Tag Archives: Legislation

ABLE Act Set to Help Save for Child’s Disability-related Expenses

Today’s post comes from guest author Todd Bennett, from Rehm, Bennett & Moore.

The Achieving a Better Life Experience Act (ABLE) was recently passed by Congress and signed by President Obama.

This legislation matters to us because some clients may have a child or children who qualify for an ABLE account.

“The ABLE Act aims to provide families of a severely disabled child with some peace of mind by allowing them to save for their child’s long-term disability expenses in the same way that families of able bodied children can currently save for college through popular 529 investment plans,” according to information on North Carolina Sen. Richard Burr’s website (link is below).

There are a lot of details available on the internet about the act, and some of it is conflicting, as “passage of legislation is a result of a series of compromises,” as noted in the National Down Syndrome Society’s (NDSS) excellent resource article that is linked to below.

One of those limitations is that a person must have a qualified disability diagnosed before turning 26 to have an ABLE account, according to Sen. Burr’s website.

Here are some more links with information that I thought would be most helpful to those who are looking for more details to see if the act’s passage can help a loved one.

This link has detailed information about the act, including its text and history, from Congress.gov. https://www.congress.gov/bill/113th-congress/house-bill/647 H.R.647 – 113th Congress (2013-2014): ABLE Act of 2014 | Congress.gov | Library of Congress

Sen. Burr was a co-sponsor of the bill, along with Sen. Bob Casey of Pennsylvania. Burr’s link has information that includes details on who is eligible for an ABLE account and what are considered “qualified disability expenses.” http://www.burr.senate.gov/public/_files/ABLE%20Act%20Summary%20–%20NH%2011-19.pdf

“ABLE accounts would be a savings vehicle for disability-related expenses that will supplement, but not supplant, benefits provided through private insurances, the Medicaid program, the supplemental security income program, the beneficiary’s employment, and other sources,” according to the site above.

Via the National Down Syndrome Society (NDSS): Achieving a Better Life Experience (ABLE) Act http://www.ndss.org/Advocacy/Legislative-Agenda/Creating-an-Economic-Future-for-Individuals-with-Down-Syndrome/Achieving-a-Better-of-Life-Experience-ABLE-Act/

I thought the section of “10 Things You Must Know” was most helpful, with more details about the who, what, when, where and why of the accounts.

Via the National Association of Injured and Disabled Workers (NAIDW):  Achieving a Better Life Experience (ABLE) Act https://www.naidw.org/groups/viewdiscussion/1770-achieving-a-better-life-experience-able-act?groupid=144

Via disabilityscoop: The Premier Source for Developmental Disability News: Obama Signs ABLE Act http://www.disabilityscoop.com/2014/12/22/obama-signs-able-act/19935/

“People with disabilities may be able to start opening ABLE accounts as soon as 2015. However, some hurdles remain. While the new law alters federal rules to allow for ABLE accounts, each state must now put regulations in place — much as they have done for other types of 529 plans — so that financial institutions can make the new offering available,” according to the site above.

As is evident from the links above, more groundwork needs to be done to implement the law, so I would encourage those with questions to learn more about the accounts by contacting an accountant or a lawyer who is an expert in life care and special needs.

So if you, a loved one, and/or a friend, are receiving workers’ compensation benefits, but are worried about losing necessary current benefits for your disabled child because of limitations in what you can save or spend, an ABLE account may be just the thing for your situation.

Proposed House Chemical “Reform” Legislation: A Step Backward for Health and Safety

Today’s post was shared by Gelman on Workplace Injuries and comes from www.foreffectivegov.org

Today’s post is shared from foreffectivegov.org

Rep. John Shimkus (R-IL) released a draft bill entitled the Chemicals in Commerce Act (CICA) on Thursday, Feb. 27 that provides no significant improvements in protecting public health and the environment from toxic chemicals. Many of the provisions in the draft bill maintain the already deficient approaches to health protections now included under the 1976 Toxic Substances Control Act (TSCA), our nation’s outdated and ineffective chemical safety law. Even worse, aspects of the legislation would weaken TSCA and undercut current protections provided by states that have adopted more stringent chemical laws.

Many of the problems posed by provisions of S. 1009, the Chemical Safety Improvement Act (CSIA), are also apparent in CICA. Among many deficiencies, the bill would prevent states from regulating chemicals classified by the U.S. Environmental Protection Agency (EPA) as “low priority” risks, as well as preempt the ability of states to adopt requirements for “high priority” risk chemicals that are more protective than those established by EPA. CICA continues the existing law’s perverse approach to establishing safety standards, in which the burden of proof falls on the EPA to prove a chemical poses an “unreasonable” health risk, rather than on chemical companies to prove the safety of their products.

Other shortcomings of CICA include:

  • The bill provides no deadlines for the EPA to assess the potential risks of…

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