1) What’s Happening in the Nation’s Capital?
Healthcare Reform Update
2) National News
Preventing Harmful Seclusion and Restraint Passes House: On To the Senate!
Bipartisan Reauthorization of No Child Left Behind Set to Begin
3) State News
Judge Orders New York to Move People with Mental Illness Out of Large, Institutional Housing
Obama Administration Joins Suit against In-Home Care Cuts
4) Announcements and Additional Resources
NCIL Women’s Caucus: Join Us!
NCIL ADRC Survey: Coming Soon to Your Inbox!
NCIL Mini-Grantees Speak on Building Effective Partnerships with the Aging Community
CMS Encourages CIL Representation at ADRC Conference on New "Section Q"
Healthcare Reform Update
Last week, President Obama and the Democrats in Congress made clear that the only option is to move forward with the healthcare reform process that has remained alive despite setbacks and delays for over a year. This message followed a bipartisan summit that exposed the deep divisions between the two parties in Congress.
Democrats strongly believe that starting over is not an option and that the Senate legislation makes significant progress and can be improved through a budget reconciliation bill.
The House will move to pass the Senate bill as is. Then, Leaders in both Chambers will piece together a budget reconciliation bill that will get enough “yes” votes to pass in both Houses. A budget reconciliation bill cannot be filibustered and only needs a simple majority to pass. To produce a bill that can pass by simple majority, each Chamber has been sending specific provisions to the Congressional Budget Office (CBO) for a cost estimate.
The next two weeks will be crucial as Democrats create a bill, seek support in each Chamber, and move toward final passage of reform. Politics is a potential spoiler because some Democrats may oppose the bill because they fell it is not stringent enough on abortion, should contain a public option, or does not control costs. Congressional leaders are working to find ways to appease these factions without losing votes from other factions. NCIL will continue to monitor the situation in Washington and keep members apprised of developments and any action needed. Some of NCIL’s biggest priorities, including the Community First Choice Option, the CLASS Act, and elimination of discrimination based on pre-existing conditions are in the Senate bill. There is no indication that any of these provisions will be removed in the budget reconciliation process.
Read “Q&A: Your Health Care Legislation Questions Answered” from USA Today.
Preventing Harmful Seclusion and Restraint Passes House: On to the Senate!
On March 3, 2010, the House of Representatives passed the bipartisan legislation H.R. 4247, the Keeping All Students Safe Act (formerly known as Preventing Harmful Seclusion and Restraint in Schools Act). The bill passed by a vote of 262 to 153. Representative George Miller (D-CA), sponsor of H.R. 4247, said:
“It’s time to end this nightmare of abuse that has hurt too many students, classmates, families and school communities… This bill simply says that every child, in every school, in every state deserves the same basic level of protections that they currently receive in hospitals.” Read the House Education and Labor Committee's Press Release. NCIL thanks the advocates nationwide who contacted their Respresentatives in support of this effort.
H.R. 4247 has been referred to the Senate Committee on Health, Education, Labor, and Pensions. In order to pass this legislation in the Senate, we need Republican support. NCIL urges you to call your both of your Senators and encourage them to co-sponsor H.R. 4247.
Message for your Senators: “I am calling to urge Senator [Name of Senator] to cosponsor H.R. 4247, legislation preventing the harmful use of restraint and seclusion in schools.”
Bipartisan Reauthorization of No Child Left Behind Set to Begin
Bipartisan leaders of the House of Representatives Education and Labor Committee announced plans to reauthorize the Elementary and Secondary Education Act (ESEA), also known as No Child Left Behind. Representatives George Miller (D-CA), Chairman of the Committee, John Kline (R-MN), senior Republican on the Committee, Dale Kildee (D-MI), the Chairman of the Subcommittee on Elementary and Secondary Education, and Michael Castle (R-DE), senior Republican of that Subcommittee, stated:
“Today, we’re announcing a bipartisan, open and transparent effort to rewrite No Child Left Behind – a law that we all agree is in need of major reform. It will start with a series of hearings in the coming weeks to explore the challenges and opportunities ahead as we work to ensure an excellent education is available to every student in America. With a real commitment to innovation, we invite all stakeholders who share our serious interest in building a world-class education system to email us their suggestions.” Read House Education and Labor Committee’s ESEA Overhaul Press Release.
In addition to a series of ESEA hearings, the Committee is also soliciting feedback from stakeholders who may provide their input and suggestions by emailing eseacomments@mail.house.gov. The deadline for comments is March 26, 2010.
Judge Orders New York to Move People with Mental Illness Out of Large, Institutional Housing
Source: New York Times, by A. G. Sulzberger [Edited to reflect people-first language]
New York State must begin moving thousands of people with mental illness into their own apartments or small homes and out of large, institutional adult homes that keep them segregated from society, a federal judge ordered on [March 1st].
The decision, by Judge Nicholas G. Garaufis of Federal District Court in Brooklyn, followed his ruling in September that the conditions at more than two dozen privately run adult homes in New York City violated the Americans with Disabilities Act by leaving approximately 4,300 residents with mental illness isolated in warehouse-like conditions.
The remedial plan offered by Judge Garaufis, drawn from a proposal presented by advocates for people with mental illness that was backed by the Justice Department, calls on New York to develop at least 1,500 units of so-called supported housing a year for the next three years in New York City. That would give nearly all residents the opportunity to move out of adult homes. Read more.
Obama Administration Joins Suit against In-Home Care Cuts
Source: The Sacramento Bee [Edited to reflect people-first language]
The Obama administration has filed an amicus brief supporting a lawsuit against a state plan to cut or reduce subsidized in-home care to 130,000 seniors and people with disabilities in California. Attorneys with the U.S. Justice Department's civil rights division filed the brief Tuesday in the U.S. Court of Appeal for the Ninth District.
An injunction in a lower federal court stopped the state with going forward with its plan pending the outcome of a suit filed by Disabled Rights California, the National Senior Citizens Law Center and others.
The Schwarzenegger administration appealed, saying officials had a right to reform the In-Home Supportive Services program. The changes were intended to save the state budget $82.1 million this fiscal year by cutting services to certain people based on an index measuring their mental and physical abilities.
Disabled-rights attorneys argued that the index's purpose is to determine what kind of care the disabled require, not whether they could function in their homes without help. Cutting some people off based on scores, they said, would put people's health and safety at risk and could lead to putting them in an institution.
The U.S. Justice Department brief says: "The United States has a direct and substantial interest in this appeal, which involves the proper interpretation and application of Title II of the Americans with Disabilities Act." The act, it says, "prohibits discrimination against individuals with disabilities in the provision of public services." In-home care is financed by federal, state and county dollars with some contributions from individuals who get care.
NCIL Women’s Caucus: Join Us!
NCIL has a new opportunity for the voice of women with disabilities to be heard, and independence needs to be addressed fully. At the 2009 NCIL Annual Conference, a few women got together to discuss the issues that are affecting them as women in the disability community and opportunities for leadership within NCIL. As a result, NCIL has approved a Women’s Caucus as part of the Diversity Committee. Mary Margaret Moore, (Executive Director of Independent Living Center of the North Shore and Cape Ann, Inc. and Region I Representative to the NCIL Board) and Sarah Launderville (Executive Director of the Vermont Center for Independent Living) have stepped forward to co-chair the Caucus.
The first Caucus meeting was held November 6, 2009. The Caucus meets the first Friday of every month at 3:00 PM EST. The Caucus is open to all NCIL members who self identify as women seeking support to erase the barriers to independent living in our lives and our sisters’ lives. If you would like to participate, send an email to the Co-Chairs and you will receive the agenda and teleconference call in number for our meetings. The Caucus is currently creating a vision statement and plan for the group.
We hope you will join us!
NCIL ADRC Survey: Coming Soon to Your Inbox!
The NCIL Aging and Disability Resource Center (ADRC) Taskforce began an effort last year to develop a national survey that would measure the level of collaboration between CILs and aging partners, and how well Aging and Disability Resource Centers (ADRCs) throughout the nation were meeting the Independent Living philosophy of choice and consumer control. Through its development, NCIL has collaborated with the Administration on Aging (AoA), the Lewin Group, the National Association of State Units on Aging (NASUA), and the National Association of Area Agencies on Aging (N4A). This collaborative effort has taken some time, but it has yielded a stronger survey that will provide meaningful results that can then be used for training and technical assistance for ADRCs that are developed or are developing.
NCIL will be sending this electronic survey to every Center for Independent Living and Statewide Independent Living Council in the nation. We ask that if you have satellite or branch offices in your region that work with different aging and ADRC partners, to please share the survey with those locations as well. Please watch your e-mail in-boxes this week or next for the link to the survey. The survey only takes 10-15 minutes to complete. Once we have results from the survey, NCIL will share with the ADRC Taskforce and our membership.
Finally, as NCIL sends this survey to CILs and SILCs, N4A will be sending to the Area Agencies on Aging (AAAs), and NASUA will be sending to the State Units on Aging (SUAs). This will truly be a national survey and we encourage your participation.
If you are interested in joining the NCIL ADRC Taskforce, please e-mail Jason Beloungy at: jason@ncil.org.
NCIL Mini-Grantees Speak on Building Effective Partnerships with the Aging Community
The 2010 Administration on Aging (AoA) / Centers for Medicare and Medicaid Services (CMS) / Veterans Administration Home and Community Based Services (VAHCBS) National Grantee Meeting was held February 22-24 in Alexandria, Virginia at the Westin Hotel. Meeting activities included a breakout session in which NCIL Mini-Grant recipients addressed the topic “Independent Living Cultural Competency and Building Successful Aging and Disability Partnerships.”
A dynamic panel of six Executive Directors of Centers for Independent Living and a consumer who lives in the DC area engaged participants in discussions about the successes and challenges of building successful partnerships and improving cultural competency in Aging and Disability Resource Centers (ADRCs). The session explored questions such as “What is cultural competence?” and “How can I use lessons learned from the ADRC project and the NCIL Mini-Grants to build successful and effective partnerships?”
Panelists described how their CILs became involved with ADRCs, what their experiences were like, and their recommendations for developing effective partnerships with diverse stakeholders. Elizabeth Leef, from the Administration on Aging, moderated the discussion. Panelists included:
- Jill Burke: Executive Director, Granite State Independent Living, New Hampshire
- Jan Derry: Executive Director, Northern West Virginia Center for Independent Living
- Jamey George: Executive Director, The Freedom Center, Maryland
- Eileen Healy: Executive Director, Independence Northwest, Inc., Connecticut
- Melissa Madill: Executive Director, Indianapolis Resource CIL, Inc.
- Richard Simms: Executive Director, District of Columbia Center for Independent Living
- Rick Eldridge: Consumer, DC ADRC
Find out more about this topic at the ADRC Technical Assistance Exchange website.
CMS Encourages CIL Representation at ADRC Conference on New "Section Q"
CMS envisions the new Section Q (see below) creating more referrals for transition and in many cases that will involve working with CILs. Because of this, CMS has asked ADRCs to bring a CIL rep to a conference on this subject April 16, 2010. CMS encourages Centers to follow-up with their local ADRCs to discuss attending the training.
Informing Long Term Care Choice (MDS 3.0 Section Q) Conference April 16 at the Radisson Plaza Lord Baltimore Hotel
- Required Attendance: Money Follows the Person (MFP) Grant Project Director and Aging and Disability Resources Center (ADRC) Grant Project Director (100% federal reimbursement via Grant administrative funding).
- Optional Attendance: A representative of a State Center for Independent Living (CIL), or State Medicaid agency such as manager of the LTC system, LTC system development, the single entry point system or nursing facility transition system. (50% administrative Federal match via ADRC grant funding)
Background on MDS 3.0 Section Q
The new MDS 3.0 Return to Community Referral items are more person-centered, better support the individual’s right to choose where they receive their LTC services and supports, and reinforces states’ efforts to transition individuals out of nursing homes. The new MDS 3.0, Section Q Return to Community items will identify nursing home residents who wish to learn about available community supports and services and the possibility of returning to the community.
When an individual expresses this desire, facilities will be required to contact State Medicaid Agency designated local contact/referral agencies. The local contact/referral agency will talk with the resident and work with the nursing home in developing discharge plans for Medicaid and non-Medicaid residents. These MDS 3.0 items require states to establish mechanisms and processes to accept these referrals from nursing facilities. The expected roles for states are to:
- Designate local contact/referral agencies; and
- When necessary, collaborate to amend the Data Use Agreement (DUA) for the use of MDS data.
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March 8, 2010