Medicaid Home & Community-Based Services (HCBS) Sustainability Act

Draft Bill #medicaid-home-community-based-services-hcbs-sustainability-act

TL;DR

820,000 individuals on HCBS waitlists; average wait time 39 months. Direct care workforce crisis (18% annual turnover) driven by $13.27 median wage. Institutional bias in Medicaid spending ($70B nursi

Bill Bounty Poster #4: Medicaid Home & Community-Based Services (HCBS) Sustainability Act

Legislative Priority Classification

Urgency Level: HIGH Feasibility Score: 7/10 Coalition Potential: Bipartisan with regional variation

Policy Problem Statement

820,000 individuals on HCBS waitlists; average wait time 39 months. Direct care workforce crisis (18% annual turnover) driven by $13.27 median wage. Institutional bias in Medicaid spending ($70B nursing facilities vs. $55B HCBS despite preference data showing 87% desire community-based care). ARP-enhanced FMAP expired, creating state fiscal cliffs.

Core Legislative Components

Section A: Workforce Stabilization

  • Wage Floor Mandate: Federal requirement for $18/hour minimum direct care worker wage in states accepting enhanced FMAP
  • Career Ladder Funding: Competency-based credentialing with pay increases (CNA → Home Health Aide → Community Health Worker → Care Coordinator)
  • Benefits Standardization: Require health insurance, paid sick leave, mileage reimbursement for home visit staff
  • Immigration Pathway: Create specific visa category for certified personal care aides (15,000 annual allocation)

Section B: Waitlist Elimination Initiative

  • 5-Year Mandatory Appropriation: $28B to states for waitlist reduction, allocated by per-capita need
  • Expedited Eligibility: Presumptive enrollment for individuals meeting financial criteria pending full functional assessment
  • Money Follows the Person Enhancement: Increase transition coordination payments from $2,400 to $5,000 per individual

Section C: Service Flexibility & Innovation

  • Self-Direction Expansion: Require all states offer participant-directed option with fiscal intermediary support
  • Technology Integration: Allow coverage of remote monitoring, medication management apps, smart home safety devices
  • Family Caregiver Support: Respite care minimum of 240 hours annually; training stipends for family caregivers
  • Housing Integration: Permit Medicaid reimbursement for housing navigation, security deposits (up to $2,500), and tenancy sustaining services

Section D: Enhanced Federal Partnership

  • Permanent FMAP Increase: 10-percentage-point enhancement for HCBS (e.g., 60% becomes 70%)
  • Administrative Cost Relief: Federal coverage of assessment tools, case management systems, quality monitoring infrastructure
  • Tribal Self-Determination: Direct HCBS funding to tribal governments with streamlined CMS accountability requirements

Galveston Framework Integration

Embodies Dignity & Autonomy Principle: Prioritizes individual choice in care settings. Free Clinic model demonstrates community-based service delivery efficiency. MSA planning enables geographic equity in service access.

Implementation Mechanics

  • Administered through CMS Center for Medicaid and CHIP Services
  • State plan amendment process streamlined (60-day approval timeline)
  • Quality framework using National Core Indicators + HCBS CAHPS surveys
  • Progressive compliance: 50% waitlist reduction Year 3, 100% elimination Year 5

Estimated Impact Metrics

  • Waitlist Resolution: 820,000 individuals receiving services by Year 5
  • Institutional Diversion: 234,000 nursing home placements avoided over 10 years
  • Federal Cost-Effectiveness: $1.47 savings per dollar invested (institutional vs. community care differential)
  • Workforce Expansion: 450,000 new direct care positions created
  • Health Outcomes: 22% reduction in preventable hospitalizations among HCBS recipients

Legislative Champion Profile

Ideal Sponsors: Aging Committee chair + Disability advocate caucus member + State with large aging population Coalition Partners: AARP, National Council on Independent Living, SEIU, state Medicaid directors, ADAPT