PolicyBrief
H.R. 9940
119th CongressJul 23rd 2026
Disability Community Act of 2026
IN COMMITTEE

The Disability Community Act of 2026 provides an increased federal Medicaid match for state regulatory compliance costs and updates outdated terminology throughout the Social Security Act to reflect person-first language.

Paul Tonko
D

Paul Tonko

Representative

NY-20

LEGISLATION

Disability Community Act of 2026 Boosts Federal Medicaid Match to 90% for Regulatory Compliance and Modernizes Legal Terms.

The Disability Community Act of 2026 focuses on two major shifts: a significant financial boost for state-run disability services and a long-overdue vocabulary update in federal law. Between 2027 and 2029, the federal government will pick up 90% of the tab for specific Medicaid costs that states incur while trying to meet federal regulations. This isn't just a minor accounting change; it’s a targeted financial incentive designed to help states upgrade their care facilities and home-based services without draining their local budgets. By covering nearly the entire cost of compliance for these three years, the bill aims to ensure that intermediate care facilities and community-based programs actually have the resources to meet higher federal standards.

Funding the Front Lines

Under Section 2, the federal medical assistance percentage (FMAP) jumps to 90% for expenditures related to complying with specific labor and health regulations (like 29 CFR 541.600 and various parts of 42 CFR). For a local facility manager or a family relying on home-based care, this means the state has fewer excuses to lag on improvements. If a state needs to update its staffing ratios or safety protocols to meet federal rules, Uncle Sam is offering to pay 90 cents on the dollar for those specific costs during that 2027-2029 window. This provision effectively lowers the financial barrier for states to provide higher-quality, regulated care for individuals with intellectual and developmental disabilities.

Dignity in the Fine Print

Beyond the budget, the bill systematically scrubs outdated and offensive language from Title XIX of the Social Security Act. Terms like “mentally retarded” and “mental retardation” are being struck from the record and replaced with person-first language, such as “individuals with intellectual or developmental disabilities.” This change applies across the board, from the names of state authorities to the descriptions of residents in nursing facilities. While it doesn't change the medical care itself, it aligns the law with modern standards of respect, ensuring that the legal framework governing a person’s care doesn't use derogatory language to describe them.