JFActivist

Building Bridges Across Movements: Domestic Workers and the Disability Community Partnering to Improve Care

AAPD is partnering with the National Domestic Workers Alliance, Jobs with Justice, and Hand in Hand: The Domestic Employers Association for the Caring Across Generations campaign: an initiative centered on transforming long-term care in the United States for our loved ones who count on the support of caregivers to meet their basic daily needs, the workers who provide the care, and the families who struggle to access and afford care for their loved ones. 

On Tuesday, July 12^th, the campaign will be hosting a Care Congress, where seniors, people with disabilities, family caregivers, home care workers, domestic workers, children and families of care workers and people who need care will be sharing their care stories.  

We need as many people with disabilities to be part of this important dialogue!

What the Care Congress program will include:

• Sharing care stories: sharing testimonies and vision for change between seniors, people with disabilities, family caregivers, home care workers, domestic workers, children and families of care workers and people who need care
• Giving voice to change: engaging elected officials and key members of the Administration on the need for change
• Growing a movement at home: workshops and skill sharing to support participants to build the Caring Across Generations movement in their home communities.

The Caring Across Generations movement is centered on promoting honest, productive discussion among all those invested in improving care. If we are to meaningfully improve the care system for everyone, it is crucial that people with disabilities share their stories.

We need you at the table on July 12th!

RSVP to the first ever Care Congress today

Nothing about us, without us!

 

 

Have You Experienced Disability-Based Discrimination by Wells Fargo/Wachovia?

via the Department of Justice (6.28.11):

We need your help in informing individuals with disabilities about a settlement agreement with Wells Fargo and its claims process.

 Please feel free to forward this email on to others.

 On May 31, 2011, Wells Fargo & Company (Wells Fargo) entered into a settlement agreement with the U.S. Department of Justice. The Agreement requires Wells Fargo to compensate (pay) certain individuals who experienced disability discrimination in violation of Title III of the Americans with Disabilities Act (ADA) when trying to call Wells Fargo or Wachovia, visit one of Wells Fargo or Wachovia's banks or retail stores, or otherwise access Wells Fargo or Wachovia's services before May 31, 2011.

Any person who experienced disability-based discrimination that happened before May 31, 2011 in violation of Title III of the ADA based on something Wells Fargo or Wachovia did or didn't do may be eligible for compensation under this Settlement Agreement.  All types of disability discrimination can be claimed; for example, physical inaccessibility at bank branches, refusal by a Wells Fargo bank branch to provide documents in alternate formats, policies that cause barriers to equal access by individuals with disabilities, and refusal to accept relay calls are just a few types of discrimination based on disability. 

The deadline to file a claim for compensation is January 29, 2012. If you or someone you know may be eligible, it is important that you or that person file a claim for compensation by January 29, 2012. No claims will be accepted after January 29, 2012.

You can begin the process of filing a claim by sending your name, address, email address, and day and evening telephone numbers by email to WFclaims@usdoj.gov or by leaving a message at 1-866-708-1273 (voice mail) or 1-866-544-5309 (TTY).

This claims process also helps us identify ADA violations to be fixed by Wells Fargo – i.e., physical inaccessibility at retail stores and policies that cause barriers to equal access by individuals with disabilities. Please visit www.ada.gov/wells_fargo/ for more information about the settlement or the claims process.

ACT QUICKLY! The time period for filing a claim, established by the settlement agreement, ends on January 29, 2012.

Federal Government Website Accessibility -- Still a Long Way to Go

via Disability.gov (6.29.11): 

Federal Government Website Accessibility --

Still a Long Way to Go

By Guest Blogger Dr. Jonathan Lazar, Professor of Computer and Information Sciences; Director, Undergraduate Program in Information Systems; Director, Universal Usability Laboratory, Towson University

Website accessibility is conceptually different from a lot of other types of compliance for people with disabilities, even other technology compliance. For example, if you design doorways or bathrooms to be accessible for people with disabilities, once they are designed, evaluated and meet the proper regulations, you rarely need to re-check them for compliance. The doorframes don’t change on a monthly basis. Once accessible, they are accessible until they are structurally altered (or regulations for accessibility are changed). For some types of technology, this scenario is also true...

>>>For the Full Article

Invest Wisely, Support Medicaid!--Call Your Reps on Recess THIS WEEK

via AAPD (6.28.11):

 

Invest Wisely, Support Medicaid!

With Medicaid on the chopping block, the lives of 8 million people with disabilities are at risk.

It is critically important that Congress be made aware of our strong opposition to large cuts in federal funding for Medicaid.

If we are to protect vital services for people with disabilities, our community must dialogue with lawmakers.

With the House of Representatives on recess this week, they need to hear YOUR support for Medicaid!

To find your U.S. House of Representatives Member:  Go to: https://writerep.house.gov/writerep/welcome.shtml.

For your representative’s phone number, go to http://www.house.gov/.

Tell them…

DON'T CUT MEDICAID. "Cuts to this vital program will only shift costs to states and transfer the burden onto people with disabilities, children and their families.”

 “Investing in home and community-based supports is a proven cost-saving measure!”

If they don’t hear from you – and thousands of others -- how will they know what we all think?

New Program Launched to Help Homeowners at Risk of Foreclosure

via AAPD (6.24.11):

HUD Announces New Program to Help Homeowners at Risk of Foreclosure

By Jenifer Simpson, Senior Director for Government Affairs

AAPD recently learned about a new program by the U.S. Department of Housing and Urban Development (HUD). In conjunction with NeighborWorks® America, HUD announced the launch of the Emergency Homeowners’ Loan Program (EHLP). 

The EHLP is designed to provide mortgage payment relief to eligible homeowners experiencing a drop in income of at least 15 percent directly resulting from involuntary unemployment or underemployment due to adverse economic conditions and/or a medical emergency. 

Under the EHLP program guidelines eligible homeowners can qualify for an interest free loan which pays a portion of their monthly mortgage for up to two years, or up to $50,000, whichever comes first.  Eligible homeowners must have current income at least 15% less than it was in 2009 and must be at least 90 days delinquent on the mortgage, among other eligibility factors.

For instance, you must have received a written notice from your mortgage lender/servicer indicating that you are delinquent on your first mortgage payments, referred to as a “Breach Letter.”  Also, you cannot be in bankruptcy or owe unpaid federal income taxes or have unpaid federal student loans, among other criteria.

To learn more about the program, go to: http://nw.org/network/foreclosure/nfmcp/documents/EHLP_Homeowner_FAQs.pdf

Possible loss of a house is one of the number one phone calls involving people with disabilities that we hear about at the AAPD national office. If you or someone you know is experiencing mortgage difficulties due to the continuing economic situation, explore if the EHLP program can help. Why lose your home through failing to check out a program and fill out the necessary paperwork?

Pre-Applicant Screening Worksheets  are available online at http://www.FindEHLP.org.

The deadline for this worksheet submission is July 22, 2011!

You can also call toll free to 855-346-3345 for more information on the program.

Let AAPD know if you encounter difficulties with this program via an email to policy@aapd.com

 

Sen. Harkin's 2008 Letter to Ability Magazine Readers, Addresses Importance of 2009 ADA Amendments Act

via Ability Magazine (Vol 2008/09 Dec/Jan): 

Dear ABILITY Readers,

Recently, the ADA Amendments Act was signed into law, and I was proud to be its chief sponsor. When it is enacted in early 2009, the legislation will allow us to fulfill the original promise of the Americans with Disabilities Act.

As you may know, the ADA was one of the landmark civil rights laws of the 20th century, and helped us make enormous progress in advancing the four goals of the ADA: equality of opportunity, full participation, independent living and economic self-sufficiency.

Despite these strides, we have left some people with disabilities behind. The problem is a series of Supreme Court decisions, which have greatly narrowed the scope of who is protected by the ADA. First of all, these cases held that mitigating measures, such as medication, prosthetics, or other assistive devices, must be considered in determining whether a person has a disability under the ADA. Secondly, they asserted that there must be a demanding standard in assessing whether an individual has a “disability.”

As a result, people with conditions that common sense tells us are disabilities, are being told by courts that they are not disabled, and thus not eligible for protections under the law...

>>>To Read Harkin's Full Letter

Medicare, CMS, Hospitals and Unnecessary Institutionalization

via SteveGoldADA.blogspot.com (6.24.11):

Medicare, CMS, Hospitals, and Unnecessarily Institutionalization. Information Bulletin # 334 (6/2011).

There’s been a number of news articles recently stating that CMS will track hospital spending for Medicare recipients and will reward hospitals that keep costs down and penalize hospitals for costs incurred within 90 days after the person leaves the hospital.

It’s a “Medicare spending per beneficiary” device to measure hospital performance. For example, we have national data for infections occurring after surgery and/or as a result of just being in a hospital. Hospitals with much higher rates will be penalized. Similarly, there’s national data for heart attack mortality rates against which hospitals can be compared, rated, and then rewarded or penalized.

Obviously, besides improving medical care, rewards/penalties are an important strategy to control health costs, something everyone agrees is necessary.

We have a simple suggestion for CMS.

How about CMS including in its “Medicare spending per beneficiary” the measure of placement in nursing homes directly from acute care hospitals? This could actually be easily implemented because CMS could actually enforce its own federal regulations which require hospitals to do real and meaningful “discharge planning”?...

CMS - you have a financial interest, the regulatory authority, as well as an interest in the ADA’s mandate that services be provided “in the most integrated setting appropriate,” to address hospital dumping.

Include in the “Medicare spending per beneficiary” plan a measure of post-hospital placements. Reward hospitals that place people in the community with services and penalize hospitals with the worst dumping scores.

 

>>>To Read the Full Post

 

What other steps can be taken to address hospital dumping? Please share your thoughts in comments below.

EEOC Looks at Disparate Treatment in 21st Century Hiring Decisions

via AAPD (6.24.11):

EEOC Looks at Disparate Treatment in 21st Century Hiring Decisions

By Julia Feinberg, AAPD Policy Intern

On Wednesday June 22, 2011, AAPD attended the U.S. Equal Employment Opportunity Commission’s (EEOC) meeting on “Disparate Treatment in 21^st Century Hiring Decisions,” held in Washington, D.C. The EEOC is chaired by Jacqueline Berrien with Stuart Ishimaru, Constance Barker, Chai Feldblum, and Victoria Lipnic as Commissioners.  The meeting looked at how discrimination during the hiring process affects minorities, including people with disabilities.  Nine witnesses were called to provide evidence and discuss the impacts of disparate hiring practices. 

During the opening statements, all Commissioners noted that working is not only important financially but also for an individual’s sense of self-worth and connection to their community.  They also noted the difficulty of reporting and getting information to people who have been discriminated against in the workforce.  It was discussed many times during the hearing that often people do not know they have been victims of hiring discrimination. 

Recent Cases: EEOC General Counsel David Lopez described a successful court case where two deaf men were refused employment by Wal-Mart.  The Courts ruled in the men’s favor and, as part of the settlement, a television ad was played for several weeks promoting the employment of people with disabilities.  This ad was shown in the hearing and had a visible affect on the Commissioners.  Lopez also described a clip from an ABC show “What Would You Do?” where two deaf women applied to be kitchen workers in a café and were refused jobs.  While some customers stood up to the discrimination they saw, others gave the manager legal advice saying he should have accepted their applications and not called them instead of outright saying he wouldn’t hire them because they were deaf.  These “advisors” were professional recruiters and managers.

Silent or Covert Discrimination:  The first two panels focused on “silent discrimination,” where the employer doesn’t outright say or show that he or she is discriminating.  This was a recurrent topic throughout the meeting.  It especially came up during discussion of contingency or temporary staffing agencies, that is, companies that match employers with employees looking for work.  Since hiring laws are different for the contingency agencies, many companies can get away with discriminatory hiring practices by using these types of companies.

Bill Lann Lee, an attorney at Lewis, Feinberg, Lee, Renaker, & Jackson on the first panel called this “covert discrimination.”  Grace Speights, attorney at Morgan, Lewis, & Bockius, and Katherine Kores, an EEOC District Director in Memphis were also on the first panel. The second panel was composed of Supervising Trial Attorneys Kate Boehringer and Diane Smason at the EEOC Baltimore and Chicago offices, respectively, with Ana Lopez and Jeannette Wilkins as Charging Party Members in two major EEOC cases.  This panel highlighted the real life challenges of workforce discrimination and gave an in-depth look at how companies use covert discrimination.

Research and Training Issues: Marc Bendick from Bendick & Eagan Economic Consultants and General Counsel Rae Vann from the Equal Employment Advisory Council, a non-profit employer association, discussed discrimination research and training on the third and last panel.  Bendick provided staggering statistics about the prevalence of discrimination in the workforce and also specific industries that were especially “hard core discriminators.”  For instance, he said that 20-25 % of people have encountered hiring discrimination across all fields of the workforce.  Advertising and construction industries were among the worst with about 67% discriminating against applicants.

 

Vann concluded the meeting by outlining the training programs that the EEAC has developed over the past few decades to reduce workplace discrimination.  The hope is to change the attitude within all offices so that anti-discrimination is company policy, not just federal law.

Resources: To file an EEOC complaint or “charge,” go to the link http://www.eeoc.gov/employees/charge.cfm

To learn more about ADA and disability employment protections go to http://www.eeoc.gov/laws/types/disability.cfm

 

Question:  Have you experienced silent or covert discrimination as a person with a disability seeking or maintaining employment? Please comment in the box below or tell us via email to Policy@aapd.com

 

 

Reduced Federal Medicaid Payments in 2012: Many States Already Cutting Back

via AAPD (6.24.11):

Reduced Federal Medicaid Payments in 2012: Many States Already Cutting Back

By David Heymsfeld, AAPD Policy Advisor

In recent weeks supporters of Medicaid have focused on advocating against proposals, such as block grants and global spending caps, which could lead to drastic reductions in future federal funding of Medicaid. The threats of these proposals have obscured the fact that even if none of these proposals are enacted there are provisions in existing law which will result in less spending for Medicaid in 2012 than in 2011. In many states this is likely to lead to reduced Medicaid services including for people with disabilities and their family members.

Background: In the Medicaid program, each state establishes its own program although it must work within federal requirements.  The federal government helps fund each state’s program, with the federal share averaging about 57%. Medicaid is the largest expense in state budgets, and constituted about 22% of total state spending in 2010.

Federal Cutbacks Taking Effect on July 1, 2011:  As you may recall, there was legislation passed in 2009 to combat the recession, that is, the American Recovery and Reinvestment Act, also referred to as “the stimulus.”   This temporarily increased the federal share for Medicaid by about 10%, resulting in the states receiving about $87 billion in increased funding. This increased rate of funding ends on July 1, 2011. However, at the same time, the needs are growing. For instance, as a result of the recession, Medicaid enrollment increased by 8% in 2010, with estimated growths of 5% in 2011 and 4% in 2012.

State Response to Lower Federal Funding: The states’ responses to reduced federal funding are described in some detail in a Spring 2011 Report of the National Association of State Budget Officers in a document called “Fiscal Survey of the States,”  link at http://www.nasbo.org/LinkClick.aspx?fileticket=yNV8Jv3X7Is%3d&tabid=38

With federal funding to be reduced by 13% in Fiscal 2012, most states are planning some increases in their own funding, but not enough to close the gap. Overall Medicaid funding is expected to decrease 3%. With the lower funding, most states are planning some changes to limit costs of their programs.

How States Cut their Medicaid Programs: These changes include reduced provider payments in 33 states, making it more difficult for Medicaid patients to find providers willing to treat them. Other measures include limitations on benefits to be carried out in 25 states. Another 13 states will put limitations on prescription drugs. New or higher co-payments will occur in 21 states and there will be expansions of managed care in 19 states.  In fact, many states are proposing more than one of these changes.  For instance, Table 29 (page 57) lists which states have cut or plan to restrict community-based care (CA, MN, NY, WA).

Note that the so-called Maintenance of Effort (MOE) provisions included in the health care reform Act prevent the states from making other changes such as increasing income eligibility levels or otherwise making it more difficult for individuals to apply.

Suggestions for Further Advocacy:

1. Read Chapter Four, “Medicaid Outlook,” in “Fiscal Survey of the States: An Update of State Budget Conditions” at http://www.nasbo.org/LinkClick.aspx?fileticket=yNV8Jv3X7Is%3d&tabid=38.

This will give you some sense of what your state is looking at in regard to Medicaid. For instance, Table 28 shows some specific strategies states are using. Note also that the states are considering ways to increase revenues (Table 30).

1. Contact your governor’s office or state legislator to learn about specific proposals to cut back Medicaid in your state.
2. Protest early and often any cuts that are unfair to people with disabilities or revenue enhancements that unfairly burden people with disabilities and their families.
3. Comment in the box below or send concerns to policy@aapd.com

DOJ Intervenes in Texas Case to Enforce Olmstead

via The Department of Justice (6.22.11): 

Justice Department Moves to Intervene in Texas Case to Enforce the Supreme Court’s Olmstead Decision

The Justice Department today filed papers seeking to intervene in Steward, et al. v. Perry, et al., a case filed on behalf of thousands of Texans with developmental disabilities to enforce their right under the Americans with Disabilities Act (ADA) to receive services provided by the state in the most integrated setting appropriate to their needs...

The proposed complaint by the United States, which must first be approved for filing by the U.S. District Court in San Antonio alleges that Texas unnecessarily segregates individuals with developmental disabilities in nursing homes instead of providing them the opportunity to receive integrated, community-based services. The proposed complaint also alleges that Texas places individuals with developmental disabilities who currently live in the community at risk of unnecessary placement in nursing facilities by failing to provide necessary community-based services in violation of the ADA and Section 504 of the Rehabilitation Act...

>>>For the Full Press Release