The empty, mismatched buildings off South Main Street that are the Waterbury State Office Complex could be a bustling neighborhood, with shops, housing and nightlife.
That is the vision of the doers and dreamers who responded to the state’s call for ideas on what to do next with the flooded 100-acre campus.
The department issued a request for “any and all alternative use proposals for the site” in mid-October, with a due date of Nov. 3. It received 10 responses from architecture and engineering firms, project management and strategic planning consultants, and a state employee, as well as from the three developers.
The submissions are now being read and discussed by a committee of representatives from the affected state agencies, plus Skip Flanders, a Waterbury village trustee and an Elm Street resident. They’ll deliver their views to the Shumlin administration and the Legislature, where a decision for the future will be made.
BURLINGTON, Vt – To help entire communities recover from Tropical Storm Irene’s flooding, the Federal Emergency Management Agency and Vermont Emergency Management are working to make sure people with disabilities and those with access and functional needs have equal access to disaster assistance programs.
“We are committed to making the process of recovery available equally to all residents of Vermont,” said Craig Gilbert, Federal Coordinating Officer for FEMA. “Our goal is to ensure everyone, including people with disabilities, have accurate and accessible information about federal and state recovery programs.”
In order to achieve this goal, FEMA coordinates efforts with state and local agencies as well as volunteer organizations to identify needs and locate appropriate resources. FEMA has a Disability Integration Specialist on site in Vermont to coordinate the various elements of the programs.
FEMA provides physical access to facilities and reasonable program modifications as needed. For example, brochures are translated into large print or Braille, access ramps provide entry into Disaster Recovery Centers and assistance is offered to complete forms. Also, sign language interpreters, amplified phones and other assistive technology are available by request.
FEMA’s TTY line (800-462-7585) and 711 or Video Relay Service (800-621-3362) can be used to answer questions or register people who are deaf, have a speech disability or hearing loss. Residents can also register with FEMA by applying online at www.DisasterAssistance.gov or call
800-621-FEMA (3362). Help is available in most languages.
Those looking for the nearest disaster recovery center can check online at https://asd.fema.gov/inter/
FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.
Disaster recovery assistance is available without regard to race, color, religion, nationality, sex, age, disability, English proficiency or economic status. If you or someone you know has been discriminated against, call FEMA toll-free at 800-621-FEMA (3362). For TTY call 800-462-7585; or call
800-621-3362 if using 711 or Video Relay Service (VRS).
FEMA’s temporary housing assistance and grants for public transportation expenses, medical and dental expenses, and funeral and burial expenses do not require individuals to apply for an SBA loan. However, applicants who receive SBA loan applications must submit them to SBA loan officers to be eligible for assistance that covers personal property, vehicle repair or replacement, and moving and storage expenses.
SBA disaster loan information and application forms may be obtained by calling the SBA’s Customer Service Center at 800-659-2955 (800-877-8339 for people with speech or hearing disabilities) Monday through Friday from 8 a.m. to 6 p.m. ET or by sending an e-mail to disastercustomerservice@sba.
Five days a week, Jason Woo washes dishes at McMenamins Kennedy School. He's struggled past his diagnosis of schizoaffective disorder to find work through the state's Office of Vocational Rehabilitation.
After leaving her job at an adult club this July, the 28-year-old Woods has floated from motel rooms to storage units, living on Social Security disability insurance derived through her diagnoses of major depression and post-traumatic stress disorder. She wants a regular job and plans to someday attend beauty school.
“I have no confidence that I can do anything, so school would be a start,” Woods says. “According to the government, I’m forever disabled.”
Woods is among the hundreds of thousands of people in America receiving Social Security income to offset mental illness, a number that social workers and college administrators say is growing to include the functional-but-troubled young adults who peopled stores and restaurants as cashiers and servers before the recession made even entry-level jobs scarce.
“It’s primarily economic desperation,” says Social Security Commissioner Michael Astrue. “People on the margins, they take a shot at disability.”
Before the start of the recession in 2007, more young adults with mental illnesses found basic jobs like Woo did, according to the Oregon Office of Vocational Rehabilitation.
“I didn’t want to hang out for a few years and wait for SSI,” Woo says. “I like to work and get paid.”
The Social Security Administration’s annual statistical reports track an increasing number of people younger than 65 who receive SSI for mental disorders ranging from autism to schizophrenia. Between 2004 and 2007, the number grew in Oregon by 10.9 percent – from 26,542 to 29,432. During the next three years of the recession, the tally rose by 18.8 percent to a total of 34,956.
Michael Webb, Social Security spokesman, says the increases are inconclusive.
“While there is a general consensus that a poor economy increases disability applications, there is not statistical data available that would substantiate a claim that young able-bodied individuals are applying for disability regardless of the stated impairment,” he says. “In order to be considered disabled, you still have to meet our criteria.”
A job – any job.
In the midst of a poor economy, George Knox, coordinator of Portland Community College’s Office of Student Employment and Cooperative Education, sees many students looking for a job – any job.
“We have a lot of angry people,” Knox says. “We have students coming in desperate, trying to pay rent, maybe even trying to get a meal. In a normal year, you might see one or two of those people. I’m seeing one or two of them a week.”
Knox says that today’s competitive job market means employers are more selective. Young people visibly struggling with mental illness are often overlooked, he says.
“Everything’s heightened, harder,” Knox says. “Even during the job search. Everyone’s frustrated who’s looking for work right now, and it’s going to show up during the job search. If you’re also dealing with mental issues, it’s even harder to maintain a level of professionalism.”
According to some in the mental health field, economic difficulties faced by young adults with mental illnesses are compounded by treatment needs that can’t be met by private health insurance. Many young adults turn to SSI not only because jobs are hard to find, but also because the private health care system fails them.
Tamara Sale, coordinator of Early Assessment and Support Team in Portland, a community program, points to insufficient health care as a problem driving many young people to apply for SSI.
“We’ve developed a system where kids are forced on disability when they don’t want to go there,” she says. “The problem is that private insurance doesn’t cover counseling and a psychiatrist and occupational therapy and vocational support and family support.”
She believes that the state’s occupational rehabilitation office could be strengthened to provide troubled young adults with incentives.
Total disability
Woo found his job in 2008 through occupational rehabilitation. Six months earlier, he tried to kill himself by cutting his mouth in the front yard of his parents’ Northeast Portland home and was hospitalized.
“I was hearing things for a long time. People saying negative things about me,” he remembers. “It was getting really bad and I couldn’t live with it anymore.”
He’d cashiered at Plaid Pantry before his hospitalization and quit. By the spring of 2008, he was taking four new medications, and he was confident that he could work, despite severe side effects – twitchings in his leg and body shakes, weight gain and a lack of energy.
“I think things have gotten better,” he says. “I have more mind focus, working.”
He lives in a group home with other mentally ill adults, paying $318 a month for rent. Cascadia Behavioral Health’s Shelter Plus Care program matches the remainder of his basic bills.
“I’m, like, the only person in this building who has a job,” he says.
According to Robert Drake, professor of psychiatry at Dartmouth College and a national leader in the research of severe mental illnesses and vocational rehabilitation, Woo and other young adults with mental illness require jobs to live happily. The process of qualifying for disability payments and the assurance of federal funds only entrenches young people in their diagnoses, he says.
“You have to claim the totally disabled role in order to get support,” he says. “Most young people with mental illness want to return to work or school, but the mental health system and disability system are not lined up to help them.”
The model of a disability system that cripples recipients is present on a local level, some Portland-area workers say. David Kohler, program manager at Cascadia Behavioral Health’s urgent walk-in clinic, oversees Multnomah County’s worst mental cases, clients in crisis with nowhere else to go.
“Ideally, there would be the hope of recovery – having a life worth living, relationships, working, doing quote normal things,” Kohler says. “There are some folks that are so beaten down, and then they get their SSI and think, ‘Good, now I have this income, I can afford my studio apartment and I’m done trying. I’m not going to fight anymore.’ ”
Kohler believes SSI could be more effective as a step to recovery if the application process were faster and simpler, lending itself to early intervention. Applicants typically try three times before obtaining benefits, an effort that can take years of phone calls, letters and interviews.
Ask Julie Briggs, a veteran social worker at Legacy Good Samaritan Hospital in Northwest Portland.
“So many people would have benefited if they’d gotten help sooner and their illness hadn’t progressed so far,” she says. “Most people on SSI are pretty disabled. They’re on SSI for a reason. There are not many people cheating the system.”
A program running through Central City Concern called BEST – Benefits and Entitlements Specialists Team – exists to help those struggling with chronic mental disorders get SSI before lives of long-term homelessness and illness drags them under.
“We do see a lot of people who to apply because they can’t find work,” says Kascadare Causeya, BEST program manager. “We ask our agencies to screen them out. So many of our clients really need SSI. They’re not able to follow through with jobs.”
‘Made me lazy’
Amber Lapp, a 32-year-old living in East Portland with a diagnosis of bipolar disorder, tried for six years to get SSI benefits before she was granted disability status in 2008, qualifying for an income of about $670 a month – that’s about the maximum stipend collected by adults with mental illnesses in Oregon, with $515.77 as the average.
Lapp worked limited hours as a teacher’s aide at a Montessori school in Southeast Portland in 2007, but she says on-the-job challenges were devastating and aggravated her condition.
SSI’s criteria that recipients demonstrate an inability to work truly describes her, she believes.
“I don’t fit in very well,” she says. “If I’m in a situation where I’m expected to be consistent, I can’t do it. I’m also supersensitive. I can’t mend things with my co-workers. I can’t function when I’m misunderstood.”
Her mother, Carol Lapp, helped her through her first SSI application in 2002 and two re-applications. According to Carol, Amber is better off receiving income through SSI instead of getting rent money from the family.
“SSI makes her more confident,” Lapp says. “She was too comfortable with me giving her money.”
Lindsay Woods feels she doesn’t know how to make money. She was a cashier at Michael’s craft store in Northeast Portland for a year and half between 2001 and 2002. After she lost her job, she turned to SSI.
“I want to get undiagnosed,” Woods says. “But the economy being what it is right now and me having no education, I can’t get a good job. My mental illness – for the most part, it’s nothing I can’t really handle. The SSI money just made me lazy.”
By Alison Barnwell
The Portland Tribune
FEMA and the Vermont Center for Independent Living would appreciate your continued participation in the conference calls to discuss the impact of Tropical Storm Irene on individuals with disabilities and identified needs or concerns within the community.
The next two conference calls will be held on:
Friday, September 16th at 10am. The conference call number and pin include the following:
- Conference Call Number: 1-800-320-4330
- Conference PIN Number: 175651
Wednesday, September 21st at 10am. The conference call number and pin include the following:
- Conference Call Number: 1-800-320-4330
- Conference PIN Number: 175651
In order to ensure we have enough phone lines, please send your contact information (organization and e-mail) to kate.mccarthybarnett@dhs.gov. We will be setting up captioning for the call. Please send other requests for accommodations.
1. The general feeling at this point is that the Waterbury Complex will be shut down for at least 4-6 months due to contamination and the need for recovery, at the least. Significant amount of sewage waste (including oil) was contained in the water which flooded the complex. That and release of asbestos still present make for a toxic/hazardous environment. Indeed there is a possibility that the complex will be condemned and there will be the need for demolition and rebuilding, but THAT HAS NOT BEEN DETERMINED YET. Thorough cost-analyses and benefit/cost considerations, etc. must be undertaken before a decision is made.
2. Waterbury State Office Complex employees are being temporarily relocated for now; intermediate (i.e. 6 month) housing is being sought and decided upon. (It is possible that the temporary housing could be one and the same as the intermediate housing.)
For now:
a. VABIR offices in Williston: 1/3 of DVR staff: Diane, James, Hugh, Jan, Cecile, Jerry. DVHA offices on Hurricane Lane in Williston: Doug, Patrick, Susan Wehry, Bill Kelly (Business office director) and supporting staff.
b. Montpelier: Susan Seymour (for now); might be moved to the Barre VR offices
c. at DBVI offices: Fred Jones and Wendy
d. Karen Blake-Horne: Morrisville office
e. Trish Damery: 2 days a week from home; otherwise, Barre VR office
3. The AHS e-mail and Internet system has been incorporated into the State system (planned for some time, but sped up under circumstances). ALL e-mails will heretofore use the format: firstname.lastname.state.vt.us (e.g. Jerry.Wood@state.vt.us). The old format might redirect, but that is not certain. ALL E-MAILS SENT DURING THE OUTAGE MUST BE RE-SENT TO AHS STAFF (PREFERABLY, USING THE NEW FORMAT).
4. Routine business will be handled with minimum expected delays; however, it is possible that extensions and exceptions will be made under the circumstances. (For example, if signatory processes for grants and contracts are underway, but delayed, business will probably proceed as normal.)
5. All “snail” mail bound for Waterbury should be addressed as usual. The Middlesex postal station will re-route mail to the appropriate offices.
1. The general feeling at this point is that the Waterbury Complex will be shut down for at least 4-6 months due to contamination and the need for recovery, at the least. Significant amount of sewage waste (incl. oil) was contained in the water which flooded the complex. That and release of asbestos still present make for a toxic/hazardous environment. Indeed there is a possibility that the complex will be condemned and there will be the need for demolition and rebuilding, but THAT HAS NOT BEEN DETERMINED YET. Thorough cost-analyses and benefit/cost considerations, etc. must be undertaken before a decision is made.
2. Waterbury State Office Complex employees are being temporarily relocated for now; intermediate (i.e. 6 month) housing is being sought and decided upon. (It is possible that the temporary housing could be one and the same as the intermediate housing.)
For now: a. VABIR offices in Williston: 1/3 of DVR staff: Diane, James, Hugh, Jan, Cecile, Jerry.
DVHA offices on Hurricane Lane in Williston: Doug, Patrick, Susan Wehry, Bill Kelly (Business office
director) and supporting staff
b. Montpelier: Susan Seymour (for now); might be moved to the Barre VR office
c “ at DBVI offices: Fred Jones and Wendy
d. Karen Blake-Horne: Morrisville office
e. Trish Damery: 2 days a week from home; otherwise, Barre VR office
3. The AHS e-mail and Internet system has been incorporated into the State system (planned for some time, but sped up under circumstances). ALL e-mails will heretofore use the format: firstname.lastname.state.vt.us (e.g. Jerry.Wood@state.vt.us). The old format might redirect, but that is not certain. ALL E-MAILS SENT DURING THE OUTAGE MUST BE RE-SENT TO AHS STAFF (PREFERABLY, USING THE NEW FORMAT).
4. Routine business will be handled with minimum expected delays; however, it is possible that extensions and exceptions will be made under the circumstances. (For example, if signatory processes for grants and contracts are underway, but delayed, business will probably proceed as normal.)
5. All “snail” mail bound for Waterbury should be addressed as usual. The Middlesex postal station will re-route mail to the appropriate offices.
As all Vermonters have been affected by the devastating effects of Tropical Storm Irene,
the VT SILC reaches out to all of its citizens, particularly those dealing with disabilities.
The SILC, in partnership with VCIL, other disability organizations and Councils and our
Federal partners, is determined to assist in constructive and appropriate ways our
brothers and sisters in need. The SILC has been monitoring disaster relief efforts and has
been in touch with the FEMA disability coordinator for the New England region.
Specifically, the SILC is determined to discuss, once again, emergency preparedness
procedures for persons with disabilities with State and Federal officials in an effort to
fine-tune and improve circumstances for the disability community. The coordination of
evacuation efforts must and will be broached on a systems level as part of this ongoing
discussion. In addition, the SILC will take stock of individual emergency planning to
assist at the grass roots level.
We would also appreciate hearing from you, our peers. Please suggest stories of coping
with this recent disaster. We will be glad to post on our Website such relevant accounts
for the enlightenment of all of us. Only by knowing and publicizing how our friends fared
will we be able to improve conditions for all Vermonters.
As one who has seen firsthand the devastating effects of the flooding on people and
property – indeed one who needed to evacuate with emergency assistance and one
has been involved in disaster mitigation as Town Service Officer of Sunderland – I
well empathize with my brothers and sisters as I carry the weight of such first hand
knowledge. Join with the VT SILC, won’t you? Together, we will prove to others the
fortitude and the decency of all of Vermont’s citizens.
As Chair of the Advocacy, Outreach and Education Committee of the SRC, I thought it important that this message appear on the website of the SRC. It is an area of mutual interest and concern. This post might serve to stimulate discussion for those planning to attend the FEMA disability teleconference on Wednesday, Sept. 7th, at 10 AM.
Sam Liss
Chairperson, VT SILC
 Reuters |
Irene Brings Worst Flooding in Century to Vermont
ABC News The remnants of Hurricane Irene turned placid rivers and streams into raging torrents across parts of Vermont and upstate New York on Monday, closing hundreds of roads, destroying dozens of bridges and cutting off entire … Hurricane Irene’s trail of destructionThe Guardian Vt. officials reject criticism over evacuationsSan Jose Mercury News Vermont Confirms 2 Deaths Amid FloodingWall Street Journal Voice of America -NBC2 News -USA Today all 27,216 news articles » |
BUDGET Summary
VCDR members, other advocates, and many members of the disability community spent time at the statehouse testifying in the House and Senate Appropriation Committees, the Senate Health and Welfare Committee, and the House Human Services Committee on budgetary issues, telling their stories about the the impact of budget cuts on people’s lives in Vermont.
The Governor had proposed over $43.8 million in cuts to Human Service programs in his budget in January. Once again this year Human Services funding in Mental Health and Developmental Disabilities were targeted, and Choices for Care options were being threatened.
In the end, the legislature restored 50% of the proposed reduction to Developmentally Disability services and Mental Health services. They restored 60% of the proposed reduction to services for frail and elderly; instrumental activities of daily living and respite and companion services, and provided for carry forward funding (expected in savings) to fully fund these programs.
Overall the legislature scaled back the Human Services proposed cuts from $43.8 million to $38.7 adding back $5.1 million in state spending. That change will bring in $5.1 million in additional net federal funds. This is the fourth budget year in succession that Vermont has made significant cuts to Human Service programs.
Language in the Appropriation bill looks at the consequences of the budget reductions and directs the administration to minimize impact and search for cost saving measures in Choices for Care and other programs. (See selected budget numbers and language in report below)
Summary of Budget Actions from Joint Fiscal:
http://www.leg.state.vt.us/
Policy and Legislation Summary
VCDR was successful introducing, moving forward, or passing a number of pieces of legislation in our 2011 Platform, and weighing in on other bills of interest to the disability community by testifying in a number of legislative committees, speaking to the press, meeting with legislators, and working with the administration.
Other testimony and items of interest that VCDR members and other disability advocates spoke about during the session included the above legislation and “Adult Protective Services”, “Choices for Care”, “Children’s Integrated Services”, Education Policy, Autism, Health Care, Hearing Aids, Transportation, and other issues.
Organizations testifying included: Vermont Coalition for Disability Rights (VCDR), Vermont Center for Independent Living (VCIL), the Vermont Family Network (VTFN), Green Mountain Self Advocates (GMSA), Disability Rights Vermont (DRVT), the Vermont Developmental Disabilities Council (VDDC), Vermont Legal Aid (VLA), and the Brain Injury Association of Vermont, among others.
Disability Awareness Day
NEXT SESSION
There were few opportunities this legislative year to pursue any increases in funding, or new programs. Discussions about “What is working and what is not” were put on hold as the new administration got started, made personnel changes and presented a “balanced” budget that dealt with the budget gap with reductions and without raising significant revenues.
Many challenges lay ahead as the consequences of budget reductions take effect, healthcare reform progresses, and federal budget reductions are expected to widen the State’s budget deficit next year.
Below (in body of the report) is a summary of VCDR activities at the 2011 Vermont Legislature this session; the Budget and Policy interest that we followed on behalf of the disability community in Vermont.
Questions? Concerns? Please Contact:
VCDR President, Ed Paquin: ed@disabilityrightsvt.org
VCDR Legislative Advocate, Karen Lafayette: kmlafayette@aol.com
Please Let us know about Budget or Policy issues that arise during the “off” session.
The 2012 Budget Bill Act 63 (H.441)
Below is a summary of the Highlights of the FY 2012 Appropriations Bill (Budget) that passed this legislative session and links to budget documents.
Link to H.441 as passed:
http://www.leg.state.vt.us/
http://www.leg.state.vt.us/
Selected Budget Highlights:
Mental Health and Developmental Services -The Governor had proposed a 5% reduction in Mental Health and Developmental Disability Services. The 2012 Budget restores 50% of that funding.
Department of Aging and Independent (DAIL)
Developmental Services BUDGET
FY 2011 Department Budget: $148,619,145 (After BAA)
FY 2012 Governor’s Recommended Budget: $148,441.048
FY 2012 as passed: $152,288,227 (FY09-12 – 4.1% growth)
In the DAIL Developmental Services Budget – $8,799,317, (which includes $1.1 million in the FY 2011 Budget Adjustment, BAA) is in increases in general caseload, high school graduates, and Public Safety expected. The proposed reductions ($7,755,435) – less than level funding – would have required the department to “absorb” these increases)
Governor’s Proposed Reductions in Developmental Disability Services in FY 2012: ($7,694,358 GC)
Legislature Restored: $3,847,179 (50%) Final Cut: $3,847,179
Department of Mental Health (DMH) BUDGET
FY 2011 Department Budget:$133,998,246
FY 2012 Governor’s Recommended Budget: $129,332,385
FY 2012 as passed: $130,973,573 (FY09-12- 0.3% growth)
Governor’s Proposed Reduction in Mental Health (Designated Agencies): ($3,282,375 GC)
Legislature Restores: $1,641,118 (50%) Final Cut: $1,641,118
Language in the Budget that addresses the above reductions in Developmental Services:
Sec. E.333 Disabilities, Aging, and Independent Living – Developmental Services “Providers shall include developmental service program participants indecisions regarding changes in their service plans.”
Department of Health Access (DVHA) Long Term Care BUDGET-
FY 2011 DVHA Budget: $ 208,890,248 (Includes FY 2011 BAA)
FY 2012 Governor’s Recommended Budget: $202,742,736
FY 2012 as Passed: $205,491,171 (FY09-12 – 0.5 % growth)
(The above budget numbers includes other funding in addition to the Choices for Care managed in DAIL)
INSTRUMENTAL ACTIVITIES OF DAILY LIVING – RESPITE AND COMPANION SERVICES
It is expected that the Choices for Care program to have “carry forward” savings of up to 10 Million dollars and that a full restoration of these services will be possible and language in the appropriations bill allows for that restoration.
Governor’s Proposed Reduction (IADL) Respite: ($1,042,948- GF + $1,527,504 FF) (Would have reduced hours from 4.5 per week to 2hrs per week) Legislature Restored;
($1,112,496 GF + $1,432,012 FF) (Would have reduced respite & companion Services from 720 hrs. a year to 360 hours per year).
DAIL “Proposed” 2012 Budget:http://dail.vermont.gov/dail-
VT Digger Article about Choices for Care:
http://vtdigger.org/2011/04/
Department of Aging and Independent Living (DAIL) – Advocacy and Independent Living Grants
FY 2011 Department Actual Budget: $ 22,414,574
FY 2011 Department Base Appropriation: $22,233,616
FY 2012 Governor’s Proposed Budget: $20,183,729
FY 2012 Budget as passed: $20,538,891 (FY09-12 -1.9% Reduction)
IADL Attendant Care Services Program–Medicaid PDAC:
Legislature Restored: $165,162 Final Cut: ($165,162)
Non-Medicaid PDAC (Participant Directed Attendant Care)
Although this list of applicant is considered frozen there are 4 additional slots in the base funding appropriated and 2 additional slots for “new” applicants for these personal assistance needs..
The Legislature added 2 new slots to the 4 slots (Total 6 new slots) available in the base funding: $40,000 additional General state funds.
This represents a 6% increase in FY12. (This amount of added slots is “expected” to cover the need)
Area Agencies on Aging – Triple “A”s
Funds are used by the AAAs to support a variety of services including case management, information/referral/
Governor’s proposed Cut: ($200,000 GF) Final Cut: $150,000
Legislature restored: $50,000 for nutrition/meals.
Autism Insurance Language
Article about Autism “Mandate” in Vermont Digger:
http://vtdigger.org/2011/05/
Children’s Palliative and Curative Care
The Department of Vermont Health Access (DVHA) will apply to the federal Centers for Medicare and Medicaid Services (CMS) for a waiver that would allow Vermont Medicaid programs to provide concurrent palliative and curative care. The DVHA proposal goes further than the federal reform. Under this proposal, children with life limiting illnesses who are not expected to live until adulthood could receive palliative care without stopping curative Medicaid services.
Student Assistant Professionals in Health Drug Abuse programs
The Administration had recommended total elimination of SAPs: ($1,276,578 -GF) Final Reduction ($638,289)
Final – The Legislature restored 50% of SAPs: $638,289
Adult Day
Redirects allocated funding in Choice for Care in DVHA $100,000 that the adult days could not utilize, to the Department of Advocacy and Independent Living where it can be accessed by the Adult Days providers.
Catamount Health
The budget bill reduces reimbursement to providers by 9%, in order to save ($5 million) dollars for the Catamount Health Program.
Sec. E.300 Agency of human services – secretary’s office
The secretary of human services and the commissioner of disabilities, aging, and independent living are authorized to set the level for IADLs and respite/companion services within the Choices for Care program that is consistent both with the funding provided in this act and with what the commissioner determines will to the greatest extent possible minimize individuals from moving from his or her home to a nursing home, including the utilization of variances where the commissioner determines appropriate.
Prior to reducing the level for these services from the current baseline, the secretary and the commissioner shall review actual fiscal year 2011 Choices for Care expenditures to determine if fiscal year 2012 funding in context with actual expenditure experience of fiscal year 2011 would require a reduction in the baseline. The secretary and the commissioner shall provide a report to the joint fiscal committee in July 2011 on the fiscal year 2012 levels for IADLs and respite/companion services as well as total actual expenditures of the Choices for Care waiver for fiscal year 2011. To the extent that fiscal year 2011 carry forward resources in the Choices for Care waiver are available to meet the determined IADL and respite needs in fiscal year 2012, the commissioner of finance and management after consultation with the secretary and commissioner of disabilities, aging, and independent living is authorized to transfer up to $1,340,000 of fiscal year 2012 state funds appropriated for the waiver to the human services caseload reserve.
The secretary and the commissioner of disabilities, aging, and independent living shall provide a report to the joint fiscal committee in November 2011 on the status of the federal Money Follows the Person grant and how any state savings resulting from the grant will be used to strengthen the home and community-based services that allow eligible Vermonters to remain in their homes as well as the financial impact the grant may have on Vermont nursing homes.
(b) The secretary of human services, the commissioner of disabilities, aging, and independent living, the commissioner of mental health, and the designated providers of mental health and developmental disability services shall continue to work in partnership to ensure that to the greatest extent possible any negative impact to consumers of these services as a result of the
funding levels provided for in this act is minimized. The secretary is encouraged to seek changes to the current regulatory or statutory provisions regarding these services if such changes result in a more cost-effective provision of high-quality services for Vermonters.
(c) The commissioner of disabilities, aging, and independent living shall report to the house and senate committees on appropriations, the house committee on human services, and the senate committee on health and welfare by January 15, 2012 with recommendations regarding the scope of providers that the department may contract with to provide services under the Choices for Care program. The recommendations shall be made in consultation with home health agencies and other partner organizations and shall consider, among other things: the relative impacts on provider cost structure of state assessments and requirements; whether a lack of access by patients to the services justifies expanding the scope of providers; whether contracting with additional providers will affect the ability of patients to access Choices for Care services; and whether Choices for Care services should be removed from being considered “designated” services.
(d) The secretary in consultation with the department of health access and the department of health shall report to the joint fiscal committee in September2011 on the existing programs and scope of services including case management services available to pregnant women identified as high-risk. This shall include the resources available within state funded programs as well as other programs serving this population. The secretary shall include recommendations in the report for steps that may be taken to better coordinate services and reduce the potential for negative outcomes and higher costs related to these cases. The secretary is authorized to implement these recommendations provided they will result in more cost-effective service and are net budget neutral.
Purpose of language from the Joint Fiscal Office:
The intent of this language is to prevent that needed services are not reduced if FY11 actual expenditures are below budget in total for the Choices for Care program. Currently the budget tracking indicates expenditures are below target, likely freeing up resources that will be available in FY12 to maintain needed services. At the same time, the language allows flexibility so that the right level of services can be allocated based on individual case assessments. The language also requires a report on the status of a new federal grant that is anticipated to result in savings that can be redirected within the program.
Respectful Language Act 24 (S.90) – VCDR Platform
The “Respectful Language” bill was signed into law by the Governor at a ceremony on May 11th of this year. The bill creates a working “study” group to identify words that should not be used in Vermont statutes and regulations, and suggest words that reflect a positive view of people with disabilities. The committee membership includes members from the Vermont Coalition for Disability Rights, Green Mountain Self-Advocates, the Vermont Center for Independent Living, Vermont Psychiatric Survivors and others. The report is due to go to the legislature by November 1st. GMSA took the lead on testifying and promoting this legislation.
Vermont Digger Article:
http://vtdigger.org/2011/05/
WPTZ (Channel 5) coverage with Video of signing of the “Respectful Language” bill on May 11th:
http://www.wptz.com/news/
Vermont Public Radio Coverage of Respectful Language:
http://www.vpr.net/news_
Non-Driver ID notification in Act 46 (S.94) Miscellaneous amendments to the Motor Vehicles – VCDR Support
This bill contains the House amendment to instruct motor vehicles to send out first class mail notices 30 days in advance for non-driver ID renewals Section 18 of the bill.
S.94 as Passed:
http://www.leg.state.vt.us/
Student Athletes and Concussions Bill – VCDR Platform
H.46 as introduced passed the House but not the Senate and was added to S.100 with changes in conference.
S.100 is an act relating to making miscellaneous amendments to education laws – Act 58
This legislation includes language changes to the state’s Special Education Advisory Council. The H.46 amendment to the education bill puts in place some safety precautions for schools when there is concerns about youth athlete suffering or suspected to be suffering from a concussion or other head injury. The bill prohibits a coach from allowing a student that was removed from a sports activity because of a concussion from being able to participate again until he or she has been examined by a health profession and receives written permission. It includes development of guidelines and training requirements.
Act 58 (S100) as passed – H.46 on page 42 of the bill:
http://www.leg.state.vt.us/
H.46 as passed by House:
http://www.leg.state.vt.us/
Palliative Care – Act 60 (H.201) An act relating to hospice and palliative care – VCDR Platform
The palliative care legislation was signed into law on June 1, 2011 by the governor in a ceremony at the Vermont Statehouse. The law was initially based on the recommendations from the Palliative Care and Pain Management Task Force which was formed from Act 50, or the 2009 Palliative Care Bill. The Vermont Center for Independent Living is a member of that task force.
The legislation focuses on further provisions for palliative care, pain management and end of life care. It addresses expanded hospice, insurance coverage, application to Choices for Care, Do Not Resuscitate orders (DNR), license renewal and medical education.
Challenges for Change Outcomes Act 2 (H.1) – VCDR Platform
This bill is a restatement of outcomes for individuals with disabilities, mental health needs or substance abuse, addresses in last year’s Challenges for Change legislation
Transporting Patients with Mental Illness Act 19 (H.427) – VCDR Support
An act relating to extending the state’s reporting concerning
transportation of children in state custody and transportation of
individuals in the custody of the commissioner of mental health.
This bill extends the deadline to collect the data about the transportation of individuals with mental health concerns.
As Passed: http://www.leg.state.vt.us/
Complete Streets Act 34 (H.198) An act relating to a transportation policy that considers all users – VCDR Support
The purpose of this bill is to ensure that the needs of all users of Vermont’s transportation system—including motorists, bicyclists, public transportation users, and pedestrians of all ages and abilities—are considered in all state and municipally managed transportation projects and project phases, including planning, development, construction, and maintenance, except in the case of projects or project components involving unpaved highways.
H.198 as Passed:
http://www.leg.state.vt.us/
Health Care Professional Regulation (Hearing Aid Dispensaries) Act 66 (H.420) An act relating to the office of professional regulation – VCDR Support
Section 10a of this legislation amends the profession regulation law and puts a member of the public who is individual with significant hearing impairment and who uses a hearing aid regularly, to sit on the advisory panel for hearing dispensaries.
As Passed: http://www.leg.state.vt.us/
Transportation Bill – Change in Disability Parking Act 62 (H.443) VCDR Oppose
Parking language on pages 43 and 43:
http://www.leg.state.vt.us/
Universal and Unified Health System – Act 48 (H.202)
VCDR Support – Monitor
This bill sets up the process to ensure universal access to and coverage to all Vermonters. It is the intent of the general assembly to create Green Mountain Care to contain costs and to provide, as a public good, comprehensive, affordable, high-quality, publicly financed health care coverage for all Vermont residents in a seamless manner regardless of income, assets, health status, or availability of other health coverage. It is the intent of the general assembly to achieve health care reform through the coordinated efforts of an independent board, state government, and the citizens of Vermont, with input from health care professionals, businesses, and members of the public.
H.202 as passed:
http://www.leg.state.vt.us/
PASSED HOUSE – PENDING IN THE SENATE
H.290 Adult Protective Services – VCDR Support
This bill proposes to require the secretary of human services to adopt rules governing the implementation of the statutory
responsibilities of the department of disabilities, aging, and independent living, division of licensing and protection, with respect to adult protective services.
As Passed by the House:
http://www.leg.state.vt.us/
T0 be implemented by the department of interest.
This bill proposes to promote work incentives and increase the stability of health coverage for individuals receiving Medicaid for Working Persons with Disabilities and to make it easier for these individuals and eligible spouses to receive additional services
The MWPD bills were introduced in the House and the Senate late in the session due to a lost drafting request. VCDR worked with SILC members of the administration and legislators to accomplish some of
the legislation goals through the summer and fall and proceed with subsequent legislation if necessary next year.
The Administration has agreed to proceed with plans to implement some sections of the legislation as introduced. “Point people” have been assigned within DVHA, DCF and DAIL to deal with the various aspects of MWPD changes entailed in the legislation. A grant request has been completed, asking for funds to hire a subcontractor to do the cost analyses and write the Medicaid Waiver requests entailed in the legislation.
In addition, the prospective grant would also entail exploration of work incentive aspects within the Affordable Health Care Act, dual eligible waiver and other.
http://www.leg.state.vt.us/
VCDR Platform
This bill proposed to promote positive behavioral intervention and supports in schools, reduce the use of physical restraint, and prohibit the use of mechanical, chemical, and prone physical restraint and seclusion as methods of addressing challenging student behavior.
Testimony was taken last year in House Education and the Chair of the committee urged the Department of Education and Advocates to pursue adoption of rules. Legislation was introduced again this year while rules were still being proposed.
RULES Adopted:
The “new” RULES have now been adopted by the Department of Education and will be in effect in August of this Year. VCDR and other advocates have worked on this issue and have introduced legislation over the years to achieve the desired policy in schools throughout the state.
VCDR supports a many of the new rules as an improvement from the current lack of consistent policies throughout the state and specific interventions cited. The rules however still allow for the continued use of harmful restraints in certain situations that VCDR would prefer be prohibited.
Link to RULE on Restrictive Behavior:
http://education.vermont.gov/
Seven Days VT about Restrictive Behavior – VT Schools:
H.308 PKU – Insurance coverage from Medically necessary supplements- VCDR Platform
This bill proposes to require health insurance coverage for medically necessary supplements and modified foods for individuals with the metabolic disorder phenylketonuria.
H.308 as introduced:
http://www.leg.state.vt.us/
H. 235 Van Modification - Grants to make Vehicles Wheelchair Accessible – VCDR Platform
This bill proposes to authorize the commissioner of disabilities, aging, and independent living to award grants to persons with disabilities for the purpose of providing financial assistance for expenses related to making a motor vehicle wheelchair-accessible.
H.235 as Introduced:
http://www.leg.state.vt.us/
H.205 Transportation of patients with Mental Health Issues – VCDR Platform
Subject: Health care; mental health; transportation; restraints
Statement of purpose: This bill proposes to provide additional protections for psychiatric patients requiring transportation with physical restraints
H.205 as Introduced
http://www.leg.state.vt.us/
H.274 Physician Assisted Suicide legislation NOT Passed
Patient Choices – End of Life Control – VCDR Oppose
This bill proposes to allow, subject to appropriate safeguards, a mentally competent person diagnosed as having less than six months to live to request a prescription which, if taken, would hasten the dying process.
H.274 as Introduced:http://www.leg.state.vt.us/
Excerpt from Mary Claire Carroll:
The legislation would allow a patient with capacity who has been determined by the attendingphysician and consulting physician to be suffering from a terminal condition and who has voluntarily expressed a wish to hasten the dying process mayrequest medication to be self-administered for the purpose of hastening his orher death in accordance with this chapter.
During the session Patient Choices Vermont held a press conference, and during March VCIL responded to the press conference with interviews on at least 5 or more news outlets. Patient Choices also held forums throughout the state on the issue of what they called death with dignity. Several organizations, including the Human Rights Commission held debates on the issue. Newspapers were full of editorials and letters both pro and con. VCIL is taking the lead on the issue and VCDR advocates are following the issue, speaking with legislators, commenting to the press and issuing information.
Interview with Ed Paquin in the St. Albans Messenger on Physician Assisted Suicide:
http://www.samessenger.com/
S.88 Involuntary Medication – VCDR OPPOSES – NOT Passed
This bill proposes to make hearings for involuntary hospitalization and medication concurrent, broaden who can petition for involuntary medication, and ensure involuntary medication can occur at hospitals other than the Vermont State Hospital.
S.88 as Introduced:
http://www.leg.state.vt.us/
VCDR, Vermont Legal Aid and other advocates testified against this bill in Senate Health and Welfare introduced again this year
Taping testimony in Senate Health and Welfare:
Under the Dome: The Capitol Beat – Senate Health & Welfare on S.88 – Involuntary Medicines (via CCTV):
http://www.cctv.org/watch-tv/
Vermont Legal Aid, the Community of Vermont Elders, and Disability Rights Vermont reached an agreement with the Department of Disabilities, Aging, and Independent Living whereby DAIL will address the substantial backlog in investigations regarding the abuse, neglect and exploitation of seniors and other vulnerable adults by Adult Protective Services. The signed Corrective Action Plan is available for download.
Seven Days VT Article:
VT Digger Article:
http://vtdigger.org/2011/06/02/state-agrees-to-fast-track-investigations-of-elder-abuse/
FOR IMMEDIATE RELEASE: June 1, 2011
Contact: Barbara Prine, Vermont Legal Aid, 802-863-5620;bprine@vtlegalaid.org
Ed Paquin, Disability Rights Vermont, 802-229-1355,ed@disabilityrightsvt.org
State of Vermont Agrees to Resolve Backlog in Investigations
Involving Abuse of Seniors and Vulnerable Adults
(Burlington) – Vermont Legal Aid, the Community of Vermont Elders, and Disability Rights Vermont hailed an agreement reached yesterday with the Department of Disabilities, Aging, and Independent Living to address the substantial backlog in investigations regarding the abuse, neglect and exploitation of seniors and other vulnerable adults by Adult Protective Services. When this issue came to light in December 2010, up to 300 cases of abuse were pending initial assignment to an investigator. Limited staffing as a result of budget cuts had exacerbated long standing problems at APS, leading to a crisis and a breakdown of the system intended to protect Vermont’s most vulnerable residents. Abusive situations were left uninvestigated for months.
Concerned advocacy organizations and individuals representing seniors and disabled adults joined together and threatened to sue the Department for failing to comply with the state law that requires investigations to be started within 48 hours. “We were appalled to learn that complaints about abused or neglected seniors were not treated as emergencies that triggered immediate investigations, but instead were put on a backburner for months,” said Marjorie Power, long time member of the Older Women’s League and COVE.
“Once we learned about the backlog, we had to act,” said lead attorney Barbara Prine from the Disability Law Project at Vermont Legal Aid, “and we are pleased the Department agreed with us that the situation required immediate corrective action”. The Corrective Action Plan was the result of months of negotiation and meetings, and the Department has already taken significant steps to clear the backlog and comply with the law. “The Department, and Commissioner Susan Wehry in particular, deserve credit for immediately recognizing the scope of the problem and working with us to develop a plan to correct it” said attorney Prine.
Highlights of the plan include:
· Hiring additional temporary and permanent investigatory staff
· Clearing the backlog in complaints by October 1, 2011
· Developing a prioritization system to ensure prompt response to emergency cases
· Responding to all calls within 48 hours with an initial interview as required by law
· Developing training materials and a protocol manual for staff with input from advocates
· Monitoring of cases by VLA and DRVT to ensure proper handling
· Establishing an Advisory Committee to work toward further substantial improvements
“When people are in vulnerable situations and need help, the last message the state should be sending is there is you have to wait for help. I am encouraged by the administration’s step in a positive direction,” said Sarah Launderville, Executive Director of Vermont Center for Independent Living. “The Department was failing to carry out its responsibility to protect vulnerable adults from abuse, neglect, and exploitation” said Disability Rights Vermont attorney, A.J. Ruben. The corrective action plan provides a roadmap for the Department to achieve compliance with the law. “We are hopeful that we will see significant improvement over the next several months as a result of this agreement,” he said.
Issues with Adult Protective Services in Vermont have been longstanding, and advocates had been raising issues with APS for several years without meaningful response.
The backlog in investigations precipitated the immediate crisis, but the corrective action plan also addresses broader issues regarding APS overall function and responsibility. “For the first time in years, the Department is willing to work with us to develop protocols to provide a credible and robust response to the abuse of seniors and other vulnerable adults,” said Michael Benvenuto, Senior Citizens Law Project director, Vermont Legal Aid, Inc. “No frail elder or other vulnerable adult should ever have to endure abuse. That up to 300 cases were languishing uninvestigated is unconscionable – and it was illegal. We appreciate the Department’s efforts to date, and look forward to working with them as they bring Adult Protective Services to a well-functioning program that protects people immediately,” said Gini Milkey, Executive Director of the Community of Vermont Elders.