4/29/08 - DAC News V8-#34 - Grant - IEP changes? - Bridges4kids - Jobs - Housing - S.G.->
04/14/08 - DAC News V8-#33 - DOJ - LogistiCare - Expo - HUD Vouchers - VBPD - SpEd->
04/03/08 - DAC News V8-#32 - Youth Leadership - VAPCA Vote - SS - Part D - Food Stamps->
03/24/08 - DAC News V8-#31 - Obama - SCI - Bridges4kids - Maggie's info - VBPD - SpEd->
03/03/08 - DAC News V8-#30 - SmartOne - Awards - Workshop - Worst NH's - NJ Fails - SpEd->
02/26/08 - DAC News V8-#28 - SSI $ - CA cuts - Best Buddies - VBPD seeks members - HUD->
02/21/08 - DAC News V8-#27 - Survey - Bridges4kids - SS update - VBPD - Olmstead VA->
02/06/08 - DAC News V8-#26 - ALF - RSIF - HB1131 & SB315 - Item306# 22h - Job - SpEd-> 
02/01/08 - DAC News V8-#25 - Lions Hearing Aids - Ability Camp - DOJ news - Steve Gold->
01/25/08 - DAC News V8-#24 - Oppose HB1356 - Van4Sale - Disability Career Fair - SG->
01/11/08 - DAC News V8-#23 - PAS - Jobs - Expo - Mag - USDA Rental - WID - Medicare - SpEd- >
01/02/08 - DAC News V8-#22 - Articles needed - Grants - VBPD - SG's Medicaid CM - SpEd->
12/19/07 - DAC News V8-#21 - A.L. - PAI Contest - Toys - Auburn School - DOJ - SpEd->
12/10/07 - DAC News V8-#20 - Olmstead n' VA - WMT - MR/DD - 06' Data ICLs - SpEd->
11/27/07 - DAC News V8-#19 - Expo - Lobby Day - Simple Sol. - NH Grants - Will? - Part D - 
11/13/07 - DAC News V8-#18 - Shower Chair - Expo - VBPD - ADA - SpEd - FL DSS - Elderfax->
11/01/07 - DAC News V8-#17 - Vote! - Pacific Rim Conf - Genes - Catch Autism? - SpEd->
10/21/07 - DAC News V8-#16 - Expo - ACE - COAT - SSE-news - JFA blog - SpEd - DMHMRSAS->
10/15/07 - DAC News V8-#15 - JCHC - Rett Syn - VBPD Awards - Expo - MH Parity - SpEd->
10/04/07 - DAC News V8-#14 - New Web Sites - VA SpEd Regs - CA Victory - SG's - SpEd->
09/24/07 - DAC News V8-#13 - Candidate Forums - DermaWound - Oregon - POA - NH's->
09/14/07 - DAC News V8-#12 - PCA Healthplan - Expo - VBPD - PBS - DME - Needs Trust - SpEd-
09/05/07 - DAC News V8-#11 - MAT - Expo - Awards - DOJ - Abusing Drugs - Competent - SpEd->
08/22/07 - DAC News V8-#10 - FEMA - OH Medicaid Buy-in - Home Tax Credit - Taxi - Expo->
08/15/07 - DAC News V8-#09 - Eugenics - Awards - Feedback - DOJ Intern - Restraints->
08/01/07 - DAC News V8-#08 - Jobs 4 PWD's - Ability Aware - 20yrs NH's - Meds away - SpEd->
07/23/07 - DAC News V8-#07 - Medicaid Guide - DOJ Info - WIST 2 - Meniere's - OH Tax-> 
07/14/07 - DAC News V8-#06 - Offense Taken - Jobs - Hud Funds - MFP - Medicare - SpEd->
07/02/07 - DAC News V8-#05 - Happy 4th - Eric Clark - Dental Summit - Maine - SpEd->
06/25/06 - DAC News V8-#04 - Case Management Crisis - Part D - Pension Plan - Easy Living->
06/18/07 - DAC News V8-#03 - Cooling Asst - Bridges4Kids - New WH Asst. Dir - SG's->
06/12/07 - DAC News V8-#02 - IRS - IEC/ADA - Info Update - Dear Marci - ID Theft - Web->
06/08/07 - DAC News V8-#01 - "8th ANNIVERSARY EDITION" - UK - Home Care - SpEd->


========================================================
DAC News V8-#34  Tuesday, April 29, 2008 -- No Vote, No Voice!  
========================================================
I receive many requests to post stories and information but sometimes I'm unable to get your news out before the DAC letters come out. Sorry about that but I do try to get out what I can in a timely fashion. In this letter there are jobs, accessible housing available, school regs and of course one of my favorite letter writers Steve Gold and a couple of his missives. A little secret, if you send material in a word.doc or email format you're more like to get it posted. Thax:)

NEXT from CHN
First Focus
Children's Budget 2008
www.firstfocus.net/pages/3391/
This new publication informs readers of the sad state of funding for children's programs. Over the past five years, only one percent of every new, real non-defense dollar has been spent on children. The book provides an analysis of the over 180 federally funded programs that assist America's children.

Center on Budget and Policy Priorities
Pulling Apart: A State-By-State Analysis of Income Trends (April 2008)
www.cbpp.org/4-9-08sfp.pdf
An in-depth analysis of inequality trends over the past two business cycles shows that income inequality has been growing wider, further separating those at the very top from our nation's poor and middle class. In this paper, the Center on Budget and Policy Priorities explains the causes of rising inequality and offers suggestions for reducing these trends and lessening their negative impact.

Opportunity:
PLAN Fellowship
The National Women's Law Center is now accepting applications for the 2008 Progressive Leadership Advocacy Network (PLAN) fellowship. PLAN is a powerful professional development opportunity designed to improve the advocacy capacity of advocates working to improve the lives of low-income women and their families. Emerging leaders from across the country are encouraged to apply! The deadline for applications is May 15. To access the application, please go to www.nwlc.org/plan.

GRANT (NSCIA)
New Funding Opportunities Available for SCI/D Program Grants
The Craig H. Neilsen Foundation is pleased to announce funding opportunities through its Program Grants to help organizations improve the quality of life for those living with a spinal cord injury/disease. [full story]
http://spinalcord.org/news.php?dep=4&page=192&list=1703

NEXT GET INVOLVED
SMART-One, Inc.
(757) 875-9168

Proposed Changes Eliminate Parents from Child's Special Education Decisions

If parents do not speak up and influence the Virginia Department of Education, the following will happen to parents whose children are receiving special education services:

* Schools alone will decide when to reduce or stop special education services for your child.  Parents would simply be given paperwork with the school's considerations.  Parents must then go to court, at their initial expense, if they want to try to change the school's decision. 
* Schools will be able to refuse to hold an Individualized Education Plan (IEP) meeting requested by a parent, if the school considers it "unreasonable."
* Use of short-term objectives and benchmarks that indicate the quality of progress will be removed. 
* Many other parental protections will be minimized for the sake of paperwork reductions.

The intent of the existing system aims for a partnership between parents, teachers and administrators as the best way to agree on how best to educate a child.  The team is kept working together until an agreement, with parental consent, is given.  Under the proposed special education changes, parents who disagree with a school's decisions would be forced to go to court, creating an expensive, emotionally draining, time-consuming, adversarial environment in which the interests of the child become secondary to the goal of school convenience.
If you want to help prevent the above changes from taking place, and if you have suggestions on how to improve the way special education services are currently provided: Please write to the Virginia Department of Education between April 28 and June 30 and let them know your concerns, as now is the time the Virginia Special Education Regulations are being revised. 
* EMAIL - ReviseSpedRegs@doe.virginia.gov
* FAX - (804) 786-8520
* MAIL -
Special Education Regulations Revision Process
Office of Dispute Resolution and Administrative Services
Virginia Department of Education
P.O. Box 2120
Richmond, Virginia 23218-2120
To obtain more specifics about the changes and process, see
http://www.doe.virginia.gov/VDOE/dueproc/regulationsCWD.html

SCHEDULE CONFIRMED
for Public Comment
on Special Education Draft Regulations 

The proposed revisions to Virginia's state special education regulations will be published in The Virginia Register of Regulations on April 28, 2008.  Publication will initiate the 60-day public comment period, which will last from April 28, 2008 through June 30, 2008.  During that time period, the Virginia Department of Education will accept written public comments regarding the proposed revisions, and nine public hearings will be convened.  Information about the public hearings and submitting written comment appears below, and a Superintendent's Memorandum will be issued on April 25, 2008. 

Additional information regarding the regulations revision process is also available at www.doe.virginia.gov/VDOE/dueproc/regulationsCWD.html or by calling 804-225-2013 or TDD toll-free 1-800-422-1098.

If you have any questions, or if we can provide further clarification, please contact:
Melissa Smith at (804) 371-0524 or Melissa.Smith@doe.virginia.gov, or
Suzanne Creasey at (804) 225-2923 or Suzanne.Creasey@doe.virginia.gov. 

Hearing Dates and Locations  (sorry some meetings have already been held)

June 2, 2008
6:30 - 9:30 p.m.
Oakton High School
2900 Sutton Road
Vienna, VA 22181
(703) 319-2700 

June 3, 2008
6:30 - 9:30 p.m.
Essex High School
833 High School Circle
Tappahannock, VA 22560
(804) 443-4301 

June 4, 2008
6:30 - 9:30 p.m.
Martin Luther King, Jr.
Performing Arts Center
1400 Melbourne Road
Charlottesville, VA 22901
(434) 295-2722 

READ THESE STORIES
Deaf choir "signs" for Poppe Benedict as he blesses handicapped children
http://www.breitbart.com/article.php?id=080419215204.jxlhwgib&show_article=1

Gene therapy experiments improve vision in nearly blind
http://apnews.myway.com/article/20080427/D90AF5801.html

Bionic Eyes: Pea-shaped camera fits inside eyeball
http://news.sky.com/skynews/article/0,,91251-1313409,00.html?f=rss

Attention Deficit Hyperactivity Disorder
Children with ADHD Should Get Heart Tests Before Treatment with Stimulant Drugs
http://americanheart.mediaroom.com/index.php?s=43&item=398
American Heart Association

Autism
Detect Autism Early. Learn the Signs of Healthy Child Development.
http://www.cdc.gov/Features/DetectAutism/
Centers for Disease Control and Prevention

Heart Disease in Women
Hormone Therapy: Does Timing Matter?
http://americanheart.mediaroom.com/index.php?s=43&item=392
American Heart Association

Latex Allergy
FDA Clears Glove Made from New Type of Latex
http://www.fda.gov/bbs/topics/NEWS/2008/NEW01822.html
Food and Drug Administration

Degenerative Nerve Diseases
Genetics Home Reference: Autosomal recessive spastic ataxia of Charlevoix-Saguenay http://ghr.nlm.nih.gov/condition=autosomalrecessivespasticataxiaofcharlevoixsaguenay
National Library of Medicine

When Crisis Hits the Disabled
URL for this article:
http://online.wsj.com/article/SB120943103924651427.html

LQQK, A GREAT READING E-ZING
Bridges4Kids NewsDigest: April 19, 2008
A new edition of the Bridges4Kids NewsDigest has just been published. You can view it online at: http://bridges4kidsnewsdigest.c.topica.com/maak4o5abGAjhbboDaTbafpLKt/

FROM ACT
Ten Values of Independent Living
Many countries have places that help people with disabilities to live on their own. They are called Centers for Independent Living. One center has come up with ten key values. Here they are:

  1. We have equal rights.
  2. If we use it, we choose it.
  3. We belong in the community.
  4. We are not sick or broken.
  5. We are the experts in our lives.
  6. Society has to change, not us.
  7. Anything in the way of our rights must be removed.
  8. Groups run by people with disabilities can help us the most.
  9. Our leaders and role models must be people with disabilities.
  10. People with all types of disabilities need to work together.

Adapted from “The Independent Living Philosophy: Ten Principles.” Rockland Independent Living Center, Nanuet, NY

FROM NCD
National Council on Disability
Prerelease Notice
Developmental Disabilities Assistance and Bill of Rights Act:  Implementation Evaluation and Recommendations for Reauthorization

April 29, 2008 - Initial Announcement of Funding Opportunity
Funding Opportunity for a Cooperative Agreement:  NCD-08-01
Application materials will be made available on May 12, 2008 at www.ncd.gov
Applications may also be requested by writing to:
Julie Carroll
National Council on Disability
1331 F St NW Ste 850
Washington, DC  20004
or by e-mail request at: jcarroll@ncd.gov
Applications will be due on June 18, 2008
Maximum amount available for this project:  $150,000
All potential applicants are eligible to apply
Cost sharing is not required

ACCESSIBLE APARTMENTS FOR RENT
Housing Opportunities Made Economical, Inc.
H.O.M.E., INC.
1501 Princess Anne Street
Fredericksburg, VA 22401
(540) 361-7477 = VOICE
(540) 361-4345 = FAX
Web:  www.homeinc.us

We build and manage; Affordable, Accessible Housing for People with Disabilities.  Our ground floor units have roll-in showers, wide hallways & doors, lowered kitchen cabinets, roll under sinks and stovetops. Second floor units are designed with standard features, bathtubs, reg stove/oven combos.  We accept Section 8 Vouchers, but we are NOT low-income, nor do we subsidize rents.  We have the following vacancies available, located at 2016 Lafayette Blvd in Fred'bg, Virginia, 22401

Ground Floor - Accessible Units
1) = Two-Bedroom - w/One Roll-in Shower   -   Rent: $895.00
2) = One-Bedroom - w/One Roll-in Shower   -   Rent: $800.00

Second Floor - Standard Units
4) = One-Bedroom - w/One Shower/Tub Combo - Rent: $800.00We pay for water & sewer, and trash services. Tenant's pay for electric/gas, cable, phone, etc.
Pets allowed, but with size/breed/quantity restrictions and non-refundable deposit.
Security Surveillance on site;  FRED Bus Stop in front;  Move-In Special Offer:

Application Fee:  $35.00   
First Month Rent = Free   
Security Deposit:  1 Month Rent

For more Information:  Contact:  Molly O'Connor/Office Manager.

JOBS
Receptionist/Data Entry  Experienced in Microsoft Office. People skills a must. Full-time with benefits $8 per hour. Send resumes to jdavis@accessindependence.org or fax to 540 662-4474. Access Independence encourages qualified people with disabilities to apply. EEOE Winchester, Va. 22601

Two Exciting Employment Opportunities
Voices for Virginia's Children seeks two professionals to join a team dedicated to improving the well-being of Virginia’s children. Voices currently has a need for a part-time Policy Analyst and a full-time KIDS COUNT Director. 
More detailed information about both positions is available on Voices’ website.  http://vakids.org/march08jobs.htm

AND
VOPA workshop on accessibility of stores malls and other retail settings
Independence Empowerment Center, along with the Virginia Office for Protection and Advocacy (VOPA), is offering an informational workshop on legal rights for people with mobility difficulties and/or disabilities regarding accessibility in shopping malls, stores in the mall, and disabled parking.

Join in and learn about retail accessibility issues and what to do to overcome these barriers.

Paula McMahon and Jack Brandt, Disability Rights Advocates for VOPA, will be conducting the workshop. Join IEC and VOPA to learn how to make a difference in your community!

Date of Workshop: Tuesday, May 27, 2008

Where: Marsteller (Old School)
              8730 Sudley, Room 24 
              Manassas, Virginia 20110

Please use the entrance on the far right toward the back of the building for accessibility.

Time: 1:30 – 3:00pm

To RSVP, Call Stephanie George at 703-257-5400 ext. 115, or email her at sgeorge@ieccil.org

FINALLY -- (Almost real money, huh?:) .....kk-)
FAST FACT 
The health care industry spent $445 million lobbying Congress and the Bush Administration in 2007, with pharmaceutical and medical device manufacturers accounting for over half that total as they sought to influence legislation to reform the Food and Drug Administration. (“Another Record Year for Lobbying: $2.8 Billion,” Center for Responsive Politics, April 10, 2008).

LAST MINUTE NEWS
Partners in Policymaking Application Deadline Extended! 
Application Deadline is now May 14, 2008. 
Training Advocates to Step Up to Leadership Roles 

For more information or to apply, visit the Virginia Board’s website at www.vaboard.org/policymaking.htm, or contact the Board at info@vbpd.virginia.gov or 1-800-846-4464 (Toll-free Voice & TTY).  The application deadline for the 2008-2009 PIP is Wednesday, May 14, 2008. 


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

Keith-

========================================================
1. INCREASING SECTION 504's MINIMUM 5%1%1%
2. 2006 LOW INCOME HOUSING TAX CREDITS & LOWEST INCOME PWDs
3. DEAR MARCI - WILL MEDICARE PAY FOR MY DIABETES MEDS & SUPPLIES?
4. MULTIPLE ECONOMIC WOES DRIVING MIDDLE CLASS TO SOCIAL SERVICES
5. STATS REVEAL MUCH OF OHIO'S POP. RECEIVE FOOD ASSISTANCE
6. SpEd - INTERVENTION AT ITS FINEST
========================================================
********************************************************
INCREASING SECTION 504's MINIMUM 5%1%1%
********************************************************  
Increasing Section 504's Minimum 5%/1%1%. Information Bulletin #244 (4/08)

In earlier Information Bulletins, we explained that HUD's regulations for Section 504 of the Rehabilitation Act require that a minimum of 5% of housing units (which receives federal financial assistance) must be accessible to persons with mobility disabilities and another 1% each for persons with hearing and visual disabilities.

The 5%1%/1% minimum was established in 1988 when HUD promulgated its Section 504 regulations and has never been revised or updated.  This minimum is no longer in tune with current statistics or data.

We need to request and demonstrate to HUD that it must increase the 5%/1%/1% for accessible housing in all federally funded programs (HOME, CDBG, and public housing) in your geographic area. There is a federal regulation that authorizes this increase.  24 Code of Federal Regulations section 8.22 ( c), states that HUD "may prescribe a higher percentage [than 5%] ... upon request... by any affected recipient ... or agency ... based upon demonstration to the reasonable satisfaction of HUD of a need for a higher percentage ... based on census data...."

Here's how we can demonstrate the need for a higher percentage of accessible units than 5%/1%/1% so that your local Section 504 minimum requirements will more accurately reflect the number of persons with mobility disabilities who require accessible units. Go to http://factfinder.census.gov, click on data sets, then the 2006 American Community Survey, select your geographic location, then click on Subject Tables, then disability characteristics.

As an example, I will use data for the entire United States as an example. Please keep in mind that both the census and the American Community Survey data includes only the "noninstitutionalized" population b i.e., it does not include any people in nursing homes or in intermediate care facilities for the mentally retarded.

First, in the U.S., the entire population 5 years and older is about 274 million people, of whom 6.8% (18.6 million) have one disability and another 8.3% (22.7 million) have two or more disabilities.  Yes, the 2006 Census identifies 15.1%.  That is a total of the 41.3 million noninstitutionalized people five years and older identified by the 2006 Census' American Community Survey update as having at least one disability.

Looking at persons five years and older with a "physical disability", there are about 26 million people - that's 9.5% of the population. People five years and older with a "sensory disability" are 11.5 million - nearly 4.2%. These figures include people at any income level b not just lower income people who would qualify for federally funded housing - and do not break down "physical disability" by type.

Second, the 2006 Census' American Community Survey breaks this data down by "poverty."  In 2008, the Department of Health and Human Services defined poverty for one person to be $10,400, two persons $14,000, and four persons $21,200.  Therefore, every individual receiving SSI ($637 federal minimum in 2008) is in poverty and every couple receiving SSI ($959 federal minimum) is in poverty.  These people are noninstitutionalized and should be factored in to the minimum Section 504 accessible units necessary in your area.

Of the total people with incomes below the poverty level and with one or more disabilities not in institutions, there were about 21.5% of the 5 year and older population - nearly 9 million disabled persons.  (Compare that with 11.2% of the population without a disability who were below the poverty level.  If you're in poverty, you're nearly twice as likely to be disabled.)

Third, since about 60% of the persons in nursing homes (institutionalized and therefore not included in the 2006 Census American Community Survey) are on Medicaid, they are in nearly all in poverty. These people and disabled persons in ICF-MRs are not included in the ACS 9 million persons with disabilities in poverty. (You can find the number of people in nursing facilities in your state by type of disability in the CMS Minimum Data Sets and the number in ICF-MRs in Braddock "State of the States.")

Many of these institutionalized people are there because they cannot find affordable, accessible housing. These institutionalized people must be included when you're computing the minimum Section 504 accessible units required in your area.

Fourth, we know from the 2006 Census American Community Survey there are
5.5 million people in the United States with a physical disability and in poverty, and another 2.3 million with a sensory disability and in poverty (again, institutionalized people are not included in these figures). Find out the information for your area and use it to demonstrate the need for more than the 5%/1%/1% minimum of 1988.

Fifth, keep in mind that most federally funded housing programs are no longer only for, or even primarily for, persons whose income places them in poverty.  Housing Authorities can rent to persons up to 80% of Average Median Income and HOME rental funds can be used for persons at 60% AMI. The accessibility needs of people with incomes up to the relevant specific housing program should also be included, again increasing the number and percentage of accessible units that far exceed 5%.

Sixth, we know from HUD's CHAS 2000 census data (it is available by state, city or county) that for families who are renters and whose family income is < =30% area median income, about 28 - 31% have a "mobility and self-care impairment."  They need accessible units!

Therefore, with the SSI level at about 15% of the AMI and at only 74% of the poverty level, with the "poverty" level at only about 40% of the AMI, with federally financed housing programs targeting persons far above the poverty level, and with the CHAS data demonstrating nearly 30% of people below 30% of the AMI have a mobility and self care impairment, the Section 504 minimum is far,far lower than the 2006 Census American Community Survey's "poverty" findings and far lower than the 2000 CHAS data.

Yes, there are a number of steps and yes, it is complicated. Nevertheless, here' the process to use in requesting HUD to increase the 5%/1%/1% Section 504 minimum.

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.

********************************************************
2006 LOW INCOME HOUSING TAX CREDITS & LOWEST INCOME PWDs
********************************************************
2006 Low Income Housing Tax Credits and the Lowest-Income Persons with Disabilities.

Information Bulletin # 245 (4/08).

Progress is slow but steady.  In previous Information Bulletins, we explained how the Low Income Housing Tax Credits were NOT being targeted to people with the lowest incomes.  Don't get too excited, because nirvana has not YET been achieved, but the 2006 data shows some small progress. However, once again, there are tremendous discrepancies among the states.

As background, each year each State's Housing Finance Agency receives a per capita amount of housing tax credits from the IRS that a State can award.  Each year, each State must publish a "Qualified Allocation Plan" in which "points"  are awarded to developers of rental properties who bid to receive the LIHTC.

Please remember that the "demand" for LIHTCs exceeds the supply by two to three to one.  Therefore, each State could [if the State wanted to] award "points" for projects that "target" units to persons whose incomes are either at the SSI level (Pennsylvania, for example, does that) or at <30% AMI.  Clearly, developers want these LIHTC so badly and they are so competitive that developers will agree to target to the lowest income people IF the State Housing Finance Agency provides an incentive to target the lowest income people! [Remember, SSI is at about 18% of the AMI, so we really need to target at the SSI level.]

Advocates: whether a State Housing Finance Agency awards points depends on your advocacy skills!  If your State's QAP does not award extra points to developers who agree to target a percentage of the units to the lowest income [and agree to make those units fully accessible], then developers will not do it.

Here is the list by State [from the 2006 NCSHA Annual Survey Results] and the % of the units targeted 30% of the AMI:
    
Alabama........................0%        
Alaska ........................0%          
Arizona .......................0%     
Arkansas.......................7%            
California................... 10%          
Colorado...................... 3%           
Connecticut................... 9             
Delaware...................... 4          
D. C........................ N/AV                              
Florida....................... 2       
Georgia....................... 2           
Hawaii.........................2                       
Idaho.........................10                     
Illinois (Chicago)............10
Illinois (non-Chic)............0
Indiana........................8                     
Iowa...........................0                                 
Kansas........................ 0                              
Kentucky....................   7               
Louisiana....................  0                     
Maine......................... 0                 
Maryland....................  15                     
Massachus.................. . 14                     
Michigan.....................  7                      
Minnesota................... .30            
Mississippi.................. .0           
Missouri....................N/AV                 
Montana....................... 2                  
Nebraska...................... 0                  
Nevada........................ 1        
New Hampshire..................0
New Jersey....................31
New Mexico.................... 2             
New York ..................... 6 
North Carolina................26       
North Dakota.................. 3    
Ohio....................... N/AV             
Oklahoma...................... 0      
Oregon........................ 6              
Pennsylvania...................6       
Rhode Island.................. 3 
South Carolina................ 0   
South Dakota.................. 0 
Tennessee..................... 0 
Texas......................... 6   
Utah...........................6  
Vermont...................... 41 
Virginia...................... 0                      
Washington ..................  9         
West Virginia................  0 
Wisconsin ...................  2                
Wyoming ......................10

    Steve Gold, The Disability Odyssey continues

********************************************************
DEAR MARCI - WILL MEDICARE PAY FOR MY DIABETES MEDS & SUPPLIES?
********************************************************
Dear Marci,
I have diabetes and recently became eligible for Medicare. Will I still be able to get my diabetes supplies and medication?
— Shirley (Ames, IA)
-----------------------------------

Dear Shirley,

Medicare will cover services and supplies to help you manage your diabetes. However, confusion often arises over which part of Medicare (either B or D) covers which services and supplies.

For example, if you use an insulin pump, the insulin and the pump may be covered as durable medical equipment under Medicare Part B.

However, if you inject your insulin with a needle (syringe) and you have a Medicare drug plan (Part D), it may cover the cost of insulin and the supplies necessary to inject it, including syringes, needles, alcohol swabs and gauze. You will need to make sure the insulin you take is on your plan's list of covered drugs ("formulary"). Your Medicare drug plan may also cover other medications to treat your diabetes at home as long as they are on your plan’s formulary.

Read the full article on Medicare Interactive to learn which diabetes services and supplies are covered by Medicare or print out an easy-to-read chart to quickly find out how Medicare covers the diabetes services and supplies you use.
http://medicareinteractive.org/page2.php?topic=counselor&page=script&script_id=196

— Marci
(thax medicarerights)

********************************************************
MULTIPLE ECONOMIC WOES DRIVING MIDDLE CLASS TO SOCIAL SERVICES
********************************************************
Multiple Economic Woes Driving the Middle Class to Social Services Offices
(Reno Gazette-Journal, April 20, 2008)

Home foreclosures, low wages, high consumer prices and few jobs are forcing people in Nevada to seek help - but not the usual populations. Carson Valley Medical Center social worker Judy Burkholder notes "The people we're seeing coming in are the people not used to applying for services." The state's food stamp cases are up, and welfare and Medicaid caseloads rose more than 30 percent since 2007. Increased food prices are causing many food stamp recipients to use up their monthly allotment before the end of the month. However, the state reserves are insufficient to fully fund social service programs, and child-care assistance, energy assistance, and TANF funds are rapidly running low. Experts believe it's going to get worse. "It's not desperate right now," said Gary Stagliano, deputy administrator of the Welfare Services Division. "[B]ut there's troubled waters ahead." Nevada's state budget has a $914 million shortfall; at the same time, the greatest number of its residents are most needy.
(thax FRAC)

********************************************************
STATS REVEAL MUCH OF OHIO'S POP RECEIVE FOOD ASSISTANCE
********************************************************
"Daunting Statistics" Reveal Much of Ohio's Population Receive Federal Food Assistance
(Columbus Dispatch, April 21, 2008)

Soaring food and fuel prices coupled with stagnant wages have forced significant numbers of low-income Ohioans to accept help with feeding their families. In addition to using donations from food pantries - some of which have had to close down due to increased demand - families are getting assistance from:

WIC: half of babies born in Ohio receive nutrition services;
Free and reduced-price school lunch: serving one-third of Ohio's schoolchildren;
Food stamps: assisting one out of every ten Ohio residents.

At press time for this story, and in spite of the numbers, Congress has yet to pass the Farm Bill with an increased nutrition title, and the current presidential candidates have not focused on the issue of hunger.

--------------------------------------------------------------------------------
Shoppers Turn to "Junk" Foods to Help Feed Families
(Port Huron Times Herald, April 20, 2008)

In order to afford to feed the three grandchildren in her care, 44-year-old Michigan resident Tracey Beard is walking and taking the bus to cut back on expenses as well as relying on less expensive food. "The food's getting so expensive, it's getting harder to buy snacks for the kids," she said. Manufacturers blame the rising cost on increases in wheat  and sugar prices, along with other ingredients. State advocates note that job salaries are not keeping up with the inflated food costs. In addition, the state has experienced huge losses in formerly well-paying manufacturing jobs, causing families to also lose medical benefits. Although the Michigan Food Assistance program now distributes food stamps to one out of every eight state residents, that assistance isn't keeping up with inflation. "We figure that milk costs as much as gasoline," said state resident Brandy Deanda. She tells her children "not to take too much [milk]. We tell them if you're going to take [it], make sure you drink all of it."
(thax FRAC)

********************************************************
SpEd - INTERVENTION AT ITS FINEST
********************************************************
Intervention at its Finest
Providing intervention at the right time and for the right reason is key to special education. Also, the earlier the better. Intervention can take place in many different formats such...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 V8-#33  Monday, April 14, 2008 -- No Vote, No Voice!  
========================================================
It seems like whenever someone asks me a question I'm not sure of somebody will send me the news I'm seeking. Today's letter answers a question I recently received and many more may find this interesting too. Steve Gold sends in his missive running in our first story; "HUD's Notice Re "Reasonable Accommodation" and Increasing Housing Voucher Payments for Persons with Disabilities." This couldn't be more timely. I hope you all find this very interesting........

I'm often asked to post stories on a variety of different subjects most of which I try to do but I am not able to research all the subjects required. If you have something you'd like posted just do what everyone else does. Send me the material and if I have the room it will be posted. Sooner or later almost everything I receive will run except for time sensitive material. Often other stories get posted before I can get to dated stories although I try not to miss much. Remember though, that I am cutting back on DAC letters until I just about phase them out in another year. So first come first get. Thax:) 

NEXT
TAX REFUND STATUS
Are you waiting to receive a refund for your 2007 federal tax return? Check the status of your refund https://sa2.www4.irs.gov/irfof/lang/en/irfofgetstatus.jsp
if its been more than a week since you e-filed your taxes, or more than six weeks since you filed a paper return.

NEXT
Letters from Ollie Cantos at the DOJ

1) FCC Adopts Rules for Delivery of Commercial Mobile Alerts to the Public During Emergencies

2) New and Expanded Support for Crime Victims with Disabilities
dojollie or: http://members.aol.com/dac4va/dojollie.htm

NEXT
Hollywood's doors opening for actors with disabilities
http://www.latimes.com/features/la-he-acting7apr07,0,1684369.story?track=ntothtml

Study: Dyslexia differs by language
http://apnews.myway.com/article/20080408/D8VTCKS01.html

Multiple Sclerosis
Loss of Mobility Found to Impact Quality of Life and Emotional and Financial Health of Most People Living with Multiple Sclerosis
http://www.nationalmssociety.org/news/news-detail/index.aspx?nid=199
National Multiple Sclerosis Society

Schizophrenia
Rates of Rare Mutations Soar Three to Four Times Higher in Schizophrenia
http://www.nih.gov/news/health/mar2008/nimh-27.htm
National Institute of Mental Health,National Institute of Neurological Disorders and Stroke,National Institute of Child Health and Human Development

Stroke
First-Ever County Level Report on Stroke Hospitalizations
http://www.cdc.gov/od/oc/media/pressrel/2008/r080328.htm
Centers for Disease Control and Prevention

Depression, Disability Keep about Half of Stroke Survivors from Working
http://americanheart.mediaroom.com/index.php?s=43&item=376
American Heart Association

For Virginians with disabilities, waiting list grows faster than aid
http://hamptonroads.com/2008/04/virginians-disabilities-waiting-list-grows-faster-aid

NEXT
The Auburn School
Dear Friends and Colleagues,

We wanted to send out a quick message to update you on our progress with The Auburn School! 

1)  The Auburn School
The Auburn School is opening this fall to serve students in grades K - 6 with social and communication difficulties, such as Asperger's syndrome.  The Auburn School will offer a stimulating educational program for intellectually engaged students with challenges in the areas of communication, socialization, language, and organization.  Our program is appropriate for students who can learn successfully and appropriately in a small classroom setting.  Auburn¢s program will simultaneously support the development of academic skills, social competency and pragmatic language in an engaging educational environment.  The Auburn School will be located in Northern Virginia. 

2)  Brochures now available! 
Informational brochures on The Auburn School are now available.  Please contact us if you would like to receive brochures to distribute in your office.  We greatly appreciate your help in getting the word out!

3)  Professional Information Sessions
    Wednesday, April 16, 12:00pm    (Cabin John, MD)
    Friday, May 16, 12:00pm    (Reston Library)

We are holding these upcoming information sessions just for educators and professionals.  We would love to have you join us at one of them. 

Please RSVP to admissions@theauburnschool.org or (703) 967-2462.  See the attached flier for a complete list of upcoming parent and professional information sessions.  Please feel free to post and distribute this flier in your office as appropriate!

4)  Parent Information Sessions
    Wednesday, April 23, 7:00pm
    Wednesday, May 7, 7:00pm
    Monday, May 19, 7:00pm
    Tuesday, June 3, 7:00pm

We are continuing our series of parent information sessions at the Oasis School in Reston.  Complete information can be found on the attached flier, and at our website.  Please feel free to post and distribute the attached information session flier in your office!

More information about our school, the application process, and the financial aid program can be found on our website: www.theauburnschool.org.  Contact us for more information or if you would like us to send you some of our new brochures. 

We are so excited to be working with this population of students, and we thank you for your time and support.  Please also let us know if you would like to be removed from this mailing list.

Sincerely,

The Auburn School
admissions@theauburnschool.org
(703) 967-2462

CHECK THIS OUT!
Needed:  Adult Cochlear Implant Users for Aural Rehabilitation research

About this research:

• Compares two aural rehabilitation methods: Passive Listening (Books-on-Tape) vs. Task Oriented Listening (Tracking) to see benefits of this type of aural rehabilitation methods to auditory training in adults with cochlear implants.
• Participants will be offered 1 hour of one-on-one aural rehabilitation to improve auditory skills once a week for 10 weeks.
• Participants will be asked to listen to a reader and self-rate understanding or repeat verbatim what the reader read.

This research has been approved by the Gallaudet University Institutional Review Board

Eligibility for this study:
• Over 21 years of age
• Post-lingual Cochlear Implant user
• Uses oral communication as a primary method of communication
• English as a primary language

Contact Karen: CIAuralRehab@yahoo.com

(Subjects will be compensated $12 and hour for their time and travel)
[ thax NVRC Northern Virginia Resource Center for Deaf and Hard of Hearing Persons (NVRC), 3951 Pender Drive, Suite 130, Fairfax, VA 22030; www.nvrc.org; 703-352-9055 V, 703-352-9056 TTY, 703-352-9058 Fax.]

AND
Effectiveness of medical privacy law is questioned.
http://www.latimes.com/news/nationworld/nation/la-na-privacy9apr09,0,5625042.story?track=ntothtml

NEXT
LogistiCare Public Forum for Consumers/Families in Northern Virginia
We need your help to spread the word that we are holding our first LogistiCare public forum for consumers and/or families.  This is an opportunity for consumers and/or families discuss directly with Virginia LogistiCare Healthcare Manager and Region 7 Manager, Department of Medical Assistance Services (DMAS), and transportation liaisons from the Northern Virginia CSBs.

The public forum will be held on April 17, 2008 at the George Mason Regional Library from 10:30 a.m. to 1:00 p.m.  Attached includes more information.

Please share this with consumers, families, direct service providers and anyone who would like to discuss their transportation needs and challenges with the Medicaid Transportation brokerage - LogistiCare.

"To change acknowledges the problem."  Let LogistiCare know your problems, so we can improve transportation services.

EXPO!!!!!!!!!
FIFTH ANNUAL World of Possibilities: disAbilities, Healthy Aging and Independent Living Expo. Something for Everyone! Please see our NEW Caring Communities/World of Possibilities Expo Video. You will not want to miss the World of Possibilities Expo the Montgomery County Fairgrounds in Gaithersburg, MD on May 2-3, 2008. Please keep checking the Expo free features link HERE for updates. FREE WHEELCHAIR REPAIR TOO!

This Expo is the biggest and best event of its kind in the region!
5-10,000 attendees expected. The World of Possibilities Expos are increasing in popularity and rapidly becoming the Region's major forum for disability and senior-related resources. Everyone within the disabilities and senior community, children with disabilities and their families, caregivers, veterans and baby-boomers, etc., should be there!

Co-sponsored by the City of Gaithersburg and the Office of Community Partnerships/Office of Montgomery County Executive Ike Leggett, Montgomery County Commission on People with Disabilities and the Montgomery County Commission on Aging and the Maryland State Department of Education-Division of Special Education/Early Intervention Services.

Even more FUN added to the Expos for the whole family to enjoy! Crafts show, food and entertainment, Get Gold Cash jewelry exchange, and many more new exhibitors! PLEASE START SPREADING THE WORD. Admission is $3 per person. Incredible educational experience, great networking opportunity and FUN!! Click HERE for more information and Free Admission Passes or call Mona Freedman RN at 1-866-227-4644. VENDOR SPACE STILL AVAILABLE.


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

Keith-

========================================================
1. HUD's NOTICE "REASONABLE ACCOMMODATION" & INCREASING VOUCHERS
2. WHAT PREVENTIVE SERVICES DOES MEDICARE COVER?
3. A KISS GOODBYE
4. AMERICANS LIVING LONGER BUT IMPORTANT DISPARITIES REMAIN
5. VA BOARD FOR PEOPLE WITH DISAILITIES TO FUND PUBLIC AWARE CAMP.
6. PUTTING SELF ESTEEM FIRST - TEACHER TUBE - SPELLING
7. FLORIDA'S MIDDLE CLASS HIT BY HUNGER
========================================================
********************************************************
HUD's NOTICE "REASONABLE ACCOMMODATION" & INCREASING VOUCHERS
********************************************************  
HUD's Notice Re "Reasonable Accommodation" and Increasing Housing Voucher Payments for Persons with Disabilities. Information Bulletin #243 (4/08)

HUD recently issued a new Notice (PIH 2008-13) entitled "Requests for Exception Payment Standards for Persons with Disability as a Reasonable Accommodation."

As many of you know, persons with disabilities who require mobility accessible housing units and who have a Housing Choice Voucher (aka Section 8 tenant-based voucher) often have great difficulty locating a unit that meets their needs. When they do find such a unit in the private market that would accept a voucher as payment, the rent most often exceeds the payment standard of the voucher.

In previous Information Bulletins, we explained that the federal regulations authorize Housing Authorities (the local agencies that administer the voucher program), on their own, to increase the value of a voucher up to 110% of the Fair Market Rent (established by HUD for each local area).  To increase the voucher from 110% up to 120% of the FMR, the Housing Authority must request the HUD Field Office for permission and to increase the voucher above 120% the HA must request HUD's national headquarters for permission.

In the past there have been several problems which we believe (and hope) that the recent HUD Notice will correct: (1) Housing Authorities unwillingness to increase the value of the voucher so a person with a disability could rent an accessible unit, and (2) when HA s were willing to increase the voucher's payments, the HUD process for requests above 120% of the FRM was so cumbersome that by the time national HUD acted, the rental units were gone.

HUD's Notice 2008-13 (Google it and read it in its entirety) addresses both of these problems in ways that disability advocates must be aware of.

First, HUD emphasized that increased payments for vouchers for persons with disability to use with accessible units were a "reasonable accommodation" under Section 504 of the Rehabilitation Act.  By recognizing that increased payments were often necessary to achieve equal access and equal opportunity in using vouchers, and therefore were a civil rights issue, this should force Housing Authorities to increase the voucher payments.

If you have an accessible unit and if the HA refuses to increase the payment as a reasonable accommodation or if the HA refuses to request HUD for permission to pay over 110% or over 120% of the FMR, the HA has potentially violated the civil rights' protections for persons with disabilities in Section 504 and can be sued.  It is no different than if the HA refused to put up grab bars or a ramp as a reasonable accommodation.

Second, the Notice provides a specific person in national HUD office and her fax number and email address for voucher payments exceeding 120% of the FMR.  We hope this will significantly expedite the process so persons, who finally find an accessible unit, do not lose it because HUD has taken too long to respond.

The Notice provides an example of the calculation process which should be followed and lists the types of documentation that should be provided.

These changes are potentially very important and should facilitate the equal opportunity for persons with disabilities to use vouchers in accessible units.

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.

********************************************************
WHAT PREVENTIVE SERVICES DOES MEDICARE COVER?
********************************************************
What preventive services does Medicare cover?

Dear Marci,
I am a big proponent of the old saying “an ounce of prevention is worth a pound of cure.” Does Medicare pay for preventive screenings for cancer and heart disease?
— Clifton (Gurnee, IL)
-------------------

Dear Clifton,
Despite the old adage, Medicare has not traditionally covered preventive care. However, coverage for many preventive care services has been added in the past few years. Preventive services include screenings for heart disease and certain cancers. Doctors may not realize that Medicare covers these services, so it is important to ask your doctor about them.

Be sure to follow the Medicare guidelines for receiving these services in order to ensure that Medicare will cover them. Some are covered only once every few years, and others are only covered if you meet specific criteria. Your costs for these services may be different if you are in a Medicare private health plan (such as an HMO or PPO).

Read the full article on Medicare Interactive to find out how Medicare covers preventive services. http://medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=387

— Marci

*******************************************************
A KISS GOODBYE
********************************************************
A Kiss Goodbye

April 10, 2008 • Volume 8, Issue 15

This week’s announcement of 2009 payment rates for Medicare private health plans included a parting gift from the Bush administration to the insurance companies that sponsor these plans. The administration decided it would not reduce payment benchmarks to compensate for upcoding—the systematic downgrading of plan enrollees’ health status—in order to boost the subsidies the companies receive from taxpayers.

On Wall Street, the decision prompted a rise in the share prices of insurance companies. In Washington, it is merely the latest in the long line of favors the Bush administration has handed its pals in the insurance industry, the most recent of which are

threatening to veto legislation that makes modest reductions to the $150 billion in excess subsidies Medicare private health plans will reap over the next 10 years;
threatening to veto legislation that would allow states to hold Medicare private health plans accountable for the abusive and fraudulent marketing tactics employed by their agents.
For a long time, Medicare private health plans have used a combination of benefit designs (higher home health copayments but free gym membership) and subtler marketing strategies to attract healthier, less costly enrollees. To counteract this practice, payments to plans began to be adjusted according to the health status of the enrollee, with plans receiving more money for enrollees in poor health who require more costly care.

The phase-in of these “risk-adjusted” payments threatened a reduction in subsidies to the insurance companies, so the Bush administration unilaterally adjusted payments to prevent any overall reduction in subsidies (and any savings to taxpayers). It took Congressional action to phase out this boost in subsidy levels. Congress also instructed the administration to adjust payments for upcoding, but the administration has effectively ignored those instructions.

As payment rates to health plans began to reflect the health status of their enrollees, plans began to report (“code”) that their enrollees were in poorer health. It is a truism among health policy analysts that provider practice patterns track reimbursement levels. The more Medicare pays for an MRI, for example, the more people with Medicare seem to need MRIs. As Medicare begins to pay health plans more for sicker enrollees, health plan enrollees get sicker. For other providers receiving payments that are adjusted according to health status, such as home health agencies, the administration has reduced payments to compensate for such upcoding. Insurance companies, however, get a free pass. Once again, the Bush administration has proven its generosity—with your money.
(thax medicarerights)

********************************************************
AMERICANS LIVING LONGER BUT IMPORTANT DISPARITIES REMAIN
********************************************************
This is the April 7, 2008, issue of Elder Law FAX, a free newsletter published by the Elder Law Practice of Timothy L. Takacs.

Americans Living Longer, Enjoying Greater Health and Prosperity, but Important Disparities Remain, Says Federal Report

Average life expectancy continues to increase, and today's older Americans enjoy better health and financial security than any previous generation. Rates of gain, however, are inconsistent between the genders and across age brackets, income levels and racial and ethnic groups. Some critical disparities also exist between older Americans and older people in other industrialized countries.

These and other trends are reported in Older Americans 2008: Key Indicators of Well-Being, a comprehensive look at aging in the United States from the Federal Interagency Forum on Aging-Related Statistics. The 15 agencies that now compose the Forum include the Administration on Aging, Agency for Healthcare Research and Quality, Bureau of Labor Statistics, Centers for Medicare & Medicaid Services, and U.S. Census Bureau.

Older Americans 2008, the fourth chartbook prepared by the Forum since 2000, provides indicators that are categorized into five broad areas--population, economics, health status, health risks and behaviors and health care. The 160-page report contains data on 38 key indicators--and a one-time special feature on health literacy.

Highlights from Older Americans 2008 include: 

  * Population: The demographics of aging in the United States continue to change dramatically, as the baby boomers accelerate growth in the percentage and numbers of older people and other important parameters change.

  * Economics: More older people enjoy increased prosperity than any previous generation, with an increase in higher incomes and a decrease in the proportion of older people with low incomes and in poverty. However, major inequalities continue to exist for older blacks and for people without high school diplomas, who report smaller economic gains and fewer financial resources.

  * Health Status: Americans' longevity continues to increase, although life expectancy at age 65 in the United States is lower than that of other industrialized countries. While older people experience a variety of chronic health conditions that often accompany aging, the rate of functional limitations among people age 65 and older has declined in recent years.

  * Health Risks and Behaviors: Factors affecting the health and well-being of older Americans, such as smoking history, influenza and pneumonia vaccinations and mammogram screenings, are key indicators that have shown long-term improvements but no significant change in recent years.

  * Health Care: Health care costs, particularly for prescription drugs, have risen dramatically for older Americans.

"The 'greatest generation' made enormous gains in health and financial security, although the gains were not shared equally," says Richard Suzman, Ph.D., director of the Behavioral and Social Research Program at the National Institute on Aging, part of the National Institutes of Health. "We'll be tracking their children, those just reaching their 60s, to see whether those gains can be sustained or even improved."

Suzman cautions that there could be problems, however. For example, he notes that increased rates of obesity among today's middle-aged could threaten the health of these adults as they age.

Released last month, Older Americans 2008: Key Indicators of Well-Being is available online at www.AgingStats.gov and in limited quantities in print. Supporting data for each indicator, including complete tables, PowerPoint slides and source descriptions, can be found on the Forum's Web site. Single printed copies of Older Americans 2008: Key Indicators of Well-Being are available at no charge through the National Center for Health Statistics while supplies last. Requests may be made by calling 1-866-441-6247 or by sending an e-mail to nchsquery@cdc.gov.

© Elder Law Practice of Timothy L. Takacs
201 Walton Ferry Road, Hendersonville, TN 37075 · (615) 824-2571
1680 S. Jefferson, Suite A-B, Cookeville, TN 38506 · (931) 526-3828
www.tn-elderlaw.com

********************************************************
VA BOARD FOR PEOPLE WITH DISAILITIES TO FUND PUBLIC AWARE CAMP.
********************************************************
Virginia Board To Fund Campaign Expanding Public Awareness of Supported Community Living for People with Disabilities 

Using information learned through its Public Awareness Campaign Part 1:  Advocacy Message Development research project conducted during the second half of 2007, the Virginia Board for People with Disabilities has approved a follow-up project to develop and implement a public awareness campaign that will begin later this year.  Beginning on April 1, 2008, Board grantee BrandSync, LLC, a marketing research, strategy, and management firm located in Richmond, Virginia, will develop and implement a communications plan focused on expanding citizen awareness and understanding that individuals with all types and levels of disability can and do live successfully in community settings of their own choice when appropriate services and supports are available to them.  The Board’s campaign will be statewide and will use a variety of communications strategies appropriate to different audiences and regions of the state.  The purpose of the campaign is to encourage citizens and policymakers to support greater opportunities for individuals with disabilities to live in community rather than institutional settings and to expand the person-centered practices and community services and supports needed for this to occur. 

BrandSync has been awarded $299,632, with a 40% matching requirement of $198,382, for the two year campaign to be conducted in two phases.  An allocation by the Board of $62,500, to be matched by $26,448 from the grantee for a total first phase budget of $88,948, will support development of the communications plan for Public Awareness Campaign Part 2:  Outreach and Public Relations.  Phase A:  Communications Planning must be completed by May 31, 2008.  BrandSync will be guided in its planning by an Advisory Committee of Board members and assisted by a team of marketing and outreach collaborators including ETRE, Inc.; EOLO, Inc.; Spicer & Associates; vaACCSES; and KT Associates. 

An additional Board allocation of $237,132 to BrandSync, with a match requirement of $171,934, for the second phase of the project will be contingent upon the Board’s approval of the plan.  Phase B:  Campaign Implementation, if approved, must be completed by no later than March 31, 2010. 

Public Awareness Campaign Part 2:  Outreach and Public Relations 
Grantee:  BrandSync, LLC (www.brandsync.com) 
Total Project Budget:  $498,014 
Board Funding:  Phase A:  $62,500; Phase B:  $237,132; Total:  $299,632 
Matching Funding:  Phase A:  $26,448; Phase B:  $171,934; Total:  $198,382 
Project Duration:  Phase A:  April 1, 2008—May 31, 2008; Phase B:  June 1, 2008—March 31, 2010 

Goal:  To develop and implement a statewide public awareness campaign that promotes successful community living for individuals with disabilities. 

For more information about this project, the Virginia Board, its grant funding activities, and other supported programs, please visit www.vaboard.org or contact: 

VIRGINIA BOARD FOR PEOPLE WITH DISABILITIES 
202 N. 9th Street, 9th Floor 
Richmond, Virginia  23219 
804-786-0016 (voice & TTY) 
800-846-4464 (toll-free, voice & TTY) 
804-786-1118 (fax) 
info@vbpd.virginia.gov 

********************************************************
PUTTING SELF ESTEEM FIRST - TEACHER TUBE - SPELLING
********************************************************
Putting Self Esteem First
Yesterday I was watching a young student with special education needs try out for a sports team. This particular student has a significant learning and behavioral disability. However, his self...read more

If You Like You Tube, You'll Love Teacher Tube!
Are you looking to teach a specific concept but want to see how another teacher does it? If so, Teacher Tube is the latest tool to enable teachers to share...read more

The Do's and Don'ts of Teaching Spelling
It's more than just the long and short of it. I remember being in school and focusing on the long and short vowel sounds. And words like cat, fat, take...read more
(thax about.com)

********************************************************
FLORIDA'S MIDDLE CLASS HIT BY HUNGER
********************************************************
Florida's Middle Class Hit by Hunger
(Orlando Sentinel, March 29, 2008)

More middle class residents are showing up at the Second Harvest Food Bank of Central Florida according to the food bank's director Dave Krepcho. This commentary by the Sentinel's Darryl E. Owens quotes Krepcho on the new customers: "The folks needing food today are invisible." Owens states Krepcho knows why these new faces are showing up - because of "rising gas and food prices, the subprime mess, and an idling economy." Owens goes on to say that "many who never dreamed they'd need a couple of cans … to tide over the brood until payday are living the refrain of a popular country-western tune: There's too much month at the end of the money." The Food Bank is not the only service seeing the increase. The state's WIC program enrolled 43,000 participants over the past year, as families struggle to make ends meet with milk prices at $4 a gallon.
(thax FRAC)

===============================
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 V8-#32  Thursday, April 03, 2008 -- No Vote, No Voice!  
========================================================
It's spring, or is it? I'm still searching for the warm weather. Well, at least we're catching up on some much needed rain but I want some sun and heat to come soon:) Is anyone looking to adopt a sweet young guy, who never makes a mess, and would like to live closer to Richmond, or a nice lake, cabin, mansion (not picky:), ocean, mountain (maybe), almost well mannered but enjoys the occasional debate with politicians? If so, contact me and I'll put you in touch:) On to the never-ending news..........

WHO WOULD HAVE THOUGHT???? >:-P
Study Finds Performance of Workers with Disabilities as Good as Co-Workers
A recent DePaul University study found that workers with disabilities performed as well as other workers, while requiring about the same amount of supervision and minimal accommodations.  Among other findings of the study, workers with disabilities had fewer unscheduled absences than those without disabilities; and those with disabilities took fewer scheduled absences than those without disabilities.  The study said the benefits of hiring people with disabilities includes having "dedicated and reliable employees" and a more diverse workforce.  To read an article on the study, visit: http://jfactivist.typepad.com/jfactivist/2008/02/performance-of.html 

NEXT
April 2008 Center for PAS Bulletin
A pdf version of this newsletter can be found at http://www.pascenter.org/newsletter/CenterforPASBulletinApr08.pdf

Heart Disease in Women
WISEWOMAN - Heart Health for Uninsured and Under-Insured Women
http://www.cdc.gov/Features/WiseWoman/
Centers for Disease Control and Prevention

Injuries
Three Leading Causes of Injury Mortality in the United States 1999 - 2005
http://www.cdc.gov/nchs/products/pubs/pubd/hestats/injury99-05/injury99-05.htm
National Center for Health Statistics

LAST CHANCE
Application Deadline for 2008 Youth Leadership Forum Extended
Special Notice from the Virginia Youth Leadership Forum  Application Deadline Extended to April 11, 2008  

The Virginia Board for People with Disabilities needs your help in recruiting young people with disabilities who have demonstrated leadership capability and potential to participate in the 2008 Youth Leadership Forum. 

If you have any questions, please contact Kara White at 800-846-4464.  You can find out more about the Youth Leadership Forum and download an application at www.vaboard.org/ylf.htm.  

Thank you for your help in notifying students of the application receipt deadline extension and for encouraging them to apply for this extraordinary opportunity.  

NEXT, YOUR VOTE IS NEEDED
Dear Keith,
As a member of the Virginia Association of Personal Care Assistants, I am running as a candidate to be a Delegate to the 2008 SEIU Convention being held May 30 through June 5, 2008.

Ballots went out to all members of SEIU Local 5, VA. All ballots must be received by the US Post Office by close of business on April 11, 2008, or they will not be counted. For more information on the candidates or the election please visit: www.virginiapca.org

I am asking for the support of the membership, below is my bio with my experience in representing the interest of other members of VAPCA.

Please feel free to share this with others on your list who may also be members of VAPCA.

Thank you,
Linda Moore

BIO
Linda Moore, of Rockville, Va., has for over two decades devoted her time, energy, and other resources to helping people with disabilities, senior citizens, and caregivers in the Metro Richmond area.

With the diagnosis of her youngest son, Tim, in 1990 with PDD/NOS, Linda has been a staunch advocate for her son, and other with cognitive and physical disabilities. She graduated in 1995 from Partners in Policymaking, a leadership training program sponsored by Virginia Board for People with Disabilities. She has used her training to speak up for people with disabilities and those who care for them.

Linda dedicated her time to many organizations that provided education and support to individuals with autism and other developmental disabilities and to their families. Linda served as president of the Autism Society of America, Central Virginia Chapter, from 1996-1998. During that time she excelled as legislative chairman. Her work included at visits to the Virginia General Assembly to meet with the legislators.  In July of 1998, Linda provided support to her 84-year old mother in law who became severely disabled as the result of diabetics and a stroke. She learned of the intense effects of being a caregiver for both a parent and a child firsthand.

Linda became a Medicaid Waiver Mentor in 2001, which included organizing the “Making Community Living A Reality” workshop in Hanover County. In the summer of 2003 and 2004, Linda served as a volunteer staff person (Dorm Mother) for the Youth Leadership Forum of Virginia. She was responsible for 12-15 high school girls with disabilities for this four-night leadership training. In September of 2005, Linda took the organization skills she had learned from the many volunteer organizations and assisted her son Tim with a service-learning project called “Are You Ready? Disaster Preparedness for People with Disabilities.”

Since then, this service-learning project has grown to help people with disabilities, senior citizens, and caregivers. In 2007, the project won statewide recognition for her son Tim by both the Virginia General Assembly and the Governor.

After she went through the frustration of being unable to find an attendant for her son for over a year, Linda further demonstrated her creativity and drive. She has been providing consumer—a directed attendant care to her son Tim since June 2006.

During the 2008 session of the Virginia General Assembly, Linda focused her energy on promoting VAPCA Legislative Priorities. She spoke and the budget hearing on January 14, 2008 in Richmond.  Linda and her two sons attended many legislative committee meetings, before, during, and after the session.

Since 1997, Linda has arranged a visit the Capitol in Richmond during the legislative session.  In 2005, Linda was awarded the Award of Excellence for Advocacy by the American Cancer Society.

On January 25, 2008, Linda spoke, with self-advocates and caregivers, to legislators about consumer-directed personal care assistants. The Honorable Frank D. Hargrove, Sr. of Hanover County introduced the group from the floor of the House. After the session, The Honorable Frank Hargrove and The Honorable Chris Peace, who both represent Hanover County, met with the group and took photos.

Linda and her son Tim attended the 2008 “Independent Living Day” at the General Assembly on January 28, 2008, with other members of VAPCA. Linda followed up with her customary thank you notes to all the patrons and co-patrons of the VAPCA amendment.

On March 12, 2008, Linda and Tim attended the Virginia Board for People with Disabilities meeting to speak on the needs of personal care attendants who are also family members. She continually speaks up and works for these human rights issues on a daily basis.
NOTE: DAC endorses Linda for whatever that's worth:)

NEXT
SMART April Newsletter
http://smartoneinc.net/newsletter/SMART_One_Newsletter_April08.pdf

April Information Summary - C7 by Maggie Roffee
Special Alerts and Information or: http://members.aol.com/dac4va/information.htm

MORE
Inclusive Liveable Communities for People With Psychiatric Disabilities
The National Council on Disabilities has recently released a report entitled Inclusive Liveable Communities for People With Psychiatric Disabilities.  You can access the report at http://www.ncd.gov/newsroom/publications/2008/LivableCommunities.html

AND
National Effort to Rethink Care Delivery for Medicaid's Highest-Need, Highest-Cost Beneficiaries 

Approximately five percent of Medicaid beneficiaries drive up to 50 percent of total Medicaid spending in states across the country. More than 80 percent of these high-cost beneficiaries have three or more chronic conditions, and up to 60 percent have five or more; yet, the majority of these patients receive fragmented and uncoordinated care often leading to unnecessary and costly hospitalizations and institutionalizations.

The Center for Health Care Strategies (CHCS) is announcing a new national initiative, the Rethinking Care Program, which will bring together multiple national, state and local partners to improve care and control spending for Medicaid's highest-need, highest-cost beneficiaries.  The Rethinking Care Program will serve as a national Medicaid "learning laboratory" to develop better approaches to care for this population. The initiative will link state pilots with a national learning network committed to building Medicaid's capacity to serve beneficiaries with complex and costly needs. The first two pilots are underway in Colorado and New York.

The four-year initiative, developed and led by CHCS, is supported by multiple funders, including the Aetna Foundation, Robert Wood Johnson Foundation, and Kaiser Permanente Community Benefit, with local support from regional foundations, including the New York State Health Foundation.
read more:  http://www.chcs.org/info-url3969/info-url_show.htm?doc_id=676367

NEXT
Autistic and Overlooked
http://www.washingtonpost.com/wp-dyn/content/article/2008/04/01/AR2008040102199.html

FINALLY
Jackie Marquette’s Newsletter
Jackie M. Marquette Ph.D.
Walking the Path for Teens and Young Adults with ASD and DD
502 742-8756
Jackie@independencebound.com
www.independencebound.com


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

Keith-

========================================================
1. INSURERS FAULTED AS OVERLOADING SOCIAL SECURITY
2. A BETTER OPTION - PART D
3. SOCIAL SECURITY FUNDED THRU 2041, MEDICARE 2019
4. CENTER FOR AMERICAN PROGRESS FINDS McCAIN TAX PLAN LIKE BUSH'S
5. FOOD STAMP USE HIGHEST SINCE 1960's
6. OKLAHOMAN'S FOOD STAMPS INSUFFICIENT IN TODAY'S ECONOMY
7. SpEd - DO's & DON'TS OF TEACHING SPELLING - 08' EXPO FOR EXCEP KIDS
========================================================
********************************************************
INSURERS FAULTED AS OVERLOADING SOCIAL SECURITY
********************************************************  
Insurers Faulted as Overloading Social Security - New York Times
By MARY WILLIAMS WALSH

The Social Security system is choking on paperwork and spending millions of dollars a year screening dubious applications for disability benefits, according to lawsuits filed by whistle-blowers.

Insurance companies are the source of the problem, the lawsuits say. The insurers are forcing many people who file disability claims with them to also apply to Social Security — even people who clearly do not qualify for the government program.

The Social Security Administration defines “disabled” much more stringently than the insurers generally do, so it rejects most of the applications, at least initially. Often, the insurers then tell their claimants to appeal, the lawsuits say, raising the cost.

The insurers say that requiring a Social Security assessment is a standard practice and that there is nothing wrong with it.

The policies they sell allow them to coordinate their benefit payments with others to make sure no one is paid twice. Thus, if a disabled person can get benefits from somewhere else — like workers’ compensation, a disability pension or Social Security — the insurance company can reduce the benefit check by that amount.

The flood of referrals, however, is making it hard for Social Security to respond to people who are truly disabled, said Kenneth D. Nibali, the former top administrator of the Social Security disability program.

“Anybody who is forced to come into this system, and who doesn’t need to be there, is affecting someone else,” said Mr. Nibali, who retired in 2002 and is serving as an expert witness for the plaintiffs. “They’re holding up cases for the people who have been waiting for months and years, who in many cases are much worse off.”

Already, the disability program is in much worse shape financially than the old-age portion of Social Security. It is projected to run out of money in 2026, 16 years ahead of the old-age trust fund.

The disability caseload is also expected to grow as the work force ages, since recovery time increases with age. The number of people waiting for hearings on their claims by an administrative law judge has more than doubled since 2000, and the average wait has grown to 512 days in that time, from 258 days.

The Social Security Administration is not an active participant in the lawsuits and declined to comment on them. A spokesman, Mark Lassiter, said Social Security does not keep track of how many of its roughly 2.5 million annual applicants for disability are referred by insurance companies. But he cited academic research showing that 18 percent acknowledged privately that they were unqualified, because they could still work. “It is probable that many of these claimants were required to apply,” Mr. Lassiter said.

Jessica Ortiz, a 27-year-old gas station attendant in San Diego, said that was what happened to her. Her disability insurer, the Unum Group, called more than 10 times after she was hurt in a car crash, insisting that she apply for Social Security and asking repeatedly where her application stood. Unum was paying her only $50 a month under her policy, she said, which seemed a small amount to merit so much attention.

She did not need or want money from Social Security, and did not think she was entitled to it. Her doctors had told her she would recover, and Social Security is limited to people whose disabilities are total and permanent. But she applied because Unum insisted, she said.

Ten months after her accident, Ms. Ortiz returned to work. Social Security turned her down, as she had expected. People who can work are by definition unqualified for disability pay from the government. But when she told the Unum representative what had happened, he told her she could still appeal.

“If I were the government, I’d be pretty upset,” she said. “No wonder the pot could run out of money.”

When the circumstances of Ms. Ortiz’s case were described, a spokesman for Unum said he could not comment without reviewing her case file. The spokesman, Jim Sabourin, said the company believed that it always had valid reasons for telling people to apply for Social Security.

Forcing people who are injured to apply for Social Security before paying their claims appears to bolster insurers’ profits in several ways. If claimants refuse to apply, the insurers can simply stop paying their benefits, said Dawn Barrett, an employee of the Cigna Corporation, who grew frustrated sending people to Social Security and who is now a plaintiff in one of the lawsuits. More typically, she said, people apply for Social Security when an insurer tells them to. That allows the insurer to reduce its claim reserves, money that is kept in conservative investments for benefit payments. And in the insurance industry, smaller reserves mean bigger profits.

“It’s all about the numbers,” Ms. Barrett said.

Finally, disability insurers tell many of their claimants to appeal Social Security’s rejections again and again, until some are finally accepted. Then the insurers can take those people off their rolls, shifting the cost to the government.

Whistle-blowers have filed lawsuits against the Unum Group, America’s largest disability insurer, and Cigna, another large one, though there is no dispute that the Social Security requirement is an industrywide practice. Unum, with revenue of $10.5 billion, paid disability claims of $4 billion last year.

Both companies said their claims practices were fair, legal and consumer-friendly.

“Our goal is to ensure that each member receives all of the benefits to which he or she is entitled,” said Jill Roman, a spokeswoman for Cigna.

The lawsuits do not fault the idea of coordinating benefits with Social Security and workers’ compensation. Instead, they contend that insurers are recklessly dumping people on Social Security’s doorstep, without properly screening them to make sure they have a chance of qualifying.

The typical long-term disability policy says workers can collect when they are unable to do their own jobs for some period, usually more than five months. Social Security, by contrast, will pay only those people who are so badly disabled they cannot do any job at all. The disability must be one that will last more than 12 months or that will lead to death within that time.

Mr. Sabourin, the spokesman for Unum, denies the suits’ accusations and says that his company does screen people. He said Unum considered it in the best interests of its claimants to try for Social Security, because the federal program offers advantages over private insurance. Even though the federal requirements are tough, he said, Social Security has certain exceptions and trial programs that Unum’s claimants might qualify for.

Unum is also concerned that the lawsuits might lead to changes in federal rules that require Social Security to vet all applications thoroughly. Any changes might drive up the cost of disability insurance premiums, Mr. Sabourin added. Unum plans to file a motion for a summary judgment in its lawsuit, which is in Federal District Court in Boston. The case is to be heard this fall.

Both whistle-blower lawsuits cite the federal False Claims Act, a law that allows affected government programs to recover triple damages. The lawsuits were brought by people contending that the insurers were knowingly committing fraud.

Mr. Nibali, the retired Social Security administrator, says the disability program has “an open-door policy” and is required to seriously consider all applications, even those that might seem improbable. While deciding whether a 65-year-old should get retirement benefits is relatively quick and easy; deciding whether someone should get disability benefits is not. The Social Security Administration compiles detailed medical records, sends applicants to doctors for examinations and tests, reviews their work histories and sometimes interviews their friends and relatives.

Rejections can be appealed again and again.

“A person can come in and file a disability claim with us as many times as they want to,” Mr. Nibali said.

Linda Simmond, a 41-year-old mother in Atlanta, has been at it for four years. She worked as the supervisor of 10 Little Caesars pizza shops in Detroit but had to stop when she was found to have carpal tunnel syndrome, a wrist injury, from rolling out pizza dough. Surgery did not help.

Little Caesar Enterprises was insured through Unum, which started paying Ms. Simmond disability benefits of about $1,780 a month, but told her she had to apply for Social Security. She did so, and was rejected. Ms. Simmond thought that was correct.

“I’m not totally disabled,” she said. “I’ve seen people with one hand, no legs, working, so I know I can do something.”

Unum told her to appeal. She refused. Unum stopped sending her checks. After several months with no income, Ms. Simmond relented and filed the appeal. Unum then resumed her payments — but before long, Social Security rejected her again, and the whole cycle began anew.

Unum is now paying Ms. Simmond her benefits, but warning her that if she does not apply for Social Security again, it will stop her checks a third time, she said. “I need my benefits,” she said. “I have two children. I have a lot of debts. I’m going to have to do it, but I don’t believe in it.”

When Ms. Simmond’s situation was described to him, Mr. Sabourin said he could not comment on it without reviewing her case file.

Mr. Nibali has calculated that it costs $1,180, on average, to process a single Social Security disability application to the first decision, usually a rejection. If the applicant persists through the first three levels — the initial review, a reconsideration and a hearing by an administrative law judge — the case will cost the system an average of $4,759, he found. It is possible to appeal even higher, adding further to the cost. Lawyers from the firm Phillips & Cohen, in Washington, who are representing the plaintiffs, have been working with statistical samples. Their numbers suggest that the industry has been sending tens of thousands of dubious claims to Social Security, costing the system hundreds of millions of dollars over the last decade.

Mr. Nibali said he believed that Cigna, Unum and other disability insurers had enough data on their claimants to weed out many meritless applications before sending so many people to Social Security. That would help the program’s finances, he said. “We’re not here to give money away.”
(thax S.W.)

********************************************************
A BETTER OPTION - PART D
********************************************************
A Better Option

April 3, 2008 • Volume 8, Issue 14

One of the most persistent problems in Medicare’s Part D prescription drug benefit is the instability in the coverage provided to low-income people with Medicare, most of whom had drug coverage through Medicaid prior to 2006.

In January 2008, for example, 1.19 million low-income people with Medicare were assigned a new drug plan because the plan they had in 2007 now had a premium that was too high to qualify for a full subsidy under the Extra Help program. The Centers for Medicare & Medicaid Services (CMS) picked the new plan at random—without checking whether it covered the drugs taken by the enrollee—from among the plans with premiums low enough to qualify for zero-premium coverage. As a result, many of those switched found their medicines were not covered when they went to the pharmacy this winter.

The consequence of these denials is often confusion and panic. People think their drug coverage is no longer working. They stop taking their heart or diabetes medicines, or they scrape together the money to pay for it themselves—for a while. For people who already have a hard time choosing among the bewildering array of Part D plans, the appeals system is not a realistic option, even in those rare cases when they learn of their appeal rights. Advocates, like those at the Medicare Rights Center, can help, but most people never see an advocate.

Recognizing the disruptions to care caused by these annual reassignments, CMS this week announced that it would calculate the premium subsidy with a new formula that raises the maximum subsidy and minimizes the number of Part D enrollees who will face reassignment. CMS explained that, if the new policy were in effect last year, 1.33 million low-income people with Medicare would be reassigned, more than were reshuffled under the current policy.

How is that an improvement?

It’s not. But to explain why CMS adopted this approach properly requires a highly technical explanation of the enrollment weighting, the impact of overpayments to Medicare private health plans, and CMS’ authority to reinterpret the law or ignore the law entirely by using its “demonstration” authority.

The short answer is: instability is built in to the privatized structure of the Part D benefit. Plans lowball premiums to capture market share and to qualify for a full premium subsidy and then raise their rates in subsequent years or restrict drug coverage to keep costs low.

What all people with Medicare need is a stable, Medicare-administered alternative to the private drug plans offered by insurance companies. A simple, affordable public option will provide both low- and moderate-income people with Medicare a refuge from the instability built in to the privatized Part D benefit. Unless Congress acts, however, people with Medicare will continue to be denied that choice. Please write your senator and representative and urge them to cosponsor the Medicare Prescription Drug Savings and Choice Act.
(thax medicarerights)

********************************************************
SOCIAL SECURITY FUNDED THRU 2041, MEDICARE 2019
********************************************************
Administration Again Announces Social Security Funded Through 2041, Medicare Only Through 2019

The Social Security and Medicare trustees released their report on Tuesday announcing that the fiscal foundations of Social Security and Medicare are essentially unchanged since last year. Once again, they project that the Social Security trust funds will be depleted in 2041, at which point payroll taxes flowing into the program will be large enough to pay only 78 percent of the benefits that would go to beneficiaries if the program was fully funded.

Of course, many Americans might be surprised to learn that any program is funded, on paper anyway, for the next 33 years, so most future retirees are probably reacting calmly to this announcement, as they should. It's difficult to project revenues and expenditures of any sort out more than a decade, since these projections are extremely sensitive to changes in the economy and other factors. Further, under current rules Social Security benefits increase annually to match the growth in wages, which generally increase more rapidly than inflation, meaning that even if the unlikely worst case scenario came true and benefits were reduced in 2041, they might still be greater, in real terms, than those benefits received today.

Medicare is a different story.
Read More
http://www.ctj.org/taxjusticedigest/2008/03/administration-again-announces.html
(CTJ TAX DIGEST)

********************************************************
CENTER FOR AMERICAN PROGRESS FINDS McCAIN TAX PLAN LIKE BUSH'S
********************************************************
Center for American Progress Finds McCain Tax Plan a Continuation of George W. Bush/Grover Norquist Agenda

A new report from the Center for American Progress examines presidential candidate John McCain's tax plan and finds that it costs even more than the Bush tax cuts and is even more regressive. The report assumes the extension of the Bush tax cuts, which McCain has promised to champion despite his opposition in years past. It also assumes that the Alternative Minimum Tax (AMT) will continue to be "patched," meaning most middle-income families will be exempt from it.
The report focuses on the additional components of McCain's plan: reducing the nominal corporate tax rate from 35 percent to 25 percent, allowing investments in equipment and technology to be deducted immediately (expensed), and eliminating the AMT (which would benefit those who aren't already exempted from it by the patch).

These changes are projected to cost over $2 trillion over ten years -- and that's not including the extension of the Bush tax cuts and the AMT patch that the authors assume. And that's not even counting the additional interest on the national debt that will result, since there is almost no way that these tax cuts would be anything other than deficit-financed. The authors find that 58 percent of the benefits of these tax breaks would go to the richest one percent of Americans, that they would increase the gap between how the government taxes income from wealth compared to income from work, and that immediate expensing and the low corporate tax rate would create vast new opportunities for tax sheltering.

Read More
http://www.ctj.org/taxjusticedigest/2008/03/center-for-american-progress-f.html
(CTJ TAX DIGEST)

********************************************************
FOOD STAMP USE HIGHEST SINCE 1960's
********************************************************
Food Stamp Use Highest Since 1960's
(The New York Times, March 31, 2008)

The combination of rising food prices, layoffs, and high fuel prices are leading the Congressional Budget Office (CBO) to project that the number of food stamp beneficiaries - more than 28 million - soon will be the highest since the program began in the 1960s. Although some of the increase in numbers is due to improved outreach by some states, as well as the restoration of access to some legal immigrants, the economic slowdown and the higher cost of prices for basic amenities are mostly to blame. Across the nation, states are reporting surges in requests for benefits, which requires recipients have "near-poverty incomes" in order to be eligible. More than 40 states are experiencing increased numbers, including:

Michigan - with 1 out of every 8 residents receiving food stamps, "an all-time record level" according to the state's Department of Human Services;

Rhode Island - experiencing an 18 percent increase over the past two years, to a total of 8.4 percent of the population, or 84,000 recipients, the "highest total in the last dozen years…"

New York - one in ten New Yorkers, 1.86 million, now receives food stamps;

Arizona, Florida, Maryland, Nevada and North Dakota - have all seen 10 percent or more growth in recipients over the past year.
(FRAC)

********************************************************
OKLAHOMAN'S FOOD STAMPS INSUFFICIENT IN TODAY'S ECONOMY
********************************************************
Oklahoman's Food Stamps Insufficient in Today's Economy
(Tulsa World, March 26, 2008)

Oklahoma residents on food stamps find it very difficult to afford healthy food as milk prices rise to $4 a gallon and bread goes for $2-3 a loaf. Bringing this news to the Oklahoma Human Services commission, the state's Department of Human Services director, Howard Hendrick, reported his concerns that upcoming federal funding cuts, combined with high fuel and utility prices, will make it even more difficult for families to provide quality food for themselves. According to Hendrick, one out of every three Oklahoma children received food stamp benefits for at least one month during 2007. Investing in human services, such as food stamps, continues to be "good investment" for the state government if "[we want] to keep the state's economy going," Hendricks said.
(FRAC)

********************************************************
SpEd - DO's & DON'TS OF TEACHING SPELLING - 08' EXPO FOR EXCEP KIDS
********************************************************
The Do's and Don'ts of Teaching Spelling
It's more than just the long and short of it. I remember being in school and focusing on the long and short vowel sounds. And words like cat, fat, take...read more

2008 Council For Exceptional Children Convention & Expo
If you haven't yet registered for this informative conference, it's not too late. The conference takes place in Boston from April 3 - 8th. More information here.Henry Winkler ' The...read more

Disabilities and Pre-Term Babies
More than 1/3 of babies born in the 7th month of pregnancy faces a disability and the risk of that disability increases the earlier the baby is born. Read this...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 V8-#31  Monday, March 24, 2008 -- No Vote, No Voice!  
========================================================
I go to Florida and catch a cold. So much for vacations:) Now to catch you up with some news. Here's a site to read for those who like Barack Obama and would like to read his speech to explain Rev. Wright's wild accusations that seemed to knock a little air out of Obama's balloon. At least now you can read the entire speech and decide for yourself. 'A More Perfect Union' by Barack Obama read here: http://www.latimes.com/news/nationworld/nation/la-na-obamatext19mar19,0,2872445.story?track=ntothtml

NEXT - SCI INFO
Here's a great web source contributed by a reader with answers to questions from a Spinal Cord Nurse to SPIs seeking answers. Try it. http://sci.rutgers.edu/forum/forumdisplay.php?f=15

NEXT
Airlines tackle wheelchair need
With demand for help rising, fliers can fall through the cracks
http://www.usatoday.com/printedition/money/20080313/wheel_chair_travel.art.htm

HEY LQQK, GOOD READING
The latest edition of the Bridges4Kids NewsDigest is available at http://bridges4kidsnewsdigest.c.topica.com/maakrHpabFCctbboDaTbafpLKt/

AND MAGGIE'S MARCH NEWS
March Information Summary C7
Special Alerts and Information or: http://members.aol.com/dac4va/information.htm

NEXT
Head and Brain Injuries
March Is Brain Injury Awareness Month
http://www.cdc.gov/Features/FallsAndBrainInjury/
Centers for Disease Control and Prevention

Preventing Traumatic Brain Injury in Older Adults
http://www.cdc.gov/braininjuryinseniors/images/pdfs/PreventingBrainInjury_Booklet_508_080227.pdf
Centers for Disease Control and Prevention

Paterson's ascension inspires the disabled
New York's new legally blind governor David Paterson...
http://apnews.myway.com/article/20080314/D8VD4QNO0.html

Employer bias thwarts many blind workers
http://apnews.myway.com/article/20080316/D8VELT780.html

VBPD SEEKS CANDIDATES FOR VACANCIES
SECRETARY OF COMMONWEALTH SEEKS CANDIDATES TO FILL BOARD AND COMMISSION VACANCIES

Virginia has many boards and commissions for which citizen appointments are needed.  Individuals with disabilities and their families are encouraged to apply for these vacancies. It is important that individuals with disabilities, their families and advocates be present on diverse boards and commissions, not just those in which disability issues are a primary focus. 

The Commonwealth of Virginia is seeking individuals interested in committing time and energy towards the work of the people. 

Among the entities seeking applicants for Board appointments is the Virginia Board for People with Disabilities (VBPD). Information about VBPD is available on our website at www.vaboard.org.

If you apply for appointment to VBPD, you must be able to commit time to attend a minimum 4 meetings a year, usually held in Richmond and to engage in other Board related activities, which may include attendance at additional meetings, and ongoing participation in grant, policy related, educational, and outreach activities designed to enhance the service delivery system for persons with developmental disabilities.  The Board is currently recruiting for the following “slots”.

•           Person a with developmental disability
•           Parent or guardian of a person with developmental disability
•           Immediate relative or guardian of a person with mentally impairing development disabilities;
•           Manufacturing/retail representative
•           High technology representative
•           Local government representative
•           Non governmental agency/group concerned with services for people with developmental disabilities (DD).
•           Individual with a disability other than DD

If you are interested in applying for a position on any Board or Commission, you can find relevant information on the website of the Secretary of the Commonwealth at:  http://www.commonwealth.virginia.gov/StateGovernment/Appointments/appointments.cfm. 

Applications for Boards and Commissions are accepted throughout the year by the Secretary of the Commonwealth.

If you are specifically interested in applying for an appointment to VBPD, we ask that you submit the application found on the Board’s website at http://www.vaboard.org/downloads/BoardAppointApplication.doc which includes a special section denoting the category of representation for which you are applying.

Applications for upcoming VBPD vacancies are also accepted year-round.  However, to be considered for upcoming vacancies available on July 1, please submit your application by April 15 to:

Sandra Smalls
Virginia Board for People with Disabilities
202 North 9th Street, 9th Floor
Richmond, VA  23219
Fax: 804-786-1118
Sandra.smalls@vbpd.virginia.gov

NEXT
April 21-23, 2008  National Council on Disability Meeting
National Council on Disability (NCD) Quarterly Meeting

Westin Arlington Gateway
801 North Glebe Road
Arlington, VA

BeginsMonday, April 21, 2008, at 8:30 a.m.
Ends Wednesday, April 23 at 12:30 p.m.

This meeting is open to the public. Times are designated for public comment, supported by a toll-free call-in line, and your input is encouraged and greatly appreciated. You can also provide your written comments by e-mail, fax, or mail.

Public comment sessions will be held Monday, April 21 from 5:00 p.m. until 5:30 p.m. EDT and on Tuesday, April 22 from 4:30 p.m. until 5:00 p.m. EDT. The toll-free call-in number is 888-455-9639, and the pass code is “NCD Meeting.” You are also invited to join us for a reception at the hotel for meeting participants, audience members, and stakeholders from the disability community on Tuesday, April 22 from 5:00 p.m. to 6:30 p.m., immediately following our session for the day. As an added bonus, there is also a separate release of NCD’s latest report, Keeping Track: National Disability Status and Program Performance Indicators on our Monday schedule beginning at 1 p.m.

NCD is an independent federal agency and is composed of 15 members appointed by the President, by and with the advice and consent of the Senate. NCD provides advice to the President, Congress, and executive branch agencies to promote policies, programs, practices, and procedures that guarantee equal opportunity for all individuals with disabilities, regardless of the nature or severity of the disability; and empower individuals with disabilities to achieve economic self-sufficiency, independent living, and inclusion and integration into all aspects of society.

In carrying out its mission, NCD believes it is vital to hear from communities around the country on what works and what does not for people with disabilities. NCD's agenda will include sessions on emergency preparedness, healthcare, employment, and several other subjects of interest to the disability community. It is delighted to have the opportunity to visit Arlington and learn firsthand about the experiences of people with disabilities from the mid-Atlantic region. This is an opportunity to meet NCD members and staff and offer your comments during the public comment sessions.

For more information, please contact NCD’s Director of External Affairs, Mark S. Quigley, at mquigley@ncd.gov or by telephone at 202-272-2004 (V), 202-272-2074 (TTY), and please visit our Web site at www.ncd.gov 

AND
VBPD: March 2008 issue of Voices & Visions Newsletter
Good day. Please find attached a link to our quarterly newsletter, Voices & Visions. Past issues have been archived on our site and can be downloaded from http://www.vaboard.org/vbpdnewsletter.htm. Have a great day!

FINALLY
State Convention
The Arc believes that members like YOU hold the key to unlocking Virginia’s potential!

The Arc of Virginia will be holding its 2008 State Convention on April 10-12 at the Best Western Inn and Suites Conference Center in Waynesboro, VA.   At this conference, over 250 self-advocates, family members and professionals from across Virginia will have the opportunity to learn about new initiatives to create “A Life Like Yours” for persons with intellectual disabilities as well as advocacy strategies that will help us turn these initiatives into new community-based support systems statewide.  We believe the Convention promises to be not only an exciting and informational event, but also a critical step in putting Virginia on the right PATH to A Life Like Yours! Visit www.arcofva.org to learn more and to download our Convention Brochure and Registration Form.

Jamie Trosclair
Executive Director
The Arc of Virginia
2025 E. Main Street, suite 107
Richmond Va  23223
phone: (804) 649-8481 ext. 101
fax: (804) 649-3585
toll free: (888) 604-2677
jtrosclair@arcofva.orgwww.arcofva.org


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

Keith-

========================================================
1. GET REAL
2. SpEd - COUNTDOWN TO SPRING - ANOTHER STUDY ON ADHD
3. NUMBER OF NEW CASES OF ALZHEIMER'S TO ESCALATE RAPIDLY
4. BITS OF NEWS
5. CAN I GET MEDIGAP BACK IF I DROP MEDICARE PRIVATE PLAN?
6. VIRTUAL ONLINE JOB FAIR FOR DISABLED COLLEGE STUDENTS
========================================================
********************************************************
GET REAL
********************************************************  
Get Real

March 13, 2008 • Volume 8, Issue 11

When the public demands action that threatens powerful interests, one of the oldest tricks used by Washington power brokers is to take some action—pass a law, enact a regulation, pledge to abide by new voluntary rules—that appears to address the problem but is, in reality, completely ineffective. The goal is to fool the public and the press and head off any efforts at real reform.

Case in point: Stopping the aggressive, deceptive and fraudulent marketing of Medicare private health plans.

Pressure is building to enact legislation that would curb these abusive practices. Senator Herb Kohl, Democrat of Wisconsin, and Senator Ron Wyden, Democrat of Oregon, have a bill that would allow state insurance departments to enforce tough new marketing rules. It would clean up the current legal mess that allows states to chase individual agents that deceive consumers but prevent states from taking action against the insurance companies that employ these agents. The legislation is modeled after Congress’ success in cleaning up the market for Medigap supplemental plans, which standardized plan benefits and curbed abusive marketing.

Insurance companies want to keep the states out of their hair. So last week, their lobby, America’s Health Insurance Plans, issued a call for “more stringent federal standards.”

A close inspection reveals that these “more stringent” rules are either already in place or riddled with loopholes. AHIP proposes a ban on door-to-door marketing, which is already against federal guidelines. AHIP wants to talk about regulating broker commissions to discourage agents from moving clients from plan to plan each year in order to win new commissions. But the group says nothing about prohibiting volume bonuses and other incentives that encourage mass enrollments that fail to account for the individual needs of consumers.

The insurance industry should not be dictating the rules that govern their marketing conduct. It is up to Congress to establish tough rules and allow states to enforce them. Please urge you senator to cosponsor S. 1883, the Accountability and Transparency in Medicare Marketing Act of 2007.
(Thax medicarerights)

********************************************************
SpEd - COUNTDOWN TO SPRING - ANOTHER STUDY ON ADHD
********************************************************
Countdown to Spring!
With spring coming to us this week, here are a few resources to support learning: Spring Worksheets Spring Crafts Spring Fun for Families Happy Spring!...read more

Another Ground Breaking Study on ADHD
Do children who have Attention Deficit Hyper Disorder (ADHD) experience a development delay with a distinct biological basis? A recent study would say that evidence does support this notion. The...read more

St. Patrick's Day
Here are a few resources to support all learners with the St. Patrick's Day theme: St. Patrick's Day Recipes (make the Irish Bread in the classroom) St. Patrick Day Crafts St. Patrick's Day...read more
(thax about.com)

********************************************************
NUMBER OF NEW CASES OF ALZHEIMER'S TO ESCALATE RAPIDLY
********************************************************
This is the March 24, 2008, issue of Elder Law FAX, a free newsletter published by the Elder Law Practice of Timothy L. Takacs.

Number of New Cases of Alzheimer's Disease to Escalate Rapidly
Alzheimer's disease is the most common type of dementia, accounting for 60 to 80 percent of cases. Alzheimer's disease is characterized by deposits in the brain of the protein fragment beta-amyloid (plaques) and twisted strands of the protein tau (tangles).

So far, there is no effective treatment to delay or stop the deterioration of brain cells that is the hallmark of Alzheimer's disease. The U. S. Food and Drug Administration has approved five drugs that temporarily slow worsening of the symptoms. On average, these drugs are effective for six to 12 months.

Active management of Alzheimer's disease consists of an appropriate medication regimen, counseling, supportive services, residential placements, and adult day services to improve the quality of life of those suffering from the disease and of those who care for them.

According to a new report issued by the Alzheimer's Association, a focus on prevention rather than cure of the disease is one of the most exciting developments in dementia research.

Evidence tantalizingly suggests that brain health is linked overall to the health of the body's vascular system--the heart and blood vessels. Management of cardiovascular risk factors, therefore, such as cholesterol, diabetes, high blood pressure, obesity, and even diet and exercise, may very well have salutary effects on avoiding or delaying cognitive decline.

Facts and Figures

As many as 5.2 million people in the United States are living with Alzheimer's. This figure includes 200,000 persons under age 65 with early onset. The Alzheimer's Association estimates that there are approximately 500,000 Americans under age 65 who have Alzheimer's or another dementia, and about 40 percent of them have Alzheimer's disease.

10 million baby boomers will develop Alzheimer's in their lifetime. To put it another way, one out of every eight boomer will get the disease.
-Every 71 seconds, someone develops Alzheimer's.
-Alzheimer's is the seventh-leading cause of death.
-The direct and indirect costs of Alzheimer's and other dementias to Medicare, Medicaid and businesses amount to more than $148 billion each year.
-With the growth of the older population and the aging of the baby boomer generation, the number of new cases will escalate rapidly over the next 40 years. By mid-century, someone will develop Alzheimer's disease every 33 seconds.

These are just a few of the facts in the Alzheimer's Association's new report, 2008 Alzheimer's Disease Facts and Figures. The report is a comprehensive statistical abstract of U.S. data on Alzheimer's disease that includes:

-prevalence
-mortality
-the costs of Alzheimer care
-family caregiving
-a special report on lifetime risk

Link to the report: http://www.alz.org/national/documents/report_alzfactsfigures2008.pdf


Elder Law Practice of Timothy L. Takacs
201 Walton Ferry Road, Hendersonville, TN 37075 · (615) 824-2571
1680 S. Jefferson, Suite A-B, Cookeville, TN 38506 · (931) 526-3828
www.tn-elderlaw.com

********************************************************
BITS OF NEWS
********************************************************
Service-based Economy Brings Many to Brink of Poverty
(San Luis Obispo Tribune, March 9, 2008)California's San Luis Obispo County is watching as more and more residents are struggling with the slow economy and low wages from their service sector jobs. Lee Collins, director of the county's Social Services Department, is concerned that a looming recession and possible government cuts to welfare and health programs will make matters worse, "at a time when more families may need a boost to keep food on the table at the end of the month." The percentage of the county's students qualifying for free or reduced lunch has risen 17 percent over the past seven years; now one out of every three students qualifies. And the number of food stamp recipients has doubled. High home prices and affordable housing shortages add to the dismal economic climate for many of the county's working poor.

Affluent County Experiencing High Food Stamp Participation
(Al.com, March 9, 2008)Alabama's Shelby County, the richest in the state, also has the state's highest percentage of food stamp recipients. "We don't have that many poor people," said the county's Department of Human Resources (DHR) director Chris Monceret. "We have…a lot of elderly and working people who qualify." According to the DHR, close to 13,000 people in Shelby County live in poverty, while less than half of them were enrolled in the Food Stamp Program in 2007. The county's DHR office is working to increase those numbers, and as of January 2008, 6,407 residents living in poverty are now receiving the assistance. There's an initiative to increase participation statewide by concentrating on the elderly and working poor populations. In Shelby County, only 22 percent of eligible senior citizens receive food stamps; outreach efforts will enable seniors to apply via phone as the state focuses on making the food stamp application process simpler.

State Budgets Veer Toward Recession
(The New York Times, March 17, 2008)25 states expect budget shortfalls in the 2009 fiscal year, a figure confirmed through separate research by the Center on Budget and Policy Priorities, an informal New York Times phone survey, and other state roundups. These shortfalls are the largest reported by many of the states since the 2001 and 1991-92 recessions. The housing market "implosion" which negatively affected tax revenues is being blamed for a major part of the shortfalls, and some states normally avoiding tax increases are now looking at some sort of increase. Maryland's legislature bumped the state's sales tax up a point to six percent and programs for the elderly are being cut in Maine, while New Jersey government employees face layoffs. Children's Medicaid programs are also getting pinched. Jennifer Davis, Delaware's State Office of Management and Budget director, commented "Good state budget managers…manage their budgets like a household. When gas and milk prices go up, there are only so many ways to solve it."

Some states, however, aren't bracing for billions in lost revenue; oil producing states aren't as beleaguered, as well as agricultural states, like Kansas. But overall, the situation looks bleak, as National Governors Association executive director Ray Scheppach describes how long the problems will last. He said personal income taxes tend to lag behind economic recoveries, and "[t]he major impact on states is the year after a recession stops or the following year. It is really sort of the worst as you begin to recover."
(thax FRAC)

********************************************************
CAN I GET MEDIGAP BACK IF I DROP MEDICARE PRIVATE PLAN?
********************************************************
Dear Marci,
Up until this year, I had been enrolled in Original Medicare and had a Medigap plan as my supplement. I was convinced by an insurance agent to enroll in a Medicare Advantage PPO because my premiums would be lower. However, now my doctor won’t accept my new insurance. Can I go back to Original Medicare and still get my Medigap back?

— Agnes (Faribault, MN)
----------------------

Dear Agnes,
Yes. If you dropped a Medigap policy to join a Medicare private health plan (HMO, PPO or PFFS) for the first time and drop the new plan within 12 months, you have the right to buy the Medigap policy you originally had so long as the same insurance company still sells it. If not, at a minimum, you have the right to buy Medigap Plans A, B, C or F. In some states, you may have dditional rights.

Read the full article on Medicare Interactive to find out at what other times you can buy a Medigap policy.
http://medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=362

— Marci

Looking for past Dear Marci Answers? Got other Medicare questions? Find your answers in Medicare Interactive, the Medicare Rights Center’s FREE virtual counseling tool. Visit Medicare Interactive today!
(thax medicarerights)

********************************************************
VIRTUAL ONLINE JOB FAIR FOR DISABLED COLLEGE STUDENTS
********************************************************
Virtual Online Job Fair for Disabled College Students

Virtual Online Job Fair for Disabled College Students Transitioning from School to Work

Coming April 23rd  2008 to the Western United States.
Reserve your spot today!

Hi, my name is Diana Corso and I am the Founder/Chairman of disABLEDperson Inc.  Do you as an employer want to reach the skilled workforce of disabled college students transitioning to work? Are you proactive in hiring the disabled but have no budget to recruit this skilled workforce? disABLEDperson Inc. can help. This is a preliminary email to inform you that in April 2008, we will be hosting a Virtual Online Job Fair for Disabled College Students making the transition from school to work in the Western United States on our web portal www.disABLEDperson.com and we are offering your company the opportunity to participate, free as a public service.  Included States are Washington, Oregon, Nevada, Arizona, Idaho, Utah, New Mexico, Colorado, Wyoming and Montana.

Participating Colleges and Universities

We have talked to the Disability Student Services Department at every 4 year institution with 1000 students or more in each of the above states to confirm their school’s respective participation. Students from major universities throughout the 10 states will participate.

Job Fair Experience

disABLEDperson Inc. has held 2 successful Virtual Online Job Fairs for Disabled College Students Transitioning from School to Work in California in 2007.  For the California Fairs, we had 44 universities and colleges such as Stanford, UCLA, Berkeley and USC participate along with 38 employers.

In a letter to disABLEDperson Inc’s Nicholas Corso who was the Project Director in California, California’s First Lady Maria Shriver stated. “I applaud you for your dedication to help provide independence and self-sufficiency to those qualified individuals who many times are overlooked for jobs based on their disability.  On behalf of all Californians, please accept my best wishes for every future success.”

Partnerships

To date, disABLEDperson Inc. has formed a partnership for this initiative the DirectEmployers Association of America.

Logistics: How it will work!

Here is how it will work. Simply, the student comes to our site on the day of the fair, click on our Fair Page where they will see a list of participating employers. Click on an employer where they will be directed to your profile page that will describe if you like your diversity practices. The page if you wish can also hold current job openings. Again, if you wish, the candidate can then click on a hyperlink that will direct them to a private chat room with a recruiter from your company where your recruiter can then decide if they would like to further pursue the candidate. disABLEDperson Inc. can limit the number of individuals at any given time who enter the chat room. That number will be decided by the individual company.

disABLEDperson Inc. understands that different companies handle online resumes in different ways. That being said, we will do our best to accommodate you as best we can. You, the employer can have back links on your page that will send the student to your company’s career site to post their respective resume or we can build a resume submission form on your employer’s page that will go into an Access Database. Following the fair, we can then send you the database for your review. Again, we will do our best to accommodate you.

Cost to Participate

There is no fee to participate. However, we do ask for voluntary tax deductible donation.  The amount will be up to you.

===============================
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 V8-#30  Monday, March 03, 2008 -- No Vote, No Voice!  
========================================================
Since I will be taking a little break starting Thursday, I thought I'd better "try" to empty my mailbox. Yea right:) Well, I will give you everything this letter will hold anyway.

After my last letter commenting on the elections here's a comment the reader gave me permission to share. I suppose it will also go well with tomorrow's elections:)

Keith,
Just had two thoughts about the election.
1)  Barack Obama has been voting NV (not voting) for ages.  In other words, he won't take a position on most things.  How can he run for president and not take a position is beyond me.
2)  He will only accept mail from his constituents, so if you are not an Illinoisan, he will not accept your mail.  People might want to think twice about voting for him.  Just a thought I wanted to share.
Kathy Vukmanic

NEXT - DAYLIGHT TIME SUNDAY
Remember to set your clocks forward one hour on Sunday, March 9. The transition officially happens at 2:00 a.m. local standard time, which becomes 3:00 a.m. local daylight time.

NEXT
2008 International RiSE Symposium - Registrations Now Open!
Registrations NOW OPEN!
Hurry – Early Bird Registrations close 31 March 2008!

Be part of the exciting, cutting edge inaugural international symposium placing the arts at the centre of education for special needs.

For all details visit
http://symposium.portphillip.vic.edu.au
To register visit
http://symposium.portphillip.vic.edu.au/Registrations/

Enquiries:
Happenings Australia
Tel:  +61 3 9329 6400
Fax: +61 3 9329 6466
Email: event@happenings.com.au

2008 International Symposium:
Re-imagining Special Education through Arts Education & Arts Therapy
Melbourne Convention Centre
26-29 July 2008
Melbourne, Australia

NEXT
SMART- One March 2008 Newsletter
-- SMART Acting's Production of "Grease" Huge Success / front page story
-- Friday, March 7th:  Children Of the Promise / details on page 10
-- Thursday, March 14th:  "Birds and the Bees" Information Night / details on page 11

Read about these and more in the March "SMART Talk" newsletter.

Click on the link below to read the newsletter:
http://www.smartoneinc.net/newsletter/Smart_Ones_Newsletter_Mar08.pdf
 
NEXT
Aging Well at Home, With a Little Help (thax proaging)
http://guidetoretirementliving.com/wordpress/?p=1172

Heart Attack
Heart Attack Patients Who Don't Fill Prescriptions Increase Risk of Dying
http://americanheart.mediaroom.com/index.php?s=43&item=342
American Heart Association

Macular Degeneration
Comparison of AMD Treatments Trials (CATT): Lucentis — Avastin Trial
http://www.nih.gov/news/health/feb2008/nei-22.htm
National Eye Institute

Orgasm and disability
http://www.latimes.com/features/la-he-orgasm11feb11,0,3858538.story?track=ntothtml

Physicians group urges easing of ban on medical marijuana
http://www.latimes.com/news/local/la-me-medpot15feb15,0,257484.story?track=ntothtml

Latest Edition of Disability Rights On-Line News
In case you have not seen this, I wanted to let you know that the latest edition of Disability Rights On-Line News is now available at:

HTML Version:
http://www.ada.gov/newsltr1207.htm

PDF Version:
http://www.ada.gov/newsltr1207.pdf

HEY, AWARDS
RSC Disability Advocate and Service Award Nominations Being Accepted
The Ohio Rehabilitation Services Commission
Serving Ohioans with Disabilities

Disability Advocate and Service Award Nominations Being Accepted

Nominate an outstanding service provider or advocate for people with disabilities

The Denise Joanne Weisenborn Service Award honors Ohioans who provide outstanding services to people with disabilities to make their participation in society more meaningful. The late Denise Weisenborn was an attorney and an exemplary disability advocate. The Parma resident, who was a commissioner with the Ohio Rehabilitation Services Commission, devoted the last years of her life to promoting the state’s adoption of a Medicaid Buy-In program so that people with disabilities could become employed without fear of losing health coverage. She also served as a member of both the Ohio Governor's Council on People with Disabilities and the Ohio Developmental Disabilities Council. Ms. Weisenborn, who had a severe disability, used the services of personal care assistants on a daily basis.

The Ben Bonanno Disability Advocate Award honors outstanding disability advocacy accomplishments. It recognizes a person whose advocacy efforts have significantly improved the employment possibilities of Ohioans with disabilities in a manner consistent with RSC’s mission to help Ohioans with disabilities get jobs and achieve independence. Former RSC Commission Chair Ben M. Bonanno has devoted his life’s work to advocacy on behalf of people with all types of disabilities, especially, those with intellectual disabilities He is the Executive Director Emeritus of Cleveland’s Center for Mental Retardation (The Arc of Cuyahoga County).

Details:
Nomination forms are available at http://rsc.ohio.gov/
Application deadlines for both awards are March 13, 2008.
Awards will be presented at the June 2, 2008 Ohio Rehabilitation Services Commission Meeting.

Award Contact Information:
Shirley Marchi via e-mail  shirley.marchi@rsc.state.oh.us or phone: (614) 438-1214.

FREE STUFF
FREE Disaster Preparedness Workshop on March 8, 2008

Congregations Who Care - Prepare  Workshop
Saturday, March 8, 2008
9:00 AM - Noon

Goochland Baptist Church
2454 Manakin Road
Manakin-Sabot, Virginia 23103

This FREE workshop is open to area churches, faith-based or community service organizations who care about their congregations/members  needs in the event of a Disaster.

The workshop will focus on:

-Understanding what resources are available in the community Before, During and After a Disaster occurs.
-How to assist with members of your group who have a disability, are senior citizens, have special health needs, or are caregivers to Prepare for a Disaster.
-Network  with other area churches, faith-based and community service organizations.

Participants will receive a  “GO Backpack” and a Participant’s Notebook to help you in your church ,faith-based or community service organization as you Prepare.

For more information contact:

Tim Moore - Project Director
Linda Moore - Project Assistant
Are You Ready? Disaster Preparedness
for People with Disabilities - Part III
P.O. Box 174
Rockville, Virginia 23146
(804) 749-3895
voicegapkids@yahoo.com
http://www.voiceforgapkids.com

FINALLY
2008 Conference on Elder Rights, Guardianship, and Disability Services
Don't miss the 2008 conference of the Virginia Elder Rights Coalition, Virginia Guardianship Association and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services on April 7 & 8 in Richmond at the Sheraton Richmond West Hotel.  Hear a keynote on disaster ethics; view a dramatic monologue on mental health, aging and caregiving; and listen to an address by the director of the National Guardianship Association.  Participate in workshops ranging from guardianships gone awry, Social Security representative payees and Fair Housing to client capacity to refuse APS services, consensual sex and incapacitated adults, and Olmstead.  Network with colleagues at a lively reception. GAL credits approved; MCLE credits and CEU Social Work credits pending.  Register now at: http://vgavirginia.org/conferences.asp


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

Keith-

========================================================
1. THE WORST NURSING FACILITIES - COME ON CMS
2. TAX STIMULUS PAYMENTS
3. N.J. FAILS TO FULFILL PROMISE TO HOUSE DISABLED
4. PROTECTING CONSUMERS
5. SpEd - PYRAMID OF FRIENDS - IS MY CHILD READY TO READ YET?
6. WHAT IF MY MEDICARE HEALTH PLAN WON'T PAY FOR CARE I NEED?
========================================================
********************************************************
THE WORST NURSING FACILITIES - COME ON CMS
********************************************************  
The Worst Nursing Facilities - Come On CMS.  Information Bulletin 242 (3/08)

CMS issued a report on 2/13/08 identifying the 131 worst nursing facilities in the country.  To make this honor role:

(1) these facilities had at least twice as many deficiencies as the average number of average deficiencies than other nursing facilities in the quality of care they provided; (2) they had more serious problems than other nursing homes ("serious problems"are those, by definition, that actually cause harm or injury to residents), AND (3) they had a pattern of these "serious problems" that persisted over approximately three years.

One would think that such nursing institutions would have been shut down well before three years! Or at least, CMS would have disallowed federal Medicaid and Medicare funds to continue to flow to them.  Can one imagine how afraid older Americans and other residents with disabilities must be in these institutions?  They see and know these "serious problems" pervade the nursing facility where they are, and they must live in constant fear that they will be the next "serious problem" even though many want to return to the community with appropriate services.

Can anyone imagine the CMS officials or our esteemed federally elected officials letting their mothers or brothers or children stay in these institutions for any length of time, let alone three years?

One might think that our federal Medicare and Medicaid dollars would have been stopped as soon as a nursing facility caused one "serious" harm or injury to residents.  Without any question, when "serious problems" persist for more than one inspection, the dollars should have been stopped. But they continue.

What will it take to stop spending our federal dollars in nursing institutions that cause "serious" harm and injury to older Americans and people with disabilities?  Maybe if CMS officials will not impose serious penalties we should ask them to spend some time in these institutions as "residents." Let them have to live in these nursing institutions and be potential victims of "serious problems."  Such an experience might even push them to opt for community-based services as an entitlement.

Maybe CMS should tell us how many residents need to be seriously injured or harmed before a nursing facility loses its Medicaid and Medicare funds. Is there a magic number?

Of the 131, here are the 52 worse nursing facilities that have not improved but still receive Medicaid and Medicare funds. (Some of the 131 "improved" in one inspection but have not sustained improvement for 12 months.)  Let's remember these 52 are only the tip of the worst..

Disability and Older American advocates could check out the mortality/morbidity rates in these nursing facilities.  Do your newspapers know these esteemed nursing facilities have made the CMS "worse" list?

You could even determine what, if anything, your state Health Department
(or whatever is the nursing home inspection unit in your State)  has done to monitor or impose sanctions on these dangerous institutions.

Eastview Health Care Center,            Birmingham, Al,
Medi-Home Inc,    Fort Smith AR,
Infinia At Show Low,                   Show Low, AZ,
Evergreen Foothills Health & Rehab,     Phoenix, AZ,
Ember Health Care - Pomona,         Pomona, CA,
Pleasant Care Rehab&Nursing Center, Santa Cruz, CA,
Eagle Ridge at Grand Valley,            Grand Junction, CO,
Kindred Healthcare & Rehab,         Northgleen, CP,
Apollo Health & Rehab,              St. Petersburg, FL,
Key West Conv Center,               Key West, FL,
Polk City Nurisng & Rehab,      Polk City, IA,
Cedar Falls Health care,                Cedar Falls, IA,
International Village,                  Chicago, IL,
Berkshire Nursing & Rehab Center,       Forest Park, IL,
Hillcrest Center for Heath & Rehab,     Jeffersonville, IN,
St. Jospeh Care Center - west,          South bend, IN,
Valparaiso Care & Rehab center          Valparaiso, IN
Deseret Nursing & Rehab                 Colby, KS
Highlands Nursing                   Louisville, KY
Cambridge Place                     Lexington, KY
Cedar Hill Health Care              Randolph, MA
Harborside Healthare                    Wakefield, MA
Fairlane Senior Care              Detroit, MI
Imperial Healthcare                 Dearborn Heights, MI
Metron of Big Rapids                    Big Rapids, MI
West Village Manor                  Columbia, MO
Senior Estates                      Kansas City, MO
St. Elizabeth Healthcare                Florissant, MO
Evergreen Missoula                  Missoula, MT
Infinia Att Florence Heights            Omaha, NE
Victoria Health Care Cente              Matawan, NJ
Fort Bayard Med Center              Fort Bayard, NM
Northwoods Rehab ECC Hilltop            Niskayuna, NY
Geriatric Center of Mansfield           Mansfield, OH
Woodlawn Health Care                Pawhuska, OK
Northwest Nursing Center                Oklahoma City, OK
Hometown Nursing              Tamqua, PA
Ashton Hall                         Phila, PA
Brighten at Broomall                    Broomall, PA
Unihealth Post Acute (formerly Manolia Manor) Moncks Corner, SC
Bennett Co. Hosp & Nursing          Martin, SC
Overton Park Health care                Memphis, Tn
Taylor Care                         Taylor, TX
Renaissance at Kessler Park             Dallas, TX
Bennner Healthcare                  Houston, TX
San Saba Nursing Home               San Saba, TX
Ruston Health of Woodbridge         Woodbridge, VA <--NASTY PLACE...kk-
Frontier Rehab & Ext Care               Longview, WA
Franklin Hills Health & Reha            Spokane, WA
Willows Nursing and Rehab               Sun Prairie, WI
Middleton Village Nursing Rehab         Middleton, WI

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.  

********************************************************
TAX STIMULUS PAYMENTS
********************************************************
Stimulus Payments: Instructions for Low-Income Workers and Recipients of Social Security and Certain Veterans’ Benefits
 
FS-2008-16, February 2008

Some low-income workers and recipients of Social Security, certain veterans’ benefits and certain Railroad Retirement benefits may qualify for economic stimulus payments this year from the federal government.

In most cases, payments will range from $300 to $600 for individuals and $600 to $1200 for joint filers. Taxpayers may receive $300 for each qualifying child.

Most taxpayers do not need to take any extra steps to receive the payment beginning in early May.

But there are some exceptions.

Individuals who might not otherwise be required to file a 2007 tax return will need to file a return this year to receive the stimulus payment. The return must show at least $3,000 in qualifying income.

In other words, low-income workers who had at least $3,000 in earned income in 2007 but do not otherwise earn enough to be required to file a federal tax return need to file a return in order to get the stimulus payment. Likewise, Social Security recipients, veterans and retired railroad workers who might not otherwise need to file a tax return must do so to receive the economic stimulus payment.

Certain Benefits Count toward Qualifying Income

Normally, certain Social Security, Railroad Retirement benefits and certain veterans’ payments are not subject to income tax. However, the economic stimulus law passed in February contains a special provision allowing Social Security recipients and recipients of certain veterans’ benefits and certain Railroad Retirement benefits to count those benefits toward the qualifying income requirement of $3,000 and thereby qualify for the stimulus payment.

This means a taxpayer who had, for example, $500 in earned income and $2,500 in any combination of the benefits described above can count those benefit payments toward his or her qualifying income to reach the $3,000 earned income requirement, even though the individual would not otherwise owe taxes on such income.

For purposes of meeting the qualifying income requirement, the following benefits need to be reported in any combination on Line 20a of Form 1040 or Line 14a of the Form 1040A.

Social Security benefits reported on the 2007 Form 1099-SSA, which people would have received in January 2008. People who do not have a Form 1099 may estimate their annual Social Security benefit by taking their monthly benefit, multiplying it by the number of months during the year they received the benefits, and entering the number on Line 20a of Form 1040 or Line 14a of the Form 1040A. Supplemental Security Income (SSI) does not count as qualifying income for the stimulus payment.

Railroad Retirement benefits reported on the 2007 Form 1099-RRB, which recipients would have received in January 2008.

The sum of veterans’ disability compensation, pension or survivors’ benefits received from the Department of Veterans Affairs in 2007. People are allowed to estimate their annual benefit by taking their monthly annual veterans’ benefit, multiplying it by the number of months during the year they received benefits, and entering the number on Line 20a of Form 1040 or Line 14a of the Form 1040A.
People should note that Line 20a of Form 1040 and Line 14a of the Form 1040A are designated for Social Security. To qualify for the economic stimulus payments, these lines should also be used to include any qualifying Railroad Retirement or veterans’ benefits.

For Those Who Have Already Filed

Some recipients of the benefits described above may have filed a 2007 tax return reporting at least $3,000 in qualifying income. They do not need to do anything else. They will begin receiving their stimulus payments in early May.

Others may need to amend a previously filed tax return to include benefits to reach the $3,000 qualifying income level. Adding these benefits on an amended tax return will not increase an individual’s tax liability but will establish eligibility for the stimulus payment. Taxpayers can use IRS Form 1040X to amend a tax return in order to
qualify for the stimulus payment.

Free Tax Help Available

Individuals who need to file a return this year to receive a stimulus payment may be able to take advantage of thousands of free tax preparation sites nationwide for low-income and elderly taxpayers.

The Volunteer Income Tax Assistance (VITA) program provides help to low- and moderate-income taxpayers. Call 1-800-906-9887 to locate the nearest VITA site.

The Tax Counseling for the Elderly (TCE) Program provides free tax help to people age 60 and older. As part of the IRS-sponsored TCE Program, AARP offers the Tax-Aide counseling program at more than 7,000 sites nationwide during the filing season. To find an AARP Tax Aide site call 1-888-227-7669 or visit the AARP Web site.
(thax S.W.)

********************************************************
N.J. FAILS TO FULFILL PROMISE TO HOUSE DISABLED
********************************************************
N.J. fails to fulfill promise to house disabled
Waiting list for aid grows to more than 8,000 instead of being eliminated

Sunday, February 10, 2008

BY SUSAN K. LIVIO
Star-Ledger Staff

This was supposed to be the year of hope for thousands of families raising children with developmental and intellectual disabilities.

A state law enacted more than a decade ago promised a group home or apartment for disabled adults who longed for independence or whose parents needed respite after decades of physically and emotionally draining care.

With careful planning and steady investments, the law said, the waiting list of 4,700 people could be eliminated by 2008. Without it, the list would escalate to a staggering 7,500 people.

As of January -- the month the list was to have been eliminated -- there were more than 8,000 people waiting for housing assistance, according to budget records and state Department of Human Services statistics. The list surpassed even the early dire predictions in part because no money was spent on housing for disabled people for five of the past 10 years.

Among those on the list are Michael and Debbie Legutko's sons Derek, 23, and Frankie, 20. Debbie Legutko, who has been their full-time caregiver, survived breast cancer and heart valve surgery.

"We feel like we are going to be with these kids for the rest of our lives, and the older we get the harder it gets to do what it takes," said Debbie Legutko, 53, of Ringwood. "Up until now, we didn't need that much for them. Now we are looking for services the state is supposed to provide. They've given us nothing."

The Arc of New Jersey, a family advocacy group, is trying to attract political and financial support to reduce the waiting list but has been unable to gain any traction as most state lawmakers are focused on a looming budget deficit and Gov. Jon Corzine's plan to pay down the state's debt by raising highway tolls.

"We know the score. New Jersey is going through tough times," said Tom Baffuto, The Arc's executive director. "We are in a year where we'll be facing draconian budget cuts. But this is the number one priority with our families. We think this is a crisis situation that is only going to get worse."

After visiting families at home and witnessing "firsthand the profound commitment so many families make to caring for a relative," state Public Advocate Ronald Chen sent a letter to Corzine in December backing The Arc's proposal.

"This is a very real crisis and it must be addressed this fiscal year and every year thereafter until it is resolved," Chen's letter states.

Lilo Stainton, Corzine's spokeswoman, stressed the budgets are tight. "It's too early to comment on specifics for the upcoming budget, but Governor Corzine has made clear that it will include deep and painful -- but necessary -- spending cuts," she said.

Paring the waiting list became a popular cause in 1994, when voters passed a $160 million housing bond act for people with developmental disabilities and mental illness.

The Legislature followed up by spending roughly $24 million a year to pay private companies to staff the group homes and supervised apartments. With state and matching federal cash flowing from Medicaid, about 400 to 500 people with disabilities were scheduled to leave the waiting list each year.

When Gov. Christie Whitman enacted a law in 1997 requiring the Department of Human Services to develop a blueprint to end the waiting list by 2008, the goal seemed within reach, Baffuto said.

But by 2002, the economy stalled and state budget coffers emptied. The waiting list "fell off the radar screen," Baffuto said.

It surfaced in the current state budget in the form of a modest proposal from Corzine that commits $2.8 million to move about 28 people off the list this year.

There are 7,400 people with developmental disabilities living in subsidized community housing in New Jersey, according to the state budget. Every year, 900 more people are added to the waiting list by their parents, and 300 people move to the top of the list because their parents or caregivers die.

On the eve of budget negotiations for the coming budget year, which begins July 1, The Arc is asking lawmakers to support the "10 Percent Solution."

Of the 8,000 people on the list, half are considered "urgent" placements because their parents are 55 or older or they suffer from a chronic physical or psychiatric disease. Moving 10 percent of them off the urgent portion of the list each year would cost the state about $15 million, which would be matched by the federal government.

Baffuto called the plan "a reasonable, attainable goal" that won't break the bank.

The advocates have a powerful emissary: Senate Majority Leader Steve Sweeney, whose teenage daughter is disabled.

"I absolutely support it. This is a very reasonable approach to deal with the waiting list, which has to be dealt with," Sweeney said.

"I have a daughter with Down syndrome. Hopefully my son will be around to take care of her," Sweeney said. "But if there is an emergency, she could go into an institution. ... My daughter doesn't belong in an institution -- she deserves a life like anyone else."

Sweeney (D-Gloucester) said he believes Corzine "gets it. ... We have to find the money."

The Department of Human Services would like to tackle the waiting list, but instead it is grappling with "a worsening fiscal picture that has us all reconsidering our priorities," Assistant Commissioner Kenneth Ritchey said.

The Division of Developmental Disabilities' $1.4 billion budget is also under pressure from the hundreds of people living in state institutions who have sued the state to live in less-restrictive community housing. Most group homes and apartments for disabled people are 98 percent full, Ritchey said.

"The numbers are overwhelming us," Ritchey said. "But I recognize families should not have to wait for an emergency" for help.

Debbie and Michael Legutko wonder whether their sons will have to wait long.

Derek needs a place to live because he works, can take care of himself with supervision, and wants his own life, his mother said. "He'd like to live in Manhattan or Orlando," she said.

She worries most about her younger son, Frankie, who needs a ventilator to breathe because of a birth defect. He graduates from school in June and has few opportunities for work or housing. Only nursing homes are equipped to handle him.

Legutko said she met with Ritchey and his boss, Commissioner Jennifer Velez, but they offered no solutions.

"I would like for him to be placed where he is going to be happy while I am still alive," she said.

Susan K. Livio may be reached at slivio@starledger.com or (609) 989-0802.
(thax R.T.)

********************************************************
PROTECTING CONSUMERS
********************************************************
Protecting Consumers

February 14, 2008 • Volume 8, Issue 7

We know what works.

Legislation passed in 1990 regulating Medigap plans—insurance that covers the cost sharing under Original Medicare—largely ended the rampant marketing abuse that had subjected older adults to high-pressure, deceptive sales tactics and saddled many with multiple plans offering duplicative or substandard coverage.

That legislation should serve as a model for ending the abuses that have characterized the market for Medicare private health plans—so-called Medicare Advantage plans. Key elements of the Medigap model are increasingly recognized as applicable to the market for Medicare private health plans.

In testimony before the Senate Finance Committee last week, the vice president of sales for Humana, the Kentucky-based health insurance giant, recommended regulating the commissions paid to agents selling Medicare health plans. Such regulation already exists for sellers of Medigap plans and works well in discouraging agents from “churning”—moving customers unnecessarily to new coverage in order to win a commission. Leveling commissions would help preserve continuity of coverage in Medicare private health plans, without which any hope of providing coordinated care is illusory. It would also eliminate the volume bonuses—including those promoted by Humana—that encourage agents to sign up people with Medicare without regard to whether the plan suits their needs.

The Humana executive also proposed more stringent standards against “cross-selling”—using the opening provided from pitching a Medicare product to sell non-health insurance. The Centers for Medicare & Medicaid Services (CMS) goes even further, proposing in the draft contract terms for Medicare Advantage plans that agents be prohibited from using an in-home appointment scheduled for one product—a Medigap or prescription drug plan, for example—to enroll someone in a Medicare Advantage plans. Instead, the agent would have to wait 48 hours before returning to pitch the Medicare Advantage plan, giving the consumer time to review the benefits and drawbacks of the plan and consult with caregivers or independent counselors. These sensible rules would prevent agents from using one product to get their foot in the door and then using hard-sell tactics to sell coverage a consumer does not want. Cross-selling prohibitions are also long-standing practices among state insurance commissioners.

But new rules alone won’t do the job. CMS does not have the experience or personnel to see to it that agents and plans abide by those rules. State insurance departments have the know-how and the people, but they are preempted by law from taking any enforcement action against the plans. That is simply unworkable.

What we need is simple:

Rules that eliminate or at least reduce the incentive and opportunities for abusive, fraudulent and deceptive marketing of Medicare private health plans

Enough cops on the beat to enforce those rules  
(thax medicarerights)

********************************************************
SpEd - PYRAMID OF FRIENDS - IS MY CHILD READY TO READ YET?
********************************************************
Pyramid of Friends
Enhancing social skills and building peer relationships works wonders for students with needs. Use this worksheet to help students identify their pyramid of friends.See also ' Teaching the Social Skills'...read more

Is My Child Ready to Read Yet?
Although we all want our children to read early, the reading readiness skills need to be well established first. One of the ways to do this is to read frequently...read more

Power Struggles: Don't Engage
Whether you're a parent or an educator, you've probably already discovered that there are no winners in a power struggle. The classroom lends itself to endless power struggles - only...read more
(thax about.com)

********************************************************
WHAT IF MY MEDICARE HEALTH PLAN WON'T PAY FOR CARE I NEED?
********************************************************
Dear Marci,

I’ve had a chronic pain in my back that my doctor wants to investigate with an MRI. My Medicare private health plan has refused to authorize it, despite my doctor’s repeated requests. Is there anything I can do?
— Charles (Clifton Heights, PA)
-------------
Dear Charles,

You can appeal.

If you are being prescribed a service—for example a test or a surgery—or you need to see a specialist, and your plan refuses to agree to pay for this care (grant you prior authorization), you can file an appeal.

Note: If you are being denied coverage for a prescription drug, you must use the Medicare private drug plan "exceptions" process to ask your health or drug plan to cover a drug you need.

Read the full article on Medicare Interactive to learn how to appeal for care to your Medicare private health plan. http://medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=1576

— 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 V8-#27  Tuesday, February 26, 2008 -- No Vote, No Voice!  
========================================================
Looks like our Depression or Recession (depending on if you lost your job and home) is causing quite a stir in all the states budgets. I wonder if either Clinton or Obama will bring up any strategies on how to deal with our reeling economy during their debate tonight. It would be nice to actually "hear" a plan rather than all the wonderful "changes" that will be made, but, never mentioned. I suppose we'll know by tomorrow:) Just my thoughts...........kk:)

LQQK MONEY $$$$$$$ YOUR TAXES OF COURSE:)
Social Security News Update
The President has signed the economic stimulus bill. The Internal Revenue Service will begin sending stimulus payments, popularly known as tax rebates, in May 2008.

To find out if you are eligible for a stimulus payment or if you have other questions about the stimulus bill, please go to the IRS website at: www.irs.gov. The IRS website has the best and most up-to-date information to answer your questions about the stimulus payment.

If you do not have Internet access, you may call IRS on their toll-free number at 1-800-829-1040.

Social Security beneficiaries, who are filing a 2007 tax return only to obtain the stimulus payment, will not need a replacement Form 1099 for IRS to determine if they are eligible to receive a stimulus payment. An estimate of Social Security benefits received in 2007 is sufficient.

NEXT
California disability rights advocates join forces against budget cuts at "Respect-Ability" conference, March
Disability rights specialists, self-advocates, law and policymakers, educators, service providers and allies from other social justice groups are meeting to develop a joint advocacy agenda at the third Respect-Ability conference, taking place March 7-8 at the LAX Marriott.

As looming budget cuts threaten drastic reductions in vital programs for Californians with disabilities, this conference offers a unique opportunity to assess the best strategies and actions to lessen the impact of the cuts on already fragile lives. The purpose of the Respect-Ability coalition is to bring together representatives of the grassroots and leadership of the various disability groups to determine an effective common agenda.

The registration deadline is February 27 and details are available online: www.respectabilitycoalition.org  to request accessible rooms at the LAX Marriott, phone 310.337.5341; other room registration, 800.228.9290.

Contact: Barbara Duncan
Director of Communications
Protection & Advocacy, Inc. (CA)
Phone: (510) 267-1256
E-Mail: Barbara.Duncan@pai-ca.org

NEXT, BEST BUDDIES
Best Buddies is a nonprofit 501(c)(3) organization dedicated to enhancing the lives of people with intellectual disabilities by providing opportunities for one-to-one friendships and integrated employment.  Founded in 1989 by Anthony Kennedy Shriver, Best Buddies is a vibrant, international organization that has grown from one original chapter to more than 1,300 middle school, high school, and college campuses across the country and internationally.

Their six formal programs - Best Buddies Middle Schools, High Schools, Colleges, Citizens, e -Buddies and Jobs - will positively impact more than 350,000 individuals this year. Even though Best Buddies has advanced tremendously in their short existence, many areas of the country and many regions of the world still lack programs to help people with intellectual disabilities become part of mainstream society.

For more information about Best Buddies, visit their website at: www.bestbuddies.org or contact Ginny Kelly, Best Buddies of Virginia Program Manager, at 703.533.9420 or ginnykelly@bestbuddies.org

NEXT
Somebody very special. DIR and Floortime - why is this important?
What is DIR? What is Floortime?

Lucy Jane Miller (with articles in the New York Times, Time Magazine, and has appeared on NBC's Today Show) will be speaking at the SPD Foundation's
6th Annual National Symposium.

She and other speakers will present practical training in DIR-Floortime treatment of children with autistic spectrum disorders, regulatory disorders, sensory processing disorder, or with other challenges in relating and communicating.

What is DIR? What is Floortime? Want to learn more?

It's all right here:

http://autismtoday.com/spd-2008.html

Yours truly,

Karen Simmons Founder Autism Today
Autism Today
1425 Broadway #444 Seattle, WA 98122

HEAT OR EAT, BRRRRRRR
Heating and Hunger Linked Among More Low-Income Families in Vermont
(Barre Montpelier Times Argus, February 12, 2008)
Steeply rising fuel costs are forcing more and more Vermonters to choose heating their homes over maintaining a nutritious diet. As fuel costs have skyrocketed by 30-50 percent, and with Vermonters spending $800 million more for heat than four years ago, putting off eating for many in the state helps them put off frozen pipes. To battle hunger, low-income residents rely on inexpensive, calorie-dense foods, causing health problems later in life. Assistance may be coming through legislation which will provide weatherization funding to the state's low-income population. Waterbury representative Robert Dostis, also director of the Vermont Campaign to End Childhood Hunger, chairs the House Natural Resources and Energy Committee, which is working on legislation to increase the number of weatherized homes from 1,500 a year to 3,000 a year. The Hunger Council also wants to increase summer food programs for children, as research has shown children's BMI increases in the summer when they don't have access to nutritious food. While legislation will help with heating bills, the state still faces a hunger crisis, as food shelf participation has risen 130 percent over the past year.

SEE
More Middle-Class Families in Minnesota Seeking Assistance
(Minneapolis Star-Tribune, February 12, 2008)
Community centers are seeing more middle class families requesting assistance, especially to help battle hunger. "It's families with college educations, families who've worked before and have Nintendo at home…people who come to us in tears, having never had to ask for help before," said Pennie Page Hight, the director of outreach for the Community Action Council of Lakeville. That county food shelves are experiencing shortages is an "early warning," some say, that more people are struggling through a  slow economy, layoffs, and a weakened home building industry in the state. Some advocates say affluence in some counties has kept them from developing safety-net measures. 275,000 Minnesotans receive food stamps, yet 200,000 more are eligible but haven't applied for the benefit.
http://www.startribune.com/local/south/15478201.html

NEXT
Economy Forces Food Stamp Recipient Numbers to Historic High in Ohio County (Cleveland Plain Dealer, February 15, 2008)

According to a study by the Center for Community Solutions, 14 percent of Ohio’s Cuyahoga County’s 1.4 million residents received food stamps in 2007. Joseph Gauntner, the county’s director of Employment and Family Services, commented “That’s very likely the highest percentage ever enrolled in the program.” In addition, the number of food stamp recipients in the county increased by 40 percent between 2002 and 2007. The increased numbers are highest in the county’s suburbs, where the numbers have doubled, due, in large part, to the slowing economy. “The former steelworker who now cleans offices or works at McDonald’s suddenly needs help,” said Gauntner. The county’s efforts to publicize and enroll more eligible people in the program has also contributed to the increase in numbers. However, the Food Stamp Program is not the only safety-net program experiencing increased numbers. The report found higher use of food pantries, more suburban children eligible for free school lunches, and the United Way’s help line fielding more calls from the public looking for assistance in locating food.

WE WANNA VOTE TOO!
State Agencies Fail to Register Low-Income Voters as Required by Law
(Fox Business News, February 12, 2008)

Few low-income people who aren’t registered to vote also are not aware that there’s a law – the National Voter Registration Act –  requiring agencies serving them to register them as voters. According to a report titled “Unequal Access: Neglecting the National Voter Registration Act, 1995-2007, from the nonpartisan groups Demos and Project Vote, states including Virginia, Florida, Texas, and Nevada are neglecting to offer voter registration services. The law, in place since 2003, was enacted to increase voter numbers by mandating state agencies register individuals applying for food stamps, Medicaid, or a drivers license. Some states – North Carolina and Iowa – are complying with the law, but thousands of low-income citizens remain off the voting records. According to the report, public agency registrations have declined 79 percent between 1995 and 2006 – from 2.6 million to less than a quarter (540,000) of that number.

NEXT
Aging in Place Becomes Aging in Style
http://guidetoretirementliving.com/wordpress/?p=1160
(thax proaging)

NEXT
Autism group demands apology from CBS
http://apnews.myway.com/article/20080219/D8UT3AIG0.html

Albert Einstein found genius through autism
http://www.telegraph.co.uk/earth/main.jhtml?xml=/earth/2008/02/21/sciaut121.xml

University of North Carolina Prof suggests abortion for Down Syndrome babies
http://www.lifenews.com/state2906.html

Female Sexual Dysfunction
Vaginismus: Finding Hope for Unconsummated Marriages and Female Sexual Pain
http://www.womenshealth.gov/editor/2008/02/
National Women's Health Information Center

Heart Disease in Women
February Is American Heart Month
http://www.cdc.gov/Features/HeartMonth/
Centers for Disease Control and Prevention

Infant and Toddler Health
Your Baby's First Vaccines: What You Need to Know
http://www.cdc.gov/vaccines/pubs/vis/downloads/vis-multi.pdf
Centers for Disease Control and Prevention

Paralysis
Genetics Home Reference: Spastic paraplegia 3A
http://ghr.nlm.nih.gov/condition=spasticparaplegia3a
National Library of Medicine

Genetics Home Reference: Spastic paraplegia 4
http://ghr.nlm.nih.gov/condition=spasticparaplegia4
National Library of Medicine

Genetics Home Reference: Spastic paraplegia 7
http://ghr.nlm.nih.gov/condition=spasticparaplegia7
National Library of Medicine

Genetics Home Reference: Troyer syndrome
http://ghr.nlm.nih.gov/condition=troyersyndrome
National Library of Medicine

AND
FAST FACT
The number of American doctors specializing in primary care in U.S. residency programs has decreased from 23,801 in 1995 to 22,146 in 2006, according to a recent report by the Government Accountability Office. Senator Bernie Sanders, Independent of Vermont, suggested the report reflects an increasing dependence on international providers for primary care and recommended Congress offer more scholarships to American students interested in specializing in primary care (“Primary Care Professionals: Recent Supply Trends, Projections, and Valuation of Services,” Government Accountability Office, February 11, 2008).

FINALLY
Virginia Board for People with Disabilities Seeks New Members 
Eight Board positions will be available for terms running from July 1, 2008 through June 30, 2012.  Interested individuals must submit an application for appointment by the Governor, with subsequent reappointment possible for an additional four-year term. 

Designated positions available in July 2008 include a person with a developmental disability (DD), a person with a disability other than DD, a parent or guardian of a person with DD, an immediate relative or guardian of a person with mentally impairing DD, and individuals representing a local governmental agency, manufacturing or retail, high technology, and a non-governmental agency or group concerned with service for persons with DD. 

For more information or to download an application, visit www.vaboard.org/aboutvbpd.htm#AppointmentInformation.  Applications for July 2008 appointments will be accepted beginning on April 1, 2008. 


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

Keith-

========================================================
1. HUDs CONSOLIDATED PLANS & HOUSING "COST BURDENS"
2. OVERCROWDING AT ERs REACHES CRISIS LEVEL
3. CAN SENIORS GET A CHECK UNDER THE NEW ECO-STIMULUS LAW?
4. SpEd - POWER STRUGGLES - LOOKING FOR PROFESSIONAL ARTICLES
5. LIST OF WORST NURSING HOMES RELEASED
6. RESOURCES ON THE OLMSTEAD DECISION
========================================================
********************************************************
HUDs CONSOLIDATED PLANS & HOUSING "COST BURDENS"
********************************************************  
HUD's Consolidated Plans and Housing "Cost Burdens." Information Bulletin #241 (2/08)

In March 2006, HUD promulgated new Consolidated Plan requirements in the
Federal Register. Participating jurisdictions that receive federal HOME Investment Partnership funds and Community Development Block Grant funds must complete Consolidated Plans.

The "new" Consolidated Plan requirements emphasize identifying "need" and assigning a "priority" to each need.  After these have been identified, jurisdictions that receive HOME and CDBG funds must indicate, for five years, how much money from these funds will be allocated to meet the identified "needs" and "priorities."

For example, if renters whose household incomes are at or below 30% of your area's "area median income" (aka "median family income") are identified as having a housing need and it's a "high" need, then some of the HOME and/or CDBG funds should address them. If they're not identified as having a very high need, then shame on you; your advocacy should be reexamined.

Here's one idea how disability housing advocates might use the Consolidated Plan process to increase HOME's tenant-based rental assistance, aka housing subsidies in your area.  It's a two-stepper.

First, HUD instructs jurisdictions that to determine housing need in the ConPlan they should use data from HUD's SOCDS:CHAS, i.e.,State of the Cities Data Source: Comprehensive Housing Affordability Strategy.

Second, HUD also defines that households should pay approximately no more than 30% of their income on housing costs, i.e., for renters that's both the rent plus utilities.  For households which pay more than 30% of their household incomes on housing costs, they have, according to HUD, a "cost burden."

Go to http:// socds.huduser.org, click on CHAS Data and then click on the "nonframe version of CHAS."  Under "housing problems," click on your State and then the specific jurisdiction you want. You can then see, e.g., for "All Renters" whose incomes are at or below the 30% of the AMI/FMI, the percentage of renters which spend MORE than 30% of their incomes for rent and utilities b they have a "cost burden."  You can also see the percentage who pay MORE than 50% of their incomes for rent and utilities. They have a really big "cost burden." (The annual "Priced Out"reports from TAC, Inc., are also very helpful and should also be used.)

The larger the percentage of the lowest income families with severe "cost burdens," the great the housing need in your jurisdiction!  If your ConPlan does not use the CHAS information to identify as a priority need the percentage of households that have "cost burdens" and/or then does not allocate a reasonable portion of their HOME/CDBG for rental assistance for persons whose family incomes are at or below 30% of the AMI/FMI and whose "cost burdens" exceed 50% of their incomes, you should be asking HUD to not approve the ConPlan.

How could HUD approve a ConPlan where there is a significant percentage of the lowest income households (i.e., incomes at or under 30% of the AMI) with significant "cost burdens," but the ConPlan does not either identify this as a need and/or does not allocate rental assistance to alleviate that need?

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.

********************************************************
OVERCROWDING AT ERs REACHES CRISIS LEVEL
********************************************************
OVERCROWDING AT ERs REACHES CRISIS LEVEL

Overcrowding at American emergency rooms has reached “crisis levels,” and will likely prevent the nation’s emergency care network from sustaining its role as a safety net for uninsured and low-income Americans, according to several recent studies covered in the Los Angeles Times.

The American College of Emergency Physicians surveyed 1,000 emergency room doctors in September, and found that one in five doctors, or 20 percent, had seen a patient die while waiting for emergency care. Emergency room wait times for chronically ill patients are up 150 percent from 1997, forcing those suffering from heart ailments to wait, on average, a full hour before receiving emergency care.

In 2006, the National Institute of Medicine warned that emergency rooms in the United States had reached a “breaking point,” as increasing demand surpassed the dwindling number of beds available. Insurance companies have cut payment rates for emergency care, leaving little funding for emergency departments to take on increasing numbers of uninsured and chronically ill patients who seek emergency care and cannot afford to pay.

More recently, doctors have seen emergency rooms resort to “boarding,” where patients are placed on gurneys in hospital hallways, to wait until beds become available. Lark Galloway-Gilliam, executive director of Community Health Councils, which advocates for improved access to health care, describes the situation as desperate. She told the Los Angeles Times, “We now see patients getting sicker and going to ERs, and the ERs don’t have the capacity to deal with this volume and level of illness.”
(thax medicarerights)

********************************************************
CAN SENIORS GET A CHECK UNDER THE NEW ECO-STIMULUS LAW?
********************************************************
This is the February 25, 2008, issue of Elder Law FAX, a free newsletter published by the Elder Law Practice of Timothy L. Takacs.

Money from the Government: Can Seniors Get a Check under the New Economic Stimulus Law?

The 2008 Economic Stimulus Act was signed into law by President Bush earlier this month. The law provides for stimulus payments (also called recovery rebates) to eligible taxpayers. And almost everyone is eligible. So, who can get money from the government? And how?

"How do I get a rebate check?"

In most cases, according to the Internal Revenue Service, taxpayers will not have to do anything extra to get the recovery rebates. "Eligible" taxpayers just need to file a 2007 federal income tax return.

"I haven't been required to file a tax return for several years. Does that mean I am not eligible?"

Many persons who may not be required to file an income tax return nonetheless WILL be eligible for a recovery rebate if they had at least $3,000 of qualifying income.

Qualifying income includes Social Security benefits, certain Railroad Retirement benefits, certain veterans' benefits and earned income, such as income from wages, salaries, tips and self-employment. For people filing joint tax returns, only a total of $3,000 of qualifying income from both spouses is required to be eligible for a payment.

"How do I claim my recovery rebate?"

You must file Form 1040A to claim a recovery rebate. Here is how:

1. In the blank space at the top of page 1 of Form 1040A, eligible individuals should write the words "Stimulus Payment" above the title of the form.

2. Eligible individuals should enter names, mailing address, and Social Security numbers on the appropriate lines of Form 1040A and should enter filing status and exemption information on lines 1 through 6d of the form.

3. Eligible individuals should enter wages and other compensation (including net earnings from self-employment) received in 2007 on line 7 of Form 1040A.

4. Eligible individuals should enter qualifying income received in 2007 in the form of Social Security benefits, Tier 1 railroad retirement benefits and certain veterans' disability or survivor benefits on line 14a of Form 1040A. Individuals who do not have documentation of the exact amount of these government-provided benefits may estimate their annual benefit by multiplying their monthly benefit, prior to any deductions for withheld taxes or Medicare premiums, by the number of months during 2007 that they received the benefit.

5. Eligible individuals who request direct deposit of their economic stimulus payment into their account at a bank or other financial institution should complete lines 44b through 44d of Form 1040A. Eligible individuals may not request a deposit of the stimulus payment into an account that is not in the eligible individual's name.

6. Eligible individuals should sign and date the form under the penalties of perjury statement, and should enter the identifying information of any third party designee or paid preparer, if applicable, at the bottom of page 2 of Form 1040A.

Based on the information provided on Form 1040A, the Service will compute the amount of the stimulus payment that will be refunded or credited.

"How much money will I get?"

For the individual (or married couple) who has no net income tax liability for 2007, the individual may receive a minimum of $300, and $600 in the case of a joint return.

Otherwise, the amount of the 2008 economic stimulus payment is the lesser of (1) the individual's net income tax liability for 2007, or (2) $600 ($1,200 in the case of a joint return).

The Internal Revenue Service has created a page on its Web site devoted to the 2008 economic stimulus payments. Go here for more information, including "Stimulus Payments: Answers to Frequently Asked Questions": http://www.irs.gov/irs/article/0,,id=177937,00.html

Elder Law Practice of Timothy L. Takacs
201 Walton Ferry Road, Hendersonville, TN 37075 · (615) 824-2571
1680 S. Jefferson, Suite A-B, Cookeville, TN 38506 · (931) 526-3828
www.tn-elderlaw.com

********************************************************
SpEd - POWER STRUGGLES - LOOKING FOR PROFESSIONAL ARTICLES
********************************************************
Power Struggles: Don't Engage
Whether you're a parent or an educator, you've probably already discovered that there are no winners in a power struggle. The classroom lends itself to endless power struggles - only...read more

Looking for Some Professional Journal Articles?
The American Academy of Special Education Professionals has extremely worthwhile journals and puts out a regular newsletter. The winter newsletter includes the following: Evaluating Childhood Bipolar Disorder: A Survey of School...read more

Inclusional Classroom: Do You Do What It Takes?
Are you doing everything you can to support students with learning disabilities and students with ADHD in the regular classroom? If you're not sure, take this test to make...read more
(thax about.com)

********************************************************
LIST OF WORST NURSING HOMES RELEASED
********************************************************
List of Worst Nursing Homes Released

The Associated Press
Tuesday, February 12, 2008; 5:12 PM

WASHINGTON -- After initially resisting their disclosure, the Bush administration on Tuesday published the names of 131 nursing homes with poor inspection records and said some were already showing signs of improvement.

The list released by the Centers for Medicare and Medicaid Services represents troubled facilities cited as a "special focus facility," a designation used to identify those that merit more oversight. For these homes, states conduct inspections at six-month intervals rather than annually.

Last November, the government released a partial list of 54 nursing homes that ranked among the worst in their states, balking at releasing the full list of homes with the "special focus" designation. After a group of Democratic lawmakers began pushing for full disclosure, CMS said Tuesday it was publishing the names after cross-checking information to ensure the release of the most accurate data.

CMS will update its list of troubled nursing homes on a quarterly basis, with its next release scheduled for April.

"This is the latest in a series of steps we will be taking to improve quality and oversight in nursing homes," said Kerry Weems, CMS acting administrator. "We are issuing more information on special focus facilities to better equip beneficiaries, their families, and caregivers to make informed decisions and stimulate robust improvements in nursing homes having not improved their quality of care."

"This should just be one of the tools," Weems added. "There is no substitute for visiting the nursing home in person."

The list released Tuesday shows 52 nursing homes as not showing improvement after they were cited as a higher-risk nursing home, while another 52 did show some improvement. Twenty-seven nursing homes were added to the list in the last six months.

Out of the 54 nursing homes initially disclosed as poor performers last November, 21 have shown improvement, CMS said, adding that publicity about the problems might have played a factor.

There are about 16,400 nursing homes nationwide, and taxpayers spend about $72.5 billion annually to subsidize nursing home care.

While most nursing homes have some deficiencies, with the average being six to seven deficiencies per survey, the special focus facilities typically have about twice that number, and continue to have problems over a long period of time. However, the states determine which nursing homes should get the designation, and inspection standards vary among the states.

The offenses typically involve unnecessary use of medication for elderly residents, or inadequate safeguards to protect residents such as those with Alzheimer's from day-to-day hazards in the nursing home.

Sen. Herb Kohl, D-Wis., who chairs the Senate Special Committee on Aging, applauded CMS' move.

"We believe that Americans should have access to as much information about a nursing home as possible," he said. "We also agree that giving consumers more information about our nation's nursing homes is a good idea, but that doing so in a manner that causes a panic is not."
___
On the Net:

The nursing home list can be found at:
http://www.cms.hhs.gov/CertificationandComplianc/Downloads/SFFList.pdf

Senate Special Committee on Aging:
http://aging.senate.gov/
(thax S.W.)

********************************************************
RESOURCES ON THE OLMSTEAD DECISION
********************************************************
REFERENCE POINTS:  Resources on the Olmstead Decision (from TATRA)

NURSING HOME REFORMS: TWENTY YEARS AFTER OBRA '87                  
This event, sponsored by the Kaiser Family Foundation and the Alliance for Health Reform featured a panel of experts discussing the Nursing Home Reform Law, which was part of the Omnibus Reconciliation Act of 1987 (OBRA '87). Panelists examined current issues facing nursing homes and the progress since OBRA was passed. A podcast is also available. http://www.kaisernetwork.org/healthcast/alliance/07dec07

EIGHT YEARS AFTER OLMSTEAD
This Web cast hosted by the Southwest ADA Center at ILRU reviewed the
Olmstead decision and its importance in interpreting the Americans with
Disabilities Act (ADA) and its effects on federal and state policy. The Web cast highlighted promising practices around the country that have resulted since the decision eight and one-half years ago, and also barriers that remain. To link to this Web cast and download accompanying materials visit:
http://www.ilru.org/html/training/webcasts/archive/2008/01-02-CC.html

MEDICAID AND STATE BUDGETS: LOOKING AT THE FACTS
Since Medicaid is funded by states as well as the federal government, it has a considerable impact on state budgets. When considering Medicaid's impact on state budgets and other state spending priorities, it is important to distinguish between total spending on Medicaid and spending with state funds. Often this distinction is not made. This brief examines the different measures and provides data on how much each state spends on Medicaid. The brief can be found at
http://www.hcbs.org/moreInfo.php/nb/doc/2138

CASH & COUNSELING: IMPROVING THE LIVES OF MEDICAID BENEFICIARIES WHO NEED PERSONAL CARE OR HOME AND COMMUNITY-BASED SERVICES
This final report summarizes the findings from five years of research on how each of the three demonstration states implemented its program, and how the programs have affected the consumers who participated, the consumers paid and unpaid caregivers, and the costs to Medicaid. The analysis is based on an experimental design to ensure that the estimates of program effects are unbiased, and has sample sizes that are adequate to detect program effects of policy-relevant magnitudes. The report can be found at: http://www.hcbs.org/moreInfo.php/nb/doc/2108

UPDATED DATA ON HOME AND COMMUNITY BASED SERVICES
The  State Health Facts .org web site has been updated, based on analysis of the Centers for Medicare and Medicaid Services' (CMS) Form 372 performed by the Kaiser Commission on Medicaid and the Uninsured and the University of California at San Francisco. Data on home and community based services waivers has been added as has 2004 HCBS expenditure, participant, and waiting list data for all states and the nation, and information on home health and personal care service expenditures and participants. To access the web site go to http://www.statehealthfacts.org/comparemaptable.jsp?ind=240&cat=4

WHAT IS THE DIFFERENCE BETWEEN MEDICARE AND MEDICAID?
Medicare is an insurance program that serves people over 65 regardless of their income, younger people with disabilities and dialysis patients. Medicaid is a medical assistance program. Under Medicaid medical bills are paid from federal, state and local tax funds. This program serves low-income people of every age.
More information on both programs can be found at http://www.hhs.gov/faq/medicaremedicaid/85.html
(thax J.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 V8-#27  Thursday, February 21, 2008 -- No Vote, No Voice!  
========================================================
The presidential primaries are still going on and now the rumors are starting to play out. McCain just about has it wrapped for the GOP but now he is being called out on what is probably a frivolous charge of taking indecent liberties with a lobbyist who happened to have business with his office. Whoever is leaking this story really needs to try another approach. Obama is sailing further ahead of Clinton and this race may soon be out of reach for Clinton. It's been an interesting primary if nothing else.

Let's get on with the news..........

INVITATION
Plans are well underway for ADAPT's huge, historic 25th celebration in D.C., April 26- May 2, 2008.

On April 27, ADAPT will hold its 2nd Fun Run/Roll, with the incomparable Marca Bristo as the Honorary National Runner/Roller, http://www.adaptfunrun.org

On the evening of April 30, "When You Remember Me," http://movies.nytimes.com/movie/129908/When-You-Remember-Me/overview , the made for TV film that chronicles Wade Blank's work freeing youth from a Denver nursing home...work that morphed into the creation of both Atlantis, and ADAPT, will be shown.

On May 1, they'll be a day like no other. Storycorps, http://www.storycorps.net/ ,  will be capturing stories for the library of Congress.  There will be ADAPT Jeopardy.  There will be two huge rooms of multimedia ADAPT historical displays, including blow-ups of 50 of Tom Olin's incredible photos, every T-shirt from every ADAPT action over the past 25 years, artifacts, memorabilia, first person accounts of every action, videos, slides, music.  There will be Tales Around the Campfire with Mark Johnson.  There will be a live retrospective show, and live music by the likes of Elaine Kolb, Diane Coleman and Johnny Crescendo.  We are expecting the Road to Freedom Bus and displays.  There will be a barbecue dinner, with remarks by former Rep. Pat Schroeder, who was there on the Denver streets with ADAPT,  and possibly also remarks by Andrew Young.

There will be Disability History.  There will be Disability Culture.  There will be Disability Family.  There will be a dance and CAKE!

NEXT
Survey on Media and People With Disabilities
From Anna Pakman, a first year MBA student at Columbia Business School

I am conducting a survey as primary research for my paper on Media Consumption & People with Disabilities for my Consumer Behavior class. I would appreciate it if you could take a few minutes of your time to answer some questions about your consumption of television, film, Internet, and radio programming. As you probably know, the Nielsen ratings track media consumption for just about every population EXCEPT our community so the only way I can get this data is through your assistance. All individual survey responses are anonymous and will be kept strictly confidential.

You may access the survey at:
http://withtv.typepad.com/weblog/2008/02/survey-media-co.html

The deadline for filling this out is March 31, 2008. Please feel free to forward this on to any and all individuals and organizations that may have an interest in completing the survey or getting their constituents to do so.

Should you have any further questions please feel free to contact me at apakman09@gsb.columbia.edu If the survey presents any problems for those using screen reading software please let me know and I can figure out another way to get it to you. Unfortunately, I need to use Qualtrics as it is the only surveying software provided by Columbia University and I have no control as to how accessible/unaccessible it is. If you have a lot of trouble, please record your problems and e-mail them to me so I can forward it on to our IT people who can then relay this feedback to the vendor.
(I just love Cheryl at the NVRC as she makes my work so easy:)

NEXT
Press Release
Samuels Public Library
Date:  February 21, 2008
Contact:  Barbara Ecton
              540-635-3153
Location: Samuels Public Library, 538 Villa Avenue, Front Royal, VA  22630

Sonja D. Carlborg, successful grant writer and nonprofit administrator for fifteen years, will present workshops in Grant Writing and Board Development at Samuels Public Library.  Ms. Carlborg has taught grant writing workshops to both individuals and organizations, including Grant Writing from the Panelist perspective for the Maryland Association of Nonprofit Organizations.  She is also an adjunct Assistant Professor in Arts Management at American University and at George Mason University, where she teaches at the graduate level.  In 2005, she coauthored A Tool Kit for Fundraising and Resource Development with David A. Pichette. 

Grant Writing 101: Proposal Writing from the Panelist Perspective
Grant Writing 101 will be presented on February 23 from 2:00 - 4:00 p.m. at Samuels Public Library.  This workshop will follow the grant writing process from initial contact with the prospective funder, through the writing itself, to an actual panelist experience in which you will evaluate a mock proposal yourself.  You will also learn how to set up a collaborative project in a way that will appeal to a funder, result in greater returns, and benefit all involved. 

Board Development 101: But I don't Know Anyone Like That: Avoiding Common Mistakes in Recruiting your First Board
Board Development 101 will be presented on March 2 from 2:00 - 4:00 p.m. at Samuels Public Library.  This workshop presents a basic overview on setting up an infrastructure for successful board development and troubleshooting right from the start.  But I Don't Know Anyone Like That is designed for founders, board members, and directors of start-ups and organizations making the transition from the start-up phase.

NEXT
Bridges4Kids NewsDigest: February 18, 2008 (Great newsletter folks:)
The latest edition of the Bridges4Kids NewsDigest is now available online at: http://bridges4kidsnewsdigest.c.topica.com/maaj4CLabE3n5bboDaTbafpLKt/

LQQK
Social Security News Update
The President has signed the economic stimulus bill. The Internal Revenue Service will begin sending stimulus payments, popularly known as tax rebates, in May 2008.

To find out if you are eligible for a stimulus payment or if you have other questions about the stimulus bill, please go to the IRS website at: www.irs.gov. The IRS website has the best and most up-to-date information to answer your questions about the stimulus payment.

If you do not have Internet access, you may call IRS on their toll-free number at 1-800-829-1040.

Social Security beneficiaries, who are filing a 2007 tax return only to obtain the stimulus payment, will not need a replacement Form 1099 for IRS to determine if they are eligible to receive a stimulus payment. An estimate of Social Security benefits received in 2007 is sufficient.

AND
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 2008 Youth Leadership Forum (YLF).  The 2008 Forum will be hosted at Christopher Newport University in Newport News from July 4-18, 2008.  Twenty-five Virginia high school students with disabilities will be selected to receive full scholarships to participate in this exceptional leadership development program.  Scholarships cover the entire cost for delegates to attend YLF, including transportation, room & board, instructional materials, activities, interpreters, personal care assistants, and individual medical care as required.

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 2008 YLF delegate. 

CD-ROMs that include YLF 2008 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 no later than March 31, 2008. 

For more information or to obtain an application, contact Teri Barker-Morgan or Kara White at 1-800-846-4464 (toll-free, voice/TTY) or by e-mail at Teri.Barker@vbpd.virginia.gov or Kara.White@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 www.vaboard.org/ylf.htm. 

Become a Partner in Policymaking. Apply Now to Join the Class of 2009!

Recruitment of individuals with developmental disabilities and parents of young children with developmental disabilities for the 2008-2009 Virginia Board for People with Disabilities’ (VBPD) Partners in Policymaking (PIP) advocacy training program is currently underway.  Partners graduating with the Class of 2009 will join nearly three hundred current alumni of the Virginia PIP program, and thousands who have graduated from similar programs across the country, who have learned how to make a difference every day for themselves, their families, and their communities. 

Individuals participating in PIP attend advocacy training, resource development, and skill building workshops led by state and national experts.  Topics covered include the history of the disability movement, self advocacy, independent living, supported employment, building inclusive communities, natural supports, legislative advocacy, assistive technology, communication, team building, and much more!  VBPD covers all expenses for participants’ training, lodging, meals, and travel. 

Program participants attend and actively participate in eight two-day sessions, from Friday afternoon and to late Saturday afternoon, in Richmond, Virginia.  Specific dates for 2008-2009 are still to be confirmed but will include one session per month in September, October, and November 2008 and January, February, March, April, and May 2009.  Accepted participants must agree to complete all homework, class assignments, and one major project designed to meet competencies. 

To be considered for participation in PIP, individuals must submit a completed application form and provide three letters of recommendation.  Applications can be downloaded from VBPD’s website at www.vaboard.org/policymaking.htm.  All application materials must be received at the Virginia Board’s offices by no later than Wednesday, April 30, 2008. 

Additional information and applications may also be obtained by contacting Erin Hickey at Erin.Hickey@vbpd.virginia.gov or  Teri Barker Morgan at Teri.Barker@vbpd.virginia.gov or by calling 1-800-846-4464 (toll free, voice & TTY). 

Board for People with Disabilities Seeks 2008-2009 Disability Policy Fellow

Each year, the Virginia Board for People with Disabilities offers a unique opportunity for an outstanding graduate student to make a difference in the lives of people with disabilities and their families.  In addition to earning an annual stipend of $17,500, the Board’s 2008-2009 Disability Policy Fellow will gain extensive knowledge of the state’s disability services system and policy while working closely with other members of the Board’s staff. 

A detailed description of this exceptional professional development and work/study opportunity, as well as eligibility and application details, may be found on the Board’s website at www.vaboard.org/policyfellowship.htm.  The site also features examples of research projects by previous Policy Fellows and a downloadable flyer about the Fellowship that can duplicated for direct distribution or prominently posted where eligible students are most likely to see it. 

The deadline for receipt of applications is 5:00pm, Friday, March 14, 2008.  All eligible graduate students from across the Commonwealth are encouraged to apply, including multiple applicants from the same school or program.  Following the deadline, a competitive selection process, involving both review of applications and follow-up interviews, will select a single applicant to serve as the Board’s 2008-2009 Fellow.  Selection will be made by the end of April 2008. 

For additional information, call Linda Redmond at 1-800-846-4464 (toll-free, voice & TTY) or e-mail her at Linda.Redmond@vbpd.virginia.gov. 

For more information on the Virginia Board for People with Disabilities, please visit our website at www.vaboard.org or contact: 

Tom Driscoll
Strategic Planning & Marketing Manager
Virginia Board for People with Disabilities
202 N. 9th Street, 9th Floor
Richmond, Virginia  23219
804-786-9380 (voice & TTY)
804-840-6482 (mobile)
800-846-4464 (toll-free, voice & TTY
804-786-1118 (fax)
thomas.driscoll@vbpd.virginia.gov
www.vaboard.org

NEXT
Community Integration Information and Training Sessions
Free training will be held at multiple locations throughout Virginia.  Each of the locations will be linked by video conference. Site locations and contact information is below.

February 21, 2008, 2:00 pm – 4:00 pm

Overview of Money Follows the Person Demonstration Project and Olmstead Strategic Plan
This training session will provide an overview of both Virginia’s Money Follows the Person Demonstration Project and the Cross-Governmental Strategic Plan for Continued Community Integration (Olmstead Plan).  The session will include a description of the federal initiative for the projects, Virginia’s proposal and goals of the projects, current status of the implementation plans, and highlights of some of the achieved milestones.  The session will also include an opportunity for question and answer from participants. 

April 24, 2008, 2:00 pm – 4:00 pm

Overview of the Olmstead Strategic Plan and the Money Follows the Person Demonstration Project Housing and Transportation Initiatives
This training session will provide specifics on the housing and transportation implementation plans contained within the Cross-Governmental Strategic Plan for Continued Community Integration (Olmstead Plan) and the Housing and Transportation section of the Money Follows the Person Demonstration Project Operational Protocol.   The session will also include an opportunity for question and answer from participants. 

May 15, 2008, 2:00 pm – 4:00 pm

New Services under the Money Follows the Person Demonstration Project
This training session will provide participants with specific operational details of the new services under the Money Follows the Person Demonstration Project that are contained within the Operational Protocol (Guidebook).  The training will focus on the specifics of each of the new services including service definitions, qualifications, eligibility, and, general coverage.  The session will also include an opportunity for question and answer from participants. 

Who should attend?
Individuals who work for a public or private provider of nursing home, ICF/MR or long-stay hospital care or services;  a public or private provider of services, supports, transportation or housing in the community for individuals with disabilities or seniors in need of services; a disability or aging advocacy organization; or a local, regional or state government agency.

Site & Contact List
Clinch Independent Living Services (Grundy)   Betty Bevins   276-679-5988   
Junction Center for Ind. Lvg (Duffield)   Sandra Spivey   276-679-5988   
Blue Ridge CIL (Roanoke)   Karen Petrie   540-342-1231 
Access Independence (Winchester)   Donald Price   540-662-4452   
Endependence Center of Nova (Arlington)   Layo Osiyemi   703-525-3268 x13       
Eastern Shore CIL   Eastern Shore WFC/VEC   Jack Bonniwell    757-302-2029   
Endependence Center Norfolk   Cheryl Simpson    757- 461-8007  
DRS Lynchburg Office   Roxanne Slaughter   434-947-6721   
Manassas DRS   Sandy Williams   703-335-9034   
Harrisonburg DRS   Sinclair Hubard   540-434-5981   
Fredricksburg DRS   Debra Morgan    540-899-4041   
Danville DRS Field Office Danville      Doriane Mills    434-791-5257   
Wytheville DRS Michael Rouse   276-228-2108   
DRS Central Office   Joyce McKune   804-662-7120  
 
HAPPY BIRTHDAY STEVE
65 and Going Strong!
Come celebrate (somewhat belatedly) Steve Weiss’ 65th Birthday hosted by the Community Alliance of Tenants (CAT).

Steve has been providing passionate leadership for the Community Alliance of Tenants for more than a decade now, and each year he seems fiercer than the year before.

In 1991, Steve moved to Portland and discovered first hand the housing crisis facing low-income Portlanders.  He became active in efforts to address the housing and service needs of Portland’s most vulnerable residents.  He was recruited to the Board of Oregon Housing NOW Coalition (OHN) where he helped create the CAT.  Steve is a founding Board Member of CAT, served as Board Chair for our first 3 years, and was elected again this year as CAT’s Board Chair.

Steve continues to dedicate his time and energy advocating for seniors, people with disabilities and the poor, and organizing to challenge broken systems and hold public officials accountable.  His work has made a tremendous difference in the lives of Oregon’s most vulnerable citizens.  Join us in taking this opportunity to honor Steve and his ongoing efforts.

Party Info:
Feb 26th from 5:30 – 7:30 (drop in anytime)
Augustana Lutheran Church
2710 NE 14th (Corner of 15th and NE Knott)
Bus Number 8
Space is accessible to people with disabilities

Please RSVP to Ari at ari@oregoncat.org or 503.460.9702

There will be light food, cake and beverages provided.
Jambalaya and cornbread generously provided by:
Miss Delta
3950 N Mississippi (restaurant location, not party location)
Portland, OR 97227
503.287.7629

Bring your love and bring your checkbook.  Join Steve in supporting the Community Alliance of Tenants.

Ian Slingerland
Executive Director
Community Alliance of Tenants
ian@oregoncat.org
503.460.9702
Renters' Rights Hotline
503.288.0130
(Wish I could be there Steve, but Happy Birthday anyway:)

FINALLY
With all of the Olmstead news and MFP talks going on around the state I thought it was appropriate for me to write about Olmstead in Virginia. Please read our first story and learn what Virginia is doing. This has run in several newspapers across the state.


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

Keith-

========================================================
1. OLMSTEAD IN VIRGINIA
2. 211 LAUNCHED IN N. VA FOR INFO & REFERRAL 
3. A RISING TIDE WON'T LIFT A LEAKY BOAT
4. SpEd - INCLUSIONAL CLASSROOM - IDEA 101 - OH, HAVE A LITTLE HEART
5. DEAR MARCI - WHAT CAN I DO IF I THINK MY PART B PREMIUM IS TO HIGH?
========================================================
********************************************************
OLMSTEAD IN VIRGINIA
********************************************************  
Olmstead in Virginia
Many people in Virginia are wondering just what the Olmstead decision is and has done to enhance their lives. This year we will begin to realize all of the new programs and initiatives that have come together to make the Olmstead decision, which requires that persons with disabilities and seniors who use long term care supports to be able to live in the most integrated setting possible, a reality. 

The Olmstead decision at its core was about two individuals who lived in institutions and wanted to live in the community. Without their determination to make change through Olmstead, Virginia would not be where it is today. Just as importantly, without the active and ongoing input of individuals who use services and supports, Virginia will not get to where it needs to be tomorrow.

"Beginning in May, with a 'Money Follows the Person' (MFP) Demonstration combined with several other state grants pursued and won by the state, Virginia will start the long overdue process of assisting 1,041 seniors and individuals with disabilities to transition to the community from institutions over the next four years. This will be accomplished by adding needed services to the Medicaid home and community based care waivers, and addressing their housing and transportation needs.

These are exciting times and, although change takes time, once all the changes are made community living opportunities will be much more than just a dream. There are many diverse groups of dedicated people seeking to see that every citizen, be they a senior or a person with a disability, will finally have a "real choice" in deciding where and how they go about living and aging in an integrated community with all the proper supports in place. This seemingly complex list of groups and people have undertaken the very daunting task to comply with everything that originated from the Olmstead decision.  For additional information, please visit www.olmsteadva.com or www.olmsteadva.com/mfp/

Keith Kessler

********************************************************
211 LAUNCHED IN N. VA FOR INFO & REFERRAL 
********************************************************
CrisisLink Launches 2-1-1 to Connect Northern Virginians to Critical Services
Northern Virginia 2-1-1 completes 2-1-1 VIRGINIA statewide system

ARLINGTON, VA (Feb. 11, 2008)- As of today, Monday, February 11th, 2-1-1 service is available throughout Northern Virginia seven days a week from 8 a.m. to midnight, completing the 2-1-1 VIRGINIA statewide system for free Information and Referrals (I&R) on health and human services. Just like 9-1-1 is the three-digit number for emergencies, 2-1-1 is the FCC-designated national three digit number to get information about health and human resources. CrisisLink-a nonprofit providing hotlines for the region since 1969-is answering 2-1-1 calls in Northern Virginia.

"2-1-1 is for everyone, no matter what age or income," explains CrisisLink's Executive Director Carol Loftur-Thun. "CrisisLink will help Northern Virginians navigate our increasingly complex social services system, and help people find resources to prevent as well as solve problems. For example, 2-1-1 can help you find a day program for your aging parent with early stage dementia, or daycare for your toddler, and more. CrisisLink is proud to be a partner in the 2-1-1 VIRGINIA system."

2-1-1 is not only critical for people looking for help everyday; it can also be critical for public information during disasters and emergencies. During and after the wildfires in San Diego, calls jumped from 3,000 to 25,000 a day, and 2-1-1 provided up-to-date, accurate information for those seeking shelter, information on road closures, and other critical information. The National Governors' Association cited 2-1-1 as a "key strategy for state community preparedness and response plans." 2-1-1 can provide rumor control, and help coordinate volunteers and donations.

2-1-1 can also reduce the burden and costs for tax payers, nonprofits, governments, and other human services providers. According to a cost-benefit study conducted by United Way of America and the Alliance of Information and Referral, a region like Northern Virginia could save up to $518,000 the first year if 2-1- 1 takes 54,000 calls in employees' time away from work, social service professionals' time, non- emergency calls to 9-1-1, and other costs to businesses, residents and localities.

"We are very excited to be selected as the 2-1-1 provider for Northern Virginia," says CrisisLink's 2-1-1 Call Center Director Jamie Carter, "By building on nearly 40 years of providing crisis hotlines and connecting over a quarter of a million callers to community resources, CrisisLink will be able to provide high quality 2-1-1 service for Northern Virginia while saving taxpayers time and money."

2-1-1 has been available in the rest of the Commonwealth since February 2006. 2-1-1 VIRGINIA is a service of the Virginia Department of Social Services, in partnership with the Council of Community Services, CrisisLink, Family Resource and Referral Center, The Planning Council, United Way of Central Virginia, United Way of Greater Richmond & Petersburg, and the Virginia Alliance of Information and Referral Systems. The Northern Virginia Regional Commission is partnering with CrisisLink on 2-1-1 by providing a database of over 4,400 community resources in Northern Virginia.

"We're grateful to Governor Kaine, the Virginia General Assembly, Virginia Department of Social Services, Northern Virginia Regional Commission, Nonprofit Roundtable, Council of Community Services and 2-1- 1 partners around the state for helping to make 2-1-1 a reality in Northern Virginia," says Ms. Loftur-Thun.

CrisisLink saves lives and prevents tragedies, giving vital support to those facing life crises, trauma, and suicide, and provides information, education and links to community resources to empower people to help themselves. Since 1969, CrisisLink has answered more than half a million crisis calls, responded to over 20,000 potential suicides, and provided more than a quarter million referrals.

email: information@crisislink.org
phone: 703-516-6768
fax: 703-516-6767
web: http://www.crisislink.org
(thax j.b.)

********************************************************
A RISING TIDE WON'T LIFT A LEAKY BOAT
********************************************************
A Rising Tide Won’t Lift a Leaky Boat

February 21, 2008 • Volume 8, Issue 8

New research published in Health Affairs shows that the uptick in the U.S. economy in recent years failed to halt the growing number of uninsured in this country. From 2004 to 2006, even as household incomes rose and the proportion of people living in poverty declined slightly, the percentage of people with health coverage through their jobs continued to fall. The number of uninsured grew among low-, middle- and upper-income groups, although it grew fastest among the self-employed and workers in small firms, as well as among service industry workers whose jobs tend not to come with health benefits. More of us fall into those categories these days, and more of us—47 million at last count—do without health insurance.

Now that the economic uptick seems to have tuckered out, we can expect things to get worse, faster. The Health Affairs study showed an even larger increase in the number of uninsured from 2000 to 2004, a period when incomes declined and more people slipped into poverty.

Good times or bad, our system of obtaining health insurance through our employers is increasingly unable to deliver. A job with decent health benefits may some day be as rare as one that guarantees a pension.

One bright spot in this gloomy picture is the consistently low number—1.5 percent in 2006—of adults over 65 who are uninsured. The reason of course is Medicare. Carpenters, fast food workers, barbers, Walmart greeters, florists, grocery baggers, drywall hangers, security guards and anyone else now working without health insurance becomes eligible for Medicare coverage when they hit 65. They will receive the same Medicare benefit as retired insurance executives and drug company lobbyists, whether the economy is up or down. If you work hard and pay your taxes, your right to Medicare coverage is guaranteed.

Making quality, affordable health care a right for all of us should be both the guiding principle and the ultimate goal of health care reform. It does not explain how we're going to pay to cover everyone, but it tells us to find the money. It does not control the rising costs of health care, but it forces us to make those hard choices. More than anything, it makes clear that the current path is a dead end.
Boosterism—faking optimism that the next cycle of economic growth will solve our problems—is wearing thin. The blind faith, in the face of all evidence to the contrary, that the market for private insurance will solve everything, rings hollow. Tinkering around the edges is no longer enough. It’s time to stand up for our right to health care.
(thax medicarerights)

********************************************************
SpEd - INCLUSIONAL CLASSROOM - IDEA 101 - OH, HAVE A LITTLE HEART
********************************************************
Inclusional Classroom: Do You Do What It Takes?
Are you doing everything you can to support students with learning disabilities and students with ADHD in the regular classroom? If you're not sure, take this test to make...read more

Individuals with Disabilities Education Act (IDEA) 101
Here are the 9 key areas to help you understand what IDEA is all about. Sometimes it can be pretty easy to get lost in the edu-babble or edu-jargon and...read more

Oh, have a little heart!
Or, you're showing your true colors......or who spilled the beans? When we use these figures of speech, we usually leave our struggling learners or students with disabilities completely baffled. Learning...read more
(thax about.com)

********************************************************
DEAR MARCI - WHAT CAN I DO IF I THINK MY PART B PREMIUN IS TO HIGH?
********************************************************
Dear Marci,
At the end of the year, I got a notice from Social Security telling me that I would have to pay a higher Part B premium than most people because my income is high. However, I just retired and now my income is much lower than it was last year. How can I let Social Security know that I shouldn't pay a higher premium?

— Mimi
(Chapel Hill, NC)

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

Dear Mimi,
Individuals with very high income (at least $82,000 per year, $164,000 for couples) are charged a higher Part B premium. If you are being charged a high premium but think you should not be, you must show evidence to Social Security that you have lower income. Since you recently retired, you may be able to show a letter from your employer about your retirement.

Read the full article on Medicare Interactive to find out what specific steps to take to ask Social Security to lower your Part B premium.
http://medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=1545

— 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 V8-#26  Wednesday, February 06, 2008 -- No Vote, No Voice!  
========================================================
Super Tuesday proved to be very interesting placing McCain as the likely GOP contender and it's still a toss up as the bewildered Clinton faces off Obama. This now puts Virginia, Maryland and DC as major players along with Ohio and a few other states. If you think your vote doesn't count you'd better think again. Go Vote!!!!!

Lots of news and great links so let's get started.........

FIRST
Assisted Living Facilities & Senior News - Virginia / Nationwide
http://www.assisted-living-directory.com/content/virginia.htm

This is a FREE service that has been in operation for several years. Our goal is to make online advertising accessible to all assisted living facilities. We offer a free listing service to any assisted living facility. This site is also very helpful for people seeking assisted living information.

The site is updated daily for the latest in assisted living options for both large and small facilities. We offer listings for state and nationwide assisted living. With many of our baby-boomers set to enter retirement age, and with our seniors becoming more and more computer savvy, we offer the latest news to suit all of your needs. My name is David Besnette, and I invite you to visit my site or email me with your concerns at: david@assisted-living-directory.com

NEXT, From one of our readers:)
Keith,
In your role as a disability rights activist, you face many similar issues that I have had to confront.

Your last newsletter included a piece about "End of Life "Issues."  I recently read an interesting article from a Philadelphia based publication about hospice care:
Easing the End Days of the Youngest Patients 
http://www.philly.com/philly/news/homepage/14898807.html
I thought this might make an interesting read for you.

Another item that I would like to share with you is a video documentary production entitled Darkest Hours - The Crisis in Children's Mental Health Care http://www.danolas.com/pages/darkesthours2.html
Please take a look when you have a moment. (I did, thank you very much....kk:)

NEXT
Prince William County DSB Seeks Projects for RSIF 2009 Funds
The Prince William County Committee for Persons with Disabilities (CFPD) is seeking projects to submit to the Rehabilitative Services Incentive Fund (RSIF).  The purpose of the RSIF grant program is to promote investment in meeting the needs of individuals with physical and sensory disabilities in Prince William County.    

The DSB is accepting letters of intent for the RSIF for Fiscal Year 2009 (Grant Period June 1, 2008 – May 31, 2009).  The maximum award is $15,000 with a 10% match required.  Proposed projects must address needs identified in the 2006 Needs Assessment Report by providing a new program or expanded access to existing services.  Areas of particular need for people with disabilities in the region include transportation, medical and therapeutic services, housing, and family support.  All RSIF proposals will be scored on the Needs Assessment Report.  If you are interested in submitting a grant proposal, please fax, email or mail us a letter of intent by February 11, 2008. 

A copy of the letter of intent, full application, guidelines, assessment and criteria evaluation form are available by calling 703 792-7649, by email at lmoore@pwcgov.org or on-line at www.pwcgov.org/dsb.  Application deadline is April 7, 2008.  A short presentation of RSIF proposal must be presented at the April 1, 2008, DSB meeting.  A digital copy of your proposal must be submitted to Linda Moore by March 24, 2009, to be reviewed by the board before presentations are presented.  Please submit applications to the Committee for Persons with Disabilities, 7987 Ashton Ave. Suite 200 Manassas, VA 20109 or email at lmoore@pwcgov.org.

YOU DID IT:) THEY ASKED, YOU RESPONDED
Your voices were heard
The House Committee on General Laws this morning struck HB 1356, at the request of the patron.  This was the bill promoted by the Lottery that attacked the Virginians with Disabilities Act and sought to exempt certain state activities from complying with the law.

We believe that members of the House heard from hundreds of you, and that your outcry was part of the patron's motivation to strike the bill.  Good work from the whole community!!

AND
Support House Bill 1131 and Senate Bill 315: Help Create a Children's Ombudsman Office
A new initiative has been proposed to provide a resource for families needing answers to questions or help navigating the system of services. The proposal is to fund an Ombudsman at the state level. If the program is approved, the Children's Ombudsman will apply to the Department of Juvenile Justice and the Department of Social Services first, with a clear timeline to extend it to Department of Education and other offices in the future. Please take a minute to read the attached Action Alert and contact your legislators.

Please Support House Bill 1131 and Senate Bill 315
Advocates have worked hard for a number of years to get a Children's Ombudsman Office established in Virginia. This year looks like we may make some real progress! Pending legislation, House Bill 1131 and Senate Bill 315, calls for the creation of an Office of Children's Ombudsman. This legislation is the result of an in-depth two-year study done by the Virginia Commission on Youth, which demonstrated need for such an office. You can access the report online at http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/RD812007/$file/RD81.pdf

Below, you will find information about the pending legislation and instructions for locating and contacting your legislators, as well as members of relevant House and Senate committees. Also, below you will find an overview of the ombudsman program.

Please pass this information along to anyone you know who might be interested, and please let your representative know of your support for this initiative. For more information, contact Betty Wade Coyle, Executive Director, Prevent Child Abuse Hampton Roads, at (757) 440-2749 or ucantbeatkids@yahoo.com
(referred to committee 2/5/08)

NEXT
February 2008 Information Summary C7
Special Alerts and Information or: http://members.aol.com/dac4va/information.htm

Over-the-Counter Medicines
CDC Study Estimates 7,000 Pediatric Emergency Departments Visits Linked to Cough and Cold Medication
http://www.cdc.gov/od/oc/media/pressrel/2008/r080128.htm
Centers for Disease Control and Prevention

Speech and Communication Disorders
Study Shows Variety of Approaches Help Children Overcome Auditory Processing and Language Problems
http://www.nih.gov/news/health/jan2008/nidcd-30.htm
National Institute on Deafness and Other Communication Disorders

Developmental Disabilities - Exceptional Vacations
In response to customer requests Exceptional Vacations has expanded its trip schedule through the remainder of 2008!

An expanded schedule will give providers and travelers the opportunity to save towards a vacation in the future. We offer flexible payment plans, and often customize them to work as a budgeting goal for travelers (i.e. sending monthly statements, etc). Many travelers have learned valuable lessons from the process, with the end reward of going on a great vacation!

Please take a look at the new schedule by clicking this link:
http://www.exceptional-vacations.com/Trips.htm  View our new trip schedule.
 
LQQK
A Welcome Back to the VDDHH Newsletter!
After a long absence, the Virginia Department for the Deaf and Hard of Hearing has brought back its newsletter.  Called "In Touch," it's available online at: http://www.vddhh.org/whatsnew.htm#9

Click on the MS Word link. You will then be asked to choose whether you want to open the newsletter to read it, or save the newsletter to your computer.  This issue is dedicated to Fred Yates, who played a major role in the formation of VDDHH.
(thax Cheryl at the NVRC:)

NEXT - *CALL YOUR LEGISLATORS*
Item 306 #22h and Item # 306 #17s
If people continue to call/e-mail their legislators and members of the Senate Finance Committee - Health & Human Resources Subcommittee and House Appropriations Committee - Health & Human Resources Subcommittee we have a chance since it is only a 10% rate increase for us that means an increase from $8.60 to $9.46. I spent some time putting the contact information for the patrons, co-patrons and subcommittee members in hopes of making it a little bit easier for folks to contact the legislators. I am hoping that other self-advocates and advocates will call the legislators to let them know that PCA's are important to people with disabilities and senior citizens and without them we would not be able to live independently.

Thank you for any help you can give in sending out this information. Crossover is February 12, 2008,
(thax Linda:)

A JOB
Position Available at NoVA Disability Nonprofit Org
NoVA nonprofit seeks a qualified applicant for Independent Living Specialist position.

Resp: providing service coordination for a Virginia Medicaid Waiver, the Elderly & Disabled w/ Consumer Direction program; identifying Nursing Home residents who wish to return to the community and working with residents, family, nursing home staff to facilitate discharge and coordinate services. 

FT or PT, flex sched, salary mid $30’s DOE, great benefits. People w/ disabilities are encouraged to apply.

Send res & cov ltr by 02/29/08 to: ECNV Hiring Committee, 3100 Clarendon Blvd, Arlington, VA 22201; e-mail: info@ecnv.org; fax 703-525-3585. No calls, please. EOE. For more info, visit www.ecnv.org. 

AND
FAST FACT
Americans spent nearly $500 billion on the 10 most expensive illnesses in 2005, according to recent study by Agency for Healthcare Research and Quality. The costliest set of illnesses—heart conditions—cost the nation $76 billion (“Big Money: Cost of 10 Most Expensive Health Conditions Near $500 Billion,” ARHQ, January 23, 2008).

FINALLY
It appears that AOL is forcing all their older clients who remained with them to carry the foolish AOL banner on our free web pages. I'll keep posting until AOL either dumps me, the DAC website, or both. You can overlook the banners as I have nothing to do with them nor do I endorse whatever products they sell. Thank you.
Keith-


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

Keith-

========================================================
1. ANOTHER MEDICARE OPTION: SPECIAL NEEDS PLANS
2. SAVING LIVES -- IT'S A MATTER OF LIFE OR DEATH
3. BUSH PROPOSES $178.2 BILLION IN MEDICARE CUTS
4. SO YOU WANT TO BECOME A SPECIAL EDUCATION TEACHER?
5. HOW CAN I GET MEDICARE PRIVATE DRUG PLAN TO PAY FOR DRUG?
6. INTERNATIONAL DISABILITY NEWS
========================================================
********************************************************
ANOTHER MEDICARE OPTION: SPECIAL NEEDS PLANS
********************************************************  
This is the January 14, 2008, issue of Elder Law FAX, a free newsletter published by the Elder Law Practice of Timothy L. Takacs

Another Medicare Option: Special Needs Plans
Over four years ago Congress enacted the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. Most widely known as adding the voluntary prescription drug benefit to Medicare - "Medicare Part D" - the new law also added Medicare Advantage Special Needs Plans.

Entirely unrelated to Medicaid and SSI "special needs trusts," Medicare's Special Needs Plans were added to encourage Medicare's health plans to develop targeted programs to more effectively care for high-risk beneficiaries.

Congress authorized Medicare Advantage health plans to limit enrollment to one of three special needs populations: beneficiaries dually eligible for Medicare and Medicaid, institutional beneficiaries, and those suffering from severe or disabling chronic conditions.

Since the program began, the number of Special Needs Plans and enrollment has grown to over 477 plans with more than 1 million enrollees. Authorization of the program sunsets December 31, 2008, however, and Congress will need to reauthorize the program for it continue.

What value do Special Needs Plans offer to these populations and how can these plans meet their unique needs?

A recently released report suggests that Medicare Advantage Special Needs Plans can improve health care and reduce cost, provided that plan benefits are tailored to meet the specific needs of this high-risk population.

Commissioned by the Association for Community Affiliated Plans and released by Avalere Health, the report looks at six not-for-profit Medicare managed care health plans across the country that entered the Special Needs Plan insurance market over the last two years. 

Some of the tailored services provided by these health plans include:
Assignment of patient navigators who are dedicated to helping coordinate the complexities of Medicare and Medicaid benefits,
Deployment of intensive, high-touch medical case management programs for those at highest clinical risk,
Linking members to key community and social resources to address the non-medical stressors caused by poverty that often lead to poor health outcomes and increased healthcare costs if left unaddressed, and
Enhanced benefit designs that help cover dental care or other services that neither Medicaid nor Medicare cover but can contribute to decreased health.

According to the report, many Special Needs Plans believe that by improving high-risk Medicare beneficiaries access to care and increasing quality, costs to Medicare will decline and they will reduce or delay the need for Medicaid long-term care services.

Last month, the Medicare Payment Advisory Commission (MedPAC), which advises Congress on Medicare issues, recommended that Congress extend the statutory authority to enroll beneficiaries in Special Needs Plans for another three years.

"Medicare Advantage Special Needs Plans/Six Plans' Experience with Targeted Care Models to Improve Dual Eligible Beneficiaries' Health and Outcomes" was authored by Ellen Lukens, Lisa Murphy, and Jon Blum, all of Avalere Health.

Elder Law Practice of Timothy L. Takacs
201 Walton Ferry Road, Hendersonville, TN 37075 · (615) 824-2571
1680 S. Jefferson, Suite A-B, Cookeville, TN 38506 · (931) 526-3828
www.tn-elderlaw.com

********************************************************
SAVING LIVES -- IT'S A MATTER OF LIFE OR DEATH
********************************************************
Saving Lives

January 17, 2008 • Volume 8, Issue 3

One measure of the quality of a health care system is how well it prevents death from diseases that can be cured or contained by existing treatments. For example, a number of cancers are no longer fatal if they are diagnosed and treated early enough in the diseases’ progression. Diabetes, as well as various heart ailments and circulatory problems, should not generally be fatal for middle-aged patients who are properly treated.

Unfortunately, new research sponsored by the Commonwealth Fund shows that the U.S. ranks dead last among the world’s wealthiest nations in preventing death from diseases that are amenable to effective treatment. Advances in health care treatments have helped spur a slight decline in such deaths in recent years, but the U.S. has now slipped behind United Kingdom, Portugal and Ireland. France, which covers all its citizens under a system much like Medicare, has extended its first-place lead over the U.S. and the other countries in the survey.

The researchers do not offer an explanation for the poor performance of the U.S. health care system. We know it is not money. The U.S. spends more per person on health care than any of the other countries surveyed. One possible reason is the surging number of uninsured Americans—some 47 million, according to the latest data. There is some evidence to back up that theory. A separate study by the Urban Institute estimates that 137,000 people in the U.S. died between 2000 and 2006 because they lacked health insurance.

It really should not be a great mystery. People who cannot afford to go to the doctor when they are sick often do not go, and so do not receive the diagnosis and treatment that could save their lives.

Who is going to solve this health care crisis?

Recent polling by the Commonwealth Fund suggests that a sizable majority of Americans—Democrats, Republicans and Independents alike—have a common sense answer:

All of us together.

Two-thirds of Americans believe that individuals, the government and employers should all share in the cost of providing health care. Right now individuals, the government and employers share in the cost of Medicare for older adults and people with disabilities. It could work the same way for all of us.

Over 80 percent say that a presidential candidate’s views on health care are important in deciding who they will vote for this November. It should be important. It’s a matter of life and death.
(thax medicarerights)

********************************************************
BUSH PROPOSES $178.2 BILLION IN MEDICARE CUTS
********************************************************
BUSH PROPOSES $178.2 BILLION IN MEDICARE CUTS

President Bush unveiled a budget proposal yesterday that slashes Medicare spending by $178.2 billion over the next five years largely by imposing a three-year freeze on payments to hospitals, nursing homes and other health care providers and phasing out special funding to hospitals that care for the uninsured.

However, payment rates for insurance companies that offer Medicare private health plans, which cost taxpayers 13 percent more than coverage under Original Medicare, would remain untouched under the president’s budget. Health and Human Services Secretary Mike Leavitt defended the administration’s decision to protect the plans at a press conference, claiming that private plans are “a part of the future that will bring Medicare into a place where it can be sustainable.”

Leavitt asserted that Medicare spending had reached “emergency levels” and warned that the benefit would not be available to future generations unless immediate cuts were made. Kerry Weems, acting administrator of the Centers for Medicare & Medicaid Services (CMS), noted that the Part A trust fund, which is funded by dedicated payroll taxes and pays for Medicare hospital care, is projected by CMS actuaries to become insolvent in 2019. CMS actuaries estimate that eliminating overpayments to Medicare private health plans will extend the solvency of the trust fund by two years, to 2021.

The administration’s budget plan received a cool reception on Capitol Hill. According to John Spratt, Democrat of South Carolina, this is because “most of these cuts affect critical needs,” and as a result, “are unlikely to generate sufficient support to become law.”
(thax medicarerights)

********************************************************
SO YOU WANT TO BECOME A SPECIAL EDUCATION TEACHER?
********************************************************
So You Want to Become a Special Education Teacher?
First of all, you will need to be a qualified teacher. Most educational jurisdictions require additional certification to become special education teachers. However, you really need to understand the nature...read more

Doesn't Qualify for An IEP, Now What?
I receive a number of questions from parents who say their students just barely got through the required tests and therefore don't qualify for an IEP. They're frustrated as their...read more

Some Advice About Homework
If you're not aware of the 'Homework Controversy', you should be.Here's why: One of our best-known researchers regarding homework is from Duke University and here is what Professor Harris...read more
(thax about.com)

********************************************************
HOW CAN I GET MEDICARE PRIVATE DRUG PLAN TO PAY FOR DRUG?
********************************************************
Dear Marci,
I joined a new Medicare drug plan this year. I was able to get my medications last month, in January, but then my new plan sent me a letter that I would have to try a generic medication before it would cover the one my doctor prescribed. I have already tried that medication, and it did not work for me. What do I do?
— Eric (Waynetown, IN)
---------------------
Dear Eric,
It sounds like you got last month's refill through your new plan's transition policy, which ensures that new members have uninterrupted access to drugs they were already taking when they joined.

Now, you must make a formal, written request to your plan (often called requesting an exception) asking that it pay for a drug you need.

Read the full article on Medicare Interactive to find out how to request an exception from your Medicare private drug plan. http://medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=1580

— Marci
(thax medicarerights)

********************************************************
INTERNATIONAL DISABILITY NEWS
********************************************************
New Study on Services and Resources Available for People with Intellectual Disabilities in 147 Countries

Atlas: Global Resources for Persons with Intellectual Disabilities from the World Health Organization is a benchmark study on the services and resources available for 95% of the world's population with intellectual disabilities in 147 countries. The study charts information in the following areas:
· Terms and classification used to describe the disability;
· Policy and legislation;
· Financing and benefits;
· Health and social care services;
· Human resources and training initiatives;
· Research and information systems; and
· The role of NGOs and international organizations.

Results indicated disparities in services offered to persons with disabilities and in information about and documentation of such services. To access the full report, go to:
http://www.who.int/mental_health/evidence/atlas_id_2007.pdf
__________________________________
Germany's Education System Lags Behind European Countries in Implementing Inclusion

Only 13% of the Germany's children with disabilities are educated in regular public schools, compared to an average 79% among the country's western European neighbors. While Germany officially recognized the United Nations Convention on the Rights of Persons with Disabilities, which includes an article on inclusive education, the Bundestag (German legislature) has not yet ratified it. Once the Convention is ratified, the German government is expected to take a more active role in requiring individual states to provide inclusive education for all children.

Full story by Jennifer Abramsohn, DW- World.DE (Nov. 20, 2007), available at:

http://www.dw-world.de/dw/article/0,2144,2934405,00.html
(thax NCDE)

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

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

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

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

========================================================
DAC News V8-#25  Friday, February 01, 2008 -- No Vote, No Voice!  
========================================================
There's so much news this month that I'm not even going to make any smart remarks. Nah, I've gotta say something. I find it well and nice that many states are working on getting folks out of nursing homes and other institutions so they can be integrated back into the community but there is a downside to that. What NOBODY mentions is how difficult it is to find and retain competent quality caregivers. I find one out of every ten I hire to only be fair and I might find one out of twenty to be good but because of the low pay and no benefits they don't last. It gets very frustrating to train new people very often and I think this should be explained to all those coming out that life still has its difficulties. Lets not paint this picture with too many roses or it might turn out to be another ugly garden. Just my thoughts.........kk-

HEY LQQK  
New Lions Clubs/Rexton Hearing Aid Program
As you know, there are people in the United States with hearing loss unable to purchase hearing aids due to their limited income. To address this need, Lions Clubs International Foundation (LCIF) and Rexton, Inc. are offering two digital hearing aids through Lions hearing programs and Lions clubs.  The purpose of this message is to promote awareness of this program to community minded audiologists like yourself should the Lions approach you for assistance. 

The program is rooted in the desire for Lions and audiologists to serve low-income people with hearing loss.  The Lions act as a conduit between audiologists and recipients.  Typically, the audiologist is asked to test the patient, make ear molds, program the hearing aids and provide follow-up visits. The audiologist and Lions club agree on the charges for services, which are paid by either by the Lions club or other sources. (Eligibility for the program is limited to people at up to 200% above the federal poverty level).

Information about the aids offered by the program can be found on the Lions Clubs International website at www.lcif.org.  Click on “Grants and Programs”.  Please note that aids are shipped directly to the audiologist after they are manufactured by Rexton. 

http://www.lionsclubs.org/EN/content/lcif_grants_programs.shtml

LCIF is in the beginning phases of introducing Lions AHAP, so Lions clubs in your area may or may not be participating. To contact a club, go to www.lionsclubs.org, click on the “club locator” tool found on the left navigation of the screen, and answer the questions. You may wish to contact a club president or talk with a Lion before one of the meetings. The pilot program is only available in the United States.

LCIF provides grant funding to Lions for large-scale humanitarian projects too extensive for Lions to finance on their own. LCIF is the charitable arm of Lions Clubs International, the largest service club organization in the world. LCIF aids Lions in making a greater impact in their local communities, as well as around the world.

For over 50 years, Rexton has provided hearing health professionals with innovative and intelligent solutions for improved hearing. As a leading force in the industry, Rexton provides a full line of hearing instrument products to fit almost all types of hearing losses.

Sincerely,

Jimmy Ross
Chairperson, Lions Clubs International Foundation

AND
Artistic autistic Savant -- 5 minutes of video worth watching
Stephen Wiltshire is well established in London, England. This is a video showing his amazing ability. He is now 33 and yes, and has been famous since his early teenage. This speaks well of the educational/social facilities in Britain. Fatherless since 3, he was a difficult child with tantrums and unable to speak. He could have been given up as mentally retarded, and simply given pills or end up in jail to contain his behaviour. But in the UK, he was correctly diagnosed, patiently fostered in the right facility, with his talent recognized. They even used hi s desire to draw to teach him to speak and communicate. Click on site below.
http://video.stumbleupon.com/#p=0k4lsi1dql

NEXT
New Kurzweil Seeing Eye Cellphone
http://gizmodo.com/349558/kurzweil-develops-first-seeing+eye-cellphone

Dengue
NIAID Experts See Dengue as Potential Threat to U.S. Public Health
http://www.nih.gov/news/pr/jan2008/niaid-08.htm
National Institute of Allergy and Infectious Diseases

Erectile Dysfunction <--isn't this buyer caveat emptor?
Buying Fake ED Products Online
http://www.fda.gov/consumer/updates/erectiledysfunction010408.html
Food and Drug Administration

Menopause
Menopause and Diabetes: A Twin Challenge
http://www.mayoclinic.com/print/diabetes/DA00038/METHOD=print
Mayo Foundation for Medical Education and Research

End of Life Issues
Treatment of Seriously Ill Patients Who Are Near the End of Life
http://www.annals.org/cgi/content/full/148/2/I-42
American College of Physicians

Special Olympics Star
http://www.inrich.com/cva/ric/sports.apx.-content-articles-RTD-2008-01-27-0255.html

Overdose deaths on the rise, CDC says.
http://www.latimes.com/news/nationworld/nation/la-me-drugs26jan26,0,5831909.story?track=ntothtml

NEXT
Proposed rule from CMS on personal assistance services
The Centers for Medicare & Medicaid Services (CMS) published a proposed rule in the Federal Register on January 18 that would allow more Medicaid beneficiaries to be in charge of their own personal assistance services, including personal care services, instead of having those services delivered by an agency.  CMS requests public comment on how states could allow Medicaid beneficiaries who need help with the activities of daily living to hire, direct, train or fire their own personal care workers, including family members.  The proposal would put into place a provision of the Deficit Reduction Act of 2005 that allows states to elect a state plan option to provide care in ways that previously required “waivers” of previous Medicaid laws.  Enrollment in the new state plan option is voluntary for individuals and the state must also provide traditional agency-delivered services if the beneficiary wishes to discontinue self-directed care.  There is a 30-day comment period; comments are due February 19, 2008.  See the proposed rule at: http://www.cms.hhs.gov/MedicaidGenInfo/Downloads/CMS2229P.PDF

NEXT
Earlybird Registration rates for hawaii pacrim conference on disabilities ends tomorrow! also new pacrim video to watch!!

Aloha,
Early bird registration ends tomorrow! Please register now for our 2008 conference.
Watch our conference promotional video on YouTube!
http://www.youtube.com/watch?v=CcWeRPoJ3Lo

Please join us for the 24th Annual Pac Rim Conference taking place on April 14-15, 2008 at the Sheraton Waikiki Hotel and Resort. Early bird registration ends January 31st. Visit the Pac Rim website for more information on the registration process, as well as updates on plenary speakers and workshops. Pac Rim will present all day thematically focused workshops and presentations on:

Autism,
Family Supports,
International Disability Rights,
Disability Studies,
Transition to Adulthood,
Culturally Responsive Education,
Teach to Reach,
Pacific Footprints,
Hidden Disabilities,
Independent Living,
and much, much more!

As you know, CDS is celebrating 20 years of academic and community excellence. We want you to be part of the celebration! Building on the overwhelming positive outcome of previous Annual Pacific Rim Conferences and harnessing the excitement of this anniversary, this will be a conference you won’t want to miss. We will have over 200 presentations, workshops and panel sessions along with seminars. The schedule for all presentations will be on the website within the next few days.

There is something for everyone including over ten topical areas, interactive workshops, a film festival, exciting speakers and even a writing workshop entitled, “Writing our Stories” facilitated by acclaimed author Patricia Wood. Pre-conference activities include the International Forum 2008: Securing the Rights of Persons with Disabilities where people from all over the world will be discussing the rights of persons with disabilities. Updates on a weekly basis will be provided on our website.

Opportunities for exhibiting, advertising and sponsorship are available as well and we invite you to call us to discuss options. Please consider promoting your organization in our conference program! We are always on the lookout for scholarship sponsors, which allow us to underwrite the costs for self-advocates, parents, family members and others who would not otherwise be able to afford to attend this event. We welcome your continued support.

We look forward to hearing from you!

Aloha,

Valerie Shearer and Charmaine Crockett

A premier venue for sharing diverse perspectives, stimulating new thinking and crafting workable solutions— locally, nationally and globally.

April 14-15, 2008
Sheraton Waikiki

1776 University Avenue UA 4-6, Honolulu, HI 96822
P 808.956.7539 • F 808.956.7878
cccrocke@hawaii.edu • vshearer@hawaii.edu

LQQK
Ability Camp - Changes and Camp Update
Everyone here at Ability Camp would like to wish you a happy and successful New Year!

I am taking over the customer relations duties from Brock and can now be reached at our toll free number 1-800-442-6992. I really look forward to speaking with you and answering any questions that you may have.

We will soon complete our thirteenth year and I would like to give you an update on things here at the Camp.

Our classroom staff still includes Tunde (Lead Conductor), Krisztina (Conductor), Brenda (Classroom assistant, RNA ) and a new addition Cheryle Comeau (classroom assistant as required). I am still running the Hyperbaric chamber, Jean in the office and Paul on maintenence.

Last year, we remodeled all of the bedrooms and common room (photos should be on our web site shortly.) High speed internet is available free of charge in all rooms and each room has a telephone with an answering machine. We have also added a second classroom to the building and installed a coin operated washer and dryer.

We have not increased our prices for the last two years unfortunately the value of the U.S. dollar has declined sharply. Most families that come here struggle with the financial burden as a result many choose to fundraise. Families have been very inventive and have had a great deal of success doing things such as; a pancake breakfast through their church, holding a dinner or dinner and dance, setting up a web site for donations, some have written letters asking for support from local businesses. There are many really good people out there that may be willing to help! A much greater sense of satisfaction comes from helping a specific individual rather than donating to a large charity where they have no idea how their money is being spent. For anyone who is helpful in donating a substantial amount for a family to attend the camp we can provide a "Certificate of Appreciation" detailing some of the progress a child has made. Some of these can be seen on our web site   http://www.abilitycamp.com/sponsors.html

Recently, many families have decided to book two sessions, usually back to back. We would like to reward this level of commitment and offer these families a 20% discount* on their second session, We will also extend this discount for families taking two sessions in the same calendar year, or a family that comes with twins.

I would sincerely like thank everyone that has recommended the camp to other families. If families don't find out about us, we can't help!  I would like to show our appreciation by offering a 5% discount* off the next visit for families that refer new clients to the camp.

We still have openings in our Feb. 11 to Mar. 14, (7 - 14 year old) session which is being offered a 25% discount.

For any families that were not able to attend our January Mom and Tots
(birth to 3 years) session we now plan to run a second session from Feb. 11 to Mar, 14.

In both of these sessions spaces are limited, if interested please contact us as soon as possible.

Our children's and adults programs have helped to make changes in the lives of our clients and their families. We are very proud of the work we do here been and are committed to help each and every family make as much progress as possible! In recognition of this we continue to see a large number of repeat families.

Hopefully, these changes can help make your stay more comfortable and enjoyable.

Sincerely,
Kevin Hickling, Director, and all of the staff at Ability Camp

NEXT
A Special Message from Autism Today's Karen Simmons on Coming Orlando Conference
Hello,
I'm Karen Simmons, Founder and CEO of Autism Today.  I want to begin by reading you a quote from my seventeen year old son Jonathan who has autism when asked what life changing events had occurred in his life.

He said, "the day I got off my meds.  I guess you could say that they made me placid, and emotionless. It was difficult getting off them, but once I did, I started to truly appreciate life."

Helping our children with autism have marvelous lives is the real reason we want to provide you, our parents, educators, and professionals with the latest autism resources, so you can offer the best strategies for those you care about with autism.

Since there are more and more diagnosed children with autism along with the growing number of adolescents approaching adulthood, we felt it was vital to bring the first ever "Autism Through The Lifespan" conference, to the United States this February in Orlando Florida.

We're also honored to present twenty-two of the world's leading autism experts in the biomedical and behavioral world, right to bring to your doorstep. They will offer solutions to the many issues surrounding autism treatment for best outcome. 

You will also have the unique opportunity to see the latest books and nearly forty exhibitors offering the latest autism information while networking with other parents and physicians.

Go to http://www.autismorlando.com to see the early bird offer and to join us at the beautiful Caribe Royale Hotel near Disney World.

If you are not able to attend in person, find out how you can view portions of it online by visiting http://www.autismorlando.com

Please click on the following link to view my video message:

http://tinyurl.com/3x8wnh

The conference is only a few weeks away and our early-bird rates are over January 22nd. If you're a doctor you will receive CME's.

Don't miss this opportunity of a lifetime. Spread the word about this important event, and get the person you know with autism on a fast track to improve the quality of their lives forever.

Rooms at the hotel are almost gone, so you have to act now. Go to http://www.autismorlando.com

I hope to see you there!

Yours truly,

KAREN SIMMONS,
Founder, CEO Autism Today
www.autismtoday.com

FINALLY
Read these 3 letters from my friend Ollie Cantos at the DOJ
1) Jacobus tenBroek Disability Law Symposium
2) A Focus on Emergency Preparedness for People with Disabilities
3) Justice Department Fair Housing Victory in Virginia, Your State
Go here: dojollie or: http://members.aol.com/dac4va/dojollie.htm


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

Keith-

========================================================
1. HOW EFFECTIVE ARE INSPECTIONS OF NURSING HOMES' DEFICIENCIES
2. HHS PARTNERS WITH STATES TO RAISE AWARENESS ON LTC PLANNING
3. MAN WITH AN AX -- What tax cuts?
4. ALABAMA'S ECONOMY MAY BE BOOMING, HOUSEHOLDS BATTLE POVERTY
========================================================
********************************************************
HOW EFFECTIVE ARE INSPECTIONS OF NURSING HOMES' DEFICIENCIES
********************************************************  
How Effective Are Inspections of Nursing Homes' Deficiencies - Nursing Facility Residents' 2007 Clinical Characteristics. Information Bullet #240 (1/08).

CMS' 2007 Nursing Home Data Compendium was recently released.  In the previous two Information Bulletins # 238 and 239, we looked at the distribution of people in these institutions by ADLs and cognitive impairments and by medical care being provided. In this Information Bulletin, we look at how well States do monitoring nursing home deficiencies. Go to http://www.cms.hhs.gov/CertificationandComplianc/12_NHs.asp#TopOfPage and scroll down to Nursing Home Data Compendium 2007 - Part 1 and 2 to see how your States compares.

CMS has defined "Substandard Quality of Care" (SSQC) to include Resident Behavior and Facility Practices, Quality of Life, and Quality of Care. As can be seen in the two previous Information Bulletins, deficiencies reflect what nursing facilities do that injure residents, both affirmatively and what they do not do which also may result in injury to nursing facility residents.

CMS ranks deficiencies. ALL of the following deficiencies in this Information Bulletin either are, at least, widespread in the nursing facility and cause greater than minimal harm, OR their severity put residents either in immediate jeopardy or actual harm.

The following percentages reflect the mean number of citations in a state, not the number of nursing homes.

The deficiency data presented here urgently demand the need for much stronger enforcement of nursing home standards. This data raises questions regarding why States are not, based on these and other on-going deficiencies, imposing severe penalties on violators.  Such penalties could include monetary fines, shut-down, refuse to pay Medical Assistance for residents in these nursing facilities.  What has your State done?

It is unconscionable that States permit nursing facilities to have repeated health deficiency citations and not either close them down or take other severe enforcement measures. It is beyond the pale that States permit nursing facilities to put people either in immediate jeopardy or actual harm. [See the news story at the end of this Information Bulletin.] Advocates should be livid that Older Americans and people with disabilities are being affirmatively harmed by these institutions.

Nursing Facility Deficiencies:

A.  Only 8.2% of the States' nursing home surveys had ZERO health deficiencies' citations. (Table 4.5.(e)).

The following states, in descending order, had the most nursing facility health deficiencies cited.

NH, 27.8%, OR, 25.2%, MA, 18.3%, WI, 16%, OH, 14.5%, IA, 13.2%, VA, 12.9%, IL, 12.7%.

B.  18.2% of all States' nursing facilities had surveys resulting in a health deficiency of "actual harm or immediate jeopardy to residents."
(Table 4.8.(e)).

The following states, in descending order, had the most health deficiency citations of "actual harm or immediate jeopardy to residents." All had more than, or nearly, twice the national average.

CT, 43.3%, CO, 43.0%, DE, 38.6%, ID, 35.7%, IN, 33.7%, KA, 32.9%.

We are still waiting to hear why nursing facilities that put residents in "actual harm or immediate jeopardy" are not investigated for criminal wrongdoing.

Advocates might want to contact your local U.S. Attorney offices and explore why they are not investigating actual abuses.  These nursing facilities are using federal funds to put residents in "actual harm or immediate jeopardy."

C.  9.8% of all States' nursing facilities were cited for a deficiency for using restraints on residents. (Table 4.17(e)).

The following states, in descending order, had the most citations for use of restraints.  All had more than, or nearly, twice the national average.

WY, 23.5%, MN, 20.6%, HI, 20%, CA, 18.7%, NV, 17.8%, AK, 17.1%, CN, 16.9%.

Why are States' MA officials reimbursing nursing facilities that receive such deficiencies?  Why are they using Medicaid's federal and state funds to pay for nursing facilities using restraints?

D.  Nearly 18.3% of all states' nursing facilities had surveys resulting in a citation for failure to treat or prevent residents' pressure ulcers.  (Table 4.18.(e)).  What follows is the percent of all nursing facilities by state that were cited for "Failure to Treat or Prevent Pressure Ulcers." As in the previous year, there is a very wide spread among the States.

Let's remember, these are "Failures to Treat or Prevent" pressure sores! Such failures can result in death of persons with disabilities. These deficiencies aren't the result of accidents or forgetfulness.  Obviously, behind these percentages are large number of nursing residents (all of whom are Older Americans and/or younger persons with disabilities), who are being unnecessarily injured and harmed, and many may not recover.
       
Alabama           18.7%  
Alaska             O%  
Arizona    12.8%  
Arkansas          28.6%
California        19.1%
Colorado          21.7%
Connecticut       32.7 %
Delaware        40.9%
D. C.             27.3%
Florida            9.5%
Georgia        19.3%
Hawaii             4.0%                  
Idaho             40.0%
Illinois          21.1% 
Indiana           23.1%    
Iowa      10.6%
Kansas            44.5%
Kentucky           6.6%
Louisiana         12.9%
Maine             30.4%
Maryland           8.5%              
Massachus          9.3%     
Michigan          21.6%
Minnesota         71.1%
Mississippi        4.1%
Missouri          24.8%
Montana            5.4%  
Nebraska          15.2% 
Nevada      17.8%
New Hamp          11.4%
New Jersey        15.4%
New Mexico  10.1%          
New York          18.3%
North Carolina     6.6%
North Dakota      19.0%
Ohio              17.9%   
Oklahoma      14.5%
Oregon            17.0%
Pennsylvania      12.7%
Rhode Island  9.6%
South Carolina    21.9%   
South Dakota      10.4%
Tennessee          9.1%
Texas             15.9%
Utah            2.1%
Vermont           23.1%  
Virginia          17.9%               
Washington        19.8%       
West Virginia      8.4%
Wisconsin      12.5% 
Wyoming           26.5%
National          18.3%

Following is a news story we just received.  The link is
http://www.local6.com/health/15104379/detail.html?taf=orlpn

Man Found With Maggots In Eye Dies. Cause Of Death Not Known

DELTONA, Fla. -- "A Volusia County nursing home resident who was found with maggots in one of his eyes, an infected breathing tube, a partially inserted catheter and bed sores has died, according to his family.

Anthony Digiannurio, of Deltona, was 82 years old when he was transported in November from the University Center West nursing home to Florida Hospital DeLand, where staff members discovered the ailments.

It is not known if the cause of death was related to the aforementioned conditions.

According to a DeLand police report released in November, a representative from University Center West said that the man had constant care from multiple hospice workers and two certified nursingaides at the nursing home.

Officials from the state Department of Children and Families were investigating the incident.

The U.S. Department of Health and Human Services has found 19 deficiencies at the facility since June 2006."

Hmm.  Is this enough to push the Older American and disability advocates into action?

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

********************************************************
HHS PARTNERS WITH STATES TO RAISE AWARENESS ON LTC PLANNING
********************************************************
This is the January 28, 2008, issue of Elder Law FAX, a free newsletter published by the Elder Law Practice of Timothy L. Takacs.

HHS Partners with States to Raise Awareness On Long-Term Care Planning

The Own Your Future Campaign is a project, started in January 2005, to increase consumer awareness about, and planning ahead for, long-term care. The project's core activities are state based direct mail campaigns supported by each participating state's Governor, and targeted to households with members between the ages of 45 to 70.

Campaign materials include a Long-Term Care Planning Kit and state specific information and resources. The Planning Guide is available at no cost to the consumer, and may be ordered or downloaded from http://www.longtermcare.gov.

As of  2007, 16 states, including Tennessee, participated in the joint federal-state initiative called Own Your Future. Recently, the U.S. Department of Health and Human Services (HHS) announced that Ohio and Pennsylvania will join also join the federal program.

"This is an aggressive education and outreach effort designed to promote long-term care planning. We are working closely with officials in Ohio and Pennsylvania and the other states already in the program to promote the importance of planning so all Americans will have the resources and information available to begin planning for their long-term care early on in life," HHS Secretary Mike Leavitt said.

The Own Your Future education effort includes information on various ways to finance one's long-term care. "There's a widespread misconception that Medicare pays for long-term care, but in fact, it only pays for very short term stays in skilled nursing facilities following discharge from a hospital," said Centers for Medicare & Medicaid Services (CMS) Acting Administrator Kerry Weems. "With the average monthly cost of a nursing home nearly $5,000, and stays that exceed several years, it's critical for people to start planning while they still have the ability to choose the long-term care service and finance options that are best for them."

Approximately 13 million Americans needed long-term care in 2000. This number is expected to grow substantially in the next 30 years as the population ages. Weems stated that "demographic changes point to a predictable increase in demand for long-term care services. The support of each state is critical in helping us get the message out on planning for future care needs." 

To date, over 11 million letters signed by governors in participating states have been mailed to households with individuals in the target audience and from those letters more than 550,000 Long-Term Care Planning Kits have been mailed.

For additional resources on Skilled Nursing Facility (SNF) coverage and for help finding and comparing SNFs, the booklet "Medicare Coverage of Skilled Nursing Facility Care" can be found at http://www.medicare.gov/Publications/Pubs/pdf/10153.pdf.

© Elder Law Practice of Timothy L. Takacs
201 Walton Ferry Road, Hendersonville, TN 37075 · (615) 824-2571
1680 S. Jefferson, Suite A-B, Cookeville, TN 38506 · (931) 526-3828
www.tn-elderlaw.com

********************************************************
MAN WITH AN AX -- What tax cuts?
********************************************************
Man with an Ax

January 31, 2008 • Volume 8, Issue 5

Next week, President Bush will likely propose a budget that takes a meat-ax to Medicare, slashing close to $100 billion from payments to hospitals, nursing homes, home health care and other providers that care for older adults and people with disabilities.

The good news is that Congress will reject these proposals out of hand. President Bush and his advisers know this, of course, which is why they feel safe in proposing them. Such drastic across-the-board cuts, if passed into law, would likely end the careers of the lawmakers who voted for them.

Medicare not only provides guaranteed, affordable health care to 44 million older adults and people with disabilities, it is crucial to the financial viability of hospitals and other health care providers. There is no evidence that providers could absorb such sharp payment cuts, which run counter to the recommendations of the Medicare Payment Advisory Commission (MedPAC), a nonpartisan expert panel.

Even if the president’s budget is a bit of a show designed to make him look like a tough guy on the burgeoning budget deficit, there is real danger in these dead-end proposals.

The president’s budget sends the false message that we can no longer afford to provide decent health coverage to people with Medicare and that desperate measures are needed. That message of panic makes it difficult to focus clearly on the areas where Medicare does spend too much.

The best place to look for potential Medicare savings are the MedPAC recommendations. MedPAC estimates that taxpayers pay on average 13 percent more to provide coverage through a Medicare private health plan than they do under Original Medicare.

Eliminating those excess payments, as MedPAC recommends, would save $54 billion over the next four years, according to the Congressional Budget Office. It would also cut into the record profits of insurance companies, however, and for that reason, there are not even modest payment reductions to Medicare private health plans in the president’s budget. It’s hard to give a haircut with a meat cleaver.
(thax medicrerights)

********************************************************
ALABAMA'S ECONOMY MAY BE BOOMING, HOUSEHOLDS BATTLE POVERTY
********************************************************
Alabama's Economy May Be Booming, But Households Still Battle Poverty
(Anniston Star, January 10, 2008)

In this editorial, Jim Carnes of the Arise Citizen's Policy Project reveals the stark contrast between Alabama's financial growth and the state's inability to help struggling families through food stamps, child care, earned-income tax credit, Medicaid and SCHIP. According to the Project's report titled "Bridging the Gap," thousands of Alabama's working poor face problems paying bills, and lack sufficient skills and education to compete for higher paying jobs. 200,000 households with children don't earn enough "to meet their needs without public and private assistance." According to Urban Institute research cited by Carnes, "Only 4 (of 44) states invest less per capita than Alabama. Of our neighboring states, all invested more in low-income families than Alabama did." Carnes calls the difference between the state's growing economy and its promise to provide for resident's needs a "policy gap," and calls on legislators to improve conditions for Alabama's working poor....

===============================
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 V8-#24  Friday, January 25, 2008 -- No Vote, No Voice!  
========================================================
Legislative Alert: It has come to our attention that House Bill 1356 proposes to limit the rights of persons with disabilities under the Virginians with Disabilities Act.  It has been assigned to House General Laws and assigned to the subcommittee on Gaming. The sponsor is Delegate Tom Gear of Hampton.  Delegates Albo, Wright, Cosgrove, Abbitt and Bowling are also on the subcommittee.
Email addys:)
DelTGear@house.state.va.us, DelDAlbo@house.state.va.us, DelTWright@house.state.va.us, DelJCosgrove@house.state.va.us, DelWAbbitt@house.state.va.us, DelDBowling@house.state.va.us

HB1356 aims to change the VDA and remove the obligation that state agencies must be sure that any place licensed by the state is accessible to people with disabilities. The bill makes state law weaker than the Americans with Disabilities Act. HB 1356 proposes to give state government more ability to discriminate than is permissible under federal law.  This bill will hurt all people with disabilities and take away rights they fought for years to obtain.

WHAT CAN YOU DO?
Make your feelings known, whether you agree with us or not.
Contact your Legislators.
If you do not know your legislators, go to the "Who's my Legislator" section of the General Assembly's website at: http://conview.state.va.us/whosmy.nsf/main?openform

If you have any questions, contact VOPA Director V. Colleen Miller at:
(804) 225-2042 or: Colleen.miller@vopa.virginia.gov

NEXT
Proposed Rule to Allow Medicaid Beneficiaries to Control Personal Assistance Services
The Centers for Medicare & Medicaid Services (CMS) is requesting public comment on how states could allow Medicaid beneficiaries who need help with activities of daily living to hire, direct, train or fire their own personal care workers. Beneficiaries could even hire qualified family members who may already be familiar with the individual's needs to perform personal assistance (not medical) services. The proposed rule may be downloaded by clicking here.

This information has recently been updated, and can be accessed by visiting this link:  http://www.disabilityinfo.gov/digov-public/public/DisplayPage.do?parentFolderId=143.

NEXT VAN 4 SALE
FOR SALE:  2005 Dodge Grand Caravan Handicap Van
Excellent condition.  Silver with gray interior.  Under 28,000 miles. Power locks and windows.  CD player.  Front and rear temperature controls. Seating for 4, plus 2 wheelchairs.

Manual rear entry ramp by Vision (remains under warranty, as does vehicle). Simple and effortless to maneuver.  Will accommodate up to 2 wheelchairs, with 2 wheelchair tie downs.  1 lock system installed for our power chair. Large enough space that power chair can recline to full reclining position and legs can be elevated.

Used for less than 1 year, and used sparingly.  Entry system light and easy to use --  my mom's elderly friends were able to use it effortlessly.

Asking $25,000 -- or best offer. Please contact Pamela at 757-497-7208

NEXT -- DISABILITY CAREER FAIR
NEW: Major Disability Career Fair, sponsored by Hire Disability Solutions, will be a part of the WORLD OF POSSIBILITIES: disABILITIES, HEALTHY AGING AND INDEPENDENT LIVING EXPO at the Montgomery County Fairgrounds in Gaithersburg, Maryland on Friday of the Expo, May 2, 2008!!

Don't forget to bring your resume to the event. Find companies who are hiring persons with disabilities as well as disability professionals (OTs, PTs, educators, etc.). Hire Disability Solutions links businesses that are looking for qualified employees with disabilities and disability professionals to those job seekers who are trying to find or enhance their careers, see http://www.hireds.com/. 

PLEASE START SPREADING THE WORD. Admission is only $3 per person, but you can click on http://www.caringcommunities.org for FREE PASSES and more information, or call Mona Freedman, RN at 1-866-227-4644.

Please see our World of Possibilities Expo Video
http://www.youtube.com/watch?v=R8uVjsy1YMg

NEXT
Caregiver Grant
The Virginia Caregivers Grant Program provides annual grants of up to $500 to caregivers who provide un-reimbursed care to a relative or ward who has a mental or physical disability for at least six months during the year.

The Virginia Department of Social Services (VDSS) will accept grant applications from February 1 to May 1, 2008. 

The 2008 application materials are available on the VDSS website at:
http://www.dss.virginia.gov/family/as/caregiver_forms.cgi or by calling the Virginia Caregivers Grant toll-free number at 1-877-648-2817

AND
[News from ADA-Ohio] audio session 2/19 - Disability, Aging and Older Workers
If you live outside Cleveland, Columbus, Lancaster, or Toledo, OH, anywhere in the U.S., please go to web site ada-audio.org for information on how to access the following ADA audio conference series session within your area of the country.  The session will be held on Tuesday, February 19, 2008, 2-3:30 P.M., ET, (earlier time of day, depending on time zone) and will be presented by the DBTAC - Great Lakes ADA Center in Chicago, IL, via speaker phone. 

CONGRATS:)
Delegates vote for ban on usage of 'retardation'
RICHMOND

Jill Egle hates the R-word. She wants to banish the term "mental retardation" from official state language and replace it with "intellectually disabled."

Her efforts got a boost Tuesday when a bill to do that sailed through the House Health, Welfare and Institutions Committee without opposition.

"The use of retarded has been demeaning," said Del. Charles Caputo, D-Fairfax, sponsor of HB760. "Many people have suffered for years under this stigma."

The bill would change the name of the state Department of Mental Health, Mental Retardation and Substance Abuse Services to the Department of Mental Health, Intellectual Disability and Substance Abuse Services.

All references to "mental retardation" in state language would be changed to "intellectually disabled."

The cost of the changes, which would include signs, letterheads, and business cards, is estimated at $75,000, according to a fiscal impact statement attached to the bill.

Egle, 31, said she has been officially diagnosed as mentally retarded but refuses to accept the phrase.

"That diagnosis is never going to come out of me," said Egle, co-executive director of The Arc of Northern Virginia, an advocacy group. "I have an intellectual development disability."

Aaron Applegate, (757) 222-5122, aaron.applegate@pilotonline.com

AND
William E. Weeks, Jr.
Motivational Speaker, Disability Rights Advocate
Email: william@williamspeakslife.com
Website: www.williamspeakslife.com
Phone: (757) 350.1280

FINALLY
FAST FACT
The average wait time for heart attack patients at American emergency rooms rose 150 percent, from 8 to 20 minutes, between 1997 and 2004, according to a recent study published in Health Affairs. Researchers attributed the increase to an overall rise in emergency room visits, emergency room closures and barriers to routine or outpatient care (“Waits to See an Emergency Department Physician: U.S. Trends and Predictors, 1997-2004,” Health Affairs, January 15, 2008).


Don't miss Steve Gold's always informative missives, Special Education and Super Bowl Ad - about Deafness--------->
http://www.edsalert.com/2008/01/25/super-bowl-ad-about-deafness/

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

Keith-

========================================================
1. WHY ARE PEOPLE IN NURSING FACILITIES?
2. MEDICAL CARE IN NURSING FACILITIES? HAH
3. THE MEDICARE OPTION
4. LOBOTOMIST SERVES AS A WARNING
5. DEAR MARCI - IS A CHILD WITH A DISABILITY ELIGIBLE FOR MEDICARE?
6. SpEd - WORD FAMILY & RHYMING - EMOTIONAL, MH, BEHAVIOR
========================================================
********************************************************
WHY ARE PEOPLE IN NURSING FACILITIES?
********************************************************  
Why Are People In Nursing Facilities - Residents' 2007 Clinical Characteristics.  Information Bulletin #238 (1/08)

CMS' 2007 Nursing Home Data Compendium was recently released.  In this and in the next two succeeding Information Bulletins, we will break down some of the findings. To review your State , go to http://www.cms.hhs.gov/CertificationandComplianc/12_NHs.asp#TopOfPage and scroll down to Nursing Home Data Compendium 2007 - Parts 1 and 2 .

Why are people in these facilities?

Nursing facilities, especially those reimbursed with federal Medical Assistance reimbursements, require a "medical necessity" for such institutionalization.  That is, legally, a person should not be admitted unless the person has a "medical necessity" for institutionalized nursing facility services.

The following are the two most frequently used indica of such "medical necessity" - (1) Need for help with Activities of Daily Living and/or (2) Cognitive Impairments.

1.  Regarding whether a person's condition severely affects his/her "Activities of Daily Living," CMS evaluated ability to get in and out of bed, dressing, eating, transferring and toileting.  A condition was noted only when the resident required "extensive assistance" with the activity.

2. Regarding whether a person had a cognitive impairment, CMS used the Cognitive Performance Scale.

States normally require a person to have a certain number of ADL or cognitive impairments to either be admitted into or stay in a nursing facility. In order to receive federal nursing facility Medicaid reimbursements, documentation of "medical necessity" is required. Obviously, a person can have both, but CMS does not provide a cross tabulation for persons who have both ADLs and cognitive impairments.

Here's what CMS surveys found regarding these two conditions:

ADL Impairments:

Nearly 30.3% of persons in nursing facilities had NO impairment of ADL; that's more than one million persons institutionalized in nursing facilities at sometime during the year who had no ADL impairment. Another 8.3% had only one ADL impairment. More than 46% of the persons had two or fewer ADL impairments.  (Table 3.3.(e)).

The following states have the largest percentage of persons with NO ADL impairments, far above the national average of 30.3%:

Oklahoma 44.6% Missouri 41.4% Illinois 40.7% Arkansas 39.3% Kansas 38.2% Louisiana 37.8%

Why are any persons in nursing facilities with no or even only one or two ADL impairments?  If they are in these facilities only due to ADLs, can't these people be provided Personal Attendant Services in the community?

Why are States, for those residents on Medical Assistance, permitting these people to be admitted into nursing facilities and then paying extremely large payments for them to be unnecessarily institutionalized?

Why aren't advocates making the States "Close the Front Door" and not admit or pay for these persons?  Why aren't advocates demanding their states to offer persons with no or only one or two ADLs less expensive community-based services?

If people are in nursing facilities and do not have impairments of no or few ADLs, then presumably they are institutionalized because they have a cognitive disability. If that is correct, did these people receive PASSAR evaluations before they were admitted, and are they receiving appropriate services for their cognitive impairments?  If they have only a cognitive impairment, how do they otherwise meet the "medical necessity" standard for nursing facilities?

Cognitive Impairments:

Nearly 31% of residents had NO cognitive impairment; that's nearly one million persons without any cognitive impairments.  Another 12.2% had only a "very mild" and 14.5% have a "mild"  cognitive impairment.  Therefore, nearly 58% had either no or only a mild or less cognitive impairment.
(Table 3.5.(e))

The following states, in descending order, have the largest percentage of persons in nursing facilities with NO cognitive impairments, far above the national average of 30.9%:

Arizona 45.3% New Jersey 42.0% DC  41.2% Florida 39.5% Maryland 38.4% Nevada 38.3%.

Interestingly, the national average was only 11.5% of the residents had a "severe" or "very severe" cognitive impairment, far lower than what is commonly believed.

The following states, in descending order, far exceeded the national average for the percentage of people in nursing facilities with a severe or very severe cognitive impairment:

Georgia 17.4% Arkansas 15.5% South Carolina 15.5% Louisiana 13.9% Kentucky 13.8% Maryland 13%

Advocates should ask their MA officials for a breakdown of persons with a combined ADL and cognitive impairments.

Are people with severe or very severe cognitive impairments receiving specialized services, as Congress required in the Nursing Home Reform Act.

When one looks at both ADL and cognitive impairments, a frightening picture emerges.  Have nursing facilities become the last refuge for many persons who are mentally ill, homeless, developmentally disabled?  Are States permitting them to stay in nursing facilities because that's where states can receive federal reimbursements and funds?

Why is your State wasting Medical Assistance dollars on those persons who could easily be treated appropriately in the community?  Think how many more persons could be served in the community with better use of these funds.

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.

********************************************************
MEDICAL CARE IN NURSING FACILITIES?
********************************************************
Medical Care in Nursing Facilities?- Nursing Residents' 2007 Clinical Characteristics.  Information Bulletin #239 (1/08)

CMS' 2007 Nursing Home Data Compendium was recently released.  In the previous Information Bulletin #238, we looked at the distribution of people in these institutions by Activity of Daily Living and Cognitive Impairments. In this Information Bulletin, we will break down some of the findings. To review how your State measures up, go to http://www.cms.hhs.gov/CertificationandComplianc/12_NHs.asp#TopOfPage, scroll down to Nursing Home Data Compendium 2007- Parts 1 & 2 .

Are People Receiving Medically Care in Nursing Facilities?

Many of the following are life endangering conditions, and many of them are actually caused by improper medical care and treatment in the nursing facilities.

They all demonstrate that people are at significant risk to their health and safety when they are in a nursing facility.

A.  Pressure Ulcers

CMS counted these only if the pressure sore was at stage 2 or greater.

a.  Nationally, half of ALL nursing facilities had more than 7.9% of its residents with pressure ulcers at stage 2 or greater. (Table 3.7).

b. The following States, in descending order, had the highest percentages of nursing facilities whose residents who had these pressure ulcers:

DC, New Jersey, Maryland, California, Virginia, Nevada, New York, S. Carolina

B.  Use of Physical Restraints

CMS writes that it "conservatively considered only" people whom the nursing homes reported were in a trunk restraint, limb restraint, or some sort of restraining chair and in such restraint at least once in the 7 days prior to the assessment.  CMS noted that it did not report use of bed rails.

a.  Nationally, half of ALL nursing facilities had more than 3 % of its residents who were in these physical restraints.  (Table 3.11)

b. The following States, in descending order, had the highest percentages of nursing facilities whose residents were in physical restraint, and all of these States were at least twice the national average:

Arkansas, Louisiana, Oklahoma, California, Mississippi, North Carolina

C.  Weight Loss

CMS identified people who had a weight loss of more than 5 percent in the 30 days prior to the assessment or more than 10% weight loss in last 180 days.  CMS excluded residents with end-stage disease or receiving hospice care.

a.  Nationally, half of ALL nursing facilities had more than 8.0% of its residents who had such weight loss.  (Table 3.17).

b. The following States, in descending order, had the highest percentages of nursing facilities whose residents who had such weight loss:

Wyoming, Vermont, Washington, Oregon, Kentucky

D.  Severe Bladder or Bowel Incontinence

CMS identified and counted only persons who were incontinent of bladder or of bowel on almost all occasions.  This is a measure of severe incontinence.

a.  Nationally, half of ALL nursing facilities had 32.9% of its residents who had severe bladder or bowel incontinence. (Table 3.19).

b. The following States, in descending order, had the highest percentages of nursing facilities whose residents who had severe bladder or bowel incontinence on almost all occasions:

South Carolina, Hawaii, DC, California, Georgia, North Carolina, Virginia, Mississippi

What are Older American and Disability Advocates doing to correct these four situations?  Even if your State was not listed, go to the above CMS website and find out how your State compares.

Each of the above - pressure sores, physical restraints, weight loss, and severe bladder or bowel incontinence - is very dangerous!

Pressure sores, weight loss, and the sequelae of incontinence are all treatable conditions that if not properly treated can be life threatening.

Older American and disability advocates should be meeting with and pressuring your State Medicaid officials and your State Health Departments for letting these conditions go on, and to find out why they are occurring in such numbers and in many cases year after year.

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.

********************************************************
THE MEDICARE OPTION
********************************************************
The Medicare Option

January 24, 2008 • Volume 8, Issue 4

The three leading Democratic presidential candidates all propose, as part of their plan to cover the uninsured, to give people the option to receive health coverage from a government-run, Medicare-like health plan as well as from the private insurance companies they have now.

A public option could help keep the for-profit insurance companies honest by making them compete with a program that can set a high standard for efficient delivery of high-quality care.

That is kind of how Medicare works now—there is a choice between Original Medicare and private insurance plans that contract with Medicare to deliver benefits to people with Medicare—but the competition is so skewed in favor of private companies that it does little to promote either efficiency or quality.

Private Medicare health plans are paid on average 12 percent more per enrollee than it would cost to care for the same person under Original Medicare. These overpayments reward inefficiency. The plans that offer the least in care coordination—private fee-for-service plans—receive subsidies that average 19 percent more than Original Medicare costs.

Original Medicare is barred from offering Part D prescription drug coverage; only private companies can offer Part D plans. Medicare is barred from using its power to negotiate lower prices or its influence to promote cost-effective prescribing.

Original Medicare coverage with a supplemental Medigap policy provides protection against catastrophic medical expenses. Many private Medicare health plans sell themselves as a cheaper alternative to a Medigap, yet some leave people with much higher out-of-pocket costs than they would have paid with Original Medicare alone.

Over its 43-year history, Medicare has been a remarkable success, providing secure, affordable coverage to older adults and people with disabilities who were abandoned by private insurers. It is a testament to how great the Original Medicare program is that, despite how skewed the system has been set up in favor of the private plans, over 80 percent of people with Medicare still choose the government-run Medicare program.

To keep Medicare strong, both drug coverage and catastrophic coverage must be made available directly through Original Medicare. Original Medicare and Medicare private health plans should compete on a level playing field.

We should be building on the success of Medicare, not on the failures of the private plans.
(thax medicarerights)

********************************************************
LOBOTOMIST SERVES AS A WARNING
********************************************************
'Lobotomist' Serves as a Warning
Documentary Shows Damage Done When Medicine Goes Awry

By Sandra G. Boodman
Washington Post Staff Writer
Tuesday, January 15, 2008; HE01

One of the most horrifying medical treatments of the 20th century was carried out not clandestinely, but with the approval of the medical establishment, the media and the public. Known as the transorbital or "ice pick" lobotomy, the crude and destructive brain-scrambling operation performed on thousands of psychiatric patients between the 1930s and 1960s was touted as a cure for mental illness.

Its prosaic name comes from the instrument initially used to perform it: an ice pick plucked from the kitchen drawer of the procedure's tireless proselytizer, Walter J. Freeman, who pioneered the operation in 1936 while at George Washington University Hospital.

The story of how Freeman sold his procedure to credulous colleagues, assiduously courted the press and convinced desperate families that sticking an ice pick through a patient's upper eye sockets and twirling it like a swizzle stick through brain matter would cure psychosis, depression or troublesome behavior is the ultimate in cautionary medical tales.

As the riveting hour-long "American Experience" documentary "The Lobotomist" (scheduled to air Jan. 21 at 9 p.m. on WETA and other PBS stations) makes clear, Freeman's operation reflected the neurologist's peculiar combination of zealotry, talent, hubris and, as one of his trainees noted, craziness. Sometimes Freeman, who relished putting on a show, used a carpenter's mallet instead of a surgical hammer during demonstrations of his operation. At other times, he would operate left-handed rather than right-handed.

Based in part on the much-praised 2005 biography "The Lobotomist" by medical writer Jack El-Hai, who appears in the film and served as a consultant, the film by Barak Goodman and John Maggio features chilling black-and-white home movies as well as haunting photographs of patients before and sometimes after their lobotomies. Many of the movies are narrated by a gravel-voiced Freeman demonstrating the procedure he performed on more than 2,900 people, the youngest of whom was 4.

As the filmmakers note, lobotomy flourished in a therapeutic vacuum: Until the mid-1950s when the groundbreaking tranquilizer Thorazine swept through mental hospitals, ushering in the era of psychopharmacology, medicine had virtually nothing to offer psychiatric patients.

State hospitals were teeming, squalid warehouses that had become permanent homes to thousands who had little hope of ever leaving. One of the most notorious was Washington's St. Elizabeths Hospital, where Freeman began his career in the 1920s and was struck by the sight of 5,000 patients "whose lives were going nowhere, would go nowhere," in the words of El-Hai.

The solution, Freeman believed, lay in a radical experimental procedure invented by a Portuguese neurologist who in 1949 would win the Nobel Prize in medicine. He claimed the drastic brain operation had cured a substantial number of people with mental illness.

The scion of a distinguished Philadelphia medical family who had a burning desire for fame, Freeman began experimenting and developed the ice pick procedure. His operation severed the frontal lobe from the thalamus, the repository of emotions and the site where Freeman believed mental illness originated.

A few patients and their families claimed lobotomy was beneficial, especially in reducing agitation, which was Freeman's measure of success. But others died on the table or were left irreparably damaged: childlike, docile, vacant and incontinent. Among them was Rosemary Kennedy, the 23-year-old mildly retarded sister of John F. Kennedy, who spent 56 years of her life in an institution after Freeman operated on her in 1941.

Undaunted by his failures, Freeman's pitch that lobotomy cured mental illness was seized on by the press -- the Washington Star called it among "the greatest innovations of this generation," and the New York Times pronounced it "history-making." Many doctors embraced it as a 10-minute operation that promised to empty mental hospitals and return patients to their families. Opponents, mostly psychiatrists who practiced Freudian talk therapy, didn't matter much: In those days public criticism of a doctor by his peers was regarded as unethical.

By the early 1960s lobotomy had fallen out of favor, in part because of its low success rate and the disastrous harm it inflicted on many patients.

Freeman, who died in 1972, performed his last lobotomy in 1967; his privileges at Herrick Hospital in Berkeley, Calif., were revoked after the patient died.

While several of his relatives appear on camera, one of the most affecting interviews is with Berkeley bus driver Howard Dully, who was lobotomized by Freeman at age 12 after his stepmother complained he was difficult.

The issue at the heart of this powerful and unsettling film is not, as one writer puts it, "how a man could go off the rails, but how science could go off the rails."

It's a question well worth pondering.
(thax S.W.)

********************************************************
DEAR MARCI - IS A CHILD WITH A DISABILITY ELIGIBLE FOR MEDICARE?
********************************************************
Is a child with a disability eligible for Medicare?

Dear Marci,
My child just got diagnosed with a chronic condition and will need a lot of health care. Will he be eligible for Medicare since he has a disability?
— Howard (Winchester, KY)
--------------------
Dear Howard,
I am sorry to hear that. Medicare eligibility for children is limited. If your child is younger than 20, he only qualifies for Medicare if he has end-stage renal disease (ESRD).

If he is older than 20, he qualifies for Medicare if he has been receiving Social Security Disability Insurance (SSDI) benefits for at least two years (24 months).

Read the full article on Medicare Interactive for details on whether your child is eligible for Medicare http://medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=910

and read about other insurance options that may be available. http://medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=376

— Marci
(thax medicarerights)

********************************************************
SpEd - WORD FAMILY & RHYMING - EMOTIONAL, MH, BEHAVIOR
********************************************************
Word Family and Rhyming Word Worksheet Cards
When struggling readers/writers are learning to spell, read and write, they benefit from seeing the patterns in words. A child that recognizes the word at will soon recognize sat, mat,...read more

20% of Our Student Population: Emotional, Mental Health or Behavior
Educators are often the first to notice this 20% of our student population, however, educators are often missing professional support to help them effectively support students with mental health in...read more

A Cure for Impulsivity Please!
Well, a cure you won't necessarily find but 8 steps to help you out with the child who is impulsive will sure get you on the right path. Unfortunately, impulsivity...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 V8-#23  Friday, January 11, 2008 -- No Vote, No Voice!  
========================================================
If you're following the caucuses the NH primary caucus put a little spin on what was becoming a large snowball running away for Obama and gave Clinton and McCain a breath of fresh air. Although it's far from over the race for president is really heating up now and those with little or no funding are starting to drop, like Richardson from NM. At any rate it is interesting so make sure YOU vote in your state's primaries as it does affect you, because it's for YOU !!!

On a sad note, DAC would like to express our sincere condolences to Kathy M. and her family over the loss of their son Colin, this past week. You are very much in our thoughts............... 

NEXT
January 2008 Center for PAS Bulletin
A pdf version of this newsletter can be found at http://www.pascenter.org/newsletter/CenterforPASBulletinJan08.pdf
Previous newsletters can be found at http://www.pascenter.org/newsletter

Study: Rare gene change linked to autism
http://apnews.myway.com/article/20080110/D8U2M24O0.html

Judicial Watch Committee (I just report the news not make it up:)
http://www.judicialwatch.org/judicial-watch-announces-list-washington-s-ten-most-wanted-corrupt-politicians-2007 

SCIENTISTS CAN PREDICT PSYCHOTIC ILLNESS IN UP TO 80 PERCENT OF HIGH-RISK YOUTH
http://www.nimh.nih.gov/health/topics/schizophrenia/index.shtml

LQQK, A JOB
Job Announcement: Director of Outreach and Communications

The National Coalition for Disability Rights (NCDR), an alliance of disability, civil rights and social justice organizations dedicated to advancing social justice and economic opportunity among people with physical and mental disabilities, seeks a Director of Outreach and Communications to provide leadership in our ongoing organizing, advocacy and media related work.  NCDR programs include ADA Watch, Campaign for Fair Judges, Disability Rights Concert, and the Road To Freedom.

Qualifications:
Minimum of college graduate with 2 years experience in organizing, activism, or campaign work. Computer literacy required. Must be a self-starter and strong team player with excellent writing and organizational skills. Must be able to work under pressure, juggle multiple priorities, and meet deadlines. Must show strong commitment to social justice issues and have a good sense of humor.

Starting Salary:
$35,000 - $40,000/year, depending on experience.

To apply:
Position is open until filled. Send resume, writing sample, and two references to: jimward@ncdr.org

This job is in Washington, DC; NCDR is an equal opportunity employer.
People with disabilities, women and people of color are encouraged to apply.

Jim Ward
Founder and President
National Coalition for Disability Rights (NCDR)
601 Pennsylvania Avenue, NW, Suite 900S
Washington, DC 20004
Direct Voice: 202-415-4753
Email: jimward@ncdr.org

ANOTHER JOB
Greetings,
We are excited to announce our search for an Executive Director of Voices for Virginia's Children!  Please send this detailed job description to anyone you feel is qualified and interested in the position. 

Thank you for your continued support for Voices! 

EMPLOYMENT OPPORTUNITY

Voices for Virginia's Children
701 East Franklin Street                      
Suite 807                                             
Richmond, VA 23219             
804-649-0184                        
Fax: 804-649-0161
www.vakids.org

Position Description
Executive Director

Voices for Virginia’s Children (Voices) is a nonprofit, nonpartisan research, education and advocacy organization whose mission is to improve the lives and life chances of Virginia’s children by advocating for effective public policies. The Executive Director will report directly to the Board of Directors and provide leadership in all aspects of the organization.

Email resumes to:  search@vakids.org     Close Date February 7, 2008

NEXT
The United States Conference of Mayors - Sodexho
"Hunger and Homelessness Survey:  A Status Report on Hunger and Homelessness in America's Cities" (December 2007)
The survey of 23 major cities estimates for each city the demand for emergency food assistance, emergency shelter and transitional housing; the capacity to meet that demand; the causes of hunger ad homelessness; efforts underway in each city to combat these problems; the economic or social conditions that exacerbate these problems; and the outlook for 2008.  http://usmayors.org/HHSurvey2007/hhsurvey07.pdf    

Center on Budget and Policy Priorities
"Economic Policy in a Weakening Economy: Principles for Fiscal Stimulus" (January 8, 2008)
This analysis assesses the risks and benefits of acting on fiscal stimulus now and presents principles and recommendations for the design of an effective stimulus package.  http://www.cbpp.org/1-8-08bud.pdf

AND
WORLD OF POSSIBILITIES MAGAZINE
Lifestyle Magazine Serving the Disabilities Community
Baltimore-Washington Edition

World of Possibilities Magazine reaches over 40,000 readers 2 x year and offers:
Informative content including local issues and disability-related features, disability-related equipment, products and goods for children and adults, their families and service providers

Features such as health, employment, technology, education, sports, travel, universal design, mental health, accessibility (parks/restaurants-rating), diversity, humor, transportation/mobility, housing, women's health, respite, self-advocacy, self-determination, inclusion, waivers, legislation, agency highlights, sibling issues, transition, safety and more!!

World of Possibilities magazine has a user-friendly format and with editorial contributions from individuals with disabilities, family members, industry experts and service providers. It is a visually exciting, glossy; full color magazine with inexpensive vendor listings and very affordable advertising rates, making this the most comprehensive guide of is kind!

Published twice annually in the Spring and Fall

FREE distribution to:
Hundreds of locations and thousands of homes, directly mailed to the extensive address lists managed by Caring Communities, and distributed at the World of Possibilities Expos in Maryland and Virginia

Thousands of copies will be distributed through non-profit organizations and agencies, conferences, local disability events throughout the region attended by individuals with disabilities, their families, health care and education professionals

Thousands of copies will be distributed in public places such as centers for independent living, rehab facilities, schools, hospitals, libraries, clinics, and doctor's offices

World of Possibilities magazine will be published using Milestone Media Group, a leader in designing family-friendly publications. For additional information, to submit an article or request a media kit contact Caring Communities at 1-866-227-2644 or click on:  http://magazine.caringcommunities.org

EXPO IN DC
REMINDER: Please join us this weekend at our WORLD OF POSSIBILITIES: disAbilities, Healthy Aging and Independent Living Expo Pavilion at the NBC4 Health and Fitness Expo - January 12-13, 2008 from 9:00am-5:00pm at the Washington Convention Center.

FINALLY
FAST FACT
According to a recent study published in the Journal of the American Medical Association, uninsured adults experience dramatic health improvements after enrolling in Medicare at age 65. By age 70, the disparity in health status between those with insurance prior to Medicare and previously uninsured adults declines by 50 percent among individuals suffering from chronic illness (“Health of Previously Uninsured Adults After Acquiring Medicare Coverage,” J. Michael McWilliams, Ellen Meara, Alan M. Zaslavsky, John Ayanian, Journal of the American Medical Association, December 26, 2007).


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

Keith-

========================================================
1. USDA'S RENTAL ASSISTANCE PROGRAM
2. INCREASING AFFORDABLE, ACCESSIBLE, INTEGRATED HOUSING
3. WORLD INSTITUTE ON DISABILITY 2007 HIGHLIGHTS
4. WHAT A WASTE (Drug Co's cash in on Medicare Part D)
5. DEAR MARCI - TURNING 65, HOW DOES ONE ENROLL IN MEDICARE?
6. DIFFERENTIATE INSTRUCTION -  GIFTED: 1 IN 5 MAY BE A US DROPOUT
========================================================
********************************************************
USDA'S RENTAL ASSISTANCE PROGRAM
********************************************************  
USDA's Rental Assistance Program - Information Bulletin # 233 (1/08)

Many housing advocates for people with disability look only to HUD
(vouchers, HOME, CDBG, public housing) or IRS (Low-income housing tax credits) for housing.  In this Information Bulletin, we look at the U.S. Department of Agriculture for housing.  While the USDA provides funding for home owners and single family housing, we're going to look only at rental housing for multiple-family housing.

The USDA funds both capital costs to construct/rehabilitate and also rental assistance, so that low income persons can afford to rent the units.

The USDA "Rental Assistance" program provides rental subsidies - "housing vouchers" - to those units that it has funded with capital funds.  These rental subsidies are just like HUD's project-based vouchers; they go with the USDA rental unit b not with the individual. If a person is lucky enough to reside in a USDA multifamily "rental assistance" unit, like HUD's vouchers, the person pays only a portion of the rent and the USDA "rental assistance" subsidizes the rest of the rent.

In FY 2006, the USDA provided new Rental Assistance awards for nearly
42,000 units, which was in addition to the many existing units that also receive USDA Rental Assistance.

As of 9/30/07, nearly 60% (266,228) of the USDA total multifamily rental units (441,534) receive "Rental Assistance" subsidies.

Below we provide by State a breakdown of the total number of USDA rental assistance properties the number of Rental Assistance units (i.e., those with project-based subsidies) out of the total number of USDA funded rental units.

To find the city and street address of the USDA properties in your State with both the specific number of units and the specific number that receives rental assistance, go to www.nhtinc.org, click on subsidized housing data, then go to your State and click on USDA Section 515.

These USDA units must comply with Section 504 of the Rehabilitation Act and must have at least five percent of their units accessible for people with a mobility disability and another one percent for visual and for hearing disabilities.  People who require the accessible features should be residing in those units.

Advocates should know where these properties are located, how many units in each property receives a "Rental Assistance" subsidy, and whether Section 504 has been complied with.

The first column of numbers lists the total number of properties in the USDA "Multifamily Housing Portfolio."  The second column lists the number of units in the properties that receive a "Rental Assistance" (i.e., rental subsidy) and the third column lists the total number of USDA units in all the properties.

Alabama .....................480 USDA multifamily properties.........have 8,025 units receiving "Rental Assistance" out of a total 15,789 USDA multifamily units in the state.
   
Alaska ....................... 39 USDA multifamily properties............have 813 units receiving "Rental Assistance" out of a total of 894 USDA multifamily units in the state.
 
Arizona .....................117 USDA multifamily properties .......have 3,175 units receiving "Rental Assistance" out of a total 3712

USDA multifamily units in the state.
Arkansas....................362 ............6,360..........10,267
California..................407............12,230..........18,828
Colorado....................130 ............2,428...........3,387
Connecticut................. 65............ 1,639...........2,482
Delaware.................... 53............ 1,197...........1,633
Florida.....................428.............9.313..........16,346
Georgia.................... 457............ 8,217..........15,984
Hawaii.......................26...............702...........1,011
Idaho.......................181.............3,641...........4,224
Illinois....................624.............7,208..........10,835
Indiana.................... 556.............7,783..........14,135
Iowa....................... 555 ........... 7,602......... 10,412
Kansas....................  366............ 3,882...........6,595
Kentucky................... 450 ........... 6,369..........12.261
Louisiana.................. 384............ 7,729..........12,537
Maine...................... 347 ............5,980...........8,169
Maryland....................168  .......... 2,990...........5,326
Massachus..................  62  ...........1,488...........1,996
Michigan................... 616.............9,208..........18,603
Minnesota.................. 634 ........... 6,468..........11,600
Mississippi................ 498 ............9,249..........15,377
Missouri................... 796.............9,031..........18,596
Montana.................... 159.............1,969...........2,536
Nebraska....................252............ 2,532...........3,659
Nevada...................... 69 ............1,681...........2,060
New Hampshire..............  84.............1,895...........2,516
New Jersey...................81.............2,018...........3,311
New Mexico..................108.............2,966...........3,946
New York .................. 450 ............5,376..........13,314
North Carolina............. 629............14,778..........22,457
North Dakota............... 226 ............2,044...........3,130
Ohio....................... 392............ 8,927..........14,673
Oklahoma................... 292.............5,178...........8,042
Oregon....................  185.............4,056...........5,448
Pennsylvania............... 309.............6,922..........10,302
Rhode Island...............  12 ..............376.............421
South Carolina............  324.............6,192..........11,893
South Dakota..............  441.............4,622...........6,680
Tennessee.................. 375.............6,785..........12,832
Texas.....................  756............13,629..........24,586
Utah........................ 87 ............1,706...........2,121
Vermont....................  66 ............1,307...........1,581
Virginia................... 261.............6,292..........10,279
Washington ................ 297 ............5,911...........8,716
West Virginia.............. 248 ............4,297...........7,107
Wisconsin ................  512 ............6,648..........10,363
Wyoming .....................57.............1,167...........1,614

TOTAL.................   15,603...........266,228.........441.534

    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.
=========
This is a follow-up from yesterday's email re USDA and multifamily units with "Rental Assistance."

Here are two web links that will help you locate USDA multifamily units in your State and USDA and the Rural Housing Service have a very good link for locating multifamily USDA developments in a town or zip code.  It is at: http://rdmfhrentals.sc.egov.usda.gov/RDMFHRentals/mfh_state_text?srch=Y

They also have state maps for county-by-county searches. http://rdmfhrentals.sc.egov.usda.gov/RDMFHRentals/
--
Steve Gold, The Disability Odyssey continues

********************************************************
INCREASING AFFORDABLE, ACCESSIBLE, INTEGRATED HOUSING
********************************************************
Increasing Affordable, Accessible, Integrated Housing - One State's Strategy to Increase LIHTC units.  Information Bulletin #236 (1/08)

The Disability Law Center in Boston (Massachusetts'"P&A"), nine Independent Living Centers throughout Massachusetts, and the Statewide ILC recently filed their recommendations to the MA Department of Housing and Community Development (DHCD) regarding the MA 2008 allocation of Low-Income Housing Tax Credits to increase the number of units for persons on SSI.

These recommendations were submitted as part of the federally-mandated Qualified Allocation Plan (QAP) process, with which States must comply each year.  Because LIHTC is the largest growing federal housing program in the country and because these advocates warrant KUDOS, we want other advocates to know what the MA advocacy community is requesting.

Throughout the country, the extremely competitive demand for LIHTC exceeds the supply by nearly 3 to 1, which means that Housing Finance Agencies throughout the country could do exactly what the MA advocates are requesting.  Here's a summary of their recommendations.  For a full copy, go to http://www.dlc-ma.org/QAP_Comments.doc

First, according to the most recent data available, nationally only 7% of LIHTC were targeted to households with incomes at or below 30% of the Area Median Income.  Even though the MA's LIHTC program had exceeded the national average by requiring, as a threshold, that 10% of all LIHTC units had to be already targeted to households whose incomes are at or below 30% of the Area Median Income, the MA advocates recommended that the 2008 QAP have an additional threshold requirement for another10% of the units to be targeted to persons with "very low incomes"(i.e., on SSI) with disabilities through project based vouchers - well below 30% of the AMI.

Second, the MA recommended that developers who are awarded LIHTC as a result of the competitive process be required to submit a plan to ensure that the additional 10% of the units will be made available to "very low income" persons with disabilities.

Third, to ensure people with disabilities are integrated, the advocates recommended that MA alter its policy so that LIHTC projects will assure integration by not having more than 15% of the total units in a project occupied by people with disabilities (absent a compelling programmatic reason for intensive specialized services that cannot be provided in an integrated setting).

Fourth, the MA advocates recommended that "visitability" should be a threshold requirement for ALL new construction and renovation of existing housing units.  This is in addition to DHCD's current extra points for developers that provide Universal Design.

In a number of other Information Bulletins in the last few years, we have described the LIHTC process and what advocates should be doing.

MA is one great example.  What's happening in your State with LIHTCs? Are there similar coalitions as exist in MA?  Has your P&A and ILCs taken similar initiatives to increase the supply of Accessible, Affordable, Integrated housing via LIHTCs?

Steve Gold, The Disability Odyssey continues

********************************************************
WORLD INSTITUTE ON DISABILITY 2007 HIGHLIGHTS
********************************************************
World Institute on Disability 2007 Highlights

Dear Friend of WID:

As 2007 draws to a close, it is with pride that we reflect on WID's achievements over the   year. This letter highlights several of our most outstanding initiatives, ranging from the most successful conference for Latinos with disabilities, to our spectacular, sold-out East Bay premiere of Ever Widening Circle showcasing disability arts and culture, to an array of innovative training and service projects focusing on benefits planning, economic empowerment, health services and abuse prevention.

As federal funding for disability programs decreases, we find ourselves in the situation of many other nonprofits-depending more and more on community support and the generosity of individuals like you.

Our impact WID continues to promote the civil and human rights of people with disabilities throughout California, the U.S and abroad through training, advocacy and policy development. We estimate that at least 30,000 individuals benefited from our projects and outreach in 2007. As just one example of our unique impact, last month we learned that Jamie Jameson, a career CIA professional who recently passed away, had been so impressed with his work on our Russia business development project, that he requested that all donations in his honor be made to WID. Asked to provide some information about WID at the memorial service, Executive Director Kathy Martinez was touched by the turnout from Washington's social justice community to pay homage to this Russia expert who had contracted polio as part of his Cold War experience.

WID also congratulates the Russian disability organization Perspektiva, formerly WID's Moscow office, for 10 years of success and groundbreaking work promoting independent living and civil rights for people with disabilities throughout Russia.

I invite you to read more about our programs and activities on our recently redesigned and upgraded website (http://www.wid.org).

Highlights In 2007, WID started a new project with the American Red Cross to train its staff and volunteers to better serve people with disabilities during disasters (http://www.wid.org/wid-and-american-red-cross-partner-to- provide-innovative-training-to-better-assist-those-with-disabilities). Our Health Access and Long Term Services Program (http://www.wid.org/programs/health-access-and-long-term-services) unveiled the innovative online Curriculum on Abuse Prevention and Empowerment
(http://www.wid.org/cape), using stories of disabled people challenging and handling abuse. Its educational materials include movies, comic book scenes, quizzes and games to accommodate various levels of literacy and are available in English and Spanish (http://www.wid.org/curriculum-on-abuse- prevention-and-empowerment-cape-for-people-with-disabilities-now-available- online).

The California Work Incentives Initiative
(http://www.wid.org/programs/california-work-incentives-initiative) launched a newsletter and several new benefits planning calculators
(http://www.wid.org/programs/california-work-incentives-initiative/equity- special-section), allowing users to enter information describing their own particular situations to determine how changes in employment and living arrangements might affect their income and eligibility. State specific, bilingual calculators have been developed for California (http://www.disabilitybenefits101.org) and New Jersey, and work is underway on a similar product for the State of Minnesota.

Proyecto Visión (http://www.proyectovision.net) held its sixth national Bridges to Employment conference in Miami to increase employment opportunities for Latinos with disabilities in the U.S., this year featuring new sessions on veterans and immigration issues
(http://www.wid.org/programs/proyecto-vision/bridges-to-employment- proyecto-vision-hosts-national-forum-on), and the Access to Assets Project
(http://www.wid.org/programs/access-to-assets) continued publishing the resource and information packed Equity newsletter
(http://www.wid.org/programs/access-to-assets/equity), including a special issue on veterans (http://www.wid.org/programs/access-to- assets/equity/equity-e-newsletter-november-2007).

We were thrilled to have more than 350 corporate and community representatives, all celebrating disability culture at our 9th Annual Ever Widening Circle with headliner Josh Blue, 2006 winner of NBC's Last Comic Standing. (http://www.wid.org/ever-widening-circle/the-9th-annual-ever- widening-circle-highlights-comedy-and-music). Finally, Kathy Martinez was sworn in by former Associate Supreme Court Justice Sandra Day O'Connor as the first disability rights advocate appointed to the Board of Directors of the United States Institute of Peace (http://www.wid.org/news/wid- executive-director-named-to-board-of-u-s-institute-of-peace-sworn-in-by- former-supreme-court-justice-sandra-day-oconnor).

Give to WID in 2007 so we can do better in 2008 Your tax-deductible contribution is vital when funds for social justice work are scarce. Please help us continue our important projects to promote choice and economic empowerment for people with disabilities. To make a donation with a credit card, please call (510) 251-4361 or visit http://www.wid.org/donate, or you may send a check payable to the World Institute on Disability, 510 - 16th Street, Suite 100, Oakland, CA 94612.

On behalf of the Board of Directors and staff of the World Institute on Disability, I thank you for your support and look forward to working with you in 2008.

Sincerely,

Martin Schulter
Chair, Board of Directors

********************************************************
WHAT A WASTE (Drug Co's cash in on Medicare Part D)
********************************************************
What a Waste

January 10, 2008 • Volume 8, Issue 2

The Medicare prescription drug benefit (Part D) saves enrollees $9 or less per month, according to researchers who tracked purchases of over 100,000 older adults before and after the benefit began in 2006.

Why does Part D yield so little savings, when the program will cost about $1 trillion over the next ten years?

Because the Part D benefit is run by private companies and not by Original Medicare.

Consider these two facts from a recent overview of health spending published in Health Affairs by researchers for the Centers for Medicare & Medicaid Services:

Of the $41 billion in Part D spending in 2006, $5.3 billion, or 13 percent went for administrative costs and the profit siphoned off by the insurance companies offering Part D. By contrast, just 3 percent of spending for coverage of doctor visits and hospital care under Original Medicare goes to administrative costs.

The Part D plans cannot negotiate discounts and rebates from drug manufacturers that come close to matching what Medicaid received, when that program provided drug coverage for low income people with Medicare. In fact, even though enrollment in Part D plans is more than double the number of people enrolled in Medicare and Medicaid, the total amount of rebates received by Part D companies are less than Medicaid received before Part D took over coverage.

It is becoming more and more clear that the privatized structure for Part D has created a boondoggle for drug manufacturers and insurance companies even as it has fallen woefully short in providing people with Medicare the kind of drug coverage they need. It is time to for Congress to provide a drug benefit directly through Medicare. Older adults and people with disabilities deserve that choice.
(thax medicarerights)

********************************************************
DEAR MARCI - TURNING 65, HOW DOES ONE ENROLL IN MEDICARE?
********************************************************
Dear Marci,
My mother is turning 65 years old soon. She does not have health insurance and wants to enroll in Medicare as soon as she becomes eligible. How does she do this?
— Sara (Louisville, MO)
-----------------
Dear Sara,
Most Americans become eligible for Medicare when they turn 65. What you need to do to actually get Medicare depends on whether you are receiving Social Security (retirement) benefits.

Read the full article on Medicare Interactive to find out how and when you can enroll in Medicare.
http://medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=1596

— Marci
(thax medicarerights)

********************************************************
DIFFERENTIATE INSTRUCTION -  GIFTED: 1 IN 5 MAY BE A US DROPOUT
********************************************************
Differentiate Instruction - A Good New Year's Goal
Teachers like students are life-long learners, always trying new instructional or assessment strategies to maximize student learning and engagement. An engaged classroom is ideal, afterall, students off task aren't learning....read more

Gifted: 1 in 5 May Be a US Dropout
Are these students merely bored and frustrated? Why are so many gifted students earning poor grades? Do they lack the strategies to 'stick with it'? Regardless, it's clear that...read more

Learning Over the Holidays
Keeping struggling students learning over the holidays is important to ensure that nothing is lost upon school return. Remember to try and keep the learning fun and model a thirst...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 V8-#22  Wednesday, January 02, 2008 -- No Vote, No Voice!  
========================================================
Welcome to 2008, where oil prices just spiked over $100 a barrel for the first time in history today and the DOW Jones Industrial average is down over 238 points as of this writing. All of this may not sound to welcoming for a new year but we do have the Iowa Caucus to look forward to tomorrow followed by NH and other states to help us get a look at who might be our new president elect this year. I encourage voters in those states to get out and vote. Think about this, if the right candidates end up as the two party choices we 'might' see a third party run by an Independent candidate who could fully fund his own campaign owing no favors to anyone. Wouldn't that be a delightful change? Keep an eye on Michael Bloomberg and who knows, we may just see an interesting presidential race. Just my opinion for whatever it's worth:)
   
NEXT
SMART-One January Newsletter
http://smartoneinc.net/newsletter/SMART_One_Newsletter_January08.pdf
** If you have any problems with the link,  go to the SMART-One website at  http://smartoneinc.net/  and click on the SMART-One Newsletter button. 

January 2008 Information Summary by Maggie Roffee
Special Alerts and Information or: http://members.aol.com/dac4va/information.htm

Back Pain
Low Back Pain: NACCAM Symposium
http://nccam.nih.gov/news/newsletter/2007_fall/lowbackpain.htm
National Center for Complementary and Alternative Medicine

Childhood Immunization
Questions and Answers about Hib Recall
http://www.cdc.gov/vaccines/recs/recalls/hib-recall-faqs-12-12-07.htm
Centers for Disease Control and Prevention

Depression
Depression Is Not a Normal Part of Growing Older
http://www.cdc.gov/Features/HealthyAging/
Centers for Disease Control and Prevention

Rheumatoid Arthritis
Despite Decrease in Disease Activity, Workforce Dropout Rate in Women With RA Remains High
http://www.niams.nih.gov/News_and_Events/Spotlight_on_Research/2007/disease_activity_workforce_dropout_in_women_with_RA.asp
National Institute of Arthritis and Musculoskeletal and Skin Diseases

Carotid Artery Disease
Screening for Blockages in the Blood Vessels to the Brain
http://www.annals.org/cgi/content/full/147/12/I-36
American College of Physicians,U.S. Preventive Services Task Force

Piercing and Tattoos
Think Before You Ink: Are Tattoos Safe?
http://www.fda.gov/consumer/features/tattoos120607.html
Food and Drug Administration

NEXT
New Medicare Handbook
The Centers for Medicare & Medicaid Services have just released an official government handbook on Medicare.  The contents include:
  - 2008 costs
  - What's covered
  - Preventive services
  - Health plans
  - Prescription drug plans
  - Your rights and appeals

You can find it at:
http://www.medicare.gov/Publications/Pubs/pdf/10050.pdf

NEXT
Caring Communities
SPONSORSHIP NEEDED for the WORLD OF POSSIBILITIES: disABILITIES, HEALTHY AGING AND INDEPENDENT LIVING EXPOS, Over 4,000 attendees expected!! Something for Everyone! Artists, entertainers, demonstrations, workshops, supports, resources, products, equipment, FREE WHEELCHAIR REPAIR and so much more!! The new location will be at the Montgomery County Fairgrounds in Gaithersburg, Maryland, May 2-3, 2008 (a big thank you to the Montgomery County Commission on Disabilities for walking the fairgrounds with us and helping us to make our decision). Vendor space available, click on http://expo.caringcommunities.org/exhibitors.php Volunteers will also be needed, please mark the date! Please see our World of Possibilities Expo Video http://www.youtube.com/watch?v=R8uVjsy1YMg

SILENT AUCTION ITEMS NEEDED for our second annual Caring Communities Charity Gala, please see http://caringcommunities.org/prom_blacktiegala/ This important FUNdraising event with a Mardi Gras theme will be held on Saturday night March 29th at the Renaissance Inner Harbor Hotel, Baltimore. We are expecting over 200 attendees including health professionals, business leaders, and the greater community at-large.

ARTICLES NEEDED for the upcoming edition of the World of Possibilities Magazine with over 40,000 readers in Maryland, DC and Virginia! Click on this link http://magazine.caringcommunities.org/ to find out more about this publication and where to pick one up FREE. Please contact mona@caringcommunities.org for article submission guidelines.

RESPITE PROVIDERS NEEDED to sign up in the only online searchable Lifespan Respite Provider Registry in the area called the Caring Network. Respite Care Providers sign-up free, so we will keep the Caring Network Registry bursting with potential respite care providers. Soon, we will have hundreds and hundreds of providers to offer! To register, please click on http://www.caringcommunities.org/registry/

AND
Professional Grant Proposal Writing Workshop (January 2008: Portland State University
The Grant Institute's Grants 101: Professional Grant Proposal Writing Workshop will be held at Portland State University, January 22 -24, 2008. Interested development professionals, researchers, faculty, and graduate students should register as soon as possible, as demand means that seats will fill up quickly. Please forward, post, and distribute this e-mail to your colleagues and listservs. 

All participants will receive certification in professional grant writing from the Institute. For more information call (888) 824 - 4424 or visit The Grant Institute at www.thegrantinstitute.com

NEXT
Virginia Board for People with Disabilities Seeks Grant Proposals for Public Awareness Campaign Part 2: Outreach & Public Relations

The Virginia Board for People with Disabilities, the state’s Developmental Disabilities Planning Council, is currently seeking proposals for a competitive grant to implement a Public Awareness Campaign beginning in spring 2008. This Request for Proposals represents the second step in a campaign to promote the development and expansion of community-based services for people with developmental disabilities in Virginia and highlight the successful inclusion of people with disabilities in all facets of community life.

Part 1 of the Board’s Public Awareness Campaign, Advocacy Message Development, assessed and documented attitudes and beliefs of the general public regarding people with developmental disabilities in Virginia. Using this information, public awareness messages for influencing those attitudes and beliefs consistent with the Board’s policy goals were developed and tested. The public awareness campaign to be conducted under Part 2 of this initiative will be based on these research findings and accompanying communication strategy recommendations.

The Board plans to award a maximum of $300,000 for this initiative, and recipients of this grant will be required to provide matching funds of no less than 25% of the total project cost. Board grants are funded by the U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Developmental Disabilities.

State or local public agencies, institutions of higher education, private non-profit 501(c)(3) organizations, or for-profit companies are eligible to apply for this initiative. The 2008 RFP Booklet and other important documents needed to complete an application are available at www.vaboard.org/grants.htm. Applications must be received by 5:00 p.m., Thursday, January 31, 2008.

Questions regarding the RFP should be directed to Tom Driscoll, Strategic Planning & Marketing Manager, at 804-786-9380 or toll free 1-800-846-4464 (Voice/TDD) or by email at Thomas.Driscoll@vbpd.virginia.gov. Questions regarding grants administration or general guidelines for the RFP process should be directed to Lynne Talley, Grants Manager, at 804-786-9375 or toll free 1-800-846-4464 (Voice/TDD) or by email at Lynne.Talley@vbpd.virginia.gov.

AND
Regional Public Hearings on the Governor's Proposed Budget. 
The Governor strongly encourages citizens to attend the following Regional Public Hearings on his proposed budget for the Commonwealth for the next two years.  Your testimony is valuable to the General Assembly as they begin their deliberations.

Date:           January 3, 2008
Time:           12:00 p.m.
Locations:    George Mason University, Fairfax
                   Tidewater Community College, Norfolk
                   Campbell County Office Building, Rustburg
                   Southwest Virginia Community College, Richlands

Date:           January 14, 2008
Time:           1:00 p.m.
Location:     General Assembly Building, House Room D, Richmond

For more information on the budget, visit www.governor.virginia.gov/.  For additional information on the budget hearings, including alternative ways to submit comments and how to request accommodations, visit http://dela.state.va.us/Dela/ComOpsStudy.nsf/82965f555b18a72185256c330058a983/409cd348e3f43795852573b6006a3c22?OpenDocument. 

NEXT
CMS Releases Promising Practices Reports for Persons with Autism Spectrum Disorders
The Centers for Medicare and Medicaid Services (CMS) has announced the availability of three new promising practices reports focusing on services for individuals with Autism Spectrum Disorders (ASDs).  Since 1999, CMS has developed an on-line repository of more than 75 Promising Practices in Home and Community-Based Services (HCBS) to highlight state efforts to enable persons of any age who have a disability or long-term illness to live in the most integrated community setting appropriate to their individual support requirements and preferences, exercise meaningful choices, and obtain quality services.  The new reports focusing on ASDs are at:  http://www.cms.hhs.gov/promisingpractices
Early Diagnosis of Autism Spectrum Disorders

Two multi-county regions in California established one-stop clinics to diagnose autism spectrum disorders (ASD) and coordinate service planning across the education and developmental disabilities systems. Both regions also established ongoing collaborative teams to coordinate supports and improve the local service system for children with ASD. An evaluation reported a four-month reduction in the average age of ASD diagnosis.

Pilot Program for Young Adults with Autism Spectrum Disorders
Connecticut is operating a state-funded home and community based services pilot program to help adults with Autism Spectrum Disorders (ASD) gain the skills to become contributing members of the workforce. The program serves people with ASD who do not qualify for the State’s Medicaid home and community-based services waivers. This pilot program targets individuals who need continued supports to pursue employment opportunities and improve their independent living.
Supported Employment for Adults with Autism Spectrum Disorders
Delaware has helped several adults with autism spectrum disorders (ASD) work alongside people without disabilities, using both supported and competitive employment. The state emphasizes early transition planning for youth graduating from the school system. It also provides additional hours of support for Medicaid home and community-based services (HCBS) waiver participants with a history of significantly challenging behaviors. About two-thirds of these people have ASD. Over 50 HCBS waiver participants with ASD in this small state are employed in the community.

FINALLY
The Epilepsy Foundation of Virginia sponsors support groups & classes for Teens & Adults diagnosed with Seizure Disorders & Caregivers. Periodically guest speakers address the topics of interest. Free of charge. For additional information, please call Dana at 703-425-6660

Northern Virginia Epilepsy Group meets every Wednesday from 7:00 p.m. to 8:00 p.m. at Falls Church High School Entrance 1-Room 100,7521 Jaguar Trail.  Please join us on Please join us on Jan 9, 16, 23, 30; Feb 6, 13, 20, 27; Mar 6, 12, 19, 26; Apr 3, 9, 16, 23, 30; May 7, 14, 21, 28; Jun 4, 11, 18, 25

Living with Epilepsy Support Groups for Parents– This group will meet the 2nd Sunday of each Month at McLean Bible Church, Room 1410, 8925 Leesburg Pike, Vienna, VA.  Please join us on Jan 13, Feb 10, Mar 9, Apr 13, May 11, Jun 8.   For additional information or to register, please contact

Jackie Mills-Fernald at (703) 770-2942, or jackiemillsfernald@mcleanbible.org

National Walk for Epilepsy

March 29, 2008!!!

Anyone interested in the walk can sign up directly through the walk web site (www.walkforepilepsy.org) to walk or donate.  It's more secure for people to enter their information themselves, but if someone is really not comfortable w/ computers, they may call Deborah (Team EFVA) & she can enter it.   Please provide name, address, phone, shirt size, DOB, credit card information, emergency contact information.  Folks just have to be sure to look up "Team EFVA".  

To REGISTER as a Virtual or Actual Walker:
1. Go on-line at www.walkforepilepsy.org
2. Under "Registration" (top, left portion of the screen), select "Join the Walk"
3. In center of page, select "Join a Team"
4. Under the blue box, type in Team EFVA" and select "Search for a Team"
5. Search results will appear at the bottom of the screen.   Look for "Team EFVA", Team Captain Deborah Lannen.
    On the right side of this line, select "Join"
6. Select "Virtual Walker," "Actual Walker," or "Children 12 & Under" & follow directions from there.

    Registration fees ($35 for adults; $20 for kids) are not tax deductible, but do go directly to the EFVA.

    Additional donations, should you choose to make one, also go directly to the EFVA, and are tax deductible.

To SPONSOR a Walker on Team EFVA:
1. Go on-line at www.walkforepilepsy.org
2. Under "Sponsor Someone" (top, left portion of the screen), select "Find a Team"
3. In center of page, select "Search for a Team"
4. Type Team EFVA" in the box for team name and click on "Find a Participant"
5. Search results will appear at the bottom of the screen.   Look for "Team EFVA," Team Captain Deborah Lannen.
    Click on "Team EFVA" to view all walkers currently registered with the team.
6. Select the name of the walker you wish to sponsor.  Towards the upper, right hand portion of the page you will see a button called "Support Deborah" (or the name of the person you selected).  
7. Click on "Support Deborah" (or name of other team member" & follow directions from there to make a donation in their name.
    Donations go directly to the EFVA, and are tax deductible.
8.  NOTE:  immediately next to the "Support Deborah" button is a button entitled "Join Deborah's Team."  If you click on this button, you will be on the screen needed to register as a walker.  If you do not wish to sign up as a walker, simply hit the "back" button on your Internet browser.

Have questions using this web site?  Call Deborah Lannen (703-328-7582) for assistance.

Accessibility Summit
Save the Date! The 9th annual Accessibility Summit is coming April 4-5, 2008

A conference where persons with disabilities and their families, communities and churches CONNECT in one place…at one time!

Presented by Access Ministry of McLean Bible Church, Vienna, Virginia
www.accessibilitysummit.org

Please stop by the Epilepsy Foundation of Virginia information Table!


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

Keith-

========================================================
1. MEDICAID'S TARGETED CASE MANAGEMENT
2. COURT BARS MEDICAID ESTATE RECOVERY ATTEMPTS
3. SCORE CARD ON HEALTH CARE IN CONGRESS
4. Sp-Ed - GIFTED: 1 IN 5 MAY BE A US DROPOUT
5. HOW MUCH WILL MEDICARE COSTS GO UP IN 2008?
========================================================
********************************************************
MEDICAID'S TARGETED CASE MANAGEMENT
********************************************************  
Medicaid's Targeted Case Management - Information Bulletin #232 (12/07).

Forty-one States in FY 2006 received substantial Medicaid funds (from $10 m up to $419m per year) for MA's "Targeted Case Management" services.

On July 25, 2000, the U.S. Department of Health and Human Services' Center for Medicare and Medicaid Services wrote that Targeted Case management services could be provided "to institutionalized persons who are about to leave the institution, to facilitate the process of transition to community services."


CMS wrote that these services could be used "to enable the person to gain access to needed medical, social, educational and other services in the community," including housing, rental subsidies, personal attendant care services.  CMS noted that it was encouraging States to use these services in response to the Supreme Court's Olmstead decision.

CMS told your State that Medicaid's federal reimbursement for Targeted Case Management services "may be furnished during the last 180 consecutive days of a Medicaid eligible person's institutional stay, if [the Targeted Case Management services were] provided for the purpose of community transition."

Put simply, States received federal reimbursement for the case management work it provided to persons in nursing homes and other institutions while these persons were still in the institution and were making all the necessary preparations to move back to the community.

We know that it takes quite a bit of time to transition people from institutions to the community.  People often must obtain identification papers (a birth certificate, divers' license, baptism papers), apply for community benefits (food stamps, paratransit eligibility), make applications for affordable, accessible, integrated housing (whether public housing, vouchers, or other housing), as well as obtain appropriate durable medical equipment (many may need a motorized wheelchair which the nursing facility or other institution frequently did not provide).

CMS has issued an "Interim Final Rule" which will limit federal reimbursement for "transitioning to a community setting" to 60 days from the current 180 days.  CMS has offered no explanation for the reduction and offered no examples of States' abusing the 180 days or any other reason for the reduction.

While it would be terrific if all the work could be accomplished in 60 days and the person transitioned to the community within 60 days, we all know that in many cases that is not possible.  Even CMS does not respond to inquiries regarding SSDI or Medicare within 60 days!

Please write to: Dept of Health and Human Services, Attention CMS02227-IFC, PO Box 8016, Baltimore, MD 21244-8016, Re: Case Management Services' Interim Final Rule" and let Secretary Michael O. Leavitt hear your concern.  Don't delay.  This must be done ASAP.

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.

********************************************************
COURT BARS MEDICAID ESTATE RECOVERY ATTEMPTS
********************************************************
Court Bars Medicaid Estate Recovery Attempts as Untimely Filed

In two cases decided by the Tennessee Court of Appeals last month, the State of Tennessee was barred from recovering almost $400,000 because the State failed to file claims in the probate court within one year of the date of death of the benefits recipients.

On July 1, 1991, Mary Virginia Jones Henkel became the beneficiary of Medicaid nursing home benefits paid through the Tennessee Bureau of TennCare. Ms. Henkel died on February 19, 2003.

In March, 2003, Ms. Henkel's conservator sent the Bureau a final accounting for the conservatorship, and the Bureau responded by sending the conservator a letter and printout of Medicaid benefits paid by the State.

On June 11, 2003, October 17, 2003, and November 6, 2003, the Bureau sent letters notifying Ms. Henkel's children that the Bureau may have an interest in the estate. On January 6, 2004, the Bureau received a request for release of its claim from Ms. Henkel's son, Larry. In response, the Bureau sent another letter to Larry Henkel, again informing him that the Bureau may have an interest in his mother's estate.

Ms. Henkel's children did not seek to open a probate estate. Consequently, on September 8, 2005, Bureau petitioned the probate court in Nashville to appoint an administrator of Ms. Henkel's estate, in the case of In re Estate of Mary V. Henkel. An administrator was appointed, and on January 30, 2006, the Bureau filed a claim against the estate for $287,646.30 for Medicaid benefits paid out on behalf of Ms. Henkel. The administrator of the estate filed an exception to the Bureau's claim.

The facts of the second case are similar and likewise were undisputed: In re Estate of Margie Mary Anderson, on January 1, 1994, at the age of sixty-five, Margie Mary Anderson became the beneficiary of Medicaid benefits. Ms. Anderson died on February 21, 2004. On June 3, 2005, the Bureau sought appointment of an administrator of her estate in order to file a claim for $99,345.81 paid to her medical providers on her behalf. The administrator likewise filed an exception to the claim as not being timely filed.

In both Henkel and Anderson, the probate judge dismissed the TennCare claim and the Bureau appealed. In decisions filed on November 16, 2007, the Tennessee Court of Appeals upheld the actions of the probate judges dismissing those claims because they were not timely filed. Under Tennessee law, creditors of decedent's estates, unless subject to a specific exception, must file claims against the probate estate within one year of the date of death of the decedent or be barred from any recovery.

The Bureau argued that the Tennessee legislature never meant for TennCare claims to be subject to the same one-year statute as other general creditors.

Writing for the court, Justice Frank Crawford noted that the legislative history of the amended statute, passed by the General Assembly in 2000, contains the following statement by Steve Cobb, a representative of the Tennessee Bar Association:

Last week you [the Senate Committee] asked me to take a look at this [the proposed amendment]. I circulated this to quite a number of practitioners in the field.... They would recommend that you set a statute of limitations of one year here and we think that would work very well. There were comments last week by someone from the state. If I understood the person correctly she was concerned about the fact that in the case of a state [sic] taxes, death taxes, however you want to call them the state might not even know about the death within a year. I'm informed by all the people I talked to that this bill doesn't affect that whatsoever. There's a separate statute of limitations of three years that governs taxes. So this is only the kinds of credits or claims against the estate of the decedent that are in existence at the time he or she dies so the state is on notice the moment the person dies, even beforehand that they're owed some money and so we think that a year to check on this situation and try to follow up is plenty. An average citizen has four months from the time that notice to creditors is [published] to file...that notice.

"In short," wrote Justice Crawford, "if TennCare services is on notice that it may have a claim against an estate, either by virtue of the fact that TennCare has paid benefits on behalf of an individual prior to death, or has ceased payment at the beneficiary's death, then it is incumbent upon the Bureau to protect its interest by seeking to open an estate on its own motion. That being said, this Court does not conclude that the Bureau, although acting in its official capacity, has unlimited time to seek reimbursement."

© Elder Law Practice of Timothy L. Takacs
201 Walton Ferry Road, Hendersonville, TN 37075 · (615) 824-2571
1680 S. Jefferson, Suite A-B, Cookeville, TN 38506 · (931) 526-3828
www.tn-elderlaw.com

********************************************************
SCORE CARD ON HEALTH CARE IN CONGRESS
********************************************************
Wait Till Next Year

December 20, 2007 • Volume 7, Issue 49

The score card on health care for this session of Congress is pretty grim.

Both the House of Representatives and the Senate passed legislation using $35 billion in additional cigarette taxes to extend health coverage to four million uninsured children. President Bush repeatedly vetoed the bill, however, and there were not enough votes in the House to override the veto.

Big Tobacco: $35 billion (2008-2012)
Uninsured Children: 0

The House passed legislation authorizing Medicare to negotiate lower drug prices under the Part D prescription drug program. The Senate rejected the bill.

Drug Manufacturers: $30 billion (2008)
People with Medicare: 0

The House passed a bill eliminating the excess subsidies Medicare pays to insurance middlemen, using the money to shore up Medicare’s finances, help more low-income people with Medicare with their drug and medical expenses, and improve Medicare’s coverage of preventive and mental health services. Backed by the threat of a presidential veto, the Senate stripped the bill of any subsidy reductions to Medicare private health plans and rejected any expansion of low-income assistance programs or coverage for mental health or preventive services.

Insurance Companies: $50 billion (2009-2012)
People with Medicare: 0

Of course, this is not the first year that Congress and the president have handed victories to special interests at the expense of the health care of the American people. It took 20 years, from President Truman’s 1945 introduction of a plan to provide universal health care coverage to President Johnson signing the Medicare bill in 1965, for older adults to receive guaranteed health coverage under Medicare. It took another seven years, until 1972, for Medicare to cover people with disabilities (and they still have to wait two years for their coverage to begin).

Still, the American people placed a lot of hope that the slate of lawmakers elected in 2006 would help stem the ever rising cost of health care and the ever expanding ranks of the uninsured. It’s clear that the team has a few holes in it. We need more legislators in both chambers of Congress (including 60 senators) and a president who are all committed to addressing the health care crisis in this country and willing to stand up to the insurance industry, the pharmaceutical manufacturers and any other lobby that puts its self-interest above the health care of Americans.

With a team like that, we can protect and improve Medicare and extend it so that every person in this county, young or old, can receive the health care he or she needs. Next year, we get to elect the players to that team and get rid of the bums that let us down this year. We need to make sure all the candidates know we are taking our responsibility seriously.
(thax medicarerights)

********************************************************
Sp-Ed - GIFTED: 1 IN 5 MAY BE A US DROPOUT
********************************************************
Gifted: 1 in 5 May Be a US Dropout
Are these students merely bored and frustrated? Why are so many gifted students earning poor grades? Do they lack the strategies to 'stick with it'? Regardless, it's clear that...read more

Learning Over the Holidays
Keeping struggling students learning over the holidays is important to ensure that nothing is lost upon school return. Remember to try and keep the learning fun and model a thirst...read more

Countdown to Positive Behavior
Keeping students on task and on track just before the holiday season is always a challenge. Try some of the suggestions and tracking sheets here to help keep behavior on...read more
(thax about.com)

********************************************************
HOW MUCH WILL MEDICARE COSTS GO UP IN 2008?
********************************************************
Dear Marci,
I am trying to organize my yearly budgeting for next year and would like to know how Medicare costs are going to change in 2008.
— William (Anapolis, MD)
---------------------
Dear William,
Every year, some Medicare costs rise, often by varying amounts. Some Medicare costs stay the same year to year. To find out how Medicare costs are changing next year, look at the following charts on Medicare Interactive.

To find out what Medicare hospital and inpatient costs will be in 2008, read this chart.
http://medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=183

To find out what costs for Medicare doctors and outpatient services will be in 2008, read this chart.
http://medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=552

To find out what Medicare drug costs will be in 2008, read this chart.
http://medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=1479

— 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 V8-#21  Wednesday, December 19, 2007 -- No Vote, No Voice!  
========================================================
OK, I thought I wouldn't need to write another newsletter this year but everyone decided there was too much important news not to share. First I'd like to thank all of you who contribute your news to the DAC newsletters. I'd also like to wish each and every one of you a Merry Christmas and a Happy New year or a Happy Holiday Season for those who celebrate otherwise. May 2008, bring better and brighter days for all of you.

LQQK
Accessible Living
Hi Keith,
I am a fan of your website and the helpful information for the disabled. My parents are getting older and having more trouble moving around, so I have been doing research about easing the burden of aging for them. I recently authored an article about remodeling bathrooms for the elderly and the disabled. The article can be viewed here: http://www.wasauna.com/handicap-bathroom.html. Thanks!

Sincerely,
Sarah Peterson
480-522-6310
www.savephoenix.org
sarahp@savephoenix.org

NEXT
FOR IMMEDIATE RELEASE

Contact: Barbara Duncan
Director of Communications
Protection & Advocacy, Inc. (CA)
Phone: (510) 267-1256
E-Mail: Barbara.Duncan@pai-ca.org

Wednesday, December 19, 2007

Contest to design new logo for disability rights organization

Protection & Advocacy, Inc., working since 1978 to advance the rights of Californians with disabilities, has decided to change its name to more accurately reflect its work. The Board of Directors has just voted to change the name to Disability Rights California, which will take effect in late 2008.

The organization is in search of a new logo that captures the spirit and diversity of the disability rights movement in 21st century California. The contest is open to all, and prizes of $1000, $750 and $500 will be awarded to the top three selections respectively. The deadline is February 29, 2008.

Executive director Catherine Blakemore said, "We are really looking forward to seeing some new ideas, especially from graphics students, artists, designers and innovators who have experience with disability." The logo will be selected by the organization's board and all decisions are final.

Details
Designs will be accepted in various formats and should be sent via email to: Cathy.Harton@pai-ca.org or by mail to Cathy Harton, Protection & Advocacy, Administrative Office, 100 Howe Ave., Suite 185-N, Sacramento, CA 95825. Finalists will have to submit a signed form with information about the designer and relinquishing rights to the design beyond the monetary prize.

National network
PAI is a member of the National Disability Rights Network (formerly the National Association of Protection and Advocacy Systems), comprised of disability rights and advocacy organizations based in the 50 states and territories. In recent years, many of the state groups have updated their names and logos, and a list can be found on the web: www.ndrn.org.

Contacts:
Barbara.Duncan@pai-ca.org
Erin.Katayama@pai-ca.org

SUICIDE
Suspected Army suicides set mark
Rate is highest since first tracked in 1980
By Gregg Zoroya, page 1A
WASHINGTON — A record number of soldiers — 109 — have killed themselves this year, according to Army statistics showing confirmed or suspected suicides.
Read more: http://www.usatoday.com/advertising/orbitz/orbitz-window-unldPop.htm

AND
Heart Disease in Women
Heart Attack Symptoms in Women -- Are They Different?
http://www.nih.gov/news/pr/dec2007/nhlbi-10.htm
National Heart, Lung, and Blood Institute

Muscular Dystrophy
Genetics Home Reference: Duchenne and Becker muscular dystrophy
http://ghr.nlm.nih.gov/condition=duchenneandbeckermusculardystrophy
National Library of Medicine

Genetic Test Recommended for Patients with Asian Ancestry Taking Carbamazepine
Manufacturers of drugs containing the active ingredient carbamazepine have agreed to add to labeling a recommendation that patients with Asian ancestry, before starting therapy with the drugs, get a genetic blood test that can identify a significantly increased risk of developing a rare, but serious, skin reaction. Carbamazepine is used to treat epilepsy, bipolar disorder, and neuropathic pain. It is sold under the brand names Carbatrol, Equetro and Tegretol.
http://www.fda.gov/bbs/topics/NEWS/2007/NEW01755.html

NEXT
more toys added!
Keith,
Hi, I just wanted to let you know that some new toys have been tested for toxic chemicals and added to the database that we told about last Saturday. You can search for a particular toy from your cell phone by texting "healthytoys [toy name]" to 41411. Or, you can search the full test results online at HealthyToys.org. Details below. And to make sure we don't have a repeat of this crisis next year, be sure to sign our No Toxic Toys petition. Please share widely. Happy and safe holidays,-- Kristin-
Kristin Rowe-Finkbeiner, MomsRising.org

NEXT
The Auburn School
Dear Friends and Colleagues, I’m very excited to announce that The Auburn School will be opening in Northern Virginia for the 2008-09 school year!  Please consider Auburn for any of your students who have been searching for a small, nurturing school environment with support services in Northern Virginia.
Visit the website at  www.theauburnschool.org  or contact:
admissions@theauburnschool.org

NEXT FROM DOJ
COMPREHENSIVE EMPLOYMENT ARTICLE REVISED AND READY FOR DISTRIBUTION
dojollie or: http://members.aol.com/dac4va/dojollie.htm

JUSTICE DEPARTMENT SUES CITY OF COLORADO SPRINGS
POLICE DEPARTMENT FOR RETALIATORY NON-PROMOTION OF OFFICER

WASHINGTON - The Justice Department filed a lawsuit yesterday alleging that the City of Colorado Springs Police Department refused to promote Officer Lance Lazoff to sergeant in retaliation for his association with and assistance to his wife who was the lead plaintiff in a successful class action lawsuit against the police department under the Americans with Disabilities Act (ADA). 

According to the government's suit, filed in federal district court in Denver, Lazoff serves on the Police Department's Tactical Enforcement Unit (S.W.A.T. team), teaches S.W.A.T. tactics nationally, and has had numerous commendations.  Lazoff applied for promotion nine months after the settlement involving his wife, Sandy, who successfully challenged the police department's policy of involuntarily retiring police officers with disabilities.  Lazoff publicly supported and assisted his wife's efforts.  Although the former police chief claimed to have legitimate reasons for refusing to promote Lazoff, the government's complaint alleges that the real reason was to punish Lazoff for activity that is protected under the ADA.

"The anti-retaliation provisions of our civil rights laws are vital to their efficacy," said Grace Chung Becker, Acting Assistant Attorney General for the Justice Department's Civil Rights Division. "If employers can exact retribution for an individual's assertion of his or her federal rights, or the rights of a spouse, then those rights become illusory."

The United States' suit - brought under the ADA - seeks a court order requiring the Police Department to offer Lazoff a promotion to sergeant, together with other make-whole relief including the payment of back pay with interest, and related benefits.

More information about the ADA can be obtained on the Department of Justice's ADA home page at http://www.ada.gov. Information about the ADA is also available on the Department's toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).

07-985

Olegario D. Cantos VII, Esq.
Special Counsel to the Acting Assistant Attorney General
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Room 5539
Washington, DC   20530
(202) 514-8191 (Voice)
(202) 514-0716 (TTY)
(202) 307-2839 (Fax)
Ollie.Cantos@usdoj.gov

NEXT
[News from ADA-Ohio] audio session 1/15 - Best Practices in Design
Please note:  Registration is required so that adequate space for participants can be arranged.  Please do not just show up for this session.  NOTE BELOW NEW FREE SITE AVAILABLE IN TOLEDO, OHIO.

If you live outside Columbus, OH, anywhere in the U.S., please see the last paragraph of this message for information on how to access the following ADA audio conference series session within your area of the country.  The session will be held on Tuesday, January 15, 2008, 2-3:30 P.M., ET, (earlier time of day, depending on time zone) and will be presented by the DBTAC - Great Lakes ADA Center in Chicago, IL, via speaker phone. 

January 15th, 2008 » Best Practices in Design: Balancing local, State and Federal Requirements to Ensure Accessibility
What is best practice when it comes to designing accessible environments? Is compliance with local, state and federal building codes/standards enough? Architects and designers are faced with a myriad of rules and regulations governing accessible design which may require their professional judgment to determine which provides greater access. Join our panel of speakers as they discuss and debate this issue and engage in a dialogue about achieving minimal compliance versus designing accessible and useable environments.

Speakers:
Jack Catlin, AIA, LCM Architects
Doug Anderson, LCM Architects
John Wodatch, Chief, Disability Rights Section, U.S. Department of Justice
Joe Russo, Deputy Commissioner, Chicago Mayor's Office for People with Disabilities

Time:
2:00-3:30 P.M., ET

The cost for the session is $25 for nonprofits and $40 for other entities for each location, regardless of the number of participants at each location (multiple people can attend at one location for the same flat fee).  There is no charge to participants who come to the following locations in Ohio:  Ohio Rehabilitation Services Commission in Columbus, OH; Ability Center in Toledo, OH; Linking Employment, Ability & Potential (LEAP) in Cleveland, OH; and Southeastern Ohio Center for Independent Living (SOCIL) in Lancaster, OH.  There may be other free locations in the US - please contact Great Lakes at adagreatlakes.org for those locations.

Sessions are 90 minutes in length and delivered via audio conference. Participants are in a "listen-only" mode until the question and answer period.  The sessions are offered real-time captioned on the Internet, and a transcript is developed and posted to the Internet following the session.  In addition, a digital recording of the session is archived on the DBTAC - Great Lakes ADA Center web site at adagreatlakes.org.

If you wish to come for no charge to RSC in Columbus, OH, please let us know by January 8 by sending an email to adaohio@aol.com  Registration is required to attend the session.  Please provide your name, organization, address, email address, and telephone number.  Please do not send a check to ADA-OHIO.  If you wish to come for no charge to The Ability Center of Greater Toledo, OH, please call 419-885-5733.  If you wish to come for no charge to LEAP in Cleveland, OH, please call 216-696-2716, ext. 129, for more information.  If you wish to come for no charge to SOCIL in Lancaster, OH, please call 740-689-1494 for more information.  If you wish to attend elsewhere, please go to web site ada-audio.org to register. 

AND
ACT Memo: State of Washington Is Violating Human Rights
State of Washington Is Violating Human Rights
     
What? Washington State is taking students with disabilities out of public schools? Yup. Is the state really putting them in classes held in institutions? Yup. But wasn’t Washington the first state (1972) to require public schools to educate special-needs students just like any other students? Yup. Isn’t this a giant step back to the ’50s? Yup. Isn’t this illegal? Yup.

Can’t self-advocates do something about it?

Yup! Write letters to the state’s governor.

Where do I send the letter?
Two places:

Governor Chris Gregoire
Office of the Governor
PO Box 40002
Olympia, WA 98504-0002

Terry Bergeson, Superintendent
Office of the Superintendent of Public Instruction
PO Box 47200
Olympia, WA 98504-7200

DONE
FAST FACT
Twenty percent of American adults were unable to receive necessary medical care or medications in the past year due to cost, according to a recent study by the Centers for Disease Control (“Nearly One in Five Americans Say They Can’t Afford Needed Health Care,” Centers for Disease Control, December 3, 2007).


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

Keith-

========================================================
1. WAITING THE REST OF YOUR LIFE FOR HELP
2. STUDENTS SHOCKED IN PRANK
3. FEDS POST LIST OF WORST NURSING HOMES
4. DECLINING QUALITY OF CARE
5. SpEd- SURFING ABOUT - CHRISTMAS WORKSHEETS - ASPERGER'S
========================================================
********************************************************
WAITING THE REST OF YOUR LIFE FOR HELP
********************************************************  
Waiting the rest of your life for help
Sunday, December 02, 2007
The Oregonian

You have a good job, you're buying your own home, you've accumulated a life savings for retirement or to pay for the kids' college educations.

And then you get sick. Really sick.

So sick you can't work anymore. Maybe you have a terminal diagnosis. Maybe, like a man I wrote about two weeks ago, you need a heart transplant and can barely climb a flight of stairs.

You apply for Social Security disability. It's not a handout; you're asking for your own money -- money you've been contributing with every paycheck you received, through the FICA tax that's been withheld.

And you get denied.

What? You're too sick to work, and you're denied disability payments?

That's what happens to 69.6 percent of the people in Oregon who apply for Social Security disability. They're denied the first time they apply.

So they make a "reconsideration request." And in Oregon, 90.3 percent of those people are denied.

The next step is to ask for a hearing. And the average wait in Portland for a Social Security disability hearing?

It's 668 days.

That's right, if you live in the Portland area and are legitimately too sick to work, you could wait almost two years for a hearing to persuade a judge you're actually sick enough to receive the money you've been giving the government all these years, to cover you in case of disability.

"It doesn't matter if you have ovarian cancer, HIV/AIDS" or need a heart transplant, says Tim M. Tim is an AIDS patient who went through a two-year process of trying to get SSI disability payments -- twice -- before receiving benefits. Tim has asked that his last name not be printed because of societal prejudice against AIDS patients.

"Social Security is like peeling back an onion," he says. "At any point in the process, from start to finish, you see layer after layer after layer of bureaucracy."

Tim finally was able to secure benefits with the help of a local attorney, Sarah Patterson. Sarah has assisted HIV/AIDS patients with Social Security disability requests for 25 years, "and I've never seen it as draconian as it is now," she says. "The bottom line is people are waiting two to three years for a hearing. My clients keep asking, 'What do they expect people to do?' I wish I had an answer."

Her clients are not the HIV/AIDS patients on medication who are doing well. They are "very, very sick people," she says.

This is not a story about evil civil servants working for evil managers in an evil governmental agency.

It's a story about what happens when Social Security got its funding cut for more than a decade, as its workload doubled.

The people working at the local Social Security offices, both attorneys and patients agree, "are just doing the best they can with diminishing resources and increasing applications," Sarah says. " 'Heroic' is a good word" for what local Social Security workers are trying to do.

"I don't think they're bad people," Tim says. "My personal belief is they're overwhelmed."

That doesn't mean the waits are justified or the consequences aren't tragic.

In a single year, says Portland attorney Richard Sly, 15 of his clients died waiting for a hearing after their applications for SSI disability had been twice rejected.

In other words, they were sick enough to die but not sick enough to get SSI.

Because they can't work, many sick people's lives are devastated while they wait for their appeal hearings. "I've had clients so sick they can't work, so they live in their cars, their trucks, old RVs," Richard says.

"Many people become homeless during the wait," says Mellani Calvin. Mellani assists clients of Central City Concern with the application process. "They exhaust all their resources and end up moving in with relatives or couch-surfing at friends', living on the street or moving into shelters."

Tim has gone through the process. "You're ill, your medications cost $20,000 a year, you're not able to work. Slowly you start to sell off things that are valuable to generate income. Then you lose housing. I lived in my truck with my dog for a year and a half. That was when I met Sarah. The first time I applied for disability I did it on my own, which was a big mistake. Two years wasted."

"I have one gal, over 60, who became disabled," Richard says. "She's on the streets. Here's a woman who's been middle class all her life. Now she's forced to be out there where it is frighteningly dangerous, to a woman in particular, an older woman even more."

It's even worse for people who start out homeless, like most of her clients, says Mellani. They can't afford doctor visits, so they can't document their diagnoses.

Applicants who have lawyers are much more successful in their attempts to get disability. "It's pathetic," Sarah says. In other "civilized" countries, "like South Africa, Australia, U.K. or Canada," she says, people do not have to wait to get benefits the way Americans do.

When applicants finally do get hearings, the majority are granted benefits. Why are so many rejected at first? No one can explain.

But everyone agrees the wait for hearings is way too long. "We recognize we have problems and the length of the wait is not acceptable," says Randy Crockett, district manager of the Portland downtown Social Security office.

"For the last 12 years Social Security has not gotten the funding it's requested," explains Joy Chang, regional communications director for Social Security. "It means we're over a billion dollars short over the last 10 years."

Today the agency is "at our lowest staffing levels since 1972 . . . and the number of people we serve has doubled."

Congress recently passed a budget with funds to hire more hearings judges and staff; it was vetoed by President Bush. A new bill is now being prepared.

Even if the agency gets adequate funding, "it still will take a while. Judges (and support staff) need to be trained," Joy says. It takes a year to train a new judge.

Until new judges are brought on board, more people will die waiting for benefits to which they are legitimately entitled. Mellani, and Sarah and Richard, will see clients die, waiting for hearings. "Such inhuman delays," Sarah says, "for such a very human dilemma."

Margie Boule: 503-221-8450; marboule@aol.com
(thax S.W.)

********************************************************
STUDENTS SHOCKED IN PRANK
********************************************************
NEW JERSEY HAS 3 STUDENTS AT THIS FACILITY ...

Students shocked in prank

"I'm just appalled", said D.C. Council Member Mary Cheh, D-Ward 3. “I just don’t understand how we can let our children be there. Obviously, they need to be rescued.”

Bill Myers, The Examiner
2007-12-14 08:00:00.0

WASHINGTON -
Three students at a controversial Massachusetts clinic where D.C. special education students have been farmed out for years were mistakenly subjected to electric shock treatments as part of a prank, The Examiner has learned.

The episode is part of a state criminal investigation focused on the Judge Rotenberg Center, said officials close to the case. Nine D.C. students are housed at the clinic, to the distress of some city officials.

“I’m just appalled,” said D.C. Council Member Mary Cheh, D-Ward 3. “I just don’t understand how we can let our children be there. Obviously, they need to be rescued.

“I feel like driving up there myself,” Cheh added.

The Massachusetts investigation began in late August, after a student at the center called staff and pretended to be center founder Matthew Israel, investigative documents show.

The pretender told staff that he wanted the three wards, one of them a child from Virginia, hooked up to electrodes. One of the students was shocked 29 times. The other two were shocked 77 times each, documents show and sources said.

The sessions were videotaped and the videos were viewed by a state investigator, but Rotenberg officials have since destroyed the tapes, sources said.

Nancy Alterio, executive director of the Massachusetts Disabled Persons Protection, told The Examiner that her agency had investigated the claims and its report was expected within weeks.

Center spokesman Ernest Corrigan declined comment.

Rotenberg is one of hundreds of special education vendors paid hundreds of millions of dollars to look after D.C.’s most vulnerable children. It has been the subject of dozens of complaints in Massachusetts for years, from allegations of sexual abuse to assault, documents show.

The Examiner reported last week that city officials continued sending children to the center weeks after Schools Chancellor Michelle Rhee ordered Rotenberg cut off the city’s approved vendors list.

The nine children left at the center have told D.C. officials they want to come home, school documents obtained by The Examiner show, but their way is blocked by a combination of desperate parents — who believe the center is the last hope for their troubled kids — and bureaucratic incompetence.

State Superintendent Deborah A. Gist has hired a team of outside investigators to examine special education vendors, including Rotenberg.

Call Bill Myers at 202-459-4956 or send e-mail to bmyers@dcexaminer.com.
(thax R.T.)

********************************************************
FEDS POST LIST OF WORST NURSING HOMES
********************************************************
This is the December 3, 2007, issue of Elder Law FAX, a free newsletter published by the Elder Law Practice of Timothy L. Takacs

Feds Post List of Worst Nursing Homes

Last Thursday, November 29, the U. S. Centers for Medicare & Medicaid Services (CMS) released the first ranking of the nation's poor-performing nursing homes. CMS is the federal agency that administers the Medicare and Medicaid programs, including approving payments to health care facilities such as nursing homes.

"Nearly three million Americans, most of who are enrolled in Medicare or Medicaid, depend on the nation's 16,000 nursing homes at some point during each year to provide life-saving care," said CMS Acting Administrator Kerry Weems.

"Release of this national list of special focus facilities reinforces CMS' commitment to provide beneficiaries and their families the information they need when making long-term care choices."

According to CMS, release of the national list of facilities, identified as special focus facilities (SFFs), is expected to offer people who are seeking long-term health care services powerful new information when choosing nursing homes.

Calling it "yo-yo" compliance, CMS was prompted to release the list to single out facilities that were consistently providing poor quality of care, yet were periodically instituting enough improvement that they would pass one survey only to fail the next (for many of the same problems as before).

These improvements rarely addressed underlying systemic problems that were giving rise to repeated cycles of serious deficiencies.

If problems continue, the severity of penalties will increase over time, ranging from civil monetary penalties, denial of payment for new admissions and, ultimately, removal from Medicare and/or Medicaid.

The CMS policy of progressive enforcement means that any nursing home, not just those identified as an SFF, that reveals a pattern of persistent poor quality is subject to increasingly stringent enforcement action.

For example, recently a Nashville nursing home was suspended from participation in the Medicare and Medicaid programs. This facility was not one of those listed as an SFF, however.

As of October 2007, there were 128 SFFs, out of about 16,000 active nursing homes. The number of SFFs in each state varies according to the number of nursing homes in the state. These nursing homes, at the time of their selection as an SFF, had survey results that were among the poorest five or 10 percent in each state.

In Tennessee, one nursing home, in Memphis, was listed as an SFF.

In addition to consulting the CMS list of SFFs found on http://www.cms.hhs.gov/CertificationandComplianc/12_NHs.asp#TopOfPage, CMS recommends that individuals and their families looking for a nursing home should take other steps including:

* Visit the nursing home.  Talk to staff, residents, and other families.  Request to see the results from the last state or CMS survey.
* Prior to a visit, review the survey history of the nursing home on Nursing Home Compare to better understand any areas that may be problematic. 
* Ask the nursing home staff what they are doing to improve the quality of care for residents in the nursing home.
* Call the state survey agency to learn more about the nursing home.  If the facility is in the special focus initiative, find out how long it has participated. Facilities in the program for 18-24 months are either close to "graduating" because of significant improvements to care, or ending their participation in Medicare and Medicaid.
* Call your local state nursing home ombudsman, Administration on Aging, and local groups to learn more about the nursing home.
* Use the Nursing Home Brochure, located at  http://www.medicare.gov/Publications/Pubs/pdf/nursinghome.pdf and "Guide to Choosing a Nursing Home" http://www.medicare.gov/Publications/Pubs/pdf/02174.pdf - both publications are available on Nursing Home Compare.
  
Elder Law Practice of Timothy L. Takacs
201 Walton Ferry Road, Hendersonville, TN 37075 · (615) 824-2571
1680 S. Jefferson, Suite A-B, Cookeville, TN 38506 · (931) 526-3828
www.tn-elderlaw.com

********************************************************
DECLINING QUALITY OF CARE
********************************************************
Declining Quality of Care

November 15, 2007 • Volume 7, Issue 45

Since 2003, payments to Medicare private health plans have more than doubled and now top $60 billion per year. The increased funding has boosted insurance company profits and enticed more companies into the Medicare program, but what has it meant for the quality of health care received by older adults and people with disabilities who sign up for these plans?

It has gotten worse.

That sums up the findings of research presented last week to the Medicare Payment Advisory Commission (MedPAC), a nonpartisan expert commission that advises Congress on Medicare issues.

Compared to the period preceding the rapid rise in plan payments (2001-2003), more Medicare private health plans now have enrollees who experienced a sharper decline in health than is expected for people at their age and with the illnesses they have. The period of escalating plan payments (2004-2006) has also been accompanied by a sharp decline in the number of plans that have enrollees whose physical health was better than expected over this time period.

“I fear we are going backwards,” MedPAC Chairman Glenn Hackbarth concluded.

The response of the insurance industry's spokesman was to suggest that Original Medicare performs even worse than the private plans—a claim that is not supported by any data. At any rate, “What about the other guy?” is not much of a defense for the extra $8 billion a year the private plans are getting above the cost of caring for people in Original Medicare.

Private plans were brought into Medicare on the promise that they would be less expensive—that has proven false—and that they would manage care and could thus deliver higher quality care to their members. Now, it seems, that promise is equally false. Every justification put forward for overpayments to the insurance middlemen in Medicare evaporates upon closer inspection.

The potential savings from pegging plan payments to costs under Original Medicare—$54 billion over the next five years—could be better used to improve Medicare coverage of mental health and preventive services, and to make coverage more affordable for low-income people with Medicare.

Urge your senator to support a level playing field between Original Medicare and Medicare private health plans.
(thax medicarerights)

********************************************************
SpEd- SURFING ABOUT - CHRISTMAS WORKSHEETS - ASPERGER'S
********************************************************
Surfing About - A Great Pitstop!
Although I write articles for special education, I also find myself browsing the About network for many of my own personal needs for information, I'm always able to find exactly...read more

Christmas Worksheets
Why not motivate learning with some Christmas graphic organizers and writing ideas? Remember, when selecting worksheets, make sure they have a purpose and that they're not just busy work....read more

Model with Asperger's in the Top Five for Amerca's Next Top Model
Although now eliminated, Heather Kuzmich who has Asperger's syndrome, was among the final five competitors on 'America's Next Top Model'. From Heather: "I wanted to prove that I could do...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 V8-#20  Monday, December 10, 2007 -- No Vote, No Voice!  
========================================================
I've gotten a few complaints that I write news only for the state I live in, Virginia. Well, that may be somewhat true on the intro news but that's because not all those that supply me information have been very busy doing so lately, so I post what I have. But if you read my letters carefully you'll see that the bulk stories are nationwide. If you've got news, events or promotions from other states you'd like to read in my lead off position, just send them in. I'm not cutting you out, but, I'm not psychic either:) I send out almost everything that I receive with the space I have available. There you go, no more complaints....... kk-

On a side note: In our first 3 stories Steve Gold asks about how your state is doing since Olmstead among other great issues. Let me state that Virginia has been working vigorously getting grants, and everything else ready to start getting more folks out of Nursing Homes and other Institutions. In May 2008, we will begin on a 4 year journey of getting 1,048 people back into the community under Consumer Directed Care. Virginia will not stop in 4 years as they are looking ahead until everyone who wishes to live in the most integrated setting possible has a chance and choice to do so. You have many dedicated people working to see that the transitions work seamlessly. DAC congratulates all the folks working on this initiative and I will report more as these transitions go along.... kk-

OH NO !!!!!!!!!!!!!!!!!   (I'm sure this effects all of you:)
Maximum Taxable Social Security Earnings

· Tax Year 2007 earnings are $97,500  
· Tax Year 2008 earnings are $102,000  

For additional tax year 2007 and 2008 earnings information, visit www.ssa.gov/pressoffice/factsheets/colafacts2008.htm.    
  
NEXT  -> (I thought they were talking about my bro-in-law after Thanksgiving:)
Potbelly's to make restaurants accessible to wheelchair users

CHICAGO (AP) -- Potbelly Sandwich Works has settled a lawsuit by agreeing to make all of its restaurants accessible to wheelchairs, one of the plaintiffs said Wednesday.
  The Washington-based Equal Rights Center said it, along with customer Rosemary Ciotti, had filed a lawsuit against the restaurant, claiming wheelchair users could not access ordering stations and tables.
  Potbelly Sandwich Works has agreed to make all ordering stations accessible, have at least 5 percent of seating accessible and survey restaurants for any other barriers to people with disabilities, the Equal Rights Center said in a release. The company also will make a donation of an undisclosed amount to the Equal Rights Center, the group said.
  Chicago-based Potbelly Sandwich Works did not immediately return a telephone call Wednesday from The Associated Press.
  "We appreciate that Potbelly will make their ordering stations more accessible," Ciotti said in the release. "I think it will certainly make people with disabilities feel more welcomed in the restaurant, and I hope that other restaurants will follow Potbelly's example."

NEXT
FLORIDA TODAY EDITORIAL
Our Views
Costly, senseless, cruel
Florida needs a much better system for treating its mentally ill citizens

Jails and prisons being used as psychiatric ware­houses.

That’s how a report re­leased by Florida Supreme Court Chief Justice Fred Lewis and Gov. Charlie Crist describes Florida’s jails and prisons, where as many as 125,000 people with mental illnesses in need of treatment get housed each year. Most state mental institutions were closed in the 1960s and 70s — suppos­edly a transition to more humane, community-based care.
   But funding for local mental health services never materialized.
  Since then Sunshine State jails have become de facto mental institu­tions, says the report.
   That includes the Brevard County jail in Sharpes, where about 20 per­cent of 1,830 inmates have some form of mental illness, ranging from minor to acute, according to Lt. Darrell Hibbs of the Brevard County Sheriff’s Office.

   Roughly 400 jail inmates go through mental health screening each month, showing why a new medical and mental health annex is so direly needed.

NEXT
Social Security Disability Cases Last Longer as Backlog Rises
By ERIK ECKHOLM
More people have lost their homes, gone bankrupt or even died while awaiting an appeals hearing on their Social Security disability claims, lawyers say.
Read more: http://www.nytimes.com/2007/12/10/us/10disability.html?ex=1197954000&en=743489e83fe4a955&ei=5070&emc=eta1

NEXT
Multiple Perspectives Conference April 23 & 23
The Eighth Annual Multiple Perspectives on Access, Inclusion & Disability: Looking Back & Thinking Ahead
April 22 and 23, 2008
Blackwell Hotel Conference Center; The Ohio State University

More details on the program & on-line registration will be available soon. Please check our website at: http://ada.osu.edu for the most recent information.

NEXT
Return on Investment Evidence Base: 
Identifying Quality Improvement Strategies with Cost-Saving Potential

The need to demonstrate return on investment, ROI, is an ongoing challenge for states and health plans that are seeking greater value for dollars spent on health care.  The ROI Evidence Base, a new tool from the Center for Health Care Strategies (CHCS), was developed to help Medicaid stakeholders identify quality improvement strategies with the potential to both improve outcomes and reduce health care costs.
Read More: http://www.chcs.org/publications3960/publications_show.htm?doc_id=576275

NEXT
SMART December newsletter
http://www.smartoneinc.net/newsletter/Smart_One_Newsletter_December_2007.pdf

NEXT
Back Pain
Back Supports to Prevent Back Pain in Home Care Workers with Previous Low Back Pain
http://www.annals.org/cgi/content/full/147/10/I-54
American College of Physicians

Child Development
Mastery of Early Math and Reading Skills by Kindergarten Linked to Better School Performance Later
http://kidshealth.org/research/school_readiness.html
Nemours Foundation

Depression
Depression Linked to Bone-Thinning in Premenopausal Women
http://www.nih.gov/news/pr/nov2007/nimh-26.htm
National Institute of Mental Health

Head and Brain Malformations
Genetics Home Reference: Amish lethal microcephaly
http://ghr.nlm.nih.gov/condition=amishlethalmicrocephaly
National Library of Medicine

Seniors' Health
Training Guide Helps Older Adults Find Health Information Online
http://www.nih.gov/news/pr/nov2007/nlm-27.htm
National Institute on Aging

Diabetes
People with Diabetes and Sickle Cell Trait Should Have Reliable A1C Test
http://www.nih.gov/news/pr/nov2007/niddk-28.htm
National Institute of Diabetes and Digestive and Kidney Diseases

Germs and Hygiene
Wash Your Hands
http://www.cdc.gov/Features/HandWashing/
Centers for Disease Control and Prevention

Health Insurance
Nearly One in Five Americans Say They Can't Afford Needed Health Care
http://www.cdc.gov/od/oc/media/pressrel/2007/r071203.htm
Centers for Disease Control and Prevention

Teen Mental Health
Kids with Healthy Self-Esteem Less Materialistic
http://kidshealth.org/research/materialism.html
Nemours Foundation

Teen Violence
New Technology and Youth Violence
http://www.cdc.gov/Features/ElectronicAggression/
Centers for Disease Control and Prevention

AND
Supreme Court will hear Wal-Mart disability suit
Court To Rule On Wal-Mart Transfer Of Worker with Disabilities

By Mark H. Anderson, Dow Jones Newswires
WASHINGTON - In a case involving Wal-Mart Stores Inc. (WMT), the U.S. Supreme Court Friday said it will determine if a disabled employee, under federal disabilities law, gets preference over other employees for a vacant position even if they aren't the best qualified for the job.

The Wal-Mart case involves Pam Huber, a Wal-Mart warehouse worker in Clarksville, Ark., who injured her right arm and hand on the job. Huber worked as an order filler, a warehouse floor job pulling products from storage shelves, and requested a transfer to an open position as a router, a desk job.

Wal-Mart gave the position to a colleague with more seniority than Huber, however, and offered her a position at another company facility making significantly less money, court documents said.

Huber accepted the lesser-paying job and sued. A U.S. District Court ruled in favor of her. The 8th U.S. Circuit Court of Appeals in St. Louis in May 2007 reversed that holding and ruled for Wal-Mart.

Attorneys for Huber, in the high court appeal, said Equal Employment Opportunity Commission rules require employers to favor disabled employees under the Americans With Disabilities Act, a federal law on the rights of the disabled. "The Eighth Circuit not only disregarded the statutory text but also entirely ignored the EEOC's interpretation," the attorneys said, adding the ruling deepened a split on the issue in the federal appeals court circuits.

Wal-Mart, in court documents, said Huber's transfer was handled under standard company transfer policies where "vacant positions go to the most qualified applicant" and "Huber's disability had nothing to do with this decision."

Justice Stephen Breyer, who reported holding Wal-Mart stock in his most recent financial disclosure, recused himself from the case, opening the appeal up to a possible 4-4 tie.

The case is Huber v. Wal-Mart Stores, 07-480. Oral arguments will be held in the spring of 2008 and a decision is expected before July 2008.

ADA Watch is a project of the National Coalition for Disability Rights (NCDR), and alliance of hundreds of national, state and local disability, civil rights and social justice organizations united to defend and strengthen the civil rights of children and adults with physical, mental, cognitive, sensory and developmental disabilities.

FINALLY
If I don't get anymore letters out before Christmas I'd like to wish you all a Happy Holiday Season and thank those of you who supply me with news. In these difficult times when folks are losing homes and others go off on senseless shooting sprees it just helps to have my sources that may hopefully provide the help for whoever may need the news associated with these letters. Remember, nothing is as hopeless as it might seem at times and there are people who can help or volunteer to help those in need. Please seek the help if you need it and please help those who seek your help. One day it'll all work out. Happy Holidays to everyone:)


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

Keith-

========================================================
1. MORE ON MR/DD & NURSING FACILITIES
2. 2006 DATA FOR ILCs & RELOCATING PEOPLE FROM NURSING HOMES
3. PROGRESS SINCE OLMSTEAD - HOW IS YOUR STATE DOING?
4. THE FIX WE'RE IN
5. Christmas WORKSHEETS - MODEL w ASPERGERS - FREE AUDIO BOOKS
========================================================
********************************************************
MORE ON MR/DD & NURSING FACILITIES
********************************************************  
More on MR/DD and Nursing Facilities.  Information Bulletin # 229 (11/07)

In July 2007, we wrote "Isn't Twenty Years Enough Time - MR/DD and Nursing Facilities?" [See Information Bulletin #219].  We pointed out that in 2007 there were about 33,000 people with a MR/DD diagnosis who resided in nursing facilities.  We reviewed Congress' mandates in the 1987 Medicaid Nursing Home Reform Act, including the requirements to identify and provide specialized services for these 33,000 people.

We also broke down the 33,000 and provided by State the number of persons who have a MR/DD diagnosis, but were nevertheless in a nursing facility.

When "Twenty Years" was written, we were not aware that the Office of Inspector General, in the United States Department of Health and Human Services had recently issued a report entitled "Preadmission Screening and Resident Review for Younger Nursing Facility Residents with Mental Retardation." [#OEI-07-05-00230]

The OIG noted that Congress in 1987 had "mandated preadmission screening for individuals suspected of having ... mental retardation to ensure that:
(1) nursing facilities admit only individuals needing nursing facility care, (2) these individuals' needs for specialized services are determined, and (3) these individuals obtain the services identified though the preadmission screening. The PASSRR is the primary mechanism used to meet these objectives."

The "intent of the PASRR is to ensure that individuals with mental retardation are appropriately screened, thoroughly evaluated, and placed in nursing facilities when appropriate, and that they receive all necessary services" for their Mental Retardation.

The OIG's findings are devastating.

First, even though everyone who applies to a Medicaid nursing facility is supposed to receive a "Level I PASRR screen to identify suspected mental retardation," far from everyone received a Level I screen and, of those people who did receive a screen, "one fourth were not completed ... prior to or on the date of admission."  Of those done late, on average they were completed 40 days after the resident was admitted.

So much for diverting people with MR/DD from inappropriate institutionalization!

Second, more than half the persons "suspected" of having mental retardation did not have either a Level II evaluation or Level II determination.  It's at the Level II evaluation stage that suspected MR/DD is confirmed and a determination made whether the applicant requires specialized services and requires nursing facility services.

One state had no Level II evaluations.  Of the half where a Level II was completed, many were not completed prior to or on the date of admission.

So much for States "determining whether an individual with mental retardation requires a nursing facility level of services and whether specialized services are needed."

Third, despite the OIG's recognition that the Supreme Court in Olmstead held that "the treatment, services and habilitation for a person with developmental disabilities ... should be provided in the setting that is least restrictive of the person's personal liberty'," nearly a quarter of the Level II evaluations contained no "evidence that the evaluator assessed whether the individual's total needs could be met in a community setting."

So much for the Olmstead decision providing protections for unnecessary institutionalization.

If the Level II evaluations had been done correctly, OIG noted that Medicaid's waiver program services should have been considered as appropriate placement!!!!

Since every State has a MR/DD Medicaid waiver program, which serves the mirror image of the 33,000 people with MR/DD in nursing facilities, why are these people still inappropriately in nursing facilities?

OIG stated that "If an individual's needs can be met in the community, then nursing facility services are not needed"!!!!!  While that is not rocket science and something disability advocates have been stating for the last nine years, at least, it's still great that OIG stated it.

Is there any State where disability advocates think that their folks'
(with MR/DD in a nursing facility) needs cannot be met in the community? That nursing facilities are needed for them?

Fourth, OIG stated there was at most limited oversight of preadmission screening processes at both the Federal and State levels. Only one of the States which OIG evaluated "reported specific oversight practices aimed at ensuring compliance with PASRR."

So the States are not in compliance with federal regulations for having a tracking system. But it's not just the States.  CMS, the federal funding agency, also does not conduct reviews of the States' PASRR compliance.

So obviously the States know they can get away with violating Olmstead, the Medicaid Nursing Home Reform Act, and mandatory federal regulations.  No consequences. Great scam!  Only people with disabilities get injured.

Most of the OIG's recommendations were quite lite, e.g., "CMS hold State Medicaid agencies accountable for ensuring compliance with Federal requirements."

Wow, that's a novel suggestion.

However, there was one OIG recommendation that disability advocates should use in your State.  OIG recommended that "CMS hold States accountable for considering community placements during the Level II PASRR process."  If that were really done, we would not have 33,000 people with MR/DD in nursing facilities.

Let's try to give some teeth to this last OIG recommendation. Disability advocates could file administrative complaints against both your State and CMS for violating Section 504 and the ADA, if they do not appropriately consider community placements.  You could file litigation because the people in your State in nursing facilities could and should be in the community.

We all know that nursing facilities do not and cannot provide "habilitation" services that persons with MR/DD need.  It's really an outrage that there is anyone with a MR/DD diagnosis still in a nursing facility.  They should all be in a waiver program in the community!

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.

********************************************************
2006 DATA FOR ILCs & RELOCATING PEOPLE FROM NURSING HOMES
********************************************************
2006 Data for ILCs and Relocating People From Nursing Homes. Information Bulletin # 230 (12/07)

Earlier this year, we provided a breakdown by Independent Living Centers of the number of persons in 2005 that each center successfully relocated from nursing homes.  We also provided national data for 2004.

Some ILCs questioned the accuracy of the data and RSA's reporting process. Some were upset that we published the name of their ILC with the low numbers.  Some thought that the ILC movement should not publicly provide the data.  Please be very assured that my purpose of providing such data is to push a debate - not editorialize nor imply opinions - regarding the role of ICLs, and to move beyond whether we should be getting people out of nursing homes.

To recap, in 2004, there were 2,864 people ILCs reported to RSA, the federal funding agency, who were "successfully relocated" from a nursing facility to the community.  In 2005, there were 2,867.

Pursuant to the Freedom of Information Act, we obtained RSA data for 2006. Even though we have this information by state and by ILC, we decided to summarize the data, instead of providing it by ILC.

These results are for only federally-funded ILCs as they reported the information to RSA.

The national total for 2006 was 2,631 people whom federally-funded ILCs relocated from nursing homes.

RSA had requested each ILC to set a goal of the number of people the ILC hoped/planned/set as a goal to relocate from the nursing homes.  It also requested the actual number that the ILC relocated.

These 2,631 people represent 54% of the total number (i.e., 4,894) that the 354 federally-funded ILCs had hoped to relocate and had set as their goal.  Here are the results.

17% of the ILCs had set a goal of relocating zero nursing home residents.
18% had set a goal of relocating one or two nursing home residents. 18% had set a goal of three to five. 10% had set a goal of six to nine. 18% had set a goal of ten to twenty. 19% had set a goal of twenty-one or more relocations.

If these goals had been met, then the ILCs would have relocated 4,894 people from nursing homes.

The actual accomplishments show that:

21.5% of the ILCs each relocated zero nursing home residents.
23.6% of the ILCs  relocated one or two nursing home residents.
15.7% relocated three to five nursing home residents.
17.5% relocated six to nine residents.
11.5% relocated ten to twenty residents.
10% relocated more than 21 nursing home residents.

The ILCs in 2006 relocated a total of 2,631 people from nursing facilities.

These percentages present a number of questions:

1.  Is there a correlation between the size of the ILCs and either the goals or their actual accomplishments?  A correlation between amount of ILCs budgets and accomplishments?

2. Are ILCs who relocate more people making this a budget priority regardless of size of budget? Making this a primary service and providing the "core"  required service to this population?

3. What is the relationship between a State's Medicaid "targeted case management" funds and the ILCs?  Do ILCs contract with the Medicaid office who receive and use these funds relocate more people than ILCs that do not?

4.  Is "success" even related to the numbers?  Is it fair to use data? Is it fair or reasonable to presume that ILCs should be relocating persons from nursing homes?

5.  What assistance would an ILC in your State need or want in order to increase their outreach to nursing home residents? Assistance in working with their Medicaid offices?  Increasing affordable, accessible housing in existing federally funded programs?

6. Is it unfair to focus on this issue without also providing data for ILCs regarding, e.g., assistance in finding employment or housing, or in diverting people from going into the institutions and staying out?

7.  What would it take to increase the numbers substantially?

8.  What practices are the ILCs which relocated ten or more people doing that they can share with other ILCs? What barriers have they faced? What successes did they have?  What is the forum for this dialogue to take place?

9.  Why isn't there a national focus on this? What has happened to the Rehabilitation Act making this a "core" service?

Steve Gold, The Disability Odyssey continues

********************************************************
PROGRESS SINCE OLMSTEAD - HOW IS YOUR STATE DOING?
********************************************************
Progress Since Olmstead - How Is Your State Doing? Information Bulletin # 231 (12/07).

In 1999, the U.S. Supreme Court held in the Olmstead decision that "unjustified isolation is properly regarded as discrimination based on disability."  The U.S. Attorney General concluded, as the Court noted, that unnecessary "retention of persons in institutions, severely limited their exposure to the outside community [and] constitutes a form of discrimination."

The Court wrote that "institutional placement of persons who can handle and benefit from community settings perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life."  In the decision, the Court noted that a State's efforts should "not be controlled by the State's endeavors to keep its institutions fully populated."

Okay.  So how much progress has been made in your state between the 1999 Olmstead decision and FY 2006 (the last year for which we have data) regarding people in nursing homes?

Here is what we found using Medicaid's long-term care expenditures in both 1999 and 2006 for the nursing facility institution versus the comparable Medicaid LTC community services - those Medicaid waivers for persons eligible for nursing facilities (i.e., waivers CMS classified only for aged, aged/disabled, and physically disabled), the personal care option, and home health expenditures.

1999 - Olmstead decision - the benchmark:

Nationally 80.4% of the relevant Medicaid's long-term care institutional expenditures went to nursing facilities;

13 states spent more than 90% of their Medicaid LTC expenditures institutionally on nursing facilities (D.C, HI, IL, IN, LA, MS, NH, ND, PA, RI, SD, TN, and UT) and therefore less than 10% in the community;

Only 4 states spent less than 70% on nursing facilities (AR, NC, OR, WA);  and

The median state expenditure to nursing facilities was 84.7%.  Median means half the states spent more and half less on nursing facilities.

FY 2006 - Seven years later - how much progress has been made:

Nationally, 71.4% of Medicaid's long-term care institutional expenditures went to nursing facilities.  That's a "drop" of 9 percentage points from 1999 to 2006, i.e., national Medicaid institutional expenditures for nursing homes were reduced 9 percentage points from 80.4% in 1999 to 71.4% in 2006, and therefore nationally the states spent this additional 9 percentage in the community and

The median state expenditure to nursing facilities was 78.8% - reduction of approximately only 6 percentage points from 1999.

First the worst states in 2006:

5 states were still spending more than 90% of their LTC on nursing facilities (IN, MS, ND, TN and UT), even though the national average was reduced to 71.4% in 2006, and

7 states had INCREASED the percentage they spent on institutional nursing facilities in 2006 from1999, i.e., they spent a larger percent of Medicaid's LTC expenditures on nursing homes in 2006 than they did in 1999 (AL, AR, DE, KY, MS, SC, and WV).

And now, the best states in 2006:

7 states spent less than 60% of their Medicaid LTC on nursing homes (the national average was 71.4%)(AK, CA, ID, NC, OR, TX and WA), therefore spent more than 40% in the community; and

9 states had a "drop" of more than 15 percentage points from 1999 to 2006 in institutional/nursing facility expenditures. (AK. AZ, CA, DC, ID, MN, NM, TX, WA) and therefor spent it in community.

So what's up with the rest of the States:

16 states had a "drop" of less than 5 percentage points from 1999 (AL, CN, FL, GA, IN, MD, MI, MN, NH, NJ, ND, RI, TN, UT, WI and WY).

Some questions.

Why are the disability and older American advocates in the "worst states" not outraged that seven years after Olmstead their states are doing so badly?

What are their state Protection and Advocacy lawyers doing?

What are the advocates doing in the "worst states?"  Where is the next generation of lawsuits?  Other strategies?

What about the 16 states where the "improvement" was so small - less than 5 percentage points?  Aren't there disability and older American advocates in those states who are upset with the extremely slow Olmstead progress.

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.

********************************************************
THE FIX WE'RE IN
********************************************************
The Fix We're In

December 6, 2007 Volume 7, Issue 47

On Tuesday, the Secretary of Health and Human Services Michael Leavitt warned senators drafting a Medicare bill that the president would veto any legislation that cut overpayments to Medicare private health plans, so-called “Medicare Advantage” plans.

In order to fund legislation that would avert a scheduled 10 percent cut in payment rates to doctors under Original Medicare, the Senate Finance Committee has been considering modest reductions in the excess subsidies the insurance companies receive for sponsoring Medicare Advantage plans. These companies are grossly overpaid—roughly $1,000 more per enrollee than it costs to care for the same person under Original Medicare.

That adds up to more than $54 billion over the next five years. Taking away just a fraction of those excess subsidies is the most sensible—in fact, the only fiscally responsible—way of paying to keep doctors payments steady and for other important Medicare reforms. That is why Iowa Senator Charles Grassley, the top Republican on the Finance Committee, told reporters that the veto threat showed the administration did not care whether doctors received a 10 percent pay cut next year.

Every year, for the last five years, President Bush has signed legislation that headed off a series of Medicare payment cuts to doctors scheduled to take effect under a flawed payment formula written into law. Why is it that this year the administration is raising new obstacles to passing this legislation?

Many analysts believe it is pure partisan politics: The Democrats are running Congress this year, and the administration is gambling that Congress will be held responsible for failing to prevent a Medicare cut for doctors. It looks like the president is using the same partisan play book that he used for children's health insurance legislation: Veto the bill and blame the Democrats.

If the administration succeeds with this strategy, the impact will be much greater than a shift in the polls. A 10 percent rate cut will likely make it difficult financially for many doctors to accept new Medicare patients and even to continue treating the ones they now serve. That would undermine one of the principal reasons for Medicare's popularity—a free choice of doctors. That change will push more people into Medicare private health plans that, through the privatized drug benefit, aggressive marketing and the too-often false promise of extra benefits, have already seen a surge in enrollment.

Original Medicare will start to “wither on the vine,” in the prophetic words of Republican strategist Newt Gingrich, while the ballooning payments to insurance companies push Medicare ever closer to the brink of insolvency.

Medicare is threatened with “a very clear and imminent risk from this overpayment that will put this country in an untenable position,” Glenn Hackbarth, the chairman of the nonpartisan Medicare Payment Advisory Commission, warned Congress in March.

Will Congress heed this warning? Please write to your senators and representatives and ask them to stand for older American and people with disabilities: Cut the excess subsidies Medicare pays to insurance companies and override a presidential veto if it comes.
(thax medicarerights)

********************************************************
XMAS WORKSHEETS - MODEL w ASPERGERS - FREE AUDIO BOOKS
********************************************************
Christmas Worksheets
Why not motivate learning with some Christmas graphic organizers and writing ideas? Remember, when selecting worksheets, make sure they have a purpose and that they're not just busy work....read more

Model with Asperger's in the Top Five for Amerca's Next Top Model
Although now eliminated, Heather Kuzmich who has Asperger's syndrome, was among the final five competitors on 'America's Next Top Model'. From Heather: "I wanted to prove that I could do...read more

Free Audio Books
If you want young children to become readers, it is important to instil a love of listening to good stories. If you're too busy, you may just want to take...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 V8-#19  Tuesday, November 27, 2007 -- No Vote, No Voice!  
========================================================
After reading the SCI-News this month it was very clear that the questionnaires sent to both parties of presidential candidates by ADAPT, along with many other groups, were answered only by the Democrats while the GOP simply refused to answer questions. I don't find this unusual, however, because during our last governors election only the Democrats responded to our DAC questionnaire with the exception of Republican Senator Russ Potts, who ran as an Independent. Perhaps this is a clear indication of which party will gain the White House after the 2008 elections. Republicans in Virginia should take heed, as well, because they will be fighting for the governors mansion in 2009 and there will be questions that this large minority voting group will want answers to. Warner and Kaine learned so I wonder if the future candidates from the GOP will wake up and take notice? Oh well, what's a 100,000 or so votes anyway, besides enough to get elected?:) Nationwide millions of votes are waiting to be cast for someone.  With the Republicans attitude, I don't think it will be very difficult to predict who might win those votes. Just my opinion:) ... kk-

LQQK LAST CHANCE :)
Don't forget RICHMOND WORLD OF POSSIBILITIES EXPO Join us at the Richmond International Raceway in Richmond, Virginia, December 7-8, 2007 are the biggest and best events of its kind in the region, you won't want to miss them! PLEASE START SPREADING THE WORD. Admission is only $3 per person, but you can click on http://www.caringcommunities.org for FREE PASSES and more information, or call Mona Freedman, RN at 1-866-227-4644
 
NEXT
Nursing Homes Under Congressional Microscope for Accountability
Lawmakers upset with the nursing home industry for alleged secrecy in disclosing problems that affect resident seniors are trying to force owners to be more open and accountable to the public.

Two congressional committees – the House Ways and Means Health Subcommittee and the Senate Special Committee on Aging – proposed rules to require full disclosure of nursing home ownership and more openness by regulators in releasing information on poorly managed homes. The ownership concern is driven by consolidation within the nursing home industry that has seen ownership shift to more private investment groups.

The two groups conducted separate hearings on the matter after expressing concern that quality care was declining within the US nursing home industry and that too many corners were being cut in the way care is provided for the sake of increasing corporate profits.

"Something is out of whack in this country when it’s a lot easier to find information about a washing machine than to find information about long-term-care facilities," Senator Ron Wyden of Oregon told one of the hearings. "The issue with these chains is hidden ownership."
http://www.caregivershome.com/news/article.cfm?UID=1591&TargetURL=VGFyZ2V0VVJM  CareGivers’ News, Tuesday, November 20, 2007

NEXT
Lobby Day January 25, 2008 
Dear Member of the Autism /DD Community, A Voice for GAP Kids would like to invite you to Lobby Day At the Virginia General Assembly Building Located at the
9th and Broad Street, Richmond, Virginia 23218.

On Friday, January 25, 2008
9:00 AM until about 11:00 AM

Packages for the legislators and their staff will be provided for you to deliver to all 140 legislators.

Nothing to bring but your loved one with Autism/DD and your family.

Students of all ages and self-advocates are needed to help with this important event.
Legislators and their staff enjoy having visitors for their district. If you do not know who your legislators are go to the Virginia General Assembly Website:
http://legis.state.va.us  and click on Who’s My Legislator?

For more information contact:
Tim or Linda Moore, A Voice for GAP Kids,
(804) 749-3895 or voicegapkids@yahoo.com

NEXT
Attention Deficit Hyperactivity Disorder
Brain Matures a Few Years Late in ADHD, but Follows Normal Pattern
http://www.nih.gov/news/pr/nov2007/nimh-12.htm
National Institute of Mental Health

Breast Cancer
New Drug Option for Late-Stage Breast Cancer Patients
http://www.cancer.org/docroot/NWS/content/NWS_1_1x_New_Drug_Option_for_Late-Stage_Breast_Cancer_Patients.asp
American Cancer Society

GERD
Are Too Many Babies Taking Antireflux Medications?
http://kidshealth.org/research/reflux_meds.html
Nemours Foundation

MRSA
Scientists Identify Factor Key to Severity of Community-Associated Methicillin-Resistant Staph Infections
http://www.nih.gov/news/pr/nov2007/niaid-11.htm
National Institute of Allergy and Infectious Diseases

Disabled kids abused in Serbia
http://apnews.myway.com/article/20071115/D8STQKIG0.html

African-American Health
For People of African, Mediterranean, or Southeast Asian Heritage: Important Information about Diabetes Blood Tests
http://diabetes.niddk.nih.gov/dm/pubs/traitA1C/index.htm
National Institute of Diabetes and Digestive and Kidney Diseases

FDA Adds Boxed Warning for Heart-Related Risks to Anti-Diabetes Drug Avandia
http://www.fda.gov/bbs/topics/NEWS/2007/NEW01743.html
Food and Drug Administration

Liver Cancer
FDA Approves Nexavar for Patients with Inoperable Liver Cancer
http://www.fda.gov/bbs/topics/NEWS/2007/NEW01748.html
Food and Drug Administration

Rheumatoid Arthritis
Combining Medications Often Best Strategy to Battle Rheumatoid Arthritis
http://www.ahrq.gov/news/press/pr2007/dmardpr.htm
Agency for Healthcare Research and Quality

NEXT
Case Managers’ Perspectives on Consumer Direction
One of the greatest challenges, and greatest hopes, for consumer direction as a service option is to integrate this approach into existing case-managed programs. Published in Consumer Voice and Choice in Long-Term Care, this article explores the issues faced when consumer direction and case management are integrated.
http://www.cashandcounseling.org/resources/20071108-124235

AND
"Register for CME: Health Consequences of Intractable Spasticity & Movement Disorders in Persons with CP PART 2"
Join us for the EP LiveOnLine event scheduled on December 11, 2007 at 7:00 PM EST. This program is intended for physicians, allied health care professionals and families and caregivers. Registration is FREE. CME will be offered to physicians.

Speakers: Dara Richardson-Heron, MD; Henry M. Taylor, MD

Moderator: Seth Keller, MD.

CME Category 1 Accreditation for physicians only: Provided at no cost to participants who qualify.

TO REGISTER, click on: http://tinyurl.com/232tps

Or for more information about this program, please enjoy this video postcard from Joe Valenzano. Turn up your speakers and click here to listen: http://tinyurl.com/2xvuce

Warm regards,

Joe Valenzano and the EP LiveOnline Team

FINALLY
Workshops on Proposed Virginia Special Education Regulations sponsored by the Virginia Department of Education (VDOE) and the Parent Educational Advocacy Training Center (PEATC)

PEATC will be hosting informational workshops to explain the proposed draft Virginia Special Education regulations.  Staff from the Special Education Dispute Resolution & Administrative Services have been invited by PEATC to present information and respond to questions at five different locations throughout the regions of Virginia. 

REGION 4
DATE:                  Tuesday, November 27, 2007
TIME:                   6:30 pm – 8:30 pm
LOCATION:        Fairfax County Government Center
                             Conference Room 2 and 3
                             12000 Government Center Parkway
                             Fairfax, VA  22035

REGION 8
DATE:                  Thursday, November 29, 2007
TIME:                   6:30 pm – 8:30 pm
LOCATION:        Fairlawn Presbyterian Church
                             Fellowship Hall
                             6900 Pulaski Avenue
                             Fairlawn, VA  24141

REGION 1
DATE:                  Monday, December 3, 2007
TIME:                   6:30 pm – 8:30 pm
LOCATION:        Church of the Epiphany
                             11000 Smoketree Drive
                             Richmond, VA  23236

REGION 2
DATE:                  Tuesday, December 4, 2007
TIME:                   6:30 pm – 8:30 pm
LOCATION:        Laskin Road Annex
                             Training Room
                             1413 Laskin Road
                             Virginia Beach, VA  23451

REGION 5
DATE:                  Thursday, December 6, 2007
TIME:                   6:30 pm – 8:30 pm
LOCATION:        E.C. Glass High School
                             Marie Waller Lecture Hall
                             2111 Memorial Avenue
                             Lynchburg, VA  24501

There will only be 100 spaces available at each location.  It will be very important to register as soon as possible in order to guarantee yourself a spot. 

To register or request additional information, contact PEATC at:
            Parent Educational Advocacy Training Center
            Main Office
            100 N. Washington Street – Suite 234
            Falls Church, VA 22046
            Voice:  703-923-0010
            Toll-Free Voice:  1-800-869-6782
            Toll-Free-Fax :  1-800-693-3514
            E-mail:  partners@peatc.org

A copy of the proposed Special Education Regulations, a timeline for the revision process, and on-going up-dates can be found on VDOE’s website at  www.doe.virginia.gov/VDOE/dueproc/regulationsCWD.html. 


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

Keith-

========================================================
1. SIMPLE SOLUTION TO PREVENT UNNECESSARY INSTITUTIONALIZATION
2. DID YOUR STATE APPLY FOR NH DIVERSION MODERNIZATION GRANTS?
3. DECLINING QUALITY OF CARE (reminds me of the proposed savings HMO's, etc., failed to deliver...good scams huh?....kk)
4. WILL OR NO WILL????
5. DEAR MARCI - WILL I PAY A PENALTY FOR SIGNING UP FOR PART D LATE?
6. SpEd - APPROPRIATE ACCOMMODATIONS = GREATER STUDENT SUCCESS
========================================================
********************************************************
SIMPLE SOLUTION TO PREVENT UNNECESSARY INSTITUTIONALIZATION
********************************************************  
More on "One Simple Solution to Prevent Unnecessary Institutionalization." Information Bulletin # 227 (11/07).

On July 18, 2007, we presented data showing that nationally nearly 12% of nursing facility residents went into nursing facilities directly from their homes, without having received any health services or attendant care supports BEFORE they were admitted into the nursing facility. There was also another 5% of nursing facility residents who also went directly from their homes but who had been receiving some health services.

These two percentages total 213,988 current residents who might still be residing in their own homes and apartments, if your State had an effective mechanism to determine what and how much health services and attendant care services were needed PRIOR to their institutionalization in nursing facilities.  With community-based services, many of these nursing facility residents might have decided to stay in their homes.

In addition, we know that nearly 56% of nursing facility residents lived with someone else prior to admission to the nursing facility.  We do not know if the persons with whom they lived were willing or able to provide assistance, nor do we know if they were even aware that community-based services might have been available. But again, did anyone from your State tell them about community-based services and ask them PRIOR to institutionalization if they wanted such services?

If, as is likely, some of the 213,988 persons overlap with the 56% of the residents who lived with another person prior to admission, it's unfortunate that effective "diversion" mechanisms did not exist to work with these people to prevent unnecessary institutionalization.

We also know that 18% of current nursing home residents have a current "support person" who wants the resident to return home.  Again, does your State ask these "support persons" what health services and attendant care services might be needed to provide appropriate and safe services in the residents' home or apartment?

Your State's can be found on the CMS website for the Minimum Data Set, http://www.cms.hhs.gov/MDSPubQIandResRep/

We return to these statistics because a number of people responded to the original "One Simple Solution"(See July 18, 2007