By Tom Flanigan
http://stream.publicbroadcasting.net/production/mp3/wfsu/local-wfsu-995859.mp3
Tallahassee, FL – "Those who have, will have to pay at least a little." That's the essence of a new Florida rule that takes effect the first of the year. It will require some people who have disabilities to turn over any excess income they have to help pay for the services they receive. Tom Flanigan reports there are still those who believe the new rule will impose too much of a hardship.
It was the last of two public hearings on the new rule at the Tallahassee headquarters of the Agency for Persons with Disabilities, commonly referred to by its acronym "APD". Agency Attorney Jonathan Grab urged the conference room audience to be open and honest with their input.
"Any language, particularly specific language, that you guys can help us with and provide as suggestions any citations I mean basically that's part of why we're here today to get your input and your assistance with this process."
The focus of the hearing is a new rule that essentially imposes a means requirement on certain people who have disabilities. They are among the thirty-thousand Floridians with developmental disabilities who are cared for in group homes, foster care facilities, residential rehab centers or comprehensive transitional education programs. Today, the total cost of that care is provided under something called the "Home and Community-Based Services Medicaid Waiver."
But after January first, that will no longer be the case for some eight thousand of those clients. That's because any income they receive over a living allowance of just over ninety-three dollars, will be sent to APD to help defray the cost of the service they receive. Agency Deputy Director Charles Ball says it's the only way to deal with a harsh reality.
"If you look at the global situation with the APD budget that we have, the history of the last fiscal year is spending about $120 million more on a population of individuals than the Florida Legislature has provided funding for."
At the same time, Ball says, there is a waiting list of some twenty-thousand clients to get into the program. The new rule, he says, will help plug the budget gap by around eight million dollars. The requirement to send APD anything deemed "excess income" upsets Sandy Dayton. She and her husband have a 21-year-old son who has a developmental disability.
"In reality, because we have worked very hard and we will die one day and that extra money gives us a sense of security to know that my son will get extra Social Security because of our hard work but we're gonna give it to you."
Dayton ended her questions and concerns with a single statement:
"Yes, this is all legal, but is it moral? Just asking."
Stacey Ricketts has concerns, moral and otherwise, too. She's director of operations for the Threshold Center for Autism in Winter Park and is responsible for thirty-two residential clients and one in-home client. One of these clients is 51-year-old "WC" and Ricketts says the new rule would be particularly hurtful to him and his family. That's because WC's parents pay his premium for a pre-paid burial plan, which is considered income under the new rule.
"He gets more than most people do, but his parents want him to be buried with them. They are elderly; we help them administer his stuff. If you apply what you're saying in this rule, he's going to be $10,000 in the hole in 2012. So what am I going to go to his parents and say, I'm sorry. He can't be buried with you.'"
And Ricketts says service providers like hers could even be in danger of having to shut down because of the new rule.
"It does cost more than the legislature understands to care for people with these kinds of disabilities. They need to be educated. So it goes beyond APD. Maybe APD needs to take the stance of trying to educate them how much does it really cost to care for an individual?"
But that education will have to wait for the next legislative session. The new fee collection rule, with whatever minor tweaks are made, takes effect the first day of 2012.