VOR Positions on Key Federal Legislation Impacting People with Intellectual and Developmental Disabilities
June 2014
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Support Mandatory Background Checks For Medicaid LTC Direct Care Staff
Abuse and Neglect of Vulnerable Populations Widely Recognized:
Mandatory National Background Checks for Direct Care Workers Needed
In support of its voluntary national background checks program for states, the Centers for Medicare & Medicaid Services (CMS), noted that “long term care (LTC) patient abuse, neglect and misappropriation of funds have been identified as a widespread problem for millions of Americans receiving LTC services.” (CMS National Background Checks Program).
VOR is grateful to Congress for its past support of national background checks. The 2003 Medicare Modernization Act (Section 307) provided for a demonstration program, and the Affordable Care Act’s national background check grant program was even more robust. According to CMS, "both actions point in the direction of potential national applicability." (National Background Check Program (NBCP) For Long Term Care Facilities and Providers: Frequently Asked Questions," CMS (Updated January 2014)).
We agree and now ask for Congressional support in making this necessary program mandatory.
Other resources:
Safe at Home Developing Effective Criminal Background Checks and Other Screening Policies for Home Care Workers (AARP / NCSL, 2009)
Safe at Home: State Summaries (AARP /NCSL, 2009)
U.S. Department of Health and Human Services, Office of Inspector General: Memorandum Report: State Requirements for Conducting Background Checks on Home Health Agency Employees, OEI-07-14-00131 (May 29, 2014)
Thomas: Legislative Information from the Library of Congress
Thomas is the Library of Congress legislative tracking website. Used by Members of Congress and their staff, Thomas allows you to access the text of a federal bill and the status of that bill, such as number of cosponsors, committee referrals and actions, etc.
DD Act Appropriations: Exercise Caution!
VOR calls on Congress to exercise caution and level fund DD Act Programs for FY 2010.
The DD Act: The Need for Immediate Reform
For the first time in nearly a decade, Congress will be considering the reauthorization of programs receiving federal funding under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act).
While the DD Act’s policy endorses residential choice and individual decisionmaking, some DD Act programs, through legislative lobbying, class action lawsuits and other tactics, act to eliminate one of those choices – Medicaid-certified and funded Intermediate Care Facilities for Persons with Mental Retardation (ICFs/MR).
Opposition to MiCASSA
VOR opposes S. 683, the Community Choice Act of 2009, introduced by Senator Tom Harkin (D-IA), and H.R. 1670, introduced by Rep. Danny Davis (D-IL). In past years, this legislation was called MiCASSA. If passed, the unintended effect of this legislation will be the elimination of necessary services for citizens with severe and profound mental retardation.
