Public Policy Platform 2007/09 Biennium
1. Support House Bill 1012 Section 16
This bill was introduced during the 2005 Legislative Session. The Department of Human Services, with input from developmental disabilities service providers, shall develop, during the 2005-06 interim, a plan to transfer appropriate individuals from the developmental center to community placements and begin the transfers during the 2005-07 biennium.The department shall report to the legislative Council on its plan and on the anticipated number of individuals that will be transferred during the 2005-07 biennium
There are currently 137 individuals residing at the Developmental Center.
Transition goals for maximum population:
July 1, 2007 - 127 individuals
July 1, 2009 - 97 individuals
July 1, 2011 - 67 individuals
The Arc, Upper Valley contracted with David Braddock. Ph.D., University of Colorado to prepare a paper “Closing the North Dakota Developmental Center: Issues, Implications and Guidelines.” The paper is intended to stimulate discussion and perhaps further study The Arc and other interested parties in North Dakota on the possible closure of the North Dakota Developmental Center.
2. Pass Resolution on Quality Home and Community Based Long Term Care Supports and Services
The Resolution is intended to express the commitment of the legislature to ensure that its citizens with disabilities are protected against unnecessary institutionalization and included in our communities. This will be a key factor in assessing North Dakota’s services and in the allocation of resources.
3. Increase Family Support
Pass the Family Opportunity Act in North Dakota for families of children with special health care needs meeting this definition.
If passed, the Family Opportunity Act will provide an opportunity for middle- income families of children and youth with special health care needs to purchase Medicaid coverage for such children. Families must maintain their own private insurance if they have it. North Dakota would be expanding services to working families, many of whom already have private insurance, but must pay high out-of- pocket costs for services not covered by their health plan.
Examples of other family support programs include cash subsidy payments, respite care, family counseling, architectural adaptation of the home, in-home training, sibling support programs, education and behavior management services, and the purchase of specialized equipment.
4. Increase Funding for Direct Service Staff Enhancements
Additional funding is required to service those with complex behavioral and medical needs. Also, as people age or other changes occur in their lives, often times increased needs arise. Direct service staff enhancements have not been available from the Department of Human Services to adequately address those needs.
5. Increase Funding for ISLA Residential Services
Expanding Individualized Supported Living Arrangements (ISLA) will provide additional residential alternatives for individuals living in public and private institutions; persons living in 7-15 person group homes; youth aging out of special education; and for people currently residing with aging caregivers.
There is a reported waiting list of 58 individuals who could benefit from ISLA services. Over the 2004/05 biennium, more than 150 students exited special education, and an estimated 1,600 individuals with developmental disabilities live with family caregivers who are aged 60 years or older.
There is a continued need to move away from North Dakota’s congregate-care orientation in public and private 16+ and 7-15 person settings. ISLA residential services can be a less costly, less restrictive service option for some people with high-level support needs. This can be accomplished by expanding supported living arrangements.
6. Remove Administrative Disincentives to ISLA Program
Request the Department of Human Services to amend administrative rules that are a disincentive to developmental disability service providers who offer ISLA services.
7. Restore Section 11 Funding for SLA Services (Residential Support for people with developmental disabilities)
Section 11 funding remains at one-half of the daily rate of SLA Services, where it has been since the initial cut two Legislative Sessions ago.
8. Increase the Personal Allowance for people living in intermediate~care facilities from, $50.00 to $60.00 per month
People living in an ICF/MR facility (nursing homes, some group homes,~Developmental Center) are allowed to keep only $50 per month as a personal~allowance to cover such things as hair cuts, personal grooming supplies, fashion, entertainment, etc. Most of our constituents are younger than the average person in a nursing home, but because of the lack of HCBS in some communities, we do have some constituents living in nursing facilities.
9. Reduce or Maintain Current Cap (1/04) on Consumer Premiums, Co-Pays and Caps on Medicaid Services including therapeutic services such as speech, OT, PT, etc.
10. Increase Funding for Corporate Guardianship – Waiting List, Petitioning Cost, Enhance Daily Rate
The need continues for corporate guardianship services for people with developmental disabilities who have no one available or appropriate to serve as guardian on their behalf.
11. Increase Community Provider Wages by $1.50 per hour and Increase Fringe Benefits from 33% to 36%
Achieving adequate wage and benefit levels for direct care staff working with children and adults with developmental disabilities remains a critical issue.
A well-trained, adequately compensated direct support workforce is essential to providing the necessary supports and services to our constituents, who constitute a very vulnerable population.
A wage study conducted in 2002 concluded that the average wage for workers who provide community based developmental disability services should increase by $2.19 per hour (inflation adjusted to 2007). Even though the 2005 Legislature approved some wage increases, the competitive position of community providers continues to erode. Direct care staff turnover remains unacceptably high (46% in 2005).
12. Seek Additional Medicaid Waivers (HCBS Waivers) and Amend Current Waivers to Allow for More Individuals to be Served
Katie Becket Waiver eligibility option is an optional eligibility category that allows children with long-term disabilities or complex medical needs, living at home, to access Medicaid services. SB 2395 authorized the implementation of a waiver to cover children with extraordinary medical needs. This biennium, funding is needed to implement the waiver.
13. Support Rebalancing Initiative
Home and Community Based funding should surpass institutional funding. North Dakota lags in this area.
14. Increase, and annually update, reimbursement rates and fees for health practitioners and clinical specialist to reflect the cost of providing services.
15. Support North Dakota “visitability” legislation requiring newly constructed, federally assisted housing to incorporate visitability standards (elements that afford accessibility to a dwelling’s first floor)
16. Support Department of Rehabilitation & Corrections Request for Funding to Improve and Expand Data Collection and Reporting. There continues to be high population of people with disabilities in our prison systems. There is a lack of data collection and reporting regarding people with disabilities and we want to see this area improved and expanded.
17. Support legislation that requires more extensive background checks for those responsible for vulnerable persons.
Mandated background checks will include fingerprinting and nationwide criminal history searches.
18. Repeal the 1993 legislation imposing an additional 2.5% excise tax on gross pull tab sales resulting in a total current tax of 4.5% of gross sales.
Charitable gaming has been good for charity. It has supported missions to help the disadvantaged, promoted civic and fraternal interests, created jobs and contributed to North Dakota’s tax base.
Declining revenue, increased operating costs, the North Dakota Lottery and other outside sources beyond charities control are seriously compromising charitable gaming as a funding source for charitable purposes. The ability to serve consumers and their families is being squeezed and is in danger of serious contraction.
Charitable organizations fear the inevitable collapse of charitable gaming without legislative tax relief.
19. Eliminate the sales tax on non-profit thrift stores.
Exempting non-profit thrift stores from collecting sales tax would allow charities to increase their customer base by offering a “no sales tax” incentive, therefore providing more funds for charitable use.
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