TDAP Saved! For Now.

SECRETARY DONALD WITHDRAWS REGULATORY CHANGE

DHR Secretary Brenda Donald, has withdrawn the planned changes to the TDAP program.  Donald, in a letter to Jeff Singer, CEO of Baltimore’s Health Care for the Homeless,  stated that the Department had informed the AELR Legislative Committee earlier this month that the Department was formally withdrawing the COMAR changes orginally announced on September 11, 2009.   The withdrawal is welcome news for roughly 3,000 TDAP recipients who were scheduled for immediate cut-off in January, 2010, when the regulations were expected to go into effect.   Another 2,000 or more would have been cut off in February, 2010, as the plan’s 24 month limitation on TDAP assistance would have progressively trimmed the program’s current TDAP caseload of 18,000, 85% of whom receive assistance because of a “long-term” disabilities.   The move suggests that DHR, which faced an $8 million FY2010 deficit in the program, has submitted the shortfall to the Governor to be included as a “deficiency appropriation” for FY2010 in the FY2011 budget.   It does not, however, remove TDAP or any other DHR program from potential cuts in an FY2011 budget that most believe will need at least $2 billion worth of trimming (almost 15% of the state budget).   Over $1 billion already has been cut in FY2010 through emergency action by the Governor, Treasurer and Comptroller (the Board of Public Works).  State spending is now at 2007 levels.   DHR and DHMH, like most state agencies, were asked to submit cost-saving proposals to the Governor, despite the fact that cuts to their full-time staff positions in  last nine years exceeded staff cuts of all other state agencies combined. 

DHR Ordered By Court to Reduce Delays

While Order Does Not Inculde TDAP,  Changes Will Affect All Benefits

Baltimore City Circuit Court Judge Barry Williams ordered the Maryland Department of  Human Resources to develop, within 45 days, a statewide plan to “fully comply ” with state and federal requirements to process Food Stamps, Temporary Cash Assistance, and Medical Assistance-for Families and Children within 30 days of application.   The Plan, according to the Judge, is to be effectuated to ensure “full compliance” with the law within 12 months.  “I’m mindful of efforts made by defendant to addresses this problem and I know it’s not easy, but the issue is not whether it’s easy, but what is required by law.”    [For Trial Blog, click More.]

Those Affected By Cuts Speak Out

Propose Constitutional Amendment That Protects Human Rights 

Over 50 people, most of whom receive or had received TDAP, attended a “town hall” style Human Rights Budget Hearing on December 3rd, and warned of the human cost of budget cutting.   “I just want to know what am I supposed to do?”  asked a tearful Heather Smith, who will lose the means to pay rent in housing she just recently secured.  “Tell me, I just want to know.   What am I supposed to do?”  Smith was one of 14 persons who testified at the hearing, hosted by SaveTDAP advocates at the Enoch Pratt Library in Baltimore.  Branden MacLeod of the Maryland Budget and Tax Policy Institute began the hearing by presenting Maryland’s current fiscal and budget challenge.   An estimated $2 billion (roughly 15% of the budget) might be slashed from the upcoming FY 2011 budget, simply to make ends meet.  Already over $1 billion has been cut from the current FY2010 budget through emergency actions by the Governor and the Board of Public Works.   MacLeod indicated that a mix of temporary funds infusion from the state’s rainy day fund combined with revenue enhancements was necessary to meet the human needs and rights of Marylanders.   The Governor has indicated privately that he fears any tax increases will cost him his re-election.   The town hall gathering adopted a proposed constitutional amendment that requires the Governor to establish a thorough and efficient system to meet the human rights of health care, housing, food, social services and income security for all Marylanders in the event of unemployment, sickness, disability, old age or other lack of livelihood in circumstances beyond their control.  The proposed amendment was later delivered to the Attorney General’s office at St. Paul Place by a group who attended the hearing.

First Annual “Human Rights Budget” Hearing to Include TDAP

December 3, 2009–Enoch Pratt Library–Noon to 3 pm

On Thursday, December 3, from 1:00PM to 3:00PM at the Enoch Pratt Central Library in Baltimore (400 Cathedral Street), a “Maryland Human Rights Budget Hearing” will be held to examine the impact of Maryland’s fiscal woes on the social safety net.  The event, hosted by SaveTDAP advocates,  will include a briefing on Maryland’s fiscal situation from the Maryland Budget and Tax Policy Institute, testimony from individuals directly affected by state budget cuts and from those who are concerned about the current status of safety net programs.  The public hearing will be followed by a march to the Governor’s Baltimore office at 6 St. Paul St. , where a proposed constitutional amendment requiring a “Human Rights Budget” will be presented to the Governor or his staff.    All Are Invited!

TDAP RECIPIENTS DOMINATE LEGISLATIVE HEARING

OVER 25 ATTEND–12 TESTIFY–AFTER DHR SECRETARY DEFENDS THE PLAN

Warning of increased homelessness, hospital visits, incarceration, and even death, current and former TDAP recipients asked the General Assembly’s AELR Committee to reject the TDAP changes proposed by the Department of Human Resources (DHR), and force the Governor to explore other cost savings.   While Committee members and DHR Secretary Donald expressed concern and sympathy, they appeared resigned to the change. 

Taking the stage in legislature’s largest hearing venue, the joint committee hearing room with stadium seating, TDAP recipients, past and present,  recounted their own work or military service histories, personal struggles, and the role TDAP has in providing hope and transformation.  “A few years ago, I was homeless and got the $185 a month,” Willie McClain told the legislators, “I developed a substance abuse problem and then finally took the money and the Food Stamps I was getting and enrolled in a program at the Helping Up MIssion for a whole year. ”  McClain now works as a counselor at Vincent DePaul and Beans in Bread in Baltimore and warned the committee that if TDAP is limited, the recipients will “go to Health Care for the Homeless , they will come to me, they will go to the ERs, but they will be hurting.”

Current TDAP recipient Paula Palmer said, “I’ve worked all my life, but recently came into some injuries.”  Choking back tears, she recounted how she used the money first to pay her brother to simply sleep on his couch, and then pooled the money with her fiance’s SSI benefit to secure housing.  “We were blessed to find an apartment that cost less than the room we were renting.  I pay the gas and electric.  I give them the whole $185.  It’s  hard, but I need this money to be as independent as I can.” 

TDAP Numbers Suggest Disparate Treatment

APPROVAL RATES VARY WILDLY BY JURISDICTION

A review of DHR’s own monthly statistics on TDAP (found at http://www.dhr.state.md.us/fia/statistics.php) show that imparied persons unable to work in Montgomery, Anne Arundel or Washington Counties will have a more difficult time getting assistance than elsewhere in the state.  While the statewide average approval rate for TDAP applications is 48%, Montgomery  approves only 21% of its applicants, while Anne Arundel and Washington Counties average approvals at a 26% rate.    The counties most likely to grant TDAP are Garrett (approval rate of 71%), Calvert (66%) and Caroline (64%).  Baltmore City approves 58% of its applicants on average.  TDAP Numbers & Trends FY 09-10

DHR CANCELS OWN HEARING, WILL ATTEND LEGISLATIVE HEARING

In a communique with advocates Friday, November 6, 2009,  DHR Stacy Rodgers, Deputy Secretary for Programs,  stated, “Please be advised that in light of the Administrative Executive Legislative Review’s (AELR’s) decision to host a public hearing on the TDAP proposed regulations on Tuesday, November 10th at 4:00 pm, we are canceling the hearing that we scheduled for December 3rd.  Secretary Donald will participate in the AELR public hearing on November 10th.”

State Legislative Committee Also Schedules TDAP Hearing

Despite the fact the Department of Human Resources (DHR) has scheduled a public hearing to entertain comments to the proposal to limit TDAP, the state Legislature’s AELR Committee ALSO will hold a public hearing–roughly three week earlier:   

on Tuesday, November 10, 2009 at 4:00pm in the Joint Hearing Room in the Legislative Services
Building in Annapolis. 

The committee will consider the following regulations:
* Proposed Regulation
Department of Health and Mental Hygiene:
Board of Pharmacy: Fees:
COMAR 10.34.09.02
* Proposed Regulations
Department of Human Resources:
Family Investment Administration:
Temporary Disability Assistance Program:
COMAR 07.03.05.04, .05, .10, .16, and .17

In reviewing a proposed regulation, this Committee is required to consider whether the regulation is “in conformity with the statutory authority” of the Department, and “reasonably complies” with the
legislative intent of the statute. TDAP’s statutory authority is not specific–that is, its authority appears to come from the general grant of legislative power to the Secretary of DHR. This means that
any testimony to the Committee suggesting that these TDAP
changes are NOT CONSISTENT with the mission of DHR should be acceptable and considered.

State Agency to Hold Hearing on TDAP Proposal [canceled 11/06 post above]

DHR Secretary Donald Schedules December 3rd Hearing

After meeting with advocates on October 22nd, DHR Secretary Brenda Donald has scheduled a public hearing to allow further comments and testimony on the propsal to limit TDAP assistance.   Those who cannot attend the hearing but would like to submit comments can provide them in the comment section below and they will be submitted at the hearing.  

The Public Notice is as follows:

Date and Time:  December 3, 2009, 5:00 p.m. – 7:30 p.m.

Place:  Maryland Department of Human Resources, 311 West Saratoga Street, Baltimore, MD 21201         First Floor

Additional Information:

The Department of Human Resources/Family Investment Administration is proposing regulatory changes to the Temporary Disability Assistance Program (TDAP).  Regulatory changes were submitted to the Administrative Executive Legislative Review Committee and were published in the Maryland Register on September 11, 2009 for public comment.  The public is invited to provide comments on the regulatory changes at the public hearing.  All persons who wish to make public comments must submit written testimony at least 48 hours in advance of the hearing to Tammy Bresnahan (410) 767-7193or by email to regulations@dhr.state.md.us.

Contact: Tammy Bresnahan (410) 767-7193

State Plans To Limit Aid to Disabled Destitute

Program O’Malley Defended Now on Chopping Block

Maryland Department of Human Resource Secretary Brenda Donald has proposed limits to the state’s Temporary Disability Assistance Program (TDAP) effective 10/26/09 that will place at least approximately 18,000 disabled Marylanders at risk of homelessness.  TDAP provides $185 per month to destitute Marylanders who cannot work, and who are awaiting federal disability assistance from the backlogged Social Security Administration.  While federal initiatives have reduced the waiting time for disability claimants at SSA, the average processing times for such claims are two years.  Despite reports from SSA indicating the recession is prompting additional SSA disability claims, DHR will limit state assistance to a period of 24 months.

DHR faces an $11 million deficit in its FY 2010 budget and indicates its TDAP proposal, issued September 11, 2009, will save $3.5 million annually.  TDAP recipients have increased by 70% over the last 18 months, according to DHR statistics.

TDAP Power Pt

In August, 2009, Health Care for the Homeless surveyed 777 current and past TDAP beneficiaries and found that 64% use the modicum of assistance for housing.  According to the report, many TDAP recipients report “staying in a shelter that charged a nightly fee, in a program that charged some or all of their monthly TDAP benefits, or with family or friends who charged all of some portion of their monthly benefit.”  An additional 48% used TDAP funds for food, suggesting that monthly assistance levels under the Statewide Nutritional Assistance Program (formerly Food Stamps) are insufficient.  

Formal written opposition to the plan was submitted to DHR by Maryland Legal Aid, the Homeless Persons Representation Project (www.hprplaw.org), Health Care for the Homeless, and Maryland’s Alliance for the Poor (a statewide network of advocacy organizations, service providers, and faith communities that advocates on behalf of person in poverty) (http://marylandallianceforthepoor.blogspot.com/).  

“DHR published the proposed regulations on September 11^, 2009,” said Sabonis.  “Unless they change their minds or a legislative committee intervenes, the TDAP changes will take place 45 days from publication—on October 26, 2009.”  In addition to providing DHR with technical comments, Sabonis sent a letter to DHR and the Governor containing comments from 29 TDAP recipients that Legal Aid has served.  The Legal Aid clients indicated a willingness to speak publicly against the proposal.  “Their disabilities and situations differ, but they all live on the edge,” said Sabonis.  “If TDAP is removed, they will fall.” 

 The state disability assistance program, which has existed under various forms and acronyms over the last 15 years, has been historically a favorite cost cutting target for the state during time of fiscal stress, but not without political risk.  In 2004, then-Mayor Martin O’Malley lambasted then-Governor Robert Ehrlich for Ehrlich’s planned elimination of the program. 

In 1992, then Governor Schaefer reluctantly proposed cutting the program—then known as General Public Assistance—admitting that the result would be increased homelessness, begging, and institutionalization.  The cut was delayed briefly by a class action lawsuit, but scaled-down aid was recast as the Disability Assistance Loan Program (DALP), recognizing by program name the fact that state disability assistance was recouped from beneficiaries when their federal disability assistance eligibility was established.  

In 1995, Governor Glendenning sought to eliminate DALP, and was confronted with a “sit-in” at his office, demonstrations, a host of anti-cut editorials and legislative opposition.   He reversed policy, but not before changing DALP into the Temporary Emergency Housing Assistance (TEMHA), with the intent that assistance would be delivered in voucher form directly to those who housed the disabled.  The voucher program was never realized—cash assistance continued until 2004, when Governor Ehrlich also proposed its elimination.  Another unsuccessful class action lawsuit was filed, but it galvanized TEMHA support in the General Assembly, which directed DHR to re-institute the assistance, which it now calls TDAP.

TDAP Caseloads