Policy Corner: June 15, 2018
Categories: Policy Corner Archives
House Passes Rescission Bill
The U.S. House of Representatives passed the administration’s proposal to cut almost $15 billion from the federal spending bill passed in the spring to fund government programs for the remainder of this fiscal year ending Sept. 30. The legislation, Spending Cuts to Expired and Unnecessary Programs Act, cuts $15 billion from the Children’s Health Insurance Program (CHIP); almost $40 million from the Housing and Urban Development (HUD) Public House Capitol Fund and $40 million from the Department of Agriculture’s Section 521 Rental Assistance program, among other program cuts. The administration claims that these are unspent funds that have been on the books. The Senate will need to pass the legislation by June 22nd with a simple majority in order to take effect.
House Appropriations Committee Releases Draft FY 2019 Funding Bill for Labor-HHS-ED
Yesterday, the U.S. House Appropriations Committee released the draft fiscal year 2019 Labor, Health and Human Services (HHS), and Education (ED) funding bill. In total, the draft bill includes $177.1 billion in discretionary funding, essentially the same as the 2018 enacted level. The bill targets investments in medical research, public health, biodefense, education, and important activities that help promote job readiness. The legislation also includes several provisions to rein in regulations and to protect the sanctity of life.
The draft bill includes a total of $89.2 billion for HHS, an increase of $1 billion above fiscal year 2018 enacted level and $2.4 billion above the President’s budget request. The bill provides a total of $38.3 billion for the National Institutes (NIH), an increase of $1.25 billion above the current fiscal year enacted level and $4.1 billion above the President’s budget request. Included is $429 million — a $29 million increase — for the Brain Research through Application of Innovative Neurotechnologies (BRAIN) Initiative and also funding to expand support for research related to opioids and pain management. With regard to the Centers for Disease Control and Prevention (CDC) the legislation continues the prohibition against using federal funds to advocate or promote gun control. The legislation expands support for preparedness grants to states, chronic disease prevention efforts, and programs that address the opioid use and opioid-related injury.
The draft legislation provides $334 million for the Agency for Healthcare Research and Quality (AHRQ) and proposes to merge most of AHRQ’s activities into NIH. The bill does not include additional funding to the Centers for Medicare and Medicaid Services (CMS) to implement Affordable Care Act (ACA) programs, prohibits funds for the “Navigators” program, and prohibits the collection of user fees from the Health Insurance Exchanges. The Senate Subcommittee is expected to markup the bill on June 26 and in the full Appropriations Committee June 28.
Senate Schedules Nominations for Employment-Related Programs
The Senate Health, Education, Labor and Pensions (HELP) Committee will hear the nominations of Scott Stump to be Assistant Secretary for Career, Technical, and Adult Education, Department of Education, and John Lowry, III, to be Assistant Secretary of Labor for Veterans’ Employment and Training, Department of Labor June 20. Stump has been chief operating officer of Vivayic, Inc., a “learning solutions” company based in Lincoln, Nebraska, since January 2015. The Office of Vocational and Adult Education is responsible for adult, post-secondary, rural, and vocational education. Lowry is a retired Marine Corps Colonel and will oversee the agency in the labor department designed to help U.S. military veterans find employment. Since 2016, Lowry has been a consultant at Egon Zehnder, a corporate leadership advisory firm, in Chicago.
ACL Awards State TBI Partnership Grants
The U.S. Department of Health and Human Services’ Administration for Community Living (ACL) has awarded 24 Traumatic Brain Injury (TBI) State Partnership Program grants to states for a total of $5,090,684. The purpose of the three year grants is to create and strengthen a system of services and supports that maximize the independence, well being, and health of people with TBI across the lifespan, their family members, and their support networks.
The TBI State Partnership Program funded two tiers of grantees: Partner State Grants and Mentor State Grants. Both Partner State Grantees and Mentor States will use their funding to maintain and expand state infrastructure and will work together to do so. Receiving Mentor State Grants:
- Colorado Department of Human Services
- Indiana State Department of Health
- Iowa Department of Public Health
- Massachusetts Rehabilitation Commission
- Nebraska Department of Education
- University of Oregon
- Pennsylvania Department of Health
- Tennessee Department of Health
- Virginia Department for Aging and Rehabilitative Services
- West Virginia University Research Corporation
Receiving Partner State Grants:
- University of Alaska Anchorage
- University of Arkansas for Medical Sciences
- California State Department of Rehabilitation
- Georgia Department of Public Health
- Idaho State University
- Kansas Department of Aging and Disability Services
- Kentucky Cabinet for Health and Family Services
- Maryland Department of Health
- Minnesota Department of Human Services
- Missouri Department of Health and Senior Services
- North Carolina Department of Health and Human Services
- Rhode Island Department of Health
- Utah Department of Health
- State of Vermont, Agency of Human Services
DOJ Announces Decision Not to Defend the ACA Pre-existing Conditions
The U.S. Department of Justice (DOJ) announced June 7 that it would not defend the Affordable Care Act (ACA) provisions, including pre-existing conditions mandate, being challenged in court as the result of a state lawsuit. Texas and 19 other states filed a lawsuit in Feb. Texas filed the lawsuit on the reasoning that if the individual mandate, ruled constitutional by the U.S. Supreme Court, is only constitutional because it constitutes a tax, and if that tax has effectively been eliminated, then the tax-less mandate that remains on the books is therefore unconstitutional. Texas and the other states argue that invalidating the mandate should invalidate the whole ACA, because the law can’t function the way Congress wanted it to without the mandate in place.
The DOJ believes the Supreme Court should declare the tax-less mandate unconstitutional, which would mean that the pre-existing-conditions provisions so closely attached to it should also be invalidated. The case is currently before a federal district court judge in Texas, who was appointed by former President George W. Bush.
The Department of Health and Human Services (HHS) has implemented regulatory reforms to reduce the number of people affected by the ACA’s requirements. The agency stopped paying major subsidies to insurers in late 2017, and is in the process of expanding short-term insurance plans that were limited under ACA rules.
BIAA gratefully acknowledges the Centre for Neuro Skills and Avanir Pharmaceuticals for their support for legislative action.