Legislative Information:
The Arc of Bismarck's Legislative Action 2009/2011 biennium. For additional information on language or detailed action of specific bills please visit: http://www.legis.nd.gov/.
Support HB1044
This bill would provide for the development of a program for services to transition-aged youth who aren't currently served by programs; this would allow for transition-aged youth to be served using the wrap-around process. Additionally, the Department of Human Services will appropriate money out of its current budget, but also through grants and donations.
~ PASSED
Support HB1092
This bill changes the definition of a disability.
~ FAILED TO PASS
Support HB1209
This bill would provide a tax credit for individuals who purchase Long-term Care partnership plan insurance coverage. The benefits of this bill are that it would act as an incentive for individuals to buy LTC insurance, which would protect individual assets and protect ND by weaning dependency on Medicare. LTC insurance also encourages personal responsibility and is less intrusive.
~ PASSED
Support HB1258
This bill would require retailers and other public establishments, which do not have public restrooms to allow individuals with certain disabilities and conditions to use an employee only restroom.
~ FAILED TO PASS
Support HB1259
This bill would establish an affordable housing fund, with priority given to projects for individuals with 30% or less of the median income and households with special needs. It also allocates funds towards making accessibility improvements and establishes an advisory board with a disability advocate.
~ FAILED TO PASS
Support w/Amendment HB 1276
This bill would establish $1 million for a grant program focusing on afterschool learning programs. I suggested the committee consider adding specific language to the bill in order to address the problem of inclusion.
~ FAILED TO PASS
Support SB2045
This bill would require that long-term care facilities notify residents in writing prior to discharge or transfer to another facility. I requested an amendment stating alternative formats are necessary to make written notices accessible to all individuals. Rep. K. Conrad asked that P&A work on drafting language for the amendment. The amendment was not adopted.
~ PASSED
Support SB2104
This bill would prohibit unfair compensation practices and incentives used by insurance companies. ~Senate PASSED 39-2.
~ PASSED
Support SB2123
This bill would require background checks on direct care staff, providers, childcare attendants, people employed by the hospital, etc.
~ FAILED TO PASS
Support w/Amendment SB2128
This bill deals with the membership of the Upper Great Plains Transportation Institute Advisory Board. I testified in support of adding a self-advocate to the board, this action was not taken.
~ PASSED
Support SB2211
This bill would change the term "assistance dog" to "service animal" and update current law to adopt language from the 2008 Americans with Disabilities Act in reference to having service animals in public places. A new section of this bill would define penalties for killing or injuring a service animal.
~ PASSED
Support SB2223
This bill would implement two pilot projects focused on coordinating fragmented transportation services ND currently has in place.
~ PASSED
Support SB2340
This bill would allow for a nonprofit thrift store with 501(c) (3) status to be exempt from sales and use tax.
~ FAILED TO PASS
Support SB2383
This bill would allow for an income tax credit to employers of individuals with disabilities.
~ FAILED TO PASS
Support Senate Bill 2398
This bill would make it mandatory for elementary and secondary students to engage in movement and exercise. I testified in support with an amendment adding inclusive language; the amendment wasn't adopted.
~ FAILED TO PASS
Support SCR4010
This resolution would direct the Legislative Council to conduct a study on mass, public, and special needs transportation, for the creation of a passenger rail/bus system in the state.
~ ADOPTED
Support SCR4025
This is a resolution which proposes a study of the feasibility and desirability of transferring the property of the State Hospital from the Dept. of Human Services to the Dept. of Corrections. This resolution also includes the possibility of contracting with hospitals so that individuals with mental illness would be treated in their hometowns.
~ FAILED TO ADOPT
HB1012
This bill contains the Department of Human Services Budget. For detailed information on the outcomes of this bill please click here.
~ PASSED
HB1014
This bill contains Protection & Advocacy's Budget. For detailed information on the outcomes of this bill please click here.
~ PASSED
Support HB1043
This bill creates a dementia care services program.
~ PASSED
Support HB1078
This bill would require that print material such as text books are provided in alternative formats to students with disabilities and would make the ND School for the Blind serve as the national instructional materials access center. Benefits of this bill would include maximizing access of materials to individuals with disabilities including those with physical limitations, it would be more efficient and cost effective, and it would also function as a single point of entry in ND for these services.
~ PASSED
Support HB1090
This bill would provide for child care assistance, including in-home care for children with disabilities.
~ PASSED
Support HB1300
Irrevocable trusts.
~ PASSED
Neutral HB1440
This bill would repeal the law requiring majority ownership of a pharmacy by an independent pharmacist.
~ FAILED TO PASS
Neutral HB1472
This bill would create an Early Childhood Services Board.
~ PASSED
Support HB1476
This bill would establish and appropriate funds to an Aging and Disability Resource Center as a single point of entry.
~House FAILED TO PASS
Support HB1477
This bill would increase the allowable amount individuals on Medicaid can set aside for funeral expense from $5,000 to $6,000.
~ PASSED
Support HB1478
This bill increases poverty level in the State Children's Health Insurance Program (SCHIP) from 150% to 200%.
~ FAILED TO PASS
Support HB1556
This bill would allow and provide an appropriation for the Department of Human Services to conduct a study of public and private developmental disability provider rates.
~ PASSED
Support HB1573
This bill would provide for a legislative council study of voucher use and provider choice for clients in human service programs.
~ PASSED
Support SB2074
This bill would clarify which states have jurisdiction and limit time and money spent in court in regards to adult guardianship and protective proceedings.
~ PASSED
Support SB2198
This bill would provide for the development and maintenance of a TBI registry and provision of services to individuals with TBI.
~ PASSED
Support SB2421
This bill will direct the legislative council to conduct a study on involuntary mental health commitment procedures.
~ PASSED
Support SCR4009
This concurrent resolution would direct the Legislative council to study the adequacy of governmental services and methods for the aging population and the effective delivery of guardianship services.
~ ADOPTED
The Arc of North Dakota's Public Policy Platform 2009/2011 Biennium
Issues surrounding inclusion/least restrictive settings are of a very high priority. People with intellectual disabilities are entitled to educational services, community living, employment, leisure time, social activities and multiple other services, all of which should be delivered in an inclusive/least restrictive setting.
Governor Hoeven's budget for the 2009/2011 is a budget we can support:
~Community service providers are budgeted to receive wage increases of 7% in 2009 and 7% in 2010.
~Dentists were funded at a minimum 75% of average bill charges. They are also budgeted to receive 7% inflationary wage increases each year.
~Increased the Medically Needy Income Levels: currently ND is at 58% of poverty for household size of one; this will bring ND to 83% of poverty for household size of one.
~Healthy Steps: currently ND is at 150% of poverty; this will bring ND to 200% of poverty (net income).
~Personal Needs Allowance - ICF/MR: this is for individuals who reside in an ICF/MR facility; they will receive an increase in their monthly allowance from $50 to $60.
~Intense Medical Needs/Family Homes: this covers children with developmental disabilities and intense medical needs who live in family homes; this increases the maximum reimbursement in a family home.
~Autism Spectrum Disorder Waiver: provides a waiver for birth to age 5; 30 slots; adds 1 FTE.
~ Developmental Center budget includes the CARES Team with 1 behavioral analyst at the DC and 4 in the field.
~The budget includes a planned increase of 22 individuals each year of the biennium for students graduating out of Special Education. It also includes 17 individuals moving from the Developmental Center to the Community.
~The Medicaid budget includes a change for adults to have an exam and new glasses if needed every 2 years. Currently it's every 3 years.
~The corporate guardianship contract for individuals with developmental disabilities is fully funded at $1.7 million.
~Fixed the ISLA administrative reimbursement that was a disincentive for moving people to a least restrictive environment.
The Arc will support the following initiatives not included in the Governor's Budget:
Critical Need Staffing Increases
As people age, often times their needs increase; staffing increases have not been available from the Department of Human Services to adequately address this. The Arc believes additional funding is required for complex behavioral and medical care.
DD staffing to meet critical needs:
General Funds $2.3M
Federal Funds $3.0 M
Total Funds $6.3 M
Wages, Fringe Benefits, and Equity Increases for Community Residential Service Providers
The Arc believes an additional $2.00 per hour equity increase would limit staff turnover and an increase in fringe benefits from 33% to 36% would cover the rising cost of health care.
General Funds $10.5M
Federal Funds $18 M
Total Funds $28.5
Personal Needs Allowance - ICF/MR
The Arc will request an increase of $50 to $75 per month.
Deinstitutionalization
The Arc believes the rate of deinstitutionalization is inadequate, please see the Braddock Report on closure.
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