77th Legislative Session _ 2002

Committee: Senate Appropriations
Monday, January 28, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Putnam, Vice-Chair
P    Madden
P    Kleven
P    Greenfield
P    Apa
P    Duxbury
P    Dennert
P    Drake, Chair
P    Cradduck

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Co-Chair Drake (held jointly with House)

DEPARTMENT OF SOCIAL SERVICES

Mr. Reed Holwegner, LRC, provided budget information for the committee (Document #1).

Mr. James W. Ellenbecker, Secretary, Department of Social Services, presented a budget overview for FY2003 assisted by Mike Vogel, Deputy Secretary, Department of Social Services and Darla Blaseg, Director of Management Services in Social Services.

The Department of Social Services aids people to maintain the basic necessities of life. This includes protecting people from physical and mental harm when they cannot protect themselves the helping people attain their highest level of independence.

The FY2003 Governor's total recommended budget is $554,277,504. The funding sources include: the general funds is $164,273,577 which is an increase of $12,215,188, the federal funds is $375,694,740 which a decrease of $1,351,521, and other funds is $14,309,187 which is a decrease of $6,950,710. The FY2003 recommended budget for FTE is 954.5 which is an increase of 12.0

from the FY2002 operating budget.

Mr. Ellenbecker said that there are three things that affect the budget. They are the following: inflation, relationship with the federal government concerning Medicaid funds, and growth in services to clients.

Senator Apa asked if the positions were filled for the FY2002 appropriated FTEs of 942.5. Ms. Blaseg responded that all positions are full with the exception of 1.7 which are advertised. .

Representative Pummel asked about the turnover rate in the department. Mr. Ellenbecker said that it is above 20 percent for caseworkers and 35 percent for social workers.

Representative Burg asked if the department was serving fewer nursing home residents, could DOC adults be placed in nursing homes. Mr. Ellenbecker said that individuals would need to be released from the Department of Corrections, and that his department would be glad to work with the DOC.

Senator Madden asked about the increase in nursing home residents due to the aging baby boomers. Mr. Ellenbecker said that this group will probably utilize assisted living care. Nursing home care would be the last resort for health care.

Senator Putnam asked for clarification of the 2.1 percent and 2.9 percent inflation rates in the Governor's recommended budget. Mr. Ellenbecker said for routine administrative functions, the inflation rate is 2.1 percent for those programs that deal with health care.

Senator Kleven asked about the responsibilities of the FTEs. Mr. Ellenbecker said there is an increase of 20 additional FTEs for the increase in medical assistant caseloads.

SECRETARIAT

The mission of the secretariat is to provide effective delivery of social services in South Dakota by efficiently managing all offices, programs, and activities of the department in cooperation with federal, state, and local government agencies through program coordination and budgetary review; and, to provide the following administrative support services essential to the effective management of the department's programs: legal, statistical analysis, budgetary and financial management, provider reimbursement and audits, and purchasing.

The total Governor's recommended budget is $8,984,771. Funding sources include: the general fund( $3,589,560), federal funds( $5,331,797), and other funds( $63,414). The total FY2003 FTEs is 57.0.

Senator Drake asked why the agency had requested $6,000,000 for computer services. Mr. Ellenbecker replied that the department needs to be in compliance with federal rules dealing with

the privacy of recipients' health information. The federal rules, promulgated by the US Department of Health and Human Services, are authorized by the Health Insurance Portability and Accountability (HIPAA) Act. He is hopeful that with the compliance deadline moved from April,2003 to October ,2003, the agency will be able to cover the costs of planning within the recommended budget. The agency would then request the necessary funds for FY2004.

Representative Clark asked what the $6,000,000 would be for. Mr. Ellenbecker said that it would pay for software and the change to a new system providing new uniform forms.

Senator Apa asked why the department was making the change in computer services. Mr. Ellenbecker responded that the consumers wanted a more uniform system that insured privacy, and Congress is mandating compliance for all health care related entities.

The Governor recommends $5,966,898 for computer services. This includes $2,242,725 from the general fund, $3,668,888 from federal funds, and $55,285 from other funds. This is a decrease of $834,781 (12.3 percent) from FY2002.

PROGRAM MANAGEMENT

The mission of program management is to direct the provision of Social Services through overall supervision of program development, policies and procedures, and budgets; to direct and manage the Medicaid and Temporary Assistance to Needy Families (TANF) eligibility programs; to conduct quality control and quality assurance measures in the TANF, food Stamps, and Medicaid Programs; to provide management information to Department of Social Services' programs based on conclusive field investigations; to direct and manage the education programs for children in the custody of the Department of Social Services; and, to conduct administrative hearings.

Program Management supervises and coordinates policy development and direction in the major program divisions of the department. The total Governor's recommended budget is $8,873,137. The funding sources include: the general fund ( $7,232,997), and federal funds ( $1,640,140). The total FY2003 FTEs is 37.5.

Auxiliary Placement. The Governor recommends $6,755,241 which includes $6,303,363 from the general fund and $451,878 from federal funds. This is an increase of $1,583,092 (30.6 percent) from the FY 2002 budget. The program pays for the tuition and related service costs for children under the care of the state or other approved entities as required by SDCL 13-28-39. The recommendation includes $1,433,462 ($1,391,887 from the general fund) for additional children, from 409 to 466 in FY2003. The recommendation also includes $149,630 ($137,854 from the general fund) for an inflationary increase of 2.9 percent.

Representative Clark asked for information about the education costs of the department. Mr. Ellenbecker said that his department pays the costs incurred at Turning Point, some academies, and

some local school programs.

Senator Drake asked if the students qualify for the average daily membership (ADM). Agency personnel responded that the children qualify for education funding, and the department deducts that amount from any auxillary placement funds. The Department of Education and Cultural Affairs pays for the education first.

Senator Putnam asked if any child was eligible for double dipping. The department agency personnel said, Yes. The department agency said that it is concerned about double dipping. Social Services is working with the Department of Education and Cultural Affairs. The money is compared to see who is paying for what. Every child is cross-referenced. Senator Putnam asked if the department was always one year behind in payments.

Senator Putnam asked about the costs for each of the 85 individuals that are in the custody of DOC. Ms. Randall said that the costs differ for each child. Senator Putnam asked for more information about the 85 students transferred from Plankinton, and how much it costs for each.

Senator Drake asked for additional information on the 85 Plankinton students in local school districts.

Representative Burg asked how the department arrived at the total of 85 Plankinton students. He understood there were 58 students at that training school.

Representative Richter informed the committee that some students were in Plankinton and others were in various correctional facilities to bring the total to 85 students.

Senator Drake asked if the department would clarify in writing the number of students the department has absorbed from the closing of the state training school.

Senator Richter informed the committee that this is a rolling number and that the committee needs to get more information about the location of students.

The mission of economic assistance is to provide financial, medical, food, and energy assistance to eligible South Dakotans to enable them to achieve and maintain a reasonable standard of living compatible with decency and health; and, to administer grant programs for victim assistance and poverty assistance in South Dakota in accordance with applicable federal and state laws.

ECONOMIC ASSISTANCE

The Economic Assistance division provides money, medical, food, and energy assistance to eligible people. The division also administers the Victim Assistance and Poverty Assistance Grant programs.


The Governor's total recommended budget is $33,005,486. The funding sources include:THE general fund is ($8,466,672), federal funds ( $24,240,619), and other funds ( $298,195). The FY2003 total recommended FTE is 31.0.

The TANF (Temporary Assistance for Needy Families) Program helps needy families and children by emphasizing a “work first” philosophy. Welfare reform provisions in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 gave states the flexibility needed to design programs that would help able-bodied parents and their families become self-sufficient. This law also specified federally mandated participation rates and time limited benefits

The Governor recommends $11,016,766 for TANF Grants which includes $5,030,600 from the general fund and $5,986,166 from federal funds. This is a decrease of $1,000,911 (8.3 percent) from FY2002. This is due to a projected growth in caseloads that did not materialize. In FY2001 there were 2,729 cases. The department estimates 2,775 cases in FY2002 and FY2003, an increase of 46 cases. The monthly average payment is expected to be $324.90.

South Dakota's TANF caseload has continued to decline from a caseload of 5,319 cases in December,1996. In December, 2001, there were 2,987 families receiving assistance grants, of which 1,293 cases contained an able-bodied parent who must participate in work program activities. Most of this reduction has come from this portion of the caseload. That portion of the caseload that is “child only cases (cases headed by a non-parent caretaker relative or disabled parent) has not changed significantly.

At the same time, South Dakota has successfully met federally required work participation rates. In FY1997, the federal participation rate requirement started at 25 percent and increased by 5 percent each of the first three years with participation rates of 44.8 percent, 39.2 percent, 45.5 percent respectively. While the participation rates for FY2000 and FY2001 have yet to be released, the department anticipates that South Dakota will once again exceed the federal requirements.

South Dakota families with parent head-of-households may receive cash assistance for their families for no more than 60 months. The first month that counted toward this lifetime limit was December,1996. Because of the success in moving families from the welfare roles through a strong work first philosophy and the added focus on strengthening the family nucleus by helping recipients pursue a high school education, parenting classes, and referrals to partnering agencies, the department expects that less than 20 families will reach their lifetime limits in the next few months. Most of these families have severe health issues that prevent them from entering the workforce. As a result, some qualifying families may be eligible to receive extended benefits beyond the 60-month limit based on hardship criteria that has been established by rule.

Senator Putnam asked if South Dakota received incentives for the TANF program. Mr. Mike Vogel told the committee that there were high incentive bonuses given a few years ago.


Senator Apa asked for a written breakdown of field staff for the TANF program. This would be the number of caseworkers and caseloads.

For the seventh year in a row South Dakota's Food Stamp Program achieved the highest case payment accuracy rate in the nation: 98.82 percent. In recognition of that achievement, the United State Department of Agriculture awarded the department with a $731,693 bonus payment. In total, food stamp staff has brought in over $9,000,000 in bonus payments over the past 17 years. This is a record that no other state has come close to matching.

Senator Apa asked if there were additional staff needed for the debit card program used for the food stamp program. Mr. Ellenbecker said that no extra help was needed, but some are trained.

Electronic Benefits Transfer_Electronic payments: The department continues to expand the use of computer technology to increase administrative efficiency and are working to replace benefit checks and warrants with electronic payments. In April, 2001, DSS Adult Services and Aging (ASA) respite care and homemaker providers began receiving direct deposit. Electronic payments are more efficient, more accountable and less expensive than paper based systems. They offer recipients and service providers an added degree of convenience and security. The department processes approximately 12,5000 direct deposit payments per month to custodial parents, low income heating assistance fuel suppliers, child care assistance providers , assisted living providers, ASA respite care and homemaker providers and optional Supplemental Security Income recipients. This is an increase of almost 3,000 more direct deposit payments per month than what was processed last year. The department will add additional ASA providers to direct deposit in 2002 and will be exploring other DSS programs that may benefit from direct deposit.

Representative Clark expressed a concern with the number of low income families who do not have computers in their homes to take advantage of the electronic benefits transfer. Mr. Ellenbecker said that was a concern, but computers are available in public libraries.

Heating Assistance- applications for the Low Income Energy Assistance Program (LIEAP) are now available on the Internet for applicants to print, complete and mail. To achieve greater efficiency, these transactions will be completed electronically. Approximately 17,000 households apply for heating assistance annually. The program will allow the electronic billing of claims for payment to energy suppliers. A portion of energy assistance funds will be designated to purchase heat meters and demand control devices for the LIEAP clients. This will allow electricity to be purchased at a lower rate and reduce dependency on the program.

The Governor recommends $7,589,680 from federal funds for the Low Income Energy Assistance Program (LIEAP). This is an increase of $2,330,000 (40.2 percent) from FY2002. LIEAP helps pay heating costs by making payments directly to the energy supplier. It can also pay for emergency heating system repairs. The program is designed to supplement payments made by people who would otherwise be unable to pay the full cost of heating their home. The agency estimates 14,800

households will be served in FY2003.

Senator Madden asked how the energy budget was affected by a warm winter season when energy assistance is not needed. Mr. Ellenbecker responded that the funds would be carried over to the next fiscal year.

Representative Clark asked for an explanation on the use and cost of heat meters and demand control devices. Mr. Ellenbecker said that his department would get the information to the committee.

Senator Greenfield asked for the amount in the budget for energy assistance for the current year. Ms. Blaseg said there is $7,600,000 for energy assistance.

Weatherization Assistance Program - replacement of water heaters is being included as an approved weatherization measure because energy used to heat water is exceeded only by the energy used for space heating in most homes. Air conditioners will be installed for individuals with certain medical conditions.

Senator Kleven asked if those people who apply for weatherization assistance are living in apartments. Mr. Vogel said that people who rent may receive assistance within the guidelines. He would accurately describe the guidelines for the committee in writing.

The committee then heard the agency's report of the FY2003 and FY2004 Community Services Block Grant (CSBG). Mr. Mike Vogel presented a summary (Document #3).

The purpose of the Community Services Block Grant is to provide assistance to states and local communities working through a network of community action agencies and other neighborhood- based organizations to (1) reduce of poverty, (2) the revitalize low-income communities, and (3) empower low-income families and individuals in rural and urban areas to become fully self- sufficient, particularly families who are attempting to transition off a state program carried out under Part A of Title IV of the Social Security Act.

Expected funding for the FY2003 Community Services Block Grant are being determined by HHS, Office of Community Services. South Dakota will receive approximately $2,824,693. The funding for FY2004 is expected to be the same as FY2003. The amount available to the Department of Social Services may change slightly due to the amount of CSBG funding that is directly granted1 to Indian tribes. For FY2003, the state will allocate $2,824,693 in CSBG funds. For budgeting purposes, the FY2004 amount is projected to be $2,825,000.

According to the Community Services Block Grant Act, 90 percent of the state's annual
CSBG allotment must be passed through to “eligible entities”. Eligible entities are further defined to be community action agencies or agencies that have a tripartite board consisting of low-income persons democratically elected, public officials, and private sector persons. The state is authorized

a minimum of five percent of the allotment, or $55,000, whichever is greater, for administrative purposes with the remaining funds allotted for discretionary projects or programs determined by the Governor. Based on the expected funding level, the state should have approximately $141,235 available each year for administrative costs and discretionary programs. The four designated community action agencies that receive CSBG funding are private, non-profit agencies. They include: Inter-Lakes Community Action Agency in Madison, Northeast South Dakota Community Action Program in Sisseton, Rural Office of Community Services in Lake Andes, and Western South Dakota Community Action Program in Rapid City.

Representative Richter asked how the department determines the distribution for each community action agency program. Mr. Vogel said it is based upon the estimated number of low income people in the area served by the community action agency.

Representative Klaudt said that the Community Services Block Grant looks like a duplication of services. Volunteer organizations could provide school supplies for needy families.

Ms. Linda Edel, Western South Dakota Community Action Program in Rapid City, informed the committee about various aspects of her community program. She said that programs are based on local needs of individuals and families. The program staff is limited. Food commodity distribution and medical equipment lending, air conditioner distribution, hygiene product distribution, weatherization assistance, and school supplies distribution are program components.

The committee hearing for the Community Services Block Grant ended.

The Joint Appropriations Committee then continued the budget hearing for the Department of Social Services.

Senator Adelstein asked for additional information about the additional money recommended for the department because of the closing of the State Training School in Plankinton.

Representative Richter said that he would work with the Department of Human Services and the Department of Corrections for a one page summary of the numbers generated from the closing of the State Training School.

Senator Adelstein asked if there are different TANF programs for members of the tribal communities. Mr. Ellenbecker said that the program addresses all South Dakota citizens. There are 2,917 TANF cases which includes reservation and non-reservation counties.

Representative Klaudt asked if there is a cost share with the reservations for TANF programs. Mr. Ellenbecker said that if tribes wanted to administer their own programs, they would only receive federal funds. TANF is under review by some of the tribes.


Representative Richter wanted information on money sent to reservations, dollar matches, and the tribal contacts on the reservations. Mr. Ellenbecker said that a lot of money is spent on reservations from the general funds. The tribal personnel varies so the contact pool is not consistent.

Representative Richter discussed inviting tribal representatives to speak to the committee about the reservation's child care services. Mr. Ellenbecker said that the tribal chairperson is the appropriate contact.

Representative Clarence Kooistra presented information in support of the TANF program. He encouraged the committee to consider the reserves to be spent for the South Dakota families at the poverty level.

Reverend Phil Lint, from the Blunt, Harrold, Highmore United Methodist Churches, presented information in support of the TANF program. He said that there are many working people who are struggling financially. There are many children who come alone and with families to the weekly free banquet.

Representative Adelstein asked if Reverend Lint and the community work with their community action program. He encouraged him to start such a program.

Representative Klaudt asked if the banquet was privately funded. Reverend Lint said that it is volunteer based. They use the Southeast Community Center and local churches and civic organizations make donations.

Ms. Cathy Brechtelsbauer, Bread for the World, Sioux Falls presented information on the TANF grant allocation (Documents #4 and #5). She asked the grant inflationary adjustments for TANF payments be increased to average $9.00 per month for each qualifying family.

Senator Drake asked about what programs a family of three could qualify for according to TANF. Ms. Brechtelsbauer said they would get full benefits for food stamps. Senator Drake stated that the family would receive energy assistance and food stamps. The TANF payments are their only cash.

Representative Clark asked about the total cost of inflation for the TANF program. Ms. Brechtelsbauer said the percentage increase is needed to adjust the poverty line and to get federal money that belongs to the children.

Ms. Jeanne Koster, South Dakota Peace and Justice Center, asked for federal funds to be given to children in South Dakota who are living in poverty.

Ms. Susan Randall, South Dakota Coalition for Children, testified that children deserve a cost of living increase.


Mr. Ellenbecker responded to the testimonies and said that there has never been a policy to grant inflationary increase for TANF. South Dakota watches surrounding states as to their increases for TANF. He said that the department has a healthy reserve.

Representative Lange asked about the department's policy to not increase TANF inflationary costs. Mr. Ellenbecker told the committee that the department is in compliance according to the surrounding states. Representative Lange said that we should do better for our South Dakota children.

Representative Klaudt asked about the possibility of increasing wages and not putting the program benefits in jeopardy. He asked if the earnings amount could be increased.

Representative Adelstein asked about the 2,775 TANF recipients per month. Ms. Blaseg told the committee that the state receives $22,000,000 from the federal government. The funds pay for cash assistance, work programs, and child care.

Representative Clark asked about the five year limit for people to use TANF funds. Mr. Ellenbecker said that the Native Americans on the reservations are exempt from the five year limit.

Representative Adelstein asked about the inception of the TANF funds. Mr. Ellenbecker said that the use of program funds has grown every year.

Representative Richter informed the committee of TANF history. Five or six years ago, the Legislature developed a policy which allowed to build a reserve of TANF funds. That reserve now equals approximately $17,000,000.




MOTION:     ADJOURN

Moved by:    Klaudt
Second by:    Sutton
Action:    Prevailed by voice vote.

Carol Carney

____________________________

Committee Secretary
Bob Drake, Chair


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