North Carolina Council on Developmental Disabilities - NCCDD

Public Policy (as of October 10, 2022)

STATE

Legislature

The state legislature will return for the long session in January. 

Tailored Plan

The Medicaid Managed Care launch of the Tailored Plan (TP), which was scheduled to begin on December 1, 2022, has been delayed until April 1, 2023. Local Management Entities-Managed Care Organizations (LME-MCOs) that manage the program recognized the community’s concerns regarding e access to primary care physicians and other health providers. The delay will provide more time for the LME-MCOs to enroll additional providers into their networks so people will have choice in their care. For additional information visit NC DHHs website. 

While the TP will be delayed, the Tailored Care Management (TCM) will still begin on December 1, 2022. People who are eligible for the TP and the 1915(i) services can receive TCM beginning Dec 1 of this year. The TCM services will be provided by the LME-MCO, Care Management Agencies (CMA) or Advanced Medical Homes (AMH). Eligible participants can choose their care manager, or one will be assigned to them. The care manager assists with the coordination of physical, long-term services and supports, and behavioral health services. For more information on Care Management click here. 

The 1915(i) services will begin on December 1, 2022 or when Centers for Medicare or Medicaid Services (CMS) approves North Carolina’s request. Eventually, these services will replace the(b)(3) services that some people are currently receiving and will also open up services to many people who are waiting. People with I/DD who are Medicaid-eligible and meet the assessment criteria will be able to access these supports. Depending on when the CMS approval comes, there will be a period of time when (b)(3) services and 1915(i) services will both be available. During that time, people who are not currently receiving supports will have priority for the 1915(i). Those with (b)(3) services will continue to receive their current services until the launch of the TP in April 2023. Additional information on the services transition can be found here. 

Plain Language – The start of the Tailored Plan (TP) has been moved to April 1, 2023. Many people with intellectual and other developmental disabilities (I/DD) will have their supports managed through the TP when it becomes available.   Some other new services for people with disabilities, including Tailored Care Management (TCM) and 1915(i) services, will begin on December 1, 2022. 

FEDERAL

Congress Passes Continuing Resolution with Extra Funds for Social Security Administration

On September 30, Congress passed a Continuing Resolution bill, which will fund the government through December 16, 2022. This is necessary since Congress has not agreed on a final budget for the coming year. The Social Security Administration (SSA) is set to receive additional funds as part of this Continuing Resolution. The 10-week spending bill includes a $400 million “anomaly” for SSA. This means the agency will receive additional funds as if their overall budget for the year was $400 million higher than the previous appropriations bill. 

Plain Language – Congress is still working on a budget for the coming year. They passed a law that will keep providing money for most services to continue through mid-December. The Social Security Administration received some extra money, which may help people with disabilities. 

Congress Fails to Block Use of Shock on Residents With Disabilities at Judge Rotenberg Center

Congressional leaders passed a bill to fund the Food and Drug Administration for another five years. Unfortunately, this bill did not include the ban on the use of electric shock devices for behavior modification on people with disabilities. The brutal treatment is widely recognized as cruel, harmful and ineffective. Yet, the Judge Rotenberg Center (JRC), an institution in Massachusetts for people with intellectual and other developmental disabilities, still subjects its residents to this extreme practice. Advocates will continue to fight to include the ban in the year-end funding package.

Plain Language – The Judge Rotenberg Center in Massachusetts still uses electric shock on people with disabilities.  Advocates are trying to get Congress to pass a law to eliminate this harmful and ineffective practice. 

House Passes Bill to Eliminate Barriers for Students With Disabilities in Higher Education

On September 29, the House of Representatives passed the Respond, Innovate, Succeed, and Empower (RISE) Act [H.R. 4786] led by Representative Suzanne Bonamici (D-OR). This is part of the larger Mental Health Matters Act [H.R.7780], which is led by Representative Mark DeSaulnier (D-CA). The RISE Act would eliminate barriers that students with disabilities face when accessing accommodations in higher education. This bill will also have to be passed by the Senate to become law. You can read more here. 

Plain Language – Some Representatives in Congress are working on a bill to help people with disabilities get the supports they need for higher education. 

Bill Introduced to Remove the R-Word From Federal Law

On September 15, Representative Mark Pocan [D-WI-2] introduced the “Words Matter Act of 2022” [H.R.8863]. Although the R-word was stripped from most federal statutes more than a decade ago, there are more than two dozen instances where the term still appears in U.S. code. This bipartisan bill would update these laws with the term “intellectual disability." Advocates will continue to push for this legislation to be passed. 

Plain Language – Advocates continue to work with Congress to remove the “R-word from all legal language.