Congress continues to be stalled on a new deal for this year's federal budget.  The federal budget which should have been approved for October 1, 2010 is funded through a "CR" or Continuing Resolution.  The present CR expires on April 8.  At present, proposed budget cuts will have an impact on the discretionary part of the federal budget. More here.

After listening to stakeholders, the administration has decided to hold on the MassHealth rate reductions for Day Habiltitation, Adult Foster Care and Adult Day Health. See our release about the announcement.

A hard-hitting article published in the New York Times cites “widespread problems in the more than 2,000 state-run homes. In hundreds of cases reviewed by The Times, employees who sexually abused, beat or taunted residents were rarely fired, even after repeated offenses, and in many cases, were simply transferred to other group homes run by the state.” The Arc of Massachusetts and other groups have pushed for the passage HB 523--a bill calling for national background checks of individuals working with people with disabilities--as one of several remedies.

Wolf Wolfensberger, one of the pioneers of the community movement, passed away at the end of February. The American Association on Intellectual and Developmental Disabilities (AAIDD) reported on their webpage: "He was widely recognized as a major contributor to the field of intellectual and developmental disabilities in the 20th century and had a reputation for being a stirring and controversial speaker.

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By mid-morning more than 400 people showed up at a rate hearing in Shrewsbury to protest cuts in the MassHealth day habilitation program. ADDP, the Massachusetts Day Habilitation Coalition and The Arc are working with organizations acrosss the state to stop this setback to community supports. Also this morning, DDS Commissioner Elin Howe, MRC Commissioner Charles Carr and colleagues were testifying in front of Ways and Means members in Fitchburg. On March 4, at 10 a.m., the Ways and Means public hearing will be held at the Gardner auditorium in the State House. The Arc will work with partners to set up panels for the hearings on topics related to community supports and services.

March 2 and March 4 are big days for advocating for long term supports for individuals with disabilities at the State House.  The Arc & MDDC host the 33rd annual legislative reception and it's an opportunity to make sure the State House knows we are here!  Go here for details. 

February is the month to contact your reprsentative and senator about placing your priorities on the top of the list that they provide to their respective Ways and Means chair.  Please download and share our fact sheet in the next few weeks.

As reported previously, cuts for three MassHealth programs are scheduled for later this fiscal year.  The programs include:

Day Habilitation        3.7%             Day Hab

Adult Foster Care      6.2%            AFC

Adult Day Health       7.5%            ADH

The total cuts which are for FY'11 followed by FY'12 include:  

Day Hab-       $1.3 M & $5 M (M=Million)

AFC-             $1 M & 4 M

ADH              800,000 & 3.3 M

The hearing schedule is as follows: 

Day habilitation hearing   Wednesday, February 23, 10 am at the Hoagland-Pincus Conference Center, Univ. of Mass. Medical School, 222 Maple Avenue, Shrewsbury, MA.
 

Adult Foster Care hearing  Tuesday, February 22, 10:00 A.M. at the Division of Health Care Finance and Policy ("Division"), Two Boylston Street, 5^th floor, Boston

Adult Day Health  Thursday, February 24 at 10:00 AM at the Division of Health Care Finance and Policy ("Division"), Two Boylston Street, 5th floor, Boston

If you plan to testify, you can contact the Division of Health Care Finance and Policy (Division) prior to 5pm on the day before the hearing for an early opportunity.   You can send letters if not attending and they should be sent to the Division at Two Boylston Street, 5^th floor, Boston.  We suggest sending them prior to the hearing date. 

ADDP, The Arc and others will be working together on a coordinated hearings plan.

PURPOSE AND BACKGROUND OF THE HEARING

This hearing is being held for the specific purpose of discussing the Department of Public Health's proposed amendment to its 24th year grant for funding under Part C to modify its current eligibility criteria.  Note:  changes will only be implemented at the level needed to address a funding shortfall and will occur only as a last resort once all other options have been exhausted.

Program Eligibility: (Below are two different models that are under consideration.)

• Current Eligibility: A child must exhibit a 30% level of delay or 1.5 standard deviations in one developmental area to be eligible for program services.

• Proposed Eligibility (Option 1) – Differentiated Eligibility Model: A child will need to exhibit a 40% level of delay or 1.5 standard deviations in one  or more areas of developmental; or exhibit at least a 50% level of delay in expressive language or at least 2 standard deviations below the mean in  the communication domain.  (Please note that this model was approved as part of the current grant however the DPH elected to maintain eligibility at the level described under “Current Eligibility” above.)

• Proposed Eligibility (Option 2) – Bifurcated Eligibility Model: The DPH proposes to establish two parallel service systems.  The Federal EI program would have stricter program eligibility, (e.g. 50% level of delay in two or more areas of development or have an established condition.)  The Federal EI program will be supported by Part C funding and must follow all federal laws and regulations articulated under Part C.

The State EI program would have broader eligibility (e.g. 30% level of delay or 1.5 standard deviations in one developmental area.)  The State EI program will not be supported with Part C funding and therefore is not required to adhere to all of the federal laws and regulations articulated under Part C.    Waiting lists may exist for access to services and service intensity would potentially be limited. 

During the hearing the Department welcomes testimony regarding the changes to eligibility, due process rights, access to service based on insurance coverage and potential out-of pocket expenses for families, and any other aspects of the grant.

Part C of the Individuals with Disabilities Education Act, P.L. 108-446, provides funds to assist states in providing services for infants and toddlers with disabilities.  The hearing is about Massachusetts' proposal to amend the current Part C grant and is open to families, service providers, and professionals serving young children and families.

ASSURING SERVICES TO ALL ELIGIBLE FAMILIES

In the application the state must include assurances demonstrating to the satisfaction of the federal Secretary of Education that:

All eligible children shall be identified and their families offered an evaluation.  If eligible, the child and family shall be entitled to the development of an Individualized Family Service Plan and to the early intervention services described in that plan.  All families and children shall have procedural safeguards throughout this process.

This law also lists the components of a statewide system and requires that the state application include the state policies and procedures to assure all components.

WHO SHOULD TESTIFY?

Members of families with young children, professionals who serve young children and families, and officials from any state agencies with responsibilities for services to children and families are encouraged to come and speak on the issues outlined in this notice or on any other related concerns.

WHEN ARE THE HEARINGS?

January 12, 2011

Massachusetts Department of Public Health

Western Regional Public Health Office

23 Service Center Rd.

Northampton, MA

10 AM - 12 PM

January 14, 2011

Massachusetts Department of Public Health

Public Health Council Room, 2^nd Floor

250 Washington Street

Boston, MA

10 AM – 1 PM

Written comments may be sent until 2/16/11 and should be addressed to:

Massachusetts Department of Public Health

Early Intervention Services

250 Washington  St., 5th Floor

Boston, MA 02108 – 4619

Attn:  Ron Benham, Bureau Director, Family Health and Nutrition

For more information or if you need assistive devices/services to participate in the hearing, please call Early Intervention Services at the Department of Public Health. The number is: Voice (617) 624-5901 and TTY (617) 624-5992.