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CDDC - Colorado Developmental Disabilities Council, Advocacy, Inclusion, Systems Change
 
 
                                                

   

 
  Legislative and Public Policy Committee    Meeting Notes  March 23

Legislative and Public Policy Committee

 


Meeting Activities
Date:   April 21, 2008
11:00-1:00


Minutes Review from April 14

Mike Nelson motioned to approve the minutes from April 14; Ed George seconded; they were consensually approved.
 
Current Legislative Priorities

  • The ARC Resolution Coalition is fundraising for signature procurement.  The Arc of Denver is neutral on this initiative.  Alliance has signed on.
  • The insurance lobby is working on stripping auto insurance from HB 1389, Insurance Rate Accountability, Transparency & Equity Act of 2008. 
  • It was reported that HB 1167 addressing Vulnerable Populations, would put all its study groups under Health Care Policy and Finance’s Long Term Care Committee.
  • Bills will be moving very quickly as we approach the end of the session.  It is likely that all bills developed under the interim committee will be sent to the Governor’s desk.
  • Mike McCarty, Irene Aguilar and Beverly Hirsekorn will meet with Senator Keller to discuss ICFsMR and alternatives.   

New Business

  • Marcia Tewell presented on a decision by the Executive Committee for the Council to consider contracting with a professional lobbyist who has multiple client contracts.
    -The contract would be for $5,000 to cover 2-3 specific bills.
    -The contract would cover next session. 
    -Marcia will create the contract and have oversight on the lobbyist’s activities as she does for the rest of the staff.
    The Public Policy Committee had the following thoughts and recommendations:
    -There was a lot for one person to handle at the Capitol this year.  Staff did a good job and this can increase capacity.
    - The lobbyist should also report to the Chair of Public Policy or his designee.
    - There should be weekly reports on lobbyist activities to the Public Policy Committee.
    -  The lobbyist should communicate with the full Council and identify the bills s/he is working on
    - This should be considered a trial program and there should be an evaluation of whether the lobbyist was cost effective.
    - The Public Policy Committee should look at the 5 Year Plan and identify policy that the lobbyist could proactively work on.
  • Marcia reported that Christi Hendrickson be the Council member submitted to the Governor for the Autism Commission
  • Diane Rehner reported on her activities on the Quality Committee for the Division for Developmental Disabilities.  The Committee reviewed the system and the various ways the division collects data about the whole bureaucracy.  They have facts about critical incidents by date, by CCB, by type, etc. Critical incidents now need to be routed directly to the division, which hopes to notice trends to be followed with a question to the relevant CCB for further inquiry of the relevant service provider.   They collect a dizzying amount of other facts, which can be sorted ten different ways with the push of a button.  Micro-board documentation must be kept up to date, forwarded to several different offices. Then someone there signs it and supposedly mails it back. Sometimes this works as designed, and sometimes it is a lot of effort to write up a little cut on the small toe of a person receiving services. It will be useful to monitor how major incidents are documented in division oversight and more importantly, what sort of change is reflected as a result.
    Even though it seems like the USM study has vanished from existence, it is still a topic with juice on Princeton Circle. Only three comments were sent in during the window requesting responses to the division reaction to the study. One was from PADCO, don’t remember the others.  But one of them suggested creating two sets of boards, the CCB being separate from the service provision board. They thought this idea had some merit.
    The Committee will also consider information identified through validation processes and a Targeted Case Management Survey.  Goals for the Committee include improvements to the web site and a complaint roster
  • The Committee decided to cancel the April 28th Committee Meeting.  At the May 5th meeting, the Committee will look at the 5 Year Plan, strategize on a planned focus and identify stakeholders to bring together.

The meeting adjourned at 12:30.
________________________________________________________________________________

Attendees; Mike McCarty (Chairperson); Irene Aguilar; Ed George; Don Hutter Jr. (guest); Sheryle Hutter; Aileen McGinley; Mike Nelson; Diane Rehner; Julie Farrar & daughter, Elizabeth; Beverly Hirsekorn, Marcia Tewell (staff)

Next Meeting:  May 5, 2008, State Capitol, Room 111  


Meeting Activities
Date:  April 14, 2008
11:00-1:00

_____________________________________________________________________________________

Minutes Review from March 31 and April 7

Kathy Grant motioned to approve the minutes from March 31 as revised; Mike Nelson seconded; they were consensually approved.  Kathy Grant motioned to approve the minutes from April 7 as written; Mike Nelson seconded; they were consensually approved.
 
Current Legislative Priorities

  • House bill 1047 passed out of House Appropriations.  Representative Riesberg took Council concerns to heart after reading our letter and voted no.  Representative Pommer thought that if people did not think this model of employment was good, they do not have to sign up for it.  Marcia pointed out that the choices for different models were not equal.  This is about affirmative action and desperate parents.  There is not a level playing field. (Good Will Bill)
  • HB 1031 had $500,000 put on for fiscal impact.  This is the navigator bill.
  • The FAIR Coalition lobbyists were assigned legislators to inform.  Beverly spoke to several that were co-sponsors and found a person to work with one co-sponsor that was waivering.  (Transparency for Insurance Rates.) 
  • The Waiting List ballot initiative is moving forward.  Children’s wait lists have been added.  A pre-ballot survey shows strong support for the issue.  ARC of Colorado will need to raise about 3 million dollars to obtain signatures to put on ballot. 
  • Sheryle Hutter reported that Senator Morse agreed to hold off on legislation until next year.  He agreed that a study should be done.  The Department of Health Care and Financing has been asked to back off due to lack of consensus.  It is felt that this should be evaluated along with SSA requirements. 

New Business

  • The Resource Exchange will stop doing business on May 12.  Marcia reported that Redstone Enterprises, another non-profit, might take over.  The state is still working on alternatives.  The state has ultimate responsibility to ensure people are not thrown out of services.
  • Discussion occurred about whether the state has capacity to absorb new resources.  Reversions have occurred when only 40 new resources were allotted from the Long Bill.  This year we have more than 300.  When the Referendum passes, there will be even more demand that capacity be available for many people at once.  One major CCB director was concerned that infrastructure is not being paid for currently.  There is no extra money to develop a resource plan and find providers.  It will be important for all stakeholders to work together to prevent reversions and ensure services.  Staff was asked to draft a letter to Sharon Jacksi for the purpose of advising her that we recognize the issue and want to help find a solution.
  • Menda reported that there doesn’t seem to be a due process for CHP+.  She cannot seem to find anyone that will be responsive in the advocacy community. 

The meeting adjourned at 12:20.

________________________________________________________________________________

Attendees; Mike McCarty (Chairperson), Kathy Grant, Don Hutter Jr. (guest), Sheryle Hutter, Bob Lawhead, Mike Nelson, Diane Rehner, Menda Warne, Beverly Hirsekorn, Marcia Tewell (staff)

Next Meeting:  April 21, 2008, State Capitol, Room 111  


Meeting Activities
Date:   March 17, 2008
11:00-1:00

_____________________________________________________________________________________

 
Minutes Review from February 25, March 10

Kathy Grant moved that both minutes be approved as written; Bob Lawhead seconded.

The Committee approved the minutes by consensus.
 
Step Down Care from Hospital for Children on Trachs and Vents Presentation by Christy Blakely

  • There is a lack of services in the community for children with trachs and vents
  • They need a minimum of 3 RN.LPN level professionals to be in home (one can be a parent)
  • 14-19 children are living at Children’s hospital because either care is unavailable or they need the sophisticated/sensitive equipment that is not available in the community
  • Some children are Wyoming residents
  • Equipment companies will not allow special equipment in rural areas where they can not service within very small time frame (child needs to be bagged if machine goes down)
  • They cost $4,500/day in Children’s Hospital
  • Christy is working with Cambridge out of Pennsylvania to create a step down facility that will be more home-like and only cost $1,000-1,200 per day
  • The company has similar facilities in New Jersey and Pennsylvania
  • They will be required to help manage care to enable children to transition to home if possible
  • Looking at a licensed 30 bed facility with ability to take children at home currently on trachs and vents to use extra beds for respite
  • Looking at old Beth Israel hospital building on 16th & Lowell as a potential site
  • Facility would house people with Brain Injury on alternate floors

Christy’s position:

  • This provides a choice for families allowing them to be in a more home like facility
  • She would look at rule enforcement…only children under 18; change rule that a child would need to be in hospital before entering step down.
  • HCPF staff and Christy are going to other states to see facilities
  • Less cost to state
  • Nursing rate and benefits are possible where capacity for nurses in community is very limited

Council concerns

  • Facility is a skilled nursing home for children
  • Beth Israel and similar facilities are not home like
  • Perhaps a Ronald McDonald model would be better
  • If we build it, they will come
  • Other groups have wanted nursing homes for children….this is a slippery slope
  • How can the Council support segregated care when it opposes ICFsMR….a similar model
  • Support of such a model is inconsistent with the Council Position on Family Support that children belong with their families
  • Technology and appropriate professionals should be supported to be in community rather that supporting facility based services
  • Respite and Home and Community Based Services are the trend of the future; facility based care and segregated environments move the state back 20 years

Committee decided to hold discussion with full Council at a TBD Council meeting.

Old Business

HB 1072

Ohio’s Buy-In is on hold due to budget issues reported by the Ohio DD Council. This bill is still waiting in House Appropriations. 

HB 1047

This bill is still waiting for consideration by the House Appropriations Committee.

SB 02
House Appropriations Staff reported that this bill and many others are waiting until the Long Bill is introduced and processed.  At that time, there will be a better indicator whether funding is available and the legislators will then prioritize bills for funding.
 SB 04
The bill is waiting for consideration by the Senate Appropriations Committee.
 SB05
The bill has passed 2nd and 3rd reading and has been sent to the Governor for signature.  Bob has requested a signing ceremony.

HB 1101

The bill is waiting for Appropriations Committee review.  There will be many bills competing for the same limited resources and the Governor is committed to new funding but it is not clear that this bill will be the mechanism.  Staff will follow up with JBC staff on plans for ICF implementation.  Stephanie reported that San Carlos was expanding to serve more prisoners.  The driving problem is that the Medicaid state plan rate is not high enough to incentivize providers to serve this specialized population. 

HB1031

Sheryle was unavailable for this meeting and information she planned to obtain is tabled until the next meeting.

SB 165

Christy suggested that the Council might consider housing the Governor’s Council in a collaborative effort.  The Committee discussed various aspects of support that would not require fiscal impact.  Marcia will ask the Executive Committee to consider putting this item on the Council agenda for further discussion.

Trust Legislation

Stakeholders are meeting with HCPF staff to negotiate concerns.  It is not clear whether Senator Morse will initiate a new bill this session.  Sheryle Hutter will keep the Committee apprised about new developments.
HB 1235
The House Health and Human Services Committee received the Council’s Position Paper on HB 1235 has been postponed indefinitely. 

New Business

ARC Resolution
Staff presented the Arc Resolution supporting a sign on for organizations that support a ballot initiative for financing the full Wait List through a sales tax increase.  Mike McCarty motioned to send the discussion on to the full Council; Bob Lawhead seconded.  The Committee agreed by consensus.  The resolution and supporting information will be presented as a voting item to the full Council under the Public Policy Committee report on March 26, 2008.

Insurance Rate Accountability, Transparency & Equity Act of 2008

Staff presented information about Representative M. Carroll and Senator Sandoval’s proposal to have any future insurance premium increases to be reviewed by the Insurance Commissioner for proper justification.  This bill helps to stifle Medicaid growth when people are priced out of commercial health insurance.  If they become indigent or have a catastrophic event, their health care is cost shifted to public care.  Other advocates have already signed on such as the Autism Society, Arc of Arapahoe & Douglas, Co AIDS project, Families USA, Family Voices and THRIVE.  Mike Nelson motioned to support the bill; Kathy Grant seconded.  The Committee agreed by consensus.  Mike McCarty requested that the full Council also discuss this item.  It will be presented as a voting item under the Public Policy Committee report on March 26, 2008.

Southern Maine Study

Diane Rehner presented materials that show that Southern Maine’s Report recommended separate case management.  The Division’s response seems to indicate “business as usual.”  Different advocacy entities will pursue action through alternative channels.  One argument presented by CCBs is that Boards could not survive on just case management fees if services were separated.  There continue to be concerns about resident survey relevance, retaliation, lack of experience with alternatives and lack of choice.  The Quality Assurance Surveys are supposed to be up on the Division for Developmental Disabilities website.  It is not clear whether this is only formal complaints and includes all incidents.

The meeting adjourned at 1:05.

________________________________________________________________________________

Attendees; Stephanie Garcia (by phone,) Ed George, Kathy Grant, Bob Lawhead, Mike Nelson, Mike McCarty- Chairperson, Diane Rehner, Beverly Hirsekorn (staff), Marcia Tewell (staff), Christy Blakely (guest)

Next Meeting: March 24, State Capitol, Room 111 (Canceled)  

Meeting Activities
March 10, 2008

11:00-1:00  

 

Committee members present:  Mike McCarty, Bob Lawhead, Ed George, Kathy Grant, Irene Aguilar, Sheryle Hutter, Mike Nelson Diane Rehner, Menda Warne by phone

Absent:  Stephanie Garcia

 

Guests:  Mary Jo Rymer, Ellen Brilliant, Sheila Hicks 

 

 

 

 

Staff member present:  Marcia Tewell

 

 

I.  Mike called the meeting to order at 11:00 p.m.

II.  Approval of Minutes –  Next meeting will include approval of most recent two meetings.

 

III.

Mary Jo Rymer and Ellen Brilliant of Arc/CO. presented on the referendum to end the waiting list.  Irene Aguilar moved to take the resolution to the full Council to sign the Council on as supportive.  Kathy Grant seconded the motion.  All in favor, no opposed.

 

IV.

1.       Bob Lawhead updated and educated the committee on the legislation to implement SB 05/Oklahoma model of reimbursement for employment.  He is hoping to be named to the committee.  The Council will write a letter of recommendation for him to be named to the committee once the legislation is signed into law.

2.       Sheryle Hutter reported that the Medicaid Buy-In being pulled until the formula is revisited.  Sheryle also reported on legislation by Rep. Larry Liston re: reimbursement of attorney fees. Marcia will call him to discuss concerns with the bill.  Sheryle raised updates on Medicaid trusts bill and meetings.  She said that Sen. Morse still plans to propose trust bills this session, possibly as early as April.  Julie Reiskin and Mary Jo Rymer are on the committee representing those using the trusts.  The Committee plans to watch this closely and timely.

3.       Irene Aguilar reported back on her attendance at the 1167 meeting.  She represented the Vulnerable populations subcommittee of the 208 Commission.  Three provisions in the bill include physicians doing developmental assessments of foster children, a board being developed that is customer driven, and Medicare supplemental mandated as guarantee issue i.e. no pre-existing condition exclusions.

4.       Sheryle and Irene also discussed the S.B. ‘02 or Family Caregiver Act.  Beverly will need to get amendments from Sen. Boyd or Gerrie Frohne as it is likely the most recent version has exclusion of payment to family members – with the only change being payment in the family home by OTHER providers.  Once the amendments are updated, Irene will write a letter if the concern is still relevant to the bill.  All information should be available by Thursday of this week.

5.        Marcia discussed S.B. 165 and the positive changes therein.  The Governor’s Commission on Disability will be now housed in the Gov’s Office as it is currently (not in DHS), will have Olmstead oversight, and has adopted the ADA definition of disability for purview and membership.  House Bill 1101- the Waitlist bill was also discussed.  It has been recommended that we discuss and create amendments to exclude the use of ICF dollars with the $2 million waitlist dollars.  Beverly will explore how the ICF model can be excluded, if it is not already and get back with the committee and Rep. Gardner if necessary.

 

 

V.                   Continue agenda item of off-session work to next meeting as well as coordination of list serves to best communicate electronically.

      

 

     VIII.  Adjourn – the meeting was adjourned at 1:30.

 

Italics indicate action items.

 


Meeting Activities
February 25, 2008

11:00-1:00  

_____________________________________________________________________________________

 
Minutes Review from February 11

The Committee approved the minutes by consensus.
 
Old Business

HB 1072

Kathy Grant updated the Committee that the bill is waiting for consideration in the House Appropriations Committee.  Sheryle Hutter reported that the Cross Disabilities Coalition believes there is a problem with the calculation of what people should pay to access Medicaid benefits.  This seems to be in contradiction to 34 states that already have a Medicaid buy-in.  Kathy will research other states like Ohio to find out how long their programs have been in existence and how successful they are.

HB 1047

It was reported that this bill is still waiting for consideration by the House Appropriations Committee.

SB 02
Discussion laid over to next meeting when Irene will be present.

SB 04
The bill has been modified into a study and a new fiscal note should be forthcoming.  Some Committee members wondered whether the state is totally compliant in meeting ADA accommodations when people go through the personnel system.  If people feel they have not been ADA accommodated, there is a protest process to investigate.

SB05
The bill has been introduced into the 2nd House but has not been heard.

HB 1101

The bill is waiting for Appropriations Committee review.  There will be many bills competing for the same limited resources and the Governor is committed to new funding but it is not clear that this bill will be the mechanism.  The Committee reviewed a letter regarding the ICF-MR requests from the Department of Human Services, justifying their request as well as a couple letters from parents.  One letter opposed the request; the other supported the request.  Ultimately, if the expansion for ICF beds occurs, another Office of Civil Rights complaint may be filed.  The Committee suggested that a new amendment be added to HB 1101 requiring that any new money go to community services, not to institutional services.

HB1031

Discussion occurred about amending the navigators to be in an independent entity.  Various alternative entities were discussed that already work with community members and are often more knowledgeable than case managers.  Sheryle will check with PAD-CO and Cross Disability Coalition to see if they would be willing to assist people to navigate the system.  Continuing to locate navigators within Community Centered Boards is seen as a conflict of interest.  Staff will distribute the University of Southern Maine study for conversation at a future meeting.

SB 165

The Committee discussed various aspects of the bill that could complement the work of the Council particularly ADA and Olmstead.  It was noted that the sponsor should be made aware that the bill as written, had the potential to duplicate the Council’s role.  Staff will attend a meeting with the sponsors and Bill Hanna to clarify the intent and source of the bill as well as educate the sponsors on the Council.

Trust Legislation

Marcia Tewell reported that concerned attorneys met with the sponsor.  The result was that a meeting would be convened with stakeholders.  The bills will be delayed until the meeting can occur.

HB 1127

Staff brought a draft letter to the Committee in support of 1127.  One more paragraph should be added to address fiscal note concerns.  Front-end investment is more than mitigated by allowing people with developmental disabilities to become taxpayers as well as allaying costs for alternative programming.  Bob Lawhead will work with staff so support letters can be delivered to the House Appropriations Committee this week.

Balance of bills on agenda
HB 1235 The HCPF proposal to expand managed care has been laid over.  The additional bill discussion will be delayed until Irene is available to discuss.

Keeping Connected

Marcia will send links out to other organizations lists so people may continue to keep informed on bills of interest to different parts of the disability community.

The Committee agreed to participate in the Health Care Day of Action on March 3 and will reconvene on March 10th.  Marcia will facilitate the next meeting.

________________________________________________________________________________

Attendees; Ed George, Kathy Grant, Sheryl Hutter, Bob Lawhead, Mike Nelson, Mike McCarty- Chairperson, Diane Rehner, Beverly Hirsekorn, Marcia Tewell (staff)

Next Meeting:  March 17, State Capitol, Room TBD

Meeting Activities
February 11, 2008

11:00-1:00

_____________________________________________________________________________________



Consumer Directed Quality Act

Julie Farrar presented the concept paper to codify and empower a consumer directed advisory board over Consumer Directed Services administered by the Department of Health Care Policy and Finance.  Council staff accompanied Julie, other staff from SEIU, and Laura Hershey and her staff when they met with potential sponsor, Representative Andy Kerr.  Representative Ferrandino is also a potential sponsor.  The Council has historically supported this program and empowerment of consumers.  While the concept is not yet drafted as a bill, the Committee members voted to actively support the effort.  Irene Aguilar motioned to support the effort; Mike McCarty seconded; Committee members voted unanimously to actively support the effort.

Autism Commission

Kathy Grant presented the Autism Commission bill intended to cover the full spectrum of people with autism and their many complex issues.  The thought is that with the significantly growing population of identified individuals, a focused effort needs to be developed through the Commission.  Irene Aguilar motioned to support the Commission bill; Diane Rehner seconded the motion; Committee members voted unanimously to actively support the effort.  (Marcia Tewell signed on to the petition supporting the legislation.)

HB 1220

Staff will attend a meeting with other stakeholders and the Department of Human Services Staff. Diane plans to also attend.  The meeting intends to discuss amendments and language clarification.  Irene Aguilar motioned that staff request that sections A, B, and C be retained as reasons to decertify a Community Centered Board and that the language “these reasons, but not limited to” be added.  Mike McCarty seconded; Committee members voted unanimously to actively support the language request.

Committee Members to Monitor Bills

As a working Committee, members agreed to take responsibility to monitor and testify if necessary on specific bills.  There are so many bills that it is difficult to ensure the Committee is staying apprized without this assistance.

The following commitments were made”

Mike McCarty  HB 1047

Irene Aguilar    SB    02

Kathy Grant     HB  1072

Bob Lawhead  SB 04

Bob Lawhead  SB 05

Staff                 HB 1101

?                      HB 1031

HB 1127

Committee members identified that the Council should take a position on HB 1127 that created a state tax credit for employers of people with developmental disabilities.  There is still a federal tax credit as well.  The fiscal note reflects a loss to the general fund due to the tax credit.  Bob Lawhead noted that these sorts of tax credits should be carefully used as leverage if an employer was close to hiring an individual with developmental disabilities.  This is because some employers use the credit for the three years it is available and then terminate the employee with developmental disabilities.  It would be better used to allow an employer to learn the value of their employee and then make the benefit of the employee more important than the lifespan of the credit.  Irene Aguilar motioned that staff create a letter of support for the House Appropriations Committee.  Mike Nelson seconded; Committee members voted unanimously to support writing a letter.  Staff will compose a letter.

Case Management and Service Issue

Staff suggested that individuals having case management and service issues should directly call Council Members Shari Repinski and/or the new Division Director for Developmental Disabilities, Sharon Jacksi.  Staff will provide appropriate telephone numbers as requested.

Health Care Day of Action

The Council had been a sponsor for this coalition day last year (first year) to remind legislators how important health care reform was for all Coloradoans. The Council is a member of Colorado Consumer Health Initiative who facilitates the day.  The Committee sees participation as a sponsor as one way to ensure recognition that people with disabilities need better access to more appropriate acute and long-term services.  The Committee asked staff to contact CCHI to commit as a non-financial sponsor.  Committee members agreed to contact constituents to participate on March 3rd.

Other Bills Identified by Committee

1167

Irene Aguilar will read the bill addressing vulnerable populations to identify impacts to the Council constituency; she requested that staff also read and submit comments to her.  Staff is overseeing many policy issues but will try to help and asked Irene to remind her.

1235

Mike McCarty reported that the Cross Disability Coalition opposes allowing HCPF to initiate new managed care efforts.  Some of the concerns are transparency, how funding is being used and client involvement.  Staff reported that HCPF says they need this bill to look at innovative pilot programs bringing better care to people.  The bill uses very board language and is likely to be amended to be more detailed.  At this point, Council staff is monitoring the bill.

1114

Irene Aguilar and Mike McCarty have concerns that this legislative proposal increases funding for nursing homes using a provider tax to increase rates.  Irene will look at whether the increased funding will increase quality assurance or other quality indicators for residents.  Philosophically, increasing funding for institutions is antithetic to home and community based services that the Council endorses.

1242

This bill impacts home care providers.  Irene Aguilar will also review this bill for our next meeting.

________________________________________________________________________________

Attendees; Irene Aguilar, Julie Farrar, Ed George, Kathy Grant, Sheryl Hutter, Bob Lawhead, Mike Nelson, Mike McCarty- Chairperson, Diane Rehner, Andrew Roybal, Carlos Roybal, Kelly Stahlman, Beverly Hirsekorn (staff)

Next Meeting: February 25, State Capitol, Room TBD     


Meeting Activities
November  9, 2007
Winter Park, CO


Proposed Legislation

Committee members reviewed two pieces of proposed legislation originating in the Interim Committee addressing Long Term Health Care Services and Support to People with Developmental Disabilities.   

Bill E was created with Bob Lawhead’s leadership.  It establishes an outcome-based supported employment system for integrated employment services for persons with disabilities, including developmental disabilities ("system"), that creates a reimbursement schedule for community-centered boards and agencies that provide employment services to persons with developmental disabilities, mental disabilities, and brain injuries. Authorizes the executive director of the department of human services ("department") to promulgate rules for the system. Requires the division of vocational rehabilitation in the department to report annually to the department on the employment outcomes achieved. Requires the department to report annually the employment outcomes to the general assembly.  Senate sponsors are Senator Williams, Boyd, and Keller; House sponsors are Representatives Pommer, and Soper 

The Committee thought this bill deserves active support by the Council.  They asked Beverly to draft a support letter that may be used for Council discussion in January as well as the legislature.  They would like to bring it to the Executive Committee in December.  Irene will edit.

Bill A was created by Representative Bob Gardner.  Creates the set aside contracts commission (commission) to assist nonprofit agencies that employ persons with severe disabilities (nonprofit agencies) to perform specifically identified state agency services. Specifies the membership and duties of the commission. House sponsors are Representatives Bob Gardner, Garcia, Pommer and Soper; Senate sponsors are Boyd, Keller, Spence and Williams  

The Committee discussed many concerns with Bill A.  It was described as misguided beneficence, not inclusive, not person-centered, creating a market for segregation and lacking protections for employees such as equitable pay with state employees doing comparable work.  It is recommended that this bill be considered by the Executive Committee for discussion at the January full Council meeting.

Beverly will send all the Interim Committee bills to the Committee in preparation of the discussion.

Sheltered Workshops

The Committee would like to learn more about how sheltered workshops are part of the service system.  They wanted to know whether consumer committees are advisors to the workshops and how the system is accountable to weigh community competitive placements on a higher priority.  They wondered if someone completes a form demonstrating consumer interest in competitive employment.  Beverly will check whether Al Orlofsky or Linda Dunn can address these questions. The Committee talked about the possibility of a Governor mandate against workshops (new) or a law preventing new funding from being allocated toward workshops. 

Committee Administrative Topics
Mike McCarty is committed to continuing as Committee Chairperson.

Irene, Mike Nelson and Sharisa want to continue to be Committee members.  Sharisa cannot walk long distances but will work to participate by telephone or find parking close to meetings.  Beverly wiIl find a parking map that shows parking spaces for people with disabilities around the Capitol.

The group would like to ask Carol Meredith to join the Committee.

Both Mikes, Sharisa and Irene on Monday or Wednesday, are interested in testifying on legislation.

The Committee unanimously agreed that Jay would be a good Committee member.

Mike McCarty is continuing to poll listed Committee members about their interest and participation. 

The next meeting will be at the Capitol on December 3, from 11-1.  They will also meet on January 7 from 11-1.  They will consider meeting at different alternative sites after January to encourage community participation, name recognition and “market” the Council.  They may choose to meet in Greeley or Lakewood or other communities.

The Committee is choosing not to meet earlier at the Capitol because other advocates have been only showing up sporadically and it is difficult to share information in the Capitol cafeteria.

Steve Teets asked Beverly to send him an email link to the Interim Committee.  She will send an email upon her return to Denver.

________________________________________________________________________________

Attendees; Irene Aguilar, Sharisa Kochmeister, Jay Kochmeister, Mike McCarty- Chairperson, Mike Nelson, Beverly Hirsekorn (staff), Steve Teets

Next Meeting:  December 3, Room 109 State Capitol

                         January 7, State Capitol, Room TBD 


Meeting Activities
October 22, 2007


Minutes Reviewed

Committee members reviewed and approved July minutes. 

208 Commission/Vulnerable Populations

Staff distributed testimony given to the 208 Commission by Mike Nelson and Beverly Hirsekorn.   Irene Aguilar worked very hard as the Chairperson for the Vulnerable Populations sub task force for the 208 Commission.  All disability concerns were funneled through the task force.  Staff distributed the Vulnerable Committee Final Report that went to the Commission.  The Disability Community is concerned that long-term care is missing from most plans.  Behavioral health and small business issues are not comprehensively addressed.  Some people think the process has been more slanted towards provider issues.  We will continue to monitor process and outcomes and be prepared to address concerns during the legislative process.

5-Year Plan Update

Health was added to the 5 Year Plan as recommended by the Legislative/Public Policy Committee.  Thank you to the Council members from the Legislative Committee that was able to lead this important discussion within the full Council.  The Executive Director of Health Care Policy and Finance, Joan Henneberry, is considering managed care for health.  Staff sent the Council’s Managed Care Position to Ms. Henneberry so she could be aware of the issues.

Wait List Interim Committee

Committee members reviewed Bills 1, 2, 4 and 6.  They would like to engage all Committee members and the Council in further discussion.  It is unclear whether the sales tax bill will advance.  It is not going to be offered through the Interim Committee. Representative Garcia reported that he has additional research to do before he decides whether to individually sponsor the bill. 

Other Bills for 2008

The Committee itemized a number of legislative proposals that are likely to be introduced.

Charter School Proposal

Discussion occurred about the Charter School that is being developed by parents of children with autism in Fort Collins.  It will be a segregated school.  The parents believe their children are not receiving adequate support in the public school system.  The Council does not support segregated schools.  The proposal should be discussed within the full Council as an educational tool.  Staff contacted the Autism Society in Denver and in Boulder, but has not heard back from the two entities.  

The meeting initiated at 11 a.m. and was adjourned at 12:30 p.m.

________________________________________________________________________________

Attendees;  Mike McCarty- Chairperson, Bob Lawhead, Aileen McGinley,  Beverly Hirsekorn (staff)

Next Meeting:  December 3, Room 109 State Capitol

                         January 7, State Capitol, Room TBD 

 


Meeting Activities
July 9, 2007


  Minute Review

 Irene Aguilar moved to accept the June minutes as corrected; Mike McCarty seconded and the minutes were approved consensually. 

Discussion of 208-Vulverable Populations Subcommittee

·         Irene announced that she has been officially appointed to be on the 208 Vulnerable Populations Committee.  There are 4 Subcommittees but this one focuses on people at risk of not receiving any or inadequate health care including long term care.  Other community advocates and consumers are represented on the committee such as Jan Bach, Carol Meredith, Arthur Powers, A.W. Schnellbacher and Kelly Stahlman.  The charge of the committee is to review the four health proposals designated by the 208 Commission and the 5th proposal that the Commission creates in the context of vulnerable populations.  The Lewin group will be evaluating all proposals for fiscal and operational impacts.  Staff spoke to the chairperson of the Outreach committee offering opportunities for finding accessible meeting space.  Irene will broadcast meeting notices and has offered to meet with Council members and other concerned citizens.  She has pursued meetings with George DeCurnou, Eileen Forlenza and Carol Meredith.  Irene is researching a number of perspectives including children’s issues, the 128 pilot study, lack of services for people with brain injury, and understanding the ramifications of dual diagnosis, particularly mental health and dual diagnosis. 

Plan Amendment Proposal

·         Discussion continued about including health care as part of the 5 year plan.  The green sheet that documented citizen concerns, actually documented health issues more times than employment if health topics were summed.  Funding for the majority of services to people with developmental disabilities comes through Medicaid.  Page 23 from the current plan was distributed to determine whether it could cover the concerns or whether it made more sense for the Council to deliberately include language about targeted health issues in a plan amendment.  The Committee requested that a draft-voting item be distributed for full Council consideration.  Mike McCarty, Todd and Linda will present around the discussion that occurred at the 5 Year Committee.  This is expected to provide the Council with background on the issue for informed discussion.  Staff will distribute page 23 and Mike McCarty will help guide the discussion.

HJR 1043-  Addressing the Waiting List

·          The implementation of the Joint Resolution effort has been publicized.  Six all-day meetings will occur.  The pre-meeting set a structure for future meetings.  IT is planned to include a wide array of experiences and testimony, no longer than 5 minutes apiece.  The goals are to identify no more than 8 pieces of legislation including innovations that will help mitigate the waiting list.  Some topics that will be discussed include payment to family members, allowing people to live in their family homes while receiving services, etc.  Bob will propose employment efficiencies and innovation, allowing choice in services and provider.  Irene wondered whether Bob could also present as an agent of the Legislative/Public Policy Committee.  Bob will email the materials he plans to present to the Interim Committee.  He will research what other states are doing, how people can be empowered, how to engage new service providers and ways the community can support individuals.  He will include the Oklahoma model, suggestions about the adequacy of rates, tax break information from Arizona, and the work-first policy out of Vermont. His proposal and others need to be submitted by August 17.  Bob also intends to submit the suggestions from the Division’s Employment Committee.  The suggestions include a default to employment; justifying why people are not on the path to employment including a requirement for enforcement.  He will also recommend a person dedicated to employment for the Division for Developmental Disabilities as well as Vocational Rehabilitation.   The Committee discussed addressing the need to divert resources and people from sheltered workshops.  They understand that individuals rely on sheltered workshops as a safety net between jobs but the state needs to put more resources and policy directives toward supported employment before the Council can advocate to close down or convert workshops.

Council Meeting with the Governor                                                                              

·          Members of the Council and staff had a very positive meeting with Governor Ritter, his Deputy Chief of Staff, Stephanie Villafuentes; Leslie Herod, Policy staff and Shaylisa Hurte, Director of Boards and Commission.  Each Council member had a topic of discussion to introduce the Governor and his staff to the concept of the Council, its responsibilities and purview, and its current goals.  The Governor’s role with the Council and his Promise documenting his vision for Colorado, also were discussed in the context of collaborating on common issues.  The Governor wondered what the cost would be to expand the state definition of developmental disabilities to the federal definition.  The group planned to see what research might exist on this topic that could be submitted to the Governor’s staff. 

Other Topics

·          Ed George shared his pictures of the Senate Bill 36 bill signing ceremony.  Senate Bill 36 expands the mental health diagnoses that are covered by parity.

·          Mike McCarty may have a new job working as a job developer for people with disabilities.

·          The group decided to forego the August meeting and plans to reconvene in September, TBD.

·         The meeting commenced at 11:15 and adjourned at 1:45.

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Attendees; Irene Aguilar, Ed George, Bob Lawhead, Mike McCarty- Chairperson,  Beverly Hirsekorn (staff)

Next Meeting:  August To Be Skipped, September TBD

 


Meeting Activities
June 4, 2007


Minute Review

 Mike McCarty moved to accept the May minutes as written; Irene Aguilar seconded and the minutes were approved consensually. 

Council Elections

·         Staff reviewed new Council leaders