APD's > Legislative Digest

Volume I Summer Issue II
Ocotober 1, 2007

On Thursday, September 27, 2007, the House Policy and Budget Committee, Chaired by Representative Ray Sansom (R-Ft. Walton Beach) and the Senate Health and Human Services Appropriations Committee, Chaired by Senator Durell Peaden, Jr. (R -Crestview), met to discus how their respective committees will address reductions in general revenue resulting from the state's pending budget deficit.

House committee member Rep. Aaron Bean, who chairs the House Health Care Council said, "None of those groups (under his jurisdiction) that are dependent on the state of Florida will see reductions in services."

Regarding the Agency for Persons with Disabilities budget, Rep. Bean recommend picking up the Agency's request to transfer 75 vacant FTE positions from Developmental Service Institutions (DSIs) to transition waiver support coordination from contracted services to state operations. The DSI positions are vacant as a result of service reductions due to closure efforts. This will allow state employees to perform needs assessments and develop initial support/cost plans for clients. Independent support coordinators would continue to perform their current duties and have more time to dedicate to client services. Rep. Bean said the agency has recommended a 1:50 ratio for caseloads and he is looking at 1:43. Other Council recommendations that were picked up from APD include redirecting funds for 18 additional forensic treatment beds to 50 existing Intermediate Care Facility for the Developmentally Disabled (ICF/DD) beds that are currently not being utilized due to lack of funding. The state will be able to draw federal match to support these beds. The Council also recommended transferring skilled nursing, physical therapy, occupational therapy and speech therapy services to children under the age of 21 from APD waiver services to the Medicaid State Plan. The Agency for Health Care Administration agreed to pick up these services in light of recent litigation (London v. the State of Florida Case # 4:07-cv-329-RH/WCS).

The Senate HHS Appropriations committee began with a staff overview of the Agency's deficit status saying, according to their projections, APD is experiencing an approximate deficit of $100 million and needs to submit a plan as required by state law demonstrating how it intends to stay within budget. Agency Director Jane E. Johnson, clarified for members that the projected deficit for FY 07/08 is closer to $14 million and for FY 08/09 will be $12 million as long as the agency is allowed to transfer about $23 million in surplus funds from the Family and Support Living Services waiver to offset the deficit in the HCBS waiver resulting from service utilization. The Senate plan is to eliminate the surplus to offset the state's general revenue deficit. Senator Don Gaetz asked Ms. Johnson if she needed further legislation to support this. She stated she felt existing law coupled with the agency's budget recommendations should suffice. The Senate picked up the forensic bed transfer, but did not include the waiver support coordinator issue.

The Committee meeting/special session schedule for next week is as follows:

• Senate HHS Committee
  The HHS committee will meet again on Wednesday, October. 3, at 3 PM to take up amendments (if any amendments are filed) and officially vote on the bill.
• Senate Fiscal Policy Committee
  The Full Committee will meet on Thursday to combine all the appropriation bills into one, but they will not take up amendments.
• Senate Floor
  The bill will go to the Senate Floor on Friday, October 5, to take up amendments and vote on the bill.
• Conference
  House and Senate will then go into Conference over the weekend. The first Conference meeting will be on Sunday, October 7.

Agency Develops Emergency Care Plan

The Agency for Persons with Disabilities (APD) issued an emergency Personal Care Assistance (PCA) policy to increase services for those who have the most extreme health needs on Friday, September 30, 2007.

The new procedure allows APD to extend PCA services beyond the legislatively mandated 180 hour limit when a person's health is in jeopardy. The legislature approved the 180 hour limit to PCA services in the spring. The 180 hour limit requirement takes effect on October 1, for those with intensive needs. APD began sending out notices about the limits in May so individuals could adjust their care plans to use community and family supports or other Medicaid waiver services in place of PCA services.

APD Director Jane Johnson said, "Our agency is committed to protecting the health and safety of the people we serve. The law allows for additional hours when a customer's circumstances change creating a need for more than 180 hours of PCA. The agency felt it important to assure the opportunity for additional hours was available. APD's policy allows people a month to get the services they need in place."

The policy outlines the emergency process for the agency to pay for eligible people to receive up to 300 hours of PCA for 30 days while they work to have their care plans adjusted. While APD can only pay for up to 300 hours a month of PCA through the Medicaid Waiver, individuals and families have the option of purchasing additional hours with other resources.

• Tuesday, October 2, 2007
  3:30 p.m.-5:30 p.m.
  Senate Children, Families, and Elder Affairs APD Presentation on Tiered Waivers (SB1124)

October is an exciting and eventful month for the disability community in Florida. Not only is October national "Disability Employment Awareness Month", but the 2007 Florida Legislature also designated October 1 - 15 as "Disability Awareness and History Weeks." Additionally, every year, the third week in October officially commemorates Disability Mentoring Day.

These three events provide wonderful opportunities to recognize the contributions that individuals with disabilities have made - and continue to make - in business, education and society in general.

For many people whose disability makes it difficult to obtain employment, once they are able to secure a position, they are less likely to take their job for granted, and they typically go above and beyond expectations to prove their value. Employment statistics have consistently revealed that people with disabilities have lower rates of absenteeism and demonstrate a higher degree of loyalty and commitment to their jobs.

If you are a Florida employer, do yourself and your organization a favor and hire a person with a disability. You will likely learn more about life and yourself from that person than you could ever teach him or her. To those businesses and organizations that have already made a commitment to hiring persons with disabilities, I thank you for recognizing the value of one of our state's greatest natural resources.

During the month of October, I challenge you to become more aware of disability in your community and in society: whether you hire a person with a disability, get to know someone with a disability more closely, or simply research a particular disability that you would like to know more about, your life will be enriched by the experience.

The Agency for Persons with Disabilities, Vocational Rehabilitation, and the Able Trust are recognizing employers during the month of October for truly making a difference in the lives of those with disabilities. Giving back to the community helps all of us feel more valued. Ultimately, an integrated workforce is a win-win for businesses, our state, and all of its citizens.

The SunCoast Region's Legislative Tour was conducted on August 21, 2007. Tour participants received a personal view of APD and the services provided to our consumers and their families through Sunrise Community and PARC located in St. Petersburg, Florida. Jane E. Johnson, APD Director and guests: Senator Ronda Storms, legislative assistants Beth Sutkowy, aide to Senator Storms; Eric Johnson and Jennifer Wilson, aides to Senator Crist; Bethany Linderman and Courtney Vandenberg, aides to Senator Justice; Rachel Burgin, aide to Representative Traviesa; and Amber Smith, aide to Representative Ambler participated in the tour.

The SunCoast Region would like to say a very special "Thank You" to our tour participants, Sunrise and PARC. We appreciate your time and commitment to our consumers and the agency.

For some time, Representative Marti Coley has expressed interest in APD's Developmental Services Institutions. Representative Coley has been a supporter of the staff working in these facilities and has expressed a desire to understand what these programs do and the issues they face.

On September 26, 2007, David English, Superintendent of the MRDP program, hosted a tour of the facility for Representative Marti Coley and her assistant, Rhonda Thomas.

Superintendent English and his staff provided an educational information session discussing how residents enter and participate in the program, and are later released.

The safety of staff and residents was of particular interest to Representative Coley. Superintendent English and his staff discussed the training and program components designed to enhance safety within the facility. It is also anticipated that implementation of a new unit designed for those residents exhibiting severe behavioral problems will take place in January 2008. The new unit will have a positive impact on safety and resident behavior.

Representative Coley and Ms. Thomas were then given a tour of the physical facility, providing the opportunity to observe residents in their living environment. She was also able to speak with residents and staff.

Program staff were appreciative that Representative Coley took time out of her busy schedule to visit the program and speak with them.

On September 13, 2007, the Agency for Persons with Disabilities Area 10 Office sponsored a tour for local legislators and their aides. Area Administrator Jerry Martin and Area staff were joined by Jane Johnson, Agency Director, and Central Office staff Jim DeBeaugrine, Lucy Mohs, Mike Dunn and Jennifer Silva in welcoming tour participants. The tour was attended by Sandy Matthews, Aide to Representative Aaron Bean, Becky Stagg, Aide to Senator Jim King, Steven Richardson, Aide to Senator Stephen Wise, and Hank Rogers, Aide to Representative Audrey Gibson. P.K. Jameson, Senate Children, Families & Elder Affairs Staff Director, also joined the tour. The purpose of the tour was to give everyone a sample of the services the Agency provides in Area 4.

Everyone met at Hope Haven in Jacksonville. Jerry Martin and Jane Johnson extended a warm welcome. Laurie Price, Executive Director of Hope Haven shared information about the work and focus of Hope Haven's Children's Clinic and Family Center. Hope Haven serves a wide range of individuals, including those with developmental needs, such as those related to Autism, Down Syndrome, Mental Health issues, and learning disabilities.

The second stop on the tour was Mount Carmel Gardens which offers affordable housing for people with disabilities and senior citizens. Linda Rubens, the manager of the 17 story 207 unit apartment building, graciously welcomed the tour participants. Everyone enjoyed meeting several people receiving supported living services and were invited into their homes. The third stop on the tour was the St. Nicholas group home operated by the Arc/Jacksonville. Jim Whittaker, Executive Director, his staff and people who live in the home, hosted a reception for the visitors. Participants were encouraged to tour the home which provides residential supports to six people with physical challenges and developmental disabilities. At the end of the visit, the group returned to Hope Haven.

Everyone enjoyed the face-to-face meetings with people receiving supports and services from our Agency and the opportunity to hear so many success stories.

• www.leg.state.fl.us
  Quick reference for bills, laws, legislators, ect.
• www.leginfo.ca.gov/bil2lawd.html
  How a bill becomes a law!

• Lucy Mohs
• Mike Dunn
• Jennifer Silva