Department of Education Issues ADA Amendments Act - Dear Colleague Letter to Provide Guidance Under Amended Legal Standards | Jan 19, 2012

The Department of Education's (Department) Office for Civil Rights (OCR) today issued a Dear Colleague letter concerning the Americans with Disabilities Act Amendments Act (Amendments Act). The letter and accompanying Frequently Asked Questions document (FAQ) provide additional guidance on the requirements of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504) in elementary and secondary schools, given the changes to those laws made by the Amendments Act.

"We must continue to take steps to enable every child, regardless of disability, to reach their full potential," said U.S. Secretary of Education Arne Duncan. "This guidance reiterates the Department's commitment to ensure that educational opportunity is provided free from disability discrimination."

The Amendments Act, effective Jan. 1, 2009, amends the ADA, as well as the Rehabilitation Act. The Amendments Act broadened the meaning of disability and, in most cases, shifts the inquiry away from the question of whether a student has a disability as defined by the ADA and Section 504, and toward school districts' actions and obligations to ensure equal education opportunities.

Today's Dear Colleague letter and FAQ discuss the various obligations of school districts, such as the requirement to evaluate students for disability, and provide a free appropriate public education to students with disabilities, as well as the changes made by the Amendments Act.

"It is critical that school districts remain vigilant in their duty to protect the civil rights of all their students, including students with disabilities. When Congress changes the law affecting those rights, districts must ensure that their policies and practices reflect this altered landscape," said Assistant Secretary for Civil Rights Russlynn Ali.
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January 19, 2012
U.S. Department of Education
Office for Civil Rights (OCR)

Dear Colleague Letter

OFFICE OF THE ASSISTANT SECRETARY


Dear Colleague:

This year, we will celebrate the 22nd anniversary of the landmark Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213. We at the Office for Civil Rights (OCR) in the United States Department of Education (Department) recognize the progress our country has made toward ensuring that educational opportunities are provided free from disability discrimination. As Secretary Arne Duncan has stated, the Department is “strengthening our efforts to ensure that all students, including those with disabilities, have the tools they need to benefit from a world-class education that prepares them for success in college and careers.”1

Pursuant to a delegation by the U.S. Attorney General, OCR shares in the enforcement of Title II of the ADA (Title II). 28 C.F.R. § 35.190(b)(2). Title II prohibits discrimination on the basis of disability by public entities, including public elementary, secondary, and postsecondary schools, regardless of whether they receive Federal financial assistance. Title II requires that qualified individuals with disabilities, including students, parents, and other program participants, are not excluded from or denied the benefits of services, programs, or activities of a public entity, or otherwise subjected to discrimination by a public entity, by reason of disability. OCR also enforces Section 504 of the Rehabilitation Act of 1973 (Section 504), a Federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance. Recipients of this Federal financial assistance from the Department include public school districts, other state and local educational agencies, and institutions of higher education.

Through our civil rights enforcement activities, and in responding to requests for technical assistance, OCR has learned that additional guidance on the requirements of the ADA and Section 504 in the elementary and secondary school context would be helpful, especially in light of changes to the law made by the ADA Amendments Act of 2008 (Amendments Act).2 To that end, OCR has prepared the attached "Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools" (Amendments Act FAQ). With passage of the Amendments Act, Congress intended to ensure a broad scope of protection under the ADA and to convey that the question of whether an individual's impairment is a disability under the ADA and Section 504 should not demand extensive analysis. To effectuate the ADA's purpose, the Amendments Act:

•directs that the ameliorating effects of mitigating measures (other than ordinary eyeglasses or contact lenses) may not be considered in determining whether an individual has a disability;

•expands the scope of "major life activities" by providing nonexhaustive lists of general activities and major bodily functions;

•clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and

•clarifies how the ADA applies to individuals who are "regarded as" having a disability.

The attached Amendments Act FAQ:

•addresses the broadened definition of disability and the changes made by the Amendments Act;

•discusses how the Amendments Act affects Section 504;

•explains various obligations of school districts under Section 504 and Title II; and

•addresses how OCR evaluates compliance with Title II and Section 504 in light of the Amendments Act.

Since the ADA’s enactment, measurable progress has been made, but more can be done. OCR will continue to work to eliminate disability discrimination in public elementary, secondary, and postsecondary schools by investigating complaints, conducting compliance reviews, issuing policy guidance, providing technical assistance, and working closely with the Department of Justice.

OCR is committed to providing technical assistance to States, school districts, service providers, and individuals to ensure that students with disabilities have equal educational opportunities. To that end, OCR has other documents that provide guidance on Title II and Section 504, which can be found at http://www.ed.gov/about/offices/list/ocr/publications.html#Section504. If you need additional information or technical assistance in complying with Title II, Section 504, or the other civil rights laws that OCR enforces, please visit http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm for the contact information for the OCR enforcement office that serves your state or outlying area. Technical assistance regarding the ADA and other resources can also be found on the Department of Justice's website at www.ada.gov.

Thank you for joining me in our continuing efforts to realize the full potential of Section 504 and the ADA by ensuring nondiscrimination for students with disabilities.

Sincerely,
Russlynn Ali
Assistant Secretary for Civil Rights

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1) For more of Secretary Duncan's remarks regarding the ADA, see Press Release, U.S. Dep't of Educ., 20th Anniversary of the Americans with Disabilities Act a Cause for Celebration and Rededication to Equal Educational Opportunity for Students with Disabilities, (July 26, 2010), available at http://www.ed.gov/news/press-releases/20th-anniversary-americans-disabilities-act-cause-celebration-and-rededication-e.

2) You can review the text of the Amendments Act on OCR's website at http://www2.ed.gov/policy/rights/guid/ocr/disability.html (see bullet entitled “The Americans with Disabilities Act Amendments Act of 2008”). The law went into effect January 1, 2009.

Watch the State of the Union Online Jan 24, 2012 - Tue 9:00 p.m. ET.

On Tuesday night at 9:00 p.m. ET, President Obama will give a State of the Union address to Congress. He'll talk about where we find ourselves as a nation and lay out his agenda for the year ahead.
At the White House, David Plouffe -- a senior advisor to the President -- sat down to talk about the speech and how you can get involved.

To make sure you're getting the most out of the speech, we're also putting together an enhanced version of the State of the Union that you'll be able to watch as President Obama speaks. The enhanced version will be available at WhiteHouse.gov/SOTU so be sure to tune in Tuesday at 9:00 p.m.
As the President outlines his goals for 2012, we'll pull out key facts and important data -- and go deeper to give you additional information.

This speech will be a big moment, and we hope you'll watch it with us. Learn more from David Plouffe, and don’t forget to tune in Tuesday at 9:00 p.m. ET.

Watch the video and share it with your friends:
http://www.whitehouse.gov/state-of-the-union-2012

A disability policy for the 21st century | Opinion Jan 2012

By David Stapleton and David Mann, researchers at Mathematica - 01/19/12

Of the roughly 17.5 million working-age people in the United States living with a disability, nearly 70 percent receive disability benefits. A recent study revealed that 12 percent of all federal spending goes to supporting this population—$357 billion in 2008. Just 33 percent of working-age people with disabilities are employed, compared to 73 percent of those with no disability. This costly system is failing both people with disabilities and taxpayers.

The federal government began offering Social Security Disability Insurance (SSDI) benefits to older workers no longer able to work because of long-term impairments in 1956. The nation has since expanded SSDI coverage and launched additional programs to support Americans living with significant disabilities. This support system, however, has failed to keep up with the changing needs of Americans or the realities of current economic times. Despite the promise of the Americans with Disabilities Act, people with disabilities, as a group, are falling further behind their peers without disabilities and are becoming more—not less—dependent on government programs.

The disability support system has two fundamental structural flaws. First, our major programs define disability as an “inability to work” due to “medically determinable” impairments, even though advances in medicine and technology now make it possible for some people with very significant impairments to work. Structured around this definition, the current system discourages work and encourages long-term dependence on public supports. Of the nearly 13 million working-age Americans receiving SSDI or Supplemental Security Income (SSI) benefits today, over half live in poverty. Most will continue to receive benefits until they become eligible for Social Security retirement benefits or die.

Second, the patchwork of state and federal disability support programs, each with different entry points, creates pervasive inefficiencies and perverse incentives that hinder substantive reform. For example, states are responsible for delivering employment services to help people with disabilities become self-sufficient, but they have little incentive to do so because the federal government pays for almost all income support and most health care for people who are not self-sufficient.

An overhaul of the disability support system is needed to encourage and empower people with disabilities to seek employment, to reduce service duplication, to improve program efficiency and to increase the return on taxpayer investment. Implemented incrementally, comprehensive reforms could facilitate greater economic independence for people with disabilities and curb the growth in public spending for their support.

Transforming the disability support system should start with a vigorous debate on alternative approaches and a commitment to ensuring that large-scale changes are based on solid evidence. Congress could jump-start this process by creating a national disability demonstration commission. Such a commission could develop and test bold new ideas that comprehensively address the problems of our flawed and fragmented system. Instead of making minor tweaks, the commission could facilitate real change across government jurisdictions, integrating innovative financing with effective service delivery. The commission would need to allow waivers of current regulations, and interventions would need to be carefully designed and thoroughly tested to minimize risk for current beneficiaries.

To start the conversation on rethinking disability policy and restructuring the disability support network, we offer, in a recently released report, one possible method of reorganizing support for this population. We suggest creating a state- or locally based system of disability support administrators (DSAs) to act as central points of intake and coordination for people needing services. This service-coordinator approach could simplify the process for applicants and improve individual outcomes. We also describe how financing could be realigned to promote the objectives of the restructured system. Further, we point to the need to make funding allocations more reflective of the business cycle, increasing during economic contraction and decreasing during rapid economic expansions. Will this approach work? We won’t know until it is tested, but we are convinced that no substantial progress will be made if we fail to test such comprehensive approaches to reform.

Reforming the national disability support system is critical to improving outcomes and reducing costs in the long term. Without structural reforms that enable people with disabilities to participate more fully in the economic mainstream, the efforts of fiscal reformers to tighten eligibility and trim benefits for existing programs will only lead to an increasingly bleak economic future for this population.

# David Stapleton is the director of Mathematica Policy Research’s Center for Studying Disability Policy. David Mann is a researcher at Mathematica.

http://thehill.com/blogs/congress-blog/labor/205167-david-stapleton-and-david-mann-mathematica-policy-research

Using Social Media : Man with Leukemia Finds Rare Bone Marrow Match | Jan 19, 2012

By Melissa Knowles | Yahoo News

San Francisco resident Amit Gupta was diagnosed with leukemia last fall, and he desperately needed a bone marrow transplant. Instead of just accepting his diagnosis, he decided to use his social media skills to raise his chances of finding a willing donor. Gupta, a Web entrepreneur who created the startups Photojojo and Jelly, looked for a donor with a post on Tumblr. Now, four months later, thanks to his own determination, the support of caring friends and strangers, and help from social media, he has found a match.

In his posts, Gupta also gave detailed information about his background, what he's gone through after chemotherapy, and what to expect after the bone marrow transplant. When he started blogging about his disease, Gupta knew the odds were not in his favor. Gupta is of South Asian descent, and according to the American Bone Marrow Registry, the odds of a South Asian person finding a perfect "10 out of 10" match is 1 in 20,000. But after more than 7,000 reblogs, countless tweets, 100 bone marrow donor drives, and even an art exhibit, Gupta succeeded. In an update on Tumblr, he thanked everyone who helped him by saying, "You all literally helped save my life." Gupta realizes there is a long road of treatment and recovery ahead of him, but he remains optimistic, saying, "A few months ago, I didn't have any options. Today I have a plan." Gupta arrives at Boston's Dana-Farber Cancer Institute today to begin his four- to five-week treatment. He plans to continue blogging about his recovery as his treatment progresses.

Unfortunately, not all pleas for help are legitimate. A woman in Colorado is also benefiting from the kindness of others, but her cancer diagnosis was a fabrication. Jennifer Stover, a 35-year-old hospice worker, decided to fake having uterine cancer in 2008. While Stover worked at Collier Hospice in Wheat Ridge, Colorado, she allegedly told her co-workers that she was battling cancer and was going through "experimental treatments." She solicited funds from good Samaritans to help with "cancer treatment and expenses" and ended up swindling more than $30,000 from 16 victims. A Jefferson County grand jury indicted Stover on charitable fraud and the theft of $20,000 or more. The indictment further states that Stover has never had cancer, nor has she ever been medically treated for cancer. The jig was up in 2010, when Stover needed verification for her medical absence, and instead of providing it, she resigned. Tuesday, her bail was posted at $5,000, but she made bond and was released.

Amit Gupta Needs You!: http://amitguptaneedsyou.com/

Illinois Lawmakers urged to toughen up on disabled parking abuse | Jan 19, 2012

By Marni Pyke | The Daily Herald

As disability liaison for the Illinois secretary of state, Bill Bogdan is well-versed in issues facing the disabled community.

But his knowledge is no help when another motorist illegally parks in a disability parking space.

“I’ve had people beat me to a spot and then run out of their vehicle,” said Bogdan, who uses a wheelchair. “Or park in the access aisle, which doesn’t allow me adequate room to get in and out.”

Bogdan and other disability experts testified Thursday at a hearing in Chicago where Secretary of State Jesse White called for toughening penalties against scofflaws.

White is seeking to make using a dead person’s disability placard or license a misdemeanor, subject to a $2,500 fine and a one-year driver’s license revocation.

Also, he wants to increase driver’s license suspensions from 30 days to six months for first-time offenders who misuse a placard or license, plus increase fines and license suspension periods for repeat offenses.

Three Illinois lawmakers at the Advisory Committee on Traffic Safety voted to support his initiative.

There are more than 577,000 disability placards and about 82,000 disability license plates in Illinois. Authorities said fraud and misuse of placards and plates is widespread — from able-bodied people borrowing them to parking in designated spots without justification.

That can make “finding a parking spot like looking for the Holy Grail,” said Chicago Mayor’s Office for People with Disabilities Commissioner Karen Tamley, who uses a wheelchair.

A disability parking enforcement effort from Thanksgiving through Dec. 31 resulted in 187 citations statewide.

# http://www.dailyherald.com/article/20120119/news/701199735/

Autism's New Definition May Exclude Many, Study Suggests | Jan 19, 2012

By BENEDICT CAREY | The New York Times | Jan 19, 2012

Proposed changes in the definition of autism would sharply reduce the skyrocketing rate at which the disorder is diagnosed and may make it harder for many people who would no longer meet the criteria to get health, educational and social services, a new analysis suggests.

The definition is under review by an expert panel appointed by the American Psychiatric Association, which is completing work on the fifth edition of its Diagnostic and Statistical Manual of Mental Disorders. The D.S.M, as the manual is known, is the standard reference for mental disorders, driving research, treatment and insurance decisions.

The study results, presented on Thursday at a meeting of the Icelandic Medical Association, are still preliminary, but they offer the latest and most dramatic estimate of how tightening the criteria for autism could affect the rate of diagnosis. Rates of autism and related disorders like Asperger syndrome have taken off since the early 1980s, to prevalence rates as high as one in 100 children in some places. Many researchers suspect that these numbers are inflated because of vagueness in the current criteria.

“The proposed changes would put an end to the autism epidemic,” said Dr. Fred R. Volkmar, director of the Child Study Center at Yale University School of Medicine and an author of the new analysis. “We would nip it in the bud — think of it that way.”Experts working on the new definition — a group that formerly included Dr. Volkmar — strongly questioned the new estimate. “I don’t know how they’re getting those numbers,” said Catherine Lord, a member of the task force working on the diagnosis.

Previous projections have concluded that far fewer people would be excluded under the proposed diagnosis change, said Dr. Lord, director of the Institute for Brain Development, a joint project of NewYork-Presbyterian Hospital, Weill Cornell Medical College, Columbia University Medical Center and the New York Center for Autism.

Disagreement about the effect of the new definition will almost certainly increase scrutiny of the finer points of the psychiatric association’s changes to the manual The revisions are about 90 percent complete and will be final by December, according to Dr. David J. Kupfer, a professor of psychiatry at the University of Pittsburgh and chairman of the task force making the revisions.

At least a million children and adults have a diagnosis of autism or a related disorder, like Asperger syndrome or “pervasive developmental disorder, not otherwise specified” — or P.D.D.-N.O.S. People with Asperger’s or P.D.D.-N.O.S. endure some of the same social struggles as those with autism but do not meet the definition for the full-blown version. The proposed change would consolidate all three diagnoses under one category, autism spectrum disorder, eliminating Asperger syndrome and P.D.D.-N.O.S. from the manual. Under the current criteria a person can qualify for the diagnosis by exhibiting six or more of 12 behaviors; under the proposed definition, the person would have to exhibit three deficits in social interaction and communication and at least two repetitive behaviors — a much narrower menu.

Dr. Kupfer said the proposed changes were an attempt to clarify these permutations and put them under one name.

Hundreds of thousands of people receive state-backed special services to help offset the disorders’ disabling effects, which include learning and social problems, and the diagnosis is in many ways central to their lives. Close networks of parents have bonded over common experiences with children; and the children, too, may grow to find a sense of their own identity in their struggle with the disorder.

Mary Meyer, of Ramsey, N.J., said that a diagnosis of Asperger syndrome was crucial in getting her daughter, who is 37, access to services that have helped tremendously. “I’m very concerned about the change in diagnosis because I wonder if my daughter would even qualify now,” she said. “She’s on disability, which is partly based on the Asperger’s, and I’m hoping to get her into supportive housing, which also depends on her diagnosis.”

Mark Roithmayr, president of Autism Speaks, an advocacy organization, said that the proposed diagnosis should bring needed clarity but that the effect on services was not yet clear. “We need to carefully monitor the impact of these diagnostic changes on access to services and ensure that no one is being denied the services they need,” Mr. Roithmayr said by e-mail. “Some treatments and services are driven solely by a person’s diagnosis, while other services may depend on other criteria such as age, I.Q. level or medical history.”

In the new analysis, Dr. Volkmar, along with Brian Reichow and James McPartland, both at Yale, used data from a large 1993 study that served as the basis for the current criteria. They focused on 372 children and adults who were among the highest-functioning and found that over all, only 45 percent of them would qualify for the proposed autism spectrum diagnosis now under review. The focus on a high-functioning group may have slightly exaggerated that percentage, the authors acknowledge.

The likelihood of being left out under the new definition depended on the original diagnosis: About a quarter of those identified with classic autism in 1993 would not be so identified under the proposed criteria; about three quarters of those with Asperger’s would not qualify; and 85 percent of those with P.D.D.-N.O.S. would not.

Dr. Volkmar presented the preliminary findings on Thursday. The researchers will publish a broader analysis, based on a larger and more representative sample of 1,000 cases, later this year. Dr. Volkmar said that although the proposed diagnosis would be for disorders on a spectrum and implies a broader net, it focuses tightly on “classically autistic” children on the more severe end of the scale. “The major impact here is on the more cognitively able,” he said.

Dr. Lord said that the study numbers are probably exaggerated because the research team relied on old data, collected by doctors who were not aware of what kinds of behaviors the proposed definition requires. “It’s not that the behaviors didn’t exist, but that they weren’t even asking about them — they wouldn’t show up at all in the data,” Dr. Lord said.

# http://www.nytimes.com/2012/01/20/health/research/new-autism-definition-would-exclude-many-study-suggests.html

Illinois Gov Quinn Announces Closing Tinley Park Mental Health Center and Jacksonville Developmental Center | Jan 19, 2012

Press Release January 19, 2012

Governor Quinn Announces Active Community Care Transition Plan
Rebalancing Plan Will Increase Community Care Options for People with Developmental Disabilities and Mental Health Conditions

SPRINGFIELD – January 19, 2012. Governor Pat Quinn today announced a plan to rebalance the state’s approach to care for individuals with developmental disabilities and mental health conditions. Called the Active Community Care Transition (ACCT) plan, the initiative will increase the number of people with developmental disabilities and mental health conditions living in community care settings across Illinois. Under the first phase of the plan, residents of Jacksonville Developmental Center (JDC) in Jacksonville, IL and patients of Tinley Park Mental Health Center (MHC) in Tinley Park, IL will be transitioned to community settings and the facilities eventually closed.
“My administration is committed to increasing community care options and improving the quality of life for people with developmental disabilities and mental health conditions,” Governor Quinn said. “The approach we are taking will allow for the safe transition of care for some of our most vulnerable citizens to community care settings. I want to thank the members of the public, the General Assembly and advocates who worked with my administration to meet this challenge and help our state move forward.”

Rebalancing Background

In November, the Quinn administration announced its intention to rebalance Illinois’ use of institutionalization for the care of people with developmental disabilities. Illinois lags behind the rest of the nation in the utilization of person-centered, community-based care, which has been demonstrated to allow people with developmental disabilities to lead more active, dynamic lives.
Community settings allow individuals to receive the care they need – including 24-hour care – in their hometown and even their family home. Community care can also be significantly less costly than institution-based care. The ACCT also dovetails with the administration’s recent settlement of a series of court cases related to the Americans with Disabilities Act, requiring the expansion of community care settings.
The administration has worked collaboratively with the General Assembly on this initiative, receiving valuable input from members of the Commission on Government Forecasting and Accountability (COGFA) following public hearings in October and November. The General Assembly also worked with the administration to reallocate funds to allow continued operation of all state facilities through the end of Fiscal Year 2012 (June 30, 2012).
In December, the administration created a bipartisan and bicameral working group, with members appointed by the four legislative leaders, to seek input on the rebalancing and closure process. Incorporating their input, the administration developed a series of objective criteria to determine the facilities that will transition to closure, including ability to recruit staff, economic impact, certification status and physical condition. As different issues affect the Division of Developmental Disabilities and the Division of Mental Health, 10 criteria were developed for the former, 18 for the latter.
The ACCT is a policy decision that also has positive fiscal benefits for the state. In addition to improving quality of life for hundreds of individuals across the state, the move is expected to save the state of Illinois $19.8 million annually, and allow for alternative uses of some of the state’s costliest facilities.

Transition Plan Development and Implementation

To accomplish the plan safely and effectively, the administration brought on Mark Doyle as the state’s Transition of Care Project Manager in October. Mr. Doyle has 33 years of experience in the disability community and has worked in several states to expand community care options and move away from institutionalization. Mr. Doyle is nationally known for his work in the area of community integration and inclusion of people with disabilities in all areas of life. He is highly recognized for his involvement in providing technical assistance to states, community provider agencies, schools and parent groups to create successful community integration.
Mr. Doyle, working alongside senior members of the administration and the Department of Human Services (DHS), developed the ACCT, which includes a comprehensive plan to build additional community capacity and infrastructure for care, as well as a grant to hire nationally-recognized Community Resource Associates (CRA) to conduct independent needs evaluations of each resident of state facilities to ensure they have the resources they need for a successful transition to community care.
The ACCT calls for a “person-centered approach”, meaning that individuals and their families will be a significant part of designing the program that best fits their needs and desires. In accordance with the ‘money follows the person approach’ to rebalancing, after evaluations, each transitioning resident will receive an individualized budget based on their particular support needs. Those with more challenging needs will receive more funds for their care with the average anticipated budget of $7,000 a month per person. The smaller community care options will also allow the state to utilize federal funding for this purpose, reducing state costs.
While there are numerous community care settings currently available in Illinois, the increase in the number of individuals using community care will require the state to develop new settings and options. Unlike state institutions, which may be hundreds of miles from an individual’s hometown, individuals and families will have the choice of community in which their care options are developed. Options will also be available for community care at home, if the individual and their family desires.
The ACCT will also utilize both family-to-family and individual-to-individual mentoring strategies, so that individuals and families will know what to expect and have a support system in place during and after transition. For interested individual and families, the state is also establishing microboards and cooperatives to guide and develop person-centered services options. The administration will work closely with the Illinois Association of Microboards and Cooperative in educating individuals and families as well as providing the technical assistance for those interested in that option.

Division of Developmental Disabilities – Jacksonville Developmental Center

In DHS’ Division of Developmental Disabilities, a total of 600 individuals will transition into community settings over the next two and a half years, allowing DHS to close up to four state institutions, the first of which will be JDC. Working with the individual, parents and guardians, residents at JDC will be evaluated to determine their needs and their individualized and appropriate community care option. A good match between the individual’s needs and community care option is essential to ensure a successful transition.
“Community-based care is about quality of life,” director of the Division of Developmental Disabilities Kevin Casey said. “Through this careful, deliberate process, Illinois will improve quality of life for hundreds of people with developmental disabilities, while realizing significant savings through the closure of a costly state facility.”
One of the advantages of community care is its much lower cost compared to institution-based care. For people with developmental disabilities, the state spends on average, between $150,000 and $210,000 per person per year in a state facility, versus the $45,000 to $84,000 per year average in community care.
Matching individuals with both existing and new providers, the ACCT calls for 20 residents a month to move from JDC into community care settings. JDC is anticipated to complete transitions in time for an early October 2012 closure.

Division of Mental Health – Tinley Park MHC

In the Division of Mental Health (DMH), Tinley Park MHC will be phased out, with an increase in capacity at community providers and hospitals in the area for those with acute mental health conditions. Tinley Park MHC currently serves only acute-care patients, whose treatment periods usually last between 24 hours and 21 days. Admissions will be halted, allowing all patients to complete their course of treatment before the anticipated early July 2012 closure. Patients with challenges that require ongoing care will be transitioned to care at community providers or hospitals.
Aside from forensic patients remanded into state custody by the courts, state-run mental health facilities primarily serve acute care patients who do not have access to health insurance or Medicaid. As the Affordable Care Act continues going into effect, many people currently without access to health coverage will attain it, reducing the number of beds needed in state-run psychiatric hospitals and mental health facilities. The DMH, however, is actively securing additional beds at community providers and hospitals in the area surrounding Tinley Park MHC to ensure that services in the area are not interrupted.
“The health and safety of those with mental health conditions is our primary concern,” director of the Division of Mental Health Dr. Lorrie Jones said. “This transition will allow us to expand our community and hospital partners while ensuring continued care for those with mental health challenges.”

Closure of Facilities

While improving quality of life is the fundamental purpose of the ACCT, closure of state facilities is expected to save the state of Illinois significant annualized costs. Facilities chosen for closure were evaluated based on 10 objective criteria developed by the administration, with input from members of the legislative workgroup. The first phase of this transition will allow the state to close JDC and Tinley Park MHC, two of the state’s oldest, most inefficient, and costliest facilities to run.
JDC currently costs the state approximately $27.9 million per year to run. After accounting for state costs under community care, Illinois will realize approximately $11.7 million per year in savings, after $16.2 million in community investment. Tinley Park MHC would cost $20.6 million to run in FY 2013. Savings following the closure of Tinley MHC are expected to be approximately $8.1 million after a $9.8 million reinvestment in community services for individuals with mental health challenges.
The physical condition of the facilities was a vital criterion in considering which facilities to transition to closure. Parts of JDC date from the 1850s, and the coal boiler at the facility spends $1.2 million in coal per year, or about $7,000 per resident to heat per year. Of the 8 buildings at Tinley Park MHC, only 5 are operational. The facility was decertified by the federal government in 2009, with recertification unlikely. The Tinley Park facility also shares a campus with the previously closed Howe Developmental Center, preventing the sale of prime real estate for development in Chicago’s south suburbs.
Economic impact was also a criterion in evaluating facilities for transition to closure. The administration realizes that the closure of state facilities will have an economic impact on Jacksonville, Tinley Park and their surrounding communities. However, an Economic Impact Index examination demonstrated that the impacts on Jacksonville and Tinley Park were among the lowest of communities with state facilities.
The JDC currently employs 379 and Tinley Park MHC employs 175 people. Many of these jobs, however, will be absorbed into the local communities. As part of the ACCT development, the Illinois Department of Employment Security (IDES) ran a survey of employers in the counties surrounding each state facility for job openings with titles matching those at each site (i.e., registered nurse openings in the Jacksonville area). As of January 9, 2012:
· 95 matching job titles matching 679 openings existed in the counties surrounding the JDC, and
· 295 matching job titles matching 14,015 openings existed in the counties surrounding Tinley Park MHC.
The development of community care in these areas will also result in additional job creation in these areas.
The administration will provide regular updates to families, communities, unions, advocates and legislators on the first phase of the ACCT, as well as announcements later in the year for phase two and beyond as Illinois continues its transition to increased community care options.
###

http://www.illinois.gov/PressReleases/ShowPressRelease.cfm?SubjectID=1&RecNum=9977

Medicare Tightens Rules On Power Wheelchairs on Jan 1, 2012

Mark Huffman | ConsumerAffairs.com |

New law designed to reduce fraud by equipment salesmen

The TV commercial for a chain of motorized wheelchair stores features a geriatric spokesmodel who exclaims, "I didn't pay a penny for my Scooter, Medicare paid it all!"

If that was ever the case, things may be changing. A new law ends the first month purchase option for Medicare patients, as well as expansion of the competitive bidding process to provide equipment to Medicare recipients.

Companies that make and market these high-tech chairs to Medicare patients see the change as a threat. Jay Broadbent, CEO of Salt Lake City-based Alpine Home Medical, noted that these changes are coming at a time when power mobility providers are already experiencing increasing government audits, delays in reimbursement payments, and reimbursement cuts of more than 35 percent over the last five years.

Provider push-back

"Providers are at the point where we can't endure any more financial pressure and continue to offer quality products and services to Medicare beneficiaries," said Broadbent. "There has to be a realization in Washington that the fallout from the competitive bidding fiasco and elimination of the first-month purchase option is going to have a major impact on Medicare beneficiaries. There simply are not going to be enough providers left standing to supply them with mobility equipment."

By eliminating the option for the first-month purchase, the government plans to pay providers rental payments over the first 13 months that a patient has the equipment. But with credit tight in the sluggish economy, many providers say they can't obtain the lines of credits and loans they need to afford the upfront cost of purchasing power wheelchairs from manufacturers.

The new law is scheduled to take effect on January 1, but providers are asking Congress to delay implementation for one year so they can have time to adjust their business models to account for the cash flow problems created by the new policy. Currently, Medicare will pay 80 percent of the Medicare-approved amount for a qualifying wheelchair, assuming you have met your Part B deductible and your doctor tells Medicare the wheel chair is medically necessary.

Fraud

The new law comes at a time when Medicare has been cracking down on fraud related to the purchase of power wheelchairs, which can cost thousands of dollars.

Last month the Justice Department announced the guilty pleas of three people in connection with a Medicare fraud scheme operated out of a Houston-area durable medical equipment (DME) company.


In their pleas, the defendants admitted that they were paid kickbacks in exchange for referring Medicare beneficiaries to the DME company, Luant & Odera Inc. Luant & Odera submitted false and fraudulent claims to Medicare for medically unnecessary DME, including power wheelchairs, wheelchair accessories, and motorized scooters.

On its website, Medicare explains its concern with fraud, noting that most doctors, health care providers, suppliers, and private companies who work with Medicare are honest, but a few aren't.

"For example, some suppliers of medical equipment try to cheat the Medicare Program by offering power wheelchairs and scooters to people who don't qualify for these items under Medicare," the agency says. "Medicare is trying harder than ever to find and prevent fraud and abuse by working more closely with health care providers, strengthening oversight, and launching a national program to review claims."

Medicare offers the following red flags when dealing with equipment suppliers:

# Suppliers offer you a free wheelchair or scooter

#Suppliers offer to waive your copayment

#Someone bills Medicare for equipment you never got

#Someone bills Medicare for home medical equipment after it has been returned


Copyright © 2012 ConsumerAffairs.com. All Rights Reserved

Illinois School for the Deaf and the Illinois School for the Visually Impaired to charge fees for non-academic services | Jan 18, 2012

By CHRIS WETTERICH | GateHouse News Service | Jan 18, 2012

ISD, ISVI, to charge fees for non-academic services

SPRINGFIELD -- Gov. Pat Quinn has signed a bill that allows the Illinois School for the Deaf and the Illinois School for the Visually Impaired to charge fees for non-academic services, such as sports, that in some cases used to be free.

Senate Bill 274 revises earlier legislation that required a financial analysis for each student attending the schools, both of which are in Jacksonville, and an analysis of the cost of non-education-related services.

Each parent of a student would have had to disclose his or her income to the state and prove it. Parents of children who live at one of the schools were to have been charged for room and board based upon a sliding scale determined by income.

That legislation, sponsored by state Rep. Sara Feigenholtz, D-Chicago, and Sen. Heather Steans, D-Chicago, was determined to run afoul of federal law. Feigenholtz has been a staunch opponent of state institutions, instead of community-based entities, for children with special needs.

There was also talk in the Quinn administration in 2011 of closing the two schools, a discussion described by officials as "just a budget exercise."

Federal law guarantees students in special education a free and appropriate education, said Mary Lauderdale, the superintendent of both schools.

“As the Department of Human Services looked at the bill, it didn’t comply with the individuals with disabilities act,” she said. “This puts that bill in compliance and calls for basic registration and fees.”

The School for the Deaf has traditionally imposed certain fees. An athletic fee is being added. Fees have not been charged at the School for the Visually Impaired.

The new fees vary, depending on the student’s participation in activities, and would max out at around $200 for athletes, Lauderdale said.

Rep. Jim Watson, R-Jacksonville, the House sponsor, said DHS initiated the bill.

“They found there are limits to what they can charge people based on federal law,” he said. “That was an initiative of the agency.”

Parents have not complained about the cost, Lauderdale said, adding that families below the poverty line do not have to pay any fees.

“They see the importance of the school,” Lauderdale said. “They’ve gotten a pretty good bargain up until now. We are having no problem collecting those fees.”

The fees also allow the schools to make the case that families are paying something for the services they are getting. There is no estimate of how much money will be raised by the fees, Lauderdale said.

“Something is better than nothing,” she said. “We want to be as much like a regular school as possible.”

Chris Wetterich can be reached at (217) 788-1523.

# http://www.mcdonoughvoice.com/news/state_news/x255293249/ISD-ISVI-to-charge-fees-for-non-academic-services
Copyright 2012 McDonough County The Voice. Some rights reserved

Paralyzed Nevada man reaches South Pole | AP Jan 18, 2011

RENO, Nev. (AP) — A Nevada man paralyzed in a 2010 snowmobiling accident has reached the South Pole, traveling about 75 miles in sub-zero temperatures over two weeks to complete the trip on the 100th anniversary of Capt. Robert Falcon Scott's trek there with the Terra Nova Expedition.

Grant Korgan, who is paralyzed from the waist down, used a device called a sit-ski to reach the pole 100 years to the day after the British explorer completed the journey on Jan. 17, 1912.

"Although my body has been broken, my spirit never will be. I am unbreakable!" Korgan, 33, of Incline Village, said in a statement posted on the crew's Web site.

Korgan's expedition party included paralympian John Davis, two guides and cinematographers who are shooting for a documentary called "The Push: A South Pole Adventure." The film is expected to be released later this year.

The team trained for a year with various missions in Alaska, Norway, Lake Tahoe and South America. Korgan estimated he'd have to push the sit-ski approximately 250,000 times over the course of the trip.

"Grant just pulled off one of the most amazing athletic achievements in modern history and a first for adaptive athletes," said Steven Siig, director of the documentary film.

"This is a historic day in the name of recovery, technology, adventure and the human potential," he said.

The challenge was intended to help raise money for the California-based nonprofit High Fives Foundation, which helps injured winter athletes recover and get back to their sport. It also supports the Reeve Irvine Research Center, a science research facility at University of California, Irvine devoted to the study of repair, regeneration and recovery of function after spinal cord injury.