Policy Corner: February 21, 2020

Senator Introduces HCBS Infrastructure Grants

Sen. Robert Casey, Jr. (D-Pa.) introduced the Home and Community-Based Services (HCBS) Infrastructure Improvement Act, S. 3277, to provide federal funding through multi-year grants to help states’ HCBS service delivery systems. The bill would give states flexibility to provide accessible, affordable, reliable, and equitable transportation options; increase wages, benefits, and support to sustain direct care professionals; expand competitive, integrated employment for people with disabilities; and build comprehensive, no-wrong-door application, referral, and counseling systems. To be eligible for the grant, a state would need to establish a Development and Implementation Council to provide input into the development of the proposal and to monitor activities.

House Subcommittee Holds Hearing on Medical Leave

The House Education and Labor Committee’s Subcommittee on Workforce Protections held a hearing, “Balancing Work, Health, and Family: The Case for Expanding the Family and Medical Leave Act” Feb. 11. In her opening statement, Chairwoman Alma Adams (D-N.C.) noted that the Family and Medical Leave Act (FMLA) passed in 1993. However, 44% of private-sector workers – or 49 million workers – are not covered by the FMLA. Chairwoman Adams noted, “Even if a worker can take FMLA leave, federal law does not guarantee coverage for all family members and caregivers.” She further noted the 2.9 million grandparents exclusively raising their grandchildren still face a patchwork of policies that allow them to take leave in some states, but not others.

To watch the recorded live stream of the full hearing, click here.

Democratic Senators Send Letters to Federal Agencies’ Rules that Expand Discrimination Protections 

Sens. Patty Murray (D-Wash.), Ranking Member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, Ron Wyden (D-Ore.), Ranking Member of the Senate Finance Committee, and 21 Democratic senators sent a letter to Secretary of Health and Human Services (HHS) Alex Azar urging him to withdraw a proposed rule that would expand federally funded discrimination against members of the LGBTQIA+ community, women, the non-religious, and religious minorities. The rule would eliminate protections with regard to who can receive vital health services and employment opportunities from “faith-based” providers funded by taxpayers. In addition to HHS, seven other federal agencies released similar proposed rules that would leave underserved and underrepresented communities at risk of losing access to vital taxpayer-funded services. A similar letter was sent to Education Secretary Betsy DeVos and to Department of Labor Secretary Eugene Scalia requesting each to withdraw their proposed rules that would expand federally funded discrimination against members of the LGBTQIA+ community and women.

Federal Appeals Court Rules Against Medicaid Work Requirements

The U.S. Court of Appeals for the District of Columbia ruled that Arkansas cannot impose work and reporting requirements on certain able-bodied recipients of Medicaid as a condition of receiving coverage. The Centers for Medicare and Medicaid Services approved the plan. The state of Kentucky also submitted a similar proposal that was pulled after the state elected a new governor. Federal officials have not yet said whether they will appeal the ruling to the U.S. Supreme Court.