2007 DISABILITY LEGISLATIVE AGENDA
A Brief Summary
of the 8 (eight) Legislative Issues you need to know
1.
*Increase funding for ILCs by an additional $5
million this year.
2.
Health Care
*Oppose proposals negatively affecting eligibility,
benefits, coverage, and/or access to services for Medicaid beneficiaries. Eliminate the systemic bias that leads to
unwanted placement in nursing homes and other institutions.
*Promote comprehensive long term care reform that
will not reduce coverage or access to services.
*Provide rental/housing subsidies to participants
in the new Nursing Facility Transition and Diversion (NFTD) Medicaid waiver
program.
*Expand coverage under
Bill #: A.3074-A/S.1357 of
2006
*Extend Medicaid wrap-around coverage for people
dually eligible for Medicaid and Medicare who are unable to obtain prescription
drugs due to Medicare Part D regulations.
Bill #: A.12117 of 2006
*Increase access to comprehensive health care
coverage for all New Yorkers with disabilities.
3.
Housing
*Create a housing trust fund for people with
disabilities.
*Incorporate the housing provisions of Section 504
of the Rehabilitation Act into state law.
Bill #: A.7867/S.4933-A of
2006
* Establish standards for “Visitability” in state
law to require all newly constructed single-family houses, townhouses and
ground-floor units of duplexes and triplexes built with public funds to be made
accessible.
4. Civil Rights
*Incorporate Titles II and III of
Bill #s: A.7294/S.5074 of
2006 and A.6328/S.3921 of 2006
*Waive the State’s sovereign immunity to claims
under the
Bill #: A.2159 of 2006
5. Education
*Place the burden of proof on school districts in
due process hearings challenging the IEP or other aspect of a student’s special
education program.
Bill #: A.11965/S.8354 of 2006
6. Election Reform
*Eliminate provisions in
Section 4-104 (1-a) of the NYS Election Law allowing waiver of polling place
accessibility requirements.
7. Transportation
*Require transportation service providers, such as
taxis, limousines and hotel shuttles to purchase a percentage (10% to 20%) of
wheelchair accessible vehicles.
8. Mental Health
*Ban the use of solitary confinement in special
housing units (SHUs) of people with psychiatric
disabilities in state correctional facilities.
Bill #: A.3926/S.2207 of
2006
Budget Priorities
1.
Background:
NYAIL is pleased that ILCs received a minimal
increase of $1 million in state funding last year, after a four-year period of
level or decreased funding. This
increase provided some additional ability for centers to address existing
shortfalls, but funding has not kept pace with the dramatic increase in demand
for services over the same period. This year, ILCs need a $5 million increase
to continue and expand their work providing people of all ages and disabilities
with services that allow them to:
--Develop skills to live independently
--Earn degrees, find jobs, and become
self-sufficient
--Reduce their reliance on state and federal
benefit programs
--Stay out of institutions and participate in
community life.
A critical part of the work of ILCs is assisting
individuals of all ages with disabilities in transitioning from or avoiding
unwanted placement in nursing homes or other institutions. A recently released study of transition and
diversion projects at six ILCs by the New York State Developmental Disabilities
Planning Council demonstrated an average savings of $63,800 per person per year
in Medicaid costs for each person transitioned into the community and $83,000
in projected savings per person per year in Medicaid costs for each person
diverted from nursing facility admission. The total savings to the state for
the 499 people transitioned or diverted during the period 2003-2006 was nearly
$34 million.
ILCs are an essential part of the solution to
successful restructuring of the long term care system, away from costly
institutions to a community-based system of services and supports for people
with disabilities of all ages.
Top Priority:
*Increase funding for ILCs
by an additional $5 million this year.
2.
Health Care
Under the 1999 U.S. Supreme Court Olmstead
decision, people with disabilities are entitled to receive the services and
supports they need to live freely in the community and avoid unwanted placement
in nursing homes and other institutions.
However, the impact of the Olmstead decision has not been fully
realized in
Top Priorities:
*Oppose
proposals negatively affecting eligibility, benefits, coverage, and/or access
to services for Medicaid beneficiaries.
Eliminate the systemic bias that leads to unwanted placement in nursing
homes and other institutions.
Additional cuts or reductions in eligibility for
Medicaid beneficiaries put people with disabilities at increased risk of
unwanted placement in a nursing home and/or poor medical outcomes. As the Legislature considers Medicaid and
long term care reforms, it must make community integration through the
provision of vital and accessible services to people with disabilities of all
ages its top priority.
*Promote
comprehensive long term care reform that will not reduce coverage or access to
services.
*Provide
rental/housing subsidies to participants in the new Nursing Facility Transition
and Diversion (NFTD) Medicaid waiver program.
*Expand
coverage under
Bill #:
A.3074-A/S.1357 of 2006
Many people with disabilities live on marginal
incomes which do not qualify them for Medicaid.
Some are faced with the choice of either buying medication, or paying
the rent or buying food. Those who worked long enough to qualify for Social
Security Disability Insurance (SSDI) are eligible for the Medicare Part D
prescription drug program, but the significant cost sharing associated with
this program will still make it unaffordable for many. EPIC expansion will help people with
disabilities stay healthy and avoid costly and unwanted institutionalization.
*Extend
Medicaid wrap-around coverage for people dually eligible for Medicaid and Medicare
who are unable to obtain prescription drugs due to Medicare Part D regulations.
Bill #:
A.12117 of 2006
A safety net is necessary to fill in the gaps left
by the creation of Medicare Part D for prescription drug coverage. The many problems with Medicare Part D should
not fall on the backs of
*Increase
access to comprehensive health care coverage for all New Yorkers with disabilities.
As
a result of federal Medicaid cuts under the Deficit Reduction Act of 2006, the
Medicare Part D rollout, provider “right sizing efforts” and more, people with
severe disabilities will face a sudden and unprecedented level of erosion in
their health services. Many may be forced to pay more for their care, have
greater difficulty accessing their care, and forego care altogether. State
lawmakers must oppose budget proposals that would cut off or restrict access to
health care. In addition, publicly funded programs should further the community
integration of people with disabilities. People with disabilities cannot remain
stable and participate in community life if they are unable to access
appropriate publicly funded health services.
3.
Housing
Background:
The availability of accessible, affordable and
integrated housing opportunities for people with disabilities is critical to
sustaining fully independent lives in their communities. The Access to Home
program has provided some assistance for home modifications, but more is needed
now for
Top Priority:
*Create a
housing trust fund for people with disabilities.
A housing trust fund would provide people with
disabilities with very low to moderate incomes with grants, loans and other
housing supports and services, including home modifications.
Public
Policy Priorities
1.
Civil Rights
Background:
The Americans with Disabilities Act (ADA) of 1990
and Section 504 of the Rehabilitation Act of 1973 each provide comprehensive
protection for the civil rights of people with disabilities under federal
law. Efforts to weaken the scope of the
Top Priorities:
*Incorporate Titles II and
III of
Bill #s: A.7294/S.5074 of
2006 and A.6328/S.3921 of 2006
*Waive the State’s
sovereign immunity to claims under the
2.
Housing
Background:
According
to a recent study, “Priced Out in 2004,” by the Technical Assistance Collaborative
and the Consortium for Citizens with Disabilities, no person receiving Supplemental
Security Income (SSI) in
Top Priorities:
*Incorporate the housing
provisions of Section 504 of the Rehabilitation Act into state law.
Bill #: A.7867/S.4933-A of
2006
Housing developers often fail to comply with
Section 504’s requirement to set aside a certain percentage of accessible units
for people with disabilities when federal dollars are used for
construction. By including these
requirements in state law, the Department of Housing and Community Renewal
(DHCR) will be fully empowered to enforce these requirements and ensure that
the State is in compliance with federal standards.
* Establish
standards for “Visitability” in state law to require all newly constructed
single-family houses, townhouses and ground-floor units of duplexes and
triplexes built with public funds to be made accessible.
“Visitability” is a movement to change home
construction practices so that
new homes offer a few specific
features that make the home easier for people with a mobility impairment to
live in and visit. The spirit of
“Visitability” is the belief that it is unacceptable that new homes continue to
be built with gross barriers, given the ease of building basic access into the
majority of new homes and the harsh effects major barriers have on people’s
lives, including physically unsafe conditions, social isolation, and unwanted
institutionalization.
4. Education
Top Priority:
*Place the burden of proof
on school districts in due process hearings challenging the IEP or other aspect
of a student’s special education program.
Bill #: A.11965/S.8354 of 2006
The U.S. Supreme Court in 2005 decided in Schaffer
v. Weast that, in the absence of state law to the
contrary, the burden of proof in appeals challenging a special education
student’s Individualized Education Plan (IEP) is with the party seeking
relief. In most cases, the party seeking
relief is the child’s parents, not the school district. Parents typically have fewer legal resources
available to them and less access to information about their child’s education
program than the school district officials.
It had been
5. Election Reform
Background:
With
the passage of the federal Help America Vote Act (HAVA) in 2002, voters with
disabilities in
Top Priority:
*Eliminate provisions in Section 4-104 (1-a) of the
NYS Election Law allowing waiver of polling place accessibility requirements.
6. Transportation
Background:
The
limited availability of accessible transportation services is a major barrier
faced by individuals with disabilities throughout the state, often leading to
unemployment, the inability to access medical care, and isolation from friends,
family, and full community participation.
Top Priority:
*Require
transportation service providers, such as taxis, limousines and hotel shuttles
to purchase a percentage (10% to 20%) of wheelchair accessible vehicles.
7. Mental Health
Background:
We applaud the passage last year in both houses of
a bill to ban the use of solitary confinement in special housing units of
people with psychiatric disabilities. Unfortunately, the bill was vetoed by
Governor
Top Priority:
*Ban the use
of solitary confinement in special housing units (SHUs)
of people with psychiatric disabilities in state correctional facilities.
Bill #:
A.3926/S.2207 of 2006
Psychiatric disabilities may interfere with an
inmate’s ability to conform to prison rules. Inmates who violate prison rules
are frequently segregated for months or even years in disciplinary lockdown,
sometimes known as special housing units (SHUs). Confined for 23 hours a day, these prisoners
face severe social isolation, extreme boredom and idleness and increased risk
of suicide. Placing people with
significant psychiatric disabilities in solitary confinement is inhumane and
wrong and should be banned.