Ability Maine: DAC

The following selections are from the most recent DAC Newsletters. Contact DAC to get your electronic copy of the DAC Newsletter.

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DAC News V8-#33 Monday, April 14, 2008 -- No Vote, No Voice!
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It seems like whenever someone asks me a question I'm not sure of somebody will send me the news I'm seeking. Today's letter answers a question I recently received and many more may find this interesting too. Steve Gold sends in his missive running in our first story; "HUD's Notice Re "Reasonable Accommodation" and Increasing Housing Voucher Payments for Persons with Disabilities." This couldn't be more timely. I hope you all find this very interesting........

I'm often asked to post stories on a variety of different subjects most of which I try to do but I am not able to research all the subjects required. If you have something you'd like posted just do what everyone else does. Send me the material and if I have the room it will be posted. Sooner or later almost everything I receive will run except for time sensitive material. Often other stories get posted before I can get to dated stories although I try not to miss much. Remember though, that I am cutting back on DAC letters until I just about phase them out in another year. So first come first get. Thax:)

NEXT
TAX REFUND STATUS
Are you waiting to receive a refund for your 2007 federal tax return? Check the status of your refund https://sa2.www4.irs.gov/irfof/lang/en/irfofgetstatus.jsp
if its been more than a week since you e-filed your taxes, or more than six weeks since you filed a paper return.

NEXT
Letters from Ollie Cantos at the DOJ

1) FCC Adopts Rules for Delivery of Commercial Mobile Alerts to the Public During Emergencies

2) New and Expanded Support for Crime Victims with Disabilities
dojollie or: http://members.aol.com/dac4va/dojollie.htm

NEXT
Hollywood's doors opening for actors with disabilities
http://www.latimes.com/features/la-he-acting7apr07,0,1684369.story?track=ntothtml

Study: Dyslexia differs by language
http://apnews.myway.com/article/20080408/D8VTCKS01.html

Multiple Sclerosis
Loss of Mobility Found to Impact Quality of Life and Emotional and Financial Health of Most People Living with Multiple Sclerosis
http://www.nationalmssociety.org/news/news-detail/index.aspx?nid=199
National Multiple Sclerosis Society

Schizophrenia
Rates of Rare Mutations Soar Three to Four Times Higher in Schizophrenia
http://www.nih.gov/news/health/mar2008/nimh-27.htm
National Institute of Mental Health,National Institute of Neurological Disorders and Stroke,National Institute of Child Health and Human Development

Stroke
First-Ever County Level Report on Stroke Hospitalizations
http://www.cdc.gov/od/oc/media/pressrel/2008/r080328.htm
Centers for Disease Control and Prevention

Depression, Disability Keep about Half of Stroke Survivors from Working
http://americanheart.mediaroom.com/index.php?s=43&item=376
American Heart Association

For Virginians with disabilities, waiting list grows faster than aid
http://hamptonroads.com/2008/04
/virginians-disabilities-waiting-list-grows-faster-aid

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The Auburn School
Dear Friends and Colleagues,

We wanted to send out a quick message to update you on our progress with The Auburn School!

1) The Auburn School
The Auburn School is opening this fall to serve students in grades K - 6 with social and communication difficulties, such as Asperger's syndrome. The Auburn School will offer a stimulating educational program for intellectually engaged students with challenges in the areas of communication, socialization, language, and organization. Our program is appropriate for students who can learn successfully and appropriately in a small classroom setting. Auburn¢s program will simultaneously support the development of academic skills, social competency and pragmatic language in an engaging educational environment. The Auburn School will be located in Northern Virginia.

2) Brochures now available!
Informational brochures on The Auburn School are now available. Please contact us if you would like to receive brochures to distribute in your office. We greatly appreciate your help in getting the word out!

3) Professional Information Sessions
    Wednesday, April 16, 12:00pm    (Cabin John, MD)
    Friday, May 16, 12:00pm    (Reston Library)

We are holding these upcoming information sessions just for educators and professionals. We would love to have you join us at one of them.

Please RSVP to admissions@theauburnschool.org or (703) 967-2462. See the attached flier for a complete list of upcoming parent and professional information sessions. Please feel free to post and distribute this flier in your office as appropriate!

4) Parent Information Sessions
    Wednesday, April 23, 7:00pm
    Wednesday, May 7, 7:00pm
    Monday, May 19, 7:00pm
    Tuesday, June 3, 7:00pm

We are continuing our series of parent information sessions at the Oasis School in Reston. Complete information can be found on the attached flier, and at our website. Please feel free to post and distribute the attached information session flier in your office!

More information about our school, the application process, and the financial aid program can be found on our website: www.theauburnschool.org. Contact us for more information or if you would like us to send you some of our new brochures.

We are so excited to be working with this population of students, and we thank you for your time and support. Please also let us know if you would like to be removed from this mailing list.

Sincerely,

The Auburn School
admissions@theauburnschool.org
(703) 967-2462

CHECK THIS OUT!
Needed: Adult Cochlear Implant Users for Aural Rehabilitation research

About this research:

• Compares two aural rehabilitation methods: Passive Listening (Books-on-Tape) vs. Task Oriented Listening (Tracking) to see benefits of this type of aural rehabilitation methods to auditory training in adults with cochlear implants.
• Participants will be offered 1 hour of one-on-one aural rehabilitation to improve auditory skills once a week for 10 weeks.
• Participants will be asked to listen to a reader and self-rate understanding or repeat verbatim what the reader read.

This research has been approved by the Gallaudet University Institutional Review Board

Eligibility for this study:
• Over 21 years of age
• Post-lingual Cochlear Implant user
• Uses oral communication as a primary method of communication
• English as a primary language

Contact Karen: CIAuralRehab@yahoo.com

(Subjects will be compensated $12 and hour for their time and travel)
[ thax NVRC Northern Virginia Resource Center for Deaf and Hard of Hearing Persons (NVRC), 3951 Pender Drive, Suite 130, Fairfax, VA 22030; www.nvrc.org; 703-352-9055 V, 703-352-9056 TTY, 703-352-9058 Fax.]

AND
Effectiveness of medical privacy law is questioned.
http://www.latimes.com/news/nationworld/nation/la-
na-privacy9apr09,0,5625042.story?track=ntothtml

NEXT
LogistiCare Public Forum for Consumers/Families in Northern Virginia
We need your help to spread the word that we are holding our first LogistiCare public forum for consumers and/or families. This is an opportunity for consumers and/or families discuss directly with Virginia LogistiCare Healthcare Manager and Region 7 Manager, Department of Medical Assistance Services (DMAS), and transportation liaisons from the Northern Virginia CSBs.

The public forum will be held on April 17, 2008 at the George Mason Regional Library from 10:30 a.m. to 1:00 p.m. Attached includes more information.

Please share this with consumers, families, direct service providers and anyone who would like to discuss their transportation needs and challenges with the Medicaid Transportation brokerage - LogistiCare.

"To change acknowledges the problem." Let LogistiCare know your problems, so we can improve transportation services.

EXPO!!!!!!!!!
FIFTH ANNUAL World of Possibilities: disAbilities, Healthy Aging and Independent Living Expo. Something for Everyone! Please see our NEW Caring Communities/World of Possibilities Expo Video. You will not want to miss the World of Possibilities Expo the Montgomery County Fairgrounds in Gaithersburg, MD on May 2-3, 2008. Please keep checking the Expo free features link HERE for updates. FREE WHEELCHAIR REPAIR TOO!

This Expo is the biggest and best event of its kind in the region!
5-10,000 attendees expected. The World of Possibilities Expos are increasing in popularity and rapidly becoming the Region's major forum for disability and senior-related resources. Everyone within the disabilities and senior community, children with disabilities and their families, caregivers, veterans and baby-boomers, etc., should be there!

Co-sponsored by the City of Gaithersburg and the Office of Community Partnerships/Office of Montgomery County Executive Ike Leggett, Montgomery County Commission on People with Disabilities and the Montgomery County Commission on Aging and the Maryland State Department of Education-Division of Special Education/Early Intervention Services.

Even more FUN added to the Expos for the whole family to enjoy! Crafts show, food and entertainment, Get Gold Cash jewelry exchange, and many more new exhibitors! PLEASE START SPREADING THE WORD. Admission is $3 per person. Incredible educational experience, great networking opportunity and FUN!! Click HERE for more information and Free Admission Passes or call Mona Freedman RN at 1-866-227-4644. VENDOR SPACE STILL AVAILABLE.

Much more news so read, enjoy and comment if you wish:)

Keith-

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1. HUD's NOTICE "REASONABLE ACCOMMODATION" & INCREASING VOUCHERS
2. WHAT PREVENTIVE SERVICES DOES MEDICARE COVER?
3. A KISS GOODBYE
4. AMERICANS LIVING LONGER BUT IMPORTANT DISPARITIES REMAIN
5. VA BOARD FOR PEOPLE WITH DISAILITIES TO FUND PUBLIC AWARE CAMP.
6. PUTTING SELF ESTEEM FIRST - TEACHER TUBE - SPELLING
7. FLORIDA'S MIDDLE CLASS HIT BY HUNGER
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HUD's NOTICE "REASONABLE ACCOMMODATION" & INCREASING VOUCHERS
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HUD's Notice Re "Reasonable Accommodation" and Increasing Housing Voucher Payments for Persons with Disabilities. Information Bulletin #243 (4/08)

HUD recently issued a new Notice (PIH 2008-13) entitled "Requests for Exception Payment Standards for Persons with Disability as a Reasonable Accommodation."

As many of you know, persons with disabilities who require mobility accessible housing units and who have a Housing Choice Voucher (aka Section 8 tenant-based voucher) often have great difficulty locating a unit that meets their needs. When they do find such a unit in the private market that would accept a voucher as payment, the rent most often exceeds the payment standard of the voucher.

In previous Information Bulletins, we explained that the federal regulations authorize Housing Authorities (the local agencies that administer the voucher program), on their own, to increase the value of a voucher up to 110% of the Fair Market Rent (established by HUD for each local area). To increase the voucher from 110% up to 120% of the FMR, the Housing Authority must request the HUD Field Office for permission and to increase the voucher above 120% the HA must request HUD's national headquarters for permission.

In the past there have been several problems which we believe (and hope) that the recent HUD Notice will correct: (1) Housing Authorities unwillingness to increase the value of the voucher so a person with a disability could rent an accessible unit, and (2) when HA s were willing to increase the voucher's payments, the HUD process for requests above 120% of the FRM was so cumbersome that by the time national HUD acted, the rental units were gone.

HUD's Notice 2008-13 (Google it and read it in its entirety) addresses both of these problems in ways that disability advocates must be aware of.

First, HUD emphasized that increased payments for vouchers for persons with disability to use with accessible units were a "reasonable accommodation" under Section 504 of the Rehabilitation Act. By recognizing that increased payments were often necessary to achieve equal access and equal opportunity in using vouchers, and therefore were a civil rights issue, this should force Housing Authorities to increase the voucher payments.

If you have an accessible unit and if the HA refuses to increase the payment as a reasonable accommodation or if the HA refuses to request HUD for permission to pay over 110% or over 120% of the FMR, the HA has potentially violated the civil rights' protections for persons with disabilities in Section 504 and can be sued. It is no different than if the HA refused to put up grab bars or a ramp as a reasonable accommodation.

Second, the Notice provides a specific person in national HUD office and her fax number and email address for voucher payments exceeding 120% of the FMR. We hope this will significantly expedite the process so persons, who finally find an accessible unit, do not lose it because HUD has taken too long to respond.

The Notice provides an example of the calculation process which should be followed and lists the types of documentation that should be provided.

These changes are potentially very important and should facilitate the equal opportunity for persons with disabilities to use vouchers in accessible units.

Steve Gold, The Disability Odyssey continues

Back issues of other Information Bulletins are available online at http://www.stevegoldada.com with a searchable Archive at this site divided into different subjects. To contact Steve Gold directly, write to stevegoldada@cs.com or call 215-627-7100.

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WHAT PREVENTIVE SERVICES DOES MEDICARE COVER?
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What preventive services does Medicare cover?

Dear Marci,
I am a big proponent of the old saying “an ounce of prevention is worth a pound of cure.” Does Medicare pay for preventive screenings for cancer and heart disease?
— Clifton (Gurnee, IL)
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Dear Clifton,
Despite the old adage, Medicare has not traditionally covered preventive care. However, coverage for many preventive care services has been added in the past few years. Preventive services include screenings for heart disease and certain cancers. Doctors may not realize that Medicare covers these services, so it is important to ask your doctor about them.

Be sure to follow the Medicare guidelines for receiving these services in order to ensure that Medicare will cover them. Some are covered only once every few years, and others are only covered if you meet specific criteria. Your costs for these services may be different if you are in a Medicare private health plan (such as an HMO or PPO).

Read the full article on Medicare Interactive to find out how Medicare covers preventive services. http://medicareinteractive.org/page2.php?
topic=counselor&page=script&slide_id=387

— Marci

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A KISS GOODBYE
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A Kiss Goodbye

April 10, 2008 • Volume 8, Issue 15

This week’s announcement of 2009 payment rates for Medicare private health plans included a parting gift from the Bush administration to the insurance companies that sponsor these plans. The administration decided it would not reduce payment benchmarks to compensate for upcoding—the systematic downgrading of plan enrollees’ health status—in order to boost the subsidies the companies receive from taxpayers.

On Wall Street, the decision prompted a rise in the share prices of insurance companies. In Washington, it is merely the latest in the long line of favors the Bush administration has handed its pals in the insurance industry, the most recent of which are

threatening to veto legislation that makes modest reductions to the $150 billion in excess subsidies Medicare private health plans will reap over the next 10 years;
threatening to veto legislation that would allow states to hold Medicare private health plans accountable for the abusive and fraudulent marketing tactics employed by their agents.
For a long time, Medicare private health plans have used a combination of benefit designs (higher home health copayments but free gym membership) and subtler marketing strategies to attract healthier, less costly enrollees. To counteract this practice, payments to plans began to be adjusted according to the health status of the enrollee, with plans receiving more money for enrollees in poor health who require more costly care.

The phase-in of these “risk-adjusted” payments threatened a reduction in subsidies to the insurance companies, so the Bush administration unilaterally adjusted payments to prevent any overall reduction in subsidies (and any savings to taxpayers). It took Congressional action to phase out this boost in subsidy levels. Congress also instructed the administration to adjust payments for upcoding, but the administration has effectively ignored those instructions.

As payment rates to health plans began to reflect the health status of their enrollees, plans began to report (“code”) that their enrollees were in poorer health. It is a truism among health policy analysts that provider practice patterns track reimbursement levels. The more Medicare pays for an MRI, for example, the more people with Medicare seem to need MRIs. As Medicare begins to pay health plans more for sicker enrollees, health plan enrollees get sicker. For other providers receiving payments that are adjusted according to health status, such as home health agencies, the administration has reduced payments to compensate for such upcoding. Insurance companies, however, get a free pass. Once again, the Bush administration has proven its generosity—with your money.
(thax medicarerights)

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AMERICANS LIVING LONGER BUT IMPORTANT DISPARITIES REMAIN
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This is the April 7, 2008, issue of Elder Law FAX, a free newsletter published by the Elder Law Practice of Timothy L. Takacs.

Americans Living Longer, Enjoying Greater Health and Prosperity, but Important Disparities Remain, Says Federal Report

Average life expectancy continues to increase, and today's older Americans enjoy better health and financial security than any previous generation. Rates of gain, however, are inconsistent between the genders and across age brackets, income levels and racial and ethnic groups. Some critical disparities also exist between older Americans and older people in other industrialized countries.

These and other trends are reported in Older Americans 2008: Key Indicators of Well-Being, a comprehensive look at aging in the United States from the Federal Interagency Forum on Aging-Related Statistics. The 15 agencies that now compose the Forum include the Administration on Aging, Agency for Healthcare Research and Quality, Bureau of Labor Statistics, Centers for Medicare & Medicaid Services, and U.S. Census Bureau.

Older Americans 2008, the fourth chartbook prepared by the Forum since 2000, provides indicators that are categorized into five broad areas--population, economics, health status, health risks and behaviors and health care. The 160-page report contains data on 38 key indicators--and a one-time special feature on health literacy.

Highlights from Older Americans 2008 include:

* Population: The demographics of aging in the United States continue to change dramatically, as the baby boomers accelerate growth in the percentage and numbers of older people and other important parameters change.

* Economics: More older people enjoy increased prosperity than any previous generation, with an increase in higher incomes and a decrease in the proportion of older people with low incomes and in poverty. However, major inequalities continue to exist for older blacks and for people without high school diplomas, who report smaller economic gains and fewer financial resources.

* Health Status: Americans' longevity continues to increase, although life expectancy at age 65 in the United States is lower than that of other industrialized countries. While older people experience a variety of chronic health conditions that often accompany aging, the rate of functional limitations among people age 65 and older has declined in recent years.

* Health Risks and Behaviors: Factors affecting the health and well-being of older Americans, such as smoking history, influenza and pneumonia vaccinations and mammogram screenings, are key indicators that have shown long-term improvements but no significant change in recent years.

* Health Care: Health care costs, particularly for prescription drugs, have risen dramatically for older Americans.

"The 'greatest generation' made enormous gains in health and financial security, although the gains were not shared equally," says Richard Suzman, Ph.D., director of the Behavioral and Social Research Program at the National Institute on Aging, part of the National Institutes of Health. "We'll be tracking their children, those just reaching their 60s, to see whether those gains can be sustained or even improved."

Suzman cautions that there could be problems, however. For example, he notes that increased rates of obesity among today's middle-aged could threaten the health of these adults as they age.

Released last month, Older Americans 2008: Key Indicators of Well-Being is available online at www.AgingStats.gov and in limited quantities in print. Supporting data for each indicator, including complete tables, PowerPoint slides and source descriptions, can be found on the Forum's Web site. Single printed copies of Older Americans 2008: Key Indicators of Well-Being are available at no charge through the National Center for Health Statistics while supplies last. Requests may be made by calling 1-866-441-6247 or by sending an e-mail to nchsquery@cdc.gov.

© Elder Law Practice of Timothy L. Takacs
201 Walton Ferry Road, Hendersonville, TN 37075 · (615) 824-2571
1680 S. Jefferson, Suite A-B, Cookeville, TN 38506 · (931) 526-3828
http://www.tn-elderlaw.com

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VA BOARD FOR PEOPLE WITH DISAILITIES TO FUND PUBLIC AWARE CAMP.
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Virginia Board To Fund Campaign Expanding Public Awareness of Supported Community Living for People with Disabilities

Using information learned through its Public Awareness Campaign Part 1: Advocacy Message Development research project conducted during the second half of 2007, the Virginia Board for People with Disabilities has approved a follow-up project to develop and implement a public awareness campaign that will begin later this year. Beginning on April 1, 2008, Board grantee BrandSync, LLC, a marketing research, strategy, and management firm located in Richmond, Virginia, will develop and implement a communications plan focused on expanding citizen awareness and understanding that individuals with all types and levels of disability can and do live successfully in community settings of their own choice when appropriate services and supports are available to them. The Board’s campaign will be statewide and will use a variety of communications strategies appropriate to different audiences and regions of the state. The purpose of the campaign is to encourage citizens and policymakers to support greater opportunities for individuals with disabilities to live in community rather than institutional settings and to expand the person-centered practices and community services and supports needed for this to occur.

BrandSync has been awarded $299,632, with a 40% matching requirement of $198,382, for the two year campaign to be conducted in two phases. An allocation by the Board of $62,500, to be matched by $26,448 from the grantee for a total first phase budget of $88,948, will support development of the communications plan for Public Awareness Campaign Part 2: Outreach and Public Relations. Phase A: Communications Planning must be completed by May 31, 2008. BrandSync will be guided in its planning by an Advisory Committee of Board members and assisted by a team of marketing and outreach collaborators including ETRE, Inc.; EOLO, Inc.; Spicer & Associates; vaACCSES; and KT Associates.

An additional Board allocation of $237,132 to BrandSync, with a match requirement of $171,934, for the second phase of the project will be contingent upon the Board’s approval of the plan. Phase B: Campaign Implementation, if approved, must be completed by no later than March 31, 2010.

Public Awareness Campaign Part 2: Outreach and Public Relations
Grantee: BrandSync, LLC (www.brandsync.com)
Total Project Budget: $498,014
Board Funding: Phase A: $62,500; Phase B: $237,132; Total: $299,632
Matching Funding: Phase A: $26,448; Phase B: $171,934; Total: $198,382
Project Duration: Phase A: April 1, 2008—May 31, 2008; Phase B: June 1, 2008—March 31, 2010

Goal: To develop and implement a statewide public awareness campaign that promotes successful community living for individuals with disabilities.

For more information about this project, the Virginia Board, its grant funding activities, and other supported programs, please visit www.vaboard.org or contact:

VIRGINIA BOARD FOR PEOPLE WITH DISABILITIES
202 N. 9th Street, 9th Floor
Richmond, Virginia 23219
804-786-0016 (voice & TTY)
800-846-4464 (toll-free, voice & TTY)
804-786-1118 (fax)
info@vbpd.virginia.gov

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PUTTING SELF ESTEEM FIRST - TEACHER TUBE - SPELLING
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Putting Self Esteem First
Yesterday I was watching a young student with special education needs try out for a sports team. This particular student has a significant learning and behavioral disability. However, his self...read more

If You Like You Tube, You'll Love Teacher Tube!
Are you looking to teach a specific concept but want to see how another teacher does it? If so, Teacher Tube is the latest tool to enable teachers to share...read more

The Do's and Don'ts of Teaching Spelling
It's more than just the long and short of it. I remember being in school and focusing on the long and short vowel sounds. And words like cat, fat, take...read more
(thax about.com)

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FLORIDA'S MIDDLE CLASS HIT BY HUNGER
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Florida's Middle Class Hit by Hunger
(Orlando Sentinel, March 29, 2008)

More middle class residents are showing up at the Second Harvest Food Bank of Central Florida according to the food bank's director Dave Krepcho. This commentary by the Sentinel's Darryl E. Owens quotes Krepcho on the new customers: "The folks needing food today are invisible." Owens states Krepcho knows why these new faces are showing up - because of "rising gas and food prices, the subprime mess, and an idling economy." Owens goes on to say that "many who never dreamed they'd need a couple of cans … to tide over the brood until payday are living the refrain of a popular country-western tune: There's too much month at the end of the money." The Food Bank is not the only service seeing the increase. The state's WIC program enrolled 43,000 participants over the past year, as families struggle to make ends meet with milk prices at $4 a gallon.
(thax FRAC)

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DAC News V8-#32 Thursday, April 03, 2008 -- No Vote, No Voice!
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It's spring, or is it? I'm still searching for the warm weather. Well, at least we're catching up on some much needed rain but I want some sun and heat to come soon:) Is anyone looking to adopt a sweet young guy, who never makes a mess, and would like to live closer to Richmond, or a nice lake, cabin, mansion (not picky:), ocean, mountain (maybe), almost well mannered but enjoys the occasional debate with politicians? If so, contact me and I'll put you in touch:) On to the never-ending news..........

WHO WOULD HAVE THOUGHT???? >:-P
Study Finds Performance of Workers with Disabilities as Good as Co-Workers
A recent DePaul University study found that workers with disabilities performed as well as other workers, while requiring about the same amount of supervision and minimal accommodations. Among other findings of the study, workers with disabilities had fewer unscheduled absences than those without disabilities; and those with disabilities took fewer scheduled absences than those without disabilities. The study said the benefits of hiring people with disabilities includes having "dedicated and reliable employees" and a more diverse workforce. To read an article on the study, visit: http://jfactivist.typepad.com/jfactivist/2008/02/performance-of.html

NEXT
April 2008 Center for PAS Bulletin
A pdf version of this newsletter can be found at http://www.pascenter.org/newsletter/CenterforPASBulletinApr08.pdf

Heart Disease in Women
WISEWOMAN - Heart Health for Uninsured and Under-Insured Women
http://www.cdc.gov/Features/WiseWoman/
Centers for Disease Control and Prevention

Injuries
Three Leading Causes of Injury Mortality in the United States 1999 - 2005
http://www.cdc.gov/nchs/products/pubs/pubd/
hestats/injury99-05/injury99-05.htm
National Center for Health Statistics

LAST CHANCE
Application Deadline for 2008 Youth Leadership Forum Extended
Special Notice from the Virginia Youth Leadership Forum Application Deadline Extended to April 11, 2008

The Virginia Board for People with Disabilities needs your help in recruiting young people with disabilities who have demonstrated leadership capability and potential to participate in the 2008 Youth Leadership Forum.

If you have any questions, please contact Kara White at 800-846-4464. You can find out more about the Youth Leadership Forum and download an application at http://www.vaboard.org/ylf.htm.

Thank you for your help in notifying students of the application receipt deadline extension and for encouraging them to apply for this extraordinary opportunity.

NEXT, YOUR VOTE IS NEEDED
Dear Keith,
As a member of the Virginia Association of Personal Care Assistants, I am running as a candidate to be a Delegate to the 2008 SEIU Convention being held May 30 through June 5, 2008.

Ballots went out to all members of SEIU Local 5, VA. All ballots must be received by the US Post Office by close of business on April 11, 2008, or they will not be counted. For more information on the candidates or the election please visit: www.virginiapca.org

I am asking for the support of the membership, below is my bio with my experience in representing the interest of other members of VAPCA.

Please feel free to share this with others on your list who may also be members of VAPCA.

Thank you,
Linda Moore

BIO
Linda Moore, of Rockville, Va., has for over two decades devoted her time, energy, and other resources to helping people with disabilities, senior citizens, and caregivers in the Metro Richmond area.

With the diagnosis of her youngest son, Tim, in 1990 with PDD/NOS, Linda has been a staunch advocate for her son, and other with cognitive and physical disabilities. She graduated in 1995 from Partners in Policymaking, a leadership training program sponsored by Virginia Board for People with Disabilities. She has used her training to speak up for people with disabilities and those who care for them.

Linda dedicated her time to many organizations that provided education and support to individuals with autism and other developmental disabilities and to their families. Linda served as president of the Autism Society of America, Central Virginia Chapter, from 1996-1998. During that time she excelled as legislative chairman. Her work included at visits to the Virginia General Assembly to meet with the legislators. In July of 1998, Linda provided support to her 84-year old mother in law who became severely disabled as the result of diabetics and a stroke. She learned of the intense effects of being a caregiver for both a parent and a child firsthand.

Linda became a Medicaid Waiver Mentor in 2001, which included organizing the “Making Community Living A Reality” workshop in Hanover County. In the summer of 2003 and 2004, Linda served as a volunteer staff person (Dorm Mother) for the Youth Leadership Forum of Virginia. She was responsible for 12-15 high school girls with disabilities for this four-night leadership training. In September of 2005, Linda took the organization skills she had learned from the many volunteer organizations and assisted her son Tim with a service-learning project called “Are You Ready? Disaster Preparedness for People with Disabilities.”

Since then, this service-learning project has grown to help people with disabilities, senior citizens, and caregivers. In 2007, the project won statewide recognition for her son Tim by both the Virginia General Assembly and the Governor.

After she went through the frustration of being unable to find an attendant for her son for over a year, Linda further demonstrated her creativity and drive. She has been providing consumer—a directed attendant care to her son Tim since June 2006.

During the 2008 session of the Virginia General Assembly, Linda focused her energy on promoting VAPCA Legislative Priorities. She spoke and the budget hearing on January 14, 2008 in Richmond. Linda and her two sons attended many legislative committee meetings, before, during, and after the session.

Since 1997, Linda has arranged a visit the Capitol in Richmond during the legislative session. In 2005, Linda was awarded the Award of Excellence for Advocacy by the American Cancer Society.

On January 25, 2008, Linda spoke, with self-advocates and caregivers, to legislators about consumer-directed personal care assistants. The Honorable Frank D. Hargrove, Sr. of Hanover County introduced the group from the floor of the House. After the session, The Honorable Frank Hargrove and The Honorable Chris Peace, who both represent Hanover County, met with the group and took photos.

Linda and her son Tim attended the 2008 “Independent Living Day” at the General Assembly on January 28, 2008, with other members of VAPCA. Linda followed up with her customary thank you notes to all the patrons and co-patrons of the VAPCA amendment.

On March 12, 2008, Linda and Tim attended the Virginia Board for People with Disabilities meeting to speak on the needs of personal care attendants who are also family members. She continually speaks up and works for these human rights issues on a daily basis.
NOTE: DAC endorses Linda for whatever that's worth:)

NEXT
SMART April Newsletter
http://smartoneinc.net/newsletter/SMART_One_Newsletter_April08.pdf

April Information Summary - C7 by Maggie Roffee
Special Alerts and Information or: http://members.aol.com/dac4va/information.htm

MORE
Inclusive Liveable Communities for People With Psychiatric Disabilities
The National Council on Disabilities has recently released a report entitled Inclusive Liveable Communities for People With Psychiatric Disabilities. You can access the report at http://www.ncd.gov/newsroom/publications/2008/LivableCommunities.html

AND
National Effort to Rethink Care Delivery for Medicaid's Highest-Need, Highest-Cost Beneficiaries

Approximately five percent of Medicaid beneficiaries drive up to 50 percent of total Medicaid spending in states across the country. More than 80 percent of these high-cost beneficiaries have three or more chronic conditions, and up to 60 percent have five or more; yet, the majority of these patients receive fragmented and uncoordinated care often leading to unnecessary and costly hospitalizations and institutionalizations.

The Center for Health Care Strategies (CHCS) is announcing a new national initiative, the Rethinking Care Program, which will bring together multiple national, state and local partners to improve care and control spending for Medicaid's highest-need, highest-cost beneficiaries. The Rethinking Care Program will serve as a national Medicaid "learning laboratory" to develop better approaches to care for this population. The initiative will link state pilots with a national learning network committed to building Medicaid's capacity to serve beneficiaries with complex and costly needs. The first two pilots are underway in Colorado and New York.

The four-year initiative, developed and led by CHCS, is supported by multiple funders, including the Aetna Foundation, Robert Wood Johnson Foundation, and Kaiser Permanente Community Benefit, with local support from regional foundations, including the New York State Health Foundation.
read more: http://www.chcs.org/info-url3969/info-url_show.htm?doc_id=676367

NEXT
Autistic and Overlooked
http://www.washingtonpost.com/wp-dyn/content/
article/2008/04/01/AR2008040102199.html

FINALLY
Jackie Marquette’s Newsletter
Jackie M. Marquette Ph.D.
Walking the Path for Teens and Young Adults with ASD and DD
502 742-8756
Jackie@independencebound.com
http://www.independencebound.com

Much more news so read, enjoy and comment if you wish:)

Keith-

========================================================
1. INSURERS FAULTED AS OVERLOADING SOCIAL SECURITY
2. A BETTER OPTION - PART D
3. SOCIAL SECURITY FUNDED THRU 2041, MEDICARE 2019
4. CENTER FOR AMERICAN PROGRESS FINDS McCAIN TAX PLAN LIKE BUSH'S
5. FOOD STAMP USE HIGHEST SINCE 1960's
6. OKLAHOMAN'S FOOD STAMPS INSUFFICIENT IN TODAY'S ECONOMY
7. SpEd - DO's & DON'TS OF TEACHING SPELLING - 08' EXPO FOR EXCEP KIDS
========================================================
********************************************************
INSURERS FAULTED AS OVERLOADING SOCIAL SECURITY
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Insurers Faulted as Overloading Social Security - New York Times
By MARY WILLIAMS WALSH

The Social Security system is choking on paperwork and spending millions of dollars a year screening dubious applications for disability benefits, according to lawsuits filed by whistle-blowers.

Insurance companies are the source of the problem, the lawsuits say. The insurers are forcing many people who file disability claims with them to also apply to Social Security — even people who clearly do not qualify for the government program.

The Social Security Administration defines “disabled” much more stringently than the insurers generally do, so it rejects most of the applications, at least initially. Often, the insurers then tell their claimants to appeal, the lawsuits say, raising the cost.

The insurers say that requiring a Social Security assessment is a standard practice and that there is nothing wrong with it.

The policies they sell allow them to coordinate their benefit payments with others to make sure no one is paid twice. Thus, if a disabled person can get benefits from somewhere else — like workers’ compensation, a disability pension or Social Security — the insurance company can reduce the benefit check by that amount.

The flood of referrals, however, is making it hard for Social Security to respond to people who are truly disabled, said Kenneth D. Nibali, the former top administrator of the Social Security disability program.

“Anybody who is forced to come into this system, and who doesn’t need to be there, is affecting someone else,” said Mr. Nibali, who retired in 2002 and is serving as an expert witness for the plaintiffs. “They’re holding up cases for the people who have been waiting for months and years, who in many cases are much worse off.”

Already, the disability program is in much worse shape financially than the old-age portion of Social Security. It is projected to run out of money in 2026, 16 years ahead of the old-age trust fund.

The disability caseload is also expected to grow as the work force ages, since recovery time increases with age. The number of people waiting for hearings on their claims by an administrative law judge has more than doubled since 2000, and the average wait has grown to 512 days in that time, from 258 days.

The Social Security Administration is not an active participant in the lawsuits and declined to comment on them. A spokesman, Mark Lassiter, said Social Security does not keep track of how many of its roughly 2.5 million annual applicants for disability are referred by insurance companies. But he cited academic research showing that 18 percent acknowledged privately that they were unqualified, because they could still work. “It is probable that many of these claimants were required to apply,” Mr. Lassiter said.

Jessica Ortiz, a 27-year-old gas station attendant in San Diego, said that was what happened to her. Her disability insurer, the Unum Group, called more than 10 times after she was hurt in a car crash, insisting that she apply for Social Security and asking repeatedly where her application stood. Unum was paying her only $50 a month under her policy, she said, which seemed a small amount to merit so much attention.

She did not need or want money from Social Security, and did not think she was entitled to it. Her doctors had told her she would recover, and Social Security is limited to people whose disabilities are total and permanent. But she applied because Unum insisted, she said.

Ten months after her accident, Ms. Ortiz returned to work. Social Security turned her down, as she had expected. People who can work are by definition unqualified for disability pay from the government. But when she told the Unum representative what had happened, he told her she could still appeal.

“If I were the government, I’d be pretty upset,” she said. “No wonder the pot could run out of money.”

When the circumstances of Ms. Ortiz’s case were described, a spokesman for Unum said he could not comment without reviewing her case file. The spokesman, Jim Sabourin, said the company believed that it always had valid reasons for telling people to apply for Social Security.

Forcing people who are injured to apply for Social Security before paying their claims appears to bolster insurers’ profits in several ways. If claimants refuse to apply, the insurers can simply stop paying their benefits, said Dawn Barrett, an employee of the Cigna Corporation, who grew frustrated sending people to Social Security and who is now a plaintiff in one of the lawsuits. More typically, she said, people apply for Social Security when an insurer tells them to. That allows the insurer to reduce its claim reserves, money that is kept in conservative investments for benefit payments. And in the insurance industry, smaller reserves mean bigger profits.

“It’s all about the numbers,” Ms. Barrett said.

Finally, disability insurers tell many of their claimants to appeal Social Security’s rejections again and again, until some are finally accepted. Then the insurers can take those people off their rolls, shifting the cost to the government.

Whistle-blowers have filed lawsuits against the Unum Group, America’s largest disability insurer, and Cigna, another large one, though there is no dispute that the Social Security requirement is an industrywide practice. Unum, with revenue of $10.5 billion, paid disability claims of $4 billion last year.

Both companies said their claims practices were fair, legal and consumer-friendly.

“Our goal is to ensure that each member receives all of the benefits to which he or she is entitled,” said Jill Roman, a spokeswoman for Cigna.

The lawsuits do not fault the idea of coordinating benefits with Social Security and workers’ compensation. Instead, they contend that insurers are recklessly dumping people on Social Security’s doorstep, without properly screening them to make sure they have a chance of qualifying.

The typical long-term disability policy says workers can collect when they are unable to do their own jobs for some period, usually more than five months. Social Security, by contrast, will pay only those people who are so badly disabled they cannot do any job at all. The disability must be one that will last more than 12 months or that will lead to death within that time.

Mr. Sabourin, the spokesman for Unum, denies the suits’ accusations and says that his company does screen people. He said Unum considered it in the best interests of its claimants to try for Social Security, because the federal program offers advantages over private insurance. Even though the federal requirements are tough, he said, Social Security has certain exceptions and trial programs that Unum’s claimants might qualify for.

Unum is also concerned that the lawsuits might lead to changes in federal rules that require Social Security to vet all applications thoroughly. Any changes might drive up the cost of disability insurance premiums, Mr. Sabourin added. Unum plans to file a motion for a summary judgment in its lawsuit, which is in Federal District Court in Boston. The case is to be heard this fall.

Both whistle-blower lawsuits cite the federal False Claims Act, a law that allows affected government programs to recover triple damages. The lawsuits were brought by people contending that the insurers were knowingly committing fraud.

Mr. Nibali, the retired Social Security administrator, says the disability program has “an open-door policy” and is required to seriously consider all applications, even those that might seem improbable. While deciding whether a 65-year-old should get retirement benefits is relatively quick and easy; deciding whether someone should get disability benefits is not. The Social Security Administration compiles detailed medical records, sends applicants to doctors for examinations and tests, reviews their work histories and sometimes interviews their friends and relatives.

Rejections can be appealed again and again.

“A person can come in and file a disability claim with us as many times as they want to,” Mr. Nibali said.

Linda Simmond, a 41-year-old mother in Atlanta, has been at it for four years. She worked as the supervisor of 10 Little Caesars pizza shops in Detroit but had to stop when she was found to have carpal tunnel syndrome, a wrist injury, from rolling out pizza dough. Surgery did not help.

Little Caesar Enterprises was insured through Unum, which started paying Ms. Simmond disability benefits of about $1,780 a month, but told her she had to apply for Social Security. She did so, and was rejected. Ms. Simmond thought that was correct.

“I’m not totally disabled,” she said. “I’ve seen people with one hand, no legs, working, so I know I can do something.”

Unum told her to appeal. She refused. Unum stopped sending her checks. After several months with no income, Ms. Simmond relented and filed the appeal. Unum then resumed her payments — but before long, Social Security rejected her again, and the whole cycle began anew.

Unum is now paying Ms. Simmond her benefits, but warning her that if she does not apply for Social Security again, it will stop her checks a third time, she said. “I need my benefits,” she said. “I have two children. I have a lot of debts. I’m going to have to do it, but I don’t believe in it.”

When Ms. Simmond’s situation was described to him, Mr. Sabourin said he could not comment on it without reviewing her case file.

Mr. Nibali has calculated that it costs $1,180, on average, to process a single Social Security disability application to the first decision, usually a rejection. If the applicant persists through the first three levels — the initial review, a reconsideration and a hearing by an administrative law judge — the case will cost the system an average of $4,759, he found. It is possible to appeal even higher, adding further to the cost. Lawyers from the firm Phillips & Cohen, in Washington, who are representing the plaintiffs, have been working with statistical samples. Their numbers suggest that the industry has been sending tens of thousands of dubious claims to Social Security, costing the system hundreds of millions of dollars over the last decade.

Mr. Nibali said he believed that Cigna, Unum and other disability insurers had enough data on their claimants to weed out many meritless applications before sending so many people to Social Security. That would help the program’s finances, he said. “We’re not here to give money away.”
(thax S.W.)

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A BETTER OPTION - PART D
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A Better Option

April 3, 2008 • Volume 8, Issue 14

One of the most persistent problems in Medicare’s Part D prescription drug benefit is the instability in the coverage provided to low-income people with Medicare, most of whom had drug coverage through Medicaid prior to 2006.

In January 2008, for example, 1.19 million low-income people with Medicare were assigned a new drug plan because the plan they had in 2007 now had a premium that was too high to qualify for a full subsidy under the Extra Help program. The Centers for Medicare & Medicaid Services (CMS) picked the new plan at random—without checking whether it covered the drugs taken by the enrollee—from among the plans with premiums low enough to qualify for zero-premium coverage. As a result, many of those switched found their medicines were not covered when they went to the pharmacy this winter.

The consequence of these denials is often confusion and panic. People think their drug coverage is no longer working. They stop taking their heart or diabetes medicines, or they scrape together the money to pay for it themselves—for a while. For people who already have a hard time choosing among the bewildering array of Part D plans, the appeals system is not a realistic option, even in those rare cases when they learn of their appeal rights. Advocates, like those at the Medicare Rights Center, can help, but most people never see an advocate.

Recognizing the disruptions to care caused by these annual reassignments, CMS this week announced that it would calculate the premium subsidy with a new formula that raises the maximum subsidy and minimizes the number of Part D enrollees who will face reassignment. CMS explained that, if the new policy were in effect last year, 1.33 million low-income people with Medicare would be reassigned, more than were reshuffled under the current policy.

How is that an improvement?

It’s not. But to explain why CMS adopted this approach properly requires a highly technical explanation of the enrollment weighting, the impact of overpayments to Medicare private health plans, and CMS’ authority to reinterpret the law or ignore the law entirely by using its “demonstration” authority.

The short answer is: instability is built in to the privatized structure of the Part D benefit. Plans lowball premiums to capture market share and to qualify for a full premium subsidy and then raise their rates in subsequent years or restrict drug coverage to keep costs low.

What all people with Medicare need is a stable, Medicare-administered alternative to the private drug plans offered by insurance companies. A simple, affordable public option will provide both low- and moderate-income people with Medicare a refuge from the instability built in to the privatized Part D benefit. Unless Congress acts, however, people with Medicare will continue to be denied that choice. Please write your senator and representative and urge them to cosponsor the Medicare Prescription Drug Savings and Choice Act.
(thax medicarerights)

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SOCIAL SECURITY FUNDED THRU 2041, MEDICARE 2019
********************************************************
Administration Again Announces Social Security Funded Through 2041, Medicare Only Through 2019

The Social Security and Medicare trustees released their report on Tuesday announcing that the fiscal foundations of Social Security and Medicare are essentially unchanged since last year. Once again, they project that the Social Security trust funds will be depleted in 2041, at which point payroll taxes flowing into the program will be large enough to pay only 78 percent of the benefits that would go to beneficiaries if the program was fully funded.

Of course, many Americans might be surprised to learn that any program is funded, on paper anyway, for the next 33 years, so most future retirees are probably reacting calmly to this announcement, as they should. It's difficult to project revenues and expenditures of any sort out more than a decade, since these projections are extremely sensitive to changes in the economy and other factors. Further, under current rules Social Security benefits increase annually to match the growth in wages, which generally increase more rapidly than inflation, meaning that even if the unlikely worst case scenario came true and benefits were reduced in 2041, they might still be greater, in real terms, than those benefits received today.

Medicare is a different story.
Read More
http://www.ctj.org/taxjusticedigest/2008/03/administration-again-announces.html
(CTJ TAX DIGEST)

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CENTER FOR AMERICAN PROGRESS FINDS McCAIN TAX PLAN LIKE BUSH'S
********************************************************
Center for American Progress Finds McCain Tax Plan a Continuation of George W. Bush/Grover Norquist Agenda

A new report from the Center for American Progress examines presidential candidate John McCain's tax plan and finds that it costs even more than the Bush tax cuts and is even more regressive. The report assumes the extension of the Bush tax cuts, which McCain has promised to champion despite his opposition in years past. It also assumes that the Alternative Minimum Tax (AMT) will continue to be "patched," meaning most middle-income families will be exempt from it.
The report focuses on the additional components of McCain's plan: reducing the nominal corporate tax rate from 35 percent to 25 percent, allowing investments in equipment and technology to be deducted immediately (expensed), and eliminating the AMT (which would benefit those who aren't already exempted from it by the patch).

These changes are projected to cost over $2 trillion over ten years -- and that's not including the extension of the Bush tax cuts and the AMT patch that the authors assume. And that's not even counting the additional interest on the national debt that will result, since there is almost no way that these tax cuts would be anything other than deficit-financed. The authors find that 58 percent of the benefits of these tax breaks would go to the richest one percent of Americans, that they would increase the gap between how the government taxes income from wealth compared to income from work, and that immediate expensing and the low corporate tax rate would create vast new opportunities for tax sheltering.

Read More
http://www.ctj.org/taxjusticedigest/2008/03/center-for-american-progress-f.html
(CTJ TAX DIGEST)

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FOOD STAMP USE HIGHEST SINCE 1960's
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Food Stamp Use Highest Since 1960's
(The New York Times, March 31, 2008)

The combination of rising food prices, layoffs, and high fuel prices are leading the Congressional Budget Office (CBO) to project that the number of food stamp beneficiaries - more than 28 million - soon will be the highest since the program began in the 1960s. Although some of the increase in numbers is due to improved outreach by some states, as well as the restoration of access to some legal immigrants, the economic slowdown and the higher cost of prices for basic amenities are mostly to blame. Across the nation, states are reporting surges in requests for benefits, which requires recipients have "near-poverty incomes" in order to be eligible. More than 40 states are experiencing increased numbers, including:

Michigan - with 1 out of every 8 residents receiving food stamps, "an all-time record level" according to the state's Department of Human Services;

Rhode Island - experiencing an 18 percent increase over the past two years, to a total of 8.4 percent of the population, or 84,000 recipients, the "highest total in the last dozen years…"

New York - one in ten New Yorkers, 1.86 million, now receives food stamps;

Arizona, Florida, Maryland, Nevada and North Dakota - have all seen 10 percent or more growth in recipients over the past year.
(FRAC)

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OKLAHOMAN'S FOOD STAMPS INSUFFICIENT IN TODAY'S ECONOMY
********************************************************
Oklahoman's Food Stamps Insufficient in Today's Economy
(Tulsa World, March 26, 2008)

Oklahoma residents on food stamps find it very difficult to afford healthy food as milk prices rise to $4 a gallon and bread goes for $2-3 a loaf. Bringing this news to the Oklahoma Human Services commission, the state's Department of Human Services director, Howard Hendrick, reported his concerns that upcoming federal funding cuts, combined with high fuel and utility prices, will make it even more difficult for families to provide quality food for themselves. According to Hendrick, one out of every three Oklahoma children received food stamp benefits for at least one month during 2007. Investing in human services, such as food stamps, continues to be "good investment" for the state government if "[we want] to keep the state's economy going," Hendricks said.
(FRAC)

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SpEd - DO's & DON'TS OF TEACHING SPELLING - 08' EXPO FOR EXCEP KIDS
********************************************************
The Do's and Don'ts of Teaching Spelling
It's more than just the long and short of it. I remember being in school and focusing on the long and short vowel sounds. And words like cat, fat, take...read more

2008 Council For Exceptional Children Convention & Expo
If you haven't yet registered for this informative conference, it's not too late. The conference takes place in Boston from April 3 - 8th. More information here.Henry Winkler ' The...read more

Disabilities and Pre-Term Babies
More than 1/3 of babies born in the 7th month of pregnancy faces a disability and the risk of that disability increases the earlier the baby is born. Read this...read more
(thax about.com)

========================================================
DAC News V8-#31 Monday, March 24, 2008 -- No Vote, No Voice!
========================================================
I go to Florida and catch a cold. So much for vacations:) Now to catch you up with some news. Here's a site to read for those who like Barack Obama and would like to read his speech to explain Rev. Wright's wild accusations that seemed to knock a little air out of Obama's balloon. At least now you can read the entire speech and decide for yourself. 'A More Perfect Union' by Barack Obama read here: http://www.latimes.com/news/nationworld/nation/
la-na-obamatext19mar19,0,2872445.story?track=ntothtml

NEXT - SCI INFO
Here's a great web source contributed by a reader with answers to questions from a Spinal Cord Nurse to SPIs seeking answers. Try it. http://sci.rutgers.edu/forum/forumdisplay.php?f=15

NEXT
Airlines tackle wheelchair need
With demand for help rising, fliers can fall through the cracks
http://www.usatoday.com/printedition/money/20080313/wheel_chair_travel.art.htm

HEY LQQK, GOOD READING
The latest edition of the Bridges4Kids NewsDigest is available at http://bridges4kidsnewsdigest.c.topica.com/maakrHpabFCctbboDaTbafpLKt/

AND MAGGIE'S MARCH NEWS
March Information Summary C7
Special Alerts and Information or: http://members.aol.com/dac4va/information.htm

NEXT
Head and Brain Injuries
March Is Brain Injury Awareness Month
http://www.cdc.gov/Features/FallsAndBrainInjury/
Centers for Disease Control and Prevention

Preventing Traumatic Brain Injury in Older Adults
http://www.cdc.gov/braininjuryinseniors/images/pdfs/PreventingBrainInjury_Booklet_508_080227.pdf
Centers for Disease Control and Prevention

Paterson's ascension inspires the disabled
New York's new legally blind governor David Paterson...
http://apnews.myway.com/article/20080314/D8VD4QNO0.html

Employer bias thwarts many blind workers
http://apnews.myway.com/article/20080316/D8VELT780.html

VBPD SEEKS CANDIDATES FOR VACANCIES
SECRETARY OF COMMONWEALTH SEEKS CANDIDATES TO FILL BOARD AND COMMISSION VACANCIES

Virginia has many boards and commissions for which citizen appointments are needed. Individuals with disabilities and their families are encouraged to apply for these vacancies. It is important that individuals with disabilities, their families and advocates be present on diverse boards and commissions, not just those in which disability issues are a primary focus.

The Commonwealth of Virginia is seeking individuals interested in committing time and energy towards the work of the people.

Among the entities seeking applicants for Board appointments is the Virginia Board for People with Disabilities (VBPD). Information about VBPD is available on our website at www.vaboard.org.

If you apply for appointment to VBPD, you must be able to commit time to attend a minimum 4 meetings a year, usually held in Richmond and to engage in other Board related activities, which may include attendance at additional meetings, and ongoing participation in grant, policy related, educational, and outreach activities designed to enhance the service delivery system for persons with developmental disabilities. The Board is currently recruiting for the following “slots”.

•           Person a with developmental disability
•           Parent or guardian of a person with developmental disability
•           Immediate relative or guardian of a person with mentally impairing development disabilities;
•           Manufacturing/retail representative
•           High technology representative
•           Local government representative
•           Non governmental agency/group concerned with services for people with developmental disabilities (DD).
•           Individual with a disability other than DD

If you are interested in applying for a position on any Board or Commission, you can find relevant information on the website of the Secretary of the Commonwealth at: http://www.commonwealth.virginia.gov/StateGovernment/Appointments/appointments.cfm.

Applications for Boards and Commissions are accepted throughout the year by the Secretary of the Commonwealth.

If you are specifically interested in applying for an appointment to VBPD, we ask that you submit the application found on the Board’s website at http://www.vaboard.org/downloads/BoardAppointApplication.doc which includes a special section denoting the category of representation for which you are applying.

Applications for upcoming VBPD vacancies are also accepted year-round. However, to be considered for upcoming vacancies available on July 1, please submit your application by April 15 to:

Sandra Smalls
Virginia Board for People with Disabilities
202 North 9th Street, 9th Floor
Richmond, VA 23219
Fax: 804-786-1118
Sandra.smalls@vbpd.virginia.gov

NEXT
April 21-23, 2008 National Council on Disability Meeting
National Council on Disability (NCD) Quarterly Meeting

Westin Arlington Gateway
801 North Glebe Road
Arlington, VA

BeginsMonday, April 21, 2008, at 8:30 a.m.
Ends Wednesday, April 23 at 12:30 p.m.

This meeting is open to the public. Times are designated for public comment, supported by a toll-free call-in line, and your input is encouraged and greatly appreciated. You can also provide your written comments by e-mail, fax, or mail.

Public comment sessions will be held Monday, April 21 from 5:00 p.m. until 5:30 p.m. EDT and on Tuesday, April 22 from 4:30 p.m. until 5:00 p.m. EDT. The toll-free call-in number is 888-455-9639, and the pass code is “NCD Meeting.” You are also invited to join us for a reception at the hotel for meeting participants, audience members, and stakeholders from the disability community on Tuesday, April 22 from 5:00 p.m. to 6:30 p.m., immediately following our session for the day. As an added bonus, there is also a separate release of NCD’s latest report, Keeping Track: National Disability Status and Program Performance Indicators on our Monday schedule beginning at 1 p.m.

NCD is an independent federal agency and is composed of 15 members appointed by the President, by and with the advice and consent of the Senate. NCD provides advice to the President, Congress, and executive branch agencies to promote policies, programs, practices, and procedures that guarantee equal opportunity for all individuals with disabilities, regardless of the nature or severity of the disability; and empower individuals with disabilities to achieve economic self-sufficiency, independent living, and inclusion and integration into all aspects of society.

In carrying out its mission, NCD believes it is vital to hear from communities around the country on what works and what does not for people with disabilities. NCD's agenda will include sessions on emergency preparedness, healthcare, employment, and several other subjects of interest to the disability community. It is delighted to have the opportunity to visit Arlington and learn firsthand about the experiences of people with disabilities from the mid-Atlantic region. This is an opportunity to meet NCD members and staff and offer your comments during the public comment sessions.

For more information, please contact NCD’s Director of External Affairs, Mark S. Quigley, at mquigley@ncd.gov or by telephone at 202-272-2004 (V), 202-272-2074 (TTY), and please visit our Web site at www.ncd.gov

AND
VBPD: March 2008 issue of Voices & Visions Newsletter
Good day. Please find attached a link to our quarterly newsletter, Voices & Visions. Past issues have been archived on our site and can be downloaded from http://www.vaboard.org/vbpdnewsletter.htm. Have a great day!

FINALLY
State Convention
The Arc believes that members like YOU hold the key to unlocking Virginia’s potential!

The Arc of Virginia will be holding its 2008 State Convention on April 10-12 at the Best Western Inn and Suites Conference Center in Waynesboro, VA.   At this conference, over 250 self-advocates, family members and professionals from across Virginia will have the opportunity to learn about new initiatives to create “A Life Like Yours” for persons with intellectual disabilities as well as advocacy strategies that will help us turn these initiatives into new community-based support systems statewide. We believe the Convention promises to be not only an exciting and informational event, but also a critical step in putting Virginia on the right PATH to A Life Like Yours! Visit www.arcofva.org to learn more and to download our Convention Brochure and Registration Form.

Jamie Trosclair
Executive Director
The Arc of Virginia
2025 E. Main Street, suite 107
Richmond Va 23223
phone: (804) 649-8481 ext. 101
fax: (804) 649-3585
toll free: (888) 604-2677
jtrosclair@arcofva.org www.arcofva.org

Much more news so read, enjoy and comment if you wish:)

Keith-

========================================================
1. GET REAL
2. SpEd - COUNTDOWN TO SPRING - ANOTHER STUDY ON ADHD
3. NUMBER OF NEW CASES OF ALZHEIMER'S TO ESCALATE RAPIDLY
4. BITS OF NEWS
5. CAN I GET MEDIGAP BACK IF I DROP MEDICARE PRIVATE PLAN?
6. VIRTUAL ONLINE JOB FAIR FOR DISABLED COLLEGE STUDENTS
========================================================
********************************************************
GET REAL
********************************************************
Get Real

March 13, 2008 • Volume 8, Issue 11

When the public demands action that threatens powerful interests, one of the oldest tricks used by Washington power brokers is to take some action—pass a law, enact a regulation, pledge to abide by new voluntary rules—that appears to address the problem but is, in reality, completely ineffective. The goal is to fool the public and the press and head off any efforts at real reform.

Case in point: Stopping the aggressive, deceptive and fraudulent marketing of Medicare private health plans.

Pressure is building to enact legislation that would curb these abusive practices. Senator Herb Kohl, Democrat of Wisconsin, and Senator Ron Wyden, Democrat of Oregon, have a bill that would allow state insurance departments to enforce tough new marketing rules. It would clean up the current legal mess that allows states to chase individual agents that deceive consumers but prevent states from taking action against the insurance companies that employ these agents. The legislation is modeled after Congress’ success in cleaning up the market for Medigap supplemental plans, which standardized plan benefits and curbed abusive marketing.

Insurance companies want to keep the states out of their hair. So last week, their lobby, America’s Health Insurance Plans, issued a call for “more stringent federal standards.”

A close inspection reveals that these “more stringent” rules are either already in place or riddled with loopholes. AHIP proposes a ban on door-to-door marketing, which is already against federal guidelines. AHIP wants to talk about regulating broker commissions to discourage agents from moving clients from plan to plan each year in order to win new commissions. But the group says nothing about prohibiting volume bonuses and other incentives that encourage mass enrollments that fail to account for the individual needs of consumers.

The insurance industry should not be dictating the rules that govern their marketing conduct. It is up to Congress to establish tough rules and allow states to enforce them. Please urge you senator to cosponsor S. 1883, the Accountability and Transparency in Medicare Marketing Act of 2007.
(Thax medicarerights)

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SpEd - COUNTDOWN TO SPRING - ANOTHER STUDY ON ADHD
********************************************************
Countdown to Spring!
With spring coming to us this week, here are a few resources to support learning: Spring Worksheets Spring Crafts Spring Fun for Families Happy Spring!...read more

Another Ground Breaking Study on ADHD
Do children who have Attention Deficit Hyper Disorder (ADHD) experience a development delay with a distinct biological basis? A recent study would say that evidence does support this notion. The...read more

St. Patrick's Day
Here are a few resources to support all learners with the St. Patrick's Day theme: St. Patrick's Day Recipes (make the Irish Bread in the classroom) St. Patrick Day Crafts St. Patrick's Day...read more
(thax about.com)

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NUMBER OF NEW CASES OF ALZHEIMER'S TO ESCALATE RAPIDLY
********************************************************
This is the March 24, 2008, issue of Elder Law FAX, a free newsletter published by the Elder Law Practice of Timothy L. Takacs.

Number of New Cases of Alzheimer's Disease to Escalate Rapidly
Alzheimer's disease is the most common type of dementia, accounting for 60 to 80 percent of cases. Alzheimer's disease is characterized by deposits in the brain of the protein fragment beta-amyloid (plaques) and twisted strands of the protein tau (tangles).

So far, there is no effective treatment to delay or stop the deterioration of brain cells that is the hallmark of Alzheimer's disease. The U. S. Food and Drug Administration has approved five drugs that temporarily slow worsening of the symptoms. On average, these drugs are effective for six to 12 months.

Active management of Alzheimer's disease consists of an appropriate medication regimen, counseling, supportive services, residential placements, and adult day services to improve the quality of life of those suffering from the disease and of those who care for them.

According to a new report issued by the Alzheimer's Association, a focus on prevention rather than cure of the disease is one of the most exciting developments in dementia research.

Evidence tantalizingly suggests that brain health is linked overall to the health of the body's vascular system--the heart and blood vessels. Management of cardiovascular risk factors, therefore, such as cholesterol, diabetes, high blood pressure, obesity, and even diet and exercise, may very well have salutary effects on avoiding or delaying cognitive decline.

Facts and Figures

As many as 5.2 million people in the United States are living with Alzheimer's. This figure includes 200,000 persons under age 65 with early onset. The Alzheimer's Association estimates that there are approximately 500,000 Americans under age 65 who have Alzheimer's or another dementia, and about 40 percent of them have Alzheimer's disease.

10 million baby boomers will develop Alzheimer's in their lifetime. To put it another way, one out of every eight boomer will get the disease.
-Every 71 seconds, someone develops Alzheimer's.
-Alzheimer's is the seventh-leading cause of death.
-The direct and indirect costs of Alzheimer's and other dementias to Medicare, Medicaid and businesses amount to more than $148 billion each year.
-With the growth of the older population and the aging of the baby boomer generation, the number of new cases will escalate rapidly over the next 40 years. By mid-century, someone will develop Alzheimer's disease every 33 seconds.

These are just a few of the facts in the Alzheimer's Association's new report, 2008 Alzheimer's Disease Facts and Figures. The report is a comprehensive statistical abstract of U.S. data on Alzheimer's disease that includes:

-prevalence
-mortality
-the costs of Alzheimer care
-family caregiving
-a special report on lifetime risk

Link to the report: http://www.alz.org/national/documents/report_alzfactsfigures2008.pdf

Elder Law Practice of Timothy L. Takacs
201 Walton Ferry Road, Hendersonville, TN 37075 · (615) 824-2571
1680 S. Jefferson, Suite A-B, Cookeville, TN 38506 · (931) 526-3828
http://www.tn-elderlaw.com

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BITS OF NEWS
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Service-based Economy Brings Many to Brink of Poverty
(San Luis Obispo Tribune, March 9, 2008)California's San Luis Obispo County is watching as more and more residents are struggling with the slow economy and low wages from their service sector jobs. Lee Collins, director of the county's Social Services Department, is concerned that a looming recession and possible government cuts to welfare and health programs will make matters worse, "at a time when more families may need a boost to keep food on the table at the end of the month." The percentage of the county's students qualifying for free or reduced lunch has risen 17 percent over the past seven years; now one out of every three students qualifies. And the number of food stamp recipients has doubled. High home prices and affordable housing shortages add to the dismal economic climate for many of the county's working poor.

Affluent County Experiencing High Food Stamp Participation
(Al.com, March 9, 2008)Alabama's Shelby County, the richest in the state, also has the state's highest percentage of food stamp recipients. "We don't have that many poor people," said the county's Department of Human Resources (DHR) director Chris Monceret. "We have…a lot of elderly and working people who qualify." According to the DHR, close to 13,000 people in Shelby County live in poverty, while less than half of them were enrolled in the Food Stamp Program in 2007. The county's DHR office is working to increase those numbers, and as of January 2008, 6,407 residents living in poverty are now receiving the assistance. There's an initiative to increase participation statewide by concentrating on the elderly and working poor populations. In Shelby County, only 22 percent of eligible senior citizens receive food stamps; outreach efforts will enable seniors to apply via phone as the state focuses on making the food stamp application process simpler.

State Budgets Veer Toward Recession
(The New York Times, March 17, 2008)25 states expect budget shortfalls in the 2009 fiscal year, a figure confirmed through separate research by the Center on Budget and Policy Priorities, an informal New York Times phone survey, and other state roundups. These shortfalls are the largest reported by many of the states since the 2001 and 1991-92 recessions. The housing market "implosion" which negatively affected tax revenues is being blamed for a major part of the shortfalls, and some states normally avoiding tax increases are now looking at some sort of increase. Maryland's legislature bumped the state's sales tax up a point to six percent and programs for the elderly are being cut in Maine, while New Jersey government employees face layoffs. Children's Medicaid programs are also getting pinched. Jennifer Davis, Delaware's State Office of Management and Budget director, commented "Good state budget managers…manage their budgets like a household. When gas and milk prices go up, there are only so many ways to solve it."

Some states, however, aren't bracing for billions in lost revenue; oil producing states aren't as beleaguered, as well as agricultural states, like Kansas. But overall, the situation looks bleak, as National Governors Association executive director Ray Scheppach describes how long the problems will last. He said personal income taxes tend to lag behind economic recoveries, and "[t]he major impact on states is the year after a recession stops or the following year. It is really sort of the worst as you begin to recover."
(thax FRAC)

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CAN I GET MEDIGAP BACK IF I DROP MEDICARE PRIVATE PLAN?
********************************************************
Dear Marci,
Up until this year, I had been enrolled in Original Medicare and had a Medigap plan as my supplement. I was convinced by an insurance agent to enroll in a Medicare Advantage PPO because my premiums would be lower. However, now my doctor won’t accept my new insurance. Can I go back to Original Medicare and still get my Medigap back?

— Agnes (Faribault, MN)
----------------------

Dear Agnes,
Yes. If you dropped a Medigap policy to join a Medicare private health plan (HMO, PPO or PFFS) for the first time and drop the new plan within 12 months, you have the right to buy the Medigap policy you originally had so long as the same insurance company still sells it. If not, at a minimum, you have the right to buy Medigap Plans A, B, C or F. In some states, you may have dditional rights.

Read the full article on Medicare Interactive to find out at what other times you can buy a Medigap policy.
http://medicareinteractive.org/page2.php?topic=counselor&page=script&slide_id=362

— Marci

Looking for past Dear Marci Answers? Got other Medicare questions? Find your answers in Medicare Interactive, the Medicare Rights Center’s FREE virtual counseling tool. Visit Medicare Interactive today!
(thax medicarerights)

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VIRTUAL ONLINE JOB FAIR FOR DISABLED COLLEGE STUDENTS
********************************************************
Virtual Online Job Fair for Disabled College Students

Virtual Online Job Fair for Disabled College Students Transitioning from School to Work

Coming April 23rd 2008 to the Western United States.
Reserve your spot today!

Hi, my name is Diana Corso and I am the Founder/Chairman of disABLEDperson Inc. Do you as an employer want to reach the skilled workforce of disabled college students transitioning to work? Are you proactive in hiring the disabled but have no budget to recruit this skilled workforce? disABLEDperson Inc. can help. This is a preliminary email to inform you that in April 2008, we will be hosting a Virtual Online Job Fair for Disabled College Students making the transition from school to work in the Western United States on our web portal www.disABLEDperson.com and we are offering your company the opportunity to participate, free as a public service. Included States are Washington, Oregon, Nevada, Arizona, Idaho, Utah, New Mexico, Colorado, Wyoming and Montana.

Participating Colleges and Universities

We have talked to the Disability Student Services Department at every 4 year institution with 1000 students or more in each of the above states to confirm their school’s respective participation. Students from major universities throughout the 10 states will participate.

Job Fair Experience

disABLEDperson Inc. has held 2 successful Virtual Online Job Fairs for Disabled College Students Transitioning from School to Work in California in 2007. For the California Fairs, we had 44 universities and colleges such as Stanford, UCLA, Berkeley and USC participate along with 38 employers.

In a letter to disABLEDperson Inc’s Nicholas Corso who was the Project Director in California, California’s First Lady Maria Shriver stated. “I applaud you for your dedication to help provide independence and self-sufficiency to those qualified individuals who many times are overlooked for jobs based on their disability. On behalf of all Californians, please accept my best wishes for every future success.”

Partnerships

To date, disABLEDperson Inc. has formed a partnership for this initiative the DirectEmployers Association of America.

Logistics: How it will work!

Here is how it will work. Simply, the student comes to our site on the day of the fair, click on our Fair Page where they will see a list of participating employers. Click on an employer where they will be directed to your profile page that will describe if you like your diversity practices. The page if you wish can also hold current job openings. Again, if you wish, the candidate can then click on a hyperlink that will direct them to a private chat room with a recruiter from your company where your recruiter can then decide if they would like to further pursue the candidate. disABLEDperson Inc. can limit the number of individuals at any given time who enter the chat room. That number will be decided by the individual company.

disABLEDperson Inc. understands that different companies handle online resumes in different ways. That being said, we will do our best to accommodate you as best we can. You, the employer can have back links on your page that will send the student to your company’s career site to post their respective resume or we can build a resume submission form on your employer’s page that will go into an Access Database. Following the fair, we can then send you the database for your review. Again, we will do our best to accommodate you.

Cost to Participate

There is no fee to participate. However, we do ask for voluntary tax deductible donation. The amount will be up to you.

========================================================
DAC News V8-#30 Monday, March 03, 2008 -- No Vote, No Voice!
========================================================
Since I will be taking a little break starting Thursday, I thought I'd better "try" to empty my mailbox. Yea right:) Well, I will give you everything this letter will hold anyway.

After my last letter commenting on the elections here's a comment the reader gave me permission to share. I suppose it will also go well with tomorrow's elections:)

Keith,
Just had two thoughts about the election.
1) Barack Obama has been voting NV (not voting) for ages. In other words, he won't take a position on most things. How can he run for president and not take a position is beyond me.
2) He will only accept mail from his constituents, so if you are not an Illinoisan, he will not accept your mail. People might want to think twice about voting for him. Just a thought I wanted to share.
Kathy Vukmanic

NEXT - DAYLIGHT TIME SUNDAY
Remember to set your clocks forward one hour on Sunday, March 9. The transition officially happens at 2:00 a.m. local standard time, which becomes 3:00 a.m. local daylight time.

NEXT
2008 International RiSE Symposium - Registrations Now Open!
Registrations NOW OPEN!
Hurry – Early Bird Registrations close 31 March 2008!

Be part of the exciting, cutting edge inaugural international symposium placing the arts at the centre of education for special needs.

For all details visit
http://symposium.portphillip.vic.edu.au
To register visit
http://symposium.portphillip.vic.edu.au/Registrations/

Enquiries:
Happenings Australia
Tel: +61 3 9329 6400
Fax: +61 3 9329 6466
Email: event@happenings.com.au

2008 International Symposium:
Re-imagining Special Education through Arts Education & Arts Therapy
Melbourne Convention Centre
26-29 July 2008
Melbourne, Australia

NEXT
SMART- One March 2008 Newsletter
-- SMART Acting's Production of "Grease" Huge Success / front page story
-- Friday, March 7th: Children Of the Promise / details on page 10
-- Thursday, March 14th: "Birds and the Bees" Information Night / details on page 11

Read about these and more in the March "SMART Talk" newsletter.

Click on the link below to read the newsletter:
http://www.smartoneinc.net/newsletter/Smart_Ones_Newsletter_Mar08.pdf

NEXT
Aging Well at Home, With a Little Help (thax proaging)
http://guidetoretirementliving.com/wordpress/?p=1172

Heart Attack
Heart Attack Patients Who Don't Fill Prescriptions Increase Risk of Dying
http://americanheart.mediaroom.com/index.php?s=43&item=342
American Heart Association

Macular Degeneration
Comparison of AMD Treatments Trials (CATT): Lucentis — Avastin Trial
http://www.nih.gov/news/health/feb2008/nei-22.htm
National Eye Institute

Orgasm and disability
http://www.latimes.com/features/la-he-orgasm11feb11,0,3858538.story?track=ntothtml

Physicians group urges easing of ban on medical marijuana
http://www.latimes.com/news/local/la-me-medpot15feb15,0,257484.story?track=ntothtml

Latest Edition of Disability Rights On-Line News
In case you have not seen this, I wanted to let you know that the latest edition of Disability Rights On-Line News is now available at:

HTML Version:
http://www.ada.gov/newsltr1207.htm

PDF Version:
http://www.ada.gov/newsltr1207.pdf

HEY, AWARDS
RSC Disability Advocate and Service Award Nominations Being Accepted
The Ohio Rehabilitation Services Commission
Serving Ohioans with Disabilities

Disability Advocate and Service Award Nominations Being Accepted

Nominate an outstanding service provider or advocate for people with disabilities

The Denise Joanne Weisenborn Service Award honors Ohioans who provide outstanding services to people with disabilities to make their participation in society more meaningful. The late Denise Weisenborn was an attorney and an exemplary disability advocate. The Parma resident, who was a commissioner with the Ohio Rehabilitation Services Commission, devoted the last years of her life to promoting the state’s adoption of a Medicaid Buy-In program so that people with disabilities could become employed without fear of losing health coverage. She also served as a member of both the Ohio Governor's Council on People with Disabilities and the Ohio Developmental Disabilities Council. Ms. Weisenborn, who had a severe disability, used the services of personal care assistants on a daily basis.

The Ben Bonanno Disability Advocate Award honors outstanding disability advocacy accomplishments. It recognizes a person whose advocacy efforts have significantly improved the employment possibilities of Ohioans with disabilities in a manner consistent with RSC’s mission to help Ohioans with disabilities get jobs and achieve independence. Former RSC Commission Chair Ben M. Bonanno has devoted his life’s work to advocacy on behalf of people with all types of disabilities, especially, those with intellectual disabilities He is the Executive Director Emeritus of Cleveland’s Center for Mental Retardation (The Arc of Cuyahoga County).

Details:
Nomination forms are available at http://rsc.ohio.gov/
Application deadlines for both awards are March 13, 2008.
Awards will be presented at the June 2, 2008 Ohio Rehabilitation Services Commission Meeting.

Award Contact Information:
Shirley Marchi via e-mail shirley.marchi@rsc.state.oh.us or phone: (614) 438-1214.

FREE STUFF
FREE Disaster Preparedness Workshop on March 8, 2008

Congregations Who Care - Prepare Workshop
Saturday, March 8, 2008
9:00 AM - Noon

Goochland Baptist Church
2454 Manakin Road
Manakin-Sabot, Virginia 23103

This FREE workshop is open to area churches, faith-based or community service organizations who care about their congregations/members needs in the event of a Disaster.

The workshop will focus on:

-Understanding what resources are available in the community Before, During and After a Disaster occurs.
-How to assist with members of your group who have a disability, are senior citizens, have special health needs, or are caregivers to Prepare for a Disaster.
-Network with other area churches, faith-based and community service organizations.

Participants will receive a “GO Backpack” and a Participant’s Notebook to help you in your church ,faith-based or community service organization as you Prepare.

For more information contact:

Tim Moore - Project Director
Linda Moore - Project Assistant
Are You Ready? Disaster Preparedness
for People with Disabilities - Part III
P.O. Box 174
Rockville, Virginia 23146
(804) 749-3895
voicegapkids@yahoo.com
http://www.voiceforgapkids.com

FINALLY
2008 Conference on Elder Rights, Guardianship, and Disability Services
Don't miss the 2008 conference of the Virginia Elder Rights Coalition, Virginia Guardianship Association and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services on April 7 & 8 in Richmond at the Sheraton Richmond West Hotel. Hear a keynote on disaster ethics; view a dramatic monologue on mental health, aging and caregiving; and listen to an address by the director of the National Guardianship Association. Participate in workshops ranging from guardianships gone awry, Social Security representative payees and Fair Housing to client capacity to refuse APS services, consensual sex and incapacitated adults, and Olmstead. Network with colleagues at a lively reception. GAL credits approved; MCLE credits and CEU Social Work credits pending. Register now at: http://vgavirginia.org/conferences.asp

Much more news so read, enjoy and comment if you wish:)

Keith-

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1. THE WORST NURSING FACILITIES - COME ON CMS
2. TAX STIMULUS PAYMENTS
3. N.J. FAILS TO FULFILL PROMISE TO HOUSE DISABLED
4. PROTECTING CONSUMERS
5. SpEd - PYRAMID OF FRIENDS - IS MY CHILD READY TO READ YET?
6. WHAT IF MY MEDICARE HEALTH PLAN WON'T PAY FOR CARE I NEED?
========================================================
********************************************************
THE WORST NURSING FACILITIES - COME ON CMS
********************************************************
The Worst Nursing Facilities - Come On CMS. Information Bulletin 242 (3/08)

CMS issued a report on 2/13/08 identifying the 131 worst nursing facilities in the country. To make this honor role:

(1) these facilities had at least twice as many deficiencies as the average number of average deficiencies than other nursing facilities in the quality of care they provided; (2) they had more serious problems than other nursing homes ("serious problems"are those, by definition, that actually cause harm or injury to residents), AND (3) they had a pattern of these "serious problems" that persisted over approximately three years.

One would think that such nursing institutions would have been shut down well before three years! Or at least, CMS would have disallowed federal Medicaid and Medicare funds to continue to flow to them. Can one imagine how afraid older Americans and other residents with disabilities must be in these institutions? They see and know these "serious problems" pervade the nursing facility where they are, and they must live in constant fear that they will be the next "serious problem" even though many want to return to the community with appropriate services.

Can anyone imagine the CMS officials or our esteemed federally elected officials letting their mothers or brothers or children stay in these institutions for any length of time, let alone three years?

One might think that our federal Medicare and Medicaid dollars would have been stopped as soon as a nursing facility caused one "serious" harm or injury to residents. Without any question, when "serious problems" persist for more than one inspection, the dollars should have been stopped. But they continue.

What will it take to stop spending our federal dollars in nursing institutions that cause "serious" harm and injury to older Americans and people with disabilities? Maybe if CMS officials will not impose serious penalties we should ask them to spend some time in these institutions as "residents." Let them have to live in these nursing institutions and be potential victims of "serious problems." Such an experience might even push them to opt for community-based services as an entitlement.

Maybe CMS should tell us how many residents need to be seriously injured or harmed before a nursing facility loses its Medicaid and Medicare funds. Is there a magic number?

Of the 131, here are the 52 worse nursing facilities that have not improved but still receive Medicaid and Medicare funds. (Some of the 131 "improved" in one inspection but have not sustained improvement for 12 months.) Let's remember these 52 are only the tip of the worst..

Disability and Older American advocates could check out the mortality/morbidity rates in these nursing facilities. Do your newspapers know these esteemed nursing facilities have made the CMS "worse" list?

You could even determine what, if anything, your state Health Department
(or whatever is the nursing home inspection unit in your State) has done to monitor or impose sanctions on these dangerous institutions.

Eastview Health Care Center,            Birmingham, Al,
Medi-Home Inc,    Fort Smith AR,
Infinia At Show Low,                   Show Low, AZ,
Evergreen Foothills Health & Rehab,     Phoenix, AZ,
Ember Health Care - Pomona,         Pomona, CA,
Pleasant Care Rehab&Nursing Center, Santa Cruz, CA,
Eagle Ridge at Grand Valley,            Grand Junction, CO,
Kindred Healthcare & Rehab,         Northgleen, CP,
Apollo Health & Rehab,              St. Petersburg, FL,
Key West Conv Center,               Key West, FL,
Polk City Nurisng & Rehab,      Polk City, IA,
Cedar Falls Health care,                Cedar Falls, IA,
International Village,                  Chicago, IL,
Berkshire Nursing & Rehab Center,       Forest Park, IL,
Hillcrest Center for Heath & Rehab,     Jeffersonville, IN,
St. Jospeh Care Center - west,          South bend, IN,
Valparaiso Care & Rehab center          Valparaiso, IN
Deseret Nursing & Rehab                 Colby, KS
Highlands Nursing                   Louisville, KY
Cambridge Place                     Lexington, KY
Cedar Hill Health Care              Randolph, MA
Harborside Healthare                    Wakefield, MA
Fairlane Senior Care              Detroit, MI
Imperial Healthcare                 Dearborn Heights, MI
Metron of Big Rapids                    Big Rapids, MI
West Village Manor                  Columbia, MO
Senior Estates                      Kansas City, MO
St. Elizabeth Healthcare                Florissant, MO
Evergreen Missoula                  Missoula, MT
Infinia Att Florence Heights            Omaha, NE
Victoria Health Care Cente              Matawan, NJ
Fort Bayard Med Center              Fort Bayard, NM
Northwoods Rehab ECC Hilltop            Niskayuna, NY
Geriatric Center of Mansfield           Mansfield, OH
Woodlawn Health Care                Pawhuska, OK
Northwest Nursing Center                Oklahoma City, OK
Hometown Nursing              Tamqua, PA
Ashton Hall                         Phila, PA
Brighten at Broomall                    Broomall, PA
Unihealth Post Acute (formerly Manolia Manor) Moncks Corner, SC
Bennett Co. Hosp & Nursing          Martin, SC
Overton Park Health care                Memphis, Tn
Taylor Care                         Taylor, TX
Renaissance at Kessler Park             Dallas, TX
Bennner Healthcare                  Houston, TX
San Saba Nursing Home               San Saba, TX
Ruston Health of Woodbridge         Woodbridge, VA <--NASTY PLACE...kk-
Frontier Rehab & Ext Care               Longview, WA
Franklin Hills Health & Reha            Spokane, WA
Willows Nursing and Rehab               Sun Prairie, WI
Middleton Village Nursing Rehab         Middleton, WI

Steve Gold, The Disability Odyssey continues

Back issues of other Information Bulletins are available online at

Disabled Action Committee