Americans with Disabilities Act (ADA)

On Tuesday, February 28th, CMS released the latest enrollment figures for Medicare, Medicaid, and CHIP. As of November 2022, over 65.3 million people are enrolled in Medicare; more than 35.1 million are enrolled in fee-for-service Medicare and over 30.2 have a Medicare Advantage plan. Over 91.7 million enrollees have Medicaid and CHIP; more than 84.8 million individuals have Medicaid and over 6.9 million have coverage through CHIP. Over 12 million individuals are dually eligible for Medicare and Medicaid and are counted in the enrollment figures for both programs.

The Council of State Governments, in collaboration with ODEP’s State Exchange on Employment & Disability, published a report designed to inform policymakers on “state as a model employer” policies and practices to recruit, hire and retain workers with disabilities. The report explores strategies states can use to promote diversity, equity, inclusion and accessibility principles within the public-sector workforce.

In this blog post, Jill Jacobs, Commissioner on Disabilities at ACL, reflects on Developmental Disabilites (DD) Awareness month by highlighting recent innovations in ACL's DD programs, and the Administration on Disabilities (AOD) goals for the year ahead. AOD's upcoming priorities include continuing to address the DSP workforce crisis, investing in projects to advance equity and reach people with disabilities at the intersections of identity, and continuing to support individuals with both DD and mental health diagnoses. The blog post also shares experiences with disability that the new Commissioner brings to her role.

The Equal Employment Opportunity Commission has added a new section to its COVID-19-related technical assistance to clarify when COVID-19 may be considered a disability and how this can impact employers, employees, and job applicants. The new section provides examples of when COVID-19 or disabilities arising from conditions that were caused or worsened by COVID-19, may meet the definition of disability under Title I of the Americans with Disabilities Act (ADA) or Section 501 of the Rehabilitation Act. It also addresses nondiscrimination protections provided to employees and job applicants under the ADA and the Rehabilitation Act.

As HHS commemorates the anniversary of the ADA, the Office of Behavioral Health, Disability, and Aging Policy (BHDAP) is working to advance data capacity to generate evidence to implement policies, programs, and practices that promote inclusion and participation of individuals with disabilities in society. This blog post introduces the BHDAP's project, Dataset on Intellectual and Developmental Disabilities, which builds data capacity for person-centered outcomes research for people with ID/DD.

CMS Office of Minority Health has added a new resource to their Improving Access to Care for People with Disabilities webpage. The resource, Modernizing Health Care to Improve Physical Accessibility: A Primer for Providers, is intended to help staff in health care settings improve quality, satisfaction, and physical accessibility for people with disabilities.

Dr. Anjali Forber-Pratt reflects on the impact of the Americans with Disabilities Act (ADA) in honor of its 31st anniversary. In this blog post, she writes about her experiences advocating for disability rights as a disabled woman, and how the ADA, along with her intersectional identity has impacted her life through high school, college, and into her career.

This new fact sheet highlights funding and flexibilities that help increase access to competitive integrated employment (CIE) for youth and adults with disabilities. These opportunities are provided through the work of multiple federal agencies providing services to individuals with disabilities, including ACL and CMS.

On June 22, 1999, the U.S. Supreme Court issued its ruling in Olmstead v L.C., delcaring that people with disabilities have a civil right under the Americans with Disabilities Act to live and fully participate in their communities. ACL's Acting Administrator and Assistant Secretary for Aging, Alison Barkoff, released a blog post on June 22, 2021 disucssing the significance of this ruling and the importance of expanding our HCBS system following the COVID-19 pandemic.

This document provides guidance to state policymakers on developing more inclusive telework policies and programs. It includes an overview of workplace protections under the Americans with Disabilities Act (ADA) pertaining to telework; details the components of state telework programs; and indicates how each component can be modified to better accommodate all employees. This brief also offers best practices states are using to advance inclusion in their telework programs.