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Policy and Advocacy News
August, 2019
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A Note from the CEO…
As we enter the dog days of summer, your legislators have left Washington, D.C. and Sacramento to spend time in their home districts.
Now is a great time to reach out to your Members of Congress or state Representatives and request a meeting in their district office or at your home or the home of a family member to discuss issues of importance to people with disabilities.
It is easy to be overwhelmed by the myriad of state and federal issues that impact the lives of people with disabilities. But significant change happens one phone call, email or meeting at a time.
Lori Anderson, President and CEO
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Advocacy Resources
Governor Gavin Newsom
Phone: (916) 445-2841
Fax: (916) 558-3160
Twitter Account:
Find Your Representatives
Use the links below to identify your member and let your opinion be heard.
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California Department of Developmental Services Announces HCBS Final Rules Training
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California's Department of Developmental Services (DDS) has announced a series of webinar trainings to provide more information for stakeholders in California to be aware of and participate in the implementation of the Home and Community-Based Services (HCBS) Settings Final Rule.
These two training sessions listed below are the first in a series of trainings and will describe the HCBS Final Rule, whom it applies to, and why it exists. DDS staff will define and provide a greater understanding of HCBS terms, discuss the review process for settings in California, and reinforce the important role stakeholder input plays.
Anyone interested in learning more about the HCBS Final Rule is welcome to register and attend. Each webinar will cover the same material, so there is no need to register for both trainings:
- Wednesday August 14, 2019, from 2:00 p.m. – 4:00 p.m.
- Tuesday August 20, 2019, from 10:00 a.m. – 12:00 p.m.
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State Senator Stone Pushes for Approval of SB 412 to End The Family Cost Participation Program and Annual Family Program Fee
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Senator Jeff Stone from Riverside County is renewing his effort to pass SB 412, legislation which would repeal the Family Cost Participation Program and the Annual Family Program Fee - both essentially a tax on families needing services and supports coordinated by regional centers.
The Family Cost Participation Program requires the Department Developmental Services to develop and establish a Family Cost Participation Schedule, consisting of a sliding scale for families with an annual gross income of not less than 400% of the federal poverty guideline, as specified, to be used to assess the parents’ cost participation for providing respite, daycare, and camping services to their children under 18 years of age who have developmental disabilities and who are not eligible for Medi-Cal.
These programs were enacted during the Great Recession as cost-saving measures that Stone argues are no longer needed and are impediments for many families in receiving services. Senator Stone is asking for letters of support from individuals and organizations throughout California so he can continue to fight for this legislation in the State Capitol.
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U.S. Reps Harder and Fitzpatrick Introduce Bipartisan Legislation to Increase Employment Opportunities for People with Disabilities
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U.S. Representatives Josh Harder (D-CA10) and Brian Fitzpatrick (R-PA01) have introduced the Disability Employment Incentive Act (DEIA) in the 116th Congress to encourage businesses to hire and retain more workers with disabilities, including veterans.
The DEIA would double the maximum value of three existing programs, the Work Opportunity Tax Credit, the Disability Access Expenditures Tax Credit, and the Architectural and Transportation Barrier Tax Credit. These credits incentivize both small and large employers to hire and retain people with disabilities, as well as encouraging them to take steps to make workplaces more accessible.
While a bill number is not available in the House at the time of this writing, this is the companion bill to S. 255 in the Senate, introduced by Senator Bob Casey (D-PA).
To access information on S.255 click here
.
In related news, the U.S. House of Representatives recently passed legislation that would phase out sub-minimum wages by eliminating 14(c) waivers. This provision is contained in the Raise the Wage Act, which would also raise federal minimum wages to $15 per hour by 2025. As such, it is very unlikely to gain traction in the Senate. However, inclusion of the 14(c) phase out is an encouraging indication of movement to do away with sub-minimum wages for people with disabilities.
It is important to note that Congress is considering several pieces of legislation that would similarly end 14(c) waivers. This trend is also spreading to state legislatures like Oregon, which enacted Senate Bill 494 last session to phase out sub-minimum wages by 2023.
New Hampshire passed legislation to eliminate sub-minimum wages in 2015, followed by Maryland in 2016. The Alaska Department of Labor and the Cities of Seattle and Reno recently adopted similar policies and Texas passed a bill requiring state contractors to pay workers with disabilities minimum wages or above. The legislatures of Connecticut, Illinois, Montana, New York and North Carolina have all considered similar measures.
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Congress Approves Extensions of Money Follows the Person and Spousal Impoverishment Protections
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The United States House of Representatives and Senate have passed H.R. 3253 - the Sustaining Excellence in Medicaid Act of 2019. This legislation adds $122.5 million in short-term funding for the Money Follows the Person (MFP) rebalancing demonstration project. MFP rebalancing demonstration grants help fund state efforts to rebalance their Medicaid long-term care systems.
The goals of the MFP program are:
- Increase the use of home and community-based services (HCBS) and reduce reliance on institutional services;
- Eliminate barriers in state law, state Medicaid plans, and state budgets that restrict the use of Medicaid funds to let people get long-term care in the settings of their choice;
- Put procedures in place to provide quality assurance and improvement of HCBS.
MFP has helped more than 88,000 seniors and individuals with disabilities move out of nursing homes and institutions. Independent evaluations have proven that MFP improves the quality of life for individuals and has reduced Medicaid and Medicare expenditures by approximately 23%.
The spousal impoverishment protection allows the spouse of a Medicaid long term services and supports (LTSS) beneficiary to maintain a modest amount of income and resources for food, rent, and medication.
Disability advocates are calling for approval of H.R.1342/S.548, the bipartisan EMPOWER Cares Act, that would provide long- term reauthorization of MFP and the spousal impoverishment programs. Advocates on social media are urged to use the hashtag #FundMFP in your posts supported MFP or call the Capitol switchboard at (202) 224-3121 to urge approval.
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CMS Seeks to Reduce State Reporting on Access to Care by Medicaid Beneficiaries
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The Centers for Medicare and Medicaid Services (CMS) announced their intention to lower states’ requirements for showing their Medicaid fee-for-service payment rates are sufficient to enlist enough providers to offer beneficiaries sufficient access to care and supports.
CMS contends that the proposed rule loosening requirements would save states money by reducing burdensome regulations. They also claim there is less need for this reporting requirement as states increasingly move from a fee-for-service model to managed care funding systems.Advocates worry that elimination of this “early warning sign” of problems in the supply of providers will exacerbate access issues moving forward. States are required by statutes to pay Medicaid rates that attract enough providers so services are at least as available to beneficiaries as they are to the general public.
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