Public Comments

DREDF and DRC Reply Comments on Phase 3 of CPUC Power Outage Proceeding

March 29, 2021
On March 29, 2021, DREDF and DRC filed reply comments as part of the third phase of the California Public Utilities Commission (CPUC) regulatory proceedings on Investor Owned Utility (IOU) decisions to shut off power to consumers during extreme weather events. With this phase of the proceeding, the CPUC has begun to develop their regulations on providing backup power resources to people who utilize medical equipment during these emergencies. DREDF and DRC make recommendations on this proposal and others, and continue to advocate for the needs of the disability community during all stages of these disaster events. DREDF and DRC continue to be involved in a multi-prong approach to address effective mitigation of the life-threatening consequences to our community from these planned power outage emergencies. [...]

Coalition Comment Urges Protection for Clients With Disabilities in Legal Representation

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February 16, 2021
DREDF and other California legal services offices continue work to ensure that clients with cognitive or mental health disabilities are not stripped of their right to make decisions based on paternalistic stereotypes. Past advocacy, which began in 2009, has focused on the American Bar Association (ABA) Model Rules of Professional Conduct. Model Rule 1.14 addresses clients with “diminished capacity.” The coalition has repeatedly and successfully argued that Rule 1.14 is too vague and too broad, and would allow attorneys to inappropriately compromise clients’ personal autonomy and confidentiality in situations where it is not warranted. Model Rule 1.14 has not been adopted in California. However, the California State Bar ethics committee is now considering issuing an advisory opinion that would be similarly and inappropriately restrictive. [...]

DREDF Comment opposes CMS’s Interim Final Rule on COVID-19

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January 4, 2021
When Congress enacted the Families First Coronavirus Response Act (FFCRA) in March 2020, it included "Maintenance of Effort" (MOE) protections that would require a state to preserve existing levels of Medicaid enrollment and service coverage before the state could receive enhanced federal Medicaid funding rates for the public health emergency. With the new Interim Final Rule, the Centers for Medicare and Medicaid (CMS) tries to interpret the MOE protections as allowing a state to reduce "optional" Medicaid benefits that are critical to people with disabilities such as home and community-based services, physical and occupational services, behavioral health services, and dental and vision services during the pandemic, while still drawing down enhanced federal funds. DREDF's comment opposes both the substance of the rule as well as CMS's use of an "interim final rule" which bypasses the usual public comment processes and timeline. [...]

DREDF Submits Comments Opposing HHS’ Proposed Regulatory “Sunset Rule”

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December 4, 2020
DREDF submitted comments on HHS' proposed "Sunset Rule," which would impose an automatic expiration date on most HHS regulations unless the agency completes a detailed review and determines to retain it. DREDF's comments urge HHS to immediately withdraw the proposal, as it would create a tremendous administrative burden for HHS and create chaos across HHS programs and regulated entities, including Medicaid, Medicare, the Food and Drug Administration (FDA), and the Centers for Disease Control and Prevention (CDC). DREDF's comments detail how this increased burden could cause regulations essential to the health care needs of people with disabilities to be arbitrarily rescinded. [...]

DREDF Comments Urging TCAC to Adopt Increased Accessibility Standards

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November 20, 2020
On Friday, November 20th, DREDF submitted comments strongly urging California's Tax Credit Allocation Committee (TCAC) to adopt proposed regulatory changes that would increase the number of required mobility and sensory access features in new Low Income Housing Tax Credit (LIHTC) developments. The LIHTC program is one of the state's largest affordable housing development programs. TCAC initially proposed cutting these accessible housing requirements in half, but in response to overwhelming and compelling public testimony, TCAC has now proposed to increase accessible housing in new construction projects. If adopted, these regulatory changes provide an opportunity for California to address the accessibility gap in our state and set an example for the rest of the nation. [...]

Comments on Proposed Decision of California PUC Commissioner Shiroma Authorizing Deployment of Autonomous Vehicle Passenger Service

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November 2, 2020
Autonomous vehicles ("AVs") have the potential to dramatically improve mobility, vehicle and road safety for people with disabilities, including people with sensory, cognitive and physical disabilities. However, the promise and safety of AVs will only be realized if the vehicles and the surrounding infrastructure are fully accessible, and the safety elements consider the needs of all disabled people. [...]

Comments on CDSS Draft ACL on Disaster Preparedness for IHSS Recipients

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October 13th, 2020
DREDF and Justice in Aging sent comments to the California Department of Social Services (CDSS) on their Draft All County Letter (ACL) entitled Modifications to the Disaster Preparedness Screen in the Case Management, Information and Payrolling System (CMIPS) and the Disaster Preparedness Data Download (DDL) File. Following an unprecedented number of disasters including planned power outages, county program staff, the County Welfare Directors Association of California (CWDA), and CDSS collaborated to expand the disaster preparedness information collected in the IHSS system and reported to Counties. Our comments made additional recommendations to further assist the counties to effectively identify and respond to In-Home Supportive Services (IHSS) recipients' needs in the event of emergencies and disasters. [...]

DREDF’s Comment Letter on the NASEM COVID-19 Vaccine Allocation Framework

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October 1, 2020
The Disability Rights Education and Defense Fund ("DREDF") appreciates the opportunity to provide comment to the National Academies Sciences, Engineering, and Medicine (NASEM) on its Discussion Draft of a Preliminary Framework for Equitable Allocation of COVID-19 Vaccine (draft). DREDF is a national cross-disability law and policy center that protects and advances the civil and human rights of people with disabilities through legal advocacy, training, education, and development of legislation and public policy. In the more than 40 years that have passed since our founding, we have persistently fought for the right of people with disabilities to be fully integrated within all aspects of community life. DREDF's work is based on the knowledge that people with disabilities of varying ages, racial and ethnic backgrounds, genders, and sexual orientations are fully capable of achieving self-sufficiency and contributing to their communities with access to needed services and supports and the reasonable accommodations and modifications enshrined in U.S. law. [...]

DREDF’s Comments Opposing HUD’s Anti-Transgender Shelter Rule

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September 22, 2020
The proposed rule change would create a significant barrier to transgender people seeking shelter, many of whom are people with disabilities. Access to safe and secure housing is sometimes all that stands between transgender people and deadly violence. And people with disabilities already face high rates of chronic homelessness, heightened difficulty securing accessible shelter, and heightened risk from the COVID-19 global pandemic. The proposed rule change needlessly reinforces harmful stereotypes and promotes discrimination. Making these changes at a time when the country is facing its greatest public health crisis in over a century is unthinkably cruel. We strongly recommend that HUD completely withdraw the proposed rule change and instead focus on addressing longstanding housing barriers. [...]

DREDF Comments on Georgia 1332 Waiver Proposal

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September 16, 2020
In August, Georgia completed submission of a Section 1332 "State Innovation" waiver to the Centers for Medicare and Medicaid Services, requesting substantial changes to the state's individual insurance market that would take effect in 2022 if approved. CMS accepted public comment on the submission until September 16. DREDF's comment speaks against Georgia's proposal to completely pull out of the federal marketplace without providing any state equivalent for getting unbiased information on finding, comparing and purchasing health insurance. Instead, consumers will have to go through insurance companies and brokers who receive commissions, while short term plans that do not have to meet Affordable Care Act (ACA) standards for comprehensive coverage and limited out-of-pocket costs and deductibles will be sold alongside ACA plans. Georgia's stated goal for the waiver is to reduce the state's high number of uninsured individuals, yet the state will not implement Medicaid expansion which would provide the best insurance for currently uninsured individuals. DREDF's comment highlights how both working and unemployed individuals with disabilities and preexisting conditions and their families will likely be caught in the confusion and reduced choices imposed by Georgia's waiver proposal, and left uninsured or underinsured. [...]