Policy & Advocacy Monthly News (October)

Policy and Advocacy News

October Marks National Disability Employment Awareness Month

October 1st marked the beginning of National Disability Employment Awareness Month (NDEAM). The theme for this year is “Disability: Part of the Equity Equation.” NDEAM celebrates the contributions that workers with disabilities make to the economy and their community, while also advocating for more inclusive workplace environments.

Led nationally by the Office of Disability Employment Policy, the annual observance of National Disability Employment Awareness Month acknowledges the contributions to the nation’s economy made by workers with disabilities, current and past. The commemoration also showcases supportive and inclusive policies and practices benefiting workers and employers.

Locally, the Pasadena City Council will join localities throughout the state by proclaiming the month of October as National Disability Employment Awareness Month at their October 3 meeting.

National Disability Employment Awareness Month traces back to 1945 when Congress enacted a law declaring the first week in October as National Employ the Physically Handicapped Week. In 1962, the word “physically” was removed to acknowledge the employment needs and contributions of individuals with all types of disabilities. In 1988, Congress expanded the week to a month and changed the name to National Disability Employment Awareness Month.

Disability Vote California Announces Webinar in Advance of October 24 Voter Registration Deadline

Disability Vote California, a non-partisan collaborative of more the 30 statewide organizations, has announced a webinar to provide voters with disabilities information on voting as well as an opportunity to ask questions regarding polling locations, accommodations, and available assistance in completing a ballot.

The deadline to register for the November 8th general election is October 24. The 4 million Californians with disabilities have the potential to provide a powerful voice in Sacramento and Washington D.C. in demanding a disability system that provides sustainable funding levels that support real choice and quality services.

The webinar will be held on Friday, October 21 at 1:30 pm and will focus on how to make a plan to vote, how to find their voting location, and what to do if they need help. A post-election webinar is also scheduled on Friday, November 18 at 1:30 pm to provide voters with disabilities an opportunity to share their voting experience and hear others share their voting stories.

To register for these webinars, visit the Disability Vote California website by clicking here.

International Building Codes Modified to Include Adult Changing Stations  

The International Code Council (ICC) has updated its I-Codes to include Code Change E142-21 that recommends adult changing tables be installed at defined locations and establishes table and restroom specifications to provide for universal access. It is important to note that international building codes provide a model code for states and cities to follow and state or local boards of building standards must formally adopt these standards before they go into effect locally or in states. If these codes are adopted by local or state building codes, they will be enforced for new buildings, and some older buildings at the time of renovation, but are not enforced retroactively on pre-existing buildings.

Code Change E142-21, which goes into effect in 2024, would require adult changing tables in the following locations:

• Assembly and mercantile locations that require a total of six or more male and female toilets (including, but not limited to movie theaters, concert halls, banquet halls, casinos, swimming pools, lecture halls, museums, places of worship, arenas, skating rinks, stadiums, amusement parks, airports, department stores, shopping malls, etc.)
• College or university business occupancies, where an aggregate of twelve or more male and female toilets/urinals are provided on any floor in a building. 
• Elementary and high school educational occupancies with an assembly use where six or more male and female toilets are required for that assembly use (e.g., high school basketball gymnasiums where the number of occupants in the seating would require six or more toilets).
• Highway rest stops and service plazas (e.g., the rest stops provided directly on the major highway — not the rest stops at exits).

These recommendations were developed by an ICC Task Force that included architects, code officials, accessibility advocates, suppliers of adult changing tables, and parents who have advocated for these facilities. The goal of the group was to address the needs of families with a member with a disability who is unable to use a toilet or may need to use catheters or adult diapers. Without such facilities, people with significant disabilities can suffer from isolation because they and their caregivers must return home to be changed. 

In addition to locations of adult changing tables, the ICC Task Force adopted the following specifications for changing tables and restrooms:

• The adult changing table may be located in single-user, multi-user, family, assisted-use toilets or bathing rooms. If located in multi-user toilet rooms, privacy must be provided.
• The changing surface must be at least 70 in. X 30 in. and comprised of non-porous and durable materials.
• The changing surface must be height-adjustable from at least 17 in. to 38 in. above the floor.
• There must be at least 36 in. of clearance on the long side of the table, and 36 in. on one short side of the table. 
• The changing table must include a side rail for safety that is a minimum of ⅔ the length of the changing surface and centered. The rail must be capable of being raised and lowered, with it locking in the raised position. It must extend at least 5 in. above the surface of the table. When lowered, the rail should not be in the way of transferring an individual.
• Safety belts are highly recommended for the safety of individuals who move or have seizures.
• Capacity – allowable stresses for materials, fastening mounting devices, and support structure shall support a downward force of not less than 400 lbs applied to any point on the changing surface.

By adopting these guidelines, the ICC has provided advocates and families a blueprint to take to state legislatures when working to expand access to truly accessible restrooms and adult changing tables. 

Members of Congress Urge CMS to Expand Funding to Include Power Standing Systems

A bipartisan group of members of Congress is leading efforts to have the Centers for Medicare and Medicaid Services (CMS) expand funding eligibility to include seat elevation systems for individuals who use power wheelchairs. CMS’s current policy does not cover power seat elevation and power standing systems used with power wheelchairs. Medicare considers these Complex Rehab Technology (CRT) systems as “not primarily medical in nature” and they are therefore not covered as Durable Medical Equipment (DME).

U.S. Representatives Jim Langevin (D-RI), Brian Fitzpatrick (R-PA), Debbie Dingell (D-MI), and John Rose (R-TN) and Senators Tammy Duckworth (D-IL), Marsha Blackburn (R-TN), and Bob Casey (D-PA) are circulating a sign-on letter to their Congressional colleagues. The letter thanks CMS for opening a National Coverage Analysis (NCA) and public comment period for power seat elevation systems, asks CMS to advance coverage for power seat elevation systems, and urges CMS to promptly move forward with the process for power standing systems.

Evidence shows these CRT systems provide significant medical benefits and enable people with disabilities to be much more independent in their home and community settings. This effort also illustrates the challenges people with disabilities, and disability services providers, face when seeking funding for the application of new and innovative technologies to expand access to communities.  

The continuing challenge for CMS moving forward will be to streamline processes to facilitate new technologies such as seat elevation systems, autonomous vehicles, and mobile, fully-accessible restrooms like Momentum Refresh to increase independence and access to educational, employment, and social opportunities for people with disabilities.

ACL Releases National Strategy to Support Family Caregivers

The U.S. Department of Health and Human Services Administration for Community Living (ACL) released the 2022 National Strategy to Support Family Caregivers, which highlights nearly 350 actions the federal government will take to support family caregivers in the coming year.

The strategy’s recommended state actions include specific recommendations to expand and strengthen the direct care workforce as “a fundamental component of improving access to support for family caregivers,” and recommendations to fund Home and Community Based Services rather than services in institutional settings.  

The strategy was developed jointly by the advisory councils created by the RAISE Family Caregiving Act and the Supporting Grandparents Raising Grandchildren Act, with extensive input from the public, including family caregivers and the people they support. The strategy will be open to public comment for 60 days, beginning on October 1, 2022.

Proposed Rule Intended to Improve Medicaid Access for People with Disabilities

In a Notice of Proposed Rule Making (NPRM), the Centers for Medicare and Medicaid Services (CMS) is proposing a new rule designed to simplify the application and verification processes for people seeking coverage through Medicaid and the Children’s Health Insurance Program known as CHIP.

The regulation would standardize eligibility and enrollment for the programs, CMS officials said. Further, the rule would generally limit renewals to once a year, ensure that applicants have 30 days to respond to requests, create consistency in the renewal process across states, and mandate that renewal forms be pre-populated.

The regulation would also eliminate requirements for in-person interviews and impose a 90-day reconsideration period in cases where coverage is terminated because beneficiaries fail to return information needed to determine re-eligibility, among other changes.

The proposed rule is intended to address concerns regarding the significant hurdles facing individuals with intellectual and developmental disabilities, many of whom rely on Medicaid for both health care and home and community-based services.

The proposal will be up for public comment through November 7. To review or comment on the NPRM during its 60-day public comment period, visit the Federal Register.

ACL Launches Center to Improve Support for People Who Have Both Intellectual and Developmental Disabilities and Mental Health Disabilities

The Administration for Community Living (ACL) has announced funding of $3.25 million over five years to create a national technical assistance and resource center that will improve support for people with co-occurring intellectual and developmental disabilities (I/DD) and mental health needs so they can live and participate in their communities.

Research has shown that people with I/DD who also have mental health needs – estimated at more than a third of people with I/DD – are less likely to access appropriate services when experiencing mental health crises than people without I/DD. They are more likely to be institutionalized than people with either disability alone, and they often remain in institutions longer than people who have only I/DD or mental health disabilities because they cannot access the services they need to live in the community.

Earlier this month, the U.S. Department of Health and Human Services released a Roadmap for Behavioral Health Integration. The Roadmap, which was developed in support of the President’s strategy to address the national mental health crisis, affirmed HHS’s commitment to “providing the full spectrum of integrated, equitable, evidence-based, culturally appropriate and person-centered behavioral health care.” It outlined a range of actions to support the pillars of the President’s strategy, including the creation of this new resource center that will help to ensure that people with I/DD have access to the behavioral health care they need.  

In addition, according to the National Core Indicators Consumer Survey, when compared to their peers with I/DD only, people with both I/DD and mental health disabilities who live in the community are more likely to live in congregate settings (such as group homes) rather than independent settings and to report feeling lonely. They are less likely to be in excellent or very good health or to report having friends. They also earn less than their peers without mental health disabilities.

The grant will focus on systemwide capacity building by supporting state agencies – including state behavioral health, developmental disabilities, and Medicaid agencies – with resources related to policy development, service design, and service coordination across agencies. Guided by people with lived experience, including those from underserved communities, the center also will provide information, training, and peer-to-peer learning for people with dual I/DD-mental health diagnoses, their families, and the professionals who work with them. 

Click here to read the ACL news release.

State-of-the-Science on Disability Statistics Conference

During this two-day, hybrid event, experts in disability statistics will provide, describe, and discuss the latest advancements in disability statistic science. Advocates and disability services professionals are invited to participate in this in-person or online event to gain insights on new research and methods in disability data collection, analytical techniques, and advanced statistical analyses of key topics.

This in-person and online event is hosted by the University of New Hampshire, Rehabilitation Research and Training Center on Disability Statistics and Demographics (StatsRRTC). StatsRRTC strives to be inclusive and accessible and enables everyone to fully engage. Live captioning, CART, and ASL interpretation are available for all attendees.

You will be able to watch the conference here when it is uploaded.