Policy Corner: December 14, 2018

House Passes TBI Legislation

The House of Representatives moved over twenty bills this week. Among the bills passed was H.R. 6615, the Traumatic Brain Injury Program Reauthorization Act of 2018 sponsored by Congressional Brain Injury Task Force Co-chairs, Reps. Bill Pascrell, Jr. (D-N.J.) and Tom Rooney (R-Fla.). The legislation reauthorizes the state grant and the protection and advocacy services grant programs administered by the Administration for Community Living (ACL), which is specified in the bill as the administering agency, as well as programs administered by the Centers for Disease Control and Prevention (CDC), through fiscal year 2024. It also authorizes appropriations for the CDC’s Injury Center’s National Concussion Surveillance System to provide a better estimate of the prevalence of TBI. The Senate previously passed S. 3657, the companion bill sponsored by Sens. Orrin Hatch (R-Utah) and Bob Casey, Jr. (D-Pa). The Senate is expected to pass the house bill before adjourning this Congress.

House Extends MFP Short-term and Extends Spousal Impoverishment Protections for HCBS

The House of Representatives passed H.R. 7217, the IMPROVE Act, Tuesday. Sponsored by Rep. Joe Barton (R-Texas), the IMPROVE Act extends the Money Follows the Person (MFP) Demonstration Program for three months and extends spousal impoverishment protections to a married spouse whose spouse qualifies for Medicaid home and community-based services (HCBS). The legislation allows the married spouse to retain a modest income and resources to pay rent, utilities, food, and medications while the other spouse receives long-term services and supports in the community. These are the same protections that a married spouse receives if the other spouse is in a nursing home. The Senate is expected to approve the bill before adjourning for the year.

The MFP Demonstration Program, which started in 2007, has helped older adults and individuals with disabilities, including persons with brain injury, to transition from nursing and other facilities back to the community. Grants were awarded to 43 states that participated in the program to help them to rebalance their long-terms services and supports to reflect more community options. Advocates plan to continue to work toward passage of the EMPOWER Act next year to extend the MFP program beyond the three months.

Senator Introduces Keep our PACT Act

Sen. Chris Van Hollen (D-Md.) introduced S. 3699, the Keep Our Promise to America’s Children and Teachers Act or “Keep Our PACT Act” Dec. 4. S. 3699 creates a path over ten years to fully fund both Title I of the Elementary and Secondary Education Act (ESEA) and the Individuals with Disabilities Education (IDEA). The purpose is to ensure that education is a priority in the federal budget for these programs. Title 1 of the ESEA provides financial assistance to local education agencies and schools with a high percentage of students from low-income families to help ensure that all children meet challenging state academic standards. The aim of IDEA is to ensure that free, appropriate public education is provided to eligible children with disabilities, just like to children without disabilities.

EMSC Bill Passes the Senate

S.3482, the Emergency Medical Services for Children (EMSC) Program Reauthorization Act of 2018, passed the Senate Tuesday and has been sent to the House for consideration. Sponsored by Sen. Bob Casey, Jr. (D-Pa.), the bill extends the EMSC program through fiscal year 2024. Administered by the U.S. Health Resources and Services Administration (HRSA), it is the only federal grant program specifically focused on addressing the distinct needs of children in pre-hospital and hospital emergency medical systems. EMSC funds and supports improvements in pediatric emergency care in every state and territory through competitive demonstration grants or cooperative agreements to state governments and accredited schools of medicine.

Congress Sends Farm Bill to the President

The House passed the Agriculture and Nutrition Act, known as the “farm bill,” Wednesday, after the Senate had passed the bill the day before. The President is expected to sign the bill. One of the controversial provisions was the Supplemental Nutrition Assistance Program (SNAP), known as the food stamp program, because the House had wanted strict work requirements similar to the Administration’s proposal. The House Republicans advocated for work requirements for older workers, those aged 49 to 59, as well as parents with children ages 6 to 12, in order to receive food stamps. The Senate did not support the proposal.

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