Vol. 22, Issue 3, 2021

COVID-19 INFORMATION & RESOURCES

Department of Health

The Pennsylvania Department of Health continues to monitor the ongoing situation with Coronavirus (COVID-19). To get the most accurate and up-to-date information including PA vaccine distribution plan, recommendations, closures, and statistics, visit: the Department of Health’s website.

Pennsylvania Departments of Health and Human Services would like to share resources surrounding COVID-19 vaccine information for individuals that have limited or no internet access. The following services are available to learn more about the COVID-19 vaccine, including locating a healthcare provider, by phone:

• If an individual does not have a direct support professional (DSP) that can provide them with the appropriate COVID-19 vaccine and healthcare provider information, they can call the PA Health Hotline at 1-877-724-3258.
• Persevere PA is a COVID-19 crisis hotline designed to link callers with counselors to assist with the mental health impacts of COVID-19. They can also assist a caller in finding a healthcare provider to administer the vaccine when their corresponding phase arrives. Call Persevere PA at 1-855-284-2494.
• When arranging for an individual who is deaf or hard of hearing to receive information via telephone, PA Relay Services are available by dialing 711.

Governor Wolf Announces “Vaccine or Test” Requirement for Commonwealth Employees in Health Care and High Risk Congregate Facilities 
Governor Tom Wolf announced that Commonwealth employees in state health care facilities and high-risk congregate care facilities were required to be fully vaccinated against COVID-19 by September 7, 2021. Individuals who are not vaccinated will be required to undergo weekly COVID-19 testing. Additionally, beginning September 7, all new external hires in these facilities must be vaccinated before commencing employment.  Click HERE to read more.

COVID-19 Pandemic Impact of the Pennsylvania IDA Workforce 
The Center for Disability Information (CDI) released the “COVID-19 Pandemic Impact on the Pennsylvania ID/A Workforce Crisis Report.” The report details the grim outlook of the pre-existing workforce crisis in the Intellectual Disability and Autism (ID/A) field, that has only been worsened by the pandemic. Seventy-four Pennsylvania agencies providing supports and services to individuals with ID/A completed the survey, representing 17,000 Direct Support Professionals (DSPs), or roughly 1/3 of all DSPs in Pennsylvania.”
You can read the report HERE.

Disability Rights Pennsylvania Vaccine Hotline Center

Disability Rights Pennsylvania is operating a Vaccine Hotline to assist Pennsylvanians with disabilities who are interested in getting the COVID-19 vaccine Monday – Friday 9 a.m. – 3 p.m. at 1 (833) 377-2829 or vaccine@disabilityrightspa.org.

Resources

• COVID-19 Materials for People with Intellectual and Developmental Disabilities and Care Providers – CDC Resources for People with IDD
• Jefferson Health Study – Individuals with ID at Great Risk from COVID-19 – an analysis from a national study confirming that those with intellectual disabilities (ID) are at greatest risk of death from COVID-19 after those of older age/elderly.
• Vaccinations: Unpaid Caregivers Attestation Information– a letter to verify eligibility for the vaccination.
• Article: Examining How Crisis Standards of Care May Lead to Intersectional Medical Discrimination Against COVID-19 Patients
• Article: New COVID-19 Response Legislation Finally Recognizes Urgent Needs of People with Disabilities
• Article: ADA Concerns Raised Over COVID-19 Vaccine Rollout – Disability Scoop
• PA COVID-19 Resources
• Multilingual Resources from PA Departments.
• Mental Health Information and Support .
• Plain Language Guides/Videos on the COVID-19 Pandemic
• Disability Rights Pennsylvania – COVID-19 Vaccination FAQ

UPDATES ON AMERICAN RESCUE PLAN ACT’S HOME AND COMMUNITY BASED SERVICES FUNDING

On September 1^st, Pennsylvania submitted an update to the Home and Community-Based Services (HCBS) spending plan and narrative to the Centers for Medicare and Medicaid Services (CMS).  Once CMS grants full approval of the spending plan, additional information will be shared regarding how the HCBS spending plan will be operationalized. To read more updates, visit HERE.

ANNOUNCING NEW DIRECTOR OF ODP BUREAU OF COMMUNITY SUPPORT

ODP is pleased to announce that Lauren House will be joining the ODP team July 26, 2021 as the Director for the Bureau of Community Services. Read the full article HERE.

PA GOP LAWMAKERS GO TO COURT TO CHALLENGE MAIL-IN VOTING

Fourteen Republican state lawmakers have filed a new lawsuit challenging Pennsylvania’s mail-in voting law, calling it unconstitutional and asking for it to be thrown out. To read more about the lawsuit, click HERE.

COMMUNITY OF PRACTICE FOR SUPPORTING FAMILIES REGIONAL COLLABORATIVE MAP UPDATED ON MyODP

The Regional Collaborative interactive map on Pennsylvania’s CoP for Supporting Families The Community of Practice webpage has been updated with contact information for each county as well as website/social media links, communication and meetings structure, goals, next steps or action plans, and community partners where available. You can read more HERE.

TREASURER STACY GARRITY AND SENATOR LISA BAKER DISCUSS ABLE ACCOUNTS

PA Treasurer Stacy Garrity and Senator Lisa Baker penned an op-ed discussing how ABLE accounts give people with disabilities the chance to save money for the future. You can read the article HERE.

MEDICALLY COMPLEX CHILDREN CAN’T GET HOME NURSING CARE IN PA
“The pay that they receive is not what they would receive with comparable education or training in a hospital setting,” Casey said. “So we got to do something about it. We can’t just throw up our hands and say ‘that’s unfortunate’.” You can read the article HERE.

BILLS OF INTEREST

Below we summarize some bills of interest to the disability community from the 2021-2022 Session. For more information about these bills or any other state legislative activity, go to https://www.legis.state.pa.us/.

HB 25. Introduced by Representative Michael J. Puskaric (R-Allegheny). This bill would repeal the mail-in voting provisions contained in Act 77 of 2019. Abolishing the No Excuse Mail in Vote. Referred to State Government, Jan. 11, 2021.

Impact: Would remove the ability for individuals with disabilities to enroll in mail-in voting. This would not remove the ability to apply for an absentee ballot.

HB 44. Introduced by Representative Seth M. Grove (R-York). This bill would further provide for establishment of value-based models relating to the Managed Care Organization Outcomes Program and for managed care organization Medicaid contracts. Referred to Health, Jan. 11, 2021.

Impact: Would provide incentives for hospitals and MCO’s to improve healthcare outcomes under Medicaid and establishes cost reduction targets for the Department of Human Services.

HB 45. Introduced by Representative Francis X. Ryan(R-Lebanon). This bill would merge eight existing state agencies into four new state agencies. These new agencies would be the Commonwealth Office of Management and Budget (OMB), the Department of Business, Tourism and Workforce Development (DBTWD), the Department of Local Government and Community Affairs (DLGCA) and the Department of Health and Human Services (DHHS). Each merger in the legislation will require the adoption of a strategic plan detailing how the agencies described in the legislation are to be combined. To provide adequate time to prepare for the mergers, the legislation gives seven months following the effective date to develop the strategic plan. Referred to State Government, Jan. 11, 2021.

Impact: Would merge the Department of Labor & Industry with functions from the Department of Community & Economic Development and the Department of State. It ensures economic development programs are under one department.

HB 47. Introduced by Representative Matthew D. Dowling (R-Fayette). This bill would merge eight existing state agencies into four new state agencies. These new agencies would be the Commonwealth Office of Management and Budget (OMB), the Department of Business, Tourism and Workforce Development (DBTWD), the Department of Local Government and Community Affairs (DLGCA) and the Department of Health and Human Services (DHHS). Each merger in the legislation will require the adoption of a strategic plan detailing how the agencies described in the legislation are to be combined. To provide adequate time to prepare for the mergers, the legislation gives seven months following the effective date to develop the strategic plan. Referred to State Government, Jan. 11, 2021. Reported as amended, Jan. 27, 2021. First consideration, Jan. 27, 2021. Laid on the table, Jan. 27, 2021.

Impact: Create the Department of Local Government and Community Affairs (DLGCA) to address local community needs and concerns.

HB 49. Introduced by Representative Paul Schemel (R-Franklin). This bill would merge eight existing state agencies into four new state agencies. These new agencies would be the Commonwealth Office of Management and Budget (OMB), the Department of Business, Tourism and Workforce Development (DBTWD), the Department of Local Government and Community Affairs (DLGCA) and the Department of Health and Human Services (DHHS). Each merger in the legislation will require the adoption of a strategic plan detailing how the agencies described in the legislation are to be combined. To provide adequate time to prepare for the mergers, the legislation gives seven months following the effective date to develop the strategic plan. Referred to State Government, Jan. 11, 2021.

Impact: Would merge the Department of Health and the Department of Human Services into one agency.

HB 50. Introduced by Representative Seth M. Grove (R-York). This bill would introduce a proposed constitutional amendment to require any supplemental spending to be approved in a standalone bill by the General Assembly. Referred to Appropriations, Jan. 11, 2021.

Impact: Would set forth a constitutional amendment process to require any supplemental spending to be approved in a standalone bill by the General Assembly.

HB 51. Introduced by Representative Timothy J. O’Neal (R-Washington). This bill is part of a Financial Reform Package. Referred to State Government, Jan. 11, 2021.

Impact: Would require any surplus funds to be deposited into the state’s Rainy-Day Fund. Deposits into the Rainy-Day Fund would continue until the state has saved an equivalent to 20% of the commonwealth’s total revenue collections.

HB 52. Introduced by Representative Andrew Lewis (R-Dauphin). This bill is part of a Financial Reform Package. Referred to State Government, Jan. 11, 2021.

Impact: Would establish a State Council on Finances which would consist of 12 members. These members would be the following individuals: Secretary of Revenue; Budget Secretary; The Auditor General; State Treasurer; Director of the Independent Fiscal office; The Minority Chairperson of the Senate Appropriation Committee; The Majority Chairperson of the Senate Appropriation Committee; The Minority Chairperson of the House Appropriation Committee; The Majority Chairperson of the Senate Appropriation Committee; An individual with a background in private or public finance appointed by the governor; An individual with a background in private or public finance appointed by the President Pro-Tempore of the Senate; An individual with a background in private or public finance appointed by the Speaker of the House.

HB 53. Introduced by Representative Dawn W. Keefer (R-York). This bill is part of a Financial Reform Package. Referred to Appropriations, Jan. 11, 2021.

Impact: Would amend the Commonwealth’s Constitution to prevent the creation or use of special funds except for the following reasons: Motor License Fund; Unemployment Compensation Fund; Workers Compensation Fund; State Pension system; ABLE Accounts; TAP Accounts; Any fund paid into by a specific industry for a specific industry.

HB 71. Introduced by Representative Ryan Warner (R-Fayette). This bill would establish spending limits that the Commonwealth must abide by each fiscal year. The proposed constitutional amendment would limit the amount the Commonwealth’s spending may increase, based on a three-year average of the Commonwealth’s inflation and population growth. Referred to State Government, Jan. 11, 2021. Laid on the table, Jan. 13, 2021.

Impact: Would amend the Pennsylvania Constitution to establish spending limits that the Commonwealth must abide by each fiscal year.

HB 85. Introduced by Representative Dan L. Miller (D-Allegheny). This bill would provide for students with disabilities at institutions of higher education. Referred to Education, Jan. 11, 2021.

Impact: Would improve the transition to post-secondary schools for students with disabilities by incorporating parts of Senator Bob Casey’s federal RISE (Respond, Innovate, Succeed and Empower) Act.

HB 87. Introduced by Representative Dan L. Miller (D-Allegheny). This bill would provide for legislative findings and declarations, for definitions, for Statewide Independent Living Council (SILC), for powers and duties, for State plan, for grants and funding and for compliance with standards; repealing provisions relating to assurances of centers for independent living; further providing for allocation of funds by designated State agencies; and making an appropriation. Referred to Human Services, Jan. 11, 2021.

Impact: Would institute updates and changes to Act 139 of 1994 that will modernize its language to be in lockstep with the Federal Workforce Investment Opportunity Act (WIOA). These changes include updated guidance on Pennsylvania Statewide Independent Living Council (PA SILC) board composition, the role of the DSE with PA SILC and CILs, addition of the 5th core services for CILS of transition (youth, institutional settings), federally funded CILs already are required to do this service per WIOA) and a new base level for funding of ($350,000).

HB 89. Introduced by Representative Dan L. Miller (D-Allegheny). This bill would require pharmacies to make accessible prescription drug container labels available to individuals who are deafblind and visually-impaired when requested. These labels will be available, at no cost to the consumer, in audio, braille, and large font formats. This measure is modeled off of the best practices released by the United States Access Board in 2013, and will enable individuals with visual impairments to manage their medications securely, independently, and privately. Referred to Health, Jan. 11, 2021.

Impact: Would require pharmacies to make accessible prescription drug container labels available to individuals who are deafblind and visually-impaired when requested. These labels will be available, at no cost to the consumer, in audio, braille, and large font formats.

HB 92. Introduced by Representative Dan L. Miller (D-Allegheny). This bill would provide for intellectual disability and autism fee schedule rates. Referred to Human Services, Jan. 11, 2021.

Impact: Would amend the Human Services Code requiring that rates for Direct Support Professionals annually be set based on a national market consumer index.

HB 94. Introduced by Representative Dan L. Miller (D-Allegheny). This bill would provide for definitions and for medical excuses from attending school. Referred to Education, Jan. 11, 2021.

Impact: Would allow for valid medical excuses submitted in a timely manner to not be considered an unexcused absence and lead to medical truancy.

HB 102. Introduced by Representative Dan L. Miller (D-Allegheny). This bill would provide access to trained, professional support services in every school district across the Commonwealth. Referred to Education, Jan. 11, 2021.

Impact: Would require school districts to evaluate their needs based on school population and requires a necessary complement of school counselors, psychologists, social workers, and nurses to ensure that access to help is not a problem and that case load management is not an issue.

HB 108. Introduced by Representative Valerie S. Gaydos (R-Allegheny). This bill would reform state government operations including Medicaid. This package will codify the grand jury recommendations along with enacting statutes which mirror federal law to allow the commonwealth to combat fraud in Medicaid and the rest of state government while recouping state tax dollars. Referred to State Government, Jan. 11, 2021. Third consideration and final passage, Jan. 27, 2021. Referred to State Government, Jan. 28, 2021 [Senate].

Impact: Would require agencies to review their programs and expenditures and assess whether they are highly, moderately or unlikely to be susceptible to an improper payment.

HB 109. Introduced by Representative Clint Owlett (R-Tioga).This bill would reform state government operations including Medicaid. This package will codify the grand jury recommendations along with enacting statutes which mirror federal law to allow the commonwealth to combat fraud in Medicaid and the rest of state government while recouping state tax dollars. Referred to Human Services, Jan. 11, 2021.

Impact: Would increase the penalties for making a false claim against the commonwealth’s Medicaid Program under Section 1407 of the Human Services Code. Under this bill the penalty for knowing or causing a fraudulent claim to be submitted would commit a felony of the second degree if the fraudulent claim is $100,000 or more.  If the claim is between $2,000 and $100,000 the penalty for the fraudulent claim would be a third-degree felony. If the claim is $2,000 or less the penalty would be a third-degree misdemeanor.

HB 114. Introduced by Representative Dan L. Miller (D-Allegheny). This bill would adopt a streamlined hiring and promotion process for qualified individuals with significant disabilities whose physical or mental impairments impact their ability to participate in the competitive hiring and promotion process. Referred to Labor and Industry, Jan. 11, 2021.

Impact: Would amend Part III of Title 71 of the Pennsylvania Code (Civil Service Reform), an appointing authority may non-competitively appoint an individual with a significant disability to a temporary position when it is necessary to observe an applicant on the job to establish that the applicant is able or ready to perform the duties of the position (trial work period).  

HB 217. Introduced by Representative Stanley Saylor (R-York). This bill would provide for additional appropriations from the General Fund for the expenses of the Executive Department for the fiscal year July 1, 2021, to June 30, 2022. Referred to Appropriations, Jan. 22, 2021. Re-committed to Appropriations, Jan. 27, 2021.

Impact: Would appropriate General Funds for the fiscal year July 1, 2021 – June 30, 2022.

HB 218. Introduced by Representative Stanley Saylor (R-York). This bill would provide for additional appropriations from the General Fund for the expenses of the Executive Department for the fiscal year July 1, 2020, to June 30, 2021. Referred to Appropriations, Jan. 22, 2021.

Impact: Would appropriate General Funds for the fiscal year July 1, 2021 – June 30, 2022.

HB 250. Introduced by Representative Dan L. Miller (D-Allegheny). This bill would amend the Public School Code to add curriculum requirements for Health classes across Pennsylvania to educate students in an age-appropriate manner about mental health, physical disabilities, and developmental disabilities. Referred to Education, Jan. 25, 2021.

Impact: Would require the Department of Education to create curriculum for Health classes that will educate students in an age-appropriate manner about mental health, physical disabilities, and developmental disabilities.

HB 404. Introduced by Representative John T. Galloway (D-Bucks). This bill would provide for Statewide children’s mental health ombudsman. Referred to Human Services, Feb. 4, 2021.

Impact: This legislation would designate an official be tasked with the following responsibilities: will have the authority to advocate on behalf of children with mental disorders; identify barriers to effective mental health treatment; monitor compliance with laws pertaining to children’s behavioral health services; and investigate and attempt to resolve complaints regarding violations by an entity regulated by the State which have an adverse effect upon children.

HB 407. Introduced by Representative John T. Galloway (D-Bucks). This bill would establish the School Student Mental Health Assistance Augmentation Account and provide grants to support school-linked mental health services. Referred to Education, Feb. 4, 2021.

Impact: This legislation would provide for grants to be established to support school-aligned mental health services. These grants can be used by school entities to identify and diagnose mental health conditions among students, fund transportation for children receiving school-linked mental health services when school is out of session, and cover costs associated with delivering telemedicine to school children.

HB 409. Introduced by Representative John T. Galloway (D-Bucks). This bill would establish a mental health care services clearinghouse. This clearinghouse will serve as a publicly accessible registry of mental health care resources available across the Commonwealth and will accordingly assist school personnel in connecting families to community mental health resources. Referred to Human Services, Feb. 4, 2021. Final passage, June 14, 2021. Referred to Senate Health and Human Services June 14, 2021.

Impact: Streamlines and makes a publicly accessible site for information on mental health care services that are available in Pennsylvania. This clearinghouse would increase coordination efforts among schools, communities, and mental health providers.

HB 411. Introduced by Representative Dan L. Miller (D-Allegheny). This bill would require state-owned buildings and certain places of public accommodation, including auditoriums, convention centers, sports arenas, and amusement parks with a maximum occupancy of 2,000 or more people, to install and maintain at least one adult changing station. Referred to Labor and Industry Committee, Feb. 4, 2021.

Impact: Would require state-owned buildings and certain places of public accommodation, including auditoriums, convention centers, sports arenas and amusement parks with a maximum occupancy of 2,000 or more people, to install and maintain at least one adult changing station.

HB 464.  Introduced by Representative Karen Boback (R-Columbia). This bill would provide for a primary caregiver support program and caregivers of individuals with disabilities. Referred to House Aging and Older Adult Services, Feb. 9, 2021. Final passage, April 6, 2021. Referred to Senate Aging and Youth, April 9, 2021. Final passage, June 8, 2021. Approved by the Governor, June 11, 2021 becoming Act No. 20.

Impact: Expands the Family Caregiver Support Program to include caregivers for individuals with disabilities to be eligible for respite and caregiving related service supplies.

HB 493. Introduced by Representative Liz Hanbidge (D-Montgomery). This bill would require health insurance policies to provide coverage for hearing aids and a resolution that would urge Congress to expand Medicare coverage to include hearing aids. Referred to Insurance, Feb. 10, 2021.

Impact: Would require health insurance policies to provide coverage for hearing aids and a resolution that would urge Congress to expand Medicare coverage to include hearing aids. 

HB 540. Introduced by Representative Karen Boback (R-Columbia). This bill would provide for youth suicide awareness and prevention and providing for violence prevention and social inclusion. Referred to Education, Feb. 16, 2021.

Impact: Would require schools to implement at least one hour or a standard class period per year of suicide prevention & training, violence prevention training and social inclusion training to students in grades six through twelve.

HB 543. Introduced by Representative Karen Boback (R-Columbia). This bill would amend the Unemployment Compensation (UC) Law to allow for reasonable accommodations to be made for individuals with a disability who are required to take the reemployment class. Referred to Labor and Industry, Feb. 16, 2021.

Impact: Would amend the Unemployment Compensation (UC) Law to allow for reasonable accommodations to be made for individuals with a disability who are required to take the reemployment class. 

HB 547. Introduced by Representative Dan L. Miller (D-Allegheny).  This bill would create the Department of Accessibility & Inclusion. Referred to State Government, March 2, 2021.

Impact: Would consolidate several existing programs under a new Department of Accessibility and Inclusion and create a secretary position to serve on the governor’s cabinet.

HB 611. Introduced by Representative Austin A. Davis (D-Allegheny). This bill would establish the Direct Care Worker Wage Advisory Board and provides for its powers and duties; providing for minimum wage for direct care workers and for a direct care worker registry; and imposing penalties. Referred to Labor and Industry, Feb. 24, 2021.

Impact: Would direct the state’s Secretary of Human Services to create a Direct Care Worker Wage Board. This board would meet to set a minimum wage for direct care workers, examine ways to grow this field, hear complaints from workers, and create a registry of direct care workers in the state. 

HB 621. Introduced by Representative Brandon Markosek (D-Allegheny). This bill would provide special absentee ballots printed in Braille to qualified voters who submit a written request for a special ballot. Referred to State Government, Feb. 24, 2021.

Impact: Would require the Department of State to provide special absentee ballots printed in braille to qualified voters who submit a written request for a special ballot.

HB 640. Introduced by Representative Daniel Miller (D-Allegheny) and Representative Patty Kim (D-Dauphin). This bill would allow students who were enrolled in school with an active IEP when the COVID-19 state of emergency was declared by Governor to continue to be eligible services under Section 1301 of the School Code until twelve months after the expiration of the emergency declaration. Referred to Education Committee, March 11, 2021.

Impact: Would allow parents to decide if their child who is aging out of special education services participates in an additional year to address the loss of supports and transition services during COVID-19.

HB 649. Introduced by Representative Kathy L. Rapp (R-Warren). This bill would provide for access to long-term care facilities for essential caregivers, for additional safety requirements for residents of long-term care facilities, for suspension of access for essential caregivers and for personal protective equipment for essential caregivers. Referred to House Aging and Older Adult Services, Feb. 24, 2021. Final passage, March 24, 2021. Referred to Senate Aging and Youth, March 25, 2021. Final passage, June 16, 2021. Approved by Governor, July 1, 2021. Act.No.67.

Impact: Would allow a designated essential caregiver to be named for each resident of a long-term care facility.

HB 694. Introduced by Representative Carol Hill-Evans (R-York). This bill would address the overall needs, including mental health, of students to prevent school dropouts. Referred to Education, Feb. 26, 2021.

Impact: Would assist public schools in procuring the services of non-profit organizations that provide evidence-based student support services to help students remove barriers to learning. Specifically, it will create a program that would allocate grants to schools to be used solely for services addressing the overall needs, including mental health, of students to prevent school dropouts.

HB 784. Introduced by Representative Tim Briggs (D-Montgomery). This bill would requires the addition of mental health education into existing health and wellness curricula for all primary and secondary schools under the jurisdiction of the Department of Education.  Mental health education will be taught in order to establish parity between physical and mental health. Referred to Education, March 8, 2021.

Impact: Would require the addition of mental health education into existing health and wellness curricula for all primary and secondary schools under the jurisdiction of the Department of Education.

HB 806. Introduced by Representative Joe Ciresi (D-Montgomery). This bill would create an Education Reform Commission. The commission will conduct a comprehensive study and make concrete recommendations on various educational topics including equal access to education for all students. Referred to Education, March 8, 2021.

Impact:  Would create an Education Reform Commission tasked with performing an in-depth study of the current educational needs in Pennsylvania, projecting out those needs over the next 25 years, and determining what can and should be done to help reform the current education system and prepare Pennsylvania for the future.

HB 816. Introduced by Representative P. Michael Sturla (D-Lancaster). This bill would include trauma as a factor in the school funding formula and removing significant barriers to learning. Referred to Education, March 8, 2021.

Impact: Would include chronic absenteeism, homelessness, and students living in foster care, definitive proxies of trauma that school districts are already mandated to measure, in the school funding formula based on the recommendations of the 2015 Basic Education Funding Commission Report.

HB 841. Introduced by Representative Anthony M. DeLuca (D-Allegheny). This bill would further provide rights and remedies of persons in mental health treatment. Referred to Human Services, March 9, 2021.

Impact: Would codify that mental health patients have the right to be free from abuse, neglect, and exploitation.

HB 893. Introduced by Representative Liz Hanbidge (D-Montgomery). This bill would allow an election official to bring a paper ballot – or portable voting machine when available – to any voter outside the physical polling place who has a physical, emotional, intellectual, developmental disability or short-term inability that would preclude them from easily accessing voting machines. Referred to State Government, March 15, 2021.

Impact: Would allow an election official to bring a paper ballot – or portable voting machine when available – to any voter outside the physical polling place who has a physical, emotional, intellectual, developmental disability, or short-term inability that would preclude them from easily accessing a voting machine.

HB 909. Introduced by Representative Melissa Shusterman (D-Chester) and Representative Jessica Benham (D-Allegheny). This bill would allow parents of students with IEPs to repeat a school year or students who are aging out of services to opt-in for an additional year due to loss of learning during COVID-19. Referred to Education Committee, March 15, 2021.

Impact: Would allow parents to decide if their child with an IEP repeats the school year to address the loss of educational supports and services during COVID-19.

HB 1012. Introduced by Representative Timothy J. O’Neal (R-Washington). This bill intends to preserve access to ventilator care in Pennsylvania by dedicating additional Medicaid funding to those facilities already demonstrating a significant commitment to caring for these Pennsylvanians. Referred to House Human Services March 25, 2021. Final passage, June 8, 2021. Referred to Senate Human Services June 9, 2021. Companion Bill SB 959, introduced by Senator Camera Bartolotta (R-Beaver).

Impact: Provides increased Medicaid funding to facilities that offer ventilator care in the Commonwealth to address an access to care crisis and incentives for facilities to expand geographic access. This will expand the ability for these care facilities to assist more individuals throughout the state.

HB 1016. Introduced by Representative Anthony M. DeLuca (D-Allegheny). This bill would provide for departmental powers and duties as to small personal care homes. Referred to Health, March 29, 2021. 

Impact: Would extend two provisions of current regulations to small personal care homes to provide the Department of Human Services to inspect such facilities at least once annually unannounced, and those responsible for the small personal care home will be required to submit to a criminal background check. All small personal care homes will be registered.

HB 1115. Introduced by Representative Kate A. Klunk (R-York). This bill would provide for definitions and for medical assistance benefits for workers with disabilities and workers with medically improved disabilities. Referred to Health, April 7, 2021. Companion bill SB 156.

Impact: Would create a new category under MAWD that would allow for a higher earning level for an individual with disabilities who has participated in the MAWD program for the previous 12 consecutive months. Under this new category, individuals would contribute a larger percentage towards their medical assistance benefits and still be able to retain access to their benefits.

HB 1313. Introduced by Representative Michael J. Driscoll (D-Philadelphia). This bill would require wheelchairs and other electrical mobility devices to have red reflectors that will make them more visible to drivers. Referred to Transportation, April 30, 2021.

Impact: Would require wheelchairs and other electrical mobility devices to have red reflectors that will make them more visible to drivers in order to minimize tragic accidents.

HB 1329. Introduced by Representative Jason Ortitay (R-Allegheny). This bill would require employers receiving tax credits, outside of educational tax credits, to implement a hiring program for individuals with disabilities. Referred to Finance, May 5, 2021.

Impact: Would require employers receiving tax credits, outside of educational tax credits, to implement a hiring program for individuals with disabilities.

HB 1429. Introduced by Representative Lynda Schlegel Culver (R-Northumberland). This bill would provide for the offense of financial exploitation of an older adult or care-dependent person. Referred to House Aging and Older Adult Services, May 17, 2021. Final passage, June 15, 2021. Referred to Senate Judiciary, June 17, 2021. Presented to the Governor, June 28, 2021.

Impact: Would give the Attorney General’s office concurrent jurisdiction to investigate individuals who use their position of trust to financially exploit older adults and care-dependent people.

HB 1431. Introduced by Representative Kate A. Klunk (R-York). This bill would provide for the offense of abuse of care-dependent person. Referred to House Aging and Older Adult Services, May 17, 2021. Final passage, June 15, 2021. Referred to Senate Judiciary, June 17, 2021. Presented to the Governor, June 28, 2021.

Impact: Would establish abuse of social media by employees who post pictures of care dependent individuals without permission and categorize the crime as a misdemeanor

HB 1500. Introduced by Representative Kate Klunk (R-York). This bill would amend the Abortion Control Act to prohibit the abortion of any child solely due to a diagnosis of possible Down Syndrome. Referred to House Health, May 19,2021. Final Passage, June 8, 2021. Referred to Senate Health and Human Services, June 9, 2021. First Consideration, June 21,2021.

Impact: Would expand the current law to include the exception that a woman can obtain an abortion prior to 24 weeks gestational age for any reason if a physician deems it is necessary, except if the decision is due to a prenatal diagnosis that the unborn child has Down Syndrome.

HB 1566. Introduced by Representative Dan L. Miller (D-Allegheny). This bill would make an appropriation from the General Fund to the Department of Labor and Industry, Office for the Deaf and Hard of Hearing, for the purpose of a Statewide program to facilitate communication for individuals who are deafblind for the fiscal year beginning July 1, 2021. Referred to Appropriations, June 25, 2021.

Impact: Would appropriate money from the General Fund during the 2021-2022 fiscal year for Office for the Deaf and Hard of Hearing, a statewide program to facilitate communication for individuals who are deafblind.

HB 1749. Introduced by Representative Rosemary Brown (R-Monroe). This bill would apply the Special Education Funding Formula to Cyber & Charter Schools. Referred to Education, July 20, 2021.

Impact: Would take the suggestion of the Special Education Funding Commission and apply the same special education funding principles used to distribute state special education funding to school districts, in the calculation used to determine a school district’s tuition payment for a special education student enrolled in a charter school.

HB 1783. Introduced by Representative Stephen Kinsey (D-Philadelphia). This bill would amend the Public School Code by adding dyslexia to what constitutes a disability. Referred to Education, Aug. 12, 2021.

Impact: Would amend the public school code by recognizing dyslexia as a disability, which would require schools to provide students with a diagnosis to receive specially designed instruction.

HB 1809. Introduced by Representative Jason Ortitay (R–Washington) and Representative Joseph Hohenstein (D-Philadelphia). This bill would establish the Disability Inclusive Curriculum Pilot Program for K-12 students. Referred to Education, Aug. 31, 2021.

Impact: Would implement a pilot program for schools to introduce a disability inclusive curriculum that political, economic and social contributions of individuals with disabilities.

HB 1828. Introduced by Representative Bridget M. Kosierowski (D-Lackawanna). This bill would establish to better enable healthcare consumers to access quality and affordable healthcare and health insurance. Referred to Health, Sept. 1, 2021.

Impact: Would establish the Office of Healthcare Consumer Advocate, which will coordinate amongst, provide assistance to, and collect data from patient assistance programs and consumer help centers to better enable healthcare consumers to access quality and affordable healthcare and health insurance.

SB 40. Introduced by Senator Kristin Phillips-Hill (R-York). This bill would integrate behavioral health and physical health services in Pennsylvania’s Medicaid program, HealthChoices. Referred to Health and Human Services, Jan. 20, 2021.

Impact: Would coordinate mental health, substance abuse and primary care services in an effort to produce the best outcomes and best care for people with complex health needs.

SB 44. Introduced by Senator Katie J. Muth (D-Berks). This bill would provide emergency relief to those who previously received support through General Assistance. Referred to Health and Human Services, March 15, 2021.

Impact: Would establish the Emergency Relief Program, which is temporary emergency assistance for the most vulnerable populations with immediate and urgent needs. Specifically, Emergency Relief goes to people with disabilities who cannot work, people in treatment for a substance use disorder, orphaned children cared for by neighbors or friends, people fleeing domestic violence, qualified veterans or people caring for someone with a disability.

SB 94. Introduced by Senator Mario M. Scavello (R-Monroe). This bill would provide for a loan forgiveness program for qualified college graduates entering the mental health, intellectual disability and drug and alcohol treatment professions. Referred to Education, Jan. 22, 2021.

Impact: Would provide for a loan forgiveness program for qualified college graduates entering the mental health, intellectual disability and drug and alcohol treatment professions.

SB 108. Introduced by Senator Camera Bartolotta (R-Beaver). This bill would intend to preserve access to ventilator care in Pennsylvania by dedicating additional Medicaid funding to those facilities already demonstrating a significant commitment to caring for these Pennsylvanians. Referred to Health and Human Services, Jan. 22, 2021. Final passage, April 28, 2021. Referred to House Health and Human Services, April 29, 2021. Final passage, June 25, 2021. Presented to the Governor, June 26, 2021. Companion Bill HB 1012, introduced by Representative Timothy J. O’Neal (R-Washington).

Impact: Provides increased Medicaid funding to facilities that offer ventilator care in the Commonwealth to address an access to care crisis and incentives for facilities to expand geographic access. This will expand the ability for these care facilities to assist more individuals throughout the state.

SB 156. Introduced by Senator Bob Mensch (R-Berks). This bill would allow individuals with disabilities to increase earnings under a new category of MAWD, called Workers with Job Success (WJS). Referred to Health and Human Services, Feb. 2, 2021. Final passage, May 11, 2021. Referred to House Health May 17, 2021. Final passage, June 25, 2021. Signed by the Governor, July 1, 2021, Act No. 69.

Impact: Would create a new category under MAWD that would allow for a higher earning level for an individual with disabilities who has participated in the MAWD program for the previous 12 consecutive months. Under this new category, individuals would contribute a larger percentage towards their medical assistance benefits and still be able to retain access to their benefits.

SB 195. Introduced by Senator Judy Ward (R-Blair). This bill would revise the Caregiver Support Program (CSP) to enhance the services provided to families and caregivers. Referred to Aging and Youth, Feb. 10, 2021.

Impact: Would update the PA Family Caregiver Support Act in the following ways: removes the statutory Caregiver Support Program (CSP) monthly care plan cost cap, allowing it to be set by the department; removes the $300 monthly aggregate average reimbursement limit for all CSP cases; removes the CSP home modification lifetime limit, allowing it to be set by the department; and updates terminology and definitions to include caregivers of individuals with disabilities. 

SB 255. Introduced by Senator Patrick Browne (R-Lehigh). Budget bill for fiscal year July 1, 2021, to June 30, 2022. Referred to Appropriations, Feb. 22, 2021. Presented to the Governor, June 28, 2021. Approved by the Governor, June 30, 2021 becoming Act No. 1A.

Impact: Establishes the appropriation of funding from the General Fund for the 2021-2022 State Budget. 

SB 367. Introduced by Christine M. Tartaglione (D-Philadelphia). This bill would create the Office for People with Disabilities within and to be administered by the Office of the Governor and make the office permanent by statute. Referred to State Government, March 12, 2021.

Impact: Would permanently establish the Office for People with Disabilities within and to be administered by the Office of the Governor.

SB 404. Introduced by Senator Lisa M. Boscola (D-Lehigh). This bill would provide for voter’s bill of rights. Referred to State Government, March 11, 2021.

Impact: Would create a Statement of Voter’s Rights and require that the State of Voter’s Rights be visible in all voter registration offices and polling places.

SB 427. Introduced by Senator John R. Gordner (R-Columbia). This bill would amend the Pennsylvania Affordable Housing Act to reestablish an exemption to state prevailing wage rates for certain federally funded housing grants. Referred to Urban Affairs and Housing, March 15, 2021.

Impact: Would amend the Pennsylvania Affordable Housing Act to reestablish an exemption to state prevailing wage rates for certain federally funded housing grants.

SB 474. Introduced by Senator Michele Brooks (R-Crawford). This bill would allow constituents to obtain a disability placard in their respective legislative district offices rather than waiting to receive them in the mail. Referred to Transportation, March 23, 2021.

Impact: Would allow individuals to obtain handicap parking placards in their respective legislative district offices rather than receiving them in the mail from PennDOT.

SB 664. Introduced by Senator Jake Corman (R-Centre). This bill would all students aging out of the special education system during the 2020-2021 school year to receive an additional year and allows any K-12 student the ability to repeat their grade level in the 2021-2022 school year due to the impact of COVID-19. Referred to Senate Education, May 7, 2021. Final Passage, May 12, 2021. Referred to House Education, May 17, 2021. Final Passage with amendments, June 23, 2021. Senate Concurrence Vote, June 24, 2021. Signed by Governor Wolf, June 30, 2021, becoming Act No. 66.

Impact: Would allow a students aging out of the special education system during the 2020-2021 school year the ability to attend the 2021-2022 school year to address loss of transition services during COVID-19. Also, will enable parents to elect to have their K-12 child repeat their grade level in the 2021-2022 school year.

SB 704. Introduced by Senator Lisa Baker (R-Lackawanna). This bill expands the crime of institutional sexual assault. Referred to Senate Judiciary, May 21, 2021. Second Consideration, June 25, 2021.

Impact: Would expand the crime of institutional sexual assault to include those who provide care to care-dependents individuals. Specifically, it would close the loophole for caregivers to use the defense of “consent” when they sexually assault an individual who is care-dependent and they are providing services to.

SB 705. Introduced by Senator Elder Vogel (R-Beaver). This bill would allow for the continuation of the use of Telemedicine in the Commonwealth. Referred to Banking & Insurance, May 21, 2021. Second Consideration, Sept. 29, 2021.

Impact: Would define telemedicine, offering guidelines outlining who can provide telemedicine services, and providing clarity around insurance company reimbursement for these services.

SB 829. Introduced by Senator John T. Yudichak (D-Carbon). This bill would establish the Livable Home Tax Credit. This legislation will benefit residents, especially senior and disabled residents, who seek to make home modifications that would improve accessibility and enable them to remain at their current residence. Referred to Finance, July 26, 2021.

Impact: Would establish the Livable Home Tax Credit, which will allow eligible homeowners may receive a tax credit up to $2,000 for accessibility features in a new residence or 50% of the amount expended (up to $2,000) to complete renovations to an existing residence. During the second year of the program, the maximum tax credit would increase to $5,000. This proposal would cap the amount of credits awarded under this article at $1 million.

SB 844. Introduced by Senator John Kane (D-Chester). This bill would establish student Mental Health Days. Referred to Education, Aug. 27, 2021.

Impact: Would allow students to take excused absences for mental health reasons. The number of mental health days will be equal to the number of excuses for nonattendance authorized by the school district for a physical reason.

SB 878. Introduced by Senator Dave Argall (R-Schuylkill) and Senator Sharif Street (D-Philadelphia). This bill will implement recommendations for Election Reform. Referred to State Government, September 17, 2021.

Impact: Would implement reforms recommended following the hearings on the 2020 Election. Key issues addressed are: pre-canvassing mail-in ballots, tracking mail-in ballots, counting mail-in ballots, counting mail-in ballots, application deadlines for mail-in ballots, elimination of permanent mail-in list, real-time reporting of deceased voters, drop boxes, and training election workers.

Resolutions

HR 47. Introduced by Representative Melissa L. Shusterman (D-Chester). This resolution would increase the fee paid to guardians from $100 to $300. Referred to Judiciary, Feb. 9, 2021.

HR 49. Introduced by Representative Francis X. Ryan (R-Lebanon). This resolution urges Congress of the United States to fund the costs associated with special education. Referred to Education, Feb. 10, 2021.

HR 50. Introduced by Representative Liz Hanbidge (D-Montgomery). This resolution urges Congress to expand Medicare coverage to include hearing aids. Referred to Insurance, Feb. 10, 2021.

HR 54. Introduced by Representative Brian Sims (D-Philadelphia). This resolution recognizes discrimination against women, people of color, LGBTQ+ people, people with disabilities and other marginalized groups as a public health issue threatening the safety of Pennsylvanians. Referred to Health, Feb. 17, 2021.

HR 72. Introduced by Representative P. Michael Sturla (D-Lancaster). This resolution would conduct a comprehensive study to find an age-appropriate measuring tool that our 500 school districts can use to measure, track, and combat trauma with the necessary support services. Referred to Education, March 8, 2021. 

HR 138. Introduced by Representative Karen Boback (R-Luzerne). This resolution directs the Joint State Government Commission to study special education lawsuits in our Commonwealth. Referred to Education, September 15, 2021.

SR 39. Introduced by Senator Scott Martin (R-Lancaster). This resolution designates March 21, 2021 as “World Down Syndrome Day” in Pennsylvania. Referred to Rules & Executive Nominations Committee, March 11, 2021.

SR 140. Introduced by Christine M. Tartaglione (D-Philadelphia). This Resolution designates June 21 through June 30, 2021, as Disability Pride Week in Pennsylvania. This week is designed to change the way people think about and define “disability.” Referred to Rules and Executive Nominations, June 24, 2021.

SR 175. Introduced by Senator Christine Tartaglione (D-Philadelphia). This resolution would recognize October 2021 as Disability Employment Awareness Month in Pennsylvania. Referred to Rules and Executive Nominations Committee, September 19, 2021.

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PRESIDENT BIDEN ANNOUNCES NEW VACCINE REQUIREMENTS

The Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. OSHA will issue an Emergency Temporary Standard (ETS) to implement this requirement. This requirement will impact over 80 million workers in private sector businesses with 100+ employees.

The Centers for Medicare & Medicaid Services (CMS) is taking action to require COVID-19 vaccinations for workers in most health care settings that receive Medicare or Medicaid reimbursement, including but not limited to hospitals, dialysis facilities, ambulatory surgical settings, and home health agencies. This action builds on the vaccination requirement for nursing facilities recently announced by CMS, and will apply to nursing home staff as well as staff in hospitals and other CMS-regulated settings, including clinical staff, individuals providing services under arrangements, volunteers, and staff who are not involved in direct patient, resident, or client care. These requirements will apply to approximately 50,000 providers and cover a majority of health care workers across the country. Some facilities and states have begun to adopt hospital staff or health care sector vaccination mandates. This action will create a consistent standard across the country, while giving patients assurance of the vaccination status of those delivering care. You can read President Biden’s plan HERE.

THE US DEPARTMENT OF EDUCATION RELEASED EXTRA IDEA FUNDS
“The U.S. Department of Education said that it has sent more than $3 billion to states to support students served under the Individuals with Disabilities Education Act. The funding comes as part of the American Rescue Plan, a massive government pandemic relief package approved in March.” Click HERE to read the full article.

U.S. DEPARTMENT OF EDUCATION WILL ERASE $5.8 BILLION IN LOANS FOR BORROWERS WITH DISABILITIES
“The U.S. Education Department announced Thursday that it is discharging the outstanding student loans of more than 323,000 borrowers who have significant, permanent disabilities, and will remove barriers for borrowers who qualify for this relief in the future. The announcement will erase some $5.8 billion in debt and marks a significant step toward fixing a troubled debt relief program meant to help borrowers with disabilities.” You can read more HERE. 

EDUCATION DEPARTMENT OPENS INVESTIGATIONS ON WHETHER STATEWIDE MASK BANS DISCRIMINATE AGAINST STUDENTS WITH DISABILITIES

On August 30, the Education Department’s Office of Civil Rights (OCR) opened investigations in five states exploring whether statewide bans on masking discriminate against students with disabilities who are at higher risk for severe illness. There is concern that mask restrictions may violate section 504 and a student’s right to a free and appropriate public education. Letters were sent to the Chief State School Officers in Iowa, Oklahoma, South Carolina, Tennessee, and Utah. Investigations were not opened in Florida, Texas, Arkansas, and Arizona because those bans are not being enforced as a result of court orders or other state actions. OCR is acting as a neutral fact finder and letters do not imply that these states have broken laws. You can find the full press release here.

SOCIAL SECURITY WON’T PENALIZE DISABLED PEOPLE FOR SAVING STIUMULUS CHECKS
“People who still have stimulus checks and money from other pandemic programs in their bank accounts won’t face a loss of Supplemental Security Income benefits, thanks to a policy reversal from the Social Security Administration.” You can read more HERE.

SCHOOL POLICING FALLS HARDEST ON BLACK STUDENTS AND THOSE WITH DISABILITIES, STUDY SHOWS
A Center for Public Integrity analysis of U.S. Department of Education data found that school policing disproportionately affects students with disabilities, Black children, and in some states, Native American and Latino children. Nationwide, Black students, such as Gardner’s son, and students with disabilities were referred to law enforcement at nearly twice their share of the overall student population. You can read the article HERE. 

CHILDREN WITH DISABILITIES NEED THE OPTION TO HAVE SEX EDUCATION TOO

“Currently, only three states in the country explicitly include special ed students in their sex-ed requirements. Six other states provide optional resources adapted for more accessible sex-ed curriculums. Thirty-six states fail to mention students with special needs at all, meaning the issue is left up to the individual school districts, which, more often than not, punt the ball until parents demand it or a crisis arises, e.g., two students are found in a bathroom stall or a nonverbal girl is discovered to be pregnant.”
You can read the article HERE.

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Employers and HR professionals can participate in an overview webinar about the PA ABLE
Tuesday, October 12, 2021 12:00 PM – 12:30 PM
The program will cover:

• What PA ABLE is
• Who is eligible
• How employees use accounts
• How to set up payroll deduction

Offer PA ABLE Savings Program to Your Employees For FREE:  Register Now

Announcing New Website on Secondary Transition

The PA Bureau of Special Education and the Office of Vocational Resources have collaborated to launch a new website dedicated to supporting individuals with disabilities and their families during transition from the education to adulthood. Visit PA Secondary Transition Website to learn more.

Disability Rights Pennsylvania Announces the Release of its 2020 Voting Access Report 

Disability Rights Pennsylvania’s report details barriers to voting through the mail and voting in person for individuals with disabilities. Read the full DRP’s 2020 Voting Access Report.

ODP Releases 2019-2020 Annual Comprehensive Employment Report

The Office of Developmental Programs (ODP) is pleased to announce the release of the second Annual Comprehensive Employment report. The ODP Comprehensive Employment Report provides important performance data to individuals, families, advocates, providers, government officials, and taxpayers. ODP is committed to supporting individuals with an intellectual disability or autism to achieve their goals towards competitive integrated employment. Read the report here: 2019-2020 Annual Comprehensive Employment Report.

Latest Edition of the Positive Approaches Journal is Now Available
“The COVID-19 pandemic was a source of fear and frustration. Yet even through the darkest days of lockdown, we all looked towards the end of the pandemic and the transition beyond the pandemic. Supporting and Informing Paths to Transition provides not only a look into transitioning into Post-COVID-19 life, but at other paths of transition one can journey through. With this issue, we seek to provide a glimpse into the various paths and insights that occur when transitioning from one path to another.”  Read more HERE.

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Contact the PIE Team  with any questions, comments, suggestions, or information to share at PIE,  c/o The Arc of Pennsylvania, 1007 Mumma Road, Suite 100, Lemoyne, PA 17043, by email at pie@thearcpa.org or by phone at 800-692-7258.

• A Slice of Pie is available by email and contains hyperlinks for ease of accessing websites and internet documents and resources.
• PIE Alerts, PIE Information, and PIE Job Postings are available by email to keep people informed about disability issues between newsletters.
• Sign up for A Slice of Pie or PIE electronic messages by phone at 800-692-7258 or by emailing pie@thearcpa.org.
• Individuals who already get A Slice of Pie and/or PIE electronic messages can make changes at any time by clicking “Update Profile/Email Address” at the end of any PIE email message.
• A Slice of Pie is available at the PA Developmental Disabilities Council website www.paddc.org, by clicking on “Publications” and “Slice of Pie”. Archived editions can also be found there.
• A Slice of Pie is available in alternate format upon request.
• The PIE office will download, copy, and mail information mentioned in A Slice of Pie upon request.

The PIE Team

THE ARC OF PENNSYLVANIA PIE STAFF:

Sherri Landis
Alexa Brill
Katie Yost

CONSULTANTS:

Vini Portzline
Joan W. Martin

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