Vol. 7, No. 2 Spring 1999	Previous Issues Subscribe to AT Messenger Download PDF Viewer
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Critical Senate Hearing Features Delawareans

WASHINGTON - On February 4, 1999, the Senate Finance Committee held a hearing on legislation that would help individuals with disabilities go to work. The bipartisan legislation-S. 331, the Work Incentives Improvement Act of 1999-was introduced last month by Delaware Senator William V. Roth, Jr. (R-DE), along with Daniel Patrick Moynihan (D-NY), Jim Jeffords (R-VT), and Edward Kennedy (D-MA).

In his opening statement, Roth explained: "We are here to discuss a simple goal- helping individuals with disabilities go to work if they so choose. The simple fact is that people with disabilities are often presented with a Catch-22 between working and losing their Medicaid or Medicare. This is a choice they should not have to make. But even modest earnings can result in a loss of eligibility for Medicaid or Medicare. Without health insurance, medical treatment often becomes prohibitively expensive for individuals with disabilities. Without medical treatment, it becomes impossible for many to work. My constituents in Delaware have made it clear that lack of access to health insurance is a real barrier to employment."

Delaware notables at the Senate hearing: Senator Roth shakes Larry Henderson's hand.

Testifying at the hearing was Larry Henderson, Chair of Delaware's Developmental Disabilities Planning Council and Director of Independent Resources (the Delaware Center for Independent Living). Henderson testified: "When people come to us, they are ready to live independent lives. Reality dictates that employment be a goal. Out of 140 consumers that we assisted last year, 75% faced the decision between loss of benefits versus employment. A mere 5% chose to take the risk. Under the Work Incentives Act, persons with disabilities entering the workforce could maintain the medical coverage they were receiving under Social Security or Medicaid."

The Work Incentives Improvement Act would create two new, voluntary, state Medicaid options. The first option permits people who qualify for Supplemental Security Income (that is: their disabilities are severe enough to qualify for SSI), but earn incomes higher than the SSI eligibility cut-off, to buy into Medicaid. The second option allows states to permit individuals with severe, medically determinable conditions who would otherwise lose eligibility because of medical improvement to buy into Medicaid. Under either option, Medicaid remains the "payor of last resort," meaning that any private sector insurance an individual possesses would be the primary payor for health care services. States would be free to require beneficiaries with access to employer-based health insurance to take advantage of that employer coverage. The bill also extends Medicare Part A coverage for a ten-year trial period for individuals on SSDI who return to work.

In addition to these health coverage innovations, the bill also provides a user-friendly, public-private approach to job placement. Because of a new payment system, vocational rehabilitation agencies will be rewarded for helping people remain on the job, not just getting a job.

Roth stated: "This combination of health care and job assistance will help disabled Americans succeed in the workplace. And our society will be enriched by unleashing the creativity and industry of people with disabilities eager to work."

On March 4, the Senate Finance Committee "marked up" and passed S. 331, the Work Incentives Improvement Act of 1999.