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2012 Special Session I

Budget Amendments - HB1301 (Conference Report)

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Funding for the DOJ Settlement Agreement (language only)

Item 315 #3c

Item 315 #3c

Health And Human Resources
Grants To Localities

Language
Page 245, line 48, strike "deposited" and insert:
"used to implement the provisions of the settlement agreement relating to United States of America v. Commonwealth of Virginia (Civil Action No. 312cv0059-JAG).”
Page 245, strike lines 49 through 53.
Page 245, after line 53, insert:
"U. Notwithstanding any contrary provision of law, the unexpended appropriation as of June 30, 2012 in the Behavioral Health and Developmental Services Trust Fund, appropriated for the expansion of community-based services in anticipation of an agreement with the U.S. Department of Justice, pursuant to Item 305, Chapter 890, 2011 Acts of Assembly, shall be reappropriated.  Upon approval by the Secretary of Health and Human Resources and the Secretary of Finance, the Director, Department of Planning and Budget, shall transfer the reappropriated amount from the Trust Fund to the general fund.  The general fund appropriation shall be transferred to Item 315 of this act and made available for the purposes of complying with the agreement with the U.S. Department of Justice.  The State Comptroller shall transfer the equivalent amount of cash from the Trust Fund to the general fund.  Any cash in the fund not associated with implementation of the agreement shall remain in the fund.
V.1. In order to meet the terms of the settlement agreement, the appropriations in Items 307 and 315 include the following estimated general fund amounts.

Estimated Amounts
    FY 2013
      FY 2014
Facility Transition$11,309,540$19,534,660
Community Waiver Slots$19,615,150$27,642,275
Program of Individual and Family Supports$2,400,000$3,200,000
Rental Subsidies$800,000
Crisis Stabilization$5,000,000$10,000,000
Facility Closure Costs$2,749,885$8,397,855
Administration$1,313,682$1,807,338
Quality Management$1,787,000$1,537,000
Independent Review$300,000$300,000
Facility Savings($5,846,989)($23,364,535)
Total $39,428,269$49,054,594


These amounts may vary as needs are identified throughout the year.  Changes to the amounts described above require the review and approval of the Secretary of Health and Human Resources and the Secretary of Finance.  Upon approval of the Secretary of Health and Human Resources and the Secretary of Finance, the Director, Department of Planning and Budget, shall transfer appropriation between Items 307, 311, 312, 314, as needed.  The Department of Behavioral Health and Developmental Services shall provide updates on July 1 and December 1 of each year to the Governor and the Chairmen of the Senate Finance and House Appropriations Committees regarding expenditures and progress in meeting implementation targets established in the agreement.
2.a. The Department of Medical Assistance Services shall amend the Intellectual Disabilities Waiver to add 160 slots each year for individuals who are exiting training centers and 225 slots each year to address the community waiting list in accordance with the agreement.
b. The Department of Medical Assistance Services shall amend the Individual and Family Developmental Disabilities Supports Waiver to add 25 slots each year in accordance with the agreement.
3. The State Board of Behavioral Health and Developmental Services shall promulgate emergency regulations to implement an individual and family supports program.  These regulations shall become effective within 280 days or less from the enactment date of this act.
4. Any funds appropriated for the purposes of complying with the agreement that are unspent in the first year may be carried forward into the second year."


Explanation
(This amendment modifies language in the introduced budget to implement the provisions of the settlement agreement relating to United States of America v. Commonwealth of Virginia (Civil Action No. 312cv0059-JAG). The introduced budget provided $30 million for the Behavioral Health and Developmental Services Trust Fund to expand access to community-based developmental disability services including services to transition individuals from state training centers to community settings. This amendment keeps the funding in the general fund to address the provisions in the settlement agreement, which had not been finalized when the budget was introduced. It also reappropriates any unexpended balances in the trust fund from fiscal year 2012 for these purposes. Language provides authority for the Department of Medical Assistance Services to amend the Medicaid Intellectual Disability and Developmental Disability waiver programs to add waiver slots and provides emergency regulatory authority for the State Board of Behavioral Health and Developmental Services to implement an individual and family supports program, as detailed in the settlement agreement. Appropriated amounts to implement the settlement agreement which are contained in Item 307 and Item 315 are also set out in the language. The amendment also adds language requiring (i) review and approval of the Secretary of Health and Human Resources and the Secretary of Finance for any appropriation changes necessary between items and (ii) updates to the money committee chairmen on expenditures and progress in meeting implementation targets of the agreement on July 1 and December 1 each year.)