Capitol Insider

Capitol Insider for the Week of March 22

Major Recent Events
Members of Congress Unveil Bill to Make HCBS Available to All, Eliminate Institutional Bias  
Last week, Senators Maggie Hassan (D-NH), Bob Casey (D-PA), and Sherrod Brown (D-OH); and Representative Debbie Dingell (D-MI) released draft text of a bill to make Home and Community-Based Services (HCBS) a mandatory benefit under Medicaid and eliminate waiting lists. Currently, states are allowed to limit HCBS services through waiting lists, while they cannot do so for institutional placements. This bill eliminates that institutional bias. Additionally, it increases federal funding to provide for higher pay for direct support professionals. See The Arc’s statement.  

President Signs COVID Relief Reconciliation Bill  
On March 11, President Biden signed the COVID relief reconciliation package. Notable provisions include: Funding for HCBS: 10% FMAP increase for HCBS for one year. Extension of Supplemental Nutrition Assistance Program (SNAP) benefit increase through September Economic Impact Payments of $1,400 per person, including for adult dependents Temporary increase in premium tax credits under the Affordable Care Act Extension and expansion of tax credits for business that provide COVID leave Expansion of Earned Income Tax Credit for childless adults Expansion of and refundability for the Child Tax Credit for low-income families See The Arc’s statement.   Senate Approves Becerra Nomination   On March 18, the Senate approved the nomination of Xavier Becerra to be Secretary of Health and Human Services (HHS) by a vote of 50-49. HHS is the cabinet level department that administers most federal health and social service programs, including Medicare, Medicaid, Affordable Care Act programs, Developmental Disabilities Act programs, Head Start, and Temporary Assistance for Needy Families. Additionally, it oversees the Centers for Disease Control and Prevention, the Food and Drug Administration, and the National Institutes of Health.  

Senate Approves Garland Nomination
On March 10, the Senate approved the nomination of Merrick Garland to be Attorney General with a vote of 70-30. The Attorney General is a cabinet level position in charge of the Department of Justice, which is responsible for enforcing federal civil rights laws, including the Americans with Disabilities Act.   Senate Approves Fudge Nomination   On March 10, the Senate approved the nomination of Marcia Fudge to be Secretary of Housing and Urban Development with a vote of 66-34. HUD is the cabinet level department that oversees federal housing programs and enforces housing laws, such as the Fair Housing Act.  

Senators Introduce Disability Employment Incentives Act
On March 9, Senator Bob Casey (D-PA) and seven other Senators introduced the Disability Employment Incentives Act (S.630). This bill increases three tax credits for employers. The Work Opportunity Tax Credit, which provides incentives for businesses that hire people referred by vocational rehabilitation or who are on Supplemental Security Income or Social Security Disability Insurance, would be increased from $2,400 to $5,000. The Disability Access Expenditures Tax Credit would be increased from $5,000 to $10,000. The Architectural and Transportation Barrier Tax Credit would be increased from $15,000 to $30,000.
Announcements
Members of Congress Unveil Bill to Make HCBS Available to All, Eliminate Institutional Bias  
Last week, Senators Maggie Hassan (D-NH), Bob Casey (D-PA), and Sherrod Brown (D-OH); and Representative Debbie Dingell (D-MI) released draft text of a bill to make Home and Community-Based Services (HCBS) a mandatory benefit under Medicaid and eliminate waiting lists. Currently, states are allowed to limit HCBS services through waiting lists, while they cannot do so for institutional placements. This bill eliminates that institutional bias. Additionally, it increases federal funding to provide for higher pay for direct support professionals. See The Arc’s statement.  

President Signs COVID Relief Reconciliation Bill  
On March 11, President Biden signed the COVID relief reconciliation package. Notable provisions include: Funding for HCBS: 10% FMAP increase for HCBS for one year. Extension of Supplemental Nutrition Assistance Program (SNAP) benefit increase through September Economic Impact Payments of $1,400 per person, including for adult dependents Temporary increase in premium tax credits under the Affordable Care Act Extension and expansion of tax credits for business that provide COVID leave Expansion of Earned Income Tax Credit for childless adults Expansion of and refundability for the Child Tax Credit for low-income families See The Arc’s statement.  

Senate Approves Becerra Nomination  
On March 18, the Senate approved the nomination of Xavier Becerra to be Secretary of Health and Human Services (HHS) by a vote of 50-49. HHS is the cabinet level department that administers most federal health and social service programs, including Medicare, Medicaid, Affordable Care Act programs, Developmental Disabilities Act programs, Head Start, and Temporary Assistance for Needy Families. Additionally, it oversees the Centers for Disease Control and Prevention, the Food and Drug Administration, and the National Institutes of Health.  

Senate Approves Garland Nomination  
On March 10, the Senate approved the nomination of Merrick Garland to be Attorney General with a vote of 70-30. The Attorney General is a cabinet level position in charge of the Department of Justice, which is responsible for enforcing federal civil rights laws, including the Americans with Disabilities Act.  

Senate Approves Fudge Nomination  
On March 10, the Senate approved the nomination of Marcia Fudge to be Secretary of Housing and Urban Development with a vote of 66-34. HUD is the cabinet level department that oversees federal housing programs and enforces housing laws, such as the Fair Housing Act.  

Senators Introduce Disability Employment Incentives Act  
On March 9, Senator Bob Casey (D-PA) and seven other Senators introduced the Disability Employment Incentives Act (S.630). This bill increases three tax credits for employers. The Work Opportunity Tax Credit, which provides incentives for businesses that hire people referred by vocational rehabilitation or who are on Supplemental Security Income or Social Security Disability Insurance, would be increased from $2,400 to $5,000. The Disability Access Expenditures Tax Credit would be increased from $5,000 to $10,000. The Architectural and Transportation Barrier Tax Credit would be increased from $15,000 to $30,000.   Announcements  

Courts Permanently Block Public Charge Rule  
On March 9, the Department of Justice announced it would stop defending the public charge rule. Later that day, the Supreme Court and 7th Circuit Court of Appeals dismissed all pending appeals. As a result, the ruling from the North District of Illinois that blocked the public charge rule is now in effect. The public charge rule defines how the Department of Homeland Security decides who is inadmissible to the U.S. because the government thinks they are likely to become a “public charge,” based on the use of certain government benefits. The rule made it extremely difficult for people with disabilities to immigrate to the United States. It also discouraged those who are already here from using critical public benefits, including the Medicaid-funded home and community based services that many people with disabilities rely on to fully participate in their communities.  

CMS Announces Special Enrollment Period for Health Coverage  
The Centers for Medicare and Medicaid Services (CMS) has announced it will open a special enrollment period (SEP) for federal marketplace health coverage. Typically, individuals can only enroll in marketplace health coverage or change plans toward the end of the year or after a major life event. As a result of the COVID-19 pandemic, CMS opened a SEP from February 15 to May 15 for individuals in states that use the federally facilitated marketplace (healthcare.gov). Additionally, several states with states-based marketplaces have also announced special enrollment periods.  

Amtrak Accepting Claims in DOJ Settlement  
The Department of Justice recently announced the opening of the Compensation Fund in their 2020 settlement with Amtrak. Find more information here on how to submit a claim.