Policy Corner: June 11, 2021

BIAA Endorses Bill to Prohibit Corporal Punishment in Schools

The Brain Injury Association of America has endorsed legislation announced to prohibit the practice of corporal punishment in any school that receives federal funding. Reps. A. Donald McEachin (D-Va.), Suzanne Bonamici (D-Ore.), and Sen. Chris Murphy (D-Conn.) reintroduced the Protecting our Students in Schools Act of 2021, H.R. 8460, which would establish enforcement protections and a federal grant program to assist states and school districts in improving the climate and culture of schools across the country. Substantial research has demonstrated that corporal punishment in schools is not associated with improved student behavior, instead, it produces similar outcomes to children that suffer physical abuse. This approach leads to poor academic performance, physical and emotional harm, and damage to students’ self-esteem and trust with educators. This practice is often administered to students in response to tardiness, failing to complete assigned homework, failing a test, talking out of turn, and more.

Sen. Murphy introduced the Keeping Students Safe Act, S. 2029, to prohibit and prevent seclusion, mechanical restraint, chemical restraint, and dangerous restraints that restrict breathing and to prevent and reduce the use of physical restraint in schools. Rep. Don Beyer (D-Va.) introduced H.R. 3474, a companion bill May 25. The legislation would make it illegal for any school receiving federal funds to seclude and/or physically restrain children, except when necessary to protect students and staff. The bill would better equip school personnel with the training they need to address challenging behavior with evidence-based proactive strategies. A 2009 investigation by the Government Accountability Office found hundreds of incidents of child abuse, some resulting in death, due to the use of seclusion and restraint practices in school and that such practices were used disproportionately used on children with disabilities and children of color. Rep. McEachin is among the numerous co-sponsors of H.R. 3474.

Senate Passes Bill to Compensate Federal Employees for “Havana Syndrome”

The Senate passed the Helping American Victims Afflicted by Neurological Attacks Act of 2021 or the HAVANA Act of 2021, S., 1828, to authorize payment to personnel of the Central Intelligence Agency and the Department of State who incur qualifying injuries to the brain. Sponsored by Sen. Susan Collins (R-Maine), the condition has received much awareness among lawmakers with regard to employees who experience similar symptoms of a concussion without knowing the cause. Employees have reported severe headaches, vertigo, memory loss, vision, hearing changes, and brain fog. It is called “Havana Syndrome” as the first affected federal employees were stationed in Cuba in 2016.

Bill Introduced to Advance and Retain Direct Care Workforce

Rep. Bobby Scott (D-Va.) introduced the Direct CARE Opportunity Act, H.R. 2999, to provide funding to states and entities to invest in strategies to recruit, retain, and advance the direct care workforce. The act also provides funding to implement models and strategies to make the field of direct care more attractive, such as training and registered apprenticeships, career pathways, or mentoring. Direct care workers provide daily assistance to millions of older Americans, people with brain injury, people with chronic care needs, and other disabilities. Direct care workers include personal care aides, home health aides, and nursing assistants. They are essential to ensuring older Americans and people with disabilities live with dignity and independence.

Lawmakers Call for Streamlining Medicare Advantage Plans Prior Authorization Regulatory Burdens

Reps. Suzan DelBene (D-Wash.), Mike Kelly (R-Pa.), Ami Bera (D-Calif.), and Larry Bucshon (R-Ind.) introduced the Improving Seniors’ Timely Access to Care Act, H.R. 3173, bipartisan legislation that would improve care for seniors by streamlining and standardizing the way Medicare Advantage (MA) plans use prior authorization and increasing oversight and transparency around prior authorization. The regulatory burdens of prior authorization have amplified the risks for patients and burdens for practices during the COVID-19 crisis. Even in areas where the health care system is beginning to recover sufficiently to treat non-emergent cases, providers are faced with the challenge of delivering long-delayed, medically necessary services to patients whose health care needs were postponed during the crisis. Prior authorization burdens further delay this care.

The legislation proposes several solutions to address these concerns, including establishing an electronic prior authorization (ePA) program and requiring MA plans to adopt ePA capabilities; requiring the Secretary of Health and Human Services to establish a list of items and services eligible for real-time decisions under an MA ePA program; and standardizing and streamlining the prior authorization process for routinely approved items and services. Over 200 organizations support the bill, including BIAA.

BIAA and CPR Provide Comments on SNF Prospective Payment System Proposed Rule

BIAA joined other organizations in providing comments to Chiquita Brooks-LaSure, Administrator for the Centers for Medicare & Medicaid Services (CMS), concerning the fiscal year 2022 Skilled Nursing Facility (SNF) Prospective Payment System proposed rule. The Coalition to Preserve Rehabilitation submitted the organization letter June 7, which urged CMS to work to collect and publish data on therapy utilization, characteristics of patients receiving therapy, more granular patient outcomes data, and other information on the Patient-Driven Payment Model implementation in a timely fashion. The letter stressed that the agency should report a broader range of data to ensure that stakeholders and patient advocates are sufficiently able to understand the barriers to accessing rehabilitation therapy inherent in this new system and take immediate action to address these restrictions to better serve the rehabilitation needs of Medicare beneficiaries in the SNF setting.

HHS Launches Disability Vaccine Information and Access Hotline
The Department of Health and Human Services (HHS) launched the Disability Information and Access Line (DIAL) to help people with disabilities find COVID-19 vaccination locations in their communities, make appointments at vaccine providers, and connect to local services. The hotline provides information and resources to answer questions and address concerns about the vaccines. Callers can receive information and services that promote independent living and address fundamental needs, such as food, housing, and transportation. DIAL was created through a partnership between the Administration for Community Living and the Centers for Disease Control and Prevention. DIAL is available toll-free at 888-677-1199 weekdays from 9 a.m. to 8 p.m. ET or by email at DIAL@n4a.org.

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.