WASHINGTON, D.C. – U.S. Sen. Mark R. Warner (D-VA) joined Sen. Kirsten Gillibrand and 22 Senate colleagues in submitting an amicus brief in Fulton v. City of Philadelphia, an impending Supreme Court case focused on anti-LGBTQ discrimination in the foster care and adoption system. In March 2018, the City of Philadelphia learned that two of the agencies it partners with to provide foster care services to children in the public child welfare system would not allow same-sex couples to be foster parents, based on the agencies’ religious beliefs. The city subsequently stopped referring children to the agencies and informed them that city contracts prohibit such discrimination. One agency, Catholic Social Services, sued the city with claims that the right to free exercise of religion entitles it to a taxpayer-funded contract to perform a government service, even though it is unwilling to comply with the city’s requirement that contract agencies accept all qualified families. Senator Gillibrand and her colleagues are calling for an end to anti-LGBTQ discrimination in the adoption and foster care systems because itdenies countless vulnerable children the opportunity to find a safe and loving home. 

“Government assumes a grave responsibility when it takes custody of children through the operation of the child welfare system. Its highest charge for children in its care is to always put their best interests first.  Turning away a loving and qualified family because of a parent’s sexual orientation or gender identity hurts these children by denying or delaying their placement in loving homes. This brief, led by Senator Kirsten Gillibrand and Congresswoman Angie Craig spells out in sharp relief the government’s compelling interest in eliminating discrimination in the child welfare system and thus advancing the best interests of children. Family Equality is grateful for this leadership and this clarion call to the Supreme Court to do the right thing for vulnerable foster children in America,” said Denise Brogan-Kator, Interim Chief Executive Officer of Family Equality.

In addition to Sens. Warner and Gillibrand, the amicus brief was submitted by Sens. Tammy Baldwin (D-WI), Diane Feinstein (D-CA), Jeff Merkley (D-OR), Ron Wyden (D-OR), Richard Blumenthal (D-CT), Patty Murray (D-WA), Elizabeth Warren (D-MA), Tim Kaine (D-VA), Charles Schumer (D-NY), Jeanne Shaheen (D-NH), Sherrod Brown (D-OH), Jacky Rosen (D-NV), Ed Markey (D-MA), Brian Schatz (D-HI), Bob Menendez (D-NJ), Chris Coons (D-DE), Cory Booker (D-NJ), Tammy Duckworth (D-IL), Chris Van Hollen (D-MD), Tina Smith (D-MN), Bernie Sanders (I-VT), and Mazie Hirono (D-HI). The effort was led in the House by Representative Angie Craig, Co-Chair of the Congressional LGBTQ+ Equality Caucus and the first lesbian mom to serve in Congress.  

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the following statement on the passing of John Hager, former Lieutenant Governor of Virginia:

“I’ve known John Hager for more than 30 years and I can attest that John epitomized the very definition of a true public servant. We worked together on the Virginia Health Care Foundation to ensure all Virginians had access to health care. And during my time as Governor, I was proud of the work he did on my Cabinet, serving as the Director of Homeland Security. John was a great Virginian, who, despite the remarkable obstacles he faced in his personal life, was able to persevere and give back to his community. John was a great friend to me and the Commonwealth he served.

“I want to offer my sincerest condolences to Maggie, the boys, and the entire Hager family on their loss. I will miss him greatly.”

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WASHINGTON – Today U.S. Sen. Mark R. Warner (D-VA) joined Sen. Richard Blumenthal (D-CT), a member of the Senate Armed Services and Veterans Affairs Committees and a group of twenty-eight senators including Senate Democratic Leader Chuck Schumer (D-NY), Senate Homeland Security and Governmental Affairs Committee Ranking Member Gary Peters (D-MI), and Senate Armed Services Committee Ranking Member Jack Reed (D-RI), in writing Postmaster General Louis DeJoy to raise concerns over the heightened impact of harmful United States Postal Service (USPS) policy and operational changes to servicemembers and their families.  

Because USPS is the only service that can deliver to the Army Post Office (APO) and Fleet Post Office (FPO) addresses used by our military overseas, deployed servicemembers and their families are uniquely impacted by changes that have left USPS “intentionally hamstrung and severely strained.” Active duty servicemembers who are deployed domestically also rely heavily on USPS to vote, pay their bills, receive packages, and stay in touch with family members and loved ones. 

“This population of Americans is disproportionately affected by any actions that restrict or delay the mail, which is sometimes the only reliable connection they have with loved ones during their military service. Servicemembers rely on USPS for the delivery of medicines, ballots, bills, and countless other pieces of vital mail,” the senators wrote.

“Even more alarming is the reality that servicemembers depend on the mail to exercise their most important rights as American citizens: the right to vote. Absentee ballots are the only way that most of the military community can use their constitutionally protected right to cast a ballot. Making absentee voting more difficult disenfranchises the very Americans who serve and sacrifice on the front lines in defense of our right to vote and live in a democratic society – a cruel irony to our men and women in uniform that must be remedied immediately.” 

Today’s letter was also signed by U.S. Sens. Dick Durbin (D-IL), Elizabeth Warren (D-MA), Sherrod Brown (D-OH), Kirsten Gillibrand (D-NY), Tammy Duckworth (D-IL), Chris Van Hollen (D-MD), Ron Wyden (D-OR), Jon Tester (D-MT), Tammy Baldwin (D-WI), Edward J. Markey (D-MA), Brian Schatz (D-HI), Amy Klobuchar (D-MN), Tina Smith (D-MN), Bob Casey (D-PA), Martin Heinrich (D-NM), Michael Bennet (D-CO), Tom Udall (D-NM), Bernie Sanders (I-VT), Chris Coons (D-DE), Jeff Merkley (D-OR), Mazie K. Hirono (D-HI), Sheldon Whitehouse (D-RI), Cory Booker (D-NJ), and Maggie Hassan (D-NH).

The full text of today’s letter is available here and copied below.

August 20, 2020 

Louis DeJoy

Postmaster General

U.S. Postal Service

475 L’Enfant Plaza West, S.W.

Washington, D.C. 20260

Dear Mr. DeJoy: 

As it has become more obvious that your oversight of the postal service is severely distressing the domestic mail system, we urge you to consider the impact of your recent changes to United States Postal Service (USPS) policy and operations on the 1.3 million servicemembers and their families who serve both domestically and overseas. USPS is the only service that can deliver to the Army Post Office (APO) and Fleet Post Office (FPO) addresses used by our military overseas. While your recent suspension of operational changes is a necessary first step and needed course correction, it is insufficient and unclear that this suspension will mitigate the damage that has already been done to the postal system, and prevent the disruption and harm to Americans who serve our nation in uniform. We are also concerned that your statements regarding suspension of these changes are not actually being carried out.

Since your appointment as Postmaster General, you have implemented many harmful operational and policy changes that have already resulted in mail being delayed in many areas by weeks. Reports of hiring freezes, scheduling and route changes, reshuffling of leadership, decommissioning and removal of mail-sorting machines, and other reorganization of operations have left a once proud and efficient system intentionally hamstrung and severely strained. In fact, USPS recently sent detailed letters to 46 states warning that it cannot guarantee that all mail-in ballots will arrive in time to be counted.

Your changes have also had a direct impact on deployed servicemembers who rely on USPS as the only avenue to deliver mail from the United States to the APO & FPO addresses used by our military overseas. This population of Americans is disproportionately affected by any actions that restrict or delay the mail, which is sometimes the only reliable connection they have with loved ones during their military service. Servicemembers and their families who are stationed overseas for months and years at a time also depend on the USPS, as do military families who are stationed domestically, but away from their home of record. Servicemembers rely on USPS for the delivery of medicines, ballots, bills, and countless other pieces of vital mail.  There are virtually no members of the military who will be unaffected by these changes, which will negatively impact their quality of life and hamper their ability to communicate with their family members and loved ones – ultimately hindering military readiness.

Even more alarming is the reality that servicemembers depend on the mail to exercise their most important rights as American citizens: the right to vote. Absentee ballots are the only way that most of the military community can use their constitutionally protected right to cast a ballot. Making absentee voting more difficult disenfranchises the very Americans who serve and sacrifice on the front lines in defense of our right to vote and live in a democratic society – a cruel irony to our men and women in uniform that must be remedied immediately.

We urge the White House and all Trump Administration officials to reconsider their opposition to necessary stimulus funding for the USPS during this COVID-19 pandemic. The Heroes Act, which was passed by the House in May, would provide $25 billion to the USPS and we must immediately pass this critical funding need. 

The USPS is a public service that is critical to all American citizens, particularly our military. They are depending on us to provide this vital service, and we stand ready to protect it at all costs.

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WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine joined Senator Gary Peters, Ranking Member of the Homeland Security and Governmental Affairs Committee, and the entire Senate Democratic caucus to demand answers from Postmaster General Louis DeJoy on significant operational changes he directed that have caused serious delays for postal customers in Virginia and across the country. In a letter, the Senators called on DeJoy to testify before Congress and provide clear, transparent answers on service delays that have caused seniors and veterans to miss their prescription medications, small businesses to lose money and customers over delayed packages, and other serious disruptions that affect communities across the country who count on the Postal Service for timely delivery.

“In the weeks since you began to implement these changes, we have seen a steep increase in constituent concerns about mail delays, including restricted mail movement, limitations on carriers’ abilities to timely deliver mail, and most concerning, risks to receipt of critical mail involving life-saving medication and ballots for the upcoming general election,” wrote the Senators. “The Postal Service is a public institution that both serves and belongs to every person in our nation. As a result, we call on you to testify before Congress about all changes you have made and plan to make as Postmaster General.  The lack of transparency so far regarding the intent, scope, and responsibility for changes at the Postal Service is unacceptable.” 

Last week, Warner and Kaine joined their colleagues in a letter to urge DeJoy to provide answers regarding reports of changes to long-standing practices at USPS that result in increased delivery times and costs for election mail, and urged him not to take any further action that makes it harder and more expensive for states and election jurisdictions to mail ballots. Sen. Warner also demanded immediate action last week to ensure that  Veterans and the VA can count on USPS for the timely delivery of essential prescription drugs. He has also previously pressed the Postmaster General regarding concerns from Virginians regarding delayed mail service.  

Text of the letter is copied below and available here.

Dear Mr. DeJoy:

We write to seek answers about changes to the U.S. Postal Service under your leadership that are adversely affecting mail delivery for Americans across the country.  We call on you to testify before Congress about these changes and their impact on every person in our nation.  

The Postal Service is an essential public institution with an obligation to serve every community in the nation.  As Postmaster General, you should not make changes that will slow down mail or compromise service for veterans, small businesses, rural communities, seniors, and millions of Americans who rely on the mail for medicines, essential goods, voting, correspondence, and for their livelihoods. 

Last week, however, you confirmed to Congress that you recently directed operational changes in post offices and processing centers. On August 7, 2020, you also announced a significant reorganization of Postal Service leadership and functions. These changes include the elimination of extra mail transportation trips, the reduction of overtime, the start of a pilot program for mail sorting and delivery policies at hundreds of post offices, and the reduction of equipment at mail processing plants.   

The Postal Service has characterized these changes as efficiency or cost-saving measures and minimized any “temporary service issues” as an “inevitable” side effect of implementing new procedures. However, in practice and in the midst of a pandemic, these actions, whether intentionally or not, are causing mail delays and appear to constitute an unacceptable threat to the Postal Service and the millions of Americans who depend on it.

In the weeks since you began to implement these changes, we have seen a steep increase in constituent concerns about mail delays, including restricted mail movement, limitations on carriers’ abilities to timely deliver mail, and most concerning, risks to receipt of critical mail involving life-saving medication and ballots for the upcoming general election.  There are also reports that post offices have significantly reduced their hours, including in West Virginia, where postal officials circulated an alarming document announcing potential post office closures before quickly withdrawing it and calling it a misunderstanding.

As Postmaster General, you have avoided answering questions about the magnitude of delays we have seen and have not yet provided any evidence that you studied or considered how your changes would affect delays and mail service before implementing these changes.  Furthermore, you have refused to engage with nearly all Members of Congress who have reached out to you or raised concerns about these issues.  Inevitably, without additional information or engagement from you or the Postal Service with stakeholders about these changes, your actions raise questions regarding your intent and whether you have adequately sought to fully understand the Postal Service’s current capabilities, personnel, and public service mission before implementing these changes.   

The Postal Service is a public institution that both serves and belongs to every person in our nation. As a result, we call on you to testify before Congress about all changes you have made and plan to make as Postmaster General.  The lack of transparency so far regarding the intent, scope, and responsibility for changes at the Postal Service is unacceptable.  We understand you have committed to being more forthcoming and transparent with Congress and the American people regarding these changes, including providing documentation of the operational changes you have made and will be making since beginning your term.  For every American who relies on the Postal Service, we call on you to fulfill that commitment without delay. 

To that end, please provide the following information by August 21, 2020:

1.               Please explain how the changes you have made to Postal Service operations since becoming Postmaster General have affected on-time mail delivery (i.e. service performance).  Please provide all nationwide, Area, and regional service performance data since June 15, 2020.

2.               Did you conduct any formal analysis before making these changes to Postal Service operations, including analysis of the potential effect on service performance?  If so, please provide the analysis.  If not, explain why not.   

3.               It appears the Postal Service did not consult meaningfully with any stakeholders, including unions, mailing industry stakeholders, or others, before implementing these operational changes.  Please explain why. 

a.     Did you discuss these operational changes, or any other potential operational changes, with Administration officials outside the Postal Service?  Please list and describe any such discussions.

4.               What analysis did you conduct over your 8 weeks as Postmaster General to determine an “organizational realignment” was necessary and that the previous structure was inadequate?  Please provide copies and descriptions of any analysis, including any discussions with employees and business stakeholders.  

a.     The reorganization reshuffles reporting relationships and Postal Service geographic Areas.  How will this affect coordination among essential functions of the Postal Service during this pandemic?  How will this affect reports of service performance and other essential performance metrics? 

5.               What, if any, plans are under consideration for further post office or facility hour reductions, suspensions, closures, or consolidations?

6.               What steps will you be taking to suspend or halt any changes adversely affecting mail delivery during this pandemic and in advance of the general election?

Thank you for your attention to this important matter. 

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WASHINGTON – U.S. Sen. Mark R. Warner joined Sen. Amy Klobuchar (D-MN), Ranking Member of the Senate Rules Committee, Gary Peters (D-MI), Ranking Member of the Homeland Security and Governmental Affairs Committee, Tom Carper (D-DE), and Senate Democratic Leader Chuck Schumer (D-NY), along with the entire Senate Democratic caucus, in a letter urging U.S. Postmaster General Louis DeJoy to provide answers regarding reports of recent changes to long-standing practices at USPS that would result in increased delivery times and costs for election mail, and urged him not take any further action that makes it harder and more expensive for states and election jurisdictions to mail ballots.  

Despite numerous reports from across the country of slow delivery, mail left sitting in facilities overnight and challenges delivering absentee ballots on time to election officials, DeJoy has refused to provide Congress with satisfactory answers on his actions he has taken and continues to assert that election officials must pay the First Class rate for election mail to be prioritized. This letter follows previous requests from the lawmakers that demanded answers from DeJoy after he refused to answer whether reported changes restricting mail delivery came at his direction. DeJoy has since confirmed changes in delayed mail came at his direction. 

“Like voting itself, the U.S. Postal Service (USPS) is vital to our democracy. Since you assumed the role of Postmaster General, there have been disturbing reports regarding changes at USPS that are causing significant delays in the delivery of mail. Under normal circumstances, delayed mail is a major problem – during a pandemic in the middle of a presidential election, it is catastrophic,” the lawmakers wrote. 

“Instead of taking steps to increase your agency’s ability to deliver for the American people, you are implementing policy changes that make matters worse, and the Postal Service is reportedly considering changes that would increase costs for states at a time when millions of Americans are relying on voting by mail to exercise their right to vote.

“We have received reports that in the last several weeks, the Postal Service sent letters to state election officials that indicate that the Postal Service will not automatically treat all election mail as First Class. If any changes are made to longstanding practices of moving election mail just months ahead of the 2020 general election, it will cause further delays to election mail that will disenfranchise voters and put significant financial pressure on election jurisdictions.”

The full text of the letter can be found HERE and below:

Dear Postmaster DeJoy:

We write to express significant concern regarding reports that you are implementing policy changes that will increase the cost for timely delivery of election mail, and to urge you not to take any action that makes it harder and more expensive for Americans to vote.  

Like voting itself, the U.S. Postal Service (USPS) is vital to our democracy. Since you assumed the role of Postmaster General, there have been disturbing reports regarding changes at USPS that are causing significant delays in the delivery of mail. Under normal circumstances, delayed mail is a major problem – during a pandemic in the middle of a presidential election, it is catastrophic. Instead of taking steps to increase your agency’s ability to deliver for the American people, you are implementing policy changes that make matters worse, and the Postal Service is reportedly considering changes that would increase costs for states at a time when millions of Americans are relying on voting by mail to exercise their right to vote.

The National Voter Registration Act of 1993 (NVRA) allows state and local officials to send materials authorized or required under the Act, such as absentee ballot applications, at USPS Nonprofit Marketing Mail prices. These prices are lower than the regular USPS Marketing Mail prices and election officials across the country rely on the lower rates to send voters important election mail in a cost-effective manner. Absentee ballots themselves are not specifically covered under the NVRA; however, many jurisdictions receive the lower rate for ballots as well because they utilize the Undeliverable As Addressed (UAA) information from returned ballots for list maintenance activities prescribed under the NVRA. The practice of mailing out ballots as Marketing Mail has been formalized to the degree that the 2020 Official Election Mail Kit (Kit 600) sent to election officials in January 2020 includes advice on how to decide whether to send ballots by First Class or Marketing Mail.

While First Class mail normally has a delivery standard of 2-5 days, and Nonprofit Marketing Mail has a delivery standard of 3-10 days, it has been the practice of USPS to treat all election mail as First Class mail regardless of the paid class of service. Reports from the USPS Office of the Inspector General (OIG) support the fact that USPS has traditionally prioritized election mail. An OIG report on the 2018 elections found that 95.6 percent of election and political mail was delivered within the 1-3 day service standard applied to First Class mail. That is extremely close to the USPS overall goal of delivering 96 percent of First Class mail within the 1-3 day service standard and clearly indicates that election mail was being processed across the country as if First Class service standards applied. In addition, the OIG also conducted interviews in which area and facility managers stated that they treat all election mail as First Class mail. 

We have received reports that in the last several weeks, the Postal Service sent letters to state election officials that indicate that the Postal Service will not automatically treat all election mail as First Class. If any changes are made to longstanding practices of moving election mail just months ahead of the 2020 general election, it will cause further delays to election mail that will disenfranchise voters and put significant financial pressure on election jurisdictions. Many state deadlines allow voters to request absentee ballot applications and absentee ballots within a few days of Election Day, so it is vital that standard delivery times remain low and pricing remain consistent with past practices to which election officials and voters are accustomed.

As you know, state laws set deadlines for voter registration, absentee ballot requests, and ballot postmarking and/or delivery. Changes to previous practices regarding election mail would upset these timelines. Furthermore, changing any policy for election mail only months before Election Day does not give election officials sufficient time to respond by changing deadlines set in law, especially since many state legislatures have adjourned.

Although some election jurisdictions may be able to send their election mail at the First Class rate, the overwhelming majority of jurisdictions simply do not have sufficient resources to do so. Election officials are coping with budgets that are severely strained by the increase in requests for absentee ballots and other costs associated with the pandemic. Despite our continued efforts, Congress has so far only provided states with $400 million in emergency funding for elections—billions short of what experts say is needed to keep voters safe this year. As election officials across the country plead with Congress to authorize additional election funding, reports suggest the Postal Service could implement changes that suddenly increase costs for Americans to safely vote. That is wrong and unacceptable.

As Postmaster General, you have a duty to our democracy to ensure the timely delivery of election mail. Millions of Americans’ right to vote depends on your ability to get the job done. We urge you not to increase costs for election officials, and to direct all Postal Service employees to continue to prioritize delivery of election mail.

We understand you have committed to being more forthcoming and transparent with Congress and the American people regarding your work as Postmaster, including the Postal Service’s plan to successfully deliver election mail during the 2020 elections. Accordingly, we ask you to publicly release this plan and provide answers to the following questions no later than August 25.

1.     Prior to 2020 it was the practice of the Postal Service to prioritize the delivery of all election mail, including voter registration materials, absentee ballot request, and ballots, to meet the equivalent of First Class delivery times no matter what class of mail was used to send it. Will the Postal Service commit to continuing this practice?

2.     Will the Postal Service commit to continuing its longstanding practice of allowing election officials to mail ballots to voters at Nonprofit Marketing Mail Rates?

3.     Has USPS headquarters staff provided any guidance, formally or informally, in writing or verbally, regarding the service standards to be applied to election mail not sent at the First Class rate? Please provide copies of any such guidance.

 4.     Please provide copies of any letters or guidance sent to state or local election officials regarding the service standards that will be applied to election mail.

Sincerely,

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WASHINGTON, D.C. – U.S. Sens. Mark R. Warner (D-VA), Mazie K. Hirono (D-HI), Bob Casey (D-PA), Kamala Harris (D-CA), and other colleagues introduced the Coronavirus Language Access Act, which expands access to coronavirus-related resources by increasing language access services and supporting culturally appropriate COVID-19 response programs to help older Americans, those who have limited English proficiency (LEP), and people with disabilities.

The pandemic has magnified language access issues and disparities in health care, as more than 25 million people in the United States have limited English proficiency—15 percent of whom are age 65 or older. For many limited English proficient individuals, their work on the front lines of the pandemic response leaves them more vulnerable and subject to greater risks of contracting COVID-19.

The Coronavirus Language Access Act would:

• Require federal agencies receiving COVID-19 funding to provide translated materials for COVID-19-related programs and opportunities within 7 business days after the English version is available.
• Require federal agencies receiving COVID-19 funding to provide oral language assistance services for COVID-19-related programs and opportunities.
• Require the head of every federal agency affected by the bill to submit a report about its compliance with the requirements of the bill to the relevant congressional Committees.
• Provide $200 million for coronavirus-related language access services – $150 million of which must be for state (including DC), Tribal, and territorial health departments and community-based organizations to support culturally appropriate coronavirus response programs.
• Require the Centers for Disease Control and Prevention (CDC) to create a coronavirus informational hotline with trained interpreters that provides COVID-19 information to the public.
• Require CDC to provide translated materials relating to COVID-19 screening, testing, treatment, and educational information to state (including DC), Tribal, and territorial agencies.
• Provide $20 million to states for Area Agencies on Aging and $10 million to states for Statewide Independent Living Councils to support older LEP individuals and LEP individuals with disabilities, respectively, in accessing COVID-19 information through partnerships with community-based organizations.

“We’ve seen that the coronavirus pandemic has exacerbated the existing disparities in our public health system. Given that communities of color have been particularly hard-hit by this crisis, we need to make sure that language is no barrier to seeking and accessing care and resources related to COVID-19,” said Senator Warner.

“Coronavirus cases in the United States have topped five million infections, and the devastation caused by the pandemic has reached every corner of our country. We must do more so that all communities – regardless of English proficiency, age, or disability – have access to the federal government’s coronavirus-related services and resources in culturally appropriate and understandable ways,” Senator Hirono said.

“The coronavirus pandemic has exposed and exacerbated many obstacles and disparities in our health care system, including language barriers,” said Senator Baldwin. “Our legislation will require the federal government to deploy culturally-appropriate coronavirus-related information and resources that are accessible for everyone, regardless of their primary language.”

“This bill makes vital COVID-19 information accessible to countless Americans who face obstacles of age, disability, or language fluency. It provides language assistance and translation services so that lifesaving facts are available to everyone. While physical distancing is essential, information distancing or isolation can be devastating,” Senator Blumenthal said.

“For too many Nevadans coronavirus-related resources like testing information, and basic updates about how to keep families safe aren’t available in their native languages,” said Senator Cortez Masto. “I’m proud to cosponsor legislation that will require federal agencies to provide accessible, translated materials for millions of hardworking Americans with disabilities or limited English proficiency, many of whom are frontline workers. Every Nevadan should be able to easily access everything from coronavirus prevention tips to information about relief programs.”

“Ensuring that individuals with disabilities and those with Limited English Proficiency have equal access to accurate, culturally appropriate, up-to-date and easily understandable information regarding federal programs, health information and services available to them is common sense, period. Amid a public health crisis like the coronavirus pandemic, when emergencies are more likely, we must uphold our commitment to civil rights by ensuring all communities have equal access to information to prevent further spread of the virus,” said Senator Brown.

“We cannot overcome this crisis until we can speak to all Americans. At the beginning of the pandemic, I launched a portal on my website with information and assistance in different languages so that all Nevadans can access the resources they need as we navigate COVID-19. But the federal government must work harder to communicate with the nearly 25 million Americans who have limited English proficiency,” Senator Rosen said. “This legislation will ensure that coronavirus-related information, services, and relief programs are clear and accessible to all. By ensuring that all Americans have access to these much-needed resources, we can help stop the spread of coronavirus in our communities and put workers and families on the road to recovery.”

“We cannot expect to end this pandemic if 25 million American s who are Limited English Proficient cannot meaningfully communicate with their health care provider or receive lifesaving public health information about COVID-19,” said Juliet K. Choi, Executive Vice President at the Asian and Pacific Islander American Health Forum. “This badly-needed legislation would address language barriers and systemic inequities by ensuring federal agencies provide translation and interpretation services, as well as provide funding to state health departments and community based organizations. We especially applaud the leadership of Senators Hirono, Casey and Harris for championing this Coronavirus Language Access Act.”

“UnidosUS is proud to support the Coronavirus Language Access Act and we thank Sens. Hirono, Casey, and Harris for their leadership in introducing this vital health equity legislation. The bill makes critical investments, including by targeting resources to trusted community-based organizations which sensitively and effectively provide services in their diverse communities. Language access is an issue that has long been a priority for UnidosUS and during a pandemic it is particularly important that the tens of millions of Americans who speak a language other than English have the information and resources they need to stay safe and healthy,” said Eric Rodriguez, Senior Vice President of Policy and Advocacy, UnidosUS.

“Older adults who are immigrants have been among the hardest hit by the COVID-19 pandemic and the hardest to reach. This legislation takes important and practical steps to ensure that everyone in our communities has the vital information and resources we all need to protect ourselves and our families,” said Kevin Prindiville, Executive Director of Justice in Aging.

“DREDF knows that LEP communities have faced many of the same communication and information barriers that have confronted Deaf, hard-of-hearing, blind and other persons with disabilities seeking COVID-19 testing and treatment. Every person in our country has been affected by this virus and we must give everyone the equal chance to understand how to avoid, fight, and recover physically and economically from it,” said Silvia Yee, senior staff attorney at the Disability Rights Education and Defense Fund (DREDF).

“Use of our native languages in accessing health care and resources, especially during these times, is a step in uplifting and empowering Native Hawaiian and Pacific Islander communities in Hawaii and across the country. Papa Ola Lokahi strongly supports the efforts of Senator Hirono and her colleagues Senators Casey & Harris in standing up for the rights of our Native peoples. E Ola Ka Olelo Hawaii!” said Dr. Sheri-Ann Daniels, Executive Director of Papa Ola Lokahi.

"The Legal Clinic is tremendously grateful for the steadfast leadership and care that our Senator Hirono, the only immigrant in the Senate, has demonstrated in filing the Coronavirus Language Access Act. This bill would ensure that those with Limited English Proficiency, many of whom are kupuna (seniors), receive the critical public health information they need to protect themselves and their families from COVID-19. With the recent spike in cases in our state and the disproportionate impact the virus has had on Pacific Islanders, especially Micronesian communities, it is imperative that every effort is made to get translated materials into the hands of trusted community leaders for further distribution and that resources are allocated to culturally-appropriate health services. We strongly urge the Senate to pass this measure and protect all people, regardless of language ability, from the deadly threat of this virus," said Amy Agbayani and Liza Ryan Gill, Advocacy Committee of The Legal Clinic Hawaii.  

“One of the most powerful ways to understand the needs of our 70,000 Medicaid members is through their own language. Navigating the coronavirus means community health plans like AlohaCare having access to culturally appropriate coronavirus-related informational materials. We commend Senators Hirono, Casey, and Harris for introducing the Coronavirus Language Access Act to provide our members and the communities we serve with essential information, services, and relief programs to meet Hawaii’s urgent needs during the COVID-19 pandemic,” said Francoise Culley-Trotman, Interim Chief Executive Officer of AlohaCare.

“It is critical for the federal government to ensure that LEP individuals have access to culturally appropriate coronavirus-related informational materials, including in written and verbal formats. For our island, Lanai, an island comprised of many immigrants, we are seeing first-hand how important use of culturally appropriate information material is to reaching various community members. All you have to do is look at the location of positive clusters – and you can clearly see there is a relationship between different cultures understanding of the virus. With this Act, we have an opportunity to address this issue and decrease exposure to the virus,” said Dr. Diana M V Shaw, Executive Director of Lanai Community Health Center.

"Language accessibility is important to ensure that everyone can understand and take advantage of the programs that the federal government has made available to the public, particularly as COVID-19 cases continue to mount. Maui Economic Opportunity touches more than 58,000 lives through various programs for early education, youth services, underserved families, entrepreneurship and business development, the incarcerated, specialized transportation, senior groups, and so many others, and additional resources properly translated into multiple languages would help us more effectively serve those in the community who need the help,” said Debbie Cabebe, Chief Executive Officer of Maui Economic Opportunity, Inc.

“The ongoing COVID-19 case surge in Hawaii underscores the critically urgent need for providing translated informational materials, language-specific hotlines, and other language access services to help curb the pandemic. Pacific Islanders have seen a dramatic rise in transmission rates in recent weeks. Over 10% of Hawaii’s population is limited English proficient, with a large number of residents born outside of the U.S. Lack of reliable science-based information in their original language places their households, their neighborhoods, and the larger community at increased risk of COVID-19 transmission. As such, the Coronavirus Language Access Act is a life-affirming response to a life-threatening pandemic that has already hit underserved populations particularly hard in Hawaii and across the nation,” said Heather Lusk, Executive Director of Hawaii Health & Harm Reduction Center.

In addition to Senators Warner, Hirono, Casey, and Harris, the bill was also cosponsored by Senators Sherrod Brown (D-Ohio), Jacky Rosen (D-Nev.), Catherine Cortez Masto (D-Nev.), Bernie Sanders (I-Vt.), Cory Booker (D-N.J.), Tammy Baldwin (D-Wis.), and Richard Blumenthal (D-Conn.).

The Coronavirus Language Access Act is supported by more than 160 national and local organizations, including the Asian & Pacific Islander American Health Forum; Asian Americans Advancing Justice | AAJC; UnidosUS; NAACP; National Immigration Law Center (NILC); Disability Rights Education and Defense Fund (DREDF); Families USA; Justice in Aging National Association of State Long Term Care Ombudsman Programs; GLMA: Health Professionals Advancing LGBTQ Equality; Center for Law and Social Policy (CLASP); Planned Parenthood Federation of America, Tahirih Justice Center, AlohaCare, Hawaii Health & Harm Reduction Center, Hep Free Hawaii, Lanai Community Health Center, Maui Economic Opportunity, Inc., NH&PI Hawaii COVID19 3R Team, Papa Ola Lokahi, and The Legal Clinic Hawaii. Click here to see the full list of supporting organizations.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), along with U.S. Reps. Robert Wittman (R-VA), Gerry Connolly (D-VA), Don Beyer (D-VA), A. Donald McEachin (D-VA), Elaine Luria (D-VA), and Jennifer Wexton (D-VA), sent a letter to ensure that children in Virginia have access to healthy foods during the COVID-19 pandemic, when they may be participating in distance learning from home and therefore unable to easily access school-provided breakfast and lunch. In a letter to USDA Secretary Sonny Perdue, the members of Congress requested that USDA extend and approve a number of waiver requests made by the Commonwealth of Virginia that would help deliver food to Virginia children during the pandemic.

“The COVID-19 pandemic has forced school districts across the country to adopt online and distance-learning models in order to continue educational instruction for students. This shift, while necessary, has disrupted the ability of many students to receive consistent access to healthy meals. For many children, the breakfasts and lunches they receive at school may be the only healthy and regular meals they receive during the week,” wrote the members of Congress. “In light of the unprecedented challenges faced by school districts in Virginia and across the country, we request that USDA extend the following waivers to ensure school districts have the certainty they need to continue providing students with healthy and nutritious meals.”

Throughout the pandemic, Virginia’s 132 school divisions have continued to provide meals for students through a number of meal service options. However, this shift has increased costs for schools, who are also facing decreased revenues due to diminished levels of participation in meal programs, as well as increased costs related to the need for more shelf-stable foods, packaging, and personal protective equipment. Specifically, participation in the school breakfast program has decreased by 35 percent and the number of school lunches served has dropped by 60 percent.

In order to ensure the uninterrupted and safe distribution of meals to Virginia’s students, the members of Congress requested that USDA extend waivers for the Summer Food Service Program (SFSP) and the Seamless Summer Option (SSO) until at least June 30, 2021 so that all students can have safe and efficient access to breakfast and lunch. The members of Congress also asked for an extension of the Area Eligibility waiver, which would continue to allow school districts to provide nutritious meals to all students regardless of their ability to pay, as well as increase critically-needed reimbursements to school divisions and eliminate burdensome paperwork requirements that affect the ability of schools to provide meals to students. 

In their letter, the members of Congress also urged USDA to approve the following outstanding waiver requests from the Virginia Office of School Nutrition Programs:

• A waiver to extend the cycle of administrative reviews for the Summer Food Service Program (SFSP) and the At Risk Portion of the Child and Adult Care Food Program (CACFP) for all school districts from once during a three-year period to once every five years to allow flexibility to plan during the pandemic.
• A waiver to eliminate the requirement that afterschool programs must have an educational or enrichment activity with the service of meals.
• A waiver to eliminate the requirement that potable water be available or accessible to children during meal service during breakfast in the cafeteria and lunch.

Sens. Warner and Kaine have been strong advocates of expanded access to food assistance for families in the Commonwealth amid the COVID-19 outbreak. In May, following pressure  by Sens. Warner and Kaine, USDA formally authorized Virginia’s request to participate in the Supplemental Nutrition Assistance Program (SNAP) Online Purchasing Pilot Program, which allows SNAP recipients to order their groceries online amid the current health crisis. In March, the Senators also successfully pushed USDA to waive a requirement that needlessly forced children to physically accompany their parent or guardian to a school lunch distribution site in order to receive USDA-reimbursable meals. Additionally, the Senators previously secured Virginia’s USDA Disaster Household Distribution Program designation, which allows food banks to distribute USDA foods directly to Virginia families in need while limiting interactions between food bank staff, volunteers, and recipients.

A copy of this letter is available here and below.

Dear Secretary Perdue:

We write today in support of several waiver requests made by the Commonwealth of Virginia that would assist in the delivery of food to Virginia children during the ongoing pandemic. We appreciate the steps taken by the United States Department of Agriculture (USDA) to grant flexibility to states and school districts to face this unprecedented crisis. However, school districts in Virginia continue to face significant obstacles to providing meals for children and require additional flexibility and assistance in order to keep students fed through the duration of this pandemic.

The COVID-19 pandemic has forced school districts across the country to adopt online and distance-learning models in order to continue educational instruction for students. This shift, while necessary, has disrupted the ability of many students to receive consistent access to healthy meals. For many children, the breakfasts and lunches they receive at school may be the only healthy and regular meals they receive during the week. Despite the challenges presented by COVID-19, Virginia’s 132 school divisions continue to provide meals through a variety of meal service options. However, the unanticipated and immediate shift in meal service due to school closures has substantively increased costs and decreased revenue for school districts. Despite efforts to bolster usage, participation in Virginia’s meal programs has dropped significantly compared to the previous year. Participation in the school breakfast program has decreased by 35 percent and the number of school lunches served has dropped by 60 percent. The decrease in service, and thus revenue, has been compounded by an increase in costs for additional packaging, shelf-stable foods, distribution, and personal protective equipment.

In light of the unprecedented challenges faced by school districts in Virginia and across the country, we request that USDA extend the following waivers to ensure school districts have the certainty they need to continue providing students with healthy and nutritious meals. First, we request that USDA extend the Summer Food Service Program (SFSP) and the Seamless Summer Option (SSO) waivers through at least June 30, 2021. Allowing school districts to offer free breakfast and lunch to all students is the best way to ensure meals are provided safely and efficiently during the current crisis. Further, we request an extension of the Area Eligibility waiver, which would allow school districts to provide nutritious meals to all students regardless of their ability to pay, increase critically needed reimbursements to school divisions, and eliminate burdensome paperwork requirements that affect the ability of schools to provide meals to students.

As the Department strives to adapt our nation’s nutrition programs for this school year, we would also urge you to approve outstanding waiver requests from the Virginia Office of School Nutrition Programs. Specifically, Virginia has requested the following waivers:

• A waiver to extend the cycle of administrative reviews for the Summer Food Service Program (SFSP) and the At Risk Portion of the Child and Adult Care Food Program (CACFP) for all school districts from once during a three-year period to once every five years to allow flexibility to plan during the pandemic.
• A waiver to eliminate the requirement that afterschool programs must have an educational or enrichment activity with the service of meals.
• A waiver to eliminate the requirement that potable water be available or accessible to children during meal service during breakfast in the cafeteria and lunch.

To ensure the uninterrupted and safe distribution of meals to Virginia’s students, we urge USDA to extend the SFSP and SSO waivers, the Area Eligibility waiver, and work with the Virginia Department of Education to approve the Commonwealth’s outstanding waiver requests as quickly as possible.

Thank you for your attention to this matter. We look forward to continuing to work with you to ensure every child has access to healthy and nutritious foods during this public health emergency.

Sincerely,

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WASHINGTON — U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, joined Sen. Bob Menendez (D-N.J.) and Sen. Jim Risch (R-Idaho), Ranking Member and Chairman of the Senate Foreign Relations Committee, in introducing a Senate Resolution regarding the massive explosion in the Port of Beirut, Lebanon on August 4, 2020. The bipartisan resolution extends heartfelt condolences to the people of Lebanon on behalf of the U.S. Senate and reiterates support for ongoing U.S. government efforts to provide emergency humanitarian relief in concert with other international partners to those impacted. The Senators were also joined on the resolution by Sens. Jeanne Shaheen (D-NH), Marco Rubio (R-FL), Mitt Romney (R-UT), Chris Murphy (D-CT), and Rob Portman (R-OH).

“Our hearts are with the people of Lebanon as they continue to recover from this devastating explosion, which killed more than 200, left thousands injured, and displaced many more.  And this tragedy comes on top of the difficulties the Lebanese people were facing prior to the explosion, including a global pandemic, economic crisis, and political upheaval.  We in the United States stand with them and offer our support as they work to rebuild,” said Senator Warner.

"We stand with the Lebanese people as they continue to recover from the tragic August 4 explosion that took the lives of so many and has displaced hundreds of thousands, threatened health and food security, and destroyed critical infrastructure,” said Ranking Member Menendez. “During this period of national mourning and trauma in Lebanon, we are sadly reminded that those with political power in Beirut have put their own interests above those of the broader population for far too long. I am proud to be joined by my colleagues in this effort to reaffirm the Senate’s continued support for vital humanitarian relief and meaningful economic and political reforms that will serve the interests of health, wellbeing, stability of the Lebanese people."

“The explosion at the Port of Beirut last week was a devastating tragedy for a country already struggling with economic hardship, mismanagement, and corruption. My deepest condolences are with all those who have been impacted,” said Chairman Risch. “Our resolution supports U.S. government efforts to provide emergency humanitarian relief, and encourages the Lebanese government to prioritize policies and programs that advance the interests of the people of Lebanon. The Lebanese people deserve a more stable and prosperous future.”

“The devastating explosions in Lebanon could not have happened at a worse time for the Lebanese people. Their nation has been embroiled in political turmoil and is in the midst of an economic crisis. The blast exacerbated these existing problems. Now more than ever, it’s critical that the United States stand with the Lebanese people as they fight to recover and rebuild,” said Senator Shaheen. “This resolution reaffirms the U.S. Senate’s commitment to support humanitarian relief and urges necessary and urgent political and economic reform within the Lebanese government. So many innocent lives were lost in this horrific event and many more forever changed by the destruction in Beirut. The time is now for the U.S. to lead in supporting the Lebanese population’s calls for assistance, accountability and action.”

“Following the horrifying explosion in the Port of Beirut earlier this month, I’m proud to join Chairman Risch and Ranking Member Menendez in introducing this bipartisan resolution in support of the Lebanese people,” said Senator Rubio. “The United States stands with the people of Lebanon during this difficult time through U.S. humanitarian assistance and as they seek accountability and meaningful reforms for their country.

 “Lebanon is a country on the brink of financial ruin with a fragile democracy, susceptible to increasing efforts by Iran and Iranian-backed groups trying to capitalize on the country’s instability to gain influence. Last week’s explosion in Beirut will have long-lasting repercussions for the Lebanese people who were already facing severe economic hardships. My heart aches for them,” said Senator Romney. “The Lebanese government must work with partners in a transparent and impartial manner to investigate the source of the explosion, and must address the political failings that allowed it to happen in the first place.”

“Before the explosion, Lebanon was already in dire crisis with a collapsed economy and growing humanitarian needs. It’s in the United States’ interest to do everything in our power to prevent the situation in Beirut from getting worse. That’s why I stand with my colleagues in the United States Congress to mobilize international support and provide emergency humanitarian assistance to the people of Lebanon during this incredibly difficult time,” said Senator Murphy.

“I’m proud to join Chairman Risch and Ranking Member Menendez in introducing this bipartisan resolution expressing support for the people of Lebanon in the face of the terrible tragedy earlier this month and the ongoing economic hardships. I applaud the Administration's efforts to provide humanitarian relief to the people of Beirut and the requirement that it be administered through the US Agency for International Development,” said Senator Portman. “It is crucial that the people most affected by this tragedy receive this aid and that it not be diverted to those who would profit from their suffering. I strongly encourage the government of Lebanon to conduct a complete and thorough investigation of the circumstances surrounding this incident and simultaneously work to build a democratic, free and inclusive government that acts in the best interests of the brave Lebanese people.”

The resolution can be found here.

WASHINGTON – Today, U.S. Senators Mark R. Warner and Tim Kaine announced $8,978,420 in federal funding to help Virginians access affordable housing across the Commonwealth. The funding was awarded through the Housing Choice Voucher Program and authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act supported by Warner and Kaine.

“As housing insecurity continues to rise for many Virginians, now more than ever, Congress needs to offer critical assistance to those in need,” the Senators said. “We’re pleased to announce these federal funds that will go directly towards supporting some of the most vulnerable communities right now.”  

Through the CARES Act, Congress provided $1.25 billion for Tenant-Based Rental Assistance, which funds the Housing Choice Voucher program that helps lower-income families, the elderly, and disabled individuals afford decent, safe, and sanitary housing. This funding includes $400 million for increased subsidy costs and $850 million for administrative and other expenses incurred by public housing authorities (PHAs), including activities to support or maintain the health and safety of assisted individuals and families, and costs related to retention and support of participating owners.

The funding will be awarded as below:

Recipient                                                                                          City                            Amount

Abingdon Redevelopment and Housing Authority                                 Abingdon                  14,067

Accomack-Northampton Regional Housing Authority                            Accomack                  70,053

Alexandria Redevelopment & Housing Authority                                  Alexandria                384,750

Arlington County Dept. of Human Services                                         Arlington                   382,489

Big Stone Gap Redevelopment and Housing Auth.                               Big Stone Gap           14,895

Bristol Redevelopment & Housing Authority                                        Bristol                       44,015

Buckingham Housing Development Corp. Inc.                                     New Canton              12,112

Charlottesville Redevelopment & Housing Authority                             Charlottesville           60,969

Chesapeake Redevelopment & Housing Authority                                Chesapeake              273,293

County of Albemarle/Office of Housing                                               Charlottesville           68,308

Covington Redevelopment & Housing Authority                                   Covington                 6,188

Danville Redevelopment & Housing Authority                                      Danville                    202,837

Fairfax County Redevelopment & Housing Authority                             Fairfax                      1,343,712

Franklin Redevelopment and Housing Authority                                   Franklin                     39,053

Hampton Redevelopment & Housing Authority                                    Hampton                   546,358

Harrisonburg Redevelopment & Housing Authority                              Harrisonburg              118,122

Hopewell Redevelopment & Housing Authority                                   Hopewell                    83,304

James City County Office of Housing                                                 Williamsburg               26,718

Lee County Redevelopment & Housing Authority                                 Jonesville                   60,122

Loudoun County Department of Family Services                                Leesburg                   141,428

Lynchburg Redevelopment & Housing Authority                                 Lynchburg                102,166

Marion Redevelopment & Housing Authority                                     Marion                       32,611

Newport News Redevelopment & Housing Authority                          Newport News           457,534

Norfolk Redevelopment & Housing Authority                                    Norfolk                      670,205

Norton Redevelopment & Housing Authority                                    Norton                       13,554

People Inc. of Southwest Virginia                                                   Abingdon                  18,907

Petersburg Redevelopment & Housing Authority                              Petersburg                120,138

Portsmouth Redevelopment & Housing Authority                             Portsmouth               332,279

Prince William County Office of HCD                                              Woodbridge               467,993

Richmond Redevelopment & Housing Authority                               Richmond                  506,406

Roanoke Redevelopment & Housing Authority                                 Roanoke                    250,704

Scott County Redevelopment & Housing Authority                           Duffield                     28,438

Staunton Redevelopment & Housing Authority                                Staunton                   26,821

Suffolk Redevelopment and Housing Authority                                Suffolk                      158,077

Virginia Beach Dept. of Housing & Neighborhood Pres.                     Virginia Beach          363,274

Virginia Housing Development Authority                                         Richmond                 1,381,408

Waynesboro Redevelopment & Housing Authority                           Waynesboro              46,973

Wise County Redevelopment & Housing Authority                            Coeburn                    90,291

Wytheville Redevelopment & Housing Authority                               Wytheville                17,848

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The letter shares a similar goal to a call from the National Governors Association Friday.

A copy of the letter can be found here and below:

Dear Mr. President:

We write to request you restore one hundred percent Federal cost share to all states and territories for use of the National Guard under Title 32 of U.S. Code for responding to coronavirus, which was terminated by your August 3 memorandum for all states and territories except Florida and Texas. The National Guard response has been critical within our states to supporting the health and well-being of millions of Americans. 

Congress has demonstrated repeatedly that we understand 32 USC 502(f) to include the ability for the National Guard, under command of state and territory governors, to respond with Federal resources to disasters that endanger Americans. Most recently, the CARES Act included funding specifically for COVID-19 response for the Army and Air National Guards, as requested by the Department of Defense. You determined to use reimbursements from the Federal Emergency Management Agency at one hundred percent cost share, and the resulting mission has lessened the negative impacts for Americans.

This new determination to reduce the cost share comes at the worst possible time, as positive cases continue to rise, and food security and other basic needs increase due to the ongoing economic impact of the pandemic. Further, by singling out Florida and Texas for a full cost share as other states face challenges of similar magnitude, the decision appears arbitrary and without justification. Exacerbating the arbitrary and capricious decision, the White House on August 7 extended a short term restoration for some states to a one hundred percent cost share through September 30.  This inequity among states is irrational.

We ask that you re-authorize one hundred percent cost share for all states and territories through at least December 31.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA) and Steve Daines (R-MT), members of the Senate Finance Committee, introduced legislation to improve orthotic and prosthesis care for seniors with Medicare health coverage. The Medicare Orthotics and Prosthetics Patient-Centered Care Act would make sure Medicare patients continue to have access to safe orthosis or prosthesis care through healthcare specialists while helping to reduce government fraud and waste.

“Under current law, the provision of highly specialized orthotic and prosthetic care is improperly regulated in the same way as durable medical equipment (DME), which does not reflect the service our seniors receive under the Medicare program,” said Sen. Warner. “This commonsense legislation redesigns the way Medicare delivers orthotic and prosthetic care to ensure seniors have safe access to the care they need without adding any additional cost to the Medicare program.”

The majority of orthoses and prostheses are custom fabricated or custom fitted and require the expertise of a certified or licensed orthotist or prosthetist. However, under existing Centers of Medicaid Services (CMS) regulation, these highly trained practitioners are unfairly treated in the same manner as durable medical equipment (DME). The Medicare Orthotics and Prosthetics Patient-Centered Care Act protects patients by differentiating the clinical, service-oriented manner in which orthoses and limb prostheses are provided in contrast to DME, a commodity that is not service-oriented.

Specifically, the Medicare Orthotics and Prosthetics Patient-Centered Care Act would:

• Create separate statutory requirements for the provision of orthoses and prostheses to reflect the distinction between the clinical, service-oriented nature of orthotics and prosthetics care and the commodity-based nature of DME. 
• Restore Congress’ intended meaning of the term “minimal self-adjustment,” to more clearly define off-the-shelf orthoses that subject to Centers for Medicare and Medicaid Services’ competitive bidding program.
• Ensure that patients have access to the full range of orthotic care from one orthotic/prosthetic practitioner rather than requiring patients to visit multiple providers in the case where the treating orthotist or prosthetist does not have a competitive bidding contract.
• Prohibit the practice of “drop shipping” – shipping a custom orthoses and prostheses to Medicare beneficiaries without the involvement of a clinically-trained specialist – and prohibit drop shipment of off-the-shelf orthoses. 

In a report to Congress, prohibiting the practice of “drop shipping” would help reduce the likelihood of Medicare waste, fraud, and abuse of orthotics and prosthetic benefits by operators of late-night advertisements and telemedicine companies. Just last year, the Department of Justice revealed a $1.2 billion telemedicine scam targeting orthotic and prosthetic beneficiaries.  

In addition to Sens. Warner and Daines, the legislation is sponsored by Sen. Tammy Duckworth (D-IL), Bill Cassidy (R-LA), and John Cornyn (R-TX). Companion legislation was also introduced in the House of Representatives by Reps. Mike Thompson (D-CA), Glenn Thompson (R-PA), and G.K. Butterfield (D-NC).

This legislation has the support of Virginia Prosthetics & Orthotics and the American Orthotic and Prosthetic Association (AOPA).

“Distinguishing Orthotics and Prosthetics from Durable Medical Equipment is the most pressing issue in my profession. The provision of orthotic and prosthetic care includes a professional service component that is simply not the same as DME. The majority of orthoses and prostheses are custom –fabricated or custom-fit and require the expertise of a licensed and certified orthoptist or prosthetist whom must earn a Master’s of Science degree(s) and complete a clinical residency before becoming certified and/or licensed practitioners. Simply put, there is a great deal- sometimes years- of personalized patient care provided by orthotists and prosthetists, and lumping them into DME makes little sense,” said J. Douglas Call, CP, President of Virginia Prosthetics & Orthotics. “I also appreciate Sen Warner’s efforts to reduce Medicare waste, fraud and abuse in the orthotic and prosthetic benefit by banning “drop-shipping” of orthotics. Recently, in the midst of the pandemic, some bad actors have been charged with submitting false and fraudulent claims to Medicare for orthotic braces that were medically unnecessary, ineligible for Medicare reimbursement or not provided as represented. This hurts our profession, but more importantly it hurts patients and must be stopped.”

“The provision of orthotics and prosthetics care requires clinical services provided by highly trained practitioners. Currently, it is unfairly regulated through a DME lens instead of the clinical care lens,” said Jeff Lutz, CPO, President of the American Orthotic and Prosthetic Association (AOPA). “By differentiating the clinical care in which orthoses and limb prostheses are provided from the provision of durable medical equipment, this important legislation will ensure patients get the safe, quality care they deserve.”

Full text of the bill can be found here.

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