On October 10, the Department of Homeland Security (DHS) issued a proposed rule that will greatly expand the what is known as the “public charge” test. The public charge test allows for denying entry to or permanent residency in the United States based upon the likelihood an individual will need government benefits. Currently, the only benefits considered are cash benefits such as Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), comparable state and local programs, and institutional long-term care (including through Medicaid). Under the proposed rule, an individual could be considered a public charge for using or applying for a broader range of benefits including most Medicaid programs, housing assistance, or food assistance. The Arc opposes the proposed rule because it will result in discrimination against legal immigrants with disabilities. Read The Arc’s full statement here.
On October 6, the Senate approved the nomination of Judge Brett Kavanaugh to serve as an Associate Justice on the Supreme Court by a vote of 50 to 48. Read The Arc’s statement on Judge Kavanaugh’s appointment here.
Last week, the Senate Judiciary held a four-day hearing on the nomination of Brett Kavanaugh to be an Associate Justice on the Supreme Court. The first three days involved questioning on Judge Kavanaugh himself. The fourth day involved additional witnesses, including Elizabeth Weintraub, Advocacy Specialist at the Association of University Centers on Disabilities, and Jackson Corbin, a 13-year-old with Noonan Syndrome. Ms. Weintraub testified about the importance of self-determination to her as a woman with intellectual disability and Judge Kavanaugh’s ruling in Doe Tarlow v. District of Columbia, in which he concluded that people with intellectual disability who have “never been competent” do not have a right to even have their wishes heard or considered in medical decisions (see and share video of her testimony). Jackson’s testimony related to the importance of the Affordable Care Act to his mother, his brother, and himself, all of whom have Noonan Syndrome, which comes with multiple pre-existing conditions. Visit the Committee web site (Day 1, Day 2, Day 3, Day 4) for more information or to view archived video of the hearing. The Arc opposes Judge Kavanaugh’s nomination.
On July 25, President Trump issued a proclamation commemorating the 28th Anniversary of the passage of the Americans with Disabilities Act (ADA). The ADA is the primary civil rights law for people with disabilities. It passed Congress with bipartisan support and was signed by President George H.W. Bush in 1990. Read the statement here.
On July 17, the Senate approved H.R.6042 without amendment by unanimous consent. This bill delays by one year electronic visit verification (EVV) requirements for tracking when personal care services are provided to people with disabilities. The bill also expresses the sense of Congress that the Centers for Medicare and Medicaid Services (CMS) should hold at least one public meeting and solicit ongoing stakeholder input on its recently-issued guidance. The House of Representatives passed this bill last month. The bill now awaits President Trump’s signature. The Arc applauds passage of this bill which gives advocates more time to work with CMS and state Medicaid agencies to ensure EVV is implemented in a way that doesn’t place an undue burden on providers and protects the privacy of beneficiaries.
The Senate is expected to vote as early as today on a bill to delay by one year Electronic Visit Verification (EVV) requirements for tracking when personal care services are provided to people with disabilities. The bill also expresses the sense of Congress that the Centers for Medicare and Medicaid Services should hold at least one public meeting and solicit ongoing stakeholder input on its recently-issued guidance. The House of Representatives passed its version of the bill (H.R.6042) by voice vote last month. Learn more about this bill here. The Arc urges advocates to contact their Senators as soon as possible.
On June 19, the House of Representatives passed H.R.6042 by voice vote. This bill delays implementation of the Electronic Visit Verification (EVV) requirements of the 21st Century Cures Act by one year, until January 2020. The bill also expresses the sense of Congress that CMS should hold at least one public meeting and solicit ongoing stakeholder input on its recently-issued guidance. Learn more about this newly-passed bill here.
June 22 will be the 19th Anniversary of the Supreme Court’s ruling in Olmstead v. LC. The case involved Lois Curtis and Elaine Wilson, two women intellectual disability and psychiatric disabilities who were living at the Georgia state psychiatric hospital. Despite clinical assessments determining that a community setting would be appropriate, the state of Georgia refused to allow them to receive services outside of the institution. The Court ruled that placement in an institutional setting against one’s will against clinical recommendations violated the Americans with Disabilities Act.
Recently, the Administration announced a change in immigration policy that has resulted in children being separated from their parents at the US-Mexico border. Historically, crossing the border illegally was considered a civil offense and parents were able to stay with their children while legal proceedings were carried out (for example, to determine whether the family qualified for asylum). Under the new policy, crossing the border illegally is considered a criminal offense. Children are not allowed to stay with their parents while criminal proceedings are carried out because adult detention facilities cannot ensure child safety. Last Friday The Arc released a statement regarding the forced immigrant family separations that are occurring at the U.S.-Mexico border. “The Arc stands with the immigrant community and the many organizations and individuals that have come out in opposition to this abhorrent practice,” said Peter Berns, CEO of The Arc. “The notion of uniformed, federal border protection agents forcibly separating parents from their children is outrageous.” Read The Arc’s full statement here.
On May 16, the Centers for Medicare and Medicaid Services (CMS) issued guidance on implementation of electronic visit verification (EVV) required in the 21st Century Cures Act. Congress directed CMS to issue this guidance at least one year before the implementation deadline of January 19, 2019. The statute requires EVV for personal care services and home health services. However, the guidance provides a very expansive interpretation that includes any service where assistance with activities of daily living or instrumental activities of daily living is provided in part in the home. Furthermore, it leaves many decisions with privacy implications up to states. The Arc believes the short time frame is insufficient for states to engage with stakeholders to implement these requirements in a way that does not put an undue burden on providers and does not violates the privacy of beneficiaries.