NYSACRA

FEDERAL WAGE BILL INTRODUCED!

On September 28, 2004, U.S. Representatives Lee Terry (R-NE) and Lois Capps (D-CA) introduced the Direct Support Professional Fairness and Security Act of 2004 (H.R. 5197).  As part of the National Advocacy Campaign that NYSACRA participates in, our national affiliate ANCOR worked directly with Reps. Terry and Capps to produce bipartisan legislation.  The Legislation is designed to help ANCOR providers and other private employers of supports to people with disabilities to address the crisis in recruitment and retention of direct support professionals by providing increased federal funding to states for this purpose.

H.R. 5197 would amend Title XIX of the Social Security Act (Medicaid statute) to provide funds to states to enable them to increase the wages that private providers pay to direct support professionals in supporting certain individuals with disabilities through specific state Medicaid services.  The legislation is designed to eliminate the wage gap and assure at least equal wages are paid to private employees as those paid to employees working in local, county, or state operated Medicaid programs. H.R. 5197 would provide temporary Medicaid assistance to states that submit a state wage enhancement plan.

While acknowledging the recruitment and retention crisis and low wages of direct support workers across all long-term support options, the Direct Support Professional Fairness and Security Act of 2004 is designed to eliminate wage inequities for those who provide private supports to targeted individuals with disabilities—those individuals, regardless of age, who are eligible for and receiving Medicaid 1915(c) home and community-based waiver services, 1115 waiver services, personal care, rehabilitative services, home health care services, and ICF/MR services.

Highlights of the Direct Support Professional Fairness and Security Act of 2004 include the following:

·        State Option: First, H.R. 5197 would be an option to states—that is, states chose to participate to achieve pay parity between private and public direct support professionals.

 ·        Financial Incentive to States: It would provide a financial incentive (additional temporary federal funding) to states to reimburse private providers for increased wages and mandated wage-related costs for specific direct support professionals.  

·        Enhanced FMAP: States would receive enhanced Federal medical assistance percentage (FMAP) for five years to increase wages—no additional state dollars to match the additional federal funds.

·        Submission of 5-Year Plan and Maintenance of Wage Increase: In order to receive the enhanced FMAP, states would have to submit a five-year plan and must assure continuation of the increased wage rate after the five-year period.

 ·        Annual Indexing:  The state must provide assurance that at the end of the 5-year implementation period, it will provide funding to increase the wages annually by a percentage equal to the Bureau of Labor Statistic’s employment cost index (ECI).

·        Collaborative Process:  The state’s plan must be developed with meaningful participation of private providers, individuals with disabilities and family members, and direct support professionals, and organizations that represent these groups.

·        Funding for State Planning Grants:  It would provide $3 million in federal funding for state planning grants to help states develop their wage enhancement state plan.

·        GAO and Inspector General Requirements:  Requires a General Accountability Office (GAO) study on recruitment and retention and an Inspector General Audit of progress in reducing/eliminating wage gap.

TAKE ACTION NOW:   Click Here for ANCOR Action Center

Contact your member of the House of Representatives immediately and urge that he/she cosponsor the Direct Support Professional Fairness and Security Act of 2004 (H.R. 5197).

LET’S TREAT DIRECT SUPPORT PROFESSIONALS WITH THE FAIRNESS THEY DESERVE!  LET’S ENSURE THAT THE DEDICATED WORKERS HAVE INCOME SECURITY TO RAISE THEIR FAMILIES!  LET’S ENSURE THAT PEOPLE WITH DISABILITIES AND THEIR FAMILIES HAVE SECURITY IN KNOWING THAT A QUALITY, STABLE WORKFORCE IS THERE FOR THEM!

You can contact your Representative by calling the U.S. Capitol Switchboard: (202) 224-3121 or by email on ANCOR’s Action Center at www.ancor.org.  Feel free to use the sample letter provided on the Action Center, add your own personal agency information, add personal stories, or any other edits.  Or, directly input your own letter on ANCOR’s Action Center.  There is additional background information on the ANCOR www.ancor.org website that you may want to use in your letter or visit the National Advocacy Campaign website www.supportnac.org to sign the petition.

NYSACRA’s Workforce Committee is developing an Action Plan that will include numerous strategies geared toward passing this legislation and providing educating about the issues.  More information will follow soon!!!!