Committee rejects bill to remove in‑home personal care from certificate‑of‑need by division vote

A Senate committee voted down a bill that would have removed in‑home personal care and certain intellectual‑disability services from the state's certificate‑of‑need (CON) review process.

The measure, described by committee counsel as exempting personal care and intellectual‑disability waiver services from CON regardless of capital cost, drew sharply different views at the hearing. Gallagher, introduced to the committee as chairman of health, said sponsors want to reduce regulatory barriers and expand provider choice across the state, noting lengthy CON proceedings for some applicants. "It took 2 and a half years as I was appealed and about a $150,000 in legal fees as well, to not provide services," Gallagher said, arguing the change would let small providers enter the market more quickly.

County aging providers opposed the bill on budgetary grounds. Jenny Sutherland, executive director of the Putnam County Aging Program, told the committee that her organization relies on revenues tied to Medicaid personal‑care CON activity to subsidize senior programs. "I get $7 for every meal that we serve in the senior center. If I deliver that meal to your house, I get $7.50," Sutherland said, explaining that those reimbursements and CON‑related revenues help fund meal delivery, transportation and other underfunded services.

After discussion, the vice chair moved that the committee report the bill to the full Senate with a recommendation that it pass. The motion failed on a division vote, recorded as 3 in favor and 9 opposed.

Next steps: Because the motion to report failed in committee on a division, the bill will not be advanced from this committee at this time. The committee record shows the failed division vote as the final disposition of the item at this meeting.