SURVIVAL COALITIONOF WISCONSIN DISABILITYORGANIZATIONSGuiding Principles: Survival Coalition is a cross-disability coalitionwhich works in partnership with local organizations, coalitions,consumers, advocates, and families throughout the state and makesintensive efforts to ensure that our priorities promote and advancethe wishes of people with disabilities and their families. TheCoalition will promote policies, programs, and practices thatadvance integrated, individualized, community-based supports andservices.Our Vision : The Survival Coalition of Wisconsin DisabilityOrganizations is committed to creating a society in which peoplewith disabilities of all ages receive the services and supportsneeded, throughout their life span, and can choose to live their livesas they wish and be full participants in community life.ORGANIZATION STRUCTURECo-ChairCo-ChairLynn BreedloveShel n [email protected] OrganizationsAARP- Wisconsin American Association on Mental Retardation, Wisconsin ChapterArc Dane CountyArc-Wisconsin Disability AssociationAutism Society of Southeastern WIAutism Society of WisconsinBrain Injury Association of WisconsinCoalition of Wisconsin Aging Groups Community AllianceProviders of WI (CAPOW)Dane County Developmental Disabilities CoalitionDisability Rights WisconsinEpilepsy Foundation, South Central WisconsinFamily VoicesGrassroots EmpowermentProjectHearthstone Independence FirstIndependent Living Council of WisconsinLearningDisabilities Association of WisconsinMental Health America of Wisconsin NAMI Wisconsin, Inc.National Multiple Sclerosis Society, Wisconsin ChapterOptions for Independent LivingPeople FirstWisconsin, Inc. Rehabilitation for Wisconsin, Inc.Respite Care Association of WisconsinServiceEmployees International Union Local 150Society's Assets, Wisconsin.The Steinhauer GroupWisconsin Coalition of Independent Living CouncilUnited Cerebral Palsy of West Central WIWaismanCenterWisconsin ADAPTWisconsin Coalition for Independent Living CentersWisconsin Council on Children and FamiliesWisconsin Board for People with Developmental DisabilitiesWisconsinCouncil on Physical DisabilitiesWisconsin FacetsWisconsin Occupational Therapy AssociationWisconsin Direct Care AllianceS u r v iva lCoalitionof Wisconsin Disability OrganizationsReport CardonDisability IssuesIn WisconsinState LegislatureSpring 2008131 West Wilson Street, Suite 700, Madison, Wisconsin 53703(608) 267-0214 voice/tty (608) 267-0368 fax

Overview of SessionThe recent legislative session was a “mixed bag” from the perspective of theSurvival Coalition. Some disability groups made substantial progress oncertain fronts, while other groups experienced setbacks. As a cross-disabilitycoalition, that is a matter of serious concern to us.Approval of the Governor’s proposed expansion of Family Care and Agingand Disability Resource Centers (ADRCs) will mean the eventualelimination of waiting lists for adults with developmental disabilities orphysical disabilities in a number of new counties, which is good news.However, disability advocates continue to have concerns about the wayFamily Care is being implemented (e.g., over reliance on congregate services,limited emphasis on self-directed supports).The Children’s Medicaid Waivers also received a biennial funding increase of 9.5 million (state and federal funds combined), the first funding increase inthe last five biennial budgets. This will significantly reduce waiting lists forchildren.On the other hand, funding for community services for children and adultswith mental illness were not increased, which continues the unfortunatemulti-year trend of the state favoring certain disability groups over others.While some youth with severe emotional disturbances will be served throughthe additional funding for children’s waivers, the failure to increase fundingfor CCS and CST will leave many others waiting for services. This means theonly way counties can increase the provision of Medicaid CSP or CCSservices is by putting up more county funds to access federal matchingfunds.In other areas, Medicaid Personal Care rates only went up 1.5% in Year 2(the Survival Coalition goal was 5% for the biennium). Categorical Aides forSpecial Education were increased by 53 million over the biennium (theSurvival Coalition goal was 100 million).The Special Budget Repair session ended in late May, with an agreement byGovernor Doyle to make sizable cuts in the state budget for FY 2009.Unfortunately, at the time of this Report Card it is not known whatproportion of those cuts will be made in state programs that serve peoplewith disabilities. So it is impossible to predict whether any of these cuts willhave a detrimental impact on children and adults with disabilities.Obviously, this approach to “budget repair” excludes people with disabilitiesand the rest of the public from helping to prioritize the programs whichshould be exempted from cuts.Other LegislationBillDescriptionAB 461Equal protection for state employees under ADA.(FAILED)AB 272Campaign finance reform. (FAILED)SB 12Broad legislation to achieve campaign finance reformin legislative race. Includes new spending limits, increased public financing and disclosure of donor forissue ads. (FAILED)SB 171Full public financing to candidates for the Wisconsin.Supreme Court who agree to limit their campaignspending to 400,000. (FAILED)AB 139Create new independent panel to conduct review ofdeaths in correctional institutions. (FAILED)AB 87Modifying the definition of income and assets underthe homestead tax credit (less people will be able toclaim credit). (FAILED)GuidePositive affect for people with disabilitiesNot positive for people with disabilitiesNutural/ mixed affects

Areas for Improvement Inadequate funding to the mental health system to decreasewaiting lists for many services has resulted in: Increased strain on counties/tribes that must providemany of these services. Increased (22%) inpatient admissions at the two statepsychiatric institutes from 2004-2007. Medicaid funded inpatient episodes rose 7% from 2003to 2006. Approximately 20% of inmates in correctional facilitieshave mental illnesses requiring treatment and theseinmates are more likely to return within the first twoyears; 56% are back in a correctional facility within 5years. FFY 2008-2009 Adult Mental Health Plan projects a2.8% decrease in access to adult mental health services. Address inadequate rates for personal care and the CommunityIntegration Program (CIP) 1 B. Address the growing problem of direct care workers who have nohealth insurance. Address the need for private Health Insurance to provide a fullrange of services needed for people with disabilities. Address the need for more accessible and affordabletransportation for people with disabilities. Access to dental services continue to be a huge problem forpeople with disabilities. Increase funding for special education categorical aid. Reform school finance system .Long Term CareThe 2007-09 Biennial Budget for long term care programs turned outfairly well for disability advocates. The governor’s proposed funding toexpand Family Care to many new counties and to create Aging andDisability Resource Centers in an even larger number of counties wasapproved by the legislature. The legislature added additional funding toenable counties with high “county overmatch” spending on long term careservices to reduce their spending as Family Care starts up in each county,and to create a new Family Care advocacy program for people under age60.One downside of this budgetwas the failure of the legislatureto provide reasonable rateincreases for the MedicaidPersonal Care Program (theincrease in the budget was only1.5% in year 2). Advocates hadhoped for a 5% increase. TheCommunity IntegrationProgram (CIP) 1B received norate increase at all.A bill reducing the nursinghome bed cap for Wisconsin from51,795 to 42,000 beds did pass thelegislature. (AB 674A proposed bill providing a newdefinition for “service animal” wasviewed as helping one group andhurting another one. SurvivalCoalition had difficulty supportingthis bill because we are a cross disability coalition. (AB 287/SE 111)Other BillsBillSB 268DescriptionCommunity oversight of residential care facilities forchildren and youth, group homes, CBRFs, AFH.(FAILED)SB 283Requires DHFS to establish standards of care and treatment for people with Alzheimer’s in residential facilities.(FAILED)SB 393/AB 698Increase requirements for Personal Care Worker background check time frame from 4 yrs. to 2 yrs. Appliesonly to PC Agencies. (FAILED)

Children's Long Term CareSurvival Coalition priorities to support services and systems reform forchildren and youth with disabilities and their families resulted in mixedsuccess. While none of the systems change priorities were approved, forthe first time in over a decade the legislature approved significant fundingto address waiting lists for children.They approved fundingto serve children on waitinglists for long-term supports by 9.5 million (all funds). The newfunding must be used with theChildren’s Waivers to maximizethe federal contribution. Allcounties received new fundingto; 1) serve children on waitinglists, 2) provide one time funding for urgent high cost needsand 3) serve youth on waitinglists who will be transitioninginto adult long-term supportswithin one year who are a) 17and over in counties that arestarting Family Care in the 0709 biennium, and b) youth 21and over in counties that arenot coming on-line with FamilyCare in the 07-09 biennium.They failed to advanceimprovements in the children’ssystem change initiatives thatwould have funded demonstration projects to evaluate the useof managed care to meet thelong-term support needs of childrenand an infrastructure for information, assistance, advocacy, andaccess to supports and services thatis responsive to the unique needs ofchildren and families.They failed to provide comprehensive health care coveragefor middle income children withsignificant medical costs ordisability, those who do not meetthe level of care for Katie Beckett orthe Children’s Waivers. This grouphas significant needs that are notcovered in the Badger Care benchmark plan. These childrenneed a way to buy into the servicesand medication available in themore comprehensive standard plan.In addition to funding to serveeligible children on waiting lists, thepassage of Badger Care is a hugestep toward access to health care forall children.HousingIncrease the availability of integrated, affordable, and accessiblehousing for persons with disabilities.Extending the life of a TaxIncremental District and allowing municipalities to use revenuefrom the extra year towardhousing. passed the Senateunanimously, but failed in the Assembly. (SB426)Property tax exemption fornon-profit associations, failed inthe Assembly, also. (SB403)WHEDA should require housing developments that use tax credits toincorporate Universal Design for increased accessibility of new housing.This was not included in Governor’s Budget, nor was there any legislation drafted.WHEDA did work with advocates to revise their scoringsystem to improve the accessibility section.Support an increase in the realestate transfer fee along withother dedicated funding streamsto fund a state housing trust fundat the level of 80 million. FailedDedicate funding to supporthousing in the community forpeople moving out of institutionalliving. Failed.TransportationSeek systems change to develop an affordable, accessible, responsivenetwork of transportation systems that improve options for individualswith disabilities.Legislation requiringassistance from gas station employees for dispensing fuel &displaying signage failed. (AB882)Legislation expanding thecertifiers for disabled plates didpass. (AB 169)Legislators failed to pass abill requiring specialty medicalvehicles transporting personswith disabilities to display driveridentification. Failed (AB 665)Increase the State’s investment by 6 million in the next 2years to improve access to vitaltransportation services did notpass. (budget)

EducationVotingThe 2007 legislative session ushered in new era in election administration inWisconsin. The legislature approved to create the Government Accountability Board (GAB) to oversee elections, ethics, and campaign-financelaws in Wisconsin. The GAB replaces the former Elections Board and Ethics Board with a panel of six non-partisan retired judges.Creation of a GovernmentAccountability Board,enforcement of elections, ethics,and lobbying regulation laws,venue for prosecution of certainoffenses, granting rule-makingauthority, making appropriations,and providing penalties passed thelegislature (SB1)Public access to voter registration identification numbersbill passed. (AB 295)vote and register to vote at the pollson Election Day did not pass. (ARJ17)A bill enabling voters toelect that a photo identificationbe required in order to vote did notpass. (SB 200/AB 549)Elimination of same dayregistration and change otherregistration deadlines for votersdid not pass. (AB 158)Legislation requiringPhoto identification in order toVoting right issues are important to Survival Coalition and the disabilitymovement. Participating in the electoral process is an important aspect ofcitizenship and empowerment.Survival Coalitions supports legislation which will remove barriers andmakes it easier for people with disabilities to vote.The right to receive a free appropriate public education (FAPE) ismandated in both federal and Wisconsin law. However, insufficientfunding of special education, and an inadequately and inequitably fundedgeneral education system has resulted in school districts facing the hardchoice of either violating special education law and failing to provideFAPE, or reducing funding for regular education programs in order tomeet their legal obligations todid provide a modest increase inIncrease special educationfunding for 4 year old kindergarten.categorical aids: The Survival CoaReform school financelition sought 100 million increaseover the biennium. The 2007-09system: The Survival Coalitionbiennial budget increased this fundsought a fundamental reform of ouring by 53 million.school finance system to removerevenue caps and increase fundingExpand and improve inclusivefor special education. The biennialearly child care and learning: Thebudget did not reform the schoolSurvival Coalition sought: a) enfinance system at all. However, inhanced professional development inaddition to the modest increase tothe area of inclusion; b) establishspecial education funding, therement of a child carewere also increases to the Milwauquality rating system, which wouldkee Student Achievement programinclude rating the capacity of child( 10 million); the School Breakfastcare centers to include children withprogram ( 3.3 million); the SAGEdisabilities; and c) expand 4 year oldprogram ( 27 million); Schoolkindergarten options which wouldTransportation ( 40/student travelallow more 4 year old children withing 12 or more miles to school);disabilities to participate in regularHigh Poverty district funding ( 21education settings. The biennialmillion); Small Rural District fundbudget did noting ( 3.6 million).enhance child care in any way. ItOther BillsBillDescriptionAB 402 Open Enrollment permits a school district to consideradditional criteria related to the disciplinary and criminalhistory of a pupil when deciding whether to accept or reject thenonresident pupil. (FAILED)SB 42School policies on bullying would have required all schools tohave policies.( FAILED)

Mental HealthPriorities to support funding and services for people with mental illnessesfared poorly in the 2007-2008 legislative session. With the exception of someincreases in the criminal justice area the Legislature did not support the issuesidentified by Survival Coalition:Comprehensive Community Services. The Legislaturefailed to increase the non-federalshare of Medicaid for this service.(budget)Systems of Care. TheLegislature failed to expand fundingfor collaborative systems of care foryouth with serious emotional disturbances. (budget and AB700)Parity. The Legislature failedto pass legislation to create parity incommercial insurance coverage formental health and substance abusedisorders. (budget and SB375)Corrections. The Legislature didapprove funds to increase mentalhealth services at the TaycheedahCorrectional Institution and also approved proceeding with planning fora mental health treatment facility forfemale offenders similar to Wisconsin Resource Center. It may not be acoincidence that the State was facinglegal action from the US Departmentof Justice and the American CivilLiberties Union in relation to mentalhealth care for female offenders.The most significant “successes” for mental health advocates were in limitingthe potential negative consequences of two bills:Advocates worked ensure thatlegislation conforming Wisconsin tothe national instant backgroundcheck system did not go beyondwhat was required by the federalgovernment in ways that might bediscriminatory to persons with mental illnesses. (AB424/SB216)Advocates worked with theDepartment of Health and FamilyServices to limit expansions onmental health information that canbe shared without consent as partof the Governor’s eHealth initiative.(AB793/SB487)The Legislature did approve a bill that would modify current statutoryrequirements related to the Wisconsin Council on Mental Health whichwere designed to enhance stakeholder representation on the Council.(AB173)Healthcare and InsuranceHealth insurance access continues to be a significant issue for people withdisabilities and the people who serve them. But a divided legislature, withvery different philosophies about health care, failed to pass any piece ofsignificant legislation related to health care. Comprehensive health carereform legislation--Healthy Wisconsin—was introduced in the Senate butfailed to pass before the session ended. Survival Coalition was supportive ofmany aspects of the legislation, including the fact that it would eliminatedenials due to pre-existing conditions and would provide equitable coverageof mental health and substance abuse disorders. Survival did have concernsabout the impact on agencies employing personal care workers. While accessto affordable health insurance would be advantageous to many of theseworkers, the ability of these agencies to meet their share of the costs waslimited by the fact that they are primarily publicly financed and inadequatelyreimbursed. (SB562)The legislature failed to pass three bills that would have expanded currentrequirements for health insurance coverage:Autism. The Senate passedlegislation to require commercialinsurance coverage of autism spectrum disorders. However the Assembly, which opposes health insurance mandates, tried to modifythe bill to simply fund an expansion of the current state-fundedprogram. This failed to pass theAssembly prior to the end of thesession. (SB178/AB417)Hearing aids and cochlearimplants legislation to requirehealth insurance coverage of theseproducts for infants and young children passed the Senate but failed topass the Assembly (AB133/SB88).Mental Health/SubstanceAbuse legislature failed to pass. Thislegislation would haverequired equal coverage of mentalhealth and substance abuse disorders(SB375).Other BillsBillDescriptionAB691Would have removed the marriage penalty for a certainclass of individuals eligible for Medicaid. (FAILED)SB144Would have made a number of changes to conformWisconsin to federal law related to divestment and eligibility as they impact Medicaid long term care services. (FAILED)

National Multiple Sclerosis Society, Wisconsin Chapter Options for Independent Living People First Wisconsin, Inc. Rehabilitation for Wisconsin, Inc. Respite Care Association of Wisconsin Service Employees International Union Local 150 Soc