Legislature(1997 - 1998)

03/05/1997 09:06 AM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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        SB 100 DEVELOPMENTALLY DISABLED CHILDREN/GRANTS                       
                                                                              
 Number 419                                                                    
                                                                               
  CHAIRMAN WILKEN  announced that the final order of business before           
 the committee was  SB 100 .                                                   
                                                                               
  MARY DIVEN , with the Department of Health & Social Services,                
 explained that SB 100 is a technical change that would place the              
 grant authority for the Infant Learning Program into the                      
 authorizing statute.  This change was requested by the Department             
 of Law in order to have all the statutes consistent; so that the              
 grant authority is in the authorizing statute rather than the                 
 general department authority to issue grants.                                 
                                                                               
  CHAIRMAN WILKEN  requested that Ms. Diven give an example of what            
 SB 100 would accomplish.   MARY DIVEN  said that the department would         
 like to update the regulations making them consistent with federal            
 law.  The regulations were last updated in 1982.  The Department of           
 Law will not allow the regulations to be open to public comment               
 until this technical correction occurs.  The bill will allow the              
 updating of regulations.                                                      
                                                                               
  SENATOR GREEN  asked what happens with the Infant Learning Program           
 (ILP) now.   MARY DIVEN  clarified that the department has general            
 grant authority to issue grants and the Legislature puts the funds            
 in the grant line.  However, at this point, the department cannot             
 revise any regulations until this technical change is made.                   
                                                                               
  SENATOR WARD  asked if the current regulations were inadequate.              
  MARY DIVEN  replied yes, the regulations were last updated over 15           
 years ago and the federal law has changed.  Ms. Diven noted that              
 the statute was revised in 1992 or 1993, but the regulations need             
 to be revised in order to be consistent with the current statute.             
 In response to Senator Ward, Ms. Diven said that the regulations              
 are causing administrative problems and problems for local service            
 providers.  There is a small list of eligible providers in the                
 existing regulations.  The local providers must request waivers of            
 the state in order to be eligible providers.  The federal statute             
 and regulations has a more extensive list.                                    
                                                                               
 Number 452                                                                    
  SENATOR WARD  noted that Representative James has a Joint Regulatory         
 Task Force.  He believed this would be an appropriate item for the            
 task force to review in order to determine that regulations that              
 are necessary are being created.  Senator Ward did not believe that           
 more regulations were necessary if people were being served under             
 the existing regulations.                                                     
                                                                               
  CHAIRMAN WILKEN  informed the committee that he was a member of the          
 Joint Regulatory Task Force whose agenda is full.  This bill seems            
 to be more of an alignment than a creation.  If this bill was given           
 to the task force, the task force would most likely not have time             
 for its consideration.                                                        
                                                                               
  ELMER LINDSTROM , Special Assistant in DHSS, agreed that SB 100 does         
 raise some questions because what is being done now, what has been            
 done in the past, and what is desired for the future is to run the            
 ILP as a grant program.  When the need arose to update regulations            
 consistent with the recommendations of the regulations group, the             
 Department of Law said that the department did not have specific              
 statutory authority to make grants and therefore could not update             
 the regulations.  The Department of Law denied such although, DHSS            
 has done that in the past and the Legislature has appropriated                
 those grant lines in the budget.  Mr. Lindstrom believed that the             
 provisions in SB 100 were included in a bill that passed out of               
 Representative James' committee last year.  This was also included            
 in an omnibus bill last year which created administrative                     
 efficiencies and ultimately did not pass the Legislature.  Mr.                
 Lindstrom pointed out that if this is not done, at some point the             
 programs would have to be implemented through a contract mechanism            
 which would be very inefficient.                                              
                                                                               
  SENATOR GREEN  asked if there would be any increased cost if the             
 legislation did not pass.   MARY DIVEN  said that there was a                 
 possibility that there would be questions from the federal funding            
 source because of the inconsistency of the regulations with the               
 federal regulations or existing statute.  There has been no                   
 indication that funding would cease, but the potential is present             
 if the inconsistency continues.                                               
                                                                               
  SENATOR GREEN  asked if any exponential growth of the program could          
 occur once this is in statute.   MARY DIVEN  replied no.                      
                                                                               
 Number 511                                                                    
                                                                               
  SENATOR WARD  asked if anything in law would stop this grant process         
 and allow it to become an RFP.   MARY DIVEN  stated that the existing         
 grant regulations require nonprofits and believed that the                    
 departments authorizing statute requires that it be nonprofits.               
                                                                               
  SENATOR WARD  believed that an RFP could go out to profit                    
 corporations in order to supply this service.  Could the grant                
 process be issued in a public bidding process through RFPs to for-            
 profit corporations?                                                          
                                                                               
  MARY DIVEN  said that the existing departmental regulations do not           
 allow such nor do the ILP regulations.                                        
                                                                               
  ELMER LINDSTROM  offered to provide that information to Senator              
 Ward.                                                                         
                                                                               
 In response to Chairman Wilken,  MARY DIVEN  specified that the ILP           
 served children ages zero to three.                                           
                                                                               
  GIGI PILCHER , parent, informed the committee that she was the               
 mother of six children two of which are disabled/developmentally              
 disabled children.  Ms. Pilcher urged the passage of SB 100 in                
 order to comply with federal legislation and continue to serve                
 disabled children.                                                            
                                                                               
  SENATOR GREEN  moved to report SB 100 out of committee with                  
 individual recommendations and accompanying fiscal notes.  Without            
 objection, it was so ordered.                                                 

Document Name Date/Time Subjects