CIDNY on the Issues

Help Keep NYC Streets Accessible

2011-09-09T05:40:00.000-07:00

Disability Rights Advocates want to ensure that people with disabilities have equal access to New York City sidewalks. You can help. Disability Rights Advocates, a non-profit legal center dedicated to securing the civil rights of people with disabilities, is researching sidewalk access barriers caused by construction sites.

If you encounter a construction site that blocks your access to the sidewalk, and there is no accessible alternative, we want to know about it!

Please send photos of:

Any sidewalk access barriers you encounter to ADAConstructionBarriers@dralegal.org with the address of the barrier in the title of the email.
If you cannot send us a photo, please send us a detailed description of the barrier and its location.
Your name and contact information would also help us immensely.

Examples of barriers include:

Ramps that are too steep, poorly constructed, or have a lip that prevents a wheelchair user to safely use the ramp.
Construction sites mark dangerous areas and paths of travel in a way that people who are low vision or blind will not understand the warning.
Objects protruding into the sidewalk may pose threats to people with vision disabilities if unmarked.

Again: if you have encountered a sidewalk barrier due to construction, we would greatly appreciate it if you could send a picture of the barrier, its location and a brief description, as well as your name and contact information to ADAConstructionBarriers@dralegal.org. Please rest assured that any and all responses will be kept confidential unless the
individual responding authorizes their release.

CIDNY Get's New Website

2011-07-14T12:20:00.000-07:00

CIDNY

Learning Center Aligns with New Approach in Education

2011-06-28T07:22:00.000-07:00

“To help students who struggle with learning difficulties, we need to consider how their brains work, how they develop emotionally, and how they learn.”

http://www.prweb.com/releases/yellincenter/mindbraineducation/prweb8603517.htm

Your OWN Show Webisode - Zach Meets the Press

2011-02-24T06:52:00.000-08:00

He is really a rockstar!

Marilyn Saviola, Independent Woman | StoryCorps Facilitator Weblog

2010-05-10T14:10:00.000-07:00

Marilyn Saviola, Independent Woman | StoryCorps Facilitator Weblog

In Memory of Harry Weider

2010-05-04T09:05:00.000-07:00

“Smart. Analytic. Relentless. Radical. Acerbic. Funny. Avid. Flirt. Outrageous. Supportive. Concerned. For 20 years, Harry was a friend and fellow combatant on health, gay rights, and disability issues. He had a “justice” meter inside his head that led him to question what others take for granted.” -Susan Dooha-

Solutions on the Horizon for Expensive Health Insurance

2010-04-19T10:30:00.000-07:00

In New York insurers must offer individual health insurance policies to everyone at the same premium regardless of health status, age, or gender. Because healthier people have been dropping their coverage as premiums increase, premiums for everyone left have gotten higher still. This situation is called “the adverse selection death spiral.” Read what New Yorkers for Accessible Health Coverage Legislative Counsel Mark Scherzer had to say in Sunday’s New York Times about how federal health care reform could help New Yorkers when the new marketplace begins to cover everyone in 2014. He and others also discuss how important it is that the New York State legislature pass legislation requiring all premium increases to be approved in advance by the State Insurance Department to hold down costs to consumers in the meantime. Read about it here and let us know your experience paying for health insurance coverage.

How Will Health Care Reform Impact New Yorkers?

2010-04-07T11:35:00.001-07:00

Health Care Reform is finally law. But how it will affect us in New York will depend on many decisions made about implementation. Read what New Yorkers for Accessible Health Coverage (NYFAHC) Legislative Counsel, Mark Scherzer, had to say in the Huffington Post about what we still need to do to improve the situation for sicker consumers who need to buy their own coverage here. Just click on “Mark Scherzer” in the article to reach his comments. And tell us how you think health care reform will change or not change your situation.

The Governor’s Proposal to Cut Services Lead to Worse Outcomes for People with Disabilities and May Cost Tax Payers More

2010-03-01T08:21:00.000-08:00

People who are able to survive and thrive in their own homes may soon lose their independence and their health if the Governors proposal to limit personal care services passes. Their only alternatives may be to move into managed care programs that are not designed for them, or to move back into institutions such as nursing homes.

Currently, 5,000 of the 73,000 individuals receiving home care have such severe disabilities due to advanced Parkinson’s disease, multiple sclerosis, stroke, Alzheimer’s disease, quadriplegia and other disabilities, that they need assistance day and night. They are medically stable, but need personal care services to help them to go to the bathroom, administer a nebulizer or oxygen, and turn over in bed to prevent deadly pressure sores that require hospitalization, or stay safe when they wake up at night.

New York has just begun to implement a Long Term Care Assessment Center demonstration program. This demonstration should be given an opportunity to show that it can identify any over-utilization that might exist and substitute an appropriate level of service before a drastic statewide cut for thousands of vulnerable people who could be harmed by limiting care.

If you would like more detailed information on the Governor’s proposal, click here. If you would like to join our effort to change the Governor’s mind and you receive more than 12 hours of personal care, contact Heidi Siegfried a hsiegfried@cidny.org or 646.442.4741.

For People with Serious Illness and Disabilities, “Cadillac” Health Plans are the dependable “cars” they need.

2010-01-06T08:13:00.000-08:00

Rather than tax millionaires to help finance health care reform, as the House bill does, Senate health reform legislation taxes comprehensive group health policies, called “Cadillac” plans. To avoid the tax, recent surveys of employers tell us that 87 percent would reduce comprehensive benefits, leaving many without adequate coverage. Mark Scherzer, Legislative Counsel to New Yorkers for Accessible Health Coverage (a project of CIDNY), explains in a letter published in the New York Times why comprehensive coverage is indispensible to people who are seriously ill and disabled. Read his letter and the article he is responding to here.

New York State Juvenile Justice System Sued for Abuse of Children with Disabilities

2010-01-04T12:53:00.001-08:00

Many of the young people who enter juvenile justice facilities have mental illness, developmental disabilities, or both. According to the U.S. Department of Justice and advocates, instead of receiving treatment, these young people are often abused by facility staff. A complaint has been filed in federal court to end the use of excessive force and to get these children with disabilities the mental health treatment that they need.

To learn more, read the complaint by the Legal Aid Society of NYC, and an article in the New York Times

summarizing the lawsuit.

Adult Home Residents Demand that the Governor Obey the Law

2009-12-01T07:53:00.000-08:00

Residents of adult homes and advocates for independent living held a rally on November 24, 2009, outside Governor Paterson’s Manhattan office timed to coincide with a rally and press conference in Albany. They demanded that Paterson obey a court decision ordering him to move 4,300 residents out of adult homes and into community apartments with any needed supports. The order covers 28 adult homes that are particularly large and institutional; with more than 250 residents per facility. A resident attending the rally described his adult home as “a hellhole.”
The Governor has told the court that instead of moving 4,300 residents into real homes, the state will only move 1,000, and even this may not happen if the Legislature does not put money in the budget specifically for this purpose. He claims that the state has no money to move people out of these institutions, even though people with disabilities know that anytime people move from a restrictive institution back into the community, with appropriate supports, the state saves money.

The Department of Justice has intervened to tell the Governor to obey the law, citing failure to comply with the Supreme Court’s Olmstead decision since 2002 and echoing the sentiment of the crowd at the rally…the Paterson plan is too little and too late.

NEW YORK’S BUDGET CONVERSATION IS SPINNING OUT OF CONTROL: “OPTIONAL” MEDICAID SERVICES AND POPULATIONS ARE ANYTHING BUT OPTIONAL

2009-11-18T13:57:00.000-08:00

Some lawmakers want devastating cuts in the safety-net that will jeopardize New York’s health and safety. They’ve put vital services and people’s lives on the table to achieve short-term savings. The problem is that their short-term cuts to coverage of people and services will cause an immediate skyrocketing of much more intensive and expensive Medicaid hospital and nursing home costs to the State and the counties. The State will sacrifice federal dollars that flow into our local communities and create jobs.

Our seniors, people with disabilities and children are being endangered. Children without health care cannot fight H1N1. Adults without wheelchairs will be imprisoned in their homes. Diabetics with no dental care will rapidly develop uncontrolled bacterial and fungal infections that can be life-threatening. Children using ventilators at home will be institutionalized and lose their childhoods. Individuals without eyeglasses or hearing aids won’t be safe on the streets. Patients who don’t understand their doctors language will take the wrong dose of medication and need hospital care. Seniors who can’t shop, cook or safely go to the toilet will be in nursing homes by week’s end. Families on the edge will break without clinical psychological help.

This is the wrong medicine for New York—our Medicaid program keeps us safe and well. We’re better than this. Say no to cuts to Medicaid “optional” people and care.

Tell them that cutting “optional” Medicaid people and services is unacceptable. We will hold them accountable.Call These individuals immediately!

Senator Skelos: 518-455-3171

Assemblymember Silver: 518-455-3791

Senator Sampson: 518-455-2788

Senator Kruger 518-455-2460

Senator Padavan 518-455-3381

Do you feel offended by the Travel Channel’s broadcast of a live “ghost hunting” show from a locked-down former mental hospital?

2009-11-05T13:38:00.000-08:00

GHOST HUNTING SHOW AT ASYLUM DRAWS FLACK (Tuesday, October 27, 2009)

A Travel Channel show is hosting a live lockdown for Halloween, but disability rights advocates worry ghost hunting events produce negative stereotypes about people with mental illness. The Trans-Allegheny Lunatic Asylum was built in the late 19th century.

….The hospital performed intense therapy on patients for many years. Neurologist Walter Freeman spent some time practicing at the hospital. He is considered to have perfected a graphic procedure commonly known as an ``ice-pick lobotomy.''

Read more at:
http://online.indianagazette.com/articles/2009/10/28/news/us_and_world/10026785.txt
Click on “comments” below to post your opinion about this show, or send feedback to the Travel
Channel at: http://www.travelchannel.com/About/Viewer_Relations

You may be more offended by the real-life scary budget news coming out of Albany:

For the next few weeks, the State will be deciding how to balance this year's budget. A lot of bad ideas have been proposed.

People with disabilities are being hit from both sides of the political aisle.

Governor Paterson has refused to consider raising taxes. Instead he wants to:

• Cut SSI benefits by $11 million over the next 5 months
• Cut home care and personal care services by $52 million
• Cut $17 million from education for children with disabilities

Meanwhile New York Republicans want to eliminate all Medicaid services that are labeled "optional" by the federal government. These include many services that people with disabilities need more than others do:

• Respiratory care for people dependent on ventilators
• Wheelchairs, canes, walkers, and crutches (except from a hospital stay)
• Supplies, such as bandages, ostomy bags, and compression stockings
• Physical therapy
• Speech therapy
• Occupational therapy
• Artificial limbs
• Eyeglasses
• Hearing Aids

Please tell the Governor and your State Senator that you don't want any cuts that target people with disabilities!

Click here to find a pre-written email letter that you can change to express your personal views: http://capwiz.com/cidny/issues/alert/?alertid=14263776

Should wheelchairs and medicine be optional?

2009-10-23T08:26:00.000-07:00

New York State Republican legislators have proposed eliminating Medicaid “optional services” These are important services, not required by the Federal Medicaid program, which New York has historically included in its Medicaid benefit package and which survived Governor Pataki’s repeated attempts to cut them in the 1990’s. These include dental services, drugs, personal care, physical therapy, dentures, eyeglasses, and durable medical equipment.

But such cuts now could be illegal under the American Recovery and Reinvestment Act, otherwise known as the “stimulus bill”, which requires states receiving enhanced federal matching dollars for their Medicaid program to maintain Medicaid eligibility as of July 1, 2008 in exchange for the money. Read about the litigation resulting from California’s attempts to cut adult dental, speech therapy, podiatry, audiology, chiropractic services, optometry, and psychology services, from their Medicaid program here and let us know what you think.

Wellness Programs Discriminate Against People Based on Health Status

2009-10-13T07:53:00.000-07:00

Health insurance reform proposals have been applauded for preventing insurance companies from denying coverage or varying premiums based on a person’s underlying health status, but an amendment that is in the Senate Finance bill could introduce a new way to discriminate against those with less than perfect health.

It would expand the ability of insurance companies to vary premiums, deductibles or co-payments based on health status factors such as weight, blood pressure, high cholesterol, waist circumference and others. People with serious illnesses and disabilities might only be able get affordable coverage if their doctor certified that a health status factor makes it unreasonably difficult or medically inadvisable for the individual to satisfy or attempt to satisfy the otherwise applicable standard. High deductibles or co-payments could make it harder for people to manage chronic conditions.

This could also pose significant problems for low income people who might have more than one job, be managing work and family, or have limited access to healthy food. There are the individuals that need coverage the most to help them address risk factors for chronic disease and other health issues.

Call 877-264-4226 to be connected to the Capitol Switchboard and ask for Senator Gillibrand’s Office. Tell her that Wellness Programs are Discrimination based on Health Status and should not be in the final bill.

Schumer was one of four who voted against the Carper-Ensign wellness amendment in the Senate Finance Bill, but he should also be shored up as Baucus and others switched at the last minute.

You can listen to What experts said on NPR here. And read New York Times coverage of the issue here. And thanks for everything you do.

Governor Paterson Vetoes the Poll Site Accessibility Bill

2009-10-07T07:47:00.000-07:00

In a move incomprehensible to disability rights advocates, the Governor killed the Poll Site Accessibility Bill on September 16th. The bill would have required all poll sites to comply with the accessibility guidelines of the ADA and put an end to the practice of granting waivers that allow counties to continue using inaccessible sites. Disability advocates have been working to make this bill law since 2001.

http://www.timesunion.com/AspStories/story.asp?storyID=849430&category=LETTER&BCCode=OPINION&newsdate=10/5/2009

Don't Cut Medicaid for Working People with Disabilities

2009-10-01T07:15:00.000-07:00

New Yorkers for Accessible Health Coverage learned last week that a little noticed provision in the Chairman’s Mark of the Senate Finance America’s Healthy Future Act of 2009 would jeopardize the ability of people with disabilities to work and keep critical health care coverage. It would eliminate Medicaid income disregards which are not attached to the receipt of cash assistance.

In New York we have Medicaid Buy-in for Working People with Disabilities, which allows people to keep their Medicaid coverage for things that are absolutely necessary to maintain their health and functioning -- such as durable medical equipment, hearing aids, medical supplies, and home care – things which they cannot necessarily get through Medicare or will be able to get through a Health Care Exchange. These people have their income calculated using “SSI related” earned income disregards. Current law does not permit states to use different rules to calculate income if any individual might lose eligibility as a result. The Baucus proposal would mandate that thousands of working New Yorkers with disabilities lose their eligibility for Medicaid unless they stop working or work only part time.

Because people with disabilities cannot go without the health care they receive through the Medicaid program, we do not believe that eliminating these disregards will significantly decrease the number of people receiving Medicaid or save the government a sizeable amount of money, but it will decrease the opportunity for people with disabilities to have more meaningful productive lives.

Please call Senators Baucus, Schumer, and Gillibrand today and ask them to remove the language in the Chairman’s Mark which would eliminate Medicaid income disregards effective January 1, 2014.

Use the toll free number 1-800-828-0498 to reach the Capitol Switchboard and ask to be put through to the offices of Senator Baucus, Senator Schumer, and Senator Gillibrand.

The elimination of income disregards will also impact an untold number of other “dual eligibles” who are eligible for both Medicare and Medicaid. We are continuing to review the this proposal’s impacts and others and will be raising this issue with our congressional delegation. The provision is not in H.R. 3200, the House health care reform bill. Our position paper on the issue is attached.

STARTING SCHOOL FOR CHILDREN WITH DISABILITIES

2009-09-09T12:09:00.000-07:00

What if your daughter arrives for her first day of school and she’s told there is no classroom for her?

What if your son needs an accessible school bus, but the bus that shows up for his first day of school is not accessible?

The start of school is exciting for some children, while for others it can be filled with frustration and worry. Last year many students with disabilities were turned away from their assigned schools, while others had to miss their first day because of school bus foul-ups. Some children had to wait weeks or months to get the supports they needed.

CIDNY is a member of the ARISE Coalition, which has prepared a guide with answers to the questions that students with disabilities and their parents often have at the beginning of the school year.

PROBLEMS WITH THE START OF SCHOOL?

Have you or your child ever had trouble with the school system because of a disability? You can tell us about it by clicking on “Comments” below.

Health Care Community Walk and Rally

2009-08-31T12:01:00.000-07:00

CIDNY, New Yorkers for Accessible Health Coverage, and Health Care for All New York joined 3,000 other ralliers (NYPD crowd estimate) on Saturday to say "yes!" to REAL health care reform and to say to President Obama and our congressional leaders "go back to DC and get the job done!", so that no one in America will ever again have to go without health care or fear financial ruin because of serious illness or injury. View the wabc evening news coverage here.

http://abclocal.go.com/wabc/video?id=6989594

"Activism and Ableism"

2009-08-14T09:13:00.000-07:00

A woman with a disability blogs on Feministing Community (www.community.feministing.com ) about whether she can be considered an activist feminist when she has too little energy to take part in "things like community organizing, participating in marches and rallies, or volunteering at organizations you think help the community." She wonders whether "most people see writing letters and whatnot as perfectly adequate activism". If they don’t she suggests that “there may be some kind of ableist bias in that preference”.

Read this thoughtful item and see how her readers, with and without disabilities, responded to her question.

"Activism and Ableism" - http://community.feministing.com/2009/08/activism-and-ableism.html

What do you think an activist does? Click on "comments" below to tell us your thoughts.

An Easy Way to Get Comfortable with the New Accessible Voting Machines

2009-08-10T07:34:00.000-07:00

When we go to our poll sites to vote, we now have the option of using a machine called a Ballot Marking Device (BMD), which has accessible features that allow voters with disabilities to make their choices privately and independently. People who have difficulty standing, reaching and operating the levers, or reading the candidate’s names will find that the BMDs offer a more comfortable voting experience.

Although the BMDs have been available at every polling place in NYC since the fall 2008 elections, many people shied away from trying them during the high stakes setting of a poll site. Now, the Board of Elections is hosting BMD Learning Centers several weeks before the September primary (see the attached schedule). This means you have the opportunity to get comfortable using the machines before an election. Organize a field trip with a group of friends at one of the locations listed below and find out for yourself how the Ballot Marking Device works. The following press release was sent by the Board of Elections.

THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK WILL HOST BALLOT MARKING DEVICE (BMD) LEARNING CENTERS FOR THE PUBLIC PRIOR TO THE FALL 2009 ELECTIONS.

The Board of Elections in the City of New York will host several Ballot Marking Device (BMD) Learning Centers in August and September 2009. The BMD Learning Centers give the public an opportunity to view and practice using the same type of BMDs that will be available to New Yorkers at their regular polling places during the upcoming 2009 Elections.

“Those who visit a BMD Learning Center will be able to practice using the device at their own pace and staff members will be on hand to offer assistance and answer any questions,” stated Commissioner of Elections in the City of New York, Juan Carlos “J.C.” Polanco.

The Help America Vote Act of October 2002 requires that voters with disabilities be able to cast a ballot in the same place and manner and with the same degree of privacy as all other voters. The BMD allows all voters, including voters with disabilities, to mark a ballot privately and independently. The BMD does not count votes. It merely marks the voter’s selections on a paper ballot to be counted with other paper ballots on Election night. There will be at least one BMD in each poll site for voters who wish to use them during the upcoming Fall 2009 Primary and General Elections.

“We encourage voters to visit a BMD Learning Center in the coming weeks. Practicing with the BMD will help voters feel more comfortable using the device on Election Day,” stated Executive Director of the Board of Elections in the City of New York, Marcus Cederqvist.

The BMD Learning Centers will be held at the Board’s General Office and in each Borough Office. No appointments are necessary. The schedule and location of each BMD Learning Center is as follows:

http://www.vote.nyc.ny.us/pdf/documents/boe/BMDLearningCenterSchedule.pdf

What Constitutes Adequate Health Insurance? Karen Politz’s evaluations tells us more

2009-08-04T07:44:00.000-07:00

A critical decision congressional policy-makers must make in health reform is to define what constitutes adequate health insurance. Minimum coverage standards have been suggested, and one potential benchmark often mentioned is Federal Employees Health Benefits Plan (FEHBP), the health insurance program for federal employees and members of Congress.

Karen Politz of Georgetown’s Health Care Policy Institute considered the coverage provided by the plan most often chosen by federal employees, for four serious medical conditions -- breast cancer, colon cancer, heart attack, and diabetes – and estimated what patient out-of-pocket treatment costs would be under the plan. The conditions chosen are examples that occur commonly in the population and that generate the kinds of large medical expenses for which most people would hope to have health insurance protection. Patient-care scenarios were developed based on published treatment guidelines and the patients were assumed to have no other complications. Yet out-of- pocket costs to the patient ranged from $10,000 – $13,000 for the woman with breast cancer to 15,000 -$17,000 for the colon cancer patient. Out–of-Pocket costs for a well controlled diabetes patient amounted to more than $7,000 a year. Read the report here.

Insurance may not protect you from Medical Bankruptcy

2009-07-02T11:47:00.000-07:00

So far in Health Care Reform, Congress has given us few details about what benefits will be included in the insurance coverage offered. If that coverage is not comprehensive and out-of-pocket costs are not capped, a single diagnosis could lead to bankruptcy. Read this New York Times story about what happened to one limited benefit policy holders here.

HCFANY Update on 2009 Insurance Bills Pending in the NYS Legislature

2009-06-23T07:21:00.000-07:00

Update on 2009 Insurance Bills Pending in the NYS Legislature
Health Care for All New Yorkers (HCFANY) has provided an update on pending legislation that affect coverage for New Yorkers. For more information, please click here.

Does the Americans with Disabilities Act Protect Supreme Court Nominees?

2009-05-27T09:24:00.000-07:00

A CIDNY original article, May 27, 2009

In President Obama's speech nominating Sandra Sotomayor to the Supreme Court, he mentioned her Type I diabetes in a context suggesting that while others told her it would limit her achievements, she broke through this stereotype.

The President said, "It's my understanding that Judge Sotomayor's interest in the law was sparked as a young girl by reading the Nancy Drew series. And that when she was diagnosed with diabetes at the age of 8, she was informed that people with diabetes can't grow up to be police officers or private investigators like Nancy Drew. In essence she was told she'd have to scale back her dreams."

However, it appears that the young Sotomayor took the warnings to heart and changed her dream from being like Nancy Drew to being a judge like the ones on the Perry Mason show. The obvious irony was that she was diverted to an even more ambitious dream.

It will be interesting to see how Congress, the media and Sotomayor herself treat her chronic illness during the confirmation hearings. Her opponents are unlikely to suggest that she will be unqualified to serve on the Supreme Court because she is a woman, a Latina, and a product of a public housing project in the Bronx (among many other experiences) .

However, it seems already to be fair game to speculate about her diabetes, even though her extraordinarily successful career shows that it has not interfered with her ability to work.

Should Congress avoid mentioning her disability because the Americans with Disabilities Act (ADA) bars employers from asking about the "existence, nature or severity of a disability"? Is Sotomayor covered by the ADA?

She would not be considered "disabled" under the category that defines disability as "an impairment that limits one or more major life activities". However, there is a category that protects people who are considered by others to have a disabling condition, and the quotations below show that Sotomayor fits that definition.

Imagine if remarks like those below were made about Sotomayor being a woman or a Latina, or if men were rejected from the Supreme Court because they don't live as long as women:

From " ‘Kid From the Bronx’ With Hopes and Doubts, " by Neil A. Lewis, May 26, 2009, New York Times:
Her diabetes, for which she takes insulin daily, has not proved to be a problem, but some have speculated as to whether her illness could or should be an issue in terms of her projected longevity on the court, because of the potential for complications.

From "Sotomayor's Diabetes: Will It Be a Handicap?" by Alice Park Tuesday, May 26, 2009, on the TIME Magazine website:
The nominee's chronic condition is worth noting, since it puts her at increased risk of several serious medical conditions, including heart disease, kidney problems, blindness and nerve damage — and an increased risk of early death. Studies show that adults with diabetes are two to four times more likely than non-diabetics to die of heart disease. But when treated correctly, say doctors, Type 1 diabetes patients are able to lead relatively healthy lives. The latest data suggest that patients can successfully manage the disease for four or five decades with no serious health complications.

From "Sotomayor's Medical History Sparks Wider Debate," by Sam Stein on the Huffington Post blog:

A frontrunner for the post, Judge Sonia Sotomayor of U. S. Court of Appeals for the Second Circuit, is a Type One diabetic. It is one of the more compelling aspects to an already compelling biography. And while hardly a debilitating disease -- indeed, recent medical advancements have made it quite manageable to live with -- there remain enough late-in-life health implications to have sparked debate in legal, political and medical circles. Just how relevant are medical issues to Sotomayor's or any other potential Supreme Court nomination?
"It is obligatory [to look at this]” said Jeffrey Toobin, a legal analyst for CNN and author of The Nine: Inside The Secret World of the Supreme Court. “The issue of duration of service for a Supreme Court nominee is critical to any president, and thus health and medical issues are very much at the forefront of their considerations... It would be irresponsible for any president not to make the health of the nominee a major subject of concern, because presidents want decades of service from their nominees.”
Added another political operative who has worked on judicial nominations in the past: “I don't even think it is very sensitive. I think it is just obvious.... It is part of who we are. And so I think you find that there is almost in this day and age, there is almost no area of inquiry that is out of bounds.”

CIDNY hopes that Congress will look to a recent court decision as a guide:

D.C. Federal Court Rules People with Diabetes Cannot be Denied Employment Based on Disease Management, Press Release, American Diabetes Association, May 21, 2009

Yesterday, a jury in the United States District Court for the District of Columbia found that the Federal Bureau of Investigation (FBI) discriminated against Jeff Kapche when it refused to hire him as a Special Agent because of his diabetes.

The American Diabetes Association (ADA) celebrated the verdict. "ADA has long advocated that each person with diabetes should be judged based on his or her merits, not on stereotypes. This is an important victory as we march towards a world in which each person with diabetes is judged fairly," said John Griffin, Vice-Chair of the American Diabetes Association and one of the lawyers who represented Kapche.

In the case, Kapche v. Holder, the FBI contested that Jeff Kapche, a 15-year law enforcement veteran, could not perform the job of an FBI Special Agent because he chose to manage his type 1 diabetes with insulin injections. The FBI argued that its policy requiring Special Agents to manage their diabetes with insulin pumps was necessary given the unpredictable nature of the job, ignoring both medical evidence about injection therapy and Kapche's own impeccable record of diabetes management without complications.

"I am thrilled the jury understood that the FBI’s decision was discriminatory and that I could be a good Special Agent," said Kapche. "I don't want anyone else to go through what I have experienced and I hope this jury verdict sends the message that employers should look at each person as an individual, not simply someone with a disease."

Kapche was also represented by Kathy Butler, a member of ADA's Legal Advocacy Subcommittee. "The jury understood that ignorance of diabetes leads to discrimination and that is just plain wrong. Because of Jeff Kapche, others with diabetes no longer need to check their dreams at the door," said Butler.

Kapche, who is currently a detective with the Fort Bend County, Texas Sheriff's Department, had previous experience fighting discrimination when he was denied employment with the San Antonio Police Department, also because of his diabetes. That case wound up in the United States Court of Appeals for the Fifth Circuit which ruled such blanket bans were unlawful. Before applying to the FBI, Kapche was assured that his diabetes would not stand in the way of his becoming a Special Agent.

Know Your Rights in Airports and Airplanes

2009-05-21T08:57:00.000-07:00

Since May 13, 2009, new requirements have come into effect under updated Air Carrier Access Act (ACAA) regulations. Key changes include:
• Coverage is extended to foreign carriers;
• There are new requirements for airport and aircraft regarding accessibility, services such as reservations, and communication for passengers who are deaf or hard-of hearing;
• There are new requirements for passengers to give 48-hour advance notice before flight if they use respiratory assistive devices or travel with emotional support or psychiatric service animals. Travelers with such animals may also have to provide documentation.

You can find details about the changes in "An Overview of the ACAA" on this website:
http://www.southwestada.org/html/publications/ebulletins/legal/2009/may2009.html

Another Barrier to Living in the Most Integrated Setting

2009-05-15T11:26:00.001-07:00

What happens when no one remembers why a person is living in a state facility? They stay there until someone investigates whether they need to be there.

Two disability-rights group are suing OMRDD for refusing to release the records of residents in the O.D. Heck Center. The advocates were trying to determine whether there was a possibility that the Center was warehousing people who might be better off in community settings.

To read more about the lawsuit, go to: http://www.timesunion.com/AspStories/storyprint.asp?StoryID=800016

ADAPT goes to DC to fight for the Community Choice Act

2009-05-05T07:23:00.000-07:00

On April 27, 2009, hundreds of disability rights activists descended upon Washington D.C. to make it clear to the President and Congress that health care reform must include the Community Choice Act, which would end the built-in bias in the Medicaid system that forces people into nursing homes instead of paying for community-based services.

CIDNY’s own Paula Wolff was there, taking time off from being the Director Services Supervisor in our Manhattan office and President of Disabled in Action. Several CIDNY consumers also attended. You can read all about it in USA Today’s article.

Here are some photos of the event from ADAPT, the organizers of the demonstration. Go to their website for more photos, plus a report on how protesters chained themselves to the White House gate, after which 91 were arrested.

One Small Vacation For You....

2009-02-27T12:27:00.000-08:00

One big click toward equal access to online travel bargains

Hotels.com and Expedia are two of the most popular websites for finding inexpensive hotel rooms and making travel arrangements. They have recently agreed to change their websites so that they will 1. define a set of commonly needed accommodations for disabled hotel customers; 2. make it possible to search for these when looking for hotel rooms; 3. reserve rooms with the necessary accommodations online.
See the press release about the agreement here:
For details on the agreement, click here.

Can We Afford Not To Be Insured?

2009-02-25T08:37:00.000-08:00

The Institute for Medicine has just released a report on the effects of not having health insurance, Health Care for All New York (HCFANY) says, "The ugly reality of uninsurance makes the case for major reform even more pressing, say New York health care advocates urging their state leadership to take action amidst the economic downturn." See the press release here and link to the report at rwjf.org.

Old Medicine in New Medicine Bottles

2009-02-06T06:09:00.000-08:00

A newly released report by the Kaiser Family Foundation and the American Cancer Society profiles 20 cancer surviors who are in danger because they can't "afford" their affordable insurance and can't pay their medical bills. “Cancer patients too often find out that their insurance doesn't protect them when they need care the most,” said John R. Seffrin, Ph.D., national chief executive officer of the American Cancer Society. “High out-of-pocket costs coupled with the high cost of insurance premiums can force cancer patients to incur huge debt, and to delay or forgo life-saving treatments.” Sound familiar. Click here to see the press release and the report. Tell us what you think.

Concerns about Paterson’s Young Adult Coverage Proposal

2009-01-21T05:52:00.000-08:00

Governor Paterson has proposed to extend a “COBRA-like” insurance benefit to young people up to the age of 29 through their parent’s policies. However he seeks to “age rate” these young people, a dangerous move for New York’s health insurance consumers with disabilities and serious illnesses. New York is an example for the nation in its efforts to achieve health reform - -- a state that has “pure community rating” which means that all of us must be treated the same by an insurance company, no matter our age or disability. Read the response of Mark Scherzer, Legal Counsel to New Yorkers for Accessible Health Coverage, to the New York Times coverage of the proposal here.

What's So Funny?

2008-12-15T12:47:00.000-08:00

Saturday Night Live portrays Gov. David Paterson as buffoonish and incompetent, but there’s nothing funny about unemployment among people with disabilities, which is six times higher than the national average. Read the article here and tell us what you think.

Advocates Protest Albany's Budget Cuts

2008-08-20T07:44:00.000-07:00

CIDNY advocates joined other advocates for the disabled to tell Governor Paterson not to solve the deficit on the backs of the most vulnerable.

Tropic Thunder’s Major Blunder

2008-08-13T08:01:00.000-07:00

CIDNY joins other disability advocates in opposition to the use of the word “retard,” and the stereotype it suggests.See the article from Public News Service and tell us what you think."

Happy Birthday ADA!

2008-07-18T09:14:00.001-07:00

The ADA is 18 years old this July – it’s come of age. We’ve made some progress; kneeling busses, wider doorways, accessible voting machines, even a Governor with a disability. We still face some tough barriers to building our lives. We asked what people with disabilities what they’d like to see in the next 18 years…take a look and add your ADA dreams.

Jose has a BA, work experience and cerebral palsy. When he goes on job interviews, employers do a double take. They can’t help but show their assumption that he isn’t up to the job. He would like to walk into a job interview and talk about his abilities and how he would make an outstanding employee.

Linda says, “I’d like to see the idea of an accessible environment becoming as popular and accepted as living green.”

Denise, who is deaf, tells us: “I would love to go to the museums and other social events with my friends and co-workers, but I’m never sure whether I’ll be able to understand what is going on. It’s uncomfortable for people who are deaf – I don’t want to feel left out. I would like to see events or meetings provide services such as interpreting for people who are deaf, special assistance for wheelchair users and any other accommodations for people with disabilities.”

Michael is frustrated by a system where affordable, accessible housing is beyond his reach, “I can’t see why I should have to be in a nursing home if I don’t need that type of care. All I need is a one-room accessible apartment that I can afford.” He’d like to see New York City housing provide realistic opportunities for low-income people with disabilities.

Eva, who is blind, tells us that “many subway stations are not ADA compliant and many are frequented by people who are blind or visually impaired. For those of us who want to be independent and use public transportation, it can be frustrating and scary. I’d like to see all public transportation accessible to everyone.”

Proposed New Rules for Disability Access

2008-06-18T07:38:00.000-07:00

President Bush is proposing new rules for disability access. It looks as if a compromise is in the making for small businesses. Particularly interesting are the restrictions noted on page 2 of the article - what do you think?

New York Times- Plan Seeks More Access for Disabled

Good article, bad headline - There They Go Again

2008-06-13T10:43:00.000-07:00

Last month the New York Daily News called CIDNY for an article on people having difficulty getting and maintaining durable medical equipment. While we talked to the reporter about how people like to be referred to and people first language, the message didn't get through to the headline writer. CIDNY did contact the reporter after the article appeared and asked her to pass on our objections to the term "wheelchair bound," but it's a constant battle to help the media understand why that language is so offensive.

Send us your best and worst headlines/articles for CIDNY's first "There They Go Again Award."

Ensuring Affordable, Comprehensive and High Quality Health Coverage

2008-06-13T10:33:00.000-07:00

Health Care for All New Yorkers (HCFANY) is a coalition working to promote universal health coverage in New York State. HCFANY has developed 10 standards for measuring health coverage reform plans. Many of you may remember former Governor Spitzers "Partnership for Coverage" hearings in the February. Some of you may have joined the coalition for the People's Hearing in Albany in May. Tell us what you think about the Standards. Take a look at the Interim Report To Governor Paterson. What would you like New York State to do to ensure comprehensive and affordable health coverage for all New Yorkers?