Legislative Mid-Summer Update 7/21/15

By David Mickenberg

  1. Choices for Care (CFC): CFC is Vermont’s long-term care (LTC) program for low-to moderate-income elders and adults with disabilities. It provides for both nursing home and home-and community-based care for those with financial and clinical needs for the same. The program has been very successful in giving Vermonters a choice as to where to receive services and in saving the state significant dollars.

Currently the administration is working on language that COVE got inserted into the budget requiring the Administration to examine the ongoing problem of delays in CFC eligibility determinations. They have reached out to the Long Term Care Ombudsman’s office to discuss the issue and will be engaged over the summer and fall to develop an action plan to eliminate the waiting times for eligibility determinations.

In addition, COVE will begin the process of pushing the Administration to start their study on reimbursement rates for LTC providers. We are hoping that this study will help shed light on the fact that LTC Home and Community Based Services (HCBS) providers have been chronically under-funded for years.

COVE and its partners will also engage with the Administration on the statutorily mandated assessment of needs for the LTC system, specifically the Choices for Care program. This assessment will help guide the best use of CFC savings in the upcoming budget adjustment process.

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  1. Low Income Home Energy Assistance Program (LIHEAP): The federal LIHEAP provides assistance paying for home heating for people of all ages, including many elders whose household income does not exceed 150 percent of the federal poverty level.

The administration’s recent announcement that there was a $21 million surplus is positive news for the LIHEAP program. As a result of the surplus there should now be money available to restore up to $5 million of the cut to LIHEAP that occurred in the FY 16 budget. There was language put into the budget which prioritized LIHEAP funding to ensure that Vermonters receiving LIHEAP will not see a reduction in their seasonal fuel benefit. COVE will continue to provide updates as to the status of this restoration of funds.

  1. Observation Status:

This is an important issue, as seniors are often put on such status instead of being admitted as inpatients, resulting in the hospital stay being covered differently and an inability to access important Medicare funds to be used for care following release from the hospital. COVE supported this bill.

The ultimate language that was put into the health care bill that passed both bodies included a study about providing similar notice to patients who have non-Medicare based insurance. COVE will continue to engage with its partners on this issue in an effort to broaden the scope of the important provision passed last session that was applied only to observation status for those utilizing Medicare.

  1. Vulnerable Adult Fatality Review Team: COVE and its partners have begun discussion of how to move this issue next session. This issue is in line with the other important protections of vulnerable adults for which COVE has strongly advocated over many years.
  1. H.25 Natural Burial Grounds: H.25 is a bill that would expand access to natural burial grounds in Vermont and allow a lower cost option for people who want to be buried in a natural setting. The bill was signed into law effective July 1, 2015. Here is a summary of the legislation: http://legislature.vermont.gov/assets/Documents/2016/Docs/ACTS/ACT024/ACT024%20Act%20Summary.pdf

EXPLANATION OF LEGISLATIVE JARGONESE:

Once a bill is signed into law, it becomes an act. Acts are numbered in the order in which the bills are signed each year. Act numbers start again at “1” each year, so if you are looking for an act by number, it is important to know the year in which it was signed into law.