CDCAN DISABILITY RIGHTS REPORT
#030-2011 – FEBRUARY 1, 2011 TUESDAY
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
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State Budget Crisis:
Regional Center “Statewide Purchase of Services Standards” and “Accountability and Transparency” Proposed Budget Trailer Bill Language Released By Brown Administration
Budget Trailer Bill Language Need Approval from Both Senate and Assembly – Assembly Budget Subcommittee Will Hear Regional Center and Other Developmental Services Proposed Reductions on Feb 3rd At 10:00 AM At the State Capitol In Room 4202
SACRAMENTO, CALIF (CDCAN) [Updated 02/01/2011 – 09:30 PM (Pacific Time) – Budget related language – referred to as “budget trailer bill language” dealing with setting guidelines for the State to develop a regional center “statewide purchase of services standards” and implementation of certain specific “accountability and transparency” measures, was released today by the Brown Administration.
Those two measures are part of the Governor’s over all proposal for a $750 million cut in State general fund spending for developmental services. That figure is probably closer to $1 billion when lost federal matching funds are included, depending on which specific reductions are actually approved and implemented later in the year.
The Brown Administration released earlier this week several proposed budget trailer bill language documents (see separate CDCAN Report on budget trailer bills impacting In-Home Supportive Services) dealing with regional centers (those were sent out in a previous CDCAN Report this past week) and other programs including Medi-Cal.
Advocates fear that the size of the proposed reduction of over $750 million in State general fund spending (which also includes about $200 million in new federal funding and shifts from other funds) could mean sweeping changes and cuts in services and eligibility for thousands of children and adults with developmental disabilities and for regional centers and thousands of community-based providers and individual workers across the State. Advocates are pushing for the Legislature to reject the proposed $750 million reduction in State general funding or to lower it to the amount that would be covered by new federal funding and fund shifts, arguing that previous cuts since late 2001 and especially in 2009 have hit the regional center community-based system impacting thousands of families, adults receiving services, community providers and facilities and workers across the State.
The Legislature has not yet taken action on any of the Governor’s major proposed reductions – though hearings have been held and are still continuing (see below for details).
Proposed Purchase of Services Budget Trailer Bill Language Contains No Details – Only Outline Of What Department Needs To Consider
· The budget trailer bill language dealing with regional center “purchase of services” standards is largely a general outline of what the Department of Developmental Services is to consider in developing standards that will reduce State general fund spending by – at this point – hundreds of millions in State general fund dollars.
· If the Legislature approves the general budget reduction target proposed by Governor Brown of $750 million and the concept of imposing a statewide purchase of services standards, the Department of Developmental Services will be required to work with stakeholders over the next couple of months and then submit – at a yet unspecified date (like in May or early June) a final proposed statewide purchase of services standards document for the Legislature to approve.
Regional Centers Coordinate Community-Based Services For Over 240,000 Children With Developmental Disabilities and Also Early Start Program
· The 21 non-profit regional centers are contracted by the Department of Developmental Services to coordinate community-based services and supports to over 240,000 children and adults with developmental disabilities.
· The regional centers – with the Department of Developmental Services as the lead state agency – is the entry point for the State’s early intervention program – called “Early Start” that serves thousands of infants with developmental delays.
Regional Center “Purchase of Services” Funds Community-Based Services For Over 240,000 Children and Adults with Developmental Disabilities
· “Purchase of services” refers to the regional center budget that funds – for those 240,000 children and adults – community-based services under the State law, the “Lanterman Developmental Disabilities Services Act”, the nation’s only civil rights law specifically for people with developmental disabilities.
· The community-based services are provided by thousands of community-based organizations and individuals who actually provide the supports and services.
· The regional center “purchase of services” funded community-based services are in addition to other services or supports a person with developmental disabilities might be eligible for (including In-Home Supportive Services, Medi-Cal, SSI/SSP grants, mental health community-based services, and special education services under the Individuals with Disabilities Education Act)
What Do Budget Trailer Bills Do – And Why They Are Important
· Budget trailer bills make necessary changes in existing State law in order to implement reductions or other changes in the State budget.
· The State budget is passed and signed into law first – followed or trailed by several different budget trailer bills (each trailer bill usually covers a specific budget area, such as human services or health, or judiciary, etc).
· All of the proposed budget trailer bills by the Brown Administration require approval from both the Assembly and State Senate. The Legislature can – and in most cases will – make changes to the various proposed trailer bill language, sometimes with minor changes and others that inserts entirely new provisions.
· All of the proposed budget trailer bills provides more details on how the State would implement the reductions proposed by Governor Jerry Brown on January 10th when he released his 2011-2012 State Budget plan, which included over $12.5 billion in reductions in State general fund spending (some of that includes shifting of funds) and about $12 billion in increased revenues – the bulk achieved by a proposal – that would require voter approval in a June special election - to extend for five years temporary tax increases scheduled to expire this year.
· Persons impacted potentially by the issues covered in these or other budget trailer bills should read them – and contact your own legislators who represent you if you have suggestions for changes or have concerns (make sure they in turn contact the two budget subcommittees on your behalf)
Regional Center Trailer Bill Language Released Today (Feb 1)
The Brown Administration released 2 documents containing proposed budget trailer bill language covering dealing with regional centers and developmental services. These and other budget trailer bills proposed by the Brown Administration are available on the Department of Finance website at www.dof.ca.gov (click on the left hand column for “trailer bills”)
These two pdf files were saved as images – and cannot be read by people who are blind or sight impaired using a screen reading device. CDCAN is reproducing those documents and will send out later today.):
The following was released today that provide more details on the reductions to developmental services, as proposed by Governor Brown on January 10th:
BUDGET TRAILER BILL LANGUAGE: REGIONAL CENTER PURCHASE OF SERVICES STANDARDS
· This proposed budget trailer bill language contains no details on what those standards would look like – but rather broadly defines would it would cover, the broad (not specific) process.
· Would require the Department of Developmental Services to develop statewide “purchase of services standards” for regional centers to be submitted to the Legislature for approval (no date yet specified for that – likely in May or early June)
· Would require that in developing these proposed standards, the Department of Developmental Services shall consider a wide range of things to consider providing standards (or limits) for including eligibility for services; consider standards dealing with duration, frequency and efficacy (effectiveness) of the service; consider standards that impact service provider qualifications, performance, rates (reimbursement from State); consider standards that would impose or expand parental or family responsibility for paying for services and also consider standards that would require adults with developmental disabilities to be responsible for some payment for services
· The Department of Developmental Services, in developing the proposed standards, will consider the impact of implementing the standards against the previous cuts already imposed on community-based services
· Would require that the standards – if approved by the Legislature and signed into law by the Governor – would follow the Individual Program Plan process and the Lanterman Developmental Disabilities Services Act.
· The 5 page pdf file (scanned as an image) is attached to this CDCAN Report and titled: “620RegionalCentersPurchaseOfServicesStandards_201107836(Feb012011).pdf”
BUDGET TRAILER BILL LANGUAGE – REGIONAL CENTERS ACCOUNTABILITY AND TRANSPARENCY
· This budget related trailer bill language deals with implementing several measures to improve accountability and transparency in the operations of the Department of Developmental Services and regional centers.
· Would require regional centers to submit every year to the Department of Developmental Services documentation demonstrating that the composition of its governing board complies with State law (Section 4622).
· Would require regional center governing boards to adopt written policy requiring that any regional center contract over $350,000 or more needs approval of the regional center governing board (the current language does not specify or exclude normal vendor contracts or specifies if this provisions deals only with “special contracts”)
· Would require that the contracts between the Department of Developmental Services and each of the 21 regional centers include provisions requiring the regional center to adopt, maintain and post on their websites, a transparency and public information policy.
· Would require the Department of Developmental Services to set up a “transparency portal” on its website to include (but not limited to) links to the regional center transparency and public information policy website and other regional center monitoring, audit reports and enforcement information.
· Would require that certain persons or entities (providers) that have been convicted of certain crimes of have been found liable for fraud and abuse in any civil proceeding or have entered in to a settlement instead of a conviction for fraud and abuse in any government program within the previous 10 years, are ineligible to be a regional center vendor. Would require the Department of Developmental Services to adopt necessary emergency and non-emergency regulations to implement this provision.
· Would require the Department of Social Services and the Department of Public Health to notify the Department of Developmental Services of any administrative action (as defined in this bill) against a licensee serving a person or persons with developmental disabilities.
· The 11 page pdf file (scanned as an image) is attached to this report and titled:“621RegionalCentersAccountabilityAndTransparency1107801(Feb022011).pdf”
NEXT STEPS
· The Legislature is still conducting budget subcommittee hearings, begun last week and continues through the end of next week reviewing and taking public comment on the Governor’s proposals, including his proposals for major permanent cuts to regional centers, IHSS, SSI/SSP Medi-Cal, CalWORKS and other health and human services.
· The Assembly Budget Subcommittee #1 on Health and Human Services is scheduled to hear the Governor’s proposed developmental services budget – including over $750 million in reductions in State general fund spending largely coming from regional centers on February 3, at 10:00 (or upon adjournment of the Assembly floor session which is expected to end just before 10 AM) at the State Capitol in Room 4202. There are no other items on the agenda. ALSO meeting that same day – across the hall – in Room 4203, is the Senate Budget Subcommittee #3 on Health and Human Services at 09:30 AM, to hear the Governor’s proposed cuts to In-Home Supportive Services (IHSS), the Governor’s proposed cut to SSI/SSP individual grants from $845 to $830 – the lowest level allowed by the federal government (grants to couples were reduced in 2009 to the lowest level allowed by the federal government); and the Governor’s proposal to eliminate all funding for the Multipurpose Senior Services Program (MSSP)
VERY URGENT!!!!!
PLEASE HELP CDCAN CONTINUE ITS WORK!!!
FEBRUARY 1, 2011 – 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 55,000 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 HOPE SERVICES, CALIFORNIA ASSOCIATION OF ADULT DAY HEALTH CENTERS, VENTURA COUNTY AUTISM SOCIETY, RESPITE, INC., LOS ANGELES RESIDENTIAL COMMUNITY SERVING DEVELOPMENTALLY DISABLED ADULTS LARC RANCH, FEAT OF SACRAMENTO, EASTER SEALS OF SOUTHERN CALIFORNIA, EMMANUEL AND FAMILY, MICHAEL DIMMITT, PEOPLE FIRST OF SAN LUIS OBISPO, BOB BENSON, the Pacific Homecare Services, Toward Maximum Independence, Inc (TMI), Friends of Children with Special Needs, Southside Arts Center, San Francisco Bay Area Autism Society of America, Hope Services in San Jose, FEAT of Sacramento (Families for Early Autism Treatment), Sacramento Gray Panthers, Bill Wong, Tri-Counties Regional Center, Life Steps, Parents Helping Parents, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Training Toward Self Reliance, 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.
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