Legislation
State Legislation
Federal Legislation
The SILC’s work is to
advocate for and achieve equal opportunity, equal access, self-determination,
independence, and choice for people with disabilities.
The
2007 session has wrapped, but
legislators need to hear from you throughout the year about issues of
importance. Remember, change will come
only if you are aware and informed. Share your opinion with your community. Contact your legislators. Talk about these important issues with family,
friends, co-workers, and neighbors. Ask them to take action too!
Mahatma Gandhi said, “The
future depends on what we do in the present.” Now is the time to take action.
In the interest of people
with disabilities,
Kelly Buckland
Todd DeVries
Executive
Director SILC Chair
THE IDAHO BENEFITS PLANNING,
ASSISTANCE, AND OUTREACH PROGRAM (BPA&O)
Have you wanted to work?
Are you confused?
Are you scared of
possibly losing your benefits unknowingly?
The Benefits Planning,
Assistance, and Outreach Program (BPA&O) is a federally funded initiative to
educate and assist individuals with disabilities, and those who support them, to
understand the “real world interactions between income and benefits (especially
medical benefits)” of going back to work, and/or increasing their work income.
There is no cost to anyone for this service.
Even after people have
earnings that make them ineligible for any SSI cash payment they are still SSI
eligible. By retaining this SSI recipient status, people who have a disability
may also retain their right to Medicaid. §1619B clarifies the possible
retention of Medicaid coverage for people whose earnings make them ineligible
for any further SSI cash payments. Eligibility for §1619B Medicaid coverage is
based on (1) if termination of Medicaid benefits would “seriously inhibit the
individual’s ability to continue working”; and (2) the individual’s earnings are
“insufficient for the individual to provide a reasonable equivalent of the
benefits which would otherwise be a available to him or her under SSI and
Medicaid if they do not have earnings”. To determine if an individual must
depend on Medicaid to continue working, the Social Security Administration must
determine if the individual (1) used Medicaid during the past 12 months, (2)
expects to use Medicaid in the next 12 months, and 93) would be unable to pay
unexpected medical bills without Medicaid coverage. In Idaho the threshold
amount to measure whether an individual has earnings sufficient to provide the
equivalent of SSI benefits and Medicaid is $34,527 (2005 figures).
ELIGIBILITY: All SSI
(Disabled/Blind Supplemental Security Income) and SSDI (Social Security
Disability Insurance) beneficiaries.
FOR MORE INFORMATION
CONTACT:
For more benefit options
contact Steve Rodoletz at the BPA&O Program, 208.250.7974 or toll free at
866.250.7974. Web address: www.edcid.org
E-mail:
info@edcid.org
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Legislation Introduced by the SILC
Medicaid for workers with
disabilities
signed into law in 2006!
Read the bill text by
clicking here
The Idaho State Independent Living
Council's (SILC) mission is to advocate for and
achieve equal opportunity, equal access, self-determination, independence and equal
and choice for people with disabilities.
The SILC believed that the child custody
laws in Idaho as previously written presented an unrealistic view of the disability community
by their constant referral to having a disability as a factor in parents'
ability to effectively raise their children. The SILC believed that it was not a person's disability that inhibits a
person's capacity to provide a stable and loving home for children, rather it is
a lack of disability-related supports for a parent with a disability that resulted
in an unstable home environment. Many parents with significant disabilities provided excellent care and stable homes
for their children with the assistance of family, friends and neighbors. Factors that should be considered in child custody cases include abuse,
neglect, substance abuse, abandonment, etc., regardless of whether the parent
has a disability.
The SILC’S goal was to create a process
that was consistent and guaranteed that no parent would lose custody of his/her
children solely due to the fact that they had a disability. To accomplish this, the SILC formed the Committee for Fathers and
Mothers Independently Living with their Youth (FAMILY) consisting of advocates,
legislators, consumers and members of disability organizations. Their mission was to reform the child custody laws in the State of
Idaho, which included divorce laws, guardianship laws and child protections
laws. Three concurrent goals were planned: (1) remove from current law any inappropriate disability language
and, (2) build into current law protections against discriminatory actions
because of a parent's disability in child custody legal proceedings, and (3)
create an evaluation system that is consistent and takes into consideration the
use of adaptive equipment and supportive services.
Based on information provided by Through
the Looking Glass, a National Resource Center for Parents with Disabilities,
there are over 8.1 million U.S. families, or 10.9 percent of families with
children, in which one or both parents have a disability. Based on these figures, the proposed legislation would have a positive
impact on an estimated 14,750 Idaho families.
The FAMILY Committee drafted legislation
for introduction during the 2000 session,
which,
after passing the Senate unanimously, was defeated in the House. The Committee on FAMILY met over the summer of 2000 and made small
revisions after discussing the bills with the Attorney General’s Office. The bills were reintroduced in 2001 as SB 1073 and SB 1074. Again, the bills passed the Senate unanimously, but were held in the
House Health and Welfare Committee. Undaunted, the Committee on FAMILY again held meetings to review areas of
concern and revised those sections.
The revised draft legislation was sent to legislators, magistrates and committee
members for a final review before the 2002 legislative session began. The
results of these actions are listed below.
The
signing of HB 577 and 579 into law on March 22, 2002, created an historical
legislative action by guaranteeing parents with disabilities the same rights and
considerations as parents without disabilities in instances of child custody in
divorce, adoption, guardianship and termination of parental rights. HB 577
amended existing law to provide that, in child custody actions in divorce and
separation proceedings, the parent shall have the right to provide evidence and
information regarding the manner in which the use of adaptive equipment and
supportive services will enable the parent to carry out the responsibilities of
parenting; to provide duties of the court; and to provide that there shall be no
discrimination in child custody actions on the basis of disabilities. HB 579
amended and added to existing law to define "disability" as related to
the individual, and to guarantee protections for a disabled person to parent, to
adopt and to participate in decisions regarding his/her child, including the
right to present information concerning adaptive equipment and supportive
services which aid the individual in parenting.
HB 160 - amended Section 16-2005, Termination of
Parental Rights that dealt with the criteria determining when and why a parent's
rights can be terminated, and further amends discriminatory language that was
not revised in 2002. This bill was signed into law in 2003 with the deletion of
references to mental illness and mental deficiency.
HB 167 - amended the Child Protection section of the
child custody laws. Added to this section were definitions of disability,
homelessness, adaptive equipment and supportive services and the ability of
parents to introduce how the use of adaptive and supportive equipment may enable
the parent to remedy the reasons for removal of the child; and to provide that
there shall be no discrimination in child custody actions on the basis of
disabilities.
Under the section regarding Multi-Disciplinary teams, the
law says that a person knowledgeable about adaptive equipment and supportive
services for parents with disabilities may be used and that protocols will be
used for investigations when a family member has a disability. It is the SILC's
understanding that these disability protocols will have to be written.
The FAMILY Committee has now modified every child
custody law in the State of Idaho. As far as is known at this time, Idaho is the
only state to have accomplished this.
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The purpose of this
legislation was to increase the availability of designated accessible parking
places for those who are qualified to use them, to authorize additional
enforcement authority; to prohibit improper parking; to revise terminology; to
provide additional authority to authorize a temporary placard and to increase
penalties for violations from $50 to $100.
This legislation met with
many obstacles in past legislative years, but with hard work and determination
this bill passed during the 2003 legislative session. This law will enhance the
opportunity for Idahoans with a disability to maintain and improve their efforts
to live independently within their communities.
The Idaho SILC and the
ADA Task Force, respectively, are spearheading a task force to develop and
seek passage of an Idahoans with Disability Act.
During the past several
years, the United States Supreme Court has handed down decisions that have
dramatically reduced the civil rights protection afforded Americans with
disabilities. A number of these decisions made under the eleventh amendment to
the United States Constitution provide states with immunity from complying
with parts of the ADA. Idahoans with disabilities have lost protections of
their civil rights and this issue has been identified as an area of concern by
disability organizations.
Although Idaho state code
has several sections that address and protect the rights of Idahoans with
disabilities, they are scattered throughout different code sections. The task
force’s goal will be to consolidate these civil rights laws, and construct
additional language if the task force deems necessary, into one section that
would fully protect Idahoan’s with disabilities. A second goal will be to
provide a user friendly, one-stop destination for businesses, government
agencies and the public to easily access when researching laws pertaining to
the civil rights of Idahoans with disabilities.
Task force members will
be full participating partners in this endeavor and have been drawn from
disability organizations, the state legislature, state government, county
representatives, the Attorney General’s Office and the Governor’s Office.
The work of the task
force and its final outcome–an Idahoan with Disabilities Act, will provide
Idahoans with disabilities basic civil rights protection similar to those
provided on the basis of race, color, sex, national origin, age, and religion;
thus guaranteeing Idahoans with disabilities equal opportunities in the State
of Idaho and its local communities. (Return to top of page)
Contact your legislators to let them know what you think
about specific issues.
HANG TEN ON THE WEB:
Find a wealth of up to the
minute information on bills and process, locate your legislators and more at the Idaho
Legislature Home Page:
www.legislature.idaho.gov
MORE WAYS TO BE A CITIZEN
LOBBYIST:
·
Write a letter to the editor of
your local paper
·
Donate money or time to
organizations that advocate on your behalf
·
Speak out and be visible
HOW
A BILL BECOMES A LAW: THE LIFE OF A BILL
“I am just a bill up on
Capitol Hill….” If School House Rock is the extent of your legislative know-how,
then follow us on a quick journey through the life of a bill.
·
Bill is introduced as a Senate or
House bill
·
It moves to a committee hearing in
the Senate or House, depending on where it was introduced
·
If it passes out of committee, then
it moves to the floor for debate
·
If it passes on the floor, the
whole process begins again in the opposite legislative body
·
If successful there, it must be
signed by the Governor before becoming law
·
Bills may be killed in committee,
on the floor, or vetoed by the Governor
IMPORTANT!!
All mail, e-mail and faxes must include YOUR name &
address or phone number.
Mail To:
Representative or Senator ____
(Name)
Idaho State Legislature
State Capitol Building
PO Box 83720
Boise, ID
83720-0038 (House)
83720-0081 (Senate)
Phone: (208) 332-1000
Outside Boise: 1-800-626-0471
E-mail: infocntr@lso.state.id.us
Fax-Info Cntr: (208) 334-5397
Hearing Impaired: 1-800-626-0471
Outcome of bills monitored, Post-Legislative Editions
To read PDF files you will need Adobe
Reader - click here for free download 
(Return to top of page)
SIMPSON AUTHORS BILL TO CHANGE
FUNDING FORMULA FOR
CENTERS
FOR INDEPENDENT LIVING - H.R. 2385
Title:
To amend the Rehabilitation Act of 1973 to provide for more equitable allotment
of funds to States for centers for independent living
Idaho Congressman Mike
Simpson has introduced bi-partisan legislation creating a new funding formula
for Centers for Independent Living (CILs).
Centers for Independent Living are non-profit,
non-residential corporations that are administered, staffed and managed by
people with disabilities. The centers offer Americans with disabilities the
opportunity to gain work skills, employment opportunities, help in finding
housing and personal assistance. Many of the centers focus on getting people
with disabilities out of nursing homes and living on their own. This effort
saves taxpayers’ money, because it costs twice as much per year to house a
person in a nursing home than the cost of community-based assistance programs.
Last year CILs kept 19,000 people out of nursing homes, saving taxpayers $410
million.
Current federal funding formulas leave less
populated states like Idaho with little or no increases for CILs. Until last
year, Idaho had not received an increase in federal funding for independent
living centers in 13 years. Simpson’s bill, H.R. 2385, brings greater equity in
Title VII Part C funding for the development and expansion of Centers for
Independent Living (CILs) across America. According to Simpson’s bill, 50
percent of all new funds would be divided equally among the states and
territories. The remaining 50 percent would be distributed according to
population.
Simpson introduced the bill after Kelly
Buckland, Executive Director of the Idaho State Independent Living Council
(SILC), testified before the House Appropriations Committee. Hawaiian
Congressmen Neil Abercrombie is the lead Democrat co-sponsor.
“The Idaho SILC and Idaho CILs are very excited
that Congressman Simpson has chosen to champion this legislation which benefit
thousands of Idahoans with disabilities, and hundred of thousands of people with
disabilities nationwide,” Buckland said.
In 2002, there were 368 Centers for Independent
Living with more than 207 satellite locations; the majority of these were funded
through Title VII of the Rehabilitation Act. Idaho has three centers and 10
office locations from Idaho Falls to Coeur d’Alene. In FY 2003, Idaho received
$695,000 of the $70 million appropriated.
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Summary
MiCASSA gives people real
choice in long term care options by reforming Title XIX of the Social Security
Act (Medicaid) by ending the institutional bias. MiCASSA allows individuals
eligible for Nursing Facility Services or Intermediate Care Facility Services
for the Mentally Retarded (ICF-MR) the opportunity to choose instead a
new alternative, "Community-based Attendant Services and Supports." The
money follows the individual!
In addition, by providing
an enhanced match and grants for the transition to Real Choice before October
2007 when the benefit becomes permanent, MiCASSA offers states financial
assistance to reform their long term service and support system to provide
services in the most integrated setting.
Specifically what does MiCASSA do?
1)
Provides community-based attendant services and supports ranging from
assistance with:
* activities of daily living (eating, toileting, grooming, dressing,
bathing, transferring),
* instrumental activities of daily living (meal planning and preparation,
managing finances, shopping, household chores, phoning, participating in the
community), and
* health-related functions.
2)
Includes hands-on assistance, supervision and/or cueing, as well as help
to learn, keep and enhance skills to accomplish such activities.
3)
Requires services be provided in THE MOST INTEGRATED SETTING appropriate
to the needs of the individual.
4)
Provides Community-based Attendant Services and Supports that are:
* based on functional need, rather than diagnosis or age;
* provided in home or community settings like -- school, work, recreation
or religious facility;
*
selected, managed and controlled by the consumer of the services;
*
supplemented with backup and emergency attendant services;
*
furnished according to a service plan agreed to by the consumer;
and
*
that include voluntary training on selecting, managing and
dismissing attendants.
5) Allows consumers to choose among various service delivery models
including vouchers, direct cash payments, fiscal agents and agency providers.
All of these models are required to be consumer controlled.
6)
For consumers who are not able to direct their own care independently,
MiCASSA allows for "individual's representative" to be authorized by
the consumer to assist. A representative might be a friend, family member,
guardian, or advocate.
7)
Allows health-related functions or tasks to be assigned to, delegated to,
or performed by unlicensed personal attendants, according to state laws.
8)
Covers individuals' transition costs from a nursing facility or ICF-MR to
a home setting, for example: rent and utility deposits, bedding, basic kitchen
supplies and other necessities required for the transition.
9)
Serves individuals with incomes above the current institutional
income limitation -- if a state chooses to waive this limitation to enhance the
potential for employment.
10)
Provides for quality assurance programs which promote consumer
control and satisfaction.
11)
Provides a maintenance of effort requirement so that states can
not diminish more enriched programs already being provided.
12)
Allows enhanced match (up to 90% Federal funding) for individuals
whose costs exceed 150% of average nursing home costs.
13)
Between 2003 and 2007, after which the services become permanent,
provides enhanced matches (10% more federal funds each) for states which:
begin planning activities for changing their long term care
systems, and/or
include Community-based Attendant Services and Supports in their
Medicaid State Plan.
SYSTEMS CHANGE
14)
Provides grants for Systems Change Initiatives to help the states
transition from current institutionally dominated service systems to ones more
focused on community based services and supports, guided by a Consumer Task
Force.
15)
Calls for national five to 10 year demonstration project in five states;
to enhance coordination of services for non-elderly individuals; dually eligible for Medicaid AND Medicare.
For more information, please call ADAPT at (512)
442-0252 or (303) 333-6698 for more information.
(Return to top of page)
Congress passed the Help America Vote Act (HAVA)
October, 2002, to help states replace antiquated and unreliable punch card and
lever voting machines. HAVA mandates that all 50 states upgrade many aspects of
their election procedures, including their voting machines, registration
processes and poll worker training. The specifics of implementation have been
left up to each state.
HAVA also contains some elements that should
improve the election process greatly. The law mandates that voters be able to
correct mistakes in their ballots, or to cast provisional ballots if their names
do not appear on the registration list or if they do not have IDs. The law
requires polling places to have at least one fully accessible and private voting
machine for disabled voters.
The states must ensure accessible voting by:
·
Providing at least one fully accessible
and private voting machine per polling place for persons with disabilities that
also provides the same level of privacy as the voting machine for people without
disabilities.
·
Defining and setting deadlines for the
polling site and voting accessibility for people with disabilities.
·
Providing at least one accessible parking
spot at polling site.
·
Providing an accessible voting route to
the polling site.
·
Ensuring that the location or building
holding the polling site is completely accessible.
Each state must create integrated, computerized, statewide voter
registration lists. HAVA also dedicated federal funds for better training of
poll workers and voter education.
As a condition to receive federal funds, each
state is required to submit a plan that meets the requirements of the Act.
Idaho moved quickly to prepare for the much anticipated election reform. It
established the Democracy Fund with legislation passed by the 2002 legislature
to accept HAVA funds and passed legislation in 2003 to implement HAVA in the
form of House Bill 162. Idaho’s bill, signed into law March 13, 2003, more
clearly defines the administration of federal elections, mandates a statewide
registered voter list or database, rules or directives outlining an election
grievance procedure and the definition of what constitutes a valid vote for each
voting system being used in the state.
(Return to top of page)
Idaho Congressional Delegation
Senator Larry Craig (R)
U.S. Senate, 520 Hart Senate Office Bldg.
Washington, D.C. 20510
phone, 1-202-224-2752, fax 1-202-228-1067
In Boise: 225 N. 9th, Ste. 530, Boise 83702 phone (208) 342-7985, fax
(208) 343-2458
E-mail: larry_craig@craig.senate.gov
Web page: www.senate.gov/~craig/
Senator Mike Crapo (R)
U.S. Senate, 239 Dirksen Senate Office Bldg.
Washington, D.C. 20510
phone, 1-202-224-6142
In Boise: 251 E. Front Street, Suite 205, Boise 83702 phone (208) 334-1776, fax
(208) 334-9044
Web page: www.senate.gov/~crapo/
Representative C.L. "Butch"
Otter (R)
1st Congressional District
U.S. House of Representatives, 1711 Longworth House
Office Bldg.
Washington, D.C. 20515-1201
phone, 1-202-225-6611, fax 1-202-225-3029
In Boise: 802 West Bannock #101, Boise 83702 phone
(208) 336-9831,
fax (208) 336-9891
E-mail:
Representative Mike Simpson (R)
2nd Congressional District
U.S. House of Representatives, 1339 Longworth House
Office Bldg.
Washington, D.C. 20515
phone, 1-202-225-5531, fax 1-202-225-8216
In Boise: 802 West Bannock #600, Boise 83702 (208) 334-1953, fax
(208) 334-1953
E-mail: mike.simpson@mail.house.gov
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To get copies of House and Senate bills on-line:
House of Representative Web Page (links
to representatives)
Senate Web Page (links to senators)
Library of Congress
Library of Congress -Thomas Jefferson, Legislative
Information Service
The White House
To track Congress:
Project Vote Smart
Roll Call
Washington Post
Other related links:
U.S. Congress Handbook
C-SPAN
Congressional Quarterly (no return to SILC
website)
Council of State Governments
Democracy Network
Federal Election Commission
State of ID
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Idaho State Independent Living Council
Kelly Buckland, Executive Director
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