Legislation

With the passage of Chapter 570, H.P. 1351-L.D. 1910: “An Act to Create Employment Opportunities for People with Disabilities” by the Maine State Legislature in 2006, the Maine Department of Health and Human Services and Department of Labor presented a report that identified resources, successes, and challenges in building supports that aid to increase employment for individuals with developmental disabilities.

This report describes examples of more narrowly focused state legislation that is setting the policy and infrastructure for consumer direction, expanding the direct care workforce, and supporting persons who return to the community after living in institutions. The Appendix includes the specific legislative language of selected bills covered in the report.

Granite State Independent Living (GSIL), working collaboratively with the Department of Health and Human Services (DHHS), solicited proposals from organizations interested in becoming consumer-directed personal care services providers (PSCP). Although this RFP is a few years old, it serves as an example of how to seek out providers. Moreover CHAPTER He-P 600 sets forth the procedures and requirements for operating as an other qualified agency.

The New Mexico legislature has passed the \"Money Follows the Person Act\" (MFP) allowing people with disabilities of all ages to choose community living. The passage of MFP dove-tails with federal legislation signed into law by President Bush in the Omnibus Budget bill. The New Mexico legislation will allow a person in a nursing facility to choose community living, and have the money that has supported the person in the facility to follow the person to the community.

This report provides a comparison of Medicare, Medicaid and State Child Health Insurance Program provisions contained in the Deficit Reduction Act of 2005 (S. 1932) as amended and passed by the Senate. The report compares the bill's provisions with current law. This report will be updated. The sections that most pertain to providers of HCBS services are the Cash & Counseling section, the HCBS State Plan Option and the Money Follows the Person Demonstration.

With the recent enactment of the Deficit Reduction Act, states who are interested in increasing their home and community based programs have three new opportunities. The DRA has many components but the three provisions that increase flexibility over benefits and cost sharing include the Home and Community-Based Services (HCBS) option (section 6086-page 118), a Money Follows the Person (MFP) demonstration project (section 6071-page 99)and a Cash and Counseling option (section 6087-page 124).

Four new guidance documents were released interpreting the DOT Americans with Disabilities Act Regulations. The documents carry out the ADA intent and its regulation to protect the civil rights of people with disabilities. The documents are titled: Origin to Destination Service; Full-Length, Level-Boarding Platforms in New Commuter and Intercity Rail Stations; Paratransit Requirements for §5311-Funded Fixed-Route Service Operated by Private Entities; Use of \"Segways\" on Transportation Vehicles.

A new report finds that the Senate Appropriations Committee’s HUD funding bill would do a better job than the comparable House bill of repairing recent damage to the housing voucher program. The report shows how each of the bills would affect state and local housing agencies across the nation. There are differences between the two bills, however both would change the way voucher funds are divided among housing agencies and both would increase voucher funding for 2006.

A bill to amend title XIX of the Social Security Act to require States to disregard benefits paid under LTC insurance for purposes of determining Medicaid eligibility, to expand partnerships between States and insurers, to amend the IRS Code of 1986 to allow individuals a deduction for qualified LTC insurance premiums, the use of such insurance under cafeteria plans and flexible spending arrangements, and a credit to establish HCBS services as an optional Medicaid benefit.

The following summary and white paper outline the accomplishments of Oregon's FY 2001 Real Choice Systems Change Grant. Their white paper held nine recommendations for the transformation of mental health services here in Oregon. The RCSC Consumer/Survivor Task force and other consumers/survivors have also asked that legislation be drafted that directs the Department of Human Services to develop a policy that promotes self-determination. SB 771 and HB3108 are the results of our efforts.