The Social Security Administration’s (SSA) proposed rule to expand the use of continuing disability reviews (CDR) is still open for public comment. Currently, SSA reviews eligibility for Old Age Survivors and Disability Insurance (OASDI) and Supplemental Security Income (SSI) benefits more or less frequently based on three different categories: every 6-18 months if medical improvement expected (MIE), every 3 years if medical improvement possible (MIP), and every 5-7 years if medical improvement not expected (MINE). The proposed rule adds a category called “medical improvement likely” (MIL) in which reviews must occur every 2 years and requires review for people in the MINE category every 6 years. The deadline for comments has been extended to January 31. Learn more. Submit your comments and view sample comments here.
Monthly Archives: January 2020
Employment/Family Support: House Committee to Hold Hearing on Legislative Proposals for Paid Family and Medical Leave
On January 28, the House Committee on Ways and Means will hold a hearing titled “Legislative Proposals for Paid Family and Medical Leave.” Witnesses will include Representatives Rosa DeLauro (D-CT), Ann Wagner (R-MO), and Elise Stefanik (R-NY); Joan Lunden, former host of Good Morning America and women’s health and wellness advocate; Kemi Role, Director of Work Equity at the National Employment Law Project; Sharon Terman, Director of Work and Family Policy at Legal Aid at Work of California; Hadley Heath Manning, Director of Policy at Independent Women’s Forum and Independent Women’s Voice; Rebecca Hamilton, Co-CEO of W.S. Badger; and Vicki Shabo, Senior Fellow for Paid Leave Policy and Strategy at New America. Visit the Committee website for more information or to access live video on the day of the hearing. For more on ensuring that paid leave works for people with disabilities, visit thearc.org/paidleave.
Direct Support Professionals: Senators Introduce Legislation to Allow DSPs in Hospitals
On January 21, Senators Rob Portman (R-OH) and Kirsten Gillibrand (D-NY) introduced the Ensuring Access to Direct Support Professionals Act (S.3220). This bill would allow 1915(c) waiver recipients to bring their direct support professionals (DSPs) with them to the hospital. Medicaid does not currently cover DSPs when a 1915(c) waiver recipient is admitted to the hospital, leading patients to rely on hospital staff not trained on their individual needs. The Arc supports this legislation.
PHI Releases First in Year-Long Series of Reports on Direct Care Workforce
On January 21, PHI released the first of a year-long series of reports on the direct care workforce. This report, titled “It’s Time to Care: A Detailed Profile of America’s Direct Care Workforce,” covers the basic terminology in the field of direct care, explores the evolving nature of direct care and growing need for it, and offers policy solutions to address the workforce shortage. The report recommends increasing compensation and creating a workforce pipeline.
The Arc Files Class Action Complaint Against West Virginia School District
On January 24, The Arc of West Virginia joined the parents of G.T., a child with autism, in filing a class action complaint against Kanawha County Schools for systemic disability discrimination. The complaint alleges that the school district has failed to provide positive behavioral supports resulting in excessive punishment, segregation, and loss of instruction time. To more learn, see The Arc’s statement.
Education: Supreme Court to Hear School Voucher Case This Week
On January 22, the Supreme Court will hear oral arguments in Espinoza v. Montana Department of Revenue. Montana’s tax credit scholarship program allows a dollar-for-dollar tax credit for donations to an organization that provides private school scholarships. The state’s supreme court ruled that the state constitution prohibited the use of these funds for religious schools. The petitioners assert that limiting the availability of scholarships to secular schools violates the First Amendment to the United States Constitution. The Arc and other disability advocates filed an amicus brief asking the Court to uphold the decision made by the Montana Supreme Court invalidating Montana’s private school tax-credit scholarship program as it is harmful to students with disabilities. See The Arc’s position statement on education, including school choice. For more information, see The Arc’s press release regarding the case.
Social Security: Comments to SSA on CDR Rule Due January 31
The Social Security Administration’s (SSA) proposed rule to expand the use of continuing disability reviews (CDR) is still open for public comment. Currently, SSA reviews eligibility for Old Age Survivors and Disability Insurance (OASDI) and Supplemental Security Income (SSI) benefits more or less frequently based on three different categories: every 6-18 months if medical improvement expected (MIE), every 3 years if medical improvement possible (MIP), and every 5-7 years if medical improvement not expected (MINE). The proposed rule adds a category called “medical improvement likely” (MIL) in which reviews must occur every two years and requires review for people in the MINE category every 6 years. The deadline for comments has been extended to January 31. Learn more. Submit your comments and view sample comments here.
Rights: Senators Introduce Accessible Voting Act
On January 16, Senators Bob Casey (D-PA), Amy Klobuchar (D-MN), and Kirsten Gillibrand (D-NY) introduced the Accessible Voting Act (S.3206). This bill establishes an Office of Accessibility within the Election Assistance Commission to oversee efforts to expand voter accessibility, establishes a new voter accessibility website, and provides additional assistance to states to increase accessibility in the voting process. Additionally, the bill ensures individuals will not lose their right to vote solely because they are placed under guardianship. Learn more. The Arc supports this legislation.
Family Support: ACL Seeking Input for National Family Caregiver Strategy
The Administration on Community Living is seeking public input for the development of a national strategy on family caregiving. Advocates are encouraged to comments on issues relating to caregiving, such as paid leave, tax credits, and respite options. Please see the Consortium for Citizens with Disabilities’ sample comments. Comments are due by February 7.
Education: Members of Congress Urge Education Department to Issue Guidance Banning Seclusion and Certain Restraints
On January 15, twelve members of Congress sent a letter to Education Secretary Betsy Devos urging the Department of Education to update its 2016 guidance document on restraint and seclusion. Currently, the federal guidance discourages the use of restraint or seclusion except where a child’s behavior poses imminent danger of serious physical harm to self or others. The lawmakers urge the Department of Education to update the document to prohibit seclusion and restraints that restrict breathing and are life-threatening. Additionally, they ask that the guidance promote the use of evidence-based alternatives that reduce use of physical restraint.