Public Policy Committee Minutes
July 12, 2007

OTHER COUNCIL MEMBERS
Dee Tobias

GUESTS
Cathy Allen
Kathy Bachman
Thomas Ballard
Bob Butler
McKenzie Fox
Eric Rathburn
Anne Snyder
Tim Tobin
Gary Tonks
Cheyenne Wilson

STAFF
Pam Carter
Paul Jarvis
Alea Jones
Robin Shipp
Mary Smithson
David Zwyer

Call to Order:
Chairwoman Adams called them meeting to order at 4:36 p.m. Chairwoman Adams welcomed back Chuck Beatty as serving Vice-Chair of the Public Policy Committee and acknowledge for the record Peter Keiser’s willingness to serve as interim-Vice-Chair.

Chairwoman Adams opened the floor for discussion of the previous meeting’s minutes. Michael Schroeder moved the minutes as proposed be adopted. Ruben Garcia seconded the motion. No discussion was offered on the minutes. A voice vote was taken and the motion passed. Chuck Beatty abstained from the vote.

Reports:
Chairwoman Adams called for the report of the Ohio Olmstead Task Force. Shelley Papenfuse was not available to provide the Ohio Olmstead Task Force report.

Chairwoman Adams called for the report of the National Association of Councils on Developmental Disabilities (NACDD). David Zwyer was not available to provide the NACDD report.

Chairwoman Adams provided the committee with a report on the NASHP. The Ohio Medicaid Program within the Ohio Department of Job and Family Services has received a technical assistance grant to improve developmental screening and follow up care for children ages four through six eligible to receive Medicaid. The NASHP group has met once and broken down into three subcommittees, each consisting of a large number of medical professionals. The group has 15 months to put a plan in place and to advise on the outcomes.

New Business:
Chairwoman Adams moved to the second order of business under New Business, the Public Policy Platform. Paul Jarvis provided the committee with a status report on the 2007 Public Policy Platform and asked committee members to begin to consider any changes they would like to see made to the platform for 2008. The Council is responsible for updating the platform on an annual basis and Paul hopes to have all of the committee platforms ready for a Council vote in December.

Chairwoman Adams reverted to the second order of business under Group Reports, the NACDD report. David Zwyer indicated there was nothing new to report.

Chairwoman Adams reverted to the first order of business under New Business, the Road to Freedom Bus Tour. Paul Jarvis read to the committee a request received from Pam Patula seeking co-sponsorship of the Road to Freedom Bus Tour. The Road to Freedom Bus Tour will feature a history of the “disability movement” and grassroots efforts to change public policies to improve the lives of people with disabilities. The co-sponsor request was for $2,000. Paul suggested the committee could move that $2,000 be used from the discretionary fund to co-sponsor the bus tour’s visit to the Ohio State House on October 19th-20th.

Ruben Garcia stated that he had seen the bus tour in Minnesota and believed it was an excellent item to support because of the information about the disability movement. Joyce Fox asked what the cost of the tour was and how much was being requested. Paul Jarvis clarified that Council was being asked to match a donation of $2,000. Fox asked who else was co-sponsoring. Jarvis stated the Ability Center of Toledo was the only entity that was identified in the request that is supporting the bus tour.

Ruben Garcia moved that Council provide $2,000 out of the Director’s Discretionary Fund to support the Road to Freedom Bus Tour. Chuck Beatty seconded the motion. Joyce Fox asked what the balance of the discretionary fund was at this time. David Zwyer responded that roughly $10,000 was still available in the discretionary fund for the remainder of the federal fiscal year. A voice vote was taken and the motion passed. There were no abstentions.

Chuck Beatty announced that on July 1st, the state of Ohio’s adopted budget included an expansion of the homestead exemption for all homeowners over the age of 65 and all homeowners with a qualifying disability to discount the first $25,000 in home value from the calculation of their property taxes. The deadline to apply for the expanded homestead exemption is October 1st. Chuck stated the state auditor or county auditor should have the forms and information needed to apply.

Chairwoman Adams reverted back to the Ohio Olmstead Task Force group report. Shelley Papenfuse reported that the National Centers for Independent Living was hosting a conference in Washington, D.C. and that many OOTF members were participating. OOTF has also decided to operate a website and will be utilizing a volunteer to create and update the site. OOTF has received updates from Beverly Johnson regarding the Medicaid Infrastructure Grant and the application that has been submitted. OOTF will be participating in an Asset Development Summit in the fall. Shelley and others plan to meet with Crystal Thomas on July 21st to discuss the Money Follows the Person Demonstration Grant.

Committee Legislative Update:
Jane Novick reported for the Health & Employment Committee that MBI was passed into law on June 30th. It contains most of the provisions Council supported and sought. Jane also reported that work on the Dental Hygienist bill continues, but will have to wait until the fall. Some compromise language is in the works to try and bring the Ohio Dental Association on board. Shelley Papenfuse added that a last minute change to MBI included a change to what income can be counted towards eligibility. The change narrowed the income that could be counted towards eligibility to an individual rather than the family, increasing the potential for more individuals to be eligible.

Joyce Fox reported for the Children’s Issues Committee that the Special Education Scholarship and the Joint Taxing District language contained in the state budget were vetoed by Governor Ted Strickland. However, Speaker Jon Husted has publicly stated the House has not ended its efforts to pass a special education scholarship-type bill.

Mary Butler was not available to give the Community Living Committee report.

Staff Legislative Update:
Paul Jarvis provided the committee with a synopsis of disability-related provisions contained in the state operating budget. Paul Jarvis also provided the committee with updated information on House Bill 129 (Meetings by teleconference), where it appears the bill’s sponsor and opponents have each drawn a line in the sand.

The Ohio Legal Rights Service has asked Council to assist them in opposing House Bill 255, legislation that would make changes doctor/patient confidentiality in certain situations where the court is considering guardianship or commitment proceedings. Michael Schroeder clarified the issue would allow courts to avoid paying for an independent medical review, however, as a result, it would mean that individuals obtaining psychiatric treatment would not have safe harbor when seeking treatment out of fear that any information provided to the psychiatrist could be used without the patient’s consent. Staff at the Department of Mental Health has grave concerns about the impact the bill would have on individuals seeking treatment for mental illnesses.

Dave Zwyer has been participating in discussions with the Ohio State Bar Association, judges, Michael Kirkman with OLRS, to talk through this issue. The bill deals with three issues: civil commitment for mental retardation, civil commitment for mental health, and guardianship. The judges participating in the discussion stated that applications for guardianship are typically accompanied by a statement from the family doctor, indicating that is how it is currently done. Interested parties appear to be digging in for a long fight, which could limit the ability of the legislation to move beyond its current stage.

Susan McCrary asked why the legislation was introduced. Dave answered that judges argue that guardianship applications already contain medical documentation and the documentation should be sufficient to make a determination rather than to obtain an independent review at the expense of the court.

Dave Zwyer also indicated the bill would allow a non-profit or public agency to become the guardian of an individual. Right now, for-profit agencies can be a guardian of an estate. Generally, APSI is the only non-profit agency allowed to be the guardian of an individual, but this bill would expand that. Dave expressed a concern about allowing a public agency to be the guardian of an individual.

Paul Jarvis reported that the committee had previously taken a position in support of HR 1809, the Medicare Independent Living Act. He has written a letter to each member of Ohio’s congressional delegation. An action alert had also been developed for CapWiz and posted. However, it was brought to our attention that federal alerts on CapWiz are to be chosen by NACDD. CapWiz has indicated that we could place a state-specific federal alert. Dave and Paul plan to pursue a solution to the problem.

Paul Jarvis reported activities on the federal budget continue to occur. The House Labor, HHS, Education budget proposes a $5 million increase for State Councils on Developmental Disabilities. The Senate Labor, HHS, Education also proposes a $5 million increase plus additional funds for Projects of National Significance and for the University Centers of Excellence on Disabilities. There still remains a question on whether President Bush will veto these spending bills because they exceed his requests. Advocates will be educated on the budget issues and encouraged to contact their federal policymakers in support of this funding level.

Jarvis reported the Money Follows the Person working groups are beginning full work now that the state budget is completed. Mary Butler clarified the next Rebalancing Working Group meeting is scheduled for July 30th.

Paul Jarvis reported the request for proposals on the DD Council Center for Public Policy has been sent out and there have been three inquiries into the DD Council office on this proposal.

Cynthia Walker asked if the DD Council Centers for Public Policy are regularly updated with the reported information. Paul Jarvis indicated that he attempts to keep them as up to date as possible.

State Plan Language:
Chairwoman Adams opened the floor for discussion on the state plan language for the Legislative Event(s). Paul Jarvis indicated that Council staff requested a change in the funding allocation for the legislative event so that an evenly rounded number could be awarded. The staff requested the change to align this grant with all of Council’s other grants to aid in tracking of fiscal activity. The change will result in an increase of $29 to the grant.

Jane Novick asked a question about the 10 percent set-aside language contained in the grant. She sought clarification as to whether the existing grantee would be allowed to utilize those funds themselves. Paul Jarvis indicated the set-aside could only be used to support a separate event when directed by Council.

Jane Novick asked why the set-aside language was contained in the grant. Paul Jarvis responded the committee requested the set-aside language when drafting the plan language. It was stated the set-aside language was intended to provide flexibility to the Public Policy Committee in determining other events to support.

Chairwoman Adams asked whether the language should be changed to clarify that the set-aside funds be spent as determined by the Public Policy Committee. Dave Zwyer indicated that most other committees would not attempt to direct these funds, however, that Executive Committee may have some authority to do so. Dave suggested the language could be changed to clarify that the Public Policy Committee be the entity that makes a recommendation to full council on how to spend the set-aside funds.

Cynthia Walker recommended the plan language clarify the legislative event is a DD Council event. It is her belief the most recent event wasn’t clearly billed as a Council event. David Zwyer responded that this issue was discussed at the last meeting. There are two choices: have the current grantee as a partner or have it strictly as a Council event. It is believed that if the second option is chosen, the current grantee will not continue their efforts on this project.

Joyce Fox moved that the legislative event plan language be accepted with the following changes: the federal funding amount be increased to $42,600, and the set-aside language include a statement clarifying that the 10 percent funds can only be spent when directed by the Public Policy Committee and approved by Council. Mary Butler seconded the motion.

Chuck Beatty asked a question about the permissive nature of the language contained in the set-aside. Because it includes the term “may”, does that indicate the grantee can spend the funds if there is no direction by Council? Paul Jarvis responded that the permissive nature of the language was for Council’s benefit and not the grantee’s benefit. The grantee will always be responsible for maintaining the 10 percent set-aside of funds.

Jane Novick asked whether it would be better to remove the set-aside funds from the grant and to make it a stand-alone project or if it would be better to use these funds through an allocation process. Michael Schroeder stated the committee can maintain control of the funds by utilizing the current set-aside language. Mary Smithson stated an allocation would require a separate proposal and grant review.

Michael Schroeder moved that the debate on the motion be closed and the question be called. Peter Keiser seconded the motion. A voice vote was taken and the motion was passed. Diane Koehler abstained.

A voice vote was taken on the motion to accept the legislative event plan language with the previously stated amendments and the motion passed. Chuck Beatty and Michael Schroeder voted against the motion. There were no abstentions.

New Business:
Paul Jarvis announced that Cathy Allen, the legislative liaison for the Ohio Department of MR/DD has tendered her resignation effective August 17th.

Chairwoman Adams reverted to the first item under Old Business, Committee Legislative Updates. Mary Butler reported the Community Living Committee reviewed their public policy platform and identified some needed additions, S. 799 – the Community Choices Act.

Joyce Fox moved to adjourn. Michael Schroeder seconded the motion. Without objection, the committee adjourned at 5:37 p.m.

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