Action Alerts

Ongoing: Help Us Secure Funding for New Higher Education Provisions for Students with Intellectual Disabilities - Deadline: Wed, April 1.

Major Events Last Week

Fiscal Year 2010 Budget Resolution

The Budget Committees in both Houses of Congress adopted their versions of the FY 2010 Budget Resolution. Both versions make reductions from the Obama Administration's budget request, all of which would be cut from non defense discretionary spending. The House version would cut the Administration's $3.6 trillion request by $7 billion, while the Senate version would cut the request by $15 billion. A Budget Resolution does not contain specific program-by-program funding but sets a blueprint for spending and revenue. If adopted close to the Administration's request, disability programs would be expected to grow in the next fiscal year.

The most controversial provision is contained in the House resolution which would allow for the use of reconciliation during the consideration of health reform proposals. Reconciliation instructions involve Congressional committees reporting on legislation changing existing law in order to bring spending, revenues, or the debt-limit into conformity with the budget resolution. The instructions indicate the appropriate dollar changes to be achieved. A simple majority vote of 51 Senators would be needed under reconciliation, circumventing the usual 60 votes needed to shut off debate and avoid a filibuster. This is seen as the key to pass health care reform this year. A House/Senate conference will decide whether or not to retain the reconciliation provision.

Medicaid and Long Term Services and Supports

Last week, two important bills were reintroduced in the Senate and House: the Community Living Assistance Services and Supports Act (CLASS Act) and the Community Choice Act (CCA). The Arc and UCP strongly support these bills.

The CCA was introduced in the Senate (S. 683) by Senators Tom Harkin (D-IA) and Arlen Specter (R-PA) and in the House (H.R. 1670) by Representative Danny Davis (D-IL). This bill would require that states provide Medicaid community based support services to people eligible for institutional level of services. The bill would eliminate the institutional bias in the Medicaid program and making great strides toward eliminating waiting lists for community based services.

The CLASS Act was introduced in the Senate (S. 697) by Senator Ted Kennedy (D-MA) and in the House (H.R. 1721) by Representative Frank Pallone (D-NJ). The bill would establish a national public long term services insurance program that would pay cash benefits to eligible individuals. The benefits would not be means-tested and would not require that people become impoverished in order to receive services. The CLASS Act is expected to take some of the pressure off of the Medicaid program which has become the only significant source of public long term services supports in the nation.

New ARRA Medicaid Guidance

The Centers for Medicare and Medicaid released a new Fact Sheet and Frequently Asked Questions (FAQ). The new information basically informs states what they are prohibited from doing (e.g. eliminating eligibility for groups or subgroups) in order to be eligible to receive the enhanced state Medicaid match under the American Recovery and Reinvestment Act (ARRA). See: http://www.astho.org/pubs/ARRASection5001-FMAP-FactSheet.pdf

Housing

Reps. Christopher Murphy (D-CT) and Judy Biggert (R-IL) introduced the Frank Melville Supportive Housing Investment Act of 2009 (H.R. 1675). This bill would reform the Section 811 Supportive Housing for Persons with Disabilities program. A companion bill is expected to be introduced in the Senate soon.

Medicare

Sens. Jeff Bingaman (D-NM), Sherrod Brown (D-OH), and Susan Collins (R-ME) and Reps. Gene Green (D-TX) and Lee Terry (R-NE) introduced the Ending the Medicare Disability Waiting Period Act of 2009 (S. 700/H.R. 1708). This bill would phase out Medicare's two-year waiting period for individuals with disabilities under age 65 who receive Social Security Disability Insurance (SSDI) benefits.

Education Funding

Disability Policy Collaboration staff participated in a meeting hosted by the senior staff of the U. S. Office of Special Education Programs to review the latest information on funding from the American Recovery and Reinvestment Act (ARRA). It was announced that partial funding for the Individuals with Disabilities Education Act (IDEA) State Grants and Early Intervention State Grants, the Rehabilitation Act State Grants and the Independent Living Program will be sent to states on March 31. One half of the funding under the ARRA for these programs will be released this week and the remainder will be allocated in late summer. There is newly posted information on the www.recovery.gov website related to this new funding. These include
IDEArecoverycomments@ed.gov and RSARecoveryActComments@ed.gov.

Transportation

Representative John L. Mica (R-FL), the Ranking Member of the House Transportation and Infrastructure Committee, held a forum on disability issues and transportation. Chairman James Oberstar (D-MN) attended as did several Members of the Committee. Officials from the Department of Transportation provided an update on pending regulatory issues and several disability advocates, including The Arc and UCP, were given an opportunity to raise important transportation issues. Among the topics covered were expanding public transportation, improving coordination between programs, expanding accessibility in Amtrak stations, high speed rail, airlines and airports, support for the bus accessibility program, and expanding assistance to nonprofits that provide transportation services. The forum lasted nearly two hours and provided a good opportunity to exchange ideas as Congress prepares to address the highway and transit reauthorization.

Major Events Ahead

U.S. Congress

The Congress is in session this week prior to starting a two week district work period. Completion of the FY 2010 Budget Resolution highlights this week's Congressional action. Numerous floor amendments are anticipated, especially in the Senate. House and Senate Democrats hope to protect the key elements of the Administration's top spending priorities, in particular a reserve fund which would serve as a down payment for health care reform.

FY 2010 Budget Resolution

Today the Senate will begin debate over the FY 2010 Budget Resolution. The House is expected to begin debate on its version of the budget resolution later this week.

Obama Administration

On Tuesday, Governor Kathleen Sebelius (D-KS), President Obama's nominee for Secretary of the U.S. Department of Health and Human Services, will testify before the Senate Health, Labor, Education, and Pensions (HELP) Committee. See:
http://help.senate.gov/Hearings/2009_03_31/2009_03_31.html

Health Care

On Tuesday the House Committee on Energy and Commerce's Subcommittee on Health will hold a hearing titled "Making Health Care Work for American Families: Protecting the Public Health." See:
http://energycommerce.house.gov/index.php?option=com_content&task=view&id=1507&Itemid=106

On Thursday the House Committee on Energy and Commerce's Subcommittee on Health will hold a hearing on "Making Health Care Work for American Families: Saving Money, Saving Lives." See:
http://energycommerce.house.gov/index.php?option=com_content&task=view&id=1507&Itemid=106

Employment/National Service

The House will likely consider the Edward M. Kennedy Serve America Act (H.R. 1388) today and the President is expected to sign the bill later this week. The legislation would create 250,000 full and part-time volunteer positions that will work in key social and infrastructure programs across the country. The bill would prohibit those in national service programs from using their service position to lobby, participate in boycotts or strikes, conduct voter registration drives, engage in partisan political activities, or provide abortion services or referrals. It would also create a social innovation grant fund to create volunteer opportunities within nonprofit organizations

Research

Today President Obama is expected to sign the Christopher and Dana Reeves Paralysis Act (H.R. 307). This legislation authorizes funding for paralysis research and for improvements in rehabilitation and the quality of life for persons with paralysis and other physical disabilities.

Announcements

The State of People with Disabilities Report

The National Council on Disability will release its annual progress report outlining the state of people with disabilities in the United States and listing the challenges and possible solutions to the conditions they face. The report will be released at the Academy for Educational Development Conference Center in Washington, D.C. on Tuesday, March 31, 2009, at 3:45 p.m. until 5:00 p.m. This event is open to the public, and free of charge.

Disability Law Guide

The Disability and Business Technical Assistance Centers (DBTAC) Southwest ADA Center, announced the publication of The Disability Law Handbook. This 50-page guide provides the basics of the Americans with Disabilities Act and other disability related laws. Written in an FAQ format, the Disability Law Handbook answers questions about the Americans with Disabilities Act, the ADA Amendments Act, the Rehabilitation Act, Social Security, the Air Carrier Access Act, the Individuals with Disabilities Education Act, the Civil Rights of Institutionalized Persons Act, and the Fair Housing Act Amendments. Individual copies of The Disability Law Handbook are available at no charge by emailing Rauseo@bcm.edu, or by calling Dionne Rauseo at 713.520.0232.

Transportation Webinar

The DBTAC Southwest ADA Center will offer a webcast on "The Air Carrier Access Act Update and Impending Changes" on Wednesday, April 1, 2009 at 3:00pm EST. This session will provide a brief overview of the new amendments to the Air Carrier Access Act (ACAA) of 1986 and it's implementing regulation which will become effective on May 13, 2009. The ACAA prohibits discrimination against individuals with disabilities in commercial air transportation along with its implementing regulation, 14 CFR Part 382 (Part 382). The webinar will include a discussion on how these new amendments apply to both U.S. and foreign carriers, airport accessibility and changes to common services such as flight reservations, specific changes that may affect passengers who use respiratory assistive devices and passengers who are deaf or hard-of hearing. To link to this webcast and download accompanying materials visit:
http://ilru.org/html/training/webcasts/calendar.html

Children's Health Care Webcast

The US Department of Health and Human Services will host an interactive Webcast on Friday, April 3, 2009 from 2:00 - 3:00 pm EST. The Webcast will be an opportunity to share your experiences and ideas about how to help millions of uninsured children get the health coverage they need. Special guests will include Rima Cohen, Counselor to the Secretary of Health and Human Services for Health Policy; Mary Wakefield, Administrator, Health Resources and Services Administration (HRSA); and Jackie Garner, Acting Director, Centers for Medicaid and State Operations, Centers for Medicare and Medicaid Services (CMS). Connect to the Webcast at
http://www.hhs.gov/childrenshealthinsurance
Questions and comments for the panel will be accepted in advance of and during the Webcast at:
http://www.hhs.gov/childrenshealthinsurance/questions

Research Priorities

This year for the first time, the federally mandated Interagency Committee on Disability Research (ICDR) is utilizing an innovative Web-based approach to collect online disability research comments to assist in developing a federal disability and rehabilitation 2010 research agenda. This technology-driven approach gives the public a three-week timeframe from March 27th through April 17th to submit their recommendations. Public comments from stakeholders are the focal point of the disability research recommendations in the ICDR Annual Report to the President and Congress. See:
http://www.icdr.us/stakeholders

Please note that you can view previous issues of the Capitol Insider, at UCP.org anytime by choosing "Capitol Insider" under "Public Policy."

Read previous Capitol Insider issues now.

If you have any questions, feel free to contact me at acosta@thedpc.org.

Sincerely,

Annie Acosta
Director of Communications and Grassroots
Disability Policy Collaboration