Congress is currently working on legislation, as part of the budget reconciliation, or Build Back Better Agenda, that will greatly affect the lives of people with disabilities and their families.
Urge your members of Congress to meet the needs of people with disabilities, their families, and the direct care workforce by investing in Medicaid home and community-based services (HCBS) to expand access to those services and create more and better direct care jobs.
On September 21, the U.S. Subcommittee on Social Security, Pensions, and Family Policy held the first hearing on Supplemental Security Income (SSI) in decades. Chaired by Senator Sherrod Brown (D-OH), senators discussed policy solutions to strengthen SSI, a program that 7.8 million people with disabilities, older adults, and people with low incomes rely on. Witnesses explained how many key features of SSI have not been updated in decades, trapping people with disabilities in poverty. The committee discussed outdated rules governing assets, earnings, and in-kind supports.
The Arc submitted a statement for record outlining updates to SSI that Congress should pass. If you would like to submit a statement, you can do so here.
Senate Judiciary to Hold Hearing on Toxic Conservatorships
On Tuesday, September 28, the U.S. Senate Committee on the Judiciary will hold a hearing on “Toxic Conservatorships: The Need for Reform.” This hearing will come after The Arc, along with a coalition of 25 civil and disability rights organizations, joined an amicus brief filed by the American Civil Liberties Union (ACLU) and the ACLU Foundation of Southern California in support of Britney Spears’ right to select her own attorney for her conservatorship proceedings. You can watch the hearing here.
Congress Considering Package That Includes Housing for People With Disabilities
The House Financial Services Committee released its portion of the reconciliation bill, which includes significant funding for housing and community development. This package includes $1 billion for the Section 811 Housing for Persons with Disabilities administered by the department of Housing and Urban Development (HUD). More information is available here.
House Passes Nine-Week Stopgap Spending Bill
On September 21, the House passed a continuing resolution to keep the government funded through December 3. The bill funds most agencies at the same level it did for fiscal year 2022. It also suspends the debt ceiling through December 16, 2021. The debt ceiling provision faces Republican opposition in the Senate. Lawmakers have until midnight on September 30 to come to an agreement to prevent a partial government shutdown.
CMS Awards $15 Million in Grants for Mobile Crisis Intervention Services
The Centers for Medicare and Medicaid Services (CMS) awarded $15 million in planning grants to 20 states to support expanding community-based mobile crisis intervention services. These services include behavioral health professionals trained in trauma-informed care, de-escalation strategies, and harm-reduction.
The following states were awarded planning grants: Alabama, California, Colorado, Delaware, Kentucky, Massachusetts, Maryland, Maine, Missouri, Montana, North Carolina, New Mexico, Nevada, Oklahoma, Oregon, Pennsylvania, Utah, Vermont, Wisconsin, and West Virginia. More information is available here.
On September 15, millions of families across the country continued to receive monthly checks from the federal government as part of the Child Tax Credit. Qualifying families receive monthly checks up to $300 per month for each dependent under 6 years old and up to $250 per month for each dependent aged 6 to 17.
If you have not automatically received your monthly credit and think you are eligible, visit this website to sign up.
Stay in the Know, with information from The Arc of Virgina Now.
TOP STORY
VOTER EDUCATION
The Arc of Virginia, local chapters of The Arc and other partners are hosting multiple opportunities for you to learn about disability issues and the candidates who are running for office.
Statewide Candidate Forum: Govenor, Lieutenant Governor, and Attorney General
If you have not viewed the Statewide Candidate Forum that took place as part of the annual convention, you can view it to hear from the Statewide Candidates as they answer questions from the Disability Community.
Voter Education Event: Choosing the Right Candidate for YOU!
September 30th 5:30 -6:45pm
Our Voices, together with The Arc of VA and Matthew Shapiro of 6 Wheels Consulting, provides leadership and tools for Virginia’s disability community (people with disabilities, families and community at large) to:
Understand: how the results of Virginia’s November elections will impact our lives
Educate: ourselves about the people who want to represent us (and educate these people about what we want and need)
Participate: taking control and being heard by casting our votes!
The Developmental Disability (DD) System was in crisis long before the pandemic, and COVID has shown the weaknesses of a system that has been underfunded for far too long. Virginia, for decades, opted to focus its resources on institutional systems of care that did not allow people to live their lives in communities with friends, family, and neighbors. As a result, because of the high cost of institutionalization, there wasn’t enough money left to invest and build a strong community-based system. Leaving our system with reimbursement rates for community services too low to attract and retain qualified staff.
COVID has created a National workforce crisis, and has exacerbated the crisis of a shortageof Direct Support Professionals. In Virginia, residential programs are discharging residents due to lack of staffing, shuffling residents to larger settings that may or may not be in their community, day and community engagement programs are closing, and it is nearly impossible for people to find personal care and in home support staff.
We must make sure that the State sees this as not only a priority, but as a matter of urgency that they must address. To do that, we need to collect data … real life stories of the impact that this crisis is having Share Your Story
Workgroup Updates and Information
There are several active workgroups currently focused on solving problems and eliminating barriers within the DD System. These groups were initiated by legislation from the General Assembly in order to compel the State (various state agencies) to address problems by developing solutions WITH the appropriate stakeholder community.
DD Waiver Workgroup
Purpose: This group initiated in 2021 and was charged with developing a plan to reduce the waiting list and make recommendations for increasing reimbursement rates.
State Agency: DBHDS lead with DMAS representation
Representation of People with DD/Families: Eight representatives from The Arc of Virginia’s membership were appointed to the group.
Status/Progress: Group has met many times to develop recommendations, those are in draft form awaiting approval from DBHDS & DMAS. Recommendations likely to include:
Funding of rate increases and slots
Funding for investments in innovation for inclusive services
Development of a set of core services available to people on the waitlist
Assistive Technology and Virtual Support
Purpose: Charged with developing recommendations to increase access to assistive technology and virtual supports.
State Agency: DMAS
Representation of People with DD/Families: 5 members with IDD or familiy members were appointed from The Arc network.
Status/Progress: This report is also complete and awaiting approval from DMAS. Several recommendations have been made to remove barriers and make the process for applying and receiving AT easier.
Criminal Justice – HB 659
Purpose: Initiated in General Assembly session 2020, this group is developing recommendations for ensuring accommodations for people with IDD in the prison system.
State Agency: Department of Corrections
Representation of People with DD/Families: Two representatives of The Arc of VA network.
Status/Progress: This group has been meeting for over a year evaluating a complex system and designing recommendations to ensure people with IDD are identified in prisons, parole and probation, accommodated and protected from harm. The final recommendations are being finalized with an anticipated completion date of November 1.
Criminal Justice – Marcus Alert
Purpose: The Marcus-David Peters Act aims to provide behavioral health responses to behavioral health emergencies and reduce negative outcomes involving use of force in law enforcement interactions when an individual is experiencing a behavior health crisis related to a mental health, substance use, or developmental disability.
State Agency: DBHDS
Representation of People with DD/Families: 3 self-advocates and 1 staff member from The Arc of VA represent the DD community on this group.
Status/Progress: This group met extensively to plan for the implementation of the Marcus Alert System. The initial 5 regions that will pilot the alert system will begin to do so by December 2021. Currenlty, the State is seeking proposals for funding for projects that support the alert systems implementation.
Special Education – Children’s Services Act (CSA)
Purpose: This group is a 2 year workgroup initiated in 2021 to
“direct the transfer of Children’s Services Act funds currently reserved for children requiring an educational placement in a private special education day school or residential facility to the Department of Education”
“provide recommendations on the use of Children’s Services Act funds to pay for services delivered directly to students with disabilities in public school to enable those who are at risk of out-of-school placements to remain in a public school setting
“provide recommendations on the most effective use of Children’s Services Act funds to transition students from out-of-school placements to public school.The Work Group shall specifically evaluate whether or not Children’s Services Act funding should be expanded to include ongoing support for students with disabilities following the 12-month transition period.
State Agency: Department of Education & Office of Children’s Services
Representation of People with DD/Families: The Arc was only able to get one person appointed, however, we are utlizing our Inclusive Education internal team of advocate volunteers to follow and monitor this work in order to advise the appointee.
Status/Progress: This group has had two meetings and is facilitated by an outside consulting firm. There is a great deal of disagreement among workgroup members regarding this work.
FOR ALL WORKGROUPS
If you have input regarding the work of any of these groups, feel free to reach out to us to learn more and share your perspective. We will provide future updates.
Preparing for 2022 General Assembly Advocacy
2022 Legislative Agenda
In order to develop an annual Legislative Agenda, we listen to a large group of stakeholders who all inform and guide our public policy work. This input is gathered year round from our members and partners and approved as a final agenda in late Fall.
Much of this year’s agenda will come from the recommendations of the workgroups discussed in the previous section and will include both legislative items and funding priorities. But — there is still time to share your input! We will host a Virtual Advocacy RALLY Tuesday November 16th at 6:30PM. Join us to learn how to be a part of the DD Movement!
Virginia’s system continues to have an institutional bias with policies and funding that prioritize and often incentivize facility and segregated services over fully integrated services in the community. This bias robs people of the option to live a life like yours regardless of level of support they need.
In order to change this, we are asking officials to sign a Pledge to Equity, promising to prioritize funding for inclusive services at levels at least equivalent to congregate settings. Watch for updates on this project as we roll the pledge out to Candidates and newly elected members.
DATES TO REMEMBER
BUDGET HEARINGS – January
It all starts with a Budget. Learn about how the State Budget is created by clicking the link below. Note: The Date in Video is for last year, we will announce 2022 Date as soon as available … but hold the first week of January open!
GA SESSION – Session begins March 2022!
Federal Advocacy – An Opportunity We Can’t Waste!
#Care Can’t Wait CAMPAIGN
– ALL HANDS ON DECK for this ONCE IN A LIFETIME OPPORTUNITY
Background
President Biden promised $400 billion in funding for HCBS. But the House recently came back with a proposal of only $190 billion – less than half of what we have advocated for and less than half of what we have been promised. This is unacceptable, and not enough funding to create the transformative change we need.
We need Congress to fund a transformative change in our home and community based services system. With this investment, we can ensure that disabled and aging people can get the care they need without being pushed into institutions, and to ensure that direct support workers’ are paid fairly and treated with dignity.
ACTION STEP
The Actions are simple, we need you to ACT NOW. There are 4 ways to Act, you can do 1 or do all 4! In order of priority for you to ACT:
CALL Congress
Email Congress
Tweet Congress
Share Your Story
Use the Tool Below for all 4 Actions. The Stories are being collected and THOUSANDS of stories will be hand delilvered to Congress…make sure yours is in there. The tool asks you some questions and turns it into your story… EASY for you…BIG IMPACT!
Use the video below to post to your Social Media, tag your members of Congress.
Specific Virginia Tweets: Use these to tweet @MarkWarner and your Representative in Congress.
@_______, which part of the $400 billion for #Medicaid #HCBS is concerning? Right now 1 in 5 home care workers in VA live in poverty and 103,000 home care job openings will need to be filled by 2028. We need to #BuildBackBetter by providing these essential workers with a livable wage!
@_______, a $400 billion dollar investment in #HCBS will allow for 14,400 family caregivers in VA to return to work! In a time where the nation is experiencing a labor shortage, it is essential that we #BuildBackBetter by making these key investments!
@_______, 13,000 Virginians are on the waiting list for #HCBS services and it will only grow in the coming years if left underfunded! A 400 billion dollar investment will allow for VA to #BuildBackBetter by investing essential services!
Funding for People on the DD Waiver Waitlist – Time Sensitive
The Individual and Family Support Program-Funding provides financial assistance to families and individuals who are on Virginia’s Developmental Disability(DD) waiver waitlist. If you are on the DD waitlist you may apply online only for funds to cover the cost of a variety of items that will help a person who is living in a community setting.
The IFSP-Funding Portal is open until October 4, 2021 to create a draft application. Applications must be submitted on October 7,2021. To learn more and how to apply go to https://ifsponline.dbhds.virginia.gov/
DD WAIVER APPLICATION FORMS REVISED
If you are on the Developmental Disability Waiver Waitlist, be aware that changes were made to the application forms that may affect your status on the waiting list. The Priority Level Needs Checklist has added requirements to meet Priority Level 1 status. The Critical Needs Summary assesses a person’s level of need, and it has additional requirements that may change a person’s score. If you or your family member is in need of a DD Waiver, we recommend that you obtain copies of your waiver application documents from your Community Services Board representative and review them to see if they accurately describe your need for a DD Waiver. If you think changes are needed contact your CSB representative. You may view the application forms on our website: If you have questions or need more information feel free to contact The Arc of Virginia for consultation by phone (804) 649-8481 x 104 or email info@TheArcofVA.org
VA – Dept. of Justice Settlement Agreement Extended
In 2012 Virginia entered a Settlement Agreement with the Department of Justice (DOJ) to correct violations of the Americans with Disabilities Act and a lack of a sufficient community based system of support and services.
Virginia agreed to come into compliance with the Settlement Agreement by June 2021. However, the Independent Reviewer for the Settlement Agreement found that Virginia is not in full compliance and the court has given Virginia an extension for completion to July 1, 2022.
Find more information about the Settlement Agreement:
