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Family Voices Washington Update

Washington, DC Update 9/21/23

Legislative Update

The September 30th deadline for passing a budget is looming, and no agreement is in sight. This memo gives an overview of what HHS programs would be affected by a government shutdown. Those with mandatory funding, such as the F2Fs, would not be affected.


SSI: U.S. Senate Finance Committee Chairman Ron Wyden (D-OR) joined Senators Sherrod Brown (D-OH) and Bill Cassidy (R-LA) to announce the first bipartisan, bicameral push in decades to reform the Supplemental Security Income (SSI) program, which has not been updated in nearly 40 years and currently punishes older and disabled Americans for saving for emergencies and their futures. The senators’ bipartisan SSI Savings Penalty Elimination Act would update SSI’s asset limits for the first time since the 1980s to ensure disabled and elderly Americans are able to prepare themselves for a financial emergency without putting the benefits they rely on to live at risk. In addition to Wyden, Brown, and Cassidy, U.S. Representatives Brian Higgins (D-NY-26) and Brian Fitzpatrick (R-PA-1) will introduce companion legislation in the House. U.S. Senators Susan Collins (R-ME), Bob Casey (D-PA), and James Lankford (R-OK) are original Senate cosponsors. Read the full press release.


The current SSI program penalizes disabled and elderly Americans for working, saving for the future, and getting married. Right now, individuals receiving SSI benefits are limited to $2,000 in assets; for married couples it’s $3,000. The average current monthly benefit is $585 for individuals. For approximately 60% of recipients, SSI is their only source of income. The Savings Penalty Elimination Act would raise those caps, which have not been changed since 1984, to $10,000 for individuals and $20,000 for married couples, and index them to inflation moving forward. 


Whole Child Health Model: Kickstarting Innovative Demonstrations Supporting (KIDS) Health Act of 2023 (S.1769/H.R. 3805), was reintroduced by Senators Tom Carper (D-DE) & Dan Sullivan (R-AK) and Reps. Lisa Blunt Rochester (D-DE) & Michael Burgess (R-TX) in June 2023. The KIDS Health Act would enhance state efforts to implement Whole Child Health Models centered in primary care that seek to address social drivers of health and optimize the health and development of children served by Medicaid and CHIP. Such models would foster improved alignment, partnerships, and care coordination across the health and social services sectors to keep kids healthy and thriving. Click the links to find bill text for the legislation and a one-pager.

Unwinding of Medicaid Continuous Coverage and the PHE

New AAP State-Based Resources: Unwinding and Coverage Loss Flyers

The AAP has a suite of resources to help members, patients, and families understand and navigate the Medicaid Unwinding. AAP developed practice resources to help AAP members communicate on the Medicaid Unwinding with patients and families, advocacy resources to help AAP chapters prevent children from losing affordable health care coverage, and practice guidance to help pediatric practices through the Unwinding period. It includes state unwinding and coverage loss flyers that can be shared with families for every state.

From the Administration

CDC: Updated COVID-19 Vaccine Guidance

CDC recommends everyone 6 months and older get an updated COVID-19 vaccine to protect against the potentially serious outcomes of COVID-19 illness this fall and winter. Updated COVID-19 vaccines from Pfizer-BioNTech and Moderna will be available later this week. Read the CDC press release.


HHS: Proposed Rule Section 504

On September 7, the HHS Office for Civil Rights published a proposed update to the HHS regulations implementing Section 504 of the Rehabilitation Act of 1973, which prohibits disability discrimination by recipients of federal funding. This is the first comprehensive update to the regulations since they were first put in place more than 40 years ago. The proposed rule strengthens protections for people with disabilities and reflects the input and priorities of the disability community.


For 60 days starting on September 14, HHS will be seeking public comment on the proposed rule. Input from the disability and aging communities is essential! (We will share instructions for submitting comments as soon as the information is available.) 

The proposed update clarifies obligations in several crucial areas that are not explicitly addressed in the current rule and improves consistency with legislative developments since the current regulations were issued. These include:


  • Discrimination in medical treatment: Ensures that medical treatment decisions are not based on biases or stereotypes about people with disabilities, judgments that an individual will be a burden on others, or beliefs that the life of an individual with a disability has less value than the life of a person without a disability. These include, for example, decisions about life-sustaining treatment, organ transplantation, rationing care in emergencies, and other vital medical decisions.


  • Accessibility of medical equipment: Adopts the U.S. Access Board’s accessibility standards for medical equipment to address barriers like exam tables that are inaccessible because they are not height-adjustable, weight scales that cannot accommodate people wheelchairs, and mammogram machines that require an individual to stand to use them. The rule would require most doctor’s offices to have an accessible exam table and weight-scale within two years.


  • Web, mobile app, and kiosk accessibility: Adopts the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA accessibility standards for websites and mobile applications. It also requires self-service kiosks to be accessible. These provisions are particularly important given the increased use of websites, apps, telehealth, video platforms, and self-service kiosks to access health care.


  • Child welfare programs and activities: Clarifies requirements in HHS-funded child welfare programs and activities to help eliminate discriminatory barriers faced by children, parents, caregivers, foster parents, and prospective parents with disabilities, such using the presence of a disability or an individual’s IQ score alone as a reason for removal of a child, prohibiting disabled parents from serving as foster parents, or failing to place disabled children who need services in the most integrated settings appropriate to their needs.


  • Community integration: Clarifies obligations to provide services in the most integrated setting appropriate to a person’s needs, consistent with the Supreme Court’s decision in Olmstead v. L.C. This provision has been central to vindicating the right to community living. 


  • Value assessment methods: To establish whether a particular intervention, such as a medicine or treatment, will be provided and under what circumstances, health care organizations often use a variety of methods to evaluate whether the benefits of the intervention outweigh the costs. These “value assessment methods” are an increasingly significant tool for cost containment and quality improvement efforts, but they may discriminate against people with disabilities when they place a lower value on extending the life of a person with disability. The proposed rule prohibits the discriminatory use of such methods to deny or limit access to aids, benefits, or services.


Since the 504 regulations were originally published, the Rehabilitation Act has been amended and the ADA was passed. Because Congress directed that Section 504 and the ADA be interpreted consistently, the proposed rule also aligns HHS’ 504 regulations with newer ADA regulations. For example, the proposed rule requires recipients of HHS funding to allow the use of trained service animals in most circumstances, and to ensure effective communications by providing, when necessary, accommodations such as qualified interpreters, text telephones, and information in Braille, large print, or electronically for use with a computer screen-reading program. HHS Office of Civil Rights has a Fact Sheet in English and Spanish.


CMS: Roadmap to Better Care

Centers for Medicare and Medicaid Services Office of Minority Health (CMS OMH) released the Coverage to Care – Roadmap to Better Care Animated Video, which is designed to help those you serve make the most of their health care coverage. By watching this video, they can learn how the Roadmap to Better Care guides people through each step of their health care journey, including:


  • Confirming coverage with their health plan;
  • Knowing the difference between primary and emergency care;
  • Finding a primary care provider who takes their coverage;
  • Making and preparing for a successful appointment; and
  • Filling prescriptions and scheduling follow-up visits.


Understanding health coverage doesn’t have to be overwhelming and confusing. Coverage to Care, or C2C, is helping consumers navigate their coverage to access the primary care and preventive services they need to achieve their optimal health.


For more information on how to follow your path to better health, visit go.cms.gov/c2c and review the Roadmap to Better Care. This resource is available in 9 languages: Arabic, Chinese, English, Haitian Creole, Korean, Russian, Spanish, Ukrainian, and Vietnamese. A Tribal Version of the roadmap, with information specific to American Indian/Alaska Native communities, is also available.


To learn more about CMS OMH’s health equity-related initiatives, please visit go.cms.gov/omh.


CMS: Encouraging Families to Catch Up on Well-Child Visits and Recommended Vaccinations

Children who are not protected by vaccines are more likely to get diseases like measles and whooping cough. These diseases are extremely contagious and can be very serious, especially for babies and young children. In recent years, there have been outbreaks of these diseases, especially in communities with low vaccination rates. Campaign partners, the CDC and the American Academy of Pediatrics (AAP), recommend children catch up on routine childhood vaccinations and get back on track for school, childcare, and beyond and to stay healthy. According to the CDC, there was a concerning drop in routine immunizations for children and adolescents over the last few years. While routine vaccination coverage is rebounding, the rates are uneven and have not yet recovered among all groups. The CDC has developed resources to encourage that all school-aged children are up to date on their routine vaccines, have received recommended COVID-19 vaccines, and routine vaccination coverage is equitably distributed.


CMS: Maternal Vaccines: Fighting Respiratory Syncytial Virus Vaccine (RSV) to Protect the Youngest

There are several ways pregnant individuals can protect themselves and their unborn baby from severe illness. In August, the Food and Drug Administration (FDA) approved the first vaccine for use in pregnant individuals to prevent lower respiratory tract disease (LRTD) and severe LRTD caused by respiratory syncytial virus (RSV) in infants from birth through 6 months of age. RSV is a highly contagious respiratory disease, affecting people of all ages, and can cause severe complications like bronchitis and pneumonia. According to the CDC, RSV is the leading cause of infant hospitalization in the U.S. When pregnant individuals get vaccinated against RSV, they are protecting themselves and their unborn baby.

RSV typically circulates at the same time as flu, starting in October and lasting until February. As you prepare to start seasonal outreach in your community about fighting flu, consider including information about fighting RSV and encouraging pregnant individuals to get the new vaccine, which is covered by Medicaid and CHIP.


HHS: Grants to train Medical Students, Residents and Physician Assistant Students

U.S. Department of Health and Human Services (HHS), through the Health Resources and Services Administration (HRSA), announced more than $8 million through 18 awards to train primary care medical students, physician assistant students, and medical residents in providing culturally and linguistically appropriate care for individuals with limited English proficiency and individuals with physical or intellectual and developmental disabilities. HRSA’s mission focuses on improving health care access for historically underserved communities, and today’s investments address critical gaps that can occur in health care training and impede access to care.


2022 survey of more than 700 physicians found that only 41 percent of respondents were ‘very confident’ about their ability to provide the same quality of care to people with disabilities as those without, and only 57 percent strongly agreed that they welcomed people with disabilities into their practices, leading researchers to conclude that improvements in medical education and training are needed to better prepare physicians to care for people with disabilities. Individuals with limited English proficiency disproportionately experience poor health outcomes and often substandard provider experiences, including challenges understanding doctors’ questions and diagnoses and with reading and using prescriptions, referrals, and follow-up directions. A 2021 Kaiser Family Foundation survey found that, among Hispanic adults who completed the survey in Spanish, 35% said it is difficult to find a doctor who explains things in a way they can understand compared with 17% of those who completed the survey in English. Data from HRSA-funded Community Health Centers that provide primary care regardless of an individual's ability to pay, shows that more than 25% of the 30 million health center patients treated annually are best served in a language other than English. The American Association of Medical Colleges  recently highlighted the need for academic medicine to provide more language training to medical students to address patient communication, especially for physicians practicing in areas where much of the population has limited English proficiency HRSA’s investments will support primary care trainees in activities such as language skill development and fluency; and clinical training, care and practice serving populations with limited English proficiency to help build a future workforce with the capacity to improve health outcomes for all.


Awardees will focus on either disability, limited English proficiency, or both. To view the full list of awardees, see https://bhw.hrsa.gov/funding/apply-grant/pcte-lda-fy2023-awards.


ACL: Rehab Act Webinars

ACL will host a webinar series about the past, present, and future of independent living, as we commemorate 50 years since the signing of the Rehab Act, which created both the Independent Living Services and Centers for Independent Living (CIL) programs and the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR).


Part 1: Origins, Evolution, & Current Day

Wednesday, September 27, 3:30 PM ET

Register for Part 1

Key leaders involved in the passage and initial implementation of the Act will share their personal stories and insights. From the advocacy that helped make it happen to the law’s impact on the disability community and greater society, this 90-minute panel will discuss barriers, successes, and lessons to help inform future collaboration and coalition-building. 


Part 2: Our Future — Youth and Young Adult Engagement and Involvement in Disability Advocacy

Thursday, September 28, 4:00 PM ET

Register for Part 2

Envision the future of the independent living movement by understanding the next generation of youth and young leaders and how their voices and experiences are shaping its future. An ACL grantee will share key aspects of efforts to support youth and young adults with disabilities from marginalized communities to be engaged with CILs. The 90-minute event will include young leaders, as well as CIL staff as panel members.

 

PCORI: Nominations for Advisory Panels

The Patient-Centered Outcome Research Institute (PCORI) is currently seeking nominations for appointments to its advisory panels. These multi-stakeholder advisory panels must include patients, caregivers, or patient advocates. PCORI advisory panels do not serve in an official decision-making capacity, but their recommendations and advice will be taken into consideration by PCORI. PIPC encourages patients, caregivers, and patient advocates to apply or to submit nominations to serve on PCORI's five advisory panels on: Clinical Effectiveness and Decision Science, Clinical Trials, Healthcare Delivery & Disparities Research, Patient Engagement, and Rare Disease. The application is open through March 29, 2024. Click here to learn more, to apply to serve on an advisory panel, or submit a nomination.

Other CYSHCN Policy-Related Materials

NHeLP: EPSDT Fact Sheet

The National Health Law Program (NHeLP) has created a Fact Sheet that provides essential information to help advocates become EPSDT experts. After giving an overview to EPSDT, it focuses on: (1) legislative milestones; (2) notable federal agency guidance; and (3) precedent-setting cases from the judiciary. It also provides a snapshot of states’ performance implementing EPSDT, using government reports from the last 20 years and closes by suggesting essential data sources that will allow you to track EPSDT nationally and in your state.


Commonwealth Fund: Differences in Language Access Across State-Based Marketplaces

Language access policies and practices vary significantly across State-based Marketplaces. Fewer than half have marketplace-specific written language access plans. Language data collection is also not standardized across states. Although all SBMs must offer oral interpreting services, the availability of multilingual support is more limited. Substantial variation also exists in the availability and quality of written translations. Standardizing language access requirements at the federal level, while providing additional guidance and resources to increase efficiency in SBM operations, would promote greater consistency across states and likely benefit LEP individuals. Check out this Issue Brief for all of the research and more detailed discussion of these conclusions and recommendations.

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Family Voices is a national organization and grassroots network of families and friends of children and youth with special health care needs and disabilities that promotes partnership with families--including those of cultural, linguistic and geographic diversity--in order to improve healthcare services and policies for children.



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