Policy Corner: June 22, 2018

Senate Defeats Rescission Bill

The U.S. Senate voted down the rescissions package, known as the Spending Cuts to Expired and Unnecessary Programs Act, June 20. The bill included funding cuts to the Children’s Health Insurance Program (CHIP), housing program, and other federal programs with regard to the current fiscal year. Overall, the legislation called for $15 billion in previously approved funding. Because of procedural rules, the Senate had to vote on the bill before June 22 to be able to approve it by a simple majority. After today, the bill will need 60 votes to pass. The U.S. House of Representatives approved the bill June 7.

House Unveils 2019 Budget Proposal to Balance Budget in Nine Years

Three days ago, the House Budget Committee unveiled a 2019 budget proposal that would balance the federal budget in nine years. Called the “Budget for a Brighter American Future,” the budget proposes to balance the budget largely by significantly cutting and fundamentally restructuring Medicare and Medicaid. Through reconciliation instructions for eleven House authorizing committees, this budget achieves at least $302 billion in mandatory savings over the ten-year period. Following the Tax Cuts and Jobs Act of 2017, Republicans let it be known that cutting mandatory spending for such programs as Social Security, Medicare, Medicaid, and the Affordable Care Act were a high priority. The tax cuts are expected to add $2 trillion in deficits over the next ten years.

Disability Organizations Ask Advocates to Call Lawmakers Today to Support MFP

Today, in commemoration of the Olmstead anniversary, advocates are asking for individuals to support the Money Follows the Person (MFP) legislation, the EMPOWER Care Act, by contacting their representatives and senators and urging them to co-sponsor this important legislation. Nineteen years ago, the U.S. Supreme Court in Olmstead recognized the right of people with disabilities to live, work, and participate in their communities. The MFP helps people move out of nursing homes and institutions into their communities, which makes Olmstead a reality for people with brain injury. The MFP program was authorized in 2005 and expired in 2016.

The Empower Care Act was introduced in the Senate (S. 2227) by Sens. Rob Portman (R-Ohio) and Maria Cantwell (D-Wash.) and in the House (H.R. 5306) by Reps .Brett Guthrie (R-Ky.) and Debbie Dingell (D-Mich.) You may call the Capitol Switchboard at (202) 224-3121 or (202) 224-3091 (TTY) and ask to be connected to your Senators and Representative.

BIAA Signs Comment Letter on The Medicare Long-Term Care and Supports Act

The Brain Injury Association of America (BIAA) signed on to the Consortium for Citizens with Disabilities (CCD) Comments on The Medicare Long-Term Care and Supports Act that Rep. Frank Pallone (D-N.J.) released in early May. The legislation proposes to establish a long-term care benefit as part of the Medicare program. The Comments have specific recommendations for the legislation, as well as broader recommendations around the long-term supports service system.

The legislation considers functional eligibility broadly and the letter stresses the need for an assessment and eligibility process which is fully inclusive of individuals with a wide range of disabilities, including those whose functional impairments mainly impact Instrumental Activities of Daily Living. Of concern, however, is that in the assessment and eligibility components of the bill, there is a real risk of missing small subpopulations of individuals who are currently not part of many state or federal long-term services and supports programs. This includes individuals, who don’t qualify for SSI, but have not worked enough quarters to be classified as “working disabled.” Other suggestions pertain to reversing the institutional bias in order to offer long-term home and community-based services (HCBS) without waiting lists to all eligible people with disabilities.

President Announces Plans to Ease Health Insurance Rules for Small Businesses

This week, the president announced rules to make it easier for small employers to buy health insurance through the use of association plans. The plan is to loosen restrictions for association health plans by allowing more business, including sole proprietors, to join forces to buy health coverage in bulk for their workers. The plans will not be able to exclude individuals with pre-existing conditions, but they can restrict benefits, such as the ten essential health care benefits under the Affordable Care Act that also covers rehabilitation and mental health treatment.

Administration Releases Plan to Combine Federal Agencies

Yesterday, the administration released a plan to combine the Departments of Education and Labor into one called the Department of Education and the Workforce. The proposed department would oversee education; skill development; workplace protection and security; and address skills required by many industries. Under the proposal, four subdivisions would be created: K-12; higher education/workforce development; enforcement; and research, evaluation, and administration. The Department of Education currently houses the Rehabilitation Services Administration, which administers Vocational Rehabilitation services, in addition to special education services.

The administration also calls for renaming the Department of Health and Human Services the Department of Health and Public Welfare, and transferring the food stamp program (SNAP) from the Department of Agriculture to that agency. These proposed changes would need to be approved by Congress.

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