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

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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.

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SoundAMP Turns an iPhone Into a Hearing Aid
http://reviews.cnet.com/8301-19512_7-10281062-233.html
An iPhone can take the place of all kinds of gear--an air mouse, a metronome, a golfer's GPS, and so on. Now, thanks to SoundAMP, it can fill in for a hearing aid as well. (thax to Cheryl at NVRC who makes my job easier. Get her newsletters here: www.nvrc.org ;)

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Vision Technology – Low Vision Aids URL: http://www.visiontechnology.com Vision Technology revolutionizes how people with low vision engage with essential, everyday activities and improves their quality of life. Since 1992, the company's ground-breaking products have redefined low vision assistive devices by setting new standards in features, production and excellence. From state-of-the-art precision glass optics, auto-focus technology and the industries first incorporation of LED lighting, the impact of Vision Technology products is evident across the low vision industry. With a reputation for superior quality and a portfolio of the most respected and recognized low vision brands, Vision Technology is continuously redefining how people with low vision live independently.

JOBS LQQK!!!!!
Hi. This is Ollie Cantos, Member of the Attorney General's Committee for the Employment of People with Disabilities.  Several weeks ago, I sent out a mailing, announcing a call by Attorney General Eric Holder to all Department of Justice components to hire additional qualified individuals with disabilities, with the ultimate goal of our workforce reflecting an employment level of 2% to consist of members of the disability community.  Since that time, Attorney General Holder has met with our Committee, which reports directly to him, to reiterate his support for this effort.

Over the course of the past several weeks, the Committee, under the direction of Chairperson Fred Parmenter and in close conjunction with Vontell Frost-Tucker, Director of the Equal Employment Opportunity Staff under the Department's Justice Management Division, has been collecting applications from interested individuals with disabilities, who are eager to join the Department.

To help build our momentum still further, this email has been put together in order to assist in enabling members of the disability community to learn of specific job vacancies, retain a copy of the Attorney General's original directive for future reference and use, learn of various other employment-related resources, and read a letter that has been issued by the National Council on Disability (the independent federal agency making recommendations to Congress and the President on disability policies and programs), in response to the Attorney General's leadership in setting the tone for future recruitment, hiring, retention, and advancement practices within a disability context.

In addition to completing application paperwork as part of the standard process, those who self-identify as having a disability (potentially making them eligible to be brought on board via "Schedule A" hiring authority) may call me at (202) 514-8191 [voice] and/or email me at Ollie.Cantos@usdoj.gov for further instructions regarding what may be done to optimize consideration for employment.

Whether you are a person with a disability or are networked with others who are, please forward this email far and wide in order to maximize opportunities for people with disabilities to become an integral part of our Justice Department team by filling jobs for which they are individually qualified.

Thank you so very much for all your help in getting the word out.  Your efforts will most definitely make a real difference in people's lives.

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Disability.gov Launched
The U.S. Department of Labor this week launched Disability.gov, a redesigned federal Web site that connects the more than 50 million Americans with disabilities to thousands of trusted resources on disability-related issues, programs and services. Formerly known as DisabilityInfo.gov, the site has been completely redesigned and updated with new social media tools, such as a blog and a Twitter feed, to encourage feedback and interaction among visitors. Disability.gov is not just for Americans with disabilities, but also for parents of children with disabilities, employers, workforce and human resource professionals, veterans, educators, caregivers and many others.

Disability.gov features comprehensive information from 22 federal agencies, as well as educational institutions, non-profit organizations and state and local governments. Topics covered on the site include: benefits; civil rights; community life; education; emergency preparedness; employment; health; housing; technology; and transportation.

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GOVERNOR KAINE HIGHLIGHTS FUNDING FOR WEATHERIZATION ASSISTANCE PROGRAM
~ Additional funds included in American Recovery and Reinvestment Act ~
Persons interested in receiving weatherization assistance should visit DHCD’s website at www.dhcd.virginia.gov to locate the weatherization provider in their area.

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VBPD News: VBPD July 2009 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

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Public Input Opportunity 
YOU AND YOUR WHEELCHAIR 

The University of Connecticut is requesting help from wheelchair users.  They are conducting research on wheelchair users' opinions pertaining to wheelchair technology and services.  The survey is about 40 questions, takes 10 minutes to complete, and includes a chance to win a $50 Amazon.com gift card.  Your participation in this survey will directly contribute to an increased awareness of problems faced by wheelchair users. 

To complete the survey, go to: www.zoomerang.com/Survey/?p=WEB229DYFNSVLC

For more information or to request a copy of the survey results, when available, contact: 

          Geoff Cullen, Research Analyst - Innovation Accelerator
          Connecticut Center for Entrepreneurship and Innovation (CCEI)
          University of Connecticut
          222 Pitkin St, Suite 105
          East Hartford, CT 06108
          Tel: (860) 728-2147
          geoff.cullen@business.uconn.edu 

AND
Parents as Collaborative Leaders Training
PEATC is conducting a parent leadership training this summer. We are looking to recruit parents of younger children who are more likely to be involved in growing a parent network of support in their communities. Would you please forward this information through your dissemination channels?

PEATC is excited to announce the opportunity this summer for parents to experience the Parents as Collaborative Leaders training. It will be held August 26-28 in Lynchburg, Virginia. The training will begin with lunch at 12 noon on Wednesday and end at 1 pm on Friday. This is an all inclusive training with meals, books and materials free to accepted applicants. Mileage reimbursement is available as well.

Catherine Burzio
Transition Coordinator
Parent Educational Advocacy Training Center (PEATC)
100 N. Washington Street, Suite 234
Falls Church, VA 22046
703-923-0010/phone
800-869-6782/toll-free phone
800-693-3514/fax
www.peatc.org

Richmond Regional Office
3600 West Broad Street, Suite 397
Richmond, VA 23230
804-819-1999/phone
Virginia's Parent Involvement Resource Center and Parent Training and Information Center
Building Positive Futures for Virginia's Children

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Participate in the AASPIRE Gateway Project
You are invited to participate in a continuing online research project called the AASPIRE Gateway Project. This online research project is conducted by the Academic Autistic Spectrum Partnership in Research and Education (AASPIRE, http://aaspire.org) in collaboration with Oregon Health & Science University, the University of Wisconsin-Madison, Portland State University, and the Autistic Self-Advocacy Network.

The AASPIRE Gateway Project is recruiting participants with and without disabilities, and participants on the autism spectrum, for a series of continuing online studies on topics such as health care, Internet use, online sense of community, identity, problem solving, and perspective taking. The goals of the online AASPIRE Gateway Project are

(1) to collect the Gateway Survey data;
(2) to use the Gateway Survey data to invite eligible participants to AASPIRE’s continuing online research studies; and
(3) to use the Gateway Survey data in AASPIRE’s continuing online research studies.
You may participate in the AASPIRE Gateway Project and contribute to continuing AASPIRE research studies if you are at least 18 years old, and you have access to the Internet.

The first step in joining the AASPIRE Gateway Project is completing the online AASPIRE Gateway Survey. The AASPIRE Gateway Survey asks about (a) personal information, such as age, gender, disability, education, and employment status, (b) information about which hand you prefer to use when doing activities such as writing with a pen or pencil, and (c) information about your personal preferences regarding interests, habits, and social interactions. Completing the AASPIRE Gateway Survey will take approximately 20-40 minutes. In return, you may choose to be entered into a drawing for a 1 in 25 chance to win a $25 gift certificate to Amazon.com or to receive 1 extra credit point in your introductory psychology class if you are a student at the University of Wisconsin-Madison.

Adults who identify as having a disability and adults who identify as being on the autistic spectrum are especially encouraged to participate in the AASPIRE Gateway Project.

If you're interested in participating in the AASPIRE Gateway Project, or would like to learn more about AASPIRE or the study, here are three ways you can get started:

- Go to the study’s website at www.aaspire.org/gateway.
- Send an email to info@aaspire.org.
- Make a telephone call to Christina Nicolaidis, MD, MPH, at (503) 494-9602 or Morton Ann Gernsbacher, PhD, at (608) 262-6989.

OHSU IRB # 3762; UW IRB# SE-2008-0749
Principal Investigators: Christina Nicolaidis, MD, MPH, Oregon Health & Science University
Morton Ann Gernsbacher, PhD, University of Wisconsin-Madison
Katherine McDonald, PhD, Portland State University
Dora Raymaker, Autistic Self-Advocacy Network

FINALLY
The American Prospect: Should Disability Funding Be Part of Health Reform?
When it comes to their top legislative priority, disability activists fear later will mean never.
By BEN ADLER | July 30, 2009 | web only
Link:
http://www.prospect.org/cs/articles?article=should_disability_funding_be_part_of_health_reform

Sex bans in nursing homes <----good nuff reason to avoid NH's :)
Is it proper, or even legal, to keep intimacy off-limits in nursing homes?
By Ira Rosofsky
http://www.latimes.com/news/opinion/la-oe-rosofsky3-2009aug03,0,2896341.story
From the Los Angeles Times

The Auburn School Selects Its Location!
Dear Friends and Colleagues,
We are pleased to announce that we have selected a location for The Auburn School!  We will be located at 13525 Dulles Technology Drive in Herndon, VA.  The facility was formerly home to the Nysmith School for the Gifted.  The spacious, 14,000 s.f. building offers many wonderful features, including:

·         A convenient location off the Dulles Toll Road
·         Tranquil and inviting school setting
·         Generously sized classrooms with abundant natural light
·         2,000 s.f. multi-purpose room / theater
·         Large, grassy outdoor play area with picnic tables
·         Two-acre wetlands preserve with gazebo and walking path
·         Ample parking
·         Shopping center within walking distance for school outings
·         Public park and soccer field under development across the street

We are very pleased to have secured a former private school facility at such a fantastic location.  Photos of our school building are available here:  http://www.theauburnschool.org/overview.cfm?subpage=735896.

If you are interested in a tour, please do not hesitate to contact us!   More information about upcoming information sessions for parents and professionals, and complete information on the school are available on our website: www.theauburnschool.org.

ONE MORE----->
Hope, Help & Humor: A book for Special Needs Parents, Professionals and Providers

Attention Special Needs Parents, Professionals and Providers!

Find hope, help and humor in the pages of "I’m Katie’s Mom: Pointers for Professionals and Parents of the Disabled by Barbara B. Holdcroft, Ph.D.  This quick and easy “must read” is packed with valuable information that is presented in everyday language.  More information at: www.filedby.com/author/barbara_b_holdcroft/2153547/ 
Enjoy the book – enrich your life.


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

Keith-

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1. HCBS WAIVERS & CMS RULES
2. SCARE TACTICS ON HEALTHCARE
3. COURT REINSTATES WRONGFUL TERMINATION OF HEALTH BENEFITS
4. DOES MEDICARE PAY FOR PREVENTIVE CARE??????
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HCBS WAIVERS & CMS RULES
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HCBS Waivers and CMS Rules- Information Bulletin #291 (8/09)

Sorry for this late Information Bulletin.  On June 22, 2009, CMS published an "advance notice of proposed rulemaking."  Goggle  74 Federal Register 29453.  Comments must be submitted by August 21, 2009 by email http://www.regulations.gov and follow instructions under more search options' tab.

Because many of these changes will be opposed by providers and special interests that have an investment in the status quo will oppose CMS proposed changes. It is therefore important for advocates and people with disabilities of all ages to make your views known.

The two CMS proposed changes are:

1.  To change waivers so they can be "based on need, rather than diagnosis or condition."  CMS states that the proposed change will "strengthen person-center principles."

FYI - there are currently about 350 waivers serving about 1 million people. Each waiver must serve one of three specific target populations - mentally retarded or developmentally disabled, or both; aged or disabled, or both; or mentally ill.  CMS writes that the "impediment to serving more than one target group through an HCBS waiver relates to the division between the target groups..., not the associated institutional settings where those target groups would otherwise receive services but for the provision of HCBS."

The proposed change is intended to increase flexibility to combine target groups in one HCBS waiver, or to offer services based on individuals needs, instead of what target group they may fall in.

2.  To address residential settings and housing, CMS recognizes that "some individuals who receive HCBS in a residential setting managed or operated by a service provider have experienced a provider-centered and institution-like living arrangement, instead of a person centered and home-like environment with freedoms that should be characteristic of any home and community-based setting."

CMS proposed that persons receiving HCBS services "must reside in the home or community," meaning either "resides in a home or apartment that is NOT owned, leased or controlled by a provider of any health-related treatment or support services; OR resides in a home or apartment that is owned, leased or controlled by a provider of one or more health-related treatment and support services, and that meets standards for community living...."

Some suggestions for comments:

1.  All HCBS waivers should be based on functional needs of individuals. This will eliminate that A-MI-DA, A-MR/DD-DA, A-A/PD-DA mentally and might, just might move us to an ADA perspective.

2.  All HCBS should reduce administrative waste and overlap, which combining waivers based on functional needs accomplishes.

3.  Existing discrimination against people with the greatest needs, those people with the most severe disabilities, must end. In combining waivers, the proposed change must address the widespread discrimination against the most disabled members of the community.

4.  Housing services are critical to transitioning back to the community. But persons in HCBS should reside in a home or apartment that is "NOT owned, leased or controlled by a provider of any health-related treatment or support services."  Housing should be delinked from services - if CMS truly believes what they write about residing "where they can enjoy all the liberties of community living...[and] have maximum choice, control and individual liberties...."

5.  Cost neutrality should be based on a combination of aggregate expenditures, combining the numbers of persons in a functional waiver and comparing their costs to a combination of costs of people in the relevant institutions.

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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SCARE TACTICS ON HEALTHCARE
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Scare Tactics

July 30, 2009 • Volume 9, Issue 30

The opponents of health reform will say anything to stop it, no matter how untrue. The latest falsehood alleges that the America’s Affordable Health Choices Act of 2009 (HR 3200) would require older adults to obtain counseling “that will tell them how to end their life sooner,” in the words of Betsy McCaughey, an employee of the conservative Hudson Institute. Representative Virginia Foxx, Republican of North Carolina, went a step further, implying that the House Democrats’ health reform bill would “put seniors in the position of being put to death by their government.”

These falsehoods are designed to scare older adults and gin up opposition to health reform. In fact, HR 3200 provides Medicare coverage for a consultation with a doctor—not a government official—in which the patient can express her preferences regarding end-of-life care. The patient is not required to have this consultation, and there is no mandate for the patient to complete an advance directive (such as a living will) or forego aggressive treatment of a life-threatening illness.

In fact, HR 3200 makes substantial improvements to Medicare. The bill would phase out the Part D “doughnut hole,” the built-in gap in Medicare drug coverage that requires older adults and people with disabilities to pay the full price for their prescriptions while still paying the premiums for the drug plan. Although it would take until 2023 to fully close the doughnut hole, people with Medicare will benefit immediately as the gap is narrowed with each passing year. The enhanced coverage is paid for by securing lower prices for prescription drugs covered under Medicare Part D. In addition, brand-name drugs for people who are in the doughnut hole would be subject to a mandatory 50 percent discount.

The real threat to the lives of older adults and people with disabilities comes when they cannot afford to buy the medicines they need to treat a serious illness. That is happening right now when people enter the doughnut hole. Closing the doughnut hole is the right thing to do, and we need to pass health reform to make that happen. Please write your senators and representatives and tell them to Remember Medicare and pass health reform.
(thax medicarerights)

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COURT REINSTATES WRONGFUL TERMINATION OF HEALTH BENEFITS
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Court Reinstates Suite by Retirees Alleging Wrongful Termination of Health Benefits

A long-time employee of a major U. S. corporation retires. Perhaps this employee began his employment in the 1950s or 1960s. Perhaps he was covered by a union contract, which provided for payment of a monthly pension upon his retirement, and health care benefits for him and his wife for life.

Does this sound familiar? Will these pension and health benefits be there for employees and retired employees of major companies that might one day (or today) find themselves in bankruptcy?

A federal appeals court has ruled that the retired employees of a now-closed paper mill are not prohibited by federal law from suing their former employer for terminating their health benefits, even though the retirees were not "vested" in those benefits.

Simpson Paper Company owned and operated the Evergreen Mill in West Linn, Oregon, from 1990 to 1996, when it closed the mill due to economic reasons. The mill's employees were union members and their employment from the 1970s to 1996 were covered by collective bargaining agreements.

At the time the mill was closed, the union and Simpson Paper Company negotiated a closing agreement providing that the current employees would get retiree health coverage. The agreement also provided that these benefits could be altered or canceled, subject to negotiation.

Nothing in the closing agreement, however, mentioned former mill employees (and union members) who had retired between ages 55 and 64 and were receiving health benefits but were too young to receive Medicare.

Eight years later, the paper company unilaterally terminated retiree health benefits. The early retirees filed suit.

Initially, the federal district court dismissed their suit, holding that the early retirees had no vested right to health benefits. Because the collective bargaining agreement permitted a termination of benefits at any time "subject to negotiation with the Union," the court said that the early retirees lacked standing to sue the paper company.

On appeal, the Ninth Circuit Court of Appeals reversed. Ordinarily, said the court, suit can be brought under ERISA (the federal law governing pension and health plan benefits) only if those benefits are "vested" - that is, the retired employees' right to those benefits cannot be altered.

This is still the rule for pension benefits - but it is not the rule under ERISA for health benefits, explained the appeals court.

There, said the court, citing a 2008 United States Supreme Court case, ERISA does not require that health benefits be vested before a retiree who asserts that the company has wrongfully altered his benefits has standing to sue the company.

It is enough, as in this case against Simpson Paper Company, that the early retirees can show that they had a contractual right to health benefits (arising under the collective bargaining agreement).

The decision does not mean that the early retirees have won their lawsuit against Simpson Paper Company. The appeals court decision does reinstate their case, allowing them to present proof that the company breached the collective bargaining agreement when it terminated their health benefits.

Poore v. Simpson Paper Company, May 21, 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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DOES MEDICARE PAY FOR PREVENTIVE CARE??????
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Dear Marci,
I like old sayings and “an ounce of prevention is worth a pound of cure” is one of my favorites. Does Medicare pay for any preventive care to keep me healthy before I face health problems?
—Linda (Haddonfield, NJ)

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Dear Linda,
Yes, Medicare has added many preventive care services to its list of benefits in the past few years.

Medicare currently covers 15 standard preventive care services, from a “Welcome to Medicare” physical when you first get Medicare, to various cancer screenings on an ongoing basis (like mammograms and prostate cancer screenings) and certain vaccinations and immunizations.

Because a few services have been added in recent years, doctors may not always realize that Medicare now covers them. It is important to know what preventive benefits Medicare covers and under what circumstances so that you can ask your doctor about them.

For a full list of preventive care benefits that Medicare covers, see Medicare Interactive.
http://www.medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=387

— Marci

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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.**