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Washington Update and the Affordable Care Act . The Arc of Illinois Executive Forum Marty Ford & Julie Ward The Arc December 4, 2013. Presentation Outline: UN Convention on the Rights of Persons with Disabilities ABLE Act Budget Medicaid Managed Care Social Security / SSI ACA. - PowerPoint PPT Presentation
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Washington Update and the Affordable Care Act The Arc of Illinois Executive Forum
Marty Ford & Julie WardThe Arc
December 4, 2013
2
Presentation Outline:
• UN Convention on the Rights of Persons with Disabilities• ABLE Act• Budget• Medicaid Managed Care• Social Security / SSI• ACA
Where Are We Now?Congressional Inaction
• Workforce Investment Act/Rehabilitation Act(1998)
• Developmental Disabilities Act (2000)• Elementary and Secondary Education Act
(2002)• Individuals with Disabilities Education Act
(2004)• Temporary Assistance for Needy Families
(2005)• Supplemental Nutrition Assistance Program
(2008)3
Stalled Reauthorizations:
December 4, 2013
CPRD• Convention on the Rights of Persons
with Disabilities– Opposition overwhelming supporters
• Home-school and anti-abortion advocates– More than 800 organizations supporting
• Businesses as well as disability and veterans groups • Petition with 67,000 signatures delivered to Senate
– Two Senate hearings have taken place• 11/05/13 and 11/21/13 – Foreign Relations Committee
– No floor vote scheduled
4December 4, 2013
ABLE Act• Achieving a Better Life Experience
(ABLE) Act, H.R. 647, S. 313:– Goal: To help people with disabilities and
their families save to meet their long-term ongoing support needs
–Would authorize ABLE savings accounts for people with disabilities
– Intended to be simple to use
5December 4, 2013
Structure of ABLE Accounts
• Structured within existing 529 qualified tuition program
• Qualified disability expenses:– Education– Housing– Transportation– Employment support– Health, prevention and wellness– Assistive technology and personal support– Other approved expenses– Miscellaneous financial management expenses, etc.
6December 4, 2013
Eligibility• SSI or Social Security disability • Medically determinable physical or
mental impairment, which results in marked and severe functional limitations, which will last 12 months or result in death AND provides copy of diagnosis signed by physician
7December 4, 2013
Relationship to SSI and Medicaid
• SSI cash payments suspended at $100,000 in account; SSI eligibility remains intact
• SSI cash payment re-start when account drops below $100,000 (no re-application)
• Medicaid payback provision included– At death (or if disability ceases), funds
left in account pay back Medicaid (up to amounts paid on individual’s behalf during period account was held).
8December 4, 2013
Where ABLE Stands• H.R. 647: Rep. Ander Crenshaw (R-FL)
and 311 co-sponsors• S. 313: Senator Bob Casey (D-PA) and
50 co-sponsors• Very bipartisan
*************• ABLE Act amends the tax code• Could go on a major tax bill• Could move as separate, stand-alone bill
9December 4, 2013
2014 Budget Conference Committee
10
• Created Oct 16• Charged with developing a long-
term plan by Dec 13 • Seeking to find common ground
between the FY 2014 House and Senate Budgets
• Two public meetings held to date
Diane Black (R-TN)Tom Cole (R-OK)James Clyburn (D-SC)Nita Lowey (D-NY)Tom Price (R-GA)Paul Ryan (R-WI)*Chris Van Hollen (D-MD)
Kelly Ayotte (R-NH)Tammy Baldwin (D-WI)Michael Crapo (R-ID)Chris Coons (D-DE)Mike Enzi (R-WY)Lindsey Graham (R-SC)Charles Grassley (R-IA)Ron Johnson (R-WI)
Tim Kaine (D-VA)Angus King (I-ME)Patty Murray (D-WA)*Jeff Merkely (D-OR)Rob Portman (R-OH)Ron Wyden (D-OR)Bill Nelson (D-FL)Bernie Sanders (I-VT)
Debbie Stabenow (D-MI)Jeff Sessions (R-AL)Pat Toomey (R-PA)Mark Warner (D-VA)Sheldon Whitehouse (D-RI)Roger Wicker (R-MS)
• House Members Senate Members
House and Senate 2014 Budget 10 year plans
11
House Senate
ACA Repeals the ACACuts health spending by $1.8 trillion
$10 billion in unspecified cuts to health programs
Medicaid Block grants Medicaid and cuts spending by $810 billion
$10 billion in Medicaid cuts with caveat that none affect beneficiaries
Medicare Turns Medicare into a voucher program and has steep cuts in Medicare payments to doctors
$265 billion in Medicare cuts
Social Security and SSI
Social Security not cut, but President and Congress required to develop solvency plan. $300 billion cut from the income security portion of the budget which includes SSI
No changes
Non-Defense Discretionary Programs
$3.8 trillion cut beyond the across-the-board spending cuts
Replaces the across-the-board spending cuts with $493 billion in domestic spending cuts, in addition to above
Revenue(Taxes)
Cuts taxes by $5.7 trillion $975 billion in new revenue through unspecified tax reform, such as eliminating deductions and credits. Specifies that increases should come from wealthy families and big corporations
December 4, 2013
Options for Reducing the Deficit
12
• The Congressional Budget Office (CBO) released its report “Options for Reducing the Deficit: 2014-2023” on Nov 13
• A number of the options would be harmful to people with disabilities:• reducing Social Security benefits for new beneficiaries by 15%• using an alternative measure of inflation (the “chained”
consumer price index (CPI)) to index Social Security and other mandatory programs
• raising the full retirement age for Social Security • eliminating Supplemental Security Income (SSI) benefits for
children
Where are We Now?Looming Threats
• Medicaid– Severe cuts– Global or Per Person Caps
• Social Security / SSI– Potential for cuts as part of deficit reduction– Need to replenish the Disability Insurance
Trust Fund (projected date: 2016)• Affordable Care Act– Implementation
13
December 4, 2013
Where are We Now?What We’re Watching
Medicaid managed LTSS• States moving to managed Long
Term Services and Supports for I/DD– Kansas - Jan 1, 2014– NY – 1915(b)(c) People First Waiver -
pending– CA – 1915(i) for those not meeting
ICF/ID level of care - pending– NH – 1932(a) – I/DD phase II in 2014
14
December 4, 2013
Where are We Now?What We’re Watching
Demonstrations for dually eligible• MOUs negotiated (CA, IL, MA, MN,
NY, OH, VA, WA)• Only WA and VA include a small
number of I/DD
15
December 4, 2013
Social Security & SSI – Under Attack
• Social Security is no longer the Third Rail
• Attempts to include in deficit reduction, tax reform, entitlement reform
• Many attacks on Social Security disability programs
• Skewed media coverage• Timing is bad
16December 4, 2013
The Arc’s Response• Preserve benefits, eligibility
for current and future beneficiaries
• Keep Social Security and SSI out of deficit reduction efforts
• Maintain the basic structure of Social Security and SSI
• Support adequate administrative funding and program enhancements for people with disabilities
17
The Arc’s Peter Berns speaks out in Washington to protect Social Security from cuts in budget negotiations. At left, Sen. Sheldon Whitehouse (D-RI).
December 4, 2013
Social Security & SSI Resources
18
With Congress gearing up for more “fiscal cliff” battles this year, The Arc is concerned about threats to Social Security and Supplemental Security Income (SSI). These lifelines provide essential financial security for millions of Americans, including people with intellectual and developmental disabilities (I/DD).
December 4, 2013
ACA Implementation• Politically divisive law--each state
different• Website woes and cancellation stories• The Arc emphasis on shaping the
regulations– Through meetings with officials– Comments on regulations and guidance– Developing materials & updating website
19
December 4, 2013
Affordable Care Act (ACA)• Reforms Insurance Markets• Expands Coverage – Optional Medicaid expansion to
133% of poverty– Health insurance marketplaces (formerly
called exchanges) • Enrollment period October 2013-March 2014• Federal government, state or partnership models• Subsidized private insurance for low and
moderate income
20
December 4, 2013
Insurance Reforms in 2014
• Can’t consider health status when calculating premiums
• Prohibit discrimination based on health status
• Eliminate use of annual limits for all • Guaranteed issue and renewability• Pre-existing condition clauses
eliminated for adults
21
December 4, 2013
The Arc Web Resources
22
ACA Resources: In-depth analysis
23
ACA Resources:Impact on nonprofit employers
24
Most Recent NPM• Offer suggestions
on what to think through
• Cost is more than premiums
• Provider networks and drug formularies critical
• http://www.thearc.org/document.doc?id=4387 2
5
HHS Resources• For individuals needing health
insurance– https://www.healthcare.gov/
• For chapters wanting educational and training resources– http://marketplace.cms.gov/
26
December 4, 2013
HHS Resources, continued
• http://marketplace.cms.gov/getofficialresources/widgets-and-badges/mp-badges-english.html
27December 4, 2013
Issues for Monitoring • Habilitation• State mandates• Medically frail• Exchange or Medicaid• Nondiscrimination• Enrollment problems
28
December 4, 2013
Advocacy Challenges• Telling our story• Competing priorities• Creating new champions
29
December 4, 2013
30
What Can Advocates Do?
• Tell stories – how policy affects individuals
• Self-advocates, siblings, parents, State and local chapters, direct support workers—all have a role to play–Why programs are important–What they mean to people– Necessary and basic--not luxuries
December 4, 2013
31
Spread the Word• Get friends and family involved • Work with other groups• Stay informed—visit– The Arc’s public policy page
(www.thearc.org)– Sign up for action alerts
December 4, 2013
32
SAVE THE DATE2014 Disability Policy Seminar
April 6-9, 2014Grand Hyatt Washington
2015 Disability Policy Seminar - New Location
April 13-15, 2015Renaissance Washington DC
December 4, 2013
33
QUESTIONS?
December 4, 2013
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