legislative affairs

2007 Annual Meeting

Tomorrow Is Here Today: The Interrelationship of Research, Education, Service, & Policy

Legislative Affairs

Briefing on AUCD legislative activities

Kim MushenoJoe Caldwell

David Morrissey

2007 Annual Meeting


FY 08 Appropriations

Conference report on L-HHS-ED increases for DD programs:

•UCEDD +$4.4 to $37.6M•DD Councils +$5 to 77.3M•P&A +$3 to $41.7M•PNS +$3 to $14.4M•New F.S. Clearinghouse +$2M

2007 Annual Meeting


L-HHS-ED conference

•LEND +$6 M to expand existing and add new programs•MCH +10 M net increase to $683M•NCBDDD +6.6 M to $131M•NICHD +31.7 M to $1,286B•Lifespan Respite $2 M for new law

2007 Annual Meeting


DD Act

•Scheduled to be reauthorized, likely in Spring•AUCD Recommendations•Senate Health, Education, Labor, Pensions Committee•House Energy and Commerce•Some Parent & Union opposition•Need to educate Congress

2007 Annual Meeting


DD Act Recommendations

•Expand to include life-long disabilities•Double authorization for appropriations for UCEDD•Add support for parents with disabilities•Family Support – option for systems change or demonstrations•Continue and expand Title III•Support SABE recommendations for Self-Advocacy

2007 Annual Meeting


Anti-Class Action bill

•Rep. Frank bill (H.R. 3995) limits use of class action law suits to protect people in institutions•co-sponsors Capuano (D-MA), Lynch (D-MA), Moran (D-VA), and Shea-Porter (D-NH)•Need help educating Representatives

2007 Annual Meeting


SCHIP Reauthorization

2007 Annual Meeting


House and Senate bills passed in August

Senate (S. 1893) House (CHAMP Act) (H.R.3162)

$35 billion new funding 6.1 million new children $0.61 cigarette tax Up to 300% of FPL

$47 billion new funding 7.5 million new children $0.45 cigarette tax and cuts in

Medicare Advantage (managed care plans) No upper limit Additional Medicare and

Medicaid provisions o moratorium Medicaid

Rehab and School-Based services regulations

2007 Annual Meeting


SCHIP Reauthorization•Compromise bill (H.R. 3963) closer to Senate version

• Vetoed by President Bush early October• Fell about 12 votes short in the House of the required

2/3 majority to override veto•House & Senate passed revised version on October 25

• Still about 12 votes short in House• Democratic leadership and House Republicans still

negotiating•May pass CR and extend debate into next year

• In additional money is not provide states will not have enough money to cover current kids

• Moratorium on Medicaid Rehabilitation and School-Based Services (until January 2010)

• Politics of larger healthcare debate and election year

2007 Annual Meeting


New Dental Bills in the Works• Children’s Dental Health Improvement Act

– Makes pediatric dental mandatory under SCHIP– Grants for community dental services and oral health

promotion, specifically mentioning services to children with Developmental Disabilities

• Essential Oral Health Care Act– Increases federal match (FMAP) to states for dental

services for children on SCHIP and Medicaid– Tax credits to dentists for service to low-income patients– Funding of Community Dental Health Coordinator training

and programming

• SCHIP Reauthorization– $200 Million for grants to states to improve dental care

access through reimbursement rates and approved services expansions.

– At this time, this provision is uncertain, along with the rest of SCHIP

2007 Annual Meeting


CLASS ActCommunity Living Assistance Services and Supports (CLASS) Act (S.1758/H.R.3001)

• Establishes national long-term care insurance program

• Voluntary payroll deductions

• Would provide a flexible cash benefit • Individuals would not have to become impoverished

to receive services and supports• allow hiring of family caregivers

• Hearing held on July, 10 2007

• AUCD working in coalition to gain lead Republican co-sponsors and bi-partisan support

2007 Annual Meeting


Community Choice Act(S.799/H.R. 1621)

– Senators Harkins (D-IA) and Specter (R-PA)– Reps. Davis (D-IL) and Shimkus (R-IL)– Correct the Medicaid “institutional bias” and provide

equal access to community-based services and supports

– 19 Senate and 41 House co-sponsors – Finance Committee hearing held in September

• New study by RRTC on Personal Assistance Services re-estimated costs at $1.4–3.7 billion compared with $10-20 billion estimate by CBO

• Chairman Baucus (D-MT) agreed to ask for new CBO score

2007 Annual Meeting


National Family Caregiver Support Program

Provides money to states to provide a range of family support activities (including respite)

• Authorized at $187 million ($156.1 million FY07) • Includes:

• Caregivers older individuals (55 over)• Caregivers of individuals with Alzheimer’s• Grandparent caregivers• Does not include aging caregivers of adults with

disabilities (18-55) • Report language in Labor-HHS-ED Appropriations

• Mary Beth Bruder (CT UCEDD) • Tamar Heller (IL UCEDD)

• Working with Senator Mikulski (D-MD) on fix

2007 Annual Meeting


Lifespan Respite Care ActLifespan Respite Care Act (P.L. 109-442)

• December 2006

• Grants to states:to develop statewiderespite programsthat serve all agesand disabilities

• Authorizes $40 million for FY08

• Currently $2 million in Labor-HHS-ED Appropriations

2007 Annual Meeting


Autism Spectrum Disorder•Prevalence increasing at epidemic proportions: 1 in every 150

•As a society, we are not yet prepared to help people with autism live with equality, dignity and independence

•Too few in the medical community have the knowledge to diagnosis autism at the earliest age

•Too few schools have the personnel who can effectively educate students with disabilities

•Too few employers are prepared to hire and support workers with autism

2007 Annual Meeting


Expanding the Promise to Individuals with Autism Act

SENATE•Sens. Hillary Clinton (D-NY) and Wayne Allard (R-CO) introduced S. 937 •11 co-sponsors (3R, 1 I, 7D)

HOUSE•Reps. Mike Doyle (D-PA) and Chris Smith (R-NJ) introduced identical companion bill (H.R. 1881)•65 co-sponsors (17R, 50D)

2007 Annual Meeting


Expanding the Promise Act

•Authorizes funding for demonstration and planning projects to expand services and supports for children and adults•Grants to expand access to post-diagnosis care and to reduce delays in getting services•GAO report on improving financing structure •Interdisciplinary training of professionals who diagnose and treat individuals (UCEDDs)•Other provisions to improve access to services for individuals with ASD and their families

2007 Annual Meeting


Expanding the Promise - UCEDDs

•Authorizes $13.4 million in FY 08 to award supplemental grants to UCEDDs

– $200,000 for each of the 67 Centers to provide training, TA, dissemination, and services, and address the unmet needs of individuals with autism

•Authorizes $5 million to establish up to 4 new UCEDDs with a primary focus on providing interdisciplinary training and services for individuals with autism and related developmental disabilities.

2007 Annual Meeting


Combating Autism ActPresident signed PL 109-416 last yearAuthorizes $168 million in FY08, $25 million more than FY07•114.5 for NIH research into causes, diagnosis, early detection, intervention, and treatment •$16.5 million for the CDC’s Disabilities Surveillance and Research Program •$37 million to HRSA to increase awareness, reduce barriers to screening and diagnosis, promote evidence-based interventions for individuals with autism, and train professionals to utilize valid and reliable screening tools to diagnose autism and provide evidence-based interventions

2007 Annual Meeting


Combating Autism Actand LEND

•Authorizes Secretary of HHS to expand existing or develop new interdisciplinary Leadership Education in Neurodevelopmental Disabilities (LEND) programs

•To provide each of the existing 35 LENDs additional funding to train developmental pediatricians, clinical psychologists, and other diagnosticians and interventionists in the coming year and begin to develop programs in States that do not have one.

2007 Annual Meeting


Empowering Children with Autism through Education Act

•Rep. Yarmuth (D-KY) introduced H.R. 2609 on June 7•16 co-sponsors •Establishes a task force to identify and disseminate evidence-based educational strategies and promising best practices•Task Force includes members of UCEDDs•TA Clearinghouse•Amendment to reauthorization of NCLB Act

2007 Annual Meeting


Higher Education ActSenate unanimously passed HEA reauthorization bill (S. 1642) on July 24, 2007

– Title VII• Expanded activities of current post-secondary demo

projects for students with disabilities• New demonstrations on postsecondary education

for students with intellectual disabilities– Coordinating Center– Access to Pell grants, work study, and campus-

based financial aid

House Education & Labor Committee– Plan to introduce bill by end of month– AUCD provided input into additional provisions on

postsecondary education

2007 Annual Meeting


No Child Left Behind•Neither House or Senate have yet introduced reauthorization bills

• AUCD provided recommendations through CCD• House Education & Labor Committee released

discussion draft in August• CCD testimony at House hearing in September

•Main issue remains the inclusion of students with disabilities in the NCLB accountability system

• Controversial “2% rule” on modified academic achievement standards (House bill could exclude up to 40% of students with disabilities)

• Serious concerns about discussions of using IEP as accountability measure

•Politically momentum has stalled this year and heading into election year next year

2007 Annual Meeting


Rehabilitation Act Reauthorization

• Workforce Investment Act Reauthorization

– Includes the Rehabilitation Act of 1973,but is currently stalled in House and Senate

• Rehabilitation Act

– Could move separately– Senate HELP Committee drafting new bill– Strong participation from advocates, CCD– Includes amendments to strengthen youth

transition and supported employment services

2007 Annual Meeting


ADA Restoration Act• After 17th Years of the ADA

• Restores the original intent of the ADA– amends the definition of “disability” – prevents courts from considering “mitigating

measures” when deciding whether an individual qualifies for protection under the law

– keeps focus in employment cases on the reason for the adverse action

• 236 bipartisan co-sponsors in House • Must be considered by four House committees and two

Senate committees • House Judiciary Committee held one hearing on the issue

and may markup in mid-November• House Education Committee possibly to hold a hearing in

the beginning of the year and to begin pushing for Senate cosponsors

• Senate HELP Committee hearing on November 15

2007 Annual Meeting


Crime Victims with Disabilities• Matthew Shepherd Local Law Enforcement Hate Crimes

Prevention Act – Adds disability to list of protected classes under the federal

hate crimes statute– Provides additional funds to states to prosecute hate

crimes – Senate passed in September as amendment to the

Department of Defense authorization bill– House passed Defense bill without provision– Conference bill? Veto?

• Crimes Victims with Disabilities Awareness Act– Title IX of the Crime Control and Prevention Act (S. 2237). – To increase awareness, investigation, prosecution, and

prevention of crimes against individuals with a disability, including developmental disabilities, and improve services to those who are victimized

– AUCD, with help of SIG, provided significant input– Research grant program to collect data for DOJ National

Crime Victims survey – UCEDDs specifically named

2007 Annual Meeting


Action Center

2007 Annual Meeting


Action Center Activity

Total Number Messages Sent in 2007: 652

Top 5 Alerts of 2007

Rank Title # Messages # Activists1. Labor, HHS, Education

Funding 111 messages 55 activists

2. Convention on the Rights of Personswith Disabilities 93 messages 23 activists

3. Funding for Lifespan Respite Care Act 66 messages 18 activists

4. Community Choice Act 48 messages 16 activists

5. UCEDD and LEND FY08 Appropriations 42 messages 33 activists

2007 Annual Meeting


Action Center Activity

Top 5 States Sending Alerts in 2007

RankTitle # Messages # Activists

1. New Jersey 65 messages 16 activists2. Colorado 63 messages 3

activists3. New York 53 messages 20

activists4. Pennsylvania 35 messages 13 activists5. TIE:

North Carolina 34 messages 12 activistsTennessee 34 messages 15 activists

2007 Annual Meeting


Resources

Check out AUCD’s Action Center for– Action alerts and sample letters– Contact info on congressional

delegation– Co-sponsorship status of elected

officials– Read full text of legislation of interest

Read In Brief for legislative updates: http://www.aucd.org/template/page.cfm?id=164

legislative affairs

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