What’s Happening in Washington? Federal Disability Policy Updates
By Alison Barkoff and Erin Shea, Center for Public Representation
These past few months have seen a number of starts and stops in negotiations on a new Congressional COVID-19 relief package, and we expect a busy fall ahead as this Congress wraps up.
COVID-19 Response: Congressional Response: Congress passed three COVID-19 relief bills and an interim bill early this spring. In May, the House passed a new relief package, the HEROES Act, which included many disability priorities, most importantly, additional funding for the home and communitybased services (HCBS) on which many people with disabilities rely. However, the Senate declined to consider the HEROES Act and instead, Senate Republicans released their own proposals, the HEALS Act in July and the “skinny bill” in early September.
Read more about disability-related provisions included in the COVID-19 relief packages passed by Congress. Both proposals fail to include disability priorities, like HCBS funding. They also contain “liability shields” that would give any business, nonprofit, school or medical provider immunity from
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liability for significant harm related to COVID-19 in many cases. This would threaten the safety of people with disabilities and older adults in congregate settings; make it easier for employers to escape liability for discrimination and safety violations in the workplace; and allow businesses to refuse to accommodate people with disabilities. The Senate failed to pass the “skinny bill” in a vote in late September and negotiations appeared dead. But on October 1, the House passed a revised version of the HEROES Act. The bill includes increased funding for Medicaid and HCBS, as well as enhanced unemployment insurance; another round of recovery rebates; and funding for education, housing and food assistance. Negotiations between House leadership and the White House are continuing, but it remains unclear if or when the
Find more updates and details on the legislative proposals for COVID-19 relief package here.
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Senate will take up any new bill. For the latest updates and what you can do to ensure any future coronavirus relief bill includes disability priorities, check out our advocacy page.
Medical Rationing: We’ve previously discussed efforts to address disability discrimination in access to medical care during COVID-19, including complaints CPR and partners have filed with the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services. In August, OCR announced a resolution in response to a complaint filed by CPR and partners alleging that Utah’s Crisis Standard of Care Guidelines illegally excluded certain people with disabilities from accessing life-saving treatment like ventilators and deprioritized others based on their disabilities. The resolution for the first time makes clear that hospitals must provide information on the full scope of available treatment alternatives and cannot steer people towards or condition treatment on “do not resuscitate” (DNR) policies. It also weighs in on the discriminatory
