Action Alerts

Ongoing:

• The Fight is On for Long Term Services and Supports. Stand up for the Community First Choice Option and the CLASS Plan.

Major Events Last Week

U.S. Congress

Paul Kirk was appointed as the interim replacement for Senator Ted Kennedy by Massachusetts Governor Deval Patrick. This appointment will continue until the special election being held on January 19 in Massachusetts to replace Senator Kennedy. Senator Kirk's arrival restores the 60 vote Democratic majority in the Senate.

Obama Administration

The Senate unanimously confirmed Carmen Nazario to be Assistant Secretary for Children and Families. Nazario has more than 40 years experience working in human services at every level of government, as well as in the private and non-profit sectors in the U.S. and abroad. Nazario has held a number of national leadership roles, including Vice President of the Board of Directors of the American Public Welfare Association, President of the National Council of Local Public Welfare Administrators, and Secretary of the National Council of State Human Service Administrators. Under the Clinton Administration she served as Associate Commissioner for Child Care in the Administration on Children, Youth and Families and later became the Principal Deputy Assistant Secretary at the Administration for Children and Families (ACF). In her new role, Nazario will supervise the Commissioner of the Administration on Developmental Disabilities ADD).

FY 2010 Appropriations

The House passed a one month Continuing Resolution (CR) to keep most federal programs operating at current FY 2009 levels through October 31. The Senate is expected to pass an identical CR this week. None of the twelve FY 2010 appropriations bills will be signed into law prior to the start of the fiscal year.

Health Care Reform

The Senate Finance Committee began to mark up the America's Healthy Future Act of 2009. The following provisions, which are of particular interest to persons with disabilities, were included:

• Addition of the Community First Choice Option (CFC) to the package. The CFC Option would allow states to provide individuals with disabilities who are eligible for Medicaid institutional settings with a broad array of community-based services and supports. Services under this option would include supports to assist individuals with activities of daily living (ADLs), instrumental activities of daily living (IADLs), and health-related tasks through hands-on assistance, supervision, or cueing. States choosing to use the CFC Option would enjoy a 6 percent increase in the federal Medicaid match rate. The Option would sunset after 5 years. This provision was added by Chairman Max Baucus (D-MT) as part of his modifications to the Chairman's Mark. Senator Schumer (D-NY) had submitted the provision as a proposed amendment, but did not need to offer it during the Committee mark-up since it was included in the Chairman's modified Mark. Advocates believe that the CFC Option would support the Olmstead decision and help address state waiting lists by giving people the choice to leave facilities and institutions for their own homes and communities with appropriate, cost effective services and supports.
• An elimination of Medicare Part D co-pays for dual eligibles (those who receive both Medicare and Medicaid benefits) residing in home and community based settings and covered under Sec. 1115 and 1915 waiver programs. This amendment was offered by Sens. Bill Nelson (D-FL), Jeff Bingaman (D-NM) and Jay Rockefeller (D-WV).

Medicare

The House of Representatives, by a vote of 408-18, approved the Medicare Premium Fairness Act, (H.R. 3631), a one year fix that will avert a premium increase for the Medicare Part B (outpatient) program. Its $.2.8 billion cost will be offset by cuts to the Medicare Improvements Program. The Senate could act on the premium bill soon.

Education

Department of Education Secretary Arne Duncan announced the beginning of the Administration's development of legislation that will replace the No Child Left Behind Act (NCLB). The Secretary expects various ways the public and school officials will be able to provide input into the process. The Congress is not expected to begin consideration of NCLB reauthorization until next year.

The National Governors Association Center for Best Practices and the Council of Chief State School Officers released a first draft of their Common Core State Standards Initiative. These standards are aimed at identifying the knowledge and skills necessary at high school graduation to succeed in college or workforce training. Comments will be accepted by October 21. The Standards can be accessed at:
www.corestandards.org

H1N1 Flu

The Centers for Medicare and Medicaid Services (CMS) issued guidance for all state health officials on the H1N1 pandemic flu. The guidance includes a specific section on "People Receiving Home and Community Based Waiver Services and State Plan Services". See page 8 at:
http://www.cms.hhs.gov/smdl/downloads/SHO092409.pdf

ADA/Employment

On September 23, 2009 the Equal Employment Opportunity Commission (EEOC) released draft regulations to implement the employment provisions of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). There will be a 60-day public comment period before the regulations become final. DCP will review the regulations and, if necessary, make comments. The draft regulations can be found at:
http://edocket.access.gpo.gov/2009/pdf/E9-22840.pdf

Transportation

SAFETEA-LU, the law that authorizes the highway and transit programs including the smaller disability programs, is set to expire with the start of the new fiscal year October 1, 2009. The Continuing Resolution includes a one month extension of the law. This will give Congress time to agree on the length of the extension. The House has passed a three month extension in order to keep Congress focused on the need to reauthorize the bill. The Senate and the Administration favor an 18-month extension to allow more time to figure out how to fund future expansions.

Temporary Assistance for Needy Families (TANF)

The Center on Budget and Policy Priorities sponsored a small meeting of TANF experts from across the country. Julie Ward from the DPC and Sharon McDonald from the National Alliance to End Homelessness represented the disability community at the meeting. One area of focus was how to make the program more responsive to the needs of people with disabilities and other individuals with significant barriers to employment.

Major Events Ahead

New Fiscal Year

Happy Federal Fiscal Year 2010 on October 1. The Congress is expected to begin to resolve the differences between the six FY 2010 appropriations bills that have cleared both Houses. Six other appropriations bills await Senate action.

Obama Administration

The Senate Health, Education, Labor and Pensions Committee is scheduled to vote on Wednesday on the nomination of Alexa Posny as the Assistant Secretary of the Office of Special Education and Rehabilitative Services in the U.S. Department of Education. This vote was postponed from last week's schedule.

Health Care Reform

The Senate Finance Committee will resume its mark up of the America's Healthy Future Act of 2009 on Tuesday. It is expected to be completed by the end of the week. Members will debate whether to include a public plan in the new insurance exchange, rather than a non-profit co-operative, as the Chairman's Mark currently proposes.

H1N1 Flu

On Tuesday, the House Committee on Oversight and Government Reform, chaired by Rep. Edolphus Towns (D-NY), will hold a hearing on "The Administration's Flu Vaccine Program: Health, Safety, and Distribution". Officials from the Centers for Disease Control and Prevention (CDC) and the National Institutes of Health (NIH) will testify.

Employment

The U.S. Department of Labor's Office of Disability Employment Policy (ODEP) and Employment and Training Administration (ETA) will hold a national Workforce Investment Act (WIA) "listening session" for disability stakeholders on October 1, 2009 from 2:00-5:00 pm ET. The purpose of the session is to gather recommendations from a disability perspective for the reauthorization of the Workforce Investment Act of 1998. For more information and to register to attend or participate in this event read the invitation letter at:
http://www.dol.gov/odep/documents/Stakeholder.pdf

Announcements

United Cerebral Palsy (UCP) Events

The DPC staff will participate in several UCP events scheduled on Wednesday. These include a meeting of the Board of Trustees, an Economic Forum and UCP's 60^th Anniversary Celebration.

Seclusion and Restraint Survey

The Alliance to Prevent Restraint, Aversive Interventions and Seclusion (APRAIS), a coalition of 17 national disability advocacy organizations, is conducting this survey of parents and guardians. The purpose of the survey is to establish the extent to which restraint, seclusion and aversive procedures have been used with students with disabilities and special needs (whether served under IDEA or under section 504 of the Rehabilitation Act) in public or private schools or in residential facilities. The survey takes approximately 5-10 minutes to complete and all responses must be entered by October 12, 2009. To participate in the survey, go to:
http://www.surveymonkey.com/s.aspx?
sm=KnCDtCkJDWAiaZRbNJ6BMA_3d_3d

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