Other Disability Advocacy and Information Agencies

Line Item	Description	Agency	FY01	FY02	FY03	FY04	FY05	H1 for FY06
0321-1600	MLAC Total	Judiciary	$4,276,799	$4,266,799	$4,225,408	$7,564,142	7,564,142	0321-1600
0321-1610	MLAC General Support	Judiciary	4,800,000	4,800,000	4,734,750	0321-1600	0321-1600	8,565,227
0321-2000	MHLAC	Judiciary	546,412*	507,764	501,085	501,085	568,576*	0321-1610
0321-2100	Mass. Correctnl. Legal Services	Judiciary	730,214	730,250	700,250	500,000	500,000	0321-1610
No line	Gov. Commissn. on MR	EOHHS (as of FY05)	206,760 0411-1000	205,161 0411-1000	205,161** 0411-1000	205,161** 0411-1000	^	^
1107-2400	MOD	Sec. of Adm.&Finc.	741,355	670,253	585,196	574,343	573,469	586,967
1107-2501	DPPC	Exc. Office Adm.&Finc.	1,686,445	1,717,026^^	1,578,214	1,572,323	1,704,742	1,750,037
1150-5100	MCAD	Sec. of Adm.&Finc.	2,524,960	2,311,861	1,819,076	1,494,521	1,434,740	1,529,164
1150-5104	MCAD EE & Fair Housing	Sec. of Adm.&Finc.	1,813,344	1,863,898	1,987,982	2,467,962	2,467,982	2,467,982
1150-5116	MCAD Diversity Trainers	Sec. of Adm.&Finc.	27,500	27,500	27,500	27,500	27,500	27,500
8000-0500	Architectural Access Board.	Off.of Pub. Safety&Hm.Sec.	227,212	220,484	8311-1000	8311-1000	8311-1000	8311-1000

*    FY01 and FY05 include supplemental budget appropriations ($43,000 and $52,204 respectively).

** This is an earmark in 0411-1000 for "not more than $205,161" for the Governor's Commission.

^    There is no longer an earmark for the Governor's Commission anywhere in the budget.

^^  This amount includes the $100,973 supplemental budget that was passed early in FY02.

The following independent commissions and programs are funded through a variety of state agencies. All are important to the community of people with disabilities in Massachusetts.

Line Item Analysis

Account:      Massachusetts Legal Assistance Corporation (MLAC)

Line Items:  0321-1600 and 0321-1610

Agency:       Judiciary

The Massachusetts Legal Assistance Corporation (MLAC) accounts fund 18 legal services programs serving low-income (up to 125% of the federal poverty level) people across the state. Funding for MLAC comes from state sources as well as from revenue generated by the Interest on Lawyers Trust Accounts program.

MLAC services fall into 4 categories:

·       General Support provides for day-to-day civil legal needs of low-income people in areas like family law, housing, income maintenance, health care access and other problems with assistance programs;

·       The Medicare Advocacy Project (MAP) provides advocacy for those unfairly denied Medicare coverage;

·       The Disability Benefits Project (DBP) provides assistance to low-income persons with disabilities who have been improperly denied federal SSI/SSDI benefits;

·       The Battered Women's Legal Assistance Project (BWLAP) offers legal assistance to victims of domestic violence in complex legal matters such as child support, custody and visitation.

MLAC notes that legal aid helps avert housing crises for families and the elderly and helps bring millions in federal dollars to the Commonwealth each year through advocacy for individual benefits and federal policy changes.

MLAC programs are extremely cost-effective. In FY01, for example, DBP attorneys won favorable Supplemental Security Income (SSI) and Supplemental Security Disability Income (SSDI) determinations for their clients in 86% of cases, resulting in federal payments of $3.4 million to Commonwealth residents. About $570,000 was in the form of direct reimbursements to the state's EAEDC program. Residents with disabilities received lump payments for retroactive benefits of more than $2.8 million. Only $1.2 million of state investment produced this return, and yet, despite the cost-effectiveness of MLAC programs, a majority of eligible callers to legal aid programs are being turned away due to a lack of resources.

Line Item	Description	Agency	FY01	FY02	FY03	FY04	FY05	H1 for FY06
0321-1600	MLAC Total	Judiciary	$4,276,799	$4,266,799	$4,225,408	$7,564,142	7,564,142	0321-1600
0321-1610	MLAC General Support	Judiciary	4,800,000	4,800,000	4,734,750	0321-1600	0321-1600	8,565,227*

*     This is a consolidated account and cannot be compared with previous years.

FY01-FY05 Impact

Since FY01, MLAC has been cut by $1,512,657 (16.6%). Most of the cuts have come from general support, since the other 4 program categories are earmarked. The cuts have come at a time when more people have been falling within the income eligibility guidelines for legal aid (125% of poverty), which has put more pressure on already stretched services.

Since FY03, the earmark for DBP has been reduced by $14,475 (from $1,204,604 in FY02 to $1,190,129 in FY03). MAP has been cut by $6,620 (from $550,906 to $544,286). And BWLAP has been cut by $30,296 (from $2,521,289 to $2,490,993). In his FY04 veto message, the governor sought to de-fund these legal services to indigent and vulnerable residents, but was overridden.

In FY05, MLAC is level-funded with FY04. Earmarking for DBP, MAP, and BWLAC remains the same ($1,190,129, $544,286, and $2,490,993 respectively).

FY06 Needs

MLAC is requesting an increase of $4.5 million for civil legal services in FY06. This figure includes $1.5 million in restoration funds. MLAC is also requesting that the earmarks for BWLAP, DBP, and MAP be restored to their FY02 levels ($2,511,289, $1,204,604, and $550,906 respectively), leaving $7,800,000 for general support. The increase would pay for 4,380 additional cases, benefiting close to 18,000 low-income individuals and family members across the state.

H1 for FY06 Recommendations

H1 recommends consolidating MLAC with the Mental Health Legal Advisor's Committee (MHLAC, line item 0321-2000), and the Mass. Correctional Legal Services (MCLS, line item 0321-2100), the same consolidation that was sought in the H1 for FY05 budget. This year there is also a cut of $67,491 from the proposed consolidated civil legal services account. The civil legal services community is advocating to maintain their separate line items and to preserve their funding.

Account:      Mental Health Legal Advisors Committee (MHLAC)

Line Item:   0321-2000

Agency:       Judiciary

The Mental Health Legal Advisors Committee (MHLAC) account funds advocacy and information referral for individuals with disabilities who are in the state mental health system and individuals seeking insurance coverage for mental health services. Services include: litigation on systemic issues; education and training to persons with disabilities, attorneys, judges, and advocates; and monitoring of conditions in state mental health facilities and in the community. Annually, 2,000-3,000 requests for advocacy and information are received. Private attorneys provide pro bono services for appropriate cases.

Line Item	Description	Agency	FY01	FY02	FY03	FY04	FY05	H1 for FY06
0321-2000	MHLAC	Judiciary	546,412*	507,764	501,085	501,085	568,576*	0321-1610

*    FY01 and FY05 include supplemental budget appropriations ($43,000 and $52,204 respectively).

FY01-FY05 Impact

Since FY01, MHLAC has been cut 8.3%, unadjusted for inflation. MHLAC went from 7.6 full time staff in FY01 to just 6.0 in FY04.

The FY02 and FY03 budgets reduced MHLAC's intake hours by 33%. In FY03, over 1,000 fewer people with disabilities were assisted as compared with FY01. Also, the Regional Coordinator role was eliminated in FY02, ending regular back-up assistance for mental health attorneys in Essex, Middlesex and Suffolk counties.

In FY05, MHLAC staff is at 6.4 full time equivalent positions, a .4 position improvement thanks to the receipt of $52,204 in a supplemental budget for FY05. The supplemental also funded Supreme Judicial Court-approved salary adjustments. MHLAC is still down one full-time legal staff position from its FY01 staffing level.

FY06 Needs

MHLAC reports that their maintenance budget for FY06 is approximately $568,576. However, the agency may be moving and hence needing a larger rent budget. It is additionally requesting $81,024 to build back 1.6 full time equivalent attorney positions. One would be a part-time pro bono support attorney responsible for recruiting, training and supporting private pro bono attorneys to handle mental health issues. The other would be a full-time attorney position as a state matching source for the Clubhouse Legal Support Project currently operated with private and federal funding (the project is in demand and expansion is needed for more clubhouse clients to access legal services). The total budget request is for a minimum of $649,600.

H1 for FY06 Recommendations

H1 for FY06 recommends consolidating MHLAC with the Massachusetts Legal Assistance Corporation (MLAC line item, 0321-2100) and the Mass. Correctional Legal Services (MCLS, line items 0321-1600 and 0321-1610), the same consolidation sought by the H1 for FY05 budget. This year an additional $67,491 is cut from the consolidated civil legal services account. The civil legal services community is advocating to maintain their separate line items and to preserve their funding.

Account:      Governor's Commission on Mental Retardation

Line Item:   0411-1000

Agency:       Executive Office of Health and Human Services (EOHHS)

The Governor's Commission on Mental Retardation (the Commission) is funded by an earmark within line item 0411-1000. The Commission oversees and monitors the needs and treatment of people with mental retardation (MR).

The Commission works closely with the Department of Mental Retardation (DMR), the Executive Office of Health and Human Services (EOHHS), and other state agencies to ensure quality services for individuals with mental retardation. Priority areas include the development of strategies to improve service delivery for individuals with disabilities and families who have been waiting for supports. (The Commission monitors the Boulet Waiting List settlement agreement and provide technical assistance-see the Department of Mental Retardation chapter for more information on Boulet.) Additional priorities are for the development of strategies to enhance public/private partnerships and to enhance interagency collaboration.

Line Item	Description	Agency	FY01	FY02	FY03	FY04	FY05	H1 for FY06
None	Gov. Commissn. on MR	EOHHS	206,760	205,161	205,161**	205,161**	^	^

**    This is an earmark in 0411-1000 for "not more than $205,161" for the Governor's Commission

^      There is no longer an earmark for the Governor's Commission anywhere in the budget.

FY01-FY05 Impact

The FY01-FY05 period for the Governor's Commission on Mental Retardation has been marked by reorganization and cuts. The Commission was transferred to EOHHS payroll on July 1, 2003 and moved to the China Trade Building. The Commission now reports to the secretary of EOHHS and modifications have been made to the Executive Order to reflect this change. The governor retains appointing authority. The staff has been cut by one-third, from 3 positions to 2.

In FY05, because there is no line or earmark at EOHHS, it remains unclear just what the Governor's Commission's budget is. EOHHS is paying its expenditures out of several accounts and for FY05 the Commission reports it will spend approximately $155,161. This amount is a 25% reduction from previous years.

FY06 Needs

For FY06, no increases have been requested. The Commission's staff is waiting for the governor to appoint the commissioners for the next 3-year term.

H1 for FY06 Recommendations

H1 for FY06 makes no mention of the Governor's Commission for MR.

Account:      Massachusetts Office on Disability (MOD)

Line Item:   1107-2400

Agency:       Secretary of Administration and Finance

 

The Massachusetts Office on Disability (MOD) is the agency designated to oversee the state's compliance with the Americans with Disabilities Act (ADA). MOD additionally advocates for individuals with disabilities, provides technical assistance to state agencies, and coordinates the Governor's Advisory Commission on Disability Policy and the Interagency Disability Services Coordinating Council. MOD's caseload was 9,803 clients in FY02.

Line Item	Description	Agency	FY01	FY02	FY03	FY04	FY05	H1 for FY06
1107-2400	MOD	Sec. of Adm.&Finc.	741,355	670,253	585,196	574,343	573,469	586,967

 

FY01-FY05 Impact

Since FY01, MOD's budget has been cut by $167,012 (22.5%), unadjusted for inflation. When adjusted for inflation, MOD's budget is now less than 50% what it was in 1989. Four full-time staff have been cut, a loss of 2 policy positions and 2 advocate positions. Client Services has lost 33% of its staff while attempting to respond to an 80% increase in demand for services. Participation at local Commission on Disability meetings has been eliminated, and regional Commission meetings have been cut by 25%. In total, 30% of client service requests now go unserved, including community trainings cut by 80%, travel for technical assistance cut by 80%, and intake hours cut by 25%.

FY05 provides less than level funding with the FY04 allocation. Meanwhile, the demand for MOD services from agencies and individuals continues to rise. This below-maintenance budget will further erode services and trainings. MOD continues to have just one support staff person fielding calls from people in crisis statewide.

FY06 Needs

MOD has requested an increase of $91,531 in FY06 in order to reinstate 1.5 full-time staff positions and build back some of its capacity to provide technical assistance. MOD reports that changes in the structure of state government has increased demand on the office for its technical expertise and experience, but staff are at a breaking point.

H1 for FY06 Recommendations

H1 recommends an allocation $13,498 (2.4%) above the FY05 funding level.

Account:      Disabled Persons Protection Commission (DPPC)

Line Item:   1107-2501

Agency:       Executive Office for Administration and Finance (EOAF)

The Disabled Persons Protection Commission (DPPC) is an independent agency with 3 commissioners that report directly to the governor and the legislature. The DPPC investigates abuse allegations and oversees investigations and protective services performed by the Departments of Mental Retardation (DMR) and Mental Health (DMH) and the Mass. Rehab Commission (MRC). The DPPC conducts training programs, sponsors education and outreach, investigates reports of retaliation against individuals who report abuse and provides information and referrals on various abuse-related issues. In FY04, 1,779 cases were investigated under its authority.

Increase in demand for DPPC services has been and continues to be dramatic. In FY04, the number of calls processed was 40% higher than it was in FY02. Also in FY04, the DPPC was involved in 880 criminal investigations, up from just 87 in FY98 when its State Police Detective Unit was created.

Line Item	Description	Agency	FY01	FY02	FY03	FY04	FY05	H1 for FY06
1107-2501	DPPC	Exc. Office Adm.&Finc.	1,686,445	1,717,026^^	1,578,214	1,572,323	1,704,742	1,750,037

^^    This amount includes the $100,973 supplemental budget that was passed early in FY02.

FY01-FY05 Impact

Between FY02 and FY04, the DPPC budget was cut by 8.4%-causing the loss of 4 out of 7 investigator positions-despite a sharp increase in need for services. The number of overdue investigations climbed by 447% from FY00 to FY04. In FY04, the DPPC assigned itself just 5% of investigations. The remainder of cases were self-investigated by state agencies. As of August 2004, there were 678 overdue investigation reports. On average, caseloads have gone from 215 to 375 per oversight officer (a 74% increase).

In FY05, the DPPC budget improved by 8.4%, enabling the backfilling of 3 vacant positions and allowing the Commission to begin recording hotline calls and to reinstate background checks on potential employees assigned to work with disabled individuals. The case backlog remains.

FY06 Needs

The DPPC has requested an additional $188,153 for FY06 in order to backfill its remaining vacancies (to 30 full-time staff). The funds are badly needed to address the increase in hotline calls, the backlog of investigations, and the very high average caseload of oversight officers. The total budget request is for $1,935,514.

H1 for FY06 Recommendations

H1 for FY06 recommends $45,295 (2.65%) above the FY05 funding level.

Account:         Massachusetts Commission Against Discrimination (MCAD)

Line Items:     1150-5100, 1150-5104, and 1150-5116

Agency:          Secretary of Administration and Finance

The Massachusetts Commission Against Discrimination (MCAD) is the Commonwealth's primary civil rights enforcement agency. MCAD investigates allegations of discrimination based on disability, race, gender, age, religion, welfare status, sexual orientation or national origin status in the areas of employment, education, housing, credit and public accommodation. The Commission receives approximately 4,300 complaints each year.

MCAD's Equal Employment and Fair Housing programs work to monitor government compliance with state and federal affirmative action guidelines and are funded by the allocation in line item 1150-5104. MCAD has also conducted studies of systemic discrimination. MCAD's discrimination prevention certification program for diversity trainers is funded by the allocation in line item 1150-5116. The program offers Trainer Referral Services so businesses can access a pool of state-certified trainers.

Line Item	Description	Agency	FY01	FY02	FY03	FY04	FY05	H1 for FY06
1150-5100	MCAD	Sec. of Adm.&Finc.	2,524,960	2,311,861	1,819,076	1,494,521	1,434,740	1,529,164
1150-5104	MCAD EE & Fair Housing	Sec. of Adm.&Finc.	1,813,344	1,863,898	1,987,982	2,467,962	2,467,982	2,467,982
1150-5116	MCAD Divrsty. Trainers	Sec. of Adm.&Finc.	27,500	27,500	27,500	27,500	27,500	27,500

FY01-FY05 Impact

Between FY02-FY04, the legislature reduced MCAD's appropriation in line item 1150-5100 by $1.09 million and raised the ceiling on MCAD's primary retained revenue in line item 1150-5104 by $654,638. The net cut is $435,582 (10%), but the situation is really worse. The retained revenue account raises revenue from federal reimbursements for housing and urban development and equal opportunity programs and from new civil penalties instituted in FY04 against respondents found to have engaged in unlawful discrimination. In FY04, MCAD could not meet the new retained revenue ceiling, leaving the Commission short another $264,124.

Budget cuts have meant an inadequate number of investigators and average caseloads as high as 430 (in FY03 in Boston), nearly double what they had been.

In FY05, MCAD reports that the Commission should come closer to meeting its retained revenue ceiling, projecting a shortfall of just $51,300. The Commission has been cautiously backfilling investigator positions as the situation improves.

FY06 Needs

MCAD needs an additional $97,568 in the appropriation for line item 1150-5100 in order to support hiring for 2 investigator positions. The positions are critical for reducing case backlog and investigator caseloads. Additionally, because when MCAD maximizes its case closings it will also maximize its federal reimbursements, having more staff will likely generate more revenue.

H1 for FY06 Recommendations

H1 for FY06 recommends $94,424 (6.6%) above the FY05 allocation.

Account:         Architectural Access Board (AAB)

Line Item:      8000-0500

Agency:          Office of Public Safety and Homeland Security

The Architectural Access Board (AAB) is responsible for ensuring that all public buildings are accessible to and safe for use by individuals with disabilities. The Board enforces state rules and regulations to ensure that any new construction, renovation or changes of use meet the accessibility standards established by the Board. The Board does not enforce the Americans with Disabilities Act (ADA).

The Board conducts hearings on complaints and requests for variances from regulations that govern construction and renovation of public and private buildings. It has jurisdiction over new construction and renovation. Each year, the Board fields 250 complaints and most are handled administratively. In addition, 220-300 variance applications are responded to annually, which comprise most of the hearings held by the Board.

Line Item	Description	Agency	FY01	FY02	FY03	FY04	FY05	H1 for FY06
8000-0500	Architectural Access Board.	Off.of Pub. Safety&Hm.Sec.	227,212	220,484	8311-1000	8311-1000	8311-1000	8311-1000

FY01-FY05 Impact

In FY03, AAB lost its own line item when it was moved to the Office of Public Safety and Homeland Security administration account along with the Board of Building Regulations and Standards. The account (line item 8311-1000) does not earmark a budget to either Board, but has been cut in total by $261,845 since FY03.

Also in FY03, AAB staff was cut in half-from 4 full-time equivalent staff (FTEs) to 2-through the early retirement initiative. Tom Hopkins, the former compliance officer, became the director while continuing to fulfill the duties of the compliance officer. Hopkins reports that the consolidation of AAB with the Office of Public Safety and Homeland Security is a logical move and is helping to improve communication with state inspectors and to improve trainings.

In FY04, $196,912 was cut from this administration account. However, AAB was able to backfill a .75 FTE compliance officer position. This brings its staff to 2.75 FTEs, still a reduction of 1.25 FTEs from FY02 levels.

For FY05, the administration account (line item 8311-1000) is funded at $1,023,359-another reduction greater than $64,000.

FY06 Needs

AAB has requested that the compliance officer position be full time and that they backfill a clerical position, bringing their staff back to the 4 FTEs level.

AAB also reports that the Office of Public Safety and Homeland Security will seeking to update regulations this year for a variety of areas, including the AAB. AAB supports making state regulations substantially equivalent to the ADA so that inspectors and designers can be governed by one standard. This change would also expand the Board's jurisdiction to employee-access spaces in addition to public-access areas.

Governor's H1 for FY06 Recommendations

H1 provides no specific earmark or separate line indicating a budget for the AAB. The Office of Public Safety and Homeland Security account that funds the AAB and the Board of Building Regulations and Standards is recommended for $1,280,533, an increase of $259,174 above FY05. Budget explanatory language indicates that the funds are "to hire staff and improve inspection services."