Disability Community SFY’11 Budget Restorations Compromised Reached
From the Office of The Governor: PRESS RELEASE, June 22, 2010
Trenton, NJ - The Legislature today reached a bipartisan consensus in support of Governor Chris Christie's budget plan to close an unprecedented $11 billion deficit without raising taxes. The budget fulfills Governor Christie's commitment to make the necessary and tough choices to solve the state's fiscal crisis and begin the fundamental reform necessary to grow New Jersey's economy and create jobs. Furthermore, the Governor found additional cost savings that will restore critical funding aimed at protecting New Jersey's most vulnerable citizens.
"This budget stays true to the principles I originally outlined, keeping spending within our means and restoring fiscal order without raising taxes. This budget lays the foundation for necessary long-term reforms that will help New Jersey recover from today's economic and fiscal crisis," Governor Christie said. "At the same time, as difficult as this process has been, we dedicated ourselves to identifying further budget savings in order to restore funding for programs that serve the most vulnerable New Jerseyans.
Governor Christie and the Legislature identified $74 million in additional cost-savings within the budget that will make it possible to restore funding for the following programs:
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Funding For General Assistance: $21,995,000
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Supplemental Security Income / Personal Needs Allowance For Community-Based Developmental Disabilities Clients: $10,282,000
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Personal Assistance Home Care: $9,669,000
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Sheltered Workshops for People with Disabilities: $3,000,000
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Respite Care: $800,000
From News from The Senate / Assembly Democrats: PRESS RELEASE, June 22, 2010
Sweeney & Oliver Announce Budget Compromise
(TRENTON) -- Senate President Stephen M. Sweeney and Assembly Speaker Sheila Y. Oliver on Monday announced that they have reached a compromise with Gov. Chris Christie on a state budget that will restore cuts to some programs that impact the state's most vulnerable residents.
The Senate and Assembly budget committees will convene later this week to clear the measures, with final votes scheduled for Monday, June 28.
Autism New Jersey will continue its advocacy for and vigilance of the implications of the SFY'11 Budget on the autism community as additional information becomes available.
Proposed Changes to Contribution to Care in the FY2011 State Budget
What is “Contribution to Care”?
Individuals with developmental disabilities receiving residential supports and services through the Division of Developmental Disabilities are currently required to contribute to the "cost of their care and maintenance."
Current status for individuals contributing to “cost of their care and maintenance”?
At present, these individuals must turn over 75% of their unearned monthly income (SSI) to the state. In addition to the remaining 25% of their income, they are allowed to keep $40 as a "personal needs allowance" (PNA)
What are some examples of what individuals use their PNA for?
Individuals need this money to purchase a variety of personal items (such as over-the-counter medications, feminine hygiene products, etc.), services (such as haircuts, recreation and transportation), and monthly expenses (phone and cable - for those living in their own apartments).
What is proposed?
One of the proposals in Governor Christie's budget will result in a decrease in the amount of money that people living in group homes and supervised apartments will have on a monthly basis to spend on their personal needs.
Real-life impact?
The proposal would increase the PNA to $100. While the $100 is a significant increase from $40, this will still be a substantial decrease in the amount of money most individuals have on a monthly basis and will make it very difficult for them to be able to get by.
Example in real terms
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Current Contribution to Care
(75% of unearned income and $40 PNA)
Full SSI Benefit $674
Personal Needs Allowance (PNA) minus (-) $40
Balance = $634
Contribution to Care $475.50 (which is 75% of $634)
Total Net Monthly Income = $198.50 ($40 PNA + 25% of $634)
Proposed Contribution to Care
(100% of unearned income and $100 PNA)
Full SSI Benefit - $674
Personal Needs Allowance (PNA) minus (-) $100
Balance = $574
Contribution to Care $574 (which is 100% of $574)
Total Net Monthly Income = $100 (PNA only)
Difference (real-life impact) if the proposed “Change to Contributions” budget cut goes through?
A decrease of TOTAL NET MONTHLY INCOME from $198.50 to $100.00 - $98.50 less PER MONTH.
Autism New Jersey wants, and needs, the input of its members on this issue. Once funding is cut; chances are it will not be restored! However, no resident of the State wants New Jersey to be insolvent and drive our officials to harsher, more devastating cuts. Where do you stand? Your comments will be important to Autism New Jersey’s public policy agenda.
Please respond by Friday, June 18th by emailing your comments to Director of Public Policy:
rtitus@autismnj.org
Central Registry of Offenders Bill Signed into Law
P.L.2010, c.5, which was passed by both houses of the Legislature on February 25, 2010, establishes a registry of offenders of individuals with developmental disabilities in the Department of Human Services (DHS). Governor Christie signed it into law on April 30, 2010. The legislation will create a confidential, statewide registry of paid caregivers who have been determined to have abused, neglected, or exploited any service recipient of the DHS’ Division of Developmental Disabilities (DDD).
“This new law,” in the words of Governor Christie, “will prevent these custodians from gaining re-employment or continuing participation in human services funded programs.”
“We owe it to our most vulnerable residents to ensure they are given protection from unknowingly being placed in the care of an abuser,” said a visibly-moved bill sponsor Senate President Sweeney, himself a parent, at the bill signing.
Human Services Commissioner Jennifer Velez credited the Governor and state legislators for taking “…action that this department has advocated for and supports.”
The Bill was generally known as “Tara’s Law” after Tara O’Leary, a developmentally disabled resident of a sponsor home in Bloomsbury whose death in 2008 was recalled by Bill sponsor Senator Jennifer Beck:
“What happened to Tara is a tragedy, and we must do all in our power to keep others from her fate.”
The new law becomes effective in 180 days and requires the DHS Commissioner to report to the Governor and Legislature in two years regarding the effectiveness of the registry.
Sponsors of the Bill (S825/A2038) were as follows:
Sen Stephen M. Sweeney (D -3) as Primary Sponsor
Sen Jennifer Beck (R-12) as Primary Sponsor
Asm Angel Fuentes (D-5) as Primary Sponsor
Asw Valerie Vainieri Huttle (D-37) as Primary Sponsor
Asm Ruben J. Ramos, Jr. (D-33) as Primary Sponsor
Asm Frederick Scalera (D-36) as Primary Sponsor
Asw Linda R. Greenstein (D-14) as Primary Sponsor
For detailed information visit:
Copy of P.L.2010, c.5
http://www.njleg.state.nj.us/2010/Bills/S1000/825_I1.PDF
Media coverage:
NJN News
http://www.njn.net/television/webcast/njnnews/friday.html
Star Ledger
http://www.nj.com/news/index.ssf/2010/04/gov_christie_signs_law_to_crea.html
Governor Chris Christie Vows to Fight for NJ Children with Autism
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Governor Christie visited a developmentally disabled therapeutic center in Warren Township on April 1 in honor of World Autism Awareness Day and pledged to improve the partnership between the public and private sectors to aid children with autism.
Photo Right:
Autism New Jersey Director of Public Policy, Bob Titus greets Governor Chris Christie
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“We should be the leader in the country of how the public and private sectors work together to better the level of education for these children,” Christie told parents at the Child Centered Therapeutics on Stirling Road. "There are a lot of people in the dark out there looking for the light switch and we need to help them.”
Photo Left:
Governor Chris Christie takes a moment for a photo with Genare Valiant (son of Autism New Jersey Board Vice-President, Gino Valiant)
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Click here to read more.
Senator Menendez Highlights Legislation Included in Health Care Insurance Reform that Provides Coverage for Behavioral Health Treatments
April 1, 2010
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NEW BRUNSWICK, NJ - Today, U.S. Senator Robert Menendez (pictured right with Autism New Jersey Executive Director Linda Meyer (r) and Autism New Jersey Clinical Director Suzanne Buchanan (l)), a staunch advocate for those with Autism and their families, was joined by U.S. Congressman Frank Pallone, Jr., Dr. Sandra Harris, Founder and Executive Director of the Douglass Developmental Disabilities Center, advocates, and parents, to commemorate the beginning of Autism Awareness Month.
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"While we must all become more aware of the unique needs challenges faced by those touched by autism, we must also respond with policies and supports that address those challenges,” said Linda S. Meyer, Executive Director, Autism New Jersey. “Families need access to evidence-based treatments based upon the principles of applied behavior analysis, and Senator Menendez responded by ensuring that it was an essential health benefit in the reform bill. We applaud him for his extraordinary work and continued commitment to families impacted by autism."
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Click here to read the official press release.
Health Reform Bill Becomes Law
Bill Includes Menendez Provision Regarding Coverage For Behavioral Health Treatments
On Tuesday, March 23, 2010, President Barack Obama signed into law H.R. 3590, the “Patient Protection and Affordable Care Act.” This sweeping heath care reform legislation has generated a great deal of attention across the country over the past year. As families continue to review this new law and consider its impact on their own lives, it is important to note the importance to all individuals affected by autism.
New Jersey Senator Robert Menendez is a Member of the Senate Finance Committee, which played a large role in crafting the bill that became law today. Included among the amendments was a provision requiring insurance plans to provide behavioral health treatments. Plans in the health insurance exchange created by the bill will be required to cover behavioral health treatments as part of the minimum benefits standard. For example, applied behavior analysis (ABA) is a behavioral health treatment for individuals with autism. Unless behavioral health treatment is explicitly spelled out as a covered benefit, people with autism would otherwise not be likely to receive this comprehensive care.
Upon passage, Senator Menendez said in a statement, “From the beginning, we approached this historic legislation with one simple truth in mind: good, affordable health insurance should be a right, not a privilege for the wealthy. The health of American families should never be viewed simply as a commodity used to maximize profits. Yet, millions of families struggle every single day with health insurance that is unaffordable, unreliable or unavailable. Today, we have accomplished insurance reforms sought for generations that will protect the health and economic security of our families and our nation in three main categories.
“First, we will finally have common sense rules that will protect families from insurance company bureaucrats who deny claims or deny coverage to protect a corporate bottom line. Second, we are finally helping regular, hard-working families, seniors and small businesses to better afford health insurance, including the greatest middle class health care tax relief in history. Third, we are finally providing quality and affordable coverage through insurance choice and competition for 30 million Americans who have been laid off or aren’t offered insurance by their employer.”
Autism New Jersey continues to analyze this new law, and in particular those provisions of greatest relevance to those we represent. We thank Senator Menendez for his leadership in offering this amendment. We look forward to continuing our work with him, Senator Lautenberg and the members of the House of Representatives who are committed to improving the quality of life for those affected by autism.
State Launches New Autism Training Curriculum for First Responders
Autism New Jersey Led Effort in State Capitol To Pass Law Requiring Training
The New Jersey Department of Health and Senior Services has announced that new Developmental Disabilities Awareness Training for New Jersey's First Responders is now available, achieving a major objective of families with loved ones affected by autism spectrum disorders. The online training is required by P.L. 2008, C. 80, a statute that Autism New Jersey helped craft and shepherd through the legislative process in Trenton.
All NJ first responders must complete the course at www.NJLearn.com in order to receive credit as required by the new law. The course can also be supplied to first responders by the Department of Health via CD.
The Commissioner of Health and Senior Services and the Commissioner of Human Services, in consultation with Autism New Jersey, the New Jersey Fire and Emergency Medical Services Institute and the New Jersey State First Aid Council, developed the training curriculum with the purpose of informing emergency responders of the risks associated with autism and other developmental disabilities, as well as providing instruction in appropriate recognition and response techniques concerning individuals with these disabilities. The curriculum is incorporated into existing time requirements for training and continuing education of emergency responders.
Primary sponsors of this important legislation in the Assembly were former Assembly Speaker Joseph J. Roberts, Jr. (D-Camden) and Assemblymen Frederick Scalera (D-Essex) and Paul D. Moriarity (D-Camden, Gloucester). Sponsors in the Senate included Senators Loretta Weinberg (D-Bergen) and Robert M. Gordon (D-Bergen).
Upon passage of the law in 2008, Weinberg said, “In an emergency situation, every second counts and the knowledge that a person is affected by autism can mean the difference between life and death.”
Under the law, new EMTs, volunteers and paid firefighters and local police officer recruits are required to complete the training as a condition of certification. EMTs, firefighters and police officers currently licensed in New Jersey are now required to complete the training as a continuing education course within three years of the bill’s enactment date.
“Through its policy and government relations efforts, Autism New Jersey played a vital role in the enactment of this new requirement, and in shaping the curriculum itself, said Executive Director Linda Meyer, Ed.D., MPA, BCBA-D, CPT. "Our focus is to be the voice for families, to assist them in improving their lives. We heard the call for this new training from our constituents, and we responded."
"We commend the work of Kathleen Lutz, MSN, CPNP (Office of Emergency Medical Services) at the New Jersey Department of Health Senior Services, and all those dedicated professionals who worked so hard to create this curriculum. We don't know yet how many lives it will impact for the better, but we know it will make a difference in our communities."
The Official State of New Jersey website https://www.njlearn.com/ (New Jersey Homeland Security Emergency Responder Training Center)
Day Services Funding for the 2010 Graduates
DDD will be able to fund day services for 2010 graduates, assuring either a traditional or self-directed program and pending approval of the Governor’s 2011 budget. More importantly there will be a line item in Division of Developmental Disabilities (DDD) annual budget.
As many of you know, Autism New Jersey has been a leading force in the advocacy effort to secure a “MANDATORY GROWTH PROVISION,” ensuring funding for current and future graduates. We celebrate today’s announcement and victory on behalf of all graduates and their families. In light of the positive outcome of the announcement of funding for the 2010 graduates, it is apparent that our State Legislators, the Governor’s Office, and DHS Commissioner Jennifer Velez respected and responded to this critical advocacy issue.
Chronology for the Graduate Funding:
Prior to 2004
In subsequent years, the Budget did not include such a direct line-item, but DDD directed available funds to this purpose.
2004
DDD initiated a unique outreach effort to identify and educate families of school-aged students with disabilities, before they leave school, in order to create a more seamless transition from school to adult services. Such planning allowed for the greatest likelihood of independence for the student. The initiative included a line item in the State Budget.
2008 & 2009
Graduates with autism and developmental disabilities continued to exit the school system with no assurance that the day services and supports they needed would be available. Autism New Jersey and other stakeholders responded, seeking accountability for DDD to direct available funds to this purpose. DDD eventually directed funding to this purpose.
2010
In the beginning of March 2010 the issue of the lack of committed funding for the June graduates surfaced once again and advocacy ensued. Now, in mid-month, we are pleased to announce that DDD has proposed to fund day services for 2010 graduates.
New Jersey’s Autism Insurance Reform Bill – Are You Covered?
On August 13, 2009, New Jersey’s Autism Insurance Reform Bill, P.L.2009, c.115 was approved. On that date, New Jersey became the fifteenth state in the nation to enact Autism Insurance Reform requiring state-regulated health benefits coverage for certain therapies to treat autism and other developmental disabilities.
Does this law apply to me?
Approximately 25% of New Jerseyans have this type of plan.
How do I figure out if I have a state-regulated plan?
To determine if your plan is covered by the new law, see below.
I have a state-regulated plan. When can I expect these benefits?
Existing policy holders’ benefits will go into effect on their first renewal date on or after February 9, 2010. All new policies issued after February 9, 2010 will include this benefit.
The first question you may ask is, “AM I COVERED?” It is essential to know whether you have a (a) state-regulated plan or (b) federally-regulated or “self-funded” plan.
Suggestion 1: Call your Benefits Plan Administrator
Autism New Jersey’s first suggestion is to contact your Benefits Plan Administrator. You can obtain this number from either your insurance card or member policy booklet. Your Benefits Plan Administrator is qualified to answer this question. This is an important first question to ask because only individuals who are covered by a full state-regulated health plan issued in the State of New Jersey will be covered by the Autism Insurance Reform Bill, P.L.2009, and c.115.
Suggestion 2: Refer to Your Insurance Policy Booklet
Go to the Index and then to the “Appeal/Grievance Section.”
If you are referred to New Jersey’s Department of Banking and Insurance (DOBI) (or to the New Jersey Department of Health & Senior Services (DHSS) in the instance of an outdated booklet), more than likely you are covered by a state-regulated plan.
Or, perhaps you are referred to the U.S. Department of Labor and the Employee Retirement Income Security Act (ERISA) is mentioned, you most likely are covered by a federally-regulated or “self-funded” plan that is not covered by this law.
Important: Do not be misled by the fact that your plan refers to a well-known insurance company. Insurance carriers can offer both state- and federally-regulated plans. Learn more about your benefits by using the suggestion above and the resource below.
Additional questions can be directed to:
To Your Health Program
Community Health Law Project
888-838-3180
www.chlp.org/programs
The State Department of Banking and Insurance Issues a Bulletin Regarding the Autism Insurance Law
Many of the items that Autism New Jersey advocated for are included.
On January 14, the State Department of Banking and Insurance issued a bulletin regarding the autism insurance law. This bulletin provides guidance to insurance carriers on how to implement this law beginning on February 9th. (Regulations will follow at a later date.)
Here are the main points:
- Coverage for expenses incurred in screening and diagnosing autism or another developmental disability;
- Coverage for expenses incurred for medically necessary behavioral interventions (ABA) for the treatment of autism in individuals under 21 years old, and that the $36,000 cap may not be applicable;
- Benefits for ABA services provided or supervised by BACB certificants (BCBA and BCBA-D)
- Coverage for expenses incurred for medically necessary physical therapy, occupational therapy, and speech therapy services for the treatment of autism or another developmental disability;
- Carriers must provide the coverage without consideration of whether the services are “restorative;”
- Autism is defined as autism spectrum disorders;
- Benefits for the coverage of the “Family Cost Share” expense incurred for certain services obtained through the NJ Early Intervention System.
These guidelines will likely have a substantial impact on availability of reimbursement for providers and most importantly, children’s access to ABA and other necessary therapies.
To access this bulletin, click here. Your health insurance plan may or may not fall under this new law. Please call 800.4.AUTISM for more information and guidance.