News and Alerts

The US Department of Labor (DOL) is hosting an online dialogue right now that ends this Sunday, March 29 to gather ideas it will use in developing its guidance, resources, tools, and outreach related to changes in paid leave made by the Families First Act in response to the COVID-19 pandemic. We encourage everyone to please comment and instructions and template comments, drafted together with our friends at The Arc below.

CPR, Disability Rights Center of Kansas, Topeka Independent Living Resource Center, and partners filed a complaint with the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) today regarding illegal disability discrimination in treatment rationing protocols being developed in response to the COVID-19 pandemic. We also, along with Disability Rights Tennessee, The Arc, and other partners, filed a complaint regarding illegal disability discrimination in treatment rationing today in Tennessee.

Today, CPR and 18 Massachusetts disability and legal services organizations urged Governor Baker to immediately adopt and disseminate mandatory statewide guidelines to ensure that life-saving care is not illegally withheld or removed from disabled residents due to discriminatory resource allocation or altered standards of care.

We need to make our voices heard NOW to ensure the coronavirus response package currently being negotiated addresses disability community priorities. We need you to contact your members of Congress and Congressional leadership now to tell them that their response must address the needs of people with disabilities. This cannot wait.

The Center for Public Representation, Alabama Disabilities Advocacy Program, The Arc, and partners filed a complaint with the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) today regarding illegal disability discrimination in treatment rationing protocols being developed in response to the COVID-19 pandemic. A similar complaint was filed in Washington state yesterday.

The Center for Public Representation, Disability Rights Washington, The Arc, and partners filed a complaint with the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) this morning regarding illegal disability discrimination in treatment rationing protocols being developed in response to the COVID-19 pandemic. CPR and our partners call on HHS OCR to take immediate action to provide guidance on what health care providers must do to comply with federal laws protecting the rights of all patients, including those with disabilities, during the COVID-19 pandemic.

Now is the time for Congress to act to protect people with disabilities, who are particularly at risk as the coronavirus pandemic spreads. Late yesterday, Congress passed the Families First Coronavirus Response Act and President Trump signed it into law. The bill is an important first step, with increased Medicaid funding, emergency paid leave, increased funding for food assistance, and free coronavirus testing. But more must be done to support people with disabilities throughout this crisis. We need to make our voices heard NOW to ensure future legislation already in the works responding to the COVID-19 crisis addresses the needs of people with disabilities.

A federal judge denied the Motion to Dismiss in State of Georgia v. The Georgia Advocacy Office, the case filed by CPR and its partners alleging that the State of Georgia discriminates against thousands of public school students with disabilities by providing them with a separate and unequal education via the Georgia Network for Educational and Therapeutic Supports Program (GNETS). As a result, we can now move ahead in our efforts to demonstrate that the GNETS system violates the rights of students with disabilities under the ADA, Section 504, and the U.S. Constitution.

The Center for Public Representation submitted comments in opposition to the US Department of Housing and Urban Development’s proposed rule weakening regulations that help remove barriers to fair housing for people with disabilities and other protected groups. In response to those barriers, in 2015, HUD issued the Affirmatively Furthering Fair Housing (AFFH) Rule to strengthen the process for developing plans to address housing barriers, but HUD is now trying to weaken that rule, by, among other things, removing important language about community integration for people with disabilities.

The outbreak of COVID-19 is having a disproportionate impact on people with disabilities. Take action today to ensure Congress acts quickly to ensure essential supports are available to the disability community.

Today the Food and Drug Administration (FDA) released a long-awaited final rule banning the use of electrical stimulation devices (ESDs) on people with disabilities to control self-injurious or aggressive behaviors, finding that the devices present an “unreasonable and substantial” risk of serious harm to the people subjected to them. Today’s landmark victory is the culmination of years of advocacy by the disability community to end this dangerous and harmful practice.

The Supreme Court has granted certiorari in the Affordable Care Act case, formerly known as Texas v. US and now known as California v. Texas, meaning that the fate of the ACA is in its hands. However, a decision is not expected until next year, as the Court declined to expedite its decision and hear the case this term.

Today, the Department of Homeland Security’s discriminatory public charge rule goes into effect. The rule will exclude many people with disabilities from this country and discourage those already in the US from using critical public benefits, including Medicaid-funded home and community-based services on which many people with disabilities rely to fully participate in their communities. Although the rule is now in effect, efforts to overturn it continue and CPR and other disability organizations have supported those efforts, filing several amicus briefs in the litigation.

Today, the U.S. Court of Appeals for the District of Columbia unanimously upheld the decision reached by a federal district court last year overturning HHS’ approval of Arkansas’ Medicaid waiver, that, among other things, imposed work requirements. The court found that approval of the waiver violated the Administrative Procedure Act because HHS did not consider how the waiver would further “the principal objective of Medicaid,” providing access to healthcare.

CPR joined Disability Rights California and 6 other disability advocacy organizations in an amicus brief filed today in the Ninth Circuit Court of Appeals in opposition to President Trump’s proclamation issued in October, requiring visa applicants from abroad to buy certain approved health insurance or have the financial means to cover foreseeable medical expenses. Amici argue that the proclamation will not only fail to accomplish its purported purpose, reducing uncompensated care costs, but will do so in a way that illegally discriminates against people with disabilities.

Today, CMS issued a guidance allowing states to use waivers to block grant their Medicaid expansion population (a large portion of which are people with disabilities), reframing block grants as “Healthy Adult Opportunity.” CPR and other disability advocates have fought against prior attempts by Congress to block grant Medicaid and are very concerned by this latest effort by the Administration. 

Today, the US Supreme Court issued a decision overturning the nationwide injunction against the Department of Homeland Security’s (DHS) public charge rule, meaning DHS can now implement the rule while the Courts of Appeals review whether it is illegal. The rule will exclude immigrants with disabilities from this country and discourage those already in the US from using critical public benefits, including the Medicaid-funded home and community based services many disabled people rely on to fully participate in their communities.

CPR, the ACLU, and 17 other disability advocacy organizations represented by Latham & Watkins filed an amicus brief in the Ninth Circuit Court of Appeals opposing DHS’ appeal seeking to overturn the preliminary injunction issued by a federal district court in California in October, applying to plaintiff states.

CPR and other members of the HCBS Advocacy Coalition, with support from the Community Living Policy Center, released a white paper to assist states and stakeholders in tracking progress and outcomes from implementation of the Medicaid Home and Community Based (HCBS) Settings Rule, available here: https://hcbsadvocacy.org/2020-outcomes-paper.

The Social Security Administration has proposed new rules that would create unnecessary administrative barriers to disability benefits, limiting access for people with disabilities. Take action today!

The brief urges the Court of Appeals to affirm the district court’s decision finding that Massachusetts continues to violate the Medicaid Act when it fails to promptly provide critical home-based services.

Today CPR submitted a brief to the Supreme Judicial Court of Massachusetts on behalf of C.R., a person with a psychiatric disability who was confined for almost a week in a hospital emergency department. 

The Center for Public Representation is extremely concerned by today’s decision by the U.S. Court of Appeals for the Fifth Circuit in Texas v. US that puts the healthcare of tens of millions of people at risk. The Court ruled that the individual mandate of the Affordable Care Act (ACA) is unconstitutional and sent it back in the hands of the district court judge – who has already once struck down the entire ACA as unconstitutional – to decide whether to invalidate the entire law.

Today we filed a brief in the federal court of appeals in our Massachusetts children’s mental health case, on behalf of 30,000 children with serious emotional disturbance (SED). We argued that the court should not end monitoring and oversight of its remedial order designed to address ongoing violations of the Medicaid Act. Since children are still waiting weeks, if not months for intensive home-based services, that enable them to remain in their own homes and communities, the state is not in compliance with either federal law or the remedial order.

During 2019 we fought for the rights of people with disabilities to live in their communities, to have access to healthcare, to be paid fair wages for real employment, and to make decisions about their own lives. From courtrooms and legislative hearings to organizing the disability community and establishing a national technical assistance center, we’ve worked to promote and preserve choice for individuals with disabilities. We need your help to pursue this work. Learn more about our work in 2019 and plans for 2020.

CPR, the ACLU, and 17 other disability advocacy organizations represented by Latham & Watkins filed an amicus brief in the Second Circuit opposing the Department of Homeland Security’s (DHS) motion to stay the preliminary injunction issued by the district court last month against the public charge rule.

CPR, through its work with Collaboration to Promote Self-Determination (CPSD), submitted a letter to the new Acting Assistant Secretary of the Department of Education’s Office of Special Education and Rehabilitation Services (OSERS) opposing the Department’s expressed intent to reopen the implementing regulations of the Workforce Innovation and Opportunity Act (WIOA).

Today, CPR released new materials detailing what the Department of Homeland Security’s public charge rule will mean for immigrants with disabilities if it goes into effect, including a fact sheet reviewing the basics of the rule and its impact on people with disabilities and a more in-depth explanation of the rule and the lawsuits challenging it.

The Center for Public Representation joined a coalition of disability, education, and other civil rights groups in an amicus brief submitted to the U.S. Supreme Court on Friday in Espinoza v. Montana Department of Revenue, asking the Court to affirm the decision of the Montana Supreme Court, which invalidated Montana’s private school tax-credit scholarship program.

On November 15, CPR’s Director of Advocacy, Alison Barkoff, will present testimony to the U.S. Commission on Civil Rights (USCCR) for the Commission’s public briefing, “Subminimum Wages: Impacts on the Civil Rights of People with Disabilities.” USCCR is also accepting public comments until December 15 that, along with the briefing, will help shape a forthcoming report analyzing the use of the 14(c) program and making recommendations.

CPR and its co-counsel have reached a settlement with the State of Ohio in Ball v. DeWine, an ADA/Olmstead case filed in 2016 on behalf of thousands of people with intellectual disabilities who were unnecessarily segregated in large, congregate Intermediate Care Facilities (ICFs).

Yesterday, CPR submitted comments urging the State Department to reconsider its efforts to implement a presidential proclamation issued October 4, 2019 mandating that visa applicants abroad buy certain approved health insurance or have the financial means to cover foreseeable medical expenses.

CPR is pleased to have contributed to a new report by the National Council on Disability (NCD) evaluating federal agencies’ implementation and enforcement of disability rights laws, including the Americans with Disabilities Act (ADA) and enforcement of the Olmstead decision. The report provides not only key findings regarding agencies’ progress, but recommendations for improvement.

CPR is advancing policies to end the unfair and discriminatory payment of subminimum wages to people with disabilities and to expand opportunities for community jobs at fair pay.

Tomorrow (Wednesday, October 30th), we’re joining with CPSD and other organizations for a call-in day to help make the Transformation to Competitive Employment Act a reality, which would provide resources for competitive integrated employment to states and providers and end the subminimum wage. This is our chance to tell elected officials what TCEA would mean for the disability community and we need your help!

Over 20 member organizations of the Coalition for Smart Safety, including CPR, have released a letter addressing concerns with the RESPONSE Act, which was introduced today by Sen. Cornyn. While we support efforts to reduce mass violence, the coalition opposes any legislation that ties those efforts to mental health reform. Doing so will only serve to "fuel prejudice, fear, and marginalization of individuals with mental health disabilities."

The Center for Public Representation celebrates the nationwide preliminary injunctions issued today by federal courts in New York and Washington state, preventing the Administration from implementing its cruel and discriminatory public charge rule and finding the rule could discriminate against people with disabilities.  These decisions are a clear victory for disabled immigrants and their families. 

CPR joined a coalition of 38 organizations including leaders and allies in disability rights, civil rights, education, and privacy communities to issue a joint statement affirming that mental health disabilities are not predictors of gun violence and that people with mental health disabilities must not be scapegoated for the acts of mass gun violence in this country.

The right to bring a claim in a public court of law is essential to maintaining transparency about what occurs in nursing facilities.

CPR assisted on two amicus briefs filed on behalf of former members of Congress and by numerous disability rights organizations that discussed the importance of federal enforcement of the ADA.

CPR and other disability organizations filed an amicus brief in litigation challenging the new "public charge" rule, which would prevent people with disabilities from entering this country or becoming legal residents, alleging illegal disability discrimination.

CPR and other disability organizations filed an amicus brief stressing the importance of ride sharing technologies and the need for them to make necessary accommodations for persons with disabilities. 

The Center for Public Representation (CPR) joins other disability, immigration, civil rights, and health care organizations in condemning the Department’s Homeland Security’s new “public charge” rule.

In the wake of the mass shootings in El Paso, Texas, and Dayton, Ohio, President Trump has called for building new institutions to involuntarily commit people with mental health disabilities and has suggested that mental illness is the primary cause of gun violence. CPR condemns these blatantly untrue and stigmatizing statements. 

The Office of Civil Rights of the Department of Health and Human Services (HHS) has issued a new proposed rule that would significantly weaken the current rules interpreting Section 1557 of the Affordable Care Act (ACA).  Section 1557 prohibits discrimination by health programs or facilities that receive federal funds from discriminating based on race, color, national origin, age, disability, or sex.  The public can submit comments before August 13th.  It is critical that you make your voice heard opposing these rollbacks in the ACA’s discrimination protections.

Last week, the House passed the Raise the Wage Act.  This federal minimum wage bill makes clear that EVERYONE deserves a fair and living wage; it would eliminate subminimum wages to people with disabilities under Section 14(c) of the Fair Labor Standards Act. Let’s keep the momentum going!  Every Tuesday this summer, ask your members of Congress to support and co-sponsor the Transformation to Competitive Employment Act (TCEA).

A coalition of stakeholders issued a statement opposing a reinterpretation by the Department of Education of the least restrictive environment (LRE) provisions of the Individuals with Disabilities Education Act (IDEA).

After months of work and support from our participants and partners, we are excited to announce that CPR's re-designed Supported Decision-Making Website is live. We hope the site will help you learn about SDM, understand how SDM transforms lives, and inspire you to become a participant, supporter, or advocate.

The Department of Health and Human Services (HHS) recently issued a new proposed rule that would significantly weaken the current rules interpreting Section 1557 of the Affordable Care Act (ACA).  Section 1557 prohibits discrimination by health programs or facilities that receive federal funds from discriminating based on race, color, national origin, age, disability, or sex. 

On June 21, 2019, the United States District Court for the District of New Mexico gave its final approval to a new Settlement Agreement in the longstanding community integration case, Jackson v. Los Lunas.

Last night the House passed H.R. 3253, the Empowering Beneficiaries, Ensuring Access and Strengthening Accountability Act.  This bill funds the Money Follows the Person program through the Fiscal Year 2023.  It also extends the HCBS spousal impoverishment protections through March 31, 2024....We now need the Senate to act!  Join our national call-in day and ask your Senators to #FundMFP.

This week the Department of Labor announced its new website, “the Section 14(c) National Online Dialogue.”  The purpose of the website is to collect comments from the public about the impact of paying subminimum wages to people with disabilities under section 14(c) of the Fair Labor Standards Act. Input from people with disabilities, families, employment providers and employers is important.  Share your perspective online before Friday, June 21st.

Today, Tuesday, May 21, 2019, at 10:15 am, the US House of Representatives will hold a hearing on barriers to employment, including for people with disabilities.

Over 25 national organizations, including the Center for Public Representation, formed the Coalition to Advance Competitive Integrated Employment.

A final settlement requires New Mexico to implement new policies and waiver standards designed to protect the health and safety of class members, to ensure timely and appropriate investigations of incidents and deaths, and to improve the quality and capacity of service providers. 

On April 1, 2019, CPR joined a number of national disability organizations to file a brief in the Texas v. US case, asking the Court of Appeals to reverse the district court’s ruling declaring the ACA unconstitutional.

CPR submits comments urging SSA to withdraw proposed rule Removing Inability to Communicate in English as an Education Category, RIN: 0960-AH86. The rule seeks to eliminate the inability to communicate in English as a factor to be considered by the agency at Step 5 of the disability analysis.

CPR and 39 other education, privacy, disability rights, and civil rights organizations released ten principles to protect all students’ safety, privacy, and right to an equal education.

CPR and our partners in the HCBS Advocacy Coalition issued a statement regarding the CMS HCBS Settings Rule Guidance on Heightened Scrutiny Reviews

The current Money Follows the Person (MFP) funding will run out soon. Join us on March 6th to urge Congress to support community living and fund MFP.

CPR submitted comments strongly discouraging weakening current privacy protections under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rules.  The Office for Civil Rights at the Department of Health and Human Services is considering possible changes to the way protected health information of people with psychiatric disabilities or substance use disorders can be shared. 

In a strongly-worded decision, Judge Michael Ponsor denied defendant’s Motion for Substantial Compliance, refusing to terminate active court oversight and monitoring of the Massachusetts’ home-based service system created under Rosie D. v. Baker.

This bill will phase out subminimum wage for individuals with disabilities while providing additional funding for competitive integrated employment.

Over 3,600 Texans with disabilities are warehoused in nursing facilities in Texas. They're isolated from the community and denied the basic services and supports they need.

CPR Supports the Raise the Wage Act of 2019 that would phase out of subminimum wage for people with disabilities. 

CPR was proud to join our disability and aging advocacy colleagues to celebrate the reintroduction of the Disability Integration Act today.

In 2018 CPR led a five week trial fighting for the rights of 3,600 people with disabilities stuck in nursing facilities in Texas. We advocated in Congress for national policies to ensure that people with disabilities don't lose the services they need to live and participate in their communities. We worked to further initiatives that enable people with disabilities to express choices and make decisions about their own lives. Learn more about our work in 2018 and plans for 2019.

CPR strongly condemns the recent events of hatred and violence.  We are committed to equality, diversity and social justice for all. Disability rights are civil rights and civil rights are disability rights. We stand together with all people seeking equality and the right to live in the community free from discrimination.  

Join the disability community and Protecting Immigrant Families this week to oppose and stop this rule.

CPR submitted comments to the U.S. Department of Housing and Urban Development (HUD) on their advance notice of proposed rulemaking to oppose potential changes that could weaken the Affirmatively Furthering Fair Housing regulations.  Affordable, accessible housing is key to people with disabilities being able to live in the most integrated setting in the community.  

A new “public charge” rule was published in the federal register.  The rule would discriminate against immigrants with disabilities and their families seeking to enter the U.S. or get a green card.  Please comment!

CPR opposes the nomination of Judge Kavanaugh to the U.S. Supreme Court. Read our statement to learn about Judge Kavanaugh’s record and what his confirmation could mean to the disability community.

As part of CPSD, together with almost 40 other national disability organizations, CPR sent a letter to Secretary DeVos opposing any efforts by the Department of Education to weaken or open existing regulations implementing the Workforce Innovation and Opportunity Act (WIOA).

CPR submitted comments to the U.S. Department of Education (ED) opposing a proposed two year delay in requiring compliance with regulations that address racial disproportionality in special education.

Governor Kay Ivey announced on Friday that Alabama has set aside $11 million in its recently passed budgets for the Alabama Department of Mental Health to expand behavioral health services for Medicaid-eligible children and youth.

Massachusetts has begun accepting new applications for its MFP Residential Supports waiver, in anticipation of new waiver capacity becoming available on April 1, 2018.

More than 200 disability organizations have signed on to a letter from the disability community to the Department of Justice expressing concern about the recent withdrawal of Olmstead Guidance.

On December 21, the U.S. Department of Justice rescinded its Statement on Application of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. to State and local Governments’ Employment Service Systems for Individuals with Disabilities.

The State of Alabama has signed a Settlement Agreement to provide a range of intensive home-based services to thousands of Medicaid-eligible youth with Autism Spectrum Disorder (ASD) or Serious Emotional Disorder (SED). 

CPR filed a class action lawsuit in federal court alleging that the State of Georgia has discriminated against thousands of public school students with disabilities by providing them with a separate and unequal education.

Read the latest updates and learn more about our advocacy work to protect our Medicaid.

The Center for Public Representation condemns the hateful racism, bigotry and anti-Semitism that occurred over the weekend in Charlottesville.