Moving forward, vol. 8, no. 11 (2003 March 28)

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Volume 8, Issue 11

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March 28, 2003

Legislators voted 166-3 in favor of passage of House Bill 526, which allows for the collection of a nursing home provider fee from owners. This 6 percent fee would be sent to a special account within the Indigent Care Trust Fund where it could be used to draw down federal matching dollars. Because the federal match share is greater than the state's required match, the federal money could then be used to reimburse providers for their fees, and the leftover cash could be used to offset budget funding shortfalls for the state's nursing home industry.
The 6 percent fee is expected to raise approximately $91 million, which would draw down some $227 million in federal matching funds. The net effects of HB 526 would therefore be an extra $136 million sent back to Georgia's nursing homes.
A bill must pass at least one chamber by the 33rd day to be remain active, and Thursday was be the 29th legislative day of the 40day session.
Legislation Tracker
HB 34: Education; students committing certain acts of physical violence; disciplinary tribunal Sponsor: Greene-Johnson, 60th Status: Filed
HB 81: Teachers; rights for continued employment; restore Sponsors: Lucas 105th district, Cummings 19th, Hugley 113th, Greene 134th, Reece 11th, Jordan 83rd. Status: House passed; now moves to Senate Education Committee
HB 130: Georgia Health Care Act Sponsors: Holmes 48th, Orrock 51st Status: Referred to Appropriations Committee

HB 211: Assistance dogs; interfering with, assaulting, killing; penalties Sponsors: Rice 64th, Millar 52nd, Dix 70th, Sholar 141st, Jenkins 93rd Status: Referred to Special Judiciary Committee
HB 256: Industries for the Blind; manufactured products; purchase by state employs; exception Sponsors: Broome 141st, Sholar 141st, Skipper 116th, Westmoreland 86th, Drenner 57th, Lunsford 85th Status: House Committee favorably reported
HB 295: Education; deaf students; certification of interpreters Sponsors: Butler 88th, Smith 76th, Thompson 69th, Burmeister 96th, Bordeaux 125th Status: Referred to Education Committee
HB 318: Adult Day Center Licensure Act; enact Sponsors: McClinton 59th, Howard 98th, Ashe 42nd, Mobley 58th, Sinkfield 50th, Maddox 59th Status: Referred to Human Relations and Aging Committee
HB 357: Certain deaths; persons in compensated care; notify coroner Sponsor: Howard 98th Status: Referred to Human Relations and Aging Committee
HB 363: Electronic Textbooks; make available to local boards, schools, and students Sponsors: Fludd 48th, Greene-Johnson 60th, Marin 66th, Floyd 69th, Holmes 48th Status: Referred to Education Committee
HB 428: Intellectually Disabled Health and Fitness Program Fund; establish; special license plates Sponsors: Borders 142nd, O'Neal 117th, McBee 74th, Jenkins 93rd, Stephens 123rd Status: Referred to Motor Vehicles Committee
HB 515: Education accountability; comprehensive revision of provisions Sponsors: Richardson 26th, O'Neal 117th, Coleman 65th Status: Read and referred to Education Committee
HB 516: Education flexibility and accountability; comprehensive revision of provisions Sponsors: Richardson 26th, O'Neal 117th, Coleman 65th Status: Read and referred to Education Committee

HB 526: Nursing Home Provider Fee Act; enact Sponsors: Channell 77th, Shaw 143rd, Buck 112th Status: House passed; immediately transmitted to Senate
HB 583: Students; certain acts of physical violence; disciplinary tribunal Sponsors: Greene-Johnson 60th, Reece 11th, Mangham 62nd, Thomas 43rd, Stephens, 124th Status: Read and referred to the Education Committee
HB 701: Independence Plus Act; enact Sponsors: Gardner 42nd, Manning 32nd, Childers 13th Status: Referred to House Human Relations & Aging Committee
HR 225: Intellectually disabled health and fitness program; special plates Sponsors: Borders 142nd, O'Neal 117th, McBee 74th, Jenkins 93rd, Stephens 123rd Status: Appropriations Committee
SB 12: Criminal Offenses and Penalties for Abuse, Neglect, and Exploitation of Disabled Adults and Elder Persons Sponsor: Unterman 45th, Balfour 9th, Squires 5th Status: Passed the Senate; now in House Special Judiciary Committee
SB 50: Health Insurers; Consumer Choice of Benefits Health Plan Act Sponsors: Seabaugh 28th, Golden 8th, Price 56th, Moody 27th, Mullis 53rd, Williams 19th Status: Referred to Insurance and Labor Committee
SB 53: GA Fair Lending Act; amend provisions Sponsors: Cheeks 23rd, Starr 44th, Crotts 17th Status: Governor signed; bill becomes law
SB 111: Death Investigations; patients receiving compensated care in facilities licensed by DHR Sponsors: Tanksley 32nd, Unterman 45th Status: Referred to Judiciary Committee
SB 170: Long-term care services; in-home and community based care; consumer choice and control; Independence Plus Act Sponsors: Jackson 50th, Dean 31st, Zamarripa 36th, Gillis 20th, Starr 44th, Thomas 2nd , Kemp 3rd, Blitch 7th, Hill 4th, Brown 26th, Hooks 14th, Meyer von Bremen 12th, Johnson 1st, Levitan 40th Status: Referred to Health and Human Services Committee

SB 185: Natural Gas; discontinuing service to persons age 65 or disabled; prohibit during winter heating season Sponsor: Thomas 2nd Status: Read and Referred to Senate
SB 248: Student Achievement, Office of; create; comprehensive revisions regarding education accountability Sponsors: Brush 24th, Lee 29th, Stephens 51st Status: Education Committee passed; moves to the House
SB 249: Student Achievement, Office of; powers , duties, and responsibilities; flexibility and accountability Sponsors: Brush 24th, Lee 29th, Stephens 51st Status: Education Committee passed; moves to House
SR 146: Educational Testing, Study Committee on; create Sponsor: Seabaugh 28th Status: Education Committee favorably reported
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View any bill in its entirety at http://www.legis.state.ga.us/legis/2003_04/leg/legislation.htm
Budget Overview
With the Fiscal Year 2003 Budget completed, committees passed the FY'04 budget to the Green Door (Budget) Committee. However, it cannot move forward until the revenue shortage is resolved. Proposed increased taxes on homesteads and alcohol were withdrawn. The bill to increase tobacco taxes was soundly defeated on Wednesday. The tax would have generated new revenue to address Georgia's nearly $1 billion budget shortfall.
FY 2003 Supplemental Budget
Department of Community Health (DCH)
Increase contributions from Medicaid governmental participants by utilizing upper payment limit (UPL) credits to obtain federal matching funds $1,498,982,995
Transfer children with disabilities who live in private nursing facilities to

community based settings in compliance with Olmstead $40,489
Department of Education (DOE)
Reduction in funding for certain non-QBE formula grants by 3% ($5,853,416) and pupil transportation by 3% (5,026,553); also reducing funding for student testing ($429,514) $11,309,483
Reduction in Quality Basic Education formula grants by 2.1 % (correction to the mid-term adjustment line) $134,594,245
Austerity adjustment to non-QBE formula programs $18,378,955
Reduction in funding for Vocational Education High School Program for the Extended Day salaries to reflect actual FY02 expenditures $5,090,483
Department of Human Resources (DHR)
Total DHR Austerity adjustment ($4,500,000) Austerity Adjustments for MHDDAD($3,100,000)
Consolidation of Augusta Regional Hospital and Gracewood administration (250,000)
Refinance administrative costs with Federal Social Service Block Grant funds
(462,500)
One-time hiring freeze of state office and hospital staff (1,454,837)
One-time increase in federal Medicaid reimbursement for services from state intermediate care facilities for people with mental retardation $ 2,559,775
The items below reflect redirected funds, not new state enhancements. The Conference Committee, composed of both House and Senate members, voted yes to the following regarding Compliance with Olmstead.

Transfer 11 children from nursing homes to community $222, 692

Transition planning for people with DD or mental illness who want to move to community from institutions $170,000

Start-up costs for 65 children moving from institutions to community $585,000

Operation of 4 intensive supervision homes for 40 severely emotionally disturbed adolescents transitioning from state hospitals to the community (total funds) $1,228,591

Identify dedicated staff for the management, oversight and evaluation of the state's annual Olmstead work plan

Proposed DHR Austerity Cuts for FY 2004: MHDDAD

Convert 75% of state-funded DD family support slots to Medicaid

waiver slots

$586,767

Reduce Emory contract for Autism Resource Center $100,000

Reduce state-level reserve for autism support (these are funds

remaining from the closing of the Clayton Respite Home, and do not

reflect a loss in services.)

$35,924

Reduce room and board supplement for 1,362 consumers with Developmental disabilities by 30%
$2,039,731

Eliminate Marcus Institute fetal alcohol syndrome services $108,520

FY04 Proposed Cuts: DCH

DCH is proposing premiums between $0-458/month for the Katie Beckett waiver program based on the parents' income. DCH also proposed a 10% provider rate cut for all Medicaid waiver programs.

Category

Total State Reduction

Community Care (CCSP) 3,216,146 DHR state

Independent Care 789,160 Medicaid

Mental Retardation Waiver 5,351,951 DHR state

Waivered Home Care 214,458 Medicaid

DSPS

86,731 DHR state

Therapeutic Residential Services1,926,683 DHR state

SOURCE

312,200

MRWP (CHHS Waiver) 1,884,997 DHR state

FY04 Enhancements: DCH State Dollars

145 people to move from nursing home to community $3.2 million

Assessment of people to move to community $75,000

Primary care health costs for 15 people with mental illness to move from institutions to community $36,045

10 people off ICWP waiting list $220,369

FY04 Cuts: DHR State Dollars

The MHDDAD FY04 budget has been cut by $11 million existing state dollars. These are a summary of the cuts which appear to affect DD.

Consolidate administration at Augusta Regional and Gracewood

($813,417)

Reduce administration costs at CSBs

($2.6 million)

Cut MR state funds and replace with SSBG federal funds

($761,108)

Eliminate contract with Georgia Hearing Impaired ($50,000)

Austerity adjustments

($5.46 million)

Pay raise from last year not annualized for 2004 ($3.61 million)

Cut funding from Community Mental Health Centers/CSB's ($4.2 million)

FY04 Enhancements: DHR State Dollars

The only enhancements to DHR are for child welfare and Olmstead/Waiting Lists items. All enhancements are from projections for maximizing federal revenue through the ICF/MRs, ICFs and skilled nursing facilities. This is a short-term fix during a fiscal crisis, not a long-term solution.

Move 50 people from state hospitals to community $2.6 million

Move 15 people with mental illness from institutions to the community $432,898

Transition planning for moving the above 65 people $170,000

Add 2 state office positions to certify and monitor services

$148,644

Serve 50 people with DD from the short term waiting list

who need additional services

$949,031

FY04 Enhancements: Aging State Dollars

Move 84 people from nursing homes to CCSP $421,523.

Current Waiting Lists For Services Over 3,300 people are waiting for help, including: 3,142 Georgians with Mental Retardation or Developmental Disabilities 249 people with severe physical disabilities
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