The Arc Maryland's Weekly Legislative Update
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For the Week of March 2 - 8, 2020
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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 Maryland and The Arc of the United States!
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The Annapolis Insider Bill Tracker
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SB0796
/
HB0984
:
Developmental Disabilities Administration(DDA)-Program Changes and Required Reports
Tomorrow (Tuesday), please Contact your Legislators in the House Government Operations Committee and the Senate Finance Committee!
Let legislators know that the bill is being heard in their committee this week and that their support is important to you. The bill is being heard in the House on
Wednesday
and in the Senate on
Friday
.
Share the
fact sheet
with them if they would like more information.
Committee member contact information, including phone numbers and email addresses, can be found by clicking the links below. (Calls would be best with emails to follow.)
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House Health and Government Operations Committee:
Chair
District 13
Howard County
Vice Chair
District 21
Prince George's and Anne Arundel Counties
District 33
Anne Arundel County
District 24
Prince George's County
District 8
Baltimore County
District 18
Montgomery County
District 25
Prince George's County
District 31B
Anne Arundel County
District 19
Montgomery County
Delegate Cullison is the sponsor of this bill in the House and is aware of the issues. We wish to thank her for all of her support.
District 12
Baltimore and Howard Counties
District 34A
Harford County
District 16
Montgomery County
District 3B
Frederick County
District 31B
Anne Arundel County
District 5
Carroll County
District 46
Baltimore City
District 29A
St. Mary's County
District 35B
Cecil and Harford Counties
District 41
Baltimore City
District 33
Anne Arundel County
District 37A
Dorchester and Wicomico Counties
District 7
Baltimore and Harford Counties
District 3A
Frederick County
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Senate Finance Committee:
Chair
District 10
Baltimore County
Vice Chair
District 15
Montgomery County
District 47
Prince George's County
District 32
Anne Arundel County
District 24
Prince George's County
District 40
Baltimore City
District 36
Kent, Queen Anne's, Cecil, and Caroline Counties
District 7
Baltimore and Harford Counties
District 8
Baltimore County
District 19
Montgomery County
District 33
Anne Arundel County
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Sample Message:
We are providing these sample message points, but please do not cut and paste these points into an email. It is important that everyone create a personalized message that describes our situation and the need for the legislation, and also shares a story about what this means for you and those you support!
1.
The Developmental Disabilities Administration is moving forward with major systems change that will have an impact on all aspects of community supports, including service definitions, funding, person centered planning, billing and payment, and regulations. While many of the proposed changes are positive, the ambitious timeline for the system's transformation has generated concerns.
2.
Stakeholders have identified multiple issues related to the proposed new rate system, new payment system, and new service definitions. Additionally, DDA has engaged in a small pilot to test the new system (LTSS) for all the administrative, planning, and financial functions, and the pilot has raised numerous concerns that must be addressed in order for a smooth system transition to occur.
We believe community services are at risk for thousands of individuals who receive direct services and supports and their families.
3. We need help and support for the bill from the committee members.
HB0984/SB0796 delays implementation of the new service definitions and LTSS and requires a number of reports from DDA to the General Assembly
to ensure that the system, rates, communication, back up plans, and training are all in place in order to facilitate a smooth transition in which neither people with developmental disabilities nor providers are hurt.
Thank you for participating tomorrow in
Take Action Tuesday!
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Ask Congress Today to Allow Reimbursement of
DSP Supports in Hospitals
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Please ask Congress to ensure that people with disabilities have access to trained staff who know them as they navigate what can be a difficult experience during short-term hospital stays.
In December, U.S. Representatives Mary Gay Scanlon (D-PA) and Tom Emmer (R-MN) introduced the Isaiah Baker and Margie Harris-Austin Act (
H.R. 5443
), which would allow states to reimburse Direct Support Professionals’ (DSPs) time spent supporting individuals who are experiencing short-term hospital stays. This is currently not an option in Medicaid Home and Community Based Services (HCBS) 1915 (c) waivers, which fund the bulk of HCBS disability supports.
In early January, Senators Rob Portman (R-OH) and Kirsten Gillibrand (D-NY) introduced
S. 3220
, the Senate companion to the House bill. While these bills do not offer federal funding, they
open the door for states to offer funding
where that option did not exist before. DSPs are crucial advocates for the individuals they support, because they know their unique needs, ways of communicating, and the things in which the individuals take comfort – all necessary for someone experiencing hospitalization.
Click the Button below to get started on an email to your representatives through the ANCOR website. Every voice counts to making hospital stays for individuals across the country more comfortable with DSPs by their side!
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Celebrate World Down Syndrome Day in Annapolis
March 20th
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Join us for our annual celebration of World Down Syndrome Day at the
State House
on Friday, March 20th at 10:15 AM!
Marylanders with Down syndrome and their families will be accepting proclamations from the Maryland General Assembly and Governor's Office
declaring Saturday, March 21st, 2020 Down Syndrome Day in Maryland. Lunch will follow in the Senate building. Be sure to wear your most creative and colorful socks so we can all
Rock our Socks
in solidarity! Find out more and RSVP below.
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US Senate Passes Bill Expanding Access to Respite Care
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Last week, the United States Senate unanimously passed the Lifespan Respite Care Reauthorization Act of 2019 (
S. 995
), which will expand funding for the Lifespan Respite Care Program from $2.5 million annually to $10 million annually over the next five years. The bill's funding boost would provide much needed support to families of individuals with I/DD across the country.
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Top Hearings of the Week In Annapolis
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HB1147
/
SB0401
:
Places of Public Accommodation and Public Buildings - Single-Occupancy Public Restrooms - Availability (The Accessible to All Act)
Status:
HB1147
In House, Hearing 3/3 at 1:00 PM, EMC, Room 231
SB0401 In Senate, Hearing was 2/12 at 1:00 PM, JPR, Room 2 East, Miller
Position:
Support with Sponsor Amendments
This bill r
equires that single use restrooms in public buildings be labeled with gender-inclusive signage. Amendment to both House and Senate bills will require that signage include a universal bathroom and non-gender image such as a toilet, in addition to accessibility features such as braille so that people who cannot read can identify the room is a bathroom. Gender-neutral bathrooms would be an asset in the community for people with opposite sex caregivers who need caregiver support to use the bathroom facilities.
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HB1314
/
SB0757
:
Election Law - Voting Systems - Accessibility for Voters With Disabilities
Status:
HB1314
In House, Hearing 3/3 at 1:00 PM, W&M, Room 131
SB0757 In Senate, Hearing 3/5 at 1:00 PM, EHEA, Room 2 West, Miller
Position:
Support
This bill would require all voters to use a universal ballot marking device that is accessible to voters with disabilities to vote at early voting centers and election day polling places to ensure that access is provided to voters with disabilities in accordance with a certain provision of law while prohibiting certain ballots from being set apart or distinguishable, in size and form. The bill ensures that access is provided to voters with disabilities in accordance with a certain provision of law.
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HB1098
:
Use of Public Funds – Playground and Athletic Field Surfaces – Authorizations, Preferences, and Prohibitions (Safe and Healthy Fields Act)
Status:
In House, Hearing 3/5 at 1:00 PM, APP, Room 121
Position:
Support with Amendment
There are some synthetic field materials that release toxins as they break down and have been found to cause exacerbation of certain conditions such as ADHD. The bill states that a state or locality responsible for the construction of playgrounds or athletic fields (to the extent practicable) shall give consideration and preference to the use of state of the art natural surface materials to construct a playground or athletic field with public funds
. Furthermore, state funds may not be used to finance any part of a project using a synthetic surface.
While natural surfaces are important, there are also some synthetic surfaces that do not pose risks when broken down in the sun and elements that have adequate drainage to create a level and safe playing surface. The bill may create unintended consequences by denying funds to all synthetic surface installation projects. A proposed amendment will address acceptable synthetic materials for playground and field use consideration.
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HB0691
/
SB0576
:
Health Occupations – Nurse Practitioners – Certifications of Competency and Incapacity
Status:
HB0691
In House, Hearing 3/3 at 1:00 PM, HGO, Room 241
SB0576 Passed in Senate (44-0)
Position:
Anticipate a position of Support with Amendment, pending the outcome of a meeting with the House bill sponsor later today
There are inconsistencies in the bill that make it unclear whether or not at least one physician would be required to make a certification of incapacity. We have spoken to the House Sponsor and understand an amendment will be presented to clarify that at least one physician will be required. We are also asking for guidelines for what training and education the nurse practitioner would need to have to be qualified to make this determination as currently LCSWs (already authorized) have special training in disabilities and mental health, but not all nurse practitioners have this training and education if they regularly practice in another area (dermatology for example).
While one
amendment
(passed with the Senate bill) addresses the concern that at least one of the professionals be a physician, the amendment does not address the concern that the Nurse Practitioner have credentials in mental health and disabilities to be considered qualified to make determinations of capacity.
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HB1171 /
SB0959
:
Public Health- Demonstration Program and Developmental Disabilities
Status:
HB1171 In House, Hearing 3/4 at 1:00 PM, HGO, Room 241
SB0959 in Senate, Hearing 3/10 at 1:00 PM, FIN, Room 3 East, Miller
Position:
Support with Amendments
This bill (as amended) would create a statewide advisory council on Self-Directed Services and re-establish definitions that were adjusted in recent waiver amendments for support broker eligibility for those interested in directing their own services and supports, and qualifications of staff and vendors.
Amendments proposed by SDAN are currently not available on the Maryland General Assembly website, but will be available at the time of the hearing.
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Recap of the Previous Week
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DDA Budget and BRFA Hearings)
Many advocates came out to show support for the full funding of the DDA budget on Wednesday, February 26 and Thursday February 27th.
Pictured above (top) are advocates from The Arc Montgomery County in the House, (bottom left) Rick Callahan, Kathleen Durkin (CEO of The Arc Baltimore), Laura Howell (MACS), and Ken Capone (People on the Go) in the the Senate, and (bottom right) Shawn Kros (CEO of The Arc Northern Chesapeake Region), Linda Cades (parent and member of The Arc Maryland), Lauren Kallins (MACS), and Katherine Newman in the BRFA hearing.
Position:
Support with amendment to restore the 2% funding (that was removed through the BRFA bill) back to the budget for DDA. See page 16 of the
BRFA Bill
for language on the proposed funding cut.
Although there are a lot of good things in the Governor's proposed DDA budget for FY21, such as funding for people on the waiting list and youth leaving high school (transitioning youth), our existing community systems of support will not be sufficiently funded if the 2% cut, proposed through the BRFA, is not restored to the budget.
Additionally the DD system needs the
funding increases to be effective on July 1, 2020
. The budget analysts have been suggesting that the committees approve a 4% DDA funding increase, but delay any increase until January 2021. We do not feel our system can withstand under-funding any longer. A delay could be catastrophic to DD Community Services and we need the 4% increase to be provided on July 1, across the board for the full 12 months.
See and print the
Briefing Sheet
for the impacts of the proposed budget shortfall on our DSP workforce.
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HB0839
/
SB0539
:
Labor and Employment- Family and Medical Leave Insurance Program
(also known as the "Time to Care Act")
Status:
HB0839 In House, Hearing 2/24 at 1:00 PM, EMC, Room 231
SB0539 In Senate, Hearing 2/27 at 1:00 PM, FIN, Room 3 East, Miller
Position:
Support with Amendments
The Arc Maryland supports the creation of a family and medical leave insurance program in Maryland. We would like to see this benefit offered nationally as we believe it will benefit our society when people do not have to worry about loss of wages when they need to care for themselves of a loved one.
With this bill, however, we have deep concerns that it creates mandates and
administrative burdens which we believe would present unintended consequences if the bill is passed as written.
For amendments, we ask that the definitions of "covered (eligible) employee" and other inconsistent definitions and responsibilities of employers under the benefit plan be made consistent with FMLA standards.
We ask that providers not be required to PROVIDE notice to employees but rather post notice (in a conspicuous place) of an employees’ rights under this benefit.
We also asked that any legislation creating an insurance program with mandatory contributions also include a budget mandate for funding increases for medicaid community- based providers (such as Developmental Disabilities providers) and also funding increases to the individual budgets of people who self-direct their services. This funding is necessary to cover costs associated with providing the new benefit plan.
Without these amendments, The Arc Maryland's support must be considered withdrawn.
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HB1043
:
Education - Physical Restraint and Seclusion - Guidelines and Reporting
Status:
In House, Hearing 2/26 at 1:00 PM,
W&M,
Room 131
Position:
Support
House Bill 1043 would require analysis of data collected about the use of restraint and seclusion with students in public and nonpublic schools, development of an accountability system to ensure that the strong regulations and guidance in place in Maryland are implemented fully, and increase the ability of school staff to better meet the needs of their students by addressing gaps in teacher preparation and professional development, thereby reducing the reliance on restraint and seclusion as a tool of classroom management.
The Arc's position is that restraint and seclusion are aversive, trauma-inducing, and dangerous, often resulting in injury to students and sometimes to school staff as well.
Senate Bill 786 (2017), required collection and annual reporting of data regarding the use of restraint and seclusion in public and nonpublic schools throughout the state. The Arc and many others expected that the information would inform stronger regulations and strong guidance from the MSDE, and with the training requirements also included in Senate Bill 786, the incidence of restraint and seclusion would decrease.
Unfortunately, that has not been the case and the incidence of restraint and seclusion remains extremely high in many jurisdictions.
Across all districts, the vast majority of students who are restrained and placed in seclusion are students with disabilities and the majority are in elementary school.
House Bill 1073 would address some of the gaps by requiring an analysis of the data collected to identify trends and investigate school districts or nonpublic schools that may be violating the regulations that were promulgated to reduce and eliminate restraint and seclusion. The bill also addresses the needs of teacher training and support to address student behavioral challenges in a trauma-informed, restorative way.
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HB1118
/
SB0885
:
Motor Vehicle Administration- Voluntary Disclosure of Developmental Disability
Pictured above are Sponsor's panel members, including Mat Rice (People on the Go of Maryland) and Ande Kolp (The Arc Maryland)
Status:
HB1118 House Hearing 2/26 at 1:00 PM,
E&T,
Room 251
SB0885 Senate Hearing 3/3 at 12:00 PM, JPR, Room 2 East, Miller
Position:
Support with sponsor amendments
This bill would create information cards available online and at all MVAs for the voluntary use by people with I/DD and autism to enhance communication between a police officer and the person.
The purpose of the card is to have the driver place their insurance card, registration and driver license with the card, so they can hand it to the officer during a traffic stop. On the outside of the card are helpful tips and instructions for both the officer and driver on how to successfully communicate with each other.
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HB0643
/
SB0701
:
End-of-Life Option Act (Richard E. Israel and Roger
ʺ
Pip
ʺ
Moyer Act)
Status:
SB0701 In Senat
e, Hearing 2/28 at 12:00 PM, JPR, Room 2 East, Miller
HB0643 In House, hearing not yet scheduled
Position:
Oppose
This bill would allow
an individual to request aid in dying by making certain requests and meeting other criteria prior to receiving a prescription for lethal drugs to end his/her life.
Pictured are Dr. Brian Callister (Nevada doctor), and panelists Jeneva Stone (Parent/Partners in Policymaking class member), Katie Collins-Ihrke (Accessible Resources for Independence ED), and Edward Willard (professional advocate)
The Arc with many other groups have fought for the rights of people with developmental disabilities since the 1950's. Many adults with developmental disabilities are considered vulnerable, not because of severity of disability, but because many rely on others to bathe, to dress, to eat, to work, to get from place to place, to worship, for assistance with taking medications and attending appointments, and generally, to live. Because of a need for additional support, individuals with disabilities are not always treated as equal to individuals without disabilities.
We know that we have come a long way as a society however, people with disabilities continue to face devaluation, a lack of understanding, and barriers to accessing appropriate medical treatment including pain relief and palliative care.
According to a recently published report from the National Council on Disability (
The Danger of Assisted Suicide, October 9, 2019
), the top five reasons doctors give for their patients’ assisted suicide requests (based on patient reports) are not pain or fear of future pain, but psychological issues that are eerily familiar to many in the disability community: 95% fear a “loss of autonomy” and being “less able to engage in activities”, 87% fear a loss of dignity”, 56% said they feared “losing control of their bodily functions”. Fifty two percent (52%) reported feeling like a burden on family and caregivers was their reason for requesting lethal drugs.
In states where the practice has become legal, there are examples of cases where insurance companies have denied coverage for life-sustaining treatments but have offered medical aid in dying drugs instead. For these reasons, we believe people with intellectual and developmental disabilities and serious health conditions would be at risk if this legislation should become law.
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House:
HGO, 1:00 PM, Room 241
HB0612
: Labor and Employment - Health Care Facilities - Workplace Safety Program - Revisions
W&M, 1:00 PM, Room 131
HB1628
: Sales and Use Tax - Rate Reduction and Services
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House:
EMC, 1:00 PM, Room 231
HB1147
: Places of Public Accommodation and Public Buildings - Single-Occupancy Public Restrooms - Availability (The Accessible to All Act)
HGO, 1:00 PM, Room 241
HB0691
:
Health Occupations – Nurse Practitioners – Certifications of Competency and Incapacity
W&M, 1:00 PM, Room 131
HB1314
:
Election Law - Voting Systems - Accessibility for Voters With Disabilities
Senate:
JPR, 12:00 PM, Room 2 East, Miller
SB0885
:
Motor Vehicle Administration - Records - Voluntary Disclosure of Developmental Disability
EHEA, 1:00 PM, Room 2 West, Miller
SB0367
:
State Department of Education - Guidelines on Trauma-Informed Approach
SB0549
:
Education – Public Schools – Seizure Action Plans (Brynleigh Act)
SB0575
:
State Department of Education - Early Literacy and Dyslexia Practices - Guidance and Assistance
SB0830
: Education - Alternative Schools - Reporting Requirements
FIN, 1:00 PM, Room 3 East, Miller
SB0642
:
Home- and Community-Based Waiver Services - Alterations and Task Force
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House:
HGO, 1:00 PM, Room 241
HB0984
:
Developmental Disabilities Administration - Program Changes and Required Reports
HB1003
:
Human Services – Department of Disabilities – Accessibility Programs
HB1091
: Maryland Medical Assistance Program - Long-Term Care Services and Supports - Personal Needs Allowance
HB1140
:
Health - Mobile Response and Stabilization System for Children and Families in Maryland - Study
HB1171
:
Public Health – Demonstration Program and Developmental Disabilities
JUD, 1:00 PM, Room 101
HB1115
:
Courts - Improperly Summoning a Police Officer - Civil Liability
W&M, 1:00 PM, Room 131
HB1407
:
Primary and Secondary Education – Student Discipline (Right to Teach Act of 2020)
HB1468
: Education - Student Behavior - Parent Notice and Required Counseling (Parent Accountability Act)
Senate:
JPR, 12:00 PM, Room 2 East, Miller
SB0833
:
Adult Protective Services - Vulnerable Adults Registry - Investigations and Records of Abuse and Neglect and Workgroup Study
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House:
APP, 1:00 PM, Room 121
HB1098
:
Use of Public Funds – Playground and Athletic Field Surfaces – Authorizations, Preferences, and Prohibitions (Safe and Healthy Fields Act)
HGO, 1:00 PM, Room 241
HB1163
: Home- and Community-Based Waiver Services - Alterations and Task Force
HB1168
:
Maryland Department of Health - Residential Service Agencies - Training Requirements
JUD, 1:00 PM, Room 101
HB0745
:
Office of the Attorney General - Senior and Vulnerable Adult Asset Recovery Unit
HB1282
:
Criminal Procedure - Vulnerable Adult Abuse Registry
Senate:
EHEA, 1:00 PM, Room 2 West, Miller
SB0757
:
Election Law - Voting Systems - Accessibility for Voters With Disabilities
FIN, 1:00 PM, Room 3 East, Miller
SB0879
:
Public Health – Maryland Infant Lifetime Care Trust Funded by HSCRC and Maryland Patient Safety Center Duties
SB0897
:
Maryland Department of Health - Residential Service Agencies - Training Requirements
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House:
E&T, 1:00 PM, Room 251
HB1475
:
School Buildings - Drinking Water Outlets - Elevated Level of Lead (Safe School Drinking Water Act)
HB1542
: Public Health - Lead Poisoning Testing Program and Lead Poisoning Prevention Fund
Senate:
FIN, 1:00 PM, Room 3 East, Miller
SB0796
:
Developmental Disabilities Administration - Program Changes and Required Reports
SB0834
: Maryland Medical Assistance Program - Provision of Residential Service Agency Services
SB0918
: Human Services - Trauma-Informed Care - Commission and Training
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Senate:
EHEA, 1:00 PM, Room 2 West, Miller
SB0459
:
Public Schools - School Resource Officers - Firearms Required
FIN, 1:00 PM, Room 3 East, Miller
SB0733
:
Public Health - Care of Medically Fragile Individuals (Channing's Law)
SB0851
:
Human Services – Department of Disabilities – Accessibility Programs
SB0959
:
Public Health – Demonstration Program and Developmental Disabilities
SB0965
:
Day Care Centers for the Elderly and Day Care Centers for Adults - Reimbursement
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Senate:
FIN, 1:00 PM, Room 3 East, Miller
SB0818
:
Residential Treatment Centers and Facilities – Sexual Abuse and Harassment – Reporting and Prevention
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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
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