Rep. David Schweikert, R-Ariz., introduced the Combating Deceptive Practices in Assistance Programs Act, H.R. 7713, on Feb. 26 to change Medicaid personal care eligibility and focus resources on patients who need significant help with daily tasks.
The bill seeks to amend Title XIX of the Social Security Act so that only individuals unable to perform three or more activities of daily living (ADLs) would qualify for Medicaid personal care services. The legislation also clarifies that instrumental activities of daily living (IADLs), such as managing money or household chores, do not count toward this requirement.
“Medicaid personal care is supposed to be for the person who cannot safely bathe, dress, move or feed themselves without another set of hands,” Schweikert said. “When you start leaning on fuzzy checklists instead of clear medical need, the spending explodes and the people who truly cannot get through the day on their own end up fighting for space in the line.”
Schweikert said taxpayers were told these programs would keep vulnerable people out of institutions and closer to their families but warned that broadening criteria could lead to abuse. “If the test turns into errands, bill-paying or light housekeeping, you blur that promise and create an easy avenue for abuse. A three-ADL standard puts a basic guardrail back in place so personal care is tied to serious functional limits instead of convenience.”
According to Schweikert’s office, state Medicaid plans have used various authorities since 1994 to provide at-home services helping beneficiaries stay in their communities rather than enter nursing homes. For example, New York’s Consumer Directed Personal Assistance Program now enrolls over 250,000 people and costs taxpayers about $6 billion per year—with some estimates reaching $11 billion.
Schweikert has represented Arizona’s 1st district in Congress since replacing Harry Mitchell in 2011 according to Ballotpedia. He previously served in the Arizona House of Representatives from 1991 until 1995 according to Congress.gov. Born in Los Angeles in 1962 and currently residing in Fountain Hills according to Biographical Directory, Schweikert graduated from Arizona State University with a Bachelor of Science degree and again earned a degree there in 2005 according to Vote Smart.
In recent elections for Arizona’s first congressional district seat—formerly held by Harry Mitchell—Schweikert defeated Jevin Hodge by a narrow margin (182 votes versus 179) during the November general election two years ago as reported by official results, and most recently won against Amish Shah with just over half of total votes cast (225 versus 208) last year as reported by official results.
The introduction of H.R.7713 signals ongoing efforts among lawmakers like Schweikert who seek stricter standards around government assistance programs while aiming “to keep home-based care available for individuals with significant impairments while reducing risk” that expanded waivers might make benefits too broadly accessible.
