New EEOC Lawsuits

FROM THE NRCA CAPITOL INSIDER-
The Equal Employment Opportunity Commission (EEOC) filed two employment discrimination lawsuits under title I of the Americans with Disabilities Act (ADA) in the US District Court for the Southern District of Texas in Houston. In the first lawsuit against ENGlobal Engineering, Inc., an energy engineering and professional services company, EEOC alleged the company fired an individual because it regarded him as having a disability. The employer insisted that the employee take a medical leave of absence when he began experiencing symptoms of multiple sclerosis even though he could still work. When the person returned to work with a doctor's clearance, ENGlobal falsely told him his position was no longer available. Three weeks later, the company hired someone else.

In the second employment discrimination lawsuit, EEOC alleged that DynMcDermott Petroleum Operations Company refused to hire someone who had previously worked for the company because his wife had cancer which the company felt would interfere with his ability to do his job. The company later hired someone with no experience for the position. Discrimination based on association with a person who has a disability is prohibited under title I of the ADA.
See EEOC's press release at:
http://www.eeoc.gov/eeoc/newsroom/release/8-26-10.cfm

NCD Nominees Announced

FROM THE NRCA Capitol Insider:
Senator Tom Harkin (D-IA), Chairman of the Health, Education, Labor and Pensions (HELP) Committee, announced on March 10 that the Committee had approved nominations to fill positions at the National Council on Disability and other federal agencies. The nominees now move to the full Senate for confirmation. The nominees for NCD membership are:

• Gary Blumenthal of Massachusetts
• Chester Alonzo Finn of New York (a board member of The Arc)
• Sara A. Gelser of Oregon
• Ari Ne'eman of Maryland (who formerly worked on UCP's Life Without Limits project)
• Dongwoo Joseph Pak of California
• Carol Jean Reynolds of Colorado
• Fernando Torres-Gill of California
• Jonathan M. Young of Maryland

ARRA Disability-Related Spending Update

From the NRCA Listservice:

As of Oct 30, recipients of grants and contract funds resulting from the American Recovery and Reinvestment Act (ARRA) have been required to provide a greater level of detail on how they are spending their money. Many priority disability programs, such as IDEA State Grants and Vocational Rehabilitation State Grant and Independent Living, are receiving ARRA funds. See: http://www.recovery.gov/Pages/home.aspx for additional details.

NRCA Announces Medicare Committee Draft

From the National Rehabilitation Counseling Association:

The three House committees with jurisdiction over health care—the House Ways & Means Committee, the House Energy & Commerce Committee, and the House Education & Labor Committee—have released draft health care reform legislation, including provisions to update the Medicare program.

Importantly, the draft legislation (known as the “Tri-Committee” draft) would establish Medicare coverage of licensed professional counselors and marriage and family therapists. The legislation makes significant changes to the way the current health insurance marketplace works in the U.S., with the goal of building on our current system to broaden coverage and constrain health care cost increases. Information on the legislation, including the bill text and a summary, is on the House Education & Labor Committee’s website at http://edlabor.house.gov/blog/2009/06/health-care-reform-house-dems.shtml

Upcoming Disability Policy Seminar

From the NRCA Capitol Insider:
The 2009 Disability Policy Seminar Seminar is only two weeks away. Over 400 participants from more the 35 states, Canada, Australia and China have registered. For a state by state list of the registrants from your state: http://www.aucd.org/docs/policy/disability_policy_seminar_2009/registration_by_state.pdf Register online at:https://aaiddonline.aaidd.org/events/EV04EventDetail.aspx?eventID=1057

IG Reports on Impact of DDS Changes on SSA Benefits

From the NRCA Capitol Insider:
The Commissioner of the Social Security Administration (SSA), Michael J. Astrue, has written to several of the Nation's governors regarding the potential impact that furloughs, hiring freezes, and layoffs of state employees will have on people with disabilities filing applications for Social Security disability benefits. The federal government fully reimburses the states for their costs of running the disability determination services (DDS), where state employees evaluate initial claims for disability benefits. SSA's Inspector General has indicated that the furloughs could have a substantial effect on processing claims. Not only will claimants have to wait longer for decisions, but those who are found eligible will experience delay in receiving the benefits they need for daily expenses. In California alone, the Inspector General's report predicts a delay in $648,000 in benefits to new beneficiaries These delays are in addition to the long-standing backlog in disability decisions, particularly at the hearing level. The IG report can be found at:http://www.ssa.gov/oig/ADOBEPDF/A-01-09-29137.pdf

NCD: More Fed Jobs for People with Disabilties

WASHINGTON VIA NRCA—The National Council on Disability (NCD) says current efforts to employ people with disabilities in the Federal Government have not worked well, and recommends reversing this trend in a new paper, "Federal Employment of People with Disabilities". It is available at: http://www.ncd.gov/newsroom/publications/2009/pdf/Federal_Employment_of_People_with_Disabilities.pdf), Recommendations include improved federal hiring and advancement of employees with disabilities. The paper also summarizes legal authority, policy guidance, federal responsibilities, barriers to hiring and advancement, provisions for reasonable accommodations, and agency initiatives.

NRCA Capitol Insider Volume 14 Issue 6

Capitol Insider

Volume 14, Issue 6

Action Alerts: None.

Major Events Last Week

Economic Recovery
Senators Ben Nelson (D-NE), Susan Collins (R-ME), Arlen Specter (R-PA), and Joe Lieberman (I-CT) crafted a compromise substitute amendment for the American Recovery and Reinvestment Act (S.1). According to the Senate Democratic leadership, the substitute will garner sufficient Republican support to overcome a filibuster (or endless debate). The following disability-related program increases remain in the substitute bill:

* $87 billion over two years in the federal share of Medicaid spending (FMAP);
* $13 billion for IDEA state grant program;
* $500 million for the vocational rehabilitation state grant;

* $110 million for independent living;
* $500 million for IDEA Part C early intervention;
* $2.25 billion for the HOME (housing) program;
* $100 million for lead paint abatement;
* $400 million for the Social Services Block Grant (Title XX);
* $16.7 billion for a $300 one-time payment to Social Security beneficiaries, including people with disabilities and retirees, beneficiaries receiving Supplemental Security Income (SSI), and disabled veterans;
* $750 million for a new National Computer Center for the Social Security Administration (SSA); and
* $140 million for information technology for SSA.

The substitute eliminates funding to make Section 811 Supportive Housing units more energy efficient.

The Senate bill does not include an extension of moratoria on seven Medicaid regulations until July 1.

Health Care
The House of Representatives passed and President Obama signed into law (P.L. 111-3) legislation to reauthorize the State Children's Health Insurance Program (SCHIP). The law provides funding to expand the program to an additional 4.5 million children.

Obama Administration
Eric H. Holder, Jr. was sworn in as Attorney General on Feb. 3, the day after the Senate confirmed him. Tom Daschle, the former Senate Majority Leader, pulled out of the nomination process for Secretary of Health and Human Services amid questions over his failure to pay about $140,000 in back taxes and interest. No official alternate nomination has been announced. The Senate Health, Education, Labor and Pensions Committee postponed a vote on Hilda Solis' nomination as Secretary of Labor minutes before it was scheduled to take place. The delay came after a published report that Solis' husband had recently settled outstanding tax liens against his auto repair business.

Employment
The unemployment rate of people with disabilities is 13.2 percent according to the federal Department of Labor. The survey that the Department uses to determine the official unemployment rates includes questions about disability for the first time. The DPC has posted a Q & A fact sheet to help make sense of the new rate at:
http://www.thearc.org/NetCommunity/Document.Doc?id=1481

Transportation
Amtrak submitted to Congress its detailed report on accessibility and compliance with the Americans With Disabilities Act of 1990 (ADA). Amtrak was required in the 2008 reauthorization to develop a report and plan for meeting the ADA deadline of having all their stations accessible by 2010. Amtrak did not provide a plan as required, but instead requested that the deadline be extended to September 30 2015 and called on Congress to provide significant funding to support the station accessibility improvements.

Technology
A bill to postpone the digital television (DTV) transition date passed in the House. The House passed the DTV Delay Act (S. 328) to extend the February 17th digital switch over until June 12th. This four month extension is intended to help transition the remaining 3 million households that are still unprepared for the analog to digital TV switch. The bill also extends the last day consumers can use the converter box coupons from March 31st to July 31, 2009. The $650 million available for additional converter box coupons remains in the Senate's version of the stimulus bill that is tentatively scheduled for a vote tomorrow.


Major Events Ahead

Economic Recovery
Today the Senate will vote on a motion to limit debate on the American Recovery and Reinvestment Act (S.1). Sixty votes are needed and it is expected that it will pass. If so, the Senate will vote on final passage of the legislation tomorrow. A House-Senate Conference Committee will then begin to resolve differences between the House and Senate bills. The goal is to complete Conference Committee deliberations and vote on final passage in both chambers by the President's Day recess which begins on February 13th. Many believe reaching that goal is highly unlikely.

Health Care
On Tuesday the Senate Budget Committee, chaired by Sen. Kent Conrad (D-ND) will hold a hearing on "Budget Options for Health Programs." For more information see:
http://budget.senate.gov/democratic/hearingstate.html

On Wednesday, the House Small Business Committee's Subcommittee on Rural and Urban Entrepreneurship, chaired by Rep. Heath Shuler (D-NC), will hold a hearing on "Competitive Bidding for Durable Medical Equipment." For more information see:
http://www.house.gov/smbiz/

Employment
On Thursday, the House Higher Education, Lifelong Learning and Competitiveness Subcommittee of the Education and Labor Committee is holding a hearing on "New Innovations and Best Practices Under the Workforce Investment Act." Among the witnesses will be Steve Wooderson, Iowa Vocational Rehabilitation Administrator. For more information see: http://edlabor.house.gov/hearings/2009/02/new-innovations-and-best-pract.shtml

Announcements

Information and Social Networking Resource
United Cerebral Palsy and UCP of New York City have made available My Child Without Limits, a comprehensive informational and social networking resource for caregivers of children ages 0-5 with developmental disabilities, and the professionals who work with them. The Web site currently includes information on developmental milestones, early intervention, education planning, family suport services, special needs planning, assistive technology, common treatments and therapies, and alternative treaments and therapies. See: http://www.mychildwithoutlimits.org

Employment
The Office of Disability Employment Policy (ODEP) just released two new fact sheets. Making Workplace Accommodations: Reasonable Cost, Big Benefits and Employee Assistance Programs for a New Generation of Employees: Defining the Next Generation have been posted on ODEP's Web page at http://www.dol.gov/odep

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Please note that you can view previous issues of the Capitol Insider, at thearc.org anytime by choosing "Capitol Insider" under "Public Policy."

National Rehabilitation Counseling Association (NRCA)
PO Box 4480
Manassas, VA 20108
703-361-2077 (voice)
703-361-2489 (fax)
(Office hours: Monday through Thursday; 8:00 a.m. - 4:00 p.m. EDT)
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