In this Issue:

  • Legislative Update March 3, 2010

Legislative Update March 3, 2010

Sen Swindell Meets with NCALA Members

State Senator AB Swindell (D-Nash) met with more than 20 assisted living providers at NCALA offices February 23. His candid comments gave the audience a clearer perspective of the challenges lawmakers face as they address their constituents' and communities' needs.
Sen Swindell shared that his service in a variety of public service and personal roles gave him a special appreciation for the work done by NCALA members. Sen Swindell is currently a co-chairperson of the Aging Study Commission and of the Senate Appropriations Committee. He has been a caretaker of several family members for many years. Sen Swindell commented that he has great respect for assisted living providers because he knows "that you all have the tough job of 'taking care of mama.' We all know that no one can take care of mama like we would take care of mama. In reality, you all do more than any family member knows or appreciates."
Audience members shared their perspectives of the challenges they face in "caring for mama," complying with overly burdensome inspections, regulations and inadequate payment. Sen Swindell commented that he believed that government plays a role in protecting the public, but can be a part of the problem; that government should not get in the way of providers doing a good job.
NCALA thanks Sen Swindell for sharing his thoughts with members and for his service on behalf of all North Carolinians.

Forecast Stalls Bleak Revenue System over North Carolina

General Fund Report and Economic Outlook February, 2010 was released by the Legislative Fiscal Division and forecasts a prolonged recession-like environment throughout the current fiscal year. The General Assembly's Chief Economist, Barry Boardman, PhD, indicated that Revenues through January are $35 million short of forecast and that estimated payments are down about 5%. He acknowledged that one-time payments from corporate taxpayers are keeping revenues artificially close to projections. Consumer confidence continues to be low, due to climbing unemployment rates and the chronically unstable job market. North Carolina's economic recovery struggles to take root. Lawmakers will face mounting budget pressures because prolonged economic weaknesses will affect revenue collections for the remainder of the fiscal year. To see the complete report, please visit: http://bit.ly/d4gd2d.
At the same time, 2010 is an election year. Lawmakers will resist any changes to the tax code that could be spun as tax increases. Without adequate budget revenues coming in, lawmakers will look to keep to the constitutional mandate to maintain a balanced budget through program cuts. Many of those cuts will impact programs that serve those who need assistance due to unemployment or underemployment. Lawmakers typically look to cut the most expensive programs first and many of those reside in the Department of Health and Human Services.
NCALA members should look for every opportunity to meet with legislators to ask them to do everything possible to spare further cuts to adult care homes who serve low-income seniors. Such adult care homes receive state reimbursement to cover less than 65% of their costs. Despite that, adult care homes suffered Medicaid cuts along with other providers, but the impact of those cuts affected adult care homes disproportionately because the Medicaid ACH PCS program was underfunded for so long.

Aging Study Commission Meets

The North Carolina Study Commission on Aging met February 4 and February 25. Links to the information referenced here and presented at both meetings are posted below:

Meeting Summaries

Committee members spent much of the February 4 meeting considering the In-home Personal Care Services program, which has been under scrutiny by DHHS, CMS, legislators, and the news media. Industry representatives have filed lawsuits against DHHS, enjoining the department from implementing cuts approved during the 2009 legislative session. The committee also heard presentations on the sustainability of North Carolina's Adult Day Care program and on hearing loss issues as they affect older adults.
At the February 25 meeting, Committee members spent most of the meeting considering the training, regulation and scope of practice of Nurse Aides in the variety of health care settings in which they serve. Presentations from the Health Care Personnel Registry, the Board of Nursing, and the Direct Care Workers' Association covered issues that explain where Nurse Aides work, how they are trained and regulated. Friends of Residents in Long Term Care presented testimony about what members of that association perceive as shortcomings in the profession. Following those presentations, Committee members considered how older drivers' fitness for driving is assessed and whether North Carolina's older drivers' assessments should be changed.
The next meeting of the North Carolina Study Commission on Aging is scheduled for March 4 at 10 am in Room 544 of the Legislative Office Building, located in Raleigh on the corner of Lane and Salisbury Streets. All meetings are open to the public.
 

In this Issue:

  • Legislative Update February 2, 2010

Legislative Update February 2, 2010

Interim Study Commissions Meet

January 2010 began a new year and with it came a flurry of legislative interim commission meetings.

Aging Study Commission

The North Carolina Study Commission on Aging is pursing an aggressive schedule with meetings being held twice a month. The first meeting, January 7, featured reflections on last session’s activities on legislation of interest to seniors and updated statistics on the state of seniors at present and in the future. The materials presented during the January 7 meeting can be viewed online at: http://bit.ly/aKvF1d.
At the next meeting, January 21, Commission members heard from Dennis Streets, Chief of the Division of Aging and Adult Services, who offered an extensive presentation on the state of services for seniors, trends and opportunities for public and private programs. Commission members also heard an update on the state’s star rating system for adult care homes. They also heard a report from Jeff Horton, Interim Chief of the Division of Health Services Regulations, on the prospect of expanding the star rating program into other programs that affect seniors. The materials from the January 21 meeting can be viewed online at: http://bit.ly/aDEGN3.
The next meeting of the North Carolina Study Commission on Aging is scheduled for February 4 at 10:00 AM in Room 544 of the Legislative Office Building, located in Raleigh on the corner of Lane and Salisbury Streets. All meetings are open to the public.

Joint Legislative Commission on Governmental Operations

On January 20, DHHS Secretary Lanier Cansler explained to legislators that the department is unable to achieve the targets set in the 2009–2011 budget, and that the shortfall would be at least $400 million. That amount could grow as unemployment continues to rise. The Department’s efforts to implement changes have been stymied by the federal government’s inability to approve the numerous plans submitted not only by North Carolina, but all other jurisdictions in the United States that are facing the same economic problems that are driving the need to provide Medicaid services more cheaply and efficiently. A copy of the letter he sent to legislators regarding this issue is available here: January 2010 Cansler letter.
The General Assembly’s Chief Economist, Dr Barry Boardman, presented his latest economic outlook to the Joint Legislative Committee on Governmental Operations on January 19. The complete report can be viewed at: http://bit.ly/94geyO.
Dr Boardman states that, while economists continue to believe that North Carolina’s path out of the economic doldrums will outpace the nation’s, the nation will likely spend a longer time there than first expected. Full recovery is not anticipated until sometime in 2012. Dr Boardman states that the short session’s budget discussions will commence with lower-than-budget revenue collections, despite the 1¢ sales tax increase. In addition, strains on assistance programs---such as Medicaid---will continue as job losses push North Carolinians into poverty. North Carolina’s joblessness rate skyrocketed to an all-time high of 11.2%. Consider that 31,000 North Carolinians lost their jobs in December of 2009. A complete listing of the information presented at the January 20 meeting can be seen at: http://bit.ly/aDmXgt.

Legislative Retirements/Resignations Continue

As the February beginning of the filing period for state races draws nearer, more and more legislators are announcing that they will not seek reelection. At the same time, a number of resignations already occurred since adjournment, the most prominent of whom is former Senate Majority Leader Tony Rand (D-Cumberland). Cumberland County Democrats selected State Representative Margaret Dickson (D-Cumberland) to serve out the rest of the term. She will run for his seat. Other recent retirements include the following legislators:
  • Sen RC Soles (D-Columbus)
  • Sen Jim Jacumin (R-Burke)
  • Sen David Hoyle (D-Gaston)
  • Sen Julia Boseman (D-New Hanover)
  • Sen Eddie Goodall (R-Mecklenburg)
  • Rep Curtis Blackwood (R-Union)
  • Rep Melanie Goodwin (D-Richmond)
  • Rep Robert Grady (R-Onslow)
  • Rep Jim Gulley (R-Mecklenburg)
  • Rep Sarah Spaulding Hughes (D-New Hanover)
  • Rep Carolyn Justus (R-Henderson)
  • Rep Wil Neuman (R-Gaston) running for Sen David Hoyle's seat
  • Rep Ray Warren (D-Alexander)
  • Rep Laura Wiley (R- Guilford)
For more information about the North Carolina General Assembly, or to identify your legislators, please visit www.ncleg.net. For more information on these and other legislative issues, please contact NCALA, or Evelyn Hawthorne by e-mail: evelynhawthorne@nc.rr.com or by phone at (919) 523-9096.

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