This Week in Public Policy

This Week in Public Policy, written by Ohio DD Council staff person Paul Jarvis, provides a summary of policy and legislative actions in Ohio and at the federal level that is of interest to people with disabilities.

March 13 - 17, 2023

This Week's Public Policy Updates

In Ohio

Catching Up: On Friday, March 10, 2023, the Ohio Office of Budget and Management released their monthly financial report for the month of February. General Revenue Fund tax revenues exceeded estimates by $124.1 million, marking the seventh straight month that revenues have exceeded expectations. For the year, total GRF revenues have been $774.1 million higher than expected. However, non-tax receipts were down again, causing total receipts to be $163.9 million below estimates, with federal grants again coming in much lower than expected. Other taxes that were unexpectedly lower included the Commercial Activity tax (-$7.4M), Cigarette and Tobacco (-$2.5M), Licenses and Fees (-$2.2M) and Other Sources (-$3.7M). On the spending side of the ledger, GRF disbursements were $2.1 billion, which was $400.8 Million below estimate. The largest contributor to lower spending in February was Medicaid, which totaled $606.8 million and was $372.5 million below estimate. Medicaid enrollment for the month of February was 3.56 million, broken down into major eligibility groups: Covered Families and Children = 1.92 million, Group 8 Expansion = 973,500, and Aged, Blind and Disabled = 515,100. Total actual revenue for the fiscal year = $27.9 Billion and total actual disbursements for the fiscal year = $28.3 billion.

On Tuesday, March 14, 2023, the House Finance Subcommittee on Health and Human Services heard testimony from Department of Developmental Disabilities Director Kimberly Hauck on House Bill 33 (2024-2025 Operating Budget). The committee received the DODD Redbook, which explains each program and line item in detail. There were 93 submissions of testimony on Tuesday, and witnesses included DD Council Chair Michael Denlinger, Arc of Ohio Director Gary Tonks, Ohio Provider Resource Association Director Peter More, Ohio Health Care Association Assistant Director Deb Jenkins, and Ohio Association of County Boards of Developmental Disabilities Executive Director Adam Hermann. Self Advocates Christine Brown, Bill Adams and Matt O’Nesti also testified. Much if not all of the testimony centered around the direct care workforce crisis and the need for additional funding to increase the average wage. All testimony can be found here. The committee also heard testimony from Kara Wente from Governor DeWine’s office regarding the proposal to create a new Department of Children and Youth.

On Wednesday, March 15, 2023, the House Finance Subcommittee on Health and Human Services heard testimony from Department of Health Director Dr. Bruce Vanderhoff. Other witnesses testifying on Wednesday included the Ohio Association of Food Banks, the Ohio Olmstead Task Force, Disability Rights Ohio, Changing Spaces Ohio, Advocacy and Protective Services, Inc. and others. All testimony can be found here.

On Wednesday, March 15, 2023, the House Finance Subcommittee on Primary and Secondary Education heard testimony on House Bill 33 (2024-2025 Operating Budget). Witnesses included Rachel Chilton, executive director of the Ohio School Psychologists Association. Chilton told the subcommittee the budget bill was underfunding the special education enhancement line item used to pay for school psychology interns. She told the committee the wage should match the teacher minimum salary, but has been overlooked for years, and to bring the wage up to the minimum, and additional $4 million is need each year. Lisa Followay, executive director of Adaptive Sports Ohio, also testified. Followay asked the subcommittee to reinstate the adaptive sports program within the Department of Education’s budget. All testimony can be found here.

On Thursday, March 16th, 2023, the House Finance Subcommittee on Health and Human Services heard testimony from Department of Medicaid Director Maureen Corcoran. The committee received the Department of Medicaid’s Redbook, which explains each program and line item in detail. Other witnesses testifying on Thursday included self-advocate Alicia Hopkins and parents Janemarie Sowers and Caroline Larhmann. The committee also heard from the Contact Center, Oral Health Ohio, and Northern Ohioans for Budget Legislation Equality (NOBLE). All testimony can be found here.

In Washington

Catching Up: On Thursday, March 9th, President Joe Biden issued his proposed budget for 2024. Included in the budget are statements on working with Congress to “improve the Supplemental Security Income program to help low-income older Americans and people with disabilities afford their basic needs.” The budget would also, “strengthen the EEOC’s steadfast enforcement of the Americans with Disabilities Act of 1990.” The budget proposes $16.8 Billion for IDEA funding, an increase of $2.1 Billion for Pre-K through 12, and proposes $932 million for IDEA Part C grants, an increase of $392 Million. The budget proposes $150 billion over 10 years to improve and expand HCBS, specifically mentioning personal care services and family caregivers as an area for investment.

On Tuesday, March 16, 2023, the Senate Committee on Banking, Housing and Urban Affairs held a hearing entitled, “Local Views on Public Transportation, Transit Infrastructure and Operations, and Federal Transit Programs.” The committee heard testimony from India Terry, CEO of the Greater Cleveland Regional Transit Authority, James Keel, Director of Public Transportation at Greenlink, and Michael McMillan, President of Amalgamated Transit Union. Terry, in her testimony, said the GCRTA supported the passage of the Infrastructure Investment and Jobs Act of 2021 and stated the impact of the law was an increase in GCRTA funds by 30%. She also stated GCRTA would be the recipient of grant funds created under the act, including funding for the All-Station Accessibility Program which will reconstruct the East 79th Street Light Rail Station.

Next Week in Public Policy

Did you know that all of the committee meetings listed here will be live streamed on the Ohio Channel? If you can’t make the hearing, you can watch it streamed live. In addition, if you can’t watch live, all committee meetings are archived on the site.

In Ohio

The House Finance Subcommittee on Health and Human Services is scheduled to meet 3 times next week. All testimony is scheduled for each hearing. On Tuesday March 21st and Wednesday March 22nd, the subcommittee is scheduled to meet at 10:00 a.m. in Room 313 of the Ohio Statehouse. The meeting scheduled for Thursday, March 24th will be held at 12:30 p.m. or immediately following House Session. Anyone wishing to testify should plan to submit their testimony no less than 1 day prior to the hearing for which they intend to speak. The committee has placed a 5-minute time limit on testimony and recommends all submitted testimony be done in PDF. Testimony can be sent to OHRFinanceSubHealth&HumanServicesCommittee@ohiohouse.gov.

In Washington

On Wednesday, March 22, the Senate Finance Committee will hold hearings to examine the President’s proposed budget request for fiscal year 2024 for the Department of Health and Human Services. The hearing will take place at 10:00 a.m. in Room 215 of the Dirksen Senate Office Building. The hearing will also be streamed live here. Secretary of Health and Human Services Xavier Becerra is scheduled to testify.

On Wednesday, March 22, the Senate Appropriations Committee. Subcommittee on Labor, Health and Human Services, Education and Related Agencies will hold hearings to examine the proposed budget estimates and justification for fiscal year 2024 for the Department of Health and Human Services. The hearing will take place at 2:30 in Room 138 of the Dirksen Senate Office Building. The hearing will also be streamed live here. Secretary of Health and Human Services Xavier Becerra is scheduled to testify.

On Thursday, March 23, 2023, the House Appropriations Committee, Subcommittee on Labor, Health and Human Services, Education, and Related Agencies will hold a Public Witness Day. The hearing will take place at 10:00 a.m. in Room 2358C of the Rayburn House Office Building. The hearing will also be streamed live here. Seventeen witnesses are listed on the committee’s webpage.

February 20 - 24, 2023

This Week's Public Policy Updates

In Ohio

On Monday, February 20, 2023, the House Finance Committee released a substitute version of the state’s Transportation Budget (House Bill 23). The transportation budget must be passed and enacted by March 31, 2023. Notable changes included in the substitute bill are:

Moves appropriations for public transit contained in House Bill 33 (Operating Budget) into House Bill 23 (Transportation Budget)
Extends the maximum length of an accessible parking windshield placard from 5 years to 10 years
Changes references of “handicap parking” to “accessible parking” and allows a ticket to be left on a vehicle violating accessible parking laws and increases fines.

Studies whether transit vouchers are an effective alternative to public transit in areas of low utilization.

On Wednesday, February 22, 2023, the House Finance Health and Human Services Subcommittee held testimony on House Bill 33 (2024-2025 Operating Budget). The committee heard testimony from the Joint Medicaid Oversight Committee and from Opportunities for Ohioans with Disabilities. Public testimony was also offered by Scott Marks (Ohio Provider Resource Association), Liz Owens (The Alpha Group), and Amanda Smith (ARC Industries, Inc.). Additional written testimony was submitted by RT Industries and United Cerebral Palsy of Greater Cleveland.

On Thursday, February 23, 2023, the House Finance Health and Human Services Subcommittee held testimony on House Bill 33 (2024-2025 Operating Budget). The subcommittee heard from Director Ursel McElroy and Dr. John Weigand from the Ohio Department of Aging. Additional public testimony was offered by Becky Clawson (Ohio Adult Day Healthcare Association), Denise Niese (Ohio Association of Senior Centers), Pete Van Runkle (Ohio Health Care Association), Susan Wallace (LeadingAge Ohio), Megan Kelley (Assisted Living Association), Beth Kowalczyk (Ohio Association of Area Agencies on Aging), Dr. Robert Applebaum (Scripps Gerontology), Holly Holtzen (AARP Ohio), Trey Addison (Alzheimer’s Association) and Patrick Schwartz (High Bridge Consulting). Additional written testimony was submitted to the committee. Of note was a request for average wages for direct support to be raised to $20 per hour in Van Runkle’s testimony. Additionally, witnesses urged wage parity across all systems.

In Washington

On Wednesday, February 22, 2023, the Consortium for Citizens with Disabilities published a six page letter to the leadership of the 118th Congress that highlighted the CCDs legislative priorities. While too many to list here, some highlights include reauthorization of the Autism CARES Act, increased funding for IDEA and ESSA, elimination of 14(c) subminimum wage certificates, prioritize hiring congressional staff with disabilities, expand Medicare, a request for $460 million for Section 811 Project Rental Assistance, create a Standard Occupational Classification system for Direct Support Professionals, pass the Better Care Better Jobs Act (S. 100), pass the HCBS Access Act making HCBS a mandatory Medicaid service (eliminating waiting lists), reduce guardianships and provide incentives for supported decision-making, reintroduce the SSI Restoration Act, oppose changes to ADA that require notification requirements, raise asset limits and make other improvements in SSI, and much, much more.

On Friday, February 24, 2023, the Government Accountability Office published a report entitled, “Subminimum Wage Program: DOL Could Do More to Ensure Timely Oversight.” The report indicates that employer participation in the 14(c) program decreased by about half from 2010 to 2019 and the number of workers participating in the program went from 296,000 to 122,000 over the same time period. GAO’s interviews with stakeholders indicate the decline in participation is sue to federal and state policies restricting the payment of wages below minimum wage. The report also evaluated the time it takes for DOL to process an application from an employer to participate or continue participating in the 14(c) program, and found the processing times varied from 2 days to over 2 years. The GAO report makes 3 recommendations to improve the time in which an application can be processed.

Next Week in Public Policy

In Ohio

On Tuesday, February 28, 2023, the House Finance Subcommittee on Health and Human Services will hear testimony on House Bill 33 (2024-2025 Operating Budget). The Ohio Department of Insurance is scheduled to testify. The hearing on Tuesday is scheduled to begin at 10:00 and will take place in Room 121 of the Ohio Statehouse. The subcommittee has also scheduled Open Public Testimony for Wednesday, March 1 and Thursday, March 2. Both Wednesday and Thursday meetings are also scheduled to meet at 10:00 a.m. but the location will be in the House Finance Hearing Room (Room 313) on these two days.

On Tuesday, February 28, 2023, the House Finance Transportation Subcommittee will hold ALL Testimony on House Bill 23 (Transportation Budget). See article above on included changes to the transportation budget related to disability advocacy. The hearing is scheduled to take place at 2:00 p.m. in Room 311 of the Ohio Statehouse.

On Tuesday, February 28, 2023, the House Finance Agriculture, Development and Natural Resources Subcommittee will meet to hear testimony on House Bill 33 (2024-2025 Operating Budget). The subcommittee is only considering testimony of invited agencies, which include the Ohio Housing Finance Agency, the Lake Erie Commission, the Ohio Racing Commission and the Ohio Expositions Commission. The hearing is scheduled to take place at 9:00 a.m. in Room 017 of the Ohio Statehouse.

On Tuesday, February 28, 2023, the House Ways and Means Committee will hear SPONSOR Testimony on House Bill 1 (Property and Income Tax Changes). The bill proposes to reduce from 35% to a maximum of 31.5% (adjustable each year based on a formula) of the assessed value of property that would be subject to property tax levies and proposes to cap the state’s income tax at 2.75% for anyone making more than $26,050. The meeting is scheduled to take place at 2:30 p.m. in Hearing Room 122 of the Ohio Statehouse.

On Wednesday, March 1, 2023, more than 500 individuals with disabilities, family members, county board professionals and other stakeholders are expected to participate in the Developmental Disabilities Awareness and Advocacy Day at the Ohio Statehouse. The theme for this year’s event is Pathways. The event will begin with a 1-hour program in the Statehouse Atrium at 10:00 a.m. followed by advocates meeting with their legislative offices to discuss their issues. In-person registration is full, but a streaming option is being offered. The event’s Facebook Page will post a link to the streaming option on Wednesday morning for those folks who have not registered to attend in person.

On Thursday, March 2, 2023, the House Finance Primary and Secondary Education Subcommittee will hear testimony on House Bill 33 (2024-2025 Operating Budget). The committee will hear testimony from the Ohio Department of Education and will be accepting public testimony. The hearing is scheduled to take place at 10:00 a.m. in Hearing Room 121 of the Ohio Statehouse.

In Washington

On Thursday, March 2, 2023, the Senate Health, Education, Labor and Pensions Committee will hold a hearing entitled, “Community Health Centers: Saving Lives, Saving Money.” The hearing is scheduled to take place at 10:00 a.m. in Room 430 of the Dirksen Senate Office Building. The hearing will also be streamed live here.

February 13 - 17, 2023

This Week's Public Policy Updates

In Ohio

On Friday, February 10, 2023, the Office of Budget and Management issued the January Financial Report for Ohio. For the month of January, GRF tax revenues exceeded the state’s estimate by $139.6 million, however, non-tax receipts were $152.6 million below estimate, putting the monthly total revenues roughly $13 million below what the state estimated. The bulk of non-tax receipts coming in below estimates is federal grants. Year-over-year comparisons show the state has collected $919.5 million more this year in taxes compared to the same period from last year. Non-tax receipts are $1.8 billion above last year’s collections for the same time period too. On the spending side of the ledger, for the month of January, General Revenue Fund disbursements totaled $4.1 billion and was $386.5 million above estimate. However, the monthly report states the reason the disbursement is higher than expected is due to the state stashing another $727 million into the Rainy Day Fund. All funds spending on Medicaid was $4.1 billion, which was $640.6 million above estimates. Medicaid enrollment in January was 3.55 million (55,400 above estimate), with 1.91 million in Covered Families and Children, 966,900 in Group VIII Expansion, and 515.200 in Aged, Blind and Disabled.

On Tuesday, the Senate Medicaid Committee heard testimony from Ohio Department of Medicaid Director Maureen Corcoran regarding the plan to disenroll individuals from Medicaid following the end of the pandemic. Corcoran informed the committee that while roughly 800,000 became eligible for Medicaid under special rules adopted during the pandemic, the Department only expects 220,000 of those individuals to be disenrolled.

The House Finance Subcommittee on Health and Human Services met on Tuesday, Wednesday and Thursday. On Tuesday, the subcommittee heard testimony from the State Board of Psychology, the State Medical Board of Ohio, the Ohio Chemical Dependency Professionals Board and the Ohio State Chiropractic Board. On Wednesday, the subcommittee heard testimony from the Ohio Commission on Minority Health, the Counselor, Social Worker, and Marriage and Family Therapist Board, and the Ohio Board of Nursing. On Thursday, the committee heard proponent testimony from the American Heart Association.

On Thursday, February 16, 2023, the House Finance Primary and Secondary Education Subcommittee heard testimony from the Ohio School for the Blind and the Ohio School for the Deaf. The superintendent for both schools, Lou Maynus, told the subcommittee the budget proposal would continue to support shared services between the two schools. The restructured, “Ohio Deaf and Blind Education Services,” are slated to receive more than $33 million each year of the biennium, an 8.1 and 1.4 percent increase. The subcommittee also received testimony from Gregg Thornton, representing the Ohio Speech and Hearing Professionals Board.

In Washington

On Thursday, February 16, 2022, the Senate Health, Education, Labor and Pensions Committee held a hearing entitled, “Examining Health Care Workforce Shortages: Where Do We Go From Here?” Testifying before the committee were James Herbert, PhD (University of New England), James E.K. Hildreth, Sr., PhD, MD (Meharry Medical College), Sarah Szanton, PhD, RN (Johns Hopkins School of Nursing), Leonardo Seoane, MD (Ochsner Health), and Douglas Staiger, PhD (Dartmouth College). Witnesses discussed the need for more nurses and physicians.

On Thursday, February 16, 2023, the Senate Committee on Agriculture, Nutrition, and Forestry held a hearing entitled, “Farm Bill 2023: Nutrition Programs.” Testifying before the committee were Stacy Dean (Food, Nutrition, and Consumer Services – Dept. of Agriculture) and Cindy Long (Administrator – Dept. of Agriculture). Dean told the committee that the USDA estimates that participation in SNAP will decline by 1 million people between 2023 and 2024. Dean also stated the Department is working to combat benefit theft, to promote nutrition security, to improve nutrition education, and to provide incentives from increased fruit and vegetable consumption and the consumption of low-fat milk.

Next Week in Public Policy

In Ohio

On Wednesday, February 22, 2023, the House Finance Health and Human Services Subcommittee will hold testimony on House Bill 33 (2024-2025 Operating Budget). In addition to public testimony, the committee will hear testimony from the Joint Medicaid Oversight Committee and from Opportunities for Ohioans with Disabilities. The hearing will take place at 10:00 a.m. in Room 116 of the Ohio Statehouse. Anyone wishing to testify should contact the Chairwoman’s office and be prepared to submit written testimony no less than 24 hours prior to the start of the committee.

On Wednesday, February 22, 2023, the House Finance Primary and Secondary Education Subcommittee will hold testimony on House Bill 33 (2024-2025 Operating Budget). The committee will hear testimony from the Ohio State Dental Board and the Occupational Therapy, Physical Therapy and Athletic Trainers Board. The hearing will take place at 10 a.m. in Room 311 of the Ohio Statehouse.

On Thursday, February 23, 2023, the House Finance Health and Human Services Subcommittee will hold testimony on House Bill 33 (2024-2025 Operating Budget). In addition to public testimony, the subcommittee will hear from the Ohio Department of Aging. The hearing will take place at 10:00 a.m. in Room 116 of the Ohio Statehouse. Anyone wishing to testify should contact the Chairwoman’s office and be prepared to submit written testimony no less than 24 hours prior to the start of the committee.

In Washington

No pertinent hearings have been scheduled.

January 3 - 6, 2023

This Week's Public Policy Updates

In Ohio

On Monday, January 2, 2023, Ohio Senate President Matt Huffman announced the creation of two new committees for the 135th General Assembly in the Senate. The first, the Medicaid Committee, will be chaired by Senator Mark Romanchuk. Huffman said in a news conference on Monday the program needs more oversight because of the “breadth” of Medicaid spending and a need for, “real reform.” The second committee, Community Revitalization, will be chaired by Senator Terry Johnson, and its purpose will be to focus on programs for addiction recovery, senior citizens and people with disabilities and other communities.

On Tuesday, January 3, 2023, Representative Jason Stephens was elected Speaker of the House. Stephen’s election as speaker was made possible because House Democrats voted en masse for Stephens, upsetting the Republican caucus’s plans to elect Representative Derek Merrin.

On Thursday, January 5, 2023, Governor Mike DeWine signed House Bill 281 (Disability Terminology Act). The bill removed language from the Ohio Revised Code that was derogatory to individuals with mental illness and individuals with disabilities. The law will take effect in 90 days (3/3/23).

State Department Budget Requests have been made public. The requests focus more on funding than major programmatic changes. The Department of Developmental Disabilities highlights addressing the workforce crisis, supporting Ohio’s youth, embracing innovative technology supports, and modernizing the DD Waiver systems in their cover letter to Governor DeWine. A quick look at the funding request for the Department of DD’s budget:

Budget Fund Group	Actual			Estimated	Requested
Budget Fund Group		2020	2021	2022	2023	2024	2025
Internal Service Activity	$8,518,834	$9,000,000	$11,774,492	$14,318,934	$31,000,000	$31,000,000
General Revenue	$675,708,772	$622,532,435	$723,230,567	$816,411,019	$839,119,650	$858,583,909
Dedicated Purpose	$410,862,666	$415,149,051	$446,574,538	$601,514,022	$613,316,874	$632,316,874
Federal	$2,056,338,398	$2,387,961,760	$2,363,498,472	$2,496,506,367	$2,487,655,558	$2,558,720,343
Total	$3,151,428,669	$3,434,643,246	$3,545,077,970	$3,928,750,342	$3,971,092,082	$4,080,621,126

On Wednesday, January 4, 2023, the Department of Developmental Disabilities announced the selection of Deloitte Consulting LLP to work on the waiver system redesign and modernization.

In Washington

On December 29, 2022, President Joe Biden signed HR 2617, the Consolidated Appropriations Act of 2023. Tucked into the 1600+ page bill was language to expand the number of individuals eligible for an ABLE account. The ABLE Age Adjustment Act allows individuals whose disability is incurred prior to age 46 (instead of 26) to be eligible to open and maintain an ABLE account. However, the change in the law does not take effect until 2026.

Next Week in Public Policy

In Ohio

The first few weeks of a new legislative session are typically quiet, especially with new leadership in the House. Over the next two to three weeks we will begin to see bills be introduced (usually bills identified as priorities by leaders are assigned the first 1-10). Respective caucuses will hold retreats to discuss priorities, work out committee assignments, and generally get to know new members. Some offices still haven’t hired legislative staff.

Governor Mike DeWine is expected to give his State of the State address on Wednesday, February 1, 2023.

In Washington

As of this writing, the House had still not selected a Speaker. The US Senate has scheduled State Work Periods through January 20th, meaning the Senate will likely not come back together until the third week of January.

December 14, 2022

Lame Duck - Omnibus Amendment - ARPA Funds

A special mid-week alert to inform you of the omnibus amendment accepted to House Bill 45 last night by the Senate Finance Committee that appropriates remaining ARPA funds, reappropriates other funds, and makes varying other changes. Sharing the amendments pertinent to DD and other health and human service concerns. These are in no special order, just the order they appear in the omnibus.

Creates the Ohio Adoption Grant Program – provides $15 million in funding for the grant program. Authorizes a one-time payment to parents who adopt a child after January 1, 2023. Payments in the amount of $10,000 for each adopted child, or $15,000 if the adoptive parent was the foster caregiver for the child, or $20,000 if the child has diagnosed special needs. The grant is tax deductible. Also reduces the court adoption petition fee from $50 to $20. Also creates a higher education grant program for adopted Ohio residents (a one-time grant of $2,500 to attend a two- or four-year public or private higher education institution – also tax deductible).
Provides $30 Million in ARPA funding to County Jobs and Family Services departments to conduct eligibility redeterminations of all Medicaid recipients in the state, as the designee of the Department of Medicaid. Amendment states this is a requirement of the main operating budget that required redeterminations of Medicaid eligibility after the end of the federally declared COVID-19 public health emergency.
Implements the Direct Support Professional Quarterly Retention Payments Program – Makes a Fiscal Year 2023 supplemental appropriation of $45 Million in County Board Waiver Match and $105 Million in the Medicaid Services line item to be used for the Direct Support Professional Quarterly Retention Payments Program and tasks the Department of DD to consult with County Boards of DD, the Ohio Association of County Boards of DD, and provider organizations to oversee and make recommendations for the continuation of the program.
Provides authority to the Director of the Ohio Office of Budget and Management to authorize additional state and federal expenditures for Home and Community Based Services for the departments of Mental Health and Addiction Services, Department of Developmental Disabilities, the Department of Job and Family Services, the Department of Aging, and the Department of Higher Education.
Appropriates $20 Million in Fiscal Year 2023 for Ohio Ambulance Transportation to administer grants to any public, not-for-profit, or private ground ambulance transport provider, who submitted claims to the Ohio Department of Medicaid during the current state fiscal year.
Changes the law governing the use of the Federal Child Care Development Fund, appropriates $498.5 Million for the Child Care ARPA Supplement, and requires JFS to first use th funds to maximize the amount of funds spent on direct payments to providers serving children eligible for publicly funded child care and to use any remaining money for increases in market rates, workforce supplements, copayment assistance, mental health and special needs services, and other purposes. Funds cannot be used for JFS administrative costs.
Fills the state’s Budget Stabilization Fund to 8.5% of GRF Revenue received in 2022 (this would make the fund balance roughly $3.4 Billion).
Allows a county auditor, starting in 2023, to use the market-data approach, the income approach, or the cost approach, or all three when determining the value of a property for tax purposes that is allocated a low-income housing tax credit. Prohibits a project involving the rehabilitation of low-income housing tax credit property from qualifying for a state tax credit for rehabilitating historic buildings.
Appropriates $350 Million in 2023 for Nursing Facility Workforce Support and requires the Department of Medicaid to use the funds to provide lump sum payment to nursing facilities for workforce relief payments. Repeals existing law/language that required nursing facility providers to spend 70% of any additional dollars received by a provider as a result of rebasing on direct care costs.
Makes supplemental appropriations of $438.6 Million for Medicaid Health Care Services, $9 Million for Multi-system Youth Custody Relinquishment, and $1.06 Billion for Medicaid Services.
Provides an additional $50 Million in 2023 for the Department of Aging to expand the Program of All-inclusive Care for the Elderly (PACE) in Franklin, Hamilton, Montgomery, Lorain, Lucas, and Summit counties. Eliminates references to documentation being in writing for the Home First components of the PACE program.
Appropriates $161 Million in Emergency Rental Assistance Funds to pay arrearages of rent or utilities incurred before December 31, 2021 (due to COVID19).
Appropriates $40 Million for Assisted Living Workforce Support, $30 Million for Hospice Care Workforce Support and $10 Million for HCBS Workforce Support to fund provider relieve allocations for residential care facilities. Requires funds to be used exclusively for direct care staff compensation, which may include staff retention bonus payments, overtime pay and shift differential pay, recruitment costs and new hire incentive payments.
Removes capital budget spending of $400,000 for Hattie Larlham (DODD) and $350,000 for Heinzerling Foundation (MHAS) and appropriates from DODD GRF funds $750,000 for Community Program Support and earmarks $400,000 for Hattie Larlham and $350,000 for the Heinzerling Foundation.
Appropriates $8 Million for OBM to administer grants to eligible adult day care providers for Fiscal Year 2023.
Makes a supplemental appropriation of $100 Million for Medicaid Services line item for 2023 for the Department of Developmental Disabilities.
Creates the ALS Support Grants line item in the Office of Budget and Management and provides $1 Million in 2023 for grants to organizations for the expansion of in-home and respite care, durable medical equipment and home modifications and professional services for people with Amyotrophic Lateral Sclerosis (ALS).

November 11 - 18, 2022

This Week's Public Policy Updates

In Ohio

On Friday, November 11, 2022, the Ohio Office of Budget and Management released their monthly financial report for the month of October. For the month of October, General Revenue Fund tax revenues exceeded revised estimates by $111.6 million. All receipts (tax, non-tax, transfers) are above estimates after 4 months in the current state fiscal year. Together, all revenues are above estimates by $977.3 million for the state fiscal year, with October accounting for $789.7 million of that figure. On the spending side of the ledger, disbursements in October were $527.1 million above estimate. The report indicates the excess spending is attributable to disbursements in Medicaid, which were $350.1 million above estimates for the month of October. Medicaid enrollment in October was as follows: Covered Families and Children = 1.89 million; Group VII Expansion = 935.250; Aged, Blind and Disabled = 509,815. While spending was above estimate for the month of October, for the fiscal year, spending is still below estimate by $14.6 million.

On Tuesday, November 15, 2022, the Joint Committee to Examine the State Protection and Advocacy System held its second and final hearing before adjourning to write a report with recommendations for the agency. Forty-one (41) witnesses provided varying pieces of testimony, with roughly 17 individuals giving their testimony in-person at the Ohio Statehouse (This in addition to the 45 witnesses from the November 1st hearing). The hearings have generally been an opportunity for individuals to air their grievances at the actions or inactions Disability Rights Ohio has taken and for supporters of the organization to testify their support for the organization to continue as the state’s Protection and Advocacy agency. The testimony of all witnesses can be found here. The Joint Committee was created in the state operating budget after families testified that DRO was meeting with their children without their legal guardian present.

On Tuesday, November 15, 2022, the Ohio Senate Republican Caucus re-elected Matt Huffman as the President of the Senate. Huffman is serving the final two years of his second four-year term in the Ohio Senate. Kirk Schuring (Canton) was selected as President Pro Tempore, Rob McColley (Napoleon) was selected as Majority Floor Leader and Theresa Gavarone (Bowling Green) was selected as Majority Whip. The Senate Democratic Caucus announced Nickie Antonio (Lakewood) was elected as Senate Minority Leader. Filling out the Senate Democratic Caucus leadership positions are Hearcel Craig (Columbus) as Assistant Minority Leader; Kent Smith (Euclid) was named Minority Whip; and Paul Hicks-Hudson (Toledo) was named Assistant Minority Whip.

On Wednesday, November 16, 2022, the Ohio House Republican Caucus elected Derek Merrin as the next Ohio House Speaker. Merrin will be replacing Bob Cupp, who is term limited at the end of 2022. Merrin, serving his last term in the Ohio House, is from Monclova, a suburb of the greater Toledo area. Filling out the House Republican leadership duties are: Rep. Phil Plummer (Dayton) as Speaker Pro-Tempore; Scott Wiggam (Wooster) as Majority Floor Leader; Susan Manchester (Waynesfield) as Asst. Majority Floor Leader; Brian Baldridge (Winchester) as Majority Whip; and Brian Stewart (Ashville) as Asst. Majority Whip.

On Thursday, November 17th, the House Families, Aging and Human Services Committee held Sponsor and PROPONENT Testimony on House Bill 410 (A Hand Up Act). The bill proposes to allow individuals eligible for poverty benefits to earn more money without losing access to their benefits immediately. Bill sponsors Gary Click and Dontavius Jorells said that current programs for individuals living in poverty penalize productivity and trap people in poverty because earning more money could end up costing them more in the long run. Joel Potts, representing the Ohio Jobs and Family Services’ Directors, testified as an interest party. The testimony can be found here.

In Washington

On Thursday, November 17, 2022, the House Transportation and Infrastructure, Subcommittee on Aviation, held a hearing entitled, “Accessible Air Travel: Addressing Challenges for Passengers with Disabilities.” The committee heard from two panels, one consisting of Congressman James Langevin (Rhode Island), Heather Ansley (Paralyzed Veterans of America) and Brian Ryks (Metropolitan Airports Commission). The second panel included: Matt Scott (Paralympic Medalist – Team USA), Heather Krause (Government Accountability Office), and Graham Heithley (Airlines for America). The hearing and witness testimony can be found online at: https://transportation.house.gov/committee-activity/hearings/accessible-air-travel-addressing-challenges-for-passengers-with-disabilities. One of the major points of the hearing is stated in the hearing summary as follows:

“Although individuals with disabilities may enforce their rights under the ADA by bringing civil lawsuits, courts have held that the ACAA (Air Carrier Access Act) does not expressly provide for a private right of action. Thus, passengers with disabilities cannot enforce their rights under the ACAA through civil litigation in U.S. courts and must instead rely on the DOT to take corrective measures. Some disability rights groups continue to advocate for establishing a private right of action under the ACAA.”

On Thursday, November 17, 2022, the Government Accountability Office issued a report entitled, “Social Security Administration: Remote Service Delivery Increased during COVID 19, But More Could be Done to Assist Vulnerable Populations.” The GAO reported the public filed fewer SSA benefit claims during the pandemic, due in part because benefits applications cannot be submitted online, including applications in Spanish. The report states SSI applications were 12% lower during the pandemic, but rebounded late in 2021. The report makes five recommendations, to include: Social Security Administration should develop detailed plans to allow SSI applications be submitted online; The SSA should evaluate the feasibility of making existing online applications available in Spanish; The SSA should develop a plan to collect additional race and ethnicity data from other state and federal entities to support its Equity Action Plan goals; The SSA should implement a process for assessing lessons learned during the COVID19 pandemic; and The SSA should develop a plan to manage increases in SSA’s disability workloads.

Next Week in Public Policy

Happy Thanksgiving!

August 8 - 12, 2022

This Week's Public Policy Updates

In Ohio

On Thursday, August 11th, 2022, the Office of Budget and Management issued the monthly financial report for the month of July. OBM Explains that in July of the second year of a biennium, they will automatically adjust their revenue expectations for the second year (based on first year performance). As such, revenue comparisons cannot be made with respect to over or under expectations. For the month of July, total revenue came in at $3.8 Billion, which is $196 million more than received in July of 2021. The bulk of this overage from last year can be attributed to federal grants. While tax revenues exceeded expectations in fiscal year 22, OBM does not believe revenues will continue to exceed expectations at the same rate. They have still increased expected revenues for the next year by 6.3 percent (over original forecast), but expect revenues to be 0.8% less than what was collected in fiscal year 22. On the spending side of the ledger, disbursements were $4.9 Billion, which was $67 million below estimates for the month. July spending for the Medicaid program was $2.4 Billion, which was $14.7 million below estimates. The report states the primary reason for underspending is lagging enrollment/participation in OhioRISE. OBM reports they could not provide Medicaid enrollment figures for the month of July.

In Washington

No update.

Next Week in Public Policy

In Ohio

On Monday, August 15th, 2022, the Department of Medicaid will hold a public hearing on proposed changes to a number of rules. These rules include:

The hearing will take place at 11:00 a.m. in Room A501, 50 W. Town St., Columbus, Ohio. The Department of Medicaid is also offering a teleconference option. Individuals considering participating in the meeting via teleconference can do so by calling 1-614-721-2972 (Pin 509920933#).

On Tuesday, August 16th, 2022, the Opportunities for Ohioans with Disabilities Agency will hold a public hearing on proposed increases to VR Fee Schedule Rates & Descriptions. The hearing is an opportunity for anyone to weigh in on the proposed changes. Included in the appendix are several new service descriptions with new fees: Bridge Support Services ($6.60 per service), Critical Need Rate ($100 Flat Fee), and Setup for Technology Access Readiness Training ($6.60 per 6 minutes). One service description is slated for elimination: Summer Youth Career Exploration ($909 Flat Fee per Week). Additionally, the appendix identifies which VR services can be provided via remote services and which must be provided in-person. Page 37 of the proposed rule packet change includes updated descriptions for the Summer Youth Work Experience program that appears to be the program that will cover the Summer Youth Career Exploration elimination. The public hearing will take place at 10:00 a.m. in the 0306 Conference Room located on the 3rd Floor at 150 E. Campus View, Columbus, Ohio. Anyone wishing to provide public comment will be given an opportunity to do so, but they must be present in-person (no video/phone option available).

On Friday, August 19th, 2022, the Ohio Department of Developmental Disabilities will hold a public hearing on proposed rule changes to the following rules (rules are being renumbered – old rule number appears here):

The hearing will take place at 10:00 a.m. in the Lobby Hearing Room at the Rhodes State Office Tower, 30 E. Broad St., Columbus, Ohio. Teleconference option is not available, however, written testimony can be submitted by individuals who cannot attend in person. More information can be found in the hearing notice.

In Washington

No update.

July 18 - 22, 2022

This Week's Public Policy Updates

In Ohio

On Thursday, July 21, 2022, Governor Mike DeWine reappointed Jo Hannah Ward and Kevin Flynn to the Opportunities for Ohioans with Disabilities Council.

In Washington

On Tuesday, July 19, 2022, the House Homeland Security Committee, Subcommittee on Emergency Preparedness, Response, & Recovery held a hearing entitled, “Supporting Underserved Communities in Emergency Management.” Individuals who testified were Barbara Ammirati (Save the Children), Marcie Roth (World Institute on Disability), Denise Bottcher (AARP Louisiana), Antoine Richards (Institute for Diversity and Inclusion in Emergency Management), and Preston Bowlin (Marion County Sheriff’s Office). The written testimony from the World Institute on Disability is 22 pages long and provides a scathing rebuke of the efforts of the Federal Emergency Management Agency (FEMA) to be inclusive of people with disabilities in emergency planning. The testimony offers 10 listed priorities for FEMA, and poses 14 key questions for Congress to consider.

On Wednesday, July 20, 2022, the Senate Finance Committee held a hearing entitled, “The Role of Tax Incentives in Affordable Housing.” Andrea Bell (Oregon Housing & Community Services) testified that federal housing programs are primarily financed through tax incentives rather than through federal appropriations. She encouraged Congress to pass S. 1136 (Affordable Housing Credit Improvement Act) and S. 4181 (Low Income Housing Tax Credit Financing Enabling Long-term Investment in Neighborhood Excellence (LIFELINE) Act). Testimony was also offered by Jerry Konter (National Association of Homebuilders), Lee Ohanian (Hoover Institute), Benson Roberts (National Association of Affordable Housing Lenders), and Dana Wade (Real Estate Finance @ Walker & Dunlop).

On Thursday, July 21, 2022, the Government Accountability Office issued a WatchBlog to highlight the agency’s work on accessibility issues in honor of Disability Pride Month. The blog highlights 3 recent GAO reports that identified areas for improvements in accessibility in public schools, voting locations and online services for tax filings.

Next Week in Public Policy

In Ohio

On Tuesday, July 26, 2022, the Nursing Facility Payment Commission is scheduled to receive presentations from the Academy of Senior Health Services, LeadingAge Ohio, and the Ohio Health Care Association. The hearing will take place at 10:00 a.m. in the South Hearing Room of the Ohio Senate Building.

In Washington

On Thursday, July 28th, 2022, the Senate Special Committee on Aging will hold hearings, “to examine Federal technology for people with disabilities, older Americans, and veterans.” Scheduled to testify are Eve Hill (Brown, Goldstein & Levy, LLP), Anil Lewis (National Federation of the Blind), Jule Ann Lieberman (TechOWL), and Ronald Holmquest (Retired US Navy Veteran). The hearing will take place at 10:00 a.m. in Room 562 of the Dirksen Senate Office Building. It will also be streamed here.

July 11 - 15, 2022

This Week's Public Policy Updates

In Ohio

On Monday, July 11, the Ohio Office of Budget and Management released their monthly financial report for June 2022 (and the end of the state fiscal year). Tax revenues continue to far exceed original estimates for the month and the year. For the month of June, tax revenues were $3.8 billion, exceeding estimates by $161.9 million. For the fiscal year that started on July 1, 2021, tax revenues have exceeded estimates by $2.7 billion. On the spending side of the ledger, GRF disbursements for the month of June were $2.4 billion, which was $268 million more than expected. The increase in spending for the month of June is being attributed to above-estimated disbursements in Medicaid. Medicaid spending in June totaled $1.4 billion, which was $310.3 million above what the state expected to spend for the month. That being said, Medicaid spending for the fiscal year was $17.1 Billion, which is $1 billion above estimates for the year, but $1.1 billion less than the state spent on Medicaid for the same period of time last year (July – June). Medicaid enrollment in June 2022 was 3.41 million Ohioans, which was 112,100 above estimate and 193,150 more than last year. Broken down, Covered Families and Children were 1.86 million, Group VIII Expansion accounted for 905,300, and Aged, Blind and Disabled accounted for 505,450. It should be noted that while total revenues were up by $2.7 billion for the year, total spending was up too, by $580 million. Additionally, the recently passed Capital Budget Bill tapped into the remaining available overage of tax dollars to avoid borrowing funds for projects. This should have a longer term affect of reducing Ohio’s debt payment obligations.

In Washington

On July 14, 2022, the American Association on Health and Disability joined a growing list of supporters for requesting a Resolution from Congress to name July as Disability Pride Month. The effort is being spearheaded by Gillette Children’s Hospital in St. Paul, Minnesota and is targeting Minnesota Congressional leaders.

Next Week in Public Policy

In Ohio

The Joint Medicaid Oversight Committee that was scheduled to meet on Thursday, July 21 has been cancelled.

In Washington

On Tuesday, July 19, 2022, the House Homeland Security Committee, Subcommittee on Emergency Preparedness, Response, & Recovery will hold a hearing entitled, “Supporting Underserved Communities in Emergency Management.” Scheduled to testify are Barbara Ammirati (Save the Children), Marcie Roth (World Institute on Disability), Denise Bottcher (AARP Louisiana), Antoine Richards (Institute for Diversity and Inclusion in Emergency Management), and Preston Bowlin (Marion County Sheriff’s Office). The hearing is scheduled to take place in Room 310 of the Cannon House Office Building at 9:00 a.m.

On Wednesday, July 20, 2022, the Senate Finance Committee will hold a hearing entitled, “The Role of Tax Incentives in Affordable Housing.” Scheduled to testify are Andrea Bell (Oregon Housing & Community Services), Jerry Konter (National Association of Homebuilders), Lee Ohanian (Hoover Institute), Benson Roberts (National Association of Affordable Housing Lenders), and Dana Wade (Real Estate Finance @ Walker & Dunlop). The hearing will take place in Room 215 of the Dirksen Senate Office Building at 10:00 a.m.

On Wednesday, July 20, 2022, the House Budget Committee will hold a hearing entitled, “Examining the Powerful Impact of Investments in Early Childhood for Children, Families, and Our Nation’s Economy.” Scheduled to testify are Rasheed Malik (Center for American Progress), Hilary Hoynes (University of California, Berkeley), and Maureen Black (University of Maryland School of Medicine). The hearing will take place in Room 210 of the Cannon House Office Building at 10:30 a.m.

May 9 - 13, 2022

This Week's Public Policy Updates

In Ohio

On Tuesday, May 10, 2022, the Ohio Office of Budget and Management released their monthly financial report for the month of April, 2022. Tax revenues continue to far exceed original estimates for the month and the year. For the month of April, tax revenues were $3.3 billion, exceeding estimates by $1 billion. For the fiscal year that started on July 1, 2021, tax revenues have exceeded estimates by $2.5 billion. On the spending side of the ledger, GRF disbursements for the month of April were $2.8 billion, which was $390 million less than estimated. The reduction in disbursements for the month of April is being attributed to below-estimated disbursements in Medicaid. Medicaid spending in April totaled $614.9 million, which was $425.1 million below what the state expected to spend for the month. That being said, Medicaid spending for the fiscal year is $14.1 Billion, which is $805.1 million above estimates for the year, and $85.4 million more than the state spent on Medicaid for the same period of time last year (July – April). Medicaid enrollment in April 2022 was 3.38 million Ohioans, which was 66,600 above estimate and 201,650 more than last year. Broken down, Covered Families and Children were 1.85 million, Group VIII Expansion accounted for 890,700, and Aged, Blind and Disabled accounted for 501,450.

In Washington

On Wednesday, May 11, 2022, the Government Accountability Office released a watchblog with recommendations on how the federal government could save more than half a trillion dollars. Buried in the series of recommendations, the GAO is recommending that Congress enact legislation (HR3971 – Double Dip Elimination Act) that would require Social Security Disability Insurance benefits to be reduced or offset when any Unemployment Insurance benefits are paid. The GAO is also recommending improving the Ticket to Work program to reduce the number and amount of overpayments to individuals participating in the program. The GAO states in a report released in October of 2021 that from 2002 to 2015, program costs exceed the savings in benefits by approximately $806 million. The report also stated that participants enrolled in the program for more than 5 years earned an estimated $2,451 more per year and were slightly ore likely to leave the disability rolls than similar nonparticipants. Lastly, the report states that overpayments accounted for an additional $133-$169 million in program costs.

On Tuesday and Wednesday of this week, the House Appropriations Committee, Subcommittee on Transportation, and Housing and Urban Development and Related Agencies held hearings to review the Department of Transportation’s appropriation request and the Department of Housing and Urban Development’s appropriation requests. During the hearing on the HUD budget, Director Marcia Fudge stated the 2023 appropriation included $15 billion to, “fully fund renewals and amendments in Project-Based Rental Assistance, Housing for Persons with Disabilities, and Housing for the Elderly Programs, along with $180 million for new development of approximately 2,000 new units of Section 202 Housing for the Elderly and Section 811 Housing for People with Disabilities.”

On Wednesday, May 11, 2022, the House Energy and Commerce Committee held hearings on six separate bills. Included in those bills was HR 7667, the Food and Drug Amendments of 2022. Included in that bill is a provision that would reinstate a ban on electrical stimulation devices to treat self-injurious or aggressive behavior. Autism Speaks submitted a letter of support for reinstating the ban on ESD.

Next Week in Public Policy

In Ohio

On Monday, May 16, 2022, the Joint Committee on Agency Rule Review will meet to consider changes to rules. Included on the agenda are proposed rule changes for the Ohio Department of Medicaid and the Opportunities for Ohioans with Disabilities agency. JCARR’s agenda, along with proposed rules from each agency can be found here. It’s important to note that all of the rules have already been posted for public comment and feedback by each agency, and JCARR’s action on the rule is the final step towards adoption of rule changes. The hearing will take place at 1:30 p.m. in Room 126 of the Ohio Statehouse.

On Tuesday, May 17, 2022, the Public Assistance Benefits Accountability Task Force will hold a hearing. The task force will review their mission and receive an overview of public assistance benefits and services from the Ohio Department of Medicaid, Ohio Department of Job and Family Services and the Family Services Directors’ Association. The hearing will take place in Rooms B & C on the 31st Floor of the Vern Riffe Tower (77 S. High St.).

On Tuesday, May 17, 2022, the House Health Committee will hold ALL Testimony on House Bill 50 (Medical Identifying Devices). The bill proposed to rename the Uniform Duties to Disabled Persons Act to the Uniform Duties to Incapacitated Persons Act, and adds medical devices that include bar or quick response codes to the list of identifying devices that can be worn by an individual and provides that the devices can be scanned under certain circumstances. The hearing will take place at 11:00 a.m. in Room 121 of the Ohio Statehouse.

On Tuesday, May 17, 2022, the Senate General Government Budget Committee will hold ALL Testimony on House Bill 107 (Elevator Law). The bill makes changes to the law regarding installation of elevators, adding licensure and a regulatory framework for all installation and maintenance of elevators. The bill states that while all elevators must be inspected twice per year, elevators located in a private residence are exempt from this inspection requirement. The hearing will take place at 11:00 a.m. in the North Hearing Room of the Ohio Senate Building.

On Wednesday, May 18, 2022, the Senate Health Committee will hold SPONSOR Testimony on Senate Bill 206 (Art/Music Therapy). The bill would regulate the practice of art therapy and music therapy. The bill defines the practice of art therapy as, “the rendering or offering to render art therapy in the prevention or treatment of cognitive, developmental, emotional, or behavioral disabilities or conditions.” Art therapy is defined as “the integrated use of psychotherapeutic principles and methods with are media and the creative process to assist individuals, families, or groups in doing any of the following: (a) Improving cognitive and sensory-motor functions; (b) Increasing self-awareness and self-esteem; (c) Coping with grief and traumatic experiences; (d) Enhancing cognitive abilities; (e) Resolving conflicts and distress; (f) Enhancing social functioning; (g) Identifying and assessing clients’ needs to implement therapeutic intervention to meet developmental, behavioral, mental, and emotional needs.” Licenses for art and music therapists would be awarded through the Counselor, Social Worker, and Marriage and Family Therapist Board. The hearing will take place at 9:30 a.m. in the North Hearing Room of the Ohio Statehouse.

On Thursday, May 19, 2022, the Joint Medicaid Oversight Committee will meet to receive an update from Ohio Department of Medicaid Director Maureen Corcoran on managed care reforms and new implementation dates. The hearing will take place at 9:00 a.m. in the Senate Finance Hearing Room.

In Washington

On Monday, May 16, 2022, the House Rules Committee will meet to consider HR 7309 (WIOA Reauthorization). The hearing will take place at 3:00 p.m. The Rules Committee set Thursday, May 12 as the deadline for amendments to be submitted for consideration with the bill. The committee’s website shows more than 50 amendments were submitted.

On Tuesday, May 17, 2022, the House Appropriations Committee, Subcommittee on Labor, Health and Human Services, and Related Agencies will hear from US. Secretary of Labor Marty Walsh regarding the US Department of Labor’s appropriation request. The hearing will take place at 9:00 a.m. in Room 2358-C of the Rayburn House Office Building.