On Target is a monthly publication
of the Indiana Governor's Council for People with Disabilities.
We welcome your suggestions for newsletter content and
ideas concerning the actions of the Council. On Target is made available
in accessible formats upon request.
Suellen Jackson-Boner
Executive Director
Christine Dahlberg
Associate Director
Paul Shankland
Grants Manager |
Sweeping Medicare reform promises much, concerns many
Both the U.S. Senate and House have passed Medicare reform bills that promise a prescription drug benefit and more consumer choice. But across the nation, disability advocates and others are concerned about what The New York Times calls "the unraveling of a social compact."
Consumers Union, the publisher of Consumer Reports, released a study showing that Medicare recipients' out-of-pocket prescription drug expenses will remain the same at best and could increase under both versions of the bill.
According to June Lyle, AARP Indiana associate state director for public policy, another area of concern is a "bizarre donut hole structure" in prescription drug coverage. Specifically, both plans suffer from a coverage gap after regular coverage stops and before catastrophic coverage kicks in, forcing Medicare recipients to pay all drug expenses during this time.
Ultimately, however, the real value of the prescription drug benefit will depend on a person's income and drug expenses.
"Whether the House or Senate version is better depends on your individual circumstances," Lyle said. For example, the Senate version would offer better benefits to people with low incomes or particularly high prescription drug expenses.
Conference committee negotiations are expected to be lengthy because the two bills differ not only on prescription drug coverage, but also on several other important provisions. For example, the House bill includes a plan to privatize the program and establish direct price competition between Medicare and private insurers beginning in 2010.
The price competition provision, lauded by some as offering consumers more choices, is opposed by disability advocacy groups such as The Arc and United Cerebral Palsy because it is expected to adversely affect people with disabilities.
"Medicare would compete with plans offered by private insurers, who would be able to lower premiums while Medicare premiums go up," Lyle said. "In the long term, this would make it difficult for the program to survive."
In the end, according to The New York Times, Medicare would insure only the people with the highest medical costs - at much higher premiums than today. In fact, Families USA calls the provision "the beginning of an insurance death spiral that will ultimately destroy the traditional Medicare fee-for-service program."
Advocates also are concerned about a provision in the Senate bill requiring people with dual eligibility to seek prescription drug benefits from state Medicaid programs rather than Medicare. Advocates contend that all Medicare recipients should be treated equally and should receive their benefits through Medicare, particularly because state Medicaid budgets already are strained.
People with disabilities did achieve an important victory despite the bills' potential drawbacks. Both the House and Senate versions include a two-year program in which three "test" states will allow people with disabilities receiving home health care services to apply for exemptions from restrictions on when they can leave their homes, for how long and for what reasons. The three participating states, including one from the Midwest, will be selected after passage of the final bill.
The House version also includes a one-year moratorium before caps for physical, occupational and speech/language therapies become effective. Advocates hope the final version will include this moratorium and extend it for at least two years. Caps will go into effect Sept. 1 unless this provision passes through the conference committee.
For a copy of the Consumers Union report, visit www.consumersunion.org/pdf/medicare-603.PDF. Visit thomas.loc.gov to follow the progress of H.R. 1 (Medicare Prescription Drug and Modern-ization Act of 2003) and S. 1 (Prescription Drug and Medicare Improvements Act of 2003).
Programs offer services to veterans with disabilities
Veterans with and without disabilities can turn to several organizations, such as the Disabled American Veterans (DAV) and the new VISTA Center in Indianapolis, for a wide variety of services.
The DAV's National Service Program represents veterans and their families with claims for benefits from the Depart-ment of Veterans Affairs, Department of Defense and other government agencies. Other DAV services include benefits education, a transition program for veterans reintegrating into civilian life, and the Homeless Veterans Initiative.
In Indianapolis, another initiative is supporting homeless veterans, specifically those with mental illness or substance abuse issues. The VISTA (Veterans Integrated Services Training for Achievement) Center, which opened in June, links homeless veterans to services such as education, substance abuse treatment and more.
For more information about the DAV, visit www.dav.org or call (317) 226-7928 (voice). For more information about the VISTA Center, call (317) 951-0688 ext. 224 (voice).
Supreme Court to address another disability-related issue
The Supreme Court has agreed to hear another case that could determine whether states can be sued for damages under the ADA. In Indiana, the case could mean more accessible courthouses and other government buildings, which is especially important when those facilities are used as polling places.
The case, Tennessee v. Lane, is based on the complaints of two people with disabilities who found Tennessee's courtrooms to be inaccessible.
In one complaint, George Lane had to drag himself up stairs to reach a second-floor courtroom. When he refused to do the same for a second hearing and instead sent word that he was waiting downstairs, he was arrested for failure to appear.
Tennessee v. Lane is similar to the recent Alabama v. Garrett case, which said people with disabilities could not collect damages from states in ADA lawsuits. The major difference between the cases is that Tennessee v. Lane is based on due process rights guaranteed in the 14th amendment and not based on equal protection.
A decision in the case is expected in 2004.
Preparing students with disabilities for college
Today, more high school students with disabilities choose to further their education at post-secondary schools. To ensure a rewarding experience, students need to know their rights and responsibilities, as well as those of the school.
Instead of being protected by the Individuals with Disabilities Education Act (IDEA), students in post-secondary schools must rely on Section 504 of the Rehabilitation Act of 1973 and Title II of the ADA, both of which prohibit discrimination on the basis of disability. Under these laws, colleges and universities must make reasonable accommodations but are not required to lower or waive requirements they consider to be essential.
Although each student's situation should be considered on an individual basis, accommodations could include providing notetakers and sign language interpreters, substituting one course for another, extending testing time or equipping school computers with assistive technology, such as screen readers.
Another major difference between high school and college is that students must initiate requests for the supports they need, as those supports will not be automatically provided. For this reason, it is important for students to self-advocate and effectively articulate their needs. Most post-secondary schools have procedures in place for students to request accommodations and will require documentation of a disability. These requirements usually are explained in a student handbook.
Schools should work with students to identify the best accommodations. But if communication fails, students can lodge a complaint through the school's grievance procedure, the court system or the Office for Civil Rights, which enforces Section 504.
Council launches new Web site
The Council is unveiling a redesigned Web site with enhanced visuals and easier navigation for people with and without disabilities.
"The Web site redesign provides enhanced opportunities for people to connect to disability-related resources and to become better informed about the Council and its programs," said Suellen Jackson-Boner, Council executive director. "As always, we welcome comments and suggestions."
The updated site includes answers to frequently asked disability-related questions and information about Council projects. It also includes links to disability-related Web sites, Council publications, back issues of On Target and more.
The site address is still www.in.gov/gpcpd.
Technology assists bowlers with visual disabilities
Technology developed in Indiana might make it possible for people who are blind to become more active bowlers.
The "Bowling for the Blind" device was created by four 2003 Rose-Hulman Institute of Technology graduates as a senior project.
The device, a strip of lights that straddles the bowling lane, uses light and sound to help bowlers aim their bowling balls. For example, on the first ball, the light/tone at the center of the strip directs a bowler to aim toward the center pin and a potential strike. On the second ball, lights/tones show bowlers the "target" pins to get a spare.
The lights and tones are activated by a remote control, which can be operated by a bowling partner or - at schools like the Indiana School for the Blind (ISB) - by a physical education instructor. ISB students and instructors will spend the next year testing the "Bowling for the Blind" device.
Because the device uses sound, it is an improvement over previous models that relied only on light and color. Those were effective only for people with visual impairments, not people who were blind.
Of Note
Database for employers features students with disabilities
The U.S. Department of Labor offers employers a database of college students with disabilities who are seeking internships or full-time positions. For a free copy, visit www.wrpjobs.org or call (888) 590-8808 ext. 3 (voice). College students who wish to be added to the database must contact their college career centers or disability student services offices.
Updated brochures available
A new Council brochure, "The Power of Words," is now available. This brochure, an updated version of the popular "Interacting with People with Disabilities" brochure, provides information on how words and phrases help to shape society's perceptions of people with disabilities and offers suggestions for everyday interaction. To order, contact the Council at (317) 232-7770 (voice), (317) 232-7771 (TT) or GPCPD@gpcpd.org (e-mail).
Disability Awareness Month is award-winning
The 2002 Disability Awareness Month campaign, "Together we can reach new heights," took home an EPIC (Excellent Performance in Communications) Award from the Indiana chapter of the International Association of Business Communicators. The award was based on the quality of the campaign's research, planning, implementation and evaluation.
Does your city deserve an award?
The National Organization on Disability (N.O.D.) is accepting applications for the third annual Accessible America competition. With a $25,000 prize, the contest recognizes communities that involve citizens with disabilities in community life. Entries must be signed by the city's chief elected official and postmarked no later than Oct. 31. To learn more, visit N.O.D.'s Web site, www.nod.org, or contact Nancy Starnes at (202) 293-5960 (voice) or cpp@nod.org (e-mail).
Count Us IN Countdown
The deadline to register for the Nov. 4 general election is Oct. 6.
Save the date!
The 2003 Conference for People with Disabilities will be held Dec. 2-3 at the downtown Indianapolis Westin hotel.
Indiana Governor’s Planning
Council for People with Disabilities
150 West Market Street, Suite 628
Indianapolis, Indiana 46204
(317) 232-7770 voice
(317) 232-7771 TT
E-mail: GPCPD@gpcpd.org
Web site: www.state.in.us/gpcpd
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