Public Policy Update (as of 11/22/24)

Federal 

Budget and Appropriations 

As a reminder, on September 25, 2024, Congress passed a three-month long Continuing Resolution (CR) that extends government funding through December 20, 2024 (H.R. 9747). The CR includes an extension of funding for the Autism CARES Act of 2019, delaying its sunset until December 20, 2024 and teeing up a new vote for the Autism CARES Act of 2024.

Members of Congress were in their home states during October and through the election. Members returned to their offices on Capitol Hill on November 12, 2024 with only a few weeks left to reach a final agreement on fiscal year (FY) 2025 spending before the current continuing resolution expires on December 20, 2024. Before the election, it was thought that Congress might pass another CR that would last until February or March 2025. However, with Republicans now poised to control both chambers of Congress as well as the White House in 2025, some are pushing to finalize an FY25 spending bill before the end of the year. 

Appropriations leaders, including Senate Committee on Appropriations Chair Patty Murray (D-WA) and Vice Chair Susan Collins (R-ME) and House of Representatives Committee on Appropriations Chair Tom Cole (R-OK) and Ranking Member Rosa DeLauro (D-CT), have voiced support for finalizing the FY 2025 spending bills before December 20, 2024 but will need to reach a topline spending agreement before Congress adjourns for the Thanksgiving break. 

Before the CR, there was some initial work on budget. The House bill contained massive overall cuts compared to last year, but level-funding for many programs in the Administration for Community Living including the University Centers for Excellence in Developmental Disabilities (UCEDD), the Health Resources and Services Administration (HRSA), and the Leadership Education in Neurodevelopmental Disabilities (LEND) Program. 

There is opportunity after Thanksgiving to educate your Senators and Representatives about the need to increase funding for Home and Community Based Services (HCBS) for people with I/DD to address waiver waitlists and direct support professional (DSP) wages. 

Care for Military Kids Act 

On September 23, 2024, the U.S. House of Representatives voted unanimously to pass the Care for Military Kids Act (H.R. 8108), which would ensure children in military families receiving HCBS can continue receiving coverage when their families move throughout the country due to a parent’s military service. The legislation is sponsored by U.S. Representatives Jen Kiggans (VA-R-2) and Marcy Kaptur (D-OH-9). This bill will need to be passed by the Senate.  

Think Differently Database Act 

On September 17, 2024, the U.S. House of Representatives Committee on Energy and Commerce passed the Think Differently Database Act (H.R. 670). The bipartisan legislation, sponsored by Representatives Marc Molinaro (R-NY-19) and Mikie Sherrill (D-NJ-11) in the House, and Senators Eric Schmitt (R-MO) and Jon Ossoff (D-GA) in the Senate, would create a comprehensive, national website database of support services and resources for people with disabilities in every state. This will be going to the House for a vote.  

Census Hits Pause On Revising Disability Questions 

The U.S. Census Bureau will not make any changes to the way it counts the number of Americans with disabilities for at least two years following concerns that planned updates could lead to a severe undercount. The agency proposed sweeping changes to its disability questions last year. Census officials wanted to reorder and reword the series of six disability questions in the American Community Survey while adding a new question about psychosocial, cognitive disabilities, and problems with speech. In addition, people would be asked to rate the level of difficulty they have with various functions rather than simply responding with “yes” or “no.” Advocates pointed out that in order to be counted as having a disability under the proposal, a person would need to respond to at least one question with “a lot of difficulty” or “cannot do at all.”  Advocates warned the change could lead to a 40% drop in the number of people considered to have a disability. 

In response to the proposal, the Census Bureau received over 12,000 comments, many of which were critical, and paused the plans. After meeting with stakeholders in the disability community, the Census Bureau is extending that pause. 

LaTonya Reeves Freedom Act (S.1193 and HR 2708) 

The Latonya Reeves Freedom Act, named to honor a Coloradan who fled Tennessee to gain the freedom to live in her own home, would protect and expand the civil right of Americans with disabilities to receive long-term services and supports (LTSS) in the setting of their choice. The bill would codify the 1999 U.S. Supreme Court ruling in Olmstead v. L.C., assuring people with disabilities have the qualified right to be treated in a setting of their choice. Bills have been introduced in both the Senate and the House and have bi-partisan support, but have not moved forward during this session. In an effort to move the bill, Rep. Steve Cohen (D-TN) filed a Discharge Motion on November 13, 2024. This motion was introduced in the House on November 17, 2024. This motion would move the proposed bill to the floor of the House without going through a committee. 

State 

Legislative 

The short session began April 24, 2024 and ended in June 2024; however, the legislature continued to meet monthly with a plan to officially adjourn the Regular Session on December 13, 2024.  

In October, they met twice to address Hurricane Helene. On October 9, 2024, the Disaster Recovery Act of 2024 was passed. It allocated $273 million dollars with the largest portion directed for state and local match for federal disaster assistance. 

On October 24, 2024, the Disaster Recovery Act of 2024 – part 2 was passed. It was a $604 million package which included: 

• $25,000,000 to the Department of Health and Human Services (DHHS), Division of Central Management and Support, for mental health crisis supports and for support for individuals with intellectual and other developmental disabilities (I/DD). Funds used for mental health must be used for crisis services. 
• $65 million toward public schools.
• $12 million to support local health departments. 
• $10 million for childcare centers and family childcare homes. 

In addition, it included $2 billion to the state’s Opportunity Scholarship school voucher program over the next decade. The bill was later vetoed by the Governor due to the private school vouchers.  

The legislature reconvened the week of November 19, 2024 and the House of Representatives voted to override Cooper’s veto by a 72-44 margin, with three Democrats joining all Republicans present in favor. On Wednesday, the state Senate followed suit, overcoming the veto with a 30-19 vote. 

A bill titled Disaster Relief-3/Budget/Various Law Changes was passed during the reconvening of the legislature. While it is described as the third round of relief for western North Carolina, it provides just a fraction of the spending allocated in the previous packages. It also contains some controversial changes to power within the executive branch and some restrictions on the governor’s and attorney general’s offices.  It also makes changes to absentee voting, ballot counting, the highway patrol and the judiciary. If vetoed by the Governor, it would force the need for another override vote.  

DMH/DD/SUS Strategic Plan 

The Strategic Plan is available on the state website. The primary goals include: 

• Increase access to care across the state 
• Improve access to quality IDD and TBI services 
• Prevent substance misuse and overdose 
• Build the workforce 
• Strengthen the crisis system 
• Expand service for individuals in the justice system 
• Amplify recovery and community-based services 

The plan, which has been presented to the Council members, includes more detail under each goal, as well as strategies and measures. Here is the link to the plan: DMH/DD/SUS Strategic Plan for 2024-2029.