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05/12/09 - DAC News V9-#22 - Auburn School - SSDI Training - ADA - ARC - Billion Stim->
04/20/09 - DAC News V9-#21 - A Gem - Run - VBPD - Papers - Olmstead in FL -->
04/03/09 - DAC News V9-#20 - ABLE - ADA - Feedback 4 VaNav - HUD - Housing Stim->
03/16/09 - DAC News V9-#19 - No Wrong Door - Ticket Work - Steve Gold - VBPD - SpEd->
03/03/09 - DAC News V9-#18 - iPhone testers - Housing - Kareem Dale - Steve Gold->
02/19/09 - DAC News V9-#17 - ADA logo - Events - DW Wound Care - Shower Chair - SpEd->
02/03/09 - DAC News V9-#16 - ADA - Advocacy - ODU Ready - MFP - Stim Plan/Olmstead->
01/15/09 - DAC News V9-#15 - Crisis in VA - DMAS & School Regs - Housing - SpEd->
12/20/08 - DAC News V9-#14 - HB1588 - Webinars - Grant Proposals - Comm. Day - VCU->
12/07/08 - DAC News V9-#13 - Recess/Depress - Slow down - Shower chair - MFP - SpEd->
11/14/08 - DAC News V9-#12 - dac/site - Volunteers - DW Wound Treatment - Shower - SS+% ->
11/05/08 - DAC News V9-#11 - New dac website - Events, Fair - Ability Camp - SG - SpEd->
10/20/08 - DAC News V9-#10 - Prez - Events - News - 5.8% SS cola - Sites - 5 days - SpEd ->
10/08/08 - DAC News V9-#09 - Fair/ Cir of S Conf - ADA - Last Call - Webnar - SG - Part D->
09/24/08 -
DAC News V9-#08 - da Bail out - Bridges - Free - Vote - 08' Olmstead - 6 ADD->
09/04/08 - DAC News V9-#07 - Scooter4sale - SS Law - Bridges4kids - VBPD - SG - SpEd->
08/06/08 - DAC News V9-#06 - Action Alert - Mobilizing PWD against a rollback of the ADA 
08/05/08 - DAC News V9-#05 - Vol's 4 Q&A needed - PAS - New Name 15th - ADA - SpEd->
07/20/08 - DAC News V9-#04 - ASD meeting - Agency Name Change - Study's, Expo's - SpEd-> 
07/07/08 - DAC News V9-#03 - DermaWound 4 bedsores - VBPD - HCD - Pay - Cabs - SpEd->
06/17/08 - DAC News V9-#02 - Public Comment - Meningitis Angel - NH Harm - Sp-Ed->
06/02/08 - DAC News V9-#01 - 9th ANNIVERSARY EDITION - Bridges - Steve Gold - SpEd-> 



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DAC News V9-#22  Tuesday, May 12, 2009 -- No Vote, No Voice!   
========================================================
I've got a bunch of news piled up so I won't comment much about our stock markets seemingly amazing comeback. All I'll say is what you see isn't necessarily what is real so be careful if investing because the numbers are easily manipulated. 

CALL TOMORROW
Call Congress about Long Term Care
Thanks to the hard work of many, many people around the country, health reform is moving forward fast. In the coming weeks, Congress will decide what will be included in health reform legislation.

Tomorrow, Wednesday, May 13th, Families USA is joining several groups who represent senior citizens and persons with disabilities in sponsoring a call-in day to Congress. We’re asking people to remind their Senators that long term services and supports are an important part of health care.

Tomorrow, Wednesday, May 13th, call 1-800-828-0498 and ask to be connected to your Senators. Please remind them that long-term services and supports are an important part of health care and urge them to include those services in the health reform legislation being developed.

Thank you for helping get the word out about this critical issue.

Jeff Gordon
Field Director
Families USA

NEXT
Police Arresting Angry Members of the Disabled Community Who Are Picketing White House
http://blogs.abcnews.com/politicalpunch/2009/04/police-arrestin.html

BBC: Cancer pill 'offers MS benefits'
http://news.bbc.co.uk/2/hi/health/8023120.stm

FLOW OF POTASSIUM INTO CELLS IMPLICATED IN SCHIZOPHRENIA
(http://www.nimh.nih.gov/health/topics/schizophrenia/index.shtml

Survey: More paralyzed than previously thought
http://www.usatoday.com/news/health/2009-04-21-paralysis-survey_N.htm?csp=15

Autonomic Nervous System Disorders
Genetics Home Reference: Tyrosine hydroxylase deficiency
http://ghr.nlm.nih.gov/condition=tyrosinehydroxylasedeficiency
National Library of Medicine

Cystic Fibrosis
FDA Approves Pancreatic Enzyme Replacement Product for Marketing in United States
http://www.fda.gov/bbs/topics/NEWS/2009/NEW02010.html
Food and Drug Administration

Neuromuscular Disorders
Genetics Home Reference: Spastic paraplegia type 11
http://ghr.nlm.nih.gov/condition=spasticparaplegiatype11
National Library of Medicine

Rural Health Concerns
Hard Times in the Heartland: Health Care in Rural America
http://www.healthreform.gov/reports/hardtimes/
Dept. of Health and Human Services

Stroke
May Is National Stroke Awareness Month
http://www.cdc.gov/Features/Stroke/
Centers for Disease Control and Prevention

Caring for Stroke Survivors Sometimes Stressful, but Also Rewarding
http://americanheart.mediaroom.com/index.php?s=43&item=725
American Heart Association

Salmonella Infections
Raw Alfalfa Sprouts Linked to Salmonella Contamination
http://www.fda.gov/bbs/topics/NEWS/2009/NEW02001.html
Food and Drug Administration

May SMART-One newsletter is now available
The May 2009 edition of the SMART-One newsletter is now available for downloading at: http://smartoneinc.net/newsletter/SMART_One_Newsletter_May09.pdf

NEXT
The Auburn School
We are writing to announce that The Auburn School will be opening this fall! 

Mission
The Auburn School will be serving intellectually engaged students in grades 1 - 8 with challenges in the areas of communication, socialization, language, and organization, such as Asperger's syndrome.  Our program is appropriate for students who can learn successfully in smaller classroom settings.  Auburn will provide a broad academic program, while continuously teaching social thinking and flexible thinking throughout the school day. 

More Information
We are hosting a series of information sessions for parents and professionals.  If you would like to attend an upcoming session, or if you know a parent that would like to attend, please RSVP to admissions@theauburnschool.org or (703) 967-2462. Please contact us if you would like to receive additional brochures to distribute.  We greatly appreciate your help in getting the word out!

More information about the school’s programs and the admissions process can be found on our website: www.theauburnschool.org.  Please contact us for more information or if you have any questions.  Please also refer any interested parents to our admissions director, Ilene Freed.  We are so excited to be working with this population of students, and we thank you for your continued support during our planning phase. 
Sincerely,

Erik Heyer
Founder

NEXT
National Direct Service Workforce (DSW) Resource Center Release White Paper Concerning the Challenges Facing the Direct-Care Workforce

REFERENCE POINTS:  National Direct Service Workforce (DSW) Resource Center Release White Paper Concerning the Challenges Facing the Direct-Care Workforce.

The DSW Resource Center has released a white paper that provides a first-ever overview of workforce challenges and practices across four critical service sectors:

Intellectual and developmental disabilities
Aging
Physical disabilities
Behavioral health

Usually, each of these sectors is studied and written about separately, reflecting a fragmentation that is deeply rooted in the separate funding, policy, service, and advocacy worlds of each of these sectors.

But this paper-written by a team of workforce experts  who span these service systems-takes a different approach. It sets out to investigate similarities and differences across the sectors in job titles and tasks, workforce demographics, supply and demand, job conditions and compensation, codes of ethical standards, training requirements, turnover, and career paths. To access the paper, go to
http://www.pascenter.org/publications/publication_home.php?id=893

NEXT
Richmond FREE SSI/SSDI Training
"SSI/SSDI & Work Incentives"
“Understanding the Myriad of Rules Governing SSI/SSDI,
Medicaid, Medicare & Related Work Incentives for People with Disabilities”
FREE TRAINING

June 18th - 19th, 2009
9:00 a.m. – 4:30 p.m.
Courtyard Richmond West
Richmond, Virginia

Space is Limited – Registration on First Come First Served Basis
Only Scheduled 2009 Training date in this area!!
In Order to Assure Sufficient Training Materials -- Registration is Required

Who Should Attend?

A must for SSI and/or SSDI beneficiaries who work or want to work;
A must for parents & family members of SSI & SSDI beneficiaries who work or want to work;
A must for any direct service professional who works with a SSI or SSDI beneficiary who earns or wants to earn income;
A must for all vocational rehabilitation managers & staff serving people with disabilities who work or want to work;
A must for school-to-work transition staff;

For more information contact:
Marilyn Morrison, vaACCSES,
Training/Membership Services Dir.,
Call: 571/339-1305 or FAX: 703-569-3932

NEXT
ADA Restaurant Accessibility - Enjoying the Dining Experience: What is required of Restaurants !!!

Enjoying the Dining Experience: What is required of Restaurants !!!

· Do you have a loved one who uses assistive devices such as a wheelchair, walker, or even a companion animal?

· How do local establishments respond to these needs?

· Have you ever thought about how difficult it can be to get around in small places?

Resources for Independent Living, Inc.
4009 Fitzhugh Avenue Suite 100
Richmond, VA  23230
            
Thursday, April 30, 2009
11:30 am -12:30 pm
804-353-6503

A presentation and discussion of Title III of the Americans with Disabilities Act and how it applies to ensuring accessibility to restaurants in your area.

Presenter: Jack Brandt,
Virginia Office for Protection & Advocacy
1-804 662-9566

NEXT
ICDR Stakeholder Event Update--Voting Period Open and Extended Through May 15th

The federally mandated Interagency Committee on Disability Research (ICDR) utilized a Web-based approach to collect online disability research comments to assist in developing a federal disability and rehabilitation 2010 research agenda. The comments were submitted from March 27th until April 17th.  Additionally, registered participants were invited to review all research related comments submitted and to vote on their top 10 concerns in each topic area from April 22nd through April 29th.

As we indicated previously, the voting was suspended on April 23 to modify the database application due to the overwhelming number of recommendations. If you voted previously, it will be necessary to recast your votes during the new one-week timeframe: May 8-15, 2009. We apologize for this inconvenience and encourage you to return to the site to vote for your research priorities. For more information, please visit www.icdr.us/stakeholders.    

NEXT
Accessible Tours in South Africa
Accessible Tours in South Africa
info@epic-enabled.com  /  www.epic-enabled.com

We are a tour operator offering accessible safaris & tours in South Africa for travellers with disabilities and would like to introduce our company to you.

Epic Enabled began in 1992 as the overland and backpackers tour company called Epic Expeditions. At the time we operated in the mainstream travel business, geared primarily for able bodied clients. During this time we saw very few ‘enabled’ travellers enjoying the wide range of pleasures as an ‘overlander’. Being aware that there are many ‘enabled’ people who are able and wish to experience the same sense of adventure and thrill which ‘overlanding’ has to offer, the concept of Epic Enabled was born in 2001.

Epic Enabled offers exciting, wheelchair accessible overland camping and adventure safaris in the Kruger National Park, Garden Route as well as day tours in Johannesburg and Cape Town. Everybody is welcome; individuals, friends, families & groups – disabled travellers or not.

Our travel is done in a specially adapted & equipped Mercedes Benz truck, which has been modified by qualified mechanical engineers for Wheelchair (physically disabled) passengers, and is fitted with a hydraulic passenger lift. This truck is equipped with removable seats, and is ideal for maximizing your viewing pleasure, giving space and manoeuvrability in the passenger section – perfect for when driving through the Kruger Park. Our travellers can actually move themselves around from the one side of the vehicle to the other side to follow the game! We also have a Mercedes Benz Sprinter Bus, which is used for smaller groups and airport transfers.

We are fortunate to be able to use a wide range of fully equipped accessible accommodation – tented camps, bungalows and cottages. All accommodation has solid off-the-ground beds. Epic Enabled provides a range of 3 wholesome meals a day while on tour – which includes traditional African dishes served in a boma, barbecues, potjie, picnics etc. Vegetarians, and those with special dietary requirements, will always have different meals to choose from.

Our popular Kruger National Park tour is 8 days long, of which 4 are spent exploring the Kruger National Park. Here you have a good chance to see the Big Five and lots of other animals, plants and bird life. The next 3 days are spent at a private game reserve where you will go on game drives, walk with the animals (lion cubs) and maybe get to touch a cheetah - a great place for up close interaction with wildlife. You will also visit the Hoedspruit Research & Breeding Centre for Endangered Species before returning to Johannesburg.

NEXT
SSA's Ticket To Work Program è Resources for Independence

Tuesday May 19th, 2009 - 5:30-7:00 p.m.
HealthSouth Rehabilitation Hospital
5700 Fitzhugh Avenue, Richmond, VA 23226

Are you familiar with SSA's "Ticket To Work program?"  Come learn the ins and outs
of working when you have a disability.  Get the answers to questions like
"How do I get a job if I'm disabled?"
"How much can I earn and still keep my medical benefits?"

Our Presenter is Buzz Hickok from the Richmond Center for Independent Living (CIL), Resources for Independence Inc. Mr. Hickok is a Disability Specialist.

“Our mission is to enable people with spinal cord injuries and disease to achieve
their highest level of health, independence and quality of life.”

If you have any questions or would like to suggest a meeting topic, please contact the ODC office at:

Old Dominion Chapter of NSCIA
P.O. Box 8326 - Richmond, VA 23226
(804) 726-4990 / VA Relay 711
info@odcnscia.org
www.odcnscia.org

NEXT
11th Annual Autism Summer Institute

SHOW ME THE EVIDENCE:
Evidence-Based Practices for Supporting Students with ASD in Schools and Communities

The goal of the Autism Summer Institute is to provide strength-based perspectives about students with Autism Spectrum Differences (ASD) to improve the quality of education in inclusive settings. Participants will gain knowledge and skills to evaluate and select supports and strategies based on research evidence that will enhance the full participation of students with ASD in their schools and communities. This Institute offers a unique combination of keynote presentations, breakout sessions, and "home" work groups.

Dates: August 10-13, 2009
Time: M - 8:00am to 3:30pm, TW - 9:00am to 3:30pm, R - 9:00am to 12:00pm
Location: UNH Holloway Commons / MUB, Durham, NH
Registration Fee:

Professionals: $399
Groups: $375 each (for groups of three or more - subject to verification)
Parents, Full-Time Students, Self-Advocates: $325
Students attending for credit: $99 (requires permission and code to register)
Keynote(s) only: $30 each

Scholarships & Family Support:
Family and self-advocate scholarships may be available from several of our collaborators. For details, please call 603.228.2084.

Course Credit:
Participants may earn 4 academic credits by registering for EDUC 757/857 in the Fall 2009 semester and attending the Autism Summer Institute (tuition and $99 conference fee apply). To register for UNH course credit, please contact the course instructor, Cheryl M. Jorgensen, Ph.D., at cheryl.jorgensen@unh.edu for more information and permission to register.

Participants in the full institute are eligible for 25 staff development credits/hours.

Presented By:
The New Hampshire Resource Center on Autism Spectrum Disorders

In Collaboration With:
Asperger’s Association of New England
The Autism Society of NH
Community Support Network, Inc.
NH Developmental Disabilities Council
NH Parent Information Center
University of New Hampshire

NEXT
SAVE THE DATE! The Arc of Virginia 2009 State Convention, August 6-8, 2009
The Arc of Virginia will be hosting the 2009 State Convention, August 6th-8th, 2009 in Charlottesville, Virginia! This conference will feature best-practices, with real life examples, of how people with intellectual and developmental disabilities, family members, friends, service providers and other concerned citizens can make A Life Like Yours a reality here in Virginia!  We invite YOU to SAVE THE DATE to be a part of this fun and inspirational experience that is sure to "recharge your batteries"! 

Below you will find further information about lodging, sponsorship and presentation proposals.  More information about the 2009 State Convention agenda and registration will be coming soon!
--------------------------------------------------------------------------------
LODGING INFORMATION 
A block of rooms has been reserved for The Arc of Virginia State Convention at a rate of $139 per night for August 6, 2009-August 8, 2009 at:

Omni Hotel Charlottesville
235 West Main Street
Charlottesville, VA 22902

Room Reservations may be made by calling 1-800-THE-OMNI.  When making your reservation, please specify that you will be attending The Arc of Virginia State Convention to ensure you receive the group rate.  Rooms in the block at the Omni Hotel will be available on the first-come, first serve basis.  If you need accommodations for accessibility, indicate those when you make your reservation.  A limited number of fully accessible rooms are available, but other accommodations, such a shower grab bars may be available in non-ADA rooms.
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2009 STATE CONVENTION SPONSORSHIP
Interested in being a sponsor of The Arc of Virginia 2009 State Convention?  Click here to access the sponsorship information packet or contact Jamie Trosclair, Executive Director at (804) 649-8481, ext. 101 or jtrosclair@arcofva.org for more information.
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CALL FOR PRESENTATIONS
The Arc of Virginia is currently accepting presentation proposals for the 2009 State Convention.  If you are interested in sharing your experiences making A Life Like Yours a reality in your community with State Convention attendees, click here or visit www.thearcofva.org for more information presentation guidelines and the proposal application process.  Presentation proposals will be accepted through May 18, 2009.
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For more information about The Arc of Virginia's 2009 State Convention, visit www.the arcofva.orgor contact Jamie Trosclair at jtrosclair@arcofva.org or (804) 649-8481, ext. 101.

NEXT
DISABILIITY LAW HANDBOOK AVAILABLE

The Southwest Disability and Business Technical Assistance Center (DBTAC) – funded by the National Institute on Disability and Rehabilitation Research recently announced that the Disability Law Handbook is now available on our website at: http://www.swdbtac.org/html/publications/dlh/index.html.  The book will also be translated into Spanish and will be available soon.

This Disability Law Handbook is a 50-page guide to the basics of the Americans with Disabilities Act and other disability related laws.   Written in an FAQ format, The Disability Law Handbook answers questions about the Americans with Disabilities Act, the ADA Amendments Act, the Rehabilitation Act, Social Security, the Air Carrier Access Act, the Individuals with Disabilities Education Act, the Civil Rights of Institutionalized Persons Act, and the Fair Housing Act Amendments

Questions re this Handbook should be directed to the Southwest DBTAC, web site www.swdbtac.org. 

Want information on Federal mental health grants, publications, meetings, policies, programs and other useful material for mental health consumers? Join the CMHS Consumer Affairs Listserv at: http://mentalhealth.samhsa.gov/listserv/

AND
West Tennessee Community Homes
http://www.state.tn.us/dmrs/WestTNCommunityHomes/index.html


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

Keith-

========================================================
1. $1 BILLION CDBG STIMULUS ACT FUNDS - HOUSING FOR PWDs
2. MAJOR LAWSUIT SETTLED - 7,000 PEOPLE WITH DD NOW LIVE IN COMM.
3. MEDICARES HIGH COSTS
========================================================
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$1 BILLION CDBG STIMULUS ACT FUNDS - HOUSING FOR PWDs
********************************************************  
$1 Billion CDBG Stimulus Act Funds - Housing for People with Disabilities? PART 1 - #284A (5/09)

Last week, HUD's Secretary Donovan announced the American Recovery and Reinvestment Act of 2009 (Recovery Act, aka Stimulus Act) appropriation of $1 billion in Community Development Block Grant funds "to carry out, on an expedited basis, eligible activities under the CDBG program."   Local and state grantees must "submit ... substantial amendments to their program year 2008 action plans to their HUD field office" by June 5 and 29, 2009.

Grantees will prepare an action plan amendment. HUD will process the plans in an expedited manner, execute grant agreements, and make the funds available in each grantee's line of credit.

HUD has noted that the CDBG program enables "governments to undertake a wide range of activities intended to create suitable living environments, provide decent affordable housing and create economic opportunities, primarily for persons of low and moderate income. Under the Recovery Act, recipients shall give priority to projects that can award contracts based on bids within
120 days of the grant agreement."

Because this is a "supplemental appropriation," the Secretary believes that grantees have already "carried our NEEDS hearings [has your CDBG? what are the needs' priorities in your community?], has a consolidated plan [do you have a copy of the 2008 Consolidated Plan?], an annual allocation plan [have you looked at it to find out how the CDBG funds were supposed to be allocated and do you think it reflects the NEEDS in your community?], a citizen participation plan [hmm], a monitoring plan  [a Philadelphia pretzel to anyone who has seen this, and mustard if you've studied it], an analysis of impediments to fair housing choice [bet you didn't know that your local and state CDBG recipients had to identify and analyze these impediments}....

Obviously, the time frame to influence the allocations is quite limited. Our suggestion is that the disability community pick one or two projects that are important and meet with your local AND state CDBG recipients to urge their adoption of your projects.

The following is a breakdown of the $ 1 billion allocation.  The designation "Nonentitlement" means a state agency will receive these funds to use primarily in areas not otherwise listed in your states.

Due to technical limitations, the breakdown will be in two separate emails.


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

PLEASE GO TO STEVE's WEBSITE TO SEE EACH STATES STATS......

********************************************************
MAJOR LAWSUIT SETTLED - 7,000 PEOPLE WITH DD NOW LIVE IN COMM.
********************************************************
Major lawsuit settled, helping 7,000 people with developmental disabilities live in the community instead of institutions

OAKLAND, CA – A class action case to expand community living opportunities for approximately 7,000 Californians with developmental disabilities residing in institutions has been settled. On April 24, Judge Robert Freedman granted final approval of the settlement agreement in Capitol People First et al v. Department of Developmental Services et al.

David Engberg, president of the self-advocacy organization and lead organizational plaintiff Capitol People First said, "This lawsuit was a voice for people in institutions who couldn't speak for themselves."  

The case was litigated by Disability Rights California, with Bingham McCutchen LLP and DLA Piper US LLP as pro bono counsel.   Barbara Dickey, lead attorney from Disability Rights California, explained, "The settlement terms spell out coordinated and long-term actions to support each and every institutionalized Californian with developmental disabilities who chooses to live in a smaller, more integrated community setting."

The settlement will benefit all people with developmental disabilities in California who reside in, or are at risk of placement in, institutions-- defined in the lawsuit as public or privately-run facilities for 16 or more individuals.   The settlement will continue and improve efforts made by the Department of Developmental Services (DDS) and the 21 Regional Center defendants during the course of the seven-year litigation, which include expansion of funding and opportunities for community living, as well as the recent closure of one state-run institution, Agnews Developmental Center.

The settlement provides for additional funds for case management to assist class members in state-run institutions called developmental centers (DC); improved information to class members and training for DC staff about community living options; increased state-level coordination of services for people diagnosed with developmental and mental health disabilities; and continued funding and program efforts to provide community living alternatives for class members.

Chris O'Connor, attorney with Bingham McCutchen, said of the settlement, "Today caps seven years of work towards finding the best possible ways for the state of California to fulfill the promise made to Californians with developmental disabilities under the state's Lanterman Act, which requires that people with developmental disabilities must have the opportunity to live in community settings where appropriate."

DLA Piper attorney Michael Schwartz added: "We are pleased that this settlement significantly enhances community living options for people with developmental disabilities and also provides improvements to the infrastructure of these programs."

The lawsuit was filed in January 2002, seeking to ensure that Californians with developmental disabilities had access to the services they need to live in and participate as members of their communities, and avoid unnecessary institutionalization. The class includes the approximately 2,300 children and adults who live in DCs and the 4,500 people who live in privately-owned institutions housing 16 or more, such as skilled nursing facilities and other large congregate facilities.

The lawsuit was brought in Alameda County Superior Court by sixteen individual plaintiffs who resided in, or were at risk of placement in, developmental centers or other institutions; three organizational plaintiffs (Capitol People First, California Alliance for Inclusive Communities, and The Ar= c of California); and two taxpayer plaintiffs who asserted that the State is spending tax dollars unlawfully by continuing to institutionalize individuals who could live successfully in community homes.

Tony Anderson of The Arc of California said, "This settlement will give consumers and their families more information to make choices about receiving the services they need to live healthy and successful lives in their home communities."

The lawsuit was settled against all defendants, including the State of California; the Departments of Developmental Services (DDS), Health Care Services (DHCS), Mental Health (DMH); and the 21 local non-profit Regional Centers (which contract with DDS).   In addition, the Intervenors, California Association of State Hospital Parent Councils for the Retarded (CASH/PCR), California Association for the Retarded (CAR), and several individual DC residents, by way of their family members, also support and have signed the settlement agreement.

For more information and background, go to www.disabilityrightsca.org.
(thax drcCA)

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MEDICARES HIGH COSTS
********************************************************
Medicare's High Costs

May 7, 2009 • Volume 9, Issue 18

Medicare’s $1,068 deductible for a hospital stay and the 20 percent coinsurance charged for doctor visits and outpatient services like chemotherapy can become an overwhelming burden for older adults and people with disabilities. With no annual cap on out-of-pocket spending, the Medicare benefit does not provide enough protection against the high costs of treating a serious illness unless it is combined with supplemental insurance.

But the cost of supplemental “Medigap” coverage is increasingly out of reach for people on fixed incomes. Average costs are projected to reach $2,329 in 2011, and in 2021 the average cost will be close to $4,000. The private insurers offering Medigap plans spend only 72 percent of their members’ premiums on medical claims; more than one dollar in four goes to marketing and administrative costs or profit. The rules in most states allow Medigap insurers to discriminate against people who have Medicare because of a disability, to charge higher premiums to older enrollees and, in certain circumstances, to enrollees with a history of illness.

One third of people with Medicare have retiree coverage through a former employer. But with each passing year, fewer employers are offering such coverage to their former employees. Between 1988 and 2006, the share of employers with 200 employees or more offering retiree health benefit packages decreased from 66% to 35%.

In addition, more than half of the people enrolled in Medicare private health plans are in plans with no out-of-pocket maximum. Other plans offer very high limits or limits riddled with loopholes: doctor visits or chemotherapy or other essential services don’t count toward the limit. Medicare private health plans are also an inefficient way to deliver extra benefits. It costs the government $1.30 for every $1.00 in extra benefits provided through Medicare private health plans.

What is the answer?

The best solution is to allow people with Medicare to pay a surcharge on their Part B premium for supplemental Medicare coverage that lowers co-pays for medical services, provides an integrated drug benefit under Original Medicare, and caps annual out-of-pocket spending for both medical services and prescription drugs. One such proposal, entitled Medicare Extra, would allow older adults and people with disabilities to get all their medical and drug coverage from the most trusted and efficient source—Original Medicare—without paying the added costs of insurance middlemen.

In the meantime, Congress should strengthen protections for people who choose a private insurer for supplemental Medigap coverage, and prevent insurers from charging high premiums to the sickest and most vulnerable older adults and completely excluding people with disabilities. Guaranteed issue rules should be expanded to include people with disabilities, people who quit their Medicare private health plan and people who want to switch to a lower cost Medigap plan.
(thax medicarerights)

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

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

Website:  http://dac4va.org/main.htm 

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



++



========================================================
DAC News V9-#21  Monday, April 20, 2009 -- No Vote, No Voice!   
========================================================
On a bittersweet note DAC wishes Karen L. from DMAS a fond farewell as she leaves to begin a new journey on the national level in her life. Although she will be missed by us in Virginia I'm thinking how lucky the rest of the nation will be with Karen now serving all of us on a higher level. We may have lost a jewel but we all gained a gem. Good luck on your new career choice Karen and please drop us a line now and then:)

NEXT - REQUEST FROM STEVE GOLD
Be My Fun Run Sponsor
ADAPT will arrive in DC on Sunday, April 26, 2009 to convince folks to enact the Community Choice Act in 2009.  The CCA will give people a real choice either to live in the community with appropriate services or to live in a nursing home or other Medicaid institution. This is also the 10th Anniversary of the Olmstead decision, which was supposed to end institutional discrimination.

It is really expensive for 400-500 disabled persons, MANY whose only income is SSI, to afford to come to DC to fight for our civil rights and to end unnecessary segregation.  On Sunday, 4/26/09, there will be a "fun run" to raise $ so that ADAPT's low-income warriors can fight the battle for us all.  I will run and am asking you to please support me. All of your tax deduction contribution will go to ADAPT!

If the "Informational Bulletins" have been helpful, please click on http://www.adaptfunrun.org/sponsor.php?id=280

Thanks a lot, and oh yes, the Disability Odyssey continues.
Steve Gold

NEXT
Educational Brochure: Economic Stimulus Package - Single Payment to Seniors and Individuals with Disabilities
For a brochure explaining the one-time economic recovery payment for certain individuals receiving SS, SSI, Railroad Retirement and Veterans benefits, see http://www.socialsecurity.gov/pubs/10519.pdf

AND
Sign the petition to allow everyone access to e-books
Dear Fellow Federationists:
As many of you know, we are engaged in a campaign to obtain access for the blind and others with print disabilities to e-books available for Amazon's new Kindle 2 e-book reader. The new reader, which Amazon is working to make fully accessible to the blind, has the ability to use text-to-speech to read these e-books aloud; but under pressure from the Authors Guild, Amazon has announced that authors and publishers will be allowed to disable the text-to-speech function. The National Federation of the blind has joined with over twenty other organizations to create the reading Rights Coalition, which has set up an on-line petition to urge the Authors Guild and Amazon to reverse course. Please read and sign the petition here: <http://www.thepetitionsite.com/1/We-Want-To-Read>http://www.thepetitionsite.com/1/We-Want-To-Read

Please note: If you are using screen access technology, the first three fields on the form to sign the petition may not be announced. They are, in order: (1) a drop-down menu from which to select your prefix (Mr., Mrs., etc.); (2) an edit field for your first name, and (3) an edit field for your last name. the rest of the fields should announce themselves as you tab to them. If you still have trouble filling out the form, please send the following information to: readingrights@nfb.org  and we will be happy to sign on your behalf. You will need to send us your name, address, e-mail address, and any personal comments you would like to make about this issue. Thank you so much for your participation in this critically important effort.

Sincerely:

Chris Danielsen, Director of Public Relations
National Federation of the Blind

P.S. Once you have signed the petition, please be sure to forward the link to all of the contacts in your address book that you believe will support us in this cause.

AND
Asperger's stress hormone link
http://news.bbc.co.uk/2/hi/health/7976489.stm

UR study mends sight in victims of stroke
http://www.democratandchronicle.com/article/20090413/NEWS01/904130333/-1/nletter01?source=nletter-news

Pentagon's Bionic Arm - 60 Minutes
Video:
http://www.cbsnews.com/video/watch/?id=4937716n

Story:
http://www.cbsnews.com/stories/2009/04/10/60minutes/main4935509.shtml

Are e-books the new newspapers?
http://news.bbc.co.uk/2/low/programmes/click_online/8003724.stm

SSI Recipients Priced Out of Rental Market.
The report will be released at 9 am on April 13, 2009, and can be found at www.tacinc.org/pubs/pricedout/2008.html
.

NEXT
New DAYS for ABILITY Build Volunteer Opportunity!
Greetings!
I spoke with many of you last week and send follow up emails regarding the exciting volunteer opportunity for people with disabilities in Franklin, WV with Habitat for Humanity. 

Well, there’s a bit of good and bad news! The bad news is that it’s raining today in Franklin and most work at the build site has been halted. The GOOD news is that our volunteer opportunity dates have been re-scheduled for later in the week, Thursday and Friday the 23rd and 24th! If any of you were thinking about coming out as individuals or with your consumers but Monday and Tuesday were just too short of notice, please consider joining up on Thursday or Friday of this week! 

To learn more about our program please visit our website at: http://abilityawareness.org/currentbuilds.htm

Contact me via email or at my direct line below with your RSVP as soon as possible. It will be a lot of fun and a wonderful way to give back to the community in addition to increasing your consumers self esteem, confidence and employability! 

Marci Carey
Outreach Coordinator
ABILITY Awareness
"Building a World of Inclusion"

1440 East First Street, Suite 107
Santa Ana, CA 92701
Direct: (949) 943-4465
Office: (714) 277 4330 x 0#
Fax: (714) 277-3743
www.abilityawareness.org


NEXT
Partners in Policymaking Advocacy Training Applications Due April 30th!

Just Two Weeks Left to Apply to Become a Member of the Partners In Policymaking Class of 2010 
  ---  Are you an adult with a developmental disability? 
  ---  Are you the parent of a young child with disabilities? 
  ---  Do you want to be a more knowledge and effective advocate for your own or your child’s rights?

If so, the Virginia Board for People with Disabilities is currently recruiting for individuals to participate in its 2009-2010 Partners in Policymaking advocacy training program. 

Partners attend eight two-day sessions in Richmond between September and May led by state and national experts who prepare them to use the power of advocacy to change the way that they, their families, and others with disabilities are understood, supported, taught, live, work, and play in their communities.  Training sessions cover the history of the disability rights movement, self-advocacy, independent living, supported employment, building inclusive communities, natural supports, legislative advocacy, assistive technology, communications, and team building. 

All expenses for training, lodging, meals, and travel are covered by the Board, which also works with participating self-advocates to arrange personal care support services and with parents to arrange respite care.  In return, participants must agree to complete all homework and class assignments as well as one major project designed to demonstrate their new competencies. 

Each year’s Partners class features a diverse group of highly motivated individuals representing a wide range of backgrounds and abilities from all across Virginia. 

APPLY NOW to join this statewide corps of Virginians who have chosen to be more effective advocates for their own rights and those of their children and to be active participants in the public discussion of policies and practices that affect the lives of all people with disabilities. 

Applications to participate in the Class of 2009-2010 must be received by no later than by April 30, 2009.  Online submission of applications is strongly encouraged. 

Information and applications can be obtained at www.vaboard.org/policymaking.htm or by contacting: 

Teri Barker, Sponsored Programs Manager,
         Teri.Barker@vbpd.virginia.gov, 804-786-9381 
or Erin Hickey, Sponsored Programs Assistant,
          Erin.Hickey@vbpd.virginia.gov, 804-786-3456 

Partners in Policymaking
Virginia Board for People with Disabilities

NEW ADDRESS!

Washington Building, Capitol Square
1100 Bank Street, 7th Floor
Richmond, VA  23219
800-846-4464 (TTY/voice)
804-786-1118 (fax)

AND
2009 Virginia Collaborations Conference 
Call for Papers and Save the Date Announcement 


Mark your calendars for the 2009 Collaborations Conference on October 4-5, 2009, at the Wyndham Virginia Beach Oceanfront. 

Consider being a presenter at this year’s conference and sharing your experiences, innovative ideas, and practical applications for service delivery of interest to a wide-ranging audience.  The Call for Papers deadline is May 15, 2009.  The Call for Papers application is available at http://nova.imarcsgroup.com/vendorimages/vaaccses/Call_for_Papers_2009.pdf. 

For more information, please contact: 
Marilyn Morrison, Training & Membership Services Director
vaACCSES
7420 Fullerton Road, Suite 110
Springfield, VA  22153
Voice:  (571) 339-1305
Fax:  (703)569-3932
mmorrison@vaaccses.org 

FINALLY IN FLORIDA
Olmstead Case -- Long v. Benson
FYI, the United States Department of Justice has recently filed an Amicus Curiae ("friend of the court") brief in the 11th Circuit U.S. Court of Appeals in case of Long v. Benson.  This case involves an appeal arising out of a class action against the State of Florida. Plaintiffs are Medicaid eligible adults with disabilities who desire to live in a community setting and allege that they are unnecessarily confined to nursing home facilities in violation of Title II of the ADA and Section 504 of the Rehabilitation Act.  In this brief, U.S. DOJ argues that:

--The regulations enforcing Title II of the ADA can be enforced through a private right of action; and
--Where a State operates a program that includes the provision of personal services, it must do so in compliance with Title II’s nondiscrimination mandate, including the requirements of the integration regulation.

You can access the entire brief at http://www.ada.gov/new.htm



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

Keith-

========================================================
1. HOUSING INFO: STIM BILL & LOW INCOME HOUSING TAX CREDITS
2. SHARE YOUR STORIES
3. GOV KAINE LAUNCHES "VA ON ITUNES U" ISSUES MATH-APP CHALLENGE
4. WILL MEDICARE PAY FOR MY MOTHERS HOME HEALTH CARE?
========================================================
********************************************************
HOUSING INFO: STIM BILL & LOW INCOME HOUSING TAX CREDITS
********************************************************  
Housing Information: Stimulus Bill and Low-Income Housing Tax Credits, #280 (3/09)

Until Congress recently enacted the Stimulus Bill, the IRS had taken the position that Low-Income Housing Tax Credits were not "federal financial assistance" and therefore the requirements of Section 504 of the Rehabilitation Act of 1973 did not apply.  HUD had tacitly deferred to IRS.  As a consequence, people with disabilities were frequently discriminated against in one of the largest housing programs in the country.

With the recently enacted Stimulus Bill, people with disabilities now have the same Section 504 rights and protections as they have in other "federal financial assistance" programs.

The recently enacted Stimulus act has two important provisions with regards to the Low-Income Housing Tax Credit program that disability advocates should be aware of.

First, Congress enacted a "housing credit exchange program."  Your State Housing Finance Agency (HFA) is authorized to "exchange" 100% of unused 2007 and 2008 LIHTC and 40% of their 2009 allocation to developers. In return, your State Housing Finance Agency will receive 85 cents on the dollar.

This is very important because if a housing developer had applied and received a LIHTC allocation but then could not, given the economy, find an investor that would "buy" the credit, with the Stimulus Bill the developer could turn in the credits and receive cash (85 cents on the dollar) from your HFA.

With these funds, your State will be able to continue funding programs for qualified low-income housing residents. Disability advocates must make sure that your HFA requires developers (for housing developments from 2007-2009) comply with Section 504 (see below).

Second, Congress allocated HOME funds to HFAs to fill gaps in tax credit deals.  Developers will have to apply for these funds and these HOME funds will fill "gap financing" for tax credit developments.  Housing developers must show that the use of such funds will increase the total funds available for the construction or rehabilitation of the affordable housing.

Third, funds provided from both of these programs must be used before January 1, 2011 or the funds will be returned to the Treasury.

What does this mean for advocates?

Funds from these two programs must be used and allocated in accordance with the HFA's allocation plans.  However, in many states, these plans in the past did not require compliance with Section 504.  You must address this and make sure that before your HFA uses any of these funds, there is an amendment to the allocation plan so that developers know they must comply with Section 504.

There is no doubt that these funds are "federal financial assistance" and therefore Section 504 of the Rehabilitation Act is applicable.  While there had been some dispute whether "tax credits" were "federal financial assistance,"  there is no issue with the two funds.  This gives advocates a new opportunity to make sure there is compliance with 504.

Therefore, 24. C.F.R. section 8.22 requires that at least five percent of the units be fully accessible to people with physical disabilities and another two percent for people with visual and hearing impairments.  Not only must these units be accessible, but they must be targeted to people who require these accessible features.

Any HFA accepting these funds MUST reopen their allocation plans to make sure they require AT LEAST FIVE PERCENT of the new construction must be fully accessible.

At least for the funds in the two Stimulus Bill, we should also be demanding that the HFA target or change allocation plans to target a large portion of these funds to the lowest-income people - people at the SSI income level/18% of the average median income, something most HFAs throughout the country have not done with the LIHTC in the past.

Nationally, we should be looking at how the new Secretary of HUD implements the Stimulus Bill. This is an important opportunity for HUD to take the lead and address the shameful housing crisis people with disabilities face.

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.

********************************************************
SHARE YOUR STORIES
********************************************************
Share Your Stories

April 16, 2009 • Volume 9, Issue 15

Personal stories are among the most powerful tools we have to make change happen.

When appealing to Congress, reaching out to the media, or working to understand the needs of the general public, the Medicare Rights Center turns to personal stories of struggles and success with Medicare.

If you have a Medicare story to share, we want to hear it. Our website publishes a small sampling of the stories we have gathered in abundance. Below are some of the stories from the recently updated page about Prescription Drug Coverage (Part D), which highlights trends we are seeing.

Aurora, CO

I have a Medicare Advantage Prescription Drug Plan and have already fallen into the doughnut hole. We haven't even finished up with the first quarter of the year 2009. My drug now costs me over $800 for a 30-day supply. It is an antibiotic that has no generic or competitors. So now I have to use my credit card and pay over 15 percent interest on the drug plus my monthly Medicare Advantage plan premiums, which provide no coverage during this time. I will have to take this drug for the rest of my life or until my credit card is maxed out; whichever happens first.

(Submitted March 7, 2009)

Northport, AL    

I work with SHIP [State Health Insurance Assistance Program] in Alabama. In January of 2009 we were bombarded with callers who were dual eligible that were reassigned into PDP's [prescription drug plans] with a premium below the benchmark for our state yet the reassigned plans were very expensive. In other words, the plans are below what the LIS [Low Income Subsidy] premium rate is but the reassigned plans did not cover the beneficiary's medications well. For example, one client had been reassigned to a plan that would cost him $8,039 for the year; another had been reassigned to a plan that would cost them $9,297. These people are on LIS and cannot afford this. I went to Medicare Compare and ran a comparison and found a plan that would cost them $200 or so for the whole year, which is appropriate. I enrolled them in the new plans, but the problem is that they do not go into effect until the following month. I wish there was a way during the Annual Coordinated Enrollment Period to help duals get a plan that covers their medications well so it will be an easier transition for the new year.

(Submitted February 13, 2009)

New Baden, IL

In January of this year, when going to refill some of my prescriptions it was a startling shock when I was expecting to pay about $18 to $20 for my meds. I almost fell over when informed it would cost $317. Whereas before there was no annual deductible, now it was $295. All the brand-name drugs went up to $22 and the rest were also more, plus now I must pay $24.90 monthly to the plan. I have stopped taking one brand of medicine that would cost $63 for a refill. Since I must take two different doses of this medication it would cost $126 a month just for this one. Because of the 5 percent raise we got in January I no longer qualify for extra help.

(Submitted March 30, 2009)

Are you getting the care you need?  Are all of your drugs covered?  We welcome all stories about the health care system. Help us understand what is working and also expose ways in which the system has failed. We want to hear from you.
(thax medicarerights)

********************************************************
GOV KAINE LAUNCHES "VA ON ITUNES U" ISSUES MATH-APP CHALLENGE
********************************************************
GOVERNOR KAINE LAUNCHES “VIRGINIA ON ITUNES U”, ISSUES MATH-APPLICATIONS CHALLENGE

~  Dedicated portal on popular iTunes site is latest tool to take education beyond the classroom, new design challenge will produce mobile learning applications to engage middle school students in mathematics ~

RICHMOND — Building on a number of recent initiatives designed to take learning beyond the classroom, Governor Timothy M. Kaine today announced the official launch of “Virginia on iTunes U,”(direct link, requires iTunes) a dedicated area within Apple’s iTunes Store featuring free access to educational content. Through iTunes U for K-12 education, students, teachers, and other interested users can “learn on the go" by downloading audio and video content onto an iPod, iTouch, or iPhone from any computer with Internet access.  To extend this initiative, Governor Kaine also issued the “Learning Apps Development Challenge” today to encourage developers to produce innovative mathematics applications that will engage middle school students and encourage advanced learning and achievement.

“The 21st century has presented unprecedented opportunities to expand learning beyond the walls of the traditional schoolhouse,” Governor Kaine said. “We want to embrace those technologies that can help us provide a personal and more meaningful learning experience for students of every kind as we continue to shift our expectations from competence to excellence.”

Led by the Virginia Department of Education (VDOE), Virginia on iTunes U is a collaborative effort among state and national organizations including Radford University, Blue Ridge Public Television, and Thinkfinity. The site enables teachers and content partners to share digital content and resources that support the Virginia Standards of Learning.  The site also provides education flexibility, allowing individuals to choose what, when, and where they learn. Materials will be submitted for review by VDOE and subjected to a rigorous evaluation to ensure available content maintains the highest standards of quality, accuracy, and relevance.

Complementing the Virginia on iTunes U effort, the “Learning Apps Development Challenge” led by Secretary of Technology Aneesh Chopra in collaboration with the Department of Education, seeks applications focused on middle school mathematics Standards of Learning (SOL), such as fraction computation, proportions, and the relationship between fractions, decimals and percents. The details of the challenge and a full list of topic priorities can be found at www.lwbva.org. Developers must accept and abide by Apple’s App Store Terms and Conditions, and all submissions should be uploaded to Apple’s App Store by 5:00 PM EDT on June 19, 2009. A panel of judges will review and evaluate the proposed apps, and the “Learning Apps Development Challenge” winners will be announced in late June during the National Educational Computing Conference (NECC). 

The Virginia on iTunes U portal is part of a larger effort by the Commonwealth to harness the power of digital media and mobile devices to expand and supplement classroom -based education. Last month Governor Kaine announced the launch of the Virginia Physics Flexbook, a web-based, open-content compilation that will allow teachers to share the most up-to-date lessons and techniques, bringing the best information and practices to all students in the Commonwealth. 

In addition, Virginia’s Learning without Boundaries initiative is leading the way on integrating technology into the classroom experience. With support from the Productivity Investment Fund and in collaboration with Virginia Tech and Radford University, VDOE is exploring the potential benefits of wireless mobile technologies for day-to-day teaching. Most recently, the Commonwealth has launched a pilot program called “iLearn” in Radford City and Montgomery County schools using the Apple iTouch to let students learn in alternative, comfortable ways.

“Mobile communication devices are an integral part of the lives of thousands of Virginia students,” said Superintendent of Public Instruction Dr. Patricia I. Wright. “We can choose to ignore them or we can leverage them as powerful, personal learning devices.”

********************************************************
WILL MEDICARE PAY FOR MY MOTHERS HOME HEALTH CARE?
********************************************************
Dear Marci,
My mother is too frail to leave the house. Will Medicare pay for her to receive care at home?
—Tom (Boston, MA)
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Dear Tom,
Medicare will cover your mother's home health care if she meets Medicare's definition of "homebound," needs skilled nursing care on an intermittent or part-time basis or physical or speech therapy (with a continued need for occupational therapy) and meets a few other requirements.

Your mother should ask her doctor whether he thinks she might qualify for Medicare home health benefit.

To find out which types of home health care Medicare will and will NOT pay for, visit Medicare Interactive.
http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=69

— 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://dac4va.org/main.htm 

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


++



========================================================
DAC News V9-#20  Friday, April 03, 2009 -- No Vote, No Voice!   
========================================================
The stock market has been on a winning streak lately but be careful not to be pulled in by false expectations. This is similar to our last depression where the markets dropped then went back up and folks thought it was time to invest before the market went down again for several years. Be careful all does not get well in just a few good trading days, over 5 million jobs lost with over 13 million unemployed nationwide. 

NEXT
A bill that would create tax-deferred savings accounts for people with disabilities has been introduced in the House and Senate.  If passed, the new legislation would allow family members, friends, or a person with disabilities to place up to $500,000 of funds into an "ABLE" (Achieving a Better Life Experience) account that functions much like an IRA or 529 College Savings Account, with the income generated by the account accumulating without taxation.

Under the proposed legislation, the accounts will be initially available only to individuals who qualify for Supplemental Security Income (SSI) benefits. The accounts would be titled in the name of the SSI beneficiary, but funds up to $500,000 placed in such accounts will not qualify as available resources and will not prevent a beneficiary from continuing to receive benefits. Furthermore, distributions from the accounts, so long as they are made for the benefit of the person with disabilities, will not count as a part of their income for purposes of SSI.

According to a press release from Sen. Bob Casey's (D-PA) office, anyone will be able to transfer money into an ABLE account and rollovers from other accounts will be possible. Like an IRA, the funds in an ABLE account will accumulate tax-free interest during the beneficiary's lifetime. Finally, should someone become disabled later in life, he would be allowed to roll over a previously existing IRA or 529 account into an ABLE account in order to qualify for benefits.

NEXT
ADA Story on TV See Craig on TV
http://www.wtvr.com/global/video/flash/popupplayer.asp?ClipID1=3542489&h1=Man%20Sues%20Richmond%20Restaurants&vt1=v&at1=News&d1=138067&LaunchPageAdTag=Search%20Results&activePane=info&rnd=85711073

NEXT
The April issue of the SMART-One newsletter is now available at:  http://smartoneinc.net/newsletter/SMART_One_Newsletter_Apr09.pdf

Register to win a free wheelchair accessible van from Braun!
BraunAbility is teaming up with Toyota & Great Clips to give away a one-of-a-kind wheelchair van.  The nominee must be an individual who requires the use of a wheelchair for their daily activities. To enter go to www.fanvangiveaway.com
Good luck everybody!

Inclusive Education Leadership Summit - Registration Extension
The New England Inclusive Education Leadership Summit Due to continued demand, the registration deadline for the New England Inclusive Education Leadership Summit has been extended to Monday, April 6, 2009.  All summit participants will have the opportunity to learn from regional and national inclusive education leaders, have access to the latest evidence-based strategies, and to problem-solve with colleagues and peers.

If you plan to attend, please take a moment to complete registration by clicking here. We encourage you to register soon as seats are limited and are filling up quickly. If you have any questions, please don't hesitate to call 603.228.2084 or e-mail contact.iod@unh.edu.

We hope to see you at the New England Inclusive Education Leadership Summit. Date: Friday, April 10, 2009
Time: 9:00 am - 3:00 pm, registration begins at 8:00 am
Location: Center of New Hampshire Radisson Hotel, Manchester, NH

NEXT
Reminder: The ICDR Seeks Your Recommendations by April 17, 2009 

ICDR Seeks Your Recommendations
on Emerging Disability Research Topics
Comment Period: March 27 – April 17, 2009
Voting Period: April 22 – 29, 2009
Web site: www.icdr.us/stakeholders

This year for the first time, the federally mandated Interagency Committee on Disability Research (ICDR) is utilizing an innovative Web-based approach to collect online disability research comments to assist in developing a federal disability and rehabilitation 2010 research agenda.  This technology-driven approach gives the public a three-week timeframe from March 27th through April 17th to submit their recommendations.  Additionally, registered participants will be invited to review all comments submitted and vote on their top 10 concerns in each topic area during the one-week period from April 22nd through April 29th.  Public comments from stakeholders are the focal point of the disability research recommendations in the ICDR Annual Report to the President and Congress.  For more information, please review the attached press release and visit:  www.icdr.us/stakeholders

NEXT
Feedback Needed for New VirginiaNavigator Needs Assessment Tool

Volunteers Needed for Focus Groups to Help Develop
New Needs Assessment Tool for VirginiaNavigator 

SeniorNavigator recently received an award to assist in the Department of Medical Assistance Services’ (DMAS) Medicaid Infrastructure Grant.  This grant will help to fund a new “Needs Assessment” tool for VirginiaNavigator, that will make it easier for adults with disabilities and their families to identify and access a full range of supportive services that will help them increase or maintain their independence. 

VirginiaNavigator, the search component of the Virginia Easy Access online information and referral system, is committed to serving both seniors and adults with disabilities.  This grant will assist SeniorNavigator in better understanding the common threads and the unique needs of each population and in redesigning the existing assessment tool to incorporate both. 

SeniorNavigator will conduct three separate focus groups using the Department of Rehabilitative Services’ (DRS) Video Teleconferencing (VTC) technology to develop a logic model for the new needs assessment tool.  The focus groups will include persons with cognitive, physical, and sensory disabilities and their family members.  The focus groups will provide feedback on twelve to fifteen questions, in consumer-directed language, that will serve as the basis of the new Needs Assessment tool.  We hope to learn: 

1.  Are any categories missing? 
2.  Is the language consumer-friendly, inclusive, and appropriate? 
3.  Are the results returning the appropriate services? 

You are invited to participate in this effort by attending a focus group or by recruiting other persons with cognitive, physical, or sensory disabilities and their family members to participate. 

Please refer to the schedule below for specific Focus Group locations, dates, times, and local contacts.  Individualized electronic flyers are available for each location and may be requested by e-mail from Katie Benghauser at Katie@SeniorNavigator.org.  In your e-mail, please remember to identify the specific location for which you are requesting a flyer.

For more information, please contact: 

Adrienne Johnson
SeniorNavigator
7501 Boulders View Drive, Suite 201
Building IV
Richmond, Virginia  23225
(804) 525-7728 (phone)
(804) 525-7729 (fax)
(866) 393-0957 (toll free)
adrienne@seniornavigator.org 

Focus Group Locations, Schedule, and Local Contacts 

Big Stone Gap 
April 3, 2009, 1:30pm - 4pm 
Mountain Empire Older Citizens, Inc. 
Transit Conference Room 
1501 3rd Ave., E, Big Stone Gap 
Sponsored by Junction Center for Independent Living 
Contact:  Dennis Horton, (276) 679-5988 

Charlottesville 
April 3, 2009, 9am - 12 noon 
April 3, 2009, 1:30pm - 4pm 
April 3, 2009, 9am - 12 noon 

Virginia Workforce Center 
2211 Hydraulic Road, Charlottesville 
Contact:  Heather Hodges, (434) 963-2988, heather.hodges@drs.virginia.gov 

Chesterfield 
April 3, 2009, 9am - 12 noon 
April 3, 2009, 1:30pm - 4pm 
April 3, 2009, 9am - 12 noon 
Chesterfield Workforce Center 
73231 Whitepine Road, Chesterfield 
Contact:  Rebecca Farthing, (804) 714-2021, Rebecca.farthing@drs.virginia.gov 

Fairfax 
April 3, 2009, 9am - 12 noon 
Virginia Department of Rehabilitative Services 
11150 Fairfax Blvd., Suite 300, Fairfax 
Contact:  Jane Bennett, (703) 359-1124 

Fredericksburg 
April 3, 2009, 9am - 12 noon 
disability Resource Center 
409 Progress Street, Fredericksburg 
Contact:  Debe Fults, (540) 373-2559 

Harrisonburg 
April 3, 2009, 9am - 12 noon 
April 3, 2009, 1:30pm - 4pm 
Virginia Department of Rehabilitative Services 
1909 B. East Market Street, Harrisonburg 
Contact:  Sinclair Hubard, (540) 434-5981, Sinclair.Hubard@drs.virginia.gov 

Norfolk 
April 3, 2009, 1:30pm - 4pm 
Endependence Center 
6300 E. Virginia Beach Blvd., Norfolk 
Contact:  Linda Johnson, (757) 461-8007 

Richmond 
April 3, 2009, 9am - 12 noon 
April 3, 2009, 1:30pm - 4pm 
April 3, 2009, 9am - 12 noon 
Virginia Department of Rehabilitative Services 
Central Office, 8004 Franklin Farms Drive, Richmond 
Contact:  Katie Benghauser, (804) 525-7730, Katie@seniornavigator.org 

================================================== 
The Virginia Board for People with Disabilities is moving on March 27.

Our new address is: 1100 Bank Street, 7th Floor
Washington State Office Building
Richmond, VA 23219

Our phone numbers, website, and email addresses will not be changing.

NEXT

DMHMRSAS Commissioner Encourages Others to Consider Their Use of the “R-Word”

National advocacy day works to eliminate derogatory use of “retarded” in casual conversation

Richmond – March 31, 2009 marks a national day to bring an end to the use of the “R-word” in casual conversation. Led by the Special Olympics, “Spread the Word to End the Word” is meant to encourage people to stop using forms of the word “retarded” in a derogatory manner that is offensive to individuals with intellectual disabilities, their families and others.

“People often use the word ‘retarded’ or ‘retard’ in casual conversation without realizing how hurtful it can be to individuals with intellectual disabilities,” said DMHMRSAS Commissioner James Reinhard, M.D. “The use of ‘retarded’ in a derogatory sense contradicts remarks of families who say their special needs family member lives a fulfilled life and is a source of joy and inspiration to others. I hope people will take this occasion to consider the prejudicial and inaccurate nature of this word.”

In the 2009 Session, the General Assembly passed legislation to change the name of the Department of Mental Health, Mental Retardation and Substance Abuse Services to the Department of Behavioral Health and Developmental Services. The new name eliminates the term retardation, more broadly reflects the department’s mission, and allows flexibility to grow into other service areas, like autism. The name change will be effective on July 1, 2009.

“Although our department’s name is not intended to be disparaging, the use of the term retarded is out of date and insensitive to individuals with intellectual disabilities,” said Reinhard. “We are grateful to the General Assembly and the many advocates who supported this name change.”

NEXT, A READER HAS THIS TO SAY
Good Neighbor Village Henrico County, Richmond, VA

Keith -
Not too many parents are aware of a lovely organization located outside Richmond, VA serving Intellectually Disabled adults. Good Neighbors Village has been in the business for over 20 years. They have three group homes on 43 acres - go take a look at www.goodneighborvillage.org. They use the 'R' word as a tag but only so that more people can find them - they are definitely not retro in their attitudes/approach to working with this population. They are private pay BUT they are far less expensive than anything in the Northern Virginia area. I know this for a fact as my daughter is a resident there. We love it. I'm leaving just now to go spend the day down there - we are so grateful to have found a decent place for her to live in state.

AND
Special Olympics challenges Barack - Bring it on!
http://www.tmz.com/2009/03/20/special-olympics-champ-to-barack-bring-it-on/

Obama likens his bowling game to Special Olympics
http://voices.washingtonpost.com/sleuth/2009/03/obama_likens_his_bowling_game.html

National Federation of the Blind Celebrates Release of the 2009 Louis Braille Bicentennial Silver Dollar 

This is being done to support Braille literacy for blind children in our schools...

http://www.nfb.org/nfb/NewsBot.asp?MODE=VIEW&ID=427

Youtube Video announcing Louis Braille Coin:
http://www.youtube.com/watch?v=59j2TBuRPCk

NEXT
HUD Notice of $1.5 Billion in Homeless Prevention Funds
As part of the Recovery and Reinvestment Act of 2009, $1.5 billion is being allocated to communities to either prevent individuals and families from becoming homeless or to help those experiencing homelessness to be quickly housed and re-stabilized.  The U.S. Department of Housing and Urban Development has issued a public notice on the availability of these funds and requirements for the Homeless Prevention Fund.  See: http://www.hud.gov/recovery/hrp-notice.pdf

FINALLY
Voices Launches New Kids Data System

IMPROVED KIDS DATA SYSTEM LAUNCHED

Voices has launched an expanded and improved KIDS COUNT data system. Virginia KIDS COUNT is part of an on-going nationwide effort to monitor key statistical indicators of the well-being of children. Supported by the Annie E. Casey Foundation, KIDS COUNT gives Virginia policy makers, researchers, government and elected officials, funders and others ready access to more than 100 up-to-date statistical indicators of health status, educational achievement, poverty and socio-economic status, family and community demographics reflecting overall child well-being and risk factors that threaten well-being. 

“These enhancements take the system to the next level – from very good to great,” according to Frank Beylotte, KIDS COUNT Director at Voices. “It’s even friendlier and easier than before, with better tools for finding, organizing and reporting the data. Even veteran users will be amazed by the new functions.”

”The new data center can be accessed from Voices’ web site http://vakids.org/work/kcdata.htm . Technical assistance is available by contacting KIDS COUNT Director Frank Beylotte at frank@vakids.org .


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

Keith-

========================================================
1. HOUSING INFORMATION: OMNIBUS ACT & STIMULUS BILL
2. COMMUNITY-BASED SERVICES ARE COST EFFECTIVE
3. SIMPLE AND STRAIGHTFORWARD
4. TWO YEARS TOO LONG
5. IS THERE A (MEDICAL) HOME IN YOUR FUTURE?
========================================================
********************************************************
HOUSING INFORMATION: OMNIBUS ACT & STIMULUS BILL
********************************************************  
Housing Information: Omnibus Act and Stimulus Bill. Information Bulletin #282  (3/09).

The previous Information Bulletin discussed housing and Low-Income Housing Tax Credits.  This discusses a number of other housing programs in both the Omnibus Appropriations Act for 2009 and the Stimulus Bill.

All of the funds will be subject to the requirements in Section 504 of the Rehabilitation Act, including a minimum of 5% accessible units for people with physical disabilities and another two percent for people with hearing and visual disabilities, targeting the units for people who require the accessibility features, and providing reasonable accommodations.

1.  Congress has $30 million for 2009 housing choice "Mainstream" vouchers to be used only for non-elderly people with disabilities.  That's about 3,400 new vouchers - Mainstream Vouchers.  These are competitive vouchers and must be applied for them.

Interestingly, we do not know how many of the 2008 Mainstream vouchers were actually applied for and appropriated.  Some unconfirmed rumors have it that there may be1,500 not used. Hmm.

Advocates should be talking with their housing authorities, housing finance agencies, nonprofits (and other folks) about applying for these competitive vouchers. Advocates should be asking their housing authorities IF they applied for the 2008 vouchers.  Because these Mainstream vouchers are so competitive, here's some suggestions advocates might want to consider:

For those States that have received Money Follow the Person grants, here's a lot of new vouchers that could be used to help people transition out of institutions-if your State and your Housing Authorities work together and apply.  We're confident HUD will look favorably on this type of proposal.

For those States that want to maximize the number of people who transition out of institutions, how about using these 2008 and 2009 Mainstream vouchers together with HOME's Tenant Based Rental Assistance vouchers.  How about working with your State and Housing Authorities to put together an intelligent package of a number of housing components to transition people out of institutions.  We're confident HUD will look favorably on this proposal, too.

Mainstream housing vouchers are very competitive, so this is a great opportunity for advocates to help your State and Housing Authorities increase their competitiveness.

2.  $4 billion was appropriated for Housing Authorities' capital funds to modernize and develop public housing. About $3 billion will be allocated by formula and you can go to the HUD website for a state by state breakdown.  Another $1 billion will be competitive. HUD will soon issue a Notice of Funding Availability for the criteria.

It's really important that disability advocates make sure these funds are used to substantially increase the number of fully accessible units. There really is no excuse in 2009 for any new construction or substantial rehabilitation not being fully accessible.  When constructing and substantially rehabilitating, it is not a cost issue to make the units accessible.

Advocates must be at the table with your Housing Authorities.

3.  Under the Community Development Block Grant (CDBG) program, Congress increased the allocation by $1billion.  These funds can be and we must demand should be used to rehabilitate affordable housing.  Too often, jurisdictions that received CDBG used only a very small percent of the funds on housing.  These funds can also be used to provide rental subsidies for people with disabilities to leave institutions. In the past, again, very few jurisdictions used CDBG funds for this.

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.

********************************************************
COMMUNITY-BASED SERVICES ARE COST EFFECTIVE
********************************************************
Community-Based Services are Cost Effective. Information Bulletin # 281 (3/09)

Two recent studies/reports document the many ways Medicaid's Community-Based Long Term Care Services are cost-effective as compared to expensive institutional nursing facilities:

1.  "Do Non-Institutional Long-Term Care Services Reduce Medicaid Spending?" written by H.S Kaye, M. LaPlante, and C. Harrington.  It is in the journal Health Affairs, vol 28, no 1 (Jan/Feb 2009). http://content.healthaffairs.org/index.dtl

2.  "Taking the Long View: Investing in Medicaid Home and Community-Based Services Is Cost-Effective" written by R. Mollica, E. Kasser, L. Walker, and A. Houser. It is in the publication entitled INSIGHT on the Issues, vol I26 (March 2009), a publication of the AARP Public Policy Institute.  www.aarp.org/ppi

Do your legislatures really want to save Medicaid funds?

As your legislatures discuss/threaten reducing Medicaid expenditures and as they do not discuss "rebalancing" institutional versus community-based expenditures but want to keep people unnecessarily institutionalized, these two reports from nationally recognized and extremely well-respected organizations support your arguments.

Are your newspapers and editorial boards aware of the overwhelming data that exists?  Are legislators and their staff aware?  Probably not. Meet with them and share these reports with them.

Do you Congressional representatives and U.S. Senators, who still do not support the Community Choice Act, know that the CCA will be cost effective?  Again, probably not.

Advocates - use the above two reports!

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.

********************************************************
SIMPLE AND STRAIGHTFORWARD
********************************************************
Simple and Straightforward

April 2, 2009 • Volume 9, Issue 13

The Centers for Medicare & Medicaid Services (CMS) took important steps this week toward cleaning up the marketplace for Medicare private health plans. In the 2010 Call Letter, which sets the contract terms for next year, CMS told the insurance companies to consolidate their plan offerings by eliminating plans that have low enrollment or offer substantially similar benefits as other options offered by the same company. CMS is looking for companies to come up with no more than three options for each market, with each option presenting a meaningful difference for the consumer, such as the choice between an HMO and a PPO.

This directive should go a long way toward reducing confusion in the marketplace and clarifying the choices available to consumers. When consumers are frustrated and confused by their coverage choices, they are more likely to give in to the pat answers and high pressure tactics of unscrupulous agents out for a quick buck. Agents who are trying to give their clients affordable, quality coverage will have an easier time identifying and explaining the best coverage options.

Even more importantly, CMS made it clear that plans will no longer be able to design benefits to discriminate against consumers with serious health problems. We hope that means no more benefit packages that begin charging daily copays for care at skilled nursing facilities before the 21st day, which is when Original Medicare starts to assess daily copays.

The agency is pushing all plans to set an annual out-of-pocket limit for ALL medical services of $3,400. We hope that means that plans will no longer be able to advertise an out-of-pocket limit and carve out certain services in the fine print, making enrollees pay unlimited copays for doctor visits or chemotherapy drugs.

The first step in implementing these reforms is a rigorous review of the benefit packages submitted by the plans. The second step will involve simplifying the information consumers receive about benefit packages on medicare.gov, in the Medicare and You handbook and in the marketing materials provided by the plans. For example, consumers should know, without calling the plan or hunting through the fine print, that the plan’s out-of-pocket limit includes all Medicare-covered medical services.
(thax medicarerights)

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TWO YEARS TOO LONG
********************************************************
Two Years Too Long

March 26, 2009 • Volume 9, Issue 12

Raymond Waddell was in his 30s when he was diagnosed with small-cell lung cancer, which prevented him from continuing his work as an upholsterer. Following his diagnosis, Medicaid paid for his chemotherapy until he began to receive his $768 monthly Social Security Disability check and his income rose over Medicaid's limit.

Raymond had to discontinue his radiation treatment because he could no longer afford medical care. With the help of a social worker he was able to identify a charity hospital—at this point, however, his condition had spread to his brain and he began having seizures.

Raymond had to rely on free drug samples and charity care for radiation, but was unable to get charity coverage for chemotherapy. He went without chemo and his condition continued to worsen—leading to numbness in his arm and fingers. Eventually his condition was so bad that he was admitted to a charity hospice.

Raymond died after entering hospice. There is no doubt that his last months would have been less difficult for him and his family if he were able to afford the necessary treatment and medications instead of having to forgo care.

Stories like this one are the reason the Medicare Rights Center and a broad coalition of advocates for people with disabilities have made it a priority to eliminate the two-year waiting period this year, when health reform is on Congress’s agenda.

Nearly 7 million Americans under age 65 qualify for Medicare due to severe and permanent disabilities. However, their coverage doesn’t begin when they first become disabled. The law states that they must wait two full years from the date their Social Security Disability Insurance begins before they can receive Medicare. This is a cruel and senseless policy that must be fixed.

This 24-month waiting period exposes millions to financial hardship, pain and suffering. Nearly 40 percent of people with disabilities are without health insurance coverage at some point during their wait for Medicare, often when they can no longer afford the cost of continuing COBRA coverage from a former employer. Nearly 24 percent have no health insurance during this entire period.

The waiting period produces many heart-wrenching stories of struggles to obtain health care while living on a limited income. Now is the time to act to make sure that the elimination of the two-year waiting period is a part of any health care reform package.

Please write your senators and representative and ask them to cosponsor the Ending the Medicare Disability Waiting Period Act of 2009, introduced by Senator Jeff Bingaman (Democrat of New Mexico) and Representative Gene Green (Democrat of Texas).
(thax medicarerights)

********************************************************
IS THERE A (MEDICAL) HOME IN YOUR FUTURE?
********************************************************
Is There a (Medical) Home in Your Future?

Last month, UnitedHealthcare and IBM announced plans for a collaboration with select primary-care physician practices in Arizona to launch a new health care initiative called the "Patient-Centered Medical Home" (PCMH) model.  

The new pilot program, open to UnitedHealthcare's employer-sponsored, Medicare Advantage and Medicaid health plan customers, will include four to six primary-care practices from UnitedHealthcare's physician network in Phoenix and Tucson. UnitedHealthcare will provide the selected primary-care practices with technology, infrastructure support and care coordination, with the goal of leveraging improved information systems to enhance patient access to care, the quality and safety of the care experience, and patient satisfaction with health care providers, according to a press release from the company.

The Medical Home

The concept of a "medical home" for patients emerged originally out of pediatrics, where practitioners believed that children with special needs would benefit by having one primary physician who would coordinate the complex range of goods and services that many such children require.

More recently, many primary care specialties, including the American Academy of Family Practice and the American College of Physicians, have endorsed the concept of the patient-centered medical home, a practice model developed primarily to address the needs of patients with chronic conditions.

In this model, patients receive more comprehensive and coordinated care from their primary care physician, or "medical home," rather than fragmented and episodic care from various health care providers or facilities operating without all the information needed to define a safe context for care.  

Primary care physicians partner with their patients to understand their needs and preferences, manage their health care, and facilitate any care needed from other professionals. The model places special emphasis on preventing disease and improving the care of chronic conditions, and emphasizes behavioral health support and patient education - not simply the diagnosis and treatment of injury and illness.

The company says that UnitedHealthcare and IBM expect the PCMH model of care will, over time, assist in lowering overall health care costs for patients and their employers by reducing emergency room visits, hospitalizations and disabilities that result from the lack of immediate access to primary-care physicians when people have medical needs.

In these times of rising health care costs amidst economic turmoil, policy makers are looking for ways to reduce those costs and improve the quality of patient care. The medical home is one approach.

However, the model faces a number of barriers to success. The model presupposes a collaborative approach between the primary care physician (the medical home) and specialists and hospital in the care of patients with acute or chronic care needs. Although financial incentives may be put in place to reward the medical home for coordination of care, what incentives exist for hospitals and specialists to collaborate with the medical home?

Furthermore, while the patient-centered medical home may improve the quality of care (especially for chronic-care patients), will the additional costs of the model more than offset the potential savings in reduced hospitalizations and acute-care episodes experienced by such patients due to fragmented and uncoordinated care? Right now, no one knows. If the result is an actual increase in costs, health insurers and payers such as Medicare may conclude that bearing the additional costs of the medical home is unacceptable.

If so, notwithstanding the real benefits to patients, the patient-centered medical home may wither away as just another good idea that did not turn out so good, such as capitation, managed care, and maybe even pay-for-performance.

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

===============================
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://dac4va.org/main.htm 

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



++



========================================================
DAC News V9-#19  Monday, March 16, 2009 -- No Vote, No Voice!   
========================================================
Doesn't it amaze you that AIG who has received $170 Billion in your tax money from the government bail-outs are now paying their Executives (who helped AIG go broke), $165 Million in bonus money? I would think before the Feds rushed in to give away Billions of dollars that at least they had a plan written in easy to understand language saying: "the money you are getting on loan (haha) is for saving AIG and not your sorry selves for helping cause this depression nor to reward those that helped get our economy in the shape that its in" but what do I know? Maybe the Feds could use the "clawback" option......nah, too easy........ a written set of instructions would require a "real" plan or idea so I guess the Feds just play along until somebody really understands. Ahhhhhh, its only money......don't worry China we are liquid as long as we have ink for our printing press...........

NEXT
Virginia's No Wrong Door Initiative: 2009

The Commonwealth of Virginia is improving the current system of long-term support and care. Many initiatives are being developed and implemented by state and local public agencies in partnership with for-and not-for-profit agencies and organizations.  No Wrong Door is one of these initiatives.

Virginia's No Wrong Door initiative is a collaborative public/private effort between the Virginia Department for the Aging (VDA), Department of Rehabilitative Services (DRS), Department of Medical Assistance Services (DMAS), Department of Social Services (DSS), Department of Mental Health, Mental Retardation and Substance Abuse Services (DMHMRSAS), Office of the Attorney General (OAG), Virginia Board for People with Disabilities (VBPD), Community Integration for People with Disabilities, 2-1-1 VIRGINIA, SeniorNavigator, a 501(c)(3) non-profit organization, select Area Agencies on Aging (AAAs) and their local governments and local providers and consumers.

The No Wrong Door initiative connects public and private agencies and providers through the development of single, coordinated systems of information, referral, and access to aging and disability long-term support services. These systems are developed at a regional level under the direction of the Area Agency on Aging. The local Area Agency on Aging coordinates the No Wrong Door initiative with the help of Advisory Councils. The Advisory Council is a place where agency representatives come together to educate one another about services offered, coordinate their services, and plan for current and future needs.  Currently, ten regions of the state are involved in the No Wrong Door initiative. These are listed by contract award year:

2006:
Senior Connections, The Capital Agency on Aging, Richmond (804) 343-3000
Valley Program for Aging Services, Waynesboro (540) 949-7141
Peninsula Agency on Aging, Newport News (757) 873-0541

2007:
Mountain Empire Older Citizens, Inc, Big Stone Gap (276) 523-4202
Rappahannock-Rapidan Community Services Board, Culpepper (540) 825-3100
Bay Aging, Urbanna (804) 758-2386

2008:
Prince William Area Agency on Aging, Manassas (703) 792-6400
Shenandoah Area Agency on Aging, Front Royal (540) 635-7141
LOA-Area Agency on Aging, Roanoke (540) 345-0451
Senior Services of Southeastern Virginia, Norfolk (757) 461-9481
The benefits of No Wrong Door are many.  The most exciting benefit is that public agencies and participating private providers will be able to share client information in a confidential and secure manner through a web-base software system.  This system includes an information and referral tool that is integrated with a comprehensive provider database, a comprehensive client assessment, and case management tool.  Individuals receiving services through these No Wrong Door participating agencies will have to tell their story only once and their information can then be sent to other agencies electronically with the person's permission.  Because the providers use the same system, individuals will receive consistent information about services and support options no matter where they enter the system within that network. 

Implementation of the No Wrong Door Initiative among the Area Agency on Aging regions vary according to award schedule, collaboration with other local public agencies, and program funding received by local private and public sources. Additionally, the number of local agencies using all or part of the web-based software will also vary in each locality. The ability to share information will allow agencies to provide their clients with efficient and effective access to the services that address client needs and preferences.

In addition, the No Wrong Door initiative has given the public immediate access to information about support services for seniors and individuals with disabilities through Virginia Easy Access (www.easyaccess.virginia.gov). Virginia Easy Access is a web portal that is full of helpful information about services and supports that are available across the Commonwealth for seniors, adults with disabilities, their caregivers and the providers that support them. Virginia Easy Access is the gateway to the VirginiaNavigator provider database.  This provider database will help individuals find local services and supports.  The database is constantly updated in order to make sure the most comprehensive list of providers is available. 

Virginia Easy Access is also supported by 2-1-1 VIRGINIA.  Individuals can ask a question by e-mail and get a response back from the 2-1-1 VIRGINIA Community Resource Specialist.  For people that do not have access to the Internet at home or at their local library, a phone call to 2-1-1 anywhere in Virginia will connect you with one of the Commonwealth's 2-1-1 VIRGINIA Community Resource Specialists. By dialing 2-1-1, a trained professional listens to your situation and refers you to resources using one of the largest databases of health and human services in Virginia. These resources include government, nonprofit, community-based agencies, and businesses that provide health and human services. Referrals are confidential.

No Wrong Door is the Commonwealth of Virginia's approach to delivering convenient and efficient access to adult health and human services.  Agencies on Aging and their local collaborating partners, the Virginia Easy Access website and connection to the VirginiaNavigator database of providers, and 2-1-1 VIRGINIA are all part of the No Wrong Door Initiative. For more information about the No Wrong Door Initiative where you live, contact your local Agency on Aging.

NEXT <---maybe Congress should come?????
Go fly a kite!
Join the kite-flying fun at the West Hampton Community Center on March 21 from 1 PM to 3 PM.  People of all ages -- and all abilities -- are invited to watch a professional kite show, learn about flying a kite, and check out the beautiful kite displays. For more information, please call 896-4692 or 727-1602.

NEXT
Ticket to Work and Chronic Homelessness Webinar: 

Let’s Dig Deeper
Thursday, March 26, 2009, 2:00 – 3:00 PM EST

The Social Security Administration (SSA) and CESSI, the Ticket to Work Program Manager for Recruitment and Outreach (PMRO), invite you to participate in a Ticket to Work Webinar for entities providing transition-to-work services to the chronic homelessness population. 

This webinar, hosted by Cornell University's Employment and Disability Institute, will be an interactive session that will focus on an Employment Network (EN) model illustrating the potential income that can be generated by helping persons with disabilities achieve certain employment milestones and outcomes.

This will be a follow-up to the National Ticket Teleconference, “Training to Help Homeless People with Disabilities Go to Work,” which was held on December 9, 2008.  A topic that generated a lot of interest on that call related to the potential revenue stream that SSA's Ticket to Work Program can provide. For background information and to access the archived teleconference, please visit: www.cessi.net/ttw/en_menthealth-UCP/en_info4.html.

NEXT
People with Disabilities - Transportation Survey

In conjunction with a grant received from the Federal Transit Administration, Meeting the Challenge, Inc. is conducting a national survey designed to collect information from people with disabilities regarding their experiences with public transportation. Information gathered will be used to determine what barriers still exist in public transportation for people with disabilities and will be used to create Americans with Disabilities Act (ADA) technical assistance materials directed toward alleviating those barriers.

This on-line survey can be accessed from this link: http://mtcinc.transit.sgizmo.com  It will take from 5 to 15 minutes to complete.

If you know someone who does not have Internet access and would like to participate the survey can be completed by phone by calling Meeting the Challenge at 800-864-4264 (select menu choice #2), Monday through Friday between 9 AM and 4 PM (MT). If you prefer a paper copy of the survey, call the same phone number.

Responses to the survey will be collected through March 31.

Please forward this e-mail to any individuals with a disability or to any groups serving individuals with disabilities that you feel would be appropriate respondents. We thank you for your participation and assistance!

Cristi L. Harris
Special Projects Director
Meeting the Challenge, Inc
Colorado Springs, CO
(719) 444-0252 ext. 108
charris@mtc-inc.com

NEXT
Do Blind people hear better: Truth or Myth?
http://health.msn.com/health-topics/articlepage.aspx?cp-documentid=100234436>1=31036

BBC: Oxygen therapy benefit in autism
http://news.bbc.co..uk/2/hi/health/7940149.stm

NEXT
The Virginia Board for People with Disabilities is moving on March 27. 

Our new address will be

Washington State Office Building
1220 Bank Street, 7th Floor
Richmond, VA 23219. 

Our phone numbers, website, and email addresses will not be changing. 
  ================================================== 

Virginia Board for People with Disabilities
Seeks Partners In Policymaking Class of 2010 

Are you an adult with a developmental disability or the parent of a young child with disabilities?  Do you want to be a more knowledge and effective advocate for your own or your child’s rights?  Do you want to join a statewide corps of Virginians who have chosen to be active participants in the public discussion of policies and practices that affect the lives of people with disabilities?  If so, the Virginia Board for People with Disabilities is currently recruiting for individuals to participate in its 2009-2010 Partners in Policymaking advocacy training program. 

Partners attend eight two-day sessions in Richmond between September and May led by state and national experts who prepare them to use the power of advocacy to change the way that they, their families, and others with disabilities are understood, supported, taught, live, work, and play in their communities.  Training sessions cover the history of the disability rights movement, self-advocacy, independent living, supported employment, building inclusive communities, natural supports, legislative advocacy, assistive technology, communications, and team building. 

All expenses for training, lodging, meals, and travel are covered by the Board, which also works with participating self-advocates to arrange personal care support services and with parents to arrange respite care.  In return, participants must agree to complete all homework and class assignments as well as one major project designed to demonstrate their new competencies. 

Each year’s Partners class features a diverse group of highly motivated individuals representing a wide range of backgrounds and abilities from all across Virginia. 

Applications to participate in the Class of 2009-2010 must be received by no later than by April 30, 2009.  Online submission of applications is strongly encouraged. 

Information and applications can be obtained at www.vaboard.org/policymaking.htm or by contacting: 

Teri Barker, Sponsored Programs Manager, Teri.Barker@vbpd.virginia.gov, 804-786-9381 
Or Erin Hickey, Sponsored Programs Assistant, Erin.Hickey@vbpd.virginia.gov, 804-786-3456 

Partners in Policymaking
Virginia Board for People with Disabilities
Ninth Street Office Building
202 North 9th Street, 9th Floor
Richmond, VA  23219
800-846-4464 (TTY/voice)
804-786-1118 (fax)

NEXT, ART CONTEST
Competition for Young Artists with Disabilities
VSA Arts and Volkswagen
Deadline: June 19, 2009
Number of Awards: 3
Award: 1st prize: $20,000, 2nd prize: $10,000, 3rd prize: $6,000
http://www.vsarts.org/PreBuilt/showcase/gallery/exhibits/vw/current/

The program is open to artists between the ages of 16 and 25 who are living in the United States and who have a physical, cognitive, mental, or sensory disability. Submissions must be original work completed within the last three years and after the onset of disability. Eligible media include, but are not limited to, paintings and drawings (oil, watercolor, acrylic, pencil, or charcoal), fine art prints, photography, computer-generated prints, digital art, and time-based media (video, film). Work must have a visual component. Both representational and abstract work are welcomed.

AND
Alliance Action Alert: Prince William Foreclosure Reb Acquisition Program; UWNCA NOFA

Prince William County Office of Housing and Community Development and City of Manassas Housing Trust Fund announce a HUD funded program Foreclosure Rehabilitation Acquisition Program (FRAP) designed to help qualified homebuyers purchase foreclosed homes in local targeted areas in Prince William County, the City of Manassas and the City of Manassas Park.

The FRAP program offers new homebuyers:

homeownership education,
loans for downpayment, closing costs, rehabilitation, energy improvements,
eligibility up to 120% area median income,
no requirement to currently live or work in the locality,
no first time homebuyer requirement,
no waiting list. For detailed information on the FRAP program, and dates for information sessions on the application progress, go to http://www.pwcgov.org/docLibrary/PDF/009687.pdf

United Way National Capitol Area announces the availability of up to $250,000 through its Affordable Housing Initiative.  The funds are to be used to address foreclosure assistance and prevention efforts within the National Capital Area.

· Responses are due no later than 5:00 EST, March 25, 2009.
· Nonprofits located in and serving the national capital area are eligible to apply.
· Note to UWNCA member agencies: This application process is separate from the    Community Impact Fund or Child Wellness Initiative Fund processes. You may apply to all UWNCA Funds, provided your respective applications meet the requirements
of each process.

· Go to http://www.unitedwaynca.org/wehelp/affordable.housing.html.

Questions?  Email Angie Rodgers at arodgers@uwnca.org

NEXT
Washington Post Article TODAY on the "MR GRADS"-Post a comment

A Step Back for Disabled Youths
Families Fear Cuts in County Services May Harm Progress of Mentally Challenged

Please go to:http://www.washingtonpost.com/wp-dyn/content/article/2009/03/11/AR2009031101377_pf.html

And Post YOUR comment Today!
We need to let people know what the impact will be--Many thanks to the Yates, Lacherens for sharing their stories. Please attend the March 19.2009 Meeting at Marshall H.S. between 7:00-8:30 p.m.!

Nancy Mercer, The ARc of Northern Virginia

FINALLY
9th Annual Multiple Perspectives Conference 4/28 - 4/29

REGISTRATION IS OPEN
The Ninth Annual
Multiple Perspectives on Access, Inclusion, and Disability
Change, Challenge, & Collaboration
April 28 - 29, 2009
The Ohio State University Campus, Columbus Ohio
http://ada.osu.edu/conferences.htm


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

Keith-

========================================================
1. MEDICAID STIMULUS? STATES PLAYING GAMES
2. NATIONAL HEALTH LAWS STATE MAINTENANCE EFFORT 4 FMAP
3. DEAR MARCI - WHERE CAN I GET AFFORDABLE CARE?
4. SpEd - WORKSHEETS WITH A PURPOSE
========================================================
********************************************************
MEDICAID STIMULUS? STATES PLAYING GAMES
********************************************************  
Medicaid Stimulus? States Playing Games. Information Bulletin #278 (3/09).

Two provisions of the recently enacted Congressional Stimulus program continue to raise elderly and disability advocates' questions and concerns: how do we deal with states that want take the increased match of federal Medicaid funds, while at the same time avoiding what Congress required and intended the states to do.

Let's begin with the purpose of the entire Stimulus program.  Congress intended to stimulate/increase/maintain Medicaid spending to "minimize and avoid reductions in essential services and counterproductive... tax increases." The stimulus was not to use the increased federal funds so Medicaid's funds could then be redirected in non-Medicaid programs.

Here are some questions asked.

First, can a state reduce the level of its Medicaid services and still receive the increased Federal Medical Assistance Percentage (FMAP)?

No.  Congress set July 1, 2008 as the floor.  Section 5001(f)(1)(A). Congress expressly stated that a "State is not eligible for an increase in its FMAP...  if procedures under its State plan are more restrictive than the ...  procedures under such plan (or waiver) as in effect on July 1, 2008."

Any Medicaid "procedure" in its services, programs, and limitations in services or programs, number of people participating in the programs, etc., could not be "more restrictive" than existed on July 1, 2008.  For a state to be eligible for the increased FMAP, July 1, 2008 is the floor. Congress even recognized that some states may have restricted their Medicaid procedures sometime between July 1, 2008 and the date of the Stimulus enactment, and Congress permit those states to receive the increased FMAP if those state "reinstate" the "procedures ... under such [State} plan as in effect on July 1, 2008."

Here are some specific examples:  states might want to save Medicaid funds by reducing the number of people in Medicaid waivers to fewer than it had on 7/1/08, reducing the cost estimates for services in waivers, or changing the cost neutrality from the aggregate to an individual basis. Those examples are the result of "more restrictive" procedures than existed on July 1, 2008 and would disqualify a state from receiving the enhanced FMAP.

Similarly, a state could not impose more restrictive procedures to determine if a person meets the eligibility standards for Medicaid or for a specific Medicaid program.

Second, can a state save its Medicaid funds, use them for non-Medicaid purposes and still receive increased FMAP?

No.  Stimulus' increased FMAP is statutorily required to be used for the reimbursement of only "Medical assistance" services and programs - not roads, bridges, infrastructure.  That's been the statutory definition and requirement of FMAP under Medicaid, and the Stimulus program did not change either the FMAP's definition or requirements.

The increased Stimulus FMAP was not meant to be used so a state could "save"  its other Medicaid funds, because it will receive the increased FMAP.  That could directly undercut the purpose of avoiding reductions in Medicaid expenditures and the mandatory requirement that FMAP be used only for Medicaid services.

In Section 5001(f)(3), Congress explicitly wrote that a "State is not eligible for an increase in its FMAP ... if any amounts [of Medicaid funds] attributable (directly or indirectly) to such [FMAP] increase are deposited or credited into any reserve or rainy day fund of the State."

If a state were to take the FMAP, reduce/decrease/save - even indirectly - its funds in a Medicaid program, and then apply/credit that amount in any "reserve," this reduction/decrease/savings would violate the Stimulus program.

We've heard rumors of states already "playing games."  Heck, if the banks can play footloose and fancy free, why not the states?  What will be the federal oversight and enforcement?  Will CMS ensure full enforcement? What should and will advocates do in those states playing games with elderly and disabled low-income persons?

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.

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NATIONAL HEALTH LAWS STATE MAINTENANCE EFFORT 4 FMAP
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Given the number of people who are continuing to ask questions about the Stimulus plan and Medicaid, we are sending a document prepared by the National Health Law Program entitled 'State Maintenance of Effort Requirements for Enhanced FMAP.' Prepared by Randy Boyle and Jane Perkins.

March 10, 2009

The Federal Medical Assistance Percentage (FMAP) is a federal payment to the state for Medicaid services covered by the state. The amount of the state's FMAP is adjusted annually and depends on the per capita income of the state. States with lower per capita incomes receive ahigher FMAP, which can range from 50 percent to 83 percent. See 42 U.S.C. B' 1396b(a).

The American Recovery and Reinvestment Act of 2009 (ARRA), Pub. L. No. 111-5, augments states' FMAPs for a "recession adjustment period" that will run from October 1, 2008 through December 31, 2010. ARRA, B' 5001.

States can obtain the enhanced FMAP only if they meet specified conditions. For example, to qualify for any enhanced FMAP, states and territories must maintain the "eligibility standards, methodologies, and procedures" in effect on July 1, 2008. ARRA, B' 5001(f)(1)(A). The Secretary of DHHS cannot waive this provision. Id. at B' 5001(f)(4).

ARRA grace period. ARRA provides a grace period for states that have recently enacted restrictive provisions. If a state implemented more restrictive eligibility standards,methodologies or procedures after July 1, 2008 but before February 17, 2009 (the date of ARRA's enactment), it has until July 1, 2009 to return to the July 1, 2008 standards. If it makes this change, the state can obtain the full increased FMAP for expenditures back to October 1, 2008. Id. at B' 5001(f)(1)(C). If a state otherwise reinstates eligibility standards as they were on July 1, 2008, the state becomes eligible for the full increased FMAP beginning in the quarter in which the state has reinstated eligibility. Id. at B'
5001(f)(1)(B).

States have an incentive to reinstate coverage as soon as possible in order to obtain the increased FMAP payments at the earliest possible date. Indeed, the states initially cited by the Obama administration as not qualifying for the enhanced FMAP due to post July 2008 restrictions (e.g. NC, VA) have already taken the steps needed to reinstate coverage. Department of Health & Human Services, American Recovery and Reinvestment Act (PL 111-5) Sec. 5001 Grant Award Summary, at http://hhs.gov/recovery/statefunds.html (accessed March 8, 2009).

Application to Medicaid. The maintenance of effort requirement applies to Medicaid standards, methodologies and procedures, including any waiver under Title XIX or under section 1115 of the Social Security Act. Id. For example, the requirement applies to managed care and home and community-based services waivers approved under section 1915 of the Social Security ct (42 U.S.C. B'B' 1396n) and to all demonstration projects operating pursuant to any authority nder section 1115 of the Social Security Act (42 U.S.C. B' 1315).

The "in effect" requirement. The maintenance of effort requirement applies to eligibility standards, methodologies and procedures "in effect" on July 1, 2008. Thus, ARRA is worded to include requirements contained in state statute; Medicaid agency regulation, written policy or practice; and binding court orders and/or consent/ settlement agreements.

Eligibility standards, methodologies and procedures. Finally, the requirement applies to "eligibility standards, methodologies, and procedures" in effect on July 1, 2008. In assessing state actions, the maintenance of effort provision must be read in conjunction with the purpose of ARRA. That purpose is to "protect and maintain State Medicaid programs during a period of economic downturn, including by helping to avert cuts to provider payment rates and benefits or services, and to prevent constrictions of income eligibility requirements for such programs, but not to promote increases in such requirements."  ARRA, B' 5000 (emphasis added). The following are examples of eligibility standards, methodologies, and procedures:

b" categorically and/or medically needy options selected by the state, for example noninstitutionalized disabled children (Katie Beckett), women with breast and cervical cancer, medically needy;

b" income eligibility cut offs, such as the percentages of the federal poverty level at which the state covers children, pregnant women, and/or the aged, blind and disabled;

b" medically needy income levels;

b" state definitions of disability;

b" countable income and income disregards when determining financial eligibility;

b" countable resources and resource disregards when determining financial eligibility;

b" exemptions of property for estate recovery purposes;

b" medically needy spend down (aka accounting or budget) period;

b" look back periods for purposes of assessing transfers of assets;

b" income and resource protections used to determine eligibility of an institutionalized spouse (spousal impoverishment provisions);

b" the number of waiver slots in a Medicaid home and community-based care waiver;

b" individual verses aggregate cost neutrality caps in home and community based waivers under title XIX;

b" premiums and other cost sharing levels;

b" continuous eligibility periods, such as 12-month continuous eligibility for children regardless of changes in income;

b" mail-in and/or face-to-face interviews;

b" outstationing locations for accepting and processing applications;

b" timeframes for making eligibility determinations and redeterminations;

b" qualifying entities for purposes of making presumptive eligibility determinations.

A pressing question involves changes in the amount, duration and scope of covered services that also affect eligibility. For example, some states use assessment tools to determine individuals' limitations in activities of daily living, and the scoring of those assessment tools, in turn, determines their level of care needs and Medicaid coverage. By altering the scoring methodology, a state can make fewer people eligible for institutional care and/or home and community based waivers. The outer parameters of the maintenance of effort requirement await clarification from the Department of Health and Human Services.

If your state is considering implementing a Medicaid policy that is more restrictive than its July 1, 2008 rules, please contact us. In particular, we understand that members of Congress are monitoring the extent to which states are proposing service cutbacks. Please contact us if service cutbacks are being proposed or implemented. We are also interested in hearing from advocates in states that may obtain enhanced FMAP for the medical assistance that has been provided but use it for non-Medicaid purposes, i.e. on highways or other infrastructure projects. Close monitoring by advocates will help ensure accurate reporting by states, which must report to the Secretary of the Department of Health and Human Services on how the increased FMAP funds were expended by the end of September 2011. See ARRA, B' 5001(g)(1)."

--
Steve Gold, The Disability Odyssey continues

Back issues of other Information Bulletins are available online at http://www.stevegoldada.com

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DEAR MARCI - WHERE CAN I GET AFFORDABLE CARE?
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Dear Marci,

Even with Medicare I’m having trouble paying for visits to the doctor. Can you recommend any hospitals or clinics that would offer more affordable care?
—Maureen (Quincy, MA)

--------------------------------------------------------------------------------
Dear Maureen,

There are hundreds of government-funded health centers around the country that provide medical care regardless of your ability to pay. They are generally run by the Human Resources and Services Administration. At these facilities, people with Medicare may have their Part B deductible waived. These centers may also waive or reduce the coinsurance for people with limited income. “Hill-Burton” programs also offer free or reduced-cost care (although will not pay for Medicare deductibles and coinsurances).

To find out more about government-funded health centers and Hill-Burton programs, go to Medicare Interactive.
http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=148

— Marci
(thax medicarerights)

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SpEd - WORKSHEETS WITH A PURPOSE
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Worksheets With a Purpose
Not all worksheets are created equally. Worksheets need a focus with promise of learning. I've listed a few here that have specific goals for some of the more common areas...read more

Self Monitoring for Behavior Concerns
Students with behavorial or emotional concerns will benefit from strategies that will help them to self-monitor their behavior. Some of those strategies include a safe place to focus, some teachers...read more

Accommodations in IEPs
If you have a child with special needs and an IEP has been developed, then you are probably quite familar with the term accommodations. In fact, accommodations are a...read more
(thax about.com)

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

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

Website:  http://dac4va.org/main.htm 

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

++

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DAC News V9-#18  Tuesday, March 03, 2009 -- No Vote, No Voice!   
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With the General Assembly over and Medicaid saved from draconian cuts it looks like we're safe for another two years unless this depression continues and drags our economy down further. I get a kick out of all the finger pointing going on as to why we are in this condition. Besides complacency, lack of oversight, and folks living beyond their means for way to long most baby boomers will no doubt work until death as their retirement packages have lost over 60% or more of their value. Unfortunately a few folks in high positions have helped to feed into this madness and everyone must pay the price to get back on our feet. We will survive but it might take longer than you expect. The trust has been lost with bankers, brokers, financial advisors and the accounting firms that kept this sham going until it tumbled down and this should teach you the most valuable lesson in all, be diversified. Even famous investor Warren Buffet lost 43% of his net worth so few were spared. But   this too shall pass with patience and hard work. So hang in there folks because this ride isn't over yet but in two or three years we might start seeing our way out of this. Depressions aren't easy and could last many years but hopefully someone will realize that raising interest rates to a controlled inflation rate will enhance our time to pull out faster than just printing money to throw on the fire. Of course being in these uncharted waters where nobody has been before all I have is an opinion, no better or worse than anyone else's.......just my thoughts.... kk-

NEXT - BE A TESTER FOR 2 DAYS, MAKE SOME BUCKS:)  (N.VA area)   
‘Want to be a Touchscreen Tester?

Since it was released, the iPhone has helped make touchscreens popular among wireless products.  Other manufacturers now offer similar products.  These manufacturers are interested in how useful and usable this type of product is for their customers with disabilities. 

To help answer this question, the Wireless RERC (Rehabilitation Engineering Research Center for Wireless Technologies) is planning to conduct user tests of touchscreen devices (like Apple’s iPhone) in the Washington, DC area.  They’d like to know if you’re interested in participating.  You don’t need experience with touchscreen devices to participate.  You don’t need to be a current wireless user. 

The testing would take place in March.  Each test would start with an orientation to the product, which takes about an hour.  You would then use the product over the next 2 days for voice communication, text messaging, and internet access.  You would pay no charges for this air time.  During the test period, a researcher would contact you by phone and by text message to see how you’re doing.  After the test is complete, he would meet with you to learn how useful and usable the touchscreen was for you.  You would receive $100 for participating. 

From those who respond to this invitation, 14 participants will be selected, representing a wide range of ages and abilities.  The findings of this project would be shared with manufacturers and providers of touchscreen wireless products.  The goal is to help make the next generation of touchscreen devices as usable and useful and possible for all customers, regardless of age or abilities. 

If you think you might like to be a part of this project, please contact:

Jim Mueller
Project Director, User Research
jlminc@earthlink.net
703-222-5808

NEXT
Accessible units at The Madison

We have five accessible affordable newly build units in The Madison.  Of the five apartments, we will have three one-bedrooms, one two-bedroom and one three-bedroom.  Some of them could be available as early as March 14, 2009.

Please let me know if you need more information.

Thank you,

Ivan Patino
Property Manager
Paradigm Management Company
703-522-0991

NEXT
Request from Kareem Dale - Special Assistant for Disability Policy to President Obama 

Kareem Dale - Special Assistant for Disability Policy to President Obama is looking for any person with a disability who has gone back to work or been rehired as a result of the economic recovery plan. For example, some company starts hiring again as a result of money they are going to receive.

He has asked that we disseminate his request to our various communities. He said this is important and time sensitive and will assist him in facilitating full inclusion of disability.

Please forward and respond to Kareem Dale directly.
Kareem Dale at: kareemdale@sbcglobal.net

NEXT
Proposed Revisions to the Regulations Establishing Standards for Accrediting Public Schools in Virginia
On February 19, 2009, the Virginia Board of Education approved for final review its proposed revisions to the Regulations Establishing Standards for Accrediting Public Schools in Virginia.  The proposed revisions will now proceed through the remaining steps required by the Virginia Administrative Process Act. 

The hyperlink below contains the following information:

1.  An agenda item summarizing the proposed revisions

2.  A summary of public comments covering the public comment period from September 1, 2008 to November 5, 2008

3.  The full text of the proposed revisions to the regulations

Should you have any questions, please call Michelle Vucci at (804) 225-2403 or (804) 225-2092 at the Virginia Department of Education Policy Office or contact policy@doe.virginia.gov .

Thank you.
Link to Virginia Board of Education Agenda Item – February 19, 2009:  http://www.doe.virginia.gov/boe/meetings/2009/02_feb/agenda_items/item_a.pdf

NEXT
SAMHSA Accepting Applications for $11 Million in Grants to Expand and Strengthen Treatment Services for Persons Who Are Homeless


The Substance Abuse and Mental Health Services Administration (SAMHSA) is accepting applications for fiscal year 2009 grants for the Development of Comprehensive Drug/Alcohol and Mental Health Treatment Systems for Persons Who are Homeless program.  The purpose of this program is to expand and strengthen treatment services for persons who are homeless (including those who are chronically homeless) and who also have substance use disorders, mental disorders, or co-occurring substance use and mental disorders.

SAMHSA expects that up to $11 million will be available for up to 33 grants of approximately $350,000 per grant for up to five years.  The actual award amount may vary, depending on the availability of funds and the progress achieved by the awardees.  Funds are available for grants in two categories: “General” and “Services in Supportive Housing.” Approximately $4.5 million per year of the $11 million will be used to provide services in supportive housing.  The remaining $6.8 million will be available for “General” Treatment for Homeless grants. The grants will be administered by SAMHSA’s Center for Substance Abuse Treatment. 

WHO CAN APPLY: Domestic public and private nonprofit entities are eligible to apply.  [See Section III-1 of the RFA for complete eligibility information.]

HOW TO APPLY: Applications for No. TI-09-006 are available by calling SAMHSA’s Information Line at 1-877-SAMHSA7 [TDD: 1 800-487-4889] or by downloading the application at http://dev.samhsa.gov/grants/2009/ti_09_006.aspx. Applicants are encouraged to apply online using www.grants.gov.

APPLICATION DUE DATE: April 30, 2009.  Applications must be received by the due date and time to be considered for review.  Please review carefully Section IV-3 of the application announcement for submission requirements.

ADDITIONAL INFORMATION: Applicants with questions about program issues should contact Bryant Goodine at (240) 276-2828 or bryant.goodine@samhsa.hhs.gov . For questions on grants management issues contact Kathleen Sample at (240) 276-1407 or kathleen.sample@samhsa.hhs.gov

NEXT
The Economic Recovery Act: More Money from the Government for Certain Folks


Here is some good news from the Internal Revenue Service about payments that some people might be eligible for under the new Economic Recovery Act.

A one-time payment of $250 will be made in 2009 to:

¨     Retirees, disabled individuals and Supplemental Security Income (SSI) recipients receiving benefits from the Social Security Administration.

¨     Disabled veterans receiving benefits from the U.S. Department of Veterans Affairs.

¨     Railroad Retirement beneficiaries.

The IRS will not make this payment -- unlike last year's economic stimulus program. Individuals who may qualify for this year's economic recovery payment should contact their respective agency for more information.

The Social Security Administration Web site has a special section on the economic recovery payment.

The economic recovery payment will be a reduction to any Making Work Pay credit for which the recipient qualifies. The Making Work Pay credit will be claimed on the recipient's 2009 tax return filed in 2010.

NEXT 
Regional Training on Promoting Wellness: An Integrated Approach to Homeless Service Delivery

March 10 – 11, 2009
New York City, NY

The Homelessness Resource Center (HRC) is hosting a FREE training on innovative strategies for providing homeless services and creating environments that are person-centered, recovery-oriented, and trauma-informed. Trainers will include national experts from HRC and its partners such as:

Center for Social Innovation (formerly Institute on Homelessness and Trauma)
Boston Health Care for the Homeless
National Center on Family Homelessness
National Health Care for the Homeless Council

Read More and Register
http://www.acteva.com/booking.cfm?bevaid=174386

AND
Commonwealth Council on Aging
2009 Best Practices Award Program 


The Commonwealth Council on Aging is pleased to announce the 2009 Best Practices Award Program targeted to organizations serving older Virginians and their families.  As we all struggle to meet the challenges of serving a rapidly aging population during a time of budget cuts and growing demand, we need to share our best practices and applaud our successes.  This Best practices Award program will do both.  It will recognize best practices in 8 different categories. 

Nomination forms and instructions may be obtained from the Virginia Department for the Aging at www.vda.virginia.gov. 

Nominations must be received by 5 PM on Friday, April 17, 2009. 

For more information, please contact Eugenia Anderson-Ellis at 804-643-3915 or Gene Davis at 434-971-5538. 

Virginia Department for the Aging
1610 Forest Avenue, Suite 100
Richmond, Virginia  23229
Toll-Free: 1-800-552-3402 (Voice/TTY)
Fax: 804-662-9354
aging@vda.virginia.gov

NEXT 
Save the Date! 

4th Annual “Strong Roots for a Healthy Future” Conference
July 11, 2009 at the Hotel Roanoke 

Resources for Physicians, Nurses, Other Health Professionals, Educators, Service Coordinators & Families of Children with Special Health Care Needs 

Featuring Keynote Speaker Dr. Michael Manos, Chief of Pediatric Behavioral Medicine, The Cleveland Clinic, plus 

  ---  Community Fair for Parents of Children with Special Needs to access resources 
  ---  Accessing Virginia’s Services for Children & Youth: Preventing Family Crisis 
  ---  Special Education Regulations Update 
  ---  How to Make the System and Your Doctor Work with You 
  ---  Special Needs Trusts: Your Child’s Life after You’re Gone 
  ---  Maintaining Your Child’s Mental Health 
  ---  Maintaining Family Mental/Emotional Health 
  ---  Future Planning: Your Child’s Life after School 

There will also be a networking "meet and greet" opportunity Friday night, for folks to mingle and get to know one another.  And as with previous years, day care will be available for Saturday. 

For more information, visit www.medhomeplus.org, or contact: 

Vicki Hardy-Murrell, RN-BSN, Director,
Virginia Federation of Families, a program of Mental Health America-VA
3212 Cutshaw Avenue, Suite 315
Richmond, VA  23230
Office:  (804) 257-5455
Toll free: 1-866-798-2363
Fax: (804) 257-5593
vhardy-murrell@medhomeplus.org
www.mhav.org 

NEXT
Amazon Amends Kindle Audio Feature
http://online.wsj.com/article/SB123577886475897701.html

Examiner Article - Funding Restored for Community Based Care
http://www.dcexaminer.com/local/Funding-for-care-of-mentally-disabled-back-in-Va-budget_02_27-40396597.html

AIDS
Anti-HIV Gel Shows Promise in Large-Scale Study in Women
http://www.nih.gov/news/health/feb2009/niaid-09.htm
National Institute of Allergy and Infectious Diseases

Cancer
Cancer Research: Using Science to Reduce the Burden of Cancer
http://www.cdc.gov/Features/CancerResearch/
Centers for Disease Control and Prevention

Depression
Suicidal Thinking May Be Predicted among Certain Teens with Depression
http://www.nimh.nih.gov/science-news/2009/suicidal-thinking-may-be-predicted-among-certain-teens-with-depression.shtml
National Institute of Mental Health

Cancer--Living with Cancer
Peanut Product Recall and Cancer Patients
http://www.cancer.gov/cancertopics/factsheet/Support/peanut-recall
National Cancer Institute

FINALLY
FAST FACT
The Centers for Medicare & Medicaid Services (CMS) ordered WellCare to suspend all new enrollment in its Medicare private health and drug plans, effective March 7, due to the Florida insurer’s failure to comply with federal regulations. In January 2009 alone, CMS received over 2,500 complaints from people with Medicare enrolled in WellCare plans; 800 of these complaints concerned immediate access to care, which are required to be resolved within 2 days. WellCare failed to resolve approximately 300 of these complaints within the required timeframe. (CMS Directive, Notice of Intent to Impose Intermediate Sanctions, February 2009)


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

Keith-

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1. THE STIMULUS ACT AND MEDICAID SERVICES
2. MORE ON CONGRESS' STIMULUS PACKAGE & MEDICAID SERVICES
3. THE PRESIDENT'S BUDGET
4. OFF-LABEL USE OF PRESCRIPTION DRUGS
5. INTEGRATING SOCIAL SKILLS - WAGES BASED ON TIERED TEACHING
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THE STIMULUS ACT AND MEDICAID SERVICES
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The Stimulus Act and Medicaid Services.  Information Bulletin #276, 2/19/09

Is your State crying lack of Medicaid funds?  Threatening to reduce Medicaid waivers?  Already reduced Medicaid programs? Telling the press that Medicaid funds must be reduced because of a state budget crisis?

Here are some possible answers:

You've read about the recently enacted Stimulus Act.  It has an entire section regarding "FMAP" the "Federal medical assistance percentage," i.e., the federal money used to match your state's funds for Medicaid programs in your state.

The FMAP has been significantly increased.  States' Medicaid programs will have a large increase in federal funds without having to increase their state funds whatsoever.

1. The Stimulus package provides states with enormous FLEXIBILITY.  Each state can decide how to allocate this new Medicaid funds.  The federal statute imposed virtually no requirements.

Therefore, how your State spends its new Medicaid funds depends on political decisions at your State level - not because of the Stimulus package. If your state tells you that it must spend its Medicaid funds on certain programs or cannot do other programs, they're selling you a lemon!

Advocates must ensure that Stimulus funds increase integration of people with disabilities in the community and do not increase the institutional biases.  This is a great opportunity to "End the Waiting Lists" and to move people from institutions to the community.

You must know how your Medicaid office, Governor, and Legislature want to allocate these funds.  IF there is a potential ADA violation, it should be stopped, either by direct actions and court orders.

2.  A state is NOT eligible for increased FMAP if any of the increased federal funds will go "directly or indirectly" to "any reserve or rainy day fund of the State."

3. With regards to the "eligibility" of persons and "methodologies or procedures" under a state's Medicaid plan, any person who was eligible on, as well as Medicaid programs' methods and procedures in effect on, July1,
2008, must be maintained in order for your state to be eligible for the increased FMAP.

This is a very important handle.  IF your state has imposed restrictive eligibility criteria since July 1, 2008, or changed its Medicaid programs' methods and procedures since July 1, 2008, and IF your state wants to receive the increased FMAP, then eligibility, methodologies, and procedures must be reinstated to what they were on July 1, 2008.

Therefore, if your state has, since July 1, 2008, restricted eligibility of programs or changed Medicaid programs' procedures, hold them accountable.

4. States can increase eligibility to persons whose incomes are higher than the income standards [sometimes known as "medically needy"] and receive increased FMAP for these people.

"Power concedes nothing without a struggle."

Steve Gold, The Disability Odyssey continues

Back issues of other Information Bulletins are available online at http://www.stevegoldada.com with a searchable Archive at this site divided into different subjects. To contact Steve Gold directly, write to stevegoldada@cs.com or call 215-627-7100.

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MORE ON CONGRESS' STIMULUS PACKAGE & MEDICAID SERVICES
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More on Congress' "Stimulus"package and Medicaid Services. Information Bulletin, # 277 (2/09).

Based on the previous Information Bulletin "The Stimulus Act, Medicaid Services," some advocates asked similar questions regarding Stimulus package's $87 billion increase in Medicaid funds.  Here are a few of them:

1.  Could a state reduce its Medicaid services and then use the increased FMAP to bring the level of services back to the level they were before the reduction?  For example, if a state were spending $100 million on a Medicaid waiver or Medicaid durable medical equipment, and assume the existing match is 60% federal and 40% state funds, could a state reduce the $40 million of state funds to $35 and then use the increased stimulus FMAP match (which could be increased to 63.9%) to bring the entire program back to $100?

No.  Section 5001(f)(1)(A) sets July 1, 2008 as the benchmark.  A state is NOT eligible to receive the increased FMAP under the Stimulus package if its "eligibility standards, methodologies, or procedures under its State [Medicaid] plan ... are more restrictive [than] under such plan (or waiver) as in effect on July 1, 2008."

July 1, 2008 is the benchmark on top of which the Stimulus' increased FMAP will work.  If your State's Medicaid plan on July 1, 2008 had "eligibility standards, methodologies, or procedures" which cost $40 million in state funds, your state must keep those in effect - IF it wants to receive the increased FMAP.

This is a "stimulus" act but not a "take the extra federal money and run," or "reduce the state expenditures and wind up at the same spot" act. The answer is the same whether or not your state wants to "replace" the federal funds or "reduce" the state share.

2.  Could a state take some of its state Medicaid funds and, because it will receive an increased FMAP, use the state funds for roads? Or, could a state take the increased FMAP and put it in a Medicaid reserve fund?

No.  Section 5001(f)(3) provides that a state is NOT eligible for increased FMAP "if any amounts attributable (directly or indirectly) to such increase [i.e., in the FMAP] are deposited or credited into any reserve or rainy day fund of the State."

While it is unclear what Congress meant by a "reserve" fund, it is clear that

Congress intended that the increased federal Medicaid match, together with the July 1, 2008 state program and funds, be used immediately for a stimulus in the Medicaid program.  A state cannot (legally) allocate, deposit, or redirect its state or federal Medicaid funds away from the Medicaid programs' payment for and delivery of actual Medicaid services because it will receive increased FMAP.

Any budgetary changes "attributable" even "indirectly" to the increased FMAP should be scrutinized in great detail. IF a state wants to receive the increased FMAP, then both the increased federal FMAP, and the July 1, 2008 Medicaid programs with the amount of state funds that went for such programs on July 1, 2008, must be spent on Medicaid programs.  Congress intended a stimulus in Medicaid - not roads, not rainy day funds, not reallocation to other programs.

3.  Could a state use the increased FMAP to pay for computers or cars used in the Medicaid program, or capital improvements to, for example, state mental institutions?

Yes, BUT only to the same extent it could use Medicaid funds for those purposes before the Stimulus package was enacted.  The pre-stimulus federal Medicaid act has specific limitations on the use of funds for administrative and capital purposes.  The recently enacted Stimulus did not change those limitations or requirements.

4.  Some people said that their Governor was concerned that the Stimulus package is for only two years and what about the "outlier" years.  That is, their Governor is concerned that if a state increases, e.g., its waivers, what will happen after the stimulus ends 12/31/2010.

No one knows the answer.  Maybe Congress will extend it.  Or, states retain the right after 12/31/2010 to change their state plan. But not knowing what will happen in two years is not a reason to not use the increased FMAP in the best interests of Medicaid recipients.

What is distressing is that states might not view the stimulus package as an opportunity to implement programs that in two years will actually save money!

For example, if the increased FMAP were used to move people into the community and out of nursing facilities and ICF-MRs, think about how much your state would save by 12/31/2010.  If the increased FMAP were used intelligently to "End the Waiting Lists," your state would save Medicaid expenditures from unnecessarily institutionalizing people?  Why not use the Stimulus to increase transition costs and case management to assist people to return to 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.

********************************************************
THE PRESIDENT'S BUDGET
********************************************************
The President's Budget  

February 26, 2009 • Volume 9, Issue 8

Private insurance companies will soon be mounting a campaign to stop Congress from approving President Obama’s budget proposal to cut the excessive subsidies they receive for enrolling people in Medicare private health plans.

The companies will talk about how the subsidy cuts will hurt “seniors” enrolled in their Medicare plans, without mentioning that every one of them can still have coverage under Original Medicare. The companies will not talk about how the cuts will hurt profits.

There will be no mention of this important fact:

Insurance companies are paid 14 percent more to provide coverage than taxpayers pay to cover the same person under Original Medicare.

Medicare subsidies are a gravy train for insurance companies, and they want them to go on forever.

This fight is important, and not just for the financial health of Medicare. It is vital for the overall health reform effort, and not just because the savings from reduced subsidies are an important source of money to extend coverage to the uninsured.

The battle to put Medicare payments on par with costs under Original Medicare is the first round in the larger battle to allow a public plan to compete with insurance companies to provide coverage under comprehensive health reform proposals.

A public plan option is projected to have premiums some 20 percent below the rates charged by private companies. That means lower cost coverage for individuals and businesses who choose the public option as well as for those who stick with private plans, which will be forced to be more efficient in order to compete.

Health care is too important, and too expensive, to tolerate wasteful spending. Congress needs to support President Obama’s plan and cut overpayments to Medicare private health plans.

Contact your elected officials and urge them to eliminate the overpayments to Medicare private health plans. Take action now!
(thax medicarerights)

********************************************************
OFF-LABEL USE OF PRESCRIPTION DRUGS
********************************************************
Off-Label Use of Prescription Drugs

February 19, 2009 • Volume 9, Issue 7

For cancer, but also for other diseases, doctors often prescribe medicines that were approved by the FDA as treatments for other conditions. A drug approved by the FDA for colon cancer is used to treat breast cancer, for example.

Sometimes, the prescribing of medicines for these off-label indications is based on strong evidence of efficacy from clinical studies published in respected journals that are peer-reviewed—vetted by leading doctors and researchers in the field. In other cases, the off-label use is based on weak evidence—a poorly designed study or case reports of how the medicine worked in one or two patients—or is the result of illegal marketing campaigns by the drug manufacturer.

In the first scenario, the patient can receive a treatment that will save her life or help her live a full life despite a chronic and debilitating disease. In the second scenario, the treatment may put the patient’s life at risk, either from the side effects of the medicine or because the treatment is ineffective, or both.

Policymakers have tried to design Medicare coverage policy so that Medicare will pay for off-label treatments when there is good evidence of safety and efficacy, and not pay for treatments that are unsafe and unsupported by clinical evidence. To distinguish the two, Medicare had relied primarily on privately published reference manuals known as compendia.

Newly published research shows that the compendia are not doing a good job keeping up with the most current research and incorporating it into their recommendations. There is also widespread concern that compendia editorial decisions—which off-label uses they support and which they do not—are unduly influenced by drug manufacturers, and that publishers of the compendia do not have adequate policies to guard against conflicts of interests in editorial decisions.

Because of these twin failings, much attention has focused on the possibility that Medicare is paying for expensive off-label treatments that are ineffective and potentially unsafe. That is a legitimate concern.

But these deficiencies in the compendia can also mean that Medicare is denying coverage for off-label uses that have strong support in the peer-reviewed medical journals. If the compendia are not keeping up with the research, then they may miss published studies’ support an off-label use of a particular medicine.

It may seem counterintuitive, but undue influence by drug manufacturers may also lead the compendia to omit off-label uses that have been shown to be effective in clinical studies. If drug manufacturers can influence the decision to review a drug for a particular off-label indication, then there is much less chance that a use for a rare disease that has little market potential will be reviewed. Similarly, brand-name drug manufacturers have much less incentive to push for compendia support for drugs with generic competition than for drugs that still have patent protection.

What this means is that it is in the interest of consumers for the Centers for Medicare & Medicaid Services to hold the compendia to high standards of performance and to require rigorous and effective conflict-of-interest policies, including over which off-label indications are brought up for review.

It also means that there needs to be a safety valve allowing case-by-case coverage decisions when the compendia may have missed the mark. Such a safety valve exists for cancer drugs covered under either Part B (delivered in the oncologist’s office) or Part D (generally, purchased at the pharmacy). Where there is no support in the compendia for an off-label use, Part B contractors can review the peer-reviewed journals for studies that demonstrate effectiveness.

The safety valve also exists for other drugs covered under Part B. Contractors are instructed by CMS to look at both the compendia and the medical literature on a case-by-case basis.

But under Part D, for drugs that do not treat cancer, there is no safety valve. If there is no compendia support for an off-label use, the drug cannot be covered. The freedom that state Medicaid departments and private insurers have to look past the compendia at the research and make a case-specific coverage decision does not exist for Part D plans.

It is high time that policy makers in Congress and the Obama administration recognize the shortcomings of the compendia as arbiters of coverage, and allow coverage decisions to be made on an individual basis on the strength of sound clinical research published in peer-reviewed medical journals.
(thax medicarerights)

********************************************************
INTEGRATING SOCIAL SKILLS - WAGES BASED ON TIERED TEACHING
********************************************************
Integrating Social Skills
How about 'Shaky Day' or 'Social Circles' or 'Negotiation Week' to add a little social skill enhancement to your weekly schedule? Social skill development helps to build good character and...read more

Wages Based on Tiered Levels of Teaching?
In my educational jurisdiction, pay increases by years of experience, up to 11 years. There are also pay increases for additional qualifications (AQ) up to 2 AQs and then it...read more

Worksheets With a Purpose
Not all worksheets are created equally. Worksheets need a focus with promise of learning. I've listed a few here that have specific goals for some of the more common areas...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://dac4va.org/main.htm 

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

++



========================================================
DAC News V9-#17  Thursday, February 19, 2009 -- No Vote, No Voice!   
========================================================
I've been getting a run on new readers again so let me tell you the rules. First, there are no rules. If you want to post anything including your own newsletters I will post them. Why? Because knowledge is power and ALL groups need to learn to work with each other and NOT be fragmented voices grabbing at your own piece of the pie. If you haven't learned that message yet then you're not a very effective advocate and during the lean years ahead of us you'll lose rather than gain. It's not rocket science folks we are ALL in this together. Our website has a new domain with archives section here:
http://dac4va.org/main.htm and since I'm paid up for 3 years in advance it looks like I'll continue writing a few years longer than anticipated but at this much slower pace:) If you want to comment or post news I'll post it but since I'm not on any schedule some news may be to late to post. There is no charge for these "INFORMATION ONLY" letters that reaches far into the MILLIONS nationwide and we don''t ask for or accept money nor do we give any away. We have made over $130,000 worth of "in kind" donations with YOUR help and we depend on YOU for news and information as these letters are for you and I thank you for your help. On occasion I've been known to tick off an agency head or top politico leader but somehow we seem to find common ground in most cases and this I'll continue to do but only if necessary. That's it, the rest we just do because it's so much fun:) 

NEXT
ADA Watch Logo Contest
Attention artists and designers: The National Coalition for Disability Rights (NCDR) has partnered with www.logotournament.com and is hosting an "ADA Watch" logo contest to better brand and increase the visibility of our national advocacy initiative to advance disability rights. 

A cash prize is available and the winning design will help increase the effectiveness of ADA Watch as we work towards access, inclusion and opportunity for people with disabilities. The contest is time-limited so help us quickly spread the word!

For more information, go to:
http://logotournament.com/contests/ADA%20Watch%20.org

NEXT
NIH website on alternative medicine for seniors
The National Institutes of Health (NIH) recently launched a website on complementary and alternative medicine (CAM) for older adults.  The website is to design to help older consumers be well informed about nonconventional medical practices. It includes information on how to be an informed consumer, how to choose a CAM provider, and how to talk with their doctor about alternative medicine. To view the site, please see: http://nihseniorhealth.gov/cam/toc.html

NEXT
Inclusive Education Leadership Summit
The New England Inclusive Education Leadership Summit, sponsored by the Institute on Disability (IOD) at the University of New Hampshire, is designed to give participants the opportunity to:

Learn the latest best practices and leadership strategies on inclusive education
Meet national leaders of inclusive education
Problem solve and network with peers
Presenters and facilitators will include central figures of the documentary film Including Samuel including (pictured above from left) Keith Jones, Betsy McNamara, Joe Petner, Dan Habib, Cheryl Jorgensen, Norman Kunc, and Barbara O'Brien, plus Anne and Emily Huff and IOD staff members. Following a screening of the film Including Samuel, summit presenters will lead a panel discussion on pressing barriers to inclusive education and the most effective strategies to remove them.

Date: Friday, April 10, 2009
Time: 9:00 a.m. - 3:00 p.m., registration begins at 8:00 a.m.
Registration Fee:
Adults: $125
High School Students: $25
Groups representing at least 3 of the 5 adult (A - E) strands: $99 per person*
*Qualifying groups will receive a free high school student admission.
- Registration fee includes continental breakfast, lunch, and summit materials.
- Participants are eligible for 6.0 staff development credits/contact hours.

Location: Center of New Hampshire Radisson Hotel, Manchester, NH

Hotel and Airport Information:
Overnight rooms have been blocked for the evening of April 9th and are available at the Center of NH Radisson at a discounted rate of $119.00 per room for single or double occupancy, plus 8% tax. Triple occupancy is $129.00, and quadruple is $139.00. These rates are available until March 19, 2009.

Please mention the Institute on Disability Inclusive Education Conference to get the discounted rate.

The Manchester / Boston Regional Airport (MHT) is the most convenient airport. The Center of NH Radisson offers free shuttle service to and from the airport.

This event is presented in collaboration with the New Hampshire Department of Education, Plymouth State University, and New Hampshire Public Television.

Questions? Call 603.228.2084 or e-mail: contact.iod@unh.edu
Online Registration: https://www.events.unh.edu/RegistrationForm.pm?event_id=5374

NEXT CONGRATULATIONS :)
VIRGINIA GENERAL ASSEMBLY SENATE JOINT RESOLUTION NO. 350
Passed Senate on January 22, 2009
Passed House of Delegates on January 30, 2009
Commending the Lynchburg Area Center for Independent Living on the occasion of its 10th anniversary.
Patron ---  Senator Steve Newman

NEXT UPCOMING EVENTS
Brain Injury Association of Virginia Annual Conference
Opening Doors:, New Answers for a New Era 
March 7, 2009
Holiday Inn Richmond Airport, Sandston

Registration Deadline: February 20, 2009.

For more information on scheduled speakers—including acclaimed comic Brett Leake—registration & scholarships, visit www.biav.net/annualconference.html, or contact: 
          Brain Injury Association of Virginia
          1506 Willow Lawn Dr., Suite 112
          Richmond, VA 23230
          804-355-5748
          804-355-6381 Fax
          1-800-334-8443
          info@biav.net
AND
Sprout Film Festival 

Martin Luther King, Jr. Performing Arts Center
1400 Melbourne Road, Charlottesville
Friday, March 13, 2009 

Celebrate Developmental Disabilities Month with the Sprout Film Festival.  The free morning show begins at 10:30 am.  Through music, dance, and humor, individuals with Autism, Down syndrome, and other disabilities celebrate life, document dreams, confront disappointment, and inspire those around them.  This show is appropriate for 5th graders and up, with and without disabilities.  The evening show, beginning at 7:00 pm, introduces us to artists and musicians, moms and dads, students and agitators, each of whom forces us to consider the infinite possibility of an inclusive community and challenge our perception of differences.  There is a $10.00 suggested donation for the evening show which will benefit a collaborative film making project between Light House Studio and our local Very Special Arts of Virginia. 

The Sprout Film Festival is co-sponsored by City of Charlottesville Parks and Recreation, Light House Studio, Piedmont Council of the Arts, PREP/Parent Resource Center, The Virginia Institute of Autism, and VSA arts of Virginia. 

For more information, including a list of films to be screened, visit www.prep-prc.org or contact: 
          Sarah Blech
          PREP/Parent Resource Center
          225 Lambs Lane
          Charlottesville, Virginia 22902
          (434) 975-9400 ext. 2342
          (434) 975-9401 fax
          sblech@k12albemarle.org 
AND
The Virginia Transition Forum 

Transition: We're All In This Together!
March 16 - 18, 2009
Norfolk Waterside Marriott 

The Virginia Transition Forum is designed for educators, rehabilitation practitioners, workforce development personnel, community stakeholders, including students, parents, employers, advocates and representatives from adult service agencies invested in the successful transition of youth with disabilities. 

For more information or to register—including for the associated Pre-Conference and Youth Self-Determination Summit, visit www.virginiatransitionforum.org, or contact: 
Jean Steveson, Forum Co-Chair, Jean.Steveson@drs.virginia.gov, 757-531-5298
Kathe Wittig, Forum Co-Chair, KMWittig@vcu.edu, 804-827-1403
Liz Getzel, Exhibitors Committee, LGetzel@vcu.edu, 804-827-0748
Emily York, Registration Committee, EYork@vt.edu, 540-231-5182 

AND

Old Dominion Chapter, National Spinal Cord Injury Association 
Craig H. Neilsen SCI Resource Center 

ODC/NSCIA is pleased to announce that the Craig H. Neilsen SCI Resource Center is now open thanks to funding provided by The Craig H. Neilsen Foundation.  The primary goal of the resource center is to establish a central location from which interested individuals can access information about existing programs, materials and resources about SCI/D and living successfully with this condition.  Our hope is that the resource center will assist people with new injuries and their families adjust to the many changes in their lives and help them return to a full and meaningful life. 

ODC/NSCIA is particularly proud of the breadth of the topics available which pertain to those living with SCI/D.  Suggestions were solicited from both members and SCI professionals and are now available in a range of formats including books, magazines, DVD’s, video’s, as well as access to online information.  Highlights of the resource center collection include information on: exercise, sports and recreational opportunities, parenting with a disability, sexuality, caregiver skills, pregnancy, aging with disability, and the Americans with Disability Act.  In addition, books, magazines and videos related to living with and adjusting to SCI/D (including disability humor) are also available.  Utilizing a laptop, monitor with webcam and projector, ODC/NSCIA now has the flexibility to provide information and show DVD’s in-house, as well at monthly membership meetings, seminars and expos.  In some situations ODC/NSCIA can also bring information (including copies of guidelines, web-based information, and other electronic resources) directly to individuals who may be hospitalized or otherwise unable to access the SCI Resource Center. 

The Craig H. Neilsen SCI Resource Center is available to the public by appointment. 

For more information, visit www.odcnscia.org, or contact: 
          Craig Fabian, ODC-NSCIA Vice-President & Event Coordinator
          P.O. Box 8326
          Richmond, VA 23226
          (804) 726-4990 / VA Relay 711
          info@odcnscia.org 

AND
Culturally and Linguistically Appropriate Standards (CLAS) 

Standards and Resources for Outreach, Communications, and Care 

The Department of Mental Health Mental Retardation and Substance Abuse Services (DMHMRSAS) calls for increased cultural and linguistic competence in Virginia’s behavioral health care system.  It is essential that all aspects of DMHMRSAS reflect the diversity of the communities we serve and that system stakeholders strive to be culturally and linguistically competent.  This requires incorporating skills, attitudes, and policies to ensure that the system is effectively addressing the needs of individuals and families with diverse values, beliefs, and sexual orientations, in addition to backgrounds that vary by race, ethnicity, religion, and language.  DMHMRSAS advocates that all stakeholders be trained to reflect cultural and linguistic diversity as a basic civil right (USDOJ, 1964). 

For more information on CLAS standards and related DMHMRSAS resources, visit www.dmhmrsas.virginia.gov/2008CLC/documents/clc-CLAS-Brochure2009-01.pdf, or contact: 
          Cecily Rodriguez , Director
          Office of Cultural & Linguistic Competence
          Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services
          1220 Bank Street, Rm. 433
          Richmond, VA 23219
          804.786.5872
          Cecily.Rodriguez@co.dmhmrsas.virginia.gov
          www.dmhmrsas.virginia.gov/OHRDM-CLC.htm

AND
Wanted!  Young Leaders for the Virginia Board for People with Disabilities’
Youth Leadership Forum 

The Virginia Board for People with Disabilities (VBPD) needs your help in recruiting young people with disabilities who have demonstrated leadership capability and potential to participate as Delegates to its 2009 Youth Leadership Forum (YLF) at Christopher Newport University in Newport News from July 13-17, 2009. 

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. 

YLF educates students with disabilities about the principles of leadership, builds their self-confidence and advocacy skills, and prepares 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 2009 YLF delegate. 

To be considered, students’ applications must be received no later than March 31, 2009. 

Applications and instructions can be found at www.vaboard.org/ylf.htm.  Electronic submission is strongly encouraged.  For more information, call 1-800-846-4464 (toll-free, voice/TTY) or e-mail Kara.White@vbpd.virginia.gov or Teri.Barker@vbpd.virginia.gov. 

Check out the
YOUTH LEADERSHIP FORUM
on YouTube! 
http://www.youtube.com/watch?v=nXwkRUrtFYw 

CHECK THIS OUT
A GREAT CURE/TREATMENT FOR HARD TO HEAL WOUNDS
If you've been fighting chronic bedsores with no results then save some money and try a product that works in over 80% of its cases. I urge anyone with chronic bedsores to try DermaWound (with your Dr's permission of course) and tell them DAC referred you. I think you will be amazed with the results. 

For interested geriatric nurses and doctors, Dr Dixon has invented an IV Safety Cuff for persons with fragile skin that tears or has allergic reactions with the usual tape for holding IV's in place. I've looked at a sample and this looks to be another great but inexpensive product. See SafetyCuff.com at the DermaWound web site below.

DermaWound
Wound Care Specialists
Guaranteed Results
You Can See, Smell & Feel in 24 Hours or Less, or Your Money Back!
Dr. D. Dixon, MD - Owner
http://www.DermaWound.com
Pressure / Bed Sores; Decubitus Ulcers;
Amputee Stumps; Chronic or Re-occurring Wounds,
with or without MRSA, VRE, Pseudomonas, Strep or Fungi
Toll Free Wound Care Support Hotline
9am-5pm, Mon.-Fri. PST 1.866.727.0462

NEXT
MAKE TRAVELING OR SHOWERS AT HOME EASIER
A year or so ago we told you about Rick Goldstein, a c5-6 quad, who invented a portable commode / shower chair because he couldn't find a practical one anywhere that was safe, comfortable and/or affordable.  His company, GO! Mobility Solutions, has come a long way since our initial introduction, having added two more models and numerous amenities and features to their portable shower chair line with more on the way.  Their products work just as well for everyday use at home as they do on the road, eliminating the need to buy separate chairs for home and travel.  Take another look at them at www.GoesAnywhere.com  Rick has offered to extend to DAC subscribers an additional $25, $50 or $75 discount on their CS, SP or CST models, respectively, should you decide to place an order.

NEXT
SMART-One February Newsletter
The SMART-One newsletter for February 2009 is now available for downloading at http://www.smartoneinc.net/newsletter/SMART_One_Newsletter_Feb09.pdf

FINALLY
Although it's to soon to say with 100% certainty it looks like DMAS was spared a major portion of their waiver cuts due to the Stimulus Package. Stay tuned as I'll keep you informed.........thax:)


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

Keith-

========================================================
1. WITH 'PERFECTION,' PLAYWRIGHT SEES EUGENICS' LASTING 'RIPPLES'
2. GOOD-BYE GRANITE COUNTERTOPS, HELLO ACCESSIBILITY (UD)
3. DON ADAMS, RADIO SHOW HOST
4. NEW ON-LINE RESOURSE ON DEPRESSION & PREGNANCY
5. SpEd - GETTING THEM MOTIVATED - THE IEP MEETING, BE PREPARED
6. SAMHSA OFFERS KITS TO PROMOTE EVIDENCED BASED MH PRACTICES
========================================================
********************************************************
WITH 'PERFECTION,' PLAYWRIGHT SEES EUGENICS' LASTING 'RIPPLES'
********************************************************  
With 'Perfection,' playwright sees eugenics' lasting 'ripples'
by Marty Hughley, The Oregonian, February 04, 2009 14:25PM

On Dec. 2, 2002, Gov. John Kitzhaber issued an official apology for the forced sterilization of more than 2,600 Oregonians during the previous century. His proclamation brought attention to a little-noted chapter in history, in which Oregon was among dozens of states to pass laws requiring the sterilization of those deemed genetically inferior according to a doctrine known as eugenics -- criminals, the mentally ill, the epileptic, sometimes those merely judged to be morally unfit.

With eugenics thoroughly discredited after its adoption by Nazi Germany, it might be easy to think that Kitzhaber's apology was just a postscript to a story that ended long ago.

But to Helen Hill, it's a matter that still hits close to home.

Hill has written a play called "Perfection" -- opening tonight at the Interstate Firehouse Cultural Center -- that explores the human costs of forced sterilizations and the ethical dimensions of the era's social-engineering ideals. Researching and writing the play, she said during a recent rehearsal at King Elementary School, was more than an academic interest.

"It's actually got some deep roots for me," said Hill, who earned notice a decade ago as chief petitioner for Measure 58, an initiative approved by voters in 1998 that gives Oregon adult adoptees the right to see their birth certificates and the names of their birth mothers.

Her adoptive father was a Creek Indian who had been sterilized under such a program, she said, a fact she didn't learn until the time of his death. "I write where my heart is. When things are shocking to me, this is how I work through them.

"So this play is for my father."

Hill, who lives primarily in Bay City, near Tillamook, refers to herself as "a small-town playwright" who mostly has done guerilla-theater projects in far-flung communities. The path to her first production in Portland began with a call to IFCC, which she had heard promotes diversity in the arts. Initially she just wanted IFCC's help finding African American actors for a reading of the play at the Bay City Arts Center.

Adrienne Flagg, IFCC's creative director, recalled that Hill's project seemed like something nice to do as community outreach. But when she attended that reading in January 2007, "Seeing how the reading landed on people and the kind of discussion that took place afterward, I realized this should go beyond (being) a charming event on the coast."

To help develop the play, Flagg arranged a workshop and reading a year ago at IFCC. She was struck then that a couple of audience members also mentioned having parents who'd been sterilized involuntarily. "There still are ripples in our community, and it's important to acknowledge that," Flagg said.

In fact, the Oregon Board of Eugenics, later renamed the Board of Social Protection, existed until 1983, with the last forcible sterilization occurring in 1981.

Hill's play delves into the subject through a character she calls Anna May Dobbs, who is institutionalized as a teen but eventually becomes a nurse in the same state hospital and an ally of a doctor who performs sterilizations and promotes eugenic ideas. The narrative is framed as a state senator's investigation in the present into the history of the sterilization program: The senator interviews an elderly and defiant Dobbs (played by Drammy-winning actress Brenda Phillips, who also directs the show). In flashbacks, the morally conflicted young Dobbs (played by Andrea White) helps the doctor perform operations, run the hospital and keep a damaging secret.

One of Hill's main messages is the arbitrary nature of the eugenicists' supposedly well-meaning standards, and the latitude authorities had in determining which traits made someone genetically unfit. The script even includes actual questions from tests administered to determine the intelligence of wards of the state: "What is the color of a sapphire?" "In what state is Cornell University?" Things poor folk would have little reason, much less opportunity, to know. Yet what hung in the balance for them was extreme.

"What kept stunning me as I got deeper and deeper into this rabbit hole was how vague the law was," Hill said.
(thax S.W.)

********************************************************
GOOD-BYE GRANITE COUNTERTOPS, HELLO ACCESSIBILITY (UD)
********************************************************
Wall Street Journal
FEBRUARY 6, 2009, 4:02 P.M. ET
Good-Bye Granite Countertops, Hello Wheelchair Accessibility
One home builder turns to features that make homes more functional for elderly, disabled.

By JUNE FLETCHER
In more than three decades of real estate reporting, I've noticed that recessions have at least one silver lining: They force builders to compete harder. The result is that some concepts that were once merely show-off features in blue-sky idea homes start to show up in real-world tract homes. Once that process starts, there's no turning back.

So I was delighted to attend the opening of what was billed as the "innovative" universal design show home a few days ago in Clarksburg Village, Md. While there wasn't too much that was new conceptually in the 3,700-square-foot home, built by Winchester Homes, what was new was the builder's willingness to incorporate ergonomic features in every home it builds -- not, like most builders, just in ones targeted to seniors. "We're getting to the spot that 'wow, this could be a market for us,'" says Vince Mendel, divisional sales manager for the Bethesda, Md.-based company. "We want people to know we've arrived, we get it."

The arrival for Winchester comes more than two decades after the principles of universal design were popularized by the late Ron Mace, a wheelchair-bound North Carolina architect, who tried to get builders to make houses more functional for everyone at every stage of life and ability. Still, the company is in the vanguard of builders offering all of its customers such common-sense features as lowered light switches, varied counter heights, raised electrical outlets and showers stalls without thresholds.

The reasons why these changes haven't caught on have less to do with aesthetics and building codes and more to do with simple inertia. New homes were selling easily, and builders didn't feel the need to tinker with their floor plans, even though they added little or nothing to the cost of the home.

Homes in age-restricted communities were the exception, but this never made much sense to me. After all, wider doorways and lower thresholds not only help wheelchair-bound seniors but also young parents pushing strollers and handling groceries. And first-floor water turnoffs, low-level lights along stairways and double-banisters are such obvious, low-cost safety improvements they should have been standard features in all homes years ago.

Of course, not all elements of universal design can be incorporated cheaply. Eliminating outdoor stairs to a front door requires extra foundation work to lower the basement floor so a proper ceiling height can be maintained, thickening foundation walls to keep out termites, and adding porches or overhangs to prevent water intrusion. High-tech features like touchless faucets and doorbell flashers cost more than their standard counterparts, too. So buyers should expect to pay more for homes that are totally accessible to the handicapped.

Still, it's encouraging to find at least one builder who is moving beyond the clichéd granite countertops and jetted spas, and is trying to woo customers with features that go a lot farther to make our homes more comfortable and livable. And as people live longer in their homes, I expect there will soon be more.

********************************************************
DON ADAMS, RADIO SHOW HOST
********************************************************
Don Adams here,

I am host of Physical Issues, a talk radio program that is devoted to the entire disability community; I am also the President of the Jacksonville Chapter of the National Association of the Physical Handicapped.

I invite you to tune in to WYMM 1530 AM in the Jacksonville, Fl. Area or catch our live stream at www.wymmradio.com or www.physicalissues.com on Saturdays from 11 am to Noon.

When you have time take a look at our web site, www.physicalissues.com, and see what we are all about. I hope you'll like it, maybe you will find something that will be of use to you. Physical Issues, is the only radio talk show that I know of on the radio or anywhere that is devoted to the entire disability community.

My reason for the contacting you is that I need your help in getting the word out about our show. Physical Issues is a radio talk show where our guests will be from the local community, state level, national level, and even international level, and each will have a connection to the disability community in some way. You will be able to call in and talk to the guest. Of course there will be time to bring up your own topics.

The call in numbers are; locally 904-786-2400, and toll free 1-866-606-4239.

Now that you have both numbers, let's hear from you. (I tell you this, you may be the one that has something that will help our community, and if you do not call we will never know what it is or know about you!!!)

The disability community, and those that care about us, is what we are here for.

The time has come for all of us to get together and stay together.

Let me hear from you

UPDATE
Hey Everyone...Pay Attention! Physical Issues is going night time!

Yes, Physical Issues After Hours, our Internet only broadcast, starts Tuesday DEC 2  7PM to 9PM, one night a week for now. Live on www.physicalissues.com.

Our talk is show devoted to the entire disability community. Your thoughts, concerns and questions about issues important to you, the disability community and to me are what we're all about.

Give us a call and lets talk, call toll free @ 866 606 4239, we want to hear from!

WHO AM I?
Check out my latest "Who Am I" segment.

Go to www.phyiscalissues.com and click on WHO AM I

Tune in DEC 2 on the show and I'll tell you who it is.

Physical Issues presents streaming Holiday Music from 5:30pm to 7am.
All times EST.

We are still LIVE Saturdays at 11AM on AM 1530 and from www.physicalissues.com

Don Adams
host@physicalissues.com
H 904 786 9094
C 904 707 7001

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NEW ON-LINE RESOURSE ON DEPRESSION & PREGNANCY
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CMHS CONSUMER AFFAIRS E-NEWS FBRUARY 4, 2009

New On-Line Resource Available on Depression and Pregnancy

The Maternal and Child Health Library – funded by the Health Resources Services Administration - released a new edition of the knowledge path, Depression During and After Pregnancy. The knowledge path points to recent resources about the prevalence and incidence of perinatal depression, identification and treatment, impact on the health and well-being of a new mother and her infant, and implications for service delivery. Separate sections present resources for professionals (health professionals, policymakers, program administrators, and researchers) and for women experiencing perinatal depression and their families. The knowledge path is available at

http://mchlibrary.info/KnowledgePaths/kp_postpartum.html.

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SpEd - GETTING THEM MOTIVATED - THE IEP MEETING, BE PREPARED
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Getting Them Motivated
Here we are well into the second term and they're just not motivated! You're not alone! Motivating students is a challenge for most educators. However, remember to keep your...read more

The IEP Meeting, Be Prepared.
If this is your first time going to an Individual Education Program IEP meeting, I have two words of advice: Be prepared! This article helps you do just that. You'll...read more

Lend Your Helping Hand to Help a Child who Struggles With Writing
With keyboards and text messaging taking such a strong hold, many parents tell me that their children just don't like to write or really struggle with writing. Unfortunately, it's still...read more
(thax SpEd)

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SAMHSA OFFERS KITS TO PROMOTE EVIDENCED BASED MH PRACTICES
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SAMHSA Offers First in New Series of Informational Kits to Help Promote Evidenced-Based Mental Health Practices

The Substance Abuse and Mental Health Services Administration (SAMHSA) is offering a new Assertive Community Treatment Knowledge Informing Transformation (ACT KIT) packet as the first in a new series of Evidence-Based Practice Knowledge Informing Transformation (EBP KIT) packets. EBP KIT materials help mental health caregivers provide a broad range of proven mental health services in a wide variety of community settings. 

The EBP KITs provide information and guidance on tools and resources that States, communities, and organizations can use to find the evidence-based practices best suited to the unique mental health care needs of the populations they serve. 

The ACT KIT offers information and guidance on providing comprehensive mental health treatment and support services to help individuals with serious mental illness stay out of the hospital and live successfully in the community.  The information provided in the ACT KIT can help mental health providers develop community-based services that are better suited to the individual needs of clients.  

Included in the ACT KIT and future EBP KITs:

-materials to introduce the practice to a wide variety of stakeholders, including Spanish and English videos, brochures, and a PowerPoint presentation

-information for state mental health authorities and program administrators to help them set up systems to support the practice

-a manual and accompanying video to train front-line staff

-evaluation/quality assurance materials to ensure the practice works as planned, and

-a summary of the scientific evidence for the effectiveness of the practice

Free versions of the KIT are available online and in CD-ROM/DVD format.  To access and download the online version of the KIT, go to http://mentalhealth.samhsa.gov/cmhs/CommunitySupport/toolkits/community/ 

To order the CD-ROM/DVD version, call 1-877-SAMHSA-7 (1-877-726-4727).

===============================
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://dac4va.org/main.htm 

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


++


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DAC News V9-#16  Tuesday, February 03, 2009 -- No Vote, No Voice!   
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I'm sure everyone is now familiar with our stock market and the way it reflects our slumping economy. Or are you? Are you aware that the Dow Jones, keeper of the DJIA, has an unwritten rule that any DJIA stock that gets below $10 gets tossed out or taken off the DJIA? I'm wondering if this is just another oversight or is it being done on purpose by our regulators that the once almighty big Dow stocks such as Citi Bank (C), General Motors (GM), Bank of America (BAC), and Alcoa (AA) have not been replaced by being sub $10 stocks????? Doesn't it strike you odd that almost half of Obama's economic recovery team are the same crooks that got this world in a global financial crisis???? Ehhh, maybe they go by the saying that "it takes a crook to catch a crook." But in the mean time, how can anyone trust any numbers coming from the stock market or the economic recovery team? A few Trillion tossed here and a few Trillion tossed there then pretty soon we'll be talking real money, that is, if we have any money to back up the printing presses. Perhaps our talks should remain friendly towards China and Japan and not antagonistic in case we need another loan. Just a thought.........  

NEXT
Making Workplace Accomo:Reasonable Cost, Big Benefits
The following information is forwarded to you by the DBTAC-Great Lakes ADA Center (www.adagreatlakes.org) for your information:

The Office of Disability and Employment Policy within the US Department of Labor has recently released a new fact sheet titled:  "Making Workplace Accommodations: Reasonable Cost, Big Benefits".  This fact sheet shares data collected by the Job Accommodation Network (JAN) through their customer service interviews.  To view this fact sheet go to:  http://www.dol.gov/odep/pubs/publicat.htm

NEXT
Special Needs Advocacy
Please join us for an exciting training opportunity.  Special Needs Advocacy, LLC, in partnership with Montgomery College Workforce Development and Continuing Education, presents “Special Needs Advocacy Training Institute: Everything an Advocate Needs to Know.”  This 4-session course, based on Rich Weinfeld and Michelle Davis’s Special Needs Advocacy Resource Book, begins in March and is expected to fill quickly.  Please pass this on to others who may be interested.

Parents – Do you want to become more effective advocates for your children with special needs?

Graduate Students and Professionals – Are you interested in a career as a Special Needs Advocate?

School Staff and Administrators – Have you been looking for an opportunity for a deeper understanding of special education law, and what you can do with the resources that you have to work cooperatively with special needs families?

This is more than just the cursory overview of special education law offered by others.  You will gain an in-depth understanding of all facets of advocacy through supervised practice and application of skills, both during and between sessions taught by practicing advocates, attorneys, psychologists and other related service providers. You will receive individualized feedback from practicing professionals.  Learn what advocates know so that you, too, can get results that make a difference for each child’s future.  You will leave this course with the knowledge and skills you need to advocate effectively for children.  This is the opportunity you have been waiting for!

Dates:  4 Sunday sessions, 8:30 am – 4:00 pm
MARCH 8, APRIL 26, MAY 3 and MAY 17, 2009

CHECK THE WEBSITE FOR SUMMER DATES in 2009.

Place:  Montgomery College Silver Spring/Takoma Park Campus
7977 Georgia Avenue, Silver Spring, MD  20910

CEU Credits available (3) for this graduate level course

For More Information and Registration visit: 
http://specialneedsadvocacyinstitute.com/advocacy-training.html

NEXT
Couples Now & Then
By Roxanne Furlong
February 2009

Ethan and Julie Ruby were "just" friends for years when, after dinner with their group of friends, they each felt a spark of chemistry. They began dating and enjoyed six months of incredible sex until a car hit Ethan, causing a T6 spinal cord injury. During rehab, Ethan offered Julie the inevitable out, "You don't have to stick around; now's the time to walk away."
Read more:  http://newmobility.com/articleViewIE.cfm?id=11350

NEXT
Relatives Can Be Paid To Look After Elderly Article
Source: http://online.wsj.com/article/SB123197145248583055.html?mod=googlenews_wsj
 
AND
ODU READY (http://education.odu.edu/esper/academics/oduready/index.shtml) is a post-secondary program at Old Dominion University intended to provide individuals with mild to moderate intellectual disabilities the necessary tools and resources for a successful transition into the community.  It is a two-year program that offers education and training in vocational, communication, independent living, and leisure skills. The program also seeks to provide practical work experience in integrated community settings, as well as promote inclusion within the community through campus related activities.

If you know anyone who would be interested in participating in this program, application materials will be available later this month.  For further information, please contact:

Lynn Noël, CTRS, Program Coordinator, ODU READY
(757) 553-0572 cell
(757) 683-6309 office
(757) 639-4270 fax

AND
MFP Brochure for Distribution (for Virginia)
The attached Money Follows the Person Project Brochure is final and has been added to the MFP website at: www.olmsteadva.com/mfp/WhatsNew.htm#123008 This single-fold, book style brochure provides an introduction and overview of the project including the eligibility requirements, services available, and who to contact for more information.  Please feel free to download, print and distribute the brochure!

New Website: Going-to-College.org for Sudents with Disabilities
New VCU website you will want to check out:  www.going-to-college.org.  The site is written to students and the content is based on focus groups conducted with college students with disabilities and modules piloted with students with disabilities at VCU. It contains a wealth of helpful information; please share it with anyone you think would be interested.

INTERESTING READS
Chronic Fatigue Syndrome
Childhood Trauma Linked to Risk for Chronic Fatigue Syndrome
http://www.cdc.gov/news/2009/01/cfs_childhood/
Centers for Disease Control and Prevention

Mental Health
Serious Psychological Distress and Receipt of Mental Health Services
http://oas.samhsa.gov/2k8/SPDtx/SPDtx.htm
Substance Abuse and Mental Health Services Administration

Pacemakers and Implantable Defibrillators
Implantable Defibrillators Lower Risk of Death in Older Heart Patients
http://americanheart.mediaroom.com/index.php?s=43&item=633
American Heart Association

Implants for babies could help deaf learn to speak
http://www.newscientist.com/article/mg20126883.500-implants-for-babies-could-help-deaf-learn-to-speak.html

Why Braille Is Brilliant
http://news.bbc.co.uk/2/low/uk_news/magazine/7807217.stm

Salmonella Infections
Recall of Products Containing Peanut Butter: Salmonella Typhimurium
http://www.fda.gov/oc/opacom/hottopics/salmonellatyph.html
Food and Drug Administration

NEXT
Summer Food Outreach Materials
The expansion of the Simplified Summer Food Program to all states creates an exciting opportunity to dramatically increase participation in Summer Food. To support your Simplified Summer Food outreach efforts, FRAC has updated and added materials to our Simplified Summer Food Outreach Toolkit. Resources include newsletter articles for different audiences, fact sheets, a brochure, a PowerPoint presentation, and a letter to potential sponsors. Since this is the second summer that Simplified has gone nationwide, we also developed a piece that outlines the implementation of the new Simplified rules.
All of the resources can be modified for use by your organization. The toolkit is available online at www.frac.org/afterschool/summer_toolkit.htm

Please let us know if there are any additional materials that we can develop to assist you in your outreach efforts.

NEXT
BJA Grant Opportunity
The Bureau of Justice Assistance (BJA) is currently seeking grant applications for its 2009 Justice and Mental Health Collaboration Program. The Program, which was authorized by the Mentally Ill Offender Treatment and Crime Reduction Act of 2004 (MIOTCRA), focuses on improving access to effective treatment for adults and juveniles with mental health problems in contact with the justice system by facilitating collaboration among the justice and treatment systems. Applications must be submitted jointly by the mental health and justice systems. Three categories of grants are available: 1) Planning Grants; 2) Planning and Implementation Grants; and 3) Implementation and Expansion Grants. Applications are due March 12, 2009. For additional information, visit http://www.ojp.usdoj.gov/BJA/grant/09JMHCPsol.pdf.

NEXT
Virginia Guardianship & Elder Rights Conference
You’re Invited! 
Virginia Guardianship & Elder Rights Conference,
April 27-28, 2009, in Richmond 

For the fifth year, the Board is excited to sponsor an educational track at the annual joint conference of the Virginia Guardianship Association and Virginia Elder Rights Coalition.  Conference activities of special interest to individuals with disabilities and their family members, caregivers, service providers, advocates, and decision-makers have grown each year.  This year, the sponsored track features a plenary session on the responsibilities of physicians as patient advocates and workshops on intellectual disabilities and mental health, coalition building, special needs trusts, planning for the needs of adult children with autism, supporting positive behaviors of care recipients and providers, understanding brain function and brain injuries, and courtroom accessibility and design. 

Limited scholarships are available for individuals with disabilities to attend.  For more information, including “early bird” discounts on registration fees and accommodations, visit www.vgavirginia.org/conferences.asp, e-mail Joy.Duke@msn.com, or call 804-261-4046. 

AND
Proposed ADA Regulations Withdrawn from OMB Review

PROPOSED ADA REGULATIONS WITHDRAWN FROM OMB REVIEW
On January 21, 2009, the Department of Justice notified the Office of Management and Budget (OMB) that the Department has withdrawn its draft final rules to amend the Department's regulations implementing title II and title III from the OMB review process. This action was taken in response to a memorandum from the President's Chief of Staff directing the Executive Branch agencies to defer publication of any new regulations until the rules are reviewed and approved by officials appointed by President Obama. No final action will be taken by the Department with respect to these rules until the incoming officials have had the opportunity to review the rulemaking record. Incoming officials will have the full range of rule-making options available to them under the Administrative Procedure Act.

Withdrawal of the draft final rules does not affect existing ADA regulations. Title II and title III entities must continue to follow the Department's existing ADA regulations, including the ADA Standards for Accessible Design (see http://www.ada.gov/stdspdf.htm).  .

FINALLY
EQUITY e-newsletter: February 2009
http://www.wid.org/programs/access-to-assets/equity/equity


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

Keith-

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1. STIMULUS PLAN, PWDs, AND OLMSTEAD
2. FIXING THE DRUG BENEFIT
3. FED COURT UPHOLDS RIGHT TO SUE OVER TRUST FOR DD DAUGHTER
4. MARCI - MY MOTHER NEEDS NURSING HOME CARE, CAN MEDICAID HELP?
5. SpEd - BEWARE OF BULLYING - LIKE TO BE A SPECIAL EDUCATOR?
6. COMMUNITY CONCEPTS NEW CHAPTER OF TOASTMASTERS ADULTS W/ID
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STIMULUS PLAN, PWDs, AND OLMSTEAD
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Stimulus Plan, People with Disabilities, and Olmstead. Information Bulletin #275 (1/09).

The House of Representatives yesterday passed their version of the Stimulus Plan which now goes to the Senate.  There's some good news for people with disabilities and some glaring voids.

Some good point, include:

First, the House's Stimulus Plan version has $87 billion to help states' pay for Medicaid services.

This is really critical for the elderly and disabled because a number of states have been making noises about reducing community-based services, waivers, long-term care. [Interesting, these same states have not been threatening to reduce institutional care.]

In a previous Information Bulletin #268 (11/20/08),"States Cut Services For Elderly, Disabled," and Our Response?" we discussed a number of ADA challenges if your state carried through on such threats.  Obviously a number of states do not believe advocates will sue them under the ADA or do not care what the elderly and disabled communities care or want.

Our hope is that states' threats to reduce community-based services, given the $87 billion stimulus, will be at least delayed and hopefully never come to fruition.  If the threats do materialize, you should have your lawyers ready.

What about affirmatively using the $87 billion to end waiting lists for community-based services? The Olmstead decision talked about waiting lists moving at a "reasonable pace."  We know that many states have many people on waiting lists for community-based services for years!

Now is the time to meet with and talk to your state Medicaid officials about how they will affirmatively use the $87 billion.  Do not let your state violate the ADA by discriminating against people with disabilities or the elderly!

Second, the House's Stimulus Plan version has $13 billion to fix up and make more energy efficient public housing projects.  Finally!  Let's make sure that these funds increase accessibility for people with disabilities.  Under HUD's Section 504 regulations, "at least" 5% of public housing units must be fully accessible.

We know, based on 2007 data from the census (American FactFinder's American Community Survey), that we need a much larger percentage of accessible public housing units.  There are two strategies advocates should consider.  If a housing authority has not already complied with the minimum 5%, make them, and if they have 5% already, make them increase the supply of accessible units.

Now is the time to use these Simulus funds to make sure your public housing authority increases the percentage of fully accessible units.

One unmentioned point:

We hoped that Congress would initiate a national jobs program to significantly increase the number of personal care attendants, aka, home care aides.  We urged this in Information Bulletin #267, "Job Creation, Save Substantial Medicaid Funds, and Do What Disabled and Elderly."

An immediate "Stimulus" would be the creation, state by state, of a sufficient number of personal care attendants to end all waiting lists.  This Stimulus could assure adequate pay and training, as well as health care (via the federal government paying 100% of their Medicaid benefits).  This would have the extra benefit of enforcing the ADA in the process.

Stay tuned.  The Stimulus proposal is not final. Steve Gold, The Disability Odyssey continues

Back issues of other Information Bulletins are available online at http://www.stevegoldada.com with a searchable Archive at this site divided into different subjects.  To contact Steve Gold directly, write to stevegoldada@cs.com or call 215-627-7100.

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FIXING THE DRUG BENEFIT
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Fixing the Drug Benefit

January 29, 2009 • Volume 9, Issue 4

This week, leading congressional Democrats reintroduced the Medicare Prescription Drugs Savings and Choice Act, a bill to provide a prescription drug benefit under Original Medicare. If enacted, the legislation would create a government run coverage option that would provide real choice for people with Medicare who now can only receive coverage through a private plan.

Creating a benefit under original Medicare is essential to providing reliable, stable standardized coverage that assures access to medically necessary medications. Currently, private plans change what they charge and what drugs they cover year to year, making drug coverage for Part D enrollees unpredictable and inconsistent.

Fluctuating premiums destabilize coverage for individuals with limited income who receive Extra Help, a federal program to help cover the out-of-pocket drug costs for people with Medicare living under or just above the poverty level. Medicare randomly reassigns most individuals with Extra Help annually to a new Part D drug plan if their current plan will no longer qualify for a full-premium subsidy. This year alone over one million people with Medicare were reassigned due to increases in premiums by Part D plans.

Randomly reassigning people receiving Extra Help to new Part D plans may have serious health implications for individuals. Because Part D plans have wide discretion to decide which drugs they cover and what restrictions they place on coverage, a randomly assigned new plan may not cover an individual’s medications, causing an interruption in treatment.

A Medicare-run drug benefit will have the ability to negotiate lower drug prices—just like the Veterans Administration does—and be able to offer a low premium that is uniform nationwide. It will create stable coverage for all people with Medicare, including individuals with limited income enrolled in Extra Help. A drug benefit under Original Medicare would provide a consistent formulary. The proposed legislation would prevent drugs from being removed from the formulary mid-year but would allow new medications with clinical benefits to be added.

A Medicare option will provide consumers a refuge from the greed and ineptitude that has plagued drug benefit administration by many private plans. Most recently, WellPoint, the nation’s largest health insurance provider, was sanctioned by the Centers for Medicare & Medicaid Services (CMS) because of internal system failures relating to the company’s Part D plan. Thousands of people with Medicare who are enrolled in a WellPoint plan have been unable to access their prescriptions at the pharmacy, were charged improper premiums and co-payments, did not receive plan information such as formulary restrictions, and may have been unable to access the appeals and grievance processes, among other violations.

The proposed legislation provides an option of obtaining coverage through Original Medicare, a program trusted to provide good affordable health insurance for 44 years. The new benefit would create a more efficient appeals process, giving people with Medicare greater flexibility to quickly obtain coverage for medically necessary medications that are subject to formulary restrictions.

A new Congress means a new opportunity to revisit important reforms to the Medicare program. A drug benefit under Original Medicare would allow greater savings and access to needed treatments for older Americans and people with disabilities. Please ask your senators and representative to cosponsor the Medicare Prescription Drugs Savings and Choice Act.  
(thax medicarerights)

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FED COURT UPHOLDS RIGHT TO SUE OVER TRUST FOR DD DAUGHTER
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Federal Court Upholds Right to Sue State Over Trust Created by Mother for Developmentally Disabled Daughter

Dena K. Brown is a developmentally disabled adult, now age 49, although she functions roughly at the level of a three- or four-year-old child. As a result of her disabilities, Ms. Brown resides at a private, not-for-profit residential care facility in Kansas. The services she receives at the facility cost approximately $5,000 per month.

Dena Brown's monthly income is $864, which she receives in Social Security benefits because of her disabilities. Until August 2005, Medicaid payments bridged the gap between Dena Brown's income and the cost of her care facility.

When her mother passed away in 2003, Ms. Brown became the beneficiary of a residuary trust. The trust corpus includes approximately $15,000 in cash, two annuities totaling about $23,000, and the rights to 160 acres of agricultural land in Kingman County, Kansas (valued at approximately $30,000).

Ms. Brown's brother, Donald, is the trustee. Given Ms. Brown's disabilities, the trust provides the Trustee with the discretion to make a distribution of trust income or principal for her benefit. Dena Brown herself, however, has no legal authority to compel distribution under the trust. As a result, the Kansas Medicaid program did not deem Ms. Brown's trust assets "available resources" before 2004.

Kansas amended its applicable law, effective July 1, 2004. After that date, Kansas deemed trust resources available "to the extent, using the full extent of discretion, the trustee may make any of the income or principal available to the applicant or recipient of medical assistance." In accordance with this amendment, the Kansas Medicaid program notified Brown that after August 31, 2005, she would no longer receive Medicaid  because the value of her countable assets exceeded the program's minimum threshold of $2000.

Believing that it was unfair for Kansas to apply the law to her retroactively, Ms. Brown appealed the termination of her benefits. She lost in a state administrative hearing. Seeking an order enjoining Kansas from terminating her benefits, Ms. Brown then filed a lawsuit in federal district court alleging that the termination of benefits contravenes the Medicaid pact between the federal government and the state of Kansas and therefore violated her federal civil rights.

Initially, the district court granted Ms. Brown's motion for a preliminary injunction on June 8, 2006. The court "conclude[d] that in terminating plaintiff's Medicaid coverage based on K.S.A. § 39-709(e)(3), HPF [the Kansas Medicaid agency] has acted arbitrarily, capriciously and in contravention of 42 U.S.C. § 1396a(r)(2)(A)(I)."

A month later, the district court reconsidered its order. The court did not find that the trust should have been counted as a resource to Ms. Brown, as the Kansas Medicaid program asserted. Instead, the district court ruled that because she had initiated an appeal to the state administrative agency, she was required to continue pursuing her request for relief through the state courts.

The federal appeals court disagreed with the lower federal court. Ms. Brown is not bound to continue seeking relief through state courts. Her decision to go directly to federal court claiming a violation of her civil rights by the state of Kansas was a legal option available to her. Her case against Kansas can proceed in federal district court.

Brown v. Day, January 13, 2009.

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

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MARCI - MY MOTHER NEEDS NURSING HOME CARE, CAN MEDICAID HELP?
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Dear Marci,
My mother has Medicare and needs nursing home care. It doesn’t seem like Medicare covers very much of this care. Can she get Medicaid?
—Greg(Mesa, AZ)

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--------------------------------------------------------------------------------
Dear Greg,

You are correct that Medicare covers a very limited amount of “skilled nursing facility” care and only if you have been in the hospital and require a certain level of skilled nursing care or therapy. Medicaid is the country’s largest payer for long-term care.

Your mother may be eligible for Medicaid coverage of nursing home care if she meets the income and asset guidelines and meets functional eligibility criteria (assessments of your ability to function, for example, whether you need help with basic everyday activities like bathing and dressing). These guidelines and eligibility criteria vary from state to state. All states have a Nursing Facility Medicaid program that provides general health coverage, plus coverage for nursing home services. These services include room and board, nursing care, personal care and therapy services.

To find out more about how you can get Medicaid if you have Medicare and need nursing home care, visit Medicare Interactive.
http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=1666

— Marci
(thax medicarerights)

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SpEd - BEWARE OF BULLYING - LIKE TO BE A SPECIAL EDUCATOR?
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Beware of Bullying
All too often, the child who is getting bullied is afraid to let the teacher or parent know that they are being bullied. Why? This child is afraid of the...read more

So You Think You'd Like to be a Special Educator?
Here is a great starting point, be sure to answer the 10 questions to see if you have what it takes. You'll also want to see what the survey says...read more

Integrating Social Skills
How about 'Shaky Day' or 'Social Circles' or 'Negotiation Week' to add a little social skill enhancement to your weekly schedule? Social skill development helps to build good character and...read more
(thax about.com)

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COMMUNITY CONCEPTS NEW CHAPTER OF TOASTMASTERS ADULTS W/ID
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COMMUNITY CONCEPTS, INC. ANNOUNCES THE DEVELOPMENT OF A NEW CHAPTER OF TOASTMASTERS FOR ADULTS WITH INTELLECTUAL DISABILITIES

It is well understood that people who communicate effectively have a wider range of opportunities and can more successfully advocate for themselves and others.

People with intellectual disabilities often have co-occurring communication barriers.  While some people with intellectual disabilities may have a hearing impairment, others may experience a vast array of communication obstacles that interfere with their ability to communicate spontaneously.  As a result, people with intellectual disabilities are left feeling undervalued with a fear of being outspoken.  It is through this process that people with disabilities become invisible and lose their “voice”.

The Toastmasters organization has had great success in helping people enhance their communication and presentation skills.  Toastmasters have successfully assisted people to improve their articulation, increase their confidence and self esteem and enhance their presentation.

Community Concepts, Inc. has teamed with The Arc of Northern Virginia, The Arc of Greater Prince William and People First of Northern Virginia to form a chapter of Toastmasters dedicated to helping people with intellectual disabilities find their “voice”.

We are looking for people with intellectual disabilities who want to become self-advocates, improve their advocacy skills, learn to communicate effectively or simply want to find their voice.  Please join us at our Initiation meeting on February 12, 2009 at 7:00 PM at George Mason University in the Student Union.

Paul White, Lt. Governor of Toastmasters International, will join us to discuss how Toastmasters can benefit people with intellectual disabilities and how we can become a chartered member of Toastmasters International.

Community Concepts, Inc. provides residential and day programming services to people with intellectual disabilities in the Northern Virginia area.  Our mission is to empower people with disabilities to broaden their horizons and embrace new dreams.  One of our core values is helping people with disabilities experience dignity through having a voice.  For further information, please contact Paula Welsh at Community Concepts, Inc. at 703-680-5127.

Paula L. Welsh
President/CEO
Community Concepts, Inc.
4491 Cheshire Station Plz #122
Woodbridge, VA 22193
703.680.5127
703.878.1202 fax
(thax jb)

===============================
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://dac4va.org/main.htm 

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

++


=======================================================
DAC News V9-#15  Thursday, January 15, 2009 -- No Vote, No Voice!   [3 of 68]
========================================================
Before I start I want to give my condolences to the Norm Meldrum family in Maine as Norm recently passed away. Norm was very proactive as an advocate and operated the Ability Maine website. I spoke to him only two months ago but never thought he was in that bad of shape. We shared much information and I hope somebody will carry on his with excellent work. So long Norm, we'll miss you.......  

I wish I could start this letter with a Happy New Year but after looking over our state budget for Virginia and Governor Kaine's budget proposal all I can say is read this and start writing all of your legislators today!!!! It's no secret that our country has finally admitted to being in a severe recession but I insist we are in a worse depression than our infamous Great Depression. Instead of jailing those who created this financial crisis our government is handing out what eventually will be over a TRILLION dollars in bail out money to the very same crooks who created this mess. Why not stop the bail outs and let the markets straighten themselves out? After we throw a few trillion more dollars away maybe someone smart will realize bail outs don't always work. Look at Bank of America asking for a 2nd handout. Go figure.........

HEY, LISTEN UP
Advocates in Virginia this is a "call to arms" to protect your rights and freedoms and not to be set back several years from all of our recent advances. We must "unite" together as if our life's depended on it because our lives do depend on the items Governor Kaine wants to gut from our state budget, namely in DMAS funding. This is what stands between YOU and being sent to a nursing home or other institution to rot away your life. Please read on.    

Governor Kaine proposes to have these major changes to DMAS:

Elimination of Current Aggregate Cost Effectiveness for Waivers
AAA Effective July 1, 2009, the Department of Medical Assistance Services shall seek federal approval for the necessary changes to home and community-based 1915 (c) waivers to ensure that the actual cost of waiver services for an individual does not exceed the average annual cost of the alternative institutional setting. The department shall promulgate emergency regulations to implement this amendment within 280 days or less from the enactment of this act.

EXPLANATION:
This will impact all Waivers not just Waivers with Consumer Direction. DMAS proposes to first do an analysis of an individual's situation and to try to get them to reduce hours and/or get family or friends to provide some support so that services can be reduced to under the cost of institutionalization. YOU MUST GO TO AN INSTITUTION if you cannot reduce the services you need in the community to a life in hell or lose ALL Medicaid services. Think that's bad, read the next proposal-> 

EDCD Waiver Would Have a Wait List

III- Effective July 1, 2009, the Department of Medical Assistance Services shall seek federal approval for the necessary changes to the 1915(c) home and community-based waiver, known as the Elderly or Disabled with Consumer Direction (EDCD) program, to cap the enrollment at 15,250 slots. The department shall develop and implement a statewide waiting list. Current and potential enrollees in the Virginia Acute and Long Term Care Integration and Money Follows the Person programs are a priority and will automatically receive a slot. All other eligible individuals will be enrolled in the EDCD waiver as slots are available. The department shall have the authority to implement this change effective July 1, 2009, and prior to the completion of any regulatory process undertaken in order to effect such change. The department shall have emergency regulatory authority to implement this change.

EXPLANATION: The Governor wants DMAS to put a CAP on the EDCD Waiver which has NEVER been CAPPED, to stop individuals on other waiver waiting lists from getting on the EDCD Waiver UNTIL the never ending capped waivers have a very rare opening. This means fewer individuals will ever have a chance for an independent lifestyle except for the few that may transition via the Money Follows the Person program which makes MFP a contradiction in terms. Capping this waiver makes you a prisoner of the state for LIFE!!!!!!!!! (unless you were one of the very few people who could get out after 6 months in the institution under MFP). 

But this isn't all that threatens fellow Virginians and I'm sorry to start this letter out omitting other states -- but -- if your state faces similar losses then you'd better ready yourselves for a battle as well. Once we lose a service we may never get it back or at least not anytime soon.

Governor Kaine ran for governor as the "education governor" promising to fix the flaws within the system and I listened and asked him questions almost 3 years ago during one of his townhall meetings. Apparently Governor Kaine and Governor Arnold Schwarzenegger in California have been trading notes as Schwarzenegger is proposing permanent major cuts to Med-cal (Medicaid in CA) which will create a crisis for PWDs needing services.

Last month a coalition group requested a meeting with Governor Kaine to explain the concerns and recommendations from students, parents and other advocates regarding the Individuals with Disabilities Education Act (IDEA). In 2004 the U.S. Congress amended IDEA. Some of the amendments eroded long standing rights and provisions that had been a part of federal law for years by no longer requiring that States and schools do certain things. However, Congress did not prohibit States from continuing those rights and provisions – they left it up to the States to determine if certain provisions were still needed.

In response to the federal changes the Virginia Board and Department of Education embarked on a two year process to amend the Regulations Governing Special Education Programs for Children with Disabilities in Virginia. The Virginia Coalition for Students with Disabilities has been involved with this amendment process since 2006 by providing information to students, families and advocates and by communicating with the Virginia Board and Department of Education about the Regulations. 

Unfortunately, the Board and the Department decided to reduce certain rights and provisions as Congress would now allow (but not require.)  The proposed State Regulations now sit in the Governor’s office for his final review and signature before they can become effective.

The Coalition requested a meeting with the Governor and the Governor agreed to meet with the Coalition to hear about the issues. The community is now waiting to see how the Governor will respond. Will the Governor sign the proposed Regulations thereby reducing rights and provisions that have been in place for over 20 years or will he ask the Board and Department to rework the proposed Regulations to protect the long standing, and needed, provisions?

So batten down the hatches folks as this budget has many bad items that need to be removed and hopefully we can get an appointment to speak with Governor Kaine about changing his mind on these serious issues. I'll keep you informed.

WRITE YOUR LEGISLATORS TODAY!!!!!!! Tell them if they need money to put a "toll on roads" and not a "toll on people." No Caps on DMAS hours or the EDCD Waiver.

NEXT
If our governor would check this link: Medicaid Calculator he could calculate the money that any amount of dollars brings in and adds needed jobs plus other business activity. Try this from FamiliesUSA and you'll be amazed how much could be brought into your state as well.

NEXT
January 2009 Center for PAS Bulletin
A pdf version of this newsletter can be found at http://www.pascenter.org/newsletter/CenterforPASBulletinJan09.pdf

Previous newsletters can be found at http://www.pascenter.org/newsletter

NEXT
College Scholarships for Students w Parents w Disabilities
For more information regarding these scholarships, please contact:

The National Center for Parents with Disabilities and their Families
2198 Sixth Street, Suite 100
Berkeley, CA 94710
(800) 644-2666 (voice); (800) 804-1616 (TDD/TTY); FAX: (510) 848-4445

Website: http://www.lookingglass.org/

From: Scholarships at TLG [mailto:scholarships@lookingglass.org]
Sent: Thursday, December 18, 2008 12:21 PM
Subject: 2009 College Scholarships for Students with Parents with Disabilities

2009 College Scholarships for Students with Parents with Disabilities Announcement

All application materials must be completed and postmarked by Monday March 16, 2009.
        
Through the Looking Glass and its National Center for Parents with Disabilities and their Families are pleased to announce new scholarships specifically for high school seniors and college students who have parents with disabilities.  These scholarships are part of Through the Looking Glass’ new federal grant (New National Center for Parents with Disabilities and their Families). Please note that these are new awards and have different application procedures than in the past.  There are two separate scholarship awards, and each has separate eligibility requirements:

1. High School Seniors.  To be eligible, a student must be a high school graduate (or graduating senior) by Summer 2009, planning to attend college in Fall 2009 and have at least one parent with a disability. Five separate $1000 awards will be given out in Fall 2009. Individuals may submit only one application per award period.

2. College Students. To be eligible, a student must be currently enrolled in a college or university, be 21 years of age or younger as of March 16, 2009, and have at least one parent with a disability. Five separate $1000 awards will be given out in Fall 2009. Individuals may submit only one application per award period.

Selection criteria for all scholarships include academic performance, community activities and service, letters of recommendation and an essay describing the experience of growing up with a parent with a disability.

These Scholarships are also part of a research study on young adult children of parents with disabilities.  As explained in the Consent Form in the Application, you may be willing to participate in an optional survey about young adult children of parents with disabilities.  The additional information you submit on this survey will not affect your scholarship chances and will not be disclosed to anyone outside the project researchers; all identifying information will be removed.  If you consent to participate in this optional survey, we will email you the survey after we have received your completed application.

Thanks,

Scholarships Coordinator
Through the Looking Glass
The National Center for Parents with Disabilities and their Families
2198 Sixth Street, Suite 100
Berkeley, CA 94710
(800) 644-2666 (voice)
(800) 804-1616 (TDD/TTY)
FAX: (510) 848-4445
Website: http://www.lookingglass.org/

NEXT
Special Education Clinic and Conference

Hello Friends in Special Education Advocacy:
I'm writing to let you know about exciting developments in Special Education Advocacy at William & Mary Law School.  First, as you may have heard, William & Mary Law School has started the PELE (Parents Engaged for Learning Equality) initiative, and as part of that initiative, we have two exciting new courses.  The first is a Special Education Advocacy Law course that will begin this month, cross-listed with the School of Education, and taught by national experts in the field, Pam and Pete Wright.  We are so incredibly honored that we will have the Wrights teaching with us!  In addition to teaching, the Wrights have graciously been helping to design a Special Education Advocacy Clinic, which will begin this month under my supervision, and will start accepting clients February 1st. 

As an official clinic kick-off, and as a fundraiser for PELE, the Wrights will be holding a one-day Wrightslaw Conference, sponsored by the Virginia Trial Lawyers Association, on January 30th at the Sadler Center on William & Mary's main campus.  You may find a brochure and register for the January 30th training here: http://www.wrightslaw.com/speak/09.01.va.htm.  We hope you will pass information regarding this conference on to your colleagues, friends and clients who may be interested in attending.

In the meantime, please accept my best wishes for a happy new year.  I hope to see you at the Conference!

Thank you.

Patty Roberts
Clinical Assistant Professor of Law
Director, Clinical Programs and Legal Skills
William & Mary School of Law
P.O. Box 8795
Williamsburg, VA 23187-8795
(757) 221-3821 phone
(757) 221-3261 fax
perobe@wm.edu

AND
"Whole Community Day"  
at the
Virginia State Capitol
Thursday, January 22, 2009

You're invited to join us for Whole Community Day at the Virginia State Capitol

“Whole Community Day” at the Virginia State Capitol will be held on January 22, 2009. A day when individuals who believe that people of all ages and abilities, should be able to live in the Home and Community of their choice, will visit with their legislators. We share the goal of “Quality Home Care for all.”

The legislative packets are packed and ready to be delivered. All we need is you to come out and show your support.

We plan to start the day at 9:00 AM over at the General Assembly Building, everyone will meet with their own legislators first, then help deliver to the other legislators offices. All 140 legislative offices will be visited between 9:00 AM and 11:00 AM. After the visits are completed, you are invite to walk over to the Virginia State Capitol on Bank Street. We will meet in House Room #3 on the bottom floor close to the visitors entrance. The room has large screens to allow us to view the House of Delegate in session. The session starts at noon.

Special Note: If you live in House District 55 or House District 97 please let me know. Delegate Frank D. Hargrove, Sr.(District 55) and Delegate Chris Peace (District 97) will be stopping by House Room #3 to meet with their constituents before they go into session. 

For more information contact:

Linda Moore
(804) 749-3895
linda.moore87@yahoo.com

FINALLY 
FAST FACT
Medicare patients with chronic heart conditions who enrolled in the Medicare Health Support (MHS) demonstration, a chronic care management program administered by disease management companies, had 25 percent fewer hospital readmissions and 35 percent fewer readmission days. (What Works in Chronic Care Management: The Case of Heart Failure, Health Affairs, January 2009).

ONE MORE
Summer Internships for Students with Disabilities

The American Association of People with Disabilities is looking for college students with disabilities to apply for:

The 2009 Summer Internships for Students with Disabilities in Washington, D.C. Accepted candidates will spend the summer in Washington, DC, working either in Congressional offices or the IT Divisions of Federal Government Agencies. Roundtrip airfare, accessible housing, and a living stipend will be provided to each intern. To apply or for more information, visit: http://www.aapd.com/internships.html


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

Keith-

========================================================
1. AFFORDABLE, ACCESSIBLE, INTEGRATED HOUSING
2. INFLATED DRUG PRICES
3. IF I HAVE MEDICARE CAN I GET MEDICAID?
4. DTV UPDATE
5. LEARNING DISABILITIES COUNCIL SEEKS ADOPTION 
6. SpEd - AUTHENTIC LIFE SKILLS
========================================================
********************************************************
AFFORDABLE, ACCESSIBLE, INTEGRATED HOUSING
********************************************************  
Neighborhood Stabilization Program and Affordable, Accessible, Integrated Housing.  Information Bulletin #274 (1/09)

Last July, Congress appropriated $4 billion to States and local governments as "emergency assistance for the redevelopment of abandoned and foreclosed homes." HUD has issued its Guide to Eligible Uses of these funds, which include: purchase and redevelopment of foreclosed homes and the purchase and rehabilitation of homes and residential properties that have been abandoned or foreclosed on, "in order to sell, rent, or redevelop such homes and properties."  There are a number of other uses as well.

With regards to "affordable," one requirement for use of the Neighborhood Stabilization Program is that "not less than 25% of these funds are to be used for the purchase and redevelopment of abandoned or foreclosed upon homes or residential properties that will be used to house individuals or families whose incomes do not exceed 50% of area median income."  That's a minimum of $1 billion and it could be all $4 billion.

Housing activities include "acquisition, rehabilitation, rental, sale, conversion, and construction of housing units and homeowner assistance."

With regards to "accessible," clearly this is "federal financial assistance" so that the requirements of the Rehabilitation Act apply. At the minimum, 5% of the units should be rehabilitated and/or constructed to be accessible for people with mobility impairments.

Applicants for these funds are the same public recipients of the Community Development Block Grant (CDBG) funds.  Each State has such an agency for small cities and rural areas and most relatively large cities and counties are such recipients.

Advocates:

Whether or not your CDBG agency will apply for these funds and whether they will request these funds for the above housing activities depends on your influence!  You must be talking with these agencies and making your demands known.  You must be telling these agencies that if you needs are not being met, you'll oppose their application for any funds.

Whether the housing is use for "rental" vs "sale" vs other uses depends on what the CDBG agency wants it to be used for.  What do the advocates want?

Do you need rental and/or purchase low income accessible units below 50% of the area median income?  How far below 50%?  Remember that SSI is less than 20% of the area median income, so a CDBG applicant better state this in its application.

Will your local and state agency target any of these funds for people whose incomes are at 20%?  Target for rental purposes?  For home purchases?

How will you ensure that accessibility is in fact complied with?

You have a choice: sit on the sidelines or be part of the game.

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.

********************************************************
INFLATED DRUG PRICES
********************************************************
Inflated Drug Prices

January 8, 2009 • Volume 9, Issue 1

Switching to generic medicines can be a smart way to save money. People with Medicare, however, have to be careful that their Part D drug plan is not padding the bill for generic drugs.

Under the Silver Script Value plan, a Cleveland resident taking two heart medicines, a drug to lower cholesterol, an antidepressant, a medicine for a gastrointestinal disorder, and a drug to treat pain from shingles would spend $2,252 over the course of 2009, entering the Part D coverage gap in September. Once in the coverage gap (or doughnut hole), a SilverScript enrollee would pay the plan’s full price for these generic medicines—over $300 per month—for the rest of the year.

For the savvy consumer, there are five drug plans in Cleveland that cost less than $700 for the year for the very same drugs, less than a third of what a SilverScript member would pay. Enrollees in these plans never hit the coverage gap.

What explains the huge difference in drug prices?

CVS Caremark, the pharmacy benefit manager that offers the SilverScript plans, is jacking up the cost of these and other generic medicines. Instead of using the price SilverScript pays the pharmacy for these drugs, it charges enrollees an inflated price that it pays itself for administering the benefit. Carvedilol, a heart medicine, costs over $44 dollars under SilverScript, more than twice the price in other plans that charge enrollees the real pharmacy price. Gabapentin, for shingles pain, costs over $100 under SilverScript; it costs under $40 under competing plans. These high prices push SilverScript enrollees into the doughnut hole and stick them with higher prices once they have fallen into the coverage gap.

This pricing scam, which is also employed by other drug plans and Medicare private health plans that offer drug coverage, has been going on since the start of the Part D benefit in 2006, and it will continue throughout 2009. In 2010, however, thanks to regulation issued by the Centers for Medicare & Medicaid Services (CMS) this week, the scam will come to an end. Medicare private health and drug plans will no longer be allowed to charge members drug prices that are higher than the rate they pay pharmacies.

Problem solved?

Not entirely. Consumers can still be victimized by this pricing scam when they use mail order pharmacies, many of which are owned by these pharmacy benefit managers or are partners in offering Part D drug plans.

WellCare Classic, one of the cheapest drug plans for a Cleveland resident with Medicare who takes these 7 drugs, would cost $444 for the year using retail pharmacies but $1,997 using mail order. Consumers who use WellCare’s mail order pharmacy, whose prices average twice the rate at retail pharmacies, get pushed into the doughnut hole in July. They never get out.

CMS says in the recent regulation that it will keep an eye on such price discrepancies. They should. Such inflated prices are not just a bad deal for consumers; they cost taxpayers more money too.
(thax medicarerights)

********************************************************
IF I HAVE MEDICARE CAN I GET MEDICAID?
********************************************************
Dear Marci,
I have Medicare but a friend told me I might also qualify for Medicaid to help pay for my health care costs. What is Medicaid and how does it work with Medicare?
—Ned (Helena, MT)
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Dear Ned,

If you have a low income, you may qualify for certain Medicaid programs in your state, depending on your health care needs. Medicaid is a federal and state program that covers medical care for certain people with low incomes. Each state runs several different Medicaid-funded programs for different groups of people.

If you qualify for a Medicaid program, Medicare will pay first for your health care and Medicaid will pay second. In many cases, for services that both Medicare and Medicaid can cover (such as doctors’ visits, hospital care, home care and skilled nursing facility care), Medicaid will prevent or protect you from owing your doctor or hospital any Medicare coinsurances and copayments.

Medicaid may also pay for some additional services that Medicare does not cover, such as dental care or transportation to and from doctors’ appointments. Depending on which program you qualify for, Medicaid may cover extended long-term care services.

To find out more about how Medicare works with Medicaid, visit Medicare Interactive.
http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=150

— Marci
(thax medicarerights)

********************************************************
DTV UPDATE
********************************************************
DTV Transition Update

For the many people who are still unclear about what they need to do to prepare for the Digital TV conversion, which occurs on Feb. 17, here’s a simple explanation:

1- Do you have a digital TV?
  
Yes: Do nothing. You’re all set.
   No: Go to #2.

2- Do you have cable or satellite TV service?
       Yes: You most likely need to do nothing, but check with your service     provider to be sure.
       No: Go to #3.

3- Do you use rabbit ears or an outside antenna for your TV reception?
    Yes: You need to get a converter box now! Boxes are available in retail stores for about $40 to $70. You can put your name on a waiting list for a converter box coupon for $40 off up to 2 converter boxes per household. However, you may not receive your coupon in time for the transition.
   No: See #1 and #2.

********************************************************
LEARNING DISABILITIES COUNCIL SEEKS ADOPTION 
********************************************************
LEARNING DISABILITIES COUNCIL SEEKS ADOPTION 

The Learning Disabilities Council (LDC), a respected, all-volunteer, aging, local service organization on the verge of dissolution, seeks to contact a group of energetic young parents searching for a ready-made vehicle to help them to support the needs of their learning disabled children. 

The LDC was founded in 1973 in Richmond, VA, as learning disabilities were beginning to gain attention and recognition.  At the time, the LDC filled a serious need for leadership and advocacy.  Representatives from interested local organizations and professional groups joined together to provide both board members and financial help.  (AAUW, Federation of Women's Clubs, etc.)  The LDC's proud accomplishments over the years, including conferences, teaching videos, and publications, are listed under "History" on its website, www.ldcouncil.org. 

The needs for advocacy and action on behalf of children with learning disabilities are as great as ever, and the tools are in place, ready for "take over".  Available are: 
  ---  The name, P.O. Box, and telephone number (established & familiar since 1973). 
  ---  The website www.ldcouncil.org. 
  ---  "Learning Disabilities Directory" (59 pp statewide directory), on disc, waiting to be updated and reprinted. 
  ---  "Understanding Learning Disabilities, A Parent Guide and Workbook" (254 pp book), on disc, waiting to be updated and reprinted. 
  ---  A Support Group for Adults with LD and ADHD (on-going since 1997).
  ---  By-laws, records, a history, and a good name. For many years, until 2 years ago, the LDC was a United Way agency for selected giving. 
  ---  Initial guidance from retiring volunteer director, plus a small treasury to support the LDC's revival. 

IS THERE A GROUP OR ORGANIZATION OF YOUNGER PARENTS OR PROFESSIONALS THAT WISHES TO CARRY ON THE MISSION OF THE LEARNING DISABILITIES COUNCIL? 

ALL WHO ARE SERIOUSLY INTERESTED ARE ASKED TO CONTACT INGE HOROWITZ, LDC EXECUTIVE DIRECTOR, BY JANUARY 23, 2009 AT 804-358-2720 OR HARINGEW@COMCAST.NET. 

********************************************************
SpEd - AUTHENTIC LIFE SKILLS
********************************************************
Authentic Life Skills
We often take life skills for granted, however, some students with special needs will require the direct teaching of life skills. The school environment can be a great place for...read more

Getting Started with Functional Life Skills
We ALL need life skills, however, some of our students need a greater emphasis on the teaching of the basic life skills. This article helps you implement some basic life...read more

Have Students Set New Goals for 2009
One activity I love to do with my own children is to have them right down their goals along with the strategies they need to implement in order to achieve...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://dac4va.org/main.htm 

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




++



======================================================
DAC News V9-#14  Saturday, December 20, 2008 -- No Vote, No Voice!   [3 of 68]
========================================================
There's so much to write about regarding our economy but I'll forego that for this last letter of the year so I can wish all of you a Happy Holiday Season. I'd also like to thank all of you who supply me with information and feedback because you are the ones who make these letters worth reading. Please remember that DAC has a new website still under construction at:
http://dac4va.org/main.htm

Also in our last letter there was a blurb about writing wounded soldiers at Walter Reed. We've been informed that the address is not valid and its to late to write to the correct address now. Sorry, but sometimes good thoughts and bad information get crossed.

We do have a request for you to write your state Delegate's in Virginia only and feel free to copy our simple letter to:

House Labor and Commerce Committee - Please support MBC's HB 1588


To The Honorable Members of the House Labor and Commerce Committee:

On November 19, 2008 the Mandated Benefits Commission (MBC) voted in favor to recommend passage of legislation to provide autism benefits for groups health insurance coverage for companies having more than 25 employees in HB 83 and HB 1588.

We are asking that the members of the HLCC and Delegates across the state to support the vote of the MBC to provide insurance coverage for autism services.

Please use this list of committee members as well as your Delegate:
DelKAlexander@house.state.va.us, DelKByron@house.state.va.us, DelBCline@house.state.va.us, DelFHargrove@house.state.va.us, DelTHugo@house.state.va.us, DelBJanis@house.state.va.us, DelJJohnson@house.state.va.us, DelDJones@house.state.va.us, DelTKilgore@house.state.va.us, DelDMarshall@house.state.va.us, DelJMcClellan@house.state.va.us, DelKMelvin@house.state.va.us, DelHMorgan@house.state.va.us, DelSNixon@house.state.va.us, DelKPlum@house.state.va.us, DelBPurkey@house.state.va.us, DelTRust@house.state.va.us, DelJWard@house.state.va.us, DelLWare@house.state.va.us

NEXT
Accessible Technology webinar series
ANNOUNCING THE 2009 ACCESSIBLE TECHNOLOGY WEBINAR SERIES

The DBTAC- Great Lakes ADA Center is pleased to announce that we are sponsoring a 2009 Accessible Technology Webinar series The goal of the series is to increase awareness about the importance of technology accessibility for people with disabilities. Each session is 90 minutes in length. They will be held from 2:00-3:30 p.m. Eastern Standard Time (earlier time of day depending on your time zone) on dates specified.  The entire program is delivered via an on-line conferencing tool (high speed internet connection desired).  There is a fee for participation ($50.00 Non-Profit Entities and $100.00 For Profit Entities).  Registration is available on-line at: 

http://www.ada-audio.org/Webinar/AccessibleTechnology/    Questions regarding the program should be directed to Janet Peters, Coordinator for Accessible Technologies via email at jpete@uic.edu or via telephone at 877-232-1990 (V/TTY)

CAN YOU CREATE ACCESSIBLE WEBSITES USING FLASH? 
Monday January 12, 2009 1 – 2:30 pm CST

CAPTIONING VIDEO FOR THE INTERNET 
Monday March 9, 2009 1 – 2:30 pm CST

AN UPDATE OF THE 508 ACCESSIBILITY STANDARDS 
Monday May 11, 2009 1 – 2:30 pm  CST

THE WHY AND HOW TO CREATE ACCESSIBLE PDFs 
Monday July 13, 2009 1 – 2:30 pm CST

AN INTERNATIONAL PERSPECTIVE OF WEBSITE ACCESSIBILITY 
Monday September 14, 2009 1 – 2:30 pm CST

NEXT
Virginia Board for People with Disabilities
Requests 2009 Competitive Grant Proposals 

The Virginia Board for People with Disabilities, the state’s Developmental Disabilities Planning Council, has identified 2007-2011 State Plan objectives and 2008 Biennial Assessment recommendations in Education & Early Intervention, Employment, Formal/Informal Community Supports, and Transportation, for which it seeks proposals for 2009 competitive grant awards.  Any proposals funded must address one or more specific State Plan objectives and the Board’s mission of system change and/or capacity building. 

Board grants are 100% funded by the U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Developmental Disabilities.  The Board is bound hereunder only to the extent of the funds available or which may become available. 

The 2009 RFP booklet, forms, and other important documents needed to complete an application, are available on the Board’s website at www.vaboard.org/grants.htm. 

Please note, applying for grant funds is now a 2-STEP PROCESS: 

---  STEP 1:  Submission of a Letter of Interest (LOI) by no later than January 30, 2009. 
---  STEP 2:  Submission of a Proposal, if selected, by no later than March 31, 2009. 
---  No one may submit a proposal without having first submitted a LOI. 

Attendance at a RFP Workshop on January 12, 2009, is not mandatory, but is highly recommended.  Please see the RFP Booklet for information on schedule, locations across Virginia and registration information.  Deadline for registration is January 5, 2009. 

Questions regarding grants management or general guidelines for the RFP process should be directed to:

          Lynne Talley, Grants Manager
          Virginia Board for People with Disabilities
          202 North 9th Street, 9th Floor
          Richmond, VA  23219
          (804) 786-9375 (Voice/TDD)
          (800) 846-4464 (Toll-Free, Voice/TDD)
          (804) 786-1118 (Fax)
          Lynne.Talley@vbpd.virginia.gov. 

Additional contact information is available in the RFP Booklet. 

NEXT
Whole Community Day

Thursday, January 22, 2009
Virginia State Capitol
House Room # 3
Bank Street
Richmond , Virginia

Visit with your Virginia Legislators

At this time the group of self-advocates and advocates, plan on meeting between 10:00-10:30 in House Room # 3 of the Virginia State Capitol.  The entrance is on Bank Street .

House Room # 3 is close to the entrance on the ground floor. It has large screens to view the House of Delegates when they are in session. Session starts at noon.

For Hanover residents, Delegate Frank D. Hargrove, Sr. will greet the group before the House goes into session.

For More Information Contact :

Linda Moore
(804) 749-3895
linda.moore87@yahoo.com

NEXT
New Website: Going-to-College.org for Sudents with Disabilities
www.going-to-college.org The site is written to students and the content is based on focus groups conducted with college students with disabilities and modules piloted with students with disabilities at VCU. It contains a wealth of helpful information; please share it with anyone you think would be interested.

AND
Developmental Disabilities - Exceptional Vacations
What better gift this holiday season than one of travel and adventure?!

Exceptional Vacations provides high quality supervised vacations for individuals with developmental disabilities and other special needs. We also prepare custom vacations for you, small groups, or entire agencies (just ask for one of our free proposals).

If you are already on our mailing list you should be receiving our latest brochure of supervised vacations in the next week or so. We have a wide variety of trips this upcoming year (WWE Wrestling, Bahamas Cruise, Disney, Hollywood California, Alaskan Cruise, and many more). Click here for a listing of all of our 2009 trips: www.exceptional-vacations.com/Trips.htm .

If you are not already on our mailing list, what are you waiting for? It is as easy as clicking the following link: Sign up for our mailing list.

If you would like more information about our services, or would like to make a reservation for one of our vacations, call us at 954-972-3667 or toll free at 866-748-TRIP.

Happy Holidays,
Exceptional Vacations

NEXT
STOLEN ACCESSIBLE SPORTS EQUIPMENT
Brooks Rehabilitation located in Jacksonville, Florida recently had a trailer of adapted sports equipment stolen. The equipment was valued at about $60,000 and was partially insured. The equipment included hand cycles and sports chairs and was virtually new.

We are trying to help the program obtain about $10,000 so they can get this valuable service back in operation. Many people relied on the equipment not only as their only form of exercise but athletes who compete semi-professionally need the equipment for training as well.

We are sending this to literally hundreds of people and therefore the old adage about "no gift is too small" really is true. If you can afford to donate $20.00 or even $10.00 we as a group could get this valuable community asset back up and running. Large donations will also gladly be accepted! Your donation is tax deductible as the program is a 501c-3 program.

If you can afford to give please make your check out to "Brooks Adaptive Sports and Recreation Program" and mail it to the offices at Handicapped Driver Services here in Marietta. We will match every donation we receive with a 10% match.

In advance I thank you for your consideration.

Michael

Michael Dresdner
Handicapped Driver Services
1310 Kennestone Circle
Marietta, Georgia 30066
770-422-9674
mdresdner@hdsvans.comwww.hdsvans.com

FINALLY
FAST FACT
As of June 2008, nearly 1.7 million people with Medicare were enrolled in group Medicare Advantage (MA) plans sponsored by their former employer or union, up from just over 900,000 in 2006. One particular type of MA plan, the private fee-for-service (PFFS) plan, has gained the majority of new enrollment in group MA plans, with enrollment increasing from about 33,000 in 2006 to more than 600,000 in 2008. (“The Emerging Role of Group Medicare Private-Fee-For-Service Plans”, Kaiser Family Foundation, December 2008).


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

Keith-

========================================================
1. SENATOR DASCHLE - WHAT'S HE SAID ABOUT LONG TERM CARE
2. WHAT ABOUT THE LOWEST INCOME DISABLED?
3. SCALPED
4. SpEd - CHRISTMAS BOOKS FOR THE SPECIAL EDUCATOR
5. SpEd- LEARNING TO READ: A FOCUS ON STRUGGLING READERS
6. DEAR MARCI - CAN I HAVE BOTH MEDICARE AND MEDICAID?
========================================================
********************************************************
SENATOR DASCHLE - WHAT'S HE SAID ABOUT LONG TERM CARE
********************************************************  
Senator Tom Daschle - What's He Said About Long Term Care. Information Bulletin # 273 (12/08)

President-elect Barack Obama has nominated former Senator Tom Daschle to be Secretary of the U.S. Department of Health and Human Services.  His book "CRITICAL - What We Can Do About the Health-Care Crisis," (Thomas Dunne Books, St. Martin's Press, 2008) is quite important for advocates of the disability and elderly communities.  Below are some relevant portions of the book.

The book starts out with the following quote: "Millions of our citizens do not now have a full measure of opportunity to achieve and enjoy good health. Millions do not now have protection or security against the economic effects of sickness.  The time has arrived for action to help them attain that opportunity and that protection."

Whom did he quote?  Clinton?  No.  President Harry Truman, 1945. Daschle writes that both Truman in 1945 and Clinton in 1993 "underestimated the strength of the forces arrayed against them.  Special-interests lobbyists...."  He asks "Why have we failed to solve a problem that is such a high priority for so many citizens?... the limitations of our political system, and the power of the interest groups...."

Here's what he writes about "long-term care," which he recognizes as a "troubling area - and the only one in which we spend less compared to peer nations."  Medicaid "is fundamentally geared toward institutional care, even though most elderly people prefer to receive care at home or in more personalized community settings."

Daschle quotes Professor David Mechanic who calls "long-term care' the stepchild of our health-care system'," which "vividly exhibits our system's inability to deal with chronic conditions in an integrated way."

"I believe that our health-care system must cover these vital services [i.e., long-term care]....  We should promote home-based care, which most people prefer, instead of the institutional care that we emphasize now."

OK. Now let's see if he will walk-the-walk, and not just talk-the-talk.

Will Daschle and Obama have both the will and fortitude to stand up to the "power of the interest groups" that have forced people with disabilities and elderly Americans to go into nursing facilities instead of receiving care at home?

Will he take the initiative and make sure Medicaid provides every elderly and disabled American the choice of where they wish to receive long-term care?

We know that the "interest groups" will not roll over.  Our challenge is to hold Daschle and Obama to their statements.  "Yes we can."  We have the power!!!!  Write letters to your local newspapers and opinion pieces, quoting Daschle. Tell stories of real people.

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 ABOUT THE LOWEST INCOME DISABLED?
********************************************************
What About the Lowest Income Disabled? - Information Bulletin #272 (12/08)

With all the talk of reforms, it's fascinating that disabled people with the lowest incomes have been either ignored or forgotten.  With all the chatter about health reforms, economic stimulus packages, and employment programs, the lowest income disabled people are not mentioned.  First, we'll provide some background data, and second some suggestions.  [The following data is from the SSA's SSI Annual Statistical Report, 12/2007, Tables 14, 7.D1, and 65 and this data is available for your state.]

Disabled Low-Income People 18-64:

There were 10,627,905 disabled people ages 18-64 who received Social Security Disability Insurance only, Supplemental Security Income only, or both. These disabled people were among the lowest-income groups in the country.

Here's a breakdown of the income of these people. (The federal poverty level in 2007 for one person was $851 monthly and annually $10,210.)

Social Security disability insurance (SSDI) payments only b 6,405,985 people. Monthly average benefits were $1,063, annually $12,756.

SSI payments only - 2,966,648 people. Monthly average payments were $595.75, annually $7,149.

SSDI/SSI both - 1,255,272 people. Monthly average payments for people receiving a combination of SSDI and SSI were $713.90 monthly and annually $8,566.80.

Disabled Low-Income People 65 and Over:

When disabled people ages 18-64 on SSDI reach 65, they convert to the Social Security "aged" category, and separate disability data is not collected any longer. When, however, disabled people on SSI reach 65, they remain a disabled SSI recipient, and disability data is separately maintained.  As a consequence, we have data only for SSI disabled people over 65, of whom there were 776,600.

There is a total of 3,743,248 disabled low-income people who receive SSI (the 2,966,648 million disabled people ages 18-64 plus the 776,600 over 65). Adding these people with the SSDI only and SSID/SSI both recipients for a grand total of 11,404505 disabled people whose incomes are from federal SSI, SSDI, or both programs.

The Last Eleven Years:

The number of SSDI only recipients increased by 55% since 1996.  Average monthly payments increased 43%.

The number of SSI only recipients increased only 16%.  Average monthly payments increased 30%.

The number of SSDI/SSI both recipients increased 25% since 1996.  Average monthly payments increased 31%.

Some ideas for discussion:

1.  Health programs

A.  Health reforms should consider how Medicare does not pay for much Long-Term Care for the 6,505,985 people who receive SSDI only.  These disabled people on Medicare have to impoverish themselves in order to become eligible for and therefore to receive Medicaid's Long Term Care services that the 1,255,272 SSDI/SSI both and 2,966,648 SSI only (under 65) and the776,600 (over 65) disabled people are eligible to receive because they receive SSI.  That's nearly 5 million disabled people.

If you are disabled and receive SSDI only and therefore receive Medicare only, you are not automatically eligible for Medicaid and consequently receive substantially less LTC coverage than if you were on SSI or SSDI/SSI.

B.  While we're at it, what about Medicare Part LTC for all disabled people. (See Information Bulletin #269).  Let's remember that the over whelming number of the above 11.4 million disabled people do not need or require any LTC services.  For those disabled people on SSDI who do require LTC, nearly all will have to impoverish themselves to become eligible for Medicaid, despite having worked most of their lives. Given the modest average monthly payments they receive ($1,063), they cannot afford to pay for LTC insurance and they do not qualify for Medicaid's LTC services.

LTC for all disabled people whose incomes are SSDI, SSI, or both must be addressed.  So far, public discussions regarding health reforms have ignored them.

C.  And what about prescriptions?  The 6.5 million disabled people on SSDI and therefore on Medicare pay a much larger co-pay for their prescriptions under Part D out of their minimal monthly benefits than the nearly 5 million disabled people SSI recipients who either receive their prescriptions under Medicaid without paying or who pay, at most, minimal co-pays.

People with the exact same disabilities receive different health care benefits (whether LTC services or prescriptions)depending solely on a past work history and thus their eligibility for SSI, SSDI, or SSDI/SSI - not based on their needs, impairments, or any other meaningful criterion.

2.  Income Inequality - Narrow the Gap

Economic stimulus discussions have focused on roads and bridges for cars and other bricks and mortar programs.  None have talked about ensuring that people who are disabled receive at least poverty-level incomes, to say nothing incomes at a decent living standard.  The income gap for these low-income disabled people grows wider by year.

Here's what we figure it would cost to bring disabled people up to the minimal poverty level.

Increase the SSI payments by 43% for the nearly 3.7 million people (all ages) on SSI only and increase the payments by 19% for the nearly 1.3 million for the SSDI/SSI (both) category.  Annually, this means a monthly increase of $255 for people on SSI and a monthly increase of $137 for people on both SSI/SSDI the total federal expenditures will be far less than what Congress is allocating to the banks and car manufacturers.

Increasing the monthly SSI payments to the poverty level would result in an immediate economic stimulus because these low-income people would have more income for necessities. To survive, they must and will spend all their income.

3.  Employment

Many of the total 10.6 million disabled people under 65 (and probably a number of the 776,600 disabled people over 65) want to work, whether full-time or part-time.

Given the archaic employment related restrictions in both the SSI and SSDI income programs and the medical programs and benefits affixed to each these income programs, many disabled people will not jeopardize these benefits by seeking employment.

How about a jobs program for disabled people?  Funny?  Don't forget that during WWII, when the country needed disabled workers, disabled people were hired in significant numbers.

How about an employment program that would also reduce federal and state Medicaid expenditures by focusing on disabled people to provide community-based personal care services to other disabled people who are currently institutionalized and want to reside in the community.  There are people on SSI and/or SSDI who can work IF the archaic employment related restrictions in SSI and SSDI were changed and IF there were meaningful economic incentives.

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.

********************************************************
SCALPED
********************************************************
Scalped!

December 18, 2008 • Volume 8, Issue 50

It costs taxpayers over $3 for every $1 in “extra benefits” provided by Medicare private fee-for-service plans, a fast-growing type of Medicare “Advantage” plan that does not restrict which doctors its enrollees can use.

For Medicare PPOs, it costs taxpayers around $2 for every $1 worth of “extra benefits.”

In Medicare HMOs, the savings that insurers generate from strictly limiting which providers enrollees can use, and limiting what they pay those providers, account for just 3 percent of the cost of extra benefits. Taxpayers pay for the rest.

These numbers come from the Medicare Payment Advisory Commission (MedPAC) and demonstrate why it is so wasteful to try to deliver extra benefits by subsidizing private insurance companies that are less efficient than Original Medicare and that pocket part of the subsidies as profit.

The real story is probably worse. MedPAC’s numbers are based on the estimated value of extra benefits, such as dental coverage or reduced doctor copays, that Medicare Advantage plans have promised to provide for 2009. No one knows how much in extra benefits are actually delivered because the Bush administration stopped collecting that data when it took office. Research by the Government Accountability Office (GAO), however, shows that, in 2006, Medicare Advantage plans underestimated the value of medical services they would deliver by $1.3 billion. That “mistake” wound up on the insurance companies’ bottom lines as profits.

In a separate report, GAO found that in early 2007, once they were no longer locked into their plan, over 20 percent of enrollees quit their Medicare private fee-for-service plans. For other Medicare Advantage plans, one in ten quit when they got the chance. People who quit tended to be sicker than those who stayed, which may indicate something about the value of plans’ “extra benefits” to people in poor health.

A fairer, more efficient way to help people with Medicare who are struggling to pay their medical bills would be to expand access to Extra Help, which reduces copayments and provides coverage through the doughnut hole under the Part D drug benefit, and to increase enrollment in Medicare Savings Programs, which pay premiums and copayments for medical care. Both these programs help people with Medicare who have low incomes and limited savings. But there are many more—roughly 20 million people with Medicare live on less than $20,000 per year—who need the help but have a little too much in savings or income to qualify for assistance.

Next year, when Congress goes after the wasteful subsidies Medicare pays to insurance companies, it should expand access to Extra Help and Medicare Savings Programs and help more low-income older adults and people with disabilities afford the medical care they need.
thax medirghts)

********************************************************
SpEd - CHRISTMAS BOOKS FOR THE SPECIAL EDUCATOR
********************************************************
Christmas Books for the Special Educator
Teachers and special education teachers are sure to enjoy some of the great books listed here. For those tough to buy for individuals, you can't go wrong with a great...read more

Learn to Type for Free
A large number of students with language processing disorders or learning disabilitiess are encouraged to use a laptop or computer to assist learning. And although assistive technology is great, these...read more

Teaching With Picture Books
Finding the right hook to motivate struggling learners is often a challenge. However, a tried and true method is to incorporate the use of picture books to stimulate writing, thinking,...read more
(thax about.com)

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SpEd- LEARNING TO READ: A FOCUS ON STRUGGLING READERS
********************************************************
Learning to Read: A Focus on Struggling Readers
Learning to read may seem like quite a natural process. However, step back and think about what it's like when you pick up a newspaper, book or label that is...read more

Let Them Write Their Own Report Card
Right around report card time, I see a lot of teachers getting their students to predict what their marks will be. What a great non-fiction writing idea! After all, when...read more

Welcome to Gallaudet: University Serving Students who are Hard of Hearing or Deaf
Gallaudet is the world's only four-year university for deaf and hard of hearing undergraduate students. The university also offers graduate-level programs available to deaf, hard of hearing, and hearing students,...read more
(thax about.com)

********************************************************
DEAR MARCI - CAN I HAVE BOTH MEDICARE AND MEDICAID?
********************************************************
Dear Marci,
I recently realized that I am eligible for Medicaid in my state, but I already have Medicare. Can I have both at the same time?
—Eric (Portland, OR)

--------------------------------------------------------------------------
--------------------------------------------------------------------------
Dear Eric,
Yes. As long as you meet Medicaid’s income and asset limits, you can have both Medicare and Medicaid benefits, but Medicare will always be the primary payer and Medicaid will pay second. Medicaid can pay for many medical expenses not covered by Medicare, such as personal care at home, long-term nursing home care or transportation to the doctor.

If you are eligible for Medicaid, the government will also pay your Medicare Part B premium ($96.40/month), but you may need to actively enroll in the Qualified Medicare Beneficiary Program (QMB) in addition to Medicare. Also, when you have Medicaid, you will automatically qualify for Extra Help, a federal program that helps pay for most of the costs of the Medicare drug benefit (Part D).

To find out more about how Medicaid will work with Medicare to cover your medical costs, visit Medicare Interactive. http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=150

— 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://dac4va.org/main.htm 

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



++


========================================================
DAC News V9-#13  Sunday, December 07, 2008 -- No Vote, No Voice!   [3 of 68]
========================================================
Well, it only took a year before the federal government and the markets admitted we were in a recession now I wonder how long it will be before they admit that we're actually in a depression? I suppose if you are out of work this is a recession but when the number crunchers lose their jobs this will finally be called what it is and that is a depression. I've followed the stock markets for a number of years and have never even heard of such a situation as this global depression is alone see it. But this too had to happen to shake all the excesses from our markets and put things back into perspective. Fear not though for this too shall pass but not anytime soon. So hang onto cash and start saving because you just never know when you'll need to tap your reserves. Just my thoughts about the economy.......kk-

NEXT
Shall We Call It a Depression Now?
http://www.truthout.org/120508U

Texas Time Warp? State Criticized for Mental Care
http://www.truthout.org/120508HA

Alzheimer's Disease
Genomic Dragnet Finds Clues to Likely Suspects in Alzheimer's
http://www.nimh.nih.gov/science-news/2008/genomic-dragnet-finds-clues-to-likely-suspects-in-alzheimers.shtml
National Institute of Mental Health

Ginkgo Evaluation of Memory (GEM) Study Fails To Show Benefit in Preventing Dementia in the Elderly
http://www.nih.gov/news/health/nov2008/nccam-18.htm
National Center for Complementary and Alternative Medicine

Hearing Disorders and Deafness
One Gene, Two Proteins? Researchers Discover New Deafness Gene Capable of Multitasking
http://www.nidcd.nih.gov/news/releases/08/11_18_08.htm
National Institute on Deafness and Other Communication Disorders

Veterans and Military Health
Veterans Resource Guide: Getting Help Is Easier Than Ever Before
http://download.ncadi.samhsa.gov/ken/Veterans_Resource_Guide_Flyer.pdf
Substance Abuse and Mental Health Services Administration

Gun for the disabled 'classified as medical device'
http://www.newscientist.com/article/dn16207-gun-for-the-disabled-classed-as-medical-device.html

Artist envisions turning fake eye into real eye
http://tech.msn.com/news/articlecnet.aspx?cp-documentid=14176836&GT1=40000


Rerouting urinary nerves may help spina bifida
http://apnews.myway.com/article/20081110/D94CA4S00.html

Great holiday idea
When doing your Christmas cards this year, take one card and send it to this address. If we pass this on and everyone sends one card, think of how many? cards these wonderful special people who have sacrificed so much would get.

When you are making out your Christmas card list this year, please include the following:

A Recovering American Soldier
c/o Walter Reed Army Medical Center
6900 Georgia Avenue, NW
Washington,D.C. 20307-5001

AND
Your Official Invitation to Join Us in 2009!
It's my pleasure to personally invite you to join us at the 2009 Biennial Autism Congress "Autism Through the Lifespan" taking place in beautiful Vancouver, British Columbia from February 26th to March 1st 2009!

For Full Event Details Go To: http://www.autismvancouver.com

A CHRISTMAS GIFT??????
A year or so ago we told you about Rick Goldstein, a c5-6 quad, who invented a portable commode / shower chair because he couldn't find a practical one anywhere that was safe, comfortable and/or affordable.  His company, GO! Mobility Solutions, has come a long way since our initial introduction, having added two more models and numerous amenities and features to their portable shower chair line with more on the way.  Their products work just as well for everyday use at home as they do on the road, eliminating the need to buy separate chairs for home and travel.  Take another look at them at www.GoesAnywhere.com.  Rick has offered to extend to DAC subscribers an additional $25, $50 or $75 discount on their CS, SP or CST models, respectively, should you decide to place an order.

NEXT <---------I never knew this......hmmmmmm.....
Warning: "Slow Down - Move Over" Law in Virginia
When you drive on any Virginia road that is four lanes or larger and see an emergency vehicle -- police car, fire or rescue -- Virginia law requires that you move over or slow down.  State troopers have been issuing tickets to drivers who violate the law.  Here is important information from theNewspaper.com: http://neddy.blogsome.com/2008/10/22/slow-down-move-over-law/

Virginia: Unknown Traffic Violation Carries $2500 Fine
Virginia motorists face $2500 fine for Move Over traffic violation of which 71 percent of the public is unaware.
(thax NVRC www.nvrc.org) <-----sign up to get their great newsletters:)

FROM A READER -  Prilosec
Keith,
Another pharmaceutical scam to be aware of.  I take 20 mg of omerprazole twice a day.  I am in the gap, but my Medicare Part D plan does not charge me anything. (Envision).  Today I went to fill a new prescription, and to my surprise, they told me it would me $172.61.  Needless to say I told them that I could not afford that and did not buy it.

But my curiosity got the best of me, and I called Envision.  They told me that the new prescription for omerprazole was for 40 mg once a day, and that even though it was generic, it did not have a generic co-pay. This didn't make a lot of sense to me, as either way I was taking 40 mg per day, and that the drug was only worth $40 to begin with. (I had all the information in front of me).  The 20 mg tablets are manufactured by Sandoz.  The 40 mg tablets are manufactured by Watson Pharmaceuticals.  Thought you might like to pass on the information.

P.S. You can also buy the generic over the counter for less than $10.00
 
LQQK
December SMART Newsletter
The December 2008 issue of the SMART-One newsletter is now available for downloading at: http://www.smartoneinc.net/newsletter/SMART_One_Newsletter_Dec08.pdf

NEXT
FAST FACT
Medicare private health plans (also known as “Medicare Advantage” plans) received $6.8 billion in improper payments in 2006, primarily from plans’ errors in documenting their enrollees’ diagnoses. The improper payments are equal to 10.6 percent of total payments to Medicare Advantage plans for the year. (Centers for Medicare & Medicaid Services, CMS Issues Improper Payment Rates for Medicare, Medicaid, and SCHIP, November 2008)

GIVE EM YOUR IDEAS <------I do:)
Obama Asks Nation for Input On Reforming Health System
'We Want Your Exact Ideas,' Daschle Says
Obama's transition Web site, www.Change.gov

ACTION
Rally for Reform to Promote Dignity and Justice for People with Disabilities
Insisting on full inclusion, people with disabilities rallied at the State Capitol in Richmond, VA on Wednesday, December 3rd.  More than 200 self-advocates, families, friends, and supporters gathered to celebrate the progress that has been made in Virginia and worldwide and to demand that the Commonwealth continue to move forward.  December 3 also marked the United Nations International Day of Persons with Disabilities. Members of the disability community urged Gov. Timothy M. Kaine to redirect $43 million earmarked for renovation of buildings at Central Virginia Training Center in Lynchburg to smaller, community-based group homes. Central Virginia Training Center houses 456 people with intellectual disabilities, said Meghan McGuire, spokeswoman for the state Department of Mental Health, Mental Retardation and Substance Abuse Services. It is one of five centers in the state. Virginia is one of the few states that cling to outmoded institutional settings for the intellectually disabled, said Heidi L. Lawyer, executive director of the Virginia Board for People with Disabilities. She said Virginia is 46th in its funding for community-based services.

Advocate Katherine Montgomery told the rally: "It doesn't matter how many posters you put on the cinder blocks, an institution is not a home."

AND
MFP Website Additions
The MFP website has been updated to include a list of Transition Coordination Providers.  To access it, go to the first item under “What’s New” at http://www.olmsteadva.com/mfp/WhatsNew.htm#100908a.  A Housing and Transportation Resource Bank will be available later this week on the same site. 

AND ANOTHER
Olmstead Decision - Illinois
A ground breaking agreement was reached in Illinois last week regarding community based services. Ligas v. Maram was filed in 2005 by nine people with developmental disabilities (plaintiffs) who reside in private State-funded institutions or who are at risk of being placed in such institutions. Plaintiffs wanted to receive community services, but their requests were denied by the State of Illinois, a violation of the 1999 Olmstead decision. Under the terms of the proposed Consent Decree, approximately 6,000 people with developmental disabilities living in large private institutions will be given the opportunity to live in community-based settings. The proposed Consent Decree also requires the State to provide services to people with developmental disabilities who are at risk of institutionalization and currently living in the family home. Independent monitoring of the Consent Decree will be required, and no money damages were sought. For more information see www.equipforequality.org (Reference: U.S. District Court, Northern District of Illinois, and Chicago, Case No. 1:05-cv-433, Ligas et al v. Maram et al)


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

Keith-

========================================================
1. 2008 NURSING FACILITY DATA
2. "STATES CUT SERVICES FOR ELDERLY, DISABLED,' AND OUR RESPONSE?
3. TURN OFF THE SPIGOT -- MEDICARE
4. COLD-WEATHER TIPS FOR OLDER ADULTS
5. SpEd - HOW TO DISCIPLINE WITHOUT STRESS, OR AWARDS
6. IF I HAD 'EXTRA HELP' THIS YEAR, WILL I HAVE IT NEXT?
========================================================
********************************************************
2008 NURSING FACILITY DATA
********************************************************  

2008 Nursing Facility Data - Information Bulletin #271 (12/08)

In the previous bulletin, #270, we provided 2008 Nursing Home Data Compendium regarding characteristics of people in nursing facilities. Here is some institutional data about the those facilities.

1.  Size of Institutions:

In 2007, there were 16,072 nursing facilities (down from 17,183 in 1996).
86% had more than 50 beds.  Nursing facilities with 100+ beds made up 49% of the total facilities. (Table 1.1.(e)).

These are institutions - not homes.  We should call them what they are.

67% (10,774) of these facilities were For Profit, 27% (4,324) Non-Profit, and 6% (974) Government owned and controlled. (Table 1.2(e)).

When a Government-owned nursing facility segregates people with disabilities who wish to reside in the community, this should be immediately stopped. Check out how many Government owned, controlled, and funded facilities are in your state.

The 100+ bed nursing facilities have more than 2..2 million beds, where the less than 50 bed facilities have only 273,375 beds. Therefore, the largest institutions (50+ beds) control 92% of the total nursing facility beds.  (Table 2.1).

2.  Age of residents:

The national breakdown by residents' ages is interesting.  (Table 2.5.(e)).

A.  Nationally, persons ages 0-30 comprised 0.5 % (nearly 16,000 persons) of the total number people who were in nursing facilities in 2007, and UT, IL, AK, and AZ had the highest percentages (0.8%+) of people under 30 throughout the country.

Why do states have any persons under 30 institutionalized, let alone nearly 16,000?  Who are these very young people?  How were they institutionalized?  What services would they require to reside in the community?

B.  Persons ages 31-64 years comprised 12.9% (412,324) of the total residents during 2007, and AK, IL, NV, AZ, LA, UT, CA, and OH had the highest percentages (i.e., 15%+).

We're now nearly 10 years after the Olmstead decision. Why have these states not successfully transitioned these younger persons back to the community?  Does anyone in your state even have the responsibility to look into this, let alone provide the services?

C.  Persons 65-74 years made up 15.8% of the total number of residents, and AK, DC, and UT had the highest percentages (i.e., 20%+) in this age category.  State agencies must recognize that all persons, regardless of their age, should be offered community-based services?

3.  Beds and State Populations:

One way to compare your state's nursing facility industry with other states is by the number of beds per 1000 state residents.(Table 1.5). Nationally, there were 5.6 nursing facility beds per 1000 state residents. The states with the most nursing facility beds per 1000 were Iowa (11.3), ND, and NE, and those with the fewest beds were Alaska (1.1) and NV.

Nursing facilities have an enormous financial incentive to have as many beds as they possible and to fill as many as they can.  Disability and elderly advocates should have the oppositive incentives, especially since the occupancy rate of nursing facility beds averages is 83.8%.

4.  Occupancy rates:

Occupancy rates varied a lot.  (Table 1.4). In 2007 83.8%f the beds were occupied, as compared to 85.9% in 1996.

The states with the least occupied beds were OK (65.7%)and OR (66.4%); the states with the most occupied were SD (100%),VA (93.4%), DC (95.5%) and RI
(92.3%).

The following states had fewer occupied beds for EACH of the past four years than the national average of unoccupied nursing facility beds: AZ, AR, CO, ID, IL, IN, IA, LA, MO, MT, OK, OR, TX, UT, and WY.

Why have not states decertified clearly unnecessary nursing home beds, closed them down, and use the saved funds for significantly expanding community-based services.  They do NOT need so many unoccupied nursing facility beds.

Why is there such an enormous spread among the states with most occupied and least occupied?

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.

********************************************************
"STATES CUT SERVICES FOR ELDERLY, DISABLED,' AND OUR RESPONSE?
********************************************************
"States Cut Services For Elderly, Disabled," and Our Response? Information Bulletin #267 (11/08)

The Wall Street Journal's article "States Cut Services For Elderly, Disabled.  As Budget Shortfalls Force Reductions in Home Care, Low-Income People May Face Nursing Homes, Advocates Say" (11/20/08 at D1) should be read by advocates for people with disabilities and for the elderly.

Advocates should be aware that if your state reduces its Medicaid home-care services, whether personal attendant care hours and eligibility, home health, number of prescriptions, other services, there may be ADA legal challenges available to stop these reductions.

Be on the look out in your state for:

1.  Medicaid reductions that discriminate based on severity of disability so that reduced benefits will provide adequate services for persons with less severe impairments but not be adequate for persons with more severe disabilities.

2.  Community-based Medicaid reductions without any significant reductions in the institutional expenditures. Think about how much Medicaid funds could be "saved" in your state by reducing the nursing home Medicaid per diem reimbursements by $3.00 a day.  With 53.3% of the 1,153,601 nursing home residents paid by Medicaid, a $3.00 per day reduction could go a long way to resolving other budgetary reductions.

3.  Medicaid reductions that force people, in order to survive, to have to go into an institution to receive the same services that they had been receiving in the community.  People with disabilities of any age should not have to go into a nursing home in order to receive services!

4.  Medicaid reductions that are not individually determined and therefore do not provide for flexibly applying "reasonable accommodations" to assess what services may be necessary to stay out of an institution.

5.  Medicaid waiver reductions that are based on "individual" cost neutrality rather than "aggregate" cost neutrality.

6.  Reductions and payments for services that do not recognize and take different levels of "need" into account, but instead lump all disabled persons into one need-category.

I have no doubt that, if your state officials think the disability and elderly advocates will take reductions in community-based services lying down, they will use the current economic climate as an excuse.

Power concedes nothing without a struggle.

Steve Gold, The Disability Odyssey continues

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

To contact Steve Gold directly, write to stevegoldada@cs.com or call 215-627-7100.

********************************************************
TURN OFF THE SPIGOT -- MEDICARE
********************************************************
Turn Off the Spigot

December 4, 2008 • Volume 8, Issue 48

The Centers for Medicare & Medicaid Services (CMS) has now issued three successive sets of regulations on the commissions that Medicare private health plans pay their agents.

The result: Major insurance companies will be paying $500 or more for each new Medicare Advantage enrollee in 2009, followed by five years of renewal commissions worth at least $250 per year.

That means about half the average annual overpayment a Medicare Advantage plan receives per enrollee—the amount taxpayers pay in excess of what it would cost to provide care under Original Medicare—will be paid out to agents for each enrollment they secure. In 2008, the excess payment per enrollee is estimated at $986. In the past two years, it has topped $1,000.

To recap: Taxpayers are paying more in subsidies to insurance companies--$8.5 billion in 2008—so that insurance companies can pay agents commissions to enroll more people with Medicare in private plans that cost taxpayers more money.

Make sense?

CMS’ efforts to restrain agent commissions and regulate marketing practices are akin to trying to fix a broken pipe without first turning off the water.

It doesn’t work and you make a big mess.

Next year Congress needs to eliminate the excessive subsidies paid to Medicare Advantage plans. President-elect Barack Obama has already targeted these excess payments as waste that needs to be cut.

Congress and the new administration also need to decide how much of the subsidies paid to insurance companies should go to marketing and how much should go to medical care.

One way to address that question is to require companies to use a minimum percentage of the subsidies they receive for medical benefits.

CMS can also set an overall cap on the amount that Medicare Advantage plans spend on marketing. Plans that have a poor record in improving health outcomes, for example, should not be devoting taxpayer dollars toward enticing more people into plans that provide lousy care.

CMS needs to set minimum benefit standards for plans, including mandating that all plans provide a comprehensive out-of-pocket limit on medical expenses. Right now, agents can earn more commission selling plans that do not offer such protection, or that set a high limit and exclude key services, than for selling plans with a low, comprehensive out-of-pocket limit. That creates perverse incentives to sell low-quality plans, even for agents who want to do the right thing.
(thax medicarerights)

********************************************************
COLD-WEATHER TIPS FOR OLDER ADULTS
********************************************************
Cold-Weather Tips for Older Adults Offered in Easy-to-Read Booklet

The storms that beset the Northeast and Eastern seaboard last weekend remind us that winter will be here officially this month.

An easy-to-read booklet -- Stay Safe in Cold Weather! -- offers older adults tips on avoiding a dangerous condition called hypothermia. This free 12-page publication is available from the National Institute on Aging (NIA), a part of the National Institutes of Health (NIH).

"Older adults can lose body heat faster than when they were young, and some health problems and medicines can make it harder for them to stay warm," says NIA Director Richard J. Hodes, M.D. "This booklet describes hypothermia and offers simple steps seniors can take to lower their risk of this sometimes life-threatening health concern."

Hypothermia occurs when a person's body temperature drops below 95 degrees Fahrenheit because of exposure to cold, either indoors or outside. Low body temperature can cause heart attack, kidney problems, liver damage and sometimes death. According to the federal Centers for Disease Control and Prevention (CDC), about 600 people in the United States, half of them age 65 or older, die from hypothermia each year.

Stay Safe in Cold Weather! is written in plain language and incorporates colorful graphic elements and other features to help readers understand the content. In creating the booklet, the NIA publications team talked with older adults and considered the needs of people with limited reading skills.

Stay Safe in Cold Weather! discusses topics such as:

    * What is hypothermia
    * How to prevent hypothermia, both in the home and outdoors
    * Health problems that can increase an older person's risk of hypothermia
    * Warning signs of hypothermia

To preview or order free copies, or for more information about Stay Safe in Cold Weather! and other NIA publications, visit the NIA Web site at http://www.nia.nih.gov/HealthInformation/Publications/staysafe or call 1-800-222-2225. Bulk orders are welcome.

The NIA leads the federal effort supporting and conducting research on aging and the medical, social and behavioral issues of older people. NIH--the nation's medical research agency--includes 27 institutes and centers and is a component of the U.S. Department of Health and Human Services. It is the primary federal agency for conducting and supporting basic, clinical and translational medical research, and it investigates the causes, treatments and cures for both common and rare diseases. For more information about NIH and its programs, visit http://www.nih.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

********************************************************
SpEd - HOW TO DISCIPLINE WITHOUT STRESS, OR AWARDS
********************************************************
Non Fiction to Motivate
There is some emerging research supporting improved student engagement and performance by using non fiction in both reading and writing. Not only that, we're in an information age where it's...read more

How to Discipline Without Stress, Punishment or Rewards
Dr. Marvin Marshall has just released his latest book about discipline. For the most part, school today is a different place than what we experienced, and many students today...read more

Inclusive Schools Week
December 1-5, 2008 marks the 8th annual Inclusive Schools Week. The theme for 2008 is: "Together We Learn Better". In celebration of Inclusive Schools Week, the American Federation of Teachers...read more
(thax about.com)

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IF I HAD 'EXTRA HELP' THIS YEAR WILL I HAVE IT NEXT?
********************************************************
Dear Marci,
I received Extra Help this year for the first time and it made my health care costs more manageable. Will I still have it in 2009?
—Vera (White Plains, NY)
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Dear Vera,
It depends on how you got Extra Help this year and whether your situation has changed.

For instance, if you received Extra Help automatically because you were already enrolled in Medicaid, a Medicare Savings Program (MSP), or were receiving Supplemental Security Income (SSI), and you are still enrolled in Medicaid or an MSP, or are receiving SSI at the end of the year, you do not have to do anything.

If you are no longer enrolled in Medicaid or an MSP, or receiving SSI at the end of the year, you should re-apply for Extra Help. Otherwise, your Extra Help will end on December 31.

If your Extra Help ends, you can always reapply.

Remember that for Extra Help to fully cover your Medicare private drug plan’s (Part D) premium, you must choose a plan that offers basic coverage and has a premium at or below the Extra Help premium amount for your state.

To find out more about how to keep your Extra Help in the new year, visit Medicare Interactive.
http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=1461

— 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://dac4va.org/main.htm 

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


++



========================================================
DAC News V9-#12  Friday, November 14, 2008 -- No Vote, No Voice!   [3 of 68]
========================================================
ATTENTION DAC READERS: Our website is no longer on AOL. Please note that our new web site is:
http://dac4va.org/main.htm and we'd appreciate you telling us about any bad links while we work hard to give our site a fresh new look. Please be patient as it will take some time to get all of our information put back into an easier to navigate website. Thax.....

IF YOU HAVE 10 MINUTES TO SPARE THEN-------> I WANT YOU!!!!!!!!!!!
I'm LQQKING for a few more good "active" volunteers (in Virginia but will consider elsewhere) to assist in a project for helping in creating brochures, flyer's, handouts and such regarding questions and answers that may be asked by individuals relating to Consumer Direction (CD) and choice in their lives. We, the Q & A team, will conduct our work via email and I'd like a 7-10 day turnaround period so I can draft your ideas on each of our question and answer sheets to report back to the entire Resource Team for their final approval.

If you'd like the opportunity to participate in real CD/self direction options that affect you and can spare "10 minutes of your time" then I urge you to write back to me stating you'd like to join the Q & A Team. The reward for you will be in actually helping to create documents to be used statewide in CD for persons not only coming out of institutions under our MFP demonstration but for all of those currently receiving CD Waivers wanting to use real choice initiatives. I promise you'll not only have fun working with me but you'll actually see the results of your ideas and labor put into practice. So send me your email addresses today so "we" can CONTINUE on with many more projects. I'll be in touch with you after I receive your mail. Thank you:)  Keith- 

A GREAT CURE/TREATMENT FOR HARD TO HEAL WOUNDS
Treat yourself to an early Christmas Gift for yourself and get those hard to heal bedsores healed. I urge anyone with chronic bedsores to try DermaWound (with your Dr's permission of course) and tell them DAC referred you. I think you will be amazed with the results. 

For interested geriatric nurses and doctors, Dr Dixon has invented an IV Safety Cuff for persons with fragile skin that tears or has allergic reactions with the usual tape for holding IV's in place. I've looked at a sample and this looks to be another great but inexpensive product. See SafetyCuff.com at the DermaWound web site below.

DermaWound
Wound Care Specialists
Guaranteed Results
You Can See, Smell & Feel in 24 Hours or Less, or Your Money Back!
Dr. D. Dixon, MD - Owne
http://www.DermaWound.com
Pressure / Bed Sores; Decubitus Ulcers;
Amputee Stumps; Chronic or Re-occurring Wounds,
with or without MRSA, VRE, Pseudomonas, Strep or Fungi
Toll Free Wound Care Support Hotline
9am-5pm, Mon.-Fri. PST 1.866.727.0462

NEXT
MAKE TRAVELING OR SHOWERS AT HOME EASIER
A year or so ago we told you about Rick Goldstein, a c5-6 quad, who invented a portable commode / shower chair because he couldn't find a practical one anywhere that was safe, comfortable and/or affordable.  His company, GO! Mobility Solutions, has come a long way since our initial introduction, having added two more models and numerous amenities and features to their portable shower chair line with more on the way.  Their products work just as well for everyday use at home as they do on the road, eliminating the need to buy separate chairs for home and travel.  Take another look at them at www.GoesAnywhere.com  Rick has offered to extend to DAC subscribers an additional $25, $50 or $75 discount on their CS, SP or CST models, respectively, should you decide to place an order.

NEXT
Bridges4Kids NewsDigest: November 10, 2008 <-this is a great e-letter folks:)
A new edition of the Bridges4Kids NewsDigest is now available online at http://bridges4kidsnewsdigest.c.topica.com/maamsUXabLMPubboDaTbafpLKt/

AND
NEWS@VBPD: Important Changes to VBPD Competitive Grants Proposal Process, Olmstead recommendations, and more
2009 VBPD Competitive Grants 

Available Funds to Be Announced in December
Important Changes to Proposal Process 

At its December 2008 quarterly meeting, the Virginia Board for People with Disabilities will determine the amount of funds available for new grants in 2009.  Following its meeting, the Board will release a Request for Proposals (RFP) supporting its mission of systems change, capacity-building, and related advocacy to expand and improve services for individuals with disabilities. 

This year’s RFP will be less prescriptive than in past years, and the Board hopes that it will result in a more robust and diverse competition.  There are many public and private organizations of all sizes throughout the Commonwealth that have the creativity and expertise to develop and implement projects that will meet the Board’s goals while advancing their own.  The Board’s new Competitive Grants process will encourage the submission and consideration of their ideas. 

The following are HIGHLIGHTS of the changes to the RFP process: 
   ---  The RFP will identify objectives from the Board’s 2007-2011 State Plan on which it wishes to focus for the 2009 grant cycle.  The objectives are related to specific recommendations from the 2008 Biennial Assessment of Disability Services System in Virginia that the Board identified as priorities for 2009. 

   ---  The Board will not set forth specific projects and, therefore, will not have a set, pre-determined number of grants to be awarded.  Rather, the Board will identify the total amount of funds available for grants and will provide a minimum and maximum award amount for projects to begin during the second half of 2009 and continue for 12 to 24 months. 

   ---  Applying for grant funds is now a TWO-STEP PROCESS: 
      ---  STEP ONE:  Submission of a Letter of Interest (LOI). 
      ---  The applicant will select one or more State Plan objectives on which to develop a grant project and will briefly describe the project’s goal, activities, and outcomes. 
       ---  A grant review team comprised of Board members will select those LOIs that best further the Board’s goals and objectives. 

      ---  STEP TWO:  Submission of a Proposal, if selected. 
      ---  No one may submit a proposal without having first submitted a LOI. 
     ---  The remainder of the process is essentially the same as in past years with submission of a proposal narrative, budget narrative, budget forms, and quarterly activity timeline and budget projection. 

The 2009 Competitive Grants RFP will be posted to the Board’s website in December, and an announcement will be distributed to Board constituents via e-mail and otherwise publicly posted as required.  A statewide video-teleconference applicant workshop will be held on January 12, 2009.  Locations for the workshop will be included in the December announcement.  Attendance is not required but is strongly encouraged. 

For more information, visit www.vaboard.org/grants.htm, or contact: 
Lynne Talley, Grants Manager
Virginia Board For People With Disabilities
804-786-9375 (voice & TTY)
800-846-4464 (toll-free, voice & TTY)
804-786-1118 (fax)
lynne.talley@vbpd.virginia.gov
www.vaboard.org 
================================================== 
2008 Community Integration (“Olmstead”) Recommendations 

The Community Integration Advisory Commission has submitted its 2008 recommendations to the Governor of Virginia.  A copy of the Commission’s letter to the Governor and its detailed report can be found at www.olmsteadva.com. 

For more information, contact: 
Julie A. Stanley, Director
Community Integration for People with Disabilities
Patrick Henry Building, Room 4084
Phone:  (804) 371-0828
Fax:  (804) 786-3389
julie.stanley@governor.virginia.gov
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
First Annual International Conference on Culture, Ethnicity, & Brain Injury Rehabilitation
March 12 & 13, 2009
Arlington, Virginia

This unique conference offers the occasion to learn, collaborate, and strategize with brain rehabilitation experts from around the world.  This conference has the potential to enhance the future of brain rehabilitation research and practice, so please do not miss the opportunity to be a part of this exciting experience!

A comprehensive brochure that discusses the details of the conference, including information on fees, accommodations, transportation options, and a schedule of events can be found at www.tbiconferences.org/downloads/09Int.Conf%20Brochure_2.pdf. 

For more information, contact: 
Juan Carlos Arango, Ph.D, Assistant Professor
Department of Physical Medicine and Rehabilitation
Virginia Commonwealth University
Rehabilitation Psychology and Neuropsychology
Phone: (804) 828-8797
Fax: (804) 827-0663
jcarangolasp@vcu.edu

NEXT -- A good home health care products supplier........kk-
Refer Your Patients to Home Care Delivered Today!
Help us better service your patients' home medical supply needs
At Home Care Delivered, our goal is to help your patients get the supplies they need as quickly and easily as possible so you can focus on patient care.

We understand the demands placed on clinicians serving patients in the home-setting. That's why we make referring your patients simple with our E-Z Referral Program. Our Clinician Referral Forms are provided to you to make referring your patients with home medical supply needs easy.

We have made some recent changes to the form, so please discard any old forms that you might have on hand and start using the new forms which are available to download from our website: http://www.homecaredelivered.com/ If you would like us to mail you a tablet of the new forms call us toll-free at 800-565-5644. We'll be happy to send them to you.

NEXT
Plan now to join us on January 22, 2009
Plan Now to Join us on Thursday, January 22, 2009, In Richmond, Virginia

To Visit with your Virginia Legislators

At this time the group of self- advocates and advocates, plan on meeting between 10:00-10:30 in House Room # 3 in the Capitol Building. Entrance is on Bank Street.

House Room # 3 is close to the entrance on the ground floor. It has large screens to view the House of Delegates when they are in session.

For Hanover residents, Delegate Frank D. Hargrove, Sr. with greet the group before the House goes into session.

For More Information  Contact :
Linda Moore
(804) 749-3895
linda.moore87@yahoo.com

LQQK
Social Security Administration Announces 2009 Cost of Living Adjustment

REFERENCE POINTS is an activity of TATRA, a project of PACER Center

REFERENCE POINTS: Social Security Administration Announces 2009 Cost of Living Adjustment

In October, the SSA announced the 2009 Cost of Living Adjustment (COLA) for Beneficiaries.  Based on the increase in the Consumer Price Index from the third quarter of 2007 through the third quarter of 2008, Social Security and Supplemental Security Income (SSI) beneficiaries will receive a 5.8 percent COLA for 2009. The COLA represents a larger increase than the COLAs of the past two years: 2.3 percent for 2007 and 3.3 percent for 2008. Other important COLA statistics include:
The average SSDI payment will increase from $1,006 to $1,064 a month;
The SSI Federal Benefit Rate will increase from $637 to $674 a month;
The Substantial Gainful Activity (SGA) threshold will increase from $940 to $980 a month for individuals who are not blind, and from $1,570 to $1,640 a month for individuals who are blind; and The Trial Work Period threshold will increase from $670 a month to $700 a month. For more information, and a complete summary of the Social Security changes, please visit http://www.ssa.gov/cola/colafacts2009.htm.

AND
Nationwide Launch of Social Security Compassionate Allowances
Dear Colleague:
Today, I am pleased to share with you a press release announcing the national rollout of Social Security’s Compassionate Allowances initiative.  This process will fast track disability applications for people with certain cancers and rare diseases, and will allow us to make disability determinations on these cases in a matter of days, rather than months or years. 

Social Security is launching this expedited decision process with a total of 50 conditions that can be found at www.socialsecurity.gov/compassionateallowances.  Over time, more diseases and conditions will be added.

As Commissioner Astrue stated, “The launch of Compassionate Allowances is another step to ensuring Americans with disabilities, especially those with certain cancers and rare diseases, get the benefits they need quickly.”

I look forward to the opportunity to discuss this important initiative with you.

Thank you for your continued support.

Sincerely,

Cheri Arnott
Associate Commissioner for External Affairs

AND
ADA Settlement Agreement: Barter Foundation
This was brought to my attention by the U.S. Department of Justice and may be of interest to you:  http://www.ada.gov/barter.htm.

FINALLY
FAST FACT
More than 90 percent of stand-alone prescription drug plan (PDP) enrollees will face higher premiums in 2009, unless they switch to a lower premium plan. For PDP enrollees who do not switch plans, the average monthly premium for PDPs will increase by $7.40 per month, a 25 percent increase. (“Medicare Part D 2009 Data Spotlight: Premiums”, Kaiser Family Foundation, November 2008).


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

Keith-

========================================================
1. MEDICAID REDUCTIONS & PEOPLE WITH DISABILITIES
2. HHS ANNOUNCES $1.9 MILLION EFFORT FOR SENIORS & DISABLED 
3. A WAY FORWARD
4. CAREGIVER GETS HOUSE AT DEATH IN COMPENSATION FOR HELPING AUNT
5. DEAR MARCI - CAN I CHANGE MY MEDICARE HEALTH PLAN?
=======================================================
********************************************************
MEDICAID REDUCTIONS & PEOPLE WITH DISABILITIES
********************************************************  
Medicaid Reductions and People with Disabilities - Information Bulletin # 266 (11/08)

As the economy continues to dramatically impact on State budgets, Medicaid expenditures will come under attack.  Here are some suggestions advocates might wish to consider.  I think it is very important to keep emphasizing the ADA and the importance of keeping people with disabilities and the elderly in the community.

1.  Focus on your state's Medicaid nursing facility expenditures.

Nationally, from FY 2002 through FY 2007, the national % increase in Medicaid nursing facilities' expenditures was only 1.3%. However, many states had significantly larger increases.

The following 21 states had more than a 20% increase in nursing home expenditures during these six years: Alabama, Alaska(45%), California, Colorado, Connecticut, Delaware, Florida, Hawaii, Kentucky, Maine, Maryland, Mississippi(55%), Nevada(45%), New Hampshire, North Carolina, Oregon, South Carolina, Tennessee, Utah(70%), West Virginia (35%), and Wyoming.

Organize to force your state to cap its nursing facility expenditures. As long as your state continues to increase its Medicaid nursing home expenditures, nursing facilities will have an incentive to admit people who could otherwise live in the community.  Therefore, no more Medicaid increases to unnecessarily institutionalize people with disabilities.

2.  Save Medicaid funds by transferring nursing homes expenditures.

Get your state to tell nursing home residents that if a person moved to the community each of them will receive at least 90% of the amount of Medicaid funds your State spends on them in nursing facilities.  In FY 2007, nationally states spent nearly $47 billion of Medicaid expenditures on nursing homes, compared to only $6.3 billion on all Aged/Disabled Waivers in the community.

For people who want to live in the community, your state could save 10% of the nursing home expenditures and, at the same time, do what people want -- permit them to reside in their own homes and apartments with services paid with the 90% of the nursing home costs.

3.  Save Medicaid funds in hospital reimbursements.

In FY 2007, nationally states spent $43 billion on in-patient hospitalizations.  Many of those people were hospitalized for some time because there was not a community-based support system where they could receive the same supportive services they were receiving in the hospitals.

I do not have good data that reflects how many days people were unnecessarily hospitalized primarily because there was not system to provide services in the community.  However, I do know that nearly 60% of nursing home admissions are directly from acute care hospitals. Many of those people would not have gone to a nursing facility if there were a real choice and if someone explained to talked to them about community-based services.

4.  Close the front door of nursing homes.

I am still dumbfounded why 11% of nursing home admissions are for persons who were in their own homes and apartments and had not received any home health services before they went straight into a nursing facility.  (This 11% is separate from the 60% who were admitted from an acute care hospital.) Clearly, states have not "closed the front door," but still permit people to be admitted directly into nursing homes without the state Medicaid officialsb or advocates for elderly and disabled b asking these folks what services they might need and want to stay in their own homes and apartments.

5.  Other Suggestions - I'd like to hear other suggestions.  Please email to stevegoldada@cs.com, subject: "save Medicaid 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.

********************************************************
HHS ANNOUNCES $1.9 MILLION EFFORT FOR SENIORS & DISABLED 
********************************************************
HHS Announces $1.9 Million Effort to Help Seniors and Adults with Disabilities

Have Improved Access to Benefits

Grant Will Create National Center for Benefits Outreach and Enrollment

HHS Assistant Secretary for Aging Josefina G. Carbonell has announced that older Americans and adults with disabilities will have improved access to available community services and supports, including benefits to which they are entitled, under a $1.9 million grant awarded by the Administration on Aging (AoA).

AoA is issuing a grant to the National Council on Aging (NCOA) to establish the National Center for Benefits Outreach and Enrollment. AoA is creating the Center to support local outreach and enrollment projects targeted at seniors and people with disabilities. The establishment of the Center is another part of AoA’s approach to integrating services and benefits and to implementing the new outreach provisions that were recently incorporated into the Older Americans Act.

“The Center will further augment the tremendous efforts of AoA’s national network of local aging service providers and organizations who assist individuals access the full range of available public and private community services and supports designed to help them remain in their own homes and communities,” said Assistant Secretary Carbonell. “This collaboration with NCOA complements the ongoing work of the Department and the network to assist individuals with their health and long-term care choices.”

Through web-based technology, the Center will simplify access to services, resources and benefits at the federal, state and local level that seniors and people with disabilities need. For example, AoA is working with other federal partners such as the Centers for Medicare and Medicaid Services and the United States Department of Agriculture to expand outreach to persons who are eligible for, but not accessing, the Low Income Subsidy extra help assistance for Medicare prescription drugs and assistance under the Supplemental Nutrition Assistance Program, formerly known as the Food Stamp program. The Center will provide easy-to-use tools for accessing these and other programs and benefits.

“NCOA is very excited to house the National Center for Benefits Outreach and Enrollment as a technical assistance resource to the network of organizations serving seniors and people with disabilities,” said James Firman, NCOA President and CEO. “We will work closely with the full array of AoA’s national network which is well-suited to utilize cost-effective, person-centered strategies for accessing services and benefits.” The network consists of State Units on Aging, Tribal Organizations, Area Agencies on Aging, Aging and Disability Resource Centers, State Health Insurance Assistance Programs, and community-based service provider organizations.

The Center will reach people nationwide through the use of web-based tools and by establishing Benefits Enrollment Centers (BECs) in ten areas of the country designed especially to help seniors in need and people with disabilities find and enroll in all the benefits programs for which they are eligible. The AoA grant funds will be used by the Center to:

• Increase the use of web-based screening and enrollment tools with aging and disability organizations, older people and younger adults with disabilities, their families and caregivers;

• Maintain, update and enhance current web-based benefits screening and enrollment systems;

• Foster the use of cost-effective benefits outreach and enrollment strategies by BECs and aging and disability service providers;

• Provide training and technical assistance to BECs and the larger aging and disability communities;

• Develop an online information clearinghouse of cost-effective, promising practices related to benefits outreach and enrollment.

The U.S. Administration on Aging funds a nationwide network of organizations and service providers to deliver a comprehensive and cost-effective system of long-term care that helps elderly individuals maintain their independence and dignity in their homes and communities. For more information, visit http://www.aoa.gov .

NCOA is a leader in helping people of limited means find benefits. In particular, NCOA will bring to the Center experience with its free online service, called BenefitsCheckUp which has helped more than two million older people find more than $6.6 billion in annual benefits. For more information about NCOA, visit http://www.ncoa.org .
(thax CMHS)

********************************************************
A WAY FORWARD
********************************************************
A Way Forward

November 13, 2008 • Volume 8, Issue 46

The Call to Action on health reform issued this week by Senator Max Baucus, Democrat of Montana and chairman of the Finance Committee, provides new hope to people with disabilities struggling to survive until their Medicare coverage begins. Senator Baucus’s proposal to cover the uninsured and reform our health care system includes a phase-out of the 24-month period that people with disabilities must endure between getting their first Social Security disability check and the beginning of their Medicare coverage. Some 400,000 people are without any health coverage during this two-year waiting period and many more go broke paying premiums and copayments as they cope with a disabling disease or injury that prevents them from working.

The phase-out approach is consistent with legislation offered by Senator Bingaman, Democrat of New Mexico, and Representative Gene Green, Democrat of Texas. The cost of eliminating the waiting period makes it difficult for lawmakers to push for immediate elimination.

Baucus’s plan also provides some immediate help for many people in the waiting period, including those least able to afford health care while they wait for Medicare coverage to begin.

The plan would expand Medicaid to cover everyone living in poverty (annual income of less than $10,400 for an individual). Over one-third of people in the waiting period with incomes below the poverty level have no health insurance.

Baucus would also allow individuals age 55 to 64, an age group that covers a high proportion of people in the waiting period, to buy Medicare coverage with their own money. This should help many people who now cannot get coverage in the private market, but, as with COBRA coverage from a former employer, the premiums will be unaffordable to many people with limited incomes. For many, affordable health care coverage will come only when the Medicare waiting period is phased out or when a universal coverage plan, including subsidies for people of modest means, is implemented. Baucus’s plan, by coupling a phase-out of the waiting period with a universal coverage plan, charts a path to improving health coverage for people with disabilities.
(thax medicarerights)

********************************************************
CAREGIVER GETS HOUSE AT DEATH IN COMPENSATION FOR HELPING AUNT
********************************************************
Caregiver to Get House at Death in Compensation for Services to Elderly Aunt

In this unusual case, a trial judge ruled that a niece was entitled to a bequest of a house owned by her aunt and uncle to compensate her for caregiving services she rendered to them. So why did the niece appeal the case?

Mary Elizabeth Freeman is the niece of Vibert McCoy, who died in August of 2006, and his widow, Suzette McCoy, who is mentally incompetent and currently resides in an assisted living facility.

In June of 1994, Mr. McCoy requested that Ms. Freeman assist him in the care of Mrs. McCoy due to his declining health and Mrs. McCoy's mental paranoia, schizophrenia, and dementia which placed her in a disabling condition. In compliance with such request, from June of 1994 until August of 2006, Ms. Freeman provided services, care, and assistance to Mrs. McCoy, and generally attended to Mrs. McCoy's daily business, physical, mental, social, and health needs.

As a result, according to Ms. Freeman, Mrs. McCoy avoided placement in a residential care facility and thus a depletion of her estate at a cost of thousands of dollars a month. In return for her services, Ms. Freeman was to receive a deed to the McCoy's home.

After Mr. McCoy's death, a conservator was appointed for Mrs. McCoy, and Ms. Freeman filed suit to obtain the benefit of her bargain with the McCoys. Although the trial court determined that there was a meeting of the minds between Ms. Freeman and the McCoys whereby it was agreed that the compensation Ms. Freeman would receive for services performed in the care of Mrs. McCoy would consist of the house in Cookeville, Tennessee, Ms. Freeman would not be paid and agreed not to be paid until their deaths.

In fact, the McCoys complied with this agreement by having their wills drafted to provide that Ms. Freeman receive the house upon their deaths. The trial court further found that a $20,000 gift made by the uncle was not a gift but instead a debt owed by Ms. Freeman, and therefore granted judgment against her in favor of Mrs. McCoy.

Ms. Freeman's appeal to the Tennessee Court of Appeals was unavailing, as that court affirmed the decision of the trial judge in all particulars.

Presumably, if the Cookeville home is sold in order to pay for Mrs. McCoy's care, upon her death there will be no home to bequeath to Ms. Freeman, and she will have received nothing in exchange for her years of caregiving for her aunt.

Freeman v. McCoy, October 14, 2008.

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

********************************************************
DEAR MARCI - CAN I CHANGE MY MEDICARE HEALTH PLAN?
********************************************************
Dear Marci,
My father signed up for a Medicare private health plan last year, but he has not been happy with the coverage. How can he get back into Original Medicare?
—Judith (Eau Claire, WI)
----------------------
----------------------
Dear Judith,
Although disenrolling is a simple process, it can only be done during specific times of the year. Your father can switch plans during the Annual Coordinated Election Period (ACEP), which runs from November 15 through December 31 every year. If he misses the ACEP, your father can also switch plans once during the Open Enrollment Period (OEP), which runs from January 1 through March 31 every year. If your father was misled into joining his current Medicare private health plan, he might be entitled to a retroactive disenrollment or a Special Enrollment Period (SEP).

You father should call 800-MEDICARE to request his disenrollment from his private health plan. As soon as he disenrolls, he will be automatically enrolled in Original Medicare.

To find out more about when you can change your Medicare health plan, visit Medicare Interactive.
http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=1064

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.

— Marci
(thax medicarerights)

===============================
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:/dac4va.org/main.htm 

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


++


========================================================
DAC News V9-#11  Wednesday, November 05, 2008 -- No Vote, No Voice! [3 of 68]
========================================================
Finally, the presidential elections are over with Barack Obama being elected as our 44th President of the United States. Obama and his team will be taking on a global recession, not to mention two wars, a financial crisis, high unemployment and numerous other challenges. We wish you great luck as you assemble your team and hope you can turn this country around. This won't be easy but it will be fun:) 
Congratulations........

ATTENTION DAC READERS, on October 31st, AOL discontinued our web site so I had to scramble to buy a new domain. Please note that our new web site is:
http://dac4va.org/main.htm  and we'd appreciate you telling us about any bad links while we work hard to give our site a fresh new look. Please be patient as it will take some time to get all of our information put back into an easier to navigate website.

NEXT
Respiratory Syncytial Virus Infections
Learn about Respiratory Syncytial Virus
http://www.cdc.gov/Features/RSV/
Centers for Disease Control and Prevention

Autism
Tuberous Sclerosis Moves toward Drug Therapy, Offers Clues to Epilepsy and Autism
http://www.ninds.nih.gov/news_and_events/news_articles/news_rapamycin_tsc_mice.htm     National Institute of Neurological Disorders and Stroke

Harnessing the Power of the Brain: "60 Minutes"
http://www.cbsnews.com/stories/2008/10/31/60minutes/main4560940.shtml

Australia: No residency for boy with Down syndrome
http://apnews.myway.com/article/20081031/D945GSVO0.html
Parents push states for autism insurance laws
http://apnews.myway.com/article/20081020/D93U5SBO0.html

ADVOCACY
http://online.wsj.com/article/SB122514012478473347.html?mod=todays_us_personal_journalBedside Manner: Advocating for a Relative in the HospitalHaving someone at the hospital with you who is alert and asking questions can prevent various potential problems.

New Center to Help States Implement Consumer-Directed Personal Care Programs
The Boston College Center for the Study of Home & Community Life has announced the creation of a new center that will give states the tools to implement a wide variety of consumer-directed care programs.
http://www.cashandcounseling.org/news/current

VIRGINIA NEWS
Expansion of Waiting List for Vocational Rehabilitation Services
Due to recent state budget cuts, after November 15, 2008, all new applicants for services by the Virginia Department of Rehabilitative Services, even those with the most significant disabilities, will be placed on a waiting list for services.  Those being served as of November 15 will continue to be served.  As required by the federal Rehabilitation Act, those placed on the wait list will be referred to the Virginia Workforce Centers and other community resources for assistance to help them obtain employment.

DRS managers hope that enhanced scrutiny of case services expenditures and numerous internal cost containment strategies will enable them to address the waiting list sooner rather than later.  Therefore, it is imperative that schools, Community Service Boards, Centers for Independent Living, and other sources continue to refer individuals to the VR program so that their eligibility can be determined and they can be placed in the queue to receive services when new resources do become available. 

For more information, contact:
Department of Rehabilitative Services
Street Location: 8004 Franklin Farms Drive
Richmond, VA 23229
Voice: 804.662.7000
Fax: 804.662.9532
Toll Free Voice/TTY: 800.552.5019
drs@drs.virginia.gov
www.vadrs.org

Contact information for local DRS Field Offices can be found at www.vadrs.org/officelist.asp.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Public Comment Opportunity on Regulation of Interpreters for the Deaf & Hard of Hearing
In response to a request from the Advisory board of the Virginia Department for the Deaf and Hard of Hearing, the Virginia Board for Professional and Occupational Regulation is currently seeking public comment on whether Virginia should regulate interpreters, who transmit spoken English into American Sign Language, and transliterators, who transmit spoken English into one of several English-oriented varieties of manual communications.

Public comments may be submitted through December 12, 2008 by e-mail to bpor@dpor.virginia.gov
or by mail to:
Mark N. Courtney, Deputy Director for Licensing and Regulation
Department of Professional and Occupational Regulation
9960 Mayland Drive, Suite 400
Richmond, VA 23233

For more information, visit www.dpor.virginia.gov/dporweb/MEDIA_ADVISORY%20-%20Sign_Language_Study.pdf,
or contact:
Mary Broz-Vaughan, Director of Communications, Legislation & Consumer Education
(804) 367-9142
TDD: (804) 367-9753
Mary.Broz-Vaughan@dpor.virginia.gov
www.dpor.virginia.gov

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Opportunities for Volunteers with Disabilities and Disability-Service Organizations

AmeriCorps/VISTA Orientations
The Virginia Office on Volunteerism and Community Service and the Corporation for National and Community Service Virginia State Office actively seeks individuals with disabilities and organizations who serve or support individuals with disabilities to participate in AmeriCorps.  VOVCS & CNCS are sponsoring a series of orientation sessions for organizations interested in acquiring AmeriCorps members and administering an AmeriCorps State or VISTA program. In-depth informational sessions will be held at several locations throughout the Commonwealth of Virginia. 

For additional information, a complete list orientation sessions, and registration information, www.vaservice.org/go/national/americorps_rfp/.  For specific information on opportunities for individuals with disabilities, go to http://www.vaservice.org/go/national/disability/. 

You can also contact: 
Susan Patton
Virginia Office on Volunteerism and Community Service
7 North 8th Street, 5th Floor
Richmond, Virginia 23219
e-mail: info@vaservice.org

NEXT
November SMART Newsletter
The November issue of the SMART-One newsletter is available for download at http://www.smartoneinc.net/newsletter/SMART_One_Newsletter_Nov08.pdf  We hope everyone can make it to the Miles of Smiles activities at the Virginia Living Museum on Friday, November 7. SMART Outlaws (cheerleading) and Kid SMART Martial Arts will be performing there from 6 PM to 8 PM.

NEXT
Thoughts on Disabilities
Lynchburg News & Advance
http://www.newsadvance.com/lna/news/local/article/cvtc_speaker_shares_thoughts_on_disabilities/9615/

NEXT
NCD Bulletin
A Monthly Newsletter from the National Council on Disability (NCD)                    
John R. Vaughn, Chairperson 

NCD—30 Years of Disability Policy Leadership—1978–2008
The Bulletin, which is also available at NCD’s Web site (www.ncd.gov), brings you the latest issues and news affecting people with disabilities. To subscribe to the NCD listserv, go to http://listserv.access.gpo.gov, click on Online mailing list archives, select NCD-NEWS-L, click on Join or leave the list, then complete the short subscription form. Editorial comments can be sent to Bulletin editor Mark S. Quigley (mquigley@ncd.gov).

EVENT
Event Name:  Reston Epilepsy Awareness Stroll
Event Date:  Nov 15, 2008, 9:30 a.m.-1:30 p.m.
Event Location:  South Lakes High School, Entrance 4, 11400 South Lakes Drive, Reston, VA 20191

Event Description:  November is Epilepsy Awareness Month.  The Epilepsy Foundation of Virginia invites you to join our 4’th Annual Reston Epilepsy Awareness Stroll.  Our goal is to help raise awareness about epilepsy, help disburse some of the myths surrounding the disorder, and to help raise funds so that we can better serve the 70,000 Virginians with epilepsy.  To volunteer and/or to register, please call Dana at 703-698-0229 or e-mail danadouglas@cox.net  

The EFVA is a 501© (3) non-profit organization. Combined Federal Campaign 45453  Combined Virginia Campaign  6025

FREE RESOURCE FAIR
FREE ADMISSION
2008 COMMUNITY RESOURCE FAIR
Monday, November 17, 2008
6:30 p.m.—9:00 p.m.

Landstown High School
2001 Concert Drive
Virginia Beach, Virginia
(off Princess Anne Road by the Amphitheater)
Receive information from 70+ vendors on:  Children/Adult Disability Services, Recreational Programs, Vocational Information, Respite Services, Support/Advocacy Groups, Transition Services, Housing Information, Legal Services, Durable Medical Equipment Providers, Assistive Technology, and much more……….

Sponsored by the Office of Programs for Exceptional Children and the Virginia Beach Special Education Advisory Committee.

AND
[News from ADA-Ohio] audio session 11/18 - Everything you need to know about Enforcement of the ADA
November 18th, 2008 » Everything you need to know about the Enforcement of the ADA but was afraid to ask
When do I file? What agency do I file with? What is alternative dispute resolution? Can I file at the state and federal level at the same time? What is a designated agency? What if I miss the 180 day filing deadline? These are just a few of the many questions that are posed each day about the ADA and the enforcement process. This session will review the enforcement options available to individuals and explain the various methods for pursuing a complaint under the various titles of the ADA.

Speaker:
TBA
Guest Moderator:
Wendy Wilkinsen
Director,
DBTAC-Southwest ADA Center

Time: 2-3:30 P.M. (earlier time of day depending on your time zone)

CEU Credits: TBA

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:  The Ohio State University (OSU) 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 OSU in Columbus, OH, please let us know by November 11 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. 

FINALLY
Ability Camp Inc. has been offering some of the best intensive therapy programs for the past 14 years. Our programs have helped families from all over the world find the extra help they need.  As a parent of a child with Cerebral Palsy I am well aware that our North American medical system has been pushed to the breaking point and there is less and less money available in the system to help our families. Resources for therapy are currently stretched to their limits and the recent turmoil in the economy is going to make this problem even worse as the government looks for more ways to cut costs.

Our children with Cerebral Palsy and loved ones that have suffered a stroke should not have to receive anything less than the help they deserve.

We do not receive any funding from the government and must charge a fee for our services and for the majority of families it is very difficult to come up with the money to attend one of our programs. Some families have been very successful at fundraising in order to attend and others have also asked if they could arrange a payment plan to spread out the costs.

Although we are not in a position to finance people ourselves we have recently formed an affiliation with Med Loan Finance who can help families from the US arrange financing in a number of various forms so that your child or loved one does not have to wait. If any of you may be interested in these programs you can apply online at www.medloanfinance.com <http://www.medloanfinance.com>  and you should be able to find out within one day if you qualify.

We do have the names of some charities that have helped families both in Canada and the US in the past and we can provide this if it may help.

There are still a couple of openings in our upcoming children's 5 week class ages 3 -6 years beginning November 17th to December 19th and one space still available in our Adult's 3 week class November 17th to December 6th.

One of the most common comments that I hear from families is, "I heard of this some time ago, and I just wish I had started sooner!"

I don't want to be a salesman and try to push people into something, however, I do want people to know that there is a lot more that can be done! Both children and adults can learn to improve but it takes an intensive training program like ours to help them reach their goals.

Families have also asked to contact some of our clients to get first hand information from someone that has been here before and many of our clients have volunteered to provide their contact information with other families so that they can share their thoughts and experiences.

If you would like to be in contact with one of our past clients, or if you would like to ask me any questions please feel free to contact me kevin@abilitycamp.com <mailto:kevin@abilitycamp.com>  or by phone 1-800-442-6992.

I am here to help in any way that I can.

Sincerely,

Kevin Hickling Director, Ability Camp Inc.
www.abilitycamp.com

ONE MORE
FAST FACT
State and federal Medicaid spending is projected to total $339 billion in 2008, and will rise 7.9 percent annually to $647 billion by 2017, according to the Centers for Medicare & Medicaid (CMS) Office of the Actuary. (Headed for a Crunch: An Update on Medicaid Spending, Coverage and Policy Heading into an Economic Downturn, Kaiser Family Foundation, September 2008).


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

Keith-

========================================================
1. AREN'T WE SPECIAL?
2. PHA MOVING PEOPLE OUT OF NH's
3. NEED TO KNOW
4. SENIORS HIT HARD BY ECONOMIC CRISIS
5. HOW DO HMOs COMPARE TO ORIGINAL MEDICARE?
6. DEVELOPING GOOD CHARACTER - ARE YOU SMART?
========================================================
********************************************************
AREN'T WE SPECIAL?
********************************************************  
Aren't We Special?

No matter what the outcome of the Presidential election is, it will take a long time for people with disabilities to rid ourselves of our new handle "special needs" people. It amazes me that there has not been a loud outcry by the disability rights community on this paternalistic description of us by the Republican Vice-Presidential candidate and picked up by every media outlet in the country.

Though the term is being used to describe children, let us not forget children grow up to be adults. Children, young adults and older people with disabilities need the opportunity to live in our communities as equals. Yes we need support services. Yes we need inclusive education. Yes we need integrated employment. Yes we need equal rights. This not "special". These needs are based on us, people with disabilities, equal members of our communities. We are not inspirational nor are we "special". We are PROUD PEOPLE WITH DISABILITIES who should push back when anyone describes us as anything but equal members of our communities.

Unfortunately the now accepted "special needs" people may stick with the general public. The "special" label fits into the common stereotypes of people with disabilities. To combat these stereotypes our "special"ity must become aggressive advocacy. Our struggle for equality must continue beyond the election regardless of who gets elected.

Families of, advocates for and those of us with disabilities can and will make a difference.  Not by being "special" but by advocating for our equal place in our communities.

For an Institution and Barrier Free America,

Kafkaesque

--
Steve Gold, The Disability Odyssey continues

Back issues of other Information Bulletins are available online at http://www.stevegoldada.com

********************************************************
PHA MOVING PEOPLE OUT OF NH's
********************************************************
Information Bulletin # 259 (9/08).

Throughout the country, Public Housing Authorities have waiting lists for both their housing vouchers and public housing units.

In many states, people are in nursing homes because they cannot afford to rent an apartment or housing unit on their limited SSI incomes. Without either a housing voucher or a public housing units, many people in nursing facilities will continue to be institutionalized.

The question that has been raised a number of times is whether or not your Public Housing Authority could target their vouchers and public housing units to help transition people out of nursing homes and other institutions?  People have complained that their Public Housing Authorities, because they have waiting lists for housing vouchers and public housing units, have not been responsive and have presented a number of excuses to using their vouchers and housing units to end unnecessary institutionalization.

Here are a number of points you should be aware of:

1.  Yes, your Pubic Housing Authority can open its waiting list for one preference category of people - for example, people transitioning out of institutions.

2.  Yes, it is possible for your Public Housing Authority to establish a preference for persons transitioning out of institutions, so long as the preference is not targeted towards people with a specific disability (e.g., MI, or PD) and the preference is not based on where a person resides (e.g., one particular institution).  Other than those two, it can give the preference.

3.  Yes, your Housing Authority's waiting list can be opened indefinitely for the preference group of people transitioning out of institutions.

4.  A Public Housing Authority can limit the number of applicants who qualify for any specific preference.

5.  In order for your Public Housing Authority to establish the preference for both its housing vouchers and housing units for persons transitioning out of institutions, the Public Housing Authority must prepare a revision of its administrative plan that states the new preference and complies with other HUD procedural hoops.

Disability and elderly advocates:

What are you going to do to ensure that your Public Housing Authority establishes a preference for persons transitioning out of institutions?

Advocates have to make sure it does.  This requires a strategy and some political clout.  Do you have it?

"Power concedes nothing without a struggle."  Frederick Douglas.

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.

********************************************************
NEED TO KNOW
********************************************************
Need to Know

October 30, 2008 • Volume 8, Issue 44

For at least three years, regulation of Medicare private health and prescription drug plans has been done pretty much on the fly.

Typically, when the Centers for Medicare & Medicaid Services (CMS) discovers that private plans are not doing what they are supposed to, the agency makes it a requirement. Before the start of the drug benefit in 2006, CMS told plans it expected them to provide temporary supplies of drugs while people waited for the plan to approve coverage. When it became clear—after an outcry from advocates—that plans were not living up to CMS’s expectations, transitional policies became mandatory. Now plans have to “attest”—swear—that they will provide such transitional supplies, which can be a lifeline for someone trying to keep their diabetes, or blood pressure, in check.

Just as often, CMS guidance is used to soften the rules. Insurance company lobbyists squawk at some requirement—special needs plans don’t want to call new enrollees’ doctors to verify they have the condition covered by the plan, for example—and CMS issues guidance that gives plans new flexibility.

For the last week, plan representatives and members of Congress, insurance agents and social workers at senior housing complexes, have been waiting for new guidance from CMS on what plans will be allowed to pay as marketing commissions for 2009.

The rules change every day. Even for the insurance companies, who get a constant stream of information from CMS over secure channels, it is tough to keep up.

For everyone else, it’s impossible. CMS has no system for making new regulatory guidance covering “Medicare Advantage” and prescription drug plans publicly available.

If people with Medicare, and their counselors and caregivers, can’t find out what their rights are, how can they demand that the plans respect their rights? If senior center directors can’t find out the new marketing rules that plans must follow, how can they make sure the marketing reps that visit their premises are playing by the rules?

It is unacceptable to run the Medicare Advantage program and the Part D program according to rules that are not made available to the general public. We need to know.
(thax medicarerights)

********************************************************
SENIORS HIT HARD BY ECONOMIC CRISIS
********************************************************
Older Americans Hit Hard by Current Economic Crisis

"The slumping stock market, falling housing prices, and weakening economy have serious repercussions for the 94 million Americans age 50 and older who are approaching retirement or already retired. Retirement accounts lost about 18 percent of their value over the past 12 months, and between January 2007 and May 2008, housing prices fell from 4 to 20 percent depending on where seniors live. Older Americans have little time to recoup the values of their homes, 401(k) plans, and individual retirement accounts--all important parts of their retirement nest eggs. More and more older Americans are working to bolster their retirement incomes, but the rising unemployment rate, now 6.1 percent, limits their prospects."

So begins a report entitled "How Is the Economic Turmoil Affecting Older Americans" published last month by the Urban Institute. (Visit http://www.urban.org/UploadedPDF/411765_economic_turmoil.pdf to read the full report.)

According to the report, the statistics on the free-fall in wealth experienced by the elderly in the United States are sobering, even frightening:

During the 12 months from September 30, 2007, to September 30, 2008, retirement accounts have lost $1.6 trillion, 18.3 percent of their value.

The financial turbulence of the past year wiped out the gains from the 2005 to 2007 period. Today, the typical household age 50 and older with a retirement account holds a balance of $89,300, not enough to replace one year's pre-retirement income.

Fortunately, despite a recent decline in home values, older Americans have enjoyed a huge boom on housing values. Between 1998 and 2006, the inflation-adjusted median home equity for adults ages 55 and older increased by 41.5 percent.

Historically, older adults have not depended upon home equity to finance their living expenses. The current economic turmoil, however, may force many of them to do so, suggest the authors of the Urban Institute report.

Not only will the economic crisis affect retirees, it will affect the decisions of workers who are nearing retirement.

The share of older adults working or looking for work is rising, according to the Urban Institute report. Between August 1998 and August 2008, the labor force participation rate at age 65 to 69 increased from 26.4 to 36.5 percent for men and from 17.1 to 26.4 percent for women (figure 7). The housing and stock market slump will likely accelerate this trend.

In a story aired by Minnesota Public Radio on October 28, one couple from Darwin, Minnesota, reports a loss of $119,000 from their retirement savings since June.

"You put that money aside expecting it to continue to grow, and so the thought of starting to withdraw it when it's at a lower value is certainly frightening," said Sandy Tracy, 61, who retired three years ago as a schoolteacher but is now considering whether to return to work. Her husband Dick, 60, is a social worker whose own retirement may be delayed at least until he can retire on Social Security at age 62.

"The economic times have made it more anxious for us in terms of trying to figure out what to do," says Mrs. Tracy.

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

********************************************************
HOW DO HMOs COMPARE TO ORIGINAL MEDICARE?
********************************************************
Dear Marci,
I will become eligible for Medicare in a few months. Some of my friends have recommended I enroll in a Medicare HMO instead of Original Medicare. How do Medicare HMOs compare to Original Medicare?
—Ginny (International Falls, MN)
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Dear Ginny,
Medicare HMOs (Health Maintenance Organizations) differ from Original Medicare in several ways. For instance, while HMOs will generally only cover your care from doctors and hospitals in their network—except in the case of emergency or urgent care—Original Medicare will cover your care from most doctors and hospitals in the country.

In addition, Medicare HMOs (like all private health plans that offer Medicare benefits) must offer the same basic benefits as Original Medicare but can do so with different rules and restrictions. These additional rules can greatly affect cost. Be aware that not all HMOs work exactly the same way. Some may cover services that Medicare does not, like routine dental care. Before you join any Medicare private health plan, make sure it covers the doctors, hospitals and pharmacies you like to use without restriction at a cost you can afford.

To find out more about how Medicare HMOs differ from Original Medicare, visit Medicare Interactive.
http://medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=909

— Marci
(thax medicarerights)

********************************************************
DEVELOPING GOOD CHARACTER - ARE YOU SMART?
********************************************************
Developing Good Character
With inclusional classrooms being the norm, the unfortunate reality is that sometimes our students with special needs get picked on - so to speak. As educators, it is important to...read more

Halloween Learning at About
It is always a little more fun to link learning to holidays and Halloween provides us with that opportunity. Think of the story starters: If I were a pumpkin The day the...read more

How Are You Smart?
The theory of multiple intelligence deviates from the traditional view that intelligence falls into two categories, linguistic and logical. Instead, Multiple Intelligence Theory first coined by Howard Gardner lists...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://dac4va.org/main.htm 

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





++



================================================================
DAC News V9-#10  Monday, October 20, 2008 -- No Vote, No Voice!     [
3 of 68] 
========================================================
For those of you who are unaware -- this is a political newsletter that just happens to be filled with great news and important issues of the day. I encourage people to vote and yes, I do endorse some folks running for office. Nothing new has changed about that and new readers sign up daily -- so this should let you know that along with the news, sometimes you'll get my views. Agree or disagree, that is your right and I do hope you exercise your right to vote, regardless, of if you agree with my opinions or not.

I vote absentee because its easier for me plus I get the time to research any other issues that may be on the ballot. This year was the most trying time for me to ever make a decision on who to vote for president. I voted all other offices on the ballot first including Mark Warner, for the US Senate in the 11th District, and I fully endorse Warner as well. I was never asked to endorse Warner but knowing from personal experience in dealing with him I knew he was the best choice and the best person who will represent us all.

Then came my choice for President. It was difficult because McCain is a man I trust, respect and admire while Obama is relatively unknown. But after listening to the debates, then weighing in on the Vice Presidential picks and ignoring all the hogwash that spreads across the Internet, I finally chose Obama. This was not only because he did choose a person who could be president -- if need be -- but because he has "command presence" and a calm about him which is very much needed today in helping to heal our nations reputation among our allies and taking on a global financial crisis. We are in uncharted waters in this global economy having faced bail outs of major banking centers, bankruptcies with more bank closures to come, a financial meltdown, credit freeze and a glut of foreclosed real estate while our stock market hits new lows and retirement plans fall victim to the market loses.

But my choice was reaffirmed Sunday, when Colin Powell, a Republican, also stated that he was voting for Obama too. I have the utmost respect for Colin Powell and I hope that my choice and his choice in voting for Obama during these most difficult of economic and war torn times proves to be the right choice. Time will tell and so will I and its my hope that you VOTE for whoever is YOUR choice and let your voice be heard........  Fast Fact and our first 2 stories also helped me make up my mind. May the best person win for all of our sakes ......kk-  

FAST FACT
According to Douglas Holtz-Eakin, Senator John McCain's senior policy adviser, the health care reform plan offered by Sen. McCain will have major cuts for Medicare and Medicaid. The nonpartisan Tax Policy Center, a Washington think tank, estimates that the McCain plan would cost the government $1.3 trillion over 10 years. The McCain campaign has not disputed these figures or offered their own. (“McCain Plans Federal Health Cuts”, Washington Post, October 2008)  (thax medicarerights)

NEXT
Study shows link between healthcare and retention
http://guidetoretirementliving.com/wordpress/?p=1403
Thx Proaging

EVENT
Event Description:  November is Epilepsy Awareness Month
Event Location:  South Lakes High School, Entrance 4, 11400 South Lakes Drive, Reston, VA 20191

The Epilepsy Foundation of Virginia invites you to join our 4’th Annual Reston Epilepsy Awareness Stroll.  Our goal is to help raise awareness about epilepsy, help disburse some of the myths surrounding the disorder, and to help raise funds so that we can better serve the 70,000 Virginians with epilepsy.  To volunteer and/or to register, please call Dana at 703-698-0229 or e-mail danadouglas@cox.net  

The EFVA is a 501© (3) non-profit organization. Combined Federal Campaign 45453  Combined Virginia Campaign  6025

AND
October 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.

CMS Issues Final Rule, Empowers Beneficiaries
http://phinational.org/archives/cms-issues-final-rule-empowers-beneficiaries/

Blind Belgian breaks speed record
http://news.bbc.co.uk/2/low/europe/7665307.stm

Human tissue to be taken from infirmed without their consent for research
http://www.telegraph.co.uk/news/newstopics/politics/health/3224172/Human-tissue-could-be-taken-from-the-infirm-without-their-consent-and-used-for-research.html

Hearing Disorders and Deafness
Genetics Home Reference: Deafness-dystonia-optic neuronopathy syndrome
http://ghr.nlm.nih.gov/condition=deafnessdystoniaopticneuronopathysyndrome
National Library of Medicine

Newsletters
The October issue of the SMART-One newsletter can be viewed at http://www.smartoneinc.net/newsletter/SMART_One_Newsletter_Oct08.pdf.

If you haven’t already seen last month’s issue, the September issue can be viewed at http://www.smartoneinc.net/newsletter/SMART-One_Newsletter_September_2008.pdf.  This issue includes a tribute to Vickie Martorano.

Please be sure to click on these links, or copy and paste them into your browser instead of retyping them.  If you have any difficulties, please let us know by replying to this email.

CHEAP GAS
Here is a link for those of you who are looking for cheap gas prices in your area. Go to the site, click on your State/County/City and it will tell you where to find the cheapest. For those of you in the South, it won't tell you if there is any gas left.
www.motortrend.com/gas_prices

A BIRTHDAY PARTY:)  50???? Ekkkkkksssss:) Happy Birthday, Mary.
It’s time to get together, once again!
Bob Evans has offered a great fundraising opportunity to IEC—we will get 20% of the ticket meals bought by our partiers. 

Why the 27th of October?  It’s our Executive Director, Dr. Mary Lopez’ 50th birthday!

No Presents, Please, but please come and wish her a Happy Birthday!

Monday, October 27th
6:00 - 9:00 p.m.
Bob Evans
10830 Promenade Drive IN MANASSAS

HEY LQQK
DeafMD.org Now Available
A new website, www.DeafMD.org, has launched with a mission of providing clear and concise health education in American Sign Language to promote the overall wellness of the Deaf & Hard of Hearing community. Its vision is to be recognized and respected as the leading provider of health education and information to the Deaf & Hard of Hearing community.

DeafMD.org is free and contains no advertisements.  It functions solely through the donations of the users of DeafMD.

The website information is provided through American Sign Language video and text.

The people behind DeafMD.org ask that you take the time to navigate the site and provide feedback. http://www.DeafMD.org.
(thax NVRC www.nvrc.org)

NEXT
5 Day Advance Notice for Medicaid Trips
Effective November 3, DMAS has approved requiring 5 days notice when requesting transportation for a single trip.  It begins Monday, November 3 but callers will not be denied trips by LogistiCare the first time or second they call with less than 5 days notice. 

This does not apply to Standing Orders for day support, adult day health care, dialysis and other services that individuals attend at least 3 times weekly. Standing Orders account for about 75% of all Medicaid trips. 

There are several exemptions listed in the attachment.  If you wake up sick and the doctor will see you sooner than 5 days, that is an Urgent Trip and doesn’t need 5 days advance notice.  If your doctor wants a follow-up visit in less than 5 days, that is an Urgent Trip.  Other details are included in the notice.

There is also information about using fixed-route public transit if that is available to your constituents.  If they are able and willing, DMAS strongly encourages recipients to use their local bus whenever it is practical.  In some transit systems, LogistiCare may provide a pass instead of tickets to people who travel frequently. 

LogistiCare will also provide Gas reimbursement to a friend, family member or volunteer organization who will take recipients to their Medicaid appointments.  

1) Please send this notice to your state association and ask them to distribute it to their members by email if they are able and willing.
2) Please contact your LogistiCare Regional office or the Call Center if you have questions that the attachment does not answer.
3) Please contact Tom Lawson, Broker Contract Manager at DMAS, about other transportation questions or concerns.  E-mail  tom.lawson@dmas.virginia.gov or call 804-786-9092.


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

Keith-

========================================================
1. ISLANDS OF STABILITY - 5.8% SS COLA
2. HARD TIMES
3. 2007 INSTITUTION vs COMMUNITY BASED MEDICAID SERVICES
4. INCLUDING PEOPLE IN INSTITUTIONS AS "HOMELESS"
5. SpEd - WHAT'S YOUR LEARNING STYLE?
6. INNOCENT WOMAN CAUGHT IN SSA DRAGNET, LOSES DIS. BENEFITS
========================================================
********************************************************
ISLANDS OF STABILITY - 5.8% SS COLA
********************************************************  
Islands of Stability

October 16, 2008 • Volume 8, Issue 42

Today, the Social Security Administration announced that people receiving retirement and disability benefits will get a 5.8 percent cost-of-living increase in 2009, the largest increase since 1982. The move comes a day after a sharp drop in stock prices, with the Standard and Poor’s index dropping 9 percent.

Aren’t you glad we defeated President Bush’s plan to turn the Social Security trust fund over to Wall Street speculators?

Last month, the Centers for Medicare & Medicaid Services announced that premiums for Medicare Part B, which covers doctor visits and other outpatient care, will not increase in 2009. Two weeks ago, we found out the major prescription drug plans are hiking their premiums by over 30 percent on average, with Humana, the company with two of the largest drug plans, raising premiums by over 60 percent.

Don’t you wish people with Medicare had the option to receive drug coverage under Original Medicare and not just through private companies?

No one denies that Social Security and Medicare face financial challenges, with the rising cost of health care making the fiscal challenge for Medicare much more urgent. And no one can argue that either benefit is overly generous. The 30 percent of older adults who live almost entirely off their Social Security checks have a hard time making ends meet. And most people with Medicare in poor health and most individuals earning less than $20,000 per year spend over 20 percent of their income on health care.

But both Social Security and Medicare are the bedrock of income and health security for older adults and people with disabilities. They are stable because their benefits are defined by law, not by the vagaries of Wall Street or the insurance companies’ relentless drive for profits. Both Social Security and Medicare represent a social compact, a commitment by all of us to ensure older adults and people with disabilities live with dignity. We are all in this together.

No one is an island.
(thax medicarerights)

********************************************************
HARD TIMES
********************************************************
Hard Times

September 25, 2008 • Volume 8, Issue 39

People, just like banks and insurance companies, sometimes fall on hard times. Sometimes, when the hardship is severe and not of the person’s own doing, we as a society decide, that the government should help out. (Banks and insurance companies get to play by different rules.)

For example, people who are hit with an illness or injury that is severely and permanently disabling can qualify for Social Security Disability Insurance (SSDI) payments and, eventually, health coverage through Medicare. Working people all pay into these social insurance programs so that we have health coverage and economic security in the event we become disabled and cannot work. But the health coverage through Medicare does not kick in when we need it most.

People with disabilities must wait two years from the day they receive their first SSDI check to receive Medicare benefits. There are currently about 1.5 million people in the two-year waiting period.

The poorest receive comprehensive coverage through Medicaid. However, as tax revenues decline in tough economic times, states are often forced to tighten Medicaid eligibility, potentially denying health coverage to people with disabilities

About one quarter—375,000 people with disabilities—are without insurance for the entire waiting period. For many, that means going without care, going into debt or both.

Many of the rest—about half of older SSDI recipients—receive coverage through their former employer under the COBRA program. For the first 18 months, they pay 102 percent of the total premium, including the portion their employer used to pay. For the next 11 months, the monthly premium goes up to 150 percent of the total cost.

The average annual premium under employer plans is now $12,680 for a family, $4,704 for an individual. 150 percent of $4,704 is $7,056, or $588 per month, tough to pay when the average SSDI check is about $1,000. Besides the premium, many employer plans now carry hefty deductibles—more than one-third of employees in small firms have deductibles greater than $1,000—and many do not cover all the services that people with disabilities need. In short, even people in the waiting period who have coverage still cannot afford health care.

But how can we afford to spend billions on health coverage for people with disabilities when we just spent over $1 trillion bailing out financial institutions that made stupid and risky investments with borrowed money?

That is a very strange, some would say, backwards, question. The fact that we are even asking this question indicates the skewed priorities in Washington.

Most lawmakers from both parties in Washington agree that we “have to” bail out Wall Street to prevent the economy from imploding. They disagree mostly over whether taxpayers can recoup some of their money from the companies we bail out, once they start turning a profit again.

But only 23 senators have signed on to S. 2102, “Ending the Medicare Disability Waiting Period Act of 2007.” Senator Barack Obama, Democrat of Illinois, is among the cosponsors. Senator John McCain, Republican of Arizona, is not.

Only 98 of the 435 members of the House of Representatives have signed on to HR 154, the House version of the bill.

We need to work now so that next year Congress and the new President make it a priority to end the two-year wait for Medicare for people with disabilities. Urge your senators and representatives to cosponsor the “Ending the Medicare Disability Waiting Period Act of 2007.” Tell the story of your experience waiting for Medicare coverage or join the Medicare Rights Center’s effort to end the wait.
(thax medicarerights)

********************************************************
2007 INSTITUTION vs COMMUNITY BASED MEDICAID SERVICES
********************************************************
2007 Institution vs Community-Based Medicaid Services, Information Bulletin # 263 (10/08)

Each State's FY 2007 Medicaid data, submitted to CMS for reimbursement and compiled by Thompson/Medstat, provides extremely helpful information to analyze your State's distribution of its Long Term Care expenditures between its Institutional versus Community-Based Services.

How a state allocates its Long Term Care expenditures demonstrates its commitment to provide the elderly and persons with disabilities a choice between unnecessary institutionalization and living in the community. Let's repeat - "show us the money" and where a state spends it, and you can see how much the state respects both the ADA and the Olmstead decision.  Remember that the Supreme Court in 1999 - eight years ago -told states to end unnecessary institutionalization!  The following data shows how much your state respects the ADA and the Olmstead decision.

Nationally, for "all disabilities," 58.3% of the long term care expenditures went to institutions, i.e, both to nursing homes (for physically disabled persons of all ages) and to intermediate care facilities (for persons with MR/DD). 41.7% went for community based services, i.e., for all MA waivers (i.e., both Aged and Physical Disabilities and MR/DD), "personal care" option, and home health services in the community.

As you all know, we live with the historical disability divide - persons with MR/DD, on one hand, and the elderly and persons with physical disabilities of all ages, on the other hand.  As unfortunate as the divide is and as much as it perpetuates divisions in the disability community, it's what we have.  MA expenditures and analysis follow this divide.

When "all disabilities" are broken down into MR/DD and Aged/PD, a dramatic difference exists in the above 58.3% institutional vs 41.7% community national long term care distribution.

For persons receiving MR/DD services, nationally only 36.9% went for institutions (ICF-MRs) and 63.1% was spent for community-based (waiver) services.  Thus, significantly less Medicaid funds went to provide services for persons with MR/DD in institutions than in the community. In dollars, $12 b was spent on institutions but $20.5 b was spent for community-based services.

In contrast, for the aged and persons with physical disabilities, 69% was expended on institutional services and 31% on community-based services. In dollars, nursing homes received $46.9 b but only $21.1 b was spent for community-based services.

Why the lopsided distribution based on type of disability?

Let's look at the differences in each State. The following chart provides two columns - the first for MR/DD and the second for Aged/PD.

How does your State compare?  Advocates should make two comparisons. First, how is your State doing for each MR/DD and Aged/PD with regards to leveling the playing fields between institutional and community-based services?  Second, how is your State doing when you compare MR/DD and Aged/PD expenditures?

% of Medicaid Long Term Care expenditures for institutional services versus community services.

                         MR/DD                       Aged/PD
               Institutional/community      Institutional/community
National ...................36.9%/63.1%           69%/31%

Alabama ....................12.2/87.8               86.9/13.1 
Alaska ......................0.2/99.8               49.4/50.6
Arizona ......................N/A                   36.0/64.0
Arkansas....................58.0/42.0               74.1/25.9
California..................37.7/62.3               47.9/52.1
Colorado.....................8.1/91.9               65.1/34.9
Connecticut.................34.3/65.7               79.3/20.7
Delaware....................26.3/73.7               86.3/13.7
D. C........................72.5/27.5               65.1/34.9            

Florida.....................26.4/73.6               82.5/17.5
Georgia.....................24.4/75.6               76.0/24.0
Hawaii.......................7.9/92.1               82.2/17.8  
Idaho.......................50.4/49.6               59.6/40.4
Illinois....................61.9/38.1               75.1/24.9
Indiana.....................43.2/56.8               85.5/14.5     

Iowa........................51.1/48.9               73.8/26.2
Kansas......................20.4/79.6               64.8/35.2
Kentucky....................42.0/58.0               81.1/18.9      
Louisiana...................53.6/46.4               73.2/26.8       
Maine.......................23.5/76.5               73.4/26.6
Maryland....................10.2/89.8               84.1/15.9    
Massachusetts...............26.7/73.3               73.6/26.4          
Michigan.....................9.7/90.3               81.0/19.0
Minnesota...................16.2/83.8               53.4/46.6
Mississippi................100.0/0.0                97.8/2.2
Missouri....................23.2/76.8               68.9/31.1
Montana.....................13.3/86.7               70.7/29.3
Nebraska................... 31.8/68.2               77.7/22.3      
Nevada..................... 25.5/75.4               64.9/35.1
New Hampshire................1.7/98.3               85.6/14.4
New Jersey..................55.1/44.9               79.0/21.0
New Mexico.................. 7.8/92.2               39.3/60.7    
New York ...................39.6/60.4               60.7/39.3
North Carolina..............52.3/47.7               57.3/42.7
North Dakota................48.2/51.8               93.7/6.3
Ohio........................48.4/51.6               79.2/20.8  
Oklahoma....................32.5/67.5               71.3/28.7
Oregon......................0.0/100.0               43.5/56.5 
Pennsylvania................32.4/67.6               87.3/12.7
Rhode Island.................3.5/96.5               87.4/12.6
South Carolina..............44.7/55.3               77.0/23.0
South Dakota................19.6/80.0               88.5/11.5
Tennessee...................28.4/71.6               98.7/1.3
Texas.......................62.3/37.7               55.7/44.3  
Utah........................33.3/66.7               89.3/10.7
Vermont......................N/A                    71.5/28.5
Virginia....................40.2/59.8               73.2/26.8     

Washington .................22.1/77.9               44.4/55.6
West Virginia...............21.5/78.5               76.6/23.4
Wisconsin ..................23.1/76.9               69.3/30.7
Wyoming ....................18.6/81.4               79.6/20.4

    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    

********************************************************
INCLUDING PEOPLE IN INSTITUTIONS AS "HOMELESS"
********************************************************
Including People in Institutions as "Homeless." Information Bulletin #262

This is a very brief FYI.  Last week in the NY Times, it was reported that "lawmakers in Congress are debating who should be considered homeless." This is a very important definition, because different Congressional and HUD programs are targeted to persons who are "homeless" and are denied to persons who do not meet the definition.

The NY Times stated that the House and Senate are considering an expansion of the definition "to include people precariously housed: those doubled up with friends or relatives or living day to day in motels, with money and options running out."  Also being discussed is whether to include "families in desperate need of stable housing" or "people fleeing their homes because of domestic violence and those who can prove they will lose their housing within 14 days."

Missing, obviously, are all the elderly and people with disabilities who are institutionalized in nursing facilities, and especially the 22.6% (309,580 people) of those institutionalized who stated they want to leave the institution and live in the community.

Residing in a nursing facility is not by any stretch a "home."  There are none of the indicia of a home.  There is no privacy, no kitchen, no rental agreement, no dignity, no opportunity to contest living conditions, and those are just the beginning!  HUD, in the prior federal administration, acknowledged and wrote people living in a nursing facility were "homeless."

CMS has correctly written that housing is a primary barrier for many people to leave nursing facilities.  Why should one hand of the federal government, i.e., CMS, make payments (in FY 2006, $47.7 billion) for Medicaid recipients in nursing facilities, when another hand of the federal government, HUD, could significantly reduce those expenditures by defining people in institutions as "homeless" and therefore making them entitled to "homeless" housing funds so they could leave the nursing facilities.

Elderly and disability advocates:

We do not think your elected congressional or senatorial representatives have heard from you on this issue.  If you want to increase the supply of affordable, accessible, integrated housing for people in nursing facilities, now is the time to do something.  Telephone and write your federally elected officials and demand that people in institutions be included in the new definition for "homeless."

Steve Gold, The Disability Odyssey continues

********************************************************
SpEd - WHAT'S YOUR LEARNING STYLE?
********************************************************
What's Your Learning Style?
Can you concentrate well? Are you easily distracted? Do you like to be shown something? or told something? or do you learn by reading? As educators, we like to focus...read more

Celebrate World Teachers Day
This year, World Teachers Day falls on Sunday, October 5. However, there's no reason not to celebrate this special day all week. Teachers teach with compassion, believe in all of...read more

Creating a Welcoming Classroom Environment
I was talking to a new teacher about three of weeks ago, she had been struggling to find a teaching job. And of course in this profession, word of mouth...read more
(thax about.com)

********************************************************
INNOCENT WOMAN CAUGHT IN SSA DRAGNET, LOSES DIS BENEFITS
********************************************************
INNOCENT WOMAN CAUGHT IN SOCIAL SECURITY ADMINISTRATION DRAGNET, LOSES DISABILITY BENEFITS

Nationwide Class Action Lawsuit Filed

Rosa Martinez couldn't believe what she was reading.  The 52- year-old woman from Redwood City, CA had received a notice from the Social Security Administration informing her that she was losing her only source of income — $870 per month of disability benefits — because of a 1980 arrest warrant for a drug offense in Miami, Florida.  Never mind that Ms. Martinez had never been to Miami, never been arrested and never used illegal drugs.

Unfortunately, Ms. Martinez is not alone.  She is one of over 100,000 elderly and disabled Americans who have lost their Social Security and SSI retirement and disability benefits because of an arbitrary and unlawful Social Security Administration policy.

This morning a class-action lawsuit challenging the SSA policy was filed in U.S. District Court in San Francisco on behalf of Rosa Martinez and thousands of others who are losing the benefits they count on for survival in old age or incapacity because of this Social Security Administration policy.

SSA claims to be applying a 1996 law which prohibits payment of benefits to people who are "fleeing to avoid prosecution" for a felony.  Yet the Social Security Administration, in its odd application of this provision, makes no attempt to determine if the individual is actually fleeing or even knows that criminal charges are pending.  As long as they find a warrant with the person's first and last name and Social Security number, they suspend the benefits with no further inquiry.  If there is no Social Security number on the warrant or it does not match the name, then they simply find someone receiving benefits who has the same first and last name and date of birth and suspend the benefits without even trying to ascertain whether this is really the individual named in the warrant.

Administration knows its policy violates the law

The SSA knows that its policy violates the law.  Individuals have challenged the policy in court several times, and each time courts have ruled that the policy is unlawful and ordered reinstatement of benefits of the disabled and elderly beneficiaries.  Yet SSA continues to apply this policy without regard to the court rulings.  Today's class action filing is the first attempt to end the policy altogether.

"The Social Security Administration knows its policy cannot be justified." said Gerald McIntyre, Directing Attorney at the National Senior Citizens Law Center in Los Angeles and one of the attorneys representing Ms. Martinez and the other plaintiffs in the lawsuit.  "The policy does nothing to catch those who really are fleeing from justice, but instead concentrates on those in whom law enforcement has no interest. Time and again, when courts have examined this issue they have found that the SSA's policy violates the law."

"This unlawful policy has a devastating impact on some of the most vulnerable members of society — the disabled and the elderly," said David Fry, a partner at the law firm of Munger, Tolles & Olson, LLP, which has taken on the case pro bono.  "Most of those affected have no savings and no other source of income.  Without their benefits, they face the real and immediate threat of hunger and homelessness."

"Social Security should not be looking for excuses to deny benefits, particularly in such unlawful and devastating ways," said Bill Lienhard, project director of the Mental Health Project at the Urban Justice Center and co-author of a report on SSA's practice of suspending benefits called Social Insecurity.

After Rosa Martinez recovered from the shock, the fear and anxiety set in.  A recipient of Supplemental Security Income with no savings and too disabled to work, Ms. Martinez relies on her monthly disability check to pay her rent, groceries and utility bills.  "Without my benefits, I don't know how I'll survive," said Martinez.  "How could they take away my only income without even taking the time to check to see if the person on the warrant was really me?"

Plaintiffs are represented by National Senior Citizens Law Center, the law firm of Munger Tolles & Olson, LLP, Urban Justice Center, Disability Rights California and the Legal Aid Society of San Mateo County.

For further information and a copy of the complaint filed in court today, please call Gerald McIntyre at the National Senior Citizens Law Center (213-674-2900) or Emilia Sicilia at the Urban Justice Center (646-554-6465).   If you have had your benefits unfairly suspended or denied because of a "fleeing felon" policy, please contact Tim Poe at Disability Rights California (213) 427-8747.
(thax disabilityrights)

===============================
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 V9-#09  Wednesday, October 08, 2008 -- No Vote, No Voice!  
========================================================
On October 31st, the DAC website will no longer be hosted by AOL because they are dumping their loyal customers for reasons unknown. If you need any information posted on the DAC site at: http://members.aol.com/dac4va/main.htm then I suggest you get it right away. BUT, have no fear because DAC has bought a domain for at least 3 more years and our webmaster is putting together a brand new look. I'll have more information about these exciting changes soon. In the mean time our newsletters will still come out whenever the mood strikes me:) Thax......kk-

NOTE: Why don't we all file bankruptcy then get bailed out by the feds and take a $400,000 vacation???? If it works for AIG to squander money, get an $85 Billion bail out, then take over $400k for some fun, then it should work for us:) Just a thought....

NEXT
4th Annual Abilities Fair in Coatesville, PA
The Person’s With Disabilities Committee Presents This Event -- Is Open To The Public. It is FREE ! ~ Please Join Us !! For more information, please contact: Erika Warnick (610) 380-4330 ~ Terri Warden-Fioravanti, 610-384-7711, ext. 2110 Wednesday, October 22, 2008 10:00 am - 3:00 pm VA Medical Center Building 5, Great Hall -- The purpose of this fair is to provide information and demonstrations that will enrich the lives of people living with a disability and the family and friends who care about them. Vendors are welcome to come out and distribute information related to enhancing the lives of the disabled. Speaker: Lewis McCullough will speak at 10:00am about the Team River Runner Program and how it is therapeutic to veterans with multiple disabilities.

AND
Circle of Support
The 14th annual Circle of Support Conference will be held Saturday, November 8, 2008, from 8:30 a.m. to 3:30 p.m. at Hylton High School, 14051 Spriggs Road, Woodbridge, VA 22193.  Keynote speaker Dr. Richard Villa will present on Collaboration for a Life Worth Living.  32 workshop sessions (2 offered in Spanish) will be offered on topics including Medicaid Waivers, SSI/SSDI, Transition, the Feldenkrais Method, Expressive Arts, Advocacy, Bipolar Disorder, FASD, RAD, and many others.  On-site childcare and a Sibshops will be held during the conference.  For more information or to request information about donations, exhibiting, etc., call Jan Russell, Conference Chair, at 703-730-3124 or email her at: jrussell@arcgpw.org

NEXT
Professional Education and Respite Service LLC Announces

TRICARE Insurance Provider

Stephens City, Virginia - Effective September 25, 2008, Professional Education and Respite Service LLC, a Northern Virginia in-home service provider became a provider for TRICARE Insurance delivering services to military families with children and adults with Autism. 

Covered services: BCBA/BCABA supervision and monitoring, ABA providers/tutors, intensive in-home ABA services, behavioral management, parent training, educational and vocational instruction, communication and social skills training, community based instruction.

Covered monthly benefit: $2,500.00
Service Locations:  Northern Virginia, Washington D.C., Maryland
Contact:  TRICARE Customer Service Representative
Program Identification:  Demonstration Project

Additional Contacts/Information:  Jesse A. Kushner, M.Ed., Professional Education and Respite Service LLC;  540 664 9886, Toll Free 888 664 9886    misterk@vacationrespite.com  www.vacationrespite.com

Professional Education and Respite Service LLC
P.O. Box 1015 Stephens City, Virginia  22655

NEXT
Oregon will give quadriplegic man more caregiver aid
by Michelle Roberts, The Oregonian, September 29, 2008 20:51PM
The state has agreed to settle a federal civil rights lawsuit by paying the caregivers of a quadriplegic Salem man an additional $3 an hour so that he can live outside a nursing home and retain his independence.

Twelve years ago, Clay Freeman dived into a river and broke his neck. Now paralyzed from the neck down, the 34-year-old is kept alive by 11 machines. Without 24-hour help from qualified caregivers to monitor those machines, he could easily suffocate.

» See a video and read an earlier story about Clay Freeman.
http://blog.oregonlive.com/oregonianextra/2008/09/salem_quadriplegic_sues_oregon.html

NEXT
Suicide in Roanoke hospital ER
Suicide shows facility crunch
A mental health patient killed himself in an emergency room while waiting for a space for inpatient care. http://www.roanoke.com/news/roanoke/wb/177828

AND
Attack at Ancora prompts lawmakers to overhaul mental health system
http://www.nj.com/news/index.ssf/2008/10/attack_at_ancora_prompts_lawma.html

LQQK A NEW SITE >:-)
Living Without Limits a New Web site Community
Recently launched, Living without Limits is an online compilation of information for people with disabilities, their families, friends and caregivers that serves as an "online community that redefines the quality of life for all people, regardless of age, physical or mental condition." Living Without Limits at lwlonline.com is a resource for communities, people living independently, service providers, medicine, technology and much more. The "communities" section features different forums and communication sections where people can connect, help each other and help themselves.

"We are providing information on independent living and connecting those who need help," said Patrick Bricker, president.

In addition to the website, Living without Limits will be hosting a 30 minute television show on NBC beginning the second quarter of 2008. The show will feature segments on exercise, cooking and stories that will inspire those who tune in. For more information visit Living Without Limits Online today. http://lwlonline.com/

AH HAH
2008 Presidential Candidate Positions on Disability-Related Issues
A side-by-side comparison of the positions of Presidential candidates John McCain and Barack Obama on disability-related issues has been prepared by the Ohio Legal Rights Service.  It is based on the information found on the candidates' websites, their Senatorial websites, and supplemented by other sources.

Among the issues covered are ADA Restoration Act, appointment of federal judges, assistive technology, early intervention, employment, health care, special education and veterans. http://www.olrs.ohio.gov/prescompare.htm

NEXT
[News from ADA-Ohio] complete 08-09 audio conference series schedule posted
The National Network of DBTAC-Regional ADA Centers is pleased to annouce the 2008-2009 ADA Audio Conference Series Schedule.  You can view it on-line at: www.ada-audio.org

The schedule this year offers a host of topics including a 4 part series on employment, Title II obligations for Emergency Preparedness and Public Rights Of Way, an update on the regulations for Section 508 (Information Technology) of the Rehabilitation Act of 1973 and Section 255 of the Telecommunications Act and many other topics of interest.  In addition to the regularly monthly schedule there will be at least two special sessions will be held on the ADA Amendments Act of 1990 (to be scheduled) as well as the Final Regulations under Title II and Title III (to be scheduled)

Go to www.ada-audio.org and "click" on ADA Audio Conference Series to view the complete schedule for 2008-2009.

Questions regarding the series should be directed to gldbtac@uic.edu or by phone at (877) ADA-1990 or (877) 232-1990 (V/TTY).

HEY
Ask Medicare
Centers for Medicare and Medicaid Services
http://www.medicare.gov/caregivers/

The Centers for Medicare & Medicaid Services (CMS) launched Ask Medicare, a new initiative to help family caregivers, those who are family members or friends who help people with Medicare, access valuable healthcare information, services and resources. More than 44 million Americans, more than one in five adults, provide care to a loved one, friend or neighbor, valued in economic terms at $350 billion annually.

The Ask Medicare website provides links to key partner organizations that assist caregivers and beneficiaries, and present personal stories from caregivers in the community.  Support information and tools to help caregivers address common problems will also be available. 

LAST CALL
LAST CALL!  Award Nominations must be submitted by October 17, 2008!

Virginia Board for People with Disabilities
Seeks Nominations for 2008 Leadership and Achievement Awards

Important Note:  Eligibility criteria for the Outstanding Achievement Award were modified for this year.  Previous nominators are encouraged to review the new requirements and resubmit nominations from previous years!

Nomination forms and additional information about the Jackie Crews Award for Excellence in Leadership and the Outstanding Achievement Award may be found on the Virginia Board for People with Disabilities’ website at www.vaboard.org/awards.htm or may be requested by contacting the Board at: 

Virginia Board for People with Disabilities
202 North Ninth Street, 9th Floor
Richmond, Virginia, 23219
info@vbpd.virginia.gov
(804) 786-0016 Voice
(804) 786-1118 Fax
(800) 846-4464 Toll-Free Voice or TTY

AND
Request for Comments on Proposed Regulations
COMMONWEALTH of VIRGINIA

DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES
Post Office Box 1797
Richmond, Virginia  23218-1797
Telephone (804) 786-3921
Voice/TDD (804) 371-8977
www.dmhmrsas.virginia.gov

MEMORANDUM

TO:  Interested Parties
FROM: Wendy Brown, Policy Analyst
        Office of Planning and Development
SUBJECT: Request for Public Comment on Proposed Amended Regulations

Regulations for Voluntary Admissions to State Training Centers-12VAC35-190-10 et seq.

DATE:   October 6, 2008

In accordance with the Virginia Administrative Process Act, the State Mental Health, Mental Retardation and Substance Abuse Services Board is requesting your comments on the above referenced proposed regulations.  These regulations are scheduled for publication Virginia Register of Regulations on October 27, 2008.  You may view the regulations and background statement on the Department's website at www.dmhmrsas.state.va.us and on the Virginia Regulatory Townhall website at www.townhall.state.va.us.    

Please provide your written comments on the proposed regulations by December 26, 2008 to:

Dawn Traver
DMHMRSAS
P.O. Box 1797
Richmond, VA 23218-1797
Telephone 757-253-4316    FAX 804-253-5440
dawn.traver@co.dmhmrsas.virginia.gov

If you have any questions or would like to request a copy of the regulations, please contact Dawn Traver at the above address or Wendy Brown via email wendy.brown@co.dmhmrsas.virginia.gov. Thank you. 

pc:  James S. Reinhard, M.D.
       Lee Price      
       Dawn Traver

ALMOST DONE
CMHS CONSUMER AFFAIRS E-NEWS 1 OCTOBER 2008

CMS ISSUES FINAL RULE TO EMPOWER MEDICAID BENEFICIARIES TO DIRECT PERSONAL ASSISTANCE SERVICES

A final rule 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 directed by an agency, was announced today by the Centers for Medicare & Medicaid Services (CMS).

The rule, on display today at the Federal Register, guides states who wish to allow Medicaid beneficiaries who need help with the 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.

A copy of the regulation is available on the Federal Register’s Website at:
http://federalregister.gov/OFRUpload/OFRData/2008-23102_PI.pdf

The press release has been posted to the CMS Newsroom at:
http://www.cms.hhs.gov/apps/media/press_releases.asp

AND
U.S. Department of Labor and Major League Baseball launch ‘PITCH’ campaign to encourage businesses to hire people with disabilities


Former Major Leaguer Jim Abbott to serve as campaign spokesman

WASHINGTON — The U.S. Department of Labor's Office of Disability Employment Policy (ODEP), in cooperation with Major League Baseball, today announced the launch of the PITCH (Proving Individuals with Talent Can Help) campaign to encourage businesses to hire individuals with disabilities.

Former Major League pitcher Jim Abbott will serve as the campaign's spokesman. The campaign will include radio public service announcements, media awareness activities and appearances at the Little League World Series as well as Major League ballparks during September and October.

Abbott, born without a right hand, was an Olympic Gold Medalist in 1988. In 1993, while pitching for the New York Yankees, he tossed a no-hitter against the Cleveland Indians. He pitched 10 seasons in the major leagues with the California Angels, New York Yankees, Chicago White Sox and Milwaukee Brewers.

Neil Romano, assistant secretary of labor for ODEP, said, "We are thrilled to have the support of Major League Baseball for this significant campaign. Having Jim Abbott as our spokesman demonstrates that given the opportunity people with disabilities can make substantial contributions to any business. Jim succeeded based on his talent. The goal of this campaign and of our office is to have all businesses consider the great talent that people with disabilities can bring to their organizations."

Abbott added, "This is something that is very important to me. I am honored to be working with the Department of Labor's Office of Disability Employment Policy. I will do all that I can to bring attention to this issue and encourage businesses to look towards people with disabilities when they are hiring for their team."

According to the Census Bureau's American Community Survey, in 2006, the employment rate for people with disabilities was 37.7 percent, compared to an employment rate of 79.7 percent for people without disabilities, a 42 percent difference. People with disabilities represent a severely underutilized talent pool.

For more information about the PITCH campaign, visit www.ability.dol.gov.
The Office of Disability Employment Policy provides national leadership on disability employment policy by developing and influencing the use of evidence-based disability employment policies and practices, building collaborative partnerships, and delivering authoritative and credible data on employment of people with disabilities. More information is available at www.dol.gov/odep.

Want information on Federal mental health grants, publications, meetings, policies, programs and other useful material for mental health consumers? Join the CMHS Consumer Affairs Listserv at: http://mentalhealth.samhsa.gov/listserv/

AND FINALLY......whewwwww
Are you passionate about ACCESSIBILITY? Do you care about being ECO-FRIENDLY? WE WANT TO HEAR FROM YOU!

Socially Conscious Traveler is running a video contest between now and January 1st. We want you to show us what Socially Conscious Travel mean to you!

We would like to invite you to join our group Socially Conscious Traveler. We are currently running a contest offering $100 to tell or show us what Socially Conscious Travel Means To You!

Check in with us between now and January 1st to see submissions. Join our YouTube Group at http://www.youtube.com/group/SCTraveler

For more details on this contest you can visit http://sociallyconscioustraveler.com/VideoContest.html

Sincerely,

Betsy E Borgacz
Socially Conscious Traveler
http://www.sociallyconscioustraveler.com

OPPPS LAST MINUTE NEWS
CMHS CONSUMER AFFAIRS E-NEWS 8 OCTOBER 2008

Free Webinar: Improving Law Enforcement Responses to People with Mental Illnesses


Tuesday, October 28, 2008, 2:00 PM Eastern Time
Duration: Approximately One Hour with Q and A

Brought to you by
National Council for Community Behavioral Healthcare Council of State Governments Justice Center, with support from the Bureau of Justice Assistance, U.S. Department of Justice

Presenters
Captain Richard Wall, Los Angeles Police Department; Fred Osher, M.D., Director of Health Systems and Services Policy, CSG Justice Center; Melissa Reuland, Senior Research Consultant, Police Executive Research Forum

About the Webinar
Law enforcement officers regularly respond to calls that involve people with mental illnesses. On rare but highly publicized occasions, these incidents result in injury or death for the individual, officer, or others at the scene. More often, officers spend long periods of time on these complex calls for service only to see the person cycling through the criminal justice system without any positive long-term effect.

On this webinar, national experts in law enforcement and mental health will discuss effective crisis response models. They will outline how community behavioral health care providers and law enforcement can collaborate and tailor responses to the problems of their jurisdiction.

· The webinar spotlights Improving Responses to People with Mental Illnesses: The Essential Elements of a Specialized Law Enforcement-Based Program, a report supported by the Bureau of Justice Assistance, U.S. Department of Justice. Written by the Council of State Governments Justice Center and the Police Executive Research Forum, it highlights 10 key components for improving officers’ encounters with individuals with mental illnesses.

Quick Registration

Registration is free but is limited to the first 1,000 registrants!
To register, go to http://www2.eventsvc.com/nationalcouncil/, select "Law Enforcement and Mental Illness" event, and enter the coupon code COUNCIL at checkout.

If registering for a webinar for the first time, create a profile with the email and password of your choice. A confirmation with webinar access information will be sent to the email address you enter.

Participation will require Internet access and a phone line. Participants from the same location are encouraged to use a single phone line — one individual may register and get access information for the whole group.

Questions? Contact Communications@thenationalcouncil.org or call 301.984.6200.


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

Keith-

========================================================
1. STOP PAYING NURSING HOMES THAT INJURE ELDERLY & DISABLED
2. THE ADA AMENDMENTS ACT OF 2008
3. SHOULD I REVIEW MY PART D PLAN EVERY YEAR?
=========================================================
********************************************************
STOP PAYING NURSING HOMES THAT INJURE ELDERLY & DISABLED
********************************************************  
Stop Paying Nursing Homes That Injure Elderly and Disabled People. Information Bulletin #264 (10/08)

On October 1, 2008 Medicare announced that it would stop paying hospitals for injuring patients. The Centers for Medicare and Medicaid Services listed 10 "reasonably preventable" conditions for which it would no longer pay hospitals.

These "preventable" conditions included injuries from patients who fell in the hospital, catheter-associated infections, stage 3 and 4 pressure ulcers (aka bed sores).

Why has CMS not addressed "reasonably preventable" conditions and injuries that nursing homes cause elderly and disabled persons?  Why has CMS not instructed States to stop Medicaid payments to those nursing homes that cause specific injuries? Why is this standard applied only to hospitals?

In mid September, 2008, the CMS Inspector General issued a report which stated "in each of the past 3 years 2005-2007, over 91 percent of all nursing homes surveyed were cited for deficiencies ... and 17 percent of the nursing homes (in 2007) ... were cited for actual harm or immediate jeopardy deficiencies...."  The federal regulations define "the most serious level, immediate jeopardy, occurs in ba situation in which the provider's [i.e., the nursing facility] noncompliance with one or more of the requirements of participation has caused, or is likely to cause, serious injury, harm, impairment or death to a resident'."

Hmm. "Noncompliance"in nursing facilities that cause injuries = "reasonably preventable" injuries in hospitals?  The punishment: hospitals lose Medicare funds, nursing facilities barely and rarely get their fingers slapped and continue to receive Medicaid fund.

What makes the nursing facility noncompliance even more egregious is that hospitals cause individual patient injuries but nursing facility's noncompliance is by definition "widespread" or a "pattern" b thus causing actual harm and immediate jeopardy to many residents.

Okay, so the recent CMS Inspector General report focused only on 2005-2007.

Let's look at the CMS Inspector General's earlier report for 1998 - 2001. "In 2001, 89 percent of all nursing homes surveyed were cited for at least one deficiency, an increase from 81 percent in 1998." In 2007, it rose to 91 percent!

What about the "immediate jeopardy" and "actual harm" deficiencies?  From 1998 - 2001, the percentages rose from1.4% to2.3% of those nursing facilities surveyed.  In 2007, it rose to 17%!

Even if CMS does not have the courage to penalize nursing facilities for these deficiencies, surely our tax money should not compensate them for "reasonably preventable" injuries and conditions.

Here are some injuries and conditions in nursing homes, as reported by the 2007 CMS OSCAR data, that are "reasonably preventable" and therefore CMS should apply the same penalty to nursing homes as it applies to hospitals:

19.1% of nursing facilities had residents with avoidable pressure sores, and the nursing facilities received deficiencies for failing to meet the federal standard.  Up from 17.2% in 2001.

11.8% of nursing facilities imposed physical restraints on residents for purposes of discipline or convenience and not required by the residents' medical symptoms, and they received deficiencies for this category.  Up from 11.0% in 2001.

19.2% of nursing facilities had failed to prevent incontinence in residents and to restore bladder functioning as much as possible to residents, and the nursing facilities received deficiencies. Up from 12.0% in 2001.

7.0% of nursing facilities failed to provide residents with acceptable nutrition to maintain their body weight, and the nursing facilities received deficiencies.  Down from 8.4% in 2001.

37.9% of nursing facilities failed to ensure residents with environments "free of accident hazards" to "prevent unexpected and unintended injury," and the facilities received deficiency citations.  Up from 22.1% in 2001.

6.6% of nursing facilities failed to provide residents with appropriate range of motion services to those people who required such services, and the nursing facilities received deficiencies.  Down from 8.1% in 2001.

16.6% of nursing facilities failed to promote residents' care in a manner and in an environment that maintains or enhances the residents' dignity and respect for the individual resident, and the nursing facilities received deficiencies for violating the federal standard.  Down from 17.3% in 2001.

Quite obviously, citing nursing facilities with "deficiency" violations has not either deterred the nursing facilities from injuring residents or ensured any significant improvement.

How many elderly and disabled persons have to be injured or killed before CMS takes this seriously?

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 ADA AMENDMENTS ACT OF 2008
********************************************************
The ADA Amendments Act of 2008
Jacquie Brennan

On September 25, 2008, the ADA Amendment Act (ADAAA) was signed into law and will become effective on January 1, 2009. The ADAAA was supported by more than 220 national organizations, including the U.S. Chamber of Commerce, the American Society of Employers, disability organizations, veterans' groups, church organizations, and the National Association of Manufacturers. The bill passed the House on a vote of 402 to 17, and unanimously passed the Senate.

To understand what the ADAAA means, though, it's important to understand why the ADA needed amending in the first place. When it was passed back in 1990, the ADA had a definition of disability that was based on the definition used in the Rehabilitation Act of 1973. An individual with a disability has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having such an impairment. So Congress used that definition, which was originally in the Rehab Act, because it had worked well.

The Supreme Court, in 1999, started to narrow the definition of disability in unexpected ways. In a case called Sutton v. United Air Lines, the court said that, when you determine whether an individual has a disability under the ADA, you have to consider the effects of mitigating measures - like corrective lenses, medications, hearing aids, and prosthetic devices - when deciding an impairment is substantially limiting. The Court did one other thing in Sutton. It essentially overturned an old Rehab Act case, School Bd. of Nassau County v. Arline. Arline had broadly viewed the part of the definition of disability that mentions having a "record of" an impairment. The Court in Sutton required a more restrictive view of that part of the definition, which practically eliminated it.

In 2002, in a case called Toyota v. Williams, the Supreme Court focused on the word "substantially" from the definition of disability, and said that it means "considerably" or "to a large degree." The Court also narrowed the scope of "major life activity," stating that it must be something that was central importance to most people's daily lives.

Between Sutton and Toyota, and their progeny, the definition of disability was narrowed to such a degree that most cases became more about whether a person met the definition of disability, rather than focusing on access or accommodation.

The EEOC did its part, too. It had regulations that defined "substantially limits" as "significantly restricts," which was inconsistent with Congress' intent when it passed the ADA.

So THAT is why Congress decided that the ADA needed to be amended.

At the beginning of every new law Congress writes, it lists "findings," which are the reasons why the law is being written. In the ADAAA, there is a list of findings. They include:

    * Congress intended the ADA to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities and provide broad coverage; and

    * While Congress expected that the definition of disability under the ADA would be interpreted consistently with how courts had applied the definition of a handicapped individual under the Rehabilitation Act of 1973, that expectation has not been fulfilled; and

    * Specific statements that the Supreme Court holdings in Sutton and Toyota eliminated protection for many individuals that Congress intended to protect.

Then it lists the purposes of the ADAAA, which include:

    * To reject the requirement, under Sutton, that mitigating measures be considered when determining whether a person meets the definition of disability; and

    * To reject the Supreme Court's reasoning, under Sutton, with regard to the "record of" prong of the definition of disability, and reinstate the Arline standard; and

    * To reject the Toyota standard that the terms "substantially" and "major" need to be interpreted strictly because that creates a demanding standard for qualifying as person with a disability; and

    * To express Congress' expectation that the EEOC will revise its definition of "substantially limits."

The ADAAA has new rules for the definition of disability. They include:

    * The definition of disability is construed in favor of broad coverage to the maximum extent permitted; and

    * The term "substantially limits" is to be interpreted consistently with the ADAAA; and

    * An impairment that substantially limits one major life activity need not limit other major life activities to be considered a disability; and

    * An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and
Mitigating measures shall not be a factor when determining whether an impairment substantially limits a major life activity. The only mitigating measures that can be considered are ordinary eyeglasses or contact lenses that fully correct visual acuity of eliminate refractive error.

    * People who are regarded as being disabled are not entitled to reasonable accommodations or modifications. Previously, courts had debated whether the ADA required having to accommodate a disability that didn't actually exist.

The ADAAA is not some revolutionary new law. It simply attempts to bring the law back to what Congress intended it to be when it passed the ADA in 1990.

- - - - - - - - - -

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 5529
Washington, DC   20530
(202) 514-8191 [Voice]
(202) 307-2839 [Fax]
Ollie.Cantos@usdoj.gov [Email]

********************************************************
SHOULD I REVIEW MY PART D PLAN EVERY YEAR?
********************************************************
Dear Marci,
I’ve been very satisfied with my Medicare prescription drug plan (Part D), but my doctor said I should review it for next year. Do I really need to?
—Connie (Dickinson, TX)

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

Dear Connie,
Yes, and it is very important that you do. Medicare private drug plans can change their costs and the list of drugs that they cover every year. Most people can only change Medicare drug plans during the Annual Coordinated Election Period (ACEP), which runs from November 15 to December 31. Even if you are satisfied with your current plan, you should use the ACEP to check if there is another plan in your area that offers better coverage at a lower price.

To find out more about how review your current Medicare private drug plan, visit Medicare Interactive.
http://medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=1497

— 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 V9-#08  Wednesday, September 24, 2008 -- No Vote, No Voice!  
========================================================
I'm sure you've read or heard of all the recent bankruptcies and bail outs regarding our major banking centers due to lax or unregulated SEC rules and procedures among other variables. Now the Fed is trying to "rush" through another bail out plan without really having a "plan" intact and have YOU the taxpayers fund over $700 BILLION to stop a possible run on the banks. Actually, $700 BILLION is just a portion of what is really needed for the greed of the Central Bankers, Hedge Fund Operators and others who literally bet the bank on bad real estate loans totaling well over a TRILLION dollars. Congress should not give a blank check to anyone without first coming up with a "real" plan. So far I haven't heard of anyone coming up with a sensible plan who is in congress or with the federal reserve. All I hear is gimme more money and we'll try to get it right this time or the next time..... I say NO!

This is one good reason to vote for Mark Warner as our new Senator in Virginia. As a businessman he will bring sensible ideas to the problems that threaten a global recession or depression if these issues aren't addressed properly. I don't say this because of the political party that Warner represents because it doesn't matter to me. Mark Warner did very well as governor of Virginia and I believe he will do the same in the US Senate.

Please read our first story where Steve Gold gives us some interesting comments from "The Presidential Candidates and People with Disabilities" taken by the Obama campaign. Any rebuttals should be interesting.

NEXT
Bridges4Kids NewsDigest: September 20, 2008 <--very good info...kk-
A new edition of the Bridges4Kids NewsDigest is now available online at http://bridges4kidsnewsdigest.c.topica.com/maamf9fabKA4gbboDaTbafpLKt/

FREE
MEDICAID WAIVER WORKSHOP

Sponsored by Care Connection for Children
Children’s Hospital of The King’s Daughters

Presenter: Sandy Hermann, Community Resource Coordinator
Understanding Home and Community-Based Services for People with Disabilities

Sunday, September 28th
1:30pm – 4:30pm
Virginia Beach Central Library
4100 Virginia Beach Boulevard
Virginia Beach, VA 23452

Learn the ABC’s of community based long-term care disability services in Virginia.

**This Workshop is FREE and Open to the Public**

To RSVP, please call 668-7132 by September 25th to ensure that handouts are available.

NEXT
Institutionalized Medicaid recipients sue Florida
http://www.washingtonpost.com/wp-dyn/content/article/2008/09/21/AR2008092100201_pf.html

Lawmakers raise disabled kids
http://www.politico.com/news/stories/0908/13520.html

Push on for insurers to share autism costs
http://www.boston.com/news/local/articles/2008/09/16/push_on_for_insurers_to_share_autism_costs/

Rising Gas Prices Expose Home Care Fault Line

http://phinational.org/archives/rising-gas-prices-expose-home-care-fault-line/

Trig's Breakthrough
http://www.washingtonpost.com/wp-dyn/content/article/2008/09/09/AR2008090902519.html

Down Syndrome Families brought into sharp focus
http://www.washingtonpost.com/wp-dyn/content/article/2008/09/13/AR2008091301034.html?hpid=topnews

KY-Deal helps disabled live independently-settlement calls for the state to serve 10,000
http://www.courier-journal.com/apps/pbcs.dll/article?AID=/200807150430/NEWS01/807150402

NEXT
Deadline Approaching!  AAPD Accepting Applications for 2009 Paul G. Hearne Award


Deadline Tuesday, September 30, 2008

The American Association of People with Disabilities (AAPD) is pleased to announce that it is accepting application from Emerging Leaders with Disabilities for AAPD's 2009 PAUL G. HEARNE LEADERSHIP AWARD!  Winners of the Paul G. Hearne Award will receive $10,000 cash to help them continue their progress as leaders within the disability community and to implement their proposed goals and initiatives. This year, AAPD will recognize three (3) Hearne Award recipients at our 2009 Leadership Gala in Washington, D.C and will involve each winner in AAPD's 2009 National Leadership Initiatives.

The deadline is fast approaching so if you know of an outstanding emerging leader and supporter of the disability community please share this information with them and encourage them to apply. This is a remarkable opportunity for a budding leader in the disability community that should not be missed! Applications are due by 5 PM EST, Tuesday, September 30, 2008. For more information or to apply for the 2009 Paul G. Hearne Award, please visit the AAPD website at: http://www.aapd.com/awards/awards09/hearne_app09.html

For questions, please contact Alana Hill, Program Associate for AAPD, at 1-800-840-8844 ext. 22.

AND
Voter Registration Deadlines

AAPD would like to note that six states have election-day registration.  You may
register all the way up to and on election day itself in Idaho (http://www.idahovotes.gov/vinfo.htm),
Maine (http://maine.gov/sos/cec/elec/votguid06.htm), Minnesota (http://www.sos.state.mn.us/home/index.asp?page=204),
New Hampshire (http://www.sos.nh.gov/vote.htm), Wisconsin (http://elections.state.wi.us/faq_que_list.asp?fid=27&locid=47&linkid),
and Wyoming (http://www.dmv.org/wy-wyoming/voter-registration.php).

Additionally, in North Dakota (http://www.nd.gov/sos/electvote/voting/voter-qualifi.html), you do not need to register at all to vote.

All other states have varying deadlines for registration in advance of an election,
so please contact your state election office (at: http://www.eac.gov/voter/how-to-contact-your-state-election-office) to find out what your state's deadline is and GET REGISTERED TO VOTE IN TIME!
(thax AAPD)

NOTE: Remember that you can also request assistance to vote in your car if you're unable to make it to the polls. Of course absentee ballots are also available but you must register soon to receive them.....kk-

NEXT
Capitol Hill Watch | Senate Approves Bill To Expand Protections Under Americans With Disabilities Act
http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=54417

NEXT
2008 Assessment of Virginia’s Disability Services System
Now Available in Audio Format 

An audio version of the Virginia Board for People with Disabilities’ 2008 Biennial Assessment of the Disability Services System in Virginia, produced by TecAccess LLC (www.tecaccess.net), is now available on the Virginia Voice Radio Reading Service's website, www.VirginiaVoice.org, where it can be listened to on-line (www.virginiavoice.org/Biennial.html) or downloaded (www.virginiavoice.org/Biennial_dll.html) for listening on a computer, mp3 player, or other compatible audio device.  Links to the audio, as well as the original text version of the Biennial Assessment, can also be accessed from the Virginia Board’s website at www.vaboard.org/biennial.htm. 

The expanded and updated 2008 edition of the Biennial Assessment has become an essential reference resource for Virginia’s state and local elected and appointed officials, other policymakers, service providers, advocacy leaders, the media, and individuals with disabilities and their families.  The Biennial Assessment is the most comprehensive summary of Virginia’s system available.  It covers publicly provided or funded services for early intervention, education, community and institutional supports, health care, housing, transportation, employment, emergency planning, and advocacy.  Each chapter includes a needs assessment, information on services that are available and how they are accessed, who is eligible for them, how they are funded, how they are evaluated and monitored for quality, and sources of additional information, as well as a summary and topical listings of critical areas of concern identified by the Board and recommendations on how they should be addressed. 

In addition to print and audio versions, other accessible-format versions of the Biennial Assessment are available on request to 1-800-846-4464 (Toll-free, Voice & TTY) or INFO@VBPD.virginia.gov.

AND
2008 “Olmstead” Strategic Plan Updates and Progress Reports 

The 2008 updated Cross-Governmental Strategic Plan To Assure Continued Community Integration Of Virginians With Disabilities has been submitted to the Governor.  To review or download a copy, visit Virginia’s “One Community:  The Olmstead Initiative” website at www.olmsteadva.com. 

The updated plan was developed jointly by the Community Integration Implementation Team and the Community Integration Advisory Commission, which received public comment on the plan. 

For more information or to obtain a copy of the plan in alternative formats, contact: 

Julie A. Stanley, Director,
Community Integration for People with Disabilities
1111 East Broad Street, Suite 4048
Richmond, VA 23219
Phone: 804-371-0828
Fax: 804-371-6984
julie.stanley@governor.virginia.gov

ONE MORE
JLARC Public Input Sessions on the Delivery of Autism Services in Virginia 

The Joint Legislative Audit and Review Commission (JLARC) of the Virginia General Assembly has been directed to assess the current availability and delivery of autism services in Virginia and recommend ways to improve the delivery of these services.  As part of its research, JLARC staff will be conducting four regional public sessions to receive input from individuals with autism, parents, caregivers, advocates, and other stakeholders concerning the delivery of autism services in Virginia. 

A schedule of the public input sessions can be found on the JLARC website at http://jlarc.state.va.us/Autism_Input.htm , along with suggested topics for discussion and session procedures.  Individuals submitting input are encouraged to frame their comments around personal experiences or the experiences of those they represent; however, the discussion of any other autism service issues is welcomed as well. 

Individuals unable to attend one of the public input sessions can also submit written comments to: 

Attention:  Ellen Miller
Autism Study
Joint Legislative Audit and Review Commission
Suite 1100, General Assembly Building, Capitol Square
Richmond, Virginia 23219
Fax:  804-371-0101
JLARCAutismStudy@leg.state.va.us

Questions about these public input sessions or the JLARC autism study in general should be directed to Ellen Miller at 804-371-4577 or Hal Greer at 804-371-4572.  Speakers who require accommodations to participate in a public input session should contact Ellen Miller at least seven working days prior to the session date. 

FINALLY
September Information Summary C7
information or  http://members.aol.com/dac4va/information.htm


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

Keith-

========================================================
1. PRESIDENTIAL CANDIDATES AND PEOPLE WITH DISABILITIES
2. WHAT DOES THE 07' NURSING HOME DATA SHOW?
3. NEW RULES FOR MEDICARE PRIVATE HEALTH PLANS
4. SpEd - 6 TYPES OF ADD - CERTIFICATE MAKER - BLOOM'S REVISED
5. NEW MONEY FOR SUPPORTED EMPLOYMENT
6. DEAR MARCI - I MISSED MY DEADLINE TO APPEAL, CAN I STILL APPEAL?
========================================================
********************************************************
PRESIDENTIAL CANDIDATES AND PEOPLE WITH DISABILITIES
********************************************************  
The following information was received from the Obama campaign.  I am sending it out for discussion.  If the McCain campaign sends me a similar document, I'll send it out.

BARACK OBAMA VS. JOHN MCCAIN: Who Will Break Down the Barriers that Exclude People with Disabilities?

OBAMA ON SUPPORT FOR LIVING INDEPENDENTLY IN THE COMMUNITY

Obama is a co-sponsor of the Community Choice Act of 2007.  Obama believes that individuals should be able to make their own choices for their living arrangements and live independently in their communities.  [S.799, 110th Congress]

Obama is a co-sponsor of the Community Living Assistance Services and Support (CLASS) Act Of 2007.  This bill would help individuals with functional impairments pay for services that they need to maximize their independence. [S.1758, 110th Congress]

MCCAIN ON SUPPORT FOR LIVING INDEPENDENTLY IN THE COMMUNITY

McCain strongly opposes the Community Choice Act.  Asked about the Community Choice Act at a Town Hall in Denver, McCain said "The Community Choice Act is not a piece of legislation that I support." [McCain Town Hall, 7/7/08]

OBAMA ON EDUCATION FOR INDIVIDUALS WITH DISABILITIES

Barack Obama supports full funding of the Individuals with Disabilities Education Act (IDEA), early intervention and developmental programs, and expanded college opportunities for students with disabilities.

Obama voted for over $44 billion in funding for the IDEA.  [SCR 1, Senate Vote #94, 3/22/07]

Obama will invest $10 billion per year in early intervention, educational and developmental programs for children between zero and five.  His plan will help expand programs such as Early Head Start to serve more children with disabilities.  His plan also will encourage states to expand programs for children with disabilities, such as IDEA Part C. [Obama Plan to Empower Americans with Disabilities]

Obama supports increasing opportunities for college students with disabilities.  He also will provide more support for these college students. Obama was an original co-sponsor of the Senate bill to reauthorize the Higher Education Act (S. 1642) which significantly expands opportunities and supports for individuals with disabilities to attend college and graduate programs. [S.1642, 110th Congress]


MCCAIN ON EDUCATION FOR INDIVIDUALS WITH DISABILITIES

John McCain has repeatedly voted against the IDEA even though he claims he supports full funding of it.

McCain has repeatedly voted against funding for special education.

XMcCain repeatedly voted against funding increases for the IDEA. [H.R.4577, Senate Vote #170, 6/30/00; SCR 23, Senate Vote #103, 3/26/03]

XMcCain has chosen tax cuts for the wealthy over education funding for students with disabilities.  Specifically, McCain voted against increasing spending in the amount of $229 billion over 10 years for the IDEA. McCain also voted against an amendment that would create a reserve fund of $73 billion in IDEA funding.  The spending would have been made possible by reducing tax cuts. [SCR 23, Senate Vote #103, 3/26/03; SCR 23, Senate Vote #70, 3/21/03]

McCain did not co-sponsor reauthorization of the Higher Education Act (S. 1642).  He also did not vote on passage of the reauthorization of the Higher Education Act in the 110th Congress. [S.1642, 110th Congress; S. 1642, Senate Vote #275, 7/24/07]

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 email was cleaned by emailStripper, available for free from http://www.papercut.biz/emailStripper.htm

********************************************************
WHAT DOES THE 07' NURSING HOME DATA SHOW?
********************************************************
What does the 2007 Nursing Home Data Show? Information Bulletin # 260  (9/08)

WARNING: The following information may be dangerous to your health/well-being and is not intended for delicate stomachs.

Annually, every state reports data to the federal Centers for Medicare and Medicaid Services which are collected in the On-Line Summary and Certification System (OSCAR report).  The 2007 data has been recently compiled and released by the University of California, San Francisco.

The following results are for 15,281 nursing homes with 1.6 million beds. Of the 1.37 million residents, 64% were on Medicaid. Therefore, the following care and services in the nursing facilities were paid with our taxes.  We support and pay for the following.

Highlights:

1.  In 2007, the average number of registered nurses hours per resident was 0.6 hours - a little more than a half an hour per resident.  This represents a 14% decline between 2001 and 2007.

What does this mean?  Either most people in nursing homes do not require registered nursing care or, if they require it, they're not getting it.  How much money does your state pay nursing homes for registered nursing services?

2.  There was a 7% increase of residents with dementia (to 45.6% of the total residents) and a 33% increase of residents with other psychiatric diagnoses (21.4% of total residents).

What ever happened to the PASSAR requirements?  Why are so many people in a nursing facility with mental health disabilities?  Why aren't the mental health advocates screaming about this?

Given the huge percentage of nursing home residents with a mental health diagnosis, have nursing homes become an extraordinarily expensive version of personal care boarding homes and state mental hospitals?  Have the beds on the Titanic merely been rearranged so that states could receive reimbursements under the Medicaid nursing home provisions?

We know that residents are not receiving RN services (see #1 above), but are they receiving psychological and behavior management services? It's really inconceivable that nursing homes are providing such services. Are the nursing homes in your state required to have trained staff to provide such services?

3.  The good news is that fewer people were either in bed or physical restraints.  The bad news is that the form of restraints has shifted to "chair bound."  56% of all residents were chair bound.

Has your state asked why so many people are "chair bound?"  Is there a correlation between those people who have been diagnosed with either dementia or other psychiatric illnesses and being "chair bound" restrained?

4.  More than 94,000 residents (nearly 7% of the entire nursing home population) have pressure sores.

How many of these people were "chair bound?"  OK, so there are very few RN s, but aren't the nursing assistants supposed to be turning people on a regular basis just to prevent these dangerous sores.  Aren't most of them preventable with adequate and appropriate services?  If nursing facilities cannot prevent even pressure sores, is there really anything they can do?

5.  More than 114,600 "deficiencies" were issued for violations of federal regulations and requirements.  There was an average of 7.5 deficiency violations per nursing facility in 2007.  UCSF noted that there was a wide range in the average number of deficiencies, suggesting that state enforcement varies widely.

Should we be at all upset with so many deficiency violations?  Only if we are in the institutions.  If someone else is in them, oh well.

6.  The percentage of nursing homes cited for the following specific violations include:

37% of the 15,281 nursing facilities were cited for failing to ensure a safe environment;

35.3% cited for food sanitation (is it really that hard to keep kitchens clean?);

28.9% cited for failing to meet quality standards;

27.6% for failure to meet professional standards (which professionals?

Not RN s, because there are so few, not MD s because they are virtually never seen, then who? The administrators?);

22.4% for failure to provide comprehensive care plans;
19.2% for inadequate incontinence care;
19% for administering unnecessary drugs; and
18.1% for poor infections control.

There are many other violations, but you get the point.  Nursing homes are really dangerous places.  No wonder more than 90% of elderly people do not want to go into a nursing facility.

Steve Gold, The Disability Odyssey continues

********************************************************
NEW RULES FOR MEDICARE PRIVATE HEALTH PLANS
********************************************************
New Rules for Medicare Private Health Plans

September 18, 2008 • Volume 8, Issue 38

After four years of complaints from insurance commissioners, exposés in the press, congressional hearings and the testimony of numerous victims of fraud and deception and, finally, a legal mandate from Congress, the Bush Administration has decided it is time to regulate the marketing of Medicare private health plans.

The new regulations on commissions for brokers selling Medicare private health and drug plans that take effect today are modeled after the rules that have governed the sale of Medigap supplements for over a decade. Companies must pay commissions over a minimum of six years and the commission for initial enrollments cannot be more than twice the rate for any subsequent year.

The structure is designed to discourage “churning”—moving people from plan to plan to earn a commission—and to encourage agents to sell plans that are in the long-term interest of their clients. If enforced, it may work and weed out the agents who are in it just to make a quick buck.

But there are fundamental differences between the Medigap market and the market for private Medicare “Advantage” plans that undermine the commission structure developed by the Centers for Medicare and Medicaid Services.

An agent selling a Medigap plan knows the benefit package will be just as good two or six or ten years from today, because the benefits are standardized and mandated by law. Premiums can go up, but even these are subject to state regulation.

Not so with Medicare Advantage plans. Every year the benefits can change. Premiums can go up, but so can copays for hospital stays. The annual cap on out-of-pocket spending can double, or even disappear. The incentives for the plan are to shift costs onto the sick and keep premiums low enough to attract new healthy members. What seemed at the outset like a suitable plan for someone living with multiple chronic conditions can devolve over time into a benefit package riddled with holes.

There are other problems with the rules established by CMS. Insurance companies can still provide higher commissions to push low-value plans over plans that offer greater financial protection for the enrollee (and greater financial risk for the company). After all, it takes more work to cajole or trick someone into a lousy deal.

The solution to these problems lies in establishing a minimum standard for the financial protection provided to enrollees in Medicare Advantage plans, standardizing the benefit packages to make facilitate comparison and providing some guarantee of year-to-year continuity in coverage.

The current situation—where only the fine print of benefit packages can reveal the traps that are set for cancer patients and others with high-cost illness—is unacceptable, both to people with Medicare and to the honest brokers trying to find the best plans for their clients. CMS took a step today toward choking off the cash flow to predatory agents. It should take the next step and weed out unscrupulous plans.
(thax medicarerights)

********************************************************
SpEd - 6 TYPES OF ADD - CERTIFICATE MAKER - BLOOM'S REVISED
********************************************************
The 6 Types of ADD
Recently there has been a lot of information available indicating that there are really different types of ADD/ADHD. These include the inattentive Type, the classic, the over-focused, the anxious...read more

Certificate Maker
Crayola has a terrific certificate maker online and subscriptions are free! You can quickly make 'Way to Go', 'Right on Time', 'Blasting Off Into Reading'. Motivate your students with ...read more

Bloom's Revised
Bloom's taxonomy of higher level thinking skills guides educators to ask better questions that go beyond the basic knowledge level, thereby focusing on the thinking skills required for this millennium....read more
(thax about.com)

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NEW MONEY FOR SUPPORTED EMPLOYMENT
********************************************************
New Money for Supported Employment

As you may know, this spring the Social Security Administration (SSA) revamped its Ticket to Work, which provides consumers with vouchers to purchase employment support services from the provider of their choice.  The new regulations substantially improve the program by providing more money to providers up front and allowing providers to be reimbursed when consumers work part-time.  These changes should make the program more economically viable for providers, thereby attracting more “employment networks” (what SSA calls their employment service providers) into the program and giving consumers greater choice.  The great things about the Ticket program are that:

1.    Virtually any organization can become an employment network (e.g., consumer-run programs, individual psychosocial rehabilitation providers, State Mental Health Authorities, businesses, etc.).

2.    Funding for provider reimbursement for Ticket services is IN ADDITION TO funding provided through Medicaid, State Vocational Rehabilitation, and other sources.  In other words, this is NEW MONEY for employment services!

Attached is the Federal Register notice from May that describes the changes to the Ticket program in detail.  In addition, please see the following website, which SSA has designed to recruit providers as employment networks and reach out to beneficiaries regarding how to use the Ticket: http://www.cessi.net/ttw/index.htm .

The changes to the Ticket program provide real opportunity for the mental health community to renew our commitment to helping consumers to pursue their employment and career goals.  Please consider taking advantage of this opportunity by becoming an employment network and/or using and encouraging others to use their Tickets.
(thax SAMHSA)

********************************************************
DEAR MARCI - I MISSED MY DEADLINE TO APPEAL, CAN I STILL APPEAL?
********************************************************
Dear Marci,
I missed the deadline to file an appeal with Original Medicare. Can I still appeal?
—Colin (Sunset North, AZ)
---------------
---------------
Dear Colin,
Often, yes. If Original Medicare denies coverage for care you already received, you generally have a limited amount of time to file an appeal. However, if you miss the deadline, but can show “good cause” for why you were late, you can still file an appeal. For example, if you were ill and you could not handle business matters, you may be able to show “good cause” for a late appeal. “Good cause” reasons are judged on a case-by-case basis, so if you think your reason is sound, send in your appeal with a clear explanation of why you are filing after the deadline.

To find out more about filing a late appeal, visit Medicare Interactive. To find out how to appeal if you have Original Medicare, visit this section of Medicare Interactive.
http://medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=340

— 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 V9-#07  Thursday, September 04, 2008 -- No Vote, No Voice!  
========================================================
I hope everyone enjoyed the unofficial end of our summer and you are all relaxed from your vacations. Now it's time to get the kids back in school and enjoy another season of school activities and go back to work. I'm all for staying on vacation BUT my boss forced me back to work early:) Guess my vacation starts in July next year..

Before I start out with any news I must alert you to the fact that AOL graciously purged ALL my files and most of my letters because of the amount of mail I receive. So if you have asked to have any specific news item run or asked for any assistance of any kind you'll need to resubmit your requests because I have nothing left to remind me. Thank you and thank AOL for cleaning up my files:)

On with the news----------->

CDC Releases Two Data Briefs on U.S. Mental Health
The Centers for Disease Control and Prevention’s (CDC) National Center for Health Statistics recently released the following two data briefs examining rates of children’s mental health services use and depression in U.S. households:

Use of Mental Health Services in the Past 12 Months by Children Aged 4-17 Years: United States, 2005-2006

Key findings

·       In 2005-2006, 15% of U. S. children aged 4-17 years had parents who talked to a health care provider or school staff about their child's emotional or behavioral difficulties. This included 18% of boys and 11% of girls.

·       Approximately 5% of children were prescribed medication for difficulties with emotions or behavior. A large majority of these children (89%) were prescribed medication for difficulties with concentration, hyperactivity, or impulsivity, which are symptoms of attention deficit-hyperactivity disorder (ADHD).

·       Approximately 5% of children received "treatment other than medication" for emotional or behavioral difficulties. Most of these children - 60% - received this treatment from a mental health private practice, clinic, or center.

To view the entire report, please see: http://www.cdc.gov/nchs/data/databriefs/db08.htm

Depression in the United States Household Population, 2005-2006

Key findings

·       In any 2-week period, 5.4% of Americans 12 years of age and older experienced depression. Rates were higher in 40-59 year olds, women, and non-Hispanic black persons than in other demographic groups.

·       Rates of depression were higher among poor persons than among those with higher incomes.

·       Approximately 80% of persons with depression reported some level of functional impairment because of their depression, and 27% reported serious difficulties in work and home life.

·       Only 29% of all persons with depression reported contacting a mental health professional in the past year, and among the subset with severe depression, only 39% reported contact.

To view the entire report, please see: http://www.cdc.gov/nchs/data/databriefs/db07.htm

NEXT
Scooter 4 Sale

Color:  Blue
Condition:  Excellent
Description:  Large seat, additional shopping basket and cane holder
Price:  $2,000
Up to 25 mile range*
4 mph 3-wheeler with convertAble option – 3 products in 1
Maximum rider weight 32 stone <----what????
Available in red and blue 

Contact:
Catherine McNeal
Phone:  703 670-5089

LQQK
Tongues could give paralysis patients power
Goal: Be able to manipulate wheelchairs and computers
The Associated Press, page 8B
ATLANTA — The tireless tongue already controls taste and speech. Now scientists hope to turn it into a computer control pad.
http://www.usatoday.com/advertising/pop.htm

NEXT
Social Security Disability News from Sheri R. Abrams, P.C. Attorney at Law
Please see our new websites at:
www.sheriabrams.com
  &
www.virginiasocialsecuritylaw.com
  &
www.socialsecuritydisabilityinformation.com

for more information.

Our law office has moved to a new location in the "Old Town Fairfax Building."
4015 Chain Bridge Road
Suite I
Fairfax, VA 22030
(703) 934-5450

We are right across the street from the Courthouse in Fairfax City, Virginia.

We continue to practice Social Security Disability Law and prepare Wills, Living Wills, Health Care & Financial Powers of Attorney, but now we have expanded our law practice to include the preparation of Special Needs Trusts.  For more information on Special Needs Trusts please read on.

REFERRALS:
If you know of someone who could use our legal services, please forward to him/her this e-mail newsletter or give him/her our telephone number:  (703) 934-5450.

We provide legal services to clients in Virginia, DC and Maryland, and we are always happy to provide FREE friendly phone advice.

If you refer someone who becomes a client, we will treat you to a great cup of coffee (you will receive a FREE Starbucks Gift Card).

If you, or someone you know, is involved with an educational event or support group that would benefit from a presentation on Social Security Disability Law, Wills or Special Needs Trusts, please call us at (703) 934-5450.

NEXT
Disability Conference in Chesterfield County
Through the Roof Ministries of
Woolridge Road Church
Presents the 3rd Annual...

Wide Open Doors Conference

Right in Chesterfield County…

25 workshops including:
Transition, Special Ed 101, Autism, ADHD, Assistive Technology, Grassroots Advocacy, Assessments, Speech and Language, Social Skills, Exploring Community Services, Sign Language, Developing Friendships, Music Therapy, and much more…..

Keynote Speakers: Nina Fuller, Founder of Living Proof Testimonies, Parent of 2 children with Down Syndrome

Patrick Henry Hughes, Recently featured on Extreme Home Makeover

More info and registration at: http://www.woolridgeroad.org

October 18-19, 2008
Woolridge Road Church

Tammy Burns
Pastor to Children and Through the Roof Ministries
Woolridge Road Church

NEXT
Bridges4Kids NewsDigest: August 29, 2008
A great resource state/nationwide.....kk-

A new edition of the Bridges4Kids NewsDigest is now available online at: http://bridges4kidsnewsdigest.c.topica.com/maambxRabJ3sdbboDaTbafpLKt/

NEXT
The 'R-word' is no joke.
For the intellectually disabled and their families, it's just as bad as the "N"-word.
By Maria Shriver
http://www.latimes.com/news/opinion/la-oe-shriver22-2008aug22,0,4571473.story?track=ntothtml

NEXT
VBPD Seeks Nominations for Leadership and Achievement Awards
The Virginia Board for People with Disabilities (VBPD) seeks nominations for 2008 Leadership and Achievement Awards. Nomination forms and additional information about the Jackie Crews Award for Excellence in Leadership and the Outstanding Achievement Award are now available on the Virginia Board for People with Disabilities' website at www.vaboard.org/awards.htm or may be requested by contacting the Board at: 202 North Ninth Street, 9th Floor, Richmond, Virginia, 23219; info@vbpd.virginia.gov.; (804) 786-0016 Voice, (804) 786-1118 Fax, (800) 846-4464 Toll-Free Voice/TTY

Nominations for the 2008 awards will be accepted between September 1 and October 17, 2008.

NEXT
Life is better for everyone
The first typewriter was built for a blind person to use. Today everyone uses one. The first curb cuts were made to allow people in wheelchairs to get out into the community. Today, mothers with strollers depend on them. Bicyclists do, too. When we empower one, all benefit.

Let’s remind our elected leaders to invest in programs and gizmos that help people. This work is not a burden on society. It’s more like fertilizer: it makes the whole community garden grow better......... (thax ACT...kk-)

AND
Deaf People May Soon Hear Again, Scientists Say
http://www.nysun.com/foreign/deaf-people-may-soon-hear-again-scientists-say/84773

Americans With Disabilities for McCain site
For those who are interested, there is the Americans With Disabilities for McCain website:
http://americanswithdisabilities.johnmccain.com/Site.aspx
McCain worked on the original ADA and linked in at this year's ADA Forum.

Hip Injuries and Disorders
Do Low Vitamin D Levels Increase Risk for Hip Fracture?
http://www.annals.org/cgi/content/full/149/4/I-42
American College of Physicians

Cancer--Living with Cancer
New Approach for Treating Depression in Cancer Patients
http://www.cancer.org/docroot/NWS/content/NWS_1_1x_A_New_Approach_for_Treating_Depression_in_Cancer_Patients.asp
American Cancer Society

Home Care Services
Medicare's Home Health Benefit: Getting Started
http://www.medicare.gov/Publications/Pubs/pdf/11357.pdf
Centers for Medicare & Medicaid Services

Medicare
Medicare and Hospice Benefits
http://www.medicare.gov/Publications/Pubs/pdf/11361.pdf
Centers for Medicare & Medicaid Services

Medicare's Home Health Benefit: Getting Started
http://www.medicare.gov/Publications/Pubs/pdf/11357.pdf
Centers for Medicare & Medicaid Services

Medicare's Coverage of Dialysis and Kidney Transplant Benefits
http://www.medicare.gov/Publications/Pubs/pdf/11360.pdf
Centers for Medicare & Medicaid Services

Medicare and Skilled Nursing Facility Care Benefits
http://www.medicare.gov/Publications/Pubs/pdf/11359.pdf
Centers for Medicare & Medicaid Services

Medicare and Your Mental Health Benefits: Getting Started
http://www.medicare.gov/Publications/Pubs/pdf/11358.pdf
Centers for Medicare & Medicaid Services

NEXT
Disability Services Board Needs Assessment Survey Information

Needs Assessment Survey for those with Physical or Sensory Disabilities
The Committee for Persons with Disabilities, serving Prince William County Disability Services Board is conducting a survey for the Virginia Department of Rehabilitative Services.  The data from this survey will be presented to local and state officials to inform them of the unmet needs of those with disabilities.  This survey is being conducted by all Disability Services Boards in the state of Virginia.  If you have a physical or sensory disability please contact our office for a survey at 703 792-7649 or by email at lmoore@pwcgov.org.  The survey is also available on our website at http://www.pwcgov.org/DSBNeedsAssessment
Survey deadline is January 31, 2009.

NEXT
"Planning Ahead Can Save the Life of a Child with Epilepsy" - Read the Article Now on EParent.com

As part of its September, back-to-school focus, EP Magazine presents this primer article on the necessity for a seizure emergency plan, and for added awareness and education about the administration of emergency antiepileptic medication within the school environment. To view the full article and access it online via EParent.com, please click on the link below:

http://www.eparent.com/uploads/1/WEB-ed-epilepsyvaleant.pdf

You can also view the archive recording, for free, on EP LiveOnline™’s related Web seminar on seizures by clicking on the link below:

http://www.epliveonline.com/ep_20080805.html

INTERESTING
Study Shows Link Between Health Care and Retention
http://guidetoretirementliving.com/wordpress/?p=1403
(thax proaging)

FINALLY
FAST FACT
The 2007 Commonwealth Fund Biennial Health Insurance Survey reports that 7 million adults age 65 and older struggled to pay medical bills and accumulated medical debt. In total, 79 million adults of all ages have medical debt or bill problems, a 7 percent increase from 2005 to 2007. (Seeing Red: The Growing Burden of Medical Bills and Debt Faced by U.S. Families, The Commonwealth Fund, August 2008).  http://www.commonwealthfund.org/publications/publications_show.htm?doc_id=700868

ONE MORE LEFT
DisabilityInfo Website Enhanced
The disabilityinfo.gov website, a collaborative product among twenty-two federal agencies, contains comprehensive information on cross-cutting issue areas including employment, benefits, housing, transportation, health care, education, civil rights and technology.  In preparation for the 18th anniversary of the Americans with Disabilities Act (ADA), the site has been enhanced and updated. Changes include: over 2,000 new links to state-level resources; the State and Local Resources Map has been enhanced to offer greater access to information about programs and services; access to the quarterly newsletter; and answers to frequently asked questions about the DisabilityInfo website.

The site can be visited at:  www.disabilityinfo.gov


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

Keith-

========================================================
1. SSI - SUGGESTIONS TO IMPROVE THE LIVES OF 7 MILLION PEOPLE
2. WHAT CAN I DO IF MY DRUG PLAN WILL NOT PAY FOR A DRUG?
3. OPEN SEASON ON DRUG PLANS
4. SpEd - IT JUST KEEPS GETTING BETTER, ACCOMMODATING SPECIAL NEEDS
5. MEDICARE WILL NO LONGER PAY HOSPITALS FOR CERTAIN CONDITIONS
6. RESEARCH SURVEY ON REASONABLE ACCOMMODATIONS
========================================================
********************************************************
SSI - SUGGESTIONS TO IMPROVE THE LIVES OF 7 MILLION PEOPLE
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SSI - Some Suggestions to Improve the L