VCDR 2009 Legislative Platform
The VCDR Board of Governors votes each November to adopt the legislative platform for the coming session. Platform items are proposed by member organizations and occasionally, by committees. Below is the platform as approved by the VCDR Board of Governors on Nov. 10, 2008:
VCDR recognizes that the challenging economic
times create many threats to essential services as we approach the upcoming
2009 legislative session and related budget deliberations regarding both the
2009 and the 2010 budget. Policies and programs that have been built over the
last two decades and that make health and independence possible for otherwise
vulnerable groups of Vermonters must be preserved. We add our voices to those
of other constituencies to ask that critical programs that make independence
possible and upon which Vermonters with disabilities and their families,
low-income Vermonters and seniors depend not be sacrificed to eliminate budget
shortfalls. In addition to addressing and protecting the specific rights and
services described later in this summary, we want to highlight two significant
concerns:
(1) We ask that the Legislature maintain Vermont’s current Medicaid program (including eligibility, benefits, and cost sharing as delineated in the SFY 2008-2009 budget as passed by the full Legislature last year). VCDR must oppose any further reductions in Medicaid benefits or eligibility or increases in cost sharing. Vermont’s Medicaid program already maintains waiting lists for vital services for many Vermonters with disabilities and has cut funding for basic benefits such as eyeglasses and dentures and already creates unreasonable barriers to accessing needed medical supplies and equipment while also under-reimbursing many Vermont providers. Vermont’s community-based long-term care services depend on both general funds and federal Medicaid dollars. If people with disabilities are to have equal access to the opportunities and rights afforded other citizens, Vermont must maintain the ability to offer a realistic level of long-term supports. These include developmental services and services for individuals with serious mental health issues.
(2) Vermont’s peer-run programs and services must be protected. Programs and services run by Vermonters with disabilities offer resources and support that cannot be found elsewhere. These programs (which include Vermont Psychiatric Survivors, Green Mountain Self-Advocates, Another Way Drop In Center and a proposed crisis respite house) as well as peer-run newspapers The Independent and Counterpoint are dependent on state support for their survival. As the state budget crisis escalates we cannot afford a reduction in Vermont’s commitment to self determination and peer-run recovery services for individuals with mental illness.
Brain Injury Association of Vermont
VCDR supports legislation to establish a trust fund, as 18 other states have, to provide a source of revenue dedicated to filling the gaps in services and support for people with brain injuries and to develop programs designed to reduce the incidence of brain injury in Vermont. The proposed trust fund would be funded either by a $1 increase in Department of Motor Vehicle registration fee or by dedicating a portion of penalties for violation of motor vehicle safety statutes, including DUI (in recognition that a substantial percentage of brain injuries in Vermont result from negligent operation of motor vehicles, especially drunken driving).
Vermont Council of the Blind
VCDR supports legislation to (1) prohibit a person from interfering with any service animal in training or performance of its duties; (2) establish penalties for cruelty to a service animal or for killing of a service animal; and (3) permit an owner or user of a service animal that has been harmed to obtain restitution from or file a civil action against the person who carried out such violations.
Green Mountain Self-Advocates
VCDR supports legislation to make sure that the Vermont Legislature and state agencies use respectful language when referring to individuals with disabilities in the preparation of legislation and rules. Such legislation will promote use of “people first” language and prohibit use of outdated and disrespectful terms, such as “mental retardation.” Language matters. It can lift a person up or put a person down. It is important to recognize that an individual with a disability is a person first.
TASH and Vermont Protection & Advocacy
VCDR supports legislation promoting the use of positive behavioral supports and restricting and carefully regulating any use of restrictive behavioral interventions (restraint, seclusion, or aversives) in all of Vermont’s primary and secondary educational settings.
VCDR supports changes to Vermont law relating to Corrections, replacing the current use of the category “Serious Mental Illness” with the category “Serious Functional Impairment” in order to extend needed protections to a range of individuals with disabilities for whom treatment such as extended time in segregation is likely to have deleterious effects.
VCDR will monitor proposed legislation that may diminish the civil rights of people with mental health issues. With the emphasis on movement of services from the Vermont State Hospital to community settings, it is important that due process in involuntary treatment and other rights to self-determination are not compromised.
Vermont Center for Independent Living
VCDR supports preservation of and increased funding for the Vermont Center for Independent Living’s Home Access Program. The program has a three-year waiting list, despite significant success in helping individuals and families leverage other funding. Program funding comes from the Vermont Housing Conservation Trust Fund and the Department of Disabilities, Aging and Independent Living budget and both funding sources are at risk this year. Approximately 217 individuals are on the HAP waiting list.
VCDR supports legislative initiatives to improve pain management services available to Vermonters throughout life and the improvement of end-of-life care and pain management in Vermont. VCDR supports legislative proposals to expand ombuds services and improve access to effective, respectful and affordable chronic pain and end-of-life hospice, palliative care and disability-related services.
VCDR opposes any legislation legalizing physician-assisted suicide, (sometimes called “End of Life Choices” or “Death with Dignity” legislation). Today’s economic and social environment leaves many Vermonters vulnerable and expands the role of physicians beyond current standards and practices without improving access to alternative options and services. We ask that legislative attention instead focus on promoting clinical practices and policies that equalize access to improved chronic pain management and end-of-life services in Vermont. Past PAS legislation in Vermont has included language that would make fear of pain or disability adequate justification for medication to end life when one is believed to be within six months of death. We would prefer to see Vermont policy and legislative efforts focus on making real improvements in increasing and equalizing access to needed end-of-life and chronic pain services.
VCDR supports legislation or administrative actions that create pay equity for direct care workers paid by the Attendant Services Program and Children’s personal care programs whose hourly rates are not on par with those paid for by DAIL’s Choices for Care Program.
VCDR supports legislative initiatives to preserve and increase community transportation and public transit funding, including state and federal funds for senior and disability transportation.
Vermont Family Network
A. VCDR supports Vermont Family Network’s request for an allocation of $318,000 to assist families with expenses relating to modifying a van or other vehicle required to make the vehicle accessible to children whose medical condition requires adaptive equipment and/or a wheelchair.
B. VCDR supports a $205,000 increase in the Vermont Department of Health’s Children with Special Health Needs Respite Program: first, adding an estimated $55,000 over the $295,000 SFY 2009 budget to restore the program to 2008 funding levels of $350,000; and also adding an additional $150,000 to bring this program funding parity with the Developmental Services Flexible Family Funding program.
C. VCDR calls for careful monitoring of the use of the $2.4 million in the SFY 2008-2009 budget, which was intended to support full implementation of EPSDT services (especially case management and rehabilitative therapies) for Vermont’s Medicaid-eligible children. The request for monitoring is intended to address two issues: assurance that the funds will be allocated to their intended purposes and to assess whether this funding is adequate to cover mandated EPSDT services.
Other
VCDR will continue to monitor and support any efforts to expand S.271 to allow family court to consider requests to extend child support for an individual with physical, mental, or developmental disabilities beyond the age of 22.
VCDR will continue to monitor education finance and reform initiatives and appropriations to ensure that the rights and interests of students with disabilities and their families are protected.
VCDR will monitor legislation or initiatives emerging from recent reports, summer studies and administrative or legislative task forces such as the guardianship study, the AHS work incentive study, continued efforts to enhance and support Vermont’s direct care workers, and sustaining long-term care services for individuals with disabilities and seniors and transition services for youth with disabilities that create equal opportunities for independence, self determination, community participation and work.