EEOC's formal publication of regulations implementing ADA Amendments Act in today's Federal Register

The Effective date of the new regulations is May 24, 2011.

HTML: http://www.gpo.gov/fdsys/pkg/FR-2011-03-25/html/2011-6056.htm
PDF: http://www.gpo.gov/fdsys/pkg/FR-2011-03-25/pdf/2011-6056.pdf (40 pages)

EEOC also released several guidance documents:

Text of the ADAAA

EEOC's Notice Concerning The Americans With Disabilities Act (ADA) Amendments Act of 2008

Final Regulations Implementing the ADAAA

Questions and Answers on the Final Rule Implementing the ADA Amendments Act of 2008

Questions and Answers for Small Businesses: The Final Rule Implementing the ADA Amendments Act of 2008

Fact Sheet on the EEOC’s Final Regulations Implementing the ADAAA

Bill Update for the Week of March 21

Bills Previously Filed with Action Last Week:

HB 234, Juror Qualifications/Disabilities (Glazier, S. Stevens, Parfitt, Samuelson Sponsors). HB 234 seeks to amend the current Juror Qualifications statute to remove the ability to hear as a requirement to serve as a juror. It also seeks to amend the statute regarding Requests to be Excused from Jury Duty to allow potential jurors with a disability to request to be excused if the person feels that their disability could interfere with their ability to serve as a juror. Disability Rights NC is working with the sponsors to support the bill. As reported last week, the bill was heard in the House on Thursday, March 17 and while there were still some who spoke against the bill on the ground that it should be allowable to exclude people who are deaf from a jury pool, most of the opposition appeared to be to an amendment lowering the age at which potential jurors can request to be excused based on age. For this reason, the final vote on the bill was not held until Tuesday of this week. On Tuesday, the bill was amended in an 88-30 vote to remove the change in age (which was irrelevant to the original purpose of the bill). At that point, Representative Randleman very eloquently spoke in support of the bill, stating that it simply makes the law consistent with what is already current practice. The bill passed 106-12. It now proceeds to the Senate, where it has been referred to the Senate Judiciary I Committee.


HB 329, Bldg Codes/Expand Equine Exemption (Horn, Dixon, Faircloth, Burr Sponsors). As originally filed, this bill sought to exempt from the building code farm buildings used for a spectator event with more than 10 members of the public present at the event. As the building code requires certain accessibility provisions, in addition to safety, etc., the bill raised concerns for Disability Rights NC. A Proposed Committee Substitute for the bill was presented in the House Committee on Agriculture this week. The new version narrows the exception to farm buildings used for temporary (defined as 120 hours in a calendar year) events where a fire watch is maintained. The new version received a favorable report from the committee but more changes may be made to the bill as it proceeds. The bill will next be heard in the full House.

SB 33, Medical Liability Reforms and Tort Reform Update (Rucho, Apodaca, Brown sponsors). SB 33 seeks to limit medical liability claims through several reforms including a higher standard for liability when providing emergency medical care, ordering bifurcation upon motion of any party, and limiting the amount of noneconomic damages that may be awarded to $500,000 for each plaintiff. The bill was approved by the Senate and is now being considered in the House Select Committee on Tort Reform. A bill draft of comprehensive Tort Reform legislation was presented in the House Select Committee on Tort Reform this past week. It proposed lowering the cap on non-economic damages down to $250,000 (as originally proposed in SB 33), limiting liability for drug manufacturers as long as their product had been approved by the appropriate government regulators, and limiting the amount of punitive damages that can be awarded to a plaintiff to 25% of the punitive awarded with the remaining 75% going to a fund for education, among several other proposals.

SB 316, Additional Section 1915 Medicaid Waiver Sites (Hartsell Sponsor). SB 316 authorizes DHHS to allow additional 1915 (b)/(c) Medicaid waiver sites and to allow third-party billing for state facilities. This would allow further expansion of 1915(b)/(c) waivers beyond PBH, Mecklenburg and Western Highlands, without legislative approval. The bill was heard in the Senate Mental Health Committee this week. During the committee discussion, it was acknowledged that many object to the inclusion of the 1915(c) (a Home and Community Based Supports waiver for people with developmental disabilities) in the managed care model. However, the bill received a favorable report. It will be heard on the Senate floor next week. A house version, HB424 (Barnhart, Ingle and Insko sponsors) was also filed this week and referred to the House Committee on Health and Human Services. As we have previously expressed, Disability Rights NC remains concerned about the expansion of the use of the 1915(b)/(c) waivers on numerous grounds. There are also many questions about how the state will proceed with LME mergers, and, in turn, what entities will be operating the 1915(b)/(c) waivers.

Newly Filed Bills:


HB 417, Extend Time for Site of Low/Moderate Income Housing (McGrady Sponsor). HB 417 seeks to extend the time, for tax purposes, that real property may be held by a non-profit organization as a future site for housing for individuals or families with low or moderate incomes from 5 to 10 years. It was filed on March 21 in the House and referred to the House Commerce Committee.


HB 423, Enact First Evaluation Program (Hurley Sponsor). HB 423 seeks to codify a practice that has been piloted that allows the Secretary to waive the requirements for a physician or eligible psychologist to perform the initial examination for involuntary commitment and substitute a licensed clinical social worker, a master's level psychiatric nurse, or a master's level certified clinical addictions specialist at the request of an LME. When making and considering the request, certain criteria must be addressed. The proposed statutory language also specifies that the waiver shall be for 3 years and the LME shall assure that a physician is available at all times to provide backup support to include telephone consultation and face to face evaluation, if necessary. It was filed in the House on March 22 and referred to the House Health and Human Services Committee.


HB 466, Spend 65% of Funds in the Classroom (Blust). HB 466 seeks to add a new section to Chapter 115C “to ensure that sixty five percent of State funds for the operations of the public schools are used for classroom instruction.” It directs the State Board of Education to modify its allotment formulas, modify its rules regarding the expenditure of State funds, and transfer funds, as necessary, to ensure that each local administrative unit spends on classroom instruction at least sixty five percent (65%) of the State funding it receives for the operations of the public schools. It is not clear how “classroom instruction” would be defined. It has not yet been referred to a committee.

HB 467, Improve School Discipline (Blust Sponsor). HB 467 seeks to amend the current law related to the use of reasonable force in schools to allow reasonable force to be used for discipline purposes and to make it even more difficult to hold school personnel liable for excessive force. The bill proposes a “Teacher Protection Act” “to deter meritless lawsuits and sanction deliberately false reports against educators.” Disability Rights NC is opposed to this bill. It has been filed in the House but not yet referred to a committee.

HB 474, Protect Adult Care Home Residents (Weiss, Hollo, Farmer-Butterfield, Earle Sponsors). HB 474 proposes changes to Chapter 131D governing adult care homes to increase minimum continuing education, training, competency evaluation and inspection requirements for Adult Care Home medication aides, related to Infection Control Requirements. It has been filed in the House but not yet referred to a committee.


SB 384, Conforming Changes/Persons with Disabilities Act (Hartsell). This is a Disability Rights NC agenda bill. It seeks to amend the North Carolina Persons with Disabilities Protection Act to conform to the Americans with Disabilities Amendments Act of 2008. The bill was filed in the Senate last week and will be heard in the Senate Healthcare committee next week – Wednesday at 11 am.


SB 394, Clarify Process/Reportable Offenses in Schools (Newton, Tillman, Preston Sponsors). SB 394 seeks to amend the statute (115C-288(g)) regarding principal reporting of certain acts to law enforcement. It proposes to change the standard from a principal’s “personal knowledge or actual notice from school personnel” to “reasonable belief” (which is further defined) that a specified act has occurred on school property. It also provides that the State Board of Education shall not require the principal to report to law enforcements acts in addition to those required in the statute. It was filed in the Senate on March 22 and referred to the Senate Judiciary I committee.

Bill Update for Week of the March 14

Bills Previously Filed with Action Last Week:

HB 234, Juror Qualifications/Disabilities (Glazier, S. Stevens, Parfitt, Samuelson Sponsors).  HB 234 seeks to amend the current Juror Qualifications statute to remove the ability to hear as a requirement to serve as a juror.  It also seeks to amend the statute regarding Requests to be Excused from Jury Duty to allow potential jurors with a disability to request to be excused if the person feels that their disability could interfere with their ability to serve as a juror.  Disability Rights NC is working with the sponsors to support the bill.  The bill was Referred to the House Judiciary Subcommittee A , where it was heard on March 16.  There was one amendment to the bill in the committee – to change the age at which a potential juror can ask to be excused for age alone from 72 to 66.  There was no opposition to the amendment in committee but, unfortunately, the amendment proved to be an issue on the House floor.  The bill was heard in the House on Thursday, March 17 and while there were still some who spoke against the bill on the ground that it should be allowable to exclude people who are deaf from a jury pool, most of the opposition appeared to be to the lowering of the age.  The House voted 92-24 in favor of the bill but objected to 3d reading, so there will be another vote next Tuesday, March 22.

SB 8, No Cap on Number of Charter Schools (Stevens sponsor). This bill eliminates the existing cap of 100 charter schools and makes a number of changes to the existing statute governing charter schools. A new Proposed Committee Substitute was heard in House Education this week and received a favorable report.  This version of the bill again makes changes to the proposed charter schools commission and allows the State Board to veto decisions of the commission by a two-thirds vote.  It now also requires that a school's application include a school's plans for providing transportation and food services, also stating that, for each, the school shall make efforts to ensure that it is not a barrier to any student from a household with income below 185% of the poverty level and  within within 3 miles, in the case of transportation.  The bill will now proceed to House Finance.

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, a change in federal or State budgetary policy, a federal regulation, or a court order.  Last week, the Senate concurred in the House Committee Substitute and ratified.  It now goes to the Governor.

SB 248, Update Archaic Disability Terms (Hartsell Sponsor). SB 248 recommends several changes throughout the statutes regarding appropriate terminology for people with disabilities.  It reflects recommendations made by the General Statutes Commission.  SB 248 was heard in the Senate Committee on Healthcare last Wednesday, March 16 and proceeded to the Senate floor where it passed 2d and 3d reading on Thursday, March 17. 

Newly Filed Bills:


HB 344, Tax Credits for Children with Disabilities (Stam, Randleman, Jordan and Jones Sponsors). The bill creates an income tax credit for families of children with disabilities who require special education and are attending a nonpublic school or in a public school at which tuition is charged. The credit is equal to the amount the taxpayer paid for tuition and special education and related services expenses, not to exceed three thousand dollars ($3,000) per semester. For home schools, the credit is equal to the amount the taxpayer paid for special education and related services expenses, not to exceed three thousand dollars ($3,000) per semester. It also creates a Fund for Special Education and Related Services, with $2,000 per tax credit given being transferred to the Fund each year. The State Board of Education shall use the revenue in the Fund only for special educational and related services for children with disabilities. HB 344 was filed in the House last week and referred to the House committee on Education, and, if favorable, Finance. Disability Rights NC neither supports nor opposes the bill.


HB 351, Restore Confidence in Government (Lewis, Moore and Killian Sponsors). HB351, aka the “Voter ID” bill, will require photo identification before voting. The bill also makes a number of other changes to the election laws related to campaign finance. The bill was filed Monday night. A public hearing was held on Tuesday afternoon, followed by a committee meeting to discuss the bill. The bill will be discussed in the Election Law committee again next week but it is unclear whether the committee will vote or not. The bill requires voters to present one of seven types of photo identification at polling places in order to vote: a NC drivers license; special identification card from the Division of Motor Vehicles (which will be free under the bill’s proposed changes to anyone eligible to vote who does not have a valid photo identification acceptable under this section); a valid identification card issued by any branch, department, agency or entity of any state in the U.S. authorized by law to issue personal ID; a valid US passport; a valid employee ID card issued by any branch, department, agency or entity of the US, NC, or any county, municipality, board, authority or other entity of this state; a valid US military ID card; a valid tribal ID card; or a valid NC Voter Identification card (a new form of photo ID to be issued by county boards of election). To obtain a Voter ID card, a person must present a photo identity document or a nonphoto identity document if it has the person’s name, evidence that the person is registered to vote in NC, and documentation showing the person’s name and residence address. (Note there is no change to the voter registration application which DOES NOT require photo ID but requires a drivers license number or, if the applicant does not have a drivers license number, the last four digits of the applicant's social security number, and any other information the State Board finds is necessary to enable officials of the county where the person resides to satisfactorily process the application.) The proposed Voter ID card is only valid as long as the person resides at that address and remains qualified to vote – each time a person moves, he/she will have to obtain a new card and surrender the old card. To register and vote at a one-stop site, a voter will have to present photo ID as described above. If a voter is not able to present photo ID, the voter may vote a provisional ballot but will need to come back and provide valid photo ID and execute an affidavit affirming that she voted on election day or at an early voting site. It also adds the voter presenting proof of identification as a reason to challenge another voter; and adds “observer” to the list of officials who may enter challenges against voters. The bill also modifies the requirement for requesting absentee ballots so that the requestor need only sign the ballot and not write the entire request. At the public hearing DRNC discussed barriers that already lead to people with disabilities voting at a rate 10-15% lower than the rest of the population, and our concerns that additional requirements will only further deter voters with disabilities. We also suggested several changes to the legislation including an exemption for eligible voters living in long term care facilities, to allow voters with a valid ID to prove a new address with accompanying documentation to change registration or vote at an Early Voting site, and to allow the ID requirement to be waived if the poll worker can corroborate the voter’s identity. A Senate version, SB 352 (Meredith and Hise Sponsors) was also filed this week.


HB 364, Funds/Project C.A.R.E. (Adams Sponsor). HB 364 seeks funds for the Project Caregiver Alternatives to Running on Empty program. The bill was filed in the House on March 15 and referred to the House Appropriations Committee.

HB 374, Eugenics Records/Public Records Exemption (Womble and Parmon Sponsors). The bill makes clear that records in the custody of the State concerning the North Carolina Eugenics Board program are not public records to the extent they concern: (i) persons impacted by the program, (ii) persons or their guardians or authorized agents inquiring about the impact of the program on them, (iii) persons or their guardians or authorized agents inquiring about the potential impact of the program on others. It also states that a person impacted by the program may obtain that person's individual records under the program, and a guardian or authorized agent of that person may also obtain them. The bill was filed in the House on March 16 and referred to the Judiciary Committee.


HB 377, Strengthening Residential Placement (Brisson Sponsor). HB 377 seeks changes to the budget special provision regarding the restructuring of Level III and IV mental health residential placements to add that an assessment shall be completed to ensure the appropriateness of placement before admission to such a placement; to extend the length of stay to 180 from 120 days (180 is the average length of stay); and to specify that the authorization approval is not conditional upon all signatures and that LMEs shall designate appropriate individuals who can sign the discharge plan within 24 hours of receipt. The bill was filed in the House on March 16 and referred to the House Committee on Health and Human Services.



HB 397, DHHS Penalties and Remedies Revision (DHHS Agency Bill) (Lewis Sponsor). HB 397 seeks to amend facility penalty provisions under 122C, 131D and 131E to split Type A violations into Type A1 (violations that result in death or serious physical harm, abuse, neglect, or exploitation) and Type A2 violations (violations that result in substantial risk that death or serious physical harm, abuse, neglect, or exploitation will occur). When a Type A1 violation is found, the person making the finding shall require a written plan of protection regarding how the facility will immediately abate the Type A1 Violation in order to protect clients from further risk or additional harm; and the Department shall impose civil penalties. A Type A2 violation still requires a written plan of protection but civil penalties are only imposed when the facility fails to correct. It also prohibits a penalty for a past corrected violation (defined as a violation not previously identified by the Department that has been corrected) when the violation or violations were abated immediately; and the facility implemented corrective measures to achieve and maintain compliance.  HB 397 was filed on March 16 and referred to the House Judiciary A Committee, and, if favorable, to Finance.

SB 344, Government Transparency Act of 2011 (Clary, Tucker and Goolsby Sponsors).  SB 344 would require state agencies and other public entities (including LMEs and counties)  to maintain information on employee performance and the reasons for each promotion, demotion, transfer, suspension, separation, or other change in position classification.  The bill was filed in the Senate on March 14 and referred to the Senate Judiciary I Committee. 

SB 370, Increase Disabled Vet Property Tax Exclusion (Tillman and Soucek Sponsors). The bill seeks to increase the disabled veteran property tax homestead exclusion from $45,000 to $65,000. It has been filed in the Senate but not yet referred to a committee.

SB 375, Facilitate Statewide Health Info. Exchange (Stein and Brunstetter Sponsors). SB 375 seeks to set up a statewide health information exchange network. The framework proposed is to facilitate the exchange of healthcare information among covered healthcare providers within the confines of HIPAA. It allows individuals the right to opt out if they so choose. The provisions proposed only apply to protected health information disclosed within the Health Information Exchange. It has been filed in the Senate but not yet referred to a committee.

Disability Awareness Day March 22d at the NC Legislature

See the flyer here.

Morning Schedule (in the Auditorium):

10 AM. -10:15 Opening Remarks /Introductions and Logistics

10:15 -10:50 Discovering and Discussing Common Advocacy Goals a.k.a “Building the “We” –facilitated by J. Whalen

10:50—11:00 break

11:00-11:40 Current and Constant Awareness and Policy Challenges—Voices of Success and Frustration—“Open Mic type session”

11:40-11:55 Legislative Talking Points (some issues we all can share with legislators in the afternoon)

11:55--? Lunch (on your own –however 100 or so sandwich/fruit/water combos will be available for first registered/first-served attendees).

Afternoon:

Meet with legislators or continue team building with other advocates

Bill Update for the Week of March 7

Bills Previously Filed with Action Last Week:


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. In last week's update, I reported that the Governor vetoed the bill. The House voted to override the veto last week but fell short.  However, due to some parliamentary maneuvering, the House could make another attempt to override the veto this coming week.

HB 115, North Carolina Health Benefit Exchange Act (Dockham, Brubaker, Wray, Murry Sponsors).  HB 115 seeks to establish a Health Benefit Exchange to make available qualified health benefit plans beginning in 2014.  This bill creates a version of the exchange that is governed by a board that includes insurers as voting members and less consumer protections than have been discussed previously at the NC Institute of Medicine Health Benefit Exchange workgroup. The bill was heard but not voted upon in the House Health and Human Services committee last week.   Insurance Commissioner Wayne Goodwin presented an alternative model for board governance of the new NC Health Marketplace.  Rather than allowing insurers on the board of the marketplace, there would be a core board of experts in health care economics, markets and policy – all without financial conflicts of interest.  But there would also be several official board advisory committees to the Marketplace:  one of insurers, one of providers, one of consumers, one of businesses, etc., who would all offer their expertise to the board through individual ex-officio non-voting members.  Disability Rights NC and the Citizens for Responsible Health Care are very appreciative that this process has slowed down and that some thoughtfull consideration is being put into this very important issue.

SB 8, No Cap on Number of Charter Schools (Stevens sponsor). This bill eliminates the existing cap of 100 charter schools and makes a number of changes to the existing statute governing charter schools. A new Proposed Committee Substitute was heard in House Education last week but not voted upon.  Although the language that we remain concerned with regarding discrimination in admissions remain unchanged, a number of other changes were made that continue to take the bill in a positive direction - including a new provision that gradually raises the cap by 50/year, creates a Public Charter School Commission under the State Board of Education (with the majority of the appointees coming from the legislature), and a number of changes to the local funding that will not transfer to the charter schools.  It is scheduled to be heard again this Tuesday.

 

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. The Governor vetoed the bill on February 22.  The Senate voted to override the veto on March 9.

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, a change in federal or State budgetary policy, a federal regulation, or a court order.  Several amendments were attempted when the bill was heard on the House floor, including removing the unforeseen language regarding public health, safety or welfare, but each failed.  The bill passed 2d and 3d reading in the House and now goes back to the Senate for concurrence.

Newly Filed Bills:


HB 247, Enhance Charter School Accountability (Glazier, Cotham, Rapp and Lucas Sponsors). HB 247 was filed this week as the Democrats’ response to SB 8, also lifting the cap on charter schools. It was referred to the House Committee on Education, and then to Finance and Appropriations. As stated above in the update for SB 8, it continues to head in the right direction, so perhaps there will be a meeting of the minds with some of the additional language in HB 247. In particular, Disability Rights NC supports the amendments HB 247 proposes to 115C-238.29F(g)(5) regarding discrimination in the admissions process.


HB 249, Update Archaic Disability Terms (Ross Sponsor). HB 249 recommends several changes throughout the statutes regarding appropriate terminology for people with disabilities. It reflects recommendations made by the General Statutes Commission. It has been referred to the House Judiciary Subcommittee A.  SB 248 (Hartsell Sponsor) was also filed in the Senate.  SB 248 was referred to the Senate Committe on Health Care where it is scheduled to be heard on Wednesday.

HB 267 and HB 287, Mental Health Workers’ Bill of Rights (Bell Sponsor).  Both bills seeks to enact an Artilce 8 in Chater 122C to establish a bill of rights for mental health workers, which includes among other things, the right to protect oneself from harm, to refuse work that poses a danger to one's health and safety, to adequate staffing levels, adequate and updated equipment and techniques to insure safer working conditions and quality care for the patients, and to refuse excessive overtime.  HB 267 includes two additional rights that HB 287 does not: the right of workers to evaluate the performance their supervisor as one of the criteria for their raises and ongoing duties; and the right to belong to a union and engage in collective bargaining over terms and conditions of work. HB 267 has been referred to the House Rules committee and HB 287 has been referred to the House HHS committee.

SB 316, Additional Section 1915 Medicaid Waiver Sites (Hartsell Sponsor).  SB 316 authorizes DHHS to allow additional 1915 (b)/(c) Medicaid waiver sites and to allow third-party billing for state facilities.  This would allow further expansion of 1915(b)/(c) waivers beyond PBH, Mecklenburg and Western Highlands, without legislative approval.  It has been filed but not yet referred to a committee.  As we have previously expressed, Disability Rights NC remains concerned about the expansion of the use of the 1915(b)/(c) waivers on numerous grounds.

Week of March 7 Budget Update

HHS Appropriations
Medicaid and Piedmont Behavioral Health
On Tuesday, Craigan Gray and Steve Owen finished up a presentation on Medicaid and Pam Shipman from PBH presented.  The Medicaid handout is online here.  The PBH presentation is online here.  The PBH presentation was not much different from other presentations they have done.  Some points that were made that I would like to note:

• The slide that states that the PBH model has management of all public resources, including Medicaid funds, state/federal funding and state institution funds, is misleading.  PBH only covers behavioral health.  Other Medicaid services (primary care, etc.) are covered under the Southern Piedmont Community Care Plan (the local CCNC affiliate).
• State funds account for 20% of the PBH budget.
• Although the slides related to comparative costs for certain types of services are not clear as to scale, they demonstrate no significant cost differential for ICF-MR, 1915(c) services (Innovations and CAP-MR/DD), and possibly outpatient and inpatient psychiatric care (without further explanation of their numbers it is impossible to know if the difference is statistically significant).

Division of Mental Health and the Division of State Operated Healthcare Facilities
On Wednesday, legislative staff  (NOT DHHS staff as was done for Medicaid) presented reduction options related to the Division of Mental Health and the Division of State Operated Healthcare Facilities.  Of particular note:

• It was stated that the cost of ICF-MRs is mostly medicaid, with only a small amount in the DMH and DMA budgets for state dollars, so there wouldn't be much savings to close the DD Centers.
• Total funds spent through the LMEs - $533 mil (state and federal) - $350 mil to community services ($350 mil) and $115 mil in administrative funding (22% of the money allocated to LMEs, $65 mil state and $50 mil federal).  Staff discussed the high percentage of administrative costs (according to the Mercer report the national average is 10-15%) and laid out options to consolidate and reduce the number of LMEs.  For community services funds, staff suggested standardizing the service package of benefits among LMEs, creating a standard benefits package among LMEs, and instituting a co-payment as reduction options.  There were alse questions about the LME fund balances.
• Staff put forth closing the Wrights School as an option.
• ADATCs – there is not really an option for this, but could see if there is a private market.
• Advocacy staff - $3.5 mil in salaries/fringe (both state and federal cost) – 40 positions to serve 15 facilities, 23 throughout communities.  In his response, Secretary Cansler pointed out that the advocacy staff is crucial to the facilities, and the amount saved in state dollars would be minimal.
• CRH Hospital Administrator Contract – could save $30K by hiring as an employee.  Cansler also responded to this point in his response.

Education Appropriation
K-12 Education Reduction Options - handout here.  Some options discussed include:

• Eliminating $9 mil in support for Child and Family Support Teams
• Children with Disabilities Reductions: 2 reductions are discussed: 1)  3.4, 4.2 and 5% reductions to the state allocation for children with disabilities ($23,964,707, $29,042,061, and $34,694707 reductions to $693,894,148).  Staff is further investigating this option regarding federal Maintenance of Effort requirements for IDEA funding.  These options were not in the Governor's budget.  2) The Governor's budget included a $7 mil reduction in anticipation of a reduced headcount.
• Reduce funding for the Residential Schools for the Deaf and Blind by 5 and 10% ($1.6 mil and $3.3 mil out of $32.6 mil budget).
• There are also proposals to reduce funding for teacher assistants, local school district central office administration, principal and assistant principals, instructional support (guidance counselors, social workers, etc.), eliminate funding for staff development, retirement incentives for LEAs and to eliminate the More at Four/DPI Office of School Readiness.

Proposed Community College Admission Rule Coming Up at the Rules Review Commission March 17th

As you may remember from an earlier post, the Community College board proposed a change to its admission policy last September.  The proposed language would allow community colleges to adopt policies refusing admission "if it is necessary to protect the health or safety of the applicant or other individuals." The proposed language does not detail how such a determination will be made, nor did it mandate notice and appeal of the decision by the applicant. In response, Disability Rights NC, along with the ACLU of North Carolina, the Arc of North Carolina, the Autism Society of North Carolina, and the National MS Society in NC, filed written comments and commented in person at a public hearing to voice our opposition to the proposed rule amendment.


Unfortunately, the Community College board has proceeded with the rule change.  The Community College board did incorporate language directing the Board of trustees to implement an appeals process for applicants denied admission under the new rule.  The new language can be seen on the Rules Review Commission website here in the Log of Permanent Rule Filings that will be considered next Thursday, March 17 - look under Community Colleges, Board Of - Admission to Colleges. 
When the Rules Review Commission (RRC) takes up the rule at its meeting on March 17th (it is not listed separately on the agenda but is on the Log of Permanent Rule Filings to be considered), it will not consider questions relating to the quality or efficacy of the rule but only determines whether the rule meets all of the following criteria:

(1) It is within the authority delegated to the agency by the General Assembly.

(2) It is clear and unambiguous.

(3) It is reasonably necessary to implement or interpret an enactment of the General Assembly, or of Congress, or a regulation of a federal agency. The Commission shall consider the cumulative effect of all rules adopted by the agency related to the specific purpose for which the rule is proposed.

(4) It was adopted in accordance with Part 2 of this Article (i.e., the agency followed the proper procedures in the Administrative Procedures Act, G.S. 150B-21.2 in this case).

The RRC can either approve or object on these grounds. If they object, it will be sent back to the Board of Community Colleges which has the opportunity to try to adjust the rule to address the RRC’s concerns. Then the rule would go back to RRC.

We have been told that there were already at least 14 objections from the public as of several weeks ago. This means that regardless of whether the RRC approves or objects, the rule is going to be subject to legislative review and the effective date will be postponed. The Administrative Procedure Act says that if the rule is subject to legislative review, the legislature has until the 25th legislative day of the following legislative session to file a bill disapproving the rule which actually means that the General Assembly has until the 25th day of the 2012 session to deal with this. However, the legislature may take it up earlier than that to disapprove the rule if it so chooses. In the meantime, the rule cannot go into effect.

Anyone can provide comments to the RRC or object to the proposed rule.  Written or oral comments to the RRC would be most effective if they address the elements listed above.  To submit written comments to the RRC, the comments must be submitted to the individual commissioners, the RRC staff (2 copies if in writing and 1 copy if by email), and the agency rulemaking coordinator by 5:00 pm of the Tuesday of the week prior to the RRC meeting - which would be TOMORROW.  Contact information for the RRC members can be found here, RRC staff contact information is here and the rulemaking coordinator for the community colleges is Shante Martin, martins@nccommunitycolleges.edu.  If you would like to make an oral statement at the RRC meeting, you must notify the RRC staff  and the agency rulemaking coordinator in writing by 5:00 pm of the second business day before the RRC meeting - you must identify the rule upon which you are seeking to comment, and include your name, address, telephone number, fax number and email address.  If you did not submit a written comment, state whether your oral statement will support or oppose the rule.

Finally, to object to the rule on substantive grounds, you must submit a written objection clearly requesting review by the legislature by 5:00 PM of the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.

Bill Update for the Week of February 28

I apologize for getting this out late.  Here's an update on newly filed bills and action on bills previously filed from last week.

Bills Previously Filed with Action Last Week:

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. The Governor vetoed this bill on Saturday.  Stay tuned on whether the legislature will seek an override vote.

SB 8, No Cap on Number of Charter Schools (Stevens sponsor). This bill eliminates the existing cap of 100 charter schools and makes a number of changes to the existing statute governing charter schools. The bill was referred to the House Committee on Education last week, where it is scheduled to be heard tomorrow at 10 am.

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, a change in federal or State budgetary policy, a federal regulation, or a court order.  The bill is now in the House and was heard in the House Agriculture/Natural Resources Committee last week.  The Proposed Committee Substitute heard and approved in the House committee included language defining "substantial estimated additional costs" and added a sunset of July 1, 2012.  There was ample testimony from members of the committee about concerns about this legislation.  A former state health director also spoke about his concerns about limiting rulemaking related to public health, safety, or welfare only to serious and unforeseen threats.  A letter from administrative law professors raising similar concerns was also mentioned during the committee hearing.

Newly Filed Bills:

HB 223, Health Families & Workplaces/Paid Sick Days (Adams Sponsor). This legislation seeks to ensure that all workers have paid sick days for the own medical needs as well as the health needs of their family members. It was introduced in the House last week and referred to the Committee on Commerce and Job Development.



HB 229, Rural Operating Assistance Program Changes (Owens Sponsor). HB 229 will allow regional public transportation authorities, upon written agreement with the counties, to apply for Elderly and Disabled transportation and assistance funds to which the member counties are entitled to receive. The bill was filed in the House last week and referred to the House Committee on Transportation.


HB 233, Department of Correction/Ex-Offenders (Pierce, Bryant, M. Alexander, Frye Sponsors). This bill was a recommendation of the Joint Select Committee on Ex Offender Reintegration into Society.  HB 233 designates the Department of Correction (DOC), Office of Research and Planning (ORP), as the single State agency responsible for the coordination and implementation of ex-offender reentry policy initiatives, including the StreetSafe Task Force, the Justice Reinvestment Initiative of the Council of State Governments (CSG), and the recommendations of the Joint Select Committee on Ex Offender Reintegration into Society. The ORP is also directed to work with local communities to form a minimum of 10 local reentry councils to supervise and coordinate innovative responses to reintegration at the local level and to use the existing services of programs, e.g., the Criminal Justice Partnership Program; and to form an advisory group that represents the population it proposes to serve, including, but not be limited to, the formerly incarcerated, people with criminal records, and at risk youth, as well as agencies that serve all of the above. The bill also directed the DOC to continue its efforts to assist offenders in successfully reentering society and to enable them to avoid further criminal behavior, including monitoring and maximizing the access to the partnerships with the Division of Motor Vehicles regarding identification cards and licenses and the community colleges regarding education and job readiness, and by maximizing work release slots for minimum custody inmates approaching release. The bill was filed in the House on March 3d and has not yet been referred to a Committee.  A companion Senate bill, SB 221 (Hartsell, Dannelly, E. Jones Sponsors), was also filed in the Senate.  Disability Rights NC followed the committee on Ex-Offender Reintegration and advocated for services for ex-offenders with mental illness in particular. 

HB 234, Juror Qualifications/Disabilities (Glazier, S. Stevens, Parfitt, Samuelson Sponsors). HB 234 seeks to amend the current Juror Qualifications statute to remove the ability to hear as a requirement to serve as a juror. It also seeks to amend the statute regarding Requests to be Excused from Jury Duty to allow potential jurors with a disability to request to be excused if the person feels that their disability could interfere with their ability to serve as a juror. Disability Rights NC is working with the sponsors to support the bill. We believe the bill will remove a requirement from the Juror Qualification statute that is illegal under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.  The bill was filed in the House on March 3d and has not yet been referred to a committee.

HB 237, Economic Impact/Regulatory Legislation (Dollar, Rhyne, McElraft, Folwell Sponsors). HB 237 seeks to require economic impact statements on all bills that propose regulatory changes, similar to the fiscal notes that agencies prepare during rulemaking. The bill goes hand-in-hand with SB 22, APA Rules: Increasing Costs Prohibition, which seeks to curtail any state regulations that have a fiscal impact. SB 22 sets a high standard for when regulations may be promulgated for health and safety – it must be an unforeseen threat to the public health, safety, or welfare. The bill was filed in the House on March 3d and has not yet been referred to a committee.

SB 166, No Adult Left Behind (Hartsell). SB 166 seeks to establish a “No Adult Left Behind” initiative led by the Commission on Workforce Development, acting as the lead agency, geared toward achievement of major statewide workforce development goals. The goal of the Initiative is to increase the percentage of North Carolinians who earn associate degrees, other two year educational credentials, and baccalaureate degrees. The bill was filed last week and will be heard in the Senate Committee On Education/Higher Education on Wednesday at 10 am.


SB 167, Expand Capitated Waiver (Hartsell Sponsor), the Senate companion bill to HB 127, (Insko, Barnhart, Alexander Sponsors), allows DHHS to expand the 1915(b)/(c) Medicaid waiver to any additional local management entity catchment area upon demonstrating to the satisfaction of the General Assembly that the expansion (i) is allowable under Medicaid, (ii) will result in savings to the State, and (iii) will provide outcomes equal to or better than those that could be achieved without the proposed expansion. It was filed in the Senate last week and was Referred to the Senate Committee on Health Care.


SB 217, Promote Funding Availability (Hartsell, Dannelly, E. Jones Sponsors). SB 217 is another recommendation of the Joint Select Committee on Ex Offender Reintegration into Society. The bill directs the Governor's Crime Commission of the Department of Crime Control and Public Safety to increase its efforts to promote funding availability to local and nonprofit groups engaged in ex offender reintegration services based on evidence based practices, and shall establish offender reentry as a funding priority. The bill was filed in the Senate last week but has not yet been referred to a committee.


SB 219, OSP/ Hiring of Ex-Offenders (Hartsell, Dannelly, E. Jones, Ed Sponsors). SB 219 directs the Office of State Personnel to develop a protocol for State agencies to collect and track application and hiring rates of ex offenders and to develop proposed policies identifying the specific occupational categories for which a conviction is a bar to employment. The proposed policies shall require that for those occupational categories, the hiring authority may require disclosure of prior conviction on application; however, for all other occupational groups, the proposal shall provide that State hiring authorities shall not, during the hiring process, make an inquiry regarding a conviction on the initial application for employment and shall only take into consideration a conviction after the applicant has been selected as a finalist for that position. The bill has been filed in the Senate but not yet referred to a committee.

Citizens for Responsible Health Care to Hold a Press Conference Tomorrow at Legislature

MEDIA ADVISORY: New Health Care Coalition calls for pro-consumer Health Insurance Marketplace in North Carolina

Tomorrow, Wednesday March 2, Citizens for Responsible Health Care will outline what a meaningful health benefit exchange should look like – the biggest health care issue in North Carolina’s General Assembly in years.

WHO: Citizens For Responsible Health Care, a 9-group coalition of health care and consumer organizations

WHAT: A press conference

WHEN: Wednesday, March 2, 11 a.m.

WHERE: Outside of the NC legislative building on 16 W. Jones St.
RALEIGH (March 2, 2011) – To improve health care for North Carolinians, the state’s Health Insurance Marketplace must offer real choice that brings down costs for individuals and small businesses – and not simply be a tool of the insurance industry.

With some bills threatening meaningful health care improvements for North Carolina, Citizens For Responsible Health Care will hold a press conference March 2 outlining what a meaningful, pro-consumer marketplace should look like.

North Carolina and other states are required by the Affordable Care Act to create "benefit exchanges" by 2014. These are meant to be online marketplaces where consumers and small business can find affordable plans.

But insurance industry influence threatens to undermine these vital reforms. Tomorrow, the coalition will offer two principles that any meaningful health insurance marketplace must abide by:

1. Real competition and meaningful choice to bring down costs.
2. Credibility and independence – be a tough, independent consumer watchdog.

Members of coalition groups will be available for media comment.
CITIZENS FOR RESPONSIBLE HEALTH CARE MEMBER GROUPS
AARP North Carolina
Action for Children North Carolina
American Cancer Society
Covenant with North Carolina’s Children
Disability Rights North Carolina
Hemophilia of North Carolina
National Multiple Sclerosis Society – North Carolina Chapters
North Carolina Justice Center
North Carolina State AFL-CIO

FOR MORE INFORMATION, CONTACT: Abby Carter Emanuelson, National Multiple Sclerosis Society, 919.792.1006, abby.emanuelson@nmss.org; Adam Searing, Project Director, North Carolina Health Access Coalition, adam@ncjustice.org, (919) 856-2568; Jeff Shaw, Director of Communications, NC Justice Center, jeff@ncjustice.org, 503.551.3615.