Policy Corner: July 26, 2019

BIAA Celebrates the ADA

Today marks the 29th anniversary of the signing of the American with Disabilities Act (ADA) by President George H.W. Bush. This landmark legislation is the civil rights bill for individuals with disabilities, including brain injury, to prohibit discrimination in housing, employment, education, telecommunications, transportation, and public places. The Brain Injury Association of America (BIAA) joins other organizations and agencies in celebrating this significant accomplishment and continues to work actively for legislation and policies to further advance opportunities for individuals with brain injury to live independent and productive lives.

House Passes Budget and Spending Caps Agreement

After negotiations with the Administrations and Congressional leaders, the House of Representatives passed the Bipartisan Budget Act of 2019, H.R. 3877, which increases the budget for 2020 and 2021 by $1.7 trillion and extends the debt limits for the next two years. The agreement will allow for increased spending for the Department of Defense and avoid cuts to domestic and some entitlement programs, which the Administration had proposed. Instead, the bill would allow a $324 billion increase in discretionary spending over two years over existing budget caps. Without the measure, spending caps enacted in prior years would have meant cuts in domestic spending beginning Oct. 1. Raising the debt ceiling allows the Treasury department to borrow beyond the current debt limit scheduled to expire next month and to avoid default on the U.S. debt. BIAA supports the letter to Senators from the Fiscal Policy Task Force of the Consortium for Citizens with Disabilities (CCD) urging them to vote for the Bipartisan Budget Act (BBA) of 2019.

Meanwhile, with the budget deal almost settled, the Senate will proceed with work on the appropriations bills after returning from the August recess. BIAA recirculated the BIAA and National Association of State Head Injury Administrators handout on funding recommendations for the U.S. Department of Health and Human Services’ (HHS) traumatic brain injury (TBI) research, prevention, and state grant programs to the Senate appropriations staff.

House Passes Lifespan Respite Care Reauthorization

The House of Representatives passed the Lifespan Respite Care Reauthorization Act, sponsored by Reps. Jim Langevin (D-R.I.) and Cathy McMorris Rodgers (R-Wash.), this week, authorizing $200 million in funding over the next five years. The purpose of the bill is to strengthen coordinated respite services for family members who care for loved ones with disabilities and other chronic health conditions. The program is administered by the HHS Administration for Community Living. It was first authored by Rep. Langevin in 2002. The bill has now been sent to the Senate for passage. BIAA supports the bill.

House Passes Minimum Wage Hike Bill

The House of Representatives passed the Raise the Wage Act, H.R. 582, last week. The legislation would increase the minimum wage for all people, including people with disabilities, and phases out Section 14c of the Fair Labor Standards Act (FLSA) over six years. FLSA, passed in 1938, allows public and private employers to obtain special certificates from the Department of Labor’s Wage & Hour Division that allow them to compensate workers with significant disabilities at rates below the current federal minimum wage. The Transformation to Competitive Employment Act introduced by Sen. Bob Casey, Jr. (D-Pa.) would also end subminimum wages and would provide funding to states and providers to expand capacity for competitive integrated employment.

Senate Finance Committee Passes Bipartisan Drug Pricing Legislation

The Senate Finance Committee passed the Prescription Drug Pricing Reduction Act yesterday to address the problem of high and rising drug prices within the Medicare program. The bill, developed by Committee Chairman Chuck Grassley (R-Iowa) and Ranking Member Ron Wyden (D-Ore.), outlines a number of changes, including a redesign of the Part D benefit and the imposition of inflationary rebates. The bill places a $3,100 cap on what Medicare beneficiaries pay out-of-pocket on prescription drugs, set to take place in 2022, and a limit on prescription drug price hikes under Medicare Part D.

CDC Announces Injury Center Reorganization

The Centers for Disease Control and Prevention (CDC) has approved the reorganization of the National Center for Injury Prevention and Control (NCIPC) to better address both current and anticipated organizational needs across traumatic brain injury, transportation safety, older adult falls, drug overdose, and emerging drug threats programs. The NCIPIC has scheduled the second in a series of Fireside Chats Aug. 15 from 2-3 p.m. (EST) to provide an opportunity to hear directly from NCIPC leadership and partners about Center priorities, including opioid overdose prevention, suicide prevention, and the prevention of adverse childhood experiences.

DOL Sets Theme for 2019 NDEAM

The U.S. Department of Labor (DOL) has announced the theme for October National Disability Employment Awareness Month (NDEAM) 2019, which is “The Right Talent, Right Now.” Observed annually in October, NDEAM celebrates America’s workers with disabilities both past and present, and emphasizes the importance of inclusive policies and practices to ensure that all Americans who want to work can work, and have access to services and supports to enable them to do so. With continued advances in such supports, including accessible technology, it is easier than ever before for America’s employers to hire people with disabilities in high-demand jobs. You can find materials for celebrating the month by clicking here.

Senate and House Adjourn for August Recess

The House and Senate are adjourning for the August recess and will return to work Sept. 9. As always, this is a good time to talk to your legislators about brain injury. Issues before the Senate include funding for TBI ACL programs, including NIDILRR research, Money Follows the Person reauthorization legislation, and the Lifespan Respite Care Reauthorization Act. Click here to download BIAA’s legislative issue briefs.

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