Disability Policy News

May 9, 2022


May 16, 2022 \| Vol. MMXXI, Issue 37

Budget and Appropriations

The House of Representatives and Senate continue to work on appropriations for Fiscal Year (FY) 23. Appropriations is the yearly act of setting aside money for specific federal programs. These programs are critical to ensuring people with disabilities receive a quality education, can be employed, and receive services and supports in the community. Funding for AUCD programs and most programs that impact people with disabilities are included in the Labor, Health, Human Services, Education and Related Agencies (LHHS) bill. Funding for AUCD’s priority programs can be viewed in this chart (scroll to bottom of web page). Both the House of Representatives and Senate are in the process of holding hearings (House and Senate). The Senate was taking Outside Witness Testimony and AUCD submitted this testimony. The House is currently taking Outside Witness Testimony, due May 26^th. AUCD has also signed on to this letter of support for education funding.

Plain Language:
Congress is working to fund federal government programs for next year.

What It Means For You:
People with disabilities and their families utilize a range of federal programs each year. It is critical that funding is increased for federal programs.

Action Steps:
Call and educate your Members of Congress about the importance of increased funding for federal programs. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.

Please thank your members of the House of Representatives that signed this letter in support of the LEND programs and this letter in support of the University Centers for Excellence in Developmental Disabilities (UCEDD).

Pease ask your Senators to support the letter being circulated by Senator Murphy in support of the programs funded the Developmental Disabilities and Bill of Rights Assistance Act, including the UCEDDs. The deadline for Senators to sign-on is May 20th!

Senate Introduces the SSI Savings Penalty Elimination Act

On April 26, 2022, Senator Brown (D-OH) and Senator Portman (R-OH) introduced the bipartisan SSI Savings Penalty Elimination Act (S. 4102). The Supplemental Security Income (SSI) program provides critical supports to people with disabilities and their families. The SSI asset limits have not been raised since 1989. Currently, SSI recipients are only allowed to have $2,000 in assets ($3,000 for couples) before they become ineligible for SSI benefits. The bill would increase the current asset limits in the SSI program to $10,000 for individuals and $20,000 for couples. This would allow SSI recipients to save for emergencies and maintain their SSI benefits. The bill would also index the limits to inflation so they would be adjusted annually based on data from the Consumer Price Index.

Plain Language:
The Senate is working to raise the limits on how much money people with disabilities on SSI can save before losing SSI.

What It Means For You:
People with disabilities may be able to save more money so they do not lose SSI.

Action Steps:
Read the full text of the bill. Call and educate your Members of Congress about the importance of raising the SSI asset limit. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.

U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) Released about Disability Discrimination in Artificial Intelligence (AI)

On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) released technical assistance documents, about the potential for disability discrimination when employers use artificial intelligence (AI) and other software tools to make employment decisions. As stated in the announcement, “employers increasingly use AI and other software tools to help them select new employees, monitor performance, and determine pay or promotions. Employers may give computer-based tests to applicants or use computer software to score applicants’ resumes. Many of these tools use algorithms or AI. These tools may result in unlawful discrimination against people with disabilities in violation of the Americans with Disabilities Act (ADA).”

The EEOC’s document, The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees,” outlines issued that employers should consider to ensure that the use of software tools does not violate the ADA. The document also highlights promising practices to reduce the likelihood of disability discrimination. The EEOC technical assistance focuses on three primary concerns under the ADA:

Employers should have a process in place to provide reasonable accommodations when using algorithmic decision-making tools;
Without proper safeguards, workers with disabilities may be “screened out” from consideration in a job or promotion even if they can do the job with or without a reasonable accommodation; and
If the use of AI or algorithms results in applicants or employees having to provide information about disabilities or medical conditions, it may result in prohibited disability-related inquiries or medical exams.

The DOJ’s document, “Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring,” provides an overview of rights and responsibilities in plain language. This document:

Provides examples of the types of technological tools that employers are using;
Clarifies that, when designing or choosing technological tools, employers must consider how their tools could impact different disabilities;
Explains employers’ obligations under the ADA when using algorithmic decision-making tools, including when an employer must provide a reasonable accommodation; and
Provides information for employees on what to do if they believe they have experienced discrimination.

Plain Language:
The federal government has issued guidance to employers about how using artificial intelligence and other software tools may lead to discrimination.

What It Means For You:
The federal government is working to ensure that employers do not discriminate against people with disabilities when using AI to make employment decisions.

Action Steps:
Read the EEOC’s The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees and the DOJ’s Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring.

U.S. Department of Education Announces Call for Public Comments About Amendments to Section 504 Regulations

The U.S. Department of Education’s Office for Civil Rights (OCR) seeks public comments regarding possible improvements to the regulations implementing Section 504 of the Rehabilitation Act of 1973 (Section 504). Section 504 prohibits discrimination based on disability in public and private programs and activities that receive federal financial assistance, including schools and post-secondary institutions. When developed, the Section 504 regulations served as a model for other federal agency regulations and were the foundation for many provisions of the Americans with Disabilities Act of 1990. The regulations have remained largely unchanged since they were originally created.

Plain Language:
Section 504 is an important civil rights law. The law prohibits discrimination based on disability in public and private programs and activities that receive federal funding, including schools and postsecondary institutions.

What It Means For You:
Section 504 is a landmark disability civil rights law that prohibits discrimination based on disability in public and private programs and activities that receive federal funding, including schools and postsecondary institutions. You can provide public comment to the U.S. Department of Education on how to strengthen the regulations.

Action Steps:
Learn more about Section 504. Submit public comments. Any comments received may be made available to the public, so commenters should avoid including any personal information that they want to keep confidential.

New Resources on Money Follows Person and Home and Community Based Services

There are several new resources on Home and Community-Based Services (HCBS) and Money Follows the Person (MFP). HCBS is a federal program that enables Medicaid recipients to receive services at home or in their communities rather than in institutions or other isolated settings. MFP helps older Americans and people with disabilities move from institutions to the community. New resources include the following:

Money Follows the Person (MFP) Factsheet: The Factsheet states that people who leave institutions and transition into the community self-report significant improvement in their quality of life. Another benefit of MFP is cost savings for states which have the program. There is $110 million available from the federal government to support any of the 20+ states and territories that want to start MFP programs.
Reducing Costs for Families and States by Increasing Access to Home and Community-Based Services Factsheet: People who use long-term services and supports (LTSS) often rely on unpaid services from friends and family. Eleven million people with LTSS live in the community, and 92% of them receive unpaid support and services, often causing financial strain for the approximately 53 million American caregiving families. Increased access to HCBS can reduce family caregiver out-of-pocket costs, strengthen family financial well-being, and increase employment. HCBS that enable increased wages for home care workers would decrease service and support gaps for people with disabilities while increasing home care worker income. One in six home care workers live in a household below the poverty line, and 45% live in low income households. HCBS can also reduce state costs for LTSS.
How to Advocate for and Talk About Home and Community Based Services webinar recording and Factsheet: The webinar offers a background of HCBS, the goal of HCBS for people with disabilities, and the importance of home care workers (who tend to be mainly women of color) receiving fair wages and treatment plus appropriate training. The webinar shares research-based best practices for HCBS advocacy messaging, including individual stories from people with disabilities about how HCBS enables them to live at home and in the community. A related Factsheet and slides are also available.

Plain Language:
HCBS enables people to receive Medicaid services in their own homes or the community. MFP is a program that helps older Americans and people with disabilities move out of institutions. There are new resorces with information about these programs.

What It Means For You:
HCBS means that people can receive Medicaid services in their own homes or in the community. MFP is a program that helps older Americans and people with disabilities move out of institutions. New resources include articles, Factsheets, and a webinar.

Action Steps:
Read the Factsheets and watch the webinar on MFP and HCBS: Money Follows the Person (MFP) Factsheet; Reducing Costs for Families and States by Increasing Access to Home and Community-Based Services Factsheet: and How to Advocate for and Talk About Home and Community Based Services webinar recording and Factsheet.

Use these new resources to call and educate your Members of Congress about the importance of MFP and HCBS. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.

AUCD’s 2022 Conference, Health Equity: Serving the Whole Person: Save the Date and Call for Proposals

AUCD’s annual conference, Health Equity: Serving the Whole Person, will be held in-person on November 13-16, 2022 in Washington, DC. #AUCD2022.

People with disabilities do not have equal access to care across the health continuum. From housing to meaningful employment to access to vaccine sites and a safe trip to the grocery store, people with disabilities and their families experience daily disruptions and face barriers to accessing a broad array of needed services. The AUCD 2022 Conference will take a deeper dive into Health Equity, the social determinants of health, and the steps needed to ensure that every person has the best possible opportunities.

The conference brings together more than 1,200 researchers, policymakers, practitioners, professionals, advocates, community leaders, and students. This annual event is designed to promote innovative thinking that will launch disability policy, research, and advocacy initiatives to the next level.

Plain Language:
AUCD’s annual conference will be held in person from November 13-16, 2022 in Washington, DC. The conference theme is Health Equity: Serving the Whole Person. The conference will focus on the best way for everyone to have equal access to health care and other key supports and services.

Action Steps:

Save the Date: Put November 13-16, 2022 in your calendar and learn more about the conference at https://www.aucd.org/conference
Submit a conference proposal. Highlight your work and connect with other disability leaders by submitting a proposal. Submit a proposal by June 20.
Become a proposal reviewer: AUCD seeks approximately 80 network members to review conference proposals. As a reviewer, you would directly impact the content presented at one of the nation’s premier disability conferences, ensuring that it is of the highest quality and relevant to attendees. We aim for the proposal review to be interesting while not too time consuming. We seek reviewers with significant expertise in various topical areas and diverse perspectives and representation. Please sign up by June 10!

Tuesdays with Liz: Disability Policy for All Liz Weintraub

Tuesdays with Liz: Did you know that Liz has a YouTube Channel?

'Tuesdays with Liz' is a weekly video series highlighting current issues in disability policy. It is hosted by
Liz Weintraub, a long-time disability advocate, and
produced by AUCD.

You can help spread her message by: