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2010 Arc Michigan Conference

June 17, 18 & 19, 2010

Amway Grand Hotel

Grand Rapids, MI

 

The Arc Michigan Focus Newsletter for December 2009

The Arc Michigan

1325 S. Washington Ave.
Lansing, MI 48910-1652
Phone: (800) 292-7851

or (517) 487-5426
Fax: (517) 487-0303
Driving Directions

 

Check calendar for other events

2009 Arc Michigan Conference Presenters and Presentations

 

Public Policy

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  • Supports governmental advocacy at the local, state and national level

  • Dohn Hoyle, Executive Director for The Arc Michigan, is a registered lobbyist with the State of Michigan.

  • The Arc Michigan employs Wiener and Associates as a full service, bipartisan, governmental affairs law firm located in Lansing, Michigan.

Action Alerts (State and Federal)
Do You Want the Term "Mental Retardation" Removed from Federal Laws?  New federal bill would replace this stigmatizing term with "intellectual disability". Click here to learn more and Take Action.

Sen Barbara Mikulski introduces "Rosa's Law"On November 17, Senators Barbara Mikulski (D-MD) and Michael Enzi (R-WY) introduced "Rosa's Law" (S. 2781), a bipartisan bill to substitute outdated, stigmatizing terms in federal health, education and labor laws. The terms "mental retardation" and "mentally retarded" would be substituted with the terms "intellectual disability" and "individual with an intellectual disability." 

Click on the image to watch Senator Mikulski's speech on the Senate floor when she introduced the bill.

Click here to learn more and Take Action.   top

Seclusion and Restraint in Schools Act Passes House Education and Labor Committee

In a good step forward for enactment of the first federal legislation concerning restraint and seclusion in schools, the House Education and Labor Committee (on a bipartisan 34-10 vote) passed H.R. 4247, the Preventing Harmful Seclusion and Restraint in Schools Act after adopting a Manager's substitute.

The bill will now go to the full House of Representatives for consideration. Congressmen Kildee and Ehlers voted for the bill. Please be sure to thank both members for their support.

Seclusion and Restraint          

 
Representative Deb Kennedy has introduced legislation based on the report released by Michigan Protection and Advocacy Service, Inc. (MPAS) about restraint and seclusion practices in the State. The MPAS report was released and the legislation announced at a press conference on Wednesday, December 2, 2009.
 
The legislation was introduced as HB 5639 with 17 co-sponsors. It was referred to the Committee on Education. The bill seeks to amend section 1312 of "The revised school code" in PA 451 of 1976 as amended by PA 461 of 2000.
 

Read about and listen to the Michigan Radio news report on the introduction of restraint and seclusion legislation by Representative Kennedy.

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Direct Action Organizing Training

 

Mad as hell and don't want to take it any longer?  Don't mourn...organize! Attend the ADAPT Direct Action Organizing Training in Memphis, Tennessee in the spring of 2010. Topics to be covered include: The Power relationship, Picking an Issue, Winning Strategies/Tactics, Organizing a “Direct Action”, Negotiating – Getting to Yes, Forming an ADAPT Group, and Pitchfork Approach to Social Change. See the attached brochure (doc), (pdf) or contact Bob Liston at 406-544-5137 or adaptbob@gmail.com                   top

UPDATE on  Bill That Limits Patients' Rights
 
The number of co-sponsors for HR 1255 introduced by US Representative Barney Frank (D-MA) has grown from 63 to 71, happily still none from Michigan. HR 1255 would limit the rights of agencies who receive federal funds, such as the state Protection and Advocacy agencies for persons with developmental disabilities to file class action lawsuits against institutions. 
 
The bill would limit the ability of lawyers to protect individuals with developmental disabilities who live in large group settings. Contrary to its intent, the bill is titled "To protect the interests of each resident of intermediate care facilities for the mentally retarded in class action lawsuits on behalf of such resident."
 
A great deal of the progress for the rights of individuals with disabilities to live independent and productive lives in the community have been made as a result of class action lawsuits against states for the denial of individual rights in institutions.
 
You may wish to contact your US Representative and thank him/her for NOT co-sponsoring HR 1255. Call the US Capitol switchboard 202-224-3121 and ask for your Representative's office.
 
Talking points are:
  • This legislation is not needed and would harm individuals with disabilities.
  • It would harm the efforts of parents and advocates to work for community services and supports needed to live in the community.
  • It would limit the efforts of lawyers to represent their constituency.

 

Doing Advocacy
Open For Questions Wrap Up

The trial run of Open for Questions has wrapped up with the President answering several of the most popular questions during a special online town hall. Click here to view the online town hall or read questions that have been submitted.

www.whitehouse.gov/OpenForQuestions/

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State Issues/Updates
Governmental Affairs Update (pdf) rtf or doc  12/21/09
The Arc Michigan's Position on Positive Behavior Support
 
The Arc Michigan's position on Positive Behavior Support (PBS) supports the policy of Michigan Sate Board of Education that every district implement PBS for all students throughout the school system.  Below is the full position statement.
 

School–Wide Positive Behavior Support

The Arc Michigan believes that every student should receive a free and appropriate public education in the least restrictive environment as provided through IDEA 2004.  A school–wide positive behavior support system is necessary to achieve this goal.  Best practice is universal positive behavior support (PBS) that is school–wide as a positive preventive measure rather than as a reactive measure. PBS is beneficial for ALL students. The Arc Michigan supports the policy of the Michigan State Board of Education that every district in Michigan implement a system of school–wide positive behavior support strategies and the Michigan Department of Education’s “School-wide Positive Behavior Implementation Guide” issued in 2008.

PBS begins with identifying needed environmental changes and accommodations, implementing them, then identifying and teaching skills to replace inappropriate behavior. In a school that uses PBS, expectations for behavior are clearly stated, widely promoted and referred to frequently. Positive behaviors are identified, taught, and practiced by all. Everyone is aware of behavioral expectations, including parents, and is respectful of each other.

Positive Behavior Support (PBS) is a research–based best practice that uses data–driven decision making.  Universal support is successful for about 80-85% of students. Another 10% respond well to a more personalized approach.  In each school about 5-7% of students require intensive intervention.  This process begins with a thorough functional behavior assessment (FBA) to determine what the student’s behavior is trying to communicate.  The Michigan Department of Education Office of Special Education and Early Intervention Services (OSE-EIS) has developed a FBA process for this purpose.  Intervention must then be focused on adjusting the environment and teaching needed skills rather than using reactionary consequences that are punitive. 

Benefits of school–wide PBS include the following:      

  • Increased active participation for all students

  • Increased academic and pro-social skills

  • Increased attendance and graduation rate

  • Decreased bullying

  • Decreased drop-out rate

  • Decreased office detention referrals

  • Decreased suspension and expulsion

 

Consensus Revenue Report Adopted January 11, 2010

The State Treasurer and House and Senate Fiscal Agency Directors met for the Consensus Revenue Estimating Conference this morning. 

They agreed that revenue in the current fiscal year, FY 2010, will be $156 million less than was projected in May 2009.  Of that total, $51 million is General Fund/General Purpose revenue, and $105 million is School Aid Fund revenue. 

For Fiscal Year 2011, General Fund/General Purpose revenues are estimated to be $6.958 billion, or $70 million over FY 2010.  School Aid Fund revenues in FY 2011 are estimated at $10.480 billion, or $22.4 million over FY 2010 revenue estimates as revised this morning. 

These consensus numbers represent a significant compromise between the bleaker projections of the Senate Fiscal Agency and the more optimistic projections of the House Fiscal Agency and State Treasurer.  All parties noted that they will gather again in May, if not sooner, to revisit these estimates before final legislative action on FY 2011 budgets is completed. 

Governor Granholm must present her FY 2011 budget recommendations no later than February 12.  Earlier today, State Budget Director Bob Emerson indicated that, based on today’s estimates, further spending cuts in this fiscal year are unlikely. 

The Governor will present her final State of the State address on February 3.  

Update 2:00 pm:

A summary of the Revenue Consensus agreement is now available at www.senate.michigan.gov/

sfa/Publications/BudUpdates/YearEndBalance.pdf

This document further details the anticipated year-end General Fund and School Aid Fund balances for FY 2010, and the projected revenues for FY 2011.

Based on these estimates, which incorporate carry-forward funds from FY 2009, there will be a $72.7 million General Fund surplus and a $53.7 million School Aid Fund surplus in FY 2010.

And, based on these estimates, there is a projected $1.1 billion General Fund budget shortfall for FY 2011 and a projected $423 million School Aid Fund budget shortfall for FY 2011. (Budget shortfall is defined as the imbalance between estimated revenue and appropriations based on current law/policy.)

These estimates, especially as to FY 2011, assume 1) no increases in state revenue; 2) a continued freeze on statutory local revenue sharing; 3) a continuation of $140 million in funds transfer from the Merit Aware Trust Fund to the General Fund; and 4) no additional federal stimulus funds beyond those already available.

The summary points out that federal ARRA funds are directly supporting almost $1.1 billion in funding that, absent replacement dollars from another source, will decline to $209.6 million in FY 2011.   top  (posted 01/11/10)         

Medicaid Institutional versus Community Expenditures: FY 2008 Aged/Disabled Compared to Developmental Disabilities

From Steve Gold's Information Bulletin # 298 (1/2010)

 

In the previous two Information Bulletins, we reviewed how well your State has done at ending discrimination against the elderly and people with physical disabilities (#296) and ending discrimination against people with developmental disabilities (#297) with regards to Medicaid Long Term Care expenditures and services.

 

In this Information Bulletin, we will focus on how your State has done at ending discrimination by comparing the two CMS categories of people with disabilities, each with a separate budget line: on one hand, elderly/people with physical disabilities, and, on the other hand, people with developmental disabilities. Again, this comparison is with regards to how your State allocates its Medicaid Long Term Care expenditures between its institutional versus community-based services.

 

This separation into two categories is because historically CMS has not encouraged States to combine different disabilities into one Medicaid Waiver and because the federal Medicaid statute requires cost comparisons based on the type of institution a person would enter: elderly/people with physical disabilities go into nursing facilities, and people with developmental disabilities go into Intermediate Care Facilities.

 

If one looked at "all disabilities", that is, combined the two categories in FY 2008, then 57.3% of all Medicaid LTC expenditures went for institutional services and 42.7% went for community services. However, when Medicaid expenditures in an "all disabilities" category are broken down and separated into MR/DD and Aged/PD categories, there is a dramatic difference.

 

For persons receiving Medicaid funded MR/DD services in FY 2008, nationally 35.5% went for institutions (ICFs) and 64.51% was spent for community-based (waiver) services. Thus, significantly less Medicaid funds went to provide services for persons with MR/DD in institutions than in the community. In dollars, $12 billion was spent on institutions but $22 billion was spent for community-based services.

 

In contrast, for the aged and persons with physical disabilities, 68.4% of  Medicaid funds was spent on institutional services and 31.6% on community-based services. In dollars, nursing facilities received $49 billion but only $22.6 billion was spent for community-based services.

 

Why the lopsided distribution based on type of disability? Better DD advocates? More expensive? More DD advocates?  More organized DD community? Flukes?

 

Certainly States know how to serve some people with disabilities primarily in the community because they do it for people with developmental disabilities.

 

In FY 2008, Michigan spent 80.3% of its Medicaid LTC dollars for aged/physically disabled on institutional services.  In contrast, it allocated only 3.9% of its Medicaid LTC dollars for persons with developmental disabilities to institutional services.

 

Why don't States treat all people with disabilities the same opportunities?

 

Obviously, some States treat the two categories the same:

OR and NM are equal opportunity States with virtually no institutional expenditures for either A/PD and DD.

On the other hand, MS has virtually only institutional expenditures for both A/PD and DD.

 

Why are there such dramatic differences between the two categories?  We always thought the ADA meant all Americans with all Disabilities Act - not Americans with some or preferential Disabilities Act. Obviously, some States and the disability advocates successfully treat all disabilities equally. Why don't all States? top  (posted 01/15/10) 

Disabled Oakland University Student Wins Housing Fight

 

The Detroit News on December 29th carried a report stating that Oakland University was found to have violated the federal Rehabilitation Act by failing to make reasonable accommodation.

Oakland University violated a federal law by refusing to allow a disabled student to live in a campus dorm and now must make a room available for him, according to federal court order.

The opinion issued by U.S. District Judge Patrick J. Duggan paves the way for Micah Fialka-Feldman, a 25-year-old Huntington Woods student, to move to the dorms in January and ends the disabled student's two-year battle to live on campus.

Fialka-Feldman has a mild cognitive impairment that hinders his ability to read and write. He has been taking classes at Oakland under a program called OPTIONS, designed for college-age students with cognitive disabilities who couldn't be admitted to Oakland under the regular admissions standards. Fialka-Feldman pays a program fee that's equal to the cost of tuition and doesn't earn grades.

Read more about this story here top  (posted 01/8/10)
Michigan Organizations Concerned about Elimination of Optional Medicaid Benefits

A letter signed by several Michigan Organizations has been sent to members of the Michigan Legislature urging the restoration of optional Medicaid services.

"The elimination of Medicaid Adult dental services, as well as the other federally defined 'optional' services, is causing suffering and threatening the lives of the most vulnerable people in Michigan. Lower-cost prevention care is being sacrificed for questionable short-term savings. Restoring these services could help keep Medicaid adult recipients healthy and save money in the long run.

The July 1 elimination of dental benefits has already had severe consequences. Officials with a dental clinic treating an elderly developmentally disabled woman in Northern Michigan said her condition was complicated by a severe dental infection that they were not able to effectively treat because of the cancellation of dental benefits. She died October 7 in an Alpena hospital."

Click here to read the letter. top

Program Accessibility for Persons with Disabilities 
 
The Arc Michigan participated with The Center for Civil Justice in Saginaw which took the lead in pressing the Michigan Department of Human Services (DHS) to adopt and promote a comprehensive policy on program accessibility for persons with disabilities. This has resulted in the DHS including a new policy on Nondescrimination in Service Delivery in their Administrative Handbook. 
 

The Michigan Poverty Law Program's Web site has a description of the policy provisions in it's Issue Alert - 09-10-01

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Wiener Associates Year End Legislative Summary

Federal Issues/Updates
Disability Community's Recommendations to House-Senate Conference on Health Reform

January 8, 2010 - The attached letter was sent by disability advocates to the House-Senate Conference Committee negotiating health care reforms.

top  (posted 01/22/10)

AARP's Most Current Healthcare Reform Priorities in Congress

 

The attached  (pdf) document offers a summary of themes we are pushing in Congress during these late stages of development. We hope you find it helpful with your own advocacy and send it along as you see fit.

Obama Administration Pushes States To Provide Community Living
 

Community-based living for people with disabilities got a boost recently when the Department of Justice filed friend of the court briefs in lawsuits against three states.

 

The briefs were filed in support of the Supreme Court’s decision in Olmstead v. LC and EW. In that decision, the court said that states have an obligation to give people with disabilities the option to receive care in a community setting, where medically possible.

 

President Barack Obama said earlier this year that his administration would beef up enforcement of the court decision, which dates back to 1999. And, in late November the Justice Department took action by filing briefs in lawsuits against the states of Connecticut, Virginia and New York.

Read more in this Disability Scoop story by Michelle Diament

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UPDATE on Tax-Free Trusts For Persons With Disabilities
 
There are now 137 co-sponsors of HR 1205, a bill that would allow tax-free savings accounts for people with disabilities much like those already in existence for those saving for college. Among the co-sponsors are four US Representatives from Michigan:  Ehlers, Kildee, McCotter and Schauer.
 
The bill sponsored by Rep. Ander Crenshaw, R-Fla. is called the Achieving a Better Life Experience Act of 2009 or the ABLE Act of 2009 and would create accounts similar to the 529 plans that currently exist to save for college. Up to $500,000 could be invested in the accounts, which would be tax-free in many cases.
 
HR 1205 would allow trusts to be created to pay for disability related expenses such as education, housing, health care and personal support services. The funds in the trust would not count against the individual’s maximum asset amounts to qualify for Medicaid and other government programs. The bill was referred to both the Ways and Means and the Energy and Commerce Committees on February 26, 2009 where it remains.

The Senate version, S 493, is sponsored by Sen. Robert Casey, D-Penn. and now has 11 co-sponsors, none from Michigan. It and has been referred to the Committee on Finance since February 26, 2009.

End 2-year Wait for Medicare Update
 
S. 700, a US Senate bill aimed at putting an end to the two-year waiting period that people with disabilities must endure before getting help from Medicare currently has 19 co-sponsors, including US Senator Debbie Stabenow of Michigan. The bill, “Ending the Medicare Disability Waiting Period Act of 2009,” was introduced in the Senate by Senator Jeff Bingaman (D-NM).
 
This primarily benefits people under the age of 65, when most become eligible for Medicare, who suffer from a severe and costly disability. S. 700 was referred to the Finance Committee on March 25, 2009.

The US House version, H.R. 1708, was introduced by US Representative Gene Green (D-TX-29) and now has 103 co-sponsors including Kildee, Kilpatrick, Levin, and McCotter from Michigan.

Newsletters

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Special Reports
2008 Arc Michigan Annual Report  (pdf) 

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