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Mid-Session Legislative Update

  

Friday, March 27th, marked the first and second committee deadlines at the legislature. This important milestone means policy-related bills that have not been acted on favorably in both bodies are likely not moving this session, and marks the release of the House and Senate’s omnibus policy bills. Here is an update on where ARRM’s legislative priorities, and issues we are monitoring closely currently stand.

ARRM’s Policy Bill

ARRM’s policy bill contained four separate proposals. Below is their current status:

  • Extending the Annual Training timeline to 90 days: Included in the Senate Human Services Omnibus Policy bill.
  • Making Daily Log Notes a requirement for Intensive services only: Was included in the Senate Human Services Omnibus Policy bill but removed with an amendment due to a potential cost flagged by the Department of Human Services.
  • Limiting the documentation that Lead Agencies can request for a rate exception renewal: Was included in the Senate Human Services Omnibus Policy bill but removed with an amendment due to a potential cost flagged by the Department of Human Services.
  • Requiring the Department of Human Services to provide formal guidance within 120 days for federal approval: Flagged for a cost and not included in the Omnibus policy bill.

ARRM’s IHST Proposal:

  • Establishing a monthly limit for IHST and eliminating the 6-hour daily cap: Included in both the House and Senate Human Services Omnibus Policy bill.
  • Removing the 3-Hour Consecutive Limit: Included in both the House and Senate Human Services Omnibus Policy bill.
  • Removing caps for individuals with complex needs: This language is currently included in the House Human Services Omnibus Policy but will likely be removed due to an estimated cost of $50 million to implement.

ICF Rate Floors:

Included in the Department’s Policy bill was language that would make the annual adjustment for ICF rates apply only to ICF rates that are currently at the floor. ARRM testified against this proposal, and neither the House nor the Senate included the language in their Human Service Omnibus Policy bills.

Congregate Care Proximity Restrictions:

A coalition of cities once again brought forward legislation that would limit new congregate care settings from existing within 650 ft of a currently existing setting. ARRM has worked closely with the cities, and language has been agreed upon that would use the Home and Community Based Settings Rule standards and apply them across the board, to both 245D and 144G license types. This language has a cost and will not be included in the Human Services Omnibus Policy bill, and will need to move in a spending bill. 

Meal and Rest Break Exemption:

ARRM introduced legislation that would exempt staff who are working independently, supporting a vulnerable adult, from the new meal and rest break requirements. The bill received two hearings in the House and was laid over in the Workforce and Labor Policy Committee. The Department of Labor is officially opposed to our proposal.

What’s Next for the Omnibus Policy Bills?

The House and Senate will now need to pass their omnibus policy bills off their floors, and the two bodies will meet in conference committee to determine a final, agreed-upon proposal.

What other issues are still out there?

Fraud: There are still many bills being discussed related to Medicaid fraud. ARRM has been engaged in conversations with legislators and continues to emphasize the need for strong fraud prevention measures that do not have the unintended consequence of harming legitimate providers and the individuals they are supporting.

Governor’s Supplemental Budget Proposal: The Governor has unveiled his supplemental budget proposal that would cut an additional $400 million from Disability services. After cutting $1 billion over four years last session, proposing even deeper cuts to the services that support people with disabilities is unacceptable. ARRM is waiting for the formal bill to be introduced and will put out a detailed analysis of what is included, as well as talking points for members to use with their legislators.

Third Committee Deadline:

The legislature returns from break on Tuesday, April 7th, with the third committee deadline scheduled for Friday, April 17th. This is the deadline for any finance-related bills to be out of committee. ARRM will keep members informed on any spending proposal that moves through Human Services in the coming weeks.

Questions:

If you have questions on any specific proposal, please reach out to me directly. ARRM will continue to keep members updated as things begin to move quickly over the coming weeks.

--Sara Grafstrom, Senior Director of State and Federal Policy, ARRM

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