Make your plans now to come to Santa Fe during the Session.  Legislators appreciate having their constituents come to see them and are more than willing to listen to concerns that affect their district.  Freedom Days are on February 2 - 3.  This is always a good time to come and be visible as part of the disability community. 

The Board of Directors for The Arc has set its legislative priorities for the up-coming session.  As always if something unexpected comes up a decision to support or not will be based on The Arc’s Mission statement and Position Papers.

1. Maintain Services –
Issue:  Medicaid continues to be the crucial source of funding for people with disabilities that allows them to live in their communities with the supports and services they need.  Any reduction in the state appropriation or even a failure to appropriate sufficient dollars will result in a loss of services and a corresponding reduction in the individual’s quality of life.  The current as well as next years’ budget crisis is the worst in many, many years.  The Human Services Department is in the position of being required to carry out one or more of the following:
1.  Reduce enrollment,
2.  Cut rates to providers, and/or
3.  Cut benefits.
It will require an incalculable amount of work by the public to protect individuals with disabilities and their families from harm.
Position:  Maintain current services for individuals with developmental disabilities and their families.
The Arc’s role:  Provide testimony and information supporting the need for maintaining services and the impact reductions in services and eligibility will have on people with developmental disabilities and their families.

2. Waiting List –
Issue: Individuals with developmental disabilities continue to apply for services and then be placed on a waiting list (called the Centralized Registry by the Department of Health).  People should not have to wait for services that are important to their ability to live and participate in their communities in a safe and fulfilling manner.  Approximately 4000 individuals (unserved and underserved) are on the waiting list for developmental disabilities services.
During the Special Session of the Legislature held in August 2008 $10 million was appropriated for the Developmental Disabilities Medicaid Waiver.  That money was to be made available to the Human Services Department on January 1, 2009.  The current budget situation puts that appropriation in grave jeopardy. 
The system of services currently in place will not be sustainable in future years, therefore, alternatives to the Developmental Disabilities Medicaid Waiver to necessary supports and services need to be expanded.  One program that is established now is the Self-Directed Family Support Program funded by state general funds and administered by the Center for Development and Disability at UNM’s Health Sciences Center.
A.  Position: Protect the $10 million for the DD Waiver appropriated in the August 2008 Special Session.
The Arc’s role:  Provide testimony and information supporting the need for maintaining services and the impact reductions in services and eligibility will have on people with developmental disabilities and their families

3.  Medicaid Eligibility –
Issue:  New Mexico has one of the highest rates of individuals without any form of health insurance.  This leads to higher insurance premiums for people who purchase health insurance and to more health care provided by the hospitals that is not reimbursed.
Position:  Support efforts to increase the financial eligibility criteria for Medicaid.
The Arc’s role:  Support and testimony when needed.

4.  Probate Code Guardianship -
Issue:  Changes are being proposed the statute that lays out all of legalities surrounding obtaining and providing guardianship over an individual who is alleged to be incapacitated and unable to make his or her own decisions.  These changes are the result of two years of meetings held be a Task Force established by the Legislature to look at the manner in which guardianship services are provided.  The proposed changes are only those changes on which the Task Force had consensus.  They include recommendations in the following areas:
1. Oversight and accountability of private guardians,
2.  Training and support,
3.  Maximizing autonomy and self-determination,
4.  Clarifying the role and authority of guardians, and
5.  Guardianship administration.
Position:  Support the efforts to amend the Uniform Probate code in a manner that protects the rights of individuals with disabilities who need guardians and assists families in providing these services in the least burdensome way possible.
The Arc’s role:  Provide support and testimony as needed.

5. Guardianship Services Funding –
Issue:  The funding for legal assistance and training for families seeking guardianship of a family member is not adequate to meet the need.  Furthermore, the funding for corporate guardianship services no longer meets the need and a waiting list for services exists.
Position:  Support the Developmental Disabilities Planning Council’s request for additional funding.
The Arc’s role:  Support and testimony when needed.
Issue:  No accurate, up-to-date accounting exists of the status of guardianships in New Mexico.  This includes the number of people under a guardianship order, their health and welfare conditions, the location and other information about the appointed guardian. A pilot monitoring project is being proposed in the 2nd Judicial District (Bernalillo County).
The Arc’s Position:  Support the efforts to obtain $200,000 to conduct a monitoring pilot project. 
The Arc’s role:  Support and testimony when needed.

6.  Direct Care Staff Compensation –
Issue: Programs providing services to individuals with disabilities, including self-directed services, need to be adequately compensated in order to continue to provide quality services.  Agencies are competing with businesses such as McDonald’s and call centers for employees.  This year’s budget crisis has the potential for a reduction in rates paid to provider agencies.
Position: Support efforts to maintain rates paid to community providers for services.
The Arc’s role:  Support and testimony when needed.

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