2017 State Independent Living Council

LEGISLATIVE MONITORING LIST (Federal 6, State 8)

September 2017

Updates are marked with an asterisk* in front of bill number

FEDERAL LEGISLATION

H.R. 620 Poe. ADA Education and Reform Act of 2017.

Oppose Status: 2/08/2017 Referred to the Subcommittee on the Constitution and Civil Justice. Action by House Committee on Judiciary.

To amend the Title II of the Americans with Disabilities Act of 1990, to promote compliance through education, to clarify the requirements for demand letters, to provide for a notice and cure period before the commencement of a private civil action against a public facility.

SPIL Goal 2. Advocacy and Community Organizing, Objective 2. IL Network members receive regulatory guidance on Community Organizing and Systems Change.

H.R. 708 Bucshon. State Age Rating Flexibility Act of 2017.

Oppose Status: 2/3/2017 Referred to Subcommittee on Health. Action by House Committee on Energy and Commerce.

Amends the Public Health Service Act to increase the permissible variation based on age for health insurance premiums for coverage offered in the individual or small group market from a factor of three to a factor of five, or to a factor determined by the state. This applies to plan years starting on or after January 1, 2018.

SPIL Goal 2. Advocacy and Community Organizing, Objective 2. IL Network members receive regulatory guidance on Community Organizing and Systems Change.

H.R. 1313 Foxx. Preserving Employee Wellness Programs Act.

Oppose Status: 3/8/2017 Ordered to be Amended – votes Yea 22, Nay 17. Action by House Committee on Education and the Workforce.

Would exempt workplace wellness programs from: 1) limitations under the Americans with Disabilities Act on medical examinations and inquiries of employees, 2) the prohibition on collecting genetic information in connection with issuing health insurance, and 3) limitations under the Genetic Information Nondiscrimination Act on collecting the genetic information of employees or family members of employees.

SPIL Goal 2. Advocacy and Community Organizing, Objective 2. IL Network members receive regulatory guidance on Community Organizing and Systems Change.

*H.R. 1628 Black. American Health Care Act of 2017.

Oppose Status: 7/28/2017 Returned to Senate Calendar for active bills. Calendar No. 120.

Intended to replace the current Affordable Care Act (ACA or “Obamacare”). Amendments to this bill would include detrimental effects, not only for lower-income individuals, older persons and individuals with disabilities, but also increased premium costs to all healthcare insurance holders.

During July 2017, this bill has undergone several amendments and name changes. There is a plan to hold bipartisan health care hearings, beginning the week of September 4, 2017.

SPIL Goal 2. Advocacy and Community Organizing, Objective 2. IL Network members receive regulatory guidance on Community Organizing and Systems Change.

H.R. 2472 Sensenbrenner. Disability Integration Act of 2017.

Support Status: 6/7/2017 Referred to Subcommittee on the Constitution and Civil Justice.

S 910 Schumer. Disability Integration Act of 2017.

Support Status: 4/7/2017 Read twice and referred to Committee on Health, Education, Labor and Pensions.

Would prohibit discrimination against individuals with disabilities who need long-term services and supports, as well as other purposes. Intended to clarify and strengthen the ADA’s integration mandate to ensure that states provide long-term services and supports to individuals with disabilities to be able to live in the most integrated setting, including the individual’s own home, have maximum control over their services and supports and ensure that long-term services and supports are provided to allow individuals with disabilities to lead independent lives.

SPIL Goal 2. Advocacy and Community Organizing, Objective 2. IL Network members receive regulatory guidance on Community Organizing and Systems Change.


STATE LEGISLATION

*AB 384 Irwin. The Qualified ABLE Program: tax-advantaged savings

Neutral accounts.

Last amended 7/3/2017.

Status: 9/5/2017 Read second time. Ordered to third reading. (Location: Senate Third Reading)

Would expand the California residency requirement for a designated beneficiary to being a resident of the United States, which may reduce administrative costs.

SPIL Goal 2. Advocacy and Community Organizing, Objective 2. IL Network members receive regulatory guidance on Community Organizing and Systems Change.

*AB 470 Arambula. Medi-Cal: specialty mental health services: performance

Support outcome.

Last amended 9/1/2017.

Status: 9/5/2017 Read second time. Ordered to third reading. (Location: Senate Third Reading).

Would facilitate the improvement of mental health outcomes and the reduction of disparities for adults receiving specialty mental health services by implementing a statewide performance and outcomes reporting system, under the Department of Health Care Services (DHCS). Would require DHCS to convene a stakeholder advisory committee that would include consumer advocates and counties, to help create a plan for performance outcomes, for specialty mental health services provided to eligible Medi-Cal beneficiaries under 21 years of age.

SPIL Goal 2. Advocacy and Community Organizing, Objective 2. IL Network members receive regulatory guidance on Community Organizing and Systems Change.

*AB 727 Nazarian. Mental Health Services Act: housing assistance.

Support Last amended 9/5/2017.

Status: 9/5/2017 Read third time and amended. Ordered to second reading. (Location: Senate Second Reading)

Will clarify that counties may spend Mental Health Services Act (MHSA) funds on housing/rental assistance. Currently, only 2 out of 5 MHSA funded programs/services offer housing assistance.

SPIL Goal 2. Advocacy and Community Organizing, Objective 2. IL Network members receive regulatory guidance on Community Organizing and Systems Change.

*AB 763 Salas. Independent Living Centers: funding.

Support Last amended 4/17/2017.

Status: 9/1/2017 Failed to pass out of Senate Appropriations Committee Suspense File. May be acted upon again in January 2018. (Location: Senate 2nd Year File)

Would delete the exception to current legislation, to allow for three (3) independent living centers to receive $235,000 in base grant funds allocated by the Department of Rehabilitation.

SPIL Goal 1. Enhance and expand existing transition services, Objective 5. SILC conducts resource development activities.

SPIL Goal 2. Advocacy and Community Organizing, Objective 2. IL Network members receive regulatory guidance on Community Organizing and Systems Change.

*AB 973 Low. Remote accessible vote by mail system.

Support Last amended 7/19/2017.

Status: 9/5/2017 Read second time. Ordered to third reading. (Location: Senate Third Reading)

Beginning January 1, 2020, would require a county elections official to permit a voter with a disability, or a military or overseas voter, to cast his or her ballot using a certified remote accessible vote by mail system. This requirement would not apply to a county when conducting an all-mailed ballot election.

SPIL Goal 2. Advocacy and Community Organizing, Objective 2. IL Network members receive regulatory guidance on Community Organizing and Systems Change.

*AB 1200 Cervantes. Aging and Disability Resource Connection program.

Neutral Last amended 9/1/2017.

Status: 9/5/2017 Read second time. Ordered to third reading. (Location: Senate Third Reading)

Would establish the Aging and Disability Resource Connection (ADRC) program, to be administered by the California Department of Aging, to provide information to consumers and their families on available long-term services and supports (LTSS) programs and to assist older adults, caregivers, and persons with disabilities in accessing LTSS programs at the local level. It would require the department to establish the ADRC Advisory Committee as the primary advisor in the ongoing development and implementation of the program.

SPIL Goal 2. Advocacy and Community Organizing, Objective 2. IL Network members receive regulatory guidance on Community Organizing and Systems Change.

*SB 218 Dodd. The Qualified ABLE Program: tax-advantaged saving

Neutral accounts.

Last amended 9/5/2017.

Status: 9/5/2017 Read second time and amended. Ordered to second reading. (Location: Assembly Second Reading)

Would authorize, as permitted under federal law, the transfer of all amounts in the designated beneficiary’s ABLE account to an ABLE account for another individual specified by either the designated beneficiary or the estate of the designated beneficiary upon the death of the designated beneficiary. It would require the California ABLE Act Board to notify all designated beneficiaries or the estates of the designated beneficiaries of the potential tax consequences of transferring funds from one ABLE account to another.

SPIL Goal 2. Advocacy and Community Organizing, Objective 2. IL Network members receive regulatory guidance on Community Organizing and Systems Change.

*SB 562 Lara. The Healthy California Act.

Neutral Last amended 5/26/2017.

Status: 7/142017 Failed deadline to pass out of committee to Assembly Appropriations. May be acted upon again in January 2018. (Location: Held in Assembly)

Would create the Healthy California program to provide comprehensive universal single-payer health care coverage and a health care cost control system for the benefit of all residents of the state.

SPIL Goal 2. Advocacy and Community Organizing, Objective 2. IL Network members receive regulatory guidance on Community Organizing and Systems Change.

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