Memphis Rep. Steve Cohen Introduces New Disability Legislation

Representatives Cohen and Clarke Introduce Legislation to Prohibit Discrimination Against People with Disabilities Who Need Long Term Services and Supports

February 28, 2022 Press Release

WASHINGTON -- Representatives Steve Cohen (TN-09) and Yvette D. Clarke (NY-09) today introduced legislation to prohibit discriminatory practices against individuals with disabilities who need Long Term Services and Supports (LTSS).

Despite the Supreme Court’s landmark 1999 ruling in Olmstead v. L. C., that public entities must ensure individuals with disabilities have access to home- and community-based care as an alternative to institutionalization, people today continue to be forced into institutions, including nursing homes and psychiatric hospitals.

The Latonya Reeves Freedom Act would codify existing law and strengthen the right of Americans with disabilities to receive Long Term Services and Supports (LTSS) in the setting of their choice, including a prohibition on government entities and insurance providers from denying home- and community-based services to individuals with disabilities that require LTSS. The legislation is named in honor of Latonya Reeves, a woman who was forced to flee a Tennessee nursing home and move to Colorado so she could access the care she needed to live independently in her own home.

“Latonya Reeves was forced to leave Memphis so she could escape life in a nursing home. Neither she nor any other person should have to choose between getting institutionalized or moving thousands of miles away from one’s community to access the services and supports needed to lead an independent life in one’s own home,” said Congressman Cohen. “Our legislation will codify a person’s right to receive services in the setting of their choice and help protect millions of other Americans with disabilities’ freedom to live and work independently in their own homes and communities.”

“For far too long, people with disabilities have had their homes and lives taken from them through forced institutionalization without any say of their own. No one should lose their freedom for the sake of care, regardless of their disability,” said Congresswoman Clarke. “This legislation is a necessary step towards ensuring people like Latonya Reeves are given the care they need in the communities they know, not the nursing homes they are forced to live in.”

The Latonya Reeves Freedom Act is cosponsored by Representatives Alma S. Adams, Ph.D., Suzanne Bonamici, Jamaal Bowman, Rep. Cheri L. Bustos, André Carson, David N. Cicilline, Gerald E. Connolly, J. Luis Correa, Danny K. Davis, Antonio Delgado, Mark DeSaulnier, Ted Deutch, Lloyd Doggett, Dwight Evans, Brian Fitzpatrick, John Garamendi, Jesús G. "Chuy" García, Raul M. Grijalva, Chrissy Houlahan, Henry C. "Hank" Johnson, Jr., William R. Keating, Derek Kilmer, James R. Langevin, Andy Levin, Lucy McBath, Betty McCollum, Joseph D. Morelle, Seth Moulton, Eleanor Holmes Norton, Ed Perlmutter, Ayanna Pressley, Jamie Raskin, Jan Schakowsky, Debbie Wasserman Schultz, David Scott, Terri A. Sewell, Adam Smith, Greg Stanton, Thomas Suozzi, Bennie G. Thompson, Dina Titus, Rashida Tlaib, Paul D. Tonko, Juan Vargas, and John Yarmuth.

Companion legislation was introduced in the Senate by Senator Michael Bennet of Colorado.

Steve Cohen has been in Congress since 2007. He represents Tennessee’s Ninth Congressional District, which includes Memphis and Shelby County. Cohen is Chairman of the Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties, as well as Co-Chairman of the Helsinki Commission, a senior member of the House Transportation and Infrastructure Committee, and a member of the House Natural Resources Committee

Yvette D. Clarke has been in Congress since 2007. She represents New York’s Ninth Congressional District, which includes Central and South Brooklyn. Clarke is a Senior Member of the House Energy and Commerce Committee, where she serves on the Environment and Climate Change Subcommittee, and is a Senior Member of the House Committee on Homeland Security.

How ACL’s Disability and Aging Network is Responding to COVID-19

The Urgent Need to Vaccinate and Support Older Adults and People with Disabilities

COVID-19 has disproportionately affected people with disabilities and older adults. All people who receive long- term services and supports (LTSS) in the community, regardless of age or type of disability, face a higher risk of COVID-19 infection. Those risks are even greater for older adults and people of color with disabilities.

The Memphis Center for Independent Living, the Administration for Community Living’s (ACL) aging and disability networks are collaborating with state, local, and federal partners to support the need for vaccination of high- risk populations, and to support older adults and people with disabilities in need of community living services and supports. ACL programs are highly engaged with states and other partners working to ensure vaccine access for people with disabilities and older adults, and to provide and improve access to services and supports that address their functional needs so they can remain in their homes and communities.

This document is a summary of ACL’s programs with examples of activities and partnerships that can support access to vaccines and critical services and supports at the community level.

ACL has also created a webpage with vaccination and booster resources for the aging and disability networks.

Major Components of ACL’s Disability and Aging Network 

Centers for Independent Living (CILs)

• Serve individuals with significant disabilities of all types.

  

• There are 354 CILs in communities in every U.S. state and territory. CILs offer the following core services (at a minimum): information and referral, independent living skills training, peer counseling, individual and systems advocacy, transition and diversion from nursing homes and other institutional settings back into the community, and transition of youth to postsecondary life.

• The Memphis Center for Independent Living: Phone: 901-726-6404; email: mcil@mcil.org; website: www.mcil.org. 

• Find a local CIL.

• Vaccine-related activities include coordination of accessible transportation services; assessing needs and status of clients; coordinating services; addressing inaccessible vaccine sites; locating and/or providing mobility equipment, personal care attendant services, or ASL interpreters; educating communities about reasonable accommodations; and providing outreach and education about vaccines and boosters, including addressing hesitancy.

Area Agencies on Aging and Disability (AAADs)

• Serve older adults (age 60+) and family caregivers. A majority of AAADs also serve people with disabilities through other funding sources.

• There are 622 AAADs across the nation, which are public or nonprofit organizations designated by State Units on Aging to address the service and support needs of older adults at regional and local levels.

• The specific names of AAAs vary. To find a local AAA, go to Eldercare.acl.gov or call 800-677-1116.

• AAAs contract with 20,000+ local providers nationwide to provide services and programs that may include congregate and home-delivered meals, information and assistance, evidence-based chronic disease prevention programs, caregiver respite, case management, transportation, homemaker support, and personal care.

• Vaccine-related activities include identifying and reaching out to underserved older adults, including people who are homebound, live in rural areas, or have limited English proficiency; assisting LTSS clients and their caregivers to register for vaccines and boosters; facilitating transportation to and from vaccine appointments; providing second-dose reminder calls and booster outreach; collaborating to combine vaccine delivery with existing home-delivered food services; and organizing and implementing targeted vaccination clinics.

 

Long-Term Care Ombudsman Program

Advocates for people living in nursing homes, board- and-care homes, assisted living facilities, and similar facilities to resolve their individual problems and to bring about changes that improve their care, quality of life, and rights. Find a local LTC ombudsman program.

• Vaccine-related activities include providing information and assistance on how to obtain vaccines and boosters for residents and staff including addressing vaccine hesitancy.

Native American Grantees

• Serve native elders (age determined by each tribe).

• There are 282 Native American Grantees serving over 400 tribes.

• Provide supportive services, nutrition services, and caregiver support to native elders and their families.

• Vaccine-related activities include reaching out to and educating individuals who have not been vaccinated or boosted, partnering to organize transportation to vaccination clinics, and offering case management.

Protection and Advocacy Systems (PandAs)

• Serve individuals with all types of disabilities.

• There are 57 PandAs. PandAs are in every state and territory. There is also one PandA that serves the Navajo and Hopi Nations in New Mexico, Arizona, and Utah.

• PandAs are a nationwide network of congressionally mandated agencies that provide a range of legal advocacy services to protect the rights of individuals with disabilities (e.g., those denied access to a service or an opportunity to take part in an activity). PandAs address allegations of neglect or abuse and conduct monitoring and investigations of facilities. Find a local P&A.

• Vaccine-related activities include contacting people with disabilities to assess status and needs, ensuring vaccination sites are accessible, ensuring access to services, and providing legal expertise to state and federal agencies.

State Councils on Developmental Disabilities (DD Councils)

• Governor-appointed councils of individuals with developmental disabilities, their families, and other key groups.

• There are 56 DD Councils. DD Councils are in every state and territory. They identify gaps in services and implement strategies to address needed system-level changes.

• Find a local DD Council.

• Vaccine-related activities include creating plain language materials; hosting Q&As about vaccines and boosters with local and state agencies, developing vaccine site accessibility checklists, reaching out to and educating individuals with disabilities, and providing information and referral services.

State Grants for Assistive Technology (AT) Programs

• Serve individuals with disabilities of all ages and their families.

• AT programs in every state and territory help make AT devices/equipment and services available. Their efforts range from “low tech” (e.g., built-up handle on spoon to improve ability to grasp) to “high tech” (e.g., computers controlled with eye movement). Other examples of supports are home automation solutions and services to obtain and use devices. AT support can also include assessment, customization, repair, and training.

• Find a local AT program.

• Vaccine-related activities include assisting with accessibility of vaccination sites, registration processes, websites, and outreach materials; supporting vaccination hotlines for people with disabilities; and providing subject matter expertise and technical assistance related to accessibility and AT.

State Units on Aging (SUAs)

• Serve older adults (age 60+) and family caregivers.

• Governor-designated state government agencies that advocate for and assist older adults, their families, and, in many states, adults with physical disabilities. Located in each state and territory. To find an SUA, visit Eldercare.acl.gov or call 800-677-1116.

• Provide funding to AAAs to provide home and community- based services and programs including meal programs, case management, transportation, home care, and caregiver respite.

• Vaccine-related activities include collaborating with state emergency response agencies to identify high-risk communities and support targeted vaccination and booster efforts; working with paratransit agencies, nursing groups, and other partners to identify individuals who might benefit from mobile vaccination clinics; coordinating with state emergency management agencies; providing situational awareness to ACL; identifying gaps and coordinating information; and coordinating with AAAs to restore and limit service disruptions.

University Centers for Excellence in Developmental Disabilities (UCEDDs)

• Serve individuals with developmental disabilities and their families.

• There are 68 UCEDDs nationwide that conduct interdisciplinary training, community services, research, and knowledge translation in a range of areas, including emergency management. Find a local UCEDD.

• Vaccine-related activities include scheduling vaccine appointments for individuals with intellectual and developmental disabilities; working with state Medicaid agencies to support Medicaid-funded transportation to vaccine appointments at non-medical locations, hosting town halls on vaccines for people with disabilities, developing drive-thru vaccination sites, hosting targeted vaccine clinics, and providing vaccinations to group home residents through mobile clinics.

National Hotlines to Support Vaccine Access

ACL, in partnership with the CDC, is funding two national hotlines to connect older adults and people with disabilities to local aging and disability organizations that can assist with vaccine registration, provide services and supports necessary to get the vaccine, and provide access to services and supports that address other community living needs. In addition to English-speaking specialists, both vaccine lines have Spanish-speaking specialists, utilize a language interpretation service for any callers who speak other languages, and provide Video-Relay Service (VRS) for deaf people and people who are hard of hearing.

Disability Information and Access Line (DIAL)

• DIAL helps people with disabilities find vaccination locations in their communities make vaccination appointments and connect to local services – such as accessible transportation – to overcome barriers to vaccination.

• DIAL also can provide information and resources to answer questions and address concerns about the vaccines and can connect callers to information and services that promote independent living and address fundamental needs, such as food, housing, and transportation.

• The hotline is available from 9:00 AM to 8:00 PM eastern time at 888-677-1199.

• Deaf people and those who are hard of hearing can reach DIAL using the 711/Video Relay Service (VRS). To use this free service, simply dial 711 and you will be connected with a communications assistant with whom you can text.

• More information is available at ACL.gov/DIAL.

Eldercare Locator

• The capacity of the Eldercare Locator has been expanded in response to the pandemic to connect older adults, including those who are unable to leave their homes and those who live in underserved communities, to local COVID-19 vaccination resources.

• The Eldercare Locator helps older adults find vaccination locations in their communities, make vaccination appointments and connect them to local services to overcome barriers to vaccination.

• The Eldercare Locator also continues to connect older adults and their caregivers with local aging organizations in their communities for critical supports and services such as home-delivered meals and other nutrition services, transportation, personal care, homemaker support, and respite for caregivers.

• The hotline is available from 9:00 AM to 8:00 PM eastern time at 888-677-1116.

• More information is available at Eldercare.acl.gov.

Latonya Reeves Freedom Act

Legislation introduced named for Memphis Woman S. 3417

EDITORS NOTE: The Memphis Center for Independent Living assisted LaTonya Reeves to leave a Tennessee nursing home over 20 years ago. 

By Senator Michael Bennet

In the United States, over a quarter of individuals, or 67 million people, are living with a disability. In 1999, the U.S. Supreme Court held in Olmstead v. L.C. (Olmstead) that individuals with disabilities have a qualified right under Title II of the Americans with Disabilities Act (ADA) to receive supports and services while living in the community of their choosing. This landmark decision has assured people that they will not be forced into institutions, including psychiatric hospitals and nursing homes.

The Latonya Reeves Freedom Act, named to honor a Coloradan who fled Tennessee to gain the freedom to live in her own home, would protect and expand the civil right of Americans with disabilities to receive long-term services and supports (LTSS) in the setting of their choice.

The legislation will enable individuals with disabilities to live independent lives in their community and would:

• Establish a comprehensive State planning requirement with enforceable and measurable objectives to transition individuals with disabilities out of institutions and into the most integrated setting, if they choose that transition;
• Prevent State governments and insurers from engaging in discriminatory practices, policies, or rules that would prevent an eligible individual from receiving community-based LTSS;
• Identify and address disparities in the provision of community-based LTSS; and
• Accelerate State compliance with the integration mandate of the ADA.

The bill would guarantee minimum requirements for coverage of LTSS, regulated by the Attorney General. Public entities and LTSS insurance providers would be required to conduct evaluations of their current practices and policies, identify current gaps in their systems, and implement a transition plan that addresses barriers to community living. The Department of Health and Human Services will be responsible for providing technical assistance, reviewing, and approving these transition plans.

More than two decades after the Olmstead decision, Americans with disabilities are still fighting to exercise their right to receive services and supports where they prefer. The Latonya Reeves Freedom Act will help accelerate compliance with the ADA and help individuals with disabilities live independently within their own homes and communities.

The Transformation to Competitive Integrated Employment Act

People with Disabilities in Memphis looking for equality in employment

By Allison Donald, The Memphis Center for Independent Living

Disability is not typically part of poverty discussions, but a person with a disability is twice as likely to be in poverty and also more likely to be unemployed.  People with disabilities live in poverty at more than twice the rate of people without disabilities. People with disabilities make up approximately 12 percent of the U.S. working-age population; however, they account for more than half of those living in long-term poverty.

In Memphis, poverty has increased for most groups, except for individuals over 65 years of age.  The steady rise in poverty continues to disproportionately impact residents with disabilities 73 percent of whom are not in the labor force.  

“It has been damn near impossible for me to find a job because I feel like I don’t have as many options for employment as non disabled people have in Memphis," said Rexcey Bowers who is visually impaired. “The Transformation to Competitive Integrated Employment Act will give me a chance to work and become a productive member of my community”.

People with disabilities want to work, live independently and be economically self-sufficient.  It is important that employers look past our disabilities and focus on our abilities.  Advocates from across the state of Tennessee  representing the National Federation of the Blind met with Senators Marsha Blackburn and Bill Hagerty, as well as Congressman Steve Cohen during  Washington Seminar to champion the Transformation to Competitive Integrated Employment Act (HR 2373).  

The legislation specifically provides states, service providers, subminimum wage certificate holders, and other agencies with resources and technical assistance to help workers with disabilities transition away from sheltered workshops and into community employment settings.

Congressman Cohen has indicated that he will sign on to the legislation, but the job is not done.  If you would like to learn more about the Transformation to Competitive Integrated Employment (HR 2373) in the House and (S 3238) in the Senate visit https://www.NFB.org/Washington-Seminar.  We all have to do our part to promote competitive integrated employment and remove barriers to employment for people with disabilities.