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TWIN CITIES, MN PERMIT NO. 4766
Volume 34, Number 5
May 2023
WWW.ACCESSPRESS.ORG
All eyes are on the May 22 session end date
Deaf, deafblind and hard of hearing awards given Page 7 Guardianship needs scrutiny Page 2 Legislation generates letters Page 4 Tracking worker shortage Page 8 Long COVID is focus Page 4 ARRM
It takes energy to participate in a disability rights rally.
2023 Disability Services Day highlighted waivers, wages Minnesota’s historic state surplus has renewed calls for legislators and Gov. Tim Walz to invest the state’s care system for people with disabilities. The 2023 Disability Services Day at the Capitol drew advocates and allies from around the state, with the rallying cry of “Invest in us.” Doing more to increase and sustain
disability waiver services was a key focus for those at the rally and lobby day, which was organized by the umbrella groups ARRM and MOHR. Thousands of people from around Minnesota attended the event, filling the capitol rotunda and its balconies. They waved RALLY To page 3
Hearing to outline proposed life choices settlement by Jane McClure A federal class action lawsuit involving Minnesotans with disabilities who live or have lived in corporate adult foster care or group homes returns to U.S. District Court in St. Paul on Friday, May 12. Before the 1 p.m. court proceedings, disability rights activists will gather at 11:30 a.m. to protest what they see as an inadequate proposed settlement. The “Integration Now” rally is meant to draw attention to the settlement, and the need for more to be done to help Minnesotans with disabilities as they seek to integrate into their home communities. Learn more about the rally at the Facebook group, Minnesotans for Direct Support Improvements or at okerlundlaw. com. The law firm is representing those who object to the settlement. There is also an online petition demanding that the proceedings be virtual so that more can watch. The May 12 proceeding is a fairness hearing. A fairness hearing is one where the court weighs a decision as to whether or not a settlement agreement is fair, reasonable and adequate. The final decision can be made at or after the hearing. The hearing on Murphy versus Harpstead was to be held in January but was postponed to allow the Minnesota Department of Human Services (DHS)
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May 22 is the final day of the 2023 Minnesota Legislature’s regular session. The push is on to reach agreement on omnibus bills and spending, and to get work done on time. Many disability advocacy groups and individuals are putting in long hours, tracking bills and floor sessions. The biggest rallies for Minnesotans with disabilities are in the books for 2023. Committee testimony has largely wrapped up so the focus is on shepherding measures through. Looming over everything is the state’s record surplus of $17.5 billion. The budget targets agreed on earlier this spring by Gov. Tim Walz and DFL leaders come in at almost $17.9 billion. In Minnesota’s disability community there have been many calls to use that surplus to address pent-up needs, including addressing the care crisis. Several measures have already been signed into law. But many disabilityfocused measures are still in the mix. With hundreds of disability-related bills introduced this session, it’s inevitable that not everything will pass. While it is encouraging to see so many long-term issues considered, tracking everything has been a challenge with so much in play. The crush of bills has also led to questions about the accuracy of some fiscal notes and even the lack of fiscal notes in a few cases. Fiscal notes are important because they inform elected officials of the financial impact that proposed legislation would have for state government. A fiscal note outlines costs, potential savings, and increases and decreases in revenues. As Access Press went to press, many omnibus bills had passed the House and Senate, and had gone to conference committees. Conference committees are temporary groups, where members of the House and Senate work to resolve differences between their bills. Five House members and five Senate members are appointed to each conference committee. Knowing who the conferees are is crucial on every issue, including those disability community members follow. Some smaller bills are still moving ahead outside of the larger omnibus processes. The situation with legislation is quite fluid so the best advice is to check disability advocacy service organization blogs and bill trackers on a regular basis. Some Twin Cities television stations offer bill trackers as well. Another issue to keep in mind is that this is a budget session and that can add to the complexity of conference committees. Larger bills on jobs and economic development, health and human services, education, housing, public safety are key issues to follow. Keep in mind that smaller issues get wrapped up in those bills so take the time to look at bills carefully. Several issues have been highprofile this session including abortion, marijuana and paid family medical leave. The leave proposal has had many hearings. The measure proposed would partially replace up to 12 weeks of wages in a year’s time to care for a sick family member or new child. SESSION To page 9
NEWS DIGEST
Community living options are at the heart of the court case. more time to mail notices to some Minnesotans with disabilities who were entitled to receive notice of the settlement agreement. Objections to the settlement were filed in March. The civil court case has gone on for more than six years. Tenner Murphy is the Murphy in the case and is one of the lead plaintiffs. Other named plaintiffs are Marrie Bottelson and Dionne Swanson.
Harpstead is DHS Commissioner Jodi Harpstead. DHS itself is a defendant, and several counties’ human services departments and ARRM are involved as interested or amicus parties. The Minnesota Disability Law Center is representing the plaintiffs. A key factor in the case is the federal Olmstead decision. Olmstead versus L.C. is considered one of the most important SETTLEMENT To page 9