IN THIS ISSUE:

• Conference Committee funds waiting lists at less than 10 percent
• House Public Health Committee delivers surprise in “futile care” bill
• Election yields property tax relief for Texans with disabilities and seniors
• “Scooter’s Bill” becomes law just in time for graduation
• Post-session call will feature what did (and didn’t) happen in the 80th Texas Legislature

 

Conference Committee funds waiting lists at less than 10 percent

Late last Thursday night, the House-Senate Conference Committee approved $107 million to reduce the waiting lists for home and community-based Medicaid waiver services. The Disability Policy Consortium (DPC) and other advocates have worked throughout the legislative session to convince lawmakers to devote enough funding to reduce the waiting lists by 20 percent over the next biennium. The committee’s recommended appropriation will reduce the lists by less than 10 percent.

Advocates anticipate that at least some of the funds that would have gone toward waiting list reduction will be used to increase the rates paid to vendors who provide home and community-based services. In the final days of the session, personal attendants and their supporters will work with legislators in hopes of assuring that any rate increases get passed through to direct care workers in the form of improved salaries and benefits.

“Futile care” bill passes full Senate, substituted in House Public Health Committee

Members of the House Public Health Committee added a new twist to the story of SB 439, the so called “futile care” bill last Thursday. The bill, authored by Sen. Robert Deuell, R-Greenville, had passed the full Senate earlier in the week after careful negotiations with parties on all sides of the issue, leading some observers to believe it would pass through the House on a smooth course.

The Public Health Committee, however, adopted an amendment by Rep. Garnett Coleman, D-Houston, that significantly changes the definition of a terminal condition as contained in the Senate’s bill. The change is of particular concern to the disability community because it endangers people with disabilities who may need a life sustaining therapy while hospitalized—even though their conditions are not terminal.

Advocates who have worked on this issue for months say they believed the compromise reached before the Senate passed its bill would be honored by all sides. The amendment—agreed to by committee members in a huddle around Chairperson Dianne Delisi’s desk—came as a surprise. On Friday, advocates continued to work to try to find a way to address the impact on the disability community.

As passed by the Senate, SB 439 would more than double the amount of time families would have to locate other care options when a hospital decides to withdraw treatment for terminally ill patients. Under current Texas law, hospitals must give families two days’ notice that a doctor will recommend withdrawing treatment and an additional 10 days to find a place willing to treat their loved one. The bill under consideration would require seven days’ advance notice and 21 days to find alternative care. A family could also seek a court review, which could add another 20 days to the time frame.

At this writing, the fate of the legislation is unclear. Any differences between the House and Senate versions of the bill will need to be resolved by a conference committee and returned to each body for a vote by the end of the session.

Baby Emilio passes away, his life drew attention to important concerns

Meanwhile, Emilio Gonzales died in an Austin hospital late Saturday - a week before an Austin judge was to decide if the hospital could withdraw life support against his mother's wishes. The 17-month-old had a rare central nervous system disorder diagnosed as a terminal illness, and had been hospitalized and on a respirator since late last year. His mother's fight to prevent doctors from taking Emilio off life support served as a dramatic illustration of the issues under debate in the legislature.

The DPC has developed a position statement in support of allowing families—not hospitals—to make end of life decisions.

Election yields property tax relief for Texans with disabilities and seniors

On May 12, Texas voters reversed a legislative error that had left people with disabilities and seniors who own homes out in the cold when it came to property tax relief. Voters passed a constitutional amendment to include people with disabilities and seniors in the one-third property tax reduction that state lawmakers gave all other homeowners in legislation passed in 2005. The exclusion was an unintended oversight. The constitutional amendment passed with an overwhelming majority of votes.

“Scooter’s Bill” becomes law just in time for graduation

As expected, Governor Perry signed “Scooter’s Bill” into law earlier this month. Now, a student in an individualized education program (IEP) who has completed four years of high school can participate in graduation ceremonies with the rest of his or her classmates. The law allows students to continue their education after commencement and to get a diploma upon completing the IEP. Sen. Judith Zaffirini, D-Laredo, sponsored the bill in honor of Gene “Scooter” Long, a Dallas student who was not allowed to participate with his classmates in high school graduation ceremonies.

It’s a wrap! Post-session conference call will feature what did (and didn’t) happen in the 80th Texas Legislature. Sign up for the DPC conference call today!

Make plans now to participate in the upcoming DPC Educational Conference Call scheduled for Friday, June 22, beginning at 12:00 p.m. (noon) Austin time. This will be our legislative wrap up call—a great way to get the scoop on the legacy of the 80th Texas Legislature.

You can participate in one of two ways:

• In person at the Advocacy, Inc.’s state headquarters (7800 Shoal Creek Blvd., Suite 171-E, in Austin).
• Toll-free conference call. (Call-in number will be relayed when you RSVP.)

Please RSVP for the call by contacting Toni Byrd, DPC Project Coordinator at (512) 371-1783 or toni@dpctexas.org. She’ll send the agenda and call-in information prior to the event.

 

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