1) What’s Happening in the Nation’s Capital?
Job Bias Claims Set New Record on Disability Surge
2) National News
HUD, HHS Announce Joint Effort to Assist 1,000 Non-Elderly Persons with Disabilities Move from Institutions to Independence
Sebelius Shuffles Insurance Oversight Office into CMS, Shifts CLASS Act To Administration on Aging
3) State News
Anonymous Video Sparks Investigation into Rape of L.A. Women with Disabilities
Texas Budget Shortfall Gives Hope to Disability Rights Advocates
4) Announcements and Additional Resources
Survey: Cost-Benefits of Providing Workplace Accommodations
DOJ Seeks Public Comment on Development of New ADA Regulations on Equipment and Furniture: Your Comments Urgently Needed by January 24
Free Webinar: Emergency Preparedness for Farmers, Ranchers and other Rural Residents with Disabilities
Job Bias Claims Set New Record on Disability Surge
Source: AP
Federal job bias complaints climbed to record levels last year, led by a surge in workers claiming discrimination based on disability. The Equal Employment Opportunity Commission says charges of disability discrimination rose by about 17 percent.
Overall, the agency received nearly 100,000 claims during the 2010 fiscal year. That's a 7 percent increase and the highest number in its 45-year history.
The spike in disability claims began in the months after Congress approved changes to the Americans with Disabilities Act in 2009. The changes made it easier for people with treatable conditions like epilepsy, cancer or mental illness to claim they are disabled.
Discrimination claims increased in other categories too. Race discrimination claims rose 7 percent, while retaliation claims jumped 8 percent.
HUD, HHS Announce Joint Effort to Assist 1,000 Non-Elderly Persons with Disabilities Move from Institutions to Independence
Source: HUD
In June of 2009, in recognition of the 10th anniversary of the Supreme Court’s Olmstead decision, President Obama announced the “Year of Community Living”, a year-long effort dedicated to his vigorous commitment to enforcement of civil rights for Americans with disabilities and to ensuring the fullest inclusion of all people in the life of our Nation.
The Olmstead decision, issued in July 1999, requires states to administer services, programs, and activities "in the most integrated setting appropriate to the needs of qualified individuals with disabilities."
In support of the president’s efforts, Kathleen Sebelius, Secretary of the Department of Health & Human Services (HHS) and Shaun Donovan, Secretary of the Department of Housing & Urban Development (HUD) jointly announced that they would support and encourage their agencies to begin to work more closely on policies and programs that would increase community living opportunities for persons with disabilities.
Also participating in the announcement was Kelly Buckland of the National Council on Independent Living (NCIL). Many of NCIL’s members work closely with Medicaid agencies and public housing authorities to make community living possible for thousands of Americans with disabilities.
Continuing the work of the ”Year of Community Living” under the “Community Living Initiative”, on October first of this year HUD awarded forty three hundred (Category I) vouchers, totaling more than $33.5 million dollars, to 20 States and the District of Columbia to help support individuals with disabilities that are at risk of institutionalization to remain in the community.
Today, we are pleased to announce the award of nearly one thousand additional (Category II) vouchers to 15 States to support individuals who are currently institutionalized in long term care settings such as nursing homes and other institutions, to return to the community and receive the necessary supports to live as independently as possible. Read more and see the awardees (PDF).
Sebelius Shuffles Insurance Oversight Office into CMS, Shifts CLASS Act To Administration on Aging
On January 6, Health and Human Services Department Secretary Kathleen Sebelius announced the department’s plan for the Community Living Assistance and Services and Supports (CLASS) Act within the Administration on Aging, reports the National Association of Nutrition and Aging Services Programs.
Source: Kaiser Health News
The reorganization places the HHS Office of Consumer Information and Insurance Oversight (OCIIO) under the control of CMS Principal Deputy Administrator Marilyn Tavenner. OCIIO's current director, Jay Angoff, will serve as an adviser in the HHS Office of the Secretary, advising Sebelius on policy issues pertaining to provisions handled by OCIIO.
The changes come amid growing doubts about how the Obama administration can fund implementation of the law in a new session of Congress given the many new Republican members who are hostile to the law. But the HHS source said the staff changes do not stem from the more difficult funding environment and said Sebelius, who served as insurance commissioner and later as governor in Kansas, has always sought ways to manage more efficiently.
Anonymous Video Sparks Investigation into Rape of L.A. Women with Disabilities
Source: CNN, by Michael Martinez and Casey Wian, CNN
Investigators have identified two men shown in a video apparently sexually assaulting [women with significant disabilities] in a care home and other places, Los Angeles Country sheriff's detectives told CNN Friday. One suspect is Bert Hicks, 41, who is now serving a state prison sentence in Tehachapi, California, for fiduciary crimes, abuse and sexual assault in a residential care facility, said sheriff's Detective Ron Anderson.
Hicks allegedly took a [woman with a significant disability] to Las Vegas, married her and then brought her back to the care facility, where she was repeatedly sexually assaulted by other men, Anderson said. Authorities don't know if the crimes Hicks was convicted of are the ones depicted on video, Anderson said.
Sheriff's investigators announced their investigation into the video Thursday, when they issued a public appeal for help because the video was mailed to them by an anonymous tipster.
City of Los Angeles police detectives saw Thursday's media coverage and told the sheriff's office that they could identify two of the four suspects shown in composite sketches, Los Angeles County Sheriff's Sgt. Dan Scott told CNN.
Hicks and the other suspect were under investigation by Los Angeles police in 2007 and 2009 cases, Scott said. The other suspect identified by Los Angeles police was never charged because of a lack of evidence, but authorities know where he is, Scott said.
The 13 DVDs mailed by the anonymous tipster to the sheriff last March contain more than 100 hours of video of at least 10 men apparently sexually assaulting at least eight [women with significant disabilities] in a care home and several other locations, according to Scott and Anderson. Read the rest of the article and an update.
Texas Budget Shortfall Gives Hope to Disability Rights Advocates
Source: Texas Tribune / NY Times, by Emily Ramshaw
Disability rights advocates try year after year to persuade lawmakers to close Texas’ state-supported living centers, the large, institutional-care settings that the United States Justice Department has monitored for dangerous conditions. Every time, their efforts have been rebuffed — by the adamant parents who rely on the facilities to care for their loved ones and by the lawmakers who count on the centers as economic drivers in their districts.
This session, advocates say they have a big plus in their column: the state’s giant budget crunch. They hope lawmakers, facing an estimated $15 billion to $28 billion shortfall, will have to shutter some of the centers, which cost Texas $500 million a year to operate.
“Does this economic reality make it easier for legislators to do it? I sure hope so,” said Amy Mizcles, governmental affairs director for The Arc of Texas, which wants people with disabilities to receive community-based care. “We keep hearing this fiscal-responsibility mantra. We have a real opportunity to provide better quality care in a much less expensive setting.”
So far, there is little evidence that state officials will take this course. State Senator Steve Ogden, Republican of Bryan, the key Senate budget writer who has been most open to downsizing the state schools, declined to comment.
Meanwhile, the Department of Aging and Disability Services, which operates the centers, said it was prohibited by state law from closing any of the state-supported living centers without legislative direction. “We can’t,” said Cecilia Fedorov, a spokeswoman for the department. “But that doesn’t mean the Legislature can’t.”
Even with the budget shortfall, advocates for community-based care are not optimistic. Since state leaders ordered agencies to trim their budgets to help close the gap, the Department of Aging and Disability Services has recommended cutting new community-based care slots and slashing Medicaid reimbursement rates for workers at nursing homes, group homes and in-home facilities. Read More.
Survey: Cost-Benefits of Providing Workplace Accommodations
As part of a Work RERC project, the Burton Blatt Institute (BBI) at Syracuse University is conducting a study to look at the long-term costs and benefits of providing accommodations to employees.
This study builds off of a previous company case-study project that was sponsored by ODEP. A research consortium lead by BBI, and including the Work RERC, examined corporate policies and practices, including how workplace accommodations were provided. Study participants indicated that workplace accommodations generally had no- to low-cost. Benefits included greater productivity and working hours. However, participants also indicated that there were indirect costs (e.g., training, coworker effort) and benefits (e.g., reduced turnover, improved safety) associated with implementing some accommodations. The current study is attempting to determine both direct and indirect costs and benefits of accommodations. This will help us to better assess the costs, benefits, and utility of workplace accommodations and understand what organizational policies, practices, and cultures lead to successful use of accommodations.
For the current study, we want to gather information from both the employee and employer perspective. Therefore, we are interested in hearing about the experiences of employees who have asked for an accommodation, as well as from people who have implemented accommodation for their employees. For questions about this research, contact: BBISurveyteam@syr.edu.
Learn more about the research and participate in the survey.
DOJ Seeks Public Comment on Development of New ADA Regulations on Equipment and Furniture: Your Comments Urgently Needed by January 24
Source: Disability Rights Education & Defense Fund (DREDF) and other disability rights organizations
The U.S. Department of Justice published four Advance Notices of Proposed Rulemaking (ANPRMs) on July 26, 2010, seeking public comment on the development of regulations under the Americans with Disabilities Act (ADA) in new areas, including various kinds of equipment and furniture. Many are critical to the everyday lives of people with disabilities:
- Medical Equipment and Furniture
- Electronic and Information Technology such as ticket kiosks and point-of-sale devices
- Beds in Accessible Guest Rooms and Sleeping Rooms
- Exercise Equipment and Furniture
- Accessible Golf Cars
- Beds in Nursing Homes and Other Care Facilities
- Other Types of Equipment and Furniture
It is important for DOJ to receive comments from the disability community urging strong regulation to provide genuine full and equal access. Your stories are needed! There is extensive guidance to assist you at DREDF's website. DREDF's model comments can help you write your own comments. There is also helpful information onhow to file your comments and tips on commenting.
Important: Your comments will have the most impact if you revise our drafts to add your own thoughts, and especially your own personal experiences or those of friends, family, colleagues, or clients with disabilities. See all the DOJ ANPRMs at www.ada.gov/anprm2010/anprm2010.htm. There are also ANPRMs on access to the Internet, movie captioning and video description, and Next Generation 911 services.
Free Webinar: Emergency Preparedness for Farmers, Ranchers and other Rural Residents with Disabilities
February 24, 2011; 3:00 p.m. EST; 2:00 p.m. CST; 1:00 p.m. MST; 12:00 p.m. PST
Farmers/ranchers, family members, and other rural residents with disabilities are especially vulnerable to emergencies and disasters because of restricted physical abilities and greater physical isolation from neighbors and emergency services. This webinar will provide an overview of this broad topic and serve as part of a larger, ongoing dialog on emergency preparedness for this population group.
Join the National AgrAbility Project for this free webinar that explores such topics as:
- Developing emergency preparedness plans and support networks
- Sheltering and other aspects of dealing with severe weather
- Fire emergencies in homes, out-buildings, and machinery
- Mental health and stress issues in emergencies
- Other resources available for emergency management
Our Presenters:
Gail Deboy holds a Ph.D. in mechanical engineering, farmed for 27 years, and is Project Engineer for the National AgrAbility Project. He was also an EMT for ten years, worked for Purdue University's Homeland Security Program, and wrote curriculum materials for Purdue's Agrosecurity course.
Steve Wettschurack is currently the Certified Farm Accident Rescue Instructor at Purdue University. His background includes 35 years of volunteer fire department service, 25 years as an EMT, and 13 years as Director of Homeland Security in Tippecanoe County, Indiana, where he developed county-wide disaster and preparedness plans and served on the preparedness and planning group for the Indiana Department of Homeland Security.
A question & answer period will follow the presentation. To participate in this free webinar, email agrability@agrability.org by February 18 and simply put the word "Webinar" in the subject line. Instructions for accessing the session will be sent to registrants by February 22. Feel free to pass on this invitation to others you believe may be interested. Contact AgrAbility at 800-825-4264 if you have questions.
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January 12, 2011