1) What’s Happening in the Nation’s Capital?
The CLASS Act Survives Attempted Death-Blow, Remains in Senate Reform Bill
2) National News
A Proclamation by the President on the International Day of Persons with Disabilities 2009
CLASS Act Refresher: Keep the Pressure On!
Even More Healthcare Reform Updates!
NCIL Joins CLASS Supporters at the Capitol; Hilarity Ensues
3) State News
NJ Tenant Sues Prospective Landlord for Denial of Application
Obama Administration Pushes States to Provide Community Living
4) Announcements and Additional Resources
ADAPT to Host Direct Action Organizing Training Spring 2010
NDRN Releases “A Decade of Little Progress Implementing Olmstead”
Stevie Wonder Becomes a UN Messenger of Peace
The CLASS Act Survives Attempted Death-Blow, Remains in Senate Reform Bill
On Friday, December 4th, after two sessions of debate in as many days, the U.S. Senate took two votes on amendments regarding the CLASS Act as part of healthcare reform.
The first vote was offered by Senator Whitehouse (D-RI). It was a “Sense of the Senate” that premiums paid into the CLASS program would be used solely for their intended purpose, not as part of the general federal budget. This amendment passed 98-0. While NCIL supported this amendment, a Sense of the Senate holds no enforcement procedure, but merely expresses the thoughts of the Senate.
The second amendment, offered by Senator Thune (R-SD), was to strip the CLASS Act entirely from the Senate bill. NCIL has been warning our members about the imminent need to kill this amendment. Debate on the amendment was ceased, a vote held, and the measure failed. Amendments on this bill require 60 votes to pass, and the amendment to kill the CLASS Act failed by 13 votes. Seven Democratic senators, who generally support reform, did not support the CLASS program. They were:
- Mark Udall of Colorado
- Even Bayh of Indiana
- Kent Conrad of North Dakota
- Mary Landrieu of Louisiana
- Blanche Lincoln of Arkansas
- Claire McCaskill of Missouri
- Mark Warner and Jim Webb of Virginia,
and
- Ben Nelson of Nebraska.
View the Roll Call vote to see how your senator voted (if they did before the amendment was withdrawn). Please call your senators to thank them if they supported the CLASS program by voting NO to the Thune amendment.
If your Senator(s) voted to strip the CLASS program from the healthcare reform bill, let them know your dissatisfaction. There could be another amendment or deal brokered that could strip the CLASS Act from the bill. Related Story.
A Proclamation by the President on the International Day of Persons with Disabilities 2009
Source: The White House
This year, in an effort to renew our global commitment to human rights and fundamental freedoms for persons with disabilities, the United States became a proud signatory of the United Nations Convention on the Rights of Persons with Disabilities. This treaty represents a paradigm shift, urging equal protection and benefits for all citizens, and reaffirming the inherent dignity and independence of the 650 million people living with disabilities worldwide.
Today, as we commemorate the International Day of Persons with Disabilities, we celebrate the skills, achievements, and contributions of persons with disabilities in America and around the world. We recognize the progress we have made toward equality for all, and we rededicate ourselves to ensuring individuals with disabilities can reach their greatest potential.
Despite our increased efforts, persons with disabilities continue to face barriers to their full participation in society. In the United States, Americans with disabilities still experience discrimination in the workplace and in their communities. In developing nations, 90 percent of children with disabilities do not attend school, and women and girls with disabilities are all too often subjected to deep discrimination.
If we are to move forward as a people, both at home and abroad, all individuals must be fully integrated into our human family. The International Day of Persons with Disabilities is a time to renew our commitment to the principles of empowerment, dignity, and equality. The United States has co-sponsored and joined consensus on the United Nations General Assembly Third Committee's resolution titled, "Realizing the Millennium Development Goals for Persons with Disabilities." We must continue to embrace diversity and reject discrimination in all its forms, and insist on equality of opportunity and accessibility for all. Let our efforts remind us that when we work together, we can build a world free of unnecessary barriers and include every member of our international community.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim December 3, 2009, as International Day of Persons with Disabilities. I call on all Americans to observe this day with appropriate ceremonies, activities, and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of December, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-fourth.
CLASS Act Refresher: Keep the Pressure On!
NCIL was pleased to see a high level of interest in and response to our recent alerts regarding the CLASS Act in the Senate healthcare reform legislation. Some members still have questions about what the CLASS Act is all about.
Simply put, the CLASS Act provision, as found in the Senate Healthcare reform legislation, would create a new national, voluntary, long-term care insurance program. People would choose to pay into the program through a payroll deduction (or other method). After paying into the program for a minimum of five years and a determination to need assistance with two to three activities of daily living, a person would be eligible to receive a cash benefit that will range from $50 to $75 per day. There would be no pre-existing condition exclusions, and no lifetime limit to the benefit.
For college students and people at or below the poverty level, there would be a reduced premium of around $5 a month. For the rest of interested adults, the premium would likely be around $120 a month. The cash benefit could be used for whatever a person needs to help maintain their independence, including paying for personal care services, home modifications, technology or any other assortment of goods and services.
The CLASS program is not the only solution to our nation’s desperate need to reform the long term care industry. The CLASS provision is one option for people who can pay into such a program. It will eliminate the need for many people to go into poverty to be eligible for Medicaid.
Read the CLASS Act, as written in the bill (PDF). The section on the CLASS program can be found in section 8001, on page 1925.
Even More Healthcare Reform Updates!
This weekend the Senate held a rare weekend session on both Saturday and Sunday. In fact, the Sunday session was only the 30th such meeting of the chamber since 1861. NCIL Policy Analyst Jason Beloungy has been monitoring events and reports the following updates:
A big issue of concern to NCIL members was addressed over the weekend. Proposed cuts to Medicare spending on home health services was the focus for much of the day on Saturday. While the President and many Democrats in Congress were adamant that the proposed cuts were only to address waste, overpayments, fraud and abuse, many home health agencies felt that the cuts would impact services as reductions in reimbursements would affect the level and quality of services they provide. While in session over the weekend, the Senate approved two amendments aimed at ensuring that cuts only affect what they were intended to do. The first amendment, offered by Senator Bennet of Colorado, stated that cuts to the Medicare program cannot affect the benefits that Medicare beneficiaries receive. The second amendment, offered by Senator John Kerry (D-MA) explicitly stated that home health benefits could not be adversely affected by cuts made to the Medicare program. Both amendments passed
No Senators voted against the amendments, but several Senators expressed concern that the amendments were merely “Sense of the Senate”, and provided no enforceable provisions. Late Sunday afternoon Senator Gregg (R-NH) offered an amendment that provides enforceable language that will ensure such benefits are not cut.
The Republicans, through an amendment offered by Senator Johanns (R-NE), attempted to strip the cuts to Medicare. His amendment garnered only 41 votes and was defeated.
On Sunday, President Obama visited Capitol Hill and met privately with Democratic senators to reinforce the weight of the moment. Many senators were hopeful that the President would talk specifics and rally support for the public option, but that did not happen. While the President met with Democrats, a rare moment in the Senate occurred. The Senate Majority Leader allowed the minority party control of the chamber while the Democrats were all absent. This agreement was made between the Majority Leader and Minority Leader, and allowed Senate Republicans to discuss the bill and various amendments. The colloquy was lively and free flowing for Senate floor debate standards
NCIL Joins CLASS Supporters at the Capitol; Hilarity Ensues
To the surprise of advocates, word came that votes on two amendments for the CLASS Act were happening Friday afternoon. There were still a number of Senators who were neutral or leaning towards removing the CLASS Act from the healthcare reform bill, so the allies made haste to the Capitol to try and bend the ear of senators as they made their way into the chamber to cast their votes.
NCIL staff spoke to Senate staff and garnered an unplanned meeting with one senator. Following the vote, the group of CLASS Act supporters was greeted by Senators Tom Harkin (D-IA) and Chris Dodd (D-CT). Both offered their thanks and appreciation to the groups and their members, who have worked to fight efforts to kill the CLASS Act. NCIL Policy Analyst Jason Beloungy thanked senators for their vote on behalf of NCIL’s membership. Senator Harkin remarked to Jason that he “loves NCIL” and the great work we do.
One bit of humor in an otherwise intense afternoon was an exchange between Jason and the Freshman Senator from Minnesota, Al Franken. As Senator Franken walked past, Jason asked him to protect the CLASS Act funding and the program itself. The Senator did not respond until his staff person responded that the Senator supports the CLASS Act. The Senator looked back and said “The CLASS Act! I thought you were calling me a class act”. Jason responded, “Well, you are a classy guy!” Senator Franken then informed Jason that he is classy as well.
NJ Tenant Sues Prospective Landlord for Denial of Application
Source: lawyersandsettlements.com, by Gordon Gibb
Yardville, NJ: A prospective tenant who was denied housing in New Jersey due to a complex rental agreement has won some favor through an appellate court in New Jersey.
The Times of Trenton reported Thursday that Denise Bell, an unemployed New Jersey resident [with a disability], sought a unit at Sunnybrae Apartments of Yardville. Bell receives federal Social Security Disability income and rental help through the New Jersey State Rental Assistance Program.
Sunnybrae, which is under the auspices of Tower Management Services, requires that prospective tenants have a minimum income threshold of $28,000 per year for accommodation. Bell failed to meet the income threshold, and her application was denied.
Bell sued Tower Management Services in 2007, alleging that the landlord violated the New Jersey Law Against Discrimination (LAD) by denying housing to tenants whose income falls below the stated threshold but who can afford rental obligations with state-provided assistance.
The following year, a judge in Superior Court dismissed Bell's lawsuit on grounds that the landlord's position was lawful. The court also rejected the plaintiff's assertion that Sunnybrae's minimum income requirement impacted its decision to deny her application.
Bell appealed to the Appellate Division in March. The appellate court came to a different conclusion. A landlord, it said, should only have the power to consider whether or not a prospective tenant can carry their personal rental obligation, regardless of income source. The court found that Tower Management Services’ inflexible income threshold violates New Jersey's source-of-income provision and discriminates against those who benefit from state income assistance.
"A liberal interpretation of the LAD dictates that, so long as prospective tenants can demonstrate that they have sufficient income to pay their individual portions of the rent not covered by their rental assistance vouchers, they should not be held to an income standard that bears no rational or reasonable relationship" to their ability to pay, asserts the Division on Civil Rights' amicus brief.
"There was no reason to deny (Denise Bell) the right to rent an available apartment since she had sufficient income to meet her personal rent obligation for that part of the rent not covered by voucher payments."
Obama Administration Pushes States to Provide Community Living
Source: Disability Scoop, by Michelle Diament
Community-based living for people with disabilities got a boost recently when the Department of Justice filed friend of the court briefs in lawsuits against three states. The briefs were filed in support of the Supreme Court’s decision in Olmstead v. LC and EW. In that decision, the court said that states have an obligation to give people with disabilities the option to receive care in a community setting, where medically possible.
President Barack Obama said earlier this year that his administration would beef up enforcement of the court decision, which dates back to 1999. And, in late November the Justice Department took action by filing briefs in lawsuits against the states of Connecticut, Virginia and New York.
In Connecticut, the federal government is supporting a suit brought by Connecticut Protection and Advocacy that’s challenging an alleged lack of community placements for residents with disabilities who are currently living in large, private nursing homes.
Meanwhile, the brief filed in Virginia supports an effort by the ARC of Virginia to block the state from spending millions of dollars on a new, segregated facility for people with intellectual disabilities. The ARC is asking that the money be spent on community-based options instead.
And in New York, the Justice Department is supporting a proposal to provide new living options for adults whose placements in large homes were deemed to be in violation of the Americans with Disabilities Act earlier this year.
“As the Supreme Court determined in the landmark Olmstead v. L.C. case, unjustified institutionalization stigmatizes individuals with disabilities as unworthy of participation in community life. New York, Virginia and Connecticut can successfully provide community-based housing, such as scattered site apartments with supportive services, and the law requires them to do so to prevent unnecessary institutionalization,” said Thomas E. Perez, assistant attorney general in charge of the Justice Department’s civil rights division.
ADAPT to Host Direct Action Organizing Training Spring 2010
Mad As Hell and Don’t Want to Take It Any Longer? Don’t Mourn… Organize! Form an ADAPT Group!
The ADAPT Community will be hosting Direct Action Organizing Training Spring 2010, Memphis, Tennessee. Topics covered:
- The Power Relationship
- Picking an issue
- Winning strategies / tactics
- Organizing a “Direct Action”
- Negotiating – Getting to “Yes”
- Forming an ADAPT Group
- Pitchfork approach to social change
For information contact Bob Liston at adaptbob@gmail.com or 406-544-5137 or 406-829-9495 (cell).
NDRN Releases “A Decade of Little Progress Implementing Olmstead”
The National Disability Rights Network (NDRN) recently released the report “A Decade of Little Progress Implementing Olmstead” (PDF). NDRN reviewed the efforts of the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS), two agencies charged with enforcing the Supreme Court's mandate. Here is a little taste:
“With every year that passed in the last Administration, it appeared that federal efforts to spur Olmstead enforcement waned. This report highlights problematic trends like this and recommends a more effective, aggressive federal approach to bring about community integration. The research for the report was largely completed in September 2009. Since that time new leadership has been appointed to the U.S. Department of Justice (DOJ) and we’ve seen a renewed focus on Olmstead enforcement. Some welcome signs include:
- DOJ has been more proactive to reach out to members of the disability community to identify potential Olmstead cases where their participation might advance the law and help to clarify questions that remain unsettled after the Supreme Court’s decision. Questions which, if resolved, may remove barriers to individuals transitioning to the community.
- Recent DOJ investigations and filings under the Civil Rights of Institutionalized Persons Act (CRIPA) have made clear that Olmstead issues are deeply intertwined with problems of inadequate conditions, and solving these problems must look at whether the people in the facility belong there and whether the institution is complying with laws governing discharge planning and transition.
Hopefully, we will see a similar sense of urgency at the new HHS, Office of Civil Rights; and this aggressive commitment to enforcement of the Olmstead mandate will continue throughout the full Obama Administration and beyond. The ebbs and flows of budgets may pressure DOJ and the U.S. Department of Health and Human Services (HHS) to slow their commitment. However, America can’t afford to slow down community integration. We have a generation of baby boomers facing disabilities as a result of aging, and thousands of recently wounded Iraq and Afghanistan veterans who deserve a future outside of institutions.”
Stevie Wonder Becomes a UN Messenger of Peace
Source: UN Information Center, by Mark Leon Goldberg
Singer/songwriter legend Stevie Wonder is joining the United Nations as one of its 10 Messengers of Peace to lend his talents to this work. It is the latest move in a long career of writing, producing and performing songs to highlight challenges many children and adults face - from disabilities, to HIV/AIDS, cancer, diabetes, hunger, homelessness and domestic abuse.
"Our newest Messenger of Peace is someone who is admired by millions of people and has given back to millions of people," Secretary-General Ban Ki-moon said ahead of Mr. Wonder's official designation at a news conference on Thursday.
Without the broader participation of people with disabilities in development initiatives, prospects are dim for reaching the Millennium Development Goals. If they can overcome the challenges that keep disproportionate numbers of people with disabilities - and their families - in poverty, the odds improve significantly, UN officials say. Read More.
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December 7, 2009