TO: NDSC Members and Affiliated Parent Groups
FROM: Susan Goodman, Director Governmental Affairs, National Down Syndrome Congress
DATE: February 5, 2009

NDSC Governmental Affairs Action Alert

Please call your Senators today and ask that they support the “Sense of the Senate to Rescind Certain Medicaid Regulations” which follows this alert. The Amendment is sponsored by Senators Schumer, Inouye and Baucus and states that it is the Sense of the Senate that the following regulations should be rescinded that would have an impact on individuals with disabilities. The U.S Capitol Switchboard number is 202-224-3121.

The previous administration issued harmful regulations which were to take effect last year. If implemented, they would have caused further harm to services for individuals with Down syndrome. However, Congress passed a moratorium on these regulations which prevented them from being implemented. In order to rescind these regulations, both the House of Representatives and Senate must take action. The House has already taken action – the Senate must now act to put the implementation of these regulations on hold and prevent harm to individuals with Down syndrome and other disabilities. Some of the services that would be impacted are as follows:

School-based Medicaid services, such as transportation

Some school districts are able to access Medicaid funding to be reimbursed for transportation and other administrative costs for Medicaid eligible children. This regulation, if not rescinded, could severely limit this funding causing already financially strapped school district to lose a great deal of funding.

Medicaid rehabilitative services

This is an important source of Medicaid funding for many adult services. Losing this funding would cause the loss of these services.

Case management services

This regulation would limit funding for case management services for individuals with disabilities, primarily those leaving institutions.

The relevant amendment reads as follows

SEC. 5006. SENSE OF THE SENATE REGARDING RESCISSION OF CERTAIN MEDICAID REGULATIONS.

It is the sense of the Senate that the following regulations relating to Medicaid should be rescinded:

(4) REHABILITATIVE SERVICES.—the proposed regulation published on August 13, 2007 (72 Federal Register 45201).

(5) PAYMENTS FOR COSTS OF SCHOOL ADMINISTRATION, TRANSPORTATION.—the final regulation published on December 28, 2007 (72 Federal Register 73635).

(6) CASE MANAGEMENT SERVICES.—the interim final regulation published on December 4, 2007 (Federal Register 68077). If you have questions or need further information, please contact Susan@ndsccenter.org.

If you have questions or comments about this Newsline, please contact Susan Goodman at susan@ndsccenter.org.