Weekly Update - July 11, 2011

Editorial:  Shame on Massachusetts

FY12 Budget: MassHealth

from the Mass Budget & Policy Center

MassHealth (Medicaid) & Health Reform

Funding for MassHealth (Medicaid) is $10.54 billion, somewhat higher than what the House proposed and somewhat lower than the Senate appropriation. More notably, while this spending level represents a 96.4 million increase over FY 2011 current spending, it is close to $800 million less than what it would cost to maintain the MassHealth program in its current form, given expected enrollment and utilization growth, and reflects the administration and legislature's belief that significant cost-savings can be achieved through better care management and other initiatives.

Likewise, while the Senate had proposed a transfer of $871.5 million into the Commonwealth Care Trust Fund ($751.5 million from the General Fund and $120.0 million from the cigarette excise tax) and the House proposed a total of $847.0, the Conference budget includes a transfer of $848.0 ($728.0 million from the General Fund plus $120.0 million from the cigarette tax), just $1.0 million above the House proposal. The lower House amount was related to the fact that the House included only a half year of funding for the Commonwealth Care Bridge program that provides health coverage for immigrants who are not eligible for Commonwealth Care, while the Senate provided a full year of funding. However, the Conference budget also includes an outside section that authorizes an increase in FY 2011 funding for the for the Trust fund and allows the additional dollars to be spent in FY 2012; this appears to bring total available funding for closer to the Senate proposed level, and thus to fund the Bridge program for a full year. The rest of the difference is accounted for by the fact that the Conference budget allocates just $3.5 million for Connector payments to small businesses that offer wellness incentive programs for their employees, $1.0 million more than the House proposed, but $6.5 million less than the Senate.

Advocates Corner: DDS Level III  

          Changes Proposed 

In accordance with M.G.L. c. 30A, the Department of Developmental Services ("DDS")

proposes to amend its regulations under the authority of M.G.L. c. 19B, §§ 1 and 14. The regulations are proposed for amendment to establish the highest practicable professional standards for use of behavior modification procedures for persons with intellectual disability in public or private facilities for the care and treatment of such persons. The proposed amendments will prohibit the use of aversive (Level III) behavioral interventions on a prospective basis. Proposed amendments will allow continued use of Level III interventions for individuals who, as of September 1, 2011, have an existing court-approved behavior plan

that includes Level III interventions, and will allow their renewal each year so long as Level III interventions remain a part of their court-approved behavior plan.

The proposed amendments will also make technical corrections and other appropriate edits to the existing regulations where required.

PUBLIC HEARINGS HAVE BEEN SCHEDULED:

Wednesday, July 20, 2011, from 10:00 a.m. to 2:00 p.m. at: Worcester Public Main Library

The Saxe Room

3 Salem Square

Worcester, MA 01608

Friday, July 22, 2011, from 10:00 a.m. to 4:00 p.m. at: John W. McCormack Bldg

21st Floor Conference Room

One Ashburton Place

Boston, MA 02108

Written comments may be submitted by mail to the Office of the General Counsel,

Department of Developmental Services, 500 Harrison Avenue, Boston, MA 02118, or by

facsimile (617) 624-7573 until 5:00 p.m., August 1, 2011.  

Please contact the Department at

least 10 days in-advance of the hearing date if you anticipate attending and wish to request a

sign language or other interpreter attend.

Copies of the proposed regulation amendments are available upon request by telephone at

(617) 624-7702, or by written request made to the Office of the General Counsel.

he Department may adopt a revised version of the proposed regulations taking into account relevant comments and any other practical alternatives that come to the Department's attention.

By Order of the Department of Developmental Services

ELIN M. HOWE, COMMISSIONER June 23, 2011

Advocates Corner: HB77

Rep. Tom Sannicandro (D-Ashland) sponsored legislation in the current session that would outright ban the use of aversive therapies in Massachusetts.  This legislation says  

No program funded, operated, licensed, or approved by any agency or subdivision of the Commonwealth shall administer to any person with a physical or mental disability any procedure which causes obvious signs of physical pain, including, but not limited to, hitting, pinching, and electric shock for the purposes of changing the behavior of the person. No such program may employ any form of physical contact or punishment that is otherwise prohibited by law, or would be prohibited if used on a non-disabled person. No such program may employ any procedure which denies a person with a physical or mental disability adequate sleep, food, shelter, bedding or bathroom facilities.

The Joint Committee on Children, Families and Persons with Disabilities has scheduled a public hearing on July 26, 2011, 10:30 AM in Room B1. Please join us to testify or simply show support!

Justice Department Signs Agreement with Van Buren County, Arkansas, to Ensure Civic Access for People with Disabilities

WASHINGTON - The Justice Department today announced an agreement with Van Buren County, Ark., to improve access to all aspects of civic life for persons with disabilities. The agreement was reached under Project Civic Access (PCA), the department's wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA).

"Individuals with disabilities must have access to public facilities, programs, services and activities in order to participate equally in civic life," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.  "I commend Van Buren County officials for making this commitment to its residents with disabilities by agreeing to come into voluntary compliance with the ADA."

PCA was initiated to ensure that persons with disabilities have an equal opportunity to participate in civic life, a fundamental part of American society.  As part of the PCA initiative, Justice Department investigators, attorneys and architects survey state and local government facilities, services and programs in communities across the country to identify the modifications needed for compliance with ADA requirements. The agreements are tailored to address the steps each community must take to improve access.  This agreement is the 190th under the PCA initiative.  According to census data, more than 28 percent of Van Buren County residents have a disability and will benefit from this agreement.  

Under the agreement announced today, Van Buren County, Ark., will take several important steps to improve access for individuals with disabilities, such as:  

• Making physical modifications to facilities surveyed by the department so that parking, routes into buildings, entrances, service areas and counters, restrooms, public telephones and drinking fountains are accessible to people with disabilities;
• Surveying other facilities and programs and making modifications wherever necessary to achieve full compliance with ADA requirements;
• Posting, publishing and distributing a notice to inform members of the public of the provisions of Title II of the ADA and their applicability to the county's programs, services and activities;
• Training county staff in using the Arkansas Relay Service as a key means of communicating with individuals who are deaf, are hard-of-hearing or have speech disabilities;
• Undertaking the required planning and modifications to ensure equal, integrated access to emergency management for individuals with disabilities, including emergency preparedness, notification, evacuation, sheltering, response, clean up and recovery;
• Ensuring that the county's official website and other web-based services are accessible to people with disabilities;
• Developing a method for providing information for interested persons with disabilities concerning the existence and location of the county's accessible services, activities and programs;
• Installing signs at any inaccessible entrance to a facility directing individuals with disabilities to an accessible entrance or to information about accessing programs and services at other accessible facilities; and
• Implementing a comprehensive plan to improve the accessibility of sidewalks, transportation stops and pedestrian crossings by installing accessible curb ramps throughout Van Buren County.

Today's agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments. The agreement will remain in effect for three years from June 28, 2011, or until all actions required by the agreement have been completed, whichever is later.  The department will actively monitor compliance with the agreement until all required actions have been completed.

On the Calendar: Level III Hearings  

Wednesday, July 20, 2011, from 10:00 a.m. to 2:00 p.m. at: Worcester Public Main Library

The Saxe Room

3 Salem Square

Worcester, MA 01608

Friday, July 22, 2011, from 10:00 a.m. to 4:00 p.m. at: John W. McCormack Bldg

21st Floor Conference Room

One Ashburton Place

Boston, MA 02108

On the Calendar: Ban Shock Treatment - HB77 

Thursday, July 28, 2011

Joint Committee on Children Families and  

Persons with Disabilities

10:30 AM Room B1 

Advocates Corner: Get a Job?  

Have you tried to get a job with a vendor of the Commonwealth...an agency who contracts with the state to provide services to elders, children, or maybe people with disabilities.  Or, maybe you applied for a job

with the a company with a contract with The Ride?  Or WB Mason?

If  you have and feel you were discriminated against because of a disability, the DPC wants you to testify on July 19 at the State House. 

Rep Jim O'Day (D-Worcester) sponsored HB982 on behalf of the DPC in an effort to increase employment opportunities for people with disabilities.  Titled An Act to increase the Commonwealth's compliance with federal law meeting requirements of the Americans with Disabilities Act, the legislation would require the Executive Office of Adminstration and Finance to  develop standards to identify and recruit with the intent to hire qualified applicants with disabilities; said standards shall apply to all vendors providing direct services under multi-year contracts or grants funded by agencies within the Executive Offices of the Commonwealth.

This legislation would cover every vendor from paper supplies to human service agencies to consulting companies with multi-year contracts.  

Please contact Bill Allan if you want assistance testifying.  wfallan@dpcma.org 

Calendar: Vendor Employment