CCFI-Advocate

Primary Day and the New Electronic Voting Machines

2010-09-15T05:53:00.000-07:00

Now that primary day is in the past and everyone has had the opportunity to use an electronic voting machine, what were your experiences? Do you prefer using the new Optical Scanner as opposed to the lever machines? Did you find the new machine to be accessible?

I would appreciate any comments.

Thanks much in advance.

Charlie Reichardt

Urge Governor to Sign the Poll Site Acdess bill

2010-09-14T11:34:00.000-07:00

Governor Paterson has until Friday to act on the Poll Site Access Bill. The Governor's office needs to hear from us!

Action: Call the Governor's office at 518-474-8390 and leave a message urging the Governor to sign the Poll Site Access Bill into law. If you or someone you know with a disability encountered accessibility issues at the poll site for today's primary elections, incorporate that into your message.

Urge Governor Paterson to sign the Poll Site Access bill immediately

2010-09-08T13:02:00.000-07:00

Message from Governor Paterson

2010-08-30T13:16:00.000-07:00

Message from David A. Paterson

the New York State Executive Chamber, State Capitol, Albany, NY 12224.

My Fellow New Yorkers,
I am writing to you today to let you know about a new temporary statewide insurance option for uninsured legal residents who have medical conditions. This new plan, called the NY Bridge Plan, is New York’s version of the Pre-Existing Condition Insurance Plan that was created under federal health care reform. The NY Bridge Plan is a valuable product of health care reform in that it provides health insurance coverage at a lower price than other options currently available in the individual market. Through the NY Bridge Plan, premiums will be $362/month for residents of upstate counties and $421/month for residents of downstate counties. A list of upstate and downstate counties is available in the NY Bridge Plan brochure.
Health insurance coverage is essential to having access to care. Through this program, more New Yorkers who need medical care will be able to receive it. The NY Bridge Plan covers a broad range of services, including primary and specialty care, inpatient and outpatient hospital care, and prescription drugs, as well as assistance from professional nurses and caseworkers to help members manage chronic conditions and maintain overall health. Coverage for a pre-existing condition begins right away, with no waiting period. Eligibility for this program is not based on income. To be eligible to apply, individuals must:
•Be a legal U.S. resident;
•Be a resident of New York State;
•Have a pre-existing medical condition;
•and not have had health care coverage for the last six months.
Applications are available now. Enrollment is on a first-come, first-served basis. If the NY Bridge Plan reaches capacity, a waiting list will be established. Coverage will be effective October 1, 2010, and will be available until January 2014, when more health insurance coverage options become available through a new Health Insurance Exchange.
More information on the NY Bridge Plan, including the application and brochure, is available through www.healthcarereform.ny.gov. I encourage you to apply for this program if you are eligible, and to also help us spread the word about this new health insurance option to your uninsured family and friends.

Best,

David A. Paterson
Governor of New York State

NYAIL and Advocacy Update

2010-08-23T09:37:00.001-07:00

NYAIL and Advocacy Updates:

Much to our dismay, Governor Paterson vetoed both housing bills in the Disability Priority Agenda last week - S.7800/A.9757 (would incorporate the housing provisions of Section 504 of the Rehabilitation Act into State law) and S.7613/A.10689 (would make discrimination by landlords based on a tenant's source of income illegal under State Human Rights Law). We have been in touch with both sponsor's offices and intend to work with them on the bills to get them re introduced and passed next year with a new Governor in office. NYAIL issued a press release in response to the vetoes, which was distributed to the network along with both veto messages. If you did not receive either, please reply to Lindsay and she will resend.
• NYAIL has been in constant communication with the Governor’s office regarding the poll site access bill. We anticipate the bill will be sent to the Governor’s office soon, and will kick off our e-advocacy efforts when it does.

NYAIL, along with CDR and CDPAANYS, has been advocating for the NYS Department of Health to exercise its authority as the oversight agency of the Medicaid program to intervene in Monroe County's dispute with the Center for Disability Rights regarding the Consumer Directed Personal Assistance Program. Monroe county's allegations against CDR are based on a complete misunderstanding of the consumer directed personal assistance program and will have statewide implications if allowed to stand. More than 300 consumers and 700 aides lives were thrown into turmoil by the county's actions, and today is the county’s new extended deadline for consumers to switch to one of 5 for-profit providers designated by the county. CDR and the county are also in court today on the county's motion to dismiss CDR's lawsuit challenging the decision to end CDR's contract. The action of the county also represents a challenge to community-based individual and systemic advocacy by ILCs on behalf of the people we serve, even as ILCs have county contracts in place to provide services. For more details, visit CDR’s website at www.cdrnys.org or call Lindsay or Melanie.

What follows is an article from Gannett News on August 14th which provides a good overview of the budget process and deficits we’ve experienced thus far, and what’s likely to come down the road. So far this year we’ve been successful in avoiding cuts to Independent Living Centers and we stopped the proposed 12 hour personal care cap. Sustained advocacy efforts will be necessary should we face mid-year budget cuts, including to close the $1billion gap predicted by some analysts.

Will This Year's State Budget Hold Together?
By
Joseph Spector
Gannett News
August 14, 2010

In April 2008, lawmakers and Gov. David Paterson closed a $4.6 billion budget gap. A few months later, as the economy dived, a $2 billion midyear deficit emerged.
A year later, state leaders closed a massive $18 billion deficit, but just as soon as the ink dried, Paterson was warning of a $3 billion hole later that year. His predictions proved true, leading lawmakers to cobble together a plan in late December to balance the state's books.
This month, lawmakers and Paterson agreed to close a $9.2 billion deficit in the current fiscal year through an array of new taxes and spending cuts.
So once again, the question arises: Is this year's budget made of bricks and mortar or sticks and straw?
State officials believe the budget with hold together.
They estimate the midyear gaps over the past two years that played havoc on New York's finances -- which led the state to essentially go broke twice since December and forced delays of billions of dollars in aid to schools and local governments -- shouldn't happen again this fiscal year, which runs until March 31.
The budget has fallen out of balance in recent years because spending outpaced revenue as the economy soured and tax revenue fell.
Paterson, who has been credited with sounding the alarm over the state's financial woes, said he expects the budget to stay in balance. Revenues have stabilized and some spending cuts were made, he has said.
The state also received good news this week: about $1.4 billion in federal aid is coming for Medicaid and schools and $380 million is expected from a licensing agreement to allow Aqueduct Race Track in Queens to have video lottery terminals.
"We're in a much, much better situation than we were this time last year when I was telling you we were $3 billion in debt," Paterson said Thursday in a radio interview.
Paterson's budget director, Robert Megna, was less definitive, but also optimistic. But Megna said the state still has cash-flow issues that will force later payments to schools next month.
"Is it out of the realm of possibility that we'd have to deal with a problem again within the fiscal year? No. But we are a lot more confident that we're in better shape," Megna told Gannett's Albany Bureau.
But for some lawmakers and fiscal experts, they've heard similar promises made before. Some critics said the $136 billion budget spends too much during an economic downturn and relies on risky revenue raisers, such as $300 million from lifting the exemption starting in October on sales tax on clothes purchases under $110.
"I don't see how" the budget stays balanced, said Assemblyman David Koon, D-Perinton, Monroe County, who voted against the budget. "It's like a farmer using bailing wire and duct tape."
Some analysts indicated they would expect a budget gap to emerge of less than $1 billion this year, which would be more manageable than the recent midyear gaps.
Elizabeth Lynam, deputy research director at the Citizens Budget Commission, said a gap of $500 million is possible if the economy doesn't worsen. Robert Ward, deputy director of the Albany-based Rockefeller Institute, said it could be about $1 billion, which the governor might be able to manage with agency cuts and other cutbacks.
"I would suspect that the governor may have to take some action," Ward said. "I don't expect there will be problems so severe that the Legislature has to get involved."
But the budget is not without risks. The state, for example, is banking on $440 million in revenue from a $1.60 tax increase on a pack of cigarettes and a tax on cigarettes sold on Indian reservations to non-tribal members.
The cigarette tax, which at $4.35 a pack gives New York the highest tax in the country, is already forcing New Yorkers out of state to buy cigarettes, which may cut into the revenue anticipated. And Indian tribes are expected to fight the tax on their reservations, which starts Sept. 1.
In all, Comptroller Thomas DiNapoli said in an estimate last month that the budget could be out of whack by as much as half the $9.2 billion deficit, but that was before the federal aid and the Aqueduct license came through.
Still, the state's fiscal picture doesn't get any rosier in future years. State officials estimate next year's budget gap could be as much as $9 billion and as high as $15 billion in the 2012-13 fiscal year, when most of the federal stimulus money that the state has been receiving runs out.
This year's budget relies on about $5.7 billion in stimulus aid, the comptroller's office said. Also, higher income taxes on the wealthy are set to expire in two years, which this year is expected to bring in about $5.5 billion.
In DiNapoli's report, he notes: "Despite a consensus that the budget process is badly flawed and a chorus of public and private proposals for budgetary and fiscal reform, the enacted budget contains no reforms that would help impose the fiscal discipline necessary to realign recurring spending with recurring revenue."

Urge Congress to Raise Asset Limit for Individuals with Disabilities

2010-08-18T07:22:00.000-07:00

Action: We are one step closer to reforming federal asset limits for millions of low-income Americans with disabilities.

Call your representative at (202) 224-3121 and urge them to support reforming the SSI asset test by co-sponsoring H.R. 4937.

Housing Bills Vetoed - Our Governor Does It Once Again

2010-08-17T06:25:00.000-07:00

housing bills vetoed

Unfortunately, S.7800/A.9757 (would incorporate the housing provisions of Section 504 of the Rehabilitation Act into State law) and S.7613/A.10689 (would make discrimination by landlords based on a tenant's source of income illegal under State Human Rights Law) were two of 34 bills that Governor Paterson vetoed this weekend. Included below is Governor Paterson’s press release.

http://www.state.ny.us/governor/press/081510acts_vetos.html

August 15, 2010 Governor Paterson Acts on 137 Bills; Vetoes 34 Bills Worth More Than $22.9 Million in Additional Spending
________________________________________
Governor David A. Paterson today announced that he has acted on 137 bills, including issuing 34 vetoes. Of those, 24 include either unfunded mandates to State agencies and local governments, unfunded grants, an unfunded mandate to energy providers that would be passed on to ratepayers, and a pension sweetener. For those bills that had specific cost estimates, the total amount of increased and unfunded spending was $22.9 million. Additionally, many of the bills that impose substantial cost have technical faults, lack a clear objective or will be difficult to implement, making it impossible to estimate savings.

"As I have said from my first day in office, these difficult economic times call for difficult decisions. The Legislature must take notice; after three years, I have been forced to veto more than one billion dollars in spending that they have delivered to my desk," Governor Paterson said. "This year, all of these bills were passed before the budget was complete, and yet there were few negotiations to include any funding for these programs. The Legislature must stop passing legislation that spends money that we can no longer afford. Enough is enough."

"State government simply can no longer operate with our heads in the sand," Governor Paterson added. "While I have signed hundreds of bills into law that will help improve the lives of all New Yorkers, I have an obligation and responsibility to reduce taxpayer costs beyond what our State can afford. Many of the bills I have vetoed are worthy projects with laudable goals, but in the face of this current fiscal crisis, we must adjust our budget priorities to reflect our economic reality."

During his time in office, Governor Paterson has vetoed more than $1.2 billion in spending, which includes approximately $570 million in line item vetoes this year alone. In 2008, Governor Paterson vetoed more than 170 bills, saving taxpayers approximately $580 million over two years. In 2009, Governor Paterson vetoed dozens of bills worth more than $50 million.

Governor Paterson also signed into law a package of four bills that would bring significant reform to New York's outdated divorce laws. In particular, the Governor signed into law A.9753A/S.3890, which would make New York the last State of the fifty to adopt no-fault divorce. The bill would end the requirement that a party seeking a divorce had to claim one of a limited set of reasons as the basis for doing so, a rule that forced parties to invent false justifications, and that prolonged and aggravated the painful divorce process.

The reform package also included legislation that would revise the process for setting awards of temporary maintenance while a divorce is pending, by creating a formula and list of factors that would presumptively govern such awards (A.10984/S.8390 and A11576/S.8391). This would allow for speedy resolution of the maintenance issue, and prevent less well-off parties to divorce proceedings from falling into poverty during litigation, because they lack the resources to obtain a temporary maintenance order. Another bill (A7569-A/S4532-A) would create a presumption that a less monied spouse in a divorce case is entitled to payment of attorneys' fees. Under current law, a party that cannot afford to secure representation in a divorce proceeding must make an application for fees at the end of the process, which can force a poor individual to proceed without a lawyer, or to surrender on important issues due to lack of means. These bills received strong support from women's groups, advocates for victims of domestic violence and legal aid organizations.

"Finally, New York has brought its divorce laws into the twenty-first century," Governor Paterson said. "These bills fix a broken process that produced extended and contentious litigation, poisoned feelings between the parties and harmed the interests of those persons – too often women – who did not have sufficient financial wherewithal to protect their legal rights. I commend the sponsors on providing a real and effective legislative solution to a problem that has for too long bedeviled ordinary New Yorkers."

Governor Paterson vetoed the following bills today:

A356/S2293-B: Creates the technology employment community hub (TECH) centers program to award grants to community colleges for skills training

A520/S5926: Requires counties to maintain a registry of people of all ages with disabilities for the purpose of evacuating and sheltering such persons during disasters

A779A/S2993-B: Directs the department of environmental conservation to periodically update the model environmental impact assessment form

A1135/S7976: Establishes program for familial dysautonomia and Tay-Sachs disease screening; authorizes department of health to provide grants

A1459/S2276: Provides for home cooling needs assistance through the low-income home energy assistance program

A2132/S4743: Provides that an offender who fails to register or verify as a sex offender shall have the length of such failure to register or verify added to the duration of registration

A2548/S7567: Includes assisted living residences within the definition of long term care facilities for certain purposes

A2692A/S5113: Provides reimbursement to fire companies for costs associated with responding to spills of hazardous materials

A2769A/S7657: Creates New York City parks, tree and urban forestry fund

A3419/S5689: Requires state agencies to report on greenhouse gas emissions as a result of their operations

A3421/S4958: Includes provisions where it is the duty of the department of environmental conservation to establish a method for individuals and businesses to calculate their greenhouse gas emissions

A3514A/S7852: Provides for furnishing transcript of trial of a defendant convicted of a homicide offense to a family member of the victim at no cost to the family member

A4671A/S3573-A: Relates to requiring utility companies to include a notice of public hearings concerning rate increases

A5220B/S2056-B: Creates the missing vulnerable adults clearinghouse

A5602/S8202: Authorizes and directs the department of health to conduct a study on drugs prescribed for school-age children with ADD and ADHD

A7153A/S7701: Authorizes and directs the department of transportation to prepare a report on noise abatement procedures at certain heliports and airports in the county of Suffolk

A7253A/S7551: Allows for a gift to the love your library fund on corporate and personal income tax return forms

A7885A/S7389: Authorizes appointment of local government historians

A779A/S2993-B: Amends the environmental law, in relation to updates of the model environmental impact assessment form

A8012/ S4687: Relates to the manner in which certain provisions of the correction law are enforced

A8296A/S7112: Establishes the New York State interagency coordinating council for service-disabled veterans, defines the powers and duties of the council, requires an annual report

A8489A/S1330: Identifies the criteria the commissioner of environmental conservation should consider in publishing a list of high local environmental impact zones

A9018A/S6000-A: Prohibits employers from discriminating against victims of domestic violence.

A9020A/S5999-A: Relates to preventing discrimination against victims of domestic violence from housing discrimination

A9757/S7800: Provides that programs or activities relating to housing which receives federal financial assistance shall comply with Federal Rehabilitation Act of 1973

A9774/S5202: Grants a waiver of the civil service examination fee to persons who have completed the displaced homemakers program or job training program

A9924A/S6827-A: Authorizes the dormitory authority of the state of New York to sell certain land in the county of Queens to the Indian Cultural and Community Center, Inc.

A10180/S7379: Establishes an address confidentiality program in the office of the secretary of state for domestic violence victims who need to maintain secrecy of their location

A10212A/S4211-B: Legalizes actions of the Oyster Bay - East Norwich central school district with respect to certain building aid contracts

A10689A/S7613-A: Relates to rental discrimination based on income

A11330A/S8022: Relates to a report on the capacity and staffing of the state prison system

S1736B/A1249-C: Relates to qualifications for certain appointed positions with the board of trustees for the state university and CUNY

S7410B/A6036-B: Prohibits a producer or refiner from selling, transferring, or assigning interest in a retail outlet leased to a motor fuel dealer

S8225/A1142-A: Provides alternate retirement benefits for employees of the power authority of the state of New York, who are employed at the Charles Poletti Power Project

Additionally, Governor Paterson signed 102 bills into law, including:

A619/S5108: Relates to uninterrupted payment of disability benefits

A2257B/S1606-B: Expands when a person is guilty of criminal trespass in the second degree
A2876/S4090: Grants the court of claims jurisdiction to hear and determine claims against the state for retaliatory personnel actions

A2900A/S946-A: Authorizes Bethel A.M.E. Church to file applications for a real property tax exemption with the city of Schenectady

A3103A/S4018-A: Adds registered nurse and licensed practical nurse to assault of emergency medical professionals and provides for class C and D felonies for physical injury to them

A3397/S4981: Requires model zoning and planning guidelines that foster age-integrated communities to provide for mixed-use development for senior residential housing

A3467B/S7820-A: Relates to the humane treatment of animals and rights of students relative to dissection

A3762/S3475: Relates to the transportation and possession of a slot machine under certain circumstances

A4916/S4651: Establishes that insurers providing rental vehicle reimbursement coverage shall not require an insured to utilize a particular rental vehicle company

A5707A/S5029-A: Requires owners of buildings receiving state benefits to make available rooms for voting and registration which are accessible to the handicapped

A5823/S1901: Requires commercial pesticide applicators to provide notice to residents of multiple family dwellings prior to the application of pesticide on such premises

A6195A/S2972-A: Authorizes family court in family offense proceedings to extend an order of protection upon showing of good cause or consent

A6241C/S6694-B: Authorizes Gibson Meeting Halls, Inc. to apply for real property tax exemptions on certain parcels in the county of Nassau

A6509B/S5615-A: Relates to providing unlisted numbers for domestic violence victims

A7203C/S285-C: Requires veterinarians and veterinary technicians to complete continuing education

A7569A/S4532-A: Provides for the payment of all counsel and expert fees in matrimonial actions by the more monied party to such action

A7593B/S4208-B: Relates to utility service call centers

A7617/S4498: Relates to a patient's right to palliative care information

A7670/S4429: Relates to motions to vacate judgment against victims of sex trafficking for certain prostitution offenses

A7917D/S5292-C: Relates to the requirement of exercising due care in the operation of a motor vehicle to avoid colliding with any bicyclist, pedestrian or domestic animal

A7923/S3644: Relates to requiring at least one employee at a child day care facility or family day care home to be trained and certified in cardiopulmonary resuscitation and first aid

A7924A/S5342-A: Authorizes the filing of an application for real property tax exemption by Congregation Mesifta Beth Shraga

A7987B/S4303-B: Relates to farm waste net energy metering

A8076A/S4194-A: Authorizes certain police officers employed by the village of Lyons to join the twenty year retirement plan

A8199B/S1260-B: Authorizes New Creation in Christ Ministries, Inc. to file applications for a real property tax exemption with the city of Schenectady

A8220/S4199: Relates to the board of trustees of the higher education services corporation

A8392C/S7299-A: Makes technical corrections to provisions establishing powers of attorney for financial estate planning

A8393A/S5696-A: Provides that orders of protection shall not be denied solely on the basis that the events alleged are not contemporaneous with the application therefore

A8504/S4388: Relates to trial discharges of youth in foster care and voluntary re-placements of older adolescents in foster care

A8524/S3868-A: Authorizes the family court, in certain situations, to restore a birth parent's parental rights after they have been terminated

A8839A/S6034: Provides for enhanced consumer protection measures and enforcement of the do-not-call registry

A9186B/S6079-B: Criminalizes assault on a sanitation enforcement agent

A9550A/S7723: Relates to admission to adult care facilities

A9746/S7045: Authorizes the Community Outreach Center to file an application for a real property tax exemption

A9838/S7647: Relates to eligibility under the naturally occurring retirement community supportive service program

A9857C/S8GV056: Provides for the interpretation of trust and will clauses relating to federal estate taxes and generation-skipping transfer taxes when the decedent dies during 2010

A9944/S6858: Makes technical corrections to provisions of law relating to rates of payment for residential health care facilities

A9979/S6976: Authorizes the Greater Utica Community Food Resources, Inc. to file an application for a real property tax exemption

A10025A/S6975-A: Authorizes the Long Island Progressive Missionary Baptist Churches General Association to file an application for a real property tax exemption

A10050A/S7202-A: Authorizes assessor of county of Nassau to accept an application for exemption from real property taxes from S.N. Services Corporation

A10094B/S6993-B: Relates to information and access to breast reconstructive surgery

A10164/S7037: Makes the mayor the administrative head and executive secretary of the Schenectady urban renewal agency

A10213/S7074: Extends the period of time the Brookville library funding district may be established

A10219A/S7408-A: Relates to insurance coverage for drugs used in cancer treatment

A10226/S7139: Requires the required notice of foreclosure to tenants to include a notice of the rights of rent-regulated tenants

A10507A/S7584: Authorizes use of lever voting machines for school elections

A10512A/S7386-A: Authorizes the assessor of the town of Babylon to accept an application for exemption from real property taxes for certain parcels of land located in North Amityville

A10741/S7456: Increases the composition of the September 11th worker protection task force and extends the expiration of such chapter

A10779/S8031: Allows county of Putnam to retroactively apply for a tax exemption on property in the town of Carmel

A10851A/S8013: Grants chief administrator of the courts authority to allow referees to determine certain applications to a family court for an order of protection

A10857A/S7378-A: Relates to revocation of a liquor license for cause

A10869/S7677: Relates to making real property tax receipts available online

A10875/S7730: Extends from January 1, 2011 until January 1, 2015, the expiration of provisions of law relating to tax exemptions for solar, wind, or farm waste energy systems

A10878A/S7811-A: Prohibits the implementation of electronic billing and/or payment of rent without the tenant's consent

A10908B/S7118-A: Authorizes limited licenses to self-service storage companies for the sale of insurance on personal property stored at the facility

A10939/S7755: Repeals title 37 of article 15-B of the general municipal law relating to the establishment of the Port Chester community development agency

A10982/S7757: Repeals title 20 of article 7 of the public authorities law relating to the creation of the Port Chester parking authority

A10984B/S8390: Establishes the provision of temporary maintenance in matrimonial actions, and directs the law revision commission to study the effects of divorce and maintenance

A11097/S8272: Relates to extending provisions of law relating to the underground facilities safety training account

A11289/S8087: Extends the effectiveness of the home based primary care for the elderly demonstration project through January 1, 2016

A11343/S7826: Extends the provisions of chapter 545 of the laws of 2003 relating to the assisted living program

A11351/S8060: Relates to providing for the construction of capital facilities for Broad Channel Volunteers, Inc.

A11364/S8045: Amends chapter 183 of the laws of 2003, authorizing Westchester County to lease certain parklands, to make technical changes

A11391/S8228: Expands eligibility for the shock incarceration program

A11566/S8376: Relates to paperwork reduction

A11568/S8378: Relates to fraud enforcement

A11612/S8424: Relates to rape crisis centers for services to rape victims and programs to prevent rape

S1180A/A231-A: Provides that the village of Rye Brook in the county of Westchester may impose an occupancy tax on rooms for hire

S2087B/A432-B: Relates to unlawful dissection, procurement and sale of human body tissue, organs and body parts

S2769A/A5895-A: Extends provisions of the volunteer firefighters' benefit law relating to claims for benefits when a firefighter suffers heart related death or disability until 2015

S3890A/A9753-A: Provides that spouses may be granted a judgment of divorce in a timely fashion provided they meet certain conditions

S3903A/A6154-B: Relates to cooperative bidding by libraries and library systems

S4601A/ A 8565-A: Relates to bond anticipation notes issued during calendar year 2004 or 2005

S4647B/A 5292-B: Enacts the "Ambrose-Searles move over act"

S4658B/A 2693-B: Requires all first-term members of boards of education to attend training sessions within six months of taking office

S5110/A 9471: Authorizes municipal reciprocal insurers to offer full faith and credit surety bonds for public officers

S5182A/A 8656-A: Relates to a license to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer

S5746/A 8707: Validates, ratifies, and confirms expenditures made by the William Floyd union free school district

S5868/A 8934: Authorizes taxing authorities in a certain county to grant a real property tax exemption to volunteer firefighters and volunteer ambulance workers

S5953A/A 8978-A: Relates to providing a tax exemption for property owned by Our Lady of Mount Carmel Society of Rosebank

S6129A/A 9103-A: Authorizes the town board of the town of Hyde Park, in the county of Dutchess, to diminish the area of the Greenfields water district

S6139A/A 10316-A: Provides that Lighthouse Mission, Inc. may file an application for exemption from real property taxes for the 2008-2009 assessment roll

S6231C/A 9227-B: Relates to alcoholic beverage liquidator's permits and temporary retail permits

S6237A/A 9733-A: Designating a portion of state highway 812 in Ogdensburg as "Trooper Shawn W. Snow Street"

S6263C/A 9243-B: Enacts Ian's Law, which provides enhanced consumer protections in the event of an insurer's discontinuance of coverage

S6279A/ A 9501-A: Relates to preferences to veterans for rentals and selection of tenants by certain housing companies

S6419A/A 9484-A: Provides for the elimination of certain properties of the Westerlo Water District No. 1 inadvertently included within such district

S6455/A 9535: Extends provisions of chapter 105 of the laws of 2009 enabling the county of Albany to impose and collect taxes on occupancy of hotel or motel rooms in Albany county

S6671A/A 9804-A: Relates to an exchange of ownership and maintenance responsibility between the village of Medina and the state of New York regarding roads in such village

S6766/A 9827: Authorizes the city of Schenectady to accept an application for real property tax exemption from the Tabernacle of New Hope

S6948/A 10178-A: Enacts provisions relating to reciprocal insurers having a corporate attorney-in-fact wholly owned by subscribers at the reciprocal insurers

S6987A/A 10161-A: Relates to criminal obstruction of breathing or blood circulation and strangulation

S7327A/A 11041: Extends the city's energy cost savings program and lower Manhattan energy program

S7420/A 11238: Increases the bond and note authorization of the New York state housing finance agency

S7480A/A 10673-A: Relates to the sale of wine and beer for consumption upon the premises at the New York State Fair

S7485A/A 10617-A: Relates to the suspension of driving privileges

S7512A/A 9841-A: Allows consideration of in-kind support when determining grantees of the naturally occurring retirement communities supportive service program

S7815A/A 10957-A: Legalizes, validates, ratifies and confirms the establishment and funding of water district no. 7 in the town of Brutus, county of Cayuga

S7864/A 10611: Relates to significant programmatic accomplishments for limited credit time allowances for inmates

S7897/A 10993: Relates to vehicles passing bicycles

S8114/A 11396: Relates to an application for exemption from real property taxes by the House of Refuge Apostolic Church

S8391/A 11576: Chapter amends S. 4532-A and A. 7569-A, relating to counsel and expert fees in matrimonial actions, to change the effective date to 60 days after enactment

Call Governor Paterson About Two Housing Bills

2010-08-09T08:29:00.000-07:00

Statewide Systems Advocacy Network (SSAN)
ACTION ALERT
August 9, 2010

Issue: Urge Governor Paterson to sign A.9757 and A.10689 into law!

Action: Two housing bills from the Disability Priority Agenda have been sent to the Governor for his signature. A.9757/S.7800 would incorporate the housing provisions of Section 504 of the Rehabilitation Act into State law. A.10689/S.7613 would make discrimination by landlords based on a tenant's source of income illegal under State Human Rights Law. Governor Paterson has until this Friday, August 13th to sign them into law or veto them. The Governor's office needs to hear from us NOW!

Call the Governor's office at 518-474-8390 and leave the following message:

"I'm calling to urge Governor Paterson to sign A.9757 and A.10689 into law immediately. These bills will help address the housing crisis for people with disabilities in New York State by ensuring we have access to accessible, affordable and integrated housing options that meet our needs."

Background:
A.9757/S.7800 would incorporate the housing provisions of Section 504 of the Rehabilitation Act into State law.

Housing developers often fail to comply with Section 504's requirement to set aside a certain percentage of accessible units for people with disabilities when federal dollars are used for construction. By including these requirements in State law, the Department of Housing and Community Renewal (DHCR) will be fully empowered to enforce these requirements and ensure that the State is in compliance with federal standards.

A.10689/S.7613 would make discrimination by landlords based on a tenant's source of income illegal under State Human Rights Law.

Currently, there is a lack of protection for tenants seeking housing. Landlords and realtors are allowed to openly discriminate against tenants with lawful sources of income. Programs such as Section 8, Shelter Plus, and the subsidies attached to Medicaid Waivers such as the Nursing Home Transition and Diversion (NHTD) Waiver and the Traumatic Brain Injury (TBI) Waiver are designed to allow people to obtain affordable, accessible and integrated housing. However, these programs are impeded by the fact that landlord and realtors can reject prospective tenants simply because they do not want to work with a government program, even though that tenant would have the means to pay the rent. Many people with disabilities rely on those subsidies and other assistance programs to live independently in the community. By adding lawful source of income as a protected class into New York State Human Rights Law, individuals using government housing subsidies would have access to more units of housing.

The New York State Senate passed the revenue portion of the budget

2010-08-04T10:45:00.000-07:00

The Senate passed the revenue portion of the budget last night, the last remaining piece that had previously been passed by the Assembly. Here is today’s story from the Albany Times Union, followed by the Governor’s statement about the passage of the FMAP contingency plan.

It's a state budget!
By RICK KARLIN Capitol Bureau
Published: 01:00 a.m., Wednesday, August 4, 2010
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Senate Majority Leader Pedro Espada Jr., center, huddles with aides on the Senate floor Tuesday afternoon at the Capitol. The Senate passed the budget Tuesday evening. (John Carl D'Annibale / Times Union)
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Senate Republican Leader Dean G. Skelo holds his minority together Tueday to oppose the state budget. (John Carl D'Annibale / Times Union)
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Saratoga Republican Sen. Roy McDonald appears Tuesday on the Senate floor. (John Carl D'Annibale / Times Union)ban

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ALBANY -- Four months late and hundreds of millions of dollars in additional taxes later, the state Senate finally completed the 2010-11 budget on Tuesday evening.
The final party-line vote -- 32 to 28 -- arrived after the sun had set on a dizzying day of last-minute negotiations, one-house bills that have almost no chance of passage in the Assembly, and frenzied efforts to round up two Democratic senators who spent much of the day missing in action.
In other words, it was a fairly typical day in the Senate, which all year has veered between chaos and inertia due to the Democrats' razor-thin 32-to-30-seat majority.
In order to pass the revenue plan that for more than a month has been the remaining piece of the budget puzzle, Democrats needed all 32 votes on deck. Senate Republicans have been rejecting almost all spending measures en masse this summer.
The Democrats' dilemma was put into stark relief early Tuesday when one of their more unpredictable members, Pedro Espada Jr. of the Bronx, announced he would stay away unless the conference took up two of his measures: a farmworkers bill of rights and legislation relating to New York City rent control.
By 2 p.m., Espada had relented and traveled to Albany. But hours into session, it became apparent that another senator, Manhattan's Tom Duane, hadn't appeared in the chamber for key votes.
It turned out he had sequestered himself in his office, holding out for his own housing bill to be taken up.
Eventually, both measures were brought to the floor Tuesday -- presumably in order to get Espada and Duane's votes on the budget.
The two temporary delays came as another human logjam was clearing: Buffalo's William Stachowski, who for a month had been denying his budget vote in exchange for a push to give individual SUNY and CUNY campuses greater autonomy to raise tuition on their own, gave up his holdout.
"Variable tuition" has no traction in the Assembly and is opposed by several Senate Democrats. Stachowski, facing primary and general election opponents, had been counting on the plan greatly benefiting SUNY Buffalo, which has major expansion plans.
Later in the day, however, Stachowski said he realized he could only hold out for so long. "We may have to take a position where (the budget passes) and we continue to try to push to get something done for SUNY," he told the Buffalo News.
Gov. David Paterson earlier tried to separate the SUNY issue from the budget, with the governor offering it as a stand-alone bill. But lacking adequate votes in the Senate -- even after Duane appeared -- it was laid aside. Stachowski, Democratic Conference Leader John Sampson and Sen. Brian Foley, D-Long Island, later released a statement that a "framework agreement" had been worked out on SUNY-CUNY plan -- although the details remained to be hammered out with the Assembly and the governor.
Senate Democrats and Republicans came together to pass a property tax cap supported by the governor. It faces long odds in the Assembly, where Speaker Sheldon Silver has opposed the measure.
The Assembly passed the revenue portion of the budget weeks ago.
Lawmakers came within a week of breaking the record for late budgets, set in 2004 when it was 133 days past the April 1 deadline.
In passing the revenue bill, Senators put their stamp of approval on more than $800 million in new revenue, including the re-institution of a state sales tax on clothing and shoes under $110.
One element of that bill that initially passed in the Assembly but was dropped in both houses on Tuesday: a revenue action that would have taxed income earned by out-of-state hedge fund managers operating in New York as if they were state residents.
The tax was dropped amid reports that Connecticut was actively wooing New York-based hedge funds to open shop in the Nutmeg State. "It means that Connecticut spent a lot of money wining and dining them (for naught)," quipped Assemblyman Jack McEneny, D-Albany.
Both houses managed to pass a contingency plan for the increasingly likely loss of more than $1 billion in federal Medicaid funds. The plan institutes across-the-board cuts to localities, with the proceeds placed in a "lock box" that would be opened only if the funds appear.
Reach Rick Karlin at 454-5758 or rkarlin@timesunion.com.
News from New York State Office of the Governor
For more information contact: Morgan Hook, 518-474-8418/212-681-4640
Governor Paterson Announces Passage of FMAP Contingency Plan
ALBANY, NY (08/03/2010)(readMedia)-- Governor David A. Paterson today announced passage of legislation that would implement a plan to keep the State budget in balance in the event the Federal government does not extend enhanced Federal Medical Assistance Percentages (FMAP) through the end of the current fiscal year. The Governor's Program Bill No. 324 is a prudent measure in response to the financial uncertainty caused by the Federal government's inaction on FMAP.
"While I will continue to advocate for full FMAP funding from Congress, passage of this contingency plan is the responsible measure to keep our budget in balance and avoid mid-year cuts should the funds not materialize," Governor Paterson said. "I'm pleased the Legislature has realized the importance of this legislation and joined me in supporting it."
Key provisions of Governor Paterson's Program Bill No. 324 include:
• Starting September 16, and continuing through the fiscal year, payments from aid to localities appropriations in the General Fund and State special revenue funds would be reduced by a uniform percentage established by an allocation plan. The reductions would continue until $1.085 billion in FMAP savings have been realized.
• The savings from the reductions would be deposited into a new FMAP Contingency Fund "lock box" established in the State Treasury.
• Certain types of appropriations would be exempt from the uniform reductions, including those for public assistance, debt service, and court judgments.
• If an FMAP extension ultimately were to be approved during the 2010-11 fiscal year, the payment reductions would cease.
New York, like 30 other states, assumed enhanced FMAP funding in its current year budget after legislation that would have provided the funding passed both houses of Congress. The extension of FMAP was expected to provide $1.085 billion to the State in the 2010-11 fiscal year, as well as an additional $1.06 billion in 2011-12 and approximately $800 million to New York City and counties in the first six months of 2011. Given that Congress has not yet enacted legislation which includes an FMAP extension, there is a significant risk that an FMAP extension will not be approved, or will be approved at a level less than expected in the State's financial plan.
Governor Paterson has advocated tirelessly on behalf of full enhanced FMAP funding for the states. Last month, the Governor travelled to Washington, D.C. to join a bipartisan group of governors from across the country in calling on Congress for full FMAP funding.

The Center for Disability Rights (CDR) is under attackCall County Executive Maggie Brooks: (585) 753-1000

2010-07-30T09:47:00.000-07:00

The Center for Disability Rights is under attack by the Monroe County Executive, Maggie Brooks. Without warning, on July 22nd, CDR received a terse, 5 sentence letter informing us of the contract termination with no explanation included. All of our CDPAS consumers received a letter the same day telling them that the county is terminating its contract with CDR and that they have until just August 1st to choose from one of five for-profit agencies for their Consumer Directed Personal Assistance.

The next day, we received from a friend in the local media, a copy of a three page letter from the County Executive to the media. The letter was filled with blatant falsehoods mixed with misunderstandings of the roles of CDR and the county in the CDPAS program. Here is CDR's letter to Maggie Brooks debunking her allegations against CDR: http://www.whec.com/whecimages/cdr_letter-to-county.pdf. Videos of consumers refuting the county's charges are here: http://www.youtube.com/user/cdrnys. Share these; make them go viral as meanwhile, Brooks continues to use the media as a buffer to not have to talk with us. Many more documents available on CDR's website at www.cdrnys.org

Our consumers and their attendants have been thrown into chaos and Ms. Brooks refuses to talk to them. Nearly 300 consumers are in danger of losing their attendants and possibly their services outright.

Currently consumers, supporters and staff have camped out in front of the County Building on Main Street in Rochester. We have been out there 24/7 since Monday and will continue until this is over.

We need your help.

Please call Maggie Brooks and urge her to restore CDR's contract for the sake of the hundreds of people who like their services and want to continue them. Then ask at least two friends to do the same. Be respectful, but be firm. Her phone should not stop ringing!

County Executive Maggie Brooks: (585) 753-1000

Visitability bill

2010-07-28T09:51:00.000-07:00

Hi, the Assembly is in Albany for a session today. Please make calls to Sheldon Silver on his Albany number at 518-455-3791 to urge him to push Visitability bill A. 9409 out of the Rules Committee onto the Assembly Floor.

Let's make as many calls as we can. His office is currently taking names and addresses.

Urge Governor Paterson to sign the Title II bill into law!

2010-07-21T10:01:00.000-07:00

Action: A.10676 (Paulin) / S.7482 (Huntley), which would add Title II language from the ADA into NYS Human Rights Law, has been delivered to the Governor's desk for signature. He has until July 30th to sign it. An identical bill passed both the Assembly and the Senate last year and was vetoed by Governor Paterson. The Governor's office needs to hear from us NOW!

Call the Governor's office at 518-474-8390 and leave the following message:

"I'm calling to urge Governor Paterson to sign A.10676 / S.7482 into law, which would incorporate the provisions of Title II of the American Disabilities Act into state law

Statewide Systems Advocacy Network (SSAN)
ACTION ALERT
July 21, 2010

Issue: Urge Governor Paterson to sign the Title II bill into law!

Action: A.10676 (Paulin) / S.7482 (Huntley), which would add Title II language from the ADA into NYS Human Rights Law, has been delivered to the Governor's desk for signature. He has until July 30th to sign it. An identical bill passed both the Assembly and the Senate last year and was vetoed by Governor Paterson. The Governor's office needs to hear from us NOW!

Call the Governor's office at 518-474-8390 and leave the following message:

"I'm calling to urge Governor Paterson to sign A.10676 / S.7482 into law, which would incorporate the provisions of Title II of the American Disabilities Act into state law and strengthen protections for people with disabilities against discrimination in New York State. It would be particularly symbolic to do so in honor of the 20th anniversary of the ADA this Monday."

Additional talking points:
• 32 other states have adopted Title II into state law. It has not cost them money or resulted in an increase in lawsuits.

• The state has already adopted Title I (1997) and Title III (2007) in state law. The expected flood of complaints to Division of Human Rights after these bills passed never materialized, so no stretch of their resources occurred as a result. It would be particularly symbolic to now adopt Title II into state law with the 20th anniversary of ADA being next Monday.

• This is already federal law that the state must comply with. It's nothing new, confers no new responsibilities on the state, and will not cost anything.

• If the state is in compliance (which technically they should have been since the Regulations for Section 504 were released in 1977, as Title II essentially reiterates 504), they have no need to fear lawsuits.

Background: The New York State Human Rights Law includes some, but not all, of the ADA's protections for people with disabilities. This causes needless confusion for government officials in attempting to comply with both laws. A.10676 (Paulin)/S.7482 (Huntley) adds ADA Title II language to state statute, clarifying the obligations of government officials and strengthening the civil rights protections for people with disabilities. This bill imposes no new or additional requirements upon local governments or businesses.

Cuts in Home Care Put Elderly and Disabled at Risk

2010-07-21T08:21:00.000-07:00

http://www.nytimes.com/2010/07/21/us/21aging.html?th&emc=th

Cuts in Home Care Put Elderly and Disabled at Risk
By JOHN LELAND
HILLSBORO, Ore. — As states face severe budget shortfalls, many have cut home-care services for the elderly or the disabled, programs that have been shown to save states money in the long run because they keep people out of nursing homes.
Since the start of the recession, at least 25 states and the District of Columbia have curtailed programs that include meal deliveries, housekeeping aid and assistance for family caregivers, according to the Center on Budget and Policy Priorities, a research organization. That threatens to reverse a long-term trend of enabling people to stay in their homes longer.
For Afton England, who lives in a trailer home here, the news came in a letter last week: Oregon, facing a $577 million deficit, was cutting home aides to more than 4,500 low-income residents, including her. Ms. England, 65, has diabetes, spinal stenosis, degenerative disc disease, arthritis and other health problems that prevent her from walking or standing for more than a few minutes at a time.
Through a state program, she has received 45 hours of assistance a month to help her bathe, prepare meals, clean her house and shop. The program had helped make Oregon a model for helping older and disabled people remain in their homes.
But state legislators say home care is a service the state can no longer afford. Cuts affecting an additional 10,500 people are scheduled for Oct. 1.
“They yanked the rug out from underneath us,” said Ms. England, who lives on $802 a month from Social Security. “I’m scared. I’m petrified. I can’t function on my own. I took care of my husband for eight years. Already I’ve given up many of my freedoms. Now they’ve taken our dignity. I’d like them to try living in my body for a week.”
Her case manager, Brandi Lemke, shook her head. “This is not saving any money,” she said.
Ms. Lemke said she feared that Ms. England would “end up in the hospital because of the diabetes” and be in assisted living by the end of the year. “If she takes a fall,” Ms. Lemke said, “she may require more than assisted living can handle.”
Nursing homes here cost the state an average of $5,900 a month; home and community-based services cost $1,500 a month.
Other states have made similar cuts:
¶Florida placed 69,000 people on waiting lists for home or community services last year, and more than 5,700 of them ended up in Medicaid nursing homes.
¶Alabama cut housekeeping services — useful for people who can no longer do some cleaning tasks — for more than 1,000 elderly residents.
¶Arizona sliced independent living supports and respite programs for family caregivers.
¶Kansas, with a $131 million shortfall, will cut independent-living services for 2,800 people with disabilities in the next year.
In Illinois, providers of Meals on Wheels have stopped adding clients because the state was not reimbursing them.
“I’m not getting a cost-of-living adjustment, and now I’m not getting food,” said Joyce Plennert, 83, who is on a waiting list for Meals on Wheels in Palatine, Ill. “Now I’m worried my home services will be cut. Without that, I’d be in a nursing home, if I could find one with room.”
Colorado, Mississippi, Missouri, Nevada, New Jersey, New York and Texas have all made cuts or frozen spending at a time when the elderly population — and the need for services — is growing.
In California, which faces a budget shortfall of $19.1 billion for the 2010-11 fiscal year, Gov. Arnold Schwarzenegger’s office proposed eliminating adult day health care centers that serve 45,000 people and in-home supportive services that help more than 400,000 elderly, disabled or blind residents. The Legislature rejected these cuts but has not yet produced an alternative budget. The state already cut Alzheimer’s day care centers and assistance for caregivers.
Because Medicaid regulations require states to provide nursing home care to receive federal Medicaid money, legislators often have more leeway to cut from home services. Advocates for the elderly and the disabled worry that these cuts are just the beginning, because state ledgers tend to recover more slowly than the national economy.
“The situation is grim, and it’s safe to say that present trends are expected to continue,” said JoAnn Lamphere, the director of state government relations for health and long-term care for AARP. “Nearly every state has proposed cuts of some sort to Medicaid. Some might seem small, but it’s death by a thousand slashes.”
The cuts in Oregon have been particularly painful to people who work with the elderly, because for more than three decades the state has been a leader in rebalancing long-term care away from nursing facilities and toward the home. The cuts here indicate how fragile these services can be against states’ needs to reduce spending.
“I’m seeing in a matter of months 30 years of work go down the drain,” said Donald Bruland, the director of senior and disability services for the Rogue Valley Council of Governments.
The state spends more than half its Medicaid long-term-care dollars on home care and has a separate $13 million program for people who do not qualify for Medicaid; on average, states spend just 25 percent of their long-term-care budgets on home and community-based care.
Bruce Goldberg, director of the Oregon Department of Human Services, said the agency did not have an estimate for how many of the people losing home care would end up in assisted-living facilities or in nursing homes — or, if they did, how the state would pay for them.
“We’re in new territory,” Dr. Goldberg said. “Long-term care is a cobbled-together system with many holes, and they just got deeper.”
Last week, the Oregon legislature’s emergency board scheduled a session for Thursday to reconsider some of the cuts.
In Portland, Ken Poe, 66, requires assistance because of polio, which he got when he was 9. He has little muscle strength and requires oxygen constantly. The state provides 20 hours of care a month in his home.
Mr. Poe, a former pilot and flight instructor, lives as independently as he can, he said — he still drives, though he needs help getting to and from his car — but said he could not afford to pay his aides on the $1,300 a month he gets from Social Security. He often borrows money from a home credit line at the end of the month. Because of severe osteoporosis, he worries about falling in the shower without an aide.
“There are times when I’m struggling to get to the kitchen when I wonder how much longer I can do this,” he said. “But this is my comfort zone. It may look like a mess” — he gestured to cardboard boxes filling the living room — “but the boxes are my system for getting around. Moving to an assisted-living facility would bring on a depression.”
For states, having to cut the Medicaid programs is a double loss, because they come with matching dollars from the federal government. This creates state jobs and much-needed revenue.
Without these, said James A. Davis, a gerontologist at Marylhurst University and executive director of United Seniors of Oregon, “it really is a death spiral.”
“So often the programs to go are the early interventions that save money and keep people healthy,” Professor Davis said. “That comes back to bite you.”

Urge Governor Paterson to sign A.629/S.2752 in to law!

2010-07-20T10:19:00.000-07:00

Statewide Systems Advocacy Network (SSAN)
ACTION ALERT
July 20, 2010

Issue: Urge Governor Paterson to sign A.629/S.2752 in to law!

Action: Call Governor Paterson at (518) 474-8390 and urge him to sign into law A.629/S.2752, a bill that would require self-serve gas stations to pump gas for people with disabilities who have a parking permit for handicapped persons.

Background: A.629 (Paulin) /S.2752 (Johnson) changes the general business law, which requires self-serve gas stations to pump gas for people with disabilities that have handicapped license plates, to also include people with disabilities with a valid parking permit for handicapped persons. This addition is necessary as gas stations have been interpreting the bill literally and refusing to pump gas for individuals with hang tag handicapped parking permits. This bill was delivered to Governor Paterson yesterday for signature.

An Open Letter from ADAPT to the Disability Community on the

2010-07-20T07:16:00.000-07:00

Sisters and Brothers in the Disability Community:

As the 20th anniversary of the signing of the Americans with
Disabilities Act draws near, we approach the milestone with mixed emotions. Securing
national civil rights legislation, protecting the rights of people with disabilities, was truly historic. It is important that we recognize the incredible nature
of this accomplishment and the hard work of those that made this happen, but
20 years after President George H. W. Bush signed this civil rights legislation into law and as our community is preparing for the celebrations, we pause in disappointment that the promise of freedom has still not reached our sisters and brothers in nursing facilities and other institutions.

Our sisters and brothers remain locked away, unseen and unheard. For them, the act is just words on paper. They are not given the opportunity to exercise their civil rights under this law because they still do not have the basic freedoms that other Americans enjoy.

As the Anniversary date draws closer, they may hear about the progress our community has made over the past 20 years, but knowing that you are protected against discrimination in employment means nothing when the hub of your life is a bedroom you share with a stranger. Knowing that buildings and public accommodations are accessible means nothing when the facility staff won't let you leave; and even having access to lifts on buses - as dear to our hearts as that is - means nothing when you cannot afford to go anywhere on the allowance that is left over after the institution has taken its share of your money.

When we gather together as a community, we must remember that our sisters and brothers in institutions will not be toasting those that authored or advocated for the Act. They will not be celebrating independent living, either as a movement or personal achievement, and they certainly won't share in the power or pride of the disability community. For them, July 26th will be the same as every other day in the institution.

Recently, ADAPT has been criticized by some of the provider-based advocates in our community because we are publicly demanding that Speaker Pelosi sign onto the Community Choice Act and agree to eliminate the institutional bias once and for all. They tell us that publicly questioning "our friends" is inappropriate. We are told we should be grateful for the efforts that have been made so far, and that we must be patient because change takes time.

We will not apologize for our impatience. We do this because our brothers and sisters have waited long enough for their freedom. We cannot sit by, patiently and quietly waiting for our government to give our people the freedom which should be our birthright.

We had great hopes for President Obama and this Congress. Many of us believed that his promise for change included the promise of freedom. When President Obama was taking the oath of office with his hand on Lincoln's bible, it seemed like fate was telling us that he would free our people. When the President and Congress took up health care reform, we were sure that they would finally eliminate the institutional bias, and we hoped that this historic anniversary in the disability community would be celebrated with historic change. Unfortunately, the President and Congress did not have the political will to make this happen. While we recognize that some gains were made, unlike any other class of Americans, our freedom remains a state option. It is, indeed, true that one of the tools we are using to help people leave institutions and move into the community is the Supreme Court's Olmstead decision, which is based on the requirements of the ADA, and it is true that President Obama's administration has demonstrated an unprecedented commitment to enforcing the Olmstead decision. But such efforts are transitory. We have seen, during the last 20 years, that new administrations have their own priorities, and although there may now be a commitment to enforce the Olmstead decision, the pendulum will ultimately swing back in the other direction. We
also know that the gains we may make in the courts are hard-fought, slow, and constantly subject to attack. Even right now, as many in the disability community commemorate the ADA's anniversary, the Attorney General in Connecticut is coordinating legal efforts by the states to fight against some of the recent gains we have made in court which will allow more of our people to live in freedom. Ironically, the deadline for states to join the effort is just one day after the anniversary, July 27th.

In America, freedom shouldn't ever be optional, but - in fact - for us it is. While federal Medicaid rules require states to pay for institutional placement, community-based alternatives are state options and continually subject to elimination in state budget cuts. It is ironic that as we celebrate a civil rights victory that is 20 years old, our freedom is becoming even more precarious and the situation becoming more dire. States, facing record budget shortfalls, are cutting the services that support community living options for seniors and persons with disabilities. These budget cuts force people into unwanted placement, stealing from them much of what is most precious: their homes, their families and their freedom.

Some people have moved across the country to a different state to get supports and services to live outside of the institution. There, they have been able to share in the promise of the ADA, but many people don't know about the services available in other states or simply might not be able to make the journey on this modern underground railroad.

But as long as community services are only an option, those who have escaped to freedom cannot escape the fear. No place is safe because their freedom can easily disappear at the whim of state policy makers. They will be called upon to help solve their state's budget crisis by sacrificing their freedom, home and lives.

We all need to recognize that through personal circumstance or state policy change any of us can lose our freedom. No one in our community is exempt. No one is safe. No one in our community can afford to be comfortable, but it is also our hope that - from this discomfort - the disability community will be mobilized to take action and, together, we will build on a 20-year legacy to address this injustice. Our movement isn't about the civil rights for some of us; it is about the freedom of all of us.

We cannot wait any longer. ADAPT asks you, during this ADA 20th anniversary celebration, to recommit your energy to ending the institutional bias during the next Congress. The time is now to end the institutional bias and FREE OUR PEOPLE!

Sincerely,

The ADAPT Community

NATIONAL ADAPT MAILING LIST - Adapt Community Choice Act List
http://www.adapt.org

Urge Assembly Speaker Silver to Take Action on Visitability

2010-07-19T12:23:00.000-07:00

Statewide Systems Advocacy Network (SSAN)
ACTION ALERT
July 19, 2010

Issue: Urge Speaker Silver to take action on Visitability.

Action: The Senate passed the Visitability bill (S.8150) on June 18th, but the Assembly left town without doing the same. In order to get it to the Assembly floor for a vote, it still has to go through the Assembly Committee on Rules.

Contact Speaker Silver, Chair of the Assembly's Committee on Rules, in his district office at 212-312-1420 or via email and urge him to take action on the Visitability bill (A.9409) immediately following the Assembly's return to Albany by bringing it to the floor for a vote.

Talking points:
• The Visitability bill (S.8150/A.9409) will ensure that people with disabilities are no longer excluded from new home construction sponsored by government funding.

• This bill will save NYS money because it is much more expensive to renovate new homes for access, after they have been already built, rather than include access features from the beginning. Everyone will benefit from those basic access features like no-step entrance and wider hallways and doorways.

• The demand for access to housing is growing drastically with baby boomer and senior population and visitability will help meet that need in a cost effective way in our local communities across the state.

Background: "Visitability" is a movement to change home construction practices so that new homes offer specific features that would make it easier for people with a mobility impairment to occupy and visit. The spirit of "Visitability" is the belief that it is unacceptable that new homes continue to be built with gross barriers, given the ease and low cost of building basic access into the majority of new homes and the harsh effects major barriers have on people's lives, including physically unsafe conditions, social isolation and unwanted institutionalization.

Visitability requires only those accessibility features needed to allow a person with a mobility impairment to comfortably visit a home, not the full range of features that make a building "accessible."

The purpose of the visitability bill, S.8150/A.9409, is to establish minimum regulations for the design and construction of new single family homes, townhouses or the ground unit of a building with three or less units. This bill only affects new homes that are built using state or federal funds and subsidies.

The bill establishes minimum standards in every home for accessibility for the mobility impaired:
o At least one no-step entrance to the home from the public street or driveway to the exterior door
o All interior doorways at least 36 inches wide
o All environmental controls on the ground level at accessible heights, between 15 " and 48" from the ground
o One accessible bathroom on the ground level

July 26th marks the 20th Anniversary of the passage of the Americans with Disabilities Act!

2010-07-15T07:57:00.000-07:00

Join the Northeast ADA Center on Thursday August 12th as we Celebrate, Contemplate, and Collaborate!
The ADA was passed two decades ago amidst great hope that the barriers to equal opportunity and participation for people with disabilities would finally be torn down. Now, twenty years later it’s time to celebrate, contemplate, and collaborate!
We will be hosting a day-long event at the ILR Conference Center at Cornell University in Ithaca, NY. on Thursday August 12th. During this event, you will hear from guest speaker John Robinson, the Director of Corporate Support for WMHT Public Broadcasting, as well as speakers and panelists from the Equal Employment Opportunity Commission, New York State Board of Code Officials, New York State Human Rights Commission, and Cornell University. Throughout the day there will also be opportunities for you to engage in networking opportunities with other individuals, professionals, service providers, and state/local government employees to discuss where the ADA is at today and where it should be heading!
Please visit the link on our website at: http://www.ilr.cornell.edu/edi/dbtacnortheast/r-news-view.cfm?NewsID=47 to find out more details, see the agenda, and register to attend- it’s free and we can accommodate up to 50 people so sign up now to attend.
We hope you will join us!

----------------------------------------------------------
Erin M. Sember, M.A.
Technical Assistance Coordinator
Northeast ADA Center
Employment and Disability Institute
203 Dolgen Hall/ILR Extension
Cornell University
Ithaca, NY. 14853
ADA Technical Assistance: 1-800-949-4232 in NY, NJ, PR, and VI
Technical Assistance by e-mail: dbtacnortheast@cornell.edu
www.dbtacnortheast.org

Federal Oversight for Troubled N.Y. Youth Prisons

2010-07-15T07:55:00.000-07:00

Federal Oversight for Troubled N.Y. Youth Prisons
By NICHOLAS CONFESSORe
Published: July 14, 2010
New York Times

Four of New York’s most dangerous and troubled youth prisons will be placed under federal oversight, strict new limits will be imposed on the use of physical force by guards, and dozens of psychiatrists, counselors and investigators will be hired under a sweeping agreement finalized on Wednesday between state and federal officials.
The agreement will usher in the most significant expansion of mental health services in years for youths in custody, the vast majority of whom suffer from drug or alcohol problems, developmental disabilities or mental health problems.
Currently, the state does not have a single full-time psychiatrist on staff to treat young offenders.
Guards at the youth prisons, known as youth counselors, will be barred from physically restraining youths except when a person’s physical safety is threatened or a youth is trying to escape from the institution.
Guards will be allowed to use the most controversial method — in which a youth is forced to the ground and held face-down — for at most three minutes, with evaluation by a doctor to follow within four hours.
The accord comes almost a year after the Justice Department threatened to take over New York’s juvenile justice system unless the state took significant steps to rectify problems at the four prisons, where physical abuse was rampant and mental health counseling was scant or nonexistent.
“It is New York’s fundamental responsibility to protect juveniles in its custody from harm and to uphold their constitutional rights,” Thomas E. Perez, assistant attorney general for the Justice Department’s civil rights division, said in a statement. “We have worked cooperatively with New York officials to craft an agreement to ensure that the constitutional rights of juveniles at the four facilities are protected, and we commend New York and the New York State Office of Children and Families for their willingness to work aggressively to remedy these problems.”
Federal investigators found that staff members at the four institutions — the Lansing Residential Center and the Louis Gossett Jr. Residential Center, in Lansing, and two residences, one for boys and one for girls, at Tryon Residential Center in Johnstown — routinely used physical force to discipline the youths, resulting in broken bones, shattered teeth, concussions and dozens of other serious injuries in a period of less than two years.
Gov. David A. Paterson said in a statement, “With this historic settlement agreement, New York takes another step towards achieving true transformation of our juvenile justice system.”
Mr. Paterson, who has been trying to address problems plaguing the juvenile system, introduced legislation in June to let judges sentence youths to juvenile prisons only if they had been found guilty of a violent crime or a sex crime or were deemed to be a serious threat to themselves or others. Juvenile prisons house those convicted of criminal acts, from truancy to murder, who are too young to serve in adult jails and prisons.
The federal inquiry began in 2007 after a spate of episodes, including the 2006 death of a disturbed 15-year-old after two employees at the Tryon center pinned him down on the ground.
Two monitors, jointly chosen by federal and state officials, will oversee the state’s efforts to carry out the accord over the next two years, making regular progress reports to a federal judge, who must approve the agreement before it goes into effect.
Money for the new staffing — including a full-time psychiatrist at each of the four prisons, five licensed psychologists and more than a dozen social workers and nurse practitioners — was included in parts of the state budget already approved in Albany.
The state-federal accord, filed in United States District Court in Albany, echoes recommendations issued in December by a state task force, which found major shortcomings throughout the youth prison system. The task force recommended substantially expanding mental health care and replacing most residential youth prisons with smaller centers closer to communities where most young offenders and their families are from.
While the accord officially applies just to the four institutions cited, state officials said they hoped to use it as a springboard to seek broad changes through the juvenile system, which now houses 667 youths in 26 facilities around the state.
“It continues to move us in the right direction,” said Gladys Carrión, commissioner of the Office of Children and Family Services, which oversees the juvenile justice system. “It’s an affirmation of the work we have done already and of the recommendations of the governor’s task force.”
Ms. Carrión, who has moved aggressively in recent months to cut the number of youths in state custody and to limit the use of force by guards, said she would require all youth prisons in New York to abide by the restrictions on physical restraint. She said the state also planned to hire a chief psychiatrist in the near future to oversee drug regimens and mental health counseling at all of the state’s youth prisons.
But advocates for youths in state custody said they would continue to seek a far-reaching transformation in the juvenile justice system in New York, which they say merely warehouses youths who in most cases need intensive psychiatric care and counseling rather than being locked up.
“The changes will only affect those kids who have mental health needs who are already incarcerated,” said Gabrielle Prisco, director of the Juvenile Justice Project at the Correctional Association of New York. “It doesn’t get to the fact that any of those young people could be safely treated in their communities without ever seeing the inside of a prison cell.”

The Energy and Commerce Committee Needs to Hear from You

2010-07-14T07:19:00.000-07:00

NCIL

Action Alert: The Energy and Commerce Committee Needs to Hear from You!

Source: COAT (Coalition for Accessible Technology)

It is time for us to make noise about H.R. 3101, the Twenty-first Century Communications and Video Accessibility Act. We want H.R. 3101 to be as strong as possible to ensure accessible advanced communications and video programming in the 21st Century.

Industry has been making a lot of noise about H.R. 3101. Industry claims that H.R. 3101 will require all advanced communication and video programming equipment and services to be accessible to every person with every kind of disability. Industry says this requirement will stifle innovation and prevent new technology, products, and services from coming into the market. Even though these claims are not true, Congress has changed H.R. 3101 to address these industry concerns. The new H.R. 3101 (approved by the House Subcommittee on Communications, Technology, and the Internet on June 30, 2010) added several industry protections.

Congress has heard a lot from industry about H.R. 3101. Now it is time for Congress to hear from us. Tell members of the House Committee on Energy and Commerce:

• Making advanced communication products and services accessible does not stifle innovation; accessibility requires innovation.

• Manufacturers and service providers only need make advanced communications accessible when it is achievable through reasonable effort and expense.

• Restore H.R. 3101 Section 105(b) to ensure funding for specialized communication equipment for people who are deaf-blind.

• Restore H.R. 3101 Section 107 to ensure all advanced communications, such as mobile Internet browsing functionality, are accessible to and usable by people who are blind or visually impaired.

• Further inquiries are not needed to determine the use and benefits of video description for people who are blind or have low vision. Strike the video description inquiries from Section 202.

• Do not prohibit the FCC from increasing video description beyond 7 hours per week on only 9 channels. Strike the limit on video description from Section 202.

• Do not limit captioning on the Internet to video programming first published or exhibited on television. Strike “first published or exhibited on television” from Section 202(b). Do not leave deaf and hard of hearing people behind as television moves to the Internet, including video programming shown first or exclusively on the Internet and new IPTV services!

• All devices, regardless of size, can and must be capable of displaying closed captions. Strike the achievable standard and waiver authority for closed captions in Section 203.

Here's what you need to do:

• Use the information above to craft your message.

• Call or fax the members of the House Energy and Commerce Committee now (list below) and ask them to make H.R. 3101 as strong as possible.

• Send e-mail messages through the members’ websites available at www.house.gov.

House Committee on Energy and Commerce (in alphabetical order by state):

Parker Griffith (R-AL-5)
202-225-4801 Phone
202-225-4392 Fax

Anna G. Eshoo (D-CA-14)
202-225-8104 Phone
202-225-8890 Fax

George Radanovich (R-CA-19)
202-225-4540 Phone
202-225-3402 Fax

Henry Waxman, Chair (D-CA-30)
202-225-3976 Phone
202-225-4099 Fax

Mary Bono Mack (R-CA-45)
202-225-5330 Phone
202-225-2961 Fax

Christopher S. Murphy (D-CT-5)
202-225-4476 Phone
202-225-5933 Fax

Cliff Stearns (R-FL-6)
202-225-5744 Phone
202-225-3973 Fax

John Shimkus (R-IL-19)
202-225-5271 Phone
202-225-5880 Fax

Baron P. Hill (D-IN-9)
202-225-5315 Phone
202-225-6866 Fax

Charlie Melancon (D-LA-3)
202-225-4031 Phone
202-225-3354 Fax

Bart Stupak (D-MI-1)
202-225 4735 Phone
202-225-4744 Fax

Fred Upton (R-MI-6)
202-225-3761 Phone
202-225-4986 Fax

Mike Rogers (R-MI-8)
202-225-4872 Phone
202-225-5820 Fax

Roy Blunt, Deputy Ranking Member (R-MO-7)
202-225-6536 Phone
202-225-5604 Fax

Lee Terry (R-NE-2)
202-225-4155 Phone
202-225-5452 Fax

G. K. Butterfield (D-NC-1)
202-225-3101 Phone
202-225-3354 Fax

Robert E. Latta (R-OH-5)
202-225-6405 Phone
800-278-8203 Fax

Zachary T. Space (D-OH-18)
202-225-6265 Phone
202-225-3394 Fax

Bart Gordon (D-TN-6)
202-225-4231 Phone
202-225-6687 Fax

Marsha Blackburn (R-TN-7)
202-225-2811 Phone
202-225-3002 Fax

Joe Barton, Ranking Member (R-TX-6)
202-225-2002 Phone
202-225-3052 Fax

Rick Boucher (D-VA-9)
202-225-3861 Phone
202-225-0442 Fax

Peter Welch (D-VT-AL)
202-225-4115 Phone
202-225-6790 Fax

Obey the Law on the Mentally Ill

2010-07-13T08:47:00.000-07:00

Obey the Law on the Mentally Ill
New York Times Editorial July 8, 2010

Nearly a year has passed since a federal court ruled that New York violated federal disability law by warehousing mentally ill people in highly restrictive “homes” that are in some ways worse than the psychiatric hospitals they were meant to replace. The court rightly ordered Gov. David Paterson to give about 4,500 mentally ill people the option of moving into supported housing, where they could live independently with the help of social service organizations. In addition to being morally correct, the ruling was fully consistent with the federal Americans with Disabilities Act, which requires that the disabled be treated in the least-restrictive environment. The state, which has appealed the ruling, should stop stalling and comply. The failings of New York’s mental health system were detailed in two state-sponsored reports dating to 2002. The state Commission on Quality of Care for the Mentally Disabled found a pervasive pattern of neglect in the adult homes and said the owners were driving up profits and the cost of Medicaid by subjecting residents to needless, overly expensive medical treatment. A second panel appointed by then-Gov. George Pataki found that many people confined to the homes did not belong there and proposed a timeline for moving about 6,000 of them into supportive housing. This seemed perfectly reasonable given that New York is nationally known for humane, innovative housing developments where mentally ill people who present no danger to themselves or others manage to live independently. But as the court points out, the state ignored the recommendation.

Judge Nicholas Garaufis of Federal District Court in Brooklyn went over this history in detail in last fall’s ruling. By isolating the mentally ill in highly restrictive homes, he pointed out, the state makes it impossible for them to have contact with the wider community or to learn the social skills that would allow them to live independently. The state argued that obeying the ruling would be too costly. But that explanation was recently rejected by the Justice Department, which was so concerned about the state’s treatment of the disabled that it entered the case on behalf of the plaintiffs. Judge Garaufis dismissed the cost excuse in his initial ruling. “The evidence,” he wrote, demonstrates that serving the mentally ill “in supported housing rather than Adult Homes would not increase costs to the state.” He further noted that the homes were more costly thanks to soaring Medicaid costs. “The overall annual Medicaid costs for an individual residing in an Adult Home, were, on average, roughly $15,000 higher than the average Medicaid costs for an individual with mental illness in supported housing,” he said. The point is that supportive housing is both more humane and, in the final analysis, less expensive. The case moved closer to resolution last month when the United States Court of Appeals for the Second Circuit denied the state’s request to stay the initial ruling while it pursues its appeal. This means that the state will have to devise a mechanism for moving at least some people into supportive housing while the litigation runs its course. The better decision would be to drop the appeal altogether and negotiate a settlement that would bring the state into compliance with federal disability law.

http://www.nytimes.com/2010/07/08/opinion/08thu2.html?_r=1

Melanie Shaw, JD
Executive Director

New York Association on Independent Living
One Commerce Plaza
99 Washington Ave., Suite 806A
Albany, NY 12210
Ph. 518-465-4650
FAX 518-465-4625
email mshaw@ilny.org
website www.ilny.org

A Message From Our Governor

2010-07-13T08:16:00.000-07:00

Message from our Governor David Paterson

My Fellow New Yorker:

I’m working to get our economy back on track, and I need your help. A key piece of legislation that would protect and create hundreds of thousands of jobs in New York State has passed the Senate 59-2, with support from both Republicans and Democrats from Upstate and New York City. The bill would create a permanent economic development program administered by the New York Power Authority (NYPA) called Energize New York that would use one of New York’s great natural resources – low-cost power produced by our hydro power plants – to bring in new jobs and protect existing jobs in our State. Our bi-partisan plan would provide participating businesses with multi-year low-cost power contracts in exchange for commitments of jobs and capital investments.

Energize New York would replace two recently expired economic development programs - Power for Jobs and the Energy Cost Savings Benefit program. More than 320,000 jobs statewide were supported by those programs, and because we’ve designed Energize New York to be more than 50 percent larger than those programs combined, Energize New York could be capable of supporting 490,000 jobs across the State. This means that not only could Energize New York support existing businesses in the State, but it could also attract new businesses and create tens of thousands of new jobs.
But the Energize New York plan has not even been introduced in the Assembly, despite remarks made by Speaker Sheldon Silver more than a year ago, when he called for the creation of such a program, saying “Businesses need certainty. I would ask that we allow time in the next session to put a permanent or multi-year solution in place.”
Instead – and in typical Albany fashion – the Assembly has offered a proposal that sounds good, but cannot be paid for. The Assembly bill would direct NYPA to offer cash-supported discounts to businesses, instead of low-cost power, which would be funded by NYPA revenue; however NYPA’s revenues vary from year to year and cannot be forecasted with a reasonable degree of certainty years into the future. This approach fails to achieve our basic objective, which is to provide businesses with certainty they need to invest in New York and New Yorkers.
While utilizing this hydropower is exactly how we can create a stable, predictable and sustainable economic development program, it is also why the Assembly refuses to act on our proposal. In 2009, this power provided an average discount of $2 to $4 per month to Upstate residential customers - a benefit the Assembly says is too significant to give up. But in reality, what those same customers would be giving up in lost jobs and lost opportunities for job creation within their communities - opportunities to keep local graduates in the State - is much greater.
Furthermore, our proposal would continue to provide special benefits for Upstate. Residential customers would see no reduction to their discounts for two years. Over the following three years, the discount would be gradually reduced but not eliminated. Revenue generated from NYPA’s sale of the Energize New York power would be used to provide a permanent discount to Upstate residential customers, and Upstate farmers that currently get a discount would continue receiving the same level of discount they receive today. Additionally, at least 35 percent of the new Energize New York power would be dedicated only for Upstate businesses. In these difficult times, it is critical that we make the most of our limited resources – our plan continues to provide benefits to Upstaters while providing an unprecedented opportunity for economic growth statewide. You don’t have to take my word that our approach is the best path forward. Business and labor groups, as well as editorial boards from every corner of the State have supported our approach:
Newsday: “Gov. David A. Paterson is wisely refusing to sign the latest stopgap renewal passed by the legislature, because he has a better idea: Energize New York, a self-sustaining program that will reallocate 455 megawatts of NYPA's cheap hydropower, add it to an equal amount of market-rate power, and create a 910-megawatt program that will provide less expensive electricity to spur economic development across the state. … the Senate - including key upstaters - agrees with Paterson. Now the Assembly must get with the program and pass this bill, to light up jobs statewide.” (6/14/10)
Syracuse Post Standard: “Short-term extenders do not provide the predictability businesses need to plan and prosper. A freeze on new businesses defeats the goal of luring new jobs to the state. Awarding benefits retroactively is just the opposite of planning ahead … However, lawmakers do have a remedy at hand that would create the needed predictability going forward for companies that need a hand in meeting their energy needs. The program has another catchy title — Energize New York. Not only would it open up some 910 megawatts of subsidized power from the New York Power Authority to businesses, it would offer seven-year contracts.” (7/2/10)
The Buffalo News: “The measure would also preserve some benefits for residences, though they would decline over time. Again, though, those minimal savings were a relative waste of a valuable resource. Upstate is much better off devoting that power to a pool that can produce jobs than frittering it away on small breaks for thousands of residential customers.” (6/1/10)
Binghamton Press and Sun: “…Albany is playing politics with a key business benefit — reduced power costs to employers. It's a game with the state's Power for Jobs program that Gov. David Paterson is trying to bring to an end by making the program permanent rather than renewable on an annual basis, which is what has occurred for the last five years of the 13-year program. Now Paterson needs some help. He's getting it from the Senate, which seems eager to go along with the governor's quest for permanency. The Assembly, however, appears to be balking, thereby leaving in limbo a key investment and job retention tool for New York.” (5/20/10)
Now is exactly the time for such a program. The nationwide recession has taken a hard toll on New York families. More than 330,000 people lost their jobs between July 2008 and December 2009. Unemployment remains over 8 percent statewide, and over 800,000 New Yorkers are currently without work. Firms across the State, particularly in the manufacturing sector, are shedding jobs or, worse yet, permanently closing.
Please call your local member of the Assembly to ask for their support of S.8065, the Energize New York bill. It is not too late to make a difference and put people back to work.
To find your Assembly member please visit: http://www.assembly.state.ny.us/mem/.

David A. Paterson
Governor of New York State

Legislative Lookout Spring/Summer Issue 6

2010-07-07T12:34:00.000-07:00

The Legislative Lookout

Issue 6
July 2010

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 another 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.

In this issue, we have several successes to brag about. Thanks to your support and your response to action alerts, several bills related directly to the NYAIL Disability Priority Agenda have been passed by both the Assembly and the Senate and are awaiting the signature of our Governor. We must do whatever is necessary so that Governor Paterson does not veto the Polling Site Access bill or any of the other bills he has threatened to veto.

The passage of these bills is particularly significant to the disability community this year as we celebrate the 20th anniversary of the Americans with Disabilities Act. The State Legislature in both houses has voted for the will of the people and we encourage our “disabled” Governor to keep that in mind as he reviews these bills for his signature. Until these bills are signed, we must continually contact his office to impress upon him the importance of these bills and that a veto is not acceptable.

Don’t forget to visit our blog which complements this newsletter, promotes discussion and serves to inform participants about the goals, actions and accomplishments of the SSAN. It is a work in progress, so feel free to post your comments at:
http://www.ssan-network.blogspot.com

You can also sign up on our yahoogroups list, another way to foster communication among its subscribers regarding legislative issues and related action alerts. This group list is at: SSAN-CCFI@yahoogroups.com
If you have any other questions or concerns, call the Center at 607-432-8000.

As you read on, remember that 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 take this opportunity to let your voice be heard! You’ll be glad you did!

NYAIL 2010 Disability Priority Agenda Summary

The New York Association on Independent Living (NYAIL) and the Catskill Center for Independence (CCFI) are dedicated to removing barriers to full community integration of all people with disabilities.

The NYAIL Disability Priority Agenda (DPA) reflects this and is the foundation upon which action alerts are constructed. The overall theme of the DPA is that: Disability programs and policies should support living and working in the most integrated setting. This is a requirement of the Americans with Disabilities Act (ADA) and the 1999 Supreme Court Olmstead decision.

The abbreviated agenda below proposes the following priorities to address barriers to community living and ensure the civil rights of people with disabilities are protected.

1. HOUSING
a) Incorporate the housing provisions of Section 504 of the Rehabilitation Act into State law. A.7851 (Titus)
Housing developers often fail to comply with Section 504’s requirement to set aside a certain percentage of accessible units for people with disabilities when federal dollars are used for construction.
b) Establish standards for “visitability” in State law, requiring all newly constructed single-family houses, townhouses and ground-floor units of duplexes and triplexes built with public funds to be made accessible. A. 9409 (Millman) and S.1499 (DeFrancisco)
c) Make discrimination by landlords based on a tenant’s source of income illegal under State Human Rights Law.
Landlords often reject tenants with rental subsidies, such as Section 8 and subsidies tied to the Nursing Facility Transition and Diversion and Traumatic
Brain Injury Medicaid Waivers, sources of housing funds heavily relied upon by many people with disabilities.
2. CIVIL RIGHTS
a) Incorporate Title II of ADA into NYS Human Rights Law. A.781-B (Paulin) and S.5396 (Huntley) – Veto message # 61
b) Waive the State’s sovereign immunity to claims under the ADA and Section 504. A.3651 (Lifton) and S.2833 (Krueger)
The Americans with Disabilities Act (ADA) of 1990 and Section 504 of the
Rehabilitation Act of 1973, each provides comprehensive protection for the civil rights of people with disabilities under federal law. Under the 1999 US Supreme
Court Olmstead decision, people with disabilities are entitled to receive the services and supports they need to live in the community and avoid unwanted placement in nursing facilities and other institutions.
3. ELECTION REFORM
a) Eliminate provisions in Section 4-104 (1-a) of State Election Law allowing waivers for polling place accessibility requirements.
b) Require polling places to comply with ADA accessibility guidelines and ensure access surveys are conducted at all polling places.
c) Require election workers to receive mandatory training in disability etiquette and use of Ballot Marking Devices (BMD). S.1058 (Addabbo) and A. 584 (Cahill) - Veto message # 60
4. MENTAL HEALTH
a) 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)
5. TRANSPORTATION
a) Cap fares for paratransit transportation at levels no higher than the base fares for transportation of non-disabled adults utilizing the transit system. S. 2933 (Duane) and A. 6489 (Kellner)
b) Require transportation service providers, such as taxis, limousines and shuttle services, to purchase accessible vehicles. A.5549 (Titus)

Even though we often have the support of our law makers it can sometimes seem like we are trying to climb a mountain. Even today, after the ADA and other disability related law, people with disabilities still face so many barriers in employment, education, housing, health care and voting that the barriers sometimes seem insurmountable.

The Statewide Systems Advocacy Network (SSAN) employs a variety of strategies and methods in its efforts to achieve the goals outlined in the Disability Priority Agenda by coordinating volunteers across the state that stand “at the ready” and are mobilized to action when called upon.

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 helping to create a barrier free environment for all New Yorkers.

If you think you might qualify, please contact Charlie at the Center at 607.432.8000 or via email at ccfi@ccfi.us.

A Job Well Done
Thanks to the SSAN for Achieving Real Success

Four bills from the NYAIL Disability Priority Agenda recently passed the Senate as part of a disability legislation package: S.7860 ensuring poll site accessibility, S.7482 incorporating Title II of ADA into NYS Human Rights Law, S.7800 incorporating the housing provisions of Section 504 of the Rehabilitation Act into State law, and S.2933 capping paratransit fares. Also included were two resolutions; the first commemorating the 20th anniversary of the enactment of the Americans with Disabilities Act in 1990, the second honoring the hard work and achievement of the independent living movement over the past several decades.

Special thanks goes to the Catskill Center for Independence, NYAIL and NYAIL Subcommittees, the SSAN and you, our volunteer advocates, for your hard work, endless calls, letters, faxes and emails which helped to pass these bills.
Polling Site Access: Are we there yet?
Praise is due to the New York State Senate for passing several bills recently aimed at achieving greater equality for people with disabilities. Among these was A.10946/S.7860, a bill mandating polling sites comply with accessibility guidelines established by the federal Americans with Disabilities Act (ADA) of 1990.

Last year, the exact same legislation passed both the State Senate and Assembly, but was vetoed by our disabled Governor. Now we are working to safeguard the bill against another veto by Governor Paterson this year. Being able to vote privately and independently alongside everyone else is a fundamental right. It is ironic that the state has spent millions of dollars on accessible voting machines enabling disabled voters to vote, but lags behind in ensuring voters across the state can get into the polls to use them.
For nearly twenty years the Catskill Center for Independence and the Statewide Systems Advocacy Network (SSAN) have been at the forefront of voter access issues bringing civil action to our area of the state through the Attorney General’s Office and initiating legislation that would make it possible for people with disabilities to have access to their polling site. From the Civil Rights Act to the Voting Access for the Elderly and Handicapped Act, the ADA and now the Help America Vote Act (HAVA), polling site access has been a legal concept for almost forty years. HAVA seals the deal and requires every polling site to be physically accessible - no exceptions, no excuses - and funds have been granted to every state to ensure this happens. Even with all these federal laws and determined advocacy over the years, New York’s Election Law still needs to be brought into alignment with federal guideline; the NYS Senate’s June 10th passage of A.10946/S.7860 was a step towards that alignment.
This bill provides for oversight at the State level and empowers the New York State Board of Elections to enforce the minimum standards by providing clear and complete instructions to the county boards of election on meeting and maintaining ADA guidelines for accessibility at polling sites. This is desirable as county boards do not necessarily have the knowledge of accessibility standards, such as a clear path of travel, designating temporary accessible parking, and adequate directional signage. Poll site workers do not have knowledge of the requirements necessary to avoid inadvertent errors on Election Day during site set-up. Education and a guide would address the pervasive problem of inadvertent errors and lack of uniformity by creating a common template used by all counties.
One unfortunate note in this otherwise positive turn of events is our own state Senator James Seward, R-Milford, didn't vote for this bill. Seward spokesman Jeff Bishop said the senator cast a nay vote because of the financial implications for small communities. While Seward favors equal access for everyone at the polls, Bishop said Seward believes small municipalities need to have the means to comply before they can be forced to comply. This is difficult to understand because the state has been, under HAVA, receiving millions of dollars in federal money over the last several years to modernize its voting systems and make polling places accessible. This was quite a disappointment since Senator Seward has typically been a supporter of legislation to benefit persons with disabilities.
Getting A.10946/S.7860 signed into law is imperative in order to safeguard our basic civil rights. The disability community, representing one-fifth of the electorate in New York State, has waited long enough to be able to vote like our non-disabled neighbors.
What Is Visitability?

Or Why It Defies Logic to Build New Homes That Block People Out, When it's so
Easy and Inexpensive to Build New Homes That Let People In!

The Catskill Center for Independence assists dozens of individuals each year who face significant barriers to accessing necessary quality housing that is both accessible and affordable. We frequently experience issues of scarcity of housing as well as encounter attitudes which express either a lack of interest in providing, or working towards planning for such housing.

As you may know, the lack of housing is the most significant barrier to full community integration for people with disabilities, seniors and in particular, for individuals wishing to transition from or avoid living in institutional settings.

New housing construction can easily be designed to incorporate necessary elements to provide access (visitability) at minimal cost, but has yet to become a common approach to new home construction. A trend that has been growing nationally over the past several years, visitability provides for single-family housing that is designed to be lived in or visited by anyone, including people with disabilities, young children, and the elderly. Visitability is an affordable design approach that integrates accessible features in newly built homes, designed in such a way that it can be lived in or visited by all people including people with disabilities, young children and the elderly, the fastest growing segment of our society. Accessible features are cost-efficient because they're included during the design stage rather than added on later.

Building housing that is universally accessible has always made sense—common sense and dollars and cents. For one thing, it's less expensive to build a home one can age in, not to have to sell and move once stairs become a nuisance to the occupants. Home builders are paying more attention to design as America's millions of Baby Boomers are approaching retirement, making the idea of "aging in place" a popular one.

Visitability (or universal design) also makes a home livable to anybody experiencing a temporary disability, such as a sprained ankle, knee-surgery or back injury. It’s usually inevitable at some time in a person's life (hopefully not for long) to experience a temporary disability. But for millions of Americans, disability is a way of life, and that is why more building is being done with visitability in mind. Depending on where you live, state and federal regulations are evolving to mandate visitability features be included in newly constructed single-family houses, townhouses and ground-floor units of duplexes and triplexes built with federal or public funds.

Houses that are visitable have a gradual rise to the front door, rather than steps, wider doorways (at least 36 inches), first-floor restrooms with enough turning radius for a wheelchair, and grab bars. Lowered electrical switches and outlets are also included in some municipalities. And that's it: nothing fancy; no lifts, elevators, or other assistive devices.

Visitors can be grandparents, friends, siblings, or the not-so-unusual client who uses a wheelchair. Accessibility is even useful to "latchkey" kids when lowered counters are installed. I’m sure that each of us has friends, family members or acquaintances that would benefit by any one of these features.

It is important to note, that providing such features does not require funds from any social program or industry. Visitability simply does not cost a lot of money. It is estimated that achieving visitability in houses built on concrete slabs can cost $100 or less per house, while houses built on a crawl space can achieve visitability for $500 per house.

Our elderly population represents the fastest growing segment of our society. It is their comfort and safety, and eventually our own, which deserves immediate attention.

In conclusion, it is the desire of advocates for persons with disabilities that our legislators 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 federal or public funds to be made accessible.

What needs to be fully understood is that there is a housing crisis in New York State for people with disabilities. As the federal government makes changes to existing housing programs, programs private owners often opt out of; the availability of housing for people with disabilities becomes scarcer every day. The bottom line is that people with disabilities can end up or remain in institutions because there is very little accessible and affordable housing available to them. Homes that are made visitable can help to reverse this trend.

Now that you know what visitability means and how important it is to you and your future, make sure that you contact your legislators to ensure that they know as well.

Please contact the Catskill Center for Independence for more information. In addition, the Rehabilitation Engineering Research Center on Universal Design at SUNY/Buffalo has produced the booklet "Visit-ability: an Approach to Universal Design in Housing." It is available for download at http://www.udeworld.com/visbooklet/visitabilitybooklet.pdf

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

A Vote Should Be Easy To Cast - Brad Williams NYSILC

2010-07-06T13:14:00.000-07:00

A vote should be easy to cast

By BRAD WILLIAMS
First published: Friday, July 2, 2010
Albany Times Union

How often in life do we get a second chance?
Gov. David Paterson will soon get such an opportunity with polling place legislation for people with disabilities. The measure would have a minimal fiscal impact upon taxpayers.
Last September, the governor, who himself has a disability, shocked many when he vetoed a group of disability bills mostly centered on rights provided through the federal Americans with Disabilities Act, including voting place access. Even more perplexing to some was the reasoning used in his veto message on the polling place access bill.
Paterson stated that "many such places have received waivers from ADA compliance." This statement is both inaccurate and contrary to federal law. The bill that will go to him now updates state law by eliminating the practice of granting waivers and codifying programs in place through the state Board of Elections to make sure that access is ensured now and in the future.
As the governor also made reference, the bill is more than just a "noble idea." The disability community's right to vote shouldn't be compromised by the misdirection of facts or the self-interest of other parties to block it.
There are approximately 3.3 million voting-age New Yorkers with disabilities. They might require different levels of access.
By 2015, with the aging of the baby boomer population, the incidence of disability will increase. Language access issues are also relevant to this discussion, with predicted increases in culturally diverse populations between 2025 and 2050.
Old lever voting machines and inaccessible polling places really won't cut it. Elected officials must change their mind-set, consistent with elections system practices and the law.
Another erroneous concern was the "practical realities of financial restraints of state and local governments" and the "imposition of onerous time frames." The bill clearly states that it has no fiscal impact. This is due to the fact that there are federal and state funds available to counties to make modifications of inaccessible polling sites. There is a process in place whereby a county submits documentation to seek reimbursement for its costs from the state Board of Elections.
If a site cannot be made easily accessible, it can be consolidated within a larger location -- that is, election district -- that is accessible. , there are no increased costs passed down to local governments.
In terms of the time frame, it is baseless to talk about how it can't be done within six months when the Americans with Disabilities Act has been around for two decades. It has been more than 10 years since the disability network teamed up with 18 assistant attorneys general for a statewide survey of polling places on Election Day 1999. The subsequent court case, based on the Catskill Center for Independence data, against three upstate counties in federal court upheld the ADA regarding polling place access.
Paterson should make good on his commitment to act on the issue this year by signing A.10946/S.7860 -- sponsored by Assemblyman Kevin Cahill, D-Kingston, and Sen. Joseph Addabbo, D-Queens -- into law. It would be a fitting gesture to do so on July 26, the 20th anniversary of the ADA.
Paterson also can sign a complimentary bill. A.5707/S.5029 -- sponsored by Assemblywoman Helene Weinstein, D-Brooklyn, and Addabbo -- to help increase the potential pool of accessible polling place locations.
The purpose of the bill is to require owners of buildings who obtain tax abatement exemptions or other public benefits to make rooms available for voting and registration, which are accessible to people with disabilities.
It is time for the state, its counties and its localities to comply and go on record with the public documentation to back it up.
Brad Williams is executive director of the New York State Independent Living Council.

Yahoogroups List Created to Foster Interactive Messaging

2010-06-23T11:46:00.000-07:00

Dear reader:
As you know, we as advocates at the Catskill Center for Independence are devoted to improving the quality of life for individuals with disabilities by taking action to achieve a barrier free, fully inclusive society. One of the most significant vehicles used to accomplish this goal is the Statewide Systems Advocacy Network (SSAN). It is due to efforts of the SSAN members, that our law makers have introduced and/or passed legislation that positively influences the lives of people with disabilities.

We at CCFI have developed a yahoo groups list to promote discussion and informed everyone about the goals, actions and accomplishments of the SSAN as well as providing an avenue so that any interested citizens can become more involved and join the network if they choose to do so.

Although it is the NYAIL Disability Priority Agenda that helps serve to focus the overall direction of the list, we encourage you as participants to post disability related information as an FYI to members OF the disability community as well as to anyone else.

The yahoo groups list is a work in progress, so feel free to make comment by subscribing and frequently posting to the list at:

SSAN-CCFI@yahoogroups.com
Or by contacting me at the Catskill Center for Independence

I encourage you to subscribe to this group so that we can all share our knowledge and information. If you would like to do so:
1. Visit:
http://groups.yahoo.com/group/SSAN-CCFI/join
or better yet
2. send an email to:
SSAN-CCFI-subscribe@yahoogroups.com
You will then get a confirmation message that must be replied to before you can begin posting messages.

If you need further assistance, please visit http://help.yahoo.com/l/us/yahoo/groups/original/members/forms/general.html

Charlie Reichardt
creichardt@ccfi.us
Systems Advocate
Catskill Center for Independence

Victory For Persons With Disabilities

2010-06-14T12:11:00.000-07:00

FOR IMMEDIATE RELEASE
June 10, 2010
Contact: Melanie Shaw (518) 465-4650; cell (518) 209-2343

Disability Advocates Applaud Senate Disability Legislation Package

(Albany, NY): The New York Association on Independent Living applauds the Senate's leadership in ensuring the fundamental civil rights of New Yorkers with disabilities of all ages by today passing a disability legislation package. We are also grateful for the Senate’s recognition, in a resolution, of the work of the Independent Living movement in the passage 20 years ago of the Americans with Disabilities Act (ADA), and also of the work of Independent Living Centers in New York to protect the civil rights of people with disabilities of all ages. The legislation package includes five bills which are priority bills for NYAIL and the Independent Living network in New York.

“The bills just past are particularly significant to the disability community in this year of the 20th anniversary of the Americans with Disabilities Act,” noted Melanie Shaw, Executive Director of the New York Association on Independent Living. “The Independent Living community in New York State has been in the forefront of the fight for the full integration of people with disabilities into their communities for decades, including the passage of legislation creating the Most Integrated Setting Coordinating Council and the Nursing Facility Transition and Diversion Medicaid waiver program. Indeed, two of the bills passed in the Senate today which disability advocates in New York have been working on for years would require state law to conform with existing requirements under the ADA.”

One bill, S.7860 (Addabbo), would require all polling sites to comply with accessibility guidelines of the ADA. When people with disabilities are denied their right to vote because their polling site is inaccessible, their right to participate in civic life becomes empty. This bill would update state election law consistent with ADA and Help America Vote Act (HAVA) requirements, increasing enforcement procedures and the likelihood of compliance of local boards of election, and eliminating outdated provisions permitting waiver of accessibility requirements for non-compliant polling sites.

A second bill, S.7482 (Huntley), incorporates the provisions of Title II of the ADA into state law, clarifying the scope of protections against discrimination in the provision of services, programs and activities of public entities, requiring reasonable accommodations, and allowing individuals with disabilities to gain critical access to the administrative enforcement mechanisms through the State Division of Human Rights.

These two bills were unanimously passed by the legislature in the 2009 session, but were vetoed by Governor Paterson. They were again passed by the Assembly earlier this year. Maria Dibble, Chair of NYAIL and Executive Director of the Southern Tier Independence Center in Binghamton said, “NYAIL thanks the Senate leadership for continuing to support the civil rights of all people with disabilities by passing these bills again this year, and we urge Governor Paterson to make an equally strong commitment to our civil rights by signing these essential bills into law.”

Also included in the Senate’s package was a housing-related bill sponsored by Senator Squadron: S.7800, which would incorporate the housing provisions of Section 504 of the federal Rehabilitation Act into state law. “The lack of accessible, affordable, integrated housing is the most significant barrier to individuals with disabilities living independently in the community and staying out of institutions,” said Mel Tanzman, Chair of the NYAIL Housing Committee and Executive Director of Westchester Disabled on the Move, an Independent Living Center in Yonkers. “This bill will ensure people with disabilities of all ages do not face discrimination when they seek safe, affordable, and accessible housing in their communities. NYAIL thanks Senator Squadron and all Senate members who helped make this legislation the law of our state.”

In addition, the Senate passed S.2933, sponsored by Senator Duane, which would cap fares for paratransit at levels no higher than the base fares for transportation of non-disabled adults utilizing the transit system. This bill would impact transit systems throughout New York State, as well as in the New York City metropolitan area.

The New York Association on Independent Living (NYAIL) is a statewide membership organization of Independent Living Centers, community-based not-for-profit providers of advocacy, services and supports for New Yorkers with disabilities of all ages, which are controlled by people with disabilities. NYAIL works to strengthen local Independent Living Centers and protect the civil rights of all people with disabilities.

New York State Assembly’s Legislative Disability Awareness Day – May 17, 2010

2010-05-18T12:57:00.000-07:00

Five bills from the 2010 NYAIL Disability Priority Agenda (DPA) passed the Assembly yesterday as part of the disability package for the Assembly’s Legislative Disability Awareness Day. They include:
• A. 9757 (Bing) - Incorporate the housing provisions of Section 504 of the Rehabilitation Act into State law,
• A.10689 (Bing) - Make discrimination by landlords based on a tenant’s source of income illegal under State Human Rights Law,
• A10676 (Paulin) - Incorporate Title II of ADA into NYS Human Rights Law,
• A.3651 (Lifton) - Waive the State’s sovereign immunity to claims under the ADA and Section 504, and
• A.10946 (Cahill) - Eliminate provisions in Section 4-104 (1-a) of State Election Law allowing waiver of polling place accessibility requirements. Require polling places to comply with ADA accessibility guidelines and ensure access surveys are conducted at all polling places. Require election workers to receive mandatory training in disability etiquette and use of Ballot Marking Devices (BMD).

Thanks to those who made the trip to Albany yesterday for the event and scheduled meetings with legislators to discuss the DPA issues, and to everyone for keeping your legislators informed of our issues and ensuring their movement.

Stay tuned for action alerts as we work to move these bills through the Senate, and continue pushing for the other bills included on our Disability Priority Agenda.

Eighteen-Bill Package Includes Measures to Bring New York State Law into Congruence with the ADA

2010-05-18T12:52:00.000-07:00

Assembly Speaker Sheldon Silver and Minority Leader Brian M. Kolb announced today that the Assembly passed a comprehensive package of legislation in order to empower individuals with disabilities by providing greater protection and accessibility under New York State law. The measures were taken up in honor of Legislative Disabilities Awareness Day.
Silver and Kolb applauded Task Force on People with Disabilities Chair Michael Cusick, Mental Health Committee Chair Felix Ortiz and Mental Health Committee Ranking Minority Member Tom McKevitt for their unwavering dedication to improving conditions for men, women and children with disabilities.
"Legislation passed today not only raises awareness to the needs of New Yorkers with disabilities, but will also provide greater protection for this community in so many areas," said Silver (D-Manhattan). "I have had the privilege of meeting a number of individuals, from organizations across the state, who have worked tirelessly to ensure that the concerns of people with disabilities are being met. I applaud my colleagues in the Assembly-on both sides of the aisle-for recognizing that equal access and treatment for all individuals is the cornerstone of our government."
"It is an honor to again sponsor Legislative Disabilities Awareness Day," said Assembly Minority Leader Brian M. Kolb (R,I,C-Canandaigua). "The men and women we are honoring today are an inspiration to us all, because they know that anything is possible with hard work and determination. I am active in the Special Olympics program in my community and was proud to co-host Special Olympics New York's 40th anniversary ceremony here in March. Programs like the Special Olympics have empowered thousands of young adults who face disabilities. The athletes and the New Yorkers joining us today are proof that having a disability does not hinder one's ambition or their ability to live a full, productive and rewarding life."
"I am extremely honored to be sponsoring Disabilities Awareness Day in my new capacity as Chair of the Task Force on People with Disabilities," said Cusick (D-Staten Island). "This event is significant to the state Assembly because not only do we bring together so many advocates and people with disabilities to concentrate on the priorities of New York's disability community, but while this distinguished group is in Albany, we advance a comprehensive legislative agenda that truly reflects their needs and concerns that have been brought to our attention. And while it is very helpful for us to bring this large group together on this special occasion once a year, it is critical that we continue our mission to seek independence, integration and inclusion of all people with disabilities throughout the entire year."
"All New Yorkers should be provided equal protection under the law," said Ortiz (D-Brooklyn). "This legislative package will help to ensure that individuals with disabilities are afforded the same rights as their fellow constituents. I am honored to be a part of Legislative Disabilities Awareness Day, and I commend everyone who attended today's event to ensure that their voices are heard."
"The annual Legislative Disabilities Awareness Day ceremony provides a necessary opportunity for us to raise awareness of the needs of individuals with disabilities and also recognize their fantastic accomplishments," said McKevitt (R,C,I-East Meadow). "I am continually amazed by their determination and their power to turn a disability into an achievement. We have again heard many of these success stories here today."
To protect the rights of people with disabilities, legislation passed in the Assembly today would waive the state's sovereign immunity to liability under the Americans with Disabilities Act (ADA) and certain other federal acts (A.3651/Lifton). Additional legislation would clarify the scope of protections against discrimination on the basis of disability in services provided by public entities in New York State by making the State Human Rights Law consistent with the ADA (A.10676/Paulin). Another measure would add "disability" to areas of the State Human Rights Law where it has been omitted (A.10771/Cusick).
Legislation approved will ensure that housing protections offered to people with disabilities under the Federal Rehabilitation Act are enforceable on the state and local level as well (A.9757/Bing). Another measure passed by the Assembly would prevent housing discrimination based upon an individual's income source and make discrimination by landlords based on a tenant's source of income illegal under the New York State Human Rights Law (A.10689-A/Bing).
Recognizing the importance of making our voting system more accessible, the Assembly approved measures which would:
• Enable blind and visually impaired voters to request, in advance, that Braille or large-print absentee ballots for all elections be sent to their homes or made available for school district elections at the poll site (A.3738-A/Koon);
• Mandate that buildings which receive tax abatements or exemptions or other public benefits to be made available for use as polling places (A.5707/Weinstein);
• Designate polling places, whenever practicable, to be situated directly on public transportation routes (A.7850/Paulin); and
• Require that polling places be accessible to voters with physical disabilities and establish basic accessibility guidelines to ensure consistency and encourage substantial compliance at polling sites (A.10946/Cahill).
Additionally, new legislation the Assembly passed today would designate October 18 as Disabilities History Day (A.10853-A/Schroeder). Legislation was also approved to expand the membership of the Most Integrated Setting Coordinating Council to include the Executive Director of the Developmental Disabilities Planning Council and the commissioners of the Office of Temporary and Disability Assistance and the Department of Labor, as well as three current or former recipients of public services to people with disabilities (A.8699-A/Destito).
Other measures passed by the Assembly relating to disability rights include proposals which would:
• Require gas stations that offer both full and self service to offer pumping service to people with disabilities who have a valid handicapped parking permit at the self service price between 7:00 am and 7:00 pm (A.629/Paulin). Under current law, individuals with a permit who do not have a New York disabled license plate may be refused this service;
• Require automated teller machines to use both audio and visual systems of relaying messages to customers, helping to ensure that all individuals have equal access (A.4766-A/Weisenberg); and
• Require that the sign language interpreters be made available at the request of individuals with hearing impairments at public hearings and meetings (A.2102/Wright).
In order to protect people with disabilities in the event of emergency situations, the Assembly passed legislation that would require counties to maintain a registry of people with disabilities who may require evacuation assistance and shelter during a disaster (A.520/Destito) and mandate that high-rise building owners establish emergency evacuation plans for occupants and visitors with disabilities (A.10841/Cusick).
Finally, to improve conditions for individuals parking in handicapped accessible parking spaces, the Assembly approved a measure requiring additional signage to further deter drivers from illegally parking in access aisles (A.7848/Latimer). Also included in today's package is legislation requiring that access aisles of handicapped accessible parking spaces be at least eight feet wide (A.7849/Lavine).

Victory!

2010-03-08T09:47:00.000-08:00

Thank you everyone who called their Representatives and spread the word about H.R. 4247, the Preventing Harmful Restraint and Seclusion in Schools Act.
Late last week it passed in the House by a margin of over 100 votes with a remarkable show of bi-partisan support. One of the Justice For All Action
Network's top priorities for this 20th Anniversary year, this legislation is a vital first step toward protecting students with disabilities from abuse
in schools and educational settings.

New Chair on Task Force for Persons with Disabilities

2010-03-08T09:43:00.000-08:00

The Assembly made some committee chair changes late last week which included a new Chair for the Task Force on People with Disabilities, Assemblyman Michael
Cusick (Staten Island). Assemblyman Cusick has served in the State Assembly since January 2003 and sits on the Transportation, Higher Education, Governmental
Employees, Veterans’ Affairs, and Mental Health committees. In past years, in recognition of Legislative Disability Awareness Month, Assemblyman Cusick
has sponsored a poster contest for Staten Island students in grades Pre-K through 5th in an effort to promote a heightened awareness of people living with
disabilities.

A full list of the committee changes announced on Thursday is listed below:

Speaker Silver Announces Appointments To Leadership Positions And Committee Chairs

table with 2 columns and 14 rows
Majority Leadership

Speaker Pro Tempore

Peter M. Rivera

Secretary, Majority Conference

Crystal D. Peoples-Stokes

Vice Chair, Majority Steering

Barbara S. Lifton
Standing Committees

Chair, Alcoholism & Drug Abuse

Amy Paulin

Chair, Ethics & Guidance

Daniel O'Donnell

Chair, Libraries & Education Technology

Jonathan L. Bing

Chair, Mental Health

Felix Ortiz

Chair, Oversight, Analysis & Investigation

Michele Titus

Chair, Small Business

Adriano Espaillat

Chair, Veterans Affairs

William B. Magnarelli
Task Forces and Legislative Commissions

Chair, People with Disabilities

Michael J. Cusick
table end

__._,_.___

ADAPT's Defending Our Freedom Campaign: Two Weeks, Two Victories

2010-02-16T08:21:00.000-08:00

ADAPT's Defending Our Freedom Campaign: Two Weeks, Two Victories

For Immediate Release

February 15, 2010

For Information Contact

Jennifer McPhail 512-627-5868

Nancy Salandra 215-779-1014

http://www.adapt.org

DNC Resolution Pledges Olmstead Support; HHS OCR Agrees to Meet

ADAPT's Defending Our Freedom Campaign: Two Weeks, Two Victories

Philadelphia, PA - Two weeks into ADAPT's Defending Our Freedom
Campaign, there are already two victories. One, a resolution passed by
the Democratic National Committee (DNC), has its roots in ADAPT's
four-day and four-night protest vigil last July, held outside the DNC
headquarters in Washington, D.C. despite torrential rains and no shelter
for activists. The second victory is a meeting with staff from the U.S.
Health and Human Services Office of Civil Rights (HHS OCR) scheduled for
mid-April just prior to the spring ADAPT action in Washington.

On Thursday, February 4, ten members of ADAPT from across the nation
attended the DNC Resolution Committee meeting in Washington, D.C. The
committee unanimously passed a resolution that states, in part,
"WHEREAS, efforts must be made on the state and federal level to
eliminate institutional biases that unfairly discriminate against
Americans with disabilities in obtaining long term service and support
in programs such as Medicaid ... the DNC will encourage and support
efforts to vigorously enforce the Supreme Court's Olmstead decision."
The Olmstead decision affirmed provisions in the Americans with
Disabilities Act (ADA) that mandate people with disabilities should
receive needed services and supports in "the most integrated setting,"
typically the community.

"Some people thought our protest outside the DNC last summer was an
exercise in futility," said Jennifer McPhail, ADAPT organizer from
Austin, Texas, "especially because so many of us who use wheelchairs
slept outside each night, in pouring rain and wind, with only garbage
bags or the occasional tarp for shelter. We had provided our own
accessible porta-potty, but the DNC had it hauled away. Despite all
that, we persisted in following the process laid out by the DNC, and now
we have this historic resolution to show for all hell we went through
last July."

Members of the DNC Resolution Committee included Christine Pelosi,
daughter of House Speaker Nancy Pelosi, and Lee Saunders, assistant to
AFSCME President, Gerald McEntee. AFSCME currently represents staff in
many state operated institutions, but is working to support the
Community Choice Act (CCA), legislation that would let older and
disabled individuals choose to receive needed supports and services in
their own homes instead of being forced into nursing facilities and
other institutions by the institutional bias in the nation's Medicaid
program. In addition to passing the resolution condemning the Medicaid
institutional bias, the committee also pledged to sending both the
resolution and all of ADAPT's educational materials on the CCA to every
Democratic state and federal legislator in the country.

"With the resolution from the Democrats and our upcoming meeting with
the folks from HHS Office of Civil Rights, we feel like we are gaining
ground in this battle to become free, and stay free," said Nancy
Salandra, ADAPT organizer in Philadelphia. "You would think that between
this country's Constitution, and laws like the ADA, we should already
have the right to live in our own homes and communities, but that's not
how Congress has structured the funding for the supports we are entitled
to receive. So, the resolution and the meeting are two more actions to
make sure that the law is followed and our civil rights are protected."

ADAPT's Defending Our Freedom campaign continues to gather media reports
of the harm being done to disabled and older Americans by state budget
cuts. The campaign also welcomes stories of how people in the states are
fighting back against the cuts. ADAPT is additionally encouraging people
who want out of institutional settings and the people assisting them to
file OCR complaints. ADAPT will follow up on those complaints at the
meeting with HHS OCR and the Department of Justice (DOJ), and will hold
the HHS OCR staff accountable for resolving the complaints.

Send media reports, and "fighting back" accounts and pictures to
defendingourfreedom@gmail.com.

See those reports, and accounts and pictures on
http://www.defendingourfreedom2010.blogspot.com.

File a complaint at
http://hhs.gov/ocr/civilrights/complaints/index.html
and send a copy to
DOF.complaint@gmail.com.

Sign on to support the Defending Our Freedom Campaign at
DOF.signon@gmail.com
, and see the growing list of supporters at
http://www.adapt.org/doflist.php.

Additional information on the Defending Our Freedom Campaign can be
found at www.adapt.org/adapt-campaign.html.

The NYAIL Disability Priority Agenda

2010-01-26T10:44:00.000-08:00

2010 DISABILITY PRIORITY AGENDA
The New York Association on Independent Living (NYAIL) is dedicated to
removing barriers to the full community integration of people with disabilities of all
ages. NYAIL represents Independent Living Centers and the people with
disabilities they serve. Independent Living Centers (ILCs) are controlled and
primarily staffed by people with disabilities, and provide a variety of communitybased
services, such as peer counseling, independent living skills training, and
assistance with obtaining housing, education, employment, and other necessary
services that empower people with disabilities to live independent, fully integrated
lives in their communities. We propose the following priorities to address barriers
to community living and ensure the civil rights of people with disabilities are
protected.
PUBLIC POLICY PRIORITIES
1. HOUSING
a. 􀂙 Incorporate the housing provisions of Section 504 of the Rehabilitation Act
into State law. A.7851 (Titus)
Housing developers often fail to comply with Section 504’s requirement to set
aside a certain percentage of accessible units for people with disabilities when
federal dollars are used for construction. By including these requirements in
State law, the Department of Housing and Community Renewal (DHCR) will be
fully empowered to enforce these requirements and ensure that the State is in
compliance with federal standards.
b. 􀂙 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. A.
9409 (Millman) and S.1499 (DeFrancisco)
“Visitability” is a movement to change home construction practices so that new
homes offer a few specific features that make the home easier for people with
mobility impairments to live in and visit. The spirit of “visitability” is the belief that
it is unacceptable that new homes continue to be built with gross barriers, given
the ease of building basic access into the majority of new homes and the harsh
effects major barriers have on people’s lives, including physically unsafe
conditions, social isolation, and unwanted institutionalization.
c. 􀂙 Make discrimination by landlords based on a tenant’s source of income
illegal under State Human Rights Law.
Landlords often reject tenants with rental subsidies, such as Section 8 and
subsidies tied to the Nursing Facility Transition and Diversion and Traumatic
Brain Injury Medicaid Waivers. Many people with disabilities rely on those
subsidies and other assistance programs to live independently in the community.
Discrimination based on source of income is illegal in New York City. The
legislature should make source of income discrimination illegal throughout New
York State.
2. CIVIL RIGHTS
􀂙 Incorporate Title II of ADA into NYS Human Rights Law. A.781-B (Paulin)
and S.5396 (Huntley) – Veto message # 61
􀂙 Waive the State’s sovereign immunity to claims under the ADA and
Section 504. A.3651 (Lifton) and S.2833 (Krueger)
The Americans with Disabilities Act (ADA) of 1990 and Section 504 of the
Rehabilitation Act of 1973 each provide comprehensive protection for the civil
rights of people with disabilities under federal law. Under the 1999 US Supreme
Court Olmstead decision, people with disabilities are entitled to receive the
services and supports they need to live in the community and avoid unwanted
placement in nursing facilities and other institutions. Title II of the ADA provides
protections against discrimination on the basis of disability in services provided
by public entities, including State and local governments. This bill was
unanimously passed by the State legislature during the 2009 session, but
vetoed by Governor Paterson. This bill would clarify the scope of protections
against discrimination by these entities, including in the provision of services,
programs and activities. Public entities would be required to make reasonable
accommodations and individuals with disabilities would gain critical access to the
administrative enforcement mechanisms through the State Division of Human
Rights. To date, more than 30 other states have incorporated Title II into State
law, and none have reported any increased costs as a result. It is also essential
that the State’s immunity to suit under the ADA and Section 504 is waived.
3. ELECTION REFORM
a. 􀂙 Eliminate provisions in Section 4-104 (1-a) of State Election Law allowing
waiver of polling place accessibility requirements. Require polling places
to comply with ADA accessibility guidelines and ensure access surveys
are conducted at all polling places. Require election workers to receive
mandatory training in disability etiquette and use of Ballot Marking Devices
(BMD). S.1058 (Addabbo) and A. 584 (Cahill) - Veto message # 60
This bill was unanimously passed by the State legislature during the 2009
session, but vetoed by Governor Paterson. Eliminating waivers for
inaccessible polling places does not require expensive construction, contracting
and competitive bidding; it only requires identifying other sites to take the place of
inaccessible ones. This is a no or low-cost solution that can be implemented
anywhere in the State. According to the NYSBOE, there is approximately $5
million currently available for accessibility modifications to polling sites, which
includes prior accumulated State funding as well as federal funds. These funds
can ONLY be used for this purpose. People with disabilities must be afforded the
basic right as citizens to vote along with their families, friends, and neighbors and
barriers to this right that remain in State Election Law must be removed.
4. 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)
Parents with psychiatric and intellectual disabilities are vulnerable to the loss of
custody and termination of their parental rights because of a long-standing bias
in State law. Since 1976, State Social Services Law has included as grounds for
the termination of parental rights, the inability “by reason of mental illness or
mental retardation, to provide proper and adequate care…” of a child. The use of
these disability-related grounds for termination promotes the discriminatory belief
that parents with such disabilities are unable to care for their children and creates
a presumption that these parents are unfit. The safety of children is adequately
protected, however, by other provisions of SSL 384-b allowing termination based
on a parent’s behavior rather than their disability.
5. TRANSPORTATION
􀂙 Cap fares for paratransit transportation at levels no higher than the base
fares for transportation of non-disabled adults utilizing the transit system.
S. 2933 (Duane) and A. 6489 (Kellner)
􀂙 Require transportation service providers, such as taxis, limousines and
shuttle services, to purchase accessible vehicles. A.5549 (Titus)
Title II of the Americans with Disabilities Act (ADA) prohibits discrimination
against people with disabilities in the provision of transportation services. The
limited availability of accessible transportation services is a major barrier faced
by individuals with disabilities throughout the State, often leading to
unemployment, the inability to access medical care, and isolation from friends,
family, and full community participation. Many people with disabilities rely heavily
on the provision of paratransit services; however MTA budget strains have led to
an increase in cost for such services. The paratransit bill would prohibit such
fare hikes under the premise that authorization of transit fares for people with
disabilities at a level higher than those for non-disabled citizens is discriminatory.
*****************************************
For further information, please contact:
Melanie Shaw, J.D.
Executive Director
New York Association on Independent Living
99 Washington Ave., Suite 806A
Albany, NY 12210
Ph. 518.465.4650
Email mshaw@ilny.orgor

Or

Charlie Reichardt
Systems Advocate
Catskill Center for Independence
PO Box 1247
Oneonta NY 13820
Ph. 607-432-8000
Email creichardt@ccfi.us

Save the New York State Systems Advocacy Network (SSAN)

2010-01-13T06:14:00.000-08:00

Hello readers and SSAN volunteers.
This is extremely important, so please continue reading.

With budget cuts to critical programs threatened from all directions, now more than ever, the disability community desperately needs the Statewide Systems
Advocacy Network (SSAN)! Last year, when the State threatened to cut SSI payments, the SSAN alerted us all to the danger and collaborated with other groups
to put a stop to it. When home care was on the chopping block, the SSAN stood between consumer-directed personal assistance and the budget ax, spreading
the word so that policy makers heard from us before it was too late.

Now the SSAN may be at risk of being cut or reduced. The Statewide Plan for Independent Living (SPIL) for 2011-2013 is being decided, and some governmental
officials think that the SSAN is not a priority. Fortunately, the Statewide Independent Living Council (SILC) has co-signing authority with the State
on the Plan, but they are going to need our help. The SILC needs to hear from disability advocates across the State that the SSAN must be preserved in
full force, or we will not have the strength we need to raise our collective voices on the issues that are central to our lives. I am urging you to provide comments on the importance of the Statewide Systems Advocacy Network (SSAN) of which you are a part and how the SSAN has positively affected your life and the lives of persons with disabilities. Your positive comments are needed and are vital to the continuation of the SSAN program.

If you would like to provide feedback about any aspect related to the Statewide Systems Advocacy Network (SSAN), you need to respond by the end of business on Monday, January 25, 2010. The preferred method of response is electronic format; please email your comments to:
bradw@nysilc.org

Below is a copy of my own personal testimony, which you may use as a guide in helping to prepare your own.

Dear Brad:
On behalf of the Catskill Center for Independence, I thank you for the opportunity to provide input on the importance of including funding for the SSAN in the 2011 – 2013 State Plan for Independent Living. Please do not hesitate to contact me for further information or feedback.

As you know, we at the Catskill Center for Independence assists individuals with disabilities in the achievement of independence in everyday life. The Center provides a variety of services, which ensure that its consumers have ready access to up to date, accurate information and viable options for obtaining services which best serve their individual needs. The Center also provides information and assistance to friends and family members of individuals with disabilities, employers, landlords, other agencies and members of the private and business sectors of the community in the development of a barrier-free environment.

We provide these services while maintaining and promoting the Independent Living Philosophy and serve Delaware, Otsego, Chenango and Schoharie Counties. Services are provided to all individuals without regard to race, color, creed, sex, national origin, age or nature of disability in accordance with all local, state, and federal regulations and laws.

We as an independent living center through the Statewide Systems Advocacy Network (SSAN) inform our legislators at the local, State and Federal levels of issues of importance to people with disabilities and as such, how these concerns should be incorporated in the development of legislation and the implementation of policy which serves us all. As a result, many legislative changes have occurred, which have benefited persons with disabilities by helping to increase their independence and integration in our society. We also through various educational and outreach programs help inform our consumers of the various legislative processes and how they can make changes in their lives through the voting process and through other communications vehicles such as responding to action alerts, writing letters and making telephone calls to our legislators.

I believe, we have all proven, that the best way to promote coordinated and effective systems advocacy that addresses the needs of people with disabilities throughout New York State is to use Title VII, Part B funds and allow the continued functioning and possible expansion of the existing Statewide Systems Advocacy Network (SSAN) that has been in place and operating across New York for the past several years. Since its inception, the SSAN has grown to become an increasingly effective network of educated and dedicated disability advocates, who have had a significant affect on the development of disability related law and its benefits to the disability community.

Participation in the SSAN has provided tremendous value to the Catskill Center for Independence, as well as to our staff, our consumers, and our community as a whole. In coordination with the SSAN, CCFI has developed a reputable systems advocacy program in the community that currently comprises more than 150 active local volunteer disability advocates.
Our center continues to not only meet, but also exceed the requirements of the SSAN contract in all points. We continue to develop relationships with our local and State legislators, inform our consumers, legislators and other members of our community through our newsletter The Legislative Lookout, our blog at SSAN-network.blogspot.com and through other presentation and educational vehicles.

We at the Catskill Center for Independence strongly urge you to consider how effective the SSAN has become in mobilizing such a large number of disability advocates from across the state to act on pressing disability issues. In fact, CCFI recommends that the SPIL include an increase in funding for the SSAN program for the next three year cycle. The increase in funds should provide for an increase of SSAN Centers and for each Center to receive additional funds to further expand its SSAN activities.

Increased funding levels for SSAN would have an exponential impact to the outcomes that could be achieved across the state. Not only would there be a increase in number of potential disability advocates that are trained, mobilized and ready to act on advocacy initiatives, but participating Centers would have a more realistic level of resources available to pay for staff and for travel expenses that are often tied to any effective advocacy efforts.

Continuing to develop our local SSAN network would help assure the true integration and full inclusion of individuals with disabilities into the mainstream of society. The SSAN is only as strong as the access that its participants have to our public policymakers.

Respectfully Submitted:

Charles M. Reichardt
Systems Advocate
Catskill Center for Independence

No Cuts for Independent Living Centers

2009-12-08T09:58:00.000-08:00

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.

Governor Paterson and the New York State Budget CrisisIn late November of last year, the Legislature concluded an Extraordinary Session convened by Go

2009-12-08T09:47:00.000-08:00

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.

Changes in Social Security for 2010:

2009-10-19T11:01:00.000-07:00

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

Obama looks to increase hiring of disabled workers

2009-10-19T07:46:00.000-07:00

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.

Disabled Governor “Disses” New Yorkers with Disabilities

2009-10-06T09:33:00.000-07:00

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.”

2009-08-24T11:16:00.000-07:00

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

MindFreedom International Thanks President Obama for Support of UN Treaty on Disability and Human Rights

2009-07-28T12:12:00.000-07:00

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

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

2009-07-20T07:36:00.000-07:00

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.

Obama Backss Helping Hands For Long-Term Care

2009-07-14T12:33:00.000-07:00

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.

Where Things Currently Stand In Albany

2009-07-02T09:53:00.000-07:00

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.

With Albany in chaos, Board of Elections staff party in Finger Lakes

2009-06-30T12:31:00.000-07:00

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.

EEOC Votes to Revise Rules to Conform to ADA Amendments Act

2009-06-24T06:55:00.000-07:00

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.

From the White House - President Obama Commemorates Anniversary of Olmstead and Announces New Initiatives to Assist Americans with Disabilities

2009-06-22T12:45:00.000-07:00

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.

NYAIL Disability Priority Agenda - bill status

2009-06-10T08:33:00.000-07:00

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

55B Employment Program

2009-05-05T13:28:00.000-07:00

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!

Through Children's Eyes

2009-05-05T08:21:00.000-07:00

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.

National DBTAC Launches Accessible Technology Web Site!

2009-04-15T08:52:00.000-07:00

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.

Assemblymember Clifford Crouch Supports Timothy's Law

2009-04-15T08:09:00.000-07:00

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

Stimulus Bill Provides Business Contracts with Disabled Entrepreneurs

2009-04-06T10:32:00.000-07:00

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

Accessible Voting Down Under

2009-04-06T08:33:00.000-07:00

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"

Home Health Program Becoming a National Model

2009-04-06T08:19:00.000-07:00

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/

New York State Budget - Victories For People With Disability

2009-04-05T08:11:00.000-07:00

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.

Transit outlook grimmer after record '08

2009-04-01T13:05:00.000-07:00

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."

Recession hits Social Security increases

2009-04-01T13:01:00.000-07:00

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

The race in New York’s 20th Congressional District

2009-04-01T07:07:00.000-07:00

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.

GOVERNOR PATERSON ANNOUNCES ENACTED BUDGET AGREEMENT INCLUDES MAJOR REFORMS TO NEW YORK’S HEALTH CARE SYSTEM, RECORD SAVINGS FOR TAXPAYERS

2009-03-30T11:19:00.000-07:00

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.

consumer directed services strengthened in the budget

2009-03-30T08:50:00.000-07:00

Melanie Shaw
Executive Director
New York Association on Independent Living

Monday, March 30, 2009

NYAIL's 2009 health care priority was the increase in access to and use of consumer-directed services. In response to the concrete proposals we brought
to the Governor and the legislature, the budget agreed to by state leaders and printed over the weekend 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 when the budget is passed 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.

These resources and changes to the CDPAP statute would not have come about without your advocacy. Thanks to those of you who came to Albany on March 17th
and who responded to action alerts thereafter. Thanks also to the persistent advocacy of Kevin Cleary, NYAIL's lobbyist.

More on the budget as we review it today...

Melanie

Melanie Shaw

Executive Director

New York Association on Independent Living

One Commerce Plaza

99 Washington Ave., Suite 806A

Albany, NY 12210

Ph. 518-465-4650

FAX 518-465-4625

email
mshaw@ilny.org

website
www.ilny.org

In an exclusive interview with Disability Scoop Top White House Aide Talks Disability Policy

2009-03-30T08:39:00.000-07:00

In an exclusive interview with Disability Scoop
Top White House Aide Talks Disability Policy

By Michelle Diament
March 24, 2009

In February Vice President Joe Biden announced the selection of Kareem Dale as the first ever special assistant to the president for disability policy.
Now, in an exclusive interview with Disability Scoop - Developmental Disability News, Dale defends the president following his misstep on The Tonight Show recently and talks about what’s next in the administration’s plans for people with disabilities.

To read the article in its entirety goes to:
www.disabilityscoop.com

GE Universal Design - Kitchen Design for All Ages, Sizes, and Abilities

2009-03-25T11:11:00.000-07:00

Although each of us has a unique profile consisting of height, age, ability, strengths, weaknesses, and preferences, most homes are designed to fit a "standard"
person. As a result, many of us struggle to reach or operate sink fixtures, cabinets, and appliances. GE believes the time has come for kitchens
and homes that fit the real needs of real people—needs that will change over time.

For more information visit:
http://www.geappliances.com/design_center/universal_design/

Invitation To Join A New NYS Paratransit Forum / Think Tank / Workgroup

2009-03-25T11:06:00.000-07:00

Hi All,

I wanted to invite everyone on our NYAIL transportation committee, along with others to a new NYS paratransit forum / think tank / workgroup.
This is going to be an active group where everyone involved all over the state can ask and answer paratransit (and some rural) questions as well as see what’s working out in different areas. Basically, those of us working on paratransit issues for others need to work together to find solutions and share them with the group.

We’ll also be announcing webcasts and audio casts all around the country for people who wish to attend them on these issues. We’ll also keep informed on all the new information and updates coming from the FTA OCR that deal with disability transportation and especially paratransit issues.

There is funding out there for even going BEYOND ADA minimum level paratransit. One issue is how to get our transit agencies in on this funding and using it properly. So from paratransit 101 to beyond ADA paratransit, this group is a must for everyone who works on disability transportation issues.

At some point we may even be able to get someone from DC’s OCR on it or a national advocate or two.

If YOU aren’t interested in it or too busy, consider others - system advocates, social workers and advocates that are dealing with callers with paratransit problems they don’t know how to solve. – or that they HAVE solved! (They can help others).

Send this around to other professionals that you know who may be interested in NYS.

I can be contacted in one of the following ways: By replying to this if you’re on the NYAIL committee or by e-mailing advocate@mobilityfreedom.org

Anyway, please let me know if you wish to join it

Donna

Donna Suhor

Executive Director

Capital District

Coalition for Accessible Transportation

P.O Box 685

Troy, NY 12181

(518) 273-1110 (Voice and Relay)

(518) 273-3092

http://www.mobilityfreedom.org

Disability Advocate's Visit To A Packed Capitol Tuesday March 17th Was Timely And Effective

2009-03-25T10:54:00.000-07:00

On Tuesday March 17th 2009 approximately 100 advocates from independent living centers from across the state converged on the Capital Building in Albany New York to participate in increasing the awareness of the legislature and governor of we as people with disabilities and about our priorities for long term care and community integration in the 2009-10 state budget and state disability policies.

In an email message on March 19th, Melanie Shaw Executive Director of the New York Association on Independent Living (NYAIL) said that “our visit to a packed Capitol Tuesday was timely and effective, as leaders of the Assembly and Senate continue negotiations with Governor Paterson towards passing an on time budget April 1st. We gained the support of Sen. Tom Duane and Assemblyman Richard Gottfried for our proposal to increase access to CDPAP.”

She also said that “We are very hopeful there will be no cuts to home care and personal care, nor to SSI benefits for people who live in the community. The negotiations are ongoing however and we will continue to update you.”

According to Melanie, that By 11:30 a.m. there were over 100 disability advocates in neon green shirts with colorful signs gathered in the War Room of the State Capitol.

The following link will take you to some pictures taken at the Albany protest on St. Patrick’s Day, courtesy of the Center for Disability Rights (CDR).

http://www.facebook.com/editphoto.php?aid=69764&id=13882767549#/album.php?aid=69764&id=13882767549

We asked state legislative leaders and the governor to:
· Increase consumer direction in Medicaid-funded long term care through increased access to the Consumer Directed Personal Assistance Program (CDPAP), a move which will generate substantial Medicaid savings in a time of state budget crisis.
· Stop cuts to personal care and home care services
· Restore funding to Independent Living Centers that help people with disabilities stay in the community and avoid institutionalization
· Stop cuts to SSI for people with disabilities who live in the community

Melanie continued by explaining, that “in no time, our presence was known and the leadership team met with Joe Baker, Deputy Secretary of Health and Human Services for the Governor, Val Grey, Assistant Deputy Secretary of Health and Human Services, and Mark Kissinger, Deputy Commissioner for Long Term Care for the New York State Department of Health. Following his discussion with the leadership team, Joe Baker addressed advocates in the War Room, emphasizing the importance of our advocacy to the governor and legislature. Shortly thereafter, Senator Tom Duane, new chair of the Senate Health Committee also addressed the group, assuring those gathered that he will work with people with disabilities in his new role toward full community integration.”
After we left the War Room, we gathered in small groups near all entrances to the Senate and Assembly Chambers in preparation for session beginning at 3:30 p.m. Flyers with our message were distributed to legislators as they arrived for session and many stopped to discuss the issues with members of our group.

Finally a large group of hardy advocates made their way to the LOB and paid a visit to Assemblyman Gottfried’s office to reinforce the message of the day.

Melanie expresses her thanks to everyone who made the trip to Albany from all across the state to voice their priorities for long-term care and community integration in the 2009-10 state budget including the leadership team, CDR for staffing, planning and funding assistance, our lobbyist Kevin Cleary who was with us throughout the day and CDPAANYS.

Melanie Shaw

Executive Director

New York Association on Independent Living

One Commerce Plaza

99 Washington Ave., Suite 806A

Albany, NY 12210

Ph. 518-465-4650

FAX 518-465-4625

Email
mshaw@ilny.org

Website
www.ilny.org

Timothy's Law

2009-03-11T08:01:00.000-07:00

Urge State Leaders to Make Timothy's Law Permanent!

Timothy's Law, New York's landmark statute mandating comparable coverage for mental health treatment expires this year. In addition, although this was a huge victory for us all, the law did not include PTSD.

Timothy's Law has increased access to treatment for thousands of New Yorkers with psychiatric disabilities. In the absence of swift legislative action the landmark victory that people with psychiatric disabilities and their families won in 2006 will come to an end!

We need to ensure that Timothy's Law does not expire. It's time to take this message directly to state leaders; we need to end the discrimination!

Call your legislative leaders and urge them to pass S.1646/A.5659 AND S.185/A.4572, acts to make Timothy's Law permanent and add PTSD.

Call

Assembly Speaker Sheldon Silver - 212-312-1420

Senate Majority Leader Malcolm Smith - 718-528-4290

Leave the following message:

"I'm a registered voter from (your locality) calling to urge you to make Timothy's Law permanent and add PTSD! Pass S.1646/A.5659 AND S.185/A.4572 Now!”

Proposed Cuts To SSI

2009-02-18T13:16:00.000-08:00

Governor Paterson’s proposed Executive Budget for 2009-2010 does NOT preserve the safety net for SSI beneficiaries.

Although there has been no increase in the state supplement for 20 years, this year, Governor Paterson is proposing to cut the state supplement to SSI payments for New Yorkers who are aged, blind or have a disability by over 25% for individuals and couples living alone in the community and 45-70% for those living with others.

In June 2009, the monthly state supplement would be reduced:
for individuals living in the community: from $87 to $63 for couples: from $104 to $77 for individuals living with others: from $23 to $7 for couples living with others: from $46 to $25.

Despite the expected cost of living increase to the federal benefit, individuals who depend on their SSI income in order to pay their rent or buy their groceries cannot afford the proposed cuts to state benefits.

Now more than ever we need to preserve the safety net for SSI beneficiaries.
Now is the time to urge the Governor to rescind his proposal to cut critical SSI benefits of vulnerable New Yorkers!

CALL THE GOVERNOR'S PUBLIC LINE AT 518-474-8390 AND LEAVE THE FOLLOWING MESSAGE:

"I'm a registered voter from (your locality) calling to urge Governor Paterson: Not to balance the budget on the backs of SSI beneficiaries: restore the SSI cut!"

Introduction

2009-01-06T11:33:00.000-08:00

My name is Charlie Reichardt. I am the Systems Advocate at the Catskill Center for Independence. The center serves people with disabilities and their families in Delaware, Otsego and Chenango counties in Central New York.

As advocates we are 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) of which we are a part. This blog is designed to promote discussion and keep you informed about the goals, actions and accomplishments of the SSAN. It also provides ideas and avenues for interested citizens to get involved.

If you think about it: advocacy is something all of us do every day. Sometimes the issues are national, sometimes they are local and sometimes they are personal, but they are always important because they are our issues. It is when our voices are in concert that we speak the loudest and are heard. Due to the involvement of dedicated individuals we continue to reach out to and assist persons with disabilities enabling them to live more independent, productive and rewarding lives.

The SSAN employs a variety of strategies and methods in its efforts to achieve the goals outlined in the New York Association on Independent Living (NYAIL) Disability Priority Agenda. Volunteers across the state stand “at the ready” to mobilize into action when called upon. This mobilization typically starts with an “action alert”. An action alert is akin to a “call to arms” and is issued by the NYAIL Advocacy Coordinator whenever action is required to further the goals of the Disability Priority Agenda.
Action alerts are issued electronically to the Systems Advocates employed by various independent living centers throughout the state. In some cases action is required in support of an issue, regulation, or legislation, and in other cases action is required to oppose it. Either way, the action alert can require volunteers to respond in a variety of ways such as:
· Contacting legislators by phone fax and/or email
· Writing a letter to the editor in support of or opposition to a legislative issue
· Providing oral and/or written testimony on a given topic
· Participating in voter registration drives and/or get out the vote campaigns
· Engages in political action when necessary to achieve a goal.

The Systems Advocates are then responsible for contacting the volunteers they work with locally to inform them of the action alert and assist them in completing the tasks required in the alert. The Systems Advocates also provide education and training to volunteers both individually and in group settings whenever necessary to assist them in learning how to respond or improving their ability to respond to the action alerts.

The Catskill Center for Independents 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. If you think you might qualify, please contact Charlie at the Center at 607.432.8000 or via email at ccfi@ccfi.us.

We look forward to your comments, having lively discussions and the sharing of ideas.

Charlie Reichardt
Systems Advocate
Catskill Center for Independence