KAINE WINS GOVERNORS SEAT WITH DAC ENDORSEMENT
(our 2nd candidate to win the Governors election with a DAC endorsement)

KAINE'S RESPONSE
DAC QUESTIONNAIRE FOR VIRGINIA Governor’s RACE 2005

 
Candidate:  Tim Kaine                                                Date:       August 17, 2005                 

Website:     http://www.kaine2005.org                        Contact: info@kaine2005.org

1)  If elected Governor, would you support the need for an efficiency review within the confines of our state Medicaid agency under the Virginia Department of Medical Assistance (DMAS)? There is much waste and confusion and any agency operating with a four billion dollar budget certainly has room for improvement.

Your thoughts please.

Answer:
Yes, I would support an efficiency review of DMAS to ensure that taxpayer dollars are being used to deliver health care services in the most cost effective and efficient manner possible, and identify ways to meet the challenges of rising health care cost. The efficiency and effectiveness of state government is always a priority for any new Governor.  We worked hard in the Warner-Kaine Administration to improve efficiency and have made great progress in many areas, and were recently named the best managed state in the nation.  Virginia’s DMAS is one of the nation’s best.  However, I know that we can still do much more to improve service for our citizens.  The services delivered by the Department of Medical Assistance to Virginians with disabilities are absolutely vital to independence and remaining in one’s community of choice.  As Governor, I will welcome to opportunity to hear from consumers of DMAS, in order to make any policy and programmatic changes which will ensure effective delivery of services.

 
2)  As Governor, would you increase the Personal Maintenance Allowance (PMA) into your Governors budget for the next General Assembly session and help bypass legislators who have turned a deaf ear on this for years?

Background to question 2:  People on Medicare are facing critical health dilemmas. As you know the cost of living has risen faster than most people’s income due in part by the real estate boom so those barely surviving on the sub poverty low PMA amount have to make dangerous decisions to either pay rent or purchase their medications.  Further, January 1, 2006, the burden becomes greater when Medicare Part D starts charging co-pays for drugs that the disabled and elderly take rather than Medicaid paying for all the drugs as it is now.

When the Medicare Part D kicks in, people on Community Based Care (CBC) will have prescription co-payments to pay for the first time.  It will be incredibly complicated for our system to adjust the patient pay each month for the drug co-pays, and of course the people will have to pay first.  If the PMA goes up to 300% of the SSI amount then all of the MAP 122 (Department of Social Service Patient Plans) changes would not be necessary except for the extremely small number of people with an income over 300%. Can you imagine the extra additional paperwork that will be required to handle the co-pays?  Enclosed is my explanation of how the PMA works.

“Persons under Medicaid Waivers currently are required to have a PMA (Personal Maintenance Allowance) of only 100% of the SSI (Supplemental Security Income) amount or $579 a month to survive on with any disability pensions they receive. All money received in excess of $579 per month is required to be paid back to Medicaid. This is with the exception of the HIV/AIDS Waiver recipients who are allowed up to 300% of the SSI amount or $1,737 month of their pensions to live on, which favors one disability over another. It’s simply not fair nor is it realistic that anyone can live on only $579 per month in Virginia or any other state.”

Suggested Solution: The Joint Commission on Health Care (JCHC) recommended in its 2005 legislative platform to raise the PMA to 300% of the SSI amount in all of the Medicaid waivers. We strongly agree with the JCHC. Below is their recommendation to last years General Assembly.

“This week the Joint Commission on Health Care included a recommendation in its 2005 legislative platform to raise the PMA to 300% SSI in ALL the waivers. (the same recommendation is in the Olmstead Plan). The cost is about $4.2 million general funds.  It’s time again to ask the Governor to include those funds in his budget, and to communicate with members of the money committees.”

Who can live anywhere in this state on only $579 month of their disability income? Nobody can!  By allowing the other waiver stakeholders the same 300% of SSI to live on as the HIV/AIDS recipients are allowed, helps to ease the burden of not only the stakeholders, but that of their social service caseworkers who must adjust any co-pays from the spend downs of “each” waiver recipient. Just think of the increased productivity from every state social service caseworker if that burden was lifted from their shoulders?

This would also help those that are being denied a higher PMA a means to live a better “quality of life” without begging for more state handouts i.e. “foodstamps, fuel assistance, TANF,” etc., because they are forced to live in abject poverty. That equates to a tremendous long term savings for the state which could be very substantial.

Answer:
I believe that PMAs are an important and essential tool for independence.  Moreover, as you noted, I believe that PMAs can help offset other social service costs.  As Governor, I will work with legislators and finance committee members so they understand the recent recommendation of the JCHC and the impact implementation of the recommendations would have for the community, and work for increases in the budget. I will also work to ensure that the consumer community has a voice in any policy change.

 
3)  If elected Governor, would you agree to holding semiannual meetings with a group of advocates from across the state to listen to their ideas and/or solutions to problems within the various states agencies?  If they offered viable ideas and/or solutions would you be ready to act upon them immediately? This worked fine with the Warner Administration because it brought many issues to the surface that otherwise would never have been acted upon.  If so, would you provide your Chief of Staff a contact to DAC so meetings can be arranged?

Answer:
Yes. I will continue Governor Warner's practice of regular meetings with the Governor's staff. As Governor, I will hire qualified disabled Virginians at the highest levels of Virginia’s government.  I am proud of the manner in which the Warner-Kaine Administration has included voices from every level of an issue and of listening to the disability advocates in the Commonwealth, and ensuring that their able voices effect policy changes.  As a Chairman of the Disability Commission, I worked with advocates across the state and know the expertise and experience they will bring to these discussions and trust their judgment.  I am a firm believer that those who face an issue every day are in the best position to identify problems and solutions, and that policy should be built from the ground-up.  I will work to keep and improve the practice of an open, accessible administration, ensuring that the rights of our Virginians with disabilities are upheld. 

4)  If elected Governor, would you carry on with Governor Warner’s initiative of implementing and maintaining the Olmstead Task Force and the Olmstead Oversight Advisory Committee (EO 61 & EO 84) and start placing people back into the community during your first year in office?

Answer:
Yes.  On my first day as Governor, I will renew the executive order implementing Virginia’s Olmstead initiative.  I will maintain and enhance an ongoing State Task Force to ensure compliance with the Olmstead decision so that the option of community services can be a reality for Virginians with disabilities choosing to live in the community, rather than an institution or nursing home.

 
5)  If elected as Governor, would you be in favor of not just talking about increasing the rates by at least $4 per hour throughout the state with yearly COLA’s and a group healthcare plan but actually do it?

Background to question 5:  Caregivers, personal care attendants (PCA’s), certified nursing attendants (CNA’s), et. al, are paid an extremely low wage without any health benefits. Pay rates are anywhere from $8.19/hr or less in Southern Virginia and in Northern Virginia $10.10 - $10.61hr. These pay rates are 10 years behind what studies have shown to be the minimum survival rate of $24hr in Northern Virginia. Yet, these caregivers who work with our most vulnerable of citizens are expected to work on low wages without benefits.

With the increase, quality caregivers could then be competitively hired and paid to care for our elderly and disabled citizens in need of these services.  With a “state group healthcare plan” caregivers could contribute a small portion of their incomes after being on the job for at least 60 days which would give them an incentive to work and stay on the job thus creating a new much needed workforce that pays taxes back to the state and provides a much needed service to an area already in short supply.

Answer:
I feel that a viable wage for all service providers, including PCA’s, who work with people with disabilities is an important recommendation of Virginia’s Olmstead Plan.  I am committed to a dialogue about how those increases can be realized. I am committed to reinvesting the savings realized by an efficiency review of DMAS. 

 
6)  If elected Governor, would you mandate an amendment for the DRS CD PAS program, which would allow those on the PAS program to keep their caregivers so they could work, without having such a low threshold of $20,000 per year in earnings before recipients were placed on a sliding scale to pay back for their caregivers?  Perhaps upping the $20,000 threshold to $40,000 before starting a sliding scale, thus making it worthwhile to seek employment, would be a more realistic possibility.

Answer:
The 15 year old DRS PAS program is an exemplary initiative which over the years has received accolades from other states.  I believe that enhancing a person’s ability to work, by setting aside benefits is worth exploring through a cost benefit analysis, as is working with the Virginia Department of Taxation to increase the amount of tax relief available for consumers who pay for this very necessary service.  As Governor, I am also committed to working with the Department of Rehabilitative Services to explore ideas to maximize to PAS program so that as many persons as possible can be served. 

7)  If Governor, would you continue the practice of hiring or placing more people with disabilities in positions that directly affect disabled persons, so that the disabled would be treated more fairly by those that understand their needs rather than by those that don’t?

Answer:
I am proud of that Virginia can and has drawn its leaders from every segment of our diverse society.  As Chairman of the Disability Commission, I have been advised by many effective advocates and program providers who continue to move the independence agenda forward.  As Governor, I will continue to call on the expertise of the disability advocacy community and am confident that those individuals will be able appointees and members of my administration.

 
8)  If elected Governor would you refuse to pay the “clawback” of Medicaid funds back to CMS as many other state governors are threatening to do so the money can stay in our state Medicaid funds for possible wage hikes or health benefits for caregivers?  The “clawback” is a term used for the rebate money Medicaid receives each year from the drug companies which could equate to $12 million dollars or more.  As of January 1, 2006, CMS is responsible for drugs instead of Medicaid.

Answer:
As Governor, I would explore how this practice would affect Virginia’s obligation to caregivers and consumers.  I am willing to explore all options.  I will also work with the Congressional delegation to address the clawback. While I would seek funds that rightfully should be Virginia’s, I will also seek to ensure quality services for those who need them.

9a)  If elected governor, how will you improve the access to and the inclusion of students with disabilities in all of the schools of Virginia, including those students with intellectual disabilities as a means of accessing the general education curriculum?

Answer:
Our children, both those with and without disabilities are the future of our Commonwealth and deserve an opportunity to succeed, so they will continue to move Virginia forward.   I am proud to have built four new schools as Mayor of Richmond, each of which was ADA compliant.  Because of the bipartisan budget reform package we passed last year, we were able to make an historic increase in investment of $1.5 billion in education, including funding special education above the SOQ levels.  As Governor, I will continue to move the Commonwealth to a fully accessible school system.  I have released a detailed education plan that calls for raising standards across the Commonwealth to a level of excellence.  My Start Strong initiative, which will make pre-kindergarten available for all Virginia four-year olds, will promote early identification of special needs and provide services for children at a young age. My plan calls for setting high standards for all of our children and for ensuring that we provide our educators, parents and students with the resources necessary to achieve these goals.     

9b)  What is your plan to reform and align Virginia’s education policies, programs and structure (e.g., “High School Reform Grant,” establishment of Virginia Regulations in Special Education, Part C funding for infants and young children with disabilities) with IDEA, 2004 and NCLB?  Students with disabilities seek benefit of reforms that prepare students with disabilities for positive postschool outcomes through a rigorous and challenging high school experience and life long learning in college.  We encourage you to view the information included in the National Clearinghouse on Postsecondary Education for Individuals with Disabilities (HEATH Center) at http://www.heath.gwu.edu/ as well as its linked site http://www.ThinkCollege.net which continues to identify (currently over 100) universities and colleges that are meeting the continuing lifelong learning goals of this population. In Virginia alone there are three universities providing continued learning opportunities for these students.

Answer:
As we move the Commonwealth forward for all Virginians, we must ensure that we are able to set high standards and make the resources needed to meet them available.  In the area of higher education, I have released a detailed plan that calls for the construction of a new state university which I will seek to ensure works with the community to make life long learning programs, such as the ones you have identified, available.  

 
10)  The federal regulations implementing the recent reauthorization of the federal special education law (IDEA 2004) are scheduled to be finalized this year, then the state regulatory process will begin.  If elected Governor, would you support going beyond the federal minimum regulations to retain Virginia’s strong regulations protecting children with disabilities? For instance, would you support: the Individualized Education Program (IEP) team determining if short term objectives are necessary (for students not learning alternate achievement standards), transition planning beginning at age 14, and the burden of proof remaining with the school?

Answer:
Start Strong, my initiative for universally available pre-K, will strengthen early intervention efforts and lead to more positive outcomes.  As Governor, I will work with our state’s education leaders, and IDEA advocates to make certain that children with disabilities are afforded an equal education, following and exceeding the principles of IDEA.  I will work with the state’s Department of Education to hear and implement measures which increase all educational standards.

11)  If elected Governor, would you continue to support the 15 years of the Americans With Disabilities Act (ADA) history and achievements made which has helped tremendously assisting not only the disabled but also mothers with baby carriages trying to navigate high curbs which now don’t exist in most localities?

Also, the ADA has helped many persons with motor skill and sensory problems to live a better “quality of life” so would you improve on any ADA rules that currently exist or help create other rules that may be needed?

Answer:
As the premier law guaranteeing the right of all people with disabilities, I will uphold the spirit and letter of the ADA and make certain that we in Virginia are following its mandates.  We will follow the courageous and correct principles of both the ADA and our own Virginians with Disabilities Act, and support increased access to all parts of society.

 I was proud to stand with Governor Warner and defend the ADA when it came under attack.  Unfortunately, my opponent in this campaign has turned his back on and actively worked against the ADA, even arguing to the United States Supreme Court that the ADA is unconstitutional as it applies to state government services.  He is just wrong and we cannot afford a brand of leadership that will take us backward. 

In addition to working for ADA and VDA compliance, I will continue to move Virginia forward for all her citizens by increasing incentives to create housing that included accessible features, enhancing accessible transit options and creating more rehabilitative options for disabled veterans.

Please see my Agenda for Independence attached hereto and available at http://www.kaine2005.org for more detail to Keep Virginia Moving Forward.

Thank you Candidate Tim Kaine for your answers to DAC's questionnaire. Good Luck in November.

Keith Kessler - disabled Action committee

NOTE: Here are some  followup questions and answers that were not very understandable to me above. So I asked for a little more clarity and specifics. Now I know 'exactly' were Tim Kaine stands on the issues.

“In today’s Virginia, there is no reason that a disability should be a barrier to independence and opportunity.  As Governor, I pledge to uphold the Virginians with Disabilities Act and the Americans with Disabilities Act, and to ensure that all Virginians have the opportunity to participate fully and equally in the life of our Commonwealth.”   – Tim Kaine

Olmstead

Virginia has responded to the 1999 Supreme Court decision in Olmstead v. L. C. by integrating more support programs for Virginians with disabilities into community settings.  As Governor, I will continue to implement the initiatives developed by the Olmstead Task Force.  On my first day as Governor, I will renew the executive order implementing Virginia’s Olmstead initiative.

Employment

Disability is no barrier to achievement, and as Governor, I will hire qualified Virginians with disabilities at the highest levels of Virginia’s government.  I will support training and placement services to help more Virginians with disabilities find opportunities in the private sector, and aggressively enforce the Virginians with Disabilities Act and fight employment discrimination against Virginians with disabilities.

Housing

As our population ages, the demand for accessible housing is increasing.  By awarding bonus points for loan applications that included accessible features, the Virginia Housing Development Association was able to dramatically increase the number of accessible housing units at no cost to the taxpayers.  As Governor, I will continue to support innovative incentives for accessible housing, and work with local governments to include accessible housing in their comprehensive plans.

Transportation

Accessible transportation is the key to independence to many Virginians with disabilities and seniors.  As Governor, I will work to provide accessible public transportation options.  I will also support building communities where living, shopping, and working are located near each other, and provide incentives for developing accessible housing and workplaces near existing public transit.

Veterans

The modern lifesaving technologies available to battlefield doctors also mean that more servicemen and women are returning home with disabilities.  As Governor, I will bring the Departments of Veterans Services and Rehabilitative Services together to build a comprehensive response for veterans who return home with disabilities.  From rehabilitation to employment to housing, we will help vets with disabilities enjoy the freedoms and opportunities they have given so much to protect.