1) What’s Happening in the Nation’s Capital?
NCIL 2010 Congressional Reception a Success!
NCIL Meets with the Administration to Discuss Independent Living Funding
2) National News
Act Now! House to Vote on the Preventing Harmful Restraint and Seclusion in Schools Act This Week
Healthcare Reform Update
Concerns Remain About the New National Commission on Fiscal Responsibility and Reform
3) State News
Supreme Court Lets Third Circuit Nursing Home Ruling Stand: Facilities Fair Game for Civil Rights Suits
4) Announcements and Additional Resources
Save the Date: Conference Call on Drastic Cuts to Section 811 in the President’s Budget, Advocates Urged to Participate
Congressional Leadership Join Justice For All Action Network in Commemorating the ADA and Announcing 20th Anniversary Agenda
NCIL 2010 Congressional Reception a Success!
On Tuesday, February 23rd, NCIL held our 3rd annual Congressional Reception at the U.S. Capitol Visitor’s Center. It was an opportunity for the NCIL Board of Directors and staff to share our 2010 Legislative Priorities with members of Congress, their staff, and NCIL friends and allies. This year’s Congressional Reception featured a new location and format, which allowed us to better communicate the importance, accomplishments, and priorities of our Movement.
The room was organized by the 10 NCIL Regions, so that attendees could meet with their Regional Representatives and discuss the impact of Independent Living in their districts. There was also space for attendees to meet NCIL staff to learn more about NCIL’s efforts and its priorities.
After some informal meet and greet and question and answer time, NCIL President Dan Kessler recognized the large and diverse Board of Directors. Executive Director Kelly Buckland introduced the NCIL staff. NCIL Vice President Lou Ann Kibbee introduced the audience to NCIL’s legislative priorities and provided insight about NCIL’s position in the current healthcare reform process. Attendees then introduced themselves, and everyone in attendance received NCIL’s 2010 Legislative & Advocacy Priorities Guide, 2009 Annual Report, and an overview of the Independent Living Program in America.
NCIL would very much like to thank the NCIL members who encouraged their Representatives to attend, those who took part in the planning and preparation, and everyone in attendance.
NCIL Meets with the Administration to Discuss Independent Living Funding
On Tuesday, February 23rd, the NCIL Board of Directors and staff hosted new RSA Commissioner Lynnae Ruttledge, and Special Assistant to the President for Disability Policy Kareem Dale. Lynnae and Kareem were joined by a team of other White House officials to talk about President Obama’s 2011 Federal Budget proposal.
This was an opportunity for Kareem and Lynnae to provide clarification and explanation of the allocation to the Independent Living Program. This was also a chance for the NCIL Board and staff to ask questions. NCIL will send out an alert this week with updated information about what we know and what questions remain in regard to the President’s budget and the future of the Independent Living Program.
Act Now! House to Vote on the Preventing Harmful Restraint and Seclusion in Schools Act This Week
This week, the House of Representatives will vote on the Preventing Harmful Restraint and Seclusion in Schools Act (HR 4247). Call your Representative this week (Monday and Tuesday are best) and ask them to vote for the bill!
- You can dial the Capitol switchboard at 202-224-3121 (TTY 202-225-1904) and ask for your Representative’s office. You will need to know your Representative’s name.
- When you are connected, ask for the aide who handles education or disability. If you get voicemail, please leave a message. If you cannot reach this aide, tell the person answering the phone that you want the Congressional Representative to vote for the bill.
- Tell them you want your Representative to vote against any amendment that would weaken the bill, including any amendment to exclude private schools from the bill. Be sure to include the bill’s name and number, The Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247), and your city or town, so they know you are a constituent.
- Ask your friends and family to call, too!
HR 4247 is a bill that will stop schools from restraining children, confining them in seclusion rooms, and using aversive interventions to harm them. A Government Accountability Office study found hundreds of cases of alleged abuse and death from restraint and seclusion in public and private schools over the last two decades. Examples included a 7 year old who died after being held face down for hours by school staff; 5 year olds allegedly being tied to chairs with bungee cords and duct tape by their teacher and suffering broken arms and bloody noses; and a 13 year old who hanged himself in a seclusion room after prolonged confinement. The majority of students in the GAO study had disabilities.
HR 4247 will protect all students, whether in private or public school. Many children with disabilities are placed in private schools by school districts and they should not lose vital health and safety protections. Other parents choose to send their children to private school for religious or other reasons; they should not be forced to give up protections from abuse.
Healthcare Reform Update
Last week, all eyes were focused on the Blair House on Pennsylvania Avenue, as President Obama led a healthcare summit that lasted over six hours. The President and Congressional leaders engaged in a free-flowing debate, but no agreements were reached. There was a lot of political posturing, some tampering with the facts, and some minor agreement, but in the end it was clear that the fundamental differences between Republicans and Democrats on how to fix the nation’s broken healthcare system are wide. A bipartisan bill is less likely than ever before. President Obama said that he wants the Republicans in Congress to work seriously with Democrats on reform, but that if they continue to refuse, the majority party will move forward on their own. Watch the video.
Many are speculating on the path Democrats will take to accomplish reform. However, it is highly unlikely that the bill will be scrapped and the process begun anew, as Republicans at the Summit repeatedly demanded. There is simply not enough time on the legislative calendar and far too little agreement among the parties to come up with a comprehensive bill.
Most likely, the House of Representatives will pass the Senate bill and it will be sent to the President’s desk to be signed into law. Then, the two Chambers will work together on a new bill to make improvements to the law. Democrats will attempt to pass this new bill through budget reconciliation. Only provisions that affect the federal budget can be included in a budget reconciliation bill.
Concerns Remain About the New National Commission on Fiscal Responsibility and Reform
Last week, President Obama signed an Executive Order creating a new Fiscal Commission, known as the National Commission on Fiscal Responsibility and Reform. The role of the Fiscal Commission will include making recommendations that put the budget in “primary balance” so that we are paying for all operations of the federal government with minimal deficits by 2015 in order to meaningfully improve the long-term fiscal outlook.
The Commission will be comprised of 18 sitting members of Congress, with 12 members appointed by Senate and House leaders (3 each by both parties in both Chambers). The other 6 members will be appointed by the President, with no more than 4 from the same political party. 14 out of 18 votes will be required to report recommendations to Congress, which must be accomplished by December 1, 2010.
While NCIL supports getting our budget under control, we remain concerned that the recommendations of this new Commission will focus too much on the cost of entitlement programs such as Medicaid, Medicare, and Social Security, resulting in spending cuts to programs that provide a safety net to millions of Americans with Disabilities. We will continue to monitor the development and activities of this Commission to ensure that people who face significant discrimination and barriers to independence and freedom do not bear the brunt of their recommendations.
President Obama named former White House Chief of Staff Erskine Bowles and former Republican Senate Whip Alan Simpson to serve as the Commission’s co-chairs.
The President also appointed:
- Dave Cote, the chief executive of technology firm Honeywell
- Ann Fudge, a former chief executive of Young & Rubicam Brands
- Alice Rivlin, a former official with the Federal Reserve and the Office of Management and Budget
- Andy Stern, the president of the Service Employees International Union
Senate Majority Leader Harry Reid (D-NV) appointed Budget Chairman Kent Conrad of North Dakota, Finance Chairman Max Baucus of Montana and Majority Whip Richard J. Durbin of Illinois to represent Senate Democrats on the Commission. There is no word on when Senate Minority Leader Mitch McConnell (R-KY), House Speaker Nancy Pelosi (D-CA), and House Minority Leader John A. Boehner (R-OH) will move to fill the remaining seats.
Supreme Court Lets Third Circuit Nursing Home Ruling Stand: Facilities Fair Game for Civil Rights Suits
Source: CourierPostOnline.com
A federal appeals court decision in a case involving a skilled nursing facility—a decision once described as “shocking” by the American Health Care Association—has been allowed to stand by the U.S. Supreme Court.
In the case of John J. Kane Regional Centers-Glen Hazel v. Grammer, the U.S. Court of Appeals for the Third Circuit ruled that the Federal Nursing Home Reform Amendments (FNHRA) guarantee a nursing home resident's civil rights. As such, a private civil rights lawsuit can be brought against a facility on behalf of a resident in the event of inadequate care and wrongful death. At the time of the decision, an AHCA legal representative decried the ruling, noting that the FNHRA had never been used to allow such a private right of action since their passage in 1987, reports the Bureau of National Affairs.
On Monday, despite a petition from AHCA, the American Association of Homes and Services for the Aging and at least 14 individual states, the nation's highest court denied a review of the Third Circuit ruling. The decision likely will cause both private and state run nursing homes to rethink patient and consumer rights.
The FNHRA were passed in order to provide more oversight of the quality of care and residents rights standards for nursing homes that participate in Medicare and Medicaid. On March 24, McKnight's Fourth Annual Online Expo will host a Web conference discussing quality and resident satisfaction in nursing homes. To register for free, and become eligible for free continue education credit (CEU) visit www.mcknights.com/marchexpo.
Save the Date: Conference Call on Drastic Cuts to Section 811 in the President’s Budget, Advocates Urged to Participate
Source: CCD
On Wednesday March 10 at 1:00 PM (EST) the Consortium for Citizens with Disabilities (CCD) Housing Task Force in conjunction with the Technical Assistance Collaborative (TAC) will host a very important conference call on HUD Section 811 Supportive Housing for Persons with Disabilities program highlighting drastic cuts to the Section 811 proposed FY 2011 budget and critical Section 811 legislation which must be enacted to reinvigorate the program.
What the Call Will Cover: The HUD FY 2011 Budget proposal eliminates all funding for new permanent supportive housing units financed through the Section 811 program until the new legislation is enacted. We need your help to advocate with Congress to restore these cuts. Currently critical Section 811 legislation is pending in the Senate and has already passed the House with strong bipartisan support. The call will focus on strategies and information you can use to engage your Senator to sign on as a cosponsor to S.1481 and save the Section 811 program.
Please join this call on Wednesday, March 10 at 1:00 PM (EST) to learn how to engage your Senator to cosponsor this important legislation. Conference toll free call in number: 866-266-3378. Pass code: 8224620005#.
Congressional Leadership Join Justice For All Action Network in Commemorating the ADA and Announcing 20th Anniversary Agenda
By Sarah Peterson
Washington, D.C.—At a press event at the Capitol Building on Tuesday, February 23, 2010, Senator Tom Harkin (D-IA), House Majority Leader Steny Hoyer (MD-5) and Representative Cathy McMorris Rodgers (WA-5) joined the leadership of the Justice For All Action Network (JFAAN) in kicking off the celebration of the 20th Anniversary of the Americans with Disabilities Act. The legislators each reflected on the progress of the last 20 years while recognizing the tremendous amount of work we, as a nation, have yet to do in fulfilling the promise of the ADA—equality of opportunity, full participation, independent living, and economic self-sufficiency for all people with disabilities. Toward this end, the JFAAN steering committee announced its legislative agenda for the 2010 Congressional Session in the Spirit of the ADA Campaign.
Tony Coelho, primary author and sponsor of the ADA and chair of AAPD’s board, introduced the event and its speakers. He began by thanking those present and honoring the legislators and the ongoing leadership of the JFAAN steering committee organizations: ADAPT, the American Association of People with Disabilities (AAPD), the American Council of the Blind (ACB), the Autistic Self Advocacy Network (ASAN), the Hearing Loss Association of America (HLAA), Little People of America (LPA), the National Association of the Deaf (NAD), the National Coalition of Mental Health Consumer Survivor Organizations (NCMHCSO), the National Council on Independent Living (NCIL), the National Federation of the Blind (NFB), Not Dead Yet (NDY), Self Advocates Becoming Empowered (SABE), and the United Spinal Association (USA).
Next to speak was Congressman Hoyer who reflected on the original intent of the ADA to open doors for people with disabilities who, up to that point had been shut out: shut out as consumers, as employees, as passengers, as students and as citizens. Recognizing, “we don't mark anniversaries like this to pat ourselves on the back. We mark them to remind ourselves of the work that remains to be done,” he announced that he and Representative McMorris Rodgers were sending letters to all committee chairs and ranking members requesting ADA and ADAAA implementation oversight hearings to evaluate “how are [these laws] working, how well are they working, what are still the challenges that confront us, and what still needs to be done.” He concluded his remarks by honoring the presence of Yoshiko Dart, wife of disability rights giant Justin Dart and renowned advocate in her own right.
Senator Harkin, longtime disability champion in the Senate, followed by recapping the legislative progress over the last 20 years. From the ADA, to the ADAAA and the various iterations of legislation to address the institutional bias of Medicaid, he affirmed his commitment to the work ahead. Recognizing the passage of national health care reform and an end to the institutional bias in Medicaid as two of the 13 agenda items in the Spirit of the ADA Campaign, Senator Harkin reiterated his commitment to those issues and promised to continue to do what he could to secure the inclusion of the Community First Choice Option in health reform. He concluded by congratulating JFAAN for their work so far and thanking them for their message saying, “this Justice For All Action Network picks up on NCIL’s motto: Nothing about us, without us… It’s about people with disabilities saying what ought to be done, and to me that’s the most powerful message of all.”
Congresswoman McMorris Rodgers gave her comments a personal tone by thanking legislators and advocates for guaranteeing her son more rights today than ever before. She voiced a particular interest in addressing education, youth transition post-high school, the institutional bias, un- and under- employment and cultural stereotypes that people with disabilities continue to face despite the tremendous progress made since the passage of the ADA. Many of these priorities are featured in JFAAN’s Spirit of the ADA Campaign. Like Senator Harkin, she concluded by addressing the JFAAN leadership, saying, “I am honored to stand with you today and be a part of [this effort] moving forward.”
Kelly Buckland, Executive Director of the NCIL, proceeded to outline the structure of JFAAN and thank Steering Committee representatives present: Bruce Darling, representing the ADAPT leadership; Andy Imparato, President and CEO of AAPD; Lauren Spiro representing NCMHCSO; Nancy Bloch, CEO of NAD; Ari Ne’eman, Founder and President of ASAN; Lise Hamlin, Director of Public Policy at HLAA; Dan Kessler, President of the NCIL board and the next speaker, Melanie Brunson, Executive Director of ACB. The boards of both NCIL and ACB were highly represented in the audience. Ms. Brunson highlighted several of the 20th Anniversary Agenda items. The Spirit of the ADA Campaign is organized into items that safeguard human rights and respect human dignity, enhance self-determination and make technology work for everyone. She specifically addressed the technological challenges that are concerning the disability community and legislation that address those challenges.
The afternoon concluded as it began, with the wise remarks of Tony Coelho: “We are here today to say to that we are ready to join together again to build on the progress of the past two decades and continue to knock down barriers to the civil rights and human rights of all children and adults with disabilities. Our joint agenda is grounded in the philosophy that disabled people and disabled people’s organizations know best how to realize the vision of the ADA, and that it is by listening to the disability community directly that policy makers will be able to craft laws and policies that will achieve their intended results on that ground.”
To sign your organization on to the Spirit of the ADA Campaign or for more information email jfaan@aapd.com.
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March 1, 2010