Breaking News Of Interest Or Help To You 2003
or 2004 go to this link:
2003-04 June to June

06/03/03 - DAC Bulletin V3-#91 - "I Seem to Recall That Happening"...only in NJ...
06/01/03 - DAC News V3-#90 - Batchmail - HBOT - Dead? - Action Alert - FL Care - Study->
05/29/03 -  DAC News V3-#89 - New Freedom Award - Imparato - Fraud - DOJ - W/chairs->
05/23/03 - DAC Bulletin V3-#88 - GREAT NEWS ON MEDICAID
05/22/03 - DAC News V3-#87 - No Low HUD Loans - Rx Info - Conf. - Grants - Voting-> 
05/19/03 - DAC News V3-#86 - Hi Gov - Velcade - NJ Update - Survey - Update - ADA-> 
05/16/03 - DAC News V3-#85 - Local AT&T - New MS Treatment - Survey - Walk to DC->
05/12/03 - DAC News V3-#84 - NJ Lies About Care - Segway - Global Access - Autism-> 
05/09/03 - DAC News V3-#83 - NV ADA - Public Forum - Deaf Activ's - NCAHB - SS News->
05/06/03 - DAC News V3-#82 - OR Cuts - ADA Updates - Research - Elderly - Events-> 
05/01/03 - DAC News V3-#81 - Sutton - HBOT - SS #5 - Bush Mem. - News - Deaf - Europeds-> 
04/29/03 - DAC News V3-#80 - Housing Funds - CO Genocide? - Jobs - News - NCD->
04/25/03 - DAC News V3-#79 - Update Baby Logan - Stop Sutton - Help OR - S. Court->
04/23/03 - DAC News V3-#78 - IDEA - News - Grants - Deaf Advocates - Recources ->
04/22/03 - DAC News V3-#77 - SS Future - Mortage - Billing - MiCASSA - Writers - S. G.-> 
04/17/03 - DAC News V3-#75 - SS #3 - Phys. Act. & Disability - SS News - Self Care ->
04/12/03 - DAC News V3-#76 - SS #2 - Sutton - MiCASSA - HBOT - Deaf Sue U.P.S.->
04/08/03 - DAC News V3-#74 - Autism Mo - Info - SS Beginnings - UD - Cure ALS/SCI?-> 
04/05/03 - Follow-up to DAC Buletin #73 -- DYFS Continues To Allow Abuse in NJ
04/05/03 - DAC Bulletin V3-#73 - The Drug of Choice in Many Institutions
04/03/03 - DAC News V3-#72 - SL - AL ADA - Listserv - Links - ADA Updates - SS News->
03/28/03 - DAC News V3-#71 - Web Resources - Conf. Call - Housing - Respite - Exercise->
03/25/03 - DAC News V3-#70 - Free Pub. - $93B? - KidsNews - Visitability - War 
03/20/03 - DAC News V3-#69 - War - Medicaid Cuts - SS - MRC - Web - Gold's Webcast-> 
03/18/03 - DAC News V3-#68 - DAC Sued? - Alert - Myths - SS Updates - Medicare Solvent?->
03/14/03 - DAC News V3-#67 - Homebound Update - AAPD - Access Update - NH Loses->
03/19/03 - DAC Bulletin V3-#66 - ANOTHER DEATH AT BANCROFT IN NEW JERSEY 
03/12/03 - DAC News V3-#65 - CA Apoligizes - Organize - March - Info - Scholarships-> 
03/11/03 - DAC Bulletin V3-#64 - Living and Dying in New Jersey Institutions
03/10/03 - DAC Bulletin V3-#63 - New Jersey Abuse and Neglect Apparently Continues
03/09/03 - DAC News V3-#62 - Respite - Walk to DC - SS News - Medicaid Adrift? ->
03/05/03 - DAC Bulletin V3-#61B - New Jersey Working to Remediate Problems of Abuse
03/04/03 - DAC News V3-#61 - Warner Rebukes Kilgore - CA Speaks - IRS Scams - ADA->
03/02/03 - DAC News V3-#60 - CA Drops ADA Case - WAPD - Rally - OR Budget - Phys-> 
02/28/03 - DAC News V3-#59 - Jobs - Various News - Xchange Program - Hud - Kids News->
02/24/03 - DAC News V3-#58 - IRS - ADA Tech. - News - Webcasts - Housing - RN's->
02/21/03 - DAC News V3-#57 - Dating - Info On HH Providers - Internship - Stories->  
02/19/03 - DAC News V3-#56 - Hearing Aids - Ph's 4 Speech - Aid 4 Students - Free Repairs->
02/13/03 - DAC News V3-#55 - Save Medicaid - Homebound - Free - Grants - Housing-> 
02/10/03 - DAC Note V3-#54 - Nick Dupree and next steps 
02/10/03 - DAC Bulletin V3-#53 - CA Advocate Offers To Assist New Jersey
02/09/03 - DAC News V3-#52 - Grants for SCI & TBI's - Helpless - Sp. Ed. - HUD - Rx's->
02/07/03 - DAC Bulletin V3-#51 - New Jersey Governor Remains Silent
02/07/03 - DAC News V3-#50 - Fund Medicaid - ADA - Updates - Phys Act. - NY Mental Care->
02/05/03 - DAC News V3-#49 - Medicaid - NH Waste $ - SSI - 504 - MR/Austism - March->
02/04/03 - DAC News V3-#48 - Wasted $'s NH's - Free Repairs - Nick fights 4 life - Rx's->
02/02/03 - DAC Bulletin V3-#47 - Oregon Stakeholders Fighting To Keep Their Healthcare
02/01/03 - DAC News V3-#46 - Shuttle Tragedy - Free Hearing Aids - Housing - NVRC-> 
01/30/03 - DAC News V3-#45 - 4 VA Legislators - Mortgage Assistance - Dir. - News - Meds -> 
01/27/03 - DAC Bulletin V3-#44 - NJ Governor won't talk of deaths & abuse to the MR/MI
01/27/03 - DAC News V3-#43 - VA Profile - ADA Alert - Tech Web - Grants - Chronic Care-> 
01/25/03 - DAC News V3-#42 - Free Book - Web Stuff- NH Vacancies - Sports - Kids->
01/23/03 - DAC Bulletin V3-#41 - Allegations of Abuse, Deaths Still Go Unanswered in NJ 
01/21/03 - DAC Bulletin V3-#40 - Allegations of Abuse Worsen in New Jersey

01/21/03 - DAC News V3-#39 - Home Access - Medicaid Survival - ADA - News4Kids->
01/18/03 - DAC News V3-#38 - Medicaid Can't Deny Services - SS News - Hearing Aides-> 
01/15/03 - DAC News V3-#37 - On A Roll - Dis. Etiquette - Studies - Free Arthritis Drug->
01/13/03 - DAC News V3-#36 - Volunteers - Pressure Sores - Training - Care - Listserv->
01/09/03 - DAC NEWS V3-#35 - Easy Home - Ritalin Rebuttal - Donor - IL Net - HHS-> 
01/08/03 - DAC Bulletin V3-#34 - Allegations of Abuse Surface in New Jersey
01/06/03 - DAC News V3-#33 - Free - NW ADA News - Autism - Ritalin Kills? - Conf.->
01/02/03 - DAC News V3-#32 - Nat. Eugenics Apology - Click - Jobs - ADA - CPS ->

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DAC Bulletin V3-#91  Tuesday, June 03, 2003   
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DAC was asked to wait and we did wait for 2 months while Governor James E. McGreevey and his Commissioner Gwendolyn Harris of the DHHS investigated the abuses and deaths of those unfortunate people that happened to live in group homes and other institutions.  The result of our wait was a duplicated form letter sent to us by Ms. Harris stating "there were no signs or indications of any wrongdoing in any institutions in New Jersey."

I suppose Ms. Harris and Governor McGreevey have not been reading their local and state newspapers or national advocacy bulletins stating otherwise.  Do they actually believe that nobody has noticed the deaths they are denying?  Perhaps they should read this law that Senator Vitale is proposing:

"Senator Joseph Vitale has committed to posting Danielle's Law A3458/S2572 which requires facilities and certain staff working with people with disabilities to call 911 emergency telephone services in life threatening emergencies on Monday, June 9, 2003 to hear testimony in the Health, Human Services and Senior Citizens committee which he co-chairs."

Why is Senator Vitale proposing a law to protect NJ's most vulnerable citizen's if nothing is wrong?  Apparently this senator takes life issues more seriously than Governor McGreevey and his flunky political appointee's because they've been ignoring these issues for over 2 years now. 

DAC first reported these stories on January 08, 2003, followed by January 21, 2003, January 27, 2002, February 7, 2003, February 10, 2003, March 5, 2003, March 10, 2003, March 11, 2003, March 13, 2003, April 5, 2003, and again today June 3, 2003. 

Eleven letters have been written but so far nothing but lies has been forthcoming. We WILL continue writing about the abused in New Jersey until these issues ARE resolved, be it 11 letters or 11,000 letters, we will NOT stop. 

Your VOICES are being heard so keep organizing and write or call!  DAC can help lead the way but YOU must help too. Together we ARE making a difference!

DAC is still providing you with ALL of your state legislators email addresses at the end of this report so you can start writing to them as well as the governor.

Since these emails are often forwarded to others you can also receive them too by simply writing to us at: dac4va@aol.com  and putting "subscribe" or "unsubscribe" in the title line or body.  Thank you.

Keith Kessler - DAC

=========================================================
"I Seem to Recall That Happening"
by
MaryEllen Matthews

Last week, New Jersey Governor James E. McGreevey's office was contacted to see when remediation of most egregious abuse of children and adults affected by developmental disabilities would occur. 

Governor McGreevey's Aide Tom Conner said, "Oh, I seem to recall something about that," when reminded about the deaths of a 14 year old young man, Matthew Goodman, and a young woman in her thirties, Danielle Gruskowski in the year 2002. 

I repeat for the horrific emphasis of the Governor's Aide, "Oh, I seem to recall something about that." When reminded about a death in an assisted living facility at another Bancroft home, he again seemed to have recall about these horrible and treacherous incidents against people.

When reminded Bancroft had been levied with a fine well in excess of one-hundred-thousand-dollars yet to be paid, he had no answer for when Bancroft would pay the fines.  What other organization or corporation escape such an act?

As for the Governor's aide "seeming to recall the deaths," this writer felt absolutely sick to her stomach.  How does anyone "forget" or need "prompting" about the deaths of two young people in their prime?  How could anyone forget?  What about the death this year in an assisted living facility?

What about reports of staff members at Bancroft who are lacking in credentials?  What about staff members who are lacking in the required education and certification? Is it any wonder there are deaths and repeated deaths?

There have been deaths and yet another death.  Has the staff not been trained to notice a "flat affect" if someone is suicidal?

How has the staff been trained and who trains the staff?  Why hasn't Bancroft been required to pay the fines levied?

It seems Governor McGreevey and staff members seem more interested in the rights of animal abuse than the rights of people who are abused and allowed to die in restraints, both chemically and physically.  Had these people been animals, it seems the Governor's staff would have rallied to the cause and "saved the animals," but not the people.

Had this been a book club, it seems more interest would have been shown and prompting unnecessary?  A Governor's Aide would not have replied, "Oh, I seem to recall something about that."

Where is Department of Human Services Gwendolyn Harris in all of this?  Repeated calls have been placed to her office, always with the promise of hearing from her.  To date, a "form type letter" to Keith Kessler and to myself have been received.  There have been no phone calls from her.

All is NOT well, Governor McGreevey and Commissioner Harris.  I ask again, When WILL the remediation of the horror in New Jersey be made okay?

Governor McGreevey, when will you show care for people who are developmentally disabled?  Until the needs of the people of New Jersey are met you have a duty to protect those most vulnerable.

It is beyond time to meet those needs.

MaryEllen Matthews is a freelance writer and reporter for DAC, disabled ACTION committee.  You may reach her at MMEMFISH@aol.com

=========================================================
Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email:  DAC4VA@aol.com

Website:  http://members.aol.com/DAC4VA/main.htm 

**Some people grin and bear it.  Others smile and change it.**

++
========================================================
DAC News V3-#90   Sunday, June 01, 2003   
========================================================
I've been looking for a batchmail site since "blaster" went out of business.  Well, a reader informed me of this excellent site http://www.governmail.com/  which will not only reach all of our Congressman, Senators, President and so on but you can also write to foreign leaders around the world along with newspapers too.  There is much more available at this site and I highly recommend it.  (Thax S.T. SU)

Our friends from NDSU ask your help in signing a petition concerning IDEA and the changes our legislators are wanting to make to this important legislation for the disabled learning students.  I urge you to take a couple minutes and sign. Here's a note from Sarah:

"We now have 2 different petitions available online that call for Congress to support/enforce I.D.E.A, and not weaken it in any way during the reauthorization process. One version of the petition is written by and for students with disabilities (with all our passion, fighting words, and color commentary), and another petition is now available for allies as well (which is a bit more conservative and palatable to the government/non-student population). We need the support of *everyone* if we are going to win this fight."

To sign the STUDENT petition online, go to:
http://www.thepetitionsite.com/takeaction/187827510

To sign the joint student/ALLY petition online, go to:
http://www.thepetitionsite.com/takeaction/441700272

And we still seem to have accounting practice troubles in southern Virginia at the CVCS and here's an interesting story to read.  I wonder what gives here?

CVCS OKs $20.4 million budget
By Cynthia T. Pegram
Lynchburg News and Advance
Friday, May 30, 2003
The 2004 CVCS budget of $20.4 million is a leaner version of last year’s  by about $4 million.

Read more here:
http://www.newsadvance.com/servlet/Satellite?pagename=LNA%2FMGArticle%2FLNA_BasicArticle&c=MGArticle&cid=1031769686960&path=!frontpage

You've heard me talk about Hyperbaric Oxygen Treatments (HBOT) in the past and our 1st story tells of a place in North Carolina that offers some great deals.  HBOT offers much hope and has been proven to help children (and adults) with CP, TBI's, Strokes, Parkinsons and so much more.  Read and be educated....   

Much more news so read, enjoy and comment if you wish:)

Keith-

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1.  HBOT AT MIRACLE MOUNTAIN
2.  WHEN IS DEAD, DEAD?
3.  TIMING IS NOW -- GOVERNORS TO ACT MONDAY OR TUESDAY
4.  HHS ALLOWS FLORIDA TO USE CONSUMER DIRECTED CARE
5.  HHS HELPS UTAH WITH INSURANCE FOR LOW INCOME
6.  MENTOR RECRUITMENT YOUTH LEADERSHIP FORUM
7.  PARTICIPANTS NEEDED FOR SOCIAL SUPPORT & PARALYSIS STUDY
========================================================
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HBOT AT MIRACLE MOUNTAIN
********************************************************
As most of you know one of the foremost goals at Miracle Mountain is to work with children with brain injury and provide a program that will be as inclusive of therapies that blend together and compliment each other as possible.    After a lot of research and study we are now adding a new therapy at Miracle Mountain. 

Craniosacral therapy will now be included as a part of our program.  We just finished a session with one of our clients who is very knowledgable on the subject as well as experienced and her impressions of our therapist as compared to other therapists was excellent.   She expressed it was the "best I have seen anywhere".   We have been searching for someone who works especially well with children as well as adults and finally have made a decision.  This will be done each week while at MM.

For children, there will be no additional charge for this therapy.  For adults there will be an additional fee.  

We are very excited about the combination now offered at Miracle Mountain:
1.)    HBOT
2.)    Oxy-Sound Harmonics Program
3.)    Essential Oil Massage Therapy and Training program
4.)    and now.....Craniosacral Therapy       
5.)    Free housing
6.)    We are now recieving free dinners and admittance passes for our clients from local attractions and restaurants. 

In addition, we will soon be announcing our new coop prices for all the above.  We are presently doing a cost study, which is done on a quarterly basis to arrive at the new fees.  

We are full until July 13 and only have a couple of spaces left then, so please do not think we are doing this just to drum up business.  We have business.  We do not have to advertise.  Our interest is in building a combination program over a 3 week period which will be the most effective for children with brain injury.   Whether it be CP, near drowning, pvl, autism, tramatic injury, or whatever the problem may stem from which causes the injury, we want to see results and improve the quality of life for the child.

Yes, we do take adults but we only allow so many slots per year for adults.  

Oh yes, we believe in Prayer. 

Robert Hartsoe
Miracle Mountain of NC
www.miraclemountain.org

********************************************************
WHEN IS DEAD, DEAD?
********************************************************
Court Decides When "Being Dead" Is

After her husband died in 1977, Doris Cornwell began receiving surviving spouse benefits under the AFL-CIO Staff Retirement Plan for Employees, of which her husband was a member. The Plan entitled her to receive these benefits during her "lifetime."

In early June 1982, Doris vanished. Apart from an alleged sighting soon after she disappeared, no one saw or heard from her again. After learning of her disappearance, the Plan Trustees suspended payment of her benefits, but said that if she reappeared the suspended payments would be disbursed.

Fifteen years later, the Arlington County Circuit Court in Virginia declared Doris "presumed dead." The administrator of Doris' estate, Therese C. Fuller, submitted a claim to the Trustees for the payment of benefits that had accrued from November 1982 to March 6, 1998, the date of the court decree.

The Plan Trustees requested Ms. Fuller to submit proof that Doris was eligible to receive benefits during her 15-year absence. The only materials her executor submitted, however, were a copy of the court decree, and a letter recounting Doris' disappearance and the fruitless searches for her. Ms. Fuller claimed that under Virginia law Doris was not presumed to be dead until the court declared her dead. She was therefore entitled to payment of benefits.

Nonetheless, the Trustees denied Fuller's claim, partly on the ground that Fuller had provided no evidence indicating that Doris remained alive after her disappearance.

The estate sued the Plan Trustees, arguing that the Trustees' rejection of the claim was unsupported since Doris was presumed to be alive until the Virginia court issued the declaration in 1998. The federal district court granted summary judgment for the Trustees because there was no evidence that Doris was alive during the period for which benefits were claimed.

Ms. Fuller appealed to the federal Circuit Court of Appeals for the District of Columbia. She pointed out that under the law, Doris was presumed to be alive for seven years following her disappearance. Accordingly, in the absence of evidence to the contrary, the Plan Trustee had to act on the basis that Doris was alive for the seven years following her disappearance.

The appeals court rejected Ms. Fuller's reasoning. Although some courts would order payment of benefits for seven years, said the court, the D. C. Circuit has not followed this line of cases.

Interpreting District of Columbia law, the court held that the presumption of death extends only to the fact of death; it establishes no presumption as to the time when death occurred. Once the presumption of death is triggered, the decedent is no longer presumed to have been alive during the seven years following her disappearance. The only presumption is that she is dead -- there is no presumption, in other words that Doris died on any particular date.

Because the date of Doris' death was a question of fact, that question had to be resolved on the evidence submitted to the Trustees. How, then, can her estate ever prove the date of Doris' death?

The AFL-CIO Plan designates the Trustees as "the sole judges of the standard of proof required" to support a claim for Plan benefits, and authorizes the Trustees to request any information or proof reasonably required to determine" a claimant's rights to benefits. Despite the Trustees' request, Ms. Fuller provided no evidence that Doris lived after she disappeared. If she had presented such evidence, said the appeals court, the presumption of Doris' death would have arisen at some time later than seven years after her disappearance.

Fuller v. AFL-CIO, May 16, 2003.
(thax Elderfax)

********************************************************
TIMING IS NOW -- GOVERNORS TO ACT MONDAY OR TUESDAY
********************************************************
As will be explained, the NGA Medicaid task force, which is made up of five Republican governors and five Democratic governors, could finalize a proposal as early as Monday, June 2 or Tuesday, June 3. We absolutely must generate as many calls or faxes TODAY as possible.

If you don't have time to read everything in this Alert, all you really need is items (1) Timing (2) Background and (3) Template. Then you'll find the phone number you need in (4) Contact information. Items (5) and (6) are simply provided as further background.

All that we are asking is one phone call and we've given you the language in (3), below. Numbers count!  THANK YOU!!!!!!!

Calls or faxes are absolutely necessary. There is no time for sending anything by mail. Contact information for your Governor follows.

Here's what you can say or write,
"Please reject any National Governors Association Proposal that caps Medicaid funding -- all or it or some of it. Any such Medicaid reform proposal places the availability of all optional services at great risk. It does not add any permanent new money to the program. Over time it will limit the program, resulting in the denial of eligibility for those most in need.  Arbitrary growth limits will destroy its ability to help in the times when it is most needed. These reform principles, if enacted, would
permanently undermine the integrity of the Medicaid program."

If provided an opportunity, explain why the Medicaid program is so important to your family (e.g., the provision of ICFs/MR services).

Phone numbers for each Governor follow. Fax numbers can be secured by calling the numbers below, or visiting: http://www.nga.org/governors/1,1169,C_GOV_WEB,00.html 
for links to your Governor's website.
(thax VOR)

********************************************************
HHS ALLOWS FLORIDA TO USE CONSUMER DIRECTED CARE
********************************************************
HHS APPROVES FLORIDA PLAN TO ALLOW MORE CONSUMER DIRECTED CARE

HHS Secretary Tommy G. Thompson today approved a Florida plan to allow more consumers to direct their own Medicaid home- and community-based care services instead of an agency directing services for them.

Florida currently has demonstration programs underway in parts of the state for some beneficiaries, but today's announcement will allow consumers all across Florida to have control over the planning and purchase of long-term supports and services using a cash allowance.  The new program evolved from Florida's participation as one of three states in the national Cash and Counseling Demonstration, which found high quality and satisfaction in consumer-directed approaches.

"This Florida plan will allow participants and their families to play an essential role in deciding how to plan, obtain and sustain community-based services," Secretary Thompson said. "We are committed to giving states greater flexibility in designing programs like Florida's to help persons of all ages with disabilities live fuller, more independent lives."

Florida's request was made under the new Independence Plus Medicaid initiative to help states develop programs for family- and individually-directed community services using either a demonstration waiver or a home- and community-based services waiver.

State officials expect over 2,000 people to take advantage of the new self-directed care option.  Eligible groups include the frail elderly and adults and children with disabilities.  Consumers and their families will be involved in planning all aspects of service delivery, including but not limited to the hiring, direction and appraisal of service providers.  A "support broker" and a financial management service will assist families and individuals with the self-directed process including payroll tasks.

The Independence Plus programs assist states to achieve the goals established in President Bush's New Freedom Initiative.  When he launched the New Freedom Initiative, President Bush said it is intended "to ensure that all Americans have the opportunity to live close to their families and friends, to live more independently, to engage in productive employment and to promote community life."   Programs approved under the initiative will delay institutional or other high cost out-of-home placement by strengthening supports to families or individuals, facilitate cost-effective decision making by families, and aid states in meeting their legal obligations under the Americans with Disabilities Act and the Supreme Court's Olmstead ruling which encourages appropriate community placement for persons with disabilities.

"Allowing persons with disabilities and their families to engage in 'self-direction' is a high priority for the Bush Administration and my agency," said Tom Scully, administrator of the Centers for Medicare & Medicaid Services, the agency that oversees federal health insurance programs.

As former governors, President Bush and Secretary Thompson have made it a priority to make it simpler for states to submit Medicaid and State Children's Health Insurance Program (SCHIP) waiver requests and to initiate new programs such as Independence Plus.  Since January 2001, HHS has approved waivers and plan amendments that have expanded eligibility to more than 2 million people and enhanced benefits for more than 6 million people.

Additional information regarding federal support of self-direction options can be obtained at http://www.cms.hhs.gov/independenceplus.
(thax D.M.)

********************************************************
HHS HELPS UTAH WITH INSURANCE FOR LOW INCOME
********************************************************
HHS APPROVES UTAH PLAN TO HELP LOW-INCOME WORKERS PURCHASE EMPLOYER-SPONSORED HEALTH COVERAGE

HHS Secretary Tommy G. Thompson today announced the approval of a Utah Medicaid waiver amendment that will help as many as 6,000 uninsured, low-income residents to purchase health care coverage through employer-sponsored insurance.

The Medicaid Section 1115 waiver amendment approved today will grant monthly subsidies to low-income workers who have access to employer-sponsored insurance but cannot afford to buy it.

"With this change, Utah is helping hard-working residents to afford the health coverage offered through their employer," Secretary Thompson said. "By helping cover the costs of these insurance premiums, the state is taking the kind of creative approach to helping the uninsured that we are encouraging across the country."

To qualify for help with employer-sponsored insurance premiums, workers must have incomes of less than 150 percent of the federal poverty level.  The federal poverty level is $8,980 for an individual.

HHS also approved Utah's plan to lower costs of enrollment in its waiver, the Primary Care Network.  Those individuals on the state's general assistance program whose income is at 54 percent of the FPL or lower will have their annual $50 enrollment fee reduced.

"By far most uninsured Americans are low-wage workers whose employers don't offer coverage, or that coverage is too expensive," said Tom Scully, administrator of the Centers for Medicare & Medicaid Services. "Utah is setting a fine example of how states can address the needs of the uninsured without increasing the burden on an overtaxed Medicaid system."

Today's approval is an amendment to an 1115 waiver granted to the state in February 2002.  That waiver expanded primary and preventive services to up to 25,000 state residents who otherwise would not have access to health care.

The Bush Administration has pursued a broad strategy to expand access to health care for the uninsured.  The President's fiscal year 2004 budget proposal would continue to expand community health centers that care for the uninsured, strengthen and modernize the Medicaid program, offer health tax credits to help individuals obtain insurance, and extend Medicaid and State Children's Health Insurance Program (SCHIP) coverage to more Americans who otherwise would go without coverage.

More information about the President's initiatives to help the uninsured is available at http://www.hhs.gov/news/press/2003pres/20030211.html.
(thax D.M.)

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MENTOR RECRUITMENT YOUTH LEADERSHIP FORUM
********************************************************
The Youth Leadership Forum (YLF), sponsored by the Virginia Board for People with Disabilities, is a unique leadership training program for high school students with disabilities.  The YLF is now recruiting for student mentors for its July 2003 Forum.  

YLF Mentors are adults with disabilities who can serve as positive role models for the student delegates.  They offer advice and information on leadership, career development, and community involvement.

If you feel that you have something offer today's high school students...tomorrow's leaders…, please visit the VBPD website at www.vaboard.org  to find out how you can become a Mentor.  If you have questions or need additional information contact Teri Barker or Jennifer Peers with the Virginia Board for People with Disabilities at 786-0016 or at 1-800-846-4464 (voice/TTY). You can also e-mail Teri at  BarkerTD@vbpd.state.va.us

Thank you.

Heidi Lawyer
Director
Virginia Board for People with Disabilities
804-786-9369

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PARTICIPANTS NEEDED FOR SOCIAL SUPPORT & PARALYSIS STUDY
********************************************************
"The University of Nevada, Reno is conducting a study sponsored by CDC to examine social support in adults with paralysis. People with paralysis report lower levels of support compared to the general population. For this study, we are interested in exploring factors that might explain this difference and how we can improve support.  In order to do this we need to hear from you! Participation in the study is completely voluntary and all information is strictly confidential. If you are interested, please visit our website at www.supportandparalysis.org or call us toll-free at 1-866-317-8431. Thank you!"

P.S. Please feel free to reply to this message or provide with any feedback under the comments section of our survey

Mihalis Kyriakou
Graduate Research Assistant
University of Nevada, Reno
Health Ecology Department
Phone: (775) 784-4041 x253
FAX: (775) 784-1340
E-mail: michail@unr.nevada.edu
(Thax W.K.)

===============================
Comments and news of interest are always welcome.  Please feel free to use or disseminate the information in these newsletters however you want and while DAC likes to be recognized, do so only if you wish.  To subscribe (please enter state) or unsubscribe just hit reply with your wish.  Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

Website:  http://members.aol.com/DAC4VA/main.htm 

**Some people grin and bear it.  Others smile and change it.**

++
========================================================
DAC News V3-#89   Thursday, May 29, 2003   
========================================================
Lots of good news this week:)  First, DAC is among those nominated to receive the first annual New Freedom Award.  We were selected by a coalition of over 40 charitable organizations and leading professionals helping those with disabilities to be among those selected.  This prestigious award will be given to people and organizations who have distinguished themselves by providing extraordinary new freedoms and opportunities to people with disabilities.  Winners will be announced in Chicago on July 22, 2003, and I'll know by mid June if DAC made the final top 20.  Either way, just being nominated has given DAC more visibility among our advocacy peers.  We are truly honored by this nomination.

Next I've been officially validated by our voters registrar's office as an Independent Candidate for County Supervisor in Prince William County, VA.  I'll be on this falls November 4th, General Election ballot so the race is on to toss out the old and bring in the new.  This will prove to be an exciting race during it's already dirty beginning with my opponent crying to the press about my letters to the editor.  He may as well get use to crying now because he'll be doing a lot of that after the elections too:)  I think he sees the handwriting on the wall as his party continues to fragment leaving him just his old diehard cronies as his semi-loyal followers but most of them can't vote for him because they're not in his district.  Such is politics when one continually fails to keep their promises and the people say enough is enough.

Next:  It appears as if the Department of Social Services in Lynchburg, VA lacks of concern or compassion to their clients.  I hope that our independent office of P&A takes a look at this matter or perhaps the Virginia Board for Persons with Disabilities.  I think perhaps a little shakeup is required here.  Read the 2nd letter at this location called "Clients Mistreated": http://www.newsadvance.com/servlet/Satellite?pagename=LNA%2FMGArticle%2FLNA_BasicArticle&c=MGArticle&cid=1031769668781&path=!news!letters!

Much more news so read, enjoy and comment if you wish:)

Keith-

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1.  IMPARATO PRAISES REPUBLICANS
2.  FRAUD PROTECTION
3.  WEBSITE HELPS CONSUMERS RATE TECHNOLOGY
4.  DOJ'S FINDINGS OF DISCRIMINATION AGAINST NURSING HOME
5.  WHEELCHAIRS SHUNNED AND MORE STORIES OF INTEREST
6.  GIFTS OF DYING MAN RULED INCOMPLETE
========================================================
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IMPARATO PRAISES REPUBLICANS
********************************************************
Imparato Praises Republicans

Periodically, I receive feedback from AAPD members, jfa subscribers, and key stakeholders that I and/or AAPD and/or AAPD's listserv, Justice for All, are not even-handed or fair in our assessment of the contributions being made by Republicans to advance the quality of life and civil rights of children and adults with disabilities in the U.S. and around the world. 

To quote Jim Sensenbrenner (R-WI), the Chair of the House Judiciary Committee who voted for the Americans with Disabilities Act (ADA), "Disability is not a party issue.  It is not a Democrat issue and it is not a Republican issue." Recognizing this point, I nonetheless think it might be helpful for me to highlight some of the significant recent leadership our Republican elected and appointed officials have demonstrated on behalf of the more than 56 million disabled Americans.  This post is not intended to be an exhaustive list of Republican accomplishments, but some of my personal observations on important recent leadership.

On February 1, 2001, President Bush announced his New Freedom Initiative for people with disabilities at an East Room event at the White House.  The event sent a powerful message to the disability community and members of the Administration and Congress who were in attendance that the new President was personally putting a high priority on taking up the mantle of leadership on disability issues, following in the footsteps of his father, George H. W. Bush, who signed the ADA and the Civil Rights Restoration Act into law.  President Bush's New Freedom Initiative articulates the right goals for public policy:  full participation, equal opportunity, independence, economic self-sufficiency, empowerment.

Later in his first year in office, President Bush signed an executive order calling on several federal agencies to collaborate on implementing the Supreme Court's Olmstead decision interpreting the ADA to require that people with disabilities receive long-term services and supports outside of institutional settings to the maximum extent possible. The executive order was well-written and broad in scope.  More recently, the Department of Justice showed strong leadership in taking on the egregious violation of Olmstead that the city of San Francisco is perpetrating at Laguna Honda.

The Bush Justice Department has aggressively defended the Constitutionality of Title II of the ADA in the federal courts, and recently the Bush Solicitor General Ted Olson submitted an eloquent brief defending accessibility requirements for sidewalks
in the Barden v. Sacramento case.

President Bush has appointed some extraordinary individuals to champion disability issues, including but not limited to Lex Frieden as chair of the National Council on Disability (NCD); White House Chief of Staff Andrew H. Card, Jr.; Margaret Spellings in the White House Domestic Policy Council; Secretary Tom Ridge at the newly-formed Department of Homeland Security; Secretary Tommy G. Thompson at the Deparment of Health and Human Services (HHS); Secretary Elaine L. Chao at the Department of Labor; Secretary Norman Mineta at the Department of Transportation; Cari Dominguez as Chair of the Equal Employment Opportunity Commission; Kathy Martinez, Bob Davila, Glenn Anderson, and Pat Pound as members of NCD; Martin Gerry as Deputy Commissioner of the Social Security Administration; Ralph Boyd as Assistant Attorney General for Civil Rights at the Department of Justice; Margaret Giannini and Sue Suter in the newly-created Office on Disability at HHS; Pat Morrissey as Commissioner of the Administration on Developmental Disabilities at HHS; Assistant Secretary for the Office of Special Education and Rehabilitative Services Bob Pasternak; Jennifer Sheehy, Steve Tingus, Joanne Wilson and Stephanie Lee at the U.S. Department of Education; Jennifer Sheehy and Troy Justesen in the Office of Domestic Policy at the White House; Gian-Carlo Peressutti in the Office of Public Liaison at the White House; Lorne Craner as Assistant Secretary for Democracy, Human Rights and Labor at the State Department; Alex Acosta at the National Labor Relations Board; Bruce Mehlman as Assistant Secretary of Commerce for Technology Policy; Sally Atwater at the President's Committee on Mental Retardation; and Dan Fisher on the President's New Freedom Commission on Mental Health.  All of these individuals are forward-thinking visionaries who have embraced their responsibilities in the area of disability rights and disability policy and worked hard to realize the President's vision for our community.  All recognize the importance of working with the disability community to accomplish their goals.

In the last Congress and in this Congress, Pete Sessions (R-TX), John Shimkus (R-IL), Jim Ramstad (R-MN), Bob Ney (R-OH), and Clay Shaw (R-FL) have repeatedly demonstrated courageous and determined leadership on a host of disability issues, from the Family Opportunity Act (FOA) to the Medicaid Community Attendant Services and Supports Act (MiCASSA) to the IDEA reauthorization to the Help America Vote Act (HAVA) to the implementation of the Ticket to Work and Work Incentives Improvements Act.  On the Senate side, John McCain (R-AZ), Orrin Hatch (R-UT), Charles Grassley (R-IA), Arlen Specter (R-PA), Mike DeWine (R-OH), Bill Frist (R-TN), Mitch McConnell (R-KY) and Lincoln Chafee (R-RI) all have a strong history of leading on disability issues ranging from the ADA to the FOA to MiCASSA to HAVA to the Rehabilitation Act reauthorization to preserving Medicaid to IDEA.  Many other Republicans voted for the ADA and have co-sponsored key bills like FOA and MiCASSA.  Jim Jeffords (I-VT) had a long history as a Republican leader on disability issues.

Now outside of government, strong advocates like George H. W. Bush, Bob Dole, Lowell Weicker, Dave Durenburger, Dick Thornbugh, C. Boyden Gray, Steve Bartlett, Connie Morella, Steve Gunderson, Tom Tauke, Madeleine Will, Yoshiko Dart, Brenda Premo, John D. Kemp, Janine Bertram Kemp, Debbie McFadden, Patti McGill Smith, Bob Funk, Cheryl Sensenbrenner, Ollie Cantos, Carl Suter, Sandy Parrino, Ginny Thornburgh, Alan Reich, Mike Deland, Nancy Starnes, Joe Dusenbury, Jim Gashel, Frances Priester, Mariana Nork, Steve Tremblay, Christina Carrier, Paul Seifert, David Gray, George Covington, James Brady, Allen Clark, John Doyle and Jane West have repeatedly gone to bat for children and adults with
disabilities with passion, eloquence, and effectiveness.

For most of his career, our most visionary leader Justin Dart Jr. was a proud Abraham Lincoln and Teddy Roosevelt Republican.  Other fallen Republican heroes include Evan Kemp, Paul G. Hearne, Hamilton Fish, Abraham Lincoln, John Chafee, Drew Battavia, Grant Mack, and Kenneth Jernigan.

As a civil rights movement, the disability community needs strong Republicans and we need strong Democrats and strong Independents. That will never change.  Disability has never been and will never be a partisan issue.

Andrew J. Imparato
President and CEO
American Association of People with Disabilities

[ Well said Andy:)-kk ]

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FRAUD PROTECTION
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Maybe we should all take some of his advice! A corporate attorney sent the following out to the employees in his company:

* The next time you order checks have only your initials (instead of first name) and last name put on them.  If someone takes your check book they will not know if you sign your checks with just your initials or your first name but your bank will know how you sign your checks. But you should know that your bank never looks at the signature line.

* When you are writing checks to pay on your credit card accounts, DO NOT put the complete account number on the "For" line. Instead, just put the last four numbers. The credit card company knows the rest of the number and anyone who might be handling your check as it passes through all the check processing channels won't have access to it.

* Put your work phone # on your checks instead of your home phone. If you have a PO Box use that  instead of your home. Never have your SS# printed on your checks (DUH!) you can add it if it is necessary. But if you have it printed, anyone can get it.

* Place the contents of your wallet on a photocopy machine, do both sides of each license, credit card, etc. You will know what you had in your wallet and all of the account numbers and phone numbers to call and cancel.

* Keep the photocopy in a safe place. I also carry a photocopy of my passport when I travel either here or abroad.

* We've all heard horror stories about fraud that's committed on us in stealing a name, address, Social Security number, credit cards, etc. Unfortunately I, am attorney, have firsthand knowledge because my wallet was stolen last month. Within a week, the thieve(s) ordered an expensive monthly cell phone package, applied for a VISA credit card, had a credit line approved to buy a Gateway computer, received a PIN number from DMV to change my driving record information online, and more.

But here's some critical information to limit the damage in case this happens to you or someone you know:

We have been told we should cancel our credit cards immediately. But The key is having the toll free numbers and your card numbers handy so you know whom to call. Keep those where you can find them easily.

* File a police report immediately in the jurisdiction where it was stolen, this proves to credit providers you were diligent, and is a first step toward an investigation (if there ever is one).

But here's what is perhaps most important: (I never even thought to do this). Call the three national credit reporting organizations immediately to place a fraud alert on your name and Social Security number. I had never heard of doing that until advised by a bank that called to tell me an application for credit was made over the Internet in my name.

The alert means any company that checks your credit knows your information was stolen and they have to contact you by phone to authorize new credit. By the time I was advised to do this, almost two weeks after the theft, all the damage had been done. There are records of all the credit checks initiated by the thieves' purchases, none of which I knew about before placing the alert.

Since then, no additional damage has been done, and the thieves threw my wallet away this weekend.(someone turned it in). It seems to have stopped them in their tracks.

The numbers are:
Equifax: 1-800-525-6285
Experian (formerly TRW): 1-888-397-3742
Trans Union: 1-800-680-7289
Social Security Administration (fraud line): 1-800-269-0271

We pass along jokes on the Internet; we pass along just about everything. Pass this information along. It could really help someone you care about.

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WEBSITE HELPS CONSUMERS RATE TECHNOLOGY
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Website to help consumers rate and select technology

The AT Tech Connnection, at http://www.techconnections.org/forum/index.cfm, is a new resource developed by Tech Connections, designed as a forum for assistive technology users to rate the products they use in a kind of "Consumer's Reports" on products now on the market.

The idea for the project developed because of the difficulty in finding reliable information on assistive technology products.  Many disabled individuals get their assistive technology through programs such as vocational rehabilitation, but "for consumers who are purchasing AT products on their own this task can be even more difficult," says the AT Connection's Kimberly Stewart. "Most available information consists of literature created by manufacturers --  with only general product descriptions provided. It is difficult to find user feedback on how AT products have performed in actual use."

Those who use the new forum can "confidentially post product reviews and exchange information with both consumers and professionals in rehabilitation and education. There is no cost or commitment for use of this resource. The AT Connection is not associated directly with manufacturers or suppliers of assistive technology products."  To post a review using the submission form, go to:  http://www.techconnections.org/forum/ATConnectionForm.cfm

The larger Tech Connections project is funded by  National Institute on Disability and Rehabilitation Research as one of its Knowledge Dissemination and Utilization Projects. The project works primarily with vocational rehabilitation programs and agencies, rehabilitation training programs, schools and community rehabilitation programs. It also offers a  toll-free information service on assistive technology at 877-835-7335 (Voice/TTY) and a variety of training events (for info on the trainings, go to http://www.techconnections.org/training/  To order the training module on "Assistive Technology in Office Settings," go to http://www.techconnections.org/training/Modules.cfm )
(thax AccessE)

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DOJ'S FINDINGS OF DISCRIMINATION AGAINST NURSING HOME
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DOJ's Findings of Discrimination Against a Nursing Home - Information Bulletin # 53

    Disability advocates for persons who are institutionalized in nursing homes or who are threatened with such institutionalization MUST read and use the U.S. Department of Justice's April 1, 2003 "Findings" regarding Laguna Honda, the San Francisco nursing home. [The entire DOJ report is on the DOJ webpage at www.justice.gov/crt/split/documents/laguna_honda_hosp.pdf]. 

    DOJ used the ADA's "most integrated setting" mandate together with various Medicaid requirements.     [This Information Bulletion uses a lot of DOJ's quotes to give you the handles.  However, you really should read the entire Findings.]

  DOJ identified "several areas of DEFICIENCIES that contribute to the unnecessary isolation of qualified residents at [the nursing home].  These areas include [1] INADEQUATE ASSESSMENTS, [2] INADEQUATE DISCHARGE PLANNING, AND [3] INDADEQUATE CAPACITY IN THE COMMUNITY to meet the needs of [the nursing home] residents...." [Most States have the same or similar deficiencies.] Here are some of the DOJ specific Findings that violate both the ADA and Medicaid:

    A.    Violations in the ADMISSION and UTILIZATION REVIEW PROCESSES -

    "[The nursing home's] admission and utilization review FAIL to IDENTIFY and SCREEN OUT individuals who do NOT NEED nursing care in an institutional setting."  DOJ found many residents did not have medical needs that made the nursing home "the most integrated treatment setting.'  Some residents had no "skilled nursing needs."  Some required "no assistance in ... activities of daily living." [Nationally, 36% of residents in nursing homes had NO ADL impairments. See www.stevegoldada.com and click on Searchable Archives, "Wasted Nursing Home Expenditures- Information Bulletin  #48".]
   
    B.   Violations to do TIMELY ASSESSMENTS of  DISCHARGE POTENTIAL to a MORE INTEGRATED SETTING -

    DOJ found the nursing home's "Staff failed to assess an individual's discharge potential at time of admission" and failed to identify what the person needs to successfully transition to the community "at time of admission."  The nursing home failed to develop a discharge plans for residents "immediately upon admission." 

    The nursing home failed "to IDENTIFY and DOCUMENT in a timely manner when a resident no longer requires skilled nursing care."

    C.    Violations to USE ASSESSMENT and CARE PLANNING PROCESS to PROMOTE ... PLACEMENT in APPROPRIATE INTEGRATED SETTING -

    DOJ stated that Medicaid requires nursing homes to "provide services and activities to attain and maintain the highest practicable ...well-being of each resident IN ACCORDANCE WITH A WRITTEN PLAN OF CARE."  The "comprehensive care plan" must include "measurable objectives and timetables."  The nursing facilities must, "to the extent needed to fulfill all plans of care," provide those services necessary.

    DOJ found that nursing home resident's "care plans do NOT identify CLEARLY the [person's] needs or their INDIVIDUALIZED criteria for, and BARRIERS to, discharge."  

    D.      Violations in DISCHARGE PLANS -

    DOJ found that the nursing home "fails to DEVELOP and IMPLEMENT appropriate discharge plans to ENSURE that each person ...is served in the most integrated setting appropriate...."  IT found that the "discharge process is unduly cumbersome ...resulting in many residents remaining in the facility long after" they could move into the community.

    "Discharge plans should be based upon the CAPACITIES and NEEDS of the individual." Discharge plans should NOT be "based upon the perceived LACK OF COMMUNITY ALTERNATIVES AVAILABLE."   Residents remain institutionalized ‘NOT BECAUSE OF [their] SKILLED NURSING NEEDS," but because of "LIMITED COMMUNITY CAPACITY." [Lack of housing was not an acceptable excuse to unnecessary institutionalization.
       
    E.    Violations in Not INFORMING residents of COMMUNITY OPTIONS -

    DOJ found that there was not "effective discharge planning efforts TO LOCATE APPROPRIATE community alternatives to meet [the residents'] needs."  Staff must make "proactive attempts to help [persons] return to the community." [This included housing.]

    F.      Violations in Failing to REASONABLY ACCOMMODATE Community Placements -

    DOJ noted that the state could "EXPAND" their Medicaid home and community-based waivers "to TARGET " persons who "could be served appropriately in the community."   [How many times have you heard that the waiver was "capped out" and "full." That excuse will not fly.] DOJ emphasized that Medicaid Waivers were "federal funding sources" and the state "could seek to provide for home and community-based services" for the nursing home residents. [Therefore, lack of financial resources should not be accepted as a reason people are insitutitionalized.]

    DOJ found that the public agencies had "NOT taken adequate steps to EXPAND"  -- HOUSING and RESIDENTIAL SERVICES!!

    With regards to community-based services, DOJ noted that the public agencies could subsidize housing and still save money from what it spends for nursing home care!!!

                  ***
    These Findings should be used by disability advocates who are struggling with your State Medicaid agencies that refuse to fully implement Olmstead. 

    YOU should follow the DOJ's analysis and DEMAND that YOUR Medicaid agencies follow the DOJ.  IF your State refuses to follow the DOJ, file a Title II Complaint with both OCR and DOJ alleging state-wide violation of both the ADA and Medicaid.

Steve Gold, The Disability Odyssey continues

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WHEELCHAIRS SHUNNED AND MORE STORIES OF INTEREST
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WHEELCHAIRS SHUNNED BY LIVERY CABS
By CLEMENTE LISI

May 28, 2003 -- A third of the city's livery car companies refuse to pick up people who are in a wheelchair, says a survey released yesterday.

"It's imperative that we find a way to provide people in wheelchairs with safe, prompt taxi service," said Rep. Anthony Weiner (D-Brooklyn), who compiled the study of the city's 415 livery companies.

The report found that 132 companies, 32 percent, refused to pick up a passenger in a wheelchair when contacted by phone.

Only 11 percent of companies surveyed provided vehicles equipped for wheelchair passengers.

The report also found:

* Eleven companies, just 3 percent, said they would provide access to vans equipped with ramps and charge the same fare they would anyone else.
* Thirty of the 47 companies that did provide the service to wheelchair passengers charged as much as 10 times more than for regular passengers.

The Taxi and Limousine Commission passed a regulation three years ago requiring all cabs to give wheelchair riders access to specially fitted vans.

The rule was temporarily deferred after Sept. 11, 2001, and is currently only being enforced on "black cars," a service available to corporate clients.

"We could issue violations, but that won't ensure service," said Commissioner Matthew Daus.

Daus said the agency is working on a plan whereby livery companies can buy their own vans or enter into an agreement with a company that can provide them with the specially equipped vehicles.

"We want to get the service out there and then enforce it," he said.

++
Hormone Use Found to Raise Dementia Risk

May 28, 2003
By DENISE GRADY

Hormone therapy doubled the risk of Alzheimer's disease and other types of dementia in women who began the treatment at age 65 or older, a large study has found.

The finding disappointed many researchers and doctors, who had hoped for the opposite result: that hormone therapy would prevent Alzheimer's disease.

Read more:
http://www.nytimes.com/2003/05/28/health/28HORM.html?ex=1055112656&ei=1&en=f76146ad4809f474


++
Governors Resist Bush Plan to Slow Costs of Medicaid

May 25, 2003
By ROBERT PEAR

WASHINGTON, May 24 - After two months of intense secret negotiations, governors and Bush administration officials have been unable to agree on a plan to rein in the soaring cost of Medicaid, participants in the talks say.

Governors of both parties are resisting a proposal offered by President Bush this year to set firm limits on federal Medicaid spending in each state over the next decade.

Read more:
http://www.nytimes.com/2003/05/25/politics/25MEDI.html?ex=1054863178&ei=1&en=9557c1ba496d1599


++
FDA Approves Gleevec for Pediatric Leukemia Treatment

The Food and Drug Administration (FDA) today announced the approval of Gleevec (imatinib mesylate) tablets for the treatment of pediatric patients with Philadelphia chromosome positive (Ph+) chronic myeloid leukemia (CML) in chronic phase a rare, life-threatening form of cancer that accounts for approximately two percent of all leukemias in children.

Gleevec is indicated for children whose disease has recurred after stem cell transplant or who are resistant to interferon alpha therapy.

Read more:
http://www.fda.gov/bbs/topics/NEWS/2003/NEW00909.html
(thax C.A.)

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GIFTS OF DYING MAN RULED INCOMPLETE
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Gifts of Dying Man to Niece Ruled "Incomplete"

John Raymond Turner was a prominent and wealthy Breathitt County, Kentucky, businessman who owned real estate in a number of Kentucky counties, including his home in Fayette County, and in Florida.

Louise Howell was Mr. Turner’s niece. In 1987, Mr. Turner executed a will in which he left $1 to each of his relatives, including Ms. Howell. All of the remaining assets of Mr. Turner’s considerable estate were bequeathed to the Marie R. and Ervin Turner Educational Foundation, which he created in his Will.

In 1996, Mr. Turner changed his mind about leaving a dollar to his relatives and, instead, decided he wanted to make "inter vivos" gifts to Ms. Howell. (An inter vivos gift is made while the donor is alive, as opposed to a testamentary gift, which is made by the donor's will.)

To that end he spoke with this attorney, George Fletcher, about how such a gift might be made while allowing Mr. Turner to retain control over the property, but he did nothing about it.

These matters assumed some urgency for Mr. Turner early in 1997, when he had heart surgery and was diagnosed with untreatable lung cancer. He therefore talked to Mr. Fletcher about giving the lawyer a power of attorney that would authorize his lawyer to make gifts of Mr. Turner's property to Ms. Howell shortly before his death.

On February 26, 1998, Mr. Turner was admitted to St. Joseph’s Hospital in Lexington. On March 4, having been informed that he could either die in the hospital or die at home, Mr. Turner called Mr. Fletcher  to the hospital about the power-of-attorney.

The lawyer told Mr. Turner, "John, this is the power of attorney that we talked about. Do you want me to make the deeds with this?" Mr. Turner said, "Yes, I do." Mr. Fletcher then prepared and signed the deeds on March 6. Two days later, Mr. Turner died.

Ms. Howell found herself one happy niece, at least for awhile. Mr. Fletcher met her at the hospital, after Mr. Turner's death. For the first time, Ms. Howell learned that Mr. Turner had given her the family home in Breathitt County, some real estate in Berea and Lexington, and a Florida condominium -- in all, property worth more than $1.5 million.

Mr. Fletcher still had the unrecorded deeds in his possession. On March 13, Ms. Howell signed the fair market value certificates on the deeds, which were thereafter recorded.  Mr. Turner's will was admitted to probate in Fayette County, and the
issue of whether the deeds were delivered to Ms. Howell before his death was raised.

The common law rule is that for a gift to be valid, it must be complete -- that is, not only must the donor have intended to make a gift, the gift must actually be delivered to the donee.

Of course, land cannot be physically delivered, so under an ancient tradition symbolic delivery was made. The donor might place a twig or branch growing on the real property into the hands of the donee. Later, of course, as society became more literate and the stability of land titles became paramount, a paper writing called a deed replaced the symbolic twig. Nonetheless, the rule requiring delivery of the gift remains.

Was delivery of the real estate made to Ms. Howell, thereby completing the gift? A divided Kentucky Court of Appeals ruled that it had not.

Attorney Fletcher, as Mr. Turner's agent, had never finally relinquished control of the deeds to Ms. Howell until after Mr. Turner died. Upon his death, Mr. Fletcher's authority to act on behalf of Mr. Turner under the durable power of attorney vanished. He was therefore without legal authority take the next and final, but necessary, step to deliver the deeds to Ms. Howell for her signature and subsequent recording.

Howell v. Estate of Turner, May 21, 2003.
(thax Elderfax)

===============================
Comments and news of interest are always welcome.  Please feel free to use or disseminate the information in these newsletters however you want and while DAC likes to be recognized, do so only if you wish.  To subscribe (please enter state) or unsubscribe just hit reply with your wish.  Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

Website:  http://members.aol.com/DAC4VA/main.htm 

**Some people grin and bear it.  Others smile and change it.**

++

========================================================
DAC Bulletin V3-#88  Friday, May 23, 2003   
========================================================
This is true "advocacy" at it's best.  When we UNITE we can and DO make a difference.  Now states will have the Medicaid money needed to provide the services that we as "stakeholders" need and deserve.  Perhaps additional funding will be applied to caregivers as well. 

DAC congratulates all of you for helping make this happen. Great job all:)
Keith-
=================================================
May 23, 2003

The House and Senate just finished work on the (ill-advised) tax bill, and -- remarkably -- the bill included more money for state Medicaid programs! The final bill, on its way to the President's desk for signature as we send this message, provides $20 billion for state fiscal relief; of that amount, $10 billion is for a temporary increase in the FMAP (Federal Medical Assistance Percentage, or share of Medicaid paid by the federal government). The increased FMAP funds -- which will provide much-needed relief to state budgets and thus minimize the need for Medicaid cuts -- will be available for the last three months of the current fiscal year and for fiscal year 2004. [For a rough idea of what this will mean for your state's economy, click here.]

DOWN-TO-THE-WIRE DRAMA: The final deliberations on the tax bill provided high drama. The temporary FMAP increase was in the bill, then out, then back in. The vote on passage of the tax bill was close. So close, in fact, that Vice President Cheney had to change his plans and dash to Capitol Hill to cast the deciding vote in the Senate. Whew!

NOTE TO FOLKS FROM MAINE, WEST VIRGINIA, NEBRASKA, AND OREGON:
We all owe a great debt of gratitude to the following four Senators, who led the way on the FMAP increase, doggedly pushing for it against odds that looked insurmountable: Senators Susan Collins (R-ME), Jay Rockefeller (D-ME), Ben Nelson (D-NE), and Gordon Smith (R-OR). If you live in one of those states, PLEASE call your Senator or drop him or her a line to say "Thank You!"

PAT YOURSELF ON THE BACK, TOO: We appreciate the Senators who led the way on this fight, but our victory wouldn't have happened without you! Our thanks to all the state and local advocates who called, wrote, and e-mailed to let Congress know how important this was. You really made a difference!
(thax FamiliesUSA)

==================================================
Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email:  DAC4VA@aol.com

Website:  http://members.aol.com/DAC4VA/main.htm 

**Some people grin and bear it.  Others smile and change it.**

++

========================================================
DAC News V3-#87   Thursday, May 22, 2003   
========================================================
On January 30, 2003, I ran a story about HUD low interest loans of 1% that could be amortized for 100 years. It was titled "Disabled Americans Access to Community Through Home Mortgage Assistance." Needless to say I was swamped with requests about how to obtain these loans if they existed.  Since I couldn't find the answer I recently ran the story again asking if the person that sent me this information could provide me with further information about these great sounding loans.  Well, now I have the answer for you.  Prepare to be disappointed as here is the response I received.

"Hello Keith,
I am sort of sorry I sent this out.  My original message was sent out under the TITLE: PROPOSED LEGISLATION  There is no current plan [except in Sweden, I think, where 100 year mortgages are common].  I started seeing my proposal pop up as a HUD Program....I answered all I saw, but it did not do much good.  So much for a good idea, EHHHH?? I am so very sorry that my proposal caused so much confusion.  The idea is free for anyone to take to their State or Federal legislatures for consideration."


It's impossible for me to check every letter I receive for accuracy and I ask that those who do sent me information to be accurate but sometimes letters do slip through the cracks.  I apologize to all of you who got a false sense of hope for something that sounded to good to be true.  But as stated above this idea could be taken to your State or Federal legislators to consider which might not be a bad idea.  So maybe something good can still come out of this.

From Mark Johnson DAC received this note:
"In addition to the virtual rally for MiCASSA on June 5th (NCIL & National Coalition on Self-Determination will be in DC that week), planning for a Disability Rights Rally in DC on September 17th has begun. As you're aware, ADAPT is organizing the Free Our People March, September 4-17, go to http://www.freeourpeople.org/ .  Join the last leg of the March and/or participate in the largest Rally in disability rights history on September 17th. If you or your local or national organization would like to help, contact me ASAP.
Thanks,
Mark
Mark_Johnson@shepherd.org

Our friends in Oregon have good news to share becoming the 1st state to pass a "Visibility" bill and hopefully they will share this news with DAC on how they achieved this along the wording.  Great job folks.  Read below:

"Advocates, SB 833, the "Visibility "  bill, has passed the House, 55-zip.  Congratulations!  I have placed a request to have a 'ceremonial signing' of the bill with the Governor.  I will let you know when that event will occur.  Most likely, it will be in about three weeks time. 

Rep. Schaufler carried the bill on the floor, and Rep. Dingfelder spoke in support of the bill.  It was at the tail end of 67 other bills that they had voted on, so discussion was brief and positive.  Feel free to thank them for their support."

Bad news from our friends in California as Sacramento Mayor Heather Fargo and the city council was openly rude and denied the times previously allotted for the disabled groups to argue stopping Sacramento from pursuing the Barden v Sacramento case concerning accessible sidewalks in the city for the elderly and disabled.  Sacramento is fighting the ADA laws that require accessibility and haven't tried to make sidewalks accessible for the past 35 years.  I suppose California wants to step back as a leader in human rights and innovative ideas and go back to the cave man days.  You might want to remember this if you have plans on visiting Sacramento, California.  Those who live in Sacramento should remember this come "election" time.   

Much more news so read, enjoy and comment if you wish:)

Keith-

========================================================
1.  PRESCRIPTION INFO
2.  FREE DISABILITY CONFERENCE w/ EMERGENCY PREPAREDNESS PANEL
3.  OLDER AMERICANS STAYING IN WORK FORCE
4.  CHILD VIOLENCE GRANTS, EMERGENCY RESPONSE GRANTS
5.  HHS RELEASE - VOTING ACCESSIBILITY
6.  NATIONAL NEWS & RESOURCES
7.  DOCTOR DOES NEEDLESS SURGERY ON MENTALLY ILL
========================================================
********************************************************
PRESCRIPTION INFO
********************************************************
NOTE: This was received from a reliable source but it still pays to investigate first.  kk-

Prescription Info

Since the cost of prescription drugs is so outrageous, I thought everyone I knew should know about this. Please read the following and pass it on.

On Monday night, Steve Wilson, an investigative reporter for channel 7 News in Detroit, did a story on generic drug price gouging by pharmacies. He found in his investigation, that some of these generic drugs were marked up as much as 3,000% or more. Yes, that's not a typo..... three thousand percent!

So often, we blame the drug companies for the high cost of drugs, and usually rightfully so. But in this case, the fault clearly lies with the pharmacies themselves. For example, if you had to buy a prescription drug, and bought the name brand, you
might pay $100 for 100 pills. The pharmacist might tell you that if you get the generic equivalent, they would only cost $80, making you think you are "saving" $20. What the pharmacist is not telling you is that those 100 generic pills may have only cost him $10!

At the end of the report, one of the anchors asked Mr. Wilson whether or not there were any pharmacies that did not adhere to this practice, and he said that Costco consistently charged little over their cost for the generic drugs.

I went to the Costco site, where you can look up any drug, and get it's online price. It says that the in-store prices are consistent with the online prices. I was appalled. Just to give you one example from my own experience, I had to use the drug, Compazine, which helps prevent nausea in chemo patients. I used the generic equivalent, which cost $54.99 for 60 pills at CVS. I checked the price at Costco, and I could have bought 100 pills for $19.89. For 145 of my pain pills, I paid $72.57. I could have got 150 at Costco for $28.08.

I would like to mention, that although Costco is a "membership" type store, you do NOT have to be a member to buy prescriptions there, as it is a federally regulated substance. You just tell them at the door that you wish to use the pharmacy, and they will let you in.

I am asking each of you to please help me by copying this letter, and pasting it into your own email, and send it to everyone you know with an email address.
(thax R.C.)

********************************************************
FREE DISABILITY CONFERENCE w/ EMERGENCY PREPAREDNESS PANEL
********************************************************
Conference: Physical Disabilities Through the Lifespan
July 21- 22, 2003
Natcher Conference Center, National Institutes of Health
Bethesda, Maryland

Register now for "Physical Disabilities Through the Lifespan," a free conference which addresses the many unique problems of living with physical disabilities from childhood through adulthood. This conference will bring together individuals with disabilities, scientists, physicians, psychologists, physical therapists, policymakers, researchers, clinicians, and others.

On the second day of the conference (Tuesday, July 22) at 9:45-11:45 am, the National Organization on Disability's Emergency Preparedness Initiative Director Elizabeth Davis will moderate a panel discussion about the impact of disasters and emergencies on the mental health of people with disabilities; how disaster situations affect care provided to children and seniors with disabilities, and all disability service consumers who live at home.

Visit http://physicaldisabilities.iqsolutions.com  for complete information about the agenda, location, and logistics.  You can also register online. Pre-registration is required. Early bird registration ends June 15, 2003. There is no charge to attend.

Contact: Physical Disabilities Through the Lifespan
IQ Solutions, Inc.
11300 Rockville Pike, Suite 801
Rockville, MD. 20852
Telephone: (240) 221-4279
Fax: (301) 984-1473
E-mail: physicaldisabilities@iqsolutions.com
(thax NOD)

********************************************************
OLDER AMERICANS STAYING IN WORK FORCE
********************************************************
Older Americans Staying in Work Force

By GENARO C. ARMAS
.c The Associated Press

WASHINGTON (AP) - The number of Americans past retirement age and in the job
market has risen by half in the last two decades, the Census Bureau says.

Some want to keep working; others have no choice.

The number of people 65 and older who are working or looking for work numbers almost 4.5 million, the bureau said in a report released Tuesday - a rise of almost 50 percent between 1980 and 2002.

It amounts to 13.2 percent of the 65-and-older population of 33.8 million in March 2002, according to a Census Bureau report released Tuesday.

In 1980, about 3 million people - 12.6 percent of the 24.2 million residents 65 and older - were in the labor force. The share of older workers declined to 11.9 percent in 1990, but has risen steadily since then.

Some work for a career change they couldn't pursue earlier in life, like opening a small business.

Others return to the work force amid worries that stock market losses and Social Security won't be able to cover prescription drug costs and other needs.

With the economy still struggling, expect more workers to forego retirement for a job, said Edward Coyle, executive director of the Alliance for Retired Americans.

``People are more nervous now than they were a year ago,'' Coyle said. ``You have lots of folks approaching retirement age, scratching their heads and wondering if they can do it.''

The latest Census Bureau data comes from a nationwide survey of 70,000 homes in March 2002 that covered a range of socio-economic characteristics, from income to education. Among other findings:

About one-third of those 65 and older live alone. That's virtually unchanged since 1980.

Roughly 1 in 10 live in poverty.

More than 8 of 10 homes headed by an older person are owned, a high since 1982 but in line with the overall growth of homeownership in the United States.

About 18 percent of men 65 and over were in the labor force, almost twice the rate for women.

While some seniors have simply delayed retirement and others have taken the opportunity to open small businesses, others were forced back into the labor market. Most of these people took low-level administrative or service jobs, which were plentiful during the late 1990s, said Jared Bernstein, an economist with Economic Policy Institute.

More than 15 percent of 65-and-over employees worked in sales in 2002, the largest share of any occupation. It was followed by professional fields, like architecture or medicine, and clerical jobs.

Congress voted in 1983 to raise the retirement age from 65 to 67 by 2027. The change may have encouraged some older workers in the 1980s and 1990s to put off retirement even though the change didn't immediately affect them, said John Haaga, a demographer with the Population Reference Bureau, a research group.

Other reasons cited by Haaga: People are living longer, healthier lives and feel like working longer, and an increasing number of women have returned to work after raising children.

Concerns over the solvency of Social Security, rising health care costs and the faltering economy have played roles too, Bernstein said.

In March, government trustees said Medicare - the health care program for seniors - would be insolvent by 2026, four years earlier than previously predicted, as the massive Baby Boom generation hits retirement age. Social Security's projected insolvency date is 2042.

The stock market swoon of recent years put a dent in many workers' retirement reserves as well, forcing some to head back to work, Bernstein said.
(thax Proaging)

********************************************************
CHILD VIOLENCE GRANTS, EMERGENCY RESPONSE GRANTS
********************************************************
Child Abuse, Violence Prevention Funds

A Brighter Future for Children and Youth Program, supported by the United Methodist Women, funds abuse and violence prevention and treatment projects for children aged 5 -18. Preference is given to organizations demonstrating significant grassroots involvement with women and youth, a track record providing direct services to the target population and an ability to raise additional funds from other sources. One - time grants of up to $6,000 are available. The deadline is July 1.
Info: http://gbgm-umc.org/umw/BFCY grant.html

--------------

CHHCS Grant Alert - 5/22/03

Emergency Response and Crisis Management Grant Program:
The Office of Safe and Drug-Free Schools will award grants to local educational agencies (LEAs) to improve and strengthen emergency response and crisis management plans, including training school personnel, students, and parents in emergency response procedures and coordinating with local law enforcement, public safety, health, and mental health agencies.

http://www.healthinschools.org/grants/ops036.asp

Web Manager
The Center for Health and Health Care in Schools (CHHCS)
http://www.healthinschools.org/
(thax Safeyouth)

********************************************************
HHS RELEASE - VOTING ACCESSIBILITY
********************************************************
Date:  May 21, 2003
For Release:  Immediately
Contact:  ACF Public Affairs
(202) 401-9215

HHS TO AWARD $13 MILLION TO STATES TO IMPROVE THE VOTING ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES

HHS Secretary Tommy G. Thompson today announced the availability of $13 million in grants for states and territories to establish, expand and improve access to voting areas and increase voter participation by individuals with disabilities.

The grants will be used by states in collaboration with local governments to enhance accessibility to polling places for individuals with disabilities; provide outreach to the disability community about polling accessibility; and to train poll workers, elections officials and volunteers on methods to promote access and increase voter participation for individuals with disabilities.

"The cornerstone of the United States is its reliance on a free, democratic society," Secretary Thompson said.  "Ensuring that individuals with disabilities have the same access to voting services that other Americans experience is an essential right and works to make our nation stronger."

All states, the District of Columbia and the territories eligible under the statute may apply for the funding, which will be distributed in fiscal year 2003 by HHS' Administration on Developmental Disabilities, part of the Administration for Children and Families (ACF).  The program is authorized by the Help America Vote Act, which President Bush signed into law on October 29, 2002.

The new program builds on efforts already in place to strengthen President Bush's New Freedom Initiative, which seeks to provide resources for individuals with disabilities so they can live more independently, work and participate fully in community life.  In fiscal year 2004, the President's budget request includes $11 million to promote home and community-based care alternatives for persons with disabilities.

"We continue to make progress every day on innovative ways to hear, help and respond to the disability community," said Dr. Margaret Giannini, director of the HHS Office on Disability.  "Individuals with disabilities rely on a variety of inter-related programs and services.  This new program is one more way to enable their full participation in civic life."

"This grant opportunity will provide outreach to individuals with disabilities and increase their participation in the election process," said Dr. Wade F. Horn, assistant secretary for children and families.

Information about the new program and how states may apply is included in the Federal Register.  More information about the President's New Freedom Initiative and HHS disability efforts can be found at:
http://www.disabilityinfo.gov and http://www.hhs.gov/newfreedom.
(thax B.G.)

********************************************************
NATIONAL NEWS & RESOURCES
********************************************************
NATIONAL NEWS:

MiCASSA Kickoff and NCIL Rally on June 5!
http://tinyurl.com/cegz

Block grant would undermine housing voucher program.
http://www.cbpp.org/5-21-03hous.htm

Voucher Plan Removes Disabled Preference. Accessible Sidewalks.
http://www.jfanow.org/cgi/getli.pl?1744

Doctor Admits He Did Needless Surgery on the Mentally Ill
http://www.jfanow.org/cgi/getli.pl?1743

Misconceptions about hiring workers with disabilities linger among employers.
http://tinyurl.com/cef8

Help Needed for Disability Historical Perspective Roundtable.
http://tinyurl.com/cefn

RESOURCES:

Opening the Way to Houses of Worship for the Disabled.
http://tinyurl.com/ceet

[To read New York Times articles, you can register for free on their site - you do not have to subscribe to the paper.]
(thax VMcK)

********************************************************
DOCTOR DOES NEEDLESS SURGERY ON MENTALLY ILL
********************************************************
Doctor Admits He Did Needless Surgery on the Mentally Ill

May 20, 2003
By CLIFFORD J. LEVY

An eye doctor who preyed on the severely mentally ill pleaded guilty yesterday to a nearly $1 million fraud scheme in which he routinely rounded up residents of some of New York City's most notorious adult homes and subjected them to unnecessary surgery or charged for thousands of procedures that were never done.

Read more:
http://www.nytimes.com/2003/05/20/nyregion/20MENT.html?ex=1054419169&ei=1&en=fe8d6b447b618dc1
(thax C.A.)

===============================
Comments and news of interest are always welcome.  Please feel free to use or disseminate the information in these newsletters however you want and while DAC likes to be recognized, do so only if you wish.  To subscribe (please enter state) or unsubscribe just hit reply with your wish.  Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

Website:  http://members.aol.com/DAC4VA/main.htm 

**Some people grin and bear it.  Others smile and change it.**

++

========================================================
DAC News V3-#86   Monday, May 19, 2003   
========================================================
I had an interesting weekend as I was at our local VFW on Saturday night eating my regular order of chicken wings and having a beer with some friends when our Virginia State Governor Mark Warner came in.  Of course my local opponent for the Neabsco District County Supervisor seat that I'm challenging him for this fall was there too but ignoring me while he stood at the other end of the lounge. 

Apparently I tend to intimidate my opponent as he does his best to bypass me or look the other way whenever I'm around:)  When the governor walked into the canteen (lounge) he said hi to a couple of people until he spotted me whereas he immediately came over to my table and said, "Hi Keith, how are the chicken wings?" and I told him they were fine and to help himself but he declined saying he had a dinner to attend in the back hall room.

What was so funny was the fact that my big (like in large man) old incumbent supervisor I'm challenging hid behind the governor and his mouth dropped wide when the governor called me by name.  Apparently my challenger wasn't in the know that I already knew our state governor.  But then again he seems to not know very much these days about anything as he sees his political future slipping away because he forgot that his main job was to "serve" his constituents and not to ignore them until just before elections.  He'll most likely learn that lesson this year.  It was definitely a Kodak moment but unfortunately I didn't have my camara<grin>....

Our 1st story tells about Velcade, a new treatment for multiple myeloma, a cancer of the bone marrow.  I hope it offers whoever may need it some hope and the cure they are seeking.

Read a brief update on the never ending saga of abuse in New Jersey.  How long will NJ keep trying to lie or sweep these abuses under the rug?  Time will tell and so will we....

Much more news so read, enjoy and comment if you wish:)

Keith-

========================================================
1.  VELCADE, TREATMENT FOR MYELOMA (CANCER OF BONE MARROW)
2.  NEW JERSEY ABUSE UPDATE
3.  WHEELCHAIR USERS NEEDED FOR SURVEY OF BUS RIDERS
4.  NOTE FROM STEVE GOLD
5.  ADA & IT INFORMATION UPDATE
6.  WOMAN UNDER CONSERVATORSHIP GETS DIVORCE
7.  UPDATE ON MIKE'S WALK TO DC
========================================================
********************************************************
VELCADE, TREATMENT FOR MYELOMA (CANCER OF BONE MARROW)
********************************************************
FDA Approves Velcade for Multiple Myeloma Treatment

The Food and Drug Administration (FDA) today announced the approval of Velcade (bortezomib) injection, a new treatment for multiple myeloma, a cancer of the bone marrow. FDA reviewed the application for this drug in less than four months. Velcade is the first in a new class of anticancer agents known as proteasome inhibitors.

Velcade was approved under the accelerated approval program. The program helps make promising products for serious or life threatening diseases available earlier in the development process by allowing approval to be based on a promising effect of the drug, such as tumor shrinkage, before there is actual evidence of improved survival or other clinical benefit. The drug¹s commercial sponsor worked closely with FDA to define the studies that would be conducted.

"As a result of close collaboration among the company, The National Cancer Institute, and FDA in the development and review of the drug, FDA was able to make this novel therapy available sooner to help many thousands of patients suffering from multiple myeloma." said FDA Commissioner Mark B. McClellan, M.D., Ph.D. "The approval of Velcade illustrates FDA¹s commitment to providing patients with access to safe and effective drugs as quickly as possible."

Velcade is indicated for patients whose disease has relapsed after two prior treatments and who have demonstrated resistance to their last treatment.

FDA evaluated the safety and efficacy of Velcade based on a study of 202 patients who had received at least two prior therapies and demonstrated disease progression on their most recent therapy. Altogether, out of 188 patients evaluated for response, twenty eight percent showed a response to Velcade. The response lasted a median time of one year. Another trial in 54 patients with relapsed multiple myeloma showed similar responses.

As of yet there are no controlled trials of Velcade demonstrating clinical benefit, such as improvement in survival. To address this issue, Velcade¹s developer will perform additional studies after approval. These will include the completion of an on-going study and an additional study comparing Velcade to standard therapy.

"The drug shows a significant effect on patients with multiple myeloma that have not responded to other treatments ­ a response that is likely to result in significant clinical benefit," said Dr. McClellan. "As with other treatments approved under our accelerated approval process, further studies are necessary for clarifying Velcade¹s clinical benefits."

The most commonly reported adverse events reported in clinical trials include nausea, fatigue, diarrhea, constipation, headache, decreased appetite, decreased platelets and red cells in the blood, fever, vomiting, and peripheral neuropathy (numbness and tingling, and occasionally pain in the extremities.)

Multiple myeloma is the second most prevalent blood cancer after non-Hodgkin¹s lymphoma. It is a cancer of the plasma cell, an important part of the immune system that produces antibodies to help fight infection and disease. There are approximately 45,000 people in the United States living with multiple myeloma and an estimated 14,600 new cases of multiple myeloma are diagnosed each year.

Velcade is distributed and marketed by Millennium Pharmaceuticals, Inc., of Cambridge, Mass.

Read here: http://www.fda.gov/bbs/topics/NEWS/2003/NEW00905.html
(thax C.A.)

********************************************************
NEW JERSEY ABUSE UPDATE
********************************************************
Ms. R. met with Deputy Commissioner Terry Wilson on Thursday and was told that they are standing by their decision that there was no medical negligence in the care of Matthew Goodman by Bancroft.  The basis of this decision was that they "chose" to discount the Maurita Lind report substantiating gross negligence based on a review of Bancroft's own records and "believed" Bancroft's physician instead. 

This physician stated that they thought Matt would receive "better care" at Children's Hospital in Philadelphia and therefore did not call 911 when they could not find Matt's vital signs, and instead packed a bag, put him in a Bancroft van still in restraints and unconscious, drove 45 minutes into Philly, bypassing several emergency rooms. This Bancroft physician was also on the staff of CHOP and has since resigned from both.  Terry Wilson stated that there is no appeals process.
(thax source;)

********************************************************
WHEELCHAIR USERS NEEDED FOR SURVEY OF BUS RIDERS
********************************************************
Wheelchair Users Sought for Survey of Bus Riders

The University of Pittsburgh is investigating the real-world usage patterns of wheelchair transportation safety equipment on public buses. Study participants must meet the following requirements: be 18 years or older; sit in your wheelchair while riding public buses; have access to the Internet; and live in the United States of America. For more information about participation visit the following web site: http://www.wheelchairnet.org/survey/bus.html.
(thax D S News)

********************************************************
NOTE FROM STEVE GOLD
********************************************************
Data  - 5/19/03

    A number of people emailed that they had trouble opening the HUD data re HOME funds and CDBG for each year from 1993 thru 2001.  As you remember from previous two Information Bulletins, the HOME funds are used for new construction and rehabilitation (both of which must be 5% accessible and must accept Section8 vouchers), as well as rental subsidies (which are not subject to the 5% rule).  Also, CDBG funds are used for a variety of purposes, only one of which is housing (which is subject to the 5% rule). 

    Because of the terrific computer assistance from the Memphis CIL, we can now highlight and send you this data for your local city.  What this information will NOT tell you is exactly how the HOME and CDBG funds were used.  For that, you will have to go and read the Consolidated Plans for years in question.

    If you want to know the total amount of HOME and CDBG for each year from 1993 thru 2001, please let me know your State and your local city.

Steve Gold
SteveGoldADA@cs.com

********************************************************
ADA & IT INFORMATION UPDATE
********************************************************
1. A PUBLIC FORUM: WHITE HOUSE INTERAGENCY WORKING GROUP ON ASSISTIVE TECHNOLOGY MOBILITY DEVICES
2. PRACTICAL SKILLS FOR ENHANCING YOUR ADA TOOLBOX
3. EEOC: TECHNICAL ASSISTANCE PROGRAM SEMINARS (TAPS)
4. ADA SYMPOSIUM AND EXPO 2003
5. ACCESSIBLE INFORMATION TECHNOLOGY: A PRACTICUM FOR MARKETERS AND PROGRAM MANAGERS
6. THE REVOLUTION OF EMPOWERMENT: LEAD ON! LEAD ON!
7. MARYLAND COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES: ANNUAL CONFERENCE
8. NATIONAL SUMMIT ON TRANSPORTATION FOR PEOPLE WITH DISABILITIES IN RURAL SETTINGS

**GENERAL ADA AND IT INFORMATION AND ANNOUNCEMENTS**

1. BUDGET CRISES LEAD TO DELAYS FOR TECHNOLOGY
2. NEW ULTRA-THIN SCREEN COULD LEAD TO ELECTRONIC PAPER
3. ENERGIZED TEACHING THROUGH TECHNOLOGY
4. NETWORKING WITHOUT WIRES - RESOURCES FOR EDUCATORS

**TRAINING AND CONFERENCE OPPORTUNITIES**

1. A PUBLIC FORUM: WHITE HOUSE INTERAGENCY WORKING GROUP ON ASSISTIVE TECHNOLOGY MOBILITY DEVICES
May 21, 2003
9 a.m. to 5 p.m. EST
U.S. Department of Education, Barnhard Auditorium,
400 Maryland Avenue, SW., Washington, DC.

This will be a public forum to hear comments. Individuals and interested parties will be encouraged to suggest specific ways to improve existing funding sources and give feedback about how well existing federal programs are coordinating assistive technology services for individuals with disabilities. Individuals who wish to give 5 minute testimony must reserve time on the agenda by contacting Loretta Petty Chittum, Deputy Assistant Secretary, Office of Special Education and Rehabilitative
Services, at (202) 205-5465 or OSERS.AT@ED.GOV. If you use a TTY, you may call (202) 205- 5637 and select "public comments". The public may submit written or e-mailed comments to Ms. Petty Chittum by June 1, 2003.
To read more about the Interagency Working Group:
http://www.whitehouse.gov/news/releases/2003/02/20030212-12.html

2. PRACTICAL SKILLS FOR ENHANCING YOUR ADA TOOLBOX

WORKSHOP SERIES
8:30 a.m. - 12:30 p.m.
Dover, DE

Thursday, May 22: Communication Skills to Generate Disability Awareness Monday, June 2: Conflict Resolution & the ADA in the Workplace

These workshops are offered by the Delaware Statewide Coalition on the ADA (SCADA). The cost is $30 for each workshop, or $75 for all three. Continental Breakfast will be provided. For more information or to register, call SCADA at 302-292-3066, or e-mail scada@comcast.net

3. EEOC: TECHNICAL ASSISTANCE PROGRAM SEMINARS (TAPS)

June 5, 2003: Virginia Beach, VA
June 12, 2003: Wilmington, DE
July 24, 2003: Baltimore, MD
October 30, 2003: Arlington, VA

These seminars are conducted by expert staff from the EEOC. Other Federal and State officials and private attorneys with EEO expertise may also be guest speakers. Seminars emphasize how to prevent EEO problems from developing and how to resolve discrimination complaints effectively when they do arise. Updates are provided on important legal developments and Commission policy and procedures; EEOC's latest initiatives and alternative dispute resolution program are discussed. Specialized topics will differ by seminar and may include in-depth sessions on issues such as: sexual and racial harassment; complex ADA issues, including the ADA's relation to other workplace laws; and religious and national origin discrimination.

Human resource staff, business owners, managers, supervisors, state and local government officials, federal agency EEO staff, employment agency staff, union officials, attorneys, and others will obtain useful information and guidance to help meet legal requirements and provide equal opportunity in the workplace.

Recertification credits from the Human Resource Certification Institute are available for all seminars on an hour for hour basis. Continuing Legal Education (CLE) credits will be available from select state bars for many seminars.

Regular price is $295; early bird price is $275. To receive the early-bird prices, registrations must be received within 30 days of the seminar date with credit card payment. All prices are per person, per day. For more information about specific sites, visit: http://www.eeoc.gov/outreach/private.html

4. ADA SYMPOSIUM AND EXPO 2003

June 3 - 5, 2003
Kansas City, MO

This annual event is presented by the Great Plains Disability and Business Technical Assistance Center. For more information, visit: http://www.adaproject.org

5. ACCESSIBLE INFORMATION TECHNOLOGY: A PRACTICUM FOR MARKETERS AND PROGRAM MANAGERS

June 10-11, 2003
Kellogg Center at Gallaudet University
800 Florida Avenue, NE
Washington, DC 20002

A 2-day, hands-on course for Industry Marketers and Accessibility Program Managers. Participants will engage in experiences that build skills through identifying usability and accessibility product features for diverse populations, learn techniques for promoting accessibility, and develop a business case. Registration is on-line at the form located at the Web address below. You may also call 1-866-948-8282 for more information.
Registration Deadline: June 1, 2003 at 5 PM. Cost: $790.00 per person for 2 days. Breakfast and lunch are included.
http://www.ittatc.org/training/accessibleit_june03.cfm

6. THE REVOLUTION OF EMPOWERMENT: LEAD ON! LEAD ON!

June 4 - 7, 2003
Washington, DC

This is the annual conference of the National Council on Independent Living (NCIL). For registration information, e-mail jen@nataliepshear.com

7. MARYLAND COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES: ANNUAL CONFERENCE

June 12, 2003
Baltimore, MD

For more information, call the Committee office at 410-333-2263 (V/TTY), or
1-800-637-4113 (V/TTY)

8. NATIONAL SUMMIT ON TRANSPORTATION FOR PEOPLE WITH DISABILITIES IN RURAL SETTINGS

June 16 - 17, 2003
Indianapolis, IN

For more information, e-mail pshankland@gpcpd.org

**GENERAL ADA AND IT INFORMATION AND OTHER ANNOUNCEMENTS**

1. BUDGET CRISES LEAD TO DELAYS FOR TECHNOLOGY

(Education Week, May 7, 2003) Budget crises are forcing districts in an increasing number of states to cancel planned computer systems upgrades and replacements of aging computers.
http://www.edweek.org/ew/newstory.cfm?slug=34techcuts.h22

2. NEW ULTRA-THIN SCREEN COULD LEAD TO ELECTRONIC PAPER

(eSchool News , May 8, 2003) In another huge step toward electronic textbooks with the look and feel of real books, scientists have created an ultra-thin screen that can be bent, twisted, and even rolled up and still display crisp text....
http://www.eschoolnews.com/news/showStoryalert.cfm?ArticleID=4409

3. ENERGIZED TEACHING THROUGH TECHNOLOGY

(TechLearning News, May 1). Discusses one teachers personal experience with how technology brings learning to life for students and encourages them respond with genuine enthusiasm for learning. The author describes how technology can address many serious concerns about student learning.
http://www.techlearning.com/db_area/archives/WCE/archives/bdorff.html

4. NETWORKING WITHOUT WIRES- RESOURCES FOR EDUCATORS

(TechLearning News, May 1). Wireless technologies have seen explosive growth around the globe in the past few years and there is little sign of a slowdown. In fact, forecasters predict that the Wireless Local Area Network (WLAN) market in the U.S. alone will reach $4.6 billion by the year 2005. A number of Web resources are available to help education technology leaders in their quest to keep up with the rapidly changing world off "Wi-Fi" technology-the wireless standard on which today's
WLANs are built.
http://www.techlearning.com/db_area/archives/WCE/archives/wirelswt.html
(thax K.M.)

********************************************************
WOMAN UNDER CONSERVATORSHIP GETS DIVORCE
********************************************************
Woman under a Conservatorship Gets a Divorce

The Tennessee Court of Appeals has upheld a trial court order of divorce in which one of the spouses is incapacitated and has had a conservator appointed for her.

Michael S. Sanders filed a complaint for divorce from Diane H. Sanders on August 8, 2000, in the Sumner County, Tennessee, Chancery Court. Michael and Diane had been married for 32 years. His grounds included irreconcilable differences and inappropriate marital conduct.

On June 8, 2001, Diane filed an answer and counter-complaint alleging the same grounds set out in her husband's complaint. The pleading was sworn to by Ms. Sanders' conservator and her guardian ad litem, not by Diane, who is incapacitated and has had a conservator named for her. Diane was represented in the divorce case by Hendersonville attorney Michael Edwards, who was appointed her attorney ad litem.

(A note for readers who may be unfamiliar with the Latin phrase "ad litem": yes, the courts still use Latin from time-to-time. Loosely paraphrased, "ad litem" means "for the purposes of the lawsuit."

(Because Diane lacked mental capacity to enter into a contract with a lawyer to represent her in the divorce case, the court appointed an "attorney ad litem" to represent her. By contrast, under Tennessee law the court appoints a "guardian ad litem" when a conservatorship case is filed, not to represent the alleged disabled person but to explain the case to the person and report as a "friend of the court.")

Is it possible for a person under a mental disability to get a divorce? After a final hearing the trial judge declared the parties divorced rather than granting a divorce to either party and divided the marital property. The court also awarded Diane "rehabilitative alimony" of $900 per month for a period of 60 months.

On her appeal, Diane argued that the court lacked jurisdiction to award her a divorce because her counterclaim was verified by her conservator and not by her. A very old requirement under Tennessee law is that a complaint for divorce must be signed by the party under oath, and that the facts in the complaint setting out grounds for divorce cannot be verified by anyone other than the spouse herself. In other words, Diane's conservator could not sign the complaint for her.

The appeals court observed that divorce is no longer the social stigma it once was, and that rather than granting a divorce to either party, the trial court may enter an order "declaring" the parties divorced. At the trial, this conversation between court and counsel took place:

THE COURT: She wants a divorce?
MR. EDWARDS: Yes, sir.
THE COURT: Any problem stipulating --
MR. EDWARDS: No problem at all, Judge. Well, you know, I'm at kind of a disadvantage because I'm not sure she's competent to convey to me what she wants or doesn't want. But the conversation that I had with her -- I mean, in her driveway one day she indicated that she did want the divorce so I'm basing it on that. I think it would be best for Diane.

MR. EDWARDS: ….  I've deposed Mr. Sanders. I think I have sufficient grounds for my client to be granted a divorce but it serves no purpose legal-wise.

Finding that the parties had stipulated that Diane had grounds for divorce, the appeals court upheld the trial judge's order declaring Michael and Diane divorced.

The appeals court did send the case back to the trial court for a redetermination of an award of spousal support. Because the parties and the court appeared to assume that Diane's incapacity was permanent, an award of "rehabilitative" alimony would serve no rehabilitative purpose. Instead, the court is to fashion an award of long-term support for her.

Sanders v. Sanders, May 6, 2003.
(thax Elderfax)

********************************************************
UPDATE ON MIKE'S WALK TO DC
********************************************************
I started my 2nd ANNUAL Walk 2 DC Today May 17, 2003- 17 miles so far. I would like to be invited into the Senate to present my letters and signatures for the record and to demonstrate to the Senate the fellings and stories of the real Advocate/Parents that cannot find time, money, or help to come before you. There are thousands that feel they have been left out of the Democratis Process. I would like the pleasure to present these wishes and stories to the Honored Constitutionaly Elected Senate Body.

IF I COULD . . .

I would offer the perfect Philosophy;
I would develop the best Therapy;
I would offer a plan for inclusion for all (this is possible);
I would see that NO child of any ABILITY was left behind;
I would convince all to stop bickering and work to achieve a JUST and FAIR society;
I would tell a story that would shame this culture of LIBERTY and JUSTICE for ALL;
I would resign from the Human Race, for I am not sure it is still HUMANE!!! But what good would that do?

I WILL walk to Washington DC AGAIN this year in MAY and hope that the Question I asked a couple of months ago, "DO I HAVE YOUR ATTENTION YET" is starting to take hold.

C. Michael Savory ©2003

Contact: C. Michael Savory Awak(e) Advocacy 540-662-2518

MIKE SAVORY'S WALK TO DC 2002: A HISTORY

On May 30, 2002, Mike Savory arrived in Washington D.C......on foot! He walked 90.3 miles from Winchester, Virginia to deliver our message at the final hearings of the President's Commission for Excellence in Special Education.

The nearly 1000 supporters from 47 states and around the globe voiced their thoughts on disability rights and special education. This report was entered into testimony to the President's Commission for Excellence in Special Education.

*Appointed member to the Advisory Council for the Virginia Office of Protection and Advocacy (VOPA) *Reporting Advocate to the Virginia Disability Commission *Member of the VA Governor?s School PASS Initiative Team *Member of the VA Olmstead Task Force Prevention/Transition Team *Member of SP ED Committee of Access Independence (CIL/ILC) * Member &Graduate of "Partners in Policy Making" of the VBPD *Committee for disABILITY Awareness Week April 21-28, 2003 *An Active Advocate In 9 VA County School Districts And City of Winchester *Advocate for Adult Students participating in College 504 programs

Activities in local community: *Disability Awareness Week: Committee for disABILITY Awareness Week April 21-28, 2003 *Do Dah Day (Fund raiser for Child Parent Center) *Member of Planing District 7 T-TAC Transition Council 2001-2002 *Winchester Public Schools; PTO, SEAC, Governor's PASS Initiative *Access Independence Special Education Committee *Daniel Morgan Middle School Fund Raisers *Member of DMMC PTO *Volunteer duty at CDVAES, VA AVE School WPS.

Charles Michael Savory
Mike Savory Walks to Washington D.C. for the Disabled

===============================
Comments and news of interest are always welcome.  Please feel free to use or disseminate the information in these newsletters however you want and while DAC likes to be recognized, do so only if you wish.  To subscribe (please enter state) or unsubscribe just hit reply with your wish.  Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

Website:  http://members.aol.com/DAC4VA/main.htm 

**Some people grin and bear it.  Others smile and change it.**

++

========================================================
DAC News V3-#85   Friday, May 16, 2003   
========================================================
Are you tired of your local phone service?  I am.  AT&T is now offering local & long distance services packaged together in very competitive and often times much lower rates than Verizon offers.  I called for my area and just missed the boundary but in Fairfax, Reston and Leesburg or N. VA, Richmond and certain other cities along with D.C. and Maryland and 9 other states you can save much money.  Read our first story to find out more. 

Our second story tells of a promising new drug treatment for Multiple Sclerosis and Crohn's disease.  Antegren, has shown to work well in clinical trials and you could possibly be part of these new treatments.

Please fill out the survey located in our 3rd story as the Olmstead Task Force needs to hear your voices to see if you or your family members are happy with the services you receive, your experiences or the place that you live.  Help make the changes you want by completing their online survey or writing to Fran Sadler for a text copy at:  fsadler@dmhmrsas.state.va.us  I could access the website on Netscape but the I.E. Browser would never pull it up.  Try here: http://www.olmsteadva.com/ConsumerFeedback.htm

And Oregon finally gets a small taste of Victory after winning a 9th Circuit Court Decision...read our 4th story.

Much more news so read, enjoy and comment if you wish:)

Keith-

========================================================
1.  AT&T OFFERS LOCAL SERVICE
2.  NEW TREATMENT FOR MS AND CROHN'S DISEASE
3.  CONSUMER SURVEY FOR OLMSTEAD TASK FORCE
4.  9th CIRCUIT RULES ON OLMSTEAD IN OREGON
5.  ONE MAN'S WALK TO D.C.
6.  BRIDGES4KIDS
7.  STUDY ON ONE STATE'S MEDICAID BUY-IN
8.  DISABILITY RIGHTS SUPPORTERS ARRESTED AT WHITE HOUSE
========================================================
********************************************************
AT&T OFFERS LOCAL SERVICE
********************************************************
Consumers to Benefit from Greater Choice

MORRISTOWN, N.J., May 13 /PRNewswire/ -- AT&T today announced it is now offering residential local service in parts of Maryland and Virginia, providing consumers with a choice of several local calling plans. Customers also may combine their local service with a broad selection of AT&T long distance plans, or choose the company's newest package for unlimitedlocal and long distance calling, AT&T One Rate USA (SM).

AT&T already provides residential local service to approximately 2.8 million households in nine other states.  The company doubled the number of subscribers to its residential local service in 2002. In addition, businesses in the Baltimore, Richmond, Va., and Washington metropolitan areas can take advantage of AT&T local voice and data services.

Today the company bills approximately 500,000 small-business customers for local service in 30 states and Washington, D.C. "Now many consumers in Maryland and Virginia can reap the benefits of competition by taking advantage of AT&T's local calling plans to shop for local phone service the way they shop for most other services," said Kevin Crull, senior vice president, AT&T Consumer.

"However, the wholesale rates Verizon charges competitors are still too high for us to offer service statewide. But we are hopeful that the appropriate regulatory agencies will soon be addressing those issues and swing the doors wide open to full competition-as regulators have elsewhere in the country."

Read more: http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=VANW_VA.story&STORY=/www/story/05-13-2003/0001945641&EDATE=May%2013,%202003

********************************************************
NEW TREATMENT FOR MS AND CROHN'S DISEASE
********************************************************
New Treatment For Multiple Sclerosis

Medical Matters - 05/01/03 - 10 p.m. report
By: Marsha Thompson

Multiple Sclerosis is the most common neurological disorder in young adults - especially women. It can lead to devastating disability... And there's no cure. But now doctors have a new weapon in the battle against MS "Follow my finger around with your eyes." Stacey Hughes was diagnosed with Multiple Sclerosis after she started losing vision in her left eye.

Stacey,"You walk out of the office with this diagnosis and you think oh my gosh and you have to go find a way to make it work with your world." In Multiple Sclerosis ... Immune cells that normally protect the body attack healthy brain tissue. The cells
move through the blood-brain barrier into the brain. That triggers inflammation that ultimately destroys nerves, such as the optic nerve. "These are the areas of inflammation that will ultimately end us as ms plaque. " Now Neurologists are testing a new MS therapy called Antegren.

Antegren - shown here in yellow - binds to a specific molecule on the immune cell surface. This keeps the immune cell from leaving the bloodstream and moving into the brain. J. Theodore Phillips, M.D., Ph.D., Dir., MS Research Center, Texas neurology "If we can block that process than we ought to be able to benefit the disease." A study published in the New England Journal of Medicine found, antegren slashed the number of new inflammatory sites - called brain lesions - by 93 percent.

"It is effective in a way that may in fact surpass any of our other treatment options." Stacey volunteered for the study. A recent MRI showed she had no new or active lesions. "I felt a whole lot better, really quickly within like the first six weeks I had lost all the numbness and tingling in my legs and I just generally felt a better sense of well-being." "Knock on wood everything's great."

For Crohn's disease trials: 888-635-6243 Antegren is currently in advanced clinical trials... You can find out how to participate by calling 888-456-2255. Researchers are also using it to treat Crohn's disease.

Here's a little history for you -- MS was among the first diseases to be described scientifically. The National Multiple Sclerosis Society says doctors did not understand what they saw and recorded, but medical drawings done as early as 1838 clearly show what we today recognize as MS.

http://www.wlbt.com/Global/story.asp?S=1261517&nav=2CSfFbEW

********************************************************
CONSUMER SURVEY FOR OLMSTEAD TASK FORCE
********************************************************
The Olmstead Task Force was created by the General Assembly in the 2002 Appropriation Act with the strong support of Governor Warner. It is chaired by Health and Human Resources Secretary, Jane H. Woods, and coordinated by the Department of Mental Health, Mental Retardation and Substance Abuse Services. The Task Force brings together individuals from all walks of life who have interests in doing what is best to assure Virginians with all types of physical, mental, or sensory disabilities have an opportunity to live in the community. Its 65 members include consumers, family members, advocates, providers, and 15 state agencies having responsibility for providing services to individuals with disabilities in the Commonwealth.

The Task Force is gathering information on the services and the needs of people with individuals with disabilities in the areas of housing, employment, prevention and transition services, qualified providers, and waivers. This information is critical to making Virginia’s “Olmstead Plan” and its implementation accountable for years to come.

Consumer and Family Feedback Form For the Virginia Olmstead "One Community" Plan
http://www.olmsteadva.com/ConsumerFeedback.htm

"If people with disabilities are able to live independently in the community, they should have the freedom to do so. In light of the Olmstead decision, it's time to examine all state policies affecting persons with disabilities and to help them live in the setting that is most appropriate for their needs. Our top priority should be to help all Virginians have the opportunity to live with as much dignity and independence as possible."

Mark Warner, Governor of Virginia
(thax H.L.)

********************************************************
9th CIRCUIT RULES ON OLMSTEAD IN OREGON
********************************************************
Oregon's Olmstead case was decided on May 14, 2003 by the 9th Circuit Court.  It was a total win under 9th Circuit precedent for proceeding against DHS under Title II (no immunity) and waiver under 504. The Court also directly addressed the state's argument that they should not be able to proceed under Title II and 504 under Ex Parte Young; first finding that suing an official when the statute refers to "public entity" is akin to a 1983 action when the law refers to a "state"; rejecting the notion that Title II and 504 provide comprehensive remedies; and rejecting the argument that a suit under Ex Parte Young is really against the state. The 9th Circuit declined to reach the 1983 claims under the Due Process clause as it was an interlocutory
appeal and found no jurisdiction to do so.

The decision can be found on-line at:
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/FF08E5249AF508AC88256D2500835F46/$file/0135950.pdf?openelement  (thax M.S.)

********************************************************
ONE MAN'S WALK TO D.C.
********************************************************
Last year, Mike Savory, a resident of Virginia walked 90+ miles to Washington DC.  He is the father a son with a disability and experiences physical disabilities.

He arrived in DC last year to deliver 800+ comments from parents and other stakeholders to the final public hearing of the President's Commission for Excellence in Speical Education.  This "petition" was entered into testimony in response to the damaging testimony by school administrators which has led to much of the substance contained in HR 1350 right now.  A review of the final report of the Commission reveals that elimination of short term objects, due process changes, optional 3 year IEPs, etc. were items discussed and recommended by the Commission. Mike felt at the time it was imperative to deliver the testimony of parents to that final hearing.

He walked alone though he asked for others to join him for a mile. That is when the petition was created so he could hand-deliver the parents who could not go.

Mike walks again this year. He would like to walk with others and seeks your participation. He will be leaving for DC this Friday.

Visit his website at:
http://www.geocities.com/mikesavorywalk

If you would like to join Mike, write him please at: sav425@cs.com

He walks for us and our children...
(thax D.B.)

********************************************************
BRIDGES4KIDS
********************************************************
HEARING LOSS CAN MEAN LEARNING LOSS FOR UP TO 15% OF STUDENTS
Click here.
Hearing loss takes a toll on learning. Children with severe or profound hearing loss are easy to spot, but those with moderate or minimal hearing problems sometimes go undetected and many experience a slow but steady decline in academic achievement. "The numbers are shocking," said an assistant superintendent for student services. "I'm sure we underestimate the prevalence of hearing loss in our schools, and we overlook the fact that most classroom learning depends on hearing and listening."

CHILD MISDIAGNOSED WITH ADHD MAKING THE GRADE AFTER REAL PROBLEM FOUND
Lori Lyle, wave3.com, Louisville, KY
Click here.
What if the diagnosis just doesn't fit, and your child is still struggling? It could be something you've never heard of, yet "hearing" is what it's all about.

NOVEN/SHIRE: METHYPATCH FOR AD/HD COMES UNSTUCK
Datamonitor
Click here.
MethyPatch was to be the first transdermal formulation of methylphenidate for the treatment of Attention Deficit/Hyperactivity Disorder (ADHD). Noven and Shire Pharmaceuticals, which owns the patch's marketing and licensing rights worldwide, had initially aimed to generate as much as $100 million from the product. However, the NDA filing, which was originally scheduled to occur within the first half of 2001, was delayed following the inconclusive results of a phase III trial.

RAISING JUSTIN
Irene Sege, Boston Globe
Click here.
The imaginary play that comes so effortlessly to Faith is anything but instinctive to Justin, who was diagnosed with autism when he was 3 and had not yet begun to talk. The stimulation he seeks helps him cope with a chaotic world of sights, sounds, tastes, and smells that his brain cannot easily separate into foreground and background information.

DOCTOR'S CHILDREN AVOID MMR
Jenny Hope, Daily Mail, femail.co.uk
Click here.
Two out of five children being given single vaccines instead of the MMR jab have parents who are medically trained, a survey has revealed.

SPECIALLY DESIGNED WALKER BRINGS HOPE TO YOUNG CEREBRAL PALSY VICTIMS
Lori Lyle, wave3.com
Click here.
Children with cerebral palsy often rely on walkers and wheelchairs to get around since their small bodies just aren't strong enough to give appropriate support. Now there's a device that's paving the way for what could be a remarkable journey for thousands to follow.

RECURRENT CONCUSSIONS MAY BE LINKED TO DEPRESSION, NORTH CAROLINA STUDY FINDS
Lauran Neergaard, Canadian Press and AP
Click here.
It's the latest finding that suggests what many people consider merely a bang really can have long-term repercussions. Now scientists are beginning intensive imaging studies to pin down just what happens inside the brain when someone suffers a concussion.

RARE SYNDROME HAS 3 VICTIMS, MEDICAL EXPERTS SAY
Heath Foster, Seattle Post-Intelligencer
Click here.
In cases of Prader-Willi syndrome, experts say there are really three victims: the child who must suffer through a lifetime of insatiable hunger and the mother and father who must constantly deny food to their child so he doesn't die.

  ***Ask the Attorney/Advocate***   

QUESTION: What is the timeline in the Michigan for a re-evaluation (not initial evaluation) to take place? In addition, should I receive copies of all evaluation reports before the IEP meeting?
bridges4kids Exclusive - JOHN BROWER'S ANSWER: Click here.
(thax Bridges4kids)

********************************************************
STUDY ON ONE STATE'S MEDICAID BUY-IN
********************************************************
Work Incentives Update
May 12, 2003

Lessons from the California Working Disabled Program

On Tuesday, May 13, a major and thought provoking study on workers with disabilities and their Medicaid needs will be available.  

Your review  would be appreciated.  It can inform on other new programs and their needs in the area of work, health and public programs for people with disabilities, such as the Ticket to Work program.   The study was commissioned and overseen by the Medi-Cal Policy Institute and conducted by The Lewin Group.

      --Bryon MacDonald

Lessons from the California Working Disabled Program

The California Working Disabled Program:  Lessons Learned, Looking Ahead examines the factors affecting enrollment in this Medi-Cal program and provides cost estimates of select programmatic changes. Recommendations for improving enrollment include expanding awareness of the program among the uninsured eligible population, health care providers, and county eligibility workers as well as opportunities to make the program’s premium and work requirements more attractive to potential enrollees.  The full report can be found at www.medi-cal.org.
 
If you have any questions, please do not hesitate to contact me.

Thanks!

Greg Nelson
Communication Officer
California HealthCare Foundation
476 Ninth Street
Oakland, CA  94607
Phone: 510.587.3157
Fax:      510.238.1387
(thax W.K.)

********************************************************
DISABILITY RIGHTS SUPPORTERS ARRESTED AT WHITE HOUSE
********************************************************
About 500 ADAPT disability rights activists are converging on Washington, D.C. to demand an apology from President George W. Bush and Congress for the lives stolen from persons with disabilities by decades of forced institutionalization.

Seeking the apologies, supporting MiCASSA legislation, and advocating for disability rights generally, the 5 days of advocacy and action kicked-off with a march to the White House. Below are a report from the Washington Post and the ADAPT news release. Contrary to the Post's numbers, police reports indicated that more than 80 protesters were arrested after they handcuffed themselves to the White House fence and refused to disperse.

Washington Post
Monday, May 12, 2003; Page B03

Protesters Denounce Medicare Rules
(Washington, DC) About 150 people in wheelchairs gathered outside the White House yesterday to demand an apology from President Bush and Congress for what they said were decades of forced institutionalization caused by rigid Medicare rules that favor nursing homes and other institutions over at-home care for the disabled.

About two dozen protesters, chanting "free our people," handcuffed themselves to the fence in front of the White House, but D.C. police officers quickly unlocked and confiscated the handcuffs.

Organizers said the protest was the start of five days of action to push for passage of the Medicaid Community-Based Attendant Services and Supports Act, which would allow people with disabilities to receive Medicaid to cover care in their homes rather than forcing them to go to nursing homes and other facilities.

http://www.washingtonpost.com/wp-dyn/articles/A43319-2003May11.html
(thax ADAWatch)

===============================
Comments and news of interest are always welcome.  Please feel free to use or disseminate the information in these newsletters however you want and while DAC likes to be recognized, do so only if you wish.  To subscribe (please enter state) or unsubscribe just hit reply with your wish.  Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

Website:  http://members.aol.com/DAC4VA/main.htm 

**Some people grin and bear it.  Others smile and change it.**

++

========================================================
DAC News V3-#84   Monday, May 12, 2003   
========================================================
I received a letter today dated May 9, 2003, from Gwendolyn L. Harris, the Commissioner for the Department of Human Services in New Jersey.  Obviously the printing presses are working well in NJ as it was almost an exact duplicate of a letter sent to Mr. Duimstra, (see 1st story below). 

What galls me most is that New Jersey Governor James E. McGreevey and Ms Harris expect us to believe this crock of swill.  I suppose they had no knowledge of these investigated stories after their exhaustive, unannounced visits to residential and vocational sites where Ms Harris claims there was no "evidence of abuse."  Perhaps the lights were off but the screams should have been heard correct????  What about the fines to Bancroft Neuro Health for NOT meeting "standards of care?"  Has that fine (over $150,000) been collected?  Not that we are aware of.

Please read these two stories that ran at NewJersey.com, "Teaneck woman's mission in life is caring for autistic son (part 1) Sunday, May 11, 2003, By Lindy Washburn, STAFF WRITER at: Part one: A child's struggle, a mother's love http://www.northjersey.com/page.php?qstr=eXJpcnk3ZjczN2Y3dnFlZUVFeXk1NSZmZ2JlbDdmN3ZxZWVFRXl5NjM3Njk4NSZ5cmlyeTdmNzE3Zjd2cWVlRUV5eTI=
and the 2nd story: "Boy's death puts spotlight on restraints" Monday, May 12, 2003 By LINDY WASHBURN, STAFF WRITER, SECOND OF TWO PARTS at:  North Jersey Media Group--Boy's death spotlights restraints part 2  http://www.northjersey.com/page.php?qstr=eXJpcnk3ZjczN2Y3dnFlZUVFeXk1NDUmZmdiZWw3Zjd2cWVlRUV5eTYzNzc2MTEmeXJpcnk3ZjcxN2Y3dnFlZUVFeXky

If this is the assurance that New Jersey residents get to "continue to ensure the safety of all individuals entrusted to our care," as stated by Ms Harris and followed by other state officials, then woe be unto those poor vulnerable disabled persons suffering in New Jersey's new hidden "eugenics" experiment to continue trying to rid the state of additional health care expenses.  Just when we thought eugenics was over we've just discovered that it's possibly just been hidden under the guise of the Department of Human Services and carried out by Governor James McGreevey and Ms Harris in New Jersey.

Are you disgusted?  I hope so and I hope you write, fax, or call New Jersey about these atrocities that DAC has pointed out for months (read here Abuse in New Jersey) and now NJ reporters are writing about.  I'll leave you the email addresses of all the NJ legislators at the end of the 1st story.  I encourage you to write to them expressing your disgust.

Our 2nd story is so unbelievable it's a must read for people with common sense.  Only in DC can dumb decisions be made...well maybe not only in DC....??? 

Much more news so read, get mad, and write.....

Keith-

========================================================
1.  DUPLICATE LETTERS FROM NEW JERSEY
2.  SEGWAY, NO WAY, FOR METRO IN DC
3.  GLOBAL ACCESSIBILITY STRATEGY
4.  NATIONAL NEWS FOR PHYSICAL ACTIVITY AND DISABILITY
5.  EINSTEIN AND NEWTON SHOWED SIGNS OF AUTISM
6.  NEWS FROM BRIDGES4KIDS
========================================================
********************************************************
DUPLICATE LETTERS FROM NEW JERSEY
********************************************************
Dear Mr. Duimstra: OR Mr. Kessler:

  I am writing in follow up to my March 5th (mine said March 17th but it was a fax not an email) correspondence and in response to your e-mails to Governor James McGreevey regarding the alleged abuse and neglect of developmentally disabled individuals residing in community programs. Let me assure you that I share your concerns and appreciate your commitment to improving the quality of life to persons with developmental disabilities and enhancing the standard of care in the community.
(what a crock of lies)....kk- 
  With respect to the two specific cases referenced in your e-mails that involved consumer deaths, the incidents were thoroughly investigated by DDD Special Response Unit, with the results forwarded to the respective licensing entities. Additionally, these programs were inspected by DDD's Office of Licensing and Inspections with corrective actions implemented and sanctions imposed when warranted. In one of the cases noted, representatives from DDD have maintained a presence in the residential programs to ensure the safety of the individuals and compliance with licensing standards. DDD staff also conducted unannounced visits to the residential and vocational programs. (I suppose they went after midnight?)

  While confidentiality statutes limit what I can disclose (heck, we already know about these cases there's no confidentiality...more bull)..kk with respect to specific investigations, I can share that DDD's Special Response Unit is presently investigating the issues regarding the Sussex County ARC. To date, the investigation has established the alleged abuse did not involve an individual receiving services from DDD and did not occur in a program licensed by DDD. The individual was provided the necessary referral to the appropriate investigative and licensing agency. It is also important to note that, thus far, the investigation and unannounced visits to residential and vocational sites have not produced any evidence of abuse.
(Look, but don't notice)
  Thank you for sharing your concerns for developmentally disabled individuals. I assure you that the Department of Human Services will continue to ensure the safety of all individuals entrusted to our care. (If this is what Ms Harris and Governor McGreevey considers as safety to ALL individuals entrusted to NJ state care then woe be unto them)...kk-

   Sincerely,
   Gwendolyn L. Harris
   Commissioner, Department of Human Sevices

(SenAdler@njleg.org, SenAllen@njleg.org, SenBark@njleg.org, SenBennett@njleg.org, SenBryant@njleg.org, SenBucco@njleg.org, SenBuono@njleg.org, SenCafiero@njleg.org, SenCardinale@njleg.org, SenCharles@njleg.org, SenCiesla@njleg.org, SenCodey@njleg.org, SenConiglio@njleg.org, SenConnors@njleg.org, SenFurnari@njleg.org, SenGill@njleg.org, SenGirgenti@njleg.org, SenGormley@njleg.org, SenInverso@njleg.org, SenJames@njleg.org, SenKavanaugh@njleg.org, SenKean@njleg.org, SenKenny@njleg.org, SenKyrillos@njleg.org, SenLance@njleg.org, SenLesniak@njleg.org, SenLittell@njleg.org, SenMartin@njleg.org, SenMatheussen@njleg.org, SenMcNamara@njleg.org, SenPalaia@njleg.org, SenRice@njleg.org, SenSacco@njleg.org, SenSinger@njleg.org, SenSmith@njleg.org, SenSuliga@njleg.org, SenSweeney@njleg.org, SenTurner@njleg.org, SenBitale@njleg.org, AsmAhearn@njleg.org, AsmArnone@njleg.org, AsmAsselta@njleg.org, AsmAzzolina@njleg.org, AsmBarnes@njleg.org, AsmBateman@njleg.org, AsmBiondi@njleg.org, AsmBlee@njleg.org, AsmBodine@njleg.org, AsmBramnick@njleg.org, AsmBurzichelli@njleg.org, AsmCaraballo@njleg.org, AsmCarroll@njleg.org, AsmChatzidakis@njleg.org, AsmChivukula@njleg.org, AsmCohem@njleg.org, AsmConaway@njleg.org, AsmConners@njleg.org, AsmCorodemus@njleg.org, AsmCruz-Perez@njleg.org, AsmCryan@njleg.org, AsmD'Amato@njleg.org, AsmDancer@njleg.org, AsmDeCroce@njleg.org, AsmDiGaetano@njleg.org, AsmDiegman@njleg.org, AsmDoherty@njleg.org, AsmDoria@njleg.org, AsmEagler@njleg.org, AsmEdwards@njleg.org, AsmEgan@njleg.org, AsmFarragher@njleg.org, AsmFisher@njleg.org, AsmFragnuela@njleg.org, AsmFriscia@njleg.org, AsmGeist@njleg.org, AsmGreen@njleg.org, AsmGreenstein@njleg.org, AsmGreenwald@njleg.org, AsmGregg@njleg.org, AsmGuear@njleg.org, AsmGusciora@njleg.org, AsmHackett@njleg.org, AsmHeck@njleg.org, AsmHolzapfel@njleg.org, AsmImpreveduto@njleg.org, AsmJohnson@njleg.org, AsmKean@njleg.org, AsmMalone@njleg.org, AsmMcHose@njleg.org, AsmMcKeon@njleg.org, AsmMoran@njleg.org, AsmMunoz@njleg.org, AsmMyers@njleg.org, AsmO'Toole@njleg.org, AsmPayne@njleg.org, AsmPennacchio@njleg.org, AsmPerez-Cinciarelli@njleg.org, AsmPou@njleg.org, AsmPrevite@njleg.org, AsmQuigley@njleg.org, AsmRoberts@njleg.org, AsmRoney@njleg.org, AsmRusso@njleg.org, AsmSarlo@njleg.org, AsmSires@njleg.org, AsmSmith@njleg.org, AsmStanley@njleg.org, AsmSteele@njleg.org, AsmStender@njleg.org, AsmThompson@njleg.org, AsmTucker@njleg.org, AsmVanDrew@njleg.org, AsmVandervalk@njleg.org, AsmWatsonColeman@njleg.org, AsmWeinberg@njleg.org, AsmQisniewski@njleg.org, AsmWolfe@njleg.org)

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SEGWAY, NO WAY, FOR METRO IN DC
********************************************************
New Wheels Run Afoul of Metro
Disabled Woman on a Segway Challenges System's Rules on Access

By Lyndsey Layton
Washington Post Staff Writer
Saturday, May 10, 2003; Page B01

Anne Kinkella stepped on the Segway, and the world opened up.

For the first time in the 17 years she's lived in Alexandria, Kinkella, who has spina bifida, could zoom along the bike path that hugs the Potomac River. "I never knew there was sculpture along the water," she said.

Instead of pulling herself with double canes or pushing her heavy wheelchair, she could glide along sidewalks, run errands, take her dog for a brisk walk.

She could go anywhere on the electric-powered device -- except the Metro.

Yesterday, as Kinkella, 48, rolled into the Braddock Road Metro station to board a train to her job, she was stopped at the elevator by Transit Police Officer James Fistner. Fistner said Segways are not permitted inside Metro stations, which sparked a passionate but largely cordial exchange between the two as station managers looked on.

Read more:
http://www.washingtonpost.com/wp-dyn/articles/A36640-2003May9.html

NOTE:
Is this the month of national stupid decisons because power wheelchairs can go anywhere from 6.5mph to some up to 30mph?....kk

********************************************************
GLOBAL ACCESSIBILITY STRATEGY
********************************************************
Good day,

               IBM has a global accessibility strategy to ensure its hardware and software are accessible. It wants to change the IT world. What is this strategy? Will it work? What can the benefits be? Who gave the orders to implement it? Why is global accessibility so important to IBM?

              I answer these questions in a feature located at www.at508.com. The address is http://www.at508.com/articles/jw_017.asp. Visit the site, read the column and give me your opinions.

               John Williams
             
********************************************************
NATIONAL NEWS FOR PHYSICAL ACTIVITY AND DISABILITY
********************************************************
Director's Corner: Sheltered Workshops Must Encourage Physical Activity
From the Information Specialists' Desk
The Joy of ... Not Only Cooking ... But Also Eating ... for Persons with Disabilities and Chronic Conditions
Obesity and Exercise
MTV Seeking Young People Who Use Wheelchairs for Documentary Film
NIA Exercise Guide and Video for Seniors
Wheelchair Basketball Inspirational Video
WHO Global Strategy on Diet, Physical Activity and Health
Paul Schulte Nominated for World Award
Emergency Evacuation Preparedness: A Guide for People with Disabilities and Other Activity Limitations
Guide for Successful One-Hand Functioning
Research on Functional Recovery from Spinal Cord Injury
ASK Conference for Special Kids
Need for Sports Wheelchairs
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Director's Corner

The field of developmental disabilities has made great strides in closing inhumane residential facilities and providing opportunities for employment and integration into the community. It’s now time for directors of residential programs and sheltered workshops and policy makers to turn their attention towards health promotion. The next big push for social change must include more opportunities and incentives for people with developmental disabilities to engage in higher levels of  physical activity throughout the day. Promoting enjoyable and rewarding physical activity opportunities will, in the long run, result in substantial improvements in health and quality of life. 

Read the entire column at http://www.ncpad.org/Feature/directors_corner/DC050803.htm

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From the Information Specialists'  Desk

- May is National Physical Fitness and Sports month, and this year is its 20th anniversary. Consult the President's Council on Physical Fitness and Sports for further ideas on how to get moving as well as thoughts on planning a fitness/health fair, fitness talks, social events, fitness/sports testing and other fun information at  http://www.ncpad.org/newsletters/may03_link.htm.

WANT TO WIN A NCPAD T-SHIRT?

- Do you know of a disability-friendly place to exercise or participate in sports or recreation programs in your community? Do you operate an accessible facility that you would like listed in our programs database?  If so, complete our 7 minute survey and we’ll send you a free NCPAD t-shirt.  For more information on obtaining a copy of the survey, contact Cheeri Ong at cheeri@uic.edu. NCPAD will add it to our online searchable database and send you a free NCPAD t-shirt!

- NCPAD Discussion Forums: We are presently using the discussion forums to highlight requests and responses that can be of use to many recipients and hope to develop an online community for information sharing. If you have a question, simply post your request at http://www.ncpad.org/discus_script/discus.cgi and choose among a variety of categories: NCPAD General Requests, Sites for Travel or Vacation, Program and Activities for Children, Camps, Equipment and Adaptations Wanted, and a Variety Forum. View a few recent requests at http://www.ncpad.org/discus/messages/8/8.html?1045609820.

We look forward to corresponding with you online! Do you want to add a write-up for the NCPAD online feature: Abstracts? This section includes abstracts of current research on physical activity and disability. These abstracts include a discussion section that addresses the signifcance of the topic and offers opinions on the current article.

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The Joy of ... Not Only Cooking ... But Also Eating ... For Persons with Disabilities and Chronic Conditions

Imagination, inspiration, and even best-selling cookbooks can arise from adversity. In 1931, Irma Rombauer, a widow looking for a means to support her family, decided to create a cookbook of her personal collection of recipes. To date, more than 15 million copies of her original The Joy of Cooking: a Compilation of Reliable Recipes with a Casual Culinary Chat have been sold.

In his November, 2002 Director's Corner Column, Dr. James Rimmer discussed  the difficulties in getting straightforward and sound advice about various disabilities and nutrition. He is certainly correct. In Mrs. Rombauer's day, there was a shortage of simple, straightforward information on how to prepare an exquisite meal. Today, not only in text but also on the Internet, we have an explosion of information related to diet, nutrition, food supplements, vitamins, minerals, cooking, etc.

So what I would like to offer in this monograph is not so much advice about what people with various disabilities and chronic health conditions should eat, but rather introduce some practical guidelines, in the form of Mrs. Rombauer’s chats, which can make the eating experience more joyful and meaningful to one’s overall well being. Who knows…we might start a compilation of practical suggestions from NCPAD readers to be edited into a new “Joy of…” book!

Read the entire monograph at http://www.ncpad.org/whtpprs/joyofeating.htm

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Obesity and Exercise

Obesity has reached epidemic proportions, both within the U.S. and throughout the world. Current research can shed light on what can be done about the problem, both from the standpoints of physical activity and nutrition.

- The April 9, 2003 issue of the Journal of the American Medical Association is dedicated to a discussion of sedentary behaviors, the risk of adult and pediatric obesity and diabetes, and the safety of low-carbohydrate diets. Read more from the Journal of the American Medical Association at http://www.ncpad.org/newsletters/may03_link.htm.

Journal Highlights

Hu et al. (2003) in studying a middle-aged cohort of women, determined that light activities, including standing or walking around at home, as well as brisk walking, were associated with a lower risk of obesity and diabetes throughout 6 years of follow-up. These findings suggest that movement in general is important to combating obesity.

Heska et al. (2003) compared weight loss and health benefits achieved and maintained through self-help weight loss programs versus a structured commercial weight loss program and determined that over a 2 year period, the structured program (Weight Watchers) provided modest, but greater weight loss than the self-help program.

Another Article of Interest

“Parents Must Help Their Children Fight Obesity”
In the American Journal of Medicine and Sports for Primary Care Professionals, Haines et al.  (2003) reported on the success of a healthy-eating and family-based physical activity program for overweight children. Findings conclude that family plays an instrumental role in helping children develop healthy eating and physical activity habits. (Haines DJ, Knutson D, and Duffy J. March/April 2003. Prescription for Childhood Obesity: Healthy Eating and Family-Based Physical Activity. American Journal of Medicine and Sports for Primary Care Professionals: 124-130).

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MTV Seeking Young People Who Use Wheelchairs for Documentary Film

MTV is currently seeking participants for a reality-based documentary about the everyday life of young wheelchair users. They are searching for individuals who would like the chance to tell their story on camera and show other young people what daily life is really like for a wheelchair user at home, school, work and other social situations.

Write to MTV as soon as possible at wheels@mtvstaff.com.

--------------------------------------------------
NIA Exercise Guide and Video for Seniors

The National Institute on Aging provides an excellent exercise guide and video for seniors.

The exercise guide provides information such as sample exercises, nutritional ideas, target heart rate information, as well as activity and progress charts. This guide is free and can be ordered by calling 800-222-2225, NIH Publication No. 01-4258, or online via our link, http://www.ncpad.org/newsletters/may03_link.htm.

The accompanying 48-minute video reviews the exercise program outlined in the guide and features Margaret Richard, star of PBS' Body Electric exercise show. It can be purchased by sending a check or money order of $7.00 to NIAIC, Dept. W, P.O. Box 8057, Gaithersburg, MD 20898-8057. View exercise video clips from our link:  http://www.ncpad.org/newsletters/may03_link.htm.

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Wheelchair Basketball Motivational Video

“Kiss My Wheels” is a new 57-minute film following the Hot Shots wheelchair basketball team throughout their 2000-2001 dream season on their way to the national championship. The Hot Shots coach, District Judge Albert "Pat" Murdoch, not only builds the kids' confidence and athletic skills but helps them weather the death of one of their beloved teammates, Mathu Barry.

The Boston-based company Fanlight Productions hopes to distribute the work nationally in libraries, schools, as well as medical and rehabilitation centers. For more information on the "Kiss my Wheels" video, check out the link at http://www.ncpad.org/newsletters/may03_link.htm 

The work can be purchased or rented in VHS video from:

Fanlight Productions
4196 Washington St., Suite 2
Boston, MA 02131
T: 800-937-4113
E-mail: fanlight@fanlight.com

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WHO Global Strategy on Diet, Physical Activity and Health

Throughout the month of April, the  World Health Organization Diet and Physical Activity Forum hosted an internet-based discussion on food, nutrition, and physical activity. Findings from the talks will be used in the Geneva consultation meeting and finalized WHO Global Strategy.

Topics for the series were:

Week 1: Focus areas for the WHO Global Strategy
Week 2: Food policy: healthy food production
Week 3: Physical activity promotion
Week 4: Food marketing

To check out the WHO Global Strategy transcript, visit the link at http://www.ncpad.org/newsletters/may03_link.htm.

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Paul Schulte Nominated for World Award

Paul Schulte of the Dallas Wheelchair Mavericks has been nominated as the World Sportsperson of the Year with a Disability. Paul joins Tiger Woods, Lance Armstrong, Annika Sorenstam, Serena Williams, Pete Sampras, and the Brazilian soccer team as nominees in their respective categories.

For more information on  Paul Schulte, the Dallas Wheelchair Mavericks or the  Laureus Sports awards, click onto

http://www.ncpad.org/newsletters/may03_link.htm.

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Emergency Evacuation Preparedness: Taking Responsibility for Your Safety: A Guide for People with Disabilities and Other Activity Limitations

The Center for Disability Issues and the Health Professions (CDIHP) at Western University of Health Sciences in Pomona, California, announces a new 36-page guide to help people with disabilities be better prepared for large or small-scale emergencies. This guide helps people take responsibility for their own safety during emergencies and evacuations and work effectively with first responders. Online access to the CDIHP guide can be found at http://www.ncpad.org/newsletters/may03_link.htm, or to order a hard copy, send a check payable to CDIHP for $24.00 (includes shipping, handling and applicable tax) to CDIHP, 309 E. 2nd Street, Pomona, CA 91766-1854.

Contact CDIHP for pricing on bulk or international orders at Phone: (909) 469-5380, TTY (909) 469-5520, Fax: (909) 469-5407, E-mail: evac@westernu.edu.

--------------------------------------------------
Guide for Successful One-Hand Functioning

The New Mexico Office of Disability and Health has produced a new free booklet on successful one-handed functioning. Topics include suggestions for personal care, tying shoes, food preparation, home care, baby care, transportation, and other miscellaneous items, including carrying groceries, photography, computer use, and playing musical instruments. A short list of additional resources is also included.

Access the New Mexico Office of Disability and Health documents online through our link: http://www.ncpad.org/newsletters/may03_link.htm and contact Susan O. Gray with comments and suggestions (Phone: 505-827-2976; Fax: 505-827-1606).

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Research on Functional Recovery from Spinal Cord Injury

The ongoing scientific research regarding spinal cord regeneration would benefit greatly from input of people with paralysis. Kim Anderson is a researcher who has quadriplegia and sees from a first-hand perspective the gap in communication between scientists and the community of people with spinal cord injury. She is conducting a short survey that is designed to determine the needs of people with spinal cord injuries and their requests of the research community regarding functional recovery.

If you have a spinal cord injury, please contact Kim at kanderso@uci.edu (or Reeve-Irvine Research Center, 1216 GNRF, University of California at Irvine, Irvine, CA 92697-4292) so she can e-mail/mail you the survey. If you know someone who has a spinal cord injury, please forward this information to them so as many people as possible can be heard. The community has a responsibility to inform researchers about what functional recovery is important to people with SCI.

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ASK Conference for Special Kids

The 2003 Alternatives for Special Kids (ASK!) Conference will be May 8-11, 2003 in Irvine, California. ASK! provides a meeting place for practitioners, parents, and children to collaborate on various health related issues. The focus of the ASK! 2003 Conference is not primarily about research, but more about practical applications. Over 200 presentation and 64 workshops focus on topics that can significantly affect children with special needs. The exhibit hall is free and features over 80 exhibitors, ranging from large manufacturers to professional services to one-person shops. Exhibitors have excelled in offering services and products that have opened the doors for children with disabilities. For more information on the ASK! Conference, visit: http://www.ncpad.org/newsletters/may03_link.htm.

Alternatives for Special Kids
Conference, Exhibits, Workshops, and Consultations
Hyatt Regency Irvine
T: 401-315-0590
E-mail: info@4healthykids.org

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Need for Sports Wheelchairs

The 1999 Kocaeli earthquake in Turkey left a large number of children and adults with disabilities. The International Women of Istanbul (IWI) will be hosting the first wheelchair tennis tournament in Izmit, using only one sports chair. With economic downturns and the cost of a chair averaging $3,000, the demand for wheelchairs goes greatly unfulfilled. The IWI is trying to provide sports wheelchairs to some young people with disabilities so that they can participate in physical activity and sports programs,. The donated chairs will be shared among participants and will become a valuable asset to the program. If you know of anyone or any company that might be able to donate used sports chairs, please contact Marina Baumeister (marina@kumsal.net) or Sydnee Voigt (berndvoigt@superonline.com).
(thax NCPAD)

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EINSTEIN AND NEWTON SHOWED SIGNS OF AUTISM
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Einstein and Newton showed signs of autism
30 April 03
Exclusive from New Scientist Print Edition

They were certainly geniuses, but did Albert Einstein and Isaac Newton also have autism? According to autism expert Simon Baron-Cohen, they might both have shown many signs of Asperger syndrome, a form of the condition that does not cause learning difficulties.

Although he admits that it is impossible to make a definite diagnosis for someone who is no longer living, Baron-Cohen says he hopes this kind of analysis can shed light on why some people with autism excel in life, while others struggle.

Autism is heritable, and there are clues that the genes for autism are linked to those that confer a talent for grasping complex systems - anything from computer programs to musical techniques. Mathematicians, engineers and physicists, for instance, tend to have a relatively high rate of autism among their relatives.

Baron-Cohen, who is based at Cambridge University, and mathematician Ioan James of Oxford University assessed the personality traits of Newton and Einstein to see if they exhibited three key symptoms of Asperger syndrome: obsessive interests, difficulty in social relationships, and problems communicating.

Full text
http://www.newscientist.com/news/news.jsp?id=ns99993676
(thax M.S.)

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NEWS FROM BRIDGES4KIDS
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GLUTEN FREE/CASEIN FREE (GF/CF) DIET LINKS
Click here.
View the extensive list here!

MY EXPERIENCE WITH CHELATION
Hai Dang
Click here.
Chelation is not an easy process and required a lot of hard work and attention. We have been detoxifying both of our children for the last one-and-one-half year. We use Andy Cutler's protocol with three days on and eleven days off.

OVERCOMING DYSLEXIA
NBC's Today Show guest Dr. Sally Shaywitz
Click here.
In her latest book, Dr. Sally Shaywitz instructs parents in what they can do year-by-year, grade-by-grade, step-by-step for a dyslexic child. Read an excerpt of "Overcoming Dyslexia: A New and Complete Science-Based Program for Reading Problems at Any Level," below.

  ***Ask the Attorney/Advocate***

QUESTION: Is it possible to have my son's school pay for social skills class from a private service provider?
bridges4kids Exclusive - JOHN BROWER'S ANSWER: Click here.
(thax Bridges4kids)

Subscribe to Bridges4kids at DACS "main" page with links:)
===============================
Comments and news of interest are always welcome.  Please feel free to use or disseminate the information in these newsletters however you want and while DAC likes to be recognized, do so only if you wish.  To subscribe (please enter state) or unsubscribe just hit reply with your wish.  Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

Website:  http://members.aol.com/DAC4VA/main.htm 

**Some people grin and bear it.  Others smile and change it.**

++

========================================================
DAC News V3-#83   Friday, May 09, 2003   
========================================================
As I mentioned in my last newsletter, I'm running as an Independent Candidate for County Supervisor in Prince William County, VA to unseat our 21 year incumbent who has more or less forgotten about his constituents in lieu of developers big pockets and other self-serving interests. 

A candidate only needs 125 valid signatures to be placed on our ballots but I wanted to meet the people and have collected around 1,500 signatures so far and am shooting for 2,000 before June.  Of all those people who signed only 4 (who still signed) were wanting to vote for the incumbent. When I unseat this person who is past his political prime and long overdue for retirement, it will be most humiliating for him to have his vast campaign chest go to waste by losing to me because I will not accept the numerous amounts of money I've been offered and see no reason to do so now.  I'm running a zero dollar campaign so far:)

This is my opponents last attempt hurrah in the political scene and while it is no big deal to me either way, he has turned off a great number of his past allies which will ultimately help me.  I hate to see a person go down this way but our county just can't afford another 4 years of his non leadership and lack of concern for only but a few.  It just shouldn't work that way with our elected officials.  

Not only do I want to "represent" constituents, as I have my DAC readers, but I want to prove that it doesn't always take great sums of money to vote these people out of office.  Our VOTES are our greatest assets and I will keep you updated on my progress for the November general elections.  If you want a change, remember that you too can make that change by registering to vote and then by voting.  Maybe not for me but for better candidates in each of your own localities.   

Next, keep posted on events at the ADAPT Action, May 10-15 in Washington, DC with News, Commentary and Photos from the action. For daily updates go to:
http://www.freeourpeople.org/aar/wdc03/

Much more news so read, enjoy and comment if you wish:)

Keith-

gotta say this (Authorized by Kessler for Supervisor)

========================================================
1.  NEVADA ADA FIX ADVANCES
2.  PUBLIC FORUM ON ASSISTIVE TECHNOLOGY MOBILITY DEVICES
3.  DEAF EXPO -- SUMMER BASKETBALL DEAF CAMP
4.  NCAHB UPDATE (HOMEBOUND RULE)
5.  MEDICAID HOPING TO SAVE ON DRUGS
6.  SOCIAL SECURITY NEWS
7.  NATIONAL NEWS
8.  WHEELCHAIR TRANSPORTATION STUDY
========================================================
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NEVADA ADA FIX ADVANCES
********************************************************
The Nevada State Senate Judiciary Committee has endorsed an important bill that seeks to essentially waive sovereign immunity and allow state workers the same protections as other workers under the ADA and other federal protections. This is an important step towards restoring protections rolled back in the Courts in the name of "Federalism."     

Today: May 08, 2003 at 11:57:05 PDT

Nevada Senate Panel Endorses Worker Lawsuit Bill
By BRENDAN RILEY
ASSOCIATED PRESS

CARSON CITY, Nev. (AP) - An Assembly bill ensuring state workers aren't barred from filing federal discrimination lawsuits against Nevada was endorsed Thursday by a key Senate panel.

The Judiciary Committee sent AB341 to the Senate floor for a final legislative test, with Sen. Mike McGinness, R-Fallon, casting the only "no" vote.

McGinness said he was concerned about the potential fiscal impact of the bill, which says the state can be held liable for discrimination under federal legislation such as the Family and Medical Leave Act and Americans with Disabilities Act.

In a Judiciary hearing Wednesday, union leaders, civil rights activists and other proponents of the bill argued federal civil rights and fair labor laws should apply to the state just as they do to private companies.

But the state attorney general's office said Nevada already has its own laws that parallel many of the federal laws, and AB341 could force the office to hire new lawyers and cost the state nearly $2 million a year.

Assemblyman John Oceguera, D-Las Vegas, pushed for the legislation in response to the plight of a Nevada welfare worker fired in 1997 after missing work for months on end.

William Hibbs was caring for his ailing wife, and claimed reverse discrimination after the state denied his request for additional time off under the federal Family and Medical Leave Act.

Nevada contended Congress had overstepped its bounds with the 1993 law and that it was immune to Hibbs' suit under the U.S. Constitution. The case was argued before the U.S. Supreme Court in January. A decision is pending.

In other action Thursday, Senate Judiciary:

-Approved AB163, an Assembly-approved measure that would impose big fines and long prison terms on people convicted of corporate crimes in Nevada.

Under Assemblyman David Goldwater's bill, someone who destroys paper or electronic documents to hide illegal activities or hinder an investigation into such activities could face fines up to $500,000 and prison terms of up to 20 years.

Goldwater, D-Las Vegas, said the proposal would help protect investors who otherwise might lose all their savings to white-collar criminals.

In approving Goldwater's measure, Senate Judiciary amended into it wording from SB298, which would raise fees for resident agents and create a new business entity with lawsuit liabiity protections.

SB298 already was approved in the Senate and now is Assembly Taxation, which is considering a rival bill, AB281, that jacks up costs of incorporating a business in Nevada. The Nevada Resident Agents Association favors SB298 and opposes AB281.

-Revised and approved AB156, which reinstates the plea of "not guilty by reason of insanity" in criminal cases. Lawmakers removed the plea in 1995 at the request of prosecutors, replacing it with a plea of "guilty but mentally ill." But in 2001 the Nevada Supreme Court ruled that the move violated the United States and Nevada constitutions.

The court held that plea was a violation of due process because a person could be convicted of a crime even if they didn't have the intention to commit it.

The bill also establishes guidelines for detaining and treating people acquitted because they're mentally ill.
(thax ADAwatch)

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PUBLIC FORUM ON ASSISTIVE TECHNOLOGY MOBILITY DEVICES
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The Interagency Working Group on Assistive Technology Mobility Devices, chaired by U.S. Secretary of Education, Rod Paige, is holding a public forum on May 21, 2003, from 9 a.m. to 5 p.m. ET at the U.S. Department of Education, Barnhard Auditorium, 400 Maryland Avenue, SW., Washington, DC.   

REQUEST FOR COMMENTS
In addition to soliciting input during the public forum, we invite the public to submit written or electronically mailed comments on how well the existing federal programs and resources are serving individuals with disabilities—especially any barriers they suggest interfere with an individual’s option of pooling funding to obtain the assistive technology mobility devices they need to pursue their educational and employment goals. If you have any suggestions or recommendations on how to improve the existing structure, such as regulatory change, suggestions to improve interagency coordination, or policy guidance, we are particularly interested in these issues.

DATES: We request your written and email comments to be provided no later than June 1, 2003.

ADDRESSES: Submit all comments to: Loretta Petty Chittum, Chair, Assistive Technology Mobility Devices Working Group, Deputy Assistant Secretary, Office of Special Education and Rehabilitative Services, 400 Maryland Avenue, SW., Room 3006, Switzer Building, Washington, DC 20202, FAX: (202) 205–9252, PHONE: (202) 205– 5465, E-MAIL: OSERS.AT@ED.GOV.

FOR FURTHER INFORMATION CONTACT: Loretta Petty Chittum, Chair, Assistive Technology Mobility Devices Working Group, Deputy Assistant Secretary, Office of Special Education and Rehabilitative Services, 400 Maryland Avenue, SW., Room 3006, Switzer Building, Washington, DC 20202, FAX: (202) 205–9252, PHONE: (202) 205– 5465, E-MAIL: OSERS.AT@ED.GOV. If you use a telecommunications device for the deaf, you may call (202) 205– 5637 and select “public comments”.

Individuals with disabilities may obtain a copy of this notice in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed in the previous paragraph.
(thax C;)

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DEAF EXPO -- SUMMER BASKETBALL DEAF CAMP
********************************************************
DEAF EXPO(tm) COMING TO PHILLY

Country's Largest Consumer Trade Show Targeted At The Deaf & Hard of Hearing Market

FIRST SHOW ON EAST COAST
* Friday May 30th, 9am-5pm
* Saturday May 31st, 9am-6pm

DEAF EXPO 2003-Philadelphia
Pennsylvania Convention Center
Philadelphia, PA

- We Are Expanding!
- Ten Consecutive Years On West Coast
- Now We Are Coming To The East Coast!
- Open To General Public

What You Can Expect:
Exhibits
Deaf Village
Deaf Art Contest

PROGRAMS
* Deaf World Performing Stage
* Seminars & Workshops
* Technology Forum

[Signed and Voice-Interpreted]

Door Prizes
Two Evening Entertainment Events

DEAF EXPO 2003-Philadelphia
Pennsylvania Convention Center
Philadelphia, PA

* Friday May 30th, 9am-5pm
* Saturday May 31st, 9am-6pm

OFFICIAL HOTEL: Hilton Garden Inn Philadelphia

DEAF EXPO 2003 HOTLINE
Toll-Free TTY: 1-877-890-9458
Toll-Free Voice: 1-866-295-4899
A Project of CSD
(thax D.F.)
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SUMMER BASKETBALL DEAF CAMP

For Immediate Release
Contact: Bridgetta Bourne-Firl, Outreach Division
Phone: 510 794 3707
Email: bfirl@csdf-cde.ca.gov
Fax: 510 794 2577

            22-27 June, 2003: 2003 Deaf Basketball Camp
            Fremont, California -- Boys and Girls, Grades 5-12

This basketball camp is uniquely designed to provide a visually based environment for the deaf campers from all over the country. All in 5th-12th grade is welcome!

Basketball campers will learn offensive and defensive fundamentals, master free-throw techniques, and develop a conceptual understanding of teamwork. The camp will feature one to eight coach-to-camper ratio to ensure individual attention, focus on basketball fundamentals, and much more.  The campers will learn from the experienced coaches at the California School for the Deaf, Ms. Debbie Ayres and Mr. Oskar Schugg. Combined, they have over 30 years of basketball coaching experience from various places including Cal State Fullerton, Iowa State University, University of Tennessee, and the Deaf World Games.

Campers can choose to be day or residential campers during that week. The space will be filled on a first come, first serve basis. To attend, the fee is only $100 and it includes lodging, meals, a camp ball, a camp shirt, and awards.

For registration, more information, and pictures, see http://www.csdf.k12.ca.us/sports/bballcamp/bbcamp2003.htm
For further inquiries, contact camp directors:
Ms. Debbie Ayres, dayres@csdf-cde.ca.gov 
Mr. Oskar Schugg, oschugg@csdf-cde.ca.gov

This program is hosted by the California School for the Deaf, Fremont.

The California School for the Deaf - Fremont has an international reputation for its quality education for Deaf and for enhancing the esteem of children who are deaf. As a state-funded public school for students who are Deaf and Hard of Hearing living in Northern California, it provides education that is specifically designed to promote for visually stimulating learning. The school also provides services to the entire family of the students. Community and Family Education programs are offered on campus and in the other parts of Northern California to increase awareness about persons who are Deaf.  Please contact the school at (510) 794-3707 for further information or visit the student-produced website: www.csdf.k12.ca.us
(thax d-c-r)

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NCAHB UPDATE (HOMEBOUND RULE)
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Dear friends of NCAHB, 

Congressmen Ed Markey and Chris Smith introduced H.R. 1874 last week, which is a compromise homebound bill that attempts to address CBO's cost concerns by piloting a change in the homebound rule, which would give people with permanent and severe chronic disabilities an exception to the homebound restriction.  This is like Senator Collins' bill (S. 598), only that H.R. 1874 would pilot the change rather than amending the existing Medicare home health statute (as would S. 598).  If after three years, costs have not unreasonably increased due to the pilot, then the change to the homebound restriction would become a permanent statutory change.

Calls your U.S. Representatives' health legislative assistants and ask them to help ensure that H.R. 1874 (the "David Jayne Homebound Reform Act") gets included in the House Ways and Means Medicare bill and the House Energy and Commerce Medicare bill.  The votes will happen next week (as early as May 13) so it's important that you call right away!  You can reach your Representatives' Washington, D.C., offices by calling the Capitol Hill Operator (202-225-3121) and ask to be transferred to your Representative's office.  To email: http://www.house.gov/

If your Representatives' health legislative assistants have any questions about this bill, please have them call Henry Claypool with AIMMM (202-429-6810) or Kathy Thompson with VNAA (202-737-3707).

Please imagine yourself permanently and severely disabled, dealing with tremendous challenges just to get through the day and faced with a lifetime of home imprisonment to receive life sustaining home health services. This homebound legislation has a real chance of being included in the Medicare reform bill ONLY with your help. Please call and or email your Representative this week. Also, please forward this to at least five friends and to subscribe to the NCAHB listserver NCAHB1-subscribe@yahoogroups.com

You will not receive good luck or good fortune, but you can feel good knowing you are righting a terrible wrong. Many thanks in advance.

Best regards,
David Jayne
NCAHB Founder
http://www.amendhomeboundpolicy.homestead.com
115 Hayes Circle
Rex, Georgia 30273
DavidJayne@ncahb.org  

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MEDICAID HOPING TO SAVE ON DRUGS
********************************************************
May 07, 2003
Medicaid hoping to save on drugs
State agency wants to use preferred list

BY TAMMIE SMITH
TIMES-DISPATCH STAFF WRITER

Virginia's Medicaid program hopes to save millions on prescription drugs in coming years, but some consumer advocates worry patients will suffer.

Some legislators have problems with the proposal's emphasis on rebates or mandatory price discounts from pharmaceutical companies to generate savings.

The measure had been included in the governor's budget proposal but removed in the version approved by the legislature.

Read More: http://www.timesdispatch.com/news/vametro/MGB07EENEFD.html
(thax L)

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SOCIAL SECURITY NEWS
********************************************************
--  AWARD-WINNING WEBSITE IMPROVED
--  OUR WEBSITE GETS A NEW NAME
--  LONG LIVE AMERICANS
--  TOP 10 WAYS TO SAFE FOR YOUR FUTURE
--  NEW STRATEGIC PLAN ANNOUNCED
--  THIS MONTH IN SOCIAL SECURITY HISTORY

AWARD-WINNING WEBSITE IMPROVED

Our website is already considered one of the best and most useful sites in government.  But, we've decided to make it even better and easier to use! When you visit our site, we have the information most likely to be of interest to you on our front page.  If you're a person thinking about retiring, click on "plan for your retirement" or "apply for benefits online."  If you're an employer, we link you to helpful information on wage reporting. Whatever Social Security information you're looking for, you'll
find it faster and easier than ever before on our new website.  Our website is more accessible than ever to people with disabilities.

You can use our site to request personal information, such as an estimate of your future Social Security benefits or a letter verifying your benefits if you're already getting them.  You also can use our site to replace your Medicare card and to get all sorts of information about Social Security and what it means to you.  Rest assured that your information is safe on our site -- we use the best security methods available to be sure that no one can access your information but you.  Tour the new site now! http://www.socialsecurity.gov

OUR WEBSITE GETS A NEW NAME

Our website has a new name -- www.socialsecurity.gov -- to go along with its improved look and feel.

So now you can go to socialsecurity.gov to get all of the great information you were accustomed to finding at www.ssa.gov .  If you visit our site so often that ssa.gov is already saved on your computer as a "favorite," that's okay.  The old web address will continue to work, too. http://www.socialsecurity.gov

LONG LIVE AMERICANS

Here's some great news -- Americans are living longer than ever before! According to the Centers for Disease Control and Prevention, life expectancy for Americans has reached an all-time high.  In 2001, life expectancy for men reached 74.4 years and for women 79.8 years. This means that Americans can now expect to live an average of 77.2 years.

Compare these current life expectancies to those of the past.  A century ago, in 1900, the average American man could expect to live to about 40.4 while the average woman lived around 43.1 years.  Fifty years later, in 1950, life expectancy for men was 62.6 and for women was 67.4.  And in 1980, life expectancy for Americans had increased to 68.2 for men and 76.1 for women.  Americans have nearly doubled life expectancy in 100 years.

Along with the good news comes the reality that Americans now need to save for their futures more than ever.  To make the best of their longer lives, Americans need to plan for their retirement as early as they can.  Social Security is the foundation for a secure retirement, but it was never meant to be the sole source of a person's retirement income.   To learn more about our part of your retirement, see our retirement page. http://www.socialsecurity.gov/retirement/

HELPING YOU SAVE FOR YOUR FUTURE

We want to help you take charge of your financial future -- especially now that Americans are living longer than ever before.  This month, in partnership with the American Savings Education Council (ASEC), we are launching the "Save For Your Future" campaign to educate Americans about saving and planning for all stages of life, including retirement.

Jim Lockhart, the Deputy Commissioner of Social Security, launched the Save for your Future campaign at the National Press Club in Washington D.C. on May 1, 2003.  The kickoff will be followed by events during the month of May in Atlanta, Chicago, Dallas, Denver, Kansas City (Mo.), Los Angeles, New York, Orlando, Pittsburgh, Portland (Maine), San Francisco, and Portland, (Ore.).

Throughout the year, we'll bring you information about pensions, personal savings and financial planning tools to help you secure a comfortable financial future.  To begin, we'd like to share with you the 10 best ways to prepare for your retirement.  To see the top 10 list, visit the online publication produced by our partners at ASEC.
http://www.asec.org/tools/topten.htm

To read more about the Save For Your Future campaign, visit the link below.
http://www.saveforyourfuture.org

NEW STRATEGIC PLAN ANNOUNCED

Social Security has many challenges ahead, including growing and changing workloads.  To meet these challenges, Jo Anne B. Barnhart, Commissioner of
Social Security, recently released the Social Security Administration's Strategic Plan for Fiscal Years 2003-2008.  "I know from experience what the people of SSA are capable of achieving.  Last year alone, our disability components caught up with CDRs, finishing our 7-year plan on time and under budget.  DDSs exceeded goals in processing claims, while Hearing Offices surpassed their clearance goals.  And recently, the Supplemental Security Income (SSI) program was removed from the General Accounting Office's high-risk list.  These significant accomplishments could not have been achieved without the dedication and hard work of our employees."  The document describes the Agency's strategies for delivering results. Take a look at our new plan online. http://www.socialsecurity.gov/strategicplan.html

THIS MONTH IN SOCIAL SECURITY HISTORY

On May 24, 1937, the new Social Security Act was found to be constitutional by the Supreme Court.  But do you know which Justice wrote the majority opinion?  He wrote, "The hope behind this statute is to save men and women from the rigors of the poor house as well as from the haunting fear that such a lot awaits them when journey's end is near."  The Justice was appointed by President Hoover to fill the seat of the legendary Oliver Wendell Holmes.  He wrote four volumes of essays on the philosophy of law prior to being appointed to the Supreme Court.  If you know whom we're talking about, or you'd like to find out, take the history quiz challenge!
http://www.socialsecurity.gov/history/puzzles/quiz21.html
(thax Enews)

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NATIONAL NEWS
********************************************************
NATIONAL NEWS:

Groups urge oversight for assisted living.
http://tinyurl.com/as5s

Amputee running out of options.
http://tinyurl.com/as67

Study: Kids With Disabilities at Risk.
http://tinyurl.com/ase5

Senate Aging Committee Holds Hearing on Assisted Living Study.
http://tinyurl.com/avov

One-Third of Disabled People Over 50 Have Postponed Care Because of Cost, Study Says.
http://tinyurl.com/avox

Cuts Considered by Several State Legislatures Will Increase Number of Uninsured, Officials, Experts Say.
http://tinyurl.com/avoy

Rep. Gephardt's Near-Universal Coverage Proposal Could 'Redefine' Campaign.
http://tinyurl.com/avp3

Students compete in deaf finger spelling bee.
http://tinyurl.com/avpv

USA Paralympics looking for new athletes.
http://tinyurl.com/avpk

Toys"R"Us is looking for kids to model in their Toy Guide for Differently-Abled Kids.
http://tinyurl.com/avpp

Teen bridges deaf, hearing cultures: Student anticipates Australian adventure.
http://tinyurl.com/avpx

[To read New York Times articles, you can register for free on their site - you do not have to subscribe to the paper.]
(thax V.McN)

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WHEELCHAIR TRANSPORTATION STUDY
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Seeking individuals who use wheelchairs as their primary means of mobility to participate in a research study being conducted by the Rehabilitation Engineering Reseach Center (RERC) at the University of Pittsburgh. This study is designed to investigate different aspects of transportation use by wheelchair users and the risk and nature of injuries to these individuals involved in motor vehicle accidents. It is not necessary that you have been in an automobile accident to participate.

Participants will be asked to answer a short survey, including questions about the wheelchair, use of transporation and any motor vehicle accidents that may have occurred. Eligible subjects will receive $20.00 for their time and effort. If you are interested please contact Ashley Rotko by phone: (412) 383-7047, or by email: mailto:karst55+@pitt.edu   Thank you!
(Thax W.K.)

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Comments and news of interest are always welcome.  Please feel free to use or disseminate the information in these newsletters however you want and while DAC likes to be recognized, do so only if you wish.  To subscribe (please enter state) or unsubscribe just hit reply with your wish.  Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

Website:  http://members.aol.com/DAC4VA/main.htm 

**Some people grin and bear it.  Others smile and change it.**

++

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DAC News V3-#82   Tuesday, May 06, 2003   
========================================================
Just when we thought the "eugenics" era was finished our states around the country are sneaking it right back in with a new way to rid society of those they deem burdens on the state.  Read our 1st story where Oregon and many other states that are facing a severe budget crisis react by having the first thing cut being as "human service" programs.  You must remember that we HAVE the largest minority voting block there is to stop these inequities if we just started pulling together and voting these THUGS out of office who keep making the same campaign promises year after year to get elected and then forget to represent us.

If you want a change, then get registered to vote.  Join us in our effort to rid our states and local and federal elected officials from office.  VOTE for persons you know will represent YOU and lets put our fate and future in OUR hands, not some self-serving elected official that continues to make promises but never delivers.   

I'm running for elected office in Prince William County, VA as a County Supervisor challenging a 21 year incumbent who tells the same stale campaign lies each election cycle and the people have foolishly reelected him.  Well, no more, as the population has changed, the demographics have changed, and the 'good ol' boy' officials are being booted to the curbs.  If you want a change, then get involved, register to vote and then vote these people out of office. 

You don't have to run against them as I am but you can certainly hold those people's feet to the fire with your precious vote. With my name recognition and the many disgruntled voters I meet daily this 21 year incumbent will be terribly embarrassed upon his defeat, despite frivolous lawsuits they've brought against me and the dirty politicking going on in our county this year.  Don't ever let these people intimidate you because your true POWER is in your VOTE!  Unlike other elected officials all I'm asking for is the people's vote, and NOT their money.  Isn't this a refreshing change to show I won't be bought and paid for to be a puppet for big money?      

Much more news so read, enjoy and comment if you wish:)

Keith-

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1.  THE FACES OF BUDGET CUTS
2.  ADA UPDATES FOR MAY
3.  CONSUMER RESEARCH iCAN
4.  ARE ELDERLY BEING DENIED LIFE SAVING TREATMENT?
5.  ACCESSIBLE TEMPORARY EVENTS
6.  HBOT GRANT AVAILABLE
7.  NEWS & RECOURSES
========================================================
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THE FACES OF BUDGET CUTS
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The New York Times
May 5, 2003

The Faces of Budget Cuts

By BOB HERBERT

PORTLAND, Ore.

Cheryl Asbell was fidgety, anxious. She compulsively adjusted the soft-brimmed bucket hat that she wore during the interview in her living room. Now she stared at me, her eyes wide.

"I'll tell you what's going to happen," she said. "I'm going to be dead. That's what's going to happen.

"Ms. Asbell, tall, thin and middle-aged, described herself as deeply depressed and paranoid. Her periodic descents into psychosis, she said, are becoming more and more difficult to handle.

She tried to commit suicide in January and ended up in a hospital for 10 days. "I stopped breathing, but they brought me back," she said. "I feel a little better now.

"During one psychotic episode she removed the metal plates from all of the switches and outlets in the apartment. "I thought there were cameras in there," she said.

She pointed to a tiny hole in the living room ceiling. "I thought there was a camera in there, too. I thought there were people outside the house watching me. I called the police and they came by and said everything was all right.

"Doctors have prescribed a long list of medications to ward off the worst manifestations of Ms. Asbell's illness. But she can't afford them. She has been dumped from a state program that paid for the medication and for sessions of much-needed psychotherapy. Now she gets some medication in the form of samples from doctor's offices. The rest she does without.

Ms. Asbell is one of thousands of Oregon residents who are seriously in need of medical care but are being cut from essential (and even life-saving) programs because of the state's budget meltdown.

Last month The Oregonian reported on the case of Douglas Schmidt, a 36-year-old epileptic who lost his prescription drug benefit because of budget cuts. The benefit paid for his anti-seizure medication. Eight to 10 days after his supply of pills ran out, Mr. Schmidt suffered a massive epileptic seizure. He has been in a coma ever since and is not expected to recover.

Last week I interviewed Rose Spears, who is 50, has had thyroid cancer and is disabled from diabetes. She lives alone in a one-bedroom apartment. The table beside her bed is covered with medicine vials.

"I lost my prescription drug coverage," she said, "so I have to pay out of pocket for my 11-odd medications, plus two insulins. I can't afford it. The total bill is $912 per month and my income is $728. Right now I'm surviving off samples my doctor can give me.

"Oregon is one of many states caught in a fiscal quagmire. There are many reasons for the budgetary distress, which has spread from coast to coast. They include a lousy national economy, a widespread unwillingness locally and nationally to levy the taxes necessary to support government services, and the refusal of the Bush administration to help state and local governments that are experiencing their worst budget shortfalls since World War II.

In Oregon the situation is getting worse, not better. School financing has been cut so drastically that some districts have had to curtail the school year. And health care cuts that have already hurt thousands of poor and working-poor residents are expected to go much deeper, beginning July 1.

Not too long ago the Oregon health care system was a model that was admired and studied by professionals around the country. Now, because of a lack of funds, it is falling apart.

"It's horrible to see what's happening with some of the very successful things that we did," said Jean Thorne, the state's director of human services.

The drastic cuts in governmental services that are being made in Oregon and other states are eroding the nation's basic defenses against ignorance, disease and destitution.

Both Rose Spears and Cheryl Asbell are petrified that at some point they won't be able to get doctors' samples and their medication will be cut off entirely.

"I haven't had my blood sugar below 250 since the beginning of the year," said Ms. Spears. "It's the stress. I have to take my medication if I want to stick around. But what if I can't get it? I pray constantly."

"I've lost 45 pounds since my coverage was cut," said Ms. Asbell. "I don't sleep at all, I'm so worried.

"She said she is convinced that without her medication she will sink ever more deeply into a depression from which she will not emerge. 
(thax S.C.)

NOTE: This could and probably is happening in your state....you know what to do so do it.

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ADA UPDATES FOR MAY
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1. NATIONAL FORUM OF THE 29TH INSTITUTE ON REHABILITATION ISSUES
2. THE ADA & REASONABLE ACCOMMODATION IN THE WORKPLACE
3. INTRODUCTION TO HOME MODIFICATIONS, UNIVERSAL DESIGN, AND
VISIT-ABILITY
4. ADA SYMPOSIUM AND EXPO 2003
5. THE REVOLUTION OF EMPOWERMENT: LEAD ON! LEAD ON!
**General ADA and IT Information and Announcements**
1. ENFORCING THE ADA - A STATUS REPORT FROM U.S. DEPT. OF JUSTICE
2. EEOC EXPANDS MEDIATION WITH NEW FEPA PILOT PROGRAM
3. SUPREME COURT DECIDES "CLACKAMAS" CASE: WHO COUNTS AS AN "EMPLOYEE"?
4. DISABLED LEAST LIKELY TO USE INTERNET, SAYS STUDY
5. COMPANIES CAN NOW CERTIFY AS SIF COMPLIANT
6. NEW SEARCH ENGINE TECHNOLOGY HELPS QUICKLY PINPOINT RELEVANT INFORMATION
7. TELEPHONE NEWS SERVICE FOR THE BLIND
8. USA PARALYMPICS TRACK & FIELD SEEKING ATHLETES

**TRAINING AND CONFERENCE OPPORTUNITIES**

1. NATIONAL FORUM OF THE 29TH INSTITUTE ON REHABILITATION ISSUES

May 5 - 6, 2003
Washington Marriott Hotel
1221 22nd Street, N.W.
Washington, DC
The two draft publications to be discussed at this year's Forum are entitled "Promoting Consumer Empowerment through Professional VR Counseling" and "Teaching Orientation and Mobility Professionals: Non-Traditional Approaches to Meet Critical Staffing Shortages." IRI publications are widely used by rehabilitation professionals and other stakeholders in the VR program as training materials and technical assistance resources. For registration information, visit the George
Washington University Regional Rehabilitation Continuing Education Program (RRCEP) III web site http://www.gwu.edu/%7Errcep/National.htm or contact the RRCEP directly via e-mail at fbutler@gwu.edu, telephone at:
(202) 973-1550, TTY at (202) 973-1544, or FAX at (202) 775-0053.

2. THE ADA AND REASONABLE ACCOMMODATION IN THE WORKPLACE

May 5 - June 13, 2003
ON-LINE COURSE

This course is offered by the Rehabilitation Research & Training Center on Workplace Supports at Virginia Commonwealth University. Topics to be covered include the conceptual framework of the ADA, Supreme Court rulings, preparing for and conducting job interviews, reasonable accommodations in the workplace, and management of injured workers. This course is approved for re-certification credit hours toward PHR and SPHR through the Human Resource Certification Institute; CRC and CEU credits are also available. For more information, visit
www.worksupport.com or e-mail Teri Blankenship at: tcblanke@saturn.vcu.edu

3. INTRODUCTION TO HOME MODIFICATIONS, UNIVERSAL DESIGN, AND
VISIT-ABILITY

May 16, 2003
Columbia, MD

This training will be held at the Gateway Campus of Howard Community College (HCC).  For more information, contact the Homes for Life Coalition at the Howard County Office on Aging at 410-313-6546, or e-mail homesforlife@comcast.net

4. ADA SYMPOSIUM AND EXPO 2003

June 3 - 5, 2003
Kansas City, MO

This annual event is presented by the Great Plains Disability and Business Technical Assistance Center. For more information, visit: http://www.adaproject.org

5. THE REVOLUTION OF EMPOWERMENT: LEAD ON! LEAD ON!

June 4 - 7, 2003
Washington, DC

This is the annual conference of the National Council on Independent Living (NCIL). For registration information, e-mail: jen@nataliepshear.com

_______________________________________

**GENERAL ADA AND IT INFORMATION AND OTHER ANNOUNCEMENTS**

1. ENFORCING THE ADA - A STATUS REPORT FROM U.S. DEPT. OF JUSTICE

This most recent Status Report covers the ADA enforcement activities of the Department of Justice during the period of October - December of 2002: http://www.usdoj.gov/crt/ada/octdec02.htm

2. EEOC EXPANDS MEDIATION WITH NEW FEPA PILOT PROGRAM

(EEOC Press Release, April 24)  The EEOC today announced the launch of a new mediation pilot program with nine state and local Fair Employment Practices Agencies (FEPAs). Under the new pilot initiative, part of the EEOC's continuing expansion of voluntary mediation, FEPAs will mediate private sector charge filings with EEOC on a contract basis in Alaska, Florida, Indiana, Iowa, Kansas, New Mexico, New York, Ohio and South Carolina. www.eeoc.gov/press/4-24-03.html

3. SUPREME COURT DECIDES "CLACKAMAS" CASE: WHO COUNTS AS AN "EMPLOYEE"?

The Supreme Court issued its ruling in the "Clackamas" case, which dealt with the issue of how to determine when a "partner" in a business has the role of an employee, for purposes of counting the number of employees a business has. The Court's opinion is posted at:
http://supct.law.cornell.edu:8080/supct/pdf/01-1435P.ZO

4. DISABLED LEAST LIKELY TO USE INTERNET, SAYS STUDY

(Center for an Accessible Society, April 16). Almost three quarters of Americans who report having a disability also do not use the Internet, says a new study from The Pew Internet & American Life Project. Over a quarter of these respondents say their disabilities make it difficult or impossible to go online. "Currently, the disabled are less connected than many other groups of Americans," says the report.
http://www.accessiblesociety.org/topics/webaccess/pewinternetstudy.html
(I disagree with this report...kk)

5. COMPANIES CAN NOW CERTIFY AS SIF COMPLIANT

(E-School News, April 28). A highly touted solution that lets different K-12 software programs share student data among multiple software programs without any retyping launched its long-awaited compliance program April 25. The Schools Interoperability Framework (SIF) is an open-standard specification that lets different K-12 software programs such as student information systems and library automation software
connect through a central server and share information in a common computer language. http://www.eschoolnews.com/news/showStoryts.cfm?ArticleID=4373

6. NEW SEARCH ENGINE TECHNOLOGY HELPS QUICKLY PINPOINT RELEVANT INFORMATION

For teachers, students, and librarians, the ability to locate high-quality, relevant information about a particular topic quickly and easily is critical. This ability might be greatly enhanced by a new search engine technology from iXMatch Inc. that combines the best of meta-searches and clustering to deliver search results from a district's own library resources-as well as external sources.
http://www.eschoolnews.com/news/showStoryalert.cfm?ArticleID=4363

7. TELEPHONE NEWS SERVICE FOR THE BLIND

(AT Journal, April 15). Like many commuters on the morning train, Lorenz gets her news while traveling to work. But while most commuters are hidden behind fully opened newspapers, Lorenz is on her cell phone getting the latest developments of the world just by calling 1-888-882-1629. http://www.atnet.org/news/apr03/041501.htm

8. USA PARALYMPICS TRACK & FIELD SEEKING ATHLETES

(UCP, April 24). The U.S. Paralympic National Performance Team is looking for new athletes with physical disabilities who are interested in training for and possibly competing in the 2004 Paralympic Games in Athens Greece. Any athlete, coach, administrator, parent or friend who knows of such a person is encouraged to contact a National Performance Team coach. http://www.ucp.org/ucp_generaldoc.cfm/1/2/126/126-126/4624
(thax K.M)

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CONSUMER RESEARCH iCAN
********************************************************
We are excited to be entering into the second year of producing The Heidi Reports; the only ongoing collection of data designed to help businesses improve their products, services, accessibility and employment of people with disabilities.

To make this effort succeed, we need your help. You can take the Spring 2003 survey - named after iCan!'s founder, Heidi Van Arnem - online at: Spring 2003 Heidi Van Arnem Disability Consumer research survey

Or if you would prefer, e-mail us at research@icanonline.net and we will send you a copy you can print and return. You can also call us toll-free at (877) 275-4226, and a member of our research team will read the questions to you and register your answers.

Your privacy will be protected. No personal information will be used in the report, nor will it be shared or sold.

Working together, we will contribute to positive change and increased awareness. To quote our founder:

"Our goal, our mission, our commitment, our partnerships, exist from one basic and fundamental truth: there is inequality, lack of understanding and most importantly lack of appreciation of this diverse, underserved, very large community. The quickest way to social change is through businesses and customers both benefiting. It is essential we help businesses and industries to recognize this market and incorporate products, services, and opportunities that fit our needs." - Heidi Van Arnem

Thank you for helping achieve Heidi's mission. I'll look forward to your reply.

Best,

Pam Morenzetti
iCan, Inc.
870 Bowers Street
Birmingham, MI. 48009
Phone: 248-594-4226
http://www.ican.com
America Online Keyword: iCan
(thax M.J.)

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ARE ELDERLY BEING DENIED LIFE SAVING TREATMENT?
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Are Elderly Being Denied Life-Saving Treatment?

The disturbing answer is "yes." That, at least, is the conclusion reached by Scotland on Sunday, a weekly newspaper published in Scotland, in its April 6, 2003, issue.

Researchers from the Public Health Department of Aberdeen University's medical school surveyed the incidence of colon cancer in Scotland over four years. After studying 13,000 cases and adjusting for as whether patients had other illnesses that are more common in the elderly and might have justified withholding treatment, the experts concluded that elderly patients are being denied life-saving treatment by National Health Service hospitals.

Professor Elizabeth Russell and David Austin, leaders of the university survey, found that younger persons are up to five times more likely to get vital cancer treatment than elderly persons, who are eligible for NHS benefits in the United Kingdom. (The UK's National Health Service bears some resemblance to the Medicare program in the United States.)

Broken down by age groups, they found that fewer than one in five patients aged 55 to 64 were given chemotherapy, and fewer than one in 10 65 to 74-year-olds received it, compared with one in three 17 to 54-year-olds.

That was despite the fact that, according to the researchers, current evidence shows that older patients respond as well to chemotherapy as younger people.

The results of the study follow a "do not resuscitate" controversy, says Scotland on Sunday, over elderly patients and further undermine government assurances that age discrimination is not a problem in the health service.

The Aberdeen University findings appear to contradict the conclusions reached a couple of years ago by a blue-ribbon panel convened by the Scottish Executive to investigate whether "ageism" existed in the National Health Service.

According to that report, prepared by the Chief Medical Officer’s Expert Group for Health Care of Older People, "Several studies suggest that older cancer patients are treated differently than younger cancer patients. For example, surgery is performed less often and radiotherapy is used less often. However, few of these studies have controlled for co-morbidity and most of the research showing age differences in the management of cancer patients is North American.

"The evidence on cancer care does not point to widespread and systematic age discrimination in the UK National Health Service," the report concludes.

In March 2001, the UK government pledged 120 million pounds as part of the first National Service Framework for Older People, which sets out national standards for services in areas such as stroke care, social and hospital care, and demands an end to discrimination within the NHS on the grounds of age.

Lest Americans think that discrimination against the elderly in cancer treatment exists elsewhere, but not in this country, researchers at Philadelphia's Fox Chase Cancer Center published a report in the February 6, 2002, Journal of the National Cancer Institute concluding that elderly patients are underrepresented in clinical trials.

"There is a perception within the medical field that elderly patients cannot tolerate combined or aggressive chemotherapy regimens and therefore are often prescribed single agent or best supportive care alone," said Corey Langer, MD, director of thoracic and head and neck medical oncology at Fox Chase Cancer Center and lead author on the paper. "This study proves that relatively fit elderly patients can tolerate more aggressive chemotherapy to treat non-small cell lung cancer."
(thax Elderfax)

********************************************************
ACCESSIBLE TEMPORARY EVENTS
********************************************************
Accessible Temporary Events
The Center for Universal Design at North Carolina State University has produced "Accessible Temporary Events: A Planning Guide." This practical publication includes information on how to plan, promote, and provide accessible temporary events such as fairs, festivals, exhibits, concerts, races, tournaments, shows, and rallies.  You can find information about ordering the publication at http://www.adainfo.org/new.html#new.
(thax DS E-News)

********************************************************
HBOT GRANT AVAILABLE
********************************************************
Although Miracle Mountain has a full schedule through June there is an opening with a grant for a Single Mother and Child to do HBOT from June 8 through July 2.   

This grant is provided through Beacon Ministries and income is not a factor but it must go to a single parent who is the legal guardian/caretaker of a child under 21. 
The grant is for $1250 which will bring the cost of treatments down to $2250. 

This is a first come, first serve grant.  Included will be 40 HBOT sessions, Oxy-Sound Harmonics 10-day program, use our Auto-quad patterning equipment, instruction in Massage Therapy, as well as housing.  

If you are interested in applying for this grant, call Judy at 336-385-1775.  

Of course it also include free train rides and free pony rides at the Miracle Mountain Railroad.  Check our website at www.miraclemountain.org

Thanks
Robert Hartsoe

********************************************************
NEWS & RECOURSES
********************************************************
NATIONAL NEWS:

Critics Say Proposal for Medicare Could Increase Costs.
http://tinyurl.com/b3kg

Fighting their disability: Challenged volunteers provide helping hand.
http://tinyurl.com/b2c6

Disability community? What disability community?
http://tinyurl.com/b1zk

Clinton pushing for special ed funding.
http://tinyurl.com/axq0

Shedding light on the shadows of a mother's hidden affliction.
http://tinyurl.com/axqc

A desire for life killed him: Rare genetic flaw made Chad Phillips eat himself to death.
http://tinyurl.com/b04v

Parents Seek Removal of Medical-Assist Dog From Portsmouth School.
http://tinyurl.com/b030

Disabled woman's rape raises difficult questions.
http://tinyurl.com/b03c

DYFS files expose 'specialized' abuse.
http://tinyurl.com/b042

RESOURCES:

Creating Options: A Resource on Financial Aid for Students with Disabilities.
http://tinyurl.com/b02n

Students with Disabilities in Postsecondary Education.
http://tinyurl.com/b02t

[To read New York Times articles, you can register for free on their site - you do not have to subscribe to the paper.]
(Thax V. McN.)

===============================
Comments and news of interest are always welcome.  Feel free to use or disseminate the information in these newsletters however you want and while DAC likes to be recognized, do so only if you wish.  To subscribe (please enter state) or unsubscribe just hit reply with your wish.  Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

http://members.aol.com/DAC4VA/main.htm  <--for links etc.
DAC
http://members.aol.com/DAC4VA/index.html  <--Mission Statement

**Some people grin and bear it.  Others smile and change it.**

++

========================================================
DAC News V3-#81   Thursday, May 01, 2003   
========================================================
Well, two bits of bad news in one day.  First HR 1350 (IDEA) for special needs children was defeated yesterday and the Senate confirmed President Bush's nomination of Jeffrey Sutton to the Sixth Circuit Court of Appeals against major protests and opposition by many disability organizations.
 
From Debbie,
I have updated the website located at: http://www.geocities.com/vshr1350  It now has the voting record on HR 1350 listed alphabetically by state instead of name of congressperson so you can see how your state reps voted. 
(Remember this come election time and the Sutton votes too....kk)

Our 1st story tells about the Sutton vote...... 

Good news to those that use HBOT (Hyperbaric Oxygen Treatments) for children or adults with CP, TBI's, Strokes, Parkinson's and many other injuries or ailments.  Our 2nd story tells of some great discounts and some FREE lodging at Ability Camp on beautiful Prince Edward Island on Lake Ontario in Canada. 

Check this link: Click here:  04/29: AOL News: Report Shows Situation of Disabled 

And our 3rd story is the last of a 5 part series telling about our Social Security System.

Much more so read, enjoy and comment if you wish:)

Keith-

========================================================
1.  SENATE CONFIRMS SUTTON
2.  SUMMER HBOT DISCOUNTS
3.  SOCIAL SECURITY AROUND THE WORLD #5
4.  BUSH'S MEMORANDUM ON ASSISTIVE TECHNOLOGY MOBILITY DEVICES
5.  NEWS AND RESOURCES
6.  SCOTTWIRELESS LAUNCHED TO THE DEAF AND HOH COMMUNITY
7.  EUROPEDS
========================================================
********************************************************
SENATE CONFIRMS SUTTON
********************************************************
From www.ADAwatch.org:

"These are our lives they are screwing with," said Anne-Marie Hughey, executive director of the National Council on Independent Living.

Anne-Marie, also an ADA Watch advisory council member sums up the confirmation of Jeffrey Sutton. Thanks to Anne-Marie and so many others who worked to speak out against Sutton.

Thanks should also go to Senator Harkin, Senator Kennedy, Senator Leahy, and all who voted against Sutton in the Senate.      
Senate Confirms Ohio Attorney Despite Opposition
By MICHAEL COLLINS
Scripps Howard News Service
April 29, 2003

WASHINGTON - An Ohio attorney won Senate confirmation Tuesday to become a federal appeals court judge, overcoming protests that he has worked to weaken civil-rights protections for women and people with disabilities.

The Senate voted 52-41 to confirm Jeffrey Sutton to a seat on the 6th U.S. Circuit Court of Appeals, which hears cases from Ohio, Kentucky, Michigan and Tennessee.

The vote was largely along party lines - Dianne Feinstein of California and Ben Nelson of Nebraska were the only Democrats to vote yes - and came nearly two years after President Bush first nominated Sutton to the Cincinnati-based court.

Sutton had been in limbo because of opposition from Democrats, who accused the Bush administration of trying to pack the courts with conservative ideologues, and from disability-rights groups, who said Sutton wants to dismantle the Americans With Disabilities Act.

Protesters - including some in wheelchairs and others with seeing-eye dogs - crammed into a small room next to the Senate chamber for a rally before Tuesday's vote and urged senators to reject the nomination.

"These are our lives they are screwing with," said Anne-Marie Hughey, executive director of the National Council on Independent Living.

Sen. Tom Harkin, D-Iowa, warned that "a vote for Jeffrey Sutton is a vote to undo the Americans With Disabilities Act."

Sutton's supporters said he is well qualified to sit on the bench.

"Jeff Sutton is exactly what the federal bench needs: a fresh, objective perspective," said Sen. George Voinovich, R-Ohio.

Sen. Mike DeWine, R-Ohio, said Sutton has the skills, intellect and temperament necessary to be a good federal judge, "and I am confident that he will approach his duties on the bench in a pragmatic, tempered and thoughtful way."

Sutton's critics portrayed him as a right-wing extremist who has a clear agenda - reducing the federal government's power to protect civil rights - and as someone who, as an attorney, has sought out cases to achieve that goal.

One case that has most angered disability-rights groups involved a suit filed by Patricia Garrett, a breast-cancer victim who had worked 17 years for the University of Alabama but was demoted after returning from medical leave.

Representing the university, Sutton argued that state workers could not sue their employers under the Americans With Disabilities Act. The Supreme Court sided with Sutton in a 5-4 decision that disability-rights groups say left Garrett and others with no remedy against discrimination.

DeWine said he disagreed with Sutton's position in the Garrett case. But Sutton was just representing his client's interests, DeWine said, and an attorney cannot be punished because of the arguments he makes before the Supreme Court.

"If I had any belief that he was going to in any way discriminate against the disabled, I certainly would not be pushing this man," DeWine said.

DeWine said he believes that Sutton has been getting a bum rap from his opponents.

********************************************************
SUMMER HBOT DISCOUNTS
********************************************************
Ability Camp Inc.
CENTER FOR CONDUCTIVE EDUCATION AND HYPERBARIC OXYGEN THERAPY
R.R. # 8 Picton, Ontario K0K 2T0
(613) 476-7332, 1-800-442-6992, Fax (613) 476-1379
e-mail: sandy@abilitycamp.com
web site: www.abilitycamp.com

How about a HBOT offer you'll find hard to pass up…..

Conductive Education
May 26 - June 27, 2003 (3-6 year olds) (with free accommodations)
June 30 - August 1, 2003
August 4 - September 5, 2003 (7-14 year olds) (with free accommodations)

If you enroll your child for these class/es and take HBOT with it, we are offering 50% off our regular cost for the HBOT portion.  What does this mean to you?
Canadian goes from $75/session to $37.50/session and
US goes from $49 to $25/session approximately

HBOT Sessions Only (No age restrictions)
June 2 - June 21, 2003 (free accommodations still available)
June 23 - July 12, 2003 (no on-site accommodations at this time)
July 14 - August 2, 2003 (no on-site accommodations at this time)
August 4 - August 23, 2003 (no on-site accommodations at this time)
August 25 - September 13, 2003 (no on-site accommodations at this time)

If you enroll for HBOT only (no age restrictions) we are offering 1/3 off our regular cost. What does this mean to you?
Canadian goes from $75/session to $50.00/session
US goes from $49 to $35/session approximately

There are several campgrounds or cottages (see www.pec.on.ca) close to Ability Camp, so you and your family can come and have a vacation and do HBOT all at the same time.  To enroll, please e-mail (sandy@abilitycamp.com) or call me today at 1-800-442-6992.

Regards
Sandy Dorosh

********************************************************
SOCIAL SECURITY AROUND THE WORLD
********************************************************
Social Security Around the World (part 5)

In 1935, Congress passed the Social Security Act, thereby putting in place what has often been called the “third rail” of American politics: an essentially untouchable, wildly successful domestic welfare program that politicians and policymakers fiddle with at their peril.

The United States is not alone in contending with Social Security woes. Throughout the world, lower fertility rates, combined with greater longevity, have led to significant increases in the size of retiree populations.

Moreover, more people are retiring at younger ages, further stressing the pay-as-you go system prevalent in many industrialized countries. Fewer workers are supporting greater numbers of retirees. And those retirees are collecting benefits for longer periods of time.

The American system of retirement depends upon Social Security, private pensions, and personal savings. How do other countries provide income benefits to retired and aged persons?

The United Kingdom allows individuals to opt out of the state system and encourages supplemental pensions to accrue greater savings (with further reforms on the way).

Sweden began efforts to radically reform its old-age system in 1992 and passed most of the legislation for the new system in 1998. Sweden’s former pension system was a tax-financed, largely pay-as-you-go program, complemented by a flat benefit for lower-income retirees.

Under the reforms, it has moved to a system with a pay-as-you-go component, referred to as a “notional account” system, and an individual account component.

In Italy, rising retiree-to-worker ratios, greater life expectancies, and political pressure since the 1950s had produced an expensive pension system containing a tangle of privileges and discriminations.

In 1992, the Italian government undertook several reforms to restrain spending and to harmonize the various regulations applying to different workers. In addition to raising the retirement age (over 10 years) from 55 to 60 for women and from 60 to 65 for men, the reforms gradually raised the minimum number of years of contributions entitling an individual to an old-age pension from 15 to 20. The reforms also increased the reference periods used to calculate pensionable earnings and indexed benefits to prices instead of wages.

In May 2001, Germany replaced its pay-as-you-go state pension scheme with a dual pension plan, composed of both a reformed pay-as-you-go state pension and a new private pension. Germany had faced declining contributions because of stagnant labor force growth and because some workers became self-employed to avoid compulsory contributions.

Moreover, some pensioners received inadequate support, in part because individuals with sporadic employment were exempted from participating in the pension system. Although the German system guarantees a minimum pension, the reforms eliminate disincentives for participating in the contributory plan. An individual must now pay a certain minimum amount to obtain the subsidy.

Chile has changed its failing pay-as-you-go system, which the government began to phase out in the early 1980s, with a private system organized around individual retirement accounts.

The Bush administration favors this approach to Social Security reform. So far, Chile's individual account pension system has received high marks for sound administration, good returns, and broad political acceptance.

In the American political system, no one knows what “reform” will look like--only that reform is certain to occur.
(thax Elderfax)

********************************************************
BUSH'S MEMORANDUM ON ASSISTIVE TECHNOLOGY MOBILITY DEVICES
********************************************************
TO: ALL INDIVIDUALS INTERESTED IN ASSISTIVE TECHNOLOGY MOBILITY DEVICES

FROM: TROY JUSTESEN
ASSOCIATE DIRECTOR FOR DOMESTIC POLICY

DATE: WEDNESDAY, APRIL 30, 2003

SUBJECT:  PRESIDENT'S EXECUTIVE MEMORANDUM ON ASSISTIVE TECHNOLOGY MOBILITY DEVICES


On February 12, 2003, President George W. Bush signed an Executive Memorandum establishing the Interagency Working Group on Assistive Technology Mobility Devices.

The working group is responsible for identifying existing Federal Government programs and resources that are designed to help individuals with disabilities obtain the assistive technology mobility devices that they need for education and employment; and (b) working with State, local, and tribal governments, as appropriate, to identify State, local, and tribal programs that are designed to help individuals with disabilities obtain assistive technology mobility devices for education and employment. 

The working group is also responsible for compiling a report to the President to include the specific steps that each of the agencies represented on the Working Group will take to:
(a) improve coordination among their existing programs;
(b) train vocational rehabilitation counselors, other service providers, and individuals with disabilities, as provided by law; and
(c) inform individuals with disabilities about these opportunities. The report shall also include a description of how individuals with disabilities can pool funding from existing resources to obtain the assistive technology mobility devices that they need to pursue their educational and employment goals.

The Departments of Education; Veterans Affairs; Labor; Health and Human Services; and the Social Security Administration and several other Federal agencies will hold a public forum and solicit public comment on this issue.  The public forum is Wednesday, May 21.  This public forum was announced in the Federal Register Notice dated April 25, 2003, please see this notice for more details.  The following website also provides more information about the President's Executive Memorandum: http://www.whitehouse.gov/news/releases/2003/02/20030212-12.html
(thax C.A.)

********************************************************
NEWS AND RESOURCES
********************************************************
ALABAMA NEWS:

Helen Keller exhibit showcases talent.
http://tinyurl.com/anyi

Governor's son among attorneys suing nursing homes.
http://tinyurl.com/anyp

State to Help Foot Power Bill for Low-Income Residents.
http://tinyurl.com/anys

NATIONAL NEWS:

Your help needed to plan "Money Follows the Individual" initiative.
http://tinyurl.com/anyw

Senate Confirms Sutton, 52-41.
http://www.jfanow.org/cgi/getli.pl?1728

Lundy fights for disability reforms.
http://tinyurl.com/anyx

Despite Protests, Senate Approves Bush Nominee for Court.
http://www.nytimes.com/2003/04/29/politics/29CND-JUDGE.html

Senate Approves a Nominee; Filibuster Is Set for Another.
http://www.nytimes.com/2003/04/30/national/30JUDG.html

Stuart to settle disability lawsuit, get facilities in ADA compliance.
http://tinyurl.com/anyz

RESOURCES:

The Supreme Court's ADA Decisions Regarding Substanial Limitation of
Major Life Activities.
http://www.ncd.gov/newsroom/publications/limitation.html

ALABAMA NEWS:

Medicaid could save $50 million.
http://tinyurl.com/aql2

Education group to start rally registration drive.
http://tinyurl.com/ao34

Riley promises package to fully fund education.
http://tinyurl.com/ao3x

Alabama advocate's comments on the Sutton confirmation.
http://tinyurl.com/ap2x

Comments on the IDEA vote.
http://tinyurl.com/aqm6

NATIONAL NEWS:

Your story on custody relinquishment needed.
http://tinyurl.com/aqmv

Results of IDEA vote in House.
http://tinyurl.com/aqkt

Vouchers fail as House passes special education bill.
http://tinyurl.com/apqk

Dispute over discipline for disabled students.
http://tinyurl.com/aoa5

Inmate's rights violated by prison punishment, Montana Supreme Court rules.
http://tinyurl.com/ao3l

Teaching Kids a Lesson.
http://tinyurl.com/aqll

Report Shows Situation of Disabled.
http://tinyurl.com/aob2

What Price Beauty? The most widely prescribed birth-defect-causing medicine in the United States.
http://tinyurl.com/aoc6

Health Care Limps Up Political Ladder.
http://tinyurl.com/aqlr

RESOURCES:

Addressing the Needs of Youth with Disabilities in the Juvenile Justice System: The Status of Evidence-Based Research.
http://tinyurl.com/aqm9
(thax V.McN)

********************************************************
SCOTTWIRELESS LAUNCHED TO THE DEAF AND HOH COMMUNITY
********************************************************
Scott Johnson, the former co-owner of deafwireless, is pleased to share Very
exciting news with you folks. There is a new Scottwireless store located next to Deaf West Theatre at 5116 Lankershim Blvd, North Hollywood, CA 91601. We sell pagers including RIM 850, RIM 950, T900 and accessories.

Scottwireless offers:

1. COLORFUL PAGER COVERS -- red, blue, forest green, neon green, purple, etc.!!! Take a look at www.scottwireless.com and hold your jaw!

2. REPAIR SERVICES -- We can fix your broken pagers.

Please feel free to visit our new website www.scottwireless.com. You will be very pleased with our outstanding services! For more information about our new business, please feel free to reach us at info@scottwireless.com.

Scott Johnson
President
Scottwireless
5116 Lankershim Blvd
North Hollywood, CA 91601
www.scottwireless.com
scott@scottwireless.com
voice 800-644-9963
fax 323-666-9655
deafwireless.com-intensitywireless.com-radeim.com-wynd.com

********************************************************
EUROPEDS
********************************************************
"Our link is www.europeds.org  

Who we are:  The first and only physical therapy program of its kind in the U.S., Euro-Peds uses intensive therapy techniques that were pioneered at the Euromed Rehabilitation Center in Mielno, Poland. The program was launched at North Oakland Medical Centers in October 1999. It was a joint effort of the NOMC Foundation and a hospital administrator, JoAnn DiGiovanni."

===============================
Comments and news of interest are always welcome.  Feel free to use or disseminate the information in these newsletters however you want and while DAC likes to be recognized, do so only if you wish.  To subscribe (please enter state) or unsubscribe just hit reply with your wish.  Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

http://members.aol.com/DAC4VA/main.htm  <--for links etc.
DAC
http://members.aol.com/DAC4VA/index.html  <--Mission Statement

**Some people grin and bear it.  Others smile and change it.**

++

========================================================
DAC News V3-#80   Tuesday, April 29, 2003   
========================================================
Bad news.  I'm asking that anyone who has sent me a letter or information and is waiting for an answer to please resend it.  I've lost everything on AOL dated from March 31, 2003 to April 28, 2003.  Good news.  It was only a month worth of letters and I answered most of them already but have no record of any emails sent or received.  If anyone has subscribed or unsubscribed and aren't receiving their wish please resubmit.

After going through 4 AOL Techs in India no less, I finally got a person (Samuel) that understood my problem and was able to help me correct it.  It was because of the large volume of mail I receive and it bogged my personal filing cabinet.  My fault was in only doing monthly backups which I have now changed to weekly.  I apologize if this has inconvenienced anyone.

Since this is my last newsletter for April I'll keep it short but informative.

Read, enjoy and comment if you wish:)

Keith-

========================================================
1.  CDBG AND HOME FUNDS THROUGH HUD
2.  GENOCIDE OF THE DISABLED IN COLORADO
3.  JOB OPPORTUNITIES IN GEORGIA
4.  NATIONAL NEWS & RECOURCES
5.  POLICY BRIEFING
6.  NCD TO TESTIFY BEFORE CONGRESS ON TRANSPORTATION
7.  MONEY FOLLOWING THE INDIVIDUAL
========================================================
********************************************************
CDBG AND HOME FUNDS THROUGH HUD
********************************************************
More CDBG and HOME - Information Bulletin # 52

    In "CDBG and HOME funds in FY 2003," Information Bulletin #51, we gave the address for the HUD website to find out the amount of federal financial assistance HUD allocated both YOUR State and local areas with FY 2003 CDBG and HOME funds.  Because there was a large response, I decided to dig a little deeper.

    If you go to that HUD website you can find in Access Database the data for CDBG and HOME funds allocated in FY 2000, 2001 and 2002. (The FY 2003 is in an Excel file.).  Now you have real ammunition to find out if those federal funds were used to provide "Affordable, Accessible, Integrated Housing."

    We suggest you go to the HOME funds first, because they all must be used for housing (unlike CDBG where approximately only 25% goes for housing).  What the HOME data does NOT distinguish is whether your HOME funds were used for new construction, rehabilitation, AND/OR rental subsidies.  It is important to know exactly how the HOME funds were used in your State and local areas, because the requirement for "Accessible" housing units is triggered when there is new construction and rehabilitation -- not when the HOME funds are used like a Section 8 voucher, i.e., rent subsidies.

    After you learn how much HOME funds were allocated to YOUR state and local areas in FY 2000, 2001, and 2002, you must then find out IF any was used for new construction or rehabilitation.  If some HOME funds were used for either new construction or rehabilitation, then get the name (and address) of the units and go find out if AT LEAST 5% of the housing units are accessible!  If they do not meet the 5% mandate OR if nondisabled persons are living in an accessible unit, then your civil rights have been violated.  Don't mourn, do something about it.

    Another reason to get this information back to FY 2000 is that the owners of those units  cannot discriminate against persons who have a Section 8 voucher.  Once you find out the addresses of the developers who built new construction or rehabilitation with HOME funds, do some "testing" to see if they are discriminating.

    "POWER concedes nothing WITHOUT a struggle."

Steve Gold, The Disability Odyssey continues

Back issues of other Information Bulletins are available online at http://www.stevegoldada.com
with a searchable Archive at this site.

********************************************************
GENOCIDE OF THE DISABLED IN COLORADO
********************************************************
Colorado's Governor Bill Owens cut Aid to the Needy Disabled (A.N.D.) by 63% from the pittance these poor people were expected to live on of only $269/mo down to the criminally negligent amount of $100/mo in the new budget year of July 2003-June 2004, using the excuse (LIE) that the state is running out of money.

HOWEVER, Gov. Owens then turned right around and gave HIMSELF a 13% INCREASE in income. This figures out to be $11,700 or what he feels is adequate support for 9 3/4 people to live on for the full year. How does he have the gall to take from the poorest of the poor to give himself a raise? Yes, we have representative government. Those in government represent themselves at the cost of the constituents. What is being done to the poor disabled on A.N.D. is nothing less than GENOCIDE.

THE CUTS IN THE STATE BUDGET SHOULD BE FROM THE TOP, NOT THE BOTTOM!!!!!!!!

Mary Qantu
Pueblo, CO

Please forward to everyone, everywhere.  (We did:)

NOTE: This is happening in many states and I hope come election time you'll start voting these people OUT of office.  We do have the power if we use it.
kk-

********************************************************
JOB OPPORTUNITIES IN GEORGIA
********************************************************
1. Executive Director, The Arc of Georgia

2. Executive Director, The Atlanta Alliance on Developmental Disabilities

The qualified individual should possess a master's degree or equivalent as well as completion of various professional development courses.

Applicant should have a minimum of ten years experience and a proven track record in top leadership positions and significant exposure to not-for-profit organizations.

A solid knowledge of Public policy, financial management, fundraising, marketing, and governance is required.  Preferred candidates should be energetic, highly motivated and committed to making Georgia a better place for people with developmental disabilities.

Salary commensurate with experience.

About AADD:

Organization scope:

* $2.3 million operating budget
* 50+ employees
* Six programs including a statewide public policy initiative.

For more information about AADD visit www.aadd.org

Deadline for Applications: May 1, 2003

Mail resume to:
Atlanta Alliance on Developmental Disabilities
C/o Winston Jones
1869 West Harvard Avenue
Atlanta, GA 30337-3526
(thax M.J.)

********************************************************
NATIONAL NEWS & RECOURCES
********************************************************
NATIONAL NEWS:

Today is National Call-In Day on I.D.E.A.
http://www.acdd.org/ubb/ultimatebb.php?ubb=get_topic;f=2;t=000086

Today is National Call-In Day on Sutton.
http://www.acdd.org/ubb/ultimatebb.php?ubb=get_topic;f=2;t=000084

Showdown over the Future of America's Courts.
http://www.jfanow.org/cgi/getli.pl?1725

An Undeclared War on Disabled People.
http://www.jfanow.org/cgi/getli.pl?1724

More on Federal housing funds.
http://www.stevegoldada.com/stevegoldada/cgi/getlink.cgi?77R

Deaf woman loses suit based on ADA. (scroll down)
http://www.enquirer.com/editions/2003/04/23/loc_amrep23.html

IDEA General Supervision Enhancement Grant (84.326X): Notice Inviting
Applications for New Awards for Fiscal Year (FY) 2003.
http://www.ed.gov/legislation/FedRegister/announcements/2003-2/041803c.html

Another Ideologue for the Courts.
http://www.nytimes.com/2003/04/28/opinion/28MON2.html

Cutbacks Imperil Health Coverage for States' Poor.
http://www.nytimes.com/2003/04/28/politics/28HEAL.html

Providers' Reactions to HIPAA Privacy Rule May Impede Care.
http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=17353

The persisting autism mystery.
http://www.health.harvard.edu/article.cfm?id=174

RESOURCES:

KidPower: For families living with cerebral palsy and other disabilities.
http://www.geocities.com/Heartland/Village/9021/
(thax V. McN.)

********************************************************
POLICY BRIEFING
********************************************************
The Transition Coordinator's Network will hold a policy briefing on the IDEA reauthorization and Transition issues on May 21, 2003 in the Capitol Building in Washington, DC, room HC-8 FROM 3:30 -4:30.

Dr. Sal Pizzuro, (Ed.D.).
Research Coordinator

********************************************************
NCD TO TESTIFY BEFORE CONGRESS ON TRANSPORTATION
********************************************************
NEWS ADVISORY        NCD #03-411
    April 29, 2003
    Contact: Mark S. Quigley
    202-272-2004
    202-272-2074 TTY
National Council on Disability Member and Former Scranton Mayor to Testify Before Congress on Transportation and People with Disabilities

WASHINGTON-National Council on Disability (NCD) member and former mayor of Scranton, Pennsylvania, David Wenzel will testify at a joint oversight hearing on transportation services and people with disabilities before the U.S. House of Representatives, Committee on Transportation and Infrastructure and the Committee on Education and the Workforce. The hearing is Thursday, May 1, 2003, at 10:00 a.m. in Room 2167 of the Rayburn House Office Building in Washington, DC.

NCD is an independent federal agency making recommendations to the President and Congress on disability policy.

Copies of Mr. Wenzel's testimony will be available at www.ncd.gov or by calling Mark Quigley or Julie Carroll at 202-272-2004.

********************************************************
MONEY FOLLOWING THE INDIVIDUAL
********************************************************
Dear Advocate for Community Services:

ADAPT needs your input.

The concept of the money following the individual (included in MiCASSA) has been included in the President's New Freedom 2004 Budget for Health and Human Services.

THIS IS A TOTALLY DIFFERENT INITIATIVE THAN THE PRESIDENT'S MEDICAID REFORM PROPOSAL YOU HAVE HEARD SO MUCH ABOUT!

It is called "Money Follows the Individual" Rebalancing Initiative.

It is a new $1.75 billion, five-year program that will assist folks with disabilities and older Americans to move from nursing homes and other institutions into the community.

This initiative is built on the reality that there is currently no federal prohibition that stop states from allowing the money that serves a person in a nursing home or other institution to be moved to serve that person in a community setting.  This initiative will create an economic incentive to jump-start this process

This initiative will allow the federal government to pay for the total cost of the community services and supports for the individual to move and live in the community for the first year.  The state will then pick up the regular state match portion for the following years.  (Remember the state will have to pay for the person in the nursing home or institution anyway if they don't choose to participate in this initiative)

The reason this will be attractive to the states is because of the first year savings and the fact that community services on the average are less expensive that nursing home or other institutional services.

The Administration has proposed this initiative in the 2004 budget but many of the "details" are not yet fixed in stone.  We have an opportunity to shape how this program looks.

ADAPT would appreciate if you could give us your ideas on how this program should be designed. (Nothing About Us Without Us)

Areas we would like your input on:

1.  Services - What should be covered?
2.  Populations covered - What type of institutions?  Age groups?
3.  Outreach - How should program be promoted?
4.  Administration - Role of consumer groups?
5.  Selection process - How many states?  Who decides?
6.  Public Input - When in the process?
7.  Technical Assistance - What kinds are needed?
8.  Other areas of your concern

In addition we would like to know, what beyond this incentive funding, can the Administration do to promote the money following the individual in the states?

Please give us your input by May 31, 2003.  Send to adapt@adapt.org or mail to
ADAPT  1339 Lamar Sq Dr  Suite 101  Austin, Texas  78704

Thank you - The ADAPT Community
(thax D.M.)

===============================
Comments and news of interest are always welcome.  Feel free to use or disseminate the information in these newsletters however you want and while DAC likes to be recognized, do so only if you wish.  To subscribe (please enter state) or unsubscribe just hit reply with your wish.  Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

http://members.aol.com/DAC4VA/main.htm  <--for links etc.
DAC
http://members.aol.com/DAC4VA/index.html  <--Mission Statement

**Some people grin and bear it.  Others smile and change it.**

++

========================================================
DAC News V3-#79   Friday, April 25, 2003   
========================================================
UPDATE: This is an update on "baby Logan" who's mother Tina contacted DAC for assistance on 09/28/02.  If you remember and for those new readers that are unaware, baby Logan was born with a rare disorder called Trisomy 13, mosaic. 

Logan's biological father wanted to terminate his life with a DNR order (Do Not Resuscitate) but his mother Tina would not allow that to happen.  With the guidance of DAC and our friend in S. Virginia who knew a person with the Rutherford Institute (lawyers) plus several other friends Tina got to know -- it looks like a very happy ending for baby Logan and his RIGHT to live as Tina will have sole custody for Logan, who's father has never even met him.

Tina persevered through many hardships to finally receive this happy ending.  As you can read on Tina and baby Logan's front page local newspaper it looks like all good things come to those who remained focused and determined in their fight.  Read Logan's story here:

http://www.pennlive.com/news/patriotnews/index.ssf?/xml/story.ssf/html_standard.xsl?/base/news/1051090303262610.xml

DAC would like to thank all those people who offered their assistance and advice to help Tina resolve the issues surrounding baby Logan's life.  Good job all and a great job to Logan's mother Tina, who would not allow her son to die.  This closes another DAC case that we have been monitoring which has been pending far to long, but we are thrilled with the final outcome.  Have a great life Logan....and Tina too:)

New Jersey still remains on DAC's radar screen as Governor James McGreevey and the state legislators still haven't figured out that it costs the state LESS to keep people out of institutions rather than in them.  Let your letters fly as it's happening in Oregon, California, Texas, Virginia and most other states too.  This IS an election year in many states and you can help define your future by voting for those who will represent you.  We have the power, so lets use it!!!!!

Read this:  Group homes are casualties  or copy this URL:

http://www.northjersey.com/page.php?qstr=eXJpcnk3ZjczN2Y3dnFlZUVFeXkzJmZnYmVsN2Y3dnFlZUVFeXk2MzY3NDUyJnlyaXJ5N2Y3MTdmN3ZxZWVFRXl5Mw==
 
And remember it's "Stop Sutton! Grassroots Lobby Days" on Monday, April 28 and Tuesday, April 29, 2003.  Read more in our 1st story. (need people to rally from VA)

Our 2nd & 3rd stories tell about Oregon's woes for Human Services.  Read carefully as it can happen to you....and act!

Much more news so read, enjoy and comment if you wish:)

Keith-

========================================================
1.  STOP SUTTON
2.  OREGON NEEDS OUR HELP
3.  FIGHTING FOR OUR RIGHT FOR FREEDOM
4.  SUPREME COURT STRIKES AGAIN
5.  UN DISABILITY TREATY
6.  AL NEWS, NATIONAL NEWS, RECOURCES
7.  NCD TO RELEASE REC'S ON JUVENILE JUSTICE
========================================================
********************************************************
STOP SUTTON
********************************************************
WHAT: 
     
Stop Sutton! Grassroots Lobby Days

WHEN: 
 
Monday, April 28 and Tuesday, April 29, 2003

WHO: 
       
People with disabilities; seniors; environmentalists; disability, civil rights, women's rights and social justice organizations; media representatives -- Anyone concerned about the nomination of judges who seek to weaken and eliminate vital federal protections.

EVENTS:
   
Monday, April 28
9-11AM EST Visits, phone calls to Senate Offices
11AM Coalition Event Opposing Sutton with Sen. Tom Harkin, Pat Garrett, Civil Rights leaders, etc. Dirksen Senate Office Building, Rm 628
1PM Senator Tom Harkin resumes Senate debate on Sutton 
1PM Ongoing: Visits to Senate Offices, visibility in Senate Gallery and Reception Area, etc. 
       
Tuesday, April 29
8-10AM EST Visits, phone calls to Senate Offices
10 AM - 11 AM EST Kick-Off Event with Sen. Tom Harkin, Pat Garrett, disability and civil rights leaders: US Capitol, Mansfield Room, 2nd Floor, S 207  
12:30 PM EST - Hallway Presence: Democratic Caucus, LBJ Room, 2nd Floor, S 211
12:30 PM EST- Hallway Presence: Republican Caucus, Mansfield Room, 2nd Floor, S 207

After Caucus meetings: Hallway Presence then proceed to Senate Reception Area and Senate Gallery.

Senate Vote expected at 2PM EST!

* People who can not come to these events should call-in to Senate offices on these days.

Call, FAX, email, and visit your U.S. Senators TODAY!

For more information, go to: www.adawatch.org

********************************************************
OREGON NEEDS OUR HELP
********************************************************
Without your help the disability voicecould be silenced

Please forward to all your advocacy networks with another plea for help!

Oregon Disabilities Commission needs your calls, letters, emails and faxesto prevent the total elimination of the Commission and the voice for peoplewith disabilities at the Capitol.  Ways and Means contact information at bottom of email.

Toll free number for legislature is 800 332-2313

Toll free number for ODC is 800 358-3117

FROM: Lynn Cameron, Commission Chair, (I'm sending this out for her as she does not have email)

We need your immediate support in the form of a letter to the Ways and Means Committee. 

Funding for ODC is eliminated in the co-chair's budget released April 17.Although we are funded in the Governor's budget, it is thelegislature who makes the decision about the value of a DisabilitiesCommission.  Speak out if you want your voice to continue to be heard and your presence to be visible.

Possible points to be made:

1-The Commission is the statutorily recognized official voice for persons with disabilities in State Government. 
2-We represent all disabilities and speak from a broad base of knowledge and understanding of disability issues. 
3-People with disabilities still lack economic, political, legal and social equity; issues the Commission works to achieve on a daily basis.  
4-We believe it is important for Oregon to have a Commission that speaks for those citizens who are still most at risk for poverty, unemployment, lack of access to healthcare, lack of affordable, accessible housing, lack of accessible  transportation, etc.  
5-People with disabilities represent 23% or more of Oregon's population, and they need a voice that speaks out for their needs.  
6-The Commission answers 50-100 calls a week responding to the needs of citizens with disabilities and making sure they are connected with the most appropriate resource. We are the best resource to do this because of our broad-based knowledge of the disability community, state and local resources, etc.  
7-We provide critical and mandated technical assistance on the implementation of the Americans with Disabilities Act  
8-We provide critical and mandated advice on structural access to the building codes division and to city and county building projects  
9-We ensure equal and effective communication through interpreter coordination and TTY training to enable deaf and hard of hearing individuals to access the services of State agencies.  
10-We provide policy recommendations to the Department of Human Services and other state agencies re need for people with disabilities to be instrumental in planning, service delivery and evaluation of the services they use.

All letters should be sent to 900 Court St. NE, Salem, OR 97301. I will put their roomprefix after their names.

Rep. Alan Bates, H-371, 503-945-1405, rep.alanbates@state.or.us
Rep. Tom Butler, H-289, 503-986-1460, rep.tombutler@state.or.us
Sen. Margaret Carter, S-310, 503-986-1722, sen.margaretcarter@state.or.us
Sen. Richard Devlin, S-316, 503-986-1719, sen.richarddevlin@state.or.us
Sen. Joan Dukes, S-318, 503-986-1716, sen.joandukes@state.or.us
Sen. Gary George, S-214, 503-986-1714, sen.garygeorge@state.or.us
Sen. Avel Gordly, S-302, 503-986-1723, sen.avelgordly@state.or.us
Rep. Gary Hansen, H-392, 503-986-1444, rep.garyhansen@state.or.us
Sen. Steve Harper, S-205, 503-986-1728, sen.steveharper@state.or.us
Rep.Elizabeth Johnson, H-373, 503-986-1431, rep.elizabethjohnson@state.or.us
Rep. Wayne Kreiger, H-378, 503-986-1401, rep.waynekreiger@state.or.us
Sen. Ken Messerle, S-218, 503-986-1705, sen.kenmesserle2state.or.us
Rep. Randy Miller, H-380, 503-986-1437, rep.randymiller@state.or.us
Rep. Susan Morgan, H-381, 503-986-1402, rep.susanmorgan@state.or.us
Sen. Frank Morse, S-215, 503-986-1708, sen.frankmorse@state.or.us
Rep. Rob Patridge, H-292, 503-986-1406, rep.robpatridge@state.or.us
Sen. Kurt Schrader, S-305, 503-986-1750, sen.kurtschrader@state.or.us
Rep. Tootie Smith, H-290, 503-986-1418, rep.tootiesmith@state.or.us
Rep. Greg Smith, H-280, 503-986-1457, rep.gregsmith@state.or.us
Sen. Jackie Winters, S-212, 503-986-1710, sen.jackiewinters@state.or.us

Ways & Means Staff Members:
Ken Rocco, Fiscal Officer, H-178, 503-986-1844
Gina Rumbaugh,Coordinator,H-178, 503-986-1829
(Thax lila)

********************************************************
FIGHTING FOR OUR RIGHT FOR FREEDOM
********************************************************
Please forgive my sending out an unsolicited message, and to many of you who may not know me or that I know of them.  If this message or my brief personal comments are not welcome, please accept my apology and simply hit "delete". 

Why this e-mail?  Because here in Lane County and the whole State of Oregon, and in communities, counties and states all across the USA, hard-won rights "we disabled" have taken for granted for so long are being eroded, eviscerated, ignored or vigorously attacked.  People with disabilities of all kinds are losing hope along with their independence, benefits, health and, for some, even their lives. 

I'm enclosing an article that in my opinion makes a strong, clear statement of the problems, the causes, and particularly the solutions.  We must all come together and fight for our freedoms; all over again for the "old timers" or for the first time for the "newbies."  If we do not we most certainly will suffer and lose, and those facing these same issues in the future may never recover what is lost today.  Thanks for your indulgence, and thanks for fighting the good fight. 

--  Dan Arkin, Lane Independent Living Alliance, Eugene, Oregon

[The opinions expressed above are my own. The article below concerns Texas, but this applies everywhere.] 

April 21, 2003, 7:01PM

Disabled in Texas fighting for right of freedom

By DR. MARGARET A. NOSEK

A fellow member of the disability rights movement recently made a powerful suggestion: To make a lasting point about the impact of the proposed human services budget cuts by the Texas Legislature, we should organize a little street theater. Get disabled people who have paid personal assistants to go to a strategic public place and, at a predetermined time, have all of the assistants leave. Show onlookers how difficult it would be for us to eat even if members of the Legislature sent food; show them what it means when urine bags overflow or ventilator tubes come apart. In the words of our correspondent, "Give them the most graphic evidence of what they are doing to us. Let them see what it will mean for our people not to have that assistance."

This article is: http://www.chron.com/cs/CDA/story.hts/editorial/outlook/1876934

********************************************************
SUPREME COURT STRIKES AGAIN
********************************************************
Supreme Court Strikes again...
The Supreme Court today issued another decision narrowing the ADA -- again ignoring the intent of Congress that the ADA be a "sweeping mandate" to address discrimination in our society. The Court again resorted to narrow legal hairsplitting to rule that Congress never intended Doctors and similar professionals to be included in employee head counts which determine coverage by the ADA.

Court: Doctors May Not Be 'Employees'
By Michael Kirkland
UPI Legal Affairs Correspondent
From the Washington Politics & Policy Desk
Published 4/22/2003 10:47 AM

WASHINGTON, April 22 (UPI) -- A Supreme Court ruling Tuesday makes it less likely that smaller medical clinics or other professional corporations can be sued under federal anti-discrimination law.

Such laws normally target businesses of 15 employees or more, but the ruling makes it easier for doctors or other professionals not to be included in the count of employees.

The case is far-reaching since many small professional corporations across the country -- such as doctors' or dentists' offices -- could be affected.

"Professional corporations with between 14 and 19 or more employees are likely to find themselves caught in the gray zone between small and large employer categories created by the (Americans with Disabilities Act)," which only applies to businesses with 15 employers or more, a petition filed earlier in the case said.

In the case before the justices, Deborah Wells was employed by Clackamas Gastroenterology Associates, a medical clinic incorporated in Oregon, beginning in 1986. However, Wells suffered from "mixed connective tissue disorder," and in 1997 her physician took her off work for several months. Her employer wanted her back to work earlier and fired her when she didn't show up.

Wells sued the clinic under the Americans with Disabilities Act in U.S. District Court in Portland, Ore.

At trial, Clackamas argued that it could not be targeted by the ADA because it did not have 15 or more employees for the 20 weeks required by the law. Besides four physicians who were shareholders in the corporation, the company employed 12 to 15 employees during the time that Wells was absent from work.

"If Clackamas' physician-shareholders are not counted as 'employees,'" the clinic said in its petition to the high court, "then it would have had too few employees to qualify as an 'employer'" under the ADA. "On the other hand, if the physician-shareholders are counted as 'employees' then the number of employees would have exceeded the number required to bring Clackamas under the coverage of the ADA."

A judge agreed with Clackamas that under the "economic realities" test its four physician-shareholders should be regarded as "partners" in the business, not "employees" of the corporation.

An appeals court, in a 2-1 ruling, disagreed, saying, said the status of the physicians "is clear. During the relevant time periods, in addition to being shareholders and directors of Clackamas, the four physician shareholders actively participated in the management and operation of the medical practice and literally were employees of the corporation. ... "

Clackamas then asked the Supreme Court for review and the justices heard argument in February.

Tuesday, Justice John Paul Stevens wrote the opinion for the Supreme Court majority reversing the appeals court. The ADA does not define the word "employee," Stevens said, which normally means the courts must look to "common law" for guidance. "Common law" is the amalgamation of court decisions built up on an issue over the years.

"We are dealing with a new type of business entity," the professional corporation, "that has no exact precedent in the common law," Stevens conceded.

However, he added, both common law and the Equal Employment Opportunity Commission indicate that those who control the corporation, as opposed to being controlled by it "are proprietors, not employees."

"We are persuaded by the EEOC's focus on the common-law touchstone of control," he said.

Justice Ruth Bader Ginsburg, joined by Justice Stephen Breyer, dissented.

"Classifying as employees all doctors daily engaged as caregivers on Clackamas' premises ... serves the animating purpose of the Americans with Disabilities Act," Ginsburg said.

In the majority opinion, Stevens acknowledged that there may be evidence in the record that would contradict the finding by the federal judge or support a contrary conclusion under the EEOC standard.

The majority sent the case back for a new hearing and a ruling based on its Tuesday opinion.

(No. 01-1435, Clackamas vs. Wells.)

Copyright © 2001-2003 United Press International
(thax adawatch)

********************************************************
UN DISABILITY TREATY
********************************************************
25/04/03
Ministers oppose UN disability treaty

By Michael O'Farrell, Political Reporter

JUSTICE Minister Michael McDowell and Finance Minister Charlie McCreevy have been asked to explain Ireland's sudden opposition to a draft UN Treaty on the rights of the disabled. The treaty in question, currently at draft stage, is aimed at the
estimated 600 million people with disabilities worldwide - most of whom live in developing countries.

More:
http://www.examiner.ie/pport/web/ireland/Full_Story/did-sgDyIdTlked6csg7IQHSmeYhNE.asp
(thax d-c-r)

********************************************************
AL NEWS, NATIONAL NEWS, RECOURCES
********************************************************
ALABAMA NEWS:

Jeffco senators back transit board bill.
http://al.com/news/birminghamnews/index.ssf?/xml/story.ssf/html_standa
rd.xsl?/base/news/1051262393171940.xml

Riley says he has identified $230 million to cut.
http://al.com/news/mobileregister/index.ssf?/xml/story.ssf/html_standa
rd.xsl?/base/news/105117570184600.xml

Nursing home cheers on Alabama's Idol: Residents rally from wheelchairs for Ruben Studdard.
http://www.postherald.com/me042303.shtml

New on the calendar:
United Cerebral Palsy Annual Conference in May, Uptown, Downtown, or Small Town: Designing Urban Streets that Work in July.
http://www.acdd.org/Calendar/calendar.php

NATIONAL NEWS:

Stop Sutton! Grassroots Lobbying on April 28-29.
http://www.acdd.org/cgi-bin/ultimatebb.cgi?ubb=get_topic&f=2&t=000084

Cosponsors needed for Family Opportunity Act.
http://www.acdd.org/cgi-bin/ultimatebb.cgi?
ubb=get_topic&f=2&t=000073#000002

HUD's FY 2003 Budgets for two housing programs.
http://www.stevegoldada.com/stevegoldada/cgi/getlink.cgi?76R

Disabled Are Suing States on Voting.
http://biz.yahoo.com/law/030418/f80b133ad5f9dc58947f94de3a7907fe_1.html

Ruling may weaken shield for disabled.
http://www.sacbee.com/content/business/story/6502547p-7453622c.html

Easter Seals wants to know transit needs.
http://www.ican.com/news/fullpage.cfm/articleid/BF5F071A-8FF7-4C5C-
B07943DF289A181C/cx/issues.get_involved/article.cfm

True Love (also) Waits for deaf & blind youth.
http://www.sbcbaptistpress.org/bpnews.asp?ID=15755

RESOURCES:

ADA.The Bus Stops Here Trainings.
http://www.projectaction.org/adabsh/adabsh.html

Interfacing Accessible Pedestrian Signals (APS) with Traffic Signal Control Equipment.
http://www.access-board.gov/research&training/APS/report.htm
(thax V.M.)

********************************************************
NCD TO RELEASE REC'S ON JUVENILE JUSTICE
********************************************************
NEWS ADVISORY        NCD #03-410
        April 25, 2003
        Contact: Mark S. Quigley
        202-272-2004
        202-272-2074 TTY

National Council on Disability to Release Recommendations on Juvenile Justice for Youth with Disabilities

WASHINGTON-The National Council on Disability (NCD) will release findings and recommendations from its research study that address the needs of youth with disabilities in the juvenile justice system at 10:00 a.m. on Thursday, May 1, 2003, at NCD, 1331 F Street, NW, Suite 850, Washington, DC.

Copies of the report will be available at that time.

For more information, contact Mark Quigley at 202-272-2004.

===============================
Comments and news of interest are always welcome.  Feel free to use or disseminate the information in these newsletters however you want and while DAC likes to be recognized, do so only if you wish.  To subscribe (please enter state) or unsubscribe just hit reply with your wish.  Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

http://members.aol.com/DAC4VA/main.htm  <--for links etc.
DAC
http://members.aol.com/DAC4VA/index.html  <--Mission Statement

**Some people grin and bear it.  Others smile and change it.**

++

========================================================
DAC News V3-#78   Wednesday, April 23, 2003   
========================================================
Judging from the response from my last newsletter describing the changes to our new DAC website everyone seemed happy with the changes.  We are going to put it in better order soon but my main concern was just getting it updated for now.  So please do keep sending your links and comments and we shall do what we can.

I'm still receiving letters for advice or assistance from people but they STILL forget to tell us where they live i.e... CITY/STATE and it does make a difference to know these minor details as every state has different laws.  Please include your STATE/CITY when writing so we can assist you better.  Thank you.

Also if you have a story to tell you are most welcome to send it in to have POSTED to DAC newsletters.  We will NEVER divulge your name without your permission and your stories are always welcome.

June 30 - August 1, 2003
I have available spots for 7-14 year olds in our Conductive Education class, with or without HBOT

If you are interested in applying, please call 1-800-442-6992 or email me at: sandy@abilitycamp.com
Best regards
Sandy

Who and what is Deque corp?  Where does it stand in the section 508 field?  What is its future in the accessibility field?  How committed is it to providing accessibility? I answer these questions in an article appearing on this url: http://www.at508.com/articles/jw_015.asp.

I urge you to read the article and then provide me with your comments.
John Williams

Lots more news so read, enjoy and comment if you wish:)

Keith-

========================================================
1.  HR 1350 PETITION re: IDEA
2.  NATIONAL NEWS & RESOURCES
3.  GRANTS AVAILABLE
4.  DEAF & HARD OF HEARING MAKE GOOD ADVOCATES TOO!
5.  PUBLICATIONS, WEB RESOURCES, GRANTS, PROJECTS SPOTLIGHT
6.  FREE SCHOLARSHIP MONEY
7.  BRIDGES4KIDS
========================================================
********************************************************
HR 1350 PETITION re: IDEA
********************************************************
Dear friends:

Please take a minute right now to visit this web site http://www.petitiononline.com/IDEA2003/petition.html  and read the petition regarding HR 1350.  Calvin and I have signed the petition and encourage you to sign the petition also.  Please forward this email to everyone you can think of and encourage them to sign the petition also.

Tricia Luker
(thax HL)

********************************************************
NATIONAL NEWS & RESOURCES
********************************************************
NATIONAL NEWS:

Hospital Restrained Dying Man.
http://www.ctnow.com/news/local/hc-bell0416.artapr16,0,3139952.story?
coll=hc%2Dheadlines%2Dlocal

National Council on Disability Challenges Policy Makers and Education
Leaders on School Vouchers for Students with Disabilities.
http://www.ncd.gov/newsroom/publications/vouchers.html

Independent Living Programs: Stop the fraud and corruption!
http://www.raggededgemagazine.com/0303/0303ft3.html

Financing Changes Would Allow States to Insure Most Children, Report Finds.
http://covertheuninsuredweek.org/news/index.php?NewsID=258

Testing Fad Achieves New Levels With the Disabled.
http://www.nytimes.com/2003/04/16/education/16EDUC.html

Valley lawmakers to help disabled activists.
http://www.brownsvilleherald.com/sections/archive/topstoryjmp/4-12-03/News7.htm

Study Finds Benefits in Home Care Hiring.
http://www.bradenton.com/mld/bradenton/news/nation/5646058.htm

Seeking the First Signs of Autism: Researchers Hope Early Diagnosis, Intervention Can Improve Outcomes.
http://www.washingtonpost.com/wp-dyn/articles/A26306-2003Apr14.html

RESOURCES:

The Semantic Web - universal accessibility by means of allowing our machines to get directly to the content/meaning of all materials on the World Wide Web.
http://uwimp.com/tap/

ADA Accessibility Guidelines for Buildings and Facilities.
http://www.access-board.gov/adaag/html/adaag.htm

Mental health law: an overview.
http://www.law.cornell.edu/topics/mental_health.html

NATIONAL NEWS:

National Association of Councils for Developmental Disabilities Public Policy Update.
http://www.acdd.org/cgi-bin/ultimatebb.cgi?ubb=get_topic&f=2&t=000074

Another Extremist Judicial Nominiation.
http://www.jfanow.org/cgi/getli.pl?1713

House, Senate Conferees Reach Agreement on FY 2004 Budget Resolution.
http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=17109

Medicare+Choice Premiums Up, Benefits Down, Study Says.
http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=17112

Medicare Drug Benefit Would Help States With Budget Deficits, Study Says.
http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=17084

Regardless of Size, Scope, Medicare Drug Benefit Will Be Difficult To Implement, Former Officials Say.
http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=17079

To deal with mentally ill, cops act as 'social workers'.
http://www.csmonitor.com/2003/0408/p02s02-usgn.html

A Mother's Journey: The disabilities you can see may be easier to deal with than the ones you can't.
http://www.nytimes.com/2003/04/13/edlife/13HARD.html

Nudging Toward Normal: Step by step, skill by skill, applied behavior analysis taught Ben to talk. Autism is no longer a lost cause.
http://www.nytimes.com/2003/04/13/edlife/13GROSS.html

Have Crutches, Will Choreograph: Bill Shannon, a choreographer, defies gravity as he floats just above the ground, sweeping forward in long, smooth strides on titanium crutches.
http://www.nytimes.com/2003/04/13/arts/theater/13SOMM.html

RESOURCES:

Rebuilding Together: preserves and revitalizes houses and communities, assuring that low-income homeowners, particularly those who are elderly and disabled and families with children, live in warmth, safety, and independence.
http://www.rebuildingtogether.org

Acessible Vacation Home Exchange.
http://www.independentliving.org/vacaswap.html

NATIONAL NEWS:

How to take action on IDEA.
http://www.acdd.org/cgi-bin/ultimatebb.cgi?ubb=get_topic&f=2&t=000076

Fighting Medicaid Cut-Backs.
http://www.acdd.org/cgi-bin/ultimatebb.cgi?ubb=get_topic&f=2&t=000077

Support Funding for the Social Services Block Grant!
http://www.naswdc.org/advocacy/alerts/041103_b.asp

Congress Completes Action on Budget Resolution; Fight For Medicaid Funding Not Over.
http://www.acdd.org/cgi-bin/ultimatebb.cgi?ubb=get_topic&f=2&t=000078

Disabled relative pleads for attention from family.
http://story.news.yahoo.com/news?
tmpl=story&u=/ucda/20030410/lf_ucda/disabled_relative_pleads_for_atten
tion_from_family

Tennessee - Agency fights for rights of disabled.
http://miva.jacksonsun.com/miva/cgi-bin/miva?NEWS/news_story.mv+link=200304144892528

RESOURCES:

Ability Online - Online community of friendship and support for children and youth with disabilities or illness.
http://www.ablelink.org/public/default.htm

Children's Literature and Disability.
http://nichcy.org/pubs/bibliog/bib5txt.htm

Some Red Flags For Autism.
http://www.washingtonpost.com/wp-dyn/articles/A26606-2003Apr14.html

Valerie McKnight, Webmaster
Alabama Council for Developmental Disabilities
http://www.acdd.org/
webmaster@acdd.org

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GRANTS AVAILABLE
********************************************************
NAFSA's Cooperative Grants Program (COOP) invites proposals from U.S. based institutions of higher education and U.S. based non-profit organizations for its International Education Week (IEW) grant competition.  IEW grants are awards of up to $2,000 for projects that take place during International Education Week - November 17-21, 2003.  COOP is expecting to make a large number of awards for this competition so be sure to submit your proposal for the June 9, 2003 deadline! 

COOP supports innovative, campus and community projects that encourage international students to become involved in campus and community life, promote interaction between international students, their U.S. peers, and their host communities, and/or enhance the experience of U.S. students involved in study abroad programs. 

International Education Week proposals that address any of the following themes will be given priority in the competition. 

*U.S. society and values, including pluralism, diversity, volunteerism, religious tolerance, the partnership of the public and private sectors, and the arts and cultural heritage of the U.S.
*Democracy and human rights, including the U.S. elections process, the role of the media, and the rule of law and administration of justice
*U.S. economy and international trade issues
*U.S.-Muslim intercultural awareness

Application materials and grant writing resources are available on the NAFSA web site at www.nafsa.org/coop.  If you're looking for IEW ideas, look online at COOP's newly revised Model Program List and its special section featuring successful IEW projects!  Contact COOP staff at coop@nafsa.org with any questions about the competition, your project ideas, or the application process.

COOP grants are made available through funding from the Bureau of Educational and Cultural Affairs of the United States Department of State, under the authority of the Fulbright-Hays Act of 1961, as amended.
(thax NCDE)

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DEAF & HARD OF HEARING MAKE GOOD ADVOCATES TOO!
********************************************************
Dear DAC:

I got a letter from the SC Dept. of Transportation which I had dealt with about getting TTY public pay phones in all rest areas and welcome centers. It has been very fruitful and faithful that I and SCDOT worked together for a long time. I just want to let the Deaf or HH to be aware any deaf can do anything if you get out and speak out for your needs and services. It is our responsibility to speak out.

I hope this letter will be saved in your file.

This is a newsworthy information to be inserted in your newsletter to let the deaf or HH become aware of this. You have my permission to have it in your newsletter.

Thank You,

George A. Adams III
givinghelper@juno.com
-----------------------------------

Letter from:
SCDOT
PO Box 191
Columbia, SC 29200-0191
April 11, 2003

From: D. H. Freeman, State Highway Engineer
To: George A. Adams III (Email Address Givinghelper@juno.com)
Subject: TTY Phones at Rest Areas and welcome centers in SC

Thank you for your continued interest in the installation of TTY phones at our Rest Areas and Welcome Centers. We are pleased to advise you that the installation of TTY phones are nearing completion, and we commend you for your efforts in making this project a reality.

Of the thirty-four locations across the state, twenty-eight presently have TTY phones installed with only six locations to be completed. We anticipate completion of the remaining six locations as soon installation obstacles are overcome.

When the installations are complete, Mr. Alex Nelson, Title VI Coordinator for SCDOt, will coordinate with our Office of Community Relations to appropriately recognize those involved with the implementation of the TTY project at our Rest Areas and Welcome Centers as mentioned in your email.

In the event you need additional information related to the installation of the TTY phones, please feel free to contact Mr. Alex Nelson, Title VI Coordinator for SCDOT. Mr. Nelson may be reached at (803) 737-1664 or by email at NelsonA@scdot.org .

Once again, thank you for your efforts in making the installation of TTY phones a reality and improving the quality of life for those using our Rest Areas and Welcome Centers.

DHF/mbw
CC:
Bob Probst, Deputy Director of Strategic Planning
Tony Chapman, Deputy state Highway Engineer
Dan Sherrill, Director of Information Technology Services
Vivian Patterson, Director of Community Relations
Ron Joyce, Special Assistant
Alex Nelson, Title VI Coordinator
File: SHE/JEP
CTS 20175

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PUBLICATIONS, WEB RESOURCES, GRANTS, PROJECTS SPOTLIGHT
********************************************************
1. Publications
2. Web Resources
3. Grant Update
4. Project Spotlight
5. Quick Links

1. Publications
Limitations in Medicare Managed Care Options for Integration with Medicaid Tumlinson, Reester, and Missmar
http://www.chcs.org/publications/index.html#limitations

Coming Soon:
Review of the Literature Regarding Community Integration: Services Necessary for Individuals with Disabilities to Live in their Own Homes. Cox, Rosenbaum, and Stewart

For all CHCS publications, visit http://www.chcs.org/publications/index.html

2. Web Resources
MaineCare Managed Care: Consumer Survival Handbook
Developed by CHCS Consumer Action Seed Grantee, Consumers for Affordable Health Care Foundation, the handbook provides an at-a-glance overview of Medicaid for beneficiaries. http://www.chcs.org/resource/pdf/consumer_survival.pdf

For all CHCS Resources, visit <http://www.chcs.org/resource/index.html>

3. Grant Update
Massachusetts Medicaid Agency develops Member Education Team, Due to Work  by Consumer Action Seed Grantee Community Partners

Realizing that community-based outreach workers and staff in providers' offices work with the same people and deal with the same issues, Community Partners, a consumer organization in Berkshire, Massachusetts, held a series of discussion groups to determine how the two groups could work together to assist consumers in navigating the health care system. The summary report piqued the interest of the state, and this past winter, it created a Member Education Team focusing on post-enrollment issues and utilization.  Despite current budget pressures, this initiative is moving forward. http://www.compartners.org/access/mbe/provider_groups.pdf
Community Partners also developed Getting There from Here: Using a Health Access Continuum Model to Connect Medicaid/SCHIP Members to Care, to chart the steps necessary for helping a person without health insurance coverage move from eligibility through enrollment to care.  http://www.compartners.org/access/mbe/getting_there_from_here.pdf

4. Project Spotlight
LA Cares for Kids through Outreach and Care Coordination

LA Care Health Plan, serving more than 800,000 beneficiaries in Los Angeles County, is piloting a primary care project to identify and provide outreach and comprehensive health care coordination services for at-risk children. Using ideas garnered from the Best Clinical and Administrative Practices toolkit, Toward Improving Birth Outcomes, LA Care staff created a model to address member outreach and intervention for children under the supervision of the Los Angeles County DCFS Family Maintenance program.
For the full story, visit http://www.chcs.org/spotlight/2003April.html

5. Quick Links
CHCS Home Page http://www.chcs.org/
CHCS Consumer Action http://www.chcs.org/ConsumerAction/index.html
CHCS Resource Center http://www.chcs.org/resource/index.html
CHCS Grant Information http://www.chcs.org/grantinfo/index.html
CHCS Project Spotlight http://www.chcs.org/spotlight/index.html

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FREE SCHOLARSHIP MONEY
********************************************************
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FIND OUT IF I'M ELIGIBLE
(thax M.S.)

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BRIDGES4KIDS
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PUBLIC COMMENT HAS BEEN REQUESTED BY THE UNITED STATES DEPARTMENT OF EDUCATION
Click here.
Public comment has been requested by the United States Department of Education on proposed rules governing state and local accountability for the academic achievement of students with the most significant cognitive disabilities.  Comments due by May 16, 2003.

IDEA ON FAST TRACK - TWO HOUSE BILLS INTRODUCED
DEC Update, Federation for Children with Special Needs
Click here.
It is expected that there will be significant differences in the Senate bipartisan bill and the House Republican bill. It is still not clear if the House Democrats will introduce a Democratic version of the legislation. Based on the provisions of the current House bill, it is expected that there will be significant debate and deliberation before an IDEA bill, agreed to by the House and the Senate, can be ready to go to the President for signature.

WHOSE IDEA IS IT ANYWAY?
Disability Rights Education and Defense Fund (DREDF)
Click here.
The House Committee on Education and the Workforce voted on Thursday, April 10, to send H.R. 1350, "Improving Education Results for Children with Disabilities Act" to the House floor. In a press release posted on its website on Friday, April 11, 2003, the committee pronounced that the bill was "hailed by school administrators as 'the best special education policy revisions we've seen in decades'."

SCHOOL VIOLENCE HITS LOWER GRADES
Greg Toppo, USA TODAY
Click here.
Elementary school principals and safety experts say they're seeing more violence and aggression than ever among their youngest students, pointing to what they see as an alarming rise in assaults and threats to classmates and teachers.

EDUCATION DEPARTMENT ISSUES GUIDANCE FOR HOMELESS STUDENTS UNDER NO CHILD LEFT BEHIND ACT
Click here.
The U.S. Department of Education has released preliminary guidance to help states and school districts ensure that every homeless child or youth receives the same educational opportunities, including public preschool education, as other children.

HEARING BETTER: TEACHER IS WIRED FOR SOUND, AND RESULTS ARE SPECTACULAR
Twila Van Leer, Deseret News
Click here.
All that stands between the teacher at the front of the room and that disinterested little boy on the back row is a lot of ambient noise: electricity humming, foot-shuffling, air whistling through ducts, paper rustling, classmates breathing and wiggling, traffic passing outside and the dozen other sounds that don't necessarily register, but affect hearing.

POTATO CHIPS, COLA, AND SWEETS, OH MY!
The Christian Science Monitor
Click here.
As the U.S. Congress prepares to do its first review of school-lunch legislation in five years, critics are charging that school lunch in the US is a mess --the only good news being that the way kids eat in school "is getting so bad that people are finally paying attention."

EXERCISE RELIGIOUSLY
Joanne Bauman, National Center on Physical Activity and Disability
Click here.
On the 12th anniversary of the ADA, President George W. Bush announced  new Medicare rules to require all persons who receive in-home assistance to be "homebound."  David Jayne, who has Lou Gehrig's disease, was dropped for attending a funeral.  Reinstated after negative publicity he was dropped again for attending a football game. Responding to criticism, President Bush announced a policy modification in July 2002 to keeps benefits intact as long as people don't leave their homes for more than an hour.

INTELLECTUAL IMPAIRMENT IN CHILDREN WITH LOWER BLOOD LEAD
Richard L. Canfield, Ph.D., Charles R. Henderson, Jr., M.A., Deborah A. Cory-Slechta, Ph.D., Christopher Cox, Ph.D., Todd A. Jusko, B.S., and Bruce P. Lanphear, M.D., M.P.H.
Click here.
Conclusions, Blood lead concentrations, even those below 10 µg per deciliter, are inversely associated with children's IQ scores at three and five years of age, and associated declines in IQ are greater at these concentrations than at higher concentrations. These findings suggest that more U.S. children may be adversely affected by environmental lead than previously estimated.

   ***Early On/Early Intervention***

MULHERN, CHANGING PERCEPTIONS
MIRS
Click here.
By the time Gov. Jennifer Granholm's administration is finished, Mulhern said he hopes his attention to the subject helps create a situation where fathers feel better about their decision to stay home and if more fathers are reading to their children, it would “be a great thing.”

A SIDE-BY-SIDE COMPARISON OF PART C OF IDEA TO THE PROPOSED CHANGES IN HR 1350
Click here.
A Side-by-side Comparison: 1997 Law vs. 2003 Proposed Law.

NEW SURVEY TAKES ROLL ON PREKINDERGARTEN IN U.S. PUBLIC ELEMENTARY SCHOOLS
U.S. Department of Education
Click here.
Research on the relationship between children's early care and education and school readiness has shown the potential importance of enriching learning experiences for young children. In recent years, renewed attention has focused on the role that public schools might play in providing high-quality programs for prekindergarten children.

KEY PLAYER PACKET FOR SPRING 2003
Click here.
What is the Purpose of the ARC/FIE Key Player Packet? To provide Information and Resources for you and your family, including a packet of general and specific information for families of children with special needs, a list of resources throughout the state and nation, and information on how to navigate systems and understand benefits.

NEW WEST VIRGINIA LAW GUARANTEES FREE PRESCHOOL
Jean Tarbett, The Herald Dispatch
Click here.
In less than 10 years, preschool will be free for 4-year-olds throughout the state of West Virginia.

===============================
Comments and news of interest are always welcome.  Feel free to use or disseminate the information in these newsletters however you want and while DAC likes to be recognized, do so only if you wish.  To subscribe (please enter state) or unsubscribe just hit reply with your wish.  Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

http://members.aol.com/DAC4VA/main.htm  <--for links etc.
DAC
http://members.aol.com/DAC4VA/index.html  <--Mission Statement

**Some people grin and bear it.  Others smile and change it.**

++

========================================================
DAC News V3-#77   Tuesday, April 22, 2003   
========================================================
Finally, after over of year of waiting DAC has got it's website UPDATED with many new links Main page with links to information and even more new links to post.  You can also check our archived newsletters which are up to date for 2003 but we still need to finish the 2002 letters.  I hope you enjoy our new information and please keep sending any other links you'd like to post.  We will organize our links in the future but I just wanted to get them current for now.

While updating our newsletters I did find the story about "Low Cost" home loans for the disabled which I'll run AGAIN as our 2nd letter and it looks like a HUD type loan but you can read and decide for yourself.  I've had many requests for information on this letter but nobody could tell me which issue it ran in.  Now you know and I hope you can tell me more about this program if it really does exist.

Our 1st letter is the 4th part of a continuing series of our Social Security System.  It's been a very interesting series with more to come.

The 3rd letter is a must read and you may find that Medicare and Medicaid have been denying you benefits because of your lack of knowledge.  Now you'll be in the know after reading and investigating.  NOTE: Even though I've read the article and checked the link it appears valid but do your homework too!

Much more news so read, enjoy and comment if you wish:)

Keith-

========================================================
1.  SOCIAL SECURITY - THE FUTURE - Part 4
2.  DISABLED MORTGAGE ASSISTANCE
3.  ALTERNATIVE THERAPIES CAN BE BILLED TO MEDICAID & MEDICARE
4.  MiCASSA BILL & CURRENT MEDICAID CRISIS
5.  RSIF GRANT - HOUSING - HOMEBUYERS
6.  WRITERS WITH DISABILITIES
7.  CDBG AND HOME FUNDS -- FIGHTING MEDICAID CUTBACKS
========================================================
********************************************************
SOCIAL SECURITY - THE FUTURE - Part 4
********************************************************
The Future of the Social Security Program (part 4)

Earlier this year, President Bush proposed an $8.53 billion administrative budget for the Social Security Administration. This is a 7.5 percent increase over the FY 2003 budget request. It becomes an 8.5 percent increase when adjusted for the estimated Medicare hearings costs in FY 2003 that are not in FY 2004.

The President's budget request for FY 2004 is more than double the four percent increase the President is proposing for his overall 2004 budget, and is the largest increase submitted since the Social Security Administration became an independent agency during the Clinton administration.

According to Commissioner Jo Anne B. Barnhart, this budget will enable the Social Security Administration to add 1,000 new SSA employees and over 300 new Disability Determination Service employees. The budget proposal is online at http://www.socialsecurity.gov/budget/2004bud.html.

While it is true that the Bush budget request exceeds by a factor of two the administration's overall FY 2004, dark clouds are gathering in the future of the Social Security program.

Recently, the Social Security Board of Trustees released its annual report to Congress on the state of the program. The outlook, while grim, is not hopeless. As most Americans now know, the Social Security program faces the prospect of insolvency sometime this century, unless changes are made to the program or radical, unforeseen changes occur in the demographic profile of the United States (war or disease, for example).

In the 2003 Annual Report to Congress, the Trustees announced:
* The projected point at which tax revenues will fall below program costs comes in 2018 -- one year later than the estimate in last year’s report;
* The projected point at which the trust funds will be exhausted comes in 2042 -- one year later than the estimate in last year's report;
* The projected actuarial deficit of taxable payroll over the 75-year long-range period is 1.92 percent -- larger than the 1.87 percent projected in last year's report;
* The Trust Funds would require another $3.5 trillion in today's dollars, earning interest at Treasury rates, to pay all scheduled benefits over the next 75 years. This obligation grew $200 billion from last year.

Social Security taxes pay the benefits of today's retirees. Money in excess of what is needed to pay today's benefits is invested in special issue, interest-bearing Treasury bonds. This system works well when there is a relatively high ratio of workers to beneficiaries. For instance, in 1965, there were four workers for every Social Security recipient.

But the demographics are changing. People are living longer. The first baby boomers are just five years from retirement and the birth rate is low. Today, there are 3.3 workers paying Social Security payroll taxes for every one person collecting Social Security benefits. That number will drop to 2 to 1 in less than 40 years. At this ratio there will not be enough workers to pay scheduled benefits at current tax rates.

Various proposals have been put forward to address the financing problem presented by the aging of America. The proposals are largely variations on the same themes: reduce benefits, increase the age of retirement, or increase the amount of money paid into the program (in essence, this means increasing payroll taxes).

This menu of options does not look appetizing to lawmakers who have to vote on them. Partly as a result of this distaste for making politically unpopular choices, President Bush favors another option: private accounts for workers. If Mr. Bush's proposal is enacted into law, Social Security retirement as a "pay-as-you-go" system would be fundamentally altered. No one really knows what the consequences of such a system would be, decades from now, when today's young workers would begin drawing from their private accounts.

Next: Social Security around the world (part 5)
(thax Elderfax)

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DISABLED MORTGAGE ASSISTANCE
********************************************************
Disabled Americans Access to Community Through Home Mortgage Assistance

DAACMA Providing homes in the community for all persons with disabilities is in the
best interest of the community, the State and local governments and the  Federal Government.

Current assistance is provided through a variety of Federal, State, and local programs, with major funding components providing building funds for apartments or group living with subsidized rental assistance to consumers.This plan is intended to provide more direct assistance for consumers by providing homes in the community at a mortgage rate and term that is affordable to even the lowest income disabled for every state, region or locality.

Designate a percentage of HUD housing assistance and building fund monies to provide mortgages to every qualified disabled person: a principal mortgage, a refinance of existing mortgage on a principal residence, and costs for access modifications for a principal residence; at a rate of one percent [1%] for a term of one hundred years [100 years].

This mortgage would be a zero down, include costs for home modifications for disability access and remain in place as long as the qualified disabled person remained in residence or intended to return to residence after hospitalization or rehabilitation, or as long as there are dependent children of the qualified disabled person under eighteen [18] years old, and will continue for one year beyond such qualification to enable the remaining family to sell the home or refinance with a conventional mortgage.What this would accomplish:

In States where the basic disability assistance is $450.00 per month, and median home prices are $65,000 the monthly payment would be $85.71 for principal and interest, when added to State property tax and insurance payments, approximately equal the housing costs for persons receiving Home Choice Vouchers [Section 8].

In States where the basic disability assistance is $800.00 per month, and median home prices are $180,000 the monthly payment would be $237.35 for principal and interest when, added to State property tax and insurance payments, approximately equal to the housing costs for persons receiving Home Choice Vouchers [Section 8].

In some local regions, housing costs have increased where even this innovative plan would not provide enough assistance to allow disabled homeownership. IE: San Francisco, where the median home price is $450,000; the principal and interest would be $593.39 per month. In these special circumstances, the mortgage plans could offer reduced interest rates or extended terms to accomplish affordable mortgage packages. Reducing the interest rate to ½ of 1% would result in a monthly payment of $476.61; increasing the term of a 1% loan to 150 years would result in a monthly payment of $482.79. Applying both a reduced interest rate of ½ of 1 percent and a term of 150 years would result in a monthly payment of $355.41.The costs associated with modifications for disabled access, estimated at a range from $5000.00 to $40,000.00 are from $6.59 to $52.75 additional monthly payment.

Disabled persons that are currently homeowners would be able to refinance for up to 95% of the home equity plus the costs for home modifications required for disabled access.

This plan should allow maximum flexibility to HUD in negotiating with private or public firms or banking institutions, allow issuance of bonds and or any other financial instrument to make the initial mortgage funding and subsequent mortgage buy-down from the current prevailing interest rate to the one percent loan package.

The approximate costs to subsidize from prevailing rate of 4.5% to 1% for a $100,000.00 mortgage, termed at 100 years would cost just under $2500.00 per consumer per year, after the initial mortgage is funded.

This plan would make it possible for every disabled person that wanted a home in the community to be able to achieve this most basic American achievement, at a substantial overall savings to the Federal government, and State and local governments. States would be encouraged, but not required to offer reduced property tax packages for qualified disabled homeowners. States would be encouraged, but not required to offer affordable homeowners insurance packages through negotiated plans.

NOTE: I do not know anything about this program or even if it exists.  If anyone finds out about this program please send me the information to share with others.  Thank you.  Keith-

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ALTERNATIVE THERAPIES CAN BE BILLED TO MEDICAID & MEDICARE
********************************************************
Alternative Medicine Practitioners sit up now and take notice!  And those of you who are on the professionals list PLEASE do this!

PILOT PROGRAM: Alternative Therapies Can Now Be Billed to Medicaid & Medicare!

Opinion by Consumer Advocate Tim Bolen

January 27th, 2003

I've got the BIGGEST story in North American Health Freedom, EVER.  Here it is.
The conventional medicine stranglehold on health care has been broken - period.  It was done in Health & Human Services Director Tommy Thompson's office on January 16, 2003 when Thompson SIGNED the approvals to use a new billing code system called ABC Codes in HIPAA transactions.

Let me explain.  Prior to Thompson's action, the world of health practitioners had been dependent, for billing, on two basic systems.  One is called the "Diagnostic Codes," and the other is known as the Physicians "Current Procedural Terminology or CPT(R) codes." 

The World Health Organization (WHO) owns the rights to the "Diagnostic Codes."  The American Medical Association (AMA) owns the rights to the "Current Procedural Terminology or CPT(R)" codes.  Each gets paid money each time the code is used. 

The codes, both sets, are used to bill Medicaid, Medicare, health insurance, etc.
The WHO "Diagnostic Codes" are simply that -- diagnostic codes.  But it was the CPT(R) codes that became the ISSUE in health care.  Simply, the AMA would NOT issue codes for alternative health care.  Congress told them.  Federal Judges told them.  They did not listen. 

What was happening, of course, was that the AMA was controlling, through its codes, or lack of codes, what actual procedures would be covered.

That's over.  The AMA has lost.  January 16th, 2003 was their "Waterloo."  Enter, from stage left - ABC Codes which are designed specifically for alternative practitioners.

Understand this.  Thompson signed off on the first part of the project -- a two year sort of pilot program, where they see how well it works.  It's up to YOU to see that it works well.  There is a 60 day sign-up period.  The clock is running.  It started January 16th, 2003. (extended to May 23, 2003) Health practitioners - GET INVOLVED RIGHT NOW!  There is a website you need to visit to read more about this.  Read ALL of it.  They have gained the approval of every agency of "standards" in the United States.  They have over 4,200 codes available right now.  You've got to go to the website:  www.alternativelink.com

This "Millions of Health Freedom Fighters-Newsletter" is about the battle between "Health and Medicine" on Planet Earth.  Tim Bolen is a writer with extensive knowledge of the activities of a subversive organization calling itself the "quackbusters," and that organizations attempts to suppress, and discredit, any, and all health modalities that compete with the allopathic (MD) paradigm for consumer health dollars. 

The focus of the newsletter is on the ongoing activities, battles, politics, and the victories won by members of the "Health Freedom Movement" against the "quackbusters." It details "who the quackbusters are, what they are, where they are
operating, when they appear, and how they operate-and how easy it is to beat them..."

For background information on the "Battle between Health and Medicine" go to http://www.savedclark.net/by_whom2.htm.

A copy of this newsletter, and older ones, are viewable at the
website http://www.quackpotwatch.org/default.htm.

Editors Note: this is exciting news for our children?  This means Acupuncture, Conductive Education, Hyperbaric Oxygen Therapy, Europeds, and other alternative therapies can be covered if the provider registered!
(thax MUMS)

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MiCASSA BILL & CURRENT MEDICAID CRISIS
********************************************************
The MiCassa bill and the current Medicaid crisis

It is only a matter of time before MiCassa, the Medicaid Community Attendant Services And Supports Act, is re-introduced in Congress (the bill will be introduced the week of April 28th, according to information from the Alabama Council for Developmental Disabilities.
(http://www.acdd.org/cgi-bin/ultimatebb.cgi?ubb=get_topic&f=2&t=000075).

The bill would change the nation's Medicaid program by allowing funding to "follow the person" -- individuals eligible for nursing facility services or intermediate care facility services would be able to choose instead "community-based services and
supports."  Read more about the concept behind the bill, and how it would work, at http://www.adapt.org/casaintr.htm

A just-released evaluation of a pilot program called "Cash and Counseling," which incorporates the "consumer-direction" principles of MiCassa, has generated media attention; the study, not surprisingly, notes that consumers are happier when they hire their own personal assistance and stay in their own homes. The study also debunks the idea that such practices are less "safe" than institutional care (more on the study at: http://www.accessiblesociety.org/topics/persasst/cashcoun1.html

Advocates have long said that allowing people on Medicaid to receive personal assistance in their homes rather than institutions would save money for states as well.

Medicaid is in crisis, and the Administration's proposed relaxation of Medicaid rules does not address this issue. "The Administration's proposal would deconstruct and eviscerate a program that has been the lifeblood of millions of children and adults with disabilities and their families, says the Washington, DC-based Consortium for Citizens with Disabilities (http://www.c-c-d.org/). Advocates have been fighting state Medicaid budget cuts. ADAPT, the group chiefly responsible for MiCassa, has been staging protests against Medicaid cuts in Texas (see the Houston Chronicle story at
http://www.chron.com/cs/CDA/printstory.hts/metropolitan/1862614 ); advocates nationwide are holding similar protests.
(thax AccessE)

NOTE: Who would know our REAL needs and where costs could be shaved than ourselves?  Our VOTES can certainly get people elected who will listen:)  kk-

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RSIF GRANT - HOUSING - HOMEBUYERS
********************************************************
Inside this issue of the Disability Services E-News you will find:

1. Rehabilitative Services Incentive Fund Grant
2. Accessible Affordable Housing
3. Another Affordable Housing Opportunity for First-time Homebuyers

1. Rehabilitative Services Incentive Fund Grant
The State Department of Rehabilitative Services (DRS) intends to make Rehabilitative Services Incentive Fund (RSIF) seed grants available for FY 04. The DRS provides the grant funds and the Disability Services Council (DSC) review the applications and awards the grants. Each local Disability Services Board (DSB) may select and endorse one project for consideration by the DSC. $15,000 in RSIF funds is available and the applicant must produce a cash match of 15%.

The Fairfax Area DSB will initially identify a project. Letters inviting applications are being mailed out today to non-profit, non-governmental agencies.  If your non-profit would like an application, please contact Carmen Sanchez at 703-324-5868 or reply to this email requesting an application.

2. Accessible Affordable Housing
Affordable housing is available through the County's First-Time Homebuyer's Program.  Affordable and accessible units will be available soon, but potential homeowners must first apply and be accepted in the program.  Many of the people who buy ADU's have a household income between $25,000 and $50,000 per year.  The County also has some funds to help finance additional accessibility requirements.  More program information and an application is at http://www.fairfaxcounty.gov/gov/rha/fthb.htm#fthb.  You can call Bonnie Conrad at (703) 246-5165 TTY 703-385-3578 or email her at bonnie.conrad@fairfaxcounty.gov for more information.

3. Another Affordable Housing Opportunity for First-Time Homebuyers
The Sponsoring Partnerships and Revitalizing Communities (SPARC) Program funding is for first-time homebuyers that earn 80 percent of the area median income or less.  The program encourages reinvestment in some residential neighborhoods where the housing price does not exceed $213,200.  First-time homebuyers that qualify for SPARC funds must complete the VHDA homeownership certification class. The class will be offered Saturday, April 26, from 9 a.m. to 3:30 p.m. at the HCD's main office, 3700 Pender Drive, Fairfax. The class is free.  Call the Homeownership Branch of the Department of Housing and Community Development at 703-246-5087, TTY 703-385-3578 to sign up for the class or to get more information.  To request reasonable accommodations, contact Carole Zeiher at 703-246-5101, TTY 703-385-3578.

Disability Services Planning and Development
Suite 708
12011 Government Center Parkway
Fairfax, VA   22035

703.324.5421
703.449.1183 TTY
703.449.8689 Fax
disabilityservices@fairfaxcounty.gov
(thax DS ENews)

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WRITERS WITH DISABILITIES
********************************************************
ATTENTION WRITERS WITH DISABILITIES

Disability Central invites all interested writers who grew up with a disability to join us in our efforts to help young people with disabilities.  The writers at DC are compiling an uplifting advice book for young people with disabilities.  The chapters are written by different authors who were confronted with disability in their childhood.  Relating our own experiences in an effort to help those who come behind us is a heartwarming exercise.  Please contribute your writer's skills to make our book a success!

To view the announcement flyer, go to:
http://www.disabilitycentral.com/flyer.htm

All proceeds from the book will be used to support the @ctivTeen site at Disability Central.  If you are interested, please contact Dr. Stein for an appointment to discuss your contribution. Thank you!  Please pass this announcement on to anyone you know who may be interested in our project.

Linda Marie Stein, Ph.D., MFT
www.disabilitycentral.com
DocStein@AOL.COM

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CDBG AND HOME FUNDS -- FIGHTING MEDICAID CUTBACKS
********************************************************
CDBG and HOME Funds in FY 03 - Information Bulletin #51

  Advocates for Affordable, Accessible, Integrated Housing for persons with disabilities should be aware of HUD's FY 2003 Budgets for two housing programs -- $4.9 billion for Community Development Block Grants (CDBG) and nearly $2 billion in the HOME program.

    Most Statewide Housing Programs received funds for both CDBG and HOME.  Also, many cities, counties and other local housing agencies received either or both CDBG and HOME FY 2003 funds.  To find out if YOUR State housing program and if YOUR city or local housing program received either OR both FY 2003 CDBG and HOME funds and to find the exact amount of such funds, go to   http://www.hud.gov/offices/cpd/about/budget/budget03/index.cfm .  Scroll down to the map and click on your State. 

    Use of the CDBG federal funds are quite discretionary.  They are used to build new housing, to rehabilitate existing housing, to fund home modifications so existing housing becomes accessible, to fund rental or home ownership and for rent supplements.  To find out if YOUR State's CDBG AND/OR local CDBG funds are being used for any Affordable, Accessible, Integrated Housing, it is necessary to obtain and read the "Consolidated Plans" that your State AND/OR local housing agency submit to HUD -- AFTER TWO annual public hearings are held.

    If Afforable, Accessible, Integrated Housing have not been included in prior years in BOTH your State's AND  local Consolidated Plans, go to your next public hearing and demand to know why.  Without your pressure, Affordable, Accessible, Integrated Housing might not happen.

    Use of the HOME federal funds can be for: rental properties; home down payments; rehabilitation of homes; and tenant based rental assistance , i.e., backdoor section 8 housing vouchers for rental supplements. The HOME tenant rental assistance is particularly critical because this year Congress has substantially reduced other Section 8 voucher programs.

    Both CDBG and HOME are "federal financial assistance" and therefore  must comply with Section 504 of the Rehabilitation Act.  -- they must have 5% accessible units;  people with disabilities must be given priority for the accessible units; the range of available accessible units must be comparable to the choice of nondisabled persons.  Also,  recipients of HOME funds cannot discriminate against a person who has a Section 8 voucher.

    Take on your State and local housing HOME agencies to ensure Section 504 compliance. 
Steve Gold, The Disability Odyssey continues

Back issues of other Information Bulletins are available online at http://www.stevegoldada.com
with a searchable Archive at this site.

++

Fighting Medicaid Cut-Backs - Information Bulletin # 50

  Throughout the country, Governors and legislatures are threatening to reduce Medicaid programs and especially those services that keep disabled persons in their own homes.  Virtually no Governor or State legislature that we're aware of have suggested reducing institutional Medicaid reimbursements and using those funds for MA programs in the community. 

    For example, despite his April, 2002 rhetoric and Executive Order to promote independence and community supports for persons with disabilities, the Texas governor's proposed 2004-05 budget will throw off more than a third of those persons currently receiving community services.  It is estimated that over 60,00 disabled and seniors would lose their community attendant services.  Cuts in home health care reimbursement will cause many providers to go out of business.  Several hundred thousand people will lose prescription drug benefits in the community (not in nursing homes).

    Each day the Texas legislature meets, disabled advocates are present, visible and vocal.  Last week, the Associated Press reported arrests of 25 disabled advocates occurred when the Governor, the Lt. Governor and the House Speaker refused to sign a pledge to "protect services for the disabled in the next state budget."  The Dallas Morning News quoted one arrested advocate as saying "the arrest is just a small inconvenience. There's people here who, without attendant services, they'll have no option.  They won't be able to get out of bed, go the the bathroom or get dressed."

    ADAPT organizers Bob Kafka and Stephanie Thomas stated that "the next day [after the arrests] the Senate Finance Committee made decisions that would restore the functional eligibility score up.  This would mean the number WHO WOULD LOSE SERVICES was reduced from 60,000 to 20,000. Though moving in the right direction it is unacceptable that any person lose services while 80,000 people are on waiting lists for community services."

    What are YOUR disability advocates doing to fight against your Medicaid  cut-backs? 

    Share your struggles; share your strategies; share you wins and losses.  
   
    "Power concedes nothing with a struggle." 

Steve Gold, The Disability Odyssey continues

Back issues of other Information Bulletins are available online at http://www.stevegoldada.com
with a searchable Archive at this site.

===============================
Comments and news of interest are always welcome.  Feel free to use or disseminate the information in these newsletters however you want and while DAC likes to be recognized, do so only if you wish.  To subscribe (please enter state) or unsubscribe just hit reply with your wish.  Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

http://members.aol.com/DAC4VA/main.htm  <--for links etc.
DAC
http://members.aol.com/DAC4VA/index.html  <--Mission Statement

**Some people grin and bear it.  Others smile and change it.**

++

========================================================
DAC News V3-#75   Thursday, April 17, 2003   
========================================================
Yes, it may appear that this issue #75 is going backwards from #76 because it is.  I mistakenly jumped a number but didn't want people to think they were missing an issue.  My mistake:(  Changes are slowly being made to the DAC website as I've finally learned, with a little help, (lots of help:) from a reader friend who guided me through the process.  The "main" page links are now all in working order and as time permits more new links will be added along with our archived newsletters.  I'm posting old letters everyday so keep looking and you'll soon find the letters you're seeking.  If you have any links send them along and I'll post them too.

In Washington State, Knute Berger kberger@seattleweekly.com editor of the Seatle Weekly wrote an article about "eugenics" that took place in Washington and is looking to hear from any groups out there that may be seeking a state apology like five other states have received with Virginia leading the way.  Read more of Washington here: http://www.seattleweekly.com/features/0316/news-berger.php

Lots of news today so read, enjoy and comment if you wish:) 

Keith-

========================================================
1.  SOCIAL SECURITY ACT - PART 3
2.  NATIONAL CENTER ON PHYSICAL ACTIVITY AND DISABILITY
3.  SOCIAL SECURITY NEWS
4.  SELF DIRECTED CARE BETTER - COST EFFECTIVE
5.  DISABILITY SERVICES E-NEWS
6.  DISABLED ACTIVISTS ARRESTED IN TEXAS
========================================================
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SOCIAL SECURITY ACT - PART 3
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Changes to the Social Security Act of 1935 (part 3)

In 1935, Congress passed the Social Security Act, which President Franklin D. Roosevelt signed into law August 14, 1935.

The immediate impetus for the Act was to protect workers and their families from the economic ravages of the Great Depression, but needless to say the Act has had far-reaching consequences for all Americans.

Not Just “Social Security”

As Elder Law FAX explained last week, this law established two social insurance programs on a national scale to help meet the risks of old age and unemployment: a Federal system of old-age benefits for retired workers who had been employed in industry and commerce, and a Federal-State system of unemployment insurance.

Most people probably think of the Social Security Act as “Social Security,” meaning the monthly payments that a worker receives once he attains retirement age.

The Social Security Act is much more than retirement, however. The Act is actually divided into numerous sections, or “titles,” as they are called.

The “titles” in the Social Security Act should not be confused with the “Title” of the United States Code to which the Social Security Act is assigned. The Act is in Title 42, Chapter 7 of the United States Code.

The original 1935 Act consisted of 11 titles:
Title I - Grants to States for Old-Age Assistance
Title II - Federal Old-Age Benefits
Title III - Grants to States for Unemployment Compensation Administration
Title IV - Grants to States for Aid to Dependent Children
Title V - Grants to States for Maternal and Child Welfare
Title VI - Public Health Work
Title VII - Social Security Board
Title VIII - Taxes with Respect to Employment (for Old-Age Insurance)
Title IX - Tax on Employers of Eight or More (for administration of unemployment compensation)
Title X - Grants to States for Aid to the Blind
Title XI - General Provisions

The first major amendments to the Act came in 1939, when Congress made the Old-Age Insurance system a family program when it added benefits for dependents of retired workers and surviving dependents of deceased workers.

The scope of the basic national social insurance system was significantly broadened in 1956 through the addition of Disability Insurance, added to Title II of the Act. Benefits were provided for severely disabled workers aged 50 or older and for adult disabled children of deceased or retired workers.

In 1958, the Social Security Act was amended again to provide benefits for dependents of disabled workers similar to those already provided for dependents of retired workers.

Perhaps the most important amendments to the Act were made by Congress in 1965.

In that year, Congress added Title XVI to the Act, Medicare, to the Act, providing health insurance to the elderly and disabled.

Also, in 1965, Congress added Title XIX, “Grants to States for Medical Assistance Programs,” known as Medicaid.

In 1972, Congress amended the Act again. This time, the State-administered cash assistance programs for the aged, blind, and disabled were replaced by the essentially federally administered Supplemental Security Income (SSI) program. SSI was included as Title XVI of the Social Security Act.

Finally, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 resulted in significant changes to the SSI program.

Next: The Future of Social Security (part 4)
Thax Elderfax)

********************************************************
NATIONAL CENTER ON PHYSICAL ACTIVITY AND DISABILITY
********************************************************
THIS MONTH'S TOPICS

Director's Corner
From the Information Specialist's Desk
National Public Health Week: Getting in Shape for the Future
Homebound with the Right to Exercise
Martial Arts, Kayaking, and Canoeing for People with Disabilities
Assistive Technology Innovation for People with Disabilities
Project ASPIRE: Interscholastic Athletic Program for Young Persons with Physical Disabilities or Visual Impairments
The President's Challenge: Active Lifestyle Program for Youth Ages 6-17
Walking and Leisure-Time Activity Reduce Risk of Hip Fracture in Postmenopausal Women
Returning to "Normal" After Illness, Injury, or Disability
Midwest Symposium on Therapeutic Recreation
Abilities Expo
Disability in Sport Symposium
World Vision Position Opening: Disability Coordinator
Educational Opportunities in Adapted Physical Activity: Northern Illinois University

--------------------------------------------------
Director's Corner: Closing the Gap Between Rehabilitation and Lifetime Physical Activity

This past decade has been very tough on physical therapists (PTs) and occupational therapists (OTs). Managed care, or as some call it, managed competition, has severely truncated the amount of time that PTs and OTs have available to rehabilitate people with injuries and disabilities in hope of getting them to a point where they can function independently or semi-independently when they return home. To the dismay of many therapists, patients are often discharged prematurely, leaving them ill-prepared to handle new and challenging environmental obstacles.

Read the entire column at http://www.ncpad.org/Feature/directors_corner/DC0404403.htm

--------------------------------------------------
From the Information Specialists' Desk

- NCPAD Video Clips: NCPAD will soon begin a series of informational and instructional video clips. The first video clip on exercise to prevent pressure ulcers for individuals who use wheelchairs will appear in late April.

- April 7 is World Health Day. Despite current international turmoils, tax time, and personal stresses, NCPAD encourages you to unite worldwide in developing good health though physical activity. Check out WHO's physical activity links at http://www.ncpad.org/newsletters/apr03_link.htm

- New NCPAD Research Abstracts: NCPAD is now featuring a series of current articles pertaining to physical activity and disability. Each abstract concludes with practical pointers for research application. View them at http://www.ncpad.org/abstracts/default.htm

--------------------------------------------------
National Public Health Week: Getting in Shape for the Future

This year, National Public Health Week will be observed April 7-13, 2003, with the theme of healthy eating and active living to combat overweight and obesity. The goal is to educate American adults and children about the health risks associated with this fast-growing epidemic and to suggest healthier physical activity and nutrition alternatives. The APHA Web site at http://www.ncpad.org/newsletters/apr03_link.htm includes fact sheets, a planner's guide, and information on what's happening in each state so that public health professionals can transmit a powerful message on the problems related to overweight and obesity to the media, public officials, and the public.

--------------------------------------------------
Homebound with the Right to Exercise
by Joanne Bauman

On the 12th anniversary of the ADA, President George W. Bush announced that the government would be making changes to Medicare rules to save money and curtail fraud. New rules would require all persons who receive in-home assistance to be "homebound." The rule stipulates that a homebound person is one who has "a normal inability to leave home" where "leaving home requires a considerable and taxing effort by the individual." When a person does venture out, it must be "infrequent or of relatively short duration."

The "homebound" rule has provided governmental agencies and home health providers with the excuse to terminate service to those with the severest disabilities who generally need the most assistance. David Jayne, who has Lou Gehrig's disease, was initially dropped from coverage for attending a funeral. He wasn't aware that his home health service would be terminated for leaving the home, with the exception of doctors' visits or adult day care. Jayne's psychologist filed paperwork for the discharge process for homebound violations. Newspaper coverage of Jayne's case and help from Georgia Advocacy Office lawyers won him reinstatement.

Jayne said he grew bitter being "forced under house arrest and missing out on my children's activities. I didn't know the federal government was into rationing freedom," he said. Jayne, once an avid hunter, fisherman and outdoorsman, enjoys his children's sporting events and vacations. "I know going public with my activities would cause me to be discharged again," he says of his lobbying and advocacy, "but I wanted this punitive restriction exposed." Jayne had services cut again for having the audacity to attend a football game and speaking out on disability awareness. Unlike others who have been cut from services, Jayne has been successful in having his services restored.

Encouraging Americans to participate in fitness and exercise (National Fitness Day, July 2002) while at the same time punishing persons with disabilities unless they stay at home sends a mixed message.

Read the entire article at http://www.ncpad.org/yourwrites/Bauman033103.htm

--------------------------------------------------
Martial Arts, Kayaking, and Canoeing for People with Disabilities

Shawn Withers, certified martial arts instructor, developed Natural Motion Martial Arts to introduce individuals with physical disabilities to the world of martial arts. At the age of 18, Shawn experienced a stroke that left him with major physical limitations. Through hard work and determination, Shawn earned his first and second-degree black belts in kenpo karate.

At Natural Motion, several courses are available. The students do not fit the needs of the program; the program fits the needs of the student. "With the student's input we work to meet goals and teach them techniques that best use their abilities," says Shawn. The goal of kenpo karate is adaptability and getting the mind and body to work together. Shawn explains, "if students have a mobility aid, such as a cane or wheelchair, we incorporate that into their techniques. The mobility aid becomes part of their body."

Benefits of karate classes are increased physical strength, stamina, balance, focus, and concentration skills. The program fosters respect and self-esteem as well as gives students the confidence to explore the world, manage stress, and deal with new situations.

Community-based physical activity programs are a cost-effective means for preventing secondary health conditions resulting from low levels of fitness. The REACH Program at Natural Motion reflects the commitment to bring adaptive martial arts to the community. REACH brings the martial arts to those who cannot take advantage of regular weekly classes. It is for both children and adults with disabilities. During REACH seminars, participants learn self-discipline and challenge themselves to realize their own abilities and potential. Each student is respected as an individual. Encouragement and positive reinforcement are important parts of the program.

For more information on Natural Motion Martial Arts, contact Shawn or Andrea Withers at http://www.ncpad.org/newsletters/apr03_link.htm

--------------------------------------------------
Kayaking, Canoeing

The American Canoe Association is offering adaptive paddling workshops in late spring and summer. Participants will be taught how to compensate for lost function, and how to adapt boats and paddles to maximize abilities. Pre-registration is required and there is no charge for people with disabilities. Below are class dates, location and contact info.

May 22 to 25, Orono, Maine; contact Paul Stern at 207-581-1794
June 19 to 22, Akron, Ohio; contact Elaine Mravetz at 330-239-1725
August 21 to 24, Boston, Mass.; contact Jennifer Burns at 781-395-4999
September 11 to 14, Marquette, Mich.; contact Karen Schlicher at 906-228-5770 or 906-345-9314

--------------------------------------------------
Assistive Technology Innovation for People with Disabilities

A new line of Assistive Technology products is available for both children and adults with disabilities related to recreation. Products range from toy cars to go-carts, and from adaptive motorcycles to sidecars.

Read the entire article at http://www.ncpad.org/newsletters/apr03_link.htm

--------------------------------------------------
Project ASPIRE: Interscholastic Athletic Program for Young Persons with Physical Disabilities or Visual Impairments

For the first time in sports history, competitive after-school sports programs for youth with a physical disability or visual impairment can become a reality in America with the launching in January 2003 of Project ASPIRE (Adapted Sports Programs in Recreation and Education).

Through Project ASPIRE, the American Association of AdaptedSports (TM) Programs (AAASP) joins forces with leading authorities in sport and physical fitness to lay the foundation for a network of school-based adapted athletic programs across the United States. Project ASPIRE partners include the American Association for Active Lifestyles and Fitness (AAALF); FlagHouse, global provider of sports equipment and products; and Jean Driscoll, world-class wheelchair athlete.

The goal of Project ASPIRE is to promote amateur adapted athletics for more than 1 million American youth. Project ASPIRE will accomplish this by making the educational, informational, and sports equipment resources of the Project ASPIRE partners available to school systems and their community partners, as well as to sport and education professionals.

Getting involved in AdaptedSports (TM) and America's youth adapted sports movement, Project ASPIRE, is easy. Explore the many avenues for involvement for you, your school system, or community program, and receive your copy of the Project ASPIRE video produced by Pat Summerall Productions, by calling 800-213-7193 X 531, or visiting http://www.ncpad.org/newsletters/apr03_link.htm

--------------------------------------------------
The President's Challenge: Active Lifestyle Program for Youth Ages 6-17

The Presidential Active Lifestyle Award (PALA) has been established to motivate youth ages 6-17 to develop and maintain an active lifestyle. Participants can be active in many venues: physical education class, a sports team, or recreating with family and friends. Physical activity is defined broadly: "any bodily movement produced by skeletal muscles that results in energy expenditure." To qualify for the PALA, participants must be involved in physical activity for 60 minutes per day or 11,000 steps on the pedometer/five days per week for six weeks; record activities on the activity log; and obtain an adult signature.

Read more at http://www.ncpad.org/newsletters/apr03_link.htm

--------------------------------------------------
Walking and Leisure-Time Activity Reduce Risk of Hip Fracture in Postmenopausal Women

Physical activity can reduce the risk of hip fractures in older women, although the required type and duration of activity have not been clearly determined. Walking is the most common activity among older adults, and evidence suggests that it can increase femoral bone density and reduce fracture risk. This study assessed the relationship of walking, leisure-time activity, and risk of hip fracture among postmenopausal women. A total of 61,200 postmenopausal women without diagnosis of cancer, heart disease, stroke, or osteoporosis at baseline were chosen to be analyzed prospectively in an analysis begun in 1986 with 12 years of follow-up in the Nurses' Health Study. The researchers concluded that moderate levels of physical activity, including walking, are associated with substantially lower risk of hip fracture in postmenopausal women.

Read the complete article: Feskanich D, Willett W, and Colditz G. (2002). Walking and Leisure-Time Activity and Risk of Hip Fracture in Postmenopausal Women." Journal of the American Medical Association. 288 (18): 2300-2306.

--------------------------------------------------
Returning to "Normal" After Illness, Injury, or Disability

From time to time situations occur in our lives that force us out of our regular routine. We temporarily are faced with making changes that we resist. These changes are forced upon us as a result of adversity in our lives.

Illness, injury, loss of a loved one, work changes, divorce, and bankruptcy can all lead to a sudden realization that our lives have changed. We want to be "normal" again. We want our lives to be as they were: fully functioning; doing the things we used to do; sleeping through the night; eating. We shudder at the thought that we will never be "normal" again.

My life drastically changed four years ago after an injury paralyzed me from the waist down. The sudden change in my life caused me to grieve my loss and desperately cling to thoughts of returning to the life I lived before my injury. I told my physical therapist, "I want my life back." I struggled each day as I tried to do my daily self care and be mobile.

Read the entire article at http://www.ncpad.org/newsletters/apr03_link.htm

--------------------------------------------------
Midwest Symposium on Therapeutic Recreation

The Midwest Symposium on Therapeutic Recreation helps advance knowledge, research information, and programming techniques, as well as explore legislative, certification, programming and funding issues related to therapeutic recreation.

The symposium will be held April 28-30 at the Grand Geneva Resort and Spa, Lake Geneva, Wisconsin. For more information or to register, call 573-882-1953, or go to http://www.ncpad.org/newsletters/apr03_link.htm

--------------------------------------------------
Abilities Expo

Abilities Expo, the leading show dedicated to educating and improving the lives of people with disabilities, senior citizens, and caregivers, is a great place for people with disabilities to discover new products and services. Products are conveniently displayed for you to see, test and compare. The expo also hosts a series of free workshops and seminars.

Shows are held at several locations nationally:

NY Metro: April 11-13; Southern California: June 6-8; Chicago Metro: August 15-17; New England: September 12-14; Florida: October 17-19; Northern California: November 14-16.

Check out additional information at http://www.ncpad.org/newsletters/apr03_link.htm

--------------------------------------------------
Disability in Sport Symposium

The Boston Marathon: Paving the Path for Inclusion

This Symposium will feature a distinguished group of panelists for a discussion about the inclusion of athletes with disabilities in mainstream sports, and will focus on moving beyond disability to see athletes with disabilities as simply athletes.

Panelists include: Jean Driscoll, 8-Time Boston Marathon Champion; Dr. Karen DePauw, author of the internationally recognized book, Disability and Sport; and Artemis Joukowsky, author of the new book, Raising the Bar: New Horizons in Disability Sport.

Friday April 18, 2003, 2 PM to 4 PM
Egan Center, Raytheon Amphitheater at Northeastern University
RSVP before April 11, 2003
T: 617-378-8936

Sponsored by Northeastern University's Center for the Study of Sport in Society, Boston Athletic Association, and John Hancock Financial Services.

--------------------------------------------------
World Vision Position Opening: Disability Coordinator

World Vision Kosovo is a humanitarian relief and development organization that strives to empower communities to improve the quality of life of the most vulnerable, and to work towards a sustainable, peaceful future for all.

Major responsibilities for the position include developing specific concept papers and various project proposals for the Disability Projects; building the capacity of local staff members and other members of the Resource Centre; working in close cooperation with the Program Office and other sectors; creating networking with Universities and others both in and outside Kosovo to provide specialized education and training; coordinating and developing a strong network with the World Vision Partners in implementation of Disabled Resource Centre goals and activities; ensuring that the Disability Centre is fully integrated into governmental and non-governmental structures in Kosovo; coordinating with other agencies to increase the number of the fully trained physio therapists and occupational therapists throughout Kosovo; providing technical assistance to the institutions and local partners; coordinating training for parents, teachers, doctors and other professional bodies dealing with impairment among other responsibilities.

For more information on this position, please contact Amy Farkas at amy@vvaf.ipko.org.

--------------------------------------------------
Educational Opportunities in Adapted Physical Activity: Northern Illinois University

Students interested in graduate work in adapted physical activity should contact Dr. Lauriece Zittel, Director of Graduate Studies or Linda Hilgenbrinck, Director of the Special Physical Education Clinics, Department of Kinesiology and Physical Education, Northern Illinois University, DeKalb, IL. The graduate program may be completed on a full-time or part-time basis. Graduate assistantships are available for students interested in a specialization in adapted physical activity. Graduate students who are awarded an assistantship will receive a full tuition waiver and a stipend for the academic year of study. Drs. Zittel and Hilgenbrinck can be emailed through the department web page. Information regarding the graduate school application can be obtained by visiting the home page of the Department of Kinesiology and Physical Education on the internet at: http://www.ncpad.org/newsletters/apr03_link.htm
(thax NCPAD)

********************************************************
SOCIAL SECURITY NEWS
********************************************************
--  BENEFITS FOR FAMILIES OF TROOPS IN COMBAT PROTECTED
--  NEW NAME FOR NEW WEBSITE: SOCIALSECURITY.GOV


BENEFITS FOR FAMILIES OF TROOPS IN COMBAT PROTECTED

Military families will not lose valuable government disability benefits because a household member has been sent into combat.

Jo Anne B. Barnhart, Commissioner of Social Security, has made it clear that people who get Supplemental Security Income (SSI) disability payments and Medicaid coverage can continue to do so even if family income rises due to a mother, father or spouse getting special combat-related supplements to their military pay.

For more information, read our press release.
http://www.socialsecurity.gov/pressoffice/pr/troops03-pr.htm

NEW NAME FOR NEW WEBSITE: SOCIALSECURITY.GOV

There's a new place to go for a wealth of information about Social Security's programs and services: www.socialsecurity.gov

The new address takes you to a redesigned site that is easier to navigate, more attractive, and more accessible to all visitors, including people with visual impairments or physical disabilities.

"Everything you want to know about Social Security is now easier to find," said Jo Anne B. Barnhart, Commissioner of Social Security.  "And our new address is more easily associated with our agency."

One of the most popular features of the website is the online benefits application, where people can apply for retirement, spouse's and disability benefits online.  The service allows people to do business with Social Security whenever they want from the comfort of their own home.

For more information on this and other information and services offered on the redesigned website, take a look at our news release.
http://www.socialsecurity.gov/pressoffice/pr/socialsecuritygov-pr.htm

To see the redesigned website for yourself, visit the new address.
http://www.socialsecurity.gov/

To use our online benefits application, visit the link below.
http://www.socialsecurity.gov/applyforbenefits/
(thax Enews)

********************************************************
SELF DIRECTED CARE BETTER - COST EFFECTIVE
********************************************************
MEDICAID RECIPIENTS WITH DISABILITIES BENEFIT FROM DIRECTING THEIR OWN PERSONAL CARE SERVICES, STUDY FINDS

Medicaid recipients with disabilities who direct their own supportive services were significantly more satisfied and appeared to get better care than those receiving services through home care agencies, according to initial findings of a demonstration project jointly supported by HHS and the Robert Wood Johnson Foundation.  With self-direction, the recipients' satisfaction and quality of life were improved substantially and unmet needs for care were reduced, without compromising health or safety, the study found.

Read more:
Today's study, carried out by Mathematica Policy Research, Princeton, N.J.,
is available at:
http://www.healthaffairs.org/WebExclusives/Foster_Web_Excl_032603.htm.

More information on the Cash and Counseling demonstration program is
available at:  www.umd.edu/aging.
(thax M.J.)

********************************************************
DISABILITY SERVICES E-NEWS
********************************************************
We welcome you to the inaugural issue of the Disability Services E-News. 
Inside you will find:
1. Accessibility Symbols
2. Partners in Policymaking
3. Library Survey
4. Looking for a Summer Employee?
5. Question of the Week

1. Accessibility Symbols
You can download twelve symbols to promote and publicize accessibility of places, programs and other activities for people with various disabilities.  The symbols were designed by the Graphic Artists Guild and can be found at http://gag.org/resources/.  Click on Disability Access Symbols.

2. Partners in Policymaking
Partners in Policymaking is an advocacy training program for adult self-advocates and parents of children with disabilities.  Sponsored by the Virginia Board for People with Disabilities (VBPD), the program takes place during the course of 8 months and includes such topics as: The History of the Disability Movement, Positive Behavioral Supports, Community Advocacy and Grassroots Efforts, LegisIative Advocacy, IDEA, Supported Employment, the Virginia Disability Services Network, and much more. All expenses are covered by the VBPD.

The application deadline for the 2003-2004 class is 5:00 p.m. on Thursday May 1, 2003. You can find out more about the program and download an application at the VBPD website at www.vaboard.org <http://www.vaboard,org>.

3. Library Survey
The annual Library Web Site Customer Survey is available at http://www.co.fairfax.va.us/library/websurvey.htm  or as a link off the top of the Homepage.

4. Looking for a Great Summer or Permanent Employee?
The 2003 Workforce Recruitment Program database is now available! Fill your summer or permanent hiring needs with talented college students with disabilities. These candidates, from more than 175 colleges and universities, represent all majors, and range from college freshmen to graduate students and law students. Many levels of experience. An excellent pool to consider for your internship positions. To request a free copy of the entire WRP database on CD-ROM, visit www.wrpjobs.org <http://www.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://www.wrpjobs.org&exitTitle=www.wrpjobs.org>.

4. Question of the Week
How can people with disabilities be made to feel welcome at public events?

Disability Services Planning and Development
Suite 708
12011 Government Center Parkway
Fairfax, VA   22035

703.324.5421
703.449.1183 TTY
703.449.8689 Fax
disabilityservices@fairfaxcounty.gov

********************************************************
DISABLED ACTIVISTS ARRESTED IN TEXAS
********************************************************
Disabled Activists Arrested in Texas 

Read more:
http://story.news.yahoo.com/news?tmpl=story&u=/ap/20030411/ap_on_re_us/wheelchair_protest_2

===============================
Comments and news of interest are always welcome.  Feel free to use or disseminate the information in these newsletters however you want and while DAC likes to be recognized, do so only if you wish.  To subscribe (please enter state) or unsubscribe just hit reply with your wish.  Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

http://members.aol.com/DAC4VA/main.htm  <--for links etc.
DAC
http://members.aol.com/DAC4VA/index.html  <--Mission Statement

**Some people grin and bear it.  Others smile and change it.**

++

========================================================
DAC News V3-#76   Saturday, April 12, 2003   
========================================================
In our last DAC Newsletter V3-#75 I posted a story titled "REVERSAL OF ALS??? - SPI's ??" where Dr. Schwartz was treating a woman dying from ALS with a drug from Genentech called thrombopoietin (TBO) and thyroid hormone to cause regeneration of endogenous stem cells of the central nervous system.  Since I received many inquiries about this drug I called Dr. George R. Schwartz, M.D., Senior Researcher, Neuroregeneron Company (a Division of Schwartz Pharma LLC) in New Mexico at 505-610-8243 and inquired about his success with TBO.  Dr. Schwartz told me that Genentech wasn't going to remanufacture TBO and they only had enough drug supply to last through 2003 so they were unable to conduct any clinical studies to see how great of a job this drug could or couldn't do to possibly help ALS and Spinal Cord Injured patients.  Dr. Schwartz suggested I call Genentech and so I did on 04/10/03.  

On 04/11/03 at 12:42pm Heather Schwartz called me from Genentech 650-225-1000 and said TBO was originally intended for cancer patient treatments but it didn't pan out so Genentech sold the licensing agreements to Pharmacia.  Heather said that Pharmacia wasn't going to remanufacture TBO because there had been no clinical trials and also because of safety reasons.  But Genentech and Pharmacia were in talks to possibly let Genentech have back the licensing agreement so possible clinical trials could start with TBO.  Heather said she'd keep me informed of any new developments and the press release that I posted to DAC about this drug was written by Dr. Schwartz.  So when DAC hears more then so will you but I wouldn't get very excited until the drug does (if ever) enters clinical trials.

Our fellow advocates in California can rack up another victory as their state A.G. declined to take the 'Medical Board of California v. Hason' to the State Supreme Court.  See, with numbers does come results and we are the largest minority voting block there is:)  Just keep reminding your elected officials that we understand and acknowledge our voting strength.  Read the memo here: http://www.law.com/jsp/pubarticleCA.jsp?id=1048518269240

Much more news so read, enjoy and comment if you wish:)

Keith-

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1.  HISTORY OF SOCIAL SECURITY - Part 2
2.  HARKIN SPEAKS OUT AGAINST SUTTON
3.  NEWS FROM BRIDGES4KIDS
4.  MiCASSA LEGISLATION
5.  HOW TAX FRIENDLY IS YOUR STATE?
6.  (HBOT) HYPERBARIC OXYGEN TREATMENT GRANTS
7.  DEAF WORKERS SUE U.P.S.
========================================================
********************************************************
HISTORY OF SOCIAL SECURITY - Part 2
********************************************************
A Brief History of Social Security: The Social Security Act of 1935 (part 2)
------------------------------------------------------------------
In the late 19th century, Germany's great Chancellor, Otto von Bismarck, adopted a disability system based upon the idea of social insurance. The premise behind social insurance is that of spreading the risk to the widest number of individuals who may be affected. Social insurance is the intellectual genesis of America's Social Security program.

In the United States, as in most industrial countries, social insurance first began with workers' compensation. A Federal law covering civilian employees of the Government in hazardous jobs was adopted in 1908, and the first State compensation law to be held constitutional was enacted in 1911. By 1929, workers' compensation laws were in effect in all but four States.

Retirement programs for certain groups of State and local government employees --mainly teachers, police officers, and fire fighters -- date back to the 19th century. The teachers' pension plan of New Jersey, which was established in 1896, is probably the oldest retirement plan for government employees.

By the early 1900's, a number of local governments had set up retirement plans for police officers and fire fighters. New York State and New York City set up retirement systems for their employees in 1920 -- the same year that the Civil Service Retirement System was set up for Federal employees.

Intellectually, the next step -- to provide retirement for every American worker -- was a short one, but in practice, enactment of the Social Security Act proved to be a giant leap.

The Great Depression

The Depression of the 1930s was undoubtedly the catalyst for the Social Security program we have today. The economic catastrophe in that decade made Federal action a necessity, as neither the States and the local communities nor private charities had the financial resources to cope with the growing need among the American people.

Beginning in 1932, the Federal Government first made loans, then grants, to States to pay for direct relief and work relief. After that, special Federal emergency relief and public works programs were started, including the Civilian Conservation Corps and the Works Progress Administration.

In 1935, President Franklin D. Roosevelt proposed to Congress economic security legislation embodying the recommendations of a specially created Committee on Economic Security. There followed the passage of the Social Security Act, signed into law August 14, 1935.

This law established two social insurance programs on a national scale to help meet the risks of old age and unemployment: a Federal system of old-age benefits for retired workers who had been employed in industry and commerce, and a Federal-State system of unemployment insurance.

The choice of old age and unemployment as the risks to be covered by social insurance was a natural development, since the Depression had wiped out much of the lifetime savings of the aged and reduced opportunities for gainful employment.

The Act also provided Federal grants-in-aid to the States for the means-tested programs of Old-Age Assistance, and Aid to the Blind. These programs supplemented the incomes of persons who were either ineligible for Social Security (Old-Age and Survivors Insurance) or whose benefits could not provide a basic living. The intent of Federal participation was to encourage States to adopt such programs.

On March 11, 1937, the Social Security Board approved the first Social Security payments. The first check went to a retired Cleveland motorman named Ernest Ackerman, who retired one day after the Social Security program began. He received a lump-sum payment of 17 cents.

Next: Changes since 1935 (part 3)
(thax Elderfax)

********************************************************
HARKIN SPEAKS OUT AGAINST SUTTON
********************************************************
March 11, 2003 7 PM EST - Sen. Tom Harkin is now on the floor of the Senate speaking out against the confirmation of Jeffrey Sutton. He is forcefully making the case that Sutton, despite being qualified and a seemingly nice guy, is unfit to serve on the Federal Court because of his extremist views.

He is focusing on Sutton's statements that the ADA is "not needed," as well as Sutton's denial of the extensive record Congress gathered to illustrate discrimination by the states against people with disabilities. He is expressing disbelief that Sutton ignored the extensive documentation of state discrimination including forced sterilization, unequal access to healthcare, education, and much more.  

He is objecting to Sutton's extremely limited view of the authority Congress to invoke federal protections of civil rights. He is outraged that Sutton's activism in the name of Federalism would leave people with disabilities to the "patchwork" of inconsistent state laws.

Harkin, almost yelling, declared: "I am not convinced that a person with a disability going into Jeffrey Sutton's courtroom could expect a fair shake from him." 

He pointed to the more than 400 disability and civil rights organizations opposed to Sutton's confirmation. Sen. Harkin declared that "They see in Mr. Sutton the personification of all of the things and all of the people in their lives who have made life harder for them...people who have a view that was narrow who said that our federal government should not do anything to protect their rights."

"Sutton has acted not just as a lawyer but has intitiated this work on his own, has made private statements expressing his views on this..."

"When it comes to fundamental issues of fairness, equity, and civil rights, our civil rights as American citizens should not be dependent on our addresses. Are we going to live in the shadow of Federalism or the sunshine of being an American citizen?"

"As Americans with one law, one Constitution, one Bill of Rights that covers us all."

"Sutton raises troubling questions about fundamental civil rights laws..."

"If Jeffrey Sutton acends to the Federal Court, Americans with Disabilities will see the hands of the clock ticking backwards, back and back..."

"If we allow Sutton to be confirmed, people with disabilities will ask:

Whose side are we realy on?"

"Will we be able to say we are on the side of civil rights?"  

"I will have much more to say after the recess."

Note: Please call your Senators. Tell them about Tom's campaign to stop Sutton. Tell them to say "no" to this extremist nominee!  
(thax ADAwatch)

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NEWS FROM BRIDGES4KIDS
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News Update:   H.R. 1350 was approved by the House Committee on Education and the Workforce on April 10, 2003.

IDEA REAUTHORIZATION BRIEFING: IDEA PARENTAL CHOICE ACT OF 2003
From the Disability Rights Education and Defense Fund (DREDF)
Click here.
This is a companion bill to H.R. 1350, the House "Improving Education Results for Children with Disabilities Act" that proposes major revisions to IDEA. Rep. Jim DeMint (R-SC) and House Education and the Workforce Chairman Rep. John Boehner (R-OH) introduced this measure as H.R. 1373 on March 20, 2003. RRN #21 included a brief forecast of the bill from the press release.

IDEA REAUTHORIZING BRIEFING #23
Disability Rights Education and Defense Fund (DREDF)
Click here.
Calling on parents, advocates, and friends of children with disabilities to mobilize to defeat H.R. 1350, the "Improving Education Results for Children with Disabilities Act," the Disability Rights Education and Defense Fund (DREDF) called the act "harmful to children with disabilities."

bridges4kids Exclusive - AN OPEN LETTER TO CONGRESS
Calvin and Tricia Luker
Click here.
On March 19th President Bush began the war against Iraq. That same day, Congress declared war against 6 million United States students who receive special education services nationwide by introducing HB 1350, the bill to reauthorize the Individuals with Disabilities Education Act [IDEA].

bridges4kids Exclusive - A MOM'S REQUEST REGARDING IDEA REAUTHORIZATION
Shari Krishnan
Click here.
Wondering what to say to a Congressman?

THE AMERICAN ASSOCIATION OF SCHOOL ADMINISTRATORS (AASA) URGES SWIFT PASSAGE OF SPECIAL EDUCATION LEGISLATION, DESPITE LACK OF MANDATORY FULL FUNDING AASA
Click here.
While school administrators were disappointed that the legislation does not contain mandatory full funding for special education, AASA’s top legislative priority, Houston said that AASA enthusiastically supports H.R. 1350 because the bill’s policy improvements “practically mirror AASA’s recommendations for improved special education opportunities in public school districts.”

A CAUSE FOR ALARM: AN ANALYSIS OF CURRENT FEDERAL INITIATIVES AND FUNDING
Frank Bowe, Justice for All
Click here.
I am writing this because I worry that many advocates have not yet recognized just how dire are the current prospects for disability rights and services in Washington. Let me first share with you my overall sense of the current climate, then take up different pieces of legislation one- by-one. There are many issues in addition to those I will mention here. For reasons of space, I will not discuss bills that we found hard to pass in previous Congresses (e.g., MiCASSA) and those that I expect to come up in the next session of the 108th Congress (e.g., the Assistive Technology Act).

COALITION EXPRESSES CONCERN OVER HOUSE BILL THAT MAY PREVENT COMMUNICATION BETWEEN TEACHERS AND PARENTS CHADD
Click here.
Six mental health advocacy organizations, including CHADD, have teamed up to express concern over H.R.1170 (The Child Medication Safety Act) introduced by Representative Max Burns (R-GA) and 14 cosponsors.

COURT OF APPEALS 6TH CIRCUIT: KINGS LOCAL SCHOOL DISTRICT, BOARD OF EDUCATION V. ZELAZNY
Click here.
Sixth Circuit Court of Appeals holds that failure to include parents in meeting does not violate IDEA where that failure did not "seriously infringe" on the parent's right to participate. Also, full time residential placement is "at no cost to the parents of the child" only if it is necessary for educational purposes as opposed to medical, social, or emotional problems that are separable from the learning process.

CHASING AND CATCHING SLOW LEARNERS IN CHANGING TIMES
Steven R. Shaw, NCSP & Donald A. Gouwens, NCSP
Click here.
Slow learners make up 14% of the general population yet often do not qualify for special education or other services. The No Child Left Behind Act and amendments to IDEA may change that.

THE BRIDGE TO CIVILITY: EMPATHY, ETHICS AND SERVICE
Sheldon H. Berman, The School Administrator
Click here.
Developing a social consciousness in the young means engaging them in meaningful activity.

BELTWAY BRIEFS: SSA TO UPDATE RULES FOR EVALUATING MENTAL RETARDATION AND OSEP INDICATES RESPITE SERVICES NOT REQUIRED UNDER IDEA PART C
Click here.
SSA To Update Rules For Evaluating Mental Retardation and OSEP Indicates Respite Services Not Required Under IDEA Part C.

HIGH SCHOOL DROPOUT RATES FALL FOR 3rd YEAR
Matthew I. Pinzur
Click here.
High school dropout rates fell in Miami-Dade County for the third consecutive year, improving across all demographic lines and firming the district's national reputation for keeping students in school, officials announced Tuesday.

FLORIDA GOVERNOR SOFTENS STANCE ON FCAT
Nicole White, The Miami Herald
Click here.
Gov. Jeb Bush, who has made the tough Florida Comprehensive Assessment Test the backbone of his education reform, now says he is willing to consider alternatives to help some students who fail the test to graduate from high school.

CALIFORNIA'S LAUSD MAY PUT MORATORIUM ON EXIT EXAM
Helen Gao, Los Angelas Daily News
Click here.
To the cheers of dozens of students and parents who are fighting to overturn the California High School Exit Exam as a graduation requirement, the Los Angeles school board voted Tuesday to explore establishing a moratorium on the high-stakes test.

SOCIAL SECURITY FOR PARENTS: BENEFITS FOR DISABLED CHILDREN
Social Security Administration
Click here.
A child who is disabled may depend on your help for the rest of their lives. Social Security has two programs that pay disability benefits to disabled children: Social Security Disability Insurance and Supplemental Security Income (SSI).

MICHIGAN'S PHARMACEUTICAL PLAN WINS IN FEDERAL COURT
Gongwer News Service
Click here.
Michigan's controversial pharmaceutical plan requiring physicians to use a state approved list of drugs won a critically important ruling in federal court in Washington, D.C.

bridges4kids Featured Website - CHILDREN WITH DISABILITIES
Click here.
Nine participating Federal agencies and offices have joined forces to create this Web site to provide children with disabilities and their parents access to a wide range of Federal, State, local, and national resources.  If you are looking for resources - start here first!

bridges4kids Featured Website - NATIONAL COLLABORATIVE ON WORKFORCE AND DISABILITY
Click here.
NCWD/Youth is your source for information about employment and youth with disabilities. Our partners — experts in disability, education, employment, and workforce development — strive to ensure you will be provided with the highest quality, most relevant information available.

BEYOND ISLANDS OF EXCELLENCE: WHAT DISTRICTS CAN DO TO IMPROVE INSTRUCTION AND ACHIEVEMENT IN ALL SCHOOLS
Click here.
A new report released by the Learning First Alliance shows how five high poverty school districts have raised student achievement by focusing on district wide strategies to improve instruction. Titled Beyond Islands of Excellence: What Districts Can Do to Improve Instruction and Achievement in All Schools, the report outlines lessons from the five districts and identifies practical steps that school districts can take to move beyond a few excellent schools to success across entire systems. Findings of the full report are summarized in a Leadership Brief. The Alliance has also produced case studies of each of the five study districts.

VOLUNTEER TO HELP A CHILD
Click here.
Volunteer Organizations A - Z. Choose a logo or click on a name to begin your search for volunteer options in your state.

3 GREEN BAY TEENS GET JAIL TIME FOR BEATING CLASSMATE
Andy Nelesen, Green Bay Press Gazette
Click here.
Three Green Bay teens were convicted Monday of beating up a 15-year-old disabled classmate in October.

SCHOOL OFFICIALS ALARMED BY PROPOSAL TO TIGHTEN SCHOOL LUNCH PROGRAM
Deann Smith, The Kansas City Star
Click here.
A Bush administration plan to crack down on fraud in the federally subsidized school lunch program could cost public schools millions of dollars.

GET RID OF JUNK FOOD IN YOUR KID'S SCHOOL
Click here.
Healthy food, healthy kids: A busy parent’s guide to banishing junk food from your child’s school - and getting kids to eat the good s tuff.

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MiCASSA LEGISLATION
********************************************************
MiCASSA will be reintroduced the week of April 28th!

Starting this weekend the House and Senate will be taking a break (April 14-25), so this will be a excellent opportunity to visit with your Representatives and Senators in their home offices.

Ask them to become a cosponsor. All they have to do is contact Senator Harkin or Senator Specter's office, or Representative Danny Davis or Representative John Shimkus' office.

With Medicaid Reform on the front burner, now is a good time to contact members of Congress about MiCASSA.  Contact information available at:

http://www.congress.org/congressorg/home/
http://www.house.gov/writerep/
(thax M.J.)

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HOW TAX FRIENDLY IS YOUR STATE?
********************************************************
MONEY magazine just released its annual ranking of tax burden.  Virginia ranked 40th (10th from the bottom). By their calculation, the average state and local tax burden in Virginia is 8.9%. The National average is 9.7%.
     
       West Virginia is 9.7%
       North Carolina tax rate is 9.5%
       Maryland is 9.5%

The entire story can be found:

http://money.cnn.com/pf/features/lists/statelocaltaxes/index.html
(thax S.W.)

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(HBOT) HYPERBARIC OXYGEN TREATMENT GRANTS
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This grant has become available for single parents (mother or father) of a child needing HBOT.  The treatment session is from April 28 to May 20.  It includes HBOT, Oxy-Sound Harmonics, Auto-Quad Patterning, Housing, etc.  

The grant is for $1250 by Beacon Ministries.  The regular cost for these services at Miracle Mountain is $3500 and after applying the grant the net cost will be $2250.   Grants are only available on a limited basis and sometimes the donor puts specifics which must be followed.   There  will be a $50 pre admission medical fee.  

For this grant, Miracle Mountain will donate the use of a hood.

This is short notice, so immediate action is required.   If you feel you qualify, contact Judy immediately at 336-385-1775

Judy Hartsoe
Assistant Director
Children's Hyperbaric Cooperative at Miracle Mountain in NC
rhartsoe@skybest.com

Teen begins new life after coma
http://www2.ocregister.com/ocrweb/ocr/article.do?id=34087&section=LOCAL&subs
ection=LOCAL&year=2003&month=4&day=10

And: http://edition.cnn.com/2003/US/West/04/07/california.coma.ap/

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DEAF WORKERS SUE U.P.S.
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Trial Begins in Bias Suit by Deaf U.P.S. Workers

April 9, 2003
By STEVEN GREENHOUSE

SAN FRANCISCO, April 8 - Lawyers for 900 deaf workers at United Parcel Service argued today as a trial in their discrimination lawsuit opened that the company had excluded them from numerous job categories and generally limited them to bottom-rung positions.

Advocates for the disabled say they hope the class-action suit, one of the largest involving deaf plaintiffs, will set a precedent that will require companies across the nation to do more to accommodate and promote deaf employees.

In the trial, lawyers for the 900 current and former employees say they plan to provide evidence that U.P.S. often does not provide deaf workers with interpreters during safety training and other meetings and has not promoted a deaf employee to management in five years.

Read more:
http://www.nytimes.com/2003/04/09/national/09DEAF.html?ex=1050914379&ei=1&en=a7df72d34fbc477e
(thax C.A.)

===============================
Comments and news of interest are always welcome.  Feel free to use or disseminate the information in these newsletters however you want and while DAC likes to be recognized, do so only if you wish.  To subscribe (please enter state) or unsubscribe just hit reply with your wish.  Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

http://members.aol.com/DAC4VA/main.htm  <--for links etc.
DAC
http://members.aol.com/DAC4VA/index.html  <--Mission Statement

**Some people grin and bear it.  Others smile and change it.**

++

========================================================
DAC News V3-#74   Tuesday, April 08, 2003   
========================================================
We have a request for Virginian's only to please fill out this form located at:
www.olmsteadva.com/ConsumerFeedback.htm  which is the Olmstead Task Force and Community Feedback Form, which will help enable ALL people covered by the ADA and also those with our CSB's. Olmstead can only help if our officials have a better idea of your real needs or your lack of services so I encourage you to take a couple of minutes to fill this out.  Remember it's for YOUR benefit.  

Did you know April is Autism Awareness Month?  Our 1st letter tells about autism and is a good read.  In our 2nd story learn about many valuable web resources and information.  Our 3rd story is a series about how Social Security got started and where it may end...ANDDDD our 5th story tells of a possible cure for ALS & Spinal Cord Injuries but for some reason the Company refuses more testing.  Odd thing that as it would greatly cut the bottom line on health care costs..go figure & enjoy:)

The folks in New Jersey are being heard so I urge everyone to keep writing.  DAC has readers in all of the states but no offices in NJ so it's important that residents in NJ keep up the heat.  Please contact pat.amos@verizon.net  if you'd like postcards to send as they have several different shapes and sizes.  Get your clubs and organizations involved as action DOES speak louder than words.

More news so read, enjoy and comment if you wish:)

Keith-

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1.  APRIL IS AUTISM AWARENESS MONTH
2.  INFORMATION & RESOURCES
3.  SOCIAL SECURITY - THE BEGINNING (Series part 1)
4.  UNIVERSAL DESIGN AND VISITABILITY
5.  REVERSAL OF ALS??? - SPI's ?????
6.  ACCESSIBLE APARTMENT FOR SALE
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APRIL IS AUTISM AWARENESS MONTH
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APRIL IS AUTISM AWARENESS MONTH

Autism is a developmental disability that generally appears between 15 and 20 months of age. In most cases, the child is progressing normally, and then begins to regress losing speech, social skills and physical abilities. While there are varying degrees of severity, most children completely withdraw into a world of their own.

A frightening aspect of the disorder is that children cannot assess sensory input properly. Autistic children cannot perceive fear or dangerous situations, nor can they filter and ignore stimulus. This sensory overload would be equivalent to your being intensely aware of the feel and color of this paper, the sensation of each article of clothing you are wearing, every single sound coming from the street and inside the building around you, and the fluorescent lights and every object that reflects the light near you. If a child with autism could read this letter, they would have to endure all of this and more while trying to concentrate and comprehend this material. Normal functioning under this kind of sensory bombardment is nearly impossible.

Autistic children typically have a host of biomedical and neurological problems as well. Many suffer from chronic diarrhea because their intestines are so damaged that they cannot absorb vital nutrients, minerals and vitamins essential for optimal brain function. Liver and kidney functions are impaired causing their bodies to store up high levels of toxins found in the environment such as lead, mercury, arsenic and other heavy metals. Their immune systems are compromised to the extent that they cannot fight off even the simplest of fungal, parasitic and bacterial infections.

Children do not outgrow autism. There is no cure. It is a lifelong disability with a normal life expectancy. It affects boys five times more than it affects girls, although girls are generally more severely affected. In the United States over one half million individuals live with autism, making it more prevalent than Down Syndrome, childhood diabetes, and childhood cancer combined.

Fifteen years ago the occurrence of autism was about 1 in 10,000 today it is 1 in every 250 children.

For more information about autism see the following web sites

Unlocking Autism
http://www.unlockingautism.org

The Autism Society of America
http://www.autism-society.org
(thax M.S.)

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INFORMATION & RESOURCES
********************************************************
INFORMATION & RESOURCES

News

Scholarships: The Ethel Louise Armstrong Foundation Scholarship is for any woman with a physical disability who is pursuing graduate studies at a university in the United States. They are especially looking for women who are involved in the disability community in their local area. Visit their website at http://www.ela.org for the application and directions. The next deadline is June 1, 2003 by 5 PM Pacific Daylight Time.

Looking for a Great Summer or Permanent Employee? The 2003 Workforce Recruitment Program database is now available! Fill your summer or permanent hiring needs with talented college students with disabilities. These candidates, from more than 175 colleges and universities, represent all majors, and range from college freshmen to graduate students and law students. Many levels of experience. An excellent pool to consider for your internship positions. To request a free copy of the entire WRP database on CD-ROM, visit www.wrpjobs.org.

Ask A Pro: This is a NIDRR funded web site designed and maintained by the Rural Institute on Disabilities’ Research and Training Center on Rural Rehabilitation.  It is designed to assist vocational rehabilitation counselors who are working with clients whose goal is entrepreneurship. http://rtc.ruralinstitute.umt.edu/askapro/

Disability Etiquette:  The International Association of Amusement Parks and Attractions recently released this video designed as an introduction to serving customers with disabilities.  While designed for employees of the amusement parks industry, it is considered a good training tool for any retail establishment.  For additional details visit http://www.diversityshop.com/store/ettiquette.htm

Social Security Disability Return to Work Programs Update:  For all the information on preparing for a career or hiring a job candidate who is currently receiving Social Security disability (SSI & SSDI), there is an excellent summary on the National Center on Workforce and Disability web site at
http://www.onestops.info/print.php?article_id=177

Publications

"Accessibility Handbook": prepared for FCC staff to familiarize them with providing the accommodations required by Section 504 of the Rehabilitation Act of 1973.  It is available on the FCC Internet Web site at www.fcc.gov/cgb/dro

New Planning Guide for Assisting People with Disabilities During Emergencies: The National Organization on Disability has published a guide for planners to include people with disabilities in their planning before, during, and after an emergency.  The guide contains information about the needs of people with disabilities in planning for emergencies.  To learn more: http://www.nod.org/cont/dsp_cont_item_view.cfm?viewType=itemView&contentId=623

Policy Briefs & Position Papers Released:  In March, the National Council on Disability (NCD) released the following Policy Briefs: “The Role of Mitigating Measures in the Narrowing of the ADA's Coverage” that analyzes and responds to mitigating measures aspects of the Americans with Disabilities Act (ADA) decisions of the U.S. Supreme Court.  This can be found at http://www.ncd.gov/newsroom/publications/03publications.html

NCD also released the following Position Papers:“TANF and Disability: Importance of Supports for Families with Disabilities in Welfare Reform”, calls for Congress to strengthen the ability of states to assist families with disabilities on welfare to transition from welfare to work.  This can be found at http://www.ncd.gov/newsroom/publications/familysupports.html

OPENING STAGES is a free quarterly newsletter for people with disabilities pursuing careers in the performing arts published by the John F. Kennedy Center for the Performing Arts. To become a subscriber and receive the free quarterly Opening Stages newsletter e-mail your request for a subscription to Opening Stages along with your name, e-mail address and snail mail address to access@kennedy-center.org  For more information contact:  The Accessibility Program at (202) 416-8727 (voice) or (202) 416-8728 (TTY), or via e-mail at
access@kennedy-center.org 

Conferences, Events, Meetings & Courses

“CEC Annual Convention And Expo:” This year’s event will be held April 9 – 12, 2003 in Seattle, WA.  For more information:  http://www.cec.sped.org/seattle.

Abilities Expo Presenting 6 shows in 2003: April 11-13 @ New Jersey Convention Center; June 6-8, 2003 at the Long Beach Convention Center in California; August 15-17 at the Donald E. Stephens Convention Center in Chicago; September 12-14, 2003 at the World Trade Center, Boston; October 17-19, at the Broward County Convention Center, Ft. Lauderdale; and November 14-16, at the San Mateo County Convention Center, San Mateo, California. For more information please visit www.abilitiesexpo.com

2003 HireDisability Expos: The following dates have been announced: April 11-13 Edison, NJ; June 6-8 Long Beach, CA; June 10 St. Louis, MO; August 6 Dallas, TX; August 15 – 17 Chicago, IL; September 12 –14 Boston, MA; September 18 –20 Orlando, FL; October 14 Philadelphia, PA; October 16 New York, New York; November 14 – 16 San Francisco, CA.  Businesses interested in participating and individuals interested in attending should contact jklare@equalitystaffing.com for more information.

National Health Care for the Homeless Conference.  HRSA will sponsor the “Seeds for Growth: Compassion, Competence, Compassion” conference May 29-31, 2003 at the Hyatt Regency Washington on Capitol Hill in Washington, D.C.  For additional information contact Laura de la Cruz, Conference Registrar at ldelacruz@prainc.com or (888) 439-3300 ext. 242 or visit their website at www.bphc.hrsa.gov/hchirc

National Council on Independent Living Conference: NCIL will hold their annual conference, “The Revolution of Empowerment: Lead On! Lead On!” in Washington, D.C., from June 4 – 7, 2003.  For registration information email: jen@nataliepshear.com

Employment Barrier: Rural Transportation: Transportation issues for people with disabilities are often a major obstacle to employment. On June 16 & 17 the National Summit on Transportation for People with Disabilities in Rural Settings will be held in Indianapolis.  Contact pshankland@gpcpd.org. 

Second National Summit On The Shared Implementation Of Idea ’97: The  Summit will be held June 19 – 21, 2003, at the Crystal Gateway Marriott in Arlington, VA. It is designed to bring a full range of stakeholders into the discussion about students with disabilities and ways in which people can work together to develop a better understanding of the law and evidence-based practices for implementing the law; strengthen relationships and understand each other's needs and priorities; and address key issues related to supporting achievement for students with disabilities.  For more information:  http://www.ideapractices.org/summit/

ADAPT March: ADAPT’s "Free Our People March," will take place September 4-17, 2003 from the Liberty Bell starting in Philadelphia, PA to Washington, D.C where the march will culminate in a rally for MiCASSA and a day of visits with Congress.  For information contact:  Nancy Salandra at 215-627-7255 or nancydia@voicenet.com or Bob Liston at 1-800-929-2611 or adaptmtbob@aol.com.

Fourth Annual World Congress & Exposition on Disabilities (WCD):  This event will be held at the Orange County Convention Center in Orlando, Florida, from September 18-20, 20003.  An Employment Symposium, in the collaboration with Hire disAbility, will be held during the WDC. Call Amy Baum at 212-571-2600 or e-mail abaum@hiredisability.com. For more information about the WCD Expo, go to http://www.wcdexpo.com/. 

2003 BLN Summit:  The California BLN will host the 2003 Summit in San Francisco from November 12 – 14, 2003 in San Francisco.  For information, contact the CABLN at  sanderso@edd.ca.gov. 

Web Sites

The Harold Russell Foundation has a Website.  This Foundation was established following the death of the World War II war hero, Oscar-award winning actor, and former Chairman of the President’s Committee on Employment of People with Disabilities to continue the work of advocating for disabled veterans’ services internationally that provide prosthetic and orthotic devices for veterans in “Conflict” areas around the world.  The web site is: http://www.haroldrussell.org.

OPM Director Kay James Kicks-Off E-Scholar Website:  Office of Personnel Management Director Kay Coles James recently launched the e-Scholar website  The website, linked through OPM's USAJOBS website, contains hundreds of Federal government-funded education scholarships, fellowships, grants, internships, and cooperative programs. http://www.studentjobs.gov/e-scholar.htm

New website to gather comments about disability research needs: A new website has been developed by the government's Interagency Committee on Disability Research (ICDR) to gather comments and recommendations on research needs for Americans with disabilities.  The Committee, chaired by Steven James Tingus, director of the Education Department's National Institute on Disability and Rehabilitation Research (NIDRR), produced the site to help ensure that federal research efforts meet the needs of the disability community.  The site can be found at http://www.icdr.us/.

The National Organization on Disability (N.O.D.) launched aredesigned and improved website at www.nod.org.  It is organized to make it easier for visitors to navigate, search, and skip from one area of interest to another. There is a list of "quick links" on every page so you can quickly access important site offerings such as Statistics and Surveys, news articles, and N.O.D. program information. In addition, there are new "audience pages" centralizing information for business leaders, community leaders, N.O.D. partners, and the media.  

The web site for nurses and nursing students with disabilities, www.exceptionalnurse.com, has a mentor list. They would like to add a new section linking students up with other students. Interested nursing students with disabilities who might be interested in mentoring another student or being mentored, may contact them at exceptionalnurse@aol.com  

Closed Captioning Information.  Everything that you ever wondered about captioning for such media as videos, T.V., and movies can be found at: http://www.robson.org/capfaq/look.html For places that provide captioning services, visit:http://www.captions.org/services.cfm 

Resources for Planning an Accessible Meeting.  To plan a conference or meeting that welcomes all guests, including presenters and participants with disabilities, visit the following web sites: http://www.resna.org/tap/tapbull/tapaug.htm http://ericec.org/digests/e735.html http://www.adaptenv.org/publications/checklist-pdf.pdf 
(thax C)

********************************************************
SOCIAL SECURITY - THE BEGINNING (Series part 1)
********************************************************
Social Security: The Beginning (part 1)
------------------------------------------------------------------
The Social Security program may be the single most important bit of legislation enacted in the history of the United States, and it remains in the forefront of American politics. Two weeks ago the trustees of the program released their annual assessment. That event always makes front page news.

The "2003 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Disability Insurance Trust Funds" presents the current and projected future financial status of the trust funds. The projected point at which tax revenues will fall below program costs comes in 2018 -- one year later than the estimate in last year’s report. The projected point at which the trust funds will be exhausted comes in 2042 -- one year later than the estimate in last year’s report.

On the heels of the trustees’ report, this week's Elder Law FAX begins a multi-part series on the history of the Social Security program. The series will conclude with a brief overview of how other countries guarantee "social security" for their citizens.

Much of the information in the series is drawn from The Social Security Administration online history site, at http://www.ssa.gov/history/.This Web site includes a detailed explanation of how Social Security numbers are assigned (and who received the first number back in 1936). The site also includes sound and video clip archives, which feature radio debates on the merits of the Social Security program taped during 1935 and President Lyndon B. Johnson's remarks on the passage of the Medicare bill in 1965. The Web site also includes transcriptions of oral histories done with administrators of the SSA over the past 65 years.

Beginnings
------------------------------------------------------------------
The Social Security Act was enacted during the dark days of America’s Great Depression, in the 1930s, but the genesis of the Social Security retirement program actually predates that time in our history by many decades.

Throughout human history communities have organized to provide for the care and support of their elderly and disabled citizens. For example, in the Middle Ages, Europe witnessed the development of formal organizations of various types that sought to protect the economic security of their members. Probably the earliest of these organizations were guilds formed by merchants or craftsmen who had a common trade or business. These guilds regulated production and employment and they also provided a range of benefits to their members including financial help in times of poverty or illness and contributions to help defray the expenses when a member died.

Perhaps the most important of the immediate precursors of Social Security program enacted by the American government on a national scale was the Civil War Pension program begun shortly after the start of the War, with the first legislation in 1862 providing for benefits linked to disabilities "incurred as a direct consequence of . . .military duty."

Widows and orphans could receive pensions equal in amount to that which would have been payable to their deceased solider if he had been disabled. In 1890 the link with service-connected disability was broken, and any disabled Civil War veteran qualified for benefits.

The Social Security program that would eventually be adopted in late 1935 relied for its core principles on the concept of "social insurance." Social insurance was a respectable and serious intellectual tradition that began in Europe in the 19th century and was an expression of a European social welfare tradition. It was first adopted in Germany in 1889 at the urging of the famous Chancellor, Otto von Bismarck. Indeed, by the time America adopted social insurance in 1935, there were 34 European nations already operating some form of social insurance program.

Next issue: The Social Security Act (part 2)
(thax Elderfax)

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UNIVERSAL DESIGN AND VISITABILITY
********************************************************
Universal design and visitability information continue to spread

In the past year hundreds of articles in the nation's news media have been devoted to the concept of "visitability." A decade ago, only a few disability rights advocates knew the concept. But with the aging of the U.S. population, it's clearly an idea whose time has come.

The idea, spearheaded by Atlanta disability activist Eleanor Smith, founder of Concrete Change (http://www.concretechange.org/), refers to basic access in all new homes -- so that they are "visitable" by people with mobility problems. A no-step entrance, doorways wide enough to get through and a bathroom big enough to get into and close the door -- these are visitability's three simple points. A national visitability bill -- the Inclusive Home Design Act -- is in Congress.

Of the news articles on the concept. one of the best ran in Newsday this past January. Read Lew Sichelman's Design For Living online at
http://www.newsday.com/business/realestate/ny-respread3071161jan03.story
Read an interview with Eleanor Smith (and more about the bill in Congress) at  http://www.raggededgemagazine.com/0103/visitability.html

Universal design concepts are at the heart of the visitability movement; design that works for everyone. The Center for Universal Design at North Carolina State University ( http://www.design.ncsu.edu:8120/cud/ ) offers a variety of resources
including an excellent overview of the principles of universal design. It operates the Rehabilitation Engineering Research Center (RERC) on Universal Design and the Built Environment, funded by the National Institute on Disability and Rehabilitation Research.  The Rehabilitation Engineering Research Center on Universal Design at the University of Buffalo, also NIDRR-funded, has a monthly online e-newsletter with links to current issues and news (http://www.ap.buffalo.edu/idea/e-newsletter/index.htm); this month's issue has an update on a visitability ordinance in Pittsburgh.

The list of internet resources devoted to universal design and visitability is growing rapidly; a number of consultants are offering information and assistance to homebuilders. One such site is Homes for Easy Living http://www.homesforeasyliving.com/ -- to see the number of resources go to http://www.google.com and type in "universal design" or "visitability."

Read our earlier E-letters about visitability:
http://www.accessiblesociety.org/e_letters/eletter121801.htm and
http://www.accessiblesociety.org/e_letters/eletter120401.htm
(thax AccessE)

********************************************************
REVERSAL OF ALS??? - SPI's ?????
********************************************************
Research to Be Presented Suggesting Reversal of Lou Gehrig's Disease May Now Be Possible

Annual Meeting: American Spinal Injury Association
April 2-6, 2003 
Hotel Inter-Continental Miami, Florida

MIAMI, April 2 /PRNewswire/ -- Reversal of Lou Gehrig's disease may now be  possible using thrombopoietin and thyroid hormone to cause regeneration of endogenous stem cells of the central nervous system.  Evidence suggests
spinal cord injury can be reversed through regeneration by stem cells.  This research will be presented by George R. Schwartz, M.D., a senior researcher at Neuroregeneron Co., this week at the annual meeting of the American Spinal Injury Association held in Miami, Florida.

The Food and Drug Administration (FDA) biologics division approved a unique clinical trial in May 2002, authorizing the use of thrombopoietin for Lou Gehrig's disease (amyotrophic lateral sclerosis) in a 40-year-old mother of three small children whose clinical condition was deteriorating rapidly. She was more than 90% paralyzed, with minimal speech capability, tremendous difficulty swallowing, and rapidly failing respiratory function.

The new treatment was approved for a clinical trial after it was demonstrated that platelet growth factors could be tremendously increased through use of thrombopoietin.  Platelet growth factors act as stimulants for the growth and development of glial cells which act as repair cells for dying nerve cells.  In addition, platelet growth factors can stimulate immature cells to differentiate into cells which act as neurons. Thyroid hormone was added to the trial after experimental evidence demonstrated that thyroid hormone acted as a signaling substance helpful for repair cells to function.

Platelets were raised in cycles to more than 10 times the normal level resulting is blood serum rich in platelet growth factors.

At day 42 of this clinical trial, this patient showed remarkably improved head and neck control and strength.  At day 45, she exhibited improvement in tongue strength and motion with improved swallowing functions.  As a result, a feeding tube was not necessary.

At day 60, increased leg muscle strength was clearly evident.  Along with this motion, the patient was able to turn her arms and hands which had been paralyzed for more than a year.  At day 110, she began to move her hands. Muscle strength throughout her body increased and her pelvic muscles could support more weight.

The patient showed clear reversal of a previously deteriorating condition, and return of functions.  Her downhill course stopped.

The nerve cell regeneration and reversal of paralysis in this patient with Lou Gehrig's disease suggests that spinal cord injury and paralysis can also be treated with re-growth of the nerve cells of the spinal cord.

Further trials are urgently needed since the average length of life in ALS patients is 3-5 years after diagnosis.  There is also some indication that regeneration in cases of spinal cord injury would be more effective soon after the injury.

The FDA has been extremely supportive of this clinical trial and has urged that other trials be conducted as soon as possible. "If this proves out, it is a very exciting result indicating a new treatment and approach to Lou Gehrig's disease and spinal cord injury," said a senior neurologist with the FDA in Rockville, Maryland.

However, despite the encouraging results and excitement generated by this clinical trial, the Genentech company has decided not to release the drug thrombopoietin for any further trials in neurologic disease or injury.

"We will not proceed with any further trials at this time," said Mary Stutts, director of corporate relations at Genentech.  The medication was manufactured in substantial quantity in the late 1990s and the current stock of clinical grade thrombopoietin will expire in the year 2003.  "Remanufacture is not planned at this time," confirmed Heather Mccauley, spokeswoman at Genentech.  She offered no other explanation for the decision not to conduct any further clinical testing.

A director of the Lou Gehrig's clinic at the Massachusetts General Hospital and a professor at the Harvard Medical School, has prepared a trial for ten people with this disease.  "I am totally puzzled," commented the doctor, who was rebuffed when he approached Genentech with his proposal. "This defies all common sense and scientific responsibility. We have no other treatments for these conditions," he explained.

Dr. Schwartz, who has been following his patient closely with the FDA approved trial, is also puzzled.  "Are they blind to the implications of this drug for use in neurologic diseases or injury?" he remarked.

Monica Collier, one of the researchers who has been following this patient's ground-breaking clinical course, expressed amazement at the lack of compassion shown by the spokespeople at Genentech. "I cannot understand their approach," she said. "It would seem to be in their interest to try to develop this medication, and the patients just cannot wait."

Dr. Schwartz added, "I know the people at Genentech would be happier if there was a large amount of animal experimentation before the clinical trial. However, the reality is that animal models are not suitable to test for regeneration of nervous system cells at this time.  We have a treatment which is ground-breaking and which is working in our patient. Let us go forward with further testing.  Re-manufacture will take years.  Meanwhile all the medication for clinical testing is literally going to waste.  Patients are suffering and family and spouses are watching tragic deterioration in their loved ones."

Contact: 

George R. Schwartz, M.D.
Senior Researcher, Neuroregeneron Company (a Division of Schwartz Pharma LLC)
 
Tel: 505-610-8243 
(thax S)

NOTE: Could it be that the rehabilitative Co's have paid to NOT further this study for motives of greed????  Just a thought...kk-

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ACCESSIBLE APARTMENT FOR SALE
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We would like to inform you that we have a fully handicapped-accessible apt. for sale.  It is located in Miami Beach, Florida---in South Beach, just a few yards from the ocean.  Its views are of the ocean and Government Cut, where all the cruise ships go in and out of the Port of Miami, right past our windows at eye level!  The apt. has 3 bedrooms and 3 baths.  Of the baths, two are handicapped accessible bathrooms, one with a very large roll-in shower.  All doors are widened, all light
switches are set low on the wall.  There is a tremendous amount of closets and extra storage in the apt.  This is a large, corner apt. with two balconies, one of them especially large, in a luxurious condominium with many, many amenities, including a magnificent pool (which has handicapped access available, if one has a Hoyer lift), a large exercise room which includes  a standing table for the handicapped, a billiard room, meeting and party room, etc., 24 -hr. security, 24-hr. valet service, etc., etc., etc. 

Also, available separately is a large storage garage.  We have one parking space in the parking garage,  which comes with the apt.,  but this storage garage is in ADDITION to that.   It has a built-in cedar closet, heavy-duty shelving, two workbenches (one very long), a full-sized freezer, a tiny refrigerator and a dehumidifier.   We do not park our car there, we  use the storage garage for STORAGE (and a lot of it!!) 

Phyllis and Edward Resnick
phyllis@adaaccessnow.org

===============================
Comments and news of interest are always welcome.  Feel free to use or disseminate the information in these newsletters however you want and while DAC likes to be recognized, do so only if you wish.  To subscribe (please enter state) or unsubscribe just hit reply with your wish.  Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

http://members.aol.com/DAC4VA/main.htm  <--for links etc.
DAC
http://members.aol.com/DAC4VA/index.html  <--Mission Statement

**Some people grin and bear it.  Others smile and change it.**

++
===================================
04/05/03 - Follow-up to DAC Buletin #73 -- DYFS Continues To Allow Abuse in NJ
===================================
NOTE:  You'll notice in this 'Press Release' that the people are STANDING UP and shouting "NO MORE" and state officials are hearing you.  Keep shouting, writing and screaming until ALL of these ATROCITIES are resolved.  Keith-


PRESS RELEASE: 4/3/03

"The Family Alliance to Stop Abuse and Neglect"

DYFS CONTINUES TO ALLOW ABUSE OF CHILDREN AND ADULTS WITH DEVELOPMENTAL DISABILITIES
Taxpayers’ money flows to scofflaw facilities using dangerous practices

Thanks to DYFS (Division of Youth and Family Services) mismanagement, private corporations continue to take huge sums of taxpayers’ money with no accountability, while failing to deliver the services to individuals with disabilities for which they are paid.  The modus operandi: persistent noncompliance with state regulations; failure to pay state fines; appealing rather than acting on reports of deficiency; downplaying loss of CARF accreditation; and dodging threats of receivership.  The result: deaths, injuries, and multiple lawsuits.  Yet DYFS fails to act.

While DYFS struggles with understaffing and underfunding, it continues to pay certain private corporations providing residential services to children and adults with developmental disabilities and traumatic brain injury at rates up to $969 per client per day.  One facility receiving that rate was fined $126,700 last July for extensive deficiencies found by both DHS and DHSS, and those fines remain unpaid.  The facility was also found by the Division of Developmental Disabilities (DDD) to have abused clients.  The same facility was threatened with receivership by DHSS in early January of 2003 for continued noncompliance, yet on January 1 DYFS again contracted with that facility to pay $969 per day for a New Jersey client.    

Bureaucratic inefficiency and lack of coordination between and within state agencies and their divisions costs time and taxpayers’ money, and makes it even more difficult to hold private contractors accountable for quality and cost.  A case in point: one family recently exhibited a report from DDD stating that their son was not abused at a state-funded private residential facility, a later report correcting the first report and finding abuse, and a report on the same situation by DYFS finding no neglect -- which is now being reconsidered in the light of evidence assembled by DHS at the time, of which DYFS states it was unaware.   During the same time period, the facility in which the child was abused and (presumably?) neglected was cited by DHSS for numerous health and safety deficiencies.  This fragmented and inconsistent system dilutes responsibility, promote communication breakdowns, and allow providers to manipulate the system for their benefit.

While private “human services” corporations are allowed by DYFS to dodge responsibility, they are maximizing profits by the use of cheap, dangerous, outdated, medically indefensible substitutes for the healthy, active, quality programs they are being well-paid to provide.  These program substitutes are restraints (chemical, manual, and mechanical) and aversives (“punishers” that deliberately inflict pain, confusion, and humiliation).

Laws already exist against the use of these methods on elderly clients of nursing homes (legally such restraint in the absence of a physician’s order is considered “false imprisonment”), on prisoners, and even on pet animals.  If a parent is found using restraints and aversives on their child in the home or in a public place, the police have the responsibility to intervene.  Charges may be brought and the case must be reported to DYFS.  That means parents would lose custody of a child on whom they have used restraints and aversives to a state system, DYFS, that is woefully understaffed and underfunded to care for and protect that child.  Yet at the same time huge sums of the same state agency division’s money -- up to nearly $1000 a day per child -- are handed to private corporations which are permitted to use restraints and aversives with impunity while under the regulatory oversight of DYFS!

How did the system get so broken?  The prerogative of private corporations to continue using these cheap, dangerous methods, with minimal accountability and maximum taxpayer dollars is maintained by the hiring of expensive lobbying and public relations firms.  In the light of recent appalling deaths and injuries to clients of these private corporations, parents have asked the legislature to curb the use of dangerous restraints and aversives as cheap “product substitutes” by restricting restraints to emergencies only, requiring medical supervision, and requiring better accountability to taxpayers (A2855/S2209 -- “Matthew’s Law”).  This very economical bill is modeled on a successful program which allowed Pennsylvania’s state psychiatric hospitals to reduce the incidence of dangerous restraints by 90%, and hours of restraint by 95%. Reducing restraints reduced client injuries and trauma, thereby reducing medical costs and lawsuits, made the work environment safer and more attractive to staff, and changed the culture of the service system from adversarial to supportive and cooperative.  These changes were made by re-training the staff already in place and enhancing accountability, and cost not one penny of taxpayers’ money!  Most other states have successfully placed similar limits on restraint use throughout their human services systems, and the federal government now places serious restrictions on restraint use in federally-funded facilities.  Due to excessive restraint use and other abuses, New Jersey’s cash-strapped state developmental centers came perilously close to losing $37.6 million in federal funding last summer. 

But the corporations are buying their way out with more money.  Their “hired gun” lobbyists have convinced certain legislators to hand them a new perk: Substitute Bill 2849.  This bill would make New Jersey the only state to protect by law the practice of relying on restraints and “punishers” as a cheap “therapeutic”alternative to providing safe, modern therapies and services.

It’s time for DYFS to clean up its act.  We demand that DYFS stop handing our taxpayers’ money to private corporations that kill and injure our children, and stop the wholesale use of dangerous restraints and aversives on our most vulnerable citizens.

The Family Alliance to Stop Abuse and Neglect
1014 Twin Oaks Drive
Toms River, NJ 08753

Contact: Janice Roach (jroach1543@aol.com); tel 215-794-2219
Contact: Pat Amos (pat.amos@verizon.net); tel 610-649-9139

Web Site: www.matthewslaw.bravepages.com

Kristine Copeland
kcopeland@twmi.rr.com
Center for Self-Determination
www.self-determination.com
==================================

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email:  DAC4VA@aol.com

http://members.aol.com/DAC4VA/main.htm  <--for links etc.
DAC
http://members.aol.com/DAC4VA/index.html  <--Mission Statement

**Some people grin and bear it.  Others smile and change it.**

++

========================================================
DAC Bulletin V3-#73  Saturday, April 05, 2003   
========================================================
DAC finds it odd that during the past 2 years in New Jersey, mostly which were under the weak leadership of Governor James E. McGreevey, that deaths and abuse started escalating to those unfortunate people that happened to live in group homes and other institutions.

Please read this report of the "Drug of Choice" to quiet down those persons stuck in institutions to make it easier on staff.  I suppose it's much easier to drug a person rather than try to rehabilitate them, or so NJ officials apparently think.

The National and local ARC's are useless and we have yet to hear anything of their involvement except for a threatened lawsuit.  (stand in line:) 

DAC first reported these stories on January 08, 2003, followed by January 21, 2003, January 27, 2002, February 7, 2003, February 10, 2003, March 5, 2003, March 10, 2003, March 11, 2003, March 13, 2003, and again today April 5, 2003. 

Ten letters have been written but so far no action is being taken as has been promised. We WILL continue writing about the abused in New Jersey until these issues ARE resolved, be it 10 letters or 10,000 letters, we will NOT stop. 

Your VOICES are being heard though so keep organizing!  Each of you must continue to take responsibility, whether you live in New Jersey or out of state, to help bring these issues to light as DAC alone would be ineffective without your support. Together we ARE making a difference!

DAC is still providing you with ALL of your state legislators email addresses at the end of this report so you can start writing to them as well as the governor.

Teachers, this would make an excellent project for your students to pursue in writing to legislators and the governor with the email addresses I've enclosed. Have them write a letter today.

Since these emails are often forwarded to others you can also receive them too by simply by writing to us at: dac4va@aol.com  and putting "subscribe" or "unsubscribe" in the title line or body.  Thank you.

Keith Kessler - DAC

=========================================================

The Drug of Choice in Many Institutions
by
MaryEllen Matthews


In 2002, at least two clients in New Jersey institutions for people affected by developmental disabilities, autism, traumatic brain injury, and/or mental illness began to die while under the watchful eyes of staff members.

In each instance, both Danielle Gruskowski and Matthew Goodman had extreme respiratory distress as a major, contributing factor in their deaths.  In each instance, when employees at separate institutions realized there was extreme respiratory distress or a lack of any vital signs, 9-1-1 was never called.  Instead, each person, one a young woman in her 30s and a teen at the tender age of 14, was put into a private vehicle to seek medical attention.

It has come to the attention of DAC, disabled ACTION committee, a tranquilizer known as Tranxene, or clorazepate dipotassium, may have been a factor in the deaths of each person.  According to a pharmacological source, he stated Tranxene is used for anxiety and is very effective when used at low dosage.  He warned at higher dosages this medication can cause severe respiratory distress and even death.  This source also informed DAC that Tranxene belongs to a class of drugs known as benzodiazepines.

In lower dosage, people receiving Tranxene are able to walk and continue with normal activities.  At higher dosages, he stated a person would constantly sleep and it would put a strain on the respiratory system.  Combined with physical restraints, he stated it could certainly be deadly.

Why are people in New Jersey institutions often given Tranxene?  Is it so workers sometimes give excessive amounts and restrain a person physically as well to make their jobs easier?

Young Matthew Goodman was given Tranxene and also physical restraints for better than a year before he died of extreme respiratory distress, sepsis and pneumonia.  Many have since said they never knew Matthew could walk because they always saw him in isolation, on a mat, in restraints including a helmet and a hockey-type mask over his face.  Treatment for autism?  This was certainly the most heinous type of treatment for autism. 

Those who loved Matthew reportedly sought Bancroft Neuro Rehabilitation as a way to help Matthew learn and for professionals understanding autism to work with him.  He was, however, given chemical and physical restraints.  It is reported in the last week of his life, he lost 20 pounds.

When workers realized Matthew Goodman was no longer breathing, they put him into a company van, bypassing four hospitals to drive from the so-called school where he lived to Philadelphia.  Instead of 9-1-1 or going immediately to the first emergency room, Matthew was driven for 50 miles to a children's hospital in Philadelphia.

He died, still in restraints from Bancroft.

See Matthews Law here: http://matthewslaw.bravepages.com/

For Danielle Gruskowski, she had already allegedly been abused when an angry staff member at her cottage threw a cup of scalding, hot tea on Danielle's face, severely burning her.  Later, when staff members said they noticed respiratory distress, instead of calling for help, she was taken by a private vehicle to a doctor's office where she was pronounced dead on arrival.  Her cause of death?  Once again, acute respiratory distress.

Danielle's loved ones had reportedly hoped living in a cottage with other adults diagnosed as developmentally delayed would offer her a more adult experience and the opportunity to live on her own.  Instead, she died at the hands of those who were entrusted with her care.  She had been burned by a worker supposedly trained to work with people with developmental disabilities.

For Matthew, he was to have been transferred to a facility in another state just a day after he died.  He did not live long enough to make the trip and have a start with people who were all licensed and trained.

There have been accusations of lack of training, accreditation, and licensure for many of the employees at Bancroft NeuroRehabilitation.  One cannot help but wonder if this is the case in so many other places throughout New Jersey given reports of abuse of clients, bruises from beatings, obvious client fear of certain workers observed by those who visit them, withholding of food, termination of employees who report abuse, and giving too much of a very serious and powerful medication to those already in physical restraints.

Governor James E. McGreevey is aware of these outrageous abuses against those least able to protect themselves.  However, after a recent "investigation," Bancroft NeuroRehab and other facilities were reportedly found in compliance.  How is any facility or system in compliance when there are beatings, systematic abuse, chemical and physical restraints and even deaths at various locations throughout New Jersey?

A book club is great, Governor McGreevey. It is fine and even noble to care about the abuse of animals and to unveil a program for their protection.  However, shouldn't these projects take a back-seat to caring about people who are at the whim of workers who have abused, burned, hit, refused food and even provided so much chemical and physical restraint as to cause death?

The citizens of the United States and the world watch and await action upon your part.

Matthew Goodman and Danielle Gruskowski are not here to speak for themselves.  DAC and others will continue to cry out and speak for them until the system is changed, and the abuse and neglect of people are no longer tolerated in New Jersey.


MaryEllen Matthews may be reached at:  Mmemfish@aol.com

================================================

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email:  DAC4VA@aol.com

http://members.aol.com/DAC4VA/main.htm  <--for links etc.
DAC
http://members.aol.com/DAC4VA/index.html  <--Mission Statement

**Some people grin and bear it.  Others smile and change it.**

++

========================================================
DAC News V3-#72   Thursday, April 03, 2003   
========================================================
For those wondering about our coverage of the abuse in New Jersey's Group Homes and Institutions I want to let you know the investigation is still ongoing.  You must, however, continue to write and fight for yourselves because DAC alone will not be able to make it happen without your help.  We've heard nothing from Commissioner Harris other than her brief letter.  So we'll dig, you fight and together we'll resolve this matter.  DAC lit the fire so it's time for you to fan the flames.

I hope everyone is enjoying this spring weather and I look forward to a long hot summer:)  Read Matt's plea for volunteers at his sign language resource site in our first story.  Our 2nd story deals with a different type of worker discrimination in Alabama, very interesting.  So much more news today so I'll end my chatter.

Read, enjoy and comment if you wish:)

Keith-

========================================================
1.  SIGN LANGUAGE RESOURCES WEB SITE SEEKS VOLUNTEERS
2.  ALABAMA ADA DISCRIMINATION CASE
3.  NEW LISTSERV IN FAIRFAX, VA
4.  NATIONAL NEWS LINKS
5.  NEED YOUR HELP
6.  APRIL ADA UPDATES
7.  SOCIAL SECURITY NEWS
8.  COLLEGE PLAN TAX SAVINGS
========================================================
********************************************************
SIGN LANGUAGE RESOURCES WEB SITE SEEKS VOLUNTEERS
********************************************************
Sign Language Resources web site seeks volunteers.

Volunteers to do what?

Add stuff to this site. Add news (if you already have an account and want to become an editor, email me, and I will add you to the list). Add forum topics. Review some of these books / tapes that we have - check out our sign language bookstore.

If you are a sign language interpreter, perhaps you would let us publish an interview with you. Answer questions like: How did you decide to become an interpreter, what program did you take and what was it like, where do you work / how do you find jobs?

Visit http://signlink.biondosmith.com for details.

Matt Biondo-Smith
Webmaster
matt@biondosmith.com

********************************************************
ALABAMA ADA DISCRIMINATION CASE
********************************************************
Alabama ADA Employment Discrimination Case:

(March 30, 2003) Steven Greenhouse writes in today's New Your Times about Samantha Robichaud and her bias suit against a McDonalds franchise in Alabama.

The Equal Employment Opportunity Commission (EEOC) has filed a federal lawsuit accusing the franchisee of violating the ADA by refusing to promote Ms. Robichaud to manager because of how she looks.

The article quotes Chai Feldblum, who acknowledges how difficult these cases have become due to recent court rulings.

Instead of examining the discriminatory behavior of the employer, the case is likely to hinge again on the "definition of disability" as well as the "regarded as" language in the ADA.  

click link to go to the NYT site:
http://m1e.net/c?16890777-vabjAHQp1MLwY%40177835-zDuqgkpfaTO/6

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NEW LISTSERV IN FAIRFAX, VA
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New Listserv for Fairfax County Residents/Employees

Fairfax County's Disability Services Planning and Development has started an email listserv to keep the public and County employees informed about resources and issues that affect people with physical and sensory disabilities. 

The email listserv will be brief and sent out approximately once a week, more frequently if there is time-sensitive information.

The listserv will also be the primary vehicle for publicly announcing meetings and activities of the Disability Services Board, as well as how to access future online issues of the Disability Services newsletter.

To subscribe to the listserv, simply go to http://www.fairfaxcounty.gov/email/lists/. 
(or click on: Electronic Mailing Lists Subscription Request -…)

Fill in your email address, click on the 4th box (Disability resources and news), and then click subscribe.  You will be sent an email asking you to respond in order to finish the subscribing.  You must respond to this email and write "ok" in the body of your message for the subscription to be complete.

The listserv is one-way: information is sent out, but subscribers cannot post to the listserv.  However, any and all contributions for future issues are welcomed.

All future public DSB announcements will be made through the listserv only.  If you need to receive the information in alternative formats, contact them at 703-324-5421 or 703-449-1186 (TTY) or disabilityservices@fairfaxcounty.gov.

John Hudson and Carmen Sanchez
Disability Services Planning and Development
Suite 708
12011 Government Center Parkway
Fairfax, VA   22035
703.324.5421
703.449.1183 TTY
703.449.8689 Fax
disabilityservices@fairfaxcounty.gov
(thax Cheryl)

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NATIONAL NEWS LINKS
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NATIONAL NEWS:

CMS Medicare/Medicaid Forum - March 31.
http://www.jfanow.org/cgi/getli.pl?1699

Research Grants - 2003 NCBDDD Research Topics of Interest.
http://www.aucd.org/projects/NCBDDD/2003rtois.htm

NJ committee to have "pull-the-plug" say over others.
http://www.raggededgemagazine.com/drn/03_03.shtml#530

Activists Swarm Hearing, Take Capitol Office, To Protest Pataki Cuts.
http://www.raggededgemagazine.com/drn/03_03.shtml#517

'Accessible' Transit: Unsafe at Any Speed?
http://www.raggededgemagazine.com/0303/0303ft2.html

Georgia lags in responding to Olmstead decision.
http://www.macon.com/mld/telegraph/5515704.htm

A friend indeed for those in pain.
http://www.dmregister.com/opinion/stories/c5917686/20859997.html

Baby case tests rights of parents.
http://www.csmonitor.com/2003/0327/p01s01-usju.html

Making a Difference: Thinking About Decision-Making Support in the Transition Process.
http://www.wcdd.org/Publications/making_a_difference.PDF

A Plan for Achieving Self-Support (PASS) allows a person with a disability to set aside income and/or resources for a specific period of time to realize a work goal.
http://www.passplan.org/
(thax M.S.)

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NEED YOUR HELP
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Hi folks.

I need your help.  I am compiling testimonial letters for our trip to IDEA for book called: the Faces and Voices of IDEA.

We need letters from parents appealing to our legislators!  If you have already written something, please send us a copy.

Please sent it to Nancy Rozell who is handling the compilation of the book.
Her email is: nrozell@hertz.com

It doesn't need to be fancy or long.  We are looking for volume.

Sample:

Dear Members of Congress:

My name is Debbie Brown.  I have a beautiful son name Gabriel.  Gabriel was diagnosed with autism by the age of 2.  With the help of early intervention and special education, Gabriel has made tremendous progress.  Please don't make these drastic changes to IDEA.  What we need is accountability and enforcement for noncompliance.  Mandatory federal funding would solve these problems. 

Sincerely,
Debbie Brown
Allendale, NJ

You can make it longer if you would like but even if it is one paragraph with a photo attachment, it will make a difference.  Please email Nancy by Friday 3PM.

Please help us.  We will do our very best to help ourselves and help represent you.

All the best,
Debbie Brown

SPARC - Special Parent Assistance & Resource Center - a NJ program for parents dealing with challenges posed by all disabilities offering support, education, advocacy and information & referral.
http://www.geocities.com/sparcofucp

Special Ed Watchdog Nation - SEWN - Special Ed advocacy info and resources
http://community.webtv.net/SpecialEd_Watchdog/SpecialEdWatchdog

Special Ed Webmasters and Listowners - an egroup
http://groups.yahoo.com/group/SpedWebmasterListowners

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APRIL ADA UPDATES
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1. ACCESS TO ADAAG
2. NATIONAL FORUM OF THE 29TH INSTITUTE ON REHABILITATION ISSUES
3. NCD ADDRESSES TANF BLOCK GRANT PROGRAMS
4. NEW EEOC WEB PAGE TO ASSIST EMPLOYERS' UNDERSTANDING AND COMPLIANCE WITH EEOC INVESTIGATIONS
5. PA TRANSPORTATION ALLIANCE
6. SCHOLARSHIP PROGRAMS AVAILABLE FOR DEAF AND HARD OF HEARING STUDENTS
7. DOL ENCOURAGES USE OF TAX INCENTIVES TO HIRE PEOPLE WITH DISABILITIES
8. EEOC LAUNCHES "REFERRAL BACK" MEDIATION PROGRAM
9. "ASK A PRO" WEB SITE OFFERS RESOURCE ON SELF-EMPLOYMENT
10.  REPORT ON TECH. ACT PROJECTS

Training and Conference Opportunities

1.  ACCESS TO ADAAG

Level 1 (Basic): April 8-10, 2003
Level 2 (Advanced): April 29 - May 1, 2003
Comfort Inn Conference Center
Bowie, Maryland
Mark Derry, Training Consultant for the ADA & IT Center for the Mid-Atlantic Region, will be conducting this series. The basic level session will provide a foundation of understanding for newcomers; the advanced level is for those with previous experience with architectural accessibility. Registration fee is $150 per person for each training session. Stipends are available to participants from Centers for Independent Living in the Mid-Atlantic Region. For more information, contact David Stewart at 1-800-946-9471 (voice/relay), or e-mail ADAdavidS@aol.com

2.  NATIONAL FORUM OF THE 29TH INSTITUTE ON REHABILITATION ISSUES

May 5 - 6, 2003
Washington Marriott Hotel
1221 22nd Street, N.W.
Washington, DC
The two draft publications to be discussed at this year's Forum are entitled "Promoting Consumer Empowerment through Professional VR Counseling" and "Teaching Orientation and Mobility Professionals: Non-Traditional Approaches to Meet Critical Staffing Shortages." IRI publications are widely used by rehabilitation professionals and other stakeholders in the VR program as training materials and technical assistance resources. For registration information, visit The George Washington University Regional Rehabilitation Continuing Education Program (RRCEP) III Web site http://www.gwu.edu/%7Errcep/National.htm or contact the RRCEP directly via e-mail at fbutler@gwu.edu, telephone at (202) 973-1550, TTY at (202) 973-1544, or FAX at (202) 775-0053.
________

Announcements and General Information

3. NCD ADDRESSES TANF BLOCK GRANT PROGRAMS

The Temporary Assistance for Needy Families (TANF) block grant will be reauthorized by Congress in a few months and the National Council on Disability wants to be sure that the needs of parents and children with disabilities participating in TANF-funded programs are considered.  NCD says it is important that the law reflect both the desire of people with disabilities to work and the reality that some people may have work limitations requiring long-term assistance. To read the NCD paper: http://www.ncd.gov/newsroom/publications/familysupports.html

4.  NEW EEOC WEB PAGE TO ASSIST EMPLOYERS' UNDERSTANDING AND COMPLIANCE WITH EEOC INVESTIGATIONS

The U.S. Equal Employment Opportunity Commission (EEOC) has posted a new document entitled "EEOC Investigations - What an Employer Should Know":  http://www.eeoc.gov/small/investigations.html

5.  PA TRANSPORTATION ALLIANCE

The Pennsylvania Transportation Alliance has built a successful model for state-wide advocacy and cooperation addressing rural transportation issues.  You can find information about the PA Transportation Alliance at http://www.cilcp.org/pa_transportation_alliance.php

6. SCHOLARSHIP PROGRAMS AVAILABLE FOR DEAF AND HARD OF HEARING STUDENTS

The Alexander Graham Bell Association for the Deaf and Hard of Hearing offers scholarship programs for students from pre-school to college. Find information at
http://www.agbell.org/financialaid/agbell_programs.cfm

7. DOL ENCOURAGES USE OF TAX INCENTIVES TO HIRE PEOPLE WITH DISABILITIES

The Department of Labor Secretary Elaine L. Chao reminded business about tax breaks and resources available to encourage the hiring of people with disabilities. Read about it at: http://www.dol.gov/opa/media/press/odep/ODEP2003150.htm

8. EEOC LAUNCHES "REFERRAL BACK" MEDIATION PROGRAM

The EEOC announced the implementation of a voluntary mediation pilot program in which private sector discrimination charges may be referred back to a participating employer's    internal dispute resolution program.  Under the new "referral back" mediation pilot, which will be carried out at the district office level, employers that have internal dispute resolution programs that meet specific criteria may participate in the pilot. Press release: http://www.eeoc.gov/press/3-24-03.html
Q&A: http://www.eeoc.gov/mediate/referralpilotqanda.html

9. "ASK A PRO" WEB SITE OFFERS RESOURCE ON SELF-EMPLOYMENT

A new web site serves as a resource for anyone in vocational rehabilitation, career and business counseling who is assisting people with disabilities who would like to be self-employed. The "AskaPro" web site has answers to frequently asked questions about self-employment for people with disabilities who are receiving vocational rehabilitation (VR) services. Five national experts provide advice on several topics. Visit: http://rtc.ruralinstitute.umt.edu/askapro/

10. REPORT ON TECH. ACT PROJECTS

"Progress and Outcomes: A Report on the State Assistive Technology Act Projects 2000-2001" describes some of the work states have accomplished to meet the AT Act goals. http://www.resna.org/taproject/hottopics.html
(thax K.M.)

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SOCIAL SECURITY NEWS
********************************************************
--  TRUSTEES REPORT HIGHLIGHTS LONG-TERM CHALLENGE FOR PROGRAM
--  SERVING OUR BRAVE ARMED FORCES
--  WHEN TRAGEDY STRIKES, SOCIAL SECURITY IS THERE
--  AN SSI ANNIVERSARY
--  EARN MORE IN 2003
--  SOCIAL SECURITY'S ROMANTIC SIDE
--  A HOT TICKET FOR EMPLOYERS

TRUSTEES REPORT HIGHLIGHTS LONG-TERM CHALLENGE FOR PROGRAM

According to the Social Security Board of Trustees, the Social Security program is not sustainable over the long term.  In 2018, tax revenues will fall below program costs.  In 2042, the trust funds will be exhausted.  Both of these dates are one year later than the estimates in last year's report. Our actuaries estimate the trust funds would require $3.5 trillion, in today's dollars, earning interest at the Treasury rates, to pay all scheduled benefits over the next 75 years.

"This report is yet another reminder of what we have known for some time: Social Security's long-term financing problems are very serious and will not be fixed by wishful thinking alone," said Jo Anne B. Barnhart, Commissioner of Social Security.

"I want to assure those already receiving Social Security benefits -- as well as those who are close to retirement -- that your benefits are secure," Commissioner Barnhart said.  "But doing nothing will have serious consequences for our children and grandchildren."

To learn more about the 2003 Trustees Report, read the news release.
http://www.socialsecurity.gov/enews/enewspress031903.htm

Or, visit the online report at the link below.
http://www.socialsecurity.gov/OACT/TR/TR03/


SERVING OUR BRAVE ARMED FORCES

The thoughts and prayers of many Americans are with the brave men and women who are serving their country in the armed forces overseas -- especially those fighting the war in Iraq.  If you are in the military, you probably know that you are paying Social Security taxes and earning coverage.  Your future Social Security benefit depends on your earnings averaged over your working lifetime.  Your future benefits might be increased because of special earnings credits granted for prior periods of active duty and active duty for training.  So remember, as you serve your country, Social Security is here to serve you -- whether you or your family needs retirement, disability or survivors benefits.  For more, see our online fact sheet, Military Service and Social Security.  http://www.socialsecurity.gov/pubs/10017.html


WHEN TRAGEDY STRIKES, SOCIAL SECURITY IS THERE

When the space shuttle Columbia lifted off into the Florida sky in January, the astronauts and their families weren't thinking about Social Security. But, tragically, a few weeks later, it was very much on the minds of family members of the American astronauts who lost their lives when the shuttle broke apart.  Social Security swiftly began helping the families apply for monthly survivors benefits for children, widows and widowers of the crew.

The following month, when hundreds of people went out for a fun evening in Illinois and Rhode Island, Social Security wasn't a priority in their minds. But today, it has become a priority for many of the children and other family members of those who died in the Chicago and Warwick clubs.

These events not only remind us of the fragility of life, but also of the importance of planning for the financial well-being of our loved ones should something happen to us.  Social Security survivors benefits play an essential part in this planning, often in the most life-changing times.  To learn more, read our pamphlet, Social Security Survivors Benefits. http://www.socialsecurity.gov/pubs/10084.html


AN SSI ANNIVERSARY

Thirty years ago, a federal bureau was set up to oversee the creation of a new program Congress had conceived one year earlier.  The name of the program was Supplemental Security Income, known by many today as SSI.  This was the beginning of a vital program, now administered by the Social Security Administration, which, for decades, has been providing payments to millions of people who have low incomes, few assets, and who have disabilities or are age 65 or older.  The SSI program is still making payments to more than six and a half million people.  If you're 65 or older, blind or disabled and you're in financial need, SSI may be able to help you. Visit our SSI page for more information.
http://www.socialsecurity.gov/notices/supplemental-security-income/


EARN MORE IN 2003

Here's good news if you work while getting Social Security survivors or retirement benefits and haven't yet reached your full retirement age. You're able to earn more money in 2003 without having your Social Security benefits reduced.  You can earn up to $11,520 in 2003 and keep all of your Social Security benefits.  (The amount was $11,280 last year.)  If you make more than $11,520, $1 will be taken out of your Social Security benefits for every $2 you earn over the limit.  If you reach full retirement age during 2003 (that's 65 and 2 months for people born in 1938), $1 will be taken for every $3 you earn above $30,720 until your birthday month.  After you reach your full retirement age, you can keep getting your full benefit no matter how much you earn.

To learn more about working and collecting Social Security benefits, visit our Retirement Planner.
http://www.socialsecurity.gov/retire2/whileworking.htm

To find out your full retirement age, check out our chart.
http://www.socialsecurity.gov/retirechartred.htm


SOCIAL SECURITY'S ROMANTIC SIDE

When spring springs, love is in the air.  For Julie and Robert, it was love at first sight.  After they exchanged their vows (and after their unforgettable Caribbean honeymoon), the first visit they made was to their local Social Security office.  Julie Sheldon was now Julie Sheldon-Hunt, and she knew that it was important for her Social Security card and record to reflect the change.  That was last June.  This year, they are still deeply in love.  They have filed their first joint tax return.  Julie's records were in order, thanks in part to her prompt name-change report to Social
Security.  The couple plans a romantic dinner with their tax refund.  For more about what women (and the men who love them) should know about Social Security, visit our Women's Page. http://www.socialsecurity.gov/women/


A HOT TICKET FOR EMPLOYERS

If you're an employer, let us help you find qualified candidates for your upcoming job vacancies.  We've got your ticket to hiring motivated, qualified workers with disabilities.  Ticket to Hire is a free national referral service for employers.  When an employer contacts Ticket to Hire with information on job vacancies, we use our database to hook you up with agencies that can give you the names of qualified candidates with disabilities who want to work.  Ticket to Hire can help you meet your
staffing needs, lower your recruiting costs and increase diversity on your staff by introducing you to people with disabilities who have the ability to get the job done.  And you may qualify for tax credits if you give a job to a Ticket to Hire candidate.  To find out more about how Ticket to Hire can help you, visit our Work Site at the link below. http://www.socialsecurity.gov/work/Ticket/TicketHire.html

If you're not an employer, but you'd like more information, visit the website that could be your ticket to work. http://www.socialsecurity.gov/work/Ticket/ticket.html
(thax AccessE)

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COLLEGE PLAN TAX SAVINGS
********************************************************
Tennessee's 529 College Plan Offers Key Tax Savings
------------------------------------------------------------------
A new type of tuition-payment plan has become very popular recently. Called a "529 Plan" (after the Internal Revenue Code section that allows them), this plan can be used by families as a very effective tool both for saving for education expenses and for estate tax planning.

A 529 plan is not just "saving for college." Most people know how to save, or least know that if they start saving now for their two year-old's college education, the money can get very large by time the money is needed. So what is so special about a 529 plan?

There are two types of 529 plans. One is a prepaid tuition plan, which are set up to allow an individual to prepay a student's future educational expenses and fees at today's rates. Second is the college savings plan, which allow individuals to contribute to an account set up to pay a student's qualified educational expenses at any eligible educational institution.

States are setting up prepaid tuition plans to allow individuals to contribute money to the plans to pay for semesters or units of education at in-state schools. Money paid into these plans is after-tax money and grows tax-free at the federal level. 529 plans are usually tax-exempt or tax-deferred at the state level, and many states also provide a significant tax deduction on annual contributions.

Investing in a college savings plan can be a real tax boon for a high net-worth individual who is looking for ways to favor family members and loved ones and want to reduce their assets to minimize their federal estate taxes.

Beginning in 2002, an individual can contribute up to $55,000 in one year for each beneficiary of a college savings plan. In other words, an individual can accelerate five years' of annual gift-tax exclusion gifts by putting the money into a college savings plan.

Here's an example: Mary Jones has a taxable estate of $1.5 million. She has five grandchildren, between the ages of 2 and 10. Mary contributes $55,000 to a college savings plan for each grandchild, a total of $275,000. Her estate is reduced immediately to $1,225,000. Her gifts to the plan did not reduce her $1 million lifetime credit against the federal estate tax.

Under Tennessee law, Tennessee's plan, the Baccalaureate Education System Trust (BEST) program, is exempt from any state, county, or municipal tax. Therefore, contributions to the BEST program are not subject to the gift tax, and earnings of the program are not subject to the stocks and bonds income tax. (Tennessee does not have a state income tax.)

Under a recent advisory notice published by the Tennessee Department of Revenue, Tennesseans who invest in a 520 plan other than the BEST program, however, will affect the individual's tax liability.

Income earned on a non-Tennessee 529 plan is subject to the Tennessee stocks and bonds income tax if the income is interest on notes and bonds or dividends on stock.

Section 529 savings plans allow the owner to retain control over the assets until they are distributed. This is a revocable transfer. Under Tennessee gift tax law, revocable transfers are not considered a completed gift and, therefore, no taxable event has occurred when a contribution is made to the savings plan.

Distributions from non-Tennessee 529 plans may be subject to the Tennessee gift tax. A distribution for payment of tuition is an exempt gift. A distribution for any other purpose is a taxable gift. Therefore, other than tuition payment, total annual distributions over $11,000 to, or for the benefit of, one donee would result in a gift tax liability to the donor for non-Tennessee 529 savings plans.

The assets in a 529 plan remains an asset of the owner until distributed. Accordingly, the plan is considered part of a decedent's estate for Tennessee inheritance tax purposes. Because the Tennessee BEST program is exempt, the assets should be deducted before calculation of the inheritance tax. However, non-Tennessee Sec. 529 savings plans would be considered part of the taxable estate.
(thax Elderfax)

===============================
Comments and news of interest are always welcome.  Feel free to use or disseminate the information in these newsletters however you want and while DAC likes to be recognized, do so only if you wish.  To subscribe (please enter state) or unsubscribe just hit reply with your wish.  Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

http://members.aol.com/DAC4VA/main.htm  <--for links etc.
DAC
http://members.aol.com/DAC4VA/index.html  <--Mission Statement

**Some people grin and bear it.  Others smile and change it.**

++

========================================================
DAC News V3-#71   Friday, March 28, 2003   
========================================================
DAC has been going through many transitional stages during our vast growing rates.  As in any business or organization we are experiencing growing pains as our readership soars.  We are working on updating our website and was recently assisted in that by John, who kindly updated DAC's main page and corrected some faulty links.  DAC thanks John for his help while we try to get all of our new data in order to offer a more universal look that will help people everywhere as much as possible.  In the mean time we ask for your patience while we undergo this transformation and keep sending us the links and information you'd like to see posted.  We've thought of changing our name to DAC4US but have since changed our minds.  Although our site says DAC4VA because Virginia is where I started DAC and we will remain with that address because it is our main headquarters but DAC will still be known simply as DAC to avoid confusion.  That keeps us easy to find via the search engines plus it gives us our base with our roots in VA although we will continue working will people all across the country as we always have.

On another note, DAC would like to explain that we DON'T accept any types of monetary contributions, however, you are more than welcome to volunteer your time or services:)  We offer no pay, no vacations, no health benefits or any other perks but we do offer you the self satisfaction of assisting others.  If this interests you then write back and tell us if you're interested in writing stories, web design work, adding information or searching for the same or anything you feel capable of doing.  We welcome all "serious" inquiries.....remember we reach all 50 states plus various countries across the world so you might have interests somewhere in our readership land.      

One more item... when seeking information from our newsletters please tell us what date or issue you are referring too as we put out so much information it's simply to much work to look through hundreds of newsletters seeking your request.  That's why you'll note that all letters are started with a V3 (for the 3rd year) and a #71 (for the edition of the letter) and with this we or you can find all of our letters archived on the DAC 'main' webpage.  (Archives being updated at this time)  

Much more news for this last Friday of March so read, enjoy and comment if you wish:)

Keith-

========================================================
1.  NEW WEB RESOURCES
2.  MEDICAID CONFERENCE CALL
3.  ACCESSIBLE, AFFORDABLE HOUSING - SOME RESOURCES
4.  TEENS SEND SUPPORT MESSAGES TO IRAQI YOUTH
5.  LIFESPAN RESPITE CARE ACT 03'
6.  EXERCISE & SPORTS FOR PERSONS WITH DISABILITIES
7.  CHRONIC PAIN MEDICATIONS
========================================================
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NEW WEB RESOURCES
********************************************************
Center on Budget and Policy Priorities
"Introduction to the Federal Budget" explains the basics of the annual federal budget process and how that process affects the development of tax and spending legislation. It covers the President's budget request; the congressional budget resolution; how the terms of the budget resolution--and the limits it sets on spending and tax cuts--are enforced on the House and Senate floor; and budget reconciliation,  a special procedure used in some years to facilitate the passage of spending and tax legislation. (March 2003) http://www.cbpp.org/3-7-03bud.pdf

Commonwealth Fund
The numerous problems that result from being uninsured are exacerbated for Hispanics who also lack proficiency in English. "Hispanic Patients' Double Burden: Lack of Health Insurance and Limited English" discusses the high uninsured rates found among Hispanics and the resulting difficulties encountered in gaining access to care. It reports that Hispanics who speak primarily Spanish are in poorer health, are less likely to have a regular doctor, and are more likely to lack insurance and rely on public or community clinics for their health care when compared with Hispanics who speak primarily English, whites, and African Americans. (February 2003) http://www.cmwf.org/programs/insurance/doty_hispanicdoubleburden_592.pdf

Community Catalyst
"The Color of Medicine: Strategies for Increasing Diversity in the U.S. Physician Workforce" points out that one compelling reason the scarcity of physicians of color is of national concern is that there is growing evidence it has an impact on health care access and quality. The authors maintain that increasing the numbers of African American, Latino, and Native American physicians will help improve access to care, with the longer-term benefit of improving minority health status. The report examines all aspects of the medical education process and some of its barriers, and it includes a section assessing potential strategies to improve the current situation. (April 2002) http://www.communitycat.org/acrobat/The_Color_of_Medicine.pdf 

Consumers Union and the Kaiser Family Foundation
"A Consumer Guide to Handling Disputes with Your Employer or Private Health Plan, 2003 Update" was created to help consumers who are seeking ways to resolve disputes with their health plans or better understand their coverage. The guide will help consumers navigate their plan's internal claims review process, as well as their state's external review process. It also provides consumers with state-specific guidelines and other practical information. (January 2003) http://www.kff.org/consumerguide/

Health Affairs
"How Much Medical Care Do the Uninsured Use, and Who Pays for It?" seeks to determine the resources that are already in the medical care system and potentially available to help pay for expanded insurance coverage, because knowing the existing sources of payment for care can help policymakers identify where some of the money for new coverage could come from. This analysis demonstrates that uninsured Americans received about $35 billion in uncompensated health care in 2001, with federal, state, and local governments covering as much as 85 percent of it. The authors conclude that a substantial amount of public money from existing programs is potentially available for a program to expand health coverage. (February 2003) http://www.healthaffairs.org/WebExclusives/2202Hadley.pdf

Institute of Medicine
"A Shared Destiny: Community Effects of Uninsurance," the fourth in a series of reports on the consequences of uninsurance, explores the ways in which those who do have health coverage are affected by those who don't. The authors document a series of spillover effects of uninsurance on community health care institutions, providers, and others and assess the limited empirical evidence that exists about community effects. Among the authors' findings is that, in communities with higher uninsured rates, access to health care services and consequent benefits are compromised even for people with health coverage. (2003) http://books.nap.edu/books/0309087260/html/index.html

Kaiser Family Foundation
Public and private sector organizations are involved in a number of activities that seek to reduce cultural and communication barriers to health care. To assist in the effort to pursue several of these techniques as part of a strategy to reduce racial and ethnic disparities in medical care, the "Compendium of Cultural Competence Initiatives in Health Care" pulls together all of these activities in a single document. The initiatives included run from 1990 to the present and cover both public and private sector programs. (January 2003) http://www.kff.org/content/2003/6067

"From Concept to Operation:
A Guide to Developing Assistance Programs for Health Care Consumers," based on the Health Rights Hotline of Sacramento, California, provides a framework and specific steps that organizations may take to set up a consumer assistance program. Topics covered include program design, staffing and training, outreach, collecting and analyzing data, program evaluation, and financing. (January 2003) http://www.kff.org/content/2003/20030116a

Public Citizen
"Medicare Privatization: Bad for Seniors and People with Disabilities" includes new information on the Bush Administration's PPO demonstration program (an attempt to introduce a new type of managed care plan into Medicare) and on HMO premiums and drug benefits for 2003. The report concludes that relying more heavily on private plans is not the approach to Medicare reform that is in the best interests of beneficiaries, nor is it what beneficiaries desire. Instead, the report recommends that the existing Medicare program be expanded to include prescription drug coverage. (February 2003) http://www.citizen.org/documents/pporeportfinal.pdf

Urban Institute
"Prescribing the Best Medicare Drug Prices," available as a webcast and transcript, examines one of the most pressing and expensive domestic issues a prescription drug benefit for Medicare Beneficiaries. In this discussion, leading experts discussed the pros and cons of securing the best prescription prices through the private market, pharmacy benefit managers, and government negotiation. (March 4, 2003) http://www.kaisernetwork.org/healthcast/urban/04mar03

Families USA
Medicaid Action Center: Families USA has created a Medicaid Action Center, a one-stop-shop for understanding the details of the Administration's proposals to change Medicaid, statements other organizations have made objecting to the proposal, explanations of why Medicaid is such an essential service, resources advocates can use when fighting Medicaid budget cuts, and a collection of other Medicaid resources. http://www.familiesusa.org/Medicaid%20Action/index.htm 

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MEDICAID CONFERENCE CALL
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MEDICAID CONFERENCE CALL

New developments regarding Medicaid seem to be taking place on a daily basis. In an effort to address these potentially devastating proposals and budget cuts, Families USA is hosting a conference call on Medicaid.

When: FRIDAY, April 4, 1:00 PM Eastern Time
Number To Call: 1-800-550-7131
Call ID: 101090 Rachel Klein

A replay will be available two hours after the call ends, up until April 18. To access the replay, dial 1-888-852-5733, and the passcode is the same - 101090. If you have questions, contact Enzo Pastore, Families USA, 1-800-593-5041 epastore@familiesusa.org

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ACCESSIBLE, AFFORDABLE HOUSING - SOME RESOURCES
********************************************************
ON OUR FRONT PAGE TODAY: "'Notification Act' bill in CA"
http://www.accessiblesociety.org/

Accessible, affordable housing -- some resources

Accessible and affordable housing remains one of the most intractable problems facing people with disabilities. "For people with disabilities, this problem is even more acute, because affordability is also conditioned by inaccessibility, availability, and discrimination," said the National Council on Disability in a report. "While levels of home ownership for most Americans are at near historic highs, rates of home ownership for Americans with disabilities remain shockingly low, languishing in the single digits. In its report, "Reconstructing Fair Housing" (online at http://www.ncd.gov/newsroom/publications/fairhousing.html),  NCD catalogued "serious, pervasive, and persistent weaknesses and failures in the Federal Government's enforcement of nondiscrimination laws in the area of fair housing."

"Most housing issues are local to your city or county," says attorney Steve Gold. But there are ways, he says, that disability advocates "can increase the supply of affordable, accessible, and integrated housing. Every state has a state housing agency that, at least, allocates low-income housing tax credits," he explains. "Most state housing agencies receive community development block grants that are used for low-income housing, and many states allocate section 8 rental housing vouchers and have a 'HOME' program, whether for new construction or rental assistance. Quite a few have some responsibility for housing codes."  Advocates can use each of these resources, he says; in "Statewide Housing Strategies," his Info Bulletin #47, he offers suggestions for how to do just that. Read Info Bulletin #47 at
http://www.stevegoldada.com/stevegoldada/cgi/getlink.cgi?70R

The U. S. Dept. of Housing and Urban Development has a national Fair Housing accessibility training program, free, to groups who request it. "HUD is particularly interested in presenting training sessions at conferences and meetings, especially for developers and others in the building industry," says trainer Bonnie Milstein. The building community, officials and advocates can all benefit. For more information on the program, visit http://www.fairhousingfirst.org
(thax AccessE)

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TEENS SEND SUPPORT MESSAGES TO IRAQI YOUTH
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TEENS SEND MESSAGES OF SUPPORT TO U.S. AND IRAQI YOUTH IMPACTED BY THE WAR IN IRAQ

In an effort to spark teens' voices on the war in Iraq, YouthNOISE.com, an online initiative of Save the Children, has created "Caught in the Crossfire", which seeks to find a common ground among teens, regardless of their divergent opinions on the war in Iraq, to support the protection of innocent young victims of war.  The centerpiece of "Caught in the Crossfire" is a message writing campaign, whereby teens can write messages of support to:

-Iraqi internally displaced/refugee kids.
-US kids whose parents have gone away to fight the war in Iraq.

These messages will be sent directly to internally displaced/refugee Iraqi kids and to US kids of military families, respectively.  

To write a personal message of support for either Iraqi or US kids caught in the crossfire of war, please click on or cut and paste the appropriate link into your web browser:

Send a message to US kids: www.youthnoise.com/link/CiC_USkids

Send a message to Iraqi kids: www.youthnoise.com/link/CiC_IraqKids

Thank you in advance for supporting US and Iraqi kids with your messages.

Sincerely,

Eric Rigaud
Marketing Director, YouthNOISE

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LIFESPAN RESPITE CARE ACT 03'
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Kaiser Daily Health Policy Report

HELP Committee Approves Bill That Would Give Funds To Family Caregivers
[Mar 20, 2003]

The Senate Health, Education, Labor and Pensions Committee on March 19 unanimously approved a respite care bill (S 538) to help unpaid individuals who care for elderly family members and others with disabilities or chronic illnesses. Under the bill, paid care workers would provide family members with a respite of a few hours or days per week. The legislation would authorize $90.5 billion for paid respite care workers in FY 2004. In addition, the bill would provide an underdetermined amount of funds in FY 2005 through FY 2008 for grants to states and local governments and organizations to develop respite care information systems, to increase services and to increase the number of trained respite care workers (Rich, CongressDaily, 3/19).

`SEC. 2901. FINDINGS AND PURPOSES.

`(a) FINDINGS- Congress finds that--

`(1) an estimated 26,000,000 individuals in the United States care each year for 1 or more adult family members or friends who are chronically ill, disabled, or terminally ill;

`(2) an estimated 18,000,000 children in the United States have chronic physical, developmental, behavioral, or emotional conditions that demand caregiver monitoring, management, supervision, or treatment beyond that required of children generally;

`(3) nearly 4,000,000 individuals in the United States of all ages who have mental retardation or another developmental disability live with their families;

`(4) almost 25 percent of the Nation's elders experience multiple chronic disabling conditions that make it necessary to rely on others for help in meeting their daily needs;

More findings can be found at:
http://thomas.loc.gov/cgi-bin/query/z?c108:s.538:
(thax M.S.)

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EXERCISE & SPORTS FOR PERSONS WITH DISABI