Policy Corner: November 18, 2022
Categories: Policy Corner Archives
SSA Conveys Need for Increased Funding
The Social Security Administration (SSA) has expressed concerns that without increased funding in the federal fiscal year (FFY) 2023 appropriations bill the agency cannot keep up with the demand for service due to the annual fixed cost increases, such as salaries, rent, and guard services. The Administration asked Congress for a continuing resolution funding in the amount of $800 million more than the FFY 2022 budget in order to maintain level service by hiring employees, funding fixed cost increases, funding information technology (IT) projects, and allocating overtime to help handle workloads. This request would relieve the agency of the problems it will inevitably experience, provided there is not an unexpected and significant increase in demand for services and programs. Congress provided nearly $100 million in additional funding in the continuing resolution that ends December 16, 2022. This amount provides enough funding to cover SSA’s fixed cost increases only through December, overtime at FY 2022 levels, and continued hiring at the start of FY 2023. This is not enough to cover SSA’s annual fixed cost increases or improve service.
SSA reports that it is currently operating with approximately 4,000 fewer employees since prior to the pandemic – a 7 percent drop, while also experiencing historically high levels of attrition. The result is that individuals seeking assistance are waiting an average of over six months for decisions on their initial disability claims and over 30 minutes to speak to a representative on SSA’s National 800 Number. Without additional funding in FY 2023, SSA will freeze hiring, cut overtime, and cut funding for critical IT investments.
The Brain Injury Association of America (BIAA) supports SSA’s funding requests in order to have sufficient staff to process claims and urges Congress to honor the funding accordingly. Advocates may also wish to support the SSA’s request in order for disability claims to be processed in a timely manner.
Brain Injury Advocates Support Funding for the CDC National Concussion Surveillance
BIAA joins national organizations in supporting funding for the Centers for Disease Control and Prevention’s (CDC) National Concussion Surveillance System in a letter to be submitted to House and Senate leadership as they work on FFY 2023 appropriations bill. Organizations request that leadership support the House Labor-Health and Human Services (HHS)-Education Appropriations Committee level of $4 million to fund the surveillance system. The Senate Labor-HHS-Education Appropriations Committee recommended $3 million, which the Traumatic Brain Injury (TBI) Program Reauthorization Act of 2018 (Pub. Law 115-377) authorized $5 million.
House Political Parties Propose Change in Leadership Positions
As the Republicans will control the House in January after winning enough seats in the midterm elections to secure at least a narrow majority, House Republicans on Tuesday elected Minority Whip Steve Scalise (R-La.) to serve as Majority Leader when the next session of Congress begins in January. It is anticipated that current Minority Leader Kevin McCarthy (R-Calif.) will be elected as the Speaker of the House next week.
On Thursday, current Speaker of the House Nancy Pelosi (D-Calif.) announced that while she will remain in Congress, she will not run for another term as Democratic leader. She is the first and only woman to hold the position of Speaker of the House and has been the leader of the Democratic Caucus for twenty years. House Majority Leader, Steny Hoyer (D-Md.) announced that he will also step down from his position and will not seek election to any Democratic leadership position. The Democratic Caucus will hold its leadership election on Nov. 30.
Senate Passes the Medical Marijuana and Cannabidiol Research Expansion Act
On Wednesday, the Senate passed H.R. 8454, the “Medical Marijuana and Cannabidiol Research Expansion Act,” which is now headed to the President for his signature. H.R. 8454, sponsored by Rep. Earl Blumenauer (D-Ore.), will create a process that makes it significantly easier to conduct research on cannabis for medical uses and clarifies that doctors can discuss cannabis with their patients without legal risk. Specifically, the bill directs the Drug Enforcement Administration (DEA) to follow specified procedures to register (1) practitioners to conduct marijuana research, and (2) manufacturers to supply marijuana for the research.
The bill includes various other provisions, including the provision that requires U.S. Department of Health and Human Services (HHS), in coordination with the National Institutes of Health (NIH) and relevant federal agencies, to report on the therapeutic potential of marijuana for various conditions such as epilepsy, as well as the impact on adolescent brains and on the ability to operate a motor vehicle. BIAA signed on to a letter organized by the Epilepsy Foundation of America in September urging passage of HR 8454.
Congress Returns to Tackle Bills During Lame Duck Session
This week, Congress returned to work on legislation yet to be passed this session, while also engaged in the election of new leaders for the next Congress. Two bills pending that have to pass are the spending bill to fund government after December 16, when the continuing resolution funding government currently ends, and the National Defense Authorization Act. Healthcare-related issues that could still be addressed before the end of the year include provisions to:
- Waive the 4 percent Medicare “PAYGO” sequestration cuts, scheduled to go into effect on January 1, 2023;
- Prevent Medicare physician fee schedule cuts, scheduled to go into effect on January 1, 2023;
- Block Medicare home health cuts, scheduled to go into effect on January 1, 2023;
- Extend the 5 percent incentive performance bonus for Medicare providers participating in Advanced Alternative Payment Models, scheduled to sunset at the end of 2022;
- Renew Medicare rural hospital payment programs;
- Postpone Medicare laboratory payment cuts;
- Extend increased Medicare reimbursement rates for COVID inpatient stays;
- Extend the Medicare hospital-at-home program; and
- Extend telehealth flexibilities and waivers that allow for Medicare reimbursement. Under current law, a subset of telehealth-related policies will be extended only for 151 days past the end of the federally declared Public Health Emergency. A bill to extend these policies through December 31, 2024, passed the House in July.