SILC Post-Legislative Update

Issue 3, April, 2000

The session has finally ended, and with it came a mix of success and defeat for people with disabilities.  There were two bills sponsored by the SILC:  Senate Bill 1526, below, and House Bill 611, the Building Code Advisory Act. We were disappointed to see the child custody legislation defeated in the House Health & Welfare Committee after passing unanimously on the Senate floor. Conversely, we were pleased to see the building code pass, and it now awaits the Governor's signature.

Thanks to all of you who responded to these updates by contacting your representatives to voice your opinions.

Kelly Buckland, Executive Director

SB 1526: CHILD CUSTODY LEGISLATION

The SILC formed the Committee for Fathers and Mothers Independently Living with their Youth (FAMILY) to (1) remove from current law any inappropriate disability language, (2) build into current law protections against discriminatory actions because of a parent’s disability in child custody legal proceedings, and (3) create a support fund that will pay for the necessary services to support parents with disabilities. Idaho child custody laws, as currently written, reflect the historical bias against parents with disabilities and present an unrealistic view of the disability community. Laws repeatedly reference having a disability as a factor in the ability of parents to effectively raise their children, implying that parents with disabilities are incapable of properly caring for their children. This legislation would revise current laws pertaining to divorce, child protection, termination of parental rights, adoption, and child/parent relationships. Language which is biased against parents with disabilities would be removed, and replaced with language to protect parents with disabilities from discrimination.

SB 1313: EXPANDING SENIOR SERVICES

SB 1313 will allow state funds for the senior services program to be used for transportation, meals, in-home services or adult day care. Currently, any new state funds can only be used for in-home services.

OUTCOME—SIGNED INTO LAW

SB 1341: DISABLED PARKING LIMITATION

This bill provides authority for cities to impose specific limits on cars with disabled plates and placards in areas where parking is prohibited for periods in excess of 48 hours, in order to allow snow removal, street construction, maintenance, or for other emergency situations. It does not limit use of disabled parking spaces for unlimited periods of time.

SB 1357: GUARDIANSHIP – APPOINTMENT AUTHORITY

SB 1357 changes the order of priority for appointment as guardian, allowing for the preference of the person affected. The court shall always consider the wishes expressed by a person who has been found by the court to be incapacitated as to who will be appointed guardian.

SB 1358: GUARDIANSHIP, INCAPACITATED PERSONS

This legislation redefines disability by identifying functional limitations that a person has, instead of using labels (such as mental illness, mental deficiency, physical illness or disability, or chronic intoxication) to determine whether a guardian is necessary for the person.

OUTCOME—SIGNED INTO LAW

 SB 1365A: ASSISTED LIVING FACILITIES

The amended version of this legislation will modify several provisions of law to allow for more home- and community-based service options under the Medicaid program for the elderly and persons with disabilities. Specifically, it changes the personal care section in Idaho Code to the personal assistance program. "Attendant care" is added and people are given more choice and control over the services they receive. Fiscal intermediary organizations are established and the certified nurses aid requirement is removed. It updates the language to reflect "certified family homes" rather than "adult foster care" and changes "residential care facility" to "residential or assisted living facility." A waiver is allowed for certified family homes to accept people needing nursing home level care under certain conditions. Despite concerns by disability advocates, this bill was amended in the House to incorporate the provisions of HB 574, which increased the number of people who can be served in a certified family home from two to four.

OUTCOME—PASSED SENATE & HOUSE, TO GOVERNOR

SB 1367: ACCESSIBLE PARKING

The purpose of this bill is to increase availability of designated accessible parking places for those who are qualified to use them. Parking privileges for people with disabilities will only apply if a disabled person exits or enters the vehicle, even though a special plate or placard is displayed on the vehicle. The penalty for unauthorized use of special plates or placards will also increase.

OUTCOME—FAILED IN HOUSE TRANSPORTATION COMMITTEE

SB 1412A: MENTAL HEALTH PARITY

Added to existing law to provide that state employees with serious mental illnesses must not be discriminated against in group disability insurance benefits or group health care service coverage; to define "serious mental illness"; to provide requirements for coverage of serious mental illness; and to provide for a report to the Legislature of additional costs incurred to provide the coverage.  An effective date of July 1, 2001 and a sunset date of July 1, 2005 were added in the amendment.

 SB 1456A: UNRULY PUPILS

 The purpose of this legislation is to provide a tool for education employees to carry out their duties and provide a safe, barrier- free environment that is conducive to learning for students. This legislation requires local school boards to establish procedures for certificated and noncertificated personnel involved in the supervision of students to temporarily and immediately remove unruly students from the classroom. It further requires the procedure to conform to the minimal requirements of due process and federal law. Although the bill requires the State Department of Education to comply with the Individuals with Disabilities Education Act (IDEA), the SILC is concerned that children with behavioral disabilities or special needs will be labeled as ‘unruly’ with such a broad definition and thus removed from the classroom setting.

OUTCOME—FAILED IN HOUSE EDUCATION COMMITTEE

SB 1501a: PUBLIC TRANSPORTATION POLICY

Amends existing law to revise public transportation policy; to redefine the role of the Idaho Transportation Department; to revise membership of the advisory council; to delete the regional advisory committees; and to revise membership and procedures of the interagency working group.

OUTCOME—PASSED SENATE & HOUSE, TO GOVERNOR

 SB 1528: GENETIC TESTING

Adds to existing law to prohibit discrimination on the basis of genetic testing for health insurance, life insurance or employment purposes.

OUTCOME—PULLED FOR THE SESSION

SB 1530: MEDICAID TRANSPORTATION REIMBURSEMENTS

The purpose of this bill is to reduce the actual and potential excessive reimbursements to non-commercial providers who transport groups of five (5) Medicaid clients or more to receive regular non-emergency medical services. Under the current rules, providers are reimbursed for each client in the vehicle, which allows claims per mile to exceed $3.70. This law will limit the per mile reimbursement to no more than five (5) units, which would currently reimburse providers not more than $1.10 per mile, and give the Department of Health and Welfare the authority to immediately reduce ‘excessive’ reimbursements. The SILC believes that this legislation will have the effect of denying people with disabilities access to transportation, particularly in rural areas.

OUTCOME—PASSED SENATE & HOUSE, TO GOVERNOR

HCR 38A: STUDY DISABLED UNEMPLOYMENT RATE

This amended House Concurrent Resolution would have authorized the Legislative Council to appoint a committee to undertake and complete a study of the excessive unemployment rate in Idaho among people with disabilities and come back to the Legislature next year with recommendations for changes to state and federal programs.  The Legislature only funds a limited number of interim committees each year, and decided not to fund this interim committee.

OUTCOME—FAILED IN SENATE STATE AFFAIRS COMMITTEE

HCR 55: NEW CONSTRUCTION AT ISSH

An interim legislative panel has been reviewing a request by the Department of Health and Welfare to build an 80-bed, $13.5 million facility at the Idaho State School and Hospital (ISSH). The SILC and other disability advocates would like to see the development of more home- and community-based programs rather than build long-term residential care facilities. A compromise proposal plan to build a 40-bed, $6.5 million residence center was rejected by the committee, but a new resolution to fund a 60-bed high-intensity facility for $8,325,000 was approved.

OUTCOME—ADOPTED

HB 407: VULNERABLE ADULTS

Amends and adds to existing law to provide a limited exemption for the reporting of resident-to-resident contact arising in public or private health facilities or state licensed or certified facilities; and to provide agency discretion in decisions related to interviewing vulnerable adults. The reporting of sexual abuse or contact that jeopardizes the life, health and safety of a vulnerable adult is still required. Professional discretion will be allowed only in instances that do not result in observable physical or mental injury.

OUTCOME—SIGNED INTO LAW

HB 562: SALES TAX EXEMPTION FOR YOUTH DIABETES

This bill adds the Idaho Diabetes Youth Programs to the health- related entities to be exempt from sales and use taxes.

OUTCOME—PASSED HOUSE & SENATE, TO GOVERNOR

HB 573: MEDICAL ASSISTANCE

This bill amends existing law relating to medical indigency to impose a state residency requirement of thirty days rather than county residency; to clarify requirements for approval of a uniform application for county medical assistance; and to require medical providers to reimburse a county when payments are received from other resources.

OUTCOME—PASSED HOUSE & SENATE, TO GOVERNOR

HB 574: ADULT FOSTER CARE

This bill authorizes the Department of Health and Welfare to allow an increase, from two to four, in the number of persons who may be cared for in an owner-occupied home providing adult foster care.  Despite concerns expressed by disability advocated, SB 1365 was amended in the House to incorporate this increase in the number of people cared for in certified family homes.

OUTCOME—FAILED IN SENATE HEALTH & WELFARE COMMITTEE

 HB 577: DIABETIC SCHOOL BUS DRIVER

 This act provides that an insulin-dependent person shall not automatically be
denied a school bus driving permit. The bill allows the Board of Trustees to consider on a case-by-case basis whether or not a license may be granted based on a medical qualification.

OUTCOME—PASSED HOUSE & SENATE, TO GOVERNOR

HB 579aaS: HOSPITALIZATION, MENTAL ILLNESS

This bill amends existing law to require that the state shall assume the responsibility for costs of treatment of a mentally ill individual beginning with the day after the person has been committed into custody. The purpose of this bill is to require the state of Idaho Department of Health and Welfare to assume its responsibility once an individual is involuntarily committed to the state. Under current law, once an individual is committed to the state they must be transported to and accepted into the state facility before the state will begin to pay.

OUTCOME—SIGNED INTO LAW

HB 603: HEALTH & WELFARE RECORDS DISCLOSURE

This legislation will amend existing law to further clarify when records of the Department of Health and Welfare concerning the investigation of a complaint against a licensed nursing facility shall be subject to disclosure.

HB 611: BUILDING CODE ADVISORY ACT

Currently, because Idaho has no consistent statewide accessibility standards for buildings covered under the ADA and Fair Housing Act, most construction review takes place only when accessibility questions are raised or violations have already occurred.

The Idaho Task Force on the Americans with Disabilities Act and the Idaho State Independent Living Council organized an unprecedented grassroots coalition to undertake the task of developing consistent statewide accessibility standards for buildings covered under the Americans with Disabilities Act (ADA) and Fair Housing Act.

This legislation will incorporate the accessibility standards of the ADA and the Fair Housing Act and provide for systematic review regarding accessibility of both new and alteration construction projects while projects are still in the approval stage.

HB 697: TAX CREDIT SPECIAL OLYMPICS

This bill provides an income tax credit to individuals who donate to the Idaho Special Olympics.

OUTCOME—FAILED IN HOUSE REVENUE & TAXATION COMMITTEE

RS 1013: TELECOMMUNICATIONS RELAY ACT

This legislation directs the Public Utilities Commission to work with disability groups to plan, establish, and promote a program to secure, finance, and distribute specialized equipment for people with hearing, speech or mobility impairments. It would allow funds in the telecommunications relay services (TRS) fund to be used for specialized telecommunications equipment in a customer’s home if the person is certifiably in need of such service and meets the income guidelines.

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