Policy Corner: September 30, 2022
Categories: Policy Corner Archives
Congress Works to Pass Continuing Resolution to Fund Federal Government
As the federal fiscal year ends at midnight tonight, both the House of Representatives and the Senate have been working to pass a continuing resolution to keep government open. Yesterday, the Senate passed a continuing resolution (CR), the “Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023,” and the House is to consider it today. The CR would fund government through December 16. It also includes an additional $1 billion for the Low-Income Home Energy Assistance Program (LIHEAP) and funding to help communities recover from natural disasters.
Congress scheduled markups for individual appropriations bills for Fiscal Year (FY) 2023 in June. The Senate Appropriations Committee released its recommendations over the summer, including recommendations for increased funding for traumatic brain injury (TBI) programs in the Labor-Health and Services (HHS)-Education- Related Agencies funding bill. On July 20, the House passed a package of six FY 2023 federal funding bills which did not include the Labor-HHS-Education spending bill. Neither body has passed a spending bill with funding for FY 2023.
House Passes Trauma Systems and Emergency Care Act
This week, the U.S. House of Representatives voted to pass H.R. 8163, the “Improving Trauma Systems and Emergency Care Act,” which was introduced by Rep. Tom O’Halleran (D-Ariz.). The bill reauthorizes the U.S. Department of Health and Human Services (HHS) programs to improve coordination and access to trauma care and emergency services. Specific changes include requiring the Office of the Assistant Secretary for Preparedness and Response to develop guidance for and otherwise support states (and consortia of states) to coordinate and improve emergency medical services and trauma care during declared emergencies. The bill also expands eligibility for and revises (1) grants for improving emergency medical services and trauma care in rural areas, and (2) competitive grants for improving regional emergency medical and trauma systems. The House Energy and Commerce Committee advanced the bill with bipartisan support earlier this month.
Democratic Leaders File Amicus Brief to Support Individuals’ Rights Regarding Federal Programs
On Monday, House and Senate leaders submitted an amicus brief to the U.S. Supreme Court in the case of Health and Hospital Corp. of Marion County v. Talevski in support of the ability of individuals to use federal courts to enforce the requirements of certain federal programs, including Medicaid, the Supplemental Nutrition Assistance Program, Section 504 of the Rehabilitation Act of 1973, the Fair Housing Assistance Program, the Children’s Health Insurance Program, Head Start, and the Veterans Rehabilitation program. The case concerns Gorgi Talevski, who had dementia and experienced multiple violations of his rights at a nursing home. His wife sued his nursing home and its affiliates for violating his rights as a nursing home resident under the Federal Nursing Home Reform Act (FNHRA).
A lower court ruled in Talevski’s favor and on appeal the U.S. Court of Appeals for the Seventh Circuit concurred. The Appeals Court ruled that the law was intended to protect the rights of vulnerable nursing home residents like Talevski, and that the rights are enforceable under 42 U.S.C. § 1983 (Section 1983). Section 1983 is a longstanding federal law that allows individuals to sue for violations of their rights under the Constitution or federal laws. The Seventh Circuit’s ruling, however, is now in jeopardy as the U.S. Supreme Court prepares to hear the case in November.
The Democratic leaders wrote that Congress has long passed legislation, pursuant to its Spending Clause powers, which permit private suits brought under Section 1983 to remedy violations of such legislation. They argued that the Court should reject efforts to alter its established, uniform precedent. Congress allocates billions of dollars each year in federal funds to assist the states in providing services for the nation’s most vulnerable individuals. The lawmakers wrote that neither federal nor state authorities have sufficient resources to provide complete oversight over the funding provided to state programs. Instead, their attention must be often dedicated to systemic abuses, while preserving the option of aggrieved individuals to seek individual remedies in federal court.