Major Events Last Week

Major Events Last Week

Congress - Election Results to Date

The elections for the 112th Congress remain incomplete as the Alaska Senate seat write in count continues and five House seats are still not finalized. There will be at least 95 new Representatives (86 Republicans and 9 Democrats). At least 12 new Republican Senators will take office, along with 3 new Democratic Senators.

Congress - Deal on House Democratic leadership

House Democrats appear to have resolved its leadership positions as the minority party in the 112th Congress. Rep. Nancy Pelosi (D-CA) will shift from Speaker to Minority Leader. Rep. Steny Hoyer (D-MD) will become Minority Whip. Rep. James Clyburn (D-SC), the current Majority Whip, assumes a new post, as yet unnamed, to remain the third ranking Democrat. Rep. John Larson (D-CT) will retain his role as Chairman of the Democratic Caucus.

Congress - Senate Leadership Unchanged

No major changes are anticipated in Democratic or Republican leadership.

Medicaid - States Considering Opting Out

Republicans in the Texas state legislature have floated a proposal to opt out of the federal-state Medicaid program citing their belief that they could provide more cost-effective and efficient care by giving up federal funds entirely or by getting federal waivers to provide health care on their own terms. The federal government currently covers 60 percent of the Texas $45 billion biennial Medicaid budget. About a dozen states, including Alabama, Mississippi, Washington, and Wyoming, apparently are also considering redesigning their Medicaid programs. Some are considering eliminating federal financing to give states maximum control while others are considering seeking federal waivers to allow states to change parts of their Medicaid programs. Some conservatives are claiming that if states dropped Medicaid, many low income people would instead receive federal subsidies to buy private insurance coverage through the state health insurance exchanges created by the Affordable Care Act. States would then become totally responsible for Medicaid beneficiaries who require long term care. Health care experts are trying to determine how serious the states are about these plans and whether their plans are even possible.

Fiscal Commission - Draft Proposal includes Significant Cuts to Social Security and Long Term Services and Supports

The Co-Chairmen of the bipartisan National Commission on Fiscal Responsibility and Reform released their draft proposal on November 10. The proposal contains a number of profound reductions in entitlement, discretionary, and defense spending. Of greatest concern to the disability community are: 1) Social Security - increasing the age of retirement to age 69 which would disproportionately affect people with health problems as well as persons who receive Disabled Adult Children (DAC) benefits; and 2) Medicaid - capping spending on long term services and supports by creating a block grant. If 14 of the 18 Commission members agree on the recommendations, they will be voted on by the Congress. The sudden release of the draft proposal due to the Co-chairmen's fears of a leak, however, indicates a lack of consensus among its members. The Commission is slated to release its full report on December 1. Whether or not the Commission's recommendations get the support of at least 14 members and proceed to floor votes in the House and Senate, they are likely to influence the legislative agenda of the incoming Congress. See the draft proposal at:
http://www.fiscalcommission.gov/sites/fiscalcommission.gov/files/documents/CoChair_Draft.pdf

Restraint and Seclusion - Bill Not Moving Forward this Congress

DPC staff and representatives of other national disability organizations met with staff of the Senate Health, Education, Labor and Pensions (HELP) committee and learned that S.3895, The Keeping All Kids Safe Act, will not move forward in this session of Congress. It is possible that new legislation could be introduced in the next session of Congress. Senator Burr (R-NC) indicated his continuing interest in addressing restraint and seclusion in schools. Advocates will be looking for a Democratic sponsor given the retirement of Senator Dodd (D-CT) from the Senate.

Medicare - Durable Medical Equipment Competitive Bidding Program Beginning in Select Cities

The Centers for Medicare and Medicaid Services (CMS) began mailing out letters to beneficiaries in nine communities who may be affected by the new competitive bidding program for durable medical equipment (DME). This program is expected to save Medicare $28 billion over 10 years. The program goes into effect on January 1, 2011 for beneficiaries in the Charlotte, Cincinnati, Cleveland, Dallas, Kansas City, Miami, Orlando, Pittsburgh and Riverside areas. Under this program, Medicare beneficiaries will need to order their equipment from a Medicare contract provider in order for Medicare to pay for it. The DME program includes oxygen supplies and equipment as well as power wheelchairs, scooters and related accessories. For more information about the program visit:
http://www.cms.gov/DMEPOSCompetitiveBid/01_overview.asp

ADA/Public Accommodations - Settlement Agreement with Hilton

The Department of Justice (DOJ) entered into an agreement with Hilton Worldwide Inc to settle an Americans with Disabilities Act Title III complaint. Under the agreement, Hilton agreed to provide accessible hotel rooms and to allow people with disabilities to make reservations for accessible rooms over the phone or internet. The agreement applies to all Hilton hotels as well as Hilton-owned brands including Conrad Hotels & Resorts, Doubletree, Embassy Suites, Hampton Inn, Hilton Garden Inn, Hilton Grand Vacations, Homewood Suites, the Waldorf Astoria and Home2Suites. This is the first time DOJ has required a franchisor to certify that all franchised or managed hotels comply with the ADA. It also is the first time DOJ has required a hotel chain to make its online reservations system accessible and to provide on its website current data about accessible features in guest rooms throughout the chain.

Civil Rights - Department of Justice Meeting

Disability Policy Collaboration staff participated in a meeting of disability advocates with the leadership of the Department of Justice's Civil Rights Division. Assistant Attorney General Tom Perez and his senior staff led a lengthy discussion of key issues being worked on by the Civil Rights Division. The DOJ officials reaped high praise from the disability community in relationship to their work on ADA and Olmstead implementation and enforcement. The participants also discussed other issues related to disability rights.

Developmental Disabilities - ADD Summit in Florida

Disability Policy Collaboration staff participated in a two day Administration on Developmental Disabilities (ADD) Regional Summit held in Orlando. One of five planned regional summits, these meetings are intended to solicit stakeholder views on future priority directions for the ADD. ADD Commissioner Sharon Lewis led the Summit. There will be two more summits in this series - Detroit (December 2) and Denver (December 6). For more information, see:
http://www.envision2010.net/index.php

Victimization - Three Indicted in Hate Crime

A federal grand jury indicted three men in Albuquerque, N.M., on federal hate crime charges related to a racially-motivated assault of a 22-year-old man of Navajo descent who has a significant cognitive impairment. The three men have been charged with one count of conspiracy and one count of violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act that was enacted in October, 2009. The indictment includes a charge that the defendants took advantage of the victim's developmental disability to induce him to make a cell phone video in which he purportedly consents to have his skin burned with a heated metal hanger. To read more see:
http://www.justice.gov/opa/pr/2010/November/10-crt-1291.html



Major Events Ahead

Congress - Lame Duck Session Begins

They are back! The 111th Congress returns to work this week after a five week recess during which the elections were held. It is anticipated that the "lame duck" session will not last more than three weeks. Facing a huge "to do" list, most pending bills on this list will be postponed for action until the new 112th Congress convenes next year. Bills most likely to be dealt with include extending the Continuing Resolution that keeps the federal government operating without the enactment of FY 2012 Appropriations bills, extending the tax cuts enacted in 2001 and 2003 which would expire in December 31, extending unemployment insurance coverage and child nutrition legislation. Action on these measures will substantially rest on the tactics of each party as Democrats see the lame duck session as the last chance to pass certain laws while many Republicans are expected to stall all but the most urgent bills since they will constitute the majority in the House and have a larger minority in the Senate in the next Congress.

The House will spend most of this week dealing with internal issues such as leadership elections and forming steering committees for the next Congress. The Senate will vote on a bill promoting energy-efficient vehicles and also hold leadership elections.

FY 2011 Appropriations - Another Continuing Resolution Likely

The lame duck session may or may not settle FY 2011 discretionary spending. The current FY 2011 Continuing Resolution (CR) that level funds most federal programs expires on December 3. It is likely that a short CR will be needed before the Congress makes further spending decisions. There are several options available. One would be to pass a FY 2011 omnibus appropriations bill that would finalize all funding throughout the fiscal year. That scenario is the least likely since the Congress has not passed any of the 12 appropriations bills and most House and Senate Republicans would prefer to wait until the next Congress where they will be a much stronger party. The more likely scenario will be the passage of another CR that will expire a couple of months after the 112th Congress convenes. The new Congress would then decide on whether to pass FY 2011 appropriations bills or possibly extend the CR for the entire year.

Health Care - Hearing on Medicare and Medicaid

Senator Max Baucus (D-MT), Chair of the Senate Finance Committee, is holding a hearing on Wednesday, November 16 entitled "Strengthening Medicare and Medicaid: Taking Steps to Modernize America's Health Care System." CMS Administrator Donald M. Berwick will be testifying and is likely to receive many questions about implementation of the Affordable Care Act. For more information see:
http://finance.senate.gov/hearings/hearing/?id=280ebc81-5056-a032-5254-1010c1e9b945