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ActionAlert/News
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NOTICE OF STATEWIDE INDEPENDENT
LIVING COUNCIL
PUBLIC COMMENT PROCESS
Your input is requested by the Statewide
Independent Living Council (SILC) on the proposed State Plan for
Independent Living (SPIL). The public comments received from
Virginians with disabilities, their families and other interested
parties will assist the SILC in the development of the 2011 – 2013
State Plan. The basic themes/issues addressed in the goals,
objectives and activities of this draft document were identified
during an on-line survey conducted by the SILC from August 10, 2009
through September 7, 2009.
By a federal mandate, the purpose of the
Statewide Independent Living Council is to perform the duties of a
planning council to identify the independent living needs of
Virginians with disabilities. Every three years, the SILC,
partnering with the Department of Rehabilitative Services and the
Department for the Blind and Vision Impaired, develops a plan that
addresses those needs. Because the SILC is a planning body and does
not deliver direct services, it has the responsibility of monitoring
the achievements of the goals and activities within the Plan and to
distribute Rehabilitation Act Title VII, Part B funds allocated by
Congress.
You may review the proposed State Plan and
submit comments by visiting the SILC website at
www.vasilc.org or by
visiting your local Center for Independent Living (CIL) to review
and complete a public input/comment form. A directory of the CIL’s
in Virginia can be found at
www.vadrs.org/cbs/cils.htm.
If you do not have computer access, you may
send your written comments to:
Rhonda Jeter
SILC Administrator
8004 Franklin Farms
Drive
Richmond, Virginia
23229
FAX (804) 662-7663
For comments to be considered for the 2011 –
2013 State Plan development, they must be received by March 31,
2010. However, public input to the SILC’s planning efforts is
welcomed at any time.
If you require an alternate format of the
proposed State Plan and/or the public input/comment form, please
contact Rhonda Jeter at (804) 325-1360 or (866) 460-9306, or by
email at Rhonda.Jeter@drs.virginia.gov.
WHO WE ARE:
The Statewide Independent Living Council (SILC)
is an independent planning body working with the Department of
Rehabilitative Services and the Department for the Blind and Vision
Impaired to increase the positive impact of independent living (IL)
services in Virginia. The SILC is comprised of gubernatorial
appointees who represent people with significant disabilities
throughout the State, the interest of Centers for Independent Living
(CIL’s) and other independent living programs and services.
WHAT WE DO:
We are responsible for the development and
implementation of the State Plan for Independent Living (SPIL). The
SPIL, which is required by Section 704 of the federal Rehabilitation
Act, is updated every three years and identifies specific objectives
and timelines for ensuring that the Commonwealth is providing the
appropriate planning, financial support, coordination, and other
assistance to address the needs of citizens with disabilities for
independent living services.
OUR MISSION STATEMENT:
The Virginia
Statewide Independent Living Council's mission is to promote
effective policies, programs, and activities that maximize
independence for Virginian's with disabilities by:
·
developing, monitoring, reviewing and evaluating the
State Plan for Independent Living,
·
supporting and expanding the state network of Centers
for Independent Living,
·
creating a culture for full integration and
independence,
·
advocating systems change for full access and equality
in community life,
·
educating policy makers and stakeholders about the
importance of independent living,
·
developing a strategy for collaboration among
stakeholders in the disability community,
·
leading to full inclusion and independence in the
Commonwealth.
2011-2013
SPIL GOALS
GOAL
I
To support efforts to obtain state and federal funding to sustain
and expand the existing network of Centers for Independent Living (CILs),
and to continue to nurture the consumer groups in areas that are
unserved and underserved in Virginia.
The Council has identified objectives to accomplish Goal I.
Objective 1.1 - Identify needed state and federal funds to
support the network of Centers for Independent Living in Virginia
and advocate with appropriate policymakers to provide those
resources.
·
Year 1, 2 and 3 – the Statewide Independent Living
Council (SILC) will consult annually with Virginia’s Centers for
Independent Living concerning the budgetary needs of the state’s
network of Centers for Independent Living and pursue strategies to
promote support for that network.
·
Year 2, 3 – Assist the CILs in promoting the financial
benefits of independent living (IL) services to appropriate
policymakers.
·
Through collaboration with The Virginia Association of
Centers for Independent Living (VACIL) assist in disseminating their
annual report.
Objective 1.2
Educate constituency groups about the state IL system and the SILC.
-
Year 1, 2, 3 - the SILC will work
with the network of Centers of Independent Living to encourage
discussions between the SILC and constituency groups, and inform
them about the availability of all IL services in Virginia and
determine how the IL system can better serve their members.
-
In collaboration with the
Designated State Unit (DSU), maintain and utilize the SILC
website to promote and inform constituency groups
-
Consult with other constituency
groups to help identify individuals in the unserved/underserved
(e.g. minorities, all disability groups, geographic) areas who
are leaders in their community
Objective 1.3 Identify prospective candidates for
appointment to the SILC and work with the Secretary of the
Commonwealth to obtain their appointment
-
Year 1, 2, 3 - Identify
individuals from disability leadership programs as potential
SILC members
-
The SILC will use the discussions
arising from 1.2 to identify individuals from unserved/underserved
populations as potential SILC members
-
Continue to support the CILs in
their efforts to share information about the IL philosophy with
individuals in the unserved/underserved areas of the state.
GOAL ll
To increase and to continue to support the efforts of the CILs in
their partnership with the Virginia Olmstead Plan specifically in
the areas of housing, transportation, and personal assistance
services (PAS) support, as well as, other options that increase
community living.
The Council has identified objectives to accomplish Goal II.
Objective 2.1 Enhance policy communication between state
agencies that promote individual transition from qualified
institutions.
·
Year 1, 2, and 3 – Support dissemination of
recommendations arising from Virginia’s Housing Expansion Task
Force for People With Disabilities, and to educate people with
disabilities, Disability Services Boards, Area Agencies on Aging and
other stakeholders about effective participation in community
housing planning processes. This will include the Consolidated
Plan, Public Housing Agency Plan, Continuum of Care Plan and
Qualified Allocation Plan. Virginia's CILs will also encourage
localities, planning entities and advocates to use the
Transportation and Housing Alliance Toolkit as a resource for
gathering information and data.
Objective 2.2 Support the Money Follows the
Person (MFP) Operational Protocol to identify means of informing
residents of institutional settings of community living options and
assist them in becoming better self-advocates when they make the
transition into the community.
-
Year 1, 2, and 3 – If alternative
funding is not available, provide funding opportunities to the
Virginia CILs to develop and implement: [1] a standard training
presentation and [2] MFP grant marketing materials to be used to
inform people with disabilities in institutional settings about
community living options.
Objective 2.3 Support the Money Follows the
Person Operational Protocol to train social work, counseling and
other relevant staff in institutions who work with residents with
disabilities about community living options and resources available
to those individuals.
-
Year 1, 2, and 3 - If alternative
funding is not available, provide funding opportunities to
Virginia CILS to develop and implement: [1] a standard training
module and [2] MFP grant, marketing materials – to inform social
workers, counselors and other appropriate staff in institutional
settings about resources, programs and services available to
people with disabilities in the community.
GOAL lll
To support and track the Americans with Disabilities Act
(ADA) and the Rehabilitation Act of 1973 as amended for compliance
in state and local government in an effort to increase the inclusion
of Virginians with disabilities and to impact the public response to
the needs of the disability community.
The Council has identified objectives to accomplish Goal III.
Objective 3.1 Bring knowledgeable significant parties
together to develop strategies that enable localities to come into
and to be in compliance with building codes related to
accessibility. The strategies will focus on local building code
compliance, implementation, education of local officials and
Department of Justice (DOJ) certification.
-
Year 1, 2, and 3 - Continue to
collaborate with The Department of Housing and Community
Development (DHCD) and other agencies to monitor the progress
and ensure DOJ certification of the building code of Virginia.
Objective 3.2 Increase awareness and understanding of
disability issues among all state government agencies.
-
Year 1, 2, and 3 - Collaborate
with The Department of General Services (DGS) to ensure that
policies and procedures are in compliance with ADA and the
Rehabilitation Act of 1973.
-
Year 1, 2, and 3 - Identify
liaisons to the SILC from appropriate state agencies and extend
invitations to participate in quarterly SILC meetings.
Objective 3.3 Continue to support youth advocacy
throughout the Commonwealth as they learn and promote disability
rights.
-
Year 1, 2, and 3 – Monitor youth
advocacy efforts through the committee and support and promote
new youth leaders.
-
Year 1, 2, and 3 – Collaborate
with other independent living organizations to promote youth
activities for people with disabilities to ensure an
understanding of the ADA and the Rehabilitation Act of 1973.
GOAL lV
To collaborate with and to impact other state agencies and
systems which directly or indirectly affect the lives of Virginians
with disabilities.
The Council has identified objectives to accomplish Goal IV.
Objective 4.1- Review the state and /or federal mandates
of state agencies as they pertain to identified disability services
and independent living issues.
·
Year 1, 2, and 3- Request participation of identified
agencies to report their IL practices to the SILC committee(s) at
the scheduled SILC quarterly meetings in preparation to incorporate
the independent living philosophy into their annual state plan
development.
Objective 4.2 – Enhance the collaboration between Vocational
Rehabilitation (VR) and Independent Living (IL).
·
Year 1 - Work with the State Rehabilitation Council (SRC),
The Department for the Blind and Vision Impaired (DBVI) Board, the
VR Advisory Council to develop a joint meeting to address issues of
commonalities and collaboration.
·
Year, 1, 2, and 3 - Approach the Commissioner of The
Department of Rehabilitative Services (DRS) and Commissioner of DBVI
to enhance the collaboration of VR and IL based on the
Rehabilitation Services Administration’s recommendations from the
December 2009 monitoring visit.
Virginia’s Proposed 2011-2013
State Plan for Independent Living
Completion deadline on or
before March 31, 2010
Public Input/Comment Form
Goal I
To support efforts to obtain state
and federal funding to sustain and expand the existing network of
CILs, and to continue to nurture the consumer groups in areas that
are unserved and underserved in Virginia.
____
Very
Important _________Less
Important
Goal II
To increase and to continue to
support the efforts of the CIL’s in their partnership with the
Virginia Olmstead Plan specifically in the areas of housing,
transportation, and personal assistance services (PAS) support, as
well as, other options that increase community living.
____
Very
Important _________Less
Important
Goal III To
support and track Americans with Disabilities Act (ADA) and the
Rehabilitation Act of 1973 as amended for compliance in state and
local government in an effort to increase the inclusion of
Virginians with disabilities and to impact the public response to
the needs of the disability community.
____
Very Important _________Less
Important
Goal IV
To collaborate with and to impact
other state agencies and systems which directly or indirectly affect
the lives of Virginians with disabilities.
____
Very
Important _________Less
Important
Please
rank Goals I through IV in order of their impact on the independence
of Virginians with disabilities, number 1 creating the most impact:
1.
Goal I _______
2.
Goal II _______
3.
Goal III _______
4.
Goal IV _______
Please tell
us the City or County in which you reside:
_____________________________
In the space
below, please tell us what else you want us to know about Virginia’s
proposed State Plan for Independent Living for 2011 through 2013:
Date of
Completion: __________________________________
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Virginia
Delegate Bob Marshall of Manassas Degraded People with Disabilities
People with
disabilities throughout Virginia have been angered by the remarks of
Delegate Bob Marshall of Manassas. Delegate Marshall stated that
"the number of children who are born subsequent to a first abortion
with handicaps has increased dramatically" implying that disability
is a "special punishment."
The Virginia
Association of Centers for Independent Living does not believe that
disability is a punishment. VACIL is proud of the thousands of
people who were born with disabilities and their accomplishments.
Virginians with disabilities continue to be discriminated against
and denied services needed to live in the community.
Most Virginians
respect the lives of people with disabilities and support efforts
needed to improve community integration. These biased and hurtful
remarks have no place in contemporary dialogue.
"The Virginia
Association of Centers for Independent Living is extremely
disappointed by Delegate Marshall’s remarks. These comments are a
poignant reminder that Virginians with disabilities have a long way
to go in fighting for their civil rights,” said Karen
Michalski-Karney, President of VACIL.
Lisbet Dula from
Virginia Beach said, "I have a full and rewarding life and my
disability is part of what makes me who I am and has been part of
the path to what I have achieved. To say that my disability is a
punishment or that my life and personhood are less than someone
else’s takes away my social equality as a Virginian.”
“To discount people with disabilities and to call them a
"punishment" is wrong. I may be a person with a disability but
that's the point...first and foremost I am a PERSON. I am not my
disability and my disability does not define me,” said Jason Neal
from Abingdon who was born with spina bifida.
Stephanie George who lives in Manassas independently and who has
cerebral palsy said, “The moral dilemma is that people with
disabilities must beg and fight for services. Apparently for some
legislators, life is valuable before birth, and then some sort of
transformation occurs to lessen the value of that life after birth.”
April 24, 2010
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NOTICE OF VOCATIONAL REHABILITATION PUBLIC COMMENT FORUM
Monday, March 15, 2010
4:30 p.m. – 5:30 p.m. |
|
|
Hotel Roanoke and Conference Center – Roanoke, Va.
Buck Mountain Rooms A and B |
|
The Virginia Department of Rehabilitative
Services (DRS), the Department for the Blind and Vision
Impaired (DBVI), and the Virginia State Rehabilitation
Council invite your attendance at a Public Forum to receive
comment on the DRS and DBVI Vocational Rehabilitation and
Supported Employment Programs. Each year, DRS & DBVI (and
all other states) prepare a State Plan that describes how
Virginia provides rehabilitation services. The comments
received during the public forum will be utilized in the
development of the 2011 State Plans. This Public Forum is
being held in conjunction with the 2010 Transition
Forum. |
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The State Plan is updated annually and must be submitted to the
federal government by July 1 of each year. You may review
the current State Plan by visiting the DRS website at
www.vadrs.org or the
State Rehabilitation Council website at
www.va-src.org.
If you cannot attend the forum in person, you may send your
written comments to:
Elizabeth E. Smith, Director of Policy and
Planning
Department of Rehabilitative Services
8004 Franklin Farms Drive, Richmond,
Virginia 23229
FAX (804) 662-7696
Or the below email address or phone number
For comments to be considered for 2010 State Plan
development, they must be received by April 1, 2010.
However, public input to the Department’s planning efforts
is welcome at any time.
Sign language interpreter services will be provided. If you
require any other accommodation please contact Elizabeth
Smith at (804) 662-7071, toll free at (800)
552-5019, TTY at (804) 662-9040 or (800) 464-9950 or by
email to
Elizabeth.Smith@drs.virginia.gov
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2010 THROUGH
THE LOOKING GLASS SCHOLARSHIP ANNOUNCEMENT
Through the Looking
Glass and its National Center for Parents with Disabilities and
their Families are pleased to announce new scholarships specifically
for high school seniors and college students who have parents with
disabilities. A total of ten $1000 scholarships will be given out
Fall 2010. These scholarships are part of Through the Looking
Glass’
National Center for Parents with Disabilities
and their Families. Please note that the 2010 awards
have different application procedures than previous years.
There are separate scholarship awards for high school seniors and
for college students, and each has separate eligibility
requirements:
1. High School Seniors. To be eligible, a student
must be a high school graduate (or graduating senior) by Summer
2010, planning to attend a two-year or four-year college in Fall
2010 in pursuit of an AA, BA or BS degree, and have at least one
parent with a disability.
2. College Students. To be eligible, a student must be
currently enrolled in a two-year or four-year college in Fall 2010
in pursuit of an AA, BA or BS degree, be 21 years of age or younger
as of March 1, 2010, and have at least one parent with a
disability.
All application materials must be postmarked by March 1, 2010.
Individuals may submit only one application per award period.
Selection criteria for all scholarships include academic
performance, community activities and service, letter of
recommendation and an essay describing the experience of growing up
with a parent with a disability.
Please go to our website:
http://www.lookingglass.org for
more information, including the application form, complete
application directions and an FAQ page that answers many common
questions as well as offers helpful suggestions.
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Social Security Administration
Celebrates the 10th Anniversary of the Ticket to Work Program
with the Launch of “Choose Work” Web Site
The Social Security Administration (SSA)
and CESSI, the Program Manager for Recruitment and Outreach for
the Ticket to Work (Ticket) program, are pleased to announce the
launch of the new Choose Work web site (www.choosework.net)
for people with disabilities receiving Social Security
disability benefits in celebration of the 10th Anniversary of
the enactment of the Ticket to Work and Work Incentives
Improvement Act (Ticket Act).
In 1999, Congress passed the landmark
Ticket Act to expand choice and provide improved services and
supports to beneficiaries with disabilities who decided to
Choose Work. SSA has worked continuously to improve the Ticket
program over the past decade and the program has come a long way
since the first Ticket was issued in 2002.
Based on input SSA received from
beneficiaries, Employment Networks and the disability
community, regulatory improvements were made to the Ticket
program in July 2008 and those changes have resulted in
significant program growth and the emergence of some very
encouraging trends:
o
Increased Ticket Assignments:
Over 270,000 beneficiaries are using their Ticket to get help
finding a job. That is up 72% from the beginning of 2007.
o
More Beneficiaries Are Working:
In 2008, 96,993 beneficiaries had their Ticket in use
and were working. That is up from 59,443 in 2007, a 63%
increase. Many of these beneficiaries are achieving significant
levels of self sufficiency and some have successfully
transitioned off SSA benefits.
And these are just a few of the positive
trends that have emerged since the new regulations were
implemented. Stay tuned in the new year for a full report on the
impact of the regulatory changes.
SSA is launching this web site to renew
Congress’ challenge to willing SSI and SSDI beneficiaries to
“Choose Work” by participating in the Ticket to Work program and
using the other SSA Work Incentives. For the first time, those
unfamiliar with the program can view short, informative videos;
hear powerful stories told by people just like themselves whose
circumstances have led them to explore the Ticket and other Work
Incentives; experience a Work Incentive Seminar Event; find
local resources and other helpful information in one interactive
location online.
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Did
Social Security Stop Your Benefits
Because You Had an Arrest Warrant?
You may be able to
start your benefits again. You may also be able to get thousands
of dollars in back benefits. A class action lawsuit settlement
says:
?
Social Security cannot deny or stop benefits because of most
outstanding arrest warrants.
?
Social Security must stop collecting overpayments based on
most outstanding warrants.
?
For 80,000 people, Social Security must pay back all benefits
that it didn’t pay or that it collected as overpayments. These
benefits may total over $500 million dollars.
Many people can
get their benefits back.
Over 200,000 people
could be helped by this lawsuit, which is called Martinez v.
Astrue.
These are the
benefits you can get back:
?
Social Security
?
Supplemental Security Income (SSI)
?
Special Veterans Benefits (SVB)
IMPORTANT: This
case will not help you if:
?
You were convicted and sentenced for a crime and violated
your probation or parole.
?
You have an outstanding warrant for flight and/or escape
(very rare).
Make sure Social
Security pays you the back benefits it owes you.
?
Social Security will send notices to class members. Make
sure Social Security has your current address. People who received
Social Security (not SSI or SVB) can update their address online at
www.socialsecurity.gov/changeofaddress.
?
If you received SSI benefits, you should visit your local
Social Security office and ask them to put your name, address,
Social Security number and phone number on the “Martinez list.”
To learn more visit
www.nsclc.org/areas/social-security-ssi/Martinez-Settlement.
Or visit the Social Security website at
www.ssa.gov/martinezsettlement.
************************************************** Social
Security Sending Corrected Benefit Notices
The Social Security Administration earlier
this month mailed notices that contained incorrect January 2010
payment dates. These erroneous notices went to about 6 million
beneficiaries who receive their payments on either the second,
third, or fourth Wednesday of each month, and are part of the annual
benefit notices that go to 52 million Social Security
beneficiaries. In the notice the payment date is incorrectly shown
as one week before what the actual date of payment will be. The
other information in the notice, including the payment amount, is
correct. Social Security is sending a letter explaining the error
to beneficiaries who received the incorrect one as soon as possible.
“We apologize for the
inconvenience and confusion these incorrect notices will cause,”
said Michael J. Astrue, Commissioner of Social Security. “The
problem was caused by an unfortunate human error. We are correcting
the misinformation as quickly as possible, and we are reviewing our
processes closely to prevent this type of mistake from happening in
the future. People receiving Social Security benefits in January
2010 should know that their payment will arrive on the same payment
day that it has arrived in the past.”
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Virginia
Youth Leadership Forum Planning Year
Catching Up & Moving
Forward
The
Virginia Board for People with Disabilities and its
YLF staff are proud of the many accomplishments and successes
achieved during the first ten years of the Virginia Youth
Leadership Forum. They are also keenly aware that times are
changing and changing rapidly. Advancements in technology and
media, social networking, and leadership curricula have
exploded. The Board recognizes the importance of keeping YLF
current with all these changes to ensure that past and future
student Delegates have access to the latest and greatest
information and networking strategies.
In order to evaluate, update, modernize,
and improve all YLF activities (while needing to stay within the
limits of its state and federal resources) the Board has
approved a planning year for the Forum. There will be no YLF in
Summer 2010; however, the Board looks forward to a new and
greatly improved Youth Leadership Forum in 2011. In the
interim, a committee of YLF alumni, staff, past speakers,
presenters, and supporters will convene to look at what has been
accomplished to-date and what can be done to ensure that future
Forums incorporate new and innovative opportunities and
resources.
Along the way, the Board will use its
Voices & Visions
newsletter, YLF webpage at
www.VABoard.org/YLF.htm, and other communications to
keep YLF alumni and other constituents informed. The Board also
extends its thanks to everyone who has supported and promoted
the program, recruited student Delegates, and helped to educate
and mentored them over the past ten years.
Watch
for updates and look forward to the Youth Leadership Forum of
tomorrow!
==================================================
State
Vocational Rehabilitation Program Now Able to Serve All Eligible
Clients
“Stimulus” Funds Enable
Opening of All “Order of Selection” Categories
The
Virginia Department of Rehabilitative Services (DRS)
has announced that, effective December 15, 2009, it will open
the final two categories under its Order of Selection policy.
This means that all of the Order of Selection categories will be
open, and DRS can now serve all new eligible clients and all
clients on its waiting list. DRS is able to take this step due
to funds from the Federal American Recovery and Reinvestment Act
(Recovery Funds) and successful stewardship of its other
vocational rehabilitation (VR) appropriations.
Individuals with disabilities still on the
VR waiting list will be notified that they may be served and
asked to schedule an appointment with their VR counselor if they
still need VR services to become or stay employed. In addition,
all new applicants who meet our VR eligibility criteria will be
served, regardless of the severity of their disability.
Currently, DRS has over 18,000 open cases,
and it will be necessary to continue closely monitoring its
fiscal situation. How long DRS can keep all Order of Selection
categories open is very dependent on the number of clients
served and their service costs. When Recovery Funds are
exhausted within this fiscal year, DRS will revert to its
regular VR funds. Its ability, however, to now serve all
eligible individuals needing its assistance to become employed
and live more independently is an exciting development.
For
more information, contact your local DRS Community
Office, http://www.drs.virginia.gov/officelist.asp,
or the Central Office at:
Department of Rehabilitative
Services
Street Location: 8004 Franklin Farms Drive
Richmond, VA 23229
Voice: 804-662-7000
Fax: 804-662-9532
Toll Free Voice/TTY: 800-552-5019
E-mail: drs@drs.virginia.gov
=================================================
Thanks
to PEATC, www.peatc.org, for sharing the following resources.
Questions and Answers on Serving Children with Disabilities
Eligible for Transportation
New U.S. Department of
Education Resource
Part of navigating the special education
maze involves knowing what options you have for your child's
transportation. Since publication of the Regulations for Part B
of the Individuals with Disabilities Education Act (IDEA),
enacted in 2004, the Office of Special Education and
Rehabilitative Services (OSERS) in the U.S. Department of
Education has received requests for clarification of some of
these regulations. This is one of a series of question and
answer documents prepared by OSERS to address some of the most
important issues raised by requests for clarification on a
variety of high-interest topics.
Updated regularly, the
Transportation Q&A,
along with links to a variety of other topics, can be found at
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C12%2C.
********************************************************
NCIL Analysis: Senate Bill HR 3590, the Patient Protection and
Affordable Care Act
The
healthcare bill introduced by Senate Majority Leader Harry Reid
in November contains numerous provisions that affect people with
disabilities. Please note that this bill will be debated over
the next few weeks and some of these provisions could be
modified and even removed. This is an analysis of the bill as it
stands December 1, 2009 and not a final bill.
If you have
questions about the Patient Protection and Affordable Care Act
or about the legislative process, contact NCIL Policy Analyst
Jason Beloungy at 202-207-0334 (toll-free: 1-877-525-3400), ext.
1008 or at
jason@ncil.org.
Market
Reforms and Benefits
·
Reforms in the Individual and
Small Group Insurance Market:
a.
No lifetime limits of benefits
b.
Prohibition on rescission of
plans
c.
Coverage of preventive health
services
Immediate Access to Health
Insurance for people with pre-existing conditions:
a.
The Secretary of Health and
Human Services will enact a temporary high-risk insurance pool
for such individuals until 2014, when new market rules would
take effect.
·
Additional Health Insurance
Market Reforms:
a.
Prohibition of pre-existing
condition exclusions from coverage
b.
Prohibition of discriminatory
premium rates in coverage: only tied to family size, age,
tobacco use and geography – not health status
c.
Guaranteed issuance of
coverage, all who apply must be accepted
d.
Guaranteed renewability of
coverage
e.
Prohibiting discrimination of
coverage – no eligibility requirements can be made by health
insurers based on disability, health history or status, genetic
information or claims experience
·
Qualified Health Plans that
will be offered through each state’s health insurance exchange
must include at least the following benefits:
a.
Ambulatory Patient Services
b.
Emergency Services
c.
Hospitalization
d.
Maternity and Newborn Care
e.
Mental Health and Substance
Abuse Disorder Services
f.
Prescription Drugs
g.
Rehabilitative and Habilitative
Services
h.
Preventive and Wellness
Services
i.
Pediatric Services
·
There is also the establishment
of plan levels (gold, silver, etc…) and limits on cost sharing
for plans in health insurance exchanges
Health Insurance Exchanges and Public Option
·
Federal funds to assist states
in creating state-based health insurance exchanges for people in
the individual health insurance market, as well as for
employers. These exchanges will be called American Health
Benefit Exchanges
This bill provides for the
creation of a Community Health Insurance Option (most commonly
known as the “Public Option”, which has no mandates for
providers to join, no mandates for individuals to join, and an
“opt-out” provision for states who wish to not offer the option.
·
This bill provides the states
flexibility to create health insurance programs for low-income
individuals not eligible for Medicaid, in lieu of offering such
individuals coverage in a state exchange. This would allow a
state to create a program where individuals would have a choice
among various health insurance plans. Eligibility would be for
individuals and families whose incomes fall between 133% and
200% of the Federal Poverty Level, and cannot access affordable
insurance from their employer.
·
The bill allows states to
collect fees from health insurers to create a reinsurance entity
that will make payments to health insurers who cover high-risk
individuals.
Premium
Tax Credits and Cost Sharing Reductions
·
This bill provides for a health
insurance premium tax credit for individuals who meet the
following eligibility requirements:
a.
Individuals (and their
families) who get their health insurance from the health
insurance exchange in their state
b.
Individuals and families whose
income falls in the range of 100% and 400% of the Federal
Poverty Level
·
The bill provides for
cost-sharing reductions by making payments to insurance
providers who will in turn reduce the out-of-pocket costs for
the individuals who meet the following eligibility requirements:
a.
Individuals enrolled in an
individual health plan offered through their state’s health
insurance exchange
b.
Individuals whose household
income falls in the range of 100% and 400% of the Federal
Poverty Level
Public Health Insurance Programs
·
This bill expands eligibility
for the Medicaid programs to non-pregnant, non-elderly,
childless adults whose incomes do not exceed 133% of the Federal
Poverty Level
·
The federal government will
increase the federal matching rate for newly eligible
individuals to 100% from 2014 until the end of 2016. In the
following two years, the federal match will based on whether the
state is considered an expansion state for expanding the roles
of their Medicaid-eligible population upon the date of the bill
being enacted. After that two year period, and from that point
forward, the federal match will be increased by 32.5 percent.
·
The states will also have the
option to begin enrolling newly eligible individuals, as
described above, before 2014, when the provision would begin.
·
The legislation requires states
to maintain the current eligibility requirements for the
Medicaid programs in their states until their state health
insurance exchanges are fully operational.
·
In regard to income
eligibility, states may not use methods, standards or procedures
that are more restrictive than at the time of enactment of the
legislation
·
While the bill makes changes to
income eligibility determination for public programs, as well as
premium and cost-sharing assistance, by utilizing the
methodology of Modified Gross Income, the bill makes exceptions
to individuals who qualify for Medicaid because they are
eligible for other aid, are elderly, are medically needy, or
eligible for Medicare cost-sharing. This was a concern for
people who wanted to protect eligibility for such programs as
the Medicaid Buy-In. The bill specifically mentions people who
qualify for Medicaid because of disability.
·
The bill allows qualified
hospitals to make “presumptive eligibility” determinations to
provide individuals with Medicaid during a presumptive
eligibility period.
New Options for Long-Term Supports and Services
·
The first and most significant
provision is the inclusion of the Community First Choice Option
for states to have the opportunity to include home and community
based attendant services and supports as a part of their state
Medicaid plan.
a.
In addition, the federal
government will increase the federal match by 6 percent for
those served in states that choose this option.
b.
This option would be available
to states beginning on October 1st, 2010.
c.
Individuals are eligible if
eligible for the Medicaid program, whose income does not exceed
150% of the Federal Poverty Level, and have been determined to
require an institutional level of care to be eligible for
nursing facility services and would only be able to get those
services in an institution or nursing home if home and community
based services were not available.
d.
States that choose this option
are required to provide such services to eligible individuals.
e.
Room and board, technology,
special education and vocational rehabilitation services,
medical supplies and equipment and home modifications are not
allowable services and supports.
f.
States would be required to
monitor compliance and satisfaction of individuals receiving
services, as well as collecting data on the provision of home
and community based attendant services and supports.
·
The second significant
provision to be included in the bill was the Community Living
Assistance Services and Supports (CLASS) Act. This legislation
creates a voluntary national long-term care insurance program
for purchasing community living services and supports, known as
the CLASS program. Here are some of the aspects of the CLASS
program:
a.
Individuals with functional
limitations, as determined by a licensed health practitioner,
and who cannot perform a minimum number of activities of daily
living, will be able to receive a cash benefit to maintain
personal and financial independence. This cash benefit can be
paid out on a daily or weekly basis.
b.
CLASS will be available for
eligible individuals who are actively working and have paid
premiums through payroll deductions for a minimum of 3 calendar
years in a 60 month period
c.
CLASS will have 3 different
benefit plans
d.
CLASS will have a nominal
premium fee of $5 per month for low-income individuals whose
income does not exceed the Federal Poverty Line and full-time
students
e.
CLASS does not have a lifetime
limit, and the benefit will increase over time
f.
CLASS will allow employers and
individuals to opt out of the program. Individuals who are
self-employed, or whose employer has opted not to provide the
option, will have the opportunity to enroll individually
g.
CLASS will provide that if a
beneficiary is receiving long-term care services in an
institution, or home and community based services, the
beneficiary will be allowed to maintain a percentage of the
benefit for themselves if the remainder is applied to the costs
of care
h.
The Secretary of Health and
Human Services will be required to establish a Personal Care
Attendants Workforce Advisory panel
·
This legislation requires the
Secretary of Health and Human Services to create regulations
that ensure
a.
That states are developing
long-term care systems that utilize resources in a manner more
consistent with the needs of individuals who wish to and receive
their services in the community
b.
That states provide support and
coordination for self direction of services, improve
coordination and regulation of providers, and ensure
coordination and effectiveness of eligibility determinations,
services monitoring and a sufficient number of direct care
workers.
·
Money Follows the Person
Grants: This legislation extends the grants through 2016, as
well as reducing the time that an individual must reside in an
institutional setting, from six months to 90 days. This time
also includes time admitted to an institutional setting for
short-term rehabilitative services. This provision would go into
effect 30 days after enactment of this bill.
·
Spousal Impoverishment
protections extended to recipients of home and community based
services and supports. This provision is for only five years and
begins in 2014.
·
Funding to expand Aging and
Disability Resource Centers (ADRC) was included in this bill. To
be clear, this language is not from the Project 2020 bill that
NCIL has raised some concerns with, but rather, this provision
merely gives the Assistant Secretary on Aging $10,000,000 for
each fiscal year of 2010 through 2014 to carry out the ADRC
program in the Older Americans Act.
·
The bill included a Sense of
the Senate that despite the findings of the “Pepper Commission”
and the Olmstead Decision, long-term care provided in America
has not improved, and for some, has gotten worse. Therefore, it
is the sense of the Senate that in this session of Congress,
long-term services and supports should be addressed in a
comprehensive way that guarantees older adults and people with
disabilities the care they need and that care should be made
available in the community.
Improved
Coordination for Dual-Eligible Beneficiaries
·
This bill provides for federal
coverage and payment coordination, by establishing a federal
Coordinated Health Care Office. The purpose would be to bring
together officers for Medicare and Medicaid at CMS to more
effectively integrate benefits and improve coordination between
states and the federal government. The bill also provides for a
5-year demonstration project
Medicare
Part D Improvements
·
This bill creates a Medicare
Part D “Coverage Gap Discount Program”. For individuals enrolled
in the Medicare Part D program, and who reach the coverage gap,
which is commonly referred to as the doughnut hole, prescription
drug insurance plans will be required to provide eligible
beneficiaries with discounted prices on their prescription drugs
(not counting generic drugs or drugs not in the plan’s
formulary). This change would not affect the ability for the
beneficiary to get out of the coverage gap, as the regular cost
of the drug would be applied to the deductible. This provision
would begin after July 1st, 2010.
·
The bill also eliminates the
cost-sharing for Medicare Part D for Dual Eligible individuals
who are receiving home and community based services, and if not
for those services would be living in an institutional setting.
·
The bill includes language to
decrease the size of the coverage gap, immediately after
enactment, by increasing the coverage limit by $500.
Nursing
Home Transparency Provisions
·
This legislation contains
accountability requirements for nursing facilities, such as:
a.
Effective Compliance and Ethics
programs
b.
Quality Assurance and
Improvement programs
c.
Standardized Complaint Forms
and resolution processes
d.
Improvements for staff
training, including abuse prevention training
e.
Nationwide System for
background checks of long-term care facility providers
Other provisions
·
This bill provides funding for
a pilot program for integrated care surrounding an event that
leads to the hospitalization of an individual, with the hope of
improving the continuity of care and coordination of services
after the acute care episode.
·
Cultural Competency and
reducing health disparities was the goal of a provision in the
bill. In this bill:
a.
The Secretary of Health and
Human Services is required to work with partners to establish
and then implement cultural competency, prevention and public
health, and working with people with disabilities training
curricula in health profession schools and continuing education
programs.
b.
The Bill also includes
“Disability” as a group to be included in data collection of any
federally funded or operated healthcare program. The Secretary
will use the data to detect and monitor trends in health
disparities.
c.
This provision also seeks to
determine the number of medical providers with accessible
facilities and equipment, as well as the number of employees of
a provider who have been trained in disability awareness and
patient care of people with disabilities.
·
The bill contains a provision
to continue and expand the Competitive Bidding Program in
Medicare for Durable Medical Equipment by utilizing the
competitive bidding process or competitive bidding prices in new
markets.
******************************************************
VOPA Needs Your
Input!
Request for
Public Comment on VOPA’s Focus Areas and Objectives
The Virginia Office for Protection
and Advocacy (VOPA) is dedicated to the mission of zealous and
effective advocacy and legal representation for persons with
disabilities. VOPA is developing its FY2010 action plan and we
need your help. VOPA has adopted the broad GOALS listed below.
With your input, we must select specific issues to work on
within these broad Goals. What are the issues that impact the
lives of persons with disabilities in your community? What can
VOPA do to address abuse, neglect or discrimination based upon
disability?
VOPA has adopted the following
GOALS for FY2010 -
2012.
1.
People with Disabilities are Free from Abuse and Neglect
2. Children with
Disabilities Receive an Appropriate Education.
3. People with
Disabilities have equal access to Government Services.
4.
People with Disabilities Live in the Most Appropriate Integrated
Environment.
5.
People with Disabilities Are Employed to their Maximum
Potential.
6. People with
Disabilities Have Equal Access to Appropriate and Necessary
Health Care.
VOPA needs your comments and input
regarding the specific Focus Areas and Objectives to be
developed under these broad Goals. The following questions can
help you decide where VOPA should focus its resources and help
you in suggesting those issues that are the most critical:
·
How severe
is the harm to individuals with disabilities?
·
How immediate
is the risk of harm to persons with disabilities?
·
Does the issue facilitate
systems change or
benefit many individuals?
·
Are there other
advocacy resources or organizations that can address
the problem?
·
Are there other
investigative or regulatory agencies that can solve
the problem?
·
What legal rights and legal remedies are available to
address the issue?
Please
submit your comments regarding VOPA’s Goals, Focus Areas and
Objectives by visiting our website at
www.vopa.virginia.gov,
or you may contact VOPA at 1-800-552-3962.
**************************************************************
President Obama Commemorates
Anniversary of Olmstead and Announces New Initiatives to Assist
Americans with Disabilities
On the 10th anniversary of the landmark
Supreme Court decision in the case of Olmstead v. L.C.,
President Barack Obama today celebrated that anniversary and
launched "The Year of Community Living," a new effort to assist
Americans with disabilities.
Specifically, the President has directed
Health and Human Services Secretary Kathleen Sebelius and
Housing and Urban Development Secretary Shaun Donovan to work
together to identify ways to improve access to housing,
community supports, and independent living arrangements. As part
of this effort, later today, Secretaries Sebelius and Donovan
will announce several new initiatives including details about
increased numbers of Section 8 vouchers and enhanced interagency
coordination to address this critical civil rights issue. The
initiative also will include listening sessions conducted by HHS
across the country to hear the voices and stories of Americans
and to keep the President's pledge to be as open and transparent
as possible.
“The Olmstead ruling was a critical step
forward for our nation, articulating one of the most fundamental
rights of Americans with disabilities: Having the choice to live
independently,” said President Obama. “I am proud to launch
this initiative to reaffirm my Administration's commitment to
vigorous enforcement of civil rights for Americans with
disabilities and to ensuring the fullest inclusion of all people
in the life of our nation.”
In the Olmstead case, the Court held
that the unjustified institutional isolation of people with
disabilities is a form of unlawful discrimination under the
Americans with Disabilities Act. Since that time, progress has
been made. Many individuals have successfully transitioned to
community settings, but waiting lists for community services
have grown considerably and many individuals who would like to
receive community services are not able to obtain them.
To help remedy that problem, the Obama
Administration provided over $140 million in the Recovery Act
funding for independent living centers across the country. The
Administration acknowledges that strides have been made, and
knows and accepts that there is much work to do in order to
maximize the choices and opportunities for individuals to
receive long-term services and supports in institutional and
community settings.
The President noted that his
Administration looks forward to continued engagement with the
disability community to achieve these goals.
=================================================
**********************************************************
Participants with low vision
sought for research on assistive technology design
Do you have difficulty in reading
standard newsprint, or expressions on a person's face? Then you
are invited to participate in this study! Let’s talk about the
visual impairments and user needs of assistive technology. An interview
will last approximately 1-1.5 hours.
You
will be compensated at the rate of $10/hour. You do not need to
worry about your transportation. We can come to you at your
convenience.
Knowledge and
experience are not required. Requirements:
1. Low vision:
20/70 or worse (with eye glasses, contact lenses, etc.) If you
are unaware of your visual acuity, it is OK. We will check it
for you.
2. Age: younger
than 30
3. Mobility in the
fingers of your dominant hand.
Here’s what will happen if you
decide to take part in the interview:
- I will interview you for about 1-1.5 hr in person. You will be
asked several questions about your tactile perception, visual
impairments, assistive technology, and everyday life
experiences. Knowledge and experience are not required.
If you’re interested in participating:
- Email or call me, and I will provide you with more
information. Hyung Kim
at
hykim7@vt.edu
or 540-922-3055
- If you decide to participate, I'll work with you to arrange
the interview at a time and place convenient to you.
-
If you have a question or need
further information, feel free to contact the principal
investigator, Hyung Kim at
hykim7@vt.edu
or 540-922-3055 (If no answer, leave your name, phone number,
and the time you would like to be called.)
**********************************************************
New Website for College-bound Students with Disabilities
http://www.going-to-college.org
This new website has been developed to help high school students
learn about living college life with a disability. The site provides
video clips, activities, and resources that can help students get a
head start in planning for college. Video interviews with college
students with disabilities offer a way to hear firsthand from
students with disabilities who have been successful. Modules include
activities that will help students explore more about themselves,
learn what to expect from college, and equip them with important
considerations and tasks to complete when planning for college.
****************************************************************
Please pass the word
via list serves and your organization websites, etc. that I am looking
for any person with a disability who has gone back to work or been
rehired as a result of the economic recovery plan. For example, some
company starts hiring again as a result of money they are going to
receive or something like that. The sooner, the better, if anyone
exists.
I simply don't have good access to all my contact lists so I need you
all to expand my reach into the various communities. For instance, I
need you all to forward along to all the major deaf groups, etc. Andy
[Imparato], perhaps getting something out through Justice For All or
another mechanism. You get the picture.
This is important and time sensitive. Might as well get used to
hearing that over the next 4 years, but the community needs to be
organized and ready to respond to things like this to help me
facilitate full inclusion.
Kareem Dale
kareemdale@sbcglobal.net
****************************************************************
Help with a Research Study on Job Accommodation Requests
Have you ever asked an employer for a listening system, sign language
interpreters, CART, TTY, VP, captioned telephone, amplified telephone,
etc.?
The DBTAC: Mid-Atlantic ADA Center and the University of Maryland
are conducting a research study on the reasonable accommodation
process. The purpose of this study is to compare perceptions of the
significance of factors affecting job accommodation requests and
provision among persons with disabilities, employers who are employing
persons with disabilities, and service providers.
The survey
takes approximately 15 minutes and those who complete the survey will
have a 1 in 10 chance to receive a $20 Amazon gift card. (50 random
winners in total)
If you’d like to know more about the study or
need alternative formats
of the survey (e.g. Braille and large print-outs), contact the
University of Maryland at (301)405-9126 or by email at
dbtac07@umd.edu.
To take the survey:
http://www.adainfo.org/research/#survey
*******************************************************************
1. Tips for Seniors and People with Disabilities
Winter Preparedness (although some information is specific to CA,
the tips are helpful).
http://www.sfcard.org/WinterTipsForSeniors.pdf
2. Ohio Legal Rights Service provides a Readiness Checklist with
Daily Functioning Needs
http://www.weathersafety.ohio.gov/EmergencyPreparednessSpecialNeeds2007.aspx
3. WheelchairJunkie.com offers some great tips and recommendations
about wheelchair perfomance in the winter.
http://www.wheelchairjunkie.com/snowandpowerchairs.html
4. Disability Preparedness offers a list of helpful articles for
several different types of situations, including winter problems.
http://www.disabilitypreparedness.gov/ppp/disaster.htm
******************************************************************
Opportunities for Volunteers with
Disabilities
and Disability-Service Organizations
AmeriCorps/VISTA Orientations
The Virginia
Office on Volunteerism and Community Service and the
Corporation for National and Community
Service Virginia State Office actively seeks individuals
with disabilities and organizations who serve or support individuals
with disabilities to participate in AmeriCorps. VOVCS & CNCS are
sponsoring a series of orientation sessions for organizations
interested in acquiring AmeriCorps members and administering an
AmeriCorps State or VISTA program. In-depth informational sessions
will be held at several locations throughout the Commonwealth of
Virginia.
For additional
information, a complete list orientation sessions, and
registration information,
www.vaservice.org/go/national/americorps_rfp/. For
specific information on opportunities for individuals with
disabilities, go to http://www.vaservice.org/go/national/disability/.
You can also contact:
Susan Patton
Virginia Office on Volunteerism and Community Service
7 North 8th Street, 5th Floor
Richmond, Virginia 23219
e-mail: info@vaservice.org
*********************************************************
Help Spread the Word About Virginia’s
Children’s
Mental Health Program
Virginia needs your help in spreading the word
about an important new Medicaid program to serve children’s mental
health needs in their home communities. In December 2007, the
Department of Medical Assistance Services (DMAS) began providing
reimbursements through the Children’s Mental Health Program for
community-based mental health services to Medicaid eligible
individuals under age 21 who have been residing in a Psychiatric
Residential Treatment Facility for at least ninety days. When the
program began, DMAS estimated that the program would serve 100
children in its first year and 300 each year thereafter; however,
to-date, eight months into the program, only four individuals have
enrolled.
The Children’s Mental Health Program provides an
opportunity to shorten children’s stays in treatment facilities by
offering a community alternative. It provides for an array of
community-based services promoting independence and support for
children with serious emotional disturbances and improves outcomes for
children and their families by enabling the children to reside at home
with their natural support system. New Medicaid services available
through the program include transition coordination, in-home
residential supports, agency and consumer-directed companion and
respite services, family and caregiver training, environmental
modifications, and therapeutic consultation, in addition to existing
Medicaid mental health services.
The federal Centers for Medicare and Medicaid
Services (CMS) five-year demonstration grant supporting the Children’s
Mental Health Program will allow Virginia to demonstrate the important
role that these services play in a family’s ability to bring a child
home once he or she has received psychiatric treatment in a
residential facility. Hopefully, if the program is successful,
Virginia will be able to continue it after the grant period ends and
extend it to children who may be at risk of admission to a Psychiatric
Residential Treatment Facility.
DMAS is already working with Community Services
Boards, Treatment Foster Care and Comprehensive Services Act agencies,
Intensive In-Home Providers, and existing and potential Medicaid
providers to identify and recruit participants for the program.
Outreach presentations have been made to the League of Social
Services, national Alliance on Mental Illness, Psychiatric Residential
Treatment Facilities, and family groups. Despite this effort, there
are many other children and families in Virginia who wish to live
together in the community, could do so with the right supports, and
would benefit from participation in the Children’s Mental Health
Program.
To learn more
about the program, go to http://www.dmas.virginia.gov/ch-home.htm
then scroll down to Children's
Mental Health Fact Sheet (http://www.dmas.virginia.gov/downloads/pdfs/ch-CMH_FactS.pdf).
For a Provider Manual, go to http://websrvr.dmas.virginia.gov/ProviderManuals/Default.aspx,
then select Children’s Mental Health Program in the drop-down menu.
For Forms or Lists of Providers, click on the
appropriate links in the main DMAS menu on the left side of the
webpage, then use the search functions and drop-down menus provided.
Serving children in their homes is an important
goal for the Commonwealth. Any assistance that you can provide in
letting eligible families, advocates, or service providers know about
the Children’s Mental Health Program would be greatly appreciated.
Please share this message and the Fact Sheet with others. DMAS staff
are also available to speak to agencies or organizations.
For more
information, to arrange a speaking engagement, or to obtain
help with provider recruitment or assistance on a specific case,
contact:
Mendy Meeks, Project
Coordinator
Children’s Mental Health Program
Department Of Medical Assistance Services
600 East Broad Street
Richmond, Virginia 23219
Voice: (804) 225-4285
Fax: (804) 225-3961
mendy.meeks@dmas.virginia.gov
*********************************************************************
Speak with Confidence through Virginia Relay
Speech-To-Speech, or STS, was developed
for people with mild to moderate speech disabilities who can hear
clearly. This Virginia Relay calling feature allows people whose
speech may be difficult to understand to communicate with others by
standard telephone. STS users include people with cerebral palsy,
multiple sclerosis, muscular dystrophy and Parkinson’s disease, along
with stroke victims and people who stutter.
To make an STS call, the person with the speech
disability dials 7-1-1 to reach a specially trained Virginia Relay
Communications Assistant (CA). Since the CA is skilled at listening to
a variety of speech disorders, the STS user can choose to communicate
with their own voice, a voice synthesizer or enhancer or another
assistive voice device. The CA then revoices the words, verbatim, to
the other person and takes an active or passive role, based on the
level of participation the STS user requests. STS users listen to the
other side of the conversation for themselves. No special equipment is
needed to make or receive an STS call.
STS users can call anyone who uses a standard
telephone and vice versa. Most importantly, they can contact friends,
family and business associates with confidence, knowing their words
won’t be missed—or misunderstood.
To learn more about STS, visit www.varelay.org
or call 1-800-552-7917 (voice/TTY).
********************************************************************
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