Legislative Update 4/10/15

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. The biggest problem CFC has repeatedly encountered is how to use those savings - whether to reinvest the savings in an improved home and community based services program, as required by the Federal waiver, or to offset other pressures and priorities in the state budget.

The House passed its budget and now the Senate begins to take up the bill in earnest. The Choices for Care (CFC) program continues to be a topic of discussion to the members of both the Senate Health and Welfare Committee and the Senate Appropriations Committee. COVE has testified in favor of restoring the cuts in grants to Adult Days and case management in residential care. In addition, COVE testified to the need to put language in the budget examining the ongoing problem of delays in CFC eligibility determinations. With over 60% of Vermonters who apply for CFC services having to wait over 60 days to be found financially eligible for the program, we are concerned that such delays risk elders’ health and ability to continue to age in their homes. Finally, COVE is advocating for the funding of a long-term care (LTC) task force which would take a holistic view of the LTC needs in the state and make recommendations about ways to improve the system.

  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 Governor’s FY ’16 budget cut LIHEAP by $6 million from last year’s appropriation for FY ‘15. Despite COVE and other advocates’ efforts, the House Appropriations Committee, and the House as a whole, agreed to the cut, which would represent an 11% reduction in benefits for low-income households.

However, we were successful in amending the budget with language which said that if there were any funds left over from the FY 15 budget that those funds would be used to supplement LIHEAP.

COVE will continue to advocate for level funding of LIHEAP, a program which has been systematically reduced over the last 10 years.

  1. Adult Protective Services: APS investigates reports of abuse, neglect and exploitation of vulnerable adults. When reports are substantiated, APS can take steps to protect the victim and can put the perpetrator on the adult abuse registry to ensure that person cannot get another job working with vulnerable adults.

Recap: There are two bills that address concerns related to Adult Protective Services. H.112 makes it easier to investigate allegations of financial abuse of vulnerable adults, a concept that COVE has supported in the past. H.131 provides greater protections for abusers of vulnerable adults, including greater transparency about the nature of the charge, an attorney for the alleged abuser, and other protections.

Update: Neither bill has moved, and given that we are in the last 10 weeks of the session, it seems very unlikely either will move this year.

  1. Transportation: The transportation bill (H.488) with the proposed study of Elderly and Disabled (E&D) Transportation to which we referred in our March update has passed the House. The language on the study can be found in Section 13, page 12 of the bill at this link: http://legislature.vermont.gov/assets/Documents/2016/Docs/BILLS/H-0488/H-0488%20As%20Passed%20by%20the%20House%20Unofficial.pdf.
  1. S. 20 Dental Therapists (formerly called “Licensed Dental Practitioners,”: This bill would increase access to affordable oral health care for Vermonters of all ages by establishing and regulating a new member of the dental team, a mid-level “Dental Therapist.” S.20 went through three Senate Committees and passed the Senate with a strong final vote of 18 to 8. The Oral Health for All Coalition, of which COVE is a member of the leadership team, will now work to get the bill through the House. The Senate-passed version can be found at: http://legislature.vermont.gov/assets/Documents/2016/Docs/BILLS/S-0020/S-0020%20As%20Passed%20by%20the%20Senate%20Unofficial.pdf.
  1. Observation Status:

Recap: 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 their release from the hospital. COVE supports this bill.

Update: The provisions of S.5 are included in S. 139 (sections 3 and 4), the Senate Health and Welfare health care bill, which has passed Senate and is now in the House Health Care Committee. COVE will be working to move S. 139 throughout the rest of the session. The bill as passed by the Senate can be found at: http://legislature.vermont.gov/assets/Documents/2016/Docs/BILLS/S-0139/S-0139%20As%20Passed%20by%20the%20Senate%20Unofficial.pdf.

  1. H.46 Vulnerable Adult Fatality Review Team: The House Human Services Committee has not moved this bill to date. However, there is potential interest in the Senate on this issue, and COVE supports it, so we will continue to follow it.
  1. H.25 Natural Burial Grounds:

Recap: COVE has lobbied in support of H.25, 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 passed the House and is awaiting action in the Senate Economic Development, Housing and General Affairs Committee. The bill as passed by the House can be found at: http://legislature.vermont.gov/assets/Documents/2016/Docs/BILLS/H-0025/H-0025%20As%20Passed%20by%20the%20House%20Unofficial.pdf.

  1. H.187 Earned Time Off: The House General Committee took testimony over the last two weeks, including from COVE, about H.187, which would provide employees the ability to earn up to 5 days of time off. The bill will likely hit the House floor next week and prospects for passage are positive. Prospects for passage in the Senate this session are unknown. COVE will continue to advocate for H.187 and make sure that language that benefits elders remains in the bill. The latest draft of the bill (4/15/15 can be found at: http://legislature.vermont.gov/assets/Documents/2016/WorkGroups/House%20General/Bills/H.187/Drafts%20and%20Amendments/H.187~Damien%20Leonard~Draft%20No.%201.1,%204-15-2015~4-16-2015.pdf.

EXPLANATION OF LEGISLATIVE JARGONESE:

If you go to the bill links noted in this report and view a bill that has been amended, the crossed-off language has been deleted from the bill as introduced, and the underlined language has been added.