Monday, November 2, 2015

Get out in the community!

Being part of the community is worth the struggle

Louis Patrick with ADAPT in 2007By Louis Patrick

My wheelchair is five years old, so, theoretically, Medicare would approve my getting a new one. I talked to the company I’ve been dealing with for several years, and we agreed on the specifications for a new chair. I should have known things are never so easy. I got a call last week from someone in the company telling me that Blue Cross had turned me down. They needed more information—preferably medical, of course. He said the company would re-file.

It’s been my experience that it’s not wise to leave such matters unattended. I called BC/BS’s “customer service” line and asked to speak to someone in the group who had denied my claim.  The sweet young rep explained that she couldn’t do that; they had different phones. She looked up my records and told me that, yes, my claim had been denied, they didn’t have enough information to establish that I needed an ultra-light chair, but that I had the right to “appeal.” They had not received an appeal from the company yet. She called them and found out they had not have received the denial by mail yet; she would fax it to them. If I liked, she could fax or mail the appeal application to me, but, no, they aren’t allowed to use email.




Louis Patrick

Now, first thing, I’m 68 years old, as is my wife. Silly me, that alone seems like reason enough; nobody my age should have to lift a tank of a wheelchair. I didn’t think to tell the rep that, however. I did tell her that I’m very active; I’m out and about very often through the week. I drive and need to be able to get my chair in and out of the car easily. Also, my wife needs to be able to get the chair in and out of the trunk when she and I are riding together. And I reminded her that being active in the community, dealing with other people, is a well proven tonic for health. Staying bottled up at home alone is a killer.

Insurance companies are great believers in Nancy Reagan’s philosophy: “Just say no.” Whenever possible, deny claims. Adjudicate. Wrap up the claim in red tape. Many, if not most, people will simply accept the denial.

I was at the Center talking about this with a good friend. She had just been denied payment on a feature that reclines the chair, taking pressure off the tush. She was told she was eligible for a “Group 2” chair but not a “Group 3” chair. Again, to be active in the community for several hours the reclining feature is very helpful—and healthful.

I’ve also heard before that Medicare was clamping down on heavy duty wheelchairs unless needed IN the home. This is a straight-forward matter of health: Get out of the house! Get out in the community! It’s better for you.

Never take no for an answer. Fight for the equipment you need to stay active.

Louis Patrick is on the Board of MCIL.

Louis Patrick shakes hands with someone

Friday, October 30, 2015

Action Alert: Stop Another Attack on the ADA!

Federal Legislation to limit Americans with Disabilities Act Enforcement


By: Mike Bachhuber and Steve Higgins
NCIL ADA, Civil Rights Subcommittee Co-Chairs 



ADA Leagcy Tour Bus
They couldn't wait for the banners to be taken down from 25th Americans with Disabilities Act (ADA) 25th Anniversary celebrations. Adding insult to injury, Representative Poe (R-TX) introduced H.R. 3765, the ADA Education & Reform Act, on October 20, 2015. The bill has already garnered support from others, including Representatives Collins (R-GA), Jolly (R-FL), Marchant (R-TX), and Lamar Smith (R-TX). Please reach out to your Representatives and ask them not to support this piece of legislation.  

The bill is being touted as an education bill, which is a new approach by the American Hotel & Lodging Association and others supporting it. You may remember when NCIL members held a “pool party” at their office (located just a few blocks from the 2012 NCIL Annual Conference) after they supported similar legislation to damage the ADA.  


ADA Notification Act with a Twist 

Evan Kemp watches as George H.W. Bush signs the ADA

H.R. 3765 contains language similar to that used in past proposed legislation that would have limited the ADA. Section 3 of the bill creates a new crime for sending "a demand letter… alleging a violation of [Title III] of the Americans with Disabilities Act of 1990…" that does not meet certain requirements. This in itself is damaging and unacceptable. In no other civil rights legislation is it a crime to file a complaint. 


Should this legislation pass, it would become effective 30 days after enactment. Now is the time to reach out to your legislators and ask them not to support H.R. 3765, which would create additional barriers to our civil rights as persons with disabilities. If enacted, this bill could set damaging precedence potentially affecting other civil rights legislation by making notification a crime.  


NCIL will be working with other disability rights organizations to stop this bill. Should additional actions be required, we will reach out to the membership. We must ensure that the ADA stays strong by stopping proposals like this before they gain traction.

Wednesday, October 28, 2015

MCIL Work plan 2015 - 2016 Systems Change Activities



Housing

Issue: lack of affordable, accessible, integrated housing

Annual objective: Increase knowledge of and access to affordable, accessible, integrated housing.

Planned Activities:


  • Continue providing home modifications as funding permits and develop materials for alternative resources to make accessible home modifications.
  • Increase accessible housing by creating or making changes to local policies and ordinances.
  • Collaborate with funders and other partners to create and maintain a clearinghouse for current accessible housing information and referral and other issues.
  • Educate consumers on fair housing rights with a workshop.
  • Explore federal housing vouchers for people transiting from Nursing Facilities.

Transportation

Issue: need for reliable, affordable, accessible transportation

Annual objective: Increase awareness of accessible transportation options.

Planned activities:

  • Increase attendance, activities and support for BRU. 
  • Monitor, respond and collaborate with groups and other organizations working to increase availability of all forms of transportation.
  • Implement a tracking tool and methods for collecting information on indicators effectiveness
  • Advocate for an increase in the state budget for additional transportation.

Healthcare

Issue: lack of adequate healthcare

Annual objective –Assist people with disabilities in Shelby county or surrounding areas to obtain or maintain healthcare and needed services for community living

Planned Activities:

  • Collaborate, monitor, network and support efforts of THCC to expand Medicaid coverage in Tennessee
  • Monitor and respond to any issues arising from attempts to sign up for Affordable Health Care for individuals with disabilities
  • Monitor and advocate with State and Federal legislators to maintain and expand long term care and home and community based services
  • Collaborate, monitor and advocate with Tenncare, MCOs and other related agencies to ensure that all allowed services are provided
  • Outreach to nursing homes and assisted living facilities in Shelby and Tipton counties
  • Provide peer mentors to individuals transitioning from nursing homes as requested to assist with maintaining successful community integration

Assistive Technology

Issue- lack of knowledge and access

Annual Objective: Increase the use of appropriate affordable AT by people with disabilities

Planned Activities:

  • Create and produce a model and guide for use of selected AT in the community.
  • Collaborate with other agencies and organizations for people with disabilities to remain knowledgeable of current AT that will provide for successful independence.
  • Provide workshops on specific mobile devices and how they may be accessible and effective to people with disabilities.
  • Train Peer Mentors as Technical Mentors in appropriate affordable AT.
  • Allow use of the MCIL computer lab.

Other – Barriers to full integration

Issue: Community Access barriers


Annual objective - Educate, advocate and participate in groups supporting a more accessible and livable community 

Planned Activities:

  • Work with community partners to create a Memphis ADA plan.
  • Educate consumers, business owners and community partners in access requirements, regulations and laws.
  • Find, document and respond to problems related to public access.
  • Identify and educate potential consumers in Tipton County and underserved areas of Shelby County about ways to facilitate a more accessible, inclusive community.
  • Monitor, ensure and promote access to ballots, polling sites and the election process.

Other – Barriers to full integration

Issue: Attitudinal Barriers

Annual objective; Expand disability awareness and decrease attitudinal barriers and societal stigma

Planned activities:

  • Work with community partners to create at least 1 annual citywide summit or conference related to an identified issue or barrier to independence.
  • Expand disability awareness through group community activities.
  • Use language and etiquette awareness presentations.
  • Find and expose attitudinal barriers in at least one instance.

Other – Barriers to full integration

Issue: Increase Socialization and decrease isolation

Annual objective; Increase opportunities for education, socialization and community inclusion

Planned activities:

  • Identify gaps in youth transitioning and collaborate to identify potential solutions.
  • Collect stories of consumers who have successfully transitioned.
  • MCIL staff, board and volunteers involvement in community activities, governing boards, advisory committees and local government to ensure equal participation of people with disabilities.
  • Through outreach and networking maintain and update appropriate referral resources, expanding to include Tipton county
Text Graphic: The Memphis Center for Independent Living

Thursday, October 22, 2015

Transportation Access and Experiences

Public Transit Survey for People with Disabilities

By Jill Bezyak


Advocates pose in front of the Road to Freedom bus
I would like to invite you to participate in a national survey titled, Transportation Access and Experiences. The survey is designed to improve understanding of accessibility of public transportation for people with disabilities. This survey is being conducted by the ADA Participation Action Research Consortium (ADA-PARC), a collaborative research project of seven ADA Regional Centers (Lex Frieden and Joy Hammel) This project focuses on community living, community participation & work/economic participation disparities of people with disabilities (For more information, visit the website: www.adaparc.org). These organizations would like to improve our understanding on transportation access of people with disabilities and use this information to make improvements at regional and national levels.

The survey is interested in receiving as many responses as possible from people with disabilities based on their personal experiences with public transportation. Please feel free to share the survey with potentially interested entities. The results will serve as crucial evidence to support improvements to accessible transportation. If you have any questions or comments regarding this survey, please contact Jill Bezyak from the Rocky Mountain ADA Center at jill.bezyak@unco.edu

Please use the link below to access and complete the survey:

https://unco.co1.qualtrics.com/SE/?SID=SV_00wcGeTOzGL2lQ9

Community and Work Participation Disparities for People with Disabilities A Program of the Americans with Disabilities Act Participatory Action Research Consortium  (ADA-PARC)
 
Jill Bezyak, Ph.D., CRC is an Associate Professor at the Human Rehabilitative Services School of Human Sciences, University of Northern Colorado