Saturday, June 6, 2020

June 6, 2020 Legislative Update


Water, water everywhere, nor any drop to drink.
That line from Samuel Taylor Coleridge’s “The Rime of the Ancient Mariner” has come to mind repeatedly for me over the past several weeks as we face huge deficits in our budgets despite having that $1.25 billion in federal COVID-19 bailout money. We have received far more from the Coronavirus Relief Fund (CRF) per person than most states, because the “small states” formula places a minimum amount in fund distributions. But the money is tightly limited to use for expenses caused by COVID-19 and to be fully expended by December 30.
It very explicitly is not permitted to be used to make up for revenues we’ve lost, or to pay for anything that was already in our usual state spending. Best guesses at this point put our lost revenues for next year’s budget at $400 million. Making up for that could result in very severe cuts to state services of all types.
There is a hope that Congress might relent and allow some of the CRF money to go directly to the bottom line for state budgets. For that reason, the legislative leadership has made the decision to hold back on spending $400 million of our CRF funds for several months, so that in September when we build the budget for October-July, the cash will still be there if it turns out we can use it.
The Governor is proposing getting all the relief funds out the door as soon as possible, because both businesses and our health care system are in deep financial trouble and need it to keep the doors open. That means the big chunks of spending proposed by the Governor in contrast to what the legislature is considering differ significantly, even though many priorities are similar.
Of the $1.25 billion, $275 million has been spent or committed already for urgent needs. The administration has proposed relief packages of $400 million for economic stabilization to help small businesses get back on their feet and restore jobs. The governor’s second major package was proposed this week: about $330 million more for health care providers at all levels, from hospitals to independent practices to nursing homes to community mental health. That’s getting pretty close to the full amount, but the governor has not spelled out other proposals yet.
This week, the House Speaker listed out assignments for our committees, with one week to make our recommendations to our Appropriations Committee on how to use the money so that we can pass a bill and get it to the Senate. Her figures show a total of $575 million to be allocated in our “Phase 1” of rescue money after deducting the $275 million “already spent” and the $400 million in reserve.
My committee’s allocation for health care is roughly $175 million for health care, with another $100 million for “Phase 2,” if we learn by September that we still have not gained authority to use CRF money in the regular budget. We haven’t been told exactly what the other committees have been given to work with, other than that the economic development money is the other major bucket (in line with the governor’s priorities), and that Human Services, Energy and Technology, and Agriculture also have significant pieces of it for elements not included in the governor’s plans. These are for such areas as child care, housing and broadband development.
The biggest immediate impact of the different approaches between the governor and the legislature – that $400 million reserve amount – was evident this week when we voted on the first quarter state budget. This budget only covers from July through September so that we can have more certain numbers before creating the full budget. The governor, based on current best estimates, proposed cutting spending from last year by eight percent across the full year. That would amount to bigger cuts than that, because upward pressures such as the state employees negotiated salary increases will cut into it as well.
The House budget proposes level funding instead (which will still mean a hiring freeze), with a key argument that we shouldn’t begin making cuts when we still know so little about our financial picture and how quickly the economy might begin to rebound. What that means is that come September, if Congress doesn’t change current rules so we can’t use the reserved $400 million, and the economy doesn’t perk up more than currently estimated, that eight percent in cuts will have to be spread over nine months instead of 12. That level of cuts would be even more devastating to state services, with more layoffs and greater reductions in every part of government.
Although I believe it is right to hold back that $400 million “just in case” we can rescue our budget with it, I think that’s a long shot. I think it’s an even bigger long shot to think our revenues will do better than expected. So, I did not vote to support the first quarter level-funding budget. I was only one of five who did not go along with our Appropriation Committee recommended budget, which had been a unanimous proposal by the committee.
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My committee has until Wednesday to propose how to spend the health care portion of the federal relief money. A coalition of providers has aligned with the administration’s proposal that it all go into one big bucket that the administration will dole out on needs-based criteria through a grant process.
In some ways, given the federal limits, it’s the only way to go. Whether it’s $175 million or $330 million, it still isn’t nearly enough to make up for the costs of gearing up for COVID and the amount of health care revenues lost. When your dentist’s office had to close, it had zero revenue, just like with any other business. However, as essential as our entire business community is, we particularly can’t let our health care providers go out of business or have hospitals close down.
My committee is looking at whether we can carve out small pieces of the money for direct aid to people who have lost income and can’t pay for a doctor’s visit and for some initiatives to begin to address health disparities. Our access to health care is inequitable and thus health outcomes worse, when it comes to minority populations: our Vermonters of color, migrants or immigrants, people with disabilities, and those in the LGBTQ community.
“Small pieces of money”: what a strange new world we are in, because for CRF money that might mean $5 million. In our typical budget, we debate over programs that cost less than $100,000, and we will be back at that when we start looking at cuts in September.
“Water, water everywhere, nor any drop to drink.”
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A few pieces of other business go on. I presented our health care committee bill on the (virtual) floor last week. It was pared down from the 13 initiatives we had been working on prior to March to the five we considered most essential.
I’m particularly glad about one, because it’s the first step towards addressing a real thorn-in-the-side for doctors: the pre-authorizations required by insurers for certain tests or specialty referrals that add heavy administrative costs. The bill puts insurers to work at developing two changes: cutting out the requirements for services that are virtually always approved and cutting out requirements for doctors whose requests are virtually always approved.
Other main components in the bill included establishing a council to implement the recommendations in a 10-year vision plan for finally fully integrating mental health into a holistic (mind-body) health care system. The plan was developed after “listening sessions” across the state and intensive work by stakeholder who provide and receive mental health care. This council will be focused on bringing the rest of the health care system to the table to review how to achieve the goals.
Finally, the bill adds some quality oversight requirements for the Brattleboro Retreat. We have needed to bail it out financially, repeatedly (even pre-COVID) because it provides more than half the inpatient psychiatric care in the state. There was $7 million more in April and another $10 million coming in July. But there have also been repeated quality concerns. This is Vermonters’ money being spent; we want to protect the quality of care Vermonters receive there.
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Please continue to stay in touch with me and with Rep. Ken Goslant. We’re both here to serve you, so contact us with questions or issues of concern. You can reach us anytime at adonahue@leg.state.vt.us or kgoslant@leg.state.vt.us.

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