1) What’s Happening in the Nation’s Capital?
National Healthcare Reform Call-In Day Tomorrow! Join Thousands of Advocates Demanding Action!
2) National News
Major Settlement Will Ensure That People with Disabilities Have Better Access to Housing
Healthcare Reform Dealt a Significant Setback, But Battle Wages On
A Disability Perspective on the Issue of Physician Assisted Suicide
3) State News
ACLU Joins Fight for 5 Year Old Michigander’s Right to Bring Service Dog to School
Schwarzenegger Proposes Elimination of California’s In-Home Supportive Services
4) Announcements and Additional Resources
SSA Releases New Online Disability Application Process
Nominate a Hero from Our Community for the Citizens Medal!
Mark Your Calendar: 2009 Organizer's Forums
National Healthcare Reform Call-In Day Tomorrow! Join Thousands of Advocates Demanding Action!
Call your Senators and Representatives toll-free: 1-800-828-0498 (thanks to Families USA!).
Tuesday, January 26, has been selected as a National Call-In Day for people with disabilities and older adults to contact their Members of Congress and tell them that healthcare reform should be passed as soon as possible. Members of Congress need to hear from you now about the need to pass real healthcare reform that includes the CLASS Act and Community First Choice Option.
Use the toll-free number above or call the Capitol switchboard at (202-224-3121) to reach the Washington office of your Representative and two Senators. NCIL also recommends that you call their local district offices. Find your Senators and Representative. Every Representative and Senator, of both parties, must hear this message:
“The time is NOW for Congress to pass meaningful healthcare reform that includes the CLASS Act and improvements in Medicaid home and community based services. All Americans deserve meaningful reforms in healthcare and long-term care that are within reach.”
Healthcare reform has taken a dramatic turn over the course of the last week. This is a chance for the grassroots disability community to flex some muscle and tell Congress that reform is still possible and must be achieved. Be a part of the wave that brings reform back and moves Congress to get this done!
If you have questions about this alert, or about reform in general, contact NCIL Policy Analyst, Jason Beloungy at 202-207-0334 (toll-free 1-877-525-3400), ext. 1008 or by email at jason@ncil.org.
Major Settlement Will Ensure That People with Disabilities Have Better Access to Housing
Source: civilrights.org, posted by Beth Sadler
In a landmark settlement announced this week, the National Fair Housing Alliance (NFHA) and its member organizations reached an agreement with A.G. Spanos Companies to increase housing accessibility for people with disabilities. It is the largest fair housing settlement relating to people with disabilities to date, according to NFHA.
The agreement requires Spanos, the fifth largest residential real estate developer in the United States, to retrofit apartments in 11 states with accommodations for people with limited mobility. Spanos will also contribute multi-million dollar funding both locally and nationally to provide other supports and compensations for its residents and others with disabilities.
Fair Housing advocates welcomed the agreement. "Building accessible housing from the start will protect the civil rights of those with disabilities and ultimately save hundreds of thousands of dollars," said David Baade, the executive director of the Fair Housing Continuum in Melbourne, Florida.
The agreement is the result of a 2007 case filed by NFHA charging that thousands of Spanos apartment units violated the Fair Housing Act (FHA). The FHA requires that multi-family apartments and common areas be accessible to people with disabilities. Spanos apartments violated a number of regulations including a lack of floor space to accommodate wheelchairs and inaccessible outlets.
With 54 million Americans suffering from some form of disability, this settlement marks the growth of a vital relationship between fair housing advocates and the real estate industry to provide fair housing to people with disabilities.
Healthcare Reform Dealt a Significant Setback, But Battle Wages On
Last Tuesday, voters in Massachusetts sent Republican State Senator Scott Brown to the U.S. Senate, filling a seat held by the late Senator Edward Kennedy. While the reasons for the victory are debatable, the effects are undoubtedly significant. The victory ends the Democratic “super-majority” that has been in effect since the seating of Senator Franken of Minnesota. With 58 Democrats and two Independents who caucus with the Democrats, the Majority Party had 60 Senators who could overcome the overwhelming barrage of Republican filibusters.
With healthcare reform legislation, the super-majority made it possible for the Senate to pass reform into the conference process, where the two bills were being merged into one. Their plan was to create one bill that could be passed by both the Senate and the House. The Senate would have needed all 60 votes to overcome the expected Republican Filibuster. With the Brown victory, this is no longer an option. The following options are being debated by Leadership in the House and Senate:
- End It: This is the simplest option and is suggested by pessimists and people with ties to industries that stand to benefit from its defeat. There are some Democrats who view passage of reform as their end of service in Congress, due to its unpopularity by much of the general public. NCIL feels that this is the worst option, as there are positive aspects to each of the bills passed.
- Start Over: The Republicans (and a few Democrats) feel this is the way to go. Republicans claim that they have been shut out of the process, despite the host of Republican amendments accepted in both Chambers. One problem with starting over is time. The legislative calendar is shortening and there other priorities, such as the economy, need attention. A new bill would require bipartisan support, which means it would likely look far different than current versions. NCIL has serious concerns that many of the priorities of the disability community that are included in the current bill would be neglected or absent in a future bill.
- Pass a Watered-Down Bill: This option is likely simpler than starting over, but would simply axe any contentious provisions, such as mandates, subsidies, and even long-term care provisions. The bill would be very basic and only cover some market reforms and a few other provisions supported by a vast majority. Many of the provisions that advocates have fought for would be ripe for the chopping block with a watered down bill.
- Splitting the Bill Up: Leadership could separate popular provisions into separate bills, which would be a lengthy process. It would have to be determined which provisions would pass; the provisions would be drafted into separate bills, and then passed individually through each Chamber. There would likely be disagreements between the Chambers that would have to be sorted out during the drafting and the legislative processes.
- Pass the Senate Bill in the House, then Make Changes during the Budget Reconciliation Process: A more popular idea with Democrats and supporters of reform is for the House to pass the bill, “as-is” because it would not require the Senate to vote on specific provisions again. The House would need assurances that some of the things they hoped to achieve in conference will be included in a Budget Reconciliation Bill. The concern with this option is that only items that affect the Federal Budget in a positive or negative manner can be addressed. Items not included in the Senate bill and those that not affect the budget would have to be passed separately. However, the Community First Choice Option and the CLASS Act are already included in the Senate Bill. If the House chose to pass that bill, it would then be signed into law by President Obama. Only 50 votes would be needed to approve reform through the reconciliation process, making the chances of passage of other reforms and improvements to the Senate bill more likely. NCIL supports this option as a positive way to enact reform.
- Make Changes during the Budget Reconciliation Process, Then Pass the Senate Bill in the House: This is essentially the same as the previous option. However, many in the House are skeptical that the Senate would go through with improvements or additions to their bill if it were passed in the House. Many Representatives want to see the improvements before passing the Senate bill. This process has the same benefits as the previous option.
NCIL strongly supports the passage of meaningful healthcare and long-term care reform, and feels that the Leadership in Congress has the tools to make reform a reality. NCIL urges its membership to participate in the national call-in day tomorrow (see above alert), and urge the Congress to pass reform. If you have questions about the healthcare reform process or provisions, contact NCIL Policy Analyst Jason Beloungy at 202-207-0334 (toll-free: 1-877-525-3400), ext. 1008 or by email at jason@ncil.org.
A Disability Perspective on the Issue of Physician Assisted Suicide
The Disability and Health Journal has released its latest edition, which is uncharacteristically available to the public. Entitled “A Disability Perspective on the Issue of Physician Assisted Suicide,” this issue features articles from many of the most knowledgeable and passionate advocates on the subject, including NCIL’s own Glen White, as well as Marilyn Golden, Carol J. Gill, Diane Coleman, and several other authorities on the subject. It features the following articles:
- The Oregon Death with Dignity Act: Results of a literature review and naturalistic inquiry
- Killing us softly: the dangers of legalizing assisted suicide
- No, we don't think our doctors are out to get us: Responding to the straw man distortions of disability rights arguments against assisted suicide
- Assisted suicide laws create discriminatory double standard for who gets suicide prevention and who gets suicide assistance: Not Dead Yet Responds to Autonomy, Inc.
- Reflections on the debate on disability and aid in dying
- Public health, populations, and lethal ingestion
Read the issue in full.
ACLU Joins Fight for 5 Year Old Michigander’s Right to Bring Service Dog to School
Source: Jackson Citizen Patriot, by Claire Cummings
Ehlena Fry, 5, sits next to Wonder, a mobility assistance dog trained to help her gain more independence since she has limited mobility because of cerebral palsy. The American Civil Liberties Union of Michigan said today that Napoleon Community Schools is breaking the law by not allowing a 5-year-old student with cerebral palsy to attend school with her mobility assistance dog.
The organization sent a four-page letter to Superintendent Jim Graham, Ezra Eby Elementary School Principal Pam Barnes and Richard Rendell, director of special education for the Jackson County Intermediate School District, requesting a meeting to "resolve this matter, rather than pursue costly and time consuming litigation."
"To force a 5-year-old girl with cerebral palsy to choose between her independence and her education is not only illegal, it is heartless," said Michael J. Steinberg, ACLU of Michigan legal director. "For 20 years, the Americans with Disabilities Act has ensured that individuals with disabilities are guaranteed the same rights and access as everyone else, a value that seems to be lost on the Napoleon school district."
The district has not allowed Wonder, a medically prescribed, certified service dog, to attend school with Ehlena Fry based on the recommendation of an 11-member team who handles her individualized special-education plan. "Through the IEP process, the team concluded that Ehlena's educational needs were being met with the full-time aide that she had on a daily basis," Graham said Thursday.
Ehlena's parents disagreed with that decision, Graham said, and both they and the district agreed to attend mediation, a part of the official appeal process that uses a third party from the state Department of Education to negotiate an agreement. A mediation session is scheduled for Monday. If the issue is not resolved, the next step is due process. After that, it would be pursued in the courts. Read More.
Schwarzenegger Proposes Elimination of California’s In-Home Supportive Services
Source: Sacramento Bee, by Anita Creamer (Excerpted)
About 22,000 low-income elderly and disabled Sacramento County residents are in the middle of a fight over state finances. As part of his budget plan, Gov. Arnold Schwarzenegger has proposed eliminating IHSS, the state's fastest growing social services program, which pays caregivers to help [people with disabilities and seniors].
With the graying of the population, IHSS enrollment has soared, and so has its price. Founded in 1973, the program serves 400,000 Californians and will cost an estimated $1.5 billion this year.
Last year the governor also proposed eliminating the program, but a political and legal fight instead resulted in deep cuts. With more cuts, or the program's elimination, on the horizon, administrators are scrambling to find alternatives. So far they've found none. "There isn't anything being offered as an option. There are no options," said Sharon Rehm, who helps manage IHSS in Sacramento County.
In part, said Sacramento County Senior and Adult Services division chief Bernadette Lynch, that's because previous rounds of budget cuts have de-funded a network of services that could have helped IHSS clients. Already on the list of slashed programs are adult day services, the Older Adult Resource Center and an Adult Protective Services program that trained mail carriers to watch out for vulnerable seniors living at home.
What's more, Lynch said, the county's senior nutrition program is set to lose funding on July 1. "Maybe churches could step up in a minimal way, but they can't step up for everybody," said Lynch. "They can't plug all the gaps." And nonprofits, still reeling from the recession's negative effects on donations, won't be able to plug the gaps, either, said Tim Hodson, executive director of the Center for California Studies. "It was a myth to think that the nonprofit sector could replace government," he said.
Without IHSS, many current clients would be forced to move to [nursing facilities] that accept Medi-Cal patients. At an average expense of $55,000 a year, nursing homes cost five times as much per IHSS client. Read More.
SSA Releases New Online Disability Application Process
Source: Aviva Sufian, Acting Associate Commissioner for External Affairs, Social Security Administration
A change has been made to the online application process affecting professionals, representatives, and organizations that assist others with online filing for Social Security disability benefits. As of January 23, 2010, all new disability applications will be made through an enhanced version of the Internet Adult Disability Report. This will replace the Adult Disability Report–PRO for new applications only.
The transition to the enhanced application should not be difficult for those who have previously used the PRO. However, SSA encourages you to mark your calendars and participate in a webinar they will host on February 11, at 2:00 p.m. The webinar will walk you through the new online process and will highlight the changes they have made. A formal invitation for the webinar will be released in a few weeks.
Please note that you can continue to use the existing Adult Disability Report-PRO version for any disability report you have already started but not yet completed. Anyone attempting to access the Adult Disability Report-PRO to begin a new application after January 23 will be automatically redirected to the enhanced version at www.socialsecurity.gov/disabilityreport.
Editor's Note: In a related story, check out the new "twist campaign" by SSA featuring Chubby Checker, which claims to makes it easier to qualify for extra help with Medicare prescription drug plan costs, and streamline the application process for state-based Medicare Savings Programs. Watch the video, then read the press release.
Nominate a Hero from Our Community for the Citizens Medal!
Source: First Lady Michelle Obama, the White House
For over 40 years, the President of the United States has awarded the Citizens Medal - the second highest civilian honor in our nation - to Americans who have "performed exemplary deeds of service for their country or their fellow citizens."
Now for the 2010 Citizen's Medal, the White House is opening up the process to include an exciting source of nominations: you. President Obama is inviting the American public to nominate candidates he should consider for the Presidential Citizens Medal - truly making this an honor of, by, and for the American people.
Who has inspired you? Whose selfless dedication to service has touched your life or the lives of others? Watch the President explain the program in this web video and then nominate an unsung hero from your community.
Past winners of this prestigious honor have included respected public figures like Colin Powell, Bob Dole and Rosa Parks, as well as everyday heroes like Oseola McCarty, a washerwoman who left her entire life savings to establish a scholarship for students in need. As you can tell, the bar is set pretty high -- only a handful of nominees will be chosen, so be sure to read the criteria closely and make the best case you can for your nominee.
This year, the President will be looking for several qualities in the special few he honors: people who have demonstrated a commitment to service in their own community or in communities farther from home; who have helped their country or their fellow citizens through one or more extraordinary acts; whose service relates to a long-term or persistent problem; or whose service has had a sustained impact on others' lives and provided inspiration for others to serve. While many Americans work every day to serve others, this year's Citizens Medal will specifically honor those who have shown exemplary service to help others outside of their normal jobs.
Take a moment to nominate that everyday hero for the Presidential Citizens Medal and help honor his or her unwavering commitment to service. Nominations will be reviewed by White House staff. The most compelling of these nominations will be sent to the President for his final decision. Then late this spring, Citizens Medal recipients will be invited to receive their awards in a ceremony at the White House.
Mark Your Calendar: 2009 Organizer's Forums
Source: JFAAN Organizing Workgroup
The Organizer's Forum, hosted by the Organizing Workgroup of the Justice For All Action Network, is a monthly call designed to share resources about organizing in the disability community. Each call has 3 experts on a topic related to organizing in the disability community who each speak on their experiences, followed by time for questions and answers.
Mark your calendar for the 3rd Tuesday of every month at 1:00 pm Eastern. The call-in number is 712-432-0080 code 193134#. Topics are as follows:
- February 16: Media - How to build relationships with local media outlets, develop an op-ed, hold a press event, etc.
- March 16: Organizing State Coalitions - How to develop strong statewide networks
- April 20: Action strategizing - How to run an action that gets results
- May 18: Outreach and recruitment - How to reach out to and involve people with disabilities
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January 25, 2009