CA DISABILITY COMMUNITY ACTION
NETWORK
CAPITOL NEWS REPORT - ISSUE
#121-2004
Linking people to disability rights and
unified action
Website:
www.cdcan.org Toll-free info Lines Up!
July 2, 2004 - Friday late afternoon
NO STATE BUDGET LIKELY UNTIL NEXT WEEK
* LOCAL GOVERNMENT FUNDING
ISSUE BLOCKS BUDGET DEAL
* LEGISLATURE ADJOURNS -
COULD RETURN DURING WEEKEND
* DELAY OF BUDGET DOESN'T
IMPACT PEOPLE WITH DISABILITIES - YET
SACRAMENTO - California is likely to
continue probably a week more into the new fiscal year without a budget,
with Governor Arnold Schwarzenegger and the top legislative leaders
deadlocked for now on the issue of local government funding.
The Governor and the top legislative
leaders from both parties were late last night very close to a budget
deal, but were at a stalemate late Friday afternoon, with Democrats
opposing - unless changed - the Governor's agreement with local
government.
Despite the impasse, a budget deal still
seems likely by early next week - with a final vote by the full
Legislature later in the week. The joint budget committee (conference
committee), chaired by Sen. Wes Chesbro (D-Arcata, 2nd District) did not
meet today - nor will it meet Saturday or Sunday. The budget conference
committee however could possibly meet on Monday, July 5th, upon the call
of the chair.
While local government funding - and
reductions by the State, has impact to county and city services and
programs for people with disabilities and seniors - no other budget issue
remains unresolved that has direct impact on a statewide level to people
with disabilities or seniors.
IMPACT TO PEOPLE WITH
DISABILITIES/SENIORS DUE TO BUDGET DELAY
* Most Capitol observers - and legislative
leaders, still believe that a budget deal will be made soon - with passage
within the next week. Though that means a delay of about a week into the
new fiscal year - the delay itself will have almost no direct impact to
the services, supports and programs that children and adults with
developmental and other disabilities, including people with traumatic
brain injuries, and seniors receive. There should be no direct impact,
with a delay of several days, to any community-based organizations,
including regional centers, independent living centers, or state operated
facilities. No hold up in payments or reimbursements are anticipated.
* If unexpectedly, the discussions with the
Governor and legislative leaders break down completely - considered
unlikely - and a long stalemate develops for several weeks, then people
with disabilities and seniors would be significantly impacted as the State
begins to cut off payments and reimbursements.
* There will be an impact however, once a
budget is signed, since most of the reductions or changes are effective as
of July 1, 2004 - especially for the "cost containment" measures that will
continue for community-based services for children and adults with
developmental disabilities, funded through the 21 regional centers. The
"Quality Assurance Initiative" for In-Home Supportive Services" would also
take effect during the new budget year.
NEXT STEPS
Budget Deal
* Even when the Governor and top legislative
leaders come a final agreement on the budget - the budget conference
committee likely will still need to meet to formally sign-off on many
other unresolved issues in what will likely be a short one day meeting
* That would be followed by the full Senate
and full Assembly taking up the budget and budget related bills for
consideration and approval - and then to the Governor.
* Any budget would need approval of 2/3rds of
both the Senate and Assembly before going to the Governor.
* The entire process can take possibly 7-10
days.
Budget Conference Committee
* The budget conference committee, which is
composed of a total of 6 members, 3 each from the Assembly and Senate and
is charged with only working out a solution to different actions taken by
both houses on a budget item - though in their final meeting they will
essentially "rubber stamp" or formalize what the leadership and Governor
agreed to in a single meeting, before turning over the budget and related
bills over to the full Assembly and Senate for final action.
* Normally the budget conference committee
meets to resolve the remaining outstanding issues where both houses took
different actions on a budget item. Those issues include In-Home
Supportive Services Quality Assurance Initiative and the budget related
legislative language establishing guidelines on how the IHSS Residual
Program is be implemented with new federal matching funds; Regional Center
operations budget reductions; transition planning for closure of Agnews
Developmental Center and several special education issues. None of these
issues have had any final action taken yet but will be quickly approved.
* The Legislative leadership could decide not
to hold another conference committee meeting, and simply amend the agreed
changes and revisions into the Assembly bills that contain the proposed
budget, for a final vote on the Assembly floor - and then for a final
vote on the Senate floor - and then to the Governor. In theory, that
process could happen in a single day.
Status of Some Key Budget
Issues Impacting People With Disabilities:
COMMUNITY-BASED SERVICES: IN-HOME
SUPPORTIVE SERVICES
In-Home Supportive Services Residual
Program
Latest Status:
* 07/02/04 - This was not an unresolved issue
discussed by the Governor and the legislative leaders. Approval of the
State's proposal to the federal government for federal matching funds for
the IHSS Residual Program is very near. The Governor's proposal seeks an
exception or waiver to existing Medicaid regulations for federal matching
funds to support the IHSS Residual Program, that would also reverse his
earlier proposal to eliminate the IHSS Residual Program.
* Late May - Both house budget subcommittees
took identical actions in May approving the Governor's proposal - a
proposal he submitted after he backed off on April 22, from his original
November proposal to eliminate the entire program.
Next Steps: On a separate track, the
budget conference committee still needs to give final approval of budget
related legislative language that assures continuation of existing
benefits and eligibility, as the program shifts to one that is supported
by federal funds.
Prospects: The IHSS Residual Program
will continue - and should continue with the same eligibility and
benefits. One question is what the Governor allocated for the state's
share to fund the Residual Program, which was based on the assumption that
his other proposals to cut the State's contribution to wages, would be
enacted.
In-Home Supportive Services "Quality
Assurance Initiative"
Latest Status:
* Early June - The amount of the reduction to
the IHSS budget (over $19 million cut - or savings if seen from the
State's viewpoint) was previously approved by the Budget Conference
Committee.
Next Steps: Budget Conference
Committee needs to give approval for the specific budget related
legislative language to implement this cost containment measure to assure
that a person's needs and right to IHSS services are respected.
Prospects: This will be approved - and
is an important part of the "compromise" that the Administration is
agreeing to on the IHSS worker wage issue.
IHSS worker wages (State contribution to
wages/benefits above the State minimum wage); requirements for a employer
or record (public authorities) and also the requirement for public
authority advisory committees
Latest Status:
* 07/02/04 - Though not officially
announced, the Governor reportedly has backed off from this proposal - and
barring a surprise, these items will be restored in the budget. This
means wages will not be rolled back - and public authorities and advisory
committees will not be eliminated.
* Late May - Both house budget subcommittees
REJECTED the Governor's proposals that would have had the impact of
rolling back IHSS worker wages and benefits to the state minimum wage, and
also have the impact of eliminating county public authorities and advisory
committees.
Next Steps: Still needs final vote by
the full Assembly and Senate, as part of the final budget (and budget
related bills).
Prospects: It seems these items are
safe in the budget now - though nothing is really certain until the
Legislature passes and the Governor signs the budget bill - and all the
budget related pieces of legislation.
COMMUNITY-BASED SERVICES: REGIONAL
CENTERS
Statewide standards or limits on
community-based services funded through regional centers (also known as
"purchase of service standards)
Latest Status:
* 07/02 - This was not an unresolved issue
discussed among the legislative leaders and Governor
* Late May - The budget subcommittees
rejected the Governor's proposal - and the budget conference committee
approved a $7 million "unallocated reduction" instead. Advocates claimed
the proposed limits (or standards) would have meant a significant rollback
in the rights of individuals with developmental disabilities under the
Lanterman Developmental Disabilities Services Act - the California civil
rights act for people with developmental disabilities.
Next Steps: The unallocated (or
unspecified) reduction of $7 million - plus continuation of last year's
"cost containment" measures totaling about $67 million, still needs final
approval (as part of the final budget and budget related bills) by the
full Assembly and Senate.
Prospects: This proposal - unless
there is a major surprise - is dead, at least for this year (like it was
in 2002-03, and 2003-04). The unallocated reduction of $7 million - and
the continuance of the cost containment (or reductions) measures is a done
deal.
Regional Center Operations Budget
Reduction
Latest Status:
* 07/02/04 - This was not an unresolved issue
discussed among the legislative leaders and Governor
* Early June - The budget conference
committee approved the size of the reduction, ($6,458,000) but left open
still how the cut will be applied to each of the 21 non-profit regional
centers who fund community-based organizations who provide the services
and supports to children and adults with developmental disabilities across
California.
Next Steps: The budget conference
committee still needs to resolve how the cut will be applied - including
approving legislative budget bill related language. Compromise language
has been proposed and will likely be approved.
Prospects: Compromise legislative
language was nearly passed the week of June 7th by the budget conference
committee - but Sen. Ross Johnson wanted more to consider other ways to
apply the reduction. It seems likely that the compromise language will be
approved, which spreads the cuts out as they have in the past, with some
performance or outcome reviews required next year.
Parenta/Family Copayment/Share of Cost for
regional center services:
Latest Status:
* 07/02/04 - This was not an unresolved issue
discussed among the legislative leaders and Governor
* Late May - Both budget subcommittees
approved a significantly modified version of a share of cost plan, that
included fair hearing provisions, over the strong objections of the
Schwarzenegger Administration. The proposed trailer bill language remains
the same as passed by the Senate in May - with the inclusion of a
provision, requested by the Administration, to sunset (or to end) the
family share of cost program 18 months after it goes into effect. (at the
end of June 2006, with all provisions inoperative by January 1, 2007)
Next Steps: Still needs final vote by
the full Assembly and Senate, as part of the final budget (and budget
related bills).
Prospects: This is a done deal now.
The Administration has apparently given up in trying to eliminate the fair
hearing provisions in the plan - that the Senate put in - but is pushed
for a 18 month sunset on the entire family share of cost plan - presumably
so that in 2007-2008 budget year, the Administration can propose a new
plan without fair hearings.
Agnews Developmental Center Closure
Transition Plan To Move Residents To Sonoma:
Latest Status:
* 07/02/04 - This was not an unresolved issue
discussed among the legislative leaders and Governor
* Late May - Both the Senate and Assembly
budget subcommittees rejected the Administration efforts to develop a
transition plan for the closure of Agnews Developmental Center, that would
have included the temporary transfer, for about 2 years, of approximately
200 or so residents, to Sonoma Developmental Center - and the allocation
of funds to improve that facility to receive those residents. The Senate
proposed language has some slight changes - and is likely to be approved.
Next Steps: The budget conference
committee still needs to take final action on the specific budget
legislative language that seeks transition to the community - and not to
Sonoma Developmental Center, assuming the closure of Agnews Developmental
Center in 2006. The Administration wants the legislative budget language
to be flexible and allow for option of moving some residents to Sonoma.
Prospects: Every constituent group -
including parents with children in developmental centers - including those
at Agnews, other
community advocacy organizations, regional
centers opposed the Administration's proposal to transfer 200 people to
Sonoma
Developmental Center. The Senate version of
the legislative language - or very something very close to it - will
likely be approved.
SUPPLEMENTARY SECURITY INCOME/STATE
SUPPLEMENTARY PROGRAM (SSI/SSP)
* SSI/SSP:
What the Governor Proposed In January:
* Proposed to eliminate (or suspend) the
State Supplementary Program (SSP) 2004-2005 cost of living adjustment
(COLA) representing a savings to the State (and a cut to SSI/SSP
recipients) totaling $84.6 million in general fund dollars and also
withhold the federal Supplemental Security Income (SSI) cost of living
adjustment, saving $62.5 million state General Fund dollars.
* SSI/SSP provides cash grants to people with
disabilities, the elderly , the blind and people with disabilities that
prevent them from working, who also meet strict federal income and
resource eligibility. About 1.2 million people receive SSI/SSP, 2/3rds
who are people with disabilities. SSI/SSP currently pays an individual
$790 a month and $1,399 for couples. The cost of living adjustments would
raise those amounts to $812 for an individual and $1,438 for couples.
Latest Status:
* 07/02/04: Though not officially announced,
legislative leaders and the Governor reportedly agreed yesterday to a
three month delay of implementing the state and federal SSI/SSP cost of
living adjustment. The Governor reportedly backed off on his proposal for
a complete elimination of the cost of living adjustments for 2004-2005. -
though nothing is final until a budget is passed and signed into law.
* Late May: Both house budget subcommittees
voted in May to reject the Governor's proposed cuts, and restored funding
in the budget.
Next Steps:
* Still needs final vote by the full Assembly
and Senate, as part of the final budget (and budget related bills).
Prospects: Restoration of this cut was a big
issue for Senate President Pro Tem John Burton (D-San Francisco) - though
the three month delay in implementing the cost of living adjustment was a
surprise to some advocates.
A full CDCAN Capitol News Report on the
status of all budget items impacting children and adults with
developmental and other disabilities, people with traumatic brain
injuries, seniors, people with mental health needs will be issued when a
budget is passed by the Legislature or as needed.
FOR MORE INFORMATION ABOUT CA
DISABILITY COMMUNITY ACTION NETWORK
* PLEASE! HELP NEEDED URGENTLY!
CONTRIBUTIONS NEEDED TO CONTINUE EFFORT!
As of 7/2/04, 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. As mentioned before, individual thank
you letters are now being sent out (due to workload have been delayed!).
However, until grant funding is finalized, contributions from people and
organizations is still very urgently needed to keep the advocacy efforts
going for the next several months. Please make check or money order to:
California Disability Community Action Network (or abbreviate CDCAN).
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 CDCAN website at
www.cdcan.org. 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:
www.cdcan.org
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
