1) What’s Happening in the Nation’s Capital?
IL Funding Increase Close to Being Approved as Part of 2010 Federal Budget
2) National News
Preventing Harmful Restraint and Seclusion in Schools Act Introduced in Both Houses!
AFSCME Declares Support for Community First Choice Option in Health Reform
Healthcare Reform Update
Lynnae Ruttledge, Chai Feldblum Approved by Senate Committee
3) State News
Commissioner Astrue Asks Inspector General to Investigate California and Hawaii Disability Determination Services
4) Announcements and Additional Resources
Athletic Opportunities for Students with Disabilities: Sign On and Share Your Story!
Executive Director Kelly Buckland Joins Senators at Long-Term Care Press Conference
IL Funding Increase Close to Being Approved as Part of 2010 Federal Budget
Last week, the U.S. House of Representatives took the first steps to avoid having to pass another Continuing Resolution for the Federal Budget. The current Resolution funds activities of the government at their current levels through December 18th.
There were several spending bills that had yet to be passed out of Committee, so House and the Senate appropriators conferenced spending measures that had been approved in Committee with those that had not. This new budget bill passed in the House by a vote of 221-202 and in the Senate by a vote of 57-35.
Good news for the Independent Living Program: The $3 million increase that was passed in the House (and in Senate Subcommittee) was maintained in the 2010 budget bill! The 2009 appropriation under the Department of Education was $77.266 million for Part C. Under the 2010 federal budget, the amount was increased to $80.266 million. This is a big victory for the Independent Living Program. Unfortunately, Part B grants did not receive an increase in the 2010 budget.
Not so fast: One major portion of the bill was not included in the legislation passed by both Chambers, the defense budget. In order for this bill to be signed into law, the defense budget must be passed by the 18th. It appears that Congress is close to finalizing this section, and the full budget bill will be arriving on President Obama’s desk by the end of the week.
NCIL would like to remind our membership about the efforts made by NCIL members, staff, and leadership that have brought increased Part C funding for two consecutive federal fiscal years, in addition to the funding in the American Recovery and Reinvestment Act. Preparation for the new budget cycle begins early next year and NCIL will again be pushing for an increase to Part B and Part C dollars to bring funding to the Independent Living Program.
Preventing Harmful Restraint and Seclusion in Schools Act Introduced in Both Houses!
On Wednesday, "The Preventing Harmful Restraint and Seclusion in Schools Act" (H.R. 4247) was introduced in the House of Representatives by U.S. Representatives George Miller and Cathy McMorris Rodgers. Senator Christopher Dodd introduced legislation with the same title in the Senate (S. 2860). Both versions of the bills are similar. Safety standards are established in schools, including:
- prohibits physical restraint except in cases of danger or injury,
- requires proper training for staff for enforcement,
- prohibits the use of mechanical, chemical, or aversive restraint,
- discontinues the use of restraint or seclusion requirements in an Individualized Education Plan,
- requires schools to notify parents with immediate verbal or electronic communication within 24 hours of restraint or seclusion.
Competitive grants are created to assist with the development and implementation of the state plan and to provide training for school personnel. The training comes with a certification to enforce proper usage, which requires states to create policies and procedures to monitor and enforce this system. The Department of Education will provide Congress a national assessment that analyzes data on restraint and seclusion and methods to prevent incidents.
NCIL is pleased that the harmful restraint and seclusion problem is being addressed and the safety of students in school will be ensured. It will be extremely important that NCIL members work with their states to ensure that this legislation does not increase the use of seclusion and restraint. The NCIL Education Committee is interested in your opinion. Please contact Policy Analyst Lacy Pittman with any questions at lacy@ncil.org or 202.207.0334 ext 1015
AFSCME Declares Support for Community First Choice Option in Health Reform
Source: AFSCME
The American Federation of State, County and Municipal Employees (AFSCME) threw its full support behind a federal provision to increase personal assistance services to seniors and people with disabilities. These services include personal care and homemaking, and are provided in community settings by direct support workers.
"This is an important step toward ensuring the dignity and independence of seniors and individuals with disabilities," said AFSCME International President Gerald W. McEntee. "In our support for the Community First Choice Option, we will work for consumer choice, service quality and workforce stability."
AFSCME's International Executive Board voted unanimously [last week] to support the Community First Choice (CFC) Option, a provision in Senate health care reform legislation to increase resources to encourage the adoption and improvement of state community-based attendant services and supports programs.
"Having a personal care attendant has meant that I can keep living in my neighborhood, that I can keep living my life. He is the best," said Sarah Pitts, a personal care consumer in Lake Elsinore, California. "Without him, I don't know what I would do. More people need this kind of assistance."
Personal assistance programs are not available in many states, and many states that offer such programs often significantly limit services. The field is characterized by low wages, few benefits and high turnover among direct support workers.
"My home health care provider works so hard for me and cares so much," said Marylin Hicks of Springfield, Missouri, a personal services consumer in Missouri's Consumer Directed Services program. "She, and all providers, should be paid fairly, because they are so important to our lives."
AFSCME represents more than 200,000 direct support workers nationwide. AFSCME is working on the federal and state levels to ensure that these programs are adequately funded, accessible to all Medicaid-eligible individuals who need them and available in more states.
From ADAPT: We have a REALLY BIG VICTORY to celebrate! The American Federation of State, County and Municipal Employees (AFSCME) has announced that they fully support the Community First Option! ADAPT has worked long and hard to bring AFSCME from not supporting such issues like the Community Choice Act, to taking a big step forward in supporting the Community First Choice Option! Congrats to all! Nothing About Us, Without Us! Nada Sobre Nosotros, Sin Nosotros!
Healthcare Reform Update
The Senate spent a second weekend in a row at work, spending most of their time on the healthcare reform bill before their chamber, HR 3590. Last week, it initially appeared that liberals, moderates, and Independents had worked out a compromise on a government-run insurance program (the public option). Moderates were adamantly against the public option and liberals were adamant that there needs to be some government intervention to offer choice and cost control in the private market.
Previously, a group of moderates and liberals began to develop a compromise: a Medicare Buy-in program for those age 55-64 and a national government-administered health plan, much like what the federal government provides to members of Congress. A nationwide insurance plan would allow individuals who do not get insurance through an employer, and small businesses with 50 employees or less, to buy insurance from a pool of private not-for-profit insurers. The federal government would negotiate the costs and benefits to the consumer, and the plans would be available nationally.
These provisions are listed as “likely” is because no one besides the Senate Majority Leader knows what provisions were sent to the Congressional Budget Office (CBO), and what will ultimately survive. The Senate Majority Leader, in his effort to minimize the confusion and subsequent backlash, would like to first determine what the provisions cost and what they would do before putting together an amendment to be voted on.
The initial reports from Capitol Hill were that this was an agreement that had been reached by moderate and liberal Democrats and Independents. However, the only thing that was actually agreed to was to send a list of provisions to the CBO for a cost-estimate. Over the weekend, Senators Joe Lieberman (I-CT) and Ben Nelson (D-NE), came out against the Medicare Buy-In proposal because they continue to feel that this will lead to a government run insurance program. Many of their colleagues in the Senate reject that notion.
The feeling on Capitol Hill is that Democrats need to work out their differences by the end of this week and wrap up likely amendments into a manager’s amendment that can be voted on together. The reason for this sense of urgency is that a bill needs to begin the procedural hurdles to passing a bill by the end of the year. The Senate Majority Leader cannot move forward if there are not 60 votes to end a filibuster, and until there is certainty about the cost to the government, the consumer, and whether the cost of healthcare itself goes down, some senators are apprehensive to support the bill. If the Senate does pass a bill, it will still be a struggle to merge it with the House bill, which may be significantly different.
Many people are questioning the possibility of passing a conferenced bill after the difficulty getting HR 3590 through the Senate. One option they can use is the “ping-pong” process. If the Senate passes HR 3590, the bill would go as-is to the House of Representatives for a vote. If they pass the bill as-is, it heads to the President’s desk. If the House offers changes, the bill goes back to the Senate, and so on. This process would eliminate the need to have a Conference Committee merge the two bills, but it would essentially ignore the bill that the House approved. It is difficult to guarantee that 218 members of the House would approve a Senate bill, but the House may have to resign itself to the reality of the process.
For questions about the healthcare legislation or process, please contact NCIL Policy Analyst Jason Beloungy at 202-207-0334 (toll-free 1-877-545-3400), ext. 1008. Jason can also be reached by e-mail at jason@ncil.org.
Lynnae Ruttledge, Chai Feldblum Approved by Senate Committee
On December 10th, the Senate Health, Education, Labor and Pensions (HELP) Committee unanimously approved the nomination of Lynnae Ruttledge to be the next Commissioner of the Rehabilitation Services Administration (RSA). The Committee also approved the nomination of Chai Feldblum as a Commissioner of the Equal Employment Opportunity Commission (EEOC). NCIL strongly supports both of these nominations and will encourage the full Senate to support her confirmation.
NCIL urges its membership to call their U.S. Senators and ask for their support to bring these nominations to a vote and confirm them to their respective positions.
Commissioner Astrue Asks Inspector General to Investigate California and Hawaii Disability Determination Services
Source: Social Security Administration, DB101
Michael J. Astrue, Commissioner of Social Security, today asked the agency’s Inspector General to investigate allegations that the states of California and Hawaii have recently implemented practices that deny applicants the right to receive full consideration of their Social Security disability claims.
In a memo to Patrick P. O’Carroll, Inspector General, Social Security Administration, Commissioner Astrue writes, “As you know, Gov. Schwarzenegger has insisted on furloughing California Disability Determination Service (DDS) employees, despite the fact that we fully fund both their salaries and overhead. According to Congressman Robert Filner, the State is attempting to find ways to improperly circumvent the effects of the furlough at the expense of some of the State residents who are in the greatest need.”
At a hearing before the House Ways and Means Subcommittee on Social Security yesterday, Congressman Filner (D-CA) testified that the California DDS is denying the claims of disability applicants who fail to return a 25-page report within 20 days – a practice which has been adopted since the institution of furloughs. He reported that one office had closed 30 percent of its cases due to the applicants’ failure to return the completed form within 20 days. In addition, he testified the California DDS may be manipulating its service numbers by assigning claims to fictional examiners or supervisors. According to the Congressman, this scheme would allow the DDS to hide the fact these cases are not actually being reviewed.
“I am concerned about the State of Hawaii DDS, which is furloughing its DDS employees for as many days as California, and which has made statements about new business efficiencies that closely track statements made by California officials,” Commissioner Astrue writes to the Inspector General. “Accordingly, I ask that you also review that agency to ensure they are also fully adhering to all SSA rules and policies.” Read More.
Athletic Opportunities for Students with Disabilities: Sign On and Share Your Story!
NCIL has signed on to the following letter to support efforts to expand athletic opportunities for students with disabilities. You can:
- Sign on: contact advocacy@womenssportsfoundation.org to have your organization added to the coalition letter by Tuesday December 15th (tomorrow!).
- Share your story at: www.WomensSportsFoundation.org/DisabilityStory. Calling all athletes with disabilities, we need your stories! Are you a student with a disability who has struggled to receive equitable treatment in your school? Have you found a way to successfully participate in athletic programs in your school? If not, do you feel like you have missed opportunities to participate or have been relegated to the sidelines? If this is you, the Women's Sports Foundation wants to know your story.
Dear Colleague,
We are writing to discuss the important need to expand physical activity and athletic opportunities for individuals with disabilities in our educational institutions. Individuals with and without disabilities, female and male, must be provided with equal opportunities and resources to participate in school-based athletic programs.
The benefits of athletic programs are equally important for students with disabilities as they are for all students. Sports are an effective intervention for addressing the obesity epidemic that is especially problematic for individuals with disabilities. Individuals with disabilities who participate in sports have higher self-esteem, better body images and higher rates of academic success. They are more confident and more likely to graduate from high school and matriculate in college and experience greater career success and more options.
Despite these benefits, individuals with disabilities are not getting the same amount of physical activity and athletic opportunities as individuals without disabilities. In fact, studies indicate that 56% of people with disabilities do not engage in any physical activity, compared to 36% of people without disabilities, and only 23% of people with disabilities are active for 30 minutes three or more times per week. There are 1.5 million first through twelfth graders with physical impairments that are not included in athletic competitions.
Although individuals with disabilities have made significant gains since the passage of the Rehabilitation Act, students with disabilities are still facing pervasive inequities in school-based athletic programs. Currently, opportunities to participate in athletics for students with disabilities are virtually non-existent. We know that comprehensive change is needed to address the systemic exclusion and discrimination students with disabilities face in terms of athletic opportunities and resources for sports participation.
In this light, we, the undersigned, have formed the Alliance in Support of Athletics Equity for Students with Disabilities (ASAESD) to advance sports opportunities for students with disabilities. ASAESD is working on a multi-prong policy agenda that will ensure that students with disabilities are provided opportunities to participate in and receive benefits from school based athletic programs.
We urge you to support our efforts to expand athletic opportunities for students with disabilities.
Sincerely, Women’s Sports Foundation
Executive Director Kelly Buckland Joins Senators at Long-Term Care Press Conference
On Friday, December 11th, NCIL Executive Director Kelly Buckland was invited to speak at a press conference to support the long-term care provisions in the Senate healthcare bill, HR 3590. Kelly joined leading senators in the effort to ensure that long-term services and supports remain part of HR 3590. Senators Christopher Dodd (D-CT), Robert Casey (D-PA), Paul Kirk (D-MA), and Tom Harkin (D-IA) stood in support of including long-term care reforms such as the Community First Choice Option (CFC) and the CLASS Act. Kelly spoke to a full room in the U.S. Capitol Visitor Center about the need for long-term care reforms.
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December 14, 2009