News
Great news on theNational Disability Institutewebsite stating that Governor Walker signed the ABLE Act into law on July 12th.
Wisconsin Becomes Latest ABLE State
On July 12, Governor Scott Walker signed into lawSenate Bill 21, the Wisconsin State Budget. The ABLE Act was included as a provision to the underlying bill.
The ABLE Act will allow certain individuals with disabilities and their families the opportunity to contribute to a tax-exempt savings account that can be used for maintaining health, independence and quality of life. As passed, the ABLE Act requires each state to independently establish, implement or contract with other states on the availability of ABLE accounts.
National Disability Institute (NDI) has long championed the ABLE Act as a critical strategy to providing a pathway to a better economic future for all people with disabilities. As the nations first nonprofit dedicated to improving the financial health and future of all people with disabilities, the organization has extensively documented and called attention to the daily reality and extra expenses associated with living with a disability, and the challenges of navigating the complex web of government rules to maintain public benefits eligibility.
NDI applauds the Wisconsin State Legislature and Governor Walker for their support of the ABLE Act. We look forward to working with other states on crafting and passing similar legislation.
For the latest updates on the status of state ABLE legislation,please visit National Down Syndrome Society's ABLE State Bills webpage. To learn more about the ABLE Act,please visit NDIs ABLE Act webpage.
The Department of Justice has published a new 9-page ADA technical assistance document,http://www.ada.gov/regs2010/service_animal_qa.html" target="_blank" rel="noreferrer noopener">Frequently Asked Questions about Service Animals and the ADA|http://www.ada.gov/regs2010/service_animal_qa.pdf" target="_blank" rel="noreferrer noopener">PDF, to further assist covered entities and people with disabilities to understand how the ADAs service animal provisions apply to them. The document answers questions that continue to be asked since the publication of the Departments 2011 document,http://www.ada.gov/service_animals_2010.htm" target="_blank" rel="noreferrer noopener">Revised ADA Requirements: Service Animals.
***Thanks to the Great Lakes ADA Center for this information.
Another interesting article inDisability Scoopwritten by Michelle Diament about the new rules the IRS is proposing for the ABLE (Achieving a Better Life Experience) Act. She explains some of the proposed guidelines and implications.
IRS Proposes Rules For New ABLE Accounts
By Michelle Diament
Six months after a federal lawpavedthe way for tax-free savings accounts for people with disabilities, officials are providing details on how they expect the new program to operate.
In aproposed ruleissued Monday, the Internal Revenue Service unveiled guidelines for the Achieving a Better Life Experience, or ABLE, Act. The federal law is designed to allow people with disabilities to save money without risking their government benefits.
The proposal offers specifics for the first time on how the new accounts should function and clarifies what types of expenses money saved in an ABLE account could be used for.
Advocates say theyre pleased that the IRS took a lenient view in determining what counts as qualified disability expenses under the law. Though the ABLE Act mandates that money can be used for specific purposes including transportation, housing and education, the law also allows for other expenses and it is up to regulators to determine what should qualify.
The Treasury Department and the IRS conclude that the term qualified disability expenses should be broadly construed to permit the inclusion of basic living expenses and should not be limited to expenses for items for which there is a medical necessity or which provide no benefits to others in addition to the benefit to the eligible individual, the proposal states.
The view that expenses must merely offer a quality of life benefit for a person with a disability rather than be of medical merit is significant, said Heather Sachs, vice president of advocacy and public policy at the National Down Syndrome Society.
Were glad to see that a person with a disability would not have to justify the purchase of an iPhone or something similar as a medical expense, Sachs said.
Other details within the proposal are causing concern, however. The reporting and oversight requirements outlined go beyond those governing 529 college savings plans that the ABLE accounts were modeled on and could make the disability savings vehicles onerous to administer or utilize, advocates and state officials say.
As I read the proposed regulations, every time individuals with disabilities want to spend even a single dollar of their money, from their own ABLE accounts, they have to file paperwork with the state demonstrating that each is a qualified disability expense,' said Nebraska State Treasurer Don Stenberg. This is a slap in the face of Americans with disabilities, is an unreasonable and unnecessary burden on them, and will create administrative burdens that will increase the costs qualified individuals will need to pay to use the program.
The proposed rules will be up for public comment for 90 days before the IRS issues final regulations.
In the meantime, several states are working to make the ABLE Act a reality for their residents. Despite the federal law, each state must put their own regulations in place before making the accounts available.
Currently, the ABLE Act has been enacted in 22 states, according to the National Down Syndrome Society. Each of these states, however, is still working out details related to administering the program.
Sachs said she expects that states will likely wait for the final IRS rules to be issued before allowing financial institutions to begin offering ABLE accounts.
Source:http://www.disabilityscoop.com/2015/06/23/irs-proposes-rules-able/20401/
DISABILITY SCOOP: Under Bill, Medicaid Would Incentivize Community-Based Options
By SD Network, 2015-07-07
This is an interesting article inDisability Scoopwritten by Michelle Diament about how a bipartisan group of senators who are proposing a bill which wouldprovide financial incentives to states for helping people with disabilities live and work in the community. Under the bill, a five-year program would be established in 10 states. It will be interesting to see what comes of this.
Under Bill, Medicaid Would Incentivize Community-Based Options
By Michelle Diament
A bipartisan group of senators is looking to provide financial incentives to states for helping people with disabilities live and work in the community.
The lawmakers want to establish a new Medicaid demonstration program that would offer financial bonuses to states for encouraging community-based outcomes. Under a bill introduced this week, a five-year program would be established in 10 states.
States have financial disincentives to do more under the current system. This bill would try something different, said the measures chief sponsor, U.S. Sen. Chuck Grassley, R-Iowa. For participating states, it would change the incentives and help states do what theyd really like to do to better serve individuals with disabilities.
Specifically, the legislation known as the Transition to Independence Act would offer bonus payments to participating states for meeting certain benchmarks. Payments would be tied to increasing integrated employment and decreasing jobs paying subminimum wage, those located in segregated settings and day habilitation placements for individuals with disabilities receiving Medicaid-funded home or community-based services.
The bill is co-sponsored by Sen. Ron Wyden, D-Ore., and Sen. Bob Casey, D-Pa.
It has support from a wide range of disability advocacy groups including the American Association of People with Disabilities, the American Network of Community Options and Resources, the Autistic Self Advocacy Network, the National Association of State Directors of Developmental Disabilities Services, the National Down Syndrome Congress and Autism Speaks.
Source: http://www.disabilityscoop.com/2015/06/19/under-bill-incentivize/20397/
Register Now for the WI Self-Determination Conference!
Scholarships are available to individuals with disabilities experiencing financial hardships. Click here formore information and a scholarship application.
Monday Evening Kick Off Event
The Monday evening Kick-Off event In All FAIRness is set in a State Fair atmosphere and will feature interactive games, Fair food and fun all focused on learning more about disability rights, advocacy, and the ADA.
Keynotes/General Sessions
Join us inMoving Self-Determination Forward!
#SDMovingForward
Opportunity to Provide Input to Board for People with Developmental Disabilities Plan
By SD Network, 2015-07-07
BPDD is developing a new five year state plan. We need your input!
We need to know what you think are the most important issues that BPDD should work on to support individuals with developmental and intellectual disabilities to live, work and fully participate in community life.
Also, please share this survey link with others in your network.
If you have any questions or would like assistance in completing the survey contact Ann Sievert atann.sievert@wisconsin.govor call608-267-9897.
Weigh in on the Future of Managed Care
in Wisconsin: Submit Comments byJuly 27
The federal government has just issued some important rules that will shape how Wisconsins new managed care system the future Family Care and IRIS will operate in Wisconsin.
This rule will outline how managed care is run in the future in Wisconsin.
Advocates, participants and their families have untilJuly 27to provide comments on how these systems should work. Comments from individuals are essential as the insurance industry will also be weighing in. Every comment counts!
Whats in this rule?
ThisPowerPointoutlines key sections of the rule and gives ideas on comments you can make.
You can read the complete 653 page rule:here
An executive summary of five important areas for people with disabilities and their families to comment on is below.
1. Defining Home and Community Based Long-Term Services and Supports
- Many people with disabilities rely on Medicaid for more than just doctor visits. They also need personal care, transportation, meaningful activities during the day and community employment supports, among others.
- The rule is very focused on medical care and provides very few details on home and community based services.
2. Network Adequacy
- As with other parts of the rule, definitions about whether there are enough providers in an area are similar to those used in private health plans (medical healthcare) and are not specific to the types of community-based long-term services that people with disabilities need.
- The rule tells states to determine whether there are enough providers within a reasonable distance from you.
- The rule indicates that stakeholders should be engaged, but it does not define what meaningful input looks likeincluding how many people, who is at the table, how often they should meet and what their roles should beor how stakeholders should be engaged.
4. Defining Profits and Administrative Costs
- The rule describes a standard called a medical loss ratio that outlines how much of insurers' revenue ends up going to the medical costs of patients versus administrative expenses and profits.
- The rule sets an 85% standard, meaning 85 % of insurers' revenue has to go to medical costs.
5. Monitoring Quality
- The rule requires managed care companies to use performance measures, monitor the quality of their long-term services and supports, and states that quality measures must include an effort to rebalance toward community integration.
- Ratings are based on indicators that are used in medical-type care and do not outline specifics for long-term services and supports. Long-term services and supports are very different from medical care supports. Many HMOs or MCOs lack experience serving people with more complex needs and those who self-direct their services. The rule does not specify any separate ranking system specific to long term care services.
***Thanks to the Wisconsin Board for People with Developmental Disabilities for sharing this information with us.
Exhibit at the 2015 Wisconsin Self-Determination Conference! Be part of this amazing conference that brings over 700 people together from all over Wisconsin!
Exhibit tables will be available onTuesday, Nov. 10 and Wednesday, Nov. 11, 2015. Space is limited and only applications from exhibitors that directly support self-determination and self-direction will be accepted. All applications will be reviewed by a committee and selected based on interest, needs, and mission of the conference.
Microenterprises run by people with disabilities are strongly encouraged to apply!
Conference details:
2015 WI Self-Determination Conference
Kalahari Resort
Wisconsin Dells, WI
November 9-11, 2015
Applications can be downloaded from the website:http://wi-bpdd.org/sdc/2015/exhibit.cfm
If you have questions, contact Jenny Neugart atjennifer.neugart@wisconsin.govor(608) 261-7528.