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Legislative Update – May 19, 2017
Senator Roy Baker – District 30
Much of the time in the waning hours of the 2017 Legislative session was been given to discussions of the budget. On May 15, Governor Ricketts announced $56.5 million in line-item reductions in the budget adopted by the Legislature. Included in the reductions:
Various motions were submitted on May 17 to override the line-item reductions for the four DHHS programs. We heard from a large number of providers from District 30, who are deeply concerned about what those provider rate cuts might mean for their rest homes, the Developmentally Disabled services, Child Welfare, and Behavioral Health providers. Most of the motions ended with 26 or 27 yes votes, short of the 30 needed to override the Governor.
In other actions in the final five days, several bills passed on final reading without controversy, including LB289, that greatly increases the penalties for sex trafficking. Increased rates were authorized for ground emergency medical transport. One additional juvenile court judge was authorized, and judges’ salaries were approved.
LB496, the Community Development Law, received 31 votes on a cloture vote, short of the 33 needed, and is done for this session. This bill would have extended workforce housing funds to rural areas.
Sen. Mike Hilgers’ gun bill, LB68, was scheduled to come up on Select File, but he pulled his bill from the agenda. He stated that he wants to work on the language over the summer and bring LB68 back in 2018.
In 2016, LB 895 was passed by the legislature calling for the Department of Health and Human Services to conduct a detailed analysis of the Beatrice State Developmental Center and the Bridges program. Senators raised concerns when the reported costs of serving an individual at BSDC was approximately $450,000 per individual per year and the population was declining. After more discussion, senators also wanted an analysis of the aging buildings on the campus, compliance with the Olmstead decision (a U.S. Supreme Court Case) and how BSDC fits into the service array for all individuals with developmental disabilities.
First I would like to compliment Courtney Miller and her staff for conducting a very thorough and compassionate review of the future of BSDC and the impact any changes to the program would have on the residents. I think they did a very good job of balancing the needs of the residents, the needs of the campus and the needs of the DD community as a whole.
The report is due by June 1, 2017 to the legislature with the findings and the future vision of BSDC and the Bridges program. On May 9th the department held a public hearing on the initial findings. A number of potential recommendations were put forward but the preliminary recommendation the department deemed most appropriate was a combined service array for BSDC. The proposal would have BSDC continue to support the 109 individuals currently living at the facility. They recognized these individuals call BSDC home. Considering the average length of stay at BSDC is 47 years and the average age of the residents is 67, moving these clients out of the only home many have known for the vast majority of their life would be cruel. The recommendation also would have BSDC provide: respite services, crisis intervention support and consultative assessment services, and acute crisis stabilization as an intermediate care facility (which would be time limited service).
As for the Bridges program in Hastings, it was originally designed for high risk, behaviorally challenged individuals with developmental disabilities. However the program cannot remain in compliance with federal Medicaid Home and Community Based Services waiver regulations. The department has moved the six residents at this facility into community based services and has closed Bridges.
I think the report is the best outcome for BSDC, its residents and the Beatrice community which for decades has embraced the facility and the residents.
The last day of the current session is Tuesday, May 23rd. The agenda will include mostly housekeeping items to wrap up the business of the Legislature as we move into the interim months. As always, your communication about areas of concern is important whether we are in session or back at work in the district. 402-471-2620; firstname.lastname@example.org.