Print Friendly VersionAdvocacy Action News
February 2005, Issue 86
FEDERAL/NATIONAL
WISCONSIN
LOCAL
ADA
INTERNET
National Heart Health Month
Macular Degeneration/Low Vision Awareness Month
Kids Ears, Nose, & Throat Health Month
Duchenne Muscular Dystrophy Awareness Week, Feb. 13-19
National Eating Disorders Awareness Week, Feb. 27 – March 5
National Donor Day, Feb. 14th
National Women's Heart Day, Feb. 18th
Happy Valentine’s Day!!
** P L E A S E N O T E **
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FEDERAL/NATIONAL
Social Security Debate and PWD - Information Bulletin # 77 (1/05)
-From Atty. Steve Gold
As the Administration begins to push private accounts for Social Security, persons with disabilities have been virtually absent from the public discourse. The disability community should be asking their elected federal representatives some critical questions regarding the program.
Here is some background and some possible questions.
1. Social Security is a publicly federally administered Insurance Program, not a private individual Retirement program. The money taken out of our wages is (supposed to be) put in a Reserve Fund to fund future payments based on risk of death and disability, as well as retirement. The push for Private Accounts does NOT take into account the Insurance aspect of the program.
2. About 47 million persons receive monthly payments from three components of what the general public refer to as "Social Security." These three are Social Security Disability Insurance, Social Security Retirement Insurance, and Social Security Survivors Insurance. I believe that the payments from the Reserve Fund are not earmarked to any one of the three programs but are intermingled.
What will happen to SS Disability Insurance and SS Survivors Insurance when the SS Retirement Insurance funds decrease as persons pull their payments out of the Reserve Fund and put their money into private accounts?
3. For nearly 7 million people, these payments are their entire monthly income. Nearly half of these 7 million would be below the poverty line if they did not receive their monthly payments.
4. Let's now focus on only persons with disabilities:
A. About 5 million persons receive ONLY Social Security Disability Insurance. These are persons who worked sufficiently long to pay into the Reserve Fund and to receive these benefits when they became disabled. By definition, they are under 65 years of age and have not been converted to Social Security Retirement Insurance.
B. There are another 5 million persons who receive ONLY the federally funded Supplemental Security Income (SSI) benefits because they are either blind or disabled persons. These persons can have the exact same disability as persons who receive SSDI, but they have not worked long enough to have paid enough into the Reserve Fund to qualify for SSDI.
How the SSI program will be impacted and affected by current SSDI proposals has not been addressed or answered. For the disability community, this is critical. Why would the federal government continue to fund SSI isolated from the normal growth of SSDI? Does the disability community want the SSI program to look more like an "entitlement" program or be exposed to the political process without a full SSDI program?
C. There are more than another million persons (between 18 and 65) who receive BOTH SSI and SSDI - the "Dual Eligibles." How will these persons be impacted or affected? Will a persons' SSDI monthly payment be made dependent on stock market returns? Does anyone think Congress will permit SSI to increase to make up the loss of the SSDI investment?
D. What about Medicare and Medicaid? How will these be funded under a Social Security system with private accounts? Now, persons on either SSI or dual SSI/SSDI receive Medicaid directly from their State Medicaid Program. Federal Medicare payments are supplemented by individuals. Who really thinks their State will pick up the difference?
E. There is also the third part of the Social Security program -- Social Security Survivors Insurance benefits. Many persons with disabilities who were born with their disability currently receive monthly checks based on the earnings of their parent’s payments into the Social Security reserve fund.
What will happen to disabled persons who currently receive Survivors benefits if the market takes a dip?
Marty Ford presented terrific testimony before Congress' Social Security Task Force. She and they requested a "Beneficiary Impact Statement" regarding how the various Social Security proposals will affect persons with disabilities.
What an idea? No change without analysis. Know the facts BEFORE one makes changes and even discuss those facts as part of the dialogue. Ask your Congressional representatives to support a Beneficiary Impact Statement.
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
Medicaid May Face Big Cuts in 2005
-Bob Kafka of ADAPT shares the following news story from the Scripps Howard News Service (edited)
If President Bush and Congress want to cut the federal deficit starting next year, as they say they do, then Medicaid has become a choice place to look.
Medicaid, the nation's largest health care program for the poor, disabled and nursing home residents, appears headed for the chopping block in 2005.
Strengthened by the election, the Republican majority on Capitol Hill looks ready to join President Bush in putting a lid on federal Medicaid spending, according to members of Congress and state officials.
Many congressional Republicans want to get to a balanced federal budget even faster than Bush, who has promised to cut the deficit in half over the next five years.
Congress will have many high-ticket items on its agenda next year. Bush has called for a reform of the tax code that almost certainly would result in lost revenue. Bush wants to overhaul Social Security, a process that could force the federal government to borrow an estimated $2 trillion to fill the gap between lost tax revenue and the benefits promised taxpayers 55 and older.
While the president ruled out tax increases to finance any Social Security changes, aides say his views on Medicaid will be contained in the budget he unveils in February.
Medicaid is regarded as a likely target for reductions at the federal level because it is now the largest government health care program, costing federal and state governments about $300 billion a year, more than Medicare. Medicaid pays about 17 percent of U.S. spending on hospital care, according to the Centers for Medicare and Medicaid Services.
The federal government matches state spending for the services Medicaid covers, with the federal matching rate ranging from 50 percent to 77 percent of benefit costs.
(Distributed by Scripps Howard News Service.)
Organizations Urge Bush Not to Cut or Cap Medicaid
-From an email by Lena O'Rourke of Families USA
On January 12, 2005, we sent a letter to President Bush urging him not to cut or cap the Medicaid program. Here’s the really big news: 240 national organizations and 775 state and local organizations, representing all 50 states and the District of Columbia, joined Families USA in signing this letter! That’s more than 1,000 signatures. This shows a tremendous amount of support for Medicaid from a wide range of provider, beneficiary, and consumer organizations.
To read the letter to President Bush, visit: http://www.familiesusa.org/site/DocServer/Medicad_Signon_Letter_Bush_1_12_05.pdf?docID=6101&JServSessionIdr012=whnx4y7co1.app25a
It's increasingly clear that Medicaid advocates will face quite a challenge in the coming weeks. But our community of advocates is clearly ready to meet that challenge--and we can prevail. We encourage you to use this letter over the next few weeks with your congressional delegation and with your governor to make the vital point that Medicaid should NOT be cut or capped in the upcoming budget battle.
Visit our Medicaid Action Center for more information on the upcoming budget battle: http://www.familiesusa.org/medicaidaction
Here are other ways you can take action:
* To write your own letter to the President and your members of Congress, visit: https://secure2.convio.net/fusa/site/Advocacy?pagename=homepage&page=SplashPage&id=134&JServSessionIdr012=x64cgr7ea1.app23a.
Use the language provided on the page as a template. Make it real and personal--show why Medicaid is important to YOU.
* Build relationships with other key health advocacy groups to leverage expertise and resources, including "strange bedfellows" and other non-traditional partners.
* Use our Medicaid Action Center as a resource for updates and state-specific Medicaid data.
* Educate reporters about the brewing Medicaid battle and how much your state stands to lose.
* Read our Dare to Get Involved checklist for minority health advocacy and adapt it to your own Medicaid advocacy needs and goals:
http://www.familiesusa.org/site/PageServer?pagename=Minority_Health_Action_checklist&JServSessionIdr012=zlsyw37et1.app24a
* Write op-eds and letters to the editor.
Thank you for all the hard work you do!
Lena
Medicare Hotline Problems
A recent report issued by the U.S. General Accounting Office (GAO) says serious problems exist at the 1-800-MEDICARE hotline established to help answer beneficiaries' questions about Medicare. GAO’s investigation – which was mandated by the Medicare law – involved placing 420 calls to the hotline, asking questions related to the drug card program, supplemental Medigap policies and coverage issues. According to GAO, callers received inaccurate answers about 29% of the time. Regarding the low-income subsidy, operators answered incorrectly 55 times out of 70. In addition, GAO investigators found that they were unable to obtain any answers to questions 10% of the time because they were transferred to other Medicare contractors that were closed, or because calls were inadvertently disconnected. The report, GAO-15-130, is available at: http://www.gao.gov/new.items/d05130.pdf
NOTICE Regarding the Medicare
Prescription Drug Improvements and Modernization Act of 2003 (MMA)
The Centers for Medicare and Medicaid Services (CMS) issued final regulations to implement the Medicare Prescription Drug Improvements and Modernization Act of 2003 (MMA). The regulations, fact sheets on specific issues and other background papers can be accessed at http://www.cms.hhs.gov/medicarereform/pdbma/general.asp
Bush Plans Sharp Cuts in HUD Funds
-Adapted from a Washington Post article that appeared January 14, 2005
The White House will seek to drastically shrink the Department of Housing and Urban Development's $8 billion community branch, purging dozens of economic development projects, scrapping a rural housing program and folding high-profile anti-poverty efforts into the Labor and Commerce departments, administration officials have announced.
"I'm always willing to look at consolidation, but clearly they're using consolidation as a shield for substantial budget reductions," said Rep. Barney Frank (Mass.), the ranking Democrat on the Financial Services Committee, which has jurisdiction over housing and community development programs. The plan was detailed in a December memo from the White House Office of Management and Budget to HUD.
Congressional housing aides say the $4.7 billion Community Development Block Grant (CDBG) program -- the bulk of the community planning budget -- could be cut as much as 50 percent. Under the plan, the CDBG program -- which provides multipurpose development grants to state and local governments -- would be sent to the Commerce Department. The budget would eliminate $260 million in economic development projects earmarked for this year by lawmakers. HUD could ultimately lose a quarter of its $31 billion budget.
The proposal could face an uphill fight in Congress, said Frank, who called the proposal "just appalling."
NAD Opposes Continued Waiver for Three-Way Calling
-Press release by the National Association of the Deaf
The U.S. Federal Communications Commission (FCC) asked for comments on whether or not they should continue to allow Relay providers to NOT provide three-way calling. Three-way calling is when three people talk on the phone at the same time. Hearing people have been able to do that for a long time. The FCC has said in the past that relay services do not have to provide this service. The FCC now asked whether this should be changed.
The National Association of the Deaf (NAD) filed comments saying that this should be changed. The rules requiring relay services to provide three-way calling services should not be waived. Deaf and hard of hearing callers should be able to participate in three-way or conference calling.
WISCONSIN
Fiscal Bureau Releases Overview Of Major State Agency Budget Requests
The Wisconsin Legislative Fiscal Bureau (LFB) released its summary of major budget requests by agencies. It includes budget requests submitted as of Dec. 8 and is generally limited to those items that either have a fiscal effect over $250,000 or “represent a significant policy change." At the end of each agency’s major requests, the LFB document also includes their response to the governor’s request for proposals to cut 10% from state operations administrative appropriations. You can find the LFB summary on their website at: http://www.legis.state.wi.us/lfb/LFBPublications_ButtonPages/Publications_Main.htm
Wisconsin Front Door
-Press release from Tony Hozeny, Department of Commerce, 608-267-9661
Low- and moderate-income persons looking for affordable housing can access thousands of free listings at ww.wifrontdoorhousing.org. Housing providers can list their available units for free on this site.
The WIFrontDoor Housing website provides a statewide directory of affordable public and private housing units available for low- to moderate-income households. These individuals can quickly access the database and choose housing units that best meet their needs. Housing providers can quickly and efficiently list affordable housing units, post vacancies and remove leased units. They can list property amenities, post photographs, rental agreements and much more. The site was developed by the Bureau of Housing with generous financial support from the U.S. Dept of Housing & Urban Development and the Wisconsin Housing and Economic Development Authority.
Other States
$275,000 Settlement for Building Housing Inaccessible To Persons Who Use Wheelchairs
-Press release from the South Suburban Housing Center, Illinois
A Consent Order was entered January 7, 2005, in Federal Court, resolving claims against two of the five main builders sued for designing and building rental housing in the Northfield Meadows subdivision of Bradley, IL, that is inaccessible for persons with disabilities who use wheelchairs, in violation of the Federal Fair Housing Act.
In settlement of the complaint brought by two local disability and housing advocacy organizations, the defendants have agreed to pay the equivalent of $275,000 to retrofit nine existing apartment buildings, redesign all future buildings planned for construction and to satisfy damage claims from the two plaintiff organizations. Accessible housing violation claims are still pending against three other builders in the subdivision, as well as two architects who allegedly designed many of the inaccessible buildings.
For additional information contact Kathy Jackson, Options CIL Executive Director at (815) 936-0100 or John Petruszak, SSHC Executive Director, at (708) 957-4674.
LOCAL
Mental Health Task Force Urges City of Milwaukee to Implement CIT Officer Training
In response to concerns over police shootings of persons with mental illness, as well as confrontations resulting in increasing numbers of persons with mental illness being taken into custody, several people from the Mental Health Task Force met with Milwaukee Mayor Barrett and Milwaukee Police Chief Hegarty on the topic of police training. The Milwaukee Police Department (MPD) has agreed to provide 4 hours of basic training on interacting with people with mental illness to 1800 officers. The Task Force wants MPD to also adopt a more intensive Crisis Intervention Team (CIT) - type initiative as is used in Memphis, Tennessee.
The Memphis Crisis Intervention Team (CIT) program is a community partnership working with mental health consumers and family members. Officers are provided with the best quality training available, they are part of a specialized team which responds to a crisis at any time and they work with the community to resolve each situation in a manner that shows concern for the citizen’s well being.
Crisis Intervention Teams:
*Have the potential for saving lives and reducing injury, not just to people with mental illness but also to police personnel
*Would reduce stress on officers
*Have the potential to reduce officer time spent processing emergency detentions, arrests and court appearances
*Can result in people with mental illness getting connected to needed supportive services
More info on CIT can be found at: http://www.memphispolice.org/communit.htm#crisis%20intervention%20team%20%20
During the meeting with MPD, Task Force members felt that they made some progress toward obtaining a commitment from MPD to initiate a CIT training program. Chief Hegarty said she has been briefed on CIT in depth, and has heard about the success of the model from other urban police chiefs at national conferences she attends. She outlined several internal issues she needs to explore further, including budgetary, liability, and union concerns.
Please send letters with YOUR opinion on this issue to:
Mayor Tom Barrett,
City Hall Room 201,
200 E. Wells Street,
Milwaukee, WI 53202
Nannette H. Hegerty, Chief of Police,
Milwaukee Police Department,
749 West State Street,
Milwaukee, WI 53233
ADA
NOTICE Nondiscrimination on the Basis of Disability in State and Local Government Services; Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities
-Press Release from the U.S. DEPARTMENT OF JUSTICE, Civil Rights Division
On September 30, 2004, the Department of Justice published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register, 69 FR 58768, in order to begin the process of adopting Parts I and III of the revised guidelines implementing the Americans with Disabilities Act of 1990 (ADA) and the Architectural Barriers Act of 1968 (ABA), published by the Architectural and Transportation Barriers Compliance Board (Access Board) on July 23, 2004, at 69 FR 44083. The comment period is scheduled to close on January 28, 2005. The Department of Justice is extending the comment period until May 31, 2005, in order to provide additional time for the public to prepare comments.
Submit electronic comments and other data to www.adaanprm.org or ww.regulations.gov. Address all written comments concerning the ANPRM to P.O. Box 1032, Merrifield, VA 22116-1032.
FOR FURTHER INFORMATION CONTACT: Anne Beckman or Kate Nicholson, Attorneys, Disability Rights Section, Civil Rights Division, U.S. Department of Justice, at (202) 307-0663 (voice or TTY). This is not a toll-free number. Information may also be obtained from the Department’s toll-free ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TTY).
ADA Case to be Heard By Supreme Court
On February 28, the Supreme Court will hear oral arguments in Spector v. Norwegian Cruise Line, a case concerning the application of the Americans with Disabilities Act (ADA) to foreign cruise vessels sailing in U.S. waters. The plaintiffs in the case are people with disabilities and their companions who took cruises on Norwegian Cruise Line (NCL) ships sailing under the Bahamian flag. The cruises originated in the Port of Houston, Texas and traveled to foreign ports of call. Afterwards, the plaintiffs sued NCL, asserting that they were discriminated against in violation of Title III of the Americans with Disabilities Act (ADA). They alleged that physical barriers on the ships denied them access to various equipment, programs, and facilities and sought injunctive relief requiring NCL to remove certain barriers. The district court ruled that foreign-flagged cruise ships are subject to Title III of the ADA. The Fifth Circuit Court of Appeals reversed that decision saying that it found no indication, either in the statutory text or in the ADA's extensive legislative history, that Congress specifically intended Title III to apply to foreign-flagged cruise ships. The ARC and United Cerebral Palsy both signed on to Amicus Briefs in support of the plaintiffs.
INTERNET
New Website Devoted to Medicare Wheelchair Benefit
-From the United Spinal Association
United Spinal Association, a national disability rights organization, announced the creation of a new website dedicated to reversing Medicare's in-the-home policy, which restricts beneficiary access to needed wheelchairs and scooters.
Rightwheelchair.org, a joint project of United Spinal Association, ITEM Coalition and the Clinician Task Force, will serve as a vehicle for inspiring grassroots activities and as a clearinghouse for information regarding Medicare's unfair coverage and administrative policies relating to mobility devices.
"The 'in-the-home' restriction severely impedes the health and independence of United Spinal's members and all individuals with disabilities, as it confines people to the four walls of their homes and does not take into account the need for people to access their physician's office, pharmacy, grocery store, bank or place of worship," said Kim Ruff-Wilbert, policy analyst for United Spinal Association. "It is our goal that through this website and the sharing of information, we can change this restrictive policy."
"We are pushing hard for CMS to finally address the 'in-the-home' restriction," stated Ruff-Wilbert. "In the meantime, we will continue our fight to preserve beneficiaries' access to their wheelchairs and encourage those affected by this policy to visit http://Rightwheelchair.org to learn how they can help in this battle for independence."
New Telecommunications Advocacy Page
-From the National Association for the Deaf (NAD)
New on the NAD Web site is the telecommunications Advocacy pages located at: http://www.nad.org/telecomm This section explains telecommunications relay services (TRS) and other communications issues of importance to deaf and hard of hearing Americans.
Deaflympics Medal Tally Website
-From WADNet Post, Wisconsin Association of the Deaf
Here is a website where you can look at the Deaflympics medal tally. The United States is the third country listed. It is awesome to see how many countries participated though several did not medal. Click on "United States of America" and you can read the list of medals won by various sports under the United States. Our USA women's basketball and soccer teams both won first place and earned a gold medal! http://www.sportingpulse.com.au/medal.cgi?mt=1&pID=8
Final Report Of The Governor’s Task Force On Autism Available
The final report of the Governor’s Task Force on Autism, including an appendix with a summary of public comments, is now available on the Department of Health and Human Services website: http://www.dhfs.state.wi.us/bdds/autism/index.htm?ref=hp
EVENTS/ANNOUNCEMENTS
SAMHSA Announces New Suicide Hotline
The U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration (SAMHSA) announced the launch of the National Suicide Prevention Lifeline 1-800-273-TALK. The national hotline is part of the National Suicide Prevention Initiative (NSPI)—a collaborative effort led by SAMHSA that incorporates the best practices and research findings in suicide prevention and intervention with the goal of reducing the incidence of suicide nationwide. In addition to the national hotline, a new website is being launched www.suicidepreventionlifeline.org
In the United States, suicide currently is the 11th leading cause of death among all age groups, accounting for approximately 30,000 deaths annually. More than 100 crisis centers in 39 states currently participate in the National Suicide Prevention Lifeline.
Callers to the hotline will receive suicide prevention counseling from trained staff at the closest certified crisis center in the network. A nationwide public education campaign to raise awareness about suicide and the national hotline is under development.
Save The Date!
The date for the People Can’t Wait spring budget rally has been set. It will be Wednesday, May 11, 2005. The location will again be the rotunda of the State Capitol in Madison. Make plans now to attend this event. This rally will be a combined rally. The disability community will be working with the elderly community and SmokeFree Wisconsin. A major issue to be addressed at the rally will be Medicaid. More information will be announced as details are developed.
VSA Arts Invites Entries for Playwright Discovery Awards
VSA Arts, an international nonprofit organization dedicated to the participation of people with disabilities in the arts and society, has announced its 2005 Playwright Discovery Award call for one-act plays from students.
The Playwright Discovery Award program challenges middle and high school students (grades 6 through 12) of all abilities to take a closer look at the world around them, examine how disability affects their lives and the lives of others, and express their views through the art of writing a one-act play. The award recipients receive scholarship awards and a trip to Washington, D.C., to view the production at the John F. Kennedy Center for the Performing Arts.
Playwright Discovery Teacher Award: The Playwright Discovery Teacher Award recognizes middle and high school teachers who creatively bring disability awareness to the classroom through the art of playwriting. One teacher will be selected to receive funds to purchase playwriting resources and a trip to Washington, D.C., to be honored at the Kennedy Center.
See the VSA Arts Web site for further information and to download guidelines and application forms: http://www.vsarts.org/x244.xml
New Support Group Forming!
If you, or someone you know, experiences reactions to perfumes, fuels, inks, plastics, and other intoxicants in your home, workplace, or other areas, please consider our new support group. The group will offer support, coping skills, educational resources, and an opportunity to learn that you are not alone! The group will be meeting in Waukesha. For more information please contact Ruth at 262-896-9670 (V/Relay).
HEAR NOW
HEAR NOW is a domestic assistance program for people who otherwise wouldn't be able to afford hearing aids. HEAR NOW assists individuals who are residents of the United States and qualify under national poverty guidelines for assistance.
HEAR NOW also accepts donations of old, used and no longer used hearing aids. Donated aids are sold to a repair lab, and money generated through these sales is used to purchase the aids used in the program’s hearing aid assistance program. In 2000, more than 23,000 hearing aids were recycled generating more than $150,000 to fund the program.
HEAR NOW, 6700 Washington Avenue South, Eden Prairie, MN 55344 1-800-648-4327 http://www.sotheworldmayhear.org/forms/hearnow.php
New Book Available – “Roll Models: People Who Live Successfully Following Spinal Cord Injury and How They Do It”
This new book, written by Richard Holicky, M.A., examines the question of why some spinal cord injury survivors succeed after injury and others spiral into inactivity and depression. Mr. Holicky, a SCI survivor himself, interviewed 53 people from across the country ranging in age from 21 to 67, disabled from 3 to 48 years, in a variety of living situations. Mr. Holicky found common threads in what has led to their own high levels of success and life satisfaction.
This book is available on loan from the Wisconsin Paralyzed Veteran’s Association. It is being sold "on-demand" by the Trafford Publishing Company for $21.95 plus shipping and handling. If you want to take a look at the book, call 414-328-8910 or email donfell@wisconsinpva.org.
Advocacy Action News is published by IndependenceFirst on or about the 1st of each month. Submissions of articles are due by the 15th of each month prior to publication. For consideration, send your articles or announcements to Karen Avery, via e-mail to kavery@independencefirst.org.