By David Mickenberg
- 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 House and Senate have passed their versions of the FY ’16 budgets, with mixed results for CFC. First, both versions eliminate funding for case management for Enhanced Residential Care (ERC) and a grant to adult day programs. COVE and its partners fought to keep that money, but the Administration continued their opposition to restoring it.
On a positive note, however, COVE worked to have language inserted in the budget requiring the Administration to examine the ongoing problem of delays in CFC eligibility determinations. With more than 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. We are hopeful that this important language will lead to an action plan to reduce the waiting times for eligibility determinations.
In addition, COVE succeeded in getting language included in S.135 (the Senate health care bill) that requires the Department of Disabilities, Aging and Independent Living (DDAIL) to examine the reimbursement rates for LTC providers. Initially the language did not include Home & Community Based Services (HCBS), but COVE was able to get those providers added. If this language is included in the final bill, it is a really important victory for the LTC HCBS providers because it will help shed light on the chronic under-funding of those providers. The bill is now pending action in the Senate Appropriations Committee.
The Senate and House conferees will now begin meeting to work out the differences in their budgets.
- 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’s and other advocates’ efforts, the House and Senate did not restore the funding. While the House had put in language which prioritized LIHEAP for receiving any FY 15 surplus funds, the Senate removed that language.
- Dietary Supplements: A proposal to tax dietary supplements surfaced again in the Senate revenue bill. COVE joined with its partners to oppose the proposal and Gini testified at a public hearing, highlighting the impacts of the proposal on elders. Ultimately, the Senate Finance Committee removed the provision and it seems unlikely to resurface this session.
- Transportation: The transportation bill (H.488) with the proposed study of the Elders and Persons with Disability (E&D) Transportation Program has now passed the Senate, with proposal of amendments (including changes in the study language) to the House version. The language on the study may be found in Section 13, page 12 of the House version at this link: http://legislature.vermont.gov/assets/Documents/2016/Docs/BILLS/H-0488/H-0488%20As%20Passed%20by%20the%20House%20Official.pdf .
The Senate version starts near the bottom of page 9 at this link: http://legislature.vermont.gov/assets/Documents/2016/Docs/BILLS/H-0488/H-0488%20Senate%20Proposal%20of%20Amendment%20Unofficial.pdf.
- S. 20 Dental Therapists (formerly called “Licensed Dental Practitioners,”: Recap: 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 Senate-passed version may be found at: http://legislature.vermont.gov/assets/Documents/2016/Docs/BILLS/S-0020/S-0020%20As%20Passed%20by%20the%20Senate%20Unofficial.pdf.
Update: Because S.20 missed crossover, it went to the House Rules Committee, from which it was voted out and send to House Human Services, the first of three House standing committees to which it must go. Human Services had other priorities, and it was late in the session, so they held a hearing on it on May 6, but will not take further testimony on it this year. We are hopeful that the committee will take it up early in the 2016 session. The Oral Health for All Coalition, of which COVE is a member of the leadership team, will work over the summer and fall to strengthen support for the bill in the House.
- 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 House modified the Observation Status provision in S. 139 to target it to Medicare beneficiaries. It will also look at the commercial market and report back. This provision has passed the House and is now back in the Senate for consideration of the House’s changes.
- H.46 Vulnerable Adult Fatality Review Team: This issue was discussed in the context of the budget and the Senate Appropriations Committee had a lengthy debate. The Hospitals and Nursing homes pushed to exclude language related to this important issue and ultimately the Committee felt it should be contained in a stand-alone bill. COVE and other partners have committed to working over the summer and coming back next session to enact legislation on this important issue.
- H.25 Natural Burial Grounds: COVE 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 has passed both bodies, and the House is scheduled to consider the Senate amendments on Friday, May 8. The Senate version may be found at: http://legislature.vermont.gov/assets/Documents/2016/Docs/BILLS/H-0025/H-0025%20Senate%20Proposal%20of%20Amendment%20Unofficial.pdf.
- Earned Time Off: The House passed a bill providing for 3 days of earned time off, which increases to 5 days in the second year. The bill is currently in the Senate Rules Committee and is unlikely to make it out this session. However, the bill has momentum and will likely see action next year. COVE will continue to monitor to ensure that elders and kinship care remains an important part of the bill.
EXPLANATION OF LEGISLATIVE JARGONESE: “Crossover” is a date by which all bills have to be voted out of committee in order to have a reasonable chance or being acted on by the other body. This year’s crossover date was March 13. Bills that miss crossover may be taken up by the other body if a prior agreement was made and/or with approval of the governing rules committee. (Crossover for bills in money committees was a week later – March 20 this year.)
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.
TRANSPORTATION SURVEY
COVE has received the following information/request from the Vermont Department of Disabilities, Aging and Independent Living (DDAIL). You can help to provide important feedback for this study, so please follow the link and share your thoughts and experience.
The University of Vermont, in collaboration with the Vermont Agency of Transportation and the Vermont Statewide Independent Living Council, is conducting a survey to assess the transportation needs of Vermonters who have physical conditions that limit their mobility.
This survey focuses on learning how people in Vermont with varying physical abilities get around outside of their homes to travel locally. By learning from people with physical disabilities about their everyday travel needs, we hope that this work will help decision-makers improve transportation services.
Your involvement in this survey is important! To participate or learn more, please click on this link: https://survey.uvm.edu/index.php/187282/lang-en
