Gov. Paul LePage’s approach to MaineCare funding is incorrect. It follows that his solution is incorrect. He looks at average state spending in the U.S. on Medicaid and which programs are provided. He believes that Maine should not do more than the average state. This approach may be appropriate if we are establishing pollution control standards, or determining the level of a sales or income tax. In those areas, Maine does not need to lead the nation. Being near the national average is acceptable.

But this approach does not work when we budget for unique and essential services. Medicaid budgets are a perfect example.

To begin with, Maine’s population is the oldest in the nation — not merely aging, certainly not average age, but the oldest in the nation. Older people are generally poorer, less well — they have greater health care and life support needs that must be met.

And, we are also a relatively poor state (Maine ranks 35th in per capita income). This too adds to Medicaid spending needs — poor families, poor health. And finally, between our elderly and our poor, disability levels are higher in Maine than they are in the average state.

The governor would have us ignore these realities. He would have us spend no more than states with average age populations — states with average poverty and disability levels. But our Medicaid problems are greater than those in the average state. Unless we are prepared to ignore the real needs of thousands of Maine people, it follows that Maine’s Medicaid budget cannot be measured by what is being done in the average state. It must be measured by our circumstances, our unique needs.

In shaping his Medicaid budget, the governor raises the bogeyman of welfare fraud; he asserts that vast numbers of people travel to Maine to benefit from our Medicaid programs. But no evidence supports the latter assertion, and though some welfare fraud exists, the data indicates that it accounts for only a small part of Maine’s Medicaid budget. It does not justify the cuts being proposed.

The governor’s approach to Medicaid budgeting also fails to acknowledge that we get extraordinary value for every Maine tax dollar spent. Though federal matching commitments vary for different Medicaid programs, on average, Maine receives $1.70 in federal funds for every Maine tax dollar committed to Medicaid. Put another way, Maine taxpayers put up only 37 cents of every Medicaid dollar spent — the feds put up the remaining 63 cents.

In short, we cannot be guided by averages, by what other states are doing in fashioning their Medicaid budgets — these states are not standing in our shoes. Our Medicaid budget must reflect the fact that we have more elderly, more poor, more disabled individuals than almost any other state. The federal government will help, but we must also help ourselves.

Of course, we must cut fraud and waste where we find it, but the draconian cuts the governor proposes — $220 million over the next two years, 65,000 people cut immediately from MaineCare rolls — is unfair, economically unsound (it foregoes millions of federal dollars that Maine people are entitled to) and unnecessary. Notwithstanding the governor’s reluctance to examine them, there are alternative funding sources available.

For example, Medicaid’s budgetary needs could be met by postponing for a period of time recently enacted tax cuts (which disproportionately benefit the wealthy); reducing or eliminating tax expenditures that primarily benefit large and wealthy corporations (TIF and BETR outlays); raising meal and accommodation taxes to the national average (this merely asks summer visitors to pay a fair share of costs they give rise to); and narrowing sales tax exemptions and/or allowing the tax to reach a wider range of services (Maine’s present sales tax base is one of the narrowest in the nation).

Also, at the very least, Medicaid funding needs could be met by spreading the cost over the entire state budget (this would reduce the budget of all agencies only slightly).

The governor’s approach demeans us as a people. Those being served are not strangers. They are our elderly, our poor, our disabled, our parents, brothers, sisters, children and neighbors. They need and deserve a more reasonable, a more humane, approach than the governor is advocating.

Orlando E. Delogu is emeritus professor of law at the University of Maine School of Law.

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71 Comments

  1. Good example here of how just because you have an education doesn’t mean you understand anything.

    Yes, we have an older, poorer, and more disabled population than many other states.  Those first two, the older and poorer part is also why we don’t have as much money  to spend as some of those states.  What LePage is trying to do is raise the eligibility requirements to the national average.  Our overly liberal eligibility standards have made a difficult problem much worse.

    While there is fraud, the liberal eligibility requirements are a bigger problem.  As for the number of out of state  people traveling here for benifits that Mr. Delogu claims don’t exist….  I suggest he leave his ivory tower and spend time with front line workers at health clinics.  The stories of abuse abound.  The number of young pregnant women moving here to get free health care is astounding.  With our eligibility requirements it is completely legal.  And is costing the state dearly.

    At this time the Feds are paying that 63 cents out of every dollar spent on medicare.  What you fail to think about while focusing on what you consider “free” money is that coming up with that 37 cents is killing the budget.  Multiply 37 cents by a big enough number and it comes to real money.  Money that still has to be raised with taxes.

    Then there is the entitlement argument.

    As for raising meal and accommodation taxes.  Those higher taxes tic me off more than almost any other.  You justify it by saying that out of state visitors will “contribute” more.  But I am willing to bet that over a year more money is spent by Maine residents on these items than by visitors.  Every time anyone, including poor people, eat out we get soaked by the state.  And many Maine residents have to occasionally rent cars and stay at motels for business as well.

    And you certainly do not understand the entire state budget.  If you did you would know that medicaid is one of the largest line items.  As such it becomes next to impossible to ” spread the cost over the entire state budget” without impacting other smaller line items disproportionately.  Unless we take most of it from the education budget.  Maybe if that happened you would see your income cut.  You know, share the pain. 

    That idea sounds better and better….

    1. I certainly don’t feel I get “soaked” when I eat a meal in a restaurant here in Maine. Have you been anywhere else? Try New Hampshire. It’s close. And more of a meals tax than here.
      GREAT idea to cut education, too. Jeepers.

      1. a lot of things such as meal taxes are higher in NH because they have NO state income tax or sales tax

    2. “The stories of abuse abound.”

      They’re just that — stories. Back up the stories with empirical evidence.

      1. Where do all of these people come from?  Why are we old and sick unlike other States that apparently are not?  How did we get to where we are?  Answer = liberalism.

        1. A state’s age is based on average’s of the overall population. No jobs, or poor paying jobs for college grads means that educated youth are leaving Maine in droves. You take numbers out of the bottom end, and it gets top heavy. That’s how we became the oldest state in the nation. When things were good… ahem, yay Clinton… these elderly people had a bit of money and retired to Florida so our averages were more toward the middle ages. Now we have a bad economy and the 401k’s crapped out so now the elderly don’t have the money to live in FL or AZ so more elderly staying that there used to be, and more youth leaving than there used to be and… Presto!… Oldest state in the union.

          1. Perhaps in a really bad winter it is cheaper to live in Florida then Maine due to oil cost. However in Florida air conditioning cost are very high and air conditioning season  can run from the middle of April until almost Thanksgiving some years. Housing cost in Florida are about the same. Food actually seems to be a little more expensive here (I spend part of the year in Florida, this year 3 months). Florida does not have a State Income Tax, but it does have a sales tax and counties can impose sales taxes as well. Food prices seem to actually be higher here then they are in Maine which is a surprise. 

          2. Florida also has a personal property tax.  We have friends who live on Sanibel Island.  They basically hibernate for 4-5 months during the summer.

          3. Alaska, Florida, Nevada, South Dakota, Texas, Washington
            and Wyoming have no state income tax, two others, New Hampshire and Tennessee, tax only dividend
            and interest income.

            States that do not tax pensions

            http://www.ehow.com/list_7368819_states-not-tax-retirement-pensions.htm

            States with exemption for military pensions

            Alabama Hawaii Illinois Kansas Kentucky*** Louisiana Massachusetts Michigan* Mississippi Missouri++ New Jersey New York North Carolina+ Ohio Pennsylvania Wisconsin    

        2. The answer is not liberalism. The answer is that there are not enough jobs for our young people that have ambitions to stay here. I would lay odds that of every HS graduating class in Washington County, 80% leave the county. With a lot of them leaving the state. If the governor wants to reverse this trend, he should declare war on the  USA and let us be defeated. Then we would see manufacturers moving here to employ the cheap labor.

          1. 9 months a year Florida is hotter than the hinges of hell to me. I can’t afford two residences or to pay winter rents in Florida. I can always put enough clothes on to stay warm but if I take enough off to stay cool I’ll be locked up for eye pollution.

          2. Because we are a hardy breed, enjoy the magnificent glory of fall and the challenging beauty of winter.  It tests our mettle, keeps our minds active.  Move to Florida, your brains turn to mush.  Some posters prove that point. 

            Oh, yeah and because like Patom1 says, too hot for 9 months.

          3. Who likes Florida?  Wouldn’t live there on a bet.  I should have asked before, what will you do when you get older?

          4. Unless you are right on the coast with beach property Florida is  a flat, uninteresting, hot, humid, high crime, high unemployment, low educational, low cultural, excessively conservative, crowded area to live in.  Someone once called it the cultural cesspool of the nation.  

        3. Huh?  I’ll bet that most of the Maine elderly were born here or spent most of their life here.  Of course there are some of us Grampys who came here by choice and like it, except for some snarky and ill-adivised comments.

      2. Talk to the front line workers.  Off the record of course.  Many of these young women brag about where they came from and why they came here.  But you know as well as I do that  no one can provide the “proof” you ask for because they will be breaking federal law.  At the least they will lose their job.

        I personally know of a case this week where someone applied for assistance where they own 2 late model vehicles and a sports car.  And the paperwork literally REEKED of marijuana. Can I give you a name?  No way….  Not even the city it happened in.  I would be in way more trouble than the abusers would be.

    3. I’ve seen the video of LePage indicating that someone can come from New Hampshire and within the end of the day, have a subsidized apartment.   Logistically, it’s not possible, and if it did occur, then whomever is managing the unit is not doing their job correctly and are opening themselves up for law suits. That, along with the fact that any occupancy must be approved before funding can be generated. If the Governor was referring to a local housing authority, then any blame lies within that housing authority, not the applicant.

      Section 8 housing has two facets,  one being property based and the other being tenant based.   Any landlord who wishes to rent to a section 8 tenant based subsidy is always urged to regard the tenancy as a normal tenant,  in other words….check the references.  A private landlord is no way, whatsoever obligated to rent to a section 8 certificate or voucher holder. If a landlord has a lease, it can be reviewed for acceptance to state and federal laws, not all leases are legal. If he or she is going to accept subsidy money, then a contract, understandably, will be signed; the tenant has nothing to do with the contract. All of this takes time.

      I have never seen anyone get food stamps in one day.   I’ve seen them get assistance from a municipality, or a food bank, perhaps a shelter,  but I’ve never seen food stamps being given on the day of an application.  This also applies to maine care, and TANF,   it’s not  possible.  Even if there was a decision by DHHS regarding eligibility,  it couldn’t be done that same day,  it takes them way too long to verify the information, which they are obligated to do.

      I understand the state budget process.   And I find it interesting how all of a sudden LePage admits that he has money in the budget accountability fund (rainy day fund), and now he is willing to let the Appropriations Committee fool with that?    What else, or should I say, what isn’t he hiding from this Committee. Wouldn’t you think that this would be an important piece of information for them to know about, before they even started this consideration? And Adrienne Bennett is nothing but a parrot. The Governor’s own Commissioner even admitted that she was not ready in November, the Legislature was out of session and the Appropriations Committee was never instructed to assemble for anything by the legislative leadership.

      Facts are facts,   we are one of the poorest states in the nation;   we are also the state that has the oldest population.  Given that, if you want to cut 65,000 people off from benefits, you are going to hurt elderly people who don’t have much money.   You can paint whichever picture in your head you wish,  but I was taught to help if you can.  You say “share the pain”……well, it would be nice if the Appropriations Committee could get a clear picture as to what it is that they need to ask people to share.

      1. Considering the waiting list for Section 8 Vouchers, if they do  not already have one that they are transfering, the chances of them getting one in six months is practically nil. (I don believe that peopel with disabilites are expedited though.)

      2. All I ever hear from you and the writer is we are an old State and therefore, cannot cut benefits.  When we are all old and retired, what then?  In other words rusjan, how do you really fix the problem which is we are old and sick??

        1. Just wait, the clock is ticking on you.  And then what, you’ll move to Florida and have to work in a WalMart?

          1. Believe me when my retirement time comes in just a few short years. I will do the retirement math. Taxes play a big role. I won’t be working at Wal-Mart guaranteed. You also will likely not have the benefit of my continued tax contribution.

            Just as an aside I know a person that is selling his property in Maine and moving within the next few months because he has reached his military retirement age and another state does not tax his retirement income.

            This state attracts deadbeats and expels people that contribute.

    4. All I have ever seen is lip service about pregnant women moving to Maine for health benefits. Too bad no one ever offers any evidence beyond “I heard”. If this is really a problem, prove it.  A recent study determined that in spite of what a lot people think, most people live within 100 miles of where they were born. Frankly, I find it very hard to believe a young mother is going to leave the area she grew up in , with family and friends to go to Maine. So, seeing you are out of your white tower, find the true tales and publish them instead of your rumors. I’ll bet we don’t see many if any.

      1. Talk to the front line workers.  Off the record of course.  Many of
        these young women brag about where they came from and why they came
        here.  But you know as well as I do that  no one can provide the “proof” you ask for because they will be breaking federal law.  At the least they will lose their job.

        I personally know of a case this week where someone applied for
        assistance where they own 2 late model vehicles and a sports car.  And
        the paperwork literally REEKED of marijuana. Can I give you a name?  No way….  Not even the city it happened in.  I would be in way more trouble than the abusers would be.

        1. “But you know as well as I do that no one can provide the ‘proof’ you ask for because they will be breaking federal law. At the least they will lose their job.”

          It’s not against federal law to do an anonymous survey of recipients.

          Face it, without proof, all you have are stories and nothing more than “I heard…” Without proof, you have no basis to make your claim.

          1. And an anonymous survey is worth squat.   It is not proof and you know if an anonymous survey was done that is exactly the argument that would be used to discredit it.

    5. I’m trying to visualize the “astounding number of young pregnant women”  lining up at the Piscataqua Bridge marching into  Maine. Personal experience tells me that  pulling up stakes and moving is the last thing one yearns to do when pregnant and doubly so in the winter:  check also during the break-up and mud seasons; check again in black fly season and big check for doing anything like moving in the heat and humidity of summer.  That leaves fall but only  if one is not 7,8 or nine months pregnant.   On leaf peeping tours, I have to tell you,  I did not notice many lines young pregnant women waiting at the border.

      Perhaps you need statistics rather than anecdotes to support your astounding march of the young pregnant women.

      1. Here are a couple of facts. They come straight from  the Lepage administration’s web pages!

        Maine’s documented rate of fraud in the TANF Program is 2/10ths of 1 percent. The average rate of fraud nationwide is 4 percent.

        Maine has the lowest TANF benefit in New England. Over the last 5 years, more than 5 times as many people on welfare left Maine than moved in.

        http://www.maine.gov/dhhs/realfacts/top_ten_tanf.htm

    6. And you’re challenging his education?  Doesn’t understand anything?  What are your chops?

  2. Excellent synopsis Mr Delogu, you hit the nail on the head. There is however a serious problem with your piece, the math. Not that any of your math is incorrect, I can’t find a single error throughout the whole piece, it’s just that you lost Mr lePage when you threw out the first number. The whole math thing, accuracy, facts, are way beyond our Governors level of comprehension.

    1. WHat math? What facts? There are very few of either in this piece for anyone, let alone the governor, to comprehend.

        1. You know,  I used to defend the intelligence of Pres. W. Bush because I thought, really, nobody could graduate from an Ivy League school, be elected governor repeatedly and the be elected President unless they had some significant intelligence. But when I read op-eds such as this one by a Professor emeritus at UMaine I have to reconsider my assumptions. I also have to conclude that UMaine may not be the best place to get a law degree….

  3. Latest census of over 65 shows maine ranked as 4th oldest and  florida is 1st.  For every $1 maine sends to the federal coffers it recieves back $1.47 compared to Florida $1 dollar sent to $1 dollar recieved. The reason maine has this problem is because of the expansion of the medicaid roles. No limit on tanf money which the federal goverment  has set at 5 years. Ranked 10th for snap and theres more.  Therefore  maine is listed as a welfare state by the federal goverment and needs reform. As far as the poorest state maine is ranked 31st median income and florida 38 th. Maine is ranked number 8 as overall health where as florida is 37 th. So I can assume that things can be done better. I was born raised in florida but spent alot of time in maine with my mainer wife and her 9 brothers and sisters. Love this state.

    1. Florida gets more tourists to Disney World then Maine gets period. They have more military bases, which pump a lot of federal funds into an area, but are not considered as part of this “aid”. to compare Florida to Maine is like comparing potatoes to oranges,

      1. Tourism is the number one ‘industry’ in florida not oranges.  Its the most visited place in the world….. Thats how they make money. They dont build aircraft..cars… ships….Military wise they do have 21 bases but also have 1200 miles of coast line and I bet they are there for tactial reason. The state has no state income tax and only a 6% state sales tax… some counties have a higher sales tax which is used in that county and doesnt go to state coffers. The point I was making is Maine has problems and very short on solutions…….and should look to other places to find common sense solutions instead of just blaming each other for their problems.  Then we have a governor who makes ‘ proposed ‘ budget cuts and all anyone can do do is beat him up. Just maybe he has awakened these lawmakers up enough that they will actually do their jobs. …………..

        1. The reason people are beating him up is that he is not providing the committee with numbers. He claims to know what they are , how else could he come up with what the shortfall is going to be, but he has yet to share them with the committee that has to make the decision. Perhaps if Mr. LePage would provide facts rather then sound bites to back up his claims then the committee would be better able to act.

    2. Last results I have been able to find show Florida getting back 1.23 for every dollar they spend.

      1. I just looked at that again…still saw the money closer to a dollar. I used the 2010 census as reference on some points I made. There could be others. Thanks

    3. From the Lepage administration’s own web pages:

      Since the program began in 1997, 63,000 Maine families have left the
      TANF program. 71 percent of recipients receive benefits for 1 year or
      less; 85 percent receive benefits for 2 years or less. Two-thirds of
      recipients are children.

      Eligibility is reviewed monthly and there are time limits. A person must
      comply with their plan to move to self-sufficiency to receive benefits.

      Maine has the lowest TANF benefit in New England. Over the last 5
      years, more than 5 times as many people on welfare left Maine than moved
      in.

      http://www.maine.gov/dhhs/realfacts/top_ten_tanf.htm

  4. I think that it is quite remarkable.   37 cents of every Maine care dollar is paid by Mainer’s.    So, from now on, when all of the Tea Party posts talk about this issue, they ought not to say ‘my tax dollar’,    in order to be correct they should be saying “my tax change” .

    Good article, but it’s a bit of the master of the obvious.     LePage has never had any intention of explaining the DHHS budget, or accounting for his budget numbers.   He simply thinks that because of his office,  the state must do what he instructs.

    I’ve got some bad news for him.   Not only is he dividing the electorate, he continually spreads the gap within his own party,  especially in the Legislature,  which fortunately for us, has to decide, not him.

  5. So I ran some numbers and here is how the per capita spending on Medicaid works out:
    Four of the “oldest” states:
    Maine: $1889
    Vermont: $1546
    West Virginia: $1309
    New Hampshire: $1004

    Four of the youngest states:
    Alaska: $1482
    Texas: $938
    Utah: $588
    Idaho: $811

    Four median aged states:
    South Dakota: $876
    Indiana: $910
    Mississippi: $1330
    Washington: $981

    Of these states, Mississippi and West Virginia rank as the two poorest in the US. The states that have above US median income are Washington, Alaska, New Hampshire, Utah and Vermont. Do what you will with the numbers, but it looks to me that Maine could afford to cut some of its Medicaid spending.

    1. Thanks for the numbers.  If Maine reduced its spending to $1,300 per capita, that would translate into a 31% decrease in spending which I believe is more than LePage wants.  In other words, his request seems more than reasonable.

  6. The Governor’s  plan is not about Maine, the Republican push is to lower the amount the US pays out. Unfortunately for Maine, as I always expect a governor to look out for Maine first, but I don’t believe that he plans on living here after he gets out of office, he did sell his Maine home. Not that he has to worry about Social Security or Medicare that most of us have paid into all of our lives expecting it to be untouchable.
    Eliminating the TIF and BETR though are bad ideas. It is incentives like these that keep companies like GE in Bangor around. Like it or not, they provide lots of high paying jobs and if they left, it would be devestating.
    Fraud is a good place to start. It is out there and should be eliminated. I beleive there are people who know of fraud going on, but don’t want to get involved. I think we would be amazed on how willing people would be to inform, if there was a small reward involvd. Also if a person is receiving assistance, there should be a cap on how long they can go to college living off student loans. I know of a person that supposedly cannot work because she can’t be in crowds, but she goes to concerts, goes to Florida every year for a vacation (from what?) and has suppelmented her income for many many years with student loans she never intends on paying back. How many times can you switch majors and defer yor loans? Indefinately, it appears.

    1. Blast me for claiming there is abuse and fraud and then write a post with your own unsubstantiated story?!?!?!

      What the heck?

  7. This article makes it sound like Penguin is mistaken, rather than lying.  That’s disingenuous.

    1. Right—it is just one of the “assumptions”  made by this writer that has no factual base.

      From USA Today, 2007:

      The growing divide between the rich and poor in
      America is more generation gap than class conflict, according to a USA
      TODAY analysis of federal government data. The rich are getting richer, but what’s received little attention is who these rich people are. Overwhelmingly, they’re older folks.

      Nearly all additional wealth created in the USA
      since 1989 has gone to people 55 and older, according to Federal Reserve
      data. Wealth has doubled since 1989 in households headed by older
      Americans.

      Not so for younger Americans. Households headed
      by people in their 20s, 30s and 40s have barely kept up with inflation
      or have fallen behind since 1989. People 35 to 50 actually have lost
      wealth since 1989 after adjusting for inflation, Fed data show.

      Older people have always been wealthier than
      younger ones. What’s changed is the disparity between the generations.
      Old people have been racing ahead, helped by government retirement
      benefits. Young people are running in place, partly because they’re
      delaying careers to get more education.

      If Delogu expects some credibility, he needs to back his assertions with some factual data. This is not a court of law where you can spout any theory you want. This is the BDN editorial page, where readers expect factual, unbiased information. Hahahahaha! I kill myself!

    2. You may have a point there. Unfortunately the median age of people in Maine is much older than the rest of the country. Which to my uneducated mind indicates that the majority of poor people in this state are probably older.

      I don’t see that many people around who could be considered the top 10%. I know for a fact that I’m not.

  8. A while ago I attend a presentation on Medicare and You.  The presenter stated that Maine was one of the most generous states in the nation with Mainecare.  No, it was not a “Tea Party” event it was a presentation by the Eastern Agency on Aging.  It it becoming more and more obvious we can no longer afford to be one of the most generous in the nation.

  9. We spend $ 220,000 per unit for low  income when the working people pay 1/2 or less for their homes and also pay upkeep, utilities etc…..Look at the older low income housing of 15 years and comparer conditions to that of the working paying their own way!
    This how to get the most votes pushing more and more people into dependency of liberal govt hand outs!!

  10. Go into a section 8 residence and most likely you fill find the temp at or above 75 while the rest of us are surviving at 63 degrees …Get the so called state workers tro do their job… they try their best to spend more so that next year they will get more …check oil usage of 2 years ago when most of the winter it was warmer in florida than here in maine..usage went up ?? in these places

  11. Delogu wrote:
    … at the very least, Medicaid funding needs could be met by spreading the cost over the entire state budget….

    **************

    What Delogu doesn’t seem to realize is that our former governor already employed this “model” — every time Baldacci raided the DOT budget or another department, to pay for social services in Maine.

    How’d that work out, O Ivory Towers?

      1. And a 300 million dollar debt to the hospitals in Maine—don’t forget that. They raided other budgets, cut state workers pay, and took a bundle from the federal government and STILL could not meet their Medicaid obligations.

    1. DOT is funded by Highway Fund revenues and those funds cannot be used for any purpose other than highway and roads support per the state constitution.

      Your “fact” is a lie.

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