Friday, May 29, 2020

Disability Rights and the ACA

Leading Disability Rights Groups File Amicus Brief Defending the Affordable Care Act in Supreme Court Case


WASHINGTON, DC – The American Association of People with Disabilities, the  Disability Rights Education and Defense Fund, the Judge Bazelon Center for Mental Health Law and 16 other leading disability rights organizations, represented pro bono by law firms Dentons and Baker Hostetler,  filed an amicus brief with the US Supreme Court highlighting the crucial health care protections that Congress provided for people with disabilities in the Affordable Care Act (ACA). The ACA prevented people from being denied coverage or charged more due to pre-existing conditions and made coverage of needed services available and affordable to millions of people with disabilities for the first time. In March, the Supreme Court agreed to hear the case, formerly known as Texas v. US and now known as California v. Texas, which it will hear in the fall.

The case involves a challenge by Texas and other states to the constitutionality of the ACA’s “individual mandate” to have health insurance. Texas argues that the mandate is unconstitutional and that the entire law must be struck down.

The Bazelon Center, the Disability Rights Education and Defense Fund, and the ACLU were also counsel on the amicus brief.

“It would be a dark day for people with disabilities if the Court were to eliminate the ACA,” said Ted Kennedy Jr., chair of the board of the American Association of People with Disabilities.  Maria Town, AAPD’s CEO, added, “For disabled people, the ACA has meant not only the opportunity to get needed healthcare, but also independence and, in many cases, the difference between life and death.”

“Congress clearly intended to provide protections for people with disabilities and would not have intended that the whole law be struck down even if one part of it was found invalid,” said Jennifer Mathis, Director of Policy and Legal Advocacy at the Bazelon Center for Mental Health Law.

“With the ACA, Congress advanced the United States along the long road of ensuring healthcare equality for people with disabilities of all ages,” said Silvia Yee, Senior Staff Attorney for the Disability Rights Education & Defense Fund. “Our brief establishes how striking down the entire law thwarts the intent of Congress, deprives disabled Americans and their families of the health coverage they need to live full, productive and healthy lives in their communities, and hurts the entire nation.”

Contacts:
Bazelon Center for Mental Health Law: Amy Weiss, 202-203-0448amy@weisspublicaffairs.com 

American Association of People with Disabilities: Keri Gray, 202-521-4310, kgray@aapd.com

Disability Rights Education and Defense Fund: Lawrence Carter-Long, 510-644-2555 x. 5256, lcarterlong@dredf.org
 
* * *

Thursday, May 14, 2020

Stimulus Checks and Medicaid

Long-Term Care Residents, 
Medicaid and 
Stimulus Checks
  1. Will stimulus checks affect a resident’s Medicaid eligibility?

    The IRS defines the stimulus checks as tax rebates that will not be counted as income or resources for 12 months from receipt. If funds are unspent after 12 months of receipt, the unspent funds will be counted as a resource. Medicaid is automatically extended for all current Medicaid eligible individuals. Anyone who currently has benefits will not be denied during this period. Medicaid spending rules still apply as these funds will fall in a “look-back period.” KEEP ALL RECEIPTS of EXPENSES, especially for purchases of over $200.
  2. Examples of allowable spending
    • Dental care, sitter care, assistive device not covered (e.g. battery oxygen device)
    • Tablet, phone, TV, WIFI, reading material
    • Clothing, shoes, hygiene supplies, haircuts
    • Minifridge, snacks
    • Burial contract with funeral home (not a burial insurance plan)
    • Personal non-medical outings transport
    • Expenses to move to community (if planned)

  1. Will the stimulus check count as applied income?

    No. As a tax rebate, the individual stimulus check will not be calculated as applied income. A person’s applied income amount will not be changed by the payment.
  2. Medicaid rules for spending:
    • Cannot give cash to friends, family, charity, churches
    • Must spend in 12 months
    • Must spend on an allowable asset or for resident care or quality of life
    • Do not spend on services covered by Medicare and Medicaid

Residents and Families, 

More information about the Stimulus Check can be found:
https://www.irs.gov/newsroom/economic-impact-payments-what-youneed-to-know 
Stimulus checks are expected to start being distributed April 17, 2020. It will be sent the same way as social security checks are currently sent for persons receiving SSA and SSI-D. Action is only required by a resident who does not receive SSA or SSI-D, and who did not file a tax return in 2018 or 2019. They can check the link above for instructions. Full vendor residents who do not receive either SSA or SSI-D can register at this link: https://www.irs.gov/coronavirus/non-filers-enter-payment-info-here 

Make sure all new purchases are 

  1. Marked with the resident’s name. For clothing, mark inside of collar or waistband. 
  2. Put on the resident’s inventory sheet with the facility, in case it is lost. 
  3. Allowable by Medicaid. Have the facility’s business office check with a Medicaid representative BEFORE purchasing. 
  4. Supported with receipts. Give a copy of all receipts to the business office. Any expense over $200 will likely need to be explained to Medicaid when renewing your application.
This information is provided by the Tennessee Ombudsman Program – advocates for long-term care residents. PHONE# 615.253.5412. Website: https://www.tn.gov/aging/our-programs/long-term-care-ombudsman.html 

A picture containing red

Description automatically generated

Disability Integration Act Update

We only need 14 more Senate cosponsors to have a majority of Congress cosponsoring DIA!
Yesterday, Senator Mazie Hirono (HI-D) became the 36th cosponsor of the Disability Integration Act (S.117) in the Senate!  Including Senator Schumer – who is the sponsor of the bill – we have a total of 37 Senators cosponsoring DIA!  To secure a majority of the Senate (51), we only need 14 more Senate cosponsors.

We already have a majority of the House of Representatives cosponsoring DIA, so that means we only need 14 Senate cosponsors to have a majority of the entire Congress cosponsoring the bill that gives people with long term service and support disabilities an enforceable statutory right to live in freedom.

Who do we still need in the Senate?
We are focused on securing Senate Democrats – who should support our civil right to live in freedom and a bill introduced by Senate Minority Leader Schumer (NY-D).  We also need Senate HELP Committee members so we are also targeting Republicans on the HELP Committee. Here is the list:
  • Alaska : Senator Lisa Murkowski (Republican/HELP Committee)
  • Arizona : Senator Kyrsten Sinema (Democrat - the only Democrat from Arizona not cosponsoring DIA)
  • California : Senator Dianne Feinstein (Democrat)
  • Hawaii : Senator Brian Schatz (Democrat and the only member of the Hawaii delegation not cosponsoring DIA)
  • Indiana : Senator Mike Braun (Republican/HELP Committee)
  • Kansas : Senator Pat Roberts (Republican/HELP Committee)
  • Kentucky : Senator Rand Paul (Republican/HELP Committee)
  • Louisiana : Senator Bill Cassidy (Republican/HELP Committee)
  • Maine : Senator Susan M. Collins (Republican/HELP Committee)
  • Nevada : Senator Jacky Rosen (Democrat/HELP Committee - the only Democrat from Nevada not cosponsoring DIA)
  • New Hampshire : Senator Jeanne Shaheen (Democrat and the only member of the New Hampshire delegation not cosponsoring DIA)
  • New Mexico : Senator Martin Heinrich (Democrat)
  • New Mexico : Senator Tom Udall (Democrat)
  • North Carolina : Senator Richard Burr (Republican/HELP Committee)
  • Ohio : Senator Sherrod Brown (Democrat - the only Democrat from Ohio not cosponsoring DIA)
  • Oregon : Senator Ron Wyden (Democrat)
  • South Carolina : Senator Tim Scott (Republican/HELP Committee)
  • Tennessee : Senator Lamar Alexander (Republican/HELP Committee)
  • Utah : Senator Mitt Romney (Republican/HELP Committee)
  • Virginia : Senator Mark R. Warner (Democrat)
  • Virginia : Senator Timothy Kaine (Democrat/HELP Committee)
  • Wyoming : Senator Michael B. Enzi (Republican/HELP Committee)

Of course, EVERY cosponsor helps move us forward!  For more information on current DIA cosponsors, go to: www.c4ci.org

The Impact of the Coronavirus Underscores the Importance of DIA

We have seen the news reports about the coronavirus being in nursing facilities and the deaths that it caused.  As reported in the New York Times, “The mortality rate is shocking,” said Mark Parkinson, president and chief executive of the American Health Care Association. He said the death rate might well exceed the 15 percent that had been reported in China for people aged 80 and older.
https://www.nytimes.com/2020/03/10/us/coronavirus-nursing-homes-washington-seattle.html

The reason this is “news” is because those deaths are part of a bigger news story.  The reality is that illnesses in fact circulate throughout nursing facilities and kill the residents.  When 11 children died in a New Jersey nursing facility, most people didn’t hear about it.
https://www.northjersey.com/story/news/watchdog/2019/02/27/wanaque-center-for-nursing-and-rehabilitation-failures-contributed-adenovirus-deaths/2952837002/

While people are being advised to avoid cruise ships and large groups, people with significant long term service and support disabilities often have no choice but to go into a nursing facility or other institution where they are kept in tight quarters and always at risk.  It isn’t a small number of folks.  Right now, over 2 million people are in nursing facilities and other institutions.  As American life changes in response to the coronavirus, we need to address the fact that disabled and elderly people continue to be forced into institutions where they are at risk.  There is no doubt that if the residents of the Life Care Center in Washington State or the Wanaque nursing facility in New Jersey were able to be supported independently, they would have been at far less risk of dying.

For a number of years, disability rights activists have been framing the fight for the Disability Integration Act as a fight for Life and Liberty.  The outbreak of the coronavirus reminds us that this isn’t just rhetoric.  The freedom of people with disabilities – young and old – is literally a matter of life and death.
 

Tuesday, May 5, 2020

How to wear a face covering

Face Coverings Recommendations from the CDC

A significant portion of individuals with coronavirus lack symptoms (“asymptomatic”) and that even those who eventually develop symptoms (“pre-symptomatic”) can transmit the virus to others before showing symptoms. This means that the virus can spread between people interacting in close proximity—for example, speaking, coughing, or sneezing—even if those people are not exhibiting symptoms. In light of this new evidence, CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies) especially in areas of significant community-based transmission. Cloth face coverings fashioned from household items or made at home from common materials at low cost can be used as an additional, voluntary public health measure.  

Cloth face coverings should not be placed on young children under age 2, anyone who has trouble breathing, or is unconscious, incapacitated or otherwise unable to remove the cloth face covering without assistance. The cloth face coverings recommended are not surgical masks or N-95 respirators. Those are critical supplies that must continue to be reserved for healthcare workers and other medical first responders, as recommended by current CDC guidance. 

How to Wear Cloth Face Coverings  

Cloth face coverings should--

  • fit snugly but comfortably against the side of the face  
  • be secured with ties or ear loops 
  • include multiple layers of fabric  
  • allow for breathing without restriction  
  • be able to be laundered and machine dried without damage or change to shape 

Do I still need to stay at least 6 feet away from people if wearing a cloth face covering? 

Yes. Wearing cloth face coverings is an additional public health measure people should take to reduce the spread of COVID-19. CDC still recommends that you stay at least 6 feet away from other people (social distancing), frequent hand cleaning and other everyday preventive actions. A cloth face covering is not intended to protect the wearer, but it may prevent the spread of virus from the wearer to others. This would be especially important if someone is infected but does not have symptoms. View CDC’s guidance on how to protect yourself
Should cloth face coverings be washed or otherwise cleaned regularly? How regularly? 

Yes. They should be routinely washed depending on the frequency of use. 

How does one safely sterilize/clean a cloth face covering?  

A washing machine should suffice in properly washing a cloth face covering. 

How does one safely remove a used cloth face covering?  

Individuals should be careful not to touch their eyes, nose, and mouth when removing their cloth face covering and wash hands immediately after removing. 
The CDC resources used for this announcement are provided below: 

  • For more information from the CDC on face coverings and how to make your own, https://www.cdc.gov/coronavirus/2019-ncov/downloads/DIY-cloth-face-covering-instructions.pdf 
  • To access Cloth Face Coverings FAQs, https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cloth-face-cover-faq.html  
Additional resources on face coverings:  

Stimulus Guidance for people who have Rep. Payees

STIMULUS CHECKS AND REP PAYEES


How should a representative payee use a beneficiary’s economic impact payment (EIP)? 

Date: May 1, 2020
The EIP belongs to the Social Security or SSI beneficiary. It is not a Social Security or SSI benefit. A representative payee should discuss the EIP with the beneficiary. If the beneficiary wants to use the EIP independently, the representative payee should provide the EIP to the beneficiary. If the beneficiary asks the representative payee for assistance in using the EIP in a specific manner or saving it, the representative payee can provide that assistance outside the role of a representative payee. 

What responsibilities does the representative payee have in managing the beneficiary’s economic impact payment (EIP)?

Date: May 1, 2020
Under the Social Security Act, a representative payee is only responsible for managing Social Security or SSI benefits. An EIP is not such a benefit. A representative payee should discuss the EIP with the beneficiary. If the beneficiary wants to use the EIP independently, the representative payee should provide the EIP to the beneficiary. If the beneficiary asks the representative payee for assistance in using the EIP in a specific manner or saving it, the representative payee can provide that assistance outside the role of a representative payee.

How should representative payees account for the economic impact payment (EIP) when completing the annual Representative Payee Report (i.e., annual accounting form)?

Date: May 1, 2020
Because an EIP is not a Social Security or SSI benefit, representative payees are not required to account for the EIP when they complete their annual accounting form. 

What if a beneficiary alleges a representative payee misused the economic impact payment (EIP)?

Date: May 1, 2020
Because an EIP is not a Social Security or SSI benefit, SSA does not have authority to investigate or determine whether the EIP has been misused. However, if SSA receives an allegation that the EIP was not used on behalf of the beneficiary, SSA may decide to investigate for possible misuse of the beneficiary’s Social Security or SSI benefit payments. SSA may also determine the representative payee is no longer suitable and appoint a new representative payee.

-----------------------------------------
Raymond A Cebula, III, J.D.
President - NABWIS
Program Director
Senior Extension Associate
K. Lisa Yang and Hock E. Tan
Employment and Disability Institute

ILR School, Cornell University
21 Reno Pl
Santa Fe, NM 87508
rac79@cornell.edu
Ph: 617-312-3261
Fax: 978-702-8112

Friday, May 1, 2020

News from MATAplus

MATAPLUS COVID-19 OPERATIONS ADVISORY MAY 1, 2020 


Attention MATAplus Customers: Starting Monday, May 4, the City of Memphis and Shelby County Government will begin executing its Back to Business phased approach to reopening the economy in Shelby County. 

Some public places such as restaurants, retail stores and places of worship may open with limited capacity during this phase. Before booking a reservation, please verify that the location you want to travel to is still open. Please keep in mind that if you book a trip and the entity is at capacity, you may have to wait until your return trip unless MATAplus has availability. 

Your patience and cooperation is appreciated as MATA works to continue to adhere to the local orders that are governing how we are able to provide transportation during the COVID-19 pandemic. 

In addition, since the COVID-19 virus is still active in the community, the MATAplus team encourages you to limit your travel as much as possible and stay home in order to limit the spread of the virus. (The current paratransit two passenger maximum will remain in effect until Phase 3 of the Back to Business plan is implemented.) 

In addition if you decide to travel outside of your home, please wear a mask or face covering as strongly recommended by the Memphis City Council and public health experts. For more information regarding the Back to Business plan, please visit covid19.memphistn.gov.

For more information about COVID-19, visit cdc.gov or shelbytnhealth.com.

Thank you for riding MATA. 

City of Memphis Back-to-Business Plan

Working through the Joint COVID-19 Task Force, Shelby County government, the City of Memphis, and the six suburban municipalities have implemented proactive measures to prevent the spread of COVID-19, the disease caused by the novel coronavirus. These measures have helped mitigate the progression of the disease locally. 

While the community should remain vigilant about adhering to social distancing guidelines and hygiene practices, local governments must also evaluate introducing measures that alleviate some burdens on the economy — while also balancing the need to protect citizens. A phased approach, informed by data and constantly monitored and adjusted, is the most prudent strategy for this. The approach will be informed by indicators (measurements of the status of the pandemic) and conditions (measurements of our capacity to deal with the pandemic), with policies and phasing flowing in response.

About this Framework
A flexible, data-driven approach to implementation of this framework is paramount. Additional phases and appropriate guidelines will be added as needed based on available data and expert recommendations. A dedicated email address and workflow will be established for authorities to consider and evaluate proposals for entities and/or industry groups to use alternative or additional methods of compliance.
Public messaging must be clear about the fluidity of this framework, so as to balance expectations with the requirement of adjusting guidelines based on data.
Shelby County, the City of Memphis, and the six suburban municipalities will enact this Back to Business framework through any applicable orders, including mayoral executive orders, resolutions, and ordinances. It is vitally important that as much as is practicable, the entire region operate under the same set of guidelines.

Shelby County, the City of Memphis, and the six suburban municipalities will vigorously enforce the orders developed from this plan, subject to the authorities granted. Success of the phased approach depends on consistent and timely communication, collaboration, and enforcement, as well as compliance by individual entities and the public.

In this framework, you will find the following items:
1. Indicators and conditions that will drive decision-making
2. Recommendations for each re-opening phase, including universal guidelines for all phases
3. COVID-19 Compliant Protocol
4. A grid (separate document) of sector-specific conditions for each phase

Indicators and conditions
The framework for this phased re-opening is premised on the following indicators and conditions:

Indicators and Conditions




























In addition, the following contextual indicators will be monitored to provide further information for decision-making:

• Trend in COVID-19 deaths
• Hospitalizations of COVID-19 positive patients
• Percentage of ventilators utilized in healthcare system
• Percentage of hospital beds utilized in healthcare system
• COVID-19 Compliant Protocol compliance by entities, monitoring reports from law and code enforcement
• Social distancing compliance by members of the public
• Adequate supplies of PPE, monitoring inventory assessments of healthcare system and Joint Task Force (for first responders)

Using the above metrics, the Back to Business subgroup of the Joint Task Force will meet frequently to review, evaluate potential adjustments, and make recommendations to leadership. This could include reversals of advancements between phases based on negative trends in the data and metrics. Trends that would prompt a reversal do not necessarily have to be 14-day trends.

A dashboard of these metrics will be created for ongoing decision support and public visibility on progress toward phase implementation.

Phase Guidelines

Universal requirements applicable to all phases
All entities must comply with the following universal guidelines, which are applicable to all phases:

• Implementation of COVID-19 Compliant Protocol (CCP) (attached as Appendix A).
• Adherence to social distancing protocol as outlined by the Centers for Disease Control (CDC).
• Adherence to sanitization practices as outlined by the CDC.
• Encourage and facilitate telework and minimize business travel to the greatest extent possible.
• Implementation of policies to ensure employees do not work when ill.
• Adherence to all other applicable CDC and industry “best practice” guidance and regulations.

Phase One
Indicators and conditions to enter this phase:

• New cases: Green
• System capacity: Green or yellow
• Public health capacity: Green on all categories
• Testing: Green or yellow (availability), green (capacity), green (timing)

General recommendations
• Operations remain status quo for entities currently deemed essential, provided they continue to meet the CCP conditions. 
• Entities currently deemed non-essential, which have limited personal contact between staff and/or visitors, may re-open facilities with restrictions and limited occupancy as outlined in the sector-specific framework. This includes restaurants and gyms/fitness facilities.
• Purposeful groups of more than 10 are not permitted.
• Indoor and outdoor facilities and public spaces may open for general recreation and non-contact sports subject to the restrictions of the CCP.
• Non-essential manufacturers/distributors, as well as offices and call centers, may re-open with restrictions and limited occupancy as outlined in the sector-specific framework.
• Elective medical procedures that are deemed medically necessary may resume.

Phase Two
Indicators and conditions to enter this phase

• New cases: Green for a 14-day period after entering Phase One
• System capacity: Green or yellow
• Public health capacity: Green on all categories
• Testing: Green or yellow (availability), green (capacity), green (timing)

General recommendations
• Non-essential businesses with close personal contact, such as hair and nail salons, may re-open with restrictions and limited occupancy as outlined in the sector-specific framework.
• Facilities for contact sports may re-open with restrictions and limited occupancy as outlined in the sector-specific framework.
• Purposeful groups of 50 or more not permitted.

Phase Three
Indicators and conditions to enter this phase

• New cases: Green for a 14-day period after entering Phase Two
• System capacity: Green or yellow
• Public health capacity: Green on all categories
• Testing: Green (availability), green (capacity), green (timing)

General recommendations
• Purposeful groups of 50 or more are not permitted, although gatherings of 50+ may be allowable if supported by the characteristics of the space and a clear social distancing plan.
• Larger venues may be permitted to operate under limited capacity and physical distancing protocols.

Appendix A: COVID-19 Compliant Protocol

All entities will be required to adhere to this protocol, which will be posted in checklist format for entities to print and utilize. The standards may be revised from time to time, based on data and expert recommendations.

Signage
o Post a sign at each public entrance to the facility to inform all employees and customers that they should:
o Avoid entering the facility if they have a cough, fever, or other signs/symptoms of COVID-19
o Maintain a minimum six-foot distance between individuals, or entire household units of up to six persons defined as residing at the same address, and other individuals
o Sneeze or cough into a cloth or tissue or, if unavailable, into one’s arm
o Not shake hands of engage in any unnecessary physical contact
o Post a copy of the COVID-19 Compliant Protocol at each public entrance to the facility.

Measures to protect employee health (where applicable to the facility)
o Everyone who can carry out their work duties from home, as determined by their employer, has been directed to do so.
o All employees have been told not to come to work if they are sick.
o Relevant COVID-19 symptom screenings are being conducted before employees may enter the work space.
o Employers must establish work arrangements so that employees are separated by at least six feet or an impermeable barrier while at their desks or individual work stations.
o Break rooms, restrooms, other common areas, and high-tough surfaces are being disinfected frequently, on the following schedule:

o Break rooms: [Entity must specify]
o Restrooms: [Entity must specify]
o Other: [Entity must specify]
o Disinfectant and related supplies are available to all employees at the following locations: [Entity must specify]
o Hand sanitizer effective against COVID-19 is available to all employees at the following locations: [Entity must specify]
o Soap and water are available to all employees at the following locations: [Entity must specify]
o Facial coverings are available to all employees whose duties and interactions with fellow employees subject them to CDC recommendations requiring them.
o Copies of this Protocol have been distributed to all employees.
o Other measures to protect employees: [Entity may specify]

Measures to protect visitor/customer health

o Disinfecting wipes or comparable disinfectants that are effective against COVID-19 are available near items frequently touched by visitors, such as shopping carts or baskets.
o Employee(s) assigned to regularly disinfect items frequently touched by visitors.
o Hand sanitizer, soap and water, or other disinfectant effective against COVID-19 are available to visitors at or near the entrance of the facility and at transaction points.
o All methods for contactless transactions are implemented. Where this is not feasible, components of transaction points such as portals, pens, and styluses are disinfected after each use.
o All other high-contact surfaces must frequently be disinfected.
o Other measures to protect visitors/customers: [Entity may specify]

Measures to ensure physical separation 
o For entities and indoor locations where staff and/or visitors generally circulate, limit the number of visitors in the facility at any one time to occupancy percentages specified in the framework. 
o For entities and indoor locations where staff and/or visitors are generally stationary, people must be kept a minimum of six feet apart as measured in a straight line from one person or member of a household unit to the next closest person, not including an impermeable internal or external wall or divider of at least eight feet high.
o Post an employee at entrance doors to ensure that the maximum number of customers in the facility, as specified above, is not exceeded.
o Place signs outside the facility reminding people to be at least six feet apart when inside the facility, including when in any lines.
o Placing tape or other markings at least six feet apart in customer or employee line areas inside facilities and on sidewalks at public entrances with signs directing customers to use the markings to maintain distance.
o Separate order areas from delivery/fulfillment areas to prevent customers from gathering.
o Instruct employees to maintain at least a six-foot distance from customers and from each other, except employees may momentarily come closer when necessary to accept payment, deliver goods or services, or as otherwise necessary.
o To reduce crowds and lines, place per-person or household unit limits on goods that are selling out quickly. [Entity may explain.]
o Other measures to ensure physical separation: [Entity may explain]
Measures to prevent unnecessary contact 
o Prevent visitors from self-serving any food items.
o Provide items such as lids for cups and condiments by staff, not for customers to procure on their own.
o Bulk-item food or supply bins are not available for customer self-service use.
o Consider providing specific hours only for specific populations such as seniors and pregnant women.
o Other measures to prevent unnecessary contact: [Entity may specify]

Click here to view grid for sector-specific phasing