SUMMARY OF

LEGISLATIVE ISSUE BRIEFS

LONG TERM SERVICES AND SUPPORTS

Necessary Revision to Chapter 166.046 of the Texas Health & Safety Code in support of continued treatment

The Disability Policy Consortium (DPC) recommends that the Texas Legislature make revisions to Chapter 166.046 of the Texas Health & Safety Code to provide "treatment pending transfer" with no time limit which allows the individual or family the opportunity to find other treatment arrangements.

Consolidation of Waivers

The Disability Policy Consortium (DPC) recommends that the Texas Legislature supports efforts to improve and consolidate home and community-based Medicaid waivers to more efficiently and effectively provide individuals with disabilities the services they need to remain in their communities. An improved system must result in maintaining, expanding, and increasing access to appropriate services across populations based on the functional needs of the individual. An improved system must also provide services with waiver reimbursement rates appropriate to the level of need of the individual receiving services based on their functional level.

Community Services and Supports

The Disability Policy Consortium (DPC) supports the Texas Legislature fully funding community services and supports that ensure Texans with disabilities have an equitable opportunity to live in their communities. This includes:

• Funding increases sufficient to provide services and supports to individuals currently on waiting lists for Medicaid waiver programs.
• Funding to accommodate anticipated demographic growth in Medicaid waiver programs.
• Funding for other federally and State funded community programs.
• The immediate re-direction/re-allocation of resources from State Institutions (including nursing facilities, Intermediate Care Fadlities for the Mentally Retarded (ICF/MR) and "stale schools" for the "menially retarded") to community living programs.

State School Closure and/or Consolidation

The Disability Policy Consortium (DPC) recommends that the Texas Legislature direct the Department of Aging and Disability Services (DADS) to develop and implement a plan to close at least three state institutions, also known as "state schools for the mentally retarded," within the next two biennia. All funds saved through these closures should be directed to support the transition process for individuals from state institutions to community services and to fund community based Medicaid waivers.

HOUSING

Protection of '504' in Low In come Housing Tax Credit (LIHTC) deals

The Disability Policy Consortium (DPC) recommends that the Texas Legislature ensures that current state fair housing laws and Section 504 accessibility standards in tax credit developments are not weakened or eliminated.

Support all efforts to create more 'real' affordable housing to meet the needs of Texans with disabilities at 50% and below area median income

The Disability Policy Consortium (DPC) recommends that the Texas Legislature promotes legislation that addresses the housing needs of extremely low income households, including people with disabilities

Support efforts to establish a "discount or reduction" in homeowner's insurance rates for homes that are built 'visitable' through the 'EasyLiving Home Texas' certilicalion program

The Disability Policy Consortium (DPC) recommends that the Texas Legislature supports efforts to lower insurance rates for home that promote visitability.

Include homeowners with disabilities in the recently enacted property tax reduction and any future legislation that reduces property taxes

The Disability Policy Consortium (DPC) recommends that the Texas Legislature supports legislation that ensures that homeowners with disabilities and senior citizens be included in recent and any future property tax reductions.

Support a legislative solution for support from the Texas Department of Housing and Community Affairs for programs to address the housing needs of people with disabilities.

The Disability Policy Consortium (DPC) recommends that the Texas Legislature directs the Texas Department of Housing and Community Affairs to establish set-aside funding for Olmstead Tenant Based Rental Assistance and the Texas Home of Your Own Program programs. The DPC further recommends that the Texas Legislature directs TDHCA to maintain a $2.5 million per year funding level for these programs to serve people with disabilities.

EDUCATION

Oppose Public School Vouchers or any similar program

The Disability Policy Consortium (DPC) recommends that the Texas Legislature oppose public school vouchers or any similar programs that takes money from already underfunded public schools that will continue to serve the majority of students with disabilities.

Participation of Students with Disabilities in Graduation Ceremonies with their Same-age peers

The Disability Policy Consortium (DPC) recommends that the Texas Legislature supports state legislation requiring school districts to allow students with disabilities to participate in graduation ceremonies with their same-age peers, even if they will continue to receive special education services from the district after high school.

Discipline of Students with Disabilities

The Disability Policy Consortium recommends that the Texas Legislature to amend Chapter 37 of the Texas Education Code as needed to:

• Require school districts considering the removal of a student with a disability to a DAEP for a violation of the Student Code of Conduct to first determine whether the student's disability impaired his/her capacity to understand the wrongfulness of their conduct;
• Require school districts to report to TEA the number of students with disabilities given tickets for misbehavior at school. The report should identify the student's disability and the behavior for which he/she was ticketed;
• Require school resource officers and other school-based police who are used to enforce school discipline policies to participate in training developed by the Texas Commission on Law Enforcement Standards and Education (TCELOSE) on de-escalation techniques and other alternatives to physical restraint when intervening with a student with a disability. The legislature should allocate resources to TCELOSE to develop this training; and
• Require TEA to analyze the data it collects on DAEP placements to identify those campuses and districts that place students with disabilities in DAEPS for discretionary offenses at a higher rate than the incidence of disability at the sending campus or in the district. The list of those campuses and districis should be made available to the public through the TEA's website.

EMPLOYMENT

Independent Living Centers

The Disability Policy Consortium (DPC) recommends that the Texas Legislature supports full funding of Exceptional Items 3 & 4 in the DARS Legislative Appropriations Request.

Department of Assistive & Rehabilitative Services (DARS) Vocational Rehabilitation program

The Disability Policy Consortium (DPC) recommends that the Texas Legislature supports full funding of Exceptional Items I & 2 in the DARS Legislative Appropriations Request.

Improving Employment Programs for Texans with Disabilities

The Disability Policy Consortium (DPC) recommends that the Texas Legislature direct the Health and Human Services Commission and Texas Workforce Commission to analyze all programs and services that impact employment of Texans with disabilities to determine:

• Opportunities to consolidate or improve employment programs such that resources are shifted to the most successful programs while maximizing federal funding;
• Progress to date and required steps to transform segregated work programs and any state-funded programs that do not result in competitive employment;
• Best practices for determining provider rates for a range of employment services;
• Opportunities to apply principles of self-determination in employment programs, including opportunities for self-employment, telecommuting, and other non-traditional employment outcomes;
• Opportunities to increase hiring of people with disabilities by state agencies.

Address Barriers to Public Transportation

The Disability Policy Consortium recommends that the Texas Legislature to direct the Texas Department of Transportation (TxDOT) to establish standards in the continuing development of public transportation services, namely:

• Key goals of any proposed changes in transportation services must include greater availability, accessibility, and affordability of transportation services for Texans with disabilities
• All transportation programs must demonstrate full compliance with standards of accessibility for people with disabilities as a condition for receipt of state funds, and services designed to exceed minimum standards of accessibility must be given significant value in any competitive application processes;
• 3. Each Regional Transportation Coordination Committee plan submitted must verify multiple opportunities for public input and significant participation of people with disabilities in the planning process;
• All proposed changes in transportation services must include comments by people with disabilities and organizations that serve people with disabilities;
• All transportation programs must follow statewide guidelines to ensure consistent implementation of complaint and appeals processes.

Funding for Assistance with Relocation from Institutions

The Disability Policy Consortium (DPC) recommends that the Texas Legislature to fully fund the Department of Aging and Disability Services (DADS) Promoting Independence relocation initiatives in the amount of $1,166,482 (GR) per year. This funding will continue a statewide network of contracts providing relocation assistance to individuals in nursing facilities seeking to transition to community residences with appropriate services and supports. This funding also includes Transition to Life in the Community grants to eligible individuals for expenses such as rent and utility deposits, furniture and basic household goods, and moving costs.

Workforce Issues for Personal Attendant Services

The Disability Policy Consortium (DPC) recommends that the Texas Legislature:

• Appropriate sufficient funds to recruit the necessary number of qualified Personal Attendants to meet the growing need for self-directed as well as agency delivered community services;
• Equalize the pay scales for Personal Attendants in all public and private programs (Equal Pay for Equal Services);
• Develop a mechanism to allow Personal Attendants to purchase health as well as other benefits; and
• Direct the Health and Human Services Commission (HHSC) and the Department of Aging and Disability Services (DADS) to develop an outreach, retention and orientation program to assure that there will be an adequate number of Personal Attendants in the future to meet the growing demands for self-directed as well as agency delivered community services.

HEALTH CARE

Department of State Health Services (DSHS) Legislative Appropriations Request for FY 07 & 08

The DPC recommends that the Texas Legislature fund the following DSHS exceptional items:

• Restoration to base level funding for FY 05 & 06. Texas is currently 47th in terms of funding for mental health services. That level of funding allows the Department to serve only 28% of the targeted priority population in Texas. It is essential that we increase rather than decrease capacity. Exceptional item # 1.
• Mental health community services, which totals $82,336,430 over the biennium which relates to the crisis services re-design package. This exceptional item will provide for a range of effective community-based interventions designed to intervene in or avoid crisis and the need for hospitalization. Exceptional item #4.
• Recruitment and retention of critical professional staff, which totals $9, 131, 197. Retention and recruitment of licensed medical professionals continues to be a challenge for DSHS as it fails to keep pace with compensation and benefits offered in the private sector and in other states, with which it competes for the limited pool of available licensed medical professionals. This funding request will allow DSHS to ensure a skilled/competent public and mental health workforce, address equity issues within the agency, establish residency programs in the state mental health hospitals, provide stipends and support continuing education. Exceptional item # 8.
• Medicaid Substance Use Disorder, which totals $26,043,048. Research indicates that a substantial number of individuals with a mental health diagnosis also suffer from a substance abuse disorder. We support the DSHS exceptional items for community based substance abuse services and the adult outpatient Medicaid substance abuse services. Exceptional item # 9.
• Replacement of transportation which totals $4,245,740 over the biennium. DSHS State Hospitals and Regions operate a combined total of 678 vehicles at 20 statewide sites. These vehicles are used to satisfy statutory requirements and provide for the daily life needs of the clients/consumers housed and cared for by the facilities as well as supporting direct service delivery in the regions. Exceptional item # 12.
• Substance Abuse Prevention and Treatment which totals $15,344,972 over the biennium. In 2005, DSHS estimated that 1,020,102 adults and 78,243 youth were eligible for treatment; however only 36,924 (4%) and (7%) received services. This funding request will provide more youth with substance abuse prevention services and increase the number of adults and youth that receive substance abuse treatment. Over 1,800 Texans per year would benefit from the expanded treatment capacity. Exceptional item # 15.
• Medicaid Rate Restoration. For Medicaid rates, HHSC is currently considering reinstatement of the 2.5% reduction. DSHS has administrative rules for certain programs that base reimbursement of services on the Medicaid rates. An increase in the Medicaid rates would have a financial impact on these programs. The rates would be increased and without the additional dollars reflected in the exceptional item request, would require the program to scale back services for these program to account for the additional cost. Exceptional item #18.

Children's Mental Health Services within the Department of State Health Services.

The Disability Policy Consortium (DPC) recommends that the Texas Legislature to direct the Department of State Health Services by a rider to re-establish a children's mental health unit and should require that the Department publish quarterly child mental health services data reports in order to ensure that children's mental health services/behavioil health services and policy receives adequate focus within the larger mental health/behavioral health service delivery system.

Mental Health Services and Initiatives for Youth in the Juvenile Justice System.

The Disability Policy Consortium (DPC) recommends that the Texas Legislature should:

• Require that a common comprehensive health screening and assessment tool be utilized by the Texas Juvenile Probation Commission (TJPC), the Texas Youth Commission (TYC) and the Department of Family and Protective Services (DFPS), so that youth who are involved with the juvenile justice system and other child serving systems can be accurately identified and provided with appropriate mental health and substance abuse services;
• Direct the Health and Human Services Commission to allow for the temporary suspension rather than termination of Medicaid benefits for youth who are in detention so that they can have access to community mental health services when they are released from detention.
• Fund the Texas Juvenile Probation Commissions and the Texas Youth Commissions LAR exceptional item request to fund mental health and substance abuse services for youth who are in detention;
• Increase the funding for the Texas Youth Commission aftercare programs that help to ensure that youth with mental health/behavioral health needs will successfully transition from TYC to the community.
• Increase prevention funding to the Department of Family and Protective Services, Prevention and Early Intervention Division for community-based programs that prevent youth from entering the juvenile justice and Texas Youth Commission system; and
• Fund the Texas Youth Commissions LAR exceptional item request to lower its staff to youth ratios to national standards and to increase staff training.