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Washington Update | August 2026

Posted on by Donald Taylor

The TASH Washington Update logo. A black and white image of the U.S. Capitol building with the TASH Möbius strip behind it.

August 14, 2026

Administration Updates

Update on Olmstead: U.S. Department of Justice Announces it Will Not Rely on Past Guidance

On June 18, 2026, the U.S. Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum arguing that Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act (ADA) do not require states to provide services to people with mental disabilities in the most integrated setting appropriate to their needs. The opinion challenges the long-standing interpretation of Olmstead v. L.C., the 1999 Supreme Court decision recognizing that unjustified institutionalization of people with disabilities can constitute discrimination under the ADA. While the memorandum itself does not change the law or overturn Olmstead, it represents a significant shift in the federal government’s legal position and could have major implications for the rights of people with disabilities to live and receive services in their communities rather than in segregated institutions.

On July 20, the DOJ issued an updated clarification on the “Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C.” in the Federal Register. This announcement essentially states that DOJ h will no longer rely on past Olmstead guidance, which will alter the way the federal government will approach civil rights investigations and compliance issues.

What can be done? TASH must work together with disability and education stakeholders to ensure that people with disabilities know that their rights have not been taken away. This clarification DOES NOT overturn the Olmstead decision, and it still remains law. Additionally, it is important to note that Olmstead, ADA, Section 504 claims can still be brought at both the state and federal levels.

Additional resources:

U.S. Department of Health and Human Services Introduces New Rule Hindering Protections for Kids with Disabilities in Head Start

On August 7, a new proposed rule related to Head Start Program Performance Standards was released by the U.S. Department of Health and Human Services (HHS). The rule is aimed at scaling back detailed federal requirements to give states and local programs more discretion over how Head Start services are delivered. These important requirements give programs specific responsibilities for supporting children with disabilities and give families expectations about what Head Start services should be provided. Without them, more could depend on what a local program knows about disability, what resources it has, and how successfully a family can navigate complicated education and disability systems.

Specifically, Head Start would no longer be required to:

  1. Provide developmental assessments to every child.
  2. Make accommodations so children with disabilities can fully participate in all aspects of the Head Start program.
  3. Follow the current directive that children can’t be turned away because of a disability or chronic health condition.
  4. Follow federal guardrails on temporary suspensions or the current prohibition on expulsion.
  5. Support parents navigating the IEP process.
Medicaid Work Requirement Update

We previously highlighted the new interim final rule on Medicaid work requirements released by the Centers for Medicare and Medicaid Services (CMS) on June 1. The rule adopts a restrictive definition of medical frailty — differing from states’ early expectations. Specifically, the rule will implement a new statutory requirement for certain adults in Medicaid to meet an 80 hours per month work requirement (referred to as work, training, school or volunteering) as a condition of eligibility.

Here are additional updates since July 15:

Capitol Hill Updates

Congress Adjourns for Summer Recess

The Senate adjourned for Recess early Saturday morning, following the House, who adjourned nearly two weeks ago. Prior to their departure, the Senate passed a stopgap Continuing Resolution (CR) spending bill (90-6) to fund the government through December 11. This will take the spending bill saga back to the House when Congress returns in September, as they left after passing a different version of the bill with an earlier expiration date on July 21. The White House indicated it was okay with the Senate-passed stopgap version, so we will have to wait until Congress returns in September to see how a stopgap unfolds. Government funding is currently scheduled to end on October 1.

Senate Committee Moves to Block Transfer of Special Education Programs

On July 30, the Senate Health, Education, Labor and Pensions (HELP) Committee advanced S.5046, bipartisan legislation that would prevent the Department of Education from transferring special education and other K-12 programs to other federal agencies without congressional authorization. The legislation would keep oversight of programs under the Individuals with Disabilities Education Act (IDEA) at the Education Department rather than shifting them over to the Department of Health and Human Services and the Department of Labor. Additionally, the Committee unanimously advanced the Respond, Innovate, Succeed, and Empower (RISE) Act (S.3589) before it left for Recess. The legislation will help ensure a smoother transition for students with disabilities into postsecondary education by allowing an Individualized Education Program (IEP) or Section 504 Plan to serve as documentation of disability when requesting accommodations. This commonsense change will reduce unnecessary barriers and help students access the supports they need to succeed in higher ed.

The committee’s action comes after the House Education and Workforce Committee voted on July 15 to approve 10 bills would permanently move certain K-12 programs, teacher preparation programs, and more from the Department of Education to other federal agencies, effectively working to continue to gut the Department. H.R. 9607, the Less Bureaucracy, Better Workforce Development Act, transfer the functions of the Education Department’s Office of Career, Technical and Adult Education to the Labor Department. TASH is keeping an eye out for any updates to these important developments at both the Congressional and Administrative levels.

Senators Introduce HCBS Access Act

On August 7, 2026, Senators Ben Ray Luján (D-N.M.) and Tim Kaine (D-Va.) introduced the Home and Community-Based Services (HCBS) Access Act in the Senate to expand access to home- and community-based care for older adults and people with disabilities. The legislation would make HCBS a mandatory Medicaid benefit and provide eligible individuals a choice between receiving care at home or in an institutional setting. Specifically, the bill would: (1) make home and community-based care a mandatory Medicaid benefit, (2) gradually eliminate waiting lists for services, (3) strengthen the home and community-based care workforce, and (4) provide greater support for family caregivers. The bill has an additional 15 Senate sponsors and is supported by the disability and communities and workforce representatives.

The HCBS Access Act was also reintroduced in the House earlier this year as H.R. 8540, sponsored by Representative Debbie Dingell (D-MI). The Senate legislation builds on the ongoing effort in both chambers to ensure that people who need long-term services and support can receive them in their homes and communities rather than being forced into institutional settings because community-based services are unavailable.

Additional Resources:

Medicare at Home Act Introduced

On Monday, Representative Dingell (D-MI) and Senator Andy Kim (D-NJ) announced the introduction of the Medicare at Home Act (H.R. 10020/S.5270). The legislation would add a personal care benefit to Medicare Part B to help Medicare and Dual Eligible beneficiaries get the assistance they need with daily activities before they experience financial hardship. The new benefit would work alongside the existing Medicare home health benefit, and Medicaid home-based care coverage would remain available for those who need it.

As Representative Dingell stated, “Whether seniors are aging at home or individuals with disabilities need daily support, care should be accessible and affordable. This bill gives families peace of mind by ensuring Medicare covers the essential in-home support people need to live with independence and dignity. It is a common-sense solution that makes care more affordable for people on Medicare.”

TASH Advocacy Letters

  • TASH joined organizations in supporting the Home and Community-Based Services (HCBS) Access Act, which would expand access to Medicaid-funded home and community-based services for people with disabilities and older adults.
  • TASH joined disability organizations in signing a letter urging Congress to include S. 5046 in the FY 2027 Labor, Health and Human Services, Education, and Related Agencies (LHHS) Appropriations Act. S. 5046 would prohibit the implementation of Interagency Agreements (IAAs) that transfer the Office of Special Education and Rehabilitative Services (OSERS) and other key responsibilities outside of the U.S. Department of Education. The letter emphasizes that keeping OSERS within the Department of Education is essential to maintaining strong federal oversight, coordination, and support for students with disabilities under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and other disability laws. The organizations also expressed concern that transferring these responsibilities to other federal agencies could create confusion, fragment oversight, and disrupt services for students with disabilities and their families.
  • TASH joined disability, civil rights, and education organizations in signing onto a letter opposing the Administration’s efforts to transfer the Office of Special Education and Rehabilitative Services (OSERS) from the U.S. Department of Education (ED) to the Department of Health and Human Services (HHS) and the Office for Civil Rights (OCR) to the Department of Justice (DOJ) through Interagency Agreements (IAAs). The letter emphasizes that transfers could disrupt the coordination of special education, vocational rehabilitation, civil rights enforcement, and employment services and weaken the protections and supports available to students with disabilities. The organizations urged Congress to reject the transfers and preserve the Department of Education’s longstanding role in administering and overseeing federal disability and education laws, including IDEA and Section 504.
  • TASH joined the Consortium for Constituents with Disabilities (CCD) and Disability and Aging Collaborative (DAC) in submitting comments to Centers for Medicare & Medicaid Services (CMS) on the Medicaid community engagement requirements. The letter raises concerns that the Interim Final Rule could create significant barriers to Medicaid coverage for people with disabilities, particularly through restrictive medically frail standards and burdensome verification requirements. The organizations urged CMS to strengthen protections for people with disabilities, ensure access to reasonable modifications and effective communication, and prevent unnecessary loss of Medicaid coverage.

Washington Update logo image credit: Romain Pontida, Creative Commons, Attribution-ShareAlike 2.0 Generic, some modifications.