Chair Michael J. Pepe has called a meeting of the Education/Government Committee for 6:05 p.m. on Tuesday, February 21, 2023 in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, New York 12068.  

This meeting is in person, however, members of the public may participate by calling 1-408-650-3123, Access Code: 155-310-141. Minutes of the meeting will be transcribed and later posted on the Montgomery County website at www.co.montgomery.ny.us

Items on the agenda, at this time, are as follows:

1.   DISCUSSION

  A.  Privilege of Committee Chair, Committee Members & Legislators to discuss items of interest, etc., regarding departments governed by this Committee

2. RESOLUTION CALLING ON THE STATE OF NEW YORK TO CONTINUE TO PASS-THRU FEDERAL AFFORDABLE CARE ACT ENHANCED FEDERAL MEDICAID ASSISTANCE PERCENTAGE FUNDS  (COUNTY LEGISLATURE) 

3.  OTHER

RESOLUTION NO. 70 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, the SFY 2024 State Budget proposal would end the Affordable Care Act (ACA) enhanced Federal Medical Assistance Percentage (eFMAP) federal pass-thru to counties and New York City; and 

WHEREAS, the State is proposing to keep all of these federal savings going forward and use them to cover further expansions of Medicaid eligibility and benefits and to increase payments to health care providers; and

WHEREAS, the elimination of this ACA eFMAP federal pass-thru will require the 57 counties to spend at least $280 million more in SFY 2024, and approximately $1 billion when New York City is included; and 

WHEREAS,  it is projected that this will cost Montgomery County $1, 549,349 a year; and 

WHEREAS, the SFY 2024 costs to counties and New York City are scheduled to grow by 30 percent by SFY 2027; and 

WHEREAS, it is the strong view of Montgomer County that congress intended these federal savings to be shared with counties proportional to the amount they contributed toward the nonfederal Medicaid match; and 

WHEREAS, since 2003, the state has shared the funds proportionally based on our analysis of savings we have received during periods when an enhanced federal Medicaid match was enacted by Congress; and  

WHEREAS, enacted in 2011, the Medicaid statutory cap for all 62 counties is $7.6 billion. The Medicaid statutory cap for the 57 counties outside of New York City is $2.25 billion.; and 

WHEREAS, starting in SFY 2014, New York began sharing these federal ACA savings directly with counties. The savings for a year were provided by lowering the weekly payments each county and NYC make to the state to support the State’s Medicaid program. Through February 1, 2023, the state continues to share the federal savings from the ACA eFMAP with the 57 counties and NYC; and 

WHEREAS, Montgomery County strongly disagrees with the need to cut county funding so deeply when the Governor’s budget proposes to fully fund its own reserves two years ahead of schedule de depositing $5.4 billion into reserves before the end of SFY 2023, while also projecting a general fund surplus of $35 billion by the end of SFY 2024; and

WHEREAS, Montgomery County has relied upon this pass-thru in making budgetary and funding decisions; and

WHEREAS, the tax cap imposed by New York State makes it an even greater fiscal burden be placed on Montgomery County as the county will be forced to cut services in other areas to remain below the tax cap; and

NOW, THEREFORE, BE IT RESOLVED, that Montgomery County calls on the State to continue to share these federal funds with counties as has been the precedent for over 20 years; and 

BE IT FURTHER RESOLVED, that the Clerk of the Legislature is directed to  forward copies of this resolution to the Governor of the State of New York,  Senator Neil Breslin, Assembleyman Angelo Santabarbara, Assembleyman Bob Smullen and all others deemed necessary and proper. 

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact: