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2009 Session

Budget Bill - SB850 (Introduced)

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Department of Medical Assistance Services

Item 311

Item 311

First Year - FY2009Second Year - FY2010
Administrative and Support Services (49900)$111,979,815
$108,379,383
$111,266,662
$105,977,821
General Management and Direction (49901)FY2009 $91,894,161
$88,503,729
FY2010 $91,181,008
$87,236,015
Information Technology Services (49902)FY2009 $12,658,628FY2010 $12,658,628
$12,039,780
Administrative Support for the Family Access to Medical Insurance Security Plan (49932)FY2009 $7,427,026
$7,217,026
FY2010 $7,427,026
$6,702,026
Fund Sources:  
GeneralFY2009 $42,586,756
$40,821,395
FY2010 $42,246,756
$39,865,220
SpecialFY2009 $815,000FY2010 $815,000
Federal TrustFY2009 $68,578,059
$66,742,988
FY2010 $68,204,906
$65,297,601

Authority: Title 32.1, Chapters 9 and 10, Code of Virginia; P.L. 89-87, as amended, Title XIX, Social Security Act, Federal Code.


A. By November 15 of each year, the Department of Planning and Budget, in cooperation with the Department of Medical Assistance Services, shall prepare and submit a forecast of Medicaid expenditures, upon which the Governor's budget recommendations will be based, for the current and subsequent two years to the Chairmen of the House Appropriations and Senate Finance Committees.  The forecast shall include utilization and enrollment, but shall not include provider inflation adjustments, rebasing of provider costs or any other cost adjustments as required by law or regulation.  Inflation and cost adjustments unrelated to utilization and enrollment shall be forecast separately and submitted as a separate budget request as part of the development of the executive budget.


B. The Department of Medical Assistance Services shall submit expenditure reports of the Medicaid program in relation to the agency's actual appropriation to the Department of Planning and Budget and the Chairmen of the House Appropriations and Senate Finance Committees. These reports shall be submitted on a monthly basis.


C. Out of this appropriation, $50,000 in special fund revenue is appropriated in each year of the biennium to the Department of Medical Assistance Services for the administration of the disbursement of civil money penalties levied against and collected from Medicaid nursing facilities for violations of rules identified during survey and certification as required by federal law and regulation. Based on the nature and seriousness of the deficiency, the Agency or the Centers for Medicare and Medicaid Services may impose a civil money penalty, consistent with the severity of the violations, for the number of days a facility is not in substantial compliance with the facility's Medicaid participation agreement. Civil money penalties collected by the Commonwealth must be applied to the protection of the health or property of residents of nursing facilities found to be deficient. Penalties collected are to be used for (1) the payment of costs incurred by the Commonwealth for relocating residents to other facilities; (2) payment of costs incurred by the Commonwealth related to operation of the facility pending correction of the deficiency or closure of the facility; and (3) reimbursement of residents for personal funds or property lost at a facility as a result of actions by the facility or individuals used by the facility to provide services to residents. These funds are to be administered in accordance with the revised federal regulations and law, 42 CFR 488.400 and the Social Security Act § 1919(h), for Enforcement of Compliance for Long-Term Care Facilities with Deficiencies. Any special fund revenue received for this purpose, but unexpended at the end of the fiscal year, shall remain in the fund for use in accordance with this provision.


D. The Department of Medical Assistance Services, to the extent permissible under federal law, shall enter into an agreement with the Department of Mental Health, Mental Retardation and Substance Abuse Services to share Medicaid claims and expenditure data on all Medicaid-reimbursed mental health, mental retardation and substance abuse services, and any new or expanded mental health, mental retardation and substance abuse services that are covered by the State Plan for Medical Assistance. The information shall be used to increase the effective and efficient delivery of publicly funded mental health, mental retardation and substance abuse services.


E. In addition to any regional offices that may be located across the Commonwealth, any statewide, centralized call center facility that operates in conjunction with a brokerage transportation program for persons enrolled in Medicaid or the Family Access to Medical Insurance Security plan shall be located in Norton, Virginia.


F. The Director, Department of Planning and Budget, is authorized to transfer amounts, as needed, from Medicaid Program Services (45600), Medical Assistance Services for Low Income Children (46600) and Children's Health Insurance Program Delivery (44600), to Administrative and Support Services (49900), to fund administrative expenditures associated with contracts between the department and companies providing dental benefit services for Medicaid and FAMIS recipients.


G. Out of this appropriation, $340,000 from the general fund and $460,000 in nongeneral funds the first year is provided for the Payment Error Rate Measurement (PERM) program.


H. The Department of Medical Assistance Services is authorized to issue a request for proposal (RFP) for a fiscal agent for the Medicaid Management Information System (MMIS).  The department shall coordinate their efforts with the Virginia Information Technologies Agency when necessary.