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Policy & Advocacy Monthly News (May 2023)

Momentum Policy and Advocacy Newsletter

Policy & Advocacy Monthly News (May 2023)

May 25, 2023

Policy and Advocacy News

A Note from the CEO…

This May, we recognize National Mobility Awareness Month, an annual celebration that provides an opportunity to recommit ourselves to supporting mobility for people with disabilities, so that everyone can enjoy greater independence and remain active in our community.

To increase mobility for people with disabilities, we need to look beyond the important, yet obvious, steps of building a ramp or installing a power door. Mobility resources include safe and accessible airline travel for all travelers. Additionally, mobility resources encompass providing appropriate support during natural disasters to help individuals seek safe and accessible emergency shelters. Often, mobility is not possible without the dedication of Direct Support Professionals who work tirelessly to ensure that people with disabilities can live, work, and engage in recreational activities in their community.

In this month’s newsletter, you will find several ways in which you can contribute to increasing mobility for people with disabilities while traveling by air, ensuring their safety during natural disasters, and supporting and honoring the DSPs who work so hard to ensure that people with disabilities have the same degree of access to their community as you and I do. I hope you will take advantage of these advocacy opportunities to embrace the true spirit of National Mobility Awareness Month and make our communities more welcoming and accessible.

Lori Anderson, President & CEO

Momentum’s VoterVoice Advocacy Center

Advocacy Contacts

Governor Gavin Newsom

Phone: (916) 445-2841

Fax: (916) 558-3160

Internet Contact Form Access – Here

 

Twitter Accounts:

@GavinNewsom

@CAgovernor

Facebook:

@GavinNewsom

Find Your Representatives

Use the links below to identify your representatives and let your opinion be heard.

U.S. House of Representatives

U.S. Senate

California State Legislature

California News
 

May Revisions to California FY2023-24 State Budget Proposal Released 

Last week, California Governor Gavin Newsom released the May Revision to his 2023-24 state budget proposal. During his press conference, the Governor announced that the state is facing an additional $9.3 billion shortfall compared to the January projection, resulting in a total budget deficit of $32 billion. This shortfall is mainly attributed to decreased tax revenue and higher utilization in programs such as Medi-Cal and In-Home Supportive Services (IHSS).

In addition to the deficit, this budget cycle encounters additional uncertainties in terms of spending and revenue. The delayed resolution for the federal debt ceiling would significantly impact the state budget, as a substantial portion of it comes from federally funded programs. The state tax deadline was extended for many Californians by the federal government in response to the winter storm disaster declarations, resulting in an estimated $42 billion in delayed tax receipts. Other factors contributing to the uncertainty include rising interest rates and the looming threat of a recession.

Most Department of Developmental Services (DDS) programs that serve Californians with intellectual and developmental disabilities (IDD) and their families were spared budget cuts in the May revisions. It is important to note that the full implementation of the disability services rate study remains in place and on schedule.

Disability advocates achieved a significant win as the Governor’s revision included an increase in rates for Independent Living Services (ILS). The May revisions allocate an additional $15 million for ILS in FY 2023-24, followed by $60 million ongoing, to correct ILS rate assumptions. If approved in the final FY 2023-24 state budget, ILS rate revisions would be implemented this calendar year, with rate adjustments beginning on January 1, 2024.

You can click on the links below for more detailed information on the Governor’s May revisions:

DDS Budget Highlights

DDS Budget Details

Full Budget Details

California Assembly Appropriations Committee Approves AB 1147, the Disability Equity and Accountability Act – Advocacy Still Needed

The California Assembly Appropriations Committee has approved and passed AB 1147, the Disability Equity and Accountability Act, out of committee.

AB 1147, introduced by Assemblymember Dawn Addis, aims to ensure equal access to services for all people with disabilities, regardless of race, ethnicity, disability, or geographic location. It also seeks to increase transparency and accountability of Regional Centers (RCs). Specific provisions of the Disability Equity and Accountability Act include:

  • Establishment of performance measures for RCs to which they must adhere.
  • Subject regional centers to the Public Records Act.
  • Allow individuals to have their IPPs conducted remotely.
  • Requirement that regional centers offer at least a common set of services.
  • Creation of a statewide system to contract with service providers.
  • Requirement to provide better training for RC boards of directors and protection from retaliation.

The bill now moves to the full Assembly after which, if approved, it will move on to the State Senate for consideration by committees.

There is still time to add your voice to the call to strengthen oversight of California’s 21 Regional Centers. Click here ad your support of AB 1147, the Disability Equity and Accountability Act.

National News

 

National Council on Disability Report Finds Extreme Weather Disproportionately Impacts People with Disabilities

The National Council on Disability (NCD) recently released a report titled “The Impacts of Extreme Weather Events on People with Disabilities.” The report examines how extreme weather events and environmental hazards have adversely and disproportionately impacted people with disabilities in the United States and its territories over the past 20 years.

“Rights and responsibilities under federal disability laws do not disappear due to extreme weather catastrophe,” said NCD Chairman Andrés J. Gallegos. “As these events have become far more common, it is critical that we ensure full inclusion of the needs of people with disabilities in emergency management planning and in all response efforts.”

The report finds that people with disabilities are 2 to 4 times more likely to be injured or killed in a natural disaster than those without disabilities. They are also “far more likely than anyone else to face major hardships, including displacement from their homes due to a major disaster.”

These findings are of great concern due to the increase in the prevalence and severity of severe natural disasters and extreme weather events. Key findings of the report include:

  • Some local governments have not complied with federal rules and regulations, even though those rules and regulations clearly state that programs and services funded with federal dollars must be compliant with federal disability rights laws.
  • State and federal emergency management agencies consistently fail to account for accessibility barriers and fail to coordinate with disability organizations to best address the unique needs of people with disabilities.
  • Due to a lack of accessible shelters, or when personal assistance services are not made available, people with disabilities are at risk of being institutionalized.

“The NCD report confirms what people with disabilities, their families and disability support providers have known for a long time that people with disabilities are particularly vulnerable to the impacts of natural disasters,” explained Lori Anderson, President and CEO of Momentum. “I, and other Momentum staff members, have met with emergency management leaders in California to express our concerns as well as offer our assistance in addressing gaps in emergency management planning, specifically the value of deployment of Momentum Refresh at disaster evacuation sites.” 

Among the many recommendations contained in the NCD report, the agency suggests the following:

  • The Federal Emergency Management Agency (FEMA) should enhance its stakeholder engagement strategy to intentionally include people with disabilities and disability-led organizations in emergency management planning and exercises.
  • The President should sign an executive order charging federal agencies to develop/update emergency management plans to anticipate an increase in extreme weather and address how each agency will integrate people with disabilities into the emergency management plan to ensure services for people with disabilities are available before, during, and after disasters.
  • Congress should authorize additional funding and FEMA should provide guidance to strengthen/establish an emergency preparedness plan inclusive of people with disabilities.

The NCD report also recommends that Congress should pass the Real Emergency Access for Aging and Disability Inclusion (REAADI) for Disasters Act to address gaps in meeting civil rights obligations to people with disabilities impacted by disasters. The bill would establish a research center to be defined in legislation, to conduct research to determine recommended practices for including people with disabilities and older adults in planning during and following disasters.

Momentum is an original supporter of the REAADI act and urges all advocates to add their voice to this important advocacy effort. Visit Momentum’s VoterVoter Action Center to urge your Member of Congress to cosponsor the REAADI Act. Click here to take action today!

Bipartisan “Recognizing the Role of Direct Support Professionals Act” Reintroduced in the 118th Congress

On April 27, Senators Maggie Hassan (D-NH) and Susan Collins (R-ME), along with Representatives Brian Fitzpatrick (R-PA1) and Joseph Morelle (D-NY25), reintroduced H.R. 2941/S.1332, the bipartisan “Recognizing the Role of Direct Support Professionals Act.”

Currently, there is a critical need for dedicated Direct Support Professional (DSP) positions, but there are not enough qualified workers to fill this need. IDD providers face challenges in recruiting and retaining DSPs, as indicated by a pre-pandemic study conducted by the National Core Indicators. The study revealed that DSPs had a national turnover rate exceeding 45 percent. Additionally, the lack of reliable data exacerbates the problem.

Federal agencies rely on data collected through the BLS Standard Occupational Classification (SOC) system to analyze workforce trends. However, the current system does not accurately reflect the challenges faced by the DSP workforce because there is no separate SOC category for DSPs. Currently, DSPs are classified under the broader category of “home health care aide,” which includes various home health care occupations. Consequently, it is difficult to track and report accurate workforce trends for DSPs, often leading to the underreporting of workforce needs and regional shortages.

This bill aims to address these issues by directing the Office of Management and Budget to revise the Standard Occupational Classification system and establish a separate code specifically for DSPs. This revision would improve data collection and provide better insights into the pressing workforce challenges faced by DSPs. The intended benefits of improving data collection through this bill include:

  • Provide states and the federal government with more accurate information about the workface trends for DSPs to help identify workforce shortage areas and report accurate turnover rates.
  • Help identify where to implement targeted workforce training programs for DSPs so that trained workers can meet local workforce needs.
  • Recognize the unique role that DSPs play in supporting individuals who experience disabilities and raise awareness of critical workforce needs.

 

It has been referred to the Senate Homeland Security and Governmental Affairs and the House Committee on Education and the Workforce.

Tell your Members of Congress today to support the bipartisan “Recognizing the Role of Direct Support Professionals Act” (H.R. 2941 / S. 1332), which requires the Office of Management and Budget to establish a separate category within the Standard Occupational Classification system for DSPs by clicking here.

Air Carrier Access Amendments Act Would Strengthen Protections for Air Travelers with Disabilities

Every day, more than 45,000 flights depart from U.S. airports. Most passengers take for granted that airline travel is a safe and efficient way to reconnect with families, take vacations, or attend business meetings and conferences.

Unfortunately, for people with disabilities, it is all too common to be injured while boarding or deplaning an aircraft and to have the wheelchairs they depend on damaged or lost. According to statistics from the ACAA Survey released by the Paralyzed Veterans of America, 70 percent of air travelers who use wheelchairs reported having their wheelchair or scooter damaged by airline personnel. Furthermore, more than 17 percent of travelers using a wheelchair reported having their wheelchair or scooter lost, while almost 30 percent reported losing a wheelchair accessory.

To address this issue, the Air Carrier Access Amendments Act of 2023 (H.R. 1267/S. 545) has been introduced in the 118th Congress. The Air Carrier Access Act (ACAA) was signed into law in 1986 by President Ronald Reagan to prohibit discrimination against passengers with disabilities by air carriers.

The Air Carrier Access Amendments Act would seek to strengthen the ACAA and provide numerous benefits for passengers with disabilities who travel by air. Some of the key provisions include:

  • Requiring the Secretary of Transportation to assess civil penalties for Air Carrier Access Act violations and refer patterns of discrimination to the Department of Justice.
  • Granting individuals with disabilities a private right of action in civil court.
  • Requiring the Secretary of Transportation to formulate standards to address effective boarding and deplaning, visually accessible announcements, in-flight entertainment, seating accommodations, lavatories, and stowage options for assistive devices; Five years after the standards are finalized, airlines would need to operate aircraft that comply with them.
  • Ensuring all covered gates, counters, ticketing areas, and customer services desks are accessible to individuals with disabilities.

It is critical for air travelers with disabilities that the Air Carrier Access Amendments Act be incorporated into the next FAA Reauthorization Act. This incorporation would ensure that passengers with disabilities can access air travel with dignity and without barriers, ultimately improving the air travel experience for millions of people living with disabilities.

You are strongly encouraged to use Momentum’s online advocacy tool to contact your elected legislators and urge them to co-sponsor the Air Carrier Access Amendments Act and incorporate provisions of the bill into the FAA Reauthorization. Click here to add your voice to the call to make air travel more accessible and equitable for everyone.

Advocacy Opportunity & Resources

Federal Emergency Management Agency Announces National Resilience Listening Sessions

The Federal Emergency Management Agency (FEMA) will conduct a series of virtual listening sessions to gather input and inform the implementation of actionable guidance and resources during natural disasters.

These listening sessions provide people with disabilities, advocates, and disability support professionals with an opportunity to ensure that disaster resources and guidance reflect the needs and input of people with disabilities. For far too long, the voices of people with disabilities have been excluded from disaster planning and implementation, putting them at risk during disasters and evacuations.

Use the links below to register for the FEMA listening sessions:

If you have questions regarding these listening sessions or require assistive accommodations to participate, you are encouraged to email FEMA here.

 

Advocacy Resource

 

A System in Distress: Caring for Californians with Developmental Disabilities – This report, released by the Little Hoover Commission, highlights broad problems in the state developmental disabilities services system, including inconsistencies in services among racial and ethnic groups and among different regions across the state.

In the report, the Commission called on the Legislature to further expand state oversight of the 21 regional centers and to establish more consistent policies, procedures, and a core set of services offered statewide. Among the recommendations, the Commission recommends:

  • Increase Consistency in Client Experiences across Regional Centers
  • Target and reduce Racial and Ethnic Disparities
  • Strengthen State Oversight of the Developmental Disabilities System
  • Modernize Technology
  • Standardize Regional Center Vendorization
  • Strengthen and Enhance Support for Regional Center Governing Boards
  • Improve Service Coordination

The Little Hoover Commission is an independent state oversight agency created in 1962 to investigate state government operations and policy, and, through reports and legislative proposals, make recommendations to the Governor and Legislature.