October 2024 Advocacy Update
Happy National Disability Employment Awareness Month!
Did you know that much of the country, including Massachusetts, has a subminimum wage for people with disabilities? This means that employers can legally pay someone with a disability less than the minimum wage. For Massachusetts that’s less than $15 an hour, and federally, that’s less than $7.25. In fact, there are reports of some employees with disabilities making less than a dollar per hour.
As of October 1st, 2024, the Massachusetts’ Department of Developmental Services, which serves individuals with developmental disabilities, has phased out the subminimum wage for individuals participating in Group Supported Employment (GSE). However, the subminimum wage is still legal for other employers that apply for a minimum wage waiver, also known as a 14c certificate.
Section 14c of the Fair Labor Standards Act (FLSA) permits employers to pay less than the minimum wage. The FLSA was passed in 1938, and while it initially included a “wage floor” of 75% of the minimum wage, that “wage floor” was ultimately eliminated. This has allowed people with disabilities to be paid far below the minimum wage for decades. As of 2023, only 16 states have passed legislation restricting or eliminating the use of 14c. Thankfully, there are bills in the House and the Senate that would phase out 14c and offer funds to states to develop new models of employment support for people with disabilities. You can also take action to end subminimum wage, here.
Often, people with cognitive disabilities are the ones most affected by subminimum wage laws, but employment is a critical issue for people with all types of disabilities. The employment rate for people with disabilities is half that of people without disabilities. Lack of accessibility, discrimination, lack of transportation or functioning medical equipment such as wheelchairs, concerns about losing benefits, and the use of AI in the hiring process are all significant barriers to employment.
In honor of National Disability Employment Month, there will be a number of webinars addressing the barriers to employment for people with disabilities. The U.S. Access Board will have a conversation around navigating the interactive process of requests for accommodations. The Disability Employment TA Center will host a panel discussion about the important role of American Job Centers in connecting people with disabilities to accessible jobs. The ABLE National Resource Center will host a webinar on navigating benefits such as Medicare, Medicaid, SSI and SSDI, when returning to work. Finally, the Commission on the Status of Persons with Disabilities will have a Disability Employment Celebration at the Massachusetts Statehouse (if you cannot attend in person, you can also attend virtually). If none of those webinars work with your schedule, the Massachusetts Office on Disability offers fact sheets on employment discrimination and regular webinars on the accommodation process (the next webinar begins in November).
Financial Planning:
An ABLE account is a tax-free savings account owned by a person with a disability. ABLE accounts allow individuals to save money, without it affecting their eligibility for SSI or Medicaid benefits. Without an ABLE account, it is often impossible to accrue assets and still receive federal benefits. Currently, ABLE accounts are available to anyone who’s date of onset of disability is prior to the age of 26. However, there have been recent legislative changes that will expand the age of onset of disability to 46 by January 1st, 2026. Learn more about ABLE accounts here to find out if an ABLE account is right for you.
Related: Casey Introduces Suite of Bills to Expand Access to Savings Accounts for People with Disabilities
Input Opportunities:
POWER STANDING:
Last year, CMS decided to cover seating elevation systems in power wheelchairs. At that time, they chose to delay their decision on standing elevation systems in power wheelchairs. In August, a group of Senators sent a letter to the Centers for Medicare and Medicaid Services (CMS) calling for Medicare coverage of standing systems in power wheelchairs.They outlined that standing elevation systems are a medical necessity due to the benefits of standing regularly, such as, increased metabolic function and the reduced risk of, or treatment of, secondary complications like pressure injuries and osteoporosis.
Now, a group of Representatives are preparing to send their own letter to CMS. Please urge your U.S. Representative to sign on to this letter by taking action here. They have until October 4th to do so.
AIR CARRIER FAMILY SEATING REGULATIONS:
The US Department of Transportation is proposing to require air carriers to seat children aged 13 and under next to at least one accompanying adult at no additional cost. Please take this opportunity to share how this rule may affect your accessible seating needs in a public comment by October 8th.
AI AND DISABILITY:
In August, the U.S. Access Board held public hearings on the impact of Artificial Intelligence on the disability community. All three hearings included presentations from AI practitioners, professionals, researchers, and individuals with disabilities. Recordings of the sessions can be found here. Now, the Access Board is seeking written comments of 300 words or less until October 31st.
AI has many opportunities to improve the lives of people with disabilities, from AI that “sees” for blind and low-vision individuals to autonomous vehicles that expand independence for those with physical disabilities. AI also has many opportunities to negatively impact the lives of people with disabilities, from its use in job application software to predictive medical treatment.
Please email comments to events@access-board.gov. Include “AI Written Comment” in the subject line. Include your name, organization if applicable, and specific AI topic with your comments.
ELECTRIC VEHICLE CHARGING STATIONS:
The U.S. Access Board wants input on a proposed rule for electric vehicle (EV) charging stations. This rule would amend accessibility guidelines to include EV charging stations. The EV charger, charging space, access aisles, and accessible routes to the EV charging stations would be addressed. Click here for more information, including how to comment. Please comment by November 4th.
Housing:
The United States Departments of Housing and Urban Development (HUD) just changed how Mainstream Vouchers can be used. HUD Mainstream Vouchers provide funding to public housing agencies (PHAs) that provide rental assistance to people with disabilities between the ages of 18 and 62. These vouchers can be used to assist people with transitioning back into the community from institutional living, to prevent individuals that are at risk of being institutionalized, and to address homelessness, or risk of homelessness.
The changes to the program will allow public housing agencies to partner with other organizations that help people with disabilities access community living, such as, Centers for Independent Living, state protection and advocacy agencies, Medicaid agencies, Continuums of Care, etc. Additionally, the policy changes will allow for significantly more time to search for housing. Read the press release here. Read the study that allowed these changes to occur, here.
Additionally, HUD awarded $138.5 million in grants to a number of state housing agencies to expand the supply of housing for low-income people with disabilities. Massachusetts was granted $8 million for 70 units and New Hampshire was granted just over $4 million for 50 units. Funding was made possible through the newly reformed Section 811 Project Rental Assistance (PRA) for Persons with Disabilities program.
Related: Soaring Insurance Costs Could ‘End’ Affordable Housing, Developers Warn and Justice Department Issues Letter to State and Local Police Departments and Governments Explaining that Certain Housing Programs May Violate Federal Law
Transportation:
Local:
The Winchester Center station on the Lowell Commuter Rail Line is partially reopened, as of the end of September. The south side of the station is fully accessible. Portions of the station are still being constructed, which impacts the accessibility of the station. To exit the train in Winchester, ride in the first two coaches closest to the leading end of the train. If you are not seated in the first two coaches when the train arrives, let a crew member know. The train will be moved so that you may disembark. Construction should be completed by the end of the year, and will feature a fully accessible raised platform that allows riders to enter and exit the train from any coach.
Additionally, the MBTA has a new low-income fare program. Riders who receive MassHealth Standard, MassHealth Limited, or Supplemental Nutrition Assistance Program (SNAP), among a few other state assistance programs, should apply. Reduced fares will also be applicable to certain RIDE trips, the commuter rail and ferry. Applications can be filled out online, or in person.
Free at-home COVID-19 Tests:
The U.S. Department of Health and Human Services Administration for Strategic Preparedness and Response and the United States Postal Service has begun a new program offering free COVID-19 tests. Each order will include four tests that will detect the current COVID-19 variants.
One of the available test options is the Orasure InteliSwab test, which is more accessible for people with low manual dexterity. For more information on the features that make the InteliSwab test more accessible, please visit, ACL.gov/AccessibleTests. Order accessible tests here. Order standard tests here.
How to Navigate Insurance after Life-Changing Injury & Illness:
Spaulding hosts a yearly webinar to provide information and education.This year’s webinar covered the insurance maze. Learn the difference between commercial, Federal (i.e. Medicare), State (i.e. Medicaid), and long-term plans, as well as tips and tricks to get the most out of your insurance purchase. This webinar information is not specific to Massachusetts. Watch the recording, as well as last year’s recording on community organizations, here.
Long Term Care:
The Long-term Care bill (H.5033) was signed into law this month! There will be many more protections for older adults and people with disabilities in Massachusetts. Most of the provisions apply to individuals living in long-term care facilities such as nursing homes, and address: stronger infection control standards, chronic staff retention issues, and greater oversight of potential operators, among others. Additionally, the bill included changes to Massachusetts’ Estate Recovery policy.
The changes to Estate Recovery were originally included in a stand alone bill, but were added to the Long-term Care bill late in the formal legislative session. The term “Estate Recovery” refers to the act of seeking reimbursement for long-term care services paid on behalf of an individual after the age of 55. Estate Recovery is federally mandated, however, up until now, Massachusetts (along with 23 other states) had policies that exceed the above requirements. Prior to enacting this bill, Massachusetts sought Estate Recovery for the total cost of care provided to individuals 55 or older on all MassHealth programs including CommonHealth. As such, Estate Recovery could necessitate the sale of the family home, preventing the accumulation of wealth in certain communities and causing a financial burden for the surviving family members.
With the signing of this bill into law, Massachusetts will conduct Estate Recovery for long-term care expenses only, as required by federal law, for anyone who passes away on or after August 1st, 2024. Read more here and here.
Events*:
*(all events are free unless otherwise noted)
National Disability Employment Awareness Month Celebration:
Wednesday, October 23rd, 2024 from 11:00 am - 4:00 pm
Massachusetts State House (Room 437 or Hall of Flags) or virtually, by Zoom
Join the Massachusetts Commission on the Status of Persons with Disabilities to celebrate national disability employment awareness month and to engage in discussions on accessible voting and workplace inclusivity. There will be three parts to the event. First, from 11:00 am - 12:00 pm in room 437, a panel discussion on accessible voting, then from 12:30 pm - 2:00 pm in the Hall of Flags, the main celebratory event honoring employers, employees, and legislators, and finally, from 2:30 pm - 3:30 pm in room 437, a discussion on bridging the gaps in disability employment. The accessible entrance is the Ashburton Park Entrance located at 122 Bowdoin Street.
U.S. Access Board: A Review of the Requirements in the ADA and ABA Standards
Thursday, October 3rd, 2024 from 2:30 – 4:00 pm, on Zoom
Join the U.S. Access Board for a webinar reviewing the requirements set by the Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA) for planned alterations and additions, including what constitutes an alteration and what exceptions apply. The webinar will include video remote interpreting and real-time captioning.
DETAC Webinar: The Role of American Job Centers in Promoting Access to Good Jobs for All
Tuesday, October 8th, 2024 from 3:00 pm - 4:30 pm, on Zoom
Join the Disability Employment TA Center in honor of Disability Employment Month for a webinar on the beneficial role of American Job Centers (AJCs) in assisting job seekers with disabilities prepare for, obtain, and retain employment. This webinar will offer live-captioning and ASL translation.
United Spinal Association: StrongWheeled Together
This year, the United Spinal Association’s StrongWheeled Together conference will be split into a number of webinars across the fall months of 2024.
From Surviving to Thriving
October 8th from 6:00-7:00 PM
Mindful Movement
October 10th from 5:00-6:30 PM
Innovations and Insights for Booking Accessible Travel
October 23rd, from 3:00-5:00 pm
Tech Access: Exclusive Product Updates for Wheelchair Users
November 12th, from 3:00-5:00 pm
United Spinal Association’s Advocacy LIVE:
Tuesday, October 15th, 2024 from 1:00-2:00 pm, on Zoom.
Please register here to attend.
Interested in grassroots advocacy? The United Spinal Association holds a monthly meeting for advocates to collaborate with advocates from across the United States on Federal, state, and local issues affecting the disability community. Top priorities include wheelchair repair, air travel, SSI asset limits, parking, emergency preparedness, care support, and housing. Advocacy LIVE meetings are held monthly on the third Tuesday, alternating each month from 1-2 PM and 5-6 PM.
Interested in specific issues? Join one of United Spinal’s working groups! Groups include: outdoor access, accessible parking, accessible transportation, emergency preparedness, and care support. Complete this form to join any of the groups.
Understanding the ADA’s Interactive Process: How Employers and Employees Should Discuss Requests for Accommodations
Tuesday, October 15th from 2:00 - 3:00 pm, on Zoom
Register here.
Accommodation requests can be lengthy and confusing. The U.S. Access Board attempts to clarify one of the most confusing aspects of requesting accommodations: the “interactive process”. This process allows employers and employees to have a discussion about an accommodation request, “including why the accommodation is needed and what forms of accommodation might be effective”. This involves sharing information, including at times medical documentation, that will allow employers to understand the requests.
Employment and an ABLE Account: A Winning Combination:
Wednesday October 23rd, from 2:00 - 3:00 pm ET
Join ABLE National Resource Center for a webinar on navigating employment with a disability. This webinar will cover Social Security work incentives, the Ticket to Work program, and how an ABLE account can provide an avenue for managing earnings whilst maintaining a connection to Medicaid.
ABLE accounts are currently for disabled individuals that were already or became disabled by the age of 26, however, by 2026 the cut off age will increase to 46 years old. Learn more here.
PCA/Caregivers:
IAE: In August, the Dignity Alliance hosted a listening session on the proposed Independent Assessment Entity for MassHealth. During this session, Mike Levine, MassHealth’s Executive Secretary, announced that they will no longer seek a single entity to perform assessments for long term supports and services (LTSS), such as the PCA program.
That being said, MassHealth still intends to seek proposals for a single entity that would address some of the issues with the current system, such as the long wait times for services and confusion around available LTSS programs. If you missed the listening session, you can watch the recording here.
Related: HHS Releases Progress Report on Federal Implementation of the National Strategy to Support Family Caregivers and Home Based Care Workers Face a Wellbeing Crisis According to New Report
Survey Opportunity:
This is an image of the flyer advertising for the photo survey for mobility aid users.
Researchers from the University of Washington are looking for mobility aid users to participate in a photo survey. The goal of this survey is to improve sidewalk accessibility for mobility aid users, such as people who use wheelchairs. Participants must be 18 years of age or older and be sighted. The survey will take approximately 20 minutes to complete, with the possibility of a follow-up interview. Participants will receive $10 for completing the survey. Please fill out this form to indicate your interest in participating.
Elections Are Quickly Approaching!
Register online in Massachusetts here, the deadline is October 26th! Not in Massachusetts? Learn how to register in your state here! Find your Massachusetts polling location here!
Your right to vote is protected by a number of federal laws, including the ADA. You can vote in person or by mail. Sign up to vote by mail in Massachusetts here.
Some examples of accessibility accommodations when voting in person:
Service animal support
Bringing another person to help you fill out your ballot
Accessible parking spaces
Wheelchair accessible polling locations
If your polling location is not wheelchair accessible, you may be able to vote at another polling location or through curbside voting. Contact your state or local election office to confirm that your polling location is accessible to you. Want to improve accessibility at your polling place? Perform an accessibility audit with the National Polling Access Audit Coalition’s toolkit.
Related: Justice Department Sues Wisconsin Townships to Ensure Accessible Voting and Justice Department Secures Landmark Agreement with Los Angeles County to Increase Accessibility for Voters with Disabilities
Travel:
Traveling with a wheelchair can pose some unique challenges. This is why Permobil has put together some checklists and guides on how to safely travel with your wheelchair. They also offer a downloadable travel tag for your chair. The United Spinal Association Care Support Work Group has provided resources for creating a care support plan while traveling. Marriott hotels agree to “improve its accessible-room reservation system.” And if you missed it, two airline companies race to have the first on-board wheelchair securement systems.
From United Spinal Association:
Take Action: Support Home and Community Based Care workers here, here, and here. Reform wheelchair service and repair. Create a pilot program that would help the length of rehabilitation stays. Ask CMS to change the “in the home” language. Additionally, Tell DOT to Finish the Job on Safe Air Travel
Wheelchair Stories: United Spinal is looking for stories on wheelchair repair issues. If you are on Medicare, need your wheelchair replaced or repaired, and have been denied and/or extended delays for coverage for a qualified provider-prescribed wheelchair, please email policy@unitedspinal.org.
Policy Survey: Bring your most important issues to United Spinal—they’re here to help. Let them know how they can focus on what’s important to you by taking this brief policy survey.
Advocacy 101: Interested in expanding your advocacy knowledge? Head over to United Spinal Association’s website to take their first module: Why Advocacy?. You’ll learn a history of disability related advocacy, important definitions, and ways to be a more successful advocate. Click here to take the course. It will take 45 minutes or less to complete.
Emergency Preparedness: What Can Wheelchair Users Do in An Emergency Evacuation?
Health Equity: United Spinal has compiled a list of resources to help you receive the healthcare you deserve!
From the Christopher and Dana Reeve Foundation:
Self-Advocacy Series: This is a seven-part video series on disability rights and self-advocacy. Explore disability history and learn about Section 504 and the Americans with Disabilities Act (ADA), and pick up tips on navigating healthcare, employment, housing, transportation, and education. Watch the series here.
Boston:
Did you know? Boston has a number of restrooms open to the public. Sometimes they can be difficult to find. You can find a map of all of the public restrooms available in the city here.
The Boston Disability Commission offers a number of programs, including how to apply for an accessible parking spot, requests for a curb ramp installation or repair, and additional information on housing, transportation and employment.
Be a Better Research Advocate:
The North American Spinal Cord Injury Consortium (NASCIC) is offering a free course on research advocacy. Including individuals with SCIs and their caregivers in the research process is critical to improving the quality of SCI research. This course intends to increase knowledge about the research process for advocates and offer tools to researchers and healthcare providers to be better partners of the SCI community. This course includes 12 modules, each with a quiz at the end. You will receive a Certificate of Completion upon completion of the course with passing scores. It will take approximately 6 hours to complete the course. Click here to get started with the course.
Federal Bills on Our Radar:
The SSI Savings Penalty Elimination Act:
H.R. 5408/S.2767: SSI asset limits have not changed since 1989, leaving many struggling to make ends meet. This bill would raise the asset limit from $2,000 for an individual and $3,000 for a couple, to $10,000 and $20,000 respectively. The asset limit would also annually adjust for inflation. It is currently in the House committee on Ways and Means and the Senate committee on Finance. You can contact your legislators through congress.gov to let them know what you think of this bill. The House and Senate links are here. If you are in favor of this bill, United Spinal has a pre-written email that you can sign your name to and send to your legislator.
The Choices for Increased Mobility Act:
This bill, H.R. 5371, would allow Medicare beneficiaries to obtain access to titanium and carbon fiber wheelchair frames, by allowing them to upgrade their wheelchairs at their own cost. Currently, Medicare beneficiaries are not allowed to upgrade their wheelchairs to a titanium frame, and many commercial plans (which often mirror these coverage policies) have followed suit. Titanium and Carbon fiber frames offer a freedom of mobility and reduction of secondary health concerns that other frames do not, due to being extremely lightweight. This bill has been reported favorably by the federal House Energy and Commerce committee and is being reviewed by the House Ways and Means. Feedback is also being accepted on this bill at congress.gov. Click here.
The VITAL Act:
H.R.8380, or the Visitable Inclusive Tax Credits for Accessible Living (VITAL) Act aims to increase the number of affordable accessible housing units in the nation. It would increase funding for the Low-Income Housing Tax Credit (LIHTC) program, increase funding for developers who build units that are accessible to people with disabilities and in locations that are connected with their community, and require that at least 40 percent of the units constructed under LIHTC are adaptable/accessible for people with disabilities. Read the fact sheet here.