Committee declines staff recommendation to fund long-term services for 275 noncitizen adults via interim supplemental

The committee considered a second component of the qualified noncitizen supplemental: a request to fund long-term services and supports for 275 noncitizen adults who will lose Medicaid eligibility under recent federal changes. JBC staff recommended against approving the funding via an interim supplemental on statutory and process grounds, noting the legislature typically authorizes such a policy change by statute rather than through mid‑year budget action.

Eric J. Kurtz, JBC staff, explained his legal concerns: the department lacks explicit statutory authority to create a new general-fund-only program for a non‑Medicaid-eligible population and the supplemental process is intended for unforeseen events. "This is the department taking a 2nd bite at the apple, rather than something that's in response to any kind of new information," Kurtz said, emphasizing the change in eligibility from HR1 was known during prior budget and forecast discussions.

Committee members voiced the humanitarian stakes. Several members said they were deeply troubled by potential coverage losses for people who rely on long-term care and acknowledged the difficult tradeoffs; others agreed the interim supplemental process was not the appropriate legal vehicle. The staff recommendation not to approve the supplemental passed 5–1, with Vice Chair Bridges objecting.

Members directed staff and the department to continue policy discussions and modeling to identify legislative paths for longer-term solutions rather than using interim supplemental authority to create an ongoing entitlement.