Tag: State Budget

Did You Hear That? – September 2024

Federal Outlook

Potential Government Shutdown? Congress Continues to Prove that Doing Nothing is a Challenge

Once again, like every year, we are flirting with another government shutdown. The government is set to shutdown if a final deal or more likely a stopgap measure is not passed. Potential government shutdowns are nothing new now, we have been flirting with a government shutdown every year for what feels like an eternity and once again the potential shutdown is because of image politics.

The biggest holdup that could cause a government shutdown is that House Republican leadership for any stopgap package be tied to presidential candidate Donald Trump-pushed SAVE Act, which would require that people show proof of citizenship to register to vote.

House Speaker Mike Johnson announced this week that he will be holding a vote on his current package, which he previously pulled from the floor, that would fund the government for 6 months, to March 2025, and linking it with the SAVE Act. This package is already expected to fail, with a number of GOP lawmakers, a mix of fiscal conservatives and defense hawks, vowing to tank the package erasing Republicans razor thin majority in the House, 220-211. Some conservatives have stated publicly that they would never vote for a stopgap funding bills, while Armed Services Chairman Mike Rogers, has warned that a half year is too long for military spending to remain stagnant. On the other hand, the vast majority of House Republicans have signaled that they support the package and that they would like to see a vote held which would put lawmakers on the record.

Democrats, who are pushing for a ‘clean’ three-month funding extension without additional provisions, all plan to vote no, saying that the SAVE Act is a “poison pill”. Legislators argue that the SAVE Act is a redundant piece of legislation because it is already illegal for illegals to vote in elections and any instance of it happening is extremely rare.

Trump has publicly pushed at his rallies and over social media that Republicans should require the SAVE Act to be included in any funding package, or shutdown the government. Speaker Johnson did not signal if he would follow Trumps calls, but history has shown that he most likely would. “We’ll see what happens with the bill, all right? We’re on the field in the middle of the game. The quarterback’s calling the play. We’re going to run the play,” Johnson said. “I’m very confident, I know that all the Republicans believe in election security. We have some people who dislike CRs. You know what? I dislike continuing resolutions as well.”

Some Republicans have raised that it would be foolish to cause a government shutdown right now. Senate Republican Leader Mitch McConnell in a press conference warned his fellow Republicans that it would be “politically beyond stupid” for Congress to force a government shutdown a few weeks before Election Day, saying Republicans would “certainly” be blame. McConnell stopped short of calling on House Republicans to abandon their plans of advancing a bill that has no chance of passing the Senate, but made it clear that he wants to see some kind of bipartisan compromise over the next 13 days to avoid a shutdown.

So once again we are in the same position. Congress is yapping back and forth, vying for time on Fox and Face the Nation, flirting with a government shutdown that would have a real impact on Americans. It is really sad that our government system has fallen to this level, where it is impossible to even get a simple budget passed without going through all the hoopla. I know most of us have turned completely cynical towards Congress and have given up any hope, but in my opinion that only makes things worse. It is up to us to really think about who we are sending to Congress. We have no one to blame but ourselves for the current state of Congress, because we elected these partisan fatheads, who care more about making noise and being famous, then about being true legislators. When you go to vote in November, truly think about who you are voting for. Am I voting for them just because they are the same party as me? or am I voting for a person that I believe truly cares about serving their people.

Federal Recap

HCA Submits Comments for Home Health Payment Rule

At the end of August, HCA submitted its comments to the CMS Proposed CY2025 Home Health Rule. For a refresher, In June, the Centers for Medicare & Medicaid Services (CMS) released their annual proposed rates for Medicare home health services, proposing a permanent prospective adjustment to the CY 2025 home health payment rate of -4.067%. The proposed rule includes a CY 2025 home health payment update of 2.5%, which is offset by an estimated 3.6% decrease related to the PDGM rebalancing and an estimated 0.6% decrease that reflects a proposed fixed dollar loss. Overall, CMS estimates that Medicare payments to home health agencies in CY 2025 would decrease in the aggregate by 1.7%, or by about $280 million, compared to 2024 levels. This comes after CMS applied a 3.925% and a 2.890% reduction in CY23 and CY24 respectively. If implemented as proposed this would result in a 10% reduction over the last 3 years.

In our comments, HCA argued that additional cuts will further hinder home care agencies’ abilities to provide these vital services and that it could lead to more agencies going out of business, further shrinking coverage across the state. HCA met with the Massachusetts Congressional delegation over the last couple weeks to update them on the situation and to urge them to support The Preserving Access to Home Health Act of 2023 (S.2137/H.R. 5159), which would safeguard access to essential home-based, clinically advanced healthcare services for America’s older adults and people living with disabilities by preventing the Centers for Medicare & Medicaid Services (CMS) from implementing devastating cuts.

State Outlook

Still a Chance for Nurse Licensure Compact Amendment

As I’ve said numerous times over the last 2 months. Things are sssslllooooowwww at the state house. Glacier slow, Snorlax slow! Big Papi running to first slow! Rockstar roll-out of GTA 6 slow!!!!!

One thing to continue to look out for over the next couple of months is the legislature’s ongoing negotiations on the economic development bill. As a refresher legislature failed to pass an economic development package before the end of formal session on July 31st. The economic development package would provide billions of dollars in bond authorizations and tax credits aimed at lifting the state’s life sciences and climate tech industries, as well as possibly legalize happy hour in the commonwealth for the first time in 40-years. One key provision that was proposed in the Senate version was language that would add Massachusetts to the Nurse Licensure Compact (NLC).

The NLC, which HCA has supported for years, would allow nurses from other states to practice in Massachusetts, increasing the pool of potential nurse candidates for unfilled home care nurse positions. Since the economic development packages included bond provisions, it must be passed during a formal session. House Speaker Ron Mariano and Senate President Karen Spilka have publicly expressed a willingness to return for a formal session once a deal is reached. Governor Healey has also pushed for the legislature to hold a formal session to pass the package sooner than later, but it is yet to be seen when that will be.

Negotiations on a final package have been ongoing over the last 2 months of informal sessions. The House and Senate differ greatly on how much the life science provisions should be funded, as well as the need to include the NLC provisions. HCA has been meeting with House and Senate members to raise the importance of including the NLC language in a final package.

A package could come out tomorrow, it could come out on thanksgiving, no one knows!! I hope that it is sooner rather than later, because I’m running out of things to write to fill this blog!

State Recap

Healey Signs Slimmed Downed Supplemental Budget

Months after Governor Healey originally proposed a supplemental budget, the legislature finally responded to her repeated emails saying, “any updates?” with a slimmer compromised package. Healey originally filed a $534.7 million supplemental budget on March 18, saying that it would “target resources at our most time-sensitive deficiencies, using available federal reimbursements and other resources to minimize the net cost to the state.”

Like an insurance provider to a patient, the legislature said, “we can do it cheaper”. The legislature sent back a significantly slimmed down compromise package, with a bottom line of $362 million. The largest spending item that didn’t make the cut: $175.5 million for supplemental payments to safety net hospitals through the Medical Assistance Trust Fund — which would be wholly offset by federal reimbursements. In addition to the supplemental payments through the Medical Assistance Trust Fund, lawmakers also scrapped funding for struggling hospitals and community health centers in their compromise deal. Which is interesting since we are seeing numerous hospitals on the brink of closing due to steward hospital greed.

The proposed supp budget deal does, however, provide more than $61.1 million for the health and human services workforce. The budget also includes $228 million for programs designed for those who prefer to get long-term care services in their home or community, rather than in an institutional setting, and $20 million to support survivors of violent crimes as dollars from Washington have dried up in recent years — both of which will be paid for fully by federal American Rescue Plan Act dollars.

We are concerned that additional funding for the home care line items were not included in the proposal, because from our analysis we believe that the home care POS line item is under funded by $40 million and the case management line item is underfunded by $8 million. We are hoping that they will look to do another supplemental budget in the winter when the new session is opened to fill the gap between the legislatures slimmed down package and Governor Healey’s package.

Governor Signs Long-Term Care Reforms into Law

Infection control plans, uniform patient transfer forms, heightened scrutiny of private equity and much more headline a compromise long-term care reform bill that Governor Healey signed .signed at the beginning of the moth. Nearly a month after legislative leaders ended their formal sessions for the term without an agreement on the bill — and more than 18 months after House Speaker Ron Mariano dubbed it one of his top priorities.

While the bill focuses mainly on nursing homes and long-term care facilities, it does include a couple of sections pertinent to home care. The bill would establish a task force, that The Alliance is named too, that would be tasked with studying and proposing recommendations to address acute care hospital throughput challenges and the impact of persistent delays in discharging patients from acute to post-acute care settings.

The bill also calls for EOHHS to administer a workforce training grant program to “advance skills of certified nurses’ aides, home health aides, homemakers and other entry-level workers in long-term care facilities to improve quality of care and improve worker access to and participation in a career pathway to become a licensed practical nurse.”

Rep. Thomas Stanley, who helped craft the original legislation and co-led the compromise talks on behalf of the House, called it “the first major overhaul in a quarter of a century.”  The bill would increase state scrutiny of the role of private equity and real estate investment trusts in long-term care. In addition, Long-term care facilities would need to file disease outbreak response plans with the Department of Public Health to ensure they have measures in place ahead of time to prevent the spread of diseases.

The bill seeks to speed up discharges by requiring MassHealth and commercial insurers to craft a common transfer form to cut down on the administrative burden. Another section of the bill calls for a two-year pilot program requiring prior authorization requests related to hospital discharges to be completed by the next business day, even over the weekend, instead of the current two-day timeline.

The bill would require the division of insurance to develop a uniform prior authorization form for admission to a post-acute care facility or transition to a home health agency for any inpatient of an acute care hospital requiring covered post-acute care services. It also would require all acute care hospitals to use that uniform prior authorization form, and all payers or entities acting for a payer under contract to accept that form as sufficient to request prior authorization for the requested service, not later than 30 days after the form has been developed by the division of insurance.

Passage of this bill checks off one of the “top priority” pieces of legislation that in both chambers failed to complete before they wrapped up the last formal session of the term on August 1.


Gov. Maura Healey on Friday signed into law a package of reforms overhauling the long-term care industry in Massachusetts.

Did You See That! – August 2024

Federal Outlook/Recap

Presidential Race and Presidential Race Alone

Let me just cut to the chase so i don’t waste your time. Congress is on halt until January 2025 when a new President is sworn in. all action that happens in Congress will be directly related to helping messaging for either presidential campaign, case in point the Democratically controlled Senate forcing a vote on the child tax credit to show that Republicans aren’t for it even though the VP candidate JD Vance is pushing for one, or the Republican controlled House, forcing a vote on making it illegal for illegal immigrants to vote in presidential election, to make Vice President Kamala Harris speak to why Dems voted against it.

Now until next year, is the mother of all dog and pony shows on Capitol Hill. As an employee of the Home Care Alliance I will not be sharing my views on the presidential elections, so that no one misconstrues my views for the associations views. There will still be state updates over the next couple of months, and if anything comes up federally of importance i will write about it.

till then, sit back, grab a football helmet and get ready for the most brutal 4 months of our lives.

State Outlook

What Happened to My Piña Colada?

With session ending on July 31st, August is usually the time when the state house goes quiet. Legislators head off for vacation to get some R&R and unwind from work before kids go back to school in September. Not this year.

As has been reported by every major news outlet across Massachusetts, the state legislature failed to pass numerous big ticket pieces of legislation before the end of session, such as, an energy package, gun reform, long term care package, private equity reform, and an economic development package. Democrat party leadership in the House and the Senate had been touting their goals of passing each one of these big ticket items for over 2 years, but due to internal fighting between the House and the Senate, they failed to make any progress before July 31st came and went.

The most noteworthy bill not passed, is an economic development package, which is usually passed in session. While according to state law, legislation can pass during an informal session which requires 100% of the vote to pass, that is not an option for the economic development package. Since the package includes bond authorization, It has to be passed during a formal session, which can only be called by the Governor, which rarely if EVER is needed. Governor Healey has already signaled that she wants the legislature to continue negotiation between the House and Senate versions of the bill so that they can call a formal session some time before the end of the year. while the two package are for the most part are the same there are key differences that have resulted in the legislature not coming to an agreement. While both packages call for billions of dollars in bond authorizations and tax credits aimed at lifting the state’s life sciences and climate tech industries, the House and Senate disagree on how much money to authorize. The House is demanding a bigger investment than the Senate has signaled they are comfortable with, which has been the main sticking point. Another key provision that was proposed in the Senate version was language that would add Massachusetts to the Nurse Licensure Compact (NLC). HCA has long supported Massachusetts joining the NLC as we believe it will help to alleviate the ongoing workforce shortage for home care nurses that has resulted in countless referrals being denied and patients going home without care. At the moment it doesn’t seem that legislators are close to coming to an agreement, since many legislators have left for their pre planned vacation. HCA has continued to push for the NLC language to be added to any agreed upon package.

Now I can’t sit here and tell you that it is easy to pass legislation, let alone huge pieces of legislation, so I really am not shocked that all of these pieces of legislation were not passed this session. But I will say, they set themselves up for failure by setting their goals for the legislative session as high as the international space station. While we all have grandiose goals and dreams for the future, its important that legislators don’t let their eyes get so big that they lose sight of what is actually possible. It seems like every year legislatures forget that they can’t focus solely on passing legislation that could be used as a template for other states, because every year they have to tackle a huge beast of legislation that cost more than any piece of legislation they will ever pass, The annual budget. Over the last 30 years, Massachusetts has consistently been one of the last states to pass their budget, which prevents legislatures from focusing on other key pieces of legislation that could have a profound effect on the commonwealth. I personally believe that they should change the system so that the budget is set every two years, where they can always pass a supplemental budget if needed, if needed. This would give legislatures time to focus on projects that people really want to see done, such as gun reform, climate change legislation, and long term care legislation.

State Recap

Governor Healey Signs FY25 Budget

On Tuesday, Governor Healey signed the $57 billion FY25 budget, after trimming off trimming $317 million from 60 separate line items in the spending plan with her veto ability. The governor signed nearly all of the budget the Legislature sent her 10 days ago, approving of all but three of the 261 policy proposals lawmakers padded it with. The budget, which the governor’s office said carries a $57.78 billion bottom line after Healey’s actions, increases state spending by about $1.7 billion, or about 3.1 percent, over last year’s budget. It uses about $1.2 billion in one-time revenues to support the outlays during a time of volatile state tax collections and an expected increase in revenues from the state’s new tax on household income above $1 million is also helping the state to boost spending.

I would like to note that after extensive advocacy the final budget does not include inflammatory language that was proposed by SEIU that would 1.) require annual reporting on wages for home providers 2.) Require “Strong enforcement” of 75% permissible use standard 3.) Require EOEA to audit the annual wage reporting requirement to confirm compliance with the 75% pass through requirement. The final budget proposal includes language that would require EOHHS to report on their methodology for how they review chapter 257 rates for home care services.

The single largest veto was in the MassHealth managed care account, where Healey cut $192.3 million and said the remaining $5.9 billion in the account was the “amount projected to be necessary due to anticipated utilization, timing of rate updates, and new revenues.” The three policy sections that Healey returned with proposed amendments deal with a new MassHealth “notice of eligibility” requirement and with $63 million in annual supplemental MassHealth payments to Cambridge Health Alliance (technically two sections). Among 46 states whose fiscal year began July 1, Massachusetts was the last one to put an annual spending plan in place, according to data tracked by the National Conference of State Legislatures. Lawmakers and Healey previously agreed to an interim budget covering state expenses for about a month.

Governor Healey Signs Wage Transparency Bill


Today, Governor Healey signed the wage transparency bill, that now requests employers with 25 or more employees will have to post pay ranges alongside job openings. The new law also requires employers with more than 100 employees to file copies of federally-required equal employment data with the state secretary’s office, which would then be forwarded to the Executive Office of Labor and Workforce Development.

Supporters say the measure would reduce gender and demographic wage gaps. It was backed by the Women’s Legislative Caucus, the business group Associated Industries of Massachusetts, the Mass. AFL-CIO umbrella union, and the Mass. Municipal Association.

State House News reported that The attorney general’s office will conduct a public awareness campaign around the new rules. Their office also has enforcement authority and the ability to impose fines or civil citations for violations of the law, and employees will receive protections against retaliation for asking for salary ranges when applying for a job or promotion, according to the governor’s office. “Gender and racial wage gaps are real. They cause wealth gaps. With this legislation, Massachusetts claims lead position in building economic prosperity through equitable treatment of every worker,” said Evelyn Murphy, co-chair of the Wage Equity Now Coalition in a statement.

Did You See That! – July 2024

Like last year, June is my month to take a step back from the news and give myself a break from the constant stream of aggravating headlines, and head throbbing reports. Which is why there was no piece last month.

Federal Outlook

How the Supreme Court Chevron Ruling Could Affect Home Care

In a historic decision, the Supreme Court overturned a longstanding precedent that gave regulatory agencies greater authority to carry out broad mandates. Two weeks ago, the Supreme Court ruling on a case brought by herring fisherman, undid the legal precedent known as Chevron Deference, a 40-year-old precedent that had instructed lower court judges to defer to reasonable agency interpretations of ambiguous federal statutes. The Court ruled along ideological lines, 6-to-3.

This is a momentous decision that could immensely impact on providers ability to stop CMS from implementing further cuts to the home health payment rate. As you all aware, over the last couple years CMS has consistently proposed/implemented more and more cuts to the home health payment rate. Most recently CMS proposed a 1.7%, or $280 million, decrease to aggregate home health payments for 2025. In response to the cuts in 2023, The National Association for Home Care and Hospice (NAHC) filed a lawsuit against HHS and CMS over their cuts. NAHC argues that CMS methodology used to determine that home health providers have been overpaid is wrong and that their cuts would have substantial effect on access to home care.

In the wake of the undoing of Chevron Deference, the courts could rule that CMS overstepped by proposing massive cuts to home health payments and that they must reverse the cuts. The Supreme Court has also ruled in recent years against regulatory agencies. In 2022, the Supreme Court ruled against HHS and CMS, when prior to 2020 CMS proposed a series of policy changes for hospitals, one of which would have reduced payment, specifically through the 340B drug pricing program, which generally serve lower-income or rural populations. Hospitals argued like NAHC has, that CMS those cuts would hurt patient care, and that CMS did not have the power to levy those cuts in the first place. In ruling against HHS and CMS, they were ordered to pay hospitals back for underpayments.

While nothing is set in stone, recent rulings show that the Supreme Court has changed their longstanding view on how regulatory agencies can use their powers to regulate.

Federal Recap

CMS Proposes Home Health Payment Rate Rule for CY25

In late June, released their proposed home health payment rate rule for CY25. Once again, CMS is proposing cuts to the home health payment rate. According to CMS calculation, to rebalance the Patient-Driven Groupings Model (PDGM) and make it budget neutral, CMS is proposing a permanent prospective adjustment to the CY 2025 home health payment rate of -4.067%. CMS came to this conclusion by determining that Medicare still paid more under the new system than it would have under the old system. This comes after CMS applied a 3.925% and a 2.890% reduction in CY23 and CY24 respectively. If implemented this would result in a 10% reduction over the last 3 years.

CMS also has updated the level of the alleged overpayment reflecting claims from 2020 through 2023 at $ 4,455,407,087 up from $3,489,523,364. The added amount reflects the impact of postponing 2.89% in the 2024 permanent adjustment along with 2023 claims experiences. CMS does not propose to collect any of the Temporary Adjustment in 2025, consistent with its actions in 2023 and 2024.

The CMS proposed rule includes a CY 2025 home health payment update of 2.5%, which is offset by an estimated 3.6% decrease related to the PDGM rebalancing and an estimated 0.6% decrease that reflects a proposed fixed dollar loss. Overall, CMS estimates that Medicare payments to home health agencies in CY 2025 would decrease in the aggregate by 1.7%, or by about $280 million, compared to 2024 levels. The proposal includes a net 2.5% inflation update (3.0%% Market Basket Index — 0.5% Productivity Adjustment).

NAHC highlighted in their report on the proposal that CMS continues to refuse to recognize its unprecedented forecasting error in CY2022 and 2023 rates where the inflation update fell far short of reality by a cumulative 5.2%. All Medicare sectors have suffered from the CMS forecasting error with CMS rejected all calls for correcting the error with an adjustment.

  • A 4.067%% Budget Neutrality permanent adjustment to account for the one-half of the remaining adjustment from CY2024 (2.89%) plus the additional 2023 data year adjustment of 1.125%
  • A $4,455,407,087 alleged cumulative overpayment in 2020-2023. CMS has not scheduled a collection of the alleged overpayment in 2025 or any other year yet.
  • Recalibration of the 432 case mix weights as CMS has done multiple times in recent years. The recalibration leads to a separate budget neutrality adjustment in the payment rates of 1.0035%.
  • Modification of wage index weights and wage index area designations leading to an budget neutrality adjustment of 0.9885%.  
  • The LUPA add-on for LUPA-only episodes has been modified for each qualifying discipline of service (SN: PT: OT: SLP)
  • The qualifying Fixed Dollar Loss ratio for outlier payment is increased from the current 0.27 to 0.38. This proposal would decrease the number of episodes qualifying for outlier payment.  
  • Overall, CMS estimates that the Proposed Rule will decrease CY2025 Medicare spending by $280 million (+$415 million inflation update – $595 million rate adjustment – $100 million outlier FDL change).

State Outlook

Not All New Traditions Are Good Traditions

When one thinks of traditions, images of yearly family trips, sporting events, and clam bakes come to mind. July 1st marked the continuation of a new tradition in Massachusetts. For the 14th year in a row the state legislature failed to pass a budget before the start of the new fiscal year.

Last week, in preparation of missing the July 1st deadline to pass a budget for FY25, The Legislature passed, and Governor Healey signed, an interim budget that cover state expenses through the end of July, or until a new budget for FY25 is agreed upon. The last time Beacon Hill had a budget in place in time for the start of a new fiscal year was 2010.

This is a tradition that Massachusetts should not be proud of. At a time when partisan bickering at the federal level squashes any chance of a budget or meaningful legislation being passed, states, including Massachusetts, should look to lead by example, not follow suit. While politicians argue that it’s better to deliberate over a budget rather than rush one, continuously failing to pass a budget on time sets a poor precedent and poses a dark image of the effectiveness of the legislature. Especially this legislature which is controlled by democrats by a wide margin in both chambers.

Failing to pass a budget on time also leads to many important provisions that would be passed through the budget being delayed. Last year, the delay in passing the budget led to the legislature rolling out new initiatives such as free community college and free school meals being delayed over a month. Erin O’Brien, a political science professor at UMass Boston, says those may seem like small inconveniences. But together, they fuel a simmering disillusionment with the government. Growing disfunction within the state house only leads to further resentment by its citizens. The Massachusetts legislature should not take its citizens for granted and should do everything in their power to pass their budgets on time.

State Recap

Senate Passes Housing Bill

The State Senate recently passed their own version of a housing bill that would authorize $5.4 billion in borrowing to spur housing production, and included an amendment that would prohibit most home purchase offers that are conditioned on the buyer waiving or limiting their right to a home inspection.

The bill includes many policy proposal, such as language directing the Executive Office of Housing and Livable Communities to promulgate regulations stating that no offer to purchase a home can be conditioned on the buyer waiving their right to an inspection. Sen. Lydia Edwards, Senate chair of the Housing Committee projected the bill would prompt the creation of 40,000 housing units, a bite out of the 200,000-unit shortage Massachusetts faces. While some senators touted the housing bill as historic in the scope of its bond authorization, the state is currently limited to about $400 million a year in capital spending on housing under its latest five-year capital budget.

This bill comes as housing has become more and more unaffordable for many residents. Home sales across Massachusetts fell to a 12-year low in 2023. Through May, there have been 14,005 single-family homes sold across all of Massachusetts in 2024, a 2.1 percent increase over the sales volume of the same five months of 2023, The Warren Group reported this month. Meanwhile though, the year-to-date median single-family home price has increased 9.3 percent to $590,000.

The House passed their own housing bill a couple weeks ago. Most likely a six-person conference committee will be created with the responsibility to reconcile the House and Senate approaches into a compromise bill that would still need additional votes to get to Healey’s desk.

State House Approves Maternal Health Bill

Recently, the House passed a maternal health bill that aims to expand physical and mental health care options for pregnant women and new mothers. Massachusetts has one of the highest rates of severe maternal morbidity in the country. State health regulators say complications during pregnancy and delivery can cost twice as much in medical spending compared to patients who don’t experience SMM.

Representatives say the legislation could stem the tide of deteriorating maternal health outcomes, particularly among people of color, by creating a pathway for certified professional midwives (CPMs) and lactation consultants to be licensed in Massachusetts, and removing regulatory barriers to open birth centers that offer home-like environments during labor.

The House passed the bill unanimously 153-0. The bill now moves to the Senate who will either vote on the bill as it is or pass their own maternal health bill.

Chen Steps Down As Secretary of Executive Office of Elder Affairs

Last Friday, Elizabeth Chen, who served as the state’s secretary of elder affairs since 2019, announced she was stepping down effective immediately. Health and Human Services Secretary Kate Walsh informed staff of the change Monday and said that Deputy Secretary Robin Lipson would take over the elder affairs secretary position on an interim basis, a spokesperson confirmed.

It is not known at the time why Chen chose to step down from her position. The Healey administration declined to provide any additional information about Chen’s departure. “We are grateful for Secretary Chen’s five years of service to older adults in Massachusetts and wish her well on her future endeavors,” Walsh wrote in an email to the Executive Office of Elder Affairs. “I am also truly grateful to Robin for so kindly agreeing to step into this interim role. EOEA is in good hands — I’m confident this will be a stable transition.”

EOEA Gets a Rebrand

Last week, Governor Healey filed legislation that would change the name of the Executive Office on Elder Affairs to the Executive Office of Aging & Independence. The proposal, which coincides with Older Americans Month in May, is a result of “significant research” that found aging adults do not resonate with the term “elder,” Healey’s office said. Rather, they prefer terms such as “aging” and “older people.”

The bill is meant to reduce stigma around getting older, normalize the aging process, and emphasize that older individuals value their independence and self-determination, according to the administration, which also says the new name will help the agency reach more people. The proposal would remove language — including the terms “elder,” “elderly person(s)” and “handicapped” — and replace those terms with “older adult(s)” and “adult with a disability,” in addition to using gender-neutral language, Healey’s office said.

Mayor Wu Looks to Push Through Tax Plan

After meeting with Boston’s delegation of state legislators Monday, Mayor Michelle Wu said she’s holding out hope that her plan to shift the city’s property tax burden to avoid a residential tax hike could pass through the State House before a quickly approaching deadline.

“Most likely there will be a hearing next week on this,” Wu said during the “Ask The Mayor” segment of GBH Radio’s “Boston Public Radio” on Tuesday. Wu’s plan — which got approval from the City Council and now sits before the Joint Committee on Revenue as a Rep. Rob Consalvo bill (H 4805) — seeks permission to tilt a bit more of the city’s property tax burden onto commercial owners instead of residential owners for a few years. The mayor says her plan would protect residential property owners from larger increase in taxes due to declining commercial values.

The Wu administration wants to get approval for the tax change before it has to send tax bills out to residents. And since there has been some controversy around the idea, Wu likely wants to see it passed in formal sessions — which end July 31 — before any single lawmaker’s objection could block the plan from moving forward during informal sessions in the final five months of 2024.

“Did You See That” – March 2024

Federal Outlook

America is Having a Severe Case of Déjà Vu

As we know, history tends to repeat its self-time and time again. Many of you may have heard about the weird parallels between Lincoln and JFK, such as that both presidents were shot in the back of the head, on the Friday before a major holiday, while seated beside their wives, who both married socially prominent twenty-four-year-old woman who spoke French fluently, the list goes on and on. The same may be happening for 2020 and 2024. The Super Bowl in 2020 was between the 49ers and the Chiefs, same as in 2024, where the Chiefs won both games, Taylor Swift won Grammy awards in both 2020 and 2024, both years were leap years, and just like in 2020, we will see the same two candidates face off during the presidential election.

I am going to take a second to say, to be crystal clear, that I do not care who you vote for. That is your business, and it is your right as an American to believe what you want and vote how you want. Okay now back to the mess at hand

President Joe Biden, who was born before the invention of duct tape, penicillin, and the color TV, will once again face off against former President Donald Trump, whose skin looks like what happens if you eat too many carrots. I think we can all agree that this was the last matchup that we wanted to see, but here we are. This is the first presidential election rematch since 1956, which saw then President Dwight Eisenhower defeat for a second time in a row Democratic candidate, Adlai Stevenson, who could put a rock to sleep.

While it may be the same matchup, the sentiment around the election is very different. For one, we are no longer experiencing life as it was during COVID, where we saw state by state lockdowns, high unemployment numbers and a dire lack of live sports to watch. Contrast to the current climate we are living in, a world of high interest rates, unaffordable housing, and multiple military conflicts across the globe, and more sports betting than ever before.

The candidates, their political parties, the media, and really everyone are really focusing on one aspect when it comes to electability of the candidate, who is more “fit” to hold the office. I put fit in quotations because how that word is defined is different depending on who you ask. When it comes to President Biden “fitness” for office, people argue that he is too old to be president. Biden is 82 years old, which already makes him the oldest president in our history. If Biden were to win the election, he would be 86 when his term is over, which is even high for a golf score for a professional. Many have questioned his mental fitness at his current age, and are doubly concern that it will get worse as time goes on. Even the special counselor assigned to a case involving Biden’s storing classified documents after he was VP, expressing concern for his memory. Saying that he could not convict Biden beyond a reasonable doubt because “Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory.” That report also comes after 4 years of President Biden mis-saying names of countries and people, on a weekly basis. There are countless examples of Biden having mental gaffes. It shows something that people were genuinely happy to hear that Biden got it right at a town hall when he said he was president of the U.S. and not another country. people are also worried that with his “advanced age” he can’t relate with younger populations and their concerns. I mean we come from two different times, Biden grew up when a fun activity as a kid was playing with string and skipping rocks, while my generations and people younger than me idea of fun is killing zombies in a video games and catfishing people online.

When it comes to former President Donald Trumps “fitness” for office, the considerations are less around his mental state, but more around his actions as president and his belief on the power of presidency. People especially his actions surrounding the January 6th insurrection and potential election interference. The former president has been indicted by a special counsel on felony charges for working to overturn the results of the 2020 election in the run-up to the violent riot by his supporters at the U.S. Capitol on Jan. 6, 2021. The four-count indictment includes charges of conspiracy to defraud the United States government and conspiracy to obstruct an official proceeding: the congressional certification of Joe Biden’s victory. by saying that the election was stolen and trying to persuade state officials, then-Vice President Mike Pence and finally Congress to overturn the legitimate results. He was also indicted in Georgia along with 18 others, for violating the state’s anti-racketeering law (RICO) by scheming to illegally overturn his 2020 election loss. RICO charges are better known for being used by law enforcement to down the Mafia in the 80s and 90s. It is important to note that the former President is yet to be convicted of any charges. People are also concerned because Trump has shared his belief publicly that a president should have immunity from any actions they take as president, which many believe goes against the original intent of the constitution and the separation of powers. Trump said on Truth Social in all-caps “A PRESIDENT OF THE UNITED STATES MUST HAVE FULL IMMUNITY, WITHOUT WHICH IT WOULD BE IMPOSSIBLE FOR HIM/HER TO PROPERLY FUNCTION”. Trump is effectively arguing that a president can do whatever he wants while president and cannot be held liable. This is response to charges that were filed against him for illegally holding onto classified documents and allegedly trying to move/destroy evidence. People are concerned that a candidate that has allegedly worked to fix and overturn an election, as well as believes that a president should have full immunity to do whatever they want while president, is not “fit” to hold the country’s highest office.

In the end, we can all agree that this election season is going to be exhausting. Thank god we have the Olympics to distract us for parts of it.

Federal Recap

Biden Unveils Budget Proposal for FY25

On Monday, President Biden unveiled his proposed budget for FY25, which looks to cut the deficit by $3 trillion over a decade, by increasing taxes for companies and the wealthy. The proposals calls for raising the corporate tax rate to 28 percent from 21 percent, which is the level that was set by the 2017 Tax Cuts and Jobs Act. It also calls for increasing what’s known as the corporate minimum tax to 21 percent from 15 percent. That tax, which was passed by Democrats in 2022, applies to corporations that report annual income of more than $1 billion to shareholders on their financial statements but use deductions, credits and other preferential tax treatments to reduce their effective tax rates well below the statutory 21 percent. In addition to quadrupling a 1 percent surcharge on corporate stock buybacks to 4 percent. White House economists estimate increasing the tax could yield $137 billion in new tax revenue over a decade.

For taxing the wealthy, the proposal includes language that would raise the capital gains tax rate for earner who make more than $400,000 a year to 39.6 percent, and close the so-called carried interest loophole that allows wealthy hedge fund managers and private equity executives to pay lower tax rates than entry-level employees. The most progressive policy included in the proposal would create a 25 percent “billionaire tax” on individuals with wealth, defined as the total value of their assets, of more than $100 million, with the goal is to prevent the wealthiest Americans from employing tax strategies that allow them pay lower tax rates than those of middle-class households.

Last Thursday, before the President’s State of the Union Address, House Republicans advanced their FY25 budget proposal, which would take a vastly different approach to balancing the budget, by cutting over $14 trillion in federal spending in such areas as green energy subsides and student loan forgiveness while reducing taxes. The House Budget Committee adopted the blueprint in a 19-15 party line vote last Thursday, with Budget committee chairman Jodey Arrington saying that the budget plan would reduce the federal debt, which stands at over $34 trillion, create a $44 billion budget surplus in fiscal 2034 and stir economic growth by lowering taxes. The budget postpones severe spending cuts until fiscal 2026, after the November election that will determine control of the White House and Congress. Committee documents show 2026 basic discretionary spending falling by more than $100 billion to $1.5 trillion.

To put it mildly, FY25 budget negotiations are expected to be turbulent, like a flight trying to fly through a hurricane. HCA will be watching the budget process closely as it unfolds.

Government Avoids Partial Government Shutdown, Still More to Do

Late on Friday, the Senate passed a government funding bill, funding roughly 30 percent of the federal government for the next six months, mere hours before the deadline. The legislation — which passed by a 75 to 22 vote — devotes $459 billion to the departments of Agriculture, Commerce, Energy, Housing and Urban Development, Interior, Justice, Transportation, and Veterans Affairs, as well as the Environmental Protection Agency and Food and Drug Administration, for the rest of the fiscal year, which ends Sept. 30. President Biden signed the packaged shortly after it cleared the Senate. Biden thanked Congressional leadership for working together to avoid a partial shutdown. The passing of the funding package came more than five months into the current budget year after congressional leaders relied on a series of stopgap bills to keep federal agencies funded for a few more weeks or months at a time while they struggled to reach agreement on full-year spending.

Through the funding package, non-defense spending will remain relatively flat compared with the previous year. Supporters say that’s progress in an era when annual federal deficits exceeding $1 trillion have become the norm. But many Republican lawmakers were seeking much steeper cuts and more policy victories. The funding packaged also includes over 6,000 earmarks requested by individual lawmakers with a price tag of about $12.7 billion. Earmarks, which were previously banned in 2011, but was recently voted to reinstate earmarks in 2021 by Democrats, with Republicans soon following suit.

Congress still needs to tackle tricker funding packages for remaining departments, including the Departments of Defense, Financial Services and General Government, Homeland Security, Labor-HHS, Legislative Branch, and State and Foreign Operations. Those bills are typically much more controversial and are at greater risk of failure than the bills that passed this week.

State Outlook

Where The Money At?

For the 9th straight month, state tax collections fell short once again in February. This extends what was already the longest streak of below-benchmark months in more than two decades, tax revenue remains down compared to a year ago. State House News reported that the Department of Revenue reported Tuesday that it collected $2.007 billion last month — $27 million or 1.3 percent more than actual collections in February 2023 but still $11 million or a slim 0.6 percent shy of the administration’s revised monthly benchmark of $2.018 billion. The Healey administration in January lowered the monthly benchmark for February from the $2.137 billion it originally projected for the month prior to the governor’s fiscal year 2024 revenue downgrade. The last time tax collections came in at or above the administration’s monthly benchmark was June 2023, nine months ago. The Healey administration didn’t establish fiscal 2024 benchmarks until August last year, so there was no official expectation set for July 2023. But each month since — now seven in a row — has seen collections fall short of the administration’s projections.

The Executive Office of Administration and Finance said the administration is not planning to make additional budget moves in connection with the below-benchmark February revenue report. A spokesman said the budget office’s outlook on fiscal 2024 has not changed. DOR is due to report revenue collections for March by Wednesday, April 3. The monthly benchmark for March, which DOR said is usually “a mid-size month for revenue collections, ranking sixth of the 12 months in eight of the last 10 years,” is set at $3.935 billion. That would be $52 million more than what was collected in March 2023.

State Recap

Massachusetts Health Care Costs Rose in 2022

The Center for Health Information and Analysis (CHIA), created under a 2012 cost containment law, released its annual report Wednesday examining health care spending trends in 2022. The detailed report covers a year that started with record-high reporting of COVID-19 cases, followed by gradual decline throughout the year.

CHIA’s annual report estimated total health care spending in Massachusetts at $71.7 billion in 2022, and a per capita health care expenditure of $10,264 per resident. Total health care spending was up $3.9 billion (up 5.8 percent on a per capita basis) over 2021’s level — well in excess of the state’s 3.1 percent benchmark for health care cost growth. CHIA said the 5.8 percent growth rate in 2022 represents the largest one-year jump since measurement began in 2012, aside from the “anomalous spending growth in 2021 driven by the pronounced effects of the pandemic.” Health care spending shot up 9 percent in 2021 after posting a 2.3 percent decline in 2020.

The 2022 growth in health care spending was below both the rate of growth in the Massachusetts economy broadly (7.2 percent) and regional inflation (7.1 percent), CHIA said, but outpaced growth in both national wages and salaries (5.1 percent) and national health care spending measured by the Centers for Medicare & Medicaid Services (4.1 percent). The largest contributors to the 2022 expenditure increases were pharmacy spending and non-claims payments, CHIA said.

Other medical services, which includes long term care and home health services, was the largest component of MassHealth spending, totaling $3.4 billion in 2022. Other medical services spending increased 10.1% overall, but only 0.8% on a PMPM basis. Its important to note that the CHIA report does not specifically mention how much was spent on home health services amongst the “other medical service” category.

MassHealth Proposes Significant Increase to CSN Rates

In February, MassHealth released their proposed rates for CSN services. In summary, MassHealth proposed a 32.4% increase to RN weekday rates, and an 11% increase to LPN rates. They have also added a high-tech rate for members with Trachs/Vents/Central lines, these rates have a $2/unit ($8/hr) add on/UA modifier, as well as increased the rate for the 60-day supervisory visit of CCA services by 32.4% as well. If these rates take effect, we will have realized nearly 100% rate increases to this program since 2017 when HCA’s members and CCM Families teamed together on advocacy efforts. An incredible feat.

HCA provided verbal testimony in favor of the rate increase at a public hearing last week, in addition to submitting written testimony.

Massachusetts Health Care Costs Rose in 2022

The Center for Health Information and Analysis (CHIA), created under a 2012 cost containment law, released its annual report Wednesday examining health care spending trends in 2022. The detailed report covers a year that started with record-high reporting of COVID-19 cases, followed by gradual decline throughout the year.

CHIA’s annual report estimated total health care spending in Massachusetts at $71.7 billion in 2022, and a per capita health care expenditure of $10,264 per resident. Total health care spending was up $3.9 billion (up 5.8 percent on a per capita basis) over 2021’s level — well in excess of the state’s 3.1 percent benchmark for health care cost growth. CHIA said the 5.8 percent growth rate in 2022 represents the largest one-year jump since measurement began in 2012, aside from the “anomalous spending growth in 2021 driven by the pronounced effects of the pandemic.” Health care spending shot up 9 percent in 2021 after posting a 2.3 percent decline in 2020. The 2022 growth in health care spending was below both the rate of growth in the Massachusetts economy broadly (7.2 percent) and regional inflation (7.1 percent), CHIA said, but outpaced growth in both national wages and salaries (5.1 percent) and national health care spending measured by the Centers for Medicare & Medicaid Services (4.1 percent).

Other medical services, which includes long term care and home health services, was the largest component of MassHealth spending, totaling $3.4 billion in 2022. Other medical services spending increased 10.1% overall, but only 0.8% on a PMPM basis. It’s important to note that the CHIA report does not specifically mention how much was spent on home health services amongst the “other medical service” category.

“Did You See That” – February 2024

Federal Outlook

Senate Passes $95.3 Billion Foreign Aid Bill, DOA in House

The Senate passed a $95.3 billion foreign aid bill with assistance for Ukraine and Israel, setting up a showdown with the House. The foreign aid package includes billions of dollars to support Ukraine and for security assistance for Israel, as well as humanitarian assistance for civilians in Gaza, the West Bank and Ukraine, among other priorities. The Senate vote was 70 to 29 with 22 Republicans voting in favor, including Senate Minority Leader Mitch McConnell. “History settles every account,” McConnell said in a statement following the vote. “And today, on the value of American leadership and strength, history will record that the Senate did not blink.” The bill includes $60 billion to support Ukraine in its fight against Russia, $14.1 billion in security assistance for Israel, $9.2 billion in humanitarian assistance and $4.8 billion to support regional partners in the Indo-Pacific region in addition to other policy provisions, according to the Senate Appropriations Committee.

The bill passed the Senate despite Speak Mike Johnson’s, who looks like the type of person that would side with the parents that banned dancing in footloose, criticism of the legislation and former President Donald Trump signaling opposition to the bill by arguing the US should stop providing foreign aid unless it is in the form of a loan. Johnson has said that he has no plan to take up the bill currently.  “Right now, we’re dealing with the appropriations process, we have immediate deadlines upon us and that’s where the attention is in the House in this moment.” Johnson also said that we, Congress, need to focus on the border first, and not on foreign aid. Johnson has said in the past that he would not support a foreign aid package unless the House’s hardline border bill is attached, which Senate leadership on both sides of the aisle have said in the past is a nonstarter. The Senate previously announced that they have agreed on a border bill that has bipartisan support, but the House and Speaker Johnson argue that it does not go far enough. But what the House did not say is that presidential candidate Donald Trump has pushed for Congressional republicans to block any border deals so that democrats cannot campaign on the border during the upcoming election cycle. President Joe Biden called on House Republicans to hold a vote on the bill in remarks from the White House, saying that a “minority of the most extreme voices in the House,” should not be permitted to block the bill.

House Impeaches Homeland Security Secretary Alejandro Mayorkas

After an embarrassing failure in January, the GOP led House succeeded in impeaching Homeland Security Secretary Alejandro Mayorkas for his handling of increased migration at the southern border, making him the first cabinet secretary since 1876 to be impeached. The vote tally was 214 to 213. Three Republicans voted with Democrats against the measure. Speaker Johnson said Homeland Security Secretary Alejandro Mayorkas needed to be impeached because he refused to do his job. “From his first day in office, Secretary Mayorkas has willfully and consistently refused to comply with federal immigration laws, fueling the worst border catastrophe in American history,” Johnson said in a statement after the impeachment vote Tuesday. Johnson accused Mayorkas of undermining the public’s trust “through multiple false statements to Congress.” He also said the homeland security secretary “obstructed lawful oversight of the Department of Homeland Security, and violated his oath of office.” Constitutional experts have said the evidence does not reach that high bar of impeachment and three Republicans voted with Democrats against the resolution.

Republican Rep. Ken Buck voted against the impeachment of Homeland Security Secretary Alejandro Mayorkas last week — and did so again tonight. Buck said he did not reconsider his vote because he does not believe that the circumstance qualifies as a high crime and misdemeanor. “You can try to put lipstick on this pig, it is still a big, and this is a terrible impeachment. It sets a terrible precedent,” Buck told CNN on Tuesday after the vote. Sen. Ken Cramer (R-N.D.), an ally of former President Trump, slammed House Republicans actions, calling it “the worst, dumbest exercise and use of time.” The impeachment now moves to the Senate where Democrats have a majority, all but killing any GOP hope of Mayorkas being fully impeached. The Senate is required to hold an impeachment trial, Senate Majority Leader Chuck Schumer’s office said House impeachment managers will present the articles of impeachment to the Senate following the state work period. Senators will be sworn in as jurors in the trial the next day. Senate President Pro Tempore Patty Murray will preside. The key part of the trial is that during an impeachment trial in the Senate, no other official business can be done till the trial is completed. It is widely expected for the Senate to push through the trial to acquit Mayorkas as quickly as possible so they can get back to budget negotiations for a full year budget.

State Outlook

It’s All About the Benjamins

In a crushing blow for Governor Healey’s budget plans, for the seventh straight month Massachusetts failed to hit projected tax revenue. This comes on the heals of Governor Healey implementing emergency 9c cuts of up to $375 million and the Healey administration significantly lowering monthly tax revenue benchmarks. State House News reported that The Department of Revenue reported collecting $3.594 billion last month (January) — $268 million or 6.9 percent less than actual collections in January 2023 and $263 million or 6.8 percent below the administration’s revised monthly benchmark of $3.858 billion. The Healey administration last month lowered the monthly benchmark for January from the $4.121 billion it projected for the month prior to the governor’s fiscal year 2024 adjustments.

Since fiscal year 2024 started in July, DOR has collected $21.460 billion, 1.2 percent less than what the Healey administration projected last month that it would have hauled in by this point in the calendar. The administration last month slashed the year-end revenue estimate by $1 billion after it was reported in December that tax revenue was running $769 million behind projections. Reducing the revenue estimate by $1 billion was meant to address the existing $769 million shortfall while also providing some breathing room for the second half of the budget year, when Administration and Finance Secretary Matthew Gorzkowicz said he expected additional months of below-benchmark collections. The administration also said it thought its January actions would be enough to avoid further 9C cuts this year. Now, after the governor cut $375 million in spending and newly tapped $625 million in non-tax revenues to account for the $1 billion revenue downgrade, the state still finds itself in a hole. Gorzkowicz told reporters that the administration does not have any plan to implement any additional 9c cuts to account for lowering tax revenue.

Lagging tax revenue is a major problem for Governor Healey, who has lofty goals for 2025, and the legislature as they try to craft a FY’25 budget. In late January, Governor Healey released her proposed $58.15 billion budget for FY2025, an over $2 billion or 3.7% increase when compared to the final FY2024 budget she signed back in August.  The proposed budget suggests that she and her budget team expect a growth in revenue compared to last year. The bill does not propose any new tax increases to generate additional revenue, nor does it recommend tapping into the state’s more than $8 billion “rainy day” savings account. Further details on her proposed budget can be found below.

With lagging tax revenue and Governor Healey laying out an ambitious budget proposal in January, the legislature is left to be the bad guy. Governor Healey said in her State of the Commonwealth address that she wants to continue to pay for the migrant crisis, increase spending on infrastructure, such as the T, address the housing crisis and expand access to free community college for Massachusetts residents. All these things will cost an exuberant amount of money to be done properly. Want to know how much? So much so that I had to check a thesaurus to find a better word for a “crap ton”. But in all seriousness, they will all cost billions of dollars. It has been reported that to properly address the migrant crisis it could cost over $2 billion a year. That’s more than what the state spends on free school lunches, free community college, and energy and environmental affairs combined. It’s going to be tough for the legislature to look at current revenue trends and propose a budget that could further exacerbate the ever-growing revenue dilemma and result in an unbalanced budget half-way through the fiscal year.

This concerns me especially because we have already seen the health care sector be cut by Governor Healey when she implemented her 9c cuts to balance the budget. The largest cut proposed by Governor Healey was a $294 million cut to MassHealth fee for service. The explanation that was given for why they can afford to cut $294 million was due to “members using fewer services than we had originally budgeted.” This leads me to worry that the legislature will look to make cuts to the health sector and home care specifically to offset additional spending for Governor Healey initiatives. HCA is closely tracking the legislature’s budget process and has already spoken with the House about the importance of properly and sufficiently funding home care line items in the FY25 budget. HCA plans to continue outreach to the Senate side as the budget process moves along.

Now, like a weatherman, my prediction could be completely wrong. We have seen in the past many times that governments can basically create money out of nowhere and make a budget shortfall go away while also increasing spending, look at Congress every year. But HCA won’t take that chance that they will continue their trend of higher spending till proven otherwise and will continue to fight for funding for home care.

State Recap

HCA Holds State House Advocacy Day

HCA along with members of the Enough Pay to Stay Coalition (EPTS), held a highly attended State House Advocacy Day at the Massachusetts State House. Over 18 people from 8 agencies attended the State House Event. The day started with remarks from Jake Krilovich, Julie Watt Faqir, ED, Home Care Aide Council, and Betsy Cummings, ED, Mass Home Care, followed about remarks from some of our biggest legislative champions, Senator Patricia Jehlen, Representative Thomas Stanley & Representative Carmin Gentile.

Over a full day a meetings HCA members met with over 12 legislative offices, where we discussed the struggles agencies face on a day-to-day basis due to a workforce shortage and how passing H.1195/S.755 – An Act Clarifying Rate Setting Processes for Home Health and Home Care Services would help increase transparency of the rate setting process, as well as, update the rate setting methodology to account for all the costs of that go into providing these services, which will help to create a more adequate rate that will allow agencies to properly compete for workers. We also discussed the crucial need to pass H.649 – An Act to Improve Massachusetts Home Care, which would establish a licensure system for non-medical home care services that would establish baseline standards for agencies, to ensure a quality network of providers for consumers and keeping services affordable for those who rely on them. HCA would like to give a special shoutout to all the members that attended, their valuable insight into the importance of Home Care and what we need to do to grow the sector will go a long way to help pass these two key pieces of legislation. If you would like to read more about the event, check out State House News coverage of the event HERE.

Governor Healey Proposes Increasing FY25 Budget by Over $2.1 Billion

Governor Healey is proposing a $58.15 billion budget for FY2025, an over $2 billion or 3.7% increase when compared to the final FY2024 budget she signed back in August.  The proposed budget suggests that she and her budget team expect a growth in revenue compared to last year.  State House News reported that Healey’s team balanced their plan by trimming $450 million from various line items, proposing to prevent about half a billion dollars in other spending growth, and deploying $1.25 billion other available state resources. The bill does not propose any new tax increases to generate additional revenue, nor does it recommend tapping into the state’s more than $8 billion “rainy day” savings account. Cost controls include closure of the MCI-Concord medium security prison and changes at MassHealth, which typically reflects the largest share of the budget. The budget will propose “flat spending” for MassHealth’s personal care attendant (PCA) program.

Governor Healey proposed several increases in funding as compared to FY24, to line items that affect home care services. Including but not limited to:

  • 1599-6903 – Chapter 257 and Human Service Reserve – $173,000,000 to $390,000,000.
  • 9110-1630 – Home Care Services Provided Through ASAPs – $215,556,634 to $236,582,945.
  • 4000-0700 – MassHealth Fee for Service Payments – $3,601,016,357 to $4,232,605,645.

In addition, unlike the FY2024 final budget, Governor Healey’s proposed budget did not include language for a pass-through requirement for Chapter 257 rates under line item 1599-6903. The pass-through requirement included in the FY24 budget amended the Chapter 257 Rate Reserve line item 1599-6903 as follows, by inserting after the words “any human service provider receiving revenue under said Chapter 257” the following: “, and any home care agency subcontracting with such human service providers to provide home care services,”. This language specifically requires home care providers under chapter 257 to comply with a 75% pass-through requirement that is stipulated in line item 1599-6903. We would like to note that this pass-through requirement is much broader than a pass-through amendment that SEIU tried to pass during the House budget debate, that HCA along with the Home Care Aide Council successfully blocked. Next, Governor Healey’s budget will be taken into consideration by the House and the Senate. The legislature is not required to include anything that is proposed by the Governor in her budget proposal. HCA will work with our legislative champions at the state house to make sure that no pass-through language is included in either of the proposed budgets from the House and the Senate.

Joint Rule 10 Deadline Extended for Select Committees

On Monday, The State House of Representatives voted to extend the Joint Rule 10 deadline, which is the deadline for committees to report on bills (favorable, non-favorable, or further study), was extended to May for select committees including the Committee on Advanced Information Technology, the Internet and Cybersecurity; the Committee on Agriculture; the Committee on Children, Families and Persons with Disabilities; the Committee on the Judiciary; and the Committee on Transportation. This does not affect the two bills (H.649 – An Act to Improve Massachusetts Home Care & H1195/S755- An Act Clarifying Rate Setting Processes for Home Health and Home Care Services) that were introduced by HCA along with the Enough Pay to Stay Coalition (EPTS Coalition). Both these bills are currently before the Joint Committee on Health Care Financing, whose deadline to report out bills is March 27th. HCA will continue to provide updates as both bills move through the legislative process.

Infectious Disease Bill Sent For Study

The Joint Committee on Elder Affairs announced yesterday that it is recommending that H.640/S.397 – An Act to improve infection control in Massachusetts home, which would establish a mandatory infection control training program for personal home care attendants, be given a study order. A study order authorizes the Committee to sit during recess and study this measure and similar ones and file a narrative report of its findings.  However, for the vast majority of bills sent to a study order, no further Committee activity takes place, it is mainly seen as a quiet way to kill a bill.

HCA does not support the bill. We raised our concerns about a bill during a hearing on a bill in June of 2023. HCA provided testimony in person that raised amongst other concerns that home care agencies under contract with Aging Service Access Points already have infection control requirements as part of their contracts in the home care program. These require training during employee onboarding and on an annual basis as part of their in-service requirements. In addition, federally certified home health agencies also have infection control requirements as part of the Federal CMS Conditions of Participation. We proposed adding an amendment that would exclude home care agencies contracting with ASAP entities and exclude home health agencies as defined in the Massachusetts general laws section 51K.

Did You See That?!? – January 2024

Quick Note

I hope everyone had a great holiday break! I know I did!! This may just be my negative winter northeastern mind kicking in, but I might be the only person who really doesn’t enjoy “year in review” look back segments. Weather its friends posting their year in photos on Instagram, CNN covering all the horrific news events of the year that made everyone sad, or ESPN replaying every winning play in sports, I think they are all kind of pointless and a waste of time. Other than Spotify yearly wraps. I personally find it really fun and interesting because I get to see firsthand how my wife’s love for Taylor Swift is so deep, that it affects my top 5 artists of the year.

Besides that! It’s 2024, it’s time to move on to the present and the future. So rather than rehashing for the 30th time what happened in 2023, I’m going move forward and update everyone on what to expect in 2024.

*I would also like to say that all opinions raised in this piece are my own and do not represent HCA’s opinions and thoughts.*

Federal Outlook

Now We Have TWO BUDGET DEADLINES!!!

Congress loves budget season and the immense amount of press that comes with it so much, that they broke the yearly budget into two deadlines. For a small recap, (I know, the hypocrite I am) Congress previously failed to pass a full year spending package that would fully fund all 12 regular appropriations bills by the original continuing resolution (CR) November 17th deadline, newly elected House Speaker Mike Johnson crafted and passed a two-step CR, with four of 12 appropriations bills expiring January 19, and the remaining eight expiring February 2. While this buys Congress time to discuss appropriation levels, it also creates a series of funding deadlines that, if not met, will shut down parts of the government.

Now the first deadline, January 19th, is quickly approaching for Congress to pass four of 12 appropriations bills, which include budgets for the FDA, Energy and Water Development, Military Construction and Veterans Affairs, and Transportation, Housing and Urban Development. “The Hill” reported that there are four different avenues that Congress could take when it comes to dealing with the budget.

Option one: Congress passes all their funding bills by each deadline. Now this Option is looking less and less likely as days pass.  “It’s going to be very difficult to get all of the appropriations bills we have to get done in time if we don’t have the [top-line] number, and we don’t have the number right now,” Rep. Tom Cole who heads the House subcommittee that crafts the annual funding bills for the departments of Transportation (DOT) and Housing and Urban Development (HUD). “So, we’re going to have to make some tough decisions in early January.” To date, the House has passed seven GOP-crafted spending bills while the Senate has passed a so-called maxibus of three bills. But the bills passed look vastly different between chambers, which means there is still a long way to go for Senate and House leaders when it comes to an agreement on a final package.

Option Two: Congress passes another stopgap for the budgets due on January 19th. This is becoming the more likely option as discussions between lawmakers continue to stall. There have already been doubts raised by legislatures in the House and in the Senate before the Holiday break on Congresses ability to pass any budget pieces, with one saying that if a deal was not made before the break, the odds of any deal happening by the deadline were very slim. It is yet to be seen how a 3rd CR would be drafted and when the next deadline would be. It is important to note that Speaker Johnson has said he will not push through another short-term stopgap. “A CR is simply unacceptable for a year,” Senate Minority Leader Mitch McConnell (R-Ky.) said before the Senate left for their end-of-year recess. “It’s devastating, particularly for defense, and we’ve got all of these wars going on. So, we need to reach an agreement on the top line and get about getting an outcome as soon as possible.”

Option Three: Parts of the government shut down as negotiations continue through the February 2nd deadline. I personally believe that this will not happen, as it would be a major blow to Speaker Johnson reputation if he fails to pass any sort of a budget or a CR by the 19th.

Option Four: Congress passes and omnibus spending package funding all budgets at once. This is something that hardline Republicans were trying to prevent when they pushed for the two-step CR. Former Speaker Kevin McCarthy, during his fight to keep his spot, promised conservatives he wouldn’t resort to a single massive spending package, and Speaker Johnson backed that vow, telling reporters in November that they “broke the omnibus fever — we call it the ‘omni fever.’”

But with limited options on the table, I would not put it out of the realm of possibility that the Biden Administration along with Senate Democrats propose a full year omnibus package to Republicans at the last minute that entices them to support rather than a government shutdown.

Regardless of which option comes to fruition, we can all agree that this will be an absolute shit show. It’s unbelievable to me that Congress continues to fail to recognize that literally no one wins when they fight over the budget, and it only pisses off the vast majority of the public. The public is forced to witness stupid cat fights between media hungry, empty-suit politicians that only care about themselves and only try to show that they care about leading when it’s best for them.

It’s the same dog and pony show every year, where one side demands X and the other demands Y, they both say they wont budge even though in the end they always do. I understand why Speaker Johnson broke up the appropriation budgets into different deadlines, but in the end won’t change how they negotiate overspending. We are already hearing discussions about a single omnibus budget being negotiated which basically makes the two deadlines useless. What holds up the budget process every year, isn’t mundane budget features such as payroll or resources. It always comes down to year specific budget proposals (i.e. border crisis, Ukraine aide, Israel aide, etc.) which cause the whole budget process to hault. These politicians walk around like there are no ramifications for delaying a budget or even failing to pass a budget resulting in a government shutdown. So many businesses, non-profits, charities, non-profits rely on government funding to survive and when they fail to advance the budget, they all get hurt. I think, every time there is a CR, members of Congress should not be paid for the extended amount of time, and if there is a government shutdown, they should owe money for every day it is not open.

Presidential Election

It’s the most horrible time of the year!!! With so much despair and with everyone crying, giving you great fear!!!! It’s the most horrible time of the year!!! (single with cadence of it’s the most wonderful time of the year by Andy Williams).

Yes, sadly it’s finally here. The race to be elected president is right around the corner, haunting us all like the Babadook in the shadows, with election day this November. I’m not going to spend much time on this because, as history has shown, no one can accurately predict what will happen. Right now, it is looking like we will have to live through the worst rematch in history between Donald Trump and Joe Biden. The only outside candidate that I believe has a shot to challenge either candidate is former South Carolina Governor Nikki Haley, who is the type of person that reminded her teachers when homework wasn’t collected. She has gotten the most support out of all the challengers to Donald Trump in the Republican primary.

As the year goes on Congress will become less and less active as the election day draws closer. So, I would plan for Congress to basically stop once August recess comes around.

State Outlook

Second Session Is Here

New year, same business. January 3rd marks the beginning of the second session of the 193rd general court of the Commonwealth of Massachusetts. The second session is when the legislature is usually the most active, with it being the last time to act on a piece of legislation that were introduced during the first session. This year, legislative leadership will have their handful with trying to pass legislation on hot button issues, such as gun control, climate, housing crisis and growing health care costs. The legislature will also need to pass a budget for FY25, which will come with its own headaches as Massachusetts looks to address the migrant shelter crisis.

HCA will be very active this year as we look to advance two key pieces of legislation that we filed, H.649 – An Act to Improve Massachusetts Home Care, and H.1195/S.755 – An Act Clarifying Rate Setting Processes for Home Health and Home Care Services. The licensure bill was recently voted favorably out of committee by the Joint Committee on Elder Affairs, referring the bill to the Committee on Health Care Financing. The Licensure bill will now move to the next step of the legislative process, which involves three occasions (known as “readings”) in each branch in which a bill is considered. The first “reading” will come from the from the Joint Committee on Health Care financing. Please use this ACTION ALERT to write to members on the Joint Committee on Health Care Financing urging them to give the bill a favorable report. HCA will provide updates on the licensure bill as they unfold.

We expect that H.1195/S.755 – An Act Clarifying Rate Setting Processes for Home Health and Home Care Services, will be given the same treatment soon as the deadline for the Joint Committee on Health Care Financing to report bills out of their committee is the fourth Wednesday of February.

Did You See That? – September 2023

If politicians at the state and federal level have all of August off, why can’t I! rather than cover very little news in the August version of the rundown, I decided to take a break like everyone else in politics did, to re-group, recharge my batteries and watch my Mets season completely fall apart.

The Rundown is back under a new name “Did You See That?!?”, which I think is a better title my original choice which sounded like an 80s Sylvester Stallone action movie. This edition will be shorter than usual due to the lack of political news over the last month. But hey…. At least I’m here.

State Recap

Governor Healey Signs FY24 State Budget, Over a Month Late

Shockingly, August started off with some actual business being done. On August 10th, Governor Healey signed a $56 billion annual state budget for fiscal year 2024, marking her first annual budget signing since taking office in January. The signing of the annual budget comes over a full month into the fiscal year it covers, making Massachusetts one of the last states to pass a FY24 budget. This budget is the budget the second latest to land on a governor’s desk in 22 years. The budget will increase spending by 7% compared to FY23 budget, and for the first time, distribute at least $1 billion in revenue raised from a new tax on the state’s wealthiest residents.

The spending plan includes many policy provisions such as, making a pandemic-era program providing free school meals to all students permanent, supports in-state tuition and financial aid at public colleges and universities for undocumented immigrants, and offers assistance to help Bay Staters ages 25 and older attend community college for free. Due to substantial rate increases for home care services, unlike the FY23 budget, this budget does not include funding for the Enough Pay to Stay rate add-on.

Overall, Healey gave her approval to 103 of 112 outside policy sections, returned eight with amendments, and vetoed one authorizing the use of $205 million in one-time funding. She also reduced the budget’s bottom line by the same amount.

AG Campbell Confirms, these are Not Dumb Questions

Attorney General Andrea Campbell’s office said this week that it had certified almost all of the 42 potential election ballot questions (proposing 38 laws that could be decided at the 2024 ballot and four constitutional amendments that could be decided in the 2026 election) that had been filed by the August deadline. Thirty-four proposals (in some cases representing multiple proposed versions of a potential question) were certified, seven were not certified and one was withdrawn by its sponsor, according to Campbell’s office.

Some key ballot questions revolve around rights and benefits for Uber drivers, rent control, voter identification and the auditor’s ability to audit the state Legislature. The latter being the most interesting in my opinion. Auditor Diane Dizoglio, who is a former state Rep and Senator, has been in a consistent battle with the state legislature to have them open up their books to show exactly how much every state legislator makes.

Dizoglio filed a ballot question that would establish a state law explicitly permitting the auditor’s office to audit the Legislature. Top Democrats have resisted, arguing she does not have the authority and that doing so would violate the “separation of powers” required by the Constitution. In late July, DiZoglio appealed to Campbell for the attorney general’s support in a move toward litigation.

How is the STATE AUDITOR overstepping their authority when they are auditing the state, which is literally her job. That is like saying a chef cannot make food for staff because their job is to make food for customers. It just makes no sense.

Look I understand the concept of separation of powers, but we have seen over the years corruption, and just common bad practices by legislators not only in Massachusetts has increased to Whitey Bulger setting levels. We need our legislators and government officials to be held to a higher standard, and the best way for that to happen is for everyone to see what they are doing/what they have done.

Also, I’m not a detective, but it’s suspicious how aggressively they are trying to keep their books closed. I mean this is the same state leadership that literally changed term limit rules to allow the Karen Spilka to keep her leadership position of Senate President, even though her term limit ran out. Also, it says a lot that a person who was both a state representative and a state senator is so keen on auditing their books, I only imagine, she knows exactly what’s in their books, that needs to be released to the public.

HCA Submits Comments to CMS Proposed CY2024 Home Health Payment Rule

In late August, HCA submitted comments to CMS’s proposed CY2024 Home Health Payment Rule. In June, the Centers for Medicare & Medicaid Services (CMS) released their annual proposed rates for Medicare home health services, which would reduce net home health payments by an estimated $375 million, or -2.2%, in calendar year 2024, compared to 2023 rates. With home care providers already facing an unprecedented workforce shortage, leading many to turn away patients due to lack of staff, inflation, and exceedingly high gasoline prices, now is not the time to cut payment rates.

Look Ahead

As I have written before, this state legislature has been one of the least active legislatures in years, and they seem to be keen on keeping that reputation. The state legislature is taking a slow approach to coming back from the Cape and isn’t planning on bringing up any major legislation anytime soon. I will keep everyone posted, when big pieces of legislation come up.

Federal Recap

August is an aggressively slow month on Capitol Hill, as members of Congress and their staff head back to their state/districts for some “needed R&R”. I put needed R&R because I honestly think its ridiculous that in modern times members of Congress basically get a full month off of work like they are teachers. It made sense when they had to go back to plant/harvest crops and tend to their local businesses in the 1800’s. But in a time when you can get from DC to San Diego in less than 6 hours, I don’t see why they need a full month off from passing bills (which they rarely do). Its just infuriating the more and more you think about it. But I digress.

The only noteworthy news event in August that pertains to the federal government, is that the first Republican primary was held. But honestly for everyone’s sake, and mainly for my sanity/respect for other people/my job. I’m going to bite my tongue and not share my opinion on that matter.   

Look Ahead

Heading to the Swamp

HCA will be heading to the D.C. swamp on September 20th with some member agencies to speak with members of the Massachusetts congressional delegation to educate them on the impact of the proposed rate cut and how they can help to stop CMS from implementing the proposed cuts. We will be asking these offices to sign onto The Preserving Access to Home Health Act of 2023, which would prevent CMS from implementing their cuts.

You can help our advocacy efforts by reaching out to your member of Congress urging them to sign onto the bill, by using this ACTION ALERT to write directly to them.

The Rundown – July 2023

State Recap

HCA Provides Testimony at Elder Affairs Hearing

On June 19th, HCA provided verbal testimony (Add Testimony HERE) at a Massachusetts state Elder Affairs Committee Hearing. HCA provided testimony on H.640/S.397, An Act to Improve Infection Control in Massachusetts Home Care, which would direct EOHHS to establish a mandatory infection control training program for personal home care attendants and all home care employees.

During the hearing we made it clear that we do not support the bill and raised our concerns with bill as drafted. We explained that this bill would prove to be duplicative with existing infection control requirements established at the federal level and in ASAP contracts. In addition, we strongly encouraged that the bill be re-written so that the text clearly clarifies that home care agencies should be allowed to conduct the training, if infectious control training is required.

If you would like to submit your own written comments on the bill, testimony may be submitted to the Committee via email to committee joseph.russo@mahouse.gov and victoria.halal@masenate.gov.

Budget, What Budget? No Movement on State Budget

I think state legislators are taking The Kink’s song “Sunny Afternoon” a little too seriously. Once again state legislators failed to pass an annual state budget for FY24 by the June 30th deadline, resulting in the state legislator passing a supplemental budget to fund the government through July. This has become a common practice for the legislature, as they have not passed an annual budget on time since 2011. For reference of how long ago that was the last Harry Potter movie came out that year, Instagram had just come out, and Osama Bin Laden was killed. to summarize, THAT’S A LONG TIME AGO. Hell, I was still in school in 2011, I won’t say what level of school, but I’ll just say that I was 4 inches shorter in 2011 than I am now.

The legislature has taken a more relaxed approach in recent years with the budget usually being passed in mid-late July. Last year, the annual budget was not formally signed into law by then Governor Charlie Baker till July 28th. Legislators are still ironing out key discrepancy between the House proposal and the Senate proposals. At the rate they are at, I don’t expect a budget to be agreed and passed till late July at the earliest.  

Look Ahead

Joint Health Finance Committee to Hold Hearing on Rate Setting Legislation

The Joint Health Finance Committee plans to hold a hearing on Tuesday, July 25th, on numerous bills that pertain to home care services. One of the bills that is being considered is H.1195/S.755 – An Act Clarifying Rate Setting Processes for Home Health and Home Care Services. As a refresher, this bill would clarify the rate setting processes that are already in place for both home health and home care services. It would NOT set the rates or dictate the amount for future rates set by Mass Health and EOHHS. It does make the rate setting process more transparent and ensures rates set by the state follow the rate setting laws and reflect the actual operating costs incurred by home health and home care providers. In addition, it articulates the cost factors that should be included in the methodology and rate setting process including new regulatory costs and governmental mandates. Recent examples include changes in the state’s minimum wage, the Paid Family and Medical Leave Act, health insurance, employee benefits and training, and increased technology costs.

This bill has been a major focus of our advocacy efforts for the last couple years, and we would like everyone to provide testimony if possible. In all seriousness, it will only take 3 minutes of your time. I will draft a template for members to use to write their testimony to either send to the committee or to provide verbally on the day of. The more people the provide testimony, verbally or written, the stronger our voice. I will be there in person to speak to the committee on behalf of the association and if anyone would like to join me, please email me at hccollins@thinkhomecare.org.

House Proposes Nearly $700 Mil in Supplemental Spending (State House News)

House Democrats are preparing to bring forward a $693 million spending bill that would steer financial support to vulnerable hospitals, allow state energy regulators to update contracts related to a key hydroelectric transmission project in Quebec, and extend horse race simulcasting for another half-decade.

The House Ways and Means Committee on Wednesday morning opened a poll on a redrafted supplemental budget (H 3869), one day before the chamber is set to meet in its first formal session since April 26.

Of note, House Speaker Ron Mariano’s office said the bill calls for spending $180 million to support hospitals still facing pandemic-related impacts, including those that serve a high percentage of Medicaid patients.

Mariano’s office said the bill would also give the Department of Public Utilities the flexibility to approve amended transmission contracts related to the New England Clean Energy Connect (NECEC) project, which would carry hydroelectric power generated in Quebec through Maine to end points including Massachusetts.

Representatives on the House Ways and Means Committee were given until 11 a.m. Wednesday to indicate their support or opposition for the spending bill. The bill is a supplemental budget for fiscal year 2023, which ended June 30. House and Senate negotiators have not come to terms on a compromise annual budget for fiscal year 2024, which began July 1.

Federal Recap

CMS Proposes Massive Cuts to Home Health Payment Rates

On the last Friday of June, CMS published its FY 2024 home health proposed payment rule. First before I get into the proposed rule, I have to vent really quickly about how annoying it is that both federal agencies tend to release major regulations/proposed rules on Fridays, especially before holiday breaks. CMS released their proposal (though it was accidentally leaked early) in the afternoon on the FRIDAY BEFORE JULY 4th WEEKEND. Not only did this ruin my plan to leave work a little early to get a jumpstart of the long weekend, but it ruined the entire weekend because I had to read and analyze the entire proposal. Listen I understand that they do this because they want to bury proposals like this so that it doesn’t get major new coverage, but for us professionals, whose entire job are affected by these releases, it is such a slap in the face. I don’t pay my taxes that help to pay CMS staffs salaries for them to turn around and basically pull a beer out of my hand and throw a big regulatory rule at my face. It’s rude, inconsiderate, and ill argue it hurts the economy by keeping my hard-working (relative) people stuck inside reading, rather than out spending money at bars, restaurants and stores. It should be legally required that federal agencies have to release regulations/proposed rules on Mondays or at least 5 business days before a holiday break.

Alright, back to the proposal. CMS is proposing a 2.2% decrease aggregate home health payments, or an estimated $375 million less compared to 2023 levels. The proposed update would bump payments 2.7%, or $460 million, but that is completely undermined because home health agencies are being forced to absorb a 5.1% decrease, or a decrease of $870 million. As a refresher, last year CMS originally proposed a 7.85% permanent rate adjustment based on the conclusion that HHAs were overpaid in 2020 and 2021 due to provider behavior changes in coding and services provided. In the end, CMS only applied a 3.925% permanent rate reduction after objection from agencies and home care associations. At the time, CMS explained that the lower adjustment would be applied because “we recognize the potential hardship of implementing the full -7.85 percent permanent adjustment in a single year.” The 5.1% proposed rate reduction represents the remainder of the original 7.85% rate reduction that CMS calculated as warranted under its methodology for 2020 and 2021 along with an additional 1.636% for 2022, totaling 9.36% overall from the beginning of PDGM.  An early analysis indicates that the additional 2022 element to the proposed permanent adjustment is due to further visit decreases in a 30-day episode, particularly with therapy services. For an in-depth summary of the proposal rule, CLICK HERE.

CMS will accept comments on the proposed rule through Aug. 29. HCA will be submitting comments, and we strongly encourage members to submit comments as well. We will provide further updates as they develop on the proposed rule.

NAHC Files Lawsuit Against CMS and HHS

After the CMS proposed rule was released, The National Association for Home Care and Hospice (NAHC) filed a lawsuit against the Centers for Medicare and Medicaid Services (CMS) and the United States Department of Health and Human Services (HHS) challenging the validity of a change in Medicare home health payment that reduced rates by 3.925% in 2023 with significant additional cuts expected over the next several years. The lawsuit, which was filed in the District of Columbia, comes just a couple days after CMS released their proposed rule for 2024 which includes an addition additional 5.653% permanent rate cut in 2024.

In the lawsuit, NAHC argues that the methodology used to calculate the rates is flawed, and that the rate adjustment will worsen home care staffing shortages and patients’ access to care. In a statement released today by NAHC Until recently, nearly 3.5 million Medicare beneficiaries received home health services annually. Since the new payment model began in 2020, over 500,000 fewer Medicare patients have accessed home health services. According to a statement released by NAHC, they are seeking declaratory and injunctive relief including a reversal of the rate adjustments in the 2023 rule and requirement that Medicare implement the budget neutrality mandate consistent with the law. It should be noted that it could take months for the case to be heard with no timetable set. HCA will be closely following the court case and will provide updates as they unfold.

Look Ahead

With August recess right around the corner, July is usually a slower month where Capitol Hill wraps up last minute things before takin a month break. But not this year, Congress decided they wanted to set off some last second fireworks before everyone left. The big piece of legislation that everyone is talking about is the NDAA, the National Defense Authorization Act. The NDAA is a massive $886 billion must-pass bill that details the annual budget and expenditures of the U.S. Department of Defense. The NDAA is one of few pieces of legislation that usually passes with bipartisan support, and with minimal debate, but this year is very much different.

House Republicans have chosen the NDAA as the next battle ground in the culture war. Far Right Republicans have been adding countless poison pill amendments that risk driving away any chance of Democratic support. The most controversial amendment being Rep. Ronny Jackson (R-TX) proposal that would remove a Pentagon policy that allows service members to take up to three weeks of leave to travel out of state for an abortion and other “non-covered reproductive health care services.” The policy also states the Department of Defense will reimburse members for any expenses related to that travel. This rule was established in the wake of the Supreme Court decision that stripped abortion rights and left them up to individual states. Republicans argue that the new rule circumvents laws barring taxpayer money for the procedure in most cases, but language to undo this new policy could be a red line for Democrats. The abortion rule has been a major sticking point for Republicans in both the House and the Senate. In the Senate Sen. Tommy Tuberville (R-AL), who looks like the human version of Squidward, has been holding up high level defense appointments until the rule is taken out, leaving many key positions unfilled.

Other poison pill provisions revolve around Ukraine, NATO, sea-launched cruise missiles, and Buy American provisions. House Democratic leadership has signaled that if Republicans choose to move forward with any or some of these amendments (especially the abortion proposal) they would pull their support for the bill. that would leave Republicans with little wiggle room to pass the bill.

In the end the NDAA will be the central focus till they leave for August recess, with the Senate needing to pass the NDAA once it finally moves through the House. So there is still an opportunity for these people to say stupid stuff, like that being a white nationalists doesn’t make you racists, that will get everyone on Twitter and Thread (what ever that is) into a frenzy.

The Rundown – June 2023

State Recap

EOHHS Holds Hearing on Chapter 257 Rates for Certain Elder Care Services

On May 19th, HCA testified at the EOHHS Chapter 257 rate review hearing. As a reminder, EOHHS has proposed increasing rates for Enhanced Community Options Program (ECOP) Direct Services from $749.47 to $976.08 per client per month and rates for Home Care Program Direct Services from $326.35 to $424.34 per client per month, which amounts to a 30% increase to the base rate for both ECOP and Home Care Program Services.

During our testimony, HCA highlighted our concerns with the lack of transparency when it comes to the rate review process and that EOHHS should use real-time inflation data rather than projected, expected inflation data when determining cost adjustment factors (CAF). HCA wants to thank all members that submitted written testimony for the hearing, your input is very important. EOHHS still plans to meet the July 1st, 2023, deadline to promulgate the new proposed rates.

Senate Starts Debate over Senate FY24 Budget Amendment

In the end of May, the Senate started debates over amendments to their proposed FY24 budget. After 2 days of debate, the Senate has added $65.4 million in line-item spending to its $55.8 billion plan. One amendment of note that is set to pass is Sen. Patricia Jehlen amendment # 400, which would amend the Chapter 257 Rate Reserve line item 1599-6903 as follows: “By inserting after the words “any human service provider receiving revenue under said Chapter 257” the following: “, and any home care agency subcontracting with such human service providers to provide home care services,”. This amendment would specifically single out that home care providers would need to comply with the 75% pass-through requirement that is stipulated in the line item. We would like to note that this pass-through requirement is much broader than a pass-through amendment that was floated during the House budget debate, that HCA along with the Home Care Aide Council successfully blocked. HCA along with the Home Care Aide Council drafted a letter to Senate Ways and Means staff and Senator Jehlen that stipulated our concerns with the amendment.

We emphasized that the amendment is redundant since home care is already mentioned in the line item and that it has the potential to create regulatory confusion. We also noted the by including the amendment language it would single out one provider group under Chapter 257 and would raise an issue of equity. We argued that the pass-through requirement should apply to chapter 257 requirements broadly and equitably to all providers. In the end the amendment was added to the Senate budget proposal that should be passed in the coming days. Once passed by the Senate the legislature will create a conference committee to debate the differences between the house and senate bills before sending a final bill for the governors signature. HCA will continue to advocate for the amendment to not be included in the final budget proposal.

Look Ahead

State Budget

In the beginning of June, the Senate should pass their state budget proposal for FY24. Once passed, the lengthy budget process will move to the next stop, conference committee debate. In June, after the senate passes their proposal a conference committee will be formed with legislators from both the House and Senate. The committee’s purpose is to iron out the differences between both budget proposals and create one final budget proposal for the legislator to pass.

While it seems like we are getting close to the finish line, that’s far from true. It could take a couple of weeks for the conference committee to debate the differences. Even then, once it’s created and passed by the legislature, it will still need to be reviewed and approved by Governor Healey, who is allowed to send back the proposal with suggested changes. Which is a common occurrence, last year former Governor Charlie Baker sent back the legislature proposal with amended language for an outside section.

Technically, the state has until June 30, 2023, when last year’s budget runs out, to pass a new budget and continue funding the government. The state never meets this deadline and passes a supplemental budget to extend FY23 funding until they are able to pass a new budget. Last year it took till July 28th, for Massachusetts to pass their FY23 budget, making Massachusetts one of the last states to pass a budget.

I will provide another budget update next month when inevitably the FY24 budget has not been passed.

Federal Recap

Debt Ceiling Debate Rages On

The main focus of everyone on Capitol Hill has been the on-going debate surrounding increasing the debt ceiling. For a brief backstory, the debt ceiling is the maximum amount of money that the United States can borrow cumulatively by issuing bonds. The debt ceiling was created under the Second Liberty Bond Act of 1917 and is also known as the debt limit or statutory debt limit. If U.S. government national debt levels bump up against the ceiling, then the Treasury Department must resort to other extraordinary measures to pay government obligations and expenditures until the ceiling is raised again or risk a drop in the U.S. credit rating or defaulting on loans (which both would be disastrous). The debt ceiling has been raised or suspended over 78 times since 1917 with the most recent raise being in 2021. Treasury Secretary Janet Yellen has been sounding the alarms for the last couple of months that the U.S. is at risk of hitting the debt ceiling as soon as June 5, NEXT MONDAY, setting a deadline for Congress to vote to either raise or suspend the debt limit.

Since the end of April, there has surprisingly been progress in the negotiations. President Biden and Speaker of the House Kevin McCarthy struck a true compromise over Memorial Day weekend on a package to avert a disaster. The package would suspend the debt ceiling through Jan. 1, 2025, effectively moving any future debate till after the 2024 presidential election but would also reign in future government spending. Under the deal, non-defense spending, such as Medicare and Medicaid, would remain relatively flat in fiscal 2024 and increase by only 1% in fiscal 2025, 2% below a planned 3% increase in defense spending. After fiscal 2025, there would be no budget caps. One of the most contentious points of the deal is an increase to work requirements for adults that receive food stamps through SNAP. Lastly the deal stipulates that the student loan payment moratorium would be lifted this August.

While this is not exactly what both sides wanted, it is a true compromise between no cuts to spending that Dems wanted and massive cuts in spending that Republicans wanted. The biggest news is that this deal would prevent a potential economic meltdown that none of us have ever experienced. Just think about how hard life was when you had shitty credit. Now imagine if the U.S. credit rating was so bad that couldn’t even get pre-approved for a Kouls card. That is exactly what this deal would avert.

Look Ahead

Debt Ceiling

While there has been progress on the debt ceiling package, we are still not at the finish line. It wouldn’t be Congress without some superficial fanfare. Since Sunday, when text of the bill was released, Republicans and Democrats opponents of the bill in the House and Senate, mainly the house, have been SCREAMING for the last couple of days, calling this bill a shame. Republicans mad that they aren’t going farther with spending cuts, while Democrats hate the new work requirements and cuts to non-defense spending. There’s a lot of truly idiotic comments that I could write about, that just proved that there are a lot of members of Congress that only want the job for fanfare and notoriety and don’t even understand basic economics. But that would only give those members exactly what they want.

In the end all their shouting is as effective as a screen door in submarine. It’s a part of the game when both sides come to an actual agreement. The House passed the debt ceiling last night and Senate leadership on both sides has promised to move swiftly to pass the package before the June 5th deadline. Opponents on both sides in the Senate will still vocalize their opposition while the Senate debates the bill, but in the end, I believe that a deal will be met before June 5th. But when it comes to Congress you really never know what can happen, so, let’s all just hope for the best.

The main thing that we all need to keep a close eye on after the package is hopefully passed is now expected cuts to Medicare. With measly planned increases to all non-defense spending, there is a potential for deeper cuts to Medicare home care rates. CMS is already expected to propose further cuts and it could get a lot worse in the coming years. HCA is working closely with NAHC to stay up to date on any potential rate cuts that would directly impact our members. We will be sure to keep everyone updated if there are any potential cuts announced.

The Rundown – May 2023

State Recap

EOHHS Releases Proposed Chapter 257 Rates for Certain Elder Care Services

On Friday, Executive Office for Health and Human Services (EOHHS) released their proposed Chapter 257 Rates for Certain Elder Care Services. We are happy to report that EOHHS proposed increasing Enhanced Community Options Program (ECOP) Direct Services from $749.47 to $976.08 per client per month and Home Care Program Services Direct Services from $326.35 to $424.34 per client per month, which amounts to about a 30% increase to the base rate for both ECOP and Home Care Program Services.

While a 30% increase on the surface seems high, that percentage does not consider the temporary rate add-ons (EPTS, ARPA, and DALA appeal settlement) that agencies have become accustomed to. After accounting for all, the percent increase is closer to 7%. EOHHS still plans to meet their deadline of July 1st, 2023, to implement the new proposed rates.

EOHHS also announced that they will be holding a public hearing on the proposed rates on Friday, May 19, 2023, at 9:00am EST. HCA will be providing testimony at the hearing and encourage everyone to provide testimony as well. We will be sure to send around our draft testimony before and we are happy to help anyone with their testimony as well.

House Passes Budget Proposal

The House voted unanimously (156-0) to approve their $56.2 billion state budget for FY24, sending their spending plan to the Senate. The over $56 billion budget plan included significant increases in spending for education, childcare, environmental agencies, transportation, and hundreds of millions in tax relief. Not included in the Houses budget is the Enough Pay to Stay (EPTS) rate add-on. This didn’t come as a surprise since it was not included in their initial proposal and with new rates set to be released soon, we did not expect the house to include fully funding a rate add-on at this time.

Knowing that the House would not be inclined to fully fund the EPTS rate add-on at this time due to the rate review, HCA along with the EPTS coalition did submit an amendment to the house budget proposal that would fund a rate add on for 3 months or one quarter of FY24. We filed this language because we were concerned if EOHHS would meet the July 1st, 2023, deadline to promulgate new Chapter 257 rates, and if they didn’t, we wanted to make sure there wouldn’t be a massive rate cliff since the EPTS and ARPA rate add-ons expire on the same date. The amendment was not included in the final house budget but did garner some co-sponsors during the amendment process. The budget process will now shift to the Senate.

Tax Relief Package

The House also passed their $1.1 billion tax relief package a month after Governor Healey released her $742 million tax relief package. The Houses tax package includes many of the same provisions that were included in the Governors tax relief package, such as;

  • Decreasing the short-term capital gains tax from 12% to 5%.
  • Combine the Child Care Expenses Credit with the Dependent Member of Household Credit to create one refundable $600 credit per dependent, while eliminating the current cap.
  • Increase Estate Tax threshold from $1 million to $2 million (Healey proposed $3 million).
  • Increase the rental deduction cap from $3,000 to $4,000.
  • Double the Senior Circuit Breaker Tax Credit from $1,200 to $2,400.

Two proposals included that were not in the Governor’s proposal were 1.) increasing the Earned Income Tax Credit (EITC) from 30% to 40% of the federal credit. 2.) establishing a single factor apportionment in Mass based solely on receipts matching what 39 other states currently do. The tax proposal would also alter Chapter 62f of general law which triggers a tax refund if the state has excess revenue to adjust the credit to an equal amount per taxpayer rather than based on percentage of what taxpayer paid the commonwealth. The House tax proposal will tag along with the House budget proposal to the Senate side to be debated and most likely changed before going to vote.

HCA Provided Verbal Testimony on Licensure Bill for Non-Medical Services

The Home Care Alliance provided verbal testimony during a hearing held by the Joint Committee on Elder Affairs on H.649/S.380, An Act to Improve Massachusetts Home Care, which would create a licensure system for non-medical home care services.

For many years, the Home Care Alliance and our members have advocated for home care licensure, as we believe that agencies should be held to a baseline set of standards that would protect consumers and workers. We believe that this bill has the framework to do just that, without overburdening providers, and driving consumers to seek services in the unregulated, underground market.

We need your help to get this bill over the finish line. Please Click this LINK to submit pre-written testimony to the committee. Submitting written testimony shows legislators and committee staff how much support this bill has amongst the industry and Massachusetts at-large. This increases the chance that the bill is voted out of committee and potentially be voted on and passed by the entire legislature. Your voice matters and we want to help you use it!

Look Ahead

Senates to Propose State Budget Proposal Soon

The Senate is expected to release their budget proposal next Wednesday, May 10th with a budget amendment deadline of Friday, May 12th. Since EOHHS released new chapter 257 rates that incorporate the EPTS, ARPA, and DALA settlement rate add-ons we do not expect the Senate to include an EPTS rate add-on.

We will still be keeping a close eye on their budget proposal and any amendments that are filed to the budget. During the House budget process an amendment was added that would require a 75% of rate payments to home care agency providers for the elder home care program be spent by such home care agency providers on direct care workforce wages and benefits. The amendment was not added to the House’s final budget proposal after HCA along with the EPTS coalition worked hard to educate legislators and committee staff about the issues with amendment and how the language is not needed. We will keep a close eye to see if the same amendment is added to the Senate budget proposal.

Federal Recap

CMS Proposes That 80% of Medicaid Payments for Home Care Go to Direct Care Workers

Recently, the Centers for Medicare & Medicaid Services proposed two rules surrounding access to Medicaid. Among the provisions is a requirement that at least 80% of Medicaid payments for personal care, homemaker and home health aide services be spent on compensation for direct care workers.

The two proposed rules are Ensuring Access to Medicaid Services (Access NPRM); and Managed Care Access, Finance, and Quality (Managed Care NPRM). The former, Access NPRM, also would call for the following related to home care and home- and community-based services:

  • Require states to publish the average hourly rate paid to direct care workers delivering personal care, home health aide and homemaker services;
  • Require states to establish an advisory group for interested parties to advise and consult on provider payment rates and direct compensation for direct care workers;
  • Require states to report on waiting lists in section 1915(c) waiver programs; service delivery timeliness for personal care, homemaker and home health aide services; and a standardized set of HCBS quality measures;
  • Promote public transparency related to the administration of Medicaid‑covered HCBS through public reporting of quality, performance, and compliance measures;
  • Establish a new strategy for oversight, monitoring, quality assurance, and quality improvement for HCBS programs;
  • Strengthen person‑centered service planning and incident management systems in HCBS; and
  • Require states to establish grievance systems in fee-for-service HCBS programs.

“The Biden-Harris Administration has made clear where we stand: We believe all Americans deserve the peace of mind that having health care coverage brings,” Department of Health and Human Services Secretary Xavier Becerra said in a statement. “We are proposing important actions to remove barriers to care, engage consumers, and improve access to services for all children and families enrolled in these critical programs.”

Providers expressed a lukewarm reaction to the rule. While they were pleased that the Biden administration is addressing access challenges and rate transparency with HCBS, they did not appreciate that the rule does not confront actual payment rates. NAHC said in response to the proposal that “however, we are concerned that CMS is not proactively addressing the chronically woeful state payment rates for home and community-based services and instead is creating a new bureaucratic analysis that may or may not ever impact the wages of workers. We are further concerned that CMS has decided to forego ensuring adequate state payments in favor of applying an arbitrary requirement to pass through a proportion of the rates to direct care workers. This policy cannot be effective without consideration of the actual payment rates or the substantial administrative requirements that federal and state regulations place on providers.”

President Biden Issues Executive Order to Make Home Care More Affordable

On Tuesday, President Biden signed an Executive Order (EO) that includes 50 directives to Cabinet-level agencies with the goal to improve transparency and access for home care services, including for veterans, while boosting industry standards and expanding areas of federal coverage. Some of the provisions included in the EO include:

  • Directs HHS to consider issuing several regulations and guidance documents to improve the quality of home care jobs, including by leveraging Medicaid funding to ensure there are enough home care workers to provide care to seniors and people with disabilities enrolled in Medicaid, as well as build on the minimum staffing standards for nursing homes and condition a portion of Medicare payments on how well a nursing home retains workers.
  • Identify which of their grant programs can support long-term care for individuals working on federal projects, and consider requiring applicants seeking federal job-creating funds to expand access to care for their workers.
  • Directs the Department of Veterans Affairs (VA) to improve access to home-based care for veterans who require support with activities of daily living, like bathing and getting dressed, by giving them more decision-making power over who delivers that care and when.

In addition, the EO notes that the Department of Labor will publish a sample employment agreement so domestic child-care and long-term care workers and their employers can ensure both parties better understand their rights and responsibilities. The purpose of this is to grow awareness of employee’s options when it comes to unionizing. This is a report that we will be closely watching for when it is released. If you have any questions, please don’t hesitate to reach out.

Possible Bagel?

For those that didn’t religiously watch the West Wing, a bagel is another term for a recession. Forecasters at the Federal Reserve in April, warn of a possible recession later this year, further stowing doubt in the U.S. economy. Even though inflation eased this last month, only up 5% compared to last year, which is the lowest rate in the last 2 years, some recent data spooked forecasters to raise the probability of a bagel. Data that was released in April showed that retail spending is down, grocery sales were flat (even though prices went down), and service inflation (price of services like restaurant meals and haircuts) increased to over 7%, an absurdly high number. This is what led the federal reserve to increase interest rates once again in the beginning of May. This data along with reports that banks have started to cut back lending due to high interest rates and the recent collapses of SVB, Signature and just this last week One Republic bank, led some forecasters to raise the probability of a mild bagel later this year….. I hate when they do that, say something will happen “later this year”, it’s already May, almost halfway through the year? Does that mean it could happen in October or November? Then just say that!

Anyway, not everyone is predicting a mild bagel, some predict the economy to just “slow down” but not to fall into a bagel. But that still means that everyday people will continue to suffer. For the economy to “slow-down” that would mean that unemployment would rise, wage growth would drop, and the housing market would get worse than it is. In plain English, the Fed is trying to FUCK over average American’s and continue to make regular life harder and harder. I already accepted that I won’t be able to buy a house right now, but the Fed has made it clear that their actual goal is to making owning property impossible for millions of Americans. Bagel or no Bagel, it is getting really rough out here in America. And a bunch of fat-cat, ivy league people are trying to convince me that they are on my side during all this. History has shown that that is never the case. In the end, the more powerful and rich will continue to become richer and more powerful. All I can say is please put your money in some high yield savings accounts and hope for the best.

Pentagon Leak

We have finally hit the time that Si-Fi movies were predicting in the 80s when top-secret government documents were being leaked through video games. Like something out of The Americans, 21-year-old Jack Teixeira, American airman in the 102nd Intelligence Wing of the Massachusetts Air National Guard, leaked top secret Pentagon documents in a group chat on the platform Discord. The leaked highly classified documents included details about the war in Ukraine, intercepted communications about U.S. allies such as Israel, South Korea and Egypt, and details of American penetration of Russian military plans, among other topics. Teixeira charges include unauthorized retention and transmission of national defense information and unauthorized removal and retention of classified documents or material. The bulk of documents that were leaked are thought to have originate from the CIA’s Operations Center and the Pentagon’s Joint Chiefs of Staff. The documents appear to have been printed and folded twice. In some images there are items clearly visible in the background, including a hunting magazine, a knife and a tube of Gorilla-brand glue.

What I find most interesting about this story is that he used Discord. Now I have only been in this job for a little over a year but from everyone I have met, I can imagine that over 95% of you have no idea what discord is, and those that do is because they have kids that are at least teenagers. For those that don’t know discord is a rapidly growing communication platform where gamers can join parties to talk to other gamers. Think of it as like having one platform for all your group chats. That chat rooms vary, they could be filled with close friends, or just with people that share similar interests. While Discord is rapidly growing, its user rate is far behind bigger communication platforms like Twitter and Facebook. While 150 million active users may seem like a lot, that is only a quarter of Twitter’s active users (450 million) and a fraction of Facebooks 2.96 billion users.

So, it begs the question why he would choose this platform to release the documents. If he wanted to blow the lid on the U.S.’s foreign activities he would have used a bigger platform to reach more people. Using Discord is equivalent to leaking a story to the Cape Cod times rather than the Boston Globe. Not a lot is known about his true reasoning for why he leaked the documents. What is known is that he was suspicious of law enforcement and the U.S. intelligence community and was prone to ranting about “government overreach,” one of the group members told the Post. It is reported that roughly half of the chat group members lived abroad and that those who appeared most interested in the classified material were primarily from the “Eastern Bloc and those post-Soviet countries.” I think he was just trying to show off to his friends in some sort of manner and didn’t care about the consequences. He forgot that real life isn’t like Call of Duty and that when you are caught, you can’t just start the level all over again.

Look Ahead

Debt Ceiling

Currently, all focus is on the debt ceiling negotiations. Congress is running out of time to increase the debt ceiling to avoid federal defaults. Treasury Secretary, Janet Yellen, recently announced that the U.S. could default on its debt as early as June 1 and must move quickly to avert disaster. A debt default could trigger an economic downturn, which would prompt a spike in unemployment.

House Republicans lead by Speaker Kevin McCarthy recently passed “The Breaking the Gridlock Act”, that would increase the debt ceiling but would also scale back a wide swath of annual government spending to last year’s levels, a cut of about 8%, and cap its growth by 1% each year after that. The package also includes provisions that would require certain adult Medicaid recipients to work, perform community service, or participate in an employment program for at least 80 hours per month or earn a certain minimum monthly income. It would apply to those ages 19 to 55, but not those who are pregnant, parents of dependent children, those who are physically or mentally unfit for employment or enrolled in education or in substance abuse programs, among other exceptions.

This is where a line has been drawn in the sand. Democrats strongly disagree with every aspect of the Republican bill, Democrats do not want to pass a debt ceiling bill that would require a cut in spending nor cap growth in any capacity, nor do they want to implement work requirements. With Democrats in control of the Senate by a super slim margin, they do not have any plan to pass the Republicans proposal as is. Publicly Democrats have railed against Republicans for their proposal, accusing Republicans of holding the country hostage to demand federal cuts that will hurt the poor. But behind close doors their are reports that senior Democrats and the White House are actively working with a group of Republicans on a last minute deal to either suspend or lift the debt ceiling. Little is known of what Democrats are willing to leave on the table from the Republican package. I do expect that a deal will be reached in some capacity by the end of the month that will increase the debt ceiling. Both political parties love the spectacle that these situations create, but at the end of the day the few actual adults on both sides will work out a deal to avoid a potential disaster.

2024 Presidential Election Race

There is a massive storm brewing that is expected to hit all of America, that storm is the 2024 presidential race. The race is getting closer and closer with each passing day, President Biden announced that he plans to run for office again, if elected he would 86 when his second term ends; making him the oldest president ever.

Reports are also speculating that Florida Governor DeSantis will soon announce a presidential exploratory committee and may even announce his candidacy in Mid-May. Cloudy skies are starting to form and before we know it, we will all once again experience the nausea that comes from the race for president.

Trump Arrest

Now many legal experts have said that the charges are not that strong, and that amongst the multiple cases he could be facing, this one is the weakest. This case will not go through the thick of the legal system, where expensive lawyers make their money filing motion after motion to delay and change the scope of the case. I do not imagine a final ruling on a case anytime soon. The arrests will not stop him from running from president. Political analysts are split on whether or not the arrest will hurt him politically. Trump has shown time after time that analyst know nothing and that anything can be true and false at the same time when it comes to Trump.