EFMP Reform in 2020

There haven't been many silver linings to 2020. However, for military special needs families, it has quietly been a year of significant reform.

On February 5th, 2020, Rep Jackie Speirer of California and Rep Trent Kelly of Mississippi hosted a bipartisan, standing room only (with an overflow room!) House Armed Services Committee hearing highlighting the problems with the service branch's Exceptional Family Member Programs (EFMP) and the issues military families with special needs face.

This hearing was riveting, with two military spouses, Michelle Norman and Austin Carrigg, representing EFMP families and stealing the show with their compelling testimony. You can read the testimony by others participating here: EFMP Hearing Testimony

Their testimony drove significant reform in this year's defense bill, commonly called the National Defense Authorization Act (NDAA). There are three broad areas I'd like to highlight from this year's NDAA:

EFMP Program Reform: Sec 582, Improvements to Exceptional Family Member Program is by far the most significant EFMP reform in a decade, making substantive changes to Title 10, Sec 1781c (*), the part of US Code implementing the EFMP program:

1. Standardization of the EFMP program across the different service branches, including a standardized respite benefit.
2. A review process to ensure health care, special education programs, and installation-based family programs are available to EFMP families
3. Requirement for the creation of an EFMP case management model, including a case manager requirement at every installation.

Special Education Reform: Championed by Partners in Promise, a group of military spouses focused on special education, these changes are significant, including:

1. Requirement to provide legal services by an attorney, trained in special education law, at each military installation a service Secretary determines has not historically supported EFMP families. Sec 582, Improvements to Exceptional Family Member Program(b)(7)
2. Requirement for each Secretary to collect and maintain special education dispute information. Sec 589G
3. A GAO and DoD study on Impact Aid for military students with disabilities. Sec 589A and 589G.
4. A study of the DoD Education Activity (DoDEA) School Liaison program and its goals of assisting special education military children. Sec 589H

ECHO Program Reforms: Championed by the TRICARE for Kids Coalition, these reforms are almost two decades in the works, the last significant legislative fixes occurring when the program was created in the early 2000's. These reforms include:

1. Increases respite benefit from 16 hours to 32 hours (this is different from the services' respite benefit).
2. No longer will a family have to use another ECHO benefit in order to access the respite benefit in any given month.
3. Requires DoD annual reporting requirements and a GAO study on ECHO utilization, including a study element as to why military families have trouble accessing state community-based Medicaid waivers (hint, we move too often and the waiting lists are too long).

To read the specifics related to ECHO reform, please see Sec 704 Expansion of Benefits under TRICARE Extended Care Health Option Program.

SO WHAT'S NEXT?

The next step is for DoD and the service branches to turn this law into action. We've been here before, and it's easier said than done. We are going to need the support of our most senior leaders, in the White House and DoD. With the new Biden administration and the relaunch of Joining Forces, I am hopeful implementation of this law and other needed reforms will be on top of President and Dr. Biden's military family agenda. If you have any questions, please don't hesitate to reach out to me at [email protected]. Want to understand better the issues impacting EFMP families? Please check out the following link (it's a lot of information, so feel free to reach out if you have any questions):

*Title 10, Sec 1781c was created by the 2010 NDAA (PL 111-84) in Oct of 2009. This part of the US code details all the requirements for the DoD Office of Special Needs and the service branches as it relates to the EFMP program. After these NDAA reforms are implemented, the code should look like this: Title 10, Sec 1781c with 2021 NDAA Sections

This article is my opinion and not a reflection of the policy or position of the Department of Defense or the Department of the Air Force.