By David Mickenberg
- 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.
For now LIHEAP looks to be headed for flat funding in the upcoming budget, although given the state’s budget issues there is justifiable concern about the potential for cuts. One serious concern is the situation in Washington which, given the changes in Congressional membership, makes LIHEAP a potential target. In his 2015 budget President Obama proposed reducing LIHEAP benefits by 20%, and it is likely that the new Congress could reduce the amount further. A 20% reduction would be extremely difficult to make up on a state level and could threaten Vermonters benefits, benefits that have already been reduced over the last few years.
- 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.
COVE, with its HCBS partners, has begun to meet with key legislators to talk about three basic principles. First, we are imploring legislators to “do no harm,” meaning do not include CFC in proposed across the board budget cuts, given the federal waiver requirement for growth in the program. Second, we are pushing the idea that there should be a statutory COLA for HCBS, like there is for nursing homes. Finally, we are raising the serious concern about the delays in CFC qualification determinations. As discussed, the over 60 day delay in determinations that the majority of applicants are facing is unacceptable. Generally our message is being positive received, although there is certainly clarity by legislators that this is going to be a bad year fiscally. With an additional $18-30 million in FY 15 cuts anticipated, and over $100 million in FY 16 cuts, COVE and its allies will attempt to maintain the program at its current levels and prevent the diversion of any future savings to be used to fill other budget holes.
If you/someone you know/a client you serve has been on a waiting list or experienced a delay in eligibility determination for CFC services, and that delay has resulted in negative health consequences or institutionalization, please contact Gini Milkey, Executive Director of COVE with your story: [email protected]; PO Box 1276, Montpelier, VT 05601; 802-229-4731, extension 2#.
- Adult Protective Services (APS): 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. There are statutory requirements as to how much time is allowed for opening an investigation and notifying the reporter and victim of progress, etc.
COVE and the other Plaintiffs’ attorneys in the APS settlement continue to meet with the state to push them for improvements to the program. At the most recent meeting there was positive movement by the state to work with us to re-write APS policies on cases involving Survey and Certification and on those needing written coordinated treatment plans and referral of cases. Those were all areas which continue to be primary sources of problems at APS and we consider the willingness to work collaboratively on these areas a good step toward improving the functioning of the program. Our attorneys also talked to staff from APS about shifting the timing of the file review to reflect more current policies, although the state seemed committed to continuing the file review process as a proactive way to keep the momentum on positive changes in the program.
- Senior Housing: The Joint Committee on Tax Credits and Qualified Housing met on December 8th to reconsider its earlier action to make it more difficult for senior housing to access state tax credits used to develop additional senior housing statewide. At the meeting the committee entertained and supported by a vote of 4-1 a proposal which allowed for targeting of 25% of the tax credit dollars for senior housing. While this was not a complete reversal from the previous policy and does not create either a cap or set aside, senior focused housing developers saw this move as essentially leveling the playing field in a way similar to the way it was prior to the change. This was certainly seen as a victory for senior housing and a positive development over all.
- Earned Sick Days: COVE continues to participate in the Earned Sick Days Coalition. Currently the coalition is attempting to find compromise with members of the business community so that we can go into the legislative session with a unified position of support for earned sick day legislation. There will be an event in which COVE has been invited to participate on December 15th, 2014, in Burlington at which the parameters of a 2015 legislative proposal are to be presented. At this event Main Street Alliance, a moderate business group, will also announce the release of their report of the statewide small business survey project and it’s 2015 legislative agenda.
- Transportation: COVE met with Senator Jane Kitchel, a strong champion of senior transportation issues, to discuss our plans for expanding access to senior transportation over the next few years. While we were pleased that we have been able to hold on to the increases in the E&D funding that were put in the budget last year, we expressed a desire to better utilize those funds by allowing transportation providers more flexibility. Senator Kitchel seemed open to discussing potential options and we will continue to push these issues in the upcoming session.
- Observation Status: It looks as if there will be a bill next year involving “observation status” in hospital admissions. 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 will play a supporting effort to this initiative.
- Licensed Dental Practitioners: COVE, an active participant in the “Oral Health for All” Coalition, will be working again to pass legislation to increase access to care by adding a new dental practitioner to the team to expand the reach of the dentist. We anticipate that the bill will be introduced in both houses and will start in the Senate.
Other priorities of the Coalition are getting oral health care included as part of Green Mountain Care, and coverage of dentures under adult Medicaid. If you’d like to get involved, contact Gini at COVE ([email protected] or 229-4731, x-2#). For more info about the Coalition, you may visit the following website: www.vtoralhealth4all.org .
- Clear fiduciary standards for all retirement investment advisors: This issue recently came to COVE’s attention, and we will be sending a letter to our three members of Congress. The U.S. Department of Labor is updating its rules to close loopholes in requirements that financial advisors meet a “clear fiduciary standard” when giving retirement advice. The new standards would protect workers and retirees with 401(k) plans and IRAs against conflicts of interest and predatory sales tactics when they seek advice on retirement planning from professional advisors. If you would like a copy of COVE’s letter, please contact Gini.

