The U.S. Department of Health and Human Services (HHS) has issued a proposed rule to advance equity and bolster protections for people with disabilities.  The proposed rule, Discrimination on the Basis of Disability in Health and Human Service Programs or Activities, updates, clarifies, and strengthens the implementing regulation for Section 504 of the Rehabilitation Act of 1973 (Section 504), the statute that prohibits discrimination against otherwise qualified individuals on the basis of disability in programs and activities that receive Federal financial assistance or are conducted by a Federal agency.

The proposed rule seeks public comment on a variety of issues to better understand individuals’ experiences with health care and human services discrimination on the basis of disability and recipients’ experiences in complying with federal civil rights laws.  The comment period closes on November 13, 2023. OCR will consider those comments as it drafts a final rule to implement Section 504.

For more information, and to submit a comment, visit: https://www.hhs.gov/civil-rights/for-individuals/disability/section-504-rehabilitation-act-of-1973/fact-sheet/index.html

Oregon Health Authority has begun a series of pre-Rule Advisory Committee (RAC) community engagement & listening sessions to solicit feedback on changes to the Oregon Administrative Rules (OAR). The sessions occur on Wednesdays from 8:30-9:30am and Thursdays from 3:30-4:30pm. The first session was on 10/4. Each session is designed to be the same content presented each week, but you are welcome to come to both.

The sessions are first and foremost a space for community members not on staff at OHA to provide comment, feedback, and ideas that will help inform their final rule change document for this second round of civil commitment OAR revisions. These sessions will go through the third week of December.

A schedule of the sessions with links to the virtual meetings is available on the OHA Civil Commitments webpage under updates: https://www.oregon.gov/oha/hsd/amh/Pages/civil-commitment.aspx

If you’ve ever thought that an OSB leadership position would be a nice addition to your resume, or you’d just like to be more involved with the bar and your disability law colleagues, now is your chance! The OSB Disability Law Section Executive Board is currently seeking new members. The time commitment is small (we meet online for one hour every other month), and the opportunity to make a difference is BIG.

 About the Section: The OSB Disability Law Section supports bar members who are interested in disability law. This section seeks to keep members updated and educated on developments in disability law, offers an annual CLE, and provides opportunities for collaboration and professional development on topics and issues related to disability law.

If you are interested in joining our board or would like more information, please email our Chair Debra Maryanov at [email protected].

Join the National Disability Rights Network (NDRN) via Zoom to discuss: Settlements for Individuals on SSI: What Should They Look Like?

Description: This will be an open discussion/Community of Practice to share information learned regarding the impact cash settlements have on individuals receiving Supplemental Security Income.  We hope that individuals who have obtained successful settlements can help staff understand the best way to structure the settlements.  Can funds be directly deposited into such things as ABLE accounts, thereby minimizing the any resource limits?  We hope new and experienced staff will join this dialog/discussion.

Date: 5/11/23

Time: 2:00pm – 3:00pm ET

Speakers:

Linda Landry, Disability Law Center, MA

Cheryl Bates-Harris, NDRN

Registration Link: https://us06web.zoom.us/meeting/register/tZArcOGhqzkuG9AmlrayiH3avZgLF8ZAzuYa

Oregon Minority Lawyers Association’s 2022 Social & Fundraising Auction!

“People experiencing a mental health crisis have a new way to reach out for help in the U.S. Starting [July 16th, 2022], they can simply call or text the numbers 9-8-8.

Modeled after 911, the new three-digit 988 Suicide & Crisis Lifeline is designed to be a memorable and quick number that connects people who are suicidal or in any other mental health crisis to a trained mental health professional.”

For further information:

https://www.npr.org/sections/health-shots/2022/07/15/1111316589/988-suicide-hotline-number

The Lane County Bar Association’s Diversity Equity and Inclusion Committee is hosting an event 6/16/22 from 5-7PM, for affinity bar members to meet and enjoy refreshments and music. Family members, including children, welcome. The event will go forward rain and hopefully shine.

Respond here if you haven’t RSVPed yet to let them know you are attending, and they will send you directions and the location. Questions? Contact Felipe Alonso III at [email protected] or 541-346-3809.

Many Social Security reps have been appealing cases on the issue that appointment of the former SSA commissioner was tainted by an unconstitutional  statute that governed the President’s removal authority over the Commissioner. The 9th Cir. has now held that claimant must demonstrate that the unconstitutional provision actually caused the claimant harm. Without demonstration of such harm, a claimant is not entitled to a remedy, despite the unconstitutionality of the statute. Read the case: Kauffman v.
Kijakazi, — F.4th –, 21-48844, 2022 WL 1233238 (9th Cir. April 27, 2022); https://cdn.ca9.uscourts.gov/datastore/opinions/2022/04/27/21-35344.pdf.

“On April 7 a panel of the U.S. Court of Appeals for the Ninth Circuit held that two related employers may be treated as one integrated employer to meet the 15-employee headcount threshold under the Americans with Disabilities Act.” Read more here: https://www.law360.com/employment-authority/articles/1492381/what-9th-circ-ada-ruling-means-for-closely-related-entities