VOLUME 6, ISSUE 3 • SUMMER 2004 AAPD News IN THIS ISSUE AAPD Justice for All Awards Medicare-Approved Drug Discount Card Disability-Related Stats AAPD recognizes and thanks IBM for sponsoring this issue of AAPDNews. Presidential Candidates Bush and Kerry Weigh in with AAPD: Where Do They Stand on Disability Issues? Read their Answers to AAPD's Eight Important Questions What are your top three accomplishments on behalf of people with disabilities in your career to date as an elected official? My New Freedom Initiative builds on the Americans with Disabilities Act (ADA) to enhance opportunities for the 54 million Americans with disabilities. Many specific programs in the New Freedom Initiative benefit Americans with disabilities, including three that I believe are particularly noteworthy: the transportation, community life, and health care provisions. I have proposed $884 million over six years to remove transportation barriers still faced by individuals with disabilities. Further, my Administration has completed the regulation process for installing platform lifts on public transportation and worked with the States to sponsor "United We Ride," a five-part initiative to help States and communities coordinate human service transportation for older Americans, and people with disabilities. To enhance community life for people with disabilities, I issued an Executive Order calling for swift implementation of the Supreme Court's Olmstead decision to expand community-based services and community living choices for individuals with disabilities regardless of age. Ten agencies submitted the first report on agency efforts to meet the order, identifying barriers to full community integration that exist in Federal programs and proposing more than 400 solutions for removing these barriers. The report sets forth a summary of the actions that Federal agencies propose to take in several key areas such as health care structure and financing, employment, housing, education, and personal assistance services. As a result, the Department of Health and Human Services has awarded nearly $158 million for the "Real Choice Systems Change Grants for Community Living" – a program that will help states and territories enable people with disabilities to reside in their homes if they wish. My budget proposes an increase of $2.2 billion over the next five years for the Department of Health and Human Services to fund demonstration projects that promote community-based services for people with disabilities. The Help America Vote Act includes $10 million to improve access to voting for people with disabilities and $5 million for protection and advocacy programs on behalf of people with disabilities. The Department of Housing and Urban Development has funded grants to enable older individuals and individuals with disabilities to remain in their homes. Of course, access to high-quality health care is vital to people with disabilities, and I have taken action to make health care more accessible and affordable. I have allocated $1.75 billion for a five-year initiative that would fund Medicaid services for individuals transitioning from institutions to the community. And I proposed strengthening Medicaid by allowing spouses of individuals with disabilities who return to work to keep their Medicaid coverage. I have allocated $102 million through fiscal year 2009 for this project. My New Freedom Initiative represents a clear and ongoing commitment to ensure that Americans with disabilities have every opportunity to enjoy all the opportunities our Nation has to offer. A caring and compassionate society can offer no less. (Kerry) One of the things that I am most proud of is having co-sponsored the Americans with Disabilities Act (ADA), the most comprehensive nondiscrimination legislation enacted since the Civil Rights Act of 1964. In 1987, I drafted the Technology to Educate Children with Handicaps (TECH) Act, which created assistive device centers across the country to ensure all children with special needs have access to the assistive devices necessary to get an education. These centers train specialists, teachers, and therapists to identify students who could benefit from such technologies. These centers also inform parents, educators and therapists on how to support and incorporate these devices into children's educational experiences. I fought hard to enact this legislation so that children with disabilities could gain independence in the classroom and throughout their lives. The goals of my legislative proposal were later incorporated into the Technology Related Assistance for Individuals with Disabilities Act of 1988. I have had a long-time commitment to protecting the rights of individuals disabled by mental illness. I was an original co-sponsor of the landmark Mental Health Parity Act passed by Congress in 1996, which requires parity for annual and lifetime dollar limit coverage for mental health treatment. While its enactment marked an important step in the fight for providing greater mental health treatment benefits, it is time now to take another step toward the goal of mental health parity. Consequently, I strongly support the Senator Paul Wellstone Mental Health Equitable Treatment Act of 2003. This legislation will provide for equal coverage of mental health benefits with respect to health insurance coverage unless comparable limitations are imposed on medical and surgical benefits. In my work on the Small Business Committee, I was involved in achieving the landmark goal of assuring that veterans with disabilities have an opportunity to receive a three percent share of federal contracts. With federal contracts today worth $250 billion, small businesses owned by veterans with disabilities have access to $7.5 billion in business opportunities. If you are elected/re-elected, what will be your top three priorities during your first 100 days in office to improve the quality of life for people with disabilities living in the U.S.? (Bush) I will continue to pursue the policies I proposed in the New Freedom Initiative – the most comprehensive proposal since the ADA that is focused on removing barriers faced by people with disabilities – and I will remain open to new ideas to assist people with disabilities as technologies develop or new needs arise. (Kerry) I will appoint a national bipartisan Community First Commission made up of distinguished Americans, including people with disabilities who will identify short and long-term policy reforms that could and should be pursued to: The U.S. Census Bureau recently released its 2002 Survey of Income and Program Participation (SIPP) for persons with disabilities. Among its findings for adults are: • nearly 23 million persons had "difficulty standing or being on their feet for an hour;" • nearly 21 million persons had "difficulty walking up a flight of ten or more stairs;" • nine million persons "needed help going outside to shop or going to the doctor's office;" and • nearly four million persons "needed help walking inside the home." • Guarantee that all Americans with disabilities who can live in their community with affordable supports have equal opportunity to do so regardless of age, disability, state of residence, employment status, or necessary form of assistance. • Create a greater federal role in equitably financing and enhancing the quality and appropriateness of long-term services. • Eliminate the institutional bias in Medicaid and Medicare that robs millions of Americans of their most basic freedoms, dignity, and daily independence. I will work with the Community First Commission to determine how we can move MiCASSA forward. And I will work with states to fully implement the Olmstead Decision, as well as push Congress to finally pass the Family Opportunity Act. I will fight to pass full mental health parity legislation I will utilize the skills and wisdom of the disability community in shaping policy and programs that will benefit the entire country, and I will seek out qualified people with disabilities to serve throughout my administration. I will reinstate the executive order by President Bill Clinton to hire 100,000 qualified individuals with disabilities as federal employees over five years. I will crack down on employment discrimination and nominate an Attorney General for the U.S. Department of Justice and a Chair to the EEOC who will make enforcement of the ADA a top priority. I am committed to fully funding IDEA and working for strong enforcement and real compliance with the law. And to expand access to higher education, I will improve transitional planning, promote access and awareness in disability services, provide work-study alternatives, and collect data on students with disabilities to provide a true scientific understanding of the realities on the ground. What ideas do you have for bringing our four largest federal programs – Medicaid, Medicare, Supplemental Security Income (SSI), and Social Security Disability Insurance (SSDI) – in line with the goals of the Americans with Disabilities Act (ADA) (equality of opportunity, full participation, independent living, and economic self-sufficiency)? (Bush) The ADA is an excellent start in affording everyone an equal chance at success, but more must be done. My commitment to the 20 percent of Americans with disabilities is demonstrated in my New Freedom Initiative. I secured funding for a number of projects aimed at removing disincentives to work that currently exist in the Social Security and SSI disability benefit system. And in June 2001, I signed an Executive Order to create "Community-Based Alternatives for Individuals with Disabilities," directing agencies to require States to place qualified individuals with mental disabilities in community settings, rather than in institutions. The "Ticket to Work" law extends Medicare coverage for SSDI beneficiaries so employees can return to work without the fear of losing health benefits. It also expands Medicaid eligibility categories for certain working people with severe disabilities so that they can continue to receive benefits after their income or condition improves. I also created the President's New Freedom Commission on Mental Health, which is responsible for conducting a comprehensive study of the Nation's mental health service delivery system. The Commission recommended improvements to enable adults with serious mental illness and children with serious emotional disturbances to live, work, learn, and participate fully in their communities. My Administration is working to address the improvements recommended in the report. (Kerry) We must strengthen and protect Medicaid. I am firmly opposed to the Bush administration's proposal to turn Medicaid into a block grant program. By investing in Medicaid, we can improve the health and independence of more than 10 million children, adults, and older Americans with disabilities throughout our country. No one should be forced to be in a nursing home or have their most basic needs go unmet because they live in a state that chooses not to offer necessary community living services. That is why I believe that we need to relieve pressures on state budgets; I have proposed spending $25 billion to help states struggling to bridge their deficits. I believe that we must pass the Family Opportunity Act. Currently, low-income families with severely disabled children receive federal disability benefits under SSI. However, if parents seek a better job or earn higher wages, their disabled children lose Medicaid coverage, which is essential to providing comprehensive coverage for children who require complex and often costly care. No parent should have to turn down a job or give up custody of a child to ensure that he or she gets health care. We need to fully implement the Olmstead decision. States must be given increased resources and tools to carry out the Olmstead decision and must be held accountable for doing so. I will work with the Community First Commission to determine how we can best implement MiCASSA and the Money Follows the Person Act. I will work toward eliminating the two-year waiting period to become eligible for Medicare. And, I will direct HHS to fund a series of demonstrations aimed at identifying cost effective ways that best promote the health, independence and productivity of people with disabilities and to promote better health care. I will also work to provide real prescription drug relief through the Medicare program. My health care plan will lower prescription drug costs, and ensure that seniors and people with disabilities on Medicare can choose their doctors instead of forcing them to join an HMO. Another important program to millions of Americans with disabilities is the Ticket to Work and Work Incentives Improvement Act (TWWIIA). TWWIIA seeks to guarantee continued access to vital Medicare and Medicaid coverage to enable individuals with significant disabilities to become competitively employed under certain conditions. As a result of this law, about half of the states today allow employed individuals with disabilities to buy into Medicaid if their incomes and assets do not exceed certain limits and meet other criteria set by each state. These Medicaid buy-in programs vary widely from one state to another, however, both in regard to the eligibility requirements they set and the benefits and services they make available. Moreover, if the current economic downturn continues, states that currently have these plans in place may have to cut back or eliminate them all together. In addition, few other states will be in a position to create new buy-in programs. The federal government must play a far greater role in ensuring that workers with disabilities have the insurance coverage they need to be as independent and productive as possible. Regardless of where these individuals live or how much they are able to earn, they should be able to buy in to a uniform, national set of benefits designed to do just this. To help achieve these ends, the Medicare program should provide for enhanced coverage for employed individuals with disabilities. What do you see as the most appropriate role for the federal government to play in the lives of people with disabilities and their families and what is your reaction to recent trends limiting the federal role in disability policy? (Bush) I believe that the Federal government should not only provide an outstanding example of equality and fairness in its own employment policies, but should facilitate efforts that will help to establish an environment of opportunity that gives every American a chance to succeed and thrive. It is the government's duty to enforce the laws that protect the rights of Americans with disabilities and to invest in the projects that will further expand their opportunities. In keeping with this philosophy, the Justice Department is aggressively enforcing the ADA, which has been critical in tearing down the barriers once faced by Americans with disabilities. There is still more we can do, and my New Freedom Initiative is building on this progress. The swift implementation of the Olmstead decision is resulting in expanded community-based services and better assistive technologies for more Americans with disabilities. We are supporting these efforts with funding that will enable more individuals with disabilities to access new technologies, own their own homes, and fully participate in their communities. And by providing funding through grant funds and demonstrations, we are equipping States and localities – which are better able to address the needs of their communities – with the resources to provide the programs that will benefit their specific populations. (Kerry) The federal government has a strong obligation and role to play in ensuring that Americans with disabilities have the same chance to succeed in life as all other citizens. The federal government must help provide high quality, accessible, and affordable health care and community living services to people with disabilities. My Administration will modernize Medicaid and Medicare and work with states to implement home and community based services. We will also play a role in enforcing civil rights laws for people with disabilities. And I will ensure that the Offices of Civil Rights at the Department of Education and the Department of Health and Human Services provide people with disabilities the protections they deserve. We need to have a more focused effort on recruiting and employing people with disabilities in America. One place we can start is with a targeted effort in the federal government. I will promote increasing the goal for small business contracting and ensuring that business owners with disabilities have equal status to other minority business owners. The federal government must meet its obligation to provide a high quality education to all children with disabilities by fully funding IDEA. But funding must be accompanied by effective enforcement. The federal government can also improve the lives of people with disabilities in the areas of transportation and technology. Many of the technological advances made through the work of the Defense Department and NASA are transferable to people with disabilities, and could enhance their capacity to work. The federal government should also use its considerable economic power to encourage and lead private enterprise in building a more accessible society through technology. What concrete steps will you take to ensure your administration and your appointments to the federal bench and other entities include a representative group of qualified people with disabilities? (Bush) I have worked to appoint qualified individuals of minority populations to the Federal bench and I will continue to appoint the most capable people of all backgrounds and abilities to top positions within my Administration. I believe that the best way to ensure that qualified people with disabilities receive Federal appointments is to ensure that individuals with disabilities have the opportunity to compete on a level playing field and fully demonstrate their abilities, without the fear of being discriminated against or overlooked. My Administration will continue to fight to ensure that all opportunities remain open to persons with disabilities by vigorously enforcing the ADA, aggressively resolving disability-related complaints, and continuing to implement my New Freedom Initiative. (Kerry) People with disabilities will always have a seat front and center in my administration. When I am president, Americans with disabilities will play active roles not only in policy-making which impacts the disability community, but also in other areas of domestic policy. I will seek out the best and brightest to serve in multiple capacities throughout the government, including in the White House and on my Community First Commission. Also, I will reinstate the Executive Order by President Clinton to hire 100,000 qualified individuals with disabilities as federal employees over five years. And in a Kerry administration, the Office of Federal Contracts and Compliance Programs at the Department of Labor will be held accountable in ensuring that federal contractors are not just reaching out to people with disabilities, but hiring them as well. Goals will be set for the hiring of people with disabilities similar to the ones set for women and veterans. The federal government will leverage its considerable economic power to ensure that private industry provides employment opportunities to people with disabilities. What will you do as President to dramatically increase the percentage of children with disabilities who graduate from high school and go on to post- secondary education? (Bush) The first step in increasing graduation rates is providing equal opportunities for success at every stage of the education system. I have proposed to increase funding for the Individuals with Disabilities Education Act (IDEA) by $1 billion in 2005, which would represent a 75 percent increase since 2001, and the Department of Education recently funded a number of grants to determine what strategies help students with disabilities access the general education curriculum and what kinds of early interventions promote the best results for students with disabilities. Through these focused efforts, I aim to see every student achieve academic success and graduate with the tools to succeed in the future. In addition, the No Child Left Behind Act is based on the belief that every child can learn. Under this law, schools are being held accountable for the education results of subgroups of students, including students with disabilities. This Act includes the Reading First program, which has already provided approximately $2.5 billion in funding to ensure that every child is reading on grade level by the end of the third grade. I have also proposed $100 million for the Striving Readers program and a $120 million increase for the Math and Science Partnerships program to help catch up middle and high school students who have fallen behind in reading and math. This funding will significantly benefit students with disabilities who may not have received proper instruction in the early grades. (Kerry) If the goal of the disability-rights movement is to create opportunities for Americans with disabilities equal to those of their peers without disabilities, then education is the key that opens those doors. We need mandatory full funding of IDEA. In 1975, Congress made a deal with our state and local school boards: give children with special learning needs the education they deserve, and the federal government would pay 40 percent of the additional cost, no matter what it takes. Nearly thirty years later, the federal government has broken that promise causing schools across the country to pit special education programs against one another. Regardless of funding, a law will only be as good as its enforcement. Across the country – in school districts large and small – this law is not being followed. In many cases, the good intentions of teachers and principals are undermined by a lack of understanding of the law. The same is true for many parents, who often do not know the rights to which they are entitled. In some cases, school officials need to be taught that IDEA isn't just a guideline, it's the law. A college education is now a near-universal requirement for professional employment. Unfortunately, that level of independence is still but a dream for many of our youth with disabilities. I am committed to equipping the next generation of students with disabilities with the tools to succeed. I will improve transitional planning. As with other at-risk youth, early outreach programs can be enormously successful in affecting positive change. Transitional-planning programs seem to be an early casualty of IDEA non-compliance. I will further leverage Department of Education resources to create and advertise a single national resource for transitional planning assistance. Making sense of the web of college financial assistance programs is a difficult task. We must better coordinate vocational rehabilitation, SSI, and federal student aid services in a way that is meaningful for students, not bureaucrats. We lack a true scientific understanding of the realities of disability issues in higher education. That must change if we are to adequately plan for the future. As president, I will direct the Secretary of Education to solicit disability status and accommodation-cost data so we can arm ourselves with the tools to take meaningful action. What will your administration do to improve the accessibility of mainstream technologies and access to assistive technologies for people with disabilities? (Bush) Since technology has the potential to aid everyone in our society, especially Americans with disabilities, increasing access to technology is a main priority of my Administration. I have secured $20 million for a fund to help individuals with disabilities purchase the technology they need to work from home. I promoted full implementation of Section 508 of the Rehabilitation Act, requiring that electronic and information technology purchased, maintained, and used by the Federal government is readily accessible to and usable by individuals with disabilities. (Kerry) Technology must be harnessed effectively to empower people, particularly those who are often the least empowered in our society. I will work to make electronic information and technology truly accessible. Many of the technological advances made through the work of the Defense Department and NASA are transferable to people with disabilities, and could enhance their capacity to work. This technology should and will be made available when appropriate for use by people with disabilities. New technology is often costly, as the first people to use the technology are underwriting a large proportion of the development costs. The problem is that the persons most in need of the liberation that technology provides are often the least able to afford it. I will direct federal agencies to assess how their resources have been allocated to assist people with disabilities, and work on promoting a goal to increase targets across the board. I want our government to help cultivate new, cutting-edge technology. People who need assistive technology are often confronted with a bewildering array of potential funding sources that are difficult to sort out. I will assemble an intergovernmental team to review current programs which pay for assistive technology and direct them to develop a plan of cooperation. The plan would investigate the potential of pooling various federal funds to create a single funding mechanism. How will you work with disability advocates and Congress to draft and promote legislation to restore civil rights protections for qualified disabled individuals who have been left out by U.S. Supreme Court decisions interpreting the ADA, especially in the area of employment? (Bush) As part of a nationwide effort to build on the successes of ADA, I announced the New Freedom Initiative in 2001 to help level the playing field for Americans with disabilities. Men and women with disabilities deserve equal employment opportunities and my Administration has created programs that help expand workforce options for employees with disabilities. Tax benefits are now serving as incentives for employers to provide computer equipment and Internet access to their employees with special needs. This flexibility will expand the universe of accessible employment and will allow employees to take advantage of this flexibility for teleworking. My Administration is also ensuring the swift implementation of the "Ticket to Work" law, which provides incentives for people with disabilities to return to work. The law provides Americans with disabilities a voucher-like "ticket" that allows them to choose their own support services, including vocational education programs and rehabilitation services. It also extends Medicare coverage for some SSDI beneficiaries so employees can return to work without the fear of losing health benefits. To further encourage employees to return to work, the law also expands Medicaid eligibility categories so that individuals working with disabilities will receive benefits even after their income or condition improves. I secured $36.6 million in 2002 to fund State loan programs to help people with disabilities purchase assistive technologies, such as computers with special adaptive equipment. I have also mandated full implementation of Section 508 of the Rehabilitation Act, requiring electronic and information technology purchased, maintained, and used by the Federal government to be readily accessible to people with disabilities. In addition, the New Freedom Initiative will provide resources for technical assistance to help small businesses comply with the ADA so that they can better serve customers and hire more people with disabilities. And I will continue to work closely with the Department of Justice to ensure full enforcement of the ADA. Since 2001, the Civil Rights Division has resolved over 1,000 disability-related complaints, over 500 of those through mediation. (Kerry) The ADA is the most important civil rights law for persons with disabilities. It is vital that we enforce the law and fight recent judicial and legislative actions to weaken it. First of all, I will nominate judges whom I believe will enforce and uphold our civil rights laws to ensure the protections promised under its enactment. I will work with Congress and the disability community to pass legislation that restores civil rights protections to individuals with disabilities who have been harmed by court decisions restricting the scope of the protected class under ADA. I will also nominate an attorney general and an EEOC chair that will make enforcement of the ADA a top priority. First Choice 2004 is a nonpartisan election guide available through Public Agenda and designed for voting-aged citizens, especially young people, who need more knowledge in order to cast an informed vote this fall. To view the guide, go to: www.publicagenda.org/firstchoice2004/index.cfm Civil Rights Hanging By a Thread Dear Members: On May 17, the Supreme Court recognized the fundamental right of a Tennessee man to be present at his own trial without being forced to get out of his wheelchair and crawl up steps to get there. The disability ruling, issued exactly 50 years after the Brown v. Board of Education decision, might at first glance appear to be an important victory for the Americans with disabilities – and it is. However, upon closer examination, the ruling also demonstrates how tenuous the support for the rights and dignity of disabled people is on the current Court, and how important any new appointments will be for civil rights advocates across the country. Tennessee, supported by Alabama and six other states, argued in Tennessee v. Lane that Congress did not have the power under the U.S. Constitution to give a Tennesseean, George Lane, a cause of action for money damages for disability discrimination by his own State government. This neo-States' rights philosophy has attracted the support of a narrow majority on the current court in other cases. On May 17, four of the nine justices agreed with Tennessee and saw no Constitutional problem with requiring a wheelchair user to crawl or be carried up a flight of stairs to get to his trial. To the surprise of many Supreme Court watchers, Justice Sandra Day O'Connor switched sides in the fight over States' rights, casting the decisive fifth vote for the proposition that access to justice is so fundamental under the 14th Amendment that Congress was on solid footing when it passed this portion of the ADA. Chief Justice Rehnquist argued on behalf of the dissenters that the ADA provisions allowing individuals to sue States for damages should be ruled unconstitutional. In his dissent, joined by Justices Kennedy and Thomas, Rehnquist opined that Constitutional rights for disabled people are "quite limited," and that a state's desire to save money would provide sufficient "rational basis" to justify its failure to ensure equal access to state trials for criminal defendants. During the oral arguments, Justice Scalia, another dissenter in Monday's ruling, argued that there was no Constitutional problem with forcing wheelchair users to be carried into a polling place or a courtroom. Evidently, Justice Scalia and his dissenting colleagues do not realize the inherent danger and indignity involved with being carried in one's wheelchair. In a 2001 ruling against a state employee with breast cancer, Rehnquist wrote for the court that states need not "make special accommodations for the disabled" and that they "could quite hardheadedly – and hardheartedly – hold to job qualifications that do not make allowance for the disabled." In the last ten years, Chief Justice Rehnquist and the four justices who joined him in Garrett v. Board of Trustees of University of Alabama have demonstrated a willingness to strike down a host of laws protecting individuals against State discrimination, including not just parts of the ADA but also the Age Discrimination in Employment Act. Any vacancy on this court could affect the delicate balance that produced the May 17th victory. If Rehnquist, Scalia, Thomas and Kennedy had their way, Congress would be extraordinarily limited in its ability to pass laws protecting individuals from State discrimination on the basis of disability, age, or other factors. As we mark the 50th anniversary of Brown v. Board of Education, let us not overlook the fact that the Constitutional underpinnings of some of our nation's most important civil rights laws are hanging by a thread that could easily be cut with one or two retirements from the Court. Given that no one is immune from the process of aging or the potential to acquire a disability, the future of civil rights in these arenas affects all Americans. Andrew J. Imparato AAPD President and CEO ImparatoA@aol.com Member Chat By Diane DeAngelis, Director of Marketing and Member Services, e-mail dianedeangelis@earthlink.net AAPD Member Survey results The feedback AAPD gets from its members is invaluable – your input tells us what's important to you as an AAPD member and where you would like to see AAPD focus its program and advocacy efforts. Thank you to all members who responded to the AAPD survey. Here's a brief summary: • AAPD members strongly support AAPD's advocacy agenda, citing this as their main reason for joining. • More women than men responded, with most between 51 and 65 years of age. • Over 80 percent of those who responded have a disability. • The majority of AAPD members do not live alone and own their own home and car. • 27 percent of respondents work full-time, 29 percent are retired, and 13 percent do not work but would like to. • Nearly one third of AAPD members depend on Social Security Disability Insurance (SSDI) for their income; 29 percent have an annual income of less than $15,000. • 31 percent of respondents have a university/college degree; 32 percent have a graduate degree. • 90 percent of AAPD members are registered voters and the vast majority vote in national, state, and local elections. • AAPD members are technologically savvy, with 77 percent having access to a personal computer, and the internet. • For both the AAPD website and AAPDNews, legislative news, disability resources, press releases, advocacy, member benefits, and the calendar of events are of primary interest to AAPD members. • The policy issues of greatest importance to AAPD membership are: discrimination, employment services, transportation, housing, health insurance, long-term care insurance, assistive technology, prescription drug assistance, and SSDI. • Member benefits of greatest importance are: discounts on disability products and travel and leisure products and services; long-term care insurance; legal services, health insurance, and employment services. Do you need financial assistance to purchase a wheelchair or scooter? Durable medical equipment? Building modifications? Adaptive equipment? AAPD members have the opportunity to join DCU to take advantage of this loan program as well as a full range of financial services, including Mobility Vehicle Loans for adapted vehicles. Access Loans are for any product, device, or building modification designed to assist someone with a disability (see some examples below). Qualified members may obtain an Access Loan for 100 percent of the purchase amount, from $1,500 to $25,000, and with terms up to 72 months. Higher amounts may be considered. • Powered non-vehicle transportation such as scooters, power wheelchairs, stair- climbing power chairs, all-terrain wheelchairs. Manual transportation such as standard manual wheelchairs, custom sport wheelchairs, and specialized hand cycles. • Adaptive computer and communications equipment such as air tube systems, voice systems, educational and rehabilitation systems for children and adults. • Durable medical equipment such as lifting slings, breathing systems, specialized beds, and rehabilitative equipment such as motorized equipment that exercises muscles and limbs. • Accessible building modifications such as bathroom accessibility, kitchen modifications, widening doorways for wheelchairs, lowering countertops, changing cabinets, modifying sinks and faucets, installing ramps, elevators, stair climbing devices, and installing ceiling lifts. • Disability products such as TTY's, special phones, ringers, doorbells and alert systems, etc. for the Deaf and hard of hearing; Braille printers, notetakers and translators; communication hardware, and software. For more information or to join DCU, call 1-800-328-8797 or 1-800-395-5146 (TTY) or visit www.dcu.org. Coming Soon! A new prescription savings plan from AAPD and Victory+. Only $7.99 per month for an entire family. Get your first month for only $2.99. There is a 30-day money back guarantee. Victory+ Prescription Card covers point-of- purchase discounts, a card you take to your local pharmacy. Plan includes optical, hearing, and diabetic supplies discounts as well as a free eye exam for every family member. U.S. mail-order prescription with wholesale prices, with a $25 quarterly credit for each family member. Look for full details in the Fall AAPDNews. Meet Neil Jacobson Senior Vice President, Wells Fargo Services Area Former AAPD Board Member After graduating from Hofstra University, Neil Jacobson founded a vocational school designed to teach people with disabilities computer skills. While teaching there, he told his students how wonderful it is to go to work. He soon decided that was a good lesson for him, too, and opted to take two years off from school and go out into the world of work. That was 25 years ago. The school is still there, only without him. For Neil, work really is a wonderful thing. And, he admits he likes the money too. Neil believes corporations today are more ready for people with disabilities than people with disabilities are ready for them. "Corporations are interested in making money. If you can help them make that money, they don't care what you look or sound like. In today's world there is a big need for qualified educated and motivated individuals. If that is who you are, that is what counts. All businesses care about is what you can do for them." Neil and AAPD founder Paul Hearne were roommates in college. Neil says, "It was Paul who got me interested in AAPD and it was Paul who taught me to have fun." Neil has been a disability advocate since high school. As an adult he has served on the President's Committee on Employment of People with Disabilities under President Clinton, as a board member for the World Institute on Disability, and for AAPD. While he believes we have made great strides in the disability movement, Neil thinks we have slipped behind in the business and employment areas. "We need to be more vocal and visible in the business community. And, we have to be willing to create our own businesses and invest in businesses owned by others with disabilities." Neil understands that getting involved in the business arena for the first time can be scary. "We are sometimes our own worst enemies. We need to teach our young people it is okay to fail once or twice, everyone does. You just have to get back up and move on ahead." He hopes the disability movement will work hard within the next few years to improve the job skills and employment opportunities for people with disabilities. Confused by the Medicare Drug Card? You're Not Alone Many Medicare beneficiaries are finding the new drug discount program confusing. Much of the confusion stems from the fact that there are 73 different cards – 40 national and 35 regional. It is also possible, even with all those choices, that the current discounts a person with a disability receives are better than the discount offered by the Medicare-Approved Discount Card program. If you are seeking more information on the Medicare-Approved Discount Drug Card program the number one resource to help you is your State Health Insurance Assistance Provider (SHIP). SHIP staffs have received training from the Centers for Medicare and Medicaid Services (CMS) on how to enroll individuals in the program. Because SHIPS are state agencies, they are also familiar with state-specific resources so counselors can help consumers determine which benefits (federal and state) they qualify for and possibly also figure out which benefits are best for their needs. Most SHIPS are located within a state's department or division of elderly affairs but should be able to help people with disabilities regardless of age. Find your state's website address by going to www.aapd-dc.org or call 1-800- 840-8844 (V/TTY), Medicare beneficiaries with disabilities can also call 1-800- MEDICARE (1-800-633-4227) or 1-877-486-2048 (TTY) or visit their website www.medicare.gov The Department of Health and Human Services is aware of the problems consumers have encountered with it's website and 800 number and are continuing to make improvements. Individuals who go through Medicare's 800 number or website are sent a list of discount cards and providers that would suit their needs — but not any clear way of determining which card is better. For more information about additional mail-order drugs, Internet, pharmacy, and pharmaceutical programs that offer discounts go to www.medicarerights.org AAPD Presents Six Justice for All Awards in Recognition of Outstanding Accomplishments and Celebration of the ADA by Stacy Cervenka, 2004 AAPD Congressional Intern who worked in the office of Senator Sam Brownback On July 22 AAPD celebrated the 14th anniversary of the ADA by honoring leaders who have helped to move the disability rights movement forward with Justice for All Awards. Six awards were presented this year. The event which also marked the closing of my internship for Senator Sam Brownback gave me the opportunity to hear about some very exciting recent accomplishments in the community. More than 200 people gathered for the event at the U.S. Government Printing Office (GPO). The Honorable Bruce James, Public Printer of the United States, spoke about the GPO's efforts to ensure people with disabilities are given equal opportunities for employment within his agency. Congressman Steny Hoyer (Maryland) spoke of his long involvement with the disability community and shared personal remarks. The first Justice for All Award recipient was Hillary Shelton, Director of the NAACP's Washington Bureau. NAACP has been an important ally, most recently in passage of the Help America Vote Act. Shelton spoke of his hopes for a time when all Americans can participate equally in the voting process. Congressman Bob Ney (Ohio) received a Justice for All Award in recognition of his considerable work on the Help America Vote Act. "I believe modern machines hold the potential to make it possible for all citizens, regardless of disability, to vote secretly, accurately, and independently," Ney said. "I will treasure this award probably more than any award I've received in my 23 years in public office!" James Weisman, Chair of the AAPD Board, presented a Justice for All Award to Congressman Major Owens (New York), who spoke about his work with Justin Dart to pass the ADA. "This process went forward unlike any that I've ever seen in Congress. The ADA was the product of both parties in the end. It was a great day when the President signed the bill on the White House lawn!" Owens concluded, "Thank you for giving me this award and bringing back the memories that help sustain me ... I will never forget July 26, 1990." After receiving her Justice for All Award, advocate and attorney Harriet McBryde Johnson, who has been featured on the cover of the New York Times Magazine for her debate against bio-ethicist Peter Singer, spoke of the great changes she's seen since becoming involved in the disability rights movement, but noted we have a long way to go in teaching society that the real problem for people with disabilities is the negative misconceptions that persist. Annette Kellermann of Bank of America received the final Justice for All Award in recognition of the company's commitment to making banking accessible to all. AAPD also recognized Brad Williams, Executive Director of the New York State Independent Living Council, with a Thomas Payne Award. Williams made passionate remarks on the importance civil disobedience has played recently for New York's disability community and its battle for accessible voting for all. The Honorable Daniel Sutherland, Director of Civil Rights and Civil Liberties at the Department of Homeland Security (DHS), spoke about DHS's efforts to further the disability cause and lead the way in hiring employees with disabilities. He also used this as the forum to announce that President Bush had, just that afternoon, signed a resolution calling for a plan to address the needs of people with disabilities in national emergency situations. I believe that people with disabilities are our own best advocates. The AAPD ADA anniversary celebration helped me to see that it took hard work and the commitment of many people to get us this far, and only hard work and commitment will get us the rest of the way. People with Disabilities: The Forgotten Medicare Beneficiaries What You Need to Know About the Medicare-Approved Drug Discount Card Program By Ernest Haskell, Director, Pfizer for Living Share Card Program The enactment of the Medicare Modernization Act is an important step toward increasing the quality of healthcare for Medicare beneficiaries. The law creates a significant benefit for many patients who need help to secure access to life- saving and life-improving medicines. That is particularly true for the most vulnerable of Medicare beneficiaries – those with limited incomes. Disabled Can Benefit from Discount Drug Cards The most talked about part of Medicare reform has been the Medicare-Approved Drug Discount Card Program. This new program officially launched on June 1, but millions of eligible Medicare beneficiaries, including many people with disabilities, may be missing out on significant prescription drug savings. Far too often, discussions of the new Medicare-Approved Drug Discount Card have focused on seniors and neglect to mention that Medicare beneficiaries with disabilities can also take advantage of the discount card program. While there has been some confusion about the Medicare-Approved Drug Discount program, people with disabilities need to know about the significant savings that many pharmaceutical companies are offering to those most in need through these discount cards. For millions of people with Medicare coverage, not signing up for a card means leaving money on the table. The good news is that enrolling in the Medicare drug discount program, while confusing, can be easy once one selects the right program for their needs. Beneficiaries only need three pieces of information to find the right card for them. You need to know your zip code, know your drugs and dosages, and know your income if you are interested in transitional assistance and the added savings provided by some pharmaceutical companies. The new program also gives Medicare beneficiaries the flexibility and options they need to decide the best approach to their healthcare needs. For the first time, they have the opportunity to make a choice that will help reduce their drug costs and provide more complete coverage. By enrolling in the Medicare-Approved Drug Discount Card program, Medicare beneficiaries with disabilities can save 10-25 percent on prescription drug purchases. One of the intents of the program was to make sure that those in the greatest need received the largest benefit. Under the new program, people with Medicare under certain income limits without drug coverage may be eligible for $600 in drug benefits (those that earn less than the 135 percent Federal Poverty Line- $12,569 for a single and $16,862 for a married couple), no premiums or deductibles, and co-payments as low as $1 (those that earn less than the 100 percent Federal Poverty Line). Significant Savings For example, one of the cards that provides significant savings is the U Share Card, a Medicare-Approved Drug Discount Card sponsored and managed by United Health Group. Through the U Share Card, Pfizer and other pharmaceutical companies will provide even greater savings to Medicare beneficiaries with low income. For those who qualify, Medicare beneficiaries will pay only a $15 flat fee per prescription for up to a 30-day supply of many Pfizer medicines. For medicines made by Pfizer and the other participating companies, income can be up to $18,620 for a single person and up to $24,980 for a couple to qualify for the additional savings. The U Share Card is just one of many discount cards currently available to people with Medicare. Because of the potential discounts and added savings provided by pharmaceutical companies, it is important that all Medicare beneficiaries are aware of the program and enroll in the card that is best for them. Not choosing a card is the wrong choice because Medicare beneficiaries may be missing out on real savings. For more information on the U Share Card, call 1-800-707-3914 or 1-866-234- 4138 (TTY) or visit www.usharerx.com. Tips For Medicare Beneficiaries: How to Choose a Medicare-Approved Drug Discount Card 1. Learn the Facts • Cards are for all Medicare beneficiaries except those with Medicaid. • A $600 credit from Medicare for low-income people who qualify. • Cards start May 3, 2004 and end December 31, 2005. • For more information go to www.medicare.gov or call 1-800-MEDICARE. 2. Gather Your Personal Information • Do you have health insurance that pays for drugs? • Are you single or married? • What is your monthly income? • What drugs do you take? 3. Compare Cards • You may only have one Medicare-Approved Drug Discount Card, so you can only choose one. • If you qualify, the $600 credit can only be used with a Medicare-Approved Drug Discount Card. • Check the total savings on your drugs and also see if you may ask your doctor for generic substitutions. 4. Enroll • Call the card company and ask questions and have an application mailed to you. • Complete the form and send it back to the card company. Low-Income Program Recently, Pfizer announced an initiative that aims to provide prescription drugs at discounts of 15 percent to 37 percent to an estimated 43 million uninsured U.S. residents who have annual incomes of less than $31,000 and families with annual incomes less than $45,000. Medicare beneficiaries who have exhausted a $600 subsidy available under the new discount card program will be eligible to pay a flat fee of $15 per Pfizer prescription (Howard Price, The Washington Times, 07/08/04). There will be no enrollment fee for the program, and Pfizer plans to enroll participants through a toll-free number and the company's website (as shown in the left column). AAPD MEMBERSHIP/RENEWAL APPLICATION New AAPD Membership Renew AAPD Membership Membership No. ______________________________________ I need an alternate format for membership materials: Braille Audio Cassette Large Print Computer Disk Send to my E-mail Address Name ___________________________________________________________ Street ___________________________________________________________ City __________________________________________ State ______________ Zip _________________ Phone ____________________________________ E-mail ________________________________________________________ Enclosed is my membership payment for: $20 (three years) $15 (two years) $8 (one year) I would also like to make a tax-deductible contribution to AAPD in the amount of: $10 $20 $50 Other $ Total Payment $________________ Check enclosed VISA MasterCard Discover American Express Credit Card Number _____________________________________________ Expiration Date _______________________________________________ Name on Credit Card ___________________________________________ Signature ____________________________________________________ AAPD Membership Services • P.O. Box 97045 • Washington, DC 20090-7045 Call toll-free 1-866-241-3200 (V/TTY) • Visit our website at: www.aapd-dc.org Please call or mail notification of any address changes. Understanding the Numbers By Andrew Houtenville, Cornell University RRTC on Disability Statistics It is critical to know the number of people with disabilities. Disability-related statistics are used by federal, state and local government agencies to, for example: • distribute funds and develop programs for people with disabilities and the elderly under the Rehabilitation Act, • ensure under the ADA that comparable public transportation services are available for all segments of the population, • allocate funds for mass transit systems to provide accessible facilities under the Federal Transit Act, • distribute funds for housing for people with disabilities under the Housing and Urban Development Act, • allocate funds to states and local areas for employment and job training programs for veteran under the Job Training Partnership Act, • award Federal grants, under the Older Americans Act, based on the number of elderly people with physical and mental disabilities, and • plan for eligible recipients under the Medicare and Medicaid programs. Several national surveys are commonly used to estimate the number of people with disabilities because there is no system that classifies each of us as "with" or "without" a disability. It is not like counting the number of registered voters. It is often cited that there are 54 million people with disabilities in the US. This number is based on the Census Bureau's Survey of Income and Program Participation in 1997, which contains a large set of disability-related questions. (Source: www.census.gov/prod/2001pubs/p70-73.pdf). The original number of 53 million has been revised to 54 million to reflect overall population growth since 1997. The government uses other surveys to collect statistics about people with disabilities. According to the Census Bureau's American Community Survey and its definition of disability, 41 million people (ages 5 and older) reported a disability in 2002. (Source: www.census.gov/acs/www). According to the Center for Disease Control (CDC) and Prevention's National Health Interview Survey, 34 million people reported being limited in their usual activities due to one or more chronic health conditions in 2002 (Source: www.cdc.gov/nchs/data/series/sr_10/sr10_220.pdf). The differences in these population estimates are caused by differences in survey methods and differences in the definition of disability used. It is very difficult to identify the very diverse population with disabilities with a small set of survey questions. There are efforts within the Federal government to improve the continuity of disability statistics (www.healthypeople.gov) and to potentially conduct a national survey dedicated to disability. The last such survey was conducted by the CDC in 1994. (Go to www.cdc.gov/nchs/about/major/nhis_dis/nhis_dis.html). It is important to note that all of these surveys ignore people with disabilities in the military and those living in other institutions, such as correctional facilities. According to the 2000 Census, 2 million people lived in disability-related institutions. (Source: http://factfinder.census.gov/ home/saff/ main.html). Ultimately, the choice of which population count to use depends on the purpose for its use. A Cornell University website, www.disabilitystatistics.org, is designed to help people access, use and understand disability statistics in the context of advocacy and policy discussions. Over the next five years, with funding from the National Institute on Disability and Rehabilitation Research, this Cornell University website will continue to add statistics and resources. Groundbreaking Report Reveals Major Obstacles to College Access Nationwide for Students with Disabilities A recent study, Higher Education Opportunities for Students With Disabilities: A Primer for Policymakers, reports students with disabilities still face serious obstacles to higher education. The report focuses on barriers to equal educational opportunities in higher education, including legal, financial, academic, and institutional obstacles and provides the most recent and comprehensive statistical profile of the size and composition of the population of students with disabilities. Copies of the report can be found on the internet, at: www.ihep.org/SneakPeek.php. About Our Sponsor This Issue of AAPDNews is Sponsored by IBM by Kelly Mack IBM is recognized as a corporate leader in developing and disseminating accessible information technologies, beginning with the Accessibility Center, a cross-IBM office centered in the research division. Frances West, IBM's Worldwide Director of Accessibility, leads IBM on research and strategy to promote accessible technology solutions. "We are situated in research because we believe that technology, especially advanced technology coming out of our research division, can augment human capabilities. IBM has always taken an innovative approach in helping its employees and customers with disabilities to address access through technology." The Accessibility Center works within IBM to ensure that software and services are compliant with law and push the envelope in terms of innovation and usefulness. The Accessibility Center markets accessible solutions, promotes tools to businesses and organizations, and engages customers and advocacy groups to convey IBM's viewpoint. IBM researchers who work to develop accessible technologies include people with disabilities. IBM Research has developed a number of products and technologies, including Home Page Reader (talking browser for people who are blind or low-vision). A recent technology developed in IBM Research allows users to dynamically adjust the font size and color contrast of web pages to make them more accessible for people with visual impairments. IBM strives to create technologies for people with disabilities, and applies these products to broader audiences, such as seniors. "IBM is focused on business enterprises, helping them to identify the right technologies based on their business needs. Large enterprises can use accessible technology for their employees. Some businesses also see people who have disabilities as potential customers," says West. IBM consults with clients about where they are on the accessibility matrix/continuum, starting with meeting legal requirements and working toward total integration of accessible tools and functionality. "Our philosophy is that we really want to enable access to information technology for everyone. Our approach to accessibility is not taking just the easiest path, which is making sure a person with a disability has access, but really focusing on enriching that person's experience." For continuing developments, refer to IBM's website at www.ibm.com/able. AAPD invites your company to become an AAPDNews sponsor. We'll be happy to share your news with our readers. DOJ Newsletter Launched in June The Disability Rights Section of the Civil Rights Division at the U.S. Department of Justice in June released the first issue of its new monthly newsletter, which will be addressing developments in disability law and reviewing the Section's recent activities. To view the newsletters online, go to www.ada.gov. AAPD's Mission Statement The American Association of People with Disabilities (AAPD) is a non-partisan cross-disability membership organization whose mission is to politically and economically empower the more than 56 million children and adults living with disabilities in the U.S. Betts and Hearne Award Nomination Deadlines Approaching The application deadline for this year's Paul G. Hearne/AAPD Leadership Awards is 5 p.m. Eastern Time, September 10, 2004. Up to three people with disabilities who are emerging as leaders in their respective fields will each receive $10,000 to help them continue with their work.. Friday, October 15, 2004 at 5 p.m. is the deadline for nominations for The Henry B. Betts Award, to be presented in early 2005 at the AAPD Leadership Gala. One outstanding living individual is selected each year to receive the award. That person is awarded an unrestricted cash grant of $50,000. For more information and nomination forms go to AAPD's website: www.aapd-dc.org. 1629 K Street NW, Suite 503 Washington, DC 20006 To request an alternate format call 1-800-840-8844 (V/TTY) For AAPD Membership Inquiries: Toll-Free Telephone1-866-241-3200 (V/TTY) Written AAPD Member Services Office 258 Main Street, Suite 203 Milford, MA 01757 Visit our website at: www.aapd-dc.org