Policy Corner: March 29, 2019

House Passes ACE Kids Act, Money Follows The Person Funding

The U.S. House of Representatives passed the Medicaid Services Investment and Accountability Act, H.R. 1839, Monday. Among other provisions, it would provide an additional $20 million to the Money Follows the Person (MFP) demonstration program, extend spousal impoverishment protections for those receiving Medicaid long-term care in a home or community-based setting through Sept. 30, 2019, and include provisions regarding the Medicaid program for children with complex medical needs. The Advancing Care for Exceptional Kids Act of 2019 (ACE Kids Act), included in the bill, supports better care coordination for children with medically complex conditions who rely on Medicaid. The legislation was introduced by Rep. Raul Ruiz (D-Calif.). Funding was extended for the MFP program and the spousal impoverishment protections enacted in January, but only for three months.

Administration Backs Repeal of the ACA

This week, President Trump announced the Administration’s backing of a full dismantling of the Affordable Care Act (ACA) that has been challenged by state attorney generals. The U.S. Department of Justice (DOJ) presented its position in a legal filing with the U.S Court of Appeals for the 5th Circuit Court in New Orleans. A federal judge in Texas ruled in December that the law’s individuals mandate “can no longer be sustained as an exercise of Congress’s tax power” and further found that the remaining portions of the law are void. The DOJ now supports the Texas ruling and supports repealing all of the ACA protections.

House Democrats Announce Legislation to Strengthen Protections for Pre-Existing Conditions

House Democratic leaders announced a sweeping bill this week that would protect people living with pre-existing conditions, lower health care costs for consumers, and reverse the Administration’s actions to dismantle the ACA. The Protecting Pre-Existing Conditions & Making Health Care More Affordable Act of 2019 was introduced by Energy and Commerce Chairman Frank Pallone, Jr. (D-N.J.), Ways and Means Chairman Richard Neal (D-Mass.), and Education and Labor Chairman Bobby Scott (D-Va.), the three chairmen whose committees have jurisdiction over health care.

The bill also reverses the Administration’s efforts to give states waivers to undermine pre-existing condition protections and stops the expansion of “junk” insurance plans that discriminate against consumers. The legislation would also restore critical outreach and enrollment funding and provide funding for navigators to assist consumers in signing up for health care.

CBITF Submits Letters to House Appropriators

The Congressional Brain Injury Task Force (CBITF) submitted letters to House appropriators this week calling for increased funding for the Administration for Community Living’s Traumatic Brain Injury (TBI) State and P&A Grant programs and the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR) TBI Model Systems, and the Centers for Disease Control and Prevention (CDC) Injury Center national concussion surveillance system project. A separate letter was also submitted calling for increased funding for the Department of Defense TBI programs and research. Both letters included support from other congressional members.

BIAA Attends IVPN Hill Day

The Brain Injury Association of America’s (BIAA) Director of Government Affairs, Amy Colberg, participated in this week’s Injury and Violence Prevention Network’s (IVPN) Spring Membership Meeting, which included visits with congressional members regarding funding for the CDC Injury Center budget. She visited House and Senate appropriations staff to urge funding for the CDC TBI program and other injury programs, including funding to support the national concussion surveillance project authorized by the TBI Reauthorization Act of 2018.

BIAA Supports Additional Funding for Education

BIAA signed on to a recent letter to appropriators, submitted by the Consortium for Citizens with Disabilities’ (CCD) Education Task Force, urging them to support the highest possible spending levels for programs that support America’s 6 million children and youth with disabilities and the educators who work on their behalf. Among the requests, the organizations support an increase to $13.97 billion for Part B State Grants under the Individuals with Disabilities Education Act. Since 2009, the average federal share per child has remained stagnant, while the number of students served and the national average per pupil expenditure has continued to rise.

Federal Judge Rules Against Medicaid Waiver Work Requirements

This week, a federal judge ruled against the U.S. Department of Health and Human Services’ approval of Medicaid waiver projects in Kentucky and Arkansas that include work mandates and other cuts to Medicaid coverage. Both states required work requirements for certain for low-income individuals and families in order to be eligible for Medicaid, a goal of the Administration.

BIAA gratefully acknowledges the Centre for Neuro Skills and Avanir Pharmaceuticals for their support for legislative action.