STATE UPDATE (Accurate as of 10/18/2020)

NC General Assembly 

The North Carolina General Assembly (NCGA) returned to Raleigh for a two-day mini-session back in September to allocate federal Coronavirus dollars. Besides some committee meetings, there has been little activity at the NCGA due to election season. The one thing that could bring them back is if additional federal funds would need to be allocated. However as you will see in the Federal update section, this is unlikely. 

The long session of the NCGA will begin on January 13, 2021. This session will include passing a two-year budget. There are many factors that will affect this budget: 

• NC revenue is down due to COVID
• There is uncertainty about another federal stimulus package, and
• The elections will likely change the faces at the legislature. 

The Council’s policy committee is actively following these factors and will continue to seek input as we develop policy priorities for the next year. 

Policy

North Carolina has used the ‘Appendix K’ to request and receive permission from the Centers for Medicare and Medicaid Services to offer more flexibilities for the NC Innovations waiver. These have been helpful for individuals and families during the pandemic. Recently, the issue of use of Innovations services during school hours arose as children often were experiencing reduced hours of instruction through virtual/remote schooling. The Council joined with other groups to provide feedback to NC Medicaid and the Department of Public Instruction (DPI) about the challenges that many families were facing. NC Medicaid was able to secure additional flexibilities through the Appendix K to help resolve this issue. 

“Respite may be utilized during school hours for sickness, injury, when a student is suspended or expelled, or school hours during the public health emergency that necessitates remote learning.”

Medicaid Transformation

DHHS has resumed implementation of managed care and is planning to launch the Standard Plan on July 1, 2021. Until that time, beneficiaries will continue to receive care through the current fee-for-service model. As a reminder, Standard Plans will launch first and serve the majority of Medicaid and NC Health Choice beneficiaries enrolling in Medicaid managed care. Behavioral Health I/DD Tailored Plans will serve populations with more significant behavioral health conditions, intellectual or other developmental disabilities (I/DD) and traumatic brain injury (TBI). The launch of the Tailored Plan will be one year after implementation of the Standard Plans.

Voting

The November elections are fast approaching. Some key dates to keep in mind:

• Oct 27 – Last day to request absentee ballot. (Do this as soon as possible because Absentee Ballots have to be postmarked by Election Day at 5 pm AND received by Nov 6th in order to be counted)
• Oct 31 - Early Voting ends
• Nov 3 – Election Day

Multi Partisan Assistance teams (MAT) are available in each county to provide assistance with mail-in absentee voting and other services to voters living in facilities and voters with disabilities. Contact your county board of elections to request MAT assistance. They can provide the following help.

• Providing voter registration services
• Requesting an absentee ballot
• Serving as an absentee witness
• Marking the absentee ballot
• Sealing the ballot and completing the absentee application
• Mailing the voted absentee ballot in the closest U.S. mail depository or mailbox, if the voter has a disability

For a complete guide to voting, visit Help for Voters with Disabilities or Access the Vote NC - Access the Vote NC - Accessible Voting - DRNC

FEDERAL UPDATE

In our last Highlights & Hot Topics (HHT), it was noted that the continued partisan disagreement over the scope of relief needed to address COVID-19 would make it unlikely that a standalone COVID-19 relief package will pass before the November election. As you recall, the House passed the HEROES Act in May, and later the HEROES Act 2.0 which was a less robust version of the bill. Both of these included items that would help people with I/DD including Medicaid funding and funding for home and community-based services (HCBS). The second HEROES Act was proposed in an effort to re-start discussion and negotiations between the House and Senate. Recently, Republican leadership proposed a smaller package which could possibly come up in the Senate in the coming days. Yet it is unclear if the Senate will consider this bill at all. In addition to the basic disagreements about a package, the confirmation hearings also interrupted talks about the fourth stimulus package making it even more difficult to come to an agreement. 

The confirmation hearings for Amy Coney Barrett, the nominee to replace the late Supreme Court Justice Ruth Bader Ginsberg, has taken over Congress’ activity over the last few days. She seems to have a clear path to being confirmed. Concerns have been raised about Judge Barrett’s record on issues that impact the disability community, including the Affordable Care Act (ACA). The ‘pre-existing conditions’ aspect of the ACA is at risk of being overturned with a case coming before the Supreme Court this fall. Judge Barrett is expected to be confirmed prior to the November election.