The Arc of Bismarck

Legislative Information Resources

The Arc of Bismarck's 2011 Advocacy Platform

62nd Legislative Assembly

This bill provides for a mental health and substance abuse services pilot voucher payment program and would provide for a report to legislative management.

The enrolled version of this bill has various components; Section 1 changes the term "mental retardation" to "intellectual disability" in section 15.1-32-01 of century code, Section 2 makes the inclusion of medical professionals on multi-disciplinary teams optional and Section 3 requires schools to obtain parental consent before accessing public or private insurance to pay for the cost of a student's medically related disability. This bill eliminates archaic language, makes the composition of IEP teams more flexible and allows parents to allocate appropriately for health care costs.

The engrossed version of this bill provides business incentives in the form of state/local government funds for building and remodel projects for accessibility improvements. Section 1.1 provides for accessibility exceptions for businesses receiving less than $100,000. Section 1.2 provides businesses the opportunity to be waived from making public areas accessible, if it is considered to be economically imprudent. Section 1.3b contains the definitions for "wheelchair-accessible". This bill conflicts with the Americans with Disabilities Act. The Arc supported the bill's concept, but suggested the waivers be removed in the following areas: $100,000 limitation, economically imprudent limitation and the bill use the ADA's definition for accessible. If amendments were adopted to address the aforementioned concerns, the bill would have been fully supported by The Arc.

This bill increases the net income eligibility limit for the Children's Health Insurance Program (CHIP) from 160% to 250% of poverty level and makes the implementation date contingent on approval from the centers for Medicaid/Medicare and the allotment of federal funds.

The enrolled version of this bill contains the Department of Human Services' budget. The total appropriations were: $78,880,886 for Management, $2,229,974,706 for Programs & Policy and $286,870,639 for Human Service Centers & Institutions. The total appropriation was $2,595,726,231 of which $925,513,799 was from general funds. The budget passed by the legislature is $15,298,677 less than proposed by the governor.

The enrolled version of this bill contains the Protection and Advocacy Project's budget. The total appropriation was $5,104,253 of which $1,985,365 was allocated from general funds. The budget passed by the legislature is $35,000 less than proposed by the governor. No full-time equivalent positions were added.

The enrolled version of this bill allows examinations for involuntary commitment to be done through the use of telemedicine technology.

The enrolled version of this bill directs the Department of Human Services to create a prospective developmental disabilities service providers payment system through a pilot project.

The enrolled version of this bill deals with newborn disease screening & research regarding metabolic and genetic diseases. Additionally, it requires that written information be provided to parents on the nature of testing.

The enrolled version of this bill would make it illegal for individuals to provide adult foster care services if they have had a license denied or revoked, unless the Department of Human Services subsequently issues them a license. Additionally, the bill directs Legislative Management to study the exploitation of vulnerable populations and declares section one to be an emergency measure.

The enrolled version of this bill deals with treatment of individuals with contagious tuberculosis.

The engrossed version of this bill changes the original intent of the bill; it now directs Legislative Management to study the feasibility and desirability of providing Workers' Compensation for mental injuries.

The enrolled version of this bill deals with criminal history record checks of counselors and fees payable.

The enrolled version of this bill repeals Century Code that contains the Developmental Disabilities Loan Fund and transfers outstanding balances ($1,293,211) to the Bank of ND. Any proceeds earned will be deposited in the common schools trust fund. The Bank of ND intends to develop a different program specifically for providers with competitive rates in-house.

This bill provides an exemption of sales and use tax for thrift stores owned by nonprofit organizations.

The enrolled version of this bill largely utilizes People First Language and removes the words "mental retardation" and "mentally retarded" from state statute. This bill is comprehensive and provides guidelines for future legislation, while not altering services or eligibility for individuals with a disability.

This bill deals with the State Department of Health's food program for individuals with metabolic diseases.

The enrolled version of this bill provides an appropriation of $110,000 for case management services to people with Traumatic Brain Injury in the eastern portion of the state during the 2011-2013 biennium.

The enrolled version of this bill establishes a housing incentive fund at the Bank of ND; this fund can be used by developers for gap assistance, matching funds and accessibility improvements, etc. and would allow for a tax credit. This fund will provide opportunities for low to moderate income families and individuals (this includes most people with disabilities) to obtain affordable housing, developed through this fund, which has an effective and expiration date.

The engrossed version of this bill provides for a study and the development of a plan by the Department of Human Services for restructuring the human services delivery system in the state.

This bill creates a moratorium on granting licenses to new intermediate care facilities for individuals with intellectual disabilities.

The engrossed version of this bill increases the net income eligibility limit for the Children's Health Insurance Program (CHIP) from 160% to 200% of poverty level and provides an effective date.

The enrolled version of this bill allows the state to make direct purchases (non-competitive) from work activity centers and provides a purpose statement. The engrossed version is improved, but there should be a statement in the bill in regards to competitive wages and integrated work settings, without an amendment The Arc of Bismarck and Cass County oppose this bill.

This enrolled version of this bill allows the Department of Human Services to use up to $200,000 from its appropriation to establish a regional autism spectrum disorder centers of achievement pilot program during the 2011 – 2013 biennium. It also suggests Legislative Management conduct a study on autism.

The enrolled version of this bill allows the Department of Human Services to establish an early childhood services inclusion support services grant program. Focus areas include increasing staff ratios, adapting service settings to meet the needs of children with disabilities, information and training for staff, program adaptations and establishing care plans to address health needs. An appropriation of $50,000 is allocated for the 2011 – 2013 biennium.

The enrolled version of this bill states that federal health care reform legislation is likely unconstitutional, that the legislative assembly can enact any measure to prevent enforcement of health care reform and that no provision of health care reform can interfere with choice of medical or insurance providers.

The engrossed version of this bill provides an income tax credit for business that increase the net number of new individuals with disabilities employed. The tax credit can be obtained over 3 years with decreasing amounts provided.

This bill provides an appropriation to the Department of Human Services for implementing programs associated with the family impact initiative.

Support HCR 3010

The enrolled version of this concurrent resolution directs Legislative Management to study passenger rail service within the state, including options for the implementation of a service route in the southern part of the state. This study has the potential to provide enhanced travel options for people in the south looking for affordable interstate travel.

Support SCR 4006

This resolution repeals an article of the constitution that imposes a poll tax and makes derogatory references to people with intellectual disabilities.

Support SCR 4010

The enrolled version of this resolution provides for a study of the adequacy of governmental services, including judicial services, to respond to issues relating to an aging population, including veterans, and to study the efficacy of statutes governing public administrator services and methods for the timely and effective delivery of guardianship and public administrator responsibilities and services.

The Arc of Bismarck's 2009 Advocacy Platform

61st Legislative Assembly

This bill contains the Department of Human Services Budget.

This bill contains Protection & Advocacy's Budget.

This bill creates a dementia care services program.

This bill provides for the development of a program for services to transition-aged youth who aren't currently served by programs; this would allow for transition-aged youth to be served using the wrap-around process. Additionally, the Department of Human Services will appropriate money out of its current budget, but also through grants and donations.

This bill requires that print material such as text books are provided in alternative formats to students with disabilities and would make the ND School for the Blind serve as the national instructional materials access center. Benefits of this bill would include maximizing access of materials to individuals with disabilities including those with physical limitations, it would be more efficient and cost effective, and it would also function as a single point of entry in ND for these services.

This bill provides for child care assistance, including in-home care for children with disabilities.

This bill changes the definition of a disability.

This bill provides a tax credit for individuals who purchase Long-term Care partnership plan insurance coverage. The benefits of this bill are that it would act as an incentive for individuals to buy LTC insurance, which would protect individual assets and protect ND by weaning dependency on Medicare. LTC insurance also encourages personal responsibility and is less intrusive.

This bill requires retailers and other public establishments, which do not have public restrooms to allow individuals with certain disabilities and conditions to use an employee only restroom.

This bill establishes an affordable housing fund, with priority given to projects for individuals with 30% or less of the median income and households with special needs. It also allocates funds towards making accessibility improvements and establishes an advisory board with a disability advocate.

Support HB 1276 (w/Amendment)

This bill establishes $1 million for a grant program focusing on afterschool learning programs. The Arc suggested the committee consider adding specific language to the bill in order to address the problem of inclusion.

This bill deals with irrevocable trusts.

This bill repeals the law requiring majority ownership of a pharmacy by an independent pharmacist.

This bill creates an Early Childhood Services Board.

This bill establishes and appropriate funds to an Aging and Disability Resource Center as a single point of entry.

~House FAILED TO PASS

This bill increases the allowable amount individuals on Medicaid can set aside for funeral expense from $5,000 to $6,000.

This bill increases poverty level in the State Children's Health Insurance Program (SCHIP) from 150% to 200%.

This bill allows and provides an appropriation for the Department of Human Services to conduct a study of public and private developmental disability provider rates.

This bill provides for a legislative council study of voucher use and provider choice for clients in human service programs.

This bill requires that long-term care facilities notify residents in writing prior to discharge or transfer to another facility. I requested an amendment stating alternative formats are necessary to make written notices accessible to all individuals. Rep. K. Conrad asked that P&A work on drafting language for the amendment. The amendment was not adopted.

This bill clarifies which states have jurisdiction and limit time and money spent in court in regards to adult guardianship and protective proceedings.

This bill prohibits unfair compensation practices and incentives used by insurance companies.

This bill requires background checks on direct care staff, providers, childcare attendants, people employed by the hospital, etc.

Support SB 2128 (w/Amendment)

This bill deals with the membership of the Upper Great Plains Transportation Institute Advisory Board. The Arc suggested adding a self-advocate to the board, this action was not taken.

This bill provides for the development and maintenance of a TBI registry and provision of services to individuals with TBI.

This bill changes the term "assistance dog" to "service animal" and update current law to adopt language from the 2008 Americans with Disabilities Act in reference to having service animals in public places. A new section of this bill would define penalties for killing or injuring a service animal.

This bill creates two pilot projects focused on coordinating fragmented transportation services ND currently has in place.

This bill allows for a nonprofit thrift store with 501(c)(3) status to be exempt from sales and use tax.

This bill allows for an income tax credit to employers of individuals with disabilities.

This bill makes it mandatory for elementary and secondary students to engage in movement and exercise. The Arc proposed an amendment adding inclusive language; the amendment wasn't adopted.

This bill directs the legislative council to conduct a study on involuntary mental health commitment procedures.

Support SCR 4009

This concurrent resolution directs the Legislative council to study the adequacy of governmental services and methods for the aging population and the effective delivery of guardianship services.

Support SCR 4010

This resolution directs the Legislative Council to conduct a study on mass, public, and special needs transportation, for the creation of a passenger rail/bus system in the state.

Support SCR 4025

This is a resolution which proposes a study of the feasibility and desirability of transferring the property of the State Hospital from the Dept. of Human Services to the Dept. of Corrections. This resolution also includes the possibility of contracting with hospitals so that individuals with mental illness would be treated in their hometowns.