Lawmake returns

Igot the fellowing email last night

CDCAN DISABILITY RIGHTS REPORT

#230-2010 – DECEMBER 5, 2010 – SUNDAY

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”





California Budget Crisis:

LEGISLATURE RETURNS TO STATE CAPITOL MONDAY AFTERNOON UNDER SHADOW OF $25 BILLION DEFICIT & ON-GOING $20 BILLION SHORTFALLS

Outgoing Governor Schwarzenegger Will Hold 1 PM Press Conference On Special Session Proposals to Close At Least $6 Billion of the Deficit – Legislature Controlled by Democrats Almost Certain to Ignore Proposals and Wait Instead When Governor-Elect Brown Takes Over January 3rd – Massive Spending Cuts However Likely Even Under New Governor



SACRAMENTO, CALIF (CDCAN) [Updated 12/05/2010 Sunday 11:00 PM (Pacific Time)] - Facing an enormous over $25 billion projected State budget shortfall and ongoing staggering budget deficits of over $20 billion forecasted for the next several years unless action is taken, both the Assembly and State Senate will return to Sacramento Monday (December 6th) and reconvene at 12 noon in what will likely be a brief one day session to swear in newly elected members, formally elect their legislative leaders and then likely adjourn until January 3rd – the day Governor-elect Jerry Brown officially assumes office.



Schwarzenegger Will Issue Proclamation Calling Special Session on Budget Crisis and Declare “Fiscal Emergency” - Schedules 1 PM Press Conference on Monday

Meanwhile, outgoing Governor Arnold Schwarzenegger, who is governor until 11:59 PM Sunday night, January 2, 2011, will call the Legislature into special session to address the State budget crisis, and will release on Monday, a package of proposed spending cuts in the current State budget – sometimes referred to as “mid year reductions”.



Schwarzenegger will issue proclamations that will declare a budget or “fiscal emergency” under the State Constitution (amended into the Constitution by Proposition 58 approved by voters in March 2004) that gives the Legislature 45 days to pass and send a bill or bills to the governor responding to the crisis. If the 45 days pass, and the Legislature has not passed and sent a bill or bills to the governor addressing the crisis, the Legislature cannot adjourn (but can recess) or act on other bills until it does so.



Schwarzenegger, who has scheduled a 1:00 PM press conference on Monday (December 6th) about the special session, intends to submit to the Legislature a package of proposals to address about $6 billion of the over $25 billion projected deficit. Those proposals 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).



The Governor, however, in a radio address late last week, urged the Legislature to act, saying that “…the bottom line is with a $6 billion deficit we will have to make more cuts. It is simply unavoidable.”



Though he is in his final days as Governor, Schwarzenegger said “I took an oath to serve California until January 3rd, 2011 not until December. So why would I stop working in December? You cannot solve problems by waiting.”



“Now, many people have questioned my decision to call this special session given that it’s my last month of office. Some of the legislators have said they would prefer to wait until the next Governor. But every day of inaction the problem grows bigger and the cuts become more painful.



Schwarzenegger said that action now on the State budget crisis – at least dealing with the over $6 billion dollar hole in the current year State budget would help the new in-coming governor.



“Finally, I want to do everything I can to make the budget a little easier for the next Governor. Because we must do everything we can to have a good transition there. So I look forward to working with the legislators over the next few weeks and getting this done,” Schwarzenegger said.



Legislative Leaders Say Budget Crisis Highest Priority

Both Senate President Pro Tem Darrell Steinberg (Democrat – Sacramento, 6th State Senate District) and Assembly Speaker John Perez (Democrat – Los Angeles, 46th Assembly District) said last week that the highest priority for the Legislature was to deal with the State’s budget crisis.



Both leaders will be working with new Republican legislative leaders – Senate Republican Leader Bob Dutton (Republican – Rancho Cucamonga, 31st State Senate District) and Assembly Republican Leader Connie Conway (Republican - Tulare, 34th Assembly District) who have both indicated in previous statements that they wanted the Legislature to take swift action in spending reductions in order to permanently close the swelling and on-going budget gap.



As an example of the impact of term limits, Steinberg will be the most experienced of the Legislative leaders, though he has only served in that leadership position since the fall of 2008. Still, during that short time Steinberg has worked with 3 different Senate Republican Leaders, 4 different Assembly Republicans Leaders and 2 different Assembly Speakers, and in January, a different Governor (though Brown comes to the office as probably the most experienced person in the State’s history, in terms of the number of offices he has held).



Dutton is the third different Senate Republican Leader Steinberg will be working with (Dave Cogdill, was dumped as Senate Republican Leader during the floor session on the 2009-2010 State budget in February 2009 due to his vote in favor of temporary tax increases, replaced by Dennis Hollingsworth, who stepped down at the end of the 2010 legislative session due to term limits and was succeeded by Dutton).



Steinberg, since the fall of 2008, also has worked with 2 Assembly Speakers (Karen Bass up to February 2010, who was succeeded by Perez, who was first elected to the Assembly in 2008) and 4 Assembly Republican Leaders (Mike Villines who was forced out due to his vote in support of temporary tax increases, though stayed on until June 2009, replaced by Sam Blakeslee, who was succeeded by Martin Garrick in February 2010, who was ousted in part due to loss of a Republican Assembly seat and replaced in November 2010 by Connie Conway).



Governor-elect Brown Will Hold Budget Briefing December 8th

As reported last week, Governor-elect Jerry Brown will host a series of statewide budget briefings or forums, with the first one scheduled for December 8th, Wednesday, beginning at 10:00 AM in Sacramento at the Memorial Auditorium on J Street between 15th and 16th Streets.



The event is being held to focus public attention on the seriousness of the crisis and the drastic choices policymakers and Californians will be confronted with in the coming months and years to solve it.



The December 8th briefing or forum is not open to the general public and is by invitation only –it is expected that it will be televised live, and possibly also live webcasted. Other briefings or forums that may be scheduled in the coming weeks and may be open to the public, including possibly one on education in Los Angeles, and possibly in the Bay Area that could focus on health and human services, which includes services and programs that would impact children and adults with disabilities, mental health needs, the blind and seniors. No announcements however have been made on any additional budget briefing or forum except for the event scheduled for December 8th in Sacramento.



The outcomes from the briefing or forum may not be clear – though it will have the certain effect – intended or otherwise, of taking the spotlight on the budget crisis away from the Schwarzenegger, with only weeks left in office, and shifting it to the new incoming Governor.



A spokesman for the Governor-elect said last week that the briefing will involve legislative leaders from both parties and all legislators have been invited, along with other statewide elected officials.



While specific details of the agenda of the December 8th budget briefing or forum is not yet available, 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,” but that “…we want a discussion at least in part of how we got here…what kind of smoke and mirrors have been employed in the past? What are the temporary solutions that we’ve used before and why they won’t work this time…”



Clifford said that the briefing or forum will include a historical look at the state budget crisis and but that it was not an event ". to solve the budget deficit in one day…We want to make sure everyone is operating from the same set of facts. This is not a solve-the-budget meeting. This is a define-the-scope-of-the-problem meeting."



The December 8th budget briefing or forum will be the first public event – other than a couple of press conferences – for Brown since his election on November 2nd., though the Governor-elect has been at the State Capitol several times in private meetings with state officials and legislative leaders and staff on the State budget.



Next Steps

· Both Governor Schwarzenegger (on December 6th) and Brown (by January 10th ) 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 – however is almost certain not 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 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]

· Brown, when he assumes office January 3rd, will propose a spending plan – including budget cuts - on or by January 10th, for the State budget year that begins July 1, 2011 and ends June 30, 2012. That proposed State budget will likely contain proposals for massive spending cuts to address the over $6 billion shortfall projected for the current State budget year that ends June 30, 2011 – and also proposals for major cuts and likely the outline of a major shift in moving key State services to the counties to address the over $19 billion deficit projected for the State budget year that begins July 1, 2011 and ends June 30, 2012. Combined, the projected shortfalls for the current budget year and next year’s add up to over $25 billion.



LEGISLATIVE CALENDAR 2011-2012 SESSION (DECEMBER – FEBRUARY):

12/06 (Monday) - Legislature convenes for one day to swear in newly elected members. Will likely adjourn until January.

01/01 (Saturday) – Laws passed by the Legislature during the 2010 session (except “urgency” bills), take effect on this day

01/03 (Monday) – Legislature reconvenes. Statewide elected officials, including the Governor, Lt. Governor and others, officially take office on this day – though formal inauguration ceremonies could take place at later separate dates.

01/10 (Monday) – Proposed 2011-2012 State Budget must be submitted by the new Governor on or by this date to the Legislature (as required by the State Constitution)

01/21 (Friday) – Last day for legislators to submit bill drafting requests to the Office of the Legislative Counsel.

02/18 (Friday) – Last day for legislators to introduce bills (except for “urgency” bills)



CDCAN SUMMARY LEGISLATIVE & BUDGET MEETINGS

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.

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 convene the first special session of the 2011-2012 Legislative Session as called by Governor Schwarzenegger regarding the budget crisis.

However the Legislature – controlled by Democrats – is almost certain not to take any specific action on the crisis until next month, when the new governor assumes office January 3rd.

That could change if in the unlikely event that State Controller John Chiang reports this month 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 6, 2010 – MONDAY

GOVERNOR ARNOLD SCHWARZENEGGER PRESS CONFERENCE

TIME AND PLACE: 1:00 PM at the State Capitol (press room)

WHAT: Governor Schwarzenegger will hold press conference to talk about the special session of the Legislature and the proposals he is asking them to consider and pass to address at least $6 billion of the over $25 billion projected State budget deficit.

CDCAN COMMENT:

With only four weeks left in his term of office as governor, Schwarzenegger’s proposals – expected to be previously proposed – but rejected – spending cuts – is almost certain to be ignored by the Legislature that is returning for one day (December 6th) to swear in newly elected members.

The proposals by Governor Schwarzenegger are not being viewed by the Legislature or advocates as any indication of what the new incoming Governor Brown will end up proposing – though he could very well end up proposing some of those major spending cut proposals.

Even with the proclamation of a “fiscal emergency” under the State Constitution that sets a 45 day timeline requirement for the Legislature to pass and send a bill or bills to the Governor responding to the emergency, that deadline falls 2 weeks into the new Brown Administration.

The new incoming Governor can rescind and replace that proclamation – though there is no disagreement from the outgoing and incoming Governors on the severity and urgency of the budget crisis.

PRIORITY: HIGH



DECEMBER 8, 2010 – WEDNESDAY

GOVERNOR-ELECT JERRY BROWN – STATEWIDE BUDGET BRIEFING

WHEN: December 8, 2010 - Wednesday

TIME: 10:00 AM (not ending time has been released)

WHERE:

Sacramento Memorial Auditorium

1515 J Street [between 15th and 16th Streets]

Sacramento, California 95814

[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 briefings or 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 briefing or forum – expected to be one of at least three across the state – is not known yet.

Governor Schwarzenegger’s Department of Finance Director, Ana Matosantos, along with the non-partisan Legislative Analyst, Mac Taylor, will be participating and providing updates. All members of the Legislature and other statewide officers have been invited. The briefing or forum however, is not open to the general public, and no walk-in registration or entry will be allowed.

This is not a budget hearing and no public testimony will be taken at this event.

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.

Persons having questions about the briefing or forum can contact the California Department of Justice Conference Services Unit at (916) 445-6557.

PRIORITY: VERY HIGH



JANUARY 1, 2011 – SATURDAY

Bills (non emergency or “urgency” bills, which take effect immediately) passed by the Legislature in 2010 and signed into law by the Governor take effect on this day.



JANUARY 3, 2011 – MONDAY

CALIFORNIA LEGISLATURE

TIME AND PLACE: 12 noon – State Capitol – Senate and Assembly Chambers

WHAT: Reconvenes the 2011-2012 Legislative session – and also (likely) the special session originally called by Governor Schwarzenegger.

CDCAN COMMENT: Not much will likely happen on the first day of the new session – though the week itself will be filled with major events – including the public swearing in ceremonies of all the statewide elected officials, including Governor-elect Jerry Brown.

Also this week the new Governor is likely to address the Legislature formally in his first “State of the State” message – and then on January 10th, release his proposed 2011-2012 State Budget.

Governor-elect Brown officially takes office (Article 5 Section 2 of the State Constitution provides that the “…Governor shall be elected every fourth year at the same time and places as members of the Assembly and hold office from the Monday after January 1 following the election until a successor qualifies.” The ceremonial inauguration usually takes place later.

PRIORITY: N/A



JANUARY 10, 2011 – MONDAY

Governor is required to submit a proposed State budget (in this case for the State budget year that begins July 1, 2011 and ends June 30, 2012) on this day for the Legislature to consider.



VERY URGENT!!!!!

PLEASE HELP CDCAN CONTINUE ITS WORK!!!

DECEMBER 5, 2010 – YOUR HELP IS NEEDED



CDCAN Townhall Telemeetings, reports and alerts and other activities cannot continue without your help. To continue the CDCAN website, the CDCAN News Reports. sent out and read by over 50,000 people and organizations, policy makers and media across California and to continue the CDCAN Townhall Telemeetings which since December 2003 have connected thousands of people with disabilities, seniors, mental health needs, people with MS and other disorders, people with traumatic brain and other injuries to public policy makers, legislators, and issues.



Please send your contribution/donation (make payable to "CDCAN" or "California Disability Community Action Network):



CDCAN

1225 8th Street Suite 480 - Sacramento, CA 95814

paypal on the CDCAN site is not yet working – will be soon.



MANY, MANY THANKS TO EMMANUEL (NOW IN FRANCE!), BOB BENSON, EASTER SEALS OF SOUTHERN CALIFORNIA , the Pacific Homecare Services, California Association of Adult Day Health Centers, Valley Mountain Regional Center, Toward Maximum Independence, Inc (TMI), Friends of Children with Special Needs, UCP of Los Angeles, Ventura and Santa Barbara Counties, Southside Arts Center, San Francisco Bay Area Autism Society of America, Hope Services in San Jose, FEAT of Sacramento (Families for Early Autism Treatment), RESCoalition, Sacramento Gray Panthers, Bill Wong, Easter Seals of Southern California, Tri-Counties Regional Center, Westside Regional Center, Regional Center of the East Bay, UCP of Orange County, Alta California Regional Center, Life Steps, Parents Helping Parents, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Training Toward Self Reliance, UCP, California NAELA, Californians for Disability Rights, Inc (CDR) including CDR chapters, CHANCE Inc, , Strategies To Empower People (STEP), Harbor Regional Center, 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, adoption assistance program families and children, and others across California.

Week of Dec 6 meetting

I will go rigt to email



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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