Autism Child Care Connection Network

Advocacy and Support for Individuals w/Autism and their Families

Capital Insider for 12/13 from Disability Policy Collaboration

Major Events Last Week

Social Security - Bills to provide one-time $250 payments to Social Security beneficiaries fail

The House and Senate both failed to pass legislation to grant people with disabilities, seniors, and other Social Security beneficiaries a one-time $250.00 payment that would have helped to offset the fact that there will be no cost of living adjustment in 2011 for the second year in a row. The House bill's vote of 254-153 was a majority, but did not meet the two-thirds majority necessary for the bill to be fast tracked on the suspension calendar. In addition, the companion Senate bill also failed to get 60 votes (53-45) to bring it to the floor for debate.

Medicare Payments - House passes bill to prevent Medicare physician payment cuts

The House on Thursday passed a bill to provide a one-year extension of Medicare physician payment rates which the Senate had cleared on Wednesday. The measure continues relief from planned payment cuts for physicians and other health providers. It costs $14.9 billion and is paid for by adjusting the Affordable Care Act low income subsidy provisions. This marks the first significant change to the new health care law. The President is expected to sign the bill.

Health Care Reform - Employer tax credit guidance released by IRS

The Internal Revenue Service released final guidance for small employers, including nonprofits, to use the health care tax credit. There is a new form 8941 which explains how to calculate the credit which can be claimed for eligible employers who provided health insurance in 2010. Non profit employers will use form 990-T to claim the credit. See:
http://www.irs.gov/newsroom/article/0,,id=231928,00.html?portlet=7.

Health Care Reform - The Arc and UCP submit comments on essential benefits

The Arc and UCP, in collaboration with the Consortium for Citizens with Disabilities (CCD), submitted extensive comments to the Institute of Medicine (IOM) on policy related to the essential benefits package in the ACA. The IOM has put together a panel to provide HHS with recommendations on how to implement this provision, including critical questions such as how to define "essential", what is medical necessity, how to prevent discriminating against people with disabilities and health conditions, and how to ensure that benefits are balanced among categories. CCD strongly supports having a robust essential benefits package which includes rehabilitation and habilitation services and devices, as well as mental health benefits. CCD also provided comments to the Centers on Medicare and Medicaid on the implementation of Accountable Care Organizations (ACO). ACOs are intended to create greater heath care efficiencies by having health care providers work together in new ways. Providers are incentivized to do this by sharing in the health care cost savings they achieve. CCD is concerned that people with greater health care needs will be underserved and urges that any savings be linked with improved patient outcomes. See our comments at:
http://www.thearc.org/document.doc?id=2865

FY 2011 Appropriations - House passes funding bill through Sept, 2011

The U.S. House of Representatives passed a FY 2011 Continuing Resolution (CR) that would keep the federal government open for the remainder of FY 2011 (through September 30, 2011). The CR would keep most programs frozen at FY 2010 levels with some notable exceptions related to disability. The Department of Health and Human Services would receive extra funding in order to implement the Affordable Care Act. The Social Security Administration (SSA) would receive additional funding to continue to reduce the delays in Social Security eligibility determinations. The sour economy has placed additional pressure on SSA with many additional Americans applying for benefits. The CR also includes a two year pay freeze for federal employees, except for military personnel.

Major Events Yesterday

Health Care Reform - Federal judge rules the Affordable Care Act unconstitutional

A federal judge upheld a constitutional challenge to the health care law brought by Virginia Attorney General Ken Cuccinelli, but denied an injunction to stop implementation of the law. The decision from U.S. District Court Judge Henry said the provision of the law that requires most individuals to get insurance or pay a fine by 2014 is an unprecedented expansion of federal power that cannot be supported by Congress's power to regulate interstate trade. He ruled that because the implementation dates is 2014 there was not cause to immediately stop implementation of the law. The decision will almost certainly be appealed. The constitutionality of the law will ultimately be determined by the U.S. Supreme Court. Meanwhile, legal arguments are scheduled to take place Thursday in a Florida courtroom regarding a separate challenge to the health overhaul. The Arc and United Cerebral Palsy (UCP) participated in an amicus brief supporting the ACA in the Virginia case. The judge in the Florida case refused to accept amicus briefs.

Major Events Ahead

Taxes - Senate expected to vote to extend Bush era tax cuts and unemployment insurance

The Senate is expected to vote today on a compromise tax deal that would extend for two years the expiring tax cuts for all Americans and extend several expiring corporate and individual tax breaks. Other major provisions include a one year reauthorization of federal unemployment insurance benefits and a continuation of the emergency unemployment compensation benefits and a payroll tax holiday during 2011 when individuals will pay two percentage points less on their Social Security payroll tax. While the compromise is expected to pass the Senate, its future in the House is less clear as there are strong objections to the estate tax provisions and the extension of the tax breaks to the highest income Americans. Liberals in both chambers have expressed concerns that the compromise goes beyond helping the middle class and provides too generous of benefits to the wealthy.

FY 2011 Appropriations - Senate continues developing an omnibus bill

Senate Appropriations Committee Chairman Daniel Inouye (D-HI) continues to put together a FY 2011 omnibus Appropriations bill. This bill is unlikely to gather the 60 votes necessary for passage. Failure to pass an omnibus appropriations bill will force the Senate to adopt a CR. Senate Democrats will likely seek a year-long CR such as the measure adopted by the House last week. Senate Republicans, however, are pushing for a shorter term CR to expire early in 2011 when the House will be controlled by the Republicans and the Senate minority will have 5 additional Republicans. Meanwhile, the current CR expires on December18 at the end of this week.

Announcements

ADA - DOJ to hold hearings on accessibility regulations

The US Department of Justice (DOJ) will hold public hearings concerning its plans to revise the Americans with Disabilities Act (ADA) regulations to address accessible web information and services, movie captioning and video description, accessibility of Next Generation 9-1-1, and accessible equipment and furniture. Hearings will be held on December 16, 2010, at the U.S. Access Board in Washington, DC and on January 10, 2011, at the Marriott Marquis in San Francisco, California. Registration information, hearing transcripts and webcasts of the hearings are available at:
http://www.ada.gov/anprm2010/anprm2010.htm.

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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."

If you have any questions, feel free to contact me at:
mailto:acosta@thedpc.org

Sincerely,

Annie Acosta
Director of Communications and Grassroots Advocacy
Disability Policy Collaboration