Disability News Service, Resources, Diversity, Americans with Disabilities Act; Local and National.

Tuesday, July 10, 2012

LIHEAP Summer Energy Assistance Program - July 11, 2012 to July 27, 2012 or when funds are exhausted.

In response to high summer temperatures and based on the availability of funds, a LIHEAP Summer Energy Assistance Program will be implemented this summer.

Local LIHEAP agencies will operate the Summer Energy Assistance Program as a component of the 2013 LIHEAP. This program begins on July 11, 2012, and will conclude on July 27, 2012 or when funds are exhausted.

The LIHEAP Summer Energy Assistance Program is targeted to at-risk households, defined as seniors, persons with disabilities, families with children less than 60 months (5 years) of age as of the date of application, and those with medical conditions that would be aggravated by extreme heat. To qualify, these at-risk households must have incomes equal to or less than 150 percent of the poverty level as defined in the 2012 HHS Poverty Guidelines and included in procedure Letter 2013-02 sent on May 31, 2012.

The focus of the cooling program is electric service. The program's benefits are Summer Energy Assistance payments of $150.00 to electric providers.
For LIHEAP visit: http://www.liheap.org/

U.S. Access Board Organizes Advisory Committee on Standards for Medical Diagnostic Equipment | July 3, 2012

The Board has named an advisory panel to provide recommendations on new standards for medical diagnostic equipment that were released for public comment earlier this year. The new committee will advise the Board on matters associated with the comments the Board received and information it requested in proposing the standards.

The Board named members to the committee based on responses to a notice it issued requesting nominations. Members of the Medical Diagnostic Equipment Accessibility Standards Advisory Committee include:

• The ADA National Network
• Boston Center for Independent Living
• Brewer Company
• Conference of Radiation Control Program Directors, Inc.
• Duke University and Medical Center
• Equal Rights Center
• Evan Terry Associates, P.C.
• GE Healthcare
• Harris Family Center for Disability and Health Policy at Western University of Health Sciences
• Hausmann Industries, Inc.
• Hill-Rom Company, Inc.
• Hologic, Inc.
• Medical Positioning, Inc.
• Medical Technology Industries, Inc.
• Midmark Corporation
• National Council on Independent Living
• Paralyzed Veterans of America
• Philips Healthcare
• Scale-Tronix, Inc.
• Siemens Medical Solutions USA, Inc.
• Stryker Medical
• Sutter Health
• United Spinal Association
• University of the Sciences in Philadelphia, Department of Occupational Therapy
In addition, representatives from the departments of Health and Human Services, Justice, and Veterans Affairs will serve as ex officio members. The committee is structured to represent balanced cross section of stakeholders and interested parties, including medical device manufacturers, health care providers, disability groups, and others, as indicated in a recent notice. The Board regrets not being able to accommodate all requests for committee membership.

The dates for the committee's first meeting, which will take place in September at the Board's conference center, are being finalized. The committee is expected to meet at least four times over the course of two months. Committee meetings will be open to the public and will provide opportunities for all interested parties to provide information and make comments. Its work will be conducted in accordance with regulations governing Federal advisory committees. Committee membership is voluntary, and members will not be paid or reimbursed for their services.

For further information, visit the Board's website or contact Rex Pace at pace@access-board.gov, (202) 272-0023 (v), or (202) 272-0052 (TTY). Those interested in this rulemaking and the work of the committee can sign up to receive further updates.

For the U.S. Access Board, visit: http://www.access-board.gov/

Saturday, July 7, 2012

Countdown to the ADA anniversary of July 26 - AAPD Speaks to Sue Swenson - (video)

The American Association of People with Disabilities (AAPD) released video's leading up to July 26, (in 2010) the 20th anniversary of the ADA....



YouTube Uploaded by AAPDvideo on Jun 30, 2010

TRANSCRIPT

Hi, my name is Sue Swenson. I am a mother of three sons. My middle son, Charlie, is an adult man who has multiple complex developmental disabilities, born in 1982, so before the ADA. I'm a Minnesota native, but I've been in D.C. since 1998 when I came -- actually, I came in '96 to do a Kennedy Fellowship in the U.S. Senate and in '98 I came back to do a White House appointment in the Administration on Developmental Disabilities.

What does the 20th anniversary mean to you?

I am really excited about the 20th anniversary of the ADA. First, because my son was born before it passed, and some of us from Minnesota happened to be in D.C. in 1989. We did manage to meet with the second senator, the junior senator from Minnesota at that time, Rudy Boschwitz, and turned him around. There were about 14 of us, half people with disabilities and half parents. So my introduction to the ADA was really very much about different parts of the disability community all working together, including families. Sometimes families are seen as outsiders a little bit, because we don't really understand disability when our kids are born. We are thrown into a medical model right away and it's kind of hard to fight your way out of that. To me the 20 years of the ADA has meant my coming of age with understanding what a disability culture is or what a disability paradigm is.

What changes have you seen as a result of the ADA?

One of the key changes that I have seen with the ADA was after the Supreme Court Olmstead decision, [which] really reached out in the developmental disability community and said, no, it's not okay to take people who have complex disabilities and hide them off to the side in some institutional setting, that really people had the right to the least restrictive environment or the most integrated setting or, in my mind, what do we need segregation for at all? So I think we have to start with full inclusion, full belonging and move from there. Of course there is no reason you can't be a little bit beyond compliance with the law. So I am always working in that space, trying to help people understand that just the compliance level with ADA is really not what we are looking for. We are looking for a vibrant and inclusive society that brings everyone into the fold and into belonging. And I think that we are starting to see that, I think it used to be harder in school, it used to be harder in communities to look at inclusion.

What still needs to be done or changed regarding the ADA?

As a society, we are so fast. Everything is so fast with us that 20 years seems like, "Hey, we should be done." And we're not done, we're not going to be done with the ADA. The Universal Declaration on Human Rights says that we have the right to a revolution. And I know I don't look like much of a revolutionary, but in many ways I am, and I think many of us who live with disabilities in our lives are revolutionaries. Not in the political or military sense, but in the social and cultural sense, and there are many changes that need to happen, coming in behind ADA. Reaching out to families, to help them understand that there are guideposts here. The wisdom of people with disabilities can help us figure out what do we want for our kids when they grow up. How can we begin to use the ADA to understand things like special education? Are we using our time with an IEP to really develop accommodations for our sons and daughters? Moving from that medical model of, say, therapy, cure, into more of an ADA world that says, what accommodations would allow my son or daughter to live with freedom, equality and liberty in the United States?

For The American Association of People with Disabilities (AAPD):
http://www.aapd.com/

Illinois Gov Quinn orders oversight of investigations into the deaths of adults with disabilities | July 6, 2012

CHICAGO (AP) — Illinois Gov. Pat Quinn issued an executive order Friday to increase state oversight of investigations into the deaths of adults with disabilities following a newspaper report that uncovered problems.

Last week, a Belleville News-Democrat investigation revealed that, since 2003, the inspector general of the Department of Human Services did not investigate 53 cases called into the agency's hotline about disabled adults living at home who were allegedly abused or neglected and later died.

Quinn's office said that William M. Davis, who was named inspector general in 2006, offered his resignation Friday. It'll be effective Aug. 1.

The newspaper found Davis' office was interpreting state law as barring it from investigating deaths because "the dead are ineligible for services." Davis, a state contract employee, collects a pension from his 25 years with the Illinois State Police, where he was a regional commander.

Quinn's executive order stated that "immediate improvements must be made" in referring, documenting and following up on the deaths of adults with disabilities when abuse, neglect or exploitation is suspected.

Advocates for the disabled applauded the governor's action.

"We urge DHS to act immediately in compliance with the governor's order," said Amber Smock of the Chicago-based group Access Living. "People with disabilities, just like all human beings, deserve peace of mind in knowing that they are safe at home. Fear that they may not be safe can lead to unnecessary and unwanted institutionalization."

Quinn ordered the inspector general's office "regardless of the circumstances" to report deaths that are the subject of pending complaint investigations to both the appropriate law enforcement agency and the coroner or medical examiner. The order also includes requirements for documentation and follow-up on deaths.

Quinn also ordered a review of all deaths of disabled adults since 2003 that were the subject of hotline calls but were not investigated.

"My action today will strengthen the protection of adults with disabilities and ensure the necessary steps are taken if abuse or neglect takes place," Quinn said in a statement.

The Belleville newspaper also found that coroners and medical examiners in 10 of the state's largest counties hadn't received calls from the Office of the Inspector General for the department after a disabled adult who lived at home died.

The newspaper reported that the agency determined a large number of calls to its abuse hotline weren't accepted by hotline operators for investigation. A total of 534 calls, 41 percent of the 1,289 calls received, were listed as non-reportable in 2011.

The calls included cases like Bonnie Matyasik, 51, who was suffering from end-stage cirrhosis and arrived at an emergency room Jan. 26, 2009, near Chicago with dried feces in her hair and under her fingernails. Matyasik was bruised and scraped along one entire side of her body from being dragged across a concrete floor by her mentally impaired caregiver. She died two days later.

"We recognize the deficiencies within the program and are committed to improving it," DHS Secretary Michelle Saddler said Friday in a statement from the governor's office.

Illinois Group-Home Death of Paul McCann - Prison Sentence for employee Keyun Newble | July 6, 2012

CHARLESTON, Ill. (AP) — A former employee at a group home in eastern Illinois has been sentenced to eight years in prison in the death of a developmentally disabled resident — a case that was the subject of previous 2 Investigators reports.

The Mattoon Journal-Gazette and Times-Courier in Charleston reports 27-year-old Keyun Newble was sentenced Friday in Coles County. Newble was convicted of involuntary manslaughter in April.

Newble admitted pushing the man during a confrontation last year but said he managed to stop a co-worker and co-defendant from beating him even more severely. The victim, Paul McCann, later died from what his family called “torture-like” punishment at the group home in Charleston.

The facility was part of a network of group homes run by the nonprofit Graywood Foundation that came under intense state scrutiny.

The case against Newble’s co-defendant, Marquis Harmon, is still pending.

(© Copyright 2012 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

Friday, July 6, 2012

NYC Doesn’t Need to Offer More Taxis for Disabled: Federal Appeals Court | June 2012

A federal appeals court on Thursday ruled that New York City’s Taxi and Limousine Commission is not responsible for increasing the number of wheelchair-accessible taxicabs in the city.

Overturning a lower court ruling against the TLC, the Second Circuit U.S. Court of Appeals found that the city’s taxi regulators were not in violation of the Americans with Disabilities Act and vacated an order that would have compelled all new yellow cabs to be equipped to handle wheelchairs until the system provided more robust access.

“It may be that there is a failure to provide meaningful access to taxis for persons with disabilities,” the ruling read. “But if so, it is a failure of the taxi industry in New York City.”

Neither the district court nor the appeals court agreed with the suit’s plaintiffs, including two wheelchair users, that the TLC is the “operator” of the city’s privately owned taxi industry, despite what the appeals court called its “pervasive” control over individual drivers and taxi owners.

But the lower court had ruled that the commission violated the ADA because so few of the city’s taxis are accessible to the disabled.

Of the 13,237 taxi medallions in the city, only 231 are reserved for wheelchair-accessible cabs, the court said in its decision. The chance of hailing an accessible cab within 10 minutes in Manhattan is only 3.3%, the court noted, compared to 87.3% for any yellow cab.

But the court found that the paucity of accessible taxis cannot be held against the regulators, since nothing in the industry’s rules precludes any taxi medallion owner from furnishing a cab that can handle a wheelchair.

The taxi industry is private, the court found.

“Accordingly, even if private industry (such as the New York City taxi industry) fails to provide meaningful access for persons with disabilities, a licensing entity (such as the TLC) is not therefore in violation” of the federal law, the court wrote, “unless the private industry practice results from the licensing requirements.”

The ruling removes one of the most pressing legal challenges to the TLC’s administration of the yellow taxi industry, even as the city is moving forward with a major expansion of car service.

Still on hold is a plan that would auction off 2,000 new yellow cab medallions, while permitting up to 18,000 livery cabs to convert to a new hybrid model — known as “borough taxis” — which would be permitted to accept street-hail customers outside most of Manhattan and the city’s airports.

That plan, passed by state lawmakers with the support of Mayor Michael Bloomberg, has been temporarily stayed by a state judge on the grounds that supporters skirted the City Council to get it approved in Albany. The TLC and the taxi industry are awaiting a ruling on additional challenges to the borough taxi law, whose opponents say it will dilute the value of medallions.

Article By Ted Mann | The Wll Street Journal | June 28, 2012
http://blogs.wsj.com/metropolis/2012/06/28/court-city-doesnt-need-to-offer-more-taxis-for-disabled/

Did U.S. Rep. Walsh question Tammy Duckworth's 'hero' status during CNN interview?

CNN
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Article By Katherine Skiba | Chicago Tribune | July 04, 2012


Republican Rep. Joe Walsh is coming under Democratic fire over remarks that appeared to question whether challenger Tammy Duckworth, a Black Hawk helicopter pilot who lost her legs in combat in Iraq, was a "true hero." Duckworth's campaign on Tuesday called the comments an insult to veterans, while Walsh insisted that his words were being distorted and that he indeed believed she was a war hero.

The first-term lawmaker from McHenry made the controversial remarks Sunday at a campaign event in Elk Grove Village, and the comments gained attention after Democratic critics posted a video. Walsh began his criticism of Duckworth on Sunday by noting that heroes such as Sen. John McCain, R-Ariz., a former Vietnam prisoner of war, were uncomfortable talking about their service.

He said political advisers for McCain, the 2008 Republican presidential nominee, "day after day had to take him and almost throw him against a wall and hit him against the head and say, 'Senator, you have to let people know you served!'"

"That's what's so noble about our heroes," Walsh said. "Now I'm running against a woman who, I mean, my God, that's all she talks about. Our true heroes, the men and women who served us, it's the last thing in the world they talk about."

McCain wrote about his experiences in a best-seller, "Faith of My Fathers," and during his GOP acceptance speech in 2008, he referred to his time as a POW.

Walsh's remarks are being publicized by two groups that have begun online petitions against him.

The petition from VoteVets.org says it's time to teach Walsh that "all of our veterans are heroes and that we can never recognize them enough for their service." The petition from EMILY's List, which supports Democratic women who favor abortion rights, urges: "Stop the GOP from taking down our pro-choice champions. Tell Joe Walsh to stop questioning Tammy Duckworth's heroic service to our country!"

Duckworth, a former state and federal veterans affairs official from Hoffman Estates, is challenging Walsh in the Nov. 6 election for Illinois' 8th Congressional District seat in the north and northwest suburbs. She is a lieutenant colonel in the Illinois Army National Guard.

Kaitlin Fahey, Duckworth's campaign manager, said in a statement Tuesday: "Congressman Walsh's comments insult those who sacrificed to make this country free."

In response to the Democratic criticism, Walsh issued a statement calling the controversy a "political ploy to distort my words and distract voters."

"Of course Tammy Duckworth is a hero," he said. "I have called her a hero hundreds of times."

He added, though, that most veterans he has met since entering Congress rarely talk about their service or combat experiences while "that is darn near all of what Tammy Duckworth talks about."

McCain, too, has been a target of Walsh, who last spring said voters elected Barack Obama because he was an African-American historic figure and added: "It helped that John McCain was about 142 years old."

http://articles.chicagotribune.com/2012-07-04/news/chi-rep-joe-walsh-appears-to-question-tammy-duckworths-hero-status-20120703_1_federal-veterans-affairs-official-tammy-duckworth-war-hero

CTA ADA Advisory Committee Meeting - July 9, 2012

The Chicago Transit Authority (CTA) will hold the quarterly ADA Advisory Committee Meeting, is open to the public, or if you ever wondered how the process works, please attend when you can.
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CTA personnel will be available from 1:00 to 1:30 PM for any concerns or personnel issues you might have.

CTA ADA Advisory Committee Meeting
July 9, 2012
Committee Meeting: 1:30 p.m.


Agenda
1. Roll Call

2. Approval of Minutes from April 9, 2012 Meeting

3. Public Comments

4. Elevator/Escalator Update

5. Customer Service Report

6. Bus Fleet Update

7. Station Master Plan (Technology) Update

8. Rail Facilities: Maintenance and Power & Way

9. Bombardier 5000-series Car Production and LED Signage Updates

10. Dan Ryan Track Renewal: Bus Shuttles/Reroutes and Station Rehabilitation

11. Bus Rapid Transit Projects

12. Presentation on Control Center Operations

13. Old Business

14. New Business

15. Adjournment


Next ADA Advisory Committee will be held on Tuesday, October 9, 2012

If you need a reasonable accommodation to attend this meeting, please contact ADA Compliance Officer Cara B. Levinson at least two (2) business days in advance: 312-681-2608 or clevinson@transitchicago.com.

AccessChicago 2012 MOPD - Come out on Thursday, July 19th at Navy Pier | Info, resources for People with Disabilities, Families & Friends...

Looking for a fun event that the whole family can enjoy?


Come out to AccessChicago on Thursday, July 19th at Navy Pier - Festival Hall A from 10 a.m. to 5 p.m

Hosted by MOPD the expo promotes the independence and inclusion of people with all types of disabilities by showcasing Chicago’s wide range of accessible venues, products and services.

AccessChicago is the perfect event for people with disabilities of all ages!

# Test products, services and connect with community organizations to learn about available disability-related social services

# Take part in various adaptive sports and recreational opportunities

# For basketball enthusiasts, MOPD and the Chicago Park District are proud to host the Annual 3-on-3 Wheelchair Basketball Tournament

# Learn about legal rights of people with disabilities as a consumer, employee and more

Job Seekers:

# The U.S. Social Security Administration, MOPD, Illinois Department of Rehabilitation Services and the Illinois Department of Mental Health will host two Work Incentives Seminar (WISE) Events for SSI/SSDI beneficiaries

# Take part in employment workshops and individualized services for job seekers with disabilities

# Network with employment-related organizations to learn more about preparing for the job search from resume writing to interviewing skills
Families:

# Play with all kinds of animals at the Scales ‘n Tales Petting Zoo, which provides interactive sensory experiences for children and adults with disabilities

# Get creative at the arts and crafts workshops sponsored by Chicago’s top museums

# Try out fun activities such as adaptive fishing, rowing and climbing walls

# Put your green thumb to work at the enabling gardening workshops

# Take part in a variety of accessible activities for people with disabilities of all ages
Sponsorship opportunities are available for AccessChicago 2012. To learn more, call MOPD at (312) 744-6673 (voice) or (312) 744-7833 (TTY).

Come visit the Health Pavilion at AccessChicago!!
There will be several health services provided by the Chicago Department of Public Health. One of them being FREE childhood immunizations for children from birth through 18 years of age. To assist parents with the new school Tdap* requirements; Tdap and all recommended adolescent vaccines will be available. IMPORTANT: Please bring your child's shot record and a Parent or Guardian must be present. All students entering the sixth and ninth grades will be required to have at least one dose of Tdap vaccination for the 2012-13 school year. **Tdap is a vaccine licensed and recommended to protect pre-teens, adolescents and adults against tetanus, diphtheria and pertussis (whooping cough). This vaccine is routinely recommended for children 11-12 years of age.

Additional health services that will be provided are:
HIV Testing, Lead Screening, Blood Pressure Screening, Body Mass Index (BMI) Testing, Self Breast Exams and Breast Awareness Education Workshops, Nutritional Planning, Climate Change Education Workshops, Emergency Preparedness and Glucose Screening. For more information regarding these health services, please visit: Chicago Department of Public Health or call 311.

#http://www.cityofchicago.org/content/city/en/depts/mopd/provdrs/accesschicago.html

Thursday, July 5, 2012

Illinois mental health facilities closings; legislature hopes to set up safeguards | July 5, 2012

As mental health facilities close, bill awaiting Quinn's signature to add safeguards to protect patients

On June 30th, the Tinley Park Mental Health Center shut its doors for good. The facility, which provided inpatient care to the mentally ill, closed down as part of a series of state budget cuts that are hitting services for the mentally ill.

What about the users of its services? News reports say they will be sent to other local area facilities, most likely community-care based ones, or private hospitals.

The cuts are just the tip of the iceberg. But a bill passed through the Illinois legislature hopes to set up safeguards for the mentally ill displaced by budget cuts from state-run facilities.

HB 5586 aims to ensure that whenever the state enters into a contract with another facility to provide mental health services, all rights, procedures and requirements under the Mental Health and Developmental Disabilities Code are met.

This includes the right to challenge denied admission, the right to challenge a discharge and the right to writing materials, among others. The legislation is awaiting a signature from Gov. Quinn.

His office did not respond to requests for comment on the legislation.

Making sure that budget cuts don't keep mentally ill individuals from having adequate care is a "huge concern," said Sen. Kimberly Lightford, a co-sponsor of the bill in the Senate. "I wanted to ensure that individuals who need mental health care have the ability to know they can go to those alternate facilities and still get the proper care."

The Tinley Park closing is just the start of two-and-a-half years of planned cuts that will hit mental health services.

Gov. Quinn's planned move towards community-based care, from institutionalization, is expected to save $19.8 million a year. According to the Chicago Tribune, there could be three more facilities closed, displacing about 600 people.

Illinois' mental health cuts have been the third toughest in the country. Between 2009 and 2011, the state sliced $113.7 million from mental health services for children and adults, according to the National Alliance on Mental Illness (NAMI) 2011 report "State Mental Health Cuts: A National Crisis."

By the end of the year, NAMI had upgraded Illinois to number one in mental health cuts, given the closing of six city of Chicago clinics.

Suzanne M. Andriukaitis, executive director of NAMI of Chicago, said that it was especially difficult finding inpatient beds outside of state facilities on the South and West sides.

"Not that many private hospitals in that neck of the woods have inpatient psychiatry beds to start with," said Andriukaitis.

She said tracking suicides and the number of mentally ill arrests would give an indication of what happened to individuals without ready access to psychiatric services.

Money for services will now "follow the person"--costing an average of $45,000-$84,000 a year instead of the $150,000-$210,000 under state-run institutionalization.

But Andriukaitis notes that the state's funding for contracting with outside mental health facilities is also shrinking as state-run centers close. "They are shrinking the dollars that the state is paying to the outside agencies," she said.

Illinois was one of eleven states that reduced the number of individuals they served between 2007 and 2009, both in community service and inpatient settings, according to the NAMI report.

78th District state Rep. Camille Lilly, a cosponsor of the legislation in the House, said she recognizes this larger obstacle to quality care.

"Unfortunately these cuts are devastating," said Lilly. "We want to make sure that we are not balancing the budget on the backs of our seniors and our poor. It's important people are able to find access to services."

She hopes the creation of an ambassador service--an individual in each state agency tasked with helping users access contracted services--in the next couple of months will help minimize individuals going without care.

Lilly expects the program to be piloted in the Department of Human Services, and rolled out at the end of the veto session in November.

Article By Yana Kunichoff | The Chicago Reporter
Photo credit: redalbano

http://www.chicagonow.com/chicago-muckrakers/2012/07/as-mental-health-facilities-close-bill-awaiting-quinns-signature-to-add-safeguards-to-protect-patients/