by Scott M. Mendel
With a new administration in Washington, D.C., a number of legislative proposals are before Congress that could adversely affect Misericordia. There is also a new regulatory initiative in Springfield that can be detrimental to Misericordia’s future plans. Below is a brief summary of these federal and state initiatives. I am always happy to provide additional information or answer any questions. The best way to reach me is at scott.mendel@klgatescom.
Dear TFC Members:
Senators Hassan, Casey, and Brown, and Representative Dingell, have circulated a draft bill called the Home and Community-Based Services Access Act (the “HAA”). They have asked members of the public to provide comments on the HAA. It is critically important that each of you send in your own comments on this proposed legislation.
The HAA is being portrayed as legislation that will help individuals with disabilities. Unfortunately, the way it is drafted, it will have a devastating effect on the men and women with the most significant intellectual disabilities. The bill would end any requirement that states provide the services of intermediate care facilities for individuals with intellectual disabilities (“ICF/IIDs”). It would also create a strong financial incentive for all states to close all ICF/IIDs, both state operated and private. 70,000 men and women across the country have chosen to live in ICF/IIDs because they have found that these settings best meet their needs and preferences. All of these men and women would be forced to leave their chosen homes.
Dear Misericordia Families:
We are asking you to take action by submitting a comment to the Illinois Department of Human Services regarding proposed rule changes that will prevent campus settings and other types of congregate settings in Illinois from receiving Medicaid waiver funding. These rule changes will not directly affect any of Misericordia’s current homes because its campus homes receive Medicaid funding that is reserved for intermediate care facilities for the developmentally disabled (ICFs) and its off-campus CILA homes meet the requirements of the proposed rule. Nonetheless, the rule changes described below can limit housing options that Misericordia may wish to pursue in the future. In addition, we feel strongly that men and women who wish to live in a campus setting, on a farmstead, or in other types of intentional communities should have that opportunity. Under the proposed rule changes, only small isolated group homes in neighborhoods will be eligible to receive Medicaid waiver funding. We know that for some men and women, these small group homes can be very isolating. Some men and women have behavioral issues that preclude them from living in a small group home in an urban neighborhood; they do much better in the calm of a campus setting or a farm community. If men and women find that they prefer to live in a campus setting, on a farmstead, or in another intentional community with their peers, and if that type of setting best meets their needs, they should have that option. The proposed rule changes take that option away in Illinois. In addition, the proposed rule seeks to impose restrictions on where individuals with disabilities may live that are not imposed on any other group. This is wrong and likely unlawful.
Here are some key provisions of the Social Security Act that support choice, particularly the choice of an ICF. Please click the "Medicaid Provisions" below.
Date: March 5, 2021
To: Misericordia Family Association
From: Michael Diaz and Tina Stendardo; Community Day Services Administrators
Dear Misericordia Families,
We hope you all are well and staying safe. We wanted to provide you with an update on the re-opening of our Community Day Services (CDS).
Dear SIBs,
Thank you for tuning in to our video presentation for our Annual Sibling Meeting yesterday. In case you missed it, below are the important links for this year:
In a year marked by unprecedented events and drastic interruptions to daily routines, we continue to be struck by the resilience, creativity, perseverance, and generosity of our Misericordia community. Not only does the staff continue to show up for their shifts during severe snowstorms – our windows today look out on snow flying up, down, backwards and sideways – but their presence is more than just showing up. They continuously bring their dedication, creativity and express their love to our residents. We are so thankful to them.
Our families are also making a profound difference to our community. We are grateful beyond measure for the continued expressions of support, generosity, and thoughtfulness of so many MFA families. Thank you. We simply couldn’t have made it through last year and into this new year without you and this incredible community.
After reviewing the current MFA Bylaws, the Bylaws committee has made a few recommended changes. In addition to stylistically reformatting the document, the two most significant changes are:
1. Expanded financial controls designed to ensure that the MFA financial processing and record keeping are fully transparent and at the highest standards of not-for-profit organizations.
2. Specific approval of online meetings and elections.
Act now to protect employment opportunities for our loved ones with significant intellectual and developmental disabilities!
IT WILL ONLY TAKE YOU A MINUTE
Congress is currently considering a bill that will phase out Section 14(c) of the Fair Labor Standards Act. This provision has been in existence for over 80 years and has promoted employment of individuals with significant intellectual disabilities. The phase out of Section 14(c) will cause the closure of many work programs operated by non-profit agencies and designed for individuals with significant disabilities. Without these work programs thousands of men and women across the country will lose their jobs. Many of these men and women cannot obtain or retain competitive employment at the minimum wage. For those who do have competitive employment, it is typically for only a few hours a week. The non-profit work programs employ these men and women for the balance of their week.
Please Click here to send an email to your two Senators and your Representative asking them to remove the portions of the bill that will phase out Section 14(c).
Dear Siblings,
Please save the date for Sunday, February 28 for our Annual Sibling meeting. Due to COVID regulations, our meeting this year will be a pre-recorded virtual presentation that will be emailed to you on that date.
We so wish we were able to gather together as we have in years past. However, that is still not possible. We thought it would be important to hold to tradition by keeping the last sunday in February for our Annual Meeting.
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