New Horizons Un-Limited Inc. New Horizons Un-Limited Inc.November 2001 - U.S. Supreme Court to reexamine American with Disabilities Act (ADA)
U.S. Supreme Court will further examine the Americans with Disabilities Act (ADA) in the case Chevron U.S.A. Inc. v. Echazabal, No. 00-1406. The suit was brought against Chevron by Mario Echazabal, who as a job applicant was refused a refinery position after a physical exam revealed a chronic liver disease that could be aggravated by the chemicals in the refinery. The federal appeals court in San Francisco, which found that "disabled persons should be afforded the opportunity to decide for themselves what risks to undertake", initially ruled upon the suit. Chevron has appealed this decision, stating that such a ruling would endanger employers of being held legally liable for aggravated injuries relating to preexisting conditions. While the ADA states that an individual "shall not pose a direct threat to the health or safety of other individuals in the workplace," it makes no mention of a direct threat to the individual performing the job function. An additional issue arises in defining a "qualified individual" under the ADA. Chevron questions whether or not Echazabal, whose condition would make the refinery position inherently dangerous, is indeed considered a "qualified individual." With evolving interpretations of the language of the ADA, it is difficult to determine how the court's decision will impact future rulings.
November 2001 - Defining disability - an ongoing battle
Americans with Disabilities Act (ADA) is again at the center of a case brought before the U.S. Supreme Court. And, again, the question arises of "how disabled does one have to be to be covered by the ADA?" In the case brought against Toyota Motor Corp. by Ella Williams, Williams argues that a repetitive stress injury to her wrists and shoulders limited her capacity to perform one aspect of her former assembly line position. She further argues that when she requested a transfer, Toyota Motor Corp refused and dismissed her from her position. Toyota Motor Corp. argues that they had only dismissed her from her position when she refused to come to work and that her injury causes a "specialized, idiosyncratic limitation" and does not substantially limit a major life activity, as the language of the ADA defines a disability. In other words they are arguing that Williams does not qualified as disabled under the language of the Americans with Disabilities Act. This case has drawn much attention, with several justices questioning the merit of the case, stating that the ADA was designed to protect "a limited class of people: the handicapped" and not designed to protect as Justice Scalia stated, "everyone who lost a thumb." The Bush Administration has also filed a brief in support of Toyota Motor Corp.
H.R. 567 - Expanding Medicaid Coverage for Disabled Children
This bill introduced by Representative Andrews (D-NJ), amends Title XIX (Medicaid) of the Social Security Act to allow coverage of disabled children, or individuals who became disabled as children without regard to income or assets. If enacted, this legislation would provide coverage for every child with a disability, and every adult who became disabled as a child. This legislation would remove the need for private insurance for families with disabled children. The federal government would provide for their health care needs. In addition, the bill contains no restrictions on income, every family with a disabled child or individual who became disabled as a child would be eligible for coverage. The bill was introduced on February 13, 2001 and referred to the Committee on Energy and Commerce for review and markup. No further action has been taken up to this point.
H.R. 214 - Keeping our Promises to Special Education Act of 2001 / H.R. 659 - Act Authorizing Full IDEA Funding by 2006 / H.R. 737 - Mandatory IDEA Full Funding Act of 2001 / H.R. 835 - IDEA Full Funding Act of 2001 / H.R. 976 IDEA Keeping Our Commitment Act of 2001 / H.R. 1330 - Helping Children Succeed by Fully Funding the Individuals with Disabilities Education Act (IDEA)
These five pieces of legislation all have the same intent - to provide the full 40 percent funding of the cost of educating children with disabilities promised in the original IDEA legislation passed, in 1975. Under the original legislation, the federal and state governments were to share the costs of educating children with disabilities. However, the federal government has never met its commitment to fund 40 percent of those costs. The most the federal government has ever provided was 14.9 percent. Each of these bills restores the 40 percent funding level, but each one does so at a different rate, or over a different time period.
The most recent bill, H.R. 1330, was introduced on April 3, 2000 by Representative Ferguson (R-NJ). The bill directly authorizes and sets for appropriation funds for the next 6 fiscal years, meeting the requirements outlined in the original IDEA legislation. H.R. 1330 currently has 67 cosponsors in the House and the Senate version (S. 466) has 30 cosponsors with members from each party.
H.R. 344 - Social Security Disability Waiting Period Elimination Act of 2001
This legislation eliminates many of the barriers for individuals with disabilities now face when trying to receive benefits from the government. H.R. 344 amends Titles II and XVIII of the Social Security Act to eliminate the current 5-month waiting period for an individual to qualify for benefits based on their disability status. In addition, it further eliminates the 24-month waiting period for individuals with disabilities to qualify for Medicare benefits. This bill was introduced on January 31, 2001 by Representative Frank (D-MA) and referred to the Ways and Means Committee. If enacted, this piece of legislation would greatly reduce the amount of time a disabled individual would face before being eligible to collect benefits. Currently, many individuals with disabilities must try to survive for months before they can receive income, and must depend on the charity of others to provide for their day-to-day needs.
H.R. 481 - Disabled Workers Opportunity Act of 2001
Introduced by Representative Stark (D-CA), this legislation amends the Ticket to Work and Work Incentives Improvement Act of 1999 to allow for immediate coverage of Medicare for disabled workers. Under current law, once a worker becomes disabled, there is a waiting period before that worker is eligible to receive Medicare benefits. If enacted, this law would allow disabled workers to re-enter the workforce sooner after becoming disabled. They would not have to fear injury because Medicare would allow them to receive medical care. The bill currently has 51 cosponsors, enjoying strong support among Democratic members of the House of Representatives.
July 17, 2001 - Americans with Disabilities Act settlement sets a benchmark for the retail industry
May Department Store Company, based in St. Louis, Missouri, has agreed to make their stores more accessible to individuals with disabilities. The settlement to the class-action lawsuit brought by disabled shoppers, will require that renovations be made to their 430 stores to include wider aisles, as well as wheelchair accessible fitting rooms and bathrooms. While these changes will be made in the next three years, within 18 months the stores will lower displays 3 feet and remove tablecloths that have the potential to tangle in wheelchair wheels. This settlement may prove to be a precedent for several other lawsuits brought against the retail industry. It appears as though after eleven years, the ADA has finally brought the reality of accessibility into the lives of so many that have waited.
June 19, 2001 - President Bush making strides for Americans with disabilities
On Tuesday, June 19, 2001, President Bush announced the implementation of new regulations that require federal agencies to make assistive technology available to federal employees with disabilities. The regulations, which were required under a 1998 law passed by Congress, will provide employees with a variety of disabilities the opportunity to work more efficiently. The President also signed an order on Monday, June 18, 2001 directing federal agencies to ensure that states are providing community-based programs as an option for all Americans with disabilities. This order expands a 1999 Supreme Court decision, which found that states should place individuals with mental disabilities in community settings versus institutional facilities. Each of these orders has stemmed from Bush's $8.6 billion plan, the New Freedom Initiative, announced earlier this year.
June 2001 - A new employment guide has been published through a collaboration of several government agencies
Americans with Disabilities Act (ADA), A Guide for People with Disabilities Seeking Employment has been published through a concerted effort of the Social Security Administration, the Equal Employment Opportunity Commission and the U.S. Department of Justice, Civil Rights Division. The guide is arranged in an easy to follow question and answer format. It discusses how the ADA protects individuals, what an individual must do to request a reasonable accommodation and how an individual can go about filing a discrimination complaint. It also lists several important contact numbers.
May 29, 2001 - Supreme Court rules in favor of professional golfer with circulatory disorder using a cart in the PGA
The United States Supreme Court ruled with a 7-2 decision, on Tuesday, May 29, 2001, that Casey Martin may use a motorized cart during the PGA tour and further that the tour must waive its requirement for players to walk the course. Martin's battle began in 1997 when he sued the PGA, citing that the Americans with Disabilities Act (ADA) granted him the right to use a motorized cart throughout the tour. This decision upheld a previous lower court ruling made in March of 2000 claiming in contrast to the tour, that walking the course was not a fundamental part of the game and that riding in a motorized cart would not give Martin a significant advantage over other golfers. The ruling has spurred concern over the implications on professional golf, in that, many golfers with undefined disabilities may feel inclined to also apply for the use of a cart. Still, the ruling has implied, in line with the ADA, that as long as the use of adaptive technology does not fundamentally alter the nature of the activity, an individual must not be refused its use. This ruling certainly could be the precedent that sets forth a wave of similar rulings supporting all Americans with disabilities.
April 2001 - The Americans with Disabilities Act's reach will be further tested in future court cases
The Americans with Disabilities Act has recently been put in the spotlight by several, recent key court decisions. Once again, several new cases are questioning the ADA's definition of disability or lack thereof. Several questions remain, "Who is protected?", "How much protection is warranted?" There continues to be widespread confusion and uncertainty among lower court officials in terms of the vague definitions provided in the ADA. Both cases, that are scheduled to be heard this fall, were previously dismissed by district court judges. Many more similar cases are expected in the years to come.
March 12, 2001 - New bill introduced calls for the review of polling place accessibility
The bill, introduced the week of March 12, 2001, suggests the government establish a commission that will review polling places and study ways in which each site can be made more accessible. The bill also calls for $3.5 billion in government funds that would allow each state to adopt statewide standards for voting machinery by the next presidential election in 2004. The bill, according to Hilary Shelton, director of the NAACP's Washington bureau, "addresses not only the technical and mechanical problems, but also the problems of voter intimidation, voter suppression, and voter disenfranchisement that still exist 36 years after enactment of the original Voting Rights Act of 1965." There is some concern that the bill, if passed, will suggest the federal government is dictating to the states, therefore infringing state's rights. There is no word as to when the bill will be voted on.
March 8, 2001 - H.R. 956 107th Congress Bill to restore Social Services Block Grant
There is a bill before the House of the 107th Congress "to restore funding for the Social Services Block Grant, and restore for the fiscal year 2002 the ability of States to transfer up to 10 percent of funds from the program of block grants to States for temporary assistance for needy families to carry out activities under the Social Service Block Grant." This includes community-based services and supports nationwide that allow physically and mentally disabled individuals to remain stable, independent and economically self sufficient.
February 21, 2001 - Supreme Court rules that individuals cannot sue states for monetary damages under the Americans with Disabilities Act (ADA)
According to the Associated Press a February 21, 2001, 5-4 ruling by the United States Supreme Court has found that the ADA does not permit individuals to sue states for financial compensation. While individuals can still "file lawsuits seeking a court order without financial damages, and the federal Equal Employment Opportunity Commission can sue the states," it is highly improbable that either option will be used by individuals. This decision has ultimately created a shift in power from the Federal level to the state level; claiming that Congress had overstepped its authority when allowing state workers to file claims that sought financial damages. This decision could prove disastrous for the future of the ADA. Only time will tell if future lawsuits' rulings will be found similarly. For the full story, visit Yahoo News World Full Coverage Disabilities and Disabled. For further insight into the adequacy of the ADA visit New Horizons Un-Limited Editorials: Is the Americans with Disabilities Act Working for You?.
February 2, 2001 - President George Bush unveils "New Freedom Initiative"
In George Bush's words the "New Freedom Initiative" is "an important step in ensuring that all Americans with disabilities, whether young or old, can participate more fully in the life of their communities and of our country."
The initiative begins with a calling for greater access to assistive technology such as text telephones, specially adapted computer monitors for those with visual impairments, or infrared pointers for those with mobile impairments. This access will be made possible through increased federal funding for low interest loans (for individuals) as well as increased investment in the research and development of such technologies. The Bush administration will also work with businesses so that more assistive technologies are made available in the market
There is then a call for an expansion of educational opportunities for Americans with disabilities. States will receive an increase in Individuals with Disabilities Education Act (IDEA) funds so that they can better equip schools with the necessary means to educate students with disabilities.
The initiative also includes a plan that will lead to the integration of individuals with disabilities into the workforce. This will involve increasing access to telecommuting equipment so that individuals can work from home. Federal matching funds will be granted to states so to provide low-interest loans to individuals interested in purchasing the necessary equipment. There will also be an incentive offered to businesses that provide computer or Internet access to those employed at home. Another aspect of this plan is the "swift implementation" of the "Ticket to Work Program," which allows individuals to choose their own support services while also securing health benefits. A third aspect of this proposal involves enforcement, through technical assistance, of the Americans with Disabilities Act (ADA). A final effort will be made towards the funding of innovative transportation solutions, while also providing federal matching funds to community organizations that provide transportation services.
The underlying objective of this initiative is to ultimately promote and increase full access to community life for individuals with disabilities. This will be accomplished through promoting home ownership through the "American Home Ownership and Economic Opportunity Act of 2000" which will entitle individuals with disabilities to use up to one year's worth of vouchers to assist in making a down payment on a home. There is also a hope to establish more integrated community-based environments for individuals with disabilities. President Bush also hopes to create a National Commission on Mental Health. The commission will not only serve as a means to analyze America's current system but will also lead to the implementation of improved treatments and technologies. Finally, there will be an initiative to improve access to facilities currently exempt from Title III of the ADA. Such facilities include churches, mosques, synagogues, and civic organizations. There will also be an effort in improving the accessibility of polling places.
Although the Initiative is yet to be approved and implemented, it is indeed a giant step towards greater inclusion of all individuals with disabilities. For more information about this initiative, visit the White House website.
January 22, 2001 - General Services Administration issues a notice to adopt Access Board standards for electronic and information technology into the Federal procurement regulations
The General Services Administration (GSA) has issued a notice to adopt the December 21, 2000 standards for electronic and information technology under Section 508 of the Rehabilitation Act proposed by the Access Board. The rule has been proposed so to improve the accessibility of electronic and information technology used by the Federal Government, which will also ultimately improve employment opportunities for individuals with disabilities. These standards will not be limited to Federal Government agencies however. Private businesses will also be subject to the enforcement of this law. As the final rule is yet to be formulated, this notice has been issued so that everyone may better understand the implications of these proposed standards. You may remit your comments until March 23, 2001 to: General Services Administration, FAR Secretariat (MVR), 1800 F Street, NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405. You may also send your comments via e-mail to: farcase.1999-607@gsa.gov. If you have additional questions regarding these standards, visit Federal Acquisition Regulation; Electronic and Information Technology Accessibility; Proposed Rule.
January 17, 2001 - Supreme Court Hears Casey Martin Case
The Supreme Court is now considering a lawsuit brought by disabled golfer Casey Martin against the Professional Golfers Association (PGA) for the right to use a golf cart during PGA events. The PGA contends that walking is an essential part of the game and allowing Martin to use a golf cart gives him an unfair advantage. Martin contends that the Americans with Disabilities Act (ADA) would allow him to use a golf cart to participate. The decision will be very close and will create a standard for which the ADA can be applied. A ruling is expected sometime within the next year.
January 8, 2001 - United States District Court ruled that requests for next day paratransit service must be met under the Americans with Disabilities Act
On January 8, 2001, the United States District Court ruled, paratransit services must comply with the United States Department of Transportation's regulation, which states, services must "schedule and provide paratransit service to any ADA paratransit eligible person at any requested time on a particular day in response to a request for service made the previous day." This ruling means that transportation services must accept requests made just 1 day in advance. If you have been denied transportation contact the U.S. Department of Transportation by calling (888) 446-4511 to file a complaint.
December 27, 2000 - H.R. 5640 American Homeownership and Economic Opportunity Act of 2000 signed by the President
The American Homeownership and Economic Opportunity Act of 2000 was signed by the President and became public law on December 27, 2000. This bill offers homeownership assistance for disabled families. A public housing agency under section 8 may provide assistance for a disabled family to purchase a home the disabled family member will own and occupy. The disabled family must meet other requirements of the public housing agency. This bill includes incentives to increase the number of disabled Americans who own homes.
December 21, 2000 - Government websites and new federal IT technology must be accessible to the disabled according to newly issued rules.
New federal guidelines have been issued by the Architectural and Transportation Barriers Compliance Board, requiring federal agencies with websites to be fully accessible to the disabled within six months. This change comes in the wake of the Justice Department's indication that the Americans with Disabilities Act applies to websites. Some legal experts believe that these new rules may eventually be applied to private commercial websites as well. In the same report, the board issued new standards for federal procurement policy, requiring all IT equipment purchased by the government to be accessible to the disabled. To view the report please visit Access Board.
December 2000 - Ticket to Work and Work Incentives Improvement Acts of 1999 begin implementation.
The Social Security Administration has begun implementation of the recently passed legislation which allows individuals with disabilities receiving supplemental income to receive a ticket. These tickets allow the individual to seek employment, vocational rehabilitation services, or any other services to allow them to obtain self employment. Tickets will be distributed in phases with certain states entering the program. The first phase includes the following states: Arizona, Colorado, Delaware, Florida, Illinois, Iowa, Massachusetts, New York, Oklahoma, Oregon, South Carolina, Vermont, and Wisconsin. For more information on the program, please visit the Social Security Administration's Reference Page.
October 11, 2000 - Supreme Court Hears Case With Large Implications for the Americans With Disabilities Act
On October 11, 2000 the Supreme Court heard oral arguments in the case of University of Alabama v. Garrett. The main issue that the court must consider is whether the 11th Amendment, which prevents the judicial branch from being used to sue individual states, prohibits lawsuits filed under the Americans with Disabilities Act (ADA). If the Supreme Court finds in favor of University of Alabama, states would have little motivation for enforcing the ADA because they could not be punished for non-compliance. The ADA would lose much of its power to compel states to provide services for the disabled. A ruling in this case is expected sometime in the summer. For more information visit the American Civil Liberties Union, Protection and Advocacy, or U.S. Department of Justice.
This act amends multiple sections of the Social Security Act to help provide families with disabled children to purchase health insurance for those children. First, the act amends Title XVII to give states the option of allowing families with disabled children to buy Medicaid coverage. Also included is a provision to provide treatment for psychiatric hospital services for individuals under 21, paid for by the government. States must apply with the Health and Human Services Department for pilot projects before a full-scale program can proceed. Second, the act amends Title V of the Social Security Act and adds appropriations for Health and Human Services to create special projects to develop family-to-family health information centers. Third, the act amends Title XIX to restore eligibility for Medicaid coverage for certain Supplemental Security Income recipients who are under 21.
This bill is the portion of the federal budget to be spent by the various federal agencies including the Departments of Labor, Health and Human Services, and Education. These agencies handle issues affecting the disabled, from education spending to the budget of the Department of Justice, the department that enforces the ADA. The bill contains a total of $7.4 billion for education programs for children with disabilities, a 23% increase over the previous year. Included in this is $6.3 billion for state grants to support vocational and rehabilitation programs for the physically and mentally disabled.
106th Congress S. 1809: Developmental Disabilities Assistance and Bill of Rights Act of 2000.
The Developmental Disabilities Assistance and Bill of Rights Act of 2000, S. 1809, was signed into law on October 30, 2000, and became public law 106-402. The bill contains three major provisions: support for individuals with developmental disabilities, family support, and a program for direct support workers who assist individuals with developmental disabilities. This legislation supports individuals with disabilities directly, their family members, or others who support non-related individuals with disabilities. According to President Clinton, "The legislation re-authorizes programs that support people with developmental disabilities and helps them achieve their maximum potential through increased self determination, independence, productivity, and integration in all facets of life." If you want more information, please visit the Thomas database at the Library of Congress where you can view the legislation by searching for either by Senate or public law number.
106th Congress S. 88: A bill to amend the Social Security act to exempt disabled individuals from being forced to enroll with a managed care program under medicaid.
This legislation was proposed as a change in the medicaid program. Currently, states may require its medicaid recipients to enroll in a managed care entity to help reduce medical costs. The new proposal would amend title XIX of the Social Security Act (the medicaid program) allowing individuals with disabilities to be exempt from entering into a managed care program in order to receive medicaid benefits.
The bill was introduced on January 19, 1999 in the Senate. The bill was sponsored by Senator Jim Bunning, read twice in the Senate and referred to the Senate Committee on Finance. No further action has been taken at this point and the bill remains in committee. Currently, there are 13 co-sponsors of the bill. They include: Senator Kent Conrad, Senator Christopher Dodd, Senator Richard Durbin, Senator Tim Johnson, Senator Joe Lieberman, Senator Mitch McConnell, Senator Rick Santorum, Senator Tom Daschle, Senator Byron Dorgan, Senator Daniel Inouye, Senator John Kerry, Senator Blanche Lincoln, and Senator Charles Robb.
106th Congress S. 1935: The Medicaid Community Attendant Services and Supports Act of 1999 (MiCASSA)
Recognizing that there is an increasing demand from individuals with disabilities for long term health care services and supports from home and community based sources, the Senate has introduced S. 1935. This bill amends title XIX (medicaid) of the Social Security Act to provide coverage of community and home based care under the existing medicaid program. Under the current program, 75 percent of medicaid funds are for long-term services and are spent on nursing homes and intermediate care facilities. Only 25 percent of funds pay for in-home health care services and community based options.
This bill provides for a change in medicaid coverage for home and community attendant services and support for eligible individuals with disabilities. It would allow for medicaid funding to be used by the disabled for alternate care options at home or in a community setting, rather than continuing the traditional practice of favoring nursing home care. Additionally, it directs the Department of Health and Human Services to establish task forces to develop consumer responsive long term care services, to create a task force to examine funding methods for these services, and to report to Congress on how expenditures under the program can be reduced by these community attendant services. The bill authorizes an appropriation for the necessary programs.
Senator Tom Harkin originally introduced the bill on November 16, 1999. It is currently being co-sponsored by only two other Senators, Senator Arlen Specter and Senator Mary Landieu. The bill was referred the Senate Finance Committee where it is awaiting action.
106th Congress H.R. 4055: The IDEA Full Funding Act of 2000
When originally proposed, the Individuals with Disabilities Education Act stated that the federal and individual state governments would share in the excess cost of educating children who have disabilities that exceed the funds allocated for each child. Part B of the Act provided that the federal government would contribute up to 40 percent of the average additional per pupil costs of educating children with disabilities. Currently, the federal government has only contributed approximately 13 percent of the excess expense and not fulfilled its obligation. This act authorizes appropriation of this 40 percent commitment gradually until full funding is achieved by 2010. The bill authorizes 7 billion of spending for the fiscal year 2001, 9 billion for fiscal year 2002, and increases in increments of 2 billion through the fiscal year 2010 until full funding is achieved. The bill was originally introduced in the House of Representatives on March 22, 2000. After referral to the House Committee on Education and the Workforce, the bill was ordered reported to the floor of the House for consideration on May 3, 2000 and passed on the same day on a vote of 421-3. The bill was then sent to the Senate for consideration. Then, it was referred to the Senate Committee on Health, Education, Labor and Pensions. Now, it is waiting for markup and to be reported before it will be considered by the entire Senate.
Main Categories / NHU E-Mail Form / NHU Community Discussion Board