Committee Meeting Information

September 26, 2006

Whitney Building, Sheridan College

Sheridan, Wyoming

 

Committee Members Present

Representative Elaine Harvey, Chair

Senator John Hines

Senator Mike Massie

Representative Rosie Berger

Representative John Hastert

 

Committee Members Absent

Senator Hank  Coe, Vice Chairman

Representative Bruce Barnard

 

 

Legislative Service Office Staff

Gerald W. Laska, Staff Attorney

Don C. Richards, Senior Research Analyst

 

Others Present at Meeting

Please refer to Appendix 1 to review the Committee Sign-in Sheet
for a list of other individuals who attended the meeting.

 


Executive Summary

The Select Committee on Developmental Programs met for one day in Sheridan, Wyoming.  The Committee heard testimony on a bill to revise the statutory authority of the Wyoming State Training School, and voted to table the draft legislation.  The Committee voted to sponsor legislation relating to the funding of emergency cases for persons likely to have a developmental disability or adult brain injury.  The Committee tabled legislation that would have required the Wyoming Department of Health to study cost-based reimbursement services of waiver service providers.  The Committee voted to consider legislation enhancing the per child reimbursement amount to address a salary discrepancy with comparable K-12 teachers; legislation that would increase the per child reimbursement amount for preschool services to provide mental health/social emotional development services; and legislation that would reauthorize the Committee for one additional year.

 

The next meeting will be on Thursday, November 16, 2006 in Casper, Wyoming.

 

Tuesday, September 26, 2006 Call To Order

Chair Harvey called the meeting to order at 8:05 a.m.  The following sections summarize the Committee proceedings by topic.  Please refer to Appendix 2 to review the Committee meeting agenda.

 

Approval of Minutes

Representative Berger moved to approve the minutes from the June 12th and 13th meeting of the Select Committee.  Her motion was seconded and carried unanimously without change to the minutes.

 

07LSO-0134.W1, Wyoming state training school amendments.

Representative Harvey introduced draft legislation prepared by LSO staff which responds to the Committee's request at the June 13th meeting in Lander to revise the statutes of the Wyoming State Training School (WSTS).  She noted that the draft incorporates many of the suggestions of a Task Force of interested parties and opened the discussion to testimony.  (See Appendix 3 for a copy of the draft legislation.)

 

Cliff Mikesell, Administrator, DDD, urged the Committee to consider the following changes to the draft legislation:

Mr. Mikesell believes W.S. 25-5-115(a)(iii) is contradictory to W.S. 25-5-115(c) as written.  He suggests inserting the following language on page 21, at the end of line 12, "except as described as 25-5-115(c).”

 

Next, Mr. Mikesell expressed concerns with paragraph W.S.25-5-115(c), since he believes this paragraph requires the Developmental Disabilities Division (DDD) to comply with a circular requirement.  Mr. Mikesell recommended that on page 21, line 4, after the word "unavailable" insert “due to lack of funding, the person may remain at the facility until funding becomes available.”  He noted that the waiver has more stringent criteria and that not everyone at WSTS would be eligible for waiver services.

 

Finally, Mr. Mikesell noted that on page 22, draft section W.S. 25-5-115(d), the citation W.S. 9-2-103(a)(ii) refers to DDD, not WSTS.  Mr. Mikesell asked the Committee to consider requiring the new reports contemplated by the draft legislation come from WSTS, not DDD.

 

Responding to Committee questions, Mr. Mikesell explained the eligibility for the waiver is defined under the 1983 AAMR definition, while the definition of eligibility for services at WSTS in the draft legislation goes well beyond the 1983 criteria.  He noted that the waiver eligibility must not be more liberal than the WSTS eligibility.

 

Richard Leslie, Wyoming Epilepsy Foundation and Governor's Planning Council on Developmental Disabilities, expressed his concern relating to the language on pages 41 and 42 of the draft bill.  He asked that if the rights enumerated can be limited, how is a person supposed to communicate, grow, and improve?  The Committee then discussed Mr. Leslie's concern and noted that the rights are to be restricted only if it is included in the individual's plan for purposes of health and safety.  Responding to a Committee inquiry, Jerry Laska, Staff Attorney, opined that this would likely be an administrative determination and be subject to the Administrative Procedures Act (APA).  Mr. Laska added that those requirements would afford the client a notice, hearing, and an opportunity to appeal. 

 

Sue Williams, Client Rights Specialist, WSTS, clarified that the intent of including the limitations in the law is a safeguard or limitation on staff.  She indicated that it is not intended to limit rights, but to require a full plan and formal process.  Responding to Committee questions, Ms. Williams stated that rights to personal privacy have been limited since close supervision is required for persons who cannot be left unattended, for example. 

 

Larry Samson, Chair of Regional Service Providers (RSPs), and CEO of RENEW, provided the Committee two handouts.  (See Appendices 4 and 5.)  He noted that the first handout, in the form of a letter from Ms. Ruth Sommers to the Committee, articulates several areas of the proposed draft on which the RSPs would request changes.  In sum, Mr. Samson proposed deleting the language regarding least restrictive environment.  He asked that the draft incorporate the idea of a single point of entry.  He also indicated that the barriers to community placement be identified immediately and not after 90 days.  Mr. Samson suggested that decisions such as removing someone from the Training Center should be team decisions, not individual decisions of the Superintendent.  He concluded by recommending expansion of the reporting requirements outlined in the draft.

 

Buck Gwyn, Protection and Advocacy, provided two sets of comments relating to the draft. (Appendices 6 & 7.)  Reading from the comments in Appendix 6, Mr. Gwyn suggested that the Weston settlement compels the state to provide community services.  He stressed the need for community-based treatment and placements and suggested that many persons currently residing in Wyoming’s institutions could be served in community programs.  He urged the Committee to address the issues in the order of:  (a) community programs, (b) guardianship, and then (c) WSTS.   Responding to Committee questions, Mr. Gwyn indicated that P&A was invited to participate in the Task Force's work.  He indicated that P&A monitored the process.  He concluded by stating that today is the first time P&A has presented their concerns with the draft legislation, but noted that others had provided similar comments during the process. 

 

Representative Berger suggested to Mr. Gwyn that the Committee has struggled with funding for community services, and asked how they might accomplish what Mr. Gwyn is recommending.  Mr.  Gwyn responded that when jobs are competitive, pay and availability of benefits are at issue.  He added efforts to recruit workers, training by our community colleges, sharing resources with private enterprises, tax benefits, and tuition credits could all build capacity in the communities.

 

Senator Case addressed the Committee and thanked them for their hard work and commended the efforts of those who worked on the draft legislation.  He stated that the 2005 Joint Committee on the Department of Health Review looked at WSTS and concluded that it be used as a resource center.  (See Appendix 8 for an excerpt of the Committee's findings.)  Senator Case pointed out that it is extremely expensive to serve medically needy citizens out of state, and people with developmental disabilities are not the only population affected by the changes in this draft bill.  He supports the notion that choice of service has to be informed, knowledgeable and respected.  Senator Case stated his support for the legislation as it provides a vision of how WSTS and community providers could work together.  Senator Case concluded his comments by suggesting the State has fulfilled most of the Weston lawsuit, and when Weston settlement was agreed to, there was a realization that some people would be served at the WSTS.  Senator Case noted that federal law allows choice, including being served at WSTS.  Responding to inquiries from the Committee, Senator Case agreed that the state needs methamphetamine treatment, but added his concern about integrating offenders with the fragile populations within the WSTS campus.

 

Chris Boston, Executive Director of NOWCAP, addressed the Committee.  He drew distinctions between the WSTS and community services.  He commended the WSTS adaptive equipment shop.  On the other hand, he noted that among all community service providers there are about 250 people with developmental disabilities in competitive employment out of about 1,000 persons served.  According to Mr. Boston, their clients take part in voter education, service with the March of Dimes, YMCA, Habitat for Humanity, and other volunteer activities.  They  choose their own therapists, doctors, hair stylists, and case managers.  Some medically fragile people travel, go on vacations, go whitewater rafting, etc.  Mr. Boston indicated that the providers serve people with varying medical complications including feeding tubes, catheters, ventilators, etc.

 

Darlene Suitor addressed the Committee as a mother of a young man that has been served by a community program for 25 years.  Her son elected to move to Sheridan from Casper, where he is the mailman in the courthouse and is served by RENEW.  Ms. Suitor noted that her son has made many friends and that community activities and services are important. 

 

Scott Harnsberger, Lander Treasurer and co-guardian for his sister, addressed the Committee.  He noted that his sister was admitted to WSTS in 1962 and later his family chose to move his sister to ARC in Laramie.  While at ARC, his sister had hip surgery, and ARC could no longer work with her.  Then, Community Entry Services in Lander initiated services for her, and recently, his sister has been moved back to the WSTS.  He feels that the services provided at the WSTS are services that his sister needs.  In closing, Mr. Harnsberger urged the Committee to keep choice in the bill, including the option of receiving services through the WSTS. 

 

Diane Baird Hudson, Superintendent, WSTS, summarized the activities of the Task Force, which generated the ideas behind the legislation, including the development of the legislative draft.  (Ms. Baird Hudson's testimony is provided in Appendix 9.)  She walked the Committee through her recommended changes (noted in the Appendix).  Ms. Baird-Hudson suggested that the draft provides for the most appropriate use of resources at WSTS.  Ms. Hudson indicated the vision for the legislation was to be encompassing of the services provided to people on the WSTS campus, not just those with developmental disabilities.  She indicated that the Division on Aging was included in the discussions, and she recently attended a statewide meeting of Nursing Homes, where responses to the changes were favorable, especially for persons with sub-acute, specialized needs.  She indicated that WSTS could serve 25 additional people within the constraints of existing staff.  Ms. Baird Hudson cited W.S. 9-2-106(c) as broad statutory language to allow the WDH to use the state institutions to serve other needs.

 

Senator Hines inquired about why the involuntary commitment language currently in statute and recommended by the Task Force to be stricken was left in the draft bill.  Jerry Laska, LSO Staff Attorney, explained the language was left in for three reasons: (i) the issue may be beyond the scope of the Committee, (ii) the issue was not included in the original motion, and (iii) the recommended changes may require significant research to determine the interaction with several different existing statutes. 

 

Dr. Brent Sherard, Director, WDH, addressed the Committee and initiated his comments by stating his support for Ms. Hudson’s and Mr. Mikesell’s changes to the bill.  He noted that from a management perspective, there was little oversight of the five WDH institutions, historically.  His vision is that patients should receive the best care in the most cost effective manner.  Dr. Sherard believes patients should be served in communities, but he also believes the State should have the capacity of a safety net.  He remarked that the Division of Developmental Disabilities should be the lead agency.

 

In response to Committee questions, Dr. Sherard indicated that a master plan for the state's institutions was in the planning stage of even conducting the study, but he concurs for the need for such a study, which he believes would require a large, inter-agency top-down approach with direction from A&I.  Dr. Sherard indicated there is no long-range plan for institutions generally or for persons with developmental disabilities specifically to the best of his knowledge.  Dr.  Sherard noted that one of the problems with long-range planning is the ability to project future needs or available funds.  Mr. Mikesell stated that the Governor’s Planning Council for Developmental Disabilities did recently prepare a five-year plan through a very comprehensive process.

 

The Committee then discussed whether further study is needed, if there is some part of the draft legislation that was critical, whether there are any items within the current draft that have consensus, and what timing and resources might be needed to support and initiate the master planning process referred to by Dr. Sherard.  The Committee also briefly discussed whether they would be asking the Legislature for reauthorization of the Committee for an additional year.  In anticipation of potentially working the bill, Representative Harvey passed out a draft amendment addressing the need for a single point of entry.  (See Appendix 10.)  Senator Massie moved to table the bill.  The motion was seconded and passed.

 

WDH Report on 2004 Management Audit Recommendations

Representative Harvey provided background related to the 07LSO-0135.W1, Medicaid emergency cases.  (See Appendix 11 for a copy of the draft legislation.)  She discussed the provisions of the proposal and walked the Committee through the bill. 

 

Cliff Mikesell, DDD, addressed the Committee and noted he felt the intent of the draft was to provide services that are not immediately billable for waiver services.  Therefore, he recommended striking "waiver services" and inserting "customary services as provided by home and community-based waivers" on page 2, line 12.  Mr. Mikesell explained that waiver services could not be provided until both financial and clinically eligibility have been determined.  Mr. Mikesell added that this draft could provide for financing of services before waiver qualification.  Mr. Mikesell also made the following suggestions:

ü      on line 14, after the word "eligibility", insert "for waiver services", or even more prescriptive language if the draft bill should extend to children and ABI waivers.

ü      on pages 2 and 3, delete the appropriation from federal funds and reduce the general fund appropriation to perhaps $500,000 per year.

Representative Harvey inquired about whether federal funds could be used retroactively for services previously provided.  Mr. Peck, CFO, WDH, indicated that would require further review.

 

Marilyn Patton, DFS, addressed the Committee and offered two handouts (Appendices 12 and 13).  Ms. Patton indicated that her Department has just $35,000 per year to provide community services within the context of emergency adult protective services.  According to her, this is a woefully inadequate amount, and as such, Adult Protective Services (APS) may not be too helpful in addressing emergency cases.  But, Ms. Patton noted that the number of cases that qualify as emergencies is growing.  She provided background on APS and programs to provide those services in the community. 

 

Senator Massie  moved to adopt the bill.  The motion was seconded.  Senator Hines suggested changing the title to incorporate ABI and DD emergency cases.  The Committee directed staff to incorporate an more prescriptive catch title that would incorporate ABI and DD emergency cases. 

 

Senator Hines also questioned what would happen for an emergency case that was ultimately deemed ineligible for waiver services.  Senator Massie inquired if the time line for the rule requirement was too aggressive.  In response, Mr.  Mikesell asked for one year.

 

Senator Massie moved to delete "October 1, 2007" on page 2, line 1 and insert "April 1, 2008".  Senator Hines inquired about the use of emergency rules to initiate the program.  Dr. Sherard responded that the rules process is a very lengthy process.  Senator Massie's motion was seconded and passed.

 

Senator Massie moved to delete “waiver” on page 2, line 2 and to insert on line 4, after the word "services", “for developmental disabilities and adult brain injury”.  The motion was seconded, and it passed.

 

Senator Massie moved to delete "waiver" on page 2, line 12 and insert "customary" and insert "as provided by home and community-based waivers for persons with developmental disabilities and adult brain injury" on line 12 after the word "services".  The motion was seconded, and it passed.

 

Senator Massie moved to delete the balance of the line after "2007" on page 2, line 20 through ":".  He further moved to replace the appropriation on page 2, lines 22 and 23 with "Five hundred thousand dollars ($500,000.00) from the budget reserve account and any federal matching funds for which the expenditures may qualify."  Senator Massie further moved to delete lines 2 and 3 on page 3 in their entirety.  The motion was seconded, and it passed.

 

Senator Massie moved to insert "not" after the word "shall" on  page 3, line 11.  He further moved that LSO staff insert a requirement for an annual report to the Joint Appropriations Committee to be due on October 1 each year including accounting for the amount of expenditures and number of persons served through this emergency funding.  Finally, Senator Massie moved to make the bill effective immediately rather than on July 1, 2007.  Senator Massie's motion, in full, was seconded, and it was passed.

 

The Committee directed LSO staff to make any necessary conforming amendments in light of the adopted amendments.

 

Senator Massie moved that the bill be sponsored by the Committee, as amended.  The motion was seconded, and it passed.

 

Mr. Mikesell discussed the status of DDD rules and indicated that the Attorney General’s Office determined the changes made after public comment were not substantive.  Dr. Sherard indicated that the rules should go to the Governor in the first two weeks of October.

 

Next, Mr. Mikesell indicated that WDH had contracted with Navigant to review the DOORS model, and a project advisory panel had been convened.  (See Appendix 14.)  Mr. Mikesell indicated that preliminary indications are that the DOORS model accomplishes its originally stated objectives.  However, it appears that the objectives have changed over time and new objectives are emerging, according to Mr. Mikesell.  Mr. Mikesell added that both revisions to the model and alternative models will be considered during the course of the evaluation. 

 

Luncheon Recess

The Committee adjourned for lunch at approximately 12:15 a.m. and reconvened at 1:30 p.m.

 

Continued from Morning Discussion

Kevin Malm and Cliff Mikesell, WDH, discussed a contract with Navigant to review provider rates.  (See Appendix 15.)   Mr. Malm indicated that over the past three years Navigant has been involved in collecting financial data on the provision of waiver services.  For FY07, the WDH will institute standardization to assist in determining the feasibility of a cost-based system, according to Mr. Malm.  Navigant is considering methodologies used in other states and may bring forth an innovative approach.  Mr. Mikesell stated they would be exploring ideas of different models as well as opportunities for re-basing the rates through some sort of an automatic mechanism.

 

Chair Harvey introduced 07LSO-0136.W1, Medicaid developmental services study, for purposes of discussion.  (See Appendix 16.)  Chair Harvey asked for input by the Department as to whether, given the current study with Navigant, WDH is already doing what the bill prescribes.  Mr. Mikesell responded that they essentially are already doing this, and cautioned that the time lines in the bill are too short to adequately consider data analysis and stakeholder input. Mr. Mikesell explained that under the current study, he did not anticipate having the cost data collected until July 2007, and then after obtaining provider input and testing the assumptions, the final analysis would not be complete until the spring of 2008.

 

The Committee then discussed what mechanisms might be available to get help to those communities where there is a need to stabilize provider staff.  Shawn Griffin, CES and John Holdringer, Mountain Regional Services both testified as to the recent turnover in their operations.  Mr. Griffin explained his major concern is the lack of applicants to fill open positions.

 

Senator Massie moved to table 07LSO-0136.W1.  His motion was seconded, and it passed.

 

Mr. Mikesell then reported to the Committee on the status of the "real choice" waiver.  He stated DDD had initiated a parent group, but hasn't had the manpower to progress with the waiver.  He added that the Division is advertising for a position to administer the Real Choice Waiver, and hopefully, will have someone on board as of the first of November.  Mr. Mikesell reported that the Division has a draft of the waiver and has outlined a process for a stakeholder group input, but cautioned that this area needs a lot of work. 

 

WDH Reports on Preschool Services

Mr. Mikesell introduced Donna Merrill, with whom the Division contracted to prepare a series of reports required on preschool funding.  (See Appendix 17 for a complete copy of each report.)  The following is a very brief summary of the findings in the reports, articulated by Ms. Merrill:

ü      Compensation levels – Ms. Merrill indicated that the disparities in salaries identified in Dr. Goetze's 2005 report remain this year, despite the increase in funding due to the increase in K-12 funding.  Furthermore, a school district may pay an additional $1,500 to $2,000 for national certification beyond the published salary schedules.  Ms. Merrill noted that the report's appendix includes a table of the findings, by occupation, and that everything is prorated for 185 days.  Ms. Merrill recommended two options for the Legislature:  First, increase the statutory amount in a specific dollar amount.  Second, address the disparity in the biennial exception budget request. 

 

ü      Least restrictive environment – Ms. Merrill provided background on IDEA.  She reported that in SY 05-06, 97.2 percent of eligible infants and toddlers received early intervention services in natural environments.  According to the report Ms. Merrill noted that the State Performance Plans for Part C and Part B have identified the provision of early intervention services in natural environments and special education and related services in the least restrictive environment as monitoring priorities.  The recommendations for this report include continued monitoring of these services.

 

ü      Evidence-based practices – Ms. Merrill reported that the regional developmental preschool programs unanimously elected to adopt the Division for Early Childhood’s nationally recommended practices as the statewide standard for service delivery in the fall of 2005.  Ms. Merrill reported the results of a self-assessment of the use of evidence based best practices.  The WDH recommends establishing a permanent, statewide social-emotional development system including the provision of regional social-emotional development coordinators.

 

ü      Parent Expectations and Student Progress – Ms. Merrill indicated that this report is the initial exploration of whether developmental preschools are meeting parent expectations and children are making sufficient and measurable progress based upon parent satisfaction surveys and student performance measurements.  She also explained the Wyoming Child Outcome form that will be used to measure preschool student progress.  Data Driven Enterprises will aggregate the data and compile the results.

 

ü      Mental Health Pilot Project -  Ms. Merrill summarized the process used to collect data on mental health services for infants and preschoolers.  The study evaluated the effectiveness of training and the amount of new information retained by participants, in two different groups, or tiers.  The WDH recommended an increase of $363 in per-child funding for developmental preschools to fund a social-emotional development coordinator for each regional developmental preschool program using state dollars.

ü      Capital Construction needs – Ms. Merrill summarized the 2005 reporting results and a 2006 survey of the regional developmental preschool programs and their capital needs.  The results of the 2006 survey are included in the report.  Further,  Ms. Merrill indicated that the WDH’s recommendation is to change the statute to allow the legislature to appropriate capital construction funds to regional developmental preschool programs.   She indicated the survey results suggest capital construction costs in the range of $30 million.  Mr. Mikesell indicated that the responses to the survey on capital construction were sporadic.

 

The Select Committee discussed the potential constitutional barriers to such a change and explored other opportunities, including supporting the use of excess space in school buildings as well as community investments that may develop as a result of expanded child care legislation.  Senator Massie noted these issues were being explored by the Select Committee on School Facilities and the Legislative Oversight Committee on Quality Child Care.

    

SDE Report on School District Funds Supporting Developmental Preschool Child Find Activities

Lori Morrow, SDE, provided a report of the amount of funding provided to developmental preschools for "child find" activities.  (See Appendix 18 for a copy of the draft report.)  Ms. Morrow noted that statewide expenditures actually exceeded the amount of federal "619" funds provided for such efforts, but noted that not all districts were expending the full amount, and some districts were not expending any of their 619 funds received on child find activities directly.  She added that three districts have not yet reported, but will by the October 1 deadline.  The Committee discussed what could be done for districts reporting no expenditures on "child find" activities, and the Committee requested that the total amount of 619 funds received by each district be shown in addition to the amounts expended for the final report.

 

Tiernan McIlwaine, Stride Learning Center and Kathleen Orton, CDS, addressed the Committee regarding their impressions of the required reports on developmental preschools.  Ms. Orton indicated the total expenditures on "child find" activities was encouraging.  In terms of compensation, Ms. Orton explained even though preschool teachers are still behind the market, some regions were able to fill vacancies and others reported not losing staff.  According to Ms. Orton, some districts indicated that salary rates will be comparable.  Specifically, two regions indicated they were current after recalibration, and did so at the expense of other priorities.  Ms. Orton indicated that average increase in salaries was 17 percent, and the regions put everything they could into salaries, rather than child find and professional development. 

 

Tiernan McIlwaine, STRIDE Learning Center, stated that 85 percent of STRIDE’s budget goes toward salary and personnel expenditures.  He also relayed a story demonstrating the potential benefits from the mental health pilot project.

 

Representative Harvey inquired about the necessary per child amount needed to bring up the salaries to competitive levels.  Ms. Morrow indicated that a little over $1,200 is recommended this year.  Ms. Orton indicated that the figure is $1,297, which would still result in a per child amount that is below the national average. 

 

Update on Waiting Lists and Out-of-Home Placements

Mr. Mikesell and Kevin Malm, DDD, provided a summary of out-of-home placements and waiting lists, including a summary of the Division's budget request for the 2007 Budget Session.  (See Appendix 19.)

Mr. Mikesell indicated that the Division expected that about half of the 400 clients who did not have out-of-home placements would want out-of-home placement.  However, based upon a survey of waiver clients, and after taking into consideration nonrespondents and transitions, the expected number clients wanting out-of-home placements is 61.  Kevin Malm explained that the numbers could be revised later in the budget process.  Mr. Malm indicated that the current waiting lists totals 33 across all three waivers through August 31:  13 adults, 1 ABI, and 19 children.  Bob Peck, CFO, WDH, clarified that the requests enumerated in the Divisions handout (Appendix 19) were requests for use of the $60 million Medicaid set-aside from the last budget and not a request for new funding.

 

The Committee asked whether the providers would be able to handle the influx of out-of-home placements.  John Holderegger, Mountain Regional Services, indicated that some clients could be brought in and fill existing group homes to capacity.  He added that there are 1,500 other providers in addition to the regional providers.  Shawn Griffin, CES, indicated that it would be difficult for his centers to accommodate the increase.  He added that it is necessary to invest in capacity building and that will take time.  Gary Frield, Big Horn Enterprises, stated his region could handle an influx, but that staffing remains a problem.  John Godell, Rock Springs, Southwest Region, indicated that it would not be possible to serve new people at this time.  He stated that his region has the physical space, but not employees. 

 

Senator Massie made a motion for the Select Committee to support the Division's recommended budget increases in their annual report and as a direct recommendation to the Joint Appropriations Committee and to further request that the funding come from the Medicaid set-aside funding.  The motion was seconded, and it passed.

 

Chair Harvey questioned if any consideration was given to increasing staff salaries during the supplemental session.  Mr. Mikesell responded that WDH did not request any money in the area of salaries in this budget. 

 

07LSO-0137.W1, Department of health purchased services.

Representative Harvey introduced 07LSO-0134.W1, Department of health purchased services, for the Committee’s consideration.  She indicated that with the recent increases given to the preschools, this bill is presented to remove the ten percent community match requirement of the preschool service providers.

 

Senator Massie inquired if this matching requirement currently applies to preschool services.  In response, Mr. Mikesell explained that DDD requested an opinion from the Attorney General, which has not yet been received.  Jerry Laska, LSO Staff Attorney, opined that the current statutory provision probably would not apply to non-county preschool service providers.

 

The Committee asked Mr. Mikesell to follow-up with the Attorney General for a response to their question.  The bill died for lack of a motion.

 

Committee Report and Future Activities of the Committee

After some discussion of the preschool reports, the time line for the Committee, whether the Committee would meet again, and whether they would ask to be reauthorized, Representative Berger requested draft legislation to reauthorize the Committee for one additional year.  The Committee requested this reauthorization draft include the requirement of a transition plan for handing these issues off to the Joint Labor, Health and Social Services Committee, direction to monitor the development of a real choice waiver, and direction to work with the WDH on developing a long-term master facility and programming plan for the WSTS.  The motion was seconded and it passed.

 

Representative Hastert moved to request staff to prepare two draft bills – one supporting the increased per child amount to enhance salaries of preschool providers and another to add $363 in per child funding to assist childhood programs in the provision of services for mental health/social-emotional development.  The motion was seconded and the motion passed, with Senator Massie declaring a conflict.

 

Don Richards, LSO staff, provided the Committee with copies of the last two year's annual Committee reports.  (See Appendices 21 and 22.)  For purposes of this year's report, the Committee directed staff to include background on the Committee activities and noted that the recommendations should include both the legislation approved by the Committee and the recommendations of support generated from the preschool studies prepared by DDD.  The Committee asked staff to electronically e-mail a copy of the draft report to members and allow members the opportunity to make any suggestions and revisions as necessary prior to distributing the final report.

 

The Committee resolved to meet again on the morning of Thursday, November 16th in Casper.

 

Meeting Adjournment

There being no further business, Chair Harvey adjourned the meeting at 6:00 p.m.

 

Respectfully submitted,

 

 

 

Representative Harvey, Chair


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