Assembly Budget Subcommittee 4/26 Hearing May Consider Changes to Governor's Proposed Budget Legislation Placing Limits on Community Based Services and Funding For People with Developmental Disabilities - Rally Planned For Monday At 2 PM North Steps of Capitol

SACRAMENTO  -   The Assembly Budget Subcommittee #1 on Health and Human Services, chaired by Assemblyman Mervyn Dymally (D-Los Angeles), will likely consider significant changes to budget related legislation that is needed to authorize the Governor's controversial proposal to impose statewide limits on community-based funding and services for children and adults with developmental disabilities, in a hearing scheduled for April 26, Monday afternoon at  4:00 PM.  It is not clear how the subcommittee will react though no final action is expected Monday.   Advocates claim that the Governor's proposal would have the impact of "rolling back" the rights under the Lanterman Developmental Disabilities Services Act, the civil act for people with developmental disabilities, passed into law over 35 years ago.  California is the only state to enact such civil rights for people with developmental disabilities.

Advocates say that the April 26 rally on the North Steps will not only focus on major cuts to services under the Department of Developmental Services,  but all cuts proposed by the Governor that they say is an "attack on the rights of children and adults with all disabilities".  The Governor's proposed budget cuts include  massive cuts to in-home services, Medi-Cal, and SSI/SSP, habilitation services, and cuts that will directly impact special education, adult education programs serving people with disabilities, accessible housing and transportation.

Possible Changes to the Governor's Budget Legislation On "Statewide Limits"
The major proposed changes to the Governor's budget related legislation (also called "budget trailer bill") to implement statewide standards to limit community based funding and services (called "purchase of services standards) that the Assembly Budget Subcommittee may consider Monday include (the Senate Budget Subcommittee #3 on Health, Human Services, Labor and Veterans also reviewed these proposed changes though took no action):
* Narrowing the scope of the Governor's proposed legislation  that some advocates claim  would have given the State "blank check" authority to make any future changes to services or supports for people with developmental disabilities, without further legislative approval using the emergency regulatory process which offers little chance for public comment or scrutiny.  The proposed change that the Assembly Budget Subcommittee may consider - which is still not likely to win support from advocates - would delete the "blank check authority" but still allow the State to "establish standards to ensure the uniform statewide provision of services and supports to consumers and consistency in the administrative practices of regional centers."  Some advocates fear even that language is broad enough to give the State too much authority to take away rights under the Lanterman Act.
* The new proposed language that the Assembly Budget Subcommittee may consider would still allow the State to "prohibit the purchase of specified activities or items" but would delete entirely the Governor's legislative language that would have eliminated fair hearings by people with developmental disabilities on issues related to prohibited services or items.  The elimination of fair hearings proposed by the Governor for prohibited services and items was a major issue for many advocates.

Controversial Parental/Family Share Of Cost Plan Will Also Be Heard
* The April 26 subcommittee hearing - which is taking up budget issues impacting people with disabilities that its counterpart in the Senate took up last week (April 19 on developmental services and April 22 on in-home services and SSI/SSP), will also consider another controversial proposal by the Governor to impose a family or parental share of cost of regional center funded services for their children with developmental disabilities.
* That plan was substantially modified in a version released earlier this month by the Department of Developmental Services, after protests from families beginning last year [see CDCAN website for copy of latest draft issued earlier this month under "Budget Issues"]
* The new proposed plan now impacts only those families at or above 400% of the federal poverty level, and on a sliding scale and covering only three services (childcare, camping and respite).  Many advocates however still fiercely oppose it as a "trojan horse" that they say might appear to the Legislature as "reasonable" initially but that eventually would result in denial of services for thousands of children if changes are made by the Governor once a "share of cost" plan is approved.
* Other issues, including continuing rate freezes for community-based organizations and other cuts passed last year; the proposed $100 million reduction in funding for community-based services for children and adults with developmental disabilities; cuts to regional center operations; and an update on the proposed closure of Agnews Developmental Center which the Schwarzenegger Administration is proposing to be delayed until July 1, 2006, will also be heard.
* No action on these or any issue is likely, but the April 26 hearing like the April 28th hearing on in-home services, will be the last opportunity for the public to provide testimony at a formal hearing on these issues.

Rally Planned At State Capitol April 26 & April 28 To Coincide With Budget Hearings
* Advocates plan a major rally at 2 PM outside the State Capitol on the North Steps (facing L Street) to mobilize people for the hearing on April 26.  [See CDCAN Action Alert #0423 for more details or see the CDCAN website at www.cdcan.org]
* Another major protest is scheduled for April 28, with a  march beginning Wednesday morning from outside the Sacramento Convention Center (at 11 AM) and rally on the South Steps of the State Capitol  to coincide with the Assembly budget subcommittee hearing that will focus on in-home services.  [See CDCAN Action Alert #0423 for more details or see the CDCAN website at www.cdcan.org].  The hearing will hear further information regarding the Governor's proposal made April 22 to back off from his propsal to eliminate the "residual program" of in-home services for people with disabilities and seniors, pending approval of federal funds to support that program.  The Governor's other proposed cuts to in-home services however remain on the table.
* Both events are part of a series of four major protests at the State Capitol to coincide with budget hearings on issues impacting people with disabilities and seniors that began April 19, attracting over 600 people, with the second protest rally held on April 22, with over 1,000 people.
* The next Disability Rights/Issues Townhall Telemeeting is scheduled for Friday morning, 10 AM (April 30) to update people in communities across California on what happened at the April 19, 22, 26 and 28th hearings and also the informational hearings held on April 23 and 30.  For more information see CDCAN website under "Telemeetings"

NEXT STEPS
* Budget Hearings: Final round of budget hearings where general public testimony will be allowed on Governor's budget proposals continue through end of April (and for certain issues, the first week of May).   As of April 25, neither house has taken any action on major budget issues impacting people with developmental or other disabilities (and seniors).  Hearings continue in mid-May by the budget subcommittees in both houses, though public testimony will not be allowed except for new proposals or issues. The subcommittees at that time will take action on budget issues - and refer them to the full budget committees of both houses.
* Medi-Cal Redesign/Reform Work Group Meetings - continue through this week, on several issues including disability and senior issues (April 27) to work with the Department of Health Services on a proposal to restructure the state's Medicaid program. The Governor plans to submit this proposal to the Legislature sometime in mid-May.  It is not certain at this point how or exactly when the Legislature will review the massive restructuring proposal that will have tremendous impact to people with disabilities and seniors.
* Governor - will release sometime during week of May 10th (likely at this point, May 14, Friday) major revisions to his proposed budget (the original version was submitted to the Legislature on January 9) reflecting changes in state spending and revenues - and also any additional proposals to cut spending or rescind or change  previously proposed cuts.
* Full Budget Committees: both houses will hold at least one hearing (no public testimony) after the final subcommittee hearings to approve their actions and forward for initial approval by both houses (late May or early June)
* Budget Joint Committee (conference committee): after the full Senate and Assembly pass their initial version  of budget (late May or early June), the differences between the two versions go to a special joint budget committee (called a conference committee) composed of three members of the Senate and three from the Assembly to hammer out agreement.  While those hearings are public, no public testimony is allowed.  At some point - in early June (before June 15), the conference committee will forward its actions for approval by both houses.
* Senate and Assembly - unless there is a major impasse (as there has been for the past several years), both houses are required by the State Constitution to pass a final budget on or before June 15 in order to give the governor time to review and approve a budget on or before June 30 (the last day of the state budget year).  If there is an impasse will largely depend on what the Governor's budget revisions in May look like.
* Governor - will review, make line item vetoes and approve budget.  Budget goes into effect July 1, 2004 through June 30, 2005.