Advocacy Network Update

Maryland General Assembly Session Overview

April 2015

Thanks to hundreds and hundreds of family members, self-advocates, and effective leaders in the general assembly, much was accomplished in the recently concluded legislative session. From support services funding for those with disabilities graduating from high school to legislation providing tax protected savings for those with intellectual and developmental disabilities. Challenges remain, but there is much to celebrate.

The reporting below has been excerpted from comprehensive and complete reports provided by the Maryland Developmental Disabilities Council and the Maryland Association of Community Services (MACS) and The Arc Maryland. To view their reports entirely and further information from the legislative session, go to MDDDC , MACS and The Arc MD.

Fiscal Year 2016 Budget - Developmental Disabilities Administration (DDA)

TRANSITIONING YOUTH

$10.7million Total Funds

($6m General Funds + $4.7m in Federal Funds)

Young adults with developmental disabilities leaving school will receive employment or other day services. DDA projects that 100% of transitioning youth will receive this support.

EMERGENCIES

$2.4 million Total Funds

($1.2m General Funds + $107,000 Special Funds + $1.1m Federal Funds)

Approximately 60 people in emergency situations will receive services. They may or may not be on DDA's waiting list.

WAITING LIST EQUITY FUND (WLEF)

$930,000 Total Funds

($536,000 Special Funds + $394,000 in Federal Funds)

Approximately 25 people on DDA's waiting list will receive community supports using funds from the WLEF, which prioritizes people with the oldest caregivers. The WLEF is a special dedicated fund that receives money from several sources.

COURT- INVOLVED COMMUNITY SERVICES

$429,000 Total Funds

($228,000 General Funds + $201,000 Federal Funds)

These funds will be used to provide community supports to approximately 10 people with developmental disabilities involved in the court system. It will be used to either divert them from a facility or to get them out of one.

RATE INCREASE FOR COMMUNITY SERVICES

3% rate Increase - $28.1m Total Funds

($15.7M General Funds + $12.4 Federal Funds)

Last year the General Assembly passed legislation mandating a 3.5% rate increase for DD community service providers. Governor Hogan's proposed budget cut this to 1.75%; however the final FY16 budget passed with the rate at 3%.

___________________________________________________________________

DDA WAITING LIST - Will Funds be Spent for Urgent Needs?

The Governor included no funding in the FY2016 budget for people on DDA's waiting list for community supports and services, except a small amount from the WLEF. However, the budget approved by the legislature sets aside $3million for people in the most urgent need of services (Crisis Resolution priority category).

There are over 8000 children and adults with developmental disabilities on DDA's waiting list, with 125 in the Crisis Resolution priority category and almost 1300 in Crisis Prevention. Each year additional people are added to the Waiting List, which continues to grow. Last year at this time there were 7700 people on the list. New to office, Governor Hogan may not be aware of this need and the importance of providing funding for people in most urgent need of help. People with developmental disabilities, their families and allies should continue to inform the Governor about this need. The funds are in the budget. At this time, we are awaiting word whether Governor Hogan will release the $3 million for those in the Crisis Resolution category.

_____________________________________________________________________

Other Budget Background and Information

Community Supports, Provider Rates and the Minimum Wage Law

Ultimately, the General Assembly provided a 3% rate increase for FY 16 for developmental disability (DD) community services. Because of the statutory mandate, the 3% rate increase for DDA Community Services is funded in the budget, and will take effect July 1, 2015. Total funding for the 3% rate increase is $28.1 million.

Additionally, the General Assembly ultimately "kept the promise" and maintained the 3.5% rate increase passed last year for FY 2017 through FY 2019. This measure was vital in order to address the impact of the increasing minimum wage on the direct support workforce.

MACS advocated to amend the law that was passed last year holding providers accountable for the use of a portion of the rate increase annually for direct support wages.  The General Assembly approved amendments that will hold providers accountable for direct support wage increases only in the years from FY 16 through FY 19 that have at least a 3% overall rate increase.

Weather Day Funding

MACS advocated for the continuation of budget language that directs DDA to use funds that are saved due to weather-related closures and provide payments to providers to offset some portion of their weather-related financial losses. The General Assembly adopted budget language that continues this practice in FY 15 and FY 16.

_____________________________________________________________________

Legislative Highlights

HB 1105/SB 761- Disabled Individuals- Task Force on the Maryland ABLE Program passed the General Assembly and establishes a Task Force to develop and enact the ABLE program in Maryland. This legislation was introduced to determine how to effectively implement in Maryland the Federal ABLE Act that passed in Congress last Fall, and will enable people with developmental disabilities to save up to $100,000 to be used for expenses allowed under the Federal legislation.

HB 1122/SB 792- Public Health- Nondiscrimination in Access to Anatomical Gifts & Organ Transplantation passed the General Assembly and prohibits discrimination against a potential recipient of an organ transplant solely on the basis of a person's disability.

HB 1161/SB 853- Ethan Saylor Alliance for Self-Advocates as Educators passed the General Assembly, and establishes the Ethan Saylor Alliance for Self-Advocates as Educators within the Department of Disabilities. The purpose of the Alliance will be to advance the community inclusion of people with developmental disabilities by preparing and supporting self-advocates to play a key role in educating others, particularly law enforcement, about issues impacting people with developmental disabilities.

Background & Need: In 2013, Ethan Saylor, a young man with Down syndrome, died in a Frederick movie theatre in the custody of law enforcement. Ethan's death could have been avoided had law enforcement been better trained about how to appropriately respond to and interact with individuals with intellectual and developmental disabilities.

Governor O'Malley established a Commission in response to the tragic death of Mr. Saylor. After a year of collaborative work involving the disability and law enforcement communities, training objectives were adopted by the Police Training Commission. Beginning in 2015, all police academies in Maryland will be required to include training about how to effectively and appropriately interact with people with intellectual and developmental disabilities. A critical component of the training is including individuals with IDD as trainers. In order for people with IDD to perform this role effectively, they must be recruited, prepared and supported. SB 853 will help ensure this happens.

The Executive Director of the Police & Correctional Training Commissions in Maryland stated, "The Ethan Saylor Alliance would... greatly enhance training for public safety professionals and provide enhanced safety and inclusion for Maryland residents with disabilities...provide unprecedented practice of skills never before reached on a routines basis and......place Maryland as a national leader in training law enforcement professional."

HB 231/SB 110: Developmental Disabilities Administration - Low Intensity Support Services - Definition will remedy the conflict between the section in statute about LISS and the section on general eligibility for DDA services by establishing a separate eligibility definition for LISS, duplicating eligibility language for individual support services in Health General §7-403(c). This definition is less restrictive and will address the current conflict. DDA has historically used eligibility language for individual support services as the criteria for LISS. The bill is intended to maintain this practice and was a result of collaboration between DDA and advocates.

HB 100: Developmental Disabilities Administration - Medicaid Fair Hearings requires the Department of Health and Mental Hygiene to provide notice and opportunity for a Medicaid Fair Hearing. It codifies the additional requirements that already exist under federal Medicaid law. This is important because a Medicaid Fair Hearing affords individuals stronger procedural rights than does the usual administrative hearing process.

_______________________________________________________________

Additional reporting on related budget issues for the MD State Department of Education for Early Childhood and Education needs, see the MD DD Council complete legislative wrap-up here. See the MACS complete Wrap-Up Report.