03/22/07 - DAC News V7-#46 - Jobs - PAS - Romance - 2nd Opinion - SpEd - HUD Grants->
03/15/07 - DAC News V7-#45 - VBPD Awards - CL - Job - Dis Tip Sheet - Part D - IEP->
03/09/07 - DAC News V7-#44 - Ollie back to DOJ - MonaVie - Atech - D, P & SSI - Tax Tips->
03/04/07 - DAC News V7-#43 - Oliver's Story - SMART - MFP TX - W/chairs NH's - SpEd->
02/24/07 - DAC News V7-#42 - Dump Disabled - Artists - Tax Credit - Job - Grants - Conf's->
02/20/07 - DAC News V7-#41 - MonaVie - VAPCA - Bridges4Kids - ADA - UK - ROI - MI - DOL->
02/16/07 - DAC News Special V7-#40 - Forum Crime Victims Disabilities - w/Dis & Poverty 07
02/14/07 - DAC News V7-#39 - VAPCA - Jobs - Funding Op's - Disabled & Poverty - Part D->
02/09/07 - Re: DAC News V7-#38 - PA responds to PPL - Grant - MFP & 50/50 - Extra Help->
01/31/07 - DAC News V7-#37 - PPL Responds - Old Man - States PCP's - Part B? - SpEd->
01/25/07 - DAC News V7-#36 - PPL U/date - ADRF - VAperforms - Bridges - WH - Twisted->
01/17/07 - DAC News V7-#35 - VOPA - UD Home - MFP - Call to Action HUD - Winter Safety ->
01/11/07 - DAC News V7-#34 - LACIL - Institutions - 8 mos benefits? - Part D - Parents $->
01/03/07 - DAC News V7-#33 - Cya Coop - VBPD Grant - Autism Act - 05' Data - Marci - MI->
12/18/06 - DAC News V7-#32 - Merry X-mas - Free Point & Speak - HUD 504 - Marci - SpEd->
11/29/06 - DAC News V7-#31 - 3 yrs later - Housing Victory - Marci - VBPD Leadership->
11/21/06 - DAC News V7-#30 - Happy T-day - Grants - SILC - Condo4sale - Survey's - MI -> 
11/14/06 - DAC News V7-#29 - Meesha's Story - Time Banks - 211 - LACIL - DW - 5min->
11/09/06 - DAC News V7-#28 - You vote, you win - Wheelin' - Cover-up? - Job - CVTC->
11/02/06 - DAC News V7-#27 - Vote - PPL Update - Comment - Autism - Able - Assets - Sp-ed->
10/28/06 - DAC News V7-#26 - PPL, DMAS, Pay - Poor Health Grade - Vouchers MFP ->
10/23/06 - DAC News V7-#25 - PPL pay - VOPA Award - Bridges4kids - CSB Woes - MFP->
10/16/06 - DAC News V7-#24 - Noted Advocate - Free Ski Trip - HUD/MFP - 411 - EU-> 
10/12/06 - DAC News V7-#23 - PPL - HRC - Jobs - MFP - Part D - Toddlers Hearing Study-> 
10/02/06 - DAC News V7-#22 - ARRP - Job - Crews Award - Opinion - Stories? - SpEd->
09/28/06 - DAC News V7-#21 - VOTE - Police Training - MFP - Wheelchair Policy - D-hole->
09/22/06 - DAC News V7-#20 - Special Edition - Wheelchair Users & Friends: Help Us Help You
09/20/06 - DAC News V7-#19 - Free AOL - Bridges4kids - VBPD - Medicaid$ - MFP - HMOs->
09/12/06 - DAC News V7-#18 - Olmstead in VA - Marci - Medical Errors - Boomers - W/chairs->
09/07/06 - DAC News V7-#17 - Webcast ACA - Bed Taxes - HS & Emergencies - R.E. - DEA
09/05/06 - DAC News V7-#16 - PPL New Fiscal Agent - Awards - Dis. Updates - SEC - Part D->
08/23/06 - DAC News V7-#15 - Troops:) - SD - Bridges - HBOT - S.G. - Golf - Guest Opinion->
08/19/06 - DAC News Advisory V7-#14 - UPDATED AIRLINE TRAVEL ADVISORY 
08/15/06 - DAC News V7-#13 - PMA 9/01 - Wound Care Product - Air Travel - Iowa Rent - SS ->
08/12/06 - DAC News V7-#12 - Special Edition - Wheelchair Users & Friends: Help Us Help You
08/10/06 - DAC News V7-#11 - SEIU - ARC - CHOICE Award - VBPD - TTWI - ADA ->
08/01/06 - DAC News V7-#10 - Family Guide - MFP Grants $1.75B - Drug Profits - HHS $ - Kids
07/22/06 - DAC News V7-#09 - MH Letter - DC Expo - CHN - Housing Speech - Moms - ADA->
07/13/06 - DAC News V7-#08 - Corr. - EM Prepared - Ring, ring? - Alaska - Medicare - Aging>
07/12/06 - DAC News V7-#07 - HUD Funds - Change - Institution vs CBC - DC Expo
07/04/06 - DAC News V7-#06 - Warner/Kaine - Bridges - Investors - RHIO - GA Olm. - SpEd->
06/22/06 - DAC News V7-#05 - PMA - PWD's Homebuying - NPO Funds - DC Expo - SpEd->
06/17/06 - DAC News V7-#04 - Budget Passes - Housing - VOPA - Vouchers Increasd - SSA-> 
06/11/06 - DAC News V7-#03 - PW LHRC - DW - Grant - Caregivers - S.G. LIHTC - Census - UD->
06/08/06 - DAC News V7-#02 - Wat Budget? - Ask the Experts - Bridges4kids - Job - SG - VBPD->
06/02/06 - DAC News V7-#01 - 7th ANNIVERSARY EDITION - Part D - Cronkite - Steve Gold - SpEd-> 


========================================================
DAC News V7-#46  Thursday, March 22, 2007 -- No Vote, No Voice!  
========================================================
Lots of springtime news so I'll get right on to it. It's warm outside and I want to go play:) Here ya go........

A JOB ON THE BEACH:)
Disability Rights Advocate
Position # 00016
Richmond, VA
18-month restricted position
Position # 00036
Virginia Beach, VA
18-month restricted position

The Virginia Office for Protection and Advocacy is seeking two qualified candidates for the position of Disability Rights Advocate to provide efficient, effective and timely services to children with disabilities seeking special education services.  Applicants must have knowledge of special education law, regulations and service systems, in particular, and familiarity with other disability-related laws and regulations both on the State and Federal levels.  The candidates will demonstrate sound planning, analytical and decision making skills, and must have a demonstrated commitment to social justice issues.  The positions require excellent oral and written communication/counseling skills; and a working skill in using computer word processing applications.  Graduation from an accredited college or university with major studies in social sciences or related field or a combination of related experience is desired.  This position requires travel throughout the State. Fluency in Spanish or sign language is a bonus.  Hiring range: $30,146- $42,000

Apply to: VOPA Human Resources, 1910 Byrd Ave., Suite 5, Richmond, VA 23230, (804) 225-2042, or FAX (804) 662-7431. FAX APPLICATIONS ACCEPTED ONLY IF FOLLOWED BY ORIGINAL, SIGNED APPLICATION.

Application Closing Date: by 5:00 p.m. on March 30, 2007

To apply, State Application Form 10-012 is required.
Minorities and persons with disabilities are strongly encouraged to apply.
AAEEO/TTY/RESONABLE ACCOMMODATION UPON REQUEST

ANOTHER JOB
National Council on Disability Seeks Executive Director

SALARY RANGE: 108,808.00 - 152,000.00 USD per year    
OPEN PERIOD: Wednesday, August 02, 2006 to Thursday, August 02, 2007
POSITION INFORMATION: Full-Time Permanent, Serves at the pleasure of the Chairperson.
DUTY LOCATIONS:   1 vacancy - Washington, DC   

WHO MAY BE CONSIDERED:      
Applications will be accepted from United States citizens and nationals, All Sources.       

JOB SUMMARY:          
          
The purpose of this position is to serve as the Executive Director of the National Council on Disability (NCD), and serves at the pleasure of the Chairperson and is accountable to the Chairperson and the full Council. The incumbent is responsible for the overall program management and operations of the Council which includes representing the agency on public policy disability issues, budget administration, and supervision of staff operations. The incumbent serves as a recognized authority and NCD's spokesperson on a diverse range of disability policy issues.
       
To view the entire announcement, go to www.usajobs.gov and enter in the job announcement number NCD-06-01 in the keyword search function.

NEXT - URGENT ALERT
WE NEED TO COME TO THE HEARING AND SHOW BY A LARGE TURNOUT THAT WE OPPOSE THIS BILL!  WE MUST PROTECT OUR RIGHTS TO VOTE INDEPENDENTLY AND IN PRIVACY LIKE EVERY OTHER AMERICAN CITIZEN!  NO MORE SECOND CLASS CITIZENSHIP!  THAT'S WHAT ADA and HAVA are all about!  See the details about the hearing below.  Thanks for your support!

Hearing on Election Reform (the Holt Bill) on Friday, March 23 at 9.30 am

The Committee on House Administration will be holding a hearing on whether or not the Holt Bill (H.R. 811) should be passed.  This hearing will occur:

Friday, March 23rd at 9.30 am 1310 Longworth House Office Building

Any person requiring special accommodations should contact Robert Henline at 202.225.2061, 48 hours prior to the scheduled meeting.

As of this writing, there is no one invited to testify who opposes the passage of the Holt Bill (H.R. 811).

NEXT
Reminder - Meeting the Nation's Need for Personal Assistance Services: State of the Science

This is a reminder that the Center for Personal Assistance Services at the University of California, San Francisco will host its State of the Science Conference, entitled "Meeting the Nation's Need for Personal Assistance Services: State of the Science" on Friday, April 27, 2007 at the National Press Club in Washington, DC. We invite you to join us. 

The conference objectives are:

- To learn and discuss the current research and policy implications for personal assistance services in the home, community, and workplace
- To identify the potential future directions for research and policy regarding personal assistance services

The following topics will be covered at the conference:

*Personal Assistance Services: A Public Policy Challenge
*Need and Unmet Need for PAS, Its Consequences, and Costs
*Home and Community Based Services and Personal Assistance: National Trends and State Variations
*Trends in the PAS Workforce: Where Have We Been and Where Are We Going
*The ADA and Beyond: Reducing Barriers to PAS at Work
*Future Research and Policy Directions
*Open Forum and Discussion

Registration is now open. Registration for the conference is free but space is limited so please register now. 

A preliminary agenda, registration information, and hotel information are available on the PAS Center website at http://www.pascenter.org/sos_conference

The Research and Training Center on Personal Assistance Services is based at the University of California, San Francisco and includes the Topeka Independent Living Resource Center, InfoUse, Paraprofessional Healthcare Institute, Institute for the Future of Aging Services, and faculty members at the University of Maryland, Baltimore County, University of Michigan, and West Virginia University's Job Accommodation Network (JAN). The Center is funded by the National Institute on Disability and Rehabilitation Research (NIDRR) #H133B031102.

The conference is supported by funds from the Agency for HealthCare Policy and Research and from the National Institute on Disability and Rehabilitation Research. 

AND
CSUN PRODUCTS 
TO All,
CSUN OPENS TOMORROW. TO LEARN THE TYPES OF PRODUCTS THAT WILL BE DISPLAYED VISIT WWW.ATECHNEWS.COM.

Thanks,
John Williams 

MORE
4th ANNUAL
UNDERSTANDING THE SPECTRUM AND THE STRATEGIES THAT WORK

Autism, Asperger's Syndrome, PDD and other Related Disabilities

Sponsored by the Shenandoah Valley Autism Partnership and the
Virginia Department of Education's Region 5 Training and Technical Assistance Center

Presenter: Carol Schall, Ph. D., Director
Virginia Autism Resource Center

Target Audience: educators, administrators, paraprofessionals,
related service providers, community agency personnel, parents,
family members, siblings and consumers.

Saturday, April 28, 2007

James Madison University
Festival Conference Center
Harrisonburg, Virginia

Registration: 9:00 am
Conference: 10:00 am – 3:00 pm
Cost: $20 nonmembers/$15 members
Coffee and Lunch Provided

Registration Information:
Phone: 540.568.8843 or 888.205.4824
Fax: 540.568.6726    E-mail: bowmansp@jmu.edu

Fear center shrinks in autism
http://news.bbc.co.uk/2/low/health/6457219.stm

Eye-Pod: Curing the Blind
http://www.american.com/archive/2007/march-april-magazine-contents/eye-pod/

FDA Clears New Rapid Test to Detect Viral Meningitis
FDA has cleared for marketing the Xpert EV test, which can help quickly detect viral meningitis. When used with other tests, the Xpert EV test can help doctors distinguish between viral meningitis and the less common, but more severe, bacterial meningitis. Current diagnostic tests for meningitis can take up to a week, but results from the Xpert EV test are available in 2-1/2 hours.
http://www.fda.gov/bbs/topics/NEWS/2007/NEW01588.html

Invitation to the 2007 Collaborations Conference Call for Papers
2007 Virginia Collaborations Conference

Call for Papers
Deadline May 1, 2007

Consider being a presenter at this year's conference and sharing your experience.

Mark Your Calendars for Collaborations 2007,

September 30 - October 2, 2007 at Ramada Plaza Oceanfront in Virginia Beach
Please pass this announcement onto any lists that you might have access to. We are looking for innovative ideas and practical applications of service delivery that will be of interest to a wide-ranging audience.

Click the Link Below to View and Print Call for Papers Application in pdf format.
www.vaaccses.org

FINALLY - SPRING & ROMANCE????
Romance4Disabled, LLC
This letter is being sent to you to introduce our new website,   www.Romance4Disabled.com is an online service specifically for those individuals who are physically, developmentally, and emotionally challenged.  Our site offers a unique venue where people can meet new friends and/or significant others.  Our community will also enjoy the benefits of online advice and help on building relationships from our specially trained staff.
Risa Levenson, PhD., QMRP 

ONE MORE
NH-We can eliminate the developmental disability services waiting list this year
http://www.unionleader.com/article.aspx?headline=John+Stephen%3A+We+can+eliminate+the+developmental+disability+services+waiting+list+this+year&articleId=f61913db-7cd2-47a0-ad9f-c7eb53d43158


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

Keith-

========================================================
1. DEAR MARCI - WILL MEDICARE PAY FOR 2ND OPINION?
2. SpEd, GRADES, MARKS, REPORT CARDS - WEBINAR - IEP STATEMENTS
3. BILL SEEKS TO INCREASE ENROLLMENT IN PART D EXTRA HELP
4. WORTH LOOKING INTO
5. HUD ANNOUNCES $2.4 BILLION THROUGH 38 GRANT PROGRAMS
6. IMPROVING HEALTH LITERACY IMPROVES HEALTH CARE
========================================================
********************************************************
DEAR MARCI - WILL MEDICARE PAY FOR 2ND OPINION?
********************************************************  
Dear Marci,

I’ve been getting chronic sinus infections for some time so I went to see an ear, nose and throat specialist. After reviewing the results of my MRI, the doctor recommended surgery, which makes me nervous—will Medicare pay for me to get a second opinion?

–Nicholas (Jonesboro, AR)

Dear Nicholas,

Yes, Medicare will cover a second opinion before surgery and will even pay for a third if the first and second opinions are different. If a doctor informs you that you need an invasive procedure like surgery, it is good to have that opinion confirmed by another medical professional. But before visiting that second provider, make sure you have a clear understanding of why your doctor suggested the operation.

If your doctor recommends surgery, find out the following:

Why is the surgery necessary?
What are the benefits and risks?
What are the alternative treatment options (such as medication) and the benefits and risks of each?
What are the consequences if you decide not to have surgery?
Learn as much as you can about your condition—what is the most commonly prescribed method for treating it? Is the method the same as what your doctor recommends? If it is different, find out why—new research? Special circumstances?

You should know.

Research your condition using the Internet and your local library. Stick to credible sources of information by visiting national organizations' and other recognized support groups' web sites. Ask your doctor if you don’t know the names of any. You can also ask your doctor to recommend published literature about your condition and the different treatment options.

By empowering yourself with more information, you are bound to feel more confident with your own decision to either elect or forgo this operation.

—Marci
(thax medicarerights)

********************************************************
SpEd, GRADES, MARKS, REPORT CARDS - WEBINAR - IEP STATEMENTS
********************************************************
Grades, Marks, Assessment, Evaluation, Report Cards....
Assessment and evaluation have one main purpose. That purpose is to improve student achievement. Although it may not always seem that way, it is certainly the intent. Learn what...read more

March Advocate Academy Webinar
Only 2 weeks left to register for this webinar."Equitable, Effective and Meaningful Grading Practices for Students with Disabilities" presented by Dennis D. Munk, Ed.D. Date: Wednesday, March 21, 2007Time: 2:00...read more

IEP Statements to Simplify the Process
When you are writing IEPs, it can sometimes be difficult to determine what specific areas to focus on. Here is a new category with sample IEP statements for hygiene, behavior,...read more
(thax about.com)

********************************************************
BILL SEEKS TO INCREASE ENROLLMENT IN PART D EXTRA HELP
********************************************************
BILL SEEKS TO INCREASE ENROLLMENT IN PART D EXTRA HELP

New legislation introduced in the U.S. House of Representatives last week would make it easier for low-income people with modest savings to enroll in Extra Help, the prescription coverage assistance program for low-income people with Medicare.

Representative Lloyd Doggett, Democrat of Texas, introduced the Prescription Coverage Now Act of 2007 on March 15, saying enactment of the bill would help enroll most of the estimated 3.27 million people who qualify for Extra Help but are not signed up. The subsidy program reduces or eliminates co-payments and premiums and provides coverage in the “doughnut hole” or coverage gap under Part D.

The bill would change the program’s asset test, which advocates argue disqualifies many low-income people who need Extra Help. According to the National Council on Aging, a group that endorsed the measure, 41 percent of Extra Help applicants are denied assistance because they are over the asset cut-off. Under current guidelines, people with Medicare whose financial assets, such as savings, are above $11,710 ($23,410 for a couple) are ineligible for Extra Help.

Doggett’s legislation would raise that limit four fold and increase the asset limit for the full low-income subsidy, under which the poorest people with Medicare pay Part D co-payments of no more than $5.35.

Additionally, the proposed legislation would require the Social Security Administration (SSA) to screen Extra Help applicants for eligibility in state Medicare Savings Programs, which provide assistance with Medicare premiums and cost sharing for low-income people.

The bill would also give the SSA increased access to income data in order to identify and screen people who may qualify for Extra Help and help them enroll, and allows non-English speakers to negotiate the application process in their native language.

The bill also simplifies the Extra Help application process. Applicants would no longer have to calculate the cash value of life insurance policies, which would be excluded from the asset test under the bill. The bill also excludes retirement accounts from the asset test; currently, SSA counts retirement accounts such as IRAs both as income and as assets.

Finally, Extra Help applicants would no longer have to estimate the value in-kind support—assistance from family members and others in paying for such things as utilities, groceries or housing—when calculating their income.

Doggett, who was joined by House Ways and Means Health Subcommittee chairman Pete Stark, Democrat of California, at a May 15 press conference, announced that the legislation already has 156 cosponsors in the House. Senators Gordon Smith, Republican of Oregon, and Jeff Bingaman, Democrat of New Mexico, plan to introduce companion legislation in the Senate.
(thax medicarewatch)

********************************************************
WORTH LOOKING INTO
********************************************************
Worth Looking Into

March 8, 2007 • Volume 7, Issue 10

During the past few months, the Bush administration, drug manufacturers and insurers have been boasting about the initial year of Part D. The program has done nothing but wonders for people with Medicare, they say. The market is working, they brag.

While the Part D cheer squad tells us the benefit was a resounding success in its first year, the experiences of ordinary people paint a very different picture.

All through 2006, countless people with Medicare have sought the help of counselors with the Medicare Rights Center and other advocacy groups across the country for their Part D problems. Over the last year people with Medicare, caregivers and caseworkers shared what they have gone through to the Medicare Rights Center’s Part D Monitoring Project.

They wrote about struggling to afford the costs of coverage and rising drug prices. They wrote about signing up for plans that claimed to have their medicines on their list of covered drugs but didn’t reveal they would have to face confusing prior authorization requirements, quantity limits or, potentially, outright denials of coverage. They wrote about deceptive marketing practices and about getting misleading or wrong information. They wrote about falling blindly into Part D’s absurd “doughnut hole”—where individuals are forced to pay the full cost of their medications while continuing to pay premiums—and not being able to afford it. They wrote about getting the runaround trying to deal with bureaucratic problems with Social Security check deductions. They wrote about being disenrolled from the plan they had chosen without their knowledge or consent.

These same problems have continued into 2007. The stories that have come in through the Part D Monitoring Project in the past couple months are evidence that very little has been done to fix the problems that plagued the implementation of Part D.

Even worse, new problems have arisen in Part D’s sophomore year.

Plans that offered affordable coverage last year have suddenly hiked their prices dramatically. Individuals whose medicines were included on their plan’s formulary last year found that those drugs now have new restrictions or were dropped from coverage completely. People who paid high premiums for coverage through the doughnut hole found themselves with no such option this year. Even those who tried to switch out of their drug plans—exercising the informed consumer choice so lauded by Part D proponents—faced headaches, hassles and misinformation.

This year, Congress must hold hearings and make the Centers for Medicare & Medicaid Services (CMS), drug companies and insurers accountable for the serious problems Part D has created for older adults and people with disabilities. Congress can no longer look the other way while people with Medicare fall prey to marketing abuses, while individuals are denied coverage for needed medicines, while persistent computer problems foul up enrollments and premium deductions, while vital medicines remain priced out of reach.

********************************************************
HUD ANNOUNCES $2.4 BILLION THROUGH 38 GRANT PROGRAMS
********************************************************
CMHS Consumer Affairs E-News March 16, 2007  Vol. 07-55

HUD ANNOUNCES $2.4 BILLION AVAILABLE THROUGH 38 GRANT PROGRAMS
Applicants strongly encouraged to update their registration to avoid a last minute crush

WASHINGTON - The Department of Housing and Urban Development today published HUD's Fiscal Year 2007 "SuperNOFA," a notice that makes available approximately $2.4 billion in funding through 38 individual grant programs (see: http://www.hud.gov/news/release.cfm?content=pr07-026.cfm). In launching this year's grant application season, HUD Secretary Alphonso Jackson strongly encouraged prospective applicants to read the general and program-specific sections of their funding notices thoroughly and to follow the registration information available in HUD's step-by-step registration guide.

"Every year, we strive to make it easier for our applicants to access the funding that can create a real difference in their communities," said Jackson. "HUD is moving full steam ahead toward e-government and we invite our applicants to become familiar with the supporting materials we've produced to streamline the submission process even more."

This year's SuperNOFA will continue the Department's push toward requiring nearly all grant applications to be submitted electronically through www.grants.gov. Applicants seeking funding through HUD's Continuum of Care homeless assistance programs will not be required to submit their applications electronically.

The electronic submission process is part of President Bush's management agenda to increase funding opportunities for states, local governments and nonprofit grassroots organizations that house and serve lower income families living in their communities. Last year, more than 4,300 applicants successfully submitted their applications electronically.

This year, HUD is announcing the return of three grant programs: The Early Doctoral Research Program, the Doctoral Dissertation Research Program, and Housing Counseling Training Program.

The doctoral programs provide universities with funding for doctoral students who focus research efforts on policy-relevant housing and urban development issues. The Housing Counseling Training Program is designed to improve and standardize the quality of counseling provided by housing counselors employed by HUD-approved housing counseling agencies.

HUD is continuing to provide help so that every applicant can successfully meet this year's electronic submission requirements. HUD's Desktop User's Guide provides easy-to-follow instructions to guide applicants through the electronic submission process. In addition, HUD also offers training via webcast. For a list of training programs, visit HUD's website.

********************************************************
IMPROVING HEALTH LITERACY IMPROVES HEALTH CARE
********************************************************
Elder Law FAX

The March 12, 2007, issue of Elder Law FAX, a free newsletter published every other Monday by the Elder Law Practice of Timothy L. Takacs.

Improving Health Literacy Improves Health Care

"Everything was happening so fast and everybody was so busy," and that is why Mitch Winston, 66 years-old and suffering from atrial fibrillation, did not ask his doctor to clarify the complex and potentially dangerous medication regimen that had been prescribed for him upon leaving the hospital emergency department.

When Mitch returned to the emergency department via ambulance, bleeding internally from an overdose of Coumadin, his doctor was surprised to learn that Mitch had not understood the verbal instructions he had received, and that he had ignored the written instructions and orders for follow-up visits that the doctor had provided. In fact, these had never been retrieved from Mitch's wallet. Despite their importance, they were useless pieces of paper. Mitch cannot read.

(Read about Mitch and the problem of health literacy in Joint Commission on Accreditation of Healthcare Organizations, "What Did the Doctor Say?:" Improving Health Literacy to Protect Patient Safety, 2007.)

Ninety million Americans "have difficulty understanding and acting upon health information," according to an Institute of Medicine report on health literacy. Low literacy may impair functioning in the health care environment, affect patient-physician communication dynamics, and inadvertently lead to substandard medical care, according to a report from the federal Agency for Healthcare Research and Quality. It is associated with poor understanding of written or spoken medical advice, adverse health outcomes, and negative effects on the health of the population.

The problem of health literacy is not just a patient problem--that is, the solution is to improve literacy among Americans. The problem lies in communication between patient and health care provider.

Effective communication is at the heart of the patient-provider encounter. The patient is expected to communicate his or her medical history, symptoms, and concerns. In return, providers are expected to discuss the diagnosis of the patient's illnesses and afflictions, treatments, solutions, and possible outcomes.

In an effort to improve patient-provider communication, the Iowa Health System initiated the Health Literacy Collaborative in 2003 with a series of hands-on workshops. In the workshops, which ran throughout 2004, participants shared information about health literacy and strategies for addressing the issue.

Patients in the Iowa Health System were asked:

Did you receive an explanation about tests and treatments you received?
Were you informed about medications you received?
Did you receive instructions on caring for yourself at home?
Did nurses keep you informed?
Did physicians keep you informed?

The IHS collaborative tested two approaches for improving health literacy--"teach backs" and Ask Me 3. In a teach back, the patient is asked to repeat back to the provider what they heard. Patients and caregivers can assess understanding of diagnoses, treatments, outcomes, and possible negative side effects. Nursing staff working with patients on informed consent forms, for example, will ask them to describe their upcoming surgery. The patients' explanations are recorded on the forms, giving clinicians an opportunity to review information that is not understood.

Ask Me 3, a tool created by the Partnership for Clear Health Communication, recommends that patients ask their doctor, nurse, or pharmacist three questions: 1) What is my main problem? 2) What do I need to do? 3) Why is it important for me to do this? Patients who still don't understand what they need to do are encouraged to ask their caregivers to explain the information again.

Early results of the health literacy intervention initiative show an increase in the percentage of patients reporting that the information, instructions, and explanations provided during the care process were "very good."

For more information on the study, see "Case Study: Iowa's Health Literacy Collaborative Is Transforming Patient-Provider Communication," The Commonwealth Fund, November/December 2006, at  http://www.cmwf.org/publications/publications_show.htm?doc_id=424780#case.

===============================
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 V7-#45  Thursday, March 15, 2007 -- No Vote, No Voice!  
========================================================
First we have a couple of congratulations due. Jack Brandt, has been very silent about winning the "Jackie Crews Excellence in Leadership Award" for Scholar, Artist, Community Leader & Advocate. This award is put out by the Virginia Board for People with Disabilities. It's a good thing I read their newsletter as Jack has been very tight lipped about this. What's up with that Jack?:) Jack is too modest to brag,  so I will, on a job(s) well done. Congratulations!

And Debra Ruh, who owns TecAccess LLC, is the recipient of the "Outstanding Achievement Award" from the Virginia Board for People with Disabilities. Hey, I know both of these recipients and neither one leaked me their success. I'm getting way too slow I suppose. Well done Debra and Congratulations too!

NEXT
A Craig's List for PWD
Skip's List, an online information exchange for people with disabilities (PWD), is a kind of "Craig's List for PWD," according to its moderator, Al DeGraff. Features include news, blogs, job listings, and both personal and classified ads.
http://skipslist.org/

LQQK A JOB!!!!!!
The Board of Directors of Access Independence, Inc. (AI) is seeking an Executive Director.  AI is a private, non-profit, consumer-controlled, non-residential Center for Independent Living (CIL) serving people with disabilities.  AI serves the Northern Shenandoah Valley Regional Commission including the counties of Clarke, Frederick, Page, Shenandoah, and Warren and the city of Winchester (central office in Winchester).

Access Independence, Inc. was established in 1985, and its mission is "to secure and maintain the human and civil rights of all people with disabilities." AI provides four core services: advocacy, information and referral, independent living skills training, and peer counseling which empower individuals with disabilities to live independently in their own communities and their own homes. 

Access Independence, Inc. has a Staff of 15, a Board of 9, and an operating budget of $665,300.

Salary: $40,000-$50,000 depending on experience, plus a benefit package.

AI offers competitive salaries and a liberal benefit package for full-time employees.  AI is an equal opportunity employer and is committed to consumer control and a diverse workforce.  Qualified minorities and persons with disabilities are strongly encouraged to apply.

Submit cover letter and resumes to:
Attn: Tom Hoy, Chair, Search Committee
PO Box 313
Winchester, VA 22604
Or email: thoy@accessindependence.org

CHECK THIS
Disability Tip Sheet
When speaking of disabilities, it is sometimes hard to find the right words. However, you can’t go wrong using "people first" language. It is the most important principle in communicating with and about people with disabilities, says Vicki Pappas, PhD, director of the Center for Planning and Policy Studies at the Indiana Institute on Disability and Community.

This standard applies in a literal sense when describing people—“person with autism" is appropriate; "autistic person" is not—and in a figurative sense when interacting with someone who has a disability. "People with disabilities would prefer to be seen as people, not as objects of pity or as heroes who have overcome adversity," she says. "When you meet someone who has a disability, say hello, make eye contact, and give yourself time to get to know that person like you would with any new acquaintance." Below are more of Dr. Pappas's tips for effective communication.

*DO use person-first language, especially in print. Regardless of the particular disability, put the person before the condition in every description. For example: "man who has cerebral palsy," "girl who is deaf," "teacher with epilepsy."

*DON'T mention a disability if it is not relevant. "If you are writing an article about a professor's research, and that person happens to use a wheelchair, you don't need to mention it unless it relates somehow to the research process. This is just the same principle you would use in deciding whether to mention that someone is Jewish or Latino," Dr. Pappas says.

*DO use specific terminology. If it is important to describe a person's disability, be straightforward and avoid terminology like "handicapable," "differently abled" or "special." This type of verbiage comes across as condescending, she notes.

*DON'T make someone a hero for an ordinary feat. Avoid characterizing everyday activities as huge accomplishments for people with disabilities. "I'm all for including a bride with hearing loss in a wedding special, but when the headline is 'Deaf Woman Gets Married,' that's insulting," says Dr. Pappas.

*DO greet people at their eye level. When talking with a person who uses a wheelchair, it is appropriate to sit or crouch down in order to talk face-to-face. "Even if you are speaking through an interpreter, it's important to make that direct eye contact," she says. Similarly, it is best to approach a person who is blind by announcing your presence.

*DON'T worry about common phrases. "It is not a big deal if you say 'See you later' to someone who is blind. No one is going to be offended by these types of expressions. Relax and use your natural manner of speaking," she adds.

*DO respect personal space. "It's okay to offer assistance in a polite manner such as holding a door open. Beyond that it is best to ask first rather than to rush in and grab a person who appears to be struggling," points out Dr. Pappas. A final note on personal space: a wheelchair should be approached as though it were part of the body—don't sit or lean on someone's wheelchair unless you know them very well.

NOTE: I have a firm policy, any woman can sit in my wheelchair, anytime, without asking:) .. kk-

AND
FDA Tells 20 Firms to Stop Marketing Illegal Migraine Drugs
FDA has told 20 companies to stop marketing unapproved drug products containing ergotamine tartrate. The products are used to treat vascular headaches, including migraines. The agency is concerned that the drugs have not undergone FDA review; thus the safety, effectiveness and quality of the products are unknown. The crackdown is part of the Unapproved Drugs Initiative, an agency effort to get unapproved drugs off the market.
http://www.fda.gov/bbs/topics/NEWS/2007/NEW01575.html

Choosing a Doctor or Health Care Service
Chronic Disease Management Quality Improvement Efforts Yield Better Care Delivery  http://www.ahrq.gov/news/press/pr2007/cdmqipr.htm
Agency for Healthcare Research and Quality

Head and Brain Injuries
March Is Brain Injury Awareness Month
http://www.cdc.gov/ncipc/Spotlight/BIAM.htm
Centers for Disease Control and Prevention
See MedlinePlus topic: Head and Brain Injuries

Seniors' Health Issues
Could Baby Boomers Be Approaching Retirement in Worse Shape Than Their Predecessors?
http://www.nih.gov/news/pr/mar2007/nia-05.htm
National Institute on Aging

Blind refugee turns his life into light in the darkness
http://www.democratandchronicle.com/apps/pbcs.dll/article?AID=/20070310/NEWS0202/703100317/1002/NEWS

Learning Opportunities
DeafNation Expo
Saturday, March 31, 2007
Greater Richmond Convention Center
9:00am-6:00pm

The event includes:
- Exhibitions
- Entertainment
- Seminars & Workshops
- Children's Activities

Admission is free.

For more information or to register go to http://www.deafnation.com/page.php?id=440.      

Advocacy Opportunities
Department of Homeland Security’ s National Advisory Council

As provided for in the Department of Homeland Security Appropriations Act of 2007, the Secretary of Homeland Security is establishing the National Advisory Council to ensure effective and ongoing coordination of Federal preparedness, protection, response, recovery, and mitigation for natural disasters, acts of terrorism, and other man-made disasters.  Qualified individuals interested in serving on the National Advisory Council are invited to apply for appointment.  Applications for membership should be received by March 9, 2007. 

Applications for appointment to the National Advisory Council must be sent by mail, electronic mail (E-mail), or facsimile to:

            John A. Sharetts-Sullivan, Chief, Records Management and Privacy,
            FEMA,

            Attention: HQ/IT-IR-RM,
            500 C Street, SW.,
            Washington, DC 20472;

            john.sharetts-sullivan@dhs.gov;
            telephone 202-646-2625;
            fax 202-646-3347.

Comments on the establishment of the National Advisory Council must be received by April 9, 2007, and may be submitted to
            Rules Docket Clerk, Office of the Chief Counsel,
            Federal Emergency Management Agency,
            Room 835, 500 C Street, SW.,
            Washington, DC 20472.
            Facsimile: 866-646-4536.

            FEMA-RULES@dhs.gov  

All submissions received must include the words ``Department of Homeland Security'' and the docket number for this action, FEMA-2006-0034.  Please include the docket number in the subject line of any e-mail message.

FINALLY
[challenged-moms] Partners in Policy Making
Recruitment for the Partners in Policymaking Class of 2008 is under way!

Partners in Policymaking participants are people with developmental disabilities or parents of young children with developmental disabilities.

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 and team building and much more!  Program participants will attend and participate in 9 two day sessions between September and May in Richmond, Va.

Contact: Jennifer Peers at
Jennifer.peers@vbpd.virginia.gov

or Terri Barker Morgan at
Teri.barker@vbpd.virginia.gov

1.800.846.4464 (voice/tty)
www.vaboard.org

LAST
In our first story I'm posting an opinion piece about America that I thought was interesting. I hope you enjoy it too.


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

Keith-

========================================================
1. AMERICA
2. BRIDGING THE GAP - MEDICARE PART D
3. CONGRESS EYES EXCESS PAYMENTS TO MEDICARE PRIVATE PLANS
4. ELIGIBILITY FOR SPECIAL NEEDS PLANS
5. HMO, PCP, WHAT ARE THEY AND HOW DO I PICK ONE?
6. IEP PROCESS - LABELING CHILDREN - READER AT RISK
========================================================
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AMERICA
********************************************************  
Don’t let patriotism blind you to history

   A recent letter to the editor extolled the greatness of the United States while bemoaning the world does not adequately appreciate the United States.
   This is an often-heard viewpoint ex­pressed by many Americans, usually imbued with the idea the United States has exhibited some exceptional moral greatness as well.
   I agree the United States has exhibi­ted many virtues during its existence. Yet, in making such statements as a comparative to other nations, Ameri­cans should not ignore the darker side of our history.
   The United States was built on slav­ery, genocide of American Indians and Negroes, blatant aggressive territorial expansion or interference — exhibited in wars against the British, French, Mexico and Spain, and interference in the internal affairs of many Middle Eastern and South American countries -- and disregard of destructive envi­ronmental behavior and species geno­cide.
   History amply demonstrates the United States has pursued its per­ceived interests as determinedly and ruthlessly as any other nation or peo­ple in history, and that some touted “good deeds” -- such as the Marshall Plan -- were done more for political or national interest reasons than for lofty moral reasons.
   It is OK to be patriotic, but it is simply short-sighted to be blindly patriotic.
  
B.G.
Cocoa Beach

********************************************************
BRIDGING THE GAP - MEDICARE PART D
********************************************************
Bridging the Gap

March 15, 2007 • Volume 7, Issue 11

Since its enactment in 2003, nearly every aspect of the Medicare Part D prescription drug benefit has been the subject of fierce partisan disagreement—with one exception. The Extra Help program, which covers the “doughnut hole,” or gap in Part D coverage, and reduces co-payments for lower income people with Medicare, has near universal support.

Unfortunately, the Extra Help program has not lived up to its promise. Less than half of those eligible for the program are currently enrolled. There are three main reasons for this failure:

An asset test that excludes people with Medicare who have even modest savings;
A complicated application that discourages potential enrollees;
The difficulty in finding and contacting older adults and people with disabilities who may qualify, and getting them to apply.

Legislation introduced today by Representative Lloyd Doggett, Democrat of Texas, addresses all three problems.

First, the bill substantially raises the amount of savings and other financial assets that people with Medicare can have and still qualify for Extra Help. The asset test penalizes people with Medicare who have scrimped and saved during their working years in order to have a modicum of security when they can no longer work. Nearly half of the Extra Help applicants denied by Social Security in 2006 were rejected solely because their assets were above very low limits—just $11,500 for an individual and $23,000 for a couple.

The Prescription Coverage Now Act of 2007 would increase those limits four-fold, allowing individuals with low incomes—less than $15,315 a year for a single person—to qualify for Extra Help if they have a modest nest egg to cover years of retirement or disability.

Second, the bill eliminates a number of questions in the application that have proved very difficult for applicants to answer and have unfairly excluded individuals who need the benefit. For example, people struggling to afford their medications will no longer be asked to calculate the cash value of their life insurance policies or estimate the monetary value of “in-kind support”—help with groceries or utilities or a place to live they receive from their children or other relatives.

Third, the bill requires the government to implement strategies to maximize enrollment in the program. Income and asset data already in the possession of the government will be used to automatically screen every person with Medicare to see if they qualify. As people become eligible for Medicare they will be able to opt in to the program by checking a box when they enroll in Part D and completing a one-page form.

The Prescription Coverage Now Act of 2007 has the potential to help millions of people with Medicare afford the medicines they need to stay alive and healthy. It bridges the partisan divide on Part D while helping older adults and people with disabilities of modest means get through the Part D coverage gap. This legislation deserves the support of every member of Congress. Please write your congressional representative and urge him or her to cosponsor the Prescription Coverage Now Act of 2007 .
(thax medicarerights)

********************************************************
CONGRESS EYES EXCESS PAYMENTS TO MEDICARE PRIVATE PLANS
********************************************************
CONGRESS EYES EXCESS PAYMENTS TO MEDICARE PRIVATE PLANS

Congress could save taxpayers $65 billion over five years if it set payment benchmarks for Medicare Advantage (MA) plans—HMOs and other private Medicare plans—at rates equal to the costs of care under Original Medicare, the Congressional Budget Office said last week.

Democrats may look to cut Medicare Advantage rates as part of deficit reduction efforts and to fund other health care priorities, such as expanding children’s health insurance programs. House Ways and Means Health Subcommittee Chair Pete Stark, Democrat of California, and Senate Finance Committee Chair Max Baucus, Democrat of Montana, both have said they will review the Medicare Advantage program this year.

Health insurance companies that offer MA plans say the higher subsidies they receive from Medicare help them reduce cost-sharing for people with Medicare enrolled in their plans.

But a separate report from the Medicare Payment Advisory Commission (MedPAC) shows that the fastest growing type of MA plan—private fee-for-service (PFFS) plans—use less than half of the excess payments they receive to provide additional benefits. PFFS plans cost 19 percent more than Original Medicare, but use only 9 percent of their payments to lower costs for their members, according to this month’s MedPAC report. Enrollment in PFFS plans more than doubled last year, reaching 565,000 members in December 2006.

MedPAC commissioners reiterated their previous recommendation of cutting MA rates to put costs on par with Original Medicare.

********************************************************
ELIGIBILITY FOR SPECIAL NEEDS PLANS
********************************************************
CASE FLASH: ELIGIBILITY FOR SPECIAL NEEDS PLANS

In January 2006, Mr. M enrolled in a Medicare private health plan with drug coverage (MA-PD) offered by the same company through which he had a Medicare HMO. He was very happy with his coverage throughout 2006, but was surprised at the end of the year to receive a notice from his plan telling him that to be enrolled in the plan he must have both Medicare and Medicaid. Without realizing it, Mr. M had enrolled in what is known as a Special Needs Plan (SNP). SNPs are Medicare private health plans like HMOs that are designed to cover certain populations with special needs. Most are for people who have both Medicare and Medicaid (dual eligibles). Others are for people who live in a nursing home or have a specific chronic condition, such as cancer or diabetes. Mr. M did not have Medicaid benefits and feared he would be kicked out of the plan and left without drug and health coverage. He called his local State Health Insurance Assistance Program (SHIP) for help.

A SHIP counselor explained to Mr. M that an SNP does not have to have all its members meet the special needs criteria of the plan, so he may be able to stay in the plan even though he does not have Medicaid. The counselor advised Mr. M to ask the plan about its eligibility requirements and to get it in writing. A plan customer service representative told Mr. M that he had to have full Medicaid benefits to be enrolled in the SNP. Mr. M asked that an informational packet about plan eligibility be mailed to him, but the overwhelming fear of an imminent loss of coverage got the better of him before the packet arrived, and he switched to a new Medicare private health plan beginning in February of 2007.

The change made Mr. M’s situation much worse. His doctors were not in the plan’s network even though the plan had said they were. He could not see his doctors because he could not afford to pay in full for their services.

Then Mr. M received the eligibility pamphlet from his former plan. The pamphlet stated very clearly that to be eligible for Mr. M’s particular SNP, an individual has to receive Medicaid benefits or have a Medicare Savings Program (QMB, SLMB or QI-1). Mr. M had SLMB, which meant he was eligible for the plan, so he called SHIP for help going back to his original plan.

A SHIP counselor explained that while most people with Medicare are limited in the number of times they can switch their health plans, people with Medicaid or a Medicare Savings Program can switch plans once a month. Mr. M was able to re-enroll into his former SNP plan and is once again able to see his doctors. If he had incurred any bills while in the second plan, he could ask for a retroactive disenrollment since he was misled into joining the plan with the promise that his doctors were in the network.

To read more cases by subject, go to "Interesting Cases" on our web site at www.medicarerights.org/interestingcasesframeset.html .
(thax medicarerights)

********************************************************
HMO, PCP, WHAT ARE THEY AND HOW DO I PICK ONE?
********************************************************
Dear Marci,

I just decided to enroll in a Medicare HMO and got materials in the mail that say I need to pick a PCP. What is a PCP and how do I pick one?

–Linda (Indianapolis, IN)

Dear Linda,

The acronym “PCP” stands for “Primary Care Physician.” PCPs are the doctors you go to for regular checkups and when you first notice a symptom that you want checked out. Several types of doctors can be a PCP: general practitioners, family practitioners, internists, pediatricians (for children), geriatricians (for older adults) and gynecologists (for women).

Most Health Maintenance Organizations (HMOs) and Point-of-Service plans (POSs) require that you pick a PCP, and like the other providers, your PCP must be in your plan’s network in order for the plan to cover your care.

Your PCP is responsible for coordinating your care among all of your health care providers, which includes deciding when you need to see a specialist, like a cardiologist or neurologist. Done well, this will enable your PCP to keep track of the different care and medications your other providers have prescribed. Most HMOs and POSs require that you get your PCP’s permission, or referral, before seeing a specialist.

You do not have to be in a Medicare private health plan, like an HMO or PSO, to have a PCP. In Original Medicare you can choose any doctor as your PCP. And, while you can go to a specialist without a referral, it is very helpful to have a good PCP.

A good PCP

*knows your medical history;
*explains treatment options so you can make informed health care decisions together;
*helps you navigate the health care system when you get sick; and
*makes sure you get all of the recommended screenings covered under Medicare’s preventive care *benefits, which should hopefully decrease your risk of getting sick!

In addition, if you have a chronic condition like diabetes, you may want a PCP with special training in that condition.

Ideally, this person should be someone whose professional advice you trust, who makes you feel comfortable and who understands your body’s particular needs.

-Marci
(thax Marci)

********************************************************
IEP PROCESS - LABELING CHILDREN - READER AT RISK
********************************************************
IEP Statements to Simplify the Process
When you are writing IEPs, it can sometimes be difficult to determine what specific areas to focus on. Here is a new category with sample IEP statements for hygiene, behavior,...read more

The Effects of Labeling Children
Autism, Aspergers, FAS, Gifted, Learning Disabled and many more are all labels we use to identify children with unique or special needs. Are they harmful or helpful? With more and...read more

How Do You Know if a Reader is a Reader at Risk?
Diagnosing reading difficulties early is extremely important to support struggling learners. The earlier a child is diagnosed, the greater chance for success if remediation and interventions are implemented....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 V7-#44  Friday, March 09, 2007 -- No Vote, No Voice!  
========================================================
Well, all good things must come to an end and so it goes for my friend Ollie Cantos, who will have served his one year commitment as Associate Director for Domestic Policy at the White House. I think the government couldn't afford the 24hr days Ollie was putting in so they gave him the boot:) In all seriousness, Ollie has served us well this past year and come April 2nd, he will head back to the DOJ where they await him again with open arms. Nice job Ollie, and for those of you who would like to thank him for his year full of work for persons with disabilities I'm sure he'd love to read your praise. Just write to the address below and say, Thax Ollie:)

Olegario D. Cantos VII, Esq.
Associate Director for Domestic Policy
The White House
Washington, DC   20502
(202) 456-7330 [Voice/Relay]
(202) 395-1160; (202) 395-1144 [TTY]
(202) 456-5557 [Fax]
ocantos@who.eop.gov [Email]

NEXT
Did you ever want to have your own business while trying to help others too? Well, here is an idea you might consider and for less than $200 you can be a Distributor of a health drink which has been claimed by some consumers in helping with their arthritic problems to sleeping disorders and more.  I've tried this new drink called Mona Vie and among other things it did help me sleep better. Everyone has a different experience from a feeling of well being to just plain feeling well. Many island people use this type of drink and swear by the results. Try it and see for yourself.

Go to: Mona·Vie™  or: http://www.mymonavie.com/AHealthDrink/ and read about it. If you'd like to buy some I'll sell it for cost or you can sign up under my ID 247864 and join the ranks of being self-employed (have others sign up under you TOO) plus buying the drink wholesale. If you try it I'd like to know your experience after drinking this fruit drink for a couple of weeks. Just drink 2oz in the morning everyday (or twice a day for max benefits) and if you're allergic to shellfish buy the Mona Vie original not the Mona Vie active for everyone else. Enjoy:)
NOTE: Any profits derived from Mona Vie goes directly to DAC in assisting folks just as we have for many years.

NEXT <---this is a great story.....kk-
Blind man teaches blind client
http://content.hamptonroads.com/story.cfm?story=120042&ran=190683&tref=po

NEXT
Saving and Resuming W-2 Online Reports
W-2 Online only allows you to save W-2s that you have been working on for up to 90 days.  Social Security will delete any saved reports that you do not submit or update within 90 days.  Deleted W-2s in Business Services Online (BSO) cannot be retrieved.  Saving your W-2s is not the same as submitting them to Social Security.  

So, if you started on your W-2s early and saved them, remember to return to BSO and submit any saved W-2s before the 90 days have passed, or they will be deleted.
For more information visit www.socialsecurity.gov/employer/bsohbnew.htm 

NEXT -- John is at it again:)
Today, I am launching a news web site on assistive technology and other disability issues. You can visit the site at www.atechnews.com. I invite you to visit the site often and to link to it. I invite you to tell your friends about the site and to encourage them to visit it. 

Every week, more than 50,000 people will be notified by e-mail of new copy on the site. The 50,000 people who will receive an e-mail notice from me weekly include 1,200 editors of disability publications, 535 members of U.S. Congress, more than 1,400 colleges and universities, thousands of advocates, hundreds of Assistive Technology manufacturers, 700 CEOs, more than 1,000 human resource managers, thousands of teachers, thousands of uses of AT products, 1,700 individuals working in the rehabilitation area, every major federal agency working on disability issues, about 600 national, local and state disability organizations and others.

I intend to have topical stories such as AT Products Benefit People with Autism (www.atechnews.com) and my opinion column on Our Vets Aren't Receiving The Tools They Need (http://www.atechnews.com/images/OurVeteransAren_tReceiving.doc). Please send me any comments on the articles to jwilliams@atechnews.com.

Guest columnists will contribute weekly. Visit http://www.atechnews.com/guestarticles.html. People from Asia, Latin America and Europe will contribute columns monthly.

I intend to interview one of two vendors before each conference and run the interviews on www.atechnwes.com.

I shall make ATechnews the best on-line news source in the world on disability issues and AT products, and with your help I can.

THANKS,

John Williams

NEXT
Mental Health News You Can Use...
February 2007
Supplement
Online Resources

What A Difference A Friend Makes
http://whatadifference.samhsa.gov
In December 2006, the Substance Abuse and Mental Health Services Administration (SAMHSA), in partnership with the Ad Council, launched a national public service advertising (PSA) awareness campaign designed to decrease the negative attitudes that surround mental illness and encourage young adults to support their friends who are living with mental health problems. The National Anti-Stigma Campaign (NASC) responds to the first step of the Federal Action Agenda for mental health transformation by initiating a national campaign to reduce stigma, increase awareness, and promote recovery from mental health problems. The first round of the Campaign focuses on young adults between the ages of 18-25 since this age group has the highest prevalence of mental health problems but also is the age group least likely to seek support. The NASC seeks to encourage, educate, and inspire young adults to support their friends who are having mental health problems, and to emphasize that friendships and peer support are essential to recovery.

The Campaign features multiple television and radio PSAs that have been distributed nationally to over 28,000 media markets. Print and outdoor advertising is also in development. The NASC has also created a campaign brochure and a report on recently gathered data about the attitudes of this age group and the general population regarding stigma, and distributed a resource guide entitled, "Developing a Stigma Reduction Initiative," that gives detailed information on how to mount a State or local stigma reduction campaign. The NASC is also partnering with many States and local communities to use the campaign materials in their State or local campaigns. Information about these partnerships and how you can partner with the NASC, the NASC TV and radio PSAs, and many additional materials are available via the NASC Web site at www.whatadifference.samhsa.gov or SAMHSA's National Mental Health Information Center at 1-800-789-2647.

AND
US heating bills up, but federal aid down
from the March 09, 2007 edition -
http://www.csmonitor.com/2007/0309/p01s03-usec.html

International Women's Day 2007
http://www.un.org/events/women/iwd/2007/sg-message.shtml

Depression linked to small babies weight
http://news.bbc.co.uk/2/low/health/6419537.stm

FINALLY
Connections Resource Fair

Connections 2007
A Free Resource Fair for Children and Youth with Special Needs
Saturday, April 21, 2007, 9:30 AM- 1:30 PM
Children's Museum of Richmond, 2626 West Broad St., www.c-mor.org

Special Features
*Free admission to the Children's Museum for the first 400 fair participants
* Ronald McDonald
* VCU Medical Center's Dogs On Call
* Positive Vibe Café
* Chesterfield County Police Project Lifesaver
* Vision Screening by Lucy A. Memmo, M.Ed., Vision Education Consultant
* Sign Language and Spanish Interpretation available throughout the day.

More then 50 Community Exhibitors from various programs and agencies.

For more information, contact Central Virginia Care Connection for Children at (804) 827-1795* toll free (866) 737-5965 * www.careconnections.vcu.edu


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

Keith-

========================================================
1. DISABILITY, POVERTY AND SYSTEMIC SSI-RELATED DISCRIMINATION
2. ACCESSIBLE TAX PRODUCTS AND TIPS FOR BLIND TAXPAYERS
3. PERSONAL RESPONSIBILITY - LOOKS GOOD ON PAPER, BUT......
4. NOMINATE A YOUNG PERSON FOR YOUTH SERVICE AMERICA COUNCIL
========================================================
********************************************************
DISABILITY, POVERTY AND SYSTEMIC SSI-RELATED DISCRIMINATION
********************************************************  
Disability, Poverty and Systemic SSI-Related Discrimination - Information Bulletin  #201 Part A (3/07)

As a result of writing "Disabled People and Poverty in 2007" ( Information Bulletin # 197 A), a form of discrimination related to SSI became very apparent to me. Because I have not seen it discussed publicly, I thought you might be interested.

BACKGROUND INFORMATION -

Most folks think of Supplemental Security Income (SSI) as only the monthly check older Americans and people with disabilities receive to live in the community in their own apartments/ homes or with a spouse. They typically also think that SSI benefits are entirely from the federal government. Those assumptions are not true.

There are also State supplementary payments made by many States "to a recipient" of SSI as a "complement" to the Federal benefit rate.  The combined federal and state benefit is supposed to "increase the amount of income available to the [SSI] recipient to meet his[/her] needs."

In 2007, the SSI "Federal Benefit Rate"  (FBR) is $623 a month.  This is what the federal government mandates as the MINIMUM monthly benefit throughout the country. It's what federal taxes and revenue pay to SSI recipients.  If an older American or person with a disability receives only $623 a month, they are being expected to survive on an amount of income that is only at 76% of the federal poverty level.

What is not widely known is that states may supplement the federal benefit rate with an "optional state supplement"(OSS).  Some states pay a supplement to persons who live in the community, some states pay a supplement to persons who reside only in state institutions or group living situations (aka "community institutions"), e.g., assisted living facilities, personal care boarding facilities, foster care homes, domiciliary care facilities.  Some states do not pay OSS regardless of where the person lives.

Therefore, in addition to the minimum federal benefit rate of $623 a month, states may pay an "optional state supplement "(OSS) for people to live either in the community, alone or with a relative or an attendant, or in an institution.  States receive no federal match for any optional state supplement that is paid with state funds. Depending to which living situations a state pays its OSS, obviously, impacts on whether a person will be financially able to reside "in the most integrated setting" - their own home or at least with a relative in the community.

A BREAKDOWN LOOKING AT BOTH ADA DISCRIMINATION AND POVERTY

Let's look at the breakdown of states' monthly OSS payments based on whether they are paid to persons living in their own households in the community versus in an institutional/group/congregate setting. For the purposes of our breakdown we are including "community institutions" (group homes, board and care homes, domiciliary care homes, adult foster care homes and any other group living situations) in our definition of "institution."  It's important to remember that the optional state supplements are paid in addition to the federal benefit rate. The following data is from the SSA document "State Assistance Programs for SSI Recipients, January 2006," and can be found at http://ssa.gov/policy/ - just click on "State Assistance Programs for SSI Recipients, January 2006" (There is a link to download the entire book in pdf), or: www.socialsecurity.gov/policy/docs/progdesc/ssi_st_asst/2006/index.html

While there is great variation by state in how OSS is paid and who qualifies, here are some of the things we know for sure.

A mere 3 states pay an optional state supplement only if the person on SSI lives "independently" in the community. These states do not pay OSS to any kind of institutional setting - this encourages integration.

8 states pay NO OSS at all regardless of where the person receiving SSI lives (in the community or in an institution) - they are just cheap and keep persons on SSI in deeper poverty, but are "neutral" with integration.

23 states pay an OSS for SSI recipients who live either in their own home in the community OR in institutional settings - these states might be considered fair IF the amount of the optional state supplements were the same or higher in the community than in the institution. Because most states pay much more to the group/institutional settings, they are discriminating against "the most integrated setting" and are not significantly helping the poverty issue.

17 states pay OSS only if the person on SSI resides in an institutional setting. They do not pay any OSS to people living in their own homes in the community - these states are the most obviously discriminatory and they are perpetuating poverty for SSI recipients.

The overall discrimination occurs in several ways.  As you look at the following numbers, remember to compare the total income (FBR +OSS) for each person in a community/independent setting versus the total (FBR +OSS) available to persons in institutional/group settings. You will need to add the FBR for 2007, $623/month, to each of the following OSS numbers, and just fyi, the OSS numbers may have been rounded up or down to the nearest dollar.

THE 23 STATES THAT PAY OSS TO BOTH COMMUNITY AND "COMMUNITY INSTITUTIONAL" SETTINGS

First, these 23 states pay a monthly optional state supplement for SSI recipients regardless of where the person lives, i.e., whether in their home or in institutional settings.  However, OSS payments vary markedly from state to state, and in nearly every state people living in institutions, such as group homes, receive much larger optional state supplement payments than they would receive if they lived in the community in their own household.

Alabama - $60 a month OSS for an individual living alone in the community versus $110 OSS a month for a person living in adult foster care and $196 a month OSS in CP treatment center.

Alaska - $362 OSS a month for an individual living alone in the community versus $100 a month OSS for a person living in assisted living.

California - $209 a month OSS for an individual living alone in the community ($274 if you are blind) versus $407 a month OSS for a person living in "non-medical out of home care, living in household of another." (There are additional OSS amounts in CA, but the effect is the same)

Colorado - $25 a month OSS in your own home versus $271 a month OSS in adult foster care. CO also pays an OSS of $464.15/month for people in their own homes who would otherwise qualify for a nursing home.

Connecticut - $168 OSS in independent community living versus an unstated, variable amount of OSS to licensed room and board facilities. Those OSS payment amounts are set based on individual cost data for the operations of each individual facility.

Idaho - $32 OSS for living independently or in the household of another versus $177 OSS in Room and Board facility or group home and from $319 to $453 in Assisted living facility or certified family home Levels I - III.

Illinois - Specific amounts not reported, but OSS is paid for both living independently, and either a Room and board facility or residential facility. OSS based on given individual needs.

Iowa - $22 OSS for living independently or in the household of another versus $291 in Residential care. There is also an OSS of up to $480.55/mo for people who get home care to prevent institutionalization in a nursing home.

Maine - $10 OSS for living alone or with others versus $49 in foster care, $217 in flat-rate boarding home, and $234 in cost-reimbursement boarding home.

Massachusetts - $114 OSS for living independently (with higher rates paid to people who are older or blind) versus $454 in assisted living and $293 in licensed rest home.

Michigan - $14 OSS if living independently versus $87 domiciliary care, $157 personal care facility (group home/adult foster care home), and $179 home for aged.

Minnesota - $81 OSS if living independently versus $130 in non-medical group residential facility.

Nevada - No OSS for people with disabilities in ANY living situation versus $36 OSS for aged and $109 for blind living independently versus $391 domiciliary care for aged and blind only.

New Hampshire - $27 OSS for living independently or with others versus $207 for a residential care facility and $149 for a community residence.

New Jersey - $31 OSS for living alone or with others versus $150 OSS for a congregate care facility and $210 OSS in a residential health care facility.

New York - $87 OSS for people living alone, or in some cases with others versus $266 OSS in a level 1 congregate care facility, $435 in a level 2 facility, and $525 in a level 3 facility.

Oregon - $1.70 OSS is paid for aged and disabled in ALL living situations (living alone, household of another, and residential care facility or adult foster care facility). If someone is blind, the OSS increases to $26.70 in all living situations.

Pennsylvania - $27 OSS for people living alone or in someone else's household versus $389 OSS in domiciliary care facility and $394 OSS in personal care boarding home.

Rhode Island - $57 OSS for people living alone versus $575 in adult residential care or assisted living facility.

South Dakota - $15 OSS for people living independently versus $570 OSS in assisted living facility and $287 in adult foster care home.

Vermont - $52 OSS for people living independently versus $224 residential care home level IV and $99 custodial care family home.

Washington - $46 OSS for people living independently or in congregate care group facilities.

Wisconsin - $84 OSS for people living independently versus $180 OSS in non-medical group home.

THE 17 STATES THAT PAY OSS ONLY FOR INSTITUTIONAL SETTING ("Community Institutions" or group/congregate settings)

Second, there are 17 states that pay a monthly optional state supplement ONLY if the person on SSI resides in a "community institution" or group setting. These states pay NO optional state supplement if the person lives in the community.  In these states, older Americans and persons with disabilities in the community receive only the federal benefit rate, but if they were institutionalized in assisted living facilities, personal care boarding facilities, foster care homes, domiciliary care facilities, these institutions would receive both the federal benefit rate and the following optional state supplement (OSS) for each person.

Delaware - $140 OSS for the person living in adult certified residential care facility.

DC - $347 OSS for a person living in adult foster care "home" with less than 50 beds and $457 OSS in adult foster care "home" with over 50 beds.

Florida - $78 OSS for a person living in either assisted living facility or adult family care.

Hawaii - $522 OSS in either a foster care home or domiciliary care facility level I and $630 in domiciliary care facility level II.

Indiana - $594 OSS for someone to live in a licensed residential facility.

Kentucky - $520 OSS for personal care facility and $172 in family care home. (Kentucky also pays $62/mo OSS to people in their own homes who are eligible to receive caretaker services to prevent institutionalization, so maybe it should be in previous category.)

Louisiana - $8 OSS in Medicaid facility only (e.g. a nursing home or a state developmental disability institution). There is no OSS paid to people living in their own home, or living in a "community institution."

Maryland - $184 OSS in assisted living facility, and $66 in a care home with minimal supervision, $175 in a care home with moderate supervision, $463 in a care home with extensive supervision, and $666 in a care home with specialized and intensive supervision.

Missouri - $156 and $292 OSS for licensed residential care facility, levels I and II, and $390 OSS for licensed intermediate care or skilled nursing home.

Montana - $94 OSS for assisted living facility or group home, $52.75 for an adult foster care home, and $26 for a transitional group living situation.

Nebraska  -  $118 OSS in a room and board facility, $148 in a certified adult family home, $188 in a licensed center for the developmentally disabled,  and $428 in assisted living.

New Mexico b $100 OSS for people in an adult residential care home.

North Carolina - $561 OSS for an adult care home (basic), $674 for a "disenfranchised" adult care home, and $958 OSS for a special care unit adult care home.

Ohio - $306 OSS in adult community mental health housing, $506 OSS adult family or foster home, adult community alternative home,or adult residential care facility, and $606 OSS in an adult group home and residential care facility.

South Carolina - $348 OSS in a licensed residential care facility.

Texas - $30 OSS is paid to SSI recipients living in Medicaid facilities only (e.g. a nursing home or a state developmental disability institution). There is no OSS paid to people living in their own home, or living in a "community institution."

Virginia - $597 or $449 OSS is paid in assisted living facilities and in adult foster care (the OSS amount depends on geographic location).

THE 7 STATES THAT PAY NO OSS UNDER ANY CIRCUMSTANCES

The 7 states that pay absolutely no OSS whatsoever- in any living situation- are Arizona ( if person "requires housekeeping services," the state pays $70 as OSS under the auspices of the Social Security Act for those services, but does not pay any additional cash OSS benefits), Arkansas, Georgia, Kansas, Mississippi, North Dakota, Tennessee, West Virginia (while WV does not technically provide an OSS under the auspices of the Social Security Act, it does make monthly payments on behalf of each resident to providers who run Adult Family Care Homes ($814/month), Licensed Personal Care Homes, ($1056.50/month) and Residential Board and Care Homes ($1056.50/month), so maybe WV should be in the preceding category.)

THE 3 STATES THAT PAY OSS ONLY IN INDEPENDENT SETTINGS

The 3 states that pay an optional state supplement only if the person lives in their own household in the community are Oklahoma ($48 a month OSS), Utah ($3 a month OSS for someone living in the household of another ($9.70 for a couple), and $4.60 OSS for a couple living independently), and Wyoming ($10 a month OSS).

Why would States want to pay an optional state supplement to "community institutions", such as assisted living facilities, personal care boarding facilities, foster care homes, domiciliary care facilities?  How do such payments satisfy the ADA's "the most integrated setting" mandate?  Aren't such payments another form of institutional bias that we have seen in other situations? Supporting these "community institutions" perpetuates discrimination against persons with disabilities and older Americans.

In the next Information Bulletin, we'll discuss some these questions in more detail, and some strategies you can use to reduce this discrimination.

Special, special thanks goes to Marsha Katz, Rural Institute at the U of Montana, for her SSI expertise and encouragement.

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 or call 215-627-7100.

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ACCESSABLE TAX PRODUCTS AND TIPS FOR BLIND TAXPAYERS
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Accessible Tax Products and Tips for BlindTaxpayers

Accessible Tax Products Available at the IRS
Have you ever wanted to prepare your own Federal tax return, look at publications to find out what deductions and credits are available, or to emboss IRS material?  It's possible through the IRS website at: www.irs.gov.

Tax Credits You May Qualify For

Telephone Excise Tax Refund (TETR)
The Telephone Excise Tax Refund (TETR) is a one-time credit available on your 2006 federal income tax return. It is designed to refund previously collected long distance telephone taxes. Individuals, businesses and tax-exempt organizations are eligible to request it.  It is not necessary to meet a tax filing requirement to get this refund, but you must file a form.  To read more about it, go to:
http://www.irs.gov/newsroom/article/0,,id=164032,00.html

The Earned Income Tax Credit (EITC)
The Earned Income Tax Credit (EITC) sometimes called the Earned Income Credit (EIC) is a refundable federal income tax credit for low-income working individuals and families. Congress originally approved the tax credit legislation in 1975 in part to offset the burden of social security taxes and to provide an incentive to work. When the EITC exceeds the amount of taxes owed, it results in a tax refund to those who claim and qualify for the credit.

To qualify, taxpayers must meet certain requirements and file a tax return, even if they did not earn enough money to be obligated to do so.  To find out more, go to:
http://www.irs.gov/individuals/article/0,,id=96406,00.html.

To download or review accessible tax products

" To download accessible IRS tax products, go to: http://www.irs.gov/formspubs/article/0,,id=96151,00.html
" To download accessible tax forms (Braille and Text formats) at: http://www.irs.gov/formspubs/article/0,,id=131773,00.html
Through these forms and instructions, you can learn how to complete the forms and what publications will give more information on certain tax topics.

" To download accessible HTML instructions for tax forms: http://www.irs.gov/instructions/index.html
" To download accessible tax publications (Braille and Text formats) at: http://www.irs.gov/formspubs/article/0,,id=131761,00.html  or
" If you prefer, you can link to accessible HTML publications at: http://www.irs.gov/publications/index.html
" To download accessible talking tax forms go to: http://www.irs.gov/formspubs/article/0,,id=98135,00.html

The "Talking Tax Forms" referenced above, are exactly like the fillable PDF tax forms used by taxpayers who have no vision disabilities.  They may be filled in by computer and can be accessed by screen readers and refreshable Braille devices.   The IRS has made all of its' tax forms available in this accessible PDF format.  

If you're just interested in ordering a Braille or large print tax product, you can call our Forms Line at: (800) 829-3676.  If you have a tax law or account related question, call: (800) 829-1040.

To leave a comment about IRS accessible tax products or any other feature about the IRS.gov web site, please visit our web comments page at http://www.irs.gov/help/page/0,,id=13148,00.html. 

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PERSONAL RESPONSIBILITY - LOOKS GOOD ON PAPER, BUT..
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Personal Responsibility

February 8, 2007 • Volume 7, Issue 6

The Bush administration wants high-and moderate-income people with Medicare to pay higher premiums for Part D drug coverage and expand the number of people having to do so for Part B, which covers doctor visits and other outpatient services.

It is a bad idea that in the long run will undermine the Medicare program.

Starting this year, the same law that gave us Part D forces individuals earning more than $80,000 ($160,000 for couples) to pay higher Part B premiums as Medicare reduces the portion it pays. (Historically, Medicare has paid 75 percent of the monthly cost of Part B for everyone in the program.)

In the budget proposed to Congress this week, the Bush administration recommended extending that policy to Part D.

Worse, the Bush budget would over time raise the monthly Part B and Part D premiums for increasing numbers of moderate-income older adults and people with disabilities. This will happen because the budget proposes to stop indexing the income thresholds to inflation. As the value of the dollar shrinks year-to-year and an $80,000 income that looks ample now buys a lot less food, medical care and housing, the higher monthly premiums will start to hit more and more middle-class people with Medicare.

The problem, however, is not just the pinch that middle-class people with Medicare—who already pay between 15 and 30 percent of their incomes on health care—will feel from higher premiums. It is not just that the proposal would impose a form of double taxation on people who already paid more into the Medicare system because their Medicare and income taxes were higher during their working years.

The problem is that this proposal transforms Medicare from a universal benefit that is the same for all older adults and people with disabilities into a welfare program that helps the poor but provides scant benefits for the middle class and those better off. This will inevitably weaken the near-universal political support for Medicare, making it easier in the future to further reduce benefits and harder to generate support to sustain the program.

The Bush administration describes this plan as an effort to make higher-income people with Medicare more “aware” of their health care costs and more “responsible” for paying their share. In fact, it is an effort to make moderate-and higher-income Americans less aware that, if they want decent health care in their old age or if they get hurt, they need to work to make sure Medicare is around for everyone. It makes them responsible for paying higher Medicare premiums but less responsible for ensuring that Medicare works for everyone.

Medicare embodies a promise from all Americans to ensure that all older adults and people with disabilities have access to high-quality health care. Fulfilling that promise is everyone's personal responsibility.
(thax medicarerights)

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NOMINATE A YOUNG PERSON FOR YOUTH SERVICE AMERICA COUNCIL
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Nominate a Young Person for the Youth Service America National Youth Council

Do you know a young person committed to service, learning, and leadership?

The Youth Service America National Youth Council is a prestigious group of outstanding young people ages 12-22 from across the United States that serve as advisors to Youth Service America in its programming, direction, and evaluation. The National Youth Council serves as a catalyst for the youth service movement through national and international projects that promote youth voice, youth leadership, and youth decision-making.

The National Youth Council is currently seeking nominations! For a nomination form e-mail dhatcher@ysa.org

To learn more, visit http://www.ysa.org/yvi

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

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

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

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

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DAC News V7-#43  Sunday, March 04, 2007 -- No Vote, No Voice!  
========================================================
I don't know why, but information and stories seem to gravitate towards DAC newsletters at the most appropriate times. After the recent surgery of a young girl named Ashley, who's parents had her surgically altered to remain a small child many advocates were up in arms. Perhaps this is why the 1st story we're running today might help explain that just because you're physically or mentally different, you still have a life to live and a purpose for that life.

Please read Oliver's Story by Christopher de Vinck. I think it puts life into perspective. Christopher de Vinck has wrote speeches for Eunice Kennedy Shriver and the Special Olympics. He was invited to the Vatican to give a talk as the closing presentation at the international conference on the disabled. The essay you will read below generated a personal note from President Reagan when he was in the White House, and a personal note from Laura Bush a few years ago as well. His book is still in print since 1988. First published with Doubleday, then HarperCollins, and now with Crossroad Books, New York.

Chris is available as a speaker and travels the world doing so. For more information and to contact Chris write: 11 Woodland Court, Pompton Plains, NJ 07444, phone number (973) 835-1149 and/or e-mail: cdevinck@hotmail.com 

I hope you enjoy Oliver's Story as our first read, I did:) .............kk-

NEXT
SMART Newsletter for March 2007
Click on the link below to access the March SMART newsletter:
http://smartoneinc.net/newsletter/Smart_One_Newsletter_Mar07.pdf

If you have a special needs child who cannot read or is having problems with their reading, please check out the free reading workshop (Literacy for Lunch) on page 4.  If you are interested in attending, please let us know as soon as possible.

Thanks,
Vickie
SMART-One, Inc.
(757) 875-9168

For more information, go to our web site at:  www.smartoneinc.net

NEXT
DAYLIGHT SAVING TIME STARTS MARCH 11
Beginning in 2007, you'll have an extra month to enjoy Daylight Saving Time (DST). For most of the United States, DST will begin at 2:00 a.m. on the second Sunday of March and end at 2:00 a.m. on the first Sunday of November (this year its November 4th). The new start and end dates were set by the Energy Policy Act of 2005.

AND
[WRIGHTSLAW] Will Supreme Court Side with Parents in Winkelman v. Parma? Oral Argument Provides Clues
Download the printer-friendly version of this news alert:
http://www.wrightslaw.com/news/07/oa.winkelman.parma.htm

CONFERENCE IN FLORIDA
Felon Enfranchisement Conference April 17/18 - Registration is now open for "Breaking Barriers to the Ballot!"
To register for the conference, click on the link below: (all registration is done online)
http://action.aclu.org/site/Calendar/249431457?view=Detail&id=102341

Double Tree Ocean Point Resort
Miami, Florida

Don't forget to fill out a scholarship form when you register if you are looking for financial assistance to attend this event.

ANOTHER CONFERENCE
[safeyouth] SRO Training Opportunity by Street Law, Inc. and Constitutional Rights Foundation
I am writing to inform you of an upcoming training opportunity offered by Street Law, Inc. and Constitutional Rights Foundation and supported by the Office of Juvenile Justice and Delinquency Prevention. 

We are gearing up for an exciting training this spring in Austin, TX.  We would really appreciate it if you could pass along this e-mail to friends and colleagues who you think would enjoy and benefit from this training.

Here are the basics:
* WHO: school resource officers (SROs), as well as school administrators and educators who work with SROs
* WHAT:  two and a half day institute to help officers:
- network with peers from across the country who are involved with teaching young people about the law
- become more successful in teaching young people about law, delinquency prevention, the legal system, and how young people can take responsibility for their safety and their communities
- use interactive, relevant, and high interest lessons to engage students
- improve their programs by using best practices in law-related education

* WHEN: April 23 – 25, 2007

* WHERE: Austin, Texas, a city known for its great food, live music and laid-back style.

* COST: $200 registration fee includes three sets of lesson plans and curricula, training from nationally recognized leaders in law-related education, continental breakfasts, lunches and coffee breaks on training days.  Participants are responsible for their own travel, lodging ($85/night), and food not provided at the training.  (More information about lodging and the hotel we are using can be found at our web site listed below.)

* SPONSORS: The training is conducted by Street Law, Inc. and Constitutional Rights Foundation.  The training is funded by the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice.

* HOW: To learn more about the institute and to complete an application, please go to our Web page at: www.streetlaw.org/srotraining.asp  There are only 25 spots for this training and applications are accepted on a first-come, first-serve basis.  For more information, contact Shannon Tobin at STobin@streetlaw.org or call her at 240-821-1324.

NEWS OF INTEREST
Walter Reed Patients Told To Keep Quiet <-heck no, don't keep quite, yell..kk
http://www.armytimes.com/news/2007/02/TNSreedinspect070227/

Roadmap to Mobility
http://www.spiegel.de/international/0,1518,467753,00.html

NEW DETAILS IN SCHIZOPHRENIA TREATMENT TRIAL EMERGE
http://www.nih.gov/news/pr/mar2007/nimh-01.htm

Service dogs work ATM machines
http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=439529&in_page_id=1770

HPV <---I disagree in having young girls take this shot without the known long term effects, not to mention it's being pushed by a drug company for politicians to push on to you. This deal stinks......kk-
JAMA Patient Page: Human Papillomavirus Infection
http://jama.ama-assn.org/cgi/content/full/297/8/912
American Medical Association

[News from ADA-Ohio] EEOC new fact sheet: Q&A re Health Care Workers & the ADA
The Equal Employment Opportunity Commission has released a new fact sheet titled:  Questions and Answers about Health Care Workers and the Americans with Disabilities Act

It is available on-line at: http://www.eeoc.gov/facts/health_care_workers.html

The new Q&A fact sheet provides practical information about applying ADA employment rules in healthcare jobs, in a variety of settings--from public and private hospitals and nursing care facilities to doctors' and dentists' offices and diagnostic laboratories.

ADHD Drug Makers Directed to Alert Patients to Side Effects
FDA has directed the makers of 15 drugs approved to treat attention deficit hyperactivity disorder (ADHD) to include information in the product labeling alerting patients about possible risks of cardiovascular and psychiatric adverse effects. ADHD -- characterized by inattention, hyperactivity and impulsivity -- affects as many as 7 percent of school-age children and 4 percent of adults in this country.
http://www.fda.gov/bbs/topics/NEWS/2007/NEW01568.html

Some interesting cell phone tips
THINGS YOU NEVER KNEW YOUR CELL PHONE COULD DO.
Even if you do know these things, it might be an interesting refresher …
  
There are a few things that can be done in times of emergencies. Your mobile phone can actually be a life saver or an emergency tool for survival. Check out the things that you can do with it:
   
FIRST Subject: Emergency
The Emergency Number worldwide for Mobile is 112. If you find yourself out of the coverage area of your mobile; network and there is an emergency, dial 112 and the mobile will search any existing network to establish the emergency number for you, and interestingly this number 112 can be dialed even if the keypad is locked. Try it out. 

SECOND Subject: Have you locked your keys in the car?
Does your car have remote keyless entry? This may come in handy someday. Good reason to own a cell phone: If you lock your keys in the car and the spare keys are at home, call someone at home on their cell phone from your cell phone. Hold your cell phone about a foot from your car door and have the person at your home press the unlock button, holding it near the mobile phone on their end. Your car will unlock. Saves someone from having to drive your keys to you. Distance is no object. You could be hundreds of miles away, and if you can reach someone who has the other "remote" for your car, you can unlock the doors (or the trunk).
Editor's Note: It works fine! We tried it out and it unlocked our car over a cell phone!"  NOTE: This may not work on most cars according to Snope.com

THIRD Subject: Hidden Battery Power
Imagine your cell battery is very low. To activate, press the keys *3370# your cell will restart with this reserve and the instrument will show a 50%  increase in battery. This reserve will be recharged when you charge your cell phone the next time.   

FOURTH How to disable a STOLEN mobile phone?
To check your Mobile phone's serial number, key in the following digits on your phone: * # 0 6 # A 15 digit code will appear on the screen. This number is unique to your handset. Write it down and keep it somewhere safe. When your phone gets stolen, you can phone your service provider and give them this code. They will then be able to block your handset so even if the thief changes he SIM card, your phone will be  totally useless. You probably won't get your phone back, but at least you know that whoever stole it can't use/sell  it either. If everybody does this, there would be no point in people stealing
mobile phones.
   
And Finally....FIFTH Free Information
Cell phone companies are charging us $1.00 to $1.75 or more for 411 information calls when they don't have to. Most of us do not carry a telephone directory in our vehicle, which makes this situation even more of a problem. When you need to use the 411 information option, simply dial: (800) FREE 411, or (800) 373-3411 without incurring any charge at all. Program this into your cell phone now.

FINALLY
2007 Disability Policy Seminar New Web Site Link For Final Program, Fact Sheets and Other Seminar Materials
2007 Disability Policy Seminar
http://www.thearc.org/NetCommunity/Page.aspx?&pid=1404&srcid=209


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

Keith-

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1. POWER OF THE POWERLESS: A BROTHER'S LESSON - OLIVER'S STORY
2. MFP - THE TEXAS EXPERIENCE AND CHALLENGE
3. MOTORIZED WHEELCHAIRS FOR NURSING HOME RESIDENTS
4. ROLE MODEL -- WHY MEDICARE OF COURSE FOR INSURANCE WOES
5. DEAR MARCI - EXTRA HELP IN GETTING EXTRA HELP
6. READING PROGRAM, DIFFERENTIATED INSTRUCTION, LEVEL CHILD READS
========================================================
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POWER OF THE POWERLESS: A BROTHER'S LESSON - OLIVER'S STORY
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Power of the Powerless: A Brother's Lesson
by Christopher de Vinck

The Wall Street Journal

I grew up in the house where my brother was on his back in his bed for almost 33 years, in the same corner of his room, under the same window, beside the same yellow walls. Oliver was blind, mute. His legs were twisted. He didn't have the strength to lift his head nor the intelligence to learn anything.

Today I am an English teacher, and each time I introduce my class to the play about Helen Keller, "The Miracle Worker," I tell my students about Oliver. One day, during my first year teaching, a boy in the last row raised his hand and said, "Oh, Mr. de Vinck. You mean he was a vegetable."

I stammered for a few seconds. My family and I fed Oliver. We changed his diapers, hung his clothes and bed linen on the basement line in winter, and spread them out white and clean on the lawn in the summer. I always liked to watch the grasshoppers jump on the pillowcases.

We bathed Oliver. Tickled his chest to make him laugh. Sometimes we left the radio on in his room. We pulled the shade down over his bed in the morning to keep the sun from burning his tender skin. We listened to him laugh as we watched television downstairs. We listened to him rock his arms up and down to make the bed squeak. We listened to him cough in the middle of the night.

"Well, I guess you could call him a vegetable. I called him Oliver, my brother. You would have liked him."

One October day in 1946, when my mother was pregnant with Oliver, her second son, she was overcome by fumes from a leaking coal-burning stove. My oldest brother was sleeping in his crib, which was quite high off the ground so the gas didn't affect him, My father pulled them outside, where my mother revived quickly.

On April 20, 1947, Oliver was born. A healthy looking, plump, beautiful boy. One afternoon, a few months later, my mother brought Oliver to a window. She held him there in the sun, the bright good sun, and there Oliver looked and looked directly into the sunlight, which was the first moment my mother realized that Oliver was blind.

My parents, the true heroes of this story, learned with the passing months, that blindness was only part of the problem. So they brought Oliver to Mt. Sinai Hospital in New York for tests to determine the extent of his condition.

The doctor said that he wanted to make it very clear to both my mother and father that there was absolutely nothing that could be done for Oliver. He didn't want my parents to grasp at false hope. "You could place him in an institution," he said. "But," my parents replied, "he is our son. We will take Oliver home of course." The good doctor answered, "Then take him home and love him."

Oliver grew to the size of a 10-year-old. He had a big chest, a large head. His hands and feet were those of a five-year-old, small and soft. We'd wrap a box of baby cereal for him at Christmas and place it under the tree; pat his head with a damp cloth in the middle of a July heat wave. His baptismal certificate hung on the wall above his head. A bishop came to the house and confirmed him.

Even now, five years after his death from pneumonia on March 12, 1980, Oliver still remains the weakest, most helpless human being I ever met, and yet he was one of the most powerful human beings I ever met. He could do absolutely nothing except breathe, sleep, eat, and yet he was responsible for action, love, courage, insight.

When I was small my mother would say, "Isn't it wonderful that you can see?" And once she said, "When you go to heaven, Oliver will run to you, embrace you, and the first thing he will say is 'Thank you."' I remember, too, my mother explaining to me that we were blessed with Oliver in ways that were not clear to her at first.

So often parents are faced with a child who is severely retarded, but who is also hyperactive, demanding or wild, who needs constant care. So many people have little choice but to place their child in an Institution. We were fortunate that Oliver didn't need us to be in his room all day. He never knew what his condition was. We were blessed with his presence, a true presence of peace.

When I was in my early 20s, I met a girl and fell in love. After a few months I brought her home to meet my family. When my mother went to the kitchen to prepare dinner, I asked the girl, "Would you like to see Oliver?" for I had told her about my brother. "No," she answered.

Soon after, I met Roe, a lovely girl. She asked me the names of my brothers and sisters. She loved children. I thought she was wonderful. I brought her home after a few months to meet my family. Soon it was time for me to feed Oliver. I remember sheepishly asking Roe if she'd like to see him. "Sure," she said.

I sat at Oliver's bedside as Roe watched over my shoulder. I gave him his first spoonful, his second. "Can I do that?" Roe asked with ease, with freedom, with compassion, so I gave her the bowl and she fed Oliver one spoonful at a time.

The power of the powerless. Which girl would you marry? Today Roe and I have three children.

********************************************************
MFP - THE TEXAS EXPERIENCE AND CHALLENGE
********************************************************
Money Follows the Person - The Texas Experience and Challenge - Information Bulletin # 198 (2/07)

Texas started its Money Follows the Person program with only a state rider to its budget a number of years ago. It did not wait for Congress to offer an "enhanced federal match." Texas recognized that it could both SAVE state funds by providing community-based services and provide a true CHOICE for Older Americans and Persons with Disabilities.

Let's look at the Texas experience (data as of 11/30/06 and limited to those persons who enrolled in the MFP after 9/1/03, so the following numbers are an understatement):

There were 5,053 Texans with disabilities who left nursing homes and returned to the community.

A. Of these, 64% were female (3,254) and 36% male.

B. By age:

* 11 were more than 100 years old.
* 87 were 95 - 99 years old.
* 257 were 90 - 94.
* 1,139 were 80 - 89.
* 1,132 were 70 -79.
* 471 were 65- 69.
* 1,375 were 45 - 64.
* 372 were 22 - 44.
* 209 were 0 - 21.

This means that 30% of the persons who used the Texas MFP were 80 years old and older.

C. By Living Arrangement:

* 2,300 (46%) moved from the nursing facility to live with their family.
* 1,127 (22%) moved from the nursing facility to live alone.
* 41 (0.8%) moved to adult foster care.
* 1,397 (28%) moved to alternative living/residential care (assisted living).
* 2 (0.03%) moved to ICF/MR

Put another way, 68% moved from the nursing home to live in the community either to live alone or to live with their family!

D. By service group/program in the community:

* 4,755 are in the Texas CBA - a Medicaid "Community-Based Alternative" nursing home waiver for persons 18 years and above.
* 37 CLASS - a Medicaid Community Living Assistance Support Services, an ICF-Related Condition Waiver.
* 63 Star+Plus - an integrated long-term care and acute Medicaid manage- care program.

The Texas Challenge for advocates of Older Americans and Disabled People:

If Texas could do this for 5,053 people WITHOUT a Money Follows the Person enhanced federal match grant, EVERY STATE can also do it! There was no magic in Texas. They just decided to do it. They put aside all the excuses and just did it.

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 or call 215-627-7100.

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MOTORIZED WHEELCHAIRS FOR NURSING HOME RESIDENTS
********************************************************
Motorized Wheelchairs for Nursing Home Residents - Information Bulletin # 200 (3/01)

On February 27, 2007, after four years of community organizing and contentious litigation, a federal court in Illinois approved a class action Settlement Agreement that requires more than 13,000 persons with disabilities in nursing homes be assessed and evaluated for customized motor wheelchairs.  If wheelchairs are found medically appropriate for a person, the Settlement Agreement requires a motorized wheelchair be provided.

Access Living, the Chicago Center for Independent Living and its attorney, Max Lapertosa, recognized that there were many persons in nursing homes who needed and were being denied motorized wheelchairs.  We used the Minimum Data Set (MDS), to establish categories of persons in nursing homes who might need a motorized wheelchair, e.g., "other person wheels," "totally dependent on others" for movement, "locomotion off unit," "quadriplegia," and many others. This information is available in your State for each nursing home with the MDS.

The Settlement Agreement developed a "triage" form that will be used for all 13,000 people who, according to the MDS, falls within a specific category.  After this form is completed, persons will be assessed by a "qualified professional" and, if determined medically necessary and appropriate, will receive either a customized motorized wheelchair (paid for by the State), or a non-customized motorized wheelchair or manual wheelchair (paid for by the nursing home out of the per diem it receives from the State).

The Illinois Health Care Association representing the nursing facilities/homes went to court and opposed the Settlement Agreement. Why? The Illinois Health Care Association presented three arguments:

1.  Nursing facilities did not have "qualified professionals" who can do "rehabilitation seating and positioning."

The Settlement Agreement defined "qualified professionals" as an occupational or physical therapist or other health professional who either has "at least two years' experience in rehabilitation seating and positioning" or currently is licensed and received at least five hours of training in the past year, or is certified by RESNA, the professional association.

Even the State defendants stated that the Settlement Agreement's "evaluation process is no more than what nursing facilities should be doing on a routine basis to determine whether any nursing facility resident needs any kind of care, including durable medical equipment."

2.  Nursing facilities did not want to pay for non-customized motorized wheelchairs out of their per diem, and Medicaid does not reimburse for non-customized motorized wheelchairs.

However, the federal Medicaid statute requires each nursing facility to furnish any medical equipment that "will promote maintenance or enhancement of the quality of life of each resident." Also, non-customized motorized wheelchairs are standard durable medical equipment for nursing facility residents and are part of the Medicaid per diem reimbursement.

3.  Because the Settlement Agreement required that if nursing facilities did not comply, the State must "take all appropriate action" against the nursing facilities, including "decertifying the facility as a MA provider" or imposing "fines and/or [other] licensor action," the Illinois Health Care Association strenuously objected.

The Illinois Health Care Association was afraid that the "state agency" might really do what a state agency is supposed to do! Even though the federal court approved the Settlement Agreement, the nursing facilities' opposition was appalling.

Nationally, according to CMS, there are about 469,000 persons in nursing facilities are classified as "totally Dependent to move off their unit." In that subgroup, 215,000 require "extensive assistance" to move off their unit, and about 88,000 "actually did NOT" move off their units.  You should be addressing the mobility needs of these people.

In your States, how many people in nursing facilities would benefit from a motorized wheelchairs?  How many people would increase their independence and maybe even think about going outside, if they could ambulate with a motorized wheelchair?  Is your State holding the nursing facilities accountable?  Are the doctors in the nursing homes prescribing wheelchair evaluations and assessments?  Are disability advocates raising this issue in your State?

Steve Gold, The Disability Odyssey continues

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ROLE MODEL -- WHY MEDICARE OF COURSE FOR INSURANCE WOES
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Role Model

March 1, 2007 • Volume 7, Issue 9

The spiraling costs of health care and dwindling employer-provided insurance coverage have fueled a renewed nationwide debate over how to reform America’s health care system. As the number of uninsured Americans continues to rise, it has become alarmingly clear that the nation’s current fragmented health care system is inefficient, wasteful and far too costly.

One model of reliable and affordable health care, though, emerges from the debate: Medicare.

Medicare has proven to be a successful private-public partnership that provides sound health care coverage for 43 million older adults and people with disabilities, a population that would otherwise not have access to affordable private insurance.

In a recent Economic Policy Institute report, political scientist Jacob S. Hacker outlines a health care reform proposal that would establish “Health Care for America,” a comprehensive, cost-effective health insurance plan that would compete with private employer-based coverage.

Modeled after the Medicare structure, the Health Care for America plan would essentially extend the opportunity to enroll in Medicare to the millions of Americans who do not have good employer-based insurance or any health insurance at all. It would also allow employers to choose Medicare for their employees if they saw it as a better deal.

This proposal would help unite people with Medicare and younger workers through what Hacker calls “a new social compact” that ensures every American has health security.

Bringing more Americans together into one insurance pool would amplify the already demonstrated efficiency, affordability and quality of Medicare coverage. It would cut out the high administrative expenses of the currently chaotic array of private insurance plans, saving the U.S. some $200 billion each year. It would secure lower prices for health care services through increased purchasing clout. And unlike the private health insurance industry, it would guarantee that all Americans actually have reliable coverage when they need it most: for unexpected and costly medical needs. 

Giving all Americans the opportunity to obtain health coverage that works like Medicare would not only significantly improve health security in this country, but also save billions of dollars through reduced waste, lower-cost benefits and better health outcomes.

Our elected leaders can no longer stand by doing nothing while millions of Americans remain without affordable health care coverage. As presidential hopefuls start promoting their ideas for fixing the heath care crisis, the Hacker plan is a good model to use for comparison.

It is long past time to give all Americans the choice of getting coverage through Medicare, and in doing so, guarantee secure, quality health insurance.
(thax medicarerights)

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DEAR MARCI - EXTRA HELP IN GETTING EXTRA HELP
********************************************************
Dear Marci,

My income has decreased significantly since my former employer cut our pension. Between my health care and my drug plan, I am having difficulty affording my monthly Medicare Parts B and D premiums. Can I get help paying for them?

–Joey (Harrison, ID)

Dear Joey,

Yes. There are two low-income assistance programs for which you may qualify. Medicare Savings Programs (MSPs, also known as Medicare Buy-In programs) pay the Part B premium, and some also pay Medicare copayments and deductibles for doctor’s visits. The Extra Help program helps pay the Part D premium and the out-of-pocket costs you are charged for each of your prescriptions.

You should first apply for a Medicare Savings Program because if you are found eligible:

You will automatically receive Extra Help as well.
Eligibility requirements for MSPs vary by state, so you may qualify for an MSP—and thus Extra Help—even if you would not qualify for Extra Help directly.
You will qualify for full Extra Help even if your monthly income would put you at the partial Extra Help level.
You will be able to change your Medicare private drug plan once a month.
You qualify for an MSP if your 2007 monthly income is less than $1,169 ($1,560 for a couple), and you have less than $4,000 in assets ($6,000 for a couple). Because MSPs are state-run programs, these limits may differ where you live—for example, some states don’t count assets. To find out about your state’s program and get an application, call your local Medicaid office or State Health Insurance Assistance Program (SHIP). Get tips on how to apply on Medicare Interactive!

Note: For information on Extra Help eligibility, levels of assistance and how to apply, see Medicare Interactive.

Upon enrolling in Extra Help (whether through an MSP or directly), you qualify for a Special Enrollment Period (SEP) to enroll in a Medicare private drug plan or, in your case, you can change your current Medicare drug plan. (If you lose MSP benefits, you will have two months to enroll in a different Medicare drug plan if you want to.)

Extra Help will only pay for the full cost of your drug plan’s premium if you choose a plan that offers basic coverage* and has a premium at or below the Extra Help premium amount for your state. If your plan’s premium is above your state’s limits or offers enhanced coverage*, you will have to pay any difference in cost. (Note: If you qualify for full Extra Help, you can choose a basic plan that has a premium that is up to $2 above state limits without having to pay the difference.)

*Basic coverage is as good as but not better than the drug benefit outlined in the Medicare law. Enhanced plans cover more than what the law requires, such as paying for drugs in the doughnut hole.

You can find out your state’s Extra Help premium amount on Medicare Interactive, and check with 800-MEDICARE to see what plans in your area offer basic coverage at or below the Extra Help premium amount. Keep in mind that it may be worth paying a higher premium for a plan that covers the drugs you need or that covers them at a lower copayment.

–Marci
(thax medicarerights)

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READING PROGRAM, DIFFERENTIATED INSTRUCTION, LEVEL CHILD READS
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Is Your Reading Program All It Can Be?
Have you ever wondered why some teachers have more success with their reading program than others? Even when the resources are the same, some teachers just have greater success moving...read more

Differentiated Instruction: A Must in the Inclusional Classroom
In education there are always those 'Buzz Words' and although differentiating instruction and assessment isn't new, it's buzzing around most educational jurisdictions and making a great come back. Differentiated Instruction/Assessment is...read more

At What Level is my Child Reading?
This is a common question among parents and even more so among parents who have children with special needs. The important thing to remember about reading and young children is...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 V7-#42  Saturday, February 24, 2007 -- No Vote, No Voice!  
========================================================
In this edition we have two interesting sites for you to read by Leroy F. Moore from San Francisco. The first is Dumping the Disabled which deals with abuse and crimes against persons with disabilities: http://members.aol.com/dac4va/Moore.htm    or: Moore followed by a Call to Artists with deadline entries due by May 2007 at: artists or: http://members.aol.com/dac4va/artists.htm 

A description of the Call To Artists is a performance event to reveal poetic bodies and hot activism, Sins Invalid invites a re/view of embodiment with performers and video artists speaking truths about their bodies and stripping taboos off of sexuality and disability.

In 2006, disabled artists put disability and sexuality on San Francisco's culture map, knocking the doors of silence open to bare wide the beauty of disability and the pain of dehumanization. Our stories reflected our lives in the community, our homes, our bodies and in the body politic.

NEXT - Wheelchair for sale
SOLARO Wheelchair; Now $899, Centreville, VA, Retail price $2795.00, Contact Suzanne Rose -  Picture can be provided per request.  Color green/black.  Contact zannrose@aol.com for more information.

Features:  tilt angle indicator, telescoping front end, one axle plate accommodates all wheel sizes, adjustable-depth, angle adjustable back, up to 350 pound weight capacity.

TAX CREDIT IN VA
Governor Timothy M. Kaine officially recognized February 1, 2007, as Earned Income Tax Credit (EITC) Kickoff Day in the Commonwealth of Virginia. EITC is a refundable federal income tax credit for low-income working individuals and families. For tax year 2006, a family with two dependent children that earned $38, 348 may be eligible for a credit of up to $4,536.  (You can see the Governor’s Release at www.dss.virginia.gov )

VIDA provides matching savings for homeownership, business start-up, or post-secondary education that could help people increase resources and assets.  With a match rate of $2:$1 in earned income, one participant can get up to $6,000 in combined savings ($2000 of their savings plus $4,000 in match).  If two participate in a family/household, the total can be doubled -- up to $12,000. EITC refunds can be used as part or all of the savings. 

Savers may join VIDA at anytime throughout the year, not just at tax time, and they do not need to file for EITC to participate in the program.

The VIDA-EITC flyer presents a simple 2-step process on getting a tax refund and saving some. It gives the VHDA customer center phone for individuals to call in. The TDD number is 804-783-6705.  One side is in English; the other, Spanish.

Promote EITC & VIDA provides brief information on both and a list of contacts and websites.  Links might be established with some of the websites, especially www.vaeitc.org and www.dhcd.virginia.gov .

VIDA Info for all provides more detailed information on the VIDA program.  

Barbara Cotter
Intergovernmental Liaison
Virginia Department of Social Services
804-726-7910  

NEXT
Mental Retardation Is No More
New Name Is "Intellectual and Developmental Disabilities"

A JOB LQQK
Position Announcement - Executive Director
The Board of Directors of Independence Now, Inc. (IN) is seeking an Executive Director. IN is a community-based, private non-profit organization in the Maryland suburbs of Washington, DC. It is designated by the Rehabilitation Services Administration of the U.S. Department of Education as a Center for Independent Living. There are currently 16 employees (f/t & p/t) on the IN staff.
More info here: at http://innow.org/employment-opps.htm

NEXT
UC Berkeley, March 8-9: Law's Violence, Ruptured Community: Justice and Healing for Immigrant Youth
Thursday, March 8-- Friday, March 9, 2007
Boalt Hall, University of California, Berkeley

The conference will focus on Latino and Asian Pacific Islander immigrant youth and the violence in these communities. By analyzing violence as an environmental and societal problem instead of as the actions of pathological individuals, we seek to reframe the problem of youth violence. The conference will provide a forum in which to analyze the role of the law in doing violence in immigrant communities and the potential of the law and other social institutions to promote healing by building on the strengths of youth and others in their communities. Activists, policymakers, and legal and social science scholars will identify promising new directions in research, programs, and policy.

The conference is free and open to the public.  We encourage you to pre-register on the website. http://issc.berkeley.edu/yvp_march07.html For more information visit the website above or contact:

Dr. Deborah Lustig, 510-643-7238
Research Associate, Training Coordinator
Center on Culture, Immigration, and Youth Violence Prevention
www.yvpcenter.org
Institute for the Study of Social Change issc.berkeley.edu
2420 Bowditch St #5670
UC Berkeley
Berkeley, CA 94720-5670
dlustig@berkeley.edu
(510) 643-7238
(510) 642-8674 fax

I am in the office and responding to email and phone calls during the following time periods:
Wednesdays 9-5
Thursdays 9-3
Fridays 11-2
In case of something urgent outside of these times, please call ISSC (510) 642-0813

NEXT
Living with autism in a world made for others
http://www.cnn.com/2007/HEALTH/02/21/autism.amanda/index.html

New Report Highlights Housing Solutions for People with Psychiatric Disabilities
The problems of board and care homes, also known as adult homes, for people with psychiatric disabilities is the focus of a new report, Transforming Housing for People with Psychiatric Disabilities Report, now available from the Substance Abuse and Mental Health Services Administration (SAMHSA). 
   
The new report offers ten detailed recommendations to improve the quality of life of board and care home residents. In addition, the history, demographics and common concerns of these homes are detailed in-depth. A list of measures being implemented to improve the lives of residents and recommendations calling for a recovery-oriented approach based on the principles of self-direction and community integration are provided as well. The report also calls to end reliance on board and care homes and to improve conditions in existing homes.

Transforming Housing for People with Psychiatric Disabilities Report is available on the Web at http://mentalhealth.samhsa.gov/publications/allpubs/sma06-4173/ .Copies may be obtained free of by calling 1-877-SAMHSA-7 (1-877-726-4727). Request inventory number 4173. For related publications and information, visit http://www.samhsa.gov/.

NIDRR Grant Announcements
The National Institute on Disability and Rehabilitation Research (NIDRR), Office of Special Education and Rehabilitative Services, in the U.S. Department of Education recently issued a series of grant announcements addressing the needs of people with disabilities. 

See items posted on February 12 and 14th on the following website for more information: http://www.ed.gov/news/fedregister/announce/index.html

Request for Proposals-Take Action: Healthy People, Places and Practices in
Communities Project
The HHS Office of Public Health and Science, Office of Disease Prevention and Health Promotion and the Regional Health Administrators are requesting proposals from community-based organizations and others to evaluate the impact of a unique set of healthy lifestyles activities in local settings. As part of the Take Action: Healthy People, Places and Practices in Communities Project, the proposed activities should address one or more of the four parts of the initiative: 1) be physically active, 2) eat a nutritious diet, 3) get preventive screenings, and 4) make healthy choices/avoid risky behaviors. Not-for-profit, community-based organizations including faith-based groups, after school programs, coalitions and others are encouraged to submit proposals.

The deadline for receipt of proposals is March 30, 2007.
http://www.osophs.dhhs.gov/ophs/healthypeople

LARGEST-EVER SEARCH FOR AUTISM GENES REVEALS NEW CLUES
http://www.nih.gov/news/pr/feb2007/nimh-18.htm

Commonwealth Autism Service Conference March 7-9
AUTISM: SOLVING THE MAZE
Commonwealth Autism Services will be presenting their 6th Annual Autism Conference March 7, 8 and 9, 2007 at the Crown Plaza Richmond West, Richmond, Virginia. 

Nationally and internationally recognized keynote speakers will share their considerable expertise and perspectives during the keynote and workshop presentations.  Anyone who is interested in receiving additional information on this conference can call: 804-355-0300 or fax 804-355-0932 or email: information@autismva.org.

Registration forms can be found at the following website:
www.autismva.org

Deaf to sign via video handsets
http://news.bbc.co.uk/2/low/technology/6366177.stm

Brain Can Beat Early Blindness
http://news.bbc.co.uk/2/low/health/6368517.stm

Autism Gene breakthrough hailed
http://news.bbc.co.uk/2/low/health/6369347.stm

Mayor takes wheelchair ride on snowy sidewalks
Mayor Duffy of Rochester, NY gets a look at what it is like to roll through the snow in a wheelchair...
http://www.democratandchronicle.com/apps/pbcs.dll/article?AID=/20070208/NEWS01/702080370/1002/NEWS

It's Been Worth the Struggle <an inspiring story:)
http://www.telegraph.co.uk/health/main.jhtml;jsessionid=Q40XKLCUJU55BQFIQMFCFFWAVCBQYIV0?xml=/health/2007/02/12/hdeaf12.xml

Miracle sight treatment could be available in two years
http://www.dailymail.co.uk/pages/live/articles/technology/technology.html?in_article_id=436609&in_page_id=1965


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

Keith-

========================================================
1. THE BIG ONE - TRY TO STOP THE DRUG LOBBYISTS
2. DISABILITY AMONG SENIORS CONTINUES TO DECLINE
3. GA CONSIDERS EUGENICS APOLOGY, MH PARITY, AUSTRALIAN BABIES DIE
4. STATES NOT MEETING ACCESS REQ's FOR VOTERS W/DISABILITIES
5. 2nd ANNUAL WIDE OPEN DOORS CONFERENCE
========================================================
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THE BIG ONE - TRY TO STOP THE DRUG LOBBYISTS
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The Big One

February 22, 2007 • Volume 7, Issue 8

One of the biggest lies told by politicians who oppose letting Medicare negotiate lower drug prices is that doing so will make the Part D drug benefit look like the drug coverage offered by the Department of Veterans Affairs (VA) and, as a result, people with Medicare will lose access to medicines they need to stay alive and healthy.

After decrying the inadequacy of VA drug coverage, however, not one of these lawmakers takes the next logical step and proposes changes to improve the drug coverage our veterans receive.

Why is that?

Because the VA provides excellent drug coverage for our veterans. The charges against the VA are simply false and designed to scare older adults and people with disabilities, already battered by high drug prices and coverage gaps under Part D, into thinking price negotiations will make things worse.

Take for example the speech made on the Senate floor last month by Senator Charles Grassley, Republican of Iowa. Senator Grassley charged that the VA covered just one third of the drugs covered by Part D.

It’s just not true. In fact, the VA puts roughly the same number of unique chemical compounds on its formulary (list of covered drugs) as are potentially available under Part D and actually has more drugs (including different dosages and forms of the same chemical) as are potentially covered by Part D (4,778 versus 4,300). And not all Part D plans actually cover all these 4,300 drugs. Many of the drugs are either excluded from the formularies used by the private companies offering Part D or are subject to restrictions that effectively deny coverage—facts conveniently omitted by Senator Grassley.

Bush administration officials also claim that one million veterans have signed up for Part D, demonstrating the superiority of Part D over VA drug coverage. In fact, of the 2.5 million users of the VA drug benefit who are eligible for Part D, 400,000 were automatically enrolled in Part D by their employer or because they also receive Medicaid. Just 250,000—10 percent—have voluntarily signed up for a Part D plan, and there is no evidence that they have stopped getting their medicines from the VA.

The VA does use a formulary to steer patients toward, and away from, certain drugs, as do the Part D plans. When painkillers like Vioxx first came on the market, the VA evaluated their effectiveness, their risks and their costs and restricted prescriptions to those who truly needed the drugs. As a result, it protected veterans against a drug that was ultimately found to raise the risk of heart attack and was pulled off the market.

Another talking point for the opponents of price negotiations has been the exclusion from the VA formulary of the anti-cholesterol drug Lipitor, the most widely prescribed drug in the world. Instead of covering Lipitor, the VA covers other equally effective and less expensive anti-cholesterol drugs. The VA’s price for anti-cholesterol drugs declined from 93 cents per pill in 1999 to 60 cents in 2006. Lipitor costs about $2.45 for a 10 mg pill under Part D, over four times what the VA pays. Yet veterans who do need Lipitor can get it; last year the VA spent $34 million filling prescriptions for the drug.

Most important, the VA has been shown to do a better job of keeping the cholesterol of its patients at healthy levels than Medicare HMOs and other private plans even as it has held down spending by using a formulary to steer patients toward the most cost-effective drug.

That is the real reason drug manufacturers fear the new Congress will create a Medicare-run plan under Part D, with a formulary developed on the basis of clinical evidence and lower drug prices negotiated for all 43 million people with Medicare. U.S. sales of Lipitor brought in $7.8 billion for its manufacturer, Pfizer, last year. Under a Medicare-run drug plan, Pfizer would have to bring its price for Lipitor down to a level comparable to cheaper, equally effective anti-cholesterol drugs if it wants its drug put on the Medicare formulary.

That is why drug manufacturers are spending millions lobbying Congress not to allow Medicare to negotiate prices and provide drug coverage directly, instead of through private Part D plans. And that is why these scare tactics are being used. Drug manufacturers have a lot of lobbying battles on Capitol Hill, but stopping a Medicare-run drug benefit is the big one.
(thax medicarerights)

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DISABILITY AMONG SENIORS CONTINUES TO DECLINE
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Elder Law FAX

The February 26 2007, issue of Elder Law FAX, a free newsletter published every other Monday by the Elder Law Practice of Timothy L. Takacs.

Disability Among Older Americans Continues Significant Decline

The latest issue of Elder Law FAX (February 12, 2007) introduced the "compression of morbidity" hypothesis." First formulated in 1980, this hypothesis asserts that the onset of chronic, irreversible illness will be delayed so that the period of infirmity will be compressed into a shorter period of time before death.

By contrast, the expansion of morbidity hypothesis, which was put forth in the mid-1970s, asserts that longer life will be associated with a prolonged period of morbidity and disability--in short, we are destined merely to get older and sicker longer.

After 25 years of gathering and analyzing data, researchers now believe that the compression of morbidity hypothesis is correct. Human beings, particularly those in the developed world, are not getting older and sicker. We can expect to live longer lives, with less disability and incapacity.

Our February 12 issue suggested that one of the ramifications of a healthier older America is that spending on health care as a percentage of the nation's Gross Domestic Product (GDP) is likely to level off, rather than to continue its climb into the stratosphere.

Interestingly, last week the policy journal Health Affairs released on its Web site (www.healthaffairs.org) two studies on health spending.

The first study, written by analysts at the U. S. Centers for Medicare & Medicaid Services, projected growth in national health spending is projected to slow slightly from 6.9 percent in 2005 to 6.8 percent in 2006, marking the fourth consecutive year of a slowing trend. The health share of GDP is expected to hold steady in 2006 before resuming its historical upward trend, reaching 19.6 percent of GDP by 2016.

The second study projected that notwithstanding the anticipated decline in employer-sponsored insurance and the long-term care needs of the baby boomers, Medicaid spending as a share of national health spending will average 16.6 percent from 2006 to 2025--roughly unchanged from 16.5 percent in 2005--and then increase slowly to 19.0 percent by 2045. Growth in government revenues is projected to be large enough to sustain both Medicaid spending increases and substantial real growth in spending for other services.

What is the evidence for this not-so-bad news?

Chronic disability among older Americans has dropped dramatically, and the rate of decline has accelerated during the past two decades, according to an analysis of data from the National Long-Term Care Survey (NLTCS). The study, published last December in the  Proceedings of the National Academy of Sciences, found that the prevalence of chronic disability among people 65 and older fell from 26.5 percent in 1982 to 19 percent in 2004/2005.

An Acceleration in the Rate of Decline in Disability

In addition to a drop in the percentage of older Americans reporting disability, the analysis found that the average annual rate of the decline has accelerated. The decline in disability averaged 1.52 percent annually over the 22-year time span, but the rate of change shifted gradually from 0.6 percent in 1984 to 2.2 percent in 2004/2005.

"This continuing decline in disability among older people is one of the most encouraging and important trends in the aging of the American population," NIA Director Richard J. Hodes, M.D., is quoted in a press release from the National Institute on Aging, which funded the study.

The NIA release also stated that from 1982 to 2004/2005:

Chronic disability rates decreased among those over 65 with both severe and less severe impairments, with the greatest improvements seen among the most severely impaired. The researchers note that environmental modifications, assistive technologies and biomedical advances may be factors in these declines.

The proportion of people without disabilities increased the most in the oldest age group, rising by 32.6 percent among those 85 years and older.

The percentage of Medicare enrollees age 65 and older who lived in long-term care institutions such as nursing homes dropped dramatically from 7.5 percent to 4.0 percent. The emergence of assisted-living options, changes in Medicare reimbursement policies and improved rehabilitation services may have fueled this decrease in institutionalization.

If they continue as anticipated, the downward trends in chronic disability rates among older adults could help bolster the Medicare program's fiscal health, the researchers suggest.

********************************************************
GA CONSIDERS EUGENICS APOLOGY, MH PARITY, AUSTRALIAN BABYS DIE
********************************************************
Disability Potpourri

* ACTION ALERT for GA residents 
GA legislature considers apologizing for role in 3,300 sterilizations

* Mental health parity

* 1 in 3 Australian doctors would hasten the death of disabled infants

* VA Governor Kaine announces grant for hiring of people with disabilities

1) Action Alert for Georgia Residents

Georgia lawmakers are considering a resolution that would issue apology for Georgia's role in the American eugenics movement, which resulted in over 60,000 forcible sterilizations of people with disabilities nationwide, 3,300 of which occurred in Georgia from 1937 to 1970. Although it seems the simple, right thing to do, not all legislatures see it that way.

Rep. Sharon Cooper, R-Marietta, chairwoman of the House Health and Human Services Committee agreed that eugenics was horrible but then stated, "I'm not sure I agree with one generation apologizing for another generation when all the parties that were involved are long dead." (Since the sterilization laws were in effect until 1970, it is inconceivable that all its survivors are dead. Furthermore, even if there were no survivors, issuing an apology for its historic involvement in such egregious human rights violations helps establish the state's commitment to never repeating this history again.

ACTION: If you're a Georgia resident, call your state elected officials and urge them to vote for HR 122 so that Georgia can join other states that have apologized for their roles in the forcible sterilization of tens of thousands of people with disabilities in America.

To determine who your elected officials are in Georgia, visit: http://www.sos.state.ga.us/cgi-bin/Locator.asp

View the resolution, HR 122, at: http://www.legis.ga.gov/legis/2007_08/pdf/hr122.pdf

2) Mental Health Parity

The Senate Health, Education, Labor and Pensions (HELP) Committee is likely to pass legislation requiring that health insurance companies provide the same level of coverage for mental illnesses as they do for physical illnesses, Chair Edward Kennedy (D-Mass.) said this week. Although the legislation would not require insurers to provide mental health care coverage, it would prohibit insurers who do cover mental illness from imposing limits on mental health care that are not imposed on physical ailments. While both the House and Senate have supported mental health parity for a decade, legislation has never been able to get out of committee. Employers and health insurers have lobbied against the legislation for years, arguing that it would increase costs. Sen. Kennedy and Sen. Pete Domenici (R-N.M.), the bill's original author, feel that the legislation will pass this year because of the Democratic majority in the House. Mental health parity laws are already in effect in 40 states, and the President indicated in
2002 that he would sign such legislation.

3) 1 In 3 Australian Doctors Would Hasten The Death Of Disabled Infants

A paper published this week in the Archives of Disease in Childhood revealed the results of a survey in Australia which shows that one in three Australian neonatologists says they would use painkillers or sedatives to hasten the death of babies born with severe disabilities.

The survey, which was conducted anonymously, set to examine how doctors' attitudes toward their own mortality can affect ethical principles. The survey showed that those who fear a slow and painful death for themselves were more likely to hasten the death of sick infants in their charge.

So how do people with disabilities do on a whole in Australia?

Interestingly, a separate report commissioned by a bipartisan parliamentary committee recently showed that only 48 out of 1000 significantly disabled people under age 65 receive any government- funded accommodation support and that in some parts of Australia, as many as 4500 people are on waiting lists for shared accommodation, in-home and community supports.

4) Virginia Grant for Hiring People with Disabilities

On Monday, Governor Timothy M. Kaine announced a two-year, $244,000 grant to Virginia Commonwealth University's Rehabilitation Research and Training Center (VCU-RRTC) to promote public-private partnerships that will result in the employment of at least 20 individuals with disabilities by state government. The initiative, approved by the Virginia Board for People with Disabilities (VBPD), also includes training for rehabilitation professionals to develop more effective partnerships with private- sector staffing organizations that will increase employment opportunities for people with disabilities.

For more information about the Virginia Board for People with Disabilities, its grant-funding, and other activities, please visit the Board's website at www.vaboard.org, or contact the Board at info@vbpd.virginia.gov, 1-800-846-4464 (Toll-free, Voice/TDD),
804-786-1118 (Fax), or write to 202 N. 9th Street, 9th Floor, Richmond, VA 23219.

Source: AAPD
(thax jfa)

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STATES NOT MEETING ACCESS REQ's FOR VOTERS W/DISABILITIES
********************************************************
New Report: States Not Meeting Access Requirements For Voters With Disabilities
 
WASHINGTON - February 14 -

Direct Recording Electronic (DRE) voting machines, once considered essential to ensuring private and independent voting booth access for voters with disabilities, often do not work as promised, according to a new report published today. Authored by access technology expert Noel Runyan and published by election reform groups Demos and Voter Action, "Improving Access to Voting: A Report on the Technology for Accessible Voting Systems shows that, due to inadequate or malfunctioning voting machines, voters with disabilities are frequently forced to ask for assistance or compromise the privacy of their vote" severe violations of federal disability accommodation requirements.

The report details significant difficulties for voters with disabilities, including: the lack of a controllable interface for those who are unable to use touch screens or tactile key inputs; inadequate audio access features for people with visual or cognitive impairments, with dyslexia, or with severe motor-impairments; and lack of privacy curtains to prevent others from reading the voters' selections on their visual displays.

"I originally had high hopes for the new voting machines" said Noel Runyan, the author of the report.  Runyan, who is blind, is a professional electrical engineer who has spent much of his career developing access technologies for people with visual impairments.  "Even with my technical background and the help of poll workers, I could not get the Sequoia Edge II DRE to work.  I have since tested most of the available voting systems at conferences and at the National Federation of the Blind's accessible voting systems lab, and my fears have been confirmed: Most of the DREs deployed were not designed with real disability access in mind." 

States have been required to provide at least one accessible voting system per polling place since the passage of the Help America Vote Act in 2002, legislation designed to guarantee a fair and secure vote for all voters. To comply with this requirement, many states, armed with new federal dollars, rushed to purchase DREs specifically because they were billed as accurate, quick, and accessible to voters with various disabilities. These efforts failed, and the report details the variety of ways current voting systems fall short of federal standards.

"Improving Access to Voting" also makes a series of additional recommendations to address these concerns, such as using simultaneous audio-video output, enhanced video display controls, dual-switch input controls and voting aids like electronic video magnifiers and tactile ballot marking systems.

"There will never be one perfect voting machine that meets all accessibility needs," Runyan said.  "So election administrators should adopt blended systems, such as a combination of optical scan ballots, electronic ballot marking devices with appropriate accessibility features, and multi-lingual paper ballots."

"This report shifts the debate about voting systems.  The question is no longer 'Do we have to trade off accessibility to get secure voting systems?'" said Susannah Goodman, Director of the Federal Elections Program at Common Cause.  "The question is 'Does Congress have the political will to replace the currently deployed voting systems with systems that are both secure and accessible?'"

"Since the passage of the Help America Vote Act in 2002, a small handful of voting machine companies have made an enormous profit selling DREs as the most accessible technology on the market," said John Bonifaz, Senior Legal Fellow at Demos and a consulting attorney to Voter Action.  "This report directly challenges that assumption. Congress should recommit itself to truly providing accessibility for all voters with disabilities, a promise that has not been fulfilled by the DRE technology." 

For more information or to download a copy of the "Improving Access to Voting" report, visit www.demos.org or www.voteraction.org.
(thax s.w.)

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2nd ANNUAL WIDE OPEN DOORS CONFERENCE
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2nd Annual Wide Open Doors Conference

May 5-6, 2007

Workshops on a variety of topics including: ADHD, Virginia's Alternate Assessment Program, Assistive Technology, Grassroots lobbying, Anxiety and Depression, Disaster Preparation, Transition, Person-Centered Planning, Behavior Management, ADA, Music Therapy, Waivers, Sign Language, Sibling Issues, Disability Etiquette and MORE!

The conference brochure is now available on line at:  http://www.woolridgeroad.org/Default.aspx?tabid=130.

For more information, please contact:

Tammy Burns
Pastor to Children and Through the Roof Ministries
Woolridge Road Church
tcburns@comcast.net

===============================
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 V7-#41  Tuesday, February 20, 2007 -- No Vote, No Voice!  
========================================================
Did you ever want to have your own business while trying to help others too? Well, here is an idea you might consider and for less than $200 you can be a Distributor of a health drink which has claims of helping arthritics to sleeping disorders and more.  I've tried this new drink called Mona Vie and among other things it did help me sleep better. Everyone has a different experience from a feeling of well being to just plain feeling well. Many island people use this type of drink and swear by the results. Try it and see for yourself.

Go to: Mona·Vie™  or: http://www.mymonavie.com/AHealthDrink/ and read about it. If you'd like to buy some I'll sell it for cost or you can sign up under my ID 247864 and join the ranks of being self-employed (have others sign up under you TOO) plus buying the drink wholesale. If you try it I'd like to know your experience after drinking this fruit drink for a couple of weeks. Just drink 2oz in the morning everyday (or twice a day for max benefits) and if you're allergic to shellfish buy the Mona Vie original not the Mona Vie active for everyone else. Enjoy:)

NEXT
In response to better clarify questions asked about the Virginia Association of Personal Care Assistants (VAPCA) enclosed is a response by David Broder along with the website of this new organization. Thank you David for your letter.

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

Keith,
Thank you for the opportunity to let your readers know the truth about VAPCA's recent activities.  We look forward to setting the record straight so we can focus on the important task of getting our elected officials to invest in home care and to expand and ensure choices for people who use personal care services.

I want to address the false claim that VAPCA representatives wore PPL name tags.  To be clear: VAPCA representatives have never represented that VAPCA is in any way connected with, or endorsed by, PPL. No VAPCA representative has ever used a PPL name tag or claimed to be an employee of PPL. As a grass-roots advocacy organization of personal care assistants, VAPCA has no interest in representing any association with or endorsement of PPL.

If anyone would like to discuss the matter further, please feel free to e-mail me at: dbroder@virginiapca.org.  For more information about VAPCA and our mission, you are invited to visit our website, www.virginiapca.org

PCAs who are members of VAPCA look forward to continuing to work with consumers and advocates to hold politicians in Richmond accountable for improved access to and funding for home and community-based services.

Thank you,

David Broder
VAPCA

NOTE:
DAC neither endorses nor discourages persons who may want to join any type of organization / associations that may or may not enhance our Personal Caregivers voices in Virginia or nationwide. We do advise, however, that you ask and are informed about whatever choices you make in joining any organization. It should be noted, however, that VAPCA is interested in implementing many ideas that arose from our Olmstead meetings such as a registry, etc., so taking a look hurts nothing.
kk-

NEXT
Bridges4Kids NewsDigest: February 19, 2007
http://www.bridges4kids.org/newsdigest/index.html
(sign up for this great newsletter so you don't miss any of their news)

February Info Summary 7 by Maggie Roffee (another great resource)
Special Alerts and Information or: http://members.aol.com/dac4va/information.htm

Jackie Marquette’s Newsletter
Specializing in Youth with ASD and DD:  Creating Supports, Sculpting Lives
Free Online Newsletter by Jackie Marquette
author, researcher, consultant, and speaker
February 2007
502 742-8756
Jackie@independencebound.com
www.independencebound.com

DELTA SEEKS COMMENTS: The Customer Service department at Delta Airlines would like to hear from travelers with disabilities on what Delta needs to do to improve their service to customers with disabilities during 2007. Please send your response to David Martin at David.S.Martin@delta.com

New Work and Benefits Calculator
Disability Benefits 101 (DB101) helps workers, job seekers, students and service providers understand the connections between work and benefits. In addition to the Benefits-to-Work Calculator and the Job-to-Job Calculator, a new calculator called School and Work is now available for youth with disabilities.
http://www.disabilitybenefits101.org/planning/(l0vi2o45faqoue45pjr1djac)/index.aspx 
Coming soon: Medi-Cal for the Working Disabled from 18-65

HHS Office of Disability Launches New Website
The Office on Disability (OD) is pleased to announce the launch of a completely redesigned website at www.hhs.gov/od  The new website provides comprehensive yet easy-to-access information supporting the seven domains; housing, education, information technology, transportation, health, employment, and community integration; identified by the President's New Freedom Initiative - plus, information on advocacy, entitlements, and emergency preparedness.

NEXT, FROM NVRC:)
Online ADA Basics Course
Visit http://www.adabasics.org to register for the ADA Basics Course developed for you by your regional Disability and Business Technical Assistance Centers. The course is designed to provide you with the basic principles and core concepts of the Americans with Disabilities Act of 1990 (ADA).

The 12-topic course may be accessed at any time using a computer or mobile device with an Internet connection. Each topic contains relative information and real-life examples to help increase your understanding of the ADA.

CEU and CRC credits are available.

Questions on the Americans with Disabilities Act?
Contact the regional DBTAC serving your state via the national toll-free ADAhotline at 1-800-949-4232 (v/tty) or visit DBTAC - ADA & IT Technical Assistance Centers http://www.dbtac.vcu.edu/centers.aspx

AND
Hot Line for Deaf Teens in Abusive Relationships
The new National Teen Dating Abuse Helpline is the first nationwide hot line specifically designed to help teens in abusive relationships. It recently began operating in Austin, Texas. The program has a TTY line.

The 24-hour teen helpline is an offshoot of the National Domestic Violence Hotline, a decade-old Austin-based program that answers about 17,000 calls each month. About 10 percent of those calls come from teens and young adults, hot line officials said.

HELPLINE DETAILS

To contact the National Teen Dating Abuse Helpline, call
1-866-331-9474
1-866-331-8453 TTY for the deaf
Or log on to http://loveisrespect.org

Office on Violence Against Women (OVW)
US Department of Justice
Washington, DC
(202) 514-2007 - TDD (202) 514-1888

SOURCE: The Associated Press (Published 2.09.2007) Credited to AP writer for contributing to this article from Austin, TX

NEXT <-----this is a pitiful way to treat those that give for our freedom...kk-
Soldiers Face Neglect, Frustration At Army's Top Medical Facility
http://www.washingtonpost.com/wp-dyn/content/article/2007/02/17/AR2007021701172.html?referrer=email

BIBLES FOR THE BLIND AND VISUALLY HANDICAPPED
http://www.biblesfortheblind.org/getbible.shtml
Bibles for the Blind and visually handicaped international

AARDA
If anyone is interested in helping to get the National Institutes of Health's Autoimmune Research Plan funded for this year, here is a link: http://www.aarda.org/advocacy_issues.php
We need to increase education, awareness, and research into all aspects of autoimmune diseases through a collaborative approach.

FINALLY
[WRIGHTSLAW] Special Ed Advocate: Do Teachers Have to Provide Accommodations? (February 20, 2007)
Download the printer-friendly version of this issue:
http://www.wrightslaw.com/nltr/07/nl.0220.htm

LAST MINUTE NEWS
Dear Readers: 
PrimeTime will be doing a special tonight on the Judge Rotenberg Center - the facility in Massachusettes that is known for its use of shocking devices on disabled children. See below for details.

Isabelle Zehnder
Founder and President
www.caica.org
info@caica.org

Watch Prime Time (CBS) - Feb. 20 at 9:00 p.m. EST

Senator Brian A. Joyce has written to urge people to watch PrimeTime tonight, February 20, at 9:00 p.m. EST.


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

Keith-

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1. EIGHT STATES PARTICIPATE IN INITIATIVE RETURN ON INVESTMENT
2. SIMPLE FAIRNESS
3. CHECK INMATES FOR MENTAL ILLNESS TO GET INTO HOSPITALS
4. NO, EXTRA HELP, BUT SPECIAL ENROLLMENT PERIOD
5. EMERGENCY PLANNING & CALL HANDLING WORKSHOPS, IN UK
6. DOL GIVES $2.5M IN GRANTS FOR HEALTHCARE WORKER PROGRAMS
========================================================
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EIGHT STATES PARTICIPATE IN INITIATIVE RETURN ON INVESTMENT
********************************************************  
Eight States Chosen to Participate in Initiative to Forecast Return on Investment

“ROI”—or return on investment—is one of the latest buzzwords across the health care system, with policymakers, payors, and consumers demanding greater value for dollars spent on health care.  In Medicaid, state officials, legislators, and other stakeholders are increasingly being challenged to identify programs with potential to both improve quality of care and control health care costs.

To help states, the Center for Health Care Strategies (CHCS) is launching the Return on Investment Purchasing Institute, a new initiative designed to build state capacity to forecast the financial returns that may be generated by investments in quality improvement.

Through this 12-month initiative, eight states — Arizona, Colorado, Connecticut, Idaho, Louisiana, Oklahoma, Pennsylvania and Washington — will receive focused training paired with intensive technical assistance around concepts and methodology for calculating ROI.  Participants will evaluate the ROI potential for specific quality initiatives and analyze the implications of ROI analyses for program planning and resource allocation. Participating state teams will have access to the CHCS ROI Forecasting Calculator, a tool designed to help states assess and demonstrate the ROI from proposed quality improvement initiatives.

Participating state teams will attend two Purchasing Institute meetings, receive personalized technical assistance, collaborate with other state participants, attend an ROI Summit with the broader Medicaid policy community, and share information through an online learning network.

Supported by The Commonwealth Fund with additional funding from the Robert Wood Johnson Foundation
(thax CHCS)

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SIMPLE FAIRNESS
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Simple Fairness

February 15, 2007 • Volume 7, Issue 7

This week, an overwhelming majority of the Senate Committee on Health, Education, Labor and Pensions voted for legislation requiring all private insurance companies to cover mental illness treatment at the same rate as they do for treatment of physical conditions. The vote signals likely passage in the Senate, and similar legislation has strong support in the House of Representatives.

These bills are a good step toward lifting the unfair restrictions on mental health coverage in the private insurance plans that cover 113 million Americans. According to cosponsor Senator Pete Domenici, Republican of New Mexico, “What we are doing here is simple fairness.” As lawmakers move toward mental health equity, however, they should not forget that similar action is sorely needed to provide equal access to mental health treatment for people with Medicare.

Under current Medicare rules, Medicare pays 80 percent of the cost of a doctor treating a physical ailment and patients pay 20 percent. But mental health patients must pay half the cost for therapy treatments out of pocket because Medicare only covers 50 percent.

This payment limitation prevents older adults and people with disabilities who cannot afford the cost of therapy from receiving proper treatment. Letting mental illness go undiagnosed and untreated severely hinders the quality of life for people living with afflictions like schizophrenia and depression, reduces their ability to function and leads to higher mortality rates—because they cannot pay.

Nonmedication treatment for mental health conditions have been shown to provide significant relief. For many older adults, a particularly vulnerable population, therapeutic interventions not only help treat mental health problems effectively, but also help strengthen their ability to cope with the stresses of living with mental illnesses, improve compliance with drug regimens and offer social support.

However, the inequity built into Medicare’s payment rules for mental health treatment makes treatment out of reach for people with limited financial resources and reinforces the outdated notion that mental illnesses are less important to treat than physical diseases.

The sponsors of the mental health parity bills are optimistic that Congress will finally pass the long-awaited measures. But our representatives in the House and Senate who support the proposed legislation must remember that these bills still fail to provide people with Medicare the equality of care that they need. Until older adults and people with disabilities living with mental health conditions are also given coverage parity, Medicare’s rules are still, simply, unfair.
(thax medicarerights)

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CHECK INMATES FOR MENTAL ILLNESS TO GET INTO HOSPITALS
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ORLANDO SENTINEL
http://www.orlandosentinel.com/orl-mmental1307feb13,0,1434518.story

Orange begins checking inmates for mental illness
A test project aims to get those who need help out of jail and into hospitals.

Sarah Lundy
Sentinel Staff Writer

February 13, 2007

A model program designed to triage mentally ill inmates at the Orange County Jail aims to cut the backlog of defendants waiting for bed space in Florida's mental-health hospitals.

"When you get to someone early on, the chances of getting them determined to be competent can happen much quicker," said Bob Butterworth, head of the Department of Children & Families, about the program, which is the first of its kind in the state. "The longer they stay in jail without any type of treatment and counseling, they get worse."

The goal: To identify nonviolent, mentally ill inmates and treat them quickly with counseling and medication before they are deemed incompetent by a judge.

The plan: Social workers and psychologists with the Orange-Osceola Public Defender's Office will evaluate inmates shortly after they're booked into jail on nonviolent charges, such as burglary or drug possession.

Those flagged as possibly incompetent will be treated with counseling and medication, if necessary. Then, they will be questioned about the legal system, what it means to agree to a plea bargain, to be found guilty or not guilty, and the roles of lawyers.

A report will be issued on each inmate, and an outside psychologist hired by Public Defender Bob Wesley's office will review the reports.

Wesley is creating a team of 10, including four new staff members.

"By doing it in the public defender's office, we have the attorney-client privilege with the clients," Wesley said. "We are hopeful that we will avoid a lot of the delay."

DCF is covering the $200,000 price tag. It will come out of the $16.6 million the state allocated at the end of last year to ease the shortage of beds.

"We are proud to do something right and kind and humane for our mentally ill clients, and we are ready to go to work," Wesley said at a news conference at the Orange County Administration Building on Monday.

The law requires mentally ill defendants -- who have been evaluated by a court-appointed psychologist and deemed incompetent by a judge -- to be moved within 15 days from the county jails to one of the state's three forensic hospitals. That's where doctors treat the inmates and try to restore competency so they can return to court and face their charges.

At one point, about 300 inmates statewide were waiting in jail beyond the 15-day limit. As of Monday, 220 inmates had been in county jails longer than 15 days. The average wait for a bed is 56 days, according to DCF.

State officials say they don't have enough beds to fill the need.

An Orlando Sentinel analysis in December found that former Gov. Jeb Bush had cut DCF's requests for programs and services for mentally ill inmates for five years running.

At the end of 2006, the state gave DCF $16.6 million to add more beds by June 30. Gov. Charlie Crist has requested an additional $50 million for next fiscal year.

DCF will evaluate the Orange County program in June to determine its effectiveness. If successful, it could be replicated throughout the state.

Butterworth described the Orange County program as "the most progressive" in the state.

Sarah Lundy can be reached at slundy@orlandosentinel.com or407-420-6218.
(thax d.h.)

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NO, EXTRA HELP, BUT SPECIAL ENROLLMENT PERIOD
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Special Note: If you become eligible for Extra Help any time this year, you will get a Special Enrollment Period to enroll in a Medicare private drug plan (Part D). As long as you enroll in 2007, you will not have to pay a premium penalty even if you did not enroll when you were first eligible for the Medicare drug benefit.

Marci's Mailbox
* * * * * * * * * * * *
Dear Marci,

My mother’s income increased last year and she no longer qualifies for Extra Help, which means she has to pay her drug plan’s premiums and other out-of-pocket expenses. I found a less expensive plan that will cover her drugs, but I know annual enrollment ended in December. Is it too late to change her plan?

–Carmela (Glendale, AZ)

Dear Carmela,

No. Because your mother no longer qualifies for Extra Help, she will qualify for a one-time Special Enrollment Period (SEP) to switch plans. This SEP will last until March 31, 2007.

Once she does sign up for a new plan, her coverage will begin the first of the month following the month she submits a completed enrollment application. For example, if she applies this month, her coverage will start March 1. If she doesn’t apply until March, it will begin April 1. To learn about other situations in which people can qualify for an SEP, check out Medicare Interactive’s Special Enrollment Periods chart.

The SEP rules are the same whether you are in a stand-alone Medicare private drug plan (PDP) or a Medicare private health plan with drug coverage (MA-PD), which means you can use your SEP to change your health plan as part of changing your drug plan (such as switching from a MA-PD to Original Medicare with a PDP).

Remember that if you want to switch plans, you should enroll in your new plan without disenrolling from your old plan. You will be automatically disenrolled from your previous Medicare private drug plan when your new coverage starts.

–Marci

If you are still working, you will be delighted to learn that new research published in the Archives of Internal Medicine proves the power of the siesta: naps can significantly reduce the risk of fatal heart disease.

According to a six-year study that followed nearly as many adults as there are Dear Marci subscribers (almost 24,000!), participants allowed to nap for 30 minutes at least three times a week were found to have a 37 percent lower risk of dying from either a heart attack or some other heart problem than their less well-rested counterparts.

Tell your friends, colleagues and clients to sign up to receive Dear Marci and other Medicare policy and news updates from the Medicare Rights Center by visiting www.medicarerights.org/subscribeframeset.html  today!

The Medicare Rights Center (MRC) is the largest independent source of Medicare information and assistance in the United States. Founded in 1989, MRC helps older adults and people with disabilities get good, affordable health care.

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EMERGENCY PLANNING & CALL HANDLING WORKSHOPS IN UK
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EMERGENCY PLANNING & CALL HANDLING WORKSHOPS/£99 p.p.

Hello

We have a limited number of places available at the 2006 rate of £99 p.p., on our Emergency Planning & Call Handling Skills workshop which we are offering in London [March 16th & May 23rd], Birmingham [March 20th] and Manchester [May 2nd].

If your organisation needs people trained to effectively respond when the media, the public and members of the essential services contact you in cases of emergency, then this workshop is ideal, especially if you or any of your colleagues ever have to deal with those people down-the-line or out-and-about in a crisis. This is a cost effective and practical way to learn or brush up on the skills required.

All our external workshops run from 9.30am to 5pm and are inclusive of the venue, lunch, refreshments and workshop materials, as well as a certificate of completion. 

WORKSHOP PROGRAMME

...by the end of the workshop we will have covered these key objectives during calls, interviews and feedback sessions with all participants:

1. Approach to an Emergency or Crisis
A short discussion on the role of communications in an emergency or crisis from the general theory to the specific role you are expected to play in a real life situation. Participants are split into groups to examine a recent disaster from a number of different perspectives including the public and the council. Each group then presents its findings. By the end of this session participants should be able to appreciate: -

The importance of reacting quickly
The consequences of saying too much or too little
The value of a corporate face when dealing with callers.

2. Emergency Call Handling
An emergency has been declared and you have been drafted in to the council's communications team as a telephone media handler. You have only very limited information when a journalist calls and bombards you with a barrage of questions. Everyone has the opportunity to handle a call, which is recorded for playback later. A chance to make and then listen to your call, together with other participants and to analyse your performance with appraisal from the workshop leader and your colleagues. By the end of this session you should:

Recognise that knowledge is power
Be able to deliver a clear and concise message from the available facts
Know what to say when you don't have the answer to a question
Know what to say when you do have the answer but can't give it.

3. Emergency Call Handling With Real Time Updates
Building on the skills acquired during the earlier session, you are given a more complex emergency to handle with frequent real time updates. Again your calls will be recorded for subsequent analysis. By the end of this session and the subsequent feedback you should:

Be able to keep pace with a rapidly changing situation
Know how to hold the line
Recognise the potential for scoring "own goals?
Demonstrate the value of setting ground rules and understanding the aims of both the authority and the media

4. Dealing With The Media
A led discussion on journalists and journalism and the varying demands placed on you by different sections of the media whether the calls are from local or national newspapers or from radio and television. By the end of this session you should:

Recognise the dirty tricks journalists may use
Understand the risks of tacitly agreeing with journalistic contentions
Appreciate that different journalists are after different things

5. Being an Effective Messenger
Don't shoot me I'm only the messenger! Holding the line in the face of difficult and often hostile questioning can be a stressful experience. This brief session, which ends the day, aims to show you how to stay calm and confident under pressure.

FOR DATES, LOCATIONS & VENUES

...of all our workshops, please visit www.acmtraining.co.uk

TO BOOK A PLACE

...on any of our workshops, either do so online at www.acmtraining.co.uk, or email bookings@acmtraining.co.uk

FOR FURTHER INFORMATION

...about ACM Training, our clients, production facilities and terms & conditions, please feel free to visit website.

IN-HOUSE DELIVERY

...we are always happy to deliver our workshops in-house.


Kind regards,

Sandy

Sandra Keating
ACM Training
Crosshands
Coreley
Shropshire SY8 3AR
UK
T: +44 1584 890970
F: +44 1584 890810
E:sandrakeating@acmtraining.co.uk
I:www.acmtraining.co.uk/

********************************************************
DOL GIVES $2.5M IN GRANTS FOR HEALTHCARE WORKER PROGRAMS
********************************************************
DOL Announces $2.5 Million in Grants Available for Healthcare Worker Programs

Volume 12 Number 32 ISSN 1091-4021
Friday, February 16, 2007

News: Health Workforce

As part of President Bush's high-growth job training initiative, the Labor Department is making $2.5 million in grants available to organizations seeking to develop and implement regional strategies for increasing the number of qualified workers for jobs in the long-term health care industry.

In a notice set for publication in the Federal Register Feb. 16, the department noted that both the population of those requiring long-term care and the demand for nurses, certified nurses' assistants, home health aides, and other trained workers in the industry are projected to rise dramatically in the coming decades. The Labor Department said interested public and private organizations, including faith-based and community groups, should apply for the grants by April 5, 2007, and address specific criteria set out in the notice in their applications.

The notice emphasized that applicants should discuss how they would promote a partnership of business, the workforce investment system, and education, and how they would address job training and workforce development on a regionwide basis. The department said it anticipates funding five projects at approximately $500,000 each for 36-month periods. The notice added, however, that grants could be more or less than $500,000, at the department's discretion, and that time extensions might be available. Grants may be used to support ongoing programs but grants would not be available to renew expired programs, the notice said. The federal funds are not intended as a grantee's sole source of funding, but rather to supplement or leverage other financial backing, the department said.

Completed grant applications should be mailed or hand-delivered to: U.S. Department of Labor, Employment and Training Administration, Division of Federal Assistance, Attention: Eric Luetkenhaus, Reference SGA/DFA PY 06-07, 200 Constitution Ave. N.W., Room N-4716, Washington, DC 20210. Interested parties may also apply online at: http://www.grants.gov by April 5.

The notice indicated that the Labor Department's Employment and Training Administration will hold an Internet seminar regarding the grant competition on March 5. Access information for the electronic seminar will be posted on ETA's website at: http://www.doleta.gov/BRG/Indprof/Health.cfm.

For technical questions regarding the grant process, contact Jeanette Flowers by fax at (202) 693-2705. The fax must be sent to the attention of Flowers and include the following information: SGA/DFA PY 06-07, a contact name, return fax number, and telephone number.

Documents published in the Federal Register can be accessed at http://www.gpoaccess.gov/fr/index.html. The website's option to "browse" the table of contents includes links to published material.

For more healthcare news issues, see: http://www.aapd.com/News/health/indexhealth.php
(thax jfa)

===============================
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 V7-#40  Friday, February 16, 2007 -- No Vote, No Voice!  
========================================================
This is a Special DAC report that had to get out before February 21st, from my friend Ollie at the White House. I encourage you to read and participate in this UPCOMING WEB FORUM ON SERVING CRIME VICTIMS WITH DISABILITIES.

Also I'm enclosing an updated report from Steve Gold's last missive re:
Disabled People and Poverty in 2007, Information Bulletin # 197 (A) with current data from 2007.

Both of these items are important so that's why I'm sending out this late report. Thax:)


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

Keith-

========================================================
1. WEB FORUM ON SERVING CRIME VICTIMS WITH DISABILITIES
2. DISABLED PEOPLE AND POVERTY IN 2007
========================================================
********************************************************
WEB FORUM ON SERVING CRIME VICTIMS WITH DISABILITIES
********************************************************  
TO:
Keith Kessler
Founder
Disabled Action Committee

FR:
Olegario D. Cantos VII, Esq.
Associate Director for Domestic Policy
The White House

- - - - - - - - - -

Keith, as part of our Administration's efforts to enhance community awareness about the rights of crime victims with disabilities, the Office for Victims of Crime of the Office of Justice Programs of the  U.S. Department of Justice is hosting a web forum to discuss pertinent issues relating to this topic, which is not discussed in disability advocacy circles outside the direct victim/witness field as frequently as other issues.  In order further to bring together victim/witness service providers, leaders and members of the disability community, social service agency executives, policy experts, and victims' rights advocates, the web forum is intended to foster broader discussion of and attention to the many critical issues facing people with all types of disabilities who are victimized by crime.  Different from a web chat, it is an online "bulletin board," so folks are welcome to post questions, and they will see the answers posted in response.

The field of crime victimization within a disability context continues to increase attention toward the most vulnerable among us.  We are engaging in such efforts in order to help save lives and prevent injury before a crime occurs and to increase access to service to crime victims with disabilities and their families in instances in which victimization has occurred.  Here are some examples of some of the most recent activities.

     * Six weeks ago, OVC hosted a meeting with various stakeholders to discuss the next possible International Conference on Crime Victimization of Children and Adults with Disabilities to be organized by Arc of Riverside and the Child Abuse and Neglect Disability Outreach Project.  OVC Director John Gillis was on hand for several hours as were a representative of the White House Domestic Policy Council and a number of leaders from around the country. 

     * In direct collaboration with the White House, OVC is working in close partnership with the National Council on Disability (the independent federal agency making recommendations to Congress and the President on national disability policy) and the National Center for Victims of Crime (NCVC) on efforts surrounding National Crime Victims Rights Week (NCVRW) to be commemorated in late April.  This partnership is also extending to NCVC's upcoming national conference.

     * During NCVRW events, Director Gillis will be making an announcement surrounding a new video that OVC has funded and produced to help first responders with forensic interviewing of individuals with developmental disabilities. 

     * Earlier this week, the White House Domestic Policy Council made a presentation before the President's Committee for People with Intellectual Disabilities surrounding crime victimization of children and adults with disabilities, and this was very well received.  The President's Committee, just within the past several hours, has dedicated itself to giving direct attention on victims issues within a recommendation report that is expected to be released this May.  A key theme of this report will be "valuing the victim."

     * This June, for the first time ever, NCVC will be dedicating an entire conference track to crime victimization of people with disabilities.  This is historic, since the primary audience will be victim/witness service providers, most of whom have not worked directly with people with disabilities in the past.

     * For the past several months, the Association of University Centers on Disabilities has been convening and regularly hosting a series of national conference calls, featuring a working dialog with the White House.  These calls bring together leaders from different organizations to plan and then concretely carry out specific action steps to increase attention to disability issues within victims' side criminal justice work and to increase tracking of crime perpetrated against men, women, and children with disabilities.  Notably, the National Disability Rights Network and the National Council on Independent Living (NCIL) are among the disability advocacy organizations that have taken up crime victimization as part of their ongoing policy work.  NCIL, in fact, has passed a resolution concerning crime victimization.

     * The National Sherrifs Association is dedicating greater concerted attention to crime victims with disabilities during national meetings. 

Clearly, both victim/witness programs and disability organizations are coming together in this arena in a way like never before.

I want you to know, Keith, how importantt you are personally toward assisting with this enhanced activity.  In addition to what follows, prepare to be on the look-out for other items that I will be sending your way so that you may help get this information into the hands of those who need it the most.  As you know, I write to thousands of leaders and other key contacts within organizations in the public, private, and non-profit sectors.  Yet, I make it a point to correspond with each individual personally, because that is how important it is to me that we continue to build our working relationship with one another, Keith.  I will write to you again soon and am grateful to you for the ongoing opportunity to stay in close touch.

Warmest wishes, and have a spectacular weekend.  If you need anything, chances are that I will be here, so feel free to give me a call or to write.

--Ollie

- - - - - - - - - -

The Office for Victims of Crime (OVC) hosts a Web Forum that links crime victim service providers and allied professionals to their colleagues from other states. OVC's Web Forum allows you to tap into a national network of people who face the same challenges and experiences. It is the perfect place for providers to gain peer insight and support related to best practices in victim services.

SERVING CRIME VICTIMS WITH DISABILITIES:  FEBRUARY 21

     On February 21, 2007, at 2:00 p.m. (eastern time), the Office for Victims of Crime (OVC) will present a Web Forum discussion with Olegario Cantos VII and Sharon D'Eusanio on serving crime victims who have disabilities. Mr. Cantos is Associate Director of the White House Domestic Policy Council in the Executive Office of the President. Ms. D'Eusanio is the Assistant Director of the Division of Victim Services and Criminal Justice Programs for the Office of the Florida Attorney General. For more information about these Guest Hosts, visit the OVC Web Forum at http://ovc.ncjrs.gov/ovcproviderforum/asp/guesthost.asp.

     Visit the OVC Web Forum now at:

          http://ovc.ncjrs.gov/ovcproviderforum

to submit questions for Mr. Cantos and Ms. D'Eusanio and return on February 21 at 2 p.m. (Eastern Time) for the live discussion. Go to:

          http://ovc.ncjrs.gov/ovcproviderforum/asp/participate.asp for instructions on how to participate.

     No registration is required, so joining the OVC Web Forum online community is easy. Visit now to make connections that can change the lives of the victims you serve.

     Make connections. Share ideas. Change lives:

          http://ovc.ncjrs.gov/ovcproviderforum/host.html

***

PUTTING VICTIMS FIRST

OVC shares your mission and has a wide range of resources to help you accomplish it. Visit the National Criminal Justice Reference Service online at http://www.ncjrs.gov to register for services or to find out more.

- - - - - - - - - -

Olegario D. Cantos VII, Esq.
Associate Director for Domestic Policy
The White House
Washington, DC   20502
(202) 456-7330 [Voice/Relay]
(202) 395-1160; (202) 395-1144 [TTY]
(202) 456-5557 [Fax]
ocantos@who.eop.gov [Email]

********************************************************
DISABLED PEOPLE AND POVERTY IN 2007
********************************************************
Disabled People and Poverty in 2007, Information Bulletin # 197 A

After I sent out #197, I was provided the data for 2007, so I've redone it with current data.

People with disabilities between 18-64, who have never been able to work or who can no longer work, receive either Supplemental Security Income (SSI) and/or Social Security Disability Insurance (SSDI).  Based on the following data, our national government and elected officials seem to have forgotten to address disability and poverty. Maybe the same can be said for disability advocates in many states.

Nationally, there are about 10 million people between 18 and 64 who are disabled and received either SSDI and/or SSI.  It's important to break down these numbers to understand the extent of poverty these people face.

First, let's look at the nearly 6 million people with disabilities in this age category who received SSDI only.  These 6 million received an average of about $950 a month in SSDI - only 10 % above the 2007 federal poverty level. The federal poverty level for a single person is $10,210 a year or $851 a month and $13,690 or $1,141 a month for a couple.  As with all "averages," there are many folks below the $950 a month.

Second, there are 3 million disabled people between 18 and 64 who received SSI only.  The monthly SSI federal payment averaged $469 a month -- 55% BELOW the 2007 federal poverty level.  If a person were lucky enough to live in one of the 30 states that provide both the SSI federal payment and a state optional and mandatory supplementation to the federal SSI payment, then their total monthly benefits are about $623 a month - still 27% BELOW the 2007 poverty level.

Third, there are about 1 million people who received a combination of SSDI and SSI. These people receive a combination of SSDI and SSI because their SSDI benefits fell well below their State's SSI payment.  They are then eligible for a SSI payment up to the SSI benefit level. (Obviously, these are the poor SSDI recipients who have no other source of household income.)

These 1 million people received in 2006 an average SSI payment of $189 a month to supplement their SSDI.  This means these 1 million were, before they became disabled, low-income workers and/or were sporadically employed and did not earn enough from wages to receive an SSDI benefit that exceeded the minimum SSI benefits. Since their SSI benefits with their SSDI benefits equaled only the minimum SSI level, their total monthly combined benefits will total about $623 a month.

When viewing people with disabilities and poverty, we should look at those 4 million SSI recipients with disabilities between 18-64 who receive SSI only or a combination of SSI and SSDI all of whose incomes fall at least 27% BELOW the 2007 federal poverty level.

If these figures were not discouraging enough, then there are the resource limitations and exclusions that must be satisfied to qualify for SSI: countable income cannot exceed $2,000 for an individual and $3,000 for a couple.  This has not changed since the SSI law was enacted more than 30 years ago!

We all know that of the 6 million people with disabilities receiving SSDI only, there are many people who would qualify for a SSI payment, because their monthly SSDI benefits are low, but they do not apply for SSI because the resource limitations. They are discouraged from applying for the measly SSI monthly income solely because they have saved more than $2,000 and are afraid to part with it in order to qualify for SSI.

If you want to know whether or not your State pays an optional state supplementation to SSI, the number of disabled who receive it, and the amount, if any, you can find it at http://www.socialsecurity.gov/policy/docs/progdesc/ssi_st_asst/2006/index.html click on your state and look at Tables 1 and 2.

Disability Advocates -

1. Why should any person with a disability have to survive on less than the poverty level?  Isn't it time for a state campaign to raise SSI levels to the poverty level?

2. If your State does not provide State Supplementation to federal SSI payments, how can any elected official expect a person with disability to survive on $469 or even $603 a month?  Why doesn't your State provide it? Why haven't the disability advocates taken up this issue?

3.  What about national legislation to increase the minimum federal SSI and to significantly increase or eliminate altogether the resource limitations? What are our national inside the beltway advocates doing to address this issue? With the recent talk of a national minimum wage, what about a national SSI payment at least at the poverty level?

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 or call 215-627-7100.

===============================
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 V7-#39  Wednesday, February 14, 2007 -- No Vote, No Voice!  
========================================================
Happy Valantine's day! Today I am posting what I thought would be a response from VAPCA (Virginia Association of Personal Care Assistants) of allegations made by me and possibly suggested by PPL of persons from VAPCA posing as PPL reps to get PCA's to join their association. Obviously, this letter is only an advertisement and nothing more. Hopefully VAPCA will answer our questions of if they posed as PPL personel with name tags et.al., to get caregivers to join them. I've talked to David Broder and he assured me this was not the case but I haven't seen anything in writing to clear up any misunderstandings yet. So as I always suggest, buyer beware and ask many questions if you're thinking of joining any association where you think you might receive higher wages and/or benefits. These are legislative acts but it does help to have 'united' voices.

So here is VAPCA's advertisement with no mention of previous questions asked. Enjoy the read......

FROM VAPCA

Dear Friend,
Personal care assistants provide the care that allows people with disabilities and seniors to live at home instead of an institution. But low wages, lack of benefits, and few opportunities for advancement make it difficult to find, train and keep a caregiver. Virginia is ranked 45th in average wages nationally for personal care. We can do better.

We’ve heard from PCAs across the state -- from Richmond to Danville, from Virginia Beach to Front Royal. All of them are saying the same thing: we need to unite to speak with one voice and make home care a good job and ensure reliable, quality care for the people we assist.

That’s why I’m proud to announce that PCAs are uniting to win improvements through VAPCA, the Virginia Association of Personal Care Assistants.

By uniting together and working in coalition with consumers and advocates, PCAs in Virginia can activate state leaders to invest in home care and expand and ensure choices for people who use personal care services.

In fact, just this past week, PCAs from across the state traveled to Richmond to speak with their legislators about the need for increased funding and increased access to home and community-based services.

“When people say you can’t influence politicians, I tell them that we were heard. The politicians listened.” – Helen Robinson, PCA and VAPCA Member who spoke at the General Assembly

PCAs in other states have shown what’s possible when caregivers unite and work closely with consumers and advocates. In Maryland, personal assistants have received 10 percent wage increases in each of the past two years, while the Michigan Legislature just passed almost $30 million in new funding to increase wages for home care workers. A recent academic study showed that turnover decreased by 54 percent after wages and benefits for PCAs were increased.

“I’m excited about uniting with other PCAs across the state because it gives us a chance to identify our common goals and use our influence as a group to improve the living conditions for ourselves and those we care for.”- Yvonne Sorovacu, PCA and VAPCA Member who spoke at the General Assembly

As we look forward, we hope to work together with groups such as yours to improve funding for home and community-based services, expand consumer choice, and make home care a good job.

Together we can make a difference for home care consumers and caregivers. If you have any questions, please feel free to contact VAPCA by leaving a message at
1-800-893-8343, or you can e-mail me directly at: dbroder@virginiapca.org

Sincerely,

David Broder
State Director
Virginia Association of Personal Care Assistants

PMB 172
7109 Staples Mill Road
Richmond, VA 23228
1-800-893-8343
dbroder@virginiapca.org

NOTE:
DAC neither endorses nor discourages persons who may want to join any type of organization / associations that may or may not enhance our Personal Caregivers voices in Virginia or nationwide. We do advise, however, that you ask and are informed about whatever choices you make in joining any organization. ..... kk-

NEXT
Social Equity: Putting Solutions to Practice
February 15-17, 2007
Richmond Omni Hotel, Richmond, VA
 
Register NOW at :   http://www.has.vcu.edu/gov/selc/register.htm
 
The 6th Annual Social Equity Leadership Conference (SELC) is focused on offering solutions to social inequities in governance. Planned in partnership with the National Academy of Public Administration and the L. Douglas Wilder School of Government and Public Affairs at Virginia Commonwealth University, this conference features an array of government, academic and community leaders who offer real-life tools for providing more equitable, comprehensive and culturally responsive services.
 
Who should attend ?  Public sector executives and managers, academic researchers, and representatives from various non-profit and private agencies that provide services to state and local human services agencies
 
NEXT
National Council On Disability Report Identifies Six Strategies To Make American Communities More Livable For People With Disabilities
Third in the series of reports by the National Council on Disability (NCD) on how to make American communities more livable for people with disabilities, Creating Livable Communities presents six strategies that can be implemented at the federal and local levels in the U.S. to promote community living for people with disabilities. Each strategy is illustrated by actual initiatives being practiced at federal and state levels. The report also contains eight recommendations for the legislative and executive branches of the federal government and states, so that they can proactively adopt strategies and policies that invest in livable community outcomes. The report can be found at http://www.ncd.gov/newsroom/publications/2006/livable_communities.htm#executive

The two previous NCD reports include Livable Communities for Adults with Disabilities (2004) and The State of 21st Century Long-Term Services and Supports: Financing and Systems Reform for Americans with Disabilities (2005).

FAST FACT
Health insurer Humana’s profit for 2006 more than doubled, due to increased enrollment in its Part D and Medicare Advantage plans. The company posted a profit of $155 million, up from $61.8 million a year earlier (“Humana Profit More Than Doubles, Aided by Medicare Gains,” New York Times, February 6, 2007).

NEXT
Pharmaceutical Rip-off
http://www.msnbc.msn.com/id/16673463/wid/11915773?GT1=8921#storyContinued

NEXT
PENINSULA TRANSPORTATION COALITION

Special Transportation Program
The Peninsula Transportation Coalition is accepting applications for service from disabled individuals, residing in the cities of Hampton, Newport News, and York County needing transportation, who have been found to be ineligible for service by Hampton Roads Transit or Williamsburg Area Transport.  Applicants must provide proof of ineligibility when applying.

Trips will be limited to the following locations:
              ?Medical facilities/doctors' offices
              ?Social Service agencies
              ?Social Security Administration offices
              ?Vocational Rehabilitation offices
              ?Independent Living Programs
              ?Salvation Army
              ?Senior Citizen Programs
              ?Other Community Service agencies

Transportation will be provided based on availability of service by Coalition member agencies.  Requests for transportation must be made two weeks in advance.  For applications or to schedule transportation, call the Peninsula Transportation Coalition at (757) 827-3426.

Link:
http://www.iepcil.org/PENINSULA%20TRANSPORTATION%20COALITION.htm

NEXT
State of Mine Goes National, and Needs Your Stories
State of Mine, a Youth Run Mental Health Advocacy Organization started in Albuquerque, New Mexico, is opening up to a national level.

State of Mine was started three years ago in Albuquerque, New Mexico by teenagers who wanted to make a difference in the community's perceptions of individuals with psychiatric disabilities. Over the next three years, the organization grew to work with students in high schools and colleges directing awareness campaigns and competitions, creating community awareness initiatives, producing documentaries, and holding local events to promote awareness and decrease stigma.

Curricula and training have been developed for youth advocacy and legislative advocacy trainings.  These trainings help youth to become community advocates and assist individuals in working within a legislative session to achieve a desired outcome.

The newest project developed by the leaders at State of Mine is the creation of a book of recovery stories, or success stories, which will tell of the lives of amazing individuals who have struggled with psychiatric disabilities and mental illness and how they have gone on to live successful lives.

In order to complete this project, State of Mine needs your help. If you are interested in sharing your story or being interviewed for this book, please email stateofmine2007@yahoo.com for more information.

Source: Anisha Imhoff-Kerr is the executive director of State of Mine and is one of AAPD's 2006 Paul G. Hearne recipients.

AND
[WRIGHTSLAW] Transition Services, Transition Plans, a Great Transition Case - Special Ed Advocate (02/13/07)
Download the printer-friendly version of this issue:
http://www.wrightslaw.com/nltr/07/nl.0213.htm

FINALLY - JOBS
Looking for candidate with 508 background in Richmond, VA

Hi everyone,
We are looking for resumes for candidates with IT, 508 and/or AT experience that could work onsite at a company in Richmond, VA.  We welcome and encourage applications from people with disabilities.  This particular assignment is 2 years and then we will place this person in another assignment or somewhere else at TecAccess.  We sure would appreciate any resumes or recommendations. 

We also have other positions coming in the near future so we welcome all interested candidates. If you are interested in a job description, please let me know.  Thank you.

To apply for a position with TecAccess, please contact:

Angie Wimmer
TecAccess
HR Manager
awimmer@tecaccess.net
(804) 749-8646

Executive Director Position Announcement
ICON Community Services, Inc. is seeking qualified candiates for the
position of executive director.  The following is the link to the
position announcement and the position description
http://iconservices.org/jobsaticon/

More information about ICON, it's mission, services and people served
can be found at http://www.iconservices.org

Karen Tefelski
Executive Director
vaACCSES
6295 Edsall Road, Ste. 175
Alexandria, VA   22312
703/461-8747
703/461-3906 Fax
703/200-7660 cell


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

Keith-

========================================================
1. FUNDING OPPORTUNITY FOR NON-PROFITS
2. DISABLED PERSONS AND POVERTY, BY STEVE GOLD
3. ALBUQUERQUE VOTER ID LAW STRUCK DOWN
4. SSI/SSDI WORK INCENTIVES - UNDERSTANDING THE RULES
5. HOW YOU GET EXTRA HELP FOR MEDICARE PART D
6. ORACLE SUED FOR FAILING BLIND USERS
========================================================
********************************************************
FUNDING OPPORTUNITY FOR NON-PROFITS
********************************************************  
Funding Opportunity for Non-Profits

Hi, Keith.  I hope you are doing well.  Since you are in the non-profit world, I wanted to send you information about a funding opportunity that has just come across my desk.  It concerns improvement of health within the context of the President's Take Action Initiative.  I specifically am sending this to you, because this may be a chance for you to tie in any work you have done or are doing with the U.S. Department of Health and Human Services whose Office on Disability has worked in collaboration with the Surgeon General to create the Call To Action to Improve the Health and Wellness of People with Disabilities.  See: http://www.hhs.gov/od

This is an opportune time to integrate your efforts with those of the broader community to promote health and fitness.  Further information about the grant is below.  Take good care, and I hope this helps.  Thanks much, Keith.  (And, even if this may not directly interest you, perhaps this may be of interest to those you know.)  Warmest wishes, as always.

--Ollie
- - - - - - - - -

Request for Proposals - Take Action: Healthy People, Places and Practices in Communities Project

The Department of Health and Human Services (HHS) Office of Public Health and Science, Office of Disease Prevention and Health Promotion and the Regional Health Administrators are requesting proposals from community-based organizations and others to evaluate the impact of a unique set of healthy lifestyles activities in local settings that support the President's HealthierUS initiative. As part of the Take Action:  Healthy People, Places and Practices in Communities Project, the proposed activities should address one or more of the four parts of the President's HealthierUS initiative: 1) be physically active, 2) eat a nutritious diet, 3) get preventive screenings, and 4) make healthy choices/avoid risky behaviors.

Not-for-profit, community-based organizations including faith-based groups, after school programs, coalitions and others are encouraged to submit proposals. The one-year project period will run from July 1, 2007 through June 30, 2008. Funding for these activities will be between $2,000 and $5,000 and a national evaluation of the project will be conducted. The deadline for receipt of proposals is March 30, 2007.

Background information on the project, proposal instructions and forms are attached and also available at:

     http://www.osophs.dhhs.gov/ophs/healthypeople

If you have questions or need more information about the Take Action:  Healthy People, Places and Practices in Communities Project, please call 1-866-224-3815 or email your questions to answers@JSI.com.

- - - - - - - - - -

Olegario D. Cantos VII, Esq.
Associate Director for Domestic Policy
The White House
Washington, DC   20502
(202) 456-7330 [Voice/Relay]
(202) 395-1160; (202) 395-1144 [TTY]
(202) 456-5557 [Fax]
ocantos@who.eop.gov [Email]

********************************************************
DISABLED PERSONS AND POVERTY, BY STEVE GOLD
********************************************************
Disabled Persons and Poverty, Information Bulletin # 197

People with disabilities between 18-64, who have never been able to work or who can no longer work, receive either Supplemental Security Income (SSI) and/or Social Security Disability Insurance (SSDI).  Based on the following data, our national government and elected officials seem to have forgotten to address disability and poverty. Maybe the same can be said for disability advocates in many states.

Nationally, there are about 10 million people between 18 and 64 who are disabled and receive either SSDI and/or SSI.  It's important to break down these numbers to understand the extent of poverty these people face.

First, let's look at the nearly 6 million people with disabilities in this age category who receive SSDI only.  These 6 million receive an average of about $950 a month in SSDIb only 24% above the federal poverty level. The federal poverty level for a single person is $9,800 a year or $816 a month.  As with all "averages," there are many folks below the $950 a month.

Second, there are 3 million disabled people between 18 and 64 who receive SSI only.  The monthly SSI federal payment averaged $469 a month -- 43% BELOW the federal poverty level.  If a person were lucky enough to live in one of the 30 states that provide both the SSI federal payment and a state optional and mandatory supplementation to the federal SSI payment, then their total monthly benefits are about $603 a month b still 26% BELOW the poverty level.

Third, there are about 1 million people who receive a combination of SSDI and SSI.  These people receive a combination of SSDI and SSI because their SSDI benefits fell well below their State's SSI payment.  They are then eligible for a SSI payment up to the SSI benefit level. (Obviously, these are the poor SSDI recipients.)

These 1 million people receive an average SSI payment of $189 a month to supplement their SSDI.  This means these 1 million were, before they became disabled, low-income workers and/or were sporadically employed and did not earn enough from wages to receive an SSDI benefit that exceeded the minimum SSI benefits. Since their SSI benefits with their SSDI benefits equal only the minimum SSI level, their total monthly combined benefits total about $603 a month.

When viewing people with disabilities and poverty, we should look at those 4 million SSI recipients with disabilities between 18-64 who receive SSI only or a combination of SSI and SSDI b all of whose incomes fall at least 26% BELOW the federal poverty level.

If these figures were not discouraging enough, then there are the resource limitations and exclusions that must be satisfied to qualify for SSI: countable income cannot exceed $2,000 for an individual and $3,000 for a couple.  This has not changed since the SSI law was enacted more than 30 years ago!

Many people of the 6 million people with disabilities receiving SSDI only, who would qualify for a SSI payment, because their monthly SSDI benefits are low, do not apply for SSI because the resource limitations. They are discouraged from applying for the measly SSI monthly income solely because they have saved more than $2,000 and are afraid to part with it in order to qualify for SSI.

If you want to know whether or not your State pays an optional state supplementation to SSI, the number of disabled who receive it, and the amount, if any, you can find it at http://www.socialsecurity.gov/policy/docs/progdesc/ssi_st_asst/2006/inde.html, click on your state and look at Tables 1 and 2.

Disability Advocates -

1. Why should any person with a disability have to survive on less than the poverty level?  Isn't it time for a state campaign to raise SSI levels to the poverty level?

2. If your State does not provide State Supplementation to federal SSI payments, how can any elected official expect a person with disability to survive on $469 or even $603 a month?  Why doesn't your State provide it? Why haven't the disability advocates taken up this issue?

3.  What about national legislation to increase the minimum federal SSI and to significantly increase or eliminate altogether the resource limitations? What are our national inside the beltway advocates doing to address this issue? With the recent talk of a national minimum wage, what about a national SSI payment at least at the poverty level?

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 or call 215-627-7100.

********************************************************
ALBUQUERQUE VOTER ID LAW STRUCK DOWN
********************************************************
Albuquerque Voter ID Law Struck Down

FOR IMMEDIATE RELEASE
Tuesday, February 13, 2007

CONTACT: Peter Simonson, ACLU-NM Executive Director, (505) 266-5915 ext 1002; Cell (505) 238-2762; or James Scarantino (505) 366-7873

Albuquerque—A federal judge struck down Albuquerque’s Voter ID law yesterday “because it imposes a significant burden on the fundamental right to vote, and because that burden is not narrowly tailored to meet the City’s interest in preventing voter impersonation at the polls.”  The ruling results from a lawsuit that the American Civil Liberties Union (ACLU) of New Mexico filed in October, 2005 on behalf of the League of Woman Voters and Bernalillo County, Inc., among other plaintiffs.

“The law created an unfair, unequal system of voting,” said ACLU Executive Director, Peter Simonson.  “It treated people who voted in person as suspicious, but exempted people who voted absentee from any ID requirements at all.  Ironically, it gave a pass to the very type of vote that is most susceptible to fraud.”

In her ruling, Judge Christina Armijo noted that the City of Albuquerque failed to present “evidence of voter fraud or voting irregularities among Albuquerque voters who vote in person at their precinct polling place on election day.”  Indeed, the most convincing evidence of voter fraud lay with absentee voting.  Testimony by former NM State Election Director Denise Lamb “cite[d] several examples of schemes or ploys that reportedly were used to defraud or disenfranchise voters using absentee voting procedures.” 

ACLU attorney James Scarantino said, “The judge underscored the truly cynical nature of this law.  The people of Albuquerque were sold voter ID as a preventive measure for voter impersonation, when in fact the law fixed what didn’t need fixing.  And it left the only real source of fraud—absentee voting--unchecked.”

Scarantino noted that the Albuquerque City Council was warned in June 2005 by City Councilor Michael Cadigan that the disparate treatment of in-person and absentee voters would prove to be unconstitutional.

“They should not have blocked Cadigan’s efforts to plug the loop-hole for absentee voters,” Scarantino said.

ACLU Director Simonson said, “With this decision I think we’ve started a trend in which the courts are looking with much greater skepticism on laws that impose burdensome ID requirements on voters.  Hopefully our state legislators will take this into account in the next several weeks as they consider bills proposing new voter ID requirements.”

The ACLU recognized Scarantino in 2006 as its “Cooperating Attorney of the Year” for his outstanding work on the voter ID lawsuit.

Peter G. Simonson
Executive Director | ACLU of New Mexico
PO Box 566 | Albuquerque, NM 87103
Tel: (505) 266-5915 | Fax: 266-5916
(thax aclu.org)

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SSI/SSDI WORK INCENTIVES - UNDERSTANDING THE RULES
********************************************************
SSI/SSDI & Work Incentives-Understanding the Myriad of Rules Governing SSI/SSDI, Medicaid Medicare & Related Work Incentives for People With Disabilities.

Stipends available for Parents and Beneficiaries who would like to attend the 2-day SSI/SSDI & Work Incentives at all locations. Marriott Courtyard-Potomac Mills : February 8-9, 2007.  This is one of the final sessions planned for the I-95 Corridor, space is limited Future Training dates and locations:

March 6-7, 2007            Lynchburg                 
March 8-9, 2007            Harrisonburg             
May 8-9, 2007               Williamsburg             
June 5-6, 2007               Ashland                     

Parents, Beneficiaries and Professional Staff are encouraged to attend the two-day interactive course to understand SSI, SSDI and available work incentives.  The “Work & Keep Your Benefits” clinic provides a brief overview of SSI, SSDI and available work incentives.  The clinic is perfect for parents and beneficiaries that just want an overview of how work affects benefits and how to utilize work incentives. Scholarships are available to beneficiaries and family members that would like to attend any of the two-day workshops or shorter clinics across the state. 

Reimbursement for travel and lodging expenses is available. Need Lodging?  Ask for the vaACCSES group rate at any of the hotels listed above.

Need More Information?

Contact
Marilyn Morrison at Mmorrison@ourpeoplework.org

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HOW YOU GET EXTRA HELP FOR MEDICARE PART D
********************************************************
Special Note: If you become eligible for Extra Help anytime this year, you will get a Special Enrollment Period to enroll in a Part D plan. As long as you enroll in a plan in 2007, you will not have to pay a premium penalty for having enrolled after you were first eligible for the Medicare drug benefit.

Marci's Mailbox

* * * * * * * * * * * *

Dear Marci,
A friend told me that Medicare offers financial assistance paying for a Medicare drug plan. I did get something in the mail from Social Security that says it offers a program called Extra Help. Is that a different program? Where do I apply—through Medicare or Social Security?

–Dino (Falls Church, VA)

Dear Dino,
Extra Help is the federal assistance program that helps pay most of the cost of the Medicare prescription drug benefit (such as premiums, deductible and copayments) if you have low income. You apply for the Extra Help program through the Social Security Administration (SSA), not Medicare. You do not need to apply if you have Medicaid, Supplemental Security Income (SSI) or a Medicare Savings Program (MSP)—Medicare will automatically enroll you in the Extra Help program if you receive any of those benefits. Some people also call the Extra Help program the Part D Low Income Subsidy program.

Find the application
You can apply online using Social Security’s web site, www.ssa.gov. You can also pick up a paper copy of the Extra Help application at your local Social Security office or call 800-772-1213 to have Social Security send you one.

Paper or Internet?
If you are going to apply using a paper application, make sure it is an original from Social Security. Do not photocopy your friend’s form or print one out from the Internet. That will slow down the processing of your application.

Applying online is faster and allows you to get immediate confirmation that Social Security has received your application. If you apply online and need to stop before you’re finished, you can even save your application and return to it later.

Tip: You can also apply online using the National Council on Aging’s BenefitsCheckUp tool. BenefitsCheckUp lets you know about other valuable benefits you may be eligible to receive (like Medicaid, MSPs and state pharmaceutical assistance).

Remember, applying for Extra Help is separate from enrolling in a Medicare drug plan. If you get Extra Help, you must still choose a private plan offering Medicare drug coverage in your area in order to get the Medicare prescription drug benefit.

–Marci
(thax medicarerights)

********************************************************
ORACLE SUED FOR FAILING BLIND USERS
********************************************************
Oracle Sued for Failing Blind Users
US National Federation of the Blind takes up fight against database giant

Robert Jaques vnunet.com
February 5, 2007

Oracle was today accused of failing to produce software that is accessible to blind users.

The US National Federation of the Blind and three blind State of Texas employees filed a lawsuit against the database giant in a bid to enforce the provision of Texas law requiring all IT purchased by the state to be accessible to blind employees.

The legal attack came after the State authorities bought Oracle to replace another software package that had, in large part, been accessible to blind users.

Dr Marc Maurer, president of the US National Federation of the Blind, said: "Access to IT is critical to success on the job for everyone in the 21st century, and this is no less true for the blind than it is for the sighted.

"The National Federation of the Blind is committed to improving access to all IT, and we will take all steps necessary to do so, including litigation."

Tommy Craig, president of the National Federation of the Blind of Texas, added: "The state legislature of Texas recognised the need for equal access for the blind by passing a law requiring it, and it is unconscionable that a state agency is violating that law.

"The National Federation of the Blind of Texas will not rest until all of the employees of the state of Texas have equal access to all the information they need to function effectively."

The suit names as defendants the directors of the Health and Human Services Commission and the Texas Workforce Commission (the agencies for which the blind employees work) and the state's acting chief technology officer.

The action arises from the state's continuing renewal of contracts to purchase Oracle's human resources software and other products "despite the fact that the software cannot be used by blind Texas employees".

The plaintiffs have asked a Texas court to require the software to be made accessible to the blind and to require that the state discontinue its purchases of inaccessible software.

Blind people access computer software by means of screen access programs, which convert what is on the screen into synthesised speech or allow it to be displayed in Braille.

The Oracle software, which is used by state employees for various human resources tasks, does not provide equal access to blind persons using screen access technology, according to the suit.

Edwin Kunz, one of the blind plaintiffs who directs a rehabilitation centre for the blind within the Health and Human Services Commission's Department of Assistive and Rehabilitative Services, said: "I am unable to review and enter information such as my hours worked and leave taken unless a sighted person helps me to do so.

"Even worse, I cannot access critical information about the employees that I supervise without the assistance of a sighted person.

"Because I must have sighted assistance for all of these personnel functions, both my privacy and the privacy of my employees are routinely violated. I have complained about the problems with the software, but nothing has been done to fix them.

"I hope this lawsuit will spur Oracle to move quickly to correct this problem, otherwise the state will have to purchase human resources software from someone else."

Source: VNU Business Publications Ltd.
(thax jfa)

===============================
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 V7-#38  Friday, February 09, 2007 -- No Vote, No Voice!  
========================================================
We've been getting several inquiries about folks not receiving the DAC newsletters which go out almost weekly. One of the main reasons many don't get these letters are because their spam and virus controls are set too high. So you'll notice that this weeks letter is going out starting with "Re:" to try and confuse the filters blocking us. You might try talking with your IT people to have them set your computers to accept mail that you've been missing. This is a common problem for many other newsletters going out as well so many people are missing a lot of email. Lets hope this works:)

NEXT 
In response to our last newsletter's response from PPL's president, Marc Fenton, (fiscal agent for DMAS) we received this letter from a Personal Care Attendant who is a member of the Virginia Association of Personal Care Assistants. Read on.

PCA LETTER RESPONDS
I'm a personal care assistant from Richmond, and I'm a member of the Virginia Association of Personal Care Assistants. I'm excited to be a part of this new group and for the chance to work together with other PCAs.

We're reaching out to PCAs all across the state to join with us, and it sounds like there's been some confusion about who we are and what we're doing. We're an association of PCAs, and we're working to get as many of us together as we can to urge the state legislature to pass improvements to home care. We're not a union, because state law prohibits us from collective bargaining. But we are working closely with SEIU to stay connected with their 400,000 PCA members across the country.  If there was any misunderstanding about the identity or mission of the association, that is something that we will work to clarify for any new members.

The VAPCA representatives that I've spoken with didn't make any promises to me. We did talk about what joining together in an association could achieve, and they made it clear that we will all need to work hard together to convince the legislature to support home care and invest in the work we do. That's why I got involved and why I hope other PCAs in Virginia will get involved. In fact, that's why I joined with fellow VAPCA members to talk to my legislators in Richmond yesterday.

We want to work closely with those who receive consumer-directed services and with advocates to win the kind of livable wages and health benefits that PCAs in other states have won. Together we can lower turnover and make sure that there will be enough PCAs to meet the rising demand for consumer-directed personal care. I hope that you will support our efforts.

Sincerely,

Yvonne Sorovacu
ratsoup@hotmail.com

NOTE:
DAC neither endorses nor discourages persons who may want to join any type of organization / associations that may or may not enhance our Personal Caregivers voices in Virginia or nationwide. We do advise, however, that you ask and are informed about whatever choices you make in joining any organization. ..... kk-

NEXT
MENTAL HEALTH TRANSFORMATION STATE INFRASTRUCTURE GRANT (MHT SIG) WEB SITES
Mental Health Transformation State Infrastructure Grant (MHT SIG) Web Sites

Six states that received Mental Health Transformation State Incentive Grants from the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration have established web sites that share information about their transformation activities. These grants support an array of infrastructure and service delivery improvement activities to help grantees build a solid foundation for delivering and sustaining effective mental health and related services.  They support new and expanded planning and development to promote transformation to systems explicitly designed to foster recovery and meet the multiple needs of consumers.

The general web sites for these grantees are as follows.

Connecticut: http://www.dmhas.state.ct.us/transformation.htm
Ohio: http://www.anewdayohio.org/
Oklahoma: http://www.okinnovationcenter.org/
Texas: http://www.mhtransformation.org/
Washington: http://mhtransformation.wa.gov/

New Mexico has their Needs Assessment and Resource Inventory (NARI) and Comprehensive Mental Health Plan (CMHP) available online at the following sites.

NARI: http://www.bhd.state.nm.us/pdf/NM_NARID.pdf
CMHP: http://www.bhd.state.nm.us/pdf/NM_Comp_BH_Plan_06.pdf

TWO NEW GUIDES RELEASED ON ASSISTING SUICIDE ATTEMPT SURVIVORS
Two New Guides Released on Assisting Suicide Attempt Survivors

National Suicide Prevention Lifeline: After an Attempt. A Guide for Taking Care of Your Family Member After Treatment in the Emergency Department.

Suicidal thoughts and actions generate conflicting feelings in family members who love the person who wishes to take his or her own life. That is why this guide was developed for you. It will give you some important points on how to take care of yourself and your family member following a suicide attempt and it will provide resources to help you move forward.

You can download this guide at: http://mentalhealth.samhsa.gov/publications/allpubs/SVP-0159/ or order via: 1-800-789-2647

National Suicide Prevention Lifeline: After an Attempt. A Guide for Medical Providers in the Emergency Department Taking Care of Suicide Attempt Survivors

The purpose of this brochure is to provide tips to enhance care in the Emergency Department (ED) for people who have attempted suicide, while also providing information on the Health Insurance Portability and Accountability Act (HIPAA), patient discharge, and resources about suicide for medical professionals, patients, and their families.

You can download this brochure at: http://mentalhealth.samhsa.gov/publications/allpubs/SVP-0161/ or order via: 1-800-789-2647

NEXT
Caregiver Grants
In order to receive a Caregiver Grant, a person must provide unpaid assistance to a relative with a mental and/or physical impairment. Assistance is defined as an individual needing “at least the assistance of another person or another person and equipment or a device (mechanical help and human help) to safely complete the activity or has the activity performed for him or her.” A licensed physician must certify that the requirements for assistance are met. Both the caregiver and the relative receiving care must meet certain eligibility criteria. Applications for the grant are accepted between February 1 and May 1 of each year for care provided in the preceding calendar year.
Additional information and an application for the Caregivers Grant Program can be found online.
http://www.dss.virginia.gov/family/as/caregiver_forms.cgi

FEDERALLY FUNDED RESEARCH ON COCHLEAR IMPLANTS, GENETICS OF HEARING LOSS, HAIR CELL GENERATION FEATURED AT ARO CONFERENCE IN DENVER
http://www.nih.gov/news/pr/feb2007/nidcd-07.htm

Autism-like disorder 'reversible'
The symptoms of a severe brain disorder similar to autism, which affects around 10,000 UK children, could be reversed, scientists believe.
http://news.bbc.co.uk/go/pr/fr/-/2/hi/health/6342659.stm

AND MORE
EXTREME IRRITABILITY: IS IT CHILDHOOD BIPOLAR DISORDER?
http://www.nih.gov/news/pr/feb2007/nimh-01.htm

AP: Kids learn to cope with mother's illness
http://apnews.myway.com/article/20070128/D8MTUT0G0.html

Teen uses bubble wrap to aid amputees
http://apnews.myway.com/article/20070130/D8MVCH3O0.html

Recruiters Seek Disabled Students
http://www.aapd.com/News/empissues/indexempissues.php

Vets Group: Keep 24-hour Disability Coverage
www.armytimes.com/news/2007/01/tnsDisabilitylimits070123/

AND
ASSISTED SUICIDE

* Hawaii  Hawaii legislators have introduced a bill that would legalize physician-assisted suicide. You can read the bill in its entirety at: http://www.capitol.hawaii.gov/sessioncurrent/Bills/SB1995_.htm

- The bill notes that "No person shall qualify...solely because of age or disability."

- The bill states that if an attending physician is unable or declines to fulfill the responsibilities of dispensing the requested lethal medication, an "alternate physician" may dispense the medication after confirming certain information with the attending physician but need not individually assess the patient before dispensing the lethal dose.

- The bill indicates that an attending or consulting physician may refer a patient for psychiatric or psychological counseling prior to prescribing the lethal medication if they feel it is appropriate, but such counseling is not required.

- The bill requires that a monitor be present to witness the actual administration of the lethal dose but does not specify that this "competent adult" may not be the attending or alternate physician.

- The bill also states that the action of the patient cannot be construed as a suicide for purposes of life, health, and accident insurance.

* Switzerland  A decision Thursday from Switzerland's highest court established that nonterminal patients with mental illness may be allowed to seek the assistance of doctors in taking their own lives. In their decision, the court stated, "It cannot be denied that an incurable, long-lasting, severe mental impairment... can create a suffering out of which a patient would find his/her life in the long run not worth living anymore."

The man who brought the suit, who is bipolar, is a paying member of one of the country's "suicide clinic" organizations, Dignitas. Assisting someone to die is not punishable in Switzerland, so long as there is no "selfish motivation."

Ludwig Minelli, a Swiss lawyer and founder of Dignitas has told the media, "We never say no. Even those suffering from Alzheimer's will have lucid moments in which they may choose to die once a certain point has been reached, such as when they can no longer recognise their children."

To read more about the court decision, go to: http://www.iht.com/articles/ap/2007/02/02/europe/EU-GEN-Switzerland- Assisted-Suicide.php

To read more about Dignitas, go to: http://observer.guardian.co.uk/international/story/0,6903,1091320,00 .html

http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=49765
(thax jfa)


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

Keith-

========================================================
1. MONEY FOLLOWS THE PERSON "REBALANCING BENCHMARKS"
2. 50 - 50 OR BUST! MONEY FOLLOWS THE PERSON
3. SETTING LIMITS - IMPORTANCE OF HOMEWORK - CONFUSED BY LAW?
4. FCC SEEKS COMMENT ON GRANTS FOR REMOTE ALERT SYSTEMS
5. DEAR MARCI - YES, THERE IS "EXTRA HELP" FOR PART D EXPENSES
========================================================
********************************************************
MONEY FOLLOWS THE PERSON "REBALANCING BENCHMARKS"
********************************************************  
Money Follows the Person "Rebalancing Benchmarks"- Information Bulletin #193

Two weeks ago, CMS sent out "Money Follows the Person Rebalancing Demonstration Request for Additional Information" letters to 21 states. These are the 21 States that were not awarded "first round" MFP grants of more than $800 million, but are eligible for a "second round" grant. These 21 states have only until February 20 to respond to the CMS questions and concerns.
Whether your State will receive a MFP grant in the "second round" ( $700 million remains) depends on how your State responds to CMS' questions and concerns.  Based on the CMS letters we have seen, CMS appears serious about requiring "Rebalancing Benchmarks," i.e., how will your State decrease the ratio of institutional to community expenditures? What will your State, in order to receive the enhanced federal match, do to demonstrate its seriousness on the home and community based side of the scale?

CMS suggests one "measurable benchmark" which we think is critical and will demonstrate if your State is really serious about "rebalancing" its Medicaid long term care expenditures.  Namely, CMS suggests "A percentage increase in Home and Community Based services versus institutional long-term care expenditures under Medicaid for each year of the demonstration program."  CMS is right on the mark!

For the past several springs we have provided by State a comparison of the Medicaid expenditures for institutional versus community-based services. Nationally in FY 2005, for persons who receive "A/D" services, i.e., older Americans and disabled persons, nearly 73% of the funds went to the institutions and 27% went to community-based services.

A true rebalancing benchmark would reduce those ratios so that each year, as one example, the percentages for institutional care would be reduced by 5% and the community-based services expenditures would be increased by 5%. By the end of the five year grant, we would see a true "rebalancing." The same principle applies for MR/DD services.

Congress understood that the primary purpose of MFP was to "rebalance" Medicaid's expenditures from the institution to the community.

Why would a State not want to rebalance and to establish such benchmarks in return for an increase in federal money?  How could CMS ever approve an State's proposal that did not establish such benchmarks?

Disability Advocates:

1.  Do you know if your State was one of the 21 that received a request for additional information?

2.  If it was, has your State Medicaid agency shown you the CMS letter?

3.  Are you meeting with your State to discuss these benchmarks and the rebalancing?

Steve Gold, The Disability Odyssey continues

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50 - 50 OR BUST! MONEY FOLLOWS THE PERSON
********************************************************
50 - 50 or Bust!  Money Follows the Person - Information Bulletin # 193A

A number of folks responded to the "Money Follows the Person "Rebalancing Benchmarks'" Information Bulletin that was issued a few days ago.  I suggested that "A true rebalancing benchmark would reduce those ratios [of Medicaid expenditures for the Aged/Disabled] so that each year, as one example, the percentages for institutional care would be reduced by 5% and the community-based services expenditures would be increased by 5%.  By the end of the five year grant, we would see a true 'rebalancing.' The same principle applies for MR/DD services."

People were quite upset with only a 5 % rebalancing per year.  I was reminded that at least five states (Oregon, Alaska, New Mexico, Washington, and California) were already at the 50% -50% institutional versus community Medicaid expenditures for "Aged/Disabled" long -term care services.

So we were challenged.  Why not 50% -50% in "Aged/Disabled" MA expenditures by 2010 for every state?

Outrageous?  The Human Services Transition Team for Massachusetts new Governor has proposed a 50/50 balance by 2010.  In FY 2005 (the last year for which we have data), Massachusetts spent 77% on institutional Aged/Disabled and 23% for community-based services.  Massachusetts' 2010 goal reflects a meaningful rebalancing.

Here are the States, starting with the most Unbalanced (again FY 2005). We provide the % going to institutional for Aged/Disabled.  (This data is from the CMS 64, Office of State Agency Financial Management, as collected and published by Medstat on July 7, 2006.)

These States have a VERY LONG WAY TO GO!  It's not too late.

Institutional for Aged/Disabled; % of total long term care expenditures:

Tennessee       98.9%, the most unbalanced.
Mississippi     96.7%
North Dakota      95.0%
Indiana     92.3%
Pennsylvania       90.5%
Utah            90.3%
South Dakota      89.7%
New Hamp.       89.5%
Rhode Is.       89.1%
Alabama     88.4%
Delaware        87.9%
Florida     87.9%
Georgia     87.6%
Louisiana       84.7%
Michigan        84.7%
Hawaii      82.7%
Maryland        82.6%
Kentucky        82.2%
S. Carolina     81.9%
Wash., DC       81.9%
Ohio            81.6%
Nebraska        80.6%
Wyoming     80.0%
Illinois        79.1%
Virginia        78.9%
New Jersey      78.8%
Iowa            78.7%
Conn.           78.5%
Mass            77.0%
Maine           76.9%
W. Virginia     76.7%
Oklahoma        76.2%
Colorado        75.0%
Arkansas        74.0%
Nevada      72.5%
Wisconsin       72.0%
Missouri        71.7%
Montana     71.3%

What are the Aged/Disabled advocates doing in these States to achieve a 50/50 balance?

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 or call 215-627-7100.

********************************************************
SETTING LIMITS - IMPORTANCE OF HOMEWORK - CONFUSED BY LAW?
********************************************************
Setting Limits - A Strategy You Can't Live Without
I'm a firm believer that success with learning and success with ensuring acceptable behaviors occur, begin with holding firm on high expectations and setting limits. Watch what great...read more

The Importance of Homework
All too often it's the child that doesn't need to complete the homework that does and the child who needs to complete it doesn't. Make homework 'meaningful' and the chance...read more

Confused by Special Education Law?
Wright's Law has written a book to help you understand Special Education Law which includes the most recent revisions in August 2006. You'll find the following information (and much more)...read more
(thax about.com)

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FCC SEEKS COMMENT ON GRANTS FOR REMOTE ALERT SYSTEMS
********************************************************
FCC Seeks Comment on Implementation of Grant Program for Remote Community Alert Systems

THE COMMISSION SEEKS COMMENT ON IMPLEMENTATION OF A GRANT  PROGRAM FOR REMOTE COMMUNITY ALERT SYSTEMS PURSUANT TO SECTION 605(A) OF THE WARNING, ALERT, AND RESPONSE NETWORK (WARN) ACT

PS Docket No.  07-8

Comment Date:  February 6, 2007
Reply Comment Date:  February 22, 2007

On October 13, 2006, President Bush signed the Security and Accountability For Every Port (SAFE Port) Act into law.   Title VI of the SAFE Port Act, the Warning, Alert, and Response Network (WARN) Act, establishes a process for commercial mobile service providers to voluntarily elect to transmit emergency alerts.   Section 605(a) of the WARN Act establishes a grant program for the installation of technologies in remote communities to enable residents of those communities to receive emergency alerts.  Specifically, Section 605(a) of the WARN Act provides:

     The Under Secretary of Commerce for Oceans and Atmosphere, in consultation with the Secretary of Homeland Security,
     shall establish a program under which grants may be made to provide for outdoor alerting technologies in remote
     communities effectively unserved by commercial mobile service (as determined by the Federal Communications Commission
     within 180 days after the date of enactment of this Act) for the purpose of enabling residents of those communities to
     receive emergency alerts.

By this Public Notice, the Commission asks how it should interpret "remote communities effectively unserved by commercial mobile service," as required under Section 605(a) of the WARN Act. 

     "Remote Communities."  In a Report and Order modifying certain regulations and policies to facilitate the deployment of wireless services in rural areas, the Commission, inter alia, determined to define "rural area" as: "those counties (or equivalent) with a population density of 100 persons per square mile or less, based upon the most recently available Census data."   In reaching this definition of "rural area," the Commission found that it was important that the definition be easy to administer and understand.   The Commission also sought to "ensure that our policies are appropriately tailored to promote service to consumers in rural areas,"  and stated that this definition serves as a "practical guideline" to "maintain continuity with respect to existing definitions of rural area that have been tailored to apply to specific policies" and "will apply for current or future Commission wireless radio service rules, policies and analyses for which the term has not been expressly defined."   We ask whether the Commission's definition of a "rural area" also would be appropriate for defining "remote communities" under the WARN Act.  Would this definition be of equal benefit for purposes of administering the grant program envisioned by Congress under Section 605(a)?  We also seek comment on other possible interpretations of "remote communities."

     "Commercial Mobile Service."  Section 602(b)(1)(A) of the WARN Act specifically defines "commercial mobile service" by cross-reference to the definition of "commercial mobile service" in Section 332(d)(1) of the Communications Act of 1934, as amended.   Section 20.3 of the Commission's rules defines "commercial mobile radio service" in a manner that is similar to the definition of "commercial mobile service."   Should we interpret the term "commercial mobile service" to have the same meaning as "commercial mobile radio service" for purposes of implementing Section 605(a) of the WARN Act?  We seek comment on this and other possible interpretations.

     "Effectively Unserved."  We believe the phrase "effectively unserved" modifies the phrase "remote communities," and that the intent of this language is to identify those remote communities that would not be able to receive emergency warning alerts from commercial mobile service providers who voluntarily elect to transmit emergency alerts.  We seek comment on possible interpretations of the phrase "effectively unserved."  Should effectively unserved mean that commercial mobile radio services are not available to any consumers at all in a "remote community," a significant portion of consumers, or some portion of consumers?  How should the unavailability of commercial mobile radio services be demonstrated?  Should a variety of means be used, such as coverage maps from service providers, technical analyses, field tests, or subscriber levels? 

Comment Filing Procedures.  Interested parties may file comments and reply comments on or before the dates indicated on the first page of this document.  Comments may be filed using: (1) the Commission's Electronic Comment Filing System (ECFS), (2) the Federal Government's eRulemaking Portal, or (3) by filing paper copies.  See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24,121 (1998).

     * Electronic Filers:  Comments may be filed electronically using the Internet by accessing the ECFS:  http://www.fcc.gov/cgb/ecfs/ or the Federal Rulemaking Portal:  http://www.regulations.gov.  Filers should follow the instructions provided on the website for submitting comments. 

      - For ECFS filers, if multiple dockets or rulemaking numbers appear in the caption of this proceeding, filers must transmit a copy of the comments in each of the dockets or rulemaking numbers referenced in the caption.  In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number.  Parties may also submit an electronic comment by Internet e-mail.  To get filing instructions, filers should send an e-mail to ecfs@fcc.gov, and include the following words in the body of the message, "get form."  A sample form and directions will be sent in response.

     * Paper Filers:  Parties who choose to file by paper must file an original and four copies of each filing.  If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. 
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail).  All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. 

          - The Commission's contractor will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002.  The filing hours at this location are 8:00 a.m. to 7:00 p.m.  All hand deliveries must be held together with rubber bands or fasteners.  Any envelopes must be disposed of before entering the building. 

          - Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. 

          - U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street, S.W., Washington, D.C. 20554.

     * People with Disabilities:  To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
Ex Parte.  We believe that it would be in the public interest to treat this proceeding as a permit-but-disclose proceeding in accordance with the Commission's ex parte rules.   Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed.  More than a one- or two-sentence description of the views and arguments presented is generally required.   Other rules pertaining to oral and written presentations are set forth in Section 1.1206(b) of the Commission's rules as well. 

     Availability of Documents.  Comments, reply comments, and ex parte submissions will be available for public inspection during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street, S.W., CY-A257, Washington, D.C. 20554.  These documents also will be available via ECFS in Acrobat PDF File Format. 

     Action by the Commission on January 22, 2007:  Chairman Martin, Commissioners Copps, Adelstein, Tate and McDowell.   

-FCC-

- - - - - - - - - -

Olegario D. Cantos VII, Esq.
Associate Director for Domestic Policy
The White House
Washington, DC   20502
(202) 456-7330 [Voice/Relay]
(202) 395-1160; (202) 395-1144 [TTY]
(202) 456-5557 [Fax]
ocantos@who.eop.gov [Email]

********************************************************
DEAR MARCI - YES, THERE IS "EXTRA HELP" FOR PART D EXPENSES
********************************************************
Dear Marci,

My father is struggling with the out-of-pocket expenses he has to pay with his Part D plan. After he retired last year, his monthly income significantly decreased. He still owns his home and a car though—could he still qualify for any help?

–Michaela (Eltingville, NY)

Dear Michaela,

Yes. He may qualify for Extra Help, a federal program that helps some people in need pay for some or most of the out-of-pocket costs of Medicare prescription drug coverage (Part D). This is because certain types of income and assets are not counted—like part of your father’s earned income and the value of his house and one car.

Out-of-pocket costs that Extra Help can help your father afford include the following:

*All or part of his drug plan’s monthly premium. Full Extra Help will pay 100 percent of the premium if his plan qualifies as basic coverage, and the premium is at or below the Extra Help premium amount for his state. To make sure your father’s plan qualifies as basic coverage, check with 800-MEDICARE.
*Most or all of any deductible (some basic plans already have $0 deductibles; deductibles cannot be more than $265).
*Costs per prescription like coinsurance and copayments. With Extra Help, your father will either have reduced coinsurance of 15 percent (partial Extra Help) or copayments of no more than $2.15 for generics and $5.35 for brand-name drugs (full Extra Help).
*And once his total drug costs reach $5,451.25 in 2007, his out-of-pocket costs will be even lower (he will get catastrophic coverage).

With Extra Help, your father will never have to pay the full cost of his drugs as long as he takes medications that are on his Medicare drug plan’s formulary (list of covered drugs), and he buys them at a pharmacy in his plan’s network.

If your father is single and his “countable monthly income” is below $1,276 (or $1,711 if he is married) and his eligible assets are below specified limits, he may be eligible. To find out if your father qualifies for either “full” or “partial” Extra Help and what he would pay under these different levels of assistance, check out the chart in Medicare Interactive.

–Marci
(thax 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 V7-#37  Wednesday, January 31, 2007 -- No Vote, No Voice!  
========================================================
As a follow-up to our last newsletter regarding PPL, a union and late pay for Virginia's Personal Care Attendants, DAC received the following letter in response. As is our policy we will post anyone's comments in this newsletter. Please read what PPL has to say.......

To All Consumers in the Virginia Consumer Directed Services Program:
I want to thank Keith Kessler for making space in his newsletter available to Public Partnerships, LLC (PPL) the Fiscal/Employer Agent for Virginia's Consumer Directed Services Program.

It has come to our attention from written reports and phone calls received from attendants, that they have received unsolicited visits from an organization that is recruiting statewide attendant membership.  We have heard that the organization has made vague promises of benefits for attendants and have requested a ten dollar membership fee. In several cases solicitors have said they received personal information about the attendant from PPL, or that PPL is part of their solicitation.  Some solicitors have even worn PPL nametags. We have received phone calls from attendants who have asked us to refund their ten dollar contribution, assuming that their money had gone to us.  It did not.

I was troubled to hear about this and want to assure you that PPL has never, and will never, share information about you or your attendants with anyone.  This organization never talked to us, nor did they ask if they could use our name. We do not support this solicitation and have made no request for attendants to contribute to it.  Please assure your staff that they are under no obligation to make any contribution to this organization.  If the solicitors continue to use PPL's name, or if your attendants have questions about our role, they can contact our customer service at 866-259-3009.

Lastly, I want to acknowledge that the transition of the financial management of the program from DMAS to PPL has been challenging. It is clear that the transition required more advance preparation and communication, in addition to the fifty-eight statewide enrollment sessions that took place over the summer.  We have hired additional staff, changed some of our processes and are working closely with the Department of Medical Assistance Services (DMAS) and the service facilitators to eliminate the dwindling number of problems.  I appreciate your patience and the participation of many active consumers and family members who provide us with feedback and advice.

PPL's sole business purpose is to support persons in their consumer-directed choices.  It is a privilege for us to provide the Commonwealth of Virginia and the consumers of this program the financial management services they need. We hope to help DMAS make this a model program.

Sincerely,

Marc H. Fenton
President
Public Partnerships, LLC

NOTE FROM KEITH:
I have no problem with organized union's and their function in helping workers anywhere in the country. I do have a problem when a union such as the SEIU poses as another entity that goes by "Virginia Association of Personal Care Attendants" promising our "low paid" PCA's higher wages and benefits which they are unable to deliver upon. This is not only deceitful but it's not a good way to do business. Yes, I would like to see our PCA's pool together and fight for livable wages and health benefits but don't allow yourselves to be duped with false promises. Higher pay and benefits come through acts of legislation only and not by joining a union promising the same. As always, buyer beware....... just my opinion....kk- 

NEXT - Wheelchair for sale
SOLARO Wheelchair; Now $899, Centreville, VA, Retail price $2795.00, Contact Suzanne Rose -  Picture can be provided per request.  Color green/black.  Contact zannrose@aol.com for more information.

Features: tilt angle indicator, telescoping front end, one axle plate accommodates all wheel sizes, adjustable-depth, angle adjustable back, up to 350 pound weight capacity.

NEXT
Federal Budget Advocacy Made Simple Online Training
Last Chance to Participate - Feb 1

On February 1st the Coalition on Human Needs will offer its last scheduled federal budget training. Don't miss the opportunity to learn about the federal budget process, what's at stake for human needs in the coming year's budget decisions, and what we can do to make improvements to the programs we care about. We promise it will be fun and instructive. Participants from the January 24 training said it was 'Wonderful' and 'Informative.'

Register TODAY! Remember, the President's budget will be out on February 5. Will you be ready?

Training Details:
Thursday, February 1
12:30 p.m. to 2:00 p.m. EST

Sign-up at: http://www.democracyinaction.org/dia/organizationsORG/chn/event/index.jsp?event_KEY=20374

NEXT
Advocates Speak Out and Call for Investigations over “Ashley Treatment”
by Dave Reynolds, Inclusion Daily Express
January 12, 2007
www.inclusiondaily.com/archives/07/01/12/011207waashleyx.htm

Parents Push “Ashley Treatment” on Website; Disability Advocates Respond to Girl’s Stunted Growth
by Dave Reynolds, Inclusion Daily Express
January 5, 2007
www.inclusiondaily.com/archives/07/01/05/010507waashley.htm

NEXT
Army opens high tech rehab center for injured troops
The Army opened a $50 million high-tech rehabilitation center Monday that is designed to serve the growing number of soldiers who return from war as amputees or with severe burns.
http://www.cnn.com/2007/US/01/30/military.rehab.ap/index.html

Psychiatric System Crunch Worsens
Waits for Beds Increasingly Exceed Md.'s Legal Maximum
By Ernesto Londoño
Washington Post Staff Writer
Monday, January 29, 2007; Page B01
http://www.washingtonpost.com/wp-dyn/content/article/2007/01/28/AR2007012801352.html

From a reader comes this GREAT WEB SITE
I came across this web site while looking for some things for my little niece.  It is great.  All of the devices here have been hand made and instructions are included so you could get someone to make any one of them you wanted.                                                                                                                                      
Hugggggggggs and Smooooooochies  <-----Keith loves those hugs & smoochies:)
WORKSHOP SOLUTIONS
http://www.workshopsolutions.com/

Gene Variant Linked to Schizophrenia
http://www.nimh.nih.gov/press/childhood-schiz-onset-NGR-1.cfm

U.S.-born Children of Immigrants May Have Higher Risk for Mental Disorders Than Parents
http://www.nimh.nih.gov/press/immigrant_mentalhealth.cfm

Different Families, Different Characteristics -- Different Kinds of Bipolar Disorder?
http://www.nimh.nih.gov/press/bp-familiality.cfm

History of Childhood Abuse or Neglect Increases Risk of Major Depression http://www.nimh.nih.gov/press/abuse-depression.cfm

[WRIGHTSLAW] [Special Ed Advocate] Preventing Reading Failure; Answering Questions about Response to Intervention (01/30/07)
Download the printer-friendly version of this issue:
http://www.wrightslaw.com/nltr/07/nl.0130.htm

AND from VA Kids
TAKE ACTION:  Write your Senator and Delegate today and ask them to support the Governor’s budget amendment to create 6 voluntary pre-K pilot projects.  A sample letter is available on our web site.  If you have trouble with the link, please visit www.vakids.org and click on “Legislative Action Center.”

NEXT, RE: COMMISSION ON PRESIDENTIAL DEBATES
Dear Open Debates supporters:
A movie is coming out that highlights the anti-democratic nature of the Commission on Presidential Debates (CPD).  “An Unreasonable Man” is an award-winning, nuanced documentary about Ralph Nader that is being released in major cities across the country.  Co-directed by Steve Skrovan, the executive producer of Everybody Loves Raymond, “An Unreasonable Man” features a lengthy segment on the exclusion of Nader and other candidates from the 2000 presidential debates, despite the fact that a majority of Americans supported their inclusion.  Featuring unseen footage, the sequence reveals how the major parties seized control of the debates from the League of Women Voters; how corporations finance the deceptive CPD; and how the CPD physically excluded third-party candidates like Nader, Pat Buchanan and Harry Browne from even entering the debate premises in 2000.  Director Skrovan told me that the debate segment in the film spurred outrage among audiences at the Sundance Film Festival. 

You can learn more about the film at the following website: http://www.anunreasonableman.com/

Best,

George Farah
Executive Director
Open Debates
www.OpenDebates.org

AND - HISTORY OF DISABILITIES
History of Disabilities called "Parallels in Time" and "Parallels in Time, Part II."  When you have a chance, it is well worth the viewing!
http://www.mncdd.org/index.html

FINALLY
Since we all tend to get a little too emotional in our fights, battles or causes I thought this 1st story poem was worth the read and a time to lighten up and think. The story about how this poem came to be may or may not be true but the meaning behind the poem remains the same. Remember we all are getting older and hopefully you'll take something away from "Crabby Old Man"......enjoy:)


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

Keith-

========================================================
1. CRABBY OLD MAN
2. STATES NOW HAVE FLEXIBILITY FOR PERSONAL CARE PROGRAMS
3. DEAR MARCI - SHOULD I DROP PART B?
4. CONFUSED BY SpEd LAW? - PARAPROFESSIONALS - DEFIANT DISORDER
5. NEED FAMILY PIONEERS
========================================================
********************************************************
CRABBY OLD MAN
********************************************************  
Crabby Old Man

When an old man died in the geriatric ward of a small hospital near Tampa, Florida, it was believed that he had nothing left of any value.

Later, when the nurses were going through his meager possessions, they found this poem. Its quality and content so impressed the staff that copies were made and distributed to every nurse in the hospital.

One nurse took her copy to Missouri. The old man's sole bequest to posterity has since appeared in the Christmas edition of the News Magazine of the St. Louis Association for Mental Health. A slide presentation has also been made based on his simple, but eloquent, poem.

And this little old man, with nothing left to give  to the world, is now the author of this "anonymous" poem winging across the Internet

Crabby Old Man

What do you see nurses? .....What do you see?
What are you thinking......when you're looking at me?
A crabby old man ..........not very wise,
Uncertain of habit ........with faraway eyes?

Who dribbles his food.......and makes no reply.
When you say in a loud voice....."I do wish you'd try!"
Who seems not to notice .....the things that you do.
And forever is losing ..... a sock or shoe?

Who, resisting or not...........lets you do as you will,
With bathing and feeding ....... the long day to fill?
Is that what you're thinking? ... Is that what you see?
Then open your eyes, nurse......you're not looking at me.

I'll tell you who I am ....... as I sit here so still,
As I do at your bidding, ...as I eat at your will.
I'm a small child of Ten......with a father and mother,
Brothers and sisters .......who love one another

A young boy of Sixteen .....with wings on his feet
Dreaming that soon now. ..........a lover he'll meet.
A groom soon at Twenty ......my heart gives a leap.
Remembering, the vows........that I promised to keep.

At Twenty-Five, now .......... I have young of my own.
Who need me to guide ..... and a secure happy home.
A man of Thirty ............. my young now grown fast,
Bound to each other ......... with ties that should last.

At Forty, my young sons ........have grown and are gone,
But my woman's beside me........to see I don't mourn.
At Fifty, once more, .......... babies play 'round my knee,
Again, we know children ......... my loved one and me.

Dark days are upon me .......... my wife is now dead.
I look at the future .......... I shudder with dread.
For my young are all rearing ....young of their own.
And I think of the years...... and the love that I've known.

I'm now an old man.........and nature is cruel.
Tis jest to make old age .......look like a fool.
The body, it crumbles..........grace and vigor, depart.
There is now a stone........where I once had a heart.
But inside this old carcass ...... a young guy still dwells,
And now and again ........my battered heart swells.
I remember the joys.............. I remember the pain.
And I'm loving and living.............life over again.

I think of the years .....all too few......gone too fast.
And accept the stark fact........that nothing can last.
So open your eyes, people .......open and see.
Not a crabby old man. Look closer....see........ME!!

Remember this poem when you next meet an older person who you might brush aside without looking at the young soul within.....we will all, one day, be there, too!
(a reader:)

********************************************************
STATES NOW HAVE FLEXIBILITY FOR PERSONAL CARE PROGRAMS
********************************************************
States Now Have More Flexibility to Adopt Personal Care Programs Without Waivers

Medicaid

States will now be able to more easily provide Medicaid beneficiaries in need of personal care services with a new "self-directed" personal assistance service option, a private group said Jan. 29.

Prior to Jan. 1, any state interested in introducing a so-called Cash & Counseling option was required to obtain a Section 1115 or 1915c waiver from the Centers for Medicare & Medicaid Services, according to an announcement from the Cash & Counseling National Program Office at the Boston College Graduate School of Social Work. However, Section 6087 of the Deficit Reduction Act of 2005, which took effect Jan. 1, now allows states to offer a Cash & Counseling option within their regular Medicaid states plans without first obtaining a waiver.

Known as "Cash & Counseling," the program gives beneficiaries eligible for personal care services--frail elderly people and those with disabilities--the option to manage a flexible budget and decide for themselves what mix of goods and services will best meet their care needs. Cash & Counseling was created to help address the serious barriers these individuals can meet when seeking personal assistance through the traditional route, state-contracted home care agencies.

Typically, services chosen involve help at home with daily activities such as bathing, dressing, grooming, and meal preparation. Cash & Counseling participants may use their budget to hire their own personal care aides, including family members and friends, as well as buy items or make home modifications that help them live independently.

The Cash & Counseling program is jointly funded by the Robert Wood Johnson Foundation and the Department of Health and Human Services.

"The new law will make it possible for Cash & Counseling to become an option in more states--giving thousands more elderly adults and people with disabilities choice and control over their Medicaid personal assistance services," said Kevin J. Mahoney, director of the Cash & Counseling National Program Office at Boston College.

Mahoney added that the federal waiver process is long, cumbersome, and difficult for states, and the new option will address many of the issues that currently hinder states that want to offer the self-directed option.

Evaluation

An independent evaluation from Mathematica Policy Research Inc. found that Cash & Counseling programs improve the delivery of personal care services, boost beneficiaries' quality of life, reduce unmet needs for care, and help disabled consumers maintain health without costing more than traditional services, a release from the Boston-based Cash & Counseling organization.

According to Mathematica, participants in the three states that implemented the first Cash & Counseling programs, Arkansas, Florida, and New Jersey, were satisfied with the program and a large majority said it significantly improved the quality of their lives. At the same time, the Cash & Counseling participants had fewer unmet care needs and were able to better maintain their health, compared to participants in a control group. The programs also significantly improved the lives of their primary caregivers, Mathematica said. Fraud and abuse concerns with the program proved unfounded, researchers said.

The three states also found that Cash & Counseling did not cost substantially more than traditional personal care services provided by state-contracted home health agencies. However, overall costs to Medicaid were somewhat higher for Cash & Counseling participants because the home health agencies failed to deliver approved care to beneficiaries in the control group, Mathematica said.

The release said that based on the results, 12 more states are now implementing Cash & Counseling programs: Alabama, Illinois, Iowa, Kentucky, Michigan, Minnesota, New Mexico, Pennsylvania, Rhode Island, Vermont, Washington, and West Virginia.

More information on Cash & Counseling programs is at http://www.cashandcounseling.org.

Source: BNA
(thax jfa)

********************************************************
DEAR MARCI - SHOULD I DROP PART B?
********************************************************
Dear Marci,

I decided to join an HMO last month but I wasn’t sure how, so I called Medicare with a couple questions. The Medicare representative explained that by joining an HMO (which she called “Part C”), I would no longer need Part B. So I dropped Part B and filled out the paperwork to join the HMO. Now the HMO is saying I am ineligible to join the plan because I don’t have Part B! Can you explain?

–James (Dallas, TX)

Dear James,

Part C refers to private health plans, sometimes called Medicare Advantage plans, that contract with Medicare and offer an alternative to Original Medicare. These are managed care plans, such as Health Maintenance Organizations (HMOs), Preferred Provider Organizations (PPOs) or Private Fee-for-Service (PFFS) plans.

Contrary to what the representative at Medicare told you, you should not have dropped Part B. In fact, in order to join a Medicare private plan you must be enrolled in Parts A and B. To enroll in a Medicare HMO or any Medicare private plan, you must

have both Medicare Parts A and B, which also means you must continue to pay your Part B monthly premium, in addition to any added premium that your plan charges. (Some private plans offer $0 premium plans; in most cases you will have to continue paying the Part B premium.) live within the health plan's service area; and not have End-Stage Renal Disease (ESRD). (If you have ESRD, you can only join a "Special Needs Plan" that specifically accepts people with ESRD, if there is one in your area.)

To resolve your case of mistaken disenrollment from Part B, you should make an appointment at your local Social Security office to sit down with a representative. Bring with you a letter that explains that you dropped Part B because you received misinformation from a Medicare representative and would like to request retroactive enrollment in Part B. If you can, include the name of the representative and the date and time that you spoke with him. You should also bring a copy of your HMO enrollment application as proof of your intention to join a private plan.

Social Security should reinstate your Part B coverage as of the date when you were disenrolled. Since this ensures that you have had continuous coverage, you will need to pay the Part B premiums incurred. If you still want to join the HMO, call your local State Health Insurance Assistance Program (SHIP) to find out when you can enroll. You can get the number for your SHIP by calling 800-MEDICARE.

–Marci
(thax medicarerights)

********************************************************
CONFUSED BY SpEd LAW? - PARAPROFESSIONALS - DEFIANT DISORDER
********************************************************
Confused by Special Education Law?
Wright's Law has written a book to help you understand Special Education Law which includes the most recent revisions in August 2006. You'll find the following information (and much more)...read more

National Resource Center for Paraprofessionals
Are you an special education paraeducator? Here's a site you'll want to bookmark and invest some time in :The National Resource Center for Paraprofessionals The site provides you with...read more

Oppositional Defiant Disorder: Be Firm, Be Consistent
If you are working with a student with Oppositional Defiant Disorder (ODD), your need for patience will be extremely beneficial. A student with ADD and ODD? My hat goes...read more
(thax about.com)

********************************************************
NEED FAMILY PIONEERS
********************************************************
Dear UCEDD Leaders,

At the Beach Center on Disability (www.beachcenter.org) we are getting an increasing number of requests from families from around the country who have sons and daughters with significant intellectual disabilities who are transitioning from high school or who are young adults.  These families very much want to create innovative supports that will enable their son or daughter who needs extensive and even pervasive support to access funding that will enable him or her to have their own home, have a real job, have friends, and have preferred places to hang out in the community.  I am sure that this request is very familiar to you and the DD Council network.

We are in the process of developing a Community of Practice that will involve finding “pioneer families” who have “beat the odds” in setting up the supports for their son or daughter to have a joyful, inclusive, and productive life.  As a first step, we want to find the pioneer families, hear their stories, learn what has worked, and organize information on a website that will be readily available to families coming along behind them.

We very much need help from the UCEDD network in locating the pioneer families.  We are hoping that you might put us in touch with families who meet the following criteria:

· Has a son or daughter with a significant intellectual disability who is over the age of 18.

·The son or daughter, along with support from the family, has control over at least a portion of his or her Medicaid budget and is able to decide whom to employ and how much to pay each employee.

· Has found creative solutions to the complexities of community living associated with having a home, job, friends, places to hang out, and/or transportation.  The person does not have to have all of these things in place but must have at least some component of their life that has worked especially well and from which other people can derive a vision and some “nuts and bolts” for learning how to do it.

If you know of any families who meet this description, we are hoping very much that you will do two things.  First, would you help us by contacting the family and asking if you can share their name and contact information with us?  If the family agrees, would you email that information back to me?  It would be helpful if you could provide several sentences describing why you think that they have a particularly helpful story to share.

Another option is that you could ask families who may be interested in being part of this network to contact us themselves.

Our goal is to arrange a convenient time to have a telephone conversation and perhaps email exchanges with the family.  We will communicate with them in whatever way would be most convenient for them. 

We welcome your ideas of how we might do the best job in organizing information that will be helpful to families in your state. 

Thank you so very much for being the “eyes and ears” for us in putting us in touch with pioneer families.

We at the Beach Center are exceeding grateful to you for considering this request and hope very much to hear from you with the names of one or more families.

If you have any questions, please feel free to contact me by email (turnbull@ku.edu) or phone (785-864-7608).

Cordially,

Ann Turnbull
(thax d.m.)

===============================
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 V7-#36  Thursday, January 25, 2007 -- No Vote, No Voice!  
========================================================
Lots of activity so lets get going. A group of advocates and myself met with PPL / DMAS on Tuesday, 23rd, for a followup to our first meeting regarding payroll issues for PA's in Virginia. Many of the issues brought up during our first meeting were/are in the process of being resolved. It should be noted that paychecks will come a little later after the ending pay week because checks are cut and mailed on Friday's out of state so your Saturday expectations should be moved to the following Tuesday or Wednesday barring no holidays. PPL is looking into having checks mailed from Virginia if possible to avoid the added delay but don't expect this to happen soon. Those experiencing late or no pay checks should check for current addresses on your PA's information, send in the new background check forms regardless if you did so with DMAS, and make sure employee kits are accurate and your timesheets are filled out correctly to help avoid delays. PPL is gearing up on pay cycles to help alleviate pended time sheets or overlapping hours wrongly filled in on timesheets. The problems are slowly getting ironed out so if you do your job with paperwork properly then pay should not become an issue in the future. Hang in there folks.

NOTE: There's a union group called the "Virginia Association of Personal Care Attendants" going around to Personal Care Attendants telling them if they join their union for a certain dollar amount per month that they will help get higher wages and benefits. Well, the SEIU who is behind this got your PA's addresses by using the FOIA (Freedom of Information Act) and DMAS had to give them non medical information. (I'll have more information in my next letter on this subject)

Let me tell you now that "NO" union can guarantee you those promises in Virginia as any pay raises or health benefits can only happen through our legislative process. This is a "right to work state" and unions are basically unable to deliver on promises to PA's. Save your money because you have many great advocates seeking the same things for you and you're certainly welcome to join them. If you need information on how, just write to me.......kk- 

NEXT
National Council on Disability Invites San Diego Disability Community to Participate in Quarterly Meeting
WASHINGTON—The National Council on Disability (NCD) today invited the San Diego disability community to participate in its next quarterly meeting from 9:00 a.m. until 5:00 p.m., January 29–31, 2007, at the Town and Country Resort and Convention Center, 500 Hotel Circle North, San Diego, California.

According to NCD chairperson John R. Vaughn, “It is vital that NCD hears from disability communities around the country on what works and what does not for people with disabilities. We are delighted to have the opportunity to visit San Diego and learn first hand about the experiences of people with disabilities from Southern California. The entire 15 member NCD board will be present, including its California members Marco Rodriguez from Sacramento and Kathy Martinez from Oakland.”

UPDATE
Dear Friends and Colleagues: Below is an updated agenda for the National Council on Disability San Diego quarterly meeting. Please note that we a wonderful program that includes some excellent speakers, such as:

Olegario D. Cantos VII, Esq.
Associate Director for Domestic Policy
The White House

Dinah Cohen                                                       
Director
U.S. Department of Defense
Computer/Electronic Accommodations Program

Tammy Duckworth                                   
Director
Illinois Department of Veterans Affairs

In addition, I am also including a toll-free number (888-322-3989, passcode MQUIGLEY) for people with disabilities who cannot attend the meeting but would like to take advantage of the three Public Comment Sessions. Each person who would like to address NCD, whether on the phone or at the meeting, will have two minutes to present very brief comments. We will adhere to a strict time limit to give everyone a chance to address NCD during the Pubic Comment Sessions on Monday beginning at approximately 9:15 a.m. and Tuesday and Wednesday at 9:00 a.m. People with disabilities may submit longer written comments to me if they are not able to adequately communicate their concerns in two minutes.

We look forward to our meeting in San Diego at the Town and Country Resort and Conference Center, located at 500 Hotel Circle North, San Diego.

Thank you.
NATIONAL COUNCIL ON DISABILITY

NEXT -- ADRF
Here is a link to Autoimmune Disease Research Foundation that gives a lot of good information, its position being that there is one underlying cause to autoimmune diseases that expresses itself in many syndromes, but should be considered one disease. It stresses that research should be on a cure instead of just treating the symptoms, as if symptoms are treated, it will just come back as another disease.
http://www.cureautoimmunity.org

$MONEY FOR YOU$
A SPECIAL ONE TIME TAX CREDIT ON YOUR 2006 TAX RETURN http://money.CNN.Com/2006/05/25/news/telephonetax_refund/index.htm
If you have a phone you get a credit/refund:)

HEY LQQK
GOVERNOR KAINE LAUNCHES “VIRGINIA PERFORMS” WEB SITE TO ALLOW CITIZENS TO MONITOR STATE GOVERNMENT PERFORMANCE
For more information on the www.VAperforms.virginia.gov site, please contact Nancy Roberts at the Council on Virginia’s Future at (804) 371-2346, or via email at COVF@virginia.edu

AND
Cash Prizes to be Awarded to Undergrads Designing Assistive Technology
First prize $5,000, Second prize $2400, and a Third prize $1200, will go to undergraduate students who successfully create a prototype of a new assistive technology/tool that enables people with cognitive disabilities to accomplish activities of daily living more effectively and independently. Letter of intent is due Thursday Feb. 1, 2007 and prototype is due Friday, June 1, 2007.

For submission instructions and more information follow the link to the Student Research Competition at http://www.rerc-act.org. Funded by the National Institute of Disability and Rehabilitation Research.

Source: Rehabilitation Engineering Research Center for the Advancement of Cognitive Technologies (RERC-ACT)

GREAT NEWSLETTER RE: KIDS -- http://www.bridges4kids.org/
Bridges4Kids NewsDigest: January 20, 2007
Advocate's Guide to Working w/Legislators
While produced by the National Center for Learning Disabilities and written with the LD community in mind, there are many valuable parts of the guide that would be useful to any parent or advocate. You can access the guide online for free at http://bridges4kidsnewsdigest.c.topica.com/maafAQwabv3ifbboDaTbafpLKt/ or you can download it in PDF at http://bridges4kidsnewsdigest.c.topica.com/maafAQwabv3igbboDaTbafpLKt

AND
Paralympic Summit Held For Wounded Vets
http://apnews.myway.com/article/20070121/D8MPISOG0.html

Will: The Attack On Kids With Downs Syndrome
http://www.msnbc.msn.com/id/16720750/site/newsweek/

Stigma of Mental Illness Explored
www.berkeley.edu/news/media/releases/2007/01/16_stigma.shtml

No Room At the Inn
Dear JFA Readers,
The following Op-Ed appeared in the Washington Post on Christmas Day, however its information and message are far too important to fail to pass along, however late.
Source: Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/
2006/12/24/AR2006122400495.html
(thax jfa)

AND
HB3201 "Removal of Students from Classes"
HB3201 "Removal of Students from Classes" is in the Virginia House of Delegates and needs your support.  The purpose of this bill is to require schools to notify parents if their children are removed from classes for anything other than instruction.  This bill will help promote school to parent communication on discipline issues. 

If you feel parent's should know that their child was pulled out of their classes or if your child has ever been put into seclusion or isolation or otherwise disciplined without your knowledge support this bill!  Cut and paste the link below into your browser, find your Delegate on the list and email them, voice your support.  Also send an email to Delegate Cox, Chief Patron, in support of this effort.   http://leg1.state.va.us/071/mbr/MBR.HTM

FINALLY
New legislation website, much easier to use than LIS, set up by Waldo Jacquith--and it's fun!:)
http://www.richmondsunlight.com/


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

Keith-

========================================================
1. WHITE HOUSE INTERNSHIP PROGRAM
2. FEAR FACTOR
3. ANGELMAN SYNDROME
4. DEAR MARCI - CAN I CHANGE HEALTH PLANS?
5. "TWISTED" ON PBS 
========================================================
********************************************************
WHITE HOUSE INTERNSHIP PROGRAM
********************************************************  
TO:
Keith Kessler
Founder
Disabled Action Committee

FR:
Olegario D. Cantos VII, Esq.
Associate Director for Domestic Policy
The White House

- - - - - - - - - -

Please distribute the following information far and wide, because we at the White House are always looking for energetic and highly-qualified folks to work here with us.  Questions may be directed to Karen Race whose contact information is also provided below.

Thanks.

--Ollie

==========

THE WHITE HOUSE INTERNSHIP PROGRAM

The White House Internship Program offers an excellent opportunity to serve our President and explore public service.  We are seeking exceptional candidates to apply for this highly competitive program.  In addition to typical office duties, interns attend weekly lectures, tours, and complete an intern service project.

Interns may serve a term in the Fall, Spring or Summer.  Every candidate must be a United States citizen, enrolled in a college or university, and at least 18 years of age.

An application and additional information about the program can be found at:

     http://www.whitehouse.gov/government/wh-intern.html.

Strong applications exhibit:

     * Sound academic credentials
     * A history of community involvement and leadership
     * Solid verbal/written communication skills
     * A demonstrated interest in public service

Applications should be submitted to Karen Race, Deputy Director and Intern Coordinator, White House Personnel, at intern_application@whitehouse.gov on or before the following deadlines:

  * March 6, 2007 for SUMMER 2007 -- (May 22 to August 24, 2007)
  * June 26, 2007 for FALL 2007 -- (September 4 to December 14, 2007)

If you have questions you may contact Karen Race at (202) 456-5979 [Voice/Relay] or at intern_application@whitehouse.gov.

We look forward to hearing from you.

********************************************************
FEAR FACTOR
********************************************************
Fear Factor

January 25, 2007 • Volume 7, Issue 4

In the ongoing Congressional fight to get Medicare to negotiate lower drug prices, opponents of the legislation invoke the specter of bureaucrats snatching vital medicines from the cabinets of frail older adults. Boosters of the privatized Part D benefit, inevitably recipients of large campaign contributions from the drug manufacturers, play on our fears by playing loose with the facts.

Take, for example, Senator Charles Grassley, Republican of Iowa, the top Republican on the Senate Finance Committee, which oversees Medicare. U.S. citizens, including people with Medicare, typically pay double the drug prices paid by Canadians, Australians, and Germans—in short, citizens of any country that offers national health insurance. Where others might see models worth learning from, Senator Grassley sees fear.

“In Australia, as a matter of government policy, a woman has to break a bone before she can get medicines to treat osteoporosis,” Senator Grassley declared at a Finance Committee hearing January 11.

Despite the effort to peddle fear, the example cited by Senator Grassley in fact illustrates the benefits of having the government administer drug coverage on the basis of medical science and the dangers of basing drug coverage on profit targets and misleading marketing campaigns.

Senator Grassley’s story twists the facts about how Australia’s national drug benefit covers drugs to treat osteoporosis, a thinning of the bones that can lead to fractures. These drugs include the blockbuster drug Fosamax, which is heavily promoted by its manufacturer Merck. Australia subsidizes the medicines for patients who are at high absolute risk of fracture—people who have had a previous minimal-trauma fracture and those over 70 with significant bone loss.

The decision to limit the subsidy to patients at the highest absolute risk of fracture is based on the evidence of clinical and cost effectiveness of these medications. The limitation reflects a decision that the risk of exposure to the adverse effects from the drugs outweighs the possibility of preventing fractures in patients at low risk.

The situation in the United States is quite different. Merck aggressively promotes Fosamax on television and in newspapers and magazines (direct-to-consumer advertising is prohibited in Australia), and the drug earns the company billions. In fact, Merck has been chastised at least four times by the Food and Drug Administration for its misleading direct mail, internet and television advertisements. The FDA cited the company for downplaying or failing to mention serious side effects, for overstating the efficacy of the drug and for implying that all post-menopausal women have osteoporosis and therefore would benefit from the drug.

Most Part D drug plans will cover Fosamax whether you have a significant likelihood of benefiting from it or not. In Des Moines, Iowa, the price to the consumer from a Part D plan is at least $76.50 for a month’s supply. The Part D plan may receive a “rebate” from the manufacturer for promoting the drug over its competitors, but we will never know: those deals are secret.

In Australia, an individual who meets the clinical criteria for subsidized Fosamax pays a maximum of $25. Those who don’t meet the criteria for subsidy may still access the drug on private prescription for around $40, still far less than the U.S. price.

That is a big price difference to a person with Medicare living on a fixed income. There is a bigger difference between a health care system that uses the government’s negotiating power and medical evidence to deliver health care to everyone and a system built on deceptive marketing, secret deals and a government under the thumb of the pharmaceutical industry.
(thax medicarerights)

********************************************************
ANGELMAN SYNDROME
********************************************************
Hi, My name is Chris Glavin. I run a website devoted to providing resourceful information for a number of topics in education and disorders. I have created a section for Angelman Syndrome including history, Pathopysiology, features, diagnosis, treatment,prognosis, books, videos, organizations, support services & mailing lists for the Neurological Disorder. Please take a moment out of your day to visit the page if you can. If you would like to help in any way please do not hesitate to contact me. I am always looking for individuals interested in providing articles and resources for Angelman Syndrome. http://www.k12academics.com/angelman_syndrome.htm

Thanks!
Chris Glavin
K12academics.com

********************************************************
DEAR MARCI - CAN I CHANGE HEALTH PLANS?
********************************************************
Dear Marci,

Last May I to join an HMO to get the added vision and dental benefits that the HMO offered, but the salesperson did not tell me that it would affect which doctors I could see. A few months later, I went to see my cardiologist and then the plan said it would not pay for the visit. According to the plan, I have to get a referral from my primary care doctor before I can see my cardiologist—even though I made the appointment before I ever joined the HMO. Am I stuck in this plan, or can I switch back to Original Medicare?

–Mildred (Carmel, NY)

Dear Mildred,

Anyone can switch his or her health plan once—from a private plan to Original Medicare, from Original Medicare to a private plan or from one private plan to another—during the Open Enrollment Period that runs from January through March. But doing so will not resolve the denials you received—to do that, you need to request retroactive disenrollment.

You have the right to request retroactive disenrollment if you enrolled in a Medicare private health plan without understanding how the plan works and therefore received a denial because you did not follow the plan rules (or you were misled by plan representatives into joining). Retroactive disenrollment means that you will be disenrolled from your HMO (or any private plan) and re-enrolled in Original Medicare as of the date your HMO coverage began.

To request retroactive disenrollment, you need to write a letter to Medicare (at your CMS Regional Office) explaining why you should be disenrolled from your plan and indicating the date your retroactive coverage should take effect. Be sure to clarify that you did not understand that joining an HMO means you would have to see your primary care physician for a referral and that because you unknowingly failed to do so, you received a denial.

Enclose the denial for your cardiologist visit and any other documents supporting your request, such as marketing materials from the plan that failed to explain the plan’s restrictions.

You should file your request as soon as possible because Medicare will be less likely to grant it if you have correctly used the plan at any point. Don’t forget to keep a copy of your request for your files!

Once your retroactive disenrollment has been confirmed, be sure to ask your cardiologist and any other provider whom you saw since you enrolled in the HMO to refile their claims with Original Medicare.

Note: When deciding how to change plans (by using your OEP to switch plans or by requesting a retroactive disenrollment), you should know that you generally can NOT get retroactive coverage for prescription drug costs. This means that you will have to pick up the costs of any medications that your HMO covered. However, you can join a stand-alone drug plan for drug costs going forward.

To decide what is right for you—retroactive disenrollment or switching plans—compare how much you will have to pay out-of-pocket for your medical bills if you just change to a different plan (for example, how much you will still owe the cardiologist), to how much you would have to pay your current plan back for the drugs you have gotten since you enrolled. If the drug costs are higher than the cardiologist’s bill, then you should probably just switch plans.

–Marci
(thax medicarerights)

********************************************************
"TWISTED" ON PBS 
********************************************************
Hey Keith,
I thought you might want to include this in your next newsletter. 

PBS - Independent Lens - is running a 1 hour documentary entitled "Twisted". Here's the info I copied from their website.  TWISTED tells the stories of people who live with dystonia, a neurological disorder that forces muscles to twist into abnormal, often painful, movements or postures. Pat Brogan, a basketball coach and triathlete who developed dystonia after a bike accident; Shari Tritt, whose dystonia affects her whole body, and Remy Campbell, an artist who gambled on a radical form of brain surgery-and won. Together, these individuals try to answer the question, when you are trapped inside your body, what will set you free?

It's scheduled for Tues, Jan 30 @ 10 PM on WVPT (Harrisonburg area).  I would suggest that folks check their local PBS listings or the documentary's website. http://www.pbs.org/independentlens/twisted/index.html

FYI - I'm particularly interested in this because I have focal dystonia in my right hand/wrist.  In my case, I have dealt - for the last 6 years or so - with severe writer's cramp.  I had no idea what it was, spent countless $$$ on doctors who had no idea what it was either.  Until one very frustrating day I Googled "handwriter's cramp" & found several medical articles describing my symptoms.  I kid you not!  I diagnosed myself.  I am now being seen at the UVA Neurology Outpatient Clinic where I receive Botox injections every quarter in specific muscles to relieve my symptoms.  Botox paralyzes the muscle which wants to contract (cramp), but cannot.  Botox wears off after about 3 months.  I may not be able to do everything like I did before, but at least I'm not twisted, cramped, or in severe pain.
(thax s.s.)

===============================
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 V7-#35  Wednesday, January 17, 2007 -- No Vote, No Voice!  
========================================================
There's much activity in Richmond these days as Virginia's General Assembly is in its 7th day of their 45 day short session. Thousands of pieces of legislation will be gone over to be passed, killed or stalled in committee for another year. Remember you can call your legislators toll free at 800-889-0229 to leave voice messages of how you feel about your favorite bills. Let your voices be heard and call everyday if you want. This is your time to be heard.

Also, VOPA (Virginia Office of Protection and Advocacy) is doing a regular legislative watch on their web page. With the General Assembly going on until the end of February they welcome feedback from the community about the bills you think they should be following. The watch is on their home page at www.vopa.virginia.gov so let them know what concerns or interests you have. Thax:) 

NEXT
Sleep Apnea
Memory Improves After Sleep Apnea Therapy
http://www.chestnet.org/about/press/releases/2006/121106.php
American College of Chest Physicians

Drug helpful against diabetes eye condition
http://today.reuters.com/news/articlenews.aspx?type=healthNews&storyid=2007-01-03T221829Z_01_N03435286_RTRUKOC_0_US-HEALTH-LUCENTIS.xml&src=rss&rpc=22

NEXT
3 Excellent Events during March
Keith-
I facilitate the Northern Virginia Epilepsy Support Groups.  Below are the 2007 Support Group Meetings and March events.  I would greatly appreciate it of your posting this information on your website & next news letter.

Warmest regards,
Dana Douglas
Living Well with Epilepsy
(703) 425-6660

The Epilepsy Foundation of the Chesapeake Region sponsors Support Groups & Classes for Adults diagnosed with Seizure Disorders & Caregivers. Free of charge.  For additional information, please call Dana at (703) 425-6669 or email: danadouglas@cox.net (due to the amount of dates/info we were unable to post them so please contact Dana above for more info......kk)

UNIVERSAL DESIGN HOUSE
Universal Design Hits Home:
New Directions Universal Design Demonstration House
10616 Poagues Battery Dr.
New Bristow, VA

Presented by: Greater Prince William Coalition for Housing and Universal Design, Centex Homes and Devereaux Architects

Free public tours December 2, 2006 — early Spring 2007 10:00 am - 5:30 pm Tuesdays, Thursdays, Saturdays and Sundays Closed on holiday weekends. Group tours by reservation. For reservations and more information, please CALL (703) 792-6400 or visit www.pwcgov.org/ud

Visit the Prince William Universal Design Demonstration House! This house has been created to showcase Universal Design concepts to the design and construction community and to potential homeowners. These concepts promote convenience, safety and comfort to increase usability for everyone!

Homes with Universal Design features enhance the lifestyles of active families, adapt easily to the residents' changing needs over time, satisfy a growing desire among older adults to retire at home and “age in place” and are more desirable in the resale market. Learn how these concepts can be seamlessly and affordably integrated into any home design. Think smarter about designing a home for beautiful and comfortable living! Incorporate Universal Design features to add value, convenience and marketability to your investment for a lifetime!

AND
Don't miss Steve Gold's report on the MFP awards and see what states where chosen to share in the money. Don't be discouraged if your state missed the first deadline because you'll have until March to fix your plan and get it right. Note: Virginia is among the 21 states that will revise their plan and win an MFP award.

And don't miss Steve's CALL TO ACTION regarding HUD or you may be living on the streets.


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

Keith-

========================================================
1. CONGRATULATIONS MONEY FOLLOWS THE PERSON AWARDEES
2. CALL TO ACTION - CALL ABOUT HUD TODAY
3. DEAR MARCI - CAN I SWITCH MY HEALTH PLAN?
4. WINTER SAFETY FOR THE ELDERLY
5. ATTENTION DEFICIT DISORDER
=========================================================
********************************************************
CONGRATULATIONS MONEY FOLLOWS THE PERSON AWARDEES
********************************************************  
Congratulations Money Follow the Person Awardees. Information Bulletin # 188 (1/06)

On January 11, 2007, CMS announced the 17 States that were awarded "first round" Money Follows the Person (MFP) grants. Congratulations!

CMS stated that "for too long people had to follow the money," and now Medicaid money can follow the people. These 17 MFP awardees are expected to "reinvest the savings [from the institutions] into community-based services" and to have "annual rebalancing benchmarks."

These 17 States will receive more than $23 million in FY 07 and will be eligible for more than $900 million federal dollars over the next 5 years. These funds will help 25,000 disabled and elderly persons leave institutions, return to the community, and receive appropriate Medicaid funded services in their own homes.  CMS emphasized that the winning States addressed a broad range of people with disabilities, people with "complex needs," people with developmental disabilities, elderly persons, persons with dual diagnoses and others.

CMS stated that the MFP grants will help States "level the playing field by eliminating barriers in the community" and "expand choice" for persons who want to live in the community.

CMS publicly recognized ADAPT's and NCIL's extraordinary hard work in both convincing Congress to allocate the $1.75 billion for MFP and in urging and working with States during the application process.

Now the work really begins in those 17 States.  Over the next 12 months, you and your State must flesh out "Operational Protocols" answering how the program will be implemented.  Disability and elderly advocates have the expertise in transitioning persons from institutions to the community. You know the real problems people will face. Get to the table.

The 17 winning States are: WI, NY, WA, CN, MI, OKL, ARK, MARYLAND, NEB, N. HAMPSHIRE, CA, IND, TX, S. CAR, IOWA, OH, MISSOURI.

WHAT ABOUT THE OTHER STATES?

Another 21 States applied for MFP but, according to CMS, need to "refine their application" with "more specificity."  As far as we can tell, as a general matter, CMS correctly did not award these 21 States a first round grant because CMS wants (a) more details on how these 21States will "rebalance" their institutional versus community Medicaid expenditures/services and (b) more specific benchmarks regarding the numbers of persons who will be transitioned out of the institutions.

As disability and elderly advocates, this information is critical for us, too.  By January 22, 2007, CMS will notify these 21 States regarding the specific additional information required in order to win "second round" MFP grants.  These States will have 30 days to respond and CMS expects to announce late March which of these 21 States will be "second round" MFP winners.

CMS did not identify these 21 States. Did your State apply for MFP's "enhanced federal match" grants?  Did disability and elderly advocates participate in writing the MFP proposal? Will you, on 1/22, be able to learn what CMS wants from your State?  Will you be able to assist your State in responding to CMS?

We had heard rumors that some States submitted very nonspecific MFP applications just to placate disability and elderly advocates in their State. You should get a copy of the 1/21CMS letter to your State Medicaid office so you can know specifically what CMS wants to know.  This letter is a great opportunity for disability and elderly advocates to get to the table with your State's Medicaid officials and discuss rebalancing your Medicaid budget.

OH, you want to know about the remaining13 States that DID NOT EVEN APPLY FOR MFP! Those 13 States apparently care so little about the unnecessary institutionalization of its disabled and elderly citizens that they did not even apply for the extra federal monies.  Shame on these 13 States!

Do you know if your State falls in the 13 State did not apply category?

What are the disability and elderly advocates going to do about these States?

If you know specific persons in nursing facilities who want out, what are you going to do about it? Has your Medical Assistance Director ever met a nursing home resident who wants to live at home?  Remember Pogo?

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 or call 215-627-7100.

********************************************************
CALL TO ACTION - CALL ABOUT HUD TODAY
********************************************************
The National Low Income Housing Coalition issued the following VERY IMPORTANT "Call toAction."  The impact on all low income persons, including those persons with disabilities who are on SSI and who are in institutions because they cannot locate low-income housing, is overwhelming.  steve gold

CALL TO ACTION

IN BRIEF Whom to call: Your Representative and Senators When to call: Friday, January 12 through Wednesday, January 26 The number to call: 877-322-5742 The message: Adequately fund all HUD programs for FY07!

Congress plans to pass a "Joint Funding Resolution" by February 15 that will set funding levels for HUD programs for FY07 (through September 30, 2007). The Resolution as planned will fund all HUD programs at FY06 levels unless there will be "cataclysmic" consequences.

HUD programs face severe funding shortfalls if HUD funding is not increased above the FY06 level. Thousands of people will either lose their housing or have no access to housing if HUD programs are left at FY06 levels. Here's what is at stake.

Without a $487 million increase for FY07 and language linking PHA voucher costs to recent leasing and cost data, 70,000 vouchers will be cut at local agencies.

Contracts on at least 107,000 Section 8 project-based units will not be able to be renewed in FY07 if Congress does not increase the project-based Section 8 budget by $636 million.

Public housing operating subsidies will be underfunded by about 25% of what HUD says is needed in FY07, an historic low compounding the effects of many years of underfunding. And, public housing capital needs will continue to be neglected if this fund remains at FY06 levels. Public housing has lost more than $1 billion in funding since FY01.

Unless funding is increased by $185 million, 14,000 homeless people will be consigned to another year of homelessness.

Even people served by smaller programs like Housing for Persons with AIDS will be in jeopardy. If the $14 million requested increase for HOPWA is not enacted in FY07, 3500 fewer people with AIDS (and their families) will receive housing assistance.

If funding for the Census is not increased by $50 million for FY07, the ability of the Census Bureau to accurately determine funding allocations and produce the American Housing Survey will be compromised.

HUD's programs are currently operating under a continuing resolution until February 15. House and Senate leadership intend to enact a "joint funding resolution" to carry programs until the end of FY07, September 30, 2007. Call the DC offices of your Representative this week, and ask to speak to the staff person in each who deals with housing issues.

The Message:

I am calling to urge Representative/Senator __________ to adequately fund all HUD programs in the FY07 joint funding resolution. HUD programs face severe funding shortfalls if HUD funding is not increased above the FY06 level. Thousands of people will either lose their housing or have no access to housing if HUD programs are left at FY06 levels.

For more information: Contact Linda Couch at Linda@nlihc.org. Questions? Call Elisa Ortiz at 202.662.1530 x222.

Please report the results of your calls to outreach@nlihc.org. Find your Member of Congress at www.nlihc.org by entering your zip code in the Contact Congress box.

--
Steve Gold, The Disability Odyssey continues

********************************************************
DEAR MARCI - CAN I SWITCH MY HEALTH PLAN?
********************************************************
Dear Marci,

In the last year, my HMO has issued dozens of denials, saying that I needed pre-authorizations for treatments my doctor orders. After receiving another one last week, I’ve decided I’ve had it and I want to change my Medicare health plan. Is it too late to switch for ’07?

–Darren (Butte, MT)

Dear Darren,

No. If you are unhappy with your health care plan, you have one chance to make a change during the Open Enrollment Period that runs from January 1 through March 31 of every year.

During the Open Enrollment Period, you can switch to a different private health plan or go back to Original Medicare. If you were in Original Medicare, you could join a private health plan. Your first decision should be to consider what you want from your Medicare coverage. For a list of key factors you should keep in mind when choosing between a Medicare private health plan and Original Medicare, visit Medicare Interactive.

Do you have Medicare drug coverage (Part D)? If so, you need to enroll in either another private Medicare health plan with drug coverage, or if you want to switch to Original Medicare, a stand-alone prescription drug plan. To find out what options are available in your area, check out the “Landscape of Local Plans” on Medicare.gov.

If you do not have Medicare drug coverage, you can only switch to another private health plan without drug coverage or to Original Medicare without a stand-alone drug plan.

The steps you must take to make this switch will depend on what you currently have and what you are going to join. If you have Original Medicare and want to join a private plan or just switch your stand-alone drug plan, you will need to request an enrollment form from the new health plan, fill it out and send it back. For a list of questions to ask before joining a private health plan, visit Medicare Interactive.

If you have a Medicare private health plan and want to join

Another Medicare private plan:
You should enroll in your new plan without disenrolling from your old plan. You will be automatically disenrolled from your old Medicare private health plan when your new coverage starts.

Original Medicare:
First, you need to send a letter to your current plan requesting disenrollment (be sure to sign and date the letter), or go to your local Social Security office and complete a disenrollment form there. You will be automatically enrolled in Original Medicare when you disenroll from your current plan.

If you have Medicare drug coverage, then you will need to enroll in a stand-alone drug plan. Fill out the enrollment form for the plan of your choice and send it in.

Whatever you do, be sure to make a copy of any paperwork you submit to Medicare or a private plan. Your new coverage should start the first of the month after you make your selection.

Note: In 2007 and 2008, if you have Original Medicare without Medicare drug coverage (Part D) you can switch to a Medicare private health plan without drug coverage at any time. In addition, certain situations, such as moving, may give you the right to a Special Enrollment Period during which you can change your Medicare health plan.

–Marci
(thax medicarerights)

********************************************************
WINTER SAFETY FOR THE ELDERLY
********************************************************
Elder Law FAX

The January 15, 2007, issue of Elder Law FAX, a free newsletter published every other Monday by the Elder Law Practice of Timothy L. Takacs.

Winter Safety for the Elderly

The AGS Foundation for Health in Aging's Tips for Older Adults

Many areas of the United States are experiencing record high temperatures this winter. A few areas of the country, such as Colorado and the Great Plains, have been hit by major snowstorms. These storms should remind us all that, despite the unseasonably warm weather, Old Man Winter is never very far from being around the corner, with his blasts of icy cold air and snow.

The cold and ice and snow can cause grave problems for elderly people. Although anyone who is unprepared can be badly affected, older people are particularly at risk for hypothermia, frostbite, injury from shoveling snow, falls, fires and carbon monoxide poisoning, and accidents while driving.

Recently, the AGS Foundation for Health in Aging published several tips to aid seniors and those who care for them in avoiding these common, and sometimes deadly, risks.

Hypothermia:
Because older adults have slower metabolisms, they tend to produce less body heat than  younger people. As people age, it becomes more difficult for them to tell when the temperature is too low. A deadly drop in body temperature, or hypothermia, could result. Here is how to avoid hypothermia:

*Stay indoors when it's very cold outside, especially if it's also very windy; and keep indoor temperatures at about 65 degrees
*If you have to go outside, don't stay out in the cold or the wind for very long
*Wear two or three thinner layers of loose-fitting clothing. Layers are warmer than a single thick layer.

Always wear a hat, gloves or mittens (mittens are warmer), a coat and boots, a scarf to cover your mouth and nose and protect your lungs from very cold air.

*Stay dry; wet clothing chills your body quickly
*Go indoors if you start shivering -- it's a warning sign that you're losing body heat.
*Know the warning signs of hypothermia: lots of shivering; cold skin that is pale or ashy; feeling very tired, confused and sleepy; feeling weak; problems walking; slowed breathing or heart rate.

Note: Don't rely on shivering alone as a warning sign, since older people tend to shiver less, or not at all, even as their body temperature drops. Call 911 if you think you or someone else has hypothermia.

Frostbite:
Extreme cold can also cause frostbite: damage to the skin that can go all the way down to the bone. Frostbite usually affects the nose, ears, cheeks, chin, fingers and toes. In very bad cases, it can result in loss of limbs. People with heart disease and other circulation problems are more likely to get frostbite. To protect against frostbite:

*Cover up all parts of your body when you go outside
*If your skin turns red or dark or starts hurting, go inside right away
*Know the telltale signs of frostbite: skin that's white or ashy (for people with darker skin) or grayish-yellow; skin that feels hard or waxy; numbness. If you think you or someone else has frostbite, call for medical help immediately.

Injury while shoveling snow:
When it's cold outside, your heart works extra hard to keep you warm. Working hard by shoveling snow, for example, may put too much strain on your heart, especially if you have heart disease. Ask your doctor whether it is safe for you to shovel snow or do other hard work in the cold. Also, to avoid falls, be careful shoveling snow or, better, get someone else to do it for you.

Falls:
To lower the odds of a fall:

*Do not walk on icy or snowy sidewalks; look for sidewalks that are dry and have been cleared.
*Wear boots with non-skid soles so you do not slip when you walk
*If you use a cane, replace the rubber tip before it is worn smooth. You might also buy an ice pick-like attachment that fits onto the end of the cane to help keep you from slipping when you walk with the cane. (Find these at medical supply stores)

Fires and carbon monoxide poisoning:
Burning a carbon-based fuel - such as wood, kerosene, natural gas, coal, and propane - releases carbon monoxide. This is a gas that cannot be seen or smelled, and it can kill if fireplaces and stoves are not properly vented and maintained.

*Have fireplace and wood stove chimneys and flues inspected yearly and cleaned when necessary. (Ask your local fire department to recommend an inspector or look in the telephone book under "chimney cleaning")
*Put a smoke detector and battery-operated carbon monoxide detector in areas where you use fireplaces, wood stoves, or kerosene heaters
*Crack a window when using a kerosene stove
*Make sure space heaters are at least 3 feet away from anything that might catch fire, such as curtains, bedding and furniture

Accidents while driving:
Adults 65 and older are involved in more car accidents per mile driven than those in nearly all other age groups.

Since winter driving can be very dangerous, you should:
*Winterize your car before the bad weather hits (have the antifreeze, tires and windshield wipers checked and changed if necessary)
*Check weather reports and check for winter weather advisories before beginning long car trips
*Do not drive on icy roads, overpasses or bridges if possible; look for another route
*If you must drive in snow or ice, use tire chains when possible
*Slow down when roads are covered with snow or ice
*Take a cell phone with you when driving in bad weather and let someone know where you're going and when you expect to arrive so they can call for help if you're late
*Stock your car with basic emergency supplies, such as: a first aid kit, blankets, extra warm clothes, a windshield scraper, rock salt, a bag of sand or cat litter ( to pour on ice or snow in case your wheels get stuck in the ice or snow), shovel, booster cables, container of water and canned or dried foods and can opener, flashlight

These and other tips from the AGS Foundation for Health in Aging can be read online at http://www.healthinaging.org/public_education/wintersafety_tips.php

********************************************************
ATTENTION DEFICIT DISORDER
********************************************************
Attention Deficit Disorder

Hi,
My name is Chris Glavin. I run a website devoted to providing resourceful information for a number of topics in education and disorders. I have created a wonderful page on Attention Deficit Disorder with in depth information on the disorder. Please take a moment out of your day to visit the page. If you would like to help in any way please do not hesitate to contact me. I am always looking for individuals interested in providing articles and resources for Autism. If you have time, please visit the rest of my website. It is a labor of love. On a more personal note I was diagnosed with A.D.D. at a very young age and thanks to therapy I was able to control my A.D.D. and use it as a positive rather than a negative. Today I consider it to be a blessing that I have this disability which I see as a strength rather than a crutch. http://www.k12academics.com/addadhd.htm

Thanks!

Chris Glavin
K12academics.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 V7-#34  Thursday, January 11, 2007 -- No Vote, No Voice!  
========================================================
DAC gets many requests to promote other functions, meetings, websites, stories, etc., and we do and will, but, it's much easier if you can provide your information in an email format plus you'll have a better chance of it getting promoted in our letters. We just don't have the time to format all of your material. Thank you:)

Also, for our new readers you can read past newsletters just by going to our 'main' page here: DAC main.htm or: http://members.aol.com/dac4va/main.htm  plus find many links to important resources. Enjoy:)

NEXT
The battle of Iraq's wounded
The U.S. is poorly equipped to care for the tens of thousands of soldiers injured in Iraq.
www.latimes.com/news/opinion/la-oe-bilmes5jan05,0,6627236.story?track=tothtml

Design for Everyone, Disabled or Not
http://www.nytimes.com/2007/01/07/realestate/07nati.html

IN VIRGINIA
January "SMART" Talk newsletter

IEP Pro Parents Meeting
Wednesday, January 31
6:30 PM
Gloucester Library

Joint Services Exceptional Family Member Forum and Resource Expo
      January 25:  8:30 AM - 3:30 PM
      January 26:  8:30 AM - 1:30 PM
         Omni Newport News Hotel
         1000 Omni Blvd.
To register for this FREE event, call (757) 788-3878

All Military Parents of Special Needs Children
       You are invited to a Special Needs Information Lunch
       Wednesday, January 31st
       Langley AFB Chapel Annex

For more information, check out our web site.   www.smartoneinc.net

AND
Hello-
I am assisting the Rainbow Olympic Games with promoting their annual event, which takes place in Richmond on Saturday, March 24, 2007.  The Rainbow Games are for Virginia residents ages 6-21 who have physical disabilities.  This annual event was scheduled to end this year; however, another group has taken over and want help to spread the word about 2007.  Please pass this information on to other TR professionals who serve this population and to eligible participants.  It is really a great event! Thank you!

Stacy J. Slusser, MS, CTRS
Senior Therapeutic Recreation Specialist
Chesterfield County Parks and Recreation
P.O. Box 40
Chesterfield, VA  23832-0040
(804) 751-4134

NEXT
Preparing for All Abilities Regional Workshops
Attached (not) is a flyer that the Virginia Departments of Emergency Management, Health, and Deaf and Hard of Hearing and the disAbility Resource Center are using to promote an exciting series of emergency planning and preparedness regional workshops entitled Preparing for All Abilities.  These one-day workshops are designed to increase understanding of requirements and expectations between first responders and citizens with medical, communication, mobility or behavioral challenges; medical & mental health providers, law enforcement, fire/EMS, emergency planners and managers, public health staff, public relations/media specialists, volunteer organizations and other providers.  Citizens and responders from each community will be able to discuss their requirements and expectations and begin developing solutions to ensure preparedness during emergencies.

The one-day workshops begin March 3 and continue through May.  It would be well worth your time and effort to attend the workshop closest to you, as one of the goals is for attendees to continue working together on issues following the workshops.

To register: log onto  https://va.train.org  and look at upcoming events, fax attached registration to 804-225-3888, or e-mail information to: eprtraining@vdh.virginia.gov

NEXT
Medicaid Update: Final Report of the Medicaid Commission

In May 2005 the Secretary of the Department of Health and Human Services, Michael O. Leavitt, established a Medicaid Commission to advise the Secretary on ways to modernize the Medicaid program so that it can provide high-quality health care to its beneficiaries in a financially sustainable way. On December 29, 2006 the Commission issued its final report, which can be found at http://aspe.hhs.gov/medicaid/122906rpt.pdf

FYI
Today, at exactly 3:11 pm Eastern time, the House of Representatives passed legislation that expands federal funding for embryonic stem cell research. This is an integral first step towards providing hope and cures to the millions of Americans suffering from diseases like diabetes, Parkinson’s, and Alzheimer’s.

Now the bill goes to the Senate, where it is expected to pass by an even wider – veto proof – margin.

CHANGES AT LACIL
FOR IMMEDIATE RELEASE (January 9, 2007)
CONTACT: 528-4971 ext 106

An interim executive director and a new chairman of the board were announced today by the Lynchburg Area Center for Independent Living (LACIL).

Phil Theisen, formerly board chairman, has assumed the responsibilities of executive director on an interim basis.

Sam Mosley, vice chairman of the board for three years, has succeeded Theisen as board chairman. 

Lindsey Epps Edwards has been employed as Development Coordinator and Grant Writer. She continues in her present position as director of the YWCA Violence Intervention Program and also as director of Non-Custodial Supervised Visitation, both sponsored by the Central Virginia YWCA. Previously she worked thirteen years as founder and director of the former Community Prescription Program sponsored by Interfaith Outreach.  

All three appointments are effective immediately.

FINALLY
FAST FACT
The United States spent $5,711 per person on health care in 2003, $1,100 more than the next highest-spending country, Luxembourg, and $3,394 more than the United Kingdom-one of the countries that spent the least per capita ("Health Care Spending in the United States and OECD Countries," Kaiser Family Foundation, January 2007).


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

Keith-

========================================================
1. MEDICAID FUNDS TO KEEP PERSONS OUT OF INSTITUTIONS
2. DEAR MARCI - MY SS BENEFITS START 8 MOS AFTER RETIREMENT?
3. PART D ENROLLMENT EXTENDED FOR 250,000
4. GOAL SETTING WORKSHEETS - READING AT HOME - DRIVIN' ME NUTS
5. MANAGING PARENTS FINANCES - 8 STEPS FOR CHILDREN TO TAKE
========================================================
********************************************************
MEDICAID FUNDS TO KEEP PERSONS OUT OF INSTITUTIONS
********************************************************  
Medicaid Funds to Keep Persons Out of Institutions - Information Bulletin #187    (1/07)

Section 6086 of the Deficit Reduction Act of 2005 has not received much attention.  It offers States a new opportunity to provide a full (or partial) range of community-based services for seniors and people with disabilities.  Beginning now, January 2007, States can use this new statutory provision without applying for a Medicaid waiver.

Here are some important aspects of Section 6086:

1.  It applies to seniors and people with disabilities with incomes up to 150% of the poverty level: $14,700 for a single person and $19,800 for a couple.  These income levels are higher than many States now provide for either MA community-based waiver services or MA state plan services, and could help many seniors Social Security.

2.  Because no waiver application is required, there is no excuse that the process is too complicated.

3.  These services can be targeted to persons BEFORE they go into a nursing home. This is important because, nationally, 11.8% of the persons IN nursing homes went into them directly from their own homes and had NOT been receiving any home health services for entering the institution; that's nearly 155,000 people in nursing homes as of 9/30/06!  Why should anyone be admitted to an institution without at least being offered and provided community-based services?

4.  There is no requirement under Section 6086 that persons even meet nursing home level of care criteria.

5.  There is no "cost neutrality" requirement that MA waivers have.

6.  States can limit the number of persons who will receive these services, so States will be able to monitor and control the financial aspects of offering and providing the servies.

7.  States can concentrate the Section 6086 services in areas of the State that historically have high concentration of nursing home enrollments.

8.  These services can be consumer directed.

Has your State started to offer Section 6086 community-based services? Will your State offer them?  If not, how can your State continue to complain about MA expenditures, when it will not implement a program that will save MA costs by preventing many of the 11.8% of the persons entering nursing homes?  [Your States's specific percentage of persons admitted to nursing homes without receiving any home health services can be found at http://www1.cms.hhs.gov/apps/mds/res3.asp?var=AB2&date=16 ]

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 or call 215-627-7100.

********************************************************
DEAR MARCI - MY SS BENEFITS START 8 MOS AFTER RETIREMENT?
********************************************************
Dear Marci,

I just turned 65 last month and learned that my Social Security benefits won’t start until eight months later because the government has increased the “full retirement age.” Does that mean my Medicare benefits won’t start until this summer either?

–Joseph (Zionsville, IN)

Dear Joseph,

No. Although the age at which you qualify for Social Security benefits (“full retirement age”) is increasing, you still become eligible for Medicare when you first turn 65. (See the link in “Spotlight on Resources” below for more information on Social Security.) However, you were not automatically enrolled in Medicare when you turned 65 because you were not receiving Social Security benefits.

If you don’t take action to enroll in Medicare until you start receiving your Social Security benefits, you will miss your Initial Enrollment Period (IEP). You can enroll in Medicare at anytime during this seven-month period, which includes the three months before, the month of, and the three months following your 65th birthday—which means you have until March to act!

If you fail to enroll in Medicare during your IEP, you may have to wait until next year’s General Enrollment Period (GEP) to apply for Medicare and you may have to pay a Part B premium penalty. The only exception is if you have employer insurance through your or your spouse’s current job at the time you become eligible for Medicare. (Unlike the Part D drug benefit program, your group coverage does not have to be “as good as Medicare’s” to qualify for late enrollment without a penalty.)

The GEP occurs every year between January and March, and you must apply at your local Social Security office. Your coverage would not start until the following July.

The Part B premium penalty means you would have to pay an additional 10 percent for each 12-month period you delayed signing up. In most cases you will have to pay that penalty every month for as long as you have Medicare. (However, if you were under 65, eligible for Medicare because of a disability and enrolled in Part B late, you would no longer have to pay the premium penalty once you turned 65.)

If you had coverage through a job—either your own or your spouse’s—when you became eligible for Medicare, you may qualify for a Special Enrollment Period (SEP), which means you can enroll in Medicare without penalty for up to eight months. To learn more about Special Enrollment Periods, visit Medicare Interactive.

–Marci
(thax medicarerights)

********************************************************
PART D ENROLLMENT EXTENDED FOR 250,000
********************************************************
PART D ENROLLMENT EXTENDED FOR 250,000

Part D enrollment for 2007 will be extended for about 250,000 people with Medicare who did not receive timely information from their Part D prescription drug plan about changes to their coverage, the Centers for Medicare & Medicaid Services (CMS) has announced.

CMS required prescription drug plans to send a notice of any changes in their coverage to people with Medicare by October 31, 2006, before the start of the enrollment period, to allow consumers enough time to look over their plan options for 2007.

Plans that sent their notices after November 15 are required to notify affected members that they can still switch Part D plans until February 15, 2007.

The bulk of Part D enrollees who received late notices are enrolled in United HealthCare plans, one of the largest Part D providers. United HealthCare spokesperson Peter Ashkenaz said the notification was delayed due to last minute corrections to erroneous information and because of "a fire that delayed production" at a facility that printed the documents.    

According to CMS spokesperson Jeff Nelligan, the agency may penalize plans that did not notify their participants on time, and that CMS is requiring that plans inform affected members by January 5 of the extension.
(thax medicarewatch)

********************************************************
GOAL SETTING WORKSHEETS - READING AT HOME - DRIVIN' ME NUTS
********************************************************
Goal Setting Worksheets - In Time for the New Year
What a great way to start back to school! Let your students determine what their goals are and how they will meet them. Here are 3 printer friendly worksheets...read more

Supporting Reading at Home
There's no better time to support reading at home than when the kids are on holidays! Do your children know their word families? Word families are the rhyming words...read more

They're Driving Me Nuts!
Do you hear yourself saying this when your kids are off over the holidays? Is their behavior almost out of control? Believe it or not, strategies to curb inappropriate behaviors...read more
(thax about.com)

********************************************************
MANAGING PARENTS FINANCES - 8 STEPS FOR CHILDREN TO TAKE
********************************************************
Elder Law FAX

The January 1, 2007, issue of Elder Law FAX, a free newsletter published every other Monday by the Elder Law Practice of Timothy L. Takacs.

Managing Parents' Finances: Eight Steps for Children to Take

As their parents age and become increasingly dependent upon others for help, often one of the first tasks that children find themselves having to undertake is to manage their parents' finances.

The Web site Bankrate.com recently published a step-by-step guide for the children of incapacitated parents.

Here are the eight steps.

Step 1: Find all of your parents' financial accounts and documents.
This can be a daunting challenge. Many people don't maintain a comprehensive, updated list of their investments. Financial records may be in a mess. Here is a tip: keep an eye on the mailbox during the month of January, when IRS Form 1099s are mailed. Look for a recent income tax return for clues.

Step 2: Collect and start paying bills.
What bills need to be paid? Review bank account statements over the past year for routine transactions. Watch for insurance payments that may be due on other than a monthly basis (such as homeowners and automobile).

Step 3: Locate power of attorney or living trust documents.
You may need these documents in order to have legal authority to act on behalf of your parent. Although storing these documents in a bank safe deposit box is usually not recommended, if the documents cannot be found at home this location may be a good place to start.

Step 4: Open their safe-deposit boxes -- with a witness.
To avoid disputes with other family members, get a witness when you inventory the box.

Step 5: If there is no durable power of attorney or living trust, you may have to become your ill parent's guardian or conservator.

But don't assume that this step is automatically necessary. Going to court to be appointed guardian or conservator of an incapacitated parent is costly and intrusive. What many lawyers who recommend this step don't tell you is that as guardian of your parent, you must now legally account to the court for whatever steps you take to manage your parent's finance and arrange for their health care needs. Do you really want or need to have a judge tell you how to take care of your parents?

Step 6: Document everything you do on your parents' behalf.
Approach managing your parents' finances as a business.

Step 7: Consider hiring a financial planning team.

Step 8: Consider updating your parents' investments.

For more information, visit:   http://www.bankrate.com/brm/itax/news/20061124_8step_plan_parents_finances_a1.asp

===============================
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 V7-#33  Wednesday, January 03, 2007 -- No Vote, No Voice!  
========================================================
Welcome to 2007, where we expect many exciting events to take place this year. After a restful holiday vacation DAC is ready to start sending out news that has our mail bins bulging. So here it goes......

Near the end of December I was one of five advocates invited to speak with DMAS and their new Fiscal Agent, PPL, along with the president of PPL and several high ranking folks from DMAS. We discussed the issue of payrolls not getting out on time to Personal Attendants across the state. As we spoke, they listened intently and took notes. I wish I could say all the problems were resolved that day but that wouldn't be the truth. We were, however, invited back on January 23, 2007, to see how things are shaping up, what issues were/are being remedied and how PPL as the Fiscal Agent plans on correcting many systemic errors needing corrected to make the Consumer Directed program flow smoothly. Everyone is sincerely interested in getting the problems ironed out and I hope that by their inviting us back many changes will have been made in the interim period and we'll have seen those positive changes and learn of more to come. As always, I'll let you know what happens, so hang in there because we won't give up until everything is right. ..kk-

NEXT  
January Information Summary by Maggie Roffee
Special Alerts and Information or: http://members.aol.com/dac4va/information.htm

Gilead treatment effective with cystic fibrosis
http://today.reuters.com/news/articlenews.aspx?type=healthNews&storyid=2006-12-19T223140Z_01_WNAS6057_RTRUKOC_0_US-GILEAD-CYSTIC-FIBROSIS.xml&src=rss&rpc=22

Taste Test may show depression
http://news.bbc.co.uk/2/low/health/6207354.stm

US Proposing cutting Medicaid drug payments
http://www.nytimes.com/2006/12/18/washington/18medicaid.html?ex=1167022800&en=f91893c7ec13707d&ei=5065&partner=MYWAY

BRAIN'S FEAR CENTER SHRINKS IN AUTISM'S MOST SEVERELY SOCIALLY-IMPAIRED
http://www.nih.gov/news/pr/dec2006/nimh-04b.htm

BENEFITS TO EMPLOYERS OUTWEIGH ENHANCED DEPRESSION-CARE COSTS
http://www.nih.gov/news/pr/dec2006/nimh-04a.htm

NEXT
Board for People with Disabilities Requests 2007 Grant Proposals
Virginia Board for People with Disabilities
Requests 2007 Grant Proposals

The Virginia Board for People with Disabilities, the state’s Developmental Disabilities Planning Council, announces Requests for Proposals (RFPs) for its 2007 Competitive Grants Program.  Initiatives in these RFPs are driven by the Board’s mission to provide a voice for people with developmental and other disabilities, based upon its 2006 Biennial Assessment of the Disability Services System in Virginia, and address the goals of the Board’s 2007-2011 State Plan.  Projects to be considered for 2007 Board funding include:

*Outreach to Families of Children at Risk of Institutional Placement or Currently Residing in Institutions
*Public Awareness Campaign, Part 1:  Advocacy Message Development  (To be followed by separate but closely interrelated Part 2:  Outreach and Public Relations)
*Self-Advocacy Mobilization

The 2007 RFP Booklet, containing detailed information on these RFPs, and other important documents needed to complete an application, are available on the Board’s website at http://www.vaboard.org/grants.htm.  Questions regarding a particular RFP should be directed to the Program Manager identified in the RFP.  Questions regarding grants administration or general guidelines for the RFP process should be directed to Lynne Talley, Grants Administrative Manager, at 804-786-9375 or Lynne.Talley@vbpd.virginia.gov.

To be considered for funding, applications must be received by no later than 5:00 p.m., Friday, March 9, 2007.  Board grants are funded by the U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Developmental Disabilities.

For more information about the Virginia Board for People with Disabilities and its activities, please visit the Board’s website at www.vaboard.org or contact the Board at info@vbpd.virginia.gov, 1-800-846-4464 (Toll-free, Voice/TDD), 804-786-1118 (Fax), or 202 N. 9th Street, 9th Floor, Richmond, VA 23219.  Grant materials and all Board publications are available in accessible formats upon request.

NEXT
FAST FACT
A survey of 302 large private sector employers that offer retiree health coverage conducted by the Kaiser Family Foundation found that 58 percent of the companies raised premiums for Medicare-eligible retirees, and 24 percent raised cost-sharing for Medicare-eligible retirees ("Kaiser/Hewitt Retiree Health Benefits Survey," Kaiser Family Foundation, December 2006).

FINALLY
Some bittersweet news for the folks in NoVa (and statewide) as Michael Cooper's last day working as ECNV’s Executive Director is Friday, January 5, 2007. Michael will be heading to the Metropolitan Washington Airports Authority and DAC wishes him well. Read our first story for more details and a letter from Michael.


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

Keith-

========================================================
1. HAPPY TRAILS COOPER:)
2. PRESIDENT BUSH SIGNS THE COMBATING AUTISM ACT
3. 2005 CENSUS DATA REGARDING PEOPLE WITH DISABILITIES
4. DEAR MARCI - PART D, WHAT DO I DO?
5. MOVE THE MENTALLY ILL OUT OF JAIL
6. DEPARTMENT OF HOUSEHOLD SECURITY
========================================================
********************************************************
HAPPY TRAILS COOPER:)
********************************************************  
December 22, 2006

Dear Colleagues in Independent Living:

If it were possible I would have preferred to communicate this information with you directly, but it appears that with the holiday now upon us I should try other means instead.  I want to share with you that effective January 2007 I will begin a new position in state and local government affairs for the Metropolitan Washington Airports Authority.  My last day working as ECNV’s Executive Director is Friday, January 5, 2007.  My new office is located at the Reagan-Washington National Airport here in Arlington.

The Airports Authority is an independent body created by the Commonwealth of Virginia and the District of Columbia that has been approved by the US Congress to operate and maintain Ronald Reagan Washington National Airport and Washington Dulles International Airport here in Virginia.  In addition to operating Reagan National and Dulles, the Airports Authority is responsible for capital improvements at both airports.  This local and state government affairs position is a new position for the Authority, and it comes online just as the construction of a new metro rail line is now approved to connect points in DC through all of Fairfax County through Dulles and into Loudoun County.  In my new capacity I interact with our local government officials here in Virginia and in Washington, DC on behalf of the Authority.  My work also includes acting as a liaison with our Virginia General Assembly and with the current, and successive, Governors Administration.

From the disability perspective, please know that the new rail line that the Authority will build is being engineered with redundant elevators at all new rail stations (elevators installed at every entrance and exit of the metro station) to ensures greater access to all paths of travel.  ECNV’s Advocacy and Outreach Specialist, Doris Ray, had a carefully, well-coordinated role within ECNV toward helping to make that transportation outcome happen.  You can be assured that Doris and all the ECNV staff remain committed advocates on the team at ECNV that I've been lucky enough to help lead.  Along with our ECNV community advocates, ECNV’s staff continues to make a substantial difference in systems and individual advocacy, and I am very appreciative to each of them for the fine work they have produced.  I am also especially grateful for every consumer whose individual voice and strong energy has collectively helped to reshape our Commonwealth of Virginia.

Effective immediately David Burds has now been named by our Board as Interim Executive Director for ECNV.  Most of you know David; please reach out to him and kindly offer to him the same level of outstanding support you have provided to me over these past 12 years.  ECNV is and will remain in capable hands, and the consumers and advocates who elect ECNV Board of Directors will continue to effectively guide the organization as ECNV now heads into its 25th Anniversary Year during 2007, and for many years to come.

This new position with the Authority is a very exciting opportunity for my family and my career, and it comes at a time when I can look forward to the next 20 years while still having an impact locally and statewide.  As Yoshiko Dart reminds me when we chatted about this position and how transportation is still an important independent living priority, I will not be leaving independent living as much I am really just "expanding the mainstream."

For the past dozen years it has always been an honor and a privilege to work alongside each of you. Thank you, each of you, for your guidance, friendship, leadership and support.  As Yoshiko Dart and Justin Dart’s dream for independent living and still so resoundingly exhorts all of us, “Lead On.”

Best Regards,

-Michael Cooper

********************************************************
PRESIDENT BUSH SIGNS THE COMBATTING AUTISM ACT
********************************************************
THE WHITE HOUSE

OFFICE OF THE PRESS SECRETARY

December 19, 2006

STATEMENT BY THE PRESIDENT

For the millions of Americans whose lives are affected by autism, today is a day of hope.  The Combating Autism Act of 2006 will increase public awareness about this disorder and provide enhanced federal support for autism research and treatment.  By creating a national education program for doctors and the public about autism, this legislation will help more people recognize the symptoms of autism.  This will lead to early identification and intervention, which is critical for children with autism.  I am proud to sign this bill into law and confident that it will serve as an important foundation for our Nation's efforts to find a cure for autism.

**********

FACT SHEET

COMBATTING AUTISM ACT

December 19, 2006

FACT SHEET

Today, President Bush Signed The Combating Autism Act Of 2006.  This Act authorizes expanded activities related to autism research, prevention, and treatment through FY 2011.  There are more than 1.5 million cases of autism in the United States.

     * Since the President Took office, National Institutes Of Health (NIH) Funding For Autism-Related Research Has Increased By Over 80 Percent - From $56 Million In FY 2001 To An Estimated $101 Million In The FY 2007 Budget, Including Support For Autism Centers of Excellence.  In addition, the Budget includes approximately $15 million at the Centers for Disease Control and Prevention (CDC) for autism surveillance and research, including five regional Centers of Excellence for Autism and Developmental Disabilities Research and Epidemiology.  In October, CDC initiated a $5.9 million study to help identify factors that may put children at risk for autism spectrum disorders and other developmental disabilities.

The Combating Autism Act Enhances Research, Surveillance, And Education Regarding Autism Spectrum Disorder.

     * The Act Authorizes Research Under NIH To Address The Entire Scope Of Autism Spectrum Disorder (ASD).   Autism, sometimes called "classical autism," is the most common condition in a group of developmental disorders known as the autism spectrum disorders (ASDs).  Other ASDs include Asperger syndrome, Rett syndrome, childhood disintegrative disorder, and pervasive developmental disorder not otherwise specified (usually referred to as PDD-NOS). 

     * The Act Authorizes Regional Centers Of Excellence For Autism Spectrum Disorder Research And Epidemiology.  These Centers collect and analyze information on the number, incidence, correlates, and causes of ASD and other developmental disabilities.  The Act also authorizes grants to States for collection, analysis, and dissemination of data related to autism.

     * The Act Authorizes Activities To Increase Public Awareness Of Autism, Improve The Ability Of Health Care Providers To Use Evidence-Based Interventions, And Increase Early Screening For Autism.  The Act authorizes the Secretary of Health and Human Services to:

        - Provide information and education on ASD and other developmental disabilities to increase public awareness of developmental milestones;

        - Promote research into the development and validation of reliable screening tools for ASD and other developmental disabilities and disseminate information regarding those screening tools;

        - Promote early screening of individuals at higher risk for ASD and other developmental disabilities as early as practicable;

    - Increase the number of individuals who are able to confirm or rule out a diagnosis of ASD and other developmental disabilities;

        - Increase the number of individuals able to provide evidence-based interventions for individuals diagnosed with ASD or other developmental disabilities; and

  - Promote the use of evidence-based interventions for individuals at higher risk for ASD and other developmental disabilities as early as practicable.

     * The Act Calls On The Interagency Autism Coordinating Committee (IACC)  To Enhance Information Sharing.  The IACC provides a forum to facilitate the efficient and effective exchange of information about autism activities, programs, policies, and research among the Federal government, several non-profit groups, and the public.  The Combating Autism Act requires the IACC to provide information and recommendations on ASD-related programs, and to continue its work to develop - and update annually - a strategic plan for ASD research.

- - - - - - - - - -

Olegario D. Cantos VII, Esq.
Associate Director for Domestic Policy
The White House
Washington, DC   20502
(202) 456-7330 [Voice/Relay]
(202) 395-1160; (202) 395-1144 [TTY]
(202) 456-5557 [Fax]
ocantos@who.eop.gov [Email]

********************************************************
2005 CENSUS DATA REGARDING PEOPLE WITH DISABILITIES
********************************************************
2005 Census Data Regarding People With Disabilities - Information Bulletin # 186 (12/06).

Many disability advocates need up to date statistics by State or county for people with disabilities.  The 2005 American Community Survey which can be found on the web http://factfinder.census.gov provides a lot of useful current data.  Here is a national summary of the data:

Nearly 15% of the population 5 years and over (i.e., 40 million people) have one or more disabilities.

For the population 16-64 years, 12% of that population (i.e., nearly 23 million people) have one or more disabilities.  Of all people 16-64 years, nearly 3% have a sensory disability, more than 7% have a physical disability, and 4.5% have a mental disability. [Remember people can have more than one type of disability and show up in two categories.]

For the population 16-64 years, only 37.5% of the people with a disability are employed.  That is, more than 14 million people with disabilities who are unemployed.

For the population 65 years and over, 40.5% of that population (i.e., more than 14 million people) have one or more disabilities.  Of all people over 65years, 16% have a sensory disability, 31% have physical disability, 11.5% have a mental disability, nearly 10% have a self-care disability, and 16.6% have a "go-outside-home disability."

For the population 5 years and over who have one or more disabilities, 21.1% are below the poverty level (which is about $9,200 for a single person).  That is, more than 8 million persons have a disability and are below the poverty level.  Of all people 5 years and over who are below the poverty level, 18.7% have a sensory disability, 21% have a physical disability, and 26.4% have a mental disability.

As a comparison, for the population 5 years and over with no disability, 11.3% are below the poverty level, while for the same age group with one or more disabilities, 21.1% are below the poverty level.

This data is available by State and county at the above Census Bureau's web site.

Advocates should use this data to hold accountable public officials with respect to "Annual Plans" [for public housing and vouchers] and "Consolidated Plans" [for HOME and CDBG funds].  Make sure the public officials note the correct percentage of persons with disabilities who are below the poverty level.  That information informs (or should inform) their planning processes.  Without the correct data, people will disabilities will be shortchanged.

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 or call 215-627-7100.

--
Steve Gold, The Disability Odyssey continues

Back issues of other Information Bulletins are available online at http://www.stevegoldada.com

********************************************************
DEAR MARCI - PART D, WHAT DO I DO?
********************************************************
Dear Marci,

Last year, I decided not to sign up for a Part D drug plan because my employer sent us a letter that said our coverage was comparable and we wouldn’t need Medicare’s. I just found the letter and realized it said “for 2006.” What does that mean I need to do for next year?

–Merrill (Yakima, WA)

Dear Merrill,

Call and ask your employer—or whoever provides your drug benefits (such as an insurance company or state program)—if your coverage will be at least as good as Medicare’s basic drug benefit (“creditable coverage”) in 2007. Insurance providers are supposed to send a written notice to all members once a year to let them know. If you do not receive a notice, call and ask for it so you have this information in writing.

Typically, you should expect to receive this notice before the end of the year, around the Annual Coordinated Election Period (ACEP), the time of year when people with Medicare can enroll in or change their Medicare prescription drug coverage. The ACEP takes place annually between November 15 and December 31, with new coverage beginning January 1. (You can change plans as many times as you need during the ACEP with your last choice taking effect January 1. However, to avoid enrollment problems, it is best to make as few changes as possible.)

Don’t worry if you miss the December 31 deadline though! If you lose creditable coverage through no fault of your own or if your drug coverage is reduced so that it is no longer creditable, you have a Special Enrollment Period (SEP) that begins the month that you are told your coverage will end. Your SEP lasts for 60 days after you lose your coverage—or 60 days after you receive notice, whichever is later. Just make sure that you make this deadline, as you may have to pay a premium penalty if you are without creditable coverage for more than 63 days.

And let this be a reminder for anyone who misses the 2007 enrollment period that ends this week: The premium penalty will be 1 percent for every month you delay enrollment beyond when you were first eligible for the Medicare drug benefit (1 percent of the average national premium), which will be added to your plan’s monthly premium for as long as you are enrolled in the Medicare drug benefit. This penalty may increase every year, as the national average premium increases. (Note: If you qualify for full Extra Help—the highest level of the federal assistance program that helps pay for most of the costs of the Medicare drug benefit—you will only have to pay 20 percent of the penalty, and you only have to pay it for five years.)

–Marci
(thax medicarerights)

Spread the Word About MARCI

Tell your friends, colleagues and clients to sign up to receive Dear Marci and other Medicare policy and news updates from the Medicare Rights Center by visiting www.medicarerights.org/subscribeframeset.html today!

********************************************************
MOVE THE MENTALLY ILL OUT OF JAIL
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Our position: A deal to move the mentally ill out of jails was far too long in coming.

December 23, 2006

Before you cheer an agreement between Gov. Jeb Bush and legislative leaders to provide more hospital beds for the mentally ill, let's remember it came only after a judge forced the state to do something about the hundreds of sick inmates languishing in jail.

To say Mr. Bush was pushed into a deal is putting it mildly. The more than 300 mentally ill people denied treatment didn't raise much concern until the head of the Department of Children & Families was fined for contempt.

Now Mr. Bush, Senate President Ken Pruitt and House Speaker Marco Rubio have agreed to spend $16.6 million for 531 new mental-health beds. That should help DCF meet its legal requirements for getting mentally ill inmates out of jails and into treatment within 15 days.

What took them so long?

The Orlando Sentinel and other papers reported this week that DCF had requested more money for mental-health beds for years, only to see those requests cut under Mr. Bush's budgets. One year showed a 95 percent cut in the request.

More cuts came after the budgets arrived at the Legislature.

Mr. Bush said his decisions came down to priorities. Mental-health beds took a back seat to programs for the developmentally disabled, drug treatment and fixing DCF's broken child-welfare system -- easily the troubled department's most thirsty money sponge.

And there's the real problem: In booming Florida, the most helpless among us shouldn't have to compete with each other for help.
(thax D.H.)

********************************************************
DEPARTMENT OF HOUSEHOLD SECURITY
********************************************************
New York Times
January 1, 2007
Editorial

Department of Household Security
Thousands of handicapped immigrants who received asylum to enter the United States are beginning the new year caught up in the immense backlog of background checks that now chokes government administration in the wake of 9/11. The glut of all cases from years past is 2.7 million and growing, according to the F.B.I., as investigators receive a weekly torrent of 67,000 new requests — half of them from the immigration services dealing with the normal flood of mostly healthy newcomers.

Congress understood the special plight of handicapped immigrants who are granted asylum and made sure they are entitled to monthly disability benefits of $603 each as they go through the citizenship process. But it turns out that more than 6,000 people, including some who are amputees or blind, have already found their benefits cut off, and tens of thousands more face a similar fate, because they exceeded the seven-year deadline Congress originally considered adequate for obtaining citizenship.

Lawyers for the handicapped are suing the government, pointing out that these cases increasingly are victims of the background backlog. Unless a solution is ordered, officials estimate another 46,000 will have their benefits cut off by 2012 as they become delayed in the pipeline.

Here is a classic problem of overstrained bureaucracy in which culpability is diffuse and the results are all too poignant. Social Security officials say that there is no way around the law’s seven-year deadline, while background investigators are overwhelmed by security checks with no relief in sight. One solution is to flag the handicapped immigrants as special cases who don’t deserve a loss of benefits in the crush of antiterrorist concerns. The immigration law has a host of problems to be tackled by the new Congress, and handicapped newcomers should be among the first to get some attention.
(thax S.W.)

===============================
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 V7-#32  Monday, December 18, 2006 -- No Vote, No Voice!  
========================================================
It comes around every year and here it comes again. What's that you say? Why it's Christmas time and we're sure you're out there enjoying the hustle and bustle of the shoppers friendly little smiles, shoves and sometimes, dare I say rudeness?:) Rest assured I'll have no part in it that's why I have folks shop for me. But DAC wishes you all a very Merry Christmas and a Happy New Year and we'll be back next year to deliver more news for your reading pleasure:)

DAC would like to thank all our little elves that supply us with news for you. They work all year long with barely a mention but we do appreciate their work behind the scenes. Thank you one and all:)

NEXT - Don't forget Maggee Roffee's News and Information
December Information Summary - 7
Special Alerts and Information  or: http://members.aol.com/dac4va/information.htm

NEXT
FAST FACT
According to a new study, 56 percent of uninsured U.S. residents are ineligible for public health programs but cannot afford coverage, and 25 percent of adults under age 65 are eligible but not enrolled in public health programs ("The Uninsured and the Affordability of Health Insurance Coverage," Health Affairs, November 30, 2006).

NEXT
DISABILITY AMONG OLDER AMERICANS CONTINUES SIGNIFICANT DECLINE http://www.nih.gov/news/pr/dec2006/nia-01.htm

OLDER DRUG MAY BE MORE COST-EFFECTIVE FOR SOME PATIENTS WITH SCHIZOPHRENIA
http://www.nih.gov/news/pr/dec2006/nimh-01.htm

Legally blind woman, 94, bowls 244
http://www.breitbart.com/news/2006/11/30/D8LNK2NG0.html

Congress Aims to Fix Job Program for Disabled
By Bryan Denson, Jeff Kosseff, and Les Zaitz
http://www.newhousenews.com/archive/denson112706.html

AND FREE TO FIRST RESPONDER:) "Point & Speak software"
Hi Keith,
I was wondering if you know of anybody who would like a Dragon Systems Point & Speak speech recognition software. Still new and in the box, free to a good home. My husband is slow typing and had all intentions of using this to create letters etc. and then never installed it. If you know of anybody, let me know and I will ship it to them.  Great Deal Folks please send your inquiries to "dac4va@aol.com" and I will forward your responses.....first come, first get........thax Sunny:)


Much more news so read, enjoy and comment if you wish:)  Cya next year.....

Keith-

========================================================
1. RECENT HUD SECTION 504 COMPLIANCE REVIEWS
2. TIME FOR NEGOTIATION
3. PARENTS SHOULDN'T HAVE TO TRADE CUSTODY FOR TREATMENT
4. DEAR MARCI - CHANGING DRUG PLANS
5. 2007 NEW FREEDOM INITIATIVE CONFERENCE
6. SpEd - BUY YOUR FAVORITE EDUCATOR A GREAT RESOURCE THIS X-MAS
========================================================
********************************************************
RECENT HUD SECTION 504 COMPLIANCE REVIEWS
********************************************************  
Recent HUD Section 504 Compliance Reviews -  Information Bulletin # 185 
(12/06)

HUD conducts Section 504 Compliance Reviews of public housing authorities to determine, for example, if the housing authority has 5% of its units fully compliant with the Uniform Federal Accessibility Standards and if the housing authority has a people with disabilities who require the accessibility standards actually residing in the accessible units.

After HUD conducts a Section 504 Compliance Review, HUD issues a Letter of
Findings in which it spells out any Section 504violations. After a Letter of Findings is issued, HUD and the Housing Authority negotiate a Voluntary Compliance Agreement.  HUD has taken the position that until a Voluntary Compliance Agreement is signed, the Letter of Finding is part of the "deliberative process" and cannot be obtained from HUD.

We have obtained a list of HUD's Section 504 Compliance Reviews conducted
since January 1, 2004.  (We know that there were many more done before January 1, 2004, but we do not have them.)

The following list was not divided by State or arranged alphabetically so you'll have to review all of them to determine if HUD conducted a Section 504 Compliance Review of your Housing Authority since January 1, 2004.

IF your Housing Authority is listed, you should use your State's Open Record law to obtain HUD's Letter of Findings and you should ask for a copy of the Voluntary Compliance Agreement, or you should ask your local Housing Authority for a copy of the Letter of Findings and Voluntary Compliance Agreement.

Without obtaining the Letter of Findings and Voluntary Compliance Agrement, disability advocates cannot know if your Housing Authority, at least according to HUD's findings, are in compliance with Section 504.

HOUSING AUTHORITY SECTION 504 COMPLIANCE REVIEW JANUARY 1, 2004 to PRESENT (12/06)

Quincy (MA) Housing Authority
E. Providence (RI) Housing Authority
Bridgeport (CT) Housing Authority
Burlington (VT) Housing Authority
Warren (RI) Housing Authority
Bangor (ME) Housing Authority
Leominster (MA) Housing Authority
Saugus Housing Authority
New London (CT) Housing Authority
North Adams (MA) Housing Authority
Pawtucket (RI) Housing Authority
Bennington (VT) Housing Authority
Dracut (MA) Housing Authority
Concord (NH) Housing Authority
New Haven Housing Authority
New Bedford Housing Authority
Beverly (MA) HA
Sanford, (ME) HA
Newport (RI) HA
Norwalk (CT) HA
Bayonne Housing Authority
Neptune Housing Authority
Cedar Grove Senior Citizen Housing Authority
Rochester Housing Authority
Niagara Falls Housing Authority
Kenmore Municipals Housing Authority
Village of Nyack Housing Authority
Mount Vernon Housing Authority
Ramapo Housing Authority
North Tarrytown Housing Authority
Corry Housing Authority
Clarion County Housing Authority
Easton Housing Authority
Bethlehem Housing Authority
Crisfield Housing Authority
Havre de Grace Housing Authority
Alexandria Housing Authority
Philadelphia Housing Authority
Frederick Housing Authority
Hampton Redevelopment & Housing Authority
Housing Commission of Anne Arundel
Miami-Dade Housing Agency
Montevallo Housing Authority
Gainesville Housing Authority
Cookeville Housing Authority
Rock Hill Public Housing Authority
Virgin Islands Housing Authority
Bay St. Louis Housing Authority
Attalla Public Housing Authority
Jefferson City PHA, TN
Woodruff PHA
Gainesville Housing Authority (Multifam, Project Based Section)
Atlanta Housing Authority -
Cleveland Housing Authority
Mississippi Region 8 Housing Authority
Myrtle Beach Housing Authority
Louisville Metro Housing Authority
Gainesville Housing Authority
Northland Village Apts.
Paw Paw Housing Commission
Hillsdale Housing Commission
Taylor Housing Commission
INPLS AHEPA 232 Apartments
Bloomington H.A.
South Milwaukee
St. Louis Park
Willow Wood Apts
Superior Housing Authority/SS-WI
Granite City
Ferndale Housing Commission
New Albany Housing Authority
South St. Paul
Warren MHA
Livingston County Housing Authotity
Roseville Housing Commission/
Columbus Metropolitan Housing Authority (OH)
Lafayette Housing Authority (IN)
Columbus MHA/Murphy-OH
Sparta Housing Authority(WI_
Jefferson Housing Authority (IN)
St. Paul Public Housing/MN
Indianapolis Housing and CDA (OH)
Terre Haute Housing Authority - Garfield Towers
Houston Housing Authority
Albuquerque Housing Services
Ft. Smith Housing Authority
Benton Housing Authority
Lubbock Housing Authority
Dallas County Housing Assistance Program
HA of Las Vega, NM
Housing Authority of Rockwall, TX
Housing Authority of Plano, TX
Housing Authority of Jacksonville, AR (ARK)
Housing Authority of Oklahoma City (OKC)
Housing Authority of the City of Huntsville, TX (HO)
Lafayette Housing Authority
Shawnee Housing Authority (OKC)
North Little Rock H.A. (LR)
Sinton Housing Authority (SA)
Santa Fe Civic Housing Authority
Jasper Housing Authority
Waco Housing Authority (FTW)
Fort Worth Housing Authority (FTW)
Dallas HA-Roseland Homes HOPE VI (FTW)
KC-Smithville HA
OM-Missouri Valley Housing Authority
STL-St. Charles HA
OM-Des Moines Municipal Housing Agency
STL-Chaffee Housing Authority
STL-Sikeston Housing Authority
OM-Davenport Housing Authority
STL-Columbia (MO) Public Housing Authority
KC-Parsons Housing Authority
OM-Omaha Housing Authority
OM-Scottsbluff Housing Authority
STL-St. Louis Housing Authority
STL-Charleston Housing Authority
Denver Department/Human Services, Denver, CO
Lakewood Housing Authority, Lakewood, CO
Rolette County Housing Authority, Rolette, NC
Missoula Housing Authority, 9th Street Development
Carbon County Housing Authority, Carbon, UT
Great Falls Housing Authority, Great Falls, MT
Davis Community Housing Authority
Housing Authority of Billings, Billings, MT

    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 or call 215-627-7100.  
--
Steve Gold, The Disability Odyssey continues

Back issues of other Information Bulletins are available online at
http://www.stevegoldada.com

********************************************************
TIME FOR NEGOTIATION
********************************************************
Time for Negotiation

December 14, 2006 • Volume 6, Issue 49

As we near the end of Part D’s first year, the Bush administration would like us all to ignore logic and common sense in order to believe that plans are securing low drug prices for people with Medicare. Through market competition, the administration claims, the Medicare private drug plans are proving to be more successful at negotiating down drug costs than the federal government would be.

We are also told that letting the government step in to bargain will result in doom and disaster. Health and Human Services (HHS) Secretary Michael Leavitt declared, ominously, that lifting the prohibition of government negotiation would lead directly to socialized medicine. The pharmaceutical industry, reaping in huge profits this year due to Part D, is also launching a propaganda campaign to scare consumers into thinking government price negotiations will halt research and development of life-saving drugs.

Luckily, the American public isn’t buying the spin.

A newly released poll conducted by the Kaiser Family Foundation and the Harvard School of Public Health finds that the vast majority of Americans support allowing the government to negotiate Medicare drug prices. That support spans the political spectrum: 92 percent of people who identify themselves as Democrats favor allowing government negotiation, as do 85 percent of Independents and 74 percent of Republicans.

Part D plans are simply passing increases in drug prices directly on to members while many people with Medicare struggle to afford their medicines. And they have been unable to match the lower drug prices state Medicaid programs used to get for people with both Medicare and Medicaid, giving the pharmaceutical industry billions of dollars in extra profit this year. People of all political stripes recognize that something needs to change—and soon.

By using the collective clout of 43 million members, Medicare can obtain drug prices that actually benefit older adults and people with disabilities, rather than the drug industry.

Repealing the ban on Medicare drug price negotiations is one of the top issues on the agenda announced by House Speaker-elect Nancy Pelosi for the first 100 legislative hours of the new Congress.

Allowing the government to negotiate lower drug prices for people with Medicare will be a tremendous first step, but Congress should not stop there. The ultimate fix is what our legislators should have implemented in the first place: a drug benefit provided directly through Medicare.

Unlike the current set-up, a Medicare-administered drug benefit would provide reliable, affordable coverage for people with Medicare. Instead of senseless coverage gaps, out-of-control drug costs and confusing formulary changes, older adults and people with disabilities would finally have the dependable drug coverage they need.
(thax medicarerights)

********************************************************
PARENTS SHOULDN'T HAVE TO TRADE CUSTODY FOR TREATMENT
********************************************************
Parents shouldn't have to trade custody for treatment

12/06/2006

By LARRY O'DELL  / Associated Press

Parents who cannot afford treatment for their severely mentally ill children shouldn't have to hand them over to the foster-care system to get them the help they need, Attorney General Bob McDonnell said Wednesday.

In an advisory opinion, McDonnell said a misinterpretation of the state Comprehensive Services Act by some localities has forced parents to choose between foregoing treatment and giving up their children to the state in order to access foster-care mental health funding.

"Once the child is placed in foster care, mental health services are mandated by CSA," McDonnell wrote. "However, this choice infringes upon the compelling state interest in supporting and maintaining the family unit."

He said the General Assembly intended the 1992 law to be interpreted broadly to make services available to any child who needs services, regardless of who has custody.

"It is inconceivable that the best way to provide such services to a child and his family is by an interpretation that tears the family asunder," McDonnell wrote.

He added that the "wrenching and potentially tragic" practice of compelling parents to surrender custody to the state also might violate the U.S. Constitution, which protects parents' right to determine the care and custody of their children.

Voices for Virginia's Children, a nonprofit child advocacy organization, issued a news release lauding McDonnell's opinion.

"I have witnessed friends who have made the decision to relinquish custody so that their child could receive services," said Kathy May, director of the organization's northern Virginia office and the parent of a child with special needs. "The long-term consequences of that choice can strain the physical and mental health of all family members and can even lead to divorce and substance use disorders."

Attorney generals' opinions are not binding but carry some weight with judges, legislators and executive branch officials. The opinion was sought by Del. William Fralin, R-Roanoke, who has unsuccessfully pushed legislation addressing the problem.

Fralin called McDonnell's opinion "a significant step" but said that further action may be needed to ensure that the advice is followed.

"We may need legislation to tighten it up and nail it down," Fralin said in a telephone interview.

At the very least, the General Assembly will have to come up with additional funds to provide services for children whose parents have opted to skip treatment for them rather than give up custody. Officials don't know how many parents have made that choice.

Nearly 2,400 children were voluntarily placed in foster care from 2003 through 2005, according to the Department of Social Services. However, not all of those placements were for the primary purpose of obtaining mental health services.

State budget analysts who reviewed Fralin's legislation estimated it would cost state and local governments about $3 million for every 100 children provided mental health services outside the foster care system.

McDonnell's chief deputy, William C. Mims, noted that the Joint Legislative Audit and Review Commission is expected to recommend Comprehensive Services Act reforms next week, and a commission formed by the Virginia Supreme Court's chief justice will issue a report next year.

"There are some legislative changes needed to ensure that children who have mental health problems are able to get help before they have to go into a residential facility," Mims said. "Right now, that continuum of services often is not available."
(thax J.B.)

********************************************************
DEAR MARCI - CHANGING DRUG PLANS
********************************************************
Dear Marci,

I am trying to decide whether or not to leave my current Medicare drug plan. I had such a difficult time getting it to cover some of my prescriptions this year, and now I found out it won’t cover some of my other prescriptions next year. I don’t want to start over—what can I do to make sure my drugs are covered in 2007?

–Frank (Virginia Beach, VA)

Dear Frank,

First you should look at the plans in your area once again to see if there is one that will cover all your drugs and/or cost you less. Remember that the 2006 plans are changing and new plans are being offered, so you may find one that meets your needs better for 2007.

If you still want to stay with your current plan after you check all your options, find out exactly what is changing next year. If your doctor had to make a special request this year for your plan to cover a drug for you (such as a prior authorization or exception request), and you will need the same medication next year, call your plan and ask what you need to do to make sure it keeps covering your drug.

Your doctor may have to submit a new exception request. If so, he or she should try to do so before the end of this year to ensure your drug will be covered when the New Year begins. You can also have your doctor file an exception request now for those drugs that your plan covered this year but will not cover in 2007.

You should also know that if next year your plan removes a drug you are taking from its formulary at any time during the calendar year for any reason other than safety or because a generic version of a brand-name drug became available, it must continue to cover that medication for you until the end of the year.

Remember: You have the right to request that your plan cover a medically necessary drug not on its list of covered drugs (formulary) when

your doctor prescribes a drug not on your plan’s formulary because your doctor believes the drugs on the plan’s formulary will not work for you;
your plan replaces a brand-name drug you are taking with a generic version, and only the brand-name will work for you.
What you are requesting is called an exception. As part of your request, your doctor must certify that the drugs covered are not as effective or may be harmful to you.

And a special note for people with Medicare and Medicaid:

In some states, Medicaid will pay for some medications that your Medicare private drug plans do not cover. Each state plan is different, so find out what your state is doing and how it may be changing next year.

–Marci
(thax medicarewatch)

********************************************************
2007 NEW FREEDOM INITIATIVE CONFERENCE
********************************************************
The 2007 New Freedom Initiative Conference
Access to Community Living: Promoting Independence and Choice
March 5-7, 2007
Marriott Waterfront Hotel
Baltimore, Maryland

The Centers for Medicare & Medicaid Services (CMS) announces its 7th New Freedom Initiative Conference, "Access to Community Living: Promoting Independence and Choice."

"Choice and Independence" is a key pillar of CMS' vision for a person-centered long term services and supports system for the future. The 2007 conference will focus on the policies, programs and tools, including opportunities authorized by the Deficit reduction Act of 2007, available to shape and carry out the vision.

The agenda will include presentations on CMS's Roadmap for Reform and perspectives from consumers and advocates. Concurrent sessions will address components of programs that promote independence and choice. Participants will have opportunities to meet with CMS officials to discuss the roadmap, the options available and give their recommendations for reform.

Registration Application
Participants must apply to register for the conference. CMS will approve up to ten registrants from each state. Additional applicants may be approved once all states have had a chance to register. We encourage participation by Medicaid directors and staff, grantee project directors and staff who work on your grants or who are working on programs that promote home and community based services, consumers and other stakeholders.

To begin your application process, please go to www.nashp.org/cmsconference2007 and select "Register on line" at the bottom of the page.

Please do not make airline or hotel reservations until your application has been approved by CMS. You will receive a email confirmation once it has been approved.

There is no registration fee for this conference. Funds for the travel and hotel costs may be available from the grants awarded to your state. A limited number of scholarships will be available to cover the travel costs for consumers. (See registration application).

Poster session
We welcome proposals for the poster session which will be part of the conference reception on Monday evening from 5:30 - 7:00 pm. The general poster session request form is attached.

For More Information
Contact Jen Tabor at the National Academy for State Health Policy (jtabor@nashp.org or 207-874-6524) if you have questions. More information about the conference will posted to the conference web site as it becomes available at - www.nashp.org/cmsconference2007

********************************************************
SpEd - BUY YOUR FAVORITE EDUCATOR A GREAT RESOURCE THIS X-MAS
********************************************************
In the Spotlight
Buy Your Favorite Educator a Great Resource this Christmas
I've compiled a list of great resources that educators, not just special educators may enjoy. Why not treat your favorite educator to one? Great Picks to Support Children with Aspergers Books to...read more

Modifications: Fair?
Modifications may include extending time frames to complete tests or reducing the amount of questions on a test, or providing preferential seating arrangements, or giving audio instead of written formats....read more

Attention or Detention?
When our children present us with inappropriate behaviors and you really want to give detentions, always understand that these behaviors are usually a cry for attention. Why do some students...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 V7-#31  Wednesday, November 29, 2006 -- No Vote, No Voice!  
========================================================
With the war in Iraq being the big news lately and Iran and Syria salivating over the thoughts of a possible complete U.S. withdrawal, I'm wondering if anyone in the administration has given any thought to just placing another dictator in charge of Iraq? Iran would love to have control over the entire region and although President Bush denies Iraq is in a civil war, he seems to be the only person that just won't admit that Iraq has been in a civil war for several months.

In my opinion, I think talking with Iran and Syria to help bring stability to an unstable Iraqi government is simply a waste of time and a poor political decision. There are three factions all wanting a piece of the Iraqi treasure trove, oil. The Sunnis, Shia's and Kurds are never going to agree to work together on anything, anytime soon. It's time to bring in a strong leader, just as we did with Saddam Hussein a few years ago, where we can at least try to pull their puppet strings. A democratic country will never happen in a land who has known nothing but war, terror and totalitarian rule and a dictator is about the only logical choice. That is, unless we plan on keeping our troops in Iraq for several years to come fighting a war whose legitimacy is still being questioned. Anyone looking for a job as dictator???????  Just my thoughts......kk- 

NEXT
ABA National Conference on the Employment of Lawyers with Disabilities Report & Recommendations
http://www.abanet.org/disability/

A federal judge has ordered the Treasury Department to resize currencies so that the blind can differentiate the bills.
http://www.washtimes.com/business/20061128-115226-7349r.htm

Medicare Drug Program Costs Down <--could low enrollment be the answer? http://apnews.myway.com/article/20061129/D8LMJ75O1.html

Double amputee drives Formula one car
http://sports.myway.com/news/11262006/v8661.html 

Public Transit not wheelchair friendly
http://apnews.myway.com/article/20061125/D8LK7SFG0.html 

Domingo Lends His Voice To Hearing Impaired
http://apnews.myway.com/article/20061125/D8LKDC5O0.html 

Blind World Soccer Championships
http://www.cnn.com/2006/WORLD/americas/11/24/blind.soccer.ap/index.html?eref=rss_topstories

Panel recommends changes in Medicaid
http://www.nytimes.com/2006/11/23/washington/23medicaid.html?ex=1164949200&en=7e4b449951378c43&ei=5065&partner=MYWAY

Proof is Scant for Psychiatric Drug Mix for Young
http://www.nytimes.com/2006/11/23/health/23kids.html?ex=1164949200&en=f9b416d88f0a4816&ei=5065&partner=MYWAY

AND A JOB!
Director, Assistive Technology Services Position Open
The ADA Coordinator's Office at OSU is accepting applications for the Director, Assistive Technology Services. The successful applicant will provide leadership, technical direction and support to the campus community in the area of assistive technology for people with disabilities. Primary responsibilities include serving as a liaison with the CIO's office, delivering training and support to central IT staff; providing training and second tier support for faculty and staff that require the use of assistive technologies in their daily work and developing protocols and providing assistance in evaluating IT purchases for compatibility with institutional and benchmark standards.

Minimum requirements include a Bachelor's Degree in Instructional Technology or equivalent and detailed knowledge of and at least 2 years experience working with assistive technology including hardware and software. For a complete position description and to apply online, please go to www.jobsatosu.com and reference 324643.

To build a diverse workforce Ohio State encourages applications from individuals with disabilities, minorities, veterans, and women. EEO/AA employer.

L. Scott Lissner, ADA Coordinator
Office Of The Provost

FINALLY
Please read our first story "Three Years Later" about a recap of the abuses that occur in New Jersey's group homes. Sad thing is, this goes on nationwide.


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

Keith-

========================================================
1. THREE YEARS LATER
2. A HOUSING VICTORY - BY STEVE GOLD
3. DEAR MARCI - EXTRA HELP PREMIUM
4. VBPD SEEKS LEADERS FOR YOUTH LEADERSHIP FORUM
5. MEDICAID DIRECTORS FRUSTRATED BY FEDS
6. TO CAPITALIZE OR NOT - PICTORIAL WEB SITE - PROMOTING LEARNING
========================================================
********************************************************
THREE YEARS LATER
********************************************************  

THREE YEARS LATER

The death of my precious, loving niece Danielle was a personal tragedy for my family and me but the experience also opened my eyes to the fact that we were not alone. There were far too many families of people with developmental disabilities in New Jersey in situations just as tragic as ours.

Their stories would not seem out of place alongside those of Faheem Williams or the Jackson boys, but these are the people the public never sees. They remain warehoused in state institutions, private facilities, group homes, county special services school districts, and other segregated placements where the abuse and neglect they suffer does not result in major “reform” efforts or lead to the creation of an entirely new state agency devoted to their care and protection. When they die at the hands of their caregivers, no one is held accountable. Their deaths are dismissed as “isolated incidents” and their abuse is not simply ignored, but sanctioned by DDD as a form of “treatment.”

My determination to ensure that Danielle’s death was not written off as a tragic, isolated incident - swept under the carpet to join all the other isolated incidents – has not wavered over time. My discovery of all the inactions that led to Danielle’s death, made me outraged, but it also made me realize how urgent and critical was New Jersey’s need to take a serious look at how it cares for its citizens with disabilities. 

As a strong advocate for Danielle's Law, I have communicated every way possible to inform DHS/DDD about the inconsistencies in training related to Danielle's Law. In fact, I have even requested that DHS "partner" with DHSS, who oversee EMT's, to offer training by certified EMT's. There is way too much chaos and confusion as to when to place that life or death call to 911. Retraining is needed and critical at this time.

In my opinion, DHS/DDD have not kept their commitment to keep facilities, caregivers, and advocates informed about every aspect of the law by continuing to build Public Awareness. DHS/DDD needs to be more forth coming with information ~~~~ it may just be what we need to reach that common goal, to ensure that our most vulnerable citizens are protected as we would protect anyone who is in needs of life or death emergency care. How can DHS/DDD legitimately claim to represent the interests of consumers with developmental disabilities when they continue to undermine the law? They can’t. They continue to recreate the current arrangement. Most of all, if DHS/DDD continues to operate as it has been, without oversight and accountable to no one, it will need a bigger carpet if it hopes to have room underneath for all the “isolated incidents” it will need to conceal in the future.

Unfortunately, we cannot ask Danielle what she would have wanted a law in her name to look like, but I can promise you that, if we did, she would not have answered, “more of the same.”

Sincerely,

Robin Turner (Danielle's Aunt, Guardian, & Her Advocate)

********************************************************
A HOUSING VICTORY
********************************************************
A Housing Victory - Information Bulletin # 184 (11/06)

On November 20, 2006, after four years of struggle, the Pittsburgh Three Rivers Center for Independent Living and the Housing Authority of the City of Pittsburgh entered a Court approved class action Settlement Agreement. This victory follows several losses in court and shows what can be accomplished when local disability advocates vigorously fight for accessible, affordable, integrated housing and when they are truly committed to enforce the civil rights in Section 504 of the Rehabilitation Act.

The Settlement Agreement requires substantial number of UFAS (Uniform Federal Accessibility Standards) public housing units to be developed by the Housing Authority.  Specifically, 321UFAS accessible units will be developed from the Housing Authority's existing housing inventory.  These will reflect the full range of both bedroom sizes and geographical locations.  These will also result in 10% of the public housing for seniors and 5% for families be fully UFAS accessible.

It also requires private developers in Mixed-Income Communities receiving public housing subsidies have 10% of their existing units UFAS accessible.

Further, HA's planned new housing shall have 10% of the units UFAS accessible, thus increasing the overall public housing inventory to above 8% UFAS accessible.

Regarding the Housing Authority's obligations to "maximize the occupancy of UFAS accessible units" by individuals needing these units, the Settlement Agreement goes beyond the federal regulations.  For example, it provides that persons who need accessible units may apply for the "first available" accessible unit in any of HA's projects and be placed on all waiting lists, and information regarding all of the accessible units will be made available.

The Settlement Agreement puts the Three Rivers Center for Independent Living at the table with the HA and any private developers.  For example, if the HA has an accessible unit and does not know of a person who needs it, the HA shall notify TRCIL "before leasing such unit" to a nondisabled person "in order to allow TRCIL to locate a person who needs and qualifies for such a unit."

The HA agreed to work with TRCIL to assure that residents in nursing homes with disabilities are afforded equal access to accessible units.

Disability Advocates:

There are many, many public housing authorities throughout the country that violate Section 504 of the Rehabilitation Act because they do not have at least 5% of their units UFAS accessible and have not maximized occupancy of accessible units. The question is why other Centers for Independent Living and other disability advocates have not accomplished or even tried to achieve these results for persons with disabilities in their communities, especially since HUD in the spring, 2006 allocated $2.2 billion for capital improvements.  See HUD Allocates Capital Funds and Accessible Units, Information Bulletin #163.

"Power concedes nothing without a struggle."

Steve Gold, The Disability Odyssey continues

Back issues of other Information Bulletins are available online at http://www.stevegoldada.com with a searchable Archive at this site divided into different subjects.  To contact Steve Gold directly, write to stevegoldada@cs.com or call 215-627-7100.

********************************************************
DEAR MARCI - EXTRA HELP PREMIUM
********************************************************
Dear Marci,

I get Extra Help and I just got a letter from my Medicare drug plan that the premium is increasing next year. Do I need to find a plan with a lower premium to continue getting Extra Help?

–Sherry (Union, NJ)

Dear Sherry,

It depends on how you ended up in your current plan.

If you were assigned to a plan by Medicare last year and stayed in it, you will be reassigned to a new plan for 2007. The new plan will have a premium at or below the Extra Help premium amount for your state. You will get a reassignment letter from Medicare telling you what new plan you have been enrolled in for 2007. You need to make sure the new plan will cover your drugs without too many restrictions and will work at your pharmacies.

If you picked your own Medicare drug plan last year or were assigned by your state, then technically you were not assigned to a plan by Medicare and you will not be reassigned to a new plan in 2007 by Medicare. You may want to change plans if your current plan is increasing the premium above the Extra Help premium amount for your state.

If you do not and you stay in your current plan, you will have to pay the difference between your new premium and the amount Extra Help will cover. To find out what that amount is in your state, visit Medicare Interactive. You should also check with 800-MEDICARE to make sure the plan you choose offers basic coverage. If it offers any additional coverage, you will have to pay the portion of the premium that is for that enhanced coverage.

Note: If you have full Extra Help (not partial), you can join a plan with a premium that is up to $2 above the amount Extra Help will pay for in your state without having to pay the difference.

Stay tuned next month for more tips on how to prepare for the New Year!

–Marci


Medicare Drug Benefit: Helping or Hurting?

Marci is collecting stories about the new Medicare drug benefit for the Medicare Rights Center’s Part D Monitoring Project. Is it working for you and your loved ones? If not, why?

Tell us about it by visiting www.medicarerights.org/partdstories.html.

Spread the Word About MARCI

Tell your friends, colleagues and clients to sign up to receive Dear Marci and other Medicare policy and news updates from the Medicare Rights Center by visiting www.medicarerights.org/subscribeframeset.html today!

The Medicare Rights Center (MRC) is the largest independent source of Medicare information and assistance in the United States. Founded in 1989, MRC helps older adults and people with disabilities get good, affordable health care.

For reprint rights, please contact AZeno@medicarerights.org.

********************************************************
VBPD SEEKS LEADERS FOR YOUTH LEADERSHIP FORUM
********************************************************
Virginia Board for People with Disabilities Seeks Young Leaders for Youth Leadership Forum

Wanted!  Young Leaders for the Virginia Board for People with Disabilities’
Youth Leadership Forum

The Virginia Board for People with Disabilities (VBPD) seeks candidates from across Virginia to serve as delegates to its 2007 Youth Leadership Forum (YLF).  The 2007 Forum will be hosted at Christopher Newport University in Newport News from July 9-13, 2007.  Twenty-five Virginia high school students with disabilities will be selected to receive full scholarships to participate in this exceptional leadership development program.

Sponsored by VBPD, the Forum’s goals are to educate students with disabilities about the principles of leadership, build their self-confidence and advocacy skills, and better prepare them for future career choices.  Rising high school juniors and seniors who want to become leaders in their schools and communities are strongly encouraged to apply for the rewarding and privileged honor of serving as a 2007 YLF delegate.

CD-ROMs which include YLF 2007 information, application materials, and a YLF video vignette have been mailed to school districts and disability-related agencies throughout Virginia.  To be considered, students’ applications must be post marked by March 23, 2007.

For more information or to obtain an application, contact Teri Barker-Morgan or Jennifer Peers at 1-800-846-4464 (toll-free, voice/TTY) or by e-mail at jennifer.peers@vbpd.virginia.gov.  Applications and additional information, including a poster, flyer, and other recruitment materials, can also be downloaded from the Virginia Board for People with Disabilities’ website at http://www.vaboard.org/ylf.htm. 

********************************************************
MEDICAID DIRECTORS FRUSTRATED BY FEDS
********************************************************
Medicaid directors frustrated by feds
By Daniel C. Vock, Stateline.org Staff Writer  

State Medicaid officials, meeting in Washington, D.C., made no progress this week in their standoff with the Bush administration over its plans to cut more than $12.2 billion over five years without consulting Congress.

A top official from the federal agency that oversees Medicaid told state Medicaid directors that the Bush administration plans to go ahead with new administrative rules that will crack down on controversial accounting maneuvers used by many states.

Dennis Smith, director of the federal government’s Center for Medicaid and State Operations, said issuing new regulations would ensure that all states played by the same rules when trying to secure matching grants from the federal government to run Medicaid, the joint state-federal health insurance program for the poor.

He said some states take advantage of ambiguously worded laws in order to recover more than their fair share of federal money. In their efforts to get funding for running Medicaid services in schools, some states claim that their administrative expenses are higher than the cost of the actual service, Smith said.  

“Looking at the numbers, if you were sitting where I’m at, you’d be scratching your head, too,” he told a packed conference room at a gathering of the National Association of State Medicaid Directors.

But state officials said they’ve been in the dark about the administration’s plans since February when President Bush announced that he would seek the new rules.

The states, medical providers and “clear majorities” of the U.S. House and Senate oppose the changes, but there’s not much states can do if the Bush administration goes ahead with the cuts anyway, said Matt Salo, the chief health care lobbyist for the National Governors Association.

“The problem was never political; the problem was always financial,” he said. Much of it has to do with how Congress crafts its budgets, and the election results from November will make things more difficult.

U.S. Rep. Nancy Pelosi (D), who is in line to be speaker of the House next year, has vowed that the incoming Democratic majority will find a way to pay for all new expenses in the budget process. But if Pelosi and the House Democrats stick to their “pay-as-you-go” promise, they will have to find more than $12.2 billion somewhere else in the budget in order to reverse the new rules.

Among the changes the administration wants to make are:

*Reducing the maximum tax states can impose on providers, such as hospitals, from 6 percent to 3 percent. States often use the revenues from these taxes to get federal matching grants. They then return most of the federal money to the providers, but the states take a cut for themselves.
*Making sure government providers, such as public hospitals, are only reimbursed for the cost of the services they provide.
*Further limiting the use of “intergovernmental transfers” – money passed from entities, such as public hospitals, to the states that is often used to boost federal revenue.
*Redefining which “rehabilitative services” states can claim for federal matching grants.
*State officials note that they’ve been using many of the disputed practices for years with the federal government’s approval.

The Bush administration proposed the same types of cuts nearly two years ago, but Congress balked. This year, lawmakers were still upset. In the U.S. House, 82 Republicans and the entire Democratic caucus signed letters objecting to the proposed changes.

But the biggest obstacle for the administration might be drafting rules that won’t get bogged down in administrative hearings or knocked down in court, said the NGA’s Salo.

Tension between the federal Medicaid officials and their state counterparts also has increased because of the Bush administration’s heavy auditing of state Medicaid programs.

Smith, of the Centers for Medicare and Medicaid Services, said the federal government used the auditors to give them a better picture of Medicaid.

But many state officials chafe at the constant scrutiny. They say it takes away time and resources from serving their constituents.

“We don’t have anything that would amount to a hill of beans in anything you’d want to measure, but we’ve been audited three times this year,” Gregory Gruman, the administrator in charge of Wyoming’s Medicaid program, told Smith. Wyoming has 77,000 of the nation’s 55 million Medicaid recipients.

And some say the audits are heavy-handed tactics the Bush administration uses to put pressure on states to change their finances – or make other concessions – without passing controversial laws or regulations.

Smith, though, said the auditors could help state Medicaid officials by explaining which financial arrangements are “things of the past” that “cross the line.”

Among the other highlights from the NASMD conference:

West Virginia Gov. Joe Manchin III (D) told Stateline.org that Democratic governors would heed the upcoming recommendations of the Medicaid Commission, a group commissioned by the federal government to evaluate the Medicaid program. Democrats – and some Republicans – initially assailed the creation of the commission because they feared it would serve as a way for the Bush administration to argue for more cuts.

“We need that flexibility – Democrats and Republicans – to try something,” Manchin said. Democratic governors would be on board, but he couldn’t vouch for his party’s leaders in Congress, he said. The Medicaid Commission will vote on more than 200 recommendations later this week.

Former Health and Human Services Commissioner Tommy Thompson promoted his ideas for a “Medicaid Makeover” that includes making the federal government solely responsible for providing health care for the elderly. But the former Wisconsin governor said such changes are unlikely to happen until after the 2008 presidential elections. Thompson announced Wednesday that he’s considering whether to run in that race. In the meantime, Democrats in Congress are more likely to focus on retooling the Medicare prescription drug benefit, he said.

The NASMD released a survey that showed that only three states were using new authority to charge higher co-payments for prescription drugs, and five more were likely to do so. Eleven states said they wouldn’t be imposing the higher fees, and 23 said they likely wouldn’t but haven’t decided yet.
(thax S.W.)

********************************************************
TO CAPITALIZE OR NOT - PICTORIAL WEB SITE - PROMOTING LEARNING
********************************************************
To Capitalize Or Not
Students with learning disabilities often demonstrate weaknesses in grammar. Sometimes, these students will require additional direct teaching to understand when it's appropriate to use a capital letter or not. Regular...read more

Askability: Pictorial Web site
My fabulous find for today and a definite bookmark! More and more I seem to be coming across Web sites to support children and teens with disabilities. The...read more

Promoting Learning
Everything teachers do for the most part should lead to the goal. The goal, being permanent learning. Effective teachers have a great process in place to assess if the goal...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 V7-#30  Tuesday, November 21, 2006 -- No Vote, No Voice!  
========================================================
I've been alerted that someone has been "phishing" the dac4va email addy and sending out obscene letters leading to porn sites from one or more of our mailing lists. I can assure you it is not coming from DAC and ask if you've received any such letters that you forward it to DAC so we can catch these cretins.

Next, if you would "NOT" like to receive DAC newsletters please reply with "unsubscribe" and we will happily remove you from our mailing lists. Someone apparently reported us to AOL as sending spam and this account was frozen until I listened to some fool lecture me about something I told him I was already aware of. It reminded me of the person who tried to cancel their AOL account. If that happens again I may just use my other ISP. Who needs the aggravation of rude customer representatives? Not me....

In Virginia, for those on Consumer Directed waivers trying to pay their Personal Care Attendants the new Fiscal Agent, PPL is still having difficulty trying to straighten out  this payroll mess they've made and they are "slowly" getting folks paid, so hang in there. Maybe, just maybe, everyone will finally be paid in a timely fashion. There are also a couple of important announcements from DMAS and PPL as follows:

FROM DMAS:
Effective 12/15/2006 DMAS will close all operations for CD Payroll.

Outstanding time sheets or enrollments for BEFORE 9/28/2006 MUST be completed and at DMAS by 12/15/2006 in order to be processed and paid.

Anything received after 12/15/2006 cannot be paid because this office will be closed.  PPL cannot pay for time prior to 9/28/2006.

Any thing related to payroll before 9/28/2006 call DMAS at 804-225-4222.

Anything related to payroll after 9/28/2006 call PPL 1-866-259-3009

FROM PPL
Co-Pay Refund Notification

Dear Consumer,
Enclosed is a refund check for your attendant to reimburse for an excess co-pay / patient pay amount deducted from their pay in error. As you know, PPL must deduct the required co-pay amount as indicated on the most current DMAS-122 that is on file. Subsequent to making some of these deductions, we received an updated form DMAS-122 with an effective date prior to when the deduction was made. 

We are providing you with a refund check to adjust the attendant's pay to the proper amount.  If you have already provided your attendant with the original co-pay amount, you should ask the attendant to endorse the check to you to provide you with the refund.

Please contact PPL Customer Service toll-free at 866-259-3009 if you have any questions.

Sincerely,
Public Partnerships, LLC

NEXT <----DAC can not vouch for the following info: ....kk-
The Clay Aiken Able-to-Serve Grants (US applicants only)
The Bubel/Aiken Foundation and Youth Service America (YSA) are pleased to announce grants of up to $1,000 to support youth-led service projects in which youth with and without disabilities serve their communities together These grants support youth (ages 5-25), teachers, youth-leaders, youth-serving organizations, or organizations that serve people with disabilities in implementing service projects for National and Global Youth Service Day, April 20-22, 2007. Projects can address themes such as the environment, disaster relief, public health and awareness, community education, hunger, and literacy, and any issues youth identify as a community need.

To learn more, download application and grant guidelines, available at: www.YSA.org/awards.  Questions? Email abletoserve@ysa.org. Receipt deadline: Thursday, November 30. 

NEXT
NOTICE OF STATEWIDE INDEPENDENT LIVING COUNCIL
PUBLIC COMMENT FORUM
DATE:  Thursday, December 7, 2006
TIME:  12:30-2:30
LOCATION: Independence Empowerment Center
PHYSICAL ADDRESS:  9001 Digges Rd, Ste 103, Manassas, VA, 20110

The Statewide Independent Living Council (SILC) invites your attendance at a Public Forum to receive comment on the State Plan for Independent Living.  Every three years, the Virginia SILC (and all other states) prepares a State Plan. The comments received during the public forum will be used in the development of the 2007 - 2010 State Plan.

The purpose of the Statewide Independent Living Council is to develop and facilitate a three year State Plan for Independent Living, facilitate the goals and activities within the Plan and distribute Rehabilitation Act Title VII, Part B funds allocated by Congress. The funds are distributed to Virginia through a Federal Formula Grant.
The State Plan is continually monitored and revised every three years and must be submitted to the federal government by July 1 of each year. You may review the current State Plan by visiting the SILC website at www.VaSILC.org or the Department of Rehabilitative Services website at www.vadrs.org

If you cannot attend the forum in person, you may send your written comments to:

Lisa Grubb, Executive Director
11655 Explorer Drive
Midlothian, Virginia 23114
FAX (804) 897-7228

Or the below email address

For comments to be considered for 2007-2010 State Plan development, they must be received by March 15, 2007.  However, public input to the Department's planning efforts is welcomed at any time.

Sign language interpreter services will be provided.  If you require any other accommodation, or if you need driving directions, please contact Lisa Grubb at (804) 897-7228, or by email to VirginiaSILC@comcast.net

NEXT, ONE BEDROOM CONDO FOR SALE NEAR METRO
Condo is in Arlington, VB at The Chatham Condos in the vicinity of Arlington Blvd (Rt 50) and N. George Mason Dr. It is a 1 bedroom with living room, dining room, kitchen and bath. It's on the 5th floor with a balcony, 24 hr security & desk service, work-out facility, tennis court, swimming pool, pets allowed, pet run, party room, game room, metro bus stop in front of building. The address is 4501 Arlington Blvd Unit #526. It is listed with Long & Foster Reality, contact person is Sean Clark 703-521-4680. Or call the owner Donna at 1-843-235-1265.

NEXT - Brief Survey, c'mon take it:)
We are conducting a brief survey to learn about Virginians’ perceptions of the challenges facing Virginia, including the issue of affordable housing and we would like members and friends of the Virginia Housing Coalition to take the survey so as to gauge opinions on these issues. This survey is strictly for research purposes and your opinions will be collected along with those of other Virginians. At the conclusion of this survey you will have the opportunity to request a copy of the results once they are tabulated. Thank your for your participation.

Please click on the link below to take the survey and make your opinion count: http://opinion.researching.com/survey/s.phtml?sn=60741

Thank you.

Bob Adams, Virginia Housing Coalition

AND
I thought that you might be interested in this new website, a national clearinghouse for long term care information: http://www.longtermcare.gov/LTC/Main_Site/index.aspx
(thax J.S.)

International Day of Disabled Persons 2006
This message is sent to you as a courtesy from NCD. Questions should be directed to the UN. Thank you.  http://www.un.org/esa/socdev/enable/iddp2006.htm

Image Labeling for Blind Helps Machines 'Think'
http://www.washingtonpost.com/wp-dyn/content/article/2006/11/20/AR2006112001200.html

New Test For Alzheimer's
http://news.bbc.co.uk/2/low/health/5109510.stm

Growing Up With Autism
http://www.msnbc.msn.com/id/3032542/site/newsweek/

FINALLY
SAMHSA RELEASES RFAS FOR MENTAL HEALTH CONSUMER AND FAMILY MEMBER NETWORKING AND TECHNICAL SUPPORT
SAMHSA has just released three new Requests for Applications (RFAs) related to the promotion of mental health consumer and family member networking and technical support. These include funding opportunities for Statewide Consumer and Family Network Grants and Grants for National Consumer and Consumer Supporter Technical Assistance Centers. Please go to the following Web page for SAMHSA grants and look under Center for Mental Health Services to view the RFAs. 
http://www.samhsa.gov/Grants/2007/fy2007.aspx


DAC wishes everyone a Happy Thanksgiving!

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

Keith-

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1. INPUT NEEDED ON SURVEY FROM WHEELCHAIR & SCOOTER USERS
2. POWER MOBILITY CODES HAVE BEEN REFINED
3. DEAR MARCI - DO I APPLY FOR EXTRA HELP ON RX's AGAIN?
4. PUNISHING MENTALLY ILL
5. END THE WAIT
6. CHRONIC OBSTRUCTIVE PULMONARY DISEASE
7. DOL FORMS ALLIANCE TO PROMOTE EMPLOYMENT OF PWD's
========================================================
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INPUT NEEDED ON SURVEY FROM WHEELCHAIR & SCOOTER USERS
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Input on National Transportation Survey Needed from Wheelchair and Scooter Users

All questions should be directed to Easter Seals/Project ACTION

Action Alert

From Easter Seals/ Project ACTION

Attention Wheelchair Users, Scooter and Other Mobility Device Users: Help Remove Barriers and Improve Access to Public Transit and Paratransit Services

*Do you have experiences to share about using a wheelchair or other mobility device on public transportation?

*Would you like to do something to remove barriers, make rides more comfortable and improve access to public transit and paratransit services?

Your input is needed on a brief survey! Follow the link http://www.nelsonnygaard.com/project_action/survey.html to complete the survey.

The survey takes about 10 minutes to complete. Survey responses are needed as soon as possible and will be kept confidential. The survey will be available from Nov 1, 2006 to Nov 17, 2006. Wheelchair and scooter users, family members and personal care assistants are all encouraged to complete the survey. Activists are encouraged to respond and forward this alert to interested friends and colleagues.

Background

Easter Seals/Project ACTION is a federally funded research and demonstration program to improve access to public transportation for people with disabilities. This survey is part of a national study entitled, "Status Report on the Current Use of Wheelchairs and Other Mobility Devices on Public and Private Transportation." The study is being conducted by Easter Seals/Project ACTION. The results of the study will be used to identify ways to improve access to public transit and paratransit services, establish procedures for transit agencies, educate service providers and enhance the transportation experience of users.

The Americans with Disabilities Act (ADA) has greatly expanded the range of mobility options available to people with disabilities, particularly for wheelchair users riding various forms of public and private transportation. With increased ridership by wheelchair users, operational challenges specific to safely transporting wheelchairs and other mobility devices have emerged and need to be resolved. While research has been documented and discussed within a narrow circle of key stakeholders, Easter Seals/ Project ACTION has determined there is significant need to share existing information and best practices and to enable this information to be developed into policies and procedures that can be readily adapted by transit agencies and other stakeholders.

RL Grubbs
Research Scientist
Georgia Institute of Technology/ Wheeled Mobility RERC
Principal Investigator for Project ACTION
Tel: 404-894-4960
rl.grubbs@coa.gatech.edu
(thax NCD)

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POWER MOBILITY CODES HAVE BEEN REFINED
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Dear JFA Readers:

Your advocacy was effective! Here's the latest release from CMS regarding the power wheelchair coverage policy.

2006 Fee Schedule Amounts for Power Mobility Device Codes Have Been Refined

The Centers for Medicare & Medicaid Services (CMS) announced several refinements to the new fee schedule for power mobility devices (PMDs) which will improve the accuracy of Medicare payments for mobility technology. The resulting fees are higher for some codes than the set of fees released on October 2, 2006, particularly in the area of Group 3 (complex rehabilitation) chairs. In addition, the fee for the most commonly provided standard geriatric mobility (Group 2, standard weight captain's chair) PMD will also increase by approximately $300 compared to the fees announced in October. The new fee schedule for PMDs will take effect on November 15, 2006, as previously announced.

CMS is using the best available data for computing the revised fees. CMS is now using the August 23, 2006 product classification list and pricing database generated by the SADMERC. This database reflects the full and complete manufacturer applications, test results, and attestation, consistent with CMS' published requirements, and has undergone a thorough review by CMS and the SADMERC. In general, all of these changes have had an upward effect on pricing.

Today's announcement underscores CMS' commitment to ensuring that Medicare beneficiaries receive the appropriate mobility assistive equipment at the right price to meet their needs while being responsive to comments and feedback from the industry and other stakeholders.

For more information on the refinements please use the helpful tip sheet attached or you may click here:

www1.cms.hhs.gov/DMEPOSFeeSched/01a_Power_Mobility_Devices.asp

For More Changes to Wheelchair Coverage Policy, see: http://www.aapd.com/News/medicare/061110item.htm

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DEAR MARCI - DO I APPLY FOR EXTRA HELP ON RX's AGAIN?
********************************************************
Dear Marci,

I applied for Extra Help this year and got assistance paying for my prescriptions. Do I have to do it again for 2007?

–Ro (Toledo, OH)

Dear Ro,

It depends on when you applied for Extra Help and whether your circumstances have changed. If you applied for Extra Help
*after April 30, 2006, you will have Extra Help until the end of December 2007. Your eligibility for 2008 will be assessed in August 2007.
*before April 30, 2006, you were supposed to get a letter in late August 2006 asking you to confirm your basic financial information, including income and household size. (The letter is titled “Social Security Administration Medicare Prescription Drug Assistance Notice of Review.”) If you and your spouse applied for Extra Help on the same application, you will only receive one letter.

If you receive the letter “Social Security Administration Medicare Prescription Drug Assistance Notice of Review” and
*nothing has changed, you do not have to do anything. If you do not return the form, Medicare will assume you still qualify for Extra Help. If federal records also show that your income is still the same, you will continue to get Extra Help until December 31, 2007.

*your financial information listed in the letter is no longer correct, you should call Social Security or send back the form enclosed with the letter within 15 days. Medicare will then send you a form on which you can detail what has changed (the form is called a “ Social Security Review of Your Eligibility for Extra Help”). You must return this form within 30 days so Medicare can decide if you still qualify for Extra Help and determine how much Extra Help you should get (for example, you may be eligible for more assistance if your income is lower).

If you do not return this form, Medicare will assume that you no longer qualify for Extra Help and your assistance will end on December 31, 2006. If you request the review form and realize that nothing has changed, you can check a box that says this, but you must still return the form.

*your marital status has changed, Medicare will send you a different form (called Social Security: Reporting a Change that May Affect Your Extra Help”) asking you to detail the change. You must fill out this form and return it within 90 days.

Once you send in the necessary forms, you will get a notice telling you whether your Extra Help has stayed the same, increased, decreased or ended. Any changes to the Extra Help you are receiving will go into effect in January 2007.

If Medicare ends your Extra Help, you can reapply.

–Marci

NOTE: Did you know the average cost of one year of nursing home care is $74,095? Even if you don’t need such intensive care, the average cost of an assisted living facility is $34,860 annually and home care will run you around $19 an hour.

Spread the Word About MARCI
Tell your friends, colleagues and clients to sign up to receive Dear Marci and other Medicare policy and news updates from the Medicare Rights Center by visiting www.medicarerights.org/subscribeframeset.html today!

The Medicare Rights Center (MRC) is the largest independent source of Medicare information and assistance in the United States. Founded in 1989, MRC helps older adults and people with disabilities get good, affordable health care.
(thax medicarerights)

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PUNISHING MENTALLY ILL
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A STEP IN THE RIGHT DIRECTION
http://www.orlandosentinel.com/news/local/state/orl-inmate1506nov15,0,3788618.story

For mentally ill who are in jail, a growing clash

The state has been threatened with fines for failing to obey court orders.

Abby Goodnough
the New York Times

November 15, 2006

MIAMI -- For years, circuit judges here have ordered state officials to obey Florida law and promptly transfer severely mentally ill inmates from jails to state hospitals. But with few hospital beds available, Gov. Jeb Bush's administration began flouting those court orders in August.

Now, in a growing standoff between government and judges, the state is being threatened with steep daily fines if it does not comply. And at least one judge has raised the possibility that the secretary of the Florida Department of Children & Families could go to jail for contempt of court.

"This type of arrogant activity cannot be tolerated in an orderly society," Judge Crockett Farnell of Pinellas-Pasco Circuit Court wrote in an Oct. 11 ruling.

State law requires that inmates found incompetent to stand trial be moved from county jails to psychiatric hospitals within 15 days of the state receiving the commitment orders. Florida has broken that law for years, provoking some public defenders to seek court orders forcing swift compliance.

With the state rebuffing those orders, a rising number of mentally ill inmates, now more than 300, have been left without treatment in crowded jails because the state's 1,416 psychiatric beds are full.

Two mentally ill inmates in the Escambia County Jail in Pensacola died in the past year and a half after being subdued by guards, and in the Pinellas County Jail in Clearwater, a schizophrenic inmate gouged out his eye after waiting weeks for a hospital bed.

Public defenders in Miami-Dade County describe psychotic clients who have hallucinated, mutilated themselves and attempted suicide while awaiting transfer to hospitals. The state says that a shortage of beds and financing makes compliance impossible, and that court orders forcing the transfer of certain inmates are unfair to those who have waited longer.

Most judges have responded skeptically, asking why DCF has not sought more state money as the number of committed inmates has soared.

The agency cut its budget by $53 million this year, which public defenders say makes no sense given the inmate crisis and the state's $8 billion budget surplus.

Farnell said last month that he would start fining the department $1,000 a day for each mentally ill inmate who stayed in the Pinellas County Jail longer than 15 days.
(thax D.H.)

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END THE WAIT
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End the Wait

November 16, 2006 • Volume 6, Issue 46

Every year, many of the approximately 800,000 people who become disabled due to illness or injury are quietly denied access to needed health care. Five months after the Social Security Administration deems someone to be severely disabled, an individual can begin receiving disability insurance. But she must then endure an additional 24-month waiting period before receiving Medicare coverage.

Twenty-four months. That means that when the next presidential election rolls around, people who were deemed disabled in June of this year will finally have affordable, reliable medical insurance. Will our elected leaders have acted to remedy this injustice by then?

A bill to end the 24-month waiting period, sponsored by members of Congress from both parties, stalled last year. When fresh faces arrive on Capitol Hill in January, though, they will have another opportunity to stand up for people with disabilities.

It is imperative that they do. Legislation delaying needed health coverage for people with disabilities remains unchanged, at a time when the number of uninsured Americans continues to increase and medical bills have become the leading cause of personal bankruptcy.

The two main options now available for people with disabilities—COBRA coverage and Medicaid—have become increasingly untenable Under the COBRA program, workers who must leave their jobs under certain circumstances, such as a disability, can keep their health benefits for 18 months. But many people cannot afford the rising cost of coverage on their limited, fixed incomes: the average disability payment from Social Security is around $900 a month.

Others never even had access to employer-based insurance in the first place. The number of employers providing health benefits has been declining steadily over the past several years, particularly among those with high proportions of lower-wage workers.

Medicaid is also becoming a less viable safety net for people left without coverage, as states cut back on eligibility to curb spending. This year, 18 states reduced or restricted eligibility as a cost-containment strategy, and 45 states in total have done so in at least one of the past five years.

It’s clear that looking to COBRA and Medicaid is not the right solution. Eliminating the 24-month waiting period is.

Several of the candidates who were newly elected to Congress last week told the Medicare Rights Center during the campaign season that they will cosponsor legislation eliminating the 24-month waiting period. They are Senators-elect Ben Cardin, Democrat of Maryland; Claire McCaskill, Democrat of Missouri; Sherrod Brown, Democrat of Ohio; and Representatives-elect Ed Perlmutter, Democrat of Colorado; Ron Klein, Democrat of Florida; Patrick Murphy, Democrat of Pennsylvania; and Peter Welch, Democrat of Vermont.

It is time Congress abolishes this unjust and harmful two-year delay in Medicare coverage. People with disabilities have waited long enough.
(thax medicarerights)

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CHRONIC OBSTRUCTIVE PULMONARY DISEASE
********************************************************
Elder Law FAX

World COPD Day: Help for Sufferers of Chronic Obstructive Pulmonary Disease

World COPD Day is an annual event organized by the Global Initiative for Chronic Obstructive Lung Disease (GOLD) to improve awareness and care of chronic obstructive pulmonary disease (COPD) around the world. World COPD Day 2006 took place on November 15. The theme of this year's World COPD Day is "Breathless not Helpless!"

This year's theme was chosen to inform people who may be at risk of COPD -- but have not yet been diagnosed to have the disease -- that breathlessness is not an inevitable part of getting older.  Disease experts say that the good news is that there is something that can be done to address the symptoms associated with COPD.

Eleven million Americans, many of them over 65 years of age, live with COPD, which is now the fourth leading cause of death in the United States. Numerous U. S. Environmental Protection Agency (EPA) studies and other studies conducted around the world have demonstrated that those suffering with chronic obstructive pulmonary disease are currently among the most sensitive in all societies to air pollution.

Specifically, these persons are susceptible to elevated concentrations of particulate matter in the air they breathe. On days when levels of particulate matter exceed specific criteria levels, persons with COPD are expected to suffer more illness and greater numbers of deaths relative to others in our societies. On an annual basis, says the EPA, this will account for tens of thousands of deaths among those with COPD in this country alone.

An EPA fact sheet and poster entitled "Age Healthier, Breathe Easier" outline simple steps that older adults with these respiratory diseases can take to reduce and control the frequency of their symptoms. Simple steps that people can take to minimize their exposure or the exposure of a loved one living with COPD to environmental hazards include:

Avoiding tobacco smoke;
Avoiding smoke from wood burning stoves;
Reducing mold, dust mites and cockroaches in the home;
Checking the furnace and heating units annually;
Fixing water leaks promptly; and

Checking the air quality index through newspaper, television and radio reports, or through the Internet at http://www.epa.gov/aging.

A poster and fact sheet that help address environmental triggers for COPD are available for the EPA at http://www.epa.gov/aging/resources/epareports.htm#copd
(thax elderfax)

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DOL FORMS ALLIANCE TO PROMOTE EMPLOYMENT OF PWD's
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U.S. Department of Labor Forms Alliance with SHRM to Promote Employment of Workers with Disabilities

WASHINGTON — The Office of Disability Employment Policy (ODEP) of the U.S. Department of Labor and the Society for Human Resource Management (SHRM) recently established an alliance to encourage and promote the employment of people with disabilities.

The formal alliance, a first for ODEP with a major organization, will ensure that SHRM and ODEP stakeholders collaborate in this national effort by providing information, guidance, and access to resources.

"This alliance formalizes the relationship we have had with SHRM, benefiting SHRM as it serves its membership with the resources ODEP brings to the table and offering ODEP the opportunity for broader contact with human resource professionals," said Roy Grizzard, assistant secretary of labor for disability employment policy.

The new relationship between SHRM and ODEP will target areas in training and education, outreach and communication and technical assistance, and it will promote a national dialogue on the employment of persons with disabilities — a human resource that is underutilized. The partnership will also provide recruitment, hiring, and advancement information through educational, access and research activities.

SHRM is the world's largest association devoted to human resource management. Representing more than 205,000 individual members, the society's mission is to serve the needs of HR professionals by providing the most essential and comprehensive resources available. Founded in 1948, SHRM currently has more than 550 affiliated chapters and members in more than 100 countries.

The Office of Disability Employment Policy (ODEP) was authorized by Congress in the Department of Labor's FY 2001 appropriation. Recognizing the need for a national policy to ensure that people with disabilities are fully integrated into the 21st century workforce, Secretary of Labor Elaine L. Chao delegated authority and assigned responsibility to the assistant secretary for disability employment policy. ODEP is a policy agency in the Department of Labor.

For more information, visit ODEP online at www.dol.gov/odep under Circle of Champions.
(thax B.C.)

===============================
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.**

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DAC News V7-#29  Tuesday, November 14, 2006 -- No Vote, No Voice!  
========================================================
I've posted many stories throughout the years but I still get lots of requests for one particular story that happened to spark much interest. It took me a while to find this story but I've found it and am happily reposting it again, four years after my original posting of just one day to the year apart. So here it is in it's original content, I hope you enjoy it:)

There are many parents with autistic children and I hear their stories about what will they do with these children when they are to old to care for them.  Well, there are many degrees of autism and in some cases autism is no worse than the problems that so called abled bodied persons face.  In my first story called "Meesha's Story" you'll learn that no barriers are impossible to overcome if you just have the right attitude about your child while raising them.  This is a true life inspirational story for you to share with your families and I hope that you do.......Keith-

NEXT
Easter Seals Metropolitan Chicago Launches First-Ever Therapeutic School and Center for Autism Research

For Immediate Release

Contacts:
Rob Eiseman, Eiseman Associates
312.920.9801

Kristen Leone, Easter Seals
312.551.7147
www.easterseals.com/media

Speaker Michael Madigan Announces Plans to Build Nation’s Premiere State-of-the-Art Facility in Chicago

(Chicago, October 30, 2006) -- Illinois Speaker Michael Madigan will join Easter Seals Metropolitan Chicago to host a groundbreaking event and ceremony to announce phase one of the nation’s first-ever, state-of-the-art Therapeutic School and Center for Autism Research. Working in close partnership with the College of Medicine at the University of Illinois at Chicago, the new facility will benefit Chicago-area children living with Autism -- and will be the first to integrate education, cutting-edge research, training and independent living in a single campus facility. 

Groundbreaking activities will take place Monday, October 30 at 10 a.m. at the site of the eventual $28 million campus, located at 1939 West 13th Street -- Illinois Medical District Block 208 (bounded by 13th Street on the north, Hastings Street on the south, Damen Avenue on the west, and Wolcott Avenue on the east). Event presenters will include Illinois Speaker of the House Michael Madigan, Dr. Stephen Porges, University of Illinois at Chicago, and Dr. Kenneth Schmidt, Illinois Medical District.

"Easter Seals Metropolitan Chicago has been a leader in providing services for children living with autism and other disabilities for years -- giving families the help they need today to live better, more independent lives," said Dr. Stephen Porges, Director of the Brain-Body Center and Professor of Psychiatry, University of Illinois at Chicago. “Not only will the new school enrich the lives of so many Chicago families, but it will provide the scientific community with an opportunity to develop and test new treatments that will benefit individuals living with Autism Spectrum Disorders across the country."

The Chicago City Council initially approved an ordinance introduced by Mayor Daley to donate the vacant 3.4 acre parcel of land (valued at $3.5 million) for the construction of the new facility. Speaker Madigan secured a $4 million grant for the new school, and Gov. Rod R. Blagojevich also demonstrated his commitment to the project and to supporting education and research for autism with a $1 million grant.

The Center is scheduled to be completed in four phases. Phase one will include a 45,000 square-foot two-story therapeutic day school for 150 children and a state-of-the-art research facility. The development of the master plan and first phase of the project is being managed by Newcastle Limited. Easter Seals offices will occupy a separate portion of the building. Upon completion, the center will boast two residential buildings, a gymnasium and pool for young adults with autism.

The groundbreaking event will highlight Easter Seals’ current building plans, research opportunities, and benefits to families living with autism, as well as build awareness for the need for public support.

Easter Seals will also recognize several key contributors from both the public and private sectors who have been instrumental in helping the organization reach its goal to complete the first phase of the state-of-the-art facility. Of particular note is CVS/pharmacy, which will announce a $500,000 commitment to build the Early Childhood Wing, the Multi-Media Computer and Language Center, and the Multi-Sensory Room at Easter Seals new Therapeutic School and Center for Autism Research. The gift is part of the CVS All Kids Can program, a five-year $25 million program funded by the CVS/pharmacy Charitable Trust and CVS/pharmacy to support children with disabilities nationwide.

Additional event presenters include F. Timothy Muri, president and chief executive officer, Easter Seals Metropolitan Chicago, James E. Williams, Jr., president and chief executive officer, Easter Seals international headquarters, and Easter Seals 2007 National Adult Representative Maurice Snell, a former student at Easter Seals Therapeutic Day School, graduate of Saint Xavier University in Chicago and most recently, one of Easter Seals Metropolitan Chicago’s newest s