Disability Policy News

May 31, 2022


May 31, 2022 \| Vol. MMXXI, Issue 38

Congress is on recess until June 3rd. The next edition of Disability Policy News will be released on June 21st.

Budget and Appropriations

The House of Representatives and Senate continue to work on appropriations for Fiscal Year (FY) 2023. 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).

The following letters of support were submitted to the LHHS subcommittee of the Appropriations Committee. Members of the House of Representatives signed this letter in support of the LEND programs and this letter in support of the University Centers for Excellence in Developmental Disabilities. Senators signed this letter in support of the University Centers for Excellence in Developmental Disabilities.

Plain Language:
Congress is working to fund federal government programs for next year. Members of Congress and AUCD are working to increase funding.

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. Members of Congress and AUCD are working to increase funding.

Action Steps:
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. Please thank your Senators that signed this letter in support of the University Centers for Excellence in Developmental Disabilities. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.

Updating the Regulations for Section 504 of the Rehabilitation Act of 1973

On May 6, 2022, the U.S. Department of Education's Office for Civil Rights (OCR) announced its intent to amend the regulations implementing Section 504 of the Rehabilitation Act of 1973 (34 C.F.R. pt. 104). Section 504 is a federal civil rights law designed to protect the rights of people with disabilities in public and private programs and activities that receive federal financial assistance, including schools and postsecondary institutions.

Section 504 states "No otherwise qualified individual with a disability in the United States…shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…" OCR is seeking comments from the public on how to improve the current regulations. OCR requests that long and more detailed comments be submitted by the end of June 2022, but states that all comments submitted before any notice of proposed rulemaking will be reviewed.

Plain Language:
Section 504 of the Rehabilitation Act of 1973 is an important civil rights law for people with disabilities. The U.S. Department of Education’s Office of Civil Rights is trying to improve how the law works in schools, colleges and other education programs.

What It Means For You:
Section 504 of the Rehabilitation Act of 1973 protects the rights of people with disabilities in public and private programs and activities that receive federal financial assistance, including schools and postsecondary institutions. OCR is seeking comments from the public on how to improve the current regulations.

Action Steps:
Learn more about Section 504 and how Section 504 protects students with disabilities. Read the announcement about amending the Section 504 regulations. Read this announcement for more information about how to comment. Submit comments to [email protected].

ABLE Age Adjustment Act

The Achieving Better Life Experience (ABLE) Act of 2014 created tax-free savings account for people with disabilities who acquired their disability before the age of 26. The money saved in ABLE accounts can be used to pay for qualified disability-related expenses such as education, housing, employment training, assistive technology, and transportation. An ABLE account is similar to college savings ("529") account because the earnings in an ABLE account and distributions from the account for qualified disability expenses do not count as taxable income. Also, money saved in an ABLE account will not impact eligibility for Medicaid and other public benefits. ABLE accounts are meant to supplement and do not replace private insurance, Medicaid, or Supplemental Security Income (SSI) benefits. Before ABLE accounts, most people with disabilities who utilize public benefits did not have a way to save more than $2000.

The ABLE Age Adjustment Act (S. 331 and H.R. 1219) would change the age of onset criteria from age 26 to 46. According to the ABLE National Resource Center, "[p]assage of this legislation would allow an additional 6 million or more people with disabilities [to] become eligible to open an ABLE account. This critical legislation would increase the financial security of people across the spectrum of disabilities without jeopardizing their much-needed public benefits."

Plain Language:
The ABLE Act lets people with disabilities who became disabled before age 26 to save money. The ABLE Age Adjustment Act would change the law so that a person with a disability before age 46 could have an ABLE account to save money.

What It Means For You:
An ABLE account lets people with disabilities save money to become more financially independent. The ABLE Act provides people with disabilities a way to save money through a savings account that is free from taxes. The ABLE Age Adjustment Act would make anyone whose disability began before age 46 eligible for an account. See if your state has an active ABLE account program.

Action Steps:
Read more about the ABLE Act and the ABLE Age Adjustment Act. Read the Consortium for Citizens with Disabilities (CCD) statement on the ABLE Age Adjustment Act.

Read the National Disability Right’s Network Action Alert urging the Senate to include the ABLE Age Adjustment Act in the upcoming SECURE 2.0 legislation. Read CCD’s letter urging Congress to include the ABLE Age Adjustment Act and SSI Savings Penalty Elimination Act (discussed below) in SECURE 2.0.

Call and educate your Members of Congress about the importance of the ABLE Age Adjustment Act. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.

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. AUCD signed this letter of support.

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.

Mental Health Matters Act

On May 16, 2022, Rep. Mark DeSaulnier (D-CA-11th) and Rep. Bobby Scott (D-VA-3rd) introduced the Mental Health Matters Act (H.R. 7780). The bill is a “comprehensive proposal to confront the mental health crisis for students, workers, and families”. It looks to “support the behavioral needs of students and youth, invest in the school-based behavioral health workforce, and ensure access to mental health and substance use disorder benefits.”

The bill includes the Respond, Innovate, Succeed, and Empower (RISE) Act (H.R. 4786). The RISE Act requires Institutions of Higher Education to allow students to use certain documents, such as Individualized Education Programs or Section 504 plans, to establish their disabilities to receive accomodations in college.

Plain Language:
There is a mental health crisis in the United States. The Mental Health Matters Act looks to make improvements to mental health services for students, workers, and families. The Act also makes it easier for college students to show they have a disability so they can get accomodations in college.

What It Means For You:
The mental health crisis for children and adults is well-known. However, challenges include not having enough mental health providers for schools, college students who face delays in receiving accommodations, and workers harmed when their health insurance plan does not reimburse equally for mental health and physical health services. The Mental Health Matters Act addresses these gaps by increasing the number of school mental health service providers, making it easier for students to establish their disabilities to receive accomodations in college, and by protecting workers when health insurance plans do not reimburse equally for mental health and physical health services.

Action Steps:
Read the Factsheet on the bill. Read the Section by Section summary of the bill (the summary of Title V is about the RISE Act).

Call and educate your Members of Congress about the importance of the Mental Health Matters Act. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.

Additional Free At-Home Rapid COVID-19 Tests Available

On May 17, 2022, the Biden Administration announced that Americans could order an additional eight free at-home tests at COVIDTests.gov. Each household can now receive up to 16 free at-home tests. Over 70 million households have ordered at-home tests to be mailed directly to them. Going forward, Congress will need to provide additional funding to sustain the test manufacturing capacity to be able to offer free tests.

Plain Language:
Americans can order free at-home COVID test kits from https://www.covid.gov/tests or calling 1-800-232-0233 (TTY 1-888-720-7489). Even if you ordered at-home tests before, you could order them again.

Action Step:
For more information or to order at-home COVID tests, go to COVIDTests.gov or call 1-800-232-0233 (TTY 1-888-720-7489).

White House Conference on Hunger, Nutrition, and Health

On May 4, 2022, President Biden announced that for the first time in over 50 years, the White House will host a Conference on Hunger, Nutrition, and Health. The conference will be held in September 2022 with the goal of accelerating progress and driving significant change to end hunger, improve nutrition and physical activity, reduce diet-related diseases, and close the disparities around them.

The Administration's goal is to end hunger and increase healthy eating and physical activity in the United States by 2030 so that fewer Americans experience diet-related diseases, such as diabetes, obesity, and hypertension. The Administration aims to use the Conference to motivate action by stakeholders such as anti-hunger and nutrition advocates, food companies, the healthcare community, local, state, territorial, and Tribal governments, people with lived experience, and all Americans. The Conference will launch a national plan to end hunger and increase healthy eating and physical activity. The Administration will be holding virtual listening sessions before the Conference to inform the development of the national hunger, nutrition, and health plan.

Plain Language:
Many people in the United States do not have enough food to eat and have diseases related to poor diets. The White House will have a conference to learn more and to try to address this in September 2022. Before the Conference, the White House will be having virtual listening sessions for people to share their ideas about diet and hunger.

What It Means For You:
Hunger, poor nutrition, and related diseases are significant problems in the United States. The White House is holding a conference to address these issues in September 2022. Before the Conference, people may share their suggestions by attending a virtual listening session. The White House plans to use information from the listening sessions to inform a national hunger, nutrition, and health plan.

Action Steps:
Learn more about the Conference. Register for and attend a virtual listening session to inform a national hunger, nutrition, and health plan.

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, D.C. #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, D.C. 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 healthcare 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: 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: