By Paula Schmitz, Ph.D., J.D., M.B.A., C.F.A. Of Counsel, Garlo Ward, P.C.
www.garloward.com
Posted July 17, 2003
You can trust me,
For I promise,
I shall keep a watchful eye upon ya’ll,
Ooo I love to dance a little sidestep,
Now they see me, now they don’t,
I’ve come and gone,
AND Oooo I love to sweep around the wide step,
Cut a little swathe and lead the people on.”
– “The Sidestep,” The Best Little Whorehouse in Texas
(Lyrics used for educational purposes only)
Remember the Texas Governor in Carol Hall’s musical The Best Little Whorehouse in Texas? He loved to dance a little political sidestep, as politicians often do. Then, switch to real life. Our State is dancing its own little sidestep around its promises to provide adequate compensation for those engaged in its reimbursement scheme. With the elimination of 3.5% of funding from the staff enhancements incentive program, HHS is saying that heavy corrections need to be made to ensure that things stay fair all around, or last year’s minor iniquities between non-participants and participants will be stretched out like a cut in a rubber band, turning a pinprick into a great big gaping hole. This year’s incentives will therefore end up much less attractive unless reforms are made that reallocate where the money is going, and in what amounts. How much less attractive?
Have you ever heard Burt Reynolds sing?
If the system stays as it is, the 3.5% funding cut will have participants in the program losing 15% of their reimbursements, and, absurdly, non-participants seeing their reimbursements increase by 1%. At the public hearing on July 16th, a series of reforms will be proposed that could rectify the situation and keep the situation sane, at least as far as government policy goes. “Now they see me, now they don’t.”
Ideally, reimbursement rates will now be calculated over an average of both participants and non-participants alike, making sure those participants in the program with the same staffing levels as non-participants will no longer receive extra money merely for checking a little box. Reimbursements will be paid based on LVN minutes, and the minimum spending requirements for non-participants – the 85% spending floor – will also be eliminated. The basic rules of the program stay the same, although no longer will one be able to correct a missed filing, as non-submittals of the necessary periodic reports will now be final.
This means brighter sticky notes on the calendar and circling the filing date with a big red pen to keep from missing the now strict and stringent deadline! No funny stuff. They mean business. One wonders how strict and stringent the government will be with getting the money out on time.
It is possible that there is 1.2 billion in federal funding that may materialize to patch things up, but that would first be used to restore cut community care initiatives, and even if it does make its way over to the staffing reimbursements, it will probably only be used to raise rates back up to this year’s current rates. No one will know whether or not the money will be coming until late fall, however, and since things can only get worse, you are strongly encouraged to pray for the status quo. The next step is perhaps financial penalties for those who do not comply with state staffing enhancement regulations, but we can only hope that by that time the state budget will be too gutted to hire anyone to enforce them.
With the awkward tempos and off-kilter rhythms of economic realities mixed with politics and causing this government to change its direction faster than a politician can “cut a little swathe and lead the people on,” it looks like the only way to survive is to join hands, let them lead, and sidestep away. Getting your toes stepped on is a given.
For more information on this subject, contact Paula Schmitz with your specific question(s).
All information in this article and on this site is informational only and is not legal advice. Should you have any questions or a situation requiring advice, please contact an attorney.
Copyright 2003 by Garlo Ward, P.C., all rights reserved.
Austin, Texas 78752-3714 USA
Telephone: 512-302-1103
Facsimilie: 512-302-3256
Email: Info@Garloward.com
