1) What’s Happening in the Nation’s Capital?
Fight Erupts Over Rules Issued for Mental Health Parity Law
2) National News
Company Plans to Sell Genetic Testing Kit at Drugstores
More than 2,225 Organizations Representing Every Congressional District Send Letter Urging Congress to Fund the National Housing Trust Fund
3) State News
TX Senate Committee Probes Hijacking of Civil Liberties through Guardianship
DOJ Signs Agreement with St. Clair County, IL to Ensure Civic Access
Shared Housing of New Orleans Seeks to Divert Institutionalization Locally
4) Announcements and Additional Resources
National ADA Symposium Registration Deadline May 19th
Department of Labor Unveils New Online “Disability Nondiscrimination Law Advisor”
Survey on Accessibility and Usability of Wireless Technology
Fight Erupts Over Rules Issued for Mental Health Parity Law
Source: New York Times, by Robert Pear
A huge fight has erupted over rules issued by the Obama administration to enforce a 2008 law that requires equal insurance coverage for the treatment of mental and physical illnesses. The fight offers a taste of the coming battle over rules to remake the health care system under legislation pushed through Congress by President Obama.
Insurance companies and employer groups are lobbying the White House to delay and rework the rules on “mental health parity.” Insurers and many employers supported the 2008 law, but they say the rules go far beyond the intent of Congress and would cripple their cost-control techniques while raising out-of-pocket costs for some patients.
Advocates for patients generally support the rules, saying they will eliminate many forms of insurance discrimination against people with mental illness.
…Insurers and employers agree that the law prohibits them from setting numerical limits on hospital inpatient days and outpatient visits for mental health services if they do not impose such limits on other types of medical care.
But insurers say the Obama administration went overboard when it tried to regulate “nonquantitative treatment limits.” These include the techniques used by insurers to manage care, the criteria for selection of health care providers and the rates at which they are paid. Read More.
Company Plans to Sell Genetic Testing Kit at Drugstores
Source: Washington Post, by Rob Stein
Beginning Friday, shoppers in search of toothpaste, deodorant and laxatives at more than 6,000 drugstores across the nation will be able to pick up something new: a test to scan their genes for a propensity for Alzheimer's disease, breast cancer, diabetes and other ailments.
The test also claims to offer a window into the chances of becoming obese, developing psoriasis and going blind. For those thinking of starting a family, it could alert them to their risk of having a baby with cystic fibrosis, Tay-Sachs and other genetic disorders. The test also promises users insights into how caffeine, cholesterol-lowering drugs and blood thinners might affect them.
The over-the-counter test marks the first foray of personalized genomic medicine into the corner drugstore. The move is being welcomed by those who hope that deciphering the genetic code will launch a new era in biomedical science.
But it's being feared by those who worry it will open a Pandora's box of confusion, privacy violations, genetic discrimination and other issues. The new test comes as federal regulators, bioethicists, geneticists, doctors and patients have been increasingly struggling with how to use, interpret, regulate and guard against abuse from the flood of genetic information, tests and technologies being developed because of the massive, government-sponsored Human Genome Project. Read More.
Related: Walgreens postpones carrying Pathway Genomics genetic test kit (LA Times).
More than 2,225 Organizations Representing Every Congressional District Send Letter Urging Congress to Fund the National Housing Trust Fund
In a dramatic show of grassroots support for the National Housing Trust Fund, more than 2,225 organizations representing every Congressional district in the country are sending a letter this week to every U.S. Senator and Representative urging immediate funding for the National Housing Trust Fund. The NHTF campaign knows of no other Congressional letter that has received support from organizations all 435 Congressional districts, plus the District of Columbia and Puerto Rico.
The letter calls on Members of Congress to provide $1 billion to capitalize the NHTF and $65 million for project-based vouchers to support NHTF homes. Legislation to fund the NHTF could be considered before the Memorial Day recess.
The National Housing Trust Fund was created as part of the Housing and Economic Recovery Act of 2008, but has not yet been capitalized. Once funded, the NHTF will support the production, preservation, and operation of rental homes for the lowest income people in the United States. The NHTF is the first federal rental housing production program that is specifically targeted to extremely low income households since the Section 8 program was established in 1974.
Read the letter in support of funding for the National Housing Trust Fund and see a complete list of all organizational signers at www.nhtf.org.
TX Senate Committee Probes Hijacking of Civil Liberties through Guardianship
Source: examiner.com, by Lou Ann Anderson
Texas State Sen. Jane Nelson (R-Flower Mound) Texas guardianship abuse became a topic of significant discussion at a May 12 Senate Health and Human Services committee hearing. Within the committee interim charge to "explore strategies to support the needs of aging Texans," the hearing, chaired by Sen. Jane Nelson (R-Flower Mound), also allowed testimony on "the guardianship program implemented by the Department of Aging and Disabilities and the Department of Adult Protective Services, including the efficiency and effectiveness of the program, the relationship between the two agencies, the appropriate rights for parents, and whether clients and their assets are adequately protected to ensure the state is appropriately identifying seniors in need of protection."
With guardianships, a person can lose control of their individual liberty as well as their property. While guardianships are often associated with minors or the elderly, the mentally or physically disabled or anyone incapacitated via illness or injury can also be subjected to this legal status. Family members may serve as guardians, but a new industry has evolved and is in a growth mode as courts increasingly support use of government or professional guardians. Read More.
DOJ Signs Agreement with St. Clair County, IL to Ensure Civic Access
Source PRNewswire
The Justice Department today announced an agreement with St. Clair County, Ill., to improve access to all aspects of civic life for persons with disabilities. The agreement was reached under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA).
“Civic access is a basic civil right, and the doors to government programs, services and activities must be open for individuals with disabilities,” said Thomas E. Perez, Assistant Attorney General of the Civil Rights Division. “I commend St. Clair County officials for making this commitment to its residents with disabilities by agreeing to come into voluntary compliance with the ADA, thereby working towards equal access to all of its programs, services, and activities.”
PCA was initiated to ensure that persons with disabilities have an equal opportunity to participate in civic life, a fundamental part of American society. As part of the PCA initiative, Justice Department attorneys, architects and investigators survey state and local government facilities, services and programs in communities across the country to identify the modifications needed for compliance with ADA requirements. The agreements are tailored to address the steps each community must take to improve access. This agreement is the 177th under the PCA initiative. Read More.
Shared Housing of New Orleans Seeks to Divert Institutionalization Locally
Shared Housing of New Orleans is a preventative program that allows seniors and people with disabilities to remain in their homes who would like to, and who do not need to be in Nursing Homes. The program matches a Homeowner with a Homeseeker. The Homeseeker provides light housekeeping and companionship. The Homeowner, in return, provides room and board.
The Homeseekers are generally people who are at risk of homelessness. They are usually individuals who are concerned that they will not be able to pay the next month's rent. Police checks are done on all applicants to the program. Careful screenings/interviews are done by our Program Coordinator and Registered Nurses. The Director is an experienced Occupational Therapist with extensive Mental Health experience.
Individuals with questionable backgrounds or questionable ability to participate appropriately in the program may be told that this is not the appropriate program for them. About 50% of those applying are not suitable for participating in the program.
The individual referred must have the ability to negotiate for him or herself. The program does not admit those for whom someone else has power of attorney or legal authority. Find out more at: http://www.sharedhousingofneworleans.org/.
National ADA Symposium Registration Deadline May 19th
NCIL is working with the National Network of ADA Centers on several ADA-related projects this year, and we would like to remind our members that registration for the ADA Symposium in Denver is May 19th.
The National ADA Symposium will be held in Denver, Colorado June 20-23, and is a national initiative of the ADA Network and hosted by the Great Plains and Rocky Mt. ADA Centers. This three day conference is designed to provide the latest information on ADA regulations and guidelines, implementation strategies, and best practices through dynamic, interactive sessions. The ADA Symposium is also designed to bring together the many different groups that work with or are affected by the ADA in their work and daily lives to network, problem solve, and share solutions.
A number of sessions address the issues that are critical to full inclusion and the quality of life for people with disabilities and their family members. Emergency preparedness, effective communication, advocacy, transportation, health care, and the complaint process are examples of the issues covered during the National ADA Symposium.
A main feature of the ADA Symposium is the opportunity to learn directly from the federal agencies that both write the regulations and enforce the ADA. Representatives from the U.S. Department of Justice, the EEOC, and the U.S. Access Board routinely present at the National ADA Symposium. All participants will receive a USB Flash Drive containing materials from all sessions!
Register online at www.adasymposium.org by May 19th!
Department of Labor Unveils New Online “Disability Nondiscrimination Law Advisor”
The U.S. Department of Labor today unveiled a new tool to help America's employers ensure their employment policies and practices do not discriminate against qualified individuals with disabilities.
"Today, we made it easier for employers of all sizes to access the talents of the 36 million Americans with disabilities," said Assistant Secretary of Labor for Disability Employment Policy Kathleen Martinez. "By providing this interactive and easy-to-use online tool, both workers and employers can readily access and understand their rights and responsibilities under our federal disability nondiscrimination laws."
The online Disability Nondiscrimination Law Advisor, available at http://www.dol.gov/elaws/odep.htm, helps employers quickly and simply determine which federal disability nondiscrimination laws apply to their business or organization and their responsibilities under them. It asks users to answer a few relevant questions in order to take into account relevant variables, such as nature of organization, size of staff and whether the business or organization receives federal financial assistance. Based on the responses provided, the advisor then generates a customized list of federal disability nondiscrimination laws that likely apply, along with easy-to-understand information about employers' responsibilities under them. Read More.
Survey on Accessibility and Usability of Wireless Technology
The Rehabilitation Engineering Research Center (RERC) for Wireless Technologies is conducting a survey on the use and usability of wireless technology by people of all abilities. It would be especially helpful if members and friends of the CIL community would take a few minutes to complete the short survey. The data collected is used to inform the wireless industry and government regulators of the needs of people with disabilities so that wireless devices and services are made more accessible.
You can take the survey online at: http://www.wirelessrerc.org/for-consumers/survey-of-user-needs.html. If you prefer to take the survey over the phone, you can call John Morris toll-free at 1-800-582-6360.
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May 17, 2010