Policy Corner: January 8, 2021

Editor’s Note: We are profoundly disturbed by the violent insurrection at the United States Capitol by rioters earlier this week. As an organization focused on promoting the civil rights of individuals with brain injury, BIAA has advocated in those same halls for decades to ensure that members of our community would have their voices heard and their rights protected. The Consortium for Citizens with Disabilities, of which BIAA is a member, has issued a full statement regarding Wednesday’s events. Click here to read more.

Congress Certifies the Presidential Election

Early Thursday morning, hours after the breach at the U.S. Capitol, Congress approved the electoral votes confirming that Joe Biden and Kamala Harris won the presidential election in November. President-elect Biden and Vice President-elect Harris received 306 electoral votes, while President Trump and Vice President Pence received 232. The inauguration for the incoming president and vice president will be held Jan. 20.

The Brain Injury Association of America (BIAA) joined other national and state organizations in a letter to the President-elect Biden and Vice President-elect Harris transition teams reviewing Department of Justice (DOJ) and the Department of Health and Human Services (HHS) programs. The letters call for integrating and coordinating brain injury within the array of programs providing assistance to individuals with disabilities and special health care needs. The DOJ letter addressed the repercussions of domestic violence that may result in a person sustaining a brain injury and juvenile and criminal justice programs that may interact with offenders with brain injury. DOJ administers grant funding for these programs.

117^th Congress Convenes

The 117^th Congress convened Jan. 3, 2021. The House of Representatives has retained democratic leadership with few changes in committee chairs. However, Sens.-elect Raphael Warnock and Jon Ossoff won the Georgia run-offs Jan. 5, giving Democratic control to the Senate Democratic with Vice President-elect Harris being the tie-breaking vote Jan. 20. Senate chairs will change after Sen. Chuck Schumer (R-N.Y.) assumes the duties of Majority Leader Jan. 20.

President Signs Lifespan Respite Reauthorization Care Act

President Trump signed the Lifespan Respite Reauthorization Act of 2020, H.R. 8906, introduced by Reps. Jim Langevin (D-R.I.) and Cathy McMorris Rodgers (R-Wash.) and in the Senate by Sens. Tammy Baldwin (D-Wis.) and Susan Collins (R-Maine). The bill authorizes $10 million annually through fiscal year (FY) 2024. First authorized by Congress in 2006, the Lifespan Respite Care programs are coordinated systems of accessible, community-based respite care services for family caregivers of children and adults of all ages with special needs and disabilities. Such programs are to reduce duplication of effort and assist in the development of respite care infrastructures at the state and local levels.

Updates from the 116^th Congress

President Signs FY 2021 Appropriations and COVID-19 Relief Bill

President Trump signed the Consolidated Appropriations Act, 2021, H.R. 133, which consists of 12 appropriations bills and a $900 billion COVID-19 relief provision Dec. 27. The measure provides $1.4 trillion to fund federal government programs through Sept. 30, 2021. The provisions to address the COVID-19 pandemic and the economic fallout include funding for vaccines, small businesses loans, rental assistance, and $600 stimulus checks per person. The package also includes an extension of unemployment benefits of up to $300 per week, more than $284 billion for forgivable Paycheck Protection Program (PPP) loans, expanded PPP eligibility for nonprofit organizations, and more. The legislation also extends the Centers for Disease Control and Prevention (CDC)-imposed eviction moratorium, which halted evictions for failure to pay rent for tenants with annual incomes of less than $99,000, to Jan. 31, 2021. The moratorium had initially been set to expire at the end of 2020.

Additional highlights of the appropriations package include:

• Extended funding for the Medicaid Money Follows the Person (MFP) Rebalancing Demonstration program at $450 million per fiscal year through fiscal year 2023;
• Extended protections against spousal impoverishment for partners of Medicaid beneficiaries who receive home- and community-based services through fiscal year 2023;
• Level funding for the TBI Act Administration for Community Living and TBI CDC programs;
• $1 million in additional funding for the National Institute on Disability, Independent Living, and Rehabilitation Research;
• An increase of $60 million for the BRAIN Initiative led by the National Institutes of Health (NIH);
• $12.5 million for NIH to conduct research on firearm violence prevention; and
• $200 million for Family Caregivers Services, an increase of $4 million above the 2020 enacted level:
  • $7.1 million for the Lifespan Respite Care Programs, an increase of $1 million over FY 2020
  • $188.0 million for the National Family Caregiver Support Program, an increase of $3 million.

Congress Includes the BENES Act in a Comprehensive Legislative Package

Congress passed several key provisions of the Beneficiary Enrollment Notification and Eligibility Simplification (BENES) Act, S. 1280/H.R. 2477, as part of a comprehensive legislative package Dec. 23. Signed into law days later, these policies will update Medicare enrollment rules for the first time in more than 50 years to end lengthy waits for coverage, expand critical administrative flexibilities, and inform future policymaking on enrollment period alignment. The bipartisan BENES Act was introduced in the 116th Congress by Sens. Bob Casey (D-Pa.) and Todd Young (R-Ind.) and by Reps. Raul Ruiz (D-Calif.), Gus Bilirakis (R-Fla.), Brad Schneider (D-Ill.), and Jackie Walorski (R-Ind.).

The BENES Act was needed to modernize and simplify the Medicare Part B enrollment process, which was considered a confusing system. Individuals who made mistakes with enrollment faced consequences, including late enrollment penalties, higher out-of-pocket health care costs, gaps in coverage, and barriers to accessing needed services.

BIAA gratefully acknowledges the Centre for Neuro Skills and Avanir Pharmaceuticals for their support for legislative action. Click here to read past issues of Policy Corner.