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November 2006 Issue 107

ADVOCACY ACTION NEWS
November 2006, Issue 107

Monthly News Bulletin Published by IndependenceFirst

FEDERAL/NATIONAL
WISCONSIN
ADA/FAIR HOUSING
ON THE WEB
ANNOUNCEMENTS

On November 15th between 12-1pm, if you are a citizen of Milwaukee with a disability or other interested citizen, you¡¦re invited to attend a Brown Bag question and answer session with Mayor Barrett at IndependenceFirst¡¦s 6th floor conference room.  (Bring your own lunch).  If you have questions, please contact Carol Voss at 414-291-7520 (V/TTY).

ADAPT Leaves D.C. After Week of Firsts

ADAPT V including numerous Wisconsin members - concluded a successful week in Washington, D.C. in September with visits to legislators that resulted in at least one new House co-sponsor for MiCASSA, the Community Choice Act (H.R. 910, S 401).  This was only one of a number of firsts that occurred during ADAPT's week in D.C. Other firsts included:
▪ National Public Radio coverage of the ADAPT action, which included an interview 
  with Mark McClellan, the head of the Centers for Medicare and Medicaid. McClellan
  credited his work with ADAPT as the reason for Money Follows the
  Person (MFP).
▪ ADAPT targeting the trade associations for the nation's Public Housing Authorities
  (PHAs), demanding, and getting, meetings with both the Public Housing Authorities
  Directors Association (PHADA) and the Council of Large Public Housing Authorities
  (CLPHA.) ADAPT has put the PHAs on notice that they share responsibility with
  HUD for assuring people with disabilities have affordable, accessible, integrated
  housing.
▪ Taking on the Managed Care Organizations (MCOs) that currently oversee acute 
  health services in many states, and which are beginning to take on long-term
  services as well. ADAPT will be meeting with the CEO of America's Health
  Insurance Plans, an MCO trade association, to get a commitment that AHIP
  members won't contract with states to ration long-term services and supports in
  order to balance their budgets.
▪ Garnering support for MiCASSA (H.R. 910, S 401) from the civil rights-oriented
  National Catholic Partnership on Disability (NCPD). After meeting with ADAPT, the
  NCPD wrote and sent a letter supporting passage of MiCASSA to the co-sponsors
  in both the House and Senate.
▪ Getting a commitment from Kim Kendrick, HUD's Assistant Secretary for Fair
  Housing and Equal Opportunity, to make sure her boss, HUD Secretary Alphonso
  Jackson, keeps his promise to contact the PHAs about designating Section 8
  vouchers for Medicaid-eligible people with disabilities who are coming out of
  shelters, nursing homes and other institutions.
▪ ADAPT conducting its first Youth Summit, prior to the ADAPT Action, and having a
  general emphasis on youth throughout the week.
▪ ADAPT faxing a thank-you for passing Money Follows the Person to Republican
  National Committee Chair, Ken Mehlman, while also occupying the GOP offices to
  get a meeting with Mehlman. ADAPT wants Republican support for two additional
  measures that will assist states to successfully implement MFP and then make it
  permanent, namely Access Across America the housing initiative that will assure
  people with disabilities have adequate affordable, accessible, integrated housing
  as they leave nursing homes, shelters, and other institutions; and MiCASSA, the
  Community Choice Act, which would remove the institutional bias from Medicaid,
  and make permanent the choice of persons with disabilities to live in their own
  homes and communities and still have their services and supports paid for by
  Medicaid.   SOURCE: Tobie Tyler, SE WI ADAPT

FEDERAL/NATIONAL

Mental Health Consumer/Survivors Create National Coalition
 
Mental health consumer/survivors have formed a national coalition to ensure that they play a major role in the development and implementation of health and mental health care and social policies at the state and national levels.

The creation of the National Coalition of Mental Health Consumer/Survivor Organizations (NCMHCSO) is a milestone, said the groups Director of Public Policy, Lauren Spiro. The Coalition embraces the disability movement's motto, Nothing about us, without us.  The Coalition will collaborate with other advocacy groups to ensure that consumer rights policies continue to move towards promoting full participation and integration in the community.

The rapidly growing Coalition currently consists of organizations run by consumers representing 28 states and the District of Columbia, including representatives from the three federally funded consumer-run national technical assistance centers: the Consumer Organization and Networking Technical Assistance Center, the National Empowerment Center, and the National Mental Health Consumers Self-Help Clearinghouse.

The Coalition supports the efforts of the federal Substance Abuse and Mental Health Services Administration (SAMHSA) to transform the mental health system to one that is recovery-based and consumer- and family-driven, and supports SAMHSAs consensus statement on recovery www.mentalhealth.samhsa.gov/publications/allpubs/sma05-4129/).

The Coalition proposes a new consensus for the mental health field based on the following principles:

* Recovery is possible for everyone. To recover, we need services and supports
  that treat us with dignity, respect our rights,allow us to make choices, and provide
  assistance with our self-defined needs. This range of services must include
  consumer-run and -operated programs.
* Self Determination: We need to be in control of our own lives.
* Holistic Choices: We need choices, including a range of recovery-oriented
  services and supports that provide assistance with housing, education, and career
  development.
* Voice: We must be centrally involved in any dialogues and decisions affecting us.
* Personhood: We will campaign to eliminate the stigma and discrimination
  associated with mental illnesses.

The Coalition, whose office is in Washington, D.C., received start-up funding from the Washington-based Public Welfare Foundation. For additional information, visit http://www.NCMHCSO.org.

SOURCE
: Justice For All Listserv

CMS Accused of Undermining of Wheelchair Access

Clinicians and advocates representing seniors and people living with disabilities charged the Centers for Medicare & Medicaid Services (CMS) with "dismantling" the Medicare benefit for power mobility equipment by dramatically reducing the reimbursements for power wheelchairs.

CMS's latest action lowered the Medicare reimbursements for power wheelchairs and scooters by 21% to 41% depending on the model of the equipment. Already, many suppliers from around the country say they will stop providing mobility equipment or go out of business because the Medicare reimbursement payments will be too low to cover the cost of acquiring the chair, fitting the patient and servicing the equipment.

It was particularly troubling to the clinicians and consumer groups that CMS' cumulative efforts are undermining access to sophisticated mobility equipment, the power wheelchairs that are used by people with the most severe physical disabilities.

"Because of the recent changes, people with severe disabilities will no longer have access to the wheelchairs they need to address their daily mobility needs," said Barbara Crane, PhD, PT, ATP, and Co-Coordinator of the Clinician Task Force.

"Clinically, it is standard professional practice to address all mobility needs for typical daily activities; essentially, these cuts will sentence people to live their lives in institutions or they will be forced to hire caretakers. The costs of caretakers and institutionalization will ultimately far outdistance the price of a wheelchair."

Restrictive changes in the coding and coverage policies, as well as the price reductions, are due to take effect on November 15.

Henry Claypool, an advocate from the Independence Care System, said: "Our message to Congress and CMS is that seniors and people living with disabilities should have access to medically appropriate wheelchairs. We are spending billions of dollars fighting a war in Iraq in the name of national security, but can't provide vital medical equipment to senior citizens and people living with disabilities? We live in a great nation that must do both: provide for our national defense and guarantee that people with Medicare will have access to essential medical equipment, such as power wheelchairs."
SOURCE: Justice for All Listserv

Medicare and You 2007 Handbook Now Available

The Medicare & You 2007 handbook is now available in English at: http://www.medicare.gov/publications/pubs/pdf/10050.pdf and Spanish:
http://www.medicare.gov/publications/pubs/pdf/10050_S.pdf to help people with Medicare review their coverage options and prepare to enroll in a new plan if they choose. This official government handbook contains information about what¡¦s new, health plans, prescription drug plans, and rights for people with Medicare. You can find 48 geographic-specific versions of the handbook on the website, with drug and health plan comparison charts for particular states or regions.

The Centers for Medicare & Medicaid Services is encouraging people with Medicare to review their current coverage this fall to see if it will meet their needs in 2007.

SOURCE: Justice for All Listserv

WISCONSIN

The Department of Health and Family Services (DHFS) recently unveiled their newly completed internet website so limited income Wisconsin residents can screen, apply for and maintain health & nutrition benefits.  ACCESS is Wisconsin¡¦s free, easy-to-use website that can help you or someone you know:

FIND OUT IF YOU MIGHT BE ELIGIBLE for low- or no-cost health, nutrition and 
other programs, including:

FoodShare (Wisconsin¡¦s version of the federal Food Stamp program)
Medicaid
BadgerCare
SeniorCare and Medicare Part D
WIC
Free/Reduced Price School Meals
The Summer Food Service Program
Food Pantry Assistance
Tax Credits
Just visit the website (www.access.wisconsin.gov) and click "Am I Eligible?"

APPLY ONLINE for FoodShare, Family Medicaid (including BadgerCare), and
   family planning services.  Just click ¡§Apply For Benefits¡¨.
GET DETAILED UP-TO-DATE INFORMATION about the status of benefits you
    already receive, including FoodShare, Family Medicaid (including BadgerCare),
    SeniorCare or Caretaker Supplement benefits.  Just click "Check My Benefits¨

REPORT HOUSEHOLD CHANGES that might affect the benefits you already receive, including FoodShare, Family Medicaid (including BadgerCare), SeniorCare or Caretaker Supplements.  To report income changes only, click Check My Benefits and select Report My Changes.  Soon you¡¦ll be able to report all changes online.

GET ANSWERS TO COMMON QUESTIONS about low- or no-cost health and nutrition programs.  Just click Common Questions.  Visit ACCESS at www.access.wisconsin.gov today!

ADA/FAIR HOUSING

Service Poor for Persons who are Deaf

Most of us don't think twice about using the drive-through at a fast-food restaurant. The service is generally quick and we don¡¦t have to leave our vehicles to get our food. That hasn't been the experience for Barbara Sieminski, who has been progressively going deaf. She has only 25 percent of her hearing left.

In July, Sieminski was among 20 persons with hearing disabilities, working with the Fort Wayne Deaf Advocacy Coalition, to survey 20 Fort Wayne, Indiana fast-food restaurants with drive-through service. The restaurants were chosen because consumer complaints about them were filed with state or local advocacy groups regarding access issues for persons who are deaf. Complaints included no pen and paper available to write down an order, employees refusing to take an order at the pick-up window and no signs explaining how to accommodate persons who are deaf.

The coalition and Fifth Freedom, a Fort Wayne-based disability rights advocacy organization, found 17 of 20 restaurants lacked the minimum federally mandated accommodations for people with disabilities.

During the past year, all the restaurants surveyed were sent letters regarding the complaints and told of the rights of people with disabilities under the Americans with Disabilities Act, according to the coalition.

The No. 1 ADA violation is the lack of signage at the majority of restaurants, indicating what the deaf community could do, (and) how they can order food,¡¨ said Sheri Caveda, executive director of Fifth Freedom.  Even those who did (see signage), said it was so obscure no one could find it.

Fast-food workers are either uninformed about their obligations or are ignoring them, she said. High employee turnover rates could be part of the problem, she said, as could managers who know the law but fail to communicate it.

Fifth Freedom and the coalition would like to see buttons installed at the speakers in the drive-through lane. A person who is deaf would press the button to alert staff taking orders that the person needs accommodations. The surveyors would also like the option of getting printed menus at the pickup window so they can point to what they need. Some people who have hearing disabilities also have speech disabilities.

National surveys of persons who are deaf show 40 percent have been refused service at a drive-through restaurant at least once, according to Fifth Freedom.

SOURCE:  http://www.fortwayne.com/mld/newssentinel/news/local/15470737.htm

ON THE WEB

The US Department of Justice, Civil Rights Division has posted their recent report: "Access for All: Five Years of Progress, A Report from the Department of Justice on Enforcement of the Americans with Disabilities Act" on their website for viewing and downloading.

Go to:  http://www.usdoj.gov/crt/ada/5yearadarpt/fiveyearada1.htm

QUOTE OF THE MONTH

There are three critical ingredients to democratic renewal and progressive change in America: good public policy, grassroots organizing and electoral politics.
~ Paul Wellstone

ANNOUNCEMENTS

Free Audio Conferences

The DBTAC:  Regional ADA Centers (formerly referred to as the Regional Network of ADA and Accessible IT Centers) announced free audio conferences for the remainder of 2006. They plan to offer a full 12 month schedule of programs for 2007 and will release the remaining titles and content in the near future.

November 14, 2006:   "Ask the DOJ"

Take this opportunity to pose questions to the U.S. Dept. of Justice (DOJ) regarding their enforcement efforts on Title II and Title III of the ADA as well as seek their guidance on tough ADA policy issues. DOJ has joined us on many occasions to field questions from our audience. This is an opportunity for you to get clarification and/or seek guidance from DOJ on issues associated with compliance and/or your rights under the ADA.
 
Speaker: John Wodatch, Chief, Disability Rights Section, U.S. Department of Justice
 
December 12, 2006:   U.S. Access Board: Status of ADA Related Rulemaking

It has been over 15 years since the initial ADA Accessibility Guidelines were published. Join us as we hear from the U.S. Access Board about the status of rulemaking under the Americans with Disabilities Act. This session will discuss the status of developing and pending accessibility guidelines including the revised ADA/ABA Accessibility Guidelines, public rights of way, outdoor developed areas and passenger vessels. In addition, this session will explore the direction that the U.S. Access Board is going in related to their research agenda and future areas of rulemaking/guidance.
 
Speaker: David Capozzi, Director, Technical and Information Services, U.S. Access Board
 
These sessions are offered from 1-2:30pm Central Time.   Individuals may
access the programs via telephone, streaming audio on the Internet or
Real-Time Captioning via the Internet.   For more information regarding the
Audio Conference Series and to register on-line go to:   www.ada-audio.org

Questions regarding the programs can be directed to your DBTAC:  Regional ADA Center at 800-949-4232 (v/tty) or by email at gldbtac@uic.edu

NPR Receives Grant to Develop Accessible Radio Technology

The U.S. Department of Education's National Institute of Disability Rehabilitation and Research has awarded a grant to National Public Radio (NPR) and WGBH's National Center for Accessible Media (NCAM) to develop accessible radio technology for people who have hearing or vision disabilities.  The Accessible Digital Radio Broadcast Services grant - in the amount of $150,000 for the first year - will help fund an anticipated three-year research and development project to prototype, field test and assess the cutting-edge radio technologies to serve the needs of people with sensory disabilities.  NPR and NCAM are internationally recognized experts in digital radio technologies and accessible media service models.

New Resource Guide for Parents who are Blind or Partially Sighted
Through the Looking Glass and its National Resource Center for Parents with Disabilities announced the release of the first comprehensive resource guide for parents who are blind or partially sighted.  The 212 page "Hands-On Parenting: A Resource Guide for Parents who are Blind or Partially Sighted" provides a wide range of practical information, adaptations and resources for parents who are blind or partially sighted.

The Resource Guide addresses many situations a parent who is blind might face, such as: If you are a parent who is blind, how do you diaper, feed or give medications to your baby?  How will you know where your toddler is?  How do you choose the colors for your child's clothes?  How can you help your children with homework?  What types of toys or games are available for a parent who is blind to use with their child?  How can a parent who is blind educate the general public about how they manage parenting tasks? The Guide is currently available in regular print, Large Print or CD-ROM.  This Resource Guide can be ordered directly from Through the Looking Glass for $40 (includes shipping and handling for orders within the U.S.). To order this Resource Guide or other publications regarding parenting with a disability, please call 1-800-644-2666.  Or, you can also go to Through the Looking Glass' web site: http://www.lookingglass.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 the Editor, 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 Karen at 414-291-7520 (V/TTY) or kavery@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 Karen 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