S.C. Legislative Report with Rep. Mike Burns: At last!

By S.C. District 17 Representative Mike Burns:

Led by Republicans, the SC House ushered through sweeping government reforms last week intended to balance the power between the Governor and the legislature, making our Governor a 'Chief Executive Officer' and bringing more accountability to state government. This is the fifth time in six years that the House has approved similar legislation. Last year, it died in the final hour of a Senate filibuster.

DOA: At issue is the proposed Department of Administration (DOA). Currently, SC is the only state that operates with a "Budget & Control Board" – a strange hybrid of the legislative and executive branches that essentially controls most major functions of our state government.

This year, the House worked with the Senate to approve substantively similar versions of the legislation that moves human resources, information technology and administration of the state's physical plant and vehicles under the control of the governor. This plan moves nearly 90 percent of the old Budget & Control Board's functions to the governor's cabinet, where these basic administrative functions belong. This move will make state government more accountable and make our Governor a true chief executive. Above all, no matter who lives at the governor's mansion, it is the right thing to do.

One small vestige of the old Budget & Control Board will live on. The new State Contracts and Accountability Authority will continue to oversee the state auditor, bonding authority, insurance services and annual retirement assumptions. We had to keep this separate because of concerns about how putting all of that under the control of the governor might threaten our state's AAA credit rating.

Our state government can be a cumbersome and unwieldy entity at times, with our Governor overseeing a few things, the General Assembly overseeing others and the Budget & Control Board overseeing even more. As a conservative, I fundamentally favor smaller, more streamlined government. That desire is at the heart of this legislation.

Budget Week(s) in the Senate: The SC Senate spent the week debating the 2013-14 state budget the House sent them in March. Much discussion has focused on funding highway improvements. There are nearly as many ways to pay for roads as there are factions in the Senate.

Fixing Our Roads Could Save You $$$:

According to the SC Alliance to Fix Our Roads, SC drivers pay less than $10 a month in fees to use our highways. According to the Federal Highway Administration, each dollar spent on road improvements results in an average benefit of $5.20 in reduced vehicle maintenance costs, reduced delays, reduced fuel consumption, improved safety, reduced road and bridge maintenance costs and reduced emissions.

The UNaffortable Care Act: State Senators will also be debating the potential expansion of Medicaid under ObamaCare. The House has already voted not to expand Medcaid. In the partisan argument to take advantage of what some believe is 'easy money' from the feds, it's vital to consider the facts. The Palmetto Policy Forum has issued a report.

Potential Medicaid Solution: Health policy in South Carolina and in most other states is highly controversial and difficult to navigate. One group demands the state extend free medical coverage to hundreds of thousands of people via a very expensive expansion of Medicaid. Opponents recognize that the expansion proposed under ObamaCare is unaffordable. That's the goal of the recently-filed bill, H.4095. Like any legislation, it will be hotly debated and come under tough scrutiny. That's good because the legislative process sorts out critical issues. Activists have already lashed out against the initiative. However, saying "NO" to everything is not an answer. We must be pro-active to manage, improve, yet contain Medicaid costs.

I'm not an health care expert, but I am willing to hear from experts – both supporters and opponents of this bill. The ultimate goal is to craft legislation that best serves the people of SC that is affordable in both the short term and long term. That's the legislative process. H.4095 is not perfect and it is expected to morph into something beneficial and cost effective while improving our Medicaid system. If it doesn't, I'll oppose it. We are only at the starting gate; this discussion will continue into 2014.

Medical Help for Students: 'Epi' pens will soon be common place in SC public schools. The injectors deliver a dose of epinephrine (also known as adrenaline) to be administered when students have a severe allergic reaction. The House approved the bill with Senate amendments. It goes to the Governor for her signature.

Miscellaneous:

Last week was a busy week, and it was been my privilege to participate in two events here at home.

On Thursday night, my wife, Anne, and I attended the Greenville County Schools 2013 Salute to Education Celebration at the TD Bank Center. Dale Gilbert did an excellent job as emcee in recognizing outstanding Staff and High School Seniors. We are proud to salute these from our area: Amy Clark (Gateway Elementary), SC Social Studies Teacher of the Year; Beverly Wilbanks (Blue Ridge Middle), National Outstanding Career Development Facilitator; Tracy Jackson, Blue Ridge High School’s Teacher of the Year; Cyndi Brown, Blue Ridge Middle’s Teacher of the Year; Angel McCray, Mountain View Elementary’s Teacher of the Year; Glenn Roberts, Slater-Marietta’s Teacher of the Year; Joanne Hogeboom, Gateway Elementary’s Teacher of the Year; Jennifer Barlett, Tigerville Elementary’s Teacher of the Year; Brittany Kingsbury, Heritage Elementary’s Teacher of the Year; Susanne Lafaye, Travelers Rest High’s Teacher of the Year; and Kathi Christy, Northwest Middle’s Teacher of the Year.

Also recognized were outstanding high school seniors: Travelers Rest High School's Kayla Michelle Wiles (Valedictorian), Matthew Christian Hice and Logan Daniel Williams as well as Blue Ridge High School's Warren Ward Metcalf (Valedictorian), Katelyn Augusta Herman, and Aaron Matthew Anderson.

On Friday at Jones Gap State Park, I participated in the opening of the Middle Saluda Passage Hiking Trail. The trail connects to the Palmetto Trail, which runs throughout the state.

The week brought to a close my visits to all nine schools in the area. It has been great to meet every principal and many of the students. I am very impressed with all I’ve experienced over the last month and appreciate the wonderful reception afforded me at each school.

Thank you for the privilege of serving you in Columbia. If I can ever be of assistance, or if you have ideas on issues you want me to share with the rest of the General Assembly, please don’t hesitate to contact me here.

Shaw on the Law: VA benefits for long-term care of veterans, surviving spouses

By Steve Shaw, Contributing Columnist:

Many wartime veterans and their surviving spouses are currently receiving long-term care or will need some type of long-term care in the near future. The Veterans Administration has funds that are available to help pay for this care, yet many families are not even aware that these benefits exist.

Pension with Aid and Attendance pays the highest amount and benefits a veteran or surviving spouse who requires assistance in activities of daily living (dressing, undressing, eating, toileting, etc.), is blind, or is a patient in a nursing home. Assisted care in an assisted living facility also qualifies.

Pension with Housebound Allowance is for those who need regular assistance but would not meet the more stringent requirements for Aid and Attendance, and wish to remain in their own home or the home of a family member. Care can be provided by family members or outside caregiver agencies.

Basic Pension is for veterans and surviving spouses who are age 65 or older or are disabled, and who have limited income and assets.

Qualifying for Benefits

A veteran does not need to have service-related injuries to qualify for these pension benefits, but must meet certain wartime service and discharge requirements. A surviving spouse must also meet marriage requirements to the qualified veteran. Certain requirements must be met for a disability claim if the claimant (the veteran or surviving spouse filing for benefits) is less than age 65.

When determining eligibility, the VA looks at a claimant’s total net worth, life expectancy, income and medical expenses. A married veteran and spouse should have no more than $80,000 in “countable assets,” which includes retirement assets but does not include a home and vehicle. This amount is a guideline and not a rule.

Income for VA Purposes (called IVAP) must be less than the benefit for which the claimant is applying. IVAP is calculated by subtracting “countable medical expenses” (recurring out-of-pocket medical expenses that can be expected to continue through the claimant’s lifetime) from the claimant’s gross income from all sources.

Note: It is possible to reduce assets and income to a level that will be acceptable to the VA. For example, excess liquid assets (such as cash or stocks) could be converted to an income stream through the use of an annuity or promissory note. However, because the claimant may need to qualify for Medicaid in the future, it is critical that any restructuring or gifting of assets be done in a way that will not jeopardize or delay Medicaid benefits. An attorney who has experience with elder law will be able to provide valuable assistance with this.

Applying for Benefits

It often takes the VA more than a year to make a decision, but once approved, benefits are paid retroactively to the month after the application is submitted. Having proper documentation (discharge papers, medical evidence, proof of medical expenses, death certificate, marriage certificate and a properly completed application) when the application is submitted can greatly reduce the processing time.

Because time is critical for these aging veterans and their surviving spouses, application should be made as soon as possible. For more information, visit http://www.va.gov.

Related on the Tribune:

Shaw on the Law: Will I keep my home if my spouse dies?

Shaw on the Law: Should I disinherit a child?

Shaw on the Law: Estate planning for young families

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Steve Shaw is an attorney with offices in Travelers Rest, SC, and Silver Springs, FL. He specializes in estate planning, accidents, gun law and land use issues. Learn more at his website here or call 864-834.4404.