House passes budget with cap on county Medicaid costs and $35 million in targeted relief

Heeding county commissioner pleas for Medicaid relief, the House passed its version of the state’s 2006-07 budget by including a permanent cap on county Medicaid costs at 2005-06 levels and one-time targeted relief of $35 million. All tolled, the House sets aside $53 million in county Medicaid relief. By a vote of 90-30, the House completed its $18.9 billion budget in record time with the third and final reading on June 15. The House proposes a $0.025 decrease in the state sales tax rate and reduces the upper income tax bracket by 0.15 percent, effective Jan. 1, 2007. Both of these taxes are scheduled to return to pre-2001 levels next July. Like the governor and Senate versions, the House’s budget emphasizes community mental health improvements, new court funding initiatives and higher salary increases.

The House’s Medicaid relief package caps county Medicaid costs at a county’s actual 2005-06 Medicaid expenditure, and keeps it at that level “regardless of growth in Medical Assistance Program expenditures for the 2007-08 fiscal year and thereafter” (Sec. 10.9E). Furthermore, the House appropriates $35 million in one-time targeted relief monies, which are allocated based on a county’s Medicaid eligible population. Forty percent ($14 million) is allocated to those 20 counties with Medicaid-eligible populations equal to or greater than 25 percent; 55 percent ($19.25 million) is allocated to those 65 counties with Medicaid-eligible populations between 15 and 25 percent; and 5 percent ($1.75 million) is allocated to those 10 counties with Medicaid-eligible populations less than 15 percent (Sec. 6.12). NCACC offered up this methodology for targeted relief to ensure that those counties hardest hit by Medicaid would receive the greatest help while minimizing a cliff effect.

The House accepts the governor’s and Senate’s recommendations to reduce the Highway Trust Fund transfer to the general fund by $195 million, thereby increasing funding available for road construction. While forgoing a cap on the gas tax, it does provide a tax credit for small business health insurance. By statute, the state’s Rainy Day Fund receives 25 percent of the credit balance or $324 million, while the House sets aside $211 million for the state’s renovations and repairs, splitting the difference between the governor and the Senate.

The House also accepts the governor’s “reprogramming” of the $212 million in state proceeds from the state lottery to pay for teacher salary increases and high school improvements and accepts the governor’s full funding for Low Wealth. It agrees with the Senate to restore the $44.3 million in school discretionary cuts but excludes the $26.7 million in disadvantaged student funding recommended by both the governor and the Senate. Like the governor and the Senate, the House leaves intact corporate tax receipts flowing to the ADM Fund. The House identifies $40 million in capital funds for community colleges.

The House follows Senate and gubernatorial recommendations to increase teacher salaries by an average of 8 percent, including a step increase plus a flat $2,250, to bring their salaries above the national average by 2008-09. The House also adds a new top step to the teacher salary schedule to encourage teacher retention. School administrators would receive a 7 percent increase. All state-funded non-certified school employees would be paid at least $20,112, comparable to the minimum salary set in 2005-06 for other state employees. State employees would receive 5 percent with a $300 one-time bonus, while university and community college faculty and professional staff would get 6 percent, with a $600 one-time bonus for community college faculty. In all, state salary enhancements would consume nearly $700 million of the general fund. State retirees would receive a 3.1 percent COLA, requiring a $29.65 million appropriation.

Salary EnhancementsGovernorSenateHouse
• Teachers
• School Administrators
• Other non-certified school employees
• 8% avg
• 7%
• 4%
• 8% avg
• 7%
• 5% w/ $20,112 minimum
• 8% avg + top step
• 7%
• 5% + $300 bonus
• State Employees • 4% • 5% • 5% + $300 bonus
• University
• Community College
• Other non-certified post-k12 employees
• 4%
• 4% + 4%
• 4%
• 6% + 2% 1-time bonus
• 6% + 2% 1-time bonus
• 5%
• 6%
• 6% + $600 bonus
• 5% + $300 bonus
• Retirees • 3.7% • 3% • 3.1%

The House was adamant about limiting its special provisions to those that direct state spending, thereby excluding the Senate’s provisions to raise the minimum wage from $5.15 to $6.15, to impose a moratorium on new landfills for 18 months and to move the state’s 457 Plan from the Department of Administration to the Department of State Treasurer, which currently administers the state’s 401(k) Plan. The House passed the minimum wage increase in a separate bill.

Of special interest to counties, the House proposes additional funding for schools, mental health, courts and private well testing, and sets aside $20 million for emergency disasters. These and other items are outlined below.

Education

Much of the House’s new education dollars are targeted at increased enrollment in public schools, community colleges and universities. The state expects more than 38,000 new K-12 students next year, nearly doubling its original estimate for growth. The House accepts Easley’s call for full funding of the low-wealth formula but rejects additional funding for disadvantaged students. Like the Senate, the House’s budget supports the governor’s emphasis on high school performance by expanding the Gates Foundation’s Learn and Earn program, his virtual high school initiative and his high school within a high school program.

Funding is provided to restore the $44.3 million in the LEA negative reserve, and a special provision clarifies that LEAs can seek local sales tax refunds (Sec. 7.20). The House rejects the governor’s recommendation to move “More at Four” from the Department of Health and Human Services to the Department of Public Instruction. The House also rejects the Senate’s provision that would require community college and university enrollment be made a part of the continuation budget, rather than as expansion items.

Public School ExpansionGovernorSenateHouse
• Fully fund enrollment increase of 38,103 additional students – 18,363 above budget • $76.3M in expansion • Same • Same
• Provide ABC teacher bonuses at current incentive levels • $90M • Same • Same
• Pilot salary supplement for math and science teachers • No • $515k
• $15k supplement per teacher
• No
• Fully fund low wealth formula • $41.9M • No • Governor
• Restore LEA negative reserve • No • $44.3M • Senate
• Increase disadvantaged student supplemental funding
• All LEAs eligible for DSSF; earlier approps to 16 Leandro LEAs
• $26.7M • Same • No
• 21st Literacy Coaches – 100 coaches in 100 middle schools to assist teachers for curricula development of 21st century skills • $4.8M • Same • No but Sec. 7.13 calls for low wealth & other funds for this purpose
• Continue and expand Learn and Earn high school initiative from 13 to 34 high schools; 20 planning grants • $8.2M
• $1.5 nr
• Same • Same • $1.4 nr
• Continue and expand Specialty High Schools from 11 to 32; 10 planning grants • $3.8M
• $662k nr
• Same • Same
• Implement NC virtual public schools • $2.6M
• $189k nr
• Same • Same
• Increase school connectivity funding • $4M nr • $3M nr • $6M nr
• Restore assistant principal allotment • No • No • $1M
• Increase exceptional children funding by $5.87 per child • No • No • $1M
• Replace civil penalty & forfeiture fund shortfall – collections did not meet projections • $30M • Same • Same
• Reserve for diesel fuel costs • $16.4M nr • Same • $13.8M nr
• Expand More at Four – add 3,200 slots and increase $200 per slot funding; 18,653 total slots if approved; move from DHHS • $17.9M • Same • $15M in DHHS
• $3M to Smart Start More at 4


Community College ExpansionGovernorSenateHouse
• Fully fund enrollment growth (NCACC goal for enhanced funding) • $7.0M • Same • Same
• Establish grant program for construction projects • No • No • $40M nr
• Fund unrealized tuition receipts • $8.2M • $10M • $10.75M
• Provide additional funding for equipment needs • $11M • $10M • Senate
• Kannapolis Research Campus • No • $3.4M • $1.7M • $504k nr
• NC Military Business Center • No • $1M nr • $750k nr

Human Services

The House accepts the governor’s lowering of the state’s 2006-07 Medicaid costs by $150 million based on higher federal payments, greater federal drug costs coverage, and lower overall expenses from the General Assembly’s cost containment efforts. Since the $150 million was already a part of the base budget for 2006-07, these freed-up monies are being used to support county Medicaid relief, provider inflationary increases and other expansion items found elsewhere in the budget.

The House’s budget also provides additional funding to get mental health reform back on track. The House recommends $120.7 million in increased spending, including $24.2 million for the Mental Health Trust Fund (no required set-aside of the alcohol excise tax), $29.6 million to expand community capacity (other dollars in trust fund), $12.5 million for housing, and $4 million to expand substance abuse treatment at ADATCs. New state dollars would support the 5,500 developmentally disabled clients who were threatened with the loss of Medicaid services or place these in new CAP-MR/DD slots. The House concurs with many of the governor’s “Healthy Families” initiatives by adding millions more for child care subsidies, foster care, early intervention and universal vaccines.

Counties will be asked to enforce statewide private water supply well construction standards, and funding is recommended for state technical assistance and water testing. Legislation requiring mandatory eye exams for children entering public schools is kept, in opposition to the Senate’s recommendations.

Human Services ExpansionGovernorSenateHouse
• Cap county Medicaid share • No • No • $18M
• Provide for targeted county Medicaid relief • No • No • $35M
Medicaid expansion items:
• Budget provider rate inflationary increases
• Increase cap-mr/dd slots by 200
• Increase rates for skilled nursing facilities
• Budget in-home services rate adjustment
• No • No
• $20M
• $3M
• $3M
• $3M
• County increase if no cap = $5.1M
• Increase State/County Special Assistance rates from $1,118 to $1,132; Oct. 1, 2006 • No • No • $3.5M
• Counties match at same cost
• Increase aged in-home services through Home and Community Care Block Grant • $3M • Same • $4M
• Increase adult day care rates by $5 per day • No • No • $1M
• Match federal funding to get antiviral stores for first responders • $190k • Same • $653k
• Includes front-line health workers
• Provide additional school nurses (NCACC legislative goal) • $3.3M to support existing time-limited • $4.5M for time-limited and 25 new positions • Governor
• Fund influenza and pertussis booster as additional vaccines in universal vaccine program • $6.5M • Same • $4.5M
• No pertussis
• Expand early intervention program to handle 270 percent increase in referrals • $7.1M • Same • $8M
• $6.3M from Golden Leaf Foundation
• Provide grants to close health disparities • $2.1M • $1.9M nr
• $100k r
• $2M
• Reinstitute school dental program • $649k • $390k nr • Governor
• Fund state lab to test private well water based on county enforcement of well construction standards • $344k • $226k nr • Senate
• Expand mental health community capacity for substance abuse, crisis, and transitional services • $16M • Funding in other categories • Funding in other categories
• Increase funding for Mental Health Trust Fund • $15M nr • $5M nr
• $9.4M r from 5% of alcohol excise tax
• $24.2M nr
• Directs $9.2M use for community programs
• Equip central regional psychiatric hospital • $1.7M
• $20M nr
• Funded through COPs
• COPs also available for eastern regional
• Awaiting finance committee action on COPS
• Renovate and staff alcohol drug abuse treatment centers (ADATC) to expand detox capacity • $5.2M • Same • $4M
• Excludes one ADATC
• Continue services for 5,500 developmentally disabled clients threatened with loss of federal Medicaid coverage • $29.4M • Same • $25M
• $1.4M nr
• Increase LME mental health services; special provision allocates funding based on LME’s percentage of the State's total population that is below the federal poverty level (Sec.10.33A) • Total of $16M made available for all community mental health • $8M • $7M
• $1.5M nr from Trust Fund
• Increase LME substance abuse services; see above for allocation • See above • $8M • $7M
• $1.5M nr from Trust Fund
• Provide for 400 disability apartments, operating subsidy • No • $11.3M nr
• $1.2 r
• $10.6M nr
• $1.2 nr operating in Trust Fund
• Fund operations and expenses for 12 group home beds and 93 apartments via HUB 811 • No • $713k r
• $370k nr
• $635k r
• $330k nr
• Revised estimates
• Recruit psychiatrists through AHECs to rural and underserved areas • No • $1M for recruitment • $500k nr for training
• Provide LME crisis service start-up expenses • See note above • $5.3M • Same
• Increase LME crisis services • See note above • $9M
• Distribute per capita
• $5M
• $3M nr from Trust Fund
• Distribute per poverty
• Increase LME funding for psychiatrist access • See note above • $9M
• Distribute per capita
• $3M r
• $2M in trust fund
• Funding not to LME but DHHS
• Help LMEs via DMH/DD/SAS planning consultants • See note above • $1.1M nr • $925k nr
• Create LME strategic assistance team • See note above • $300k • Same but in Secretary’s office, not MH
• Fund 18 care coordinators to work with child and family teams • No • No • $524k r
• Cover state costs only to implement federal licensing requirements for foster care by relatives; substantial county costs are also expected • $2.0M • Same • Same
• Increase foster care and adoption assistance payments • $10.2M • Same • Same
• Funds 21 positions to assist county implementation of MRS • No • No • $421k
• Increase child care subsidy to serve 2,939 more children; total kids served = 99,444 • $20M • $20M
• Increases rates with 1,700 kids served
• $15.1M
• Additional funds from TANF block grant
• Increase Smart Start funding • $10M • $14M • $7M
• $3M from lottery
• Increase funding for community health center grants-in-aid • No • No • $3M nr
• Fund grants for rural hospital operations and maintenance • No • No • $3M nr

Two special provisions contained in the House budget are especially troubling for counties. Sec. 5.1(s) would require counties to replace any lost TANF federal funds if North Carolina is penalized for not meeting work participation rates. The Senate called for using $19.6 million in the federal TANF block grant for county demonstration grants to improve work participation rates (Sec.5.1(n)). Sec. 10.36 would require counties to match reallocated state/federal day care subsidies by 25 percent for allocations in excess of $25,000, netting the program an additional $2.8 million in county funds. Currently, day care funding is a state/federal responsibility. The House concurs with requiring community health centers to provide after-hours access in order to qualifying for grants (Sec.10.16), and including fees charged to subsidized parents in setting child care subsidy rates (Sec.10.34).

Like the Senate’s budget, numerous special provisions address mental health reform – many of which implement the LOC’s recommendations. While the Senate is more prescriptive, the House, in keeping with its rule to limit special provisions to those directing fund expenditures, has embedded many of these in separate legislation. Both chambers direct hiring a consultant to help LMEs to organize crisis services but the House requires the consultant to develop an urban and rural model for continuum of crisis services while the Senate authorizes the LMEs to organize themselves into 21 crisis regions (Sec. 10.26). The House is less prescriptive regarding departmental state mental health reform plans and performance measures but both houses follow LOC recommendations to have consultants help the division implement standard forms, contracts, and processes for all LMEs (Sec.10.28).

Justice and Public Safety

The House concurs with the Senate in funding the governor’s “Secure Communities” initiative by funneling tens of millions for additional judicial staff, assistant attorneys, and deputy clerks of courts to handle case backlogs. Counties are required to find and fund office space for these additional state workers. Millions more will support new and expanded technologies such as the upgraded Statewide Fingerprint Identification System (SAFIS) and new courtroom and criminal history information systems. The House does not include the $10 million for the voice interoperability project (VIPER).

Justice and Public Safety ExpansionGovernorSenateHouse
• Total new local court positions • 213
• Most effective Oct. 1, 2006
• 231
• Most effective Jan. 1, 2007
• 231
• Add 90 new assistant district attorney positions and nine legal support • $5.7M
• $416k nr
• Same, different start date • Governor
• Add 75 new deputy clerks of courts • $2M
• $184 nr
• Same, different start date • Governor
• Add seven new district court judges and five new support staff • $837k
• $97k nr
• 16 new judges and five support • 13 new judges and five support
• Add six new magistrates • $181k
• $25k nr
• Same, start July 1, 2006 • Senate
• Add 7.75 custody mediation staff, three drug treatment staff, and eight new guardian ad litem staff • $998k
• $71k nr
• 13 new guardian ad litem and same others • 10 new guardian ad litem and same others
• Split prosecutorial district 19B • No • No • $352k
• Effective Jan. 15, 2007
• Implement statewide warrant repository (NCAWARE), eCourt, eFiling, electronic payments, electronic traffic court, and enhance eCitation and casewise • $4.5M
• $1M nr
• $5.5M
• $1.9M nr
• Governor
• Establish Wake County family court • $175k • $236k
• Same Wake
• Two additional Cumberland and Mecklenburg
• $575k
• Same as senate with additional district
• Increase juror fees • No • No • $500k
• Begin replacement of statewide automated fingerprint ID system • $72k
• $1.9M
• Same • Same
• Continue implementation of VIPER – statewide 800 megahertz voice system
• Appropriation through Highway Fund
• $10M nr • Same • No
• Increase Juvenile Crime Prevention Council funding • $500k • No • No
• Replace lost pre-trial release funding • No • $400k • No
• Restore funding for Criminal Justice Partnership program • No • $1M • $500k
• Increase inmate capacity at Brown Creek, Harnett, Lumberton, Dan River, Tillery and Tyrrell • $1.5M
• $864k nr
• Same • Same
• Increase emergency management staffing, search and rescue and swiftwater rescue teams, hazmat response teams • $2.2M • $1.2M, most nr • $1.5M, most nr
• Provide funding for local government gang intervention and suppression via Governor’s Crime Commission • No • No • $1.5M nr

Natural and Economic Resources

The House concurs with the Senate in accepting the governor’s proposal for a private well water safety program by having counties enforce statewide private water supply well construction standards. The House does increase public water systems’ annual operating permit fees to strengthen state oversight of water quality issues (Sec. 27B.2). No funding changes are requested in the state’s clean water management trust fund with a continuation of $100 million. The One NC Fund — for economic development incentives — would receive $11 million annually, and $5 million is recommended for matching federal program funds for small business development.

Natural and Economic Resources ExpansionGovernorSenateHouse
• Establish private well water safety program by providing technical assistance to county enforcement and incentive grants to counties • $1.1M
• $28k nr
• $271k
• $828k nr
• Senate
• Expand state enforcement of sediment and erosion control • $466k supported by fees • No • No
• Fund 20 percent state match for federal wastewater and drinking water grant match requirements • $6.1M • Same • Same
• Expand state enforcement of illegal solid waste disposal sites • $1.1M supported by fees • No • No
• Begin clean up of contaminated inactive hazardous sites through implementation of $2 per ton tipping fee • $500k supported by fees • No • No
• Provide recurring funding for One NC fund
• Match federal small business innovation
• $10M
• $5M
• Same • $11M nr
• $5M nr
• Provide funds to the advanced vehicle research center • No • No • $7.5M
• Increase funds for land loss prevention project • No • No • $46k
• $250k nr


General Government/Capital ExpansionGovernorSenateHouse
• Make additional funding for the NC Housing Trust Fund recurring (NCACC goal) • $5M • $5M nr • Senate
• Add retirement system service positions • $236k funded through receipts • No • No
• Add Insurance positions to handles questions and complaints on Medicare Part D drug plans • $260k
• $24k nr
• $130k
• $12k nr
• $69k
• $6k nr
• Create cultural sharing and caring program to bring cultural performances to schools and communities • $2M • Same • No
• Increase state aid to libraries • No • $350k • $972k nr
• Repay fourth of five installments to retirement system • $30M nr • same • same
• Reserve funds for disaster recovery • $50M nr • $20M nr • Senate
• Reserve funds to assist families with heating and cooling • $10M nr • Same • Same
• Establish economic development initiatives grant program • No • No • $10M nr
• Provide funds for Wake County acute inpatient psychiatric facility at 2:1 non-state v. state dollars • No • No • $5M nr
• Expand Museum of Art • $40M nr • COPs • Awaiting finance committee
• Fund 35 percent state match for two veterans nursing homes in Asheville and Kinston • $8.8M nr • No • Governor
• Fund backup data center • $24.8M nr • Same • Awaiting finance committee
• Construct new emergency operations center • $8.5M nr • Same • Same
• Match civil works projects for navigation, flood control and beach protection • $18.5M nr • $20M nr • Senate
• Expand Museum of Natural Sciences • $10M nr • No • Awaiting finance committee
• Expand Chimney Rock tract • $15M nr • Same • Awaiting finance committee
• Construct new public health laboratory • $101M in cops • No • Awaiting finance committee

House and Senate conferees have been meeting in appropriation subcommittees this week to hammer out differences in budget expansion line items. Many of the above items showing differences have been reconciled through this process. House and Senate leadership continue work to complete and adopt a state budget by next week’s end. Our counties’ continued advocacy for the House position on Medicaid is crucial.