On June 14, 2019, the Trump Administration published a proposed regulation that would roll back the nondiscrimination protections under Section 1557 of the Affordable Care Act (ACA). Section 1557 is the provision of the ACA that prohibits discrimination in healthcare programs and activities on the basis of race, color, national origin, sex, age, or disability. The Administration’s proposal is extremely dangerous and discriminatory, and we need to do everything we can to stop this proposal from being finalized!

Specifically, the proposal would limit the number of health programs subject to Section 1557, and it would narrow the scope of the protections under Section 1557 in the following ways:

• Gender identity and sex stereotyping would be completely eliminated from the definition of sex discrimination, the definition of gender identity would be eliminated, and all references to sexual orientation in HHS regulations would be erased. This could allow healthcare providers to deny transgender people gender-affirming care, and would result in queer and trans people being significantly less likely to get quality healthcare and more likely to face discrimination, abuse, or refusals of care.
• Requirements for notices and taglines that let people with Limited English Proficiency (LEP) know about language access services, including services for disabled people, would no longer be required.
• Healthcare providers would be able to refuse care and justify it under Title IX’s religious exemption. This would allow healthcare providers to discriminate against or deny abortions, reproductive health services, or other health services that a provider says violates their religious beliefs.
• The ban on insurance plan discrimination on the basis of disability, age, and other factors would be removed, which would disproportionately impact people with disabilities and chronic illnesses. The removal of protections around benefit design would disproportionately impact people with HIV/AIDS and other disabilities and chronic illnesses that may be treated or managed with more expensive medications or other treatments.
• The requirement for healthcare providers to share notices that inform people of their nondiscrimination policy, their rights, how to file complaints if they are discriminated against, and other information would be completely eliminated.

Earlier this week, NCIL sent out an alert about taking action on the Hill after the NCIL March and Rally. In light of recent events, NCIL will no longer be participating in this action. NCIL still strongly supports the Disability Integration Act (DIA) and encourages you to talk with your members of Congress about it during your Hill Visits. As a reminder, you can read more about all of NCIL’s priorities to discuss with your members of Congress in our Legislative & Advocacy Priorities Booklet.

Legislative & Advocacy Policy Priorities: Summer 2019

• Legislative and Advocacy Policy Priorities (PDF)
• Legislative and Advocacy Policy Priorities (Word)
• Legislative and Advocacy Policy Priorities (plain text)

On Tuesday, July 23, during NCIL’s Annual Conference on Independent Living, we will be having our Annual March to and Rally at the U.S. Capitol. Following the Rally, most people do Hill Visits and meet with members of Congress. Typically, people use the free time following their visits to do some sight-seeing, buy souvenirs, or get something cold to drink after being out in the heat. This year, you have the opportunity to use your free time to make some history!

Background

We have secured a historic number of House co-sponsors for the Disability Integration Act (H.R. 555). As of this writing, there are 232 DIA House co-sponsors. We not only have a majority of the House of Representatives; a majority of members for every committee of jurisdiction are co-sponsors of the bill. In January, we called on the House to pass the DIA while NCIL would be in town. With this many co-sponsors, some people expect the House to do that. After all, we have enough co-sponsors to pass the bill. Despite widespread support for DIA, Representative Frank Pallone, Chair of the Energy and Commerce (E&C) Committee, has decided the bill isn’t going to move.

Representative Pallone has such tight control over the committee and its staff that even Congresswoman Eshoo, Chair of the E&C Health Subcommittee, despite her personal support for the bill, is unable to give it a hearing. Frank Pallone should know better. Democrats are supposed to be champions of civil rights, not defenders of an unjust status quo. Even worse, he had promised to cosponsor the legislation during the 2018 campaign season!

There is someone who can fix this, though: Speaker of the House Nancy Pelosi!

Voices of Health Care is putting together a media training for health care storytellers next month in Denver (July 20-21, 2019), to teach people how to effectively tell their story, talk to reporters, write letters to the editor, do selfie videos, etc. They hope this will be the first of many, and are accepting up to 50 people. Apply using the link below and spread the word to interested health care activists and people with health care stories to tell.

• Apply online.

The House is set to vote on a bill to extend the Money Follows the Person (MFP) program tonight! The Empowering Beneficiaries, Ensuring Access, and Strengthening Accountability Act of 2019 (H.R. 3253) was introduced late last week, and the House of Representatives is expected to vote on it at 6:30 p.m. Eastern today. H.R. 3253 will extend MFP for 4.5 years through 2023. Among several other things, it will also extend the home and community-based services (HCBS) spousal impoverishment protections through March 2024.

The vote tonight was scheduled as a voice vote, but it has been changed to a roll call vote. This means that each member of Congress’ vote will be individually asked and recorded. We need you to contact your Representative and urge them to vote YES on MFP tonight! Make sure they know how important the MFP program is to their disabled constituents!

How to contact: All members of Congress can be reached by calling the Capitol Switchboard at (202) 224-3121 or (202) 224-3091 (TTY).

Because of policies aimed at addressing the opioid crisis through limiting prescriptions, people in pain are facing increasing barriers to accessing their medication and managing their pain. Many who have relied on opioids, often for decades, are seeing their medication forcibly reduced or eliminated; some are being denied medical care altogether.

Because many people with disabilities live with serious or chronic pain, our community is disproportionately affected by these policies. These harms – which may range from increased pain, to loss of function, to suicide or resorting to illegal substances – have finally been acknowledged by the Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA).

Nevertheless, rigid, one-size-fits-all policies have already been enacted in over half of states and adopted by the major pharmacy chains and insurers. Similar policies continue to be proposed at both federal and state levels. The harm that has been caused cannot be undone, but action now can stop further harm from occurring.

Therefore, NCIL has drafted a letter, which will be sent to Congressional Leadership and leaders of key committees working on these issues. We are writing to educate Congress about recent actions by the CDC and the FDA that call out the dangers of these policies, and to ask Congress to work with their disabled constituents and disability rights organizations when developing future policies.

• Read the letter
• Add your organization as a signatory

Last week, ADAPT held a historic action on the Hill, significantly increasing the number of Disability Integration Act (DIA) co-sponsors in the House of Representatives. We are thrilled to inform you that – in response to a meeting with Montana ADAPTers during that action – Representative Gianforte (R-MT) has signed on to co-sponsor the Disability Integration Act (H.R. 555)! We are grateful to Representative Gianforte and so excited to have his support. Importantly, Representative Gianforte serves on the House Energy & Commerce Health Subcommittee, and his co-sponsorship gives us the majority we need to ensure passage through the subcommittee!

To pass on the House floor in July, the Disability Integration Act needs the support of a majority of 1) the Energy and Commerce Health Subcommittee, 2) the full Energy and Commerce Committee, 3) the Judiciary Committee, 4) the House Rules Committee and 5) the full House of Representatives. With Representative Gianforte’s co-sponsorship, we have secured a majority of DIA co-sponsors at every step of the process.

ADAPT is back in the House today working to secure additional cosponsors for the Disability Integration Act (H.R. 555). Per this morning’s alert, yesterday’s actions were hugely successful and we are extremely close to having the number of cosponsors needed to ensure passage in the House of Representatives!

ADAPT put out a press release this morning about their ongoing efforts today in the House to call on Democratic Representatives to keep their promise of civil rights for all. ADAPT has also called on House Leadership to cosponsor the Disability Integration Act (DIA), and NCIL joins in that call for support. At NCIL’s Annual Conference over the summer, Speaker Pelosi proudly wore a DIA pin and committed to securing as many cosponsors as she could for the bill (watch a video or read the transcript). It is time for her and the rest of House Leadership to cosponsor the DIA!

Keep Taking Action!

Check the list of current cosponsors, and if your Representative is still not a cosponsor, call now and demand they become a cosponsor today. Call the U.S. Capitol Switchboard at (202) 224-3121 or (202) 224-3091 (TTY) and ask to be connected to your Representative’s office, or contact their office directly using the House directory. You can use these fact sheets for talking points.

And, keep following and boosting the action on social media using the hashtags #ADAPTandRESIST, #DisabilityFreedom, and #DIAtoday.

Yesterday National ADAPT occupied 19 House offices in honor of ADAPT’s original “Gang of 19.” Yesterday was a huge success, with 19 new cosponsor commitments! Read the press release and check out the updated DIA Dashboard at disabilityintegrationact.org/dia-dashboard. 

With the new cosponsors and 2 additional yes votes (not co-sponsors), we are now at a total of 204. We are so close to having the number of cosponsors needed to ensure DIA passage in the House of Representatives. With 218 needed, we’re only 14 away!

THANK YOU to those of you who mobilized and made calls to your Representatives to support our ADAPT family in DC. ADAPT will be on the Hill again today, and they still need your support!

We are so close to having the number of cosponsors needed to ensure Disability Integration Act (H.R. 555 / S. 117) passage in the House of Representatives. Right now we have 158 cosponsors listed on congress.gov and ten more have committed to signing on this week, which means we only need 50 more to secure a majority of the House. Every week, we’re building more momentum and gaining more cosponsors!

Next Monday through Wednesday, ADAPT will be in Washington, DC for three days of historic work to get the DIA closer to passage. They’re coming to DC to call on Democratic members of the House to keep their promise of civil rights for all.

Read their message, “We Put Our Bodies on the Line to Save Obamacare. Now ADAPT Is Asking House Democrats to Support Our Fight for Freedom!”

We need the IL community to be ready to mobilize and support their work!