Tag Archives: ADA

Your Vote Counts: The FAQ for voting

Today is Texas primary runoff election day, choosing the rest of the candidates for November. For National Disability Voter Registration Week, ASAN – Autistic Self Advocacy Network – has published a voting toolkit. Your Vote Counts: A Self-Advocate’s Guide to Voting in the U.S. gives you the what’s-what and how-to to get you up and casting your big vote this November. But it’s important to get going on it now.

Thanks to the League of Women Voters Houston and Linda Cohn for the heads up. The League of Women Voters has a ton of info about elections, candidates and issues.

Monday: Rev up Natl Disability Voter Registration Week

July 13-17 AAPD kicks off its REV UP campaign to get 35 million disabled Americans registered and to the November voting booths. Their website contains a ton of materials to sign up you and your community members. There’s all kinds of ways to participate and make a big impact from home.

– Share the Online Voter Registration Portal. Direct folks to AAPD’s custom registration portal at weall.vote/aapd, powered by When We All Vote, where they can register to vote in just a few minutes.

– Host a Virtual Event. Host a virtual event to help voters in your state understand the rules, disability voting rights, voting options, safety-protocols, and key dates for the 2020 elections.

– Organizing Virtual Text-banking. AAPD has partnered with When We All Vote to use OutVote, an app that helps individuals to use texting to get out the vote among their friends and family. Check out instructions for using OutVote in our NDVRW 2020 toolkit.

– Activate your Social Media. Use the power and reach of social media to share our online voter registration portal weall.vote/aapd, motivate your network to register and vote, and inform voters on your state’s election rules and dates.

– Use their NDVRW 2020 Toolkit. The Toolkit provides key resources and info.

Get organizing.

Federal and State: In Pandemic, Disabled Americans Fight a Two-Front War for Their Lives

Cathy Cranston of Austin, Texas, paid a visit to a friend. He uses a wheelchair, and the community attendant whom he relies on for getting in and out of bed, toileting, dressing, meals and more, has young children and missed a few days. During the COVID-19 pandemic this is common: Most community attendants are mothers or grandmothers, Cranston said, and school closures have them scrambling for child care. As head of advocacy group Personal Attendant Coalition of Texas (PACT), she is also a grandmother and a professional community attendant for 30 years, but this one she’s doing for free, because he’s a friend and she wants him to keep his home.

“But the reality is, not everybody has that informal support,” she said, “so then what happens is they go without.”

Another man in the Round Rock, Texas, area is one of those without “informal support,” the industry euphemism for unpaid family, friends or other individuals who fill in gaps in service, whom Cranston says the state often relies on and even expects. After undergoing numerous surgeries for the slow-healing, excruciating pressure sores that strike people in wheelchairs (often because of insufficient help that leaves people stranded in their chairs), the man fights to stay out of institutions.

Sometimes he can’t find attendants, Cranston said, and “he makes a decision to stay in bed and just gets up when he can… otherwise he’s in bed… It’s not a good quality of life and it only makes it worse for him… That already existed before COVID-19 and this pandemic’s only exacerbated it.”

Even before COVID-19, the home-care system in Texas was under severe pressure. Community attendants care for 178,000 people with disabilities and seniors living at home or otherwise in the community, and are paid through Medicaid at a base wage set by the legislature that is far below other jobs, resulting in a median 67 percent annual turnover rate. Adding in the severe disruptions of the pandemic makes people with disabilities and the elderly face the prospect of institutionalization at the most dangerous of times:

46 residents and staff members test positive for COVID-19 at Round Rock nursing home

COVID-19 is ravaging nursing homes. Government records show why

‘Playing Russian Roulette’: Nursing Homes Told to Take the Infected

Coronavirus crosses grim milestone of 10,000 deaths in US nursing homes

Attendants’ “very, very low rate of pay” and lack of paid sick leave “present the risk of bringing the virus into the home of a person who is at high risk, which is a foolish plan to say the least,” said Dennis Borel of the Austin-based advocacy group, Coalition of Texans with Disabilities. “A failure of the community-care system would put our highest risk population into the riskiest locations. That’s a pretty frightening scenario.”

But this isn’t only about Texas. Nationally, the essential workers who provide home-based community services (HBCS) are low-paid and in short supply. With the advent of COVID-19, the frailties of these systems are being pushed to the brink. The warning signals from this and related issues have mobilized the disability community to protect their rights and access to treatment and critical resources like HBCS. In Washington, all eyes are on the stimulus: Congress has spent about $3 trillion without meeting vital needs of an at-risk population.

“There have been certainly some important first steps that have been included that are quite helpful, but many disability community priorities have not been included,” said Alison Barkoff of the Center for Public Representation, one of numerous national groups advocating for the disabled. “Specific priorities of the disability community have not yet really been a focus for Congress.”

The second bill, the Families First Coronavirus Response Act, included a 6.2 percent increase in Medicaid, which funds HCBS. It provided some workers with paid sick and family medical leave, including provisions for family members to step in when service has been disrupted due to COVID-19 or otherwise (although only 12 percent of essential workers are covered). The third bill, Coronavirus Aid, Relief, and Economic Security (CARES) Act, funded state and local governments with $400 billion, and issued $1,200 Recovery Rebates to individuals, which advocates made sure would not count against means-tested programs like Medicaid and Social Security. It also funded state emergency response, disability housing and independent living, and special education.

“So there were some things in there, but we have been advocating very, very hard on targeted funding to home and community-based service systems,” Barkoff said. “We know the most important things that we can do to help people with disabilities who are at high risk for being infected and having really poor outcomes if they get the virus is helping people stay at home… It’s the concept of an HCBS state grant program that is really a top priority.”

This month the House of Representatives passed a $3 trillion Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act. It includes over $900 billion to state and local governments, a second round of $1,200 Recovery Rebates, a 14 percent boost in the federal contribution to Medicaid, a 10 percent boost in HCBS and supports and paid leave for attendants and family caregivers. It faces resistance in the Republican-controlled Senate, where Majority Leader Mitch McConnell cited the need to slow spending.

While national advocates push for the follow-up stimulus, Barkoff urges activists to put pressure on the states, too.

“On the HCBS side there’s so much flexibility that states have,” she said. “There are a number of types of emergency applications that states have been submitting to the Centers for Medicare and Medicaid Services, and they have a lot of flexibility about… some positive things that can make people accessing services easier, bringing new providers online, waiving requirements around pre-authorization, or allowing people to get longer fills for their medications or supplies than would normally be allowed, and that is also another place where I think state advocacy is so important.

“Then [there] is these big chunks of money that have gone to states, whether it’s the 6.2 percent [Medicaid] bump or the big pot of money that went to states for recovery or even the education funds – it’s going to be really important for the disability community to advocate at the state level so some of those funds flow into disability systems, whether it’s about special education or HCBS systems. I mean, you could see those monies going completely to other priorities at the state level.”

On the care-rationing issue, after successfully urging the Department of Health and Human Services’ Office of Civil Rights to release a statement underscoring the equal rights of the disabled for access to treatment and equipment such as ventilators, CPR and allied groups focused on state-level actions by filing complaints against eight different states challenging their potentially discriminatory Crisis Standards of Care plans.

State-level discrimination can extend to PPE as well, Barkoff explained.

“In terms of access to PPE, you know there’s limited supplies and in many states community providers are not considered essential health workers, or they’re providing [PPE] in institutional settings but not in community settings. To me, that is discrimination and really places people at serious risk of getting infected for COVID-19. It sounds like some people who use equipment at home are having a hard time getting that equipment… because it’s being prioritized to hospital settings.”

In Texas, Cranston heads the advocacy group, Personal Attendant Coalition of Texas (PACT). When asked about social distancing in her close-contact line of work, she laughed at even the notion. The fears of attendants and recipients both over bringing the virus into homes has injected a whole new level of uncertainty into being able to provide service. “That’s why it was so important to have PPE place from the very beginning. Our state wasn’t fully prepared and we understand that. Nobody thought, ‘Oh gosh, here comes a pandemic,’ but the reality is… our state leaders have a responsibility to the people that receive services and… they have a responsibility to have these these things put in place.”

Cathy’s husband, Ron, relies on HBCS and said that one of his caregivers lost three-quarters of her hours due to COVID-19. Under the system, arranging caregivers is his own responsibility, and he said that so far “I’ve been very fortunate” to receive his 25 hours of weekly care, but concerns about safety and unpredictability are a constant. For example, attendants are predominantly female and some lack adequate childcare with schools being closed.

According to the Cranston and Borel, low wages and lack of benefits are forcing caregivers out of the profession, leaving clients facing the prospect of institutionalization. Fifty-four percent of attendants rely on means-tested assistance like SNAP. The base pay of these essential workers, as set by the legislature, is $8.10 per hour. By contrast, she pointed out that local grocery stores are hiring, increasing wages and taking steps to keep their workers safe while offering hazard pay, leaving the important work of attendants underpaid by comparison. She said the median age for attendants is over 45 years old, and the low pay is not bringing younger workers into the field. “It’s not sustainable.”

“The chicken place a block from my office starts pay at $15 an hour. There’s a sign at the pizza joint around the corner that says our drivers make up to $20 an hour,” Borel said. “We have gotten into a society that values a pizza or a chicken sandwich more than it values the dignity and health of our fellow human beings.

“They’re spending massive amounts on federal supports to bail out certain industries. So we’re going to bail out the cruise ship industry before we’re going to bail out our direct-care workers who go into the homes of people at the highest risk of severe illness. I understand there’s low-paid workers at hotels and cruise ships and they need to be taken care of as well, but if you’re really interested in the workers, why don’t you include the workers currently at the frontline of this pandemic?”

Cranston joined Barkoff’s call to boost HBSC pay and sick leave with the billions flowing to states through federal stimulus dollars and increased Medicaid funding. For Texas, she called on Gov. Greg Abbott and the legislature to use Budget Execution Authority to reapportion funds to solve this long-standing problem, or to tap into a $8.5 billion Rainy Day Fund maintained by the state.

She also advocated Medicaid expansion, which in Texas would insure more people at 90 percent federal expense and would bring home tax dollars that her state pays to effectively expand Medicaid for other states. Part of the Affordable Care Act, Medicaid expansion remains available to 14 states.

Whether at the state or federal level, Barkoff said that in the new coronavirus environment of empty offices and unanswered phones, activists are having success using email and social media. They’re pressuring the leadership using shared hashtags and videotaping their personal stories as attachments, with impassioned pleas like Cathy Cranston’s:

“We have to address this issue. It is not going to go away and… they must do it now because what… we’re saying is people with disabilities’ lives are not worth it, as well as the workers’ that provide those services. We’re saying, let them die, it’s okay.”

$30 gift card for Hotel info survey

From United Spinal Association:

Indiana University is conducting a survey to evaluate whether accessibility information provided by hotels are meeting the needs of people with spinal cord injury (SCI).

Study results will help commercial lodging facilities provide better accessibility info to guests with SCI. A $30 gift card (Amazon or Visa) will be sent to survey participants (people w/ SCI or caregivers). Contact the research team at travelx@indiana.edu or call 812-855-9037 for a link to the survey.

Get Offa Your Platform: Sign petition for hotel standards to aid disabled travelers

Please sign this petition to set hotel standards for bed height and clearance under the bed (for a patient lift). Almost 30 years after the ADA, lots of people still check into hotel rooms to find they cannot use them.

Many disabled travelers use a Hoyer lift, which rolls underneath a bed. Most hotel beds are either too high or they sit atop a box platform, so that the lift cannot work. I think the platforms stop guests from forgetting things underneath the beds and take away the need for cleaning there. But most hotel staff and even managers seem to have no idea about the platforms at all, so there’s a lot of misinformation given as reservations are made. Even when we ask point-blank about platforms, we usually get a wrong answer. Happens to me all the time. Kind of puts a damper on your vacation, to say the least. This is why we’ve slept in the car for years. Safe, huh? And if we’re doing it, others are too. Let’s change this.


Mom, cracking my knuckles won’t give me arthritis!: 11 Health Myths

Mom, cracking my knuckles won’t give me arthritis!: 11 health myths that may surprise you — Well Blog

Public option health care reform would help MS patientsNewport News Daily Press

ABOVE: Open your mouth and say $200 co-pay (Photo: Adrin Snider, Daily Press)

Insurance that’s bad for you: When high deductibles discourage treatmentNew York Times

We are at crunch time on this: Call your Senators (Capitol Switchboard 1-800-826-3680) and the President (1-202-456-1111, or write a message at http://www.whitehouse.gov/contact/). Tell them you want a national public option, no co-ops, no waiting period.

COGAIN (Communication by Gaze Interaction) project develops gaming-with-gaze tech — European Commission Headlines

Veterans Affairs Receives Surge of Disability ClaimsNew York Times

Choosing a college for a student with learning disabilities — McClatchy News

National Endowment for the Arts hosts summit to promote artistic opportunities for disabled — 7th Space Interactive

Popular Sacramento burger joint to relocate due to ADA suit, others struggle to complySacramento Bee

Brian Hahl, tireless fundraiser for MS, dies training for his 20th rideLehigh Valley Express-Times

Who says drummers just trash hotel rooms? Mass drum-in raises thousands for MSLondon Daily Telegraph

ABOVE: 582 drummers drumming — Stick It to MS (Photo: PA)

Crank up Heavy Load, the disabled punk band — CNN

Today, 54 countries mark the first MS Day

Today, 54 countries mark the first MS Day — UPI

Happy 29th Birthday, ADA

Above, President Bush unlocks a new era in civil rights, May 27, 1990, with the great activist Justin Dart in his trademark hat by his side. Also, clockwise, EEOC Chairman Evan Kemp, the Rev. Harold Wilkie and National Council on Disability Chairman Sandra Swift Perrino.

Census numbers on disabilities and accommodations in USA — Census Bureau

High Court Nominee Appears Favorable, Disability Advocates SayDisability Scoop

Oral drugs and new treatments for MS on the way — PRNewswire

American Idol David Archuleta raises $50,000 for MSSalt Lake Tribune

Summer Sun Without the Burns and Bug Bites — NPR

One of us on the Court

The president’s nomination of Sonia Sotomayor looks to be an inspired one. The political world has already begun slogging her with the typical mud and innuendo, but I believe most of us can still admire another historic first we have witnessed in our lifetimes — and the disability community can rejoice in what is an outwardly a sympathetic judicial voice!

Sotomayor has authored a pair of notable defenses of the ADA (both dissents, or losing causes). However, my favorite write-up of the day, though brief, includes this interesting insight:

She is a person with a disability: Type One diabetes, diagnosed when she was eight years old. People with diabetes are generally covered under the Americans with Disabilities Act …

In an interview with the New York Daily News in 1998, Sotomayor said her disability shaped her career choice. People with disabilities weren’t allowed to become detectives like her hero Nancy Drew, she said she was told, so she decided to become a lawyer instead.

(Source: PatriciaEBauer.com, Sotomayor nomination renews discussion of diabetes)

It’s a perspective that’s an interesting contrast to, say, the late Chief Justice William Rehnquist, who provided for plenty of work accommodations due to his bad back, yet whose court could be so antagonistic to ADA accommodations beyond its own chambers.