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Show Handicapped Services Receive Some Made Iu Some Didn't S3. 8 Million in Added Funds 6A The Sail Lake Tribune, Fridav, February 28, 1966 Bills That Failed Rills That Passed Heres a summar of key measures and issues the session: I tab Legislature adopted in its y Here's nhat the Utah Legislature didn't finish or chose to defer or ignore: vehicle passengers to An edict for front-sea- t wear seat belts, carry ing a $10 fine if police discover noncompliance only after stopping driver for moving-violation. traffic reforms, many supposMajor edly designed to bring relief to the property taxpayer. Another "parental consent edict aimed at requiring minors to have parents permission before obtaining contraceptives. state court of appeals to from laborious caseCourt tab the I Supreme spell A new load. the k in civil-right- s A revision of I'tah Constitutions education governance article to define roles of the State Board of Education and State Board of Regents. criminal victims reparations fund, financed nith a surcharge on felony, misdemeanor and infraction fines. A An e k" A law requiring political action committees (PACs) to publicly divulge their major funding con- budget. But funds added by legislators give him room to move 130 patients from the institution to the community next tributors. exemption for clergy from reporting information if conveyed by responsible k A measure to restrict release of animals in public shelters for scientific and medical research. person. Constitutional amendments for voters approval next November that would exempt farmers equipment from personal property taxes and hospitals and nursing homes from property taxes. Proposals to include with reponsibility for at the end of the Pledge of Allegiance and offer the option to include "so help me God" in oaths of offices taken by state and local government elective officials and appointees. all charity-orien- non-prof- ted, A state lottery, song, and second state figure Congresss Statuary Hall. Separation of beer, gasoline sales from same retail outlet. A Martin Luther King Jr. Human Rights Day, with Utah joining 48 other states next January formally acknonledging the slain leader and theme of his movement. h Regulation of subliminal messages in advertising and other media that some factions believe carry subconscious sexual implications. A $24 million bonding program for pending state building construction and other capital projects, nhile leaving some $50 million in reserve for flood control. child-abus- break on traffic fines if motorists exceed speed limit by 10 mph. A million budget that local school districts Hill draw from as of July 1, fashioned witb-ou- t a property tax hike. An $850 in By Carol Sisco Tribune Staff Writer Legislators adding $3 8 million to its proposed budget provided the first good news the Division of Services to the Handicapped had gotten in a long time While other Department of Social Services budgets stayed flat or were cut. DSH wound up with $39,216,500 when the Legislature ended. Theyd expected about $35 3 million. Funds were added primarily to move institutionalized clients into community settings, meet federal mandates on active treatment programs at the training school and for an early intervention preschool program The first two relate to the Division's potential $14 million loss of Medicaid money if the federal government decertifies American Fork Training School. Division Director Gary Nakao won't know until March 14 if his correction plan to meet active treatment standards will be accepted or if the school will lose its entire Medicaid Expanded "secondary liability under Utah's Dram Shop, holding clubs, taverns and privahosts susceptible to damages by people te-party injured by drunks. . . . k" revised law for coordinating planning and management of state property holdings and revamping the State Land Board. A Unresolved Issues Will Give Lawmakers Plenty to Do Before Returning to Hill By Dan Bates Tribune Staff Writer They wound up on the Utah Legis- time-limite- latures list suggestive subliminal " edict, messages, a "parental-consen- t a new education constitutional article. a political action committee law, a conditional 65 mph speed limit, a state land act. a state lottery and a state song Add a mouthful of tax reforms, fin- ance-disclosure matters, creative y Yet in the aftermath, they always find room for issues invariably too perplexing or ticklish to deal w ith in a even though parley notions many of the have been hanging around for years As the Utah Legislature sees it, it's never too late or too early to look ahead. r deOne of their pressing cisions Wednesday night was singling out legislation and issue that could be deferred and pondered by legislative interim committees, whicn begin monthly hearings ;n April By December, manv of those discarded measures will be repaired and reappear in time for 1987 s session Ineidently, next year's session will begin as usual on the second Monday of January, since legislators also snubbed a proposal to convene in early February instead. comAt the moment, the inte-imittee agenda contains nearly 250 from topics for study and review registering professional to making campers at state parks and other recreational facilities pay sales taxes and transient-roo- revenue-- schemes and administrative reorganization proposals Frankly, the list rapidly becomes endless after lawmakers give thought to what legislation they should have drafted or what could still be forced upon them by lobbies. Representatives and senators, anyway, honored a longstanding tradition by disgorging more than they could chew and swallow during their y annual session. Out of a total of 763 bills and resolutions introduced legislators found but 278 to their liking, for one reason or another. making d last-hcu- m fund-raiser- s Some legislators still want to dis- cuss whether Columbus Day or state workers' "preference holiday ' should be oropped factors that figured in the debate leading to adoption of a Martin Luther King holiday next year. In the first few committee meetings. as has been the custom in recent year, parimutuel betting and a lottery in Utah will agarn beg consideration Vehicle tests for emissions in Salt Lake Davis and Utah counties are up for review, and interim panels may probe a mandaprogram for tory motorcyclists. An idea for a freeway spanning the far west side of the Sait Lake Valley-madthe study assignment list, along with a commuter railway system between Provo and Ogden. driver-educatio- n And just to keep an already-tigh- t budget scenario on edge, the Legislature's interim, committees intend to monitor what further spending lids may materialize as a result of federal-mo- cuts ney year and to provide better services for people left at the school. During the year the division also pulled the contract from its largest group home provider which was violating client civil rights and using trust funds inappropriately. They also began implementing a master plan which calls for moving patients from institutions to community settings. The first 64 were moved "The preschool early intervention program was the one I was the most delighted with." Dr. Nakao said. "It was the least expected because of the fiscal situation Utah is facing " Since the real crisis was in meeting active treatment standards. Dr. Nakao said he expected any extra money to go there. But legislators also gave handicapped services a workload increase and early intervention money. "We ll be able to cover crisis transportation needs m existing programs, start a model head injury group home and and offer day treatment to those people and others eligible for Medicaid." Dr. Nakao said The past year has been marked by controversy for parents of the handicapped. said Shenlin Rowley of the Legislative Coalition for the Handicapped "We re affected as parents at every turn." Mrs Rowley said. "If DSH closes a workshop and takes over as they did last fall, our concern is where will the adult clients go." But taking over that workshop and operation of group homes serving 126 clients has been beneficial for parents. she added The division has proven twice now that it is capable of taking over programs and running them until they find a provider." she said. "As a parent that is extreme relief. It shows us they won t take second best any more." It also lessens the fears parents have as active treatment programs are implemented and more people are moved into community settings, she said. Dr. Nakao has six goals to meet next year His first concern is bringing the training school into compliance with Medicaid requirements. The second goal is early intervention. The division already provides preschool for some preschool chilwill be dren. but all - and served by year's end. the director said 3- Shot At Jazz Funds Falls a Vote Short Last-Seco- nd When the clock ran out on the floor Wednesday night, the Utah Jazz came up $70,000 short and the team wasn't even plavir.g. But the Legislature has no rules for an overtime period. The Senate had passed off to the House a bill to subsidize Salt Palace operations to give the local franchise a break on its lease. Frantically moving to beat midnight's adjournment, representathe tives handled the Jazz bill very last measure they had time for with only seconds remaining. But the vote came out in a deadlock, sinking the subsidy as the figurative buzzer went off. Many House members didnt think the state should be in the 35-3- 5 business. However. Thursday-morninpoint guards were saying the administration, bent on an "economic development drive, would probably regroup, dribble around and find the Jazz their money. The state's $70,000 would match like sums Salt Palace officials are soliciting from Salt Lake County and Salt Lake City meaning all state taxpayers, fans or not, w ould own a piece of the team. g Ban-gert- The third goal is moving 130 people "safelv and systematically" from the resitraining school to community dential programs, he said. Then the division will offer more intensive training for all its providers. implement a case management program in community programs that gives each handicapped person a worker responsible for his or her care and refine its internal auditing procedures "I hope next year when I address the Health and Social Services ApI will be propriations Subcommittee able to say weve accomplished active treatment, safely moved 130 compeople into more appropriate enthe and up picked munity settings waiting list, Dr. Natire kao said Thursday. The Legislative Coalition, which lobbied legislators for the budget increases. primarily represents parents of the handicapped, Mrs. Rowley pre-scho- said. "We dont care if the children are in the community, at home with their parents, the training school or other rest homes," she said. "We want the best services for the children wherever they are." The one gap in services now, Dr. Nakao said, is for young people whove graduated from public education programs. "One of our greatest concerns is for the nearly 300 individuals exiting special education programs every year," he said. "If all our slots are full, which they generally are, they go on waiting lists "The concern is that these people can iose ail the skills they acquired during their years of special education. A good day treatment program is critical for the young adults, he said. Next year the Legislative Coalition will be lobbying to provide more services to those people, Mrs. Rowley said Most school districts graduate the at 18 to "get rid of the handicapped ' problem, she said. Davis County gives them a certificate of completion instead which allows them to stay in school until they reach 22. The coalition hopes that program will expand statewide. The other critical need, according to Mrs. Rowley, is getting health insurance for handicapped children who live with their parents. "The families can't get insurance unless they want to pay $900 a month," she said. "But their children don't qualify for Medicaid because the parents earn too much. We really need to look at that. The best thing about the extra money is that DSH can move people into the community but also leave money at the training school to make life better for clients there, Dr. Nakao said. "Before. I don't think I could have continued to fund our into the community, keep the training school going and do either side justice," he said. Social Services to Make Do With 1.4 Percent Budget Increase By Carol Sisco Tribune Staff Writer Welfare recipients will get a small raise, some mental patients won't wait as long for service and new programs will be available for the handicapped due to a 14 percent increase in the state Social Services budget. But because the budget has stayed essentially flat for the past five years. Director Norman G Angus said he expects most people will be waiting longer for services and the department will become less effective delivering them "You talk about education costs going up because you have 4.500 new kids in kindergarten each year." Mr Angus said "Social Services costs go up too. about the same 3 percent as population growth, but we don't get the additional weighted pupil units "We keep serving 3 percent more people each year with the same money and it just doesn t wash after a while " he said "We become less effective " Next years budget not counting the Division of Youth Corrections, is $255,384 000. compared with $143 mil- doing without service oefore year's end. she cautioned. Funding ago. But Mr Angus, who went into budget hearings expecting a 0 2 percent budget decrease recommended bv the governor, wound up witn a 14 percent increase from legislators instead err. is that "My single largest o we don't have any money to pass or. to providers in terms of a Because them increase." he said costs are going up they have m deliver the same service for 97 percent of the pay " His second concern is recipients who will be waiting longer f. r serv ice and probably getting less Utah Issues Director Irene Fisher doesn't expect "a major amwun; of noticeable change in progran.s that v serve the poor next year. She about certain "trouble sp ' Cuts in the Medicaid budget mean some needy populations 4 L slots tor subsiuized "I'm also disappointed that the Legislature was only able to fund a 2 percent grant increase for welfare recipients and their children. she said Because 5 5 percent was necessary to meet inflationary costs. Ms Fisher said buying power will erode again next year. While she was disappointed. Ms Fisher said she also is aware several legislators worked extremely hard to retain the 2 percent figure "They really showed an understanding of the need to provide basic survival needs for women with children." she said. "The 2 percent is certainly better than the proposal for no increase which a few legislators wanted " The Division of Services to the Handicapped was the brightest spot in his budget. Mr Angus said, because it received extra money to move handicapped people into the commu- - lion in 1980. but Mr Angus said buying power has dropped dramatically since then Ismg constant 1980 dollars, he shows that Utahns are paying $5 more per capita for social services than they were nearly seven years 6.950 day care when tne caseload already has climbed to 6.800 also could be a problem, Ms Fisher said. nuy ano got an caMy intervention prcgrarr that requires educational ser.ices for preschool handicapped childien Utah State Hospital also got an extra $300 0X1 for 25 new beds that wasn't in the governor's budget, according to administrator Seymour Steed The hospital wanted $1.7 million for 50 beds, but gladly settled for $3i K). 010 that w,ll fund 25 for part of iht year Once the beds are ,r. place they'll also receive funding for the future. Mr Steed said These funds were authorized by legislators wno've been paying Salt Lake County extra money the past two years for ' holding" patients in the community until state hospital beds are available Legislators saw that if they gave us an amount similar to what they'd been paying Salt Lake County when 've were full that tr.ey d get permanent beds. he said It makes good sense and t s also better for the ' Ms Fisher said her overall concern well the stare's which moves women program is r.cw can from welfare rolls to jobs move forward with constraints placed on programs that offer those services. was boosted by one committee providing $1 million in job training for single parents and the displaced homemaker act passed to train older women, she said haven t put But if legislators enough money in day care, wamrg I'sts could be imposed, she said, hindering women who want to get out and work. "It brings everything to a screeching hait if day care is not sufficient." she said The welfare raise was "an absolute necessity." Mr. Angus said But the Office of Community Operthe department's service ations arm didn't get any budget increases "So in terms cf our ability to provide services we will be precisely at g the status quo or less with inflation." the director said. "What really happens is as the e number of cases increases and the number of families with child abuse goes up." he said, "it takes us longer to deliver the service and I think we become less effective in our ability to deliver services." Ms. Fisher and Mr. Angus were concerned overall budgets weren't adequate but they said the Health and Social Services Appropriations Subcommittee fought hard for budget increases "I was real pleased to see the cochairs fighting for a better share of state resources." Ms Fisher said. T really felt like they moved a long way this year toward telling the rest of the Legislature about needs they heard presented in their committee " Mr Angus termed the Appropriations Subcommittee "very responpublic-assistanc- sive" ' Both chairmen were very responsive to the needs demonstrated in their subcommittee." he sa.d I think we made major strides in relating to that committee. I cant say enough good about Seri. LeRay McAllister and Rep. Stephen Rees the They've really done well." People concerned about human services in the coming legislative year will have to "say more forcefully and much earlier to the governor and legislative leaders that the amounts they've set as initial target budgets are absolutely impossible," Ms. Fisher said "If the lid on spending is totally unrealistic then von pit the needs of one population against another, she said. "You wind up taking from handicapped to give to the poor and taking from mentally ill for children." Since inflation averaged 3.5 percent this year, Mr. Angus said the 1.4 percent budget increase is 2 points shy of keeping the budget at current levels The new budget doesn't go into effect until July 1. "What inflation will be when it ends 18 months from now is anybody's good guess." he said. Insurance Liability: Popular Bill Dies , Controversial One Lives By Paul Roily-Tribun- Staff Writer The increasing difficulty local governments and businesses are navir.g in obtaining liability insurance coverage was dubbed by Gov Norm as the No problem facing Ban-gerte- r 1 governments and spawned a number of b.ils in this year s Legislature But the one measure that many say would have put the problem in perspective and help the state attack ,t in a consistent and unified fashion died in the waning hours of the 1986 legislative session that ended Wednesday night The measure which would have created a Tort Reform Commission charged with studying the issues surround, rg the trend of rapidly increasing liability insurance, passed the but got hung up in the House .i d ' a 'ot pass b..l would have created a commission appointed by .. 'vernor to study the Civil Jus-te . I tice System in the state and devise legislative recommendations to deal with the liability insurance crisis But while Utah will have no Tort Reform Commission this year, the n.ot controversial of all the bills at- tempting :o address the problem passed the Legislature and will likely be s gr.ed by Gov Bangerter That measure. Senate Bill 64. does away with the current concept that the plaintiff in 3 damage suit can recover loO percent of the claim from an entity that may have been just slightly involved in the incident That principle, called the "deep pocket theory," was dev ised several years ago to protect the plaintiff in case the primary defendant d.d not have the means to pay the claim But loca governments, which eagerly barked tne bill, claimed that principle was une reason why insurance curriers are hesitant to provide coverage for loca governments or i large businesses that can also be hit by the "deep pocket" concept Senate Bill 64. one of the top priorities of the Utah League of Cities and Towns and the Utah Association of Counties, limits the amount of damages a defendant must pay to the percentage of blame a jury attaches to that defendant Attorneys who ty pically represent plaintiffs in damage suits claim the bill is an affront to victims of someone else s negligence, because if the primary party is uninsured and broke, the victim must suffer with his or her injuries without the prospects of receiving compensation for the costs and suffering caused by the negligence Two more successful bills designed to dampen the impact of large damage claims would provide for periodic payments of claims to a plaintiff, rather than payment in one lump sum and put a $250.00o limit on "pain and suffering" claims in medical malpractice suits I Senate Bill 155. providing for the periodic payments, would protect the plaintiff in medical malpractice suits as much as the defendant, said Sen Lake, the bill's Kay Cornaby. sponsor He cited cases of plaintiffs spending the award quickly, then having nothing left to pay for the care and medical treatment necessary to take care of the injured victim the rest of his or her life Senate Bill 111 sponsored by Sen Haven J Barlow puts a $250,000 cap on what a plaintiff can claim in "pain and suffering" in a medical malpractice claim The bill does not cap the amount that can be claimed for general losses or for punitive damages, just for the area of pain and suffering." which is difficult to attach a dollar amount to. Sen Barlow said He said that bill was necessary to make it easier for doctors to obtain ,t medical malpractice insurance, which he said is escalating rapidly out of the range of affordability Another measure aimed at bringing back liability coverage for cer- tain "high-riskindustries as well as governments did not pass in its bill form, but the principle was adopted in the comprehensive insurance bill that passed the Legislature. That concept, introduced in a bill sponsored by Rep Lloyd Frandsen. Jordan, allows the state insurance commissioner to put together a pool of insurance companies to find coverage for "high-risindustries now being denied coverage by large insurance carriers " If the commissioner cannot put together the pool through voluntary arrangements. he has the authority to mandate coverage through the use of pooled insurance carriers in the state, for the troubled industries. Another bill that passed the Legislature this year makes institutions that hand out charitable services immune from liability suits that may be brought by the recipients of those charitable services " k J l |
