Public Policy Update (as of 8/22/24)

STATE

Legislative

The NC Legislature ended the Short Session in June and 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.

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, 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.

We are looking forward to the Long Session which will begin in early January. This will be an opportunity to focus on priorities such as the wait list for services and increase in wages for direct support professionals.

1915(i) Services

The Medicaid 1915(i) services began in July. These services are Home and Community Based Services that replace services for those who were receiving b(3) services. 1915(i) also provides new HCBS services for others who have behavioral health needs, developmental disabilities, and TBI.

The organization where an individual receives Targeted Case Management is responsible for completing an independent assessment, transmitting the assessment to confirm eligibility, completing a Care Plan/Individual Service Plan, and gaining authorization for services from the Tailored Plan.

FEDERAL

Budget

The Federal Fiscal Year is October – September. The House has worked on funding bills that include legislation that would provide $185.8 billion in funding for the departments of Labor, Health and Human Services, and Education in fiscal year 2025, an 11% cut below the prior fiscal year. This House bill contains massive overall cuts compared to last year, but level-funds many programs in the Administration for Community Living including the University Centers for Excellence in Developmental Disabilities (UCEDD), and in the Health Resources and Services Administration (HRSA), the Leadership Education in Neurodevelopmental Disabilities (LEND) Program.

The Senate has not done as much work on their budget bills and Congress is on recess until September 8. The current federal budget was done six months late, and the 2025 budget timeline is now looking to stretch past its September 30 deadline.

If a federal budget is not passed by September 30, lawmakers will need to pass an emergency extension to avoid a shutdown. That is looking increasingly likely to last until after the election, when both the House and Senate could see a shift in the balance of power.

Autism CARES Act

This Autism CARES Act law is set to expire. Activities funded under the measure known as the Autism Collaboration, Accountability, Research, Education and Support, or Autism CARES Act will come to an end if the law is not extended by September 30.

The measure, which originated in 2006, allocates federal dollars for research, prevalence tracking, screening, professional training and other government activities related to autism.

The Autism CARES Act of 2024 has been approved by committees in the U.S. Senate and the House of Representatives, but it has yet to progress further in either chamber despite broad bipartisan support. Advocates are working to ensure that the House and Senate work collaboratively to reauthorize the Autism CARES Act before the September 30 deadline.

Feds To Enforce Accessibility Standards for Medical Equipment

The U.S. Department of Justice is finalizing a new rule aimed at dramatically increasing the availability of medical examination tables, weight scales and other diagnostic equipment that’s accessible to people with disabilities. Federal officials said late last week that they would implement a regulation under Title II of the Americans with Disabilities Act adopting technical standards that must be met by certain hospitals and health care clinics.

The rule was proposed earlier this year after numerous complaints that the Justice Department said it received from people with disabilities who have been denied basic medical services because of a lack of accessible equipment.