Public Policy (as of September 28, 2023)

Federal

SSI Savings Penalty Elminiation Act

SSI has many rules that make it hard for people to save money and get out of poverty. The asset limit has not been updated since 1989. Assets include cash, money in bank accounts, most retirement accounts, and other financial resources. Right now, people who get SSI can only have $2,000 in assets. Married couples can only have $3,000.

On September 12th, the SSI Savings Penalty Elimination Act (S.2767/ H.R. 5408) was introduced by Senators Sherrod Brown (D-OH) and Bill Cassidy (R-LA) and Representatives Brian Higgins (D-NY) and Brian Fitzpatrick (R-PA). This bill would empower millions of people with disabilities to earn and save more money for their futures by increasing the asset limit.

Direct Support Professional Bill

The Bureau of Labor Statistics’ (BLS) Standard Occupational Classification (SOC) system lacks a code for DSPs, which makes it difficult to collect data and track DSP rates. The Recognizing the Role of Direct Support Professionals Act (S.1332) would take an important step toward the implementation of an SOC code. The original version was unanimously approved by a Senate Committee. Mandating the code would require the administration to consider this proposal when it updates the SOC system. The BLS website notes that a proposed update to the SOC system is likely to be introduced in 2024. Advocates have sent a letter to Senate leadership in support of this legislation.

Major Updates Proposed to Section 504

On September 14, The Department of Health and Human Services (HHS) published a major proposal to update its Section 504 of the Rehabilitation Act of 1973 rules. Section 504 prohibits disability discrimination by recipients of federal funding.

The proposed rule covers a wide range of issues including:

• Stopping discrimination in medical treatment,
• Ensuring accessibility of medical equipment,
• Eliminating discriminatory barriers in child welfare programs,
• Clarifying obligations to provide services in integrated settings, and
• Banning assessment tools that place a lower value of life on people with disabilities.

The proposed rule is open for comments through November 13, 2023. Learn more about the rule here.

State

Budget Update

Following months of negotiation, the legislature released a compromise budget on September 20th. Votes were held on the following two days and the budget was passed on September 22 and sent to the Governor’s Office. The Governor has indicated that he will allow the Budget to pass unsigned after 10 days of receiving it from the General Assembly.

Below are some highlights which affect people with I/DD and address the waiting list for Innovations, DSP wages, employment, and educational opportunities. While there are still great needs and we had hoped for a more robust response to the waiting list, the items below are a reflection of the education and advocacy efforts of NCCDD and our partners.

Innovations Waiver Direct Care Worker Wages Fund: Provides funds to increase the wages of direct care workers who provide services for individuals on the State's Innovations waiver. ($60,000,000 Recurring Funds)

Personal Care Services Rates: The Department of Health and Human Services, Division of Health Benefits, shall provide a rate of five dollars and ninety-six cents ($5.96) per 15-minute increment for personal care services provided to Medicaid beneficiaries through Medicaid Direct, Community Alternatives Program for Children (CAP/C), Community Alternatives Program for Disabled Adults (CAP/DA), and Community Alternatives Program Choice (CAP/CO).

Innovations Waiver Slots: Provides funding for an additional 350 individuals with intellectual and developmental disabilities to access services through the State's Innovations waiver program. ($10,000,000 Recurring Funds)

Competitive Integrated Employment: Provides funding to support competitive integrated employment through vocational rehabilitation services, day supports and community services for individuals with intellectual and developmental disabilities. ($5,000,000 Recurring Funds)

NC Psychiatry Access Line: Provides funds to maintain the North Carolina Psychiatry Access Line (NC-PAL), a telephone consultation service that connects providers with psychiatrists to advise on the behavioral health needs of patients, many of whom have IDD. NC-PAL operates in all 100 counties and helps to address the shortage of child psychiatrists in North Carolina. ($1,850,000. Recurring Funds)

North Carolina Assistive Technology Program: Provides funding to purchase equipment in order to maintain a statewide inventory of up-to-date assistive technology equipment to be used for assessment, training, and short- term equipment loans. ($400,000 Non-Recurring for 23/24 and 24/25)

Child Welfare and Family Well-Being: Provides supports to families caring for children with behavioral health or other special needs and strengthen available specialized behavioral health treatment options. (23/24 - 20,000,000 NR; 24/25 - $60,000,000 NR)

Career Pathways Support for Students with Intellectual Disabilities: Provides funds to create a regional support network that supports training and job opportunities for students with intellectual disabilities across the State. Funding provided for this purpose shall be used for the college, regional, and State- level infrastructures for the program, including a program director and technical assistance position at the Community College System Office (System Office). The System Office may also hire a part-time implementation coordinator with funds provided for this purpose. ($3,963,094 Recurring Funds)

Educational Opportunities Program: The Board of Governors of The University of North Carolina shall establish a College of Educational Opportunities Program for eligible students with intellectual and developmental disabilities. North Carolina State University shall develop and operate the Program beginning in the 2023-2024 fiscal year. North Carolina Central University shall adapt and operate the Program as developed by North Carolina State University for use beginning in the 2024-2025 fiscal year. ($3,000,000 Recurring NC State University beginning in 23/24; $3,000,000 Recurring NC Central University beginning in 24/25)

Vocational Rehabilitation Pilot Program: Creates a 3-year pilot program that will place vocational rehabilitation counselors in colleges to assist students with intellectual and developmental disabilities with their career-related goals. ($750,000 Non-Recurring)

Funding to the Division of MHDDSUS also included additional funding for several not-for-profits that support people with IDD including Special Olympics, Autism Society of NC, EasterSeals, UCP, The Arc of NC.

Medicaid Expansion

Passage of the budget also allows NC to move forward with Medicaid Expansion since it was tied to the budget. Governor Roy Cooper along with Secretary Kody Kinsley announced the new launch date for Medicaid Expansion in North Carolina. Medicaid Expansion will now start on December 1, 2023. 300,000 North Carolinians will be enrolled on day one. We estimate there are 600,000 people who will be eligible.

Guardianship Rights Bill Update

Thanks to the hard work and perseverance Senate Bill 615 has been passed and sent to the Governor.

An act to allow adult adoptees to be adopted by a former stepparent, the removal of certain redaction restrictions from adoption home studies, and the expansion of acknowledgment options for agency relinquishments for adoption, to make clarifying corrections to the notary laws, to update the guardianship accounting statute to allow for certain timing elections and extensions, to amend the general statutes to prevent the abuse or misuse of authority granted to an agent in a power of attorney, and to promote the rights and independence of persons subject to the guardianship process and to improve judicial oversight and accountability for guardians of the person.