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Legislative Update, Issue #3, April 2005 Table of Contents Dear Friends of Independent Living, We are pleased to declare the 2005 Legislative Session officially closed! We are more pleased to share that this session brought many important victories, as you will read in the review section of this update. On behalf of the members, consumers, partners, and staff of the State Independent Living Council thank you for doing your part to engage in the legislative process. We deeply appreciate the emails, phone calls, and testimonies that streamed in to the legislators. Your voice made a difference! Thank you also to Governor Kempthorne, and Idaho’s Senators and Representatives who supported SILC priorities. Their support makes Idaho a great place for all Idahoans to live and work! In our last Legislative Update for 2005, Issue 3, you will find final decisions on important legislation as well as a walk through how a bill becomes a law, a user friendly guide to contacting your legislators, tips for engaging in the legislative process, and a Legislators Scorecard. These tools will help as you prepare yourself for the 2006 session. Rest now, but know that there will be plenty of work to do next year! Remember, change will come only if you are aware and informed. Share your opinion with your community. Contact your legislators. Talk about these important issues with family, friends, co-workers, and neighbors. Ask them to take action too! "Vision without action is merely a dream. Action without vision just passes the time. Vision with action can change the world," Joel Barker. With your help, we are changing the world! In the interest of people with disabilities, Kelly Buckland Roger Howard Executive Director SILC Chair ALTERNATIVE FORMATS ARE AVAILABLE BY REQUEST. Large Print is available only in Microsoft Word format. Please call 1-800-487-4866 or 208.334.3800 for more information. HB 88 Financial Fraud Prevention Act POSITION: SUPPORT STATUS: Law This legislation would authorize the Department of Finance to investigate and bring civil enforcement actions against persons who perpetrate fraud against financial institutions, including non-depository institutions, and their customers. This legislation would also extend to the Idaho Continuing-Care Disclosure Act and provide comprehensive financial protections for continuing care facility residents and their families.
HB 93 Offenders, Mental Health Records POSITION: OPPOSE STATUS: Failed The purpose of the proposed legislation is (1) To ensure continuity of treatment for offenders who require mental health treatment,
both during and after the time they are in the criminal justice system, and (2) To reduce recidivism among such offenders.
As currently written this legislation would make anyone’s mental health records available without their consent.
HB 131 Guardian Pilot Project Fee POSITION: SUPPORT STATUS: Law This legislation would establish a pilot project to include at least three counties to help design and improve the reporting and monitoring system for Guardianships and Conservatorships. It is designed to protect persons and their assets where a guardian or conservator has been appointed.
STATUS: Failed This legislation would amend existing law to prohibit Medicaid from covering the costs of physician and hospital services for lung,
pancreas or other organ transplants that are considered experimental procedures. It would also prohibit Medicaid coverage of
treatments and procedures used to gain further evidence or knowledge or to test the usefulness of a drug or type of therapy not
covered for payment by the medical assistance program.
HB 190 Medicaid, Reimbursement Rates POSITION: SUPPORT STATUS: Law The purpose of this legislation is to direct the Department of Health and Welfare to implement a methodology for reviewing and discussing Medicaid reimbursement rates for private businesses providing services.
HB 202 Students/Disruption of the Education Process POSITION: OPPOSE STATUS: Failed This legislation would allow students who are disruptive to the educational process or whose presence is detrimental to the morals,
health, safety, academic learning or discipline of the other pupils, or who loiters in schoolhouses or on school grounds to be charged
with a misdemeanor. We are opposed to this legislation because of the potential impact on students with disabilities.
HB 247 Speech/Hearing Service Act POSITION: SUPPORT STATUS: Law This legislation sets forth the licensing requirements, defines terms and practice, and establishes the
Speech and Hearing Services Licensure Board. It would serve to improve the quality of speech and hearing services.
HB 249 Discrimination-Persons with Disabilities POSITION: SUPPORT STATUS: Law This legislation would strengthen the Human Rights Act by adding disability to the current prohibitions of discrimination in connection with private businesses. This bill will provide a user-friendly one-stop destination for businesses and people with disabilities to easily access mediation and/or enforcement on a local level, rather than having to take their issues through the time consuming and intimidating federal court system.
HB 265 Residential and Assisted-Living Facilities POSITION: SUPPORT STATUS: Law The proposed changes will combine current statutory requirements, existing in multiple chapters, into two respective chapters.
These changes will stream line the licensure/certification, survey, and oversight processes, eliminate duplicative/confusing guidance,
de-mystify program requirements, and help provide for better outcomes for residents requiring assisted living.
HB 268 Mentally Ill POSITION: OPPOSE STATUS: Failed The language of this legislation could be interpreted to allow for law enforcement officials to detain persons with mental illness, who are awaiting civil commitment hearings, in a hospital without actually admitting them to a hospital thus the person would not be under a doctor’s care.
HB 286 Health Insurance/Mental Health Parity POSITION: SUPPORT STATUS: Failed This legislation proposes to create a pilot program to allow the state to establish the real costs and benefits of including mental health
coverage in group health insurance coverage. The anticipated results of the pilot program would be a strengthening of insurance coverage
for mental illness.
HB 301 Mental Health Courts POSITION: SUPPORT STATUS: Law This bill would provide a statutory framework for mental health courts, much in the same way that the Idaho Drug Court Act
provided such a framework for drug courts when it was adopted in 2001.
HB 347
Appropriations-Commission for the Blind and Visually Impaired
STATUS: Law This is the FY 2006 Appropriation for the Commission for the Blind and Visually Impaired within the Executive Office of the
Governor in the amount of $3,700,800, which amounts to a 1.1% increase.
HB 385 Appropriations-Dept H&W – Medicaid POSITION: SUPPORT STATUS: Law This is the appropriation to the Department of Health and Welfare for the Medical Assistance Services Program (Medicaid) for fiscal year 2006 in the amount of $1,188,164,400, which amounts to a 13% increase.
HCR 12 Self Determination Waiver Resolution POSITION: SUPPORT STATUS: Adopted This legislation would serve to amend the existing Medicaid home and community based waiver program to grant 200 qualified individuals with developmental disabilities the option of receiving services using a self-directed plan. This important legislation puts decision-making power in the hands of the consumer, where it should be. The costs for the development of this waiver are being borne be a federal Independence Plus grant with matching funds from the Idaho Council on Developmental Disabilities (DD Council). The cost for actual waiver services under this new option can be no more than those under the existing Medicaid waiver, and will be paid by Medicaid.
HCR 17 Teen Suicide Prevention/Teacher Education POSITION: SUPPORT STATUS: Adopted This legislation requires that school educators be knowledgeable and prepared, as much as possible, about the risk factors,
the protective factors and the suicide warning signs so professionals can be alerted. This resolution asks that the education
departments at our college and universities do what they can to prepare our teachers to recognize the signs of suicide and to
alert the proper professionals.
HJR 1 Taxpayers Bill of Rights POSITION: OPPOSE STATUS: Failed This legislation would limit the annual state budget increases to the previous year’s budget plus the annual inflation rate plus the annual percentage increase in population. Though this legislation is intended to reduce the state budget, it would result in severe cuts in social service program budgets.
SB 1037: Child/Adult Care Background Check POSITION: SUPPORT STATUS: Failed This legislation would help the state protect vulnerable Idahoans by granting the Department of Health and Welfare the authority to require fingerprint-based criminal history background checks on employees, contractors, providers, and others who have un- supervised contact or provide direct care to children and vulnerable adults.
SB 1068 Natural Death and Medical Consent Act POSITION: SUPPORT STATUS: Law This legislation would combine two existing acts, the Medical Consent Act and the Natural Death Act, into one, thus clarifying and simplifying content. The methods and purposes of both acts would remain, though overlapping and conflicting sections would be brought together and unified.
SB 1079: Cystic Fibrosis services repealed POSITION: OPPOSE STATUS: Failed This bill would eliminate the state-funded adult cystic fibrosis program. The program currently serves 30-40 people in Idaho who otherwise would not be able to afford treatment.
SB 1089: Idaho Prescription Drug program POSITION: SUPPORT STATUS: Failed This legislation would utilize drug manufacturer rebates and pharmacy discounts to create a prescription drug assistance program for people who do not have any medical insurance and who do not qualify for Medicare or Medicaid. Recipients would also need to be below 250% of the federal poverty level. People eligible for this program would still be required to pay for prescription drugs but at a significantly reduced rate. Providing greater access to prescription drugs will improve the quality of health care.
SB 1140 Family Planning Demonstration Waiver POSITION: SUPPORT STATUS: Failed This legislation would expand family planning health care services in Idaho to low income women, age nineteen and older who are
enrolled in the Medicaid Pregnant Women & Children Program (PWC), and women and men whose children are enrolled in the
Children s Health Insurance Program (CHIP) Plan A. It has been proven that quality pre-natal care reduces the incidence of disability
and would save the Medicaid program money.
SB 1141 Skilled Nursing Facility/Peer Review POSITION: SUPPORT STATUS: Law This legislation would amend existing law and is designed to improve oversight and provide skilled nursing facilities the protection
offered to other health care organizations in order to facilitate effective quality improvement investigations, peer review, and improve
overall health care.
SB 1143 Medicaid Buy-In POSITION: SUPPORT STATUS: Failed Medicaid Buy-In is a program that helps transition people with disabilities to work by permitting them to “buy into” Medicaid
while working. For people with disabilities currently on Medicaid, there is no incentive to work more than part-time since if they
earn even one dollar too much, they lose their Medicaid coverage. That coverage pays for the supports and services that people
with disabilities need to go to work. With Medicaid Buy-In, when the eligible person goes to work, they pay a premium, based on
a sliding scale, which enables them to retain their coverage. The program encourages self-sufficiency and independence instead of
trapping people in dependence and poverty.
SB 1153 Vulnerable Adult, Abuse, Penalty POSITION: SUPPORT STATUS: Law This bill would amend existing law to make it a felony, rather than a misdemeanor, to intentionally abuse a vulnerable adult under circumstances likely to produce great bodily harm or death, to neglect a vulnerable adult under circumstances likely to produce great bodily harm or death, or to exploit a vulnerable adult in those cases where the monetary damages exceed $1,000.
SB 1157 Fish and Game License, Disabled Persons POSITION: SUPPORT STATUS: Failed This legislation would encourage the increased participation of disabled individuals in hunting and fishing activities by offering them
a reduced price on their combines hunting and fishing licenses.
SB 1164 Children’s Mental Health, Placement POSITION: OPPOSE STATUS: Law This bill would make several changes in the provisions of the Children's Mental Health Services Act pertaining to involuntary treatment
of children who have a severe emotional disturbance and who meet the other criteria for involuntary treatment. We oppose this
legislation until necessary amendments have been made that will protect the rights of children and their parents.
SB 1165 Juveniles, Mental Health Assessment POSITION: SUPPORT STATUS: Law Judges handling Juvenile Corrections Act or Child Protective Act cases sometimes find that the juvenile has a severe emotional disturbance that needs to be addressed promptly and appropriately. This bill is intended to provide a procedure for obtaining prompt assessment and treatment of the mental health needs of the juvenile at any stage of these proceedings.
SB 1229 Appropriations-Vocational Rehabilitation POSITION: SUPPORT STATUS: Law This is the FY 2006 Appropriation to the Division of Vocational Rehabilitation under the State Board of Education in the amount
of $22,287,400, which amounts to an increase of 0.2%.
SCR 104 Medically Indigent – Health Care POSITION: SUPPORT STATUS: Failed This legislation would create Department of Health and Welfare test programs in volunteer counties to provide qualified indigent people with Medicaid. The Department of Health and Welfare would work with Idaho Counties and Cities and other health care agencies to explore ways in which county medical indigence programs could be used to match federal Medicaid funds.
SJM 101 No Child Left Behind Act - Exemption POSITION: OPPOSE STATUS: Failed This legislation would eliminate the need to hold all schools to nationally recognized No Child Left Behind (NCLB) standards. States without at least one city of 1 million people or more would be exempt from the NCLB standards. Because Idaho does not have a city of 1 million people or more, this may result in Idaho’s children receiving a reduced quality of education. How do your Senators and Representatives vote in terms of SILC legislative priorities contained in this Legislative Update? The following scorecard will tell you just that. The percentage equals the total number of times the Legislator voted in-line with SILC priorities divided by the total number of pieces of legislation that the Legislator voted on. Please note that this scorecard provides one tool for measuring a Legislators support. Other factors, including technical help in developing legislation and floor sponsorship of bills, must also be considered to gain the whole picture of an individual legislator’s degree of support for the disability rights movement. SENATORS
REPRESENTATIVES
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