Administration Update: Executive Budget, Conflict of Interest Provision

Executive Budget Process

State flag with the words - Blueprint for a New Ohio, Gov. John R. Kasich's Fiscal Years 2016-2017 Budget

June 16, the Senate Finance Committee released the Omnibus Amendment to the 2016-2017 Executive Budget. Several changes were made to provisions affecting D

ODD. Those changes include:

  • Rate Increase for Direct Care Staff: The language that would phase in the 6 percent rate increase for Homemaker Personal Care (HPC) was removed. New language authorizes the Director to implement a 6 percent increase between January 1, 2016, and June 30, 2017, subject to the availability of funds. This gives the Director the ability to implement the full 6 percent rate increase as long as funds are available.
  • General Funding: DODD’s budget was restored to the As Introduced version, plus $8 million (FY2016) and $12 million (FY2017) for the Tangible Personal Property (TPP) earmark. With the Senate reduction of $5 million per year, this is a net gain of $3 million (FY2016) and $7 million (FY2017) over the As Introduced version.
  • Developmental Center Closure Commission: Language inserted in the Senate Omnibus Amendment requires that the Closure Commission be appointed within seven days of announcement, or the effective date of the legislation for current pending closures. It also clarifies that the Closure Commission would apply to the Montgomery and Youngstown and Developmental Centers. The Commission would review the closure of Montgomery and Youngstown Developmental Centers – the Commission would be appointed within seven days of the effective date of the legislation, which is 90 days after the Governor signs the budget.

Last week, the full Senate voted on House Bill 64, approving the changes made in the omnibus amendment. The Budget currently is being reviewed by Conference Committee. After Conference Committee amends, as needed, and approves HB 64, the full House and Senate will vote on the Conference Committee report before it is sent to the Governor for his signature. The Governor is required to sign the budget by June 30.

New tools explain how budget will benefit Ohioans

New tools explain how the Executive Budget moves Ohio forward. The new tools include:

Conflict of Interest Provision: CMS Approves Extended Timeline for Compliance

The federal Centers for Medicare & Medicaid Services (CMS) recently granted the State an extension to come into compliance with the Conflict of Interest provision. The regulation, released by CMS last year, states that providers of Home and Community-Based Services (HCBS) cannot also provide case management. CMS asked for a plan as to how Ohio would come into compliance.

As a part of that plan, the State asked for more time than CMS had originally given to come into compliance. CMS recently approved the extension, and the State has until 2024 to meet the requirements. This is positive, and allows more time for individuals and County Boards to transition, and to build up provider capacity.

What this means:

  • Individuals who already, or are scheduled to, participate in County Board programs can continue to do so until 2024.
  • County Boards will have nine years to help individuals who receive services from the County Board transition to new providers.
  • County Boards can continue to provide services to an individual when no other qualified (certified) provider is willing to do so; CMS will require documentation to support the fact that no qualified provider agreed to serve the individual.

DODD and County Boards will work together to ensure a smooth transition. Service and Support Administrators (SSA) will work one-on-one with individuals to help them select new providers, and plan for a safe transition.