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What is the Public Charge rule?

On October 10, the Department of Homeland Security announced the “public charge” rule. This rule allows the U.S. to keep out people who may become a “public charge.” Someone is called a “public charge” if the government thinks you might depend on government benefits to meet your needs. Someone who is called a “public charge” will be discriminated against if they try to enter the U.S. (get a visa) or get a green card (become a permanent resident).

The proposed rule is unfair, dangerous, and blatantly discriminatory. The rule would exclude people from this country simply because they have a disability.

The U.S. has already had a public charge rule for a long time. The new rule will make things much worse. Under the old rule, someone was only considered a public charge if they used cash benefits, like social security or TANF, or if they lived in an institution. The new rule uses a much bigger list of programs and benefits, and it also looks at other things like someone’s health and income.

The Rule Discourages the Use of Important Programs and Benefits

The new rule will discourage families from using important services for fear of harming their immigration status. People with disabilities and our families often need to use government benefits in order to stay fed, housed, and healthy. Under the new rule, using–or even just applying for–these benefits will count against us. Some of the programs and benefits that will count against us under this new rule are:

• Medicaid
• Food stamps, or SNAP
• Medicare Part D assistance
• Section 8 housing assistance
• Children’s Health Insurance Program, or CHIP (they are still deciding whether to include this program)

In addition, the rule will also look at someone’s income. If someone or their family is lowincome, that will count against them.

The Rule is An Attack on Medicaid

The public charge rule is another attack on the basic services people with disabilities receive through Medicaid. The new rule includes the Medicaid-funded services that help people with disabilities stay in our homes, work, go to school, and live in our communities. These services are sometimes called waiver services, personal care services, nursing services, respite, intensive mental health services, and employment supports.

This creates an unfair choice for people with disabilities and our families. Medicaid is the only source for community living supports for people with disabilities. Community services simply aren’t available under private insurance. This rule will force immigrant families to choose between surviving without needed community services or being denied entry into this country just because their family member has a disability and might need services.

The Rule Discriminates Against People with Disabilities

The proposed rule directly discriminates against people with disabilities and chronic health conditions. In addition to benefits, the rule looks at a person’s health to decide if they will become a public charge. If someone has certain medical conditions, that counts against them. If someone doesn’t have a medical condition or a disability, the rule says that is a “positive factor.” This is unfair and discriminatory to people with disabilities and chronic health conditions.

The rule specially calls out people with the “most expensive health conditions,” including:

• Heart disease
• Cancer
• Trauma
• Mental health conditions

The rule also looks at whether or not a person can obtain private health insurance to pay for the medical costs the government thinks they will have because of their chronic health condition or disability. If someone doesn’t have health insurance, that counts against them. But because many important community services are only available through Medicaid and are not covered by private insurance, many people with disabilities won’t pass this test.

In other words, the proposed rule would exclude people with disabilities simply because they have a disability.

The Rule Isn’t Final Yet

If the new rule is put into practice, it will hurt many immigrants and immigrant families, including people with disabilities. But there is still time. For the next 60 days, the Department of Homeland Security is taking comments on the rule. Anyone can comment on the rule, and the government is required to read and respond to the comments. It is critical that the disability community sends in as many comments as possible explaining why this rule is dangerous and discriminatory and why it should not be put into practice. If we all speak up, we can keep this rule from being implemented.

For more information, please visit https://medicaid.publicrep.org/feature/public-charge/ and https://protectingimmigrantfamilies.org/. These websites include information and resources on how to comment.

For more information on this and other topics, visit

• www.thearc.org
• ASAN: autisticadvocacy.org
• CPR: centerforpublicrep.org

Following the draft notice of proposed rulemaking (NPRM) that would impact people with intellectual and developmental disabilities (I/DD) who are legally residing in the United States as well as people with I/DD who are hoping to legally immigrate, The Arc released the following statement:

“We are facing a civil rights crisis in our nation and people with disabilities are in the crosshairs with the proposed rule released by the Department of Homeland Security. If finalized and administered as is, this rule would discriminate against immigrants with disabilities, making it harder to legally enter or remain in the country. To deport individuals with intellectual and developmental disabilities who are in our country legally or prevent them from immigrating, goes against the values of our nation.

“At The Arc we believe people should have a fair opportunity to legally enter and reside in the United States and become a citizen, without restrictions based on disability. This includes those needing protection as refugees, asylees, and victims of human trafficking.

“Focusing on an individual’s need for support is a form of discrimination against people with disabilities we have seen before. But Congress, in the past, addressed the problem by ensuring that people with intellectual disability are provided accommodations as they try to enter our country legally, become citizens, and achieve the American dream like their peers without disabilities. Broadening the criteria for excluding or deporting immigrants based on need for support will harm people with disabilities and their families who have much to contribute to our society.

“If a family is otherwise eligible to enter or remain in our country, they shouldn’t be turned away or turned out because their child or another family member has a disability and may need to access government services to live and participate in the community.

“We will be offering comments to this proposed rule and hope other organizations and individuals will do the same. It would be disgraceful if this were to be adopted as a final rule. We also call on Members of Congress, as they have done in the past, to stand up for people with intellectual and developmental disabilities and their families as they seek inclusion in America,” said Peter Berns, CEO of The Arc.

#HandsOff is a series on The Arc Blog where individuals and families across The Arc’s network share their stories about how some of today’s key policy issues impact their day to day lives.

During August Recess, Members of Congress return to their home states to meet with their constituents. It’s the perfect time for advocates to meet with legislators and tell them #HandsOff important programs – like Medicaid, Supplemental Security Income (SSI), Supplemental Nutrition Assistance Program (SNAP) and much more.

Nobody says #HandsOff during August Recess better than Anthony Nash! Anthony is an active self-advocate in his home state of Washington. He is a member of The Arc’s National Council of Self-Advocates and The Arc of Washington’s Self-Advocates in Leadership (SAIL) coalition. Anthony also serves on the Washington State Developmental Disabilities Council and the board of Disability Rights Washington.

Anthony has fought for issues important to people with disabilities for several years. Here’s what he had to say about advocacy during August Recess:

How did you get involved in advocacy?

I used to work in a sheltered workshop. I got pushed around a lot and even called the r-word there. So one day, I went to the library and asked the librarian for books on disability rights. I read about how people with disabilities have [the same] equal rights as any other person. After that, I joined some advocacy groups and started to stand up for myself.

What does being a self-advocate mean to you?

Self-advocacy means quite a bit to me. A lot of people look down on people with disabilities and think we can’t amount to anything. I do everything I can to prove them wrong. Being a self-advocate lets me show others that we are equal, that we deserve respect, and that we should not be discriminated against in any manner.

Why do you think it is important for people with disabilities to advocate for programs like Medicaid and Supplemental Security Income (SSI) during August Recess?

These programs are our lifeline! Most of our leaders don’t understand that these programs cover significant needs. Since I was four years old, SSI has helped to pay for my food, clothes, transportation, and other living expenses. I use Medicaid to pay for the medicine and doctor visits I need. Self-advocates need to speak up during August Recess when legislators are back home so they know why these programs are important to us.

 

Ready to join Anthony in saying #HandsOff during August Recess? Take a few minutes to call YOUR Members of Congress and tell them why Medicaid and SSI are important to you. Then encourage your family and friends to call, too!

Today, the Department of Health and Human Services released the final “short-term plan” rule. These “short-term plans” can provide hollow coverage with hidden gaps for those who sign up. Expanding short-term plans will raise premiums and reduce plan choices for individuals and employers in the regular insurance market.

The proposal expands availability of a group of products that may implement discriminatory practices. This will likely draw healthier individuals off the Marketplace by offering them skinnier, medically-underwritten products, which will inflate prices and out-of-pocket costs on the Marketplace. The Arc believes that insurance coverage must ensure access to timely, affordable, high quality, and comprehensive health care that meets the needs of individuals with disabilities and chronic conditions.

Expanding access to short-term plans will move us even further away from achieving these goals. Short-term plans are not subject to consumer protections that have tremendous value for individuals with disabilities and chronic conditions, such as mandated essential health benefits, protections for people with pre-existing conditions, prohibitions on use of lifetime or annual caps, and other non-discrimination provisions. For these reasons, The Arc, in partnership with a coalition of other disability rights organizations known as the Consortium for Citizens with Disabilities, released comments earlier this year opposing this rule.

“The Affordable Care Act ended the practice of discriminatory health insurance practices; this rule allows insurance companies to once again set higher premiums based on health conditions. This limits access to comprehensive coverage and that will have a dire impact on people with significant health issues, like individuals with chronic illness and disabilities.

“Make no mistake, today’s final rule undermines current law and puts Americans with pre-existing conditions at risk. We remain steadfast in our commitment to protect the Affordable Care Act and the benefits it provides for people with disabilities,” said Julie Ward, Deputy Executive Officer for Public Policy, The Arc.

July 16-20, 2018 is National Disability Voter Registration Week (NDVRW)! The REV UP Campaign, organized by the American Association of People with Disabilities, coordinates NDVRW each year to get people with disabilities registered to vote, educated about the upcoming election, and ready to cast their ballots. REV UP stands for Register! Educate! Vote! Use Your Power! The campaign aims to increase the engagement of the disability community around voting. Across the country, many chapters of The Arc are coordinating events in their communities for NDVRW in partnership with REV UP.

NDVRW is especially important this year because 2018 is big election year, with elections on the federal, state and local levels. People with disabilities have powerful potential to make their perspectives heard by voting. According to a research report from Rutgers University, there were 35.4 million eligible voters with disabilities in 2016. When we include family members of people with disabilities, the disability community makes up 25% of the total electorate. Yet, people with disabilities often face barriers to voting which often leads to the registering and voting in lower numbers than people without disabilities. Let’s change that!

Ready to celebrate NDVRW and make your voice heard? Here’s how you can get involved:

• Register to Vote – Make sure you are registered to vote and your registration is up to date.
• Register your Friends – Spread the word! Make sure your family and friends are registered to vote, too.
• Find Out More – Registering is just the first step! To learn more about state laws, where to vote, specific elections, and more, visit The Arc’s Know Your Right to Vote webpage and Self Advocates Becoming Empowered GoVoter site.