AMTRAK DISABILITY SETTLEMENT

• If you or someone you know encountered barriers at these Virginia Amtrak stations (Ashland, Clifton Forge, Petersburg, Richmond Staples Mill Road), you may be qualified to make a claim for monetary compensation.  
• Visit AmtrakDisabilitySettlement.com to find out if you’re qualified for a compensation fund. Claims must be submitted by May 29, 2021.

STATE NEWS 

State Updates From our Partners in Advocacy – Ashley Wright, Davis Consultants

DD & CCC+ WAIVER UPDATES

Rates paid to Consumer Directed and Agency Directed Providers effective May 1, 2021   Northern Virginia Rate for Consumer Directed Personal Care, Respite and Companion:  $13.60/hour Rest of Virginia Rate for Consumer Directed Personal Care, Respite and Companion:  $10.50/hour.    Northern Virginia Rate for Agency Directed Personal Care, Respite and Companion:  $18.02/hour Rest of Virginia Rate for Agency Directed Personal Care, Respite and Companion:  $15.31/hour. Flexibilities that will change effective May 1, 2021 In-person visits will be required as outlined below. In the event a person refuses the in-person visit, the provider shall document the reason the face-to-face visit could not be made and a telehealth visit should be conducted. Providers shall use social distancing protocols and face masks.  1. Personal care, respite, and companion services, agency-directed and consumer-directed services: For people that have not had an in-person visit on or after 3/12/2020, the next required agency supervisory or services facilitator reassessment/routine visit should be done in person. In-person visits shall be required every six months for the duration of the Public Health Emergency. Telehealth visits may be conducted for visits that occur in between the six month in-person visits. 2.   Newly enrolled people in the waiver or waiver service. In-person visits will be required for anyone newly enrolled in the waiver or in a waiver service with effective dates of May 1, 2021 or after. In-person visits shall be required every six months for the duration of the Public Health Emergency. Telehealth visits may be conducted for visits in between the six month in-person visits. 3.    Any member with a significant change requesting an increase in support due to changes in medical condition or natural supports. 4.  Developmental Disability Waiver case management face-to-face visits for individuals  waivers shall be conducted in person. This applies to targeted case management including visits for completion of the SIS, VIDES, annual plan meetings, and case management visits. The SIS, VIDES and annual plan meetings should be held in an appropriate setting allowing for social distancing and other precautions. Flexibilities that will END effective August 1, 2021 1. Parents of children under 18 and spouses will not be permitted to be paid to provide personal care/personal assistance. (DMAS will continue to re-evaluate this flexibility prior to August 1, 2021.)   2.  Community Engagement (CE)/Community Coaching (CC) provided through telephonic/video conferencing.  3.  In-home Support services delivered via an electronic method or telehealth(telephonic/video).  4.  Group Day Services provided through video conferencing. NEW REGULATIONS FOR DD WAIVER SERVICES New regulations for the Developmental Disability Waiver program took effect May 1st. Click to view the new regs. PROGRAM NEWS Peer Mentoring – Open for Business! Do you have a goal you want to achieve?   A Peer Mentor Can Help! What Is A Peer Mentor: Peer Mentor Supports is a DD Medicaid Waiver service designed to foster connections and relationships which build individual resilience. Who Can Receive Peer Mentor Services: People ages 16 and older who currently receive DD Waiver Services. Special Offer to those on the DD Waiting List: Through special state funding, we can offer Peer Mentoring to people on the DD Waiver Waiting List!  So get in touch today before the limited spots run out!  Email ncooper@thearcofva.org to get matched with the right Mentor for your goals! Click for peer mentoring information.

Mommas & Poppas Connection

New Path Family Support Network of The Arc of Virginia can help connect you to other parents with similar experiences! 

To learn more about New Path Family Support Network, contact Robin Church at rchurch@thearcofva.org

Federal Action Alert

FEDERAL ACTION ALERT

Be Part of the Virginia Delegation to D.C.COVID-19 Recovery Requires Historic Investment in Disability Services

We need a groundswell of action – #MedicaidCantWait for this long-overdue support!
For years, the service system that people with intellectual and development disabilities (IDD) and their families rely on, Medicaid, has needed an update. People are stuck on waiting lists, the direct care workforce is underpaid, and too often, unpaid family caregivers are filling in the gaps in service. The COVID-19 pandemic has magnified these problems and exposed the cracks and gaps in the care infrastructure when it comes to supporting people with disabilities.

Now, the Administration has proposed a historic investment in disability services as a part of a COVID-19 economic recovery.  
Congress must follow President Biden’s lead and fund $400 billion for the Medicaid home and community-based services (HCBS) system, increase wages for the direct care workforce, and create more of these jobs.

We must ask Members of Congress to enact legislation that lives up to this plan and do more for people with disabilities, their families, and the direct care workforce. We need:

A $400 billion investment to fund expanded access to Medicaid HCBS to people with disabilities on waiting lists and address the direct care workforce crisis, including raising wages. This effort will also allow unpaid family caregivers who have been filling in the gaps of service for far too long to re-enter the workforce.
A national paid leave program. The pandemic forced millions of people to choose between their own health, the health of their families, and their livelihood. We must invest in our care infrastructure and pass a national paid leave program that guarantees paid leave to family caregivers.
Improvements to the Supplemental Security Income program. The lowest income people with disabilities who rely on SSI receive extremely limited benefits and cannot have more than $2,000 in savings, an amount that has not been updated since 1984. SSI benefits, asset limits, and other program rules must be updated to lift people with disabilities out of poverty.

Act Now: Urge your Members of Congress to meet the needs of people with disabilities, their families, and the direct care workforce!​  

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

In December 2020 Governor Northam released his Budget for the state for fiscal year 2021 (begins July 2021).  Last week, each body of the General Assembly released their plans for Virginia’s 2021 Budget.   The Arc of Virginia included 2 items in our Funding Priorities this year: Fully Fund Priority 1:  There are over 3,000 people on the Priority 1 waiting list.The result at this point is:·         Senate proposal includes 650 new DD Waiver Slots House proposal does not include new DD Waiver Slots Eliminate the Inclusion Penalty: Currently, the rate paid for the service Supported Living is significantly than the similar service of Group Home.  Both services suport someone up to 24 hours per day, the only difference is the setting.  This rate sets up an inequity in a system that is supposed to be focused on building a robust communmity based system.  We strongly believe that…Service Rates Should NOT Dictate Choice!! The result at this point is: Senate proposal does not include the funding but it does include specific language directing a review of Suported Living during future rate setting processes House proposal does not include Supported Living funding or language Strategy from here:  We are in discussions with key leaders regarding the waiting list and Supported Living.  We will bring you updates as we have them.  Please watch for ACTION ALERTS related to funding issues as we work to try and move the needle forward for both of these priorities.  There are MANY other items in the budgets that are relevant to the DD community.  Some of those items are listed below.    Please note some items are repeated if they are in both the proposed Senate and House Budgets.  Often the proposals of each body take different approaches.  The next step is for each chamber (House and Senate) to assing Budget Conferees to negotiate a final budget. The Arc of VA will be working with Conferees to share our positions on each item and we will be calling on grassroots advocates to contact the Legislators on key budget items.  So please watch for ACTION ALERTS.   Rate Increase for Personal Care Services FY22 – $36.7 million  Item 313 #11h (HOUSE) Increase Personal Care Rates (6.4% on May 1, 2021, 14.3% on November 1, 2021) FY21 – $6.3 million  FY22 – $60.82 million  Item 313 #1s (SENATE) HB 2137 Paid Sick Leave for Personal Care Attendants FY22 – $3.44 million Item 313 #13h (HOUSE) Restore Funding for Medicaid Works for Individuals with Disabilities FY22 – $57,210  Item 313 #4h (HOUSE) Item 313 #7s (SENATE) Support Payments for Medicaid Developmental Disability Waiver Providers FY21 – $15.0 million Item 314 #1s (SENATE) Permanent Continuation of DD Waiver Telehealth/Virtual Services (language) This item paired well with The Arc’s legislative priority for a workgroup to address barriers to Virtual Supports, including Assistive Technology.                    Item 313 #18h (HOUSE) Item 313 #14s (SENATE) Rebasing Report on Developmental Disability Waiver Rates – provides a reformulation of waiver rates.   FY22 – $175,000 Item 320 #1s (SENATE) DD Waiver provider rates to reflect the impact of minimum wage increases – CONTINGENT amendment that only becomes effective IF general fund revenues for fiscal year 2021 exceed the FY21 official forecast. If this happens, the amendment includes three priority items listed in priority order – the DD rate adjustment is #2.                                                                                                                                          FY 22 – $20 M (SENATE)

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What is Next and What can YOU DO? We will continue working with key legislators to move forward the Funding priorities.  We will need advocates engaged and taking action by contacting Legislators to tell them that these items are important to the DD Community.   1) Follow our Action Center (button below) 2) Watch email for important ACTION ALERTS on Funding Items!!

RICHMOND—Governor Northam today vetoed House Bill 2296, which would change the Virginians with Disabilities Act (VDA) by requiring a claimant to provide at least 120 days of notification to financial entities prior to the commencement of a lawsuit regarding web accessibility.

The Governor’s full veto statement is below.
Retrieved from
https://www.governor.virginia.gov/newsroom/all-releases/2019/may/headline-840397-en.html?fbclid=IwAR1vdEz6r-42Aiv9IpejS-YfkZMhDY47Hby8c5RmNmKQe78ygVIE4FtSyrE

May 3, 2019

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 2296. This legislation changes the Virginians with Disabilities Act (VDA) by requiring a claimant to notify financial entities including banks, trusts, savings institutions, and credit unions, at least 120 days prior to commencement of a lawsuit regarding web accessibility.

This legislation recognizes that as more banking services move online, it is essential that websites are accessible for all Virginians, especially individuals with disabilities. The legislation takes a positive step in ensuring accessibility by establishing web content accessibility guidelines. However, the legislation also creates arbitrary delays in the administration of justice for individuals with disabilities. It creates onerous preconditions for the initiation of a lawsuit and shifts the burden of identifying VDA violations from covered entities to people with disabilities. Additionally, the bill will make it more difficult for people with disabilities to obtain legal representation to aid them in protecting their rights under the VDA. Finally, House Bill 2296 does not address the issue that it seeks to remedy. While the bill makes changes to the VDA, it does not and cannot override the federal Americans with Disabilities Act. With this in mind, I encourage stakeholders to work together to find a solution.

Accordingly, I veto this bill.

Sincerely,

Ralph S. Northam