Saratoga County, NY operates a 277 bed nursing home. Like other county nursing homes, it too loses money. Last night (while Albany was charging ahead on losing more money on a smaller facility), Saratoga County’s leadership headed in a different direction.

From the Saratogian:

Saratoga County Public Health Committee members voted unanimously Monday to hire a consultant to help them decide what to do with the county’s budget-draining nursing home.

Maplewood Manor nursing home has received more than $35 million in county subsidies since 2004 because Medicaid reimbursement rates, its primary source of revenue, haven’t been enough to cover the cost of operating the 277-bed facility.

I quickly pulled these numbers from Saratoga’s from the nursing home sections of Saratoga’s Adopted Budget at http://www.saratogacountyny.gov/upload/2011123013346.pdf and at http://saratogacountyny.gov/upload/2011123013.pdf. I may have missed some elements, but this should give a flavor.

 

Maplewood Manor
2011 Amended
2012 Adopted
Change
Percent Change
Expenditures
$25,901,331
$27,280,761
$1,379,430
5.3%
Revenues
$25,795,313
$27,280,761
$1,485,448
5.8%
Transfer from Genl Fund (County Subsidy)
$5,992,813
$8,701,637
$2,708,824
45.2%
Operating Revenues
$19,802,500
$18,579,124
-$1,223,376
-6.2%

 

Losses as a percentage of expenditures are 31.9 percent. I suspect what really got their attention is that their property tax increase was from $48.9 million to $50.8 million, or 3.7 percent. Without the losses from their nursing home, they would have been able to reduce property taxes by 2.1 percent.

That sort of comparison should be enough to get one’s attention.

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Just to be clear regarding that last post, I think the estimated losses of around $26 million are sound estimates. Lousy process, lousy policy, but sound estimates.

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Feckless

by John W Rodat on March 13, 2012

So now that we’re up to date

A major part of last night’s nursing home debate in the Albany County Legislature was “where did the $26 million figure come from?” That’s the projected annual loss to the County in operating a new nursing home. And members of the Legislature have no idea where the number came from. That’s telling.

The answer is more evidence of why Albany County should not be in the nursing home business and why the Albany County Legislature is incapable of governing a nursing home. Fecklessness.

Here’s where the $26 million number is from that the Legislature is so concerned about.

Them.

The $26 million figure came from the Albany County Legislature’s own consultants, the consultants that the Albany County Legislature had prepare the certificate of need application, estimates which they were briefed on in a Nursing Home Committee meeting and estimates which they then submitted directly to the State Department of Health. Dan McCoy, then the Chairman of the County Legislature and now County Executive bypassed the then County Executive (County Charter issues notwithstanding) signed the certificate of need application. That certificate of need application included the financial estimates that now has the Legislature so baffled.

Using their own Nursing Home Committee, chaired by Gary Domalewicz, the Albany County Legislature went through the following process:

  • Hired their own architect and gave him instructions to design the “best of everything” and to take lead responsibility for preparing the CON application.
  • The architect, hired two reputable consultants who were present at all the Nursing Home Committee meetings during which the architect and they presented designs and CON paperwork, including the estimated losses of $26.2 million.
  • With very little discussion and only the briefest of presentations of the plans (lots of oohs and ahhs at the pretty pictures though) and only a brief and impatient review of the financials, the Nursing Home Committee signed off on the design and the CON application. Domalewicz then said something to the effect that he didn’t believe the numbers and that they could change them later. Well that says three things. First, it says that a public official, the Committee Chairman signed off on official documents that he did not believe, but which he supported sending to the State. Second, it says that neither he nor the others who echo his disbelief understand how nursing homes really operate and how the physical layout can influence staffing needs and costs. (Once the building is built, the required staffing patterns are baked into the operation.) But third, the casual off-hand nature of that particular discussion and the entire process shows how truly unserious, even offhand the proponents of a new nursing home are. They commissioned an external design and analysis, shrugged off the results, and then when the results were questioned, they can’t even remember where they came from.
  • Despite some misgivings McCoy mentioned at the Nursing Home Committee meeting he signed the application sent it directly to SDOH.
  • The then County Executive, Mike Breslin, only found out about the submission of the certificate of need after the fact.
  • On December 6, 2010, the Legislature introduced and passed Resolution 454, indicating that “Albany County has done preliminary studies regarding the building of a new Albany County Nursing Home,” and endorsing the CON submission.

And just for good measure, the same financial consultants had already done earlier estimates for the Legislature. Legislative leadership didn’t like them, presumably because they were so high. So they hired still another consultant, who came up with similar numbers. So for whatever reason, they went back to the original consultant. Kind of need a scorecard here to keep track of all the consultants, huh? The key point is that all of the the Legislature’s consultants all had estimates in the same general range – losses in the mid – $20 million range. This doesn’t even take into account the consultants the County Comptroller brought in from Illinois.

From the Times Union story about last night’s meeting:

But some lawmakers attacked the state’s figures, saying they were derived from an application submitted to the Department of Health by former County Executive Michael Breslin, whose administration repeatedly argued to instead shut the Albany Shaker Road facility down. “I never believed one second that it was the truth,” Majority Leader Frank Commisso said of the estimated loss.

No, Mr. Commisso, though they’re in the same range to be sure, those were not Mr. Breslin’s numbers and it wasn’t his CON application. He didn’t even know it had been submitted. Those are yours. Your consultants. Your design. Your application. Your numbers. You were in the room.

Again from the Times Union story:

Legislator Gary Domalewicz, chairman of the legislature’s Nursing Home Facilities Committee and a fellow Albany Democrat, echoed Commisso’s skepticism, citing conflicting reports about what the current losses there are. “I don’t know what the real number is,” Domalewicz said. “I know one thing; it’s not going to be $26 million. That’s unbelievable.”

No, Mr. Domalewicz, if those numbers are “unbelievable,” why did you and your Committee sign off on them and support forwarding them to the State Health Department?

And again from the Times Union story:

Even some supporters of the plan said lawmakers need to do a better job of pinning down the actual costs before going ahead with construction. Loudonville Democrat Phillip Steck said conflicting figures about the current losses beg further study. “We really need to be able to say to the residents of Albany County, we’ve studied this, we know it’s not going to be $26 million, and here’s why,” Steck said.

No, Mr. Steck, you don’t need another study. There have already been four and they all come up with numbers in the mid-$20 million loss range. The two most recent studies were commissioned by the County Legislature and the $26.2 million loss projection was not only commissioned and overseen by the Legislature, it was included in the certificate of need application that the Legislature sent to the State Department of Health. Can you spell really big tax increase for Colonie’s property owners? That’s what you’ve bought, along with multiple studies that you and your colleagues have ignored because you don’t like or didn’t pay attention to the results.

And just to be non-partisan about it, also from the Times Union story:

While Minority Leader Christine Benedict has said she doesn’t favor closing the facility, she said she cannot vote in favor of building a new one until she sees numbers that she believes are more concrete.

No, Ms. Benedict: the numbers are concrete. There have now been four different organizations, three of them from outside County government, and two hired by the Legislature that have all come to essentially the same conclusion. Sure, there are differences in detail, but the essentials are the same. This is a big money loser now, it’s going to get even bigger, and it’s going to get much bigger if you build a new one, and it’s going to get bigger still if you build this new one.

So the Legislature hires multiple consultants who come up with the same mind-boggling estimates and they ignore them or deny them until they’re embarrassed about the numbers in public. They try to pin them on someone else, or they engage in denial, or they can’t even imagine where the estimates came from.

Albany County clearly does not meet the Public Health Law certificate of need standard of “financial feasibility.” Increasingly, it appears that they do not meet the Public Health Law certificate of need standard of “competence” either.

Feckless.

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Where, oh where to start on the latest round regarding a new Albany County Nursing Home? There are so many possibilities.

Before getting into the very latest, let’s start by bringing those just joining us up to date.

For the new folks, here’s the story so far. Albany County submitted a certificate of need application to build a new nursing home. As part of the application, the County estimated that the new facility would cost a bit over $50 million per year to run, but that it would generate only $24 million per year in revenue leading to an annual loss of $26 million or 52 percent. Yes, you read that correctly.

This past November, the State Public Health and Health Planning Council, which advises the Department of Health on such issues, asked Albany County a gracefully worded, “don’t you want to reconsider due to a new nursing home payment calculation methodology?” Since that $26 million loss has to be made up from local taxes, most likely property taxes, they were really asking a more pointed question, namely “really?” You really want to increase property taxes that much in the face of a two percent property tax cap?

The Albany County Legislature promptly and without waiting for calculations of the effects of the new payment method responded by passing a resolution that said “yes, we really, really want to spend all that money on 200 inpatients and 30 day patients and we don’t care what the effect is on property taxes. or we’ll keep taxes down and reduce all the other services the County provides.” (Again for the new folks here, I’m paraphrasing with just a bit of sarcasm. But that truly is the meaning of what they said.)

And the State Department of Health, presumably still not believing what they’re hearing and seeing, asked again: NursingHomeLetter-DOH.pdf. This time, they did the County’s work and adjusted the County’s own figures for the new payment method and they asked it in letter form.

And last night, the Albany County Legislature did it again. They said, said “yes, we really, really want to spend all that money on 200 or so people and we don’t care what the effect is on property taxes.”

But the County Legislature also confused us a bit because at the same time, they doubled down by saying they don’t want to “privatize,” i.e., sell the facility, they also heard some doubts, even from folks who voted “yes.”

Next up is whether the new County Executive, Dan McCoy will sign the resolution that passed last night.

And then on to the State Public Health and Health Planning Council.

So that brings us more or less up to date.

But nothing is ever simple in Albany County. We’ll discuss last night’s meeting shortly.

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Franklin County is moving ahead with turning its Nursing Home over to a local hospital.

From the Adirondack Daily Enterprise:

Alice Hyde’s nursing home now has 75 beds and the county nursing home has 80. The new facility would have 135 regular beds plus space for 30 assisted-living residents, who don’t need as much care as residents of a regular nursing home.

The project was awarded two state Health Care Efficiency and Affordability Law grants, one for $2.9 million and one for $6.4 million, plus the county will contribute $1 million a year for the first 10 years.

Indeed over a number of years, the County will be paying the hospital to take over the Nursing Home, but the County determined several years ago that it would still come out ahead.

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Suffolk County Deficit

by John W Rodat on March 6, 2012

Most of this story is behind the Newsday pay wall, but the headline is noteworthy.

Suffolk County closed 2011 with a $33 million budget gap — believed to be its first year-end deficit in 20 years, officials said Monday.

I’ll have to go poke around to see what $33 million is as a percentage.

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In Today’s New York Times, Paul Krugman writes States of Depression. In discussing the sluggish economic recovery, he says:

But one significant factor in our continuing economic weakness is the fact that government in America is doing exactly what both theory and history say it shouldn’t: slashing spending in the face of a depressed economy.

In fact, if it weren’t for this destructive fiscal austerity, our unemployment rate would almost certainly be lower now than it was at a comparable stage of the “Morning in America” recovery during the Reagan era.

Notice that I said “government in America,” not “the federal government.” The federal government has been pursuing what amount to contractionary policies as the last vestiges of the Obama stimulus fade out, but the big cuts have come at the state and local level. These state and local cuts have led to a sharp fall in both government employment and government spending on goods and services, exerting a powerful drag on the economy as a whole.
One way to dramatize just how severe our de facto austerity has been is to compare government employment and spending during the Obama-era economic expansion, which began in June 2009, with their tracks during the Reagan-era expansion, which began in November 1982.

Start with government employment (which is mainly at the state and local level, with about half the jobs in education). By this stage in the Reagan recovery, government employment had risen by 3.1 percent; this time around, it’s down by 2.7 percent.

Next, look at government purchases of goods and services (as distinct from transfers to individuals, like unemployment benefits). Adjusted for inflation, by this stage of the Reagan recovery, such purchases had risen by 11.6 percent; this time, they’re down by 2.6 percent.

And the gap persists even when you do include transfers, some of which have stayed high precisely because unemployment is still so high. Adjusted for inflation, Reagan-era spending rose 10.2 percent in the first 10 quarters of recovery, Obama-era spending only 2.6 percent.

From a macroeconomic perspective, he’s correct. But, except for saying the “fiscal straits of lower-level governments could and should have been alleviated by aid from Washington, which remains able to borrow at incredibly low interest rates. But this aid was never provided on a remotely adequate scale,” he does not address the logic, even the imperative, of local government decision-making.

My own experience is nothing more than my own experience, but perhaps it’s instructive. While working on budgetary and cash management issues in a county with a half-billion dollar budget, we did use the recession to do some overdue culling, but that was minor. Much more important were the cutbacks and depletions of reserves because our revenues tanked, while our safety net expenditures went up.

Foremost, our county is very much dependent on sales tax revenue. Of course, that revenue plummeted during the recession. Here’s just one of several dismal quarterly reports we produced on sales tax revenues. The key points were:

  • Third quarter decline nearly $5.1 million (-13.6 percent) from 2008.
  • First three quarters of 2009 down nearly $9.5 million from 2008 (-8.75 percent).
  • First time in 15 years that there have been four consecutive quarterly declines in receipts.
  • 2009 Budget shortfall from sales tax alone will be $15.1 million if trend continues.

Second, our county is dependent on State and Federal aid tied to programs they expect (or require) the county to operate.

I might say the American Recovery and Reinvestment Act of 2009 (ARRA) helped. Because counties share in Medicaid costs in New York and because, the ARRA leveraged existing programs to speed fund flows, we benefited from an ARRA offset to some budgeted Medicaid costs. But it would be more accurate to say that absent the ARRA, the results in our sample county would have been catastrophic.

But formulas aside, the cash slowed. New York, suffering from its own revenue shortfalls, delayed payments to counties and I presume other municipalities. There were weeks during which one of our most important meetings was to review, one-by-one, which checks we would send out and which we would not.

Could we have increased property taxes even more than we did? Legally, of course. But at the local level, it would likely have been more-or-less economically neutral. And it certainly would have been politically disastrous. It’s unreasonable to burden with higher property taxes a public which is struggling financially itself.

Krugman is right that responsibility belongs with the Federal Government on this. Of course, the President couldn’t have done more without Congressional support. That was hard enough to get a couple of years ago in the worst of the recession. Today’s Congress is at best passive on these issues and, at worst, rapidly opposed.

So Krugman is right on the economics and right on the locus of responsibility, but he downplayed that and I’m guessing underestimates the challenge that local governments still face today and the sheer financial terror that many have faced the past couple years.

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Dan McCoy, Albany’s new County Executive will present his first State-of-the-County address this evening, March 5, 2012.

What’s he going to say?

Here’s my first prediction.

Dan McCoy is going to call for selling the Albany County Nursing Home. Why, after building his political coalition among legislators and others, who overwhelmingly wanted to stay in the Nursing Home business, and indeed, build a new, expensive facility, would McCoy turn so abruptly and so quickly?

Reality intrudes.

McCoy knows that he’s got no financial flexibility and no political ability to dramatically reduce the cost of operating the current facility, much less a new one. To proceed means nothing but large tax increases or at least very high risks of high tax increases.

McCoy is savvy enough to know that if he’s going to do this, he’ll be far better off doing it early in his term. Get the pain out of the way. He also knows it takes time to implement.

McCoy, then the Chairman of the County Legislature, made a related threat this past fall, saying that if the Legislature did not override the tax cap, they would be forced to close the Nursing Home. They did the override. In private though, McCoy also warned that failure to enact his predecessor’s 19.2 percent property tax increase would also force action on the Nursing Home. That, the Legislature did not do, coming in at 8.7 percent, and even that based on some pretty optimistic budget assumptions.

Reality may be intruding among those who have a more direct interest as well. If you think that ultimately the risks that New York State will reject the Certificate-of-Need application to build a new facility, you know that legally the County can continue operating its Nursing Home, but that it’s dead-ended. It’s an old, tired facility. Operations might continue for a few years, but not indefinitely. So the best outlet, even for employees, is sale.

Oh, McCoy will offer other options, such as hiring outside management, but when push comes to shove, that will cost more and so that option will offer no more than a short-term transition.

McCoy is also savvy enough to require that any sale be to a reputable operator that has a track record of working in a unionized environment and which commits to being at least neutral on unionization issues. This requirement will exclude all but one local operator.

And here’s an alternative prediction. If McCoy does not push for a sale, or if he does and fails, then Albany County, already close to a financial precipice, will tip over. You’ll see a string of very large property tax increases, reductions in credit ratings, and potentially even imposition of a financial control board. Just this past week, the New York Times covered municipalities, and the State itself, borrowing from the State Retirement System … to pay the State Retirement System. Note Albany County’s high position among those that borrowed the most. We’ll write more about this later. There were at least some good reasons for this decision. (Full disclosure. I was very much part of one such decision.) But make no mistake. It is an indicator of Albany County’s mostly self-induced fragile financial condition.

So McCoy has to face up to one backlash or another: either the Nursing Home or financial peril.

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Tomorrow night’s the Oscar awards ceremony and I have a favorite. We’re movie goers and usually analyze them pretty carefully.

Well, even if I didn’t think it was a good movie, Moneyball would be my sentimental favorite. Fortunately, it is a good movie. But I owe them. Here’s why.

Michael Lewis has been a favorite writer for years. So when Moneyball was published, I read it and embraced it immediately.

Moneyball led to what was probably the shortest speech I ever gave, one which saved me from potential embarrassment. In 2003, the then New York State Senate Majority Leader, Joe Bruno, created a Medicaid Task Force. The Task Force was co-chaired by Senator Kemp Hannon and then Senator Ray Meier. Hannon’s assistant called and said that the co-chairmen wanted me at the first meeting. I was quite pleased, but asked what they wanted me to do. She said that Senator Hannon would call.

When he did call, Senator Hannon said that the first meeting was just an organizing meeting and not to worry about any kind of preparation. So I blithely showed up prepared to listen and do nothing else. There were perhaps 60 people in the room, only four of whom were not either Senators or Senate staff. There were two from the Association of Counties (NYSAC), Jim Tallon, the head of the United Hospital Fund (a colleague and friend of many years and my former boss) and myself.

Imagine my absolute terror when Senator Hannon opened the meeting by saying that the folks from NYSAC would begin by talking about the financial drain that Medicaid put on New York’s counties. Then Jim Tallon would spend about an hour doing his classic “Medicaid 101” presentation. And then I would tell them what they ought to do.

Got that? With no advance notice and no preparation, I was going to tell the key representatives of the New York State Senate how they should reform Medicaid. It was an middle school nightmare.

Well, it’s not that I hadn’t spent years working on Medicaid, and it’s not that I couldn’t wing it. And it’s not that I’m not arrogant. But while the others were speaking (complete with Powerpoint presentations), I was scribbling an outline of notes so I could do it off the cuff. And I was nervous as hell.

Then one of the Senators asked what had already become a classical question in New York: how does California’s Medicaid program serve many more people for far less money? Tallon, knew how annoying I found that question because the California covered many services outside of Medicaid that New York includes in Medicaid, making it an apples/oranges comparison. But as he was just wrapping up his presentation, he got this mischievous grin, looked straight across the table at me, and said, “well John knows a lot about California and Medicaid, perhaps he’ll answer the question.” In doing so, he, Billy Beane, and Michael Lewis saved me.

Having just finished Moneyball and wanting to use its lessons in an upcoming training session I was to teach, I had just finished these graphics. They happened to be in my bag so that I could show them to a client later in the day.

The first graphic shows the relationship between total payroll for all Major League Baseball teams and the percentage of games they won in 2002. It’s immediately evident that there’s a positive relationship between having more money to pay players and percentage of games won. It’s also evident that there was one outlier, the Oakland Athletics, whose General Manager was Billy Beane.

Moneyball 1.png

The second graphic shows cost per game won. It’s pretty obvious who won and who lost that contest.

Moneyball 2.png

The Task Force took a short break before my presentation and I ran screaming to Senator Hannon’s Chief of Staff, “your boss, whom I love, has put me in a real bind. I need a copy of both of these graphics for everyone in the room.” She grinned, said, “oh yeah, he does that all the time” and she took the pages for copying.

When we reconvened, I distributed these two graphics and began my remarks. Looking back at my mischievous friend across the table I said, “yes I do want to talk about California, but not in quite the way you might think. I want to talk about baseball. (Cue stirring in the room.) We all know that more money buys better players. But how do we explain Oakland, which has the smallest payroll in Major League Baseball?” I told them about Moneyball, about Billy Beane and most importantly, that Oakland uses the damn data but that we did not use the Medicaid data to figure out what works and what does not. Equally important, we didn’t even have a measurement equivalent to “games won.”

I then pointed to Senator Hannon, Senator Meier, and said, “you two need to become the Billy Beanes of Medicaid.” Then I sat down.

It was hard to tell who was more shocked, the folks in the room who knew me and thought I’d lost my mind or those that didn’t and thought Hannon and Meier had lost their minds for inviting me.

But then a Senator asked, “well won’t it be expensive to gather all those data?” Trying not to be too obnoxious, I reminded him and the room that we already had the data and that we spent over $50 million a year to get it because every time we paid for a Medicaid service we collected reams of data such as patient, provider, service, diagnosis and so on. However, while we had the data, we didn’t use it to make policy or operational decisions.

One of the side benefits of this little show was I learned immediately who in the audience had been a baseball geek growing up. Because they all got it, got it immediately and said so.

Well, I actually think it made a difference. Both the Majority and Minority report of the Task Force addressed the issue. The word got around. Later than year, the New York Post published on op-ed I wrote, Medicaid and Moneyball as Published.pdf. Much of the change was inevitable, but I like to think that I stirred the pot.

But Medicaid aside, on that day in 2003, Billy Beane, Michael Lewis and Moneyball saved me from looking unprepared. Tomorrow night, I hope the Academy rewards them.

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From a while back, but evidently still reality:

From one county to another, from one community to the next, there are substantial variations in per capita spending on Medicaid patients. This geographic variation in Medicaid spending offers us a substantial opportunity to identify opportunities to control spending while doing minimal harm or even by improving care for low income patients.

Many assume that a uniform Medicaid policy necessarily generates uniform results. It doesn’t.

I wrote that in 2003. For the rest of it, read geography_of_medicaid_spending.pdf.

There’s more, but I’ll post that later.

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