June 10, 2002
Inside ■ Check Out This Library — p. 2 ■ Remembering With Dignity — p. 3 ■ Pack Your Value — p. 4
Prescription Drug Program — Page 3
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“From each, according to his ability; to each, according to his need.”
—Karl Marx
Non-profit Org. U.S. Postage PAID Mpls. MN Permit No. 4766
Volume 13, Number 6
SOURCES
RESOURCES
June 10, 2002
LEGISLATIVE SESSION 2002 “THE VERY SUCCESSFUL UNSUCCESSFUL YEAR” by Donna McNamara
M
ADA Rights & Responsibilities Conference D
isability advocates Judy Heumann and John Wodatch will be the featured speakers at the upcoming “Rights & Responsibilities Under the ADA and More” conference. This free, oneday seminar is being sponsored by a coalition of Minnesota disability organizations to provide education on the rights guaranteed by disability-specific laws, such as the Americans with Disabilities Act (ADA), and the responsibilities each person has to maintain the integrity of these laws. The event will be held on Friday, July 26 from 9 a.m. to 4 p.m. at the Sullivan School and Communications Center at 3100 East 28th Street in Minneapolis. From recent Supreme Court decisions to individual lawsuits, the ADA has changed its shape from the original law that was passed 12 years ago. Many people are familiar with the rights guaranteed to them under such laws as the ADA, but few understand the responsibilities that accompany those rights. In celebration of the 12th anniversary of the ADA,
this conference offers an opportunity to learn legal do’s and don’ts, hear how recent changes affect individuals, and ask questions of the experts. The event’s first speaker, the Honorable Judy Heumann, is well-known for her active role in advocating for integration of people with disabilities into society through the effective implementation of public policy. As former Assistant Secretary for the Office of Special Education and Rehabilitative Services, U.S. Department of Education, from 1993-2001, Heumann was responsible for national programs serving children, youth, and adults with disabilities in areas such as special education, disability research, vocational rehabilitation, and independent living. She has been integrally involved in the development and passage of numerous pieces of legislation, including the Individuals with Disabilities Education Act and the Rehabilitation Act of 1998. Currently the head of her own
consulting firm, Heumann & Associates, she works with various foundations, corporations, and other organizations to further their integration of disability issues into employment, education, grant programs, and other areas. Heumann is a frequent speaker and regularly interacts with the media as an internationally recognized leader and lifelong civil rights advocate. The afternoon speaker, John L. Wodatch, will offer insights into the U.S. Department of Justice system and how it determines which cases are best to undertake on behalf of the disability community. Wodatch is a civil rights attorney with over 25 years experience with the federal government, specializing in the rights of persons with disabilities. He is Chief of the Disability Rights Section in the Civil Rights Division of the U.S. Department of Justice, responsible for enforcement of titles I, II, and III of the ADA. He plays a key role in developing administration policy on the Conference - cont. on p. 9
any advocates left this year’s legislative session with mixed feelings. Given the projected $2.3 billion deficit, the biggest job facing advocates was preserving programs and staving off cuts. At the session’s end, most funding for disabilityrelated programs and services was intact. In fact, compared with other groups, disability programs did well. In that sense, the session was a success. But those who worked tirelessly on behalf of people with disabilities were barely able to preserve the status quo in many areas, prompting Joel Ulland of the MS Society to dub this “the very successful unsuccessful year.” In the March 10 issue of Access Press, we carried an article by Anne Henry of the Disability Law Center recapping progress through Phase I of the budget process. Below is a summary of some of the final outcomes of the session. Budget items will be covered first, followed by policy bills. Budget Items Many cost-saving proposals were put forward that would have eroded or eliminated funding for programs for people with disabilities. When all was said and done, the following programs remained intact. • Medical Assistance for Employed Persons with Disabilities (MA-EPD) withstood proposed changes by the Senate and governor, and remains the same. • The cost of living increase of 3% for home and community-based care,
including personal care assistants, was also preserved. The legislative intent is that at least 2% of these funds will go directly to employees in the form of wages and/or benefits. • The Medical Assistance (MA) income standard passed last year was not recommended for cuts during this session and will automatically increase on July 1, 2002. Individuals whose incomes are above the Federal Poverty Guidelines (FPG) will have less of a “spend down.” This will result in people being able to keep more of their income each month while still qualifying for Medical Assistance benefits. For example, an individual who must now spend their income down to 70% of FPG, or $502/month, will be able to keep 75%, or $554/month, beginning July 1. In addition, the FPG will increase somewhat next spring—from $716/month for an individual to $739/month. • The prescription drug program established for people with disabilities was scheduled to take effect beginning July 1, 2002. Governor Ventura did not include funding for this new program in his budget this year, but it was included in the final budget passed by the legislature. The expansion of eligibility for the existing senior citizen program was not approved, but the scheduled program for people with disabilities—after much controversy—was left intact. See page 3 for a more detailed description of this important program. • The budget bill allows
people who receive b e n e f i t s under the Minnesota Family Investment Program to work less than the required hours if following treatment due to illness or disability.
The legislature did vote to pass some MA costs of nursing home care onto counties. This is an attempt to motivate counties to move people with disabilities out of nursing homes and into the community. Beginning January 1, 2003, counties will be required to pay 20% of the non-federal costs for this care for people with disabilities who are under age 65, receive MA, and have been in nursing homes longer than 90 days. In a Department of Commerce housekeeping bill, health plan companies will be able to increase their rates for insurance co-payments and deductibles. The increases are less than those sought by the health care industry (who lobbied for them throughout the session), due to the efforts of the Alliance for Consumer Protections. Industry representatives testified that they would not seek further increases for the next two years. Finally, health and human services spending will be cut by $96 million during the current biennium and $192 during the next. While the full implications of this are still not clear, there will be layoffs and other cost-saving measures that may affect the state’s ability to effectively oversee and administer programs. Access Press will continue to follow these Legislature - cont. on p. 8