Why the Tax Cuts and Jobs Act is Bad for People with Disabilities

Legislative Timeline

House of Representatives

  • Nov. 16: House passed its version of the Tax Cuts and Jobs Act

Senate

  • Week of Nov. 27: Senate plans to vote on its version of the Tax Cuts and Jobs Act
  • 51 votes are needed to pass the legislation

Background

The Arc’s longstanding position on tax policy is that it should raise sufficient revenues to finance essential programs that help people with disabilities to live and work in the community. The Arc also supports tax policy that is fair and reduces income inequality; people with disabilities are twice as likely to experience poverty.

Unfortunately, both the House and Senate versions of the Tax Cuts and Jobs Act (H.R. 1, Senate Version) fail to meet either standard. Both bills would dramatically reduce revenue that the federal government uses to pay for critical programs. As the tax revenue decreases it will likely build pressure to cut Medicaid, Medicare, Supplemental Security Income, and other critical programs for people with disabilities to make up for lost revenue.

Why is the Tax Cuts and Jobs Act Harmful?

Congressional BudgetThe House and Senate bills reduce federal revenue by about $1.5 trillion over 10 years. Members of Congress have acknowledged that passing these tax cuts will make it easier to justify spending cuts down the road. The Congressional Budget Office (CBO) also notes that automatic spending cuts may be triggered if Congress does not act to prevent them. These automatic cuts could mean a $25 billion dollar cut to Medicare in 2018. Automatic spending cuts could also slash funds that go to states to operate critical programs such as the Vocational Rehabilitation state grant program and the Social Services Block Grant.

How Do the House and Senate Bills Compare?

The Arc opposes both the House and Senate bills. The chart below is meant to explain the differences between the two bills.

In House Bill In Senate Bill
Repeal of Individual Mandate for health insurance coverage. CBO estimates 13+ million fewer people with health insurance andpremium hikes of 10% in the insurance marketplace. The individual mandate helps ensure that enough healthy people purchase health insurance to keep insurance affordable. x
Repeal of the medical expense deduction. Nearly 9 million filers claim this deduction for medical care expenses that exceed 10% of an individual’s or family’s adjusted gross income. It offsets some of the high out of pocket medical expenses that some people with disabilities incur, such as high cost prescription drugs, long term  physical and occupational therapies, wheelchairs, prosthetics, and long term supports and services. x
Repeal of the Disabled Access Credit (DATC). The DATC assists small businesses in meeting obligations under the Americans with Disabilities Act (ADA). It allows small businesses (with < 31 employees and gross receipts < $1 million a year) to claim a tax credit. The credit provides 50% of eligible expenditures between $250 and $10,000 for a maximum of $5,000. x
Repeal of the Work Opportunity Tax Credit (WOTC). WOTC is available to employers for hiring individuals from certain target groups, including people with disabilities. The WOTC for people with disabilities provides a credit for up to 40% of the first $6,000 in wages, for a maximum of $2,400 for SSI beneficiaries but up to $9,600 for certain disabled veterans. x
Reduce affordable housing production under the Low-Income Housing Tax Credit (LIHTC) program. LIHTC funds the creation of affordable housing across the country. Both the House and Senate bills would make changes to the LIHTC program that would reduce the number of affordable housing units produced. Changes proposed by the Senate bill are estimated to reduce units produced by roughly 300,000 over the next 10 years. The House bill has proposed even more dramatic changes, estimated to reduce units produced by nearly 1 million over the next 10 years. x x
Reducing incentives for charitable deductions. Raising the standard deduction could reduce the number of taxpayers who itemize deductions – including charitable donations – from the current 30% to 5%. Combined with a decrease in the top marginal tax rate, the disincentive to itemize would reduce charitable giving by $4.9 billion to $13.1 billion annually. Many of the providers of services to people with disabilities are non profits that rely on charitable giving. x x
Repeal or limit Orphan Drugs Credit. Businesses can receive this credit for clinical testing expenses for certain drugs for rare diseases or conditions. It is estimated that if the orphan drug credit were repealed one-third fewer drugs addressing rare diseases would be developed in the future. x
Repeal
x
Limit
Creation of an inadequate paid leave tax credit. The Senate bill would create a two-year employer tax credit for paid family and medical leave expenses, modeled after the Strong Families Act. As structured, this tax credit is likely to primarily subsidize companies that already offer paid leave or that would have chosen to offer new or expanded paid leave benefits without a tax credit. This means that, in addition to losing revenue, the proposal would do little to reduce current gaps in access to paid leave that particularly impact workers with disabilities and their families. x

 

The Arc Responds to Bipartisan Health Care Legislation

Washington, DC – The Arc released the following statement in response to Senator Lamar Alexander (R-TN) and Senator Patty Murray (D-WA) releasing bipartisan health care legislation:

“The Arc commends Senators Lamar Alexander and Patty Murray for their bipartisan work on health care. Together they have developed legislation that continues the cost-sharing reduction payments that help low income people access affordable health insurance for two years. Stopping these payments raises concerns about insurers significantly raising premiums or dropping out of the market place. A short-term extension will help stabilize the market place.

“The Arc encourages Congress to continue to work in a bipartisan manner on health care issues. People’s lives are at stake and we need a solution that supports all citizens including people with intellectual and developmental disabilities and those with significant medical needs. We appreciate the leadership shown by Chairman Alexander and Ranking Member Murray of the Senate Health, Education, Labor and Pensions Committee,” said Peter V. Berns, CEO of The Arc.

The agreement that Senators Alexander and Murray announced would also partially restore federal funding to the Department of Health and Human Services for consumer outreach and education and enrollment assistance. These services, which were cut earlier this year, help people enroll and understand the different plan options available. Restoring funding for these programs will be critical to ensuring the expansion of health care coverage and to reduce the number of uninsured people.

The bill also makes changes to the Section 1332 state waiver process. Section 1332 was included in the Affordable Care Act (ACA) to give states the option to experiment with other health coverage models as long as they maintain access to high quality, affordable health care, and maintain the consumer protections in the ACA. The proposal would keep the consumer protections in Section 1332 but streamlines the administration of the waiver.

The Arc advocates for and serves people wit­­h intellectual and developmental disabilities (I/DD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of over 650 chapters across the country promoting and protecting the human rights of people with I/DD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

October 6, 2017 – The Arc’s Statement on House Passage of its Fiscal Year (FY) 2018 Budget

Washington, DC – Federal budgets lay out the Nation’s priorities for spending and revenue for the decade ahead. The one passed this week by the House of Representatives reflects priorities that can do real and lasting harm to people with intellectual and developmental disabilities (I/DD). Entitled “Building a Better America,” this FY 2018 budget would most benefit our wealthiest citizens and it would create a far worse America for most people with intellectual and developmental disabilities (I/DD) by prioritizing tax cuts for corporations and the wealthy over funding for critical disability programs.

The House of Representatives officially began the process of developing a budget for Fiscal Year 2018 by passing a budget resolution that includes provisions which would undermine the foundation of community living for people with I/DD for the second time this year. People with I/DD, their families, caregivers, service providers, and advocates have barely had time to rest from battling to protect Medicaid from massive cuts and fundamental restructuring based on similar language from the joint House-Senate budget resolution for FY 2017 earlier in the year.

The Senate is now working on its version of a budget resolution and, once passed, the House and Senate will have to negotiate which version to adopt or whether to jointly adopt a compromise version. Advocates will continue to oppose inclusion of language deemed harmful to people with disabilities.

The Arc Makes a Statement on Employment

Late last week, The Arc submitted a formal statement to the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) to be recorded as testimony in the record of the hearings held to draw attention to the critical issues of employment of people with intellectual and developmental disabilities (I/DD).

We took this opportunity to go on record with The Arc’s position that people with I/DD have a fundamental moral, civil and Constitutional right to be fully included and actively participate in all aspects of society, including having the opportunity to be competitively employed. We pointed out the dismal statistics concerning the state of employment of working age adults with I/DD and urged specific reform in several key areas of public policy. We highlighted the work The Arc is doing to identify and promote best practices in helping people with I/DD become successfully employed through programs such as School-to-Community Transition funded by a grant from the Walmart Foundation. And we advocated for forceful, coordinated efforts to build up opportunities for integrated community employment.

We were grateful for this opportunity to be heard by our Congressional leaders and we urge them to take our advice. But our voice becomes louder and stronger when joined by our supporters on the grassroots level, so we encourage you to read the full statement, find out more about the issues at hand and take every opportunity to let your elected officials and community leaders know you support full inclusion for people with I/DD, including but not limited to opportunities for competitive employment. Visit www.thearc.org for more information.