Arkansas Legislative Council (ALC)

Members if you will move your seats and we will get started. Okay members if you're get seated in. Finish your conversation will get started just nine o'clock. While you are quieting down let me thank you or members of the council those alternates and the legislators that maybe not be members better here showing interest each meeting we are winding up the first half of the ninety third General Assembly that of a LC servers in between sessions it's important work a lot of details and I just wanna thank you for that I would as a point of personal privilege but let me mention to you I wish you a merry Christmas happy new year that as we are enjoying our families and our friends be mindful of those who have are going to challenges who recently had to storm victims of loss of life and loss of property there their lives turned upside down in this state and and we know in other states too so in this C. list let's remember them and again realize how blessed we are so with that thank you for being here today you have a copy of the minutes in front of you and if you have the opportunity to look over those that accept a motion to approve. I have a motion the second second all in favor aye. And thank you for approval of the minutes as a mother a personal privilege I won't go down to the table and will turn over to a co chair for just a minute. Thank you Mr. Mr you're recognized thank you I would like to have Estella Smith come down and join me. The board center good decisions thank you for joining. Can you hear me all right standing is not here. Estella has been a valued employee. Of the state of Arkansas and I know you hear all these citation read with and sometimes you just handed out but I said I will read this. Whereas miss Estella Smith assistant director of the research services division of the bureau of legislative research is retiring on December thirty first twenty twenty one after dedicating forty seven years. Forty seven years of service to the state government and leaving a solid example of commitment and a legacy of service leadership for all and whereas a Stella joined the BLR nineteen seventy eight. So we'll. Yes just listen she worked for the Arkansas Senate for five years and returned to be L. R. in two thousand one careers including multiple roles including assistant to the director financial services division Senate budget Clark and legislative analyst if you were promoted to administrator the committee staff this section in twenty ten and became assistant director for the research services division in twenty nineteen whereas an institution in our own right Estella perform invaluable work in each endeavor she's touched she has been nationally recognized for a long standing distinguished service the legislative institution professionalism always in Hammer including receiving the twenty fourteen researching committee staff section award from in C. S. I. ill in the twenty sixteen Carter Harel Heller a legislative staff award from Mississippi she has been a tremendous asset to legislators the bureau agency personnel and the state of Arkansas and whereas the members of the Arkansas Senate wish to join Senator Terry Rice in commending this Estella Smith for her exemplary leadership and outstanding service in wishing her a her wishing her well in her retirement in future endeavors and we do wish you well and we thank you for your service. We're going tag team just a little bit. We in the House want to congratulate her as well and we sure are happy retirement we will misuse that thank you. Good morning I just want to say thank you it has been a pleasure of serving all of you over the years and as I told Senator Rice aye negative fifteen when I started work is one. Thank you again. Senator Elliot did you have a question that you will. Senator you're recognized I thank you Mr chair what will the vice president for government affairs at children's hospital please stand up please stand up are you here. Is she here. Ross. Of rising it seems that in in the theme of what we've just been talking about after all these years of being our friends and doing all the work for children's hospital as a vice president for government relations she's decided she loves us but she's had enough she's going to go travel she is retiring out thank you have a for all of your yeah. Shall we and because I don't have that information when are you retiring what your date. I was afraid it would be today so thank you so that on we appreciate you very much thanks Mister chair. What a lot of valuable years of knowledge. As a legislator we rely on that. Members of a we take just a. Colleague who's has. Father god we come before your throne today And we come not on behalf of ourselves for we are blessed to be here to have the physical emotional mental capacity to be able to deliberate the business of the citizens of Arkansas so this per lord is not about us this prayers about Tom five in about representative fight and for the fight that he is in and god what we will pray is that you would restore his health we know that you have a divine will we know that we're all subject to your will for our life but father we in this chamber and in this audience hold time in high regard and know that he is valuable to the state is valuable to representative Fite father he's valuable to the work that you want us to do those that reflect your name and call upon your name for salvation so we're going to pray that you just give him the physical emotional spiritual straight give him healing lord that he might be able to have its health restored and just to be able to a father in your the rest the journey here in life that you have for me to quality of life status. Thank you lord for the season and we pray lord that you would just bless those that are experiencing great difficulties during the season whether it's the financial distress or whether it's the victim said don't have a home to put a tree in we pray lord that you would just bless them and we just pray for all the resources available to be poured into their neighborhoods and into their communities and may what this be a time that we don't focus so much on the tragedies we do just how it is ward that we rally to the aid of our neighbors regardless of whatever the caller the race their nationality whatever their political stances and all those things at a time like this really don't mean anything it's just about neighbor loving neighbor so we pray lord that they would have all the resources poured to them that is possible thank you lord for those that have retired today for the inspiration they have been to bring a bright spot to the state and we just prayed to blossom in the retirement thank you lord for love initially giving your son force we ask all name Jesus Christ savior and got people said. Thank you. Next to the we will have a presentation by the Israeli Stennett of the. Legislative report. Thank you for being a mistake you're recognized yourself here thank you Mr chair Ellie Senate bill are. Compared to the same period last year our gross general revenues are up two point six percent net general revenues are up two point seven percent and a net available for distribution is up three percent. On page two you can see that we are currently seventy three million dollars above the forecasted value for this period. Gross receipts taxes are up ten point four percent and total income taxes are down two point five percent. And one item of note there has been a revision to the forecast but it will not take effect until next month's report in that takes into account all of the legislation that was passed during the special session. I'm happy to take questions. Any questions on report. The representative makes you're recognized thank you Mr just a real quick out question is we know inflation has been becoming a concern in the economy you'll have any Idea what impact it's gonna have on state revenues will that increase them decrease the number we know on on that yet. Sure so we haven't looked too directly at inflation but we do have a forecast for the next couple of years that was provided to us by moody's analytics when they are reviewing our tax policy proposal and they are showing that that impact of inflation will have an increased wage and that overall our state budget will grow because of it. You think Mr. Saying no other questions thank you for your report thank you. Next we have the executive subcommittee report from co chair Richmond Wardlaw. The executive subcommittee met at ten AM on December sixteenth two thousand twenty one in room B. and big mac built in Little Rock Arkansas. Of culture Wardlaw recognized. Subcommittee met on Thursday December sixteenth and approved an amendment to the consulting services contract between the bureau and the Siegel group the amendment extends the current contract with Segal through January thirty first two thousand twenty two and includes an additional ten percent to the total maximum of the contract subcommittee also decide to pull down revenue forecasting contract or if he in order to re evaluate the needs of the General Assembly I move adoption of this report and remember whatever you put in front of me I will read since. I have a motion and a second second all in favor aye thank you the option report. The next we have the in ministry rules committee of Senator Hammer you're authorized to recognize to give your report thank you Mr the administrative rule subcommittee met on Wednesday December fifteenth the subcommittee adopt the report of the executive subcommittee concerning its approval of an emergency rule the subcommittee reviewed and filed a report on the state board of physical therapy percent ACT nine thirty seven a twenty twenty one the subcommittee received an agency update on delinquent rulemaking from the department of agriculture under Act five seventeen of two thousand nineteen and a motion was adopted to no longer require the agency to submit monthly written updates instead requiring the agency to update subcommittee with written notification once litigation is resolved the subcommittee filed December monthly written agency updates pursuant to act five ninety five of twenty twenty one as mentioned in the report the subcommittee approved certain agencies request to be excluded from ACT five ninety five reporting requirements subcommittee also reviewed and filed agencies initial rule report pursuant to act ten seventy six of twenty twenty one all rules were reviewed and approved at the conclusion of the committee meeting of questions arose concerning the status of the Arkansas history history commissions promulgation of rules in relation to act one thousand three of twenty twenty one by the deadline there in a January first twenty twenty to move adoption report my understanding that representatives of the historic history Commission are here to answer questions as requested thank you Mr. Thank you any questions on report. Not have a motion and up report. Hi motion second all in favor aye. Is there a request for any discussion. Senator Johnson did you did you have a request. You will make your request. The fifty seven Mr thank you thank you Mr chairman Mr like request if you're someone from the Department of Parks heritage and tourism here I just have a question about the the rules for act in three which we expected. Before for this meeting and we haven't gotten it yet. I believe that maybe miss Fiske is here to explain. Thank you for being here today if you will recognize yourself and then. Would you dress senator Johnson's question. Good morning I'm Leslie Fisk in Chief of legislative affairs for parks heritage and tourism. Good morning I'm jim Andrews general counsel for parks heritage and tourism. Okay and I recognize now Mister chairman. We appreciate thank you of this fifty we this cell phone but for the benefit of the entire membership I'll I'll just ask you could you tell us where we are on the rule and why we missed the deadline. I'm yes I'm as we discussed and we have our drafting these roles we have taken a very thorough analysis and then very detailed in our drafting of the rule we well following the law on on the timing we have research them we have. let's see we've what we've visited with other states we have specifically worked with the state of Tennessee to research and learn more about what how their act has been implemented and their rules specific to the so that we can we would like to reach the public comment period and have the most thorough analysis of rules they're gonna work we've also drafted guidelines we've drafted for separate applications that are a part of this process we've worked with our general counsel who's sitting next to me could you move a little closer to the Mike I'm sorry I we've worked with our general counsel who's here with me jim Andrews our chief of staff is also a lawyer and we also work with our director of our division of Arkansas heritage as well as the state historian and I'm Director of Arkansas state archives. Okay I'm a little troubled when you mention conferring with Tennessee when I was drafting this bill I looked at what Tennessee it done and I and again of course we learned by the mistakes of others sometimes but I do have a few concerns about the direction they went with that song I would really like to have an opportunity to review what you did on that just because of the fact that I've again I it could be just fine but but that's again what we have to do here when we review these these rules yes Sir we we reviewed several we looked at several other states that are surrounding us I mean including Tennessee will look to other states to see if they had act or similar this is as you know a new and complicated law there's gonna be a lot of tension on these rules so we wanted to be very detail oriented and and learn from other states on on what worked for them and what didn't work for them everything that we're doing fall is the intent of the law at and at this point as soon as we have a draft that we feel comfortable sharing with you that we feel is a final dropped we we will share that with you okay thank you know and have would reiterate that to it. We have a reason we have deadlines and legislation for rules and in the his or is in in this case some cases it really doesn't make much difference but the that should let the council know that there's litigation related to act in three in Fort Smith and the judge basically in destructive the defendants to. Go to of. The hardest part to get the get the rule so they could ask for the waiver the peer to be wanting to seek under the law but there's no guidelines yet so again I just reiterate to you that you know we don't put these dates in there just arbitrarily there there there for a reason and I would hope in the future you all could and I reckon I appreciate the work you're doing but it we didn't deadlines do mean things and I just want to. Do we have a estimated date is will it be in January or February when we will see this. The next step for us is to submit this to the governor's office for review and are we have a director from governor Hutchinson that all agencies should have those to the governor's office by December thirty first and we planned to have those to the governor's office by early next week so it's possible that we would have this for the the January meeting. We'll have to work with the governor's office on the timing of I realize it's it's up to him but again that that that's at least a good estimate okay thank you very much thank you Mr. Thank you Senator L. you're recognized. I was just trying to catch up on what is ACT ten oh three that we were talking about consent I was trying to find and I haven't found it yet they're gonna quickly what we're talking about. What's the Act. I'm this is senator Johnson's Act one zero zero three is the historical monument protection act and that puts a law in place to protect the Capitol grounds the monuments and statues on Capitol grounds as well okay yeah and what it isn't Hodges on government thank you I'm so sorry I did I really without asking I didn't need for you to explain it to me but that's that's fine I appreciate it thank you Mr that's all centering that you're recognized. Thank you the. Of higher education report. Committee for that we are ready for the higher education work for you okay thank you the higher education subcommittee met on Monday December thirteenth twenty twenty one subcommittee heard testimony regarding the following items computer science programs in higher education K. through twelve career education industry opportunities and working with the higher education curriculum I move that we accept this report. I have a motion the second I'll favor I. Posed thank you. next we have the peer report Senator Jonathan Dismang get that report thank you Mr chairman the peer support subcommittee met on Tuesday December fourteenth to subcommittee received reports reviewed requested approved the following items various temporary appropriation increases cares appropriation increases American rescue plan appropriation increases your rainy day transfer and restricted reserve fund transfer I move for adoption of the report. Thank you Senator Dismang I'm not saying any questions I have a motion and a second for the report motion second all in favor aye. Opposed. According to recruit approved. Next we have the Review. A report to the Senator Flippo. Mr thing Mr review subcommittee met on Tuesday reviewed methods of finance discretionary grants and services contracts three out of state contracts were held the contract for information systems was held for questions those have been answered in the hold on contract number twenty five on page thirteen has been released to contracts number fourteen and number fifteen on page nine of the report were held for educational TV in the agency has pulled those contracts for legislative review at this time I move adoption review review report including a review of the contract for information systems with Pfizer international identity. Not saying any questions I have a motion to approve a motion and a second all in favor aye aye opposed thank you for that report Senator Flippo when you next have personnel Classification compensation report the representative Hillman you're recognized. Thank you Mr chairman the personnel committee met Wednesday December fifteenth and the committee reviewed and approved the request reporter reports listed on items one through eleven on the report I'd be happy to entertain any questions that in any member might have otherwise moved for the adoption of this report. I have a motion and a second all in favor aye. Just one second I've got the formal taken thank you senator sample that you're recognized. Thank you Mr I'd like to to have someone from the. Former correction come up please. Barker corrections secretary grazers. Making his way of. Welcome secretary graves if you will identify yourself from Senator sample. The morning members of the council solemn grave secretary corrections. Agradecer I understand that you that you or planning to implement the Some rises for all of your employees is that correct un. The raises party yes the all Partenope the agreed that the US subcommittee reviewed earlier in the re weak is targeted to only positions of related to security treatment offenders to supervision and food service. And what we these costs were. I'm sorry what will be the cost of that over time we project the total cost to raise our salaries by a point three percent for Max because of twenty five million over time with the majority of that happening in the twenty five and twenty seven biennium unfortunately ours our vacancy rates being what they are we are able to account for this with salary savings with no new funding for the remainder of this biennium looking at a project so no one one at one and a half percent growth staff growth to three percent we think we can actually get to the twenty five biennial without any new money but it does get tied in FY twenty five. You're saying the biennium. Rather than fiscal year yes Sir okay. All right thank you I just want that explanation yes Sir thank you. Senator Hester you're recognized. Thank you and I and I won here earlier this week when this went through but I I think you know clearly we're seeing inflation across the country and stating in your lease already positions that are extremely difficult to to fill how shorter you want people right now what your turn over like in our C. O. one vacancy rate in the Division of correction is right at fifty four percent in the division of community correction is right at forty two percent. Well I have a I for one I I appreciate you guys do what you can to correct these are very important jobs I mean public safety is a are you are number one responsibility and we've got to make sure that the people are paid to do those jobs thank you. I'm sorry I was distracted did get all you need Senator Hester okay thank you notes Senator Irvin you're recognized. Thank you director Dr I just wanted to pass along to you my appreciation we partnered with you to do the re alignment and re organisation of your school district yes ma'am and I heard from some of the teachers up in the north and north central Arkansas correctional units about how great things are maintained and and how much of a big change that they've seen and not and how effective they're able to be and so I just I wanted to let the legislators know that was part of a bill that a lot of us supported and put together and and so I just I appreciate that realignment for the department of corrections and it's working well and it was really just great to hear that positive feedback from you know somebody is teaching and that correctional unit up there in calico rock yes and what a big difference is making so just wanna pass along that and share my appreciation of the US support of you and and and the members of your caucus were pres pres she added on that point we think that's going to be an absolute game changer as we work to prepare our fenders for high skilled high paying jobs in the first century yeah I just I appreciate my colleagues in our Republican women legislative caucus that help me with that thank you. Senator Stubblefield you're recognized. Pushy button again. Great thank you. Thank you Mr chairman Sullivan can you tell me how much cares money for saved up to date of how much COVID money received if if I can give you an approximate of probably about eleven million eleven million yes Sir. Okay. Thanks very much. Okay saying no more questions thank secretary reg being here today. Okay member we had a motion and a second we didn't complete our vote all in favor aye. Opposed thank you for that next our live report on the. This is occupational last review and representative Cavenaugh you're recognized you that report. Thank you Mr chair the occupational license review subcommittee met Thursday December the sixteenth proverbial report an occupational authorizations from the Arkansas State Medical Board of the Arkansas department of health with that I would moved for adoption of the report. Okay inner culture Clark I'm sorry I didn't see you of still you work or here and then missed you but thank you for that report representative Cavenaugh all in favor I. Opposed in the House I have a motion and second on and. Okay members next the we have the five items that will require motions first is on H. is review of communications. Any request for. The bring anybody up on that. Not I'll take a motion H. one for H. one this is a Arkansas public employees retirement system that we have before several months for review. Any questions for that. Not a take a motion for H. one. I have a motion that second hi motion second on favor I. As opposed disapproved second we have is H. two is Arkansas teacher retirement system any questions for that do we need to bring anybody up monthly report. If not I'll take a motion. Okay I have a motion and a second all in favor aye. posed. Thank you for that we do have I'm sorry I did not due to the Denuded one so I'll take a motion for that. I have a motion and motion second all in favor aye opposed okay the members will go to number four again you the any of these that that you have that are not requiring a motion if you have questions you can ask for those this is department of agriculture. Natural resources commission any questions on that and that's. It is to bond programs. Do you have questions Senator or you're recognized it's it's not necessarily question that it's really just a statement I think it's really really incredible and very important that we emphasize our water and wastewater and infrastructure is very lacking across the states such as an opportunity for me to say that we need to really focus on that area and work with with a and R. C. on that because there's a lot of areas in the State of Arkansas that are in desperate need of upgrades to their water and wastewater systems so I hope we focus on that in the next coming year. Thank you and if you'd like to make a motion for approval have moved for approval of second all in favor aye opposed thank you for that the last one we have is own number five eight five the Department commerce AEDC Division rule services any questions for that. Not saying that I have a motion I have a motion and a second all in favor aye. Posed thank you for the. Again there are. Other reports you see if you have questions of. Live reports I'm not saying anybody who questions those. Their new business owned by we've the request the Department of Human Services be here so if they will come up at this time uh secretary Glaspie Mr. Mark white. You come up the table. Thank you all for being here today and we appreciate and understand you have a presentation for so if you will identify yourself and per se all right syndicalists be I'm the secretary of the department of Human Services. Mark white chief of staff legal legislative affairs for DHS. Mary Franklin director of Division of County operations for DHS thank you secretary glazed with you will pull that might toward you the it'll slide toward you that on their behalf. Right is that better good okay thank you I just want to kick this off I'm going to let Deputy director mark white walk you through the presentation very quickly I want to say two members of the committee that. We are have moved to an intense focus and plan around the LTSS Medicaid eligibility backlog as you are probably aware from your constituents and others there and I think we have testified to this previously there is a backlog that is existing within Medicaid eligibility over all. But the LTSS portion of that or we determine eligibility for individuals who need nursing homes assisted living pace our choices in home services. That backlog in particular has become very much in our minds a crisis in the state and so we have put in place a much a. A very heavily monitored intensive plan to address this over the coming weeks this will be driven out of the secretary's office and as you will see from our current plan we are moving a quite a few resources into the backlog as a whole as a whole and on to this particular area of focus. A lot of these resource changes for us are all actually planned to be permanent because it is an area where we feel like on going we will need additional resources I do want to thank The healthcare association they've worked with us on this bill are OPM and a number of members of the legislature have worked with this around this so I do want to thank you on that we will be providing ongoing reports to you so that you can along with us monitor and ensure that we are proceeding as planned with that I'm just gonna turn it over. To mark to walk you through the plant thank you let me jump in here members if you can let's let's keep chatter now we can hear the report thank you. Thanks surgical sector Gillespie so members on our recognition your time OR I can walk through every page the power point you do have that detail plan in front of you as certainly as you see questions for the rest of the day you're certainly welcome to reach out to us later and we'll be happy to answer questions around that is one hundred on just a few high points related to it as the secretary said we do have a backlog backlog of applications and so as of last Friday for nursing home we had five hundred sixteen applications that were overdue for assisted living two hundred seventy applications that were overdue and also when there are applications become overdue and we get a delay in there sometimes that forces the provider to have to file claims on paper and those paper claims take additional time and effort process and so we have a stack of those as well well over six hundred sixty of those paper claims that were working to process and so I wanted to touch on our steps going forward for how we're going to address that. First of all we are looking to to vendors to provide some additional support around processing Medicaid eligibility of both to Lloyd his or may not even yours as well as implementing our new I eligibility system and also maximus I wish they of assistance in the past around eligibility and and all other projects as well they'll be taking over us some of that processing for Medicaid eligibility on the match I saw which is that's things like Arkansas works which is about can become our home other types of Medicaid that don't necessarily look at resources and other items there looked at a long term care by doing that that's going help through some capacity in our staff that we can dedicate more to the long term care side is we are having real issues with getting staff in the door and keeping them as as all employers are in this economy. And they were also looking to enhance our staff as well we are taking nineteen of our existing vacant positions we're going to shift them into this unit this will increase the size of this unit two hundred and thirty two and that'll include seventeen more case workers as well as a couple super one supervisor and one admin position other will also come back to you in January seeking to add an additional registered nurse position because that's one thing that makes this area more complicated is they're not only looking at finances are also looking at medical eligibility and other issues that affect the eligibility for these facilities. And then we've recognized that because this work is so much more complicated and difficult than standard Medicaid eligibility it really doesn't make sense to have workers at the same grade and pay scale doing this work compared to standard Medicaid eligibility and that's just something that we probably to recognize before we've come to recognize it as a result of dealing with this so what we're proposing to do we will come to you all in fiscal session next year asking to upgrade these positions so right now our standard case work positions GS six we'll be asking to upgrade these long term care eligible positions GSO seven similarly the supervisors to move from just seven GSL eight and the overall supervisor to move from just so waited GS ten again recognizing just this is worked as much more complex and difficult than what the rest of our case workers do now what we're going to do immediately to address this crisis the short term is we're moving to go ahead and increase the salaries there the record reflect those grades we have some tools we can use internally to get those salaries up and that will help us in recruiting folks to come into these positions and take this work all of it as I said we'll come back to you in the fiscal session to have that's increase reflected in the greater the position and that will cost approximately one point seven million which we can absorb in our existing budget and majority that will be covered by federal funds. And then I'll finally on the red line claims I will take a similar approach there that we're bringing in some additional vendor help to help us processing that we're expecting to see some good results even as early as next week with games with stacks of these process will be continued push to get these process not the door over the next six to eight weeks and gives me in this process to get that money in the facilities bank accounts because we know that's The the facilities they should have to wait for the payment since they're already providing care for these individuals so that's just the highlights of the plan with that we'll be happy to answer any questions. Thank you we do have some questions let me. Take a moment to say inspector life and and missed what both we've discussed this over a period of time and I realize you have your agency. And nobody really can understand the magnitude the job deal with so I do that. But I continue to say this I'll say this to my colleagues here. What bothers me is when government expects. Private business to do things that government will hold themselves to a you may be trying we're all experiencing. Staffing and and employee problems retention and knowing we we talk about it or trying to give you the tools to do that. But at a long term care. We will continue to have. State inspectors in there we will we want our our patients kept safe we want things checked out what we can do that. But we have people that some people have deeper pockets and others we've got people strained in when we have employees in. News that have their salaries deferred because the state is not paying for. Services it should be approved and out the door it it's a it is a crisis and I'm asking for everything you can do as we're over this holiday period and and start a new year we've got to get we've got to get some help go one because it is a crisis in and I keep talking about rural Arkansas on not just I'm not just focused only on everything we do but I will say it one more time if these long term facilities close in rural Arkansas they will not open back up because they do not have the Klein tale there that will do that and and how we talk about people that now having to drive to ours the sale of it it's it's serious thank you for listening to me and I'll go to represent Ladyman you're recognized. Thank you Mr chairman of. And Senator Rice is touched on my question really but first let me say thank you all for this report I like many others I've got a lot of comments and emails and so forth and we've discussed this. Between us that's a big issue big problem is you all understand I'm glad to see some of the things that you're doing but my question really and and you may not be able to answer this or might have an effect on it but does the availability of facilities impact this does it slow it down is that a problem or is it not impact this at all. I'm sure that the availability of facilities in arms of alchemy how many beds they have available or right the availability of a place for these folks to go want to approve I mean does that impact the work that you're doing that does impact the work we're doing necessarily but are we does impact of that in that there are facilities that they will accept Medicaid patients but if if they're talking pay for the Medicaid patients sometimes they'll put a limit on how many the except and so recognized as one of the consequences of these delays that we want to dress and get taken care of. Thank you. Senator Elliot you're recognized. Thank you Mr Clark when when we move these people up into a different what the to a different grade for their salaries what's the salary range going to be for them to get off hand. I can pull that up for that would be great I don't want to know what's or they're moving from and to what. Conte has it thank Tony bring here thank you. Okay. Great. Thank you so GS six the entry level salaries thirty six thousand one hundred fifty five four GS seven it is forty thousand three forty. I'm and I don't mean to ask an obvious question just to be asking about how comfortable do you feel that that forty thousand dollars is going to make a big difference in your ability to to recruit folks as we are in such a crunch and recruiting folks. It all started in a letter sent Director Franklin's hiring them. Okay the LTSS positions one of the our one of our. Core requirements is that they should know Medicaid eligibility so the individuals who get hired are likely to be the end of from within the current staff that is doing eligibility and they RGS of sixes so when they move to the seven they get a ten percent increase they don't necessarily go to the forty thousand so it also becomes a career ladder within the Division of County operations there is a way to move up to doing more complex work and as part of that move up the ladder to a higher grade we've never had that within their are you saying that about forty thousand dollars is that is is that the high for that greeted or that's the lowest status tree level okay so if someone is in a GS of six and has been with us for several years they will be making in the forties or fifties and when they move to a GS of seven they will get a ten percent increase for that okay all right. With somebody else's. I would just add that we do believe this will help us to be able to hire people who are familiar with Medicaid and working in regular Medicaid categories and will just need to learn the additional complexity of the long term services and supports category so we we feel like in addition to helping us attract people it will help us attract people who are. A good way there to getting up to speed and being being able to function and complete long term care cases so it should help us reduce the amount of training time it takes when we lose someone in the LTSS unit to get a new person up to speed and our other law with this is it is very important that we retain the LTSS workers we currently have it is a more complex area it requires a lot more work to do that they are already putting in a lot of voluntary overtime so all of the current LTSS staff will get that in ten percent increase and the recognition that the work they do is more complex so hopefully that will also help with retention and turnover and do you know if These the salaries that we're talking about the whole range this is comparable to the salary demand in the labor market for people who do like trying to work or similar kind of work. Is it. It's a competitive in the labor market I'm asking you to. I think that's hard for us to say simply because there's not a lot of private sector similar work except where we contract for it so this is very much a government function so it is it is hard to say we Director Franklin can speak to this better but we often higher in from some. Private industries that I won't name where surprisingly we pay better than they do but we then also lose workers because they become very computer proficient doing this work and we lose them to other industries where there is more opportunity often for advancement so it some. Well that's that's exactly kind of what I was thinking about as we trains were folks. Are we is this really going to help us retain them because I don't I don't mean the work is exactly alike but that skills demanded might be real similar where they might just leave and so I just wanted. Because sure we are competitive so that they don't get trained and leave That's our goal senator but we're all in an evolving labor market right now and so that's partly why when I started I said one of the things we're going to be doing as we work our way through this over the next next few weeks and months around the broader Medicaid backlog as well as this. Is we are going to continuously assess are the steps we are taking working what is happening. And react to that and come in with additional resources additional process changes additional technology Because what the labor market looks like today it may not look like in two to three months that's what we're reacting to honestly all across DHS is that shift and change that's constantly going on as well as the addition of remote work a that is also impacting all right thank you Mr thank you all right thank you Senator Solomon you're recognized. Thank you Mr one comment I don't know there was such a thing as a voluntary overtime. I would hope you're referring to paid overtime they'll cut you have to comment on that now but in the second thing could you please Craighead county is experiencing some problems there and cash flow could use send me a mail email of how quickly you'll remitted to you'll take care of that okay Sir we can respond back some information on crack and we'll get that to you okay thank you thank you Mr. Thank you representive Eubanks you're recognized. Thank you Mr chair. I don't know who this question the Secretary less beer mark but Would it be better that these facilities not accept these residents and tell the eligibility is determined. And if if that was the case. What kind of problems with that because. It would cause enormous problems for the beneficiaries and so one of the elements that is structured right now within the way all of this operates is that the facilities are paid back retroactively to the point of eligible to the point where the person came in and the eligibility was initially requested when we're timely. That's okay it it's part of the way they have their business process set up when we get out of time it does not work and the facilities are bearing the brunt of this and so I I think it is. It is something we have to fix on our side quickly because what they're doing is for the good of the people that are in those facilities notice that that's particularly true for the nursing homes because they are part of a continuum of care so you have folks who they go to the hospital they may step down to rehab and a step down to nursing home but we need to have that capacity there so that because otherwise start stacking up folks in the hospitals and we saw that in COVID where we had to try and help expedite getting folks out of the hospitals into nursing homes so that forget that hospital capacity for other patients. Follow up Mr. Well we're in a situation where they need to be taking these individuals. Does the agency understand how important cash flow is to the operation of any business because it doesn't seem that it does. Yes Sir we we recognize that that is critically important these facilities that's what we're we're taking the steps now to get this addressed and and taking the steps necessary to get addressed as quickly as possible yeah because all business can't. Wait. The length of time that is the main going on right now in order and be able to survive yes Sir. Thank you Mr. Your Wardlaw. Thank you Mr chair and full disclosure this is an industry that I work in Follow up to representive Eubanks I'm a some phone calls this week to some different facility managers and talk to about group homes in rural Arkansas the one I talked to as in MOD has two homes in my district. December eight. And I want to committee here this they have one point one million dollars and over ninety days old in these type claims. I asked him to look as of yesterday he was at nine hundred thousand so the so it has gotten a little bit better but it is ridiculous that these people have millions we're not talking about hundreds or thousands retirement millions of dollars that services have been rendered patients have been taken care of and they haven't been paid I know of another homes that that's upwards of about three million dollars in in that same base the problem with this is the banks don't recognize that A. R. passed those ninety days so these people are holding these millions of dollars that did you guys have. And they've already render to service and they can't even get funds from their accounts receivable on that because it's past ninety days so this problem is severe this problem is very very very needs attention needs to be fixed and whatever we have to do you guys need to be fixed in it and there was two counties in the state that are extremely behind. Which shows that there is is problems with with employees in your agency and what to those counties were Craighead county and Salim county and to see the eligibility you messed up into County shows there's a problem there as well so I just hope you guys will put the tension is needed we've asked for you know this to be added to the weekly report and less let's try to get this fixed to make sure that our rural areas have the services they need and are not driving to the biggest town next to all of because as someone said family family being to see their loved ones is very important so thank you. Okay we've got a few more on screen here let me mention this or we know not just our long term facilities are twenty four seven. We need to recognize that the ones in government or working in and we're authorizing additional funds to pay scale because of the employment crunch in retention. We're going to expect productivity Review and and this is something that I struggle with in a little business is I give more money to to keep them but I don't get any more out that will as somebody get less out of them and you've got to have the and I were so I'd go along with it so I hope you're reading that to got the floor on the screen right now representative Dotson you're recognized. Thank you Mr chair I mean this this is been going on for a number of months that I've been aware of it and so I I I don't know with these. With these facilities I'm assuming you're still going out and and making sure that they're complying and finding them if they are not in compliance with whatever it is and you're still expecting them to pay you those fines. If the if they're deficient anyway is that correct. Yes a separate part of DHS is actually continuing to survey all facilities to make sure that they're in compliance how to use birth them to pay fines if they don't have cash flow because they they're waiting on payment from you our our group works with facilities we have been with COVID. There has been a The facilities have all had issues we've all had issues and we're all focused together on ensuring that the beneficiary beneficiaries are safe and are receiving services and are receiving services in a safe setting. COVID has created this period has created a I say this while we are each playing our roles and doing as we should one of ours is safety one of ours is eligibility there's is providing services we have all faced difficulties and so there has been I would say a mutual respect as we've all tried to find a way through this together the one of the things that we are doing. In terms of this is we are working with the healthcare association to help us identify and triage facilities that are getting into real trouble around these pain around this cash flow issue everyone is suffering from it but we are all aligned none of us want to see these facilities closing particularly as you said in our rural areas it's something we're all very committed to figuring out together so For whatever that's worth there is a recognition by all of us that we're in this together. And that we all have to together serve and so we do very much appreciate the roles that the homes are playing and the way that they have been working with us and we know we now have to be really really add resources and get this moving for us to add contracted resources and create a permanent search capability which is also what we're doing is a big change for DHS the contract show are proving as part of this well one of them is a short term contract for the backlog and the other one has an enhanced component for the backlog we will leave in place permanently a contract going forward so that when we begin to see that we are having problems in any area of Medicaid eligibility we can search up staff. And then search back down you can't do that well with only having state employees so we're looking at real business process changes as part of this that because we don't want to find ourselves in the situation in the future either. So have you considered at any point in time Putting on pounds pause the the the fines and penalties for those entities that are in that as you said triaged. Dire straits cash flow issue that you haven't paid him so I mean that that's. That's like there cut their bleeding your porn lemon juice in it and stop for the lemon juice at least if you consider that. Are the guidelines around the surveys and the enforcement there it is federal guidelines and so we are subject to the authority CMS and that fall or direction I will say to the extent that we can work with the facility if if if they have issues no that are caused by the eligibility we want to work with and make sure those get addressed and if but if they also have issues where worship fonds I we will we will work with them to the extent we can to make sure we don't make the situation worse through that through those funds because the ultimate goal of that process it's not generate revenue the old gold as to ensure patient safety and so we'll work those facilities to make sure that we're not not taking a bad situation making it worse yeah thank you. Senator hammer and then representative Cavenaugh center or you're recognized thank you good morning the up to the ninety day if if a a provider has submitted a claim it goes over ninety days did you say or did I miss understood you to say that after ninety days they lose everything beyond it or do they get that paid no matter how long it takes no they they will get paid no matter how long it takes now just depend on how long it takes a man to be a different process that's for those paper claims come in but no we we will make sure that they're paid regardless we're we're not that. If there's any situation where are delay is delayed a facility for billing will make sure that still gets paid one or the other one hundred percent for whatever the paid yes and that money while it is under dispute or being held we're where is it held in your budget House accounted for your budget so you know how much that is. It's we don't actually track it by money it's it's just the standard Medicaid budget no we pay those claims out of Medicaid and sobriety funding sources it's stage or renew its also rented from the bed tax as well as the federal funds that are pulled down when we make the payments that facility we're track we're tracking primarily on the basis of eligibility cases read more are you getting money from the federal government that you're holding that is not being passed on to the providers or you'll get that till two you get approved as a right right we we only draw down the federal money will actually make that payment to the property and then last question is do you know today how much we're talking about that is over ninety days that has not been paid do you have a broken out like thirty day sixty day ninety day over a hundred ninety day I don't have a broken out like that I mean what what I can say is that with the paper claims which is those are. Most of those would have involved more than ninety days which may work and fix this matter in the claim paid that's what's six hundred sixty eight believes the number from the presentation and then I can. It would if you just get that and Mr I'd like that if you want to sit through the chaired all members but sure I'd like to get how it's broken out by thirty sixty ninety. N. ninety out and sure how much it is please let us Leslie will pull on that part thank you thank Mr thank you for your get that chaired representative Cavenaugh you're recognized thank you Mr chair over to the right I guess like many of us in this room I'm just frustrated to hear that the providers who are providing the care for our loved ones and I speak from a personal perspective. Can't get their money so they can't pay their bills what if we held your salary for ninety days and told you to go try to figure it out. You would like it and I can guarantee that you find a way through the process. So given us that this this is made up ongoing issue that we've had to push to make it a priority is unacceptable. We should never had to push to make it a priority should be a priority from day one that our elders who cannot take care of themselves. We take care of that's our primary responsibility in government is to help those that cannot help themselves you'll have seldom. When I hear you talk about new technology we pay hundreds of millions of dollars a year for your technology and it's not working. What's the problem. Is it truly technology. Or is it your problem personnel problem lack of training problem lack of empathy problem. So if it's more technology we need then why do we keep paying the same people to build the same technology. It doesn't work there's a lot of issues that have to be addressed in this. How is new technology going to help you with this. I. Nearly misspoke when I reference technology we are not looking to add new technology this is a personnel and bodies issue at this time so the contracts were doing ma'am are actually contracts for these companies to give us additional workers we will be adding between a hundred fifty and two hundred temporary additional workers through those contracts with those companies and then the positions that we're adding to the state work force which are additional bodies are coming from elsewhere in DHS and we're transferring those over into the Division of County operations to increase their LTSS workforce there so it's the workers we have weird our workforce has is down about ten percent I do not say that as an excuse we should not be in this situation please understand I agree with you but we are workers are down about ten percent and the workers we have are working extremely hard so we need to get more people on this and that's our goal is to get more people on it and build help. Help them get what they need to be able to actually process these cases follow up Mr. please view our. So. It does not technology it's just more bodies on the project. That will have to cost is additional money in the contract. And I'm sure you all can tell us how much that's going to cost but on the long term. How are you going to keep bodies on this project so we don't get in this area again two ways first as I said we are. Increasing the size of the Division of County operation state employee workforce and that is a permanent change we will be that will be part of what is also done in fiscal session so that change is for us a permanent on the second and I guess I should add their. As I said as we go through the next weeks on this and we're monitoring to see what is happening. If it turns out that the sides were making the county workforce still is not satisfactory we are going to look to figure out how to add more we we do not want to leave it not right sized then secondly one of the contracts with maximus. Once the backlog is completed maximus will remain under contract doing a certain amount of work for us each month so that they keep trained people on permanently so through contract we're adding Bob bodies permanently and that contract includes the ability for us to surge up through them to add more bodies if we have a moment in time in the future years or we have to increase staffing temporarily because of all of work flow going on. So that I mean because we we can have this continually going on or reoccurring. They agree. Secretary Glaspie one of the request I made when when for you to be here was a time line can you address that. What we are working towards right now is In terms of the overall Medicaid backlog what we're working towards is being able to get that backlog down you always have a certain number of over to you but get that back to log down to normal by the end of by the end of March that is when at this moment in time the public health emergency is set to end and we do not want to have any backlog as part of that within this LTSS base we are deploying as you can tell a lot of are contracted resources will work toward the general backlog so our goal is to move this LTSS space to be able to make more of it more quickly than through that time line We have pieces of this that we will we will have set up as I said for those that are in. That are Reaching that stage where they are they're all they're in an actual crisis we will be triaging that with the healthcare association so that we can take interim steps to address those and we will be working our way through this at this stage we're looking at it as addressing those that are oldest more most quickly while also simultaneously having some of the low hanging fruit that we're heading. So that's our overall timeline at this point. And like most things what we do is we ramp up. The two contractors are aboard now with the passage of the contracts both have started work and should be we should be starting to see the additional staffing coming in there in June on one fully trained staff operational by the first of February so you'll have a major ramp up that goes on through February but between now and then we've also got a lot of efforts and resources aimed at moving through H. and M. as representive Wardlaw said moving through those that are stuck at I would I would add to that we also have vendors for going on right now or in those red light claims and as I mentioned earlier we expect to have a good number processed out even by next week and though should continue over the next six to eight weeks. And before I go to the members and. I thank you see this is not a few members isolated Senate been saying for a long time we've got to do so we have to do so member our our membership beer is frustrated Henderson in the dilemma of of COVID employment all but. This is This hitting a different pitch I hope you're hearing that members if you've got something new I'm all I ask you to keep it is something that that were not is re hashing a representative Dotson and then Senator Hammer. Thank you Mr Cheryl try to be as responsible My question I guess is what happens to As far as payment for some of these because if I understand it correctly if I recall correctly Medicaid only covers one someone's been determined eligible that forty five days that they they go back and they pay it if you determine that they're not eligible who eats the cost for that that care for these delays the last longer than than that forty five day period if that's the number that's correct I remember. It's the ace for normal Medicaid including a long term care it's ninety days prior to the date of application and that's true for nursing homes if that into individual shall not be eligible for that still is going to eat that cost now with that said the facilities they they understand what we look at in terms of eligibility they they have staff in most cases they ask those questions they get that information from patient so the vast majority with what I'm saying those facilities have a very good idea when when they let someone and they know that person is likely to be approved benefits a DHS. Bill that maybe the individual wasn't completely forthcoming they find out DHS finds out and discovers now they have assets or whatever and it kicks them out of eligibility then you're saying that they could be providing services in some of these cases where the that there I mean your backlog is is months and months long for a long period of time and then the ability to pay for somebody might not actually exist and so they just the facilities themselves after it all of those costs. Yes the risk on the facility side. Can they refuse service to someone. Yes they can they can refuse services that'll be that person to be helpful yeah thank you. Senator hammer you the last one a shell thank you Mr just a quick one the the addition of manpower and you'll bring on which system do you use to determine that the work force that you have is actually maximizing their efforts and. Before we go and add on additional work force what what's the system you use what's the methodology process whatever you wanna call by. We we tracked the productivity through our eligibility system we have management dashboards that show what work is being done by which staffs of we we we have that ability to monitor that. Okay I'd like to get a copy of that if you don't mind and then we'll do a follow up with you please. And is it on the basis of that report that you're saying that you don't have enough staff or capability or broadband to you know to be able to absorb these responsibilities within your current workforce yes Sir we have We have been monitoring this for as as it has been involving director Franklin and the team have taken a number of actions internally to see if they could tackle the backlog and could keep it from growing as it has those aren't working and that's what made us come to the point of saying we just need additional bodies in this. I just like to get a copy of that report to review please thank you Mister. Saying no more questions thank you all for being here today thank you for taking the questions and gives information and we hope to see improvements thank you very much thank members hope you have a great holiday break and we thank you for attending today we're Jr.