TASH Washington Update: Navigating a Shifting Landscape for Disability Rights
Date: March 16, 2026
The political landscape in Washington, D.C., is currently undergoing a period of intense transformation that carries profound implications for the disability community. From increased federal scrutiny of Medicaid integrity to significant realignments within the Department of Education and ongoing legal battles over the fundamental rights guaranteed by Section 504 of the Rehabilitation Act, the stakes for civil rights advocacy have never been higher. TASH continues to monitor these developments to ensure that the voices of individuals with disabilities remain central to the national conversation.
1. Medicaid Integrity: Increased Scrutiny or Targeted Retrenchment?
In a development that has sent ripples of concern through the disability advocacy community, the Centers for Medicare and Medicaid Services (CMS) recently briefed the House Energy and Commerce Committee Majority regarding their intensified focus on Medicaid fraud, waste, and abuse (FWA).
The CMS Strategy
During this briefing, CMS identified six service categories that they allege are prone to high rates of fraud:
- Applied Behavior Analysis (ABA) services.
- Non-emergency medical transportation (NEMT).
- Home and Community-Based Services (HCBS).
- Specialized laboratory services.
- Substance use disorder treatment programs.
- Hospice care.
Congressional Oversight and Targeted Inquiries
Following the briefing, the House Energy and Commerce Committee initiated a formal inquiry, dispatching letters to ten states—primarily those with Democratic leadership. The letters demand answers to ten pointed questions concerning "program integrity."
Critics argue that the Committee is leveraging isolated incidents of fraud to cast a shadow of illegitimacy over essential programs. Each letter asserts that the recipient state "broadly defines Medicaid eligibility and administers several programs that are considered high risk for FWA." By framing broad eligibility as a liability rather than a success in public health, the Committee appears to be signaling a pivot toward stricter, more exclusionary program oversight. TASH is closely monitoring these communications, as they threaten to undermine the security of HCBS, which serves as the bedrock of independent living for millions of Americans with disabilities.
2. Department of Education: Structural Realignment and Oversight
The U.S. Department of Education (DOE) is undergoing a significant bureaucratic transition, characterized by a series of interagency agreements that could fundamentally change how federal education programs are managed.
The HHS-DOE Partnership
On February 23, the DOE released details regarding the transfer of several core programs to the U.S. Department of Health and Human Services (HHS). Affected programs include:
- Project SERV (School Emergency Response to Violence)
- School Safety National Activities
- Ready to Learn Programming
- Full-Service Community Schools
- Promise Neighborhoods
- Statewide Family Engagement Centers
The rationale provided is that HHS is better positioned to integrate these programs into a broader suite of disaster preparedness and response initiatives. However, this raises questions about the prioritization of educational equity. While programs like the Individuals with Disabilities Education Act (IDEA) and Section 504 remain under the DOE’s purview for now, rumors persist that a larger organizational "shakeup" may occur following the upcoming midterm elections.
Legislative Guardrails
To prevent the erosion of congressional intent, the Fiscal Year (FY) 2026 omnibus appropriations act includes strict provisions regarding DOE funding. The Joint Explanatory Statement emphasizes:
- Authorization Requirement: DOE funds are restricted to programs, projects, and activities explicitly authorized by law.
- Prohibition on Delegation: The DOE is barred from delegating its core responsibilities to other agencies without specific legislative approval.
- Oversight: A new mandate requires biweekly briefings to Congress regarding the implementation of these interagency agreements.
These checks are vital. Without them, the fragmentation of educational services risks leaving students with disabilities without clear lines of accountability or advocacy within the federal government.
3. The Section 504 Legal Battle: A Defining Moment
The civil rights of people with disabilities are currently being contested in the federal court system through a significant lawsuit, Texas v. Kennedy (formerly Texas v. Becerra).
The Core of the Challenge
Nine states have filed a complaint against HHS, challenging the updated 2024 federal rules under Section 504 of the Rehabilitation Act. Of particular concern to the plaintiffs is the "integration mandate"—a foundational principle of disability law that protects the right of individuals to receive services in community-based settings rather than being relegated to institutions.
While an earlier iteration of the lawsuit attempted to argue that Section 504 itself was unconstitutional, intense public outcry forced the states to withdraw that specific claim. However, the revised complaint continues to pursue an aggressive agenda:
- Declaring the entire 2024 Section 504 rule unlawful.
- Issuing an injunction to stop HHS from enforcing the rule.
- Preventing the federal government from barring states from placing individuals at "serious risk" of institutionalization.
Call to Action
The states involved in this litigation—Texas, Alaska, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, and South Dakota—are effectively challenging the legal right of disabled individuals to live full lives in their communities. TASH urges advocates in these states to contact their governors and attorneys general to demand the withdrawal of this lawsuit. Resources for this advocacy can be found at dredf.org/protect-504.
4. Homeland Security Shutdown: Human Impact
As the partial shutdown of the Department of Homeland Security (DHS) enters its fifth week, the focus is shifting from political gridlock to the tangible impact on federal employees and the traveling public. With TSA agents missing their second consecutive pay period, the strain on the workforce is becoming unsustainable.
While the shutdown is largely a result of broader congressional impasses regarding international conflicts and domestic funding, the disability community is watching closely. Disruptions in federal operations often have disproportionate impacts on those who rely on federal services for safety and accessibility. TASH will continue to monitor the situation as it develops.
5. Workforce Innovation: New Data from the GAO
The Government Accountability Office (GAO) has released a critical report titled, Workforce Innovation and Opportunity Act: Actions Needed to Ensure People with Disabilities Can Access DOL Programs.
Key Findings
The GAO report provides hard data to support what many advocates have long argued: access is not equality.
- Persistence of Barriers: Between 2021 and 2024, more than 500,000 individuals with disabilities were unemployed and actively seeking work.
- Training Deficiencies: The investigation highlighted that third-party training providers frequently fail to provide adequate accommodations, effectively locking qualified individuals out of the modern workforce.
- Accountability Gap: The Department of Labor (DOL) lacks sufficient oversight mechanisms to ensure that the training programs it funds are fully accessible.
The report concludes that without systemic changes to how the DOL monitors contractors, the promise of the Workforce Innovation and Opportunity Act remains unfulfilled.
Implications for the Future
The convergence of these events—increased investigations into Medicaid, the bureaucratic restructuring of the DOE, the constitutional challenges to Section 504, and the documented failures in workforce accessibility—paints a challenging picture.
The disability community is facing a "perfect storm" of administrative, legislative, and judicial headwinds. TASH remains committed to providing the resources and advocacy support necessary to navigate these threats. We encourage our members to stay engaged, participate in our advocacy campaigns, and utilize the resources on the TASH Advocacy Tools & Resources page.
The struggle for inclusion is ongoing, and in the face of these challenges, unity and vigilance are our most effective tools.
Image Credit: TASH Washington Update logo, featuring the U.S. Capitol and the TASH Möbius strip. Image courtesy of Romain Pontida, licensed under Creative Commons Attribution-ShareAlike 2.0 Generic.
