Public Policy Newsletter

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.
 

Share your input online: Until July 5! Click on this link to fill out a brief survey that asks specific questions like:

You can find more information about the Katie Beckett program on TennCare's website and DIDD's website.

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

• 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 46^th 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 26^th birthday, leaving out millions - including veterans - who would qualify under this new bill. 

General quality of life issues:

• Credit for Caring Act 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.

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.
  • Read about Tennessee's shortage areas on the Dept. of Health website.
• 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.
  • Watch a recent hearing
• 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

• New! Empowering Beneficiaries, Ensuring Access and Strengthening Accountability Act  (H.R. 3253) was introduced and quickly passed by the House last week.  This bill funds the Money Follows the Person (MFP) program through the Fiscal Year 2023. MFP helps support people who are receiving long-term services and supports to move from institutions into the community. Centers for Independent Living play a critical role in most states, including Tennessee. Read about Tennessee's MFP program here.
• Disability Integration Act (DIA) of 2019 (S.117) to increase access to community based long term services for individuals with disabilities by making those services mandatory and institutional services optional, reversing the "institutional bias" that has existed historically. Today, institutional services are mandatory for people who qualify, while community-based services are optional for states to cover.
• 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