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Following Meeting With Dr. Rochelle Walensky, Disability Rights Advocates Release Statement and Readout

Washington, D.C. – Following a meeting between leaders from disability rights organizations and CDC Director Rochelle Walensky, advocates released the following statement:

The dialogue with the CDC Director was long overdue. We should have never gotten to the point where the head of our nation’s leading public health agency finds it encouraging that a disproportionate number of COVID deaths are people with disabilities. The disability community’s coordinated organizing resulted in a number of actionable recommendations that were shared with Director Walensky Friday, including:

  • Commit to regular ongoing meetings and consultation with disability stakeholders and CDC Leadership
  • Ground isolation guidance in public health evidence and data and in an understanding of their impacts on those most at risk
  • Take action to center people with disabilities—and other communities disproportionately impacted by COVID-19—by ensuring that all CDC COVID-19 guidance and other response efforts are inclusive of the needs of people with disabilities.

We are grateful for the opportunity to present these recommendations to the CDC, and we hope they and other federal agencies within HHS and beyond will work quickly to pursue them.

Bethany Lilly, Senior Director of Income Policy at The Arc of the United States, said “This was a good initial step for the CDC– listening and learning from disability advocates. But there are concrete policy steps that the CDC must take and we look forward to meeting with the CDC Director and other leadership to move these policies forward. We also know that the millions of people with disabilities across the U.S. want to hear from the Director as well.” 

Maria Town, President and CEO of the American Association of People with Disabilities said, “The ableism that the disability community has experienced in our nation’s response to the COVID-19 pandemic is not unique nor exclusive to the CDC. It is pervasive in the field of public health and in the medical field. I hope state public health agencies and other healthcare entities are closely following our advocacy so that they center the disability community in their responses to the current emergency and future pandemics.”

Julia Bascom, Executive Director for the Autistic Self Advocacy Network, said “We hope that the CDC will use this moment to begin to rebuild trust with the disability community. This must include both a genuine public apology as well as sustained policy change, beginning with the list of detailed recommendations we provided. We look forward to partnering with the CDC on concrete actions to safeguard and support people with disabilities and transform how the agency approaches its work.”

Elena Hung, Executive Director and Co-founder of Little Lobbyists, said “We appreciate CDC Director Dr. Walensky responding to our request to meet with disability leaders to acknowledge the harm her recent statement and the CDC’s policies caused our community throughout the duration of the COVID-19 pandemic. We anticipate immediate action to address the concerns raised and we look forward to ongoing meetings with CDC leadership to rebuild trust with the disability community. Little Lobbyists will continue the work to hold our leaders accountable and ensure our children with complex medical needs and disabilities are part of every decision that impacts them.”

Susan Henderson, Executive Director at the Disability Rights Education & Defense Fund, said “We will be engaging with other agencies within the Department of Health and Human Services, as well as Congress, to make sure that the entrenched ableism that has led to systemic discrimination on the basis of disability, and has cost hundreds of thousands of disabled people their lives during this pandemic, does not happen again. We hope that, working with Dr. Walensky, the CDC leads by example.”

Matthew Cortland, Senior Fellow, Data for Progress, said, “Tens of millions of chronically ill, disabled, and immunocompromised Americans need not just the CDC but the entire federal government, led by the Biden White House, to swiftly implement substantive policies that actually value our lives. Today’s meeting was only the very first step on the Biden Administration’s path to rebuilding trust with the disability community.

I look forward to the CDC and the entire Biden Administration partnering with the disability community to develop a pandemic response that meaningfully safeguards the lives of tens of millions of chronically ill, disabled, and immunocompromised Americans.”

Jamila Headley, Co-Executive Director of Be A Hero said: “Today we called on the Director of the Centers for Disease Control to do two critical things: to put people with disabilities at the very center of the COVID-19 response, and to ground her agency’s interventions and guidance firmly in the evidence of what will best work to keep all of us safe.

Headley continued, “In the richest country in the world, the agencies in charge of our pandemic response should not be grounding our public health recommendations and interventions in an acceptance that COVID-19 tests and high quality masks are (and will remain) too scarce. Instead, they should ground their approach in evidence of what is most effective, and in the deep knowledge of the communities who are suffering the most at the hands of COVID-19. At this moment people living with disabilities and their loved ones should know that our government is doing everything they can to keep us safe and alive.”

“Even in the middle of the largest global pandemic in a century, this country can afford to ensure that all of us—including the 93 million people in America living with disabilities and the growing numbers of people joining our community—thrive. We will keep fighting until they do just that.”

“Today Dr. Walenksy apologized to disability rights leaders for her hurtful words last weekend, and said that she and her agency needed to do better. I agree and tomorrow, I expect her to begin taking action,” said Headley.

Background & Readout

The meeting took place following comments from Walensky on Good Morning America last Friday, January 7 about a study she found “encouraging,” in which deaths among vaccinated people were mostly isolated to those who have four or more comorbidities. The comment, for which Walensky apologized in the meeting, sparked outrage from the disability community. The hashtag #MyDisabledLifeIsWorthy, started by writer and advocate Imani Barbarin, was a top trend on Twitter last weekend. The frustration extends far beyond Walensky’s initial comment and reflects a greater need for government and society to center disabled and at-risk individuals in managing COVID. In recognition of the growing frustration of the disability community, groups requested a meeting with Walensky.

During the meeting, representatives sought to hold Director Walensky accountable for her comments, establish a working relationship with the CDC, and have a detailed discussion with Director Walenksy about policies the agency should adopt and implement to prioritize the health and safety of the disability community. During the meeting, Director Walensky apologized for her comments, and stated it was not her intent to be harmful to the community. Advocates acknowledged her apology, and also stressed the need for a public apology, as disabled and medically complex Americans who were not in this meeting also deserve to hear from Walensky. Director Walenksy also committed to regular meetings with involvement from senior officials and herself going forward.

The following organizations and individual advocates were in attendance: The American Association of People with Disabilities (AAPD), The Arc of the United States, The Autistic Self Advocacy Network (ASAN), Be A Hero, The Disability Justice Initiative at the Center for American Progress, Disability Rights Education & Defense Fund (DREDF), the Epilepsy Foundation, Little Lobbyists, and Matthew Cortland, Senior Fellow, Data for Progress.

The Arc advocates for and serves people wit­­h intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of nearly 600 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

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Disability Rights Advocates to Meet With CDC Director Following GMA Appearance; Nearly 150 Disability Organizations Release Policy Demand Letter Ahead of Meeting

Washington, D.C. – On Friday, January 7, CDC Director Dr. Rochelle Walensky, in an interview with Good Morning America, commented on the results of a research study. Director Walensky remarked that a disproportionate number of deaths due to COVID-19 in the study population occurred among those with four or more comorbidities, calling those patients “people who were unwell to begin with” and these results as “encouraging news”. The disability community, who represent those with four or more comorbidities who died in the study, responded in turn. The hashtag #MyDisabledLifeIsWorthy, started by writer and activist Imani Barbarin, was a top trend on Twitter over the weekend. 

As a result of the controversy, representatives from numerous disability organizations requested a meeting with the CDC Director. Tomorrow, Friday, January 14, several will meet with CDC Director Rochelle Walensky to express their frustration with both the comment and how the CDC’s pandemic response has harmed and often left out the disability community. The following organizations and individual advocates will be represented: The American Association of People with Disabilities (AAPD), The Arc of the United States, The Autistic Self Advocacy Network (ASAN), Be A Hero, The Disability Justice Initiative at the Center for American Progress, Disability Rights Education & Defense Fund (DREDF), Little Lobbyists, and Matthew Cortland, Senior Fellow, Data for Progress. 

Ahead of the meeting, advocates sent a letter to the CDC Director from nearly 150  disability-focused organizations from around the country, representing tens of millions of disabled Americans from every state and territory. The letter, which can be read in full here, reads: 

“The disability community’s faith in the government agencies responding to the pandemic has taken hit after hit with repeated policy choices that devalue disabled lives. For every step in the right direction, there have been steps backwards or actions delayed. It is necessary for the public health of our nation that the CDC and other agencies responding to the pandemic take immediate, concrete policy steps to rebuild that trust, protect disabled and high-risk people, and enact an equitable vision of pandemic recovery that centers on those communities most at risk and begins to shift long-standing systemic inequities.” 

To rebuild the disability community’s trust in the CDC, the letter details several important policy demands and outlines three key requests:  

1) Commit to regular ongoing meetings and consultation with disability stakeholders and CDC Leadership; 

2) Base isolation guidance in public health evidence and data with an understanding of the impacts on those most at risk; and 

3) Center people with disabilities–and other communities disproportionately impacted by COVID-19–by ensuring that all CDC COVID-19 guidance is inclusive of the needs of people with disabilities. 

Finally, the groups are requesting a public apology from Director Walensky to disabled, immunocompromised, and high-risk Americans, as well as an affirmation of the CDC’s commitment to ensuring their pandemic response sufficiently centers the needs of these communities. More than 30 million Americans live with 5 or more chronic conditions, according to the Rand Corporation

The representatives in this meeting take extremely seriously their responsibility to people with disabilities, who are feeling scared and forgotten as the United States enters its third year of the COVID-19 pandemic. Accordingly, written statements from the organizations will be shared following tomorrow’s meeting. A press call will also take place at 4:30pm ET, on Friday, January 14, roughly one hour after the meeting. If you are a member of the media and would like to register for the call, please email Jess Davidson, AAPD Communications Director, at jdavidson@aapd.com

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Comcast NBCUniversal and The Arc Collaborate to Make Life-Changing Impact With Digital Skills Efforts for People With Disabilities

For people with intellectual and developmental disabilities (IDD), digital access and skills are a critical component of gaining independence. In 2021, The Arc and Comcast NBCUniversal once again teamed up to open digital doors for and with people with IDD.

The Arc and Comcast NBCUniversal have a long-standing partnership to do this work – in 2020, the corporation renewed its support with $400,000 for our Tech Coaching Centers and to buoy chapters that have been negatively impacted by the COVID-19 pandemic. The Arc’s national network of nearly 600 chapters provides vital resources and services to individuals with IDD and their families to promote greater independence and opportunity in the community. Through this partnership, since 2017, more than 2,160 clients have received basic digital skills training at 19 sites around the country.

This year, the needs were dire, and the impacts of this tech expertise spanned many aspects of life, including vital health support, access to education and employment opportunities, and a remedy for ongoing isolation in the pandemic.

“For years, our partnership with Comcast NBCUniversal has laser-focused on how technology can improve the lives of people with disabilities. What stands out this year is the stark, life-changing impact of this work. We have all experienced challenges since the start of the pandemic, but for many people with disabilities, the disruption to their lives could have been catastrophic. Our chapters supported people to withstand this storm, and gain new skills and grow,” said Peter Berns, CEO, The Arc.

Here is a sample of how this program impacted the lives of people with disabilities across the country.

Improving Health

Candy, The Noble Arc of Greater Indianapolis (Indiana)

Recently, Candy has begun experiencing the early stages of Alzheimer’s disease. When Candy becomes frustrated with lapses in memory, her tech coach reminds her to visit the computer lab. There, they work together on pulling up websites where she can listen to her favorite country songs. With Candy taking the lead as much as possible and a tech coach providing support, Candy logs onto YouTube and chooses her music. Music activates a different part of the brain than the areas impacted by memory loss, so Candy can remember the lyrics and sing along with all her favorite artists. Sometimes all she needs is 20 minutes of relaxing to her favorite songs to reset her day.

Cesar, The Arc of Weld County (Colorado)

In a previous job as Office Assistant years ago, Cesar demonstrated his aptitude and interest in computer work. In fact, many of his electronic forms are still used at the organization today. This year, Cesar received a Chromebook from the chapter and his tech abilities improved even more, allowing him to participate in many virtual engagement opportunities. In particular, Cesar has benefitted from telehealth. At times, Cesar experiences significant anxiety when preparing to travel via bus to medical appointments. In a tech coaching session, he learned how telehealth could ease his apprehension and maximize his self-care and health management. A bonus from this session was Cesar met a new friend who shared that she would be delighted to support Cesar when he needed to travel to an appointment. Cesar’s connections are growing online and offline, leading to overall improved health and outlook.

Remedying Isolation in the COVID-19 Pandemic

Joseph, The Arc of Lane County (Oregon)

Joseph is very social. Before the pandemic, he would spend his days visiting with friends and volunteering at a local food pantry. With no social media, technology, or even internet, he was extremely sad when in-person programming shut down. With tech coaching, Joseph was able to acquire a tablet, create a Facebook account and send messages to people he has missed over the last year and a half. He quickly reconnected with about 50 friends! Joseph has also learned how to use a transportation app to find bus routes to places he wants to visit. He is now able to communicate with some of his favorite people and cherishes this newfound social outlet.

Wesley, New Star Services (Illinois)

Wesley wanted to learn how to use an iPad, specifically to learn how to use Zoom to have meet ups where he could see his friends. Through four in-person sessions, he learned how to access Zoom on the iPad, begin and end the session, and adjust the volume as needed. Gaining the ability to connect with friends and family, especially during this time, is important to help combat feelings of isolation and support mental health. Wesley is able to virtually connect with the people who are an important part of his life.

Accessing Education and Employment Opportunities

Mari, The Arc of Lane County (Oregon)

Mari wants to get her GED and go to cosmetology school. She had tried taking the GED prep classes at community college but was often unable to attend due to a lack of transportation. Although her home has Wi-Fi, she had nothing more than a gaming console. Now, she has purchased a laptop and works on educational modules at her convenience from home. With the support of a tech coach, she has learned to utilize Google Docs to write essays, Grammarly to help her with spelling, punctuation, and grammar, and Khan Academy to work through academic education modules. She is also using other websites to practice her reading and writing skills. Mari is now enjoying the learning process and is feeling more independent and confident as she works at her own pace toward her educational goal.

Samantha, The Arc of Southern Maryland

At the beginning of 2021, a clerical position at the chapter opened, and Samantha saw the opportunity to learn more skills and take on more hours and responsibilities. She trained diligently until she was comfortable with the computer program necessary to do this job. Samantha knows she is making an impact, sharing “I like being able to help employees.” Her boss says, “She is a great resource to the department.”

“When we provide access to digital skills training, we create opportunities and pathways to independence that can be life-changing, especially for those living with disabilities,” said Dalila Wilson-Scott, Executive Vice President and Chief Diversity Officer of Comcast Corporation. “Partnerships like the one we’re proud to share with The Arc – and as a result, the many lives we’re able to help impact – are at the heart of what drives us each and every day at Comcast. We’re so very honored to continue to grow our work together and help enrich even more lives.”

Comcast NBCUniversal’s partnership with The Arc is part of Project UP, the company’s comprehensive effort to address digital inequities and help build a future of unlimited possibilities. Backed by a $1 billion commitment to reach 50 million people, Project UP is focused on connecting people to the Internet, advancing economic mobility, and opening doors for the next generation of innovators, entrepreneurs, storytellers, and creators.

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Federal Court Allows Lawsuit Challenging Georgia’s Voter Suppression Law to Proceed

WASHINGTON, DC —Today, a federal court denied the three motions to dismiss litigation filed by The Arc and others challenging Georgia’s anti-voter law S.B. 202, allowing the case, Sixth District of the African Methodist Episcopal Church, et al. v. Kemp, et al. to proceed.

The Arc is counsel and a plaintiff in the litigation along with plaintiffs the Georgia Muslim Voter Project, Women Watch Afrika, Latino Community Fund Georgia, and co-counsel with the NAACP Legal Defense and Educational Fund, Inc., American Civil Liberties Union (ACLU), ACLU of Georgia, and law firms Davis, Wright, Tremaine and WilmerHale.

“We are pleased that the Court has denied the motions to dismiss, allowing this case to move forward. Voter suppression is a disability rights issue. People with disabilities have the fundamental right to vote and participate in our democracy, but this right has too often been denied. S.B. 202 disenfranchises voters with disabilities and denies them equal access to voting in violation of federal disability rights laws,” said Shira Wakschlag, Senior Director, Legal Advocacy & General Counsel at The Arc.

The Arc advocates for and serves people wit­­h intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of 600 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

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CDC Announces Rise in Autism Rates Among Children, as Leading Scientists and Clinicians Call for New Approach to Understanding Autism – Focused on Toxic Chemicals and Genetics

Washington, D.C. – The Centers for Disease Control announced that autism rates are once again rising among children. The new data says 1 in 44 children in the U.S. is on the autism spectrum, or 2.3% of children. The CDC made the announcement Thursday.

In a commentary published this week in Pediatrics, a group of epidemiologists, toxicologists, and physicians with decades of expertise in research, public health, and clinical practice says the interaction of toxic chemicals with genetic susceptibilities is a major contributor to autism spectrum disorder (ASD). The experts, members of Project TENDR, urge a national shift in research, funding, and regulation toward protecting children’s developing brains from harmful exposures.

Heather Volk, PhD, associate professor at the Johns Hopkins Bloomberg School of Public Health and lead author says: “Mounting evidence tells us the key to understanding autism is to examine toxic chemicals and pollutants in combination with genetics. Typically, researchers look at genetics separately from environmental factors. But the greatest risks for autism and its related impairments may result from gene-environment interactions.”

Deborah Hirtz, MD, pediatric neurologist and professor at University of Vermont Medical Center and co-author notes, “My practice sees children who are on the spectrum and their parents. To make a real difference moving forward, we need to focus our efforts where the science is clearly pointing – toward preventing toxic exposures that may do lasting harm to children’s brains.”

The commentary outlines three starting points for action based on growing scientific evidence:

  • Air pollution exposures during pregnancy and early infancy, resulting from fossil fuel combustion and at levels typically found in large cities, have been associated with ASD in multiple studies.
  • Children exposed prenatally to certain pesticides (“organophosphates”) appear more likely to develop ASD.
  • Emerging evidence indicates prenatal exposures to phthalates– ubiquitous endocrine-disrupting chemicals used in plastics, food processing and packaging, and personal care products – are associated with ASD.

Likewise, some environmental factors can reduce the probability of ASD.  Folic acid around the time of conception may protect the developing brain from toxic chemicals. Exposures to air pollutants, pesticides, and phthalates appear to be more strongly related to ASD in children of women who did not take folic acid or needed higher levels of folate during pregnancy.

Irva Hertz-Picciotto, PhD, professor at UC Davis and co-author, states, “We need far more research studying how environmental exposures are altering brain development, and identifying those that are more potent in combination with underlying susceptibilities.”

“From what we’ve already learned, we know what is necessary to protect pregnant women and children: regulation to prevent exposures to neurotoxic pesticides and phthalates, and to quickly achieve further reductions in air pollution from fossil fuels, starting with communities most highly impacted.”

Project TENDR is a collaboration of leading scientists, health professionals, and advocates working to protect children’s brains from toxic chemicals and pollutants. Project TENDR is a program of The Arc, the largest national organization advocating for and with people with intellectual and developmental disabilities, and serving them and their families.

Heather Volk, PhD, is an associate professor, Dept. of Mental Health, and Dept. of Environmental Health and Engineering at Johns Hopkins University Bloomberg School of Public Health. Dr. Volk is Associate Director of Johns Hopkins’ Wendy Klag Center for Autism and Developmental Disabilities and co-Director of the Intellectual and Developmental Disabilities Research Center (IDDRC) at the Kennedy Krieger Institute. Her research seeks to identify factors that relate to the risk and progression of neurodevelopmental disorders. Dr. Volk has particular expertise in how air pollution exposures combined with other factors, including genetics, impact autism risk.

Deborah Hirtz, MD, is a pediatric neurologist and attending physician at the University of Vermont Children’s Hospital, and a professor of neurology and pediatrics at the University of Vermont College of Medicine. Prior to her tenure at U. of Vermont, Dr. Hirtz was a director of clinical trials for the Office of Clinical Research at the National Institute of Neurological Disorders and Strokes (NINDS) of the National Institutes of Health (NIH). Her work as a clinician and scientist has had a profound impact on child neurology, neuroscience, and children’s health and welfare.

Irva Hertz-Picciotto, MPH, PhD, is Professor of the Department of Public Health Sciences and Director of the NIH-funded Environmental Health Sciences Center at UC Davis, representing over a dozen disciplines. A renowned epidemiologist, her 300+ publications have examined environmental chemicals, social factors, and gene-environment interaction associated with pregnancy and child development, and most recently, health effects of climate change. For the last 17 years, Dr. Hertz-Picciotto has directed a research program on Environmental Epidemiology of Autism and Neurodevelopment, which has shaped the field by generating seminal results linking autism to an array of risk and protective factors.

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House of Representatives Passes Historic Disability Funding Through Build Back Better Plan

“We need the Senate to understand all that is on the line”

Today, the U.S. House of Representatives passed President Biden’s Build Back Better plan, bringing us one important step closer to making significant investments in our country, in the lives of people with disabilities and their families, and the direct support workforce. The reality is change can’t come soon enough for millions of people.

The proposal includes $150 billion for Medicaid home and community-based services, or HCBS, which provide the support people with disabilities need to be a part of their community, and better pay for the workers who support them.

“This plan is major progress in our country doing what we know is right: putting vital dollars behind something that really should never come with a price tag – basic humanity. People with disabilities, families, and the direct support professionals who support them are struggling to persevere through the hardest of times while suffering in unprecedented ways. And the clock is ticking on how much more they can take,” said Peter Berns, Chief Executive Officer of The Arc.

For years, the service system that people with intellectual and development disabilities (IDD) and their families rely on, Medicaid, has been underfunded. Millions of adults and children all over the country are stuck on waiting lists for HCBS, the direct care workforce is underpaid and undervalued – the quality of services suffer, and too often, unpaid family caregivers are left to fill the gaps, struggling to balance work and family responsibilities.

Build Back Better expands access to services for people with disabilities on waiting lists and starts addressing the direct care workforce crisis, including raising wages and creating more jobs. We need this plan – and more, and we urge the Senate to move swiftly and further humanize this deal, by adding more funding for HCBS.

Congress has heard the outcry from across the country on the need for paid leave, and included a national program so no one has to choose between taking care of themselves or a family member, and their paycheck. The Arc has long advocated for a national paid leave program for family caregivers. The pandemic forced millions of people to choose between their own health, the well-being of their families, and their livelihood.

“Taking time off to care for the people we love should not be so hard. The pandemic has only underscored the urgency of implementing a national paid leave policy, and so the time is now to do the right thing for all caregivers,” said Berns.

The Arc is also pleased that the proposal includes:

  • The expansion of the Supplemental Security Income (SSI) program to over 3 million people with disabilities living in U.S. territories
  • The extension of improvements to the Child Tax Credit for one year and permanent expansion of the credit to the lowest income families
  • The expanded Affordable Care Act premium tax credits through 2025
  • The extension of improvements to the Earned Income Tax Credit for low-wage workers with disabilities.

“We need the Senate to understand all that is on the line. The futures of people with disabilities, families, and this critical workforce depends on this moment,” said Berns.

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The Arc Celebrates CVS Health Commitment With Disability Leaders to Affordable and Equitable Access to Health Care

Yesterday, CVS Health announced the withdrawal of its appeal before the Supreme Court that sought to limit the scope of civil rights protections for people with disabilities under federal law. In collaboration with leaders of a number of national disability organizations, CVS Health will seek policy solutions to protect equitable access to health care for all Americans. We celebrate this victory for the disability rights community.

“Disability rights laws were enacted to provide comprehensive protections against discrimination—including unintentional conduct with discriminatory effects—and to ensure people with disabilities have meaningful access to public life. We are pleased that CVS Health came to the table with the disability community, listened, and acted to ensure the rights of people with disabilities continue to be enforced to the full extent of the law as they were intended,” said Shira Wakschlag, Senior Director of Legal Advocacy and General Counsel at The Arc.

The Arc was part of a large coalition of disability and civil rights organizations that filed an amicus brief in CVS V. Doe arguing that long-standing Supreme Court precedent makes clear that much discrimination against people with disabilities comes from “benign neglect” or thoughtlessness — and that removing the ability to get relief from such discrimination would undermine the purpose and history of Section 504 of the Rehabilitation Act. Along with a number of other organizations, The Arc also sent a letter to the CVS Board of Directors calling on the company to drop its Supreme Court appeal.

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Disability Rights Groups Urge Supreme Court to Uphold Protections Against Disability Discrimination

Disability rights organizations filed friend-of-the-court briefs today urging the Supreme Court to uphold disability rights by rejecting CVS’s attempt to dismantle non-discrimination protections under Section 504 of the Rehabilitation Act.

The case, CVS v. Doe, involves a CVS-managed prescription drug plan that requires people who need “specialty medications” to receive them by mail, instead of at their local pharmacy. Five individuals living with HIV sued over the requirement, arguing that it effectively prevents them from receiving adequate care for their condition and represents discrimination based on their disability.

CVS is arguing in the case that Section 504 of the Rehabilitation Act does not protect against claims of “disparate impact,” or when neutral policies or practices have disproportionate impacts on a protected class, in this case people with disabilities.

In one of the amicus briefs filed today by 17 disability and civil rights organizations, including the American Civil Liberties Union, the American Association of People with Disabilities, The Arc of the United States, the Civil Rights Education and Enforcement Center, Public Justice, and the Disability Rights Education & Defense Fund, the groups argue that long-standing Supreme Court precedent makes clear that most discrimination against people with disabilities comes from “benign neglect” or thoughtlessness — and that removing the ability to get relief from such discrimination would undermine the entire purpose and history of Section 504. The court explained in Alexander v. Choate that congressional intent would be decimated if Section 504 were interpreted to require intent to discriminate.

In the other amicus brief, filed by the Paralyzed Veterans of America, Bazelon Center for Mental Health Law, National Disability Rights Network, and eight other disability rights organizations, the brief argues that the Supreme Court should not decide the issue of whether disparate impact claims are permitted under Section 504 in this case because the claims brought are, at their core, claims concerning differential treatment and failure to make reasonable accommodations rather than disparate impact claims.

“People with disabilities continue to experience widespread discrimination in all areas of life. Congress passed federal disability rights laws to ensure people with disabilities have comprehensive protections to be included in society and have meaningful access to public life. The disability community has fought hard for these rights over the course of decades and we will continue fighting to ensure the broad protections intended by Congress are not undermined,” said Shira Wakschlag, Senior Director of Legal Advocacy and General Counsel at The Arc of the U.S.

“CVS’s position is not just wrong on the law, it’s dangerous. Disparate impact claims are the backbone of disability rights litigation. If the Supreme Court agrees with CVS, disability rights could be set back decades,” said Susan Mizner, director of the ACLU Disability Rights Program. “CVS cannot in good faith say it supports people with disabilities while simultaneously urging the Supreme Court to gut disability rights. The company should withdraw this case from the Supreme Court docket.”

“The Section 504 regulations were finalized in 1977 after years of serious negotiation between the disability community and government and business representatives,” said DREDF board member Judith Heumann, a leader of the disability rights movement who is featured in the 2020 documentary Crip Camp. “We knew that we had to cover neutral policies — we are so often excluded that way. So that’s what we did. It was foundational.” Heumann was a key witness during the hearings leading up to the Americans with Disabilities Act, and testified about her many experiences with discrimination based on paternalism, restrictive criteria, and stereotypes that were couched in neutral terms.

“The protections of the Rehabilitation Act have existed for almost 50 years. Disabled people rely on the protections within the Rehabilitation Act and section 1557 of the Affordable Care Act to assert our right to demand accountability and recourse when we experience discrimination,” said Maria Town, President and CEO of the American Association of People with Disabilities. Despite the progress spurred by both disability community advocacy and the presence of these civil rights laws, discrimination is still a daily occurrence for most disabled people. If the Supreme Court sides with CVS, people with disabilities will lose one of the primary avenues we have to defend our rights and seek justice.”

The Rehabilitation Act was passed in 1973, and alongside the Americans with Disabilities Act, established safeguards against disability discrimination. As a result of these laws, society has become increasingly accessible for people with disabilities. Before the Rehabilitation Act, people with disabilities had no resource to challenge discriminatory practices. A decision in favor of CVS would eviscerate the ability to challenge policies and practices that have a disproportionate impact on people with disabilities.

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Project TENDR Researchers Applaud CDC Action to Protect More Children From Neurotoxic Exposures and Anticipate Sweeping National Change

The Centers for Disease Control and Prevention (CDC) today issued a new value for the level of lead in children’s blood considered to be elevated, tightening the standard from 5 micrograms/deciliter to 3.5 micrograms/deciliter. The CDC announcement coincided with the Biden Administration’s release of a government-wide plan for preventing lead exposure in children, focused on protecting those most at risk.

More than half of U.S. children have detectable lead levels, with children in poverty and Black children more likely to suffer higher lead levels. Black children living below the poverty line have higher blood lead levels than White or Hispanic children living below the poverty line. In 2012, the National Toxicology Program found lasting effects on children’s academic achievement, IQ, attention, and behavior at lead levels below 5 ug/dL. No level of lead is safe in children, according to the CDC.

In August 2021, more than 40 scientists, health professionals, and advocates as part of Project TENDR (Targeting Environmental Neuro-Development Risks) sent a letter urging CDC to revise the children’s blood lead level without further delay. In 2017, Project TENDR experts published recommendations in JAMA Pediatrics for establishing and achieving national goals to eliminate childhood lead exposure, which were then adopted as policy by the American Medical Association.

Dr. David Bellinger, with Project TENDR and a neuropsychologist and epidemiologist at Boston Children’s Hospital and Harvard University, has researched low-level effects of lead on children’s brains for decades. Bellinger states, “Exposure to any amount of lead threatens the developing brain. The new CDC standard should catalyze a sweeping nationwide effort to identify and eliminate all sources of lead affecting children – from aviation gas to housing, from baby food to water pipes.”

Dr. Mark Mitchell with Project TENDR is an expert on environmental health justice at George Mason University and co-chairs environmental health efforts for the National Medical Association. Dr. Mitchell said, “Every agency must leverage the CDC’s revised lead standard toward protecting the children most at risk of harm – those living in poverty and Black children. These exposures are preventable and should not be tolerated in a just society.”

 

Project TENDR is a collaboration of leading scientists, health professionals, and advocates protecting children’s brains from toxic chemicals and pollutants. Project TENDR is a program of The Arc, the largest national organization advocating for and with people with intellectual and developmental disabilities, and serving them and their families.

 

A woman in a motorized chair plays with a small dog on a grassy field in front of a community of houses

New Budget Framework Provides Historic Investment in the Disability Services System

Today, President Biden announced the Build Back Better budget framework that would make significant investments in our nation, people with disabilities, their families, and the direct support workforce. This new deal includes $150 billion for Medicaid home and community-based services, or HCBS, which provide the support people with disabilities need to be a part of their community, and better pay for the workers that support them.

For years, the service system that people with intellectual and development disabilities (IDD) and their families rely on, Medicaid, has needed an investment. People are stuck on waiting lists for HCBS, the direct care workforce is underpaid, and too often, unpaid family caregivers are filling in the gaps.

“This proposal is a huge down payment on investing in the futures of people with disabilities and their families. It will expand access to services for people with disabilities on waiting lists and start addressing the direct care workforce crisis, including raising wages and creating more jobs. Without a robust and well paid workforce, the promise of services in the community falls apart – so it was urgent that the direct support workforce be bolstered in this deal,” said Peter Berns, CEO, The Arc.

While the investment in HCBS is major, and includes long fought for funding, even with the most robust investment in these services, families still need paid leave. The Arc has long advocated for a national paid leave program for family caregivers. The pandemic forced millions of people to choose between their own health, the health of their families, and their livelihood. As the BBB package moves forward, The Arc urges Congress to include paid leave as the package moves through the House and Senate.

“We have always known because of the many stories from our network, but the pandemic highlighted for everyone how crucial paid leave is for people with disabilities and their families. Leaving out paid leave is unacceptable, and Congress should include paid leave in this package,” said Berns.

The Arc is also pleased that the framework includes:

  • The extension of improvement to the Child Tax Credit for one year and permanent expansion of the credit to the lowest income families;
  • The expanded Affordable Care Act premium tax credits through 2025; and
  • The extension of improvements to the Earned Income Tax Credit for low-wage workers with disabilities.

“We urge Congress to act quickly on this plan, add more funding for HCBS as negotiations continue, and fulfill the promise on paid leave. Change can’t come soon enough for millions of people with disabilities and their families,” said Berns.