Advocacy Update: What’s Happening in Washington

Impact Hub
Written By Elaine Shaw

It’s been a busy — and deeply alarming — few weeks in Washington. Three major things have happened this month that directly affect people with disabilities. 

Here's what's happening, in order of urgency:

  1. Medicaid work requirements could cause people with disabilities to lose health coverage — and the comment period closes July 31. See the Medicaid section below for how to submit yours.

  2. A DOJ memo is attempting to roll back the legal right to live in the community instead of in an institution.

  3. Special education and civil rights offices are being split apart and moved out of the Department of Education.

ECNV will be participating in NCIL’s Hill Day on Wednesday, July 22, to bring these concerns directly to our representatives in Washington.  Keep reading for more details and how to get involved.

  1. New Medicaid Rules Could Take Away Health Coverage from People with Disabilities

New federal work requirements could cause people with disabilities in the Medicaid expansion population to lose coverage — even when they should qualify for an exemption. Medicaid is a critical source of health care and home and community-based services, also known as HCBS, that help many people with disabilities live independently. Last year, H.R. 1 added new work requirements to Medicaid expansion programs, putting coverage at risk for people who may face barriers to work, documentation, or navigating the exemption process.


On June 3, the Centers for Medicare and Medicaid Services (CMS) released a rule explaining how those work requirements will work. Under the rule, most people on Medicaid expansion between ages 19 and 64 must show they are doing at least 80 hours per month of work, school, job training, volunteering, or similar activities to keep their coverage. States must follow this rule by January 1, 2027.

The problem with the disability exemption: the rule does not simply exempt everyone with a disability. Instead, it requires people to show that they are medically frail or have special medical needs that significantly impair their ability to comply. That creates a documentation burden — and raises the risk that people who should be exempt could still lose coverage.

In plain terms: even if you have a disability, your state may still require you to meet the work requirements. If you can’t document your compliance — whether because you truly can’t work, because accessible jobs aren’t available, or because the paperwork process is unclear — you could lose your health care. CMS’s own estimates project that  millions of people could lose Medicaid coverage under the rule.

❗ Comments on the CMS rule are due July 31, 2026. The resources below can help you submit a public comment or contact your legislators.

For Taking Action:

  1. The DOJ Is Trying to Roll Back the Right to Live in the Community

On June 18, the Department of Justice (DOJ) released a legal memo saying that federal disability rights laws do not require states to provide services in the most integrated setting.

This directly attacks Olmstead v. L.C., a landmark 1999 Supreme Court ruling that has been the foundation of disability civil rights law for 27 years. Olmstead established the “integration mandate” — the legal requirement that people with disabilities must be served in the most integrated (least restrictive) setting appropriate to their needs. This protection has been understood for decades through the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and Olmstead itself. Courts across the country have upheld it for decades.

The DOJ memo argues that none of these laws actually require services in the most integrated setting, and that Congress never intended to make unnecessary institutionalization illegal. The memo itself admits this view is “out of step” with decades of court rulings.

This memo is not a law — but it matters. Federal agencies look to it when deciding how to act, and states may use it as an excuse to cut back on community-based services. If that happens, people with disabilities could face pressure to move into institutions, even when they want to — and can — live in the community. Research consistently shows that community-based care is both better for people and less expensive.


From the Independent Living Movement’s perspective: segregation is discrimination and the integration mandate is not optional.  Centers for Independent Living exist because of the hard-won principle that  people with disabilities have the right to self-determination, dignity, and full inclusion in their communities — not to be managed, isolated, or institutionalized. Our center stands firmly with that principle.

For Understanding the Olmstead Memo:

  1. Special Education and Civil Rights Offices Are Being Split Up

On June 16, the Trump administration announced new interagency agreements that would shift some responsibilities for special education and civil rights enforcement from the Department of Education to other federal agencies. In plain language, an interagency agreement is an arrangement between federal agencies about how they will share or carry out work — but disability and education advocates are concerned that these agreements could make it harder for families to know where to go for help.

  • Key Office of Special Education and Rehabilitative Services (OSERS) functions will be carried out through a partnership with the Department of Health and Human Services  (HHS). OSERS oversees the Individuals with Disabilities Education Act (IDEA), which guarantees students with disabilities a free and appropriate public education.

  • Some Office for Civil Rights (OCR) investigation and enforcement functions will be carried out through a partnership with the Department of Justice (DOJ). OCR is where families go when their child faces discrimination, including but not limited to race, religion, gender, or disability, in school.

For families already navigating IEPs and fighting for their children’s rights, this split creates a real problem: who do you call, and will they understand how schools work? Disability advocates are also concerned that moving IDEA oversight into a health department shifts the framing: disability becomes a medical problem to be treated, rather than a natural part of who students are.

Advocates argue that only Congress can authorize a true transfer or reorganization of these offices, and that the administration is attempting to accomplish similar changes through interagency agreements. More than 600 disability, civil rights, and education organizations have called on Congress to block these transfers

For Understanding the Education Transfers:

What's Next — and How You Can Get Involved

This is a lot to take in, and it's not slowing down. ECNV will keep sending updates as these situations develop, along with concrete actions you can take as they become available. Taken together, these changes threaten health coverage, community living, and educational rights — three pillars of independent living and disability justice.

In the meantime, we're already gearing up to act: ECNV will be participating in Hill Day on Wednesday, July 22nd, during NCIL's annual conference, bringing these issues directly to our representatives in Washington. If you're interested in joining us, please email Laura Kim, Policy & Advocacy Coordinator, at LauraK@ecnv.org by July 15th.

We're stronger when we advocate together!

Elaine Shaw
Next

2026 Virginia Legislative Update on Disability-Related Bills