Statements on Introduced Bills and Joint Resolutions

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS -- (Senate - January 26, 2005)

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By Mr. GRASSLEY (for himself and Mr. KENNEDY):

S. 183. A bill to amend title XIX of the Social Security Act to provide families of disabled children with the opportunity to purchase coverage under the medicaid program for such children, and for other purposes; to the Committee on Finance.

Mr. GRASSLEY. Mr. President, I am pleased to join once again with my good friend Senator Kennedy to introduce the Family Opportunity Act.

The Family Opportunity Act provides states the option to allow families with disabled children to buy into the Medicaid program.

Mr. President, Senator Kennedy and I have tried to get the Family Opportunity Act enacted for many years.

The legislation has been scaled back dramatically as we have attempted to make the bill less costly. For example, the original proposal, introduced in the 106th Congress would have set a family's eligibility at 600 percent of the Federal Poverty Level, would have had an enhanced administrative match and provided coverage for children up to age 21.

The version we are introducing today sets the family's eligibility at 300 percent of Federal Poverty Level, no administrative match and provides coverage for children up to age 18.

I am very hopeful that these modifications will ensure that the Family Opportunity Act can be enacted this year.

The legislation is consistent with the ``compassionate conservative'' agenda advanced by the President and the Congressional leadership.

It helps families stay together. In some cases, in order to provide for the special needs of their child, parents face the unbearable prospect of having to put their child in an out of home placement just to keep their child's access to Medicaid covered services.

Some of these parents have to refuse jobs, pay raises and overtime in order to preserve access to Medicaid for their child with disabilities. These parents are hard working taxpayers.

There is precedent for allowing individuals with disabilities to continue to have access to the services that Medicaid provides while enhancing their income and self-esteem through the dignity and the contribution to society that one attains through engagement in the world of work. It only makes sense to extend these principles to adults with a child with a disability.

The Family Opportunity Act is an option for States. It is not a Federal mandate. Additionally, it encourages the use of private employer sponsored coverage. Hopefully a participating family has some private insurance. The Family Opportunity Act would allow states to offer ``wrap around'' services that the employer sponsored coverage does not provide, such as physical therapy, mental health services and customized durable medical equipment.

Children with significant disabilities need these services in order to properly develop into responsible and contributing members of society.

Additionally, the legislation would provide for the establishment of demonstration projects regarding home and community based alternatives to psychiatric residential treatment facilities for children.

Under current law, states are not allowed to offer home and community based services as an alternative to inpatient psychiatric hospitals. The legislation proposed by Senator Kennedy and myself would help realize this goal for these children.

The Family Opportunity Act would make progress in correcting this omission by allowing for demonstration projects to test the effectiveness in improving or maintaining a child's functional level and cost-effectiveness of providing coverage of home and community based alternatives to psychiatric residential treatment for children in the Medicaid program.

Finally, the Family Opportunity Act would provide for the development of Family to Family Health Information Centers which help guide families through the maze of programs and networks associated with the challenges of raising a child with a disability.

The Family Opportunity Act is a good bill. For many years it has garnered the support of a majority of Senators. It has the support of numerous family and child advocacy groups.

This legislation is pro-family, pro-work and pro-compassion. I urge the quick enactment of the Family Opportunity Act.

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