Disability Policy News | April 1, 2024 | Vol. MMXXIII

April 1, 2024 | Vol. MMXXIII | Issue 88

Budget and Appropriations

On March 22nd, President Biden signed into law the remaining Fiscal Year (FY) 2024 appropriations bills including the Labor, Health and Human Services, Education and Related Agencies (LHHS) bill. This bill funds most disability programs. Most disability programs were level-funded for FY 2024.

The process for FY 2025 is well underway. Following the State of the Union, President Biden released his FY 2025 budget. Many programs that provide direct services to people with disabilities, such as Medicaid’s Home and Community Based Services (HCBS) and special education are proposed to get increases. For example, the Budget proposes to invest $150 billion over ten years for Home and Community Based Services and proposes to provide $14.4 billion for special education. The budget also proposes to level fund many other programs for people with disabilities including the programs under the Developmental Disabilities and Bill of Rights Assistance Act, including the University Centers for Excellence at $43 million and the Autism and Developmental Disabilities program (that includes the Leadership in Education and Neurodevelopmental Disabilities program) at $56 million.

Plain Language

Congress has also already begun work to fund the government for next year, FY 2025. The President has released his FY 2025 budget.

Action Steps

Call and educate your Members of Congress on the importance of increasing funding for programs for people with disabilities in FY 2025. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.

Senate Passes the Recognizing the Role of Direct Support Professionals Act

On March 20^th, the Senate voted to pass the Recognizing the Role of Direct Support Professionals Act (S. 1332) by unanimous consent. The bill was introduced by Senator Hassan (D-NH) and Senator Collins (R-ME) on April 27^th, 2023. This bill will help to “address the critical need for more Direct Support Professionals in the workforce by improving the data collected on workforce trends.” On April 27, 2023, H.R. 2941, the same bill, was introduced in the House of Representatives by Representative Fitzpatrick (R-PA) and Representative Morelle (D-NY).

Plain Language

On March 20^th, the Senate voted to pass the Recognizing the Role of Direct Support Professionals Act (S. 1332). The bill was introduced by Senator Hassan (D-NH) and Senator Collins (R-ME) on April 27^th, 2023. The bill will make the government collect more data on direct support professionals, who are people that help people with disabilities every day.

Action Steps

Read the announcement on passage. Call and educate your Representatives on the importance of data collection for direct support professionals. You can reach your Representatives by calling the Capitol Switchboard at 202-224-3121.

Administration for Community Living Releases Toolkit on Independent Living and Rehabilitation Research

On March 26^th, the Administration for Community Living (ACL) released the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR) Toolkit. “The purpose of the toolkit is to tell NIDILRR's story, including NIDILRR’s history, role, framework, work, publications, and resources.” The toolkit is meant to provide all of this information in one place. The Toolkit is an educational resource for stakeholders who want to learn more about NIDILRR and its resources and as a communications resource for stakeholders who want educate others about NIDILRR’s work and resources. The toolkit includes descriptions of target populations for NIDILRR’s work, NIDILRR’s areas of focus, summaries of NIDILRR’s research grant investments, and more.

Plain Language

Action Steps

Read the Toolkit.

Centers for Medicare & Medicaid Services Release Final Regulation on Medicaid and Chip Coverage

On March 27^th, the Centers for Medicare & Medicaid Services (CMS) released the final regulation tiled Streamlining the Medicaid, Children’s Health Insurance Program, and Basic Health Program Application, Eligibility Determination, Enrollment, and Renewal Processes.

The regulation will protect and improve how millions of eligible people apply for, renew, and maintain health care coverage through Medicaid, the Children’s Health Insurance Plan (CHIP), and the Basic Health Program (BHP). Specifically, CMS seeks to reduce coverage disruptions, further streamline Medicaid and CHIP eligibility and enrollment processes, reduce the administrative burden on states and people applying to and enrolled in Medicaid and CHIP programs, and increase enrollment and retention of people eligible for the programs.

Plain Language

On March 27^th, CMS announced a new rule that will make getting some types of healthcare easier. The rule makes the process to get Medicaid, the Children’s Health Insurance Plan (CHIP), and the Basic Health Program (BHP) easier so people do not lose access to their healthcare.

Action Steps

Read more about the final regulation.

Food and Drug Administration Announces Proposed Rule to Ban Electrical Stimulation Devices

The Food and Drug Administration (FDA) announced a proposed regulation that would ban the use of electrical stimulation devices that are used for self-injurious or aggressive behavior. Currently, it is legal to use electrical stimulation devices to modify the behavior of children and adults. “FDA has determined these devices present an unreasonable and substantial risk of illness or injury that cannot be corrected or eliminated by labeling. This proposal follows a court decision vacating a prior ban and amendment to the Federal Food, Drug, and Cosmetic Act clarifying our authority to ban a device for one or more intended uses.” The FDA is accepting comments on the proposed regulation until May 28^th.

Plain Language

The Food and Drug Administration (FDA) has announced a new rule that will ban devices that are used for aggressive behavior, by giving an electric “shock” to the person. Currently, one school is using these types of devices. The FDA believes that using these devices causes serious injuries, and is accepting comments from the public until May 28^th.

Action Steps

Office of Disability Employment Policy’s Dialogue to Advance Disability Inclusion in Small Businesses

The U.S. Department of Labor’s Office of Disability Employment Policy (ODEP) is inviting members of the public to participate in the “Advancing Disability Inclusion in Very Small Businesses” national online dialogue. More than 90 percent of businesses in the United States have less than 50 employees, and approximately 1.8 million people with disabilities are small business owners. ODEP is interested in hearing more from the public about the challenges small business owners with disabilities are facing to operate their small business. ODEP is interested in the public sharing “policies, resources, tools, and actions regarding the needs of very small businesses that employ or are planning to hire disabled workers or are owned by disabled entrepreneurs.”

Plain Language

The U.S. Department of Labor’s Office of Disability Employment Policy is looking for ideas to help about how to help businesses owners with disabilities.

Action Steps