CA DISABILITY COMMUNITY ACTION NETWORK CAPITOL
NEWS REPORT - ISSUE #145-2004 AUGUST 19, 2004 - THURSDAY Linking people to disability rights and unified action Note: Virus Alert - Beware of Attachments! There is NEVER any
attachment to CDCAN Reports. Website WILL be up by the weekend. New location: www.cdcan.us
Toll-free info Lines Up
Senate Health & Human Services Committee Hearing Today TWO MAJOR
CONTROVERISAL BILLS IMPACTING PEOPLE WITH DISABILITIES AND SENIORS PASS OUT OF
HASTILY CALLED SENATE POLICY COMMITTEE - HEAD FOR SENATE FLOOR
SACRAMENTO - Two
bills dealing with different approaches toward California's institutionalized
care of people with disabilities and seniors passed out of a hastily called
Senate Health and Human Services Committee this afternoon (8/19) and now head to
the Senate Floor for a final vote there sometime early next week. Both bills
had last minute major amendments made earlier this week that infuriated
opponents of the bills, with additional changes made just prior to the hearing,
that failed to satisfy the opposition. Both bills passed out of committee, with
amendments. A full report of the hearing will be issued later today,
along with descriptions and analysis of the bills and the latest new amendments,
and positions of proponents and opponents. A report on the California Long Term
Care Council meeting, chaired by California Health and Human Services Secretary
Kim Belshe, also held today, will also be included.
AB 1629 by Assemblymember Dario Frommer (D-Los Angeles) and co-authored by
Assemblyman Keith Richman (R-Northridge), was amended earlier this week, with
new additional amendments presented in committee, and calls for imposing a
quality assurance fee on long term care facilities, including nursing homes.
Frommer and Richman said the legislation - which is an emergency or "urgency"
bill that would take effect mmediately upon approval of the Governor, is needed
to address the crisis in nursing home care and could draw down over $250
million dollars in new federal funds.
The controversial measure was pushed forward by an unusual alliance of health
facilities and nursing home providers, the nursing home worker union and some
senior advocacy organizations. It was strongly opposed by other disability
rights and senior organizations, including AARP, who claimed the legislation did
not contain enough protections and quality assurance for people with
disabilities and seniors who are in nursing homes and fails to address
California's compliance with the 1999 US Supreme Court Olmstead Decision.
Opponents also said that they were not included in stakeholder meetings and
given very little notice regarding the proposal itself and that a delay in
passage of the bill until next January would protect the rights of seniors and
people with disabilities in those health facilities, without damaging the
potential new federal funding. A union advocate countered that if the
Legislature did not pass AB 1629, which is an "urgency" or emergency bill, a
"regular bill" introduced next January would mean a long delay in implementing
the quality assurance fee and rate reimbursement plan. Another advocate,
opposing the bill, however responded later that proponents could introduce next
January another "urgency" bill, without causing harm. A full report on this
bill and the hearing will be reported in a CDCAN Capitol News Report later
tonight. WHAT'S NEXT:
* SENATE FLOOR - The bill now heads to the Senate Floor early next week (it may
have a brief hearing by the Senate Appropriations Committee just before that).
The bill requires 2/3rds vote (27 votes) of the 40 member Senate before heading
to the Assembly, meaning it will need at least 2 Republican votes, assuming all
25 Democrats support the bill.
* ASSEMBLY - The Assembly Health Committee may hear this bill next week,
assuming the Senate approves the bill. The hearing will likely be a quick
hearing, with very little notice. Because the bill is an "urgency" measure, it
will require 2/3rds vote of the 80 member Assembly (54 votes) meaning it will
need at least 6 Republican votes, assuming all 48 Democrats support it. The
bill must be passed out of both houses on or before August 31 - the date the
Legislature adjourns for the year or it is dead.
AB 2100 by Assemblymember Darrell Steinberg (D-Sacramento) also was
amended earlier this week and calls for developing a affordable housing plan for
some of the residents of Agnews Developmental Center near San Jose, which is
slated for closure by July 2006. The plan also applies to those people with
developmental disabilities at risk of being placed at the Agnews Developmental
Center. The plan itself does not call for closure of the 118 year old state
facility, which is being advanced in a separate proposal as part of the
Governor's proposed budget for 2005-2006, in January. If the housing plan is
successful, Schwarzenegger Administration officials believe it could be a model
for other areas of the State serving people with developmental and other
disabilities. The plan was backed by the Schwarzenegger Administration, and
also by the non-profit regional centers who provide services to children and
adults with developmental disabilities in the Bay Area where Agnews
Developmental Center is located, and by several disability advocacy groups.
Those advocates called the plan a major step in moving California toward
compliance with the 1999 US Supreme Court Olmstead Decision, and that the plan
would bring stability, health and safety for many of the Agnews Developmental
Center residents, which could be a model for the rest of the State.
The plan was strongly opposed by an association representing families of people
who reside at Agnews, by another group, called "Keep Our Families Together",
also representing many of those families who don't oppose closure but prefer
other community-based options, and by a statewide association of developmental
center families, and also a statewide association representing several
community-based organizations who provide services to people with developmental
disabilities. Those advocates differed on the issue of whether Agnews
Developmental Center should be closed - a decision the State has not yet
finalized - but were united in their criticism that none of them were invited to
a critical stakeholder meeting where the proposal was introduced. The opponents
also had different reasons for opposing the plan, including insurance, licensing
issues and the possible creation of a "two tiered system" that serves people
with developmental disabilities, and several health and safety issues. A full
report on this bill and the hearing will be reported in a CDCAN Capitol News
Report later tonight. WHAT'S NEXT:
* AUGUST 20th STAKEHOLDER MEETING - The Department of Developmental Services has
scheduled a stakeholder meeting to hear concerns of those opposing the AB 2100,
and also including those who support it on AUGUST 20, FRIDAY afternoon from 1 PM
to 4 PM, at the Department of Developmental Services office, Room 360
(conference room), at 1600 9th Street in Sacramento. Space is very limited.
Limited conference phone lines will be available, though may be also limited.
Sen. Deborah Ortiz (D-Sacramento), who chairs the Senate Health and Human
Services Committee, along with Senators Vasconcellos (D-Santa Clara) and
Figueroa (D-Fremont), at today's hearing strongly admonished the Department of
Developmental Services for not making sure that family member groups and other
opponents were invited to previous stakeholder meetings where the proposal was
discussed. The Department of Developmental Services previously had said those
groups were welcome, and it was not intentional that all of them were not
invited.
* SENATE FLOOR - The bill now heads to the Senate Floor early next week (it may
have a brief hearing by the Senate Appropriations Committee just before that).
The bill requires a simple major vote (21 votes) of the 40 member Senate before
heading to the Assembly. The bill must be passed out of both houses on or
before August 31 - the date the Legislature adjourns for the year.
* ASSEMBLY - the Assembly Human Services Committee is expected to hear the bill
in a quick hearing sometime later next week, before a final vote before the full
Assembly.
FOR MORE INFORMATION ABOUT CA DISABILITY COMMUNITY ACTION NETWORK
URGENT - CONTRIBUTIONS NEEDED TO CONTINUE EFFORT Please help continue the effort! Many many, thanks again, to the friends,
people with disabilities and their families, community organizations and others
who have sent in generous and needed contributions and donations. Contributions
from people and organizations is very urgently needed to keep the advocacy
efforts going for the next several months, as we work to establish non-profit
status, which we can focus after the budget is signed. Apologies to anyone who
have not yet received a thank you - emails, letters, calls have been
overwhelming! Please make check or money order to: California Disability Community Action
Network (or abbreviate CDCAN). A method to contribute by credit card (through
Paypal) is NOW set up on our website, at www.cdcan.org. CDCAN is not
yet a non-profit organization but will be soon. Send contributions to:
California Disability Community Action Network, 1225 8th Street Suite #480,
Sacramento, CA 95814. A method to contribute by credit card (through Paypal)
is NOW set up on our website, at www.cdcan.org. * Who Is CDCAN? The California Disability Community Action Network is a non-partisan link to
thousands of Californians with developmental and other disabilities, their
families, community organizations and providers, direct care and other workers,
and other advocates. These action alerts and news reports is for all of them. In
addition it also goes to news organizations, state and local government
officials and staff. * How To Receive CDCAN Capitol News Reports and Alerts If you would like to get on this distribution (and conversely, get off of it)
please send an email with that request to: martyomoto@rcip.com OR sign up via
the NEW CDCAN website at www.cdcan.us [note the new site will not be up until
possibly this coming weekend, August 21 or August 22) Sharing information is
part of our organizing effort. Please feel free to forward or copy this
(attribution is nice). We're all in this together! * How To Contact CDCAN Marty Omoto, director/organizer - California Disability Community Action
Network WEBSITE: currently down - working to bring up again 1225 8th Street Suite 480 Sacramento, CA 95814 VOICE PHONE: 916/446-0013 FAX number: 916/446-0026 email: martyomoto@rcip.com INFO HOTLINE TOLL FREE NUMBER: 1-877-260-0267 (cannot leave messages) SAME
INFO HOTLINE FOR SACRAMENTO AREA: 486-4652
Opinions expressed in this web site do not
necessarily reflect the views of NAMI Santa Cruz County, NAMI California or any
affiliated organizations. We attempt to present a balanced perspective on
issues by presenting multiple viewpoints.
Copyright 2004, 2005 National Alliance for the
Mentally Ill Santa Cruz County, All Rights Reserved.
