Policy Corner: May 19, 2023
Categories: Policy Corner Archives
Lawmakers Introduce Bills Addressing Law Enforcement and People with Disabilities
This week, legislation was introduced in the House of Representatives and the Senate to provide grants to enable nonprofit disability organizations to develop training programs that support safe interactions between law enforcement officers and individuals with disabilities and older individuals. Rep. Susan Wild (D-Pa.) and Sean Casten (D-Ill.) introduced 3550 and Senator Bob Casey, Jr. (D-Pa.) introduced S. 1731, referred to as the Safe Interactions Act, to authorize funding for training both new and veteran officers that would include people with disabilities in the training as instructors. It would also establish an advisory council, chaired by a person with a disability, to oversee the training program development and implementation.
Senator Casey also introduced other legislation to address the high incidence of violence involving law enforcement and people with disabilities: the Human Services Emergency Logistics Program (HELP) Act and the Data on Interactions and Accountability for Law Enforcement with Individuals with Disabilities (DIALED) Act. The HELP Act would divert non-criminal, non-fire, and non-medical emergency calls from 9-1-1 systems to state and regional 2-1-1 and 9-8-8 systems, while providing resources and funding to improve those systems in order to assist individuals with disability and mental health needs. DIALED would improve transparency by developing data collection to get an accurate representation of how people with disabilities are affected by interactions with law enforcement, including use-of-force and fatal interactions.
Senate Committee Releases Report on Lack of Nursing Home Oversight
Yesterday, U.S. Senate Special Committee on Aging Chairman Bob Casey (D-Pa.) unveiled a new report, “Uninspected and Neglected,” detailing the findings of a year-long investigation of state agencies’ capacity to survey health and safety standards of the Nation’s 15,000 nursing homes during a hearing held by the Aging Committee. Witnesses testified during the hearing that underfunding for state survey agencies has led to significant staffing shortages and inadequate oversight. States cited high turnover rates and inexperienced workforce as contributing factors to the lack of oversight. Survey agencies are unable to compete with competitive wages from hospitals, nursing homes, and the private sector, according to the report and the witnesses who testified.
States designate survey agencies to provide regulatory oversight and inspections of nursing homes that receive Medicare and/or Medicaid payment to ensure that the facilities meet Federal standards for medical care, adequate staffing, emergency preparedness, and safeguarding residents from abuse and neglect. Nursing homes generally serve two types of beneficiaries — short-term and long-term — in a residential medical setting. Short-term beneficiaries are typically post-acute patients who receive rehabilitative services that are covered by Part A of the Medicare program or private insurance. Long-term care beneficiaries are often older adults or people with disabilities who require daily skilled nursing care that is covered by Medicare, Medicaid, private insurance, or out-of-pocket payments.
Chairman Casey’s investigation also found that states are increasingly turning to contractors to fill the gaps and in some instances, these contractors may have possible conflicts of interest by rendering survey services to state or federal government entities while, at the same time, selling or marketing consulting services to health care providers. In 2020, Chairman Casey secured a one-time $100 million funding boost for nursing home oversight in the Coronavirus Aid Relief, and Economic Security (CARES) Act, set to expire September 2023. President Biden has supported increased funding for the survey program, which is supported in the FY 2024 budget proposal.
CMS Announces Coverage for Seat Elevation Devices for Power Wheelchairs
This week, the Centers for Medicare & Medicaid Services (CMS) announced that Medicare will now cover seat elevation devices for power wheelchairs. The Brain Injury Association of America (BIAA) and other disability and aging organizations have long advocated for this coverage. Seat elevation devices are critical to power wheelchair users who use them to perform activities of daily living, such as transferring to and from their wheelchair, preparing food, and dressing. Beneficiaries will be responsible for applicable cost-sharing.
The decision by CMS follows a formal request from the Independence Through Enhancement of Medicare and Medicaid (ITEM) Coalition, of which BIAA is a member. Their request was supported by public input from numerous individuals; aging and disability organizations; and the National Council on Disability, an independent federal agency that advises on disability policy. Advocates also asked CMS to cover standing equipment for certain power wheelchairs. CMS is considering that request separately.
DOL Announces NDEAM Theme and Celebration of Rehab Act of 1973
The U.S. Department of Labor’s Office of Disability Employment Policy (ODEP) has announced the 2023 themes to promote National Disability Employment Awareness Month (NDEAM) during the month of October and the 50th anniversary of the Rehabilitation Act of 1973. The NDEAM theme is “Advancing Access and Equity,” highlighting the contributions of workers with disabilities and promoting inclusive policies and practices. ODEP will also use the theme “Advancing Access and Equity: Then, Now and Next” to honor the Rehabilitation Act’s passage and its role in prohibiting disability-based discrimination in employment by federally funded programs. Organizations can participate in ODEP’s initiatives and learn more about NDEAM and ODEP’s work.
Invite Your Congressional Members to be Member of CBITF!
The Congressional Brain Injury Task Force (CBITF), co-chaired by Reps. Bill Pascrell, Jr. (D-N.J.) and Don Bacon (R-Neb.), conducts valuable work in promoting issues and the needs of individuals with brain injury and their families among Congressional members. As January began a new Congress, members need to be encouraged to join. The Task Force is bi-partisan and is comprised of both members of the U.S. Senate and U.S. House of Representatives. While we often think of March Awareness Day activities as their primary function, their efforts far exceed that by circulating “dear colleague” letters to gather support for funding prevention; research; military and veteran’s care; and state grants for improving service delivery. The Task Force holds briefings throughout the year, often in collaboration with another caucus, to promote education and awareness about issues relating to brain injury. And, members sponsor and co-sponsor critical legislation.
How can you help with recruitment? You can contact your Representative and Senators via their websites(or phone) and submit a request that they join and why it is important to you. Members who would be interested in joining may contact Rep. Pascrell’s office.