The Arc Maryland's Weekly Legislative Update
For the Week of January 20 - 26, 2020
Every Monday in the Insider, check out updates on key legislation affecting the lives of people with intellectual and developmental disabilities, their families, and professional supports, learn about upcoming advocacy events and receive notices about Federal and other initiatives of The Arc of the United States!
The Governor's Proposed Budget
Developmental Disabilities Administration- FY21 Summary- Governor's Allowance for Community Services
The Governor released his draft 2021 state operating and capital budgets on January 15, 2021.  The budget includes funding for a 4% increase for the Developmental Disabilities Administration Community Services, but the Budget Reconciliation Financing Act, removes 2% of that funding, leaving us with only a projected 2% increase in funding.  With only a 2% increase, providers will not have enough funding to provide a starting wage that is above the state minimum wage.  For more information, see the MACS fact sheet below (MACS Legislative Breakfast Section below)
The DDA budget breakdown, with narrative provided by DDA, is as follows:

Community Services Proposed Budget FY21
1,347,856,751
Summary: The DDA budget increased by 48.5 million in total funds (combination of state and federal funds) over the current year, which includes funding for a 2% rate increase for service providers and for expansion.

Highlights:                                     
$7,631,440 for Transitioning Youth- Projected to support 593 young adults exiting high school.

$789,747 for Emergency Placements- Projected to support 25 people in Residential, Day, Supported Employment, Personal Support Services, and Individual Support Services (average 6 months actual).

$4,773,242 for Waiting List (Crisis Resolution)- Projected to support 275 people in Residential, Day, Supported Employment, Self-Directed Services, Personal and Individual Support Services (average 6 months actual).

$734,270 for Waiting List Equity Fund- Projected to support 27 people with the oldest caregivers.

$993,109 for DSS Age Outs- Projected to support 28 people aging out of DSS

There are is also funding in the draft budget for continued service funding in the following areas.  These are not necessarily increases, but maintenance of commitments made in previous years:

$4,543,672 for LISS Services.

$10,000,000 for Community Support Waiver to provide continued funding for non-residential services in the community - cap of 400 people.

$4,800,000 for Family Support Waiver to provide continued funding for family and children’s services (under the age of 21)- cap of 400 people.

Disclaimer:  We have requested clarification on these numbers but this was what was provided on 1/16/20 from DDA.
The Annapolis Insider Bill Tracker
Top Bills of the Week
SB0078 : Public Schools – Student Discipline Regulations – Remedial Measures

Status: Hearing January 22nd at 1:00 PM, Senate EHEA, Room 2 West, Miller

Position: Oppose.   We are working with the Coalition to Reform School Discipline on a response.

The Arc Maryland has concerns that this bill, as written, runs counter to restorative practice approaches in that it seeks to add requirements of children to apologize, provide restitution, and possibly endure a modified schedule. Some children with specific disabilities may have difficulty with self regulation and understanding the effects of their behavior on other students. The requirement of apology absent that understanding is inappropriate and requirements for restitution and a change in a student's schedule may not be possible for families, and further exacerbate an already stressful situation for students with disabilities.
SB0103 : Health Occupations – Diagnostic Evaluation and Treatment of Patients - Disciplinary Actions (The Patient’s Access to Integrative Healthcare Act of 2020)

Status: Hearing January 21st at 1:30 PM, Senate EHEA Room 2 West, Miller

Position: Submitting letter of information.

The bill appears to be well intended to expand treatment options for people with disabilities. However, the way in which this bill is written, it may be interpreted to allow parents to provide written consent for treatment for patients (even adult children) who are “unable to consent.” The language is too broad in that parents seem to be given similar powers as guardians. While we would appreciate Supported Decision Making as another tool in Maryland, we want to be careful that the rights of adults with disabilities are maintained. Another concern is that the language in the bill around treatment is too broad and may encompass controversial, untested, and possibly harmful and painful "treatments."  We will provide a letter of information outlining our concerns.
HB0033 / SB0153 : Criminal Law – Abuse or Neglect of a Vulnerable Adult – Causing Severe Emotional Distress

Status (HB0033): Hearing January 21st at 1:00 PM, House JUD, Room 101
Status (SB0153): Hearing January 22nd at 3:00 PM, Senate JPR, Room 2 East, Miller

Position: Support with Amendments
The bill adds severe emotional distress to the list of abuses which constitute a felony crime and of which a person can be fined and serve time.  While the bill language as amended is improved, it still does not completely address the effects of cumulative trauma in the causation of “Emotional Distress” and proximal cause, possibly making severe emotional distress victimization difficult to prove.  That said, The Arc Maryland supports the intention of this bill which is to add a possibly remedy to the law in cases where there is a preponderance of evidence that a person has maliciously caused a person emotional harm. 


Recap of Bills of the Previous Week
SB0044: Public Facilities- Changing Facilities

Status: Hearing 1/16/20 at 3:00 PM, Senate JPR, Room 2 West, Miller

Position: Support with sponsor amendments

This bill would create a requirement for newly constructed or extensively remodeled public buildings and facilities to provide changing stations suitable to hold the weight of an adult. Several self-advocates, siblings and parents of people with disabilities who need access to adult changing stations in the community came out to testify. The next hearing on this matter is scheduled to happen in the House on January 29 at 2 p.m. in the HGO Committee.
Hearing Schedule
January 21st
House:

JUD, 1: 00 PM, Room 101
HB0033 : Criminal Law – Abuse or Neglect of a Vulnerable Adult – Causing Severe Emotional Distress

Senate:

EHEA, 1:30 PM, Room 2 West, Miller
SB0083 : State Government – Delivery of Notices and Communications by Electronic Means – The Arc Maryland is gathering more information- see bill tracker for details and concerns.  The Arc Maryland will be providing a letter of information.

SB0103 : Health Occupations - Diagnostic Evaluation and Treatment of Patients - Disciplinary Actions (The Patient's Access to Integrative Healthcare Act of 2020). The Arc Maryland is requesting background information prior to determining position.
January 22nd
Senate:

EHEA, 1:00 PM, Room 2 West, Miller
SB0065 : Counties - Construction of Sidewalks and Crosswalks - Safe Alternative Routes to Public Schools.
The Arc Maryland is requesting the addition of "accessible" to sidewalk requirement.

SB0078 : Public Schools – Student Discipline Regulations – Remedial Measures
Oppose.

JPR, 3:00 PM, Room 2 East, Miller
SB0153 : Criminal Law - Abuse or Neglect of a Vulnerable Adult - Causing Severe Emotional Distress
Support.
January 28th
Senate:

EHEA, 2:00 PM, Room 2 West, Miller
SB0056 : Election Law - Petitions and Ballot Questions - Plain Language Requirement.  The bill requires election material to be written at a 6th grade level.  This is a better standard that what is required through the Plain Writing Act of 2010 but may still not be at the level of understanding for voters with intellectual disabilities.  The Arc Maryland is investigating further for possible friendly amendment suggestions.
January 29th
House:

W&M, 1:00 PM, Room 131
HB0140 : Election Law - Petitions and Ballot Questions - Plain Language Requirement
The bill requires election material to be written at a 6th grade level. This is a better standard that what is required through the Plain Writing Act of 2010 but may still not be at the level of understanding for voters with intellectual disabilities. The Arc Maryland is investigating further for possible friendly amendment suggestions.

HGO, 2:00 PM, Room 241
HB0010: Public Buildings - Changing Facilities for Adult Diapers

January 30th
House:

W&M, 1:00 PM, Room 131
HB0184 : Special Education – Judicial Actions – Attorney’s Fees and Related Costs.
Support.

Please note: the following abbreviations identify the legislative committees in the Assembly:

House of Delegates:
  • APP - Appropriations Committee
  • EMC - Economic Matters Committee
  • E&T - Environment and Transportation Committee
  • HGO - Health and Government Operations Committee
  • JUD - Judicial Committee
  • W&M - Ways and Means Committee

Senate:
  • B&T - Budget and Taxation Committee
  • EHEA - Education, Health, and Environmental Affairs Committee
  • FIN - Finance Committee
  • JPR - Judicial Proceedings Committee
Save the Date: DDA Budget Hearings
At this time, DDA Budget hearings are scheduled with the OLA-MDH/DDA Audits on the following schedule:

February 26 , 1:00 PM, House Room 150, Health and Social Services Subcommittee

February 27 , 1:00 PM, Senate Amos Room (4th Floor), Health and Human Services Subcommittee

Checking In with The Arc Maryland
Governmental Affairs Committee Meets with DDA Representative to Discuss Proposed FY21 Budget
The Arc Maryland Governmental Affairs Committee, Board of Directors, Chapter Execs, and DD Coalition Partners recently met with DDA Director of Fiscal and Operations, Valerie Roddy to review the DDA’s breakdown of the Governor’s Draft FY21 budget.  

Participants voiced concern with the viability of the system transformation if funding is not available to support current and planned initiatives. 

Valerie listened intently and committed to share the provider, family, advocacy organization, and self-advocate concerns with other members of her team. 
MACS Legislative Breakfast
The Maryland Association of Community Services held their annual Legislative Breakfast and Briefing on January 16. The provider community is highly concerned about the lack of necessary funding in the Governor’s proposed budget.  

A 4% funding increase was mandated for DDA Community Services through the Minimum Wage Act of 2019 (Fight for $15). Providers are state-funded and do not have any ability to raise the rates of their services to align with increases in costs. As the minimum wage increases in the state, they are dependent on increases in state funding to cover the payment of the increased wages and associated costs. Without the mandated funding increase of at least 4%, providers will not be able to pay their employees even minimum wage. It is devastating to see that our Governor cut our funding for the 4 th time in the 5 years he has had a mandate to provide it.

Compounding this crisis of funding is the added impact of DDA’s plan for transformation to new services and LTSS (new billing system for DDA Services). Providers will not only have to purchase new soft and hardware to meet new standards for capturing data for hourly billing, but the unbundling of traditional services, increases in the cost of living, and the addition of new services and associated costs/mandated administrative processes contributed to the recent rate study results that the system currently needs an infusion of at least 7% more funding. 

Needless to say, everyone is going to be needed this session as we fight to save our services for people with intellectual and developmental disabilities. Please stay tuned as we gather more information, and look out for announcements of advocacy events coming up.  See MACS's flyer on the funding cut below.
Upcoming Events and News
State of Maryland - Fiscal Briefing
January 20th at 1 PM
There will be a fiscal briefing at 1 p.m. on Monday, January 20, 2020 in the Department of Legislative Services Building- Joint Hearing Room. Immediately following the briefing will be an Overview of the recommendations from the Kirwan Commission (Innovations and Excellence in Education Commmission). To watching the briefing online, click this link on Monday at 1 p.m. and then select the icon that looks like a motion picture camera.
Developmental Disabilities Day at the Legislature
February 12th at 8 AM in Annapolis
One of the biggest days of the year for disability advocates across Maryland is coming up on February 12th: Developmental Disabilities Day at the Legislature! Registration is over half-way full, so be sure to purchase your tickets to guarentee your spot today!
 
Join hundreds of fellow advocates, families, policy makers, and colleagues at the Graduate Annapolis Hotel to make your voice heard. Learn about 2020 priorities and meet with your representatives to create a better tomorrow with and for people with intellectual and developmental disabilities (I/DD), their families, and other supporters in Maryland!

You can read more about "DD Day" and register by clicking the button here. This event is $25 to attend with breakfast and advocacy materials provided. If you are interested, please do not delay your registration. We are already more than half-full for the day and registration has only been open for 2 weeks. This event WILL sell out. Thanks and we hope to see you soon!
Asian American Needs Survey on Developmental Disabilities
The University of Maryland, Baltimore, School of Social Work is conducting a survey to better understand the needs of Asian American parents of children with developmental disabilities in Maryland as they navigate community and clinical services. The study is led by Dr. Sarah Dababnah and Dr. Irang Kim, who both have years of experience working with culturally diverse families of individuals with special needs in clinical and community settings.
The project targets any parent who identifies as Asian or Asian American and has a child under age 18 with a developmental disability. They need help from parents to complete a series of questionnaires, which will be available in English, Mandarin, Korean, Japanese, and Vietnamese. Researchers expect the survey will take 45-60 minutes to complete. Parents can complete the questionnaires online or on paper.

For more information, please contact Irang Kim at irang.kim@ssw.umaryland.edu or at 410-706-7927.