I wanted to let you know that through the efforts of many ILC's and in particular the SSAN, there will be no cut to ILC funding in the budget agreement just passed. The SSI cut was also stopped. Your willingness to come to Albany, go to your local legislators' offices, and to get your volunteers to make calls and send emails made the difference.
Unfortunately, many other services provided by ILCs and/or used by people with disabilities were cut, including OMRDD and OMH funded services.
The fight that will start in January over next year's budget will be much harder, and we know we can count on your efforts to fight cuts once again. Thanks as always for your hard work.
Tuesday, December 8, 2009
Governor Paterson and the New York State Budget CrisisIn late November of last year, the Legislature concluded an Extraordinary Session convened by Go
In late November of last year, the Legislature concluded an Extraordinary Session convened by Governor Paterson to address New York State’s worsening fiscal crisis. According to the Governor, although historic reforms were achieved, which makes government more accountable to taxpayers, the Legislature failed to adequately address this crisis.One of the achievements was the most important reform to our State’s pension system in more than 25 years, creating a new “Tier 5” that will substantially reduce the cost of government for the long-term. Thanks to this legislation, New York finally has a rational pension system that provides a secure retirement for hardworking public employees, while controlling costs for property taxpayers.In addition, landmark reform of our State’s public authorities was enacted. Public authorities are critical to promoting economic development, but for too long they have operated without sufficient transparency. The new law provides the tools needed to root out any waste, fraud or abuse in the system and to reduce costs.The objective of these measures is simple: cuts costs and provide tax relief. Unfortunately, (according to the Governor), the deficit reduction plan passed by the Legislature does not fully address the current-year budget deficit, nor does it solve the severe cash-flow crunch, or address our long-term structural imbalance. If the Legislature will not do what is necessary, Governor Paterson claims, that he will continue to take the difficult actions that are needed to restore our State’s fiscal integrity. This (in my opinion) can only mean that more cuts are on the way.
Monday, October 19, 2009
Changes in Social Security for 2010:
Changes for Social Security for 2010:
Monthly Social Security and Supplemental Security Income (SSI) benefits will not automatically increase in 2010 as there was no increase in the Consumer
Price Index (CPI-W) from the third quarter of 2008 to the third quarter of 2009.
SSDI: SGA (Non-blind) will be $1000.
SGA (Blind) will be $1640 - No change due to no COLA (See above).
TWP will be $720/month.
For changes go to:
http://www.socialsecurity.gov/pressoffice/factsheets/colafacts2010.htm
Monthly Social Security and Supplemental Security Income (SSI) benefits will not automatically increase in 2010 as there was no increase in the Consumer
Price Index (CPI-W) from the third quarter of 2008 to the third quarter of 2009.
SSDI: SGA (Non-blind) will be $1000.
SGA (Blind) will be $1640 - No change due to no COLA (See above).
TWP will be $720/month.
For changes go to:
http://www.socialsecurity.gov/pressoffice/factsheets/colafacts2010.htm
Obama looks to increase hiring of disabled workers
By Alex M. Parker
aparker@govexec.com
October 9, 2009
The White House and the Office of Personnel Management this week announced hiring initiatives aimed at halting a decline in the representation of disabled
employees in the federal workforce.
President Obama earlier this week said he hoped the government could become a model for other employers.
"Across this country, millions of people with disabilities are working or want to work, and they should have access to the support and services they need
to succeed," Obama said in a statement. "As the nation's largest employer, the federal government and its contractors can lead the way by implementing
effective employment policies and practices that increase opportunities and help workers achieve their full potential."
The White House and the Office of Personnel Management announced they would hold a daylong, governmentwide job fair targeted at people with disabilities,
and would offer federal hiring managers online seminars on attracting and retaining disabled workers.
Obama is not the first president to use the federal government to promote workforce diversity. In 2000, President George W. Bush signed an order calling
for the government to hire 100,000 people with disabilities within the next five years. Despite that order, representation of disabled workers decreased
steadily. The percentage of federal employees with targeted disabilities such as blindness or deafness fell from 1.12 percent in fiscal 1999 to 0.88 percent
in fiscal 2008, according to an
annual report
from the Equal Employment Opportunity Commission.
In fiscal 2008 the Commerce, Transportation and Treasury departments were the only Cabinet-level agencies that experienced an increase in representation
of disabled employees. And only four agencies with more than 500 employees exceeded the government's goal of participation rates higher than 2 percent.
EEOC had the highest participation of employees with targeted disabilities, at nearly 3 percent.
Christine Griffin, acting vice chair of the commission, attributed EEOC's success to attention from top officials. "I think there's been a commitment from
people in leadership positions that this is important to us," she said.
Griffin said Obama's announcement was the first step toward a renewed focus on hiring the disabled. "Ultimately, it doesn't matter what package the person
comes in," Griffin said. "If you've got the skills and qualifications that they need, that's what they want."
As part of the initiative, the White House and OPM will work with the Labor Department's Office of Disability Employment Policy to raise awareness of a
hiring authority that allows agencies to recruit disabled workers noncompetitively under Schedule A, subject to a two-year probationary period. According
to a
March report
from the National Council on Disability, agencies don't use the Schedule A hiring authority enough. Only 326 of the 1,298 people with disabilities who
joined government in fiscal 2006 were hired using Schedule A, the report said.
OPM will hold online training sessions to educate hiring managers on the Schedule A authority beginning in November. "This should be a core objective of
the federal government because it works," said John Berry, director of OPM, in a statement.
aparker@govexec.com
October 9, 2009
The White House and the Office of Personnel Management this week announced hiring initiatives aimed at halting a decline in the representation of disabled
employees in the federal workforce.
President Obama earlier this week said he hoped the government could become a model for other employers.
"Across this country, millions of people with disabilities are working or want to work, and they should have access to the support and services they need
to succeed," Obama said in a statement. "As the nation's largest employer, the federal government and its contractors can lead the way by implementing
effective employment policies and practices that increase opportunities and help workers achieve their full potential."
The White House and the Office of Personnel Management announced they would hold a daylong, governmentwide job fair targeted at people with disabilities,
and would offer federal hiring managers online seminars on attracting and retaining disabled workers.
Obama is not the first president to use the federal government to promote workforce diversity. In 2000, President George W. Bush signed an order calling
for the government to hire 100,000 people with disabilities within the next five years. Despite that order, representation of disabled workers decreased
steadily. The percentage of federal employees with targeted disabilities such as blindness or deafness fell from 1.12 percent in fiscal 1999 to 0.88 percent
in fiscal 2008, according to an
annual report
from the Equal Employment Opportunity Commission.
In fiscal 2008 the Commerce, Transportation and Treasury departments were the only Cabinet-level agencies that experienced an increase in representation
of disabled employees. And only four agencies with more than 500 employees exceeded the government's goal of participation rates higher than 2 percent.
EEOC had the highest participation of employees with targeted disabilities, at nearly 3 percent.
Christine Griffin, acting vice chair of the commission, attributed EEOC's success to attention from top officials. "I think there's been a commitment from
people in leadership positions that this is important to us," she said.
Griffin said Obama's announcement was the first step toward a renewed focus on hiring the disabled. "Ultimately, it doesn't matter what package the person
comes in," Griffin said. "If you've got the skills and qualifications that they need, that's what they want."
As part of the initiative, the White House and OPM will work with the Labor Department's Office of Disability Employment Policy to raise awareness of a
hiring authority that allows agencies to recruit disabled workers noncompetitively under Schedule A, subject to a two-year probationary period. According
to a
March report
from the National Council on Disability, agencies don't use the Schedule A hiring authority enough. Only 326 of the 1,298 people with disabilities who
joined government in fiscal 2006 were hired using Schedule A, the report said.
OPM will hold online training sessions to educate hiring managers on the Schedule A authority beginning in November. "This should be a core objective of
the federal government because it works," said John Berry, director of OPM, in a statement.
Tuesday, October 6, 2009
Disabled Governor “Disses” New Yorkers with Disabilities
FOR IMMEDIATE RELEASE
September 18, 2009
Contact:
Disabled Governor “Disses” New Yorkers with Disabilities
(Albany, NY): New York’s disability community has denounced Governor Paterson’s recent veto of two critical pieces of civil rights legislation. Both bills, passed by a vast majority in both houses of the state legislature, would simply require state law to conform with existing federal requirements under the Americans with Disabilities Act (ADA). Outraged disability advocates are calling on the state legislature to override the governor’s vetoes to ensure the civil rights of people with disabilities in New York are upheld.
One bill, A. 584 (Cahill)/S.1058 (Addabbo), would require all polling sites to comply with the accessibility guidelines of the ADA. Across the state, polling sites are rife with ADA violations disenfranchising people with disabilities in their right to accessible voting. The new law will update state election law to be consistent with long-existing federal requirements, eliminate outdated waiver language, provide clear instructions for compliance, and finally create a means for oversight and enforcement in the state. Inaccessible sites can either be moved, consolidated, or modified using pre-existing state and federal HAVA funds for costs incurred.
In his veto message regarding the polling site access bill, the Governor asserts, “The time frame that would be imposed by this bill is simply too onerous. It is not possible …that it be achieved in the period contemplated by the legislation…” His rationalization is ridiculous in the face of long-established legislation still in the process of being implemented. The purpose of the 36 year-old Rehabilitation Act (1973) is to “empower individuals with disabilities to maximize…independence, and inclusion and integration into society, through the guarantee of equal opportunity.” Title II of the ADA (1990) itself almost twenty years old, also “requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities” including voting. “Neither law is flawlessly and thoroughly adhered to; it has taken years of committed effort to see them recognized let alone implemented,” said NAME, ORGANIZATION. “The ADA lacks weight here in New York because our state laws do not adequately reflect the federal mandates. Saying there isn’t enough time is preposterous. Claiming fiscal constraints as an additional reason to veto is absurd when right now in the state’s coffers are several million dollars in HAVA funds specifically reserved for making polling sites accessible. Time is relative and money is available. The Governor’s veto makes no sense.”
The other bill vetoed, A.781-B (Paulin)/S.5396 (Huntley), adds federal ADA Title II language into state statute, clarifying the obligations of government officials and strengthening the civil rights protections for people with disabilities. Title II of the ADA protects people with disabilities from discrimination on the basis of disability in services provided by public entities, including state and local governments. In the proposed bill, public entities would be required under state law to make reasonable accommodations—the same accommodations already required by federal law—and individuals with disabilities would gain critical access to the administrative enforcement mechanisms through the State Division of Human Rights. This bill imposes no new or additional requirements upon local governments or businesses. Governor Paterson’s opposition to this bill rest on definitions that do or do not appear in the legislation’s text and he fears a possible “broader interpretation” might expose the State to lawsuits.
“In effect,” said NAME, ORGANIZATION, “Governor Paterson is reminding New Yorkers with disabilities they will remain disenfranchised, marginalized and discriminated against.”
September 18, 2009
Contact:
Disabled Governor “Disses” New Yorkers with Disabilities
(Albany, NY): New York’s disability community has denounced Governor Paterson’s recent veto of two critical pieces of civil rights legislation. Both bills, passed by a vast majority in both houses of the state legislature, would simply require state law to conform with existing federal requirements under the Americans with Disabilities Act (ADA). Outraged disability advocates are calling on the state legislature to override the governor’s vetoes to ensure the civil rights of people with disabilities in New York are upheld.
One bill, A. 584 (Cahill)/S.1058 (Addabbo), would require all polling sites to comply with the accessibility guidelines of the ADA. Across the state, polling sites are rife with ADA violations disenfranchising people with disabilities in their right to accessible voting. The new law will update state election law to be consistent with long-existing federal requirements, eliminate outdated waiver language, provide clear instructions for compliance, and finally create a means for oversight and enforcement in the state. Inaccessible sites can either be moved, consolidated, or modified using pre-existing state and federal HAVA funds for costs incurred.
In his veto message regarding the polling site access bill, the Governor asserts, “The time frame that would be imposed by this bill is simply too onerous. It is not possible …that it be achieved in the period contemplated by the legislation…” His rationalization is ridiculous in the face of long-established legislation still in the process of being implemented. The purpose of the 36 year-old Rehabilitation Act (1973) is to “empower individuals with disabilities to maximize…independence, and inclusion and integration into society, through the guarantee of equal opportunity.” Title II of the ADA (1990) itself almost twenty years old, also “requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities” including voting. “Neither law is flawlessly and thoroughly adhered to; it has taken years of committed effort to see them recognized let alone implemented,” said NAME, ORGANIZATION. “The ADA lacks weight here in New York because our state laws do not adequately reflect the federal mandates. Saying there isn’t enough time is preposterous. Claiming fiscal constraints as an additional reason to veto is absurd when right now in the state’s coffers are several million dollars in HAVA funds specifically reserved for making polling sites accessible. Time is relative and money is available. The Governor’s veto makes no sense.”
The other bill vetoed, A.781-B (Paulin)/S.5396 (Huntley), adds federal ADA Title II language into state statute, clarifying the obligations of government officials and strengthening the civil rights protections for people with disabilities. Title II of the ADA protects people with disabilities from discrimination on the basis of disability in services provided by public entities, including state and local governments. In the proposed bill, public entities would be required under state law to make reasonable accommodations—the same accommodations already required by federal law—and individuals with disabilities would gain critical access to the administrative enforcement mechanisms through the State Division of Human Rights. This bill imposes no new or additional requirements upon local governments or businesses. Governor Paterson’s opposition to this bill rest on definitions that do or do not appear in the legislation’s text and he fears a possible “broader interpretation” might expose the State to lawsuits.
“In effect,” said NAME, ORGANIZATION, “Governor Paterson is reminding New Yorkers with disabilities they will remain disenfranchised, marginalized and discriminated against.”
Monday, August 24, 2009
The Legislative Lookout
Issue 4
July 2009
Published and distributed by the Catskill Center for Independence, “The Legislative Lookout” is a newsletter devoted to improving the quality of life for individuals with disabilities by taking action to achieve a barrier free, fully inclusive society.
The vehicle used to accomplish this goal is the Statewide Systems Advocacy Network (SSAN). This newsletter is designed to keep you informed about the goals, actions and accomplishments of the SSAN. It also provides ideas and avenues for interested citizens like you to get involved.
A Message from Your Systems Advocate
Welcome to the fourth issue of “The Legislative Lookout,” where an open invitation is always extended to anyone interested in becoming involved in the Statewide Systems Advocacy Network (SSAN). This newsletter is designed to introduce readers to the numerous barriers confronting persons with disabilities and point out the variety of ways individuals can participate in order to bring about positive change in their community, their family, and even improve their own quality of life.
The difference our advocacy network makes is that people don’t work alone, but work in concert with many others. To this end, we as advocates at CCFI have developed a blog to complement this newsletter and promote discussion and inform everyone about the goals, actions and accomplishments of the SSAN.
Although it is the NYAIL Disability Priority Agenda which drives the overall direction the blog will take, we also encourage participants to post disability related information as an FYI to all interested readers.
The blog is a work in progress, so feel free to make comment directly to me here at CCFI at: creichardt@ccfi.us or better yet by posting to the blog at:
http://www.ssan-network.blogspot.com
Charlie Reichardt
Systems Advocate
Catskill Center for Independence
Now and Later…
2009 is already being acknowledged as a year of dramatic and sweeping change in so many areas of our lives and of society as we know it, but what change is in store for people with disabilities?
Now that the Presidential election and inauguration are behind us and President Obama has gone well past his first 100 days in office, it's time to really get to know just who it is that has been elected. Where does our current administration stand on issues that pertain to you as a person with a disability? Is positive change to the disability community being planned? To help answer these questions we are devoting the lead article of this issue of the Lookout to examining just what President Obama and the current administration have promised for people with disabilities.
In subsequent articles the Lookout will present the latest information on voter accessibility and illustrate the successes of the Statewide Systems Advocacy network as they relate to the items on the NYAIL Disability Priority Agenda.
As you read on though, remember, the Center is always on the “lookout” for new advocates interested in getting involved in the community by becoming an SSAN volunteer. No previous experience is necessary, just a desire to be part of an exciting team working together to create a barrier free environment for all New Yorkers.
So if you haven’t already done so, join today. Tell your family and friends about the SSAN and then get ready and let your voice be heard!
You’ll be glad you did!
In the News
“In the News” is a regular section of “The Legislative Lookout” and will provide information about hot disability related topics. An “In the News” companion section on the Center’s web site (www.ccfi.us) has several recent news articles, letters to the editor, and other documents dealing with a variety of disability related issues.
Is Change In The Wind For People With Disabilities?
Just as he promised, President Obama and his administration have very ambitiously gotten down to the business of running the country by introducing sweeping and unprecedented change, but what could these and other proposed changes mean for people with disabilities? The following is a compilation of a few important issues that President Obama discussed over the course of his campaign.
Research Funding
The National Institute for Health's (NIH) budget has been under-funded since 2003. President Obama has stated he intends to increase funding for NIH so that the United States can adequately conduct research that will lead to medical breakthroughs in all fields.
Increasing Employment Rates
Employment rates among people with disabilities are substantially lower than those without disabilities. The same holds true regarding compensation, with people having disabilities making significantly less money than people without a disability. President Obama plans to increase employment rates of people with disabilities by issuing an executive order that mandates the hiring of an additional 100,000 federal employees with disabilities over the next five years. He also plans to enforce Section 503 of the Rehabilitation Act that requires employers who are federal contractors to take affirmative action to employ and advance in employment qualified individuals with disabilities.
President Obama also plans to expand business opportunity for people with disabilities by amending regulations under the Small Business Act that provide preference in federal contacting to small businesses owned by members of socially and economically disadvantaged groups to include individuals with disabilities.
Federal Disability Laws
Recent court rulings restricted the definition of "disability" and impacted many people with chronic conditions, including diabetes. Such rulings ran counter to the goals of the Americans with Disabilities Act (ADA) and in September 2008 Congress passed the ADA Restoration Act which expanded the definition of workplace accommodations and the definition of "disability". As a Senator, President Obama voted in favor of this act and has said that he will be in favor of similar methods that strengthen and protect the rights of people with disabilities.
Voting rights for people with disabilities
The Help America Vote Act (HAVA) was designed to expand voting accessibility, but unfortunately as we New Yorker’s well know, that it has not been fully implemented. President Obama intends to fully fund this act that will allow voters with disabilities the opportunity to cast their vote privately and independently.
Pending Legislation
The following are two important, pending pieces of legislation in the Senate supported by President Obama that impact people with a disability:
Community Choice Act
President Obama and Vice President Biden are both co-sponsors of the Community Choice Act, which allows people with significant disabilities the choice of living in their community, rather than having to live in a nursing home or other institution. This legislation seeks to expand direct care services and would provide people with disabilities greater access to quality in-home care.
Individuals with Disabilities Education Act
As a candidate, President Obama supported the Individuals with Disabilities Education Act (IDEA) as it provides important federal funding to states for the education of children with disabilities. The federal government has long provided each state with 40% of the states "excess cost" of educating children with disabilities. Recent federal funding levels have been less than the required 40% and have left the education of children with disabilities insufficiently funded. This additional funding will provide every student with a disability access to a public education and allow parents to focus on their children, rather than arguing with school districts to make sure that their child is getting the education they are entitled.
President Obama has also vowed to invest $10 billion per year in early intervention programs for children between zero and five. Increasing funding will provide greater access to important programs for children with disabilities to ensure that they do not fall behind their peers.
These are just a few of the important policy proposals and legislation supported by President Obama. Current economic conditions and other factors will certainly determine both the speed to which the aforementioned policies are implemented and, ultimately, whether pursued at all. Only time will tell…
For a more detailed account on any of these proposals, you can visit President Obama's website, at:
http://origin.barackobama.com/issues/disabilities/
Advocates Converge on State Capital
On Tuesday March 17th 2009, approximately 100 advocates from independent living centers all across the state converged on the Capitol Building in Albany, New York, to participate in letting the legislature and governor become more aware of us as individuals with disabilities. We also reminded them to make long term care and community integration priorities in the 2009-10 state budget and state disability policies.
Our message was to make sure state funding and disability policy supports living and/ or receiving services in the most integrated setting. Here are our main points:
1. As consumer directed care saves the state money, there should be no cuts to personal or home care. The long term care related proposals in the governor’s budget are unacceptable.
2. As ILCs save the state dollars, funding cuts should be restored to ILCs.
3. No cuts to SSI benefits – period!
We donned our highly visible T- shirts, carried our signs and chanted several meaningful slogans while key members of our group met with government officials. Apparently we were quite effective, for we were soon addressed by an official from the Governor’s office and a state Senator, and were told that our message was heard loud and clear. As one might expect, we were given no guarantees then, but if you keep reading you will see that our message did get out and proved to be effective.
Talking Voter Access in Albany
By Helen Benlisa, Project HAVA Coordinator
In February, a small band of intrepid voter access advocates visited lawmakers in Albany to discuss needed improvements in overall access to the electoral process for voters with disabilities. Among the points discussed were the need for stronger statewide oversight for polling site accessibility compliance, stepped up training for poll worker s to include disability awareness and basic accessibility standards, and some ways to for voters to request alternative accessible formats and accommodations at their polling sites with an updated voter registration form.
The group, comprised of Rima McCoy, Voting Rights Coordinator from the Center for Independence of the Disabled – New York (CIDNY), Frank Pennisi, ADA Specialist and Accessibility Services Director from Southern Tier Independence Center (STIC), and Helen Benlisa, Project HAVA Coordinator from the Catskill Center for Independence (CCFI). The first stop for all three advocates was Senator Addabbo’s office to meet with key staff. As the newly-minted Senator has been appointed chair of the Election Law Committee, it is imperative the Senator’s office be educated about the voting access needs of nearly 3 million New Yorkers.
The next stop was Assemblyman Cahill’s office, where the group met with one of the Assemblyman’s Legislative Aides. Although Assemblyman Cahill is not currently on the Assembly Election Law Committee, he has long been a proponent of voter access issues for the disability community; the meeting was a chance to thank him for his support and ask him to encourage other legislators in making true voter accesses a reality. Unfortunately, the group did not get a chance to meet with the chair of the Assembly Election Law Committee, Reuben Diaz, Jr. As he is new to his post as Chair of the committee, the advocates hope to have an opportunity in the future to educate him about New York’s voter access needs.
Good News
Recently, the Senate passed over 200 bills, including two from our 2009 Disability Priority Agenda!
S.5396 (Huntley) Incorporating Title II of ADA into NYS Human Rights Law Title II provides protections against discrimination on the basis of disability in services provided by public entities, including state and local governments. This bill clarifies the scope of protections against discrimination on the basis of disability by these entities, including in the provision of services, programs and activities. The Assembly version of this bill, A.781-B (Paulin) passed the Assembly on May 11th as part of the Disability Awareness Day package.
S.1058 (Addabbo) – Polling Site Access Bill This will require all polling sites to comply with the accessibility guidelines of the ADA. It also eliminates the practice of granting waivers for inaccessible sites. The Assembly version of this bill, A. 584 (Cahill), also passed the Assembly on May 11th as part of the Disability Awareness Day package.
Also of importance to you and the SSAN network is the legislation to make Timothy's Law permanent. S.5672/ A.8611 passed the Senate on July 10th and was signed into law by Governor Paterson. Timothy's Law mandates private insurance parity for mental health services and is a major victory for the mental health community!
Special thanks goes to the NYAIL Subcommittees the SSAN and you for your hard work and your endless calls, letters, faxes and emails which helped to pass these bills.
If you would like any additional information regarding the content of this newsletter or about the Statewide Systems Advocacy Network contact:
Charles Reichardt
Systems Advocate
Catskill Center for Independence
607.432.8000 or ccfi@ccfi.us or visit our website at: www.ccfi.us
Issue 4
July 2009
Published and distributed by the Catskill Center for Independence, “The Legislative Lookout” is a newsletter devoted to improving the quality of life for individuals with disabilities by taking action to achieve a barrier free, fully inclusive society.
The vehicle used to accomplish this goal is the Statewide Systems Advocacy Network (SSAN). This newsletter is designed to keep you informed about the goals, actions and accomplishments of the SSAN. It also provides ideas and avenues for interested citizens like you to get involved.
A Message from Your Systems Advocate
Welcome to the fourth issue of “The Legislative Lookout,” where an open invitation is always extended to anyone interested in becoming involved in the Statewide Systems Advocacy Network (SSAN). This newsletter is designed to introduce readers to the numerous barriers confronting persons with disabilities and point out the variety of ways individuals can participate in order to bring about positive change in their community, their family, and even improve their own quality of life.
The difference our advocacy network makes is that people don’t work alone, but work in concert with many others. To this end, we as advocates at CCFI have developed a blog to complement this newsletter and promote discussion and inform everyone about the goals, actions and accomplishments of the SSAN.
Although it is the NYAIL Disability Priority Agenda which drives the overall direction the blog will take, we also encourage participants to post disability related information as an FYI to all interested readers.
The blog is a work in progress, so feel free to make comment directly to me here at CCFI at: creichardt@ccfi.us or better yet by posting to the blog at:
http://www.ssan-network.blogspot.com
Charlie Reichardt
Systems Advocate
Catskill Center for Independence
Now and Later…
2009 is already being acknowledged as a year of dramatic and sweeping change in so many areas of our lives and of society as we know it, but what change is in store for people with disabilities?
Now that the Presidential election and inauguration are behind us and President Obama has gone well past his first 100 days in office, it's time to really get to know just who it is that has been elected. Where does our current administration stand on issues that pertain to you as a person with a disability? Is positive change to the disability community being planned? To help answer these questions we are devoting the lead article of this issue of the Lookout to examining just what President Obama and the current administration have promised for people with disabilities.
In subsequent articles the Lookout will present the latest information on voter accessibility and illustrate the successes of the Statewide Systems Advocacy network as they relate to the items on the NYAIL Disability Priority Agenda.
As you read on though, remember, the Center is always on the “lookout” for new advocates interested in getting involved in the community by becoming an SSAN volunteer. No previous experience is necessary, just a desire to be part of an exciting team working together to create a barrier free environment for all New Yorkers.
So if you haven’t already done so, join today. Tell your family and friends about the SSAN and then get ready and let your voice be heard!
You’ll be glad you did!
In the News
“In the News” is a regular section of “The Legislative Lookout” and will provide information about hot disability related topics. An “In the News” companion section on the Center’s web site (www.ccfi.us) has several recent news articles, letters to the editor, and other documents dealing with a variety of disability related issues.
Is Change In The Wind For People With Disabilities?
Just as he promised, President Obama and his administration have very ambitiously gotten down to the business of running the country by introducing sweeping and unprecedented change, but what could these and other proposed changes mean for people with disabilities? The following is a compilation of a few important issues that President Obama discussed over the course of his campaign.
Research Funding
The National Institute for Health's (NIH) budget has been under-funded since 2003. President Obama has stated he intends to increase funding for NIH so that the United States can adequately conduct research that will lead to medical breakthroughs in all fields.
Increasing Employment Rates
Employment rates among people with disabilities are substantially lower than those without disabilities. The same holds true regarding compensation, with people having disabilities making significantly less money than people without a disability. President Obama plans to increase employment rates of people with disabilities by issuing an executive order that mandates the hiring of an additional 100,000 federal employees with disabilities over the next five years. He also plans to enforce Section 503 of the Rehabilitation Act that requires employers who are federal contractors to take affirmative action to employ and advance in employment qualified individuals with disabilities.
President Obama also plans to expand business opportunity for people with disabilities by amending regulations under the Small Business Act that provide preference in federal contacting to small businesses owned by members of socially and economically disadvantaged groups to include individuals with disabilities.
Federal Disability Laws
Recent court rulings restricted the definition of "disability" and impacted many people with chronic conditions, including diabetes. Such rulings ran counter to the goals of the Americans with Disabilities Act (ADA) and in September 2008 Congress passed the ADA Restoration Act which expanded the definition of workplace accommodations and the definition of "disability". As a Senator, President Obama voted in favor of this act and has said that he will be in favor of similar methods that strengthen and protect the rights of people with disabilities.
Voting rights for people with disabilities
The Help America Vote Act (HAVA) was designed to expand voting accessibility, but unfortunately as we New Yorker’s well know, that it has not been fully implemented. President Obama intends to fully fund this act that will allow voters with disabilities the opportunity to cast their vote privately and independently.
Pending Legislation
The following are two important, pending pieces of legislation in the Senate supported by President Obama that impact people with a disability:
Community Choice Act
President Obama and Vice President Biden are both co-sponsors of the Community Choice Act, which allows people with significant disabilities the choice of living in their community, rather than having to live in a nursing home or other institution. This legislation seeks to expand direct care services and would provide people with disabilities greater access to quality in-home care.
Individuals with Disabilities Education Act
As a candidate, President Obama supported the Individuals with Disabilities Education Act (IDEA) as it provides important federal funding to states for the education of children with disabilities. The federal government has long provided each state with 40% of the states "excess cost" of educating children with disabilities. Recent federal funding levels have been less than the required 40% and have left the education of children with disabilities insufficiently funded. This additional funding will provide every student with a disability access to a public education and allow parents to focus on their children, rather than arguing with school districts to make sure that their child is getting the education they are entitled.
President Obama has also vowed to invest $10 billion per year in early intervention programs for children between zero and five. Increasing funding will provide greater access to important programs for children with disabilities to ensure that they do not fall behind their peers.
These are just a few of the important policy proposals and legislation supported by President Obama. Current economic conditions and other factors will certainly determine both the speed to which the aforementioned policies are implemented and, ultimately, whether pursued at all. Only time will tell…
For a more detailed account on any of these proposals, you can visit President Obama's website, at:
http://origin.barackobama.com/issues/disabilities/
Advocates Converge on State Capital
On Tuesday March 17th 2009, approximately 100 advocates from independent living centers all across the state converged on the Capitol Building in Albany, New York, to participate in letting the legislature and governor become more aware of us as individuals with disabilities. We also reminded them to make long term care and community integration priorities in the 2009-10 state budget and state disability policies.
Our message was to make sure state funding and disability policy supports living and/ or receiving services in the most integrated setting. Here are our main points:
1. As consumer directed care saves the state money, there should be no cuts to personal or home care. The long term care related proposals in the governor’s budget are unacceptable.
2. As ILCs save the state dollars, funding cuts should be restored to ILCs.
3. No cuts to SSI benefits – period!
We donned our highly visible T- shirts, carried our signs and chanted several meaningful slogans while key members of our group met with government officials. Apparently we were quite effective, for we were soon addressed by an official from the Governor’s office and a state Senator, and were told that our message was heard loud and clear. As one might expect, we were given no guarantees then, but if you keep reading you will see that our message did get out and proved to be effective.
Talking Voter Access in Albany
By Helen Benlisa, Project HAVA Coordinator
In February, a small band of intrepid voter access advocates visited lawmakers in Albany to discuss needed improvements in overall access to the electoral process for voters with disabilities. Among the points discussed were the need for stronger statewide oversight for polling site accessibility compliance, stepped up training for poll worker s to include disability awareness and basic accessibility standards, and some ways to for voters to request alternative accessible formats and accommodations at their polling sites with an updated voter registration form.
The group, comprised of Rima McCoy, Voting Rights Coordinator from the Center for Independence of the Disabled – New York (CIDNY), Frank Pennisi, ADA Specialist and Accessibility Services Director from Southern Tier Independence Center (STIC), and Helen Benlisa, Project HAVA Coordinator from the Catskill Center for Independence (CCFI). The first stop for all three advocates was Senator Addabbo’s office to meet with key staff. As the newly-minted Senator has been appointed chair of the Election Law Committee, it is imperative the Senator’s office be educated about the voting access needs of nearly 3 million New Yorkers.
The next stop was Assemblyman Cahill’s office, where the group met with one of the Assemblyman’s Legislative Aides. Although Assemblyman Cahill is not currently on the Assembly Election Law Committee, he has long been a proponent of voter access issues for the disability community; the meeting was a chance to thank him for his support and ask him to encourage other legislators in making true voter accesses a reality. Unfortunately, the group did not get a chance to meet with the chair of the Assembly Election Law Committee, Reuben Diaz, Jr. As he is new to his post as Chair of the committee, the advocates hope to have an opportunity in the future to educate him about New York’s voter access needs.
Good News
Recently, the Senate passed over 200 bills, including two from our 2009 Disability Priority Agenda!
S.5396 (Huntley) Incorporating Title II of ADA into NYS Human Rights Law Title II provides protections against discrimination on the basis of disability in services provided by public entities, including state and local governments. This bill clarifies the scope of protections against discrimination on the basis of disability by these entities, including in the provision of services, programs and activities. The Assembly version of this bill, A.781-B (Paulin) passed the Assembly on May 11th as part of the Disability Awareness Day package.
S.1058 (Addabbo) – Polling Site Access Bill This will require all polling sites to comply with the accessibility guidelines of the ADA. It also eliminates the practice of granting waivers for inaccessible sites. The Assembly version of this bill, A. 584 (Cahill), also passed the Assembly on May 11th as part of the Disability Awareness Day package.
Also of importance to you and the SSAN network is the legislation to make Timothy's Law permanent. S.5672/ A.8611 passed the Senate on July 10th and was signed into law by Governor Paterson. Timothy's Law mandates private insurance parity for mental health services and is a major victory for the mental health community!
Special thanks goes to the NYAIL Subcommittees the SSAN and you for your hard work and your endless calls, letters, faxes and emails which helped to pass these bills.
If you would like any additional information regarding the content of this newsletter or about the Statewide Systems Advocacy Network contact:
Charles Reichardt
Systems Advocate
Catskill Center for Independence
607.432.8000 or ccfi@ccfi.us or visit our website at: www.ccfi.us
Tuesday, July 28, 2009
MindFreedom International Thanks President Obama for Support of UN Treaty on Disability and Human Rights
24 July 2009 --
http://www.mindfreedom.org
MINDFREEDOM INTERNATIONAL NEWS RELEASE:
MindFreedom International Thanks President Obama for Support of UN Treaty on Disability and Human Rights
President Obama marked the 19th anniversary of the Americans with Disabilities Act by instructing UN Ambassador Susan Rice to sign an historic United Nations
"convention" or treaty next week on disability and human rights, joining 140 other nations.
"It's the first new human rights convention of the 21st century,"
Obama said at in the White House East Room.
MindFreedom International -- uniting a broad constituency of mental health consumers, psychiatric survivors, mental health professionals, advocates and
others concerned with fighting for human rights in the mental health system -- praised President Barack Obama's announcement about signing the UN International
Convention on the Rights of Persons with Disabilities (CRPD).
Celia Brown, MFI Board president, led a team of MindFreedom members inside the United Nations during years of meetings to create the treaty. Celia has been
widely praised by cross-disability leaders for her warm and inclusive community-building at the UN.
Said Celia, "We appreciate that the President is fulfilling the commitment he made to the Convention during his campaign. His leadership indicates that
human rights can be a cornerstone for people with disabilities in the United States and around the world.
"The Convention on the Rights of Persons with Disabilities represents a paradigm shift of understanding disability from a medical model to a social model.
The CRPD recognizes the key principles of non- discrimination, freedom to make one's own decisions, and to have the opportunity to be actively involved
in policies that effect our lives."
The MindFreedom International UN Team participated in UN meetings with a diverse alliance of leaders from disability organizations including the International
Disability Caucus (now the International Disability Alliance), CRPD Forum and World Network of Users and Survivors of Psychiatry.
MindFreedom International was instrumental in conducting workshops during the UN convention negotiations to educate people with disabilities and governments
on the perspectives of human rights of users/survivors of psychiatry.
David Oaks, Director of MindFreedom International, and a board member of the United States International Council on Disability (USICD), said, "We look forward
to the Senate reviewing the treaty for ratification as a significant step to winning human rights for the 650 million people in the worldwide disability
community."
Judy Heumann, former Clinton Administration appointee, board member of USICD, and participant in the negotiations to draft the treaty, said, "This treaty
reflects the unique insights of disabled people from around the world. The participation of disabled people in decision- making about policies affecting
our lives is changing the way we are regarded in our communities and by our governments,"
Susan Rice, the United States State Ambassador to the UN, will officially sign the Convention on the Rights of Persons wih Disabilities on July 30, 2009
at the UN Headquarters on July 30, 2009 in New York City.
For further information, please contact :
office@mindfreedom.org
or Celia Brown at
Cksean@aol.com
http://www.mindfreedom.org
MINDFREEDOM INTERNATIONAL NEWS RELEASE:
MindFreedom International Thanks President Obama for Support of UN Treaty on Disability and Human Rights
President Obama marked the 19th anniversary of the Americans with Disabilities Act by instructing UN Ambassador Susan Rice to sign an historic United Nations
"convention" or treaty next week on disability and human rights, joining 140 other nations.
"It's the first new human rights convention of the 21st century,"
Obama said at in the White House East Room.
MindFreedom International -- uniting a broad constituency of mental health consumers, psychiatric survivors, mental health professionals, advocates and
others concerned with fighting for human rights in the mental health system -- praised President Barack Obama's announcement about signing the UN International
Convention on the Rights of Persons with Disabilities (CRPD).
Celia Brown, MFI Board president, led a team of MindFreedom members inside the United Nations during years of meetings to create the treaty. Celia has been
widely praised by cross-disability leaders for her warm and inclusive community-building at the UN.
Said Celia, "We appreciate that the President is fulfilling the commitment he made to the Convention during his campaign. His leadership indicates that
human rights can be a cornerstone for people with disabilities in the United States and around the world.
"The Convention on the Rights of Persons with Disabilities represents a paradigm shift of understanding disability from a medical model to a social model.
The CRPD recognizes the key principles of non- discrimination, freedom to make one's own decisions, and to have the opportunity to be actively involved
in policies that effect our lives."
The MindFreedom International UN Team participated in UN meetings with a diverse alliance of leaders from disability organizations including the International
Disability Caucus (now the International Disability Alliance), CRPD Forum and World Network of Users and Survivors of Psychiatry.
MindFreedom International was instrumental in conducting workshops during the UN convention negotiations to educate people with disabilities and governments
on the perspectives of human rights of users/survivors of psychiatry.
David Oaks, Director of MindFreedom International, and a board member of the United States International Council on Disability (USICD), said, "We look forward
to the Senate reviewing the treaty for ratification as a significant step to winning human rights for the 650 million people in the worldwide disability
community."
Judy Heumann, former Clinton Administration appointee, board member of USICD, and participant in the negotiations to draft the treaty, said, "This treaty
reflects the unique insights of disabled people from around the world. The participation of disabled people in decision- making about policies affecting
our lives is changing the way we are regarded in our communities and by our governments,"
Susan Rice, the United States State Ambassador to the UN, will officially sign the Convention on the Rights of Persons wih Disabilities on July 30, 2009
at the UN Headquarters on July 30, 2009 in New York City.
For further information, please contact :
office@mindfreedom.org
or Celia Brown at
Cksean@aol.com
Monday, July 20, 2009
GOOD NEWS!We’ve got some good news. The Senate was back in session last week and passed over 200 bills, including two from our 2009 Disability Priori
We’ve got some good news. The Senate was back in session last week and passed over 200 bills, including two from our 2009 Disability Priority Agenda!
S.5396 (Huntley) Incorporate Title II of ADA into NYS Human Rights Law
Title II provides protections against discrimination on the basis of disability in services provided by public entities, including state and local governments.
This bill clarifies the scope of protections against discrimination on the basis of disability by these entities, including in the provision of services,
programs and activities. The Assembly version of this bill, A.781-B (Paulin) passed the Assembly on May 11th as part of the Disability Awareness Day package.
S.1058 (Addabbo) – Poll Site Access Bill will require all poll sites to comply with the accessibility guidelines of the ADA. It also eliminates the practice
of granting waivers for inaccessible sites. The Assembly version of this bill, A. 584 (Cahill), also passed the Assembly on May 11th as part of the Disability
Awareness Day package.
Also of importance to the network, the legislation to make Timothy's Law permanent, S.5672/ A.8611, passed the Senate on July 10th and was signed into law
by Governor Paterson. This law mandates private insurance parity for mental health services and is a major victory for the mental health community!
Special thanks to the NYAIL Subcommittees for their hard work in pushing these bills through, and to the entire network for your endless calls, letters,
faxes and emails! We’ll keep you posted as more unfolds in Albany.
S.5396 (Huntley) Incorporate Title II of ADA into NYS Human Rights Law
Title II provides protections against discrimination on the basis of disability in services provided by public entities, including state and local governments.
This bill clarifies the scope of protections against discrimination on the basis of disability by these entities, including in the provision of services,
programs and activities. The Assembly version of this bill, A.781-B (Paulin) passed the Assembly on May 11th as part of the Disability Awareness Day package.
S.1058 (Addabbo) – Poll Site Access Bill will require all poll sites to comply with the accessibility guidelines of the ADA. It also eliminates the practice
of granting waivers for inaccessible sites. The Assembly version of this bill, A. 584 (Cahill), also passed the Assembly on May 11th as part of the Disability
Awareness Day package.
Also of importance to the network, the legislation to make Timothy's Law permanent, S.5672/ A.8611, passed the Senate on July 10th and was signed into law
by Governor Paterson. This law mandates private insurance parity for mental health services and is a major victory for the mental health community!
Special thanks to the NYAIL Subcommittees for their hard work in pushing these bills through, and to the entire network for your endless calls, letters,
faxes and emails! We’ll keep you posted as more unfolds in Albany.
Tuesday, July 14, 2009
Obama Backss Helping Hands For Long-Term Care
Obama Backs Helping Hand For Long-Term Care
by
Joseph Shapiro
All Things Considered,
July 7, 2009 · Until recently, it looked like long-term care was not going to be a serious part of any potential health care overhaul. But that changed
when the Obama administration this week endorsed a new government social insurance program that would help people put aside money to pay for the high costs
of going to a nursing home, assisted living or getting services needed to live at home as they age.
As the Senate Health, Education, Labor and Pensions (HELP) Committee marked up the long-term care part of a health care change bill Tuesday, Health and
Humans Services Secretary Kathleen Sebelius sent a letter to committee Chairman Ted Kennedy with an endorsement. She signaled the Obama administration's
support for something called the Community Living Assistance Services and Supports Act (CLASS Act).
That legislation, which is part of the committee's health bill, would let workers choose to have government deduct money from their paychecks — maybe $65
to $100 a month — and put it in a savings account. When they get old or disabled and need care, they could then use that money.
President Obama, the health secretary wrote to Kennedy, a key author of the long-term care provision, "believes it is appropriate to include the CLASS Act
as part of health reform because enactment of this important legislation would expand resources available to individuals and families to purchase long-term
services and supports to enable them to remain in their own homes in the community. The CLASS Act is an innovative voluntary program that will provide
important benefits to people who need them."
Supporting Long-Term Care Could Mean Long-Term Savings
But just days ago, the conventional wisdom in Washington was that long-term care was too expensive.
That changed when a Congressional Budget Office analysis said the CLASS Act would actually save money: Because if people delayed going into a nursing home
or got home care that kept them out of the hospital, there would be a net savings for government.
The projected savings of $58 billion over 10 years, proponents said, could then help pay for expensive health care expansion.
Larry Minnix, of the American Association of Homes and Services for the Aging, the trade group for not-for-profit providers of care to the elderly and disabled,
says the Sebelius letter is a big step. "It recognizes for the first time that insuring for the need for long-term services and supports is a vital part
of health care reform. Seventy percent of American families will face some kind of disabling situation, and we're not insured for it."
Some Question Savings, Inclusiveness
But Republicans said adding long-term care would create a costly new program for years to come. Sen. Mike Enzi of Wyoming questioned the CBO's analysis.
He says the real costs would come later. "Only in Washington could someone develop a policy that costs the taxpayers $2 trillion and call that a savings,
and then use it to pay for more federal spending," he said during the hearing Tuesday.
Another Republican, Judd Gregg of New Hampshire, added an amendment that would require that the secretary of health and human services determine the monthly
premium based on an actuarial analysis of what it would take to keep the program solvent over 75 years. The original legislation says the monthly premium
would average $65 a month. But the CBO estimates that, even over the first 10 years of the program, a more realistic number might be $100.
It wasn't just Republicans who voiced skepticism. Some groups that represent people with disabilities are also angry. Bob Kafka, of the disability civil
rights group ADAPT, said not enough is done for poor people who can't afford to have the money deducted from their weekly paychecks — or who, because of
their illness or disability, may not be able to work at all. "Secretary Sebelius' letter adds insult to injury," said Kafka. "This administration has totally
said to low income people with disabilities, 'You do not count.' "
Kafka's group endorsed the CLASS Act but wants it paired with passage of another bill called the Community Choice Act. That would allow people who get long-term
care services through Medicaid to use that money for help to stay at home. Now, the only thing they are guaranteed is that Medicaid will pay for them to
live in a nursing home — and home services are limited, require being on yearlong waiting lists, or are unavailable.
by
Joseph Shapiro
All Things Considered,
July 7, 2009 · Until recently, it looked like long-term care was not going to be a serious part of any potential health care overhaul. But that changed
when the Obama administration this week endorsed a new government social insurance program that would help people put aside money to pay for the high costs
of going to a nursing home, assisted living or getting services needed to live at home as they age.
As the Senate Health, Education, Labor and Pensions (HELP) Committee marked up the long-term care part of a health care change bill Tuesday, Health and
Humans Services Secretary Kathleen Sebelius sent a letter to committee Chairman Ted Kennedy with an endorsement. She signaled the Obama administration's
support for something called the Community Living Assistance Services and Supports Act (CLASS Act).
That legislation, which is part of the committee's health bill, would let workers choose to have government deduct money from their paychecks — maybe $65
to $100 a month — and put it in a savings account. When they get old or disabled and need care, they could then use that money.
President Obama, the health secretary wrote to Kennedy, a key author of the long-term care provision, "believes it is appropriate to include the CLASS Act
as part of health reform because enactment of this important legislation would expand resources available to individuals and families to purchase long-term
services and supports to enable them to remain in their own homes in the community. The CLASS Act is an innovative voluntary program that will provide
important benefits to people who need them."
Supporting Long-Term Care Could Mean Long-Term Savings
But just days ago, the conventional wisdom in Washington was that long-term care was too expensive.
That changed when a Congressional Budget Office analysis said the CLASS Act would actually save money: Because if people delayed going into a nursing home
or got home care that kept them out of the hospital, there would be a net savings for government.
The projected savings of $58 billion over 10 years, proponents said, could then help pay for expensive health care expansion.
Larry Minnix, of the American Association of Homes and Services for the Aging, the trade group for not-for-profit providers of care to the elderly and disabled,
says the Sebelius letter is a big step. "It recognizes for the first time that insuring for the need for long-term services and supports is a vital part
of health care reform. Seventy percent of American families will face some kind of disabling situation, and we're not insured for it."
Some Question Savings, Inclusiveness
But Republicans said adding long-term care would create a costly new program for years to come. Sen. Mike Enzi of Wyoming questioned the CBO's analysis.
He says the real costs would come later. "Only in Washington could someone develop a policy that costs the taxpayers $2 trillion and call that a savings,
and then use it to pay for more federal spending," he said during the hearing Tuesday.
Another Republican, Judd Gregg of New Hampshire, added an amendment that would require that the secretary of health and human services determine the monthly
premium based on an actuarial analysis of what it would take to keep the program solvent over 75 years. The original legislation says the monthly premium
would average $65 a month. But the CBO estimates that, even over the first 10 years of the program, a more realistic number might be $100.
It wasn't just Republicans who voiced skepticism. Some groups that represent people with disabilities are also angry. Bob Kafka, of the disability civil
rights group ADAPT, said not enough is done for poor people who can't afford to have the money deducted from their weekly paychecks — or who, because of
their illness or disability, may not be able to work at all. "Secretary Sebelius' letter adds insult to injury," said Kafka. "This administration has totally
said to low income people with disabilities, 'You do not count.' "
Kafka's group endorsed the CLASS Act but wants it paired with passage of another bill called the Community Choice Act. That would allow people who get long-term
care services through Medicaid to use that money for help to stay at home. Now, the only thing they are guaranteed is that Medicaid will pay for them to
live in a nursing home — and home services are limited, require being on yearlong waiting lists, or are unavailable.
Thursday, July 2, 2009
Where Things Currently Stand In Albany
Earlier today, NYAPRS provided a helpful summary on where things stand in Albany these days. At this time, it is unclear when the Senate will be fully functioning and passing legislation. Other than Timothy’s Law, which has been considered a priority bill for the Senate to pass before its December 31st expiration, it is unlikely that any of NYAIL’s priority bills will be acted upon this session. The NYAIL subcommittees have already begun to strategize on ways to push their bills through next year. We have also received word that we can expect at least one, if not multiple, fall special sessions to deal with the state’s economic crisis. As we hear more on that end, we will keep you posted and advise on how best the centers can strategize to avoid cuts to IL funding and other crucial programs for people with disabilities. Stay tuned for continued updates and actions on the Community Choice Act, as we continue to support ADAPT’s efforts in getting this bill included in any federal health care reform.
Thanks again to NYAPRS for the summary provided below.
Given the terrible fallout from this delay of the ‘people’s business’ and all of the bad publicity the Senators are getting, why would the parties tie up Albany this way?
Control of a house in the NYS Legislature has great advantages: the party in power has historically gotten to pick all of the committee chairs and control which legislation gets advanced let alone passed. Senators from that party have gotten higher pay, the largest offices and the ability to hire 3 times as many staff than their minority counterparts. Further, the party in power will soon get to draw the boundaries of each Congressional district and influence that party’s standing in NY’s Washington delegation.
What allowed this standoff to take place?
After years of Senate Republican rule, the Democrats won a scant 2 seat majority last year. They appeared to lose that control back to the Republicans when two NYC Democrats (Espada and Monserratte) switched sides and backed a Republican return to power. Then, Monserrate switched back and the two parties are deadlocked at 31-31. Neither party has conceded control to the other or has agreed to various power sharing proposals.
Have any bills been passed?
In Albany, both houses have to pass identical bills and those bills have to be approved or allowed by the Governor to become law. The Assembly left town after passing a host of legislation and several of these bills, including the one making NY’s mental health parity law permanent (Timothy’s Law) were passed by the Senate Democrats this past Monday when they claimed a 32 seat majority after a Republican Senator walked through the chamber when they were convening.
Will any of these bills become law?
It’s hard to say. While Governor Paterson has said he won’t sign any bills until the two parties come to an agreement, they could passively become law if he does not veto them. However, these bills would have to be formally sent to him by the Assembly which has declined to do so at the current time.
Thanks again to NYAPRS for the summary provided below.
Given the terrible fallout from this delay of the ‘people’s business’ and all of the bad publicity the Senators are getting, why would the parties tie up Albany this way?
Control of a house in the NYS Legislature has great advantages: the party in power has historically gotten to pick all of the committee chairs and control which legislation gets advanced let alone passed. Senators from that party have gotten higher pay, the largest offices and the ability to hire 3 times as many staff than their minority counterparts. Further, the party in power will soon get to draw the boundaries of each Congressional district and influence that party’s standing in NY’s Washington delegation.
What allowed this standoff to take place?
After years of Senate Republican rule, the Democrats won a scant 2 seat majority last year. They appeared to lose that control back to the Republicans when two NYC Democrats (Espada and Monserratte) switched sides and backed a Republican return to power. Then, Monserrate switched back and the two parties are deadlocked at 31-31. Neither party has conceded control to the other or has agreed to various power sharing proposals.
Have any bills been passed?
In Albany, both houses have to pass identical bills and those bills have to be approved or allowed by the Governor to become law. The Assembly left town after passing a host of legislation and several of these bills, including the one making NY’s mental health parity law permanent (Timothy’s Law) were passed by the Senate Democrats this past Monday when they claimed a 32 seat majority after a Republican Senator walked through the chamber when they were convening.
Will any of these bills become law?
It’s hard to say. While Governor Paterson has said he won’t sign any bills until the two parties come to an agreement, they could passively become law if he does not veto them. However, these bills would have to be formally sent to him by the Assembly which has declined to do so at the current time.
Tuesday, June 30, 2009
With Albany in chaos, Board of Elections staff party in Finger Lakes
A state Board of Elections conference may sound dull - but not in New York.
Up to 180 elections commissioners and staffers wined, dined and danced under the stars last week at an annual conference in the scenic Finger Lakes.
Commissioners and employees spent four workdays at a conference at the Ramada Geneva Lake Front, which included plenty of eating, boozing, golf and touring.
All this while Gov. Paterson is urging state agencies to limit "nonessential" travel to help close the budget gap.
City and state rules let workers attend "professional development" confabs. Taxpayers usually cover hotels, travel and food.
At this conference, vendors seeking business with election boards across the state picked up the tab for food and open bars.
State regulations advise employees it may be improper to accept gifts and that "prior approval and written disclosure" may be required.
New York State Election Commissioners Association President William Scriber acknowledged vendors paid to hawk their wares at the conference - and the money was used to pay for open bars and other expenses.
Still, he defended the conference as necessary.
"We're probably going to go through one of the most difficult election years in the state," he said, explaining that most counties would be using new voting optical scan technology. Companies that make the technology were at the conference.
State rules also recommend only two employees attend such events at a time so as not to deplete the staff.
State Board of Elections spokesman John Conklin said six people with his board attended the conference, which was "extremely helpful."
The New York City Board of Elections also blew off the rule, sending eight staffers, including three of the top four employees.
All together, between 150 and 180 people attended, each paying about $117 a night for room and board - about $351 a person for the entire event.
The city's bill to the taxpayers for three nights, two dinners and two lunches came to $2,808, not counting travel and other meals, a city spokeswoman said.
Last year, the Daily News found city commissioners and board employees were reimbursed in 2007 and 2008 nearly $58,000 for multiple expenses, including hotels, meals and travel to upstate conferences.
A News reporter and photographer observed this year's Geneva jaunt unnoticed.
After check-in Tuesday, attendees went to a 45-minute meeting, then a two-hour welcome reception including an open bar.
At nightfall, many gathered under a white, lakeside tent where they drank beer, wine and liquor and smoked cigars. Liquor flowed freely each night in the Seneca Room that opened up to the giant white tent.
"You girls want to party?" an upstate election board staffer named Scott asked a News reporter and photographer about 9 p.m. Tuesday.
Scott brought the two drinks and introduced the women to an upstate commissioner named Anthony, who was smoking a cigar and drinking a Michelob Ultra.
The Republican commissioner said the annual getaway was one of the perks of the part-time political appointment that pays $30,000 annually.
Inside the private club room, a makeshift bar was laden with bottles of vodka, rum, gin and tequila - some of it top shelf. New York City board employees were seen drinking from plastic cups.
On Wednesday, commissioners and staffers attended work sessions about paper ballets, vendor contracts and other election issues. At one point, Sequoia and ES&S - two companies vying to supply electronic voting machines to election boards across New York - pitched their wares.
Meetings were scheduled through 4 p.m., but by 2:30, about a dozen participants were teeing off at the nearby Seneca Country Club. Others took a vineyard tour of the region known best for its white Rieslings.
Boating was available on Seneca Lake, and one commissioner said he planned to go fishing.
At the hotel, vendors hawking graphics and ballot and voting machines filled a crowded corridor. One of them, a ballot vendor, even threw a party Wednesday night, complete with disk jockey, roast beef, shrimp and open bar.
Several women donned poodle skirts and ponytails for the '50s theme party. A commissioner dressed like Elvis, and other men wore faded jeans and T-shirts.
As the party ended, some revelers re-created a scene from "Animal House" by jumping up and down, yelling "Shout!" to the Isley Brothers' hit.
Scriber said he didn't know which vendor paid for the private party room and liquor and had "no recollection" of who threw the costume party. A hotel sales rep did not return calls.
On Thursday, the city Board of Elections staff gathered for lunch, chatting on cell phones around an outdoor table. Board lawyer Steven Richman drank a rum-filled piña colada, an employee said, while someone else at the table drank a Bloody Mary.
They were joined by Deputy Executive Director George Gonzalez, who drove his black GMC Yukon Denali XL truck 300 miles from the city. Gonzalez was seen at the party the night before drinking a can of beer.
Administrator Pamela Perkins, who approved previous conference expenses, lunched with the group on the sunny afternoon.
City board spokeswoman Valerie Vazquez said eight employees went to the conference to get ready for next year's elections.
Up to 180 elections commissioners and staffers wined, dined and danced under the stars last week at an annual conference in the scenic Finger Lakes.
Commissioners and employees spent four workdays at a conference at the Ramada Geneva Lake Front, which included plenty of eating, boozing, golf and touring.
All this while Gov. Paterson is urging state agencies to limit "nonessential" travel to help close the budget gap.
City and state rules let workers attend "professional development" confabs. Taxpayers usually cover hotels, travel and food.
At this conference, vendors seeking business with election boards across the state picked up the tab for food and open bars.
State regulations advise employees it may be improper to accept gifts and that "prior approval and written disclosure" may be required.
New York State Election Commissioners Association President William Scriber acknowledged vendors paid to hawk their wares at the conference - and the money was used to pay for open bars and other expenses.
Still, he defended the conference as necessary.
"We're probably going to go through one of the most difficult election years in the state," he said, explaining that most counties would be using new voting optical scan technology. Companies that make the technology were at the conference.
State rules also recommend only two employees attend such events at a time so as not to deplete the staff.
State Board of Elections spokesman John Conklin said six people with his board attended the conference, which was "extremely helpful."
The New York City Board of Elections also blew off the rule, sending eight staffers, including three of the top four employees.
All together, between 150 and 180 people attended, each paying about $117 a night for room and board - about $351 a person for the entire event.
The city's bill to the taxpayers for three nights, two dinners and two lunches came to $2,808, not counting travel and other meals, a city spokeswoman said.
Last year, the Daily News found city commissioners and board employees were reimbursed in 2007 and 2008 nearly $58,000 for multiple expenses, including hotels, meals and travel to upstate conferences.
A News reporter and photographer observed this year's Geneva jaunt unnoticed.
After check-in Tuesday, attendees went to a 45-minute meeting, then a two-hour welcome reception including an open bar.
At nightfall, many gathered under a white, lakeside tent where they drank beer, wine and liquor and smoked cigars. Liquor flowed freely each night in the Seneca Room that opened up to the giant white tent.
"You girls want to party?" an upstate election board staffer named Scott asked a News reporter and photographer about 9 p.m. Tuesday.
Scott brought the two drinks and introduced the women to an upstate commissioner named Anthony, who was smoking a cigar and drinking a Michelob Ultra.
The Republican commissioner said the annual getaway was one of the perks of the part-time political appointment that pays $30,000 annually.
Inside the private club room, a makeshift bar was laden with bottles of vodka, rum, gin and tequila - some of it top shelf. New York City board employees were seen drinking from plastic cups.
On Wednesday, commissioners and staffers attended work sessions about paper ballets, vendor contracts and other election issues. At one point, Sequoia and ES&S - two companies vying to supply electronic voting machines to election boards across New York - pitched their wares.
Meetings were scheduled through 4 p.m., but by 2:30, about a dozen participants were teeing off at the nearby Seneca Country Club. Others took a vineyard tour of the region known best for its white Rieslings.
Boating was available on Seneca Lake, and one commissioner said he planned to go fishing.
At the hotel, vendors hawking graphics and ballot and voting machines filled a crowded corridor. One of them, a ballot vendor, even threw a party Wednesday night, complete with disk jockey, roast beef, shrimp and open bar.
Several women donned poodle skirts and ponytails for the '50s theme party. A commissioner dressed like Elvis, and other men wore faded jeans and T-shirts.
As the party ended, some revelers re-created a scene from "Animal House" by jumping up and down, yelling "Shout!" to the Isley Brothers' hit.
Scriber said he didn't know which vendor paid for the private party room and liquor and had "no recollection" of who threw the costume party. A hotel sales rep did not return calls.
On Thursday, the city Board of Elections staff gathered for lunch, chatting on cell phones around an outdoor table. Board lawyer Steven Richman drank a rum-filled piña colada, an employee said, while someone else at the table drank a Bloody Mary.
They were joined by Deputy Executive Director George Gonzalez, who drove his black GMC Yukon Denali XL truck 300 miles from the city. Gonzalez was seen at the party the night before drinking a can of beer.
Administrator Pamela Perkins, who approved previous conference expenses, lunched with the group on the sunny afternoon.
City board spokeswoman Valerie Vazquez said eight employees went to the conference to get ready for next year's elections.
Wednesday, June 24, 2009
EEOC Votes to Revise Rules to Conform to ADA Amendments Act
PRESS RELEASE
6-17-09
COMMISSION VOTES TO REVISE RULES TO CONFORM TO ADA AMENDMENTS ACT
New Regulations Would Make it Easier for People to Establish Disability Under ADA
WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) voted today to revise its regulations to conform to changes made by the ADA Amendments
Act (ADAAA) of 2008, which would make it easier for an individual seeking protection under the ADA to establish that he or she has a disability.
The Commission voted 2-1 to adopt the rules changes, at a public meeting this morning at the agency’s Washington headquarters. The five-member body has
two vacancies.
The rules changes approved today represent an initial stage in the regulatory process and must next go to the Office of Management and Budget for review,
and to federal agencies pursuant to Executive Order 12067, without public comment.
“In approving these proposed regulations, the EEOC today is taking a significant step toward returning the ADA to the broad and strong civil rights statute
that Congress originally intended it to be,” said EEOC Acting Chairman Stuart J. Ishimaru. “The proposed regulations will permit individuals with disabilities
to participate to the fullest extent possible in the American workplace.”
Acting EEOC Vice Chair Christine M. Griffin said, “Today’s vote is historic. These regulations will serve to shift the focus of the courts from further
narrowing the definition of disability and putting it back to where Congress intended when the ADA was enacted in 1990. Courts should now focus on whether
discrimination based on disability is occurring in the workplace. The protections afforded by the ADA AA and these new regulations are important for all
workers including our returning wounded warriors who certainly deserve the right to re-enter a workforce free of discrimination.”
The Americans with Disabilities Act (ADA), an antidiscrimination statute, was signed into law in July 1990. The EEOC is responsible for enforcing Title
I of the ADA, which prohibits employment discrimination against individuals with disabilities. The statute requires employers to make reasonable accommodations
to employees and job applicants with disabilities—defined as people with mental or physical impairments that substantially limit a major life activity,
persons with a record of a disability, or who, while not actually disabled, are regarded as disabled.
The ADA Amendments Act, which went into effect Jan. 1, 2009, makes important changes to the definition of the term "disability" by rejecting the holdings
in several Supreme Court decisions and portions of EEOC's prior ADA regulations. The effect of these changes is to make it easier for an individual seeking
protection under the ADA to establish that he or she has a disability as defined by the ADA. The ADAAA emphasizes that the definition of disability should
be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive
analysis.
The ADAAA also states that Congress expects the EEOC to revise its regulations to conform to changes made by Act, and expressly authorizes the EEOC to do
so.
The EEOC is responsible for enforcing federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site
at
www.eeoc.gov.
6-17-09
COMMISSION VOTES TO REVISE RULES TO CONFORM TO ADA AMENDMENTS ACT
New Regulations Would Make it Easier for People to Establish Disability Under ADA
WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) voted today to revise its regulations to conform to changes made by the ADA Amendments
Act (ADAAA) of 2008, which would make it easier for an individual seeking protection under the ADA to establish that he or she has a disability.
The Commission voted 2-1 to adopt the rules changes, at a public meeting this morning at the agency’s Washington headquarters. The five-member body has
two vacancies.
The rules changes approved today represent an initial stage in the regulatory process and must next go to the Office of Management and Budget for review,
and to federal agencies pursuant to Executive Order 12067, without public comment.
“In approving these proposed regulations, the EEOC today is taking a significant step toward returning the ADA to the broad and strong civil rights statute
that Congress originally intended it to be,” said EEOC Acting Chairman Stuart J. Ishimaru. “The proposed regulations will permit individuals with disabilities
to participate to the fullest extent possible in the American workplace.”
Acting EEOC Vice Chair Christine M. Griffin said, “Today’s vote is historic. These regulations will serve to shift the focus of the courts from further
narrowing the definition of disability and putting it back to where Congress intended when the ADA was enacted in 1990. Courts should now focus on whether
discrimination based on disability is occurring in the workplace. The protections afforded by the ADA AA and these new regulations are important for all
workers including our returning wounded warriors who certainly deserve the right to re-enter a workforce free of discrimination.”
The Americans with Disabilities Act (ADA), an antidiscrimination statute, was signed into law in July 1990. The EEOC is responsible for enforcing Title
I of the ADA, which prohibits employment discrimination against individuals with disabilities. The statute requires employers to make reasonable accommodations
to employees and job applicants with disabilities—defined as people with mental or physical impairments that substantially limit a major life activity,
persons with a record of a disability, or who, while not actually disabled, are regarded as disabled.
The ADA Amendments Act, which went into effect Jan. 1, 2009, makes important changes to the definition of the term "disability" by rejecting the holdings
in several Supreme Court decisions and portions of EEOC's prior ADA regulations. The effect of these changes is to make it easier for an individual seeking
protection under the ADA to establish that he or she has a disability as defined by the ADA. The ADAAA emphasizes that the definition of disability should
be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive
analysis.
The ADAAA also states that Congress expects the EEOC to revise its regulations to conform to changes made by Act, and expressly authorizes the EEOC to do
so.
The EEOC is responsible for enforcing federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site
at
www.eeoc.gov.
Monday, June 22, 2009
From the White House - President Obama Commemorates Anniversary of Olmstead and Announces New Initiatives to Assist Americans with Disabilities
THE WHITE HOUSE
Office of the Press Secretary
______________________________________________________________________
For Immediate Release June 22, 2009
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.
Office of the Press Secretary
______________________________________________________________________
For Immediate Release June 22, 2009
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.
Wednesday, June 10, 2009
NYAIL Disability Priority Agenda - bill status
The following relates to the NYAIL Disability Priority Agenda and the current status of Legislation still viable for passage this year:
Civil Rights
· Incorporate Title II of ADA into NYS Human Rights Law. A.781-B (Paulin) and S.5396 (Huntley) of 2009
Bill Status: The Title II bill passed the Assembly on May 11th as part of the Disability Awareness Day package, and currently sits in the Senate Investigations
and Government Operations Committee, whose Chair, Senator Craig Johnson, has put it on the Committee agenda for June 9. The SSAN has been active in calling
Senator Huntley and Senator Johnson to urge the movement of this bill to the floor for a vote.
· Waive the State’s sovereign immunity to claims under the ADA and Section 504. A.3651 (Lifton) and S.2833 (Krueger) of 2009
Bill Status: The waiver of sovereign immunity bill passed the Assembly on May 11th as part of the Disability Awareness Day package. The Senate bill, S.2833,
sponsored by Senator Kruger, has 10 cosponsors but has not moved in three months. It is currently in the Codes Committee, chaired by Senator Eric Schneiderman.
The SSAN has been making calls to Senator Schneiderman’s office to urge him to put it on the next committee agenda.
Election Reform
· Require all poll sites to comply with the accessibility guidelines of the ADA and eliminate the practice of granting waivers for inaccessible
sites. S.1058 (Addabbo) and A. 584 (Cahill) of 2009
Bill Status: The poll site access bill also passed the Assembly on May 11th. The Senate bill, S.1058, moved out of the Senate Election Committee and now
sits in the Finance Committee. The SSAN has been calling Senator Kruger, Chair of the Finance Committee, to urge him to include the bill on the committee’s
next meeting agenda, which is scheduled for Monday, June 8th at 1:30pm.
Other DPA issues:
Housing
· Incorporate the housing provisions of Section 504 of the Rehabilitation Act into state law. A.7851 (Titus) of 2009
Bill Status: The 504 bill, sponsored by Assemblywoman Titus, passed the Assembly on May 11th as part of the Disability Awareness Day package. Assemblywoman
Titus is still looking for a Democratic Senator to introduce a same-as. It is unlikely that this bill will see any major movement in the Senate this legislative
session.
· Establish standards for “visitability” in State law to require all newly constructed single-family houses, townhouses and ground-floor units of
duplexes and triplexes built with public funds to be made accessible. S.1499 (DeFrancisco) of 2009
There has been a great deal of momentum around visitability given the recently introduced national legislation and AARP’s involvement in the issue. The
NYAIL Housing Subcommittee is working to amend language of the current bill and have it introduced by the majority in both houses, in hopes of getting
it passed next legislative session.
Transportation
· Require transportation service providers, such as taxis, limousines and shuttle services, to purchase accessible vehicles or otherwise ensure
that they have the capacity to serve people with disabilities. A.5549 (Titus) and S.4011 (Morahan) of 2009
The accessible taxi bill remains in the Transportation Committee of both houses. NYAIL Transportation Subcommittee is working closely with Assemblywoman
Titus and Kim Hill, Executive Director of the Assembly Task Force for People with Disabilities, on getting this bill moving in hopes of seeing it pass
next session.
Education
· Establish a definition and standard for physical restraint in public schools. Require documentation by the school and written notification to
the parent when restraint is used. A.1862 (Nolan) of 2009
Restraint is getting a lot of attention on the national level given the recent congressional hearings on this issue. Assemblywoman Nolan’s office has been
working closely with the NYAIL Inclusive Education Subcommittee to secure a Senate sponsor for the restraint bill and help move it forward.
Mental Health
· Amend state Social Services Law Section 384-b to eliminate subdivisions (4)(c) and (6)(a-e), which permit termination of parental rights on the
basis of mental illness or mental retardation. S. 2835 (Huntley) and A.6668 (Rivera) of 2009
The termination of parental rights bill has roused a great deal of attention this legislative session among legislators, agencies, and advocates. NYAIL
is one of over 40 organizations that have signed on to the Coalition Against Parental Termination Discrimination, in support of this bill. The sponsors
of the bill, Senator Huntley and Assemblyman Rivera, have asked state agencies to work with advocates and other stakeholders to come up with a series of
recommendations and report to the Legislature by January 15, 2010.
Most Integrated Setting
· Ensure that all individuals with disabilities have the right to choose and receive services in the most integrated setting. Establish a presumption
that community-based services are more appropriate than institutional or segregated settings. Require all State agencies to promote such integration through
a plan and annual report. A.5112 (Destito) and S.3265 (Griffo) of 2009
The most integrated services bill currently sits in the Government Operations Committee of both houses. As we continue to track this bill, NYAIL has begun
to develop a global strategy for advocating for the most integrated setting.
Other issues of importance:
· Legislation to make Timothy’s Law permanent, A.8611/S.5672, gained strong legislative support by being introduced by Governor Paterson on May
5th. NYAIL continues to work closely with NYAPRS, MHANYS, and other advocacy organizations by responding to ongoing alerts to get this bill passed this
year.
· The Disability History Week bill, A.2242/S.3159, remains in the Education Committee of both houses. The SSAN has been activated to call their
local legislators and ask for their support in moving this bill forward.
· The bill to cap paratransit fares, S.2933 (Duane) / A.6489 (Kellner), has been of interest to many of our members. The Senate bill is in the
Finance Committee and on the calendar for Monday, June 8th. The Assembly bill remains in the Ways and Means Committee. NYAIL will continue to track the
status of the bill.
Federal Issues
Community Choice Act (HR1670) - The U.S. Senate and House are preparing the health reform package as we speak, with full intentions of passing something
THIS YEAR. Thanks to the efforts of the SSAN, Senator Schumer, Senator Gillibrand, and 14 New York Representatives have signed on to cosponsor the Community
Choice Act. The SSAN has participated in two national call-ins that have generated over 10,000 calls to the Senate and House, urging them to include the
Community Choice Act in Health Care Reform to end the institutional bias. We will keep you posted as the process progresses. If your representative has
not yet signed on, continue to urge them to do so!
Please post any questions you may have.
Charlie Reichardt
Systems Advocate
Catskill Center for Independence
Civil Rights
· Incorporate Title II of ADA into NYS Human Rights Law. A.781-B (Paulin) and S.5396 (Huntley) of 2009
Bill Status: The Title II bill passed the Assembly on May 11th as part of the Disability Awareness Day package, and currently sits in the Senate Investigations
and Government Operations Committee, whose Chair, Senator Craig Johnson, has put it on the Committee agenda for June 9. The SSAN has been active in calling
Senator Huntley and Senator Johnson to urge the movement of this bill to the floor for a vote.
· Waive the State’s sovereign immunity to claims under the ADA and Section 504. A.3651 (Lifton) and S.2833 (Krueger) of 2009
Bill Status: The waiver of sovereign immunity bill passed the Assembly on May 11th as part of the Disability Awareness Day package. The Senate bill, S.2833,
sponsored by Senator Kruger, has 10 cosponsors but has not moved in three months. It is currently in the Codes Committee, chaired by Senator Eric Schneiderman.
The SSAN has been making calls to Senator Schneiderman’s office to urge him to put it on the next committee agenda.
Election Reform
· Require all poll sites to comply with the accessibility guidelines of the ADA and eliminate the practice of granting waivers for inaccessible
sites. S.1058 (Addabbo) and A. 584 (Cahill) of 2009
Bill Status: The poll site access bill also passed the Assembly on May 11th. The Senate bill, S.1058, moved out of the Senate Election Committee and now
sits in the Finance Committee. The SSAN has been calling Senator Kruger, Chair of the Finance Committee, to urge him to include the bill on the committee’s
next meeting agenda, which is scheduled for Monday, June 8th at 1:30pm.
Other DPA issues:
Housing
· Incorporate the housing provisions of Section 504 of the Rehabilitation Act into state law. A.7851 (Titus) of 2009
Bill Status: The 504 bill, sponsored by Assemblywoman Titus, passed the Assembly on May 11th as part of the Disability Awareness Day package. Assemblywoman
Titus is still looking for a Democratic Senator to introduce a same-as. It is unlikely that this bill will see any major movement in the Senate this legislative
session.
· Establish standards for “visitability” in State law to require all newly constructed single-family houses, townhouses and ground-floor units of
duplexes and triplexes built with public funds to be made accessible. S.1499 (DeFrancisco) of 2009
There has been a great deal of momentum around visitability given the recently introduced national legislation and AARP’s involvement in the issue. The
NYAIL Housing Subcommittee is working to amend language of the current bill and have it introduced by the majority in both houses, in hopes of getting
it passed next legislative session.
Transportation
· Require transportation service providers, such as taxis, limousines and shuttle services, to purchase accessible vehicles or otherwise ensure
that they have the capacity to serve people with disabilities. A.5549 (Titus) and S.4011 (Morahan) of 2009
The accessible taxi bill remains in the Transportation Committee of both houses. NYAIL Transportation Subcommittee is working closely with Assemblywoman
Titus and Kim Hill, Executive Director of the Assembly Task Force for People with Disabilities, on getting this bill moving in hopes of seeing it pass
next session.
Education
· Establish a definition and standard for physical restraint in public schools. Require documentation by the school and written notification to
the parent when restraint is used. A.1862 (Nolan) of 2009
Restraint is getting a lot of attention on the national level given the recent congressional hearings on this issue. Assemblywoman Nolan’s office has been
working closely with the NYAIL Inclusive Education Subcommittee to secure a Senate sponsor for the restraint bill and help move it forward.
Mental Health
· Amend state Social Services Law Section 384-b to eliminate subdivisions (4)(c) and (6)(a-e), which permit termination of parental rights on the
basis of mental illness or mental retardation. S. 2835 (Huntley) and A.6668 (Rivera) of 2009
The termination of parental rights bill has roused a great deal of attention this legislative session among legislators, agencies, and advocates. NYAIL
is one of over 40 organizations that have signed on to the Coalition Against Parental Termination Discrimination, in support of this bill. The sponsors
of the bill, Senator Huntley and Assemblyman Rivera, have asked state agencies to work with advocates and other stakeholders to come up with a series of
recommendations and report to the Legislature by January 15, 2010.
Most Integrated Setting
· Ensure that all individuals with disabilities have the right to choose and receive services in the most integrated setting. Establish a presumption
that community-based services are more appropriate than institutional or segregated settings. Require all State agencies to promote such integration through
a plan and annual report. A.5112 (Destito) and S.3265 (Griffo) of 2009
The most integrated services bill currently sits in the Government Operations Committee of both houses. As we continue to track this bill, NYAIL has begun
to develop a global strategy for advocating for the most integrated setting.
Other issues of importance:
· Legislation to make Timothy’s Law permanent, A.8611/S.5672, gained strong legislative support by being introduced by Governor Paterson on May
5th. NYAIL continues to work closely with NYAPRS, MHANYS, and other advocacy organizations by responding to ongoing alerts to get this bill passed this
year.
· The Disability History Week bill, A.2242/S.3159, remains in the Education Committee of both houses. The SSAN has been activated to call their
local legislators and ask for their support in moving this bill forward.
· The bill to cap paratransit fares, S.2933 (Duane) / A.6489 (Kellner), has been of interest to many of our members. The Senate bill is in the
Finance Committee and on the calendar for Monday, June 8th. The Assembly bill remains in the Ways and Means Committee. NYAIL will continue to track the
status of the bill.
Federal Issues
Community Choice Act (HR1670) - The U.S. Senate and House are preparing the health reform package as we speak, with full intentions of passing something
THIS YEAR. Thanks to the efforts of the SSAN, Senator Schumer, Senator Gillibrand, and 14 New York Representatives have signed on to cosponsor the Community
Choice Act. The SSAN has participated in two national call-ins that have generated over 10,000 calls to the Senate and House, urging them to include the
Community Choice Act in Health Care Reform to end the institutional bias. We will keep you posted as the process progresses. If your representative has
not yet signed on, continue to urge them to do so!
Please post any questions you may have.
Charlie Reichardt
Systems Advocate
Catskill Center for Independence
Tuesday, May 5, 2009
55B Employment Program
For the past year, the NYAIL (New York Association On Independent Living) Employment Subcommittee has been looking into Section 55-b, a state program whereby people with disabilities can be deemed eligible for entry level state jobs without taking a civil service test. The problem has always been that after a person is declared eligible, they go into a kind of limbo, and it has been difficult or impossible to find out how to proceed after receiving a letter of eligibility.
The mystery has finally been unlocked, and below is a handy guide on how to navigate the process. We now have a golden, once-in-a-lifetime opportunity, in that Section 55-b is exempt from the state hiring freeze! In other words, right now, just about the only people being hired for state jobs are those with disabilities under 55-b!
It is the intent of the legislation that the 55b/c Programs provide severely disabled individuals the opportunity to enter State service through 55b/c appointments. Thus any entry-level position that is normally filled through an open-competitive (not a promotion) examination may be converted to a non-competitive position for a 55b/c appointment. In order to qualify for the position, a person approved for the 55b/c programs must demonstrate that he or she meets the minimum qualifications for the position. The minimum qualifications for an entry-level position varies with each title - some have no minimum qualifications some require both experience and a certain level of education.
The responsibility to get an appointment lies with the individual. 55b/c clients are encouraged to send a cover letter, resume, and copy of their eligibility letter to any state agency in every location where they are willing to work. If an agency has a vacancy, they may choose to interview and appoint the
55b/c client. If that occurs, the agency notifies my unit that they wish to make an appointment, we verify that the person meets the qualifications and the Civil Service Commission reviews the request and approves the reclassification of the position. Agencies are not required to use the 55b/c Programs and when interviewing 55b/c clients they may also be interviewing candidates from the competitive lists. Being eligible for the 55b/c Programs is not a guarantee of an appointment. 55b/c clients compete with list candidates and other 55b/c clients for appointments. It is not unusual to have up to 75
55b/c clients apply for any single position.
While State agencies have positions around the State, the majority of positions, particularly entry-level positions are located in the Capital District area and the New York City Metropolitan region.
It turns out that there are no predestinated positions that are set aside as “55-b jobs;” any entry level position between grades 6 and 23 that is marked “competitive” is an eligible position to be filled through 55-b. When a person receives their letter of eligibility, it is important to make multiple copies to send with applications for various positions.
A person does not have to go through VESID or CBVH to apply for 55-b---they can do it themselves through an application at the Civil Service website
www.cs.state.ny.us .
Job seekers should indicate on a cover letter that 55B status permits hiring despite a general hiring freeze. Also, people on 55B should update their resumes as often as their qualifications change (e.g. a course, etc.) so that Civil Service can possibly match them with a position. The new Civil Service Recruitment department is trying to actually match applicants with open positions.
This whole process is unnecessarily long and complicated and could (and should!) be simplified and made more user-friendly. There is no way an applicant could figure it out on his/her own, so we must spread the news far and wide. We will also be advocating to simplify the process and compile a list of available 55-b eligible openings so people won’t have to scroll through the whole list.
NOTE: The 55-a program is for positions in county governments and eligibility is determined by VESID. The usage of this program varies wildly from county to county. 55-c is for veterans, and has recently had an increase in the number of allotments.
thanks to Fran Wishnick from the Resource Center For Accessible Living (RCAL) in Kingston New York for all of her research and legwork on this issue!
SPREAD THE WORD!
The mystery has finally been unlocked, and below is a handy guide on how to navigate the process. We now have a golden, once-in-a-lifetime opportunity, in that Section 55-b is exempt from the state hiring freeze! In other words, right now, just about the only people being hired for state jobs are those with disabilities under 55-b!
It is the intent of the legislation that the 55b/c Programs provide severely disabled individuals the opportunity to enter State service through 55b/c appointments. Thus any entry-level position that is normally filled through an open-competitive (not a promotion) examination may be converted to a non-competitive position for a 55b/c appointment. In order to qualify for the position, a person approved for the 55b/c programs must demonstrate that he or she meets the minimum qualifications for the position. The minimum qualifications for an entry-level position varies with each title - some have no minimum qualifications some require both experience and a certain level of education.
The responsibility to get an appointment lies with the individual. 55b/c clients are encouraged to send a cover letter, resume, and copy of their eligibility letter to any state agency in every location where they are willing to work. If an agency has a vacancy, they may choose to interview and appoint the
55b/c client. If that occurs, the agency notifies my unit that they wish to make an appointment, we verify that the person meets the qualifications and the Civil Service Commission reviews the request and approves the reclassification of the position. Agencies are not required to use the 55b/c Programs and when interviewing 55b/c clients they may also be interviewing candidates from the competitive lists. Being eligible for the 55b/c Programs is not a guarantee of an appointment. 55b/c clients compete with list candidates and other 55b/c clients for appointments. It is not unusual to have up to 75
55b/c clients apply for any single position.
While State agencies have positions around the State, the majority of positions, particularly entry-level positions are located in the Capital District area and the New York City Metropolitan region.
It turns out that there are no predestinated positions that are set aside as “55-b jobs;” any entry level position between grades 6 and 23 that is marked “competitive” is an eligible position to be filled through 55-b. When a person receives their letter of eligibility, it is important to make multiple copies to send with applications for various positions.
A person does not have to go through VESID or CBVH to apply for 55-b---they can do it themselves through an application at the Civil Service website
www.cs.state.ny.us .
Job seekers should indicate on a cover letter that 55B status permits hiring despite a general hiring freeze. Also, people on 55B should update their resumes as often as their qualifications change (e.g. a course, etc.) so that Civil Service can possibly match them with a position. The new Civil Service Recruitment department is trying to actually match applicants with open positions.
This whole process is unnecessarily long and complicated and could (and should!) be simplified and made more user-friendly. There is no way an applicant could figure it out on his/her own, so we must spread the news far and wide. We will also be advocating to simplify the process and compile a list of available 55-b eligible openings so people won’t have to scroll through the whole list.
NOTE: The 55-a program is for positions in county governments and eligibility is determined by VESID. The usage of this program varies wildly from county to county. 55-c is for veterans, and has recently had an increase in the number of allotments.
thanks to Fran Wishnick from the Resource Center For Accessible Living (RCAL) in Kingston New York for all of her research and legwork on this issue!
SPREAD THE WORD!
Through Children's Eyes
Hello all.
Although the following is posted primarily as an FYI I am hoping that you will distribute this to your legislator and anyone else you know who will find the Through Children's Eyes project of interest. I suspect that that would or should include everyone.
“Through Children's Eyes: A School Based Community Collaboration” takes a different approach to disability awareness programs by uniquely combining existing NYS curriculum to experiential learning resulting in a new generation of passionate advocates involved in social justice and civic action.
Disability awareness programs have been around forever. However, getting them into schools has been difficult in the past, as many teachers and school districts have had the opinion that the program would distract from existing curriculum. Mr. Ken Sider, Third Grade Teacher at Riverside Elementary School (RES) and Mr. Don Wyckoff, Architectural Barrier Specialist at the Catskill Center for Independence (CCFI), developed a program that takes a different approach by uniquely combining existing NYS curriculum to an experiential disability awareness program.
The antecedent leading to the development and implementation of this project came when RES psychologist Mrs. Deb Clune became disabled as a result of a motor vehicle accident. Mr. Sider overheard fellow teachers discussing her situation; they expressed their beliefs that she could no longer accomplish her job successfully in a wheelchair and they agreed that she should just “go out on disability”. Their insensitivity towards Mrs. Clune and her newly acquired disability left Mr. Sider angered and ashamed of his peers and felt these teachers ought to be educated in inclusiveness. Mr. Sider then thought he would attempt to teach his class for a week while using a wheelchair. After rolling the thought around for a few days, he further developed the idea and realized that this was a great learning opportunity for his class. With this idea as his guide he contacted CCFI to discuss this unique approach. CCFI donated three wheelchairs, two child sized and one adult, and worked with Mr. Sider to develop this unique experiential learning experience.
For three years now Mr. Sider, with the collaboration of CCFI, has implemented unique program called, “Through Children's Eyes: A School Based Community Collaboration". Before each student has a turn in the chair they are asked to write an essay regarding their perceptions of people with disabilities. Each student then spends the entire day in the wheelchair and has a task checklist designed to illustrate some of the major problems people with disabilities face, such as inaccessible environments and social isolation. The task checklist required students to attempt things such as reaching the fire escape window in their classroom (which they couldn’t due to reach constraints), independently navigate the heavy main doors, traverse a ramp, participate in gym class, carry their lunch from the lunch line to the table, attempt to use the “accessible” bathroom and navigate the playground. After the children were done they were asked to write a post project essay regarding their experience and their conclusions were unanimous: people with disabilities have far more difficulties trying to be independent in life than any of them had imagined. This realization moved the children from silent observers to passionate advocates.
Mr. Wyckoff was invited back to the school to add an additional component to the new program. With “How to Identify Barriers through an On-site Inspection” the children were then taught the basic principles of accessibility. Mr. Wyckoff brought the Americans with Disabilities Act Accessibility Guidelines (ADAAG), and a few basic tools (tape measure, door pressure gauge, an accessibility stick designed to measure a ramps slope and a digital camera), and showed the students how to conduct an onsite survey, including how to record the findings and compare them with existing ADAAG. The children then split up into teams and began measuring and recording their findings. The children scheduled a meeting with the superintendent to report on the results of the surveys and successfully advocated for changes in the school among them, a school doorbell enabling a visitor to notify the school office assistance is needed for opening the inaccessible door.
As a result of this disability awareness program the current third grade students at Riverside Elementary have become outstanding advocates, fully embracing the idea of social justice and civic action. The students decided it would be advantageous for the other students in the school to learn the basic disability awareness concepts and etiquette that they had learned and designed and presented a 30 minute long disability awareness program of their own during a school assembly. With the guidance of Mr. Sider, the students chose key elements of disability awareness and etiquette: how to interact with a person with a disability, the importance of designated accessible parking, accessible paths of travel, and demystifying people with disabilities. Eight children took turns discussing disability awareness and etiquette to approximately 100 students, teachers and staff. After the assembly some of the teachers and staff congratulated the children and affirmed they had learned much, especially the state codes regarding designated accessible parking!
In addition to the above mentioned accomplishments, third grade students were able to accomplish the following:
· Create “Riverside Cares Parking Tickets” and they issue them regularly!
· Create documentaries of their experiences which were subsequently shared with other area schools and as well as used in college lectures.
· Drafted a letter to the school superintendent requesting a meeting to discuss inaccessible elements they discovered while conducting their own on-site assessments. The children were able to raise money for a door bell before the school itself could locate or designate funding. They “lobbied” the school to replace some of the cafeteria tables with accessible tables and they also “lobbied” the school to include accessible playground equipment, which is currently in the process of being installed.
· Create a video supporting NYS Bill 2242 mandating disability history be taught in schools. They have sent it to both democratic and republican senators across the state. The video was written and produced by the third grade class and can be viewed at
http://www.oneontacsd.org/files/505277/Disabilities%20Project1.wmv
· Raised money to purchase a new parking sign declaring “No Student Drop Off or Pick-Up and No Deliveries” to further clarify the single designated accessible parking spot outside the school be kept available to those who can legally use it.
Perhaps the most startling demonstration of the power of this program has been the children’s universal change in perception and attitudes regarding people with disabilities. The children now see the difficulties people with disabilities face each day and are moved by compassion as opposed to pity. They have taken on the task of educating others regarding what they have learned and most, if not all, have the sense of empowerment as a result. The realization that even a third grader can make huge change if given the opportunity seems to be very motivating. As one teacher noted, “These children have developed a good understanding of a difficult subject. The skills they have learned and the sense of empowerment they have obtained through this program and their own actions will certainly motivate them throughout their lives. Our community will certainly benefit as these children become the next gate keepers in our society.”
Mr. Sider and Mr. Wyckoff have presented " Through Children's Eyes: A School Based Community Collaboration" at the NYS Association of Independent Living Conference, twice at SUCO College seminars for Education Majors, and across the state to disability rights advocates. Their presentations have been met with great enthusiasm to replicate the program as well its modality of teaching: connecting the experiential part of the program to existing curriculum. The program has been adopted and replicated in three Plattsburgh schools and is currently being adopted at the Greater Plains Elementary here in Oneonta. Mr. Sider and Mr. Wyckoff have expressed that their main objective is to see the program adopted into NYS Curriculum and eventually throughout the United States.
Although the following is posted primarily as an FYI I am hoping that you will distribute this to your legislator and anyone else you know who will find the Through Children's Eyes project of interest. I suspect that that would or should include everyone.
“Through Children's Eyes: A School Based Community Collaboration” takes a different approach to disability awareness programs by uniquely combining existing NYS curriculum to experiential learning resulting in a new generation of passionate advocates involved in social justice and civic action.
Disability awareness programs have been around forever. However, getting them into schools has been difficult in the past, as many teachers and school districts have had the opinion that the program would distract from existing curriculum. Mr. Ken Sider, Third Grade Teacher at Riverside Elementary School (RES) and Mr. Don Wyckoff, Architectural Barrier Specialist at the Catskill Center for Independence (CCFI), developed a program that takes a different approach by uniquely combining existing NYS curriculum to an experiential disability awareness program.
The antecedent leading to the development and implementation of this project came when RES psychologist Mrs. Deb Clune became disabled as a result of a motor vehicle accident. Mr. Sider overheard fellow teachers discussing her situation; they expressed their beliefs that she could no longer accomplish her job successfully in a wheelchair and they agreed that she should just “go out on disability”. Their insensitivity towards Mrs. Clune and her newly acquired disability left Mr. Sider angered and ashamed of his peers and felt these teachers ought to be educated in inclusiveness. Mr. Sider then thought he would attempt to teach his class for a week while using a wheelchair. After rolling the thought around for a few days, he further developed the idea and realized that this was a great learning opportunity for his class. With this idea as his guide he contacted CCFI to discuss this unique approach. CCFI donated three wheelchairs, two child sized and one adult, and worked with Mr. Sider to develop this unique experiential learning experience.
For three years now Mr. Sider, with the collaboration of CCFI, has implemented unique program called, “Through Children's Eyes: A School Based Community Collaboration". Before each student has a turn in the chair they are asked to write an essay regarding their perceptions of people with disabilities. Each student then spends the entire day in the wheelchair and has a task checklist designed to illustrate some of the major problems people with disabilities face, such as inaccessible environments and social isolation. The task checklist required students to attempt things such as reaching the fire escape window in their classroom (which they couldn’t due to reach constraints), independently navigate the heavy main doors, traverse a ramp, participate in gym class, carry their lunch from the lunch line to the table, attempt to use the “accessible” bathroom and navigate the playground. After the children were done they were asked to write a post project essay regarding their experience and their conclusions were unanimous: people with disabilities have far more difficulties trying to be independent in life than any of them had imagined. This realization moved the children from silent observers to passionate advocates.
Mr. Wyckoff was invited back to the school to add an additional component to the new program. With “How to Identify Barriers through an On-site Inspection” the children were then taught the basic principles of accessibility. Mr. Wyckoff brought the Americans with Disabilities Act Accessibility Guidelines (ADAAG), and a few basic tools (tape measure, door pressure gauge, an accessibility stick designed to measure a ramps slope and a digital camera), and showed the students how to conduct an onsite survey, including how to record the findings and compare them with existing ADAAG. The children then split up into teams and began measuring and recording their findings. The children scheduled a meeting with the superintendent to report on the results of the surveys and successfully advocated for changes in the school among them, a school doorbell enabling a visitor to notify the school office assistance is needed for opening the inaccessible door.
As a result of this disability awareness program the current third grade students at Riverside Elementary have become outstanding advocates, fully embracing the idea of social justice and civic action. The students decided it would be advantageous for the other students in the school to learn the basic disability awareness concepts and etiquette that they had learned and designed and presented a 30 minute long disability awareness program of their own during a school assembly. With the guidance of Mr. Sider, the students chose key elements of disability awareness and etiquette: how to interact with a person with a disability, the importance of designated accessible parking, accessible paths of travel, and demystifying people with disabilities. Eight children took turns discussing disability awareness and etiquette to approximately 100 students, teachers and staff. After the assembly some of the teachers and staff congratulated the children and affirmed they had learned much, especially the state codes regarding designated accessible parking!
In addition to the above mentioned accomplishments, third grade students were able to accomplish the following:
· Create “Riverside Cares Parking Tickets” and they issue them regularly!
· Create documentaries of their experiences which were subsequently shared with other area schools and as well as used in college lectures.
· Drafted a letter to the school superintendent requesting a meeting to discuss inaccessible elements they discovered while conducting their own on-site assessments. The children were able to raise money for a door bell before the school itself could locate or designate funding. They “lobbied” the school to replace some of the cafeteria tables with accessible tables and they also “lobbied” the school to include accessible playground equipment, which is currently in the process of being installed.
· Create a video supporting NYS Bill 2242 mandating disability history be taught in schools. They have sent it to both democratic and republican senators across the state. The video was written and produced by the third grade class and can be viewed at
http://www.oneontacsd.org/files/505277/Disabilities%20Project1.wmv
· Raised money to purchase a new parking sign declaring “No Student Drop Off or Pick-Up and No Deliveries” to further clarify the single designated accessible parking spot outside the school be kept available to those who can legally use it.
Perhaps the most startling demonstration of the power of this program has been the children’s universal change in perception and attitudes regarding people with disabilities. The children now see the difficulties people with disabilities face each day and are moved by compassion as opposed to pity. They have taken on the task of educating others regarding what they have learned and most, if not all, have the sense of empowerment as a result. The realization that even a third grader can make huge change if given the opportunity seems to be very motivating. As one teacher noted, “These children have developed a good understanding of a difficult subject. The skills they have learned and the sense of empowerment they have obtained through this program and their own actions will certainly motivate them throughout their lives. Our community will certainly benefit as these children become the next gate keepers in our society.”
Mr. Sider and Mr. Wyckoff have presented " Through Children's Eyes: A School Based Community Collaboration" at the NYS Association of Independent Living Conference, twice at SUCO College seminars for Education Majors, and across the state to disability rights advocates. Their presentations have been met with great enthusiasm to replicate the program as well its modality of teaching: connecting the experiential part of the program to existing curriculum. The program has been adopted and replicated in three Plattsburgh schools and is currently being adopted at the Greater Plains Elementary here in Oneonta. Mr. Sider and Mr. Wyckoff have expressed that their main objective is to see the program adopted into NYS Curriculum and eventually throughout the United States.
Wednesday, April 15, 2009
National DBTAC Launches Accessible Technology Web Site!
The Accessible Technology Web Site, developed as a national project for the Disability & Business Technical Assistance Centers across the country, is now
live and ready for public use. The Web Site is "AccessibleTech.org" and its purpose is to build a partnership between the disability and business communities
and to promote full and unrestricted participation in society for persons with disabilities through the promotion of technology that is accessible to all.
To access this Web Site, go to:
www.AccessibleTech.org.
live and ready for public use. The Web Site is "AccessibleTech.org" and its purpose is to build a partnership between the disability and business communities
and to promote full and unrestricted participation in society for persons with disabilities through the promotion of technology that is accessible to all.
To access this Web Site, go to:
www.AccessibleTech.org.
Assemblymember Clifford Crouch Supports Timothy's Law
I have voted in support of Timothy's Law and will continue my support for
A.5659 sponsored by Peter Rivera. This bill removes the December 31, 2009
sunset date on Timothy's Law and thereby makes mental health parity
permanent in New York State. It also requires the Commissioner of Mental
Health to prepare a report on the effectiveness of Timothy's Law by March
31, 2010. Although the Governor's 2009-2010 budget does propose a one year
extension, this bill goes further and makes this important and historic
statute permanent. I fully support A.5659.
Sincerely,
Cliff
A.5659 sponsored by Peter Rivera. This bill removes the December 31, 2009
sunset date on Timothy's Law and thereby makes mental health parity
permanent in New York State. It also requires the Commissioner of Mental
Health to prepare a report on the effectiveness of Timothy's Law by March
31, 2010. Although the Governor's 2009-2010 budget does propose a one year
extension, this bill goes further and makes this important and historic
statute permanent. I fully support A.5659.
Sincerely,
Cliff
Monday, April 6, 2009
Stimulus Bill Provides Business Contracts with Disabled Entrepreneurs
Stimulus Bill Provides Business Contracts with Disabled Entrepreneurs
A stimulus bill being considered by the Secretary of the Treasury may give special consideration to businesses owned by people with disabilities. U.S. Senator
Tom Harkin (D-Iowa) and Enable America, a nonprofit organization with the mission of providing employment opportunities to people with disabilities, have
been working in support of the bill. The original bill included special consideration for businesses owned by women and minorities, but Harkin's version
aims at aiding people with disabilities, a demographic of the population with significantly lower employment rates. Enable America hopes that providing
benefits for employers in the stimulus bill will not only help businesses owned by people with disabilities during difficult economic times, but also will
encourage employers to hire people with disabilities when they might otherwise not be considered for a job.
Full Story:
Stimulus Bill Is a Victory for People with Disabilities, PR.com, February 19, 2009, available at
http://www.pr.com/press-release/133616
A stimulus bill being considered by the Secretary of the Treasury may give special consideration to businesses owned by people with disabilities. U.S. Senator
Tom Harkin (D-Iowa) and Enable America, a nonprofit organization with the mission of providing employment opportunities to people with disabilities, have
been working in support of the bill. The original bill included special consideration for businesses owned by women and minorities, but Harkin's version
aims at aiding people with disabilities, a demographic of the population with significantly lower employment rates. Enable America hopes that providing
benefits for employers in the stimulus bill will not only help businesses owned by people with disabilities during difficult economic times, but also will
encourage employers to hire people with disabilities when they might otherwise not be considered for a job.
Full Story:
Stimulus Bill Is a Victory for People with Disabilities, PR.com, February 19, 2009, available at
http://www.pr.com/press-release/133616
Accessible Voting Down Under
Voting Down Under
Blind fury: vote veto by vision impaired
Phillip Hudson
April 4, 2009
ADVOCATES who are visually impaired will refuse to vote in the next federal election as an act of civil disobedience if the Rudd Government abandons electronically assisted voting.
Special machines - telephone-style keypads and headphones connected to a computer - that allow the visually impaired to cast a secret and unaided vote were introduced at the 2007 election at 29 polling booths.
Human Rights Commissioner Graeme Innes, who is totally blind, said he was overjoyed to cast that vote because he always had to rely on someone to help him.
"I had tears in my eyes," he said. "I was able to exercise what I regard as a very important democratic right."
Mr. Innes is angry at the call by the Parliament's electoral matters committee for the $2.2 million scheme to be scrapped after just one election because only 850 people used it. Disability groups had raised hopes more than 20,000 people would cast electronically assisted votes.
The committee said the cost for each vote cast was $2597, compared with the average cost of $8.36.
Committee chairman, Sydney Labor MP Daryl Melham, said: "I understand their hurt. It was a trial and in terms of turnout and cost per vote. It was a failure.
I don't feel good about making the recommendation."
The deputy chairman, Liberal MP Scott Morrison, said: "It's not a never-ever recommendation.
"If circumstances change, if technology improves, if we're able to get those costs down then the committee would be prepared to look at it again."
Blind Citizens Australia president David Blyth said scrapping the system would be contrary to the recently signed United Nations convention on the rights of persons with a disability. He called for "civil disobedience".
"If my right to vote in a confidential, secret and independent ballot is denied then I choose not to exercise my right to vote,"20Mr Blyth said. "I urge other people who are blind or vision impaired to consider doing the same."
The Greens leader, Senator Bob Brown, said: "Instead of abandoning electronically assisted voting, Australia should be promoting it … on the established principle that the more who use it, the cheaper it gets."
The final decision will be made by the Special Minister of State, John Faulkner.
Provided by:
Helen S. Benlisa
Project HAVA Coordinator
NYAIL Election Reform Committee, Co-Chair
888 NYS HAVA (v/tty)
(888 697 4282) (v/tty)
nyshava@ccfi.us
Catskill Center for Independence
PO Box 1247 Oneonta, New York 13820
607-432-8000 (Voice/TDD) 607-432-6907 fax
www.ccfi.us
"EVERY DAY IS INDEPENDENCE DAY"
Blind fury: vote veto by vision impaired
Phillip Hudson
April 4, 2009
ADVOCATES who are visually impaired will refuse to vote in the next federal election as an act of civil disobedience if the Rudd Government abandons electronically assisted voting.
Special machines - telephone-style keypads and headphones connected to a computer - that allow the visually impaired to cast a secret and unaided vote were introduced at the 2007 election at 29 polling booths.
Human Rights Commissioner Graeme Innes, who is totally blind, said he was overjoyed to cast that vote because he always had to rely on someone to help him.
"I had tears in my eyes," he said. "I was able to exercise what I regard as a very important democratic right."
Mr. Innes is angry at the call by the Parliament's electoral matters committee for the $2.2 million scheme to be scrapped after just one election because only 850 people used it. Disability groups had raised hopes more than 20,000 people would cast electronically assisted votes.
The committee said the cost for each vote cast was $2597, compared with the average cost of $8.36.
Committee chairman, Sydney Labor MP Daryl Melham, said: "I understand their hurt. It was a trial and in terms of turnout and cost per vote. It was a failure.
I don't feel good about making the recommendation."
The deputy chairman, Liberal MP Scott Morrison, said: "It's not a never-ever recommendation.
"If circumstances change, if technology improves, if we're able to get those costs down then the committee would be prepared to look at it again."
Blind Citizens Australia president David Blyth said scrapping the system would be contrary to the recently signed United Nations convention on the rights of persons with a disability. He called for "civil disobedience".
"If my right to vote in a confidential, secret and independent ballot is denied then I choose not to exercise my right to vote,"20Mr Blyth said. "I urge other people who are blind or vision impaired to consider doing the same."
The Greens leader, Senator Bob Brown, said: "Instead of abandoning electronically assisted voting, Australia should be promoting it … on the established principle that the more who use it, the cheaper it gets."
The final decision will be made by the Special Minister of State, John Faulkner.
Provided by:
Helen S. Benlisa
Project HAVA Coordinator
NYAIL Election Reform Committee, Co-Chair
888 NYS HAVA (v/tty)
(888 697 4282) (v/tty)
nyshava@ccfi.us
Catskill Center for Independence
PO Box 1247 Oneonta, New York 13820
607-432-8000 (Voice/TDD) 607-432-6907 fax
www.ccfi.us
"EVERY DAY IS INDEPENDENCE DAY"
Home Health Program Becoming a National Model
Home Health Program Becoming a National Model
The Baptist Health Home Health Network, a program in Arkansas, received national attention for using technology and teamwork to help patients who have trouble understanding and following doctors' orders because of illness, disability or illiteracy. The National Association for Home Care and Hospice is now trying to use the network as a model for a national pilot program. The network is made up of nurses who often call patients at home to check in on them, and use
technology such as a “Telehealth” computer to monitor patients in their homes.
Read the full Story from:
Carolyne Park, Baptist's Home-Health Program Is Seen as a National Model, Arkansas Democrat Gazette, February 2, 2009, available at:
http://www.nwanews.com/adg/News/251269/
The Baptist Health Home Health Network, a program in Arkansas, received national attention for using technology and teamwork to help patients who have trouble understanding and following doctors' orders because of illness, disability or illiteracy. The National Association for Home Care and Hospice is now trying to use the network as a model for a national pilot program. The network is made up of nurses who often call patients at home to check in on them, and use
technology such as a “Telehealth” computer to monitor patients in their homes.
Read the full Story from:
Carolyne Park, Baptist's Home-Health Program Is Seen as a National Model, Arkansas Democrat Gazette, February 2, 2009, available at:
http://www.nwanews.com/adg/News/251269/
Sunday, April 5, 2009
New York State Budget - Victories For People With Disability
New York State Budget Contains Victories For People With Disabilities
The 2009-10 New York State Budget contains a number of victories for people with disabilities, most of which would not have been possible without the ongoing advocacy efforts of all of you. Listed below are some budget highlights of particular interest to ILCs the Statewide Systems Advocacy Network and people with disabilities.
We will keep you up-to-date as further budget analyses are done and as we track movement of additional legislation on the NYAIL Disability Priority Agenda. Many thanks to all of you for your dedication and hard work fighting for the rights of people with disabilities year round.
ILC Funding remains level for 2009-2010 at the 2008-2009 level of $12,361,000.
We were successful in avoiding cuts in the proposed 2009-10 Executive Budget and the Legislature approved the ILC appropriation as proposed.
Restoration of SSI cuts - Thanks in large part to your endless calls, faxes, letters and emails; the Governor and Legislature have restored funding for the state share of SSI for people with disabilities.
CDPAP - The budget includes $500,000 for expanding participation in the Consumer Directed Personal Assistance Program, including contracts with peer based programs to assist those eligible, provide education and outreach, as well as training for discharge planners, LDSS and others. In addition, the CDPAP statute will be amended to include county enrollment targets for CDPAP and annual implementation plans to DOH by counties that promote consistency regarding approved service levels across the state. These requirements will broaden access to the CDPAP program throughout the state.
Regional Long Term Care Assessment Centers - there will be a three year demonstration program established with two long term care assessment centers, one in a county within NYC and the second in another region consisting of one or more contiguous counties elsewhere in the state. The intent of the
established centers will be to consolidate and standardize the assessment and
authorization process for home and personal care services, allowing the state
to better manage Medicaid resources, including due process provisions and
consumer oversight, ensuring that individuals receive the services they need to
stay in the community. The commissioner of health will be responsible for
submitting bi-annual reports on the centers to the Governor and State Leaders
which will include an assessment of the project, an analysis of the level and
costs of the services and recipient satisfaction.
The Cash and Counseling Demonstration proposed in the Governors Budget has been rejected.
Cuts to home care and personal care rates were restored; however the 2008 and 2009 trend factors have been eliminated and an assessment will be collected of 0.35% on home care provider revenues effective March 1, 2009.
An appropriation of $2,303,000 was made available for housing subsidies to participants in the Nursing Facility Transition and Diversion (NFTD) waiver.
No premium increases for Medicaid Buy-In Program for Working People with Disabilities.
Elimination of barriers to general Medicaid application such as the asset test, finger printing and face-to-face interview requirements.
Pharmaceutical Reforms - Efforts to preserve Medicaid pharmacy benefits for people with psychiatric disabilities were successful in that the proposal to expand the Preferred Drug List to include antidepressants was rejected.
Proposals to eliminate EPIC Part D wrap and Medicaid wrap around coverage for dual eligible with Part D were also rejected. However, limits on frequency, amount and duration of prescriptions in Medicaid, as well as the creation of a step-therapy approach for prior authorization were approved.
The proposal to weaken and delay NYs SHU Law, the law to end solitary confinement of state prisoners with psychiatric disabilities, was rejected.
The 2009-10 New York State Budget contains a number of victories for people with disabilities, most of which would not have been possible without the ongoing advocacy efforts of all of you. Listed below are some budget highlights of particular interest to ILCs the Statewide Systems Advocacy Network and people with disabilities.
We will keep you up-to-date as further budget analyses are done and as we track movement of additional legislation on the NYAIL Disability Priority Agenda. Many thanks to all of you for your dedication and hard work fighting for the rights of people with disabilities year round.
ILC Funding remains level for 2009-2010 at the 2008-2009 level of $12,361,000.
We were successful in avoiding cuts in the proposed 2009-10 Executive Budget and the Legislature approved the ILC appropriation as proposed.
Restoration of SSI cuts - Thanks in large part to your endless calls, faxes, letters and emails; the Governor and Legislature have restored funding for the state share of SSI for people with disabilities.
CDPAP - The budget includes $500,000 for expanding participation in the Consumer Directed Personal Assistance Program, including contracts with peer based programs to assist those eligible, provide education and outreach, as well as training for discharge planners, LDSS and others. In addition, the CDPAP statute will be amended to include county enrollment targets for CDPAP and annual implementation plans to DOH by counties that promote consistency regarding approved service levels across the state. These requirements will broaden access to the CDPAP program throughout the state.
Regional Long Term Care Assessment Centers - there will be a three year demonstration program established with two long term care assessment centers, one in a county within NYC and the second in another region consisting of one or more contiguous counties elsewhere in the state. The intent of the
established centers will be to consolidate and standardize the assessment and
authorization process for home and personal care services, allowing the state
to better manage Medicaid resources, including due process provisions and
consumer oversight, ensuring that individuals receive the services they need to
stay in the community. The commissioner of health will be responsible for
submitting bi-annual reports on the centers to the Governor and State Leaders
which will include an assessment of the project, an analysis of the level and
costs of the services and recipient satisfaction.
The Cash and Counseling Demonstration proposed in the Governors Budget has been rejected.
Cuts to home care and personal care rates were restored; however the 2008 and 2009 trend factors have been eliminated and an assessment will be collected of 0.35% on home care provider revenues effective March 1, 2009.
An appropriation of $2,303,000 was made available for housing subsidies to participants in the Nursing Facility Transition and Diversion (NFTD) waiver.
No premium increases for Medicaid Buy-In Program for Working People with Disabilities.
Elimination of barriers to general Medicaid application such as the asset test, finger printing and face-to-face interview requirements.
Pharmaceutical Reforms - Efforts to preserve Medicaid pharmacy benefits for people with psychiatric disabilities were successful in that the proposal to expand the Preferred Drug List to include antidepressants was rejected.
Proposals to eliminate EPIC Part D wrap and Medicaid wrap around coverage for dual eligible with Part D were also rejected. However, limits on frequency, amount and duration of prescriptions in Medicaid, as well as the creation of a step-therapy approach for prior authorization were approved.
The proposal to weaken and delay NYs SHU Law, the law to end solitary confinement of state prisoners with psychiatric disabilities, was rejected.
Wednesday, April 1, 2009
Transit outlook grimmer after record '08
Transit outlook grimmer after record '08
By
Marisol Bello,
USA TODAY
The number of people riding buses and trains hit a 52-year high in 2008 as skyrocketing gas prices and a faltering economy pushed riders toward less expensive
travel.
Public transit ridership last year increased 4% to 10.7 billion rides, according to a report released Monday by the American Public Transportation Association.
PUBLIC TRANSIT:
Usage rises from 2007
The outlook is gloomy, though. Ridership growth in the fourth quarter slowed as more commuters lost their jobs and budget shortfalls pushed transit systems
to reduce service or raise fares.
The number of rides from October through December increased 2% to 2.7 billion compared with the same period a year earlier.
Unemployment reached a 25-year high of 8% in February, the government reported Friday.
The more it rises, the more ridership will shrink, says William Millar, the association's president.
"If people don't have the jobs, they are not taking those trips," Millar says. He says 58% of public transit riders are people going to and from work.
At the same time, cuts in state and local funding are forcing agencies to raise fares and reduce service, Millar says.
Congress has approved $8.4 billion in federal stimulus money for public transportation systems, but that won't close the gap, he says, because the funding
is mostly for capital projects such as building new rail lines or buying new buses and train cars, not operating expenses.
There are signs the boom of 2008 is stalling.
In Boston, 11 consecutive months of ridership increases on the Massachusetts Bay Transportation Authority ended in December when weekday rides fell 2% from
December 2007. In January, ridership fell 3% from January 2008.
The decline "was likely a result of increasing unemployment, a struggling economy and low gas prices, which generally lead to fewer public transit trips
being taken," spokesman Joe Pesaturo says.
The agency raised parking lot fees in November and is considering raising fares by at least 20% and eliminating 20 bus routes.
Even agencies that saw growth in January are preparing for leaner times.
Rides in the Sacramento Regional Transit District were up 10% in January compared with a year earlier.
Still, general manager Mike Wiley says, the system had to increase the base fare 25 cents to $2.25 because he expects state funding and sales tax revenue
to decrease.
The Charlotte Area Transit System saw a 4% increase in January from January 2008. However, CEO Keith Parker says he expects layoffs to mean fewer commuters.
Unemployment in the Charlotte area increased to 9% in December, compared with 5% a year earlier.
The agency increased the base fare from $1.30 to $1.50, eliminated six bus routes and cut hours of service to deal with an anticipated drop in revenue.
"It's going to happen nationwide," Parker says. "If your primary function is get people to and from work and you're seeing unemployment numbers the likes
of which we haven't seen in a generation, I don't know how you're not impacted."
By
Marisol Bello,
USA TODAY
The number of people riding buses and trains hit a 52-year high in 2008 as skyrocketing gas prices and a faltering economy pushed riders toward less expensive
travel.
Public transit ridership last year increased 4% to 10.7 billion rides, according to a report released Monday by the American Public Transportation Association.
PUBLIC TRANSIT:
Usage rises from 2007
The outlook is gloomy, though. Ridership growth in the fourth quarter slowed as more commuters lost their jobs and budget shortfalls pushed transit systems
to reduce service or raise fares.
The number of rides from October through December increased 2% to 2.7 billion compared with the same period a year earlier.
Unemployment reached a 25-year high of 8% in February, the government reported Friday.
The more it rises, the more ridership will shrink, says William Millar, the association's president.
"If people don't have the jobs, they are not taking those trips," Millar says. He says 58% of public transit riders are people going to and from work.
At the same time, cuts in state and local funding are forcing agencies to raise fares and reduce service, Millar says.
Congress has approved $8.4 billion in federal stimulus money for public transportation systems, but that won't close the gap, he says, because the funding
is mostly for capital projects such as building new rail lines or buying new buses and train cars, not operating expenses.
There are signs the boom of 2008 is stalling.
In Boston, 11 consecutive months of ridership increases on the Massachusetts Bay Transportation Authority ended in December when weekday rides fell 2% from
December 2007. In January, ridership fell 3% from January 2008.
The decline "was likely a result of increasing unemployment, a struggling economy and low gas prices, which generally lead to fewer public transit trips
being taken," spokesman Joe Pesaturo says.
The agency raised parking lot fees in November and is considering raising fares by at least 20% and eliminating 20 bus routes.
Even agencies that saw growth in January are preparing for leaner times.
Rides in the Sacramento Regional Transit District were up 10% in January compared with a year earlier.
Still, general manager Mike Wiley says, the system had to increase the base fare 25 cents to $2.25 because he expects state funding and sales tax revenue
to decrease.
The Charlotte Area Transit System saw a 4% increase in January from January 2008. However, CEO Keith Parker says he expects layoffs to mean fewer commuters.
Unemployment in the Charlotte area increased to 9% in December, compared with 5% a year earlier.
The agency increased the base fare from $1.30 to $1.50, eliminated six bus routes and cut hours of service to deal with an anticipated drop in revenue.
"It's going to happen nationwide," Parker says. "If your primary function is get people to and from work and you're seeing unemployment numbers the likes
of which we haven't seen in a generation, I don't know how you're not impacted."
Recession hits Social Security increases
AP
Recession hits Social Security increases
Budget experts predict no Social Security cost-of-living increases for 3 years
Stephen Ohlemacher, Associated Press Writer
Tuesday March 31, 2009
WASHINGTON (AP) -- The recession is projected to wipe out annual cost-of-living increases for 50 million Social Security beneficiaries for the next three
years, something that hasn't happened since automatic adjustments were adopted in 1975.
The Congressional Budget Office says in its latest budget estimates that inflation will dip so low that Social Security recipients will not qualify for
annual increases in 2010, or for two years after that. In 2013 through 2019 -- when projections are less reliable -- CBO estimates annual increases of
2 percent each year, which would be among the lowest.
David Certner, director of legislative policy for the AARP, said many recipients rely on those increases to help pay for rising health care costs, which
tend to outpace inflation. Many older Americans have also seen the values of their homes and savings decrease because of the nation's financial crisis.
"They are going to feel like they are falling behind," Certner said.
If the projections hold true, Social Security recipients would forgo a total of $378 billion in increased payments through 2019, according to the CBO estimates.
The Social Security Administration will set next year's cost-of-living adjustment in October, based on inflation over the previous year, as measured by
the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), spokesman Mark Lassiter said.
The Congressional Budget Office projects that consumer prices will drop this year by 0.7 percent, a slightly bigger drop than projected by the Obama administration,
but smaller than some private projections.
Since 1975, when automatic increases were adopted, the smallest cost-of-living increase for Social Security was 1.3 percent, in 1986 and 1998. In 2008,
the increase was 5.8 percent, according to the Social Security Administration.
The estimates were included in the CBO's 2010 budget projections issued last week. In the report, CBO projects that the Social Security trust funds will
collect just $3 billion more in cash receipts than they will pay out in benefits in the 2010 budget year that starts in October. A year ago, before the
economy slipped into recession, the CBO projected an $86 billion cash surplus for the same year.
The development will have little practical effect on the program's short-term operation, thanks in part to an additional $116 billion in interest income,
as well as a $2.4 trillion balance in the Social Security trust funds. Most of that balance is on loan to the government to pay for other federal programs.
The smaller cash surplus would reduce the government's ability to borrow more from the trust funds, by about $83 billion. But that represents only a small
portion of the more than $1 trillion the government is expected to borrow next year.
The shrinking Social Security surplus does highlight future problems for a retirement system that has to accommodate the post-World War II baby boomers
reaching retirement age.
The Social Security Administration projected last year that the trust funds will begin paying out more than they collect in payroll taxes in 2017.
By 2041, the balance will be exhausted unless major changes are made, such as levying more payroll taxes on high earners, changing the formula for annual
cost-of-living benefit increases or raising the retirement age.
The administration is scheduled to issue new long-term projections in about a month.
Christian Weller, an associate professor of public policy at the University of Massachusetts in Boston, said the Congressional Budget Office figures highlight
the program's dependence on a strong employment market.
"If you lose millions of jobs, you have millions fewer taxpayers. That will put a damper on the tax receipts that Social Security gets," Weller said.
He said it is unclear whether the recession will have much impact on the long-term solvency of Social Security. That depends on how quickly the economy
recovers and the long-term growth rate, he said.
Copyright © 2008 The Associated Press.
http://finance.yahoo.com/news/Recession-hits-Social-apf-14806888.html
Recession hits Social Security increases
Budget experts predict no Social Security cost-of-living increases for 3 years
Stephen Ohlemacher, Associated Press Writer
Tuesday March 31, 2009
WASHINGTON (AP) -- The recession is projected to wipe out annual cost-of-living increases for 50 million Social Security beneficiaries for the next three
years, something that hasn't happened since automatic adjustments were adopted in 1975.
The Congressional Budget Office says in its latest budget estimates that inflation will dip so low that Social Security recipients will not qualify for
annual increases in 2010, or for two years after that. In 2013 through 2019 -- when projections are less reliable -- CBO estimates annual increases of
2 percent each year, which would be among the lowest.
David Certner, director of legislative policy for the AARP, said many recipients rely on those increases to help pay for rising health care costs, which
tend to outpace inflation. Many older Americans have also seen the values of their homes and savings decrease because of the nation's financial crisis.
"They are going to feel like they are falling behind," Certner said.
If the projections hold true, Social Security recipients would forgo a total of $378 billion in increased payments through 2019, according to the CBO estimates.
The Social Security Administration will set next year's cost-of-living adjustment in October, based on inflation over the previous year, as measured by
the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), spokesman Mark Lassiter said.
The Congressional Budget Office projects that consumer prices will drop this year by 0.7 percent, a slightly bigger drop than projected by the Obama administration,
but smaller than some private projections.
Since 1975, when automatic increases were adopted, the smallest cost-of-living increase for Social Security was 1.3 percent, in 1986 and 1998. In 2008,
the increase was 5.8 percent, according to the Social Security Administration.
The estimates were included in the CBO's 2010 budget projections issued last week. In the report, CBO projects that the Social Security trust funds will
collect just $3 billion more in cash receipts than they will pay out in benefits in the 2010 budget year that starts in October. A year ago, before the
economy slipped into recession, the CBO projected an $86 billion cash surplus for the same year.
The development will have little practical effect on the program's short-term operation, thanks in part to an additional $116 billion in interest income,
as well as a $2.4 trillion balance in the Social Security trust funds. Most of that balance is on loan to the government to pay for other federal programs.
The smaller cash surplus would reduce the government's ability to borrow more from the trust funds, by about $83 billion. But that represents only a small
portion of the more than $1 trillion the government is expected to borrow next year.
The shrinking Social Security surplus does highlight future problems for a retirement system that has to accommodate the post-World War II baby boomers
reaching retirement age.
The Social Security Administration projected last year that the trust funds will begin paying out more than they collect in payroll taxes in 2017.
By 2041, the balance will be exhausted unless major changes are made, such as levying more payroll taxes on high earners, changing the formula for annual
cost-of-living benefit increases or raising the retirement age.
The administration is scheduled to issue new long-term projections in about a month.
Christian Weller, an associate professor of public policy at the University of Massachusetts in Boston, said the Congressional Budget Office figures highlight
the program's dependence on a strong employment market.
"If you lose millions of jobs, you have millions fewer taxpayers. That will put a damper on the tax receipts that Social Security gets," Weller said.
He said it is unclear whether the recession will have much impact on the long-term solvency of Social Security. That depends on how quickly the economy
recovers and the long-term growth rate, he said.
Copyright © 2008 The Associated Press.
http://finance.yahoo.com/news/Recession-hits-Social-apf-14806888.html
The race in New York’s 20th Congressional District
The race in New York’s 20th Congressional District
The race in the 20th Congressional District between Republican Jim Tedisco and Democrat Scott Murphy is too close to call.
According to the Albany Times Union, With 100 percent of precincts reporting, Murphy leads Tedisco by only 59 votes, 77,344 to 77,285.
Thousands of absentee ballots will essentially decide the race - but not until after April 13.
Visit The Albany Times Union at:
timesunion.com/
for vote totals and more information about the race by county.
The race in the 20th Congressional District between Republican Jim Tedisco and Democrat Scott Murphy is too close to call.
According to the Albany Times Union, With 100 percent of precincts reporting, Murphy leads Tedisco by only 59 votes, 77,344 to 77,285.
Thousands of absentee ballots will essentially decide the race - but not until after April 13.
Visit The Albany Times Union at:
timesunion.com/
for vote totals and more information about the race by county.
Monday, March 30, 2009
GOVERNOR PATERSON ANNOUNCES ENACTED BUDGET AGREEMENT INCLUDES MAJOR REFORMS TO NEW YORK’S HEALTH CARE SYSTEM, RECORD SAVINGS FOR TAXPAYERS
http://www.ny.gov/governor/press/press_0329094.html
FOR IMMEDIATE RELEASE:
March 29, 2009
GOVERNOR PATERSON ANNOUNCES ENACTED BUDGET AGREEMENT INCLUDES MAJOR REFORMS TO NEW YORK’S HEALTH CARE SYSTEM, RECORD SAVINGS FOR TAXPAYERS
Invests in Primary and Preventative Care as Part of $2.3 Billion Savings Plan
Governor David A. Paterson today announced that the Enacted Budget will include major, permanent reforms to the way health care is delivered in New York
to rationalize the State’s Medicaid reimbursement system and provide increased investment in primary and preventative care. The budget also includes a
record $2.3 billion health care savings plan to help address an unprecedented $17.7 billion budget deficit.
“These historic reforms represent the most dramatic overhaul to our health care system in decades,” said Governor Paterson. “The changes we are making
will provide increased investment in primary and preventative care, which will help save money and save lives. Our new reimbursement reforms give us vastly
improved tools to contain costs and improve quality of care. This plan makes government more accountable to taxpayers while delivering positive results
for New Yorkers.”
Reimbursement Reform
Hospitals/Clinics
Historically, New York has overpaid for inpatient care and provided insufficient resources for primary care. By reducing inflated inpatient rates by $225
million, this budget brings inpatient reimbursement closer to actual costs – making Medicaid a smarter purchaser. Additionally, for the first time in more
than two decades, Medicaid will pay a fair price for primary and other outpatient services in hospital clinics. This and other savings actions allow New
York to invest $290 million in primary and preventive care and avoid unnecessary and expensive hospitalizations, creating a higher quality and more sustainable
system. New outpatient investments include:
list of 3 items
list of 3 items nesting level 1
• $92 million on a full annual basis in hospital clinics; combined with the reforms in the 2008-09 Enacted Budget, overall investment in hospital clinics
will total $180 million.
• $37.5 million in community health centers; combined with the reforms in the 2008-09 Enacted Budget, overall investment in community health centers will
total $50 million.
• $68 million in fees to doctors and nurse practitioners; combined with the reforms in the 2008-09 Enacted Budget, overall investment in fees to doctors
and nurse practitioners will total $188 million; and other investments.
list end nesting level 1
list end
The Enacted Budget recognizes the fact that hospitals will face challenges when adapting to a more rational reimbursement system, creating efficiencies
in their operations, and re-aligning their business models towards primary care. To assist them, this budget includes a $75 million Transitional Reform
Fund. This “bridge to reform” provides affected institutions with a greater opportunity to adjust their operations through enhanced resources as they realign
their delivery model away from expensive inpatient care and towards primary and preventive care and maintain services for uninsured patients. Other initiatives
include:
list of 5 items
list of 5 items nesting level 1
• Making an additional $283 million available to hospitals to cover the costs of uninsured patients.
• Maintaining New York’s commitment to its academic medical centers by creating a $24.5 million pool of funds to allow them to drive positive change through
research and best practice development
• Making an additional $55 million available to community health centers to cover the costs of uninsured patients, subject to federal approval.
• Making $50 million available to hospitals serving the largest numbers of Medicaid patients to buffer the impact of the budget reductions and reflect the
additional costs associated with serving disproportionately large numbers of low-income patients.
• Making $16 million available to community hospitals to buffer the impact of the budget reductions.
list end nesting level 1
list end
Further, the budget includes a designated pool of $25 million in discretionary HEAL funding (which becomes a total of $50 million when matched with federal
funding through the Federal-State Health Reform Partnership (FSHRP)) to assist struggling safety net and other hospitals with the capital for restructuring
necessary to transition to a new reimbursement system. Finally, the budget authorizes the Department of Health to pursue a waiver from the federal government,
as part of the State’s renewal on its current 1115 waiver this year, to seek enhanced federal matching dollars to support hospital and primary care reform.
Long-term Care
The budget makes critical reforms to rebalance the long-term care system, which is essential as New York prepares for the aging of the baby boom generation.
As with hospitals, the long-term care reforms rationalize the nursing home reimbursement system to enhance value and incentivize quality, create a process
to examine and make recommendations on modernizing the home health care system and put in place measures to expand access to alternatives to nursing home
care to ensure that seniors and the disabled receive the high quality care they need in the least restrictive, most appropriate setting.
This budget adopts a new nursing home reimbursement methodology to take effect on April 1, 2010, that, for the first time, will drive efficiency while
providing for quality and workforce development. A workgroup of industry representatives, consumers, workers and experts will be convened to inform the
development of this new payment methodology.
The Enacted Budget will initiate a workgroup of industry representatives, consumers, workers and experts to inform the development of a new home health
care reimbursement methodology. The Enacted Budget also creates a pilot Long Term Care Assessment Center to consolidate and standardize the assessment
and Medicaid authorization process, allowing the State to plan and manage limited resources while ensuring individuals receive the services and supports
they need to remain in their communities. Beginning in January 2010, the first centers in one borough of New York City and one Upstate county will be implemented
for new cases.
Alternatives to the nursing home care are expanded to allow seniors and the disabled to remain in the community by:
list of 2 items
list of 2 items nesting level 1
• Doubling the availability of assisted living by closing 6,000 unnecessary nursing home beds to be replaced by 6,000 new Assisting Living Program beds
over the next five years. $100 million in existing HEAL funding has been earmarked to facilitate this transition and to ensure that the nursing home infrastructure
remains both safe and sound;
• The Enacted Budget also creates a workgroup of industry representatives, consumers, workers and experts to inform the development of a new home health
care reimbursement methodology.
list end nesting level 1
list end
Savings Plan
The Enacted Budget includes a Health Care savings package totaling $2.3 billion in 2009-10 – the largest amount in State history (previous high was $1.2
billion in 2005-06), including actions taken in the Deficit Reduction Plan. The 2009-10 Executive Budget recommended $3.5 billion of health care savings,
which included a $404 million tax on non-diet soft drinks that Governor Paterson and legislative leaders previously agreed to eliminate.
table with 3 columns and 13 rows
Sector
2009-10 Exec. Budget (Millions)
2009-10 Enacted Budget (Millions)
Hospitals
700
306
Nursing Homes
398
225
Home Care
189
68
Pharmacy
99
28
Insurance
855
744
Medicaid Fraud
125
175
Utilization Management
24
13
Managed Care
84
152
Other Actions
520
514
All Other Public Health
110
80
Non-diet Soft Drink Tax
404
0
Total
3,508
2,305
table end
Hospitals/Clinics
The Enacted Budget includes $306.4 million in 2009-10 hospital/clinic savings – the largest amount in State history (previous high was $172 million in
2007-08). Major savings initiatives include eliminating a planned trend (inflation) factor ($68.6 million), instituting a 0.35 percent assessment on hospital
revenues ($124.3 million), reallocating Graduate Medical Education funding ($141.3 million), and others.
Nursing Homes
The Enacted Budget includes $224.6 million in 2009-10 nursing home savings – the second largest amount in State history (highest was $298.8 million in
2002-03). Major savings initiatives include eliminating a planned trend (inflation) factor ($101.2 million) and making alterations to Medicaid reimbursements
($95 million) and others.
Home Care
The Enacted Budget includes $68.1 million in 2009-10 home care savings – the largest amount in State history (previous high was $15.3 million in 2004-05).
Major savings initiatives include eliminating a planned trend (inflation) factor ($60.4 million) and establishing an assessment on total home care provider
revenues that was previously in effect from 1995 through 1999 ($14.2 million).
Pharmacy
The Enacted Budget includes $27.7 million in 2009-10 pharmacy savings. Major savings initiatives include limiting the quantity, frequency and duration
of certain dispensed medications ($7.5 million), requiring step therapy for certain drugs ($0.5 million), discontinuing participation in the National Medicaid
Pooling Initiative to allow the State to negotiate supplemental rebates directly with manufacturers ($1.8 million), and others.
The budget agreement authorizes DOH to negotiate directly with drug manufacturers to secure better rebates on prescription drugs. Before the implementation
of this program the ability to secure rebates was limited to drugs included in the State’s preferred drug program which limited both the number of drugs
and amount of the rebate the state could get. This new authority will use Medicaid’s significant purchasing power to secure deeper discounts on prescription
drugs already on the preferred drug list and expand the rebate program to additional drugs. When fully implemented in two years, additional savings from
rebates are expected to be over $167 million.
Insurance
The Enacted Budget reflects $738.5 million in assessments placed upon insurers in the 2008-09 Deficit Reduction Plan, as well as the extension of the covered
lives assessment to insurers headquartered out-of-state ($5 million).
Other Actions
The Enacted Budget recommends a number of other savings actions, including increasing the Medicaid Fraud audit target ($175 million), reducing anti-tobacco
funding ($10 million), taxing for-profit HMOs consistently with insurance companies ($107 million), utilization management ($13.3 million), increasing
the retail tobacco fee ($18.5 million), delaying a scheduled Medicaid cycle payment ($400 million), as well as implementing other managed care and public
health savings.
Expanding Access to Coverage, Public Health Investments
To help enable eligible children and adults to secure and keep coverage, face-to-face interview, finger imaging, and asset test requirements are eliminated.
Also, barriers to enrollment in Family Health Plus by public employees and 19- and 20-year-olds who do not live with their parents will be removed. The
Department is also authorized to seek federal support to expand coverage for low-income adults up to 200 percent of the federal poverty level, making more
than 400,000 additional adults eligible for coverage.
The Enacted Budget also supports a number of key public health investments, including funding for food pantries at a time of growing need ($4.4 million),
lead poisoning prevention ($2.5 million), cancer screening ($3.2 million), anti-obesity programs ($1 million), and other priorities.
FOR IMMEDIATE RELEASE:
March 29, 2009
GOVERNOR PATERSON ANNOUNCES ENACTED BUDGET AGREEMENT INCLUDES MAJOR REFORMS TO NEW YORK’S HEALTH CARE SYSTEM, RECORD SAVINGS FOR TAXPAYERS
Invests in Primary and Preventative Care as Part of $2.3 Billion Savings Plan
Governor David A. Paterson today announced that the Enacted Budget will include major, permanent reforms to the way health care is delivered in New York
to rationalize the State’s Medicaid reimbursement system and provide increased investment in primary and preventative care. The budget also includes a
record $2.3 billion health care savings plan to help address an unprecedented $17.7 billion budget deficit.
“These historic reforms represent the most dramatic overhaul to our health care system in decades,” said Governor Paterson. “The changes we are making
will provide increased investment in primary and preventative care, which will help save money and save lives. Our new reimbursement reforms give us vastly
improved tools to contain costs and improve quality of care. This plan makes government more accountable to taxpayers while delivering positive results
for New Yorkers.”
Reimbursement Reform
Hospitals/Clinics
Historically, New York has overpaid for inpatient care and provided insufficient resources for primary care. By reducing inflated inpatient rates by $225
million, this budget brings inpatient reimbursement closer to actual costs – making Medicaid a smarter purchaser. Additionally, for the first time in more
than two decades, Medicaid will pay a fair price for primary and other outpatient services in hospital clinics. This and other savings actions allow New
York to invest $290 million in primary and preventive care and avoid unnecessary and expensive hospitalizations, creating a higher quality and more sustainable
system. New outpatient investments include:
list of 3 items
list of 3 items nesting level 1
• $92 million on a full annual basis in hospital clinics; combined with the reforms in the 2008-09 Enacted Budget, overall investment in hospital clinics
will total $180 million.
• $37.5 million in community health centers; combined with the reforms in the 2008-09 Enacted Budget, overall investment in community health centers will
total $50 million.
• $68 million in fees to doctors and nurse practitioners; combined with the reforms in the 2008-09 Enacted Budget, overall investment in fees to doctors
and nurse practitioners will total $188 million; and other investments.
list end nesting level 1
list end
The Enacted Budget recognizes the fact that hospitals will face challenges when adapting to a more rational reimbursement system, creating efficiencies
in their operations, and re-aligning their business models towards primary care. To assist them, this budget includes a $75 million Transitional Reform
Fund. This “bridge to reform” provides affected institutions with a greater opportunity to adjust their operations through enhanced resources as they realign
their delivery model away from expensive inpatient care and towards primary and preventive care and maintain services for uninsured patients. Other initiatives
include:
list of 5 items
list of 5 items nesting level 1
• Making an additional $283 million available to hospitals to cover the costs of uninsured patients.
• Maintaining New York’s commitment to its academic medical centers by creating a $24.5 million pool of funds to allow them to drive positive change through
research and best practice development
• Making an additional $55 million available to community health centers to cover the costs of uninsured patients, subject to federal approval.
• Making $50 million available to hospitals serving the largest numbers of Medicaid patients to buffer the impact of the budget reductions and reflect the
additional costs associated with serving disproportionately large numbers of low-income patients.
• Making $16 million available to community hospitals to buffer the impact of the budget reductions.
list end nesting level 1
list end
Further, the budget includes a designated pool of $25 million in discretionary HEAL funding (which becomes a total of $50 million when matched with federal
funding through the Federal-State Health Reform Partnership (FSHRP)) to assist struggling safety net and other hospitals with the capital for restructuring
necessary to transition to a new reimbursement system. Finally, the budget authorizes the Department of Health to pursue a waiver from the federal government,
as part of the State’s renewal on its current 1115 waiver this year, to seek enhanced federal matching dollars to support hospital and primary care reform.
Long-term Care
The budget makes critical reforms to rebalance the long-term care system, which is essential as New York prepares for the aging of the baby boom generation.
As with hospitals, the long-term care reforms rationalize the nursing home reimbursement system to enhance value and incentivize quality, create a process
to examine and make recommendations on modernizing the home health care system and put in place measures to expand access to alternatives to nursing home
care to ensure that seniors and the disabled receive the high quality care they need in the least restrictive, most appropriate setting.
This budget adopts a new nursing home reimbursement methodology to take effect on April 1, 2010, that, for the first time, will drive efficiency while
providing for quality and workforce development. A workgroup of industry representatives, consumers, workers and experts will be convened to inform the
development of this new payment methodology.
The Enacted Budget will initiate a workgroup of industry representatives, consumers, workers and experts to inform the development of a new home health
care reimbursement methodology. The Enacted Budget also creates a pilot Long Term Care Assessment Center to consolidate and standardize the assessment
and Medicaid authorization process, allowing the State to plan and manage limited resources while ensuring individuals receive the services and supports
they need to remain in their communities. Beginning in January 2010, the first centers in one borough of New York City and one Upstate county will be implemented
for new cases.
Alternatives to the nursing home care are expanded to allow seniors and the disabled to remain in the community by:
list of 2 items
list of 2 items nesting level 1
• Doubling the availability of assisted living by closing 6,000 unnecessary nursing home beds to be replaced by 6,000 new Assisting Living Program beds
over the next five years. $100 million in existing HEAL funding has been earmarked to facilitate this transition and to ensure that the nursing home infrastructure
remains both safe and sound;
• The Enacted Budget also creates a workgroup of industry representatives, consumers, workers and experts to inform the development of a new home health
care reimbursement methodology.
list end nesting level 1
list end
Savings Plan
The Enacted Budget includes a Health Care savings package totaling $2.3 billion in 2009-10 – the largest amount in State history (previous high was $1.2
billion in 2005-06), including actions taken in the Deficit Reduction Plan. The 2009-10 Executive Budget recommended $3.5 billion of health care savings,
which included a $404 million tax on non-diet soft drinks that Governor Paterson and legislative leaders previously agreed to eliminate.
table with 3 columns and 13 rows
Sector
2009-10 Exec. Budget (Millions)
2009-10 Enacted Budget (Millions)
Hospitals
700
306
Nursing Homes
398
225
Home Care
189
68
Pharmacy
99
28
Insurance
855
744
Medicaid Fraud
125
175
Utilization Management
24
13
Managed Care
84
152
Other Actions
520
514
All Other Public Health
110
80
Non-diet Soft Drink Tax
404
0
Total
3,508
2,305
table end
Hospitals/Clinics
The Enacted Budget includes $306.4 million in 2009-10 hospital/clinic savings – the largest amount in State history (previous high was $172 million in
2007-08). Major savings initiatives include eliminating a planned trend (inflation) factor ($68.6 million), instituting a 0.35 percent assessment on hospital
revenues ($124.3 million), reallocating Graduate Medical Education funding ($141.3 million), and others.
Nursing Homes
The Enacted Budget includes $224.6 million in 2009-10 nursing home savings – the second largest amount in State history (highest was $298.8 million in
2002-03). Major savings initiatives include eliminating a planned trend (inflation) factor ($101.2 million) and making alterations to Medicaid reimbursements
($95 million) and others.
Home Care
The Enacted Budget includes $68.1 million in 2009-10 home care savings – the largest amount in State history (previous high was $15.3 million in 2004-05).
Major savings initiatives include eliminating a planned trend (inflation) factor ($60.4 million) and establishing an assessment on total home care provider
revenues that was previously in effect from 1995 through 1999 ($14.2 million).
Pharmacy
The Enacted Budget includes $27.7 million in 2009-10 pharmacy savings. Major savings initiatives include limiting the quantity, frequency and duration
of certain dispensed medications ($7.5 million), requiring step therapy for certain drugs ($0.5 million), discontinuing participation in the National Medicaid
Pooling Initiative to allow the State to negotiate supplemental rebates directly with manufacturers ($1.8 million), and others.
The budget agreement authorizes DOH to negotiate directly with drug manufacturers to secure better rebates on prescription drugs. Before the implementation
of this program the ability to secure rebates was limited to drugs included in the State’s preferred drug program which limited both the number of drugs
and amount of the rebate the state could get. This new authority will use Medicaid’s significant purchasing power to secure deeper discounts on prescription
drugs already on the preferred drug list and expand the rebate program to additional drugs. When fully implemented in two years, additional savings from
rebates are expected to be over $167 million.
Insurance
The Enacted Budget reflects $738.5 million in assessments placed upon insurers in the 2008-09 Deficit Reduction Plan, as well as the extension of the covered
lives assessment to insurers headquartered out-of-state ($5 million).
Other Actions
The Enacted Budget recommends a number of other savings actions, including increasing the Medicaid Fraud audit target ($175 million), reducing anti-tobacco
funding ($10 million), taxing for-profit HMOs consistently with insurance companies ($107 million), utilization management ($13.3 million), increasing
the retail tobacco fee ($18.5 million), delaying a scheduled Medicaid cycle payment ($400 million), as well as implementing other managed care and public
health savings.
Expanding Access to Coverage, Public Health Investments
To help enable eligible children and adults to secure and keep coverage, face-to-face interview, finger imaging, and asset test requirements are eliminated.
Also, barriers to enrollment in Family Health Plus by public employees and 19- and 20-year-olds who do not live with their parents will be removed. The
Department is also authorized to seek federal support to expand coverage for low-income adults up to 200 percent of the federal poverty level, making more
than 400,000 additional adults eligible for coverage.
The Enacted Budget also supports a number of key public health investments, including funding for food pantries at a time of growing need ($4.4 million),
lead poisoning prevention ($2.5 million), cancer screening ($3.2 million), anti-obesity programs ($1 million), and other priorities.
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