August 2001 Edition - Access Press

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Inside Mayoral Candidates Speak— p. 10 Songs For Social Change— p. 7 Visitability Legislation Passes— p. 9

Annual Reader Survey — Page 8

August 10, 2001

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“Every aspect of our lives is, in a sense, a vote for the kind of world we want to live in.”

— France Moore Lappé

Non-profit Org. U.S. Postage PAID Mpls. MN Permit No. 4766

Volume 12, Number8

SOURCES

RESOURCES

August 10, 2001

LEGISLATIVE REVIEW 2001 PART 1: CHANEGS IN INCOME AND ASSET LIMITS by Anne L. Henry

Used by permission of the GF Herald

Jay Johnson 1957-2001: IL Movement Loses A Leader [Editor’s note: The disability community is saddened by the death of long-time advocate Jay Johnson. Jay died in a tragic accident on his off-road vehicle on the Fourth of July. This article is a summary of some of his many accomplishments. See p.13 to read a personal recollection of this remarkable man.]

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ay Johnson was the Executive Director of Options Interstate Resource Center for Independent Living in East Grand Forks, Minnesota. He also served on the North Dakota Statewide Independent Living Council (SILC) and had previously been a member of the Minnesota SILC. He was also a member of the National Council on Independent Living (NCIL), actively participating on NCIL’s Rehabilitation Act and Social Security Reform Legislative Subcommittees. Jay was born on January 14, 1957. In 1978, he was seriously injured when his motorcycle was forced off a highway. Speaking about the accident and its effect on his life, he says: “I came down on top of a barbed wire fence, breaking

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four wooden fence posts off at ground level with my body. The vehicle that hit me did not stop, leaving me for dead. My spinal cord was severed, paralyzing me from the chest down. This began my life as a person with a disability. After six months in a hospital, I was told that my mother could not take care of me, and I would be referred to a good nursing home. At 21 years old, that was not an acceptable option. Instead, I embarked on a different journey: assisting people with disabilities to live as independently as possible in the communities of their choice. It started with me.”

Jay was an outspoken advocate for effective national policies that incorporate consumer control and choice. He was a prolific speaker, writer, organizer and trainer on disability and independent living issues, both locally and nationally. He was involved in many community activities and helped obtain citizen input for community leaders to utilize in the rebuilding of East Grand Forks through his membership on the Community Advisory Response Team (CART). Jay has received numerous awards for his outstanding work in the disability and business communities.

After extensive rehabilitation, Jay attended college and graduated magna cum laude in 1984 with a Bachelor of Science in Occupational Therapy. In 1986, after working as an occupational therapist, he founded Options, a center for independent living that serves people with disabilities living in Minnesota and North Dakota. Under Jay’s leadership, Options has become a local, regional and national leader in the provision of consumercontrolled independent living services.

The devastating Red River Flood of 1997 destroyed Jay’s home, the Options building and over a decade’s worth of Options records, books, software and equipment. After that he worked tirelessly, quickly reopening Options in temporary quarters and assisting people with disabilities affected by the flood. He is survived by his wife Joy and ten-year-old son Joshua. Q The information in this article was provided by Options, and edited by Jeff Nygaard

Editor’s Note: This is the first of a three-part series explaining the ins and outs of the various laws and policies put in place by the legislature as they came out of the 2001 session. This month’s Part 1 has to do with the income, asset, and eligibility standards for programs serving people with disabilities. Future installments will focus on laws having to do with community supports to allow people to get out and stay out of institutions and live independently in the community. The final installment will elaborate on all of the “other” provisions that don’t fit into the first two categories.

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he 2001 Legislative Session and Special Session were marked by a huge budget surplus which declined a bit over the course of the Session due to economic conditions. One of the most noteworthy developments during the legislative session involved a decision in late March by the Department of Human Services (DHS) to follow a 1999 law regarding the waiting list for home and community waiver services for persons with developmental disabilities. [See the April 10th ACCESS PRESS for details.] The DHS decision, made after several legislative hearings on unspent waiver funds, will result in thousands of persons from the waiting list being able to obtain services. The DHS decision should result in spending a good portion of the $66 million for the next biennium which had been designated as surplus prior to the Administration’s decision to encourage counties to use the resources as required by 1999 legislation.

What follows is a listing of the various specific provisions of the Omnibus Spending Bill For Health And Human Services, Chapter 9, First Special Session 2001, focusing on those provisions that have to do with changes in some of the income, asset, and eligibility standards related to programs serving people with disabilities. MA Income Standard The Medical Assistance Income Standard for Persons Who are Elderly or Disabled, Article 2, Sections 16, 17, 21 and 24: 1. For persons whose Social Security or other income is at or below $716 per month (100% of the Federal Poverty Guidelines (FPG)), the Legislature provided an increase from the current income standard of $482 per month to $716, 100% FPG. 2. For persons with Social Security or other income over 100% FPG (i.e. $717 per month or higher), the Legislature changed the standard only to 70% FPG on July 1, 2001 and 75% FPG on July 1, 2002. Unfortunately, persons who are elderly or disabled with unearned income (those with earnings can use their Medical Assistance for Employed Persons with Disabilities, or MA-EPD, eligibility) over 100% FPG will have to continue to pay a spend down to $502 per month (70% FPG) beginning July 1, 2001, 75% FPG beginning July 1, 2002. 3. The cost of the increase in the income standard was offset by savings in

Minnesota’s state-funded Prescription Drug Program (PDP). Medical Assistance is funded with 51% federal funds and 49% state funds, whereas the PDP program is funded entirely by state dollars. As the MA Income Standard rises, more persons will choose MA rather than PDP. These changes will mean that 9,000 persons who are eligible for Medical Assistance due to age or disability will be relieved of a spend down obligation on July 1, 2001. A spend down is much like a deductible payment in which medical costs must be incurred to a certain dollar amount before health coverage (MA in this case) will pay additional medical costs. The medically needy group (those with unearned income over $716 per month) of 4,000 persons on Medical Assistance and 1,400 persons on General Assistance Medical Care will gradually be allowed to keep more of their income to live on rather than having to spend it on medical costs down to $482 per month. MA-EPD The Medical Assistance for Employed Persons with Disabilities (MA-EPD) Premium Increase, Article 2, Section 28. A premium increase for persons with disabilities who need Medical Assistance and have earnings will likely affect nearly everyone using the MA-EPD eligibility option. The premium schedule interacts with the MA income standard increase in that persons with earned and Legislative - cont. on p. 9

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