Quarterly Advocacy Update: Fall 2024

This summer the SDAHO Advocacy Team was able to participate in a few events with legislators and continue building rapport with candidates who are either hoping to return or become first time members of the legislature. SDAHO also monitored several administrative rules packages and worked with both the Departments of Health and Social Services to make some modifications and ultimately pass them through the rules process.

General Election

Even though election day is Tuesday, November 5, early voting has begun, and polling stations are open for those who won’t be able to vote on November 5, or who want to beat the rush. It is important as a voter to learn about the candidates and issues prior to going to your polling location. For individual candidates, it is important to get to know your candidates and ask them what they know and how they feel about various healthcare issues to determine where their priorities and values lay.

Initiated Measure 28 is one of the most highly debated ballot issues facing voters this year. Proponents are praising the measure for its ability to help hard working South Dakotans with their food and grocery bills, while opponents are concerned about the lack of funding and negative impacts on the State’s budget. If passed, the 2025 SD Legislature will have a lot of work to do in order to define the term “human consumption” that will ultimately decide the total cost. If passed, it is expected that Medicaid providers will see a cut to their rates, possibly greater than that facing State employees and educators.

Amendment F is “An amendment to the Constitution of the State of South Dakota, authorizing the state to impose work requirements on certain individuals who are eligible for expanded Medicaid.” If passed, the Department of Social Services would be authorized to submit a State Plan Amendment to the Centers for Medicare and Medicaid Services in order for the State to impose work requirements on those individuals with Medicaid Expansion who are not mentally or physically disabled. Currently, Georgia is the only state that has a fully implemented Medicaid work requirement program, which is posing financial and enforcement problems for the State of Georgia. If passed, SDAHO will work with the State to help educate members on any potential impacts, if implemented.

Additional ballot measures are out there for topics such as open primaries, legalized recreational marijuana, abortion, and more. SDAHO encourages all of our members to become educated on these issues before going to your local polling location. To learn more about the issues on the upcoming election, please visit the SD Secretary of State’s website on 2024 Ballot Questions.

Staffing Mandate Lawsuit

SDAHO has joined a lawsuit with 21 LeadingAge state affiliates, membership associations that represent hundreds of not-for-profit aging services providers across the country, in addition to 20 Attorneys General to overturn the Centers for Medicaid and Medicare Services’ (CMS) staffing mandate. While we share CMS’s goal of ensuring all nursing home residents receive quality care, we don’t agree that the staffing mandate gets it right. Rather, the mandate is an overreach by CMS that places an undue financial burden on states, providers, and Americans. The parallel lawsuit bolsters efforts in Texas and provides another way to oppose the mandate and protect access to long-term care. SDAHO is committed to providing safe, quality care to older adults. It is imperative to work together to identify policies that truly improve the comprehensive care of older adults and while supporting our ability to serve.

Looking Forward

The SDAHO Advocacy team will continue to monitor the SD legislature during the interim with Jacob Parsons, Director of Advocacy and Reimbursement, located in Pierre. Additionally, the team monitors and advocates for federal legislation. Senator Thune’s SUSTAIN 340B Act is one of the most important pieces our team is currently watching and will provide more information if that, or other pieces of legislation, get introduced.

If you have any questions about what is included in this update, or anything else related to SDAHO’s Advocacy efforts, please reach out to Jacob at Jacob.Parsons@sdaho.org.