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Edge-> ======================================================== DAC News V6-#63 Thursday, May 25, 2006 -- No Vote, No Voice! ======================================================== DAC expresses our sincere gratitude for all of our armed forces personnel both past and present who have gave unselfishly of their time and much too often of their live's to protect our freedoms. Please remember all of our military members on this Memorial Day weekend and say "thanks" to those who are serving or who have served us well. Thank you troops......... On our homefront, the Virginia State Senate has relinquished all of their demands to provide a "dedicated" source of funding for transportation to our House of Delegates. Now it's time for our Delegate's to sign a budget that will end this budget impasse and allow our state and local governments to have a budget to operate on. Hopefully this will happen before the Memorial Day holidays but don't hold your breath as our Delegates still seem to be confused about their own agenda(s). Maybe their pens ran out of ink while using their coloring books as they waited for the Senate to give in to them?!?!? If that's the case, I can supply you with pens, so sign the budget and lets get on with business ok? Geez, what a difficult task they have....... A LITTLE HELP FOR OUR FRIENDS PLEASE:) Support NVRC When Searching the Internet Goodsearch.com is a new search engine powered by Yahoo! Every time you use it to search the Internet, you can also raise money for NVRC at the same time. It's easy! 1. Go to http://www.goodsearch.com/ 2. Type in the "I support" box: NVRC 3. Press your enter key. NVRC's full name should pop in the box. 4. Click on "verify" You can search the Internet just as you do with any search engine. The money from advertisers on the search results pages is shared 50/50 with NVRC when we are your designated charity. You can keep track of NVRC's estimated earnings by clicking on "amount raised." The more people who use the site, the more money we'll earn, so please spread the word! NEXT Read from our friends at Bridges4kids their latest newsletter edition here: http://www.bridges4kids.org/ OR sign up to receive their informative newsletters for child advocates...... NEXT Retinal Imaging Machine for Legally Blind http://www.newscientisttech.com/article/dn9213-retinal-projector-helps-the-partially-blind-see.html PERSONALIZED TREATMENT TRIAL FOR BREAST CANCER LAUNCHED http://www.nih.gov/news/pr/may2006/nci-23.htm New Parkinson's Treatment Called 'an Important Addition' FDA has approved Azilect, a new type of drug for treating Parkinson's disease, a degenerative disorder caused by destruction of certain brain cells. The disease often leaves patients unable to initiate and control movement. FDA calls Azilect "an important addition to the physicians' treatment options." About 50,000 Americans are diagnosed yearly with Parkinson's. http://www.fda.gov/bbs/topics/NEWS/2006/NEW01373.html FDA Finalizes Reduced Heart Disease Risk Claim for Barley FDA has finalized a rule that allows foods containing barley to claim they may reduce the risk of heart disease. To carry the claim, a serving of the food must contain at least 0.75 grams of soluble fiber. The claim also must state that the barley product is "part of a diet low in saturated fat and cholesterol." http://www.fda.gov/bbs/topics/NEWS/2006/NEW01375.html Remicade Approved to Treat Children with Crohn's Disease FDA has approved Remicade to treat children with active Crohn's disease, a chronic, inflammatory bowel condition that can be severely debilitating. Though "not a cure," FDA says, Remicade reduces inflammation and provides "a much-needed option for reducing the symptoms and inducing and maintaining disease remission in children." FDA first approved Remicade in 1998 as a Crohn's disease treatment for adults. -- Press release: http://www.fda.gov/bbs/topics/NEWS/2006/NEW01376.html -- More information: http://www.fda.gov/cder/drug/infopage/infliximab/default.htm Report Details Preliminary Findings of B & L Plant Inspection Observations from an FDA inspection of a Bausch & Lomb manufacturing plant "do not necessarily support" a connection between the formulation of the company's ReNu with MoistureLoc contact lens cleaner and Fusarium keratitis infections, the agency says. FDA emphasizes that the findings are preliminary, and an investigation will continue. Bausch & Lomb has permanently removed the product from the marketplace worldwide. -- FDA statement: http://www.fda.gov/bbs/topics/NEWS/2006/NEW01372.html -- Recall notice: http://www.fda.gov/bbs/topics/NEWS/2006/NEW01371.html Generic Version of Ziagen Tentatively Approved for AIDS Relief FDA has tentatively approved abacavir sulfate, a generic version of the approved HIV/AIDS drug Ziagen. The agency's tentative approval means that though existing patents or exclusivity agreements prevent U.S. marketing of the product, the drug meets FDA's standards for quality, safety, and effectiveness. Abacavir sulfate will now be available for use outside the United States under the President's Emergency Plan for AIDS Relief.http://www.fda.gov/bbs/topics/NEWS/2006/NEW01374.html To view an archive of past FDA news releases, go to http://www.fda.gov/opacom/hpnews.html. NEXT VBPD May 2006 Voices & Visions Quarterly Newsletter Good day. Please find attached a link as well as a copy of our quarterly newsletter, Voices & Visions. Past editions have been archived on our site and can be downloaded from http://www.vaboard.org/vbpdnewsletter.htm. Have a great day! Issue: May 2006 Voices and Visions Title: Volume V, Issue 2, May, 2006 Length: 8 Pages Size: 319 Kilobytes May 2006 Voices and Visions - Text Version (Word Format) Karen Lindley Administrative Coordinator, Sr. Virginia Board for People with Disabilities voice: 804-786-1254 fax: 804-786-1118 http://www.vaboard.org/ The Virginia Board's Biennial Assessment of the Disability Services System in Virginia is now available on-line at http://www.vaboard.org/biennial.htm NEXT FEMA Lawsuit ************* New Class Action Lawsuit Filed Against FEMA***************** Six evacuees, on behalf of themselves and others similarly situated, filed suit in U.S. District Court in Houston on Friday, May 19 to stop FEMA from ending rent assistance to some 17,000 families on May 31, 2006. The plaintiffs are seeking a temporary restraining order to force FEMA to extend the deadline to June 30, 2006 for all households to allow time to resolve the numerous problems with FEMA's inconsistent and inequitable administration of its programs. Watson v. FEMA specifically concerns FEMA's attempts to end its Section 403 emergency housing program and transfer evacuees to its Section 408 temporary housing program or cut them off all together. The families represented in the lawsuit were evacuated across the country and have former homes that are not available or inhabitable. FEMA entered into agreements with mayors, governors, and social service agencies to reimburse them for renting apartments for evacuees, many of whom entered into 12 month leases with FEMA's permission. Now FEMA is changing the rules and will no longer pay these rents after May 31. Some evacuees may be eligible for direct rent aid under FEMA's temporary housing program, but eligibility is harder to determine. Moreover, FEMA's application of its policies and procedures are so arbitrary and error-prone that eligible households may be denied aid. Mayor Bill White of Houston, where 9,000 families face eviction, independently negotiated a June 30 deadline with FEMA, which the lawsuit cites as further evidence of the capricious nature of FEMA decision making. The 55,000 households currently housed by the Section 403 program are just a fraction of the hundreds of thousands of families who have no home to return to and who are relying on FEMA for housing aid. Some 740,000 households received the initial $2,358 allocation of three months assistance under FEMA's 408 program, but less than 20% have been certified for continued aid. Meanwhile, FEMA has begun notifying 3,000 displaced families still living in trailers in Mississippi that they are no longer eligible for FEMA aid, even though their homes are still damaged and rents on the Mississippi coast have skyrocketed. To read the press release on the lawsuit, go to: www.nlihc.org/press/051906pr.html NEXT HAVE WOUNDS THAT WON'T HEAL???? If you're having trouble with chronic bed sores or other
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change it.** ++ ========================================================DAC News V6-#62 Saturday, May 20, 2006 -- No Vote, No Voice! ======================================================== I had a thought, which is amazing in and of itself, but this came to me a while back and after reading the next news item below. I thought, why not offer space on DAC newsletters to recognize those who aren't recognized as leading named advocates that work in the shadows? Just because folks are not in the limelight doesn't make their deeds any less important than those who are featured. There will be no major political figures, dignitaries, etc., to shake their hands or grand parties and money to give away. We only offer just a simple letter telling about the person so we can say thax:) Too many times in the past I've witnessed great deeds go untold about a person until after they passed away. I think it's time to let people know our thoughts about them while they are still alive and can appreciate our gratitude for the things they have done. What I'd like to do is have you, or anyone that feels that they've made any kind of meaningful contribution which has made a positive change for persons with disabilities or the elderly, to be recognized in a nationwide forum. If you know of anyone you'd like to commend or have recognized for doing a job well done, please send me a short story with about 850 words or less, listing their name, city/state (optional) and accomplishment(s). Put LETTER OF ACKNOWLEDGMENT in the subject line and I'll post the stories in the order I receive them. This could go out monthly or weekly depending on the amount of letters I receive. Lets allow those unknown hero's to be recognized and tell them that we really do appreciate their work. I look forward to your letters and learning more about our many silent hero's:) Thax......kk- NEXT NCIL Awardees 2006 Dear NCIL Members & Friends: Each year, the National Council on Independent Living (NCIL), works closely with our members to make great strides in advancing the civil rights of people with disabilities. This would not be possible without the hard work and dedication of our advocates who work diligently, day after day, to end the institutional bias. Please join me as we acknowledge these exceptional advocates during the 2006 National Council on Independent Living Annual Awards Luncheon on Tuesday, May 23, 2006, from 12-2 p.m. at the Grand Hyatt Washington Hotel, 1000 H. Street NW in Washington D.C. where the following awards will be presented: Presidents Award: Yoshiko Dart, D.C. National Advocacy Award: Mike Oxford, KS Frank Harkin Memorial Award: Helen Roth, UT Diana Vietz Memorial Award: Stacey Milbern, NC and Erick Pugh, WV plus 10 regional awards for advocates leading the way in promoting independent living. We will be joined by Dr. Mark McClellan, Administrator for the Centers for Medicaid and Medicare Services, who will be the keynote speaker for the event. Please join us! Your participation, including a donation of $75 for admission and for a delicious lunch, will support NCIL in ensuring the rights and independence of people with disabilities are protected for years to come. [Respond TODAY!] See you there, John Lancaster Executive Director, NCIL NEXT Numbers in Drug Plan Contested As Medicare deadline passes, the White House hails a coverage rate of 38 million. But 3 million remain unsigned. By Ricardo Alonso-Zaldivar Times Staff Writer From the Los Angeles Times http://www.latimes.com/news/nationworld/nation/la-na-medicare17may17,0,3411635.story?track=tottext NEXT Interim Mercury Test Results Indicate 1 in 5 Women Has Unsafe Levels On February 8, 2006, interim results of the nation's largest mercury hair sampling project were released by the Environmental Quality Institute (EQI) at the University of North Carolina-Asheville. The report found mercury levels exceeding the EPA's recommended limit in one in five women of childbearing age tested. More than 6,600 people from 50 states of all ages participated in the hair tests conducted by Sierra Club and Greenpeace. Mercury contamination is a particular concern for women of childbearing years (16 to 49 years old) and their small children (under the age of six) because mercury exposure in the womb can cause neurological damage and other health problems in children. Read the entire report issued by EQI at: http://bridges4kidsnewsdigest.c.topica.com/maaeNHzabqzkvbboDaTbafpLKt/ Look at the report's participant results broken down by state at http://bridges4kidsnewsdigest.c.topica.com/maaeNHzabqzkwbboDaTbafpLKt/ Bridges4Kids Extra: Which Fish are Safe to Eat? Take a mercury I.Q. quiz at: http://bridges4kidsnewsdigest.c.topica.com/maaeNHzabqzkxbboDaTbafpLKt/ to find out. Bridges4Kids Featured Website: FinAidFacts.org http://bridges4kidsnewsdigest.c.topica.com/maaeNHzabqzkybboDaTbafpLKt/ Regardless of financial need all college students are eligible for some type of financial assistance. The goal of FinaidFacts.org is to provide a free and accurate financial aid resource for students progressing in their education. NEXT CLOTHING FOR HOT FLASHES If you, or someone you know, is dealing with hot flashes, here is a material you'll definitely want to check out. It was first designed for athletes. But some women going through hot flashes found that clothing made of this material was also great to wear even when they weren't working out. The clothing is designed to pull moisture away from the body and evaporate it quickly, so that you don't wake up in soggy clothes, or have to go change your clothes during the day. To read more about it and find clothing to purchase made of dri-release material, go to... http://www.drireleasestore.com/ NEXT Autistic kids' nurse was fake, indictment read Click here: Ocean County Observer - Autistic kids' nurse was fake, indictment reads http://www.ocobserver.com/apps/pbcs.dll/article?AID=/20060517/NEWS01/605170337&SearchID=7324494973452 AND UK E-Inclusion Charter http://news.bbc.co.uk/2/low/technology/4772139.stm BEHAVIORS MAY INDICATE RISK OF ADOLESCENT DEPRESSION http://www.nih.gov/news/pr/may2006/nida-15.htm New Type of Therapy Approved to Help Stop Smoking FDA has approved Chantix, an oral drug that can help people quit smoking by acting on sites in the brain affected by nicotine. The drug provides some nicotine effects to help ease withdrawal, and it blocks nicotine effects if smoking is resumed. http://www.fda.gov/bbs/topics/NEWS/2006/NEW01370.html RESEARCHERS FIND THAT TUMOR STEM CELLS ARE GOOD MODELS FOR BRAIN TUMOR RESEARCH http://www.nih.gov/news/pr/may2006/nci-15.htm POLYCYSTIC KIDNEY DISEASE: MRI PROVIDES AN EARLY ALERT TO PROGRESSION http://www.nih.gov/news/pr/may2006/niddk-17.htm Text to Speech App for Palm OS Posted By: Ryan on Thursday, May 18, 2006 3:12:31 PM SayIt v1.0 is a new Text To Speech (TTS) application for Palm OS 5.1 and higher devices from Toysoft. SayIt is the first global TTS application for the Palm OS that works with most applications with text editing capabilities. SayIt (http://software.palminfocenter.com/product.asp?id=5995) will speak selected text in plain English using a synthesized computer voice. The user interface allows you to follow the text as SayIt speaks the words, you can Stop and Start the speech and adjust the volume control. It also has customized features to work with the following applications: MemoPad, TreoMail, VersaMail, SnapperMail, ChatterMail, Messaging and SMS (on the Treo), Docs To Go and the Blazer web browser. The program includes a 7-day trial and costs $14.95 to register. (Currently on sale for $9.95 USD.) Gov. Doyle: Signs Legislation to Expand Family Care Statewide http://www.wispolitics.com/index.iml?Article=61838 A Matter of Urgency Ensure your place at the 2nd World Congress on Autism from 30th October to 2nd November 2006. The glorious weather, scenic landscapes and a favourable exchange rate, makes Cape Town one of the top 5 tourist destinations in the world. Please be aware that flights to and hotel accommodation in, Cape Town are already significantly booked well into 2007. To avoid the real chance of not being able to secure flights or accommodation, we urgently appeal to you to register for the congress (www.autismcongress.com) and book all arrangements as a matter of urgency. As a reminder, Early Bird Registration closes 30th June. Much more news so read, enjoy and comment if you wish:) Keith- ======================================================== 1. PILOT MILITARY PROGRAM ON ACCESSIBLE GOLF CAR 2. EDUCATION OF CHILDREN W/DISABILITIES, 30yrs L8TR - PH, VCA's & HUD 3. ELIMINATE THE ASSET TEST FOR MEDICARE 4. STAND-ALONE DRUG PLANS COMPARED TO MEDICARE AD-PLANS 5. RESOURCES, PROGRAMS & EVENTS ======================================================== ******************************************************** PILOT MILITARY PROGRAM ON ACCESSIBLE GOLF CAR ******************************************************** Pilot Military program on accessible golf car You might wish to write your congressman. Golf is a great sport of inclusion for those who choose it. On May 10th, the House of Representatives began consideration of H.R. 5122, to authorize fiscal 2007 appropriations for military activities of the Department of Defense and to prescribe military personnel strengths for fiscal 2007. During consideration, the following was adopted: The Hunter amendment to add a section requiring the secretary of defense to submit a report on means to improve retention of members of the special operations forces; strike and replace section 662, requiring the secretary of defense to conduct a pilot project for disabled persons accessible golf carts at military golf courses.......... SEC. 662. PILOT PROJECT FOR PROVISION OF GOLF CARTS ACCESSIBLE FOR DISABLED PERSONS AT MILITARY GOLF COURSES. (a) Pilot Project Required- The Secretary of Defense shall conduct a pilot project at a significant number of military golf courses, to be selected by the Secretary, for the purpose of developing-- (1) an implementation strategy to make available, as soon as practicable at all military golf courses in the United States, an adequate supply of golf carts that are accessible for disabled persons authorized to use such courses; and (2) a Department-wide campaign to increase the awareness among such disabled persons of the availability of accessible golf carts and to promote the use of military golf courses by such disabled persons. (b) Required Number of Accessible Golf Carts- The Secretary shall provide at least two accessible golf carts at each pilot project location. (c) Pilot Project Locations- The military golf courses selected to participate in the pilot project shall be geographically dispersed, except that at least one of the military golf courses shall be in the Washington metropolitan area. The Secretary may not select a military golf course to participate in the pilot project if that military golf course already has golf carts that are accessible for disabled persons. (d) Department of Defense Health Care Awareness- Military medical treatment facilities shall provide information to patients about the pilot project and the availability of accessible golf carts at military golf courses participating in the pilot project and at other military golf courses that already provide accessible golf carts. (e) Duration- The Secretary shall conduct the pilot project for a minimum of one year. (f) Report Required- Not later than 180 days after the conclusion of the pilot project, the Secretary shall submit a report to Congress containing the results of the project and the recommendations of the Secretary regarding how to make an adequate supply of accessible golf carts available at all military golf courses in the United States. ******************************************************** EDUCATION OF CHILDREN W/DISABILITIES, 30yrs LATER - PH, VCA's & HUD ******************************************************** Education of Children with Disabilities - 30 Years Later. Information Bulletin, #110 (5/06). A recent NY Times story reported the pervasive current discrimination against people who are Roma (aka Gypsies). One point that hit home was that the discrimination against their children was so great that all the authorities placed Roma's nondisabled children in segregated educational programs b with "disabled" children who were not Roma. Both groups were segregated together at the bottom of the barrel. This moved us to revisit how are we doing in the US educational systems. How many children with disabilities are integrated in their school systems and educational programs? It has been 30 years since the Individuals with Education Act was enacted with its promised "integration" mandate. Here is some USOE national data; we use the USOE categories. The term"outside regular class" is euphemistically USOE's classification. (It does not include children in "separate facilities" but I have for clarity.) Children with disabilities are segregated if they spend more than 21% of the time "outside regular classes," apart from nondisabled children. Children with disabilities are integrated if they spend at least 80% of the time "in regular classes" with nondisabled children. Given that distinction: For children ages 6-11 (2.7 million) with all disabilities, 58% are "in regular classes" more than 80% of the time, and 42% are "outside regular class" 21% or more of the time. As they become older, ages 12-17 (2.8 million), only 40% are in regular class more than 80% of the time and 60% are outside regular classes for 21% or more of the time. Breaking this down by disability and age, there is a wide variation in who is integrated and who is segregated. For example, those children ages 6-11 integrated "in regular classes" 80% or more of the time by disability are: 48% with specific learning disabilities, 14% with mental retardation, 51 % with orthopedic impairments, 30% with emotional disturbance. The rest of the children are segregated "outside regular" classes 21% or more of the time, i.e., 52% with specific learning disabilities, 86% with mental retardation, 49% with orthopedic impairments and 70% with emotional disturbance. As they age to 12-17, those children with disabilities who are integrated "in regular classes" 80% or more of the time decreases: 46% with specific learning disabilities, 11% with mental retardation, 43 % with orthopedic impairments, 28 % with emotional disturbance. The rest of the children are segregated "outside regular classes" 21% or more of the time, i.e., 54% with specific learning disabilities, 89% with mental retardation, 57% with orthopedic impairments, and 72% with emotional disturbance. If the future will not repeat the past, the disability community will have to do a lot better than we're doing with children who are disabled. You can find out how your State is doing generally and by disability at http://www.ed.gov/about/reports/annual/osep/2003/25th-vol-1-sec-2.pdf Steve Gold, The Disability Odyssey continues ----------------- Accessible Public Housing Units, VCAs and HUD. Information Bulletin # 111 (5/06) Since 2000, HUD has inspected many local housing authorities for accessibility compliance with Section 504 of the Rehabilitation Act. In many of these, HUD found violations, sent Letters of Findings, and then entered "Voluntary Compliance Agreements" (VCAs) in which the local housing authorities agreed to make specific numbers of housing units accessible by specific dates. What follows is the list of H As that have entered VCAs with HUD. Disability advocates in the listed locales should obtain a copy of both the Letters of Findings and the VCA (either from your HA or the regional HUD office under which the VCA was entered). You should check whether or not the HA has complied with the VCA. If the VCA required a specific number of units, ask your HA for the addresses so you could visually determine if they really were made accessible and if persons who require the accessible units are actually residing in them. In order to locate accessible, affordable public housing, local disability advocates must ensure full compliance with the VCA. If your local HA is not listed, you should telephone your regional HUD Office, ask for the Fair Housing official, and find out whether or not a Section 504 compliance review occurred recently? If you believe your HA is not compliance with the "5%-2%" accessibility requirement, ask your regional HUD to undertake such a review. They are supposed to make "a prompt investigation whenever a complaint or any other information indicates a possible failure to comply" with Section 504. Here are the local Housing Authorities which entere VCAs with HUD since 2000: New England - Boston HUD Region I : The Worcester Housing Authority Lynn Housing Authority The Farmingham Housing Authority Middletown Housing Authority North Providence Housing Authority The Northampton Housing Authority The Wayland Housing Authority Brunswick Housing Authority The Manchester Housing & Redevelopment Authority Coventry Housing Authority East Hartford Estates Cumberland Housing Authority Waterville Housing Authority The Waltham Housing Authority West Haven Housing Authority East Providence Housing Authority The Boston Housing Authority Milhaus Associates New York/New Jersey - New York HUD Region 2 The Lackawanna Municipal Housing Authority the City of Syracuse Community Development The Utica Municipal Housing Authority The Batavia Housing Authority The Edgewater Housing Authority The Pennsauken Housing Authority Housing Authority of the City of New Brunswick Red Bank Housing Authority Montclair Housing Authority Housing Authority of the Township of Woodbridge Housing Authority of the City of Bridgeton Highland Park Housing Authority Long Beach Housing Authority Associated Blind Development Corp. Port Chester Housing Authority Greenpoint Apartments The Glen Falls Housing Authority Mid-Atlantic - Philadelphia HUD Region 3 The District of Columbia Housing Authority Lehigh County Housing Authority Charleston Housing Authority Housing Authority of the City of Erie, PA Housing Authority of Wicomico County Bishop's Garth Apartments Newark Housing Authority Harry & Jeanette Weinber Terrace Apartments Housing Authority of Armstrong County Southeast- Atlanta HUD Region 4 We were told that there were "No finalized VCAs." Disability advocates in this region should telephone their regional HUD office and ask for the Fair Housing Enforcement Office to find out when their VCAs will be finalized. Midwest - Chicago HUD Region 5 Kankakee County Housing Authority Hamtramck Housing Authority DuPage Housing Authority Illinois Housing Development Authority Illinois Housing Auth/Morningside Court O'Konski Manor Southwest - Fort Worth HUD Region 6 Lonoke County Housing Authority Houma Housing Authority Santa Fe Civic Housing authority Mountain View Apartments Fort Smith Housing Authority The City of Las Cruces Housing Authority East Baton Rouge Housing Authority Hot Springs Public Housing Authority Oak Forest Heights Apartments Housing Authority of the City of Lubbock Coastal Haven Apartments Christopher Homes of North Little Rock Albuquerque Housing Services Housing Authority of the City of Tulsa Great Plains - Kansas City HUD Region 7 We were told that there are "No open VCAs." We do not understand what this means and disability advocates in this region should meet with your HUD regional director. It's hard to imagine that all of the HA s have fully complied with the "5% -2%" requirements. " If advocates in this region know that their HA s have not complied with the "5%-2%" accessibility rule, you should telephone your regional HUD office and ask for the Fair Housing Enforcement Office to find out why no VCAs were entered. Were Section 504 Compliance reviews even done? Rocky Mountains - Denver Region 8 Housing Authority of the County of Salt Lake Sakura Square Apartments Dignity Apartments Sunset Park Apartments Pacific/Hawaii - San Francisco Region 9 City of Richmond's Housing Authority County of Sacramento Housing Authority City of Vacaville Housing Authority of the City of Los Angeles Housing Authority of the City of Calexico City of Lakewood Housing Authority of the County of San Mateo Northwest/Alaska - Seattle Region 10 The City of Beaverton Eastern Idaho Special Services Agency The City of Eugene The Housing Authority of Portland The Housing Authority of the City of Nampa Parkside Partners and Allie Group Housing Authority of the City of Salem Southwestern Idaho Cooperative Housing Auth. City of Springfield The Washington County Dept. of Housing Svcs. Headquarters District of Columbia Housing Authority The Puerto Rico Public Housing Authority Las Vegas Housing Authority Miami-Dade Housing Authority 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 divided into different subjects. To contact Steve Gold directly, write to stevegoldada@cs.com -- Steve Gold, The Disability Odyssey continues Back issues of other Information Bulletins are available online at http://www.stevegoldada.com ******************************************************** ELIMINATE THE ASSET TEST FOR MEDICARE ******************************************************** Asclepios Your Weekly Medicare Consumer Advocacy Update Eliminate the Asset Test May 18, 2006 • Volume 6, Issue 20 When the Bush administration shut down enrollment in the Part D drug benefit this week, officials estimated that there are some three million low-income people with Medicare who qualify for the Extra Help program but are not enrolled and have not signed up for a drug plan. There are likely many, many more. By one estimate, the Social Security Administration enrolled only 1.7 million of an estimated 7.2 million people eligible for the program—less than 25 percent. The administration’s credibility when it comes to numbers is low. Whether we are talking three million or six million people, the job at hand is to provide prescription drug coverage to these impoverished Americans. But there has already been an extensive education and outreach campaign for Part D and the Extra Help program by the Social Security Administration, the Centers for Medicare & Medicaid Services and consumer advocates around the country, not to mention all the hype funded by drug manufacturers and insurance companies, the real beneficiaries of Part D. Something needs to change to bring medications to those who need them. The solution is straightforward: Eliminate the asset test for the Extra Help program and automatically enroll people based on income data that the Internal Revenue Service and other federal agencies already have. It’s fair and it will work. The asset test penalizes working class Americans who scrimped and saved to have a little security in their old age. It requires people to cash out life insurance policies or draw down hard-earned savings to pay for medicine: medicine that is not covered by the plan during the gap or “doughnut hole” in coverage, medicine that remains unaffordable because Medicare is prohibited from negotiating lower prices. Automatic enrollment will work where millions of dollars of mailings and advertisements have failed. That’s why Congress, in the very same law that enacted the Part D drug benefit, outlined an automatic way to charge higher Part B premiums to upper-income people with Medicare. Starting next year, based on IRS data, the Bush administration will automatically impose a surcharge on the Part B premium for anyone making more than $80,000. That same data can be used to qualify automatically every person earning less than 150 percent of the federal poverty level ($11,500 for an individual, $23,000 for a couple) for the Extra Help program. This will work neatly, once Congress eliminates the asset test. Write your senator and representative and demand elimination of the asset test for Extra Help and automatic enrollment of all qualified Americans. http://www.medicarerights.org/action/ (thax medicarewatch) ******************************************************** STAND-ALONE DRUG PLANS COMPARED TO MEDICARE AD-PLANS ******************************************************** BRIEF COMPARES MEDICARE STAND-ALONE DRUG PLANS WITH MEDICARE ADVANTAGE PLANS When Congress created the Medicare drug benefit in 2003, it also sought to generate more private plan options for senior and disabled beneficiaries in Medicare, with increased payments to attract sponsors and to support added benefits attractive to enrollees, especially in rural and other areas that previously had few such plans. The effects of these changes and additional payments are particularly visible this year, with a total of 1,314 Medicare Advantage plans and 1,429 stand-alone prescription drug plans being offered. Beneficiaries in most states have a choice of at least 40 stand-alone drug plans, and, in some areas, also have a choice of dozens of Medicare Advantage options. A new analysis by Marsha Gold of Mathematica Policy Research, prepared for the Kaiser Family Foundation, provides a comprehensive look at premiums, deductibles and selected cost-sharing features of Medicare Advantage prescription drug plans in 2006, including Medicare HMOs, new regional (and traditional local) PPOs, and private fee-for-service plans, and compares them to stand-alone Medicare drug plans. The new analysis, Premiums and Cost-Sharing Features in Medicare's New Prescription Drug Program, 2006, finds that Medicare Advantage plans on average charge less for their drug coverage ($18 per month) than stand-alone drug plans ($37 per month). The analysis is available online at: http://www.kff.org/medicare/7517.cfm The growth in private plan options reflects a policy choice to pay private plans more to encourage more options for Medicare beneficiaries. Because Medicare now pays more for beneficiaries who enroll in private plans than it does for beneficiaries who enroll in traditional, government-run Medicare, increases in private-plan enrollment cost the government money. This reflects a significant departure from previous policy that sought to promote managed care without increasing total Medicare outlays or even to generate some savings. Currently about one in seven Medicare beneficiaries is enrolled in a Medicare Advantage plan, but the Medicare trustees project indicated that enrollment will more than double over the next decade under current payment policies. (thax S.W.) ******************************************************** RESOURCES, PROGRAMS & EVENTS ******************************************************** RESOURCES, PROGRAMS and EVENTS On April 11, 2006 The National Clearinghouse on Disability and Exchange was invited along with several young people with disabilities in the U.S. to share what having an international experience can mean for a young person with a disability. Listen to what Youth Said about their International Experiences. http://nyln.org/metadot/index.pl?id=3845&isa=Category&op=show Want another option for growth and learning before heading straight to college or work after high school? Consider an international exchange called the "gap year," which you can read more about in the March/April 2006 issue of Transitions Abroad magazine. http://www.transitionsabroad.com/publications/magazine/0603/the_gap_year_adv antage.shtml Read about Future Leaders Exchange Program (FLEX) students with disabilities that spent this year studying at high schools in the United States -- their stories and news from other FLEX alumni is included in this online newsletter. http://www.miusa.org/exchange/media/2006FLEX%20Newsletter%20rev.pdf Read our new online versions of the A World Awaits You journal full of firsthand accounts by people with disabilities from predominantly Muslim countries who participated in exchanges to the United States and Americans with disabilities who have traveled in Islamic countries. http://www.miusa.org/ncde/away/index_html Looking for some overseas outdoor learning adventures this summer, but want groups that are specifically tailored to your disability needs? These programs may be of interest to you: Arthur Frommer’s Budget Travel Online, www.frommers.com/trip_ideas/disabled/ (see the first article listed). Lists tour companies bringing wheelchair users to South Africa, New Zealand, Nepal and other places. Global Explorers, 2726 Pasquinel Drive, Fort Collins, CO, 80526, 888-359-3801, fax 719-623-0442, info@globalexplorers.org, www.globalexplorers.org. Coordinates teacher and student groups at the middle and high school level to travel on short-term workshops to learn about and volunteer in the Arctic regions of Canada, Costa Rica, Mexico, Peru and Tanzania. Through its Leading the Way program, groups of people with and without visual impairments travel to Peru. Global Deaf Connection, 2901 - 38th Ave. South, Minneapolis, MN 55406; tel/tty 612- 724-8565, fax 612-729-3839; travel@deafconnection.org, www.deafconnection.org. Organizes deaf education teachers and community members go on short-term summer programs to volunteer at the schools for deaf children in Kenya, Jamaica or the Democratic Republic of Congo. HSA International, 1104 El Prado; San Clemente, CA 92672; 949-498-4540, fax 949-498-6128; hsa@hsascuba.com, www.hsascuba.com. Information on accessible scuba diving trips worldwide and where people with disabilities can learn to dive. IDEA 2000 Team, c/o David Panofsky, Outreach Coordinator, 448 Jean St., Madison, WI 53703, (608) 256-0590, smithpanof@globaldialog.com, www.idea2000.org. Organizes groups of people with diabetes around the world for mountaineering trips and to raise awareness of diabetes worldwide. New Directions, 5276 Hollister Ave., Suite 207, Santa Barbara, CA 93111; 888-967-2841 or 805-967-2841, fax 805-964-7344; info@newdirectionstravel.com, www.newdirectionstravel.com. Coordinates international travel programs each year for people with cognitive disabilities. The emphasis is on enriching educational travel opportunities to expand experiential learning and enhance the self-esteem of every traveler. Each program includes personal attention and service. Success Oriented Achievement Realized (SOAR), PO Box 388, Balsam, NC 28707, 828-456-3435, fax 828-456-3449, www.soarnc.org. Serves youth with learning disabilities or attention deficit/hyperactivity disorder who want to build life skills through adventure opportunities in the United States and Latin America. Wilderness Inquiry, 808 14th Ave. SE, Minneapolis, MN 55414, 800-728-0719 or 612-676-9400, TTY 612-676-9475, fax 612-676-9401, info@wildernessinquiry.org, www.wildernessinquiry.org. Organizes a wide variety of canoe, sea kayak, dogsled, rafting, horse pack and hiking trips in Africa, North America, Oceania and other regions of the world. All trips include people with and without disabilities working together to make the outdoor adventures open to everyone. (thax NCDE) =============================== 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 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 V6-#61 Saturday, May 13, 2006 -- No Vote, No Voice! ======================================================== Well, still no budget in Virginia. I suppose our legislators want to make sure their new record of a "no budget compromise" stands longer than anyone else's by taking it to June 30th. I'm just wondering if they would strike that long on their regular jobs? Life still goes on in the real world so let me give you some good news to digest:) Anyone ever heard of this? The Journey Of Hope one of the largest fraternal fund-raising events of its kind, plans to cover 32 different states, cycling over 12,000 miles combined, to raise money and spread a message of acceptance and understanding for people with disabilities. The riders are solely comprised of members of Pi Kappa Phi. The 2006 Journey of Hope North and South teams will depart for Napa and their first day of cycling on Sunday, June 11th at 9:00 am. Following a Kick-Off breakfast, the team will be departing from Fort Point to cross the Golden Gate Bridge and begin their summer. Read more about the event here: https://secure.pushamerica.org/events/joh/ NEXT INFORMATION & RESOURCES Read Maggie Roffee's report for May here: Special Alerts and Information or: http://members.aol.com/dac4va/information.htm NEXT First Treatment Approved for Rare Respiratory Disease FDA has approved Myozyme, the first treatment for Pompe disease, a rare disorder that can cause death from respiratory failure in newborns and very young children. Myozyme was approved as an "orphan" product, a special designation for treatments that affect fewer than 200,000 patients in the United States in a year. http://www.fda.gov/bbs/topics/NEWS/2006/NEW01365.html NEXT National Sibling Consortium SURVEY We know surprisingly little about the relationship between individuals with disabilities and their adult siblings. To better understand this long-lasting relationship, the National Sibling Consortium and the Vanderbilt Kennedy Center for Research on Human Development has created the “Adult Sibling Questionnaire” for anyone age 18 or over with a sister or brother with disabilities. The Adult Sibling Questionnaire has questions in the following general areas: You Your Sibling with Disabilities Your Family Joint Activities and Involvement Support Needs of Brother/Sister Your Health and Well-Being Reflections on Your Relationship with your Brother/Sister The questionnaire should take 20-25 minutes to complete, all answers are anonymous, and participation is voluntary. A summary of the results of the questionnaire will be provided to those who request it. In addition, the findings will be presented at The Arc National Convention, October 12-14, 2006 in San Diego, and in The Arc’s newsletter, InSight, and other publications and scientific journals. If you are 18 years of age or older and have a brother or sister with disabilities, please participate! The online version of the questionnaire is at: https://kc.vanderbilt.edu/FamilyResearch Paper copies are also available. Call or email your contact information (Name, Address, City, State, Zip) to: Family Research phone: 1.888.322.5339 [free] or email: FamilyResearch@vanderbilt.edu HEY Read from our friends at Bridges4kids their latest newsletter edition here: http://www.bridges4kids.org/newsdigest/4-30-06.html Much good news for parents and advocates nationwide:) Independencebound May Newsletter Walking the Path, Becoming “Remarkably Able” Identifying gifts, interests, and talents in individuals with ASD and others who are differently ABLED. Free Online Newsletter by Jackie Marquette www.independencebound.com AND Eastern State Hospital officials insult Mothers on Mothers' Day http://lburgareava.blogspot.com/2006/05/officials-at-eastern-state-hospital.html So much for trying to do the right thing.......hmmmmm....kk- WATCH THIS >%-) This Sunday, we're on 60 Minutes! This Sunday at 7 p.m. ET/PT, SEIU president Andy Stern will be profiled on CBS' 60 Minutes. Andy Stern is the man who first conceived of the SinceSlicedBread contest and made it a reality. Stern speaks at length about the crisis facing working people and how SEIU members are renewing hope through action by supporting pro-worker elected officials, building partnerships with responsible employers, creating global union alliances, and sparking changes in the labor movement. Tune in to see Andy, SEIU childcare and other members, and to watch for SinceSlicedBread (60 Minutes' camera crew was at our winner announcement ceremony on February 1st!). Find out what channel to watch in your area: http://www.facts-online.org/ct/37_2SQM1WqIk/ Best, Terrance Health, SinceSlicedBread.com NEXT Open Letter to Galluadet University http://www.nad.org/GallaudetOpenLetter4 FAST FACT Familiar names rank among the top Part D prescription drug plans: UnitedHealth plans, which market under the AARP brand, account for nearly 3.8 million enrollees, or 27 percent of the 13.9 million people with Medicare enrolled in a stand-alone Part D plan; Humana has enrolled 2.4 million people, or 18 percent of enrollees; and WellPoint has just over 1 million, or 7 percent of enrollees (“UnitedHealth Claims Biggest Piece of Medicare Drug Pie,” CQ HealthBeat News, April 28, 2006). [Ehhhh, no wonder they're trying to rush Part D through.....its all about the money folks....like we didn't already know it.....kk..] FINALLY NEXT HUD Chief Lambasted for Talk of Contracts, Loyalty http://www.npr.org/templates/story/story.php?storyId=5399291 Ehhhh, paybacks are heck huh? Perhaps Jackson will be on the street soon seeing what it's like not to have a voucher for housing?!?!? ..... just my thoughts....kk- Congratulations As a result of the ADAPT's numerous April HUD actions -- including to name only a few, the Wanted Poster campaign, the meetings with Regional HUD offices, the mass flyering at Housing Authorities throughout the country -- Secretary Alfphonso Jackson confirmed that he will meet with ADAPT representatives on Monday, May 15. "Thanks to one and all for their actions across the USA. The people united... Free Our People." Steve Gold, The Disability Odyssey continues Much more news so read, enjoy and comment if you wish:) Keith- ======================================================== 1. HUD, ONE VCA & HA - MONEY FOLLOWS THE PERSON, ONE STATES DATA 2. 50 MILLION AMERICANS REPORT SOME LEVEL OF DISABILITY 3. THE ABC's OF MEDICARE RX DRUG PLANS 4. ADA WORKSHOPS - UD & VISITABILITY CONF. JULY 13-14 5. SPECIAL EDUCATION TEACHERS LOAN FORGIVENESS INCENTIVE 6. LATINO EMPLOYMENT CONFERENCE ======================================================== ******************************************************** HUD, ONE VCA & HA - MONEY FOLLOWS THE PERSON, ONE STATES DATA ******************************************************** HUD, One VCA and Your Housing Authorities. Information Bulletin, # 108 (5/06) On May 1, 2006, HUD entered a Voluntary Compliance Agreement (VCA) with one Housing Authority (HA), where HUD spelled out requirements that could be applicable in your cities and with your HA. Check them out. 1. This HA, like others, had entered "mixed finance" arrangements and contracts with "Private Owners and/or Private Management Agents" (POMAs), where the HA relinquished management of the public housing units to the private entities. HUD reiterated that the POMAs act on behalf of the HA, and the HA is "responsible for ongoing oversight of all POMA activities to ensure compliance with b& Section 504, Title II of the ADA and the Fair Housing Act." The HA is "liable for the failure of any POMA to complyb&." 2. HUD stated that the HA's "occupancy and transfer policy" must reflect, for residents and applicants with mobility disabilities, that these people be given priority to reside in UFAS-Accessible Units and that this policy applies to the POMAs' UFAS-Accessible Units, also. The occupancy and transfer policy includes requiring tenants, without disabilities who are reside in a UFAS-Accessible Unit, "to relocate to a vacant, non-accessible unit at the HA or POMA's expense" if an "eligible applicant or existing resident with a mobility disability requires the accessible features of the unit." 3. HUD required an "Occupancy Audit" by both the HA and POMA to "determine the current occupancy" for residents with and without mobility disabilities who currently occupy the UFAS-accessible unit. For each HA and POMA UFAS-accessible unit, they must establish "the disability status and need for accessible features of the unit." There must be a "copy of each resident's documentation that supports the need for the UFAS-Accessible Unit." 4. The HA must have a Marketing & Outreach Plan to: "conduct outreach to advocacy groups representing persons with disabilities and coordinate and conduct monthly outreach meetings with advocacy groups, develop marketing and informational features, brochures, public service announcements, videos and newsletter articles regarding affordable housing opportunities for persons with disabilities, b& and conduct outreach to private landlords with accessible units and/or management groups or agents representing private landlords in order to encourage participation in the Section8/Housing Choice Voucher Program. " 5. In order to remedy the ongoing delay in constructing the required number of UFAS units, there were additional units added beyond the 5% minimum. Also, a number of current applicants and residents, for whom the HA had delayed in providing UFAS-accessible units, HUD required that "interim housing options" be offered these people, including (among others): A. offering, any vacant UFAS accessibility unit anywhere in HA's program; B. an existing new construction unit "with some accessibility features in a mixed-finance development" to be modified to meet the accessibility-related needs of the person; C. a Housing Choice tenant-based Voucher and assistance in locating an appropriate private rental unit, "including negotiations with the private landlord for accessibility modifications and exception rent, if necessary, to facilities the installation of accessibility modifications; and D. "Super-preference" to any vacant public housing unit "that would be modified to meet the needs of the applicant/ resident," i.e., jumping over nondisabled persons who are higher on the HA waiting list. 6. The HA and POMA must maintain a "computerized database of Accessible Section 8 Units that provides information on the available, accessible units. The list will indicate whether the unit complies with UFAS or whether the unit has some accessibility features. The list will include the unit address, bedroom size, description of accessibility features, and landlord's contact information." What Disability Advocates Should Do: a. Review what your HA is currently doing with regard to these six points. b. Talk to your local Housing Authority"s Executive Director about whether or not they currently do what HUD has required in the above VCA. If not, explain to them why these changes are important for persons with disabilities. c. Find out the status of the UFAS Accessible Units in your Housing Authority - how many are there, is there a need for more, what are the current plans for more, who is living in them, are there nondisabled persons in them and are there disabled applicants or residents who could reside in them? d. Set up ongoing regular meetings with your Executive Director to discuss accessibility of Vouchers and Housing Units. Steve Gold, The Disability Odyssey continues =========== Money Follows the Person - One State's Data, Info. Bulletin #109 (5/06) Texas' Money Follows the Person has operated since September, 2003. Here is the data for the past nearly two and a half years. Since it began in Texas, 10,711 people have opted to leave the nursing facilities, have the institutional MA funds follow them, and move into the community. Who are these 10,771people and where did they move? 1. Who are they? Nearly 7.5% are over 90 years of age, and 10 were over 100 years old. About 38% were under 65 years old, and 11% were under 44 years. Another 19% were between 65 and 74. 65% were female and 64% were white (not of Hispanic origin). 2. What were their living arrangements when they left the nursing facilities? Nearly all received Medicaid Waiver services. 22% live alone, 47% live with family, and 2% live with other persons who are in a waiver program. Most of the remaining 29% live primarily in Residential Care or Adult Foster. It seems quite reasonable to conclude for at least the 69% who live either alone or with their families that Texas and the federal government's Medicaid Programs save significant amounts of money. One estimate is that Texas saves between 20 and 35% of what it previously spent for these people in nursing facilities. Texas's Money Follows the Person has never had an enhanced federal which will now be available with the new federal Money Follows the Person MA legislation. Disability Advocates: 1. Your States can begin a Money Follows the Person program NOW - like Texas did, or 2. It is estimated that in late August the federal RFP will be available for the enhanced federal match. 3. Either way, there is NO EXCUSE for States NOT to start a Money Follows the Person program. If your State's MA officials wish to learn more about the Texas success, they can email Mark Gold (not a relative), Manager, Promoting Independence Initiative, TX Dept of Aging and Disability Services, www.dads.state.tx.us/business/pi/index.html or 512-438-2260. 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 divided into different subjects. To contact Steve Gold directly, write to stevegoldada@cs.com ******************************************************** 50 MILLION AMERICANS REPORT SOME LEVEL OF DISABILITY ******************************************************** More Than 50 Million Americans Report Some Level of Disability About 18 percent of Americans in 2002 said they had a disability, and 12 percent had a severe disability, according to a report released today by the U.S. Census Bureau. Among people with disabilities, more than half of those 21 to 64 years old had a job, more than 4-in-10 of those ages 15 to 64 used a computer at home and a quarter of those age 25 to 64 had a college degree. “The demographic snapshots contained in this report help planners and decision-makers assess the needs of this important segment of our population,” said Census Bureau Director Louis Kincannon. Americans with Disabilities: 2002 http://www.census.gov/prod/2006pubs/p70-107.pdf [PDF] was compiled from the Survey of Income and Program Participation. Approximately 51.2 million people said they had a disability; for 32.5 million of them, the disability was severe. About 56 percent of people ages 21 to 64 who had a disability were employed at some point in the one-year period prior to the interview. People with a severe disability status reported the lowest employment rate (42 percent). This compared with the employment rates of people with a nonsevere disability (82 percent) and those with no reported disability (88 percent). Similarly, 32 percent of people ages 25 to 64 with a nonsevere disability and 22 percent with a severe disability were college graduates. The corresponding rate for those without a disability was 43 percent. Among other findings, people with a severe disability had an increased likelihood of having Medicare or Medicaid coverage, living below the poverty level, reporting their health status to be “fair or poor,” receiving public assistance and having a household income below $20,000. For instance, the poverty rate for people 25 to 64 with no disability was 8 percent, compared with 11 percent for those with a nonsevere disability and 26 percent for people with a severe disability. The report defines a person as having a disability if they have difficulty performing a specific activity such as seeing, hearing, bathing or doing light housework, or had a specified condition, such as Alzheimer’s disease or autism. (See attachment. [PDF]) http://www.census.gov/Press-Release/www/2006/cb06-71_attachment.pdf People are considered to have a severe disability if they are completely unable to perform one or more of these tasks or activities, need personal assistance or have one of the severe conditions described in the report. Other highlights: Four million children ages 6 to 14, or 11 percent, had a disability. The chances of having a disability rise with age: 72 percent of people age 80 and older had disabilities. Approximately 11 million people ages 6 and older, or 4 percent, needed personal assistance with an everyday activity. Among the population age 15 and older, 2.7 million used a wheelchair and 9.1 million an ambulatory aid such as a cane, crutches or a walker. About 7.9 million people age 15 and older had difficulty seeing the words and letters in ordinary newspaper print, including 1.8 million who were unable to see. There were 7.8 million people age 15 and older who had difficulty hearing a normal conversation, including 1 million unable to hear. About 14.3 million people age 15 and older had limitations in cognitive functioning or a mental or emotional illness that interfered with their daily activities, such as Alzheimer’s disease, depression or mental retardation. This group comprised 6 percent of the population. Among adults ages 16 to 64, 11.8 million or 6 percent reported the presence of a condition that makes it difficult to remain employed or find a job. Median earnings for people with no disability were $25,000, compared with $22,000 for people with a nonsevere disability and $12,800 for those with a severe disability. Of those ages 15 to 64, 36 percent with a severe disability used a computer and 29 percent used the Internet at home. -X- These data were collected from June through September 2002 in the Survey of Income and Program Participation. As in all surveys, these data are subject to sampling variability and other sources of error. (thax S.W.) ******************************************************** THE ABC's OF MEDICARE RX DRUG PLANS ******************************************************** Topic of the Month: The ABC's of Medicare Prescription Drug Plans—Explaining Enrollment and Coverage Periods Marci's Mailbox * * * * * * * * * * * * Dear Marci, Before signing up for the new Medicare prescription drug benefit, Medicare Part B was paying for the injectable medicines my doctor was giving me. Now that I signed up for Part D, I thought that all of my drugs would be covered under my new plan and was surprised to see that these expenses weren't included on my plan’s bill last month. Do I have to pay for them myself now? –Gregory (Springfield, MA) Dear Gregory, No. You will not have to pay the full cost of those drugs yourself. Medicare Part B will continue to pay for them. There is some confusion now that the new outpatient drug benefit has begun because Medicare provides different types of drug coverage under each of its parts—A, B and D. To figure out which part of Medicare will cover each of your drugs, follow these general rules of thumb: Part A will cover the drugs you need during a Medicare-covered stay in a hospital or skilled nursing facility. Note: If you are getting skilled nursing care that is not covered by the Part A benefit, your drugs will be covered by the Medicare drug benefit (Part D). Part B will continue to cover drugs administered by your doctor or at a dialysis facility, but the doctor’s office or facility has to buy the drugs itself. Part B also covers a limited number of outpatient prescription drugs. Outpatient drugs previously paid for by Part B will continue to be paid for by Part B. Part D (see below) cannot pay for any drugs that are covered by Part B. Part D covers outpatient drugs through Medicare private drug plans. If you join a Medicare private drug plan (Part D), it should cover most of the prescriptions that your doctor writes for you to fill at the drugstore. Check to see if your Medicare private drug plan includes the drugs you need on its list of covered drugs (formulary). While some drugs are covered only by Part B, there are a few drugs that can be covered by either Part B or Part D depending on the circumstances. See our chart in the Resources section below for these special circumstances. Note: Only what you pay for drugs covered by your Medicare prescription drug plan (Part D) will count toward your out-of-pocket limit ($3,600 in 2006) to reach catastrophic coverage, when your costs will go down to just 5 percent of the cost of each prescription. Stay tuned next week to learn how Medicare coverage periods affect your bills month-to-month! –Marci (thax medicarerights) ******************************************************** ADA WORKSHOPS - UD & VISITABILITY CONF. JULY 13 - 14 ******************************************************** NEWS RELEASE Services for Independent Living, Inc. (SIL), is pleased to announce two (2) upcoming workshops for employers, human resource professionals, and advocates on the employment provisions of the Americans with Disabilities Act of 1990 (ADA). The first workshop, Rights and Responsibilities in Employment under Title I of the ADA, will be on Tuesday, June 6, 2006 from 9:00 a.m. to 11:00 a.m. The second workshop, An In-Depth Look: Employer Responsibilities and Reasonable Accommodation, will be held on Tuesday, June 13, 2006 from 2:30 p.m. to 4:30 p.m. Both workshops will be held at SIL at 25100 Euclid Avenue, Suite 105, Cleveland, 44117. The co-presenters are Michelle Crew, Investigator, and Cynthia Stankiewicz, Outreach/ Technical Assistance Manager, U.S. Equal Employment Opportunity Commission, Cleveland Field Office. Because seating is limited, registration and payment are required by May 30, 2006. Requests for accommodations should be made by May 30, 2006. The fee is $30 for one person/$50 for two persons from the same office when paid in advance or $35 for one person/$60 for two persons from the same office when paid at the door. For more information or for registration information, please contact Laura Gold at SIL at (216) 731-1529 (Voice/TTY) or lgold@sil-oh.org (e-mail) or Cynthia Stankiewicz at EEOC at (216) 522-7679 or Cynthia.Stankiewicz@eeoc.gov (e-mail). ====== Universal Design & Visitability Conference July 13-14 Planners, designers, city officials, policy-makers, disability professionals, and others Join us at the Universal Design & Visitability Conference: From Accessibility to Zoning Conference (July 13-14, 2006) in Columbus, OH, or available on-line. The conference has a distinguished set of keynote speakers from around the world, and encompasses a variety of areas (design, public policy, zoning and advocacy) across different scales and settings (residential, institutional, city/regional), such as: Planning public places, Affordable Housing, Master planning for universal design, Planning for an aging population, Educating planners and designers, Public policy for access & equity, Zoning and Building Codes. Preliminary program available at http://knowlton.osu.edu/ped/udprogram.htm To register (for on-site or on-line attendance), go to: http://knowlton.osu.edu/ped/universaldesign.htm and click through the four links: Register for the Universal Design and Visitability Conference Conferences & Other Programs 2006 Universal Design and Visitability Conference Universal Design & Visitability Conference Registration Or go to http://knowlton.osu.edu/ped/udprogram.htm Scroll down to conference registration and follow the links to register Jennifer Evans-Cowley, Jack L. Nasar, & Scott Lissner, co-chairs Universal Design & Visitability: From Accessibility to Zoning Ohio State University http://knowlton.osu.edu/ped/universaldesign.htm If you have any difficulties with the websites or registration, contact Scott Lissner (lissner.2@osu.edu) Columbus is a short drive from Chicago, Detroit, Cleveland, Pittsburgh, Indianapolis and Knoxville. Local entertainment includes the Arena District, located a few blocks north of downtown, home to the Nationwide Arena, professional hockey, restaurants, bars, and live entertainment; the Short North Gallery District, between two historic districts, and home to restaurants, coffee houses, and art galleries; The Brewery District with its microbreweries and fine German restaurants, bars, and live entertainment venues; and the historic German Village. Universal Design & Visitability: from Accessibility to Zoning conference is presented by The Ohio State University's Knowlton School of Architecture and ADA Coordinator's Office with support from the National Endowment for the Arts and in collaboration with The Kirwin Institute for Race and Ethnicity, The John Glenn Institute for Public Service and Public Policy, The American Planning Association, The Great Lakes ADA & Accessible IT Center, ADA-OHIO, Mid-Ohio Regional Planning Commission, Mid-Ohio Board of Independent Living, and The Ability Center of Greater. ADA-OHIO (The Americans with Disabilities Act) 700 Morse Road, Suite 101 Columbus, OH 43214 800-ADA-OHIO (800-232-6446) 800-ADA-ADA1 (800-232-2321) TTY 614-844-5537 FAX adaohio@aol.com http://www.ada-ohio.org/ ADA-OHIO is a nonprofit 501(c)(3) organization. ******************************************************** SPECIAL EDUCATION TEACHERS LOAN FORGIVENESS INCENTIVE ******************************************************** Special Education Teacher's Loan Forgiveness Incentive The Joseph P. Kennedy, Jr. Foundation Dear Colleague: The President has signed new legislation that will make a big difference in addressing our nation's critical shortage of qualified special education teachers. On February 8, 2006, a new provision was enacted ensuring the availability of loan forgiveness of up to $17,500 for individuals who are now or who are seeking to become highly qualified special education teachers. I am writing to ask you to help me spread the word about this important new loan-forgiveness provision. While our nation can be proud of its many accomplishments on behalf of students with special educational needs, we have not met our obligation to ensure that each special needs student is taught by a teacher who is fully qualified. The shortage of special education teachers has surpassed the shortage of math and science teachers. Principals and school administrators struggle every year to fill classrooms with qualified special education teachers. Students and families routinely experience the impact of an unqualified teacher in terms of undeveloped skills and lost opportunities. Only if prospective special education teachers know about this loan forgiveness incentive, will it have the desired effect of attracting college students to major in special education and attracting new special education teachers to work in the schools with children who have the greatest needs. Below is a fact sheet about this provision for your review. I urge you to post this on your website, and to urge your members and affiliated organizations to post it on their websites. This is a significant opportunity to help students who count on us the most. Thank you in advance for your partnership in helping to spread the word. Sincerely, Eunice Kennedy Shriver _____________________________________________ Loan Forgiveness of $17,500 Available for Special Education Teachers * On February 8, 2006, a new law made permanent a loan forgiveness of up to $17,500 for new special education teachers. * If you are interested in becoming a special education teacher, this loan forgiveness could be available to you. * There is a vast shortage of special education teachers in schools throughout the nation. * Job opportunities for special education teachers are plentiful in virtually every state, and in elementary, middle, and high schools. * Special educators work with student who experience a range of learning challenges, including intellectual disabilities, learning disabilities, sensory disabilities, and emotional disabilities. * Special education is a profession where you can truly make a difference in peoples' lives. * For more information, see the letter from the Secretary of Education, Margaret Spellings, at www.ed.gov/policy/highered/guid/secletter/060301a.html (thax jfa) ******************************************************** LATINO EMPLOYMENT CONFERENCE ******************************************************** Contact: Kathy Martinez (510) 251-4326 or kathy@wid.org Senator Van de Putte & Comedian Fonseca to Keynote Latino Employment Conference: Registration/Scholarship & Hotel Deadlines Extended May 2006 Texas State Senator Leticia Van de Putte and performer Chris Fonseca will give keynote addresses during Proyecto Visión¹s fifth national Bridges to Employment conference May 31 - June 2 in San Antonio. Registration and hotel accommodation deadlines for the event which convenes Latino and disability advocates, policymakers, service providers and business representatives to discuss issues concerning Latinos with disabilities and employment have been extended to May 17. "I am thrilled to have Senator Van de Putte and Fonseca join us this year because they are excellent role models," said Kathy Martinez, director of Proyecto Visión. "They are illustrating the vast variety of employment opportunities that exist for Latinos with disabilities." Roundtables/Workshops Van de Putte and Fonseca's addresses will bookend two days of dynamic workshops and roundtables that address: best practices in job readiness and development programs that serve Latinos with disabilities; new research initiatives and results of studies about disabled Latinos; employer narratives about how to recruit/employ people with disabilities; financial literacy, planning and asset-building for jobseekers with disabilities; the intersections between Latino culture and disability, and success stories. Registration/Scholarship & Hotel Deadlines Extended The deadlines for registering to attend the conference and getting the special hotel group rate have been extended to May 17. Individuals can sign up at the early-bird rate ($150) and get hotel accommodations information online at www.projectvision.net. There are a limited number of rooms available at the group rate so make your reservation today. Scholarships are available to low-income Latinos with disabilities to cover the registration fee. =============================== 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 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 V6-#59 Saturday, May 06, 2006 -- No Vote, No Voice! ======================================================== The Commonwealth of Virginia has the oldest legislative body in existence for the U.S. and I think some of those original legislators must still be holding a seat, because, we still don't have a state budget after an extended assembly session and weeks of arguing. The Senate is willing to talk but our House of Delegates are holding the state hostage. Transportation funding is the snafu and our legislators in the House want to take from our General Funds without obligating to a dedicated source of revenue. But if our GF's are tapped, then there goes basic human needs to those who are in need of Medicare, Food Stamps, and several other state programs. Since N. VA and the Norfolk area provide the state with the majority of our income what's so hard to figure out that we must solve transportation issues in these two areas? Well, since it hasn't been figured out for years maybe a couple of hundred more years passing by will finally find a solution. In the mean time, all commuters in these high density traffic areas are advised to carry a 3 day parcel of food and water just in case your caught in another of the hundreds of traffic jams:) Thank your Delegates for continuing on in the tradition of doing nothing......at least they remain a constant in our live's....... NEXT National Direct Service Workforce Resource Center http://www.dswresourcecenter.org/ - 1-877-822-2647 LTE in Raleigh News & Observer: 4th Circuit Judicial Nominee Boyle hostile to disability act: http://www.newsobserver.com/580/story/433751.html NEXT New Freedom Initiative
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**Some people grin and bear it. Others smile and
change it.** ++ ========================================================DAC News V6-#59 Monday, May 01, 2006 -- No Vote, No Voice! ======================================================== After a nice warm vacation I'm back, refreshed, invigorated and ready to send out much important news. But before I get started, I'd like to congratulate Olegario "Ollie" D. Cantos VII, formally Special Assistant to the Assistant Attorney General for Civil Rights and recently as Special Counsel in the DOJ for the past several weeks, and NOW the next Associate Director on Disabilities of the White House Domestic Policy Council. Whew! I'll tell you more about my friend Ollie in another letter but DAC will tell you now that you'll get more than your tax paying dollars worth from Ollie at his new position. There aren't enough hours in the day according to Ollie and I really wish him well:) NEXT A Constitutional right to live at home? Supremes take a look by mjohnson Wed Apr 19, 2006 at 08:48:58 AM PDTThe U. S. Supreme Court said Monday it will hear a Nebraska case that will decide if people have a Constitutional right to receive services in their own homes rather than being forced into institutions. The suit was originally filed 3 years ago by Nebraska Advocacy Services against the state of Nebraska for failing to "fully fund" community-based services for people and thus putting them in danger of institutionalization. The Supreme Court ruling will have profound implications -- both for people on waiting lists for community services and for people being forced into nursing homes because of the lack of in-home services, as I blogged about Monday. Nebraska Advocacy Services in its suit says that "under certain circumstances, the denial of community-based services which results in the unnecessary institutionalization of persons with disabilities is a violation of their fundamental liberty interest protected by U. S. Constitution," according to Advocacy Services attorney Shirley Ann Mora James. When the suit was first filed, the state argued that it was "immune" from ADA suits; later, the 8th U.S. Circuit Court of Appeals agreed that Nebraska could not be sued under Americans with Disabilities Act's Title II (which pertains to government services). But in January, the U. S. Supreme Court ruled in the case Goodman v. Georgia that states are not automatically immune from lawsuits from disabled individuals claiming a right to nondiscriminatory services -- and in light of this ruling, the Court has decided to "re-visit" this Nebraska case, known as Bill M. v. Nebraska Dep't of Health and Human Services. The plaintiffs are seeking home- and community-based services available through the state's Home and Community Based Waiver Program -- and the state has "unlawfully restricted funding" to the program, says the suit. To read about the legal implications of this case, visit the Disability Law Blog. The news story: U S high court orders new hearing in disabilities case (Sioux City Journal) http://www.siouxcityjournal.com/articles/2006/04/18/news/nebraska/fd1beadcb9e63ab686257154000d0be1.txt NEXT Anniversary Issue! Life Is Full Our Anniversary Issue is up! Filled with new content - plus a couple of new additions. Editor@LifeISFull.com http://www.lifeisfull.com/ NEXT May 2, 2006 Prince William County Disaster Readiness for People with Disabilities 7-8 pm Hillendale Fire Department 13511 Hillendale Drive Dale City, VA by Patrick Collins, Emergency Services Coordinator, PWC Department of Fire and Rescue Sponsored by Committee for Persons with Disabilities For information and accommodations, notify Linda Moore at lmoore@pwcgov.org or 703-792-7649 at least two weeks prior to the event. NEXT New Va. law: Teach web safety Virginia has enacted a law requiring public and private schools in the state to provide students with web-safety instruction and warn them about internet predators. Introduced by Del. William H. Fr... Apr 14 | FULL STORY http://www.eschoolnews.com/news/showstoryts.cfm?Articleid=6261 Advocacy Planning for Students with Disabilities May 20, 2006 University of Richmond T.C. Williams School of Law Preliminary Agenda Registration: 9:00am-9:30am Morning Sessions: 9:30 am - 11:00 am Discussion of legislation Bills SB545 and SB241 11:15 am - 12:15 pm Graduation issues Lunch Afternoon sessions: 1:00 pm - 2:15 pm SEACs and Communication with School Boards Working Towards Legislation School Accountability for All Students Break: 2:15pm - 2:30 pm Repeat of Afternoon sessions: 2:30 pm - 3:45 pm Final planning session: 3:45pm - 4:30pm Registration fee $15.00 For more information, go to http://www.virginialac.org/ or contact Cheryl Ward 757-461-8007 mailto:cward@endependence.org%20 NEXT Grant Opportunity: Youth Outreach for Victim Assistance The National Crime Prevention Council and the National Center for Victims of Crime are seeking applicants for the Youth Outreach for Victim Assistance (YOVA) project. The YOVA project, entering its third year, seeks to raise awareness about teen victimization and services that can help teen victims of crime, and to provide resources to victim service providers so they can better reach and serve teen victims. NCPC and NCVC will select at least twenty new sites to participate in YOVA during the 2006–2007 school year. Each site will receive no more than $3,000 to plan and implement a youth-led public awareness campaign. Campaign projects may include public service announcements, poster campaigns, websites, workshops, and assemblies. Each site selected to participate in YOVA will send two youth and one adult to a training in August 2006, and NCPC and NCVC will provide ongoing technical assistance to all sites. To view the application and learn more details about YOVA and the current YOVA sites, visit www.ncpc.org/programs/yova. Meghan Sharp Children and Youth Initiatives National Crime Prevention Council tel 202-261-4160 | fax 202-296-1356 | msharp@ncpc.org AND Wired: Face Recognition for Autism http://www.wired.com/news/technology/medtech/1,70655-0.html Video Relay Services Article http://www.wired.com/news/technology/1,70585-0.html NYTimes: Learning to Savor a Complete Life http://www.nytimes.com/2006/04/20/us/20romance.html?ei=5065&en=f37c0bd3e2a36fef&ex=1146196800&partner=MYWAY&pagewanted=print New Scientist: Solar Powered Retinal Chip for Blind http://www.newscientisttech.com/article/dn9038-solarpowered-implant-could-restore-vision.html Paralysis Cure Worth Waiting for http://www.wired.com/news/columns/0,70710-0.html?tw=wn_index_4 MORE Attend Accessible Web Design Training Conference: Access U 2006 Access U 2006 (http://www.knowbility.org/conference/2006) Knowbility's fourth annual web design accessibility training conference is May 11-12, 2006 in Austin, Texas! Secure your spot today at the only conference focused solely on web accessibility. *Gain needed information to comply with Section 508 and Texas HB 2819 web accessibility mandates *Learn about new technology to make websites more accessible for people with disabilities *Interact with leading experts in the accessibility industry And more! Register today to strengthen your web accessibility skills and network with industry experts. Register at http://www.knowbility.org/conference/?content=regStartNow! Sessions Filling Fast! I look forward to seeing you at this year's event! Teenya Franklin Access U 2006 Program Manager Knowbility, Inc. Access U 2006 Thanks Our Sponsors: Disability Law Resource Project Ability Wells Fargo Knowbility, a 501(c)(3) nonprofit organization, produces Access U 2006. Knowbility was founded in 1999 to support the independence of children and adults by ensuring access to information technology. NEXT Direct Service Worker Resource Center Website http://www.dswresourcecenter.org/index.php/dsw NEXT National Council on Disability Announces ADA 16th Anniversary Town Hall Meeting and Seminar WASHINGTON—National Council on Disability and its federal partners are pleased to announce “A National Dialogue on the State of Disability,” a town hall meeting and seminar to observe the 16th Anniversary of the Americans with Disabilities Act. Date and time: July 26, 2006 9:00 a.m. – 1:00 p.m. Location: National Press Club National Press Building 529 14th Street, NW, 13th Floor Washington, DC This t meeting is open to the public and free of charge. Space is limited. The event will also be Web cast and archived for later viewing. For more information, please contact Mark Quigley at ncd@ncd.gov. NEXT SSI/SSDI & Work Incentives Space Available! BACK BY POPULAR DEMAND!!! FREE
TRAINING If you are interested in registering for the 2-day
training, the evening training or just want more information CONTACT:
mmorrison@ourpeoplework.org <>**Some people grin and bear it. Others smile
and change it.**
<> ++ ========================================================DAC News V6-#58 Saturday, April 15, 2006 -- No Vote, No Voice! ======================================================== A quick bit of news before I hit the road. I didn't want to sit on this until May so I hope you find this useful. I'll also post a couple other newsworthy items as well until I return. Enjoy:) ........Ehhhh, yes sissy...I'll be there Tuesday afternoon, get the beer cold bro:) CONSUMER DIRECTED RATE INCREASE <--Great news, now for health bennies:) In 2005 the Virginia General Assembly increased Medicaid personal care rates. The increased rate is effective May 1, 2006. Currently the consumer directed service rate is $8.19. May 1st the rate will increase to $8.35.The rate in northern Virginia is currently $10.61 and will increase to $10.82 on May 1st. A DMAS memo about this rate increase can be viewed at: http://www.dmas.virginia.gov/downloads/pdfs/mm-rate_increase_personal_care_3-31-06.pdf This is different from any rate increase that may eventually be approved by the General Assembly and Governor once the 2007 budget is resolved. Maureen Hollowell (thax Maureen;) Endependence Center CEREBRAL PALSY HELP -- NEW WEBSITE! Great site:) URL: http://www.about-cerebral-palsy.org/ Title: About Cerebral Palsy Description: About-Cerebral-Palsy.org provides useful information on Cerebral Palsy, Diagnosis, Causes of CP, and classification of Cerebral Palsy. Also, allows users to contact doctors with their questions, and offers free evaluation for lifetime benefits. NEXT Education and Advocacy Resources for Part D We need to fix Part D by making it available under Original Medicare and negotiating drug prices. Here are four resources that can help you educate others. Presentation on Why We Need a Drug Benefit Under Original Medicare (PowerPoint with Talking Points) "Part D - No Guarantee" Confusion Chart Flier (PDF) Why is the Privatized Part D Drug Benefit a Disaster? (PDF) The New Part D Prescription Drug Program: A Gamble for All Americans (PDF) Let us know if you find these useful and what other resources you could use. AND State Watch | Mass. Gov. Romney Signs Health Insurance Bill; Vetoes Assessment on Employers Not Providing Coverage http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=36607 Much more news so read, enjoy and comment if you wish:) <--But not until May please<g>.... Keith- ======================================================== 1. NURSING HOME RESIDENTS' DATA 2. SELF-DIRECTION 3. DMAS NEWS 4. BUILD A RELIABLE DRUG BENEFIT MOVEMENT THRU ORIGINAL MEDICARE 5. BALLOON ANNUITY COUNTED AS RESOURCES FOR MEDICAID 6. FLORIDA MAN WITH MD CHOOSES DEATH OVER NURSING HOME ======================================================== ******************************************************** NURSING HOME RESIDENTS' DATA ******************************************************** Nursing Residents' Data, Information Bulletin #106B (4/06) Early we provided Nursing Home Data from the CMS Nursing Home Data Compendium 2005. Using the same source, we will now provide CMS data about the people who are in those facilities. 1. Why are people in facilities? ADL Impairments: Nearly 33% of persons in nursing facilities had NO Activity of Daily Living Impairment; that's more than one million persons institutionalized at sometime during the year who had no ADL Impairment. Another 8.8% have only one ADL Impairment. More than 50% of the persons had two or fewer ADL Impairments (Table 3.3.(e)), as compared to nearly 55% in 1999. The following states have the largest percentage of persons with NO ADL Impairments: Illinois, Missouri, OK, Arkansas, Montana, KA, NM, and Iowa. The distribution of ADL Impairment by size of the nursing facility shows that in those with 50 or less beds have nearly 48% with NO ADL Impairment, as compared to the 33% national average. Conversely, these smallest institutions also have the fewest persons who have significant ADL Impairments. Our questions: Why are any persons in nursing facilities with so few ADL Impairments? Why are States, for those residents on Medical Assistance, permitting these people to be admitted into nursing facilities and then paying for them to be unnecessarily institutionalized? Why aren't advocates making the States "Close the Front Door" and not admit or pay for these persons, or AT LEAST offer them services in the community? If they have psychiatric disabilities, have they received PASSAR evaluations before they were admitted and are they receiving appropriate services? Cognitive Impairments: Nearly 30% of residents had NO Cognitive Impairment; that's more than 900,000 persons without any cognitive impairments. Another 12.2% had only a very mild cognitive impairment. Nearly 56% had a mild or less cognitive impairment. The following states had the largest percentage of persons with NO Cognitive Impairments: Arizona, DC, NJ, Flo, DE, Maryland, NV and OR. Our questions: Again, why are these persons in nursing facilities, especially since most persons with cognitive impairments also have ADL impairments? When one looks at both ADL and Cognitive Impairments, a frightening picture emerges. Have nursing facilities become the last refuge for many persons who are mentally ill, homeless, developmentally disabled? Why is your State wasting Medical Assistance dollars on those persons who could easily and readily be treated and provided for in the community? 2. How are People Doing in Nursing Facilities? Many of the following are life endangering, are caused by the nursing facilities, should be treated by a "nursing" facility, and demonstrate that people are at significant risk when they enter a nursing facility. A. Pressure Ulcers (only if the pressure sore was at stage 2 or greater, and does not include stage 1): a. Nationally, half of all nursing facilities had more than 8.2% of its residents with these pressure ulcers. b. The following States had the highest percentages of residents who had these pressure ulcers: DC, CA, NV, PA, Maryland, NJ, DE, KY, LA, NY and NC. (Table 3.7). B. Use of Physical Restraints: a. Nationally, half of all nursing facilities had more than 4.1% of its resident who were put in physical restraints. b. The following States had the highest percentages of residents in physical restraint: Arkansas, CA, LA, OK, Mississippi, UT, and NV. (Table 3.11). C. Dehydration (i.e., fluid output exceeded fluid input and excludes residents with end-stage disease or receiving hospice care): a. Nationally, more than half the nursing facilities had zero percentage of their residents who had dehydration. b. The following States had the highest percentages of residents who were dehydrated: Alaska, WY, WA, OR, WV, ID, and VE. (Table 3.19). D. Weight Loss (i.e., more than 5% in last 30 days or more than 10% in last 180 days and excludes residents with end-stage disease or receiving hospice care): a. Nationally, half of all nursing facilities had more than 8.2% of its residents who had such weight loss. b. The following States had the highest percentages of residents who had such weight loss: WY, HI, WA, OR, Virginia, NJ, and WV. (Table 3.17). E. Severe Bladder or Bowel Incontinence (on almost all occasions): a. Nationally, half of all nursing facilities had more than 34% of its residents who had severe bladder or bowel incontinence. b. The following States had the highest percentages of residents who had severe bladder or bowel incontinence on almost all occasions: HI, CA, SC, DC, NV, NC, GA, VG, TX (Table 3.21). 3. Nursing Facility Deficiencies: A. Only 10% of the states' nursing home surveys had ZERO health deficiencies' citations. (Table 4.5.(e)). The following states had the most health deficiencies cited: NH, OR, Virginia, WI, MA, RI, and IN. B. 16% of all states' nursing facilities had surveys resulting in a health deficiency of "actual harm or immediate jeopardy to residents." (Table 4.8.(e)) The following states had the most health deficiencies of "actual harm or immediate jeopardy to residents": CT, ID, DC, SC, KA, WA, and CO. C. Nearly 15% of all states' nursing facilities had surveys resulting in a citation for Failure to treat or prevent pressure ulcers, but there was a wide spread among the states. (Table 4.18.(e)). What follows is the percent of all nursing facilities by state that were cited for "Failure to Treat or Prevent Pressure Ulcers." Alabama 15.2% Alaska 5.9% Arizona 11.2% Arkansas 19.2% California 18.9% Colorado 24.2% Connecticut 34.0% Delaware 26.2% D. C. 9.1% Florida 6.1% Georgia 19.1% Hawaii 14.3% Idaho 27.3% Illinois 18.7% Indiana 14.5% Iowa 9.9% Kansas 24.8% Kentucky 7.6% Louisiana 12.5% Maine 4.9% Maryland 11.6% Massachus 7.7% Michigan 20.5% Minnesota 17.1% Mississippi 1.6% Missouri 16.7% Montana 7.4% Nebraska 10.3% Nevada 27.3% New Hamp 14.8% New Jersey 10.9% New Mexico 13.0% New York 17.5% North Carolina 9.3% North Dakota 4.8% Ohio 13.6% Oklahoma 11.8% Oregon 17.1% Pennsylvania 15.2% Rhode Island 20.0% South Carolina 22.6% South Dakota 11.9% Tennessee 21.3% Texas 9.0% Utah 3.5% Vermont 33.3% Virginia 12.9% Washington 23.8% West Virginia 6.3% Wisconsin 10.7% Wyoming 13.9% National 14.7% 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 divided into different subjects. To contact Steve Gold directly, write to stevegoldada@cs.com ******************************************************** SELF-DIRECTION ******************************************************** Self-direction is a different way of supporting people with disabilities. It makes the voice of the person with a disability the focus and respects a person's choices about his or her life. DMAS was awarded a grant from the Centers for Medicare and Medicaid in 2003 to work with the Partnership for People with Disabilities on developing materials and training modules on consumer-directed (CD) services in Virginia's waivers. A website was developed through grant funding and has become an excellent resource on self-direction for Virginians with disabilities who wish to direct their own community-based care. Please visit www.vcu.edu/partnership/cdservices to learn more about self-direction and CD services in Virginia. (thax J.B.) ******************************************************** DMAS NEWS ******************************************************** 1. Disease Management (DM) Program 2. Case Manager Communique 3. Virginia Medicaid at a Glance 4. The 2005 Statistical Record 1. On January 13, 2006, the Department of Medical Assistance Services (DMAS) in collaboration with Health Management Corporation (HMC) launched the expanded Virginia Medicaid Healthy Returns Disease Management (DM) Program. Healthy Returns is a DM program designed to help patients better understand and manage coronary artery disease, congestive heart failure, asthma, and diabetes through prevention, education, lifestyle changes, and adherence to prescribed plans of care (POCs). The program is for the Medicaid and FAMIS fee-for-service population, including those enrolled in the Home and Community-Based Waivers. The following individuals are excluded from the program: - Individuals enrolled in Medicaid/FAMIS managed care organizations - Individuals enrolled in Medicare (dual eligibles) - Individuals who live in institutional settings (such as nursing facilities) - Individuals who have third party insurance Recipients who are enrolled with managed care organizations (MCOs) also receive disease management services. You can see the outcomes of the MCO disease management programs in the latest performance report at http://www.dmas.virginia.gov/downloads/pdfs/dsm-hmc_dmas_annual_report_09-05.pdf Patients eligible for the new DM program will receive an introductory postcard from HMC that describes Healthy Returns. They will also receive a phone call from an HMC nurse consultant who will introduce them to the program and conduct an initial assessment. Check out the DM page on the DMAS website for the latest information about the program http://www.dmas.virginia.gov/dsm.htm . 2. In March 2005, DMAS began providing information to case managers via a newsletter designed for them. The newsletter is a tool to inform, communicate, and share important program information with them as most of them do not receive Medicaid memos, but have direct contact with our recipients/clients. The type of information in the newsletter relates to new programs and/or changes in existing programs, training opportunities, and other information that may directly impact them. The newsletter is produced two times per year to coincide with the Case Managers' Meeting, organized by the Managed Care Unit within the Division of Health Care Services. Attached is the spring version of the Case Manager Communique. Please feel free to share this information. Comments on this newsletter should be sent to communique@dmas.virginia.gov . 3. Virginia Medicaid at a Glance-You might find this two page overview of the Virginia Medicaid program useful. It is meant to be copied two-sided. 4. The 2005 Statistical Record is available on the DMAS website http://www.dmas.virginia.gov/ab-2005_stats.htm . A limited number of bound paper copies have been printed. They are available, and can be purchased for $50 by contacting www.foia@dmas.virginia.gov . ******************************************************** BUILD A RELIABLE DRUG BENEFIT MOVEMENT THRU ORIGINAL MEDICARE ******************************************************** Help Build a Movement for a Reliable Drug Benefit Through Original Medicare Asclepios Your Weekly Medicare Consumer Advocacy
Update **Some people grin and bear it. Others smile and
change it.** ++ ========================================================DAC News V6-#57 Tuesday, April 11, 2006 -- No Vote, No Voice! ======================================================== We've got some really good stories today, but, before I start, I want to let you know that DAC is taking a short break but we will be back with more news by May 1st. So if you write, wait. Me needs a break. Thax:) Do you think your children are safe simply by yelling for help? Here is a disturbing video showing just how unsafe you or your children can be just because people are afraid to get involved. For viewing d/load Media Player (free) if you're unable to view the following. MSNBC featured a Securities Specialist doing a hidden-camera enactment of a child being abducted on a downtown street to see if passersby would respond. The results are very disturbing... http://www.msnbc.msn.com/default.cdnx/id/11925653/displaymode/1157 NEXT In our 1st story please read an interesting idea of where "Massachusetts Sets Health Plan for Nearly All" and read the health plan here, Massachusetts Health Care Bill at: http://www.mass.gov/legis/summary.pdf or more here: State Watch | Massachusetts Legislature Approves Bill That Would Require Indivi or: http://www.kaisernetwork.org/daily_reports/rep_index.cfm?hint=3&DR_ID=36435 Then of course we have the naysarers in our 2nd story with advocates et.al. trying to say why this health care plan will never work. Read "Massachusetts Health Care Bill Will Disappoint, Hurt Low-Income Families, Say Advocates and Policy Experts" and decide for yourself what you think:) And not to be out done South Carolina has some ideas on health care reform too. Read our 3rd story. Sure gives one a lot to think about huh?:) NEXT Don't miss this new resource guide as it's a good source of great information on different mobility mode types. Read below:) Mobility-Advisor Description: Educational resource with articles on wheelchairs, scooters, accessories, wheel chair sports, disabled travel, transportation, and assistive technology to enhance the lives of individuals of all ages who need mobility assistance. http://www.mobility-advisor.com/ NEXT Today's Capitol Insider Now Available Congress may be in recess for two weeks but much is still happening in our nation's Capital. Download today's Capitol Insider and read about what happened last week and what is ahead. Click the following link (or cut and paste it into your browser) http://www.thearc.org/ppc/capinsider.doc In this week's issue, you can read about: MAJOR EVENTS LAST WEEK Fiscal Year 2007 Budget Resolution Fiscal Year 2006 Tax Reconciliation Fiscal Year 2007 Supplemental Appropriations Lobbying Reform Direct Support Workers Employment Durable Medical Equipment/Power Wheelchairs MAJOR EVENTS AHEAD U.S. Congress Employment Civil Rights If you have any questions, feel free to contact me at price@thedpc.org. PS. Feel free to forward it to your family, friends and colleagues. Richard B. Price Director of Communications and Grassroots Advocacy The Arc and UCP Disability Policy Collaboration 1660 L Street, NW, Suite 701 Washington, DC 20036 Office: (202) 783-2229 x. 15 Fax: (202) 783-8250 price@thedpc.org www.thearc.org www.ucp.org NEXT Caregiver Grants Program, February 1 - May 1 Virginia has a grant program which provides up to $500.00 for caregivers who provide assistance to a relative who has a physical or mental impairment. Certain qualifying conditions must be met, including limits on the income of the caregiver. Applications for the year 2005 must be submitted no earlier than Feb 1, 2006 and not later than May 1, 2006. To download the application, go to: www.dss.virginia.gov/family/as/caregiver.cgi. The application may also be requested by calling 703-324-5485 locally or 1-877-648-2817 in Richmond and leaving a message after the beep. AND Work Incentives Specialist & SSI/SSDI Training Scheduled If you go to http://www.vaaccses.org/ the registration information is on-line in a pdf format. "SSI/SSDI & Work Incentives" "Understanding the Myriad of Rules Governing SSI/SSDI, Medicaid, Medicare & Related Work Incentives for People with Disabilities" featuring Sharon Brent, Information Manager for Planning & Advocacy, NCB Development Corp., National Disability Institute - Washington, DC US Dept of ED and NIDRR Research & Training Center on Workforce Investment and Employment Policy for Persons with Disabilities June 6th, 2006 - June 7th, 2006 9:00 a.m. - 4:30 p.m. Courtyard Marriott Danville, VA FINALLY Voices Hires Director for Northern Virginia Office With funding from the Freddie Mac Foundation, Voices opened its first satellite office in March. The new Northern Virginia office will play a key role in building relationships with community members, local organizations, and legislators to advance Voices’ mission of building a powerful voice for children and inspiring the citizens of Virginia to act on their behalf. We are excited to announce that Kathy May is the new Director of Voices’ Northern Virginia office. If you would like more information or have any questions, please contact Kathy at: kmay@vakids.org (Please sign DAC up for news Kathy....and good luck on your new adventure:) Voices is currently looking for donated office space with space enough for one person. Kathy has a wireless laptop and cell phone so the space is the main need. If you have ideas about an in-kind donation of space, please contact Kathy. OPPS.....almost forgot:) Read Steve Gold's always informative newsletters here: SteveGold.htm or: http://members.aol.com/dac4va/SteveGold.htm 1) Nursing Facility Data 2) Modifications for Accessibility in Units in the Voucher Program 3) DD Institutions - How Many People are Still Institutionalized Much more news so read, enjoy and comment if you wish:) Keith- ======================================================== 1. MASSACHUSETTS SETS HEALTH PLAN FOR NEARLY ALL 2. MASSACHUSETTS HEALTH CARE BILL WILL DISAPPOINT 3. S.C. WANTS TO OFFER NEW MEDICAID ACCOUNTS 4. USE OF "SEGWAYs" ON TRANSPORTATION VEHICLES 5. CAPS ON MEDICARE THERAPY ======================================================== ******************************************************** MASSACHUSETTS SETS HEALTH PLAN FOR NEARLY ALL ******************************************************** April 5, 2006 Massachusetts Sets Health Plan for Nearly All By PAM BELLUCK BOSTON, April 4 — Massachusetts is poised to become the first state to provide nearly universal health care coverage with a bill passed overwhelmingly by the legislature Tuesday that Gov. Mitt Romney says he will sign. The bill does what health experts say no other state has been able to do: provide a mechanism for all of its citizens to obtain health insurance. It accomplishes that in a way that experts say combines methods and proposals from across the political spectrum, apportioning the cost among businesses, individuals and the government. "This is probably about as close as you can get to universal," said Paul B. Ginsburg, president of the nonpartisan Center for Studying Health System Change in Washington. "It's definitely going to be inspiring to other states about how there was this compromise. They found a way to get to a major expansion of coverage that people could agree on. For a conservative Republican, this is individual responsibility. For a Democrat, this is government helping those that need help." The bill, the product of months of wrangling between legislators and the governor, requires all Massachusetts residents to obtain health coverage by July 1, 2007. Individuals who can afford private insurance will be penalized on their state income taxes if they do not purchase it. Government subsidies to private insurance plans will allow more of the working poor to buy insurance and will expand the number of children who are eligible for free coverage. Businesses with more than 10 workers that do not provide insurance will be assessed up to $295 per employee per year. All told, the plan is expected to cover 515,000 uninsured people within three years, about 95 percent of the state's uninsured population, legislators said, leaving less than 1 percent of the population unprotected. "It is not a typical Massachusetts-Taxachusetts, oh-just-crazy-liberal plan," said Stuart H. Altman, a professor of health policy at Brandeis University. "It isn't that at all. It is a pretty moderate approach, and that's what's impressive about it. It tried to borrow and blend a lot of different pieces." Many states, including Massachusetts, have been wrestling for years with how to cover the uninsured, and several states have come close, according to the National Conference of State Legislatures. Hawaii passed a universal access law in 1974 requiring employers to offer health care coverage for employees working 20 hours or more a week, but nearly 10 percent of people remain uncovered. Efforts to cover all citizens in Minnesota and Vermont in 1992 and in Massachusetts in 1988 fell flat in the mid-1990s when the language in the bills concerning universal coverage was repealed. In 2003, Maine enacted a law that significantly broadened insurance coverage and combined employer payments with expanded government programs. That year, California enacted a law that required employer contributions, but it was repealed in a referendum in 2004. Massachusetts would be the first state to require its citizens to have health insurance. The Massachusetts bill creates a sliding scale of affordability ranging from people who can afford insurance outright to those who cannot afford it at all. About 215,000 people will be covered by allowing individuals and businesses with 50 or fewer employees to buy insurance with pretax dollars, and by giving insurance companies incentives to offer stripped-down plans at lower cost. Lower-cost basic plans will be available to people ages 19 to 26. Subsidies for other private plans will be available for people with incomes at or below 300 percent of the poverty level. Children in those families will be eligible for free coverage through Medicaid, an expansion of the current system. The Massachusetts bill was hammered out with proposals and input from state Democratic legislators; Mr. Romney, a Republican; Senator Edward M. Kennedy, a Democrat; insurers; academics; businesses; hospitals; and advocates for the poor, including religious leaders. They were motivated in part by a threat by the federal government to eliminate $385 million in federal Medicaid money unless the state reduced the number of uninsured people. The state was supposed to have the bill completed by January, but state officials said they were confident that the federal government would approve of Tuesday's bill. "Whenever you can have the medical community, the business community and the advocates all applauding our efforts, I think that's indicative of a successful exercise," said State Senator Robert E. Travaglini, the majority leader. Mr. Romney, who is considering running for president in 2008, said in an interview Tuesday that the bill, passed by a legislature that is 85 percent Democratic, was "95 percent of what I proposed." He said, "This is really a landmark for our state because this proves at this stage that we can get health insurance for all our citizens without raising taxes and without a government takeover. The old single-payer canard is gone." Mr. Romney pushed the idea of the "individual mandate," requiring people who can afford insurance to buy it. The bill makes it possible for employers to enable many of those people to use pretax dollars, saving them 25 percent or more. Individuals who fail to get health insurance by July 2007 will first lose their personal exemption on their state taxes. In subsequent years, they would have to pay a penalty that could be as high as half of what an affordable health care premium would cost. Eric Fehrnstrom, the governor's communications director, said that for those people with incomes above 300 percent of poverty, "our assumption was that these would be mostly single mothers who just did not have the wherewithal to get insurance. It turned out it was mostly young males. In some cases they are making very attractive salaries. These are people who just don't imagine themselves needing care, but of course when they break a leg when they're out bungee jumping they go to the hospital and we end up paying for their care anyway." One element that Mr. Romney and some legislators did not want was the fee for employers who do not provide health insurance. For several months the bill seemed stalled because the House and Senate leaders could not agree on the issue of charging businesses. One proposal of an $800-per-employee charge was reduced to a maximum of $295 that would go toward paying costs for the uninsured and would be reduced as more people became insured, Mr. Travaglini said. Because the bill is part of a budget bill, Mr. Romney has line-item veto power. He said Tuesday that he would likely change the business fee provision in some way or veto it before signing the bill. Still, he did not seem that worried about it, saying he had been most concerned that the fee not be a payroll tax, as had been originally proposed. Mr. Travaglini said that if Mr. Romney vetoed the business fee, the legislature would override it. Bob Baker, president of the Smaller Business Association of New England, said his members seemed to accept the idea of the fee. "The notion of the level playing field, I think from an element of fairness and equity, people are O.K. with it, unless it impinges on their ability to pay for it," Mr. Baker said. "There hasn't been a hue and cry among our members." Mr. Romney said that with more people insured, everyone would "get better health care" and that premiums for people who already had insurance might drop because "providers won't be pushing the cost of the uninsured onto the people who have insurance." James Roosevelt Jr., president and chief executive of Tufts Health Plan, agreed. "I think that will help both improve the quality of health care and lower the cost," Mr. Roosevelt said, but he added, "We would have liked more flexibility in the design of health plans to permit lower premiums that are affordable for all people." The program, which was approved 154 to 2 in the House and 37 to 0 in the Senate, will cost $1.2 billion over three years, but only $125 million of that will be new state money. The rest will come from federal money and existing state money. After three years, lawmakers say, no new state money will be required. A new agency will administer the system. Advocates for the uninsured held a victory rally at the Statehouse. "We're thrilled that this truly represents a commitment to the poor and the working poor," said Rabbi Jonah Pesner, a leader of the Greater Boston Interfaith Organization. Joseph Landais, 64, could use insurance for himself, his wife and three children. Mr. Landais, a retired hospital custodian, said his wife, a nurse's aide, makes too much for the family to be eligible for Medicaid but not enough to afford insurance. He had a hernia operation four months ago that he did not have to pay for under the free-care pool, but he had not been able to see a doctor since then, even though he is still not feeling well. "After years that you've been working that hard," Mr. Landais said, "I think you deserve something back." Katie Zezima contributed reporting for this article. (thax S.W.) ******************************************************** MASSACHUSETTS HEALTH CARE BILL WILL DISAPPOINT ******************************************************** FOR IMMEDIATE RELEASE APRIL 7, 2006 6:00 AM CONTACT: Mass-Care Benjamin Day - Mass-Care Phone: (617) 723-7001 Fax: (617) 723-7002 E-mail: info@masscare.org Massachusetts Health Care Bill Will Disappoint, Hurt Low-Income Families, Say Advocates and Policy Experts BOSTON - April 7 - Once again, health care advocates and experts are now saying, Massachusetts is attempting to extend health coverage to the uninsured without in any way addressing the spiraling costs of the state's health care system. "This week's proposals merely repeat one from 20 years ago when Governor Dukakis was celebrating passage of his universal healthcare bill," say Steffie Woolhandler and David Himmelstein, Professors of Medicine at Harvard University. "That plan imploded within two years, and Massachusetts' new health reform legislation looks set to repeat that disaster." The Bill includes provisions requiring that uninsured families purchase at least stripped-down, poor quality health insurance through the private market, or face stiff penalties on their tax forms. "This mandate throws financially-struggling individuals into battle with insurance agents, insurers, and caregivers," say Alan Sager and Deborah Socolar, Directors of the Health Reform Program at Boston University's School of Public Health. Even these poor, low-premium plans are likely to cost low-income families and individuals far more than they can afford, and the Bill does not raise enough funds to subsidize even a fraction of these new costs. The Bill raises only $170 million per year to subsidize the new financial burdens now placed upon the uninsured, which is "a drop in the bucket of Massachusetts health care, where spending this year will be $59 billion," according to Sager. Uninsured individuals who are at three times the poverty line, and to whom the Bill promises no financial assistance, will be forced to pay over 20 percent of their income to cover health care costs, according to the best estimates available. While real incomes for the poorest five percent of the population have been falling and may continue to fall, the health care costs they will now have to pay are likely to continue to rise, particularly since individual health plans are the costliest on the planet. "The Bill will worsen the complex and costly administrative system that wastes funds needed to pay for actual health services," says Alice Rothchild, MD, Board President of the Alliance to Defend Health Care. The Bill is also likely to encourage employers currently providing health care for their workforce to push employees into the individual mandate, as the fees imposed by the new legislation on employers not covering their workers are far lower than the costs of the poorest-quality workforce health plans in the State. "This Bill is going to exacerbate the crisis in Massachusetts health care," comments Sandy Eaton, RN, Chair of Mass-Care. "It will move more people into individual health plans, the costliest and most wasteful insurance plans on the planet, without taking any steps to contain the costs that neither the State, nor its employers or its residents can afford. Only a plan that consolidates health care finance and streamlines delivery, such as the single-payer model adopted successfully in much of the rest of the world, can provide quality, sustainable health care for all." (thax S.W.) ******************************************************** S.C. WANTS TO OFFER NEW MEDICAID ACCOUNTS ******************************************************** The State, April 7, 2006 S.C. wants to offer new Medicaid accounts By RODDIE BURRIS rburris@thestate.com South Carolina is aiming hard to be among 10 pilot states offering Medicaid recipients new-style personal accounts to purchase health care. The federal government plans to test Health Opportunity Accounts beginning Jan. 1. They are an alternative President Bush says will give Medicaid recipients greater control of their health care spending and slow the program’s growth. Details on how the five-year pilot plans would work have yet to be finalized. South Carolina, however, has been at the front of states advancing the concept. Gov. Mark Sanford, for example, has pushed for the flexible, more discretionary personal accounts as an alternative to Medicaid as it exists. Critics, however, are skeptical of the accounts, saying they eventually will create separate, more expensive insurance pools for less-healthy insurance clients. Opponents also say the plans could leave gaps that ultimately will increase Medicaid costs. The federal Centers for Medicare and Medicaid Services, which administers Medicaid, said it is working on an application for the pilot program to make available to the states. The agency has not specified when applications could be ready. It is unclear how many of South Carolina’s 850,000 residents using Medicaid could participate in the program. Under traditional Medicaid, a client’s care is paid under a fee-for-service arrangement, in which the medical provider renders a service to a patient, then submits a bill to Medicaid for reimbursement. In the health opportunity pilot — expected to function much like health savings accounts — the state would establish limits on how much could be contributed to each account. Recipients also could save their own money to pay for care. Dollars could carry over from year to year. If money is left over, it could be used to pay for education-related expenses. The accounts were part of the final budget plan that cleared the House on Feb. 1 by a razor-thin, 216-to-214 vote. It is designed to generate a $5 billion reduction in Medicaid spending through 2010 and $39 billion overall to entitlement programs for that period. (thax E.T.) ******************************************************** USE OF "SEGWAYs" ON TRANSPORTATION VEHICLES ******************************************************** TO: Keith Kessler Founder Disabled Action Committee FR: Olegario D. Cantos VII Special Counsel to the Assistant Attorney General Civil Rights Division U.S. Department of Justice - - - - - - - - - - Keith, in light of your past or present work with people with disabilities, I figured that the following information would be of benefit to you. It concerns segways being used as mobility aids for people with mobility impairments who wish to use segways on public transit. This official ruling has been released by the Disability Law Coordinating Council of the U.S. Department of Transportation. Please direct any questions to John Benison with the Office of the Secretary of Transportation. He may be reached by email at john.benison@ost.dot.gov. Hope this helps. Thanks, Keith. I hope you are doing well. --Ollie ***** DEPARTMENT OF TRANSPORTATION DISABILITY LAW GUIDANCE USE OF "SEGWAYs" ON TRANSPORTATION VEHICLES This guidance document concerns the question of whether transportation entities (e.g., transit authorities, Amtrak) should permit the "Segway" personal transportation device to be used on transportation vehicles when used as a mobility device by people with disabilities. The Segway is a two-wheeled, gyroscopicallystabilized, battery-powered personal transportation device. The Segway is not designed primarily for use by individuals with disabilities, nor is it used primarily by such individuals. However, some individuals with disabilities may use a Segway as a personal mobility aid, in lieu of more traditional devices like a wheelchair or scooter. The Department?s ADA rule (49 CFR Part 37, §37.3) defines a "wheelchair" as "a mobility aid belonging to any class of three or four-wheeled vehicles, designed for and used by individuals with mobility impairments..." (emphasis added). By this definition, a Segway is not a wheelchair. However, a Segway, when used by a person with a disability as a mobility device, is part of the broad class of mobility aids that Part 37 intends will be accommodated (see for instance §§37.5 and 37.165). In this way, a Segway occupies a legal position analogous to canes, walkers, etc. Because a Segway is not a wheelchair, the ADA regulation's provisions for lift and securement use specific to wheelchairs §37.165(a) (e)) do not apply to Segways and their users. However, §37.165(g) requires transit providers to "permit individuals with disabilities who do not use wheelchairs" to use a vehicle's lift or ramp to enter the vehicle. Individuals who do not use wheelchairs commonly use the lift together with their non-wheelchair mobility devices, such as canes, crutches or walkers. Under this provision, an ndividual with a disability who uses a Segway as a mobility device must be permitted to use the lift. This is not to say that transportation providers are required to allow all Segway users to bring their devices on board a bus or train. Transportation providers may establish their own general policies regarding Segways and other devices, just as they do with respect to pets or bicycles. However, when a device is being used as a mobility device by a person with a mobility-related disability, then the transportation provider must permit the person and his or her device onto the vehicle. This is analogous to the situation in which a transportation provider that has a general policy that does not permit pets to enter, but must permit a person with a disability to bring a service animal into a vehicle. Also, a transportation provider is not required to permit anyone -- including a person with a disability -- to bring a device onto a vehicle that is too big or that is determined to pose a direct threat to the safety of others. With respect to size, a non-wheelchair mobility device that exceeds the size and weight standards for a "common wheelchair" (i.e., 30 x 48 inches, measured two inches above the ground, and not exceeding 600 pounds, including the user) can reasonably be considered too large. The direct threat standard is intentionally stringent (i.e., requiring a determination that there is a significant risk to the health or safety of others that cannot be eliminated by modification of policies, procedures, practices, or by the provision of auxiliary aids or services). A transportation provider seeking to exclude a mobility device on direct threat grounds should first consult with the appropriate DOT operating administration for guidance. We note that this analysis would apply to other situations. For example, a Federal Highway Administration-assisted recreational trail that normally cannot permit use by motorized vehicles should accommodate Segways when used as a mobility device by someone with a mobility-related disability. This guidance has been approved through the Department of Transportation's Disability Law Coordinating Council as representing the official views of the Department on this matter. September 1, 2005 - - - - - - - - - ----------- Olegario D. Cantos VII Special Counsel to the Assistant Attorney General Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue, NW, Room 5529 Washington, DC 20530 Voice: (202) 616-7920 TDD: (202) 514-0617 Fax: (202) 307-2839 Email: Ollie.Cantos@usdoj.gov ******************************************************** CAPS ON MEDICARE THERAPY ******************************************************** Dear Marci, I began receiving occupational therapy last month after I suffered a stroke. Both my doctor and my therapist believe I will need a fairly long course of therapy, but they warned me that this year there are limits on how much Medicare will pay for therapy. Is that true? I can’t afford to pay for it myself. Is there anything I can do to get Medicare to cover these services? –Janet (Oklahoma City, OK) Dear Janet, Yes, it is true, but you may be able to get more therapy covered by Medicare with the help of your therapist. As of January 1, 2006, Congress placed a cap on how much outpatient therapy it will cover each year. This year Medicare will cover up to A-) $1,740 worth of physical therapy (PT) and speech-language pathology (SLP) combined; and another B-) $1,740 worth of occupational therapy (OT). After you have paid your annual Part B deductible, Medicare will pay 80 percent of the Medicare-approved amount for each service (up to a total of $1,392) and you have to pay the remainder. Beyond the limit, you will be responsible for the full cost of the services (100 percent). The therapy limits apply to outpatient therapy received at: *therapists' or doctors' offices; *outpatient rehabilitation facilities, including Comprehensive Outpatient Rehabilitation Facilities; *skilled nursing facilities for outpatients or residents who do not have Medicare-covered stays; and *home, when not part of a Medicare-covered home health benefit. Note: If you receive outpatient therapy at a hospital outpatient department, you will not be limited to $1,740 in Medicare-covered services. The cap does not apply to outpatient therapies received at hospital outpatient departments unless provided by the hospital’s Medicare-certified skilled nursing facility. If you were receiving your therapy at a location where the therapy cap applies, your therapy is prescribed for a current condition , and your doctor or therapist says you need more therapy than the cap allows, you should ask your therapist about an exception. There are two types of exceptions: If you have a condition included on the list Medicare has developed, your therapist can bill as many additional therapy services as medically necessary by using a special code. This is called an automatic exception. (For this list and more information about how your therapist should bill, see the Resources section below.) If your condition is not on the list, you may get more therapy covered by asking your therapist to submit a written request (manual exception ) to Medicare through the regional Part B carrier. Your therapist will have to include specific information about your treatment plan, your progress, how many more therapy sessions you need, and why you need them (medical necessity). Your therapist should submit the request before you reach the cap so you will not have a gap in coverage. You can only get up to 15 additional sessions approved per request. Your therapist can make additional requests when you have used up your additional sessions. Your therapist should find out exactly what forms and procedures your regional Part B carrier requires to file an exception. (For links to the web sites of the regional Part B carriers, see the Resources;section below.) If Medicare does not respond within 10 days, your exception will be granted automatically. Exceptions for each type of therapy—physical, occupational and speech-language—are approved separately. If you request an exception and are denied, you cannot appeal . You can however, continue to receive services and agree to pay for additional therapy services yourself and ask your therapist to bill Medicare. When Medicare denies the claim, you can use all the levels of Medicare appeals, up to federal court. The cap took effect in January, several months before Medicare put in place its exceptions procedures. If you have received any therapy services this year that Medicare did not cover, you can ask your therapist to submit a claim for retroactive coverage. Medicare will only provide retroactive coverage upon request. Stay tuned next week to learn about how Medicare helps cardiac recovery patients get moving through a unique exercise program benefit! –Marci (medicarerights) =============================== 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 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 V6-#56 Wednesday, April 04, 2006 -- No Vote, No Voice! ======================================================== While our Virginia General Assembly members are still in "special session" because our House of Delegates can't come to agreement with our Senate on "one" item, yes, I said "one" item, and that is our never ending transportation debate, I decided to help nudge them a bit. Whew, what a long sentence! That's about how long our transportation issues have been ignored and exactly why you, the constituents of this state, have no budget to plan your agendas and services. If you'd like to see this nonsense end, I urge you to contact your state delegate(s) and remind them that they are "supposed" to represent "us" and come to a compromise that will not only end our budget snafu, but, also seriously address our "long term" ongoing transportation issues without robbing our General Funds that provide essential services to the state. Tell them you're mad and elections will come around again and if they keep playing these games we "will" remember "who" NOT to vote for in our next election. In other words do your jobs, (some) delegates, so we have a budget without more band aid fixes for long term problems. What's so hard about that??????? OR risk the wrath of my never ending sarcasm :) NEXT Tell Your Representative: Oppose The Budget Resolution Because It Sacrifices America's Priorities To Give Tax Breaks To The Rich The House is expected to vote this week on a budget that cuts human needs programs and enacts more tax breaks that favor the wealthy. Moderate House members are starting to break away from their right-wing leaders -- meaning we have a real shot at defeating these cuts! The toll-free number below is available until the House votes and can be used to connect to the Capitol switchboard. The people at the switchboard can connect you to your Representative's office or help you figure out who your Rep. is if you're not sure. CALL (800) 459-1887 NEXT ----> OTHER GREAT NEWSLETTERS:) April Information Summary - C7 from Maggie Roffee Special Alerts and Information or: http://members.aol.com/dac4va/information.htm Independencebound Newsletter March 2006 by Jackie Marquette www.independencebound.com Spreading the word about Life IS Full by Jenny Carlton http://www.lifeisfull.com/ NEXT Normal People Don't Want to Know Us: First-Hand Experiences and Perspectives On Stigma and Discrimination http://delphinegrrl.googlepages.com/execsum NEXT Programme for World Congress on Autism Please find attached the Provisional Programme for the upcoming World Congress on Autism - "Autism Safari - Exploring New Territories" that will take place in Cape Town, South Africa starting Monday 30th October and closing Thursday 2nd November 2006. If you cannot access this Excel document, please let me know and I will send the "Word" Document version. This programme will be loaded onto the congress web page (www.autismcongress.com) within the next week and we ask that you view it regularly as although we hope there will be minimal changes, it is possible that presenters will change their titles etc. As you will see, we have a truly wonderful and comprehensive programme and we look forward to welcoming you to Cape Town later this year. Please distribute this programme to all people you believe may be interested in attending this congress. Kind regards Jill Stacey National Director Autism South Africa P.O. Box 84209 Greenside. 2034 South Africa Tel: +27 11 486 3696 Fax: +27 11 486 2619 Mobile: 083 449 5179 Please note that Autism South Africa has a new web address. www.autismsouthafrica.org NEXT Information on helmets to prevent and reduce the severity of brain injuries Subject: Resource Alert: New “Which Helmet for Which Activity” Guide At a press event this morning at the U. .S. Consumer Product Safety Commission's (CPSC) headquarters, Chairman Hal Stratton released CPSC's new guide, "Which Helmet for Which Activity." This safety brochure is being released in conjunction with "Brain Injury Awareness Month." CPSC believes the guide will help consumers determine the best type of helmet for their activity and help to prevent head and brain injuries. Different activities require different helmets, and there are helmets for every season's sports. Each type of helmet is designed to protect a person's head from the impact that can take place in the particular sport for which it is intended. In a collision or fall, a helmet absorbs most of the impact energy, instead of a person's head. The brochure lists specific helmet types recommended for various activities, and shows which Federal CPSC Safety Standard is applicable for each helmet type. These standards can be found on a helmet's label or packaging materials. A table included in the press release provides estimates of the total number of head injuries in the U.S. for 2004 for ten selected sports, and the number of those cases treated in hospital emergency rooms. Over 330,000 head injuries are estimated to have occurred, with nearly 17,000 cases of hospitalization; it's noted that many of these injuries could have been prevented through proper helmet usage. Ice skating Olympic gold medalist and sports commentator Dick Button, a national spokesman for the Brain Injury Association of America, spoke about his brain injury due to a fall on the ice and strongly encouraged greater helmet use. The press release can be read online at: <http://www.cpsc.gov/cpscpub/prerel/prhtml06/06122.html>. CPSC's "Which Helmet for Which Activity" guide is a FREE publication and can be ordered by calling CPSC's Hotline at (800) 638-2772. The brochure can also be downloaded at: http://www.cpsc.gov/CPSCPUB/PUBS/349.pdf. NEXT New law in Idaho--is this what mental health courts lead to? http://www.boiseweekly.com/gyrobase/Content?oid=oid%3A160243 NEXT Applicants Sought for 2006-2007 PARTNERS IN POLICYMAKING Advocacy and Leadership Training For Immediate Release Monday, April 03, 2006 For More Information: John Richmond at john.richmond@vbpd.virginia.gov Teri Barker Morgan at teri.barker@vbpd.virginia.gov 1-800-846-4464 (toll free, voice & TTY) Recruitment for the PARTNERS IN POLICYMAKING Class of 2007 Is Under Way! v Partners in Policymaking participants are people with developmental disabilities or parents of young children with developmental disabilities. v Individuals participating in the program will attend advocacy training, resource development and skill building workshops with training provided by state and national level speakers, presenters and specialists in a variety of fields. Topics covered include the history of the disability movement, self advocacy, independent living, supported employment, inclusive community building, natural supports, legislative advocacy, assistive technology, communication, team building and much more! v Program participants will attend and participate in eight two-day sessions, from Friday afternoon and to late Saturday afternoon, in Richmond, Virginia. Exact dates will be posted shortly with one session per month in September, October and November 2006 and January, February, March, April and May 2007. Participants agree to complete all homework, class assignments and one major project designed to meet competencies. v Expenses for training, lodging, meals and travel are provided through the program. v Applicants are required to complete a formal, written application and provide three letters of recommendation. Download your application at www.vaboard.org. Click on Sponsored Programs, then Partners in Policymaking. Completed applications must be received at the Virginia Board for People with Disabilities’ office no later than Friday, April 28, 2006. For further information, please contact John Richmond at john.richmond@vbpd.virginia.gov, Teri Marker Morgan at teri.barker@vbpd.virginia.gov or call 1-800-846-4464 (toll-free, voice & TTY). AND Court-Ordered Injunction Ends Illegal Rx Drug Imports A New York district court has imposed a permanent injunction on Canada Care Drugs Inc. that bars the company from importing and marketing prescription drugs. The injunction is the result of a legal process begun in 2004 after FDA made undercover buys of illegal prescription drugs from Canada Care that bypassed consumer safety protections inherent in the U.S. distribution system. http://www.fda.gov/bbs/topics/NEWS/2006/NEW01345.html Much more news so read, enjoy and comment if you wish:) Keith- ======================================================== 1. NOT A LAW 2. IL NET REGIONAL POLICY BRIEFINGS (TELECONFERENCE) 3. VBPD STATE PLAN FOR PUBLIC COMMENT 4. APRIL HUD CAMPAIGN - RURAL HOUSING PROGRAMS 5. ABA CONF. ON EMPLOYMENT OF ATTORNEYS W/DISABILITIES 6. IMPROVING SSDI WORK INCENTIVES 7. REACH & TEACH - ORGANIZE YOUR THOUGHTS - RESOLVING CONFLICTS ======================================================== ******************************************************** NOT A LAW ******************************************************** Washington Post Editorial Not a Law A bill passed by only one house of Congress just doesn't count. Saturday, April 1, 2006; A16 IT'S GRADE school stuff: To become law, a bill must pass both houses of Congress in identical form and be signed by the president or approved over his veto. A bill passed by only one house -- or passed by both houses in different forms -- is not a law. Unless, that is, the bill is the Deficit Reduction Omnibus Reconciliation Act of 2005, and complying with the Constitution would be really, really inconvenient to President Bush and Republican congressional leaders. This odd case arose because of a clerical error when the bill, designed to cut federal spending, was sent from the Senate to the House. The Senate passed it in December -- with Vice President Cheney breaking a tie -- complete with a provision to restrict government leases of certain health care equipment to 13 months. By the time the House had passed the bill, however, the 13 months had accidentally become 36 months -- which amounted to a $2 billion change. Yet instead of correcting the error and voting again, Congress simply presented the Senate bill to President Bush, along with House Speaker J. Dennis Hastert's erroneous attestation that the House had passed it. The bill, as a lawsuit filed by Public Citizen last week alleges, is not a valid law under the Constitution. The administration and congressional leaders defend it, citing an 1892 Supreme Court decision that held that the courts will not look behind certifications like Mr. Hastert's if there is a factual dispute about whether the process spelled out in the Constitution was followed. Here, however, there is no factual dispute: Nobody contends that the House passed the bill Mr. Bush signed. And as the court noted back then, "There is no authority in the presiding officers of the House of Representatives and the Senate to attest by their signatures . . . any bill not passed by Congress." Indeed, for the courts to consider Mr. Hastert's certification the end of the matter would deal a real blow to the legislative system the Constitution envisions. Could Mr. Hastert have simply sent the Senate version of, say, the USA Patriot Act for Mr. Bush's signature? What about a Senate bill the speaker likes but that the House would never pass? The courts are rightly reluctant to resolve matters of legislative procedure, regarding them as political questions. But they should not acquiesce to a law that never passed. (thax S.W.) ******************************************************** IL NET REGIONAL POLICY BRIEFINGS (TELECONFERENCE) ******************************************************** Join us AT NO COST for the first ever IL NET Regional Policy Briefing Series IL NET, a collaborative project of NCIL and ILRU, is happy to announce a series of 90 minute Regional Policy Briefings to bring people up to date on national issues that affect people with disabilities. In anticipation of the Annual NCIL conference, we will discuss a series of priority issues in depth. We will also bring you access to national policy leaders for a question and answer session. For those of you who will not be at NCIL's 2006 Annual Conference on Independent Living, this will provide you with valuable and timely information that you can use in your community. Please share this save the date request far and wide so that our issues reach many people. AGENDA Welcome & Introduction Overview of Priority Issues Brief update on other subcommittees and issues Housing Q & A Civil Rights / ADA Q & A MiCASSA / PAS Q & A Appropriations Q & A Regional Strategies State Strategies Final Q & A SCHEDULE Regions I & II Tuesday, April 25 3 pm EST / 2pm CST 90 minutes TELECONFERENCE CALL-IN: Call-in Number: 800.261.2045 Automated Code: 16430# WEBCAST LOG-ON: http://www.ilru.org/html/training/webcasts/calendar.html Regions III & IV Monday, April 24 3:00pm EST / 2:00pm CST 90 minutes TELECONFERENCE CALL-IN: Call-in Number: 800.261.2045 Automated Code: 16430# WEBCAST LOG-ON: http://www.ilru.org/html/training/webcasts/calendar.html Regions V & VII Monday, April 17 3:00pm EST / 2:00pm CST 90 minutes TELECONFERENCE CALL-IN: Call-in Number: 800.261.2045 Automated Code: 16430# WEBCAST LOG-ON: http://www.ilru.org/html/training/webcasts/calendar.html Regions VI & VIII Thursday, April 13 4:00pm EST / 3:00pm CST / 2:00pm MST 90 minutes TELECONFERENCE CALL-IN: Call-in Number: 800.261.2045 Automated Code: 16430# WEBCAST LOG-ON: http://www.ilru.org/html/training/webcasts/calendar.html Regions IX & X Monday, April 24 3:00pm MST / 2:00pm PST / Apr. 25, 8:00am Guam 90 minutes TELECONFERENCE CALL-IN: Call-in Number: 800.261.2045 Automated Code: 16433# WEBCAST LOG-ON: http://www.ilru.org/html/training/webcasts/calendar.html YOUR HOSTS Corey Rowley Vice-President of the NCIL Governing Board Chair of NCIL's Legislative & Advocacy Committee Bob Michaels Co-Chair of NCIL's Employment Subcommittee Karen Avery & Brian Peters Co-Chairs of NCIL's Housing Subcommittee Stan Holbrook & Judy Roy Co-Chairs of NCIL's Health Care / Personal Assistant Services (PAS) Subcommittee Kelly Anthony Chair of NCIL's Civil Rights / ADA Subcommittee Your NCIL Regional Representatives and IL NET Regional Coordinators will also be on these calls: NCIL Mary Margaret Moore (NCIL, Region 1), Todd Vaarwerk (NCIL, Region 2), Ann Watts Meadows (NCIL, Region 3), Dan Kessler (NCIL, Region 4), Tim Sheehan (NCIL, Region 5), Jeff Hughes (NCIL, Region 6), Shannon Jones (NCIL, Region 7), Bill Young (NCIL, Region 8), Louis Frick (NCIL, Region 9), John Dziennik (NCIL, Region 10) IL NET Richard Farrauggio (IL NET, Regions 1 & 2), Mike Norris (IL NET Regions 3 & 4), Kathy Hatch (IL NET, Regions 5 & 7), Carri George (IL NET, Region 6), Julie Ballinger (IL NET, Region 8), Bob Michaels (IL NET, Regions 9 & 10) QUESTIONS? CONTACT DANIEL DAVIS OR TIM FUCHS AT NCIL 202.207.0334 (V) 202.207.0340 (TTY) tim@ncil.org or daniel@ncil.org (E-mail) ******************************************************** VBPD STATE PLAN FOR PUBLIC COMMENT ******************************************************** Virginia Board for People with Disabilities Releases Draft 2007-2011 State Plan for Public Comment The Virginia Board for People with Disabilities, Virginia’s Developmental Disabilities Planning (DD) Council, announces the release of its proposed 2007-2011 State Plan for public comment. Under federal law, each state’s DD Council receives funds to carry out systems-change, capacity-building, and advocacy initiatives. Through these activities, DD Councils improve and expand opportunities for the independence, productivity, inclusion and integration of people with disabilities in their communities. Federal law further requires DD Councils to develop five year state plans that guide their activities and ensure that they optimally fulfill their missions on behalf of people with disabilities, their family members, service providers, and other disability stakeholders. A DD Council’s state plan provides a basic framework for its principal funding initiatives, staff work priorities, and Council member activities. Council members and staff may undertake other activities not included in their state plan as resources permit; however, federal law requires that the primary focus for a Council’s use of federal resources comply with its five year state plan. DD Council five year state plans are reviewed and up-dated as needed on an annual basis. Achievements of stated goals and objectives are reported in December of each year for the previous federal fiscal year. In accordance with federal requirements, the accompanying draft of the Virginia Board for People with Disabilities 2007-2011 State Plan is being released for a 45-day public comment period. Public comment will be accepted through May 15, 2006 and may be submitted to the Virginia Board as indicated below. Following compilation and consideration of that public comment, the Board will amend the plan as appropriate and approve it to take effect on October 1, 2006. A copy of the Virginia Board’s 2007-2011 State Plan in “pdf” format accompanies this announcement. It may also be accessed in both “pdf” and “doc” formats at http://www.vaboard.org/. Copies of the State Plan in other accessible formats may be obtained by contacting the Board as indicated below or at info@vbpd.virginia.gov. Public comment on the State Plan, preferably in writing, may be submitted to the Board at: Virginia Board for People with Disabilities 202 N. 9th Street, 9th Floor Richmond, VA 23219 804-786-0016 (voice & TTY) 800-846-4464 (toll-free, voice & TTY) 804-786-1118 (fax) VBPD@vbpd.virginia.gov ******************************************************** APRIL HUD CAMPAIGN - RURAL HOUSING PROGRAMS ******************************************************** April HUD Campaign - 3/06 ADAPT recently announced its "April HUD Campaign" and requested disability advocates throughout the country to take four specific actions: "One of the biggest barriers to getting and keeping folks out of institutions is the ability to access affordable, accessible, integrated housing. ADAPT has proposed to HUD Secretary Aflphonso Jackson a beginning solution to this problem called "ACCESS ACROSS AMERICA." "ACCESS ACROSS AMERICA" would coordinate the receipt o a Section 8 voucher when an individual is transitioning out of or is in jeopardy of going into an institution. Secretary Jackson has ignored the need for accessible, affordable, integrated housing for people with disabilities. To get the attention of HUD and Secretary Jackson ADAPT is proposing an April HUD Campaign: 1. Go to your local HUD or PHA offices on a weekly basis and distribute the "Wanted Poster," (a copy of which can be obtained by emailing bobkafka@earthlink.net. ) (Expand the distribution to other areas if you think it would be effective.) 2. Meet with your local PHA about designating vouchers for folks transitioning out or in jeopardy of going into institutions. 3. Work with other organization to get their support for "ACCESS ACROSS AMERICA" and ask them to distribute the "Wanted Poster." 4. Hold some type of press event outlining the drastic need for accessible, affordable, integrated housing. For an Institution Free America, The ADAPT Community Passionately fighting for what does not exist, YET!" AND Rural Housing Programs USDA Notices of Available Funds - Information Bulletin # 104 (3/06) The U.S. Department of Agriculture recently announced the availability of federal financial assistance under a number of its housing programs for FY 2006. You (and your States) should inquire if your State will apply for these funds. (Application deadlines are in May, 2006. To obtain a complete list, telephone your State or Regional USDA Office or Google "federal register" for March 20, 2006.) Because these funds are not targeted for persons with disabilities, the disability community will have to take the initiative and put accessibility and disability into your State's requests. Allocation of these funds are competitive among the States. What follows are a limited number of highlights. For your assistance, we've provided the statutory section (to which these funds are connected) since USDA refers to these programs by these section numbers. For Multi-Family Housing: 1. $99 million available for Rental Housing Loans, of which $24.7 m for new construction (section 515). 2. $638 million for Rental Assistance Subsidy (section 521). 3. $99 million for Rental Housing Loan Guarantees (section 538). 4. $15.8 million for a new demonstration Rural Housing Voucher Program (section 542) [discussed below in more detail]. For Single-Family Housing: 1. $3.5 billion Home Ownership Loan Guarantees (for purchases) (section 502). 2. $243 million Home Ownership Loan Guarantees (for refinancing) (section 502). 3. $ 564 million for Direct Home Ownership for very low-income subsidized loans and $564 m for low-income subsidized loans (Section 502). With regards specifically to the $15.8 million in demonstration funds for a Rural Housing Voucher Program, the USDA requires recipients reside in a Section 515 financed unit. USDA notes that its voucher program will be administered similar to HUD's "section 8 housing vouchers." USDA eligibility for families requires that annual incomes do not exceed 80% of the area median income. Whether or not - and how much - your State receives these funds depends a lot on your organizing disabled persons. Some questions for disability advocates: Do you know for 2005 or any year how many Direct or Guaranteed Section 502 Loans were made to your State? What is the total outstanding Section 502 Loans? How many units receive Rental Assistance Subsidies under Section 521? Under the Rental Housing Direct Loans (Section 515)? How does your State compare with other States? 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 divided into different subjects. To contact Steve Gold directly, write to stevegoldada@cs.com -- Steve Gold, The Disability Odyssey continues Back issues of other Information Bulletins are available online at http://www.stevegoldada.com ******************************************************** ABA CONF. ON EMPLOYMENT OF ATTORNEYS W/DISABILITIES ******************************************************** ABA Conference on the Employment of Attorneys with Disabilities Dear Colleagues: In the spirit of strong cross-agency support of the U.S. Equal Employment Opportunity Commission (EEOC), which is co-sponsoring the first-ever American Bar Association President's Conference on the Employment of Lawyers with Disabilities in conjunction with the organization's Commission on Mental and Physical Disability Law, I am pleased to forward the following information to you as a public service. The historic event will be held on Monday and Tuesday, May 22-23, 2006, at the Renaissance Washington Hotel in Washington, DC. Further details are provided below. The Conference represents a wonderful opportunity for law students, attorneys, and others in the legal profession to network with one another, exchange information and ideas, and join forces in order proactively to address the many issues surrounding the need to increase employment and advancement opportunities. As people come together both to strengthen dialog and to devise specific concrete next action steps, leaders from law schools, private firms of all sizes, the judicial system, government agencies at every level, and public interest organizations in communities of every size may better enjoy the benefit that comes from aggressively recruiting, hiring, and promoting qualified individuals with disabilities who possess the kind of talent that anyone would want, not because the person has a disability, but more accurately because these individuals --like those without disabilities-- have much to offer. I encourage you to spread the word about this Conference in order to enable others around you to benefit from what I am now sharing with you. Your simple act of forwarding this material may very well make a difference in someone's life. Those having questions may contact Michael J. Stratton at (202) 662-1570 or may reach him by email directly at cmpdl@abanet.org. Thank you and, as always, warmest wishes to you. Sincerely, Olegario D. Cantos VII Special Counsel to the Assistant Attorney General Civil Rights Division U.S. Department of Justice Conference Site: Renaissance Washington, DC Hotel 999 Ninth St. NW, Washington DC 20001 A block of rooms has been reserved at the Renaissance for attendees at $239 per night. Contact the hotel directly at (202) 898-9000 or at 1-800-MARRIOTT for reservations. Please refer to the ABA Conference on the Employment of Lawyers with Disabilities code when making reservations: abaabaa. After April 24, 2006, or when the block of rooms is sold out, rooms at the ABA rate may not be available. Disability-Related Accommodations. For accommodations information and requests, please email Michael J. Stratton at cmpdl@abanet.org or call (202) 662-1570. MCLE Credit. Continuing legal education credit has been requested, but please be aware that each state has its own requirements for attendees and speakers. Certificates of attendance will be available on site for those who register for CLE. After the Conference, you may contact the ABA Service Center at 1-800-285-2221 to confirm CLE credit hours approved by your state. Attendees are encouraged to register online at: http://www.abanet.org/disability/events/06/nationalconference/home.html ******************************************************** IMPROVING SSDI WORK INCENTIVES ******************************************************** Policy Proposals for Improving SSDI, SSI and Medicaid Work Incentives Prepared By Jensen and Silverstein Allen Jensen and Robert "Bobby" Silverstein recently proposed policies for improving SSDI work incentives (e.g., addressing the cash cliff). Policies for updating and improving SSI and Medicaid work incentives are also proposed. These proposals are the product of a research project funded by the Social Security Administration (SSA) through a sub-award from the Disability Research Institute (DRI) at the University of Illinois at Urbana-Champaign. Additional funding was provided by the Robert Wood Johnson Foundation. The policy proposals developed by the project team (referred to as the Gradual Reduction Choice Option and Related Policy Proposals) recognize the heterogeneous nature of the SSDI disability population and the many variables impacting the ability of persons with severe disabilities to sustain a substantial level of earnings over a significant period of time. The policy proposals are designed to enhance the quality of life and financial independence of SSDI and SSI beneficiaries and at the same time facilitate net long-range cost savings (or at least not result in additional costs) to the Social Security Trust Fund, the U.S. Treasury, and the states. In a nutshell, the proposals provide SSDI beneficiaries with an informed choice (which entails tradeoffs) between current SSDI policy (which includes the cash cliff) and an alternative, which includes a $1 for $2 gradual reduction in benefits after an initial earned income disregard of one-half of the dollar value of the monthly Substantial Gainful Activity (SGA) level and continued attachment to the SSDI program when benefits are reduced to zero as long as the individual's severe impairments continue. The proposals also encourage work for both the SSDI and SSI populations by making the programs' work incentives similar and thus easier to understand and utilize. In addition, the project team suggests related policies for enhancing SSI, Section 1619, and Medicaid work incentives. Finally, the project team developed a framework for conducting cost estimates of an SSDI policy which entails a $1 for $2 gradual reduction of benefits as earnings increase. Links to the papers prepared by the project staff are as follows: * SSDI Gradual Reduction Choice Proposal and Related Policy Proposals - www.dri.uiuc.edu/research/p05-12h/default.htm * A Framework for Preparing Cost Estimates for SSDI $1 for $2 Gradual Reduction Demonstration Proposals www.dri.uiuc.edu/research/p05-12h/default.htm Contact Information ------------------- Allen Jensen Robert Silverstein Director, Director, Work Incentives Project Center for the Study and Center for Health Services Advancement of Disability Policy Research and Policy 1660 L Street, NW, Suite 701 George Washington University Washington, D.C. 20036 2021 K Street, N.W. Suite 800 Washington, DC 20006 Phone: (202)530-2319 (202) 783-5111 Fax: (202)530-2336 (202) 783-8250 Email: ihoacj@gwumc.edu Bobby@CSADP.org Web: www.medicaidbuyin.org www.disabilitypolicycenter.org (thax jfa) ******************************************************** REACH & TEACH - ORGANIZE YOUR THOUGHTS - RESOLVING CONFLICTS ******************************************************** Reach and Teach All Students This is one of my favorite resources on Inclusional Education, practical, easy to implement strategies and full of examples. Sometimes, it's classroom management that needs to be in place prior to anything else, if you need some solid advice on...read more Organize Your Thoughts Graphic organizers are a great method for students to organize their thoughts, ideas and sequences. Learning disabled students, especially in the areas of language respond much more favorably when given a graphic organizer in most written tasks. All graphic organizers...read more Resolving Conflicts Between Teachers/Parents Unfortunately as much as we prefer not to engage in conflict over our children/students, sometimes it just happens. What are the effective ways of dealing with conflict? How do you resolve conflict and keep both parties happy? Read on for...read more (thax about.com) =============================== 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 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 V6-#55 Wednesday, March 28, 2006 -- No Vote, No Voice! ======================================================== Today, Virginia lost it's eldest statesman and a fine gentleman legislator as Delegate Harry J. Parrish from Manassas, passed away after two years of ill health. Delegate Parrish was in his 13th term as a Delegate and he was always a man of class, style and grace. I met Harry several years ago and immediately liked him for his honesty and compassion to others. I'll miss Harry but I'll rest assured knowing he will continue looking down upon us and watching out for our best interests. DAC sends its sincere condolences to the Parrish family. Read our first story.... NEXT ESRD Seeking Family Touched by Kidney Disease for Possible Segment of Extreme Makeover Home Edition The producers of Extreme Makeover Home Edition are looking for a wonderful family that has been hit hard by kidney disease and or transplantation. Specifically, the story could be of a child or grandparent that provides for the family that no longer can, someone who turned tragedy into triumph and is helping others cope with this illness, or alternatively, someone who donated a kidney to a total stranger. It is very important that the family OWN their home, are loved by their neighbors and community, are telegenic, energetic and well spoken, and, of course, their house must need a ton of work! The show is seeking families who live in the following states: * Minnesota * Michigan * Illinois * Wisconsin * Indiana * Iowa * Ohio * Nebraska * Connecticut * Vermont * Virginia * Maryland If you think you know a family who fits the bill, please email me at ellies@kidney.org and I will give you the information on how to apply. The application deadline is April 7 so we need to move fast to take advantage of this opportunity. NEXT Announcing the final rule establishing a new disability determination process for the Social Security Administration Today, (28th) Commissioner Jo Anne B. Barnhart announced that the final rule establishing a new disability determination process is on public display at the Office of the Federal Register. As Executive Director of Disability Service Improvement, I join Commissioner Barnhart in thanking you for your comments and suggestions throughout the development of the final rule. To learn more, I invite you to visit www.socialsecurity.gov/disability-new-approach. I look forward to continuing our dialogue during implementation. Sincerely, Mary Chatel NEXT NEW STRATEGIES HELP DEPRESSED PATIENTS BECOME SYMPTOM-FREE http://www.nimh.nih.gov/ NEXT Support for Students with Intellecutal Disabilities-Work Study Funds/HEA TODAY we need your support to open up Work Study funds for students with intellectual disabilities Contact your Representative in support of Pete Session's amendment to the Higher Ed Act, which would allow individuals enrolled in postsecondary programs for students with intellectual disabilities (mental retardation) to use work study funds. Act now by clicking on this link: http://join.buddywalk.org/site/R?i=KedYE_S-19I58bssfLQYtA.. to send an email today. The amendment is expected to be voted on this Wednesday, March 29. Rep. Session's amendment would allow institutions of higher education (IHE) that have comprehensive programs for students wtih intellectual disabilities (mental retardation) to offer work study opportunities to these students. A growing number of two and four-year colleges and universities are now offering services and programs for students with intellectual disabilities. Over 100 such programs are listed on http://join.buddywalk.org/site/R?i=GGZ9PxOKsjI3oW1DNIIYMw... These programs are more likely to lead to employment and independent living in the community. Typically, students in these programs do not have access to financial aid. If approved, Rep. Session's amendment would help them pay for their postsecondary expenses. This paid work will also provide important employment experience and lead to real, paid work after their postsecondary education. For more information about postsecondary programs fro students with intellectual disabilities and the amendment, visit the NDSS website at http://join.buddywalk.org/site/R?i=3dAql1S64QKqUtg_0lZ_qw... Please take a minute to click on this link http://join.buddywalk.org/site/R?i=lD0p4zbQ4YfxbBn---QZdQ.. and send an email to support this rare opportunity to open up Work Study funds for students with intellectual disabilities. If you have questions or comments about this alert, contact Stephanie Smith Lee at javascript:parent.ComposeTo('stephanieLee123@aol.com');. If you or others you know would like to be added to the NDSS mailing list, send name(s) and email address to javascript:parent.ComposeTo('info@ndss.org'); AND ACTION NEEDED TO SAVE MEALS ON WHEELS IN VA http://guidetoretirementliving.com/wordpress/?p=121 Much more news so read, enjoy and comment if you wish:) Keith- ======================================================== 1. DELEGATE HARRY J. PARRISH 2. CMS MEDICARE FACTS, WOES AND OTHER PROBLEMS 3. FORCED ISOLATION 4. FDA ISSUES GUIDANCE ON HOSPITAL BED DESIGN 5. CONF CALL: ASSAULT ON STATE CONSUMER PROTECTIONS 6. RESOLVING CONFLICTS BETWEEN TEACHERS/PARENTS ======================================================== ******************************************************** DELEGATE HARRY J. PARRISH ******************************************************** These are the kind of letters I hate to write but with respect to one of two truly gentleman legislators I've ever had a chance to meet and talk with I must pay my respects. On Tuesday, March 28, 2006, Delegate Harry J. Parrish passed away after suffering ill health the past two years. Harry was a man of men. He worked tirelessly for the benefit of all Virginians despite political affiliation. Senator Charles J. Colgan, another man of men whom I respect, was a good friend of Harry's and together they both watched out for Virginia's best interest. You just don't find good people of the caliber of Delegate Parrish or Senator Colgan for that matter. I know people from across Prince William County will miss Harry Parrish and those that knew him in business and politics will also miss him in Richmond and Manassas. It's a bittersweet day but I'm proud to have had the opportunity to know Harry Parrish and recognize his many contributions to not only this state but to our country as well. Everyone who knew Harry knows he lived life with class, style and grace. My sincere condolences to the Parrish family. Keith Kessler - DAC ******************************************************** CMS MEDICARE FACTS, WOES AND OTHER PROBLEMS ******************************************************** 1. FAST FACT According to a recent report, if Medicare could negotiate the same schedule of prices used by Australia’s health service, the savings to the Medicare program and to people with Medicare over the first eight years of the Part D program would be almost $560 billion (“The Excess Cost of the Medicare Drug Benefit,” Center for Economic and Policy Research/Institute for America’s Future, February 2006). 2. GROUPS CHALLENGE CONSTITUTIONALITY OF 2005 BUDGET LAW The constitutionality of the 2005 budget law is being challenged in separate lawsuits arguing that the bill signed by President Bush on February 8 is invalid because it is a different version of the bill than the one passed by the House of Representatives. The Deficit Reduction Act of 2005 (DRA) cut federal funding of Medicare, Medicaid, student loans and other welfare programs by more than $39 billion. According to a complaint filed by Public Citizen, a nonprofit consumer advocacy organization, the Senate passed an amended version of the DRA 51 to 50. Before sending the DRA to the House, the Senate clerk made a clerical error that altered Medicare reimbursement for certain durable medical equipment. On February 1, the House voted on the version of the DRA that contained the clerk’s error by a vote of 216 to 214. Before sending the DRA onto the White House, a Senate clerk altered the legislation passed by the House, changing the durable medical equipment provision back to the language approved by the Senate. Public Citizen argues that the version of the DRA signed by the president was passed by the Senate, but not by the House. This discrepancy violates Article 1, section 7 of the Constitution requiring identical versions of a bill to be approved by both the Senate and the House before a bill is signed into law by the president. According to statements made by the House leadership, members of Congress had informed the White House of the error prior to the signing ceremony. The constitutionality of the DRA also features in separate challenges mounted against Medicare hospital payment rates in Tennessee and Michigan state Medicaid policies. 3. CMS ENROLLMENT PLAN FOR LOW INCOME KEEPS LATE PENALTY A late enrollment penalty would still apply to low-income people with Medicare who sign up for a Part D prescription drug plan during a special enrollment period established for people who qualify for the Extra Help program after May 15, the deadline for Part D enrollment, according to administration officials. The Centers for Medicare & Medicaid Services (CMS) proposed a special enrollment period for people who qualify for Extra Help after May 15 in a draft call letter to prescription drug plans released February 21. However, in the final rule for the Part D benefit, CMS maintained that it can legally waive late enrollment penalty only for someone who has not been adequately informed that his or her coverage is not “creditable.” Only people with creditable coverage—coverage that is as good as or better than the Part D benefit—are exempted from the late enrollment penalty. The late enrollment penalty is designed to dissuade people with Medicare from delaying enrollment in Part D until they have drug costs high enough to require coverage. If only those with high drug bills enroll in the program, then premiums for drug coverage will rise. But it does not appear that the desire to save on premiums is discouraging enrollment, particularly for low-income people who have premiums fully or partially subsidized by the Extra Help program. Next month, CMS will automatically enroll over one million low-income people who have qualified for zero-premium coverage under the Extra Help program but have still not selected a Part D plan. The failure of this group to select a drug plan illustrates the difficulties and confusion people with Medicare are experiencing with Part D. Under Medicare Part B, people are automatically enrolled and have the choice to opt out. Part D, however, requires people to choose from an array of private insurance companies. The late enrollment penalty has little bite during the May 15 to November 15 period when those newly eligible for the Extra Help program would receive a special enrollment period. The penalty is calculated at 1 percent of the year’s base premium—$32.20 for 2006—for each full month after May 15 during which someone lacked either Part D or other “creditable” coverage. For example, someone who enrolled effective August 1 would be hit with a surcharge of 64 cents per month. People with Medicare who qualify for full premium subsidies—those with limited assets earning less than 135 percent of the poverty line—would pay only 20 percent of that penalty, or 12 cents per month. 4. SENATE REFERENDUM ON MEDICARE PART D After a rocky implementation period, and widespread voter dissatisfaction with the Part D drug benefit for people with Medicare, congressional pressure is mounting to make changes to the Part D program. During last week’s Senate budget debate, a number of amendments were offered by Senate Republicans and Democrats to address multiple problems in the nation’s second largest health insurance program. While adoption of these amendments is largely symbolic and will require additional legislation to implement real change, Washington insiders are using these votes to measure the likelihood of real fixes being passed by Congress this year. Senator Charles Grassley, Republican of Iowa and chair of the Senate Finance Committee, introduced an amendment, which passed 76-22, signaling Senate support and funding flexibility for extending the Part D enrollment deadline. However, the amendment stops short of giving the Secretary of Health and Human Services (HHS) the authority to extend the deadline; additional legislation would still be required. Grassley’s amendment undercut support for an amendment by Senator Bill Nelson, Democrat of Florida, which would have given Senate support and budget leeway for legislation to extend Part D enrollment through 2006, eliminate the enrollment penalty for that period and give people with Medicare one chance to switch plans during the year. Nelson’s amendment was rejected in a 49-49 tie vote. An amendment offered by Senator Olympia Snow, Republican of Maine, and Senator Ron Wyden, Democrat of Oregon, giving HHS the authority to negotiate Medicare drug prices was approved 54-44. Snowe said the vote clears a major hurdle to passage of a drug negotiation bill because now such a bill only needs 51 votes, not 60, to pass. Snowe’s amendment received a lift when AARP came out in favor of the amendment saying in a letter dated March 13 “improvements to the Medicare Modernization Act are necessary to strengthen the benefit and the Medicare program.” The Senate, however, rejected an amendment offered by Senator Debbie Stabenow, Democrat of Michigan, seeking Senate support for legislation to provide a Medicare-administered drug plan option and improve the standard Part D benefit. Stabenow’s measure failed by a vote of 60-39. An amendment offered by Senator Jeff Bingaman, Democrat of New Mexico, targeted a proposed Senate rule requiring 60 votes to pass legislation that would increases expenditures for any entitlement program (Medicare, Medicaid and SCHIP) if the share of Medicare funding from general revenues is projected to exceed 45 percent. Bingaman’s amendment striking the provision lost on a 50-50 tie vote. The nonprofit think tank, the Center on Budget and Policy Priorities, called the 45 percent trigger “an arbitrary benchmark laden with ideological overtones and inconsistent with Medicare’s basic financing structure.” The Senate also adopted language by Senator Kay Bailey Hutchison, Republican of Texas, signaling Senate support for deficit-neutral legislation to remedy a 2007 Medicare pay cut for doctors. 5. HHS RELEASES UPDATED PART D ENROLLMENT FIGURES The Department of Health and Human Services (HHS) released updated enrollment figures last week announcing that 1.9 million people have signed up for a Part D plan since mid-February. The total number of voluntary enrollment is approximately 7.2 million. Consumer advocates suggest that the new enrollment numbers do not indicate growing public support for the Part D program. “Enrollment in private drug plans is increasing, but so too are the anger and dissatisfaction of people in the plans,” said Medicare Rights Center President Robert M. Hayes. “Increasingly, older Americans who call our hotlines for help are reporting how inadequate and unreliable the benefit is. Coverage gaps, excessive out-of-pocket costs and routine denials of coverage for needed drugs are commonplace.” Mr. Hayes also referenced a new report by the California HealthCare Foundation showing that prescription drug coverage under California Medicaid was more generous that the current Part D program. The report also found that coverage varies widely for people with Medicare and Medicaid depending on the plan they were assigned. (thax medicarerights) ******************************************************** FORCED ISOLATION ******************************************************** Forced Isolation March 23, 2006 • Volume 6, Issue 12 Medicare works because it is based on the principle that medical necessity--the genuine needs of the patient--will determine what services are covered. Health care is Medicare’s bottom line, not the earnings projections of insurance companies. For the most part, that means decisions by the doctor treating the patient hold sway. Increasingly, with the advent of high-cost drugs and devices, doctors at the Centers for Medicare & Medicaid Services (CMS) develop guidelines to determine when and how specific procedures or products will be covered. Although Medicare’s financial health looms in the background, the determinant of these coverage decisions is medical science. Medicare’s coverage of wheelchairs is an unfortunate exception. Focusing only on the potential costs of coverage and not on the needs of people with Medicare, CMS officials have seized on a myopic reading of the Medicare statute to deny coverage of wheelchairs, in particular power wheelchairs, to people who need them to get around outside their home. This results in arbitrary denials. People with apartments too small for a power wheelchair are denied a device that could also get them down the street. Those in more spacious quarters get coverage, allowing them to scoot from room to room and to the grocery store. People who summon all their willpower and strength to hobble around a small apartment get no help for tasks that are beyond them and their front door. The policy also has hidden costs, both for Medicare and for America. How many falls, broken hips and hospital visits result when those denied wheelchair nevertheless try to leave their home on unsteady feet? How many of those trapped in their homes succumb to depression, letting lapse the routines that help keep them healthy? What wisdom and work have we lost by needlessly confining older Americans to their houses and apartments? Last summer 34 senators and 61 representatives asked Health and Human Services Secretary Michael Leavitt to revisit CMS’ legal interpretation and lift the “in the home” restriction. Their demands were rejected, as were pleas from consumer and disability advocates, doctors and nurses, and people with Medicare. CMS’ reading of the statute is legally wrong, but this administration has made clear it will not change its mind. Senator Jeff Bingaman, Democrat of New Mexico, plans to introduce a bill that would clarify the statutory language, enabling coverage for wheelchairs and other mobility devices needed outside the home. That effort deserves our support. Urge your senator to cosponsor the Medicare Independent Living Act of 2006 . (thax mcadvocacyupdate) ******************************************************** FDA ISSUES GUIDANCE ON HOSPITAL BED DESIGN ******************************************************** FDA Issues Guidance on Hospital Bed Design to Reduce Patient Entrapment A Richmond, Virginia, skilled nursing facility was cleared of charges that a patient was not asphyxiated because his head was entangled in the bed rail. Instead, the patient's death was determined to be more likely the result of asphyxia caused by compression of the chest cavity compounded by a heart condition. Testing of the bed showed that the rail and the older mattress in use met safety requirements. According to the ruling by the Appeals Board of the U. S. Department of Health and Human Services, the Richmond Health and Rehabilitation Complex-Kenwood provided residents with an accident-free environment in compliance with Medicare regulations, and no enforcement penalty should be imposed due to the death of the patient. Every year the U. S. Food and Drug Administration receives dozens of incidents of patients being caught, trapped, entangled, or strangled in hospital beds. Between January 1, 1985, and January 1, 2006, the reports included 413 deaths, 120 nonfatal injuries, and 158 cases where staff needed to intervene to prevent injuries. Elderly patients in hospitals and nursing homes, especially those who are frail, confused, restless, or who have uncontrollable body movement, are most vulnerable to entrapment. Entrapments have occurred in a variety of patient care settings, including hospitals, nursing homes, and private homes. Long-term care facilities such as nursing homes reported the majority of the entrapments. To help prevent these injuries, the FDA has released "Hospital Bed System Dimensional and Assessment Guidance to Reduce Entrapment." This guidance provides recommendations for manufacturers of new hospital beds and for facilities with existing beds (including hospitals, nursing homes, and private residences). The guidance characterizes the body parts at risk for entrapment, identifies the locations of hospital bed openings that are potential entrapment areas, recommends dimensional criteria for new hospital bed systems, provides information about reporting entrapment adverse events, and includes a description of recommended test methods for assessing gaps in hospital bed systems. Key body parts at risk of entrapment are the head, neck, and chest. Potential zones of entrapment in a hospital bed system are:* Zone 1 : Within the rail* Zone 2 : Under the rail, between the rail supports or next to a single rail support* Zone 3 : Between the rail and the mattress* Zone 4 : Between the rail, at the ends of the rail* Zone 5 : Between split bed rails* Zone 6 : Between the end of the rail and the side edge of the head or foot board* Zone 7 : Between the head or foot board and the mattress end "This guidance will assist individuals, families and health care facilities in making better informed decisions to ensure a safe sleeping environment for people who need these beds," said Larry Kessler, Sc.D., Director, Office of Science and Engineering Laboratories, FDA's Center for Devices and Radiological Health. "While not all patients are at risk for an entrapment, and not all hospital beds pose a risk of entrapment, this new guidance will help ensure that new hospital beds are designed to reduce the potential for entrapment and that entrapment risks that may exist with current hospital bed systems are identified. The dimensional assessment described in this guidance may be used as part of a manufacturer's or facility's comprehensive bed safety program," said Kessler. The final guidance, "Guidance for Industry and FDA Staff; Hospital Bed System Dimensional and Assessment Guidance to Reduce Entrapment," is available on FDA's Web site at: http://www.fda.gov/cdrh/beds/. (thax elderfax) ******************************************************** CONF CALL: ASSAULT ON STATE CONSUMER PROTECTIONS ******************************************************** Conference Call: Assault on State Consumer Protections One of the most far-reaching and dangerous pieces of private health insurance market legislation in recent memory has already passed through the Senate Health, Education, Labor and Pensions (HELP) Committee, and may be introduced on the Senate floor within the next few weeks. The so-called Health Insurance Marketplace Modernization Act (HIMMA, S.1955, a.ka. the "Enzi Bill"), introduced by Senator Mike Enzi (R-Wyoming), was approved by the Senate HELP Committee on a party line vote on Wednesday, March 15. If this legislation were to pass through Congress, it would have devastating effects not only on the small business health care market, but also the entire state-regulated private health care market. To find out more, visit our new "Enzi Bill" information center. Please join us on Tuesday, April 4 at 3:00 PM Eastern Time for a conference call to discuss the HIMMA/Enzi Bill in greater detail. The call will be moderated by Cheryl Parcham of Families USA. Click Here to RSVP Among other things, the HIMMA/Enzi bill would: Strip away mandated benefits that state legislatures have worked hard to pass over past decades Impede access to health care providers that state legislatures have deemed necessary in their respective states Undermine valuable rating rules that prevent insurers from discriminating based on health status, age, gender, and other criteria that prevent health care costs from skyrocketing for many Americans Negatively affect the health care of 85 million Americans To find out more, visit our new "Enzi Bill" information centerClick Here to RSVP We look forward to your participation next Tuesday. Luis Hestres eAdvocacy Coordinator, Families USA ******************************************************** RESOLVING CONFLICTS BETWEEN TEACHERS/PARENTS ******************************************************** Resolving Conflicts Between Teachers/Parents Unfortunately as much as we prefer not to engage in conflict over our children/students, sometimes it just happens. What are the effective ways of dealing with conflict? How do you resolve conflict and keep both parties happy? Read on for...read more Matching Books to Readers Although I'm asked all the time about what should my first grader or third grader be reading, I much prefer to say let's match the book according to ability which promotes confidence and success at reading. I've compiled a list...read more Free MP3 Audio Books Save time by having the MP3 children's audio books on hand instead of reading them yourself. If you take an audio book and purchase the hard copy, a child will listen to the audio while turning the pages which will...read more (thax about.com) =============================== 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 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 V6-#54 Wednesday, March 22, 2006 -- No Vote, No Voice! ======================================================== Our Virginia "Special Session" of the General Assembly reconvenes on Monday, 27th, and hopefully they can settle on a budget so business can continue and everyone else can organize their budgets before July 1st. Funny thing how a majority republican legislature still can't agree on a balanced budget and runs overtime. Just like the Feds, they must be having too much fun. Oh well, here's some news to keep you entertained too:) SPECIAL REQUEST FOR OUR READERS: After trying every FDA-approved medication to control my epilepsy and having little to no success, the next alternative is VNS surgery. Is anyone familiar with VNS, or do you know of anyone who has had it that might be willing to talk with me to answer some questions and share your experiences? I've had a couple of surgeries and one to remove a right temporal lobe hoping to remove my epilepsy but it didn't eliminate my seizures. Any information to help me decide on the VNS surgery option would be appreciated. If you would like to respond to this person please email your letters to DAC and I will forward them on and put you in touch with each other. Thank you........ Keith- NEXT Making Your Voice Heard: Projects of CHN And Its Member Organizations HUMAN NEEDS PROGRAMS IN THE FEDERAL BUDGET Now that the Senate has passed its budget resolution, the House of Representatives is poised to draft a budget that may be more harmful to low-income people. Find out what you can do about it: http://www.democracyinaction.org/dia/track.jsp?key=96844430&url_num=1&url=http://www.chn.org/issues/opportunityforall/housebudget.html HEALTH CARE Find out what Americans United is doing to fix the Medicare Part D prescription drug program: http://www.democracyinaction.org/dia/track.jsp?key=96844430&url_num=2&url=http://www.americansunitedforchange.org/focus/medicare.htm Find a public event near you that will launch the campaign to fix Part D: http://www.democracyinaction.org/dia/track.jsp?key=96844430&url_num=3&url=http://www.chn.org/pdf/2006/AUevents.pdf IMMIGRANT RIGHTS The Senate may soon take up an immigration bill that is not a solution to our broken immigration system but rather criminalizes undocumented immigrants and many persons who provide services to them. Find out how you can speak out against this drastic and unfair legislation: http://www.democracyinaction.org/dia/track.jsp?key=96844430&url_num=4&url=http://capwiz.com/nclr/issues/alert/?alertid=8605036&queueid=660692541 NEXT Position Opening Director, Open Circle Social Competency Program The Wellesley Centers for Women seek a visionary and collaborative Director to lead the Open Circle Social Competency Program. The new Director will work with Open Circle's talented staff and advisory board to build on the success of the past and guide Open Circle through the opportunities and challenges to come. Established in 1987 at the Stone Center of the Wellesley Centers for Women at Wellesley College, Open Circle is recognized nationally as a leader in addressing the need for social and emotional learning in elementary schools and currently works with over 285 schools in the northeast. Open Circle provides schools with training and tools that help teachers and children in elementary classrooms create a sense of community in the classroom and provide a consistent forum for children to learn and practice social and emotional skills, helping children manage interpersonal problems and creating more time-on-task for learning. Open Circle's extensive programming includes training and materials for all members of the school community. Open Circle's Director is responsible for the vision and planning, financial development, external relations and organizational leadership of the program. The ideal candidate would possess many of the following professional and personal attributes: embodiment in his or her working relationships of the values and social and emotional skills on which Open Circle's work is based; passion for and experience in the fields of education and social and emotional learning; experience in not-for-profit settings as a seasoned, collaborative and energetic leader with demonstrated record of success; Masters or Ph.D. degree in education, psychology, professional development, organizational development, non-profit management, or another related field is preferred. Ability to work in a culturally diverse environment is required. This position reports to the Executive Director of the Wellesley Centers for Women at Wellesley College and is full time, full year. To apply, please submit a cover letter and CV to: Kathryn Scott Administrative Director Wellesley Centers for Women Wellesley College 106 Central Street Wellesley, MA 02481 NEXT Joint Conference VGA/VERC/ and others Yes Virginians there is still time to register for the Joint Conference which will convene in Williamsburg on April 3 and 4. You will find a conference program and registration form on the VGA website at http://www.vgavirginia.org/ and on the State Bar website at www.vsb.org/probone/06JointConf.pdf. Or you may ask me for a conference brochure by emailing me at joyduke@msn.com or calling 804-261-4046. Look forward to seeing you in Williamsburg. Joy Duke joyduke@msn.com 804-261-4046 NEXT CHOICE Home Ownership Education Seminar Announcing CHOICE's Home Ownership Education Seminar on April 29th. It is specifically geared to persons with disabilities who are exploring whether to purchase a home. HOMEOWNERSHIP EDUCATION SEMINAR FOR PEOPLE WITH
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<> ++ ========================================================DAC News V6-#53 Friday, March 17, 2006 -- No Vote, No Voice! ======================================================== Happy St. Patrick's Day everyone! Remember that more people get arrested for drunk driving on this day than New Year's Eve, so be smart, don't drink and drive. In this issue I want to talk about persons with disabilities and jobs. Potential employers are really missing the boat by NOT employing those who have a disability or live with a "minor inconvenience" as I refer to life. We work up to four times harder to accomplish the same amount of work as a so-called able bodied person and often times produce more work, with a better quality, in the same amount of time or less. Persons with disabilities have proven to be highly reliable, cost effective, and productive employee's, yet many disabled remain unemployed. As in the story's below "attitude" has a lot to do with the high unemployment rate but so does our lack of "educating" the public which is OUR responsibility. I'm sure anyone not using a mouthstick to type could produce one of these DAC newsletters in half the time I "once" took, but not any more. I've learned to take many shortcuts and use preformed templates so that now I spend a fraction of the time spent on my original letters, which took me up to 8 hours to produce. One learns to get creative quickly when you have much to do. And this goes without saying on any job I've ever done while either functioning normally (whatever that means) or with my minor inconvenience. What I've always found to be true during my various journeys in life is that you must have a "positive" attitude no matter what your ability and you must "educate" those who may be reluctant at first to give you a try at whatever you wish to pursue. With those two thoughts in mind you'll find that nothing can hold you back in life, if you're determined, other than yourself:) I've never had a problem of ever getting what I wanted if I wanted it bad enough. The same can hold true for you, if you want it too. Now on with the news..... read our first story... NEXT Attitude, Not Cost, Barrier to Disabled Workers From The New Standard, at: http://newstandardnews.net/content/index.cfm/items/2909 Barriers for Disability at Work By Catherine Komp, The NewStandard Posted on March 13, 2006, Printed on March 13, 2006 http://www.alternet.org/story/33341/ NEXT Specter/Harkin won! Warner votes Yes! Thanks to your hard work, I am pleased to report that the Specter-Harkin amendment boosting funding for domestic discretionary funding passed by a vote of 73-27. The amendment increases total appropriations funding for FY 2007 by $7 billion, with the focus on more funding for education, health care and related domestic discretionary spending programs. The recorded vote is pasted below and is available at: http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=2&vote=00058 Your calls clearly made a difference. The 73-27 margin indicates that Senate Republicans remained divided on the vote and your calls undoubtedly helped convince not only our moderate Republican targets but others as well that discretionary spending should not be reduced in order to pay for other budget priorities. The Senate is continuing to vote on other amendments throughout the day and is expected to vote on the budget resolution later tonight. We'll keep you posted regarding other significant developments. Thanks again for all of your efforts this week. NEXT CA Court Orders Community Mental Health Services for Thousands of Foster Children Court Orders Community Mental Health Services for Thousands of California Foster Children On March 14, 2006, the federal district court in Los Angeles ordered the state of California to provide mental health services that will enable tens of thousands of foster children to avoid institutional care. The order came in a three-year-old class action lawsuit known as Katie A. v. Bonta, which challenges the longstanding practice of confining abused and neglected children in costly hospitals and large group homes instead of providing mental health services that would enable them to stay in their own homes and communities. “This order is a tremendous victory for California’s most vulnerable children and should lead to major restructuring of how mental health services are delivered to foster youth,” said Robert Newman, an attorney at the Western Center on Law & Poverty and lead counsel in the case. for rest of article go to: http://www.bazelon.org/newsroom/2006/3-15-06-KatieAPI.html ELECTRICAL IMPULSES FOSTER INSULATION OF BRAIN CELLS, SPEEDING COMMUNICATIONS This NIH News Release is available online at: http://www.nih.gov/news/pr/mar2006/nichd-17.htm New York Puts Mental Patients in Homes Illegally, Groups Say New York State regularly sends patients from mental hospitals to nursing homes, where it illegally houses hundreds of them without the care they need and often under conditions that approach imprisonment, according to legal groups designated by the state to represent the disabled. Read more: www.nytimes.com/2006/03/08/nyregion/08mental.html State Checking Bissett Abuse Allegations Dear JFA Readers: The following article is from the Springfield News-Leader in Springfield, MO. Wes Johnson, the reporter for this story, also interviewed AAPD's President and CEO Andy Imparato. State Checking Bissett Abuse Allegations More parents tell of other examples of possible abuse of a fifth-grade girl. Wes Johnson News-Leader www.news-leader.com/apps/pbcs.dll/article?AID=/20060309/NEWS04/603090372 Real People - Real Voices on March 19 in Nashville, TN Dear JFA Readers: AAPD's Andy Imparato; Dr. Margaret Giannini from the Office of Disability, US Dept. of Health and Human Services; John Lancaster, National Council on Independent Living; Jim Ward, ADA Watch; and other disability leaders will be on a panel to listen to the stories of "real people" on Sunday, March 19, in Nashville, TN. Join ILRU for a Webcast on "Real People-Real Voices" Documenting the Institutional Bias in the American Long Term Care System presented by The ADAPT Community. The date and time: Sunday, March 19, 2006, at 2 ET, 1 CT, Noon MT, and 11 AM PT. People with disabilities who have been institutionalized in nursing facilities and similar institutions will share their personal experience of the Institutional Bias in the American Long Term Care System: What it was like living in an institution; How they managed to get out of the institution; and What it is like now, living in the community. You will listen as this testimony is presented before a panel consisting of representatives from the Department of Health and Human Services Office on Disability; National Council on Disability; American Association of People with Disabilities (AAPD); National Disability Rights Network (NDRN), ADAWatch and the National Council on Independent Living (NCIL). Because we expect a large number of listeners for this web cast, please RSVP to help our technical planning. RSVP to: rsvp_webcast@mcil.org with the word "rsvp" in the subject line. (Note there is an "underscore" between rsvp and webcast). To link to this Webcast and download accompanying materials visit: www.ilru.org/html/training/webcasts/calendar.html For instructions on how to access a Webcast visit: www.ilru.org/html/training/webcasts/instructions.html Please visit this site ahead of time to test and ensure your computer is configured and updated to participate in the Web cast. For technical assistance, please check out our FAQs (frequently asked questions) at: http://www.ilru.org/html/training/webcasts/FAQ.html or contact a Webcast team member at webcast@ilru.org or 713.520.0232 (V), 713.520.5136 (TTY). This Webcast is a collaboration of ILRU with the ADAPT Community. For more information, go to www.adapt.org. Support is received from the National Institute on Disability and Rehabilitation Research. The opinions and views expressed are those of the presenters and no endorsement by the funding agency should be inferred. We hope to see you on Sunday, March 19, 2006. For more Disability News issues, go to: http://www.aapd.com/News/disability/indexdisability.php NEXT March Info Summary - C 7 -- INFORMATION & RESOURCES Special Alerts and Information or: http://members.aol.com/dac4va/information.htm NEXT Articles about how alcohol and steroid supplement use can affect children: Alcohol Use by Children: Signs and Solutions http://www.family.samhsa.gov/get/warnAlcohol.aspx Alcohol can damage every organ in a young person's body, including a child's developing brain. Alcohol impacts motor coordination, impulse control, memory, and judgment. Knowledge is parental power-when you have the facts about alcohol use by children, you can practice prevention. More Steroid Precursors Can Block Teen Athletes From Their Goals http://www.family.samhsa.gov/be/athblocked.aspx Teens who have dreams of athletic stardom may be tempted to use supplements known as "prohormones" or "steroid precursors" to burn fat or to build muscle. They may admire sports figures who use steroids. But should kids use these diet supplements? Are these substances safe or legal? More Much more news so read, enjoy and comment if you wish:) Keith- ======================================================== 1. GOOD JOBS, GOOD BENEFITS (BUT NOT FOR DISABLED WORKERS) 2. SECTION 8 FUNDING LOSS TO 70% OF AGENCIES 3. 12 QUESTIONS PREDICT YOUR RISK OF DYING 4. HOLD YOUR SENATORS ACCOUNTABLE 5. SCAM $299 RING - MEDICARE RX PLAN 6. THE CHILD WHO LIES - WORD WALLS - HIDDEN DISABILITIES ======================================================== ******************************************************** GOOD JOBS, GOOD BENEFITS (BUT NOT FOR DISABLED WORKERS) ******************************************************** Good Jobs, Good Benefits (But Not for Disabled Workers) by Harlan Hahn EDITOR'S NOTE: Last October, a leaked Wal-Mart management memo made headlines. To hold down insurance costs, said the memo, the company should "discourage unhealthy job applicants." News of the memo created a furor. But many companies look for ways to keep "costly" employees out of the labor pool. Here's a report on the practice at the university level. Phrases like "moral hazard" and "risk management" are seldom heard in everyday conversations about jobs. But they are part of a little-known language that is now being used to impose the latest forms of employment discrimination upon disabled adults, including highly qualified professionals. As employers increasingly try to hold down the costs of health insurance and retirement benefits, they are re-examining these concepts in the search for new methods of reducing expenses by removing disabled personnel from the labor force. Perhaps the first thing to be learned about this language is that its terms are presented from the employer's, or the insurer's, point of view. From their standpoint, the most desirable health insurance plans, for example, are those that result in the fewest claims for reimbursement. The term "moral hazard," which is sometimes used in conjunction with the notion of "adverse selection," was developed centuries ago to designate a departure from a rational profit-maximizing calculus made on another basis such as a desire to include all members of the work force within a single insurance pool. To avoid the depletion of capital, if management feels compelled to offer any fringe benefits at all, they might prefer to sell policies only to employees who seldom need to use them. Hence, the concept of "moral hazard" is sometimes applied to disabled workers or others who could be expected to file numerous claims in comparison with a total pool of otherwise young and healthy policyholders. Since most private health insurance is available almost exclusively from employers, there is a strong incentive to reduce the share of disabled personnel to the lowest number possible. The principal means by which businesses and insurers try to restrict the proportion of disabled employees in the labor pool is by placing ubiquitous questions about "pre-existing [health] conditions" on application forms. Obviously, workers with a permanent impairment may find it difficult to hide or disguise a chronic health problem indefinitely. While Sec. 5.5 (f) of Title I of the Americans with Disabilities Act prohibits disability discrimination in "fringe benefits available by virtue of employment," both the absence of any landmark appellate court decision applying this protection to a specific case and the general drift of the Supreme Court in a right-wing direction may indicate that legal defenses in this matter are beginning to evaporate. Occasionally, especially when insurance companies introduce a new plan, they may waive the "pre-existing conditions" barrier. Thus disabled individuals can sometimes slip past the screening intended to exclude them from the work force and the insurance pool. But they frequently can expect to encounter other obstacles to attempting to keep a good job. An increasingly common device for removing disabled workers from employment and insurance rolls has developed under the rubric of "risk management." This concept has been broadly adopted to describe practices intended to accomplish what the name implies, that is, to reduce the risk that an employer or insurer may incur some loss or expense due to increased job hazards, including the possibility that an employee could threaten or engage in unacceptable behavior or misconduct. Since many employers frequently bear an unacknowledged and unspoken aversion or distaste about the presence of visibly disabled people in their midst, the principle of "risk management" may be invoked to support action to terminate a disabled workers who could be identified as a trouble-maker or someone who might reduce the profits of an institution that had--perhaps unwittingly--hired them during a time when the ban on "pre-existing conditions" was temporarily lifted. Like many other disabled persons, words such as "moral hazard' and 'risk management" were little more than abstract notions to me until I began to see their impact on my own life. When I was young, I had foolishly believed that I had found an answer both to my own joblessness and to the persistently high unemployment rates among most disabled persons (which I later learned is more than two-thirds in the U. S.). It then seemed to be in front of me in the American dream: get a good education, a secure job, work hard, and save money to afford the increased cost of attendants I would inevitably need in order to perform all the tasks that might not be able to accomplish by myself when I got older. I thought (I realize now in retrospect) that I had done it all: I earned four advanced degrees (including a Ph.D. from Harvard), I found a stable job as a college professor with tenure (which meant that I ordinarily could not be fired without a damn good reason), I pursued a frugal lifestyle, and I managed to get by without an attendant until my late fifties. But I failed to realize that, with increased seniority, my salary also grew to the point were the university wanted to fire me in order to spend the same amount of money on two or more junior professors whom they believed would bring them more benefit than one old senior professor who stubbornly continues to study disability law and policy (which they claim is not "sexy" enough to attract more students). Now my employers is engaged in legal maneuvers (supposedly based on one class session when I had to raise my voice to quiet some disruptive students) to destroy my tenure and to get rid of me. I will continue to fight their unethical practices, but I think secretly that the outcome will be determined by which side has more money to hire lawyers, and that is a battle that I know the university will ultimately win. Meanwhile, I am still receiving my salary, but I have been prohibited from teaching again "until further notice." Words and theories have consequences. Employers and insurance companies still are able to enjoy a distinct advantage over employees because of concepts such as moral hazard, pre-existing conditions, and risk management that were developed years--and even centuries--ago by judges who were more sympathetic to the prerogatives of employers than to the rights of lowly workers. My hope is that, by understanding the ways these concepts have been manipulated to reinforce employment discrimination, other disabled persons will be able to escape the fate that appears to be awaiting me. Harlan Hahn has had more than 40 years of teaching experience in higher education, including about 30 years at the university which is the subject of this article. # # # Alliance of Disability Advocates Center for Independent Living promotes the advancement of “People First Language.” Alliance of Disability Advocates Center for Independent Living PO Box 12988 Raleigh, NC 27605-2988 919.833.1117 V/TTY 919.833.1171 FAX alliance@alliancecil.org www.alliancecil.org "Whoever defines the words defines the debate." -- Unknown (thax D.R.) ******************************************************** SECTION 8 FUNDING LOSS TO 70% OF AGENCIES ******************************************************** SECTION 8 UPDATE: Section 8 tenants face deeper poverty as a result of Bush policies! MARCH 13 PRESS RELEASE--- From the Center on Budget and Policy Priorities: SECTION 8 CUTS EXPECTED IN 70% OF AGENCIES, UNDER BUSH PROPOSED FY 2007 BUDGET: MANY COMMUNITIES WOULD BE FORCED TO REDUCE NUMBER OF HOUSING VOUCHERS UNDER ADMINISTRATION’S BUDGET: Report Estimates Budget’s Effects on Individual States and Localities The Administration’s proposed budget for the Housing Choice Voucher Program for 2007 would underfund roughly 70 percent of the state and local housing agencies that administer the program, according to a new Center analysis. These agencies would be forced to reduce the number of low-income families receiving rental assistance unless they can reduce costs in other ways. At the same time, about one-quarter of agencies would be overfunded and thus would be able to expand their voucher programs. The voucher program, the nation’s largest low-income housing program, provides low-income households with vouchers they can use to rent housing on the private market. The inefficient allocation of voucher funds under the Administration’s budget reflects flaws in the voucher funding formula the Administration has used in recent years, which underfunds some housing agencies while overfunding others. “Since early 2004, voucher assistance for more than 100,000 families has been lost, not only because Congress didn’t provide sufficient funds but also because the funds were not distributed based on current needs,” said Barbara Sard, director of housing policy at the Center and the report’s lead author. “Given the long and growing waiting lists for vouchers in many communities, that’s a painful loss.” Click below for full Press Release... http://www.cbpp.org/3-13-06hous-pr.htm DID YOU KNOW? [Since early 2004, Section 8 voucher assistance for more than 100,000 families has been lost.] [As a result of the FY 2007 Bush proposals, Housing Authorities across the nation would receive an inadequate share of funding, and one-quarter of all agencies would be able to use less than 90 percent of their authorized vouchers.] [The CBPP estimates that the Bush proposed 2007 budget request would underfund 70 percent of agencies in 2007, forcing them to cut the number of families they serve or reduce the average rent subsidy they provide to each family, which would raise rent burdens on needy families or have other harmful consequences. See report below...] MARCH 13, 2007 CBPP REPORT--- President's 2007 Budget Renews Same Number Of Housing Vouchers Funded In 2006, But Many Local Programs Could Face Cuts Due to Flawed Funding Formula Click below for full devastating report on the Section 8 program... http://www.cbpp.org/3-13-06hous.htm [State-by-state data of Section 8 funding losses] March 13, 2006 WINNERS AND LOSERS UNDER ADMINISTRATION'S 2007 HOUSING VOUCHER FUNDING PLAN Click below for state-specific fact sheets containing information on the Bush funding proposals for the Section 8 program... http://www.cbpp.org/3-13-06hous-states.htm ******************************************************** 12 QUESTIONS PREDICT YOUR RISK OF DYING ******************************************************** The March 13, 2006, issue of Elder Law FAX, a free newsletter published every other Monday by the Elder Law Practice of Timothy L. Takacs 12 Questions Predict Your Risk of Dying Would you like to know what your risk of dying is over the next four years? Whether you will draw your last breath sometime between now and March 2010? That's the premise behind a recent national news story about a twelve-question survey published last month in the Journal of the American Medical Association. Actually, the quiz is a little more complicated than that. According to Dr. Sei J. Lee, a geriatrics researcher at the San Francisco Veterans Affairs Medical Center and lead author of the article, the quiz is actually designed for older adults (age 50 and older) who aren't living in nursing homes or other long-term care institutions. "It is a very natural and human question to want to know, 'what is going to happen to me in the future?'" Dr. Lee told the media. "We know when we talk to doctors that they feel uncomfortable giving prognostic information. ... It takes being wrong once." The survey includes the topics one would expect: age, weight, family history, current illnesses, smoking, and limitations on activities of daily living. Researchers say the quiz is about 81 percent accurate. Even though the answers predict with some accuracy risk of dying over the next four years, researchers caution that a bad score does not necessarily spell doom. Change of diet and exercise can alter the odds. Ready to take the quiz? 1. Your age. Give yourself points based on your age. 60-64: 1 point 65-69: 2 points 70-74: 3 points 75-79: 4 points 80-84: 5 points 85 and older: 7 points 2. Give yourself 2 points if you are a male, no points if you are female. 3. Calculate your body-mass index (BMI). Take your weight in pounds, divide by your height in inches squared, and multiply by 703. Give yourself 1 point if your BMI is less than 25. 4. Two points if you have diabetes or high blood sugar. 5. Two points if you have cancer or a malignant tumor. 6. Two points if you have chronic lung disease that limits activities or requires oxygen use at home. 7. Two points if you have congestive heart failure. 8. Two points if you smoked cigarettes in the past week. 9. Two points if you have difficulty bathing or showering because of a health or memory problem. 10. Two points if you have difficulty managing money or paying bills because of a health or memory problem. 11. Two points if you have difficulty walking several blocks because of a health problem. 12. Two points if you have difficulty pushing or pulling large objects, such as a chair, because of health problems. Here is your risk of dying over the next four years: 0-5 points: Less than 4% 6-9 points: 15% risk 10-13 points: 42% risk 14+ points: 64% risk Remember that you can improve your odds by eliminating or controlling risk factors, such as improving your diet or getting more exercise. Discuss the results of the quiz with your doctor before embarking on any such program. (thax elderfax) ******************************************************** HOLD YOUR SENATORS ACCOUNTABLE ******************************************************** This Is Only a Test March 16, 2006 • Volume 6, Issue 11 This week the American people got a glimpse of where their senators stand on the Part D drug benefit. The picture is a little muddled, but there are glimmers of hope in the vote tallies. An amendment by Senator Bill Nelson, Democrat of Florida, to the 2006 budget resolution that would extend the enrollment period for Part D beyond May 15, fell two votes shy of a majority. Senator Nelson’s amendment would waive late enrollment penalties for 2006 and allow people with Medicare an extra chance to switch plans. The Senate did approve by a 76 to 22 vote an amendment offered by Senator Chuck Grassley, Republican of Iowa and chair of the Finance Committee, which would allow, but not require, the Bush Administration to extend the enrollment period, waive penalties and allow an additional plan change. That same day, President Bush called the May 15 cutoff date a “good deadline” and said he would not roll it back. Senator Grassley explained that people with Medicare may need “pressure” to enroll by May 15. People with Medicare already get plenty of pressure from Part D plan salespeople. The hard sell will only get harder as the deadline nears. People with Medicare do not need more “pressure.” They need an honest accounting of how Part D is working, and how it is failing. Part D’s backers blame critics for discouraging enrollment, but ignore what is driving people with Medicare away from the benefit: restricted drug coverage, high copayments and drug prices, gaps in the benefit, misleading marketing, false information from Medicare and Part D plans, and bad customer service. Those problems are the fault of the Congress and administration that brought us Part D; older Americans and those with disabilities should not have to pay for them through a late enrollment penalty. On a more positive note, 54 senators voted to give Medicare the right to negotiate drug prices under Part D. Like all the Medicare votes this week, this vote was largely symbolic, but it sets the stage for a later vote on a bill co-sponsored by Senator Olympia Snowe, Republican of Maine, and Senator Ron Wyden, Democrat of Oregon, allowing passage by a simple majority of senators. Although the Snowe-Wyden bill would lift a prohibition on direct price negotiations by Medicare, a scandalous provision included at the request of drug manufacturers, it is unclear how the negotiations would work in practice since competing insurance companies, and not Medicare itself, would still deliver the drug benefit. Even more unclear is how an administration that often appears to be captive to the drug industry would exercise statutory authority to drive pharmaceutical prices lower. Unfortunately, only 39 senators, 12 short of a majority, voted for an amendment that would provide drug coverage directly through Medicare. If senators really want the buying power of 43 million people with Medicare to be used to negotiate lower drug prices, a drug benefit provided directly through Medicare is the way to do it. If senators are worried about their constituents getting hit with a late enrollment penalty, and want to eliminate the confusion and frustration with Part D that is suppressing enrollment, a Medicare drug benefit is the way to do it. It has taken older Americans and people with disabilities a few months to figure out that Part D does not provide the health security they have come to expect from Medicare. Senators need a little more time. Go here to send your senator a letter explaining why a Medicare drug benefit is what America needs. (thax medicarerights) ******************************************************** SCAM $299 RING - MEDICARE RX PLAN ******************************************************** A ring of unscrupulous companies is scamming older Americans and people with disabilities by posing as a legitimate Medicare prescription drug plan. The Centers for Medicare & Medicaid Services (CMS) is calling this scheme the “$299Ring” for the amount of money targets of the scam are typically talked into withdrawing from their checking accounts for the nonexistent drug plan. CMS has received complaints from Indiana, Michigan, Pennsylvania, Massachusetts, New Jersey and Georgia. People with Medicare are advised to be on the lookout. Legitimate Medicare drug plans will not ask for payment over the telephone or internet (“Medicare Consumer Alert,” Centers for Medicare & Medicaid Services, March 7, 2006). (thax medicarewatch) ******************************************************** THE CHILD WHO LIES - WORD WALLS - HIDDEN DISABILITIES ******************************************************** The Child Who Lies.... What do you do with the child who tends to be into chronic lying? It's not so unusual and happens in most classrooms. Find out what you can do to curb this behavior....read more Word Walls Word walls for special education students are a great tool to help students learn those everyday words (Dolch Words). Exposure to the most frequently used words helps reluctant readers/writers identify them more readily. Use these free printables to create your...read more Hidden Disabillities Do the following statements sound familiar? "She seems bright enough, but she rarely listens to anything I say and is always engrossed in something." "He seems to do ok in school but I'm concened about his lack of ability to...read more (thax about.com) =============================== 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 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 V6-#52 Thursday, March 09, 2006 -- No Vote, No Voice! ======================================================== I'm sure by now that most of you have heard that Dana Reeve, wife of the late Christopher Reeve, died last Monday, March 6, 2006, from lung cancer. Dana Reeve showed the world what love really is while she cared for her husband until his death in October of 2004 from complications of a spinal cord injury he suffered in 1995. As chair of the Christopher Reeve Foundation and founder of the Christopher and Dana Reeve Paralysis Resource Center, Dana brought much attention and advocacy work to try and find a cure for spinal cord injuries. DAC extends it's sincere condolences to the Reeve family and we recognize the great loss of one terrific woman such as Dana Reeve....... ON A HAPPIER NOTE:) Our friend Kathy May with the ARC of N. VA will be leaving the ARC on March 15th to pursue her new career move as the Director of the Northern Virginia office of "Voices for Virginia’s Children." Good luck and please keep in touch:) NEXT Staff Support for the Virginia Statewide Independent Living Council (SILC) The purpose of this Request for Proposals is to obtain proposals, and subsequently to award, a contract for administrative services to support the operation of the Virginia Statewide Independent Living Council. The Executive Director (Independent Contractor) for the required administrative services will be responsible to and supervised by the Statewide Independent Living Council, through the Council Chairperson, and is under contract with the Department of Rehabilitative Services. Download the full RFP in Word Format now. NEXT VARIATIONS IN GENES CAN INFLUENCE THE RISK OF DEVELOPING AGE-RELATED MACULAR DEGENERATION AND OTHER DISEASE SUCH AS CANCER http://www.cancer.gov/ Charity leaders prosper as 'disabled' is redefined A federal program to help the severely disabled draws scrutiny over executive pay as hiring shifts to a new class of subsidized workers Sunday, March 05, 2006 JEFF KOSSEFF, BRYAN DENSON and LES ZAITZ The Oregonian When Congress created the nation's most ambitious jobs program for Americans with severe disabilities, the idea was straightforward and rich with compassion. Federal agencies would reserve contracts for small nonprofit workshops that hired epileptics, paraplegics and the mentally retarded to make simple products such as mousetraps, blackboards and first-aid kits. The disabled would gain a decent paycheck, some self-esteem and a chance to learn skills that someday might land them a better job. Read more: http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/1141371388106780.xml&coll=7 NEXT Governor Richardson Signs "Money Follows the Person" Governor Richardson signed the MFP bill this morning (Wed, March 8th) and is doing a press event at 1:30 mountain time. Governor Richardson should be commended for working with NM advocates to make this a reality. Thank you to every advocate that contacted the Governor and made him aware how important MFP is to rebalancing the institutional bias in our country. We all need to work with our Governors to make Money Follows the Person a reality in every state in the nation and give every person in an institution the choice to live in the community. For an Institution Free America, The ADAPT Community NEXT ------ You'll enjoy this and who knows how close this is?????? This would never happen - right? http://www.adcritic.com/interactive/view.php?id=5927 NEXT New Drug Program Is a Benefit for AARP A Medicare prescription plan's popularity yields profits, and questions, for the lobbying group. By Ricardo Alonso-Zaldivar Times Staff Writer March 4, 2006 WASHINGTON — In late 2003, when the Bush administration was struggling to get its Medicare prescription drug program through Congress, a timely endorsement by AARP helped turn the tide in its favor. But the program has become more than just a legislative victory for the influential lobbying group and its pro-senior-citizen agenda. The private insurance plan carrying AARP's label is emerging as the leading choice of Medicare beneficiaries signing up for drug coverage. With at least 1.8 million members and counting, the AARP plan has the potential to generate royalty revenues amounting to tens of millions of dollars for the organization. Read more: http://www.latimes.com/news/nationworld/nation/la-na-aarp4mar04,0,1472014.story?track=tottext From the Los Angeles Times NEXT Extra slots to great conference at the Downtown Richmond Marriott next week Region IV Self-Determination and Recovery Conference March 16, 2006 HPR IV and RBHA have some extra slots to great conference at the Downtown Richmond Marriott next week for any consumers/ families who may be interested. (We have parking vouchers for consumers and families). This is a great Self Determination/Recovery conference on Thursday, March 16, 8:45am to 3 or 4pm --- We have Katherine Olson as a consumer speaker, Ruth Ryan and Dan Fisher a psychiatrist also diagnosed as a schizophrenic. -- We have tried to get consumers with MR and MR providers through group channels but we still have lots of room... Sorry for the short notice!. But this is a good free self -determination /self advocacy training opportunity (please give Molly Bowles-- Molly.bowles@csh.dmhmrsas.virginia.gov any names of people who can come) -- If I can be of any assistance, please let me know and thank you for your immediate attention to this invitation! PLUS GREAT FREE BREAKFAST AND LUNCH we really need more consumer participation of folks with cognitive disabilities. Thanks as always Steve -- AND 2006 Conference on Guardianship, Elder Rights, Care Management, and Disability Services Monday and Tuesday, April 3 & 4, 2006 The Woodlands Hotel and Suites, Williamsburg, Virginia Sponsored by the Virginia Guardianship Association, the Virginia Elder Rights Coalition, and the National Association of Geriatric Care Managers, with support from the Virginia Board for People with Disabilities. Keynote Speaker for the conference will be Nancy Dubler, attorney, Professor, and Head of the Department of Epidemiology and Population Health at Montefoire Medical Center, Albert Einstein College of Medicine, New York. Her work focuses on contemporary issues in bioethics, law, and society including bioethics consultation with a focus on mediation, care for vulnerable populations, and research ethics. Her books include Mediating Bioethical Disputes: Seeking Consensus in Conflict (United Hospital Fund of New York, 2004), Mediating Bioethical Disputes: A Practical Guide (United Hospital Fund, 1994), and Ethics on Call: Taking Charge of Life and Death Choices in Today's Health Care System (Vintage Books, 1993). The conference will include two additional plenary sessions. Attorneys Jean Galloway Ball, Gerald Rugel, and Shawn Majette will present a panel discussion on "Treating the Objecting Mentally Ill Ward: What is a Guardian to do?" Judge James F. Almand of the Arlington Circuit Court will present "A View of Guardianship From the Bench and The General Assembly." Workshops will cover such topics as: "Legal and Financial Aspects of Continuing Care Retirement Communities (CCRCs)" by Laurie Duncan and Jean Gallorway Ball, "Preplanning Funeral And/or Disposition for a Ward -- Arranging Matters for the Living to Secure their Dignified Passing" by John Boyle of Murphy Funeral Homes, "But I Don't Want to Leave!": Challenging an Involuntary Nursing Home Discharge" by attorney Kathy Pyror, State Ombudsman Joani Latimer, and paralegal Anne See, "Preventing and Litigating Fiduciary Abuse Cases: Fiduciary Accountings, Contesting Estate and Trust Matters, and Contested Guardianships" by attorney Christopher McCarthy, "Negotiating the Medicare Drug Benefit Maze" by attorney Leslie Fried, and more… (Continuing Education Units may be available.) For more information, including a full conference schedule, registration form, and hotel accommodations, visit the Virginia Guardianship Association website at: http://www.vgavirginia.org/conferences.asp or contact Joy Duke at 804-261-4046 or joyduke@msn.com Much more news so read, enjoy and comment if you wish:) Keith- ======================================================== 1. UTAH: JUDGE RULES AGAINST DISABLED RESIDENTS - NJ: ADVOCATE RALLYS 2. DOJ SUES NY STATE OVER VOTING RIGHTS 3. GILMAN INTERNATIONAL SCHOLARSHIP 4. INVITATION FROM NCD'S YOUTH ADVISORY COMMITTEE 5. NAT. CONF. ON REUSE OF ASSISTIVE TECH. DEVICES 6. STUDENTS AGAINST VIOLENCE EVERYWHERE SUMMIT APRIL 1st ======================================================== ******************************************************** UT: JUDGE RULES AGAINST DISABLED RESIDENTS - NJ: ADVOCATE RALLYS ******************************************************** UTAH: Judge rules against disabled residents By Pamela Manson The Salt Lake Tribune March 1, 2006 In a decision made public today, a judge ruled that Utah's lengthy waiting list for disabled residents seeking aid does not violate federal law and rejected a request that he order the state to come up with a plan to provide help "at a reasonable rate." U.S. District Judge Dale Kimball said the disabled Utahns who sued the state failed to show they are at imminent risk of institutionalization because of a lack of support services. Compelling the Division of Services for People with Disabilities (DSPD) to serve everyone currently on the waiting list - approximately 1,750 Utahns - "constitutes an impermissible request for accommodation that would interfere with a comprehensive, effectively working process," the judge said in a written order. Kimball, while expressing sympathy for the disabled Utahns and their families, noted that DSPD would need at least $8 million more each year to provide the immediate help. The division has a budget of approximately $167 million and served about 4,250 people last year. The Salt Lake City-based Disability Law Center filed a class-action lawsuit in 2002 that said some people have been waiting years for services and are at risk of being institutionalized as they lose basic skills and their conditions deteriorate. The suit alleged that requiring people with mental retardation and other conditions to wait so long violated the federal Americans With Disabilities Act and the Rehabilitation Act. State officials denied all allegations and said developmentally disabled people with the greatest need are served first. Budget limitations make it impossible to eliminate the wait, they said. A four-day non-jury trial on the issue was held in January before Kimball. ++ NEW JERSEY: Advocate rallies support for disabled
**Some people grin and bear it. Others smile and
change it.** ++ ========================================================DAC News V6-#51 Wednesday, March 01, 2006 -- No Vote, No Voice! ======================================================== On Sunday, February 26, 2006, the CBS program 60 Minutes aired a very interesting segment on stem cell research for Spinal Cord Injuries (SCI's) with work performed in part by Dr. Hans Keirstead. I immediately followed up on this report with an email and received the following letter with information regarding Dr. Keirstead and many others who work on SCI's. Please read the letter here if interested: StemCell.htm or: http://members.aol.com/dac4va/StemCell.htm NEXT, HELP WANTED IN NEW ORLEANS I am trying to find help for a therapeutic riding center, Pointe Celeste, located south of New Orleans. It was destroyed by Katrina and Rita. Our goal is to rebuild the facility ASAP. Twice weekly patients from handicapped centers and Children's Hospital in New Orleans participated in free lessons. The children and adults have been displaced and confined in overcrowded centers state wide. They have been through so much. We are desperately trying to reopen this center and have it available to them. We are a nonprofit center and rely on donations and volunteers. The parish, where the center resides, was destroyed and funding has seized. At the stable, we have cleared the land, now are ready to rebuild. The main building has been salvaged. Our goal is to open the center by April. We need your help and donations to achieve this goal. If you can raise money for our riding center or refer us to a riding club or another resource, it would be greatly appreciated. We are in need of volunteers, as well. We can't rebuild the 12 handicapped centers that were destroyed by Katrina and Rita. They were homes to so many handicapped children and adults that visited our center. We can offer a visit to our stables, at no charge. The therapeutic riding allows them to walk, without a wheelchair. The mental and physical benefits for them cannot be measured it is so great. You are invited to visit our stables any time. Thank you for your kindness, Melinda Riso 225-757-0425 6236 Destrehan Dr. Baton Rouge, LA 70820 mriso@cox.net Pointe Celeste Therapeutic Riding Center Volunteer website - photos http://PCTRC.org/ Parish (county) website http://www.plaqueminesparish.com/ NEXT FirstGov News From FirstGov.gov http://firstgov.gov The Official U.S. Government Web Portal Vol. 5, No. 2 February 27, 2006 To read our illustrated online version, go to: http://www.pueblo.gsa.gov/firstgovnews/fgnewsv5-2.htm In this issue, we'll look at Getting It Done Online, RSS Feeds, and recent additions to FirstGov.gov's News and Features. Get It Done Online Why wait in line when you can get it done online at FirstGov.gov? You can: -- Find Student Financial Aid -- E-File Your Taxes -- Apply for a Government Job -- Shop Government Auctions -- and much more! Get access to over 100 online services at: http://www.firstgov.gov/Citizen/Services.shtml NEXT Oscar Nominated Murderball on A&E Information at http://www.aetv.com/indiefilms/murderball/index.jsp -February 28th, 10:30PM -March 1st, 2AM -March 12, 12PM Purchase a copy at http://www.shepherd.org NEXT - AARP IN VA AARP Virginia, in partnership with the Virginia Health Quality Center and SeniorNavigator, is sponsoring 2 Smart Choices: Help With Your Healthcare Decisions seminars in NoVA. They are free and open to the public but registration is required. Details follow. Date: Wednesday, March 15 Time: 8:30 a.m. 1:00 p.m. Location: First Baptist Church of Alexandria, 2932 King Street, Alexandria, VA Date: Thursday, March 16 Time: 8:30 a.m. 1:30 p.m. Location: The Elks Lodge, 8421 Arlington Boulevard, Fairfax, VA 22031 Contact: For more information and to RSVP, please call AARP at 1-877-926-8300 In the world of healthcare, consumers are regularly faced with choices. Making good choices requires good information. That¹s why AARP Virginia is teaming up with the Virginia Health Quality Center and SeniorNavigator.com to offer a special program that will give participants the information they need to be a smarter healthcare consumer. Smart Choices is designed to give participants the information they need to navigate today¹s healthcare system. The program will provide participants with an overview of important decisions they may make when confronted with their healthcare needs. Participants will learn valuable information about topics such as: · The new Medicare Prescription Drug Benefit. · Everything you need to know about your Medicare rights. · How to use Medicare Compare to select a hospital, nursing home or home healthcare service. · Using the Internet to find local healthcare information. For anyone who has ever felt that the healthcare system is too confusing, then this is the program for them. Staff from AARP Virginia, the Virginia Health Quality Center and SeniorNavigator.com will present this special program. Participants will have ample time for questions and will leave with resources that will help them make Smart Choices with their healthcare decisions. The program is free, but seating is limited. To register, call the AARP Virginia toll free registration line at 1-877-926-8300. Be sure to register early to guarantee a seat. Amber Nightingale Associate State Director Community Outreach AARP Virginia 703.931.0758 office 703.622.8806 cell 703.931.0893 fax NEXT CA 'Terrible Initiative' Withdrawn California Assistant Attorney General Alberto Gonzales has told activists there that the 'Opportunity to Repair' Act (www.raggededgemagazine.com/departments/news/000720.html) has been withdrawn and will not appear as a ballot initiative in November. At this time, it's unclear as to who was instrumental getting the measure, termed the "terrible initiative" by activists, to be removed from consideration. Gonzales has confirmed via email that "SA 2005 RF 0148 or 'Opportunity to Repair Act 2006'" was one of the initiatives for which "the attorney general's office received a request for withdrawal." Sources say CA State Senator Joseph Dunn (D. - Garden Grove) may have been instrumental in getting the ballot initiative withdrawn, although this has not been confirmed. The initiative would have removed the teeth from California access laws, allowing businesses to wait until sued to provide access -- and removing the payment of attorney fees or damages in access cases. Activists have mounted a vigorous effort (www.raggededgemagazine.com/departments/closerlook/000771.html) against the initiative, which was to have been circulated for the required number of citizen signatures in February. Several weeks ago, the National Council on Disability sent a letter (www.raggededgemagazine.com/departments/news/000784.html) to California's attorney general warning that the initiative was "undermining the provisions of the Americans with Disabilities Act." One access activist is now suggesting a state-wide "televised summit to provide those of us with disabilities living in California an opportunity to discuss" with the business community "the lack of access in the built environment throughout the state." (thax jfa) Progress of IDEA Implementation TOPIC: Marking the Progress of I.D.E.A. Implementation WHERE: Montpelier Room of the Library of Congress, Madison Building (6th floor, 2nd and Independence, SE) WHEN: Friday, March 3, 2006, 12:00 noon to 2:00 p.m. Unprecedented in scope, this six-year study focusing on congressionally mandated questions identifies the progress made by states, districts, and schools and what they have yet to accomplish. The research is based on surveys of states and nationally representative samples of districts and schools. Major findings focus on the responsiveness of states to Federal special education mandates, progress made by states and districts to strengthen parental involvement and help students with disabilities make effective secondary transitions, the actions taken to decrease dropouts among students with disabilities, the placement of minority students with disabilities in the least restrictive environment, and finally, the capacity of schools to educate students with disabilities. Resource: Author Ellen Schiller, Project Director, The Study of State and Local Implementation of the Individuals with Disabilities Education Act (SLIIDEA), Abt Associates Inc. Required reservations may be sent by email (bleitham@aera.net) to Barbara Leitham at AERA. Limited available seating is assigned according to the order in which reservations are received. Thirteen dollars for the subsidized lunch will be collected at the door. This luncheon is sponsored by the Institute for Educational Leadership, and the American Educational Research Association. For more events posted by AAPD, go to: http://www.aapd.com/calendar/calendar.php NEXT Virginia: say no to new communications tax The Virginia Senate will be voting this week on a bill (HB 568) that would create a new tax on satellite radio. Please call or email your state Senator to say that you oppose this new tax. You can find out the name and contact number of your Senator at the following website: Who is my state senator? HB 568 is intended to tax companies that provide similar services, like telephone companies, cable companies, and satellite television (DBS) providers, in a similar manner. But the bill creates NEW TAXES on satellite radio, even though satellite radio does not compete with telephone, cable, or DBS. The bill specifically exempts traditional radio, Internet radio, and music downloads from the new tax WHILE IMPOSING A NEW TAX ON SATELLITE RADIO SERVICES LIKE XM. Please tell your Senator that you OPPOSE this new satellite radio tax, and ask him or her to vote “NO” on HB 568 as currently drafted. Tell your Senator that satellite radio should be EXEMPT from this tax, just like traditional radio and Internet radio. You can find more information about the bill at: HB 568 NEXT STUDY IMPLICATES POTASSIUM CHANNEL MUTATIONS IN NEURODEGENERATION AND MENTAL RETARDATION http://www.ninds.nih.gov/ Risk Management Plan for Accutane to Start March 1 Starting March 1, a strengthened risk management plan called iPLEDGE will inform women about the risk of becoming pregnant while taking the acne drug Accutane and its generics. Accutane has known potential serious side effects, including birth defects (when pregnant women take the drug) and an association with depression. http://www.fda.gov/bbs/topics/NEWS/2006/NEW01324.html Supplements With Banned Ephedrine Alkaloids Seized U.S. marshals have seized varying quantities of three different dietary supplements distributed by Georgia-based Hi-Tech Pharmaceuticals that contain prohibited ephedrine alkaloids. Studies have linked ephedrine alkaloids, which FDA banned from sale in dietary supplements in 2004, to serious adverse health effects, including heart attack and strokes. http://www.fda.gov/bbs/topics/NEWS/2006/NEW01325.html AND FREE ONLINE NEWSLETTER........A good read:) ....kk- Walking the Path, Becoming “Remarkably Able” Identifying gifts, interests, and talents in individuals with ASD and others who are differently abled Free Online Newsletter by Jackie Marquette Parent, Author, Educator, Researcher February 2006 Jackie@independencebound.com www.independencebound.com Much more news so read, enjoy and comment if you wish:) Keith- ======================================================== 1. BEWARE OF MEDICARE RX SCAM ARTISTS 2. DEAR MARCI - MEDICARE Q & A 3. YOUTH LEADERSHIP DEADLINE NOW MARCH 10TH 4. DYSLEXIC? READING DIFFICULTIES? WHAT DOES IT MEAN TO BE GIFTED? 5. NCD JOB - RESEARCH OPPORTUNITY 6. PART D TRANSITION PROBLEMS PERSIST 7. BUDGET EVASIONS 8. RAGGED EDGE ======================================================== ******************************************************** BEWARE OF MEDICARE RX SCAM ARTISTS ******************************************************** Medicare Recipients: Beware of Scam Artists Selling Medicare Prescription Drug Coverage, Warns the Federal Government The federal government has started a new Medicare Prescription Drug coverage benefit for Medicare beneficiaries. Over the past several months, the new Medicare drug coverage plan has been featured in several issues of Elder Law FAX -- see, for example, our December 26, 2005, issue. Enrollment for the program began on January 1st. Private insurance companies, whose plans have been approved by Medicare, are selling these new Medicare Prescription Drug Plans (also called PDPs). Insurance agents are selling this product to Medicare beneficiaries. There are millions of people on Medicare eligible for the program and there is a lot of sales activity going on between now and May 15 (the end of the open enrollment period). The Centers for Medicare & Medicaid Services, the federal government agency that runs the Medicare programs, says, "We are concerned that scam artists will try to take advantage of the situation and try to steal your money." Here are some tips from the Medicare agency to avoid becoming the victim of a scam artist: * Beware of door-to-door salesmen. Agents cannot solicit business at your home without an appointment. Don't let them into your home. * Check with your state's insurance department (available through http://www.naic.org/state_web_map.htm) to make sure the salesman is licensed as an agent. * Do not give out personal information, such as Social Security, bank account numbers or credit card numbers to anyone you have not verified is a licensed agent. People are not allowed to request such personal information in their marketing activities and cannot ask for payment over the Internet.+ They must send you a bill. Once you decide to purchase a plan and have verified that the agent is licensed, you may give the agent personal information to assist in enrollment and billing. * Verify that the plan is an approved Medicare plan. All of the approved plans are available at www.medicare.gov or you can call 1-800-MEDICARE. * If you suspect fraud, call the U. S. Department of Health and Human Services Inspector General at 1-800-HHS-TIPS. * Contact your local State Health Insurance Assistance Program (contact information available through http://www.medicare.gov/contacts/static/allStateContacts.asp) if you have any questions at all. * To avoid being a victim, verify before you buy. +If you sign-up for a plan through the Medicare.gov website, you will need to provide your Medicare number. (thax elderfax) ******************************************************** DEAR MARCI - MEDICARE Q & A ******************************************************** Dear Marci, My dad is on a number of medications, all of which are covered by his Medicare drug plan. Yet the copayments are still quite expensive. Is there a way he can lower these costs? –Grace (Ithaca, NY) Dear Grace, Yes, there are a number of things he can do to try to lower his costs. One option is to try mail order if your father’s drug plan allows that. Mail order can often be cheaper than buying at the local pharmacy. Your father should also talk to his doctor. He can ask if there are generic or cheaper brand-name versions of the drugs he is taking that are covered by his plan. That could lower his out-of-pocket costs a lot. If your father’s doctor believes no other covered drug will work for him, he has the right to ask his Medicare private drug plan to lower his copayment for that drug. He can also do this if the copayment is suddenly raised for any covered drug he has been using. By asking to lower the copayment, your father is asking the plan to change the “tier” that the drug is assigned to in the plan’s list of covered drugs (formulary). Most plans have different cost-sharing tiers. Lower tiers have lower out-of-pocket costs and usually include generic versions of the drugs. Higher-tier drugs will cost you more because they generally include the more expensive brand-name drugs. Your father can ask his plan to lower his copayment by filing an exception request. This works in much the same way as a request to have the plan cover a drug that is not on its formulary (see last week’s Dear Marci). For more information about how to ask for a lower copayment, your father should check with his individual plan—each plan will create its own process. In all plans, however, your father will need his doctor to certify that only that drug will work for him. –Marci ******************************************************** YOUTH LEADERSHIP DEADLINE NOW MARCH 10TH ******************************************************** SPECIAL NOTICE FROM THE YOUTH LEADERSHIP
FORUM-VIRGINIA: EXTENSION OF APPLICATION DEADLINE TO MARCH 10,
2006 Please be advised that the deadline for receipt of student
applications for the 2006 Youth Leadership Forum (YLF) has been extended
to March 10, 2006. If you have not heard previously about the
YLF, please read the information below. |