News and Alerts

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!