1. Department of Energy leads new attack on Section 504 Over the past several weeks, the Department of Energy has been working to weaken Section 504, a statute that protects disabled people’s right to enter and be accommodated in any spaces that receive federal funding, including government buildings, public schools, hospitals that accept Medicaid, and more.
The change seeks to allow various entities to decide whether or not they want to include accessibility and accommodations for disabled people based on whether they are “efficient.”
The language is vague about the breadth of spaces that would be affected or what precedent it would set for 504/ADA enforcement.
Public comment is open until June 16. Templates are available at the link above.
2. Hospitals Warn Medicaid Cuts Will Devastate Rural Facilities Republicans continue to work on a budget bill that seeks to cut $785 billion from Medicaid programs across the next decade.
Rural doctors and hospitals, especially in GOP-leaning populations in the middle of the country, will be disproportionally affected, as those populations tend to rely more heavily on Medicaid programs.
This, alongside recent private equity takeovers of hospitals to flip them for profit, is creating healthcare deserts, where people may face extremely long wait times and/or travel for hours to reach emergency care.
3. RFK Jr. Dismisses Entire Sitting Panel of CDC Vaccine Panel
RFK Jr. dismissed the entirety of the CDC’s vaccine advisory panel, which previously had 17 members.
Later in the week he announced 8 people to serve as their replacements. At least two have been very vocal against COVID mitigation measures, like masking, as well as vaccines.
It is another of RFK’s many attacks on vaccine science since taking power at HHS, coinciding with the large sums of money he receives from antivax lobbyists.
Healthcare providers and advocates are concerned that changes to vaccine recommendations will affect access, especially since health insurance companies use the panels to make decisions on what they will pay for.
4. Antivax and Ableist Approaches to Autism Allow Conspiracy Cures to Gain Traction, Poison Children. The platforming of vaccine and autism-focused misinformation, and the removal of some misinformation safeguards by Google/YouTube, has led to an uptick in dangerous health conspiracies and grifts.
One such group is the “bleach community” who attempts to “cure” autistic children by forcing them to ingest bleach.
Poisoning children with bleach doesn’t make them less autistic. However, it can cause seizures, internal chemical burns, vomiting blood, and death. Platforming and both sides-ing nonscience has consequences.
5. ASHA Moves to End DEI and Cultural Competency Certification Standards ASHA announced this week that they seek to strike language like “cultural humility; diversity, equity and inclusion; culturally and linguistically diverse; cultural responsiveness; equity in care”
They claim funding concerns due to federal mandates, but they are privately funded by member dues
ASHA is already a contentious organization. For SLPs and Audiologists, forgoing a supposedly “voluntary” membership can affect licensure in some states. Patients have been harmed by a long history of ableism, including shutting out D/HH and signing professionals, and indecision on dXs like CAPD leaving patients without care (due to no billable insurance codes)
6. Good News: SCOTUS Ruling Makes ADA Complaints Easier in School Settings The unanimous ruling in AJT vs. Osseo Area Schools reifies the ADA is enforceable in public schools, and that students and families do not have to prove “bad faith” or “gross negligence” in order to file a complaint.
Instead, schools will be held to the same legal standard as in other ADA-related cases: “deliberate indifference.” This is a big win for disability rights advocacy, especially in a time when legal oversight for IDEA, the law governing special education, is nearly eradicated by DoEd layoffs.
DOJ oversight will be critical for enforcement of this new ruling, concerning as that department has already sought to weaken ADA guidance in recent weeks.
7. Good News: Florida will Teach Disability History in K-12 Schools A new law in Florida mandates that the first two weeks in October will include curriculum on disability awareness and history.
How the law will be implemented and the curriculum developed are still in their early stages.
Some FL advocates have expressed concerns about the vague language of the law, as well as the way it siloes studies of specific disabilities into different grade levels; however, most generally agree it is a good first step in a state that is often hostile toward diversifying curricula.
8. Hickson vs. St David’s Healthcare Partnership threatens ADA/504 in healthcare settings Michael Hickson, a 46-year-old disabled Black man died in Texas in June 2020 after contracting Covid and being denied ventilator care and other ICU services. At the time, Texas and 24 other states had policies about rationing care that explicitly discriminated against disabled people. This is one of the things Final Rule updates seek to rectify.
The case is currently before the Fifth Circuit Court of Appeals, a conservative court. If they rule in favor of the hospital, it would set a precedent that guts disabled people’s ability to file medical facility-related discrimination claims under the ADA or Section 504.
Action Items:
Share this info! Disability is often lost in mainstream coverage.
Call your Senator and tell them to vote NO on this dangerous budget. Choose 1 or 2 programs important to you–Medicaid, gender-affirming care, SNAP, IDEA, etc.–and mention them by name.
Leave a comment with the Dept. Of Energy speaking against their proposed changes to 504 enforcement. Templates available here.
If your state is involved, ask your Attorney General to withdraw from Texas v. Kennedy. If able, donate to organizations like DREDF, ACLU, and NAD who are fighting various legal challenges, and ADAPT who routinely put their bodies on the line in activist work.
Consider how to move toward creative acts of mutual aid, and protest, including offline materials. Make flyers! Call out misinformation. Warn your neighbors in the presence of ICE. If able march, boycott, donate and/or volunteer with your local food pantry or library.