Federal

On July 30, 2018, President Trump signed HR 6042 which delays the requirement for personal care service providers to utilize an electronic visit verification (EVV) system. This action changes the deadline by one year, to become effective January 1, 2020. HR 6042 was signed into law in order to delay reduction in the Federal Medicaid Assistance Percentage (FMAP) for personal care services furnished without an EVV system, and also requires more stakeholder input into the implementation process. For questions, contact Carol Ferenz, RCPA IDD Division Director.

July 26 marked the 28th Anniversary of the Americans with Disabilities Act (ADA), signed into law in 1990 by President George Bush. The White House released the following proclamation:

THE WHITE HOUSE
Office of the Press Secretary
FOR IMMEDIATE RELEASE

July 25, 2018

Anniversary of the Americans with Disabilities Act, 2018
By the President of the United States of America
A Proclamation

On the 28th anniversary of the Americans with Disabilities Act (ADA), we celebrate this historic legislation, which echoed our Nation’s founding promise to recognize and secure the equal rights of all men and women. Today, we reaffirm our commitment to cultivate further opportunities for all Americans to live full and independent lives, and recognize the many contributions enabled by expanded participation of Americans with disabilities in our society.

President George H.W. Bush signed the ADA into law on July 26, 1990. It has transformed the lives of millions of Americans living with disabilities by promoting their equal access to employment, government services, public accommodations, commercial facilities, and public transportation. Today, people of all ages with disabilities are better able to thrive in the community, pursue careers, contribute to our economy, and fully participate in American society.

Our Nation must continue to build upon this foundation and continue to further the participation of the more than 56 million Americans living with disabilities. My Administration continues to encourage research that will lead to advancements in technology, medicine, and other fields and better enable independent living. We are also expanding and promoting equal education and employment opportunities for Americans with disabilities to live and work. In this regard, in June of last year, I signed an Executive Order to develop more apprenticeship programs for all people, including those with disabilities. Additional training will encourage better involvement from businesses and allow people with disabilities to contribute meaningfully to a wide variety of industries.

As we commemorate the anniversary of the ADA, we recommit ourselves to fostering an environment in which all Americans have the opportunity to pursue the American Dream.

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim July 26, 2018, as a day in celebration of the 28th Anniversary of the Americans with Disabilities Act. I call upon all Americans to observe this day with appropriate ceremonies and activities that celebrate the contributions of Americans with disabilities and to renew our commitment to achieving the promise of our freedom for all Americans.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of July, in the year of our Lord two thousand eighteen, and of the Independence of the United States of America the two hundred and forty-third.

DONALD J. TRUMP

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Breaking: CMS Proposes Historic Changes to Restore the Doctor-Patient Relationship & Streamline Clinical Billing

From HIT Consultant
by Jasmine Pennic 07/12/2018

On Thursday, the Centers for Medicare & Medicaid Services (CMS) proposed historic changes that would increase the amount of time that doctors and other clinicians can spend with their patients by reducing the burden of paperwork that clinicians face when billing Medicare. The proposed rules would fundamentally improve the nation’s healthcare system and help restore the doctor-patient relationship by empowering clinicians to use their electronic health records (EHRs) to document clinically meaningful information, instead of information that is only for billing purposes… Read full article.

This week, both the US Senate and US House introduced bipartisan legislation (HR 5912 in the House and S 2897 in the Senate) designed to delay implementation of the Electronic Visit Verification (EVV) provision of the 21st Century Cures Act and require public input from stakeholders. The bill was led by Senators Lisa Murkowski (R-AK) and Sherrod Brown (D-OH) and co-sponsored by a range of Democrats and Republicans in the Senate and House. The EVV delay bill gives states an additional year to implement EVV, having it take effect on January 1, 2020 instead of January 1, 2019.

In late 2016, Congress had ordered states to install EVV systems as a way of preventing fraud in Medicaid as part of the 21st Century Cures Act, but many challenges arose after the bill passed. This is partially due to CMS not releasing guidance on the EVV statute until May 2018, leaving states in the dark for a full 18 months following passage of the EVV law. Even despite CMS’ recent guidance, many concerns remain about which disability supports and services are required to comply with the rule. Additionally, because there has been little stakeholder input, questions abound about privacy, costs, and other aspects of compliance.

Please contact your legislators and ask them to support the EVV delay bill. The American Network of Community Options and Resources (ANCOR) has been instrumental in advocating for this legislation; RCPA is proud to be a member of ANCOR and appreciates their initiative on this issue.

Please find a press release below from Senator Casey regarding HR 620:

For Immediate Release
February 14, 2018

Contact:
Jacklin Rhoads
202-228-6367 (o)
202-384-8989 (m)

Casey Statement On House of Reps. Decision to Continue Consideration of Disability Civil Rights Gutting Legislation

Washington, D.C. – On the eve of a planned vote by the House of Representatives on HR 620, the mis-named ADA Education and Reform Act of 2017, U.S. Senator Bob Casey released the following statement:

“The Americans with Disabilities Act (ADA) was passed in 1990 as the last of the major civil rights laws. The ADA changed the landscape of the country by ensuring that all parts of communities were accessible to Americans with disabilities. Prior to the passage of the ADA, people with disabilities were often denied access to grocery stores, movie theaters, ball parks, trains and buses. With the passage of the ADA, people with disabilities were assured the rights to access all businesses and services offered to the general public without discrimination.

Now, the House of Representatives is scheduled to vote on a misguided, mean-spirited bill that will significantly limit the rights of people with disabilities by removing the teeth of the Americans with Disabilities Act.

HR 620 will make it more difficult for people with disabilities to gain entrance to local stores, attend a play, or use a web site. This bill removes the need for a business or any organization that offers its services to the public to make those services accessible until a complaint is filed. The bill makes it more difficult to file a complaint and would make a person with a disability wait up to 180 days or more to gain access to services. That’s a long time to wait for a meal in a restaurant, to fill a prescription or to get a haircut.

I urge my House colleagues to vote no on this bill and recognize that Congress should be protecting the civil rights of people with disabilities, not weakening and discarding those rights.

HR 620 would make the over 50 million Americans with disabilities second class citizens. The Americans with Disabilities Act was passed nearly 28 years ago, assuring the rights of people with disabilities to be treated as equals under the law. I will continue to fight to protect those rights and oppose any legislation that threatens those rights.”

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Emergency Briefing THIS AFTERNOON Regarding HR 620
1-866-439-4480
59741638#

Congress is on the verge of weakening the Americans with Disabilities Act (ADA). Tomorrow morning, lawmakers are expected to vote on HR 620 – the ADA Education and Reform Act – which removes incentives for businesses to comply with the ADA. This weakens the ADA and people with disabilities’ civil rights because it puts the weight of enforcing the ADA on their shoulders.

Today is our opportunity to stop it. We need you, and like-minded constituents, to tell Congress to vote AGAINST this cruel and unfair bill. Join today at 3:00 pm (ET) to protect the ADA by dialing 1-866-439-4480, 59741638#.

Even if you can’t call in, please take these steps immediately:

  • WHAT: Call your Member of Congress and tell them this bill weakens the rights of people you support.
  • WHEN: Today. Don’t Wait.
  • HOW: Call the Congressional switchboard at (202) 224-3121 or (202) 224-3091 TTY and tell the operators your state and zip code. They will connect you to your representative.

SUGGESTED SCRIPT
“Hello, I am a constituent who cares deeply about people with disabilities. I am calling to ask the US Representative to oppose HR 620 – the ADA Education and Reform Act – because it removes incentives for businesses to comply with the ADA. This weakens the ADA and people with disabilities’ civil rights because it puts the weight of enforcing the ADA on their shoulders. Thank you for your hard work answering the phones.”

Join us today at 3:00 pm (ET) to hear the latest on this problematic legislation, including which legislators could make the difference.