ANCOR vigorously advocates on behalf of members to shape policy in all branches of government. We work directly with members of Congress and federal agencies to impact the legislative and regulatory process as it affects services for people with disabilities. ANCOR helps providers navigate the changing landscape and facilitates participation between providers and legislators and regulators. There are a myriad of federal laws and regulations that impact services, provider organizations, and the people they support. This page is your guide to major legislation and regulations that are important for providers.
The 21st Century Cures Act (P.L. 114-255) This law authorized funding to address a wide variety of medical topics, including the opioid epidemic, the FDA drug approval process, medical research, and behavioral health issues. Importantly for providers, it also includes new requirements for electronic visit verification (EVV) and a penalty for non-compliance starting in 2019.
Workforce Innovation and Opportunity Act (WIOA) Regulations (RINs 1205-AB74, 1205-AB73, 1820-AB70, 1820-AB71, 1830-AA22) These regulations implement the Workforce Innovation and Opportunity Act (WIOA) which was signed into law in 2014. For more information, click here.
PACE Innovation Act (PIA) (P.L. 114-85) This law allows CMS to develop pilot programs designed to expand the Programs of All-Inclusive Care for the Elderly (PACE) model of care to individuals who are younger, have multiple chronic conditions and disabilities, seniors who do not yet meet the nursing home level of care standard, and others. ANCOR led the development of an adapted protocol including recommendations for CMS to take into consideration when serving individuals with disabilities using a PACE model. For more information, click here.
Medicaid Access Regulation (RIN 0938-AQ54) This regulation seeks to ensure that Medicaid beneficiaries have access to services on par with Medicare beneficiaries and privately-insured individuals. It requires that states use data to determine assessment methodology including enrollee needs, availability of care and providers, and utilization of services. It also requires that states solicit and consider public input when assessing access. ANCOR submitted comments on the rule, and was disappointed that the final rule failed to include access to HCBS as a metric of measurment. For more information, click here.
The Acheiving a Better Life Experience (ABLE) Act (P.L. 113-295) This law amends Section 529 of the Internal Revenue Code to permit people with disablities to create tax-advantaged savings accounts to be used for qualified expenses related to their disability. For more information, click here.
The Workforce Innovation and Opportunity Act (WIOA) (P.L. 113-128) This law reauthorizes and updates the Workforce Investment Act (WIA), and includes the Rehabilitation Act which provides for vocational rehabilitation services for people with disabilities. WIOA places a strong emphasis on achieving competitive, integrated employment outcomes and seeks to promote transition services for youths with disabilities. It also includes new limitations on the use of Section 14(c) special wage certificates, including new requirements for employment counseling and ongoing monitoring to ensure that competitive, integrated employement options are exhausted before moving to the use of a special wage certificate. For more information, click here.
Home and Community Based Settings (HCBS) Rules (RIN 0938-AO53/0938-AP61) These rules, often called the "community definition rule", define and describe requirements for HCBS-funded programs and settings. They contain person-centered planning and conflict of interest provisions which went into effect in 2014. Additionally, the rule provided a transition period for states to ensure that any setting funded through a 1915(c) waiver or a 1915(i) or 1915(k) state plan would come into compliance by the end of the transition period. That period was originally set at 2019, but was extended by three years to 2022. For more information, click here.
Home Care Rule (RIN 1235-AA05) This rule, issued by the Department of Labor (DOL), is also called the "companionship rule". It changed the use of the exemption to minimum wage and overtime that is available for certain individuals that provide companionship services. The rule restricts the use of the exemption to only individuals that directly employ companions; third-party and joint employers may not avail themselves of the exemption. Additionally, it defines companionship services as excluding services that are medical in nature and non-companionship activities in excess of twenty-percent of time worked in a given workweek. For more information, click here.
Health Insurance Portability and Accountability Act (HIPAA) (P.L. 104-191) This law provides data privacy and security provisions for safeguarding medical information. Providers must be aware of their obligations under HIPAA to ensure that any protected information is handled appropriately by all employees. For more information on the law, click here. For information on how to purchase a HIPAA compliance manual written specifically for ANCOR private providers, click here.