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Hoosiers advocate for help
People with disabilities want the
opportunity to work, without fearing
the loss of their Medicaid coverage. That opportunity may come if the Indiana legislature adopts the Medicaid Buy-In program, a provision of the Ticket to Work and Work Incentives Improvement Act (TWWIIA) of 1999.
With the Medicaid Buy-In program, individuals with disabilities who are already on Medicaid will pay premiums to Medicaid to keep their coverage while working. It has been referred to as the "health care for working people
with disabilities."
On Sept. 6, the Health Finance Commission held a legislative hearing to learn more about TWWIIA and how it would benefit Indiana. Advocates from the Indiana Medicaid Action Coalition (IMAC) talked about the need to eliminate the barriers people with disabilities face with employment. State Representative Peggy Welch, a member of the Commission, said she would like to introduce the Buy-In program into legislation.
"We have people who could really go out and contribute to society and pay taxes, but they're afraid," said Welch in the Sept. 6 Bloomington Herald-Times. "We're not saying to give people a free ride … but we're saying let's remove
the barriers."
A recent report on Indiana Mental Health Service Use (2000 Division of Mental Health Report) showed that once individuals were competitively employed, costs to Medicaid-funded services decreased over $300 per month on average. When people with
disabilities become employed, they
contribute to the economy as taxpayers.
Results from the IMAC survey entitled "Healthcare Barriers to Employment Survey," show that 67 percent of the respondents said the reason they were not working is because they fear their health insurance would be affected, where 35 percent indicated they turned down employment, job offers or
salary raises because they feared the loss
of their Medicaid.
The 2000 Louis Harris and Associates national survey of people with disabilities shows that more than 70 percent of individuals with
disabilities want to work, but face significant barriers. More than 91,500 Hoosiers with
disabilities receive assistance from Medicaid.
If the Buy-In program is implemented, Indiana will see a relatively low fiscal impact because the people who will take advantage of the program already receive Medicaid. Also,
individuals in the program will pay premiums to Medicaid while they are employed, and
the same individuals will be able to access private-sector health insurance, reducing Medicaid costs.
IMAC has developed several strategies to make the Medicaid Buy-In program a reality. The coalition has been gathering data and facts about the barriers people with disabilities face with employment, as well as working with several state legislators who have shown
interest in sponsoring legislation for the
Buy-In program. An active coalition group
is strategizing ways to educate constituents around the state.
More than 600 people and organizations, including the Council, have joined the Coalition's efforts and welcomes people with disabilities, advocates and professionals to join their efforts. To join, call (765) 674-7346 (voice) or lnewkirk@attain.org. For more information about TWWIIA, visit the Health Care Financing Administration at www.hcfa. gov/medicaid/twwiia/twwiiahp.htm.
Your assistance
is needed to close the gap
As the second decade of the Americans with Disability Act begins, the National Council
on Disability (NCD) needs your help. Your feedback is needed
for its strategic action plan called, "Closing the Gap:
A Ten Point Strategy for the
Next Decade of Disability
Civil Rights Enforcement."
Results from studies completed through the NCD show that federal enforcement of disability rights laws have been weak with no sign of a federal strategy for enforcement. NCD held two meetings to develop this 10-point strategy.
The 10 points include:
- Build bridges: equality
is everybody's business
- Know what to do and how
to do it: knowledge is power
- Elect a disability-friendly president and Congress to
fix what needs fixing
- Raise the money and the
bar on federal enforcement
- Publicly monitor agency accountability
- Win in court and win the courts over
- Uphold the spirit and intent
of the law in every settlement
- Stand up to negative press and win the media battle
- Acknowledge those who
deliver on the promise
Engage new leaders
with disabilities
For further information, visit www.ncd.gov/publications/
gap.html or call (202) 272-2004 (voice) or (202) 272-2074 (TT). Send comments to Kathleen Blank at NCD, 1331 F Street, N.W., Suite 1050, Washington D.C. 20004, kblank@ncd.gov
(e-mail) or (202) 272-2022 (fax).
Facts about the Ticket
to Work legislation
The Ticket to Work and Work Incentives Improvement Act was signed into law
on Dec. 17, 1999. The law:
- 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; and
- provides a tax credit to offset
work-related costs.
Two features of TWWIIA are the Ticket
to Work and Self-Sufficiency Program and
the Expanded Availability of Health Care Services. The Ticket to Work and Self-Sufficiency Program will begin Jan. 1, 2001, and will be rolled out nationwide over a
three-year period. The voluntary program
will give Social Security and SSI beneficiaries
a "ticket" or voucher that can be used to obtain vocational rehabilitation, employment or other support services.
The Expanded Availability of Health Care Services includes several Medicare and Medicaid enhancements effective Oct. 1, 2000. States will have the option to provide Medicaid to more people who are 16-64 years old with disabilities who work or permit
people with disabilities with incomes above 250 percent of the federal poverty level to buy into Medicaid. It will also create the Medicaid Buy-In demonstration program (see related story in this issue of On Target), and extends Part A premium-free Medicare coverage for four and one-half years beyond the current limit for those beneficiaries that return
to work.
Other features of TWWIIA are Expedited Reinstatement of Benefits; Continuing Disability Reviews; Work Incentives Advisory Panel; Work Incentives Outreach Program; Protection and Advocacy; and demonstration projects and studies.
For more information on TWWIIA, visit the
Health Care Financing Administration Web site
at www.hcfa.gov/medicaid/twwiia/faq.htm.
Garrett case tests ADA's constitutionality
On the heels of the 10th anniversary
of the Americans with Disabilities Act (ADA), the United States Supreme Court will rule in October if "Title I and II of the Americans with Disabilities Act of 1990 …
are proper exercises of Congress' power under Section 5 of the Fourteenth Amendment." This decision, depending on the scope of the
ruling, will determine whether the ADA can
be enforced against the states regarding state employees and state programs and services.
The case before the U.S. Supreme Court involves Patricia Garrett who sued the state
of Alabama after allegedly encountering on-the-job bias after being treated for breast cancer in 1994. Garrett had worked for the University of Alabama for 17 years when she was diagnosed. In her lawsuit, Garrett said that her supervisor made negative comments about her illness and told her she would be permanently replaced if she took a leave of absence. After Garrett took four months of unpaid leave, she was demoted to a job with a lower salary.
Title I prohibits both public and private employer discrimination, and Title II outlaws disabilities-based discrimination against
anyone by governmental entities. The ADA requires states to provide equal access to
people with disabilities in employment
opportunities, services and programs.
If the Court rules the ADA is unconstitutional as applied to the states, it will be legal for states to discriminate against their own employees and residents. Also, Congress will be unable to overturn this decision because they will not have the constitutional power
to pass disability-rights laws that apply to
the states.
If you are interested in reviewing the Justice Department's brief that is available in alternative formats, contact its ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TT). For additional briefs and other information, visit the National Protection and Advocacy Web site at www.protectionandadvocacy.com.
Support services now linked statewide
A new powerhouse has landed on
the Internet, and this one promises
to be valuable to people with disabilities
and their families.
TheArcLink Incorporated Web site (www.thearclink.org), a joint venture of
The Arc of the United States, The Arc of Indiana and Stone Belt Arc in Bloomington, Ind., is the first site of its kind that pledges to become a nationwide resource for people with disabilities to find supportive services in their areas. The Internet-based database will have more than 2,500 providers listed and categorized by
service. Providers who opt to pay for it can have their history and references from
consumers listed as well.
"We are about to embark on a new era where people with disabilities and their families will have the tools to help them make independent, informed decisions," said Elbert Johns, executive director of Stone Belt, who took a 12-month special assignment to focus on TheArcLink. "This ability to access objective information
is both power and freedom. People who use TheArcLink will very quickly learn who
provides services and supports in their
neighborhood and the quality of those services."
Johns continued, "From their own home
they can shop and chat with people who are currently receiving supports from the provider. Armed with data, facts and opinions, people who use TheArcLink will have the tools to identify the services or supports that best meet their own needs and the criteria for which to demand their chosen preferences.
It's about time."
At this point, Indiana is the only state with information in the datebase of services. The goal of TheArcLink is to have each state online by the end of 2001, with 13 states to sign on soon. The site, which is Bobby-approved and fully accessible, was supported by a grant from Ameritech SBC.
Menus on TheArcLink include:
- Know the System - Users get an overview
of how the service system works in each
participating state.
- The News - Gives users different information every day on issues about disability, quality,
best practices, community challenges, policy
mandates, legislation, prevention and
important research.
- Share Information - Connects users with
people who are solving the same problems they face every day. Users can ask for advice about specific services, learn about new developments in treatments and therapies, or share viewpoints on issues that have a direct impact on their well-being.
- Glossary - Gives complete, easy-to-understand explanations for terms and acronyms.
- My Needs - Gives a better picture of the user's unique situation and the services that will give users what they want. Tells which
services are available close to home, based on the user's preferences.
- Providers - Locates service providers based
on location, the type of service or the provider's name.
- Resources - Lists more informal services
(dentists, barbers, summer programs for kids, etc.) by community.
- Links - Provides a list of links for a variety
of organizations related to support for
people with disabilities.
Of Note
New Barbie bridges the gap
After a half-century of production and dozens of looks and careers, Barbie is reaching out
to children with hearing disabilities. Sign Language Barbie, a teacher of people with hearing disabilities, comes with a chalkboard and a card of American Sign Language
instructions. Her hands say, "I love you." Because young girls like to use secret codes, Mattel executives say Sign Language Barbie should act as a bridge between children with hearing disabilities and hearing children. The doll is available only at Toys 'R' Us for $19.99.
Save the date
The 2000 Indiana Conference for People with Disabilities is set for Tuesday and Wednesday, Dec. 12 and 13. The annual conference will
be held at Indianapolis' Downtown Westin. Featured speakers at this year's conference include Julian Bond, chairman of the NAACP and veteran civil rights activist; Becky Ogle, executive director of the Presidential Task Force on the Employment of Adults with Disabilities and disability rights activist; and John Hockenberry, Dateline NBC correspondent. Watch for more conference information in the October issue of On Target.
Planning for the future
workshop
Parents are invited to attend a planning
workshop called "What will happen to my child with a disability when I am no longer there?" The workshop is Oct. 27 from
9:30 a.m. to 4 p.m. in the Fort Sackville Room on the Vincennes University campus. Participants will learn about guardianship options, financial planning and special needs trusts. For more information, contact ATTIC at (812) 886-0575 (voice), (800) 962-8842 (voice) or INATTIC1@aol.com (e-mail).
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