Volume 7, Number 4 — November, 2006
Election S.B. 628. Introduced by Senator Greenleaf (R-
This issue of A Slice of PIE is going to print before the Montgomery). The bill provides for living wills and
November 7 election. So even though you’ll be reading health care powers of attorney and the implementation
this after the election, we’re sorry that we can’t include of out-of-hospital nonresuscitation orders. The bill
election news. We will circulate election news to our was passed by the Senate on Oct. 16, 2006 and sent
e-mail lists. to the House Judiciary Committee.
Summary of S.B. 669. Introduced by Senator Costa (D-Allegheny).
Provides for court and administrative proceeding
Legislative Action interpreters. The bill passed the Senate on July 3,
2005 and has been voted out of the House Judiciary
The 2005-06 session of the PA General Assembly
Committee and the Appropriations Committee and
officially ends on November 30, 2006. Any legislation
given two considerations by the full House.
which is not passed by both the House and Senate by
that date is “dead” and has to be reintroduced with a
new bill number in 2007. Early in 2007 we’ll be
publishing a review of what happened to legislation of S.B. 808. Introduced by Senator Armstrong (R-
interest to the disability community in 2005-06. If you’d Lancaster). The bill would provide access to the
like to receive a copy, contact the PIE office. Veterans Administration drug benefit for people in
nursing homes. It has passed the Senate and is in the
House Professional Licensure Committee.
Bills of Interest (continued on page 2)
Below we summarize some bills of interest to the
disability community. For more information about these
In This Issue:
or any other state bills, go to: State News . . . . . . . . . page 1
.cfm. At the top of the page is a box labeled, “Find Federal News . . . . . . . page 5
Legislation By”, choose “Bill #”, then enter the bill State & Federal News page 6
number and click on “Go”.
Resources . . . . . . . . . . page 7
Bills of Interest
(continued from page 1)
S.B. 1158. Introduced by Senator Rhoades (R- H.B. 881. Introduced by Representative Allen (R-
Schuylkill). This bill, which was drafted with the support Schuylkill). The bill would amend the Uniform
of disability advocates and the Builder’s Association, Construction Code. It passed the full House and the
would authorize local tax authorities to offer tax credits Senate Labor and Industry and Appropriations
to home owners who build or renovate homes to meet Committees and has been given two considerations by
visitability standards. Passage of this legislation will the full Senate.
enable local governments which have already passed
laws providing for tax credits, like the City of
Pittsburgh, to move ahead. The bill passed both the H.B. 1479. Introduced by Representative Pistella (D-
Senate and the House and was signed by the Governor Allegheny). It would create an Office of Disabilities in
on October 28 becoming Act No. 132 of 2006. the Governor’s Office. The bill passed the House on
June 26 and the Senate State Government Committee
and is in the Senate Appropriations Committee.
S.B. 1335. Introduced by Senator Armstrong (R-
Lancaster). This bill amends the state insurance law.
As it was amended in the House, it requires private H.B. 1649. Introduced by Representative True (R-
health insurance policies to provide coverage for Lancaster). The bill would establish a Drug and
autism spectrum disorders. The bill passed the Alcohol Treatment and Prevention Fund and would
House as amended on October 24 and is in the Senate devote a portion of the liquor tax into the Fund. It
for concurrence in the House amendments. See also passed the House on June 19, 2006 and the Senate
H.B. 2243 introduced by Rep. O’Brien (R-Phila) which Public Health and Welfare Committee and is currently in
passed the House and is in the Senate Banking and the Senate Appropriations Committee. See also S.B.
Insurance Committee. 727 introduced by Senator Pat Vance (R-Cumberland).
H.B. 412. Introduced by Representative Pistella (D- H.B. 1773. Introduced by Rep. DiGirolamo (R-Bucks).
Allegheny). The bill would establish the Pennsylvania This bill would establish a Department of Drug and
Long-term Care Council in law. It was passed by the Alcohol Programs. It has been voted out of the
House on October 16, 2006. House Health and Human Services and Appropriations
Committees and given two considerations by the
H.B. 469. Introduced by Representative E. Z. Taylor
(R-Chester). The bill amends the election code to, H.B. 1813. Introduced by Representative Kenney (R-
among other things, allow for emergency absentee Philadelphia). The bill provides for a regular cost-of-
ballots up to and including on election day. The bill living adjustment for county mental health and
passed the House and Senate and was sent to the mental retardation programs. The bill passed both
Governor on Oct. 30, 2006. He has 30 days to take the House and Senate, but was vetoed by the
action on the measure. Governor on October 27, 2006.
H.B. 700. Introduced by Representative Maher (R- H.B. 2202. Introduced by Representative Reichley (R-
Allegheny). The bill re-establishes a state lobbyist Berks). The bill would require Medicaid to cover home
regulation and disclosure law. It passed both the infusion therapy. It passed both the House and the
House and Senate and was signed by the Governor on Senate and was sent to the Governor on Oct. 30, 2006.
November 1, 2006. The bill will take effect on January He has 30 days to take action on the measure.
1, 2007 and applies to both legislative and
administrative lobbying activities.
(continued on page 3)
Bills of Interest
(continued from page 2)
H.B. 2269. Introduced by Representative Sather (R- H.R. 665. Introduced by Representative Clymer (R-
Blair). The bill would establish a system of protective Bucks). This resolution directs the Legislative Budget
services for adults between the ages of 18 and 59 and Finance Committee to conduct a comprehensive
study and cost review of personal care home
who are abused or neglected. It was developed in
services in Pennsylvania. It was adopted
consultation with a group of consumers, advocates and
September 27, 2006.
family members. For more information, contact Judy
Banks of Pennsylvania Protection and Advocacy at
firstname.lastname@example.org. The bill passed the House on
October 24, 2006.
The Office of Medical Assistance (OMAP) is continuing
H.B. 2545. Introduced by Representative J. Taylor (R- to pursue initiatives under the “Increasing Efficiency
Philadelphia). The bill in part relates to wheelchair and Integrity” part of the OMAP 2006-07 budget. A
accessible taxicabs. It passed both the House and new approach to securing providers of certain services,
Senate but was vetoed by the Governor on October called Selective Contracting, is designed to limit the
27, 2006. number of possible vendors/providers to those who
offer the state the best price and who can provide the
specific services under contract. The first services to
H.B. 2661. Introduced by Representative O’Neill (R- be affected will be specialty pharmacy items (e.g.
Bucks). The bill would exempt continuing care injectibles), with proposals due in November. OMAP
retirement communities from the Medical Assistance continues to develop an RFP for selecting durable
bed approval process. The bill was voted out of the medical equipment (DME) providers, as well. The
House Health and Human Services Committee, was development of selective contracting for home care,
given two considerations by the full House and is in the sometimes also referred to as home health care, is
House Appropriations Committee. temporarily on hold. Disability advocates have
expressed concerns about the effect these changes
could have on the current home and community based
services system and on consumer choice. For
H.B. 2699. Introduced by Representative Kenney (R- information, contact Suzanne Love at
Philadelphia). This bill provides for the expansion of email@example.com.
the Children’s Health Insurance Program (CHIP) and
calls for a study of the HealthChoices managed care
program for medical assistance recipients. It passed
the House and the Senate and was signed by the
Governor on November 2, 2006. Homecare
On July 7, House Bill 247 was signed into law as Act
H.B. 2706. Introduced by Representative DiGirolamo
69 of 2006. It establishes licensure of home care
(R-Bucks). The bill amends the crime code to provide
agencies including those that provide home and
for the offense of sexual crimes against young
community based services. The Department of Health
people with mental disabilities. The bill passed the
must write and publish regulations within one year and
House on October 18. See also H.B. 3033 introduced
has created a section on their website with information
on October 17 by Representative Barrar (R-Chester).
about the Act at
A=189&Q=245787. The email address to contact them
Individuals interested in giving input to the regulatory
process can register to attend one of three
stakeholders meetings scheduled for December, 2006.
ADRC Grant Extension Autism
Pennsylvania is among twelve states awarded On September 21, the Office of Autism Affairs of DPW
continuation funding for the Aging and Disability held an informational meeting. The planned first phase
Resource Center (ADRC) grant and will receive of the development of a system to serve people with
$396,400 over the next two years. The extension will autism would involve adding 20-40 people with autism
allow the project to build on the work that has been to the OBRA waiver. This option was chosen as a first
done and expand it into new areas. The funds will be step with a goal of getting people into service as
used to: 1) Build on the two current centers and quickly as possible. January 2007 is the target date.
develop improved methods to give consumers easier For a copy of the power point presentation from that
access to services; 2) Focus more on helping people to meeting, go to
start planning early for their long term living needs; and http://www.dpw.state.pa.us/Disable/AutismAffairs/
3) Expand the program into two more areas in the AutismNews/003675309.htm. For a free DVD, email
state. The new decentralized model that is not based your name and mailing address to: DPW-
on a physical site will be tested in areas near the AutismOffice@state.pa.us. DPW’s Autism Affairs web
existing centers so that the new demonstrations can site is at www.dpw.state.pa.us/Disable/AutismAffairs.
draw on the experience of the Allegheny Link and
Cumberland Link. For more information contact Elaine
Smith at firstname.lastname@example.org, or 717.346.9713.
Home and Community
Office of The Bureau of Home and Community Based Services
Mental Retardation in the Office of Long Term Living in DPW has received
CMS approval for a renewal of the OBRA and
The Office of Mental Retardation has issued two new Independence waivers for a five year period. The
bulletins. For copies, contact Emily Frola at waivers serve adults with physical disabilities in the
717.783.5761 or go to community. For information about the waiver renewals,
http://www.dpw.state.pa.us/Disable/MentalRetardation contact Carol Ranck at email@example.com or
• Person/Family Directed Services Waiver caps for FY
06-07 (00-06-12) was issued on Aug. 8, 2006. The
bulletin establishes the individual cost of waiver
services, or waiver cap, effective from July 1, 2006
to June 30, 2007. The cap is raised from $22,083
to $22,575. DPW Staff Changes
In August, the Department of Public Welfare (DPW)
• Service Review Protocol for individuals in the announced the appointment of Allen Warshaw as the
Consolidated and Person/Family Directed Services agency’s new chief counsel, replacing Jack Kane.
waivers (00-06-13) was issued on Sept. 7, 2006 and Recently, Warshaw has been in private practice. Earlier
is effective on July 1, 2006. The bulletin’s purpose he was with the Pennsylvania Office of Attorney
is to ensure consistent application of OMR General and he argued on behalf of the state before the
policies and to create a more timely appeal U.S. Supreme Court in Pennhurst State School &
resolution process. Hospital v. Halderman.
Pat Brady, Deputy Secretary of the Office of Long
Term Living in DPW will leave her position on
December 2, 2006.
2007 Budget Medicare Part D
Only the Defense and Homeland Security The six week open enrollment period for Medicare Part
appropriations bills were passed before Congress D begins November 15. Beneficiaries are advised to
adjourned at the end of September. They have passed review the 2007 policy to be sure their prescriptions will
a Continuing Resolution (CR) to keep all federal still be covered and that the tier hasn’t changed for any
programs operating until December 8. The remaining of the drugs they need. Medicare has produced
spending bills that have not been passed may be put “Stand-Alone Prescription Drug Plans” that lists the
together in an omnibus budget bill when they return for available plans and some basic information such as
a post-election, lame-duck session on November 14. monthly premiums. To access the list, go to
2007.asp and click on Pennsylvania.
Bills of Interest
The agenda of the remaining time of the 109th
Congress is uncertain but could include action on Power Wheelchairs
several bills of interest to people with disabilities, The Centers for Medicare & Medicaid Services (CMS)
including: recently issued new rules on power mobility devices
• Protecting Children’s Health in Schools Act of 2006 paid for by Medicare and also lowered Medicare
reimbursement rates. These new rules are scheduled
• Lifespan Respite Care Act of 2005 to take effect November 15, 2006. Advocates have
(H.R.3248/S.1283) expressed concern that the new policy will restrict
access to the devices which people need. For CMS
• Direct Support Professionals Fairness and Security information on the policy change, go to
Act of 2005 (H.R. 1264) http://www.cms.hhs.gov/apps/media/press/release.asp
?Counter=1966. For more information on the advocacy
• Reauthorization of the Vocational Rehabilitation Act perspective, contact Emily Niederman at the ITEM
and the Workforce Investment Act Coalition 202.349.4260 or go to
• ADA Restoration Act (H. R. 6258)
• Genetic Information Nondiscrimination Act
• Local Law Enforcement Hate Crimes Prevention Act
(S. 1086/H.R. 3132)
• Extension through 2007 of the Work Opportunity Tax
Credit (WOTC) that is currently packaged together
with a bill known as The TRIFECTA that includes a
partial repeal of the estate tax and a minimum
Preparedness STATE AND
The Congress has passed the FY 2007 Department of
Homeland Security appropriations bill which includes
the Post Katrina Emergency Management Reform bill.
This bill has important disability provisions such as:
• The inclusion of people with disabilities in every
phase of emergency management activities at all
levels of government;
• Post-disaster case management services;
the Person Rebalancing
• Requirements for accessible temporary and
The Centers for Medicare & Medicaid Services (CMS)
• A National Disability Coordinator; and announced the availability of $1.75 billion over 5 years
• Transportation, communications and for states under the Money Follows the Person
temporary housing. Rebalancing Demonstration to provide incentives for
states to move people from institutions to community
settings. States are eligible for two- to five-year
Evacuation of competitive grants, which will provide for extra federal
medical assistance funding (or “enhanced rate”) for
Service Animals services provided to an individual for the first year after
the individual moves out of an institution to the
The President signed a bill on October 6 that requires community. Pennsylvania policy-makers and
the Federal Emergency Management Agency to ensure stakeholders worked together to develop the proposal
state and local government emergency preparedness in the first step of the process. For a copy of the grant
plans include procedures dealing with the evacuation of go to www.grants.gov, for the press release with a
service animals and pets. It is Public Law 109-308. summary of the initiative go to
and to read the input from Pennsylvania stakeholders,
Federal Employment go to
The Equal Employment Opportunity Commission Pennsylvania submitted its proposal by November 1,
(EEOC) launched an initiative called the Leadership for 2006.
the Employment of Americans with Disabilities (LEAD)
to address the decrease in the number of federal
government employees with disabilities. The LEAD
initiative includes educational events, seminars and
focus group sessions with federal managers, hiring
President George W. Bush announced on September
officials and others to look at why this has happened 5th his appointment of Stephen H. Suroviec, Executive
and to come up with solutions to correct the problem. Director of The Arc of Pennsylvania, to the President’s
For more information, go to Committee for People with Intellectual Disabilities
Dr. Mark McClellan, Administrator of the Centers for
Medicare & Medicaid Services at the US Department of
Health and Human Services, has resigned effective
early October. Leslie Norwalk, the former Deputy
Administrator, is serving as the acting administrator
until a permanent administrator is named next year.
IDEA Regulations PA Deafness Services
The final Part B regulations for the Individuals with In September of 2006 the Legislative Budget and
Disabilities Education Act (IDEA), which went into effect Finance Committee (LBFC) issued their report on
on October 13, 2006, are posted on a new Department services for people who are deaf or hard of hearing.
of Education web site at http://idea.ed.gov. Part B The 244 page report is available at
programs serve children and youth ages 3 to 21. The http://lbfc.legis.state.pa.us/factsheets/2006/385_deaf.pdf
website contains technical assistance and resources or by calling LBFC at 717.783.1600.
including searchable versions of the statute and
regulations. The Council of Parent Attorneys and
Advocates (COPAA) web site, www.copaa.org,
provides analysis and comparison to the former Emergency
The National Council on Disability released “The Impact
of Hurricanes Katrina and Rita on People with
Disabilities: A Look Back and Remaining Challenges,” a
Medicaid Report guide for the President, Congress, and other
emergency planners to develop inclusive emergency
The Kaiser Family Foundation’s Commission on
Medicaid & the Uninsured has published a report called preparedness and response plans that include people
“Medicaid at a Turning Point: Results From a 50-State with disabilities. For a copy of the report, contact Mark
Survey on State Budgets and Medicaid Policy Actions S. Quigley at 202.272.2004.
for Fiscal Years 2006 and 2007.” The report finds that
several factors contributed to the lowest rate of The website of the Department of Homeland Security
Medicaid spending growth across the country in a has added two new sections with information about
decade. It’s available at emergency preparedness for people with disabilities
http://www.kff.org/medicaid/kcmu101006pkg.cfm. and older Americans. To view the link, go to
The Urban Institute has released a 27 page report
called “After Katrina” about the federal, state and local
Medicare Handbook emergency management roles of four major social
programs: housing assistance, unemployment
A 116 page handbook called “Medicare & You 2007” is compensation, Medicaid, and TANF. The authors
now available at recommend that Congress develop emergency
http://www.medicare.gov/publications/pubs/pdf/10050. response policies for these important programs. To
pdf. The Centers for Medicare & Medicaid Services read the report, go to
(CMS) publication has been mailed to Medicare http://www.urban.org/publications/311344.html.
beneficiaries. It is also available in Spanish and in
alternate formats by calling 1.800.633.4227 (voice), The American Red Cross has created a Web site to
1.877.486.2048 (TTY) or at www.medicare.gov. help disaster victims communicate from inside the
disaster-affected areas to people outside. People
within a disaster area can register themselves as “safe
and well” by selecting and posting standard messages
for friends, family members, caregivers and employers
indicating their location and ability to make contact.
The site also has links to agencies that help people
communicate with one another in disaster areas. The
Web site can be found at
Mental Health Congressional
The National Coalition of Mental Health
Second-semester college sophomores through first-
Consumer/Survivor Organizations (NCMHCSO) has
semester seniors interested in working on Capitol Hill
been formed to ensure that the consumer/survivor
can apply for 2007 summer congressional internship for
voice is heard on state and national policy. The
college students with disabilities. Accepted candidates
Coalition currently consists of organizations run by
will work in congressional offices in Washington, DC.
consumers representing 28 states and the District of
Roundtrip air travel and housing will be provided to
Columbia, including representatives from the three
interns, and each student will receive a stipend.
federally funded consumer-run national technical
Applications are available from
assistance centers: the Consumer Organization and
Networking Technical Assistance Center, the National
07.htm. Applications are due by December 11, 2006.
Empowerment Center, and the National Mental Health
Consumers Self-Help Clearinghouse. It supports the
efforts of the federal Substance Abuse and Mental
Health Services Administration (SAMHSA) to transform
the mental health system to one that is recovery-based
and consumer- and family-driven. For additional
information, go to http://www.NCMHCSO.org. PA Protection and Advocacy reports that Pennsylvania
higher education regulations have been amended to,
The PA Office of Mental Health and Substance Abuse among other things, require universities and colleges to
Services publishes a People First newsletter for have student services for students with disabilities. To
consumers, supporters and providers of mental health view this regulation go to www.pacode.com and search
services. The latest issue is available at for 22 Pa. Code Section 31.33(b)(7) or go to
healthpublications/003674986.htm. s31.33.html. For information or assistance with
student services for students with disabilities at a
university or college contact the combined intake
system of Pennsylvania Protection & Advocacy and the
Disabilities Law Project at 800.692.7443 (voice) or
Brain Injury Resources 877.375.7139 (TTY) or email firstname.lastname@example.org.
Listings of Pennsylvania brain injury support groups
and other resources are available on searchable
databases at www.abin-pa.org, the website of the
Acquired Brain Injury Network of Pennsylvania.
Iowa State University has published an updated version
of “Access for Everyone: A Guide to the Accessibility of
Buildings and Sites with References to ADAAG.” The
Employment guide contains information about making public
buildings accessible including recommendations based
The Equal Employment Opportunity Commission on universal design principles. For cost and ordering
(EEOC) has issued a fact sheet on the application of information go to
the Americans with Disabilities Act (ADA) to job http://www.fpm.iastate.edu/accessforeveryone.
applicants and employees who are deaf or who have
hearing impairments. The new publication is available
online at http://www.eeoc.gov/facts/deafness.html.
The most recent edition of the United States
Easter Seals Project ACTION offers a database of
Government Manual is available online. The manual accessible transportation services in the United States
provides information about the executive, legislative, to assist travelers with disabilities, travel agents and
and judicial branches of government. For more tour coordinators. To search the database or to list a
information, go to service, go to http://projectaction.easterseals.com/ and
http://www.gpoaccess.gov/gmanual/browse-gm- click on Free Resources, then Travelers Database.
Social Security Reports CDC Chartbook 2006
The Centers for Disease Control and Prevention has
The Social Security Advisory Board has posted a new published “The Disability and Health State Chartbook
report called “A Disability System for the 21st Century,” 2006 - Profiles of Health for Adults with Disabilities.”
The 52 page report is available at The report contains state level data on the number of
http://www.ssab.gov/documents/disability-system- people with disabilities and information about health
21st.pdf. SSA has also issued a report on improving differences between populations. To read the report go
Hearing processes. It’s available at to http://www.cdc.gov/ncbddd/dh.
Assistive Tech Disability Employment
The Rehabilitation Services Administration has
The Education Law Center has revised its fact sheet on published an updated version of the Disability
assistive technology for students with disabilities. Go Employment 101 publication and its new companion
to http://www.elc-pa.org/pubs/downloads/english/dis- brochure, Disability Employment 101 for Your Business.
assistive%20technology%208-06.pdf. For help with It includes checklists and various other resources to aid
assistive technology in the school or early intervention employers as they prepare to employ people with
setting, contact the Education Law Center at disabilities. These publications can be found at
215.238.6970 (voice) or 877.375.7139 (TTY). http://www.ed.gov/about/offices/list/osers/products/
For general information on rights to assistive
technology, go to
website of the National Assistive Technology Technical
Assistance Partnership (NATTAP). AARP
The AARP has published a Public Policy Institute Fact
Taxis for All Sheet on Medicaid long-term care (LTC) financing and
the progress of state efforts to provide more options for
United Spinal Association has begun a campaign to individuals to receive these services in their homes and
make wheelchair accessible taxi cabs more widely communities. To read the report go to
available. To learn more about the campaign and to http://www.aarp.org/research/housing-
sign up for e-mail updates, including advocacy mobility/homecare/fs132_hcbs.html.
strategies, go to
The federal government has created a website at
www.disabilityinfo.gov that includes many links from 21
agencies for benefits, civil rights, community life,
education, employment, housing, health, technology
and transportation. Many sections also have The second annual Penn Autism Network conference
information about grants and other funding. Click on will take place on the University of Pennsylvania
“USA Jobs” to see federal employment opportunities. campus on March 15-16, 2007. The goal of this
conference, “Journeys through Adolescence and
Adulthood,” is to build a regional network of individuals
with autism spectrum disorders (ASD), their families,
and the professionals who work with them. For more
Speaking for Ourselves information or to apply to be a presenter at the
conference, contact Deirdre Wright, Conference
Speaking for Ourselves will hold the 2006 annual
conference, REAL Self-Determination Means Freedom, Coordinator, at email@example.com or
on December 4-6 at the Harrisburg Hilton. The 610.853.3747 (phone), or 610.853.6137 (fax).
conference honors Octavia Green. Registrations are
due by November 17, but late registrations will be
accepted if space is available. For questions about the
conference, contact Speaking for Ourselves at
800.867.3330 or firstname.lastname@example.org. For information
about registration, contact JENSAR Associates at
717.776.4417 or e-mail email@example.com.
The PIE team: Contact the PIE Team with any questions, comments,
suggestions, or information to share at PIE, c/o UCP
Theotis Braddy, of PA, 908 N. Second Street, Harrisburg, PA 17102,
Consultant and Executive Director of or toll free at 866.761.6129. Reach us by email at
CIL of Central Pennsylvania firstname.lastname@example.org.
Joan W. Martin, • A Slice of Pie is available at the Developmental
Executive Director, Disabilities Council website, www.paddc.org, by
United Cerebral Palsy of Pennsylvania
clicking on “Legislative” and “Policy News”.
Vini Portzline, Archived editions are also found there.
• A Slice of Pie is available in alternate format
Terry Roth, upon request.
• The PIE office will download, copy, and
mail internet information mentioned in
A Slice of Pie upon request.
• A Slice of Pie is available both in print and by
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