Policy Corner: March 20, 2020

Congress Debates Stimulus and COVID-19

The Senate is working on a third stimulus package in response to the coronavirus-19 (COVID-19). Senate Majority Leader Mitch McConnell (R-Ky.) has introduced legislation to provide direct cash payments to Americans. Senators are also considering provisions to direct the U.S. Secretary of Education to report within 30 days a list of waivers needed for Congress to provide under the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act of 1973. This report would provide the basis for Congress to amend IDEA and section 504 of the Rehab Act. The proposal comes as 114,000 schools across the country – including all schools in 45 states – have announced plans to close, and educators are trying to figure out how to meet the needs of students with disabilities outside of school buildings.

The Senate approved the House of Representatives-passed bill, H.R. 6201, The Families First Coronavirus Defense Act, which is the second package addressing COVID-19.The legislation authorizes additional funds for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); the Emergency Food Assistance Program; nutrition assistance grants for U.S. territories, and food for older adults, such as Meals on Wheels. The bill waives some requirements for the school meal programs feeding kids whose only nutritious meal come at schools, suspends the work requirements for participants in the Supplemental Nutrition Assistance Program, known as food stamps, and opens the doors to states requesting waivers necessary to expand eligibility for the food stamp programs.

The bill establishes a federal emergency paid leave benefits program to provide payments to employees taking unpaid leave due to the coronavirus outbreak, expands unemployment benefits, and aids states through a grant program to process and provide benefits more efficiently. The bill also requires employers to provide paid sick leave to employees. To be eligible, individuals must have been employed for at least 30 days. Finally, the bill requires coronavirus diagnostic testing at no cost to consumers, treatment of personal respiratory protective devices as covered countermeasures that are eligible for certain liability protections, and temporarily increases the Medicaid federal medical assistance percentage. The legislation also waives all Medicare beneficiary cost-sharing for coronavirus testing and the associated doctor’s office visit.

President Trump signed H.R. 6074, the Preparedness and Response Supplemental Appropriations Act of 2020, which provides $8.3 billion in emergency funding for federal agencies to respond to the coronavirus outbreak.

Disability and Health Care Organizations Send Letter to Leaders on Medications in COVID-19 Bill

The Brain Injury Association of America (BIAA) joined 96 national organizations in a letter sent to House and Senate leaders encouraging lawmakers to include provisions regarding access to medications and supplies for people of all ages in the next legislative package. People with chronic conditions need access to essential and lifesaving medications and supplies on a regular basis. The Centers for Disease Control and Prevention (CDC) has encouraged people who take medications to stock up on extra supplies of their medications to comply with social distancing guidelines and prepare for emergencies. However, many forms of insurance place limits on refills. Further, there are even stricter limits on medications that are controlled substances, indicated for and used to treat epilepsy, mental illnesses, cancer and other serious medical conditions.

Senators Introduce Bill to Support Students in Response to COVID-19

Sen. Patty Murray (D-Wash.), Ranking Member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, along with Minority Leader Chuck Schumer (D-N.Y.) and Sen. Kirsten Gillibrand (D-N.Y.), have introduced the Supporting Students in Response to Coronavirus Act, S.3489,to support students, teachers, and other school staff as the spread of coronavirus continues to cause school closures across the country. The bill includes:

• Providing resources to help schools plan for closures, including planning for how to provide meals, how to provide technology to all students, and how to ensure other educational services for students can continue;
• Supporting efforts to clean and sanitize educational facilities, including providing training to educators and staff on how to ensure buildings are safe for students’ return and to coordinate response efforts with public health departments;
• Ensuring early childhood programs stay operational, including helping with emergency staffing needs;
• Providing emergency financial aid for college students in need of food, housing, and child care, following abrupt school closures;
• Providing students with relief from paying back Pell Grants or repaying student loans for disrupted terms;
• Allowing American students enrolled in foreign colleges abroad to continue their studies without disruption; and
• Increasing funding for the National Child Traumatic Stress Network, addressing stress and mental health needs associated with the spread of the virus.

Sen. Casey (D-Pa.) to Introduce COVID-19 Relief for Seniors and People with Disabilities

Sen. Robert Casey, Jr. (D-Pa.) is introducing the Coronavirus Relief for Seniors and People with Disabilities Act. The purpose is to:

• Increase funding for nursing home surveys to promote infection control;
• Cover the cost of treatment for low-income seniors and boost the economy;
• Promote home and community-based services and protect home health workers; and
• Make sure seniors and people with disabilities have healthy food and other services at home.

The Brain Injury Association of America (BIAA) supports the bill.

CBITF and BIAA Advocate for More TBI Funding

The Congressional Brain Injury Task Force sent a letter to House appropriators this week calling for increased appropriations for the CDC to implement a national concussion surveillance system; increased funding for the Administration for Community Living TBI Programs, both the state grant and Protection & Advocacy grants; and increased funding for the National Institute on Disability, Independent Living, and Rehabilitation Research program, which funds the TBI Model Systems and other TBI research. Over sixty representatives signed the letter requesting increased funding. In addition, the BIAA submitted written testimony to House appropriators also calling for increased funding. BIAA is now working with the Senate to gather support for a similar letter to transmit to Senate appropriators.