§ 7602. Calculating and allocating savings (a)(1) The Department shall calculate savings and investments in Choices for Care and report the amount of savings to the Joint Fiscal Committee, the House Committees on Appropriations and on Human Services, and the Senate Committees on Appropriations and on Health and Welfare on or before September 15 of each year. The Department shall not reduce the base funding needed in a subsequent fiscal year prior to calculating savings for the current fiscal year. (2) After reporting the savings in accordance with subdivision (1) of this subsection, the Commissioner shall determine how to allocate available Choices for Care program savings in accordance with this section. (b) Savings shall be one-time investments or shall be used in ways that are sustainable into the future. Use of savings shall be based on the assessed needs of Vermonters as identified by the Department and its stakeholders. Priority for the use of any identified savings after the needs of all individuals meeting the terms and conditions of the waiver have been met shall be given to home- and community-based services. As used in this chapter, “home- and community-based services” includes all home-based services and Enhanced Residential Care. (c) Savings may be used to: (1) increase Choices for Care home- and community-based provider rates; (2) increase Choices for Care self-directed service budgets; (3) expand Choices for Care capacity to accommodate additional enrollees; (4) expand Choices for Care home- and community-based service options; (5) address Choices for Care quality improvement outcomes; and (6) fund investments to serve older Vermonters and Vermonters with disabilities outside Choices for Care, understanding non-Medicaid services are not eligible for a federal match. (d) Savings shall not be used to: (1) increase nursing home rates already addressed pursuant to section 905 of this title; or (2) pay for budget pressures related to the Collective Bargaining Agreement for independent direct support workers.
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