CDCAN DISABILITY-SENIOR RIGHTS REPORT
CALIFORNIA DISABILITY-SENIOR COMMUNITY ACTION NETWORK
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State Capitol Update
BUDGET CONFERENCE COMMITTEE FINISHES WORK THURSDAY NIGHT – ACTIONS REFLECT BUDGET DEAL WITH GOVERNOR AND DEMOCRATIC LEGISLATIVE LEADERS
Senate Budget and Fiscal Review Committee Will Hold Hearing On Completed Budget Related Bills Called “Trailer Bills” On Monday Before Final Vote On Budget Package
SACRAMENTO, CA [BY MARTY OMOTO, CDCAN LAST UPDATED 06/10/2016 05:35 AM] – The Budget Conference Committee, chaired by Assemblymember Philip Ting (Democrat – San Francisco), finished its work in a late night session that began just after 7 PM and ended around 11 PM Thursday evening (June 9^th), taking final actions that reflected the budget agreement reached yesterday late Thursday afternoon with the Governor and Democratic legislative leaders. The actions taken by the Budget Conference Committee are considered “final” and part of the budget package of bills that will be approved and sent to the Governor by June 15^th.
While the Budget Conference Committee actions taken last night contained no surprises, the budget deal reached with the Governor and Democratic legislative leaders – Senate President Pro Tem Kevin De Leon (Democrat – Los Angeles) and Assembly Speaker Anthony Rendon (Democrat – Los Angeles) – did include phasing in over several budget years a total of $500 million for childcare and pre-school rate increases and slots ($100 million in State general funding for the 2016-2017 State Budget), and $100 million in State general funds for 2016-2017 due to the repeal of the State’s “welfare to work” program rule that currently prohibits increases in grants to families who have more children born while receiving that assistance. That rule, called the “Maximum Aid Payment” , passed in 1994, prohibited, under certain conditions, an increase in CalWORKS grants (the official name of the State’s welfare to work program) based on an increase in the number of eligible people in a family
due to a birth of an additional child.
However efforts by advocates to push for larger increases in the state portion of the SSI/SSP (Supplemental Security Income/State Supplemental Payment) grants than proposed by the Brown Administration in January, did not make it into the final conference committee. The Governor proposed in January to increase the state portion of the SSI/SSP by about 2.9% effective January 1, 2017, and combined with the expected cost of living adjustment (also effective January 1, 2017) of the federal part of the SSI/SSP grants, would raise individual grants by about $17 per month and grants to couples by about $30 per month.
The Budget Conference Committee final actions and the budget deal reached with the Governor and Democratic legislative leaders are in addition to the funding increases as approved in the health care legislative special session (ABx2 1) for developmental services that was linked to the successful passage of the extension of a revised managed care organization tax reform proposal in late February, and also, with certain specific changes, proposals by the Governor in his proposed version of the 2016-2017 State Budget released in January and a revised proposal released on May 13^th.
WHAT REMAINS TO BE WORKED ON
While the main budget issues have been resolved with the budget deal reached by the Governor and Democratic legislative leaders, the actual specific final language for a wide range of budget issues that will be included in the dozen or so budget “trailer bills” remain to be drafted and finalized by budget committee staff in the coming days under tight deadlines to complete work in time for the final votes on the budget that has to take place on or before June 15^th.
“Placeholder” language means the language for that issue that will be in a budget trailer bill (or in the main budget bill – called “budget bill language” which is good only for that budget year), is not yet developed or finalized. The Budget Conference Committee, operating under the deal reached by the Governor and Democratic legislative leaders, approved many “placeholder” budget trailer bill or main budget bill language – but any final language will have to reflect the overall budget agreement.
Senator Leno, chair of the Senate Budget and Fiscal Review Committee, said at the Thursday evening Budget Conference Committee, that trailer bill language will be posted on the legislative information system site as soon as language is drafted and completed – and completed trailer bills will be heard in his committee in a hearing scheduled for Monday (June 13) at 09:30 AM or upon call of the chair, at the State Capitol in Room 4203. Some budget bill or trailer bill language however may not be finished in time for that hearing and will likely emerge just before the final vote on the main budget bill and trailer bills are taken up on the floors of the Assembly and Senate next week on or before June 15^th (Wednesday).
CDCAN SUMMARY OF ACTIONS TAKEN
The following is a CDCAN summary of some of the actions taken by the Budget Conference Committee last night impacting people with disabilities, mental health needs, seniors and low income families and individuals. A full report on the entire budget package will be issued by CDCAN later this weekend, along with links to the latest updated versions of budget trailer bills. The CDCAN summary below does not included housing related actions that impact people with mental health needs, disabilities and low income families and individuals, which will be reported more extensively later today in a separate CDCAN Report.
* IHSS (IN-HOME SUPPORTIVE SERVICES) – OVERTIME ISSUE: Budget Conference Committee rejected previous actions of Senate and Assembly that would have delayed until September 1, 2016, enforcement of penalties for violations by IHSS providers (worker) of the State’s overtime rules, that went into effect May 1, 2016. The conference committee action means that enforcement for violations of the overtime rules that went into effect May 1, 2016, will continue.
* IHSS – CASE MANAGEMENT INFORMATION AND PAYROLLING SYSTEM (CMIPS II) AND MANAGED CARE: Budget Conference Committee approved the State Senate version of the budget which provided no funding increase regarding revising this system to allow Medi-Cal managed care health plans participating in the State’s “Coordinated Care Initiative” in seven counties to pay IHSS workers (providers) for additional hours that the managed health plans authorize. The Budget Conference Committee also approved “Supplemental Report Language” – essentially reporting requirements to various state agencies that are part of the main budget bill – as follows: “Case Management Information and Payrolling System (CMIPS II). The Department of Social Services and the Office of Systems Integration, in collaboration with stakeholders, including the CMIPS II system vendor and labor organizations representing In-Home Supportive Services providers, shall provide a cost assessment to the Legislature by January 10,
2017 that includes the cost of options for reprograming CMIPS II to allow managed care plans participating in the Coordinated Care Initiative to pay IHSS providers for additional hours that the managed care plan authorizes pursuant to Welfare and Institutions Code 14186 (b)(6)(B). The assessment shall include a variety of options and their respective costs, and identification of the least costly option for implementing the system change noted above”.
* SSI/SSP (SUPPLEMENTAL SECURITY INCOME/STATE SUPPLEMENTAL PAYMENT) GRANTS: As previously reported, the Budget Conference Committee approved the Governor’s proposal originally made in January (and updated in May) to increase the state portion of the SSI/SSP by about 2.9% effective January 1, 2017, and combined with the expected cost of living adjustment (also effective January 1, 2017) of the federal part of the SSI/SSP grants, would raise individual grants by about $17 per month and grants to couples by about $30 per month. The Budget Conference Committee also approved $45 million in one-time State general funding to create a “SSI Disability Advocacy” program to proactively assist people during the SSI/SSP application process, with “placeholder” trailer bill language (“placeholder” means that specific language implementing this proposal will be finalized later, before the final budget package is voted on the floors of both the Assembly and State Senate next week).
* LONG TERM CARE OMBUDSMAN – Budget Conference Committee approved a one-time increase of $1 million for the 2016-2017 State Budget year to this program from the State Health Facilities Citation Penalties Account.
* SENIOR NUTRITION PROGRAM – Budget Conference Committee approved a one-time increase of $2 million in State general funding for the existing home delivered meals program along with language to be included in the main budget bill (called “budget bill language” which differs from “budget trailer bill language” because provisions or language in the main budget bill are only in effect for that budget year).
* ADULT PROTECTIVE SERVICES – Budget Conference Committee approved one-time increase of $3 million for trainings for this program and related budget bill language.
* CALIFORNIA SENIOR LEGISLATURE – Budget Conference Committee approved one-time increase of $500,000 in State general funding.
* INDEPENDENT LIVING CENTERS – Budget Conference Committee approved $705,000 in State general funding to provide state-based parity for three specific independent living centers in California.
* ALZHEIMER’S EARLY DETECTION – Approved the Senate action on this item that provided a one-time increase in State general funding of $2.5 million for this program.
* Children’s Mental Health Crisis Services – Conference compromise: $10 million GF one-time, $6 million reappropriated GF, and $11 million MHSA State Administration one-time (California Health Facilities Financing Authority) and $3 million MHSA State Administration one-time (Mental Health Oversight & Accountability Commission).
* MENTAL HEALTH – SUICIDE HOTLINES – Budget Conference Committee approved Assembly action for one-time funding increase of $4 million in Mental Health Services Act State Administration funding to the Department of Health Care Services for this program.
* MENTAL HEALTH – EARLY MENTAL HEALTH INITIATIVE – Budget Conference Committee approved Senate action on this item which provided no support for the Early Mental Health Initiative or for budget bill language to provide funding ($40 million from the Mental Health Services Act’s Prevention & Early Intervention funds) for the 2016-2017 State Budget Year for mental health grants to colleges and universities, contingent upon enactment of authorizing legislation.
CDCAN SUMMARY OF DEVELOPMENTAL SERVICES RELATED BUDGET CONFERENCE ACTIONS
The Budget Conference Committee last night took several actions – the majority dealing with budget trailer bill language – related to the budget under the Department of Developmental Services (DDS) that oversees the funding of the 21 non-profit regional centers who in turn contract for community-based services with community-based organizations and individuals to provide services and supports to nearly 300,000 eligible children and adults with developmental disabilities. The department also operates the three remaining Developmental Centers and one smaller facility. The three Developmental Centers are all slated for closure, except the secured treatment area of Porterville Developmental Center and the smaller facility in Cathedral City.
As previously noted “budget bill language” differs from “budget trailer bill language” because provisions or language in the main budget bill are only in effect for that budget year. “Placeholder” language means that specific language implementing a proposal will be finalized in the coming days, before the final budget package is voted on the floors of both the Assembly and State Senate next week
The actions related to developmental services are listed separately here, because of the number of actions taken:
* QUARTERLY REPORTING ON GENERAL FUND “BACKFILL” TRAILER BILL LANGUAGE – Budget Conference Committee adopted the Senate action that will require the Department of Developmental Services to report the quarterly estimates of General Fund “backfill” costs as a result of the loss of federal funds in the budget year. “Backfill” refers to a situation when the State replaces lost federal funding with State general fund dollars – in this case lost federal funding due to violations or non-compliance with various federal requirements for that funding that occurred in Developmental Centers this past year (and in previous budget years).
* REGIONAL CENTER CONSUMER PROGRAM COORDINATOR BUDGET BILL LANGUAGE – Approved the Senate action on this item which modified the Brown Administration’s proposal to include additional reporting measures.
* DISPARITY OUTCOMES TRAILER BILL LANGUAGE – Budget Conference Committee approved the Assembly action on this issue that provided “placeholder” budget trailer bill language to allow regional centers to consult with stakeholders on funding to improve disparity outcomes.
* MEDI-CAL APPEAL TRAILER BILL LANGUAGE – Budget Conference Commmittee approved the Assembly action on this item which rejected language to eliminate the requirement to pursue a Medi-Cal appeal prior to a regional center purchasing a service for a consumer.
* SELF-DETERMINATION LOCAL ADVISORY COMMITTEE TRAILER BILL LANGUAGE – Budget Conference Committee approved Assembly action on this item for “placeholder” budget trailer bill language to have regional centers coordinate with Self-Determination Local Advisory Committees to provide outreach and training.
* COMMUNITY STATE STAFF PROGRAM: Approved the Assembly action on this item that rejected $5 million in State general funding for the 2016-2017 State budget year and $10 million in future years and related budget trailer bill language for the Department of Developmental Services.
* PERFORMANCE DASHBOARD FOR REGIONAL CENTERS – Approved the Senate action on this item which provides a one-time increase available over three years of $300,000 in State general funds and related budget bill and trailer bill language for contracting services to assist in the development of a performance dashboard on regional centers and the community-based services system .
* BEST BUDDIES – Approved a “Conference Compromise” that will provide one-time State general funding of $1 million to the “Best Buddies” program. This item was not previously heard in budget subcommittees in either house – and Republicans on the Budget Conference Committee raised questions on this item. In previous budget years prior to the Great Recession, allocations for this program made in Budget Conference Committee, was common, though even then, raised controversy – and this is the first such funding allocation for this program since then. For more information about this non-profit program go to their link at: https://bestbuddies.org/find-programs/california/
* DEVELOPMENTAL CENTERS – CLOSURES, CRISIS SERVICES, AND PUBLIC POSTING TRAILER BILL LANGUAGE – Senate Version. Provides additional oversight of Developmental Center closures and crisis services, as well as public posting of progress being made to develop residential capacity.
* DEVELOPMENTAL CENTERS – INDEPENDENT MONITORING CONTRACT FOR FAIRVIEW AND PORTERVILLE DEVELOPMENTAL CENTERS BUDGET BILL LANGUAGE – Approved the Senate action on this budget item which will authorize funding for an independent monitoring contract for Fairview and Porterville Developmental Centers only if the federal Centers on Medicare and Medicaid Services (CMS) approves settlement agreements for these developmental centers through the budget 2016-2017 State Budget year.
* DEVELOPMENTAL CENTERS – CRISIS SERVICES AND SPECIALIZED HEALTH CARE/CLINIC SERVICES – Budget Conference Committee approved Assembly action on this issue that rejected trailer bill language proposed by the State Senate, related to crisis services and specialized health care/clinic services at developmental centers, in order to allow for future discussions on this issue by both houses.
* DEVELOPMENTAL CENTERS – CLOSURE OF DEVELOPMENTAL CENTERS UPON TRANSITION OF RESIDENTS TRAILER BILL LANGUAGE – Budget Conference Committee approved Assembly action on this issue that rejected trailer bill language by the State Senate related to the closure of a developmental center upon the successful transition of all residents into the community in order to allow for future discussions on this issue.
* DEVELOPMENTAL CENTERS – SPECIAL MANAGED CARE PROVISIONS TRAILER BILL LANGUAGE: Approved Senate action on this item that added a date by which the Department of Developmental Services and the Department of Health Care Services submits plan outlining special managed care provisions for persons transitioning out of developmental centers.
* DEVELOPMENTAL CENTERS – SONOMA DEVELOPMENTAL CENTER LOSS OF FEDERAL FUNDING – Approved a “Conference Compromise” for provisional language (meaning language in the main budget bill) to allow the Department of Developmental Services to request $32.4 million in State general funds to reflect the loss of federal funds for Sonoma Developmental Centers and adds provisional language that will require JLBC (Joint Legislative Budget Committee) notification.
* BUDGET TRAILER BILLS HEARING: Senate Budget and Fiscal Review Committee, chaired by Senator Mark Leno (Democrat – San Francisco), is scheduled to hold a hearing Monday (June 13, 2016) at 09:30 AM or upon call of the chair, at the State Capitol in Room 4203, on any completed budget related bills containing necessary changes or additions to State law to implement the main budget bill. Those bills are called “budget trailer bills” because those bills follow or trail the main budget bill. That hearing will be televised and streamed live by CalChannel. Brief public comment is often permitted by Senator Leno at these hearings in past years, though the committee – controlled by the Senate Democrats – is certain to approve the budget trailer bills that reflect the budget agreement with the Governor and Democratic legislative leaders.
* FINAL BUDGET VOTE: Could be as early as Monday, June 13, 2016, but more likely on Wednesday, June 15^th – the deadline in the State Constitution for the Legislature to pass a budget bill and send it to the Governor. With a budget agreement in place and only a majority vote required to pass a budget and budget trailer bills (and forfeiture of pay for each of the 120 legislators for each day the Legislature fails to pass a budget after June 15^th), it is absolutely certain that the main budget bill will pass the Legislature by that date.
BUDGET CONFERENCE COMMITTEE
Note: SB 826 is the current vehicle carrying the main budget bill (this could change). There are a list of potential trailer bills – but those bills and what is contained in them and what is actually taken up on the floor when the main budget bill is taken up – can change.
CHAIR: Assemblymember Philip Ting (Democrat – San Francisco) [chairs of the confrence committee alternate each year between the majority party of the two houses]
MEMBERS – ASSEMBLY (Total 5 – 3 Democrats and 2 Republicans)
MEMBERS – STATE SENATE (Total 5 – 3 Democrats and 2 Republicans)
MEMBERS – DEMOCRATS (6): Assemblymembers Philip Ting (Democrat – San Francisco); Richard Bloom (Democrat – Santa Monica); Lorena Gonzalez (Democrat – San Diego) [Assembly Appropriations Committee chair]; Senators Ricardo Lara (Democrat – Bell Gardens) [Chair of Senate Appropriations Committee]; Loni Hancock (Democrat – Berkeley); Mark Leno (Democrat – San Francisco) [Chair of the Senate Budget and Fiscal Review Committee]; Note: Assemblymember Kevin McCarty (Democrat – Sacramento) took Assemblymember Lorena Gonzalez’s place Thursday evening on the Budget Conference Committee due a schedule conflict]
MEMBERS – REPUBLICANS (4): Assemblymembers Jay Obernolte (Republican – Big Bear Lake); Kristin Olsen (Republican – Modesto); Senators Patricia Bates (Republican – Laguna Niguel) [Vice Chair of Senate Appropriations Committee]; Jim Nielsen (Republican – Gerber) [Vice Chair of the Senate Budget and Fiscal Review Committee]
CDCAN YOU TUBE VIDEOS
A CDCAN (Marty Omoto, family member and advocate) youtube channel was set up and has several videos dealing with current – and previous state budget issues, disability and senior rights, and advocacy.
To see the current videos, including March 2014 San Andreas Regional Center Aptos Legislative Breakfast, January 2014 panel discussion on services for adults with autism spectrum and related disorders in Palo Alto, and older videos including video of April 2003 march of over 3,000 people with developmental disabilities, families, providers, regional centers and others from the Sacramento Convention Center to the State Capitol (to attend and testify at budget hearing on proposed massive permanent cuts to regional center funded services, go to the CDCAN (Marty Omoto) Channel at: https://www.youtube.com/channel/UCEySEyhnr9LQRiCe-F7ELhg
More videos – including new current videos (an interview with longtime advocate Maggie Dee Dowling is planned, among others) – plus archive videos of past events – will be posted soon.
JUNE 10, 2016 – FRIDAY MORNING
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