|
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 ->
======================================================== DAC
Bulletin V3-#91 Tuesday, June 03, 2003
======================================================== 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- ======================================================== 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 ======================================================== ******************************************************** 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.) ******************************************************** 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 ******************************************************** 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- ======================================================== 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 ======================================================== ******************************************************** 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
] ******************************************************** FRAUD
PROTECTION ******************************************************** 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. ******************************************************** WEBSITE
HELPS CONSUMERS RATE
TECHNOLOGY ******************************************************** 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) ******************************************************** DOJ'S
FINDINGS OF DISCRIMINATION AGAINST NURSING
HOME ******************************************************** 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 ******************************************************** WHEELCHAIRS
SHUNNED AND MORE STORIES OF
INTEREST ******************************************************** 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.) ******************************************************** GIFTS
OF DYING MAN RULED
INCOMPLETE ******************************************************** 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)
******************************************************** 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 --------------------------------------------------
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
-------------------------------------------------- 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.
-------------------------------------------------- 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
-------------------------------------------------- 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).
-------------------------------------------------- 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.
-------------------------------------------------- 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
-------------------------------------------------- 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.
-------------------------------------------------- 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.
-------------------------------------------------- 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).
-------------------------------------------------- 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.
-------------------------------------------------- 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
-------------------------------------------------- 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)
******************************************************** EINSTEIN
AND NEWTON SHOWED SIGNS OF
AUTISM ******************************************************** 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.)
******************************************************** NEWS
FROM
BRIDGES4KIDS ******************************************************** 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 ======================================================== ******************************************************** 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)
******************************************************** PUBLIC
FORUM ON ASSISTIVE TECHNOLOGY MOBILITY DEVICES
******************************************************** 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;)
******************************************************** 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.) ++ 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)
******************************************************** NCAHB
UPDATE (HOMEBOUND
RULE) ******************************************************** 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
******************************************************** 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)
******************************************************** 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)
******************************************************** 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)
******************************************************** WHEELCHAIR
TRANSPORTATION
STUDY ******************************************************** 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.)
=============================== 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-#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-
======================================================== 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 ======================================================== ******************************************************** THE
FACES OF BUDGET
CUTS ******************************************************** 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.
******************************************************** ADA
UPDATES FOR
MAY ******************************************************** 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)
******************************************************** 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.)
******************************************************** ARE
ELDERLY BEING DENIED LIFE SAVING
TREATMENT? ******************************************************** 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
******************************************************** 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)
******************************************************** 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
******************************************************** 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
******************************************************** FREE
SCHOLARSHIP
MONEY ******************************************************** Find
free college money and cut your college tuition bill!
College is
expensive, but free scholarship money can save you or your family
thousands. Since 1995, nearly 20 million people have found valuable
scholarship opportunities using our free service. Just complete a short
search profile and instantly receive personalized information on all
scholarships for which you may qualify. It's easy, free and you have
everything to gain! Click here to search.
Good Luck! Click here to
start your search now.
FIND FREE COLLEGE MONEY
GET MORE
INFO
FIND OUT IF I'M ELIGIBLE (thax
M.S.)
******************************************************** BRIDGES4KIDS ******************************************************** 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)
******************************************************** 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-
******************************************************** 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)
******************************************************** 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-
******************************************************** 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)
******************************************************** 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
******************************************************** 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 ======================================================== ******************************************************** SOCIAL
SECURITY ACT - PART
3 ******************************************************** 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-
======================================================== 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)
******************************************************** NEWS
FROM
BRIDGES4KIDS ******************************************************** 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.
******************************************************** 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.)
******************************************************** 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.)
******************************************************** (HBOT)
HYPERBARIC OXYGEN TREATMENT
GRANTS ******************************************************** 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§ion=LOCAL&subs ection=LOCAL&year=2003&month=4&day=10
And:
http://edition.cnn.com/2003/US/West/04/07/california.coma.ap/
******************************************************** DEAF
WORKERS SUE
U.P.S. ******************************************************** 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-
======================================================== 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 ======================================================== ******************************************************** APRIL
IS AUTISM AWARENESS
MONTH ******************************************************** 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.)
******************************************************** 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)
******************************************************** 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-
******************************************************** ACCESSIBLE
APARTMENT FOR
SALE ******************************************************** 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
******************************************************** NEW
LISTSERV IN FAIRFAX,
VA ******************************************************** 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)
******************************************************** NATIONAL
NEWS
LINKS ******************************************************** 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.)
******************************************************** NEED
YOUR
HELP ******************************************************** 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
******************************************************** APRIL
ADA
UPDATES ******************************************************** 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.)
******************************************************** 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)
******************************************************** 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 ======================================================== ******************************************************** 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
******************************************************** MEDICAID
CONFERENCE
CALL ******************************************************** 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
******************************************************** 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)
******************************************************** TEENS
SEND SUPPORT MESSAGES TO IRAQI
YOUTH ******************************************************** 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
******************************************************** LIFESPAN
RESPITE CARE ACT
03' ******************************************************** 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.)
******************************************************** EXERCISE
& SPORTS FOR PERSONS WITH
DISABI |