Capitol to Capitol | Sept. 30, 2024

Capitol to Capitol | Sept. 30, 2024

NewsletterCapitol to Capitol

Questions?Please use the email icon at left to contact NCSL's State-Federal Affairs Division.

NCSL Updates

Tax Priorities for Potential Federal Legislation

In a letter to congressional leaders, NCSL highlights policy principles concerning potential federal tax legislation. State and federal tax policies are inextricably linked, and changes to federal policy may impact state policy and outcomes. NCSL asks for congressional consideration of impacts on states regarding child care, fiscal austerity, Social Security, municipal bonds, tax credits and affordable housing, among other issues. Read more

NCSL Supports Preserving DEA Telemedicine Flexibilities

The Drug Enforcement Agency's telehealth flexibilities have been important tools in expanding mental health care and substance use treatment at a time when demand for these services continues to far exceed existing resources. The continuation of those flexibilities is in question. Read more

Congressional Updates

Expiration of Farm Bill Yields Uncertainty

The Agriculture Improvement Act of 2018, the most recent iteration of the farm bill, expires today. This omnibus, multiyear law funds crop insurance, crop subsidies, and research to assist food production and sustainable agricultural practices. It also pays for food assistance programs, including the Supplemental Nutrition Assistance Program, which supports nearly 42 million Americans. This year the House of Representatives released text for the next iteration of the bill, the Farm, Food, and National Security Act of 2024. The Senate has released only a framework and talks have largely stalled. Despite the current lack of movement on legislation, Congress is expected to pass either a new farm bill or another one-year extension by Dec. 31 to avoid a reversion to 1938 and 1949 permanent law. Such an outcome would have a disastrous effect on the agriculture sector and consumers, including potentially doubling the prices of dairy products. From today to the end of the crop year (Dec. 31), some vital programs, like crop insurance and SNAP, will continue uninterrupted. However, most other farm bill programs, especially those that rely on discretionary spending, will be impacted. Some programs, including conservation, may continue operations but will lose the ability to enroll new applicants and may require supplemental funding. Other programs, including research, may cease altogether until operational authority is restored through passage of another continuing resolution or a new farm bill. More information is available here. In a letter to Congress earlier this year, NCSL reiterated its support for the swift bipartisan passage of a 2024 farm bill.

Administration Updates

New Guidance for States: Maximizing Health Care Access for Children on Medicaid

The guidance, issued by the Centers for Medicare & Medicaid Services, provides strategies and best practices for states in meeting their obligations under the Early and Periodic Screening, Diagnostic and Treatmentmandate-a comprehensive suite of health care services mandated under Medicaid for qualified children. The EPSDT benefit is available to most children under age 21 who are enrolled in Medicaid and requires that they receive medical, dental, behavioral health and developmental services from an early age.

Data highlights that the promise of EPSDT-to provide children with access to the full range of health care services-has not been met. Only halfof EPSDT-eligible children in need of mental health services accessed care in 2018 and halfdid not receive dental care in 2021.

Among other things, EPSDT requires states to:

• Inform families about the benefit.
• Provide regular screening to ensure children are receiving medically necessary physical and mental health services (including substance use services, immunizations, lab tests and health education).
• Provide medically necessary and timely treatment of medical and dental conditions, including inpatient psychiatric care, for every eligible child (including any needed services not included in the state plan). States define "medically necessary" and the frequency of screenings.
• Ensure the availability of EPSDT providers.
• Provide annual utilization data to CMS about their EPSDT services.
• Coordinate with other maternal and child health programs.

The guidance also provides states with strategies to improve care for EPSDT-eligible children with specialized needs, including those with behavioral health conditions, children in foster care and children with disabilities or other complex health needs.

Thirty-eight millionchildren are enrolled in Medicaid and the Children's Health Insurance Program. Read more

FEMA Seeks Comments to Streamline Its Disaster Recovery Resources and Support

The Federal Emergency Management Agency released its updated National Disaster Recovery Framework on Sept. 24. The agency is soliciting comments on the updates from state and local stakeholders. The framework explains the federal government's roles and responsibilities for organizing and deploying disaster recovery assistance. The proposed revisions focus on effective collaboration with state, local, territorial and tribal governments, and on clarifying roles and responsibilities of different levels of government. The comment period will close on Oct. 23. Read more

Biden Introduces Actions on Gun Violence and School Safety

The administration issued an executive order directing federal agencies to combat emerging threats from machine gun conversion devices and 3D-printed firearms and improve schools' active shooter drills. The order establishes a task force of federal agency leaders to report within 90 days on the potential threats from these firearms, their agencies' ability to detect and intercept them, and a multiagency plan for combatting the emerging threats, including any funding they need. The order also directs the secretaries of Education and Homeland Security to confer with the attorney general, the surgeon general and the secretary of Health and Human Services to publish within 110 days a plan detailing how to implement developmentally appropriate active shooter drills for K-12 students. The fact sheet also details federal agency actions that address gun violence. Read more

CISA Sounds Alarm on Disaster-Related Scams and Phishing

The Cybersecurity and Infrastructure Security Agency urged the public to be alert to scams and fraudulent schemes, which it says are common after natural disasters.

CISA advises that malicious cyber activity can occur in social media messages asking for help, door-to-door solicitations and emails with hurricane-related subject lines, attachments or links. CISA has provided the following links to help people avoid natural disaster-related scams and fraudulent activity:

• Federal Trade Commission's Staying Alert to Disaster-Related Scams and Before Giving to a Charity.
• Consumer Financial Protection Bureau's Frauds and scams.
• CISA's Phishing Guidance, Stopping the Attack Cycle at Phase One to help organizations reduce the likelihood and impact of successful phishing attacks.

Read more

DOE Announces More Than $3B in Supply Chain Boost

The new funding aims to improve the development of a domestic supply chain for electric vehicles and batteries. This is the second round of funding from the Bipartisan Infrastructure Law, which will support 25 projects in 14 states to address supply chain manufacturing challenges, battery manufacturing and recycling, lithium mining and graphite production. The projects will create about 4,000 permanent jobs, and 90% of them will be located in or near disadvantaged communities to align with the administration's Justice40 Initiative. Read more

Links

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