Victory! 21st Century Communications and Video Accessibility Legislation Passes

The Twenty-first Century Communications and Video Accessibility Act was passed by the House of Representatives on September 28, 2010 and is expected to be signed by President Obama. According to the law, captioned television shows will be captioned when they are aired on the Internet. Video description will be available on television for people who have low vision and $10 billion per year was earmarked for communication equipment used by individuals who are deaf-blind. The bill guarantees that emergency information will be accessible to people who are blind or have low vision, mandates “accessible user interfaces on mobile browsers that connect to the Internet”, and requires that “smart phones” be hearing aid compatible. The passage of The Twenty-first Century Communications and Video Accessibility Act is due to the five-year collaborative efforts of the American Association of People with Disabilities, Coalition of Organization of Accessible Technology, other non-profit groups, government, and industry. We are grateful for their commitment and the important change it helped create.

For more information use the following link, http://jfactivist.typepad.com/jfactivist/2010/10/victory-21st-century-communications-and-video-accessibility-legislation-passes.html

Disability Employment Awareness Month-President Obama's Kickoff Speech

On October 1, 2010 President Obama officially proclaimed October as National Disability Employment Awareness Month. In his speech he said that despite the ADA’s twentieth anniversary and the progress it has led to, Americans with disabilities are still employed at much lower rates than Americans without disabilities. President Obama explained that his Administration will guarantee that people with disabilities have fair access to jobs. One step to accomplish this was the executive order he signed in July to increase federal employment of people with disabilities. According to the order, federal agencies must create model hiring and recruitment strategies as well as programs to retain individuals with disabilities as employees. Each agency will report its progress to the Office of Personnel Management. Agency reports will be available to the public on line.

The President asserted we must improve accessibility in the workplace, ensure that assistive and workplace technologies are available to improve everyone’s experience at work, and ensure each employee has the chance to collaborate and contribute in the workplace.

Non-federal agencies also are working hard to eliminate employment discrimination that individuals with disabilities face. Disability Rights North Carolina provides legal advocacy to SSDI and SSI beneficiaries with disabilities who have been denied access to work training programs and reasonable accommodations, or who otherwise face barriers to gaining and maintaining employment and employment skills. We advocate that every North Carolinian, including those with disabilities, should have access to gaining the skills and knowledge they need to be successful in the workforce.

President Obama reminded his audience that people with disabilities are “a vital and dynamic part of our Nation.” He encouraged everyone to take advantage of October to focus on ensuring equal access at work and value and use the diversity, talents, skills each employee has to offer. Of course, the ADA requires that this be a year-round goal.

To read more about President Obama's speech use the foliwing link, http://jfactivist.typepad.com/jfactivist/2010/10/president-kicks-off-national-disability-employment-awareness-month.html

Major Events of 9/20-9/26

Capital Insider recently highlighted several main events that took place the week of 9/20-9/26.

A new program, Medicaid/CHIP Payment and Access Commissions (MACPAC) was created as part of the Children's Health Insurance Program Reauthorization Act of 2009 (P.L. 111-3) and was expanded through the Patient Protection and Affordable Care Act (P.L. 111-148). MACPAC’s first meeting was held last week. The commission’s responsibilities, as outlined in the Affordable Care Act, are to discuss a variety of issues affecting eligibility, enrollment and retention policies, coverage policies and quality of care, and access to covered services, such as payment policies. Research and recommendations made by MACPAC will concern access to Medicaid/CHIP. All findings will be discussed among the commission and submitted to Congress. The first report will be released on March 15, 2011.

A turning point in terminology was reached on September 30, 2010 when the U.S House of Representatives passed Rosa’s Law (S.2781). “Intellectual disability” will now be use instead of “mental retardation” in federal laws. Self-advocates and their families have tried to eliminate the term "mental retardation" for years. Eligibility and services guaranteed by the revised laws will not be affected. The bill, identical to the one passed on the Senate, will soon be signed by President Obama. Disability Rights North Carolina would like to thank Senator Burr and Senator Hagan for their co-sponsorship of the Senate bill.

Another bill passed by the House of Representative last week was The Training and Research for Autism Improvements Nationwide Act (H.R 5756). This bill will amend Title I of the Developmental Disabilities Assistance Act and Bill of Rights Act (The DD Act) and expand assistance to children and adults with autism. It will also guarantee $17 million annually for four years to University Centers for Excellence in Developmental Disabilities (UCEDDs) to provide training and services. Four new UCEDDs that work with minority institutions will be given grants to provide services and conduct research centered on facial and ethnic minorities. The bill is now being considered by the Senate Health, Education, Labor, and Pensions (HELP) Committee.

You can learn more about Capital Insider by visiitng the following link, http://www.ucp.org/ucp_generalsub.cfm/1/8/11981.

Disability Political Action Committee Gears Up for November Elections

Disability Power & Pride Politicla Action Committee (PAC), a new non-partisan political fund-raising group, is thought to be one of the first groups to provide funding for candidates who are "disability friendly. " Their focus is on the Senate race in Kentucky; and the candidate they are supporting is Jack Cowan. His opponent, Rand Paul, has questioned if the ADA is an overextension of the federal government and has suggested other ways to attain accomodations. The PAC hope to raise $15, 000 for Cowan, and it seems it will with $10,000 secured in commitments. For more information please use the follwing link, http://jfactivist.typepad.com/jfactivist/2010/09/disability-political-action-committee-gears-up-for-november-elections.html

Welcome to a New Era in Health Care: Affordable Care Act Provisions Go into Effect

Six months after the Affordable Care Act was signed, many of its benefits are going into effect. According to the law, consumers enrolling in new plans are now guaranteed to receive cost-free preventive services, young adults may stay on parents’ policy until the age of 26, freedom to choose a primary care doctor, ob/gyn, or pediatrician without referral, and use the nearest emergency room without penalty. Insurers are not permitted to deny coverage to children with pre-existing conditions, place lifetime limits on benefits, cancel health insurance policy without proof of fraud, or deny claims without allowing for an appeal in any new or existing plan. For more information on the benefits use the following link. http://jfactivist.typepad.com/jfactivist/2010/09/welcome-to-a-new-era-in-health-care-affordable-care-act-goes-into-effect.html

Congressman Miller Seeks Report on Transition Programs for Students with Disabilities

On September 19, 2010, Congressman George Miller sent a letter to the Government Accountability Office concerning federal programs to help students with disability transition from high school to college or to the workforce. Because students with disabilities face academic, social, physical and economic challenges they struggle more and, unfortunately, have less successful transitions. Congressman Miller questioned whether or not the federal programs’ approach did enough to address all those obstacles. In his letter, he stated the GOA should identify the programs, and examine the challenges students face, the coordinated efforts established by the government and the barriers to those efforts, as well as, the program and performance data that is used to determine the effectiveness of the efforts. You can use the following link to read the full letter. http://jfactivist.typepad.com/jfactivist/2010/09/congressman-miller-seeks-report-on-transition-programs-for-students-with-disabilities.html

Alternatives to Hospitalization Task Force Meeting September 16

Beth Melcher, Assistant Secretary for Mental Health, Developmental Disabilities, and Substance Abuse Services Development and Flo Stein, Division of Mental Health, are co-chairing the task force. The task force is composed of LME staff, providers, consumers, public housing agencies, Department of Corrections, DHHS and Housing Finance Agency staff.

The purpose is to determine the cost-effectiveness of supportive housing as an alternative to institutionalization. Recommendations are due to the legislature by January 31, 2010, so proposed recommendations will be made to the department in December. Duties of the Task Force are listed in the Study Bill - SESSION LAW 2010-152, SENATE BILL 900, Section 18.

Overview of North Carolina Reports and National Studies

Angela Harper, housing specialist at DMH discussed how important it is to look at the service system. Angela reviewed past studies and recommendations, including: 2001 IOM Task Force on Long Term Care; MH/DD/SAS Commission Task Force on Housing in 2004 Housing for North Carolinians with Disabilities; 2005 Report of DHHS Study Group to NC Study Commission on Aging - Study of Issues Related to Persons with Mental Illness in Long-Term Care Facilities; 2006 NC Institutional Bias Study Combined Report prepared for NC DHHS; 2007 Final Reports and Gaps Analysis submitted by consultant to MH/DD/SAS LOC; 2008 Study of Rules and Regulations Regarding Housing Individuals with MI in the Same Facility Vicinity as Individuals without MI, submitted by DHHS to NC Study Commission on Aging; 2008 DHHS & NCHFA Interim Plan for Efficient and Effective Use of State Resources in the Financing and Development of Independent and Supported living Apartments for Persons with Disabilities, presented to MH/DD/SAS LOC, and the 2009 final plan of the same title presented to the MH/DD/SAS LOC in 2009; Pilot Program to Reduce State Psychiatric Hospital Use and to Increase Local Services for Persons with MI through DHHS DMH in 2009 (4 LMEs); Housing for People with MI: Update of a Report to the President’s New Freedom Commission by TAC in 2007; Governor’s Association Supportive Housing in 2007; Permanent Supportive Housing: An Evidence-Based Practice by SAMHSA in 2010.

Presentation on Alternatives to Hospitalization Historical Data

The group discussed how to gather the data called for in the legislation, which calls for the gathering of data on frequent users of psychiatric beds (State and community) and emergency departments. CCNC has a grant to gather this data but it won’t be done in time for this study. Wake is doing its own study that can be used as a sample to help make the business case for alternatives to hospitalization. They define a frequent user as 3 or more hospitalizations to a state hospital (because that’s the info they have) or 10 or more in a lifetime.

Group Discussion:
•The group discussed shared living options. John Owen discussed a program in West Virginia. The group would like to see any other helpful reports.
• DOC members discussed transition issues, criminal record history and special issue of sex offenders.
• Simply Home in Asheville uses technology to monitor people at home. Through telehealth we can do supportive services like medication management. Studies in Wisconsin were done. Arc is looking at some of the same applications.
• Must look at start-up costs for services, telehealth, etc. With current rates, can’t ever recoup start-up costs.
• Use peer support as a bridge, extension of ACTT teams. How do you support the services?
• Host homes were a good model – people in recovery hosted others. A lot of people connected through AA.
• Need to address the issues of silos in the report.
• Must consider transportation and transportation costs – tied to isolation, employment, etc.
• Can also consider pilot programs.