The 2016 legislative session ended in disappointment on Sunday without a disability provider rate increase. There are several reasons for this, and ARRM will build on what we- and the Best Life Alliance- have established this session, including strengthening our grassroots efforts and legislative relationships.
There are many areas we can highlight (and lowlight). The following are some of the key legislative actions and inactions.
License fees
The final agreement in the Supplemental Budget Bill made no changes to current law. The Senate originally included a new fee structure proposed by the OIG and Governor that would have resulted in large fee increases for most ARRM members – but was delayed a year in the Senate omnibus bill after intense lobbying by ARRM and other affected parties. The House bill made no changes to current law. The final decision (the House position) means that providers will move to a new fee schedule already in law (section 245A) and will save ARRM members about $1.5 million in aggregate.
Annual Data Submissions
A Governor’s proposal to require workforce data collection from providers was not included in the final supplemental budget bill after being included in the Senate bill. During the final negotiations over the weekend ARRM was asked for and provide reasons to not adopt the study.
Bed capacity management
A proposal in one of the Governor’s/DHS bills that would have allowed DHS to, in part, take beds from one provider in one geographic area and give that bed to a different provider in another region was not adopted by either the House or Senate. ARRM lobbied against this provision, but did have an amendment agreed to with DHS in case either body adopted the provision.
New definition of “serious injury”
An amendment to from DHS to a policy bill Friday would have expanded the authority of the Ombudsman’s office to cover a broader population. It would have also revised the definition of “serious injury” which likely would have resulted in an increase of reports to the Ombudsman’s office. The amendment was withdrawn by the bill author after an overnight response from ARRM and MOHR.
DWRS
The major provisions in ARRM’s and the DWRS Coalition bill are being resolved administratively with DHS through business rules. A provision to require additional reporting on county spending, adopted by the House and Senate (S.F. 2857), requires more frequent reporting and web site communication of county financial spending and waiting list data. The bill also instructs the governor to consider (but not required to include) a rate floor when banding ends. Purely technical changes to exceptions and wording changes were also adopted.
Allowance for five bed waivers
ARRM became aware late in session that this allowance expires July 1, 2016 and thus worked amendments in two bills to extend the date to July 1, 2017. This is important for some providers to maintain services during the workforce crisis. ARRM will provide more information soon to members that might be interested in using this tool.
Rate increase for PCA overtime
A Governor’s proposal to conform to federal rule by paying for overtime in PCA and other services with a 2.72 percent rate increase was not adopted after intense lobbying by organized labor. It was in the governor’s budget and Senate Supplemental Budget bill, but fell out of the final agreement late Saturday night.
CDCS
S.F. 2881, which passed both the House and Senate, extends an allowance to provide 20 percent in additional funds for high school grads until CMS acts on an amendment submitted by DHS.
Positive supports
The language in the portion of the bill that passed contained technical language needed due to the new Positive Support Rule, but did not change anything in regards to requirements of providers.
ICF/DD therapeutic leave days
ARRM’s bill to repeal the rule that disallows leave day payments received a $150,000 fiscal note and thus did not get a hearing. The issue will be advanced by ARRM in 2017.
Broadband
The governor and both the House and Senate had proposals to enhance broadband across the state. $35 million was adopted by the legislature and sent to Gov. Dayton to be signed into law.
Employment services pilot
A pilot project in Dakota County that would have expanded competitive, paid employment was not included in the final budget bill.
Targeted case management
A Governor’s proposal to allow the use of interactive video for relocation case management was carried in both the House and Senate Omnibus Supplemental Finances Bills and were adopted. We are now checking various bills to see where this change landed (the Supplemental budget bill is 598 pages).
Family leave
A bill to expand family leave (S.F. 2558 and H.F. 2963 and related benefits was not adopted after passing three committees in the Senate, but never getting a hearing in the House. Look for initiatives in 2017.
Critical access dental
The House and Senate adopted several small improvements in access to dental services and were rolled into the Supplemental Finance Bills. Improvements were adopted, but we need to further examine these sections to figure out all the changes.
State operated services
Gov. Dayton’s budget included significant new expenditures for state services, some of which the Senate embraced in its Omnibus Supplemental Finance Bill. Some were funded and some were not. We’ll look further into the adopted budget bill to see what services did receive funding.
ACT funding
A bill (S.F. 2546 and H.F. 2697) to provide Advocating Change Together (ACT) with a grant to do training regarding community integration and self-advocacy was not funded.
We are already formulating our plans that will take us to the election and into the 2017 session. Watch for updates in the future!
--Bruce Nelson, CEO