Month: March 2021

Capitol Insider

Capitol Insider for the Week of March 22

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Major Recent Events
Members of Congress Unveil Bill to Make HCBS Available to All, Eliminate Institutional Bias  
Last week, Senators Maggie Hassan (D-NH), Bob Casey (D-PA), and Sherrod Brown (D-OH); and Representative Debbie Dingell (D-MI) released draft text of a bill to make Home and Community-Based Services (HCBS) a mandatory benefit under Medicaid and eliminate waiting lists. Currently, states are allowed to limit HCBS services through waiting lists, while they cannot do so for institutional placements. This bill eliminates that institutional bias. Additionally, it increases federal funding to provide for higher pay for direct support professionals. See The Arc’s statement.  

President Signs COVID Relief Reconciliation Bill  
On March 11, President Biden signed the COVID relief reconciliation package. Notable provisions include: Funding for HCBS: 10% FMAP increase for HCBS for one year. Extension of Supplemental Nutrition Assistance Program (SNAP) benefit increase through September Economic Impact Payments of $1,400 per person, including for adult dependents Temporary increase in premium tax credits under the Affordable Care Act Extension and expansion of tax credits for business that provide COVID leave Expansion of Earned Income Tax Credit for childless adults Expansion of and refundability for the Child Tax Credit for low-income families See The Arc’s statement.   Senate Approves Becerra Nomination   On March 18, the Senate approved the nomination of Xavier Becerra to be Secretary of Health and Human Services (HHS) by a vote of 50-49. HHS is the cabinet level department that administers most federal health and social service programs, including Medicare, Medicaid, Affordable Care Act programs, Developmental Disabilities Act programs, Head Start, and Temporary Assistance for Needy Families. Additionally, it oversees the Centers for Disease Control and Prevention, the Food and Drug Administration, and the National Institutes of Health.  

Senate Approves Garland Nomination
On March 10, the Senate approved the nomination of Merrick Garland to be Attorney General with a vote of 70-30. The Attorney General is a cabinet level position in charge of the Department of Justice, which is responsible for enforcing federal civil rights laws, including the Americans with Disabilities Act.   Senate Approves Fudge Nomination   On March 10, the Senate approved the nomination of Marcia Fudge to be Secretary of Housing and Urban Development with a vote of 66-34. HUD is the cabinet level department that oversees federal housing programs and enforces housing laws, such as the Fair Housing Act.  

Senators Introduce Disability Employment Incentives Act
On March 9, Senator Bob Casey (D-PA) and seven other Senators introduced the Disability Employment Incentives Act (S.630). This bill increases three tax credits for employers. The Work Opportunity Tax Credit, which provides incentives for businesses that hire people referred by vocational rehabilitation or who are on Supplemental Security Income or Social Security Disability Insurance, would be increased from $2,400 to $5,000. The Disability Access Expenditures Tax Credit would be increased from $5,000 to $10,000. The Architectural and Transportation Barrier Tax Credit would be increased from $15,000 to $30,000.
Announcements
Members of Congress Unveil Bill to Make HCBS Available to All, Eliminate Institutional Bias  
Last week, Senators Maggie Hassan (D-NH), Bob Casey (D-PA), and Sherrod Brown (D-OH); and Representative Debbie Dingell (D-MI) released draft text of a bill to make Home and Community-Based Services (HCBS) a mandatory benefit under Medicaid and eliminate waiting lists. Currently, states are allowed to limit HCBS services through waiting lists, while they cannot do so for institutional placements. This bill eliminates that institutional bias. Additionally, it increases federal funding to provide for higher pay for direct support professionals. See The Arc’s statement.  

President Signs COVID Relief Reconciliation Bill  
On March 11, President Biden signed the COVID relief reconciliation package. Notable provisions include: Funding for HCBS: 10% FMAP increase for HCBS for one year. Extension of Supplemental Nutrition Assistance Program (SNAP) benefit increase through September Economic Impact Payments of $1,400 per person, including for adult dependents Temporary increase in premium tax credits under the Affordable Care Act Extension and expansion of tax credits for business that provide COVID leave Expansion of Earned Income Tax Credit for childless adults Expansion of and refundability for the Child Tax Credit for low-income families See The Arc’s statement.  

Senate Approves Becerra Nomination  
On March 18, the Senate approved the nomination of Xavier Becerra to be Secretary of Health and Human Services (HHS) by a vote of 50-49. HHS is the cabinet level department that administers most federal health and social service programs, including Medicare, Medicaid, Affordable Care Act programs, Developmental Disabilities Act programs, Head Start, and Temporary Assistance for Needy Families. Additionally, it oversees the Centers for Disease Control and Prevention, the Food and Drug Administration, and the National Institutes of Health.  

Senate Approves Garland Nomination  
On March 10, the Senate approved the nomination of Merrick Garland to be Attorney General with a vote of 70-30. The Attorney General is a cabinet level position in charge of the Department of Justice, which is responsible for enforcing federal civil rights laws, including the Americans with Disabilities Act.  

Senate Approves Fudge Nomination  
On March 10, the Senate approved the nomination of Marcia Fudge to be Secretary of Housing and Urban Development with a vote of 66-34. HUD is the cabinet level department that oversees federal housing programs and enforces housing laws, such as the Fair Housing Act.  

Senators Introduce Disability Employment Incentives Act  
On March 9, Senator Bob Casey (D-PA) and seven other Senators introduced the Disability Employment Incentives Act (S.630). This bill increases three tax credits for employers. The Work Opportunity Tax Credit, which provides incentives for businesses that hire people referred by vocational rehabilitation or who are on Supplemental Security Income or Social Security Disability Insurance, would be increased from $2,400 to $5,000. The Disability Access Expenditures Tax Credit would be increased from $5,000 to $10,000. The Architectural and Transportation Barrier Tax Credit would be increased from $15,000 to $30,000.   Announcements  

Courts Permanently Block Public Charge Rule  
On March 9, the Department of Justice announced it would stop defending the public charge rule. Later that day, the Supreme Court and 7th Circuit Court of Appeals dismissed all pending appeals. As a result, the ruling from the North District of Illinois that blocked the public charge rule is now in effect. The public charge rule defines how the Department of Homeland Security decides who is inadmissible to the U.S. because the government thinks they are likely to become a “public charge,” based on the use of certain government benefits. The rule made it extremely difficult for people with disabilities to immigrate to the United States. It also discouraged those who are already here from using critical public benefits, including the Medicaid-funded home and community based services that many people with disabilities rely on to fully participate in their communities.  

CMS Announces Special Enrollment Period for Health Coverage  
The Centers for Medicare and Medicaid Services (CMS) has announced it will open a special enrollment period (SEP) for federal marketplace health coverage. Typically, individuals can only enroll in marketplace health coverage or change plans toward the end of the year or after a major life event. As a result of the COVID-19 pandemic, CMS opened a SEP from February 15 to May 15 for individuals in states that use the federally facilitated marketplace (healthcare.gov). Additionally, several states with states-based marketplaces have also announced special enrollment periods.  

Amtrak Accepting Claims in DOJ Settlement  
The Department of Justice recently announced the opening of the Compensation Fund in their 2020 settlement with Amtrak. Find more information here on how to submit a claim.
       

The ARC

The Beginning of a New Era: Let’s Remove Barriers to Home and Community-Based Services

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Home should be in the community, with the services to thrive. After years of advocacy by The Arc and our advocates, Congress released draft legislation to make access to home and community-based services (HCBS) a reality for all. No more waiting lists or being tied to one state; this pivotal piece of legislation will be transformative.
For decades, many people with intellectual and developmental disabilities (IDD) have been warehoused and lived segregated lives in institutions. Even today, these institutions still exist in 36 states and are using state and federal dollars. Meanwhile, people with disabilities and families want access to home and community-based services, or HCBS, and there’s not enough of these services to meet the desperate need across the country.
Instead of putting community first, our nation has had it backwards – and this week marks the beginning of the end of this outdated approach.
COVID-19 has put a glaring spotlight on the health dangers facing people living in nursing homes and institutions. Behind closed doors, we don’t even know how many people with disabilities and support staff have died or become ill from this virus. What we do know is that this collective experience has proven that a life in the community is not only what people want, but it is safer.
On Tuesday, Members of Congress unveiled a critical bill developed with The Arc and other disability and aging advocates, that will fundamentally change how people with IDD and older adults live their lives.
The Home and Community-Based Services Access Act (HAA) is a bill that will:

  • Eliminate waiting lists. Today, there are nearly 850,000 people on waiting lists across the country. And often, people are waiting years—sometimes decades—to access these services.
  • Increase federal Medicaid funding to states for HCBS and provide additional grant funding to help states to build the capacity that they need.
  • Address the decades-long direct support professional workforce crisis and ensure that the workers who support people with disabilities and older adults—who are disproportionately women of color—are paid a family sustaining wage.
  • Allow people with disabilities and their families to move from state to state and still be able to access crucial HCBS services, and create a set of services that all states must provide.

The Arc has been leading behind the scenes for years to make this bill a reality—and you have helped too! With every call to support HCBS funding and email to show why a life in the community is important, you have helped with the creation of this landmark legislation. All our efforts have led to this day.
We have a lot of work ahead of us to get this federal legislation finalized, passed, and ultimately signed into law. Just days ago, we got a reprieve from Congress, a year-long significant boost in funding for our current HCBS system. That happened because of YOU. But after a year, we go back to the same broken system, unless we act now!
We have an opportunity to transform the system for generations to come. To get it right. To put community first.
It’s a new era, and The Arc is once again leading toward the future. Learn more about this critical issue and share your story. We need your momentum to carry us forward into a new era.

Courtesy of The ARC.

Uncategorized

COVID-19 Bill Victory for People With IDD – Thank You for Your Advocacy!

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Anna, YOU did it!

After a year of your advocacy—calls, emails, texts—we now have the dedicated Medicaid home and community-based funding necessary to support people with disabilities, their families, and service providers in this crisis.

On Wednesday, Congress passed the American Rescue Plan legislation, which includes $12.7 billion of vital dedicated funding for one year to strengthen and expand access to Medicaid home and community-based services (HCBS). HCBS help people with disabilities live as independently as possible in their communities and out of the danger of institutions and nursing homes (read The Arc’s statement here). This funding is what we have been emailing you about for almost a YEAR, and we got it!

This is an incredible victory, thanks to you!

The Arc network has worked tirelessly together to fight for the critical needs of people with disabilities, their families, and the direct support professional (DSP) workforce to be included in COVID-19 relief legislation. Advocates from The Arc have contacted Congress nearly 170,000 times, shared their stories with the media, organized days of actions with partner organizations, and much more – and we made it happen!

In addition to the HCBS funding, other critical provisions in the bill include:
• Including all people with disabilities, including “adult dependents” in receiving stimulus payments
• Extension and expansion of tax credits to cover COVID leave, so that families can support loved ones while care is interrupted.

This has been a difficult year. People with disabilities have been disproportionally impacted by this pandemic. We have lost loved ones, friends, and direct support professionals. We did not give up. Your relentless work to advocate for what we needed to survive this public health crisis made a difference.

Take a moment to celebrate this victory. There will be a lot more work to do to secure long-term funding to make access to the community a reality for all, and I know you will be ready to fight for the human rights of people with disabilities with The Arc.

Peter Berns
Chief Executive Officer
The Arc of the United States