Capitol Hill Update, January 24, 2005
From The Disability Policy Collaboration,
info@thedpc.org :
VOLUME 10, ISSUE 4
JANUARY 24, 2005
MAJOR EVENTS LAST WEEK
* President Bush took the oath of office during his inauguration ceremony. His
inauguration address was bereft of any specifics on human services policy during
his second term. [For a transcript of his address, visit:
http://www.whitehouse.gov/news/releases/2005/01/20050120-1.html ]
* Margaret Spellings was confirmed as the Secretary of the Department of
Education by the U.S. Senate by voice vote just prior to the inauguration.
* Medicaid took center stage at the Senate Finance Committee's confirmation
hearing on the nomination of Gov. Michael O. Leavitt, President Bush's choice to
head the Department of Health and Human Services (HHS). Gov. Leavitt sidetracked
specific questions about potential Medicaid reform proposals but refused to rule
out cuts in the program. He stated that Medicaid is a "vital" program, but
argued that it is "inefficient" and that "[W]e can expand the number of people
we serve with the (sic) available resources". Several Committee members warned
the nominee of their serious concerns with any proposal that would impose a cap,
block grant or other limits on federal funding. Gov. Leavitt consistently
reiterated his belief that "mandatory populations should remain mandatory.
Optional coverage should remain optional. Optional populations should remain
optional." Several Committee members on both sides of the aisle raised concerns
about the transition of dual eligibles (those who receive both Medicare and
Medicaid benefits) from Medicaid prescription drug coverage to the new Medicare
Part D benefit next year. Gov. Leavitt said that implementation of the new
Medicare drug benefit would be HHS' highest priority this year.
* The leadership of the National Governors Association (NGA) held a private
meeting in Washington to discuss Medicaid reform proposals. NGA Chair Mark
Warner (D-VA) and Vice Chair Mike Huckabee (R-AR) and NGA Executive Committee
members Jennifer Granholm (D-MI), Tom Vilsack (D- IA), Jim Doyle (D- WI) Ed
Rendell (D-PA), Dirk Kempthorne (R-ID), Mike Rounds (R- SD), Kenny Guinn (R-NV),
and Mitt Romney (R-MA) were expected to attend either in person or by phone.
This group plans to meet frequently over the coming months due to their
bi-partisan concern over potential Administration and Congressional proposals to
limit the federal share of Medicaid spending.
* HHS' Centers for Medicare and Medicaid Services (CMS) issued final regulations
to implement the Medicare Prescription Drug Improvements and Modernization Act
of 2003 (MMA). The regulations, fact sheets on specific issues and other
background papers can be accessed at
http://www.cms.hhs.gov/medicarereform/pdbma/general.asp
* Secretary Tommy Thompson announced that HHS will distribute $643 million in
unspent federal State Children's Health Insurance Program (SCHIP) funds
allocated in 2002 to help some states prevent program budget shortfalls. These
funds will go to 28 states. A chart detailing the state distribution can be
accessed at
http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-1139.pdf
* The 109th Congress is preparing to tackle prisoner recidivism after a report
released last week by the government-funded Re-Entry Policy Council recommended
some systems' overhaul. According to the report, of the 650,000 people released
annually from state and federal prisons, 70% will commit new crimes within three
years. Studies have shown that for people with disabilities, recidivism rates
can be even higher, largely due to inadequate prison and community based
systems, particularly mental health and substance abuse services. While the
report does not specifically focus on offenders with disabilities, it says that
the vast majority of offenders returning from federal and state prisons aren't
receiving the help they need before their release from prison to address
problems they may have. Among the report's key recommendations is the
development of a plan for each prisoner providing specific services during
incarceration that will make the transition home more successful.
* Results were released last week from a nationwide survey on emergency
preparedness for people with disabilities conducted by Harris Interactive and
commissioned by the National Organization on Disability through a grant from the
U.S. Department of Homeland Security. Harris surveyed emergency managers in
states and large, mid-size, and small cities throughout the nation to determine
the degree to which jurisdictions had taken into account the needs of people
with disabilities in their emergency planning and to what extent they included
people with disabilities in the planning process. Sixty-nine per cent said they
had incorporated the needs of people with disabilities into their emergency
plans. An additional 22% said they have a plan under development. Still, the
survey found that among those who currently have a preparedness plan in
existence or under development, only 54% had plans for dealing with schools for
students with disabilities; 50% did not have a special needs registry that
includes people with disabilities; 59% did not have plans for pediatric
populations; and 76% did not have a paid expert to deal with emergency
preparedness for people with disabilities. Among all respondents, 39% had not
purchased specialized equipment; 36% said no special training had been offered,
and 73% said no funding had been received to address emergency planning for
people with disabilities. Additionally, only 42% said they had a public
awareness campaign directed at providing emergency information to people with
disabilities - with only 16% of those with a campaign making the plan available
in accessible formats. The survey also indicated that small, and in some cases
midsize, cities, include people with disabilities in their emergency plans to a
lesser extent than do large cities do.
* On February 28, the Supreme Court will hear oral arguments in Spector v.
Norwegian Cruise Line, a case concerning the application of the Americans with
Disabilities Act (ADA) to foreign cruise vessels sailing in U.S. waters. The
plaintiffs in the case are people with disabilities and their companions who
took cruises on Norwegian Cruise Line (NCL) ships sailing under the Bahamian
flag. The cruises originated in the Port of Houston, Texas and traveled to
foreign ports of call. Afterwards, the plaintiffs sued NCL, asserting that they
were discriminated against in violation of Title III of the Americans with
Disabilities Act (ADA). They alleged that physical barriers on the ships denied
them access to various equipment, programs, and facilities and sought injunctive
relief requiring NCL to remove certain barriers. The district court ruled that
foreign-flagged cruise ships are subject to Title III of the ADA. The Fifth
Circuit Court of Appeals reversed that decision saying that it found no
indication, either in the statutory text or in the ADA's extensive legislative
history, that Congress specifically intended Title III to apply to
foreign-flagged cruise ships. The Arc and United Cerebral Palsy both signed on
to Amicus Briefs in support of the plaintiffs.
MAJOR EVENTS AHEAD
* Both Houses of Congress begin an extended work schedule. Many Congressional
committees will hold their organizational meetings and several committees will
continue holding hearings and voting on Bush Cabinet nominees. The Senate
Finance Committee will vote on the nomination of Michael Leavitt as Secretary of
the Department of Health and Human Services and the Judiciary Committee is
scheduled to vote on the nomination of Alberto Gonzales as Attorney General. The
full Senate may vote on these nominations before the end of the week, as well as
that of Secretary of State nominee Condoleeza Rice.
* The Disability Policy Collaboration staff will participate in a day long
symposium being held by the Government Accountability Office (GAO) on issues
related to the implementation of the Unfunded Mandates Reform Act. GAO is
undertaking a study to provide the Congress with information on the
implementation of the Act. Disability groups are concerned that several key
disability laws (e.g. IDEA and ADA) are constantly referred to as unfunded
mandates even though they are essentially civil rights laws.
* The National Academy of Social Insurance will hold a policy seminar on January
26 to discuss a report entitled Uncharted Waters: Paying Benefits from
Individual Accounts in Federal Retirement Policy. This report considers some of
the payout issues that might arise from implementing a system of individual
accounts in the Social Security program. DPC staffer Marty Ford will be among
the panelists at this event.
* We expect legislation to be introduced soon, perhaps as early as this week, to
amend the Help America Vote Act (HAVA) to address concerns about voting
security, particularly the accuracy and accountability of electronic voting. In
the House, Representative Rush Holt (D-NJ) has said he will soon introduce his
Voter Confidence and Increased Accessibility Act, a bill similar to the one he
introduced during the 108th Congress requiring that Voter Verified Paper Ballots
be produced by every electronic machine. While the disability community has
actively participated in the discussions of paper ballot requirements, concerns
remain that access to independent and private voting for people with
disabilities could be at risk under such requirements. In the Senate, Senator
Christopher Dodd (D-CT) is reported to be working on a broader bill that may
find more favor among people with disabilities by giving every voter a choice of
methods (primarily paper or audio) by which she/he can verify the accuracy of
her/his vote. The disability community in general, however, favors not amending
HAVA at all this year, but rather allowing it to move toward full implementation
with the provisions it currently has in place. It is feared that any amendment
process could roll back implementation of HAVA's accessibility provisions,
delaying them beyond the January, 2006 deadline.
[The original version of this capitol update has been edited for
JFA. To access the original, visit the website below.]
For more information about The Disability Policy Collaboration:
The Disability Policy Collaboration
1660 L Street, NW, Suite 701
Washington, DC 20036
(202) 783-2229
(202) 783-8250 - Fax
info@thedpc.org
http://www.thearc.org/governmental-affairs.htm
Last Updated on
01/26/05
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