2022 -- S 2648

========

LC005118

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

____________

J O I N T   R E S O L U T I O N

MAKING AN APPROPRIATION OF $17,700,000 FOR THE PURPOSES OF INCREASING

HOME CARE PROVIDER REIMBURSEMENT RATES TO BE USED FOR WAGE PASS

THROUGH TO DIRECT CARE STAFF AND FOR INCREASES IN PAYMENTS TO DIRECT

CARE WORKERS HIRED BY CONSUMERS THROUGH SELF-DIRECTED CARE

PROGRAMS

     Introduced By: Senators DiPalma, Miller, Seveney, Sosnowski, and Felag

     Date Introduced: March 10, 2022

     Referred To: Senate Finance

     WHEREAS, The 2006 Medical Assistance – Long-Term Care Service and Finance

Reform law (referred to as the Perry-Sullivan law named for its sponsors Representative

Raymond Sullivan and Senator Rhode Perry) found “It is in the interest of all Rhode Islanders to

assure that rates paid for community-based long-term care services are adequate to assure high

quality as well as supportive of workforce recruitment and retention"; and

     WHEREAS, The Perry-Sullivan law promoted consumer choice in accessing long-term

care services and allocating resources to ensure that services in the least restrictive setting would

be available and therefore required that “Beginning on July 1, 2007, the total system savings

attributable to the value of the reduction in nursing home days paid for by Medicaid shall be

allocated for the express purpose of promoting and strengthening community-based alternatives”;

and

     WHEREAS, The Perry-Sullivan amendment in 2007 required the caseload estimating

conference to determine the amount of general revenues to be added to the current service

estimate of community-based long-term care services for elderly sixty-five (65) and older, and

younger persons at risk of nursing home admissions, for the ensuing budget year by multiplying

the combined cost per day of nursing home and hospice days estimated at the caseload conference

for that year by the reduction in nursing home and hospice days from those in the second fiscal

year prior to the current fiscal year to those in the first fiscal year prior to the current fiscal year;

and

     WHEREAS, The Perry-Sullivan 2009 amendment required savings be allotted to both the

Departments of Human Services and Elderly Affairs, and that any unexpended funds in a fiscal

year be carried forward for the purpose of strengthening community-based alternatives; and

     WHEREAS, In 2019, the General Assembly passed a law requiring the Executive Office

of Health and Human Services to develop and make public on its website a long-term care

services and supports performance scorecard showing data for the most recent fiscal years in

order to measure progress in achieving the State’s goal for long-term care; and

     WHEREAS, The November 2021 Caseload Estimating Conference estimated $38.6

million for all sources and $17.7 million from general revenue to reflect Perry-Sullivan

requirements attributable to a 187,823 bed-day reduction from FY2021 compared to FY2020; and

     WHEREAS, The 2019 RI Long-Term Care Scorecard shows minimal progress in

increasing spending for home and community services since 2014, only growing from 17 percent

to 18 percent; and

     WHEREAS, There exists a critical shortage of home care direct care workers causing

more than half the persons referred for Medicaid home and community services to wait more than

three months; and

     WHEREAS, The fiscal year budget proposed by Governor Dan McKee defers using

$17.7 million general revenue and $38.6 total funds from the Perry-Sullivan savings established

by the Caseload Estimating Conference; and

     WHEREAS, Deferring the use of the Perry-Sullivan dollars intended to strengthen and

enhance home and community-based services is contrary to the intent and letter of the law and

will serve to exacerbate the existing home care worker crisis leaving hundreds of older adults and

persons with disabilities with complex care needs without needed care and supports; and

     WHEREAS, The American Rescue Plan intends for states to expand and strengthen

home and community-based services funded by Medicaid through an enhanced federal matching

rate and to supplement state investments; now, therefore be it

     RESOLVED, That there is hereby appropriated, out of money in general revenue, the

sum of seventeen million and seven hundred thousand dollars ($17,700,000) ($38.6 million in all

revenues) in addition to other state and federal investments, for the purposes of increasing home

care provider reimbursement rates to be used for wage pass through to direct care staff, and for

increases in payments to direct care workers hired by consumers through self-directed care

programs in order to promote fair, competitive, and equitable compensation for these essential

LC005118 - Page 2 of 4

and valuable workers.

========

LC005118

========

LC005118 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

J O I N T   R E S O L U T I O N

MAKING AN APPROPRIATION OF $17,700,000 FOR THE PURPOSES OF INCREASING

HOME CARE PROVIDER REIMBURSEMENT RATES TO BE USED FOR WAGE PASS

THROUGH TO DIRECT CARE STAFF AND FOR INCREASES IN PAYMENTS TO DIRECT

CARE WORKERS HIRED BY CONSUMERS THROUGH SELF-DIRECTED CARE

PROGRAMS

***

     This joint resolution would authorize the appropriation of the sum of $17,700,000 in

order to increase home care provider reimbursement rates, and for increases in payments to direct

care workers.

========

LC005118

========

LC005118 - Page 4 of 4