Action Alerts

Ongoing:

• Health Care Reform: Now It's Personal

Major Events Last Week

U.S. Congress

After a 15 month battle with brain cancer, Senator Edward M. Kennedy (D-MA) died of brain cancer. A champion of disability rights for almost 5 decades, Senator Kennedy served as the Chairman of the Health, Education, Labor and Pensions (HELP) Committee. This committee has jurisdiction over many disability programs. His death is mourned by leaders of The Arc and United Cerebral Palsy. His replacement in the Senate will depend on whether the Commonwealth of Massachusetts will change its current process to allow for the Governor to appoint someone sooner than the approximate 5 month timeframe for a special election to be held. The loss of Senator Kennedy brings the number of Senators who caucus with the Democrats at 59, one fewer than the 60 needed to halt prolonged debate.

Education

The DPC, as part of the Education Task Force of the Consortium for Citizens with Disabilities (CCD), filed comments on proposed rules regarding the criteria to be used by the Department of Education to provide grants on a competitive basis to states via the Race to the Top funding authorized by the American Recovery and Reinvestment Act (ARRA). Approximately $5 billion is available to states to spur educational achievement in our nation's schools. Comments were made on issues such as the use of a student's Individual Education program (IEP) as a measure of student progress (CCD opposes this), charter school participation, effectiveness of school teachers and administrators and the use of universal design for learning (UDL). The comments will be posted on the CCD web site (www.c-c-d.org) within a few days.

Housing

The U.S. Department of Justice filed a lawsuit under the Fair Housing Amendments Act in the District Court for the District of Idaho against the Riverwalk Condominium Association, Inc. The suit alleges that the Association engaged in discriminatory housing practices by failing to design and construct its properties in compliance with the Act's requirements.

Health Care Reform

In the Republican weekly radio and internet address on Saturday, Senator Mike Enzi (R-WY), Ranking Member of the Senate Health, Education, Labor, and Pensions Committee, criticized Democrats' health reform plans. He claimed that the Democrats' health proposals will make the nation's finances sicker without saving money; raid Medicare; and intrude in the doctor-patient relationship. Since Senator Enzi is a member of the Senate's "Gang of Six" health care negotiators from both parties, his comments suggest it will be even more difficult for Democrats and Republicans to find common ground for passage of health care reform. Speculation continues as to whether the Senate Democratic leadership will decide to use the budget reconciliation process, which protects legislation against filibusters, to move the more controversial provisions of health care reform.

Long Term Services and Supports

DPC staffer Marty Ford and other disability advocates met with White House officials, including Nancy-Ann DeParle, Director of the White House Office of Health Reform, regarding long term services and supports in health care reform. Advocates will meet today to determine follow-up activities.

Major Events Ahead

U.S. Congress

This is the last week of the summer Congressional recess. Congress returns to work on September 8 facing a huge agenda before the start of the new fiscal year on October 1. Given the lack of bipartisanship on key issues such as health care reform, the possibility of a long session lasting well into December grows exponentially.

Seclusion and Restraint

DPC staff will meet with staff of Senator Chris Dodd (D-CT) to explore legislative solutions to the elimination of seclusion and the setting of strict requirements and safeguards for the limited use of restraints in schools and other settings.

Announcements

Capitol Insider

Due to the Labor Day holiday next Monday, CI will be published on Tuesday.

H1N1 Flu Virus

The Centers for Disease Control (CDC) has announced recommended priority groups (http://www.flu.gov/vaccine/index.html) to receive the H1N1 vaccine. According to CDC staff, direct support workers who care for people with disabilities are considered health care workers under these priorities. During a conference call last week, U.S. Department of Health and Human Services Secretary Kathleen Sebelius said that the vaccine will be available in mid-October. She noted that all children will need parental consent forms before receiving the vaccine. HHS officials stated that those with cognitive impairment, neurologic/neuromuscular disorders, respiratory conditions, diabetes and pulmonary disabilities may be at higher risk and should receive the vaccine. The DPC is working with HHS on this issue and will continue to disseminate information as it becomes available.

Health Care

The Centers for Disease Control has announced that registration is now open for the 2009 "Healthy People 2020" Public Meetings. Every ten years the U.S. Department of Health and Human Services publishes this report which provides science-based, 10-year national objectives for promoting health and preventing disease.

The dates and sites are as follows:

• October 22, 2009
  Kansas City, Kansas
  Kansas University Medical Center
• November 7, 2009
  Philadelphia, Pennsylvania
  Thomas Jefferson University
  Jefferson School of Population Health
• November 20, 2009
  Seattle, Washington
  Red Lion Hotel on Fifth Avenue

There is no registration cost. Online registration is open at http://www.healthypeople.gov/hp2020/regional/default.

Prevention

The Center on Birth Defects and Developmental Disabilities at the Centers for Disease Control has unveiled a new research based web site on Fetal Alcohol Spectrum Disorders (FASDs). The site (http://www.cdc.gov/ncbddd/fasd/partners.html) includes information on prevention, diagnosis and treatment for children with FASD and a video about a family's experience with living with FASD.

Social Security/Social Security Administration

The Commissioner of Social Security, Michael J. Astrue, has announced the availability of $24 million in contracts to provide the agency with electronic medical records to improve the service provided to applicants for disability benefits. Through a Request for Proposals available on www.fedbizopps.gov, the Social Security Administration (SSA) is looking for health care providers, provider networks, and health information exchanges to participate in its Medical Evidence Gathering and Analysis through the Health Information Technology (IT) program. The technology is expected to greatly improve the speed and consistency of SSA's disability decisions, allowing the agency to obtain medical evidence in a matter of minutes versus days or weeks. The contract opportunities are funded through the American Recovery and Reinvestment Act. SSA expects to receive more than 3.3 million disability applications next year. To process them, the agency sends more than 15 million requests for medical records to health care providers. Use of health IT will greatly improve the process which is currently largely paper-bound. More information on Social Security's use of health IT is available at www.socialsecurity.gov/hit.

The Social Security Administration may be required to pay certain Supplemental Security Income and Social Security recipients $500 million under settlement of the Martinez v. Astrue case regarding beneficiaries whose benefits were denied or suspended based on a presumption that the existence of a felony warrant meant that the person was "fleeing to avoid prosecution". On August 11, U.S. District Court Judge Claudia Wilkens tentatively approved a settlement that ends SSA's policy of denying or suspending benefits based on an arrest warrant alone. Martinez v. Astrue was filed to challenge the enforcement of a narrowly drawn provision of the Social Security Act designed by Congress to prevent people fleeing the law from using government benefits to avoid arrest. SSA relied on an automated database matching program to identify suspect beneficiaries, and thousands of people were erroneously denied benefits based on the presumption that they were fleeing prosecution. As of April 1, 2009, no one applying for benefits now will be denied benefits because of a felony warrant unless the applicant is in fact "fleeing." SSA will pay $500 million in back benefits withheld from 80,000 people since January 1, 2007. Those whose benefits were denied or suspended between 2000 and 2006 and who are not receiving benefits will be notified so that they can re-establish eligibility. For more information about the settlement go here: http://www.nsclc.org/ and here:
http://www.nsclc.org/areas/social-security-ssi/Martinez-Settlement.

Read the Notice to Class Members about the settlement and about the Fairness Hearing on September 24 before Judge Wilkins.
http://www.nsclc.org/areas/social-security-ssi/
Martinez-Settlement/Court-Documents/class-notice/at_download/attachment.

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