USVI Public Records

Document text

36-0035 TESTIMONY JULIEN E. HENLEY SR. TERRITORIAL ADA COORDINATOR APRIL 22, 2025 BILL NO. 36TH LEGISLATURE OF THE VIRGIN ISLANDS COMMITTEE ON HEALTH, HOSPITALS, AND HUMAN SERVICES THE HONORABLE RAY FONSECA Testimony on Bill No. 36-0035 Territorial ADA Coordinator Julien E. Henley Sr. April 22, 2025 1 of 3 BILL 36-0035 PRESENTATION OFFICE OF THE GOVERNOR Submitted by: Julien E. Henley Sr. Territorial ADA Coordinator Good afternoon, Honorable Chairman Ray Fonseca, members of the Committee on Health, 1 Hospitals, and Human Services, other esteemed Senators present, my fellow testifiers, and the 2 listening and viewing public. 3 I am Julien E. Henley Sr., Territorial ADA Coordinator for the Government of the Virgin 4 Islands. I thank you for the invitation to provide testimony today regarding Bill No. 36-0035, 5 which seeks to implement the federal Stephen J. Beck, Jr. Achieving a Better Life Experience 6 (ABLE) Act here in the Virgin Islands. 7 This proposed legislation is not only timely—it is transformational. The ABLE Act allows 8 eligible individuals to open tax-advantaged savings or checking accounts for qualified disability 9 expenses (QDEs). This addresses a long-standing financial bias faced by individuals with 10 disabilities: the inability to save for their future without jeopardizing access to critical federal 11 benefits. It empowers individuals with disabilities to begin planning and securing their financial 12 future with greater independence and confidence. 13 It is important to note that not all qualified disability expenses are directly disability specific. 14 Rather, they can go beyond an account owner’s medical needs and offer flexibility for family, 15 encompassing a wide range of services that improve the quality of life, independence, and 16 overall wellbeing of a qualified person with a disability. QDEs should be broadly understood as 17 “basic living expenses,” including financial management, medical care, housing, transportation, 18 training and support, assistive technology, education, legal services, funeral expenses and more. 19 Testimony on Bill No. 36-0035 Territorial ADA Coordinator Julien E. Henley Sr. April 22, 2025 2 of 3 Eligibility may be established in one of two ways: either through current receipt of Social 20 Security Disability Insurance (SSDI) qualifying documents or by obtaining a certificate from a 21 licensed physician confirming the diagnosis and attesting that the individual has a severe 22 functional limitation with an onset before age 26. 23 ABLE account candidates must have a disability that began before the age of 26. However, 24 beginning January 1, 2026, that eligibility threshold will be raised to age 46, expanding access to 25 more individuals. This adjustment increases the importance of our timely passage and 26 implementation of this bill. 27 While I recognize the Department of Finance’s central role in managing government funds, I 28 would respectfully express my reservations regarding its serving as the primary administrator for 29 the ABLE program. Administering such a program goes beyond transactional oversight, and 30 considering the current state of affairs, capacity might be an issue. Further clarity is needed on 31 the number of staff and the management structure that will be required to carry out this 32 responsibility effectively. 33 Because ABLE accounts will contain sensitive personal and medical information, it is essential 34 that privacy protections are clearly defined and strictly enforced. This includes restricting access 35 to authorized personnel only and ensuring that all staff who interact with ABLE participants 36 receive appropriate disability sensitivity training. 37 As the Territorial ADA Coordinator, I also want to emphasize the importance of ensuring a 38 dignified and supportive experience for ABLE account holders. Many individuals qualified for 39 this program may be first-time banking customers. They may be unfamiliar with savings 40 products or investment terms. As such, our local institutions and government must offer 41 accessible education, simplified materials, and customer service that reflects patience, respect, 42 and understanding. 43 Testimony on Bill No. 36-0035 Territorial ADA Coordinator Julien E. Henley Sr. April 22, 2025 3 of 3 Once an ABLE account is established, family and friends can contribute to the account, provided 44 contributions do not exceed the annual limit set by the federal government. These accounts may 45 also include investment options, depending on the financial institution managing the account. 46 In conclusion, I commend Senator Novelle Francis, Jr. and Co-Sponsor Senator Marise James for 47 their vision and leadership on this matter. By passing Bill No. 36-0035, the Virgin Islands sends 48 a clear message: that we recognize the rights of persons with disabilities not only to live 49 independently but also to plan financially for their future with dignity. 50 With a clearly structured plan, I believe the Virgin Islands can implement a successful 51 ABLE program. Thank you for your attention and for your continued commitment to an 52 inclusive Virgin Islands, and I am available to answer any questions you may have. 53