Donovan A. Fornwalt - Director of Governmental Affairs & Disability Policy
In the depths of one of the most difficult budgets in recent memory and certainly the most contentious (Senator Williams vs. Governor, House vs. Senate, death of Casino gaming bill and redistricting), our interests were not only protected but there were some modest investments in the ID-DD service system.
Budget: $7.5 Million to support 300 additional SCL placements (Fiscal Year 2012-13)
- ~ $29 million to support a total of 600 SCL placements by the end of Fiscal Year 2013-2014.
- ~ Exemption from across the board cuts 8.4% in most State agencies
– DD-ID services and programs (remarkably Medicaid and SCL and all other waiver programs) Exempt from cuts.
- ~ $2 million in State Federal funds to implement the FBI Fingerprint Check Program and Adult Abuse Registry.
House Bill 125 (the Chase Alert)
- ~ After an incredible amount of lobbying (grassroots and formal) and multiple amendments and meetings to broker a compromise, the essence of our original Alert bill was enacted into law.
- – HB 125 was attached to Senate Bill 93 and while retaining the name “The Chase McMurray Act of 2012” , the Alert shall be called “Golden Alert D”
- – The “D” stands for persons with developmental disabilities and traumatic brain injuries.
- – The law mandates development of curricula and trainings for all staff, volunteers and managers involved in the search and rescue.
- – The training will specifically address the needs of missing persons with DD or TBI and the Division of Emergency Mngmt is required to consult with agencies like The Council that have a proven history of advocacy on behalf of folks with DD and TBI.
House Bill 122
- ~ Began as a blanket prohibition against any local govt regulating residential settings for health, safety or any other reason.
- ~ Was amended by agreement of The Council and Ky League of Cities to allow for basic notification ordinances and regulatory oversight related to fire, EMS and Police, and health/safety concerns.
- ~ Was held up in the Senate for 2 months until a final compromise could be reached.
- ~ The law was amended in the Senate by agreement of The Council, ResCare and KY League of Cities.
- ~ This law will mandate that basic notification records be maintained by the Cabinet. Local governments can choose to pass a simple resolution requesting said information.
- ~ The information can only be shared with Law Enforcement, EMS and Fire Departments.
- ~ The Open Records exemption does not apply to the Cabinet, on local governments.
House Bill 485
- ~ In partnership with Best Buddies and Special Olympics, The Council helped get this legislation enacted into law.
- ~ As part of the “End the R Word” campaign, this bill mandates that the word “retarded” or “retardation” be removed from all KY Statutes and regulations.
- – For example, ICF/MR, will now be listed as ICF/ID.
House Bill 250, House Bill 259
- ~ Establishes an Adult Abuse Registry of employees/people who have records of substantiated abuse, neglect or exploitation of a senior citizen or a person w/ a disability.
- ~ Also, included implementation of the FBI Fingerprint Check Program, which captures convicted felons with records in other States.
- ~ Both bills passed the House and died in Senate Judiciary.
- ~ Opposition from the Nursing Home lobby and from influential DD providers has proven to be a major barrier.
- ~ We will look into the option of an Executive Order, given that Federal and KY $ has been appropriated to establish a Registry and FBI Check.