Health Care Reform Explained

There remains confusion about what the Affordable Care Act did, is doing and will do. This 9 minute cartoon does a very good job of explaining things. Use at will:

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Social Security Tax drops from 6.2 to 4.2 Percent

For 2011, the Social Security tax rate is 4.2 percent for employees, 6.2 percent for employers, and 10.4 percent for self-employed people. These rates apply to earnings up to the maximum taxable amount ($106,800 in 2011).

The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 reduced 2011 Social Security tax rates for employees and self-employed people by two percentage points.

Learn more about the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 at the White House website.

www.whitehouse.gov/taxcut

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President Pens WIPA Into Budget Through 2011

Statement by the Press Secretary

On October 13, 2010, the President signed into law:

H.R. 946, the “Plain Writing Act of 2010,” which requires Federal agencies to use plain writing in certain government documents that are issued to the public;

H.R. 3219, the “Veterans’ Benefits Act of 2010,” which makes changes in several veterans' affairs programs and benefits, including: (1) insurance; (2) disability compensation and pension; (3) education, employment, and small business; (4) housing and homeless veterans' programs; (5) memorial affairs; (6) civil relief issues; and (7) construction;

H.R. 4543, which designates the facility of the United States Postal Service located in San Jose, California, as the “Anthony J. Cortese Post Office Building;”

H.R. 5341, which designates the facility of the United States Postal Service located in Brighton, Michigan, as the “Joyce Rogers Post Office Building;”

H.R. 5390, which designates the facility of the United States Postal Service located in Cleveland, Ohio, as the “David John Donafee Post Office Building;”

H.R. 5450, which designates the facility of the United States Postal Service located in Los Angeles, California, as the “Tom Bradley Post Office Building;” and

H.R. 6200, the “WIPA and PABSS Extension Act of 2010,” which reauthorizes, through FY 2011, Social Security Administration work incentive and support programs designed to help certain beneficiaries, including those with disabilities, return to the workforce.

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Obama Signs Rosa's Law

Today, President Barack Obama signed into law Rosa's Law, which will change references in federal law from "mental retardation" to "intellectual disability", and references to a "mentally retarded individual" to an "individual with an intellectual disability"

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Health Care Reform - Changes in Law

This past week was the six month anniversary of the signing of the Affordable Care Act by President Obama. Several important pieces of the health care reform bill went into effect on September 23, 2010. This post highlights the most important changes in federal health care law. In addition, it provides more information on www.healthcare.gov, a national website that has valuable information for everyone wanting more information.

In effect as of September 23, 2010:

Rescission is Outlawed

Insurance companies aren’t allowed to drop people’s coverage when they get sick (this is known as “rescission”).

New Coverage Options for Children

Insurance companies aren’t allowed to deny coverage to children under 19 because of pre-existing conditions.

Children can stay on (or be added to) their parents’ insurance policies until they turn 26, if they can’t get insurance through a job. This applies to all insurance plans that provide dependent coverage. A new open enrollment period for children starts on September 23, 2010 and is required by law to continue for at least 30 days.

Ban on Lifetime Coverage Limits

For new individual insurance and all group plans, insurance companies aren’t allowed to put caps on the amount they will spend on lifetime coverage costs on “essential benefits”. Essential benefits include hospital stays, doctor visits, and prescription drugs.

Annual limits are restricted in all group plans and in new individual plans. Starting in 2014, annual limits will be banned completely.

More Preventive Services Covered by Private Health Coverage

All new group and individual plans will have to cover certain recommended preventive services, like cancer and diabetes screenings. Insurance companies will be required to offer these services free to the patient - without deductible, coinsurance, or copayment charges.

In effect in 2011:

Prescription Drug Discounts for People who Fall in Medicare’s Donut Hole

Starting January 1, 2011, people on Medicare who fall within the prescription drug coverage gap (the “donut hole”) will get a 50% discount on brand name prescription drugs and a 7% discount on generics.

These discounts are in addition to the annual rebates for people who fall in Medicare’s “donut hole”.

The website www.HealthCare.gov can provide you with invaluable information on changes under the health reform bill, the Affordable Care Act of 2010 (ACA).

For beneficiaries, there is an easy-to-use tool on this website called “Find Insurance Options”. Beneficiaries can use this tool by themselves to learn about the health care options that are available to them, given their circumstances (age, health condition, etc.). For example, it will provide information on specific Medicaid categories that they may be qualified for. It can ba found at: http://finder.healthcare.gov/ .

To read about changes to the High Risk Pool program in you state, go to http://www.healthcare.gov/law/provisions/preexisting/index.html and enter in your state. You will learn about how your state has chosen to implement its Pre-Existing Condition Insurance Plan program, which can either supplement or replace the existing state High Risk Pool. There is also a timeline on the website showing major changes that occur each year, with links to more information on each change.

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President Barack Obama Issues Executive Order — Increasing Federal Employment of Individuals with Disabilities

Link to full text of Executive Order

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White House Launches Celebration Of 20th Anniversary Of Americans With Disabilities Act

Sunday night, Valerie Jarrett, Senior Advisor to President Obama, kicked off the President’s and White House’s celebration of the 20th Anniversary of the Americans with Disabilities Act while delivering remarks to over 2,000 people from around the World at the VSA International Festival at the Kennedy Center. Valerie’s remarks, which you can find below, noted the significance of this historic landmark civil rights legislation, highlighted some of the President’s initiatives thus far related to people with disabilities and previewed that senior administration officials will be commemorating this historic anniversary in the weeks to come with new policies and events.

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New Commission to Address Debt, Social Security

Washington Post

Faced with growing alarm over the nation's soaring debt, the White House and congressional Democrats tentatively agreed Tuesday to create an independent budget commission and to put its recommendations for fiscal solvency to a vote in Congress by the end of this year.

Under the agreement, President Obama would issue an executive order to create an 18-member panel that would be granted broad authority to propose changes in the tax code and in the massive federal entitlement programs -- including Medicare, Medicaid and Social Security......FULL STORY

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Hate Crime Legislation Expands to Include People With Disabilities

The House of Representatives passed legislation Oct. 8th that would expand the federal definition of hate crimes to include crimes motivated by gender, sexual orientation, gender identity or disability.

So, what exactly are the existing federal hate crimes protections? And what would change by expanding them to include crimes motivated by gender, sexual orientation, gender identity and disability?

Current federal hate crimes provisions punish those who by force or threat of force willfully injure, intimidate or interfere with any person (or attempt to do so) because of the person's race, color, religion or national origin, and because that person is engaging in a number of activities, including:

• enrolling in or attending any public school or college;
• participating in any benefit, service, privilege, program, facility or activity provided or administered by any state or state subdivision;
• applying for employment by any private employer or any agency of any state, or joining any labor organization, hiring hall, or employment agency;
• serving on or attending any state court in connection with possible jury service;
• traveling or using any facility of interstate commerce, or using any vehicle, terminal, or facility of any common carrier by motor, rail, water, or air; and
• enjoying the accommodations or services of hotels, restaurants, gas stations, theater, concert hall, stadium, or any other place of exhibition or entertainment which serves the public.

Violation of this law may bring (in addition to any state charges), federal fine or imprisonment up to one year. If the crime involves a dangerous weapon or results in bodily harm, the penalty can be up to 10 years in prison. If the crime includes kidnapping, attempted kidnapping, aggravated sexual assault, attempted aggravated sexual assault, an attempt to kill, or if the crime results in death, the federal punishment can include the death penalty.

If the bills moving through the House and Senate run their course, crimes targeting anyone based on gender, sexual orientation, gender identity or disability, and the fact that they are participating in the above describes activities, would be eligible for the same punishment.

In addition to bolstering federal punishments, the pending hate crimes legislation would allow the Department of Justice to aid in hate crime investigations and prosecutions if requested by local authorities, and set aside money ($5 million) to help local communities investigate hate crimes.

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Health Care Reform Will Not Weaken Medicare

Last week at a Florida health care forum, Alliance President Barbara Easterling outlined how health care reform will strengthen Medicare. It will:

• Close the “donut hole” in Medicare Part D, the one that guarantees insurance companies keep getting their monthly premiums even when they aren’t giving you any benefits.

• Allow Medicare to negotiate for volume discounts with the drug companies.
  

• End wasteful taxpayer subsidies to the private insurance companies who run Medicare Advantage plans.

• Keep you healthier by eliminating the co-pay for Medicare preventive services such as checkups and cancer screenings.

• Offer an opportunity for early retirees to buy into Medicare

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President's Budget Request

President Obama has requested $11.6 billion for Social Security's administrative expenses in his FY 2010 budget proposal, a 10 percent increase over the current year. For more information about the President's FY 2010 budget request for Social Security, visit www.socialsecurity.gov/budget/

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SOCIAL SECURITY News Release Vice President Biden Announces $250 Recovery Payments to Go to Social Security and SSI Beneficiaries in May

Vice President Joe Biden and Michael J. Astrue, Commissioner of Social Security, announced today that the federal government will send out $250 economic recovery payments to people who receive Social Security and Supplemental Security Income (SSI) benefits beginning in early May 2009 and continuing throughout the month. No action is required to get the payment, which will be sent separately from the person’s regular monthly payment.

"The Social Security Administration and Commissioner Astrue have been working closely with other federal agencies to get these payments out the door in record time and into the hands of folks who need it most," said Vice President Biden. "These are checks that will make a big difference in the lives of older Americans and people with disabilities - many of whom have been hit especially hard by the economic crisis that has swept across the country."

“We have been working diligently to issue the $250 one-time recovery payments as soon as possible,” Commissioner Astrue said. “The legislation requires extensive coordination with other federal agencies and I’m pleased we are on track to issue these recovery payments earlier than the statute requires. Soon more than $13 billion will be in the hands of more than 50 million Americans.”

The American Recovery and Reinvestment Act of 2009 provides for a one-time payment of $250 to adult Social Security beneficiaries, and to SSI recipients, except those receiving Medicaid in care facilities. To receive the payment the individual must be eligible for Social Security or SSI during the months of November 2008, December 2008 or January 2009.

The legislation also provides for a one-time payment to Veterans Affairs (VA) and Railroad Retirement Board (RRB) beneficiaries. The VA and RRB will be responsible for paying individuals under their respective programs. However, if someone receives Social Security and SSI, VA or RRB benefits, he or she will receive only one $250 payment. People getting Social Security or SSI should not contact the agency unless a payment is not received by June 4, 2009.

For more detailed information about the $250 one-time economic recovery payments, go to www.socialsecurity.gov/payment.

To learn more about the American Recovery and Reinvestment Act of 2009, go to www.recovery.gov.


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Housing Information: Stimulus Bill and Low-Income Housing Tax Credits

Until Congress recently enacted the Stimulus Bill, the IRS had taken the position that Low-Income Housing Tax Credits were not "federal financial assistance" and therefore the requirements of Section 504 of the Rehabilitation Act of 1973 did not apply. HUD had tacitly deferred to IRS. As a consequence, people with disabilities were frequently discriminated against in one of the largest housing programs in the country.

With the recently enacted Stimulus Bill, people with disabilities now have the same Section 504 rights and protections as they have in other "federal financial assistance" programs.

The recently enacted Stimulus act has two important provisions with regards to the Low-Income Housing Tax Credit program that disability advocates should be aware of.

First, Congress enacted a "housing credit exchange program." Your State Housing Finance Agency (HFA) is authorized to "exchange" 100% of unused 2007 and 2008 LIHTC and 40% of their 2009 allocation to developers. In return, your State Housing Finance Agency will receive 85 cents on the dollar.

This is very important because if a housing developer had applied and received a LIHTC allocation but then could not, given the economy, find an investor that would "buy" the credit, with the Stimulus Bill the developer could turn in the credits and receive cash (85 cents on the dollar) from your HFA.

With these funds, your State will be able to continue funding programs for qualified low-income housing residents. Disability advocates must make sure that your HFA requires developers (for housing developments from 2007-2009) comply with Section 504 (see below).

Second, Congress allocated HOME funds to HFAs to fill gaps in tax credit deals. Developers will have to apply for these funds and these HOME funds will fill "gap financing" for tax credit developments. Housing developers must show that the use of such funds will increase the total funds available for the construction or rehabilitation of the affordable housing.

Third, funds provided from both of these programs must be used before January 1, 2011 or the funds will be returned to the Treasury.

What does this mean for advocates?

Funds from these two programs must be used and allocated in accordance with the HFA's allocation plans. However, in many states, these plans in the past did not require compliance with Section 504. You must address this and make sure that before your HFA uses any of these funds, there is
an amendment to the allocation plan so that developers know they must comply with Section 504.

There is no doubt that these funds are "federal financial assistance" and therefore Section 504 of the Rehabilitation Act is applicable. While there had been some dispute whether "tax credits" were "federal
financial assistance," there is no issue with the two funds. This gives advocates a new opportunity to make sure there is compliance with 504.

Therefore, 24. C.F.R. section 8.22 requires that at least five percent of the units be fully accessible to people with physical disabilities and another two percent for people with visual and hearing impairments. Not only must these units be accessible, but they must be targeted to people who require these accessible features.

Any HFA accepting these funds MUST reopen their allocation plans to make sure they require AT LEAST FIVE PERCENT of the new construction must be fully accessible.

At least for the funds in the two Stimulus Bill, we should also be demanding that the HFA target or change allocation plans to target a large portion of these funds to the lowest-income people - people at the SSI income level/18% of the average median income, something most HFAs throughout the country have not done with the LIHTC in the past.

Nationally, we should be looking at how the new Secretary of HUD implements the Stimulus Bill. This is an important opportunity for HUD to take the lead and address the shameful housing crisis people with
disabilities face.

Steve Gold, The Disability Odyssey continues

Back issues of other Information Bulletins are available online at
http://www.stevegoldada.com
with a searchable Archive at this site divided into different subjects.


Any questions may be directed to: rsi5@srt.com

Obama Stimulus Plan One-Time Payments to SSA Beneficiaries

Center of SSA homepage, www.socialsecurity.gov, now has a button Economic Stimulus One-Time Payments.
As of now, information states:
"President Obama recently signed the American Recovery and Reinvestment Act of 2009. This act provides for the one-time payment of $250 to individuals who get Supplemental Security Income (SSI) or Social Security benefits."

SSA expects everyone who is entitled to a payment to receive it by late May 2009. No action is required on your part.
SSA is currently working on the details regarding how they will issue nearly 55 million one-time payments to beneficiaries.

When more information becomes available, SSA will promptly post it here. Updates can also be found at this blog.

Please be on the lookout for economic stimulus scam's. As always, people should protect their personal information.

Any questions may be directed to: rsi5@srt.com

SSA's Astrue Praises President Obama

Michael J. Astrue, Commissioner of Social Security, welcomed news reports that President Barack Obama wants to begin discussions on the future of entitlement programs, including Social Security.

“With all the other challenges President-elect Obama is facing, it would be understandable if he were to defer decisions on Social Security for a period of time,” Commissioner Astrue said. “He is showing true leadership in starting this process earlier rather than later, and everyone at the Social Security Administration stands ready to support this effort in every way we can.”

The Washington Post reports that President Obama:

"...pledged yesterday to shape a new Social Security and Medicare 'bargain' with the American people, saying that the nation's long-term economic recovery cannot be attained unless the government finally gets control over its most costly entitlement programs."

That discussion will begin next month, Obama said, when he convenes a “fiscal responsibility summit" before delivering his first budget to Congress. He said his administration will begin confronting the issues of entitlement reform and long-term budget deficits soon after it jump-starts job growth and the stock market.

"What we have done is kicked this can down the road. We are now at the end of the road and are not in a position to kick it any further," he said. "We have to signal seriousness in this by making sure some of the hard decisions are made under my watch, not someone else's."

Commissioner Astrue, who has led the agency since February 2007, is confirmed to a term that expires in January of 2013.

In its 2008 report on the financial health of the Social Security Trust Funds, Commissioner Astrue and his fellow Trustees indicated that, without changes, the Social Security Trust Fund will be exhausted by 2041 and there will be enough money to pay only about 78 cents for each dollar of scheduled benefits after 2041. The Trustees urged resolution of the issue soon to make sure Social Security continues to provide a foundation of protection for future generations.

Any questions may be directed to: rsi5@srt.com

Obama picks Daschle as health secretary: official

WASHINGTON (Reuters) - Barack Obama has chosen former U.S. Senate Democratic leader Tom Daschle as his top official to overhaul the U.S. healthcare system, two Democratic sources said on Wednesday.

As Health and Human Services secretary, Daschle will play a central role in the president-elect's plans to extend healthcare coverage to the 47 million Americans -- nearly one-sixth of the population -- who lack medical insurance.

Daschle, of South Dakota, was an early supporter of Obama's, encouraging the first-term senator from Illinois to make his presidential run.

He is currently head of Obama's health-care policy group as the president-elect prepares to take office on January 20.

Daschle would be a high-profile pick to head an agency that oversees existing healthcare programs like Medicare, which are expected to see their costs balloon as the U.S. population ages.

Daschle, who was elected to the Senate in 1986, was the top Democrat in the Senate between 1994 and 2004, and majority leader when Democrats controlled the chamber between 2001 and 2003. He was a member of the House of Representatives for eight years before becoming a senator.

Since losing his re-election bid in 2004, Daschle has worked as a public-policy advisor for the law firm Alston and Bird.

He was not immediately available for comment.

Daschle was reported to be a candidate for Obama's chief of staff before that job went to Illinois Rep. Rahm Emanuel.

(Reporting by Andy Sullivan, Caren Bohan and Jeff Mason, Editing by Frances Kerry)


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What Barack Obama's Presidency Will Mean for Social Security Disability

With the election of Barack Obama as the 44th president of the United States, Americans have shifted their focus, directing their attention to Obama's new cabinet members, and how the Obama administration will address and take on national issues. One issue of focus that was not fully addressed during the election is the topic of Social Security Disability. A national disability lawyer takes aim at what we can expect from an Obama administration relative to the topic of SSDI and SSI disability.

Atlanta, GA (PRWEB) November 18, 2008 -- On November 4, 2008, Senator Obama gave his acceptance speech in Chicago, Illinois. As a result of winning 364 of the electoral votes, Barack Obama will be inaugurated as the next president of the United States on January 20, 2009.

During his two-year campaign Obama discussed a variety of topics that affect many Americans and presented a series of solutions to the nation's problems. One topic that did not gain national attention was the future of Social Security Disability. Matt Berry, a Social Security Disability lawyer reviews what type of "change" can be expected in the Social Security Disability System during an Obama administration.

Featured on BarackObama.com is a document titled, "Barack Obama and Joe Biden's Plan to Empower Americans with Disabilities," which describes and elaborates on Obama's plan to resolve the nation's Social Security Disability issues. The plan is divided into four parts (below), with the premise of the plan focusing on how the Obama administration plans to provide Americans with disabilities access to opportunities and the best quality of life.
1. Provide Americans with disabilities the educational opportunities they need to succeed
2. End discrimination and promote equal opportunity
3. Increase the employment rate of workers with disabilities
4. Support the independent, community-based living for Americans with disabilities

Obama supports a $150 million increase in the Social Security Administration's (SSA) budget. The Obama administration will be committed to streamlining the application and appeal process for individuals with disabilities, which they cite has been grossly under funded. For example:
- The SSA claims backlog has reached a record high of 755,000, an increase of over 440,000 since 2000.
- The average weight time for an appeals hearing is 505 days, compared to 258 days in 2000.

Currently fifty-four million Americans experience some form of disability, and that number is expected to grow as baby boomers reach their prime time.

The Social Security Administration estimates that a 20-year-old worker has a 30% chance of becoming disabled before reaching retirement age. (edited for length)


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