“A Slice of Pie” is an ongoing publication keeping our readers informed about important public policy issues. It is the mission of the Policy Information Exchange to educate and inform Pennsylvanians with disabilities, their families and advocates, and the general public, regarding public policy issues and to further the exchange of policy information between the Pennsylvania Developmental Disabilities Council and federal, state and local policy makers.

This project (program, publications, etc.) is supported by a grant from the Pennsylvania Developmental Disabilities Council; in part by grant number 1901PASCDD-02 from the U.S. Administration for Community Living, Department of Health and Human Services, Washington, D.C. 20201. Grantees undertaking projects with government sponsorship are encouraged to express freely their findings and conclusions. Points of view or opinions do not, therefore, necessarily represent official ACL policy.

Download Vol. 23, Issue 2, 2022 in PDF Format

STATE NEWS+

PA State Budget

On July 8, 2022, Governor Wolf signed into law a $45.2 billion budget for the Commonwealth for the Fiscal Year 2022-2023 that began on July 1, 2022. The enacted budget is a 2.9 % increase over FY 21-22 and fund s Pennsylvania’s operations through June 30, 2023. Below is a list of the enacted appropriations, the fiscal year total funding, and the change from the FY 21-22 available funds (including supplemental funding adjustments). For many Medicaid-funded programs, the actual net total increase or decrease is masked by COVID funds available in prior fiscal years that supported these programs during the pandemic. In addition, the full impact of the use of Federal American Rescue Plan funds is not shown separately here, as it may span multiple state fiscal years. The proposed and enacted budgets are available here

 

Department of Human Services

  • Early Intervention Services: $174,747,000, an increase of $12,158,000 over FY 21-22 revised available funding due to ($10,068,000) supplemental appropriation (7.5% increase)
  • Intellectual Disabilities Community Waivers: $2,346,249,000, an increase of $547,463,000 over FY 21-22 revised available funding due to ($68,643,000) supplemental appropriation (30.4% increase)
  • Intellectual Disabilities State Centers: $118,734,000, an increase of $17,509,000 over FY 21-22 revised available funding due to ($7,979,000) supplemental appropriation (17.3% increase)
  • Intellectual Disabilities Community Base Program: $146,722,000 an increase of $2,533,000 over FY 21-22 revised available funding due to ($527,000) supplemental appropriation (1.8% increase)
  • Intellectual Disabilities Intermediate Care Facilities: $179,020,000, an increase of $17,492,000 over FY 21-22 revised available funding due to ($6,871,000) supplemental appropriation (10.8% increase)
  • Autism Intervention and Services: $30,129,000, an increase of $2,636,000 over FY 21-22 revised available funding due to ($1,711,000) supplemental appropriation (9.6% increase)
  • Mental Health Services: $875,734,000, an increase of $53,264,000 over FY 21-22 revised available funding due to ($10,675,000) supplemental appropriation (6.5%% increase)
  • Medical Assistance for Workers with Disabilities (MAWD): $69,046,000, an increase of $29,336,000 over FY 21-22 revised available funding due to ($24,597,000) supplemental appropriation (73.9% increase)
  • Medical Assistance Transportation (MATP): $65,365,000, a decrease of $4,650,000 over FY 21-22 revised available funding due to $7,675,000 supplemental appropriation (6.6% decrease)
  • Medical Assistance Community HealthChoices (CHC): $5,061,602,000, an increase of $810,052,000 over FY 21-22 revised available funding due to $19,373,000 supplemental appropriation (19.1% increase)
  • Medical Assistance Long-Term Living (formerly named Long-Term Care and now includes the OBRA waiver and Act 150 in addition to nursing homes): $165,981,000, an increase of $44,635,000 from FY 21-22 revised available funding due to ($16,814,000) supplemental appropriation (36.8% increase)
  • Long-Term Care Managed Care (LIFE program): $166,914,000, an increase of $21,654,000 over FY 21-22 revised available funding due to ($16,494,000) supplemental appropriation (14.9% increase)

 

Department of Labor & Industry

  • Transfer to Rehabilitation Fund: $47,942,000; level funded
  • Supported Employment: $397,000; level funded
  • Centers for Independent Living: $2,150,000; an increase of $200,000 (10.3% increase)
  • Assistive Technology Financing: $750,000; an increase of $250,000 (50% increase)
  • Assistive Technology Demonstration & Training: $450,000; level funded

 

Department of Education

Special Education: $1,336,815,000, an increase of $100,000,000 over FY 21-22 (8.1% increase)

Pre-school Early Intervention: $346,500,000, an increase of $10,000,000 over FY 21-22

Chartered schools for children who are deaf and blind: $62,502,000, an increase of $3,499,000 over FY 21-22 revised available funding due to $1,281,000 supplemental appropriation (5.9% increase)

Special Education – Approved Private Schools: $122,656,000; level funded

 

Department of Health

Services for Children with Special Needs: $1,728,000; level funded

Health Support Services: 6% increase over FY 21-22

 

Treasury

The ABLE program: $900,000; level funded

 

Department of Drug and Alcohol Programs

Assistance to Drug and Alcohol Programs: $44,732,000; level funded

General Government Operations: $3,193,000, an increase of $196,000 over FY 21-22 (6.5% increase)

 

PA Primary Election Results
On Tuesday, May 17th Pennsylvania held its Primary Election. Key results:

 

  • Senator Doug Mastriano has won the Republican Governor nomination, and Attorney General Josh Shapiro has won the Democrat Governor nomination.
  • Rep. Austin Davis has won the Democrat Lt. Governor nomination, and Rep. Carrie Lewis DelRosso has won the Republican Lt. Governor nomination. They will run on the same ticket with their respective Governor candidate.
  • Lt. Governor John Fetterman has won the Democrat nomination for the U.S. Senate seat race, and Mehmet Oz has won the Republican nomination
  • Several incumbents in the PA House have lost to primary challenges. They include: House Appropriations Chairman Stan Saylor (York Co.), Rep. Michael Puskaric (Allegheny Co.), Rep. Keith Gillespie (York Co.), Rep. Jason Silvis (Westmoreland Co.), Rep. Martel Covington (Allegheny Co.) and Rep. Pam DeLissio (Philadelphia Co.).
  • Senate Appropriations Chairman Pat Browne (Lehigh Co.) has lost his primary race.
  • Results of Incumbent vs. Incumbent races due to redistricting:
    • Rep. Perry Stambaugh (Perry Co.) has beat Rep. Johnathan Hershey (Juniata Co.)
    • Rep. Ryan Mackenzie has beat Rep. Gary Day (Lehigh Co.)
    • Rep. Chris Rabb has beat Rep. Isabelle Fitzgerald (Philadelphia Co.)

 

Wolf Administration Welcomes 30 Students with Disabilities for Summer Internship Program
In support of the Employment First Initiative, the Wolf Administration has announced that they are welcoming 30 Pennsylvania college students with disabilities who will participate in summer internships with state agencies.
Read article here.

 

Wolf Administration Urges Pennsylvanians to Review Transit Options and Apply for Transportation Assistance Programs, Highlights Importance of Access to Health Care and Jobs
Officials from the Pennsylvania Departments of Transportation (PennDOT) and Human Services (DHS) today urged Pennsylvanians to use Find My Ride (FMR) to learn about public transit options and apply for transportation assistance programs. The participants underscored transit’s critical role in getting people to work and medical appointments while connecting them to their communities.

Citizens are encouraged to use FMR Apply, an online tool which was developed collaboratively with transit agencies and streamlines the application process for the five largest transportation assistance programs in the state, including the Senior Shared Ride program, the Medical Assistance Transportation Program (MATP), ADA complementary paratransit, the Persons with Disabilities program, and the Free Transit Program. Additionally, FMR Apply allows third-parties, such as a family member or healthcare provider, to apply for services on behalf of a rider.

 

Update on ODP’s Expectation for Resuming In-Person Individual Monitoring Conducted by SCs
The Office of Developmental Programs (ODP) required Supports Coordinators (SCs) to conduct an in-person monitoring with individuals that fall into the following priority list on their caseload that they have not seen in-person during the Fiscal Year (FY) 2021/22 by the end of the FY, June 30, 2022.

  • Individuals who live alone that have not had an in-person monitoring during this FY;
  • Individuals who did not receive an in-person service from a Provider during this FY;
  • Individuals supported in a licensed residential setting that is currently under licensing sanctions or license revocation; and
  • Newly-enrolled individuals who have never had an in-person monitoring visit with their assigned SC.

An additional in-person monitoring visit is not required for those individuals who have already been seen in-person by the SC during this FY unless there are health and safety concerns.

Also, ODP recognizes that every individual has a different comfort level with in-person visits. Use the guidance and talking points in the Tip Sheet during your conversations with individuals and families to help them feel comfortable with an in-person visit.
Access the recording here.

 

Important Info Regarding the Effect of Act 12 of 2022 on Provisional Hiring Practices
The Office of Child Development and Early Learning (OCDEL) has been working to update the Provisional Hire interpretation for the field. On Friday, May 27, 2022, OCDEL received and released updated information regarding the Provisional Hiring Practices Pertaining to Act 12 of 2022.
Learn more.

 

Gov. Wolf Announces Education Secretary Dr. Noe Ortega to Depart Wolf Administration, Names Eric Hagarty as New Acting Secretary
Governor Tom Wolf announced that Department of Education Secretary Dr. Noe Ortega will resign his position with the commonwealth on April 29. The governor also announced his intention to name Eric Hagarty to serve as Acting Secretary.
Read press release here.

 

Gov. Wolf Announces Acting Health Secretary Keara Klinepeter to Depart Wolf Administration, Names Dr. Denise Johnson as New Acting Secretary
Governor Tom Wolf announced that Department of Health Acting Secretary Keara Klinepeter will resign her position with the Commonwealth on April 22. The governor also announced his intention to name Physician General Dr. Denise Johnson to serve as Acting Secretary.

Read press release here.

 

OLTL Announce – Electronic Visit Verification Program Updates

The Pennsylvania Department of Human Services (PA-DHS) recently made an update to the HHCS EVV program’s expected begin date.  Effective August 10, 2022, PA-DHS will expect provider agencies to use EVV for the capture and verification of HHCS visits. August 10, 2022 is currently the beginning of the soft launch period for HHCS. The soft launch period is a time for provider agencies, caregivers, and clients to adapt to the use of EVV without impact to claims. During the soft launch period, providers are expected to train their staff and have staff use the EVV system. More information for claims processing with be provided in the future.

PA-DHS has contracted with Gainwell Technologies (via its subcontractor Sandata Technologies LLC) to deliver the PA-DHS EVV System, as well as provide PA-DHS EVV System orientation and training to providers. Fee-for-Service (FFS) HHCS providers have the option of using the PA-DHS Sandata system or a third-party (Alternate EVV) system to collect their EVV data and submit to the PA-DHS EVV Aggregator.

COVID-19 Regulatory Suspension Extended
Pursuant to Act 30 of 2022, the suspension of various regulatory provisions under the state disaster emergency declaration that are currently in effect and which were set to expire on June 30, 2022, are now extended until October 31, 2022.

A list of the regulations that were suspended in whole or in part and their current status is available here.

 

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.

 

COVID-19 Vaccine Available for Children Under Five

Recently, the CDC issued guidance about the COVID-19 vaccine for children ages five and younger. The Public Health Communications Collaborative updated their COVID-19 toolkit with resources about vaccination for young children, including answers to tough questions. Your Local Epidemiologist, informed by data from the FDA external advisory committee , details the safety and effectiveness of the two approved COVID-19 vaccines, Moderna and Pfizer, for young children.

 

The Launch of COVID.gov
The Biden Administration launched covid.gov, a new website to help people access vaccines, tests, treatments, and high-quality masks. COVID.gov is available in English, Spanish, and Simplified Chinese and is accessible for those using assistive technologies.

For individuals with disabilities who may need additional support, the Disability Information and Access Line (DIAL) is also available to help at 1-888-677-1199 or via email at DIAL@usaginganddisability.org.

 

Direct Support Workforce and COVID-19 National Report: 12-Month Follow-up
“The aim of this study was to gather evidence about the experiences of the direct support workforce during the COVID-19 pandemic and to inform efforts to better prepare for future waves of this pandemic. This is a twelve-month follow-up to the initial report published in fall of 2020.”

Access study here.

 

Expanded Availability of At-home COVID-19 Tests for People Who Are Blind or Have Low Vision 

The Biden-Harris Administration launched an initiative to expand the availability of at-home testing options that are more accessible for people who are blind or have low vision. The tests work with a Bluetooth-enabled smartphone app to provide users with audible instructions and test results. Read more about the tests.

How to get the tests:
Order online or by calling 1-800-232-0233.

  • Each order now includes 12 rapid-antigen tests that are more accessible for people who are blind or have low vision. These will ship in six separate packages, each with two tests. Each package will have a separate tracking number.
  • Orders will ship free, while supplies last.

Need more assistance? 
The trained staff at the Disability Information and Access Line (DIAL) can provide additional assistance with:

  • Ordering tests.
  • Understanding instructions for test administration and test results.
  • Providing alternative instructions for traditional at-home tests for people who are unable to access, read, or understand the manufacturer’s version.
  • For those who cannot use an at-home test, DIAL operators can:
    • Assist with ordering “swab and send” kits to collect a sample and mail it back for results.
    • Connect callers to local organizations for assistance locating other testing options in their community, including in-home testing programs or transportation or companion support to visit a community-based testing site.

Call 888-677-1199 Monday-Friday from 9 a.m. to 8 p.m. (Eastern) or email DIAL@usaginganddisability.org.

 

Rollout of Free At-Home COVID-19 Tests

Residential households in the U.S. can order 8 free at-home tests from USPS.com. Here’s what you need to know about your order:

  • Limit of one order per residential address
  • Two sets of 4 individual rapid antigen COVID-19 tests will be shipped

To order tests online, click HERE.

 

Department of Health Releases Vaccination Dashboard By Legislative District 
Governor Tom Wolf announced the availability of COVID-19 vaccination rates by legislative district on the commonwealth’s open data portal, in addition to the zip code, county-level and statewide vaccination data already available. The vaccination data by legislative district excludes those districts fully or partially located in Philadelphia County which is a separate CDC-designated vaccine jurisdiction.  The legislative district dashboard will be updated monthly.

Access PA’s COVID-19 Dashboard 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.

 

CDC Updates Guidance on Boosters
CDC has updated its guidance for extra doses and boosters of the COVID-19 vaccine for people who are moderately or severely immunocompromised.

Read more here.

 

Resources

 

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]. Re-referred to Appropriations, June 9, 2021.

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.  Re-committed to Rules, June 21, 2022.

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 noncompetitively 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 184. Introduced by Representative Dawn Keefer (R-York). This bill would implement a sentence enhancement for any individual found guilty of causing or aiding suicide when the victim is under 18 years of age or has an intellectual disability. Referred to Judiciary, Jan. 21, 2021. Final Passage, April 7, 2021. Referred to Senate Judiciary, April 9, 2021. Amended and Final Passage in the Senate, June 25, 2021. Concurrence Vote in House, Sept. 21, 2021. Approved by Governor on Sept. 30, 2021, becoming Act No. 71.

Impact: Would create a sentencing enhancement in cases where an individual is convicted of causing or aiding suicide of a person who is under the age of 18 or has an intellectual disability.

 

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 726. 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, Oct. 5, 2021.

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

 

HB 784. Introduced by Representative Tim Briggs (D-Montgomery). This bill 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.  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 975. Introduced by Representative Carrie Lewis DelRosso (R-Allegheny). This bill expands the crime of institutional sexual assault to cover elders, people with disabilities, and other care-dependent persons by those who have the responsibility of providing care. Referred to Judiciary, March 18, 2021. Final Passage [House], June 16, 2021. Final Passage with amendments [Senate], July 6, 2022. House Concurrence on Amendments, July 7, 2022. Approved by Governor, July 11, 2022, becoming Act No. 61 of 2022.

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.

 

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 1356. Introduced by Representative Gary Day (R-Chester). This bill would raise the rate of reimbursement for guardians. Referred to Aging and Older Adult Services, May 7, 2021.

Impact: Would amend the Human Services Code to increase the reimbursement rate for guardians of older adults from $100 to $300.  This increase would still require federal approval under the state plan.

 

HB 1420. Introduced by Representative Wendi Thomas (R-Bucks). This bill provides fiscal code language for expenditures approved in the FY 2022-2023 PA State budget. Referred to Human Services, May 14, 2021. Final Passage [House], June 14, 2021. Final Passage with Amendments [Senate], July 7, 2022. House Concurrence of Amendments, July 7, 2022. Vetoed by the Governor, July 8, 2022, becoming Veto No. 6 of 2022.

Impact: Stipulates that the Office of Long Term Living (OLTL) cannot utilize a single financial management system for 12 months following the passage of the bill.

 

HB 1421. Introduced by Representative Wendi Thomas (R-Bucks). This bill provides fiscal code language for expenditures approved in the FY 2022-2023 PA State budget. Referred to Veterans Affairs and Emergency Preparedness, May 14, 2021. Final Passage [House], June 9, 2021. Final Passage with Amendments [Senate], June 20,2022. House Concurrence of Senate Amendments as Amended by House Amendments, July 8, 2022. Approved by the Governor, July 11, 2022, becoming Act No. 54 of 2022.

Impact: Stipulates funding for Department of Human Services, including the creation of the Home and Community Based Services (HCBS) Augmentation Fund, in which the savings from the closure of PA’s remaining state centers go to fund Direct Support Professional (DSP) wages, housing, and the Waiting List.

 

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. Approved by the Governor, June 30, 2021, becoming Act No. 48 of 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. Approved by the Governor, June 30, 2021, becoming Act No. 49 of 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 1446. Introduced by Representative Curtis G. Sonney (R-Erie). This bill would allow an additional year of school for students who are aging out of Special Education. Referred to Education, May 20, 2021. Laid on the table, Nov. 10, 2021.

Impact: Would allow a student 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.

 

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 1561. Introduced by Representative Frank A. Farry (R-Bucks). This bill would amend the act of April 14, 1972 (P.L.221, No.63), known as the Pennsylvania Drug and Alcohol Abuse Control Act, further providing for definitions and for confidentiality of records. Referred to Human Services, June 7, 2021. Third consideration and final passage, Nov. 9, 2021. Referred to Senate Health and Human Services, Nov. 10, 2021. Third consideration and final passage, June 30, 2022. Approved by the Governor, July 7, 2022, becoming Act No. 32 of 2022.

Impact: Would amend the MHPA to align with HIPAA standards in order to permit providers, facilities and health plans to more easily share patient mental health and substance use disorder-related information.

 

HB 1563. Introduced by Representative Bryan Cutler (R-Lancaster). This bill would amend the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, in general provisions, further providing for definitions and for confidentiality of records. Referred to Human Services, June 7, 2021. Third consideration and final passage, Nov. 9, 2021. Referred to Senate Health and Human Services, Nov. 10, 2021. Third consideration and final passage, June 30, 2022. Approved by the Governor, July 7, 2022, becoming Act No. 33 of 2022.

Impact: Amends the DAACA to align with HIPAA standards in order to permit providers, facilities and health plans to more easily share patient mental health and substance use disorder-related information.

 

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 1642. Introduced by Representative Martina White (R-Philadelphia). This bill provides educational fiscal code language for education expenditures approved in the FY 2022-2023 PA State budget. Referred to Education, June 16, 2021. Final Passage [House], Oct. 5, 2021. Final Passage with Amendments [Senate], Dec. 14, 2021. House Concurrence of Senate Amendments as Amended by House Amendments, July 7, 2022. Senate Concurrence of House Amendments, July 7, 2022. Approved by the Governor, July 8, 2022, becoming Act No. 55 of 2022.

Impact: Stipulates how education funding approved in the budget will be utilized, including allowing students with disabilities set to graduate during the 2021-2022 school year or aging out of special education between the 2021-2022 school year and the 2022-2023 school year, the ability to opt in to repeat a year due to lose of educational supports during COVID-19.

 

HB 1644. Introduced by Representative James B. Struzzi II (R-Indiana). This bill would direct the Department of Human Services to develop a statewide process to place patients, enrolled in Medicaid, with behavioral health or other long-term care needs in appropriate care settings in a timely matter. Referred to Health, June 16, 2021. Re-referred to Human Services, Nov. 16, 2021. Referred to Senate Health and Human Services, June 1, 2022.

Impact: Would seek to address delays in the healthcare system by implementing solutions that provide better access to care and would develop a standardized process for the hospitals in referrals to treatment.

 

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 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.

 

HB 1890. Introduced by Representative Mark Gillen (R-Berks). This bill would require background checks for individuals seeking to become guardians. Referred to Aging and Older Adult Services, Sept. 21, 2021.

Impact: Would require any individuals seeking to become a guardian to undergo a background check in order to prohibit those with a history of gross criminal behaviors to serve as guardians.

 

HB 1928. Introduced by Representative Gary Day (R-Chester). This bill would require the appointment of counsel to be mandatory in guardianship cases. Referred to Aging and Older Adult Services, Sept. 28, 2021.

Impact: Would make the appointment of counsel for the individual being placed under guardianship mandatory to ensure the individuals rights are protected during a guardianship proceeding.

 

HB 1955. Introduced by Representative Gerald J. Mullery (D-Luzerne). This bill would provide for a Moratorium on Closing of White Haven and Polk State Centers. Referred to Health, Oct. 5, 2021.

Impact: Would halt the announced closure of Polk and White Haven State Center until all individuals eligible for a waiver have received it. Once all individuals have a waiver, a task force would be convened to make a plan. Only a majority vote of the task force would move the closure forward.

 

HB 1999. Introduced by Representative Liz Hanbidge (D-Montgomery). This bill would prevent deceptive interrogation tactics from being used on individuals with autism and/or intellectual disabilities. Referred to Judiciary, Oct. 21, 2021.

Impact: Would prevent deceptive interrogation tactics from being used on individuals with autism and/or intellectual disabilities, thus reducing the number of false convictions, and ensuring equality and dignity to all individuals.

 

HB 2022. Introduced by Representative Aaron D. Kaufer (R-Luzerne). This bill would allow a public school to place a behavioral health representative in a school who may communicate and interact with students to provide social and mental health support assistance. Referred to Education, March 9, 2022. Removed from table, June 8, 2022.

Impact: Would establish a grant pilot program for school districts to access funds to address mental health concerns and fund mental health services in schools.

 

HB 2023. Introduced by Representative Aaron D. Kaufer (R-Luzerne). This bill would require the PA Department of Education (PDE) to develop a model curriculum to assist school entities in providing behavioral health education. Referred to Education, March 9, 2022. Laid on the table, April 25, 2022. Removed from table, June 8, 2022.

Impact: Would require the PA Department of Education, in consultation with at least one organization addressing behavioral health, to develop model behavioral health curriculum to be made available for use by school entities. Additionally, each school entity may provide four hours of training on behavioral health awareness to professional educators. The four hours of training may be applied to a professional educator’s continuing professional education requirements.

 

HB 2024. Introduced by Representative Aaron D. Kaufer (R-Luzerne). This bill would commission a Mental Health Instruction Study to determine the extent to which schools are currently providing mental health instruction in their curriculum. Data collected from this study will serve as the basis for recommendations for the improvement of mental health instruction in our Commonwealth’s schools, including recommending future legislation. Referred to Education, March 9, 2022. Re-committed to Appropriations, June 13, 2022.

Impact: Would utilize the data collected from this study to serve as the basis for recommendations for the improvement of mental health instruction in our Commonwealth’s schools, including recommending future legislation.

 

HB 2067. Introduced by Representative Seth M. Grove (R-York). This bill would establish an independent office to handle and administer the state’s Medicaid Program. Referred to Health, Nov. 9, 2021.

Impact: Would establish an independent office to handle and administer the state’s Medicaid program by instituting the Office of Independent Medicaid Director, which would operate within the Department of Human Services with the director being nominated by the Governor and approved by the Senate.

 

HB 2071. Introduced by Representative Martin T. Causer (R-Mckean). This bill will provide broadband Internet access to unserved and underserved residents. Referred to Consumer Affairs, Nov. 9, 2021. Approved by the Governor, Dec. 22, 2021, becoming Act 96 of 2021.

Impact: Establishes the PA Broadband Development Authority to provide broadband is available across the state, especially to those areas that are unserved and underserved currently.

 

HB 2166. Introduced by Representative Malcolm Kenyatta (D-Philadelphia). This bill would provide for emergency relief to those who previously received support through the General Assistance (GA) program. Referred to Health, Dec. 13, 2021.

Impact: Would re-institute the General Assistance Program which provided $200 on average a month to those who were unable to work, those caring for loved ones who were sick or disabled, veterans, women fleeing domestic violence, and adults receiving substance abuse treatment.

 

HB 2180. Introduced by Representative Dan Miller (D-Allegheny). This bill would require schools to track the inclusion of extracurricular activities. Referred to Education, Jan. 27, 2022.

Impact: Would require school districts to track the inclusion of their extracurricular activities for students with disabilities from grade 6. It requires the school districts to produce a report of the findings that will be given to the PA Department of Education.

 

HB 2182. Introduced by Representative Dan Miller (D-Allegheny). This bill would codify the right of people with disabilities in our Commonwealth to accessible digital content on all state and local government websites.

Impact: Would ensure that state and local government website are digitally accessible for individuals with disabilities in order to ensure access to the information and services needed.

 

HB 2337. Introduced by Representative Jason Silvis (R-Westmoreland). This bill would create an online application and renewal process for persons with disability placards. Upon completion of an online application or renewal, the applicant will be provided a printable temporary placard to display in their vehicle until they receive the physical placard in the mail from the department. Referred to Transportation, Feb. 11, 2022.Third consideration and final passage, June 15, 2022. Referred to Senate Transportation, June 15, 2022.

Impact: Would allow for a disability placard registration and renewal to occur online.

 

HB 2539. Introduced by Representative Johnathan D. Hershey (R-Juniata). This bill would clarify the Constitution’s provisions on absentee voting, to allow Pennsylvania’s electors to decide whether we should return to a system where most voters participate by voting at their polling place on Election Day. Referred to State Government, April 25, 2022.

Impact: Would set up a PA constitutional amendment vote to determine if mail-in voting can continue in Pennsylvania.

 

HB 2636. Introduced by Representative Darisha K. Parker (D-Philadelphia). This bill would strengthen Pennsylvania’s guardianship laws and is supported by both the Pennsylvania Bar Association and Disability Rights PA. Referred to Judiciary, June 1, 2022.

Impact: Would reform guardianship practice procedures in Pennsylvania by: 1.) Appointing counsel for alleged incapacitated persons when none has already been retained; 2.) Certifying professional guardians; 3.) Ensuring the courts first explore alternatives to guardianship; and 4.) Requiring that petitions for guardianship demonstrate that less restrictive alternatives were considered and why they are insufficient.

 

HB 2674. Introduced by Representative Jason Ortitay (R-Westmoreland). This bill would provide for extended special education enrollment due to COVID-19. Referred to Education, June 14, 2022.

Impact: Would extend Act 66 of 2021 and allow students with disabilities who turned 21 during the 2021-2022 school year the ability to stay through their 22nd birthday and attend the 2022-2023 school year.

 

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, Approved by the Governor, June 30, 2021, becoming Act No. 56.

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. First Consideration, Oct. 27, 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 617. Introduced by Christine M. Tartaglione (D-Philadelphia). This bill would extend rights of the federal Family and Medical Leave Act (FMLA) to siblings, grandparents and grandchildren in certain, specific cases. Referred to Labor and Industry, May 3, 2021. Third consideration and final passage, June 15, 2022. Referred to House Labor and Industry, June 16, 2022.

Impact: Would provide up to six weeks of protected, unpaid leave to an employee to care for a sibling, grandparent or grandchild with a certified terminal illness if such sibling, grandparent or grandchild has no living spouse, no child over 17 years of age or no parent under 65 years of age.

 

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 of 2021.

Impact: Would allow 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-dependent 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. Final Passage, Oct. 26, 2021. Referred to House Insurance, Oct. 27, 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, application deadlines for mail-in ballots, elimination of permanent mail-in list, real-time reporting of deceased voters, drop boxes, and training election workers.

 

SB 924. Introduced by Senator Michele Brooks (R-Crawford). This bill would institute a moratorium on the scheduled closing of the Polk and White Haven State Centers.  Referred to Health and Human Services, Oct. 26, 2021. Final Passage, Dec. 15, 2021. Referred to Health [House], Dec. 22, 2021. First Consideration [House], June 28, 2022.

Impact: Would halt the announced closure of Polk and White Haven State Center for at least 5 years. Institutes a task force to review the impact of the planned closure to the residents, staff, and local economy. A closure can only move forward once a majority vote of the task force approves the closure.

 

SB 965. Introduced by Senator Wayne Langerholc Jr. (R-Bradford). This bill would provide for highly automated vehicles and evaluate improvements to accessibility and mobility for persons with disabilities. Referred to Transportation, Jan. 5, 2022. First consideration, Jan. 26, 2022.

Impact: The Advisory Committee will be tasked with producing a report that evaluates improvements to accessibility and mobility for persons with disabilities.

 

SB 995. Introduced by Senator Carolyn Comitta (D-Chester). This bill would apply hate crimes protections for individuals with intellectual and physical disabilities in Pennsylvania. Referred to Judiciary, Dec. 29, 2021.

Impact: Would expand Pennsylvania’s hate crimes protections to individuals with physical and intellectual disabilities.

 

SB 1060. Introduced by Senator Vincent J. Hughes (D-Montgomery). An Act to provide appropriations from the General Fund for the expenses for the fiscal year July 1, 2022, to June 30, 2023. Referred to Appropriations, Feb. 18, 2022 [Senate].

Impact: Establishes the appropriation of funding from the General Fund for the 2022-2023 State Budget.

 

SB 1100. Introduced by Senator Patrick Browne (R-Lehigh). An Act to provide appropriations from the General Fund for the expenses for the fiscal year July 1, 2022, to June 30, 2023. Referred to Appropriations, Feb. 28, 2022. Third consideration and final passage, June 14, 2022. Re-referred to House Appropriations, June 20, 2022. Final Passage [House], July 7, 2022. Senate Concurrence on House Amendments, July 8, 2022. Approved by the Governor, July 8, 2022, becoming Act No. 1A of 2022.

Impact: Establishes the appropriation of funding from the General Fund for the 2022-2023 State Budget.

 

SB 1135. Introduced by Senator Nikil Saval (D-Philadelphia). This bill would provide for funding to address habitability concerns in owner-occupied and rental units and make units accessible for individuals with disabilities, and removing barriers to affordability of homeownership; establishing the Whole-Home Repairs and Homeownership Affordability Program. Referred to Urban Affairs and Housing, March 7, 2022. First consideration, June 20, 2022.

Impact: Would create a Whole Home Repairs Fund administered by the Department of Community and Economic Development. The Fund will allow providers to assess and address homes holistically by creating a one-stop shop for home repairs. DCED will solicit competitive proposals from nonprofit and public sector organizations seeking to enhance existing programs.

 

SB 1151. Introduced by Senator Wayne Langerholc Jr. (R-Bedford). This bill would amend the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, providing for duty to warn. Referred to Health and Human Services, March 17, 2022.

Impact: Would codify a mental health care practitioner’s duty to warn of a specific and immediate threat of serious bodily injury. Will establish clear guidance as to when and who to contact when a patient communicates a propensity to harm an individual or group of individuals.

 

SB 1198. Introduced by Senator Michele Brooks (R-Crawford). This bill would amend the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, in departmental powers and duties as to licensing, providing for prelicensure waiver of physical site requirements and further providing for regulations and for rules and regulations for personal care home and assisted living residences. Referred to Health and Human Services, April 26, 2022. Re-referred to Appropriations, June 8, 2022.

Impact: Would amend Act 56 of 2007’s requirements for Assisted Living Residences (ALRs) to improve availability of ALRs to those who wish to access them.

 

SB 1269. Introduced by Senator John I. Kane (D-Chester). This bill would provide for Statewide children’s mental health ombudsman. Referred to Aging and Youth, June 14, 2022. Companion legislation House Bill 404.

Impact: creates a statewide children’s mental health ombudsman. The ombudsman would have authority and duties to: 1.) Advocate on behalf of children with mental health issues; 2.) Identify barriers to effective mental health treatment; 3.) Monitor compliance with laws pertaining to children’s behavioral health services; and 4.) Receive, investigate, and attempt to resolve complaints regarding violations by regulated entities and government agencies that may have an adverse impact upon the health, safety, welfare, or rights of children.

 

SB 1276. Introduced by Senator Ryan P. Aument (R-Lancaster). This bill would provide for extended special education enrollment due to COVID-19. Referred to Education, June 17, 2022.

Impact: Would extend Act 66 of 2021 and allow any student with disabilities between the ages of 18-21 during the 2021-2022 school year the ability to stay through their 22nd birthday due to the impact of COVID-19.

 

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.

HR 212. Introduced by Representative Frank A. Farry (R-Berks). A Resolution establishing a legislative task force on intellectual disabilities, developmental disabilities, and autism and directing the Joint State Government Commission to study the impact of this Commonwealth’s current delivery of services to individuals with intellectual disabilities, developmental disabilities, and autism and to report its findings and recommendations to the House of Representatives. Amended and Adopted, June 29, 2022. 

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 Senator 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.

SR 235. Introduced by Senator Christine Tartaglione (D-Philadelphia). This resolution designates March 2022 as Disability Awareness Month in Pennsylvania. Referred to Rules and Executive Nominations, March 3, 2022. 

SR 288. Introduced by Senator Judy Ward (R-Blair). A Resolution directing the Joint State Government Commission to conduct a study of long-term care facilities’ impact relating to Medicaid funds in this Commonwealth. Referred to Aging and Youth, May 3, 2022. Adopted, June 21, 2022. 

SR 318. Introduced by Senator Christine M. Tartaglione (D-Philadelphia). A Resolution designating the week of June 6 through 11, 2022, as “Disability Pride Week” in Pennsylvania. Referred to Rules and Executive Nominations, June 21, 2022.

 

 

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NATIONAL NEWS+

Rollout of 988 – a Direct Line for Suicide Prevention and Crisis Support

Starting July 16, 2022, 988 will serve as a direct link for suicide prevention and crisis support. People who call, text, or chat with 988 will be directly connected to the National Suicide Prevention Lifeline. The existing Lifeline phone number (1-800-273-TALK (8255)) will remain available.

Attached you will find a one-pager for 988. Information can also be found on the Department of Human Services’ website here.

 

Biden Administration Gives States More Time To Spend Disability Services Funds
“States will get extra time to spend billions of federal dollars aimed at bolstering the beleaguered Medicaid home and community-based services system after it took longer than expected for the money to make it their way.

The U.S. Department of Health and Human Services is giving states an additional year to use funds that were made available for home and community-based services as part of the American Rescue Plan, a $1.9 trillion pandemic relief package signed in 2021. The cash infusion was intended to address pressures on the nation’s disability services system that were exacerbated by the pandemic, chiefly a long-simmering workforce crisis.”
Read article here.

 

Biden Administration Releases Fiscal Year 2023 Budget
The Biden Administration has released its budget for fiscal year 2023. The proposal includes significant increases in several of the disability community’s priority programs.

Programs that received major increases in the proposed budget include:
•    Developmental Disabilities Projects of National Significance (100%),
•    Individuals with Disabilities Act (IDEA) Part B state grants (26%),
•    IDEA Preschool Grants (23%),
•    IDEA Part C Early Intervention (88%),
•    IDEA Personnel Preparation (163%), and
•    Vocational Rehabilitation Demonstration and Training Programs (604%).
Full fiscal year 2022 appropriations were not enacted at the time the budget was drafted. As a result, some funding increases were not taken into account. The House and Senate Appropriations Committees will release their proposed funding levels later this year.

Click here to see a listing of discretionary programs and their proposed percentage cuts.

 

House Appropriations Committee Approves Appropriations Bills 

On June 30, the House Appropriations Committee approved its fiscal year 2022 Labor, Health and Human Services, Education, and Related Agencies (L-HHS-ED) and Transportation, Housing and Urban Development, and Related Agencies (T-HUD) appropriations bills. These bills include overall increases of 13% and 12%, respectively. Many of The Arc’s priority programs received substantial increases.

The most significant increases were Office of Disability Employment Policy (45%), Lifespan Respite Care Act (75%), State Grants to Remove Barriers to Voting (47%), IDEA Personnel Preparation (163%), and Vocational Rehabilitation Demonstration and Training Programs (172%). Click here to see a listing of discretionary programs and their proposed percentage cuts.

Additionally, the L-HHS-ED appropriations bill prohibits the Department of Education from funding any entity that uses electric shock devices as a form of aversive conditioning or discipline. If passed, the Judge Rotenberg Educational Center (JRC) will have to either cease use of their painful electric shock devices or forgo federal education funding. This language was included in the House-passed L-HHS-ED appropriations bill last year but was not included in the final package.

  

US Department of Justice Issues Web Accessibility Guidance Under the Americans with Disabilities Act
The Department of Justice recently published guidance on web accessibility and the Americans with Disabilities Act (ADA). It explains how state and local governments (entities covered by ADA Title II) and businesses open to the public (entities covered by ADA Title III) can make sure their websites are accessible to people with disabilities in line with the ADA’s requirements.
Read article here.

 

Labor Department Issues Guidance on Subminimum Wages for Workers with Disabilities
The U.S. Department of Labor’s (DOL) Wage and Hour Division has issued new supplementary guidance to ensure eligible employers comply with requirements when paying subminimum wages to individuals with disabilities under Section 511 of the Rehabilitation Act of 1973. The new guidance was spurred in part by investigations into certified employer practices and recent litigation against Special K Ranch in Columbus, Montana where DOL found Special K had paid employees with disabilities as little as $1.17 per hour. With regard to the violations found, DOL Solicitor of Labor Seema Nanda said, “The U.S. Department of Labor will not tolerate wage theft or an employer’s failure to provide the important services and information required under Section 511 to workers with disabilities.” DOL intends for the guidance to clarify employer requirements under the law, including the requirement that workers receive resources and information throughout their employment that help them maximize opportunities to obtain competitive integrated employment.

 

Education Department Launches Historic Real Pay for Real Jobs Initiative for People with Disabilities  
“The U.S. Department of Education’s Rehabilitation Services Administration (RSA) released the notice inviting applications for the Subminimum Wage to Competitive Integrated Employment (SWTCIE) demonstration project, aimed at increasing access for people with disabilities to jobs that pay good wages.

The SWTCIE project is the largest discretionary grant administered by RSA, with $167 million available to State Vocational Rehabilitation agencies and their partners.”
Read the press release here.

 

Education Department Releases Proposed Regulations to Expand and Improve Targeted Relief Programs

On July 6, the Department of Education released proposed regulations that would revise current student loan discharge programs. The proposed regulations include changes to the Total and Permanent Disability discharge program that The Arc’s Senior Director of Public Policy, Bethany Lilly, advocated for during the negotiations as the representative the Consortium for Constituents with Disabilities Financial Security Task Force.

You can learn more about the regulations here.

 

Education Department Announces Initiative to Support Students

On July 5, the Department of Education announced their newest initiative to support all students in the wake of the COVID-19 pandemic. The Department launched the “National Partnership for Student Success,” which will recruit 250,000 new tutors and mentors to support students.

You can read more about the initiative  here.

 

Special Education Teacher Shortage Highlighted in House Hearing
Chair Rosa Delauro, (D-CT), led an oversight hearing on teacher shortages in the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Services. Representing special educators and specialized support personnel, Dr. Jane West, special education expert and teacher educator told Congress, “While IDEA requires that services are delivered by qualified personnel, that is increasingly not happening. The critical obstacle is the crisis of a special educator shortage… Our shrinking capacity in higher education to prepare special education teachers threatens the pipeline…The combination of a dearth of new teachers and the high attrition rate of practicing special education teachers has generated an urgent challenge… [and] While we confront this teacher shortage tsunami, the number of students requiring services under IDEA continues to rise.” Other panelists included Randi Weingarten, President of the American Federation for Teachers, Desiree Carver-Thomas, of the Learning Policy Institute, and Lindsay Burke of the Heritage Foundation.

 

U.S. Department of Transportation Announces Proposed Rule to Improve Accessibility of Lavatories on Single-Aisle Aircraft
“The U.S. Department of Transportation (DOT) announced that it is publishing a Notice of Proposed Rulemaking (NPRM) that would improve the accessibility of lavatories for people with disabilities traveling on new single-aisle aircraft.”

The proposed rule would apply to new aircraft ordered 18 years after the effective date of the final rule or delivered 20 years after the effective date of the final rule. It is the result of a 2016 negotiated rulemaking that was produced through a consensus among a cross-section of stakeholders, including disability organizations such as Paralyzed Veterans of America and the National Disability Rights Network; the Association of Flight Attendants; Airbus; and airlines. However, given this long timeframe and in recognition of the affirmative responsibility of the federal government to advance equity, civil rights and equal opportunity for all individuals, DOT is seeking comment on whether these accessibility improvements could be implemented more quickly than proposed. Based on the comments it receives, DOT may adjust the implementation timeline as part of the final rule.

DOT encourages members of the public and interested parties to submit comments on the NRPM. View the notice and request for comment in the Federal Register. The NPRM can also be found at on the DOT website and at regulations.gov , docket number DOT-OST-2021-0137.
Read more here.

 

HHS to Provide $110 Million to Strengthen Safety Net for Seniors and People with Disabilities

The Centers for Medicare & Medicaid Services (CMS) announced it will offer more than $110 million to expand access to Home and Community-Based Services (HCBS) through Medicaid’s Money Follows the Person (MFP) program. First authorized in 2005, MFP has provided states with $4.06 billion to support people who choose to transition out of institutions and back into their homes and communities. The new Notice of Funding Opportunity (NOFO) makes individual awards of up to $5 million available for more than 20 states and territories not currently participating in MFP. These funds will support initial planning and implementation to get the state/territory programs off the ground, which would ensure more people with Medicaid can receive high-quality, cost-effective, person-centered services in a setting they choose.
Read full press release here.

 

Senators Want To Raise SSI Asset Limits
“A bipartisan push is underway on Capitol Hill to update a major facet of the Supplemental Security Income program for the first time in over 30 years.”

U.S. Sens. Sherrod Brown, D-Ohio, and Rob Portman, R-Ohio, said this week that they have introduced legislation to increase the amount of money that SSI beneficiaries can save without being disqualified.”
Read full article here. 

 

House Committee Holds Hearing on Inequities in Financial Services for People with Disabilities

The House Committee on Financial Services, Subcommittee on Diversity and Inclusion held a hearing on inequities in financial services for persons with disabilities. Allie Cannington of The Kelsey and co-chair of the Housing Task Force of the Consortium of Constituents with Disabilities (CCD) was a witness at the hearing. Cannington testified about the low home ownership rates of people with intellectual and developmental disabilities. The Committee also discussed the impact of Long-Term COVID for workers.
You can view the hearing here.

 

Murray, Duckworth, Colleagues Call for GAO Study into the Barriers Americans with Disabilities Face Accessing Healthcare
U.S. Senator Patty Murray (D-WA), Chair of the U.S. Senate Health, Education, Labor, and Pensions Committee, joined a letter led by U.S. Senator Tammy Duckworth (D-IL) to the Government Accountability Office (GAO) requesting that the agency conduct a comprehensive, wide-ranging study into the persisting barriers that Americans with disabilities of all backgrounds experience in accessing healthcare, including access to medical treatment, services, equipment and more. U.S. Senators Bob Casey (D-PA), Chair of the U.S. Senate Special Committee on Aging, Kirsten Gillibrand (D-NY), Elizabeth Warren (D-MA), and Sherrod Brown (D-OH) also joined the letter.
Read notice here.

 

Bipartisan, Bicameral Bill Introduced to Promote Inclusive Emergency Preparedness Protocols in Schools
U.S. Senator Bob Casey, D-PA. introduced the bipartisan Promoting Responsible Emergency Protocols (PREP) for all Students Act to ensure educational institutions are prepared to protect all students — regardless of age, developmental stage, and ability. The PREP for All Students Act would ensure public schools, early child care education centers and institutions of higher education have the tools they need to develop inclusive emergency preparedness protocols. U.S. Representatives Susan Wild, D-PA., and Brian Fitzpatrick, R-PA., introduced companion legislation in the House.
Read announcement here.

 

Ed Department Ramps Up Disability Related Compliance Reviews
“With a slew of new actions and additional resources, federal education officials are taking steps to ensure that students with disabilities and their families can access school services. The U.S. Department of Education said that its Office for Civil Rights will “soon launch” 100 compliance reviews focused on digital accessibility.”
Read article here.

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RESOURCES+

OSEP Fast Facts: Educational Environments of School Aged Children with Disabilities

The Office of Special Education Programs (OSEP) released a new OSEP Fast Facts: Educational Environments of School Aged Children with Disabilities which explores IDEA Section 618 data. This Fast Facts takes a closer look at the environments where children with disabilities are receiving special education and related services and compares data collected from school year 2012 through 2020.
Read more here.

 

Federal Agencies Release Equity Action Plans

On April 14, the Biden Administration released the equity action plan summaries for each cabinet-level federal agency. These equity action plans were created because of President Biden’s Executive Order 13985, Advancing Racial Equity and Support for Undeserved Communities Through the Federal Government.
Learn more here.

 

2022 National Survey on Health and Disability (NSHD)

The University of Kansas Institute for Health & Disability Policy Studies (KU-IHDPS) is looking for adults with disabilities to complete the National Survey on Health and Disability (NSHD). The NSHD is an annual, online survey about your health, quality of life, access to health care services, and the COVID-19 pandemic, as a person with a disability or health condition.
Learn more and participate here.

 

Study on Providing Direct Support during the COVID-19 Pandemic
This survey is being conducted by the National Alliance of Direct Support Professionals (NADSP) in partnership with the Institute on Community Integration at the University of Minnesota. The goal of the survey is to understand the impact of the COVID-19 pandemic on direct support professionals.
Access the survey here.

 

Suicide Prevention for Persons with Autism: A Survey Being Conducted With Participation From the Autism Society of America
Researchers at Florida Atlantic University, with the participation of the Autism Society of America, are conducting a study on suicide prevention in relation to autistic adults. Suicide is a problem that needs to be better understood in relation to autism. They want to know how crisis or suicide prevention hotlines have been helpful and what supports have worked for those with autism in times of crisis. The survey is online and completely confidential.
Access the survey here.

 

New Guidance Helps Schools Support Students with Disabilities and Avoid Discriminatory Use of Discipline
The U.S. Department of Education announced the release of new guidance from its Office for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) to help public elementary and secondary schools fulfill their responsibilities to meet the needs of students with disabilities and avoid the discriminatory use of student discipline.

These newly released resources are the most comprehensive guidance on the civil rights of students with disabilities concerning student discipline and build on the Department’s continued efforts to support students and schools through pandemic recovery.
Read guidance here.

 

CMS Proposes Rule to Advance Health Equity, Improve Access to Care, and Promote Competition and Transparency
The Centers for Medicare & Medicaid Services (CMS) is proposing actions to advance health equity and improve access to care in rural communities by establishing policies for Rural Emergency Hospitals (REH) and providing for payment for certain behavioral health services furnished via communications technology. Additionally, in line with President Biden’s Executive Order on Promoting Competition in the American Economy, the calendar year (CY) 2023 Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) Payment System proposed rule includes proposed enhanced payments under the OPPS and the Inpatient Prospective Payment System (IPPS) for the additional costs of purchasing domestically made NIOSH-approved surgical N95 respirators and a comment solicitation on competition and transparency in our nation’s health care system.

For a fact sheet on the CY 2023 OPPS/ASC Payment System proposed rule, please visit: https://www.cms.gov/newsroom/fact-sheets/cy-2023-medicare-hospital-outpatient-prospective-payment-system-and-ambulatory-surgical-center.

For a fact sheet on Rural Emergency Hospitals, please visit: https://www.cms.gov/newsroom/fact-sheets/rural-emergency-hospitals-proposed-rulemaking.

The OPPS/ASC Payment System proposed rule is displayed in the Federal Register with a 60-day comment period. The proposed rule can be downloaded at: https://www.federalregister.gov/public-inspection/2022-15372/medicare-program-hospital-outpatient-prospective-payment-and-ambulatory-surgical-center-payment

 

The Arc US’ Virtual Conference on Transforming Crisis
September 13, 2022, from 10:30 AM – 4:30 PM

For Black people, people of color, and particularly those with disabilities, an encounter with law enforcement while in crisis can lead to traumatizing and even fatal outcomes. The introduction of 988, the new national crisis hotline, has created momentum for advocates to push the tide towards a mental
health, peer support, and community de-escalation model for crisis response

Learn about:

  • How disability, race, and law enforcement interact;
  • The individual, family, and community impact of crisis responses gone wrong; and
  • Alternatives to law enforcement led crisis response at the local and federal levels

Register Here.

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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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