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ActionAlert/News

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Ed Roberts, a Berkeley quadriplegic who began the disability rights movement 40 years ago, now has his own California day.

Gov. Arnold Schwarzenegger signed a bill Monday creating Ed Roberts Day, encouraging schools and other institutions to educate the public about the disability-rights pioneer every year on his birthday, Jan. 23. The commemoration does not include time off for state employees.

"Ed Roberts was a great example that whatever life hands you, you can be a success," said State Sen. Loni Hancock, D-Berkeley, a former next-door neighbor of Roberts' on Ward Street in Berkeley. "California should be very proud."

Roberts, who had polio as a teenager and relied on an iron lung, was among the first seriously disabled students to attend UC Berkeley, and went on to found the Center for Independent Living. He died in 1995.

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Share Your Personal Stories and Reflections to Help

Social Security Celebrate 75 Years of Public Service

Michael J. Astrue, Commissioner of Social Security, today announced that Social Security is asking members of the public, as well as current and former employees, to help the agency celebrate its 75 years of public service by sharing their personal stories and reflections about how Social Security has touched their lives.  To share your story, go to www.socialsecurity.gov and click on the box that says “Social Security Celebrates 75 Years of Public Service.”  Selected stories will be edited for content and brevity and posted for everyone to read.

“On August 14, the most important and successful domestic program in our nation’s history turns 75,” Commissioner Astrue said.  “For three quarters of a century, Social Security has provided a financial lifeline to millions of Americans.  As we approach our anniversary, Social Security remains a solid foundation for retirees, the disabled, and survivors.  I encourage everyone to visit our website, share their stories, and join me in wishing Social Security a happy 75th anniversary.”

Social Security is asking people to tell how the program made a difference in their lives and the lives of their family and friends.  For example:

  • How did it feel to receive your first retirement check?
  • Tell us if you received survivors benefits when a loved one died.
  • How has the Social Security disability program helped you?
  • How did a Social Security Administration employee go above and beyond to provide you with great service?
  • Current and former Social Security Administration employees: Share your memorable stories of service.

Social Security also will soon launch a video contest “How Social Security Has Made a Difference in My Life.”  Submitted videos will be posted on the agency’s YouTube channel and the winning video will be posted on www.socialsecurity.gov.  Details of the contest will be posted on the website later this week.

Social Security invites the public to view a special photo gallery that takes them on a brief journey through the agency’s 75-year history.  The photo gallery is available at www.socialsecurity.gov/75thanniversary.  A more extensive collection of history-related materials that presents both the institutional history of the Social Security Administration and the history of the Social Security program is available at www.socialsecurity.gov/history.

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For many families and small businesses, finding the right insurance plan has meant spending hours on the phone deciphering confusing insurance company lingo and reading way too much fine print. Today finding health insurance just got easier with the launch of HealthCare.gov.
HealthCare.gov Homepage
The
innovative new website developed by the U.S. Department of Health and Human Services helps you understand all the health insurance options available in your local area for you and your family. After answering just a few basic questions, the website's insurance finder will identify public and private coverage options that might be right for you.  

From
HealthCare.gov you can receive updates on the implementation of the new law and, as the website grows, you will be able to research health plan quality ratings, learn about disease prevention, and compare health plan prices all in one place. 

This website is just the beginning of the transparency and peace of mind promised by the new law to check the insurance companies' bad practices and greedy behavior. HealthCare.gov represents an important step in implementation and allows us all to take health care into our own hands.

HealthCare.gov
represents an important step as we move forward to end the insurance company's stranglehold over the American health care system.  We hope that this resource will move us closer the peace of mind promised by the new law.

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JUDGE ORDERS STATE OF FLORIDA TO PROVIDE COMMUNITY SERVICES TO JACKSONVILLE WOMAN AT RISK OF INSTITUTIONALIZATION

 WASHINGTON – The state of Florida must provide Michele Haddad with services that will enable her to remain in her home, a U.S. District Court in Jacksonville, Fla., ruled Wednesday.  Haddad, who has quadriplegia as a result of a motorcycle accident with a drunk driver in 2007, has successfully resided in the community since the accident, but is at risk of entry into a nursing home due to changes in her caregiver situation.  Haddad, who has been on the waiting list for Medicaid community-based waiver services for two years, notified the state of her increased need for services, but was told that community services would only be available if she was willing to enter a nursing home for 60 days. 

 The court ordered the state to provide community-based services as required by the Americans with Disabilities Act’s (ADA) integration mandate as set forth in Olmstead v. L.C.  The United States argued in a brief filed on May 25, 2010, that Haddad would suffer irreparable harm if forced to enter a nursing home to receive necessary services.

The court issued this order in the week that marks the 11th anniversary of the landmark Olmstead decision.

            “In the Olmstead case, the court recognized that the unnecessary segregation of individuals with disabilities stigmatizes those individuals as unworthy of participation in community life,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.  “By supporting Ms. Haddad in this case, we seek to ensure that individuals with disabilities can receive services in the most integrated setting appropriate, where they can participate in their communities, interact with individuals who do not have disabilities, and make their own day to day choices.”

The U.S. government’s participation in this case is part of the administration’s efforts across the nation to affirm the fundamental right for Americans with disabilities to live independently, in what the president has deemed “The Year of Community Living.”

            The full and fair enforcement of the ADA and its mandate to integrate individuals with disabilities is a major priority of the Civil Rights Division.  The ADA protects individuals with disabilities from discrimination by public entities.  People interested in finding out more about the ADA can call the Justice Department’s toll-free ADA Information Line at 1-800-514-0301 or 1-800-514-0383 (TTY), or access its ADA website at www.ada.gov/.

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Federal Government Launches New and Improved National Resource Directory
for Military and Veteran Communities

Comprehensive Web site provides quick and easy access to thousands of resources nationwide

Washington, DC – The U.S. Departments of Defense, Labor and Veterans Affairs, as part of their continued commitment to our Nation’s Service Members, Veterans, and their families, launched  a new and improved National Resource Directory ( www.nationalresourcedirectory.gov).
 
This free online tool provides access to thousands of services, programs and resources at the national, state and community level.  The Web site has a fresh look with many key features that include an improved search engine, Really Simple Syndication (RSS) news feeds, subscriptions to e-mail updates, and new subject areas such as “Homeless Assistance.”
 
The National Resource Directory is designed to serve a broad base of users including transitioning Service Members, Veterans, Wounded Warriors, and their families and caregivers.  In addition, it is a useful tool for service providers who support Veterans and Service Members, such as Department of Defense Recovery Care Coordinators and AW2 Advocates, Veterans Affairs Federal Recovery Coordinators, health care providers and case managers at Veterans Service Organizations.

 “(The National Resource Directory) is wonderful,” says Cara Hammer, an Army Veteran who served in support of Operation Iraqi Freedom.  “I’ve been using it pretty regularly.  It is very comprehensive and fool proof – I love it.”
 
The new features allow the Military and Veteran community to identify and stay informed about the thousands of resources that are available to them as well as browse for information they may not have known about it the past. Additionally, a faster, more accurate search engine provides the tools to sort results by subject area, audience and government or non-government resources to ensure users locate exactly what they want, without having to sort through thousands of links themselves.
 
For more than a year, the National Resource Directory has provided Wounded Warriors, transitioning Service Members and Veterans, and those who support them with quick and easy access to resources they need.  Resources on the National Resource Directory are vetted and must meet the participation policy standards before being added.  This ensures that all the posted resources are relevant and from reputable sources.
 
The new National Resource Directory is simple, easy-to-navigate and even more relevant to the needs of the Wounded Warrior, Veteran and caregiver communities.  It also contains “In the News” and “Spotlight” features to highlight important news and updates. To tell friends and family about the new National Resource Directory, use the “Bookmark and Share” function to post updates on more than 200 social media networks such as Facebook or Twitter.
 
To learn more about the National Resource Directory’s new features, and to explore the thousands of resources provided, visit the Web site at www.nationalresourcedirectory.gov.

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On Anniversary of Olmstead, President Obama Highlights Administration’s Actions to Assist Americans with Disabilities

Last year, on the anniversary of the landmark Supreme Court decision in the case of Olmstead v. L.C., President Obama launched "The Year of Community Living," a new effort to assist Americans with disabilities. One year later, the Administration has taken many steps towards achieving that goal.

"Olmstead was a critical civil rights decision that affirmed a fundamental right for Americans with disabilities – the right to live independently,” said President Obama. “Since I launched the ‘Year of Community Living,’ my Administration has taken a number of important steps to address the needs and concerns of those living with disabilities. And as we mark the 20th anniversary of the Americans with Disabilities Act, we must renew our commitment to uphold the civil rights of those living with disabilities and to fully include all our people in the life of our nation.

In the Olmstead decision, the Court held that the unjustified institutional isolation of people with disabilities is a form of unlawful discrimination under the Americans with Disabilities Act.

Last year, the President 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 affordable housing, community supports, and independent living arrangements. These agencies launched several new initiatives including increasing Section 8 vouchers and enhanced interagency coordination. HHS also conducted listening sessions across the country to hear the voices and stories of Americans.

As part of the "Year of Community Living", Secretary Sebelius created the "Community Living Initiative" to coordinate the efforts of Federal agencies and underscored the importance of the ADA and Olmstead and affirmed the Administration's commitment to addressing isolation and discrimination against people with disabilities across the age span. Today, HHS awarded a $3.2 million contract to establish a Housing Capacity Building Initiative for Community Living. This initiative, administered over a three year period, will support a collaborative working relationship between housing and human service agencies at the Federal, State, and local levels. This is one of the key initiatives in the HUD-HHS partnership that is also seeking funding in the 2011 budget for 4,000 Housing Choice Vouchers for homeless persons with disabilities.

The Administration has also been implementing the Money Follows the Person (MFP) Rebalancing Demonstration Program, which awards funding to States to achieve increased use of home and community based services for eligible individuals who choose to transition from an institutional setting. Such settings often cost less than an institutional setting. MFP seeks to eliminate barriers to the use of Medicaid funds for appropriate and necessary long-term services in the settings of their choice, to achieve continuity of service in transitioning from an institutional to community setting, and to ensure that procedures are in place for ongoing quality improvement in the implementation of Medicaid home and community based services. In support of the MFP effort, HUD made available 5,300 vouchers for non-elderly persons with disabilities. 1,000 of these vouchers were explicitly targeted to link with the MFP program. HUD has also encouraged housing authorities across the country to support the MFP initiative through the establishment of preferences for institutionalized individuals who are in need of affordable, community-based housing.

The Justice Department’s Civil Rights Division has also taken steps to ensure that the promise of Olmstead is kept – it has filed lawsuits in Arkansas and Georgia, intervened in a case in New York, and filed amicus briefs in cases in Connecticut, Virginia, North Carolina, Illinois, Florida, New Jersey and California. In these cases, the Division has sought to ensure that people with physical, psychiatric, and developmental disabilities can leave inappropriate institutional living arrangements and receive services in supported housing and other community settings. It has also sought to ensure that people with disabilities who are living in the community can stay there. The Division continues to investigate and prepare cases alleging violations of Olmstead.

Earlier this month, Valerie Jarrett, Senior Advisor to President Obama, kicked off the President’s and White House’s observance of the 20th Anniversary of the ADA by delivering remarks at the VSA International Festival at the Kennedy Center. In the coming weeks, the Administration will continue to commemorate the anniversary with various events.

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     Housing Advocates, Interest Groups and the Public

On April 30, 2010, Governor McDonnell issued Executive Order 10, which established Virginia's first executive housing policy framework.   The Governor's framework will guide the development of a statewide housing policy that will be announced in the fall. 

 

The Governor's housing policy will address homelessness and affordable housing, as well as workforce housing, economic development, healthy neighborhoods, effective coordination with transportation, environmental issues and other housing relatedopportunities.  The housing policy is being developed under my leadership as chair of the Housing Policy Work Group and Housing Policy Advisory Committee. 

 

The Housing Policy Work Group held its first meeting on June 17.  We are now seeking input in the form of suggestions for addressing the identified critical housing issues.  Broad policy areas, initially identified by the Virginia Housing Commission in 2006, provided the initial structure for soliciting comments.  The Housing PolicyWork Group identified several questions under each policy area that they would like you to address.

If you are a leader of a group or association, please respond in an organizational context best representing the views of your organization.  We ask that you use the following link for organizational comments to help us better understand the collective viewpoints:

 

Organization Comments:  http://www.pmg.vcu.edu/Housing/housing%20policy.html

 

Additionally, we ask that you forward this email to individual members of your organization or association so that they may respond as well, understanding that the nature of the responses, not the number of them, is most pertinent to our work. 

 

A link to the survey site for general public comments is:

 

Public Comments:  http://www.pmg.vcu.edu/Housing/housing%20policypublic.html

 

Both links ask for identical information.  Using the two links will help the Advisory Committee better understand viewpoints from around the state.

 

Your comments should be entered no later than July 9, 2010 to ensure inclusion in the summary report prepared for Policy Committee and Work Group members.  Comments received after July 9, 2010 may not be included.  We anticipate meeting with the Housing PolicyWork Group and Advisory Committee soon after the end of the survey period to review the input and determine next steps.

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Commission Seeks Public Comments

Governor McDonnell's Commission on Government Reform and Restructuring would like to receive suggestions from the public to make government simpler, more efficient and more effective. We especially welcome recommendations from state employees, local government officials and those who interface with state government on a regular basis. The Commission is developing recommendations to deliver state services at the lowest cost and best value to Virginia taxpayers, streamline state services, and make state government more transparent and accountable to its citizens. Please submit your suggestions here.

The Commission will evaluate the recommendations received at its meetings this summer. A list of approved recommendations will be presented in September for public comment. All Commission and committee meetings are open to the public. Schedules and videos of the meetings are available at www.reform.virginia.gov.

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Information Alert: KT4TT Seeks Survey Referrals; Offers Compensation

 I am writing on behalf of the Center on Knowledge Translation for Technology Transfer (KT4TT), of which Western New York Independent Living is a full partner.   This center is funded by the National Institute on Disability Rehabilitation Research and operating since October 2008 led by Joe Lane, of the University at Buffalo. We previously held the NIDRR grant for Rehabilitation Engineering Research Center on Technology Transfer, which was able to get over 50 products for people with disabilities into the market place, before getting this current award.

I am writing this with a special request regarding augmentative communication.  Our Center’s research is focused on knowledge translation strategies and currently we are working with AAC technologies.  Our research interest is about best ways of communicating research knowledge to AAC stakeholders – and this includes consumers, clinicians, brokers, policy makers, manufacturers and researchers. 

If you can help us identify consumers over the age of 18 who use AAC equipment, and who will participate in our study both you and the consumer will benefit.

 For any consumer who participates in the study he / she will receive $100 for each one of the 3 questionnaires we will ask them to complete.

For each participant an organization is able to offer us, a chance will be put into a drawing for $1000.  (This means if you are able to help us find 1 consumer you will get 1 chance at the drawing, if you assist us in finding 10 consumers you will get 10 chances in the drawing.)  We are only seeking 60 participants so you can see your chances of winning the drawing is greatly enhanced with more referrals.

If you are able to assist us, or wish to know more about the study please feel free to email me or call: (716) 204-8606 ext. 205.  I look forward to your assistance in helping us identifying the best way for new knowledge to reach the person’s who can best benefit by it.

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Wednesday, June 9, 2010

Justice Department Signs Agreement with Smyth County, Virginia, to Ensure Civic Access for People with Disabilities

WASHINGTON- The Justice Department today announced an agreement with Smyth County, Va., to improve access to all aspects of civic life for persons with disabilities. The agreement was reached under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA).

PCA was initiated to ensure that persons with disabilities have an equal opportunity to participate in civic life, a fundamental part of American society. As part of the PCA initiative, Justice Department investigators, attorneys and architects survey state and local government facilities, services and programs in communities across the country to identify the modifications needed for compliance with ADA requirements. The agreements are tailored to address the steps each community must take to improve access. This agreement is the 179th under the PCA initiative.

“Access to civic life is a fundamental part of American society and is necessary for individuals with disabilities to be full members of their communities,” said Thomas E. Perez, Assistant Attorney General of the Civil Rights Division. “Communities and workplaces across the nation have become more accessible for America’s nearly 50 million people with disabilities due to cooperative actions taken by entities like Smyth County. We hope that all local governments are committed to achieving full compliance with the ADA, particularly as we approach the 20th anniversary of this landmark civil rights law in July."

Under the agreement announced today, Smyth County will take several important steps to improve access for individuals with disabilities, such as:

  • Making physical modifications to facilities surveyed by the department so that parking, routes into the buildings, entrances, service areas and counters, restrooms, public telephones and drinking fountains are accessible to people with disabilities.
  • Surveying other facilities and programs and making modifications wherever necessary to achieve full compliance with ADA requirements.
  • Ensuring that buildings and outdoor facilities that will be built or altered by or on behalf of the county comply with the ADA’s architectural requirements.
  • Posting, publishing and distributing a notice to inform members of the public of the provisions of Title II and their applicability to the county’s programs, services and activities.
  • Officially recognizing the Virginia’s telephone relay service as a key means of communicating with individuals who are deaf, are hard-of-hearing, or have speech impairments and training staff in using the relay service for telephone communications.
  • Undertaking the required planning and modifications to ensure equal, integrated access to emergency management for individuals with disabilities, including emergency preparedness, notification, evacuation, sheltering, response, clean up and recovery.
  • Developing a method for providing information for interested persons with disabilities concerning the existence and location of the county’s accessible services, activities and programs.
  • Installing signs at any inaccessible entrance to a facility directing individuals with disabilities to an accessible entrance or to information about accessing programs and services at other accessible facilities.
  • Adopting a grievance procedure to deal with complaints of disability discrimination relating to county programs and services.

Smyth County, named to honor General Alexander Smyth, was created in 1832. Two-thirds of the 435 square miles of the county came from neighboring Washington County, and one-third from Wythe County. According to 2000 census data, 24.9 percent of people living in Smyth County – nearly one in every four residents – is an individual with a disability.

Today’s agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments. The department will actively monitor the county’s compliance with the agreement. The agreement will remain in effect for three years or until the department has confirmed that all required actions have been completed, whichever is later.

People interested in finding out more about the ADA, today’s agreement with Smyth County, the Project Civic Access initiative, or the ADA Best Practices Tool Kit for State and Local Governments can access the ADA Web page at www.ada.gov or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).

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National Youth Leadership Network

 Reap What You Sow: Harvesting Support Systems Institute

 When: July 29-31, 2010

Where: Raleigh, North Carolina

What: Introduction of a new, interactive curriculum

·         The curriculum teaches youth with disabilities how to work with their families to maximize support from people in their lives and become more self-determined

·         Youth, family members, and adult allies learn together.

·         Created by youth with disabilities with input from family members.

·         Includes 100% fun and hands-on activities

 Who: YOU!

·         Young people/young adults (ages 14-28) with disabilities

·         Family members of young people with disabilities

·         Youth groups and youth group facilitators

·         Community development administrators

·         Inclusive educators

·         Vocational Rehabilitation Counselors

·         Independent Living Specialists

·         And more...

Learn more at www.nyln.org (link at bottom of page) or call 1-866-480-6565

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Greetings from the Center for Assistive Technology and Environmental Access (CATEA) at Georgia Tech!

We are writing to announce a new survey about workplace accommodations – technology, physical changes to the workplace, or policy changes that employees have used to help them be more effective in their jobs.  We are most interested in the features that help an employee because of a limitation in his or her ability due to a loss of function or disability.

We would like for you to answer some questions about the job accommodations you use. On average, this should take about 30 minutes to complete, though it might take longer depending on the number of accommodations you use. You will have the option of saving your responses and continuing at a later time.

If you have difficulty using the computer you may schedule an appointment with us to complete the survey over the phone.  Please contact Maureen Linden at 404-894-0561 if you would like to answer these questions by telephone.

 If you are interested in finding out more, please visit the link below, where you will find more information and can continue on to take the survey if you desire.

http://www.surveygizmo.com/s/200473/workplace-features-that-aid-function

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Social Security to Provide Helpful Health Care Information

to Over 3 Million Disability Applicants Each Year

 Michael J. Astrue, Commissioner of Social Security, today announced the agency is providing helpful health care information and website links to the more than three million individuals who apply each year for Social Security and Supplemental Security Income (SSI) disability benefits. The website links take disability applicants to two U.S. Department of Health and Human Services (HHS) websites – www.healthfinder.gov where they will find information and tools to help them better understand and cope with their conditions; and www.healthfinder.gov/rxdrug where they may be able to get help paying for prescription drugs.

 “This year over three million Americans will apply for disability benefits. Whether they meet the statutory test and qualify for benefits or not, almost all of them are facing difficult economic and medical challenges. One of the advantages of our fully electronic system is that our notices can provide applicants with valuable information provided by HHS that might help them make good choices faster,” Commissioner Astrue said. “Twenty five years ago, I had the experience of filing for disability benefits on behalf of my seriously ill father. It would have been a blessing to have had easy access to this kind of important information.”

The website at www.healthfinder.gov provides detailed information about specific diseases. For example, an applicant with breast cancer, rheumatoid arthritis, Alzheimer’s disease, diabetes, or other diseases can go to the site to gather information about diagnosis, symptoms, treatment, ongoing research, and local resources available to people with those diseases. The website at www.healthfinder.gov/rxdrug links people to the Partnership for Prescription Assistance, which directs people to information on reduced cost or free prescription drugs offered by drug companies, state and local governments, and local organizations.

 The helpful health care links also are available on Social Security’s website at www.socialsecurity.gov/applyfordisability.

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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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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.

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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! 

 

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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.

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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.

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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. 

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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.)

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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.

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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

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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

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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

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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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As a business owner or operator, or someone thinking about opening a business, you may have wondered what you have to do to comply with the Americans with Disabilities Act (ADA).  This course explains how the ADA applies to businesses in ten short lessons.  Putting these lessons into practice will allow you to comply with the ADA and welcome a whole new group of customers to purchase your goods, products, and services.  And you may find that making your business more accessible and welcoming to people with disabilities is not as difficult as you thought.

To make this course easier to fit into your busy schedule, it is divided into individual lesson modules.  You may go though the lessons at your own pace and as your time allows. As you progress through the course, you will find links to additional information, but you can also access a wealth of information by visiting the ADA Website at
www.ada.gov, if you have questions about a specific situation.
To visit the course go to

http://www.ada.gov/reachingout/intro1.htm

 
 

Copyright 2009    w   Last Updated 08/03/2010