![[Top]](/images/nav-top.gif)
![[Back]](/images/nav-back.gif)
![[Home]](/images/nav-home.gif)
November 16, 2006
UW Outreach Building (951 N Poplar)
Representative Elaine Harvey, Chair
Senator Mike Massie
Representative Rosie Berger
Representative John Hastert
Senator Hank Coe, Vice Chairman
Senator John Hines
Representative Bruce Barnard
Gerald W. Laska, Staff Attorney
Don Richards, Senior Research Analyst
Please refer to Appendix 1 to review the
Committee Sign-in Sheet
for a list of other individuals who attended the meeting.
The Select Committee
on Developmental Programs met during the morning of November 16th in
Chair
Senator Massie moved
for approval of the minutes from the September 26th, 2006 Select
Committee meeting. The motion was
seconded and carried with no members objecting.
Dr. Brent Sherard, Director,
Dr. Sherard noted
that a master facility plan should consider programmatic issues, facilities,
and geographic and economic conditions in the state. Dr. Sherard suggested any study should be led
by the Department of Administration and Information, and reminded the Committee
that 2006 HB 91 includes a strategic plan for the
With respect to
funding the study, Dr. Sherard indicated that, using the bio-security study as
an example, the Legislature could prepare a bill, including an appropriation. The Committee discussed whether an individual
would be approached to carry that legislation.
Brenda Oswald, Governor’s Planning Council on Developmental Disabilities,
testified in support of the legislation.
Ruth Sommers,
Regional Service Providers (RSPs), testified in favor of the bill, viewing it as
an opportunity to address long-term concerns.
Cliff Mikesell, Administrator, Developmental Disabilities Division, WDH,
discussed the types of situations where emergency cases have arisen in the
past. He also discussed waiver services
that can be matched by federal Medicaid funds and noted the emergency fund
would provide for a “buffer” to address emergency cases and provide services in
a more immediate manner.
Representative
Berger moved 07LSO-0135.W2. (See
Appendix 4.) The motion was
seconded. Representative Hastert moved an amendment to insert the words “and
the joint labor health and social services interim committee” on page 2, line
21 after the word "committee".
Representative Hastert's motion was seconded, and it passed.
A roll call vote was taken on the bill, and it passed unanimously to be
introduced as a Senate File.
Kathleen Orton,
Wyoming Child Development Services (CDS) spoke in favor of the bill. She also noted that the per child amount
provided by federal funds has been diminished since the amounts have not
increased and the child counts have.
Cliff Mikesell, WDH, indicated the WDH supported the increase in
funding. Responding to questions of the
Committee, Mr. Mikesell noted that $110,000 related to WDH administration was eliminated
from the prior legislation enhancing preschool funding. He explained that funding would be used to
hire contractors to prepare reports for the Legislature and additional FTE
would not be necessary.
Representative
Hastert moved the bill (07LSO-0218.W1).
(See Appendix 5.) The motion was
seconded. Senator Massie moved to amend
page 2, line 7 by adding the following language: “There is appropriated $110,000 from the
General Fund to the WDH to complete the legislative reports required in [insert
Session Law citation]. The Department
may retain a contractor to assist with the completion of the reports.” He directed LSO staff to insert the
appropriate citation. The amendment was
seconded, and it passed.
A roll call vote was
taken on the bill, and it passed, with Senator Massie declaring a conflict. The Committee directed LSO staff to assign
the bill a House bill number.
Later in the meeting,
Representative Berger moved to reconsider this draft and add an appropriation
at the end of the bill in the amount of
$3,930,000 from the General Fund to WDH.
She clarified that her amendment should be inserted as a separate
paragraph from the appropriation of $110,000 to be used by WDH for
administrative purposes. The amendment
was seconded and it passed.
07LSO-0220.W1, Early childhood
mental health.
Kathleen Orton, CDS,
expressed a concern with the reference to “professional mental health” services
on page 2, line 9 of the draft legislation.
She suggested that the language could obligate preschool centers to use preschool
funding for mental health services. She indicated
that under the current language the Legislature could provide a K-12 education external
cost adjustment and early childhood centers would not immediately benefit from
enhanced funding.
Cliff Mikesell, WDH,
agreed with the previously stated concern regarding professional mental health
services.
Clark Burden,
service provider, spoke in support of the legislation.
Representative
Hastert moved the bill (07LSO-0220.W1).
(See Appendix 6.) The bill was
seconded. Senator Massie moved a printed
amendment to add language to W.S. 21-2-706 (d).
(See Appendix 7 for a printed copy of the amendment.) He also moved to delete the first four words
in paragraph (d)(i), specifically, “professional mental health or” within the
text of his prepared amendment. The motion
was seconded and the amendment passed.
Senator Massie moved
to insert an appropriation on page 2, after line 13, from the General Fund to
the WDH from in the amount of $1,099,890.
He noted to the Committee that this appropriation would be a placeholder
to be amended during the Session after the child counts due on December 1, 2006
have been compiled. He clarified that
his amendment was an effort to reflect the actual amount needed from the
General Fund. The motion was seconded and the amendment passed.
A roll call vote was
taken on the bill, as a Senate File. It
passed with Senator Massie declaring a conflict.
Ruth Sommers, RSPs,
commended the Committee’s efforts and spoke in support of the legislation.
Cliff Mikesell, WDH,
requested that the words “feasibility study on the” be added at the beginning
of the sentence on page 2, line 11, since implementation would not be completed
by October 1, 2007.
Senator Massie moved
the bill, and it was seconded. (See
Appendix 8.) Senator Massie moved to insert
the words "A feasibility study on the" after "(ii)" and insert "a cost-based" after the
word "of" on line 11, page 2. The
amendment was seconded, and it passed.
Senator Massie noted
the need for a technical correction on page 3, line 9 - "2006" should
read "2007". He also moved to
change “October” to “December” on page
2, line 5. Senator Massie's amendment
was seconded, and it passed.
Chair
The bill passed on a
roll call vote to be initiated as a House Bill.
Kevin Malm,
Developmental Disabilities Division, Wyoming Department of Health, reported to
the Committee that the Attorney General’s Office was contacted by him during
the week and they reported that no decision had been made regarding the
Department's request as to whether the 10 percent community match applied to
developmental preschool centers.
Chair
Representative
Berger moved the bill, and it was seconded.
The Committee discussed alternative language and the motion failed on a
roll call vote.
The Committee then directed
LSO staff to prepare an additional bill that would amend the definition of "community
board" by eliminating preschool service providers. Jerry Laska, LSO, indicated that he would
prepared the bill and poll the Committee by postcard ballot.
Senator Massie moved
to forward a letter prepared by staff to the Governor and JAC regarding budget
recommendations. (See Appendix 10.) The motion was seconded and the Committee
adopted the language without objection.
Kevin Malm, WDH,
described an analysis he prepared at the request of Chair Harvey that would
provide a regional cost adjustment for individual budget amounts (IBAs) in high
cost counties. (See Appendix 11.) The Committee discussed the results of the
estimates.
Ruth Sommers, RSPs,
indicated that the providers have looked at this issue for some time. She commended the Legislature's historical
support of salary increases in the past.
She suggested that the regional cost adjustment may not address all of
the need, and asked the Committee to consider an across the board increase for
all IBAs to address funding deficiencies.
She indicated that she views this as a stop gap measure until a
cost-based approach is developed. Ms.
Sommers noted that she had considered a variety of indices including average
weekly wage, self sufficiency index, hedonic school index, and the Wyoming Cost
of Living Index.
Shawn Griffin,
Community Entry Services, noted that his business operates in Natrona, Teton,
and
Garry Freel, Big
Horn Enterprises, noted that his organization does not operate in any of the
high cost counties. He stated his
support for the regional cost adjustment, but added there are other underlying
issues that remain unresolved. He
indicated that he would not like to see an across the board increase at the
cost of the regional cost adjustment.
Responding to
Committee questions, Mr. Malm noted that a one percent increase in all IBAs for
all three waivers for one year is approximately $960,000.
Dr. Sherard, WDH,
suggested the need to take a universal approach that would include increases
for various WDH providers.
Darrel Skinner,
Lincoln Alliance, indicated that his programs would not benefit from the
regional cost adjustment as proposed. He
suggested that there are other costs such as fuel costs that need to be
considered and that an IBA inflation increase would be received favorably.
Kevin Malm discussed
the progress of the contract study of provider reimbursements being conducted
by Navigant. He indicated that any
changes resulting from the study would not be available until April 1,
2008. He noted that regional cost of
living differences are not being specifically reported in a cost survey, but
the survey tool captures actual expenditures.
He noted subsequent adjustments would be need to account for vacant
positions and crisis conditions because they would not be picked up in the expenditure
survey.
Represented Berger
suggested a 3 percent across the board increase in addition to the regional
cost adjustment for impacted counties.
The Committee then discussed the priority of the recommendations made to
JAC and the Governor.
Representative Hastert seconded Representative Berger's suggestion in
the form of a motion. The Committee then
directed LSO staff to include this recommendation in the letter to the Governor
and JAC previously approved; to include the priority: (1) out-of-home placement
funding, (2) waiting list funding, and (3) regional cost of living and three
percent across the board increases for FY08 within the text of the letter. The Committee noted that the state funding
should come from the $60 million Budget Reserve set-aside funding to the extent
funds are available. The motion was
approved, with Senator Massie noting that these are not one-time costs and
Representative Berger noting that the IBA increases serve as stop gap measures
until a funding system informed by the Navigant study is implemented.
There being no
further business, Chair Harvey adjourned the meeting at 11:25 a.m.
Respectfully
submitted,
Representative
Harvey, Chair