|
|
|
|
A Note from the Policy Director
|
|
|
Dear Policy Readers,
Last week, we shared Tennessee's story of learning about and spreading the concept of supported decision-making. We were invited to tell our story at the national Supported Decision Making Symposium in Washington, D.C. We were one of a handful of states featured. Honestly, it was the best conference I've attended in years because the information was so practical. Every session featured folks from other states working toward the same goal: how can we do a better job making sure people with disabilities are making decisions about their own lives?
This is a goal Tennessee shares, but we are still working through hard questions. How do we balance helping people stay safe and be empowered to control their own lives? How do we find an approach that can be tailored for each person's different needs? I left the conference knowing we have not yet answered these questions, but feeling determined that we will. Inspiration like that is the mark of a great conference.
|
|
National Supported Decision-Making Symposium
The Council, with The Arc Tennessee and Disability Rights Tennessee, was honored to talk about Tennessee's supported decision-making (SD-M) efforts at the National Supported Decision-Making Symposium last week.
|
|
Input to Tennessee Policy: Katie Beckett Program
Thanks to the law passed this year, Tennessee is designing a new "Katie Beckett" program for children with complex medical conditions and disabilities whose parents make too much money to qualify for Medicaid.
Give your input into the design of the program. Click on this link to fill out a brief survey that asks specific questions like:
- What kind of services should be included?
- Who should be enrolled first?
- What questions do you still have about the program?
|
|
Comment on Federal Policy:
Allowing Sub-minimum Wage to Workers with Disabilities
*Deadline extended* - Until Friday, June 21, you can comment about your perspective on subminimum wage for people with disabilities directly to the U.S. Department of Labor (DOL): a rare invitation. Join the Section 14(c) National Online Dialogue to share your ideas, individual stories, and personal experiences illustrating the impact of Section 14(c) on the employment of people with disabilities.
Many Americans do not know that people with disabilities are the only group in the country that is legally allowed to be paid less than minimum wage if the employer holds a "14c certificate" issued by the U.S. Department of Labor. The certificates are named after the section of the Fair Labor Standards Act, section 14c, and were created back in 1938. Several dozen 14c certificate holders still exist in Tennessee. Historically, the idea has been that by allowing employers to offer less than minimum wage, those employers would offer jobs to more people with disabilities. As the field of disability employment has advanced over the past few decades, evidence and experience has shown that with the right supports, people with all sorts of disabilities can have competitive, integrated employment (i.e., working alongside people without disabilities and for wages that people without disabilities earn).
|
|
Bills in the 116th Congress
|
|
|
General quality of life issues:
- *New! Credit for Caring Act Introduced was introduced in both the Senate (S. 1443) and House (H.R. 2730) on May 14, 2019. The bill would give tax credits to eligible caregivers for some of the cost of in-home care, adult day care, respite care, and other services. An "eligible caregiver" is defined as a person who has earned income for the taxable year in excess of $7,500 and pays or incurs expenses for providing care to a spouse or other dependent relative with long-term care needs. The tax credit would be equal to 30 percent of qualified expenses above $2,000, and would be a maximum of $3,000 per year.
- The Marriage Access for People with Special Abilities Act (MAPSA)(H.R.1529), would protect the federal benefits of people with intellectual or developmental disabilities (ID/DD) who wish to legally marry. The bill clarifies that Supplemental Security Insurance (SSI) benefits for a person with ID/DD will not be affected by marriage. When deciding if a person with ID/DD will receive benefits, only their income and resources will be reviewed, and their spouse’s income and assets will not be included. It also clarifies that people with ID/DD will have access to Medicaid benefits if they qualify for SSI benefits, no matter how much income or assets they have. The bill was introduced by Rep. Katko, [R-NY-24] and is co-sponsored by Rep. Keating [D-MA-9].
- Exercise and Fitness for All Act would make fitness centers across America more accessible for those with disabilities. The Exercise and Fitness for All Act (S.1244) would set new federal rules to help ensure people with disabilities have the same opportunity to use fitness centers as their able-bodied peers, and it would allow small businesses to use the Disabled Access Tax Credit to help cover the cost of accessible exercise equipment.
Education
- Respond, Innovate, Succeed, and Empower (RISE) Act (S.1585) would require institutions of higher education to accept a student's individualized education plan (IEP), 504 plan, or prior evaluation as sufficient proof of disability. Additionally, it requires institutions to provide transparent information regarding the process of determining eligibility for disability services and to disseminate the information in an accessible format. It also requires institutions to report information on the number of students with disabilities served, their outcomes, and the accommodations provided.
- IDEA Full Funding Act (S.866/H.R.1878). This bipartisan bill would increase spending over the next decade to bring the federal share of funding for special education up to 40 percent, the amount committed when the law was first enacted in 1975. The federal government currently covers only 14 percent of these costs.
Employment and Economic Security
- *New! The Customized Approaches to Providing and Building Independent Lives of Inclusion for Transition-aged Youth Act (CAPABILITY Act) of 2019 (H.R.3070) would fund grants that help Americans with intellectual and developmental disabilities or autism transition from school to the workforce by creating customized work opportunities, expanding fair-wage jobs in integrated workplaces, and creating programs that help teach independent-living and job skills.
- Beneficiary Enrollment Notification and Eligibility Simplification Act (S. 1280). The BENES Act would amend title XVIII of the Social Security Act to form a system to notify people who will soon be eligible for Medicare. This is meant to update the system to make it easier for people to enroll in Medicare when they are eligible.
- Social Security 2100 Act H.R. 860 and S. 269 would increase Social Security’s benefits for people in the future AND for the 63 million Americans getting those earned benefits today. It would also use a more accurate measure for Social Security’s yearly cost of living increase to better keep up with inflation.
- The Raise the Wage Act, H.R.582 and S. 150, would more than double the federal minimum wage, currently $7.25 per hour, to $15 per hour by 2024. Of note to the disability community, the act also gradually ends the much-criticized rule letting employers pay workers with disabilities less than minimum wage through certificates issued by the Department of Labor.
- The Transformation to Competitive Employment Act (S.260) would end in phases the 14(c) subminimum wage certificates over six years and give grants for technical assistance and provider transformation - helping employers that have paid less than minimum wage meet the new rules.
- The Disability Employment Incentives Act (S.255) increases three tax credits for employers. The Work Opportunity Tax Credit, which provides incentives for businesses that hire people referred by vocational rehabilitation, or who are on Supplemental Security Income or Social Security Disability Insurance, would be increased from $2,400 to $5,000. The Disability Access Expenditures Tax Credit would be increased from $5,000 to $10,000. The Architectural and Transportation Barrier Tax Credit would be increased from $15,000 to $30,000.
- ABLE Age Adjustment Act has been reintroduced in the Senate (S.651). The bill would allow ABLE accounts to be used by anyone who was disabled before their 46th birthday. ABLE savings accounts allow people with disabilities to save for living, education, and long-term costs without risking many of their federal disability benefits. Right now, ABLE accounts can only be used by those who were disabled before their 26th birthday, leaving out millions - including veterans - who would qualify under this new bill.
Healthcare
- HEADs UP Act - Healthcare Extension and Accessibility for Developmentally Disabled and Underserved Population (HEADs UP) Act (H.R. 2417) - The HEADs UP Act would lead to naming people with Intellectual and Developmental Disabilities (I/DD) as a Medically Underserved Population (MUP). Designated populations (groups of people) can get extra federal resources. For example, grants are offered for research about the population and loan forgiveness is offered for doctors and specialists serving the population.
- The Medicaid Services Investment and Accountability Act of 2019 HR 1839 passed the House on Monday, March 25. The bill extends spousal impoverishment protections through September 2019, includes a new version of ACE Kids, includes an additional $20 million for Money Follows the Person, and has a very small extension until June 2019 for Excellence in Mental Health states. It is unclear if and when the Senate will take up these issues.
- The Autism Collaboration, Accountability, Research, Education, and Support (CARES) Act of 2019 (S.427, H.R.1058) - The Autism CARES Act funds autism research, surveillance, and education programs at the National Institutes of Health (NIH), Centers for Disease Control and Prevention (CDC), and Health Resources and Services Administration (HRSA).
- ACE Kids Act Introduced in the House and Senate - Advancing Care for Exceptional Kids Act (ACE Kids Act), (S. 317) and (H.R. 1226), would change Medicaid law to let states provide coordinated care for children with complex medical conditions through a health home, and would make it easier to provide care across state lines. According to the Children's Hospital Association Press Release, the bill "enables care closest to the families' homes and communities, reduces unnecessary hospitalizations, and provides more seamless access to specialized care the child may need across state lines."
- Medicaid Buy-In Bill would allow states to create a Medicaid buy-in program for anyone in the state, regardless of income. Rep. Luján and Sen. Schatz also introduced this legislation in the last Congress (H.R. 4129 and S. 2001). According to the press releases issued by the offices of Rep. Luján (D-NM) and Sen. Schatz, the bills together now have 61 cosponsors (listed in the press releases). The press release also notes that "at least 14 states are exploring implementing a Medicaid public option within their legislatures." Tennessee is one of the states with legislation filed: SB945/HB960.
Long Term Services and Supports
- Medicare for All Plan with LTSS Coverage (H.R. 1384) expands Medicare to cover all residents. It also ends out-of-pocket costs for all benefits except prescription drugs and expands Medicare benefits to include long term services and supports (LTSS). The legislation requires that the program presume that people of all ages and disabilities will receive long-term services and supports through home and community based services (HCBS) unless the individual chooses otherwise. This would be an important change to the current Medicaid program, which requires care in institutions for people who qualify but limits HCBS as optional for states to provide. Read more in a summary of the Medicare for All Act and a section-by-section explanation.
-
The Lifespan Respite Care Reauthorization Act of 2019 (S.995, H.R.2035) reauthorizes the Lifespan Respite Care Program through fiscal year 2024. The Lifespan Respite Care Program, through grants to states, helps build coordinated state lifespan respite systems, helps family caregivers pay for respite or find funding sources, encourages development of new and innovative community and faith based respite opportunities, and trains respite workers and volunteers.
Sources: The Arc US, Family Voices Washington DC Update, and AUCD Policy News
|
|
Questions about this message?
Contact Lauren Pearcy, Director of Public Policy at lauren.j.pearcy@tn.gov or 615-741-5019
The Tennessee Council on Developmental Disabilities is a state agency established to improve disability policies and practices, educate policymakers and the public, and facilitate community collaboration to create lasting, positive change.
The Council provides equal opportunity and access to its programs and activities by the public, and in its hiring and employment practices. The Council prohibits discrimination in all activities on the basis of race, color, creed, religion, sex, national origin, age or disability.
|
|
|
|
|
|
|
