FISCAL YEAR 2009 BUDGET SUMMARY ($000)
ACCOUNT FY2009
Conference		 FY2009
Vetoes		 FY2009
Overrides		 FY2009
GAA		 FY2009
Total
Spending
Department of Developmental Services Administration 73,864 0 0 73,864 72,684  
Community Programs for the Mentally Retarded 14,137 0 0 14,137 17,137  
Community and State Operated Residential Services 569,561 -600 600 569,561 568,184  
Residential Rate Increases 2,250 -250 0 2,000 2,000  
State-Operated Residential Supports for the Mentally Retarded 137,438 0 0 137,438 137,788  
Boulet Lawsuit - Residential Services for the Mentally Retarded 87,972 0 0 87,972 87,988  
Community Day and Work Programs for the Mentally Retarded 129,159 0 0 129,159 129,009  
Respite Family Supports for the Mentally Retarded 56,094 0 0 56,094 54,873  
Autism Division 6,264 -1,000 1,000 6,264 3,860  
Turning 22 Program and Services 7,700 0 0 7,700 7,700  
State Facilities for the Mentally Retarded 188,297 -752 0 187,546 182,989  
Templeton Developmental Center Farm Product Sales Retained Revenue 150 0 0 150 150  
TOTAL    1,272,888 -2,602 1,600 1,271,886 1,264,363  

Hide line item language

account description amount
DEPARTMENT OF DEVELOPMENTAL SERVICES 1,264,362,905
Budgetary Direct Appropriations 1,264,362,905
Direct Appropriations
5911-1003 Department of Developmental Services Administration
For the administration and operations of the department of mental retardation; provided, that the department shall not charge user fees for transportation or community day services; provided further, that the department shall not charge fees for eligibility determination for services provided by the department or for applications of requests for transfer of guardianship; provided further, that notwithstanding any general or special law to the contrary, in fiscal year 2009 the comptroller shall transfer from the department of mental retardation trust fund established under section 2RRR of chapter 29 of the General Laws an amount sufficient to reflect the costs of the assessment on public facilities collected under section 27 of chapter 118G of the General Laws and an amount sufficient to fund rate increases for services provided to MassHealth members by nonpublic intermediate care facilities and community-based residences; provided further, the comptroller shall transfer the federal financial participation received as a result of expenditures funded by the assessments to an account established for the department of mental retardation to administer for the purposes described above; provided further, that the assessments shall not be collected and the expenditures shall not be authorized until the department of mental retardation and the executive office of health and human services certify the receipt of federal approval of any home and community-based waiver amendments and related Title XIX state plan amendments, if required 		72,684,106
5911-2000 Community Programs for the Mentally Retarded
For transportation costs associated with the adult services program; provided, that the department shall provide transportation on the basis of priority of need as determined by the department 		17,137,324
5920-2000 Community and State Operated Residential Services
For vendor-operated, community-based, residential adult services, including intensive individual supports; provided, that $13,145,837 shall be expended in annualized funding for turning 22 clients who began receiving the services in fiscal year 2008 pursuant to item 5920-5000 of section 2 of chapter 61 of the acts of 2007; provided further, that the commissioner of the department of mental retardation shall transfer funds from this item to item 5920-2010, as necessary, pursuant to an allocation plan, which shall detail, by object class, the distribution of said funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means 15 days before any such transfer; provided further, that not more than $5,000,000 shall be transferred from this item in fiscal year 2009; provided further, that not less than $500,000 shall be expended for Best Buddies Massachusetts; provided further, that not less than $100,000 shall be expended for the Massachusetts Special Olympics; provided further, that not less than $100,000 shall be expended for services to the developmentally disabled provided by Grow Associates, Inc.; and provided further, that $50,000 shall be expended for Mass Citizens Advocacy 		568,183,701
5920-2006 Residential Rate Increases
For the implementation of a residential rate initiative; provided, that the department shall submit a report to the house and senate committees on ways and means not later than January 19, 2009, detailing the use of such funds to establish a rate system for vendor-operated residential services 		2,000,000
5920-2010 State-Operated Residential Supports for the Mentally Retarded
For state-operated, community-based, residential services for adults, including community-based health services; provided, that the department shall maximize federal reimbursement, whenever possible under federal regulation, for the direct and indirect costs of services provided by the employees funded in this item 		137,787,501
5920-2020 Boulet Lawsuit - Residential Services for the Mentally Retarded
For compliance with the terms of the settlement agreement, dated December 19, 2000, and entered into by the parties in Boulet v. Cellucci, Civil Action No. 99-CV-10617-DPW, filed in the United States District Court of Massachusetts in order to provide services to the clients of the department on the waiting list on July 14, 2000 		87,988,077
5920-2025 Community Day and Work Programs for the Mentally Retarded
For community-based day and work programs for adults and for $4,518,823 in annualized funding for turning 22 clients who began receiving services in fiscal year 2008 pursuant to item 5920-5000 of section 2 of chapter 61 of the acts of 2007; provided, that not less than $200,000 shall be expended on a contract with Work, Inc. for enhanced or expanded services and employment opportunities for citizens with disabilities; and provided further, that not less $100,000 shall be expended Life Focus Center in the Charlestown neighborhood of the city of Boston 		129,009,457
5920-3000 Respite Family Supports for the Mentally Retarded
For respite services and intensive family supports; provided, that the department shall pursue the highest rates of federal reimbursement possible for such services; provided further, that not more than $50,000 shall be expended for the Friendship Home project in Norwell; and provided further, that not less than $50,000 shall be expended for the Advocacy Resource Center in New Bedford to provide critical family support services in the area of community-based resident education for special needs children 		54,873,085
5920-3010 Autism Division
For contracted support services for families with autistic children through the autism division at the department of mental retardation; provided, that not less than $4,000,000 $3,000,000shall be expended for the purposes of providing services under the children's autism Medicaid waiver application submitted pursuant to chapter 107 of the acts of 2005 to be contingent upon the maximization of federal reimbursement for waiver services funded by the commonwealth; provided further, that at a minimum, this waiver shall include children with autism spectrum disorder ages 0 to 8, inclusive, including children with autism spectrum disorder ages 0 to 3, inclusive, receiving services through the department of public health's early intervention program; provided further, that the income eligibility for the waiver shall not be any lower than MassHealth standard income eligibility for children; provided further, that the department shall take all steps necessary to ensure that eligible children with autism immediately begin to receive services pursuant to such waiver; provided further, that the department shall immediately file any waiver amendments necessary to comply with the requirements of this item with the Centers for Medicare and Medicaid services; provided further, that the department shall report to the house and senate committees on ways and means, the joint committee on education and the joint committee on children, families and persons with disabilities on the number of contracted support services provided for families with autistic children under this item and the costs associated with such services, not later than January 2, 2009, including but not limited to, a report on the implementation of the children's autism Medicaid waiver program pursuant to chapter 107 of the acts of 2005, with information regarding the number of children enrolled in the waiver and receiving services, linguistic and cultural diversity, age, gender, and geographic representation of the applicants and the children enrolled in the program, department plans to continue to assess the demand for waiver services, any executive office of health and human services plans to expand the waiver for children on the autism spectrum of all ages in the future, and any other information determined relevant by the department; provided further, that the department shall submit copies of any amended waiver to the house and senate committees on ways and means, the joint committee on education and the joint committee on children, families and persons with disabilities upon submission of the amendment; provided further, that not less than $200,000 shall be expended for the purposes of a contract with Melmark New England, Inc. to provide training and support to families, educational collaboratives and public school districts on methods for coping with behavioral challenges associated with children who have autism spectrum disorders; provided further, that not less than $200,000 shall be expended for the purposes of a contract with the New England Center for Children, Inc. to provide training and support to public school districts and families for the establishment of in district partner classrooms to serve children with autism spectrum disorders; provided further, that $100,000 be allocated to the Asperger's Association of New England to provide support services to individuals with high functioning autism or Asperger's syndrome; provided further, that not less than $75,000 shall be expended for Youth Enhanced Services Non-profit; and provided further, that not less than $30,000 shall be allocated to Whole Children, Inc. of Hadley
 3,860,244
5920-5000 Turning 22 Program and Services
For services to clients of the department who turn 22 years of age during state fiscal year 2009; provided, that the amount appropriated under this item shall not annualize to more than $17,664,660 in fiscal year 2010; and provided further, that the department shall report to the house and senate committees on ways and means not later than January 2, 2009 on the use of any funds encumbered or expended from this item including, but not limited to, the number of clients served in each region and the types of services purchased in each region 		7,700,000
5930-1000 State Facilities for the Mentally Retarded
For the operation of facilities for the mentally retarded, including the maintenance and operation of the Glavin Regional Center; provided, that in order to comply with the provisions of the Olmstead decision and to enhance care within available resources to clients served by the department, the department shall take steps to consolidate or close intermittent care facilities for the mentally retarded, in this item called ICF/MRs, managed by the department and shall endeavor, within available resources, to discharge clients residing in the ICF/MRs to residential services in the community if the following criteria are met: a) the client is deemed clinically suited for a more integrated setting; b) community residential service capacity and resources available are sufficient to provide each client with an equal or improved level of service; and c) the cost to the commonwealth of serving the client in the community is less than or equal to the cost of serving the client in ICF/MRs; provided further, that any client transferred to another ICF/MR as the result of a facility closure shall receive a level of care that is equal to or better than the care that had been received at the closed ICF/MR; provided further, that the department shall report to the joint committee on children, families and persons with disabilities and the house and senate committees on ways and means on the progress of this initiative by December 1, 2008, including both past actions and proposed future actions; provided further, that the department may allocate funds from this item to items 5920-2000, 5920-2010, and 5920-2025, as necessary, under allocation plans submitted to the house and senate committees on ways and means 30 days before any transfer, for residential and day services for clients formerly receiving inpatient care at ICF/MRs; and provided further, that the department shall maximize federal reimbursement, whenever possible under federal regulation, for the direct and indirect costs of services provided by the employees funded in this item 		182,989,410

account description amount
Retained Revenues
5982-1000 Templeton Developmental Center Farm Product Sales Retained Revenue
For the department of mental retardation; provided, that the department may expend not more than $150,000 accrued through the sale of milk and other farm-related and forestry products at the Templeton Developmental Center for program costs of the center, including supplies, equipment and maintenance of the facility; provided, that notwithstanding any general or special law to the contrary and for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system 		150,000

account description amount
Intragovernmental Service Spending 10,000,000
5948-0012 Chargeback for Special Education Alternatives for Mentally Retarded Children
For a program providing alternatives to residential placements for children with mental retardation, including the costs of intensive home-based supports, provided in item 7061-0012 of section 2
                Intragovernmental Service Fund ............... 100%
10,000,000