Disability Policy News

May 22, 2023

 

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)
                 May 22, 2023   |   Vol. MMXXIII, Issue 69

Budget, Appropriations, Debt Ceiling

On May 1st, U.S. Treasury Secretary Janet Yellen told Congress that the debt ceiling must be raised by June 1st, or the federal government will run out of money to pay its existing debts. Secretary Yellen confirmed this date last week to Congress. Defaulting on the national debt could have major consequences for the economy, and for the financial security of all Americans.

House Republicans have stated that they will not vote to raise the debt ceiling without making significant cuts to discretionary programs. On April 26th, the House passed the Limit, Save, Grow Act (H.R. 2811) that would raise the debt ceiling, but would also cut federal programs, such as Medicaid, Supplemental Nutrition Assistance Program, special education, employment programs and other programs that provide services and supports to many individuals, and working families, including people with disabilities. The bill also included work requirements for people receiving Medicaid and SNAP.

As of today, no agreement has been reached on how to raise the debt ceiling. President Joe Biden and Speaker Kevin McCarthy (R-CA-20) are expected to meet today continue negotiations on raising the debt ceiling. 

Plain Language

On June 1st, the federal government will reach something called a “debt ceiling”. This means the U.S. has no more money to spend and cannot pay its bills. If Congress does not vote to raise the debt ceiling (allow the federal government to spend more money) by June 1st, there could be major problems for the economy and people who get services and supports from the federal government. Republicans in the House of Representatives do not want to raise the debt ceiling without making cuts to programs. Speaker Kevin McCarthy (R-CA-20) and the Republicans have proposed $142 billion in cuts, that will impact programs like Medicaid, SNAP and other programs that provide services and supports for people with disabilities.

Action Steps

Call and educate your Members of Congress on the impact of cutting Medicaid and other programs that provide services and supports to people with disabilities. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.

You can use this AUCD Toolkit in partnership with the Autism Society of America to help you educate your Members of Congress. There are also other AUCD resources on How to Contact Congress, Build Relationships, etc. 

Watch this two-minute video to learn more about the debt ceiling situation.

Lots of resources are being developed by experts. Here are a few resources to learn more about the impact of cutting Medicaid and other programs.


 Join the Save Medicaid Event with Senator Casey on May 24th with Disability and Aging Organizations!

On May 24th, from 4:30 - 5:30 pm ET, The Arc, Autism Society of America, Disability and Aging Collaborative (DAC), Consortium for Constituents with Disabilities (CCD), and Caring Across Generations are holding a virtual “Save Medicaid” event with advocates and Members of Congress. AUCD is a member of DAC and CCD. Senator Bob Casey (D-PA) and other panelists will join the event to discuss the harmful impacts that cuts to Medicaid will have on older adults, children, and people with disabilities. Register!


Centers for Medicare and Medicaid Services Releases Two Notices of Proposed Rulemaking Around Medicaid and Managed Care

On April 27th, the Centers for Medicare and Medicaid Services CMS) released two notices of proposed rulemaking (NPRMs), Ensuring Access to Medicaid Services (Access NPRM) and Managed Care Access, Finance, and Quality (Managed Care NPRM). The rules will help eliminate barriers that people with disabilities face while trying to access quality health care through Medicaid and Children's Health Insurance Program (CHIP). The rules will “strengthen access to and quality of care across Medicaid and the Children's Health Insurance Program (CHIP), the nation’s largest health coverage programs.”

If the proposed rules are adopted, they would establish national standards for access to health care, regardless of whether health care is provided through managed care plans or directly by states through fee-for-service as well as transparency for Medicaid payment rates to providers, including hourly rates and compensation for certain direct care workers. The rules would also establish other access standards for transparency and accountability and empower beneficiary choice. The rules would require that 80% of Medicaid payments for personal care and home health aides go directly toward compensation instead of on administrative costs.

Plain Language

On April 27th, the Centers for Medicare and Medicaid Services released two new rules that would make it easier for people with disabilities to get health care if they are on Medicaid or CHIP. These rules will also improve wages for home healthcare workers who are giving care to people through home and community-based services.

Action Steps

Learn more about the rules (links to additional factsheets to the right). Submit comments by July 3, 2023. Read the Rule and Submit Comments for Medicaid Program; Ensuring Access to Medicaid Services. Read the Rule and Submit Comments for Medicaid Program; Medicaid and Children's Health Insurance Program (CHIP) Managed Care Access, Finance, and Quality.


Centers for Medicare and Medicaid Services Expand Medicare Coverage of Power Seat Elevation

On May 16th, the Centers for Medicare and Medicaid Services (CMS) released the National Coverage Decision for Medicare coverage of seat elevation system in power wheelchairs. In the final decision, CMS found “that power seat elevation equipment on Medicare-covered power wheelchairs (PWCs) falls within the benefit category for durable medical equipment (DME).” In the final decision, CMS expanded the coverage beyond what had been proposed and found that the evidence is sufficient to determine that power seat elevation equipment is reasonable and necessary for individuals using complex rehabilitative power-driven wheelchairs when certain conditions are met, including performing transfers or to improve reach in activities of daily living. This new rule will allow more people who use power chairs to live independently and safely in their homes and communities.

Plain Language

The Centers for Medicare and Medicaid Services (CMS) announced a new rule that will allow wheelchairs with seat elevation systems to be covered by Medicare. Seat elevation systems are parts of wheelchairs that lift people out of their seat and allow them to move around more easily.  This new rule will help wheelchair users live more independently and safely in their homes. 


Keeping All Students Safe Act Introduced in House of Representatives and Senate

On May 18th, Senator Chris Murphy (D-CT), Senator Bernie Sanders (I-VT), Senator Murray (D-WA), Representative Bobby Scott (D-VA-3) and Representative Don Beyer (D-VA-8) introduced the Keeping All Students Safe Act (S. 1750H.R. 3470) in both the Senate and House of Representatives.  The bill will limit the use of restraint and seclusion in schools that receive federal funding. The bill prohibits the use of seclusion, which is involuntary confinement of a student alone in a room or an area where the student cannot leave. The bill also prohibits the use of mechanical or chemical restraints, and limits physical restraints that restrict a student’s breathing. The bill outlines the limited situations in which physical restraint can be used and ensures that sufficient school personnel are trained in crisis intervention. The bill is currently in the Senate Health, Education, Labor, and Pensions Committee and the House Education and Workforce Committee.

Plain Language

On May 18th, Senator Chris Murphy (D-CT), Senator Bernie Sanders (I-VT), Senator Murray (D-WA) and Representative Bobby Scott (D-VA-3) and Representative Don Beyer (D-VA-8) introduced the Keeping All Students Safe Act.  The bill bans the use of restraint and seclusion in schools that get money from the federal government. Restraint is when an adult who works at a school uses force to stop a student from misbehaving, hurting themselves or someone else. Seclusion is when an adult who works at a school locks a student in a room or an area that they cannot leave. Restraint that is life-threatening to a student, and seclusion, are both banned in the bill. Adults who work in schools also must get training on how to keep students safe.

Action Steps

Read the bill textRead a one pager of the bill. Read these press releases from Representative Scott and Senator Murphy. Call and educate your Members of Congress on how to keep students safe in school. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.


Healthcare Extension and Accessibility for Developmentally Disabled and Underserved Population Act Introduced in House of Representatives

On May 16th, Representative Seth Moulton (D-MA-6), Representative Brian Fitzpatrick (R-PA-1), Representative Debbie Dingell (D-MI-6), and Representative Joseph Morelle (D-NY-25) introduced the Healthcare Extension and Accessibility for Developmentally Disabled and Underserved Population Act (HEADs UP Act) (H.R 3380). The bill directs the Health Services and Resources Administration in the U.S. Department of Health and Human Services to designate people with intellectual and developmental disabilities (I/DD) as a Medically Underserved Population. This designation will give people with I/DD access to new primary care and specialist services, incentivize new research, and authorize more favorable reimbursement rates for providers who treat those with I/DD. 

Plain Language

On May 16th, Representative Seth Moulton (D-MA-6), Representative Brian Fitzpatrick (R-PA-1), Representative Debbie Dingell (D-MI-6), and Representative Joseph Morelle (D-NY-25) introduced the Healthcare Extension and Accessibility for Developmentally Disabled and Underserved Population Act (HEADs UP Act). This bill will name people with intellectual and developmental disabilities (I/DD) as a Medically Underserved Population. This change will allow people with I/DD to access new types of healthcare for lower costs. The change will also create new research programs.

Action Steps

Read the press release from Representative Moulton. Call and educate your Representatives on the importance of designating people with I/DD a Medically Underserved Population because people with disabilities will be able to access to better healthcare. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.


Office of Special Education and Rehabilitative Services Proposes New Regulations to the Individuals with Disabilities Education Act

On May 18th, the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education proposed to amend the regulations for Part B of the Individuals with Disabilities Education Act (IDEA) to remove the requirement for public agencies to obtain parental consent prior to accessing a child’s public benefits or insurance (ex: Medicaid, Children’s Health Insurance Program (CHIP), etc.) to pay for required Part B services. There are no comparable consent requirements for children without disabilities, so this regulation would make consistent the public benefits consent requirements for children with disabilities with those for children without disabilities and ensure equal treatment of both groups of children. OSERS is accepting comments until August 1st, 2023. Submit comments.

Plain Language

On May 18th, the Office of Special Education and Rehabilitative Services (OSERS) proposed a new rule that would make it easier for schools to pay for services that students with disabilities need in school to get a good education. The Individuals with Disabilities Education Act requires schools to provide students with disabilities a quality education.


Policy related “How To” materials can be found on our website here. Scroll to the bottom of the page to find the resources! 


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