Policy Corner: June 23, 2023
Categories: Policy Corner Archives
Senate Committees Host Panel Discussion on the 24th Anniversary of the “Olmstead” Decision
The Senate Special Committee on Aging and the Senate Committee on Health, Education, Labor, and Pensions (HELP) co- hosted a panel discussion this week to mark the 24th anniversary of the U.S. Supreme Court’s decision in Olmstead v. L.C. The decision recognized the rights of individuals with disabilities to live in the most integrated setting appropriate to their needs in lieu of institutional care. This decision was made in keeping with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act protections. There have been similar lawsuits since then brought by brain injury associations and families that have resulted in home and community-based services for individuals with brain injury largely funded by Medicaid waiver programs in lieu of nursing home or other institutional care. Since 1999, Congress and the federal government have provided financial incentives to states to rebalance their service delivery in order to provide home and community options for people with disabilities.
Senate Appropriations Committee Marks Up FY 2024 Spending Bills
Yesterday, the Senate Appropriations Committee, chaired by Senator Patty Murray (D-Wash.), met for its first full committee markup this Congress, and approved the fiscal year (FY) 2024 Military Construction and Veterans Affairs (VA) and Agriculture, Rural Development, and Food and Drug Administration (FDA) appropriations bills, as well as released subcommittee allocations for each of the twelve subcommittees funding federal agencies. The committee is working off toplines for spending that were agreed to in the debt ceiling legislation. Senator Murray also announced that on July 13, the full Committee will reconvene to markup the fiscal year 2024 Legislative Branch; Commerce, Justice, Science, and Related Agencies; and Financial Services and General Government Appropriations bills.
The spending bill for Veterans Affairs fully funds veterans’ medical care and benefits and fully funding VA programs, including:
- A $2.3 billion increase in funding for mental health care for veterans.
- $557 million more to strengthen VA’s caregiver program and reach more families, $439 million more to support women veterans’ health care, and $23 million to expand the Child Care Pilot Program to eliminate barriers for veterans in need of child care while attending medical appointments.
- Increased investments in VA facilities to deliver better care for veterans across the country.
- Investing $938 million in VA Medical and Prosthetic Research to advance efforts related to Traumatic Brain Injury, PFAS exposure, and more.
HUD Seeks Public Comment on Section 504 Housing Rules for People with Disabilities
Last spring, the U.S. Department of Housing and Urban Development (HUD) issued an advanced notice of proposed rulemaking (ANPRM) seeking the public’s input regarding regulations for Section 504 of the Rehabilitation Act of 1973 for federally assisted and HUD conducted programs and activities. Section 504 prohibits discrimination based on disability in all programs and activities receiving federal financial assistance and in programs and activities conducted by executive agencies. HUD is seeking to update Section 504 regulations, which have not been significantly updated since originally published in 1988; in recognition that significant advances in building practices and assistive technologies have been made since then. Additionally, since 1988, the percentage of the U.S. population with disabilities has continued to increase and diversify and, during this time, a larger share of the population has increased in age.
Specific questions HUD is seeking input for are posed in the Federal Register. HUD is anticipating revising the definition of “individuals with disabilities” consistent with the Americans with Disabilities Act Amendments Act (ADA) of 2008 and U.S. Department of Justice’s (DOJ) Tittle II ADA regulations. HUD is interested in to what extent are individuals with disabilities are at serious risk of entering institutional settings or being unable to transition from institutional or group home settings, including skilled nursing facilities, correctional institutions and inpatient rehabilitation for substance misuse settings, because they are unable to find affordable, accessible, and integrated housing opportunities in community-based settings. Among the questions, the department is interested in learning if there are specific examples of discrimination that individuals with intellectual, cognitive, or developmental disabilities have experienced, or other challenges faced by such individuals, in securing affordable housing that meets the disability-related needs that HUD should consider addressing in its Section 504 regulations.
Comments are due July 24, 2023 and can be submitted electronically Federal eRulemaking Portal at www.regulations.gov.