It’s Time for the Senate to Act!

Tell Congress to Include the Disability Community in COVID-19 Relief BillsTAKE ACTION NOW

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Major Recent Events

Senate Rejects “Skinny” COVID Relief Bill

On September 10, Senate Republicans failed to get enough votes to advance their pared-down version of the COVID-19 relief bill they introduced last month. This bill included a $300 unemployment benefit bonus; additional Paycheck Protection Program loans for businesses experiencing substantial revenue drops; additional education funding (including for private school scholarships); additional funding for development and distribution of vaccines, drugs, and other medical supplies; liability protections; and an expanded charitable tax deduction. This $650 billion bill did not include any of The Arc’s top priorities, which are:

• Increased federal funding for home and community-based services (HCBS) under Medicaid
• Increased access to personal protective equipment (PPE) for direct support professionals
• Expanded eligibility for economic impact payments to adult dependents and another round of payments
• Paid leave eligibility for family caregivers of adults with disabilities, including siblings and grandparents

We urge you to continue contacting your Senators here.

Short Term FY 21 Funding Bill Released

Today the House released the text of H.R. 8319 to fund the federal government from the start of fiscal year (FY) 2021 on October 1 through December 11. The vast majority of agencies and programs are level funded and several other provisions are included in the measure. These include extensions of the Medicaid Money Follows the Person program and Spousal Impoverishment Protections program to December 11. The measure also includes $1.5 billion to conduct the 2020 Census but it does not include $30 billion for farm aid that the White House had sought. A vote is expected in the House this week. Both parties have indicated they want to pass a funding bill to avoid a government shutdown just weeks before the election.

Announcements

The Arc Mourns the Loss of Justice Ruth Bader Ginsburg

On September 18, U.S. Supreme Court Justice Ruth Bader Ginsburg passed away. Justice Ginsburg served on the Supreme Court for 27 years. She authored the majority opinion in the landmark case Olmstead v. L.C. in which the court ruled that people with disabilities have a right to be free from inappropriate institutionalization and to be served in the “most integrated setting appropriate to the needs.” See The Arc’s statement.

USCCR Recommends Phase-Out of Subminimum Wage

On September 17, the U.S. Commission on Civil Rights (USCCR) released a report in which they recommended a phase-out of subminimum wages under Section 14 (c) of the Fair Labor Standards Act. The report highlighted “persistent failures” in oversight of the program. Furthermore, the report notes that people with IDD who earn subminimum wage “are not categorically different in level of disability” from people with IDD who work in competitive integrated employment. In recommending a planned phase-out, the report emphasizes that “[t]he phased repeal of 14(c) must not reflect a retreat in federal investments and support for employment success of persons with disabilities but rather a reconceptualization of the way in which the federal government can enhance the possibilities for success and growth for people with disabilities.” The Arc supports building infrastructure and supports needed to phase out the issuance of subminimum wage certificates, increasing opportunities for competitive integrated employment, and putting in place safeguards to protect the interests of any people affected by this shift.

Tuesday, September 22 is National Voter Registration Day!

Are you registered? Register, update your registration, find your polling location and other key information at The Arc’s Civic Action Center: thearc.org/registertovote.

Town Hall: The Arc’s Response to COVID-19 and Plans for the Future

Help spread the word for our October 7 Town Hall designed specifically for self-advocates, family members, caregivers, and service providers. Board President Fred Misilo and Chief Executive Officer Peter Berns will lead a panel discussion on The Arc’s response to the pandemic, the progress we have made, and the threats that remain – and they will also share the new Strategic Framework for the Future of The Arc. Register today! 

The Arc is fighting for the human and civil rights of people with I/DD, and their right to live and be included in their communities. Our success depends on support from advocates like you. Donate today!

For people with intellectual and developmental disabilities
The Arc promotes and protects the human rights of people with intellectual and developmental disabilities and actively supports their full inclusion and participation in the community throughout their lifetimes.

Tell Congress to Include the Disability Community in COVID-19 Relief Bills!TAKE ACTION NOW

Major Recent Events

Senate Rejects “Skinny” COVID Relief Bill

On September 10, Senate Republicans failed to get enough votes to advance their pared-down version of the COVID-19 relief bill they introduced last month. This bill included a $300 unemployment benefit bonus; additional Paycheck Protection Program loans for businesses experiencing substantial revenue drops; additional education funding (including for private school scholarships); additional funding for development and distribution of vaccines, drugs, and other medical supplies; liability protections; and an expanded charitable tax deduction. This $650 billion bill did not include any of The Arc’s top priorities, which are:

• Increased federal funding for home and community-based services (HCBS) under Medicaid
• Increased access to personal protective equipment (PPE) for direct support professionals
• Expanded eligibility for economic impact payments to adult dependents and another round of payments
• Paid leave eligibility for family caregivers of adults with disabilities, including siblings and grandparents

We urge you to continue contacting your Senators here.

Speaker, White House Reach Agreement on Continuing Resolution

Speaker Nancy Pelosi and Treasury Secretary Steve Mnuchin have reached a broad outline to fund the federal government after appropriations expire on September 30. There will be no stimulus or other COVID-19 relief provisions. With limited exceptions, it will provide the same funding levels as the current fiscal year. Congressional leadership will continue to negotiate details, including consideration of disaster relief funding for areas affected by hurricanes or wildfires.

CDC Issues Eviction Moratorium Order

On September 1, 2020, the Centers for Disease Control and Prevention (CDC) issued an eviction moratorium order that is in effect from September 4, 2020 to December 31, 2020. The temporary moratorium on evictions extends vital protections to tens of millions of renters at risk of eviction for nonpayment of rent during the global pandemic. The order applies to eligible renters in all jurisdictions, except where local state, local, or tribal areas have an eviction moratorium that provides greater protection. To be protected, a renter must submit a signed declaration to their landlord. The CDC has provided a model declaration form.

Since back rent will be due after the moratorium expires, The Arc will continue to advocate for needed rental assistance to protect renters and landlords who rely on rental income to maintain and operate their properties. For more information, go here and here.

Announcements

GAO Releases Report on Deaths, Bankruptcies, and Wait Times Among Social Security Benefit Appellees

On August 13, the Government Accountability Office (GAO) released a study on death, bankruptcies, and wait times among people appealing Social Security disability determinations. The report found that between the median wait time for people appealing their initial determination was 839 days between fiscal years (FY) 2008 and 2019. The annual death rate increased from 0.52% in 2011 to 0.72% in 2018. In that same period, 109,725 people died while awaiting a final determination. Between FY 2014 and 2019, approximately 48,000 people awaiting appeals filed bankruptcy.

CHN Holds Webinar on Using Census Surveys of Poverty, Income, and Health

On September 9, the Coalition on Human Needs held a webinar titled “Then and Now: How to Use New Census Surveys About Poverty, Income, and Health from 2019 and 2020.” Speakers were Jared Bernstein, Senior Fellow, Center on Budget and Policy Priorities; Arloc Sherman, Vice President of Data Analysis and Research, Center on Budget and Policy Priorities; and Deborah Weinstein, Executive Director, Coalition on Human Needs. Sign up here to view the webinar recording.

Federal Court Strikes Down Education Department Rule Increasing Funding for Private Schools

On September 8, the U.S. District Court for the District of Columbia issued a decision striking down the Department of Education rule requiring school districts to distribute funding to private schools based on the total number of children attending private schools rather than the number of low income children who attend private schools. The Arc applauds this decision, which would ensure that approximately $1.3 billion from COVID-19 relief funding is not diverted from public schools. For more information click here.

Town Hall: The Arc’s Response to COVID-19 and Plans for the Future

Help spread the word for our October 7 Town Hall designed specifically for self-advocates, family members, caregivers, and service providers. Board President Fred Misilo and Chief Executive Officer Peter Berns will lead a panel discussion on The Arc’s response to the pandemic, the progress we have made, and the threats that remain – and they will also share the new Strategic Framework for the Future of The Arc. Register today! 

The Arc is fighting for the human and civil rights of people with I/DD, and their right to live and be included in their communities. Our success depends on support from advocates like you. Donate today!

For people with intellectual and developmental disabilities
The Arc promotes and protects the human rights of people with intellectual and developmental disabilities and actively supports their full inclusion and participation in the community throughout their lifetimes.

Major Recent Events

Autism: President Signs Autism CARES Act

On September 30, President Trump signed into law the Autism Collaboration, Accountability, Research, Education, and Support (CARES) Act of 2019 (H.R.1058). The Arc strongly supports this bill to reauthorize the Autism CARES Act, which funds critical autism research, surveillance, and education programs at the National Institutes of Health (NIH), Centers for Disease Control and Prevention (CDC), and Health Resources and Services Administration (HRSA). This reauthorization includes a greater focus on the needs of people with autism and other developmental disabilities across the lifespan. It also increases the minimum number of self-advocates on the Interagency Autism Coordinating Committee (IACC). The law was reauthorized for five years.

Announcements

Education: NCEO Releases Report on State-Defined Alternate Diplomas

The National Center on Education Outcomes released a report titled “Status of State-Defined Alternate Diplomas in 2018-19.” State-defined alternate diplomas were established in the Every Student Succeeds Act (ESSA) of 2015 as the only credential other than a regular high school diploma that can be included in calculating graduation rates. State-defined alternate diplomas may only be made available to students with the most significant cognitive disabilities who take the alternate assessment aligned to alternate academic achievement standards (AA-AAS). The report found that eight states (AR, LA, MS, NV, NH, TN, UT, and WV) currently have alternate diplomas for students with significant cognitive disabilities. It also found that these states are clearly defining the requirements for earning the diploma, but they are not providing informational resources that help educators implement the requirements or that help families decide whether to pursue the option. Among other things, the authors recommend states report on the number of students pursuing the alternate diploma, receiving the alternate diploma, and their post-school outcomes.

Miscellaneous News: Only 4 More Days to Register for The Arc’s National Convention on October 11-14.

Are you ready to join advocates from all over the country at The Arc’s 2019 National Convention in Washington, DC? Whether you’re a professional looking to develop skills, a person with I/DD or family member trying to expand your advocacy and support network, or an ally interested in getting more involved in the disability community, we have a program that will speak to you! You’ll connect with other passionate advocates from across the country and learn how to navigate and work to improve employment, education, housing, technology, criminal justice, and more. Register online today or on-site starting Friday, October 11.Due to The Arc’s National Convention, Capitol Insider will not be published next week. Publication will resume on October 21, 2019.

Major Recent Events

Autism: Senate Passes Autism Care Act

On September 19, the Senate passed the House version of the Autism Collaboration, Accountability, Research, Education, and Support (CARES) Act of 2019 (H.R.1058) by unanimous consent. The Arc strongly supports this bill to reauthorize the Autism CARES Act, which funds critical autism research, surveillance, and education programs at the National Institutes of Health (NIH), Centers for Disease Control and Prevention (CDC), and Health Resources and Services Administration (HRSA), respectively. This reauthorization includes a greater focus on the needs of people with autism and other developmental disabilities across the lifespan. Additionally, it increases the minimum number of self-advocates on the Interagency Autism Coordinating Committee (IACC). The bill now awaits President Trump’s signature.

Direct Support Professionals: Direct CARE Opportunity Act Introduced

On September 19, Senators Tim Kaine (D-VA) and Maggie Hassan (D-NH) and Representatives Bobby Scott (D-VA) and Susie Lee (D-NV) introduced the Direct Creation, Advancement, and Retention of Employment (CARE) Opportunity Act (S.2521/H.R.4397). This bill provides grants to 15 entities to develop and implement strategies relating to recruitment, retention, and career advancement for direct care workers. The Arc strongly supports this bill.

Budget & Appropriations: House Passes Bill to Prevent Government Shutdown While Senate Committees Release Funding Bills

On September 19, the House passed a continuing resolution (H.R.4378) to keep the government funded from the start of fiscal year (FY) 2020 on October 1 through November 21. Meanwhile, Senate Appropriations Committee Chairman Roy Blunt (R-NY) released a draft of the FY 2020 Labor, Health and Human Services, Education, and Related Agencies Appropriations Bill the day before. Most of The Arc’s priority programs receive the same funding level as in FY 2019 in the proposed Senate bill, however some programs receive increases such as Lifespan Respite Care Act (49%) and Special Olympics Education Programs (14%). Funding levels for The Arc’s priority programs can be found here.

Employment: Senate Committee Holds Hearing on Labor Nominee

On September 19, the Senate Health, Education, Labor and Pensions Committee held a hearing on the nomination of Eugene Scalia to be Secretary of Labor. The Department of Labor is the agency responsible for the implementation of federal labor and employment laws, including those relating to wages and hours. Additionally, it includes the Office of Disability Employment Policy which is a non-regulatory agency that promotes employment of people with disabilities. Visit the Committee web site for more information or to access video of the hearing.

Announcements

Miscellaneous News: Registration Open for The Arc’s National Convention

Are you ready to join advocates from all over the country? Registration is officially open for The Arc’s 2019 National Convention in Washington, DC. Whether you’re a professional looking to develop skills, a person with I/DD or family member trying to expand your advocacy and support network, or an ally interested in getting more involved in the disability community, we have a program that will speak to you! You’ll connect with other passionate advocates from across the country and learn how to navigate and work to improve employment, education, housing, technology, criminal justice, and more. Register today at convention.thearc.org!Correction: The September 16 issue of Capitol Insider stated that Rep. Raul Grijalva was represented New Mexico. However, he represents Arizona. The Arc regrets this error.

Be Informed. Be Heard. VOTE. To help ensure that our elected representatives understand the issues affecting people with developmental disabilities, and to give our community a chance to hear directly from Candidates on the topics important to you, we are hosting a series of events designed to engage Candidates with their constituents. Be Informed. Core Public Policy Platform – Adopted by our Membership at this year’s annual meeting in July of 2019. Stories from People with Developmental Disabilities and their Families – Watch our Facebook Page and YouTube Channel for weekly stories leading up to the Elections. To share your story, contact info@thearcofva.org. Candid Candidates Video Series – HEAR directly from the Candidates as they are invited to share their perspectives on the Disability System in Virginia with short videos that we will publish on our Facebook and Youtube Channel. Be Heard Candidate Forums – Take part in one of the Candidate Forums across the State, and share your questions with candidates about what matters to you most. To see if there is a Forum in your area click here. Post Election Candidate Education – Following elections, we will host educational meetings with elected members, particularly focusing on areas where the Delegate or senator is newly elected or were not in an area where a Forum was held. VOTE – November 5th is Election Day for all 140 Seats of the Virginia General Assembly. Find your Candidates for VA General Assembly HERE. The Arc of Virginia is a 501(c)3 non profit organization, and does NOT endorse, support or promote any Party or Candidates. All Candidates running in Virginia were invited to share their views on Disability through these various opportunities. Reminders & Updates Are You on the DD Waiver Wait List? The Individual and Family Support Program (IFSP) is designed to assist individuals on the Developmental Disability(DD) Waiver Wait List and their families to access short-term, person/family centered resources, supports and services. These services and items funded through the IFSP are intended to support the individual in their own or family home in the community. Individuals may submit applications to apply for IFSP from Oct. 1 @ 9:00 am until Oct. 11, 2019 @ 5:00 pm. Applicants may be prepared now by creating and saving a draft application. This is a first come first served program so do not delay. For more information and how to apply go to: https://tinyurl.com/yxwwvfnw. Electronic Visit Verification – Transition Period Announced In case you haven’t heard, Virginia is implementing Electronic Visit Verification(EVV) for Medicaid Waiver attendants and Employers of Record(EOR) who provide personal/attendant care, respite and companion services. EVV is a technology system to verify that an attendant/caregiver provides services by clocking in and clocking out of their shift. Attendants and EORs need to prepare now if they haven’t already for this new system that is required so that attendants will be paid. The EVV system is required in order for attendants to be paid effective January 1, 2020. The VA Dept. of Medical Assistance Service will have a transition period for EVV from10.1 -12.31.19 to allow providers additional time to come into compliance with the EVV requirements. During this transition period agency directed providers and consumer directed attendants will continue to be reimbursed for services that do not meet EVV compliance. For claims submitted on or after January 1, 2020, EVV will be required and reimbursement will be denied for services not compliant with EVV requirements. *Please read the Medicaid Bulletin issued on Sept. 25 here and get prepared now. The EVV system is required in order for attendants to be paid effective January 1, 2020. Training Opportunities Medicaid Waiver Workshops for You Medicaid Waivers are a lifeline for many people with developmental disabilities. The Arc ofVirginia will be presenting Medicaid Waiver workshops in October in Prince William County and Roanoke. To learn more about these free presentations and how to register click here. October is National Disability Employment Awareness Month October is National Disability Employment Awareness Month, and all members of The Arcoof Virginia are encouraged to participate. The purpose of National Disability Employment Awareness Month is to educate about disability employment issues and celebrate the many and varied contributions of America’s workers with disabilities. Held annually, National Disability Employment Awareness Month is led by the U.S. Department of Labor’s Office of Disability Employment Policy, but its true spirit lies in the many observances held at the grassroots level across the nation every year. Employers of all sizes and in all industries are encouraged to participate in NDEAM. For specific ideas about how you can support National Disability Employment Awareness Month, visit www.dol.gov/NDEAM. Suggestions range from simple, such as putting up a poster, to comprehensive, such as implementing a disability education program. Regardless, all play an important part in fostering a more inclusive workforce, one where every person is recognized for his or her abilities — every day of every month. In the next edition of The Insider… Stay Tuned to find out!