Category: Advocacy

The Senate barreled towards an ultimately unsuccessful showdown on voting rights legislation while the House focused on reviving Build Back Better.

Democrats tried and ultimately failed Wednesday to change Senate rules and bypass a Republican filibuster to pass a voting rights bill with only 50 votes.  While the high-profile push was playing out in the Senate, House Democratic leaders were working to revive President Biden’s Build Back Better legislation. Sen. Manchin’s decision late last year to oppose the measure due largely to its $2 trillion price tag was a significant setback, but work has continued behind the scenes to find a path forward. There are few details about what the potential new package will look like, other than it will likely be smaller than the version passed by the House late last year.

Although the legislative path forward is uncertain, the advocacy priorities for Lutheran Services in America remain the same. We will continue to advocate for the inclusion of at least $150 billion for home and community-based services in the next legislative package, as well as key provisions that would help address the acute direct care workforce shortage including:

• $1 billion for a grant program funding strategies to recruit and retain direct care workers; and
• The provisions of the WORK NOW Act to create a $50 billion grant program supporting nonprofits in paying wages and benefits.

Negotiations on a revised Build Back Better Act remain behind closed doors as Congress publicly debates several high-profile issues. The replacement of Supreme Court Justice Stephen Breyer and the crisis in Ukraine have garnered the most media attention, but another government spending deadline is fast approaching. Congress has until February 18 to reach a deal or face a shutdown, but disagreements over a top-line spending number and controversial amendments have made finding an agreement difficult.

Behind the scenes, Democratic leaders are still working to win over moderate holdouts to President Biden’s Build Back Better plan. Sen. Joe Manchin, whose opposition to the almost $2 trillion price tag scuttled the original legislation in December, reiterated on Tuesday that the current version is “dead.” However, he is open to negotiations on a smaller package, and it appears that he is supportive of including $150 billion for home and community-services. The size of the package and details of what else could be included remain uncertain.

As negotiations continue, the advocacy priorities for Lutheran Services in America remain the same. We will continue to advocate for the inclusion of at least $150 billion for home and community-based services in the next legislative package, as well as key provisions that would help address the acute direct care workforce shortage including:

• $1 billion for a grant program funding strategies to recruit and retain direct care workers; and
• The provisions of the WORK NOW Act to create a $50 billion grant program supporting nonprofits in paying wages and benefits.

Join us in our efforts to ensure these provisions are included as negotiations move forward.

The federal government recently created two new limited-time opportunities for nonprofit employees to request full forgiveness of their direct federal student loans. These opportunities expand the availability of the existing Public Service Loan Forgiveness program (PSLF) and represent an important benefit for nonprofit employees! Significantly, loan forgiveness is now potentially available to borrowers whose previous loan forgiveness applications were rejected. The time investment for nonprofit employers is minimal and can be a powerful tool to show support for qualifying employees!

Below, you’ll find more information about this important program and how employees can take advantage of it.

What is PSLF?

• • The Public Service Loan Forgiveness (PSLF) program was established in 2007 to allow student loan forgiveness for qualified employees who work full-time (at least 30 hours per week) for specific types of public service employers, including nonprofits, and who have made 120 (or 10 years-worth) on-time payments through specific income-driven repayment plans on direct federal loans.  However, relatively few borrowers have thus far received loan forgiveness.
  • Note: the 10 years of work and concurrent loan payments do NOT all need to be with the same public service employer—an individual borrower may work for multiple different nonprofit employers and still qualify.

What’s Changed?

• • Temporary Expanded Public Service Loan Forgiveness (TEPSLF):
    • The Consolidated Appropriations Act of 2018 provided limited, additional conditions under which borrowers may become eligible for loan forgiveness if some or all of the payments they made on William D. Ford Federal Direct Loan (Direct Loan) Program loans were under a nonqualifying repayment plan for Public Service Loan Forgiveness (PSLF).
    • Originally, PSLF required borrowers to be on one of the income-driven repayment plans, but it turned out many were not and lots of people were rejected for forgiveness for being on another payment plan.  The TEPSLF program expands the kind of eligible repayment plans.  If borrowers have been using a Graduated Repayment Plan, an Extended Repayment Plan, a Consolidation Standard Repayment Plan, or a Consolidation Graduated Repayment Plan, they’re now eligible as long as they meet all the other PSLF requirements.
    • This program will remain available until allocated funds are depleted; the most recent update indicates that just over $513 million (of $750 million) remains.
  • PSLF waiver:
    • On October 6, 2021, the Department of Education announced a change to program rules that allows borrowers to get credit for loan payments that wouldn’t normally qualify for PSLF.
    • This waiver period is temporary and will end on October 31, 2022.
    • Under the new, temporary rules, any prior period of repayment may be able to be counted as a qualifying payment, regardless of loan program, repayment plan, or whether the payment was made in full or on time.  Borrowers continue to need qualifying employment.

Qualifications

• • Qualifying employers include:
    • Tax-exempt not-for-profit 501(c)(3) companies; including tax-exempt hospitals, tax-exempt charitable organizations, tax-exempt educational institutions, etc.
    • The government (including military, law enforcement, schools. and universities)
    • Peace Corps or AmeriCorps
    • Other non-profit organizations that provide one of the following services:
      • Emergency management
      • Military service
      • Public safety
      • Law enforcement
      • Public interest law services
      • Early childhood education (including licensed or regulated healthcare, Head Start, and state-funded prekindergarten)
      • Public service for individuals with disabilities and the elderly
      • Public health (including nurses, nurse practitioners, nurses in a clinical setting, and full-time professionals engaged in healthcare practitioner occupations and healthcare support occupations, as such terms are defined by the Bureau of Labor Statistics)
      • Public education
      • Public library services
      • School library or other school-based services
  • Borrowers:
    • TEPSLF:
      • A borrower’s most recent monthly payment and the one made a year before applying for forgiveness must be as much as they would have paid in a correct plan.
      • A previous loan forgiveness application must have been rejected because some or all payments were not made under the appropriate plan.
      • A borrower must have at least 10 years of full-time employment certified by a qualifying employer and approved by FedLoan Servicing, the company overseeing the loan forgiveness program.
    • PSLF waiver:
      • Under the new, temporary rules, any prior period of repayment may be able to be counted as a qualifying payment, regardless of loan program, repayment plan, or whether the payment was made in full or on time.
        • Periods of repayment on loans before consolidation count, even if on the wrong repayment plan.
        • Periods of repayment where payments were made late or for less than the amount due count.
        • Periods of repayment on loans before consolidation count, even if paid late, or for less than the amount due.
      • Borrowers can receive forgiveness even if not employed or not employed by a qualifying employer at the time of application and forgiveness.
      • Borrowers are still required to have made 120 qualifying payments; have been employed full-time for a qualifying employer while they were making payments; and have Direct loans or consolidate into Direct Consolidation Loans by October 31, 2022.

What Borrowers Must Do to Receive Loan Forgiveness

• • TEPSLF:
    • Borrowers must submit the Public Service Loan Forgiveness (PSLF) & Temporary Expanded PSLF (TEPSLF) Certification & Application (PSLF form) to have their eligibility for PSLF reconsidered.
    • Upon submission of the PSLF form to the Servicer, payments will be considered for both PSLF and TEPSLF using an expanded list of qualifying repayment plans. Some payments that don’t count toward loan forgiveness under PSLF may count toward forgiveness under TEPSLF.
  • PSLF waiver:
    • Borrowers must have only a Direct Loan or have completed loan consolidation by the program deadline of October 31, 2022.
    • Borrowers must also file a Public Service Loan Forgiveness (PSLF) & Temporary Expanded PSLF (TEPSLF) Certification & Application (PSLF form) for any period for which they may receive additional credit toward PSLF, by the deadline. The Department of Education recommends borrowers take this action through the online PSLF Help Tool, which is available at StudentAid.gov/PSLF.

Deadlines and Limitations

• • TEPSLF: how much money is left?
    • $750 Million was appropriated.
    • As of September 2021 (the most recent month for which data are available), $236,823,872 has been expended.
    • This leaves $513,176,128 million remaining.
    • https://studentaid.gov/data-center/student/loan-forgiveness/pslf-data
  • The PSLF waiver program ends on October 31, 2022.
  • FedLoan (the company that services PSLF applications) recently ended their contract with the U.S. Department of Education.  As a result, borrowers are highly encouraged to contact their loan servicer right away to initiate the paperwork for loan forgiveness under PSLF.

Additional Resources

• • Visit StudentAid.gov/publicservice for information about PSLF eligibility requirements and how to apply.
  • Official program pages from the Office of Federal Student Aid:
    • TEPSLF
    • PSLF Waiver
  • Department of Education news release on the PSLF Waiver
  • Detailed summaries from The College Investor:
    • TEPSLF
    • PSLF Waiver

By Sarah Dobson, Senior Director of Public Policy and Advocacy

Negotiations on a New Reconciliation Bill Continue While Congress Moves Toward Finalizing Fiscal Year 2022 Funding

While Democrats are still working toward drafting a budget reconciliation bill to enact some aspects of President Biden’s human infrastructure plan, addressing government funding has taken priority due to the current deadline of February 18. Disagreements over a top-line spending number and controversial amendments had made reaching a long-term deal difficult. On Wednesday, however, Congressional leaders announced they had reached agreement on topline spending amounts but needed more time to finalize the details. To enable this, the House passed a short-term spending bill through March 11, with the Senate expected to follow suit shortly.

Negotiations over the future reconciliation package will likely continue for several months, but the advocacy priorities for Lutheran Services in America remain the same. We will continue to advocate for the inclusion of at least $150 billion for home and community-based services in the next package, as well as key provisions that would help address the acute direct care workforce shortage including:

• $1 billion for a grant program funding strategies to recruit and retain direct care workers; and
• The provisions of the WORK NOW Act to create a $50 billion grant program supporting nonprofits in paying wages and benefits.

Join us in our efforts to ensure these provisions are included as negotiations move forward.

Temporary Expansions of the Public Service Loan Forgiveness Program: Act Now to Help Your Employees Access this Important Benefit!

The federal government recently created two new limited-time opportunities for nonprofit employees to request full forgiveness of their direct federal student loans. These opportunities expand the availability of the existing Public Service Loan Forgiveness program (PSLF) and represent an important benefit for nonprofit employees. Significantly, loan forgiveness is now potentially available to borrowers whose previous loan forgiveness applications were rejected. The time investment for nonprofit employers is minimal and can be a powerful tool to show support for qualifying employees. More information is available on our website, including links to apply for loan forgiveness.

Biden Administration Seeks Provider Input on Impact of Digital Technologies on Public Health

The White House Office of Science and Technology Policy (OSTP), in conjunction with the Health Resources and Services Administration (HRSA), has launched the Community Connected Health Initiative.  The Initiative is seeking broad input from stakeholders (including healthcare providers and faith-based/community-based organizations) on, among other things, “successful models of strengthening community health through digital health technologies within the United States” and “barriers to uptake,” among other things. The term “digital health technologies” should be interpreted broadly as any tool or set of tools that improve health or enable better healthcare delivery by connecting people with other people, with data, or with health information. Brief submissions of no more than 3 pages can be submitted directly to the Initiative via their Request for Information—note that the submission deadline has now been extended to March 31.

American Rescue Plan Funding for State/Local Governments: Funding Opportunities for Nonprofits

As part of the American Rescue Plan Act enacted in March 2021, Congress allocated $350 billion in COVID-19 relief funds for state, local, Tribal, and territorial governments to use in providing “assistance to households, small businesses, and nonprofits, or to aid impacted industries.” These funds were meant to enable smaller units of government to decide the best ways to spend their allocated resources to meet local needs, and were allocated separately to states, counties, metropolitan cities, and smaller units of local government.  More information is now available about how large cities and counties (with populations of at least 250,000) are deploying these funds and about specific opportunities for nonprofits to seek funding from individual states.

Upcoming Congressional Town Hall Meetings

Members of Congress continue to hold virtual town hall meetings to address constituent concerns about coronavirus relief. Here is a look at upcoming sessions (click links below to find out how to join):

By Sarah Dobson, Senior Director of Public Policy and Advocacy, and Josh Dubensky, Director of Public Policy and Advocacy for the Lutheran Services in America Disability Network

 The Senate overcame last minute hurdles to pass a short-term spending bill on Thursday night and avoid a government shutdown. The vote inched close to a Friday deadline due to a push by some Senators to address smaller policy issues, such as President Biden’s vaccine mandate and a balanced budget amendment, which delayed quick passage. The deal funds the government until March 11, which Congressional leaders believe will give them enough time to finalize a long-term Fiscal Year 2022 funding package with an increase in spending for both defense and non-defense priorities.

 While government funding took center stage, other major developments included:

• confirmation of Robert Califf to lead the Food and Drug Administration.
• advancement of the bipartisan Postal Reform Act, although a technical error delayed final passage in the Senate this week.
• the breakdown of Russian sanctions legislation due to disagreements over how to address the Nord Stream 2 oil pipeline.

Finally, negotiations over the future reconciliation package that will serve as the vehicle for home and community-based services funding remain behind closed doors. Lutheran Services in America will continue to advocate for the inclusion of at least $150 billion for home and community-based services in the next package, as well as key provisions that would help address the acute direct care workforce shortage including:

• $1 billion for a grant program funding strategies to recruit and retain direct care workers; and
• The provisions of the WORK NOW Act to create a $50 billion grant program supporting nonprofits in paying wages and benefits.

As COVID-19 cases continue to fall across the country, the Biden Administration is considering the official end of the related Public Health Emergency (PHE). First declared in early 2020, the PHE ensures that states cannot involuntarily disenroll anyone from Medicaid who was enrolled on or after March 18, 2020, regardless of changes in income, age, or nonpayment of premiums. The PHE also provides greater flexibility on the use of telehealth services and other home and community-based services. Many advocates are concerned about the implications for service providers and Medicaid recipients over how states will respond when the PHE is rescinded and are working to make some of flexibilities, such as the telehealth provisions, permanent. While the Administration is considering when to officially end the PHE, it has pledged to provide a 60-day notice before making the final decision.  Given that, the PHE is currently not expected to end before July.

 On Capitol Hill, Congress was in recess this week, but other major developments included:

• The response to Russia’s invasion of Ukraine: President Biden announced additional sanctions against Russia and a further build-up of American troops to NATO nations in Eastern Europe, but members of Congress from both parties are urging President Biden to go even further, by targeting Russia’s energy sector and Putin himself, as well as further increasing military aid to Ukraine.
• The nomination of Judge Ketanji Brown Jackson of the D.C. Court of Appeals to serve on the U.S. Supreme Court.
• A request from the Biden administration for $30 billion in emergency aid from Capitol Hill for “near-term” COVID-19 funds.
• Continued negotiations on a long-term government funding bill for the remainder of Fiscal Year 2022, which began on October 1, 2021. The current short-term funding bill, passed last week, runs through March 11, and both sides are optimistic a deal will be reached before that time.

During President Biden’s first State of the Union Address, it was the Russian invasion of Ukraine that drew the most attention. The President and Democrats in Congress are attempting to balance aid to Ukraine and sanctions on Russia with their desire to pass at least some pieces of their domestic agenda. While Ukraine, inflation and COVID were all areas of focus during the speech, the President did not mention Build Back Better by name. The President instead chose to discuss individual policy areas of his signature domestic legislation, including proposed funding for home and long-term care, signaling that any attempt to pass policy from Build Back Better will have to move as a smaller package.

One new policy that received only passing mention during the speech, but which would have a far-reaching impact is the slate of reforms for skilled nursing facilities (SNFs) announced by the Centers for Medicare and Medicaid Services.  One major effect of the policy would be to set minimum staffing requirements for SNFs.  While providers share the Administration’s goal of improving operations at SNFs, they are extremely concerned that imposing this requirement without also providing the funding to address the workforce crisis will only worsen the issue.

The State of the Union was the focus for the week, but other major developments included:

• The response to Russia’s invasion of Ukraine: The U.S. and its allies have continued to implement unprecedented sanctions on Russia. The invasion has unified most Democrats and Republicans, at least for now, with Congress debating a boost in both humanitarian and military aid for Ukraine and further sanctions on Russia. President Biden continues to make clear that American troops will not intervene unless a member of NATO is attacked.
• The Senate failed in a 46-48 vote to pass the Women’s Health Protection Act, which would have guaranteed the right to access and perform an abortion. The House passed the bill in September in a close 218-211 vote.
• The Senate resumed consideration of the bipartisan Postal Reform Act, which would overhaul the US Postal Service’s finances and modernize its services. The House passed the legislation in February by a vote of 342-92.
• On Wednesday, the Senate passed a resolution to overturn President Biden’s vaccine mandate for health care workers in a 49-44 vote. No Democrats supported the measure, but Republicans were able to pass it due to several absences on the Democratic side. However, the resolution faces steeps odds in the House and would likely be vetoed by President Biden.

Congress stared down another funding deadline on Friday but reached a deal on a $1.5 trillion long-term spending package late Thursday night. Debate focused on ways to increase both defense and non-defense spending and attempts to satisfy last-minute requests from the White House for new COVID relief funding and Ukraine assistance. The House passed the funding package Wednesday, with the Senate following suit on Thursday.

As Congress focused on the spending deal, remarks from Sen. Joe Manchin (D-WV) have revived some hope for Democratic efforts to pass President Biden’s signature domestic legislation. Sen. Manchin’s opposition to the overall cost of the bill, which included $150 billion in expanded HCBS funding, effectively killed the legislation, but following weeks of silence he outlined general guidelines for what he would support. However, the legislation will likely need to shift away from the massive social spending package Democrats had originally envisioned, and into a tax reform package split between fighting inflation and other smaller Democratic priorities.

While the spending deal slowly advanced, other major developments included:

• The response to Russia’s invasion of Ukraine: After initially opposing the idea, President Biden announced plans to ban Russian oil imports following pressure from Congress.
• President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which outlaws the use of forced arbitration clauses for sexual harassment and assault claims.
• President Biden signed an executive order to begin the process of regulating cryptocurrencies, and even consider whether the U.S. should issue a fully virtual version of the dollar.
• Congress passed the bipartisan Postal Reform Act, which could save the agency nearly $50 billion through reform of its employee health benefits requirements.
• After over a century of effort, Congress overwhelmingly passed the Emmitt Till Anti-Lynching Act, which makes lynching a federal crime.
• Three years after its expiration, the bipartisan reauthorization of the Violence Against Women Act was passed after it was included as part of the long-term spending deal.

Lutheran Services in America Urges Changes to New SNF Initiative

In response to the Biden administration’s recent announcement of an extensive nursing home initiative, Lutheran Services in America wrote to CMS Administrator Chiquita Brooks-LaSure outlining our strong concerns that fewer older adults will be able to access the care that they need. The letter represents the first step of our efforts to ensure that changes to the skilled nursing facility regulatory landscape truly benefit older adults and reflect the reality of the caregiver workforce crisis.

The sweeping initiative includes more than 20 proposed actions, including implementing a minimum staffing requirement, increasing frequency of compliance surveys, and dramatically increasing penalties for deficiencies. No funding is provided for additional staff required by nursing homes. We invite you to join us to share these concerns with both Administrator Brooks-LaSure and your lawmakers. You should feel free to edit the messages before hitting “send” in order to share details of your organization’s story.

Congress Finalizes FY2022 Spending, Hope Renewed for Home- and Community-based Services Funding

On March 11, Congress finalized a $1.5 trillion long-term spending package for the remainder of fiscal year 2022. While lawmakers had hoped to include additional COVID-related funding, last-minute disagreements led to its removal. Democratic leaders hope to pass legislation as soon as next week to authorize the new COVID spending, primarily directed toward further vaccination efforts.

As Congress finished the spending bill, Sen. Joe Manchin (D-WV) renewed hope for Democratic efforts to pass at least a scaled-back version of President Biden’s “Build Back Better” bill. Following weeks of silence on the matter, Manchin publicly outlined new guidelines for a package he could support. Given the Democrats’ one-vote majority in the Senate, Manchin’s support is required for passage of the bill, in which Democrats hope to include $150 billion in expanded home- and community-based services funding.

While the spending deal slowly advanced, other major developments included:

• The response to Russia’s invasion of Ukraine: After initially opposing the idea, President Biden announced plans to ban Russian oil imports following pressure from Congress.
• President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which outlaws the use of forced arbitration clauses for sexual harassment and assault claims.
• President Biden signed an executive order to begin the process of regulating cryptocurrencies, and even consider whether the U.S. should issue a fully virtual version of the dollar.
• Congress passed the bipartisan Postal Reform Act, which could save the agency nearly $50 billion through reform of its employee health benefits requirements.
• After over a century of effort, Congress overwhelmingly passed the Emmitt Till Anti-Lynching Act, which makes lynching a federal crime.
• Three years after its expiration, the bipartisan reauthorization of the Violence Against Women Act was passed after it was included as part of the long-term spending deal.

Administration Announces New Actions to Address the Needs of People with Disabilities and Older Adults in Response to and Recovery from COVID-⁠19

In February, the Biden administration released a new plan and factsheet detailing actions it will take to meet the needs of people with disabilities and older adults in response to the COVID-19 pandemic. The plan outlined steps that will be taken to ensure the healthcare needs of people with disabilities and older adults are not overlooked during the public health crisis. The action plan includes:

• Equipping schools with guidance and support provide safe, in-person instruction;
• Expanding the Department of Health and Human Services (HHS) Administration for Community Living’s Disability Information and Access Line (DIAL) to support people with disabilities who need assistance using at-home tests or in finding alternative tests. The DIAL line is available at 1-888-677-1199;
• Improving COVID-19 testing guidance through updating CDC guidance in American Sign Language and reviewing all existing COVID-19 guidance to ensure accessibility;.
• Developing at-home COVID-19 tests that are accessible to all through a partnership with the National Institutes of Health;
• Distributing masks to individuals with disabilities.

Upcoming Congressional Town Hall Meetings

Members of Congress continue to hold virtual town hall meetings to address constituent concerns about coronavirus relief. Here is a look at upcoming sessions (click links below to find out how to join):

By Sarah Dobson, Senior Director of Public Policy and Advocacy, and Josh Dubensky, Director of Public Policy and Advocacy for the Lutheran Services in America Disability Network

On Tuesday President Biden signed the $1.5 trillion government spending bill into law. The law failed to include $15 billion in COVID-19 relief aid due to disagreements over how to pay for that provision, but did increase non-defense spending by six percent, including a $6 million increase for home and community-based services. The law provided more funding for biomedical and behavioral research and increased funding for the Centers for Disease Control and Prevention. Funding for public and behavioral health initiatives, including mental health resources for children and youth also saw a significant increase. Under the law, more funding was allocated to create 25,000 new Housing Choice Vouchers for low-income individuals and families at risk of homelessness. The law funds the government until the fall, but Congress is expected to begin work on the next funding bill as soon as they receive the President’s budget framework, which is expected by early April.

Meanwhile, Democrats are still hoping to salvage something from the Build Back Better Act. Debate within the party is focused on whether to pursue a general framework set out by Sen. Manchin to pass an “economic reconciliation package” to address inflation and the deficit or focus on passing any provisions from the Build Back Better package that can win bipartisan support. There remains a lot of uncertainty over the next steps, and we are unlikely to see a major breakthrough for several months.

With the government funding bill passed, other major developments included:

• The response to Russia’s invasion of Ukraine: Following an address by Ukrainian President Volodymyr Zelenskyy to a Joint Session of Congress, President Biden announced a large increase in military aid amid growing pressure to transfer warplanes or even implement a no-fly zone over the country.
• President Biden signed the Reauthorization of the Violence Against Women Act.
• The Senate unanimously passed the Sunshine Protection Act, which would make daylight savings time permanent across the country.
• On Wednesday the Federal Reserve increased the federal funds interest rate by .25 percent, launching the first in what will likely be a series of rate hikes meant to fight inflation.
• Shalanda Young was confirmed in a 61-36 vote as the first Black woman to lead the White House Office of Management and Budget.