Introduced by Representative LaVoie of Swanton
Subject: Education; Medicaid receipts
Statement of purpose: This bill proposes to have Medicaid reimbursements paid to schools instead of supervisory unions and remove provisions in law regarding use of the reimbursed funds.
AN ACT RELATING TO USE OF EDUCATION MEDICAID RECEIPTS
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 16 V.S.A. § 2959a is amended to read:
§ 2959a. EDUCATION MEDICAID RECEIPTS
(a) It is the intent of the general assembly that the state of Vermont shall maximize its receipt of federal Medicaid dollars available for reimbursement of medically-related services provided to students who are Medicaid eligible. It is further the intent that:
supervisory union school district identify special education and
other students eligible for Medicaid reimbursement and, to the extent possible,
submit Medicaid bills for services reimbursement.
(2) The department of education and the agency of human services work with local school districts to maximize reimbursements including services to non-IEP students.
(b) A Medicaid reimbursement administrative special fund is established within the department of education. Eleven percent of the Medicaid reimbursement funds shall be deposited into the fund. The funds shall be used for agency of human services and department of education administrative costs related to the collection, processing and reporting of education Medicaid reimbursements and statewide programs identified and approved by the commissioner of education with the advice of the secretary of human services. The commissioner shall expend monies from the fund only as appropriated by the general assembly.
least annually, the commissioner of education shall pay to each
union school district submitting Medicaid bills under this section,
50 percent of the reimbursed funds generated by the supervisory union’s school
district’s bill, excluding claims generated by state-placed students. Unless
the supervisory union has agreed to use the funds to operate a supervisory
unionwide program or to distribute the funds in a different manner, upon
receipt, the supervisory union shall distribute the funds to its member school
districts based on how the funds were generated. The commissioner of
education may withhold payment due a school district pursuant to section 2950
of Title 16 this title for a Medicaid-eligible state-placed
student if the school district has not submitted a Medicaid claim for
reimbursable services for that student.
the amount of Medicaid reimbursement funds received for services provided in
the prior state fiscal year exceeds
$25,000,000 $10,000.00, in
addition to the 50 percent of said funds paid to supervisory unions school
districts submitting Medicaid bills, 25 percent of the amounts in excess of
the $25,000,000 $10,000.00 shall be paid into an incentive fund
hereby created in the department of education. These funds shall be used for an
incentive payment to supervisory unions school districts with
student participation rates of over 80 percent in accordance with a formula to
be developed by the department of education, in consultation with the Vermont
districts shall utilize funds received under this section to pay for reasonable
costs of administering the Medicaid claims process, and for prevention and
intervention programs in grades pre-K through 12. The programs shall be
designed to ensure all students achieve rigorous and challenging standards
adopted in the Vermont framework of standards
and learning opportunities or locally adopted standards. A school district
shall provide an annual written justification to the commissioner of education
of the use of the funds. Such annual submission shall show how the funds’ use
is expressly linked to those provisions of the school district’s action plan
that directly relate to improving student performance.
(f) Remaining reimbursed funds shall be deposited into the education fund.
The Vermont General Assembly
115 State Street