Policy Corner: August 7, 2020

Senators and Representative Leaders Disagree on Next COVID-19 Relief Bill

The Senate unveiled its first draft of a COVID-19 relief bill, called the Health, Economic Assistance, Liability Protection and Schools (HEALS) Act, S. 1624, to provide $1 trillion in coronavirus relief funding. The bill differs significantly from the House version, referred to as the HEROES Act, H.R. 6800, which passed the House of Representatives in May. Funding impacting individuals with disabilities or who are aging included in the House bill is lacking in the Senate version. The Senate bill did include a five-year shield from COVID-19 related lawsuits under the Americans with Disabilities Act (ADA), Title I, unless an entity, such as a school, business, or government agency, engaged in “gross negligence.” Although additional funding is included in the Senate bill for schools, none of the funding is tied to programs under the Individuals with Disabilities Education Act.

The Brain Injury Association of America (BIAA) signed on to a June 15 letter drafted by the Consortium for Citizens with Disabilities (CCD), signed by 252 organizations urging the Senate to include increased Medicaid funding for home and community-based services; supports for direct support professionals, including increased access to personal protective equipment and recognition as essential workers; and paid leave for family caregivers, including grandparents and siblings, of adults with disabilities. So far, the House and Senate Leadership and the administration have yet to agree on the content for the next relief bill with regard to funding to support state and local government; unemployment benefits; rental evictions and mortgage foreclosures; or liability protections for businesses.

House Passes Labor-HHS-Education Appropriations Bill

The House of Representatives passed a minibus combining six appropriations bills to fund the federal government beginning October 1: Defense, Commerce-Justice-Science, Energy and Water Development, Financial Services and General Government, Labor-Health and Human Services-Education, and Transportation-Housing and Urban Development. The Department of Defense Appropriations Act, 2021, H.R. 7617, prioritizes public health and safety, with $47 billion for lifesaving medical research at the National Institutes of Health (NIH), and $50 million – an increase of $25 million above fiscal year 2020 – for firearm injury and mortality prevention research at NIH and the Centers for Disease Control and Prevention (CDC).

Congressional Brain Injury Task Force co-chairs, Bill Pascrell, Jr. (D-N.J.) and Don Bacon (R-Neb.) offered an amendment, which was adopted, to provide $1 million for the National Concussion Surveillance System within CDC’s National Injury Center. The National Concussion Surveillance System was authorized in the 2018 TBI Act Program Reauthorization, although the amount authorized is $5 million. The House also included language directing the HHS Office of the Secretary to establish and operate a health disparities education program, including collaboration with public, private, and nonprofit stakeholders on awareness campaigns targeting the general public and medical communities. The language specifically encourages this program to include information about the “importance and legality of data collection and analysis” according to disability status and other demographic factors.

The House has recommended level funding for the CDC TBI program ($6,750,000); the Administration for Community Living (ACL) TBI grant program ($11,321,000 – combined appropriation for state and P&A grant programs), and the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR) program ($111,970,000). With regard to the ACL TBI program, the House Appropriations Committee encouraged ACL to expand efforts to better understand the impacts of TBI on young people.

The House has recommended that $5 million be transferred from the Prevention and Public Health Fund (PPH) Fund to ACL for the Falls Prevention program, which is equal to the current level of funding. Falls prevention grants support the promotion and dissemination of prevention tools delivered in community settings. The House also recommended $10 million for Respite Care, which is $3,890,000 above the Fiscal Year (FY) 2020 enacted level. The program provides grants to eligible state organizations to improve the quality of, and access to, respite care for family caregivers. The House recommended that the Agency for Healthcare Research and Quality (AHRQ) receive $343 million for its research on health costs, quality, and outcomes, an increase of $5 million over the FY 2020 enactment.

House Passes Child Care Bill

The House of Representatives passed the Child Care is Essential Act, H.R. 7027, to immediately address the problems child care providers have in staying open and covering their increased operating costs with limited revenue during the COVID-19 pandemic. The bill establishes and provides $50 billion in appropriations for the Child Care Stabilization Fund to award grants to child care providers during and after the COVID-19 public health emergency. The fund is within the existing Department of Health and Human Services Child Care and Development Block Grant (CCDBG) program, and the grants must be administered by the existing CCDBG lead agencies of states, tribes, or territories.

Congress Adjourns for the August Recess

The House of Representatives adjourned for the August recess July 31 and the Senate is leaving Washington, D.C. today. All members are on standby should an agreement be reached with regard to another COVID-19 relief bill.

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.