VCDR 2010 Legislative Platform
VCDR’s 2010 Legislative PlatformBudget and Policy Prioritiesby Deborah Lisi-Baker
Policy commitments that have been built over the last two decades must be preserved. Programs and policies with long-term financial and social benefits must not be sacrificed to reduce temporary budget shortfalls. Approaches that make self-determination, health, independence, safety, work and community participation possible are good investments. We believe that Vermont lawmakers need to find a more balanced approach to the budget crisis – one that will address the very real and immediate revenue concerns while maintaining Vermont’s commitment to policies and programs that work for Vermont.
VCDR will be advocating for maintaining current Medicaid benefits and the Medicaid long-term care services that individuals with disabilities of all ages depend on to maintain their health and independence. We will also advocate for successful state-funded programs that make health, independence, community participation and work possible.Cuts in budgets and staff positions have already lessened the ability of state and nonprofit agencies to operate essential programs and maintain both policy and service commitments to Vermonters with disabilities. We will continue to monitor the impact of existing cuts and oppose those that reduce the quality, effectiveness and availability of disability services.
Vermont’s peer-run programs and services must be protected. Programs and services run by Vermonters with disabilities offer resources and support that cannot be found elsewhere. These programs (which include Vermont Psychiatric Survivors, Green Mountain Self-Advocates, and Another Way Drop-In Center), as well as peer-run newspapers The Independent and Counterpoint, are dependent on state support for their survival. As the state budget crisis escalates we cannot afford a reduction in Vermont’s commitment to self determination and to peer-run recovery services.
· Policy BillsTBI Trust Fund: VCDR supports legislation to establish a trust fund, as 20 other states have, to provide a source of revenue dedicated to filling the gaps in services and support for people with brain injuries and to develop programs designed to reduce the incidence of brain injury in Vermont. The proposed trust fund would be financed either by a $1 surcharge on motor vehicle registrations or by dedicating a portion of penalties for violation of motor vehicle safety statutes, including DUI (in recognition that a substantial percentage of brain injuries in Vermont result from negligent operation of motor vehicles, especially drunken driving). A TBI Fund was set up at the end of the 2008 legislative session with onetime funding but without ongoing funds. BIA and VCDR are also asking for state funds to help support a successful pilot program for injured veterans.
· Protection of Service Animals: VCDR supports legislation to (1) prohibit a person from interfering with any service animal in training or performance of its duties; (2) establish penalties for cruelty to a service animal or for killing of a service animal; and (3) permit an owner or user of a service animal that has been harmed to obtain restitution from or file a civil action against the person who carried out such violations.
· Respectful Language Legislation: VCDR supports legislation to make sure that the Vermont Legislature and state agencies use respectful language when referring to individuals with disabilities in the preparation of legislation and rules. Such legislation will promote use of “people first” language and prohibit use of outdated and disrespectful terms, such as “mental retardation.”
· Positive Behavioral Supports: VCDR supports legislation or strong regulation promoting the use of positive behavioral supports and restricting and carefully regulating any use of restrictive behavioral interventions (restraint, seclusion, or aversives) in all of Vermont’s primary and secondary educational settings.
· “Walk with Your Class” Legislation: VCDR supports legislation to allow students with disabilities who will be continuing their secondary school activities to join their classmates in the graduation ceremony and other senior year celebrations and activities.
· Preservation of Rights of Individuals with Mental Health Issues: VCDR will monitor proposed legislation that may diminish the civil rights of people with mental health issues. With the emphasis on movement of services from the Vermont State Hospital to community settings, it is important that due process in involuntary treatment and other rights to self-determination are not compromised.
· Pain Management and End-of-Life Care: VCDR supports legislative initiatives to improve pain management services available to Vermonters throughout life and the improvement of end-of-life care and pain management in Vermont. VCDR opposes any legislation legalizing physician-assisted suicide (sometimes called “End of Life Choices” or “Death with Dignity” legislation). We would prefer to see Vermont policy and legislative efforts focus on making real improvements in and increasing and equalizing access to needed end-of-life and chronic pain services. (No PAS legislation has been introduced for fiscal year 2010 but proponents have said that they will be reintroducing legislation in the future.)
· Disability Parking Fines: VCDR supports legislation to increase the fine for illegally using parking spaces that are reserved for individuals with disabilities.
· Transportation Funding: VCDR supports legislative initiatives to preserve and increase community transportation and public transit funding, including state and federal funds for both critical care transportation and for senior and disability transportation.
· Work Incentives: VCDR supports and will monitor efforts by the administration and/or the Legislature to expand Vermont’s work incentive benefits, including expanding eligibility and asset protections in Vermont’s Medicaid for Working People with Disabilities Program.
· Other Budget Concerns and PrioritiesCommunication Support Project: VCDR supports funding for the administration of the Vermont Communication Support Project. The program provides communication supports to individuals with cognitive and other disabilities during court and administrative procedures. Without this service, individuals with cognitive disabilities are not able to understand and fully participate in legal and judicial activities that impact their lives.
· Peer Navigators/Family Support Initiative: VCDR supports an appropriation of $250,000 for Vermont’s Peer Navigators (PN). PNs have been working with families with parents with disabilities and with children with disabilities to connect them to appropriate services and supports. Grant funding will run out at the end of June, 2010.
· Vehicle Modification Funds: VCDR supports Vermont Family Network’s request for an allocation of $318,000 to assist families with expenses relating to modifying a van or other vehicle required to make the vehicle accessible to children whose medical condition requires adaptive equipment and/or a wheelchair.
· CSHN Respite: VCDR supports a $55,000 increase in the Vermont Department of Health’s current budget for the Children with Special Health Needs Respite Program: first, adding an estimated $55,000 to restore the program to 2008 funding levels of $350,000; and also adding an additional $130,000 to bring this program funding parity with the Developmental Services Flexible Family Funding program. Internal transfers have been hard to track, but these numbers will be updated as new budget figures emerge.
· Early Periodic Screening, Diagnosis and Treatment: VCDR calls for careful monitoring of the use of the $2.4 million in the SFY 2008-2009 budget and funds included in the 2009-2010 budget (amounts unclear) which were intended to support full implementation of EPSDT services (especially case management and rehabilitative therapies) for Vermont’s Medicaid-eligible children. The request for monitoring is intended to address two issues: assurance that the funds will be allocated to their intended purposes and to assess whether this funding is adequate to cover mandated EPSDT services.
· Other Issues We Are Following: VCDR will continue to monitor and support any efforts to expand S.271 to allow family court to consider requests to extend child support for an individual with physical, mental, or developmental disabilities beyond the age of 22.VCDR will continue to monitor education finance and reform initiatives and appropriations to ensure that the rights and interests of students with disabilities and their families are protected.
VCDR will monitor legislation or initiatives emerging from recent reports, summer studies and administrative or legislative task forces such as the guardianship study, continued efforts to enhance and support Vermont’s direct care workers, and sustaining long-term care services for individuals with disabilities and seniors and transition services for youth with disabilities that create equal opportunities for independence, self determination, community participation and work.
For more information about particular bills and other VCDR advocacy activities, or to share your recommendations and concerns, contact us:
VCDR
11 East State St., Suite 2
Montpelier, VT 05602
Phone: 802-223-6140
E-mail: vcdrvt@gmail.com