Join the Legislative
Action Center
and sign up for Action Alerts!

The Arc, Upper Valley
2009/2011 Biennium Legislative Session

Issues surrounding inclusion/least restrictive are of a very high priority.  People with intellectual disabilities are entitled to educational services, community living, employment, leisure time, social activities and multiple other services, all of which should be delivered in an inclusive/least restrictive setting.

Governor Hoeven’s budget for the 2009/2011 Biennium is a budget we can support:
  • Community service providers are budgeted to receive increases of 7% in 2009 and 7% in 2010. We will be asking for an additional $2.00 per hour equity increase and an increase in fringe benefits from 33% to 36% for community service providers.
     
  • Dentists were funded at a minimum 75% of average bill charges. They are also budgeted to receive 7% inflationary increases each year of the biennium.
     
  • Increased the Medically Needy Income Levels - currently ND is at 58% of poverty for household size of one; this will bring ND to 83% of poverty for household size of one. *2008 HHS Poverty Guidelines for a household of one is $10,400
     
  • Raised income level for the State Children’s Health Insurance Program (SCHIP) from 150% to 200% of the poverty level (net income).
    *Poverty Guideline for a family of four is $21,200.
     
  • Personal Needs Allowance - ICF/MR - for individuals who reside in an ICF/MR facility will increase the allowance from $50 to $60 per month. We will request $50 to $75 per month. Basic Care is requesting an increase to $100 per month.
     
  • Intense Medical Needs/Family Homes - This covers children with developmental disabilities and intense medical needs who live in family homes. Residential service providers for these children received an increase in 2007. The budget increases the maximum reimbursement in a family home.
     
  • Autism Spectrum Disorder Waiver - provides for a waiver for birth to age 5; 30 slots; adds 1 FTE.
     
  • Developmental Center budget includes the CARES Team with one behavioral analyst at the Developmental Center and four in the field. *This will help people stay in the community rather than going to the institution to receive services.
     
  • The Medicaid budget includes a change for adults to have an eye exam and new eyeglasses, if needed, every 2 years.  Currently, it’s every 3 years.
     
  • The budget includes a planned increase for community services for 22 individuals each year of the biennium for students graduating out of special education. It also includes individuals moving from the Developmental Center to the community. *The rate of deinstitutionalization is inadequate.  See the report “Closing the North Dakota Developmental Center: Issues, Implications, Guidelines.”
     
  • The corporate guardianship contract for individuals with developmental disabilities is fully funded at $1.7 million.
     
  • Fixed the ISLA administrative reimbursement that was a disincentive to moving people to a least restrictive environment.
     
  • Increased funding for SLA services for people not screened eligible for DD services (Section 11 funds) from $200,000 to $297,000,
     
  • Hospice for Children - provides for a waiver so that children can continue to receive treatment and services while receiving hospice, if needed; 30 slots.

Legislative Updates

 Study directives made by The Legislative Council for the 2009/2010 Interim
posted 6/4/2009

2009 Disabilities Related Legislation - Final Update
updated 5/15/2009

Legislative News

HR 1255 (Barney Frank Bill)
The Arc of the United States does not support HR 1255.

HR 1255 Fact Sheet

Talking Points

Letter of non-support

Needed, but not in the Governor’s Budget:

1. Critical Need Staffing Increases: As people age, often times their needs increase. Staffing increases have not been available from the DHS to adequately address those needs. Additional funding is required for complex behavioral and medical care.

         DD staffing to meet critial needs:  General Funds   $2.3 Million
                                                         Federal Funds    $3.0 Million
                                                         Total Funds      $6.3 Million                                           

2. Wages, Fringe Benefits, and Equity Increases for Community Residential Service Providers: An equity increase of $2.00 per hour is needed to turn the tide on staff turnover.  Fringe benefit increase from 33% to 36% is needed to cover rising health care cost.

                     General Funds   $10.5Million
                     Federal Funds   $18  Million
                   Total Funds     $28.5 Million                                                     

3. Deinstitutionalization of the State Developmental Center: See the report “Closing the Developmental Center: Issues, Implications and Guidelines” and the Executive Summary of “Developmental Disabilities in North Dakota 2009.”

4. Repeal the 4.5% Excise Tax on the gross sales of bingo cards and pull tabs. Chairites need this tax cut to help fund their mission, and to defray the cost of operating charitable gaming.

Click here for a printable version of the above.

The Arc, Upper Valley
2500 DeMers Avenue   PO Box 12420
Grand Forks ND 58208
(701) 772-6191 Phone
(701) 772-2195 Fax