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NCSL Updates
NCSL Farm Bill Webinar
Join NCSL for the upcoming Lay of the Land: A Farm Bill Update webinar on Thursday, Dec. 12, from 3-4 p.m. EST. Hear from Adrienne Wojciechowski, the Department of Agriculture’s assistant secretary of congressional relations, and congressional staff about what the farm bill is, what it does, and this important bill’s state of play on Capitol Hill. Register and please share among your colleagues and partners.
Congressional Update
Criminal Justice Reform Gains Momentum With Passage of Reentry Support Bill
Last week, the Senate unanimously passed the bipartisan Second Chance Reauthorization Act, which would provide critical tools and support for formerly incarcerated individuals to successfully reenter society. The bill now heads to the House in a race to be passed before the end of the 118th Congress. NCSL supports the bill and will continue to work with Congress to pass this important stream of reentry funding for states. Read more
Administration Updates
Proposal to Eliminate Subminimum Wages for Workers With Disabilities
The proposed rule would phase out Department of Labor certificates that permit employers to pay certain workers with disabilities less than the federal minimum wage of $7.25 per hour. Primarily used by nonprofit community programs that support people with disabilities in segregated settings, these 14(c) certificates, a reference to Section 14(c) of Fair Labor Standards Act, would end three years from the effective date of the final rule.
According to the department’s FAQ, 14(c) certificates were established in 1938 at a time when job opportunities for people with disabilities were far more limited than they are today and were intended “to prevent the curtailment of opportunities for employment.” There are currently 801 employers across 38 states holding 14(c) certificates, and the department reports that 49% of workers paid by these employers “made $3.50 or less and approximately 10% were paid $1.00 per hour or less.”
A list of current employers and the states in which they operate may be found here. Public comments, which may be submitted here, are due by Jan. 17, 2025.
Proposed Rule Would Mandate Medicare and Medicaid Coverage of Anti-Obesity Drugs for Obesity
Medicare is prohibited from covering the cost of anti-obesity drugs when used for weight loss; however, the drugs must be covered when used for other health conditions, including cardiovascular disease and diabetes. Medicaid, which also must cover the cost of these drugs when used for other health conditions, is permitted to cover the costs for obesity—and 13 state programs already do so.
The Centers for Medicare & Medicaid Services explains in a press release that the proposed rule would reinterpret the current statutory language in recognition of “the prevailing medical consensus that obesity is a disease.”
The drugs, known as GLP-1s (glucagon-like peptide-1 receptor agonists), have been used for years to treat diabetes, but newer forms have been used to treat obesity. According to a KFF analysis, the drugs’ high cost has led to limited coverage by state Medicaid programs, Affordable Care Act marketplace plans and employer-provided coverage. KFF estimates that, if finalized, the proposed rule would provide coverage for 4 million Medicaid beneficiaries at a cost of $11 billion to the federal government and $4 billion to states. It is not known what reductions in costs might result from a decrease in chronic diseases associated with obesity. Approximately 40% of adults and 26% of children on Medicaid have obesity. Public comments may be submitted here by Jan. 27, 2025. Follow the “Submit a comment” instructions. Read more
CFPB Targets Data Brokers in Effort to Safeguard Americans’ Privacy and Security
A proposed rule aims to regulate data brokers, classifying them as consumer reporting agencies under the Fair Credit Reporting Act. The change would require brokers to implement additional consumer protections, such as complying with accuracy requirements, providing consumers access to their information, and maintaining safeguards against misuse, according to the agency. The rule would target the sale of personal identifiers, such as Social Security numbers and phone numbers, to prevent abuse by criminals, foreign governments and stalkers. Read more
Upcoming Summer EBT Implementation Deadline
States that plan to implement the Summer Electronic Benefits Transfer program in 2025 must submit a letter of intent to the Department of Agriculture by Jan. 1. Summer EBT is an optional program allowing families of children who qualify for free or reduced-price school lunches to receive $40 per child per month over the summer while school is out. Participating states must cover half of the administrative cost of implementation, while the federal government covers the benefits and remaining administrative costs. Summer EBT was first available in summer 2024. Any state or territory may participate in summer 2025, regardless of whether they implemented the program in 2024. Read more