Major Recent EventsMedicaid/LTSS: House and Senate Approve MFP Extension On March 25, the House of Representatives approved the Medicaid Services Investment and Accountability Act of 2019 (H.R.1839) which adds an additional $20 million for the Money Follows the Person (MFP) program through September 30, 2019. The Senate passed H.R.1839 on April 2. It now awaits the President’s signature. MFP has helped more than 88,000 seniors and individuals with disabilities move out of nursing homes and institutions. Independent evaluations have proven that MFP improves the quality of life for individuals and has reduced Medicaid and Medicare expenditures by approximately 23%. The Arc strongly supports reauthorization of MFP. Additionally, the bill extends Medicaid’s spousal impoverishment protections for home and community-based services beneficiaries until September 30. The spousal impoverishment protection allows the spouse of a Medicaid long term services and supports (LTSS) beneficiary to maintain a modest amount of income and resources for food, rent, and medication. Health/LTSS: Medicare for All Plan With LTSS Coverage Introduced in the House On April 10, Senator Bernie Sanders (I-VT) and 14 other Senators introduced the Medicare for All Act of 2019 (S.1129) which expands Medicare to cover all residents. It also eliminates all out-of-pocket costs for all benefits except prescription drugs and expands benefits to include home and community-based long term services and supports (LTSS), among other things. The Arc supports including provisions to address the need for LTSS in any comprehensive health reform proposal. Budget & Appropriations: House Committee Passes Bill to Increase Spending Caps for FY 2020 On April 4, the House Budget Committee reported out the Investing for the People Act (H.R.2021) to raise on defense and nondefense discretionary (NDD) spending by $88 billion each in FY 2020 and FY 2021. If the spending caps created by the Budget Control Act of 2011 remain in place, non-defense discretionary (NDD) funding will be reduced by $55 billion (9%) compared to the current fiscal year. The NDD part of the federal budget includes education, housing, employment, transportation, Developmental Disabilities Councils, protection and advocacy (P&A) programs, university centers on disabilities, and many more programs. The vote was 19-17, largely along party lines. The bill was subsequently pulled before making it to the House floor due to disagreements among Democrats regarding the relative increase for defense and NDD programs. Family Support: Lifespan Respite Care Reauthorization Introduced in the House and Senate On April 2, Senators Susan Collins (R-ME) and Tammy Baldwin (D-WI) and Representatives Jim Langevin (D-RI) and Cathy McMorris Rodgers (R-WA) introduced the Lifespan Respite Care Reauthorization Act of 2019 (S.995,H.R.2035). This bipartisan bill reauthorizes the Lifespan Respite Care Program through fiscal year 2024. The Lifespan Respite Care Program, through grants to states, helps build coordinated state lifespan respite systems, helps family caregivers pay for respite or find funding sources, encourages development of new and innovative community and faith based respite opportunities, and trains respite workers and volunteers. The Arc supports this legislation. AnnouncementsEducation: Education Department Releases School Climate Guidance On April 10, the Department of Education released a guidance documenttitled “Parent and Educator Guide to School Climate Resources.” This document provides strategies schools can use to improve school climate, reduce disciplinary issues, and make schools safer. The document recommends the use of school-wide positive behavior support programs.

Action Alerts   Tell Your Members of Congress: Fund the Money Follows the Person Program   Major Recent Events Education: IDEA Full Funding Act Reintroduced On March 26, Senators Chris Van Hollen (D-MD) and Pat Roberts (R-KS) and Representatives Jared Huffman (D-CA), John Katko (R-NY), Joe Neguse (D-CO), David McKinley (R-WV), Dean Phillips (D-MN), Brian Fitzpatrick (R-PA), Kurt Schrader (D-OR), and Glen Thompson (R-PA) introduced the IDEA Full Funding Act (S.866/H.R.1878). This bipartisan bill would increase spending over the next decade to bring the federal share of funding for special education up to 40 percent, the amount committed when the law was first enacted in 1975. The federal government currently covers only 14 percent of these costs. The Arc supports this legislation.   Health: DOJ to Argue Court Should Invalidate Entire ACA On March 25, the Department of Justice (DOJ) filed a letter to the U.S. Court of Appeals for the Fifth Circuit stating it agreed with the ruling of the Federal District Court for the Northern District of Texas in United States v. Texas invalidating the entire Affordable Care Act (ACA). In this case, the lower court ruled that as a result of Tax Cuts and Jobs Act provision reducing the individual mandate penalty to $0, the mandate was unconstitutional. Furthermore, the lower court ruled that the entire ACA was invalid as a result. The DOJ had previously argued in District Court that only the individual mandate and pre-existing condition protections should be invalidated, while the rest of the law should remain intact. The Arc strongly supports fully overturning the District Court ruling and has signed onto an amicus brief.   Medicaid: Federal Court Strikes Down Medicaid Work Requirements On March 27, a judge in the Federal District Court for the District of Columbia issued two rulings striking down Medicaid work requirements in Arkansas and Kentucky. The opinions direct the Department of Health and Human Services (HHS) to reconsider the states’ waiver applications with consideration given to possible loss of coverage. The same judge invalidated Kentucky’s waiver last year, and HHS re-approved it without changes after another notice and comment period. Arkansas’s waiver had already gone into effect, and 16,000 had already lost coverage as a result. Read The Arc’s statement on the rulings.   Announcements Miscellaneous: Attend the Disability Policy Seminar on April 8-10 The 2019 Disability Policy Seminar is now only one week away! This is the premier event for bringing the issues and concerns of people with intellectual and/or developmental disabilities to Capitol Hill. Join other passionate advocates and professionals from around the country to get up to date on the latest policy issues and legislation and to advocate for the programs that people with disabilities rely on to live and work in the community! Register here.   Family Support: NCAPPS to Host Webinar on Person and Family-Centered Planning for Respite On April 3, the National Center on Advancing Person-Centered Practices and Systems (NCAPPS) will host a webinar titled Person and Family-Centered Planning for Respite. The webinar will focus on the importance of person and family-centered planning for caregivers. NCAPPS is a new initiative from the Administration for Community Living and Centers for Medicare and Medicaid Services to provide technical assistance to states, tribes, and territories. Presenters for the webinar will be Shawn Terrell, Administration for Community Living; Alixe Bonardi, Human Services Research Institute; and Bevin Croft, Human Services Research Institute. Register here.

March 2019

Spring Updates & Information

Public Comment OPEN!!

Due March 29, 2019

Have Your Say Today!

It’s YOUR Life!

Tell Virginia How YOU Want to Live It!

Attention Advocates! 

Do you or someone you know get services through a DD Waiver?  If so, you need to let your voice be heard today.

A federal rule, called the Home and Community Based Services (HCBS) Settings Rule, tells providers how services should be provided to help people getting services have full lives with their families, friends, and neighbors. 

Virginia must write a State Transition Plan (STP) outlining how all providers in Virginia will become compliant with this rule.

The STP is ready for public comment! Virginia needs to hear from people who care about waivers and services -people like you!

First – look at the plan Here

Second – Share your suggestions and comments telling the state what is important to you.  You can share your suggestions by emailing hcbscomments@dmas.virginia.gov

The deadline to share your thoughts is March 29, 2019

Here are a few of the most important things that need to be part of Virginia’s STP:

• People must be given a choice to live in their own home or apartment. Services must come to people where they live, regardless of what type of services and supports they need.
• Services must help people be independent and make their own decisions.
• Services must help people go to different places and do different things in their communities. The services follow the person in their life. 
• Services must give people privacy, dignity, respect, freedom from being told what to do, and freedom from restraint.
• Services must help people find real jobs for real pay.
• People must have a choice about what services they get and who provides them.

Tell the state whether your services help you stay in charge of your own life or need to be changed so that Virginia is following the HCBS rule. Here are some things you could tell Virginia about:

• You could tell the state about where you live, especially if you live in a group home. Do you live where you want to live? Do you get to leave when you want to go out? Do you get to decide how you spend your money? Do you get to be around the people you want?
• You could tell the state about what you do during the day, especially if you go to a day program. What do you do there? Do you get to decide how to spend your day

You CAN advocate for the life that you want

Medicaid Disability Determination for your Teen

Heads up, especially for teens with disabilities turning 18!  To be eligible for Medicaid (including Waivers) when a teen turns 18, it is very important that parents contact their local Department of Social Services to find out what is required to keep eligibility for the teen with a disability turning 18.

Because we have heard from many families around the state about different processes in different areas, The Arc of Virginia recommends that parents of 17 year olds contact their local Department of Social Services and find out what is required to maintain eligibility 120 days BEFORE the 18th birthday.

When you contact your Department of Social Services ask for information about “Disability Determination for Medicaid”.  

Start early so you know what your local Department of Social Services requires and recommends.

Please contact us if you have any problems in your area.  

DOJ Hearing April 23rd

Preparing for the End of the Settlement Agreement

DOJ Settlement Agreement Hearing –

There is Power in Numbers! 

In 2012 Virginia entered into a Settlement Agreement with the Department of Justice following an investigation that found Virginia to be in violation of requirements to provide opportunities for people with developmental disabilities to live their lives and receive services in their communities. The expiration of this agreement is June 30, 2021. 

The purpose of this Hearing is for the court to determine what the Commonwealth has complied with, as well as what items they have not complied with, in preparation for the end of the agreement.

The Arc and advocacy community encourages people to attend the hearing, to continue showing the court as well as lawmakers that the need for community based DD Waiver Services is huge, and they must direct funds and policy to address the ever growing waiting list for DD Waiver Services.  

When:  April 23rd at 9:00 AM

Where:  Judge Gibney’s Courtroom 6000 located at 701 East Broad St, Richmond VA 23219

Rules to Enter Courtroom:

• Everyone must have a photo ID
• No electronic devices of any kind – no cell phones, Apple watches, etc..
• If anyone is on medical technology (vent, etc.), please contact the courthouse at 804.916.2221 for assistance
• IF YOU PLAN TO ATTEND, PLEASE EMAIL kwebb@thearcofva.org

Action Alerts

Tell Your Members of Congress: Fund the Money Follows the Person Program

Major Recent Events

Budget & Appropriations: President Releases FY 2020 Budget Request Documents

On March 11, President Trump released his fiscal year (FY) 2020 Budget Request. The budget proposes $2.7 trillion in cuts over 10 years, including cuts to Medicaid, the Affordable Care Act programs, and non-defense discretionary (NDD) programs. NDD programs – which include education, employment, housing, transportation, and more – would be cut by $54 billion (9 percent from 2019 levels alone). Throughout the week, more detailed department budgets have been released, including those for the Departments of Education, Health and Human Services, Housing and Urban Development, and Justice. These department budgets reveal drastic cuts for numerous disability-related programs such as:

• Office of Disability Employment Policy: -30%
• Developmental Disabilities Councils State Grants: -29%
• University Centers for Excellence in Developmental Disabilities: -20%
• Lifespan Respite: -25%

Though the President’s Budget Request does not have the force of law, it can set the stage for the Congressional budgets which follow. Click here to see proposed spending levels for disability-related discretionary programs in the President’s FY 2020 Budget Request. For more information, see The Arc’s statement.

Announcements

Miscellaneous: Attend the Disability Policy Seminar on April 8-10 Registration is open for the for the 2019 Disability Policy Seminar, the premier event for bringing the issues and concerns of people with intellectual and/or developmental disabilities to Capitol Hill. Join other passionate advocates and professionals from around the country to get up to date on the latest policy issues and legislation and to advocate for the programs that people with disabilities rely on to live and work in the community. Register today!