Major Events Last Week in the U.S. Congress

Major Events Last Week

U.S. Congress

Both Houses of Congress adjourned until a lame duck session scheduled to begin on November 15.

FY 2011 Appropriations/Tax Policy

After failing to pass any of the twelve FY 2011 appropriations bills, the Congress passed a simple FY 2011 Continuing Resolution (CR) that keeps the federal government operating at current levels until December 3. This deadline will force the Congress to return for a lame duck session after the election. Passage of the CR came after Republican attempts to cut 5% of current spending and to have the CR in place until the new 112th Congress start up next year.

The Congress took no action on extending all or some of the tax cuts adopted under the George W. Bush Administration. Those tax cuts are set expire at the end of this year. This is another key policy decision that will need to be addressed in the lame duck session.

Health

On September 29th, the House of Representatives passed several bills related to specific health conditions such as heart disease, arthritis, scleroderma, bone marrow failure and concussion treatment. Two bills of particular interest are:
• H.R. 3421, “Medical Debt Relief Act” which excludes from consumer credit reports medical debt that had been characterized as delinquent, charged off, or debt in collection for credit reporting purposes and has been fully paid or settled. People with serious medical conditions and disabilities requiring expensive medical treatments can easily accumulate medical debt. Medical debt collection issues affect both insured and uninsured consumers.
• H.R. 758, “Pediatric Research Consortia Establishment Act” provides funding for planning and establishing up to 20 national pediatric research consortia to conduct basic, clinical, behavioral, social, and translational research and conduct training and demonstration of advanced diagnostic and treatment methods relating to pediatrics.

Housing

The Senate Banking, Housing and Urban Affairs Committee passed S. 1481, the Frank Melville Supportive Housing Investment Act. This bill makes changes to Section 811 program in the Cranston-Gonsalves Affordable Housing Act. The bill establishes new standards for leases to tenants with disabilities and would require HUD to provide housing assistance through local housing authorities. The bill also directs the HUD Secretary to fund technical support to public housing agencies to administer the housing voucher program for people with disabilities. If local housing authorities fail to meet HUD guidelines, HUD could assume control of the administrative functions. The Arc and UCP strongly support this bill and have worked aggressively towards its passage since it was first introduced.

ADA/Title III/Olmstead

A major Olmstead case was settled against the state of Illinois on behalf of a class of 4,300 people with mental disabilities living in large, private state-funded institutions for mental diseases (IMDs). Illinois has agreed to develop individualized plans and make services available over the next five years, including housing, for all of the class members who are interested in moving out of institutions and living in the community. Anyone who wishes to stay in the IMD may do so. Illinois had used 100% state dollars to fund the IMDs and may now use federal Medicaid dollars for medications and health care services class members receive in the community. To read more, see:
http://www.accessliving.org/index.php?tray=release&tid=top683&cid=2al137

ADA/ State and Local Government

The Department of Justice entered into settlement agreements over complaints under Title II of the Americans with Disabilities Act with the cities of Cheyenne, Wyoming and Muskegon, Michigan. Cheyenne agreed to make the Taco John’s Event Center, which is used for sporting and entertainment events, accessible by providing adequate parking spaces for people with disabilities, accessible restrooms, wheelchair and companion seating dispersed throughout the arena, and accessible elevators. Muskegon, Michigan agreed to make polling places, its website and curbs and sidewalks accessible. The city also agreed to modify its facilities, including city hall, the police station, the central fire station/9-1-1 call center, the L.C. Walker Arena and numerous parks, community centers and other recreational facilities so that parking, routes into the buildings, entrances, public telephones, restrooms, service counters, and drinking fountains are accessible to people with disabilities. To read more about the settlement agreements, go to:
http://www.justice.gov/opa/pr/2010/September/10-crt-1095.html

Under Project Civic Access, DOJ reached agreements with Fort Myers, Florida and Newport, Rhode Island that ensure access for people with disabilities to local government facilities and programs. DOJ has reached agreements with 185 cities, towns, and counties throughout the country under the project guaranteeing access to public facilities and programs for four million people with disabilities. The agreements call for the cities to ensure that all new construction or alterations to government buildings comply with accessibility standards, the cities’ websites are accessible, emergency management information and services are accessible, and city employees are trained about ADA requirements. To read more about the agreements, see:
http://www.justice.gov/opa/pr/2010/September/10-crt-1106.html

ADA / Transportation

The Department of Justice fined the Tornado Bus Company of Dallas, Texas $55,000 for violating the ADA. An investigation by the Federal Motor Carrier Safety Administration in the Department of Transportation found that the company had only one accessible bus in service. The company agreed to upgrade its fleet so that at least 50% of the busses were accessible by February 2011, train its staff, and ensure that a wheelchair lift maintenance program is in place. To read DOJ’s press release, go to:
http://www.justice.gov/opa/pr/2010/September/10-crt-1083.html

Technology

Congress passed and sent to the President for his signature the 21st Century Communications and Video Accessibility Act, S. 3304. The bill requires smart phones, TV programs, the internet, menus on DVD players, program guides on cable TV, and other modern communications technologies to be accessible to people with hearing and vision disabilities. It also requires that emergency broadcast information be accessible to people with visual and cognitive disabilities. The bill was passed with bipartisan support in both chambers of Congress.

Restraint and Seclusion

Senator Christopher Dodd (D-CT) introduced The Keeping All Kids Safe Act, S 3895, an updated version of his earlier bill (S. 2860). Senator Richard Burr (R-NC) is a co-sponsor of S. 3895. The updated version of the bill would allow school districts to include restraint and seclusion in individual education programs (IEPs) only if students had a two-year history of dangerous behaviors that could result in serious bodily injury and a functional behavioral assessment and behavioral intervention plan were developed and implemented by professionals. The bill would prohibit all chemical and mechanical restraints and restraints that restrict breathing. The bill was referred to the Senate’s Health, Education, Labor and Pensions Committee.



Major Events Ahead

U.S. Congress

All is quiet on Capitol Hill as Congress has begun its pre-election recess. Congress will reconvene on November 15th.



Announcements

Autism Resource Center

The Administration on Developmental Disabilities (ADD) in the Department of Health and Human Services awarded a $1.8 million grant to The Arc to establish Autism NOW: The National Autism Resource and Information Center. Autism NOW will help people connect with services and interventions in their own communities. The Arc will work in collaboration with the Autism Self Advocacy Network and Self-advocates becoming empowered (SABE). Self-advocates will be integral in forming and operating Autism NOW. For more information, go to:
http://www.thearc.org/page.aspx?pid=1910

Community Living Services and Supports (CLASS) Web Site

Advance CLASS, the newly formed non-profit organization created to ensure the successful implementation CLASS Act, recently launched its web site. Advance CLASS will address the need for long-term services and supports across the lifespan through education and outreach activities aimed at the federal government as well as the general public. It will provide a strong voice in assuring that the CLASS Act which was passed as part of the health care reform is implemented correctly and provides the greatest benefit to people with disabilities, older adults and their caregivers. The Arc and UCP are charter members of Advance CLASS and the DPC’s Marty Ford is on the board of directors. See:
http://www.advanceclass.org/

Housing Funding

U.S. Housing and Urban Development (HUD) Secretary Shaun Donovan announced that thousands of non-elderly Americans with disabilities will receive housing assistance to enable them to access affordable housing. Public housing authorities across the U.S. will distribute approximately 4,300 rental assistance vouchers to this population. HUD is awarding nearly $33 million to fund these vouchers through its Rental Assistance for Non-Elderly Persons with Disabilities Program. The grants are part of the $40 million HUD made available last April to help public housing authorities across the country fund rental vouchers for non-elderly persons with disabilities For more information, see:
http://portal.hud.gov/portal/page/portal/HUD/press/press_releases_media
_advisories/2010/HUDNo.10-214

Health Care Reform Video

The Kaiser Family Foundation has made available a video to help the American public understand the new health care reform law. This short animated movie -- featuring the "YouToons" -- explains the problems with the current health care system, the changes that are happening now, and the big changes coming in 2014. Click on the image to view the video.

Medicaid, Medicare, and CHIP Fraud Prevention Resources

The Affordable Care Act provides new tools to help prevent fraud, waste, and abuse in Medicare, Medicaid, and the Children’s Health Insurance Program (CHIP). The Centers for Medicare & Medicaid Services (CMS) recently made available a number of new materials relating to fraud and abuse.
http://www.healthcare.gov/news/factsheets/new_tools_to_fight_fraud.html
http://www.healthcare.gov/news/factsheets/tools_to_fight_fraud.html

CMS is also running print ads in Parade Magazine and other publications informing Medicare beneficiaries of ways to protect their identity and personal information from fraud. These ads, and additional resources and materials on protecting against fraud, can be found at:
http://www.stopmedicarefraud.gov/

Medicaid Spending Report

The Kaiser Family Foundation released reports that found states expecting 7.4 percent growth in Medicaid spending in fiscal year 2011 as the recession’s lingering effects drive up enrollment. Due to the nation’s deep recession, states experienced rapid growth in their Medicaid enrollment and spending last year and expect additional growth, though at a slower pace, in fiscal year 2011, according to a survey of state Medicaid officials in all 50 states. States reported an average increase in Medicaid spending of 8.8 percent across all states in fiscal year 2010, the highest rate of growth in eight years and well above their original projections of 6.3 percent growth. Medicaid directors attributed the unexpected jump to higher-than-expected increases in eligible families due to the recession, which pushed the national unemployment rate above 10 percent and even higher rates in some states. Read more at:
http://www.kff.org/medicaid/enrollmentreports.cfm

Disability Employment Month

On October 1st, President Obama issued a proclamation marking October 2010 as National Disability Employment Awareness Month. To celebrate this year’s commemorative month, the Office of Disability Employment Policy (ODEP) released a series of downloadable posters in honor of National Disability Employment Awareness Month (NDEAM) of October. The 2010 NDEAM theme is Talent Has No Boundaries: Workforce Diversity Includes Workers with Disabilities. Posters are available in several languages now at:
NDEAM 2010 Posters

Employment Grants

Today the Employment and Training Administration (ETA) of the U.S. Department of Labor announced the availability of funding for YouthBuild Grants. There is approximately $130 million available for public or private non-profit agencies or a consortium of agencies to assist eligible enrollees, which include members of a low-income family and/or youth with disabilities. Grant funds will be used to provide disadvantaged youth with the education and employment skills necessary to achieve economic self sufficiency. See the announcement at:
http://www.doleta.gov/grants/pdf/SGA-DFA-PY-10-02.pdf