Policy Corner: November 16, 2018

Congress Returns to Town After Mid-term Elections

This week, Congress returned to the Capitol after the mid-term elections that were held Nov. 6. One critical order of business is to fund seven of the twelve individual appropriations bills prior to Dec. 7 or face a shutdown with regard to agencies and programs that are affected. The appropriations bill that funds programs administered by the Departments of Labor, Education and Health and Human Services has already passed and signed into law, providing funding for these programs through Sept. 30, 2019.

Advocates Pushing for Money Follows the Person Legislation

Yesterday was designated as a national call-in day urging the passage of the EMPOWER Care Act (H.R. 5306/S.2777). which extends the Money Follows the Person program for this year. The Money Follows the Person (MFP) initiative helps people with brain injury and older adults who want to move out of nursing homes or other institutions to get back into their communities. Nearly every state has participated in the program, however the MFP initiative expired Sept. 30, 2016. The House Energy and Commerce Committee advanced the bill Sept. 13.

New Members Come to Washington for Orientation and Election of Leaders

Men and women recently elected for the first time as U.S. Representatives or Senators arrived in Washington, D.C. this week for orientation before they are officially sworn in on Jan. 3, 2019. The House freshman class is considered to be the most diverse in U.S. history. At least 35 women were elected, bringing the total number of women serving in Congress to nearly 100, with another 23 women in the Senate. A total of 92 combat veterans will also be serving in the House and Senate. Although there are still some offices yet to be determined, the results to date indicate that the Democrats will lead the House and the Republicans will continue to be the majority party in the Senate. The Senate elected basically the same leaders for the upcoming 116th Congress, while the House Democrats will determine leadership after Thanksgiving. House Republicans elected Rep. Kevin McCarthy (R-Calif.) as the Minority Leader.

Faces Change in the House and Senate Due to Mid-term Elections

In the Senate, three (or possibly four) incumbent Democratic Senators were defeated: Claire McCaskill (D-Mo.); Heidi Heitkamp (D-N.D.); Joe Donnelly (D-Ind.); and potentially Bill Nelson (D-Fla.), depending on the outcome of the recount. Republican Senators who lost: Dean Heller (R-Nev.). The Mississippi incumbent Senator, Cindy Hyde-Smith (R) faces Democratic former Agriculture Secretary Mike Espy in a runoff election scheduled Nov. 27, as neither one received the state’s required 50% of the vote to be declared the winner. A Democrat picked up a seat in Arizona vacated by Sen. Jeff Flake (R); Kyrsten Sinema (D-Ariz.) has been the declared winner. Other newcomers in the Senate: Mike Braun (R-Ind.); Josh Hawley (R-Mo.); Jacky Rosen (D-Nev.); Kevin Cramer (R-N.D.); Marsha Blackburn (R-Tenn.); and Mitt Romney (R-Utah). Florida is still re-counting the votes between Sen. Bill Nelson (D) and Governor Rick Scott (R) for the senate seat currently held by Sen. Bill Nelson.

Votes are still being tallied for a few House seats. There were ten Democrats and 23 Republicans who retired. So far, the Democrats have gained 37 seats, which is more than needed to flip the House to Democratic leadership. Just this week, several Democrats were determined to have won seats previously held by Republicans. Only one Republican will be representing New Jersey and Sen. Susan Collins (R-Maine) will be the only Republican elected to represent Maine with all Members of the House to be Democrats. Senator Angus King (I) was re-elected in November.

State Elections Impact Governorships and Medicaid Ballot Issues

In addition to federal elections, several state governorships were on states ballots. Democrats flipped seven governorships, with Georgia still too close to call. Republicans flipped one governorship in Alaska. Democrats will see a net gain of five legislative chambers. This will bring the new chamber count to 62 Republican and 37 Democratic.

Three states passed ballot initiatives to expand Medicaid. Voters in Idaho, Nebraska, and Utah approved measures to expand Medicaid under the Affordable Care Act (ACA) provisions. Montana also had the measure on the ballot with funding coming from a proposed cigarette tax increase. That measure failed. Medicaid expansion allows people, including working adults, living up to 138 percent of the federal poverty level to be eligible for Medicaid.

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