On Target

Informing Indiana About Disability Issues

July 2004 | Volume 17 Number 6 | Governor's Planning Council for People with Disabilities

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

Supreme Court ruling supports disability access

In a 5-4 decision on May 17, the Supreme Court upheld the Americans with Disabilities Act in the case of State of Tennessee v. Lane and Jones.

In its ruling, the Court affirmed that people with disabilities can seek monetary damages in federal court when state judicial services and facilities are not accessible to them. The Constitution grants immunity to states from such lawsuits unless Congress can show a compelling need to override that immunity.

"The long history of unequal treatment of [people with disabilities] in the administration of judicial services has persisted despite several state and federal legislative efforts to remedy the problem," wrote Justice Stevens, delivering the opinion of the Court. "Faced with considerable evidence of the shortcomings of these previous efforts, Congress was justified in concluding that the difficult and intractable problem of disability discrimination warranted [Title II of the ADA]."

The case was based on the complaints of people with disabilities who found Tennessee's courthouses to be inaccessible. In one instance, George Lane, who uses a wheelchair, had to drag himself up two flights of stairs to attend a legal hearing in an inaccessible courthouse. When he refused to do the same for a second hearing, he was arrested for failure to appear.

Tennessee agreed that its courthouses were inaccessible. However, the state's attorneys argued that Lane had no right to sue the state for damages and that Congress lacked the authority to pass the ADA's Title II, the section guaranteeing access to government facilities and services.

Disability advocates argued that, without the ability to seek monetary damages, people with disabilities - many of whom are unemployed - would have no incentive or even ability to challenge states over inaccessible government facilities and services.

Advocates were concerned about the potential outcome of the case because the issues were similar to those addressed in the recent Alabama v. Garrett case, in which the Supreme Court ruled that states are immune to ADA-related lawsuits brought by employees with disabilities. A series of other disability-related cases have also narrowed the interpretation of the civil rights law in recent years. The ruling in Tennessee v. Lane marks the first significant judicial victory for people with disabilities since 1999's Olmstead ruling, which directed states to provide long-term care for people with disabilities in community-based settings whenever possible.

The Tennessee v. Lane ruling was not, however, a perfect victory, because the Court limited its decision to the accessibility of judicial services. Title II covers a much broader swath of government facilities and services, which the Court did not address.

Justices Stevens, O'Connor, Souter, Ginsburg and Breyer formed the majority in the Court's decision. Justices Rehnquist, Kennedy, Thomas and Scalia dissented. To read the text of the decision, visit www.supremecourtus.gov and click on "Opinions."

Celebrate ADA anniversary!

July 26 marks the 14th anniversary of the Americans with Disabilities Act, the landmark disability rights legislation that guarantees people with disabilities access to employment, government programs and services, and public accommodations.

Mini-Marathon winners include people with disabilities

Eleven men and women who use wheelchairs were among the more than 30,000 people who participated in this May's Mini-Marathon in Indianapolis.

In the women's wheelchair division, the winner was Holly Koester, of Cleveland, Ohio, with a time of 1:25:13. In the men's wheelchair division, the winner was Chad Johnson, of Corydon, Ind., with a time of 53:10.

Last year's winner in the men's division, Butch Martin, holds the record at 47:37. Visit www.onlineraceresults.com/index.mini.php to view all results.

Medicare recipients can select drug discount cards

Rising prescription drug costs are an issue of concern nationwide, especially for people with disabilities. In response to that issue, Medicare recipients who do not receive drug coverage through Medicaid can now apply for temporary prescription drug coverage from a number of private insurers.

The discount card programs, which are sponsored by private insurers and pharmacies, generally offer 10 percent to 25 percent discounts on prescriptions.

Choosing the right card can be a challenging process, however. Indiana residents are able to choose from among 18 cards, which offer different discounts on different drugs and charge different fees. (The maximum fee allowed by law is $30.)

To complicate matters, once per week providers can change the discount levels on the drugs they offer. However, members cannot switch to different cards as prices change. In fact, members will have the option to switch only once, in December of this year.

Those who earn less than 135 percent of the federal poverty level are exempt from any fees associated with the cards. In addition, they are eligible to receive a $600 credit in both 2004 and 2005 to use toward drug costs.

The discount cards are one component of the Medicare Prescription Drug, Improvement and Modernization Act of 2003. The current program expires when the full Medicare prescription drug coverage program begins in January 2006.

Call (800) 633-4227 (voice) or (877) 486-2048 (TT) or visit www.medicare.gov to compare the cards available in Indiana. You will be asked to provide the names, dosages and costs of all prescription drugs you take, as well as your monthly income.

Avoiding fake Medicare cards

Medicare scams are already a major concern for those seeking Medicare-approved drug discount cards. To ensure the card you choose is legitimate, consider the following tips:

All approved cards carry a "Medicare-approved" symbol.
Never purchase a drug discount card from a telemarketer or door-to-door sales representative, no matter how good the discounts. It is illegal for companies to sell Medicare products using these methods.
If you have any questions or concerns about the legitimacy of a drug discount card, visit www.medicare.gov or call (800) 633-4227 (voice) or (877) 486-2048 (TT).

Counties to form local advisory councils

By Julia Vaughn, Count Us IN project director

The Council's Count Us IN project has completed polling place accessibility surveys in 49 counties as part of the implementation of the Help America Vote Act (HAVA). Survey results are being compiled and will be returned to counties soon.

The next step for counties is to create local advisory councils composed of county government officials, people with disabilities and elderly voters.

Council members, who will be appointed by county commissioners, will review survey results and propose solutions to accessibility problems. Councils can also recommend that polling places be moved to more accessible locations.

Participation in local advisory councils is an excellent way for people with disabilities to share their experience and expertise. If you are interested in serving on your local advisory council, contact your county commissioners' office. For more information about HAVA, contact Count Us IN at (317) 234-2226 (voice) or countusin@gpcpd.org (e-mail).

Special education, tech bills move through Congress

Despite election-year political squabbling, Congress has moved forward several disability-related bills, including several dealing with special education and assistive technology.

Senate passes IDEA

By a vote of 95-3, the Senate in early May approved S. 1248, its version of the Individuals with Disabilities Education Act (IDEA) reauthorization legislation. During the two-day discussion, senators approved amendments addressing such issues as attorneys' fees, homeless and foster care children, increased funding, and paperwork reduction. An amendment to increase the federal funding level to 40 percent, as promised in the original legislation, failed by four votes.

The next step is a House-Senate conference committee to resolve significant differences between S. 1248 and the House's IDEA reauthorization bill, H.R. 1350. Disability advocates greatly prefer the Senate version, although they have concerns about both bills.

Assistive Technology Act moves forward

In mid-May, the House Committee on Education and the Workforce passed the Improving Access to Assistive Technology for Individuals with Disabilities Act of 2004. Although the bill is significantly improved from earlier versions, advocates are concerned because it shifts the focus from providing direct services to providing financing, such as loans and interest buy-down programs, for the purpose of purchasing or renting assistive technology. The bill also makes demonstration centers and device recycling services discretionary.

The bill will now go to the full House for a vote. The Senate Health, Education, Labor and Pensions Committee is expected to introduce its own version of the bill this summer.

Visit thomas.loc.gov to follow the progress of these and other disability-related bills.

Disability rates rise among younger Americans

The rate of disability is on the rise among younger people, according to the Journal of Health Affairs. A recent article showed that people ages 30 to 49 are increasingly likely to report having a disability.

The number of people with disabilities ages 30 to 49 jumped 50 percent from 1984 to 2000, according to an analysis of the national data by the Los Angeles Times. In contrast, the number of people ages 60 to 69 with disabilities declined by more than 10 percent in the same time period.

According to the Journal of Health Affairs, rising obesity rates are fueling the disability trend. In Indiana, for example, 24.5 percent of the population is considered to be obese. If unchecked, obesity can lead to diabetes, disabilities related to orthopedic conditions, and other medical problems.

Another factor contributing to the rise of disability among younger populations is technological advances, which allow people who might otherwise have died of injuries or illnesses to live with disabilities.

By the numbers: Public health in Indiana

Based on a number of measures, Indiana's public health falls below the national average. The following rankings go from one (best) to 50 (worst). Indiana ranks:

44th in the rate of obesity.
39th in the rate of total mortality.
46th in the prevalence of smoking.
42nd in the risk for heart disease.
47th in the number of cancer deaths.

Source: United Health Foundation Report, 2003.

Forum explores arts careers for people with disabilities

At the upcoming "Indiana Art Works: Employing Creativity" forum, attendees will explore opportunities for - and barriers to - careers in the arts for Hoosiers with disabilities.

The forum will be held Oct. 5-6 in Indianapolis and will be tailored for people with disabilities, representatives from arts organizations, educators, administrators, vocational and career counselors, and job developers.

The event, sponsored by VSA arts of Indiana, the Indiana Institute on Disability and Community and the Indiana Arts Commission, is made possible by a grant from the National Endowment for the Arts, the U.S. Department of Health and Human Services, the U.S. Department of Education, and the Social Security Administration. For more information, contact Lora Olive at (317) 251-9754 (voice) or olive@iquest.net (e-mail).

Of Note

Parents, professionals can apply for fellowships
The Joseph P. Kennedy Jr. Foundation is accepting applications for two of its fellowship programs. The one-year Parent Public Policy Fellowship Program is for family members of children with intellectual and developmental disabilities. Candidates should have solid policy experience in state level advocacy, education, community supports and services, or similar areas. The Professional Public Policy Fellowship Program is a one-year fellowship for mid-career professionals in the field of intellectual and developmental disabilities. For details, visit www.jpkf.org or call (301) 565-5476 (voice). The application deadline is Sept. 1.

License plate supports Mental Health Association
Support the Mental Health Association in Indiana and its local chapters by purchasing a "Ring Out Hope" license plate. Visit www.mentalhealthassociation.com/entrance.htm or call (317) 638-3501 (voice) for the application.

Save the date:

Arc of Indiana conference
The Arc of Indiana's 2004 appreciation dinner, convention and annual meeting will be held Oct. 13-14 at the Ramada Inn and Conference Center in Lebanon, Ind. For more information or to register, call (317) 977-2375 (voice) or (800) 382-9100 (voice).

Save the date!
The 2004 Conference for People with Disabilities will be held Nov. 8-9.

Register now!
The voter registration deadline for the Nov. 2 election is Oct. 4.