Seven Hospitals in Six States to Pay U.S. More Than $6.3 Million to Resolve False Claims Act Allegations Related to Kyphoplasty

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Seven hospitals located in Florida, Mississippi, Texas, South Carolina, North Carolina and Alabama have agreed to pay the United States a total of more than $6.3 million to settle allegations that the health care facilities submitted false claims to Medicare, the Justice Department announced today.

The settlements resolve allegations that these hospitals overcharged Medicare between 2000 and 2008 when performing kyphoplasty, a minimally-invasive procedure used to treat certain spinal fractures that often are due to osteoporosis. In many cases, the procedure can be performed safely as a less costly out-patient procedure, but the government contends that the hospitals performed the procedure on an in-patient basis in order to increase their Medicare billings.

"Hospitals that participate in the Medicare program must bill for their services accurately and honestly," said Tony West, Assistant Attorney General for the Department’s Civil Division. "The Department of Justice is committed to ensuring that Medicare funds are expended appropriately."

Full Department of Justice Press Release

Access To Medical Care For Individuals With Mobility Disabilities

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The Department of Health and Human Services and the Department of Justice have developed guidance on accessibility to medical care for individuals with mobility impairments. Below is the table of contents from the document.

Accessibility of doctors’ offices, clinics, and other health care providers is essential in providing medical care to people with disabilities. Due to barriers, individuals with disabilities are less likely to get routine preventative medical care than people without disabilities. Accessibility is not only legally required, it is important medically so that minor problems can be detected and treated before turning into major and possibly life-threatening problems.

The Americans with Disabilities Act of 1990 (ADA) is a federal civil rights law that prohibits discrimination against individuals with disabilities in every day activities, including medical services. Section 504 of the Rehabilitation Act of 1973 (Section 504) is a civil rights law that prohibits discrimination against individuals with disabilities on the basis of their disability in programs or activities that receive federal financial assistance, including health programs and services. These statutes require medical care providers to make their services available in an accessible manner.

This technical assistance publication provides guidance for medical care providers on the requirements of these statutes in medical settings with respect to people with mobility disabilities, which include, for example, those who use wheelchairs, scooters, walkers, crutches, or no mobility devices at all individuals with disabilities are generally the same as those required under Section 504.


Table of Contents

PART I: OVERVIEW AND GENERAL REQUIREMENTS
PART 2: COMMONLY ASKED QUESTIONS
PART 3: ACCESSIBLE EXAMINATION ROOMS
PART 4: ACCESSIBLE MEDICAL EQUIPMENT

	Read/Download Mobility Impairments Guidance

"Forced Institutionalization of People With Disabilities Is Illegal" - DOJ and Federal Court Ruling

Steve Gold's Information Bulletin #317 (6/2010)    

By Gail Zoppo - Jun 25, 2010 reprinted from DiversityInc.

The U.S. District Court in Jacksonville, Fla., ruled this week that Michele Haddad must be provided with services that will allow her to stay in her home. Haddad, who has a spinal-cord injury caused by a motorcycle accident with a drunk driver three years ago, was at risk of being forced into a nursing home because of changes in her caregiver situation. Although the 49-year-old woman has been on the waiting list for Medicaid community-based waiver services for two years and had alerted the state of her need, she was told that the requested services would only be available if she was admitted to a nursing home for 60 days.

In Haddad v. Arnold, the plaintiff argued that she would suffer irreparable harm if forced to enter a nursing home.

The court agreed, ordering the state to offer Haddad community-based services. The reason: Segregating people with disabilities is a form of discrimination, as found in Olmstead v. L.C. This landmark disability-rights decision determined that isolating people with disabilities in institutional settings deprives them of the opportunity to participate in their communities, interact with individuals who don't have disabilities and make daily choices. The ruling also acknowledged that unnecessary institutionalization stigmatizes people with disabilities.

The Olmstead decision, which marks its 11th anniversary this week, is not the first such case that the U.S Department of Justice has filed briefs. The DOJ is involved in several other cases in Illinois and New Jersey, as part of its mission to end discrimination against people with disabilities.

"In the Olmstead case, the court recognized that the unnecessary segregation of individuals with disabilities stigmatizes those individuals as unworthy of participation in community life," stated Assistant Attorney General for the Civil Rights Division Thomas E. Perez. "By supporting Ms. Haddad in this case, we seek to ensure that individuals with disabilities can receive services in the most integrated setting appropriate, where they can participate in their communities, interact with individuals who do not have disabilities and make their own day-to-day choices."

The Department of Justice's involvement in these cases reinforce the Obama administration's national efforts to protect the rights of all people.

"This work is a priority for the Civil Rights Division, and we are committed to aggressive enforcement of Olmstead so that we can build upon progress made over the last 11 years," said Perez earlier this week. "But our work is only one piece of a larger, administration-wide effort to make the promise of Olmstead a reality for individuals with disabilities nationwide. Real reform requires a holistic approach. As a lifelong public servant, I recognize that the most vexing problems a government faces are those that require unprecedented interagency collaboration and coordination. The unnecessary and illegal institutionalization of individuals with disabilities who would be better served, and better able to contribute to their communities, if they were provided services in integrated settings, is one of those problems."
   
Disability Advocates:

    Are there Michele Haddad's in your States?

Steve Gold, The Disability Odyssey continues

Back issues of other Information Bulletins are available online at
http://www.stevegoldada.com with a searchable Archive at this site divided into different subjects. 

To contact Steve Gold directly, write to stevegoldada@cs.com or call
215-627-7100.

--
Steve Gold, The Disability Odyssey continues

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HHS Secretary Kathleen Sebelius and U.S. Attorney General Eric Holder Send Letter to State Attorneys General On New Outreach and Education Efforts to Combat Medicare Fraud

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WASHINGTON - U.S. Secretary of Health and Human Services Kathleen Sebelius and Attorney General of the United States Eric Holder sent a letter to state attorneys general urging them to work with HHS and federal, state, and local law enforcement officials to mount a substantial outreach campaign to educate seniors and other Medicare beneficiaries about how to prevent scams and fraud beginning this summer. The outreach campaign is another step in the ongoing work of the Health Care Fraud Prevention Enforcement Action Team (HEAT), a cabinet-level initiative launch by HHS and DOJ in May 2009.

“We are heading into the week when our first tax-free $250 donut hole rebate checks will be mailed out to Medicare beneficiaries who have fallen into the coverage gap. Accordingly, we are especially concerned about fraud and increased activity by criminals seeking to defraud seniors – and we are seeking your help to stop it,” said Secretary Sebelius and Attorney General Holder in the letter. “Building on our record of aggressive action, we will use the new tools and resources provided by the Affordable Care Act to further crack down on fraud.”

In the letter, the Secretary and Attorney General outline education and outreach efforts where state attorneys general could make a big difference. These include efforts to cut the improper payment rate, which tracks fraud, waste and abuse in the Medicare Fee for Service program, in half by 2012; a series of regional fraud prevention summits around the country over the next few months; regular health care fraud task force meetings to facilitate the exchange of information with partners in the public and private sector, and to help coordinate anti-fraud effort; HHS’s plans to double the size of the Senior Medicare Patrol and to put more boots on the ground in the fight against Medicare fraud; and a new educational media campaign this summer to educate Medicare beneficiaries about how to protect themselves against fraud.

DOJ, Olmstead, ADA and Your State. Information Bulletin #313 (6/2010)

The United States Department of Justice recently filed a brief in the case Haddad v. Arnold in the U.S. District Court for the Middle District of Florida. Because many of the arguments Florida raised as its ADA defense are similar to what occurs in your State, we want to share some of the DOJ positions.

Ms. Haddad is a woman with quadriplegia who had applied for Medicaid waiver services several years ago, who was placed on a "wait list," who was at risk of being institutionalized, and who does not want to go into a nursing home. Here is what DOJ wrote:

*  "The ADA stands entirely apart from the Medicaid Act and establishes <  its own independent requirement that, when a state provides any services to individuals with disabilities, it must do so in the most integrated setting appropriate to the individuals' needs unless doing so would fundamentally alter the nature of the service."    A state can establish a fundamental alteration defense by demonstrating it has, quoting Olmstead, a "comprehensive, effectively working plan for placing persons with ...disabilities in less restrictive settings, and a waiting list that moved at a reasonable pace not controlled by the State's endeavors to keep its institutions fully populated."

*  With regards to a "comprehensive, effectively working" plan, DOJ   explained: "Defendants point to no evidence of the plan's ...   implementation date ... or stated any measurable goals for the   deinstitutionaliztion of persons with disabilities.  Instead, in a   piecemeal and post hoc fashion, the Defendants offer a parade of   affiants outlining the [existing] Florida Medicaid program's various   Medicaid Waivers. This evidence falls far short of what is required to   demonstrate that a state has a comprehensive, effectively working plan."

*  With regards to a waiting list that moved at a reasonable pace, DOJ   noted three elements:

    1.  TBI/SCI Waiver "has remained capped at 375 persons and will  remain at this cap until at least 2012," the final year of the  waiver application.

    2.  "any assessment of the relative merits of a state's effort to deinstitutionalize individuals with disabilities must be viewed not in dollar' terms, but in actual evidence that the plan is  effectively ... preventing [individuals with disabilities] from becoming a risk of institutionalization."

    3.  Such "actual evidence" requires "measurable evidence of  expansion' in view of the number of individuals on the TBI/SCI waiting list, or the length of time that these individuals remain on the waiting list."

*  With regards to an individual jumping the line or displacing people,   DOJ pointed out that Ms. Haddad was not "circumventing" any procedures,  but she "had in fact followed these procedures, but her efforts were to  no avail. Ms. Haddad remains on the waiting ist despite her first joining it in 2007."

*  DOJ concludes that "Ms. Haddad's request -- that the state provide her   with less-costly community-based services, without requiring her to   first enter a nursing home... -- is eminently reasonable."

DISABILITY ADVOCATES:

Each of these principles apply to your State - no "measurable goals," capped number of person in waivers that are not expanded even though there are waiting lists, "actual evidence" that the "plan" both  deinstitutionalizes and prevents unnecessary institutionalization, and "measurable ... expansion" in comparison to the numbers on a waiting list.

This DOJ brief fully comports with its arguments in its amicus brief in Disability Advocates, Inc. v. Paterson, 633 F. Supp.2d 184 (E.D.N.Y. 2009).

The ball is now in your backyard!  It's been 11 years since the Supreme Court issued the Olmstead decision.

Steve Gold, The Disability Odyssey continues

DEFENDING OUR FREEDOM: ADAPT's Call to Action for Home and Community in America. (2/2010)

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by Steve Gold

We The People hold our government accountable for enforcing our rights.

As the 20th Anniversary of the signing of the Americans with Disabilities Act draws near, the disability community is not busy celebrating because we are literally in a fight for our lives and our most basic freedoms.

Eleven years ago, in the Olmstead decision, the Supreme Court said that Americans with disabilities have the right to live in the most integrated setting. Yet today, states are responding to budget shortfalls by drastically cutting home and community-based services. These draconian cuts are forcing seniors and people with disabilities into nursing facilities and other institutional settings because they don't have the services they need in the community to remain independent.

As states cut vital services, the federal government, which is charged with protecting our civil rights and enforcing the law, is simply standing by - silent - while Americans with disabilities have their most basic freedoms taken away by the states.

The disability community cannot sit by as our freedom is negotiated away in back room budget deals. We must take action!

DEFENDING OUR FREEDOM is a three-prong national campaign initiated by ADAPT to organize the disability community to:

* Demand that the Obama administration fulfill its duty to aggressively protect the civil rights of disabled Americans and enforce the Americans with Disabilities Act/Olmstead decision;

* File complaints with the Health and Human Services Office for Civil Rights and the U.S. Department of Justice that document the violation of rights of individuals who have been forced into institutional settings, denied community services, or have had their community services reduced as well as complaints that document the state policies and budget cuts that violate our rights; and

* Document the disability community's efforts to fight back against state cuts so that we can learn from each other's efforts, rally others to join our fight, and hold public officials accountable when they do not support our freedom.

I. DEFENDING OUR FREEDOM: Demanding action by the Obama administration

The federal government is responsible for enforcing federal law and assuring that states comply with the Americans with Disabilities Act/Olmstead decision. ADAPT is demanding that the federal government affirmatively and aggressively enforce the Olmstead decision. To do this, the Health and Human Services Office for Civil Rights and the U.S. Department of Justice, must:

1. Accept, investigate and resolve individual and systemic complaints which document state policies and budget cuts that threaten the freedom of Americans with disabilities;

2. Develop specific benchmarks/criteria for assessing state compliance, and holding them accountable. with the Olmstead decision, assess the states and publicly release this assessment on an annual basis;

3. Conduct regular, on-going compliance reviews of states for compliance with the Olmstead decision;

4. Develop "most integrated setting" criteria for determining when DOJ will step in and affirmatively enforce the Olmstead decision whether or not there has been a complaint filed;

5. With CMS, review state submissions for modifying their Medicaid State Plan and HCBS waiver services for the impact that these changes will have on the state's ability to comply with the Olmstead decision so that those changes which limit the freedom of Americans with disabilities are not approved by CMS;

6. With CMS, modify Section Q of the Minimum Data Set so that people who indicate they want to return to community living are actively assisted to do so;

7. Publicly report on the progress that has been made so that these results can be discussed in a potential meeting between Georgina Verdugo, the HHS/OCR Director, and ADAPT representatives.

ACTION TO TAKE: ADAPT is urging organizations across the country to sign on in support of these demands. If your organization would like to support this campaign, email DOF.signon@gmail.com

II. DEFENDING OUR FREEDOM: Filing complaints to protect our freedom

The Health and Human Services Office for Civil Rights and Department of Justice are charged with protecting the civil rights of Americans with disabilities who want to live in the most integrated setting. Although they are able to affirmatively enforce the law without specific complaints, these agencies typically take action only when complaints are filed. We need to file complaints that document the violation of rights of individuals who have been forced into institutional settings, denied community services, or have had their community services reduced. We must also file complaints that document the state policies and budget cuts that steal the freedom to we are entitled under the Olmstead decision.

ACTION TO TAKE: ADAPT has prepared a form you can download and fax to us toll free at 1-888-324-0787. We will forward your complaint to the Health and Human Services Office of Civil Rights, the appropriate HHS/OCR Regional office, and the Department of Justice. If you choose to file your complaint yourself, please notify us at DOF.complaint@gmail.com that you have filed a complaint and, if possible, send ADAPT a copy.

III. DEFENDING OUR FREEDOM: Fighting back and sharing our stories

Even though there are different battles in individual states, we are fighting the same fight. To strengthen these efforts across the country, our campaign will collect personal and state stories about the effects of budget cuts and the efforts to fight back against them. ADAPT has created a website (www.defendingourfreedom2010.blogspot.com where we can post information and pictures of your advocacy. This will create a public record of the disability community's efforts to stop cuts and hopefully inspire others across the country to speak up and speak out, too. State advocates can also submit individual calls to action so that we can support each other's efforts.

ACTION TO TAKE: Send submissions to defendingourfreedom@gmail.com . And remember to keep up on what groups are doing by reading the blog: www.defendingourfreedom2010.blogspot.com

Steve Gold, The Disability Odyssey continues

Back issues of other Information Bulletins are available online at http://www.stevegoldada.com with a searchable Archive at this site divided into different subjects.

To contact Steve Gold directly, write to stevegoldada@cs.com or call 215-627-7100.

Sebelius, West Highlight New Tips to Prevent Medical Identity Theft and Medicare Fraud

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New Information Available at www.StopMedicareFraud.gov

Secretary of Health and Human Services Kathleen Sebelius and Assistant Attorney General Tony West today highlighted the Obama Administration’s work to fight Medicare Fraud and released new tips and information to help seniors and Medicare beneficiaries deter, detect and defend against Medical identity theft. Medical identity theft occurs when someone steals a patient’s personal information, such as his or her name and Medicare number, and uses the information to obtain medical care, to buy drugs or supplies, or to fraudulently bill Medicare using that patient’s stolen identity. The new tips and a printable brochure were produced by the HHS Office of the Inspector General (OIG) and are available now at www.StopMedicareFraud.gov and www.oig.hhs.gov/fraud/idtheft.

“When criminals steal from Medicare, they are stealing from all of us. That’s why fighting Medicare fraud is one of the Obama Administration’s top priorities,” said Secretary Sebelius. “Preventing medical identify theft is an important part of our work to stop Medicare fraud, and these tools will give seniors important information about how to deter, detect and defend against ID theft and fraud.”

“This Administration is committed to guarding Medicare against fraud and abuse,” noted Assistant Attorney General West. “The Department of Justice (DOJ), in collaboration with our partners at the Department of Health and Human Services (HHS), will continue to protect the integrity of the nation’s public health programs and vigorously pursue those who seek to take advantage of our most vulnerable citizens.”

“Medical identity theft can disrupt your life, damage your credit rating, and threaten your health if inaccurate information ends up in your medical records,” added HHS Inspector General Daniel R. Levinson. “OIG’s special agents frequently uncover fraud schemes that involve the sale and use of stolen Medicare identification numbers. We’re cracking down on these schemes and working to help stop medical identity theft before it happens.”

The materials released today include practical steps to help “deter, detect, and defend” against medical identity theft. Beneficiaries are reminded to beware of offers of free medical equipment, services, or goods in exchange for their Medicare numbers. Beneficiaries are also encouraged to regularly review their Medicare Summary Notices, Explanations of Benefits statements, and medical bills for suspicious charges and to report suspected problems.

The effort to help prevent medical identity theft is one part of the Obama Administration’s work to crack down on Medicare fraud. In May, Attorney General Eric Holder and Secretary Sebelius announced the creation of a new interagency effort, the Health Care Fraud Prevention and Enforcement Action Team (HEAT), to combat Medicare fraud. The HEAT team includes senior officials from DOJ and HHS. HEAT team efforts include the expansion of joint DOJ-HHS Medicare Fraud Strike Force teams that have been successfully fighting fraud in South Florida and Los Angeles to additional cities including Detroit and Houston. Established in 2007, these teams have a proven record of success using data analysis techniques and community policing to identify, investigate and prosecute on-going fraud.

The Centers for Medicare & Medicaid Services (CMS) has undertaken other steps to fight fraud and protect beneficiaries who buy durable medical equipment or rely on home health services. On October 1, all durable medical equipment suppliers across the nation, except for pharmacies, must be certified by Medicare, a requirement that assures beneficiaries that their suppliers are valid businesses and meet Medicare’s financial and quality standards.

At today’s event, Sebelius also highlighted the SMP programs and was joined by SMP volunteer Joanna T. Gibson of Felton, Del. Formerly known as Senior Medicare Patrol programs, the SMP programs are funded by HHS’ Administration on Aging and help Medicare and Medicaid beneficiaries prevent, detect, and report health care fraud. Because this work often requires face-to-face contact to be most effective, SMPs nationwide recruit and train nearly 5,000 volunteers every year to help in this effort. Most SMP volunteers are both retired and Medicare beneficiaries and thus well-positioned to assist their peers.

“We all have to pitch in and do what we can to prevent our Medicare dollars from being wasted on fraud,” said Gibson. “And we can start by learning more about what Medicare covers, reading our Medicare statements, and reporting provider charges that just don’t seem right.”

To learn more about stopping Medicare fraud, visit www.StopMedicareFraud.gov. To report suspected Medicare fraud call the Inspector General’s toll-free Hotline at 800-447-8477 (800-HHS-TIPS). The toll-free TTY number is 800-377-4950.

Sebelius, West Highlight New Tips to Prevent Medical Identity Theft and Medicare Fraud

Enhanced Training and Services to End Violence Against and Abuse of Women Later in Life Program

Recognizing that individuals who are 50 years of age or older who are victims of elder abuse, neglect, and exploitation, including domestic violence, dating violence, sexual assault, or stalking, face unique barriers to receiving assistance, Congress created the Enhanced Training and Services to End Violence Against and Abuse of Women Later in Life Program (Elder Grants Program.) In Federal Fiscal Year 2009, OVW plans to fund projects that will support a comprehensive approach to addressing elder abuse in their communities. Theses projects will provide training to criminal justice professionals, governmental agency staff and victim assistants to enhance their ability to address elder abuse, neglect and exploitation in their communities; provide cross training opportunities to professionals working with older victims; develop or enhance a community coordinated response to elder abuse; and provide or enhance services for victims who are 50 years of age or older (hereinafter “older victims” or “elder victims”).

Closing Date for Applications: Jan 28, 2009
Expected Number of Awards: 12
Award Ceiling: $400,000
Eligible Applicants: State governments; County governments, City or township governments, Native American tribal governments (Federally recognized), Native American tribal organizations (other than Federally recognized tribal governments), Nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education.


Complete Announcement with Instructions

DHHS, Doj, VA, HUD Transition Leadership

By John Reichard, CQ HealthBeat Editor in The Commonwealth Fund Washington Health Policy Week in Review

Overseeing transition activities for the departments of Justice, Health and Human Services, Veterans Affairs, and Housing and Urban Development is Tom Perez, currently secretary of the Maryland Department of Labor, Licensing and Regulation. He held various civil rights posts at the Justice Department during the Clinton administration and was director of the Office for Civil Rights at HHS under Shalala. From 2001 until last year, he was an assistant professor of law at the University of Maryland. He currently is an adjunct faculty member at the George Washington School of Public Health.
Named as a transition leader for bioethics issue was Jonathan D. Moreno, professor of medical ethics at the University of Pennsylvania. He is also a visiting professor of biomedical ethics at the University of Virginia.

HR 6064 National Silver Alert Act - CBO Report

H.R. 6064 would direct the Department of Justice (DOJ) to establish a national communications network to assist efforts to locate missing senior citizens. The bill would authorize the appropriation of $10 million annually over the 2009-2013 period for DOJ to make grants to states for activities to support the network, to be known as the Silver Alert program. In addition, the legislation would authorize the appropriation of $2 million annually over the 2009-2014 period and another $4 million annually over the 2009-2019period for DOJ to make grants to state and local governments and other organizations for programs to locate missing adults. Assuming appropriation of the necessary amounts, Congressional Budget Office estimates that implementing H.R. 6064 would cost $59 million over the 2009-2013 period, with remaining amounts spent in subsequent years. Enacting the legislation would not affect direct spending or revenues.H.R. 6064 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would impose no costs on state, local, or tribal governments.

Act to Protect the ADA Regulations -Information Bulletin, # 256 (7/08)

By Steve Gold About five weeks ago, I wrote "Good-Bye Full Accessibility," Information Bulletin #250 in which I focused on only two disastrous aspects in the proposed Department of Justice Regulations that significantly change both Title II and Title III. Recently, the NDRN and DREDF, as well as other disability attorneys, wrote a set of "model" comments in response to the Department of Justice's(DOJ's) Notice of Proposed Rule Making (NPRM) on these proposed changes. The model comments are now available on the DREDF website: http://www.dredf.org/DOJ_NPRM. Once you get to this website, you can see all the proposed changes, not just the two I raised, by clicking on the left column. DREDF and NDRN intend that the model comments be a starting point for disability rightsgroups and other interested parties to use in drafting and submitting their own comments. Feel free to "cut and pasted." Where possible, please provide personal anecdotes and experiences to adapt and personalize the model comments. Tell DOJ what accessibility problems you have faced since the ADA was enacted, what you have tried to do, how it's been unsuccessful, and why making the proposed changes will only make it more difficult to achieve "equal opportunities" and "full access." You might even mention, if it's true, whether or not you filed a complaint with DOJ and what, if anything, happened with it. Even if you block and copy, please take a few minutes to submit comments using the Regulations.gov website. Remember, the deadline for submitting comments to the proposed changes is very soon! Don't mourn, organize and get your friends to also write in their personal stories. Steve Gold, The Disability Odyssey continues Back issues of other Information Bulletins are available online at http://www.stevegoldada.com with a searchable Archive at this site divided into different subjects. To contact Steve Gold directly, write to stevegoldada@cs.com.

Progress Report for Education and Technical Assistance Grants to End Violence Against Women with Disabilities Program.

The affected public includes the approximately 18 grantees of the Disability Grant Program. Grantees include states, units of local government, Indian tribal governments and non-governmental private entities. These grants provide funds for education and technical assistance in the form of training, consultations, and information to organizations and programs that provide services to individuals with disabilities and to domestic violence programs providing shelter or related assistance.

Semi-Annual Report for Enhanced Training and Services to End Violence Against and Abuse of Women Later in Life Program.

The affected public includes the approximately 18 grantees of the Training Program. Training Program grants may be used for training programs to assist law enforcement officers, prosecutors, and relevant officers of Federal, State, tribal, and local courts in recognizing, addressing, investigating, and prosecuting instances of elder abuse, neglect, and exploitation and violence against individuals with disabilities, including domestic violence and sexual assault, against older or disabled individuals. Grantees fund projects that focus on providing training for criminal justice professionals to enhance their ability to address elder abuse, neglect and exploitation in their communities and enhanced services to address these crimes.

Public Testimony on July 15 Re "Good-Bye Full Accessibility."

Public Testimony on July 15 Re "Good-Bye Full Accessibility." Information Bulletin # 253 (7/08).In Information Bulletin #250, entitled "Good-Bye Full Accessibility," Steve Gold summarized the U.S. Department of Justice's June 17, 2008 ProposedRulemaking which propose significant amendments to Titles II and III'sfederal regulations and which will profoundly affect access to publicfacilities and to public accommodations and commercial facilities. On June 30, 2008, DOJ announced a public hearing on these proposedamendments and scheduled the hearing for July 15, 2008 at the MarriotHotel, 775 12th Street, NW, Washington, D.C. If you wish to presentcomments at the hearing, you are "encouraged to register in advance."Telephone 800-514-0301 (voice) and 800-514-9383 (TTY) by July 7, 2008. "Comments will be limited to five minutes per person or organization, butcommenters who wish to may supplement their testimony with writtenstatements. "Our basic problem is with the proposed regulations are that the "safeharbor" provisions will significantly limit accessibility in publicfacilities (e.g., playgrounds, swimming pools, buildings) and publicaccommodations (e.g., stores). We will not review the specifics alreadyoutlined in Bulletin #250. Some people pointed out that even without the "safe harbor" provisions,many stores and other public accommodations had not, sixteen years afterthe ADA federal regulations were initially promulgated in 1992, removed"readily achievable barriers" and had not made their facilitiesaccessible. These accommodations had tax deductions and tax creditsavailable, and still did not make their facilities accessible. With theproposed rules, DOJ provides added excuses for not making facilities fullyaccessible. Even though DOJ has not provided a lot of time either to plan to come toDC or to testify, we think DOJ should hear about your efforts to implementaccessibility and the excuses/successes provided in the past under theexisting regulations. For example, the Philadelphia Inquirer on 6/25/08 quoted Liberty Resources' Executive Director Thomas Earle who had identified 42 businesses with a single step barrier. Despite Libertywriting letters to the owners of inaccessible restaurants, e.g., to theSnow White Restaurant and to Pandora's Lunch Box, owners neither respondedor wrote back, nor made their facilities accessible.So the bottom line, why would DOJ propose regulatory amendments that willreduce accessibility? Who are the forces behind these proposals? Why didnot DOJ propose to strengthen the existing regulations to improveaccessibility? We thought the ADA was supposed to "eventually" result in a barrier freecountry. Silly us. Power concedes nothing without a struggle! Steve Gold, The Disability Odyssey continuesBack issues of other Information Bulletins are available online at http://www.stevegoldada.com with a searchable Archive at this site divided into different subjects. To contact Steve Gold directly, write to stevegoldada@cs.com

Nondiscrimination on the Basis of Disability by Public Accommodations, State and Local Government Services, and in Commercial Facilities

Proposed Rules - Correction SUMMARY: This document contains corrections to the proposed rule, published Tuesday, June 17, 2008, at 73 FR 34466, implementing the Americans with Disabilities Act. The proposed rule would revise Department of Justice regulations on nondiscrimination on the basis of disability in state and local government services. The correction consists of the addition of two appendices that were inadvertently omitted.

Nondiscrimination on the Basis of Disability in State and Local Government Services and Nondiscrimination on the Basis of Disability by Public Accomda

On June 17, 2008, the Department of Justice (Department) published two Notices of Proposed Rulemaking in the Federal Register to amend regulations issued under Titles II and III of the Americans with Disabilities Act (ADA). Nondiscrimination on the Basis of Disability in State and Local Government Services, 73 FR 34466; Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities, 73 FR 34508. In this issue of the Federal Register, the Department published corrections for the proposed rules that included two appendices inadvertently omitted from the June 17, 2008, publication. In order to provide an opportunity for interested persons to express their views directly to Department officials, the Department will hold a public hearing in Washington, DC, on the proposed regulatory amendments. DATES: The public hearing is scheduled for July 15, 2008, 9 a.m. to 5 p.m., Eastern Daylight Time. ADDRESSES: The hearing will be held at the Marriott Hotel at Metro Center, 775 12th Street, NW., Washington, DC 20005, (202) 737-2200. FOR FURTHER INFORMATION CONTACT: Linda Garrett, Civil Rights Program Specialist, Disability Rights Section, Civil Rights Division at (202) 353-0423 (TTY). This is not a toll-free number. Information also may be obtained from the Department's toll-free ADA Information Line at (800) 514-0301 (Voice) or (800) 514-0383 (TTY), 9:30 a.m. to 5:30 p.m. Monday, Tuesday, Wednesday, and Friday, and 12:30 p.m. to 5 p.m. on Thursday.

Nondiscrimination on the Basis of Disability in State and Local

Nondiscrimination on the Basis of Disability in State and Local Government Services AGENCY: Department of Justice, Civil Rights Division. ACTION: Notice of proposed rulemaking. SUMMARY: The Department of Justice (Department) is issuing this notice of proposed rulemaking (NPRM) in order to: Adopt enforceable accessibility standards under the Americans with Disabilities Act of 1990 (ADA) that are ``consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board'' (Access Board); and perform periodic reviews of any rule judged to have a significant economic impact on a substantial number of small entities, and a regulatory assessment of the costs and benefits of any significant regulatory action as required by the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). In this NPRM, the Department proposes to adopt Parts I and III of the Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines (2004 ADAAG), which were published by the Access Board on July 23, 2004. Prior to its adoption by the Department, the 2004 ADAAG is effective only as guidance to the Department; it has no legal effect on the public until the Department issues a final rule adopting the revised ADA Standards (proposed standards). Concurrently with the publication of this NPRM, the Department is publishing an NPRM to amend its title III regulation, which covers public accommodations and commercial facilities, in order to adopt the 2004 ADAAG as its proposed standards for title III entities, to make amendments to the title III regulation for consistency with title II, and to make amendments that reflect the collective experience of sixteen years of enforcement of the ADA. DATES: All comments must be received by August 18, 2008. ADDRESSES: Submit electronic comments and other data to http://www.regulations.gov. Address written comments concerning this NPRM to: ADA NPRM, P.O. Box 2846, Fairfax, VA 22031-0846. Overnight deliveries should be sent to the Disability Rights Section, Civil Rights Division, U.S. Department of Justice, located at 1425 New York Avenue, NW., Suite 4039, Washington, DC 20005. All comments will be made available for public viewing online at http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Janet L. Blizard, Deputy Chief, Disability Rights Section, Civil Rights Division, U.S. Department of Justice, at (202) 307-0663 (voice or TTY). This is not a toll-free number. Information may also be obtained from the Department's toll-free ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TTY). This rule is also available in an accessible format on the ADA Home Page at http://www.ada.gov. You may obtain copies of this rule in large print or on computer disk by calling the ADA Information Line at the number listed above.

Nondiscrimination on the Basis of Disability by Public Accomdations and in Commercial Facilities

Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities AGENCY: Department of Justice, Civil Rights Division.ACTION: Notice of proposed rulemaking. SUMMARY: The Department of Justice (Department) is issuing this notice of proposed rulemaking (NPRM) in order to: Adopt enforceable accessibility standards under the Americans with Disabilities Act of 1990 (ADA) that are ``consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board'' (Access Board); and perform periodic reviews of any rule judged to have a significant economic impact on a substantial number of small entities, and a regulatory assessment of the costs and benefits of any significant regulatory action as required by the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). In this NPRM, the Department proposes to adopt Parts I and III of the Americans With Disabilities Act and Architectural Barriers Act Accessibility Guidelines (2004 ADAAG), which were published by the Architectural and Transportation Barriers and Compliance Board (Access Board) on July 23, 2004. Prior to its adoption by the Department, the 2004 ADAAG is effective only as guidance to the Department; it has no legal effect on the public until the Department issues a final rule adopting the revised ADA Standards (proposed standards). Concurrently with the publication of this NPRM, the Department is publishing an NPRM to amend its title II regulation, which covers state and local government entities, in order to adopt the 2004 ADAAG as its proposed standards for title II entities, to make amendments to the title II regulation for consistency with title III, and to make amendments that reflect the collective experience of 16 years of enforcement of the ADA. DATES: All comments must be received by August 18, 2008. ADDRESSES: Submit electronic comments and other data to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov. Address written comments concerning this NPRM to: ADA NPRM, P.O. Box 2846, Fairfax, VA 22031-0846. Overnight deliveries should be sent to the Disability Rights Section, Civil Rights Division, U.S. Department of Justice, located at 1425 New York Avenue, NW., Suite 4039, Washington, DC 20005. All comments will be made available for public viewing online at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Janet L. Blizard, Deputy Chief, Disability Rights Section, Civil Rights Division, U.S. Department of Justice, at (202) 307-0663 (voice or TTY). This is not a toll-free number. Information may also be obtained from the Department's toll-free ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TTY). This rule is also available in an accessible format on the ADA Home Page at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ada.gov. You may obtain copies of this rule in large print or on computer disk by calling the ADA Information Line listed above.