Advocacy Radar: Changes in Washington Threaten Disability Rights and Programs
Last updated 08/24/2026
It's been a busy — and deeply alarming — few weeks in Washington. Three major actions this month directly target hard-won disability rights and protections: health coverage, the right to live in the community, and access to special education and civil rights protections.
It's a lot to take in at once — so here's the short version of each, with links to the full story. Scroll to the end to see how you can join us in pushing back.
Monitoring
All But the Most Disabled Threatened by Medicaid Work Requirements
Threat: New federal work requirements could cause people with disabilities in the Medicaid expansion population to lose health coverage — even when they should qualify for an exemption.
Why it matters: The disability exemption isn't automatic — it requires proving both that you're "medically frail" and that your condition prevents you from meeting the work requirements. That two-part burden of proof could cause eligible people to lose coverage anyway. CMS's own estimates project millions could lose Medicaid.
Update: The public comment period ended on July 31, 2026. ECNV submitted public comments on this rule, addressing the medical frailty exclusion's burden of proof, documentation and provider verification barriers, and the need for ADA/Section 504-compliant accessibility throughout the process.
More: Read the full breakdown →
HEADS UP
DOJ Memo Threatens the Right to Live in the Community
Threat: A new DOJ memo argues that federal disability rights laws don't actually require states to serve people in the most integrated setting — directly challenging the 1999 Olmstead v. L.C. ruling.
Why it matters: The memo isn't law, but federal agencies and states could use it as cover to cut home and community-based services (HCBS) — putting people at risk of unnecessary institutionalization even when they want to, and can, live in the community.
More: Read the full story on what Olmstead protects and what's at stake →#Olmstead
HEADS UP
Divide to Conquer? Education and Civil Rights Being Split Apart
Threat: New interagency agreements would shift key special education and civil rights enforcement functions out of the Department of Education and into HHS and DOJ.
Why it matters: Families already navigating IEPs may not know where to turn for help, and advocates worry the move reframes disability as a medical problem to be treated rather than a natural part of who students are. More than 600 organizations have called on Congress to block the transfers.
Update: There's real bipartisan pushback to this — read on to see how a bill from Senator Kaine just cleared its first hurdle in the Senate.
More: Read the full story → #ProtectIDEA
What You Can Do
Taken together, these developments touch health coverage, community living, and educational rights — three pillars of independent living and disability justice. The landscape keeps shifting, and staying informed is the first step to staying engaged.
Want to stay connected to ECNV's systems advocacy work? Join our IMPACT list to get updates on federal and state policy changes as they happen, and reach out to Laura Kim, Policy & Advocacy Coordinator, at LauraK@ecnv.org if you'd like to get involved in upcoming advocacy opportunities.
We're stronger when we advocate together!