|
|
|
Public Policy |
 Printer Friendly |
-
Supports governmental
advocacy at the local, state and national level
-
Dohn Hoyle, Executive
Director for The Arc Michigan, is a registered lobbyist
with the State of Michigan.
-
The Arc Michigan employs
Wiener and Associates as a full service, bipartisan,
governmental affairs law firm located in Lansing,
Michigan.
|
|
|
|
Action Alerts (State
and Federal) |
|
Comments
Sought on Health Care Reform Regulations
The Departments of Health and
Human Services, Labor, and Treasury released several
regulations to implement a new Patients’ Bill of Rights under the
Patient Protection and Affordable Care Act.
The regulations will prohibit discrimination based on pre-existing
conditions for children; ban lifetime limits on coverage, as well as
place restrictions on annual limits; forbid unfair rescissions of
coverage; restrict cost-sharing for emergency services; and put into
place many other patient protections.
Comments are due by August 27,
2010 and the rules go into effect September 23, 2010. You can
either
comment directly to HHS or share your comments and concerns with
Families USA by emailing us at
stateinfo@familiesusa.org.
And, if you have not already commented
on previously released regulations, you still have time! The interim
final rules on dependent coverage and grandfathered plans are still open
for comment until August 11 and August 16, respectively. Information on
all the rules can be
found here. Families USA has compiled our
comments on dependent coverage, and we’ll be posting our
comments on other regulations to our website as we complete them.
top (posted
7/9/10) |
|
US Labor Department
seeks public input to strengthen disability regulations
The U.S. Department of Labor's Office of
Federal Contract Compliance Programs (OFCCP) is seeking input from the
public on ways to strengthen its regulations requiring federal contractors
to take affirmative action to employ and advance in employment qualified
individuals with disabilities. In an Advance Notice of Proposed Rulemaking
to be published in the Federal Register July 23, the agency invites the
public to help revise the regulations implementing Section 503 of the
Rehabilitation Act of 1973.
Topics on which comment is requested
include:
- What employment practices have been
effective in recruiting, hiring, advancing and retaining qualified
individuals with disabilities.
- What data are available that could be
used to establish hiring goals and conduct utilization analyses of
individuals with disabilities.
- How linkage agreements between federal
contractors and organizations that focus on the employment of qualified
individuals with disabilities can be strengthened to increase
effectiveness.
Comments must be received by OFCCP within 60 days of the ANPRM's
publication. To read the ANPRM or submit a comment, go to Federal
eRulemaking Portal at
www.regulations.gov. The deadline for receiving comments is September
21, 2010.
top
|
|
Take Action!
What will happen to Medicaid?
We are all anxious about
Medicaid. Most states start their 2011 fiscal years this
week and they are desperate for funding to keep their
programs running. And Congress has just failed again to pass
an extension of the increase in the federal medical
assistance percentage (FMAP).
Without swift enactment of a
six-month Medicaid FMAP extension, states may be forced to
cut BILLIONS from their programs, including home and
community based services, supported employment, dental care
and even basic health care.
Advocates must make their
voices heard to get the FMAP extension passed very soon.
Please call your Senators'
district office during the Independence Day recess (July
2-12). The phone numbers and sample talking points are
provided when you click on the
Take Action! link and enter your zip code in the "Call
Now" box.
top |
|
Seclusion and Restraint
Representative Deb Kennedy
has introduced legislation based on the report released by
Michigan Protection and Advocacy Service, Inc. (MPAS)
about restraint and seclusion practices in
the State. The MPAS report was released and the
legislation announced at a press conference on
Wednesday, December 2, 2009.
The legislation was introduced as
HB 5639 with 17
co-sponsors. It was referred to the Committee on
Education. The bill seeks to amend section 1312 of "The
revised school code" in PA 451 of 1976 as amended by PA
461 of 2000.
Read about and listen to the Michigan
Radio
news report on
the introduction of restraint and seclusion legislation
by Representative Kennedy.
top
|
Help Pass the ABLE Act in This
Congress!
Contact Your US
Representative to Convene a Hearing and Vote on the ABLE Act Today
The ABLE Act will
give individuals with disabilities and their families the ability to
have a savings account which could fund a variety of essential
expenses for the individual, including medical and dental care,
education, community based supports, employment training, assistive
technology, housing, and transportation. The funds from the account
would accumulate interest tax-free.
Another important
aspect of this bill is that the funds in the Able Account will not
count as assets of the individual with a disability when determining
their eligibility for important and life-sustaining federal benefit
programs such as Social Security and Medicaid.
The legislation is
supported by both parties. Currently, H.R. 1205 has 180
cosponsors, including 19 members of the important House Ways & Means
Committee.
Although Sander Levin is
Acting Chair of the Ways & Means Committee, neither he nor nine
other US Representatives from Michigan are co-sponsors. Those others
are Dave Camp, John Conyers, Jr., John Dingell, Carolyn
Kilpatrick, Candice Millar, Gary Peters, Mike Rogers, Bart Stupak
and Fred Upton. Among the co-sponsors are five US
Representatives from Michigan: Ehlers, Hoekstra, Kildee,
McCotter and Schauer.
Please contact
your US Representatives to urge their support or thank them for
their support. Encourage them to convene a hearing and vote on the
ABLE Act today!
Talking Points
-
Please help
pass Achieving a Better Life Experience Act (ABLE) of 2009
(S 493/HR 1205) by encouraging House leadership to
schedule a vote on the bill this Congress.
-
This is
bi-partisan legislation is being led by the following Members:
Representatives Crenshaw (R-FL), Meek (D-FL), Kennedy (D-RI),
McMorris Rodgers (R-WA), and McDermott (D-WA)
-
The House bill
has 180 cosponsors, including 19 members of the House Ways &
Means Committee.
If your US
Representative or staff member has any questions or is interested in
cosponsoring the bill, contact Dustin Krasny (202-225-2501) in
Representative Ander Crenshaw's office
The Senate
version, S 493, is sponsored by Sen. Robert Casey,
D-Penn. and now has 21 co-sponsors, none from Michigan. It and has
been referred to the Committee on Finance since February 26, 2009.
Michigan’s US Senators are Carl Levin and Debbie Stabenow.
top
|
UPDATE on Bill That Limits
Patients' Rights
The number of
co-sponsors for HR 1255 introduced by US
Representative Barney Frank (D-MA) has grown
from 63 to 71, happily still none from Michigan.
HR 1255 would limit the rights of
agencies who receive federal funds, such as the
state Protection and Advocacy agencies for
persons with developmental disabilities to file
class action lawsuits against institutions.
The bill
would limit the ability of lawyers to
protect individuals with developmental
disabilities who live in large group
settings. Contrary to its intent, the bill
is titled "To protect the interests of each
resident of intermediate care facilities for
the mentally retarded in class action
lawsuits on behalf of such resident."
A great deal of
the progress for the rights of individuals with
disabilities to live independent and productive
lives in the community have been made as a
result of class action lawsuits against states
for the denial of individual rights in
institutions.
You may
wish to contact your US
Representative and thank
him/her for
NOT co-sponsoring
HR 1255. Call the US Capitol switchboard
202-224-3121 and ask for your
Representative's office.
Talking points
are:
-
This
legislation is not needed and would harm
individuals with disabilities.
-
It would harm
the efforts of parents and advocates to work
for community services and supports needed
to live in the community.
-
It would limit
the efforts of lawyers to represent their
constituency.
top
|
|
Doing Advocacy |
|
|
|
Open For Questions Wrap Up
The trial
run of Open for Questions has wrapped up with the
President answering several of the most popular
questions during a special online town hall. Click
here to view the online town hall or read questions
that have been submitted.
www.whitehouse.gov/OpenForQuestions/
top |
|
State Issues/Updates |
|
Governmental Affairs Update
(pdf)
rtf or
doc 12/21/09 |
|
Governor's
Budget Recommendations Solve Deficit, Protect Critical
Priorities
Job-Creation efforts,
schools, health care protected from cuts
August 18, 2010 - Governor
Granholm released her recommendations for addressing
shortfalls in the current (FY 2010) and upcoming (FY
2011) fiscal years.
Among the Governor's
Recommendations:
For FY
2010, education funding shifts and utilization of
additional federal funds totaling $302 million to
address the shortfall remaining in the fiscal year
For FY
2011, a combination of spending cuts and one-time,
non-tax revenues. Spending cuts include undetailed
reductions of $50 million each in the Departments of
Community Health, Corrections, and Human Services; a
3% administrative reduction in all state agencies;
and a restructuring of long-term debt
obligations. New revenues are a tax amnesty program;
reform of the state’s abandoned property laws; and
changes to the liquor regulation and distribution
system. The Governor also proposes that $50 million
in one-time grants through the School Aid Fund be
awarded to encourage school services consolidation
or sharing. Finally, the Governor also proposes a
$100 million deposit into the Budget Stabilization
Fund.
Click
here to read more. Additional information is
available at:
www.michigan.gov/budget
top
|
|
The Arc Michigan Supports
House Bill 6195
Numerous senior and
disability rights groups, including The
Arc Michigan, are urging the Michigan Legislature
to pass House Bill 6195. The bi-partisan bill would
strengthen options for more than 60,000 Michigan seniors
and persons with disabilities who receive care in their
own homes as an alternative to institutionalized care.
The Arc Michigan
supports this important legislation for three main
reasons:
-
It will strengthen
homecare and allow seniors and persons with
disabilities to remain healthy and independent in
their own homes instead of forcing them into
expensive nursing homes.
-
It will strengthen
background checks, rigorous screening and training
to ensure that seniors and persons with disabilities
receive safe, high-quality care.
-
It will save taxpayers
millions of dollars each year by avoiding expensive
nursing home costs.
The Arc Michigan
played a crucial role in creating the Michigan Quality
Community Care Council, a pilot program that oversees a
cutting-edge registry that matches Medicaid recipients
who require assistance with qualified homecare providers
in their area. These providers undergo background checks
and rigorous screening. They also have access to
critical training on
issues such as first aid, CPR, how to lift properly,
nutrition, and working with those who have Alzheimer’s
and dementia.
House Bill 6195 would
transform this successful pilot program into a permanent
program. The Arc
Michigan supports this critical legislation
because it will provide choice for seniors and persons
with disabilities, strengthen background checks and
training for homecare providers, and save taxpayers
money.
To read the bill, visit
www.tiny.cc/MQC3.
top |
|
State House passes
bi-partisan bill to strengthen nursing home alternatives
LANSING — Senior and disability rights groups today
hailed the House passage of legislation that would
strengthen care for seniors and persons with
disabilities who receive daily living assistance in
their own homes. The bill now moves on to the state
Senate.
In a
bi-partisan vote, the House passed House Bill 6195,
co-sponsored by state Rep. Bert Johnson
(D-Highland Park) and state Rep. Tory Rocca
(R-Sterling Heights), which aims to strengthen the
Michigan Quality Community Care Council (MQC3) by
transforming it from a pilot program into a permanent
entity.
The
cornerstone of the legislation is strengthening the
MQC3’s cutting-edge registry program, which conducts
background checks on home care providers and allows
patients to choose a provider who fits their specific
criteria and needs.
“Michigan seniors and persons with disabilities deserve
peace of mind knowing that home care providers in their
area have been screened and trained,” said Mary Ablan,
executive director of the Area Agencies on Aging
Association of Michigan. “Transparency, accountability
and high standards are all concepts that legislators
from both parties can support. I applaud the House for
passing House Bill 6195 in a bi-partisan fashion, and I
urge the Senate to follow suit to ensure these critical
consumer protections can continue.”
In
addition to strengthening the quality of care, House
Bill 6195 will also save taxpayers money. It costs less
than $5,000 in Medicaid funds per year to provide
in-home care to seniors and persons with disabilities,
compared with nearly $52,000 per year for those in
nursing homes, according to a study by the Anderson
Economic Group. That means it costs 10 times as much to
place a loved one in a nursing home as opposed to
allowing them to stay in the comfort of their own home.
“Legislators from both parties understand that
strengthening and making permanent the MQC3 will save
taxpayer dollars at a time when we need to conserve
every dollar we can,” said Dohn Hoyle, executive
director of The Arc Michigan, a statewide disability
rights organization. “Lots of people talk about
government reform and saving taxpayer money — the MQC3
actually does it. On behalf of persons with disabilities
throughout Michigan, I commend our state representatives
for passing House Bill 6195.”
Groups
supporting House Bill 6195 include: the Area Agencies
on Aging Association of Michigan; AARP Michigan;
the Michigan Disability Rights Coalition; The
Arc Michigan; the MS Society of Michigan;
United Cerebral Palsy of Michigan; Disability
Network of Michigan; ADAPT Michigan; PHI
of Michigan; lawmakers from both parties; and many
more.
The
current Senate version,
substitute
SB 731, strips out funding for the
Michigan Quality Community Care Council, restricts the
advisory council to the Home Help program and prohibits
unionization of home help workers.
top |
|
Wiener Associates Year End Legislative Summary |
|
Federal Issues/Updates |
|
Home and
Community Based Services to be Accessible to More
Individuals
The Center for
Medicaid, CHIP and Survey & Certification has
released a
letter to State Medicaid Directors in
our series of guidance on implementation of the
Affordable Care Act of 2010. This letter provides
information about several changes to Section
1915(i) of the Social Security Act as a result of
the passage of the Affordable Care Act. These
changes, which become effective October 1, 2010,
include revised and new options for offering home
and community-based services (HCBS) through the
Medicaid State plan. Among other things, section
1915(i) removes the requirement that individuals
meet an institutional level of care in order to
qualify for HCBS through Medicaid. Section 1915(i)
provides States an opportunity to offer services and
supports before individuals need institutional care,
and also provides a mechanism to provide State plan
HCBS to individuals with mental health and substance
use disorders. In order to promote State utilization
of 1915(i), the Affordable Care Act includes changes
that enable States to target HCBS to particular
groups of people, to make HCBS accessible to more
individuals, and to ensure that individuals receive
high quality care.
|
|
Improving Access to Home and
Community-Based Services
From
Steve Gold's Information Bulletin # 319
(8/2010).
Nearly five
years ago, Congress amended Medicaid by adding Section 1915
(i), intending to increase community-based services instead
of institutional Medicaid services by permitting greater
flexibility than Waivers permit. Unfortunately, only a few
states took advantage of this.
In enacting
the Affordable Care Act in 2010, Congress made a number of
additional changes which are extremely important to the
disability community.
However,
unless your State opts to take advantage of these changes,
they will not happen. These amendments take away many
excuses the States have used in the past.
On August
6, 2010, CMS wrote a "Dear State Medicaid Director"
encouraging States to take advantage of the ACA 2010
amendments. Here are the changes:
1. The ACA
strengthened Section 1915 ( i ) to remove the requirement
that individuals had to meet an institutional level of care
in order to qualify for home and community-based services.
Unlike eligibility for Medicaid Waivers which require a
person meet an institutional level of care, the 2010
amendments permit your state to provide community-based
services for people who are not otherwise eligible for
institutional care. Heh - makes sense to provide services
before a person loses more ADLs.
2. Another
big change is that the Affordable Care Act amended this
Section to permit States to provide community-based services
to persons with chronic mental illnesses and/or substance
use disorders. Services for this population are defined
extremely broadly. This is long overdue and will help
a portion of the disability community that has been
shortchanged too long.
3. States
now have the option to provide thee community-based services
to persons whose incomes are 300% of the SSI income benefit.
4. Benefits
can be targeted either to specific population groups without
violating Medicaid's comparability requirements.
Alternatively, States could target by functional needs. This
permits States to have multiple programs, each targeted at
specific populations, e.g., one for persons with physical
needs and another benefit package targeted at persons
with chronic mental illnesses. It permits your State to
define populations' needs with great precision and
specifics.
5. Services
can be narrowly defined, e.g., personal care or home health
aide, instead of the Waiver package of services. There goes
a big excuse States have used with Waivers, i.e., they had
to provide a broad range of services to everyone on the
Waiver.
6. States
have the option to offer consumers "self-direction." In the
8/6/10 Dear State Medicaid Director letter, it states that
"CMS urges all States to afford participants the opportunity
to direct some or all of their HCBS. Self-direction permits
participants to plan and purchase their HCBS under their
direction and control or through an authorized
representative." Well, how about that?
These
changes become effective October 1, 2010.
You and
your State Medicaid officials have to begin this process
now!
Let's not
let this slip away. There could be great financial savings
if these provisions are used creatively.
Steve Gold,
The Disability Odyssey continues
http://www.stevegoldada.com |
Restraint And Seclusion Bill
Hits Bumpy Road On Path To Senate
From
Disability Scoop
A bill
that would limit restraint and seclusion in the nation’s
schools is on shaky ground amid concerns in the Senate over
a provision barring the practices from being included in a
student’s individualized education plan, or IEP.
The
qualms are largely due to pushback from the American
Association of School Administrators, which opposes the
bill. The group, which represents 13,000 superintendents and
other school leaders, says the IEP is the best place for
parents and school officials to discuss restraint and
seclusion preemptively in cases where students have known
behavior issues.
“We see
it as a discussion to be had in advance with the expectation
that you never have to use it,” says Noelle Ellerson,
assistant director of policy analysis and advocacy for the
organization. “We would hopefully only be using it in
emergency situations, but instead of being reactive you
would be proactive.”
However, disability advocates, who have been pressing for
the legislation, argue that including restraint and
seclusion in an IEP encourages its use.
“To put
it in an IEP elevates it to acceptable practice, which it’s
not,” says Barb Trader, executive director of TASH who’s
taken the lead in advocating for the bill. “If you plan to
rely on these interventions then staff rely on them more and
use goes up.”
Under
the proposed bill, restraint and seclusion could not be
included in a child’s IEP. In addition, the tactics would
only be allowed in situations where there is imminent danger
and when administered by a trained staff member. Mechanical
restraints and any method that restricts a student’s
breathing would also be barred.
(Read all of Disability Scoop’s coverage of restraint and
seclusion >>)
The
current impasse comes with the clock ticking. The
legislation was approved by the House of Representatives in
March, but if it does not receive Senate approval before the
end of this year the process will have to start over again.
Meanwhile,
Sen. Chris Dodd, D-Conn., who is sponsoring the legislation,
is not seeking reelection and will leave the Senate when his
term expires at the end of the session.
top |
|
The Urgent Need for Better
Care
Health reform is law, but the hard work of fixing our health care system is
just beginning. For those with
multiple health problems, our current health care system can be a huge
challenge.
Consider this: 78% of Americans age 55 and older are dealing with at least
one chronic health condition like diabetes, heart disease or arthritis. And
older adults with five or more chronic health conditions have an average of
37 doctor visits, see 14 different doctors, and get 50 separate
prescriptions each year.
If
we can make our health care system work for them, we can make it work for
everyone. Doctors should work together as a team, medical records should be
at our fingertips, and patients and families should not be left to fend for
themselves.
We get it. There is a better way. It's what the Campaign for Better Care is
all about.
Learn more »
(pdf) or
(rtf)
The
Arc of the United States is a member of the Campaign's National Consumer
Coalition. |
Justice Department Cracking Down On ADA
Violators
From
Disability Scoop
Federal officials are adding two more states to their list of
targets in a string of legal actions to ensure community living options for
people with disabilities.
Briefs filed this week
in Illinois and California bring the number of actions to 18 over the last
year alleging that states are failing to provide community living options as
required under the Americans with Disabilities Act.
Specifically, in a
brief filed supporting a lawsuit against Sacramento County, Calif., the
Justice Department says that planned cuts to outpatient mental health
services will put people at risk of institutionalization.
Meanwhile in Illinois,
the Obama administration is supporting efforts to gain class action status
for a group of young adults with severe disabilities who lived in the
community until age 21, but are facing forced institutionalization because
of more limited adult options in the community.
Under the Obama
administration, the Justice Department’s Civil Rights Division has made
enforcement of the Supreme Court’s decision in Olmstead v. L.C. — which
favored the option of living in the community whenever possible — a top
priority. The government has filed suit against Georgia, Arkansas and New
York on such matters. In addition to the briefs filed this week, the
administration has also supported cases in Connecticut, North Carolina,
Florida, New Jersey, Pennsylvania and Virginia.
“Unnecessary institutionalization deprives individuals of the
opportunity to live their lives as they choose,” said Thomas E. Perez,
assistant attorney general for the Civil Rights Division. “The department is
committed to ensuring that community-based services are provided to enable
individuals with disabilities to live fully integrated lives in their
communities.”
The moves come ahead of the 20th anniversary of the ADA on
Monday.
top (posted
7/23/10) |
ACLU Sues Over Medicaid Waiver, Food Stamp
Dispute
From
Disability Scoop
An Indiana man with autism says the state illegally cuts his
Medicaid benefits anytime his food stamp allocation increases. And he’s
probably not alone.
In a lawsuit brought by
the American Civil Liberties Union earlier this month, Michael Dick’s family
alleges that the practice is widespread and seeks class action status for
those affected.
Dick, 26, has autism
and is nonverbal, functioning at the level of a first or second grader, his
family says. He relies on support from Medicaid and food stamps to survive.
But last year, when he received a $1.25 per day cost-of-living increase in
food stamps, Dick’s family says the state Medicaid program docked his
payments by the same amount, leaving Dick no better off financial despite
rising costs.
According to the
lawsuit, federal law prevents food stamps from being considered as income.
The ACLU is asking a judge to prohibit Indiana officials from including food
stamp funds when computing a person’s benefit for the Indiana Developmental
Disabilities Waiver Program.
State officials insist they’re just acting as good stewards
of taxpayer dollars, reports 6News, the Indianapolis ABC affiliate. To read
more click
here.
top |
|
Rule to Expand Medicare
Preventive Services, Access to Primary Care
CMS Issues
Proposed Rule to Expand Medicare Preventive Services and Expand Access
to Primary Care
The new rule proposes to make two significant improvements to preventive
care benefits under Medicare: Beginning January 1, 2011, Medicare will cover
annual wellness visits so that doctors and patients can develop a
personalized prevention plan that takes a comprehensive approach to
improving the patient's health. Also beginning January 1, 2011, Medicare
beneficiaries will no longer have to pay any out-of-pocket costs for most
preventive services - including the annual wellness visit.
top |
Connecting on Issues with the White House
For
example, it has issue areas such as Civil Rights, Disabilities, Health Care,
Seniors and Social Security, and more. Each issue area lists Progress as
well as Guiding Principles. By clicking on 'Contact Us' in the upper right
corner, you can send a message to the White House.
(posted
5/14/10)
top
|
|
The Arc of the United States Public Policy Fact Sheets
Available on Web site
Fourteen fact
sheets on public policy issues from the ABLE Act to the
federal budget, employment, housing and Social Security concerns that were
utilized during the April 12-14, 2010 Disability Policy Seminar in
Washington, DC are available on the Web site of The Arc of the United
States. www.thearc.org/NetCommunity/Page.aspx?pid=1904
top |
|
End 2-year Wait for Medicare Update
S. 700, a US Senate
bill aimed at putting an end to the two-year
waiting period that people with disabilities must
endure before getting help from Medicare
currently has 19 co-sponsors, including US Senator
Debbie Stabenow of Michigan. The bill,
“Ending the Medicare Disability Waiting Period Act
of 2009,” was introduced in the Senate by Senator
Jeff Bingaman (D-NM).
This primarily
benefits people under the age of 65, when most
become eligible for Medicare, who suffer from a
severe and costly disability.
S. 700 was referred to the Finance Committee on
March 25, 2009.
The US House version,
H.R. 1708, was introduced by US Representative Gene
Green (D-TX-29) and now has 103 co-sponsors
including Kildee, Kilpatrick, Levin, and McCotter
from Michigan.
top
|
|
Newsletters |
|
|
|
top |
|
Position Statements
|
|
Special Reports |
|
2008 Arc Michigan Annual Report
(pdf) |
|
top |
|
|
adopted June 2008
(