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February 2004
Candidates Respond to Medicare Questionnaire Five Democratic presidential candidates responded to a Medicare Rights Center (MRC) questionnaire this month, expressing positions on nine Medicare consumer issues. Participants in the survey as of January 16, included Sen. John Edwards, Sen. John Kerry, Rep. Dennis Kucinich, Sen. Joseph Lieberman, and Ambassador Carol Moseley Braun. MRC identified the nine issues based on consumers' calls to its free helpline. "Although Washington has focused on the new Medicare drug benefit this past year, there are many other issues of life-and-death importance to people with Medicare," said MRC President Robert M. Hayes. Sen. John Edwards, Sen. John Kerry, and Rep. Dennis Kucinich are distinguished as supporting all nine consumer reforms. All five responding candidates supported four reforms:
MRC, still accepting candidates' responses to the questionnaire, challenged the remaining candidates — including President Bush — to express positions on the nine questions. "People with Medicare deserve to know where candidates for their nation's presidency stand on these critical issues," Hayes said. At the time of this release, the Bush-Cheney campaign had not responded to the questionnaire. The Dean campaign issued a broad statement which addressed some issues in the survey. The Clark and Gephardt campaigns reported that they were continuing to work on their responses. The Medicare Rights Center, founded in 1989, is the largest independent source of information and assistance on health care rights and benefits for older and disabled men and women in the United States. For more information, call 212/204.6219, or visit the web site. Source: Medicare Rights Center,1/16/04 
Questionnaire (with one-page background briefs)
Candidates' responses
Medicare Rights Center
Study Ties Obesity to Increases in Disabilities By Nanci Hellmich, USA TODAY The number of disabled Americans in their 30s and 40s increased dramatically over the past 20 years, a study out Thursday says, and the researchers point to obesity as a major contributing factor. Rising disability rates among people this young are likely to mean higher health care and unemployment costs for the nation, experts say. This research adds to the growing list of health problems, including heart disease, diabetes and cancer, linked to being overweight. About 65% of American adults are either obese or overweight, up from 47% in 1980. For the latest study, Rand Corp. researchers examined data from 36,000 households from 1984 to 1996. Information from more recent years was not directly comparable. People were defined as disabled if they couldn't take care of their personal care needs, such as dressing themselves, or they had limited ability to perform other routine tasks such as shopping. The researchers found that disabilities increased:
Disability declined in people in their 60s from 792 per 10,000 in 1984 to 763 per 10,000 in 1996. Diabetes and musculo-skeletal problems such as chronic back pain were two of the most important causes of disability among the younger groups. Mental illness was another major factor. "We know the obese are more likely to be disabled, which may be related to diabetes and back problems," says Dana Goldman, director of health economics for Rand Corp. and one of the authors of the study, which was published in the January issue of Health Affairs. Goldman and the other authors predict that the recent growth in disabilities among these younger age groups could lead to a future nursing home population that is 10% to 25% larger and Medicare expenditures that are 10% to 15% higher than they would have been if disabilities had not increased. "The burden will be on taxpayers as the prevalence of disability increases," says Eric Finkelstein, a health economist with RTI International, a non-profit think tank in Raleigh, NC, "because ultimately (treatment and support of the disabled) are financed through public-sector plans." Source: USA TODAY,1/9/04 Leaving Some Children Behind The No Child Left Behind Act is potentially the most important school initiative to come along since the country embraced compulsory education in the early 20th century. But the goal of providing all children with qualified teachers and high-quality schooling may slip away unless Congress provides the money needed to do the job and holds the line against groups that are working to undermine the law. Those interest groups are especially peeved by a provision that requires the states to raise achievement levels for all categories of students, including children with disabilities, who have usually been shunted into separate classes and excluded from state achievement tests. A hard-core faction of school administrators and legislators argues that the six million children who receive special education services under federal law will never catch up and should be exempted from higher standards. Congress has thus far rejected this argument and must continue to do so. The percentage of children with cognitive disorders, like retardation, that make it impossible for them to learn is relatively small. No Child Left Behind has already established flexible procedures for states that wish to exempt these children from the requirements of the law. But many of the children who have been dumped into special education classes are not disabled. They are teachable children who have fallen behind or who present disciplinary problems. Among those with disabilities, perhaps as many as 70 percent are teachable children who suffer from learning or language-related disorders. These children tend to flower when provided with teachers who know how to teach them — but such teachers are rare in public schools. According to federal estimates, only about a quarter of all teachers know how to teach reading to the 4 in 10 children who do not catch on automatically. Critics of No Child Left Behind want to abandon disabled children by counting them out of the push for higher standards. The better solution is for well-trained teachers to help them succeed. Source: The New York Times, 1/27/04. Justices Hear Case on Scope of Disabilities Act By David G. Savage, Staff Writer WASHINGTON - George Lane, who had been left in a wheelchair because of a back injury, went to a Tennessee county court house in 1996 to answer a misdemeanor reckless driving charge. But the courtroom was on the second floor, and there were no elevators or ramps. Lane crawled up the steps. When ordered to return for a later appearance, he refused to crawl the stairs again and was arrested. Beverly Jones, a court reporter, had a similar problem. A paraplegic, she routinely had to be carried to the second floor to reach rural Tennessee courtrooms. More than 30 years ago, Congress said states, schools and public colleges needed to install ramps or elevators to make their buildings accessible to the disabled. In the Americans With Disabilities Act of 1990, Congress went further and outlawed all discrimination against people with disabilities by state and local governments. Yet a Tennessee lawyer came before the Supreme Court on Tuesday to argue that his state has a "sovereign immunity" that shields it from being sued by disabled persons. It was a bold argument, but one firmly based on recent high court rulings that have barred discrimination victims from suing states under some federal civil rights laws. The case of Tennessee vs. Lane and Jones has drawn wide interest among the disabled, and the aisles of the courtroom were filled Tuesday with people in wheelchairs. Outside, angry demonstrators chanted, "Justice for all! We won't crawl!" "It's outrageous that anyone should be denied their dignity because a state like Tennessee fails to comply with the ADA. It's even more outrageous that some states would argue the law never should have applied to them in the first place," said Jim Ward of the National Coalition for Disability Rights. He was referring to the state's legal argument that Congress overstepped its bounds by subjecting the 50 states to lawsuits from disabled people. The 1990 disability discrimination law "exceeds Congress' enforcement authority," Tennessee's Solicitor Gen. Michael E. Moore told the court, because the states "were not engaged in a widespread pattern of violations" against those who were blind, deaf or in a wheelchair. Newer state buildings have ramps or elevators, he said, conceding that "the amenities required by the ADA were not present" when Lane and Jones went to the courthouses. But state officials were willing to make accommodations by moving Lane's trial to another site and by carrying Jones to the second floor in her wheelchair. William J. Brown, a lawyer for the two plaintiffs, urged the court to uphold Congress' broad authority to protect civil rights. "Congress has the power to ensure all of us have rights as citizens," he said. And "all of us have a fundamental right of access to the courts." His case was bolstered by the Bush administration's Deputy Solicitor Gen. Paul D. Clement, who also urged the court to uphold the power of the federal government to protect the civil rights of disabled persons. "Congress was reacting to a real problem," Clements said. Disabled people have been barred from voting booths as well as courthouses, he said. And federal officials cannot be everywhere to protect their rights, so victims of discrimination must be allowed to sue, he said. The case marks the latest clash between federal and state power at the Supreme Court. The 14th Amendment to the U.S. Constitution says Congress has the power to pass "appropriate legislation" to enforce the civil rights of all Americans. More recently, however, the court has struck down a series of laws that were deemed to go too far. Four years ago, for example, the court said the nation's 5 million state employees may not sue their employers if they were fired or demoted based on age discrimination, despite the federal law that forbids such bias. The next year, the court ruled that disabled employees of state colleges and hospitals could not sue if they were victims of discrimination, despite the 1990 law that forbade such bias. In both instances, a 5-4 majority said states had a "sovereign immunity" that protected them from such suits. During Tuesday's argument, Justice Antonin Scalia said he saw no constitutional reason why state agencies cannot discriminate against persons he referred to as "handicaps." Some states "may not have made it easy for handicaps to vote," he said, but that is not reason enough for Congress to subject states to lawsuits, he said. Chief Justice William H. Rehnquist agreed. Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer have consistently upheld Congress' power to enforce anti-discrimination laws. Justice Clarence Thomas is likely to side with Rehnquist and Scalia. So the outcome will depend on Justices Sandra Day O'Connor and Anthony M. Kennedy. Both have sided with the states in past cases, but also have supported civil rights claims in other contexts. A ruling can be expected in several months. Source: Los Angeles Times, 1/14/04. Accessible Voting Victory in Florida By Jim Dickson On Wednesday, January 14, 2004, Judge Wayne Alley of US Federal Court of Central Florida ordered the State of Florida and the city of Jacksonville to have accessible voting machines in place for this year's August primary and November general election (American Association of People with Disabilities v. Hood). AAPD and disabled voters across the country congratulate Doug Baldridge and Howrey, Simon, Arnold & White, who did a superb job. This is the third federal district court that has made a similar ruling. Jacksonville, Washington, DC, and Philadelphia all purchased and installed new voting systems that were not accessible, actions which multiple federal courts have subsequently struck down. The State of Florida and the city of Jacksonville were found to have violated the ADA and the Rehab Act. The judge is requiring both the state and the city to report their progress to the court regularly over the next few months. This ruling should apply to 29 of the Florida counties with similar facts, as well as states and counties across the nation. For more information, contact : Jim Dickson, Vice President of Governmental Affairs, AAPD 1629 K Street, NW, Suite 503 Washington DC 20006 br> 800/840.8844 (v/tty) Florida Vows to Appeal Accessible Voting Ruling By Nancy Cook Lauer, Bureau Chief Worried that it will set a precedent, Florida's supervisors of elections plan to appeal a federal ruling requiring Duval County to provide voting machines for the disabled by the Aug. 31 primary. The tentative ruling Thursday, by U.S. District Judge Wayne Alley, found that counties must comply not only with the new Help America Vote Act, but also the more stringent Americans with Disabilities Act when holding elections. The Florida State Association of Supervisors of Elections, upon hearing of the ruling while at a conference, immediately voted unanimously to fight it, Leon County Supervisor of Elections Ion Sancho said Friday. If the ruling is applied statewide as the state Division of Elections fears, it will affect 52 of Florida's 67 counties. Leon County is one of them. Sancho said he is planning to install an audio voting machine in the Leon County Courthouse in time for early voting for the Nov. 2 general election, but he simply wouldn't be able to have such machines in every precinct by the primary. Instead, he plans to ask for $800,000 to install them for the 2006 elections, as required by HAVA. Installing a single machine will increase accessibility for disabled voters while giving the county time to educate voters and train poll workers on their use, he said. Sancho said it takes 18 months to implement new voting technology properly on a countywide basis. "You simply can't introduce equipment at the last second," Sancho said. "You can't if you don't want a problem." It's unclear whether the judge will require machines in each precinct this year, or in a central location. He gave each side 10 days to reply to his tentative ruling but indicated he would make it permanent. The lawsuit against Duval County and the state Division of Elections was filed by the American Association of People with Disabilities, which says the county was required to put in the accessible machines under the ADA when it upgraded from a punch-card to an optical-scan system. Duval County contends HAVA took precedence over the Americans with Disabilities Act, a stance Sancho takes as well. But James Dickson, vice president of governmental affairs for the national disabled group, says HAVA clearly spells out that other federal laws also apply. "I think they would be silly and it would be wasteful of public resources to try to appeal on that ground," Dickson said. "We're talking about the right to vote. Why should it be delayed? What's the problem?" For more information, contact Nancy Cook Lauer : 850/ 222.6729 Source: The Democrat Capitol, 1/17/04 The Perils of Online Voting Internet voting has been viewed as a possible cure for some of the ills that afflict the mechanics of American democracy. Recently, the technology has seemed to move ahead of any serious consideration of whether it is actually a good idea to allow home computer owners to choose a president in the same way they order bath towels online or send e-mail to their relatives. But now there are grave questions about whether even the technology makes sense. Four computer scientists brought in by the Pentagon to analyze a plan for Internet voting by the military issued a blistering report this week, concluding that the program should be halted. These four are the only members of a 10-member advisory committee to issue a report on the program. Their findings make it clear that the potential for hackers to steal votes or otherwise subvert elections electronically is too high. Congress should suspend the program. The intentions behind the Pentagon's plan, the Secure Electronic Registration and Voting Experiment, are laudable. Military personnel overseas, and other Americans abroad, face obstacles to registering and voting. The new program would ease the way by allowing them to use any computer hooked up to the Internet. This year, it would be limited to voters abroad who are from one of 50 counties in seven states, but it could eventually be used by all of the estimated six million American voters overseas. The advantages of the Pentagon's Internet voting system are, however, far outweighed by the dangers it poses. The report makes it clear that the possibilities for compromising the secrecy of the ballot, voting multiple times and carrying out vote theft on a large scale are limited only by the imagination and skill of would-be saboteurs. Viruses can be written that will lodge on voters' computers and change their votes. Inter net service providers, or even foreign governments that control network access can interfere with votes before they reach their destination. This week's report — which was written by respected scientists, including Aviel Rubin, an associate professor of computer science at Johns Hopkins University — is not the first to call Internet voting into question. A March 2001 study by the Internet Policy Institute, financed by the National Science Foundation, found that Internet systems like the Pentagon's "pose significant risk to the integrity of the voting process." There is every reason to believe that if federal elections can be tampered with, they will be, particularly when a single hacker, working alone, might be able to use an online voting system to steal a presidential election. The authors of this week's report concede that there is no way of knowing how likely it is that the Pentagon's voting system will be compromised. What is clear, however, is that until the vulnerabilities they identified are eliminated, the risks are too great. Source: The New York Times, 1/23/04. Accessible Bathrooms with Style By Carol Polsky, Staff Writer Architect Michael Graves is a famous name in the world of design, from his post-modernist buildings to his renowned teapots and toasters at Target. So, when sudden illness left him partially paralyzed and in a wheelchair last year, it was startling news. By all reports, he has adjusted well. As of the new year, he was back in place in his Princeton NJ home after renovations were completed to make his home fully accessible. A roll-in shower, new toilet and other features were added to his master bath and, as one may imagine, Graves wasn't about to settle for anything less than fabulous. Nor did he need to: The room demonstrates that accessible design can be high-style design. "I think the key is that you accept that you are not a handicapped person, you're a person," say Joshua Zinder, an architect who works for Graves and managed the bathroom renovation. "Whatever you liked before you were handicapped, you like afterward, and the materials you liked before, you can still use." Rules that took effect under the Americans with Disabilities Act of 1990 have caused widespread ripples in the design world, with companies now offering a plethora of products meeting the ADA guidelines for commercial and residential use. "In the last couple of years, there's been a huge explosion in the types of materials you can use," says Zinder, whose own designs for his parents' Sands Point home were included in a book on accessible design a few years ago. Moreover, other trends have converged with the ADA guidelines to spur industries into accessible design. Aging baby boomers are a huge potential market for such products: higher toilets that make it easier to sit and stand, showers and tubs that don't require high leg lifts, attractive grab bars and non-skid flooring. "We don't go to great lengths to point out that almost all of our products are ADA-compliant," says Gary Uhl, director of design for American Standard Plumbing, "but they are." "What I do know as a member of the design community: Many industries are changing their products to deal with accessibility for boomers." Lever handles — far easier to use than traditional doorknobs — are common and fashionable. Storage in separate bathroom furniture, rather than in vanities that block under-sink access, is another fashion trend meeting the needs of accessible design, he says. Many sinks, such as pedestals, are stylish and barrier- free. Others that are more shallow and come out farther from the wall for greater access "don't strike you as special in that way; they just look like an interesting style." In fact, an adjustable American Standard sink that could be raised for wheelchair users was discontinued because it didn't sell well, Uhl says. ADA guidelines call for a toilet 17 inches from the top of the toilet seat to the floor, Uhl says, and at one time, toilets meeting that requirement "had a very institutional look to them. Today, we make a whole range of toilets at that height, but we don't refer to them as ADA; we refer to them as 'right height,' and, again, they are very popular with the boomers." Tiles, stone and other flooring materials have been made more skid resistant, and stylish grab bars in a spectrum of colors and materials from companies like HEWI offer numerous design options beyond the plumbing fixtures. Devices such as thermostatic control valves, to maintain temperatures despite changes elsewhere in the house, should be installed with the shower, Uhl says, noting that adjustable showerheads on a mounted slidebar are also useful. Zinder says that Graves' new roll-in shower, big enough for a wheelchair to turn in, was tiled in the same red marble used in the rest of the bathroom, honed to provide more traction. A toilet of a suitable height was purchased from a high-end plumbing supplier popular with architects, and larger mirrors were installed over his existing, still- suitable pedestal sinks so he could see into them. Graves says of his new roll- in shower, "We made sure that the wheelchair could make a 360-degree turn. Also, I have space to turn on the water and let it run to warm up, without having to be under it. Though I often have help available, I wanted to be sure that I could take a shower by myself as well. Both the fixed and handheld shower heads were attractive fixtures that I've used in other installations. "The new shower space works with the existing bathroom while not being an 'ugly duckling.' The small window is good for looking to see what the weather is like, without putting the shower on display for the neighbors. The niche and shower bench are great for stacking towels and shampoos and the like." Graves decided he wouldn't install grab bars, although the in-the-wall reinforcement blocking needed to support them was installed in case he needs them later. Apart from that, Zinder says, a team of specialists who assessed Graves' home for accessibility was surprised how little needed to be done. Graves, Zinder says, responded that "good design is good design." Graves' sudden change of circumstances is exactly the kind of thing architect Laura Casale of Manhasset bears in mind these days, after working on several accessible bathroom renovations for clients who suddenly needed them. She was renovating a cottage on a client's property to accommodate elderly parents, when suddenly the client's father's needs changed. "In the midst of the work, he lost his leg to diabetes, and we quickly reconfigured," the space, Casale says. "We made the shower into a curbless shower and added grab bars and the comfort-height toilet. "These projects have made me so much more aware of how to approach all my future projects, how to prepare for the what-ifs, a simple leg break for instance," she says. In an extension project, she now asks, "Is there a way to look at this project to accommodate those needs if they ever occur?" She points to good lighting, wider doorways with at least a 32-inch opening, room in the downstairs half bath for a shower, a bench in the master bath shower (though usually not a roll-in, which is costlier to build), a handheld shower head for easier or assisted bathing, and always, the interior wall blocking needed for later installation of grab bars. "It's probably a $10 carpentry item before finishing the bathroom," she says, and later, when grab bars are needed, a call to a carpenter for an hour's installation job. "It's a job that would cost thousands of dollars and a week's work if done after completion." Source: Newsday, 1/29/04. Florida Man Staves Off Eviction Sanibel, FL — An 82-year-old man who faced eviction because his landlord thought he was disabled has won the right to stay in his home of twelve years, and has secured a major change in Sanibel's affordable housing policy. Settlement terms were announced today in the lawsuit filed in August by Howard 'Hop' Symons against Sanibel, a nonprofit housing provider and its director, which had alleged violations of federal anti-discrimination laws. In addition to renewing his lease, the defendants have revised their policies to eliminate any reference to 'ability to live independently' as a criterion for tenancy. Attorneys from AARP and the Bazelon Center for Mental Health Law and Fort Myers attorney Josephine Gagliardi, who represented Symons in the suit, applauded the settlement. "We appreciate the willingness of the City and other defendants to bring this matter to a successful resolution," said senior attorney Susan Silverstein at AARP, the nation's largest membership organization for older Americans. "Hopefully, housing providers in other communities across the country will follow Sanibel's lead and do away with 'independent living' policies that arbitrarily discriminate against seniors and people with disabilities." The lawsuit, settled Nov. 3, had been filed in the US District Court for the Middle District of Florida. It alleged that Community Housing and Resources, Inc. violated the Fair Housing Act, the Americans with Disabilities Act and the Rehabilitation Act of 1973 by adopting and enforcing a discriminatory 'independent living' policy against applicants and residents in its affordable housing program. Attorneys for the plaintiff argued that the independent living criterion had a harsh and impermissible effect on older people and people with disabilities, because it disqualified them from tenancy if they needed even minor assistance with activities such as housekeeping, meal preparation, bathing or assistance with medications. "Federal courts in six states have declared so-called 'independent living' policies illegal," said Michael Allen, senior staff attorney for the Bazelon Center for Mental Health Law. "The law is very clear: tenants of all kinds of housing are permitted as much or as little assistance as they need to comply with the terms of their lease and to provide care for themselves." Symons, an active bicycle rider and tap dancer, had maintained throughout the dispute that he was entirely capable of taking care of his own needs, an opinion shared by three of his doctors and his pharmacist, one of whom noted that Symons arrived at appointments by bicycle and was well-engaged in managing his health. With more than 2.6 million members in Florida — and 35 million nationwide — AARP is a nonprofit, nonpartisan membership organization for people 50 and over. We provide information and resources; advocate on legislative, consumer, and legal issues; assist members to serve their communities; and offer a wide range of unique benefits, special products, and services for our members. These benefits include AARP Webplace at www.aarp.org, AARP Modern Maturity, and My Generation magazines, the monthly AARP Bulletin, and a Spanish-language newspaper, Segunda Juventud. Active in every state, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands, AARP celebrates the attitude that age is just a number and life is what you make it. The Bazelon Center for Mental Health Law is the leading national legal advocate for people with mental disabilities. Through precedent-setting litigation and in the public policy arena, the Bazelon Center works to advance and preserve the rights of adults and children with mental illnesses and cognitive disabilities. For more information, call :
Access Living Sues IL Dept. of Public Aid CHICAGO — Today, three nursing home residents filed a class action complaint in US District Court in Chicago against the Director of the IL Department of Public Aid. The suit alleges the defendant fails to ensure that nursing homes provide their residents with motorized wheelchairs when needed to ensure the residents' independence of movement. This failure violates the Americans with Disabilities Act, the Medicaid provisions of the Social Security Act, and Section 504 of the Rehabilitation Act. The plaintiffs are three young men, two with quadraplegia and one who experienced a stroke, who live in Medicaid-funded nursing homes. Confined to their beds virtually all the time, the men eat in their beds and bathe only twice a week. They cannot visit friends or family or go outside for a breath of fresh air. Without a motorized wheelchair, they have no hope of accessing the rehabilitative and social services they need to leave the nursing home and live on their own. Medicaid recipients are eligible for motorized wheelchairs when medically necessary. Even though specialists have found that the men need and would benefit from motorized wheelchairs, they have been denied these chairs solely because they live in a nursing home. The plaintiffs are represented by lawyers from Access Living and disability-rights attorney Stephen Gold of Philadelphia. The case is titled Jackson v. Maram. According to Monica Heffner, a community re-integration counselor with Access Living who helps people with disabilities leave nursing homes and access community services, the three plaintiffs are not the only victims of this policy and practice. ... The plaintiffs will ask the court to certify a class of all similarly situated nursing home residents in Illinois. For more information, contact Gary Arnold at Access Living: 312/253.7000 ext 199 or 312/253.7002 (tty). Survey on Exercise The Rehabilitation Engineering Research Center on Recreational Technology at the Univ. of Illinois at Chicago is conducting a National Users with Disabilities Group on Exercise needs survey. The ultimate goal of the study is to help the more than 54 million Americans with disabilities gain greater access to fitness and recreation opportunities. You may participate in this project which takes about ten minutes to complete. All information provided will be confidential.
Participate in the survey
Gargoyles 2004 Friday, October 1st, will be the 14th Annual Gargoyle Awards Dinner at the Chicago Hilton and Towers. Nomination forms will be available on the website after March 1st, or by calling the office to request one. The deadline to submit nominations is July 15th. Start thinking about which advocate you will nominate! Invitations will be mailed after Labor Day. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
