Workers with Intellectual Disabilities Abused by Texas-Based Company for Years - Disability.gov

The U.S. Equal Employment Opportunity Commission has filed a lawsuit against Hill Country Farms alleging the company subjected a group of 31 men with intellectual disabilities to severe abuse and discrimination for more than 20 years.

The complaint alleges that that the owners and staffers of Henry’s Turkey denied the workers lawful wages, paying them only $65 a month for full-time work; subjected them to abusive verbal and physical harassment; restricted their freedom of movement; and imposed other harsh terms and conditions of employment such as requiring them to live in deplorable and sub-standard living conditions, and failing to provide adequate medical care when needed.

Verbal abuses included frequently referring to the workers as “retarded,” “dumb ass” and “stupid.” Class members reported acts of physical abuse including hitting, kicking, at least one case of handcuffing, and forcing the workers with disabilities to carry heavy weights as punishment.

This conduct violates the Americans with Disabilities Act (ADA), as amended by the Americans with Disabilities Amendments Act (ADAAA).

The lawsuit follows an EEOC Commission meeting held March 15, 2011 that explored the issue of discrimination on the basis of mental disabilities.

Posted by Diana Z. on Apr 7, 2011 10:09:00 AM in Civil Rights, Employment

Extenuating Circumstances When Screening Applicants with Disabilities

by Steve Gold

HUD states "it has recently come to the attention" of HUD that people with disabilities"face additional challenges during screening procedures [for public housing and housing choice vouchers] due to poor credit histories often exacerbated by outstanding medical costs related to their disability."

Disability advocates have been aware of this for many years so we're  delighted that HUD also now knows about it.

HUD's letter reminds PHAs that "discretion can and should be applied when  determining admissions and occupancy policies."  It further states that  HUD "encourages PHAs to consider extenuating circumstances when screening  applicants with disabilities."

While HUD's "reminder" is very welcomed, disability advocates should  remember that under the disability laws b 504, Fair Housing Act, and ADA,reasonable accommodations and reasonable modifications of policies are  mandatory. The failure to consider the above "extenuating circumstances"  as a basis for a   reasonable accommodation  for a person with a disability   is a   civil rights violation!  A policy that blocks such accommodation is   also a violation.

The "poor credit history" is only one barrier.   Other barriers have also   prevented   people with disabilities   from receiving federal   housing benefits  - past criminal histories, especially pre-disability; needed extra rooms   for   durable medical equipment   or for live-in personal assistants;   mandatory inclusion of costs for meals in 202/811s.  We strongly recommend   that the reasonable accommodation route be used for all of these barriers.

While the above HUD memo was written by an   Assistant Secretary   for  Public Housing, the same     proscriptions apply to all federally funded  housing and to other housing subject to the Fair Housing Act.

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.

Information Bulletins are also posted on my blog located at  http://stevegoldada.blogspot.com/

Employment-Supportive Personal Assistance Services (E-PAS) Facilitate Employment of Persons with Serious Physical and Mental Disabilities - Disability.gov

By Raymond E. Glazier, Ph.D., Director of the Abt Associates Center for the Advancement of Rehabilitation and Disability Services and Member of the MA Work Without Limits Initiative in Disability.gov

Persons like me with serious physical, intellectual or psychiatric disabilities often can’t function productively in the workplace without some form of assistance. This is not to say that we can’t perform, quite capably, the essential functions of many jobs. Instead these, oftentimes, very simple accommodations (such as personal assistance services) help us go about our daily routines more efficiently.

What Are Employment-Supportive Personal Assistance Services (E-PAS)?

Personal assistance services (PAS) are defined as assistance with everyday tasks that a person would typically perform for him/herself, were it not for the disability (ODEP, 2006). These services can include in-home assistance with bathing, grooming and dressing to get ready for the workday. In the employment context, PAS does not include routinely performing the employee’s essential job functions.

Employment-Supportive Personal Assistance Services, or E-PAS, supports people with disabilities engaging in competitive employment. E-PAS can involve personal care services performed at a workplace – for example, help eating a meal, preparing for the workday and/or getting to and from the workplace. It may also encompass job coaching, which is not always thought of as PAS.

For a worker with quadriplegia, the assistance needs might include personal care tasks like feeding or toileting at the worksite, as well as help with traveling to and from the job and task-related assistance with copying documents and perhaps, filing and retrieving papers.

For an employee with cognitive limitations, needs might include assistance with organizing work tasks, becoming acclimated to a work schedule and learning one’s way around the workplace.

For a worker with serious mental health issues, there could be a need for cueing services like medication reminders, guidance in relating appropriately to co-workers or help with interacting with supervisors.

Medicaid as a PAS/E-PAS Funding Source

Most persons with significant disabilities are in no position to pay privately for PAS, and neither Medicare nor private health insurance will cover it – even for vital personal care needs like in-home assistance with transfers, bathing, toileting and dressing, not to mention cueing services for persons with mental health issues or workplace PAS services. The only funding sources for personal care PAS are Medicaid (which goes by different names in different states) and the Veterans Administration for those with military service-connected disabilities.

Medicaid is a joint federal-state health care program that funds services for eligible low-income/low resource individuals and families. While there is a federally mandated set of basic core services, eligibility rules and additional optional services vary from state to state. Coverage for personal care services is a state plan option that is offered by two thirds of states and does not always extend to cueing services (even though the Centers for Medicare and Medicaid Services has reimbursed them for many years.)

Several states have explicit Medicaid E-PAS programs designed to facilitate competitive employment for persons with disabilities. California, Connecticut, Kansas, New Jersey, Nebraska and Wisconsin come to mind; Utah also has a remarkable E-PAS program targeting consumers with mental health issues.

Ordinarily, working individuals have incomes that put them over the usual income threshold for Medicaid eligibility. However, most states have a Medicaid Buy-In program that allows working persons with disabilities to become eligible for the broad array of Medicaid services by paying a monthly premium. Again, there is much variability state to state as to the minimum required work effort, services covered, premium rate structures, etc.

Other Types of E-PAS and Who Pays for What

Certain E-PAS items, like job coaching, are the province of the state operated, state/federally funded Vocational Rehabilitation (VR) programs, which also have income and asset limits for eligibility. The state VR programs have finite funding that limits the number of consumers they can serve in a given fiscal year. Therefore, the federal Rehabilitation Services Administration (RSA) requires that they serve persons with ‘most significant disabilities’ first.

While Medicaid may cover travel to and from the workplace, as well as on-site personal care services like feeding and toileting needed during the workday, employers are required by Title I of the Americans with Disabilities Act (ADA) of 1990, as amended, to fund personal care services during work-related company travel. And importantly, ADA ‘reasonable accommodations’ required of employers also extend to task-related PAS with non-essential job functions like copying, mailing, filing, etc.

The following table summarizes the three main areas of E-PAS and who funds them. Obviously there are gray areas, and the distinctions between each category and responsible party are not always clear-cut.

Three Categories of Workplace PAS/Three Funding Sources
Medicaid-funded Personal Care PAS: Help getting to/from worksite, personal care (mobility, feeding, toileting) at the worksite, cueing services for those with serious mental health issues.	Employer Reasonable Accommodation PAS (per ADA): Task assistance, e.g., ASL inter-preter, filing help, scribe; personal care only for job-related travel.	Vocational Rehabilitation PAS: Job Coach (helps organize tasks and processes; advocates for worker)/Supportive Employment.

How to Identify E-PAS Resources Available to You

Your VR counselor or Club House are likely sources for assistance in determining your needed employment supports and how to obtain what E-PAS you require in order to achieve competitive employment.

You can also visit the websites of the Center for Personal Assistance Services, the Job Accommodation Network or Disability.gov to learn more about personal assistance services and other types of workplace accommodations.

Raymond E. Glazier, Ph.D., Director of the Abt Associates Center for the Advancement of Rehabilitation and Disability Services in Cambridge, MA receives in-home PAS through the MA Medicaid Buy-In; his employer provides additional service hours at the same wages for two of his home PAS workers to provide task-related E-PAS at the office.

After Two Decades, Change Coming To ADA - Disability Scoop

Image via WikipediaBy Michelle Diament

For the first time in more than 20 years, regulations governing the Americans with Disabilities Act are getting a major overhaul.

Starting Tuesday, new rules go into effect covering everything from building design to what qualifies as a service animal.

Notably, the new ADA regulations will include first-ever accessibility requirements for swimming pools, parks, golf courses, boating facilities, exercise clubs and other recreational facilities.

What’s more, going forward, only trained dogs will be eligible for use as service animals.
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Lawsuit Settled with Company for Unlawfully Refusing to Hire Applicant Who Participated in Drug Rehab Program - Disability.gov

The U.S. Equal Employment Opportunity Commission (EEOC) charged Hussey Copper, Ltd. with refusing to hire an applicant because of his participation in a medically supervised drug rehabilitation program. Refusing to hire a qualified individual because of his or her disability, record of disability or because the employer perceives a person as having a disability, violates the Americans with Disabilities Act. For examples of other civil rights enforcement actions visit http://www.disability.gov/civil_rights/enforcement_actions.

Posted by Diana Z. on Feb 14, 2011 2:23:36 PM in Civil Rights

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New York City Sued for Lack of Wheelchair Accessible Taxis | Wheelchair Accessibility Blog and Disability News

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Disability Rights Advocates, a non-profit law firm, have filed a federal class action lawsuit stating that there is a lack of wheelchair accessible taxicabs in New York City, which violates the Americans with Disabilities Act (ADA). The lawsuit was placed against the Taxi and Limousine Commission (TLC). The disability rights group was not pleased with their failure to require that taxis be accessible to people with disabilities and also state that their actions are violating multiple civil rights laws. Citing the fact that out of 13,000 taxicabs in New York City, only 231 of those cabs are accessible to people with disabilities, the Disability Rights Advocates assert that the TLC ignores the needs of the disabled.

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Daily Number: Internet Challenges for the Disabled - Pew Research Center

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Americans living with a disability are less likely than other adults to use the internet. According to a national survey conducted by the Pew Internet & American Life Project in September 2010, 54% of adults living with a disability use the internet, compared with 81% of adults who report none of the disabilities listed in the survey. Two percent of American adults say they have a disability or illness that makes it harder or impossible for them to use the internet. The survey found that about one-in-four (27%) American adults live with a disability that interferes with activities of daily living. Statistically speaking, disability is associated with being older, less educated, and living in a lower-income household. By contrast, internet use is statistically associated with being younger, college-educated, and living in a higher-income household. People living with disability, once they are online, are also less likely than other internet users to have high-speed access or wireless access. The Pew Internet Project report provides context for the continuing conversation about who does -- and does not -- use the internet in the U.S., including a proposal to extend the enforcement of the Americans with Disabilities Act to include websites operated by certain entities. Read more

Obama signs technology access bill for disabled

Image via CrunchBaseBy DARLENE SUPERVILLE -The Associated Press

Blind and deaf people will be able to more easily use smart phones, the Internet and other technologies that are staples of life and work under a bill signed into law on Friday.

Such a step has been a priority of advocates for the millions of people who cannot see or hear.
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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

Disability.gov: Countdown to the 20th Anniversary of the ADA: Day 24 - Anniversary of the Civil Rights Act of 1964

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By Guest Blogger Patrick Cokley, Office of Disability Employment Policy, U.S. Department of Labor


Today is the Anniversary of the Civil Rights Act of 1964 (CRA 64).






The passing of this groundbreaking legislation still exists in the living memory of many Americans. Our society continues to be steeped in the ramifications of Jim Crow segregation and the impacts of “separate but equal,” but because of CRA 64, separate lunch counters and Whites Only bathrooms have become history.

As a student of the American policy-making process, the Civil Rights Act of 1964 is what I would call one of two gold standards in my personal civil rights, the other being the Americans with Disabilities Act of 1990 (ADA). Being an African American and a person with a disability, there are few things that affect me more with regard to my personal civil rights in my day to day life.


Like most Americans, I base my concept of hardships on what is happening in my time and place in history, and compare them with the past. That being said – I had to wonder…in a policy grudge match between the ADA and CRA 64, taking place in the Freedom Ring of Constitution Hall in front of spectators, fans and representatives from the ACLU, which would come out the victor? I couldn’t resist the opportunity to play out in writing what that battle might look like.

Now before the two contenders even step into the ring, there is an obvious age difference. CRA 64 was developed in a time where breaking down segregationist barriers was a day to day struggle. Though there had been a significant series of prior civil rights acts, in many ways the methods that CRA 64 created were untested. The passing of CRA 64 formed a brand new America, and thus CRA has the advantage of years of experience. By contrast, the ADA had the benefits of all of the legislation that came before it – the Architectural Barriers Act, the Voting Rights Acts, the Rehabilitation Act, as well as the Civil Rights Act of 1964. So it had the prior knowledge these acts brought - the “training,” if you will.

For those of you who do not carry a copy of the text of CRA 64 or the ADA in your wallet (or written on your heart), here is a quick rundown of their stats:

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Countdown to the 20th Anniversary of the ADA: Day 29 - Celebrating Helen Keller on Her 130th Birthday-from Disability.gov

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 from Disability.gov by Diana Z.

 

By Guest Blogger Carl Augusto, President and CEO, American Foundation for the Blind
"I, for one, love strength, daring, fortitude.  I do not want people to kill the fight in them; I want them to fight for right things."
- Helen Keller

Today marks the 130th anniversary of the birth of Helen Keller (www.afb.org/helenkeller), a woman who showed the world that with the right tools and attitude, anything is possible. We at the American Foundation for the Blind (AFB), where Helen worked for the last 44 years of her life, still see her as our guiding light. Helen believed in many of the same things we work toward today. She was outspoken about the potential of technology (www.afb.org/technology) to connect people with disabilities to the wider world, the need for high quality education for children with visual impairments (www.familyconnect.org), equal access to employment opportunities (www.afb.org/careerconnect) and so much more. In today's world, where the vision loss numbers are steadily growing among seniors, I know she would have been particularly outspoken on the need to provide resources to those with age-related vision loss. 

To help seniors and their family members cope with age-related eye diseases such as macular degeneration and glaucoma, AFB created Senior Site (www.afb.org/seniorsite), a web community that offers visitors information on how to remain independent and make everyday tasks like cooking, paying bills and reading easier. Senior Site also features comprehensive information on various eye and health conditions, including a Diabetes Guide (www.afb.org/seniorsite/diabetes). The site includes message boards and inspiring video testimonials from people who refuse to allow their vision loss to slow them down. Senior Site is the online component of our Dallas-based AFB Center on Vision Loss (www.afb.org/centeronvisionloss), which also serves as a working lab for vision loss products and adaptations, making it a valuable resource for families and professionals in the vision loss field. The centerpiece of the AFB Center on Vision Loss is Esther's Place, a fully furnished, 1,800-square-foot model home, complete with living room, dining area, kitchen, bedroom, closet and a bathroom; all fitted with simple adaptations and products designed to make daily life more manageable for individuals with vision loss.

The world has progressed tremendously since Helen Keller was born on June 27, 1880, and she was a huge factor in that progress. During her lifetime, she was a world-renowned author, activist, lecturer and peacemaker who advocated for the poor and people with disabilities and fought for women’s suffrage. Her biggest desire was to leave the world a better place than she found it. And that is exactly what she did. On her birthday, let's honor her legacy and join together to continue to expand opportunities for those of us with disabilities. Helen Keller will forever be a true American hero.

For More Information
To learn more, visit the AFB website at www.afb.org.

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

Disability.gov: Countdown to the Anniversary of the ADA: Day 56 - National Disability Employment Awareness Month Theme

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By Carol A. Dunlap, Business Development Specialist, Office of Disability Employment Policy, U.S. Department of Labor

Every October, federal, state and local government agencies; nonprofit organizations; and individuals across the country celebrate National Disability Employment Awareness Month (NDEAM). However, for many of you, this may be the first time you are hearing about NDEAM. NDEAM has been around for a while, but the name has changed just about every 20 years or so since it begun.

In 1945, Congress responded to President Harry Truman’s deep concern about wounded warriors returning from World War II by passing a Resolution to establish the first week in October as National Employ the Physically Handicapped Week. It was his hope that the week-long celebration would create more awareness of the possibilities available to employ individuals with disabilities. Congress removed the word “physically” from the name in 1962; and it became National Employ the Handicapped Week to more accurately reflect the employment needs of all Americans with disabilities. And, in 1988, the name was changed to National Disability Employment Awareness Month.

Each year, NDEAM has a theme associated with individuals with disabilities and their path to finding and retaining employment. Organizations nationwide incorporate the theme into hiring events, proclamations, public awareness events, mentoring opportunities and disability history recognitions that are kicked-off during October and continue year-round. Showcasing the skills and talents of workers with disabilities strengthens public understanding of this often untapped human resource.

The official NDEAM theme for 2010 is “Talent Has No Boundaries: Workforce Diversity INCLUDES Workers with Disabilities.” The theme serves to inform the public that workers with disabilities represent a diverse and vibrant talent pool and emphasizes talent and inclusion.
Communities across the country are eagerly embracing this theme and are planning an array of events and other media opportunities.  Each outreach opportunity helps the public understand the vastness of talent brought to the workplace by people with disabilities plus the many ways employers benefit from their contributions.

Unleash your creativity in using this year’s theme to educate the public on the vast talents workers with disabilities bring to the workplace. In fact, isn’t it time to change the name again and delete the word “Month?”

For More Information
To learn more about National Disability Employment Awareness Month, visit the Web site of the Department of Labor's Office of Disability Employment Policy at http://www.dol.gov/odep/programs/ndeam.htm. 

Court: Theaters must offer services for disabled | Arizona local news - Mesa, Scottsdale, Gilbert, Tempe, Chandler | eastvalleytribune.com

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Howard Fischer, Capitol Media Services

Theater owners have to make special devices available to ensure those with hearing and vision disabilities can enjoy the movies, a federal appeals court ruled Friday.

In a unanimous decision, the 9th Circuit Court of Appeals rejected arguments by attorneys for the Arizona-based Harkins theater chain that nothing in federal law requires them to purchase and install the necessary equipment. The judges said the kinds of devices at issue here clearly fall within the requirements of the Americans with Disabilities Act.
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HHS, HUD PARTNER TO ALLOW RENTAL ASSISTANCE TO SUPPORT INDEPENDENT LIVING FOR NON-ELDERLY PERSONS WITH DISABILITIES

Thousands of Americans with disabilities will have housing assistance specifically targeted to meet their needs, Health and Human Services (HHS) Secretary Kathleen Sebelius and Housing and Urban Development (HUD) Secretary Shaun Donovan announced today.

As part of President Obama’s Year of Community Living initiative, HHS and HUD collaborated to provide housing support for non-elderly persons with disabilities to live productive independent lives in their communities rather than in institutional settings. HUD is offering approximately $40 million to public housing authorities across the country to fund approximately 5,300 Housing Choice Vouchers for non-elderly persons with disabilities, allowing them to live independently. HHS will use its network of state Medicaid agencies and local human service organizations to link eligible individuals and their families to local housing agencies who will administer voucher distribution.

The vouchers will augment work already being done by the Centers for Medicare & Medicaid Services (CMS) through its Medicaid Money Follows the Person (MFP) grant program. Originally set to expire next year, the “Patient Protection and Affordable Care Act of 2010” extended the MFP program through 2016 with an additional appropriation of over $2 billion. The Act also cut to three months, from the previous six months, the amount of time a person must be in an institution to qualify for help making the transition to community life.

“This number of vouchers to this community is a major milestone for HUD,” said Donovan. “I am pleased that two federal agencies have combined efforts to give these individuals the independence they so desperately want and deserve.”

“This commitment by HHS and HUD to directly link housing support to these individuals will be of immeasurable value not only to them, but to the communities in which they will be living,” said Sebelius. “Individuals with disabilities have so much to contribute to the quality of life in our communities when given the freedom and opportunity to do so.”

Of the 5,300 vouchers set aside as part of this program, up to 1,000 will be specifically targeted for non-elderly individuals with disabilities currently living in institutions but who could move into the community with assistance (Category II). The remaining 4,300 (Category I) can be used for this purpose also, but are targeted for use by non-elderly individuals with disabilities and their families in the community to allow them to access affordable housing that adequately meets their needs.

In addition, HUD is encouraging housing authorities to establish a selection preference to make some or all of their Category I allocation available to individuals with disabilities and their families who, without housing assistance, are at risk of institutionalization. Housing authorities have 90 days to submit their applications to HUD. HUD expects to have funding awards ready late fall 2010.

“Many of these individuals are low-income and can not afford market rates for housing. For a number of Americans, these vouchers, along with Medicaid home and community-based services, are essential supports that make the President’s vision for community living possible,” Sebelius noted.

The Year of Community Living is an outgrowth of a 1999 Supreme Court decision in Olmstead v. L.C., in which the court ruled that under the Americans with Disabilities Act (ADA) unnecessarily institutionalizing a person with a disability who, with proper support, can live in the community can amount to discrimination. In its ruling, the Court said that institutionalization severely limits the person’s ability to interact with family and friends, to work and to make a life for him or herself.

As a result of the Olmstead ruling, HHS issued guidance to states on how to make their Medicaid programs more responsive to people living with disabilities who wish to reside in the least restrictive setting. Today’s announcement is yet another step in HHS’s 10-year effort to achieve that goal.

HUD Funds Available Announcement

HUD-HHS Collaboration: Improving the Link between Housing and Services. Information Bulletin #304 (3/2010)

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by Steve Gold

The following Information Bulletin is a FYI. As many of you know, historically the federal departments of HUD and HHS each operated as if the other did not exist and as if each had no impact on the other.

We in the trenches knew that there were many people in institutions solely because they could not afford housing. We knew how each department impacted on each other, and how their noncooperation adversely impacted on peoples' ADA right to live in an integrated community.

What follows is "as of" March 2010. It is not final, not yet funded, and obviously not yet implemented. However, we thought you should be aware of the direction the collaboration between HUD and HHS is taking. We do not know the timing or details of the following proposals, nor can we predict if any of the proposals will become reality, but nevertheless think you should be aware of what's going on.

The two federal departments are proposing the following with regards to "Community Living (aging & disability):

1. "Transitioning to the Community: Reducing Barriers to Accessible and Affordable Housing ($180 million from HHS for 2-year bridge housing to assist persons leave institutions for the community)

2. "Creating Housing and Services Resource Coordinators and Community Living Specialists ($4.5 million from HHS/CMS to provide PHA level service coordinators, and city/state level housing-service coordinators for elderly persons and persons with disabilities)

3. "Increasing Capacity building to Improve Services and Access to Affordable Housing. ($2.5 million from HHS for TA to assist PHAs link with Long Term Care supports- NOFA about to be released)

4. "Improving the Delivery of Community Living Services by Establishing a "No Wrong Door" system ($20 million from HHS to devise consumer friendly intake linking housing and human service programs)

5. "Encouraging Workforce Development ($4 million from HHS/HRSA to train HUD residents/recipients to be direct care workers).

6. "Improving coordination between HHS Civil Rights Office and HUD's Fair Housing Office as it relates to Olmsted oversight."

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.

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.

Florida Commits to Provide Effective Communication for Deaf and Hard-of-Hearing Persons

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(Business Wire) The Florida Department of Children and Families (DCF) will provide qualified sign language interpreters as required by federal law to deaf and hard-of-hearing persons using its programs and services across the state under a Settlement Agreement reached with the U.S. Department of Health and Human Services (HHS).

An HHS Office for Civil Rights (OCR) investigation found that the State violated Federal discrimination laws when it failed to provide interpreters to deaf persons in critical situations, such as during child protective services investigations, and during treatment in State mental health facilities. Access to quality health care and social services programs are directly dependent on effective communication.

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Paralyzed Man Accuses Ohio Hotel Of Discrimination - CBS News

(AP) - An Ohio man paralyzed from the waist down is suing a hotel, accusing management of discrimination for refusing to give him a room because he can't control his bowels and soiled linens during a previous visit.

Shawn Pouliot (POOL'-yaht) says he sought a room at the Akron City Centre Hotel in December but was told by a desk clerk that he had been banned for life.

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JFActivist: Judges Laugh at Arguments that Theaters Aren't Bound by the ADA

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From the Hearing Loss Law & Wash. CAP Blog:

...The Arizona Attorney General's Office sued the Harkins theater chain, claiming that the business violated both ADA and Arizona state law by failing to show captioned and described movies. The AG was not suggesting that the theaters themselves had to provide the captions or descriptions, but only that they need to install the equipment necessary to show the captions and descriptions provided by the studios.

The theaters took the position that ADA does not regulate the contents of their products or services, and that they offer non-captioned movies. "We have the right to choose what services we provide, and that is our choice," said the attorney for the theaters. "We let everyone come into our theaters and see our (non-captioned) movies, and that is what ADA requires us to do."

The AG's office, on the other hand, said that captions are the kind of "auxiliary aid and service" that the ADA requires to enable people with hearing and vision losses to gain the "full enjoyment" of the businesses' offerings.

The judges basically said flat-out that they thought the theater argument is preposterous. Alex Kozinski, the chief judge, said, "What if we took the position that this building is a building with steps, and if someone in a wheelchair wants to come in, they can find somebody to carry them?"

Kozinksi went on, "Actually, that case happened, and some lawyer argued that being able to crawl up the steps was good enough. Today, people are laughing at that argument, and I wouldn't be surprised if in a few years, people are laughing at your argument."

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