AAPDnews FALL 2005 the information newsletter for AAPD members Inside Disability Status Reports Conversation with EEOC Chair Dominguez How Election Reform Affects You SAVE THE DATE! MARCH 8, 2006 2006 AAPD LEADERSHIP GALA WASHINGTON, DC Medicaid Commission Update The Medicaid Commission, appointed by Health and Human Services Secretary Michael Leavitt, completed its first report to the Secretary and Congress on September 1, 2005. In its report, the Commission recommended a reduction in Medicaid spending by $11 billion over the next five years. These reductions include changing how providers and drug companies are reimbursed for prescription drugs, and closing loopholes that allow individuals to hide or illegally transfer assets to qualify for nursing home care. Another recommendation allows states to tax all managed care organizations. Senate Finance Chairman Charles Grassley (R-IA) said the Commission’s recommendations “will be considered as part of the Finance Committee’s ongoing process to meet budget reconciliation instructions.” Senator Max Baucus (D-MT), ranking member on the Finance Committee, stated, “While I don’t believe that all those savings should come from Medicaid, I believe some of the Commission’s ideas have merit and may warrant consideration. I’m also heartened that the Commission did not recommend a number of proposals that, in my view, may have harmed Medicaid beneficiaries’ access to care.” Reaction from the National Governors Association (NGA) was also favorable. The Governors appreciate the fact that the Medicaid Commission has come to many of the same policy conclusions that are recommended by the NGA (a paper on Medicaid reform by the NGA can be found on AAPD’s website [www.aapd.com] under Medicaid Commission). The NGA looks forward to working with the Commission over the next 16 months as they focus on the long-run restructuring of Medicaid. On October 26 and 27, 2005, the Medicaid Commission began its next task, the study of long-term Medicaid reforms. The Commission will meet six to eight times over the next year. Proposals will be developed to address the following issues: • Eligibility, benefits design and delivery; • Expanding the number of people covered with quality care, while recognizing budget constraints; • Long-term care; • Quality of care, choice and beneficiary satisfaction; • Program administration; and • Other topics that the Secretary may submit to the Commission. The Commission’s final report is to be submitted by December 31, 2006. A full accounting of the August meeting of the Commission by AAPD’s Senior Director of Policy and Outreach Gwen Gillenwater, a voting member of the Commission, can be found at www.aapd.com under “Medicaid Commission.” Budget Reconciliation How Will America Pay its Bills? Editor’s Note: The following article was current at the time AAPDnews went to press. Some budget items may have changed by the time the newsletter reaches your home or business. As the country struggles to rebuild New Orleans and the surrounding Gulf Coast areas and to meet the needs of the many citizens whose lives were affected by Hurricane Katrina, the budget reconciliation process in Congress was delayed, detoured, and in general distracted. As soon as Congress returned in early September, the devastation of Katrina was in full force and immediate attempts were made to introduce and pass legislation to deal with the crisis situations. The Administration was also caught up in responding to the many tragedies in Louisiana, Mississippi and Alabama, as well as the impact on other states as thousands of people were evacuated and moved. Bipartisan letters from both houses were sent to Congressional committees involved in making the cuts in Medicaid, food stamps, women and infant care programs, housing and education, and taxes. Under the terms of the fiscal 2006 budget agreement (House Congressional Resolution 95) adopted earlier this year, both the House and Senate authorizing committees must produce legislation that would in total cut mandatory spending by $35 billion over five years. In addition, the House Ways and Means Committee and the Senate Finance Committee were charged with assembling legislation that would cut taxes by $70 billion. The spending and tax cut packages would be given procedural protection against filibuster on the Senate floor under budget reconciliation procedures. There was a general outcry – how can this be done when the Administration has already estimated the cost of rebuilding in the gulf states to be $200 billion? The immediate response by Congress was to delay the budget reconciliation process by several weeks. Senate Budget Committee Chairman Judd Gregg (R-NH) said on September 7, “Everything is in flux right now,” adding that the Katrina response effort “has to be our focus…we’ll just have to wait and see.” Thomas Kahn, the Democratic staff director of the House Budget Committee, said Democrats are strongly urging Republicans to scrap reconciliation altogether. “Now, given Katrina and the cost of the rescue package and the human needs, we should not be cutting taxes at the top, the safety net at the bottom, and adding $35 billion to the deficit,” Kahn said. Conservative Republicans in the House of Representatives were also looking at delaying some federal spending - including money for the Medicare Modernization Act (MMA), a prescription drug benefit program for seniors and people with disabilities, and highway projects - to offset the cost of the storm relief. Republican Representative Mike Pence (R-IN) said there is a need for dramatic spending cuts in “big ticket items.” The MMA alone is expected to cost $40 billion a year. President Bush had signed a $286.4 billion highway bill that has been criticized for including about 6,000 unnecessary “pork” projects added by lawmakers to benefit their districts. According to an article in the September 19 issue of The Washington Post, “setting aside all of those additional highway projects and delaying the drug benefit by a year are expected to be among the proposals that House Republicans are preparing for Operation Offset this week.” In that same article, Senator Joseph Biden (D-DE) was quoted from his appearance on Late Edition on CNN as saying “Where is he (President Bush) going to find roughly half a trillion dollars over the next several years for Iraq and Katrina?” And then came Rita. Call for Applications: Two Summer Internship Programs for College Students with Disabilities AAPD, through partnerships with the Microsoft Corporation and the Mitsubishi Electric America Foundation, is pleased to announce two internship opportunities (information technology and congressional) for college students with disabilities for the summer 2006. Both are administered by AAPD. Microsoft sponsors the information technology internship program. Undergraduate students with disabilities interested in pursuing careers in information technology are encouraged to apply. Accepted candidates will work in various agencies in the executive branch of the federal government. Applications are available at www.aapd.com. Applications must also be submitted by DECEMBER 12, 2005 (5 p.m., Eastern Time). For questions and submissions for the information technology program email aapdmsintern@aol.com. The congressional internship program for college students with disabilities is sponsored by the Mitsubishi Electric America Foundation and open to second-semester sophomores through first-semester seniors. Individuals interested in working on Capitol Hill are encouraged to apply. Accepted candidates will work in congressional offices in Washington, DC. Applications are now available at www.aapd.com. Applications must be submitted by DECEMBER 12, 2005 (5 p.m., Eastern Time). For questions and submissions for the congressional program email aapdcongintern@aol.com. Roundtrip air travel and accessible housing will be provided to all interns in both programs and each student will be awarded a stipend. Important Medicare Enrollment Reminder Enrollment for Medicare’s prescription drug coverage runs from November 15, 2005 through May 15, 2006. Coverage begins on January 1 (if a beneficiary enrolls before then). After that, coverage begins on the first of the month after a beneficiary enrolls. Medicare will provide comprehensive support to help beneficiaries make a confident decision about drug coverage. That support includes community-based resources offering personalized counseling, materials on www.medicare.gov and through (800) MEDICARE or (877) 486-2048 (TTY), and the Medicare & You handbook with information about coverage in you local area. Reframing the Employment Issue Dear Members, In October, AAPD participated in a Congressional staff briefing hosted by AAPD's partners at Cornell University's Research and Training Center on Disability Statistics, detailing newly released data on the economic status of people with disabilities (see related article on page three). One of the more disappointing statistics showed that the employment rate of people with disabilities had decreased since 2001. Although the six questions used to identify people with disabilities in the relevant survey will undoubtedly miss many people with moderate disabilities and chronic health conditions, and the data may be missing improvements in employment outcomes for these subpopulations, the fact remains that people with significant disabilities are still disproportionately living in poverty and outside the economic mainstream 15 years after the passage of the Americans with Disabilities Act (ADA). Specifically, the Cornell study noted that the employment rate of working-age people with sensory, physical, mental, and/or self-care disabilities decreased from 40.8 percent in 2001 to 38.3 percent in 2004, in the U.S. At the Disability Status Report briefing and later that week at an event to introduce a new bill from Senators Roberts and Kennedy that would give employers a competitive advantage in bidding on government procurement contracts when at least 25 percent of their workforce is made up of people with significant disabilities, the attendees were interested to know why we are not seeing real increases in employment outcomes for people with significant disabilities. Although there are many potential reasons, ranging from questions about the validity of our limited disability data to employment discrimination to the inadequacy of our systems of transportation, housing, health care, and long-term services and supports, I believe perhaps the most powerful reason we are not seeing major improvements in employment for people with significant disabilities is that we have not succeeded in making this issue a top priority for those who are tasked with preserving and improving the health of the U.S. economy. Earlier this year, I had the opportunity to see a power point presentation on disability and employment in the U.S., the U.K. and Australia by Mark Bagshaw, an Australian manager in IBM's global Accessibility Center who uses a wheelchair. Bagshaw has been developing and using the power point to capture the attention of CEOs in Australia. In it, he highlights that the employment outcomes for people with significant disabilities have been relatively flat in all three economies for the past 20 years. He then calculates what a modest improvement in these numbers might mean for the economies of those countries. By framing the issue as a lost economic opportunity that is holding back Australia and other global leaders, Bagshaw is helping to raise the profile of the persistent employment challenge as something that must be addressed by business leaders. Once he has the CEOs' attention, Bagshaw points to another factor that has not gotten enough attention in the U.S. – – the role of expectations. Bagshaw maintains that to address seriously the employment problem, three things need to happen. The first, which has received the greatest emphasis from disability advocates, is improving the infrastructure so that disabled workers can access and remain in the workforce. The second and third factors deal with expectations – – those that disabled adults have of themselves and those that the people in their immediate circle have with regard to whether they can and should be working. To address the persistently low employment expectations shared by many disabled people and their family and friends, Bagshaw recommends a sustained social marketing campaign aimed at increasing society's expectations about the capacity of people with significant disabilities to work and otherwise participate in the economic mainstream. In the U.S., we might envision a campaign with the kind of visibility as the "Parents: The Anti-Drug" campaign. If we can build stronger expectations that disability need not equate to retirement and a lifetime of subsistence-level benefits, we can improve the motivation of more working-age people with significant disabilities to participate in the workforce. At the same time, we can have an impact on the key “influencers” in the lives of adults with disabilities so they are not allowing themselves to reinforce low expectations that many disabled people may have about their future employment possibilities. The kind of sustained social marketing campaign Bagshaw envisions, coupled with greater investments in building the human capital and job readiness of people with significant disabilities, is likely to require substantial resources. Successfully making the case for those resources means bumping up the disability employment issue on the list of national domestic priorities. That is where the economic imperative argument comes in. If we can convince CEOs, senior policy makers, journalists and community leaders of the potential long-term payoff for the U.S. economy to be derived from improving the labor market participation of this population, we will more easily attract the kind of resources that will have an impact on this persistent problem. In short, the persistently low employment rates for people with significant disabilities affects everyone, and everyone has a stake in changing this picture. With warm regards, Andrew J. Imparato AAPD President and CEO AAPD Thanks Members for Letters in Support of FMLA In the last issue of AAPDnews, AAPD asked its members who have taken Family Medical Leave Act (FMLA) to send personal stories so that they could be shared with the Department of Labor, Congress, and the general public. We are happy to report AAPD members came through with flying colors. Thanks, you are helping save FMLA! Equal Rights Center Looking for New Testers The Equal Rights Center is looking for new testers to gather and record information about equality in employment, housing, and public accommodations for persons protected under the Civil Rights Act of 1964 and subsequent amendments. No experience is necessary. The hourly rate is $17. For more information about becoming a tester, go to www.equalrightscenter.org/index_files/Page1210.htm or call (202) 234-3062. A toll-free and TTY number will be installed in mid-November. Are You Receiving JFA Email Alerts? If not, would you like to receive these critical alerts distributed by AAPD? Subscribe by sending an email to: majordomo@jfanow.org and type in the words SUBSCRIBE JUSTICE in both the subject and message parts of the email. Disability Status Reports Released The Cornell University Rehabilitation Research and Training Center on Disability Demographics and Statistics (StatsRRTC), in collaboration with AAPD, recently released the first annual Disability Status Reports. These provide policy makers, disability advocates, reporters and the public with a summary of the most recent (2003 and 2004) demographic and participation statistics on the working age (ages 21-64) population with disabilities. Researchers found the “employment gap” between people with and without disabilities who are working rose .6 percentage points between 2003 and 2004, from 39.7 percent to 40.3 percent. Another key finding was the rise in the poverty rate, which rose more for people with disabilities than for those without them between 2003 and 2004. For people with disabilities, the poverty rate increased .8 percentage points, from 23.3 percent in 2003 to 24.1 percent in 2004. For people without disabilities it increased .2 percentage points, from 8.9 percent to 9.1 percent. The reports, which will be issued yearly in October by Cornell, “fill a pressing need for timely and relevant statistics about people with disabilities,” said Andrew Houtenville, director of StatsRRTC. “We hope they will become an annual event that policymakers, advocates, the media, and people with disabilities across the United States will anticipate and depend on,” he said. The Disability Status Reports also showed that the employment rate of working-age people without disabilities was 77.6 percent in 2003, compared to 37.9 percent for working-age people with disabilities. In 2004, the employment rate for people without disabilities rose .2 percentage points, to 77.8 percent, while the employment rate of people without disabilities declined .4 percentage points, to 37.5 percent. “The rise in the employment gap suggests that people with disabilities are not participating in the recovery from the 2001 recession,” said Houtenville. Robert Weathers, senior research associate at Cornell’s Employment and Disability Institute, said, “The findings about the overall rise in poverty are consistent with the recent Census Bureau announcement that the poverty rate increased in the U.S. between 2003 and 2004.” According to Weathers, the Disability Status Reports use the American Community Survey – the public – use version of the raw data that the Census Bureau uses in its report. Some Cornell researchers are investigating whether the employment gap may be due in part to what they call the “poverty trap.” Under current federal rules, people with disabilities must be essentially unemployed to receive government benefits, but the support they receive is not enough to keep them out of poverty, they point out. “Those with the lowest incomes lose 50 cents for every dollar they earn. That’s a higher tax rate than Bill Gates pays,” said David Stapleton, director of the Cornell Institute for Policy Research. Stapleton and others recommend that federal policy be revisited to reward, rather than punish, people with disabilities who earn income through employment. The StatsRRTC is the statistics arm of three Cornell units, the Employment and Disability Institute in the School of Industrial and Labor Relations, the Institute for Policy Research located in Washington, DC, and the Department of Policy Analysis and Management in the College of Human Ecology. The National Institute on Disability and Rehabilitation Research funds it. The full report can be found at: www.DisabilityStatistics.org. Fifth Annual National Inclusive Schools Week to Focus on Closing the Achievement Gap The fifth annual National Inclusive Schools Week will be celebrated December 5-9, 2005, in classrooms, schools and communities throughout the country. The Week highlights and celebrates the progress our nation’s schools have made in providing a supportive and quality education to all students, particularly those who have disabilities and those from culturally and linguistically diverse backgrounds. It also provides an important opportunity for educators, students and families to discuss what else needs to be done in order to ensure that their schools continue to improve their ability to successfully educate all children and youth. AAPD is an Associate Partner in the event. This year’s theme, “Bridging the Gap: Achievement for All,” focuses on how schools and districts are narrowing the disparity in academic performance between individual groups of students. The success of students with disabilities and those who are racially, culturally and linguistically diverse has been regarded as among the most significant issues faced by schools and communities in past 30 years. Since its inception in December 2001, National Inclusive Schools Week has been celebrated in thousands of schools and communities around the country and world. An updated version of the popular Celebration Kit is now available. The Kit is free and may be downloaded from www.inclusiveschools.org. Posters, bumper stickers, stickers and pencils are available for purchase. Check the Week’s website for additional details as they develop. To learn more, visit www.inclusiveschools.org. You can also email Deborah Hall at nisw@edc.org or call (877) 332-2870 (V), (617) 964-5448 (TTY). Have You Visited AAPD’s Website Lately? Check out AAPD’s website www.aapd.com for disability news, advocacy efforts, and a listing of employment and career growth opportunities. The Library of Congress has linked AAPD to its website. Look for more information about the AAPD website in the next issue of AAPDnews. U.S. Department of Education Explains IDEA Statutory Language In response to public inquiry about the recently reauthorized Individuals with Disabilities Education Improvement Act of 2004 (IDEA), and prior to issuing final regulations, the Department of Education's Office of Special Education and Rehabilitative Services is taking steps to assist in the explanation of the statutory language. To be as responsive as possible to families, educators and administrators, they have developed and posted to their website a series of topic briefs regarding several high-interest areas of IDEA 2004. These topic briefs include a summary of all relevant statutory language for 19 topics ranging from highly qualified teachers to discipline, with citations from the law and cross-references, when applicable, to related briefs. Additionally, visitors to the IDEA 2004 website can view news and information concerning proposed regulations, public meetings, consideration of comments and suggestions, laws and policies, and technical assistance related to the reauthorized law. Go to www.ed.gov/policy/speced/guid/idea/idea2004. New Court to Tackle Disability Issues The Supreme Court began a new term October 3, 2005 with a new leader and some dramatic issues. Three cases of particular interest to people with disabilities are Gonzales v. Oregon, a test of a unique state law allowing doctors to help terminally ill patients die more quickly; Schaffer v. Weast, a case involving the burden of proof in special education; and United States v. Georgia and Goodman v. Georgia, a federal powers case that will decide if states and counties can be sued for not accommodating disabled prisoners. Ventilator Users at Risk From Medicaid and Other Insurance Cuts According to the International Ventilator Users Network (IVUN), cuts in Medicaid and other health insurance programs are putting ventilator users at serious risk. IVUN is urgently concerned about these developments and seeks support for a resolution developed by its Consumer Advisory Committee. The resolution can be found online at www.post-polio.org/IVUN, or copies can be obtained by calling IVUN at (314) 534-0475 (for TTY services dial 711 at no charge) or faxing them at (314) 534-5070. Senators Roberts and Kennedy Introduce Legislation to Create Jobs for Severely Disabled People Senator Pat Roberts (R-KS) and Senator Edward Kennedy (D-MA), joined by business owners and disability advocates who are committed to helping at least one percent (94,000) of the more severely disabled people in America find competitive employment, formally unveiled S. 1570, The Employer Work Incentive Act for Individuals with Severe Disabilities, on Thursday October 6, 2005. A new Coalition (One Percent Coalition) will push for passage of the measure. The One Percent Coalition will actively support passage of S. 1570, which will create a government contracting preference for companies that employ significant numbers of severely disabled workers. This contracting incentive will ensure that Americans with severe disabilities have access to competitive jobs that allow them to achieve personal and economic self-sufficiency. Former AAPD Board Chair John Kemp was instrumental in drafting the legislation and is working to gain support in Congress and among other groups. Hurricane Victims with Disabilities Receive Assistance Through Department of Education Gulf States to Get $25.9 Million in Vocational Rehabilitation Services On September 30, President Bush signed into law the Assistance for Individuals with Disabilities Affected by Hurricanes Katrina and Rita Act of 2005, granting the U.S. Department of Education authority to permit hurricane-affected gulf states access to $25.9 million in federal funds for vocational rehabilitation (VR) services without the states having to provide matching funds. These VR services may include education, training, assistive technology or various supports necessary for employment of individuals with disabilities affected by Hurricanes Katrina or Rita that contribute to the economic growth and development of communities. For more information on this and other help for hurricane victims with disabilities go to www.nod.org. Public Broadcasting Has Long History with Disability Community Since its earliest days, public broadcasting has had as its central mission serving underserved audiences, which include, as a high priority, people with disabilities. In fact, the Corporation for Public Broadcasting (CPB) and the Public Broadcasting System (PBS) both had requirements for closed captioning all funded programming long before the Telecommunications Act of 1996 required it of all other broadcasters and cable casters. CPB provided the initial funding for the development of closed captioning and real-time captioning, enabling instantaneous access to news by people who are deaf or hard-of hearing. They also provided seed funding to develop the first on-air tests of video description for people who are blind or visually impaired. Additionally, CPB funded groundbreaking research into the challenges and solutions for assuring access to digital television. Children’s programs funded by the Ready to Learn program (which funds many children’s programs on public television) are fully accessible via captions and video descriptions and include themes and outreach that teach children about other children with disabilities. The on-going legislative and societal debate over the funding of public broadcasting and the Ready to Learn program should take into account the importance of these entities in the lives of people with disabilities and their families. Contact your federal legislators and tell them not to cut CPB funding. AAPD Talks with EEOC Chair Cari Dominguez What is your current job and what are your responsibilities? I am Chair of the U.S. Equal Employment Opportunity Commission (EEOC), whose mission is to eliminate discrimination from the workplace and prevent it from ever happening again. Simply put, EEOC is keeper of the laws that prohibit employment discrimination on the bases of disability, race, national origin, color, religion and sex – including sexual harassment and pregnancy. Shortly after joining the Commission and working with our senior management team, I laid out a five-point plan designed to provide an operational framework for carrying out our responsibilities well into the 21st century. Essentially, the plan calls for: 1) proactive prevention, 2) prompt and proficient resolution of charges of discrimination, 3) expanded use of mediation, 4) strategic enforcement and litigation, and 5) EEOC as a model workplace: “practicing what we preach” through organizational excellence. I am proud of the Commission’s unprecedented accomplishments under each point of the plan. For example, we have been conducting a record number of outreach and training events, each year doing better than the prior year. In addition, our website now receives more than four million visits a year, another record high. We have also significantly reduced the average time for processing charges of discrimination, and have maintained the charge inventory to one of the lowest levels ever seen at the Commission. We now have the largest mediation program of its kind in the nation. In the past couple of years, the Commission has recovered more remedies for victims of discrimination than it had in any other two-year period in our history. And, I’m very proud to note that for the first time, the Commission made the list as one of the best federal agencies in which to work. A lot more detail to the accomplishments I have referenced can be found on our website, www.eeoc.gov What training and experience did you have prior to your current position? My entire life’s work has been devoted to removing invisible and attitudinal workplace barriers and enhancing opportunities. Right after college, I worked for a couple of federal agencies as a contract compliance officer and trainer. Then, I moved to the private sector, where I not only had EEO responsibilities for one of the largest employers in the Nation, BankAmerica Corporation, but also had responsibilities for workforce preparedness, succession planning, executive staffing, compensation, and benefits. From that position, I was tapped to serve as a Presidential appointee in the “Bush 41” administration, first as Director of the Office of Federal Contract Compliance Programs, where I had the great fortune to launch and lead the agency’s “glass ceiling initiative” and then as Assistant Secretary for Employment Standards Administration with a much broader array of responsibilities in the employment standards arena. One of the assignments I enjoyed tremendously was working on the North American Free Trade Agreement (NAFTA) and contributing to the establishment of child labor standards as a condition for the agreement. Following this, I served as a partner for two international executive search firms. What do you think are the most important employment issues facing people with disabilities? If our world at the Commission is a microcosm of what is happening in the workplace, the most difficult issues we are seeing is failure to hire and failure to provide reasonable accommodations. Discrimination based on people’s fears and stereotypes account for part of this problem, but other factors also contribute. For example, we continue to be surprised and alarmed at the number of employers who are simply unaware of their responsibilities under the Americans with Disabilities Act (ADA). Most of these employers represent small and midsize companies, where the greatest outreach and educational needs exist. Others have unfounded concerns about the cost of providing reasonable accommodations, which show a lack of familiarity with available resources and resourcefulness in this area. We know that accommodations, for the most part, involve little or no cost. Still others don't know how to go about recruiting or even finding qualified workers with disabilities. That’s why the Commission has been most aggressive in this area, putting out guidance and literature, conducting training aimed at connections between “demand and supply.” Again, I urge you to go to our website to access the information and fact sheets we have issued relating to recruitment and accommodations on particular disabilities. Of course, many of the barriers faced by individuals with disabilities who want to work are not issues that the Commission can directly address. They involve better access to transportation and enabling technologies; having the right mix of skills and knowledge to meet increasing demands for specialization and intellectual capital; and willingness to be flexible and adaptable in an ever-changing workplace. Individuals with disabilities also are afraid to go back to work if it means that earning even a small amount of money might put them at risk of losing needed benefits, including access to needed health care. I know that the Social Security Administration is working hard to allay those concerns and remove barriers to employment. How can people with disabilities work around these obstacles? Knowledge is power. The better informed individuals with disabilities are, about their legal rights, about employer fears and concerns, and about ways to better position themselves in the marketplace, the greater the chances of success. Again, I urge all of your readers to access our website. If that is not possible, they can order publications about the ADA from our Publications Distribution Center by calling (800) 669-3362 or (800) 800-3302 (V/TTY). Becoming involved with a disability advocacy or consumer organization, like AAPD, is also very important, as is letting one’s elected representatives at all levels of government – local, state and federal – know your concerns and issues needing reform. What advice do you have for young people with disabilities in regards to career planning, job seeking, job retraining, and job retaining? My advice to young people with disabilities is no different from my advice to individuals without disabilities. They have to stay abreast of the opportunities in the marketplace – the skills and knowledge in demand. They have to build their skills base and their portfolio of career experiences, be they paid or as volunteers. They must also network, not only in their own professional circles where common bonds exist, but also beyond them. Remember that those individuals doing the hiring are most likely to come from different, higher and more mainstream professional circles. Getting yourself known not only among peers with common interests, but also outside of those circles at a much broader level can increase one’s chances of success. Also, having mentors, not one but many, in a variety of settings and for different opportunities will certainly expand one's horizons. I know I have personally benefited from having a broad network of supporters and individuals who have believed in my abilities and have championed my advancement, and they have come from my involvement in a whole array of professional and personal endeavors. The most important advice is to never give up! They need your talent and abilities. It is all about finding the ways to market those abilities in a win/win manner. What other issues do you feel are of utmost importance for people with disabilities? Issues of applicant and employee privacy are becoming increasingly important under the ADA. The law strictly limits when an employer may ask questions about medical conditions and how that information can be used. The ADA also requires that all medical information an employer does obtain be kept confidential and in separate files. The question of what constitutes a “disability” under the ADA will continue to be the subject of a lot of activity in the courts, as will issues concerning the extent of an employer’s obligation to make reasonable accommodation and the circumstances under which an employer may (and may not) make employment decisions based on concerns that an individual with a disability will pose safety risks. EEOC keeps close watch on these issues and we file briefs in some cases where we feel the issues impact on our enforcement of the ADA. I have also witnessed growing concern and dissent among disability rights organizations regarding the nature and degree of disability currently covered under the ADA. Regarding employment issues, many groups continue to express concerns that the ADA was intended to protect individuals with the most severe disabilities. Given the 70 percent unemployment rate among the most severely disabled individuals, they advocate a much more narrow enforcement focus on the ADA. Of course, Congress and the courts need to weigh in on this debate. Any other advice you would like to give to people with disabilities? The more involved and knowledgeable one becomes about a matter the more one can become involved with solutions and positively impact the lives of others. So I believe that participation in groups such as AAPD that motivate, advocate, and educate is essential to becoming part of the solutions that we all hope for in this important area. Creative solutions and perseverance will go a long way to success in one’s endeavors. So I would encourage your members to surround themselves with passionate, positive people and to strive to impact their world for the better whether it be in their communities, or at the workplace. Many of your members almost unaware serve as role models to people everyday. The work that you do is vital to our progress as a society. We applaud your efforts and take great pride in your accomplishments and our teamwork. Mobility Vehicle and Access Loans Reach $100 Million for AAPD Members at DCU Since AAPD and the Digital Federal Credit Union (DCU) began its partnership in June 2002, $100 million in mobility vehicle and access loans have been made to AAPD members! This unique partnership, designed specifically for AAPD, was originally formed to bring AAPD members, a wide range of easily accessible financial opportunities not often available to people with disabilities. Traditionally, financial institutions have only used a credit history approach to determine the credit worthiness of an individual. However, high medical costs and loss of income have negatively impacted the credit history of many people with disabilities and their families, thus keeping them from getting the capital they need to purchase mobility and access. Yet, because the purchase of equipment to meet mobility needs, making a home more accessible, or re-educating for a new career all cost money, a person with a disability’s vision for a better life is much more difficult to achieve without access to capital. AAPD member Virginia Brandley purchased a new accessible van and a new scooter after an auto accident made her van and scooter inoperable. She would drive by an auto dealer on her way to work. One day she noticed vans with their back doors open and thought, “wow these are wonderful, but I will never be able to afford one or be approved for a loan.” Something made her stop at the dealership. That dealer told her about AAPD and DCU. That is all history now as she is driving her new van and scooter and DCU worked out an affordable schedule where she has nine years to pay off the loan. “It took only two weeks for me to be able to drive my new van home.” Another AAPD member, Brent Watson also purchased an accessible van through the AAPD/DCU member benefit. Now he is also talking with DCU about establishing a line of credit for his business. According to Watson, the people at DCU are very informative about what financial programs they have without ever forcing any services on you. “At DCU, our vision as a credit union is that all members achieve financial well-being,” says Tim Garner, DCU’s VP Marketing/Strategic Planning. “Working with AAPD has given us a great opportunity to address the unmet financial service needs of the disability community. We trust the AAPD members who have used us are satisfied with the help we provide.” These are just two of many satisfied AAPD/DCU members. If you would like to learn more about the AAPD/DCU partnership and the loan and financial programs available to AAPD members, go to www.aapd.com. Editor’s Note: Every issue of AAPDnews encourages AAPD readers to take some kind of action on an impending piece of legislation. Because communicating with elected officials is so important, AAPD is re-running The Top Ten Ways to Effectively Impact Public Policy. We hope you will keep this information as a resource for future advocacy needs. Seeking Personal Impact on Public Policy? Here are the Top Ten Ways to Go About It Effectively Capitol Hill in Washington is awfully far away for most of us, and so are our state capitals. And yet, increasing job opportunities, eliminating discrimination, breaking down barriers, improving transportation, and providing health care and accessible affordable housing are extremely important issues today in political arenas – coast to coast. Contrary to what you hear or read in a lot of media, you don’t have to be a big money contributor or corporate lobbyist to get the attention of your U.S. Senator, representative or state legislator. You do need to know a few things about how to get his or her attention in an appropriate and effective way. First, know who they are. If you don’t know the name or address of your U.S. Senator or representative, check the government listings in your local phone book. If you don’t know your legislator, call the legislative “hotline” or clerk’s office at your state capital. Then reach out to your elected representatives or executive officeholders in ways that will prompt a response. So – with apologies to David Letterman – here is the AAPD Top 10 List of “ways to get to” your congressional representative, legislator, etc. 10. Write personal letters to them. Keep them short and punchy (one or two pages) and stick to one subject per letter. Try handwritten notes. Some representatives make it a point to read handwritten notes because they assume typed or computer generated letters are often part of an organized letter writing campaign. 9. Work through established advocacy groups like AAPD. If AAPD asks you to write letters, do it (see #10). 8. Join your business or professional group, local labor union or local advocacy group. If you are already a member, get more active by working through the group’s public affairs staff in Washington, DC or your state capital. Research and prepare to push the agenda of your group or your own pet issue. 7. Call your representatives in their district or capital offices. State legislators are particularly accessible. At first, you may not personally reach senators or congressional representatives, but you should reach a legislative aide or constituent affairs aide. It’s a start, so talk to them. Learn their names and office functions. Treat them courteously. Staff are very influential in what catches the eye or ear of an elected official. 6. If you are wired to the Internet, check the websites of your elected officials. Use their email, download their site information, and keep their responses to you. Interactivity is the newest and most novel way to “talk” to your elected officials. In some cases, it is the most effective way depending on the official’s Internet interest. 5. Work the bureaucracy. Ask legislators for specific constituent service help in dealing with a personal problem with the Social Security, Medicare, Medicaid, etc. Don’t forget to keep prodding U.S. congressional members and state legislators to support overall goals of the ADA, and disability public policy. 4. Write letters to newspaper editors about key issues that you know your elected officials will read – particularly in the home district or state. 3. Visit representatives in their district offices, attend their “town meetings,” and even volunteer to work in the campaign of a public official you believe in or who shares your convictions. 2. If you can, give campaign contributions ($) to public officials whom you would like to see be elected. Even small amounts are noticed and acknowledged in most congressional and legislative campaigns. And the #1 way: Network! Get your friends, family members, co-workers and neighbors to do all of the above, especially those who share your concerns and commitments. Making public policy in a democracy is a “contact sport” we all can – and should – participate in. Don’t be shy about using the Top 10 List. Let your passion about your favorite issues shine through in your communications. You will get attention on Capitol Hill and in your state capital. Error in Medicare & You Handbook The Center for Medicare Services has identified an error in the printed area-specific versions of the 2006 version of the Medicare & You handbooks that are already being mailed to beneficiaries. The error occurs in the comparison charts listing the Medicare Prescription Drug Plans (PDPs). Access the correct Medicare & You handbook on their website at www.medicare.gov. Would You Like to be Receiving Your Own Copies of AAPDnews? If you are not yet a member of AAPD, but find AAPDnews to be an informative and helpful publication, you can get issues mailed directly to you by joining AAPD (One year $15; Two years $25). To join or to renew your membership, send payment or credit card information to: AAPD Membership Services • P.O. Box 97045 • Washington, DC 20090 or join online at www.aapd.com How Does Election Reform Affect Me? Did You Know? • 56 percent of people with disabilities are not registered to vote? • Disability and service agencies are federally required to offer voter registration to all of their clients? • At approximately 20 percent of the voting-aged population, people with disabilities are the nation’s largest voting minority? • Many elected officials presume that people with disabilities don’t vote because they don’t see us voting on Election Day? Thanks to the Help America Vote Act (HAVA), which impacts every part of the voting process, people with disabilities are guaranteed inclusion and accessibility to the entire voting process, not just the act of voting itself. Not only election reform, HAVA is also a comprehensive piece of civil rights legislation meant to empower every American in the voting process with the ability to vote secretly and independently. • If you’ve tried to vote and been frustrated because your polling place is inaccessible, the U.S. Department of Justice (DOJ) issued a letter that says that both the voting system and the polling place where the voting machine is used must be accessible. • HAVA’s mandate of one accessible voting system in every polling place by January 1, 2006 means that people with disabilities will be able to vote privately and secretly on an accessible voting machine. HAVA’s goal is to make the entire process of voting as accessible as possible. • HAVA requires boards of election to attract new voters and broaden voting participation. When AAPD evaluated 740,000 public voting records in 2004, it found that 56 percent of people with disabilities are not registered to vote, compared to 30 percent of the general population. Since people with disabilities need to narrow the voting participation gap compared to the general population, it’s important for boards of election to offer permanent absentee ballots; post, publish and mail a Voter’s Bill of Rights; enact election day registration to increase turnout; and educate citizens about their voting rights. • HAVA recognizes the importance of voter registration by mandating every state to create a centralized, statewide electronic list of all eligible voters. States are required to create electronic links between the statewide voter list and databases maintained by the State Department of Motor Vehicles, Medicaid, and disability and service organizations. How many times have people with disabilities had an intake meeting for assistance and were not offered the opportunity to register to vote? HAVA wants to ensure that as many people are registered to vote as possible. The importance of voting for people with disabilities and nonpartisan voter registration is an AAPD priority. Voter registration is an essential key to empowerment for people with disabilities. Simply put, individuals with disabilities are not registered to vote at the same rate as the general population, yet comprise 20 percent of the general population. We are the nation’s largest minority and we are not even counted in the exit polls! HAVA’s deadlines are approaching and it takes your activism to help realize these mandates. Contact your local disability organization and engage your local board of election in a disability access dialogue. When people with disabilities register to vote, and when they empower themselves as voters with disabilities who vote in every election, including primary elections (a shrewd way to support candidates who are educated on disability issues), HAVA’s goals have been met. And, most importantly, people with disabilities will achieve the necessary political clout to impact decision-making in all levels of government. How You Can Help • Tell your board of election why a polling place is inaccessible. • Offer to test voting systems at the board of elections for accessibility. • Suggest vendors who can help boards make election materials accessible. • Get involved with election committees to represent the disability community when new policy is evaluated and adopted. • Know your jurisdiction’s Voter’s Bill of Rights. • Work with disability and social service agencies to make offering every client a voter registration form an automatic part of intake and form updates. • Urge your organization to participate in a nonpartisan, cross-disability statewide voter registration effort. • Vote in every election, including the primaries. For information, contact AAPD’s Disability Vote Project (800) 840-8844 (V/TTY). If You Don’t Vote You Live with Someone Else’s Priorities Year after year, Congress after Congress, disability issues are introduced and reintroduced and never make it out of committee. Did you ever wonder why? Why have The Medicaid Community Attendant and Support Services Act (MiCASSA) or the Family Opportunity Act never passed? They both seem like such rational, financially responsible measures. Why is the Family Medical Leave Act in trouble? Why do individuals who have weakened the ADA become judges in our state and federal courts? All of the House of Representatives and 33 members of the Senate are up for re-election. This is our turn to make a change in priorities. This is your turn to elect a Congress that will pay attention to people with disabilities. But you can’t do it if you don’t get registered and vote. We are the largest voting minority in the U.S. We could swing an election if we would register and vote. Think about that! And, it’s not limited to federal elections. We could swing local and state elections as well. If you want a better life for yourself and other people with disabilities you have to elect individuals who believe in your priorities. If you don’t vote, you live with someone else’s priorities. Watch Out for Medicare Part D Scams While you’re checking out all the promotions and getting ready to enroll in Medicare Part D (the new Medicare Prescription Drug Program), be careful you don’t fall into the trap of some scams out there, advises the American Association of Retired Persons (AARP). Among scams to watch out for are the following: • Signing up for a plan is free, so don’t let anyone charge you an application fee. • You won’t lose your other Medicare benefits if you choose not to join a Part D plan, so don’t let anyone tell you otherwise. • If you receive a telemarketing call trying to sell you a prescription drug plan, don’t pay over the phone. According to Medicare’s rules, outbound telemarketing may be used solely to solicit requests for pre-enrollment information, describe benefits, and to alert existing beneficiaries to new benefits or health-related offers. If you think you’ve seen an incident of fraud, contact Medicare or your state’s attorney general. To avoid telemarketing, you can add your phone number to the National Do Not Call Registry: Call (888) 382-1222 or visit www.donotcall.gov. New Web-Based Tool Helps People with Developmental Disabilities Transition from Medicaid to Medicare Prescription Drug Coverage In less than three months, an estimated half a million people with developmental disabilities will transition from Medicaid prescription drug coverage to Medicare’s new prescription drug coverage programs. In order to make that transition easier, a guide, Ensuring Continuity of Care for Dual Eligibles: A Guide to Transition From Medicaid to Medicare’s Prescription Drug Coverage, is now available at www.theDesk.info/PartD. The Disability Policy Collaboration, a partnership of The Arc and United Cerebral Palsy, developed the guide and the web tool was developed by TheArcLink Incorporated. Do You Believe in AAPD’s Mission, and Benefit from its Advocacy Efforts and Programs? Then please demonstrate your support now through a year-end gift. 2005 has been an important, pivotal year for AAPD. Not only is this the year in which we all celebrated the 15th anniversary of the passage of the landmark Americans with Disabilities Act (ADA), but 2005 also marks AAPD’s 10th anniversary. The organization’s founders had tremendous insight into the disability community, recognized a need in the community, and strove to meet that need by way of founding AAPD. In these past ten years, AAPD has played a critical role on a national level to the benefit of all people living with all disabilities in the U.S. Here are some important facts to remember: • AAPD is the largest cross-disability membership organization in the country. • AAPD membership offers benefits that are all-too-often not available to people with disabilities. • AAPD staff and board members are disability rights advocates whose knowledge and experience are known and respected in Washington, DC as well as nationally and internationally. • AAPD advocates for its members at the local, state and federal levels – with corporate America, with elected officials, and with the judiciary. • AAPD, through strong collaborations, links its members with other national disability and civil rights organizations. If you benefit from your AAPD membership, then you are asked at this year-end time to remember AAPD with a contribution. Just a small percentage of AAPD’s annual revenues come from member dues. A larger percentage is received in the form of government grants, and the largest percentage of revenues comes from corporate and foundation grants. To continue to be effective in soliciting and securing funding from outside sources, we must be able to demonstrate that AAPD’s own members are donors. Your support – in the form of a gift of any size that is comfortable for you – is encouraged. Help AAPD demonstrate to a broad range of stakeholders that its own membership is fully supportive of its programs, advocacy and long-range success. Thank you. ============================================== AAPD DONATION FORM Name: ______________________________________________________________ Address: ____________________________________________________________ City, State, Zip: _______________________________________________________ Contribution Amount: ____$10 ____$25 ____$50 ____$100 _____$250 ____$Other _____ I am enclosing a check or money order in this amount. – OR – _____ Please charge above contribution amount to my credit card: _____MasterCard _____VISA _____American Express _____Discover Card #: ______________________________________________ Name as it appears on card: _____________________________ Please return this completed form to: AAPD ?1629 K Street NW ? Suite 503 ? Washington, DC 20006 Thank you for your continued support of AAPD! How to Contact Us? For additional AAPD membership information or to join, call toll-free (866) 241-3200 (V/TTY), or visit the AAPD website at www.aapd.com.