The Virginia Disability Commission was created to identify and recommend legislative priorities and policies for adoption or examination by the General Assembly in order to provide ongoing support in developing and reviewing services and funding related to Virginians with physical and sensory disabilities. Specifically, the Disability Commission is charged with serving as the primary forum in the Commonwealth where the needs and issues of people with disabilities are addressed through the collaboration of members of the legislative and executive branches of state government, and citizens of the Commonwealth; evaluating and advancing budget proposals and policy issues oriented towards a service system that maximizes the self-sufficiency of Virginians with disabilities; developing and reviewing recommendations for service program changes and funding related to services for persons with physical and sensory disabilities; and advising on local, state and federal policies and programs relevant to citizens with disabilities. During the 2008 interim, the Disability Commission met four times to carry out this work.
August 14, 2008
The first meeting of the Disability Commission for the 2008 interim was held on August 14, at the General Assembly Building in Richmond. Following election of Senator Linda T. Puller as Chairwoman and Delegate Bobby Orrock as Vice Chairman, introduction of the members of the Commission, and opening remarks, the work of the Commission commenced.
Virginia Wounded Warrior Program
The meeting began with an overview of the Virginia Wounded Warrior Program. Mr. Vincent M. Burgess, Commissioner of the Department of Veterans Services, provided an introduction to the Department of Veterans Affairs, stating that the Department has provided benefit services to 708,000 veterans, and processed 21,000 claims on behalf of veterans. Currently, 100,000 veterans actively receive benefits from the Department through 21 offices and 2 care centers around the Commonwealth.
Ms. Martha Mead, Executive Order 19 Project Manager, then presented information on the Virginia Wounded Warrior Program. Ms. Mead stated that the program received funding on July 1 of 2008. In preparation for that event, the Department has been working to build networks and increase public awareness of the program. Additionally, the Department has been working on developing a process for the distribution of community resources, and working with providers to iron out any problems with service delivery. Significant near term actions include staffing of the program, beginning with selection of Captain Katherine A. Wilson as Director, hiring of five support staff for the Director, and selection of three regional directors. By November, Ms. Mead stated, a more developed training curriculum for interested stakeholders would be available. Moving forward, program staff will coordinate with providers, community resources, the educational and criminal justice systems, and the National Guard reintegration program.
Olmstead Work Group/Money Follows the Person
Ms. Julie Stanley, Director of Community Integration for People with Disabilities then presented information on the work of the Olmstead Work Group, Money Follows the Person Grant Work Group, and Money Follows the Person Housing and Transportation Initiative. Ms. Julie Stanley noted that the Money Follows the Person Grant Work Group and the Money Follows the Person Housing and Transportation Initiative were developed to fill gaps in the Medicaid Program, to allow people to move out of institutions and into the community, and to help persons who are in the community remain in the community. These groups, which involve representatives of a variety of agencies serving persons with disabilities, have worked to set goals and develop strategies to accomplish these goals, moving over 1000 people from nursing facilities, ICFMRs, and long stay hospitals. Ms. Stanley noted that each person transitioning receives a one-time award of up to $5000 to support transition. These persons continue to receive services through Medicaid Waiver programs to support their independent living goals. One problem that the Work Groups have identified is a lack of housing available for persons transitioning; the Money Follows the Person Housing and Transportation Initiative has been working on recommendations to address these issues. Ms. Stanley concluded by stating that the Work Group and Housing and Transportation Initiative reports should be available by the next meeting.
Disability Commission Housing Work Group
Mr. Ed Turner, Governor's Special Advisor on Disability Issues, and Ms. Teri Barker Morgan, with the Virginia Board for People with Disabilities, gave an overview of the actions of the Disability Commission Housing Work Group. Their presentation began with a review of the history of housing issues, including funding and programmatic issues. They then provided updates on the Housing Work Group efforts, including a plan to review recommendations developed by various other groups focused on disability issues, and identify several key recommendations to be pursued by the Disability Commission. These recommendations will be presented at the next meeting.
Medicaid Buy In Program
Mr. Jack Quigley, Department of Medical Assistance Services, then introduced the topic of the Medicaid Buy In, stating that the program was first authorized by Congress in 1997 and by the General Assembly in 2006. The program allows persons who are disabled to earn more than the income asset eligibility requirement while maintaining eligibility for services, so that persons may work while receiving benefits. The program was implemented on January 1, 2007. Current utilization of the program is limited (15 enrollees) due to the low income levels authorized and the fact that many people who could participate in the program already have some work incentives available through other SSI programs.
Dr. Joe Ashley, Co-Director of the grant program at the Department of Rehabilitative Services added that the department is seeking ways to create a more robust program, in order to provide additional opportunities for persons with disabilities. One recommendation would be to increase eligibility from its current level of 80% of the Federal Poverty Level to 100% of the Federal Poverty Level, allowing 19,000 additional persons to become eligible for participation. Not all of these persons would utilize the program, however, Dr. Ashley pointed out. Estimates indicate that approximately 200 people per year would take advantage of the program if the eligibility requirements were changed. The cost of funding these additional slots would be approximately $1.5 to $1.8 million per year.
Discussion of Study Plan
Following the presentations, Commission members discussed further subjects for study for future meetings, including additional information on the Brain Injury Waiver program, recycling of durable medical equipment, the implications of the Department of Rehabilitative Services' order of selection, and emergency preparedness for individuals with disabilities and communities as a whole.
October 8, 2009
The second meeting of the Disability Commission for the 2008 interim was held on October 8th, at the General Assembly Building in Richmond. Following opening remarks by Chairwoman Senator Puller, the work of the Commission got underway.
Department of Rehabilitative Services Order of Selection
The meeting began with a presentation on the Department of Rehabilitative Services' Order of Selection, given by Mr. Jim Rothrock, Commissioner of the Department of Rehabilitative Services. Mr. Rothrock explained that the Order of Selection is implemented at such times as the Department determines that it is unable to provide services to all eligible individuals who apply for services, and specifies the order in which individuals will be served. The Department's order of selection was implemented in 2004. The order, as set forth in regulations, specifies that persons with three or more serious disabilities (Category I) shall be served first, then persons with two serious disabilities (Category II), then persons with one serious disability (Category III), and then finally persons with no serious disabilities but who qualify for services (Category IV). Currently, the Department is able to serve all persons in Category I, but is not able to serve all persons in other categories. At this time, the waiting list for Department services is 996 persons. Forty-two percent of persons on the waiting list are Category II individuals, 21% are Category III individuals, and 37% are Category IV individuals. To serve all persons on the waiting list, the Department would require $2.3 million.
Overview of the Survey of Centers for Independent Living
Mr. Rothrock then presented information on the outcome of the survey of Centers for Independent Living (CILs) requested by the Commission during the 2007 interim. Mr. Rothrock reported that Virginia has more CILs than any other state (16). Annually, the state provides $5 million in General Fund dollars to support the CILs. Approximately $250,000 is required to establish a new CIL. Additional funding beyond that level is secured by the CIL from the community and through other partnerships.
During the fall of 2007, the Department conducted a study of client satisfaction with services offered by Virginia CILS. Surveys were mailed to 10,496 consumers of CIL services. Eighteen percent of these surveys were returned. Sixty four percent of these surveys, the portion of surveys completed by the service recipient himself, were analyzed for the study. Results of the study indicate that the majority of service recipients were satisfied with the services they received. Eight-four percent of survey respondents said that they were very or somewhat satisfied with their overall experience with the CIL, and 90% indicated that they would refer a friend to the CIL for services. Sixty-nine percent of persons surveyed indicated that the CIL had provided services that they needed to reach their own independent living goals.
Overview of the Money Follows the Person Housing and Transportation Workgroup Recommendations
Ms. Julie Stanley, Director of Community Integration for People with Disabilities, presented information on recommendations developed by the Money Follows the Person Housing and Transportation Work Group. Ms. Stanley provided some background, then explained that the Work Group was formed to study and develop recommendations to fill gaps in state systems supporting persons moving from institutions to the community under the Money Follows the Person Grant Program. Major issues or gaps identified included a lack of accessible housing and non-medical transportation options, and difficulties in planning for persons with disabilities due to different housing, transportation and human services planning systems. In response to these issues, the Work Group has developed a number of recommendations to (i) increase affordability and availability of housing for persons transitioning from institutions to the community, (ii) increase the availability and accessibility of non-medical transportation for persons transitioning from institutions to the community, (iii) promoting cooperative planning between housing and transportation agencies, (iv) educating the housing community and increasing awareness and partnerships; and (v) educating disability and aging communities and increasing awareness and partnerships. More details about these recommendations can be found in the Work Group report online.
Disability Commission Housing Work Group
Ms. Teri Barker-Morgan of the Disability Commission Housing Work Group (DCHWG) presented five recommendations identified by the DCHWG as priorities for the 2009 General Assembly Session. These included: (i) reintroducing House Bill 1085 (2008) to include "source of income" as a protected category; (ii) a letter to the members of the National Congressional Delegation asking for their support of the Frank Melville Supportive Housing Investment Act of 2008 (H.R. 5772); (iii) increasing the per unit cap for the Livable Home Tax Credit from $500 to $1000, while maintaining the overall program cap at $1 million; (iv) a Joint Resolution encouraging use of the THA Toolkit in the development of local comprehensive plans; and (v) supporting the portability of Auxiliary Grants. Ms. Barker-Morgan also identified several ideas that the DCHWG would like for the Commission to consider for future action in later years, including a possible amendment to the state Fair Housing law to address the statute of limitations for filing design and construction complaints, developing an incentive option plan in line with the 529 Plan model, to encourage parents to save money for the future support and education of children with disabilities, developing a housing trust fund, and developing a community living supplement pilot program in the state.
Mr. Michael Shank then gave an update on activities related to the portability of auxiliary grants, reporting that a plan has been developed to allow for the portability of Auxiliary Grants to pay for housing for consumers who receive case management services from a community services board or behavioral health authority, as required by the Appropriations Act of 2008. The plan limits eligibility to residents of assisted living facilities who meet the residential assisted living level of care criteria, receive an auxiliary grant, have been residents of an assisted living facility for at least 6 months, are receiving Medicaid funded Case Management services from a community services board, and meet the Department of Medical Assistance Services eligibility criteria for Mental Health Support or Intensive Community Care Treatment Services. It is estimated that approximately 300 persons will be eligible in the first year, and 500 in the second year.
November 6, 2008
The third meeting of the Disability Commission for the 2008 interim was held at the General Assembly Building in Richmond on November 6, 2008. Following opening remarks, the Commission heard scheduled presentations.
Emergency Planning
Robert Mauskapf, Director of Emergency Operations, Planning and Logistics at the Virginia Department of Health provided an overview of emergency planning for individuals with disabilities. Mr. Mauskapf explained that hospitals, long term care facilities, and home health agencies are required, by regulations, to have plans for sheltering in place and for evacuating and transporting their patients and supporting their patients' medical needs during such evacuation and transportation. The Department of Health provides guidance and technical assistance to these facilities in creating such plans. Mr. Mauskapf explained that the Department also works with localities to develop emergency evacuation and relocation plans for medically dependent individuals. The Department has assisted with location of shelter facilities for special needs populations, including medically fragile populations and populations with sensory disabilities. The Department has also worked to develop and support the establishment and operation of Public Health and Special Medical Needs state-managed emergency shelters, staffed by medical personnel and equipped with special resources to support individuals with special medical or other needs. Mr. Mauskapf stated that Goodwill Industries has assisted the Department by providing medical equipment to meet the needs of persons in shelters.
Annette S. Kelley, joined by Leslie Knachel and Karen Cullen, provided information on emergency preparedness and response requirements for facilities licensed by the Department of Social Services. Ms. Kelley provided an overview of the populations served by assisted living facilities, adult day care centers, children's residential facilities, and child day centers and some characteristics of these facilities. She stated that facilities of these types are required to have contact with local emergency coordinators in order to understand and evaluate local disaster risk, community-wide plans to address disasters and emergency situations, and any assistance which might be available from the local emergency management office during an emergency. Emergency response plans are required to include analysis of potential hazards, written emergency management policies, notification procedures, shelter-in-place procedures, evacuation and relocation procedures, and procedures for addressing medical, mental health, and missing persons emergencies. Facilities are also required to conduct staff, resident, and volunteer training and practice drills, and to review and revise plans annually. Ms. Kelley concluded by describing the Special Facilities Emergency Operations Plan Review Matrix, which is available online at www.vdem.virginia.gov.
Disability Commission Housing Work Group
Teri Barker-Morgan, representing the Disability Commission Housing Work Group provided additional information on recommendations suggested by the Work Group. Ms. Barker-Morgan explained that the Work Group continued to recommend increasing the Livable Homes Tax Credit from $500 to $1000; writing a letter to members of Virginia's Senate Delegation requesting support of the Frank Melville Supportive Housing Investment Act of 2008; supporting the plan set forth in Report Document 30 (2008) - Auxiliary Grant Portability: A Report on the Feasibility of Restructuring Auxiliary Grants for Certain CSB Case Management Consumers, with the goal of extending the portability of auxiliary grants to all persons qualifying for such grants; and supporting a Joint Resolution encouraging the use of the THA Toolkit with the development of local comprehensive plans. Ms. Barker-Morgan also offered two new recommendations, including a recommendation to amend § 15.2-2225 and § 15.2-2226 of the Code of Virginia to require local planning commissions and local governments to post draft and approved comprehensive plans on a website maintained by the local planning commission or local government to enhance collaboration and regional planning efforts, and a recommendation that the Commission request the Department of Professional and Occupational Regulation to, in collaboration with the Department of Housing and Community Development, use federal HUD grant funds for development and dissemination of a booklet or field manual that would educate builders and building officials about the requirements of ANSI A117.7 (2003), relating to accessibility and usability for persons with physical disabilities.
Review of Recommendations
Following presentation of information and recommendations by the Disability Commission Housing Work Group, the joint subcommittee reviewed recommendations previous received, including the recommendations of the Disability Commission Housing Work Group. With the information before them, the joint subcommittee decided to vote on the recommendations at the next meeting.
December 2, 2008
The fourth and final meeting of the Disability Commission for the 2008 interim was held December 2, 2008 at the General Assembly Building in Richmond.
Disability Navigator Program
Ms. Vicki Tanner and Dr. Joe Ashley, with the Department of Rehabilitative Services, presented information on the Disability Navigator Program. Ms. Tanner and Dr. Ashley stated that the program exists to ensure that the workforce investment system is physically and programmatically accessible to job seekers with disabilities. The Navigator operates as a facilitator, resource person, relationships builder, and problem solving partner for persons seeking employment. Key initiatives undertaken by the Navigator staff include an accessibility survey process and follow-up report, trainings and technical assistance for job seekers, and installation of universal computer workstations and videoconferencing units. Currently, there are 16 Navigator locations in the Commonwealth. These locations are funded though U.S. Department of Labor Workforce Investment Grants and SSA Disability Program Navigator Cooperative Agreements. The Department anticipates at least one more year of federal funding, to equal approximately $575,000. Additionally, the Department reports that it may receive a Medicaid Infrastructure Grant for $70,000. Financial support from the Department is uncertain at this time, due to budget concerns.
Recommendations
Following the presentation on the Disability Navigator Program, the commission members discussed potential recommendations for the 2009 session of the General Assembly. The members decided to recommend:
1) Legislation increasing the per unit cap for the Livable Home Tax Credit from $500 to $1,000.
2) Legislation requiring local planning commissions and localities to post comprehensive plans on a website maintained by the local planning commission or locality, to promote collaboration and increase community awareness and citizen participation in regional planning efforts.
3) A letter to the Senate members of the Virginia Congressional delegation asking for support of the Frank Melville Supportive Housing Investment Act of 2008.
4) A letter to the Secretary of Health and Human Resources requesting the Office to work with the Virginia Association of Counties to encourage the use of the Transportation and Housing Appliance Toolkit in the development of local comprehensive plans.
5) A letter supporting modifications to the Auxiliary Grant program, to increase portability of the grant, as a step towards expanding the portability of Auxiliary Grants for all persons receiving grants.
6) A letter to the Department of Professional and Occupational Regulation, asking the Department to collaborate with the Department of Housing and Community Development, to utilize federal HUD grant funds for development and dissemination of a booklet or field manual that is designed to educate builders and building officials about the requirements of ANSI A117.7 (2003), to address concerns about the statute of limitations on design and construction complaints under the Federal Fair Housing law and Virginia Fair Housing law.
7) A letter asking the Department of Health to consider linking the development of accessible housing to Certificate of Public Need requirements.
