05/13/2024
Ban the Use of Electro-Shock Devices on People With Disabilities!
For decades, people with intellectual and developmental disabilities have been tortured by shock devices at the Judge Rotenberg Center. Residents are forced to wear a shock device, and staff members use remote controls to administer a shock for perceived misbehavior. The Judge Rotenberg Center is the only place in the country that uses this barbaric and inhumane practice, despite substantial evidence that the shocks are painful and traumatizing to residents. Submit a comment by May 28 to help ban these devices.
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Major Events
Landmark Anti-Discrimination in Health Care Rule for People With Disabilities Released
The U.S. Department of Health and Human Services has released a new rule updating Section 504 of the Rehabilitation Act . The rule applies to how people with disabilities will be treated in health care settings. For example, people with disabilities will have more access to medical equipment, like examination tables and mammography equipment, which will help save many lives for people with disabilities. This rule is the first update in 50 years and also applies to federally funded child welfare programs, including foster care services.
Major Nondiscrimination Final Rule
On May 6, 2024, the U.S. Department of Health and Human Services released the final Nondiscrimination in Health Programs and Activities Rule . The final rule applies to section 1557 of the Affordable Care Act (ACA), the portion of the law that prohibits discrimination on the basis of race, color, national origin, s*x, age, or disability in certain health programs and activities. Under this rule, covered entities need to have accessible buildings and ensure their web content and apps comply with accessibility standards. The rule also has requirements for access to language, including using qualified interpreters. This rule also protects individuals from discrimination for their s*x characteristics, pregnancy or related conditions, gender identity, s*xual orientation, age, or race.
Senate Passes Bipartisan FAA Reauthorization
On May 9, the Senate passed the Federal Aviation Administration (FAA) Reauthorization. The bill contains provisions to address barriers and longstanding issues experienced by travelers with disabilities, including improving training for employees who assist passengers with wheelchairs and employees who stow the wheelchairs. The bill allows passengers with disabilities to request seating to accommodate disability-related needs, such as being close to a restroom, being seated with a companion or providing more legroom. The bill also creates a pilot program for improving accessibility at airports and requires airlines to improve the accessibility of their websites. The five-year reauthorization will next be considered by the House of Representatives.
House Subcommittee Reviews Bills to Improve Access to Medicaid Home and Community-Based Services
On April 30, the House Energy and Commerce Subcommittee on Health held a hearing, Legislative Proposals to Increase Medicaid Access and Improve Program Integrity. The hearing reviewed a number of bills related to Medicaid, including to:
Allow states to expand access to home and community-based services (HCBS) to individuals requiring less than an institutional level of care currently required under 1915(c) waiver authority (H.R. 8106);
Raise the age limit at which working people with disabilities can buy into the Medicaid program from 65 to 67 allowing more working individuals to receive Medicaid and access HCBS (H.R. 81070);
Provide portability of Medicaid HCBS for dependents of military families (H.R. 8108); and
Make the Money Follows the Person program, which pays for transitions out of institutions, permanent (H.R. 8109).
The Arc submitted a letter to the subcommittee prior to the hearing. The Arc staff continues to review the language of the legislative text for any feedback to the subcommittee prior to a vote.
Announcements
Register for a Briefing About Seclusion and Restraint
Join The Arc and other disability organizations on May 23 at 9:00 am ET to get the latest on federal policy actions to eliminate the use of restraint and seclusion in our nation’s schools. The Arc’s CEO, Katy Neas, will be the moderator of a distinguished panel whose lived experiences with seclusion and restraint will shed light on why Congress must pass the Keeping All Students Safe Act (HR 3470/S.1750 ) to protect all children from trauma and harm and to ensure teachers and educators receive training in evidence-based practices known to keep all children and adults safe. The bill is sponsored by Rep. Don Beyer (D-VA), Ranking Member Bobby Scott (D-VA), Sen. Chris Murphy (D-CT), Chair Patty Murray (D-WA), and Chairman Bernie Sanders (I-VT).
The briefing is sponsored by the Alliance to Prevent Restraint, Aversive Interventions, and Seclusion in Schools (APRAIS) and the Education Task Force of the Consortium for Constituents with Disabilities (CCD).
Please RSVP and register here by May 20.
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