Legislative Updates
3/16/10
Budget passed and VA Assembly Adjourned
3/15/10
Budget update from Arc
3/8/10
legislative update from association of centers for independent living
General Assembly Update: Budget is Passed
The Virginia General Assembly adjourned on Sunday, March 14th upon the passage of the Commonwealth's 2010-2012 biennium budget. The "good" news, in this bleak budget year, is that the budget restores funding for most of the areas of concern for people with mental illness. What is critical, however, is that much of the restoration of funds rests on whether the United States Congress will authorize the extension of increased "FMAP" funding. An explanation of FMAP is provided further down this message.
Budget Highlights
Restoration of funds/services/coverage
- Restoration of funds for Medicaid eligibility for aged, blind, and disabled population from 75% to 80%*
- Restoration of Medicaid reimbursement rates for physicians*
- Restoration of Medicaid reimbursement rates for therapeutic day treatment services*
- Exempting behavioral health medications from the Medicaid preferred drug list
- Restoration of Medicaid reimbursement rates for residential psychiatric treatment facilities*
- Restoration of reduced auxiliary grant payments*
- Restoration of jail diversion funds
- Restoration of funds to continue operation the Commonwealth Center for Children and Adolescents
- Language to establish a planning process led by the Commissioner of DBHDS to identify concrete steps to provide children's mental health services, both inpatient and community-based, as close to children's homes as possible
*Contingent in some way on enhanced FMAP extension being passed by US Congress
Reduction of funds/services/coverage
- 5% reduction to Community Services Boards as authorized in former Governor Kaine's introduced budget
- Closure of adolescent unit at Southwest Virginia Mental Health Institute (SWVMHI) as authorized in former Governor Kaine's introduced budget
- Closure of geriatric unit at SWVMHI as authorized in former Governor Kaine's introduced budget
- Reductions at the Department of Behavioral Health and Developmental Services as authorized in former Governor Kaine's introduced budget
What is FMAP funding?
FMAP is the state's share of Medicaid benefit costs paid for by the federal government. Last year the US Congress authorized an increase in each state's FMAP (called "enhanced FMAP") to help prevent drastic cuts in services and coverage. In order to avoid even deeper cuts to services and coverage that were originally considered, such as lowering eligibility levels for Medicaid, many of the items that were restored in Virginia's 2010-2012 budget rely on an extension of enhanced FMAP. On Wednesday, March 10th, the US Senate authorized an extension of FMAP and now the US House of Representatives must do the same.
What's next?
* The budget bill will go to Governor McDonnell for action. He can sign it, amend it, or veto it. So please stay tuned for developments and any action steps!
* Contact your state delegate and senator to thank them, and leave a personal message as a constituent who is concerned about mental health issues and timely, adequate access to services.
* Take 2 minutes: Contact US Senator Jim Webb (202)-224-4024) and US Senator Mark Warner 202-224-2023 to say "thank you for voting to extend the increased Medicaid funding".
* Take 2 minutes: Contact your member of the US House of Representatives and urge him/her to support passage of the FMAP extension so that Virginia does not have to turn back the clock on access to care and services.
(See NAMI.ORG for more details)
3/15 BUDGET UPDATE FROM ARC OF VA
The Conference Committee completed their work yesterday and just a few hours after their report was printed, the General Assembly passed Virginia's 2010-2012 Biennium Budget.
Thanks to your efforts and the likely extension of FMAP*, the budget restores funding for many critical home and community-based services for people with developmental disabilities and their families!
Restorations of home and community based services in the 2010-2012 budget include:
*250 new ID Waivers for individuals/families on the ID Waiver waiting list (start date of 7/1/10)*
*Elimination of the proposed cut to respite services. *
*Elimination of the proposed cut to HCBS Waiver provider reimbursement rates *
*Elimination of proposed freeze on HCBS Waiver enrollment *
*Elimination of proposed cuts to Medicaid podiatry and optometry services.*
*Monthly income for HCBS Waiver eligibility would not be reduced from 300% SSI to 250% SSI *
*No cuts to consumer directed services
Cuts/Policies that remain in the 2010-2012 VA Budget include:
*$23 million to rebuild a 75-bed institution at Southeastern Virginia Training Center in Chesapeake.
*$24 million to renovate Central Virginia Training Center, an institution in Lynchburg.
*750 ID Waivers and 134 DD Waivers eliminated (this would make 4 years of no new DD Waivers).
*Assistive Technology (AT) will be reduced from $5,000 to $3,000 per year in FY12.
*Environmental Modifications (EM) will be reduced from $5,000 to $3,000 per year in FY12.*
*Restorations dependent on FMAP funding. Like many other items in the budget, these restorations are contingent upon a 6 month extension of the enhanced FMAP (a temporary increase in the federal share of Medicaid spending). On Thursday of last week, the U.S. Senate passed the FMAP extension, which was included in the American Workers, State, and Business Relief Act of 2010 (H.R. 4213), by a vote of 62-36. The U.S. House of Representatives has not yet decided on whether to adopt the Senate bill or develop its own bill, which, after passage would be conferenced with the Senate bill. The Arc will be sure to keep you updated on the status of FMAP, letting you know when action is needed.
What happens next?
The budget bill now goes to Governor McDonnell for his review. The Governor has the ability to propose amendments to the budget before the General Assembly's veto session on April 21st. Moving forward, it will be important for us to continue asking Governor McDonnell to support "Community for All". Keep a look out for action alerts from The Arc in the weeks ahead.
What do we do now?
1. Thank your Delegate and Senator.
2. Thank Senators Warner and Webb for their support of the FMAP extension.
3. Stay in touch! The General Assembly session is now officially "over" but the civil rights movement for people with intellectual and developmental disabilities has just begun. Please stay tuned on how you can help The Arc keep this movement going and growing.
www.thearcofva.org
LEGISLATIVE UPDATE FROM VA ASSOCIATION OF CENTERS FOR INDEPENDENT LIVING
The Virginia General Assembly completed the State budget for the coming two years (July 1, 2010 – June 30, 2012).
The Medicaid related budget amendments can be viewed at
http://leg2.
There are 2 pages of amendments at this web site. A summary of the Waiver related amendments is below.
The Virginia Waiver Network will have a conference call to discuss the final budget. The conference call will be Tuesday, March 16 at 12noon. To join the call, please dial –
1-866-295-5950
Code 9927541#
Many of the Medicaid budget items refer to Federal Medical Assistance Percentage (FMAP). FMAP is the federal government match (dollars) provided to States for Medicaid services provided in each State. Last year, the US Congress increased the FMAP to help States during the recession. It is anticipated that Congress will provide States with an additional year of increased FMAP. The US Senate has indicated that they will support the increased FMAP. The US House of Representatives is expected to also support the increased FMAP. The final Congressional votes are not expected until late spring/early summer. We will discuss FMAP during the conference call on Tuesday.
Maureen Hollowell
Virginia Association of Centers for Independent Living
757-351-1584 phone
Waiver Items
250 new ID Waiver slots added. If FMAP is received.
No new DD Waiver slots.
Consumer Directed Services were not eliminated.
Respite not reduced from 720 to 240 hours per year. If FMAP is received.
Assistive Technology (AT) will be reduced to $3,000 per year. The limit is currently $5,000 per year. Effective January 1, 2011. The $15,000 lifetime limit was not adopted by the General Assembly. If FMAP is received, this reduction will only take place in the second year.
Environmental Modifications (EM) will be reduced to $3,000 per year. The limit is currently $5,000 per year. Effective January 1, 2011. The $15,000 lifetime limit was not adopted by the General Assembly. If FMAP is received, this reduction will only take place in the second year.
DMAS is to report on the utilization and cost of AT and EM to the General Assembly by December 1, 2010.
Waiver provider rates not reduced. If FMPA is received.
The proposed freeze on Waiver slots will not be made. Slots that become available because someone quits using that Waiver slot will be allocated to another individual. If FMAP is received.
The allowable monthly income for Waiver eligibility would be reduced to 250% of SSI. The current monthly income allowed is $2,022 (300% of SS). This would be reduced to $1,685 ($250% of SSI). This would take effect July 1, 2011 unless the increased FMAP is received. If the increased FMAP is received, the reduction to the income limit will not be made.
Technical amendment to clarify that any unused DD or ID/MR Waiver slots designated for Money Follows the Person cannot be used for other purposes if not used for MFP. 15 DD Waiver slots and 110 ID Waiver slots are allocated for each year.
Other nonWaiver Medicaid items:
Podiatry and optometry services for adults were maintained (children’s services continue because of EPSDT) in the first year. If FMAP is received.
Eligibility for regular Medicaid would be reduced from 80% of the poverty level to 75% of the poverty level in the second year. If the FMAP is not received.