Vermont Council of

Developmental and Mental Health Services

 Legislative Wrap up for the 2010 Session

For archived Legislative Updates please click the Library/Updates Tab

1. Challenges for Change H. 792
   • 1% reduction in DS funding with expedited hearing  process
   • Evaluation by a psychologist of the public safety risk of individuals in DS services who pose a public safety risk and have not been assessed for a developmental disability in the past 2 years.
   • Protocols developed by DAIL for assessing use of less restrictive residential placements based on the evaluation of public safety risk.
   • AHS will analyze new service models for people with high cost services in DS and implement new and cost effective models as soon as possible with any FY11 savings reinvested in DS
   • Improve employment outcomes for people served by DAs
   • Refrain from duplicating through state review of things that were evaluated through a national quality review and accreditation process
   • 2% reduction in MH funding
   • All DA funding reductions shall minimize service reductions
   • 18 proposals for DA’s, DMH and DAIL to develop additional savings in AHS  (estimated savings of $800,000 GF is not listed in the bill)
   • Total DA specific budget reduction target down from $13.6 to $7.8 million in total funds
   • RFP for DA’s to reduce incarceration rates ($1 million not specified in the bill)
   • $ 2 million RFP for one-time community collaborations to reduce incarceration and psychiatric hospitalization rates of specified populations – DA’s may participate and language does not waive or abrogate existing statutes, including the Designation statute.
   • CIS is limited to 3 pilot sites
   • Creative Workforce Solutions is approved as part of Challenges
   • Chronic care coordination for Medicaid enrollees by APS with be phased out in favor of OVHA staff coordination. Other options are possible according to Secretary Hofmann.
   • Funding for Challenges includes expected FMAP extension
   • Identified savings are $13.5 to $14.5 million below savings target agreed to by the Administration and Legislature, leaving the Administration to identify the additional savings of over $8 million.
   • Administration may make funding reductions at any amount below 5% to achieve the goals of challenges without legislative oversight
   • If the Administration chooses to make funding reductions of 5% or more it must present the proposal to the Joint Fiscal Committee for review, but may proceed even if the JFC disapproves the proposal.
   • Discontinues printing Senate and House calendars, journals, and bills for the public.

2. Appropriations Bill H.789
   • Allocated $6,680,537 in new caseload for DS, which includes funds for graduates and public safety
   • The funding for the DS Respite Home was eliminated
   • Otherwise, DA’s are level funded
   • Adjustments to Act 68 Challenges for Change that were passed in the Appropriations Act are noted above
   • Reductions requested by the Administration for Targeted Case Management and Flexible Family Funding denied by Legislature, but smaller reductions could occur through the 1% reduction in DS funding in Challenges
   • ADAP funding for DA’s is level funded
   • DCF funding to DA’s for DS services is level funded
   • Blueprint for health is expanded to include more emphasis on mental health and children’s services and moved to OVHA
   • OVHA becomes DVHA (a department instead of office)
   • Urine drug tests (UA’s) are limited to 8 per month
   • PT, OT and ST are limited to 30 visits per year except for those with diagnoses of TBI, Spinal cord injury, stroke, amputation or severe burns
   • 6 new program integrity staff will be employed by DVHA to reduce fraud, abuse and waste for a $ 6 million savings
   • Emergency room visits may be limited to 12 per year or utilization will be reduced by greater coordination for frequent users
   • Catamount costs for employers is expected to go up by approximately 10%

      3.  Public Inebriate Programs

·         S. 292 sets back timeframe for the State to cease incarceration of public inebriates to July 2012

·         Development of a statewide standardized assessment tool

4.   Futures

·         Capitol budget includes $10 out of the requested $15 million for developing the Secure Residential facility from anticipated FMAP

·         New planning funds requested by DMH were not included in the budget

·         Changes to the involuntary medications law to collapse commitment and involuntary medication into one procedure were not approved

·         The Forensic Examination Bill S. 205 reforms how forensic admissions are managed by the Courts and referrals to VSH and designated hospitals and clarifies responsibility to provide the correct level of care, including outpatient treatment. Now signed by the Governor.

5.      Act 129 Task Force is Saved

·         Legislation H.760 to reduce the number of State advisory boards eliminated the Act 129 task force, originally designed to ensure mental health parity, however the mental health community protested and it was restored.

6.   Health Care Administration Consolidation

·         S. 177 restructuring human services and health care administration did not pass the Senate.

7.   A sex offender’s street address shall not be posted electronically if the offender has a developmental disability and receives funding from the Department of Disabilities, Aging and Independent Living (DAIL) for 24-hour supervision and treatment.

8.   Background Checks requirements for individuals working with vulnerable populations in S.297 Miscellaneous Changes to Education Law

·         This started as an educational initiative and was expanded to include all employers of persons in a position of power, authority or supervision of a minor of vulnerable adult.  The implementation is after the next legislative session, so this will be on the Council’s agenda for the 2011 session.

For more information or to take action:

        Legislative home page: http://www.leg.state.vt.us

        Sergeant-at-Arms Office: (802) 828-2228 or (800) 322-5616

        State House fax (to reach any member): (802) 828-2424

        State House mailing address (to reach any member):     

                                    Your Legislator

                                    State House

                                    115 State Street, Drawer 33

                                    Montpelier, VT  05633-5501

        Email, home address and phone: Legislators' email addresses and home contacts may be found on the Legislature home page at http://www.leg.state.vt.us

        Governor Jim Douglas (802) 649-6825 or http://governor.vermont.gov/

The purpose of the legislative update is to inform individuals who are interested in developmental, mental health and substance abuse services about legislative advocacy, policy development and activities that occur in the State Legislature. The Vermont Council is a non-profit trade association whose membership consists of 16 designated developmental and mental health agencies.

For further information contact Julie Tessler at (802) 223-1773 or email julie@vtcouncil.org