Shackleford: We cannot allow caregivers to be punished for GOP's $1 billion Medicaid shortfall

Last December, a report from the Family and Social Services Administration (FSSA) revealed a massive forecasting error which resulted in a miscalculation of the funds needed to cover Medicaid expenses. The initial projection fell short of $1 billion dollars, forcing the FSSA to frantically to look for quick mitigation solutions. 

Republican lawmakers point to increased Medicaid enrollment during the COVID-19 pandemic, budget reversions and rising Medicaid enrollment as the reason behind the egregious error, though there is really no excuse that can justify this discrepancy. As a result of this blunder, $255.2 million will need to be appropriated prior to July 2024 to fund the program. In 2025, an additional $457.9 million will also need to be allocated. So, what does that mean for Hoosiers? FSSA is proposing to cut programs to save funding shortages created by an accounting error.

On Jan. 17, the FSSA released a statement proposing eight changes to help reduce costs. Among them is a plan to modify the Aged and Disabled Waiver. The proposal would forgo payments to Legally Responsible Individuals (LRIs) operating as Personal Care Attendants to those with disabilities. The consequences of this decision cannot be understated. Families across the state rely on the financial reimbursements offered through Medicaid Waivers to provide for those who need around-the-clock care. 

It is unconscionable that the FSSA is even considering halting financial assistance to caregivers. These reimbursements protect the most vulnerable in our state and punishing them for a GOP calculation error is no way acceptable. 

Families aren't the only ones pushing back. On Monday Jan. 29, the plan received pushback from the Intellectual and Developmental Disabilities Task Force including Lt. Gov. Suzanne Crouch who called on the Family and Social Services Administration to pause their cuts to the paid-family caregiver program. I applaud these bipartisan elected officials for offering their support to Hoosier families, and I encourage everyone to add their voice to testify against FSSA's plan. We’re glad to see leaders from all sides of the political spectrum joining the call for action Democrats have been pushing for months.

I have also taken steps to reduce the harm of this proposed action. On Tuesday, Jan. 30, I offered an amendment to House Bill 1386 during the Public Health Committee that would prevent Medicaid from reverting their funds, which was done and contributed to their budget shortfall. Of course, one could argue it could have been prevented if the reversion had not taken place. This would be especially effective during a budget year when funding is on the line.  As our population ages, we will see a rise in seniors who need care, which of course means the numbers for Medicaid enrollment will rise as well. By restricting the reversion of Medicaid funds, we will ensure that a healthy budget is protected from further reduction. 

I also am heartened to see Hoosiers speak out and refuse to take these changes lying down. On Monday, Jan. 22, parents with disabled children rallied at the Statehouse to protest these changes by the FSSA. Due to the current nursing shortage, many parents have been forced to take up the torch as full-time caregivers. This obviously means these parents cannot likely hold a full-time job, placing a financial strain on these individuals and their families. But these parents still need to afford food, housing and other basic costs of living. The funds distributed by the FSSA allow these parents to do right for their children and still receive an hourly income. 

Currently, the FSSA is encouraging parents to transition towards Structured Family Caregiving (SFC) as an alternative. SFC offers a daily rate ranging from $30-70 depending on the provider agency. But by contrast, currently, LSI's can receive payments up to $15 an hour, which is clearly the more advantageous option.

It is imperative that we provide these parents with the support they need to keep their children alive. I find it ridiculous that these families are the ones paying for the mistakes made by Republican lawmakers. 

I encourage Hoosiers to stand up for the well-being of these families and advocate against the proposed Medicaid Waiver changes. Comments on the proposal can be emailed to DDRSwaivernoticecomment@fssa.IN.gov.

Alternatively, feedback can be sent via the following address: 
FSSA Division of Disabilities and Rehabilitative Services P.O. Box 7083, Indianapolis, IN 46027 Attn: Medicaid Waiver Amendments 

Public comments will be accepted until Feb 16, 2024. Together, we can show the FSSA that we will not accept the burden they wish to inflict on Hoosier families navigating medically complex health needs. I refuse to stand by while these families are thrown under the bus. I call on the FSSA to listen to Hoosier families and reconsider this ill-advised decision. 

Moseley warns of the dangers of overriding local home rule

During the 2024 legislative session, House Republicans have proposed multiple bills that threaten local home rule. Home rule is the ability for our local municipalities including townships, counties and cities to govern themselves. Multiple bills proposed this session override local ordinances or negate city council votes. 

State Rep. Chuck Moseley (D-Portage) released the following statement:

“We in the state legislature have a duty to respect the desires of our local communities, and there are currently bills going through the legislature that threaten this duty. This session, this legislature has consistently proposed and passed legislation that neglects this responsibility. These bills set a bad precedent by threatening the individualism of localities across Indiana. We must remember that our local communities understand the challenges they’re facing the best.” 

House Bill 1199 is an example of legislation that overrides a local vote. The bill – passed by the House on Jan. 30 – repeals the economic enhancement district for the Indianapolis Mile Square. The Indianapolis City-County Council voted to adopt the fiscal tool in December after its approval in the 2023 state budget. Moseley voted against the bill to protect the interest of Mile Square property owners and locally elected councilors.  

“We enshrined this commitment in our constitution through the Indiana Home Rule Act,” Moseley continued. “In 1980, the legislature declared that local governments possessed the power to conduct their own affairs. We work for the people, and I fear that this anti-locality agenda delegitimizes the choices made by those same people. Instead of overstepping local elected officials – and therefore the will of Hoosier communities – we have a commitment to work together on the challenges our communities are facing.”

Moseley calls for increased protections for our animal friends

Monday, Jan. 29, House Bill 1412 passed through the House of Representatives, aimed at regulating the retail sale of dogs. The legislation would increase the responsibilities of the Indiana State Board of Animal Health (BOAH) and strip communities of the mandate to regulate puppy mills. State Rep. Chuck Moseley (D-Portage) released the following statement regarding the passage of the bill:

“As an animal lover and dog dad, I am outraged that members of this legislature would support legislation that allows bad actors to return to the puppy mill industry. House Bill 1412 replaces local control with underfunded oversight, uprooting the years of progress made in cities and towns around Indiana, including in my own, where communities like Valparaiso are taking steps to crack down on the abusive puppy mill industry. Twenty-one of our Hoosier communities have already addressed unethical breeding, wielding the local mandate to uphold the duty of care we owe to our animals. This legislation would have the Indiana General Assembly override that mandate from local voters.”

“The bill’s proposed plan for oversight ignores infrastructural needs by drastically increasing BOAH’s responsibilities, yet it doesn’t allocate funds to expand its operations. This lack of oversight will make it impossible to ensure pet retailers and breeders treat their animals humanely. If this legislation becomes law, the local groups around Indiana who work tirelessly with local officials to protect our pets will be powerless to prevent the abuse animals will endure at pet stores and unregulated breeders. House Bill 1412 is just another in a long line of legislation stripping localities of their power. We elect our local officials to govern. Why don’t we trust them to do their jobs?”

Moed opposes passage of bill to repeal economic enhancement district

Today, Jan. 30, the House Chamber passed House Bill 1199. The bill will repeal the Mile Square economic enhancement district law, which was adopted by the Indianapolis City-County Council after a provision to allow it passed in the 2023 state budget. The funding tool would provide the city with an additional $5.5 million a year for public safety enhancements, including a planned low-barrier homeless shelter.

State Rep. Justin Moed (D-Indianapolis) released the following statement regarding the passage of the bill: 

“Last session, the City and State collaborated to create a way to raise additional funding from downtown property targeted at the efforts to increase safety in downtown Indianapolis and fund resources to reduce homelessness. Unfortunately, HB 1199 upends those efforts and will leave the city without an important tool.”

“This is a step backward in our efforts to improve the quality of life and safety in our downtown neighborhoods. Furthermore, now much-needed resources for other parts of the city will likely be diverted to meet this unfunded need.”

Pack supports amendment to gauge temperature on citizen-led ballot initiatives

Today, Indiana House Democrats offered an amendment to House Bill 1265 to add the question “Shall citizens be allowed to initiate a ballot referendum in Indiana” to each ballot in the November 2024 general election. This amendment failed by a vote of 27-66.  

Throughout the country, Americans have had the opportunity to voice their opinions on issues such as cannabis legalization and abortion. Hoosiers currently do not have that ability.

State Rep. Renee Pack (D-Indianapolis) issued the following statement today after voting for the amendment:

“Citizen-led ballot initiatives are an effective way to hear directly from our constituents. I'm at a loss for what my Republican colleagues are so afraid of. If we believe that we, as legislators, are duty-bound to enact the will of our constituents, wouldn't it make sense to give Hoosiers a way to voice their opinions on issues which directly impact them and their families? This is a common-sense initiative that I will continue to support until the voices of Hoosiers are heard loud and clear at the ballot box.”

Pack supports bill establishing Green Alert for veterans

Today, Jan. 29, House Bill 1021, co-authored by State Rep. Renee Pack (D-Indianapolis), received unanimous approval from the Veterans Affairs and Public Safety Committee to establish a Green Alert for missing at-risk veterans. 

“This bill was first introduced in 2019, and I have been a supporter of this idea since coming to the Statehouse,” Pack said. “It lets veterans know that we stand behind them, even in the most difficult of times.  

“As a disabled United States Army Veteran, I'm so grateful our legislature is taking this issue seriously. When missing, veterans have an increased chance of death by suicide when compared to the general public. Not only would House Bill 1021 alert both citizens and authorities to a missing veteran, it would also provide vital information to assist their safe return. With this knowledge, officials can respond to the situation more safely and effectively.

“The health and safety of our veteran community is paramount. HB 1021 brings attention to the unfortunate reality experienced by all too many Hoosier veterans. This bill provides measures to bring our veterans safely home after a worst-case scenario. I want to commend State Rep. Mitch Gore's (D-Indianapolis) great work championing this issue, and I am honored to offer my support.”
 

Shackleford’s bills for the 2024 legislative session

Today, State Rep. Robin Shackleford (D-Indianapolis) announced her agenda for the 2024 legislative session. This year, Shackleford's legislative priorities center on implicit bias in health care, provisions for public health, tenant protections and providing vouchers for child care services.

Shackleford has filed the following bills:

• HB 1167: Requires the medical licensing board of Indiana to adopt rules requiring a physician and a physician assistant who apply for a license or renewal to complete continuing education addressing the topic of implicit bias.

• HB 1168: Requests the legislative council to assign a study of directing the legislative services agency to prepare a racial equity impact note for a legislative bill introduced in a session of the general assembly.

• HB 1166: Establishes the chronic weight management task force to study and make recommendations concerning chronic weight related diseases and Type 2 diabetes.

• HB 1195: Establishes the access to counsel in eviction task force (task force) to review matters related to the eviction process and potential funding sources to increase a tenant's access to counsel in an eviction proceeding.

• HB 1257: Provides that a household is eligible to begin receiving assistance under the federal Child Care and Development Fund (CCDF) voucher program if the household's income eligibility by the office of the secretary of family and social services (FSSA): (1) has a household income that does not exceed 85% of Indiana's state median income for the household's family size; (2) includes an individual who is employed by a licensed child care center, a licensed child care home, or a licensed or registered child care ministry; and (3) otherwise meets federal eligibility requirements for the CCDF program.
  

" I am fully committed to protecting the health and safety of all Hoosiers, which is why my legislation focuses on supporting vulnerable individuals in our state," Shackleford said. "Far too many Hoosiers are susceptible to unfair treatment when seeking healthcare, sudden eviction and the extensive costs of child care. My legislation will ensure everyone in our state is given the same considerations, protections and opportunities for success regardless of race, ethnicity, religion, gender, sexual orientation, physical abilities/qualities, age, health status or financial position."

"It is up to the General Assembly to evaluate our public health systems, housing policies and financial assistance programs reflect the needs of everyone in our state. Simply put, the status quo is does not need of Hoosiers. We have an opportunity to get back on track and push for policies that support the well-being of all Hoosiers, so let's take it."

Cannabis legalization would be an economic win for Indiana

Across the country, states - including most of our neighbors - have realized the benefits of cannabis legalization, yet Indiana has continued to ignore them - a fact that has us falling far behind in our competition for resources and talent.

The production and sale of cannabis is a big business. In states where cannabis has been legalized, states have brought in hundreds of millions of dollars in revenue, providing additional resources for schools, public health, infrastructure and other critical needs. This summer, the Statehouse has a chance to crunch the numbers as we evaluate the economics of cannabis in the Interim Study Committee on Commerce and Economic Development. As a member of the committee, I implore my fellow legislators to listen to the statistics. It's time for Indiana to sow the seeds and reap the economic benefits of cannabis. 

Legalization would stimulate our economy. A regulated cannabis industry would create jobs, generate tax revenue and expand investment opportunities. Even though the unemployment rate is fairly low, the Indiana Department of Workforce and Development estimated 127,406 Hoosiers still need jobs. Cannabis businesses would open hundreds, if not thousands, of employment opportunities for individuals who need them. A 2016 study in California, estimated that recreational legalization would create between 81,000 to 103,000 jobs in the state. It stands to reason that Indiana would benefit greatly from starting up the industry within our borders. These jobs include the construction of nurseries and dispensaries, their operation, product marketing and distribution. A state-regulated industry would invite opportunities in research and development of medical cannabis products, as well. These research opportunities would support high-paying jobs in chemistry, agriculture, biology and pharmacy. Without a doubt, legalization would create thousands of jobs for Hoosiers who are battling high inflation and a rising cost of living. 

State regulated cannabis industries bring in massive amounts of tax revenue. To see the profit, we can look to neighboring states that have taken advantage of cannabis’ economic benefits. In 2022, Illinois Governor J.B Pritzker announced the state generated $445 million in tax revenue from adult-use cannabis - that’s funding Indiana could be using for mental health services, public safety efforts, and roads. To make matters hazier, Hoosiers are buying out-of-state cannabis products. In July of 2023, Illinois sold 35.6 million worth of product to out-of-state customers. Since cannabis legalization is a state issue, money spent at out-of-state dispensaries is a sunk cost. Essentially, Hoosier money doesn’t flow back into Indiana. That’s millions of dollars Indiana’s economy will never get back. 

Statehouse Republicans have repeatedly blocked cannabis legislation. This past session, I authored House Bill 1248 to establish a Cannabis Commission. Like the Alcohol and Tobacco Commission, this commission would regulate the production and sale of adult-use cannabis products. Along with making cannabis legal through a permit, HB 1248 would impose state taxes, remove existing felony offenses and change existing regulations. Nonetheless, the bill never made it to the House floor. Other cannabis legislation proposed in the 2023 session fared the same. Another Democratic representative, Ryan Hatfield (D-Evansville), co-authored House Bill 1297. Following national trends, this bill would have decriminalized possession of two ounces or less of marijuana. It didn’t progress past a committee hearing. In fact, seven bills related to cannabis legalization or decriminalization were proposed this past session. None of them, not even one, passed from committee hearings to a vote on the Assembly Floor.

It’s time that we pass legislation that decriminalizes cannabis, removes existing felonies and establishes a regulated market. As we study cannabis for the Interim Committee on Commerce and Economic Development, we need to be conscious of the positive, economic opportunity. The production value of cannabis proves that legalization would help Hoosiers. Now is the time to vote in the best interest of our communities and catch up to the rest of the nation.

Johnson statement on the Indiana Supreme Court ruling to uphold the abortion ban

“Today, the Indiana Supreme Court had the opportunity to serve as an important check against an extreme, supermajority agenda that threatens the rights and lives of Hoosier women. They have abdicated that responsibility. My colleagues and I will continue fighting against these laws that suggest one group is guaranteed rights while others are not.”

Dvorak amendment promotes better Hoosier rivers

A successful amendment authored by State Rep. Ryan Dvorak (D-South Bend) improves a bill written to develop regional watershed commissions in Indiana by requiring scientific study, consideration for recreational uses of rivers, and preserving membership in the successful St. Joseph River Basin Commission. 

House Bill 1639 allows for the establishment of regional watershed development commissions, as well as the conversion of existing river basin commissions into WDCs. Dvorak’s amendment was accepted by the full House of Representatives on second reading.  

“The General Assembly created the St. Joseph River Basin Commission in 1988, and it has a solid track record of working to improve local water quality,” Dvorak said. “With todays amendment of House Bill 1639, our local river basin commission will be able to continue their good work with more resources than ever before. 

Dvorak’s amendment ensures the municipalities along the St. Joseph River will continue participation in watershed management.  It also ensures that watershed development commissions must encompass entire watersheds - not just fragments, and requires a scientific basis for any improvement efforts undertaken to address the rivers, including water quality, drinking water systems, stormwater management, flood control, drainage and recreation.

“The rivers of Indiana are an irreplaceable natural resource,” Dvorak said. “This step forward today will help ensure that the next generation will be able to enjoy watersheds that are even healthier than the ones we have now.”

Dvorak amendment sanctioning Russia for Ukraine invasion headed to governor

Indiana could become the first American state to ban purchases of property by Russian-controlled businesses after the passage of State Representative Ryan Dvorak’s (D-South Bend) amendment to Senate Bill 388, which passed both chambers of the Indiana General Assembly on Tuesday.

Dvorak’s amendment prohibits businesses organized in, or controlled by citizens of, the Russian Federation from purchasing real estate in Indiana for one year. It unanimously passed the House of Representatives last month. The language was clarified in conference committee this week to specify that the moratorium does not apply to Russian citizens who are already legal residents of the United States.

“With this legislation, Indiana has taken the lead in fighting back against the global reach of Russian money laundering which props up a corrupt oligarchy that threatens violence across the world,” Dvorak said. “There is more work to be done, but denying the criminals a place to hide their assets is an important first step. Indiana will not be a safe haven for Vladimir Putin’s ill-gotten gains.”

Dvorak thanked legislators from both parties and both chambers for their bipartisan work on the legislation: “I was very happy to witness the bipartisan commitment to stopping Russian criminality and doing our small part to help to defeat the Russian invasion of Ukraine.

“This important step is not the end,” Dvorak said. “I hope that other states will follow suit and that we are able to work together in the next legislative session to create permanent systems that stop the corrosive influence of state-based money laundering.”

If signed by Governor Eric Holcomb, the law will go into effect on July 1, 2022, and ban Russian-controlled entities from purchasing real property in Indiana. It is scheduled to expire in one year but could be extended if necessary.  

The final conference committee report for SB 388 passed the House 96-0 and passed the Senate 49-1 on Tuesday.

Dvorak amendment to punish Russia for Ukraine invasion passes

Several hours after the commencement of Russia’s invasion of Ukraine, State Representative Ryan Dvorak (D-South Bend) today offered two amendments to Senate Bill 388, which deals with foreign gifts and ownership of agricultural land. 

Dvorak’s amendment to prohibit businesses associated with the Russian Federation from purchasing real estate in Indiana unanimously passed the House of Representatives. 

"The Russian Federation is a kleptocracy that launders its money through real estate transactions all over the world," said Dvorak. "Our message today is that Indiana will not be a safe haven for ill-gotten Russian funds, nor for its oligarchs trying to find financial shelter in the wake of Putin's unconscionable invasion of Ukraine."

A second amendment offered by Dvorak would have required the State of Indiana to divest all pension assets from Russian-controlled businesses, but it was ruled out of order by a vote on procedural germaneness to the bill.

"Indiana invests nearly $40 billion dollars in public pension assets – and not one cent of that money should go toward propping up Russia's tyrannical regime," said Dvorak, a long-time critic of Putin's policy in Ukraine, who first filed language to divest pensions funds from Russia in 2017.

"While I am disappointed that the House did not pass divestment legislation today, I am encouraged that I have received bipartisan support for working on new legislation going forward. And the amendment that did pass with unanimous support barring Russian real estate investment in Indiana sets an important precedent that I hope other states will soon follow."