Updated on November 17, 2005
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Action Alert
Prepared Statement (download in
Word or
PDF) for the
Assembly Budget Subcommittee #1 Health and
Human Services on November 16, 2005. The hearing was an informational
hearing to investigate the current impact of rate freezes and other cost
containment measures that have been instituted over the past several years.
Please discuss any of these issues with your local legislators and other
issues you see as important to you, your family, or friends.
Honorable Hector De La
Torre, Chair
Assembly Budget
Subcommittee #1
State Capitol Building
Sacramento, CA 95814
Dear Assemblymember De
La Torre:
On behalf of The Arc of
California, the states’ oldest and largest membership association of people
with developmental disabilities, their families, and other advocates, we
would like to thank you for holding these informational hearings today in
preparation of the next session. The time and care you and your committee
are taking to fully explore all the factors involved in the current state of
our service and support system can only help our constituents with
developmental disabilities as their needs are nonpartisan and their desire
for full participation in all aspects of community life is compelling.
During the 1950s
parents of individuals with developmental disabilities came together in
California and throughout the nation to support one another, to reject
institutionalization as the only option, and to urge communities and school
districts to accept their loved ones and to include them in all areas of
California and American society. This was the beginning of The Arc of
California, and since that time great strides have been made in education,
through the Individuals with Disabilities Education Act (IDEA), and today
the vast majority of individuals with developmental disabilities live and
work in their own home communities with their families, their friends, their
co-workers, as assured in the California Lanterman Act. However, these
important advancements have slowed and are under threat because of recent
and consistent cost containment initiatives through the budget process.
These initiatives include rate freezes, intake delays, suspension of startup
funding, changes in eligibility definition, and the implementation of the
parental co-pay for vital respite and related services.
The Impact of Cost
Containment Measures
Last session the
administration asked to continue the “temporary” short term cost containment
measures that have been put in place to save money and in the end most of
these measures were approved. The Arc of California recognizes that the
state has been in a serious economic struggle but its citizens with
disabilities can barely make it these days with their crumbling service and
support system infrastructure. As we will outline below these cost
containment measure are having a long term debilitating effect on an already
fragile community based service network.
Continuation of Rate
Freezes
The continuation of the
rate freezes on the community based service providers is perhaps the most
threatening measure impacting the stability of the service system for people
with developmental disabilities. Several nonprofit service agencies are
currently close to insolvency and would close their doors if not for the
fund raising efforts of their dedicated boards and local communities raising
from 10 to 50% of their annual income. While rates have been frozen the
cost of providing services continues to skyrocket making it impossible for
agencies to survive unless they continue to raise funds to subsidize the
government’s commitment to Californians with developmental disabilities and
their families.
These rate freezes
actually have the closest impact to people with disabilities because they
have an immediate impact on our thousands of direct support professionals
who our constituents depend on the most. These men and women who make up
this workforce should be celebrated and honored and recognized for their
contributions in supporting people with disabilities and the elderly but
instead they work two and three jobs to make ends meet, many have to access
public benefits for health, housing, and food, and there’s no professional
certification or licensure or a career ladder to offer our workforce. As
outlined in the report, Briefing Report and Chartbook on Wage and Benefits
Trends Affecting the Growing Crisis in Recruiting and Retaining the Direct
Support Workforce, the wage increases for our workforce “are far below the
trends of other comparable job categories and the national minimum wage. The
“Personal & Home Care Aides” hourly wage increased only $1.20 over a
nine-year period versus $2.79 and $1.75 for “Public Direct Support Worker”
and “Fast Food Workers” respectively. Over the nine year period, wages for
Personal & Home Care Aide increased 16.88% while Minimum Wage increased
21.18%.[1]”
In California our minimum wage increased to a higher level that the nation
minimum wage while rates continued to be frozen thus decreasing the relative
value of the wage even more. While the job can be personally rewarding and
enriching the turnover rates are estimated between 40% and 70% which has a
huge non-value added cost to the system.
The Arc of California
implores the state to make the lifting of the rate freeze a top priority for
the developmental services system.
Delay in Intake and
Assessment (60 days to 120 days)
In the cost containment
measure of delaying intakes and assessments we have a long term impact on
people with disabilities that no longer saves money for the state. Savings
associated with this initiative were realized in the year implemented but
now only serve to delay potential developmental progress for children and
adults with developmental disabilities. With every other new eligible
intake in the regional center system diagnosing an individual with Autism,
this delay can cause irreversible developmental delays if intervention is
not begun immediately.
The Arc of California
advocates for reverting the intake assessment back to the original 60 day
requirement.
Suspending Start-up
Funding for New Programs
Over the past several
years now the community of people with developmental disabilities and their
families has changed in both the types of disabilities and the needs for
support related to an individual’s disability and preferences. For example
the rising rate of Autism in California represents new challenges for the
service and support system in the community requiring sometimes smaller
settings or reduced stimulus environments and other specialized approaches.
Nationally new approaches to serving individuals are tried and many times
found to be successful but without this funding our state is stuck providing
services that may not meet the changing needs within each local regional
center area.
The Arc of California
advocates for lifting this restriction on start-up funding as it also
results in increased barriers to achieving the goals of the California
Olmstead Plan.
Implementation of a
Change in Eligibility Definition
During the 2003
legislative session the administration proposed a change to the definition
of eligibility for services under the Lanterman Developmental Disabilities
Act, which was aimed at complying more with the federal definition and would
grandfather in current eligible individuals. This proposal passed in the
legislature and was sign by the governor. The impact was estimated as
minimal affecting only a few hundred individuals with high independent
living skills. However, since that time our system has seen a marked
decrease in the rate of caseload growth indicating decreases in almost all
categories of developmental disabilities. While the Department of
Developmental Services is currently investigating the cause of the dramatic
changes The Arc of California believes there must be a direct link to
changes in eligibility. National prevalence rate estimates range from 1% to
2% of the general population and, unless the state is unique in the
prevalence of developmental disabilities, we are currently not serving at
least 100,000 individuals throughout California.
The Arc of California
advocates for researching the reasons for the dramatic impact on eligibility
rates and reverting back to the original determination criteria if found to
be the variable causing the unintended result.
Instituting a Co-Pay
for Parents and Families for Respite
After the 2004 session
California began charging a share of cost co-pay for respite and related
family support services. The Arc of California still believes this practice
should end and that we should support families as intended in the Lanterman
Act. We hear several anecdotal stories from parents who must go without
support because of the initiative and we believe there are many others in
communities throughout our culturally diverse state who see this measure as
barrier to requesting this initial family support service.
The Arc of California
advocates for immediately sunsetting this policy and restoring full support
to our families.
Thank you again for
holding these hearings today and we look forward to the next session and
working with you and your colleagues in the legislature and the
administration in finding ways to improve the support people with
developmental disabilities in California.
Thank you,
Tony Anderson
Executive Director
The Arc of California
(916) 552-6619
Briefing Report and Chartbook on Wage and Benefits Trends
Affecting the Growing Crisis in Recruiting and Retaining the Direct
Support Workforce, August 2005 Update. The report was prepared for
the American Network of Community Options and Resources by BDO
Seidman, LLP.
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Archive:
People
with developmental disabilities, families and friends:
ACTION
ALERT
Letters Needed This Week!
Deadline: Monday morning,
APRIL 25, 2005
The State Budget for 2005-06 is being
developed now. Once again the Schwarzenegger Administration is attempting
to reduce services and limit your rights under the Lanterman Act.
The Arc of California urges you to:
Write to members of Assembly Budget
Subcommittee #1 and ask them to:
1. Reject the
Administration’s proposal for so called “Long Term,Common
Sense, Cost Containment Strategies.”
These “strategies” are
another attempt to limit your rights to the services determined in your
individualized IPP/IFSP. The proposal will allow the Regional Center to legally
change your IPP/IFSP without your consent, to decide which provider you must use
and to limit the frequency and duration of your services – all without your
consent, and it removes or significantly weakens fair hearing rights.
The Legislature has rejected these Administration proposals every year because
you demanded it. Once again, your voices must be heard.
2. Support the
continuation of the existing Self-Determination pilot project and Delay the
administration’s proposal for a new waiver program for Self-Directed services.
This new waiver is not real self-determination, it is a way for the State to
reduce costs by placing a cap on the dollars that can be spent for each
individual. The dollar amount is a 10% (or more) reduction in dollars
available for services for every person who participates. This new waiver
should be delayed so that a broader community consensus can be achieved on the
key elements of the plan.
3. Support proposals
to strengthen employment services for adults with developmental disabilities.
These services are extremely cost-effective. They support adults to become
independent, productive and self-supporting members of their communities.
Send copies of your
letter to Assembly Member John Laird, Senator Wes Chesbro, and Senator Denise
Ducheny and to your local representatives.
Please take the following actions now!
1.
Distribute this Action Alert as widely as possible.
Download
2.
Fax or e-mail your letter to the legislators below. Members of
Assembly
Budget Subcommittee #1
are listed first.
Senators Ducheny and
Chesbro and Assembly Member Laird are key members of budget committees who
also need to receive your message.
All members may be
addressed as “The Honorable” and all addresses are at State Capitol,
Sacramento, CA 95814:
|
Member
|
Room
#
|
Fax #
|
E-mail
|
|
Assembly
Member Hector De La Torre
|
4162
|
916-319-2150
|
Assemblymember.delatorre@assembly.ca.gov
|
|
Assembly
Member Sam Blakeslee
|
5126
|
916-319-2133
|
Assemblymember.blakeslee@assembly.ca.gov
|
|
Assembly
Member Loni Hancock
|
4126
|
916-319-2114
|
Assemblymember.hancock@assembly.ca.gov
|
|
Assembly
Member Gene Mullin
|
2136
|
916-319-2119
|
Assemblymember.mullin@assembly.ca.gov
|
|
Senator
Denise Ducheny
|
4081
|
916-327-3522
|
Senator.ducheny@sen.ca.gov
|
|
Senator
Wes Chesbro
|
5035
|
916-323-6958
|
Senator.chesbro@sen.ca.gov
|
|
Assembly
Member John Laird
|
6026
|
916-319-2127
|
Assemblymember.laird@assembly.ca.gov
|
3. Send a
copy to your local Assembly and Senate members
For additional
information contact:
Tony Anderson
Executive Director
The Arc of California
(916) 552-6619 or
tanderson@arccalifornia.org