Our View of the Legislature: the Budget

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Senate and House negotiators have announced their proposed deal for the state’s budget for Fiscal years 2021 and 2022.  (They were, of course, far behind schedule, as the session was supposed to end this past Saturday.)  Legislators are now reviewing the deal and expect to have final votes in both houses on Thursday.

After both the Senate and the House of Delegates have their votes, the budget will then go to the Governor, who can make “line item” amendments (changes to specific items in the budget), can veto the entire budget or can accept the entire budget as is.  We expect that the Governor will make line item amendments.

The legislature will then reconvene in mid April to debate any changes made by the Governor.  So, in short, there is still a long way to go.

There are a few items in the budget proposal, or missing from the budget proposal, that could be problematic:

  • Adjusts the “special earnings allowance” under Medicaid (but not sufficient to allow people to have higher earnings before it impacts their health care)
  • Authorizes the sale of Southwestern Virginia Training Center to a “health care company.”
  • Adds only $425,000 each year to Centers for Independent Living (we had hoped for twice that amount.)
  • The language requiring a study of the effectiveness of mental health courts does not seem to have survived the conference negotiation
  • Proposed additional funding for vocational rehabilitation services does not seem to have survived the conference negotiation
  • The language prohibiting the state from moving any additional populations into managed care does not seem to have survived the conference negotiations

Nonetheless, there are many very positive items in the budget that came from the negotiators on Sunday including, for –

Developmental Disabilities

  • Adds more than $40 million dollars a year to the budget, in state and federal funds, to allow for an increase in provider rates in the Medicaid waiver program
  • Add 250 Family and Individual Support waiver slots in 2022, for a total of 465
  • Adds 250 Waiver slots in 2022 (significantly less than needed!)
  • Adds a Medicaid benefit for adult dental services

Mental Health

  • Removes the request to put additional beds at Catawba Hospital
  • Funds 1000 additional slots for Permanent Supportive Housing
  • Directs DMAS and DBHDS to continue to plan for a Medicaid waiver to provide services for people with serious mental illness
  • Allots $150,000 each year to provide transportation for individuals in state hospitals who require transportation to their homes after discharge
  • Increases the reimbursement rate for children’s psychiatric residential treatment programs
  • Establishes a work group to review the regulations regarding mental health peer recovery services, a work group to review the provision of personal care and respite services, and a work group to study the redesign of behavioral health service

Brain Injury Services

  • Adds $1 million each year to increase brain injury related services

Independent Living

  • Directs DMAS to be able to pay personal care attendants overtime
  • Increases the rate for personal care, respite care and attendant care by 5% in the first year and additional 2% in the second year
  • Exempts live-in caretakers from the electronic visit verification requirements

We are available to educate policymakers about the impact of their decisions on the lives of people with disabilities. The mission of the disAbility Law Center of Virginia is to advance independence, choice and self-determination; protect legal, human and civil rights; and eliminate abuse, neglect and discrimination of people with disabilities through zealous and uncompromising legal advocacy and representation.