Public Policy Update (as of 7/23/24)

STATE

Legislative

The NC Legislature ended the short session in June, and it plans to reconvene monthly through the end of year. The House and Senate were not able to come to an agreement on the budget bill, so the session ended without an omnibus budget adjustments act.

In lieu of a budget, two areas of priority were addressed through appropriation bills:

• Child Care Funding – To address the gap in funding created when the Public Health Emergency ended, funds were appropriated to DHHS for Child Care Stabilization Grants. Additional funds were allocated to address the waitlist for children eligible for subsidized child care.
• Teacher and State Employee Raises – Funding to adjust teacher salaries and state employee salaries.

The monthly sessions will address legislative issues such as veto overrides and could possibly address additional budget adjustments. Below is the schedule of planned legislative sessions:

• Monday, July 29, 2024, at 12 p.m.
• Monday, September 9, 2024, at 12 p.m.
• Wednesday, October 9, 2024, at 12 p.m.
• Tuesday, November 19, 2024, at 12 p.m.
• Wednesday, December 11, 2024, at 12 p.m.

The 2023 Regular Session will officially adjourn on December 13, 2024.

Tailored Plan Launches

On July 2, 2024, NC Medicaid transitioned its members with intellectual and other developmental disabilities (I/DD) and traumatic brain injury (TBI), along with those with serious mental health or substance issues, to a Tailored Plan for their Medicaid Coverage. These plans provide comprehensive coverage for doctor visits, prescriptions, and behavioral health services. For people with I/DD, the Tailored Plans also manage specialized services such as Innovations, 1915(i) services, state funded services, in-lieu of services, and Tailored Care Management (TCM). These specialized services are not available in the Standard Plan.

To learn more about Tailored Plan, check out these free materials Toolkit Resources or contact the Medicaid Enrollment Broker at 1-833-870-5500.


FEDERAL

Addition of ‘Care Workers” in Standard Occupational Classification

The Federal Register recently published a call for feedback on suggested updates to the care worker classification system. The proposed updates aim to better classify and recognize care workers, including Direct Support Professionals working with people with IDD, reflecting the important role DSPs play in our lives. This is an important update for our advocacy efforts as we work to increase pay for DSPs. They want to hear your thoughts on how job categories should be updated to better describe and recognize care workers, including Direct Support Professionals (DSPs). The document seeks feedback on definitions, classification criteria, and potential impacts. Comments can be submitted until August 12, 2024. You can access the full document and details on how to submit your comments by visiting the Standard Occupational Classification (SOC)-Request for Comments webpage. Additionally, HR 2941, defines Direct Support Professionals (DSPs). DSPs provide vital support to individuals with disabilities, assisting with daily activities and promoting independence. Learn more about H.R. 2941 - Recognizing the Role of Direct Support Professionals Act.

Subminimum Wage Issue

Last fall, the U.S. Department of Labor began a comprehensive review of Section 14(c) of the Fair Labor Standards Act. This section allows employers to obtain special certificates from the Labor Department permitting them to pay workers with disabilities less than the minimum wage of $7.25 per hour. The review was to examine how 14(c) is currently being used and determine the future use of the rule. More than 2,000 people participated in a series of stakeholder engagement sessions held last fall as part of the review. It’s not yet clear what changes could be in store, but advocates have pushed to do away with the Section 14(c) program altogether. The Department of Labor is reviewing and considering input as they plan for next steps. It plans to issue a notice of proposed rulemaking related to Section 14(c) of the Fair Labor Standards Act by September.