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Time to Check Your Health Insurance

/in /by The Arc

If you are uninsured or looking for affordable health insurance, now is the time for you to look! During “open enrollment” you can purchase private health insurance through the marketplace in each state. Depending on your income, you may be eligible for assistance with your health insurance costs.

If you currently have insurance through the marketplace, you should look at your current plan and determine if it will continue to meet your needs, or select a better plan. If you do not take action, you will be automatically re-enrolled in your current plan or a similar plan. You should carefully review all health insurance notices and updates. Re-enrollment provides an important opportunity to report any changes to your income. If you income has increased, reporting changes to the marketplace may help you avoid paying future penalties.

2017 Open Enrollment
November 1, 2016
Open enrollment begins

December 15, 2016
Enroll before this date to have coverage January 1, 2017

January 31, 2017
Open enrollment ends

Why you should check your coverage:

  • Even if you like your health plan, new plans may be available and premiums or cost sharing may have changed since last year.
  • Even if your income has not changed, you could be eligible for more financial assistance.

If you have a disability or a health condition, pay attention to possible changes:

  • Are a broad range of health care providers included in the health plan’s network of providers?
  • Are there enough medical specialists in the network to meet your needs?
  • Are needed medications included in the plan’s list of covered drugs?
  • Is there adequate access to non-clinical, disability-specific services and supports?
  • Does the plan have service limits, such as caps on the number of office visits for therapy services?
  • Are mental health services covered to the same extent that other “physical” health benefits are covered?

Where to get help?

Health insurance can be complicated. If you or your family member needs assistance with understanding the options, healthcare.gov can help. This website has information about seeking assistance in local communities, explanations of health insurance terms, enrollment information and much more. There is also a 24-hour phone line for consumer assistance at 1-800-318-2596 to call for help.

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Max Goldstein: Engineering His Future

/in /by The Arc

In honor of National Disability Employment Month, we interviewed Max, a member of The Arc of the Midlands. A young man with autism, Max’s passion for technology recently led him to pursue and ultimately secure a position at the technology giant Microsoft. Let’s catch up with him to see how his journey to one of the top employers in the world started as well as learn some of his secrets of success.

Max’s path to competitive, integrated employment began at The Arc, and its affiliate, The Arc of the Midlands in South Carolina. Tapping into the parent organization’s The Arc@Work IT training program, Max was quickly connected with two additional organizations: first, Specialisterne USA, the U.S-based affiliate of Specialisterne Foundation. Specialisterne USA mission is to create 100,000 jobs for people with autism in North America, and second, Provail, a Seattle-based agency that assists businesses in hiring and training qualified job seekers with disabilities. Armed with these resources, Max embarked on a hiring process that would lead to the opportunity of a lifetime. He first participated in phone interviews with The Arc of the Midlands, then completed some reading tasks from Specialisterne, and finally, submitted a short project demonstrating his programming abilities. Once this stage was completed, Max flew to Microsoft headquarters in Redmond, Washington where he participated in a two-week evaluation period. During this time, he completed short programming assignments, as well as was informally interviewed by several hiring managers. This gave Max the opportunity to showcase his skills and assess fit with various Microsoft teams.

On the last two days of the evaluation period, Max had formal interviews with two hiring managers where he fielded more technical questions. Normally, this would be followed by an additional swath of analytical problems. But, in one of the interviews, the manager voluntarily waived this additional step, explaining “…it was unnecessary…to do a whiteboard problem….as [he] had assessed [his] skills between the informal interviews and reviewing [his] coding assignment”. This manager further advised “The whiteboard problem is one of the most widely used ways to assess a software engineer’s problem-solving skills, and skipping it (especially at Microsoft’s level) was a complete shock”. Even Max’s fellow candidates were amazed!

Shortly after the conclusion of the evaluation period, Max learned that both hiring managers extended a job offer! After much consideration, he accepted the position in the Core Operating System – Windows Fundamentals Division, primarily because of his interest in operating systems development. Shortly after officially accepting, Max eagerly began the on-boarding process.

Max now spends his days coding and engaging in problem solving sessions on Microsoft products. Often, this involves a number of cross-team meetings and lengthy discussions of new features. It is these moments that excite Max the most because he loves “designing and implementing complex solutions to complex problems”. For him, it’s “like solving a puzzle”.

Max is quick to credit The Arc of the Midlands and The Arc@Work for his success in his job search. Beyond guiding him through the initial interview process, staff connected him with rehabilitation services in his new state, and provided him with various resources and training prior to his interview. When asked to advise other job-seekers with disabilities, he comments: “Persistence is the key. Keep working on and refining your strengths and unique skillsets, as you’ll improve on them a lot quicker than your weaknesses…..You’ll eventually find an organization that recognizes your abilities and will hire you.” The new Microsoft hire further implores those currently in the job market to take advantage of all the support The Arc and its chapters have to offer: “[P]lease use resources like The Arc that help people with disabilities. They are more understanding of your situation than any other group out there, and will help you with your job search and your life in general.”

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Walmart’s Curbside Pick-up Program May Reduce Shopping Stress for People With IDD

/in /by The Arc

This year, Walmart rolled out a free grocery pick-up program in over 80 markets nationwide. The program, which was launched last year and has been rapidly expanding over the last few months, allows customers to do their Walmart shopping online, choose a time to pick up their orders, and pick them up at their local stores where associates will load the items into their cars. Orders can be placed up to three weeks in advance, or can be ordered and picked up the same day (if the order is placed before 10 a.m.). Personal shoppers, who actually pick out the items ordered, are trained to evaluate items like meat or produce for quality and freshness, and to look carefully for any signs that something is past its peak.

This service was primarily designed to help customers like parents of young children, who may be spending their days running to and from appointments, school, work, and other activities. For them, it’s clear why ordering groceries on the go (from a smartphone, for example) and picking them up without ever leaving the car is a big plus. But, shaving your shopping time from an hour to five minutes can benefit anyone, not just busy moms.

According to Michael Bender, EVP and Chief Operating Officer of Walmart’s Global eCommerce department, “this service may help take some of the stress out of grocery shopping for people with disabilities and their families by introducing Delta 8 Products.” Because orders can be placed online and picked up quickly and conveniently, this service will make shopping easier for caregivers or people with IDD who have busy schedules. Furthermore, because Walmart associates can load the groceries into customers’ cars, it improves accessibility for customers with mobility limitations.

In addition to groceries, the pickup service also includes general merchandise such as pet supplies or other household items. In all, more than 30,000 items are available for online order and pickup at the same prices as in the store.

Walmart has been a longtime supporter of The Arc. In addition to consulting with The Arc about how this grocery pickup program can support people with IDD, Walmart has partnered with The Arc in the past to provide school-to-work transition programs, grow employment for people with IDD in the recycling industry, and support healthy food and nutrition initiatives at chapters of The Arc.

Currently, 70% of Americans live within 5 minutes of a Walmart store and 90% live within ten miles of a Walmart store. And, of the stores offering the new pickup service, 80% are within 15 minutes’ drive of a chapter of The Arc. Clients of The Arc can receive $10 off their first purchase by using the code WMTCARES during checkout. Visit walmart.com/grocery to learn more and place an order.

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Stakeholders Endorse Lawsuit Challenging GNETS Program, Hail It the Brown vs. Board of Education for Students With Disabilities

/in /by The Arc

On August 23, 2016, The U.S. Department of Justice filed a lawsuit against the state of Georgia alleging that its treatment and segregation of students with disabilities in the Georgia Network for Educational and Therapeutic Support Program violates the Americans with Disabilities Act. For years, the Georgia Coalition for Educational Equity has been working vigorously to protect the right of students with disabilities to receive an equal education alongside their non-disabled peers. As members of the Coalition, The Arc of Georgia and The Arc of the United States strongly support this lawsuit. Read more in the Coalition’s press release here.

Atlanta, Georgia, August 23rd — The Georgia Coalition for Educational Equality (GCEE) strongly supports today’s filing by the United States Department of Justice (DOJ) of a federal lawsuit challenging the illegal segregation and unequal and inferior education provided to the thousands of students with disabilities in Georgia’s Network for Educational and Therapeutic Services (GNETS). The GCEE is a broad coalition of disability, education, civil rights, juvenile justice, child welfare, self-advocate, and parent organizations advocating for a complete transformation of the GNETS program to provide supports to help all students succeed in their neighborhood schools.

In July 2015, DOJ found that Georgia is illegally segregating students with behavior-related disabilities in the GNETS program, where they are denied opportunities to learn with their peers who are non-disabled and provided inferior educational opportunities. The GNETS is a statewide network created in 1970 that consists of two dozen centers serving about 5,000 children with at least $70 million in state and federal funds, plus additional locally- and federally-funded services. According to the letter, “[t]he State’s support and development of GNETS has effectively created one placement option for many students with behavior-related disabilities to the exclusion of all others.” The DOJ also found the network’s facilities to be “inferior,” often outdated, and lacking such basic infrastructure as central air conditioning, as well as educational resources such as science labs and libraries, and extracurricular facilities such as gyms and playgrounds. The Atlanta Journal Constitution’s May 2016 investigation found that Georgia’s public schools assign a vastly disproportionate number of black students to “psychoeducational” programs, segregating them not just by disability but also by race. The paper found that 54 percent of students in Georgia’s psychoeducational programs are African-American, compared with 37 percent in all public schools statewide.

“The GCEE has maintained that the Justice Department’s letter of findings created an opportunity for the State to transform their education system into one that supports students in their neighborhood schools. We are disappointed that the State has opted to defend the GNETS rather than work towards the full integration of students with disabilities. The Arc Georgia fully supports this lawsuit and will continue to be involved in the GCEE coalition to ensure the state of Georgia provides a full range of supports for students with behavior-related disabilities in our neighborhood schools,” said Stacey Ramirez, the State Director of The Arc Georgia.

“While we hoped for a voluntary resolution to transform the provision of behavioral-related educational support for students with disabilities and avoid litigation, we strongly support the decision by the Department of Justice to file their lawsuit. The continued segregation of students with disabilities is a shameful and illegal position for the State of Georgia to defend,” said Leslie Lipson, an attorney with the Georgia Advocacy Office, the independent Protection and Advocacy System for people with disabilities in Georgia, a leader in the GCEE.

“Segregating students with disabilities not only is illegal but also leads to poor results,” said Alison Barkoff, Director of Advocacy for the Center for Public Representation in Washington, D.C. and a leader of the GCEE. “Georgia has a choice: engage in litigation likely to result in a court order to desegregate, or work with the Justice Department and stakeholders to develop a settlement that incorporates best practices and ends illegal and unnecessary segregation of students with disabilities.”

The GCEE hopes that this lawsuit – which seeks to vindicate the right of students with disabilities to an equal education alongside their non-disabled peers – will be the Brown v. Board of Education for Georgia’s students with disabilities.

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The Arc’s Letter of Support for DOJ Investigation of Arnaldo Rios Case

/in , /by The Arc

Charles Kinsey, a direct support professional for people with intellectual and developmental disabilities, was shot in a situation involving one of the individuals he served, Arnaldo Rios. Following this incident in North Miami, Florida, our network was shocked by how this situation needlessly escalated. Then the news broke that the officer involved in this shooting had the intention of shooting Mr. Rios.

In the aftermath, Mr. Rios has been institutionalized in a psychiatric unit. Below is The Arc’s letter to the Department of Justice supporting an investigation of this case. You can also read our statement here.

Rebecca Bond
Chief
Disability Rights Section – 1425 NYAV
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, D.C. 20530

Re: The Arc’s Letter of Support for DOJ Investigation of Arnaldo Rios Case

Dear Disability Rights Section Chief Bond:
I am writing to offer the support of The Arc of the United States (The Arc) for a letter from Matthew Dietz, the attorney for Arnaldo Rios, calling for the U.S. Department of Justice (DOJ) to investigate the North Miami Police Department and the State of Florida.

Mr. Rios is an individual with autism who was recently institutionalized in a psychiatric unit following the police’s shooting of his behavioral therapist, Charles Kinsey. Following the shooting, the representative for the officer involved stated to the media that the intention was not to shoot Mr. Kinsey, but to shoot Mr. Rios. Mr. Dietz’s letter, attached here for your reference, calls for the Department of Justice to open an investigation of the North Miami Police Department for its actions and statements involving Mr. Rios and Mr. Kinsey as well as the State of Florida for its failure to provide appropriate community placement to Mr. Rios following the incident. The Arc strongly agrees that such an investigation is necessary and warranted.

With nearly 700 state and local chapters nationwide, The Arc is the largest national community-based organization advocating for and serving people with intellectual and developmental disabilities (IDD) and their families. The Arc promotes and protects the civil and human rights of people with IDD and actively supports their full inclusion and participation in the community throughout their lifetimes. Through our National Center on Criminal Justice and Disability, we seek to build the capacity of the criminal justice system to respond to gaps in existing services for people with IDD, ensure appropriate accommodations are provided via the Americans with Disabilities Act, and provide necessary trainings for law enforcement, attorneys, and judges on how to recognize various intellectual and developmental disabilities and how to appropriately interact with individuals with such disabilities.

When individuals with IDD become involved in the criminal justice system as victims, witnesses, suspects, defendants, or incarcerated individuals, they face fear, prejudice, and lack of understanding. As was apparent in this case, law enforcement personnel often lack accurate and appropriate knowledge to apply standards of due process in a manner that provides justice for individuals with IDD. In addition to improving the quality and prevalence of police training, The Arc supports a community-based crisis management system model, which includes time-based protocols for in-home responses and options for acute placement and is proven to reduce critical incidents, failed placements, and re-admission to psychiatric facilities for community-based clients.
Further, The Arc’s position, strongly supported by Olmstead v. L.C., 527 U.S. 581 (1999), is that individuals with IDD deserve the opportunity for a full life in their community where they can live, learn, work, and socialize. To achieve this goal, they need a comprehensive, person-centered and directed, national system of appropriate high quality long-term supports and services, with a reliable and immediately accessible funding source, including Medicaid, and a well-trained, fairly compensated workforce of providers and direct support professionals. The prevalence of people waiting for services and supports is an unacceptable national crisis. It is not only a choice but also a basic civil right that individuals have adequate and appropriate supports and services needed for them to live in the community. Services must be delivered promptly in the most integrated setting and with sufficient quality and quantity to meet individual needs.

Neither Mr. Rios nor Mr. Kinsey did anything to warrant the police shooting that occurred. Thankfully, Mr. Kinsey survived the shooting and has been released from the hospital. Unfortunately, due to untreated trauma and a severe lack of appropriate community placements, Mr. Rios remains institutionalized in a psychiatric unit, isolated from the community.

The Arc is deeply troubled by the actions of the North Miami Police Department against Mr. Rios and Mr. Kinsey, the State of Florida’s failure to find community placements for individuals with IDD who require intensive behavioral therapy, and its policy of reimbursing institutional placements at significantly higher rates than community placements. In light of the above, we urge the Department of Justice to investigate the actions of both the North Miami Police Department and the State of Florida in this matter. It is vital that Mr. Rios secures an appropriate community placement as soon as possible.

Sincerely,

Shira Wakschlag
Staff Attorney & Special Assistant to the CEO
The Arc of the United States
202-534-3708
Wakschlag@TheArc.org

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Celebrating Friendship

/in , /by The Arc

Sisters Holding Hands[1]By Jennifer Sladen, Program Manager, National Initiatives

In the hope that fostering friendships between people with different backgrounds, countries, and cultures would lead to peace by inspiring communities to connect with and better understand each other, the United Nations General Assembly proclaimed July 30th International Day of Friendship. On this sixth International Day of Friendship, let’s take a moment to reflect on how we can support people with intellectual and developmental disabilities (IDD) to be a part of this drive to make connections and create friendships.

A few years ago, I attended a conference for direct support professionals. Al Condeluci, the CEO of Community Living and Support Services (CLASS) in Pennsylvania and a partner in the Interdependence Network, addressed the room, asking a simple question – “Who is the best friend of the person with IDD you serve?”

The room was silent. Not because no one knew the answer, but because no one wanted to say the answer.

Dr. Condeluci pressed the group, “Who is their best friend?”

A voice near him spoke quietly, “Me.” Around the room, professionals started nodding their heads in agreement.

Silently, Dr. Condeluci walked back to the center of the room. After a pause, he said, “Being friends with the people we serve is great, but we are not always going to be there. Success is not going to an amusement park and hanging out with people with IDD but hanging out a seat or two behind the person with IDD and their friend on the roller coaster.”

All around the room, lightbulbs went off in people’s heads. Hands raised, asking for help and advice on how to make this happen for the people they serve.

Dr. Condeluci’s answer was not complex:

  • Give people the opportunity to form friendships with new people of all abilities, not just the professionals they interact with.
  • Encourage the people you serve to engage actively in the world and with the people around them.
  • Educate people who are uncomfortable around or ignorant about people with disabilities to encourage them to make these friendships.

Thanks to shows like A&E’s reality show, “Born This Way”, as well as the increasing number of characters with disabilities in movies and TV shows, the dialogue around our country about how people with IDD make friends, date, and live independently is growing. But, all of us can do more to make sure that people with IDD in our lives have opportunities to connect with people of all abilities.

People with IDD, here are a few ideas on connecting socially:

  • Pursue activities and opportunities based on your own interests. After you have decided what you would enjoy, think about what support you will need to participate and who you would like to provide that support. If it turns out that there aren’t other people with IDD who participate, go ahead. You can be a trailblazer!
  • Seek out friendships with whomever you want to be friends with.
  • Be yourself and open to new activities and new friendships.
  • If you have trouble making new friends or if you have disagreements with friends, talk to the people you trust about how to address these issues.
  • Advocate to include other people with IDD in events and activities you attend.

Families and Professionals, you can:

  • Encourage people you know to include people with IDD in events and activities and promote understanding by talking about the value that the people with IDD bring to your life.
  • Make space and time for people with IDD to make friends, pursue activities, and participate in the community.
  • Encourage new experiences, especially if the person is scared or unsure.

We encourage you to explore The Arc’s Center for Future Planning for ideas about how to build relationships and pursue new experiences. And, if you are a fan of “Born This Way”, register today to attend The Arc’s 2016 National Convention and International Forum to meet the cast!

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A National Call to Action on Toxic Environmental Chemicals

/in , , /by The Arc

Last year a group of nearly 50 leading scientists, health professionals and providers, and children’s health and disabilities advocates (including The Arc) came together out of concern over the growing link between toxic environmental chemicals and neurodevelopmental disabilities. Last week, we issued a consensus statement under the banner of Project TENDR: Targeting Environmental Neuro-Developmental Risks.

Our statement is a national call to action that seeks to significantly reduce exposures to chemicals and pollutants that are contributing to autism spectrum disorder, attention deficits, hyperactivity, intellectual disability, and other conditions. Prime examples of these are chemicals in everyday use to make plastic more flexible, upholstery less flammable, and crops more plentiful.

The prevalence of neurodevelopmental disabilities has been increasing significantly according to the CDC, while the programs and services that are needed to support them remain under attack. It’s time to change how we do business in prevention. We need to shift the burden of proof to show that chemicals are safe before we allow them to affect a baby’s developing brain.

Read the New York Times and CNN coverage of the consensus statement. For more information about Project TENDR, see https://projecttendr.com/

While we must work together to prevent developmental disabilities resulting from toxic exposures, we must work simultaneously to protect the services and supports for those who live with these disabilities now. Want to get involved in advocating for services and supports for people with disabilities? Sign up for The Arc’s Disability Advocacy Network.

A woman in a motorized chair plays with a small dog on a grassy field in front of a community of houses

Moving to a New State Can Get Complicated: Medicaid, SSI, and Other Benefit and Service Migration

/in , /by The Arc

By Wendy H. Sheinberg, CELA

Moving to another state is a challenge for most families. If a family member has a disability, that challenge is even greater, as it often requires figuring out how to transfer disability benefits to another state. State benefit programs vary, and states administer federal programs at the local level making it even more complex. When a member of your family has a disability, it pays to do plenty of upfront research and to construct a “safety net” to protect against unanticipated gaps in service, problems and delays.

Transferring SSI From State to State & Other Social Security Disability Benefits

If you inform the Social Security Administration of your new address early, there should be no disruption to your Supplemental Security Income (SSI) or other Social Security disability benefits. However, the amount of your monthly SSI payment could change, since it has both federal and state components. There will be no difference in Social Security disability benefits, based on work history of the individual or their parent.

Medicaid Eligibility and Waivers

While Medicaid eligibility is based on federal law, the eligibility standards, services, and support available through Medicaid waivers vary dramatically between states. These services include case management, residential services, employment services, and other non-residential services. An important consideration is that many states have years-long waiting lists for home and community-based services, and new residents must reapply and go to the end of the line.

Health Care

Over the years, you have probably spent considerable time scouting for doctors, therapists, and other service providers to meet your loved one’s specific needs. Be prepared to start over.

First, there’s the question of insurance. If you have a private policy, perhaps through an employer, moving to a new state may mean a new policy with different coverage or different premiums. If you have purchased coverage under the Affordable Care Act (ACA) through a state insurance exchange, you will need to learn what is available in the new location. ACA typically provides for a 60-day special enrollment period when a permanent move requires a change in health plan. To be safe, check on eligibility requirements early.

Medicaid is even more complicated, since you must reapply once you have moved. It can take anywhere from 15 to 90 days for approval to come through, although coverage will be retroactive. In the meantime, you will need to make other arrangements to handle critical needs.

Medicare is a federal program. Moving to a new state should not affect Medicare benefits. However, it is important to review and confirm that your Medicare supplemental policy and your prescription drug plan provide coverage in the new state.

Once you understand how you will be paying for health care, you will need to determine what resources are available. Local advocacy groups─ such as chapters of The Arc─ will likely be a source for advice and referrals. To minimize disruptions, establish as much of your new provider network as possible ahead of time.

Interview early intervention services and doctors before you relocate—ideally face-to-face, or by traditional or video teleconference, if necessary. Have medical records sent ahead to new physicians and schedule visits as soon as possible once you’ve moved. Ask your new insurance provider to pre-authorize prescriptions, and bring at least a 30-day supply of important medications with you.

Special Education Services

While the Individuals with Disabilities Education Act (IDEA) requires your new school district to provide services and supports comparable to those provided in the existing Individualized Education Program (IEP), you may have to renegotiate the IEP. Additionally, a 504 plan or other modified curriculum may also require renegotiation. The good news is that your existing records should provide a strong foundation for new discussions. In fact, if it’s time for the current plan to be updated, do so before the move so that your assessments and supporting materials are as current as possible. It can be hard to get school files during the summer, if you are moving during the summer, be sure to get the needed copies before classes end.

For military families, who generally relocate every few years, this is a recurring problem. Check out the Department of Defense’s special ed checklist.

Decision-Making Supports and Guardianship

Decision-making support can vary from state to state. If your adult child has executed a power of attorney, health care proxy or a supported decision-making agreement, consult with a special needs attorney in the new state to confirm their validity.

If your family member has a court-appointed guardian, you should consult a special needs attorney in both locations to understand your particular situation. Some states require that the guardian obtain court approval before the person under guardianship moves to another jurisdiction. You may also want to take this opportunity to explore a less restrictive means of providing support in the new state.

Many states do not recognize guardianships granted elsewhere. Unless both states have signed a reciprocity agreement, you could face different definitions of capacity, restrictions on a guardian’s role and more. Even if your new state will recognize a guardianship originated in your home state, most uniform guardianship statutes require some form of filing with the court in the new state.

SNAP (Food Stamps)

Check regulations in your new home state ahead of time, since there are differences in how this federal program is implemented locally. In some areas, there are significant asset limits for people with disabilities.

Social Service Agencies

Day care, in-home services, social programs, career assistance and other supports vary greatly from state to state.  Do your research well in advance to understand what awaits you.

Housing Assistance

  • Home Ownership: Accessibility features may be high on your list, and it could be necessary to make alterations to your new residence. Architects or housing planners may be willing to view properties on your behalf and to advise on costs, which can differ sharply from state to state.
  • Section 8 vouchers: This is a national rent subsidy program, so if you already have a voucher, it will be recognized anywhere in the U.S. However, you will be responsible for letting your current Public Housing Authority know that you wish to move, working with the Public Housing Authority in your new area to locate your own housing, and terminating your current lease in accordance with its terms. “Portability” in Section 8 housing is very complicated and there are many pitfalls. See: https://portal.hud.gov/hudportal/documents/huddoc?id=DOC_35623.pdf

Special Needs Trusts

Have any special needs trusts (SNTs) checked by a special needs attorney in your new home state as soon as possible, since it may be necessary to have technical corrections/amendments made.

ABLE Savings Accounts

At this writing, 46 out of 51 states have enacted ABLE Act legislation, and many states are beginning to launch their ABLE programs. The original ABLE account legislation required the creation of the ABLE account in the individual’s state of residence. The December 15, 2015, amendment of the Able Act, as part of the Tax Extenders Package, removed the residency requirement. If the individual moves to a new state, the move will not affect the validity of the existing ABLE account. When moving, it is important to remember that each individual may only have one ABLE account. While you do not have to open a new account in the new state, if you decide to have a local account, be sure to follow all procedures to transfer the account so that there is only one account in existence.

Disability Parking Permits

To avoid delays in obtaining a disability-parking permit, try to register cars and vans ahead of time by having a family member relocate early. You’d be surprised how long this can take in some states.

The regulations and paperwork involved in crossing state lines can be dizzying. Delays and omissions can have serious repercussions for your loved one’s quality of life. Unfortunately, there’s no way to make this process easy, but if you begin planning early, you can lower your family’s stress level.

Think about keeping a binder with important documents that you update each year.  Another option is scanning and filing documents online in a “cloud” account, which will save you from combing through boxes upon arrival in your new home.

The Special Needs Alliance (SNA) is a national non-profit comprised of attorneys who assist individuals with special needs, their families, and the professionals who serve them. SNA is partnering with The Arc to provide educational resources, build public awareness, and advocate for policies on behalf of people with intellectual/developmental disabilities and their families.

Want to learn more about home and community-based services (HCBS) and how we’re working to make them easier to access? Visit our HCBS page.

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This June, Help the Men in Your Life Be Healthier

/in /by The Arc

Father And Son PortraitIn June, we celebrate Men’s Health Month and encourage men of all ages with disabilities to learn more about preventable health problems and to practice good health habits.

Why raise awareness about men’s health?

According to the Movember Foundation, around the world, men die an average of 6 years earlier than women. One of the key reasons for this difference is because men often don’t practice good health habits.

Men are less likely to visit a doctor when they are ill. And, when they do visit a doctor, they are less likely to talk with their doctor about the symptoms they experience. As a result, men reduce their chances of receiving the best care for their illnesses.

Men with disabilities often experience additional obstacles and challenges to good health. Barriers to health care and good health may include:

  • Difficulty getting to/from a doctor or inaccessible medical equipment
  • Challenges clearly communicating with a doctor about symptoms, treatment options, and medications so that the patient understands why testing out different treatment options or medications may be necessary
  • Challenges finding doctors who have expertise and are comfortable working with and treating people with disabilities
  • Lack of insurance to visit the doctor or inability to pay for services
  • Lack of education about good health habits
  • Perception from some doctors that problems are because of disability, not general health issues

Perception from some people that people with disabilities cannot practice good health habits

How can I help the men with and without disabilities I know to be healthier?

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2015: A Year in ABLE

/in /by The Arc

This month, states are beginning to launch ABLE Act programs and some people with disabilities can now take advantage of this new opportunity to build assets while preserving eligibility for means-tested federal benefits. Let’s take a look at what’s happened over the last 18 months.

As 2014 closed, Congress enacted the Stephen Beck, Jr. Achieving a Better Life Experience (ABLE) Act. This legislation recognized the extra costs of living with a disability and is anticipated to positively impact the economic futures of people with disabilities and their families. Lead sponsors in the Senate were Bob Casey (D-PA) and Richard Burr (R-NC); other key senatorial champions were Ron Wyden (D-OR) and Orrin Hatch (R-UT). ABLE was introduced in the House of Representatives by Ander Crenshaw (R-FL) and leading co-sponsors were Chris Van Hollen (D-MD), Cathy McMorris Rodgers (R-WA), and Pete Sessions (R-TX) with critical support from Kevin McCarthy (R-CA). By December 3, 2014, it had garnered 380 of the 435 U.S. representatives as co-sponsors and passed the House by a vote of 404-17. The Senate version of ABLE secured 78 co-sponsors, making ABLE one of the most bipartisan laws ever passed by the U.S. Congress. On December 19, 2014, President Obama signed the ABLE Act into law.

This law will ease financial strains through the use of tax-advantaged savings accounts. Qualifying individuals would be those who: 1) experience disability onset before age 26, and 2) either are a Social Security disability program beneficiary or submit a disability certification (meet certain criteria for the Social Security Administration’s (SSA) definition of disability and possess a written diagnosis from a licensed physician). Account funds may be used for a variety of disability-related purposes, such as basic living expenses; education; housing; transportation; employment training and support; assistive technology and related services; personal support services; health, prevention, & wellness expenses; legal, financial, & administrative services; oversight and monitoring; as well as funeral & burial expenses, all the while protecting eligibility for means-tested federal benefits, including SSI and Medicaid.

The law established new requirements which apply to ABLE account holders who are also SSI recipients. Once an account exceeds $100,000, an individual is placed into a special SSI suspension period with no time restrictions. During this time, the beneficiary’s Medicaid eligibility will remain intact but cash benefits will be suspended. When ABLE funds once again dip below $100,000, SSI is automatically reinstated.

The law also established requirements specific to Medicaid eligibility. The $100,000 limit that applies to the SSI program does not apply to Medicaid. However, upon the beneficiary’s death, remaining funds in the account may be required to pay back the state for Medicaid services provided during the individual’s lifetime.

Shortly after ABLE’s passage on the federal level, a legislative frenzy to create ABLE programs ensued at the state level. Responding to this enthusiasm, in March 2015 the Internal Revenue Service (IRS), advised that states could move forward with these legislative plans even though federal regulations were not yet in place. The agency assured that once regulations were published, there would be a “transition relief” period, which would provide “sufficient time” for states to execute changes which would ensure federal compliance.

In June 2015, the Department of Treasury and the IRS published proposed regulations. A public comment period followed, and in October, advocates voiced their concerns at a public hearing held in Washington, DC. Treasury and IRS officials took advocates’ words to heart, and in November, the entity released interim guidance that lessened some administrative burdens and program costs while creating a more accessible program. Among other things, participants would no longer be required to provide medical documentation upon opening an account.

Lastly, in December 2015, a major revision to the original ABLE legislation was signed in law, lifting the residency requirement, thus permitting states to offer national rather than state-resident only programs.

In the meantime, people with disabilities and their advocates sought further changes that would widen the scope of the law. As a result, in March 2016, three new ABLE improvement bills were introduced. Each seeks to strengthen a different aspect of the original bill. Below is a short summary of each:

  • The ABLE Age Adjustment Act would raise the age limit for eligibility for ABLE accounts to individuals disabled prior to age 46. The Senate bill (S. 2704) is sponsored by Senator Bob Casey while the House version (H.R. 4813) is sponsored by Representative Chris Van Hollen.
  • The ABLE Financial Planning Act would allow tax-free rollovers between an existing 529 college savings account and an ABLE account. Senator Bob Casey has introduced the Senate bill (S. 2703), while Representative Ander Crenshaw is sponsoring the House version (H.R. 4794).
  • The ABLE to Work Act would allow individuals to exceed the annual contribution limit and save more money in an ABLE account if the individual earns income. The Senate bill (S. 2702) is sponsored by Senator Richard Burr while the House version (H.R. 4795) is sponsored by Representative Ander Crenshaw.

Today over 90% of the states have enacted their own ABLE act and most are focusing on implementation. Opening their ABLE programs earlier this month, Ohio and Tennessee are leading the way; Nebraska is expected June 30; and Florida is set to offer accounts July 1. With the exception of Florida, all will be national programs. It is anticipated that up to 40% of the remaining states that have enacted legislation will have programs active by year-end. For more information on where a particular state is in the process, please see The Arc’s ABLE implementation chart.

Update: On June 30, 2016, Nebraska opened their ABLE program.

Update: On July 1, 2016, Florida opened their ABLE program