Policy Corner: June 5, 2020

Disability and Aging Advocates Urge Leadership to Include Funding for Disabilities in Next COVID-19 Bill

The Consortium for Citizens with Disabilities (CCD), of which the BIAA is a member, the Disability and Aging Collaborative, and other state and national organizations sent a letter to House and Senate Leadership calling for funding to address the vital needs of people with disabilities and aging adults in the next COVID-19 relief package. While the COVID-19 legislative packages passed by Congress thus far were expansive, they all but ignored the critical needs of the disability and aging communities.

The House HEROES Act that passed the House May 15 did include several provisions such as dedicated funding for Medicaid HCBS in order to support the workforce that provides critical services to people with disabilities and aging adults, the service providers that employ that workforce, and the people who rely on those services to live safely in their homes and communities. The HEROES Act also included a broad Federal Medical Assistance Percentages increase for Medicaid. The Senate, however, does not appear to be supporting another COVID-19 package at this time.

House and Senate Leaders Urge HHS to Disperse COVID-19 Relief Funds to Medicaid Providers

The Chairmen and Ranking Members of the House and Senate Committees with jurisdiction over the Medicaid program sent a joint bipartisan letter to U.S. Department of Health and Human Services (HHS) Secretary Alex Azar expressing concern over prolonged delays in disbursing funds from the Public Health and Social Services Emergency Fund (PHSSEF) for Medicaid-dependent providers. Although funds have been allocated to providers in recent weeks, safety net providers that already operate on thin margins and depend on Medicaid for a large source of their payments have not yet received a meaningful allocation from the PHSSEF. Providers that rely heavily, if not entirely, on Medicaid include home-and-community-based services (HCBS)  providers, providers for individuals with disabilities, behavioral health providers, pediatricians, children’s hospitals, school-based providers, and many other types of essential providers, such as primary care providers and family practices.

The committee leaders requested that a series of questions be answered by HHS by June 10. The letter was signed by House Energy and Commerce Chairman Frank Pallone, Jr. (D-N.J.), House Energy and Commerce Ranking Member Greg Walden (R-Ore.), Senate Finance Chairman Charles E. Grassley (R-Iowa), and Senate Finance Ranking Member Ron Wyden (D-Ore.).

BIAA Supports Improved Care for Children with Complex Conditions

BIAA joined members of the Consortium of Citizens with Disabilities in responding to a Centers for Medicare and Medicaid Services (CMS) request for information on coordinating care across state lines for children with medically complex conditions who are Medicaid eligible. Our letter to CMS Administrator Seema Verma acknowledges that demand for residential services, including placement in psychiatric treatment and nursing facilities, is too often driven by a lack of appropriate community-based programs. Under Medicaid’s Early and Periodic Screening, Diagnosis, and Treatment benefit, states must provide and arrange for a broad range of services necessary to meet children’s needs. Out-of-state care, however, must not be a substitute for adequate community-based services. BIAA encourages CMS to offer family navigation services that are culturally appropriate and available in formats beyond the internet. We also note that consultation among treating clinicians and receiving providers should be paid under Medicaid. As in other health plans, an adequate network of clinicians and appropriate durable medical equipment must be available.

BIAA Calls for Legislative Action in Response to Police Killings

BIAA joined with the Leadership Conference on Civil Rights in calling on Congressional leaders to take swift and decisive legislative action in response to ongoing fatal police killings and other violence against Black people across our country. The coalition recommended eight specific actions to be taken. They include: (1) Require a federal standard that use of force be reserved for only when necessary as a last resort; (2) Prohibit all maneuvers that restrict the flow of blood or oxygen to the brain, including neck holds, chokeholds, and similar excessive force, be prohibited; (3) Prohibit racial profiling and require robust data collection on police-community encounters and law enforcement activities; (4) Eliminate federal programs that provide military equipment to law enforcement; (5) Prohibit the use of no-knock warrants; (6) Hold law enforcement accountable for the deprivation of civil rights and civil liberties; and (7) Make public the names of officers who have had their licenses revoked for any reason; and (8) End the qualified immunity doctrine that prevents police from being held legally accountable when they break the law.

Support for Air Ambulance Service in Fight Against COVID-19

BIAA joined with other health care organizations in urging Congressional leaders to ensure that patients continue to have access to the life-saving services provided by air ambulances at all times, but especially during the coronavirus pandemic. Early estimates indicate that the industry has transported more than 1,500 COVID-19-positive cases since the beginning of the pandemic. This number is expected to drastically increase over the next 12-18 months as the virus spreads. Air medical services are especially important in rural America where hospital closures have reduced access to emergency medical care for millions of Americans.

President Signs the Paycheck Protection Flexibility Act

President Trump signed the Paycheck Protection Flexibility Act of 2020, H.R. 7010, to provide more flexibility for the Paycheck Protection Program (PPP), which provides help for small businesses and organizations during the COVID-19 pandemic. The legislation extends the window for businesses to be able to spend loans granted under the program. The March stimulus package, known as the CARES Act, provided businesses eight weeks to spend PPP funds. H.R. 7010 extends the deadline from June 30 to Dec. 31, 2020, and gives businesses and nonprofits more time to pay back loans beyond the initial two-year term. Other changes to the program were included, which will also help nonprofits by allowing more flexibility with the loans they received to keep their charities afloat.

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