By GARRY RAYNO, InDepthNH.org
CONCORD — The Joint Legislative Fiscal Committee approved spending up to $900,000 for the Department of Health and Human Services to satisfy a court order.
The federal Center for Medicaid Services told the agency to stop using federal Medicaid funds to pay for services for five developmentally disabled adults receiving services at the Judge Rothenberg Educational Center in Massachusetts.
The individuals were placed at the center by area agencies which the department reimbursed with federal Medicaid funds.
The department had received permission to use the center for certain services although it was not an approved provider, DHHS Associate Commissioner Chris Santaniello told the committee.
But in 2022 the department was told it would no longer be able to use the JRC for services, she said, and no federal dollars would be able to be used to pay the provider.
According to information provided to the committee, the department worked with the area agencies to find new settings for the five individuals, while negotiations and reimbursement payments continued until DHHS was informed in March that a new federal rule prohibited any further use of federal Medicaid money for the individuals at the center and reimbursement payments to the area agencies stopped.
The issue was taken to court in August, but the state Supreme Court ordered the department to pay for the services both past and into the future in September.
Santaniello said the issue remains in litigation, but the department has received two demand letters for payments since the court order.
Legally the department cannot pay using federal Medicaid money, but the court ordered payment regardless, she said.
The committee agreed to allow the department to transfer money in order to pay for the services if the litigation requires the department to do so.
Fee Increase
The Fiscal Committee approved a request to increase the fees for campsites for tents and RVs to be more in line with other similar private facilities.
Sarah Stewart, the commissioner of the Department of Natural and Cultural Resources told the committee the fees have not been increased since 2012 and an advisory committee is recommending the changes.
In information Stewart provided to the committee, she noted “the Division of Parks and Recreation has made major capital investments by expanding its campgrounds, upgrading RV hookups and updating bathhouses and other amenities.”
Under the plan, primitive campsites would increase from $23 to $29, standard sites from $25 to $35, lean-to sites from $29 to $40, platform sites from $29 to $35, waterfront sites from $30 to $40, and sites with water and electricity from $35 to $45.
Also scheduled to increase are Cannon Mountain campsites, as well as those at Ellacoya and Hampton.
Fees for cabins at Bear Hill, Pawtuckaway, Coleman, and Umbagog would not change under the plan.
The fees would help pay for the division’s expenses as the park system is self-funded for operating costs.
The fee increases passed without any discussion.
YDC Settlement Fund
The committee was told the first year of the Youth Detention Center settlement fund program will have settled about 30 cases of the 240 claims filed, with a payout of about $26 million from the $100 million fund.
Lawmakers created the fund to address over 1,000 claims of sexual and physical abuse at the Manchester center by workers at the facility and at several others.
In the last quarterly report that ended in the third quarter of the 2023 calendar year, claims filed totaled $175 million, but does not include the 65 or more claims filed to date in the fourth quarter, according to Jennifer Foley, legal counsel for the fund, which is administered by former Supreme Court Chief Justice John Broderick.
Those filing claims can negotiate with the attorney general’s office or through the administrator, Jennifer Ramsey, Senior Assistant Attorney General in the Civil Bureau, told the committee.
Several members of the committee questioned if the $100 million would be enough to cover all the claims or if additional money would be needed.
Committee chair Rep. Ken Weyler, R-Kingston, wondered if any claims would be paid in the next biennium, saying if that is the case, additional money could be added to the next budget.
Ramsey said with the cutoff date for filing claims at the end of calendar year 2024, it is likely some claims would be paid out in the next biennium.
Weyler asked if she had any idea when the current $100 million might run out, and she said she did not but would include an estimate in the agency’s next quarterly report.
Ramsey did say it is likely the $100 million will not be enough.
While over 200 victims have filed claims through the settlement process, many more have decided to go to court to litigate a settlement for the abuse they suffered while in the state’s custody.
Garry Rayno may be reached at garry,rayno@yahoo.com.
