OLR Bill Analysis

sHB 6609

AN ACT ESTABLISHING A COMMUNITY PROVIDER RESCUE FUND ACCOUNT, A COMMUNITY-BASED SERVICES COMMISSION AND A GRANT PROGRAM FOR NONPROFIT ORGANIZATIONS.

SUMMARY:

This bill establishes a Community Provider Rescue Fund as a separate, nonlapsing General Fund account. Funds from the account must be used as grants to community providers that have purchase-of-service contracts with state agencies to provide health and human services to the agency's clients.

The bill creates a 34-member Community-Based Services Commission to study and make recommendations concerning a long-term funding solution for these providers. The commission must submit a report with any proposed budget recommendations and policy and legislative changes to the governor and General Assembly by October 1, 2009.

The bill authorizes up to $ 65 million in 20-year general obligation bonds for capital improvements for the providers. The bonds are subject to standard statutory bond issuance procedures and repayment requirements.

The bill also requires the Office of Policy and Management (OPM), within available appropriations, to establish a grant program to help state-funded nonprofit organizations to consolidate their programs and services.

EFFECTIVE DATE: July 1, 2009, except for the provisions establishing the commission, which are effective upon passage.

COMMUNITY PROVIDER RESCUE FUND

Separate, Nonlapsing General Fund Account

The bill establishes the fund as a separate, nonlapsing General Fund account and directs the state treasurer to administer it. It requires the OPM secretary to make funds from the account available as grants to community providers with which state agencies have purchase of service contracts. These agencies include the departments of Developmental Services (DDS), Children and Families (DCF), Mental Health and Addiction Services (DMHAS), Social Services (DSS), Correction (DOC), and Public Health (DPH); the Judicial Department; and the Children's Trust Fund (CTF). The bill does not appropriate funds to the account, but it permits the OPM secretary to receive private donations for it.

Use of Funds

Under the bill, the grants can be used to (1) provide an immediate remedy to budget shortfalls for these community providers, (2) establish a stable funding system for them, and (3) establish a consistent “cost-of-service” adjustment to avoid future budget shortfalls.

COMMISSION ON COMMUNITY-BASED SERVICES

Composition

The 34-member commission includes the OPM secretary and the commissioners of DDS, DHMAS, DCF, DSS, Higher Education, Labor, and Economic and Community Development, or their designees. It also includes the chairpersons of the Appropriations, Finance, Human Services, Public Health, Government Administration and Elections, and Labor committees, or their designees.

Table 1 lists the remaining, appointed members and the appointing authorities.

Table 1: Appointed Members of Commission on Community-Based Services

Members

Appointing Authority

A social services provider for children or adults with disabilities and a parent of a child or adult with disabilities

Governor

Person knowledgeable about social services for individuals with disabilities

House speaker

Person with labor market knowledge

Senate president pro tempore

Person with economics knowledge

House majority leader

Person with Medicaid policy knowledge

Senate majority leader

Person with bonding knowledge

House minority leader

Person with knowledge of personal service agreements or education

Senate minority leader

Two members

Chief executive officer (CEO) of the Connecticut Community Providers Association

Two members

Connecticut Association of Nonprofits executive director

Two members

The ARC of Connecticut executive director

The appointments must be made by June 1, 2009. Vacancies are filled by the appointing authority. The House speaker and Senate president pro tempore select the commission's chairs from its membership. The chairs must schedule the first meeting by July 1, 2009.

The bill permits the commission, within available appropriations (the bill does not appropriate money for the commission), to contract for consultants with expertise in economics, the labor market, higher education, or accounting to assist it. The commission can receive funds from any source to carry out its activities.

Commission's Charge

Under the bill, the commission must make recommendations concerning:

1. developing a statewide strategic plan for funding services under purchase-of-service contracts, which must include (a) consistent funding for providing the services and (b) cost-of-living and other fiscal adjustments for payments that use an indexing option, such as the Consumer Price Index (CPI);

2. a budget to implement indexing; and

3. a budget and plan for stabilizing the service delivery system until indexed payments are allocated.

The bill requires the commission to conduct studies, research, and analyses and recommend ways to address “the problem” of funding community providers' services. The research must include:

1. comparing the employee costs, including wages and benefits, of providing these services in the private and public sectors, including unionized and nonunionized private sector employees;

2. studying the impact of standard wage legislation in the state;

3. comparing the compounded Medical CPI to the cost-of-living allocations made to service providers over 20 years;

4. analyzing the percentage increase in the health insurance, worker's compensation, property casualty insurance, and energy costs since 2000 and projecting increases through 2012;

5. projecting labor market trends through 2012;

6. calculating savings attributable to serving individuals in the community instead of institutions;

7. reviewing financial mechanisms for establishing an ongoing revenue source, such as a dedicated fund; and

8. any other studies, research, and analysis it deems necessary to accomplish its mission.

BOND AUTHORIZATIONS

Under the bill, the proceeds of the bond sales can be used for capital improvements, which are distributed as grants to community providers by the agencies with which they have purchase-of-service contracts. Table 2 lists the bond authorizations, by agency.

Table 2: Bond Authorizations for Grants to Community Providers

Agency

Authorization Amount

DDS

$ 29,215,829

DCF

13,912,938

DMHAS

9,553,305

Judicial

4,058,592

DSS

4,415,794

DOC

1,680,886

DPH

1,485,995

CTF

676,660

Grants

The bill requires the agencies to allocate the grants through a request for proposals process. A grant may not exceed the project costs. The proposals must be for:

1. improvements or expansion of treatment and service facilities;

2. administrative office locations;

3. fire and code compliance and upgrades;

4. physical plant maintenance and upgrades;

5. energy and conservation upgrades;

6. heating and cooling system replacement;

7. generators;

8. communication systems;

9. billing, accounting, and quality assurance software;

10. hardware systems and other technology improvements; and

11. medical records and Health Insurance Portability and Accountability Act (HIPAA) compliance.

GRANT PROGRAM FOR NONPROFIT CONSOLIDATION

The bill requires OPM, within available appropriations, to establish a grant program to help state-funded nonprofit organizations consolidate their programs and services.

Use of Grants and Guidelines

The bill permits nonprofits to use the OPM grants for the following:

1. facility purchases and improvements,

2. refinancing facility loans,

3. equipment purchases,

4. program administration,

5. energy conservation projects,

6. transportation, and

7. technology.

By October 1, 2009, the bill requires the OPM secretary, in collaboration with the Appropriations Committee and representatives of the nonprofits that receive state funds, to develop guidelines for administering and distributing the grants.

Applying for Grants

The bill requires the OPM secretary to publish notice of grant availability and solicit competitive proposals for FY 10 and subsequent years. Eligible nonprofits can file grant applications with OPM on forms and at a time that the secretary prescribes.

OPM Review of Applications

The bill requires the secretary to review all grant applications he receives and determine which ones to fund and the funding levels for each. The secretary, in collaboration with the Appropriations Committee and the nonprofits, must determine the criteria for deciding which organizations get grants and include the criteria in the above-mentioned notice.

COMMITTEE ACTION

Human Services Committee

Joint Favorable Substitute

Yea

12

Nay

6

(03/10/2009)