On Target

 Informing Indiana About Disability Issues

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

Next steps

“We can be proud of getting Medicaid buy-in signed into law by Governor O’Bannon because it is a major accomplishment, but this is just the first of many steps,” explained Vaughn. “Advocates have to come together to help FSSA to implement the program.”

Medicaid buy-in will be in full affect in 2002, providing just enough time to iron out the details and make sure it’s beneficial for people with disabilities, explained Vaughn.

Vaughn said IMAC will stay together for the implementation of the buy-in program, and she encourages advocates to participate in an advisory capacity to shape and mold what they want and need out of the program.

For more information about participating in this process or joining IMAC, contact Vaughn at mskvaughn@aol.com (e-mail) or Becky Banks at bebanks@indiana.edu (e-mail).

New Medicaid buy-in equals win-win

“I felt like $1,500 was sufficient, but it was not enough for me to make it on my own,” explained Kruse, a Partner in Policymaking and a college student majoring in political science and Spanish.

Kruse and other Hoosiers with disabilities can breathe a little easier now that HB 1950 – a Medicaid buy-in program for people with disabilities who want to work – was signed into law May 11 by Governor Frank O’Bannon. This bill changes the current Indiana Medicaid laws so employed people with disabilities are no longer forced to choose between health care and employment. Medicaid buy-in creates a Medicaid work incentive program for people with disabilities as authorized by federal law. The buy-in program is for those already using Medicaid.

Kruse feels Medicaid buy-in creates a win-win situation for people with disabilities and employers.

“Employment for people with disabilities means the chance to become an even greater contributor to Indiana and the ultimate goal of total community inclusion,” explained Kruse. “For employers, the floodgates are opening with more choice in who they select as their next employee. Many don’t realize that there are a lot of college-educated people who have disabilities but haven’t been able to use their knowledge because of fear of losing their benefits.”

The federal law, Ticket to Work and Work Incentives Improvement Act (TWWIIA) of 1999, increases the choice of the beneficiary in obtaining rehabilitation and vocational services; removes barriers that stand in the way of people with disabilities seeking work and maintaining health coverage (Medicaid buy-in); and provides a tax credit to offset work-related costs.

Plans for the future for Kruse include running for Lawrence Township (Indianapolis) Trustee in 2002, finishing his college degree in 2004, and restarting his graphic design business.

“I’m so excited and relieved for the chance to sell myself again and to spread my wings for my future,” said Kruse.

Governor moves state budget forward

The budget, which appropriates state money for the biennium (July 1, 2001 to June 30, 2003), includes more than $50 million in new funding for community care for people with mental disabilities, $12 million for the CHOICE home health care program, $10 million to treat adults with serious mental disabilities, and $23 million for a regional health care construction account to build developmental centers and state psychiatric hospitals.

Besides the above portion of the spending plan, the state wants Medicaid officials to find more savings in Medicaid spending. If nothing is done, Medicaid spending is expected to increase from $3.5 billion to $4.1 billion by 2003.

Some identified short- and long-term cost- cutting measures include the amount officials are willing to pay for prescription drugs and the institution of managed care for certain populations.

For detailed information on HB 1001, go to www.ai.org/serv/lsa_billinfo and insert 1001 into the “Go to Bill” section.

Be a Partner in Policymaking

If you are committed to advocating for people with disabilities, the Partners in Policymaking (PIP) program is for you. The Council and United Cerebral Palsy are actively recruiting people with disabilities and their family members to participate in its intensive training program this fall.

The training will empower participants to become active partners and effective advocates with policymakers. PIP will educate participants about general disability issues and legislative procedures, as well as train them on how to advocate for change in public policy and disability services.

Thirty-five Partners attend two-day training sessions eight times a year and are required to complete assignments between sessions. Partners are also expected to commit to at least one major disability-related project within their hometown after graduation. The training program – an estimated $5,000 value – is free.

The Council seeks applications from people who are committed to the values of integration/ inclusion, and who believe that all people with disabilities should be respected, contributing community members. Applications should be submitted by Aug. 17.

For more information or an application, contact Gail Rubisch-Hawkey, project director, toll-free at (800) 723-7620. The application is available online at www.state.in.us/gpcpd by clicking on the Partners in Policymaking icon.

High Court making people with disabilities nervous

Recall the recent Garrett case. As On Target reported in March, in a 5-4 decision, the Supreme Court ruled that under Title I of the Americans with Disabilities Act (ADA), state employees cannot sue a state for monetary damages for employment discrimination based on disability. Some think this decision will open the floodgates for future cases that would whittle away the effectiveness of the 1990 law signed by former President George Bush. Those floodgates may be opening...

An article in the April 25 New York Times outlines a ruling from the Supreme Court limiting the power of the Civil Rights Act of 1964 – a law that was the “conceptual basis for the ADA” as stated by Fred Fay in the Justice For All e-mail newsletter. As Fay pointed out, the case has striking similarities to the Garrett case, “including being decided by the same five justices (Rehnquist, Scalia, Thomas, O’Connor and Kennedy) with vigorous dissent from the minority (Stevens, Breyer, Ginsburg and Souter).” Fay continued, “Both cases concerned the State of Alabama, and in both cases the Supreme Court ruled against private right of action to sue for discrimination.”

In making this decision, the Court reversed 35 years of precedents. This case revolved around an alleged act of discrimination in a license bureau whereby the bureau only offered a driver’s license test in English. The plaintiff in the case argued that this policy created a discrimination against other nationalities. However, the court decided that suits can only be brought under Title VI of the Civil Rights Act of 1964 for intentional discrimination by programs that receive federal funds, not by discrimination created by policies of those programs.

A second move by the Court will result in close monitoring by people with disabilities. The Court decided to hear US Airways v. Barnett, 00-1250, which debates the amount companies should accommodate employees with disabilities. According to a report by Bloomberg News, the airline didn’t do enough to accommodate a former baggage handler, Robert Barnett, who injured his back on the job. He was moved temporarily to the mailroom, but lost his job when others with seniority applied for the available positions. Barnett asked for the seniority policy to be waived in this instance, or that the company make accommodations to resume his prior job, but the airline refused.

Barnett’s lawsuit argues that the company did not accommodate his needs as required by the ADA. US Airways challenges that if it made the exception, it would have created a different discrimination – one against its employees without disabilities.

Successful session for people with disabilities

• SB 63 Interference with medical services, otherwise known as Steve Arnold’s bill – This law makes it a Class D felony if a health care worker intentionally interrupts or alters the administration of prescription drugs ordered by a physician and results in injury; a Class C felony if committed by a health care worker or licensed medical service provider; a Class B felony if it results in serious injury; or a Class A felony if it results in death. Steve Arnold was the inspiration for this bill after his home care worker stole his prescription drugs.
• SB 215 Health Issues – A Governor’s Commission on Caregivers will be established to study long-term care. An amendment expanded the Consumer Directed Attendant Care program to include people receiving certain Medicaid waiver services, as well as CHOICE participants.
• HB 1100 Internet coverage of the General Assembly – This law provides audio coverage over the Internet of sessions of the General Assembly and other legislative activities. The legislature decided video coverage was too expensive.
• HB 1122 Insurance coverage for autism – Asperger’s Syndrome and autism are defined as neurological conditions and, as such, are covered under group insurance for state employees, group health insurance and group health maintenance organization contracts.
• HB 1926 Access to information technology – Requires the Data Processing Oversight Commission adopt standards to bring the state into compliance with federal regulations under section 508 of the Rehabilitation Act. Section 508 requires government information technology, including Web sites, be accessible to people with disabilities who are state employees and members of the general public.

Olmstead planning continues

“We (FSSA) think Olmstead is a very positive step to changing services for people with disabilities in Indiana,” explained Peter Sybinsky, deputy secretary of FSSA. “The public meetings were very positive with a lot of enthusiasm. People really invested time to craft their testimony to help us with the plan.”

This initiative stems from an executive order from Governor Frank O’Bannon in response to the 1999 Supreme Court Case, Olmstead v. L.C. and E.W. The Olmstead case ruled that keeping people in an institutional, publicly funded setting when they could benefit from community living was segregation, violating the Americans with Disabilities Act.

The order requires input from various audiences, including consumers, family members, advocates and providers. Over 800 people attended 12 public meetings held around the state in April to gather public comment on the Olmstead plan. FSSA is currently responding to those comments from the public, as well as those from the sub-committees who reviewed public comments. Some of the recommendations will be incorporated into the plan.

To review Indiana’s working plan in response to the Olmstead decision, as well as the transcripts from the public meetings, visit FSSA’s site at www.state.in.us/fssa/servicedisabl/olmstead/plan.html.

Students exemplify a winning attitude

The first and second place winners were:
• Grades 3-4 1st: Rachel Faulkner, Journey Christian School, Bloomington 2nd: Caitlin Elise Spear, Hebron Elementary School, Evansville
• Grades 5-6 1st: Jake Besser, Wes-Del Middle School, Gaston 2nd: Kellie McDonald, Upland Elementary School, Upland
• Grades 7-8 1st: Kristen Beuligmann, North Posey Junior High School, Poseyville 2nd: Paul Crea, Christ the King School, Indianapolis