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Arkansas Legislative Council (ALC)

December 16, 2022 ·9:00 AM ·Room A, MAC ·1:43:19
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Unknown speaker 4:11
A lot of responsibility as a this committee and we asked if it is a as we go on that you would to constantly be with us and we would do the things to be pleasing to you and what I want to pray for specially for this next legislative session legislators are going to be coming to town and doing your work and doing work for the state that each one will take time to consider. Your thoughts and your ideas and listen to your as we go for guidance father we ask these things in nineties Christ amen. Members we would keep the order. Before we go into of the day's business I'm all recognize it chairs of public health center Irvine and representive Ladyman to make special presentation. Members you're recognized. Thank you Mr chairman I'd like to have feel price to join as a down here at the table you would. Members and audience as well bill has decided to retire and take it easy for a while so wish you well in that retirement Phil but we wanted to recognized your service to the state and specially to public health in other. Committees here and we have a citation for you it's very well written so I want to read this phone might Mr chairman of whereas Mr Filmpreis now retired from the Arkansas bureau of legislative research on December thirty first twenty twenty two after forty years of dedicated service in state government or as Phil received his bachelor's degree in history and political science from Hendrix college and received his master's degree in public administration from the university of Arkansas and we're as Phil joined bill are in nineteen ninety seven he served in multiple roles during his career including special adviser for welfare workforce administrator for committee staff services and senior legislative analyst he served as staff for many legislative committees including public health welfare and labor. Health insurance meant a market place legislative oversight subcommittee health reform task force Judiciary Committee and Public Transportation Committee you've got a lot of work feel a lot of work or as feel assisted countless legislators agency professionals and members of the public with participation in the legislative process is devotion institutional knowledge and insights are invaluable to the Committee staff section into the bureau of legislative research and we're as the house of representatives of the ninety third General Assembly of the State of Arkansas takes great pride in recognizing Phil price for as many years of service the state of Arkansas wishes him well in his retirement. Thank you thank you Mr. Thank you and feel public health will never be the same without you. Members with that we'll take a motion for the approval of the minutes. Our motion second call those in favor say aye. Yes Is have it a motion approved with that we'll go to a doctor Sorvillo for the November revenue report. Thank you Mr chairman Carlos Silva legislative research legislative economists. So today we're gonna talk about item the on your agenda that's the November twenty twenty two. Revenue report. So for gross general revenues you today we have three thousand three hundred and seventy two million dollars there is an increase of a hundred and ninety five million dollars which is six point two percent above last year collection the fiscal year. As we start looking down we're going to see a net general revenue a bill for distribution at two thousand nine hundred and twenty seven million dollars which is five point six percent above distribution for November twenty twenty one. As we move to page number two. We gonna see the cumulative deviation form the DSA net general revenues available for distribution forecast and I will not take a second so we can talk about this as as you looking to this month November it doesn't mean that there's any money that has been lost it just means that they reset their the initial months the initial four months so as you look into the month of November we are twelve million dollars above the forecast so as this moves forward we. We're gonna be looking at this forecast for November twenty twenty two. Form page three. Two page five you gonna take a look at the total general revenues and form paid six you Page ten we're going to have the selected special revenues we are still following the trend of or nearby states when we look into fiscal year twenty nine. The first five months of this fiscal year and there's no major changes with that how take any further questions thank you. Sessions for members. C. N. nine thank you Dr for the report. Some members with today being the last meeting for some members I'm going to recognize a prize that brought them in the Speaker to give a special recognition for remembers last meeting Senator Hickey you're recognized first. Thank you Mr chair of if any of our Senate to members that are with us today if there are not going to be with us during this next session if they would I'd wish I'd ask for all them to please stand at this time to be recognized. And just going to say a little word just real short here you know we we started this with the motto in the Senate by in a back room is with the iron sharpens iron iron sharpens iron and what I had to say with all of these folks we've been through a lot and they sharpen me to the point that sometimes I think they broke the age off of me but But the thing is is Adam is not a political statement I love each one of these guys is those are all our other members and we thank you and if you all would please give a round round of applause. Thank you senator. Speaker Shepherd you're recognized thank you Mr chairman and likewise I would ask the members of the House who are leaving our body at the end of the year if you'd stand at this time and I would just echo Center Hickey's statements one of the things that Has become. Very apparent to me over twelve years here in the House is that you spend a lot of time with your fellow house members and that you develop for really a close personal bonds with the members that you serve with regardless of party or ideology it's been a lot of time here and as I look back particularly on this group anything about the challenges that we face during covid over the past number of years and how things were kind of turned upside down and we had numerous special sessions and many many long meetings here Nailsea but ultimately everyone here contributed to the betterment of the state of Arkansas in each one here worked very hard on behalf of their constituents and all our Kansans and so at this time I would like to recognize them thank them for their service and wish them well in their future endeavors. Thank you guys and with that we'll go to Senator Rice for the executive a subcommittee report. Thank you Mr they'll see executive subcommittee met on Thursday December fifteenth reviewed and approved emergency rule regarding school safety for the department of education the subcommittee also authorized the LRT interim use with institutions of higher education in the B. D. regarding data to be provided to the Siegel group for preparation of fiscal impact statements on legislation required back one twelve and Mister chairman I move adoption report. As proper motion to I have a second. Have any discussion on the motion. Seeing none all those in favor say aye. All those opposed Is habit with that we'll move on to the standing committee reports and with that we'll go to rules first. Eventually. Thank you Mr chairman administrative rules subcommittee met on Thursday December fifteenth. The subcommittee filed a report of the A. L. C. medical marijuana oversight subcommittee concerning its review of a rule concerning medical marijuana the subcommittee approved to agency requests for the expedited repeal of rules not meeting the definition of a rule under the Arkansas administrative procedures act pursuant to act sixty five of twenty twenty one. Pursuant to act one thousand seventy six of twenty twenty one the subcommittee reviewed a recommendation report from the house and Senate committees on agriculture fortune economic development related to the review and sunset of state agency rules pertaining to milking cattle production the subcommittee voted to accept the agencies final rule report such that the rules there and shall remain in effect. And pursuant ACT five seventeen of twenty nineteen and ACT five ninety five of twenty twenty one the subcommittee received agency updates on outstanding rulemaking the subcommittee filed one December monthly written update pursuant ACT five ninety five and at the agency's request to rules by the Department of Human Services were pulled from consideration prior to the meeting. The subcommittee reviewed and approved one rule from the Department of Human Services with a change by the agency to exempt federally qualified health centers and all other rules were reviewed and approved as noted in the report and I move adoption of the report. Thank you representive before we move forward with this chairman Wardlaw has put a letter in disclosing that he is recusing himself from voting on this rule Committee on Legislative Council. And. It's proper motion The four before I take a motion sorry. Or take a motion I have some questions looks like Representive Eubanks you're recognized thank you Mr I have a substitute motion let's hear substitute I move that we adopt the report with the exception of the DHS medical services rule regarding living choices waiver rate adjustment which should be referred to the JBC rules subcommittee. Next month. Right that's a. Looks like I've got some other questions in the queue before I take that motion going to take some other questions. Senator Hester. You're recognized are there any questions or. R. which is second Eubanks motion okay representative fight do you have any questions yes thank you Mr chairman to say that I'm frustrated by this motion is an understatement we have been working on this for years with DHS to do a study with the assisted living providers and get their rights to a reasonable standard and I would remind you that we put special language in the DHS budget last session that called for an independent third party to study the rates they did and this is the recommendation that was brought before you today this is not something overnight this is something that we have worked on for a long time we have assisted living centers all over the state that are on the verge of closing most of these are in rural areas in your areas so I would ask you please do not do this let this go forward some of the centers are about to close have loans that are guaranteed by the ADFA this is going to be a mass so please reconsider. Thank you representive Senator Hammer you have a question. Okay Senator Hammer you. Question on the report. Just clarification you've not taken the motion there's no motions taken so far like to ask mark white didn't come to the table for questions. As to what if you would. State your name for the record. Thank you Mr Clark white secretary department him services Senator Hammer you're recognized for a question thank you Mr just up some time table dates if you would. When you anticipate or do you have any indication from CMS as to when they will approve the request involving the rate increased. Well we've heard informally from the regional staff that we work with is they are expecting a an approval to come down any day now yeah I will say there been times that regional staff of told us things that didn't happen but by and large I I think they probably have a roll fully accurate estimate of that and what happens if this rule doesn't get out of here what's that look like in the future as far as the rate somewhere under the public health emergency just talk about that for a second if you would please sure and and let me correct statement I made in rules committee yesterday stop after the committee alert eyes me correct information the appendix K. which is what currently has a temporary rate in place and I say of an ex gay that's the procedure we used to get permission from CMS to really pay that higher rate it has amend biggest language but I think it's fair to fared interpreted as meaning that temporary rate goes through December thirty first we are confident that we can ask the missed extend that and what we believe they would expand extend that at least for the into the public health emergency which we expect would be at this point looking to be April at the earliest for that expires so I think if you if you all do not approve this rule today then that gives us there's two questions we've got answers and determined one is do we SMS for permission to continue temporary rate and at this point my expectations we would do so and the second is do we ask CMS to hold off on approval of the of the higher rate and that goes back to whatever the will of this committee is in terms of next steps. And as far as the actuaries that arrived at the rate Millman was the first one and then there was a third party actuary is there a reason for you to believe that the results of the actuary study came out with recommended rates would have any inaccuracies to. None that I'm aware of and I I just I will be cautious here because for one thing that I want committee members understand is there certain provider tops a permanent hospitals nursing homes where we do have the authority to require those providers to turn over their cost to us as we can look their books and see what they're spending on for all other provider types including assisted living we're reliant on cost surveys where the providers voluntarily responding gives information as I mention that because based on the information we've been given I'm not aware of any errors or any omissions or problems in the report of the actuary but it is it's subject to the quality of that data that was submitted by the providers if that makes sense which the participation rate on the second actuary stay was higher than the first one is that correct yes okay Mr I'd like to make a motion divide the chambers on the please. Of. There's there's not a motion on the floor just yet to change their property thanks for a great time all right Representive eves were back to you thank you March told how did you come up with the temporary I guess pandemic rate of eighty something dollars what we do is we that was where has negotiations with providers and I don't get too deep in the weeds the on this because this is like a terribly complicated in a long running issue with us we got some some initial information from some providers about their cost and our staff look that it kills some numbers and that's working with eighty fifty five was looking at the cost they reported to us on labor and then taking the admin costs for some of the previous actuarial studies and applied an inflation adjustment to that okay in to go back to what you said earlier of your are you very confident that come December thirty one that these facilities won't go back to the sixty something dollar range also I'm very confident that I believe that CMS will work with us and we will have options to continue that eighty dollar rate if that is what is needed and if that's where the committee goes okay how soon will you know that they're going to allow you to extend that because I think yesterday what we heard was that the temporary rate would stay in effect as long as there was a federal emergency right but then I think there's language in that it says that it actually expires December thirty one right but there's the that language is ambiguous does mention December thirty one in their what I would plan to do is if the committee chooses to hold review of this rule then my plans this afternoon to call reach out CMS and immediately asked them to go ahead and grant us permission to continue that temporary rate and I'll I believe that we would hear from them fairly quickly thanks mark. All rights Senator Tucker. You're right. Thank you Mr chair. The apologies he said this and I missed the mark but the mark the first part of the question is when did the temporary rate going to place in the related question is when was the last time there was a permanent rate increase. The look see this as the exact date and their March one was when the temporary rate became effective so it's been at that point since March one I. Do you live brief history second again get too deep in the weeds so the rate started at a significantly higher amount from where we are now plus I suppose I'm sorry is a written in their of eighty dollars were was twenty eighteen **** and affected January one twenty nineteen based on a rate study we lowered it but we did it in a series of stair steps so that rate cut would take effect gradually and not be all at once as we're going down the stairs steps every six months pandemic hit and best of our systems with the industry we froze the rate at the stair step at it was at in the spring of twenty twenty and that was at least sixty seven twenty five it was still going down at that time it was still is still going to go down to sixty to eighty nine eventually so elected the six seven twenty five there in spring twenty twenty and then in March as we came back and got the in the temporary route to decrease it okay Mr what is appropriate I'd like to ask Phyllis bell the executive director of the cyst living cessation come answer questions to as well Senator Tucker it's practice this committee to only hear from the agency will be hearing from any outside entities. It if I may then I just like to ask Mr Clark if you know the answer this question about how the facilities will be affected if this is part of a month of any facilities will be closed if you have any information along those lines. I'm not aware of any facilities that are immediate risk closure none none that I know that they notified us up and typically if there's facility that is on the verge of closing we will hear about it because typically they have to find alternative placements for those residents and they sometimes reach out to us for help on that this one I'm not aware. Thank you senator Representative Greg. Thank you Mr chair over here so I guess my question would come to exist request questions keep changing as more questions get asked but you alluded to back in which is two thousand eighteen we started that stair step down and then here we are essentially with what at thirty percent increase taking us back to where we were in two thousand eighteen. Why the large difference so I'd been up this is. Some of my frustration of run the bill to you essentially establish cost reports for assisted livings most everyone else with that institutional type has to do a cost report we would be in this situation had we had a cost report so it's something I would ask the committee to look at in the future as a cost of port but so essentially they submitted their data for the two thousand eighteen rate cut because. The day they submitted justify that why is the data now so different and how can you attest to the accuracy of that data being so significantly higher in these rates studies sure so the the rate that we had in twenty eighteen the origins that rate go back a number of years and. Essentially that rate had knows actuarial basis and that's why CMS challenged it in C. must told us that we had to change it in fact we renew the living choices waiver back in twenty sixteen CMS would not approve that and we put language in the waiver saying yes we will revisit this rate and we will come up with the rate that has an actuarial basis and so that's for that process we we've done all together now for cost report cost surveys and for studies of the assisted living rate since that time. The first three were primarily looking at costs incurred either before the pandemic or in the first in this initial months of the pandemic this last one looked at data then the height of the pandemic we started seeing those increased labor costs the received cross the healthcare industry so that's the chief reason for the difference in the rates that we have at the end and what this rate was and I can tell you specifically based on my calculations of going through the actuaries report. Those differences and staffing cost against his boss purported by the robbers to us when they reported to us that accounts for seventeen dollars and forty five cents of that difference. In addition differences in mystery cost account for another dollar and twelve cents and the third component this was the. For the most significant back and forth between us and the industry the last few years was whether not CMS would allow for us to pay for certain expenses relate to mill preparation in mill planning we are for our staff are the consultants we had at the time did not think the CMS is likely to prove that. We submitted that amid this point looks like the Miz will approve it we made that very explicit so that CMS is clear on what is there proving but that accounts for nine dollars and sixty eight cents of the difference Seattle that together and that pulls within like a dollar to of the gap between that earlier rate in this race okay it didn't were we able to verify was the seventeen I think was seventeen forty five in the additional staffing was that direct patient care where those did was that verified that those increased salaries were directly lady related to what was allowed I don't use the word verified because that was strictly based on the numbers reported to us by the industry but that is we do not have the means to verify those numbers okay it's the need for that because reporting is one final question I mean this is a thirty percent increase for one specific industry type. Is the ages prepared to give everyone every industry type at thirty percent rate increase being as we go into session being is all of their labor costs have increased. Not without a significant increase and state general revenue that you all allocated us all right now and I think if this passes that's what we're fixing to see is a lot of requests that every other industry type receive that same request thank you. Thank you representive Senator Hendren you're recognized. Thank you Mr chairman so have we will as we look at this we keep talking about reimbursement rate and all that I guess what I want to know is you have guys have studied this and I know you're depending on the numbers that you get from the industry but what is this likely to due to the average wage for the people out there providing the service not the not the companies but the dollar a rate. It's it's possible that they may increase their wages on a mop I suspect that the the facilities are already paying higher amounts because they're competing just like I know that we are in our facilities we're competing with other employers healthcare industry to give those employees of the door and so I it's possible they may pass that on to their employees but I have no way of guaranteeing that so I guess that's the part that is somewhat discomforting Is it you know it's kind of like when we increase foundation funding and teacher salaries don't go up if we increase reimbursements and wages don't go up. All we've done is increase the bottom line and not really. Kept the where workers competitive issue said with the employment market out there how do we know that that's going to happen if we if we increases reimbursement rate because. To be honest of the last two years thirty percent increase in wage salaries is is pretty normal across what I've been seeing in the in the market but if we're just going to do this and they're not going to be any change in wages and what we accomplished yes Sir I would say that we we have no authority to change we have no authority remains to ensure that this will result in those wage increases that's what we pay the these dollars out that is entirely at the discretion of the providers and I guess to the to the point that represent grace that I hope that the General Assembly in the future will require that if there's going to be reimbursement rates it seems fitting that the General Assembly should know just like we know what teachers are getting paid every school district what the workers are getting paid these facilities to see if they're really if the dollars are going to where they're going but right now we have no such assurance correct that's correct. Thank you Representa five. Thank you Mr chair of mark my figures show that eleven assisted living centers have closed since so the big rate cut in twenty nineteen is that in line with what you have. I read only in rural areas resent five I've heard different numbers on that and then look at those I know some that have been told me is being closed out check and have not closed I know the last time I checked it I verified five facilities that had in fact closed others had they that changed ownership they had changed their operations but and this was probably about three months ago that I checked last but I could under five that I know that they've closed if there are others I'm not aware of those but I don't I can't unless until you actually have not I know that I verified five I have one at the edge of my district that serves people in my district that's on the verge of closing and afraid that's going to happen in the very very near future if we do this yes well in the end I mean that is what's so the owners have told us and saw I certainly if we have heard that as well we mentioned previously not knowing any that were about to close its will and an option we would be very clear I'm not aware of any that are immediate jeopardy of closing within the next few days for a couple weeks if there are others that are on a track where they may have to close in the next few months that I can't tell you and that we still have the visibility to know for sure you know exactly facilities might fall in that category but in terms of one is going to close by the end of the year I'm not aware of any that are in that in that position and what happens to the people who live there when a facility closes. With so the closes what we typically see is there are some that will move into a skilled nursing facility there are some that will move into another assisted living facility and there's some that will return home or return family industry and what we see just a mixture of outcomes for those individuals. So it sounds said to me anyway you look at it. It's certainly any any time that a resident has to move out of personally that can be that can be a problem and certainly can create it is certainly a negative experience for that individual and create other damage as well. Thank you representative Senator Irvin. Thank you Mr why the current rate that were pain which is I think eighty eighty one or eighty two four but then the rule one of the higher rate at eighty six or so eighty five eighty six something around there. So what's being proposed is about ninety six ninety seven. Are we that the current rate that repite pain under the public health emergency is that also an enhanced is that under the enhanced F. map. That would receiving it is yes the what we pay system still is does fall at thirty seventy split and so we are receiving enhanced six point two percent enhanced federal funding for okay I'm would it be fair to say that that allowed us to. maybe pay a higher rate it did give us more room to breathe yes ma'am okay. So but you know we know that that's gonna be till April and then that's my may admit may change right if the public health emergency Gazaway then are if not reduces and so you know my concern my concern is. We actually have taken action within Legislative Council to hold some items particularly in personnel subcommittee because of their potential impact to the budget that may be not knowing what that potential impact of the budget is and so we've held some of those items out of respect for an incoming new administration and so could you speak a little bit about the budgetary impact of of what we're looking at. Yes ma'am so it is being sold. Skews me it's been sold more broadly about the Medicaid budget in general so you're absolutely correct that when the public health emergency expires the enhanced federal funding will and it will increased what we as a state have to pay toward Medicaid now that will begin the process of removing all the an eligible individuals from the program and certainly that would create some savings the big unknown is how many do we have no we we have an idea of a range but we have no when it when it was simply are we going to lose fifty thousand a hundred thousand two hundred thousand people and so certainly if if that number on the lower end of that range this will create a higher obligation for the state in the next by any of us our expectation is when that enhanced if map ends we will need to start drawing down from Medicare trust fund and continue that to make it through the next by any and so that will increase the at the obligations for federal revenue not necessarily next fiscal year but in the following fiscal years yes hi and so you know than for me I think you know holding it over would be a consistent policy choice and decision at this Legislative Council is actually already made in certain areas of personnel and and those kinds of requests so I don't have a problem with you know allowing for that to be a consistent policy of how it affects our budget and in my attention it's a little dice here because we're dealing with an enhanced F. map and you know if we have a more if we have an increase in on state general revenue and because that enhance staff not goes away that's something we're all going to have to understand very clearly and how that's going to impact our state budgets over all because that that just puts a little hot a larger demand on our state general revenue portion of it so and then and then my last question would be the meal per. Operation part of that so you know when I ran the numbers and did the mass if if we say if if CMS doesn't approve that portion of it it's really actually almost the exact same rate that they're getting on the public health emergency so you know. I mean I mean so it could be that we approve this but then that does not portion doesn't get approved by CMS and they're actually maintaining the same they would be maintaining the same rate that they're actually getting right now under the public health emergency so are action doesn't depend on whether a. Some is going to close or not I mean because they're gonna be getting the same rate so and and I'm a little concerned that if we publicly you know state and I had this question with you and subcommittee if we publicly state that we're going to pay this amount and that doesn't get approved by CMS might my concern is that they will be up at a demand for us to make that up in one hundred percent state G. R.. We should be very costly so that the thank you for answering my questions yes ma'am. Thank you senator senator Hammer recognized for a question. Thank you Mr the the other industries have they received rate increases or decreases over the public health emergency or do you know of anyone that have decreased so and since twenty nineteen if your call the governor did issued executive order directing us to do our rate review process for every Medicaid provider top and we were supposed to do that and instead of a rotating for your schedule we are now closing out the final round of those rave reviews and in that time we have looked at every Medicaid provider time and they we have had a few that have seen decreases we've had many more than I've seen increases at that time and when will this be filed with the Secretary state because that to me is a critical component regardless where we deciding here if the kid if you are able to file with the secretary of state that's going to mean that CMS has approved the rate which means that we wouldn't have to worry about a call back so. Or audit findings when will you file it was secretary state so it would be official our standard practice with any item that subject CMS approval is that once you all review it we hold off on sectors state until we receive that CMS approval so that if if CMS wants something changed or they denied we can always bring it back to you to change to reflect those see Mr ages and you don't know how much F. was on the hook for financial repercussions what we decide here today do you that's not even in your will house or consideration is that it is not okay thank you thank you senator. And representative gray. Sorry. Thank you I did that thank you Mr chair so I just want to kind of follow up to you start to representative fights question but kind of in a different way I had a lobbyist send me the information months back I'm not sure at what point to telling me that ten or eleven assisted living said closed and so as I started googling them I found that yeah one of them you know the owner was in prison and another one well they're pretty catastrophic flood and they just never reopened so you said there were five that you were aware of that close can you tell me if any of those closed due to low reimbursement rates. Let me double check my notes Farrer answer that. I know of the five there was one of the facilities that the At least with the management told our staff they said the their issue was they could not get a business on the door and that was the problem the other for we don't know for certain I will say the one the common things among those four is I believe I'm fairly certain the least three of them and I think possible for them they had been built with federal financing obtain three USDA or through other sources that require them to only serve limit low income individuals and for assisted living that makes for very difficult business model if you're going to try and survive as a purely Medicaid facility I think the I think mas supposition is that was probably the chief issue for those facilities okay thank you that's I mean that that comes back to the business model chosen to achieve the financing and and business decisions not necessarily rate reimbursements because they knew what they were getting at the time that they made applications at thank you. Thank you representive members here's read I get two more in the queue I'm going to take these two questions and then we're going to start moving to motions Senator Chesterfield. I was about to start getting motion. All right that was that was fast I move the committee's report. I'm gonna is not here that motion because I said I was going to take one more thank you I got one more after you leave the time do you Mr. Thank you it's a representive fight final question thank you Mr chair could we get someone from D. F. and A. R. financial person up to tell us what it would cost the state of Arkansas if some of these facilities that have loans guaranteed by ADFA do close. I'm sorry. ADFA is adhere is there anyone from out for here. They could. I think there's anybody from adhere that is there anyone here with expertise in this area. as far as agencies are concerned I don't think so. You know. Sorry that's what is not gonna be cheap can anyone tell us approximately anybody from the FDA want to venture any sort of guess. No I don't think they can answer that question. Thank you are not prepared to answer that today. All right representive eaves we'll start with you. Thank you Mr chairman based on what we've heard in on representative Eubanks I'd like to just withdraw my initial motion of adoption the full report okay. representive Eubanks let's hear your motion again. Well it's been awhile okay. The motion to adopt the report with the exception of the DHS medical services rule regarding living choices waiver rate adjustment which should be referred to the JBC rules subcommittee as proper motion I've second. A second. In any discussion on the motion. All in favor aye. A long. There was a request by Senator Hammer. Divide the chamber at. I don't see any other hands I got one I got to. Three all right let's start with the House all in favor aye aye opposed. Motion carries. Senator eyes two one. Of the Senate. House past. All. The state. Members of the Senate voice vote and then we'll call that all in favor aye. Posed NO said. Okay. The motion fails now if you're going to. Like you're okay C. one hands. Two and three hands we got a roll call All right I've got a point of order this this may answer that question that this is already passed the house I'm. Hearing this is a roll call on the Senate side. Okay Senator flowers you're recognized for point of order. So my understanding that the House. Voted in the affirmative the Senate voted in the negative so the motion fails so why would we. I withdraw my motion for roll call because as I see it it's failed. Why would you need to. To have any other vote. On this motion. So the body is questioning the calling that the motion passed in the Senate only and so this is the way to verify whether or not Mike ruling was correct or not. Motion to my understanding fail because one of the chambers did not vote in favor. And therefore. I make a motion for a roll call prior to that vote but I would withdraw my motion for roll call I think it's already been disposed of as having failed. So. All right Senator just I mean senator flowers The. Roll call this the roll call is a not a motion it's a receive or was this just a procedural request challenging the chair so if you're requesting withdrawal your hands from being one of the three it would mean we would need another hand in order to do the roll call but there's there's I see more than three hands of the other members calling the roll call. Senator flowers. What made the request and I withdrew the request so someone should at least procedurally make a request before you ask for I've I've heard it from several different members so there I see three hands OR any call the roll on the Senate side. Senator Hammer. Just for clarification and Senate members this is to pass or fail representative you makes motion to adopt the report with the exception of the one item that will be referred to the JBC rules rules subcommittee in January. Senator hammer votes no. Senator Pitsch. Surfperch folks NO Senator Leding. Senator Leding votes no. Sir Clark Johnson. Senator Mark Johnson not here Senator Clarke Tucker. Sir Clark Kerr vote Tucker votes no Senator Ballinger. Senator Ballinger center full for us as follows first alternate. Senator full for. Senator Hill. Senator Hill vote yes Senator Davis. Senator Davis vote yes. Senator Wallace. Senator Wallace senator garner. Senator Garner Senator Blake Johnson. Senator Blake Johnson but yes Senator Flippo. Senator Flippo votes yes Senator Hester. Senator Hester vote yes Senator Hickey yes Sir thank you vote yes Senator Stubblefield. Senator Stubblefield vote yes Senator Hendren. Senator Hendren votes no Senator Ingram. Senator Ingram votes no Senator English. Senator English votes yes Senator Caldwell. Senator Caldwell. Senator sample. Senator sample votes no. Senator Dismang. Senator Dismang Senator flowers. Senator flowers votes no Senator Rapert. Senator Rapert. Sir Chesterfield Senator Chesterfield votes no Senator Teague. Senator Teague Senator Elliot. Senator Elliot votes no Senator Bledsoe. Senator Bledsoe Senator Irvin. Sir urban vote yes. By a vote of nine yeses and ten those the motion is failed. Senate. Senator Hammer are you still in the queue for. Okay all right I have a motion to adopt the report by Senator just building second. any discussion on the motion. Saying none all in favor aye. Imposed. Motion carries. Importers report is adopted. All right let's go on to the claims review subcommittee and with that Senator Hester you're recognized. The claims of the litigation reports oversight subcommittee met on Thursday December fifteenth twenty twenty two concerning litigation reports oversight subcommittee reviewed sixteen litigation cases the subcommittee also reviewed one proposed settlement submitted by the university of Arkansas system concerning claims review the subcommittee affirm the ruling the claims commission as to ten reassurances of warrants one awarded claim intended not and dismissed claims the subcommittee declined to consider one claim which was submitted outside the statutory time frame to appeal of the claims commission decision under Arkansas code annotated section nineteen ten to eleven a finally percent to the Arkansas code annotated nineteen five six a one either treasure the state submitted a claim for additional general and special revenues that the city of calico rock should have received based on the census count the subcommittee approved inclusion of this announcmenet in the claims appropriation bill I move adoption the report. Proper motion I have a second I have a second any discussion on the motion C. N. on all those in favor say aye. In All opposed as have it with that we'll move on to the medical marijuana oversight report Senator sample. Thank you Mr the medical marijuana oversight committee met on Wednesday December the fourteenth the Committee discussed the following items. The department of finance and administration presented rules regarding licensure for medical marijuana facilities in the Arkansas cannabis industry association expressed concerns over concerns regarding the sites contract seed to sale software provider roll track and their quality of service. Our track provided a report which responses to private prior can plane slavery begins to them as well as plans for future improvement of their services and with that I'll make a motion to approve. I have a motion and a second any discussion on the motion. Seeing none all those in favor say aye. Oppose ayes have it with that we'll go to the performance evaluation expenditure review representative gray you're recognized thank you Mr chair the fear subcommittee met on Tuesday December twelfth the subcommittee received reports reviewed items and approved requests for the following items various temporary appropriations American rescue plane Act appropriations infrastructure investment and jobs act appropriations and restricted reserve fund transfers several items are noted in the report is being held in subcommittee the subcommittee moved that all held items be referred to JBC due to the upcoming regular session I move adoption of the report. Senate just to be able to not in your head is this a question or is this discussion on the motion. Substitute motion so I'll take that motion to I have a second motion for representative gray I have a second center just filled I recognize you for substitute motion Mister chair I move to substitute and except items one through. Nineteen under item B.. Of the American rescue plan at the appropriation request. The motion. I have a second. It's going on this month yes Mr if I may I think recognize you for that thank you Sir we have failed this and held this. And we were supposed to be getting information on top of information is not happened these individuals were approved by the committee to the process that we use for everything else and it seems to me that the individuals will meet these request have been vetted and that their needs are great and I would appreciate a good vote. Sirvan. At least that's actually a proper motion that this body can take up Cannet. It It is but her motion left out the adoption of the report so we would have to add that in to make it but when you have I mean are those items already transfer moved over to JBC this body actually makes that transfer with the adoption of the of the report okay. Any further discussion on the substitute motion. Representa Senator Irvin you're recognized I'm to speak against the motion. I think I've said this time and time again what those items are yes they've come before us but we. This is in my opinion it was a very frustrating process on how these projects were put before us they were they were winners and losers that were picked and submitted to before this legislative body based on in my opinion just you had the greater influence and this devolved into what is basically a general general improvement fund grant program D. I. F. grant program that was not administered or the process is not brought forward for every single legislature to be considered in in this process and and some speak against this motion because you are basically endorsing if you vote for this motion you're endorsing the old G. I. F. grant program. And you are endorsing projects that are in specific people's districts And and and otherwise and I'm I'm I have some in mind that are part of this but it's the process that I don't think was appropriate that I don't think it was right and I believe it was not fully vetted in that process it was not intentional or focused these are funds from the American rescue plan acts that are supposed to be prioritized for the response to cope it should have been prioritized for healthcare in my opinion and not for capital improvement projects at institutions of higher education or capital improvement projects in other areas I've I've been very supportive of some of these projects and I think it be great to have them done but I'm not for building a student center with the theater and a bowling alley with these funds and that's what you're going to vote for if you vote for that motion. So I would speak against the motion and I would appreciate others to vote against the motion. Senator hill you're recognized can anyone not tell us what this is going to cost the state. Senator Chesterfield. I don't know the exact amount of this but let me say this. Everyone of us in this places had infirmity has had money sent to various areas of any. These do and I think it's important is that we have a huge shortage of nurses throughout the state that's all my questions and prevailed. Well Mister hill I told you I don't know the answer to your question thank you. And the tone and tenor of debate is important as well. That you're recognized me I don't have an answer to your question I was dealing with them okay thank you. Senator hill there is a slip in your pocket there goes through each and every project you would have to add those up to get to a total amount thank you Sir yes Sir. Representative Ladyman you're recognized thank you recession our question to the sponsor of the motion. discussion. Thank you Mr chairman I have to agree with Senator Irvin when I look at the reason. And this is the recovery money for covid. Response to code to recover from the damage that was done in some of these have no relationship to that subject. So I I can't vote for something that is not related to that because it just don't think that's right and we don't know there may be other things that we need this money for in the future there's they talk about long term COVID and other things so as not related I I can't go for it thank you Mr chairman. Senator Elliot and before you start suggested I see you in the queue and I'm coming to you as a sponsors last this is courtesy. Sorry center you're recognized. Thank you Mr chair this process that we've been discussing it is a process that was put in place that we've used for other for other awards and I I don't really know at what point we can continue to in gender people believing in our process if we continue to keep people on the agenda string them along and keep voting on it or not voting on it and to pick out one particular thing maybe that is going to be sound agree just enough that maybe it is not responding to what was asking folks to submit but the fact is they submitted their proposals and they've been waiting and waiting and every time we've come to this list of of a about well I I guess you might say of proposals every time we come to them we found some reason not to not to vote on them and I just think this is so incredibly unfair to people who submit what we ask them to and because we can't come to any kind of decision which a string people along I just I really think that's very unfair whether we vote for or against these proposals to to try to make it something the same message J. I. F. because that you know will get people's attention yeah it will. but this is what people were asked to do they follow the process and now we get to a point after months we just say no to them and I I would ask you to vote for the motion thank you Mr chair. I see no further questions our discussions are just bill would you like to close for the motion. Mister chair it is amazing to me that we still are picking and choosing what we define as yet yes. A nineteen is approved and get it goes to a specific County that is represented by specific House member in a specific Senator get these others that went through this process it was not an easy process they want to a process but to a three months of trying to channel and get what is right up for their constituents and what is amazing to me is most of this is dealing with healthcare. Is dealing with health care in under served communities and one of the reasons that you have the opera funds is so that you deal with individuals in underserved and minority communities in looking at the monies that have been distributed over the state I'm not saying that that is the heart of the decisions that we made so I just rather have an up and down but just you know these folks no. Instead of sitting around pretending that we're going to do something different at a later time but we said when we accepted the sponsor we would send them to underserved and minority communities which is what the rules and Rick say they have been vetted they have been if there's one that's agree just fine but we have a nursing shortage year and the majority of these entities say we're going to provide a a a program of nursing Wetherby CNA LPN R. Ian's to meet the needs of the people what the vote yes or no at least these people deserve a vote and I appreciate a good vote thank you very much. Members with the center closed her motion our mind committee one more time what we're actually voting on if you follow me in your packet to L. dot eight. You will see item B. one through nineteen this vote does not does not include the adoption of the report it is only on items one through nineteen on F. eight in your pocket so with that all those in favor say aye. All those opposed no. Noes have it motion is filled with that we'll go back to representative gray. Alex you restated regional motion. Thank you Mister chair I move I just I move adoption of the report. Proper motion and a second I have senator Hickey for discussion of that motion. Okay. He was just going to second all those in favor say aye. All those opposed. I seven months reporter Dr. With that we'll go to the person at a review subcommittee Senator Flippo. Thanks chairman review subcommittee met on Tuesday and review the agenda items including MOS grants and contracts the review to timber sale for DHS and approved a disclosure for a lease for a BA and I move adoption report. Proper motion I do have a second any discussion on the motion see in on all those of favour say aye aye All opposed Is have it with that we'll move on to the personnel subcommittee representative Hillman you're recognized thank you Mr chairman. The personnel committee met on December fourteenth the committee reviewed the requests and reports listed in Adams one through twelve on this report. And I would be happy to take any questions anybody might have otherwise I move the adoption of this report thank you. I have a motion to I have a second. I do all any discussion on the motion seeing none all those in favor say aye. All opposed us have it with that will move on to lottery oversight representative back you're recognized. Gates but. Thank you Mr chairman of the law the oversight subcommittee met Wednesday December fourteenth and back bay the subcommittee heard testimony review on the following items number one the Office of Arkansas lottery report number two the Arkansas division higher education invoice for reimbursement number three the Arkansas division of higher read recommendations for the academic challenge and workforce challenge programs. The lottery oversight committee adopted the annual report to the Arkansas and and we adopted and report to the Arkansas Legislative Council not moved for adoption this report. That's proper motion and a second any discussion on the motion C. none all those in favor say aye All opposed Is have it was that will move on to the highway commission review and advisory representative McNair. The highway commission review an advisory subcommittee met Tuesday December thirteenth twenty twenty to the subcommittee heard testimony and reviewed the following items the quarterly land conveyances report the annual expenditure of real revenues report. The twenty twenty two fourth quarter in twenty twenty three first quarter report on the progress of each highway construction project of ten million dollars or more. September to December twenty twenty two monthly updates of the LC of patients the study recommendations rules for implementation. And proposed legislation for filing during a regular session and finally the review of ACT seven eighty nine report for twenty twenty three I move for adoption the report. That's proper motion drive second. I have a second discussion on the motion seeing none all those in favor say aye. All opposed Is habit with that we'll go to the employee benefits division oversight Senator Hammer you're recognized thank you Mr the employee benefit divisions oversight subcommittee met on Wednesday December fourteenth twenty twenty to the subcommittee heard reviewed employee benefits division contract amendment to add employee assistance program an actuary service amendment for presented by Jaitley director of the employee benefits division Mr chairman I moved for the adoption of this report would like a like a request at the end of the half of the committee if we take the vote. As proper motion. Represent Crawford you have a question our discussion on his motion. Okay Senator Hammer mileage hold that motion would take this question from represent crossing. Thank you Mr chair would it be possible to get checked lead up to the table. They give you would wait just a second we finished a report for getting a report from Jake plea to four counts. Thank you. So with that we'll go back to senator hammers motion for the adoption report by the second. Thank. Any discussion on the motion seeing none all those in favor say aye All opposed us have it with that Senator Hammer you're recognized to have Jake please come forward thank you Mr chairman. J. creatively benefits division thank you and not if you would from the subcommittee other day if you don't mind I will let you kind of open up and we'll go into questions from members so the question that was asked during the subcommittee meeting was an updated report on the opt out process for the Medicare advantage part D. prescription drug plan as you all know the opt out process began officially in November although we started taking forms in October we continue to process those at this point we have process Twenty thousand or excuse me eleven thousand four hundred fifty seven opt out forms at leaves twenty thousand seventy three individuals who will be enrolling in the M. A. P. pro plan that's about a thirty six point three percent opt out rate and a sixty three point six percent enrollment rate however those numbers are certainly not final we continue to receive opt out forms we continue to work with our members and be as accommodating as we can we continue to hear from folks that the they didn't know they needed to opt out the the the they weren't aware that they had a decision to make and we will continue to accept about forms through the through January so my expectation is we will probably land around a sixty percent enrollment in the M. APD. Question Mr. You're recognized thank you the the rate at which you're processing the opt out forms can you talk about that and what your back to goal is what you're doing to try to handle those in as timely a manner as possible. So we had to design a process where the month of November was devoted to the opt out process of course the same as staff that handles all of our members were in October open enrollment they're very busy are usually our busiest time they rolled right over and went into the Medicare advantage enrollment period everybody that we had enrolled at that point was moved over in mass. However we have some flexibility with CMS the federal agency that reviews Medicare Medicaid as well as with United healthcare partner to manually key in in effect everyone who wants to opt out but for whatever reason was were enrolled in the United healthcare plan so we're still working person by person form by form to get through everything and do everything we can to make sure that everybody has a true decision in this process. And then as far as the sustainability of the program the numbers that I hear you saying that that aligned with what United healthcare dissipated on the front end and there's no threat of the viability of the program regardless of the drop out opt out rate I don't see this as a threat at all I think that this is a major policy shift for our program I've certainly been reminded the last few weeks that our members are retirees have never had to make a decision before this is new for them so I don't think it's at all surprising to a lot would have questions a lot would be very skeptical of it so if very early on in this process we took the position this is a marathon not a sprint that this is a committee of multi year engagement our hope is that this becomes really the norm so we look forward along all too growing into the program and taking at the time that we need to really make it successful no member will of lost any coverage of any insurance while we're in this transitional period there was a question of whether somebody would you know they are automatically enrolled even though they opt out had opted out those concerns should not be concerned because either way through this transitional period they're going to have coverage if they have a medical event is that accurate absolutely and even if something were to happen where it's for whatever reason some provider won't recognize their card or everyone except their billing we will absolutely reach out to that provider and clarify that that coverage is intact I think it's important understand that either coverage either the traditional A. R. benefits or the M. eighty plan are excellent coverage plans both have the full backing of the state and my office and we are working every day to make sure that people understand that they have our back or thank you. to believe yesterday we had executive subcommittee and know what we are also showed up and we were talking about demo you between you guys and us over the impact statements going forward into the next general assembly. We are instructed as the executive committee and adopted a report earlier today that you guys enter into that M. O. U. R. we enter and I am you would you guys by five PM today so we can be prepared for the session coming for. Do you guys plan on getting with the bureau today and making a good faith effort on getting that MO you sign. as we've pointed out that M. O. U. is an open ended agreement which would bind the hands of the next administration in a way that I'm not comfortable doing at this time we have made the incoming administration aware of them you. But unless and until they approve of its terms I can't and I won't sign that and you. Okay. Representative Crawford you're recognized. Thank you Mr chairman. Jake since I've talked to you the other day I've had three more phone calls and. I hear what you're saying that people are. Mmhm NO I've said and concerned. One of the some of the things that are happening is they say that they sent the information to opt out but yet they're being disqualified anyway and being put out of the plan. And when that happens they lose or drug coverage I've heard that from three different groups not just individuals so. Yes okay so and the other party is a person who is in. just for an example. let me find my notes here. They're in a rehab facility and they've been told they have to leave by December thirty one now they opted out. But it didn't get seen in the system so they told him that they are now on Medicare advantage in beginning January one they would have to leave because of that change. So what are we gonna do to take care of the issues that are happening when people actually opted out but there's some kind of misperception in the system to where it is going ahead and signing up for the Medicare advantage plan so for the past week we've been really working each one of these cases is very specific there's something going on with that provider there's something going on with that member there's something going on with the form that they submitted so we've created some teams internally DVD we've also had multiple conversations with United to get additional resources and teams from them to really begin tackling each one of these individual cases reach out to the member make sure that they know that we're working on it and make sure that their issues are being resolved and that's something that we're working with United very closely on and we're deploying to use a word more resources directly to combat that okay and I was just wondering if the Siegel group I know they were really good in going out to the community to. Inform people what they needed to date which is why they opted out. Do they have. A work force ready to help you with all that you need to or are you on your own we have been content in one of the terms of the contract with the United team is that they would handle the implementation and so we're relying on them and pushing them pretty hard to be responsive to these needs okay thank you. President Vaught you're recognized for a question thank you Mister chair Mister believe yesterday morning I received a call from one of my retired teachers in my district who got her form turned in on time got a letter back saying that her. That she had opted out. And yet she's got a letter this past week saying as of December thirty first she was going to be on this new plan even though she opted out of going there from what I understand it's a entire group of retired teachers used to teach in pine bluff area and I understand saying tire group and these people actually took these and did it in person even to the office to try to opt out and and as of December thirty first they're pretty much brewed unless you all figure out a way to fix this or that they can get back on their regular or they were asked whenever they opted because they've opted out so I I need some reassurances on what you all are going to do and how you're going to fix this problem of an entire group of teachers that opted out somehow there's been some kind of glitch in the system which is very scary to me since this is kind of all knew we should. Should be on top of this and they should not be happening so what are we going to do to help these teachers and I don't know all the teachers imply bless this one just happens to live in my district sure so I need some assurances these people are going to get an extension where they are back on what they asked to be on whatever they opted out. So as a man my response to that earlier question we are moving more people over we're handling it on a piece by piece person by person basis we've been working with our I. T. programs to do some re program to make sure we're coming all of the records to make sure everybody is where they wanted to be. That said no one in this process will be screwed. As of right now they are well I can't imagine a circumstance under which either way they would be keep in mind the MA PD program in my opinion is better than the traditional insurance. I'd also point out that this is a major shift it is a major change for our members they have never previously been required to do anything that that it's always been a passive enrollment now we're asking them to make a decision that's very complicated it is being they're being told it is a decision with lots of consequences they are understandably very very concerned about it. We've recognized that it's one of the reasons that we went really I think all out all year trying or over the last six months trying to really roll out and implement this program as quickly as possible. We did ask to delay implementation until counted twenty four as you know we get asked to have a full twelve months to roll this out to make sure that our communication our implementation was effective we were told quite clearly now we need to do this now we have an acting on an expedited basis I think a lot of ways we've succeeded in that but it's not hugely surprising me that at the end of it we have problems so for example we recognized early on that if we place rules if we say you have to give us a form in this month and only this month it has to be provided to us in this fashion it has to be done explains the otherwise you're out we're going to create more problems for ourselves in the. So we really try to be as accommodating as possible we're still accepting forms even though it's not November we accepted forms to any means that people can get it to us the good news is I hope we've been able to accommodate people with some thank you for your different needs. The bad news is we've got all kinds of forms we've got forms are filled out correctly we've got forms that are signed but are not complete we've got forms that have been submitted five different ways from five different people with the wrong social security numbers. All of those are things that we're working through piece by piece person by person and we're trying to if not more than anything to contact the member and reassure them that their benefits and their health care will be met. Thank you Sir. Representative. Thank you Jake D. how much time are you gonna give people who didn't realize they needed to opt out or who. opted out. and then discovered that it's not the same coverage that they don't have the same access to their doctors and some there's there's doctors hospitals that don't take United healthcare because are still difficult to deal with how much time we can give these folks to get back to where they were well so they'll have until three January so they'll have a months of that experience and then they'll be an opt out period again coming up next full okay that I've heard that there are a lot of doctors and hospitals that don't take it but then when I contact United and ask Hey what's going on why isn't this doctor this hospital in your network because of course or are at P. required a very broad network they will show me where that doctor hospitals absolutely seeing United patients and is billing United appropriately why would they tell the patient that they don't take United healthcare. I don't know the answer to that my guess is that United has a lot of different networks a lot of different insurance coverages they're not all the same just like the Medicare advantage plan one of the challenges we've had from the get go is it our group and APD plan is totally different than the plans you see advertised on TV not all Medicare advantage plans are the same but I think there's so many frankly bad Medicare advantage plans out there there's so much advertising that goes into them it is hard for folks to recognize wait a minute that's the good planned this is so back to what you said earlier the date next fall if they don't like the plan that they may have inadvertently entered into they can opt out next fall yes Sir and get back to where they are a month ago yeah United my expectation is that individuals would be able to move back and forth for the foreseeable future thanks to. And if I can just add on that we're literally working individual by individual and I'm I'm responding to emails and taking walk ins and calls so there's people that you want me to call or you want us to reach out to you want to look at obviously we're really busy the like I said we just arranged for a whole bunch more United healthcare people to come in and we're going to gang tackle this so let me know if there's somebody you want me to reach out to. Senator Hammer you're recognized thank you share J. to that point match you because honestly don't remember the anticipated opt out rate was gonna be somewhere in the forty percent is that what you said a minute ago give or take we were budgeting around I think our projections are fifty is what we've been presenting to the committees what did we do this what could we do to staff up or to help you prepare for fifty percent opt out rate or was that party United healthcare's responsibility to bring any extra help because if you can hire of any more help wouldn't give the opportunity higher up the more help we knew this is going to be a major shift we've kind of positioned you to be to be piled on as far as being able to handle a fifty percent opt out or I just want you to speak to that give you that for certainly so in retrospect are staffing situation is built for the work that we do in the past right like all state agencies were tend to be run on a shoestring and we tend to be built around whatever or the work load was like two years ago. Our retirees don't have to contact us traditionally they get enrolled in the retiree insurance and it's good they never have to do anything they don't have to do open enrollment they don't have to do any of that so I think what we're realizing is they never called us. Now through the MA PD with the opt out process they're calling us many times a day they are long conversations and the workload is dramatically more than we had anticipated if you add that to the open enrollment period which of course we just went through in October definitely some challenging times we have a number of extra help positions we added to help process forms there are people all throughout the Department transformation insured services that are not easy employees there are pitching in and helping. In addition we as part of our broader reorganization really make clear our folks that we only deal with one piece of the puzzle which is the eligibility peas and everything else benefits everything else goes the United. So we try to divide it up like that. That said it's it is a lot of work and we suffer from the same staffing challenges that I think any employer today does. Is United health charge any extra for staffing uppers is just part of team work trying to get get through this phase to where we get transition it was part of the deal and they have every reason to want this to be successful and are you looking at having to next fall staff of any additional help to deal with those are going to opt in having opted out for organ one opt out have to opt in or at least I would just say this before we get into session we need take ons look at your staffing capabilities as far as those are qualified to handle this and have that honest conversation I would certainly encourage looking at creating position specifically designed for our retiree population their needs their questions their benefits everything about that program is different than our actives so I would certainly look at creating something that can help those folks out of course in order to do that we would need a budget and of course none of the positions including the one I'm in now are in next year's budget. All right thank you. I see no further questions thank you for the report members of you follow me to G. it's reports of enrollment special committees are without objection the Committee will accept all the reports if anybody has any questions on reports I will recognize them for the questions is times are give a second. You make. You are recognized representative Ladyman for comment on his report thank you Mister chair I just wanted to comment hopefully briefly here but I want to thank Michael Gruppe they are signage and environmental department and John Warmack for the work that they did on this project. for the past two years the team that we form a many trips to Washington DC to meet with members of Congress and the department of energy we also attended many national legislative meetings to present this project this bill has been adopted as a model policy by the southern states energy board which represents sixteen southeastern states one thank representative back representing that bill to that organization the American legislative Executive Council a national organization made up of legislators from all fifty states have also adopted this bill is a national policy of more work is needed to solve this nuclear waste problem I will be bringing legislation to the next session to move this work along and help solve a national even international problem thank you Mr chairman. Senator Hammer thank you all I wanna say on the the panda pandas is to make members aware that we are participating in a thirty to thirty five million dollar big pharma trial study regarding the treatment of panda pandas are spent about a hundred and fifty that been through the clinic over there and so if you encounter any of your constituents that are dealing with this or unique we send out information to all the pediatric clinic so we're doing a big push on that but just be mindful that Arkansas is at the table for thirty to thirty five million dollars former trial on the treatment of this disease and so if you get approached by constituents get him to the center of excellence so that they could maybe be considered participate in that thank you Mr. Senator Elliot. Mister I I just had a question and perhaps the request but it's not related to these reports so I will wait if I need to do that. That would be the proper thing okay Senate representative fight. Thank you Mister chair I would just encourage members to take the G. to report and read that a lot of work has gone into it and how to reduce the number of children in the foster care reduce the need and debt a lot of people have worked hard on this so please take that and look at it thank you. The so without objection the committee adopts these reports of Senator Elliot thank you Mr chair Mike my question is is on the our profundity those proposals so I I wanted no one Is there anything we need to any information we need to give ten gal for folks who have proposals that have not been adopted and I'm not talking just about those today but those that have not even been presented to the committees I I don't know what to tell folks who have. Submitted their proposals and nothing has happened with them will they be handled at some point somewhere. And for those that were resource today for example is there anything else they need to know or do. The end of the the reports of our own hold and appear committee have now been adopted to be sent to the J. received committee for further Further options yes but there's nothing I'm sorry there's nothing else that we need to they will go as they are there's nothing else that the folks who print stand okay. All right and for those that have not been of approved or unapproved by the our pretend midi that would send them to peer Is there anything we can tell those people anything they need to do because these are the questions I'm getting and I I don't have any answers I would guess that those answers lay in the new administration I'm sorry those answers would lead with the new administration. Okay and then the last thing are are all of the proposals and I'm thinking mainly about those that have not been presented yet I to peer are they online someplace or is there some place we can are they. Somewhere easily accessible so we can see which ones had not even been heard by the our committee I'm being told you I say I'm not here they're on they're on your website. Okay that I don't know if anybody else wants him but I'd like to know the okay somebody more than okay thank you. Thank you Mr thank you Senator Ingram you're recognized for a question. it's not a question sort of follow up on Senator Elliot is a member of the our PO of the steering committee I guess I had written the governor and of you know there are certain things that cut across every Senate district in every house district of the state one being broadband that was easy for us to to all agree on to do that water and sewer we all know we've got far greater needs than the amount of money that we've of recommended to address water and sewer issues in the state and in the in the third thing that we did with the money of course that did this group everybody was to reimburse hospitals for COVID and that was what the money was used for but I'd urge the governor and I I do the same with this body that next year with the remainder of the money that is available that health care is the most important thing I think in this state it affects everything we do it has a tremendous cost impact to our budget and that we could do something that it within a thirty day period of bringing together UAMS DHS of department higher education of that could look at everything from prioritizing nursing how many nurses do we need to put out a year where we need to teach this how do we do this most effectively to just what UAMS believes the priority is to get our citizens healthy and there's non any worse than than the citizens of the delta and you know we have a tremendous disparity of a child that is born in the delta probably has a seven to eight your different lifespan than a child born in Northwest Arkansas I mean it's it's it's so I would urge date that that we have a one time opportunity to spend a great amount of. Money and one thing that cuts across every district in this state is is healthcare and and I would urge this group to take a look at prioritizing how we begin a program to make our population is healthy as it possibly can thank you for some leeway there Mr. You're welcome and so with that committee we still have businesses let's go to H. one Hey I need a motion for review. I have a motion of second all those in favor say aye all oppose ayes have it and the the same motion for item one B.. I have a motion and a second all those of favour say aye. Opposed Is have it so follow me along with three C. I need a motion for approval in three C.. I have a motion. The second. I have a second all those in favor say aye. All opposed Is have it. With that members we have no new business and no further business we stand adjourned. Merry Christmas.
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Agenda

A. Call to Order.

B. Roll Call.

C. Approval of the Minutes of the Last Meeting, November 18, 2022.

D. Presentation of the November 2022 Revenue Report – Dr. Carlos Silva, Legislative Economist

9:10

E. Report of the Executive Subcommittee — Rep. Jeff Wardlaw, Sen. Terry Rice, Co-Chairs.

14:19

F. Reports of Standing Subcommittees:

15:06

G. Reports of Interim or Special Committees:

1:34:21

H. Review of Communications:

1:42:09

I. New Business: (none)

J. New Interim Study Proposals and Interim Resolutions: (none)

K. Business Carried Over: (none)

1:42:47

L. Adjournment.

1:42:48

Documents

TitleTypePagesSource
Agenda — ARKANSAS LEGISLATIVE COUNCIL (ALC), Dec 16, 2022 Agenda 4 Official source ↗
Exhibit C - ALC Minutes of November 18, 2022 Exhibit 4 Official source ↗
Exhibit D - BLR November 2022 Monthly Revenue Report Exhibit 10 Official source ↗
Exhibit E - ALC Executive Report - December 15, 2022 Exhibit 11 Official source ↗
Exhibit F.01 - ALC - Admin. Rules Subcommittee - December 16, 2022 Exhibit 11 Official source ↗
Exhibit F.03 - December 2022 Claims Subcommitteee Report to ALC Exhibit 3 Official source ↗
Exhibit F.07 - ALC Report Medical Marijuana Oversight Subcommittee 12-16-22 Exhibit 1 Official source ↗
Exhibit F.08 - ALC-PEER Report December 13 2022 Exhibit 4 Official source ↗
Exhibit F.10 - ALC Review Report December Exhibit 19 Official source ↗
Exhibit F.11 - ALC Personnel Report Exhibit 3 Official source ↗
Exhibit F.12 - ALC Lottery Oversight Subcommittee Dec 2022 and 2022 Annual Report Exhibit 2 Official source ↗
Exhibit F.13 - ALC Highway Commission Subcommittee Report (December 16 2022) Exhibit 1 Official source ↗
Exhibit F.14 - ALC Employee Benefits Division Oversight Subcommittee Report 12.16.22 Exhibit 1 Official source ↗
Exhibit G.01(a) - Public Health ALC - Mental and Behavioral Health Report Exhibit 38 Official source ↗
Exhibit G.01(b)-(c) - Public Health ALC - Fuel Rods and PANS PANDAS Report Exhibit 21 Official source ↗
Exhibit G.02 - House and Senate Children and Youth - Foster Care Final Report Exhibit 17 Official source ↗
Exhibit G.03 - JPR Reporting Requirements for Act 276 of 2021 Exhibit 21 Official source ↗
Exhibit H.01(a) - ATRS - 12.6.22 Imm Need Letter_cr Exhibit 5 Official source ↗
Exhibit H.01(b) - ATRS - Investments for Review Under Act 1211 of 2009 Exhibit 8 Official source ↗
Exhibit H.02 - COSL - Qtrly Deed Report July-Sept 2022 Exhibit 680 Official source ↗
Exhibit H.03(a) - DC - ADFA - CAP Annual Report 2022 Exhibit 3 Official source ↗
Exhibit H.03(b) - DC - AEDC - 2022 Amendment 82 Report Exhibit 3 Official source ↗
Exhibit H.03(c) - DC - AEDC - Division Rural Services Game and Fish Wildlife Conservation Grant Program Exhibit 30 Official source ↗
Exhibit H.04(a) - DOC - APB - Act 570 Report November 2022 Exhibit 45 Official source ↗
Exhibit H.04(b) - DOC - DCC - ALC Monthly Report-December 2022 Exhibit 7 Official source ↗
Exhibit H.04(c) - DOC - DOC - Statewide population Exhibit 2 Official source ↗
Exhibit H.05(a) - DFA - EATR - November 2022 General Revenue Report Exhibit 5 Official source ↗
Exhibit H.05(b) - DFA - OCSE - Child Support Semi-Annual Report_Jan-June 2022 Exhibit 2 Official source ↗
Exhibit H.06 - DHS - ALC Assisted Living Report - December 2022 Exhibit 1 Official source ↗
Exhibit H.07 - DPHT - CZDC Activity Report - December 2022 Exhibit 5 Official source ↗
Exhibit H.08 - DPS - ASP UNIFORMED HEALTH PLAN NOVEMBER 2022 Exhibit 3 Official source ↗
Exhibit H.09 - DTSS - DBA Monthly ALC Report - FY23 Nov Exhibit 21 Official source ↗

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