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State Legislatures and Olmstead: What's New in 2002
Recent Developments and Policy Trends in State
Long-Term Care Systems
Barbara Coleman
November 6, 2002
I. DIVERSE AND FRAGMENTED LONG-TERM CARE SYSTEM
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Only common theme in recent years has been concentration of
long-term care resources on institutional options. But picture
is gradually changing.
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In FY 1990, 90% of Medicaid long-term care dollars went to
institutional care (nursing facilities and Intermediate Care
Facilities for the Mentally Retarded/Developmentally Disabled)
and only 10% to home and community-based services (HCBS).
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In FY 2001, 71% institutional, 29% HCBS.
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Since 1990, HCBS waiver expenditures have increased more
than ten-fold, totaling $14.4 billion in FY 2001.
II. STATE BUDGET DEFICITS THREATEN TO SLOW TREND TO HCBS
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From FY 2000 to FY 2002, states realized about 5% revenue
growth.
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Over the same years, states saw a 25% rate of growth in Medicaid
expenditures. Medicaid is the single largest source of public
funding for long-term care.
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Total Medicaid expenditures increased about 10.6% from FY
2000 to FY 2001 and were estimated to have risen another 13.3%
from FY 2001 to FY 2002.
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Thirty-nine states reported Medicaid shortfalls in FY 2001;
28 states anticipated shortfalls in FY 2002.
III. OTHER DEVELOPMENTS, HOWEVER, SPUR HCBS EXPANSION
A. 1999 Supreme Court Olmstead decision.
States must make "reasonable modifications" in long-term
care programs and services to ensure the most integrated setting
appropriate to the needs of qualified persons with disabilities.
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Forty states had task forces, commissions, or state agency
work groups in 2000 and 2001 to assess their current long-term
care systems.
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Some states like Ohio and Texas developed detailed plans
with specific strategies and goals, timelines and budgets.
Ohio plan contained proposed executive budget for FY 2003
of $145 million for new initiatives and expansion of existing
programs.
B. Other comprehensive planning
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Minnesota Long-Term Care Task Force:
Issued substantive long-term care recommendations in January
2001. Legislature appropriated $183 million for FY 2003 to carry
out some of the recommendations. State expected to downsize
the nursing home industry by 5,100 beds.
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Michigan Long-Term Care Work Group:
Issued series of recommendations in July 2000, which included
proposals for testing four different models of long-term care
in selected regions of the state that build on capitated payment
systems.
C. Systems Change grants
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Centers for Medicare and Medicaid Services awarded grants totaling
$70 million to 37 states and Guam to encourage improvements
in home and community long-term care service systems.
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Grants ranged between $300,000 and $3 million.
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Seventeen states proposed using grants to move people out of
nursing homes who could live in the community (nursing facility
transition grants).
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The most predominant activity proposed by grantees was information,
referral, assessment, and outreach, followed by education and
advocacy.
IV. BUDGET CRISIS STILL MAKES OUTLOOK UNCERTAIN
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Cost-containment measures often target nursing home rate reimbursement.
Many states freeze rates at previous year's level.
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Other strategies: imposing provider taxes, tightening estate
recovery and asset transfer recoupment, and capping enrollment
in Medicaid waiver programs.
V. STATES MAY FOCUS ON QUALITY OF CARE, INCREASING NUMBERS OF
WORKERS
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Minimum staffing ratios for nursing homes - Arkansas, Florida
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New regulations for assisted living - Alabama, Arkansas, New
Jersey, Texas
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Workforce strategies, including wage pass-through laws, career
ladders, training
MINNESOTA
"Reshaping Long-Term Care in Minnesota"
I. LONG-TERM CARE TASK FORCE
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Composed of state legislators and state agency commissioners
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Issued
report and recommendations, January 2001
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Identified six policy directions and 48 strategies. Policy
directions included reducing reliance on institutional care
and expanding community long-term care.
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Listed 15 strategies as priorities for action in 2001 legislative
session, including encouraging voluntary closure of nursing
homes and expanding consumer information and assistance and
ensuring adequate funding for waiver programs.
(See: http://www.dhs.state.mn.us/agingint/ltctaskforce/report.htm)
II. 2001 LEGISLATIVE ACTION
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Appropriated $183 million in additional money for long-term
care (FY2002-03).
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$108 million for cost-of-living increases for nursing homes
and continuing care providers.
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$75 million for expansion of elderly waiver and alternative
care programs and funding of community service grants.
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Increased spending to be offset by savings of $44 million from
downsizing nursing home industry by 5,100 beds (10%).
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Incentives for voluntary closure of nursing homes.
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Actions to stimulate recruitment and retention of workers,
such as loan forgiveness and scholarship programs, internship
programs, and development of web-based training.
III. A YEAR LATER
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Setting benchmarks at county level for measuring progress toward
meeting long-term care goals.
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Award of 100 community service grants, ranging from $20,000
to $250,000 for variety of projects such as caregiver respite
and chore programs to transportation initiatives and home modifications.
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Reduction of 1,000 nursing home beds.
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Development of central information system to connect 211-line
with Senior LinkAge Line for elderly and Minnesota Centers for
Independent Living to share database.
FLORIDA
A Series of Initiatives
I. ON THE NURSING HOME FRONT: INSURANCE REFORM
AND QUALITY CARE
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Mounting lawsuits against nursing homes prompted insurance
companies to threaten to pull out of Florida market.
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2001 Legislature stabilized financial risks for LTC facilities
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Legislature also imposed higher nursing home staffing standards;
set new training requirements for nursing assistants, and increased
penalties for homes with deficiencies.
II. OFFICE OF LONG-TERM CARE POLICY
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2002 Legislature establishes Office of Long-Term Care Policy
in Department of Elder Affairs. Given primary responsibility
for coordinating all state agency policies on long-term care.
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Office to recommend ways to increase availability and use of
noninstitutional settings.
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Office to have 13-member Advisory Council composed of other
state agencies, legislators, and consumers.
III. CONSUMER-DIRECTED CARE
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Participants in Medicaid waiver programs must be allowed to
direct their own care, choose their own providers of services,
and decide how they want services to be delivered.
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Expands existing RWJ Foundation "Cash-and-Counseling"
demonstration to allow all participants to self-direct.
IV. OTHER INITIATIVES
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Planning and development of a statewide information and referral
system using the 211 telephone number.
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Development of a model managed, integrated long-term care delivery
system in one area of the state under the direction of a single
entity to provide health care and social services to elderly
recipients.
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Determining the feasibility of integrating state-funded health
care eligibility determination with information and referral
services through a pilot project.
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Establishing Nursing Home Transition Program to identify nursing
home residents who could live in community to move out of nursing
homes.
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Boosting the budget for the Medicaid elderly and disabled waiver
from $78 million in FY 2002 to $87 million in FY 2003, adding
almost 1,000 more persons to the program.
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Tripling funding for developmental disabilities services since
1998. Between 1998 and 2001, the number of persons participating
in the waiver program for people with developmental disabilities
doubled from 12,000 to 24,000.
TEXAS
A Long-Term Planning Process
I. PLANNING PROCESS BEGUN IN 1999
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Long waiting lists for services, large nursing home population.
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Goal of planning process to expand home and community-based
services.
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Long-term care reform plan, "Promoting Independence,"
issued in January 2001.
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Ambitious goals for making community placements possible for
NH or ICF/MR residents and reducing waiting lists for HCBS.
II. 2001 LEGISLATIVE ACTION
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Allowed nursing home residents to monitor their care with electronic
monitoring devices. (Texas becomes first state to allow these
devices.)
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Created new training requirements for nursing home inspectors.
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Provided funds to expand six Medicaid waiver programs.
III. 2002 LEGISLATIVE ACTION
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$40 Million over two years for workforce recruitment and retention
in nursing homes.
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Increase of $68.6 million for FY 2003 to add 665 new slots
to MR/DD waiver program.
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$63 million earmarked to serve 5,600 persons on waiting lists
for Medicaid HCBS waiver programs.
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Legislative intent that funds be transferred from nursing homes
to community care services as residents relocate from nursing
homes to community settings.
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