The Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, & Substance Abuse Services met on September 8, 2010. The agenda is online here. The handouts from the committee are posted on the legislature's website here.
During the Secretary's remarks, he discussed the state psychiatric facilities. An October 1 groundbreaking is scheduled for the new Cherry hospital in Goldsboro. The groundbreaking on the new Broughton hospital in Morganton is scheduled for the Spring. Although the legislature will technically have a chance to veto the decision to close Dix hospital in Raleigh, he discussed the plans to close that facility. The department is increasing the number of beds at Cherry and Broughton to maintain the current number of beds. A 26 bed minimum forensic unit will remain open at Dix.
Wednesday, September 15, 2010
New NC DHHS Resource on Supported Housing
This publication explains how local, state, and federal agencies or departments can collaborate to help individuals with disabilities access permanent supportive housing. By appropriately using local, state, and federal funds these services will help people live successfully within their communities. Please follow the link for more information.
http://www.dhhs.state.nc.us/MHDDSAS/stateplans/plans accomplishments/housing spotlight2010.pdf
http://www.dhhs.state.nc.us/MHDDSAS/stateplans/plans accomplishments/housing spotlight2010.pdf
Wednesday, September 1, 2010
From the 8/16 and 9/1 NC Register
August 16, 2010 North Carolina Register
The NC Medical Care Commission published notice (Pages 390-391) to amend 10A NCAC 13B .3302, Minimum Provisions of Patient's Bill of Rights, to ensure that all persons, regardless of sexual orientation or gender identity, have the right to medical and nursing treatment. The rule currently includes the right to medical and nursing services without discrimination based upon race, color, religion, sex, sex preference, national origin or source of payment. Disability status is not included. Comments are due October 15, 2010. There will also be a public hearing October 8.
The Rules Review Commission considered the proposed rules from the Commission for Mental Health on the NCI QA committee at its July 15 meeting (Pages 506-507). The Commission objected to the proposed rules based on lack of statutory authority and ambiguity. In particular, the Commission based its objections on the following:
10A NCAC 27E .0301 - The Commission objected to this rule based on lack of statutory authority and ambiguity. In (b), there is no authority cited for this agency to create another agency and grant it the authority to adopt rules (establish policy). It is also not clear who, if anyone, is required to have NCI training.
10A NCAC 27E .0302 - The Commission objected to this rule based on lack of statutory authority and ambiguity. In (5), there is no authority cited for the agency to create a committee and give it exclusive authority to certify training. Even if there is authority it is not clear what standards the committee will use in certifying trainers. There is also no authority cited for the agency to create an agency and give that agency the authority to adopt rules (establish guidelines and policies). In (6), it is not clear what the qualifications are for NCI (North Carolina Interventions). The only things listed are parts of a curriculum and it is not clear how that is a qualification. There is no authority cited for the agency to grant others exclusive authority to certify instructors. In (9), it is not clear what standards the Curriculum Review Commission is to use in approving techniques. It is also not clear what populations are referred to.
10A NCAC 27E .0303 - The Commission objected to this rule based on lack of statutory authority and ambiguity. In (1), there is no authority cited for the agency to create an agency and give it authority to adopt rules (establish policies and procedures). There is the same issue in (3) with "develop guidelines." In (4), it is not clear what is meant by "direct the certification." In (5), it is not clear what is meant by "maintain inter rater reliability." In (7), it is not clear what records are to be maintained. In (9), there is no authority for the committee to adopt rules(enact guidelines).
10A NCAC 27E .0304 - The Commission objected to this rule based on ambiguity. Since apparently this is a new program providing for the certification of Instructor Trainers, it is not clear how the committee that certifies them can be made up of people already certified. In (12), it is not clear what is meant by "licensed clinicians."
The proposed rules will again be on the Rules Commission agenda on September 16, 2010. See the September 1, 2010 North Carolina Register (Page 665).
The NC Medical Care Commission published notice (Pages 390-391) to amend 10A NCAC 13B .3302, Minimum Provisions of Patient's Bill of Rights, to ensure that all persons, regardless of sexual orientation or gender identity, have the right to medical and nursing treatment. The rule currently includes the right to medical and nursing services without discrimination based upon race, color, religion, sex, sex preference, national origin or source of payment. Disability status is not included. Comments are due October 15, 2010. There will also be a public hearing October 8.
The Rules Review Commission considered the proposed rules from the Commission for Mental Health on the NCI QA committee at its July 15 meeting (Pages 506-507). The Commission objected to the proposed rules based on lack of statutory authority and ambiguity. In particular, the Commission based its objections on the following:
10A NCAC 27E .0301 - The Commission objected to this rule based on lack of statutory authority and ambiguity. In (b), there is no authority cited for this agency to create another agency and grant it the authority to adopt rules (establish policy). It is also not clear who, if anyone, is required to have NCI training.
10A NCAC 27E .0302 - The Commission objected to this rule based on lack of statutory authority and ambiguity. In (5), there is no authority cited for the agency to create a committee and give it exclusive authority to certify training. Even if there is authority it is not clear what standards the committee will use in certifying trainers. There is also no authority cited for the agency to create an agency and give that agency the authority to adopt rules (establish guidelines and policies). In (6), it is not clear what the qualifications are for NCI (North Carolina Interventions). The only things listed are parts of a curriculum and it is not clear how that is a qualification. There is no authority cited for the agency to grant others exclusive authority to certify instructors. In (9), it is not clear what standards the Curriculum Review Commission is to use in approving techniques. It is also not clear what populations are referred to.
10A NCAC 27E .0303 - The Commission objected to this rule based on lack of statutory authority and ambiguity. In (1), there is no authority cited for the agency to create an agency and give it authority to adopt rules (establish policies and procedures). There is the same issue in (3) with "develop guidelines." In (4), it is not clear what is meant by "direct the certification." In (5), it is not clear what is meant by "maintain inter rater reliability." In (7), it is not clear what records are to be maintained. In (9), there is no authority for the committee to adopt rules(enact guidelines).
10A NCAC 27E .0304 - The Commission objected to this rule based on ambiguity. Since apparently this is a new program providing for the certification of Instructor Trainers, it is not clear how the committee that certifies them can be made up of people already certified. In (12), it is not clear what is meant by "licensed clinicians."
The proposed rules will again be on the Rules Commission agenda on September 16, 2010. See the September 1, 2010 North Carolina Register (Page 665).
September 8 MH/DD/SAS LOC Agenda
Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, & Substance Abuse Services AGENDA
September 8, 2010 10:00 A.M.; Room 643, Legislative Office Building
Representative Verla Insko, Co-Chair, Presiding
Welcome and Opening Comments Senator Martin Nesbitt, Co-Chair
Representative Verla Insko, Co-Chair
Secretary's Remarks Lanier Cansler, Secretary, Department of Health and Human Services
Overview of 2010 Legislative Actions Lisa Hollowell, LOC Staff
Joyce Jones, LOC Staff
Expenditures and Utilization Tracking Update Craigan Gray, MD, Medical Director, Division of Medical Assistance, DHHS
Community Supports Information Michael Watson, Deputy Secretary, DHHS
CABHAs Update Michael Watson, DHHS
Lunch
Status Report on the Changes to Level III and IV Mark O’Donnell, Program Manager Facilities for Children DMHDDSAS, DHHS
Second Mile Project – LME Presentation Roy Wilson, Director, East Carolina
Behavioral Health (ECBH)
Lisa Bonnett, Executive Director of the Recovery Education Unit, ECBH
Wrap Up and Discussions
September 8, 2010 10:00 A.M.; Room 643, Legislative Office Building
Representative Verla Insko, Co-Chair, Presiding
Welcome and Opening Comments Senator Martin Nesbitt, Co-Chair
Representative Verla Insko, Co-Chair
Secretary's Remarks Lanier Cansler, Secretary, Department of Health and Human Services
Overview of 2010 Legislative Actions Lisa Hollowell, LOC Staff
Joyce Jones, LOC Staff
Expenditures and Utilization Tracking Update Craigan Gray, MD, Medical Director, Division of Medical Assistance, DHHS
Community Supports Information Michael Watson, Deputy Secretary, DHHS
CABHAs Update Michael Watson, DHHS
Lunch
Status Report on the Changes to Level III and IV Mark O’Donnell, Program Manager Facilities for Children DMHDDSAS, DHHS
Second Mile Project – LME Presentation Roy Wilson, Director, East Carolina
Behavioral Health (ECBH)
Lisa Bonnett, Executive Director of the Recovery Education Unit, ECBH
Wrap Up and Discussions
Wednesday, August 4, 2010
21st Century Communications and Video Accessibility Act of 2009
The US House and Senate have each passed their own version of this legislation. H.R. 3101 passed the House 348-23 with all NC members voting yes, except Shuler who did not vote and Foxx who voted No. S. 3304 passed the Senate unanimously. S. 3304 now goes to the House of Representatives for their vote.
The Act will:
– Require captioned television programs to be captioned when delivered over the Internet.
– Authorize the FCC to require 7 hours per week of TV video description on the top 4 network channels and top 5 cable channels nationwide.
– Allocate up to $10 million per year for communications equipment used by individuals who are deaf-blind.
– Require televised emergency information to be accessible to individuals who are blind or have low vision.
– Require accessibility of advanced communications equipment and services, such as text messaging and e-mail.
– Require access to Internet services that are built-in to mobile telephone devices, like smart phones, if achievable.
– Require devices of any size to be capable of displaying closed captioning, to deliver available video description, and to make emergency information accessible.
– Require accessible user controls for televisions and set-top boxes, and easy access to closed captioning and video description.
The Act will:
– Require captioned television programs to be captioned when delivered over the Internet.
– Authorize the FCC to require 7 hours per week of TV video description on the top 4 network channels and top 5 cable channels nationwide.
– Allocate up to $10 million per year for communications equipment used by individuals who are deaf-blind.
– Require televised emergency information to be accessible to individuals who are blind or have low vision.
– Require accessibility of advanced communications equipment and services, such as text messaging and e-mail.
– Require access to Internet services that are built-in to mobile telephone devices, like smart phones, if achievable.
– Require devices of any size to be capable of displaying closed captioning, to deliver available video description, and to make emergency information accessible.
– Require accessible user controls for televisions and set-top boxes, and easy access to closed captioning and video description.
Tuesday, August 3, 2010
Regulations!
Lots of Rulemaking going on around the ADA anniversary. Better regulations mean increased accessible design, and stronger enforcement.
The final revised ADA Title II and III Regulations (2010 Standards for Accessible Design) have been posted and will take effect 6 months after being published in the Federal Register. The new regulations revise the previous standards and add standards for recreation areas, swimming pools and other public facilities. The regulations and fact sheet are posted here.
The Federal Communications Commission (FCC) published a notice last week seeking input on the accessibility of mobile phones for people who are blind, deaf-blind or have low vision. Comments are due September 13. If you have input on this issue please contact me as soon as possible.
The US Department of Labor Office of Federal Contract Compliance Programs published an Advanced Notice of Proposed Rulemaking (ANPRM) requesting information on how Federal contractors and subcontractors can conduct more substantive analyses and fully monitor their recruitment and placement efforts on behalf of individuals with disabilities under Section 503 of the Rehabilitation Act. Comments are due September 21.
The Architectural and Transportation Barriers Board published a Notice of Proposed Rulemaking (NPRM) on Proposed Accessibility Guidelines for accessible buses, over-the-road buses and vans. Comments are due November 23.
The Department of Justice published 4 ANPRMs on July 26 (the ADA anniversary). The comments for each are due January 24, 2011:
- Equipment and Furniture (seeks input on accessibility of equipment such as medical diagnostic equipment, beds in accessible hotel rooms, ATMs, Point of Sale devices and kiosks)
- Accessibility of Next Generation 911 (seeks input on text messaging for 911, video communications and emergency alerts)
- Accessibility of Web Info & Services (making clear Title II and III cover websites!)
- Movie Captioning and Video Description(seeking input on scoping in particular)
Thursday, July 29, 2010
2010 Legislative Summary
The summary of legislation and budget provisions of interest to people with disabilities and advocates for people with disabilities has been posted on our website! Just click here to link to the PDF. Please let me know if you would like an alternative format.
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