JFActivist

What do Medicaid Block Grants Mean for PWDs?

From the National Council on Aging (4.25.11):

Webinar on Implication of Medicaid Block Grants

Please share information about this webinar with your state advocates who work on Medicaid issues for seniors and people with disabilities. Space is limited. Please target your grass-top state advocates.      

The Friday Morning Collaborative is a coalition of national aging and disability organizations working together to protect and strengthen Medicaid Home and Community Based Services.  With support from The SCAN Foundation, the coalition is hosting a series of webinars to provide information and resources to state advocates.  We invite you to join the following webinar:

Implications of Medicaid Block Grants and Spending Caps for Seniors and People with Disabilities

Friday, May 6, 2:00 – 3:30PM ET

John Holahan (Urban Institute)

Edwin Park (Center on Budget and Policy Priorities)

Patricia Nemore (Center for Medicare Advocacy)

Space is limited, so please register early and share lines when possible.  The webinar will also be recorded and made available for viewing following the event.  To register, please go to the following link: https://cc.readytalk.com/r/nu2i9fgqahf7

Action Alert: Tell Your Senators to Oppose Medicaid Block Grants

From the Center for Disability Rights (4.27.11):

Action Alert: Oppose Medicaid Block Grants
Urge Senate Finance Committee and Your Senators to Fight Medicaid Cuts
 
The recent budget proposal passed by the U.S. House of Representatives would seriously undermine Medicaid, cutting the program by a total of $772 billion from the current funding level.  That’s a 35 percent reduction.  In addition, the proposal would cap the reduced amount of funding as a block grant.  If enacted, the States would have to implement additional cuts or provide additional state funding to make up for the lost federal funds.  States are faced with significant budget shortfalls now, so it’s clear that this approach would mean that states would eliminate Medicaid services, cap enrollment, and impose high premiums and co-payments for Medicaid beneficiaries.

The battle over cuts to Medicaid is likely to involve a series of critical decisions and votes.  Medicaid pays for vital health care as well as services and supports for people with disabilities.  It’s important that we let Congress know that we oppose block granting and cutting Medicaid.  Please “Take Action” here

Write your senators and let them know:

I am writing to urge you to oppose Medicaid block grants and Medicaid cuts that would restrict access to long term services and supports.  The budget proposal from the U.S. House of Representatives would seriously undermine the Medicaid program which provides critical health coverage to 8 million Americans with disabilities including seniors who rely upon Medicaid for long term services and support, prescription drug coverage, and durable medical equipment.

Congressman Ryan’s proposal would reduce Medicaid funding for the next ten years by a total of $772 billion from the current spending level and cap the program while giving tax breaks to the rich.  States are already facing financial shortfalls which are resulting in cuts to services and eligibility.  If enacted, this situation would only become worse.  States would eliminate services, cap enrollment, and impose high premiums and co-payments on low income beneficiaries, including those on SSI who live well below the federal poverty line.

Medicaid provides vital services for millions of older Americans and Americans with disabilities.

- Medicaid pays for wheelchairs and prosthetic devices for people with disabilities such as spinal cord injury, cerebral palsy and other disabilities.

-Medicaid pays for prescription drugs for persons with mental illnesses and epilepsy and other medical conditions.

- Medicaid pays for programs to enable people with intellectual disabilities to live and work in the community rather than be forced into institutions.

- Medicaid’s Early and Periodic Screening Diagnosis & Treatment program helps identify disabilities early for children with disabilities and gets them the care they need.

- Medicaid pays for community based long term services and supports which allow seniors and people with disabilities to live independently in the community.

Block granting is described as giving states “flexibility”, but what it really means is that states will have no accountability for their Medicaid programs.  Medicaid pays for such vital services and provides the supports that allow Americans with disabilities to live in the community.  Too many states have already demonstrated that they will bow to local pressure from institutional facilities, and ignore the Supreme Court affirmed civil rights of Americans to choose to receive long term services in their homes and community.  Additional flexibility is NOT the answer.

I urge you to work to sustain Medicaid as the critical safety net for millions of seniors and people with disabilities and DEFEND – NOT DEFUND – OUR FREEDOM!

Social Security Goes Electronic - No More Paper Checks

From Allsup (4.28.11):

Social Security Benefits Go Electronic May 1

Paper checks no longer an option for anyone applying for federal benefits

Belleville, Ill.– April 28, 2011 – Anyone applying for federal benefits on or after May 1, 2011, will receive payments electronically, as the U.S. Department of Treasury phases out paper checks. As a result, it’s important for people applying for Social Security Disability Insurance (SSDI) benefits, or other Social Security benefits, to plan accordingly, advises Allsup, which represents tens of thousands of people in the SSDI application process each year.

Effective May 1, paper checks no longer will be issued to individuals applying for benefits. Instead, applicants must choose either direct deposit into a traditional bank or credit union account or deposit onto a payment card, such as a debit card. The Treasury Department offers the Direct Express^® Debit MasterCard^®. The government estimates stopping paper benefit checks will save Social Security $1 billion over the next decade.

“If you are seeking Social Security benefits, you need to have a plan in place for receiving your benefits,” said Paul Gada, personal financial planning director for the Allsup Disability Life Planning Center. “ The Treasury Department’s rule means that all participants will need to have an existing account or create an account to receive electronic payments through direct deposit. If you don’t, an account will be created for you.”

Those already receiving paper checks, including Social Security disability benefit recipients, will need to switch to an electronic payment option by March 1, 2013. Those who do not choose electronic payment at the time they apply (or by March 1, 2013, if already receiving benefits)—will receive benefits via the Direct Express card to avoid interruption of benefits, according to the Treasury Department. Current beneficiaries will receive information about making the switch with upcoming payments.

Below, Allsup offers details on debit and bank or credit union account options for Social Security beneficiaries. Find more details about Social Security disability benefit payment options online at http://www.allsup.com/personal-finance/financial-planning/ssdi-benefit-payment-options.aspx.

Debit Card: Streamlined Payment Option

Beneficiaries who do not take steps to establish a method for receiving payments, such as a bank account or debit card, will automatically receive the Treasury Department’s Direct Express card. Direct deposit has some safety advantages. For example, there is no paper check to get lost or stolen. Additionally, benefit payments placed on the debit card or deposited into a bank or credit union are insured by the Federal Deposit Insurance Corp. (FDIC).

“If you are evaluating your options and don’t have an account already—it’s important to be aware of potential fees through any service you choose,” Gada said.

The following are features of the Treasury Department’s Direct Express card, which can be used to compare with other offerings available to consumers.

Debit card free features:

• No cost to sign up and no monthly maintenance fees.
• No cost for purchases made at retail stores.
• Banks or credit unions that display the “MasterCard” acceptance mark must provide cash back with no surcharges.
• One (1) free ATM cash withdrawal per month for each deposit made onto the debit card (Additional withdrawals following the first one carry a fee; see below).
• Free basic customer service, including calls, web account access, deposit and low-balance notifications. One replacement card each year.

Debit card potential costs:

•  Cash back fee with some purchases and some banks.
• Surcharges from some stores for card use.
• Charge to use ATMs outside the Direct Express network.
• ATM withdrawals after the first one cost 90 cents per withdrawal, plus non-network ATM surcharges.
• Electronic bill payments cost 50 cents per bill paid using the card.
• A mailed, monthly paper statement costs 75 cents.
• Fees for purchases made outside the United States.

Compare Financial Options For Flexibility

No matter the method someone chooses for receiving benefits, such as debit card or traditional checking account, there are likely to be fees and costs for an account. For example, checking accounts may charge fees for paper statements, ATM withdrawals and overdraft services.

“It’s important to realize you have options for receiving electronic deposits from the Treasury,” Gada said. “By looking ahead to how you will use your benefits and comparing your options, you’ll have a better chance of finding a cost-effective solution to manage your Social Security benefits.”

Anyone with questions about eligibility for Social Security disability benefits can contact the Allsup Disability Evaluation Center at (800) 279-4357 for a free disability evaluation.


ABOUT ALLSUP
Allsup is a nationwide provider of Social Security disability, Medicare and Medicare Secondary Payer compliance services for individuals, employers and insurance carriers. Founded in 1984, Allsup employs nearly 800 professionals who deliver specialized services supporting people with disabilities and seniors so they may lead lives that are as financially secure and as healthy as possible. The company is based in Belleville, Ill., near St. Louis. For more information, visit www.Allsup.com.

You're Invited: Social Security Under Threat Webinar Series

From CCD (4.28.11):

 

 

SAVE THE DATE FOR

Social Security Under Threat!

Webinars

May 19, 2011 (Thursday) 1:00 p.m. – 3:00 p.m. EDT       Social Security 101

June 1, 2011 (Wednesday) 1:00 p.m. – 3:00 p.m. EDT      Social Security Reform Proposals

Webinar 1: Social Security 101

This webinar will explain the basics of the social insurance safety net that is created by the Social Security retirement, disability, and survivors programs. The webinar will include information on the current design of the programs, how the programs are funded, how workers are covered by paying into the system, and how benefits help people with disabilities, retired workers, their families and their survivors. This webinar will also outline the general and most-discussed options for reforming Social Security to ensure its long-term solvency and maintaining benefit adequacy.  It will also provide some basic principles through which reform proposals can be evaluated.

Webinar 2: Current Social Security Reform Proposals: How Would They Affect People with Disabilities?

Building on Social Security 101, this webinar will explain the specific reforms that have been proposed by organizations/commissions and those contained in bills introduced by Members of Congress. It will explain their likely effects on the solvency of the Social Security trust funds.  A primary focus of the webinar will be to examine the impact of these proposed changes on benefits received by program beneficiaries, specifically, how the proposals, if implemented, would affect people with disabilities, the elderly, and families who rely on the Social Security safety net. It will also provide information on the response of the national disability advocacy community to the reform proposals.

Please reserve these dates on your calendars. Lines for these webinars are limited so organizations are encouraged to participate in groups at a single location. Registration will open for these webinars on May 9, 2011. A reminder email will be sent when registration goes live. Please feel free to share this save the date flyer with other organizations.

PLEASE NOTE: These webinars will not be open to the press and statements during the webinars will not be available for attribution.

These webinars are sponsored by the Consortium for Citizens with Disabilities (CCD) Social Security Task Force through a grant from the National Academy of Social Insurance.  See www.disabilityandsocialsecurity.org for more information about the Task Force’s public education and outreach campaign. To learn more about CCD, a coalition of over 100 national organizations, go to www.c-c-d.org.

White House and DOJ Report Progress in Disability Rights Advocacy

From AAPD (4.29.11):

White House Monthly Disability Briefings

By Jenifer Simpson, Government Affairs, AAPD

On Thursday April 28, AAPD participated again in the monthly disability outreach call that is conducted by Kareem Dale, Special Assistant to the President for Disability Policy. These briefings focus on recent Administration leadership efforts and include key speakers working on disability policy and are open to anyone in the disability community, but are not press briefings. This call included some updates about the White House website in addition to presentations from Michael Strautmanis, who is Chief of Staff to  Valerie Jarrett (who is Assistant to the President for Intergovernmental Relations and Public Liaison) and by Mazen Basrawi, Counsel to the Assistant Attorney General for Civil Rights at the U.S. Department of Justice.

White House website upgrades: Kareem Dale mentioned first that there have been upgrades to the “Disabilities” link on the White House home page, including links to recent Presidential position statements, such as on the budget, international issues, etc.  There is also a new online form for questions on disability and related policy. Online at http://www.whitehouse.gov/disability-issues-contact  Dale said that he receives about 100 email inquiries a day but that all of them will be answered.

 
Photo of Michael Strautmanis

National Autism Month: Strautmanis spoke first and talked about the establishment of April as Autism Awareness Month and a presidential global initiative to expand autism awareness, research and education worldwide. He said that about one percent of children in the U.S. have autism spectrum disorders, including his own 14 year old son.  He emphasized the need for changes in dealing with autism, saying that the federal process has to involve intergovernmental coordination of the various agencies to look at causes, treatments and prevention. See WH Press Conference on Autism Spectrum Disorders at http://www.whitehouse.gov/blog/2011/04/25/meeting-needs-people-autism

  Photo includes Mazen Basrawi in foreground

ADA Enforcement: Mazen Basrawi spoke next about the critical steps forward that DOJ is taking to enforce the Americans with Disabilities Act.  He noted that his background included being an attorney as the Disability Rights center in California and working on the ADA Title III case that the National Federation of the Blind brought against Target for inaccessible websites.  Basrawi focused on recent DOJ efforts under Titles II and III, saying they had settled and reached agreements in 25 cases in 17 states over the past two years. He talked about the successes in their Project Civic Access, reporting that they had entered into agreements with 27 counties, cities or states for non-discrimination under Title II. He also mentioned the commitments reached under ADA Title III with the Hilton Hotels, Norwegian Cruise Lines, Quiktrip gas/stores and with movie theaters. He also mentioned the recent settlements made with the Law School Admission Council (LSAC) to make the online law school application process accessible to blind applicants as well as the agreements with five universities that schools cannot use inaccessible technology. Basrawi encouraged call listeners to let DOJ know about any concerns or complaints they may have with barriers to access.

 Baswari reported that DOJ had received over 1,000 comments and oral testimonies in response to their July 2010 Advanced Notices of Rulemakings involving

Accessibility of Web Information and Services Provided by Entities Covered by the ADA, Movie Captioning and Video Description, Accessibility of Next Gen 911, and about Equipment and Furniture. However, he did not specify when any NPRMs or final rules would be issued.

Advocacy Steps

1.      Read DOJ April 26 notice about ADA Settlement to Make Law School Application Processes Accessible to Blind Applicants http://www.justice.gov/opa/pr/2011/April/11-crt-519.html

2.      Read latest agreements reached under Project Civic Access and other ADA cases at http://www.ada.gov/new.htm

3.      If you are not already signed up for notices about the monthly White House disability briefings, send email to sfeuerstein@who.eop.gov and in the email provide your name, the name of your organization, your title, your email address and phone number and then you will be added to distribution list.

4.      For more on the Autism Self Advocacy Network (ASAN), go to website at http://www.autisticadvocacy.org/  or send Email to info@autisticadvocacy.org

For further information on how AAPD works with the Administration, please contact policy@aapd.com

Health Reform's Community First Choice Option Progresses Toward October Implementation

From AAPD (4.28.11):

Medicaid Community First Choice Option: Rules Pending

By David Heymsfeld, Policy Advisor, AAPD

On Tuesday April 26, 2011 AAPD joined with many other disability organizations in the Consortium for Citizens with Disabilities (CCD) to file comments to the Centers for Medicaid & Medicare Services (CMS) on the proposed rule to implement the new Medicaid Program, the Community First Choice Option (CFCO).  As you may recall, this new Medicaid state plan option was established by the Affordable Care Act of 2010 – also known as health care reform -- with the strong support of people with disabilities.

About CFCO

The new Medicaid option provides  incentive payments for states to establish programs to allow people with disabilities to receive services in a setting most integrated with the community, including giving people with disabilities the ability to manage their own assistance, if they wish to do so. CFCO will give people with disabilities a full range of options for receiving home and community based services as an alternative to institutional care. The CFCO program begins October 1, 2011. States with an approved program will receive an additional 6% in federal funding for services provided under the approved program. The services which a program must fund include assistance with Activities of Daily Living, with Instrumental Activities of Daily Living, and with health related tasks.  There must also be back-up systems (such as beepers) and mechanisms to ensure continuity of service, and voluntary training on how to select, manage and dismiss attendant care workers.

In developing their CFCO plans, states must collaborate with a Development and Implementation Council that “includes a majority of members with disabilities, elderly individuals, and their representatives.”  The plan must include a quality assurance system to allow appeals from denials of proposed individual plans, and to receive feedback, and maximize consumer independence and control.

Disability Comments on the Proposed Rules

The disability groups’ comments commended CMS for underscoring throughout the proposed regulations the principles of consumer control articulated in the Community First Choice Options law. That is, for person-centered planning processes, choice in hiring, directing and firing workers, options for self-directed service budgets, and a robust implementation council as the central decision-maker in a long term services and supports system.

However, among several suggestions for modifying the language in the proposed rules, CCD was concerned that the statute and regulation may have been interpreted to extend program eligibility to lower income individuals who do not have an institutional level of care need, and that this does not reflect Congressional intent. CCD recommended that CMS final rule for the state’s CFC option must first address all individuals who have an institutional level of care need before a state opts to serve lower income persons who do not have an institutional level of care need.  CCD also recommended that states may establish medical eligibility criteria that would limit eligibility for the program to individuals who have an institutional level of care need, regardless of their income.

Note that the proposed rule and the comments to CMS are the first stage in implementation of CFCO.  A final rule from CMS should come out over the summer and before the October start date for this new Medicaid program that could go a long way to reduce trapping people with disabilities in institutional settings.  

Advocacy Steps:

1. Find out whether your state is planning to apply for these extra funds for CFCO.
2. See if your state has appointed a Community First Choice Options Development and Implementation Council by contacting your state’s Medicaid program or Governor’s Council on Disability or similar state entity.  If not, urge your state to do so. Councils are a prerequisite of the program.
3. Consider recommending yourself as a participant on this Council.
4. Ensure your state develops a CFCO plan with all the necessary elements and receives the funds intended.
5. Monitor your state’s progress with its CFCO plan.

 For a copy of the CCD comments in full, please write to policy@aapd.com and put “Community First Choice Option” or “CFCO” in the subject line.

AAPD Testifies about Patient and Provider Concerns in Transition to Electronic Health Records

From AAPD (4.29.11):

Accessible Health Information Technology: AAPD Testifies to HHS

On April 21, 2011, AAPD's Senior Director for Government Affairs Jenifer Simpson testified to a federal advisory committee on the need for accessible and usable health information technology. This federal committee was formed by the Office of the National Coordinator for Health Information Technology at Health & Human Services (HHS-ONC). The “Hearing on Usability” included one panel on "Consumer Perspectives" where AAPD testified.  This panel included several consumer groups raising concerns about the lack of a consumer or patient focus as health information technology advances. With health care reform being implemented at the federal, state and local levels, there’s much work going on to increase the amount of information technology (IT) used by health care providers and patients. Committee members listening included the newly appointed HHS National Coordinator for Health Information Technology, Farzad Mostashari, MD, ScM.

AAPD’s perspective is both from the needs of health care consumers and for health care workers using these systems, and who may have disabilities. These electronic systems may involve Electronic Medical Records (EMRs) or Electronic Health Records (EHRs) or consumer Personal Health Records (PHRs), all of which can be part of the health care service delivery infrastructure. With 20% of the U.S. economy involved in health care, we all want to be sure these IT systems work for all users, whether patients or employees of health care delivery services.

At the hearing: AAPD's statement focused on usability for people with disabilities of EHRs and the need for more effort to be made to raise consumer awareness about electronic health records. AAPD commented on the need for accessibility and usability, that accessibility and usability are separate notions, on the need for security and privacy in electronic medical recordkeeping for people with disabilities who can face discrimination based on disability and medical status, and how consumers with disabilities see themselves as the “owners” wanting to control their own medical information.

There was considerable discussion at this HHS hearing about electronic health records currently in use at many hospitals and medical practices. It became clear that many health care providers, including doctors, nurses and other clinicians are not happy with the current status of EHR usability. They said things like “it takes too long to enter data”, “we want less clicks and screens to wade through,” “we can’t find the right screen,” or “we don’t do usability well in team-based care as we often can’t find the critical data.” Interestingly, several of the nursing and clinician statements on usability focused on how they believe EHR systems do not reflect the typical “work flow process” of health care workers and clinicians. Others raised concerns about how to pay for the time implementing and using these systems.

Dr. Stanley Wienapel, a physiatrist who is blind, and a member of the National Federation of the Blind, testified about his concerns that new systems would not work with his screen reader system (JAWS) and the optical character reader (OCR) system he uses for reading medical literature. He also mentioned the needs of wheelchair users and others with physical disabilities in accessing IT equipment.

Advocacy Action:

1.      Read the April 21 HHS ONC “Usability hearing” witness statements online at http://healthit.hhs.gov/portal/server.pt?open=512&objID=1473&&PageID=17117&mode=2&in_hi_userid=11673&cached=true#042111

2.      Take a few minutes to comment today about accessibility and usability for people with disabilities in another health information technology open docket.  This is the Federal Strategic Plan for Health Information Technology at http://healthit.hhs.gov/portal/server.pt?open=512&objID=1211&parentname=CommunityPage&parentid=2&mode=2, comment period closes May 6.  For instance, provide examples of access barriers you have encountered and/or  recommend strategies for change such as adoption of Section 508 Information Technology accessibility standards or WCAG 2.0 website standards, etc.

3.      For a copy of AAPD’s statement, or for further information, send email to policy@aapd.com with “health information technology” in the subject line.

New Discrimination Protections for PWD in NJ

From AAPD (4.26.11):

Increasingly, advocates for workers with disabilities  have become concerned about an emerging trend of discriminating against the unemployed.  Beginning in 2010, some employers  started including a requirement in job advertisements that applicants be currently employed.  Because of the high unemployment rate of people with disabilities, AAPD believes that these discriminatory requirements have a higher impact on people with disabilities.  The EEOC held an open meeting on the issue of discrimination against the unemployed on February 16, 2011.  Last week, New Jersey became the first state to bar employers from publishing job advertisements that exclude the unemployed.

From the The Trentonian (trentonian.com) 4.24.11:

NJ employers can't discriminate against unemployed

Employers in New Jersey can no longer exclude unemployed people when they advertise job vacancies in their companies.

Legislation barring the practice was recently signed into law by Republican Gov. Chris Christie, who had conditionally vetoed an earlier version of the measure. Violators will face fines of up to $1,000 for the first offense and $5,000 for subsequent offenses.

The bill prohibits employers from publishing job advertisements — in print or online — that state that unemployed individuals can't apply for the position. Proponents say the measure, which may be the first of its kind in the United States, addresses a growing national problem.

"This law is very simply the right thing to do for thousands of New Jerseyans who, through no fault of their own, found themselves without a job in recent years," said Assemblywoman Celeste Riley, D- Bridgeton, who was among the bill's primary sponsors in that chamber. "Judging a person by whether they have a job is not the way to fill job vacancies. I want to see everyone judged on their skills and ability to do the job."...

>>> For the Full Article

 

 

Health Reform Resource: 20 Most Common Questions Answered

In recognition of the first anniversary of the Patient Protection and Affordable Care Act's enactment on March 23, 2010, United Spinal has created a document for people with disabilities interested in Health Care and Health Reform.  This document answers commonly asked questions including:

• If I do not get coverage through my employer and am not eligible for Medicare or Medicaid, what are my options for affordable coverage under the law?
• I’ve seen reported that the courts have found the health reform law unconstitutional. So is it dead?
• I’m considered a high-risk patient and until 2014 my pre-existing condition could preclude my ability to obtain insurance. What can people like me do for coverage until then and will it be affordable?
• I seem to pay a lot of money out-of-pocket for deductibles and co-pays above and beyond my premium payments. Does the law establish any limits on such cost sharing and out-of- pocket expenses and, if so, when do they go into effect?

From United Spinal Association (4.18.11):

Answers to 20 Often Asked Questions On The Health Reform Law

Prepared by

Joe Isaacs, MSPH, CAE, FASAE, Vice President for Public Policy, United Spinal Association
Andrew Morris, MSPH, Director of Government Relations, United Spinal Association
Barbara L. Kornblau, JD, OTR, FAOTA, University of Michigan-Flint

On March 23, 2011, “The Patient Protection and Affordable Care Act” (P.L. 111-148/152) celebrated its first anniversary and there remains significant confusion among those with disabilities about the law, including concerns as to whether it even still exists. In honor of this milestone in the life of this landmark legislation so important to those with disabilities and chronic illnesses and more than 32 million uninsured Americans, the United Spinal Association is taking this opportunity to compile answers to the most often heard queries we have received from our members and others about the law, which also is widely referred to as the “Affordable Care Act” (ACA) or the health reform law or, by its detractors, as “Obamacare.”

Like the game so many of us have played on those long car trips, we identified “20 Questions” that have often been raised about the law’s status, provisions, benefits and impacts. These questions and answers are presented in no particular order of importance, as the definition of “importance” is in the eyes of the beholder.

While the law is steadily being implemented, several of its key provisions will not become effective until 2014. But we hope our responses will assist readers to better appreciate the structure and benefits of the new law and what lies ahead. At the conclusion of the questions and answers presentation, we provide the reader with an easy-to-read table that highlights the major provisions of the Affordable Care Act and the timeline for their implementation.

The United Spinal Association remains vigilant in its efforts to ensure that the Affordable Care Act fulfills its promise for more accessible, affordable high quality care for those with spinal cord injuries and disorders. And we remain focused in our efforts to avert disastrous consequences to Medicare, Medicaid and Social Security coverage for our constituents and to help identify better and more responsible ways to reduce the nation’s deficit without adding unfairly to the burden of those must vulnerable in our society.

United Spinal conveys its sincere gratitude to Barbara Kornblau, JD, OTR, FAOTA, for her invaluable assistance in the development of this report. Ms. Kornblau’s efforts were instrumental in securing the inclusion of several provisions in the Affordable Care Act that respect those with disabilities as a health disparity population.

We welcome your feedback on this United Spinal Association report and any additional questions you may have about the Affordable Care Act at (202) 556-2076, EXT. 7101 or 7103, or by e-mail at jisaacs@unitedspinal.org or amorris@unitedspinal.org.

>>>Download the Document in PDF

>>> Read the Report Online 

Once You've Learned About Health Reporm Take a Quiz To Test Your Knowledge

From the Kaiser Family Foundation (3.15.11):

The Kaiser Family Foundation has created an interactive Quiz on the Health Reform Source that allows users to test their knowledge about what’s in – and what's not in -- the health reform law.

Quiz takers can compare their results to the general public, which was asked the same series of 10 questions in one of the Foundation’s recent Monthly Health Tracking Polls. The quiz also includes links to more information about specific provisions of the law.

>>> For the Interactive Health Reform Quiz

>>> For More Including an Interactive Implementation Timeline
 

Action Alert: Tell Your Congressmen to Support Free and Appropriate Education for Students with Disabilities

From CCD (4.21.11):

ACTION ALERT:
CALL/EMAIL CONGRESS TO COSPONSOR
IDEA FAIRNESS RESTORATION ACT, WEDNESDAY, MAY 4, 2011

ON WEDNESDAY, MAY 4, 2011, PLEASE CONTACT YOUR SENATORS AND REPRESENTATIVE AND ASK THEM TO COSPONSOR THE IDEA FAIRNESS RESTORATION ACT (S.613 AND H.R. 1208).  This bill will allow parents to recover expert witness fees when they prevail in due process hearings and court actions under the IDEA. 

IDEA gives parents the right to an impartial due process hearing, but parents must be able to afford expert witnesses to testify at those hearings.  Expert witnesses can include psychologists; physicians; speech, occupational, physical, and other therapists; educational experts; positive behavioral support experts, and others.  Without expert witnesses, most parents cannot prevail.  Sometimes, school districts sue parents and parents must have expert witnesses to adequately defend themselves. 

The IDEA Fairness Restoration Act will restore the right to recover expert witness fees for parents and students with disabilities.  Congress intended that parents have this right when it amended the IDEA in 1986.  But in 2006, the Supreme Court acted contrary to this intent and held that parents could not recover expert witness fees in Arlington Central School District v. Murphy.  Plaintiffs in other civil rights cases, like ADA cases, recover fees, and this bill would simply give parents the same right.  

ON WEDNESDAY, MAY 4, 2011, PLEASE CONTACT YOUR SENATOR AND REPRESENTATIVE AND ASK THEM TO COSPONSOR S.613 and H.R. 1208.  It is crucial that Congress hear from parents of children with disabilities, advocates, attorneys, family, friends, and colleagues that this legislation is very important.  If you cannot do call/email on May 4, please do it the week of May 2-6, 2011.

HOW TO CONTACT CONGRESS:  It is best to call your Representative and Senators.  Calls are more personal and more attention is paid to them.  Even a 2 minute call is very helpful.  But if you need to email because of work schedule, disability, or other reason, please do so. 

CALL CONGRESS.   Call your Congressional Representative and Senators and ask them to Cosponsor S.613 and H.R. 1208, the IDEA Fairness Restoration Act.  You can call them at 202-224-3121 (TTY 202-225-1904).  If you do not know who they are, you can look them up at www.house.gov or www.senate.gov.  Ask for the staff member who handles education or disability.  Share with them the information below.  
 
SEND AN EMAIL MESSAGE TO CONGRESS.  You can email your Congressman through their special forms on House of Representatives Website, http://www.house.gov/writerep , and write your Senators through their Web Form on the Senate website, http://1.usa.gov/Senat

SAMPLE EMAIL / INFORMATION TO SHARE IN YOUR CALL.  Here is information you can share with Congress as you ask for support.  You can use it for your phone call, or you can cut and paste it into an email form.  If you email, it helps to personalize it with even a few sentences about your child or your legal/advocacy practice.  You might add something like “We are the parents of a child with autism and it is important to us that you support this bill, so we can afford due process if we are ever forced to go.”  Or write something longer and more personalized.
 
Dear Congressman/Senator,

Please cosponsor the IDEA Fairness Restoration Act, H.R. 1208 and S.613. It will restore Congress' original intent in enacting the Handicapped Children's Protection Act of 1986 that parents who prevail in administrative hearings and court actions be allowed to recover expert witness fees.  The bill would overturn the Supreme Court decision in Arlington Central School District v. Murphy. 

When school districts provide an education so poor that they fail their legal obligations, parents can seek an impartial due process hearing to protect their child.  In those hearings parents must provide testimony from such expert witnesses as psychologists, doctors, therapists, and educational experts.  This testimony is needed to prove that a free appropriate public education was not provided to their children.  Few parents can afford expert witnesses.  Nearly 36% of children with disabilities live in families earning less than $25,000 a year; over two-thirds in families earn less than $50,000 a year.  Without the ability to afford expert witnesses, the right to a due process hearing is not meaningful for most parents.

The bill simply gives parents the same right as prevailing plaintiffs under the Americans with Disabilities Act and other similar laws to recover expert fees.  When Congress passed the Handicapped Children's Protection Act of 1986, it intended that parents would recover expert witness fees in IDEA cases, as clearly stated in the Conference Report.  But the Murphy case overrode that intent.  We ask Congress to restore its original intent and provide parents with the right to recover expert witness fees if they win their case. 
 
Sincerely yours,
Your name here
 
More Resources:
• The Senate bill, (S.613) is here: http://hdl.loc.gov/loc.uscongress/legislation.112s613 
• The House bill (H.R. 1208) is here: http://hdl.loc.gov/loc.uscongress/legislation.112hr1208

• A fact sheet on the bill is here:  Bullet Points and Background on the IDEA Fairness by Autcom
• For more information about this alert, please contact
Jessica Butler, Congressional Affairs Coordinator, Autism National Committee, jessica@jnba.net
Bob Berlow, Government Affairs CoChair, Council of Parent Attorneys & Advocates, govrelations@copaa.org