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Policy Round-Up: SSA Disability Evaluations, Labor Funding Opportunity, Long COVID Definition, and More

July 2, 2024
Elliot Kennedy, Deputy Administrator for Policy and Evaluation

In this policy round-up:

  • Social Security to simplify disability evaluation process
  • Input needed: Development of the Federal Evidence Agenda on Disability Equity
  • DOL funding opportunity to improve job quality in critical industries, including long-term care
  • NASEM releases report with new Long COVID definition
  • DOJ publishes compliance guide for small government entities on accessibility of web content and mobile apps
  • CMS FAQs on Medicaid and CHIP coverage of peer support services
  • CMS announces recipients of school-based services grants
  • New CDC guidance on preventing the spread of infections in schools

Social Security to Simplify Disability Evaluation Process

The Social Security Administration (SSA) has two programs it administers to help people with disabilities who are unable to work meet their basic needs: the Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) program.

The SSA recently released a final rulethat will simplify its process to determine if someone meets the requirements for SSDI or SSI. Under that rule the agency will review only five years of past work when determining past relevant work, rather than 15 years. The agency will also no longer consider past work that started and stopped in fewer than 30 calendar days. These changes will make the process less burdensome for applicants. The change took effect on June 22, 2024.

Input needed: Development of the Federal Evidence Agenda on Disability Equity

The White House Office of Science and Technology Policy (OSTP) is seeking public commentto help inform the development of the Federal Evidence Agenda on Disability Equity. The goal of the agenda is to improve the federal government's ability to make data-informed policy decisions that advance equity for people with disabilities, so it is especially important to get input from the disability community to inform its development.

OSTP is particularly interested in input on topics including:

  • Disparities faced by individuals with disabilities that are not well-understood through existing federal statistics and data collection.
  • The types of community-based or non-federal statistics or data collections that could help inform the creation of the agenda.
  • Data collections and public access, including barriers to participation for people with disabilities, how to define and measure disability, and more.
  • Privacy and security concerns.
  • Considerations that should be kept in mind when determining promising practices for administrative data used to enforce civil rights protections, such as in employment, credit applications, healthcare settings, or education settings.

Comments can be submitted onlineuntil July 15, 2024.

DOL Funding Opportunity to Improve Job Quality in Critical Industries, Including Long-Term Care

The Department of Labor announced $12 million in fundingas part of its Critical Sectors Job Quality funding opportunity to improve job quality and increase the availability of good jobs in critical industries, including an emphasis on training provided for jobs in the care economy such as home care, elder care, and childcare.

This funding opportunity responds to the increased demand for workers in industries essential to a revitalized economy who have historically been in low-wage jobs with fewer benefits, less worker protections, and greater instability. Funding is available for both short-term capacity-building planning grants and longer-term implementation grants.

Applications must be submitted electronicallyno later than 11:59 pm ET on July 15, 2024.

NASEM Releases Report With New Long COVID Definition

A new reportfrom The National Academies of Sciences, Engineering, and Medicine (NASEM) says the federal government, state, and local authorities, clinicians, medical societies and organizations, public health practitioners, employers, educators, and others should adopt a new definition for Long COVID.

The report defines Long COVID as an infection-associated chronic condition that occurs after COVID-19 infection and is present for at least three months as a continuous, relapsing and remitting, or progressive disease state that affects one or more organ system.

Many patients experience difficulty accessing medical care or obtaining support, skepticism and dismissal of their experiences, delayed or denied treatment, and social stigma. A consensus definition could promote consistency in Long COVID research and surveillance as well as diagnosis, aid awareness efforts, and help patients access appropriate care, services, and benefits.

The report notes that the definition of Long COVID will evolve as new evidence emerges and we begin to understand more about Long COVID and recommends that the definition be reexamined and updated in no more than three years by a multi-disciplinary group, including individuals with lived experience.

NASEM also released some additional resources alongside the report:

NASEM also recently released a reportexamining Long COVID diagnosis, risk, symptoms, and functional impact.

DOJ Publishes Compliance Guide for Small Government Entities on Accessibility of Web Content and Mobile Apps

The Department of Justice (DOJ) published a guideto help people who work for or with small state and local governments understand requirements for making sure their government’s web content and mobile applications (apps) are accessible.

DOJ recently updated its regulations for Title II of the Americans with Disabilities Act (ADA). The final rule has specific requirements for making sure that web content and mobile apps are accessible to people with disabilities and this new guide explains what those requirements mean for people working for or with small state and local governments.

Small state and local governments have until April 26, 2027, to make sure that their web content and mobile apps meet the requirements in the rule. The specific technical standard that state or local governments must follow to meet their obligations under Title II of the ADA for web and mobile app accessibility is WCAG 2.1, Level AA. WCAG, the Web Content Accessibility Guidelines,is a set of guidelines that say what is needed for web accessibility, such as requirements for video captions.

Some materials will not need to meet the new requirements. Those include:

  • Archived web content
  • Preexisting conventional electronic documents
  • Content posted by a third party where the third party is not posting due to contractual, licensing, or other arrangements with a state or local government
  • Individualized documents that are password-protected
  • Preexisting social media posts

State or local governments may use conforming alternate versions as an alternative to inaccessible content only in very limited circumstances. This is only allowed when there is a technical or legal limitation that prevents inaccessible web content or mobile apps from being made accessible.

CMS FAQs on Medicaid and CHIP Coverage of Peer Support Services

The Centers for Medicare & Medicaid Services (CMS) released Frequently Asked Questions (FAQs)on Medicaid and the Children's Health Insurance Program (CHIP) coverage of peer support services that clarifies previously established policy.

CMS strongly encourages states to expand availability and utilization of peer support services to serve adults, youth, and families who experience mental health conditions and/or substance use disorders, including by allowing coverage of peer support services in emergency room and inpatient settings. CMS also encourages states to ensure that payment rates for peer support services are sufficient to support a living wage for peer support providers.

  • The FAQs cover topics including:
  • Steps state Medicaid agencies need to take and requirements they need to meet to establish Medicaid coverage of peer support services.
  • Required qualifications for individuals providing peer support services.
  • Who can supervise peer support providers.
  • What types of peer support providers can be covered.
  • Whether peer support services for children can be covered.

CMS Announces Recipients of School-Based Services Grants

CMS recently announced the 18 statesthat will receive Implementation, Enhancement, and Expansion of Medicaid and the Children’s Health Insurance Program School-Based Services grants. Medicaid is the single largest insurer of children in the United States, and this funding will help states implement, support, or enhance their efforts to connect children to critical health care services, especially mental health services, at school.

CMS’ school-based services (SBS) technical assistance center has also released two additional resources to help states implement school-based services:

New CDC Guidance on Preventing the Spread of Infections in Schools

The Centers for Disease Control and Prevention (CDC) released guidancefor preventing the spread of infections in schools that includes actions that schools can take to prevent and control the spread of respiratory and stomach viruses and illnesses, such as influenza, COVID-19, and norovirus, and bacterial illness like strep throat.

The guidance is designed to maximize school attendance while also preventing the spread of illnesses. It includes strategies to prevent the spread of infection as well as strategies for when staff and students do become ill. Importantly, it emphasizes that schools must provide reasonable modifications or reasonable accommodations, when necessary, to ensure equal access to in-person learning for students with disabilities when the community is in periods of increased infectious illness activity.

The guidance also notes that during periods when schools need to implement increased distancing and cohorting, students with immunocompromising conditions or other underlying medical conditions or disabilities that increase risk of getting very sick should not be placed into separate classrooms or otherwise segregated from other students.


Last modified on 07/03/2024


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