DD funding is NOT in Senate plan

Please take action! Funds for Medicaid Home and Community Based Services are essential ... and did NOT make it into the Senate proposal

BACKGROUND:

The U.S. Senate introduced the HEALS Act Monday, and the news for disability advocates is bad:

• No additional funds for home and community based services. These types services make up the essence of DD, or community, supports.
• Civil rights protections, including some under the Americans with Disabilities Act, would be lost

There are small victories. The Senate proposal ensures adults with disabilities who are claimed as dependents have access to stimulus payments; there are some non-profit supports; and it works to fix the Paycheck Protection Program loans. But broadly, the bill ignores the critical needs of people with disabilities, their families, the Direct Support Professional workforce, and service providers.

The Senate proposal has $1 trillion dollars of relief, while the House HEROES Act included $3 trillion in funding, much in the form of relief for states. The House proposal notably included an increase to the Federal Medical Assistance Percentages (FMAP) and new home and community based services funding, also called "HCBS funds."

In the Senate proposal, employees and people with disabilities would lose protections under several labor, employment, and civil rights laws, including:

• Title I of the Americans with Disabilities Act (ADA)
• Title VII of the Civil Rights Act of 1964
• Occupational Safety and Health (OSH) Act
• Fair Labor Standards Act (FLSA)
• Age Discrimination in Employment Act (ADEA)
• Worker Adjustment and Retraining Notification (WARN) Act
• Title II of the Genetic Information Nondiscrimination Act (GINA)
• The Senate proposal also removes liability under the ADA and the Civil Rights Act of 1964 for businesses and employers who cannot offer requested accommodations because doing so will pose serious risk to public health

The Arc's statement: Three Years to the Day Since Senator John McCain’s Thumbs Down: Congress is Still Forgetting #WeAreEssential

The National Disability Rights Network Statement: Senate COVID Bill Protects Profits, Not Lives

New York Times: Here Are the Differences Between the House and Senate Coronavirus Relief Bills

ABOUT "HCBS" and "FMAP":

Home and community based services (HCBS) are alternatives to institutional care. If you or a loved one access services through the state Developmental Disabilities Administration or Aging and Long-Term Supports Administration, chances are they are funded by an HCBS waiver. The Federal Medicaid Assistance Percentages (FMAP), meanwhile, determine matching federal funds for certain state medical and social service programs. If the federal government increases FMAP rates, then the state's investment in Medicaid goes further. Apple Health and long-term supports are funded through Medicaid.

The Arc's policy staff in Washington, D.C., says negotiations are ongoing and a compromise is expected. They were still reviewing the text of the bills Tuesday afternoon and providing updates. The House is set to recess on Friday, July 31, but Speaker Nancy Pelosi has indicated they will stay until a deal is reached. The Senate is set to recess on August 7.

ALERT & TALKING POINTS FROM THE ARC's NATIONAL STAFF:

WE MUST ACT to keep the pressure on the Senate to include the needs of people with disabilities, the direct support workforce, and service providers in the next federal package. Things will move fast, and right now the Senate proposal does NOT address most of the critical needs of people with disabilities!

Your Senators need to hear from you so that these and other important provisions ,are included in the bill that ultimately passes Congress:

• Dedicated funding for Medicaid home and community-based services (HCBS). These funds are necessary to serve people with disabilities in their homes and communities and will provide better wages and support for the direct support workforce. Better wages and support are needed to stabilize and grow the direct support field. Access to HCBS will limit the risk of people with disabilities being put in institutions. Now, especially, people need to avoid congregate care. And all states need robust alternatives to institutions.
  
  
• Personal protective equipment (PPE) for direct support professionals. This is urgently needed to protect the health and safety of this critical workforce. DSPs must be designated as essential workers so that they can get access to the PPE and medical supplies they need.
  
  
• Paid leave for all caregivers. As more people with disabilities lose their usual sources of care, family caregivers are scrambling and need access to paid leave and sick days to help their loved ones. Congress should include all family caregivers in the emergency paid leave provisions.
  
  
• Economic impact payments for all people with disabilities, including adults with disabilities who are claimed as dependents.

You can take action here: https://p2a.co/hy2tD8v

All alert messages can be edited.

If you prefer, you can also email Washington's U.S. Senators directly:

• Senator Maria Cantwell: https://www.cantwell.senate.gov/contact/email
• Senator Patty Murray: https://www.murray.senate.gov/public/index.cfm/contactme

COVID-19: More help needed for the DD community

Late yesterday the Senate passed and the President signed the Families First Coronavirus Response Act.

While this legislation is a good start, it leaves out topics specific to people with disabilities, including the crisis in care for adults with disabilities or seniors whose programs have closed or whose workers are sick.

• Read the response from The Arc

• Your perspective and voice are needed. Please see below for how to contact Congress and for sample talking points

While extra emergency care hours are being granted on a case-by-case basis in Washington, individuals and families report that they can’t use them because they can’t find providers.

As with all things Medicaid, a mix of federal and state decisions are in play. On the state front, the Developmental Disabilities Administration (DDA) is allowing individual providers to exceed 40 hours of work during the COVID-19 crisis. This is not automatic, though, and individuals must FIRST ask their case managers and confirm approval; if they are denied they need to get a reason and take it up further.

On the federal front, here is what is included in the Families First Coronavirus Response Act:

• Increase in federal Medicaid match
• Required coverage of testing by all insurers
• Expanded nutrition and food assistance
• Expanded unemployment insurance
• Limited paid sick and family leave

Here is what is still needed:

• Medicaid changes specific to home- and community-based supports (HCBS) to address the workforce shortage crisis. Pay and service flexibility issues must be addressed.

• Economic stimulus PLUS easing of asset limits. If Congress proceeds with direct payments to low income Americans, extremely low-income people with disabilities could be left out. This is because of strict asset limits. Cash intended to aide low-income people could jeopardize their access to SSI and/or Medicaid. They literally would have “too much” money on hand

• Permanent reauthorization of Money Follows the Person so states can continue transitions away from congregate settings

Proposals for a third relief bill are being drafted now in the U.S. Senate. Your perspective and voice are important and disability advocates are encouraging people to contact their US senators.

• Confused by all these benefit terms and initials? See Initials Translated
• See below for sample messaging and talking points

YOUR PERSPECTIVE AND VOICE ARE NEEDED

 

HOW TO CONTACT CONGRESS: Senators Patty Murray and Maria Cantwell represent all Washington. You also have a US representative, determined by where you live. You can find your representative here

King County is represented by U.S. Representatives Pramila Jayapal, Adam Smith, Suzan DelBene, and Kim Schrier.

CALL: (202) 224-3121. This is the U.S. Capitol Switchboard. An operator will connect you directly with the Senate or House of Representatives office you request.

EMAIL

• Email Senator Patty Murray
• Email Senator Maria Cantwell
• Email Representative Pramila Jayapal
• Email Representative Adam Smith
• Email Representative Suzan DelBene
• Email Representative Kim Schrier

SAMPLE TALKING POINTS:

It is critical that relief for COVID-19 is includes people with developmental disabilities. We need:

• Additional funding to create a Medicaid grant program to support access to home and community-based services and to support the direct service provider workforce.
• A permanent reauthorization of the Money Follows the Person program
• Economic stimulus PLUS easing of asset limits. If Congress doesn’t raise strict asset restrictions extremely low-income people who rely on SSI and Medicaid could lose their benefits. All low-income Americans need this emergency aide.

----SAMPLE EMAIL/person with disability----------------------

Dear Senator/Representative

Thank you for helping people in Washington during this difficult time.

I am a person with a developmental disability. Legislation passed Wednesday night in response to COVID-19 is a welcome start, but more must be done to resolve issues I face.

It is critical that COVID-19 relief includes me and other people with developmental disabilities. We need:

• A Medicaid grant program to ensure access to home and community-based services that I rely on. There aren’t enough direct service providers; this means I can’t access care.
• Permanent re-authorization of the Money Follows the Person program so Washington can continue transitioning people with disabilities out of institutions.
• Economic stimulus PLUS easing asset limits. Congress may send money to low income people to help them through the crisis. But if you don’t ALSO lift the cap on assets restrictions, then extremely low-income people like me could lose our SSI or Medicaid benefits. All low-income Americans need this emergency support.

Sincerely,

-----SAMPLE EMAIL/parent or family member -----------------------

Dear Senator/Representative

Thank you for helping people in Washington during this difficult time. I am a parent of a person with a developmental disability. The Families First Coronavirus Response Act passed Wednesday night in response to COVID-19 is a welcome start, but more must be done to resolve issues my family faces.

It is critical that relief for COVID-19 addresses the needs of people with developmental disabilities (DD) and their families. Here is what we need to get through this crisis:

• A Medicaid grant program to ensure access to home and community-based services that people with DD rely on. There is a workforce crisis; people like my loved one cannot access critical care because there are not enough direct service providers.

• Permanent re-authorization of the Money Follows the Person program so Washington can continue transitions away from congregate settings.

• Economic stimulus PLUS easing of asset limits. The Arc supports an economic stimulus for low income Americans. But if Congress doesn’t ALSO raise strict asset restrictions, then extremely low-income people who rely on SSI and Medicaid could lose critical benefits. All low-income Americans need this emergency assistance.

Sincerely,