Friday, October 9, 2020

Comment on the Fairness to Seniors and People with Disabilities During COVID-19 Act

Fairness to Seniors and People with Disabilities During COVID-19 Act (S. 4830)

Older Americans

On Thursday, October 22, Senators Brown, Casey, and Wyden introduced the Fairness to Seniors and People with Disabilities During COVID-19 Act
 (S. 4830). This legislation would protect older adults and people with disabilities from being required to repay extra Social Security or SSI benefits they received from the Social Security Administration (SSA) due to the agency suspending certain work during the COVID-19 pandemic. It is the companion bill to HR 7830, introduced in the House by Rep. Danny Davis.  

If passed into law, it would require SSA to automatically waive all overpayments that occurred between March 1 and December 31, 2020, without requiring the overpaid individual to request a waiver, unless there was determination of fraud, similar fault, or misuse by a representative payee in causing the overpayment.  

However, SSA has already published an interim final rule that sets up a “streamlined” waiver process for individuals who were overpaid between March 1 and September 30, 2020. This process requires the individual to contact SSA to request a waiver, even though SSA has already determined that the agency was at fault in causing the overpayment, and it would be “against equity and good conscience” to require the individual to repay the benefits.   

Justice in Aging submitted comments in response to this rule, urging SSA to waive all COVID-related overpayments automatically, without requiring individuals to request waivers. We believe this is the most equitable and efficient method for handling overpayments during this pandemic period, and is the approach taken in the Fairness for Seniors and People with Disabilities During COVID-19 Act

Today, Monday, October 26, is the final day to submit comments to SSA about the interim final rule.  

Friday, October 2, 2020

The New Fare System at MATA

Are the new features and vending machines accessible?

By Allison Donald, MCIL

Allison Donald

The Memphis Area Transit Authority, MATA, has made a number of changes to the fare system over the past few months to make the way riders pay easier and more efficient.  They have been developing a new cashless mobile payment system that brings MATA on par with industry standards.  MATA’s new payment system “Go901” will include ticket vending machines and point of sale systems soon.

GO901 Mobile, a new free mobile fare app, will allow passengers to purchase fare tickets and all day passes on their smartphones using a debit or credit card. The new app – which can be downloaded to Android or iPhones – is available in both Apple and Google Play stores.


“Our former fair system was 25 years old, and in need of change,” said Gary Rosenfeld, the MATA CEO. “For a wide section of our customer base this will allow them the opportunity to use mobile ticketing on board the bus.”


Passengers can tap their phones onto a scanner in the front of their MATA vehicle near the operator.  A scanner will indicate when the scan is successful, according to a MATA  release. GO901 also has other features, including allowing registered users to check their balance, purchase reduced fare and purchase passes.


“Any expansion of the different ways to pay fares can be a good thing,” said Curtis Tillman a MATAplus rider. “I can see myself using a reloadable card, because I would not want to download another app on my phone.”


There are still questions about the operation of the system like the proper procedure in the event of mistaken charges. And people with disabilities have concerns about the accessibility of the new system.  


“I am not excited to use the new system,” said Della Bailey a fixed route rider, “because they want too much information”.


If you have any questions about the new fare system and MATAplus riders-please feel free to contact LaBarbra Houston at 901-722-7100 and follow the prompt.  Also, this information is located on the MATA website at www.matatransit.com. 


Thursday, October 1, 2020

MCIL Work Plan 2020 - 2021

 MCIL Work plan 2020 - 21

Systems Change Activities

 

Housing

Issue: lack of affordable, accessible, integrated housing

Measurable Outcomes: MCIL participation in the Fair Housing Conference, The Memphis area MLS will include more accessibility features, MCIL will update and use the MCIL online housing tool, MCIL will produce a sample of barriers to housing and MCIL will provide four informational blog articles on housing.

MCIL Objective: Increase access of people with disabilities to affordable, accessible, integrated housing. Inform the community on the protections of the Fair Housing Amendments Act. Promote and educate the community on visitability.

Planned Activities:

 

  • MCIL will partner with local Realtors to improve the Memphis area Multiple Listing Service to include accessibility features of local housing. [March - May 2021 Reported in the db and MCIL Journal]

  • MCIL staff will collaborate on an updated MCIL online housing tool and general procedure for all questions concerning local housing. MCIL will promote self-advocacy in housing and track consumers Independent Living needs and goals related to housing. [All year, Reported in the db with service hours and goals]

  • MCIL will produce a sample of barriers to Fair Housing in our community. [Feb - April 2021 Reported in the db Community Activities and MCIL Journal]

  • Educate our community and legislators of the need for VISITABILITY and discrimination of townhouses and multi-level units. [January - June 2021 Reported in the db Community Activities and MCIL Journal]

  • Educate consumers on Fair Housing rights with a workshop in April 2021. Reinforce Fair Housing rights for people with disabilities throughout the year with 4 original blog posts and supplemented with social media. [April 2021 Reported in the db Community Activities, Social Media and MCIL Journal]

  • MCIL will advocate for more local funding for Minor Home Modifications for critical accessibility. [All year, Reported in the db Community Activities and Resource Development]


 

Transportation

Issue: need for reliable, affordable, accessible transportation

Measurable outcomes: MCIL online data, individual narratives, MCIL informational blog articles and Social Media posts.

MCIL Objective: Increase awareness of accessible transportation options and improve public transit

Planned activities:

  • Inform consumers and the Memphis community about public transportation and accessible public transportation with a workshop in the summer of 2021. MCIL will reinforce the workshop information with two original blog articles and social media. [May - July 2021 Reported in the db Community Activities, MCIL Journal and Social Media posts]

  • MCIL will produce an original bi-monthly informational article about paratransit in the area. [All year. Reported in the db Community Activities, MCIL Journal and Social Media posts]

  • MCIL will promote and improve the “Transportation Toolbox” that will inform consumers on how to use accessible transportation resources. [All year. Reported in the db Community Activities]

  • Monitor, respond and collaborate with groups and other organizations working to increase availability of all forms of transportation.  MCIL will advocate with local and state partners for an increase in the state budget for transportation and making ride-sharing providers accessible. [All year. Reported in the db Community Activities and 901 Rideshare report]

 

Healthcare

Issue: lack of adequate healthcare and long-term care

Measurable Outcomes: Healthcare industry data from the Sycamore Institute and the Tennessee Health Care Campaign, individual narratives and MCIL online data collection. 

MCIL Objective: Assist people with disabilities in Shelby county and surrounding areas to obtain and maintain healthcare and needed services for community living including living well with a disability.

Planned Activities:

 

  • MCIL will inform consumers about the Disability Integration Act. MCIL will collaborate with NCIL and ADAPT to end the institutional bias and produce two original MCIL Journal articles about our advocacy for this goal.  [All year. Reported in the db Community Activities, Social Media posts and the MCIL Journal]


  • MCIL will collaborate, monitor, network and support the efforts of Tennessee Healthcare Campaign to expand Medicaid coverage in Tennessee.   [All year. Reported in the db Community Activities, Social Media posts and the MCIL Journal]

  • MCIL will provide peer support to individuals transitioning from nursing homes and assist six people to move into the community.   [All year. Reported in the db individual services and goals]

  • MCIL will advocate with State and Federal legislators to maintain and expand long term care and home and community based services. The Center will collaborate, monitor and advocate with Tenncare, MCOs and other related agencies to ensure that all needed services are provided for people with disabilities.  [All year. Reported in the db Community Activities, Social Media posts and the MCIL Journal]

Assistive Technology

Issue: lack of knowledge and access to Assistive Technology

Measurable Outcomes: MCIL online data collection, individual outcome statements and MCIL blog articles and social media analysis. 

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

Planned Activities:

  • MCIL will create and produce an informal guide for the use of selected AT in the community. The Center will produce three articles on gadgets and peer accounts on how they may be used to participate in the community.  [All year. Reported in the db Community Activities and the MCIL Journal]

  • Train Peer Mentors as Technical Mentors in appropriate affordable AT. Produce at least one original blog post about assistive technology.  [All year. Reported in the db Community Activities,  related individual services and the MCIL Journal]

Other – Barriers to full integration

Issue: Community access barriers, attitudinal barriers, segregation of people with disabilities, isolation and regressive language. 

Measurable Outcomes: MCIL data collection, individual narratives and MCIL online resources.

MCIL Objective: Educate, advocate and participate in groups supporting a more accessible and livable community. Expand disability awareness and decrease attitudinal barriers and social stigma. Increase opportunities for education, socialization and community inclusion for people with disabilities. 

Planned activities:


  • MCIL will work with community partners to create a Memphis ADA plan.  [All year. Reported in the db Community Activities, Social Media posts and the MCIL Journal]

  • MCIL will educate consumers, business owners and community partners in access requirements, regulations and laws. MCIL will work with consumers on self-advocacy for gaining ADA compliance and give information and referral to businesses that wish to comply with the ADA. MCIL will produce at least three MCIL Journal articles on the ADA, one in July of 2021.  [All year. Reported in the db Community Activities, Social Media posts and the MCIL Journal]

  • Work with the SILC and Tennessee Centers for Independent Living to ensure accessible elections and polling sites.  [October - November 2021. Reported in the db Community Activities, Social Media posts and the MCIL Journal]

  • MCIL will expand disability awareness through group community activities. MCIL will produce an open house and resource development event in December of 2020. MCIL will produce a celebration of the 31st Anniversary of the ADA in July 2021 and will produce the annual Access Awards event in honor of Deborah Cunningham.  [Dec. 2020; July 2021;. Reported in the db Community Activities, Social Media posts and the MCIL Journal]

  • MCIL staff, board and volunteers will be involved in community activities, governing boards, advisory committees and local government to ensure equal participation of people with disabilities.  [All year. Reported in the db Community Activities, Social Media posts and the MCIL Journal]


Business and Resource Development

Issue: Limited funding and local resources.

Measurable Outcomes: MCIL development and financial data

MCIL Objective: Expand general funding and unrestricted development funds. Have a strategic planning to prepare MCIL beyond the next fiscal year.

Planned Activities:


  • MCIL will have a strategic planning meeting with all staff and board in the summer of 2021. The strategic plan will provide new guidance, reporting and tracking for MCIL staff.  [July - September 2021. Reported in the db Community Activities]

  • MCIL will continue and increase funding streams including fee for service programs, grant based projects and fundraising throughout the year that will promote the mission of MCIL.  [All year. Reported in the db Community Activities]

  • MCIL will work to promote the Deborah Cunningham Access Awards and Silent Auction as separate fundraising and outreach events.  [July and December 2021. Reported in the db Community Activities]


Management, data collection and compliance

Issue: New compliance standards from ACL and a new online database for MCIL staff.

Measurable Outcomes: MCIL will track and improve our data collection and produce meaningful outcomes that express the struggle of consumers to become independent. 

MCIL Objective: Be fully compliant with federal, state and local guidelines and use innovative practices to advance Independent Living in the Memphis area. 

Planned Activities:


  • MCIL will ensure that each intake consumer either has a signed, individualized, independent living plan or a waiver. The plan will insure that the services provided by MCIL are at the request of the individual and will promote their independence.  [All year. Reported in the db and monthly IL Team Report]

  • MCIL will produce a Policy Manual for the Board of Directors and a Policy and Procedure manual for all staff. [All year. Reported in the db and monthly IL Team Report]

  • MCIL will track consumer goals and follow-up with consumers their progress on each goal. [All year. Reported in the db and monthly IL Team Report]

  • MCIL will track outcome statements for each consumer. [All year. Reported in the db and monthly IL Team Report]

  • MCIL will create and follow a staff training schedule for the year so that each MCIL employee may refresh their proficiency. [All year. Reported in the db and monthly IL Team Report]

  • MCIL will create a social media plan and make daily posts to inform the community. MCIL will respond and react to social media and advance the general outreach of the Center with activities and issues. MCIL will use social media to promote events and issues of interest to the Memphis disability community. [All year. Reported in the db and monthly IL Team Report]

  • MCIL will use the online database to track consumers needs and consumer satisfaction. [All year. Reported in the db and quarterly SILC report]

  • MCIL will use the available resources to track phone use and printing. [All year. Reported in the db and monthly IL Team Report]

Monday, September 21, 2020

As coronavirus looms, Tennessee to resume visitation at nursing homes

Brett Kelman Nashville Tennessean

Tennessee will permit hundreds of nursing homes and similar facilities to resume visitation next month under significantly lessened coronavirus restrictions.

Starting Oct. 1, nursing homes and other long-term care facilities will be allowed to hold outdoor visits and limited indoor visits if they’ve gone two weeks without a new case of the coronavirus inside their walls, according to an announcement from state health officials.

The state will also allow nursing home residents to resume communal dining and some therapeutic and social activities, plus visits from barbers and beauticians. Once facilities have reached 28 days without an infection, they can open their doors to “essential caregivers” who help residents with intimate activities like feeding, bathing and dressing.

State leaders described the policy shift as a necessary evolution of a cautious strategy that saved lives but came with a high price.

“We know there is a great cost to pay when loved ones in a nursing home are isolated from their friends and family,” Gov. Bill Lee said Thursday afternoon. “After months of isolation, those costs mount emotionally, physically and otherwise.”

These new rules are a significant loosening of coronavirus restrictions, which currently prevent nearly all visits at almost every facility in the state, and a major pivot point in Tennessee’s recovery from the peaks of the coronavirus. Nursing home residents are among the populations most vulnerable to the virus, and outbreaks inside nursing homes are exceptionally difficult to stop, so these facilities have faced stricter regulation than any other kind of business.

Health Commissioner Dr. Lisa Piercey said the state’s cautious strategy had saved "dozens if not hundreds of lives," but that "has come at the expense of valuable time with loved ones, many of whom are in their twilight years.”

The restrictions have prevented some tragedy but not all. At least 536 Tennessee nursing home residents have died from the virus, according to state data, which is fewer than most other states. Nationwide, about 40% of all coronavirus deaths are residents and workers at nursing homes, but in Tennessee these deaths amount to only 25% of the statewide death toll.

Nursing home outbreaks span Tennessee from tip to tip. More than 7,500 infections have occurred in facilities in 90 of Tennessee’s 95 counties, and outbreaks have struck more than a dozen facilities in Nashville, Memphis and Knoxville — each. Even in Ducktown, a remote Appalachian mining community with only 500 residents, one nursing home has suffered 76 infections and nine deaths.

At least 20 facilities have been struck by multiple waves of the virus and are now combating their second, third and possibly fourth infection cluster, according to infection data published by the Tennessee Department of Health.

Until now, nursing homes have been permitted to have visitors only if they are in counties that meet a threshold few have been able to reach.

Visits were allowed in counties with fewer than 10 new infections per 100,000 residents over the past 14 days. On Thursday, only two counties — Scott and Hawkins — met this requirement.

As of Oct. 1, this threshold will no longer apply. County infection rates will no longer control visitation, and whether a nursing home can welcome visitors will hinge entirely on the number of recent infections inside of that particular facility.

At least some disease experts are wary about the change.

Before the new visitation rules were announced Thursday, Dr. James Hildreth, an infectious disease expert who leads Meharry Medical College, said he believed nursing homes could conduct safe visitation amid the virus, but it would be safest in counties where infections were few and far between.

“The lower the community levels of virus are, the safer it will feel doing that,” Hildreth said. “So, I honestly think that last metric we’ve got to tackle — cases per 100,000 residents — we’ve got to get that below 10 first.”

When asked how he would respond if this threshold were removed, Hildreth said he had “some concerns.”

“I would want to make sure some really rigorous protocols were put in place to protect residents under those circumstances, and they have to be strictly enforced,” he said.

Debbie Bolton poses for a portrait at her home in Gallatin on May 29, 2020. Bolton is the daughter of Clara Summers, a resident of Gallatin Center of Rehabilitation and Healing, who died of the coronavirus.

Despite concerns like these, the new visitation rules will likely be welcomed by thousands of families that have been kept apart for months.

Bobby Cogdell, 75, has in recent months struggled to spend time with his son, Lee, who is a paraplegic and lives in a long-term care facility in Camden.

Cogdell said the prolonged separation was so devastating to his son’s physical and mental health that he was at one point moved into hospice care and is now confined to his bed. Each week, Cogdell sits in a lawn chair outside his son’s window and they converse through the glass.

Soon, maybe, the glass will be gone.

“The separation has been as bad as the wreck that paralyzed him 32 years ago,” Cogdell said, beginning to cry. “I don’t think I could hurt any more than when I couldn’t see him. It was just absolutely terrible.”

Under the revised guidelines released by the state, visitors will still be required to follow restrictions. Regardless of if the visits occur outside or in indoor common areas, residents will be limited only two visitors who must pass a temperature screening and maintain a 6-foot distance. Visits will be capped at 45 minutes.

Visitors will be allowed to enter a resident’s room under only narrow circumstances: The resident is unable to leave the room; the visitor has a negative test within 72 hours; and the visitor has a negative point-of-care test at the nursing home facility.

Brett Kelman is the health care reporter for The Tennessean. He can be reached at 615-259-8287 or at brett.kelman@tennessean.com. Follow him on Twitter at @brettkelman.