Summary of 2012 Budget
The NC House and Senate came to an agreement this week on the 2012
budget. The total budget spends 2.5% more than the budget as approved last
year. Unfortunately, the budget does not
include compensation for victims of North Carolina’s sterilization program. The Governor now has 10 days to veto the
budget. The budget was approved by a
veto-proof majority in both chambers so any veto would likely be overridden. The legislature plans to adjourn as soon as
possible after a veto override, which would be Monday, July 2d at the latest.
Below is a brief summary of the budget items related to the work of
Disability Rights NC. The full budget is
online here. The money report is online here.
Education Budget
· LEA Adjustment Reduction -
$143 mil to reduce cuts to LEAs, still leaves huge shortfall from expiring
federal funds used to curb previous cuts
·
Residential Schools - None will be closed. Restores $4.7 mil of cuts. Section 7.3
discusses School Improvement Plans, Section 7.8 repeals consolidation.
· Section 7A Excellent Public
Schools Act: $27 mil: developmental screening and Kindergarten entry
assesement; elimination of social promotion; reading development for retained
students; school performance grades; establishes NC Teacher Corps; allows for
local plans for performance pay.
Health and Human Services
Budget
Division of Medical Assistance
- $59
mil in CCNC savings
- Reduced
savings expected from 1915 b/c waiver transition by $1.7 mil, due to
delays
- $3.8
mil savings from fraud, waste and abuse prevention
- Restructure
Fee for Service for $2 mil savings
- $14
mil CHIPRA bonus
- $15
mil for cost settlements with providers and fraud, waste and abuse
initiatives
- $6
mil reduction associated with changes to PCS program
- Section
6.12 – Requires Medicaid disclosures to fiscal research (Senate budget
item)
- Management
flexibility reductions across departments to achieve savings for Medicaid
program (Section 6.14): In order to provide adequate funds to cover any
potential shortfall in the 2012-2013 Medicaid budget while minimizing the
impact on State government services, the Director of the Budget shall
ensure that cost savings required through the management flexibility
reductions in this act are realized so that at least fifty percent (50%)
of the cost savings are realized by December 31, 2012.
- Limits
on ST/OT/PT repealed.
- COLA
disregard (Section 10.6): Income
disregard for Medicaid effective January 1, 2013. Sunset of December 31, 2017.
- Medicaid
Non-Emergency Medical Transportation - develop an RFP for management. House had $1 mil in associated savings, that
amount is not in final budget.
- Pharmacy
services (Section 10.8): keeps $24 mil in projected savings from increased
use of generics. Adds expanded
prior authorization to save $5.3 mil; special pharmacy program for
hemophilia drugs.
- Section
10.8A - Study electronic prior authorizations for prescriptions
- Section
10.9 Smart Card Pilot Program - $1 mil to implement
- Section
10.9A State Auditor Audit of DMA: The audit shall examine the program's
effectiveness; results of the program; the utilization of outside vendor
contracts, including the number, cost, and duration of such contracts;
fiscal controls and Medicaid forecasting; and compliance with requirements
of the Centers for Medicare and Medicaid Services and the requirements of
State law.
- Section
10.9B PED/FRD Study of Medicaid Organization: The Program Evaluation
Division and the Fiscal Research Division of the General Assembly shall
jointly study the feasibility of creating a separate Department of
Medicaid and make a joint recommendation on this issue to the 2013 Regular
Session of the General Assembly no later than February 15, 2013.
- Section
10.9C: No authority to reduce provider rates or services: DHHS shall not reduce Medicaid provider
payment rates or Medicaid optional services except as otherwise provided
to achieve Medicaid pharmacy program savings.
- 10.9E
Special Care and Memory Care Units: DMA shall develop and submit to CMS an
application for a home- and community-based services program under 1915(i)
for elderly individuals who (i) are typically served in special care and memory care units that meet the
criteria of the State-County Special Assistance Program and (ii) have been diagnosed with a
progressive, degenerative, irreversible disease that attacks the brain and results in impaired
memory, thinking, and behavior. The home- and community-based services program
developed by the Department pursuant to this section shall focus on providing these elderly
individuals with personal care services necessary to ameliorate the effects of gradual memory loss,
impaired judgment, disorientation, personality change, difficulty in learning, and loss of
language skills.
- PCS
10.9 F added limited assistance with 3 ADLs: Directs implementation of
PCS for recipients who have a
medical condition, disability, or cognitive impairment and demonstrates
unmet needs for, at a minimum, (i) three of the five qualifying activities
of daily living (ADLs) with limited hands-on assistance; (ii) two ADLs,
one of which requires extensive assistance; or (iii) two ADLs, one of
which requires assistance at the full dependence level. The five qualifying ADLs are eating,
dressing, bathing, toileting, and mobility. The recipient resides either in a
private living arrangement, a residential facility licensed by the State
of North Carolina as an adult care home, or a combination home as defined
in G.S. 131E-101(1a).
- Appropriations
Contingent upon adequacy of funding for Medicaid budget (Section 10.9G):
DHHS shall not expend funds appropriated for the following purposes until
January 1, 2013, pending a determination by the Office of State Budget and
Management that there is adequate funding for the Medicaid budget for the
2012-2013 fiscal year: (1) Funds appropriated to DCDEE for NCPC; (2)
DMH/DD/SAS funds for additional psychiatric care beds at Broughton
Hospital and additional local inpatient psychiatric beds or bed days
available to LMEs and MCOs under the State-administered three-way
contracts ($9 mil additional); and (3) funds appropriated to DPH for local
community health and wellness initiatives.
- Examination
of the state's delivery of MH Services (Section 10.11): Directs the HHS
Oversight committee to appoint a subcommittee to examine the State's
delivery of mental health services.
As part of its examination, the subcommittee shall review all of the
following: (1) The process for determining the
catchment areas served by the State's psychiatric hospitals, with
consideration of both of the following:
(a) Factors used in assigning the geographic groupings of local
management areas and managed care organizations into catchment areas. (b)
Alternatives to the current process for determining the catchment areas
served by the State's psychiatric hospitals, including a determination of
whether there is a more efficient and equitable manner of assigning
hospital catchment areas. The subcommittee shall report its findings and
recommendations to the Joint Legislative Oversight Committee on Health and
Human Services on or before January
15, 2013, at which time it shall terminate.
- AIDS
Drug Assistance Program Pilot (Section 10.16)
- $5
mil reduction to nonprofits (Section 10.18), minimizing reductions to
funds allocated to nonprofit
organizations for the provision of direct services and shall not
reduce funds allocated to nonprofit
organizations to pay for direct services to individuals with developmental
disabilities.
- SA
In-home (Section 10.23) - keeps 15% cap (although can be waived by the
Secretary) but equalizes the amount, all counties shall participate, a
formula will be established
DCDEE
· PreK - $15 mil increase in
House - NO increase in final budget.
Directs DCDEE to continue implementation of the NC Pre-K program. Includes chronic health and developmental
disabilities as factors for eligibility requirements along with 75% of the
state median income
- $3.5
mil to NCPC for early literacy and TA re grant and fundraising - after
January 1 only if not needed for Medicaid
Div of Central Management
· $2.7 mil reduction for
administrative efficiencies
· Non-state entity pass-through
funds - makes NR and 10% match to entities like Arc, Autism Society, Easter
Seals
Div of Aging and Adult Services
· Transition to Community
Living $10.3 mil (10.23A) - Blue Ribbon commission, DOJ same
· Short Term Assistance $39.7
mil monthly rate for residents while they "transition," Sets out
amount per resident that may be paid, steps it down after 3 months, expires
June 30, 2013.
DMH
- No
restoration of MH community service funds - $20 mil cut
- 3
way contracts - $9 mil increase Jan 1, 2013 contingent upon Medicaid, was
increase of $18.5 mil in House budget
- LME
Admin Funds reduced by $8.5 mil
- Cherry
Hospital - funding for increased bed capacity (124 beds) at the new Cherry
hospital $3.5 mil
- Broughton
Hospital - 19 addnl psych beds $3.5 mil after Jan 1, 2013 if money not
needed for Medicaid
- Drug
Treatment Courts - $2.3 mil eliminated
Div of Public Health
· Medication Assistance Program
- $1.7 mil NR in House budget
· $4.9 mil to county health
departments for community health and wellness initiatives, contingent upon
Medicaid
Justice and Public Safety
· DPS Management Flexibility
Reductions – $26.3 mil – In implementing, the department shall NOT close the
Bladen Correctional Center, reduce community program funding in either the Div
of Adult Correction or Juvenile Justice, or eliminate any district level state
highway trooper position
Corrections
· Revised the Inmate Medical
Costs special provision
Juvenile Justice
·
Close Edgecombe YDC Jan 1, 2013.
Transfer 10 youth counselor associate positions, 5 to Chatham and 5 to
Lenoir to increase their bed capacity.
Also directs a study of the use
of the facility.
·
Multipurpose Group Home Funds (Section 14.6) - $550,000 for a
multipurpose group home in Craven county
Justice
· $1.8 mil reduction to
eliminate state funding to Consumer Protection division
· IDS - no changes
· AGs must begin doing itemized
bills for their work for agencies, must also do biannual reports
General Assembly
· Program Evaluation Division
shall study the duties and services of the NC Human Relations Commission and
the Civil Rights Division of OAH to determine whether there is unnecessary
overlap and duplication of services and recommend the placement of the
Commission and Division in the appropriate agency or agencies.
State Board of Elections
· HAVA Funds/Disability
Access: Directs the State Board of
Elections to retain HAVA Title II funds until MOE funds are appropriated,
EXCEPT for voting accessibility funds under Section 261 of HAVA.
Salaries and Benefits
· State employee and public
school employee 1.2% salary increases
Office of the Governor –
Housing Finance Agency
· Housing Trust Fund -
eliminates General Fund appropriation and appropriates $7.9 mil from Mortgage
Settlement Agreement