New Horizons Un-Limited Inc. New Horizons Un-Limited Inc.The U.S. Chamber of Commerce is gathering forces to "bring down" the ADA Restoration Act. On December 17, 2007 the Chamber faxed every Member of Congress with a message that ADA Restoration goes too far with civil rights - that it expands protections beyond what Congress ever intended and, in essence, that the ADA was only ever truly intended for the "severely disabled." While the Chamber's message has been consistent, a legion of others have signed onto this letter.
The American Association of People with Disabilities has issued a call to action to anyone that hopes to counteract the Chamber's position:
The National Council on Disability (NCD) is a 15 member independent federal agency. They are formed to help advise government officials on the subject of empowerment of people with disabilities and their integration into all aspects of society. The NCD has advised congress to support the Americans with Disabilities Act (ADA) Restoration Act. The NCD believes that the Restoration Act will discourage courts from focusing solely on the argument of whether or not the person in deed has a disability. Rarely does the individual's job qualifications or the act of alleged discrimination get argued. The court sides with the employer 97 percent of the time.
The NCD had issued a report on October 1st outlining existing employment discrimination facts, and introducing new information on the assessment of barriers to employment, and how employment can be facilitated for people with disabilities. As things stand now, the employment rate of people with disabilities is only half that of those without disabilities.
Read the NCD report online: Empowerment for Americans with Disabilities, Breaking Barriers to Careers and Full Employment
Read an NCD issued press release, including NCD's recommendations.
Participate in the AAPD ADA Restoration Blog
Hearings:
The United States Chamber of Commerce has publicly opposed ADA Restoration and is urging members not to sponsor the bill. The Chamber of Commerce argues that they support equal opportunity yet they oppose the restoration of this important Act. The Chamber of Commerce, in a letter, mischaracterizes the ADA Restoration Act as an expansion of the ADA, when its actual intent is to reinstate the rights that the original ADA granted people with disabilities to help them find employment. Since the ADA's implementation, the employment rate of people with disabilities has not improved and two-thirds of people with disabilities say they would work if they could find a job.
In an effort to correct the Chamber's mischaracterization of the Act, Majority Leader Steny Hoyer, of Maryland, and Congressman Jim Sensenbrenner, of Wisconsin, sent a reply letter to the Chamber of Commerce. In the letter they refuted some of the mischaracterizations and errors of the Chamber's letter to the House of Representatives. The letter was to show their strong support of the ADA Restoration Act.
TAKE ACTION
Call or Write to the Chamber of Commerce:
U.S. Chamber of Commerce
1615 H Street, NW
Washington, DC 20062-2000
1-202-659-6000
1-800-638-6582
You are also encouraged to share your comments with the regional chamber offices. Visit www.uschamber.com/about/contact/regional.htm to find the nearest office.
Read the Chamber of Commerce Letter
Read the Hoyer/Sesenbrenner Letter
The Senate Finance Committee hearing on the Community Choice Act on September 25th was a great success. Many great points were made including those by Mitch La Plante, of the University of California, San Fransico, refuting the cost estimate of $10 to $20 Billion, estimated in 1997. His new estimate is for a cost of just $1.5 to $3.7 billion per year - a fraction of the original estimate. The turnout by the Senators was also good.
To find out more information about bill S.799 and bill H.R.1621 visit Thomas. Click on Search summary status at the top of the page. Type in Community Choice Act of 2007 and click on search, this will list which representatives support the bill, along with other summary information. If your representative is not on the list, educate him/her on the importance of this bill.
To view a Webcast of the hearing or to download the testimony of the presenters, visit www.finance.senate.gov.
Please mail ADAPT your comments on the Act so that they can use it for future reference. Testimony sent to ADAPT has no deadline. Contact ADAPT:
adapt@adapt.org
1640-A East 2nd St
Suite 100
Austin, TX 78702
Fax: 512.442.0522
The Senate unanimously approved S.588 on September 18th. Now, we must wait for the house approval of their version of the Bill. If the house version is passed, companies of 50 or more workers will no longer be able to set limits on mental health coverage unless similar limitations are set for medical and surgical benefits.
The House H.R.1424 passed the House Ways and Means Health Subcommittee on September 19th. H.R.1424 has passed the House Education and Labor Committee but must go through the full Way and Means Committee and the Energy and Commerce Committee.
H.R.1424 would, according to the Congressional Budget Office, only increase private sector premiums by 0.4 percent.
The Senate unanimously approved an amendment extending Family and Medical Leave Act (FMLA) leave for up to six months for the families of wounded servicemembers. The measure, titled the Support for Injured Servicemembers Act, was included as an amendment to the State Children's Health Insurance Program (SCHIP) reauthorization bill. The House version does not include the Support for Injured Servicemembers Act. Contact your house representatives to ensure that this measure is included in the final bill.
The Senate Finance Committee has scheduled a hearing on the Community Choice Act for September 25, 2007. The Community Choice Act will ensure that every American is given real choice when it comes to their long term care. The Act will require that state Medicaid programs cover community-based supports in addition to nursing home placement. Between now and September 25th, contact your House and the Senate representatives and ask them to co-sponsors this important legislation! Visit www.senate.gov and www.house.gov to determine your Members of Congress.
As reported on the House Committee on Veterans Affairs website a package of bills to expand veterans’ health care and benefits recently won approval in the House of Representatives.
H.R. 1315 – The Veterans’ Benefits Improvement Act of 2007
This bill provides specially adaptive housing assistance to disabled members of the Armed Forces residing temporarily in housing owned by a family member. The bill also establishes a scholarship program for students seeking a degree or certificate in blind rehabilitation.
H.R. 2623 – Hospice Care
This bill would prohibit the collection of copayments for all hospice care furnished by the Department of Veterans Affairs.
H.R. 2874 – The Veterans Health Care Improvement Act of 2007
This bill addresses the needs of low income veterans and their families by providing financial assistance for those residing in permanent housing and support services as they transition from homeless to housing. H.R. 2874 addresses the needs of veterans currently readjusting from combat duties by allowing veterans to access successful readjustment programs offered in their communities. The bill addresses the needs of veterans living in rural areas by providing program grants for transportation to department medical facilities and by providing necessary training for peer outreach services for returning service members.
To learn more about what is being done on the legislative front for veterans, visit the House committee website.
On July 26, 2007, the 17th Anniversary of the Americans with Disabilities Act (ADA), Majority Leader Steny Hoyer (D-MD) and Representative James Sensenbrenner (R-WI) introduced the ADA Restoration Act of 2007. The legislation will clarify Congress' intent and restate language of the ADA in an effort to restore the Act's protections and therefore the rights of people with disabilities. Over the years, the courts have whittled away at the ADA's intended, broad protections, continuously ruling against people with disabilities. There is particular concern when looking at employment descrimination cases. Courts have ruled in favor of employers 97% of the time, often before the person has even had a chance to show that the employer treated them unfairly.
If you want your rights restored, now is the time to act! Following are a few ways, as presented by ADA Watch and the National Coalition for Disability Rights (NCDR), you can ensure the passage of this important legislation.
As issued by Justice for All, a service of the American Association of People with Disabilities
Medicare is phasing in a rule that is restricting access to intensive inpatient rehabilitation services for many individuals with disabilities, injuries, or chronic conditions who need these services. Without access to an appropriate level of rehabilitative care, many of these individuals will wind up in nursing homes to receive a lesser level of care, which often impedes or completely prevents independence and a return to home and community!
Medicare's so called "75% Rule" is restricting access to inpatient rehabilitation care by requiring inpatient rehab hospitals or units to treat a particular percentage of patients with one or more of 13 specified medical conditions. In other words, even if a physician finds it medically necessary for an individual to receive inpatient rehabilitative care, an inpatient rehabilitation hospital or unit may have to deny that individual access if they do not have the "right" diagnosis.
Stopgap legislation has been introduced in both the Senate and House (S. 543/H.R. 1459) that would prevent this Medicare rule from going into effect. Contact your Members of Congress and urge them to co-sponsor the "Preserving Patient Access to Inpatient Rehabilitation Hospitals Act of 2007" (S. 543, H.R. 1459). Particular attention should be given to contacting Members who have supported MiCASSA, Community Choice Act, and similar versions of this legislation in previous Congresses as well as the Chair and Ranking Member of the Finance Committee. The initial target list includes the following: Sen. Ken Salazar (D-CO), Sen. Joseph Lieberman (D-CT), Sen. Joseph Biden (D-DE), Sen. Daniel Akaka (D-HI), Sen. Daniel Inouye (D-HI), Sen. Jeff Bingaman (D-NM), Sen. Patty Murray (D-WA), Sen. Gordon Smith (R-OR), Sen. Ron Wyden (D-OR), Sen. Benjamin Cardin (D-MD), Sen. Barbara Mikulski (D-MD), Sen. Barbara Boxer (D-CA), Sen. Dianne Feinstein (D-CA).
Call your Senators and Representatives toll-free via the capitol switchboard at 1-888-281-0661. Or go to www.congress.org and enter in your zip code to determine your Representatives and Senators.
On March 20, 2007, Senators Hillary Clinton (D-NY) and Wayne Allard (R-CO) introduced S. 937, the "Expanding the Promise for Individuals with Autism Act of 2007." This legislation would provide $83 million in Fiscal Year 2008 to improve access to comprehensive treatments, interventions, and services for individuals with autism spectrum disorders and their families. To learn more about this Act, visit Thomas online and search for the bill number.
In an unprecedented show of support to empower the more than 650 million individuals with disabilities throughout the world, eighty countries signed the U.N. Convention on the Rights of Persons with Disabilities. Just 19 more ratifications are needed before the convention comes into force. The convention calls for an end to discrimination and exclusion of individuals with disabilities in education, employment, and everyday life. It requires countries to guarantee freedom from exploitation and abuse, while protecting rights already in place. The convention is seen as a first step to ensuring these rights. Once the convention comes into force, governments are required to enact legislation and change practices to ensure that individuals with disabilities are granted these rights. An international committee will monitor implementation of the convention.
Despite being a leader in disability and human rights, the United States has not yet signed the convention.
Action Alert! - An online petition has been started by the American Association of People with Disabilities (AADP). To encourage President Bush to sign the UN Convention, visit www.aapd.com/UN/petition.html
Senator Hillary Rodham Clinton (D-NY) announced a new legislative initiative, co-sponsored by Senator Susan Collins (R-ME), to improve the detection, assessment and treatment of traumatic brain injury and expand support systems for members and former members of the Armed Services with traumatic brain injury and their families. Senator Clinton also announced introduction of legislation to help ensure wounded soldiers receive the disability benefits they need and deserve. This newest initiative is an expansion of her "Heroes at Home" initiative aimed at helping U.S. troops and their families transition back to everyday life after a soldier's return. To learn more about this initiative, visit Senator Clinton's website.
With a unanimous vote of 426 to 0, the Wounded Warrior Assistance Act, was approved by the House of Representatives. The Act establishes a hot line for medical patients to report problems in their treatment and eliminates the "red tape" that has prevented disabled service members from receiving proper care as they move from Pentagon care to care by the Veterans Affairs Department. In a statement released by The White House, it was said the legislation was premature and that Congress should wait for a report from a presidential commission and a task force on the war-wounded created after the exposure of poor conditions and treatment at Walter Reed. Those findings are expected by the end of July. The bill requires Senate action before it goes to the president. To learn more about this Act, visit Thomas online.
Representatives Patrick J. Kennedy (D-RI) and Jim Ramstad (R-MN) introduced the Paul Wellstone Mental Health and Addiction Equity Act (H.R. 1367) to require mental health benefits offered by group plans with 50 or more enrollees to be equal to coverage for other medical conditions. This includes application to copayments, coinsurance, deductibles, out-of-pocket limits, and day and visit limits. There are 256 bi-partisan cosponsors on the House bill
A similar bill, S. 558, was approved by the Senate Health, Education, Labor, and Pensions Committee on February 14. The differences between the House and Senate bill include designation of which mental health and addiction disorders are covered. The House bill is modeled on the health plans that apply to Members of Congress and federal workers.
This action alert has been issued by the ITEM Coalition
Congressmen Langevin (D-RI) and Ramstad (R-MN) are preparing to introduce legislation to eliminate Medicare's "in the home" restriction on mobility devices and your help is needed to secure original cosponsors! Medicare's outdated "in the home" rule restricts coverage of mobility devices to only those needed for certain in-home activities. An individual who requires a mobility device to help them prepare their meals or brush their teeth may receive a device. However, an individual who may be able to move around their home without a mobility device, but requires a device to go to work, school, the grocery store, or anywhere in the community, is not eligible.
Congressmen Langevin and Ramstad will soon introduce the "Medicare Independent Living Act" legislation to eliminate this discriminatory restriction for individuals with long-term mobility needs. Prior to the legislation's introduction, the Congressmen are seeking more original cosponsors. Please contact your Representative toll-free via the Capitol switchboard at 1-877-224-0041 and ask that he/she become an original cosponsor of the Medicare Independent Living Act.
Senator Tom Harkin (D-IA) introduced the Community Choice Act of 2007 (S. 799). The legislation, co-sponsored by Senator Arlen Specter (R-PA), would increase access to community-based services and other supports for Americans with disabilities and older Americans. The Community Choice Act of 2007 gives individuals who are eligible for nursing home services or other institutional care equal access to community-based services and supports. The legislation also provides enhanced federal matching funds to help states develop their long-term care infrastructure and grant funds to help states increase their ability to provide home and community-based services. Finally, this bill creates a demonstration project to evaluate service coordination and cost sharing approaches for those eligible for both Medicaid and Medicare services. For more information, visit Thomas online and search for S.799.
This Call to Action has been issued by the National Low Income Housing Coalition
A multitude of people with disabilities who receive SSI live in institutions on account of unavailability of low-income housing. You can help change this! We must alert Congress to the serious consequences that will result if the funding levels for HUD initiatives are not raised from their current funding level as well as to urge Members to adequately fund these critical programs in 2007:
CALL TO ACTION
Whom to call: Your Representative and Senators
When to call: Friday, January 12 through Wednesday, January 26
The number to call: 1-877-322-5742
The message: Adequately fund all HUD programs for FY07!
Congress plans to pass a "Joint Funding Resolution" by February 15 that will set funding levels for HUD programs for FY07 (through September 30, 2007). The Resolution as planned will fund all HUD programs at FY06 levels unless there will be "cataclysmic" consequences.
HUD programs face severe funding shortfalls not increased above the FY06 level. Thousands of people will either lose their housing or have no access to housing if HUD programs are left at FY06 levels.
Here's what is at stake:
HUD's programs are currently operating under a continuing resolution until February 15. House and Senate leadership intend to enact a "joint funding resolution" to carry programs until the end of FY07, September 30, 2007.
Call the DC offices of your Representative this week, and ask to speak to the staff person in each who deals with housing issues.
The Message:
I am calling to urge Representative/Senator _______________ to
adequately fund all HUD programs in the FY07 joint funding
resolution. HUD programs face severe funding shortfalls if HUD
funding is not increased above the FY06 level. Thousands of
people will either lose their housing or have no access to
housing if HUD programs are left at FY06 levels.
For more information, contact Linda Couch of NLIHC at Linda@nlihc.org or call Elisa Ortiz at (202) 662-1530 ext. 222. Please report the results of your calls to outreach@nlihc.org.
To find your Member of Congress, visit www.nlihc.org and enter your zip code in the Contact Congress box, located on the left.
After several years of advocacy, it is expected that the Mental Health Parity legislation will finally be voted on in the House. Advocates are confident that this is the year Congress will pass this important legislation. If passed, the legislation would require equal health insurance coverage for mental and physical illnesses, if the insurance policies include both. The chance for passage have also improved in the Senate. While a 1996 law already prohibits health plans that offer mental health coverage from setting lower annual and lifetime spending limits for mental treatments than for physical ailments, backers of the newest bill want to ensure that these same plans will not increase co-payments and deductibles and will not put limits on doctor visits.
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