Print Friendly VersionJune 2005, Issue 90
ADVOCACY ACTION NEWS
June 2005, Issue #90
♦National Scleroderma Awareness Month
♦National Aphasia Awareness Month
♦ Myasthenia Gravis Awareness Month
♦Dystonia Awareness Week, June 4th - 11th
♦ National Men's Health Week, June 13th - 19th
♦Helen Keller Deaf - Blind Awareness Week, June 26th - July 2nd
♦National Cancer Survivors Day, June 5th
♦ National HIV Testing Day, June 27th
Monthly News Bulletin Published by IndependenceFirst
FEDERAL/NATIONAL
WISCONSIN
LOCAL
RESOURCES ON THE INTERNET
EVENTS/ANNOUNCEMENTS
SPOTLIGHT: ADVOCACY LEADERSHIP
Justin Dart: The Godfather of the ADA
By Alie Kriofske, IndependenceFirst Legislative Advocate
Justin Dart was often called the “godfather” of the American with Disabilities Act (ADA). His response: “I’m not the godfather or the father of the ADA.” He said that the ADA had many fathers, mothers, sisters and brothers who also worked tirelessly on its passage. But none so tirelessly as Justin. He was a man who spent his money, his time, and his life working for disability rights. He was a man who was more than happy to share his successes with the other people who worked with him to ensure the rights for people with disabilities.
Justin was born into power, privilege, and a very difficult family life. He established himself as a self-described “hostile super loser”. He was diagnosed with Polio when he was eight years old and began to feel “the joy of life” for the first time in the kind and patient treatment of his doctors and nurses. After this life changing experience, Justin went to school for Political Science after being denied entry to the education program because of his wheelchair. He became a businessman after graduation and began to provide work for both women and people with disabilities.
After an eye-opening trip to Japan, witnessing the harsh realities of institutional living for the people with disabilities there, Justin returned home to the states with a wife-Yoshiko-the love of his life. Together they worked and traveled, always on their own money, for the purposes of disability rights. Justin was a strong advocate, co-founding an independent living center in Texas, writing a philosophical document on independent living and becoming vice chair of the National Council on Disability through an appointment by President Ronald Reagan.
Justin and Yoshiko held public forums all over the U.S. on disability rights, spreading the message across the nation. Justin worked on Bill Clinton’s campaign, founded a disability rights group, and lobbied for universal health care. In 1990, he helped pass the Americans with Disabilities Act (ADA) into law and even signed the document alongside President George Bush.
Justin Dart was an inspiration to so many in the struggle for disability rights. He passed away in June of 2002 with his wife by his side. In his last days he completed a manifesto for disability rights and beseeched the rest of the people working in the movement to continue it. “Thanks to you I die in the beautiful belief that the revolution will go on. I love you so much. I’m with you always. Lead on! Lead on!”
Justin Dart’s full story and obituary written by Fred Fay and Fred Pelka, at Justin Dart's request, can be found at www.namiscc.org/Experiences/2002/JustinDart.htm <http://www.namiscc.org/Experiences/2002/JustinDart.htm>
FEDERAL/NATIONAL
MEDICARE IMPROVES ACCESS TO POWER WHEELCHAIRS AND SCOOTERS
From the CMS Office of External Affairs
The Centers for Medicare & Medicaid Services (CMS) announced new national coverage criteria for mobility assistive equipment (MAE) including power wheelchairs and scooters. The new criteria, which are effective immediately, adopt a function-based determination of medical necessity. This determination looks at the ability of the beneficiary to safely accomplish mobility-related activities of daily living, such as toileting, grooming, and eating, with and without the use of mobility equipment such as a wheelchair. The national coverage determination (NCD) addresses the full range of MAE from simple canes and walkers to sophisticated power wheelchairs.
Note: More information about these developments can be found at the following website: www.cms.hhs.gov/coverage <file:///\\www.cms.hhs.gov\coverage> under mobility assistive equipment (MAE).
From the Justice for All Listserv re the CMS Notice (edited):
The Centers for Medicare and Medicaid Services (CMS) released new Medicare coverage criteria for wheelchairs and other mobility devices. Unfortunately, these new criteria fail to modify or repeal the in-the-home restriction.
Medicare’s in the home restriction limits coverage of mobility devices to only those that are considered necessary within the patient’s home. A beneficiary, who may not need a mobility device to fully function at home but needs such a device to access his or her community, work, school, physician’s office, pharmacy, or place of worship, would not be eligible for a wheelchair under this restriction.
Currently, a bi-partisan “Dear Colleague” letter is being circulated in the House of Representatives by Congressmen Jim Langevin (D-RI) and Charlie Bass (R-NH). The letter asks Members to sign onto a letter to Health and Human Services Secretary Michael Leavitt, requesting modification of the in-the-home restriction to improve access to the community for people with disabilities.
Please call the Capitol switchboard at (202) 225-3121 (V/Relay) and ask to be connected to your Representatives office. Then, ask to speak to the Health Legislative Assistant and request that the Member sign onto the Bass/Langevin In-The-Home Letter. Let them know that the in-the-home restriction confines people with disabilities to the four walls of their home, preventing them from accessing their community and living their lives as independently as possible. Or, you can contact your lawmakers via the web at www.rightwheelchair.org. Simply type in your zipcode, edit the drafted letter in anyway you wish, and send the email.
Please contact Emily Niederman at the ITEM Coalition (202) 349-4260 (V/Relay) or Kim Ruff-Wilbert at United Spinal Association (202) 331-1002 (V/Relay), with any questions.
NAD FILES COMPLAINT FOR REFUSAL TO PROVIDE QUALIFIED INTERPRETER From James Powell, WADNet Post Editor & WADNet Listserv Administrator, Wisconsin Association of the Deaf (edited)
The National Association of the Deaf (NAD), has filed a disability discrimination complaint against a New Mexico attorney, claiming that the attorney refused to provide qualified interpreter services as required under Title III of the Americans with Disabilities Act (ADA).
A Deaf woman retained the attorney to represent her in a complaint she filed against a New Mexico hospital. In that complaint, the woman alleged that the hospital failed to provide qualified interpreter services in violation of the ADA. The woman found herself having to repeatedly request that the attorney provide qualified interpreter services to communicate effectively with her. In fact, the woman states that he denied her requests and instead, thought it was appropriate to suggest that her 9-year-old son act as an "interpreter." When the woman refused to have her son act as an interpreter, the attorney withdrew his services.
Kelby Brick, NAD Director of Law and Advocacy commented, "It is unbelievable that an attorney suing a hospital for failing to provide sign language interpreter services refuses to provide the same services to his own client."
More information about the obligations of attorneys to provide sign language interpreter services and other reasonable accommodations can be found at <www.nad.org/legalservices>.
QUOTE OF THE MONTH
"I have never done a successful thing without the help of beautiful, strong, loving people like you who empowered me directly, or by inspiration - hundreds of them." - Justin Dart
WISCONSIN
STATE LEGISLATIVE ACTIVITIES
By Karen Avery, Associate Director, IndependenceFirst
There are many issues related to persons with disabilities that are being debated and decided in our state legislature right now. In addition to the current effort to pass a budget for this next biennium (2005-2007), there are several bills pending that address other issues related specifically to persons with disabilities as well.
2005-2007 Budget
Our state government is facing huge challenges in developing a budget that both the Governor and the Legislature can agree on. State-funded services to persons with disabilities are at risk as our state politicians debate how to meet the growing costs of these services. The Governor prepared a budget and presented it to the Legislature. In his budget, as presented, persons with disabilities fared pretty well, with regard to services. However, there is a lot of concern as to how he achieved this - for example, some say he used funds that he shouldn’t have because they’re reserved for other uses. So the Legislature is now reviewing and changing the proposed budget. Almost every week we hear of new changes, so it is difficult to give a current report. There are a couple of different ways you can keep abreast of the proposed changes. You may want to let your elected officials know what you think about their ideas:
1. Visit www.legis.state.wi.us/../lfb/jfc.html, where you can obtain copies of papers written by the Joint Finance Committee and review meeting minutes.
2. The DAWN website has good information as well as many other good resources for advocates interested in disability issues:
www.dawninfo.org./advocacy/budget.cfm
SMART GROWTH/HOUSING
The Joint Finance Committee recently voted to abolish the Smart Growth program, which requires counties and local governments to adopt comprehensive long-range land use and development plans by 2010. Smart Growth legislation includes a requirement that communities develop a housing plan to meet the needs of the community. Affordable housing advocates see the legislation as a tool to require municipalities to identify and plan for the needs of people who are low-income as well as persons who need accessible housing.
The vote added repeal of that law to the 2005-'07 state budget. For it to become law, the move will have to be approved by the Governor and the full Legislature.
MEDICAID REFORM
Also, the State Assembly formed a committee to review Medicaid and identify ways to improve it and reduce costs. The Medicaid Reform Committee is chaired by Rep. Curt Gielow. A copy of the committee’s May 9th recommendations to the Joint Finance Committee is available at:
www.thewheelerreport.com/releases/May05/May9/0509gielowjfcmedicaid.pdf <http://www.thewheelerreport.com/releases/May05/May9/0509gielowjfcmedicaid.pdf>.
Other State Legislative Activities
We encourage you to make sure you let your elected officials know how you feel about legislation that affects you!
EMPLOYMENT DISCRIMINATION
AB-406 and SB-195 would allow the Department of Workforce Development to award compensatory and/or punitive damages to persons who have been discriminated against in employment, including persons with disabilities.
CAPS ON LIABILITY CLAIMS
LRB-0554/1 - Senator Ron Brown and Representative Kitty Rhoades are looking at introducing a bill that would cap the amount of damages a person receiving services from a home health care provider or nursing home could receive in a liability claim case.
MENTAL HEALTH SERVICES
AB-252 would more than double the minimum amount of coverage that group health insurance plans must provide for mental health and substance abuse treatment.
TREATMENT INSTEAD OF PRISON
SB-142 would require the Department of Health & Family Services to make grants to provide assessments of, and treatment for, alcohol and other drug abuse as an alternative to incarceration. Persons charged with or convicted of a violent offense are excluded.
LICENSE PLATES
AB-112 directs the Department of Transportation to redesign and reissue special license plates for veterans with disabilities every seven years.
MEDICAID TRANSPORTATION
AB-122 would allow Medicaid to reimburse transportation providers that transport ambulatory riders in vehicles unequipped to accommodate wheelchairs. Specifies the number of wheelchair accessible vehicles required of transportation services.
PROPERTY TAX EXEMPTION FOR VETS WITH DISABILITIES
Two different bills, AB-163 and AB-242, would create a property tax exemption for property owned by a veteran with a disability.
CLEARINGHOUSE
AB-308 would establish a clearinghouse for information about special education transition services and vocational opportunities that are available in each county.
SERVICE ANIMALS
AB-353 and SB-181 would prohibit harassment, injury or theft of service dogs.
SB-157 would update the state’s law regulating service animals to conform with the
requirements of the Americans with Disabilities Act.
NURSING HOME TRANSITION
SB-54 and AB-124 would remove the requirement that a nursing home bed be closed before using CIP II funding to help an elder or a person with a physical disability relocate into the community.
“WRONGFUL” LIFE OR DEATH
SB-71 would prohibit recovery of damages in “wrongful birth” and “wrongful life” actions relating to children born with a disability.
INCOME TAX DONATIONS
SB-167 would create an individual income tax check-off for multiple sclerosis programs.
TABOR
LRB-0467/4 would amend the state constitution to cap taxing and spending based on a formula, which cannot be exceeded unless a majority of Wisconsin voters approve a referendum. Often referred to as the “Taxpayers Bill of Rights” or TABOR.
WEBSITE HELPS WISCONSIN RESIDENTS SEARCH FOR LONG TERM CARE SERVICES
The Bureau of Quality Assurance, a division of the WI Dept of Health & Family Services, has developed a web resource for persons searching for long term care services. You can research options in:
· Assistance with care in your home - Home Health or Hospice Agencies
· Alternatives to living in your current home - Nursing Homes, Facilities Serving People with Developmental Disabilities, Assisted Living, Adult Family Homes
Materials for each county include Directories, Provider Quality Profiles, State contacts for questions, & County-specific links. See:
<http://dhfs.wisconsin.gov/bqaconsumer/ResidOpts/seek.htm>
LOCAL
MILWAUKEE COUNTY FACES BUDGET CHALLENGES
By Karen Avery, Associate Director, IndependenceFirst
In a presentation given at Goodwill in May, Milwaukee County Executive Scott Walker described the challenges facing the County in putting together the 2006 budget. As things stand right now, the County is looking at approximately a $60 million hole in the budget. The County Executive and County Board of Supervisors face difficult choices deciding how to address the shortage.
Although Walker is committed to his promise not to raise property taxes, he also pointed out that even if he was willing to raise taxes, this would only bring in about $20M due to current laws that limit how much property taxes can be raised by counties.
Because many people with disabilities rely on County-funded services, it is important to pay attention to what choices are being made. As of June, all County departments will have submitted their proposed 2006 department budgets to the County Executive. Walker will then need to put together his proposed budget to submit to the Milwaukee County Board of Supervisors. There will be public hearings and other opportunities for input by residents. We encourage you to let your voice be heard!! More info can be obtained at: www.milwaukeecounty.org
RESOURCES ON THE INTERNET
ADVOCACY.ORG
Advocacy.org is the internet home of the Advocacy Institute. Over the past 20 years, the Advocacy Institute has convened intensive capacity-building workshops and seminars that aim to strengthen social movements from within. You can subscribe to their e-newsletter by entering your email address in the “Subscribe to Advocacy.org” box on the website. Each issue contains:
· Advocacy concepts and tools - material previously only available through the programs of the Advocacy Institute
· Stories collected from advocates that illustrate how to put these concepts or tools into practical use
· Requests for readers to share their own experiences or questions
WWW.GOVTRACK.US <http://www.govtrack.us>
This site allows you to track activities on specific federal legislation, general keywords/issues, and/or your federal legislators.
ELECTRONIC EMERGENCY ALERTS
The mission of the National Emergency Email Network is to "Provide notification to citizens of local, regional, national and international emergencies utilizing the Internet and electronic mail (email) in a secure and expedient manner." Get notified of emergencies, breaking weather and Homeland Security Alerts by email, cell phone, or pager from your local, regional and national government sources. To sign up for this FREE service, go to: www.emergencyemail.org
EVENTS/ANNOUNCEMENTS
AMERICORPS - From the Wisconsin National & Community Service Board
· AmeriCorps gives citizens the opportunity to engage in full-time, part-time, or
minimum-time service to their community.
· The minimum age to apply for AmeriCorps is 17 years old.
· Most AmeriCorps members receive a small living allowance during their term of service.
· After completing a term of service, AmeriCorps members receive an education award to help pay for college or job training.
· AmeriCorps Program Directors will receive training on disability awareness and have access to funds for reasonable accommodations and assistive technology.
· Samples of AmeriCorps Service Activities:
-After-School Programs
-Housing Rehabilitation
-Crisis Intervention
-Land Conservation
-Disaster Preparedness
-Tutoring and Child Literacy
-Environmental Education
-Mentoring
-Food Distribution and Collection
For more information about AmeriCorps, please refer to the following websites:
www.americorps.org
www.servewisconsin.org
www.serviceandinclusion.org
Or contact: Mandy Herrick, Disabilities Program Officer, Wisconsin National & Community Service Board
Phone: 608.267.0772 (V/Relay)
Email: herrimj@dhfs.state.wi.us
ATTENTION: Do you use or have you used personal assistance services (PAS) in the workplace?
Would you be willing to talk about your experience in obtaining, using and maintaining PAS? If so, please call: 1-800-232-9675 (V/Relay) Monday through Friday, between 9:00 am and 4:00 pm Eastern Time and ask to speak with a PAS representative. The representative will schedule an interview at a time convenient for you.
These interviews are being conducted by the International Center for Disability Information (ICDI), Morgantown, West Virginia in collaboration with the Center for Personal Assistance Services at the University of California, San Francisco, InfoUse and West Virginia University’s Job Accommodation Network (JAN). This research is funded by the by the National Institute on Disability and Rehabilitation Research Grant No. H133B031102.
DONATED DENTAL SERVICES - From the office of Peggy West, Milwaukee County Supervisor
DDS is a program directed at those people who are unable to afford needed dental care because of a limited income which is clearly linked to a permanent disability, chronic illness or advanced age (65 or over). All the information pertaining to the applicant's need is based on a completed application and a phone interview done by the referral coordinator. Dentists have agreed to volunteer their services to 1-2 patients a year.
Each volunteer dentist decides for him/herself whether to formally accept a person based on meeting the person and assessing his or her dental needs. The referral coordinator is available to help the volunteers with such matters as a referral to a specialist, and securing donated laboratory services should a patient need services with lab related needs.
479 members of the Wisconsin Dental Association (WDA) donated a record $1 million in services to 484 disabled, senior, poor, and uninsured state residents between April 1998 and July 2002 through Donated Dental Services (DDS), a partner program between the WDA and the State of Wisconsin. The program is affiliated with the Wisconsin Dental Foundation.
For an application form visit: www.wda.org/public/community/wi.pdf
Or you can also contact Julie Wilk at 866-812-9840 (V/Relay) or jwilk@wda.org.
FREE LEGAL ASSISTANCE
The Marquette Volunteer Legal Clinic is a joint effort of the Association for Women Lawyers, the House of Peace, and Marquette Law School. It relies on the volunteer efforts of more than 60 students and nearly 30 lawyers. From 4-7pm each Tuesday, volunteer attorneys and Marquette University law students provide free, confidential, walk-in services on legal topics such as landlord-tenant laws, family law, child custody issues, child support, domestic abuse, Social Security, small claims actions, municipal violations, Worker’s Compensation. They do not address criminal matters. The clinic is not designed to establish legal representation extending beyond the time that clients are in the clinic.
The clinic is located at the House of Peace Community Center, 1702 W. Walnut Street in Milwaukee. For more information, or directions, call 414-933-1300 (V/Relay).
LEGISLATIVE BREAKFAST
From People Can’t Wait - Waukesha County
Please join us for a morning of delicious breakfast, stimulating conversation and an opportunity to share with others about issues that affect you or your family member with a disability.
When: Friday, June 17, 2005, 9:30 a.m.-12:00 Noon
Tentative Schedule:
9:30-10:00: Breakfast
10:00-11:00 Interaction with Legislators
11:00-12:00 Tour and hayride
Where: Ranch Community Services, W187 N8661 Maple Rd, Menomonee Falls
RSVP: Donna Somers, 262-251-8670 Ext. 210 (V/Relay)
People Can’t Wait groups are members of the Wisconsin Survival Coalition. The purpose of the Waukesha County People Can’t Wait Coalition is to be a local component of the statewide advocacy movement in which people with disabilities, family members and advocates work together to make a difference. The main focus being that people with disabilities receive the supports they need, live their lives as they wish, and have the opportunity to fully participate in their community.
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.
Advocacy Action News is available by request in alternative formats such as Braille, large print, on disk or audiotape. It is also made available via our website.
You may also receive Advocacy Action News via email instead of print copy. Contact Alie at 414-291-7520 (V/TTY) or akriofske@independencefirst.org .
If you do not have access to the internet, and would like assistance in obtaining any of the internet-based items described in this news bulletin, please contact Alie at 414-291-7520 (V/TTY).
IndependenceFirst
The Resource for People with Disabilities…
600 W. Virginia Street, 4th Floor
Milwaukee, WI 53204
414-291-7520 (V/TTY)
414-291-7525 (FAX)
www.independencefirst.org