

·

Offers housing that is affordable; 

·

Provides special safety features; and

·

Includes residents who are both

individuals with disabilities (i.e., developmental disabilities and other

disabilities) and individuals without disabilities in a sufficient mix so

as not to create a segregated community.

The Florida Developmental Disabilities

Council is working with other organizations to amend the House and Senate

bills to require through rulemaking the presence of these characteristics

when wavier funds are used in Planned (or intentional) communities.   The

Council is concerned that community integration, independence, choice in

daily living, and full access to community services as intended with

Waiver funds will be jeopardized without such requirements.

SB

1166 - Relating

to Community Residential Homes by Altman

Co-Sponsors:

Storms

Summary

This

bill prohibits rules adopted by the Agency for Persons with Disabilities

from restricting the number of facilities designated as community

residential homes located within a planned residential community. The

bill also defines the term " planned residential community " and

provides that community residential homes located within a planned

residential community may be contiguous to one another and exempt from

the 1000 foot rule. The 1000 foot rule states that group homes that have

six beds or less may not be within 1000 feet of each other. EFFECTIVE DATE:

07/01/2010.

Committees of Reference

Community

Affairs and Children, Families, and Elder Affairs

Actions

01/21/10

SENATE   Referred to Community Affairs; Children, Families, and Elder

Affairs

02/16/10

SENATE   Favorable by Community Affairs; 10 Yeas, 0 Nays

Identical Bills

HB 0645 -

Relating to Community Residential Homes by Stargel

Actions

01/28/10 HOUSE Referred to

Military & Local Affairs Policy Committee; Health Care Services

Policy Committee; Economic Development & Community Affairs Policy

Council

SB1388 - Relating to Intellectual Disabilities

by Haridopolos

Summary

This

bill amends provisions in statute by substituting the term

" intellectual disability " for the term " mental

retardation. " The bill revises definitions relating to intermediate

care facilities for the developmentally disabled to delete unused terms.

The bill also provides that the name Arc of Florida is substituted for

the Association for Retarded Citizens. This bill is a " reviser

bill " . It provides a directive to theDivision of Statutory Revision.

EFFECTIVE DATE: 07/01/2010.

 Committees of Reference

Children,

Families, and Elder Affairs, Criminal Justice, Judiciary, Health and

Human Services Appropriations

Actions

01/26/10

SENATE   Filed

HB

81 - Relating to Use,

Prevention, and Reduction of Seclusion and Restraint on Students with

Disabilities in Public Schools Sponsor(s)

by

Hukill Cosponsors: , Brandenburg, Burgin, , Fresen,

Glorioso, , Heller, Hudson, Jenne, Kiar, Llorente, McBurney,

Nehr, Pafford, Planas, Porth, Precourt, Sachs, Schenck, Schultz,

Schwartz, Skidmore, Soto, Stargel, Steinberg, Tobia, (T), Zapata

Summary

This

bill provides that manual physical restraint shall be used only in an

emergency when there is imminent risk of serious injury or death to the student

or others; it provides restrictions on the use of manual physical

restraint and prohibits the use of manual physical restraint by school

personnel who are not trained and certified to use district-approved

methods for applying restraint techniques. The bill prohibits school

personnel from placing a student in seclusion and provides requirements

for use of time-out. It requires schools to prepare an incident report

after an occasion of student restraint and also requires development and

revision of school district policies and procedures. The Council has

taken a position supporting this legislation(Link to FDDC Position) Effective Date: July 1,

2010

Committees of Reference

PreK-12

Policy Committee, Health Care Services Policy Committee, PreK-12

Appropriations Committee, Education Policy Council

Actions

08/20/09

HOUSE Filed

10/01/09

HOUSE Referred to PreK-12 Policy Committee; Health Care Services Policy

Committee; PreK-12 Appropriations Committee; Education Policy Council

 HOUSE  

Now in PreK-12 Policy Committee

Similar Bills

SB 2118 -

Relating to Students with Disabilities/Seclusion/Restraint by Gardiner

03/01/10

SENATE Referred to Education Pre-K - 12; Children, Families, and Elder

Affairs; Education Pre-K - 12 Appropriations

 

SB

2038 - Relating

to Medicaid Buy-in Program/Persons with Disabilities by Crist

Summary:

The bill provides for

Medicaid eligibility for certain persons with disabilities under a

Medicaid buy-in program, subject to specific federal authorization. The

proposed Work Incentive Medicaid Coverage program would continue to offer

Medicaid coverage to people with disabilities who are working. Once they

enrolled in the program they would have the opportunity to earn more and

save more than the allowable limits for regular Medicaid and still retain

their health care coverage through the State's Medicaid Program. The bill

requires the Department of Children and Family Services to adopt rules

for determining eligibility. The bill also directs the Department of

Health to perform all disability determinations. Finally, the bill

requires the Agency for Healthcare Administration to seek amendments to

specified Medicaid waivers for certain persons with disabilities. The

Council supports this legislation (Link to FDDC Position) EFFECTIVE DATE: 07/01/2010.

Committees of Reference

Health

Regulation, Children, Families, and Elder Affairs, Health and Human

Services Appropriations; Policy and Steering Committee on Ways and Means

Actions

02/16/10

SENATE Filed

03/01/10

SENATE Referred to Health Regulation; Children, Families, and Elder

Affairs; Health and Human Services Appropriations; Policy & Steering

Committee on Ways and Means 

Similar Bills

HB 0837 -

Relating to Medicaid Buy-in for Persons with Disabilities by Homan

02/10/10

HOUSE Referred to Health Care Regulation Policy Committee; Health Care

Appropriations Committee; Health & Family Services Policy Council

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