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CDCAN DISABILITY RIGHTS REPORT
#229-2010 – DECEMBER 2, 2010 – THURSDAY
CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK: Advocacy Without Borders: One Community – Accountability With Action - California Disability Community Action Network Disability Rights News goes out to over 55,000 people with disabilities, mental health needs, seniors, traumatic brain & other injuries, veterans with disabilities and mental health needs, their families, workers, community organizations, including those in Asian/Pacific Islander, Latino, African American communities, policy makers and others across California.
To reply to this report write: MARTY OMOTO at martyomoto@rcip.com WEBSITE: www.cdcan.us TWITTER: www.twitter.com - “MartyOmoto”
REMEMBERING THE LIFE AND WORK OF LAURA HERSHEY
Upcoming Public Meetings & Hearings:
GOVERNOR-ELECT BROWN WILL HOST STATEWIDE BUDGET FORUM NEXT WEEK TO FOCUS ATTENTION ON STAGGERING ON-GOING BUDGET DEFICITS
Legislature Set to Meet December 6th To Swear In Newly Elected Members and Also Meet In Special Session Called by Governor – Legislature Not Expected To Act On Schwarzenegger’s Mid-Year Budget Cuts Proposals – Medicaid Section 1115 Waiver Stakeholder Meeting 12/8 – Also Special Update Meeting on “Dual Eligibles” Also on 12/8
SACRAMENTO, CALIF (CDCAN) [Updated 12/02/2010 Thursday 4:00 PM (Pacific Time)] - Faced with a staggering projected State budget deficit of over $25 billion – and on-going projected shortfalls of $20 billion or more for the next several years, Governor-elect Jerry Brown will host a series of statewide budget forums beginning on December 8th, to focus public attention on the seriousness of the crisis and the drastic choices Californians will be confronted with in the coming months and years in order to solve it.
The budget forums are part of a larger effort to educate the public and legislators by the new incoming Governor on the overwhelming dimensions of the worst economic crisis in California’s history since the Great Depression, and will include sending a proposed budget to the Legislature in January that a Brown spokesman said would be without “smoke and mirrors” that will show exactly what it will mean to “live within our means” without raising revenues.
First Statewide Budget Forum December 8th in Sacramento
The first of possibly three statewide budget forums will is scheduled to be held next week, December 8th, Wednesday in Sacramento at the Memorial Auditorium on J Street between 15th and 16th Streets.
No time or agenda has yet been officially announced. The Governor-elect, who takes office on January 3rd (Monday), is expected to involve legislative leaders from both parties and invite legislators, who are returning to the State Capitol on December 6th (Monday) for is expected to be a one day session to swear in newly elected members. Other budget forums hosted by Governor-elect Brown not yet scheduled or announced, may possibly focus on education budget issues and another on health and human service budget issues, which includes services and programs that would impact children and adults with disabilities, mental health needs, the blind and seniors.
All of the budget forums are expected to be public and open to media, including possibly live webcasts – though nothing officially has been announced.
While the details of the agenda or purpose of budget forums are not yet available, or whether or not the general public and others will be able to attend and participate, Sterling Clifford, spokesman for the Governor-elect said that Brown “…wants to force the Legislature and the public to really confront how bad the situation is…But he won't be talking solutions yet,” and to submit a budget plan in January “…without smoke and mirrors.”
The budget forum next week will be the first public event – other than a couple of press conferences – that Brown will hold since his election on November 2nd.
The budget forum is scheduled two days after the Legislature returns to Sacramento to swear in newly elected members, and to officially elect their legislative leaders for the 2011-2012 Legislative Session. Statewide elected officials, like the Governor-elect – don’t take office until January 3rd (Monday).
Outgoing Governor Schwarzenegger Will Call Special Session – But No Action Expected
Outgoing Governor Arnold Schwarzenegger said in November that he would call a special session of the Legislature and declare a “fiscal (or budget) emergency” that sets a 45 day deadline for the Legislature to respond with a bill or bills. Schwarzenegger intends to submit the Legislature on Monday a package of proposals to address about $6 billion of the over $25 billion projected deficit that are expected to include previously proposed massive reductions and cuts in spending that the Legislature previously rejected.
At this point, it is expected that the Legislature – controlled by Democrats – are almost certain to ignore those proposals and instead wait for the budget plan that Brown will be submitting on or by January 10th (the date in the State Constitution that requires a governor to submit a proposed State budget).
Next Steps
· Brown, when he assumes office January 3rd, is expected to propose a spending plan on or by January 10th, for the State budget year that begins July 1, 2011 and ends June 30, 2012.
· The over $25 billion projected deficit includes a projected shortfall in the current State budget year that ends June 30, 2011 of over $6 billion – and another $19 billion for the 2011-2012 State Budget year.
· Both Governor Schwarzenegger (on December 6th) and Brown (in January) will propose likely massive spending cuts for the Legislature to consider and act on in January to take effect immediately – referred to as “mid year budget cuts” in order to address the $6 billion part of the budget hole.
· The Legislature – controlled by Democrats – is not likely to act on any of Schwarzenegger’s proposals for mid-year budget cuts – and instead will likely wait until January when Brown assumes office and will submit his proposals to close the immense budget deficit. [Note: CDCAN will issue an Action Alert later today to organize rallies and other events to bring hundreds of people to the State Capitol to attend and testify at any budget hearings in January and February, including those impacting rights under the Lanterman Developmental Disabilities Services Act, California’s civil rights act for people with developmental disabilities]
Section 1115 Waiver Will Result in Sweeping Changes to Medi-Cal Program – Stakeholder Committee Meeting December 8th - Dual Eligibles Update Meeting Set for 12/8 1:30 to 2:30 PM Will Follow
Also scheduled for December 8th , as previously reported last week, is a very important meeting of the Medicaid Section 1115 Waiver Stakeholder Advisory Committee on the latest status of the Medicaid proposal submitted by California earlier this year that the federal government approved November 2. That proposal will – when fully implemented – result in sweeping changes to the State’s Medi-Cal program, impacting hundreds of thousands of children and adults with disabilities – including developmental disabilities – people with mental health needs, the blind and seniors across the State.
Persons who are considered “dual eligible” for both Medicare and Medicaid (called Medi-Cal in California) were part of the original proposal submitted to the federal government – but due to changes resulting from the health care reform act and other issues, will be phased in at a later point in the California Section 1115 waiver. The Department of Health Care Services has scheduled a special update on the status of “dual eligibles” in a special meeting that people can attend in person or participate by toll free phone, on December 8th December 8, 2010, from 1:30 to 2:30 PM in Room 202 at the Sacramento Convention Center, 1400 J Street. Toll free line is: 1-866-510-8148 Participant code 9914397 . See below for details about this meeting.
“Section 1115” refers to a specific section of the federal Social Security Act - the law that Medicaid falls under – which allows the federal government to authorize a state to try out an idea in a demonstration project, waiving existing Medicaid rules that otherwise would not allow it. The only catch is that the demonstration project cannot cost more Medicaid dollars (referred to as “budget neutrality”) then if there was no waiver in place.
The proposal that California submitted was authorized as part of the 2009-2010 State Budget as revised in July 2009. The Schwarzenegger Administration proposed the renewal and expansion of the existing Medicaid Section 1115 (which largely dealt with hospital financing issues), that was due to expire in August 2010 – and to expand it to cover hundreds of thousands of people with disabilities, mental health needs, the blind and seniors among other populations.
The Legislature passed in the closing days of the 2009-2010 Legislative session in August (after holding hearings earlier), two bills – SB 208 by Senate President Pro Tem Darrell Steinberg (Democrat – Sacramento) and AB 342 by Assembly Speaker John Perez (Democrat – Los Angeles), that added certain other requirements to the waiver proposal. The Governor signed those two bills into law – which were part of the 2010-2011 State Budget in October.
The Schwarzenegger Administration pushed the renewal and dramatic expansion of the Medicaid Section 1115 Waiver proposal saying it would be a way to contain and control dramatically rising costs in the Medi-Cal program specifically among the population of people with disabilities and seniors – the population that the State says most of the Medi-Cal program dollars are spent. The Schwarzenegger Administration has said that the waiver proposal will also result in better quality health care.
Many advocates for people with disabilities, mental health needs, the blind and seniors however remain deeply concerned – or in some cases, outright opposed – to all or certain parts of the approved proposal.
For more information about the waiver and to view documents including the proposal, various presentations and reports, go to the Department of Health Services website specifically on the Medicaid Section 1115 waiver proposal at:
http://www.dhcs.ca.gov/provgovpart/Pages/WaiverRenewal.aspx
CDCAN SUMMARY OF UPCOMING PUBLIC MEETINGS AND HEARINGS:
The following is an updated listing of major public meetings or hearings that will or could have impact on people with disabilities, mental health needs, the blind, seniors, their families, community organizations, facilities, and workers who provide or coordinate services and supports, including a what will likely be a series of 3 statewide budget forums hosted by Governor-elect Jerry Brown, the first one scheduled for December 8th, Wednesday.
All these public meetings and hearings scheduled this week and beyond – in date order that have some impact (indirect or direct) to infants, children and adults with disabilities (including developmental), mental health needs, people with traumatic brain and other injuries, veterans with disabilities and mental health needs, people with MS, Alzheimer’s disease and disorders, the blind, seniors, state and local government agencies, community organizations, facilities and individual workers who provide supports and services.
Please note that the various designations of the “priority” of the meetings listed is not a forecast of the importance of what will actually be discussed or is on the agenda of a particular meeting – but an indication that this particular legislative haring or committee or commission meeting could or should be at a certain level of importance or relevance to advocates – including critical issues not on an official agenda):
DECEMBER 6, 2010 – MONDAY
CALIFORNIA LEGISLATURE
TIME AND PLACE: 12 noon – State Capitol – Senate and Assembly Chambers
WHAT: Newly elected members sworn into office and official convening of the first day of the 2011-2012 Legislative session – and the official convening of the special session of the new Legislature to deal with the budget crisis called by Governor Arnold Schwarzenegger.
CDCAN COMMENT: Normally, the first day of the new Legislative session is fairly brief, consisting of swearing in new members elected the previous November – and officially electing officers (such as the Assembly Speaker, the new Assembly Majority and Minority – Republican – Leaders ) in the Assembly and officers (such as the President Pro Tem, the new Senate Majority and Minority – Republican - Leaders ) in the State Senate. While some new committee chairs have been previously announced – and more could be announced on this day, the bulk of the new committee chair and committee assignments will likely be announced in January and perhaps not completed until early February. The Legislature will – as required by the State Constitution – convene the first special session of the 2011-2012 Legislative Session as called by Governor Schwarzenegger regarding the budget crisis, with the State facing a staggering $25.4 billion projected budget shortfall – over $6 billion projected by June 30, 2011 unless the Legislature and Governor act.
However the Legislature – controlled by Democrats – will not likely take any specific action on the crisis until next month, when the new governor – Jerry Brown – assumes office the first week of January. That could change if State Controller John Chiang reports in early December of an imminent cash crisis where the State would be unable to pay its bills – the main reason which underscored the urgencies and resulting major cuts made in the special sessions in late 2008 and early 2009 and in July 2009.
PRIORITY: HIGH
DECEMBER 8, 2010 – WEDNESDAY
***NEW***GOVERNOR-ELECT JERRY BROWN – STATEWIDE BUDGET FORUM
WHEN: December 8, 2010 - Wednesday
TIME: Not yet announced
WHERE: Not yet officially announced, but likely the Sacramento Memorial Auditorium on J Street (between 15th and 16th Streets) in Sacramento. [other statewide budget forums likely in Los Angeles that may focus on education, and in the San Francisco Bay Area, that may focus on health and human services – though no dates or details are yet available]
TOLL FREE LINE: No information available yet
WEBCAST INFORMATION: No information available yet (all budget forums will likely be open to media, with live telecasts)
AGENDA: No information available yet
WHO THIS IMPACTS: All Californians, but expected to be hard hit with massive spending reductions are those impacted by health and human service programs critical for infants, children and adults with disabilities (including developmental), people with mental health needs, the blind, the deaf, seniors, people with MS, Alzheimer’s Disease and other disorders, people with traumatic brain and other injuries, all their families, state and local government agencies, community organizations, facilities and workers who provide or coordinate or advocate for supports and services.
CDCAN COMMENT: The format of the budget forum – expected to be one of at least three across the state – is not known yet. This is not a budget hearing and public testimony is not likely – at least not in the same way that it is done in regular legislative budget hearings. Governor-elect Brown is not expected to release any details of what his proposed budget plan will be when he submits it to the Legislature by or on January 10th.
PRIORITY: VERY HIGH
DECEMBER 8, 2010 – WEDNESDAY
***NEW***CALIFORNIA COMMUNITY CHOICES ADVISORY COMMITTEE PUBLIC MEETING
WHEN: December 8, 2010 – Wednesday morning
TIME: 09:00 AM to 3:00 PM
WHERE:
Department of Rehabilitation
721 Capitol Avenue [between 7th and 8th Streets]
1st Floor Conference Room
Sacramento, CA 95814
TOLL FREE LINE: 1.877.468-2134 Passcode: 154135
WHAT: California Community Choices Advisory Committee
AGENDA
Public Comment will be invited throughout the meeting.
1. Welcome/Introductions – June Simmons
2. Project Director Report – Karol Swartzlander
- Update on Choices Project Activities
- Overview of New ADRC [Aging and Disability Resource Center] Affordable Care Act Grants and Timeline
3. Overview of Draft Data Warehouse Study Report – Kate Wilber and David Zingmond (by phone)
4. LTC [Long Term Care] Financing Study Report – Monique Parrish, facilitator
Report authors Bob Mollica and Les Hendrickson will be available to provide technical assistance by phone.
- Map out Committee contact with interested stakeholders (associations, local organizations, etc.) – local dissemination strategy
- Prioritize report recommendations for consideration by new Administration
5. Olmstead Advisory Committee Update – Megan Juring
Working Lunch (Break - 15 minutes)
6. Choices Evaluation Report – Howard Twomey
7. ADRC [Aging and Disability Resource Center] Sustainability Discussion – Monique Parrish, facilitator
- Continue discussion of leveraging federal and state opportunities/initiatives for ADRC sustainability.
* 1115 Waiver Overview Presentation – Gregory Franklin
- Strategize to increase awareness and interest in establishing ADRC partnerships.
* Why ADRCs and Why Now?
* What do local organizations (AAAs/ILCs) [Area Agencies on Aging/Independent Living Centers] need to know to advance the ADRC vision in their communities?
* Discuss how state agencies (Aging, Rehabilitation, State Independent Living Council, Health Care Services, etc.) could help support ADRC expansion in California.
8. Advisory Committee Participation – Post Choices Project Opportunity
9. Summary and Wrap Up
REASONABLE ACCOMMODATIONS: In consideration of attendees who are sensitive to environmental odors created by chemicals and perfumes, please restrict the use of fragrances at this meeting. If disability-related accommodations are required or materials are needed in alternate formats, please contact Karol Swartzlander at (916) 651-6693, TTY (916) 558-5807, or at kswartz2@chhs.ca.gov at least five days prior to the meeting date.
QUESTIONS ABOUT THIS MEETING: Contact Karol Swartzlander at (916) 651-6693, TTY (916) 558-5807, or at kswartz2@chhs.ca.gov
WHO THIS IMPACTS: Children and adults with disabilities – including those with developmental disabilities, people with mental health needs, the blind, seniors currently in the Medi-Cal program or those who are seeking eligibility in the coming years, their families; counties that determine eligibility; community organizations who provide organized systems of care currently; community organizations, facilities and workers who provide supports and services
CDCAN COMMENT: California Community Choices is an initiative (or project) of the California Health and Human Services Agency (CHHS), and was formed in 2006 in partnership with the California Institute on Human Services, the California Health and Human Services Agency Olmstead Advisory Committee, and other stakeholders.
In September 2006, the federal Centers for Medicare and Medicaid Services (CMS) awarded California a “Real Choice Systems Change Grant” to support the California Community Choices project. An 18-member Advisory Committee comprised of consumers, advocates and providers representing persons with disabilities and older adults was established to advise the Calfiornia Health and Human Services Agency on development of the project and to monitor project activities and represents an important component of the State’s implementation and compliance of the landmark 1999 US Supreme Court “Olmstead v. Lois Curtis and Elaine Wilson Decision” .
For more information about the California Community Choices project, go to their website at: http://communitychoices.info/
PRIORITY: VERY HIGH
DECEMBER 8, 2010 - WEDNESDAY
MEDICAID SECTION 1115 STAKEHOLDER ADVISORY COMMITTEE PUBLIC MEETING
WHEN: December 8, 2010 – Wednesday morning
TIME: 09:30 AM to 12:30 PM
WHERE:
Sacramento Convention Center
1301 L Street, Room 204 [13th and L Streets near State Capitol]
Sacramento, CA 95814-3900
TOLL FREE LINE: NONE yet announced or listed
WHAT: This will be the 7th public meeting of the full Medicaid Section 1115 Stakeholder Advisory Committee (the first one was held January 7, 2010 and the most recent one was held September 29th)
AGENDA
Each section of the agenda will include a short presentation followed by comments, questions and discussion with the Stakeholder Advisory Committee. Public Comment will occur at the end of each meeting. Each meeting will begin and end on time.
09:30 – 09:35 AM Welcome and Introductions and Purpose of Today’s Meeting Bobbie Wunsch, Pacific Health Consulting Group
09:35 – 10:00 AM
Opening Comments - Kim Belshe, Secretary, CHHS [California Health and Human Services Agency]
10:00 – 10:30 AM
Update on CMS [Centers on Medicare and Medicaid Services – the federal agency that oversees nationwide both programs] Waiver Approval and Special Terms and Conditions David Maxwell-Jolly, Director, DHCS
10:30 – 10:45 AM
Update on Implementation Efforts on SPDs, [Seniors and Persons with Disabilities], LIHP [Low Income Health Program] and CCS [California Children Services] - Gregory Franklin, DHCS [Department of Health Care Services] and Tanya Homman, DHCS
10:45 – 11:45 AM
Small Groups Discussions on SPD Enrollment and LIHP (Coverage Initiative) Expansion
· SPD [Seniors and Persons with Disabilities] Enrollment Discussion led by SAC Member Elizabeth Landsberg
· LIHP [Low Income Health Program] Expansion Discussion led by SAC [Stakeholder Advisory Committee] Member Kelly Brooks
11:45 – 12:15 PM
Cost Neutrality in the [Medicaid Section 1115] Waiver - David Maxwell-Jolly and Gregory Franklin
12:15 – 12:25 PM
Public Comment Time
· 1 Comment per person and per organization
· Comments limited to 1 minute only
12:25 – 12:30 PM
Next Steps and Next Meetings and Adjourn - Bobbie Wunsch, Pacific Health Consulting Group
WHO THIS IMPACTS: Children and adults with disabilities – including those with developmental disabilities, people with mental health needs, the blind, seniors currently in the Medi-Cal program or those who are seeking eligibility in the coming years, their families; counties that determine eligibility; community organizations who provide organized systems of care currently; community organizations, facilities and workers who provide supports and services
CDCAN COMMENT: Hopefully there will be a toll free phone line available – as there was for the other public meetings of the Stakeholder Advisory Committee – that will allow public comment over the phone. This will be the first meeting of the stakeholder committee since the federal government approved California’s Medicaid Section 1115 Waiver proposal in November. A special update meeting on the status of dual eligibles (persons eligible for both Medi-Cal and Medicare) in the Section 1115 Waiver will follow this meeting at 1:30 PM – see below.
PRIORITY: VERY HIGH
DECEMBER 8, 2010 – WEDNESDAY
***NEW***MEDICAID SECTION 1115 – DEPARTMENT OF HEALTH CARE SERVICES (DHCS) DUAL ELIGIBLES INFORMATIONAL PLANNING UPDATE PUBLIC MEETING
WHEN: December 8, 2010 – Wednesday morning
TIME: 1:30 to 2:30 PM
WHERE:
Sacramento Convention Center
1400 J Street, Room 202 [13th and L Streets near State Capitol] ***this is different room from Stakeholder Advisory Committee meeting that is scheduled before this meeting***
Sacramento, CA 95814-3900
Parking is available at the corner of 13th and J Streets (across from the Sheraton Hotel) at the AMPCO Garage or at the Memorial Garage at 14th and H Streets.
TOLL FREE LINE: 1-866-510-8148 Participant code 9914397
WHAT: This will be the 7th public meeting of the full Medicaid Section 1115 Stakeholder Advisory Committee (the first one was held January 7, 2010 and the most recent one was held September 29th)
AGENDA
No agenda released yet
WHO THIS IMPACTS: Children and adults with disabilities – including those with developmental disabilities, people with mental health needs, the blind, seniors currently in the Medi-Cal program or those who are seeking eligibility in the coming years, their families; counties that determine eligibility; community organizations who provide organized systems of care currently; community organizations, facilities and workers who provide supports and services
CDCAN COMMENT: The Department of Health Care Services on their waiver renewal website said that this was a special meeting DHCS [Department of Health Care Services] Dual Eligibles Informational Planning Update for all interested persons (stakeholders). Department of Health Care Services staff and consultants will provide updates on how planning for “dual eligibles” is progressing in the State’s Medicaid Section 1115 Waiver proposal that the federal government approved in November.
PRIORITY: VERY HIGH
DECEMBER 9, 2010 – THURSDAY
CALIFORNIA COMMISSION ON DISABILITY ACCESS (CCDA)
WHEN: December 9, 2010 – Thursday
TIME: 10:00 AM to 4:00 PM
WHERE:
Department of Consumer Affairs
1625 North Market Blvd – First Floor Hearing Room
Sacramento, CA 95834 (in North Natomas area of Sacramento)
WEBCAST ACCESS: http://www.dca.ca.gov/stream/audiocast.asx
TOLL FREE TELEPHONE NUMBER: 1-877-953-8408
PARTICIPANT PASSCODE: 2698
AGENDA:
Notice is hereby given that the California Commission on Disability Access (CCDA) will hear, discuss, deliberate and/or take an action upon the following items listed in this notice. The public is invited to attend and provide their input or comments.
1. Call to Order/ Roll Call/ Pledge of Allegiance/Housekeeping Items
2. Comments from the Public on Issues not on this Agenda: The Commission will receive comments from the public at this time on matters not on the agenda. Matters raised at this time may be briefly discussed by the Commission and/or placed on a subsequent agenda.
3. General Business Items
a. Staffing
i. Executive Director position
ii. Staff Services Analyst & Executive Assistant
b. Space and services
c. CCDA [California Commission on Disability Access] “By-Laws”
d. Accessible websites for California state agencies
e. Discussion responsibility of and oversight by “sister agencies” in matters such as the Cal Trans building located in Los Angeles
4. Budget
a. Fiscal Year 2010/2011 budget
b. Status of Budget Change Proposal (BCP) for Fiscal Year 2011/2012
c. Contracts with Department of General Services (DGS)
5. Committees
a. Committee Meeting Dates
b. Committee Reports by Committee Chairpersons
* Accessibility Checklist Committee
* Administration Committee
* Accessibility Enhancement Committee
* CASP [Certified Access Specialist Program] & Education Committee
* Civil Enforcement Committee
6. Disabled Access Legislative and Regulatory Developments
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