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Public Policy |
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Supports governmental
advocacy at the local, state and national level
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Dohn Hoyle, Executive
Director for The Arc Michigan, is a registered lobbyist
with the State of Michigan.
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The Arc Michigan employs
Wiener and Associates as a full service, bipartisan,
governmental affairs law firm located in Lansing,
Michigan.
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Action Alerts (State
and Federal) |
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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.
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7/9/10) |
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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.
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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.
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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.
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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
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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.
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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)
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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.
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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:
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This
legislation is not needed and would harm
individuals with disabilities.
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It would harm
the efforts of parents and advocates to work
for community services and supports needed
to live in the community.
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It would limit
the efforts of lawyers to represent their
constituency.
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Doing Advocacy |
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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/
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State Issues/Updates |
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Governmental Affairs Update
(pdf)
rtf or
doc 12/21/09 |
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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:
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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.
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It will strengthen
background checks, rigorous screening and training
to ensure that seniors and persons with disabilities
receive safe, high-quality care.
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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.
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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.
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Wiener Associates Year End Legislative Summary |
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Federal Issues/Updates |
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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.
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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. |
With Federal Approval, States Cut Special
Education Spending
From
Disability Scoop
In what’s believed to
be a first-of-its-kind move, federal education officials recently granted
waivers to at least two states allowing them to scale back special education
funding.
The one-year waivers —
which the Department of Education is permitted to authorize under the
Individuals with Disabilities Education Act in “exceptional or
uncontrollable circumstances” — were granted to Iowa and Kansas. South
Carolina officials are also requesting a waiver.
Special education is
generally considered untouchable even during lean times since states face
penalties for docking such funding from one year to the next. But a waiver
allows states to cut spending without ramifications.
For Iowa, gaining a
waiver means the state will be relieved of about $38 million in obligations.
Most communities are expected to increase property taxes to make up for the
shortfall in education funds.
Advocates say they believe the recent
requests mark the first time the IDEA loophole has ever been utilized
because of strained finances. And they fear it’s the beginning of a trend,
as nearly all states face rough economic situations and ballooning special
education bills, reports Education Week. To read more click
here. |
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)
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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 |
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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.
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Newsletters |
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Position Statements
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Special Reports |
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2008 Arc Michigan Annual Report
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