Disability Policy News

June 21, 2022

 

Disability Policy News logo, every Monday, from the Association of University Centers on Disabilities (AUCD) Disability Policy News logo, every Monday, from the Association of University Centers on Disabilities (AUCD)
                 June 21, 2022   |   Vol. MMXXI, Issue 39

Recommendations to Improve Care for Children and Youth with Special Health Care Needs

On June 1, 2022, the U.S. Department of Health and Human Services (HHS), Health Resources and Services Administration (HRSA), released the “The Blueprint for Change.” The Blueprint is a national framework to improve care for the nearly 1 in 5 children in the United States who currently has a special health care need.

The Blueprint recognizes that disability is a natural part of the human experience is organized around four critical areas: health equity, family and child well-being and quality of life, access to services, and financing of services. The Blueprint provides a definition, overall vision, key principles, and actionable strategies for each recommendation.

Plain Language

The U.S. Department of Health and Human Services, Health Resources and Services Administration (HRSA) has put out a new report to help the families of children and youth with disabilities access quality care.

What It Means For You

If you are a parent of a child with special needs, this updated Framework will hopefully help your child access early and continuous screenings, patient-centered and ongoing care with consistent providers who communicate with each other, adequate insurance coverage, access to community-based services, and support for transitions to adult life.

Action Steps

Read "The Blueprint for Change.”

 


 

Federal Benefits Disparities for Puerto Rican Residents with Disabilities

On May 25, 2022, The National Council on Disability (NCD) released a report titled “Disparate Treatment of Puerto Rico Residents with Disabilities in Federal Programs and Benefits”. The report highlights the experiences of people with disabilities and examines federal programs that provide a safety net for people with disabilities. These programs include Medicaid, Medicare, Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), and Supplemental Nutrition Assistance Program (SNAP). The report provides Congress with the necessary information to support extending safety net benefits to residents in Puerto Rico and the U.S. territories.

Plain Language

The National Council on Disability (NCD) released a report recommending that people who live in Puerto Rico are able to enroll in Federal benefits like Supplemental Security Income (SSI) and Medicaid. Currently residents of Puerto Rico and the U.S. territories can not receive certain benefits.

What It Means For You

Many people with disabilities utilize Federal benefits to help save money, access healthcare, and feed themselves and their families. Residents of Puerto Rico and the U.S. territories deserve the same access to these Federal benefits as the residents from the 50 states.

Action Steps

Read the report and educate yourself on the disparities that exist for people with disabilities in Puerto Rico and the U.S. territories. Call your Representatives and Senators to educate them on the importance of extending eligibility for Federal benefits to residents in Puerto Rico and the U.S. territories. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.

 


 

Biden-Harris Administration Highlight New Strategy to Address the National Mental Health Crisis

May 31st marked the end of Mental Health Awareness Month, and on its final day, President Biden and Vice President Harris introduced a comprehensive national strategy to tackle the mental health crisis. The plan calls for a major transformation in how mental health is “understood, accessed, treated, and integrated – in and out of health care settings.” There are 3 pillars to the strategy: strengthen system capacity, increase connection to mental healthcare, and the create a continuum of support.  The plan includes increasing access to culturally-competent care for historically excluded populations like American Indians/Alaskan Natives, Asian-Americans and Pacific Islanders, veterans and more. Additionally, the plan calls for more mental health crisis training for school personnel, long-term care providers, and paraprofessionals. 

Plain Language

President Biden and Vice President Harris have put out a plan to help people get mental health care. The plan includes requests for more funding for various mental health programs.

What It Means For You

This plan shows the current administration’s commitment to helping people get the care they need for their mental health. In the coming years, more community members will be trained to address mental health crises, and mental health treatment will be easier to access.

Action Steps

Read the report from The White House and familiarize yourself with the Administration’s plan to combat the mental health crisis in the United States.

 


 

U.S. Department of Labor Releases Field Assistance Bulletin for Sub-Minimum Wage Use

On June 16, 2022, the U.S. Department of Labor, Wage and Hour Division published a Field Assistance Bulletin to provide guidance to Wage and Hour Division (WHD) field staff on the application of Section 511 of the Rehabilitation Act to Section 14(c) of the Fair Labor Standards Act (FLSA). Section 511 requires that any employer with a 14(c) certificate ensure that an employee with disability has access to resources and information before being paid sub-minimum wage. 

The Bulletin supplements previously issued information and resources and is intended to provide clarity regarding WHD’s enforcement of the section 511 requirements. Specifically, the Bulletin “provides assistance in determining compliance with the timing and documentation of the section 511 requirements, and whether the same documentation may be used by different employers.”  The Bulletin also explains the FLSA prohibitions against retaliation when workers exercise their rights under section 511 provisions.

Plain Language

The U.S. Department of Labor, Wage and Hour Division has issued information for staff to help them to follow or make sure their employees are following Section 511 of the Workforce Innovation and Opportunity Act. This section requires employers to take certain steps before paying an employee with a disability sub-minimum wage.

What It Means For You

If you a person who is being paid sub-minimum wage, this Bulletin provides important information about what information you need to be provided before being paid sub-minimum wage. 

Action Steps

Read the Field Assistance Bulletin. Additionally, contact your Representative and Senators and educate them about the importance of phasing out sub-minimum wages. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.

 


 

Call for Government Accountability Study Regarding Barriers People with Disabilities Face Accessing Healthcare

Senators Tammy Duckworth (D-IL), Patty Murray (D-WA), Chris Murray (D-CT), Bob Casey (D-PA), Kristen Gillibrand (D-NY), Elizabeth Warren (D-MA), and Sherrod Brown (D-OH) sent a letter to the US Government Accountability Office (GAO), the investigative arm of Congress, to request that the GAO conduct a comprehensive study into the barriers that people with disabilities, of all backgrounds, experience in accessing healthcare including reproductive healthcare, including access to medical treatment, services, equipment and more. They wrote that, despite antidiscrimination laws, "[t]he lack of accessible healthcare contributes to and exacerbates health disparities experienced by people with disabilities." In addition, the letter notes that while current research about health disparities indicates "significant" racial and gender gaps, it fails to fully explore the issue's severity. The letter includes a request to answer specific research questions related to healthcare facility accessibility, federal data collection about accessibility issues, and financial barriers to accessing healthcare. In the letter, the Senators also request an investigation about potential remediation efforts, such as healthcare provider training, the prevalence of people with disabilities in the healthcare workforce, and federal technical assistance about healthcare provider legal compliance requirements.

Plain Language

People with disabilities face many barriers to accessing healthcare. Seven U.S. Senators wrote a letter asking the Government Accountability Office to research and look into these barriers.

What It Means For You

Seven U.S. Senators asked the Government Accountability Office to investigate the investigating the barriers that people with disabilities face in accessing healthcare.  

Action Steps

Read the letter to the Government Accountability Office.

 


 

Government Accountability Office Releases Report on Special Education: DOD Programs and Services for Military-Dependent Students with Disabilities

On May 19, 2022, the Government Accountability Office released a report titled “Special Education: DOD Programs and Services for Military-Dependent Students with Disabilities.” The report states that children in US military families may transfer schools on average nine times before the end of high school. For military families with children have disabilities, each move means re-establishing special education services under the Individuals with Disabilities Education Act (IDEA).

The Department of Defense (DOD) supports military families with children with disabilities in K-12 schools by providing liaisons who function as the main conduit for seeking special education services. “Through 2 programs, DOD provides funding to school districts that serve substantial numbers of military-dependent students. One program supplements a district's general funds—with no requirements on how the money is spent. The other program provides funds to support military-dependent children with severe disabilities. School districts must apply for the funds and student eligibility for this program varies by state.” The military has also expanded special education legal support to military families.

Plain Language

Children whose parents serve in the military may move a lot. For children with disabilities, each move means applying for special education services with a new school system. The military helps its families to get special education services and gives money to school systems to support special education for students from military families.

What It Means For You

If you are in the military and have a child with a disability, the military can provide a liaison to help you navigate your child's special education process and transition to a new school. The military also offers special education legal support for your family and special education funding to school systems with children from military families. If you are not in the military, consider becoming an ally for military families within your school district.

Action Steps

Read report highlights. Read the full GAO report. If you know a military family with a child with a disability, consider sharing the report with them.

 


 

Social Security and Medicare Insolvency Concerns

On June 2, 2022, the Committee for a Responsible Federal Budget released the Analysis of the 2022 Medicare Trustees' Report and Analysis of the 2022 Social Security Trustees' Report. The reports show that that funding imbalances will soon lead to insolvency in both programs. For example, the Social Security report estimates that it is likely Social Security will become insolvent by 2035, which would lead to a 20% cut in benefits for recipients. Likewise, the Medicare report estimates that Medicare Part A (which helps cover inpatient care in hospitals, skilled nursing facility care, hospice care, and home health care) will become insolvent by 2028 when spending is likely to be cut by 10%, followed by a 20% cut by 2046.

Plain Language

Many people with disabilities receive Social Security or Medicare benefits. However, recent reports state that these programs will run out of money soon and will not be able to pay full benefits.

What It Means For You

Many people with disabilities or older adults receive Social Security or Medicare benefits. However, recent reports indicate that the programs will run out of funding soon and will not be able to pay full benefits. If you receive Social Security benefits, in 13 years the program may not be able to pay all of your benefits. If you receive Medicare Part A, in 6 years the program may not be able to pay all of your benefits.

Action Steps

Read a press release about the issue. Watch a Committee for Responsible Federal Budget webinar and review the slides. Read the Social Security and Medicare Trustees' complete reports.

 


 

New Multiagency Fact Sheet on Expanding Access to Competitive Integrated Employment (CIE) for Individuals with Disabilities

On July 16, 2021, the U.S. Department of Labor’s Office of Disability Employment Policy published a new Factsheet titled “Recent Funding Opportunities to Expand Access

to Competitive Integrated Employment (CIE) for Individuals with Disabilities. The Factsheet highlights new funding opportunities and flexibilities that provide significant opportunities to increase access to competitive integrated employment (CIE) for youth and adults with disabilities.

Plain Language

There are new funding opportunities to support employment for people with disabilities. Competitve Integrated Employement can be defined as a real job in the community with real pay for people with disabilities.

What It Means For You

There is additional funding that your state can utilize to competitive integrated employment.

Action Steps

Read the Factsheet. Share it with the Department of Labor, Department of Rehabilitation Services and Department of Developmental Services in your state or territory.

 


 

Center for Medicaid and Medicare Services Issue Letter to State Medicaid Directors on Utilizing Increased FMAP Funding

On May 13, 2021, the Center for Medicaid and Medicare Services issued a letter to State Medicaid Directors.  Section 9817 of American Rescue Plan Act of 2021 (ARP) provides qualifying states with a temporary 10 percentage point increase to the federal medical assistance percentage (FMAP) for certain Medicaid expenditures for home and community-based services (HCBS). “The purpose of this letter is to provide guidance to states on the implementation of section 9817 of the ARP, as well as to describe opportunities for states to strengthen the HCBS system in response to the COVID-19 Public Health Emergency (PHE), increase access to HCBS for Medicaid beneficiaries, adequately protect the HCBS workforce, safeguard financial stability for HCBS providers, and accelerate long-term services and supports (LTSS) reform under section 9817 of the ARP.” States must initially use the increase in federal funds to supplement, not supplant, existing state funds. The Center for Medicaid and Medicare Services recognized the complexity of this policy, and has since extended the deadline by an additional year, giving states until March 31st, 2025 to spend federal funds.

Plain Language

The American Rescue Plan gave states money for more home and community-based services. The Center for Medicaid and Medicare is giving states additional time to spend the funds.

What It Means For You

There is additional funding that your state can utilize to improve home and community-based services.

Action Steps

For more information, read this letter outlining the rules for implementing ARP funds for Medicaid, and this letter detailing the rules for the deadline extension.

 


 

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