Montana Centers for Independent Living

Independent Living is a philosophy and a movement of people who work to achieve the right of self-determination, equal opportunity and self-respect for all people with disabilities.

Independent Living means being in control of our own lives, taking responsibility for our own actions, being able to take risks, and having the right to either fail or succeed on our own terms. It means participating in community life and pursuing activities based entirely upon self-determined interests and preferences.

All people, including people with disabilities, want to grow up and live with our own families, go to our neighborhood schools, use the same busses as our neighbors, work in jobs that are in line with our education and interests while being fairly and competitively compensated, and be able to start and raise our own families.

IL Brochure | Priority Fact Sheets | Media Coverage | 2013 Legislative Efforts

Montana's four Centers for Independent Living

Living Independently for Today and Tomorrow
-- Billings, serving 18 Southeastern Montana Counties

Montana Independent Living Project
-- Helena, serving 14 Southwest Montana Counties

North Central Independent Living Services
-- Great Falls, serving 17 North Central and Eastern Montana Counties

Summit Independent Living Center
-- Missoula, serving 7 Western Montana Counties

Montana Centers for Independent Living are non-residential, consumer-controlled, community-based, private, non-profit organizations that provide individual and systems advocacy services by and for persons with all types of disabilities.

Montana Centers for Independent Living work with individuals with disabilities and their families to obtain the services they need to preserve their right to choose, to live, and to fully and equally participate in society.

Montana Centers for Independent Living serve as a strong voice on a wide range of national, state and local issues and work to assure physical, attitudinal, and programmatic access to housing, employment, transportation, communities, recreation, and health and social services.

2013 IL Legislative Brochure

Montana CILs Brochure

2013 IL Legislative Priorities Fact Sheets

Community First Choice Option
Personal Assistance Services Funding
Health Care for Health Care Workers
Medicaid Provider Rates

2013 IL Media Coverage from Legislative Session

Capitol Corner: Bill aims to end same-day voter registration -- Great Falls Tribune
Community First Choice a wise move -- Great Falls Tribune
Guest opinion: Provide better option for Montanans with disabilities -- Billing Gazette
Approve program to aid elderly, disabled -- Missoulian
Advocates for people with developmental disabilities urge closure of Boulder facility -- Helena Independent Record
Local option vote-by-mail draws criticism -- Helena Independent Record
Montana Senate panel rejects bill to downsize Montana Developmental Center -- Missoulian
Bill to downsize Montana Developmental Center 'blasted' to Senate -- Missoulian
Senate rejects Montana Developmental Center bill -- Helena Independent Record
Montana Developmental Center bill dies after resuscitation -- Helena Independent Record

2013 Independent Living Legislative Efforts

Bills Supported | Bills Opposed | Budget Bill

Bills Supported

SB 43: Revise laws relating to reports of alleged abuse at MT Development Center

Montana's Centers for Independent Living support SB 43 because SB 43 is about protecting the rights of individuals with disabilities who are under the care of the state by ensuring that all instances of alleged abuse are investigated by impartial parties and that the outcome of such investigations are appropriately handled and residents are protected. Further, SB 43 also ensures that any instances of alleged abuse are appropriately reported in a transparent manner and are distributed to the appropriate agencies as required by law including the mental disabilities Board of Visitors and the state protection and advocacy program for individuals with developmental disabilities.

SB 43 passed both chambers of the Legislature and the Governor let it become law without his signature on April 22, 2013.

SB 7: Revise Medicaid application process

Montana's Centers for Independent Living support SB 7 to revise the Medicaid application process because it would simplify the Medicaid application process by allowing the state to receive applications electronically and therefore, makes the application process easier to navigate. SB 7 would also allow Montana's Centers for Independent Living to better be able to assist consumers in the Medicaid application process.

SB 7 was tabled in the House Human Services Committee and died in the same committee on April 24, 2013.

HB 123: Revise developmental disability laws

Montana's Centers for Independent Living support HB 123, a bill that would revise language within developmental disability laws replacing the term "mental retardation" with the term "intellectual disability." Montana's Centers for Independent Living believe this change within state statutes reflects the philosophy of independent living by removing disrespectful language from our laws and inserting people first language.

HB 123 passed both chambers of the Legislature and was signed into law by the Governor on March 18, 2013.

HB 12: Appropriate funds for provider payments

Montana's Centers for Independent Living support HB 12, a bill that would appropriate funds to service provider agencies that contract with the Department of Public Health and Human Services to provide Medicaid and other essential services in order to make up for the 2% rate increase that the 2009 legislature approved but that was lost during the governor's budget cuts of 2010.

HB 12 passed both chambers of the Legislature but was vetoed by the Governor on May 6, 2013. A veto override vote has been mailed to all of the legislators and the results are still pending.

SB 101: Revise qualifications to obtain permit to hunt from vehicle

SB 101 is a bill that would revise the qualifications to obtain a permit to hunt from a vehicle. SB 101 would return the permit to hunt from a vehicle back to its original intent in order to benefit hunters with significant disabilities and makes the eligibility criteria for such a permit objective and easier for medical professionals to measure and certify. Montana's Centers for Independent Living support SB 101 in order to bring integrity back into the permit to hunt from a vehicle system.

SB 101 passed both chambers of the Legislature and was transmitted to the Governor. However, the legislative website does not indicate whether or not the Governor signed, let it become law without his signature, or vetoed the bill.

HB 241: Require DPHHS to provide Medicaid recipients with an explanation of benefits

HB 241 is a bill that would require the Department of Public Health and Human Services to provide Medicaid recipients with an explanation of benefits for services that the Medicaid recipient receives and which are paid for by the Medicaid program. Montana's Centers for Independent Living support HB 241 because it provides consumers with important information about their health care services as well as give them an opportunity to dispute any services which have been charged which may have not been rendered.

HB 241 was tabled by the House Appropriations Committee on February 22, 2013.

HB 238: Consider housing needs in discharge plans from mental health facilities

HB 238 works to help ensure that housing options are taken into consideration when an individual is being discharged from a mental health facility into the community. Montana's Centers for Independent Living support HB 238 because a lack of housing options is often the biggest barrier in the transition process when an individual transitions from an institutional placement, whether it be a nursing facility, mental health institution, or other long-term care facility, into the community. It is the goal and independent living for individuals to receive service in the most integrated setting possible and in most instances that setting is in the community.

HB 238 was tabled in the House Human Services Committee on February 8, 2013.

HB 219: Require policies to discourage bullying in schools

HB 219 is a bill that would require schools to develop policies designed to deter persistent threatening, insulting, or demeaning gestures or physical conduct, including an intentional written, verbal, or electronic communication or threat directed against a student or students regardless of the underlying reason for the conduct. Montana's Centers for Independent Living support HB 219 because students with disabilities are at greater risk of being bullied/abused by their peers than the general student population at large.

This bill was not heard during the Legislature as the Board of Education has adopted rules to require school districts to develop policies aimed at deterring bullying, therefore, this bill was not needed and was tabled in the House Education Committee on February 5, 2013.

HB 316: Revise fuel tax revenue to fund local public transportation

HB 316 is a bill that would increase the gasoline license tax by two cents per gallon in order to help fund road maintenance and public transportation services throughout the state. Montana's Centers for Independent Living support HB 316 because there is a lack of available, accessible public transportation throughout much of Montana. Considering that most individuals with disabilities do not drive themselves, public transportation services can be a vital component to ensuring that individuals with disabilities are able to access their communities, obtain gainful employment, go to school, as well as visit friends, family, and overall, be able to travel as independently as possible.

HB 316 failed on an 11-9 vote and was tabled in the House Taxation Committee on February 19, 2013.

SB 112: Establish youth concussion protection laws

SB 112 is a bill that is aimed at protecting youth athletes from serious injury by requiring each school district to develop policies addressing the dangers of concussions and to develop procedures to inform athletic trainers, coaches, officials, youth athletes, and parents or guardians of the nature and risk of brain injuries, including the effects of continuing to play after a concussion. Montana’s Centers for Independent Living support SB 112 in order to protect youth from acquiring brain injuries or other lasting effects of repeated concussions.

SB 112 passed both chambers of the Legislature and was signed into law by the Governor on April 22, 2013.

SB 254: Plan for closure of Montana Developmental Center

SB 254 is a bill that would appoint a temporary transition planning committee to develop a plan to close the Montana Developmental Center in Boulder. The bill would require the Department of Public Health and Human Services by moving residents into community-based facilities and services while ensuring that consumers are provided services and communities are Sake.

Living Independently for Today and Tomorrow, North-Central Independent Living Services, and Summit Independent Living Center support HB 254 to close the Montana developmental Center on the basis that the history of the treatment of people with developmental disabilities in the United States, as well as in Montana, is shameful. Even as recently as 25 years ago, families with children with developmental disabilities were told by healthcare providers that it would be best for the family of that child was taken from them and lived in an institution for their whole lives. This poor families apart and left these children to live isolated and alone.

As independent living centers, we believe that we have the moral obligation to fight for the civil rights of individuals with all types of disabilities and to advocate the all individuals with disabilities are able to receive services in the least restrictive environment possible. There is a law, the ADA, passed in 1990, which guarantees people with disabilities the right to receive services in the least restrictive setting possible, which is the community. The civil rights of people with disabilities stated in the ADA were affirmed by the US Supreme Court's Olmstead decision. The Montana Developmental Center does not meet the least restrictive environment requirement that the ADA spells out for a majority of its residents.

SB 254 missed the deadline for revenue bill transmittal and died in process on April 24, 2013.

HB 430: Revise laws relating to the designation of agent to assist elector

Montana's Centers for Independent Living support HB 430, a bill that would revise election laws to allow an individual with a disability to use an agent as a reasonable accommodation for providing assistance throughout the registration and voting process. Many voters with disabilities already use agents a reasonable accommodation and this bill just clarifies that the use of such reasonable accommodations is reflected in statute.

HB 430 was tabled in the House State Administration Committee on February 21, 2013.

HB 498: Generally revise state issue identification requirements

Montana's Centers for Independent Living support HB 498, a bill that would extend the expiration date of a state issued identification card to eight years instead of its current four years for individuals who are 21 years of age or older. Currently, driver's licenses are valid for eight years and state issued identification cards are only valid for four years. This bill would allow that state issued identification cards are valid for at least as long as drivers licenses are. Since many individuals with disabilities do not drive and instead have state issued identification cards instead of drivers licenses, Montana's Centers for Independent Living feel that extending the amount of time that state issued identification cards are valid to match that of drivers licenses is only fair.

HB 498 passed both chambers of the Legislature and was signed into law by the Governor on April 26, 2013.

SB 10: Provide for licensure and regulation of mental health peer support specialists

SB 10 is a bill that would provide for the regulation and licensure of mental health peer support specialists. Montana's Centers for Independent Living support SB 10 in order to ensure that mental health peer support specialists are qualified individuals who have obtained a set standard of qualifications, education, training, and experience to effectively and appropriately meet the needs of the individuals they are serving.

SB 10 failed on a tie vote in the Senate Business, Labor, and Economic Affairs Committee on February 25, 2013 and missed the deadline for general bill transmittal.

HB 585: Revise rental car tax

Montana's Centers for Independent Living support HB 585, a bill that would revise the funding source for the senior and disability transportation services account (TransAID). Instead of the account being funded by an motor vehicle registration fees, HB 585 would increase the tax for rental vehicles by 2% and use that funding to fund senior in disability transportation services. This funding source is projected to raise about $1.2 million annually for TransAID services.

HB 585 was tabled in the House Transportation Committee on March 25, 2013 and missed the deadline for revenue bill transmittal.

HB 4: Appropriations by budget amendment

Montana's Centers for Independent Living support HB 4, a bill that includes appropriation budget amendments for state agencies who receive federal funds as it contains language that will allow for the Department of Public Health and Human Services to implement the Money Follows the Person grant program.

HB 4 passed both chambers of the Legislature and was signed into law by the Governor on April 25, 2013.

HB 590: Implement the Access Health Montana Program

Medicaid Expansion is vitally important to people with disabilities. Based on data from the 2010 American Community Survey for people under 65 years old, 13.7% of non-elderly community residents with family incomes under 138% FPL have disabilities, compared to 6.7% of those with incomes above that level. So the disability rate among poor or near-poor Americans is more than twice that of those with higher incomes.

For people with disabilities on SSI, they already receive Medicaid. Also, in many States that provide Medicaid Waivers for community-based services for people with disabilities, the income eligibility levels are above SSI.

However, there are a LOT of people with disabilities in every state who are neither on SSI nor on a Waiver and who do not have any health coverage for basic health care doctors, prescriptions, and hospitalizations. These are the people with disabilities for whom Medicaid Expansion is critical and why Montana's Centers for Independent Living support HB 590.

HB 590 was tabled in the House Human Services Committee on March 28, 2013 and a motion to bring the bill to the House floor failed causing the bill to miss the deadline for revenue bill transmittal.

HB 597: Motor vehicle registration fee waiver for certain disabled persons

HB 597 is a bill that would allow individuals who are disabled and receiving Social Security disability benefits or supplemental security income to receive a 50% discount on motor vehicle registration fees. Montana’s Centers for Independent Living support HB 597 given the poor economic circumstances of individuals living on Supplemental Security Income and Social Security disability. Depending on either of these sources for income puts individuals well below the poverty threshold and being able to afford motor vehicle registration fees is often not feasible for these individuals.

HB 597 was tabled in the House Transportation Committee on March 25, 2013.

SB 395: Revise health care laws to expand Medicaid and improve health care delivery

Medicaid Expansion is vitally important to people with disabilities. Based on data from the 2010 American Community Survey for people under 65 years old, 13.7% of non-elderly community residents with family incomes under 138% FPL have disabilities, compared to 6.7% of those with incomes above that level. So the disability rate among poor or near-poor Americans is more than twice that of those with higher incomes.

For people with disabilities on SSI, they already receive Medicaid. Also, in many States that provide Medicaid Waivers for community-based services for people with disabilities, the income eligibility levels are above SSI.

However, there are a LOT of people with disabilities in every state who are neither on SSI nor on a Waiver and who do not have any health coverage for basic health care doctors, prescriptions, and hospitalizations. These are the people with disabilities for whom Medicaid Expansion is critical and why Montana's Centers for Independent Living support SB 395.

SB 395 passed the Senate but was not able to be heard on the House floor and died in the House Human Services Committee on April 17, 2013.

Bills Opposed

HB 30: Revise late registration laws

Montana's Centers for Independent Living oppose HB 30 because it would eliminate same day voter registration and thereby, unnecessarily restrict individuals access to voting. Democracy works best when a majority of the electorate is able to exercise their right to vote. Eliminating same-day voter registration would be denying individuals who have every right to cast their ballot as citizens of this great country from exercising their constitutional right to do so. Voters with disabilities would be among those who would be disproportionately affected by the elimination of same-day voter registration.

Montana's Centers for Independent Living believe that same day voter registration has served the state of Montana well throughout the years and increased voter turnout. Eliminating same day voter registration would make it harder for individuals to vote and would likely decrease voter turn out.

HB 30 passed both chambers of the Legislature but was vetoed by the Governor on April 22, 2013.

HB 108: Revise registration and proof of identity requirements for voting

Montana's Centers for Independent Living oppose HB 108 because it would disproportionately affect individuals with disabilities and make a harder for individuals to be able to vote. HB 108 would restrict the types of identification that can be used for an individual to identify themselves to a current Montana drivers license, a current Montana photo ID card, or a tribal issued photo ID card. Many individuals with disabilities throughout Montana do not have drivers licenses or another state issued form of identification for a variety of reasons. Whether individuals are not able to access transportation in order to go to a DMV office to acquire such an identification card or because they are unable to afford an identification card on their limited budgets.

Montana's Centers for Independent Living believe that the current system already in place for voters to accurately identify themselves works well and that the passage of HB 108 would not help to deter or detect fraud, if any such fraud exists, any better than the methods already in place do.

HB 108 was tabled in the House State Administration Committee on January 25, 2013.

HB 428: Revise election laws to allow for mail ballots for all elections

Montana's Centers for Independent Living oppose HB 428 as it does not provide for adequate protections for assurances of the right to a private ballot for individuals with disabilities. When AutoMark voting machines were introduced in Montana it was the first time that many people with disabilities were able to cast a private ballot. If HB 428 is enacted in its current form, the access that individuals with disabilities currently have to AutoMark machines would be severely diminished. Currently every polling place throughout the state is required to have an AutoMark machine. With HB 428, a County could eliminate all polling places within its boundaries and opt to have only one place of deposit where an AutoMark machine would be available. Often times this would be the county seat where the county elections office is located, which for individuals with disabilities living outside of the county seat, sometimes hundreds of miles away, would mean they would have to travel there just to be able to exercise their right to a private ballot.

The mail balloting bill from the 2011 session would have put in place many protections to ensure that individuals with disabilities would still have access to AutoMark machines in order to be able to cast a private ballot, something that many take for granted but that many individuals with disabilities have never had the opportunity to do before AutoMark machines became available...HB 428 contains none of those protections.

HB 428 was tabled in the House State Administration Committee on February 21, 2013.

SB 405: Referendum to revise close of late voter registration

Montana's Centers for Independent Living oppose SB 405 because it would eliminate same day voter registration and thereby, unnecessarily restrict individuals access to voting. Democracy works best when a majority of the electorate is able to exercise their right to vote. Eliminating same-day voter registration would be denying individuals who have every right to cast their ballot as citizens of this great country from exercising their constitutional right to do so. Voters with disabilities would be among those who would be disproportionately affected by the elimination of same-day voter registration.

Montana's Centers for Independent Living believe that same day voter registration has served the state of Montana well throughout the years and increased voter turnout. Eliminating same day voter registration would make it harder for individuals to vote and would likely decrease voter turn out.

SB 405 passed both chambers of the Legislature and will likely appear on the 2014 general election ballot unless there is a judicial decision not to place it on the ballot.

HB 2: General Appropriations Act

Budget Items Supported in HB 2

Passing NP 22222 to allow the state to implement the Community First Choice Option.
- The Community First Choice Option would enhance the current personal assistance program and provide the state with an ongoing 6% increase in federal matching funds at no additional cost to the state. The Community First Choice Option will also make the personal assistance program more transparent and accountable while giving individuals who receive such services more of a say in how their services are delivered.
  - NP 22222 was approved by the Joint Appropriations Subcommittee on Health and Human Services on February 21, 2013.
Passing NP 22902 to increase the provider rates for home and community-based services.
- Providers of Medicaid funded services have not had a rate increase since the 2009 legislature and are currently operating on 2009 funding levels. Providers need this rate increase to keep up with the rising costs of conducting business so that they can continue to provide services to individuals with disabilities and older adults.
  - A 2% provider rate increase was approved by the Joint Appropriations Subcommittee on Health and Human Services on February 21, 2013.
Passing NP 22903 to increase the provider rates for home and community-based waiver services.
- Providers of Medicaid funded waiver services have not had a rate increase since the 2009 legislature and are currently operating on 2009 funding levels. Providers need this rate increase to keep up with the rising costs of conducting business so that they can continue to provide services to individuals with disabilities and older adults.
  - A 2% provider rate increase was approved by the Joint Appropriations Subcommittee on Health and Human Services on February 21, 2013.
Passing PL 22207 to ensure that direct care workers will remain to have access to the Health Care for Health Care Workers program.
- This funding is needed to help ensure that direct care workers, such as personal assistants, will continue to have access to affordable health insurance. Having access to affordable health insurance will help to ensure that the direct care worker profession remains attractive to potential workers as well as to help reduce worker turnover.
  - This funding package was approved by the Joint Appropriations Subcommittee on Health and Human Services on January 28, 2013.
Passing PL 22205 to an annualized the Medicaid waiver services for individuals who have transitioned from nursing facilities into home and community-based waiver placements.
- This funding is needed to help ensure that individuals who have transitioned out of nursing facilities into home and community-based settings will be able to remain living in a home and community-based setting rather than having to retire to a nursing home or other nursing facility.
  - This funding package was approved by the Joint Appropriations Subcommittee on Health and Human Services on January 28, 2013.
Passing NP 1901 to increase provider rates for Extended Employment, Independent Living, and Vocational Rehabilitation providers.
- Providers of Extended Employment, Independent Living, and Vocational Rehabilitation services have not had a rate increase since the 2009 legislature and are currently operating on 2009 funding levels. Providers need this rate increase to keep up with the rising costs of conducting business so that they can continue to provide services to individuals with disabilities and older adults.
  - A 2% provider rate increase was approved by the Joint Appropriations Subcommittee on Health and Human Services on February 21, 2013.
Passing NP 22101 to support existing aging programs and grants administered by the Area Agencies on Aging.
- This funding package is proposed as one time only funding. Montana's Centers for Independent Living urge the legislature to remove the one time only designation of this funding package and approve it as an ongoing funding appropriation. This funding has been appropriated as one time only for several consecutive legislative sessions and has become an integral part of the aging service budget, now is the time to ensure these funds are secured for the long term.
  - This funding package was approved by the Joint Appropriations Subcommittee on Health and Human Services on January 28, 2013 and the one-time-only designation was removed so this funding will be added to the base funding for aging programs.
The Joint Appropriations Subcommittee on Health and Human Services approved an amendment on January 28, 2013 to continue to fund meal preparation services at their current levels extending beyond July 1, 2013.
The Joint Appropriations Subcommittee on Health and Human Services approved an amendment on January 28, 2013 to appropriate funding for 50 new Medicaid Waiver slots in the Senior and Long-Term Care Division.
The Joint Appropriations Subcommittee on Health and Human Services approved an amendment on January 28, 2013 to appropriate funding to continue the direct care wage increase that the 2011 Legislature approved.
The Joint Appropriations Subcommittee on Health and Human Services approved an amendment on February 21, 2013 to appropriate $400,000 in one-time-only funds over the biennium to provide short term housing assistance for persons transitioning to community services from Medicaid facility based care under Money Follows the Person grant funding.
The Senate Finance and Claims Committee approved an amendment on April 5, 2013 to add $1,524,213 over the biennium to the SLTC Home and Community-Based Services Medicaid Waiver program to partially restore service reductions that began to be implemented in March 2013.