Public Policy

Public Policy Update June 21, 2011
Public Policy Update June 15, 2011
The Arc of Minnesota
Public Policy Update
September 30, 2009
From Steve Larson, Public Policy Director

Health Care Reform/Long Term Services and Supports

Senator Lindsey Graham (R-SC) introduced S. 3829, a bill to repeal the CLASS Act, on September 23. Senators Chambliss (R- GA), Coburn (R-OK), Cornyn (R-TX), and McCain (R-AZ) joined as co-sponsors of the bill. The CLASS Act, which became law as part of the Affordable Care Act, creates a new nationwide long term insurance program that will assist people in meeting their long term service needs while avoiding the impoverishment necessary to receive Medicaid benefits. The Arc and UCP strongly supported passage of the CLASS Act and will oppose its repeal.

Medicaid FMAP

The Department of Health and Human Services (HHS) has reported that all states have requested their share of the $16.1 billion in additional Medicaid federal medical assistance percentage (FMAP). State governors and the District of Columbia had until the September 24th to request the funds provided through the Teacher Jobs and State Fiscal Relief Act of 2010. Given the economic situation in the states, requests for the funds came from both Republican and Democratic Governors.

Medicaid/CHIp

The new Medicaid and Children's Health Insurance Program (CHIP) Payment and Access Commission, known as MACPAC, held its first meeting last week. The Affordable Care Act (ACA) requires them to look at a number of topics affecting access to covered services including payment policies, eligibility, enrollment and retention policies, coverage policies and quality of care. The MACPAC is expected to research and make recommendations about access to Medicaid and CHIP. The panel is expected to meet frequently to review the data and experience of what is happening in the states and submit is finding to Congress. The first report is due March 15, 2011. Transcripts of meetings will be posted at the commission’s new web site:
www.macpac.gov

Terminology

The U.S. House of Representatives unanimously passed Rosa’s Law (S. 2781). The bill substitutes the term “intellectual disabilities� for “mental retardation� in many federal laws. The bill is identical to the bill passed by the Senate earlier this year. President Obama will sign the bill into law soon. The terminology change does not affect eligibility or services available under the laws where the terminology is changed. This bill is a huge victory for self advocates and their families who have fought for years to remove the term “mental retardation�. Entitlement laws, such as Medicaid and Social Security, will be the next target for similar changes in the next Congress.

Research/Autism

The House of Representatives passed HR 5756, The Training and Research for Autism Improvements Nationwide Act, which would amend Title I of the Developmental Disabilities Assistance Act and Bill of Rights Act (The DD Act) and expand assistance to children and adults with autism. The bill would authorize $17 million annually for four-year grants to University Centers for Excellence in Developmental Disabilities (UCEDDs) to provide training and services. It also would provide grants for up to four new UCEDDs that collaborate with minority institutions to provide services and conduct research focused on racial and ethnic minority populations. The bill was referred to the Senate Health, Education, Labor and Pensions (HELP) Committee for consideration.

Technology

The Senate passed S.3304, the Twenty-First Century Communications and Video Accessibility Act of 2010, which will increase access to the internet and telecommunications for people with disabilities. The bill is scheduled to be voted on by the House this week. Advocates are optimistic that the bill will pass and go to the President for his signature. The bill is the culmination of several years’ of advocacy by a coalition of organizations including The Arc and UCP.

Education

DPC Staff Director Paul Marchand and a small group of special education advocates met with Department of Education Secretary Arne Duncan and several of his senior staff to discuss changes to education policy in the next Congress. A plan is under development to reauthorize the Elementary and Secondary Education Act next year. During that process, some key components of IDEA could be linked to the ESEA reauthorization. Issues such as assessments, teacher preparation, positive behavior interventions, universal design for learning, response to intervention and family engagement were mentioned. Participants also shared ideas and concerns such as implementation and enforcement, teacher qualifications, the state’s concerns over Part C Early Intervention funding, and the melding of general and special education into a single system.

Voting

The U.S. Election Assistance Commission awarded a $500,000 grant to the Information Technology and Innovation Foundation to make recommendations to eliminate barriers to accessible voting by military service members who have disabilities. Although this grant targets members of the military who have disabilities, it will benefit civilian voters with disabilities as well. For additional information, see: http://www.eac.gov

Major Events Ahead
U.S. Congress

This week may well be the last week this Congress is in session prior to the November 2 election. Depending on the election results, there may be a couple of two week lame duck sessions, one before Thanksgiving and one in early December. What gets on the agenda will also depend on the election results.

FY 2011 Appropriations

This Friday is the first day of Fiscal Year 2011. Since no FY 2011 appropriations bills have become law, the Congress will have to pass a Continuing Resolution (CR) to keep all federal programs funded when the new fiscal year begins. Some Democrats are expected to try to add a few additional provisions to the CR. All Republicans are voicing strong opposition to any add-ons to the CR.

National Commission on Fiscal Responsibility and Reform
The National Commission on Fiscal Responsibility and Reform will meet on Wednesday, Sept. 29, 9:30 am - 12:00 pm. The Commission is expected to meet publicly only twice more - on November 10, and on December 1 when it releases its final report. The Commission's charge is to address the nation's mid- and long-term fiscal challenges. Disability advocates are very concerned that the commission might propose significant cuts to entitlement programs such as Social Security and Medicaid. In order for recommendations to go forward, 14 of the 18 members must support them. Recommendations in the Commission's December report could be voted on by the "lame duck" Congress after the November elections before the 111th Congress adjourns. The meeting can be viewed on live streamed video at: www.WhiteHouse.gov/live

Announcements

Long Term Services and Supports Funding Availability
HHS Secretary Kathleen Sebelius today announced $68 million in grants to help seniors, individuals with disabilities, and caregivers better understand and navigate their health and long-term care options. These grants, made possible by the Affordable Care Act, are going to states, territories, tribal and community-based organizations. The funds will be used to help seniors and individuals with disabilities and their caregivers make more informed decisions about their health and long-term care. Specifically, the funds will be used to help families: understand their Medicare and Medicaid benefits, including coverage for preventive services; navigate options for long term care including community-based services that can help individuals remain in their homes; and assist those transitioning from nursing or rehabilitation facilities back home to put the supports in place to make that transition successful. For more information see: http://www.hhs.gov/news/press/2010pres/09/20100927a.html

Medicaid Expenditures
Thomson Reuters released its 2009 annual report on Medicaid long-term care expenditures. Reported Medicaid long-term care expenditures in FY 2009 were $114.1 billion, an increase of 4.5 percent over FY 2008. Based on a review of previous years' reports, they expect reported long-term care spending to increase an additional 1.5 to 2.0 percent after states submit all prior period adjustments. As a result, they estimate FY 2009 expenditures will have increased 6.0 to 6.5 percent from FY 2008. See the report at: http://www.thearc.org/document.doc?id=2738

Accessibility Meeting
The US Access Board will hold its annual out-of-town meeting in Chicago on September 29 and 30. On the 30th, the Board will conduct an open forum on ways to improve access to information technology in the Federal government under Section 508 of the Rehabilitation Act. There will also be a public hearing about the Board's proposed update of Americans with Disabilities Act (ADA) guidelines for buses and vans. The public hearing and forum will be held at the Courtyard Marriott Magnificent Mile in downtown Chicago. For more information, contact Kathy Johnson at johnson@access-board.gov, (202) 272-0041, or (202) 272-0082 (TTY).

Rehabilitation Commeration
U.S. Secretary of Education Arne Duncan issued the following statement on the 37th Anniversary of the Rehabilitation Act of 1973, which was signed into law on Sept. 26, 1973: "The Rehabilitation Act of 1973 was the first piece of federal civil rights legislation to ensure equal treatment of individuals with disabilities. Today, we celebrate this landmark legislation by recognizing how far our elementary and secondary schools and postsecondary institutions have progressed in ensuring students with disabilities have equal access to an education." The U.S. Department of Education's Office for Civil Rights (OCR) enforces Section 504 of the Rehabilitation Act by initiating compliance reviews regarding disability issues and providing technical assistance to States, school districts, postsecondary institutions, parents and students regarding the rights and responsibilities under Section 504. For further information about Section 504 and OCR, please visit: http://www2.ed.gov/policy/rights/guid/ocr/disability.html