Saturday, February 12, 2011

Bill Update for Week of February 7

Action on Bills of Interest to People with Disabilities – February 7 - February 10, 2011
Click on the Bill Number at the beginning of the paragraph to view the bill in full on the General Assembly website.

HB 2, Protect Health Care Freedom (Barnhart, Stam, Hollo, Murry sponsors). This bill seeks to prevent the implementation of the Affordable Care Act (i.e., healthcare reform legislation) provision that mandates individual health insurance. It also mandates that the Attorney General shall either join or bring a lawsuit challenging this provision. HB 2 was debated in the Senate Judiciary II committee on Tuesday, and received a favorable report in the Thursday Senate Judiciary II committee.  The bill will now proceed to the full Senate.

HB 41, Tax Fairness in Education (Stam, Brawley, Collins and Hager sponsors). This bill creates an income tax credit of $1,250 per semester for families whose dependent children are educated in a nonpublic school. For initial eligibility, the child shall have been enrolled in and attended at least 2 semesters in a public school in the preceding tax year. Taxpayers must meet taxable income criteria to qualify: $100,000, Married, filing jointly, $80,000 Head of Household, $60,000 Single and $50,000 Married filing separately. The bill also permits boards of county commissioners to appropriate funds (up to $1,000 per child per year) for the expenses of children educated in nonpublic schools. This is NOT the bill that was filed during the last session related to tax credits for students with disabilities. Since the bill was filed last week, it has been referred to the Education Committee, and to the Finance Committee if it receives a favorable report in Education.

HB 70, Compensate Eugenics Sterilization Survivors (Sponsors Womble and Parmon).  This bill seeks to provide monetary compensation to persons sterilized by the Eugenics Sterilization Program ($20,000 each).   This bill was filed in the House on February 10 and has not yet been referred to a Committee.  The bill requires a budget allocation of over $18 million, so it does not have a great likelihood of success, but it is heartening that Representatives Womble and Parmon continue to focus on this issue.

HB 71, Housing Funds for Individuals with Disabilities (Weiss, Farmer Butterfield, Earle and Pierce Sponsors). This bill seeks $10 million for the North Carolina Housing Trust Fund to increase housing options for people with disabilities, based on a recommendation from the NC Institute of Medicine Task Force on the Co Location of Different Populations in Adult Care Homes, and as recommended by the NC Study Commission on Aging. The bill was filed on February 10 and has not yet been referred to committee. In this budget year, the chances of achieving this appropriation is slim, but this is a good opportunity to talk about the great need for affordable housing for people with disabilities.

HB 73, Eugenics Program Support and Education (Womble and Parmon Sponsors).  HB 73 seeks to mandate several activities related to eugenics survivors, many of whom were people with disabilities.  It would provide counseling benefits to eugenics survivors, establish a database of eugenics program participants, direct the State Board of Education to include information about the program in its K-12 History curriculum, and direct the Board of Governors of the University of North Carolina to direct appropriate faculty and students to conduct interviews with survivors.  It was filed on Friday in the House and has not been referred to a committee yet.

House Bills 75 through 86 are recommendations of the MH/DD/SAS Legislative Oversight Committee.  Most require future reports to the Legislative Oversight Committee.

HB 75, Report on Transfer of CAP-MR/DD UR to LMEs (Earle, Farmer Butterfield, Alexander, M. and Brisson Sponsors).  HB 75 seeks to require a report of DHHS to the Legislative Oversight Committee on MH/DD/SAS on the implementation of Utilization Review by designated LMEs for services provided under the CAP-MR/DD program.  The report is to include a cost comparison and a report on accountability measures used by the LMEs to ensure the accuracy of the decisions.  The bill was filed on February 10 in the House and has not yet been referred to a committee.

HB 76, Revise DD Waiting List Process (Earle, Farmer Butterfield, Alexander, M. and Brisson Sponsors).  HB 76 requires the DHHS to report to the MH/DD/SAS Legislative Oversight Committee by September 1, 2011 on a revised process for collecting data to develop a waiting list of persons with intellectual or developmental disabilities who are waiting for specific services. The revised process shall ensure all of the following: (1) A simple, nonduplicated count of children and adults with intellectual or developmental disabilities across the State who are waiting for federally and State‑funded services.  (2) A research‑based waiting list supported by data that accurately reflects the number of individuals waiting for categories of services currently available in this State.  (3) Data showing the number of individuals who are potentially eligible to receive services under the CAP‑MR/DD Waiver.  The bill also cals for an annual report on the waiting list data and (i) an analysis of any service gaps revealed by the data, broken down by geographic location, age, and disability and (ii) plans to address these service gaps.  This bill was filed on February 10 and has not yet been referred to a committee.

HB 77, Apply for TBI Medicaid Waiver (Insko, Earle, Alexander, M. Sponsors).  HB 77 is another recommendation of the MH/DD/SAS Legislative Oversight Committee.  It directs the DHHS to apply for a 1915(c) Medicaid waiver, in consultation with the North Carolina Traumatic Brain Injury Advisory Council, shall develop and apply to the Centers for Medicare and Medicaid Services (CMS) for a 1915(c) waiver to permit persons who sustain traumatic brain injuries to access home and community‑based Medicaid services. The Department shall not submit the application to CMS unless the General Assembly identifies a source of funding sufficient to provide the match for this proposed waiver from State appropriations earmarked for persons with traumatic brain injury. In determining the number of slots and the slot allocation formula for this proposed waiver, the Department shall consider the amount of funding identified by the General Assembly for this purpose.

HB 78, Evaluate Efficacy of CABHA Model (Insko, Earle, Alexander, M., Brisson Sponsors).  HB 78 seeks to require DHHS to report on the criteria and processes used by the Division to evaluate the fiscal, organizational, and programmatic efficacy of implementing  of the Critical Access Behavioral Health Agency (CABHA) model, as recommended by the MH/DD/SAS Legislative Oversight Committee.  The bill was filed on February 10 and has not yet been referred to a committee.

HB 79, Report on MH Services Provided by Hosp. ERs (Earle, Farmer Butterfield, Brisson, Insko Sponsors).  This bill seeks report from the Division of MH/DD/SAS by September 1, 2011 on the utilization of hospital emergency departments by individuals with mental illness. The report shall include a comprehensive statewide analysis of the number of times between January 1, 2011, and June 30, 2011, individuals diagnosed with a mental illness utilized hospital emergency departments, broken down by geographic location, average length of stay, and range in lengths of stay. The report shall also include a comprehensive plan for reducing the length of stay for individuals with mental illness admitted to hospital emergency departments.  The bill was filed on February 10 and has not yet been referred to a committee.

HB 80, Evidence Based Pract. in Psych. Hospitals (Earle, Farmer Butterfield, Brisson, Insko Sponsors).  HB 80 call for a DHHS report by September 1, 2011, and annually thereafter, to HHS Appropriations committees and the MH/DD/SAS Legislative Oversight Committee on the progress achieved in implementing and utilizing uniform evidence‑based practices across all State psychiatric hospitals.

HB 81, Develop Plan for Allocating DD Resources (Insko, Farmer Butterfield, Alexander, M. Sponsors).  HB 81 seeks a plan "for the fair and equitable allocation of resources for all individuals eligible for developmental disability services" from the Division of MH/DD/SAS comprehensive statewide plan. The plan sought shall contain: A resource allocation model based on the results of the Supports Intensity Scale (SIS) or another standardized, reliable, and valid assessment tool for the determination of intensity of need; and  a "standardized formula" for the use of the results of the SIS or other assessment tool data to determine eligibility for type, degree, and array of services, including services provided through State developmental centers and private intermediate care facilities for individuals with mental retardation.  The bill also seeks implementation of this plan statewide by July 1, 2013 and directs DHHS to renew the CAP‑MR/DD Waiver with the two "tiers" currently in operation, applying for additional "tiers" only with the approval of the MH/DD/SAS Legislative Oversight Committee. The bill was filed on February 10 and has not yet been referred to a committee.

HB 82, Funds for Step Down Unit for BART Program (Insko, Alexander, M., Brisson, Farmer Butterfield Sponsors).  HB 82 directs Division of MH/DD/SAS, in consultation with the leadership and advisory committee of the Murdoch Developmental Center, to identify funding sources available to establish a unit providing step‑down services from the Behaviorally Advanced Residential Treatment (BART) Program, and to report to the MH/DD/SAS Legislative Oversight Committee. The bill was filed on February 10 and has not yet been referred to a committee.

HB 83, Modify MHDDSAS Reporting Requirements (Insko, Farmer Butterfield, Earle Sponsors).  HB 83 seeks to modify the DHHS reporting requirements to the MH/DD/SAS Legislative Oversight Committee to include information on the balance of the Mental Health Trust Fund and expenditures, and on the equitable allocation of resources, prevention and early intervention, statewide system of crisis response for adults and children, and management of the utilization of State facilities.  This bill was filed on February 10 and has not yet been referred to a committee.

HB 84, Expand Inpatient Psychiatric Beds/Funds (Insko, Farmer Butterfield, Brisson Sponsors).  HB 84 seeks $39 million for the expansion of local inpatient psychiatric beds or bed days, as recommended by the MH/DD/SAS Legislative Oversight Committee.  This bill was filed on February 10 and has not yet been referred to a committee.

HB 85, Evaluate DD Residential Options for Children (Insko, Earle, Farmer Butterfield Sponsors).  HB 85 requires DHHS to conduct a comprehensive review of current congregate residential placements for children from birth to six years of age who have a developmental delay, intellectual disability, or developmental disability, including beds transferred from State developmental centers to private intermediate care facilities for individuals with mental retardation and an overview of all services available for this population of children (i) through age six and (ii) after age six; and to submit a report of its findings to the MH/DD/SAS Legislative Oversight Committee by September 1, 2011. This bill was filed on February 10 and has not yet been referred to a committee. 

HB 86, Report on NC Clubhouse Programs (Insko, Earle Sponsors).  HB 86  seeks to require DHHS to report on the services provided by Clubhouse Programs, including a description of the types of clubhouse programs available; the specific services available in each type of clubhouse program, actual cost of services provided by each type of clubhouse program,  and the current reimbursement rate for services provided by clubhouse programs.  This bill was filed on February 10 and has not yet been referred to a committee.

HB 87, Sunshine Amendment (LaRoque, Moore, T. Sponsors).  HB 87 seeks to put a proposed Constitutional Amendment on the November, 2012 ballot that would add an amendment to the state Constitution regarding access to public records and meetings.  The bill was filed on February 10 and has not yet been referred to a committee. 

SB 8, No Cap on Number of Charter Schools (Stevens sponsor). This bill eliminates the existing cap of 100 charter schools with a number of modifications to the charter school statute. As discussed in last week's bill update, a subcommittee of the Senate Education committee met on Wednesday to discuss the bill and debate amendments.  A number of amendments to the bill were adopted.  Of particular note, an amendment to the bill by Senator Soucek changes the commission proposed in the prior Proposed Committee Substitute to an advisory body to the State Board of Education, rather than an independent entity.  Several proposed amendments were discussed but not voted on, many of which contained language that would strengthen the protections for students with disabilities.  Disability Rights NC continues to advocate for modified language to ensure inclusion of students with disabilities of all socioeconomic levels in charter schools.

SB 13, Balance Budget Act of 2011 (Stevens, Brunstetter, Hunt sponsors). SB 13 seeks to reduce the current year's budget by at least $400 million, and directs transfers from various funds. It passed the House and Senate this week and is on its way to be vetoed or signed by the Governor.


SB 22, APA Rules: Increasing Costs Prohibition (Brown, Rouzer sponsors). SB 22 seeks to limit new agency rules by amending GS 150B-19 to add that an agency may not adopt a rule that results in additional costs on persons subject to the rule unless the rule adoption is required to respond to a serious and unforeseen threat to the public health, safety, or welfare, an act of the General Assembly or United States Congress that expressly requires the agency to adopt rules, a change in federal or State budgetary policy, a federal regulation, or a court order. The bill received a favorable report from the Senate Committee on Agriculture/Environment/Natural Resources, and was voted on favorably in the full Senate.  The bill will now be go to the House.

SB 53, Disapprove Closure of Dorothea Dix Hospital (Stein, Blue Sponsors).  This is the Senate version of the earlier filed House bill, HB  4, to disapprove the closure of Dorothea Dix psychiatric hospital.  the bill was filed on February 9 and referred to the Senate Committee on Mental Health and Youth Services.


SB 58, Modify FMAP Cuts/Authorize Use of Credit Balance (Brunstetter, Hunt, Stevens Sponsors). SB 58 seeks to prevent reductions in Medicaid provider rates and retirement system contributions to "backfill" the expiring funds from the temporary increased FMAP (the federal Medicaid match) received under the Recovery Act.  It also authorizes the use of $125 million of the funds in the unreserved credit balance on June 30, 2010 to address Medicaid liabilities incurred in the 2009‑2010 fiscal year.  SB 58 was filed on February 9 and has been referred to the Senate Appropriations committee.


SB 60, Lupus Awareness Month  (Robinson Sponsor).  SB 60 seeks to designate May as Lupus Awareness Month.  It was filed on February 10 and has not yet been referred to a committee.

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