August 9, 2021
Minutes
Minutes
Attendees via Zoom: Ann Marie Mayberry, Beth Hannon, Betsy Hopkins, Carol Snyder, Cathy Dionne, Helen Hemminger, Lauren Wille, Rachel Dyer, Sierra Hillebrand, Trena Jackson, Independence Association, Sue Murphy, Robin Levesque, Brenda Smith, Teresa Barrows, Todd Goodwin, Linda Lee, Paula Bush, Margaret Cardoza, Ray Nagel, Jillian Jolicoeur, Julie Brennan, Heidi Mansir, Kim Humphrey, Luc Nya, Magda Darling, Ed & Suellen Doggett, Libby Stone-Sterling, David Cowing, Stacy Lamontagne, Jodi Benvie, Vickey Rand, Cullen Ryan, and a few people who joined the meeting in progress and/or left prior to its conclusion.
Click here for a link to a recording of this meeting
Cullen Ryan introduced himself and welcomed the group. Minutes from the last meeting were accepted. Participants introduced themselves.
Featured Speaker: Helen Hemminger, Research and KIDS COUNT Associate, Maine Children’s Alliance. www.mekids.org Topic: 2021 Maine KIDS COUNT Data Book.
Cullen: Today we have Helen Hemminger, Research and KIDS COUNT Associate with Maine Children’s Alliance, presenting on the 2021 Maine KIDS COUNT Data Book. We’re in for a great presentation today. We’re going to learn all about the state of where kids are in Maine. There are shocking and surprising little bits of information in here. I really appreciate you compiling this and sharing it with us. Thank you for being here today, Helen!
Helen Hemminger: I can take questions at the end. A lot of the data points were from data prior to the pandemic. Though, in some areas we’ve added some pandemic-related metrics and data as well.
Begin presentation (Click here for the presentation):
Notes on some specific data points:
Discussion:
- It was asked if they are regularly looking at data points throughout the state.
Helen: Every so often there will be an important study done that is a one-off but contains important data we’d like to include. Generally speaking, there are criteria by which we adhere for inclusion in the data book – that the data be yearly and publicly available for instance. Nowadays about 2/3’s of the indicators are from a linked source. There are a few data points where we ask the State to send us data, and a few that were one-time studies, but the data is invaluable and reliable and will likely not be redone. Pages 44 to 52 explain every indicator and where the data came from, including links where available.
-It was asked what Maine can do about being last in the nation about early intervention for the 0-1-year-old group.
Helen: There have been a few bills, which are complicated; some of the bills are overlapping, and some are still on the table. I’m hoping someone will be able to speak to this. There are a few barriers – the referral system is one. It appears to be a child welfare referral at first and parents are reluctant to accept that referral. Some states have mentoring-type resources that help parents and facilitate this process. Then, there’s the question of what happens once the referral is made. In the 3–5-year-old age group, we know there are waitlists for services, specifically for speech, so pediatricians are reluctant to refer when they don’t see an outcome from the referral. Some of the bills in the Legislature will assist with this. A presentation a few months ago highlighted some of this (click here for the minutes which contain Nancy Cronin’s presentation which went over some of this legislative information).
-A self-advocate stated that this research is superior and that she is extremely impressed with the data presented. She stated that historically Maine had a high rate of intrafamilial births. It was asked if the data includes those types of births.
Helen: I’m not sure about the data around that.
-A self-advocate asked how well the doctors who help mothers give birth (as well as midwives, doulas, etc.) are informed about the resources and supports available for parents, and their disposition and attitude towards supporting and encouraging families regarding children with developmental delays/disabilities.
Helen: We were the recipient of a few grants that would pertain to this, including one for early intervention, which is most applicable here. I would point to the quality improvement study regarding infant mortality. There is education around the attitudes etc. at birth, but that qualitative information would be important and there is a movement for that type of information to be included.
-It was stated that there appears to be a high rate of multiple disabilities. It was asked from where this comes.
Helen: It starts with the data that starts the process to get an individualized plan. I find this isn’t a great indicator because it’s very vague. The data is limited because of the choices, so I’m hesitant to include it, but it’s the data we have and is used in other states.
A data point that I didn’t include is that teen pregnancy went down 80% (ages 10 to 17). This was a dramatic finding but is consistent nationally.
Cullen: Thank you very much for this informative presentation, Helen, it’s very helpful. Well done!
End Presentation (round of applause would have occurred were it not for everyone being muted and on Zoom)
DHHS – Office of Aging and Disability Services (OADS) - www.maine.gov/dhhs/oads
Betsy Hopkins – Associate Director, DHHS-OADS Disability Services: I wanted to let people know that we have gone to monthly stakeholder meetings; we had been holding them weekly during the pandemic. Tomorrow is the next stakeholder meeting. (Click here to join the OADS Stakeholders Zoom Meeting, Meeting ID: 955 532 303 Password: a1234567). At the meeting we’ll be sharing some updates about some of the guidance around masking, which we know has been confusing for many. We’ll be discussing some grant funds we received to create equity in vaccine distribution, including for folks with ID/DD. We’ll also go over some of the updates on the FMAP funding, about $75 million coming in from the Federal Government, which we’re able to match, to help support, improve, and reform Home and Community-Based Services (HCBS) in the State of Maine, including HCBS for people with ID/D. A more detailed plan has been posted on our website for the use of these funds. The call will also include an update on the Appendix K Waiver.
The FMAP spending plan in on the OADS website (click here for the plan).
We’re happy that our vaccine rate in Maine has been quite good, including reaching people with ID/DD that we serve. Having said that, we know there are pockets of people including staff across the state who are not getting vaccinated for a variety of reasons. The vaccine equity funds will be used to target the cities and towns where people are under-vaccinated, for a variety of reasons, to target why that’s happening and see if there’s anything we can do to assist people getting vaccinated.
We’ve had a few stakeholder meetings to discuss our standardized needs assessments. We’ve been having thorough discussions about this in our Reform workgroup, and we have another meeting with that group very soon. More information to follow.
A contract has been finalized with the University of New Hampshire for a systems analysis for all of our behavioral health supports in the State of Maine. We’re looking forward to starting the plan for that work within the next couple of weeks. A lot more to follow on this, as it includes a significant stakeholder piece to ensure we capture a broad array of input as we move forward.
Reports have been going out to providers regarding compliance with the HCBS Settings Rule. We’ll be using some of the FMAP funds to assist providers regarding coming into compliance.
Cullen: Thank you very much, Betsy, for all of this information and for being here!
DHHS – Office of Child and Family Services (OCFS) - www.maine.gov/dhhs/ocfs
Teresa Barrows: I would like to know what other information people would want from other areas within OCFS so that I could provide a more well-rounded update beyond the work we’re doing on transition.
As far as transition to adulthood, in June we started working closely with Betsy and her team at OADS on a project, which will end in December, to have a really clear process for transition from OCFS to OADS, being guided by the Commissioner’s office. We’ve been meeting with DOE (Department of Education), DOL (Department of Labor), and all the different pertinent Departments to ensure we don’t miss any important piece. We’ve been discussing gaps and our vision for the future. We are also working very hard on a Resource Guide for all transition-age youth. Amanda has been meeting with a variety of stakeholders to ensure we have any possible resource any parent or youth would need. Once we have that information, we will go to the next step of determining how to have this in an easily accessible place and ensure that it’s very user friendly.
We continue to see a lot of children and families struggling, including emergency department usage. We’re still seeing a lot of staffing shortages and very long waits for residential placements.
Cullen: To answer the question you asked about other areas within OCFS about which this group would like to hear – any information within OCFS that’s pertinent to people with ID/DD is welcome by this group. Certainly, any and all information on transition and the evolution of the system around transition is particularly important.
Teresa: We have never had much input or direct work with the brain injury area, yet we see a lot of children with issues related to brain injuries. I’ve been asked to be on the Brain Injury Advisory Council. We’ve also been working with the Brain Injury Association to develop an ad-hoc workgroup. My hope is that through this work we’ll develop resources for children with brain injuries.
-A self-advocate asking if they are working with DOL.
Teresa: We’re definitely working with DOL, and there’s a lot going on. If we could have a mindset of having the optimum for every individual, and be thinking about that very early on, about what adulthood looks like, it would be very advantageous. And all of that is being discussed.
Cullen: Thank you for being here today, Teresa! I’m glad that so many good things are going on within your office!
Special Education – No update
SMACT (Southern Maine Advisory Council on Transition)
Nancy Peavy was unable to attend today’s meeting. The SMACT website and the Coalition website are cross-linked for convenience and information-sharing. As a reminder, if you want to be on the email list feel free to email Nancy ([email protected]). The next meeting is in the fall on 10/1.
Disability Rights Maine (DRM) Update:
Lauren Wille: Many may have followed the Britney Spears case in the news regarding her conservatorship. We’ve been continuing with our work on supported decision-making (SDM) and least restrictive alternatives for people under guardianship. Something that has become very evident is how tricky and convoluted and difficult it can be to get out from underneath guardianship. When I say this, I’m not referring to guardians who aren’t ready to terminate. I’m discussing instances in which everyone involved is on board with terminating the guardianship – the guardian, the individual, the providers, etc. The probate courts are very particular. We will continue to work on those issues, with a training around this being likely in the future.
-A self-advocate asked what the qualifications of the court’s visitor are. It was also asked about the medical component involved with terminating guardianship.
Lauren: A visitor is someone that the court appoints to investigate for the court, including interviewing the individual, guardian, etc. The law states that the visitor must have some sort of relevant training or experience with the topic at hand. It depends largely on the specific court. Some courts don’t appoint visitors when there is disagreement between parties about terminating guardianship, and there have been instances when the court has appointed a visitor when all parties agree about terminating the guardianship. Regarding the medical component, there is the PP 505, which is required to establish guardianship. However, this form is not required under law to terminate a guardianship. Some judges like them, some don’t. It’s not uniform, and that is one of the problems we’ve faced on this subject.
Cullen: I’ve heard a lot about the Britney Spears case on NPR and I don’t necessary think it’s analogous to the population to whom we’re referring. It’s important to note that the work that DRM and a large group of stakeholders has been doing is very important to ensure that guardianships aren’t over-reaching and allowing decision-making by the individual whenever possible. There is a subset of people for whom guardianships are necessary to ensure their health and safety. It’s not one-size fits all.
Lauren: I’ll clarify that my comment regarding Britney Spears’ case is that from a legal standpoint it’s very messy, and reflective of how convoluted the entire process is.
Cullen: Well said and a great point indeed.
-It was asked if the law has changed regarding guardianships. The law now states a lawyer must be involved. It was asked if this has changed the contentiousness of terminating guardianship.
Lauren: I don’t know if the new probate code has affected the number of guardianships – whether being granted or terminated in Maine. It would be interesting data. In terms of appointing a lawyer to someone who may be coming under guardianship – that’s not the law as it stands right now. The person who may become subject to guardianship will be appointed a lawyer if they want one, if they are against the guardianship, if the courts deem it necessary, etc., but someone is not automatically granted a lawyer. The majority of guardianship terminations are not contentious whatsoever, though some are. I’m not sure if the changes to the probate code have affected this though.
-A self-advocate stated that sometimes children don’t demonstrate all their abilities to their parents or families, their teachers and other supports may have the best picture of their capabilities. The system is evolving and it’s evolving in the right direction.
-It was asked if there are opportunities for parents of younger children to do SDM and include people not in Special Education to do inclusion at the same time.
Lauren: Yes! In terms of our push with SDM, we get calls constantly from people who want to know more about it. I know we’ve done trainings on SDM geared towards families with transition-age youth. I think that’s something we could continue to explore.
Cullen: Thank you for this information, Lauren, and for being here today!
Federal & Housing Updates:
Cullen:
State Legislature Update:
Cullen: Laura Cordes could not attend today’s meeting, so I will provide an update on the State Legislature, including the budget, the American Rescue Act Plan (ARPA) funding Maine is receiving, and bills the Coalition has been following. The Legislature adjourned sine die on 7/19, though it is expected there will be a Special Session.
Status updates on bills of interest:
-It was asked how to advocate regarding counties regarding the ARPA funds they’ve received.
Cullen: Counties and many municipalities received funding through the CARES Act and ARPA. Some counties are looking at putting that money towards housing. There is a Commission that’s been put together regarding land use and zoning which would assist with that as well. If you have ideas in terms of what counties and/or municipalities ought to do with their funding, it’s always a good idea to reach out and advocate for how that funding ought to be used.
Cullen: I want to thank all of you for your tireless advocacy throughout the Legislative Session. This was a very busy session with a lot of activity. Thank you all!
The next meeting will be on Monday, September 13, 2021, 12-2pm, via Zoom.
Featured Speaker and Topic: TBD.
Unless changed, Coalition meetings are on the 2nd Monday of the month from 12-2pm.
(in 2021 the October meeting will be the 3rd Monday due to the holiday)
The Maine Coalition for Housing and Quality Services provides equal opportunity for meeting participation. If you wish to attend but require an interpreter or other accommodation, please forward your request two weeks prior to the monthly meeting to [email protected].
Click here for a link to a recording of this meeting
Cullen Ryan introduced himself and welcomed the group. Minutes from the last meeting were accepted. Participants introduced themselves.
Featured Speaker: Helen Hemminger, Research and KIDS COUNT Associate, Maine Children’s Alliance. www.mekids.org Topic: 2021 Maine KIDS COUNT Data Book.
Cullen: Today we have Helen Hemminger, Research and KIDS COUNT Associate with Maine Children’s Alliance, presenting on the 2021 Maine KIDS COUNT Data Book. We’re in for a great presentation today. We’re going to learn all about the state of where kids are in Maine. There are shocking and surprising little bits of information in here. I really appreciate you compiling this and sharing it with us. Thank you for being here today, Helen!
Helen Hemminger: I can take questions at the end. A lot of the data points were from data prior to the pandemic. Though, in some areas we’ve added some pandemic-related metrics and data as well.
Begin presentation (Click here for the presentation):
Notes on some specific data points:
- Decline in Infant Mortality Rate:
- MaineCare Expansion, perinatal programs and resources, and the State’s Safe Sleep Campaign are all attributable to the infant mortality rate declining since 2013. However, racial disparities remain. A workgroup will be studying this in order to work towards remedying it.
- Early Intervention and Special Education:
- The Data book contained the finding that Maine is one of the worst states at identifying and starting services for infants under age 1 with developmental delays. Only 77 infants age 0-1 were identified.
- However, for ages 6-21, Maine is well above the national average in regard to the percentage of children in special education versus the total population attending school. If there had been more intervention earlier this data point would likely be lower.
- There were relevant bills that were passed in the Legislature related to early intervention. With the passage of LDs 135, 255, and 386, Maine will begin to restructure Child Development Services to better support our youngest children to grow and thrive in a healthy way.
- Child Welfare:
- 2017-2019: There was a 38% increase in children experiencing maltreatment. There were more kids experiencing maltreatment in 2019 than in any year in the past 10 years.
Discussion:
- It was asked if they are regularly looking at data points throughout the state.
Helen: Every so often there will be an important study done that is a one-off but contains important data we’d like to include. Generally speaking, there are criteria by which we adhere for inclusion in the data book – that the data be yearly and publicly available for instance. Nowadays about 2/3’s of the indicators are from a linked source. There are a few data points where we ask the State to send us data, and a few that were one-time studies, but the data is invaluable and reliable and will likely not be redone. Pages 44 to 52 explain every indicator and where the data came from, including links where available.
-It was asked what Maine can do about being last in the nation about early intervention for the 0-1-year-old group.
Helen: There have been a few bills, which are complicated; some of the bills are overlapping, and some are still on the table. I’m hoping someone will be able to speak to this. There are a few barriers – the referral system is one. It appears to be a child welfare referral at first and parents are reluctant to accept that referral. Some states have mentoring-type resources that help parents and facilitate this process. Then, there’s the question of what happens once the referral is made. In the 3–5-year-old age group, we know there are waitlists for services, specifically for speech, so pediatricians are reluctant to refer when they don’t see an outcome from the referral. Some of the bills in the Legislature will assist with this. A presentation a few months ago highlighted some of this (click here for the minutes which contain Nancy Cronin’s presentation which went over some of this legislative information).
-A self-advocate stated that this research is superior and that she is extremely impressed with the data presented. She stated that historically Maine had a high rate of intrafamilial births. It was asked if the data includes those types of births.
Helen: I’m not sure about the data around that.
-A self-advocate asked how well the doctors who help mothers give birth (as well as midwives, doulas, etc.) are informed about the resources and supports available for parents, and their disposition and attitude towards supporting and encouraging families regarding children with developmental delays/disabilities.
Helen: We were the recipient of a few grants that would pertain to this, including one for early intervention, which is most applicable here. I would point to the quality improvement study regarding infant mortality. There is education around the attitudes etc. at birth, but that qualitative information would be important and there is a movement for that type of information to be included.
-It was stated that there appears to be a high rate of multiple disabilities. It was asked from where this comes.
Helen: It starts with the data that starts the process to get an individualized plan. I find this isn’t a great indicator because it’s very vague. The data is limited because of the choices, so I’m hesitant to include it, but it’s the data we have and is used in other states.
A data point that I didn’t include is that teen pregnancy went down 80% (ages 10 to 17). This was a dramatic finding but is consistent nationally.
- The Maine 2021 KIDS COUNT data book can be downloaded here. There is an advantage to accessing it this way as all the sources, beginning on 44 have live links, as do the county indicators on page 42.
- There are printed books available, which can be mailed to interested parties at no cost. Contact Helen at [email protected] to order a book.
- To access the interactive data center which is updated all the time rather than every other year, click here.
- There is a similar presentation on the Maine Children’s Alliance website. Click here for that presentation.
Cullen: Thank you very much for this informative presentation, Helen, it’s very helpful. Well done!
End Presentation (round of applause would have occurred were it not for everyone being muted and on Zoom)
DHHS – Office of Aging and Disability Services (OADS) - www.maine.gov/dhhs/oads
Betsy Hopkins – Associate Director, DHHS-OADS Disability Services: I wanted to let people know that we have gone to monthly stakeholder meetings; we had been holding them weekly during the pandemic. Tomorrow is the next stakeholder meeting. (Click here to join the OADS Stakeholders Zoom Meeting, Meeting ID: 955 532 303 Password: a1234567). At the meeting we’ll be sharing some updates about some of the guidance around masking, which we know has been confusing for many. We’ll be discussing some grant funds we received to create equity in vaccine distribution, including for folks with ID/DD. We’ll also go over some of the updates on the FMAP funding, about $75 million coming in from the Federal Government, which we’re able to match, to help support, improve, and reform Home and Community-Based Services (HCBS) in the State of Maine, including HCBS for people with ID/D. A more detailed plan has been posted on our website for the use of these funds. The call will also include an update on the Appendix K Waiver.
The FMAP spending plan in on the OADS website (click here for the plan).
We’re happy that our vaccine rate in Maine has been quite good, including reaching people with ID/DD that we serve. Having said that, we know there are pockets of people including staff across the state who are not getting vaccinated for a variety of reasons. The vaccine equity funds will be used to target the cities and towns where people are under-vaccinated, for a variety of reasons, to target why that’s happening and see if there’s anything we can do to assist people getting vaccinated.
We’ve had a few stakeholder meetings to discuss our standardized needs assessments. We’ve been having thorough discussions about this in our Reform workgroup, and we have another meeting with that group very soon. More information to follow.
A contract has been finalized with the University of New Hampshire for a systems analysis for all of our behavioral health supports in the State of Maine. We’re looking forward to starting the plan for that work within the next couple of weeks. A lot more to follow on this, as it includes a significant stakeholder piece to ensure we capture a broad array of input as we move forward.
Reports have been going out to providers regarding compliance with the HCBS Settings Rule. We’ll be using some of the FMAP funds to assist providers regarding coming into compliance.
Cullen: Thank you very much, Betsy, for all of this information and for being here!
DHHS – Office of Child and Family Services (OCFS) - www.maine.gov/dhhs/ocfs
Teresa Barrows: I would like to know what other information people would want from other areas within OCFS so that I could provide a more well-rounded update beyond the work we’re doing on transition.
As far as transition to adulthood, in June we started working closely with Betsy and her team at OADS on a project, which will end in December, to have a really clear process for transition from OCFS to OADS, being guided by the Commissioner’s office. We’ve been meeting with DOE (Department of Education), DOL (Department of Labor), and all the different pertinent Departments to ensure we don’t miss any important piece. We’ve been discussing gaps and our vision for the future. We are also working very hard on a Resource Guide for all transition-age youth. Amanda has been meeting with a variety of stakeholders to ensure we have any possible resource any parent or youth would need. Once we have that information, we will go to the next step of determining how to have this in an easily accessible place and ensure that it’s very user friendly.
We continue to see a lot of children and families struggling, including emergency department usage. We’re still seeing a lot of staffing shortages and very long waits for residential placements.
Cullen: To answer the question you asked about other areas within OCFS about which this group would like to hear – any information within OCFS that’s pertinent to people with ID/DD is welcome by this group. Certainly, any and all information on transition and the evolution of the system around transition is particularly important.
Teresa: We have never had much input or direct work with the brain injury area, yet we see a lot of children with issues related to brain injuries. I’ve been asked to be on the Brain Injury Advisory Council. We’ve also been working with the Brain Injury Association to develop an ad-hoc workgroup. My hope is that through this work we’ll develop resources for children with brain injuries.
-A self-advocate asking if they are working with DOL.
Teresa: We’re definitely working with DOL, and there’s a lot going on. If we could have a mindset of having the optimum for every individual, and be thinking about that very early on, about what adulthood looks like, it would be very advantageous. And all of that is being discussed.
Cullen: Thank you for being here today, Teresa! I’m glad that so many good things are going on within your office!
Special Education – No update
SMACT (Southern Maine Advisory Council on Transition)
Nancy Peavy was unable to attend today’s meeting. The SMACT website and the Coalition website are cross-linked for convenience and information-sharing. As a reminder, if you want to be on the email list feel free to email Nancy ([email protected]). The next meeting is in the fall on 10/1.
Disability Rights Maine (DRM) Update:
Lauren Wille: Many may have followed the Britney Spears case in the news regarding her conservatorship. We’ve been continuing with our work on supported decision-making (SDM) and least restrictive alternatives for people under guardianship. Something that has become very evident is how tricky and convoluted and difficult it can be to get out from underneath guardianship. When I say this, I’m not referring to guardians who aren’t ready to terminate. I’m discussing instances in which everyone involved is on board with terminating the guardianship – the guardian, the individual, the providers, etc. The probate courts are very particular. We will continue to work on those issues, with a training around this being likely in the future.
-A self-advocate asked what the qualifications of the court’s visitor are. It was also asked about the medical component involved with terminating guardianship.
Lauren: A visitor is someone that the court appoints to investigate for the court, including interviewing the individual, guardian, etc. The law states that the visitor must have some sort of relevant training or experience with the topic at hand. It depends largely on the specific court. Some courts don’t appoint visitors when there is disagreement between parties about terminating guardianship, and there have been instances when the court has appointed a visitor when all parties agree about terminating the guardianship. Regarding the medical component, there is the PP 505, which is required to establish guardianship. However, this form is not required under law to terminate a guardianship. Some judges like them, some don’t. It’s not uniform, and that is one of the problems we’ve faced on this subject.
Cullen: I’ve heard a lot about the Britney Spears case on NPR and I don’t necessary think it’s analogous to the population to whom we’re referring. It’s important to note that the work that DRM and a large group of stakeholders has been doing is very important to ensure that guardianships aren’t over-reaching and allowing decision-making by the individual whenever possible. There is a subset of people for whom guardianships are necessary to ensure their health and safety. It’s not one-size fits all.
Lauren: I’ll clarify that my comment regarding Britney Spears’ case is that from a legal standpoint it’s very messy, and reflective of how convoluted the entire process is.
Cullen: Well said and a great point indeed.
-It was asked if the law has changed regarding guardianships. The law now states a lawyer must be involved. It was asked if this has changed the contentiousness of terminating guardianship.
Lauren: I don’t know if the new probate code has affected the number of guardianships – whether being granted or terminated in Maine. It would be interesting data. In terms of appointing a lawyer to someone who may be coming under guardianship – that’s not the law as it stands right now. The person who may become subject to guardianship will be appointed a lawyer if they want one, if they are against the guardianship, if the courts deem it necessary, etc., but someone is not automatically granted a lawyer. The majority of guardianship terminations are not contentious whatsoever, though some are. I’m not sure if the changes to the probate code have affected this though.
-A self-advocate stated that sometimes children don’t demonstrate all their abilities to their parents or families, their teachers and other supports may have the best picture of their capabilities. The system is evolving and it’s evolving in the right direction.
-It was asked if there are opportunities for parents of younger children to do SDM and include people not in Special Education to do inclusion at the same time.
Lauren: Yes! In terms of our push with SDM, we get calls constantly from people who want to know more about it. I know we’ve done trainings on SDM geared towards families with transition-age youth. I think that’s something we could continue to explore.
Cullen: Thank you for this information, Lauren, and for being here today!
Federal & Housing Updates:
Cullen:
- On 8/23, the Biden Administration/CDC announced it will issue a limited eviction moratorium – starting 8/3 through October 3 – for renters living in communities experiencing a surge in COVID-19 cases (https://covid.cdc.gov/covid-data-tracker/#county-view will allow you to sort by state/county to see if your county is listed as substantial or high, meaning it qualifies as a “surge”). The new moratorium will help keep renters safely and stably housed, and it will provide state and local governments more time to distribute emergency rental assistance (ERA) to households in need.
- On 6/24, after much negotiation, the President and Vice President announced their support for the Bipartisan Infrastructure Framework, the largest long-term investment into the country’s infrastructure in nearly a century. Per the President’s announcement: “The $1.2 trillion Bipartisan Infrastructure Framework is a critical step in implementing President Biden’s Build Back Better vision. However, the proposal does not include the major investments in affordable, accessible housing needed for millions of households with the lowest incomes. Though, that may be addressed in upcoming companion legislation.
- On 5/28 President Biden released his $6 trillion budget request for FY 22 budget Per the NLIHC: The $6 trillion budget proposes $9 billion in additional funding for HUD, a 15% increase over FY21. The funds would provide substantial federal investment in affordable homes and increase the availability of housing assistance to families with the greatest need. Overall, the budget request calls for expanding rental assistance through the Tenant Based Rental Assistance program to 200,000 additional households, focusing on those experiencing homelessness and survivors escaping domestic violence, dating violence, sexual assault, stalking, or human trafficking. If enacted, this provision would be the single largest expansion of vouchers in the program’s history. The FY22 budget is the first annual spending bill in a decade that is not limited by the low spending caps required by the Budget Control Act that have prevented Congress from investing in affordable housing at the scale necessary.
- The Senate’s Infrastructure Investment and Jobs Act: On 8/2 the text of the Senate’s $1T infrastructure package was unveiled. The final product was not intended to stray from the broad outline senators had negotiated for weeks with the White House. Senate leadership predicts the bill could reach a vote in only a few days. Unfortunately, similar to the President’s plan, the bill does not include housing as infrastructure.
- On 7/12, House Appropriations Subcommittee overseeing HUD spending passed a bill to fund critical housing and homelessness programs for FY 22. The bill includes $56.5 billion for HUD programs, a $6.8 billion increase (14%) above FY 21 enacted levels and $314 million below the President’s FY 22 request.
- On 7/16, House Financial Services Committee Chairwoman Maxine Waters (D-CA) introduced the “Housing is Infrastructure Act,” after having released a discussion draft a few months back. This is one of various efforts underway in Congress to increase affordable housing options, including increasing the National Housing Trust Fund, which funds the development of housing for people with very low incomes and is the primary funding mechanism for permanent supportive housing in Maine.
State Legislature Update:
Cullen: Laura Cordes could not attend today’s meeting, so I will provide an update on the State Legislature, including the budget, the American Rescue Act Plan (ARPA) funding Maine is receiving, and bills the Coalition has been following. The Legislature adjourned sine die on 7/19, though it is expected there will be a Special Session.
- Governor’s Change Package – FY 22 & FY 23 Supplemental Budget – On 7/1, Governor Mills signed LD 221 into law as an emergency measure meaning the budget takes effect immediately. The budget, as enacted as public law can be found here.
- LD 1733 An Act To Provide Allocations for the Distribution of State Fiscal Recovery Funds – On 7/19 the Legislature passed, and the Governor signed this bill as amended into law. It did not receive 2/3’s vote so it will become effective 90 days after adjournment sine die (which occurred on 7/19). The final bill can be found here and includes:
- Nearly $6M to backstop increased pay for behavioral health workers under Secs. 17, 26, 28, and 65 passed in the budget
- $50M for affordable workforce housing with a Maine State Housing Authority and Department of Economic and Community Development partnership, $20M of which is subject to a pilot program using Project Labor Agreements.
- $10M in one-time funds (2021-2022) for grants to existing emergency homeless shelters, including those that assist homeless youth, to be used for operations, maintenance or capital improvements.
- $1.5M Support for Housing navigators in the Maine State Housing Authority – 2-year pilot program within the Maine State Housing Authority. The authority shall hire individuals referred to as "housing navigators" affiliated with local housing authorities, general assistance programs or nonprofit organizations to assist tenants with locating housing and the rental application process and to provide supportive services to promote successful landlord-tenant relationships.
Status updates on bills of interest:
- LD 1573, An Act To Implement the Recommendations of the Commission To Study Long-term Care Workforce Issues – This bill was amended and became an omnibus rate bill. The Health & Human Services Committee (HHS) Committee members took all of the rate bills and put them into one. The details aren’t out yet, but it passed unanimously in Committee and provides an across-the-board rate increase to 125% of minimum wage. This looks comprehensively at the workforce issues in Maine, to get the workforce up and beyond minimum wage. However, the Committee decided not to support an oversight committee to work with DHHS and DOL to take the bipartisan Long-Term Care Workforce Commission recommendations and work on them long-term. The compromise is that the Department will report to the Legislature each year. Current status: Passed the House to be enacted, Placed on the Special Appropriations Table by the Senate; carried over to any special or regular session of the 130th Legislature.
- LD 1204, An Act To Address the Shortage of Direct Care Workers for Children with Disabilities in Maine – This bill allows for the reimbursement of a parent providing in-home personal care services to the parent's child by allowing the parent to register as a personal care agency if the parent has made reasonable efforts to obtain regular in-home personal care services and has passed a background check. The bill was amended to make it an emergency bill, and a fiscal note: Funding from the General Fund of $55,612 in FY 22, and $111,224 in FY 23 (and funding from the Federal Expenditures Fund of $99,122 in FY 22, and $198,243 in FY 23). Current status: Passed the House to be enacted, Placed on the Special Appropriations Table by the Senate; carried over to any special or regular session of the 130th Legislature.
- LD 1360, An Act To Provide Services to Maine's Most Vulnerable Citizens by Eliminating the Waiting Lists for Certain MaineCare Services – Similar to what happened with LD 1573, this bill was amended and became an omnibus waitlist bill. Current status: Passed the House to be enacted, Placed on the Special Appropriations Table by the Senate; carried over to any special or regular session of the 130th Legislature.
- LD 415, Resolve, Directing the Department of Health and Human Services To Increase MaineCare Reimbursement Rates for Targeted Case Management Services To Reflect Inflation – This is the bill that increases the rates for Targeted Case Management. The bill passed unanimously out of Committee. Those rates haven’t been touched in well more than a decade, so this is welcome news. Current status: Passed the House to be enacted, Placed on the Special Appropriations Table by the Senate; carried over to any special or regular session of the 130th Legislature.
- LD 1574, An Act To Ensure Support for Adults with Intellectual Disabilities or Autism with High Behavioral Need – This is the bill which asks the Department to consider in the rates people with high behavioral needs. Current status: Carried over to any special or regular session of the 130th Legislature.
- LD 854, An Act To Ensure Continued School-based Services for Children with Disabilities – This is the bill that would carve out preschool-aged children with ID/DD pertaining to the Department promulgating rules related to school-based services Section 28 and 65). You may remember that the Department had release, then pull the Section 106 rule. They are looking at the rule and looking to reintroduce it, combining Section 65 and Section 28. This bill would ensure that any changes to services for 3-5-year-olds would be considered major substantive, meaning it would go before the Legislature and have a public hearing. The bill also requires the Department to create a workgroup to participate in this rulemaking. Current status: Signed into public law.
- LD 1373, An Act To Keep All Maine Students Safe by Restricting the Use of Seclusion and Restraint in Schools – This is the bill that would restrict seclusion and restraint in schools. The entire bill was amended and replaced by the sponsor. The amendment says that any kind of seclusion in schools is prohibited. The bill would not prohibit all restraint, just more severe restraint. Maine is out of step with other states regarding seclusion, and hopefully will be remedied with this bill. Current status: Became law without the Governor’s signature.
- LD 924, Resolve, To Establish a Task Force To Study the Coordination of Services and Expansion of Educational Programs for Young Adults with Intellectual or Developmental Disabilities To Identify Barriers to Full Societal Integration - Current Status: Became law without the Governor’s signature.
-It was asked how to advocate regarding counties regarding the ARPA funds they’ve received.
Cullen: Counties and many municipalities received funding through the CARES Act and ARPA. Some counties are looking at putting that money towards housing. There is a Commission that’s been put together regarding land use and zoning which would assist with that as well. If you have ideas in terms of what counties and/or municipalities ought to do with their funding, it’s always a good idea to reach out and advocate for how that funding ought to be used.
Cullen: I want to thank all of you for your tireless advocacy throughout the Legislative Session. This was a very busy session with a lot of activity. Thank you all!
The next meeting will be on Monday, September 13, 2021, 12-2pm, via Zoom.
Featured Speaker and Topic: TBD.
Unless changed, Coalition meetings are on the 2nd Monday of the month from 12-2pm.
(in 2021 the October meeting will be the 3rd Monday due to the holiday)
The Maine Coalition for Housing and Quality Services provides equal opportunity for meeting participation. If you wish to attend but require an interpreter or other accommodation, please forward your request two weeks prior to the monthly meeting to [email protected].