Policy Corner: December 23, 2022
Categories: Policy Corner Archives
House of Representatives Set to Vote on the Consolidated Appropriations Act
The House of Representatives is set to vote on the Consolidated Appropriations Act, 2023 today in order to keep federal government open past midnight tonight, when the continuing resolution funding government ends. Yesterday, the Senate passed a $1.7 trillion yearlong spending bill that would fund federal government through September 30, 2023. The Senate passed bill increased funding for brain injury and other disability programs that the Brain Injury Association of America (BIAA) has supported. In addition, the bill includes other provisions relating to Medicaid home and community-based services (HCBS) and the ABLE Adjustment Act. With regard to appropriations, the bill increased funding for these U.S. Department of Health and Human Services (HHS) programs:
Administration for Community Living (ACL)
- $13.118 million for the Traumatic Brain Injury program, a $1.3 million increase.
- $10 million for the Lifespan Respite Care Program, an increase of $2 million.
- $205 million for the National Family Caregiver Support Program, an increase of $11 million.
- $119 million for the National Institute on Disability and Rehabilitation Research (NIDILRR), an increase of $2.5 million.
- $2 million for ACL to implement Direct Care Workforce Demonstration project to identify and reduce barriers to entry for a diverse and high-quality direct care workforce, and to explore new strategies for the recruitment, retention, and advancement opportunities needed to attract or retain direct care workers.
- $400,000 for the Family Caregiving Advisory Council to monitor the National Family Caregiver Strategy.
Agency for the Healthcare Research and Quality (AHRQ)
- $228.6 for AHRQ, which includes $10 million set aside for Long COVID research; and
- Includes $750,000 for AHRQ to work with stakeholders to develop a research agenda and report for dissemination on health promotion, disease prevention, and intervention strategies for people with disabilities.
Centers for Medicare & Medicaid Services (CMS)
- Includes a five-year extension of Medicaid Money Follows the Person Program at $450 million per year through September 30, 2027.
- Includes a five-year extension of HCBS Spousal impoverishment protections through September 30, 2027.
- Includes a new policy requiring that all states must cover children under age 19 enrolled in Medicaid and Children’s Health Insurance Program (CHIP) for twelve months, regardless of changes in circumstances. Currently, 17 states do neither and six states only cover children in CHIP continuously for 12 months.
Centers for Disease Control and Prevention
- $8.25 million for the TBI prevention program, an increase of $1 million.
- $11 million for the injury control and research centers, an increase of $2 million.
- $3.05 million for the elderly falls program, an increase of $1 million.
National Institutes of Health (NIH)
- $47.5 billion for NIH, an increase of $2.5 billion.
- National Institute of Child Health and Development (NICHD), houses the National Center for Medical Rehabilitation Research (NCMRR), will receive an increase of $66 million for a total budget of $1.75 billion in FY 2023.
Senators Included ABLE Age Adjustment Act in the Spending Bill
The Consolidated Appropriations Act, 2023 included the provisions of the ABLE Age Adjustment Act, which would provide 6.3 million additional Americans with disabilities, including more than one million veterans, the opportunity to open an ABLE Account by extending access to people whose disability occurred between 26 and 46 years of age. Senator Bob Casey, Jr. (D-Pa.) was instrumental in including the provisions in the omnibus appropriations bill. Senator Casey and Representatives Tony Cárdenas (D-Calif.) and Cathy McMorris-Rodgers (R-Wash.) introduced S.331/H.R. 1219 to increase the age eligibility for ABLE accounts. On June 22nd, the Senate Finance Committee included the ABLE Age Adjustment Act in a retirement reform bill.
The Achieving a Better Life Experience (ABLE) Act of 2014 allowed states to create tax-advantaged savings programs for people with disabilities, including people living with a brain injury, whose disability occurred prior to age 26 to help pay for qualified disability expenses without jeopardizing certain federal benefits, such Supplemental Security Income (SSI) or Medicaid. The ABLE Age Adjustment Act provisions expand the age of onset from age 26 to 46 to be eligible to open an ABLE savings account.
Lawmakers Include Assistive Technology in Defense Authorization Bill
Earlier this month, Congress passed the National Defense Authorization Act (NDAA), which included the 21st Century Assistive Technology Act. President Biden is expected to sign the NDAA into law before the end of the year. The 21st Century Assistive Technology Act provides more money to help provide people with disabilities with assistive technology, such as wheelchairs, screen-readers, hearing aids, and more.
Originally enacted in 1998, the Assistive Technology (AT) Act has increased the availability of technology that enables people with disabilities to live, work, and participate in their communities more independently. The AT Act has not been reauthorized since 2004. However, the Workforce Innovation and Opportunity Act (WIOA) of 2014 transferred the administration of the program from the U.S. Department of Education to the U.S. Department of Health and Human Services’ (HHS) Administration for Community Living (ACL). Senators Bob Casey (D-Pa.), Susan Collins (R-Maine), Kevin Cramer (R-N.D.) and Lisa Murkowski (R-Alaska) introduced S. 2401 and Representatives Mark DeSaulnier (D-Calif.) and Joe Sempolinksi (R-N.Y.) introduced H.R. 9028 to reauthorize the program.
ACL Schedules TBI Stakeholders Day
The Administration for Community Living (ACL) will be hosting a virtual “Traumatic Brain Injury (TBI) Partners Day” on February 28, 2023, 12:00 – 4:00 pm (ET) in observance of March Brain Injury Awareness Month. Each year, ACL convenes interested parties to discuss important issues around TBI services, supports, and systems and to learn from other partners, individuals living with a brain injury, family members, support networks, and state and federal representatives. This year, ACL will feature sessions on aging, employment, the intersectionality of TBI and other medical and social issues, and peer support.
While the agenda is still being finalized, plans are to include state and federal representatives, as well as people living with a brain injury and family members in the sessions. Session participants will be given the opportunity to ask questions during each session. There will be no cost to register for the event. Mark your calendar and watch for further information!