Letter from the Executive Director
A Step Toward a More Equitable Justice System
Leaders from law enforcement, Black Lives Matter, and both political parties gathered at the Governor’s Mansion to witness the signing of bipartisan criminal justice reform for North Carolina. The legislation was a small but significant step in a long journey toward a more racially equitable justice system after the murder of George Floyd.
I had the honor to attend the signing. I serve as the Legislative Committee Chair of the Governor’s Task Force for Racial Equity in Criminal Justice. While that may sound like a big responsibility, I was a minor player who worked with and witnessed the legislative leaders, agency staff, and advocates who made this limited reform happen.
Change is hard. This is particularly true when systems, processes, opinions, and perspectives are diverse and entrenched. I learned a lot from my service on the Taskforce that I hope to use as a disability advocate.
Attorney General Josh Stein and Justice Anita Earls, the co-chairs of the Taskforce, took a multi-pronged approach to make reform. They gathered diverse leaders with diverse and sometimes opposing perspectives. Together, we did the hard work to find consensus and make recommendations. Next, we worked to turn the recommendations into reality. The General Assembly was just one of the places we sought change. The Taskforce also worked with the Executive Branch, the Judiciary, local communities, and funders. We also developed longer term strategies involving communications and data.
There are lessons here for the disability community. We must take a similar multi-pronged approach to make change. We must work to make change not just at the General Assembly but also at our state agencies, local communities, and in the hearts and minds of all North Carolina citizens.
Talley Wells, Executive Director
Public Policy Update as of September 8
STATE UPDATE
Legislative/Budget
Following the approval of their separate budgets, a conference committee was appointed to work out differences between the House and Senate. The work has been slow and it may be the end of September or later before a state budget is passed. Once passed, the budget will go to the Governor for signature. Legislative leaders are working closely with the Governor’s office in order to avoid a possible veto of the budget.
The NC House version spends significantly more on some health and human services priority items, like increasing the wages of direct support staff, and also requires a plan for increasing Innovations slots and community-based services beyond the next two years. Below is a comparison of some of the items that relate to the Council’s priorities.
Adds $40 million to a fund for public schools to use if enrollment of students with special needs exceeds anticipated enrollment. Note that the 12.75% cap on special education funding for school districts remains in place in the Senate’s budget bill and this additional enrollment funding still cannot exceed this cap. |
Adds $40 million to a fund for public schools to use if enrollment of students with special needs exceeds anticipated enrollment. Note that the 12.75% cap on special education funding for school districts remains in place in the Senate’s budget bill and this additional enrollment funding still cannot exceed this cap. |
The House budget includes 7.7 million to increase the cap on the current funding formula for children with disabilities from 12.75% to 13%. |
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Requires a report to look at current ways of allocating money per student with disabilities and make recommendations about better ways to do this. Report due March 2022. |
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Change to the state’s process for special education due process appeals by ending the practice of appealing cases to a special education Review Officer and allowing for parents to file civil cases in state or federal court following the decision of an administrative law judge. Almost no appeals were won by families using the Review Officer process, and this change allows for a more impartial appeal process. |
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Provides funding to allow an additional 1,000 Innovations waiver slots - 800 new slots effective January 2022 and 200 slots effective by October 2022. |
Provides funding for 1,000 Innovations waiver slots - 420 in October 2021 and 580 in July 2022. |
Provides funding to increase Medicaid reimbursement rates for the purpose of increasing direct care worker wages among HCBS providers. (This is a response to HB 914 Support Our Direct Care Workforce). |
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Provides funding for a wage increase for direct care workers employed by intermediate care facilities for individuals with intellectual disabilities (ICF/IIDs). |
Provides ongoing funding after receipts in the amount of $17,500,000 in the second year for a wage increase for direct support personnel employed by Medicaid providers, effective July 1, 2022. |
Uses the $274 million in savings from increased federal share of Medicaid funding to create a home and community-based services reserve (HCBS Reserve) to be used to fund expanded access to home and community based services. |
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Requires NC DHHS to plan for additional Innovations Waiver slots that could be added in the future. Report is due March 2022. |
Tailored Plans
As reported last month, the Department of Health and Human Services (DHHS) announced that all seven of the current LME/MCOs received the awards to become Behavioral Health/Intellectual and other Developmental Disabilities (BH/IDD) Tailored Plans beginning on July 1, 2022. This will shift to six Tailored Plans assuming the merger between Cardinal Innovations and Vaya Health progresses as well as the other county disengagements that are underway.
Below are the counties included in each LME/MCO. The highlighted counties are those who left Cardinal and other LME/MCOs.
Alliance Health: Cumberland, Durham, Johnston, Orange, Mecklenburg and Wake.
Eastpointe: Duplin, Edgecombe, Greene, Lenoir, Robeson, Sampson, Scotland, Wayne and Wilson.
Partners Health Management: Burke, Cabarrus, Catawba, Cleveland, Davie, Forsyth, Gaston, Iredell, Lincoln, Rutherford, Stanly, Surry, Union and Yadkin.
Sandhills Center: Anson, Davidson, Guilford, Harnett, Hoke, Lee, Montgomery, Moore, Randolph, Richmond and Rockingham.
Trillium Health Resources: Bladen, Brunswick, Carteret, Columbus, Nash, New Hanover, Onslow, Pender, Beaufort, Bertie, Camden, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Jones, Martin, Northampton, Pamlico, Pasquotank, Perquimans, Pitt, Tyrrell and Washington.
Vaya Health: Alamance, Alexander, Alleghany, Ashe, Avery, Buncombe, Caldwell, Caswell, Cherokee, Clay, Franklin, Graham, Granville, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Person, Polk, Rowan, Swain, Transylvania, Vance, Watauga, Wilkes and Yancey.
Pending: Chatham, Halifax, Stokes and Warren.
In this interim one-year period, Medicaid beneficiaries who are eligible for a Tailored Plan will receive physical health services through Medicaid Direct and BH/IDD services through the LME/MCOs.
As a part of the responses to the Request for Application (RFA), each LME/MCO provided the name of a Standard Plan (PHP) with which they intend to partner to provide integrated physical, BH, IDD, SUD care. The following were listed in the RFAs:
There is still work to be done before these LME/MCOs will officially become Tailored Plans on July 1, 2022. NC DHHS has a Readiness Review process that requires the LME/MCOs to meet certain requirements before they can begin work on July 1, 2022.
Advanced Medical Home Plus (AMH+) practices and Care Management Agencies (CMAs)
A critical part of Medicaid transformation are Advanced Medical Home Plus (AMH+) practices/Care Management Agencies(CMAs) which will provide coordination and support for people enrolled in the Tailored Plans. The Department has conducted desk reviews of round one Advanced Medical Home Plus (AMH+) practices/Care Management Agencies (CMAs) provider applications and advanced 54 providers to the site review stage.
The certification candidates advancing on to the site review phase are:
The 7500
DHHS continues to share information for the 7500 Medicaid beneficiaries who are eligible for the Tailored Plan, but chose the Standard Plan. As of June 30th, 7,500 Tailored Plan eligible individuals had chosen a Standard Plan. This would prohibit them from receiving services that are only available through the LME/MCOs and Tailored Plans. These individuals have received written materials and access to an Enrollment Broker so they can make an informed choice about their plan.
Celebrating DSP Week: Meet Dave Owen
“I think he liked me.” That’s what Dave Owen thought to himself after interviewing for the job as a Direct Support Professional (DSP) to assist Bryan Dooley, currently the vice chair of the North Carolina Council on Developmental Disabilities (NCCDD).
Direct Support Professional Recognition Week was September 12-18 this year and is a great opportunity to highlight the dedicated DSPs that are the heart and soul of supports for people with disabilities.
When the business Dave was working for shut down, he saw a friend’s Facebook post about Bryan needing assistance. “I thought it sounded like an interesting job, and I applied,” Dave said. Dave holds a Bachelor of Music degree from UNC School of the Arts and has been involved in the music industry for over 25 years. “I had no idea what a DSP was, and I actually didn't learn the term until later in our tenure together,” Dave explained.
Fast forward over five years together and Dave and Bryan have formed a formidable duo. They advocated together on North Carolina Legislature’s House Bill 665 that addresses the staffing crisis for positions assisting people with disabilities. After doing their research, Dave said, “North Carolina was dead last in paying their support staff. Not just dead last, but number 51 out of 50 states. That's negative 1. How does this wonderful state become the worst in the country in supporting essential workers?”
Even now while working a second job as a concert production runner for Live Nation, Dave spends 12 to 18 hours a day, five days a week with Bryan. Dave says his DSP job has helped him gain a new level of patience and empathy.
But Dave admits, “Sometimes the hours are long. If I don't have backup, I am basically the primary caretaker and lifeline. Burnout can be an issue, so setting boundaries and giving respite to recharge our collective batteries are essential.”
Dave says about being a DSP, “It's a labor of love. I wholeheartedly feel I have become a much more grounded person since becoming one. I struck gold when I found Bryan.”
NCCDD Hosts Self-Advocate Discussion Series
NCCDD is hosting a monthly self-advocate discussion series facilitated by Chris Hendricks, NCCDD Policy Education Coordinator/Legislative Liaison and NCCDD self-advocate executive committee member, Cheryl Powell starting October 6, 2021.
The goal of the series is to prepare, organize and mobilize NC self-advocates for influencing social and systems change. The Council aims to emphasize the value of people with disabilities to build and maintain relationships with NC legislators and decision-makers while bridging relationships and a network among NC self-advocates.
The webinars will be held from 1-2 PM monthly via Zoom on:
Register via Zoom for the sessions on NCCDD’s website.