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Summary of House Health and Human Services Proposed Budget and Its Long-Term Care Implications
By Patti Cullen, CAE

Note: We have been working with committee chairs and leadership in both the House and Senate to try to amend out some of the dramatic cuts noted below before the omnibus HHS bills are passed out of committee this week. At press time we do not yet know if our efforts have been successful; however, it is possible that a small portion of the cuts noted below will no longer be included in their bill by the March 25 deadline.

This week the chair of the Health and Human Services Finance Committee in the House of Representatives (Rep. Jim Abeler, R-Anoka) released his much-anticipated proposed health and human services budget for Fiscal Years 2012-2013 (which begins on July 1, 2011). While we applaud the inclusion of the repeal of rate equalization as a valuable step toward payment reform, we are disappointed with the deep level of cuts. In the proposal many programs would be reduced or cut, including an over 4% cut on nursing homes (unequally distributed) and over 20 % cut on assisted living establishments. Given that his committee had a spending reduction target of over $1.6 BILLION, it is expected that the sheer depth and width of reductions is at a level we have never seen before. The following is a summary of the provisions we think are of greatest importance to members. If the item has a * next to it, note that this provision is also included in the Governor’s budget.

Provision

Estimated Savings

Suspends Automatic increase for nursing facility property rates.

($1,045,000)

*Low Needs Case Mix reduction of 25% of the operating payment rates for categories PA1 and BC1.

($17,367,000)

*Modify non-base rate payments to nursing facilities. This includes:

  • Elimination of planned closure rate adjustments.
  • Bed Hold payment reduction from 60% to 30% and increased eligibility to 96%.
  • We believe (although the language isn’t included in the initial bill) it also includes reduction of enhanced rate for first 30 days from 20% to 10% and some form of reduction for single room payments.

($16,141,000)

High Rate Facility Cuts—Reduces rates by 5% at the 95th percentile and redistributes those funds somehow to lower rate facilities.

Budget neutral overall but cuts to roughly 25 nursing facilities.

Repeal of Rate Equalization—effective July 1, 2011 without any phase-out period or restrictions.

$714,000

Appropriation Cap for all Waivers—5% of the waiver amounts is set aside for emergency situations. The following options are available to the DHS commissioner to meet the funding limits of the caps:

  • Reduce or adjust benefits and services
  • Reduce or adjust case-mix capitation rates
  • Limit or freeze waiver enrollment
  • Establish needed thresholds for service eligibility
  • Adjust eligibility criteria to the extent allowable under federal regulations
  • Establish prior authorization criteria
  • Adjust home and community-based waiver allocations as needed, with the use of waiver slots prioritized for individuals anticipated to be discharged from an institutional setting or who are at imminent risk of an institutional placement.

If the application of all the methods mentioned above will not achieve the needed cost savings, the commissioner may reduce provider payment rates by the amount necessary.

($483,067,000) over the biennium with approximately ($67,091,000) coming from the elderly waiver (fee for services and managed care) and ($248,912,000) coming from the CADI waiver.

Allocation of Waiver slots—Community Alternatives for Disabled Individuals (CADI) is limited to 85 allocations per month for the biennium.

 

Global Waiver—If the implementation of a global waiver that would merge all the waiver programs together does not generate an unspecified additional $300,000,000 of savings, all budgeted for July 1, 2012 to June 30, 2013, the Commissioner shall reduce provider payment rates by the amount necessary to recoup the shortfall in savings. 

($300,000,000)

The case mix cap for Elderly Waiver is separated from nursing facility rates, which means that in the future when nursing facility rates increase (whether operating or property rates), the elderly waiver rate will not.

($1,239,000)

Case Mix L Changes—The budget caps for Elderly Waiver Case Mix L individuals will be cut from $2272/month to $1750/month. Service rate limits will also be reduced. While the needs of these individuals will not have changed, providers will be expected to meet those needs with significantly fewer resources.

 

Provider of CAC, CADI, DD, TBI Waivers—Reductions of 10% in dollars available for services for individuals with lower needs, except for family foster care providers. Effective for rates in effect on January 1, 2011. 

($12,335,000)

*Aging Grants for Community Service/Service Development—grants are continued at the reduced level.

($7,200,000)

Regulatory Reforms:

  • Certified nursing homes and boarding care homes would be exempt from state licensing requirements;
  • Health facility licensing duties will be transferred from the Department of Health to the Department of Human Services;
  • Extension of the deadline for compliance with the elevator code for an additional three years;
  • Health Department must accept electronic transmissions for nursing assistant registry;
  • Requirements for counties to process medical assistance applications within established timelines;
  • Seventy-five percent of the total payment for each county for long-term care consultation services must be paid monthly by certified nursing facilities in the county. Presumably the nursing facility keeps the other 25%.

 

The following are some basic talking points that we encourage you to use when responding to media or others, but feel free to insert your own organization-specific implications as you can best determine them:

  • Minnesota’s nursing homes and assisted living providers contribute over 112,600 jobs and over $6.7 billion to the state economy. Over 70 percent of providers’ budgets go to wages and benefits for their employees.
  • The cuts proposed by the house represent millions in lost economic activity for Minnesota at a time when the state should be focused on economic recovery.
  • The House proposal to cut the state’s Elderly Waiver program will mean that nursing homes will be the only option left for thousands of low-income Minnesota seniors—if the nursing home is able to stay open after their rates are reduced.
  • The short-sighted elimination of options for poor seniors will only cost the state more money as these individuals are forced to seek care in higher-cost nursing home settings or hospitals.

Patti Cullen, CAE
952.851.2487
pcullen@careproviders.org

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