Archive for September, 2009

National Council on Disability Calls for Health Care Reform for People with Disabilities

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NEWS RELEASE
NCD #09–588
September 30, 2009
Contact: Mark S. Quigley
202-272-2004

WASHINGTON—The National Council on Disability (NCD) today released a report entitled The Current State of Health Care for People with Disabilities, calling for immediate health care reform for people with disabilities.

According to NCD Chairperson John R. Vaughn, “NCD undertook this study in 2007 to focus the nation’s attention on the health care disparities experienced by people with disabilities, and to provide information and recommendations that can help to eliminate health care inequities for people with disabilities.“

The report provides a road map for eliminating the pervasive barriers to health care for people with disabilities, which will improve the quality of life, productivity, and well-being of greater numbers of Americans as the population ages.

Some of the recommendations include:

●        Congress should amend the Minority Health and Health Disparities Research and Education Act to broaden the definition of “health disparity population” found in 42 U.S.C. § 287c-31(d) to encompass “populations for which there is a significant disparity in the quality, outcomes, cost, or use of health care services o r access to or satisfaction with such services as compared to the general population,” as specified in 42 U.S.C. § 299a-1(d).
●        Congress should establish a technical assistance system through which states, health plans, clinics, hospitals, diagnostic and treatment centers, individual medical practitioners, equipment manufacturers, people with disabilities, and others can easily obtain centralized information on universal standards of care and related practical resources for ensuring full access to culturally competent health care services for people with disabilities.
●        The U.S. Department of Justice (DOJ) must step up monitoring and enforcement of the ADA and Section 504 of the 1973 Rehabilitation Act for health care facilities and programs. DOJ must focus additional resources on compliance monitoring and investigation of Title III complaints concerning programmatic access violations of the ADA and Section 504 by health care providers.
●        Congress should ensure that reform of the health care system in the United States responds to the basic needs of people with disabilities by making certain that health care coverage is available and affordable to all people with disabilities without pre-existing condition limitations.
According to NCD Health Care Committee Co-Chair Anne M. Rader, “People with disabilities bear a disproportionate burden of poor health compared with the general population and use preventive services at a lower rate than people who do not have disabilities.”

For many, health care in the United States is not always available or affordable, and gaps in coverage can present insurmountable obstacles to obtaining appropriate care and maintaining good health. Lack of health care provider education and disability cultural awareness and competency also creates significant barriers for people with disabilities when they try t o access care.

The root causes of these longstanding health and health care inequities involve multiple, complex factors that are embedded in the historical evolution of the nation’s health care structure, and the parallel research and public health emphasis on disability prevention and cure. One especially serious outcome of this evolutionary process is a highly fragmented health care delivery system, which is unable to reconcile the competing interests of cost containment and patient-centered care, which is an important tool for achieving culturally competent care for people with disabilities.

According to NCD Health Care Committee Co-Chair Victoria Ray Carlson, “Immediate action must be taken where existing research reveals the clear need for such strategies as enhanced health care provider education, greater clinical research, enhanced payment systems, and the removal of policy and procedural barriers and other physical barriers to receiving quality health care services.”

There is no simple solution to the complex and entrenched problems people with disabilities experience when they seek health care. Key elements of any move toward reform must include action by Congress, Federal agencies that have a role in health care, professional medical associations, organizations of medical educators, accreditation organizations, the public health community, and the disability community.

For more information or to receive a copy of the report, please contact NCD’s Mark S. Quigley, at mquigley@ncd.gov or by telephone at 202-272-2004.

# # #

Mark S. Quigley
Director of External Affairs
National Council on Disability
1331 F Street, NW, Suite 850
Washington, DC 20004
202-272-2008
202-272-2022 fax
www.ncd.gov

You also may want to join more than 2,000 subscribers who receive the latest news from NCD via its listserv. Please sign up at http://listserv.access.gpo.gov/ and click on On-line mailing list archives, then select NCD-NEWS-L and complete the short subscription form.

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Update: Captioning at Ohio State University Football Games

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9/25/09

For Immediate Release:

http://www.ohiostatebuckeyes.com/ViewArticle.dbml?SPID=0&DB_OEM_ID=17300&ATCLID=204801606

Fans attending the remaining home football games at Ohio State will notice captioning on the video boards and on select televisions throughout the concourse area, Gene Smith, Ohio State associate vice president and director of athletics, said Friday.

The captioning will include public address announcements and play descriptions along with the calls made by the on-field officials.

The initiative is designed to enhance the Fan experience, particularly those are deaf or hearing impaired.

“The university is constantly looking for ways to make experiences on the Ohio State campus better,” Smith said. “Whether it’s the experience of our students, visitors to the campus or fans at our athletic events, we are looking for opportunities to improve our services. With the advances in technology, captioning our football games is another way to enhance our fan experience.”

Captioning falls in line with procedures already practiced across campus. Universal Design, a philosophy already used in new construction and academic initiatives, looks for ways to make facilities and services accessible and useful for every member of the campus community.

Starting with the football game vs. Illinois Saturday, a line of text will be visible on the video boards in the south and north ends of Ohio Stadium. The text will appear along the bottom of the video boards. The north board, a new addition to Ohio Stadium this season, is a smaller mirror of the much larger south endzone board.

About half of the televisions in the concourse areas will carry the video board feed and will include the captioning seen in the stadium. The remaining televisions in the concourse will carry the network television broadcast without audio.

Captioning will originate in the video control room at the Schottenstein Center. All audio announcements made at the game over the public address system will be transferred to text at the Schottenstein Center and displayed on the video boards at the stadium.

Central Captioning is the company hired by the Ohio State Department of Athletics to provide the captioning service for the remainder of the 2009 season.

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Discrimination lawsuit filed against SU

George Eames George Eames
Susan Meyers Susan Meyers
Dr. Kofi Lomotey Dr. Kofi Lomotey

By Paul Gates – bio | email

BATON ROUGE, LA (WAFB) – A local community activist is calling Southern University on the carpet. He says Southern has largely ignored a federal civil rights act for nearly 20 years. Now, he says it’s time to hold their feet to the fire.

George Eames is very familiar with the American with Disabilities Act. The long-time civil rights activist is a handicapped man himself. He’s also a former president of the local NAACP. In 2006 Eames filed a complaint against Southern University alleging he was being discriminated against because of his disability. That complaint led to a lawsuit claiming Southern’s campus is not accessible to people with disabilities.

“I started to do some research about ADA, Americans with Disabilities Act and I found out there are federal laws that govern these particular violations and stuff.” Eames’ lawsuit claims Southern is ignoring the Americans with Disabilities Act of 1990. “They have a law center. Teaching law, and they don’t know they are in violation of the law. ”

Susan Meyers with the New Orleans Advocacy Center is Eames’ attorney. She says Southern has failed for far too long to accept the importance and necessity of making the university and its programs handicap accessible. “All we can say is that they have failed in this regard.” Over a long..over a long period of time, correct? “And did, not only over a long period of time but continuing right up through this day.”added Meyers.

George Eames has seen many athletic events in the facilities at Southern University. But he says he’s never been able to make Southern leaders see what he sees in the inacessibility of the disabled. ”This is not about me. I’m just the messenger. I want to help everybody.”

Southern chancellor Kofi Lomotey declined an interview Tuesday saying the university has been advised by legal counsel not to comment. He did release a statement, saying  “Southern University continually improves accessibility and comfort for persons with special needs at all of our athletic and educational venues. We will continue to treat our students, faculty, visitors and all others who have physical challenges with the courtesy and dignity that they deserve.”

http://www.wafb.com/Global/story.asp?S=11178620&Call=Email&Format=HTML

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Notice Concerning the Amercians with Disabilities Act (ADA) Amendments Acts of 2008

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Status Update: On September 16, 2009, the Commission voted to approve a Notice of Proposed Rulemaking (NPRM) [HTML] |  [PDF] to conform its ADA regulations to the Amendments Act of 2008. The NPRM was published in the Federal Register on September 23, 2009. The Commission has also issued a question and answer guide on the NPRM. Below is a summary of the changes made by the Amendments Act, which became effective on January 1, 2009. You may continue to check this space for periodic updates.


On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 (“ADA Amendments Act” or “Act”). The Act emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.

The Act makes important changes to the definition of the term “disability” by rejecting the holdings in several Supreme Court decisions and portions of EEOC’s ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.

The Act retains the ADA’s basic definition of “disability” as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that these statutory terms should be interpreted in several ways. Most significantly, the Act:

  • directs EEOC to revise that portion of its regulations defining the term “substantially limits”;
  • expands the definition of “major life activities” by including two non-exhaustive lists:
    • the first list includes many activities that the EEOC has recognized (e.g., walking) as well as activities that EEOC has not specifically recognized (e.g., reading, bending, and communicating);
    • the second list includes major bodily functions (e.g., “functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions”);
  • states that mitigating measures other than “ordinary eyeglasses or contact lenses” shall not be considered in assessing whether an individual has a disability;
  • clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;
  • changes the definition of “regarded as” so that it no longer requires a showing that the employer perceived the individual to be substantially limited in a major life activity, and instead says that an applicant or employee is “regarded as” disabled if he or she is subject to an action prohibited by the ADA (e.g., failure to hire or termination) based on an impairment that is not transitory and minor;
  • provides that individuals covered only under the “regarded as” prong are not entitled to reasonable accommodation.

EEOC will be evaluating the impact of these changes on its enforcement guidances and other publications addressing the ADA.

Effective Date:

The ADA Amendments Act is effective as of January 1, 2009.

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New Website: Comprehensive List of Country Name Signs

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WEBSITE: http://www.aslresource.net

COUNTRY SIGNS AROUND THE WORLD

Do you get tired of fingerspelling country names? Have you ever searched online for country name-signs but can’t find what you’re looking for? Problem solved! Check out www.aslresource.net

This website serves as a resource for those seeking to learn the signs for various countries around the world. A list of references is included to give credibility to the signs shown on the website and to acknowledge regional differences. When possible, both the American Sign Language sign and the indigenous sign are posted as well as the sign for some of the larger cities located within the country.

http://www.aslresource.net

CONTACT PERSON NAME: Carolyn Stephens
CONTACT EMAIL ADDRESS: carolyn.stephens@hotmail.com

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Fort Washington Medical Center to Ensure Effective Communication for Deaf or Hard of Hearing Patients HHS’ Office for Civil Rights and Fort Washington Medical Center Sign Settlement Agreement

WASHINGTON, Sep 14, 2009 (BUSINESS WIRE) –

Under a settlement agreement reached with the U.S. Department of Health and Human Services, deaf patients at the Fort Washington Medical Center in Prince George’s County, Md., will be screened and provided with sign language interpreters whenever interpreter services are necessary for effective communication.

The settlement was negotiated following an investigation by the Department’s Office for Civil Rights (OCR) in response to a complaint from a deaf patient.

The man entered the emergency room late one evening accompanied by his 11-year-old son. Although the man and his son requested an interpreter, none was provided, and the medical staff relied on the son to interpret for his father in the emergency room.

Federal laws prohibit discrimination against persons with disabilities, and require entities such as hospitals to provide effective communication for persons who are deaf or hard of hearing. OCR found that Fort Washington Medical Center violated the Rehabilitation Act of 1973 when it failed to provide the deaf patient with an interpreter during his emergency room visit.

OCR Director Georgina Verdugo states, “Hospitals have a legal obligation to ensure that qualified interpreters are available when needed for effective communication with deaf or hard of hearing persons, rather than relying on family members. This agreement helps the Fort Washington Medical Center fulfill this legal obligation by providing deaf or hard of hearing persons with appropriate language assistance to ensure effective communication.” “The Washington Lawyers’ Committee for Civil Rights & Urban Affairs applauds this settlement agreement, which will go far to ensure that hearing children of deaf parents are not required to act as interpreters for their parents in health care and other serious situations. This practice harms both the deaf parent and the child, and does not ensure effective communication for the deaf person in these critical moments,” said E. Elaine Gardner, director, Disability Rights Project, Washington Lawyers’ Committee, who filed the complaint on behalf of the deaf patient.

“We recognize the importance of accurate communication with patients, and we enthusiastically embrace the new procedures which are being implemented. Our goal is to ensure that all patients are able to communicate effectively with our health care providers,” said Verna S. Meacham, Fort Washington Medical Center’s president and chief executive officer.

A copy of the OCR letter of finding and the settlement agreement, along with more information about OCR’s civil rights enforcement activities, can be found at www.hhs.gov/ocr/civilrights/activities/agreements/.

OCR is partnering with the American Hospital Association and state hospital associations across the nation to raise awareness about requirements of the federal law. More information about the Effective Communication in Hospitals Initiative can be found at http://www.aha.org/aha/issues/Disparities/resources.html.

Note: All HHS press releases, fact sheets and other press materials are available at http://www.hhs.gov/news.

SOURCE: U.S. Department of Health and Human Services (HHS) CONTACT: HHS Press Office 202-690-6343 Copyright Business Wire 2009 -0- KEYWORD: United States

North America

District of Columbia

Maryland INDUSTRY KEYWORD: Health

Hospitals

Public Policy/Government

Public Policy

White House/Federal Government

Professional Services

Legal SUBJECT CODE: Contract/Agreement

‘Deaf Life’ Magazine Shines Light on Deaf Culture

Diana Louise Carter • Staff writer • September 14, 2009

When Matthew Scott Moore was studying social work and filmmaking at Rochester Institute of Technology, he realized media could be a powerful tool for change.

Today, after 25 years at the helm of his own production company and nearly 15 years of magazine publishing under his belt, he’s trying for international change.

Moore, 50, who lives in southeast Rochester, is working with a media company in Japan to launch a Japanese version of his monthly Deaf Life magazine.

Oh, did we mention that Moore can’t hear?

But all these years of publishing magazines and books, organizing events, running Web sites and making appearances haven’t been about what deaf people can’t do.

In Moore’s words, his purpose is “to show what the deaf community can do and what’s happening.” The change part comes in how deaf people are viewed and the opportunities that result.

Joan Naturale, a librarian at RIT’s National Technical Institute for the Deaf, called Deaf Life “a one-of-a-kind publication which brings together all facets of deaf cultural life.”

She mentioned articles on the history of Martha’s Vineyard, where all residents used to sign, and a profile on an artist who founded an art movement that expresses resistance to oppressive education of deaf students.

Moore’s company, MSM Productions, does some things for the hearing community, too, or at least for those in contact with deaf people.

There’s For Hearing People Only, a book, now in its third encyclopedic edition, that attempts to answer questions about the deaf world.

The chapters are taken from a column by the same name that appears in Deaf Life, which has published for a total of 15 years — there were some gaps — since 1987.

“My copy editor, Linda Levitan, and I started the ‘For Hearing People Only’ feature in Deaf Life as a result of the questions we’d been asked —’Do all deaf people read lips?’ ‘Is there one sign language for all countries?’ ‘How do deaf people use the telephone?’” he said in an e-mail interview.

“Evidently, the columns were a hit — I learned that teachers were photocopying and posting them on bulletin boards, distributing copies to students, making use of them. We were on to something!”

Moore said the book has become a popular text or assigned reading for high school and college courses in deaf studies, interpreter training and basic sign language. “That’s gratifying to know,” he said.

Naturale said Deaf Life is used in a similar way by students and educators.

“The content-rich magazine touches upon biographies of deaf people in myriad fields, technology such as mobile videophones and captioning, historical events, deaf education, social issues, controversies and cultural deaf expression (art, theater, poetry) that are of interest to the community,” she said by e-mail.

MSM Productions also runs a network of Web sites at www.deaf.com. The sites include a gallery of inspirational people, historical profiles, a bulletin board for the deaf community and a chat area, though the chat site is under renovation right now.

When Moore isn’t editing copy for the magazine or the Web, he’s preparing for events.

There’s the gala on Oct. 24 celebrating MSM Productions’ 25th anniversary and a conference for deaf Japanese-Americans to be held in Honolulu in December.

DCARTER@DemocratandChronicle.com

C-Print – National Technical Institute for the Deaf

Please share any professional development resources you may have for individuals working as C-Print captionists. I hope the information and resources contained here will be of benefit to you.

TEXAS SCHOOL FOR THE DEAF ATHLETE WINS TRACK AND FIELD GOLD MEDAL AT 2009 DEAFLYMPICS

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Texas School for the Deaf Press Release

Contact: Keena Miller

Phone: 512-462-5328, cell: 512-658-4444

Email: Keena.miller@tsd.state.tx.us

FOR IMMEDIATE RELEASE

Austin, Texas – September 9, 2009 In Taipei today, Texas School for the Deaf (TSD) graduate and star athlete Delvin Furlough, took first place in the Men’s 400 meter track and field event. Furlough’s time of 48.16 earned him his first gold medal at the 2009 Deaflympics. Furlough competes in the 100 meter and the 400 meter relays on September 12.

Originally from Dallas, Furlough graduated from the Texas School for the Deaf in 2009, where he excelled in both football and track. He competes among more than 4,000 athletes from 85 countries in Taipei, where opening ceremonies were held Sunday. He is one of several athletes and coaches from Texas participating in the 21st Deaflympics. Visit http://www.2009deaflympics.org/ for the latest updates.

With a strong belief in culture and community at TSD, students form a unique identity based on their individual strengths and talents, rather than their disabilities. TSD is an environment where students learn, grow, and belong. For more information about TSD, visit www.tsd.state.tx.us.

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Role of Disabilities Ignored for Tens of Millions Experiencing Income Poverty

FOR IMMEDIATE RELEASE
September 9, 2009
12:01 PM

CONTACT: Center for Economic and Policy Research (CEPR)
Alan Barber, 202-293-5380 x115

Nearly Half of all Working Age Adults Experiencing Poverty have a Disability

WASHINGTON – September 9 – When the Census Bureau releases its yearly data on income poverty this Thursday, there will likely be little focus on disability as a cause and consequence of poverty. Yet, as a new report from the Center for Economic and Policy Research (CEPR) shows, the share of people experiencing income poverty who have disabilities is far larger than conventionally understood. Nearly half of all working-age adults experiencing poverty during the year have a disability, and more than half of household heads will experience a period of disability by their mid-50s.

The paper, “Half in Ten: Why Taking Disability into Account is Essential to Reducing Income Poverty and Expanding Economic Inclusion,”reviews recent research on disability and poverty that finds higher rates of disability over the life cycle and among persons experiencing poverty than earlier research. This research employs newer, sophisticated data sources and defines disability in a way more consistent with the modern consensus.? Among the key findings:

  • Almost half of working-age adults who experience income poverty for at least a 12-month period have one or more disabilities.
  • Nearly two-thirds of working-age adults who experience consistent income poverty-more than 36 months of income poverty during a 48-month period-have one or more disabilities.
  • Male household heads reaching their mid-50s have a 53 percent chance of having been disabled at least once and a 19 percent chance of having begun a chronic and severe disability.
  • People with disabilities are much more likely to experience various forms of material hardship-including food insecurity, not getting needed medical or dental care, and not being able to pay rent, mortgage, and utility bills-than people without disabilities, even after controlling for income and other characteristics.
  • Measures of income poverty that fail to take disability into account likely underestimate the income people with disabilities need to meet basic needs.

“These new findings show that any serious attempt at an agenda to reduce income poverty must take disability into account as both a cause and consequence of poverty,” said Shawn Fremstad, the author of the report.

“Of particular importance,” he adds, “are policies to ensure that all Americans have health insurance and quality care, provide paid-sick-days and paid-sick-leave to workers, and the modernization of Social Security for people with disabilities.

Click HERE for the full report

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The Center for Economic and Policy Research (CEPR) was established in 1999 to promote democratic debate on the most important economic and social issues that affect people’s lives. In order for citizens to effectively exercise their voices in a democracy, they should be informed about the problems and choices that they face. CEPR is committed to presenting issues in an accurate and understandable manner, so that the public is better prepared to choose among the various policy options.


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