HR 5689 · 114th Congress 2015โ€“2017, ended

Disability Integration Act of 2016

Latest action · Jul 22, 2016 Referred to the Subcommittee on the Constitution and Civil Justice.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJul 8, 2016
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Disability Integration Act of 2016

This bill prohibits states or local governments that provide institutional placements for individuals with disabilities who need long-term assistance with daily living activities or health-related tasks, and prohibits insurance providers that fund such long-term services, from denying community-based services that would enable such individuals, as an alternative to institutionalization, to live in the community and lead an independent life.

States, local governments, or insurance providers may not discriminate against such individuals in the provision of community-based services by: (1) imposing prohibited eligibility criteria, cost caps, waiting lists, or payment structures; (2) failing to provide a specific community-based service; or (3) requiring an individual to receive a service in a congregate or disability-specific setting.

Community-based services must be offered to individuals with such disabilities prior to institutionalization. Institutionalized individuals must be notified regularly of community-based alternatives.

States, local governments, and public insurance providers must assess: (1) transportation barriers that prevent individuals from receiving services in integrated settings, and (2) the availability of integrated employment opportunities.

The Department of Justice (DOJ) and the Department of Health and Human Services (HHS) must issue regulations requiring states, local governments, or insurance providers to offer community-based long-term services as an alternative to institutional placement. State and local governments, in conjunction with housing agencies, must ensure sufficient availability of affordable, accessible, and integrated housing that is not a disability-specific residential setting or a setting where services are tied to tenancy.

Such regulations must also require states and local governments to begin implementing a transition plan to achieve the requirements of this Act within 12 years after its enactment. For 10 years after issuance of the regulations, HHS must determine annually whether each state is complying with the transition plan. If a state is complying, HHS must increase by five percentage points the federal medical assistance percentage for a state requesting an increase for expenditures on home and community-based services furnished under the state Medicaid plan under title XIX (Medicaid) of the Social Security Act, or a waiver of such plan, that are identified as: (1) improvements to ensure accessibility or self-directed receipt of such services, (2) funding shifts from institutional settings to integrated community-based services, or (3) environmental modifications for housing targeted toward the lowest income individuals.

The bill provides for DOJ enforcement and allows civil actions by individuals subjected to, or about to be subjected to, a violation of this bill.

Cosponsors 32

Members who signed on, in the order they did. Signatures ran from Jul 13, 2016 to Dec 20, 2016.

SeatCosponsorSigned on
D-NYLouise McIntosh SlaughterJul 13, 2016
D-NYJose E. SerranoJul 14, 2016
D-TXBeto O'RourkeJul 25, 2016
R-WIF. James Sensenbrenner, Jr.Sep 6, 2016
D-NYGrace MengSep 6, 2016
D-MIJohn Conyers, Jr.Sep 6, 2016
D-NYPaul TonkoSep 6, 2016
D-INPeter J. ViscloskySep 6, 2016
D-ILTammy DuckworthSep 6, 2016
D-MNCollin C. PetersonSep 12, 2016
D-ILDanny K. DavisSep 12, 2016
D-MARichard E. NealSep 13, 2016
D-ILJanice D. SchakowskySep 15, 2016
D-COJared PolisSep 20, 2016
D-FLAlan GraysonSep 26, 2016
D-MIBrenda L. LawrenceSep 26, 2016
D-CTJoe CourtneySep 28, 2016
D-VTPeter WelchSep 28, 2016
D-GAJohn LewisNov 14, 2016
D-ORPeter A. DeFazioNov 14, 2016
D-PARobert A. BradyNov 14, 2016
D-WIGwen MooreNov 16, 2016
D-MNBetty McCollumNov 22, 2016
D-CAZoe LofgrenDec 5, 2016
D-COEd PerlmutterDec 8, 2016
D-CTJames A. HimesDec 8, 2016
D-TXMarc A. VeaseyDec 8, 2016
D-NMMichelle Lujan GrishamDec 8, 2016
D-CATed LieuDec 8, 2016
D-MOWm. Lacy ClayDec 8, 2016
D-TNSteve CohenDec 16, 2016
D-ILMike QuigleyDec 20, 2016

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEnergy and Commerce Committee
Referred Jul 8, 2016
HouseJudiciary Committee
Referred Jul 8, 2016
Constitution and Limited Government Subcommittee
Referred Jul 22, 2016

Actions 3

Everything that happened, newest first.

  1. Jul 22, 2016Referred to the Subcommittee on the Constitution and Civil Justice.
  2. Jul 8, 2016Introduced in House
  3. Jul 8, 2016Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article 1, Section 8 of the U.S. Constitution

The sponsor’s statement, as printed in the Congressional Record, vol. 162, no. 110, July 8, 2016, page H4574.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 2427Disability Integration Act of 2015Related billDec 18, 2015

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To prohibit discrimination against individuals with disabilities who need long-term services and supports, and for other purposes.
Short Titles as Introduced
Disability Integration Act of 2016

Subjects

Assigned by the Library of Congress. Policy area: Civil Rights and Liberties, Minority Issues.

Text 1

Each version as it was printed, newest first.

  1. Jul 8, 2016Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.