CILSF Advocacy Blog

Website on the Affordable Care Act

2011-10-14T12:08:00.000-04:00

Important Information About Children with Pre-existing Medical Conditions
The new health law, the Affordable Care Act, requires insurance companies to now cover children with pre-existing conditions. Here is a link to the government website that describes new help for people with disabilities under the ACA including a navigation system to help find public and private coverage.

http://www.healthcare.gov/foryou/disabilities/index.html

Sincerely,

Laura Goodhue
Executive Director
Florida CHAIN
561-972-4090 office
954-213-8647 cell
561-972-4087 fax
www.floridachain.org

Scenario For Use in Training, FILC Meeting in Key West, September 21, 2011

2011-09-16T09:20:00.000-04:00

Scenario For Use in Training, FILC Meeting in Key West, September 21, 2011

Marc Dubin, Esq.

Lucy, who has MS and uses a power wheelchair, goes to her doctor’s office for a routine medical examination, accompanied by her husband, Ricky, who is deaf, and by her service dog, Freedom.

Ricky uses American Sign Language to communicate.

Freedom was trained by Lucy, and did not attend any dog training school. Freedom is a small poodle, and is trained to pick up and retrieve any items dropped by Lucy. She does not wear anything that indicates she is a service dog. She is not certified as a service dog.

When she made the appointment with her doctor, she told the doctor that her husband was deaf and would be accompanying her. She asked the doctor to provide a sign language interpreter so that her husband could participate in the discussions with the doctor about her medical condition. The doctor told her that she was free to bring a friend or relative to serve as the interpreter, or could pay for a professional interpreter, if that was her preference. The doctor told her that her husband was not his patient, and that the doctor did not feel it was his responsibility to pay for the interpreter. He also told her that even if Lucy were deaf and requested a sign language interpreter, the doctor would not provide one, as Lucy was a Medicaid patient, and the cost of hiring an interpreter exceeded the cost of Medicaid reimbursement. Furthermore, the doctor asserted, people who are deaf are perfectly capable of reading notes passed back and forth, and could also lip-read what was being said. When Lucy and Ricky arrived, there was no sign language interpreter provided.

During the medical exam, Lucy was placed on an examination table that was not accessible, with a great deal of difficulty. The doctor explained that an accessible examination table was not available, and cost too much, given the low reimbursement rate from Medicaid.

After the medical exam, Lucy and Ricky go to dinner at a nearby restaurant. To get there, they flag down a cab. The first cab they are able to flag down is not accessible. Lucy asks the driver to call the cab company’s dispatcher to send an accessible cab, and the driver does so. The dispatcher informs them that all of the accessible cabs are at the airport, and they wait 30 minutes for one to arrive.

When the accessible cab arrives, Lucy begins to get into the cab, accompanied by her husband and Freedom. The cabbie explains to Lucy that there is a small surcharge for using the accessible cab – an upgrade charge of $5. Lucy agrees to the charge, and gets into the cab.

Ricky walks up, accompanied by Freedom, on a leash. Ricky had just finished walking Freedom. Upon seeing Freedom, the cabbie immediately tells them they will have to get another cab, as dogs were not allowed in the cab. The Cabbie cites several reasons:

1. The cabbie informs them that he has a religious objection to having dogs in his cab;

2. The cabbie informs them that the County Health Department does not allow the cabbie to let dogs in the vehicle;

3. The cabbie informs them that dogs shed, and he cannot afford to take the time to clean his cab before allowing another passenger to ride, and

4. The cabbie informs them that the cab company, as a matter of policy, does not allow animals in the cab.

They get the cabbie’s information, and eventually get an accessible cab that allows them to bring Freedom with them to the restaurant.

Upon arriving at the restaurant, they are joined by two friends, Bert and Ernie. Bert is blind, and reads Braille. Ernie does not have a disability.

At the restaurant, they ask for a table inside of the restaurant. There are plenty of tables available, throughout the restaurant.

The restaurant is new to them, and is a theme restaurant. It is styled as a 1950s diner, and was built in 1955. There are three steps at the front of the restaurant. The only way to get in using a wheelchair is through an entrance usually used for the delivery of supplies, in the back of the restaurant, through the kitchen. They are very hungry, and Lucy enters the restaurant through the back entrance.

Ricky meets her inside, accompanied by Bert and Ernie, as well as Freedom.

When the manager of the restaurant sees Freedom, he informs them that while they are welcome to eat at the restaurant, they will have to leave Freedom outside. He tells them that the County’s Health code prohibits them from allowing animals into the restaurant, and that the restaurant has a strict no-animals allowed policy.

Lucy tells the manager that Freedom is a service dog, and assists her with her disability. The manager tells her that service dogs have to be certified, and that they have to wear a special collar and harness. He tells them that there is nothing that indicates that Freedom is a service dog, and that Lucy has not produced the proper documentation showing that Freedom is a service dog.

Lucy, having had a long day already, shows the manager a copy of Florida Statute Section 413.08. She explains that in Florida, it is a crime to not allow a service dog to accompany a person with a disability. The manager is unmoved, and continues to refuse them to bring Freedom inside. Lucy calls the police.

After waiting a half hour for the police to arrive, and after an extensive discussion, the officer issues a citation to the manager, notifying him that he has to appear in criminal court. They are then seated, accompanied by Freedom.. A customer seated next to them tells the manager that she is allergic to dogs, and complains about the presence of Freedom in the restaurant. The manager reseats the other customer, and leaves Lucy and her party next to the bathroom. The manager places them at a table next to the bathroom. Lucy asks for another table, but the manager refuses, telling her that she would be a fire hazard if seated anywhere else.

The waiter comes over and gives them each a menu. Bert asks for a Braille menu. The waiter tells him they don’t have one, and offers to read the menu to him. Ricky asks for a sign language interpreter, so he can discuss the menu with the waiter. The waiter offers to write notes back and forth instead.

They leave, and go for a walk. As they are walking down the street, they pass a church, which is holding evening services. They enter, accompanied by Freedom. The person in charge tells them that they cannot bring Freedom inside. Reluctant to have a minister arrested, Lucy informs him that she believes she has a right under the ADA to bring her service dog inside. The minister refuses again, and they leave.

Before leaving, however, Lucy picks up some literature. Within the literature, she finds the following:

“People with disabilities are being punished by God, and are not welcome in our church.”

A month later, Lucy sees a notice that the Church is being used by the County as a polling place, and coincidentally, she is registered to vote there. She goes to the church, and is refused admission. The sign is still posted. She leaves, without voting.

Several months later, Lucy, Ricky, Bert, and Ernie all receive notice of an impending hurricane. They decide to seek shelter at the local Red Cross shelter. Lucy needs an accessible bed, transfer assistance, toileting assistance, food for her service dog, and medications that she could not get from her pharmacy, because her insurance company would not pay for the pills she needs until later in the month. Ricky asks for a sign language interpreter. Bert, who recently moved to the area, and has not yet signed up for the County’s Paratransit program, asks for transportation from his home to the Red Cross shelter.

Lucy’s best friend, Ethel, recently lost her husband, Fred. She is very depressed, and consults with a psychologist, who tells her that he has diagnosed her as clinically depressed. He tells her that she should not be alone at home, and tells her that she should get a dog for emotional support. He puts the recommendation in writing. She does so, despite a rule at her condominium that prohibits residents from having any animals in their apartment.

Her condominium board sees the dog, and orders her to get rid of it. It is not trained to do anything – it serves only to provide her with emotional support.

While the dispute with her condo board is going on, Ethel begins to date again. Unfortunately, the man she dates is a batterer, and to avoid further injury, she flees to a domestic violence shelter. She brings her dog to the shelter, and is told she cannot bring the dog into the shelter unless it is a service dog. She admits that it isn’t, but says that she is dependent on his presence. They refuse to let the dog accompany her, saying that the shelter has a written policy, and cannot permit the dog inside.

What are the rights of Lucy, Ricky, Bert, and Ernie? Freedom? What rights, if any, were violated?

Be as specific as possible.

What can they do about it? If they wanted to file complaints, to whom would they file the complaints, and what would they say?

This document is the property of Marc Dubin, Esq., Director of Advocacy, Center for Independent Living of South Florida, and is intended to be used with the accompanying PowerPoint. It may be freely reproduced, without changes, with attribution. Marc may be contacted at mdubin@pobox.com. Please visit www.ADAadvocacyBlog.org, and join our ADAExpertise listserv.

Medicaid Waiver Services Denied At Random, Suit Alleges - Disability Scoop

2011-09-14T10:58:00.001-04:00

Numerous individuals with disabilities are being denied the opportunity to apply for Medicaid waiver services in Pennsylvania, according to a federal lawsuit.
After participating in brief telephone interviews, people with disabilities are being told they are not eligible for the Medicaid program, according to a suit filed Monday by the Disability Rights Network of Pennsylvania. What’s more, individuals are not offered any information on how to appeal the decision.
However, when the same individuals call with the assistance of an advocate, they are often allowed to apply to the program which provides in-home care services.
That’s what happened to Tracey Melia, 50, who has cerebral palsy. She was told over the phone that she did not qualify for waiver services even though she needs personal care and housekeeping assistance. But when Melia called again with the help of her local United Cerebral Palsy chapter, she was given an opportunity to apply.
Melia is one of six individuals with disabilities who are named as plaintiffs in the lawsuit. Attorneys for the group are seeking class action status for the case, arguing that hundreds, if not thousands, of residents have been affected.
Even in situations where people are allowed to apply, the suit alleges that eligibility decisions are often not reached within the required 90-day period.
“It is unconscionable that people in dire need of services must wait for many months just to have their applications processed,” says Robert Meek, an attorney at the Disability Rights Network of Pennsylvania who’s representing the group. “These are people who cannot wait.”
The lawsuit names Pennsylvania’s acting secretary of public welfare, Gary Alexander, and asks the court to force changes such that Medicaid waiver applications are considered in a fair and timely manner.
Calls to the state’s Department of Public Welfare seeking comment were not returned.
Copyright © 2011 Disability Scoop, LLC. All Rights Reserved.

Medicaid Waiver Services Denied At Random, Suit Alleges - Disability Scoop

Medicare fraud case nets dozens of arrests - Miami-Dade - MiamiHerald.com

2011-09-08T09:38:00.001-04:00

The out-of-state patients, suffering from disabilities and addictions, were lured to South Florida with the promise of a roof over their head.
But once they arrived, with their valuable Medicare cards in hand, they would be squeezed into rundown assisted-living facilities and steered to purported mental-health programs -- at a multimillion-dollar cost to taxpayers, authorities say. If they dropped out of the group therapy sessions, the ALF owners would toss the patients out into the street.
“They were down on their luck,” U.S. Attorney Wifredo Ferrer said, explaining how the latest Medicare scam would target patients from the Southeast. “Come on down, have a fresh start in Miami. But there was a catch.”
On Wednesday, Ferrer announced that federal agents arrested 42 suspects on Medicare fraud charges in South Florida, including the owners of Biscayne Milieu Health Center, a Fort Lauderdale psychiatrist who referred patients to the Miami Gardens clinic, patient recruiters and ALF landlords. Other defendants were operators of home healthcare agencies, HIV-therapy clinics and medical equipment businesses.
Collectively, they’re accused of submitting $160 million in false claims to Medicare for services that were either not needed or provided to patients. In turn, Medicare paid out more than $90 million, according to authorities.

Medicare fraud case nets dozens of arrests - Miami-Dade - MiamiHerald.com

Program to protect elders undermined, feds say - Florida - MiamiHerald.com

2011-09-02T21:54:00.000-04:00

Program to protect elders undermined, feds say - Florida - MiamiHerald.com

Miami-Dade Commission to decide on controversial contract for special transportation services - Miami-Dade - MiamiHerald.com

2011-08-31T23:06:00.001-04:00

Miami-Dade commissioners are scheduled to vote on a proposed contract extension for the company providing special transportation services for disabled people, but a competitor is crying foul.

Miami-Dade Commission to decide on controversial contract for special transportation services - Miami-Dade - MiamiHerald.com

South Florida clinics threatened by Washington cuts - Miami-Dade - MiamiHerald.com

2011-08-20T08:06:00.001-04:00

…some free clinics in South Florida that also help the poor — often with little or no government support — are running out of funds and are in danger of closing.
The tenuous situation for the area’s low-cost or free clinics comes just as healthcare leaders are insisting that the region must provide more primary care for the poor and the nearly one million uninsured people in Miami-Dade and Broward — a cheaper alternative to patients getting so sick they end up in expensive hospital stays.
“The system is broken,” said Lillian Rivera, administrator of the Miami-Dade County Health Department. “We have to find a way of coming together in some type of coordinated fashion to deal with our issues.”

South Florida clinics threatened by Washington cuts - Miami-Dade - MiamiHerald.com

Miami-Dade commissioners’ giveaway money targeted - Miami-Dade - MiamiHerald.com

2011-08-14T04:34:00.001-04:00

Despite steep spending cuts and looming layoffs, Miami-Dade County commissioners continue to stockpile cash that they spend with few restrictions and scant oversight.
Commissioner Sally Heyman is sitting on $804,000 in unspent money, Jose “Pepe” Diaz controls $461,000, Bruno Barreiro has $361,000 and Dennis Moss $354,000. Taken together, commissioners have more than $3 million in surplus taxpayer funds set aside for their personal spending whims.
The money comes from the commissioners’ individual office budgets, which are $814,000 each per year, but aren’t required to be used solely for office expenses such as staff salaries or paper and pens. Instead, the funds are regularly doled out by individual commissioners to favored groups within their districts with virtually no checks or balances; allocations are subject to a perfunctory vote at the end of commission meetings and are rarely denied.
Critics deride the money as slush funds, a stash of political pork that commissioners pass out to curry favor with constituents. Commissioners defend the practice, declaring they best know how money should be spent in their district, and that the funds support good causes.
“If that’s not illegal, it should be,’’ said Dominic Calabro, president and CEO of Florida Tax Watch, a Tallahassee-based government watchdog group, who called the free spending “ripe for mischief” and “blatantly wrong.”
In recent years, commissioners made sure they kept firm control of the taxpayer-funded bounty: They passed an ordinance in 2007 mandating that each commissioner gets to carry over unspent funds at the end of the year, even as they are given a fresh, fully funded office budget for the new fiscal year. The ability to roll over surplus money allows commissioners to build a mountain of cash that can be handed out before an upcoming election.
Now, recently elected Miami-Dade Mayor Carlos Gimenez — who, as a commissioner, defended the use of discretionary dollars — is saying he will put an end to the practice.
‘NEEDS TO STOP’
In September, when commissioners pass a new budget for the coming year, Gimenez said he will ask for a law change to stop commissioners from spending office funds on nonoffice uses, and eliminate their ability to carry over unspent funds into a new year.
“The practice of discretionary funding, it needs to stop,” Gimenez said. “You can fund services through a normal budget process.”
Two years ago, a Palm Beach County grand jury — charged with addressing a “crisis of trust in public governance” after a string of public corruption convictions — called for a slate of reforms. Topping the list: ending county commissioners’ discretionary funds.
The report said most of the money went to laudable efforts, including worthwhile community groups and nonprofits, but the process of commissioners individually handing out the funds smacked of unseemly political patronage that “at a minimum, politicized the manner of funding” and created a negative effect “in both fact and perception.”
The issue is not necessarily who the money is given to, but how it is given out, said Calabro of Florida Tax Watch. “It should be part of a competitive, transparent, accountable funding process that is reviewed by all commissioners,” he said.

Miami-Dade commissioners’ giveaway money targeted - Miami-Dade - MiamiHerald.com

Insurers raising co-pays for expensive drugs - South Florida Sun-Sentinel.com

2011-08-12T22:43:00.001-04:00

Health insurers are increasingly charging patients sharply higher amounts for the most expensive drugs, often causing sticker shock for the sick people who need them.
Health plans that have hiked co-payments say affected patients must pay hundreds of dollars more per month for drugs that can cost thousands, in order to prevent big jumps in premiums for everyone else.
Click here to sign-up for our free health report

But patients and their advocates say the practice discriminates against people who are unlucky enough to have a disease that is expensive to treat, and forces some to stop taking life-saving medicine. Three reports out this month say the practice can devastate patients financially.
Florida has been hit hard, with its large population of seniors and a high proportion of younger patients with HIV, hepatitis, kidney disease and other chronic conditions that are treated with expensive medicines. One estimate says 12 percent of Florida prescriptions — and growing — are affected by the cost hikes.
Randall Rabbitt, a Delray Beach sales manager for an auto warranty firm, felt the co-pay shock. He had been paying $50 a month for Actemra, an intravenous drug for the crippling effects of rheumatoid arthritis, in which the body's immune system attacks his joints. Then in June, with no notice, the insurer raised his share to $498.
"I scraped up the money. But I'm not in position to pay $498 a month," Rabbitt said. "That's on top of the $632 a month we pay for the premium. My family can't afford that. I may have to stop taking it.
"If I'm not on this, I literally have severe neck pain every day, to the point where I can't lift my head. My hips and ankles, I can't walk," Rabbitt said. "It makes all the difference between being able to do something or not. I'd have to go on disability and then what life would I have?"
What happened? The PPO at his job moved the drug into a "specialty tier," a co-pay class typically reserved for pills and IV drugs costing more than $600 a month — such as Rabbitt's Actemra at $1,100 to $2,100 a month.
Rather than a set co-pay of $5 to $100 a month, specialty tiers require patients to pay "co-insurance" of typically 25 percent to 33 percent of the total cost. A patient taking the hepatitis C drug Pegasys costing $2,400 a month could face co-insurance of $600 to $800.
Many specialty drugs needed lengthy or technology-heavy research to bring them to market or are developed from blood or biological products, all of which can be costly. Affected diseases include multiple sclerosis, the digestive disorder Crohn's disease and hemophilia. The most expensive drug in the nation last year was the IV blood-disease drug Soliris, at a cost of $400,000 a year.
Specialty tiers — called tier 4 — were rare until Medicare started prescription drug coverage in 2006. The government allowed drug plans to use the high-price tiers as a way to hold down costs and monthly premiums. Today, 85 percent of Medicare plans have them.
Other health insurers and employers that offer coverage now are following suit. About 13 percent of employees last year were covered by plans with specialty tiers, up steadily from just 3 percent in 2004, according to the research group Kaiser Family Foundation.
In Florida, 12 percent of prescriptions in 2008 were from tier 4, and the number has grown since then, according to research by the nonprofit patient group Alliance for Biotherapeutics. That's about average, nationally.
"I don't think it's a fad. It will just keep growing, said Debra Lage, executive senior director at Mahoney & Associates in Fort Lauderdale, which advises employers about benefit plans. "Companies are trying to save money."
Insurers and employers need to act because more illnesses are being treated with high-cost biological drugs that work better than older pills, driving up costs for insurers and employers, said Robert Zirkelbach, press secretary for America's Health Insurance Plans, which represents insurers.
"They're trying to strike a balance. You want to have plans that are affordable but still give consumers access to the drugs they need," Zirkelbach said.
Aetna and most employers that buy its coverage cushion the blow by setting a maximum on the patient's monthly share, said Walt Cherniak, an Aetna spokesman. Modest-income patients also may qualify for discounts from drug manufacturers.
But despite all that, patients still take a big hit if their drugs go on tier 4, advocates said. Rabbitt's insurer may agree to limit his share to $250 a month, but that's still a five-fold increase.
He previously had tried a half-dozen other drugs, all of which worked for a while and then failed. He did well on a drug called Enbrel, but it's also on tier 4 now and even more expensive.
Three reports this month — from the patient advocate groups National Minority Quality Forum and National Health Council and one sponsored by drugmaker Pfizer Inc. — found that specialty tiers financially disrupt and confuse patients. Kaiser reported that on average, patients taking tier 4 drugs shoulder 36 percent of the cost, 72 percent in HMOs.
New York last fall banned insurers from having specialty tiers, Vermont imposed a one-year moratorium. A bill is being written in Congress for a national ban. Five states are studying the problem and bills are being debated in 10 other states, said Michelle Vogel, executive director of the biotherapeutics alliance.
Advocates are trying to craft a bill for Florida that won't cost the state any money. Vogel doubts the Republican-led state Legislature would ban tier 4, but they hope the state may set a maximum on patients' payments or halt insurers from raising co-pays except at annual renewal time.
"We need action," said Rabbitt's arthritis specialist, Dr. Phillipe Saxe, who has patients who stopped taking tier 4 drugs. "People are paying for insurance to cover their catastrophic illnesses, and then it doesn't cover anything."
blamendola@tribune.com or 954-356-4526 begin_of_the_skype_highlighting 954-356-4526 end_of_the_skype_highlighting

Insurers raising co-pays for expensive drugs - South Florida Sun-Sentinel.com

Women with depression may be at higher stroke risk – The Chart - CNN.com Blogs

2011-08-12T08:57:00.001-04:00

Women with depression have a higher risk for stroke, according to a new study, adding to the growing amount of information linking depression and stroke. The study also found that women who used certain antidepressants were at higher risk for stroke. The research, by Harvard Public Health and Brigham and Women’s Hospital researchers, is published in Stroke: Journal of the American Heart Association.
Researchers used data from more than 80,000 women enrolled in the Nurses Health Study which began in 1976 and followed registered nurses in 11 states to document their medical histories and health practices. This analysis included women aged 54 to 79, following them from 2000 to 2006. When the study began, none of the women had a history of stroke. Symptoms of depression were measured several times during the study period and researchers noted the use of antidepressant medications.
The researchers found that women with a history of depression had an associated 29% increased risk of stroke. Women who used antidepressants, especially selective serotonin reuptake inhibitors, had an associated 39% increased risk of stroke. Examples of SSRIs include Prozac, Celexa and Zoloft. It’s important to note that the authors clearly state that their findings do not show a causal relationship, and their findings may be a result of other factors that were not measured or explained.
How does this all fit together? Is it the depression or the antidepressants that increases the stroke risk? “I don’t think the medications themselves are the primary cause of the risk," says senior author Dr. Kathryn Rexrode. "This study does not suggest that people should stop their medications to reduce the risk of stroke.”
Rexrode, who is an associate professor at both Brigham and Women's and Harvard Medical School, notes that symptoms of depression can impair people from properly maintaining health conditions, taking medications or engaging in healthy lifestyle measures including eating properly and exercising. In fact, the study reveals that depressed women were more likely to be less active, have higher weights, and to have medical conditions such as diabetes, high blood pressure and heart disease, which all contribute to increased stroke risk. The study notes that previous research has shown that antidepressant use is associated with higher rates of inflammation, high blood pressure, and weight gain. Those also are factors that increase stroke risk.
The study does have limitations: The sample was composed primarily of white registered nurses, which may limit the ability to apply the findings to other populations.
The study's lead author, An Pan of the Harvard School of Public health, says there are actions that can be taken to prevent strokes. "These risk factors - depression, diabetes, healthy weight and diet, healthy cholesterol, high blood pressure – are all interrelated," Pan says. "You can't just treat one risk factor to prevent strokes. Patients and doctors need to understand the interplay of risk factors for stroke and depression and treat them together." Pan revealed that further studies are being planned to examine how depression and stroke are associated.

Women with depression may be at higher stroke risk – The Chart - CNN.com Blogs

Mayor warns Miami-Dade transit workers not to consider a sick-out next week - Miami-Dade - MiamiHerald.com

2011-08-10T19:58:00.001-04:00

Mayor warns Miami-Dade transit workers not to consider a sick-out next week

Despite rumors of an upcoming work stoppage by Miami-Dade Transit employees to protest proposed labor concessions, the transport union says it opposes a sick-out -- and the county mayor is threatening to take a hard line.

mhaggman@MiamiHerald.com

Is labor strife brewing in the wake of Miami-Dade Mayor Carlos Gimenez’s proposal to wring steep concessions from government workers?
The county’s interim transit director issued a stern warning Wednesday threatening to fire workers who participate in a rumored work stoppage next week.
And Gimenez advised anyone with “pressing appointments’’ on Monday or Tuesday to “make alternate transportation arrangements, if possible, in case of delays or service disruption’’ to bus and rail service.
The warning to workers, authored by Yselta Llort, said it has “come to management’s attention” that transit employees may call in sick en masse those days, potentially interrupting public transit service across Greater Miami. The sick-out is designed to protest looming pay and benefit cuts.
“We strongly advise you not to participate,” Llort wrote.
The Transport Workers Union top brass said Wednesday it has no plans to lead a work stoppage, though acknowledged such a move has been percolating within the ranks of the 3,200-employee agency, which operates the Metrorail and Metrobus systems.
“We work in the interest of the public,” said union head John Bland, declaring his firm opposition to any work stoppage. “Some members just aren’t happy and they have a right to be, with what is trying to be done to employees. But you don’t take it to that level.”
Regarding efforts to organize a work stoppage, Bland added: “We are trying to nip it in the bud.”
The memo and rumors of workers staying home come as Gimenez is trying to ink new labor contracts that double county workers’ healthcare contributions — from 5 to 10 percent of an employee’s salary — and erase a recent 3 percent salary hike. Separately, the state has mandated that workers contribute 3 percent of their pay toward pensions.
The employee concessions, along with the elimination of nearly 1,300 positions county-wide, are key components in Gimenez’s plan to close a budget gap of about $400 million for the coming fiscal year.
If approved, the county’s overall budget — which includes running Miami International Airport, the Port of Miami and the transit system — would be $6.1 billion, and the total employee count would be slightly more than 26,000.
County commissioners have already signaled support for Gimenez’s plan by voting to lower the property tax rate to a level that leaves them little wiggle room for avoiding employee concessions -- beyond possibly laying off even more employees -- when the budget is finalized next month. The new fiscal year starts Oct. 1.
On Wednesday, transit union leader Bland made no bones about the fact that he’s fiercely against the salary and benefits cuts, even as he opposes a work stoppage next week.
“It is grossly unfair,” Bland said of Gimenez’s proposal. “We hope to work it out at the bargaining table.”
For his part, Gimenez said contingency plans are being formulated if bus drivers and train operators do not show up next week. He said plans call for utilizing part-time workers and supervisors to fill in for any absent workers. He also said that bus routes would not be cancelled but the schedule could be slowed.
Llort’s memo warned that any workers who don’t show up next week better have a good excuse, writing that they “will be required to produce documentation deemed appropriate by management.”
Gimenez said if transit workers stay home, “We are not going to look kindly on it, whatsoever.”

Mayor warns Miami-Dade transit workers not to consider a sick-out next week - Miami-Dade - MiamiHerald.com

Miami DCF director retires - Miami-Dade - MiamiHerald.com

2011-08-10T08:49:00.001-04:00

Miami DCF director retires

The Miami regional director for the Department of Children and Families is stepping down from her job.

By Carol Marbin Miller

cmarbin@MiamiHerald.com

The top Miami administrator of the state Department of Children and Families is retiring from her post, DCF officials announced Tuesday.
Jacqui Colyer, with more than two decades of experience in social services, was praised for her “passion and commitment,” said DCF Secretary David Wilkins in an email to staff.
“Jacqui’s ties to the community, the faith that others have in her personal commitment and her pure focus on helping others is a model for us all,” said Wilkins, who said Colyer will continue to work with DCF in other roles.
Colyer, who was responsible for overseeing child welfare, mental health and elder abuse operations in Miami-Dade and Monroe counties, will be replaced by Esther Jacobo.
Jacobo, a former Miami-Dade prosecutor, has been the department’s deputy director of children’s legal services. At the Miami-Dade State Attorney’s Office, she was chief of domestic crimes.
Colyer was appointed to the DCF job in 2009 by former DCF Secretary George Sheldon.
In a 2009 interview with the Miami Herald, she shared the painful story of her own struggles to help a troubled child. She had adopted 14-year-old Lucious Delegal, who had a history of juvenile delinquency, and helped turned his life around. But at age 28, distraught over a breakup with his girlfriend, he committed suicide.
“I resolved that I would do my best to make sure that children who were in the system would have the opportunity to just live normal lives,” she told the Herald.
As DCF’s regional chief, Colyer sought to keep families together.
Her staff emphasized working with troubled families in their homes rather than improving parenting skills after children were removed.
During her tenure, the number of children removed from their parents and placed in licensed foster care dropped by 35 percent.
DCF also developed 400 community centers, such as medical clinics, where struggling families could apply for food stamps. The centers made it easier for the poor to seek help at locations close to home.
Colyer said the agency worked with Miami’s early learning coalition to improve the quality of licensed child care centers and provide better staff training in detecting and preventing child abuse.
This year, Colyer and her staff came under intense scrutiny and criticism for their handling of a case involving 10-year-old Nubia Barahona, who authorities say was killed by her adoptive parents.
Nubia was found dead in the bed of her adoptive father’s pickup truck in Palm Beach County on Feb. 14. Her twin brother, Victor, was discovered doused with deadly chemicals and slouched in the cab. He survived.
Jorge Barahona and his wife, Carmen, were each charged by Miami-Dade police with first-degree murder, child abuse and neglect in connection with Nubia’s death and a yearlong reign of terror they are accused of inflicting on the twins.
The two are awaiting trial in jail — Carmen in Miami, Jorge in West Palm Beach, where he also was accused of child abuse and attempted murder for the injuries to Victor.
Last month, a Miami-Dade grand jury report found that DCF caseworkers and investigators gave the Barahona couple a "pass" every time concerns were raised that the couple was abusing and neglecting their adopted children.
So trusting was a DCF investigator that, on Feb. 10, when the agency received a report that twins Victor and Nubia were being tied up and locked in a bathtub, she left the Barahona home without ever seeing the two children, the report said. She later wrote that the twins were at little risk of harm.
In the aftermath of Nubia’s death, two DCF workers were fired, one resigned and five others — including Colyer — were reprimanded for their handling of the Barahona case.
In the case of Colyer, the reprimand was not for any specific actions on her part, but because the mistakes came from an operation she oversees, according to DCF officials.

Miami DCF director retires - Miami-Dade - MiamiHerald.com

Lawmakers pushed to slash state oversight of Assisted Living Facilities - Neglected to Death - MiamiHerald.com

2011-08-07T08:54:00.001-04:00

When Sedrek Singleton, a career criminal with a violent past, checked into Nueva Vida assisted living facility, caretakers at the cluster of cottages in Miami-Dade never took steps to protect other residents.
They never had to.
Months after moving in, the 30-year-old man flew into a rampage, beating his roommate to death with a brick — nearly tearing off the disabled man’s ear — before bolting from his new home.
The brutal assault came just weeks after Florida lawmakers rejected a bill that would have put the burden squarely on ALF owners to safeguard people in their homes when accepting residents with criminal histories.
But the defeat in 2008 to bring more protections to vulnerable residents was just the beginning.
Over the next three years, lawmakers rejected sweeping plans to toughen Florida’s ALF law — often at the urging of industry leaders — while stripping away enforcement powers that left hundreds of residents to fend for themselves in dangerous conditions.
While frail residents were dying of abuse and neglect in ALFs across the state — nearly one a month — lawmakers pushed three dozen pieces of legislation since 2007 to cut crucial protections that had been in place for a generation.
The changes in Florida’s ALF law created even more gaps in a state enforcement system that was already failing to investigate dangerous practices and shut down the worst offenders.
For example:
• Lawmakers said state regulators no longer have to report abuses and deaths to the Legislature, instead allowing them to keep the cases secret.
• Even as homes were caught breaking the law — including caregivers beating residents, doping them with powerful tranquilizers and locking them in closets — lawmakers rejected a plan to crack down on rogue operators.
• Though abuse cases have risen over the past five years, lawmakers blocked efforts to heighten checks on bad homes — including inspections every 15 months — saying they were too expensive.
• As the state was finding hundreds of people languishing without proper care, lawmakers stripped the authority of inspectors to call doctors and get them removed — leaving the decision to ALF operators.
The moves to change the state’s historic ALF law — one of the oldest in the country — came as abuse and neglect cases were rising in ALFs.
Led by Florida’s largest industry group, a dozen lawmakers stepped forward in the past five years to create 36 pieces of legislation to remove regulations — including parts of the Residents’ Bill of Rights that guarantees safety and protection to vulnerable adults.
The effort peaked this year, with legislators pressing 23 bills, including a plan by Sen. Rene Garcia — a powerful Hialeah Republican who chairs the Senate’s health committee — to overhaul ALF law.
The 37-year-old lawmaker, whose district includes more than 100 ALFs — including some of the most heavily fined homes in Miami-Dade — pushed to cut back penalties against caretakers and reduce the state’s power to close troubled homes.
Garcia said he was simply pressing for changes raised by industry leaders who were working with the state’s chief regulator — Agency for Health Care Administration. “This was just the beginning of a long process,” he told The Miami Herald. “You file a bill. Some things stay, some things don’t. ” _Continued on site -

Lawmakers pushed to slash state oversight of Assisted Living Facilities - Neglected to Death - MiamiHerald.com

Florida doctors organization opposes Medicaid overhaul - Florida - MiamiHerald.com

2011-08-07T08:52:00.001-04:00

Florida Medical Association officials voted in a closed door session last weekend to take a position in opposition to the state’s proposed Medicaid overhaul.
A number of doctors have been opposed to the shift of most Medicaid patients into managed care, but few would say so publicly.
The association has likewise been silent on the issue until now.
Health News Florida reported that FMA leaders passed a resolution Sunday to discourage the federal Centers for Medicare & Medicaid Services from approving the waiver that would allow for revamping the system. The FMA’s new president, Dr. Miguel Machado, said the group would send a letter to CMS making its opposition known.
"The letter will explain that we understand the budget constraints of the Legislature, but we cannot approve of expanding managed care," Machado told Health News Florida.
Dr. Arthur Palamara of Hollywood told the news organization that the FMA has long opposed the overhaul but this is the organization’s most tangible and public move to date.

Florida doctors organization opposes Medicaid overhaul - Florida - MiamiHerald.com

North Miami city manager joining new Miami-Dade mayor’s team - Miami-Dade - MiamiHerald.com

2011-08-03T06:44:00.000-04:00

North Miami city manager joining new Miami-Dade mayor’s team - Miami-Dade - MiamiHerald.com

Housing -- Bill Eliminating the NHTF Passes Financial Services Subcommittee

2011-08-01T12:08:00.000-04:00

From: NLIHC [mailto:memotomembers@nlihc.org]

Sent: Wednesday, July 13, 2011 5:06 PM

Subject: UPDATE on the National Housing Trust Fund

National Housing Trust Fund <http://www.nhtf.org/>

Bill Eliminating the NHTF Passes Financial Services Subcommittee <http://capwiz.com/nlihc/utr/1/KBRUQEKTNA/FFSUQEMHVA/7125642181>

More Info

The House Financial Services Subcommittee on Capital Markets and Government Sponsored Enterprises (GSEs) approved a package of bills intended to dismantle the housing GSEs, Fannie Mae and Freddie Mac, in a Subcommittee markup on Tuesday, July 12. One of the bills, H.R. 2441, introduced by Representative Ed Royce (R-CA), would abolish the National Housing Trust Fund (NHTF) as well as the Capital Magnet Fund. The bill passed by a vote of 18 to 14, along party lines.

In the markup, Mr. Royce said that the NHTF should be abolished because "the money would subsidize lobbying and campaign related activities" by groups such as the now-defunct ACORN. However, the NHTF statute explicitly prohibits the use of NHTF dollars for political activities, lobbying, counseling, outreach, and project administration.

Financial Services Ranking Member Barney Frank (D-MA) participated in the markup to defend the NHTF, even though he is not on the Subcommittee. Mr. Frank referred to the conversation about ACORN as a "red herring" and clarified that nothing in the NHTF statute empowers ACORN. Subcommittee Ranking Member Maxine Waters (D-CA) and Representative Al Green (D-TX) supported this point and asked that the record reflect this fact.

Mr. Green offered an amendment to H.R. 2441 that would have decoupled the NHTF from the GSE funding streams. Although initial funding for the NHTF was to come from Fannie Mae and Freddie Mac, they were taken over by the Federal Housing Finance Administration in September 2008 and never made a contribution to the NHTF.

The statute authorizing the NHTF also allows for funding from other sources.

Supporting the Green Amendment, Ms. Waters stated that the NHTF should be decoupled from the GSEs, and that is inappropriate to abolish the NHTF altogether. She said future Congresses should have the option to fund the NHTF if they choose to do so.

Following lengthy debate, Mr. Green's amendment was defeated by a vote of 15-17. One Republican, Representative Robert Dold (R-IL), voted in support of the Green Amendment.

Representatives Ruben Hinojosa (D-TX), Carolyn Maloney (D-NY) and Ed Perlmutter (D-CO) also made statements in support of the NHTF during the mark up.

The next step would be for H.R. 2441 to be considered by the full committee. There was extensive debate about if and when the full Committee on Financial Services will consider GSE reform and whether H.R. 2441 will be one of the measures considered.

NLIHC will continue to monitor activity around this bill and send updates, as needed. Please email us at outreach@nlihc.org with any questions you may have.

Support the National Low Income Housing Coalition by joining or renewing your membership <https://www2398.ssldomain.com/nlihc/template/join.cfm> today!

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Miami-Dade County - Americans with Disabilities Act Coordination - County ADA Coordinators by Department

2011-07-29T06:45:00.001-04:00

Miami-Dade County - Americans with Disabilities Act Coordination - County ADA Coordinators by Department

Miami-Dade mayor’s new hires earning handsome salaries - Miami-Dade - MiamiHerald.com

2011-07-28T21:28:00.001-04:00

Miami-Dade mayor’s new hires earning handsome salaries - Miami-Dade - MiamiHerald.com

Is your association helpful to owners with disabilities?

2011-07-26T16:49:00.000-04:00

Is your association helpful to owners with disabilities?

Next Disability Advocacy Council Meeting Scheduled For Friday, July 29th, from 1 pm - 3 pm. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than five days before the event.Agenda: The ADA and Emergency Management -- Evacuation and Sheltering Services/Advisory Committee

Charter school money: Florida charter schools get $55 million for construction, others get zilch - South Florida Sun-Sentinel.com

2011-07-25T19:32:00.001-04:00

Charter school money: Florida charter schools get $55 million for construction, others get zilch - South Florida Sun-Sentinel.com

School district officials across Florida are bemoaning the Legislature's decision to cut traditional public schools out of PECO — the Public Education Capital Outlay program. The state's 350 charter schools will share $55 million, while the approximately 3,000 traditional schools will go without.

Rodent of the Week: Ritalin and Prozac -- a troubling combo for children? - latimes.com

2011-07-17T06:09:00.001-04:00

Four in 10 kids who get a diagnosis of either depression or attention-deficit hyperactivity disorder (ADHD) end up getting both diagnoses sometime in their young lives. That means a lot will spend some part of their adolescence taking two psychiatric medications: methylphenidate (better known by its commercial name, Ritalin) and fluoxetine (better known as Prozac, the only of the new-generation antidepressants approved for kids as young as 8 years old). A new study conducted on rats suggests that taking that combination of drugs may change the adults they will become in ways that are distinctly troubling.

Rodent of the Week: Ritalin and Prozac -- a troubling combo for children? - latimes.com

Must-have Florida hurricane supplies – for under $25 - South Florida Sun-Sentinel.com

2011-07-17T06:02:00.001-04:00

What do sterno stoves, LED lanterns and water purifiers have in common? They are among the hottest and hardest-to-get hurricane supplies once authorities announce a major storm is headed toward Florida neighborhoods.
And worth mentioning: They are items that can make life a bit easier following a hurricane strike and aftermath that could cause extended power outages and retail store closings – and most cost less than $25.

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Fort Lauderdale

"As a storm gets closer, certain items tend to fly off the store shelves," said Stuart Heller, manager of Army Navy Outdoors, a surplus store that sells military gear, camping supplies, work boots and clothes and more. The chain has been open since 1972 and operates stores in Fort Lauderdale, Davie and West Palm Beach.

Must-have Florida hurricane supplies – for under $25 - South Florida Sun-Sentinel.com

Feds release more money to beleaguered Miami-Dade Transit Agency - Miami-Dade - MiamiHerald.com

2011-07-17T05:44:00.001-04:00

Federal regulators have agreed to free up another $72.6 million to Miami-Dade Transit, as the county continues working to satisfy a list of concerns about financial management at the beleaguered mass transit agency.

….Earlier this month, the FTA forked over $62.5 million in grant funds due to the county, after county officials told regulators the cutoff of federal funding was approaching a critical juncture at which they would have to cut service at Metrorail, Metromover, Metrobus and in its Special Transportation Services. As of July 1, the county had spent another $59 million that it’s waiting to be reimbursed for under frozen FTA grants….

(I note that in the prior Administration, Transit repeatedly represented to me that there were no impending cuts to Paratransit services…)

….Separately, the Department of Transportation Inspector General’s Office is conducting a criminal investigation of Miami-Dade Transit, although details of the probe aren’t known…..

Feds release more money to beleaguered Miami-Dade Transit Agency - Miami-Dade - MiamiHerald.com

HHS IG Report: Most Power Wheelchairs in the Medicare Program Did Not Meet Medical Necessity Guidelines

2011-07-15T22:49:00.000-04:00

Report (OEI-04-09-00260)

07-07-2011

Most Power Wheelchairs in the Medicare Program Did Not Meet Medical Necessity Guidelines

Complete Report

Adobe® Acrobat® is required to read PDF files.

Summary

We found that 61 percent of power wheelchairs provided to Medicare beneficiaries in the first half of 2007 were medically unnecessary or had claims that lacked sufficient documentation to determine medical necessity. These power wheelchairs accounted for $95 million of the $189 million that Medicare allowed for power wheelchairs during this period.

Medicare beneficiaries are eligible to receive power wheelchairs under Medicare Part B coverage of durable medical equipment (DME). Beneficiaries who are prescribed power wheelchairs receive them from suppliers, which bill Medicare for reimbursement. We conducted a medical record review of a random sample of 375 claims for standard and complex rehabilitation power wheelchairs supplied to beneficiaries in the first half of 2007. Reviewers determined whether each claim was for a power wheelchair that was medically necessary and whether the claim was supported by sufficient documentation to determine medical necessity based on suppliers' records. They also reviewed records from prescribing physicians. For claims without errors based on suppliers' records, reviewers determined whether prescribing physicians' records supported suppliers' claims.

Based on records submitted by suppliers that provided power wheelchairs, 9 percent of all power wheelchairs were medically unnecessary and another 52 percent had claims with insufficient documentation to determine medical necessity. Beneficiaries who received power wheelchairs that were medically unnecessary needed a less expensive type of equipment (such as a manual wheelchair, cane, or walker) or a different type of power wheelchair. We also found that medical necessity and documentation errors varied by power wheelchair type. Standard power wheelchairs were less likely to be medically unnecessary than complex rehabilitation power wheelchairs (8 and 24 percent, respectively). Conversely, claims for standard power wheelchairs were more likely to have insufficient documentation to determine medical necessity than claims for complex rehabilitation power wheelchairs (53 and 32 percent, respectively). Finally, we found that 78 percent of claims were for power wheelchairs that were medically necessary based on suppliers' records but were medically unnecessary, insufficiently documented, or undocumented based on physicians' records. In most cases, the physicians' records had insufficient documentation to support the power wheelchairs' medical necessity; less often, physicians' records contradicted suppliers' records.

Two previous OIG reports based on the same sample of power wheelchairs found problems with coding and documentation requirements, and this report shows additional problems with suppliers' compliance with Medicare requirements. Across all three reports, 80 percent of claims for power wheelchairs supplied to Medicare beneficiaries in the first half of 2007 did not meet Medicare requirements. Although CMS has taken steps since 2007 to decrease errors among suppliers of power wheelchairs and other DME, Medicare has paid significantly more in recent years for power wheelchairs than it did in 2007. These increases may indicate that CMS continues to pay for power wheelchairs that are not medically necessary and/or have claims that do not meet documentation requirements.

Based on our findings and prior work, we recommend that CMS (1) enhance reenrollment screening standards for current suppliers of durable medical equipment, prosthetics, orthotics, and supplies; (2) review records from sources in addition to the supplier, such as the prescribing physician, to determine whether power wheelchairs are medically necessary; (3) continue to educate power wheelchair suppliers and prescribing physicians to ensure compliance with clinical coverage criteria; and (4) review suppliers that submitted sampled claims we found to be in error. CMS concurred with the second, third, and fourth recommendations. CMS did not concur with the first recommendation.

Next Disability Advocacy Council Meeting Scheduled For Friday, July 22nd, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than five days before the event. Agenda: The ADA and Emergency Management -- Evacuation and Sheltering Services.

Mayor Gimenez Proposes Merger of Department of Emergency Management and Fire Department

2011-07-15T21:55:00.001-04:00

In a recent discussion with constituents, Mayor Gimenez announced his plans to merge the Department of Emergency Management and the County Fire Department:

"Do you support merging the county’s Emergency Management Office and the county fire department?"

“Yes, I do. They perform like functions. I don’t know why they were ever separated,” he said.
See http://www.miamiherald.com/2011/07/14/2315006/miami-dade-mayor-holds-first-virtual.html

Read more: http://www.miamiherald.com/2011/07/14/2315006/miami-dade-mayor-holds-first-virtual.html#ixzz1SEGqBuJb

Next Disability Advocacy Council Meeting Scheduled For Friday, July 22nd, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than five days before the event. Agenda: The ADA and Emergency Management -- Evacuation and Sheltering Services.

Interview on Paltalk -- Marc Dubin, Esq., Discusses Emergency Management and Discrimination

2011-07-15T11:39:00.000-04:00

Paltalk is the largest multimedia interactive program on the Internet with more than 4 million unique users. Gary Baumgarten interviews me about emergency management, the Red Cross, and the ADA.

Visit http://reportergary.com/2011/07/ignoring-the-emergency-needs-of-the-disabled/

Ignoring the emergency needs of the disabled

By GARY BAUMGARTEN

You’d think the people running the shelters in hurricane-prone south Florida would get it. But apparently not.

Marc Dubin, an attorney for the Center for Independent Living in south Florida tells News Talk Online on the Paltalk News Network that many shelters don’t offer accommodations to people with disabilities. There were even cases, during Hurricane Katrina, he says, when disabled people were turned away from shelters.

For the past four years, Dubin says, he has been trying to get Broward County Florida officials to comply with the Americans with Disabilities Act. He finally requested a review from the Justice Department which resulted in a federal request that Broward comply.

The county, Dubin says, refused and now Justice is contemplating suing.

Similar negotiations between the Center for Independent Living and officials in Miami-Dade resulted in improvements. But, Dubin says, less contentious negotiations are still ongoing there and with officials in the Florida Keys.

For more information, go to Dubin’s blog at http://www.adaadvocacyblog.org// or join him in the Disability Advocacy Discussions room on Paltalk. You can also email Dubin at mdubin@pobox.com.

Short URL: http://reportergary.com/?p=15480

Next Disability Advocacy Council Meeting Scheduled For Friday, July 22nd, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than five days before the event. Agenda: The ADA and Emergency Management -- Evacuation and Sheltering Services.

E-Newsletter from Crossroads Hospice: July/August 2011

2011-07-15T10:45:00.001-04:00

E-Newsletter from Crossroads Hospice: July/August 2011

http://www.seriousillness.org/atlanta/newsletter/

Accessing medical records

When you are caring for a relative, it seems obvious that health care providers would readily answer your questions. But health professionals and health plans are not permitted to freely give information. This can interfere with your ability to help your loved one follow doctor's orders or figure out insurance billing.

Rules about confidentiality

You've probably heard the term "HIPAA." That's the short name for a national privacy law that protects patient confidentiality. Under this law, a health care provider or health plan can share information about a patient only if

the patient tells them it's okay to do so.
they have reason to believe the patient would not object. If the patient brings you into the examining room. Or asks you to pick up a medication.
they think it is in the patient's best interest. For example, if the patient is groggy from a procedure. Or the patient has dementia and cannot care for himself or herself; the doctor can give information to the person who is with them.
you are the power of attorney for health care.

A patient's verbal "okay" is permitted. But many providers and plans require written permission. Check with each provider.

Working with Medicare

Medicare requires written permission to release information. A specific Medicare "authorization" form must be completed. Authorization can be provided by the

Medicare patient. If possible, have your relative complete the authorization form online. He or she can use the form to indicate who personal information can be shared with.
"personal representative." If you are your relative's power of attorney for health care, you can complete the form for your relative. But not online. Instead, download the authorization form. Complete it and mail it in with a copy of the power of attorney document.

The Budget-Slashing Hysteria's Latest Victim: Legal Aid for the Poor | Mother Jones

2011-07-15T08:28:00.001-04:00

Legal assistance for the poor will take a huge hit under a proposal just released by the House Appropriations Committee, which aims to slash the budget of the Legal Services Corporation back to 1999 levels. Officials at LSC, which has been around for four decades and supports 136 independent legal-aid outposts all over America, knew big cuts were coming—the program was by no means exempt from DC’s budget-slashing hysteria. But supporters were betting on losing $70 million, the figure proposed last year during budget negotiations.

The Budget-Slashing Hysteria's Latest Victim: Legal Aid for the Poor | Mother Jones

Why You're Paying More to Breathe | Mother Jones

2011-07-15T08:23:00.001-04:00

If you or someone you know has asthma, you've probably noticed that the price of inhalers has jumped—from as little as $5 a few years ago to as much as $60 today. How'd that happen? The answer is a case study in how drug companies turned a well-meaning environmental regulation into an opportunity to suck billions from consumers.

Continued on site….

Why You're Paying More to Breathe | Mother Jones

Miami-Dade commission tackles transit, Jackson issues at new mayor’s first meeting - Miami-Dade - MiamiHerald.com

2011-07-08T00:49:00.001-04:00

Miami-Dade County commissioners authorized the county on Thursday to take out a $100 million loan so its embattled mass-transit agency can keep construction projects moving ahead.
The loan will provide the money to continue construction of Metrorail’s elevated link between Miami International Airport and the Earlington Heights Station and provide some cash toward the purchase of new rail cars.
The move came amid a wide-ranging meeting at which the newly installed mayor, Carlos Gimenez, signaled he will play a much more hands-on role than his predecessor, Carlos Alvarez, who was ousted in an historic recall in March.
Gimenez — a former county commissioner who, unlike Alvarez, said he plans to attend and participate in commission meetings —emphasized he will provide the panel, which he served on until April, with a lot more information than the prior administration did.
“This board for too long has really been flying blind,’’ said Gimenez, drawing a warm response from the commission, including Chairman Joe Martinez, who is likely to face off against Gimenez in the 2012 mayoral race.
“I’m so glad you’re going to be providing more information,’’ Martinez responded. “It’s something I’ve been fighting for for a long time.’’
In other matters, the commission, in a bid to give a bit more autonomy to the new governing board of Jackson Health Systems, changed the rules so that the commission must muster a two-thirds vote instead of a simple majority to overrule an action taken by the board.
In other action, the commission agreed to allow a swap of a patch of land outside the county’s Urban Development Boundary near Homestead Miami Speedway for an equivalent swath of land inside the line to allow for expanded seating at the racetrack. And it also authorized a $42 million bond sale, the final financing piece for the new Florida Marlins ballpark in Little Havana.
The interim transit loan approved Thursday will provide the Miami-Dade transportation agency with the capital it needs until it resolves federal regulators’ concerns and the county can sell bonds to pay for construction projects, as it normally would have done. With the transit agency’s finances under a cloud because of an ongoing federal investigation, the county had postponed a $550 million bond offering it had planned for this summer, because the interest rate would have been unacceptably high.
In addition to concerns raised during several Federal Transit Administration audits of Miami-Dade Transit, the U.S. Department of Transportation’s Office of Inspector General is conducting a criminal investigation of the transit agency, although details of that probe aren’t clear.
Commissioners had earlier failed to adopt the measure allowing the county to take out the $100 million loan from Citibank. The vote on the loan at a June 21 meeting was a 6-6 tie, with several commissioners explaining that county officials hadn’t given them enough information to decide on such major borrowing.
The FTA, which administers federal grants, recently agreed to release $62.5 million of some $184 million in federal grant money it has been withholding amid concerns about financial mismanagement at the county transit agency. County officials say the easing by the feds means the county won’t have to consider service cuts because of its federal funding crunch. The county has been tapping into its general fund to cover the shortfall from the suspension of federal grant money that has dragged on since last November

Miami-Dade commission tackles transit, Jackson issues at new mayor’s first meeting - Miami-Dade - MiamiHerald.com

President Obama Signs Rosa's Law - Disability.gov

2011-07-07T14:14:00.001-04:00

October 06, 2010

President Obama Signs Rosa's Law

President Barack Obama has signed into law Rosa’s Law, which will change references in federal law from mental retardation to intellectual disability, and references to a mentally retarded individual to an individual with an intellectual disability. Read about the Special Olympics' campaign to Spread the Word to End the Word, and read the Disability.Blog post 'I Just Didn’t Know’: The Power of Language. For more information visit the website of the President's Committee for People with Intellectual Disabilities.
Rosa’s Law replicates a law recently adopted in the state of Maryland. The family of Rosa Marcellino, a nine year-old girl with Down syndrome, worked with their state representative to pass the legislation in the Maryland General Assembly. Shortly before it passed the Assembly, Senator Mikulski met Rosa’s mother Nina Marcellino at a roundtable on special education. Senator Mikulski promised that if Rosa’s Law passed in Maryland, she’d take it to the Senate floor.

President Obama Signs Rosa's Law - Disability.gov

Miami-Dade County Commission to weigh $100 million loan for ailing Transit Agency - Breaking News - MiamiHerald.com

2011-07-07T09:41:00.001-04:00

Miami-Dade County commissioners will reconsider Thursday whether to authorize the county to take out an emergency $100 million bridge loan so its ailing transit agency can keep key capital projects on track.
Thursday’s commission meeting will mark the first for Carlos Gimenez as the newly installed mayor. Gimenez, a former county commissioner, said unlike his predecessor, Carlos Alvarez, who was ousted in a recall in March, he intends as mayor to regularly attend commission meetings.
“I’ll be sitting in the chair,’’ Gimenez said Wednesday, after a formal installation ceremony at County Hall.
The interim loan would provide the transit agency with the capital it needs until it resolves federal regulators’ concerns and the county can issue bonds to pay for the capital projects.
The loan would provide funds to continue construction of Metrorail’s elevated link between Miami International Airport and the Earlington Heights Station and provide some cash toward the purchase of new railcars.
With the transit agency’s finances under a cloud because of an ongoing federal investigation, the county previously postponed a $550-million bond offering it had planned for this summer, because the interest rate would have been unacceptably high.
In addition to concerns raised during several Federal Transit Administration audits of Miami-Dade Transit, the U.S. Department of Transportation’s Office of Inspector General is conducting a criminal investigation of the transit agency, although the details of that probe aren’t clear.
Commissioners on June 21 failed to approve a measure that would allow the county to take out the loan from Citibank. The vote on the bridge loan was a 6-6 tie, with several commissioners saying that county officials hadn’t given them enough information to decide on such major borrowing. The measure is expected to pass the commission on Thursday.
The FTA, which administers federal grant monies, recently agreed to release $62.5 million of the $184 million in federal grant monies it has been withholding amid serious concerns about financial mismanagement at the county agency. County officials say that easing by the feds means the county won’t have to consider service cuts because of its federal funding crunch.

Miami-Dade County Commission to weigh $100 million loan for ailing Transit Agency - Breaking News - MiamiHerald.com

FloriDUH | Sun Sentinel Blogs | Mentally disabled Publix employee: Compliment sparked attack

2011-07-07T07:49:00.001-04:00

Mentally disabled Publix employee: Compliment sparked attack

By Barbara Hijek July 7, 2011 07:23 AM

It was a compliment.

James Wall, a 26-year-old mentally disabled Publix employee said ‘Hey, I like your shirt’ to Ryan Keys, 27, reports WJXT News-4 in Jacksonville.

Apparently, in Florida, them thar's fightin' words.

Keys was wearing a Georgia Bulldogs T-shirt.

Wall was collecting the shopping carts in the parking lot of the Jacksonville Publix when, out of nowhere, Keys hit hit Wall three times, knocking two of his teeth out and causing Wall to fall to the ground.

Keys is 6 feet 4 inches tall and 275 pounds.

He should have been wearing a Georgia Bully T-shirt.

Get the DUHtails at WJXT News-4 in Jacksonville.

More FloriDUH

FloriDUH | Sun Sentinel Blogs | Mentally disabled Publix employee: Compliment sparked attack

Federal Transit Administration - Rider Complaint Form - 0726CB3D4779478E8B60DA001A4ABF47

2011-07-06T23:21:00.001-04:00

Rider Complaint Form

What is this?
Federal Transit Administration
Office of Civil Rights
Complaint Form
The Federal Transit Administration (FTA) Office of Civil Rights is responsible for civil rights compliance and monitoring of public transportation, which includes ensuring that providers properly implement Title II of the Americans with Disabilities Act of 1990 (the ADA), the Department of Transportation (DOT) ADA regulations, and Section 504 of the Rehabilitation Act of 1973.
In the FTA complaint investigation process, we analyze the complainant's allegations for possible ADA deficiencies by the transit provider. If deficiencies are identified they are presented to the transit provider and assistance is offered to correct the inadequacies within a predetermined timeframe. FTA also may refer the matter to the U.S. Department of Justice for enforcement.
Section I
Name:_____________________________________________
Address:___________________________________________
___________________________________________
Telephone Numbers:
(Home)_________________________
(Work)__________________________
Electronic Mail Address:__________________________________
Accessible Format Requirements?
Large Print _______ Audio tape _____
TDD ___________ Other________________________________________
Section II
Are you filing this complaint on your own behalf?
Yes ____ No ____
[If you answered "yes" to this question, go to Section III.]
If not, please supply the name and relationship of the person for whom you are complaining: ______________________________________________________________________
Please explain why you have filed for a third party. _______________________________ ______________________________________________________________________

Please confirm that you have obtained the permission of the aggrieved party if you are filing
on behalf of a third party.
Yes ____ No ____
Section III
Have you previously filed an ADA complaint with FTA? Yes____ No___
If yes, what was your FTA Complaint Number? ____________________
[Note: This information is needed for administrative purposes; we will assign the same complaint
number to the new complaint.]
Have you filed this complaint with any of the following agencies?
Transit Provider _____ Department of Transportation ____
Department of Justice_____ Equal Employment Opportunity Commission _____
Other _____________________________________________
Have you filed a lawsuit regarding this complaint? Yes_____ No____
If yes, please provide a copy of the complaint form.

[Note: This above information is helpful for administrative tracking purposes.]
Section IV
Name of public transit provider complaint is against:
_____________________________________________________________________
Contact person: _________________________ Title: __________________________
Telephone number: _____________________________________________________

On separate sheets, please describe your complaint. You should include
specific details such as names, dates, times, route numbers, witnesses,
and any other information that would assist us in our investigation of
your allegations. Please also provide any other documentation that is
relevant to this complaint.
Section V
May we release a copy of your complaint to the transit provider?
Yes ____ No ____
May we release your identity to the transit provider?
Yes ____ No ____
Please sign here: _____________________________________________
Date: ______________
[Note - We cannot accept your complaint without a signature.]

Please mail your completed form to:
Director, FTA Office of Civil Rights
East Building – 5^th Floor, TCR
1200 New Jersey Ave., SE
Washington, DC 20590

You may also leave a message at our toll free FTA ADA Assistance Line, 1-888-446-4511 begin_of_the_skype_highlighting 1-888-446-4511 end_of_the_skype_highlighting (Voice) or through the Federal Information Relay Service, 1-800-877-8339 begin_of_the_skype_highlighting 1-800-877-8339 end_of_the_skype_highlighting. We can be reached by electronic mail at: FTA.ADAAssistance@dot.gov. The FTA Web Page can be found at [http://www.fta.dot.gov].

Federal Transit Administration - Rider Complaint Form - 0726CB3D4779478E8B60DA001A4ABF47

ADA Best Practices Tool Kit for State and Local Governments

2011-07-06T23:18:00.001-04:00

The seventh installment of the Tool Kit, issued July 26, 2007, includes:
Chapter 7, Emergency Management under Title II of the ADA (HTML) | (PDF)

Chapter 7, Addendum 1: Title II Checklist (Emergency Management) (HTML) | (PDF)

Chapter 7, Addendum 2:The ADA and Emergency Shelters: Access for All in Emergencies and Disasters (HTML) | (PDF)
Chapter 7, Addendum 3: ADA Checklist for Emergency Shelters (HTML) | (PDF)
Introduction to Appendices 1 and 2 (HTML) | (PDF)

ADA Best Practices Tool Kit for State and Local Governments

Olmstead: Community Integration for Everyone -- Home Page

2011-07-06T23:16:00.001-04:00

In 2009, the Civil Rights Division launched an aggressive effort to enforce the Supreme Court's decision in Olmstead v. L.C., a ruling that requires states to eliminate unnecessary segregation of persons with disabilities and to ensure that persons with disabilities receive services in the most integrated setting appropriate to their needs. President Obama issued a proclamation launching the "Year of Community Living," and has directed the Administration to redouble enforcement efforts. The Division has responded by working with state and local governments officials, disability rights groups and attorneys around the country, and with representatives of the Department of Health and Human Services, to fashion an effective, nationwide program to enforce the integration mandate of the Department's regulation implementing title II of the ADA.

Olmstead: Community Integration for Everyone -- Home Page

Medicaid overhaul advances with little input from Florida residents - South Florida Sun-Sentinel.com

2011-07-06T23:12:00.001-04:00

Medicaid overhaul advances with little input from Florida residents - South Florida Sun-Sentinel.com

For members of the military, suicide can be a greater danger than the enemy - South Florida Sun-Sentinel.com

2011-07-06T23:10:00.001-04:00

For members of the military, suicide can be a greater danger than the enemy - South Florida Sun-Sentinel.com

Letter from NCADV Executive Director About STS in Miami Dade and Need for Policy Change

2011-07-06T19:58:00.002-04:00

One Broadway, Suite 210B, Denver, CO 80203 www.ncadv.org 303-839-1852

July 6, 2011

Joel Perez

Miami Dade Transit

Dear Mr. Perez,

I am writing to request that Miami Dade Transit change its policy for the STS ride service. Victims of rape, sexual assault and child sexual abuse need services that are easy to manage and that respond to their needs in a compassionate and effective manner. Most victims don’t know when they will be assaulted, so arranging a ride to critical health and support services 24 hours in advance is impossible.

To fully cooperate with law enforcement prosecution, evidence must be collected as soon after the assault as possible and by very stringent guidelines in order to be admissible in court. It is unthinkable for a rape victim to be asked to delay her access to services or health care because of a policy that requires riders to schedule 24 hours before the ride is needed. In every day circumstances, that policy makes sense. When someone’s safety and health are at risk, there should be a process to allow same day services to get people to critical assistance.

The change in policy is a modification that can make a huge difference in how quickly a victim can recover from this type of violent crime. Many victims don’t report the crime, and still need assistance with health care issues related to STD’s and HIV/AIDS infection. They also need support and resources to begin to rebuild their lives immediately, and it is imperative that they have access to the rape crisis services in their community as soon as they make the decision to ask for help.

Please review this policy and make adjustments to allow for sexual assault victims to access rides to critical support services on the same day.

Thank you for working to make the Miami Dade community safer and more responsive with this policy modification.

Sincerely,

Rita Smith

Executive Director

Next Disability Advocacy Council Meeting Scheduled For Friday, July 22nd, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than five days before the event. Agenda: The ADA and Emergency Management -- Evacuation and Sheltering Services.

Disability Disaster Information and Special Needs Shelters – Is Registration a Reservation?

2011-07-06T17:48:00.001-04:00

This website offers information about Special Needs Registration programs in Florida. According to the site:

“All Florida emergency management offices keep a current list of people within a community who have a disability/special need so you can be quickly located and assisted in the event of an emergency. It is important that you contact your local emergency management office and notify them of your disability/special needs. “

“If you haven't already done so, you should also register in advance with your local emergency management office. Registering with your local emergency management office not only provides vital information to the county should you need assistance in an emergency, but may also qualify you for special sheltering or transportation programs. This is strictly voluntary….”

“Each county has their own process and forms for registering…. “

See Disability Disaster Information

My question:

Does registering for a Special Needs Shelter in Florida mean that you have a reservation for the shelter? In my view, yes. it should mean that. If you are a person with a disability, and go to the trouble of registering with your county for access to their Special Needs shelter, and provide medical documentation, the County has made a commitment to you to provide space for you and your family at that shelter. You have a commitment to show up, or let them know in a timely manner that you have made alternative arrangements. I recently heard an official say that “registration is not a reservation”. I disagree. That’s exactly what it is. The evacuee should not be told that the space will not be there. The County must provide the space, and offer the evacuee a reasonable opportunity to show up.

What do you think? Write to me at mdubin@pobox.com.

SafePlace - Disability Services FAQ's for caregivers

2011-07-06T17:32:00.000-04:00

Helpful information about services to people with disabilities in domestic violence shelters.

SafePlace - Disability Services FAQ's for caregivers

Re: The County’s Requirement That Rape Victims Make Paratransit Reservations to Get Help From the Rape Treatment Center, in Violation of Federal Law

2011-07-05T20:55:00.000-04:00

Tuesday, July 05, 2011

Next Disability Advocacy Council Meeting Scheduled For Friday, July 22nd, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than five days before the event. Agenda: The ADA and Emergency Management -- Evacuation and Sheltering Services.

Re: The County’s Requirement That Rape Victims Make Paratransit Reservations to Get Help From the Rape Treatment Center, in Violation of Federal Law

Cc: Communities Against Violence Network (CAVNET) – www.cavnet2.org

Frank Balzebre, Office of Mayor Carlos Gimenez

Dear Maud:

The County’s position that a rape victim has to make an appointment 24 hours in advance in order to get an accessible ride to the County’s Rape Treatment Center is a remarkable and troubling policy that needs to be changed. Rape victims with disabilities who rely on the Paratransit system deserve better, and are entitled under the law to be able to get this transportation without making an appointment. Is the County really willing to risk the lives and safety of women, children, and men who are victims of rape and sexual assault in Miami Dade County by denying them accessible transportation to the Rape Treatment Center in a timely manner, as a matter of policy?

Several concerns about your response:

1. Victims of rape and sexual assault need to be able to go to the Rape Treatment Center for a variety of things, even if they decide not to prosecute the offender. They need to be able to go when they are ready to go, not just at the convenience of the Paratransit system. Delay has severe consequences, including the possible loss of evidence and the risk of suicide. The police are not always involved. If the rape victim is able to get to the Rape Treatment Center quickly, evidence can be collected that can be instrumental in finding and prosecuting the perpetrator. The County should do everything it can to assist the victim to obtain these services, not put roadblocks in the way.

2. The policy in place discriminates on the basis of disability. Title II mandates that the County engage in reasonable modifications of policy, and one such modification would be to allow victims of rape and sexual assault to have accessible transportation to the Rape Treatment Center without having to reserve the ride 24 hours in advance. This policy violates both title II of the ADA and Section 504 of the Rehabilitation Act of 1973, and puts the County’s federal funding at risk of suspension or termination.

3. You wrote that “Department of Transportation ADA Regulations at 49 CFR 37.131(b) and (f) state that:

“The entity shall schedule and provide paratransit service to any ADA paratransit eligible person at any requested time on a particular day in response to a request for service made the previous day.” This requirement is the least that must be done, not the ceiling. The Title II mandate that the County engage in a reasonable modification of policy requires more – it is eminently reasonable for the County to modify this policy to ensure that victims of rape and sexual assault be picked up by STS without making a reservation 24 hours in advance. Failure to modify the policy is a federal civil rights violation.

4. You also wrote that: “When a trip is reserved, the entity will need to know the origin, destination, time of travel, and how many people are traveling. The entity does not need to know why the person is traveling, and should not even ask.” I agree - The driver need not ask why the person needs to go to the Rape Treatment Center - the driver need only know that the Rape Treatment Center is the destination. The driver needs to be trained to keep information confidential, and there need to be consequences to drivers who fail to keep confidentiality.

In addition to my work as Director of Advocacy at the Center for Independent Living of South Florida, I also serve as Co-Chair of the County’s DVSAC (http://www.dvsacmiami.org/dev/home.html), and I will seek to have the DVSAC address this concern as well. In addition, I founded and serve as Executive Director of a nationwide nonprofit addressing violence against women – CAVNET –Communities Against Violence Network - and I am sharing these concerns with them as well. I urge the County to change this policy as soon as possible, so that victims of rape, sexual assault, and incest who need accessible transportation through Miami-Dade’s Paratransit system can get it.

Marc

You wrote:

Good afternoon Marc –

This is in response to your concerns of July 5, 2011:

1. Does a victim of rape who uses STS have to reserve a ride 24 hours in advance?

Response:

Yes, STS trips have to be reserved minimum a day before.

Department of Transportation ADA Regulations at 49 CFR 37.131(b) and (f) state that:

“The entity shall schedule and provide paratransit service to any ADA paratransit eligible person at any requested time on a particular day in response to a request for service made the previous day.”.

“When a trip is reserved, the entity will need to know the origin, destination, time of travel, and how many people are traveling. The entity does not need to know why the person is traveling, and should not even ask.”

2. Does the County have a policy on this?

Response:

Yes, for information regarding victims of rape, please contact Coordinated Victim Assistance Center (CVAC), Miami-Dade Department of Human Services, 2400 South Dixie Hwy, Miami, FL 33133, Telephone # (305) 285-5900 or visit MDC Human Services website: http://www.miamidade.gov/dhs/youth_domestic_violence.asp

IBM celebrates its 100th anniversary, and ignores its role in the Holocaust

2011-07-05T18:48:00.000-04:00

I recently received an email praising IBM on its 100th Anniversary, asserting that:

"From its earliest days, the information services giant has been designing products, including Braille printers and typewriters, aimed at helping people with disabilities fulfill their potential. IBM hired its first disabled person in 1914, and in 1942, it hired blind psychologist Michael Supa to create a program for hiring and training people with disabilities...."

The email goes on to praise IBM for all it has done for people with vision disabilities.

As the son of survivors of the Holocaust, I have a different view of IBM. Actually, IBM has a sordid history of conspiring with the Nazis in World War II - the company helped the Nazis, and caused the death of millions, including people with disabilities.

Take a look at http://www.ibmandtheholocaust.com/

"IBM and the Holocaust is the stunning story of IBM's strategic alliance with Nazi Germany -- beginning in 1933 in the first weeks that Hitler came to power and continuing well into World War II. As the Third Reich embarked upon its plan of conquest and genocide, IBM and its subsidiaries helped create enabling technologies, step-by-step, from the identification and cataloging programs of the 1930s to the selections of the 1940s."

"Only after Jews were identified -- a massive and complex task that Hitler wanted done immediately -- could they be targeted for efficient asset confiscation, ghettoization, deportation, enslaved labor, and, ultimately, annihilation. It was a cross-tabulation and organizational challenge so monumental, it called for a computer. Of course, in the 1930s no computer existed."

"But IBM's Hollerith punch card technology did exist. Aided by the company's custom-designed and constantly updated Hollerith systems, Hitler was able to automate his persecution of the Jews. Historians have always been amazed at the speed and accuracy with which the Nazis were able to identify and locate European Jewry. Until now, the pieces of this puzzle have never been fully assembled. The fact is, IBM technology was used to organize nearly everything in Germany and then Nazi Europe, from the identification of the Jews in censuses, registrations, and ancestral tracing programs to the running of railroads and organizing of concentration camp slave labor. IBM and its German subsidiary custom-designed complex solutions, one by one, anticipating the Reich's needs. They did not merely sell the machines and walk away. Instead, IBM leased these machines for high fees and became the sole source of the billions of punch cards Hitler needed...."

Let's not praise IBM too much for what they do for the blind community. Let's not forget what they did for Hitler. In my view, they don't deserve the support of the disability community.

Marc

Next Disability Advocacy Council Meeting Scheduled For Friday, July 22nd, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than five days before the event. Agenda: The ADA and Emergency Management -- Evacuation and Sheltering Services.

Raped and need STS to get to the Rape Treatment Center in Miami Dade? Better make a reservation 24 hours in advance

2011-07-05T17:57:00.000-04:00

Tuesday, July 05, 2011

Miami Dade County has a policy that prevents victims of rape or sexual assault from accessing STS services in a timely manner, and requires a victim of rape or sexual assault who uses STS, seeking help from the Rape Treatment Center, to reserve an STS vehicle 24 hours in advance of getting help. I think this is terrible public policy, and a violation of title II of the ADA and of Section 504 of the Rehabilitation Act of 1973. These federal civil rights laws mandate that the county make reasonable modifications of policy.

According to the County:
This is in response to your concerns of July 5, 2011:

1. Does a victim of rape who uses STS have to reserve a ride 24 hours in advance?

Response:

Yes, STS trips have to be reserved minimum a day before.

I have filed a complaint with the federal government.

marc

Next Disability Advocacy Council Meeting Scheduled For Friday, July 22nd, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than five days before the event. Agenda: The ADA and Emergency Management -- Evacuation and Sheltering Services.

State workers get pink slip under Gov. Rick Scott's budget - Florida - MiamiHerald.com

2011-07-05T11:50:00.000-04:00

State workers get pink slip under Gov. Rick Scott's budget - Florida - MiamiHerald.com

Next Disability Advocacy Council Meeting Scheduled For Friday, July 22nd, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than five days before the event.Agenda: The ADA and Emergency Management -- Evacuation and Sheltering Services.

Red Cross Materials on Serving People with Disabilities

2011-07-03T00:45:00.001-04:00

Emergencies can happen at a moment's notice. It is important to know your plans ahead of time so you are better prepared for any urgent situation. The booklet below gives tips on getting informed, making a plan, assembling a kit, and maintaining these plans for people with mobility problems or who have hearing, learning, or seeing disabilities.

These tips provide you and your caregivers with considerations needed to help manage communications, equipment, pets and home hazards.

The booklets are co-authored by the American Red Cross and Department of Homeland Security, FEMA and are available from your local chapter of the Red Cross.

Preparing for Disaster for People with Disabilities and other Special Needs

Next Disability Advocacy Council Meeting Scheduled For Friday, July 22nd, from 10 am to 12 noon.

6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than five days before the event.

Agenda: The ADA and Emergency Management -- Evacuation and Sheltering Services.

The making of Mayor Carlos Gimenez, Miami-Dade style - Miami-Dade - MiamiHerald.com

2011-07-03T00:31:00.000-04:00

The making of Mayor Carlos Gimenez, Miami-Dade style - Miami-Dade - MiamiHerald.com

Next Disability Advocacy Council Meeting Scheduled For Friday, July 22nd, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than five days before the event.Agenda: The ADA and Emergency Management -- Evacuation and Sheltering Services.

Scott cuts money for vets, kids — but not lobbyist - Fred Grimm - MiamiHerald.com

2011-07-03T00:30:00.000-04:00

Scott cuts money for vets, kids — but not lobbyist - Fred Grimm - MiamiHerald.com

Next Disability Advocacy Council Meeting Scheduled For Friday, July 22nd, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than five days before the event.Agenda: The ADA and Emergency Management -- Evacuation and Sheltering Services.

Blind kids are students of the martial arts moves - Broward - MiamiHerald.com

2011-07-02T07:05:00.000-04:00

Blind kids are students of the martial arts moves - Broward - MiamiHerald.com

Next Disability Advocacy Council Meeting Scheduled For Friday, July 22nd, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than five days before the event.
Agenda: The ADA and Emergency Management -- Evacuation and Sheltering Services.

What Did Katrina Teach Us? - Magazine - ABA Journal

2011-07-01T08:40:00.000-04:00

What Did Katrina Teach Us? - Magazine - ABA Journal

Next Disability Advocacy Council Meeting Scheduled For Friday, July 22nd, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than five days before the event.Agenda: The ADA and Emergency Management -- Evacuation and Sheltering Services.

Florida senator asks feds to reject new Medicaid plan

2011-07-01T08:10:00.000-04:00

Florida senator asks feds to reject new Medicaid plan

Next Disability Advocacy Council Meeting Scheduled For Friday, July 22nd, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than five days before the event.

Agenda: The ADA and Emergency Management -- Evacuation and Sheltering Services.

Paltalk and the deaf and hard of hearing community

2011-06-25T00:45:00.000-04:00

I was recently asked how the deaf and hard of hearing community can use Paltalk. A good question. Paltalk is accessible to the deaf. It has a typing option in addition to voice and video. When someone who is deaf ifentifies themselves as being in the room, we will simply all switch to text. In addition, there is a video option. No system is perfect -- I plan to also hold discussions using the conference call option by phone, independently of Paltalk, where deaf participants can call in using videophones, and hold meetings in person at the CIL. Auxiliary aids and services will be provided, upon request.

I am discussing ways to ensure that the deaf and hard of hearing community can fully participate. Suggestions are welcome.

Miami Herald: Miami-Dade Transit Agency’s financial woes drag on

2011-06-21T21:59:00.000-04:00

Posted on Tue, Jun. 21, 2011

Miami-Dade Transit Agency’s financial woes drag on

By Martha Brannigan

mailto:mbrannigan@MiamiHerald.com

A long-running suspension of federal grant money to Miami-Dade County’s transit agency is threatening to trigger serious financial fallout at County Hall, with commissioners and administrators talking openly about cutting services to Metrorail, Metrobus and Metromover if the crisis isn’t resolved soon.

County administrators, who are weeks away from presenting a new county budget, said at a County Commission meeting Tuesday they need to know what the transit agency’s financial picture will look like in order to plan for the coming fiscal year that begins Oct. 1.

Jennifer Glazer-Moon, the county’s director of strategic business management, warned commissioners at the meeting that the county may not have enough money in its general fund to continue covering the deficit from the suspension of federal grant money if the crisis, now in its seventh month, drags on. Since the freeze, the county has tapped about $118 million from the general fund and entered the suspended federal funds as a “receivable” to keep its books balanced.

Meanwhile, commissioners failed Tuesday to approve a measure that would allow the county to take out an emergency $100-million bridge loan from Citibank. The loan would provide funds to continue construction of Metrorail’s elevated link between Miami International Airport and the Earlington Heights Station and provide some cash toward the purchase of new railcars. The interim loan would be used until the financial crisis is resolved and the county can issue bonds to pay for the capital projects.

The vote on the bridge loan was a 6-6 tie, with several commissioners saying county administrators hadn’t provided them with the information needed to make an informed decision about such hefty borrowing. The commission expects to bring back the measure for reconsideration in July and is likely to pass it then.

With the transit agency’s finances under a cloud amid the ongoing federal investigation, the county previously postponed a $550-million bond offering planned for this summer, because the interest rate would have been painfully high.Besides the concerns raised during several Federal Transit Administration audits of Miami-Dade Transit, the U.S. Department of Transportation’s Office of Inspector General is conducting a criminal investigation of the transit agency, although the details of that probe aren’t clear.

But amid all the gloom over the transit agency, there was a bright note Tuesday: Commission Chairman Joe Martinez told fellow commissioners that FTA Administrator Peter M. Rogoff told him at a meeting in Washington, D.C., last week that the agency will release $65 million of the $185 million in federal grant funds that FTA has withheld from the county since the cutoff began in November.

Martinez said he was expecting the funds to be turned over to the county as early as Tuesday. However, the FTA said the timing of the payout hasn’t been finalized. FTA approved the $65-million payment after the county documented its eligibility for reimbursement for preventive maintenance done in 2010.

Problems at Miami-Dade Transit exploded last November when the FTA, which doles out federal transportation funds, suspended reimbursement in federal grants to the transit agency over concerns about shoddy financial management and weak internal controls. Regulators criticized the county agency for, among other things, failing to document how federal grant money was being spent and improper accounting for its bus fare boxes.

In April, federal regulators abruptly suspended several audits, making the unusually blunt assertion that they couldn’t determine “the veracity of MDT’s information.’’ The FTA laid out eight key areas it wants the county to address before the review can go forward. Harpal Kapoor, the transit agency’s embattled director, retired the same month.

The county has since sent the FTA extensive information to respond to its demands and has been prodding the feds to say what more they want.

“Our greatest frustration has been our inability to get any response back,’’ County Manager Alina Hudak told commissioners at Tuesday’s meeting.

On Tuesday, the FTA said it is developing a schedule to restart a number of the audits and to set up a way for the county to begin getting funds on a restricted basis.

Commissioner Bruno Barreiro suggested taking such a drastic measure as cutting services might get the attention of the FTA “when people start screaming and hollering.’’

But Commissioner Barbara Jordan warned against taking “a hard line’’ with federal regulators because it would hurt residents who rely on public transportation for work and other key needs.

--------------------------------------------------------------------------------

© 2011 Miami Herald Media Company. All Rights Reserved.

http://www.miamiherald.com

Read more: http://www.miamiherald.com/2011/06/21/v-print/2277937/miami-dade-transit-agencys-financial.html#ixzz1Pxwvwv4L

Why People with Disabilities Need to Vote in Miami -Dade's Election for Mayor

2011-06-18T23:46:00.000-04:00

Note: I am posting this in my private capacity.

It is very important that people with disabilities vote in the upcoming Mayoral election in Miami Dade County. The new Mayor, if he is committed to the needs and rights of the disability community, will affect our lives in countless ways. So will a mayor who ignores the needs and rights of our community.

The former Mayor of Miami Dade County did not support our community.

I told him that the federal civil rights of people with disabilities were being violated by his Department of Emergency Management. He didn't care.

I told him that his Transit Department was not serving the disability community. He didn't care.

I told him that there was not enough accessible, affordable housing in the County, He didn't care.

In sharp contrast, Commissioner Gimenez has repeatedly shown that he cares aboutour needs, and works to help us. He assigned an experienced staff member to work with the disability community, and again and again, used his position as Commissioner to address our needs and again and again, voted to protect us.

Remember the plan of the Mayor and the County Manager to dismantle the paratransit system, fire the current provider, and replace the Call Center employees with inexperienced staff? Commisioner Gimenez stood up for us, and stopped it from happening.

Again and again,Commissioner Gimenez's Aide, Frank Balzebre, attended our meetings, and advocated for our rights. In recognition of the importance of working with the disability community, Commissioner Gimenez appointed Frank as Liaison to the disability community, and again and again, they stood up for us.

The Miami Herald reported today that Carlos Gimenez has taken a commanding lead over his opponent. Early voting has started - go out and vote. Don't be complacent -- your vote matters. Vote for the candidate of your choice - but be sure to vote.

I am hoping that you will be able to join in on today’s discussion about the ADA and emergency management.

2011-06-17T06:27:00.000-04:00

Friday, June 17, 2011

I am hoping that you will be able to join in on today’s discussion about the ADA and emergency management. The CIL’s Disability Advocacy Council and CODI’s Access Committee are meeting at the same time, to avoid any Sunshine Act concerns. You can participate in person, at the CIL offices, located at 6660 Biscayne Blvd., or by conference call. Call 800-204-5502. Code: 938460.

The meeting is scheduled from 10 am -12 noon.

I would particularly like your views on the concern set forth below. A response in writing, with permission to share it, would also be appreciated.

Here are the issues:

The County has two policies that in my view adversely affect people with vision disabilities, and I am trying to get them to change them:

1. Unless one has registered for STS or for the County Special Needs Evacuation Centers, one has to take a bus to the Red Cross General Needs shelters. To do so, one must go to one of the specially designated Hurricane Evacuation Bus Stops. There is no door to door service to the Red Cross shelters (other than if one is registered for STS). For someone with a vision disability, there is a significant risk that they will not be able to find the correct bus stop, and I am advocating for the creation of a voluntary, confidential registry for people with disabilities to obtain door to door service to the Red Cross General Needs shelters. What is your view?

2. In addition, the County refuses to let a driver cross the threshold of an evacuee’s residence to help them. I am advocating for a change to this policy, as a reasonable modification of policy, mandated by the ADA. What is your view?

According to the Justice Department:

People with disabilities, including people who use wheelchairs and scooters for mobility, must have transportation that can safely get them to the right place, even if they cannot travel independently to pick-up areas. Some people need transportation starting from their home. – Dov Lutzker, (DOJ attorney) at http://www.ventusers.org/adv/iss-ada.html (Emphasis added).

In Brevard County, for example, the policy is better, but still not what I am advocating for. See http://embrevard.com/evacutrans-descr.cfm#cnty

Evacuation Transportation for Unregistered Residents

For a variety of reasons, there are Brevard County residents who need transportation to Red Cross shelters, although they have not registered into the Special Needs Shelter & Transportation program.

The EvacuTrans program has been initiated to serve these residents.

• Transportation vehicles will be school buses and drivers.

• Each municipality, as well as unincorporated areas of the county, selects central locations for bus pick up of these citizens. (Suggested locations were gathering points for homeless, mobile home parks, church or parks.)

• If the estimated count of residents who want to use this central pick up program can be obtained, the Emergency Management Office and SCAT would record the information for planning purposes.

• Once an evacuation has been declared, all municipality and county pick-up locations will be notified by SCAT of estimated arrival times of the school bus.

• All possible methods will be used for getting the word out, including a blanketed media promotion involving all agencies (faith-based, not-for-profit, municipal fire, police, county resources). Locations will be published countywide.

• If more clients are at a pick-up location than the bus can load, dispatch will be informed and a second/third bus will be sent to the overloaded pick-up location.

• Round trip from pick up location to shelter and back will be provided.

Here is what Miami Dade’s website says: http://www.miamidade.gov/oem/faq-evacuation.asp

Miami-Dade Transit operates bus service with accessible wheelchair lifts from predesignated Hurricane Evacuation Bus Pick-up Points throughout the evacuation zones and at mobile home parks. Please call 3-1-1 to locate the closest pick-up point to your home. Once the storm has passed, the buses will return to the shelters to transport you back to your neighborhood. These Emergency Evacuation Bus Pick-Up Sites are identified by a sign that reads "EMERGENCY EVACUATION BUS PICK-UP SITE." The buses placed into service for the evacuation will have displays that read "EMERGENCY EVACUATION " and these buses will only travel between the Emergency Evacuation Bus Pick-Up Sites and the opened hurricane evacuation centers. Once a hurricane evacuation center reaches 80 percent capacity, an additional hurricane evacuation center in the surrounding area is opened. All Miami-Dade County hurricane evacuation centers accept individuals with service animals.

How will evacuees with vision disabilities find these predesignated Hurricane Evacuation Bus Pick-up Points? The addresses are listed on the website, but how will the bus stops be found? Does this concern you?

I hope you can attend, and participate.

Marc

Next Disability Advocacy Council Meeting Scheduled For TODAY -- Friday, June 17th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025.
AGENDA: The ADA and Emergency Management

New Opportunity for Online Discussions of Disability Issues - Paltalk.com

2011-06-16T19:11:00.000-04:00

I want to hold a series of online discussions about the ADA and Emergency Management, as well as discussions using a conference call. Please let me know if you want to participate.

The phone calls will be held using the number set forth below:
800-204-5502. Code: 938460

The online discussions will be held using a free, downloadable program called Paltalk, located at http://www.paltalk.com/.

If you choose to use Paltalk, please add me, and let me know your Paltalk nickname. My Paltalk nickname is DisabilityAdvocate.

Next Disability Advocacy Council Meeting Scheduled For Friday, June 17th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025.

Upcoming Discussions About PWD and Emergency Management

2011-06-15T05:15:00.000-04:00

We plan to hold a series of ongoing discussions concerning people with disabilities and emergency management, with guest speakers. We hope to have these discussions once a week, over the next several months.

Suggestions for topics, speakers, and subject matter experts are welcomed. We will post the schedule as this develops. Please write to mdubin@pobox.com with suggestions and if you want to be involved. My thanks to Laura George for her assistance with this.

Please don't forget to join us this Friday, from 10 am - 12 noon.

Topic: The ADA and Emergency Management

Upcoming Discussions:

800-204-5502 . Code: 938460

• Testing of Emergency Plans, and People with Disabilities.

http://www.hhs.gov/od/disabilitytoolkit/evacuation/independence.html

“In 1997, the New York City Office of Emergency Management conducted a drill called the Interagency Chemical Exercise (I.C.E.). The drill involved disability issues to present first responders with a realistic situation. It also proved to be a chance to educate response agencies on how to improve systems. The evaluators found that wheelchairs, glasses, and canes were not properly decontaminated. Additionally, service animals were not handled properly. As a result, the cold zone (safe area) was contaminated because assistive devices, like wheelchairs, were not managed properly. If this happened in a real event, it could have caused serious harm to the community, people with disabilities, and responders alike.”

“Lesson Learned: State emergency planners should create protocols to decontaminate support equipment and animals. Share these with community planners and responders.”

See Incorporating Special Needs Populations into Emergency Planning and Exercises, Davis, E and J. Mincin

This study provides case studies of exercises in New York City and the Pentagon. Through exercises, cities learned that existing plans did not address decontamination of supportive equipment and guide animals.

Access this document at http://www.nobodyleftbehind2.org/findings/davis_mincin.shtml

Also see links posted at http://www.hhs.gov/od/disabilitytoolkit/evacuation/independence.html

• Durable Medical Equipment and Evacuations

See http://www.hhs.gov/od/disabilitytoolkit/evacuation/independence.html

“In a shelter, people who rely on assistive devices should not be separated from their equipment. This may cause someone who is normally self-sufficient to become dependent if he or she cannot use their equipment. Planners should work with advocates and persons with disabilities to educate emergency management and shelter staff. Topics can include the variety and use of assistive devices like scooters, wheelchairs, walkers canes, crutches, or communication devices.

Medical devices may stop working or become lost in a disaster or evacuation. Develop partnerships to create resources for durable medical equipment replacement. Additionally, make provisions to adequately disinfect/clean all durable medical equipment to preclude infections such as MRSA.”

Also see links posted at http://www.hhs.gov/od/disabilitytoolkit/evacuation/independence.html

Also see http://www.katrinadisability.info/PDFsK/katrina_snake_report.pdf:

Recommendations

• When transporting individuals, make every effort not to separate users from their DME’s.

• Tag with the owner’s name all DME not easily replaced or that must be left behind.

• Attempt to return a DME to an owner as soon as possible. Use systems similar to posting missing children’s photos on specific web sites.

• Vendors and responders should look to the National Emergency Resource Registry that was recently expanded as a direct result of the impact of Hurricanes Katrina and Rita.

• Consider creation of a national stockpile of DME or add to the Centers For Disease Control Strategic National Stockpile to ensure readily available supplies of durable medical goods would be available to communities.

• Use of the Term “Special Needs”

See http://www.katrinadisability.info/PDFsK/katrina_snake_report.pdf :

“For purposes of this report, the term “disability and aging specific” will be used in place of “special needs”. The special needs label often used as “emergency responder short cut language” to describe the disability and aging populations is admittedly confusing and unclear. Some people interviewed were unclear as to what groups are actually included in this term. Some responder’s definition of who was included in the group was quite narrow.

Within the emergency management field the term S/N “special needs” is defined in multiple ways. Often, important segments of this diverse group are overlooked (i.e. people with hidden disabilities, people with serious mental illness, people with intellectual and cognitive disabilities, people with a variety of visual, hearing, mobility, emotional and mental disabilities and activity limitations.)”

• Enhancing Relationships Between the Disability Community and Emergency Management

See http://www.katrinadisability.info/PDFsK/katrina_snake_report.pdf : “The gap between emergency management and disability and aging specific organizations widened when the organizations serving these populations tried to connect with the emergency management community - 85.7% of these community-based groups answered that they did not know how to link with the emergency management system…”

• Red Cross Services in General Needs Shelters - Serving the Deaf, Hard of Hearing, and Deaf Blind Communities

What does the ADA require? The South Florida Experience. See http://www.adaadvocacyblog.org/. Contact Person: Marc Dubin, Esq., mdubin@pobox.com. 305 896 3000. Director of Advocacy, CIL of South Florida. Former Senior Trial Attorney, U.S. Department of Justice, Disability Rights Section, Civil Rights Division, Washington, D.C., 1993-2005.

See http://www.katrinadisability.info/PDFsK/katrina_snake_report.pdf :

“The most underserved group were those who are deaf or heard of hearing. Less than 30% of shelters had access to American Sign Language interpreters…”

“80% did not have TTY’s, and 60% did not have TVs with open caption capability.”

“Only 56% of shelters had areas where oral announcements were posted so people who are deaf, hard of hearing or out of hearing range could go to a specified area to get or read the content of announcements. This meant that the deaf or hard of hearing had no access to the vital flow of information….”

Next Disability Advocacy Council Meeting Scheduled For this Friday, June 17th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than 5 days in advance of the meeting.
Agenda: The ADA and Emergency Managment

Questions Raised About Emergency Management's SNAP Committee - Member Resigns

2011-06-12T00:34:00.000-04:00

6/12/11
As readers of this Blog will recall, Miami Dade's Department of Emergency Management has been criticized for failing to genuinely involve the disability community in its planning and testing processes, and for failing to comply with the mandates of the ADA. Last year, in response to these criticisms, the Department announced the formation of a Committee designed to allow members of the disability community to meet with them and participate in discussions and testing of the County's plans.

Many in the disability community were skeptical.

Looks like we had good reason to be.

I asked if the meetings were open to the public -- No.
I asked if there were agendas -- No.
I asked if there were minutes of the meetings -- No.
I asked if membership was open to interested members of the public, including me -- No. The Department of Emergency Management hand-picked who they wanted.

I repeatedly asked the County's Office of ADA Coordination to help in getting answers. They ignored the requests.

In fact, there have only been a handful of meetings, and apparently, very few results. There is no mention of the SNAP Committee on the County's website (at least, none that I could find), and no reports of what it does or who belongs to it.

At the last CODi meeting, Mr. Sommerhoff implied to CODI that here was no merit to my allegations of violations -- he told them that in fact, an attorney from Disability Rights Florida (the state's Protection and Advocacy agency) was a member of the SNAP Committee - the implication being that if there was merit to my complaints, Disability Rights Florida would have brought it to his attention, as a member of his Committee. In light of their failure to do so, there must be no merit to my assertion that his agency was engaging in discrimination.

Wow.

I checked into it.

In fact, an attorney from Disability Rights Florida had been appointed, and was serving as a member of the SNAP Committee.

Contrary to the implication presented at the CODI meeting, however, Disability Rights Florida had never asserted that my allegations were meritless. In fact, no one from Disability Rights Florida had ever attended a single SNAP meeting, and had had no discussions about the ADA with Mr. Sommerhoff or his office. The attorney did not even recognize Mr. Sommerhoff's name, and had been invited to join only recently, when she met one of Mr. Sommerhoff's associates at a meeting. Another cover, instead of a genuine effort to obtain guidance.

On Wednesday of this week, Disability Rights Florida officially resigned from Mr. Sommerhoff's SNAP Committee.

The other members of the SNAP Committee should resign as well, instead of serving as cover for another phony County advisory committee.

Mr. Sommerhoff, if he is genuinely interested in partnering with and learning from the disability community, should form a real disability advisory committee, hold regularly scheduled meetings, allow the public to participate,(including me), post agendas, and keep minutes. He should earn the disability community's trust, and support. It's about time. Will he do so? I am willing to help, as are other members of the disability community. Does he genuinely want it, or does he want to go on pretending to be seeking our advice?

Marc

Next Disability Advocacy Council Meeting Scheduled For Friday, June 17th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than 5 days before the event.
Agenda: Emergency Management and the ADA.

Do you have a service dog? Here's a paper to carry with you.....

2011-06-11T22:40:00.000-04:00

I am a member of the Disability Advocacy Council of the Center for Independent Living of South Florida. I have a disability and use a service dog. My dog assists me with tasks associated with my disability, and discrimination against me on the basis of my disability is prohibited by the Americans with Disabilities Act (ADA).

I have the right to access your establishment just like any other customer, and my service dog is allowed to accompany me.

You have the right to ask me if my dog is a service dog and what tasks it performs for me. That’s it.

You may not require me to produce any special identification for the dog or proof of training.

You may not require me to talk about my disability – all I am required to tell you is that I have a disability – that’s all.

You may not charge me anything extra because of my dog. In the unlikely event that my dog damages something, I will pay for the damage.

You may not seat me away from others or in any way that isolates me or segregates me from others. You may not seat me near a bathroom, near the kitchen, or in any less desirable location than others simply because I have a service dog with me.

If my dog is out of control and I cannot bring it under control, you may ask me to take my dog outside.

If my dog poses a threat to others, and I cannot address the threat, you may ask me to take my dog outside.

Even if your business has a “no animals allowed” policy, and even if the state health code prohibits animals on the premises, you must allow me to be accompanied by my service dog.

Service dogs come in all breeds and sizes, and assist people with a wide range of disabilities, not just people with vision disabilities. Feel free to ask me if I have a disability, and what tasks my dog performs for me. Please don’t ask me anything else.

If you discriminate against me, I will seek the assistance of Marc Dubin, Esq., Director of Advocacy at the Center for Independent Living of South Florida, and we will file a complaint with the Civil Rights Division of the U.S. Department of Justice, in Washington, D.C., asking the Justice Department to open an investigation of your actions against me.

Marc formerly served as a Senior Trial Attorney in the Disability Rights Section of the Civil Rights Division for over 12 years, where he was responsible for nationwide enforcement of the ADA on behalf of the United States.

If the Justice Department investigates you, and finds that you discriminated against me, they can obtain damages on my behalf for the violation of my federal civil rights, and impose a civil penalty of up to $55,000. I want to be your customer, and pay you for the services you provide. Please let me.

Next Disability Advocacy Council Meeting Scheduled For Friday, June 17th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than 5 days before the meeting. Agenda: Emergency Management and the ADA

Concerns about 311 and Information for people with disabilities in disasters

2011-06-10T12:09:00.000-04:00

Friday, June 10, 2011Next Disability Advocacy Council Meeting Scheduled For Friday, June 17th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than 5 days before the meeting,
Agenda: Emergency Management and the ADA

Judi Zito

Director

Miami-Dade County

Government Information Center

Stephen P. Clark Center

111 N.W. 1st Street, Suite 2510

Miami, Florida 33128

jxw@miamidade.gov

Dear Ms. Zito:

I wrote to you several weeks ago, on May 12th, expressing concern about the quality of services provided by your office to people with disabilities looking for information about services available to them in disasters. In that email, I wrote about the experiences of an individual with a vision disability who had called 311 to get information. I wrote:

“In the course of the conversations, he was repeatedly misinformed about services, diverted from the mass care shelters run by the Red Cross, was repeatedly told he had to fill out an application for the Special Needs shelters despite informing the 311 operator that he had no health issues, just a vision disability, and was repeatedly told he could not obtain the application for the Special Needs shelter in Braille or large print, a violation of title II of the Americans with Disabilities Act and of Section 504 of the Rehabilitation Act of 1973.”

These problems persist, and I have not heard back from you – it has been over a month. We are now in hurricane season. While several of your staff have been in touch with me, and are trying to address the concerns, your staff still makes mistake after mistake, and questions of consequence are not answered. Why have I not heard back from you, in over a month? Doesn’t this deserve your attention?

In the interim, I have tested the 311 system, repeatedly calling and asking questions of your staff about transportation, registration, sheltering options, services provided in shelters to evacuees with disabilities, and a variety of other issues. I have made several hundred calls over the course of the month, and frankly, your staff has failed, miserably. Consistently wrong answers, diversion to other agencies, and lengthy wait times, particularly in the evening – some were as long as ten minutes - most recently, last night.

Answers are consistently wrong, or simply unavailable, Repeatedly, I was told to call the Department of Emergency Management for answers. They, in turn, refuse to answer, and refer me to the County Attorney’s Office. They, in turn, refuse to respond to questions and are openly hostile to complying with the ADA, apparently desirous of getting some federal trial experience or meeting Justice Department attorneys with whom I used to work. The County’s Office of ADA Coordination remains silent, and oblivious to the needs of the disability community and the ongoing ADA violations. Where were they when all that was offered to evacuees in wheelchairs were inflatable mattresses and no transfer assistance? Why are they allowing inaccessible videos? Why was their own grievance form inaccessible until I brought it to their attention last month? Where is the leadership?

Diverting calls to the Department of Emergency Management results in fewer people with disabilities being able to access the information they need to make an informed decision on a disaster. As you know, the 311 call center is open from 7 am until 8 pm, and Saturdays. There are a hundred people on staff to answer calls. In contrast, the Department of Emergency Management is open far less frequently, and closed on Saturdays. They have only a handful of staff to answer calls. Diverting callers inquiring about services to people with disabilities to another agency in order to get answers results in a significant difference in the level of service.

In addition, quite often, your staff simply gets the answers wrong, misleading the disability community about evacuation and sheltering options, and endangering lives. Moreover, the County’s website, to which many look for answers, lacks this information, and videos on the County’s website are inaccessible – they lack sign language interpreters and captioning. Why did your office not address these concerns in advance of hurricane season?

Who is advising you about the obligations imposed by the ADA?

Admittedly, the Department of Emergency Management and the Red Cross have also created tremendous barriers for evacuees with disabilities, and the County’s Office of ADA Coordination and County Attorney have been no friend of the disability community. These are violations of federal civil rights – why have they allowed these violations to continue? Why have you and other high-level County officials allowed this to happen, and to continue?

Apparently, there are many questions that your staff has not been authorized by Mr. Sommerhoff to answer, causing people with disabilities to remain uninformed about their evacuation and sheltering options. Nevertheless, your office is responsible for ensuring that information is disseminated to the community – why has the County not been able to speak with one voice about the services available to the disability community in disasters?

Why must people with disabilities be forced to jump through so many hoops, and contact so many county agencies, just to get answers? Where is the leadership of your office, to ensure that the County’s 311 program and the County’s website provide the answers? Why are there videos on the County’s website without sign language interpreters and without captioning? Why was the Press Conference about hurricane season not captioned? Why was the test of the Turkey Point Nuclear Power Plant Emergency warning made accessible to the deaf and hard of hearing community? Isn’t that the responsibility of your office? Why didn’t your ADA Coordinator catch these problems? Why didn’t the Office of ADA Coordination? Why didn’t Mr. Sommerhoff’s office catch these problems? Why are these concerns consistently, and repeatedly, ignored?

Many of the questions I have been asking are questions that can be easily answered, yet your staff consistently get the answers wrong, or divert the calls to the Department of Emergency Management, often for something as simple as sending out a document in Braille or other alternative format. Your staff has told me that they are not able to provide the documents in alternative formats. Why not? Why can’t your staff simply take the order for the document and make arrangements to have it sent out? Why does a caller have to make an additional call to another agency to get the document?

I asked a series of questions, and your staff consistently got the answers wrong, all month long, some as recently as today. For example:

• On multiple occasions, I told them that I had a disability and wanted to register for transportation to the mass care, general needs shelter operated by the Red Cross (the County’s Hurricane Evacuation Centers). Again and again, I was told that I needed to fill out the application for the Special Needs shelter. In fact, the County does not provide transportation to the Red Cross shelters, other than mass transit, at predetermined hurricane evacuation bus stops. Many of your staff apparently do not know this, as I was repeatedly told that I needed to fill out the application for the EEAP Program to get transportation to the Red Cross shelter. One of your staff told me this as recently as this morning.

• Your staff told me that I needed to call the Red Cross for information, instead of answering my questions. The Red Cross does not answer the phone, and their website is devoid of information about services to people with disabilities.

• I repeatedly asked your staff about the availability of assistance with transferring from a wheelchair to a toilet, and assistance with using the toilet.. I was told that these services were not available, despite the Justice Department saying that it is required. According to the Justice Department:

“Emergency programs, services, and activities typically must be provided in an integrated setting. To provide emergency shelter in an integrated setting, basic support services must be available, such as assistance in wayfinding, eating, dressing, transferring to or from a wheelchair, toileting, and reminders to take medication…. . Shelters need to house people with varied disabilities and provide the supportive services they need to function in that setting.” http://www.ventusers.org/adv/iss-ada.html

• I asked about the availability of transfer assistance in a Red Cross shelter. Many of your staff did not know if this service is available. It has been available since 2009.

In short, it appears that the 311 system remains unprepared to answer questions about evacuation and sheltering services for the disability community, and the County’s Department of Emergency Management remains resistant to providing the services they are mandated to provide pursuant to federal civil rights laws prohibiting discrimination on the basis of disability. I am turning to you, once again, to exhibit the leadership needed to address these concerns, and to ensure that callers to 311 receive accurate information, complete information, and information that addresses all of their questions. I am asking that you show the leadership necessary to ensure that callers are not diverted to another agency, that your office develop a Frequently Asked Questions brochure, and that you address the accessibility issues of the County’s website and videos.

It is well past time that people with disabilities at least receive access to the information they need to make an informed decision, and well past time that you responded to the needs of the disability community.

I look forward to hearing from you. When will I?

Sincerely,

Marc

Marc Dubin, Esq.

Director of Advocacy

Center for Independent Living of South Florida

Mobile: 305-896-3000

Fax: 877-731-3030

mdubin@pobox.com

Skype: marc.dubin

Twitter: @adaexpertise

Blog: http://www.DisabilityAdvocacyBlog.org

Former Senior Trial Attorney, U.S. Department of Justice

Civil Rights Division, Disability Rights Section 1993-2005

www.ada.gov

Responsible for nationwide enforcement of the ADA and Section 504 on behalf

of the United States 1993-2005

http://www.disabilityadvocacycouncil.org/

http://www.disabilityadvocacyblog.org/

http://www.dvsacmiami.org/

http://www.dvsacmiami.org/

http://www.soflacil.org/

http://medicaidinflorida.blogspot.com/

Former Special Counsel, Office on Violence Against Women, USDOJ

http://www.facebook.com/ADAExpertise

Tom Perez, Assistant Attorney General, Civil Rights Division, US Department

of Justice:

"....I can confidently report that the Civil Rights Division is once again

open for business. The Civil Rights Division is committed to vigorous

enforcement of the ADA... We have placed a renewed focus on enforcing the

ADA ..."

“Several years ago, I worked with Marc in resolving a complaint against a local arts organization concerning accessibility. I found Marc to be thoroughly professional, an expert on the ADA, and a fine example of what an attorney advocating for his client can accomplish.” Betty Siegel, Director of Accessibility at the John F. Kennedy Center for the Performing Arts, Washington, D.C.

Available for Consultations

Issues In Emergency Management: Alerts:

2011-06-10T00:26:00.002-04:00

Issues In Emergency Management: Alerts:

Deaf and hard of hearing individuals are unable to access traditional alarms, or access videos and press conferences in the absence of sign language interpreters and captioning. In your community, How are they alerted to disasters?

Recently, the Miami Dade Department of Emergency Management, in partnership with others, tested the alarm system of the Turkey Point Nuclear Power Plant. To my knowledge, the only indication that this was a test, and not a real nuclear meltdown, was an obscure notice on the County’s website that this was a test. In addition, for people who are deaf or hard of hearing, there was nothing done to alert them. Residents of the Florida Keys were apparently ignored entirely. Is there a plan that includes alerting people who are deaf or hard of hearing? What does it say? Does your community have one?

Recently, the Miami Dade Department of Emergency Management, in partnership with others, held a press conference to discuss the start of hurricane season in Florida. For the first few minutes, while the participants were being introduced, the sign language interpreter was completely off-screen. Throughout the entire press conference, there was no captioning, so late deafened viewers had no idea what was being said. The video of the press conference was posted online, on the County’s website. There is a series of videos on the County’s website. They lack sign language interpreters and lack captioning, and are inaccessible.

Does your county provide qualified sign language interpreters and captioning at press conferences and on their videos?

How do they notify the deaf and hard of hearing community about disasters? Do police officers know where they live? Is there a voluntary registry in place?

Do they assume everyone has a text phone and access to the Internet? Do they go door to door? What do they do? What does your County’s disaster plan say about this?

Marc

Next Disability Advocacy Council Meeting Scheduled For Friday, June 17th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than 5 days before the event..

Issues in Emergency Management: Transportation and Dissemination of Information:

2011-06-10T00:13:00.000-04:00

Issues in Emergency Management: Transportation and Dissemination of Information:

How does your County transport people with disabilities to emergency shelters? Is information about disaster services to people with disabilities readily available?

Does a person with a disability have to register for transportation, in advance, and provide medical documentation of the disability to qualify for the service? (Yes, in Miami Dade County, for the Special Needs shelters).Or does a person with a disability have to find a bus on the street to get to the shelter?

(Yes, in Miami Dade County, for the general needs shelters operated by the Red Cross).

Paratransit:

In Miami Dade County, a person with a disability can sign up for Paratransit services, and in the event of a hurricane or other disaster, then call and make a reservation to go to the general needs, mass care shelter run by the American Red Cross in partnership with the County (In Miami Dade County, the mass care shelters are called Hurricane Evacuation Centers).

Alternatively, if they want to go to the County’s Special Needs shelters (in Miami Dade County, the Special Needs shelters are called Special Needs Evacuation Centers), transportation is provided “door to door” but as a matter of policy, the driver is not permitted to enter the evacuee’s premises. This policy, of course, fails to take into consideration the needs evacuees with disabilities may have, in carrying the items they need, and violates the ADA.

Sheltering concern:

In addition, according to Miami Dade’s 311 program, if a person with a disability wants their family members to also get shelter, family members must go to the Red Cross shelters, and cannot accompany the evacuee to the Special Needs shelter (source: Call with 311, 1230 pm, June 9th, 2011).This is probably incorrect information, but that’s what 311 told me, in the middle of hurricane season. They have repeatedly told me that, on prior calls as well. When I said that I had two young children, and wanted them to accompany me to the Special Needs shelter, the 311 operator backtracked, asserting that she did not know the answer, and that I had not told her that the family members I had referred to were children. Why should I have had to tell her that? She told me that was not sure if I could bring my children to the Special Needs shelter. (All calls to 311 are recorded, at their end). She then put me on hold (1234 pm- 1244 pm), and consulted with a supervisor and with emergency management. When she returned, she put her supervisor on. The supervisor said I could bring my immediate family to the Special Needs Evacuation Center. She said that ambulances would be used to transport an evacuee to a Medically Managed Facility. I pointed out that I was asking about the Special Needs Evacuation Centers, not the Medically Managed Facilities. She put me on hold again (1252 pm - 1254) and said she would add someone from emergency management to the call. When she returned, emergency management (Roberto Cepeda) joined the call. He said that they would transport the family members. He was clearly frustrated that I keep asking these questions, insisted that he had other matters to attend to, and hung up on me. Making sure that the disability community has the information it needs does not appear to be a priority. Where is the leadership?

In addition, as a matter of policy, the County’s Department of Emergency Management refuses to release the locations of Special Needs shelters. Instead, their policy is to send a letter identifying the location only to those it registers. How are tourists with significant disabilities supposed to receive sheltering services in a hurricane, when registration is required, and the locations of the Special Needs shelters are kept secret? I also wonder whether evacuees with vision disabilities who are sent these letters get the letters in formats they need (E.g., Braille, large font, etc.).

I called again, and again the 311 operator had no idea what the answer was. She put me on hold for 5 minutes, and then transferred me to a supervisor, who was clueless. She again insisted that 311 could not answer the questions, and insisted that I needed to speak to the Department of Emergency Management. The Miami Dade County runaround. What will it take?

When will 311 get this right, and not keep sending people with disabilities to the Department of Emergency Management for answers? Why is the County’s Department of Emergency Management continuing to play hide the ball with information the disability community needs and to which it is entitled? When will the needs of the disability community matter?

Registration Issues:

There is no advance registration required for admission to the mass care shelters. For admission to the Special Needs shelters, however, one “is strongly encouraged” to register, and is admonished that failure to register may result in an inability to get in. (Recordings one hears when on hold with 311 inform the caller that registration for Special Needs shelters is mandatory.)

Sometimes, in Miami Dade County, one is told by County officials that registration for the Special Needs shelter is not optional, but is mandatory.

For those pre-registered with the County’s Paratransit service, one can get door to door services to the Red Cross shelter, but as a matter of policy, the driver is not permitted to enter the evacuee’s premises.

If a person with a disability wants to evacuate to the mass care shelter run by the Red Cross, and is not pre-registered for the Paratransit service, then one cannot get door to door service to get to the shelter. As a matter of policy, the County offers these individuals with the option of getting to the Red Cross shelter with a friend or family member, or by going to specific bus stops and waiting for a specially-designated bus marked as a hurricane evacuation bus.

An individual with a vision disability or an evacuee with a mobility disability would have to somehow locate these specially-designated bus stops. If they cannot find them (or see them, or wheel themselves to them), they are apparently out of luck. There are only 64 of them throughout the county. See http://www.miamidade.gov/OEM/library/bus_pick-up_points.pdf This is a PDF document, and many screen readers have difficulty with PDF documents. The Miami Dade County Department of Emergency Management (Whose website is inexplicably located at http://www.miamidade.gov/OEM instead of .....DEM) does not indicate on their website that the listing of bus evacuation stops is available in alternative formats. I placed a request with the Department of Emergency Management for a copy of the bus pick up points in Braille and large print today, to share with consumers. I’ll let you know if I ever get it.

Marc

June 9th, 2011

Marc Dubin, Esq.

Director of Advocacy

Center for Independent Living of South Florida

Mobile: 305-896-3000

Fax: 877-731-3030

mdubin@pobox.com

Skype: marc.dubin

Twitter: @adaexpertise

Blog: http://www.disabilityadvocacyblog.org/

Former Senior Trial Attorney, U.S. Department of Justice

Civil Rights Division, Disability Rights Section 1993-2005

http://www.ada.gov/

Responsible for nationwide enforcement of the ADA and Section 504 on behalf

of the United States 1993-2005

Next Disability Advocacy Council Meeting Scheduled For Friday, June 17th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than 5 days before the event.

Information about upcoming DAC meeting on emergency management and the ADA

2011-06-07T19:27:00.000-04:00

Please share:

The CISFL's Disability Advocacy Council meeting is open to anyone who wants to participate, from anywhere in the United States. Meetings are held monthly. We will be discussing disasters and people with disabilities, in light of the arrival of hurricane season in Florida.

The issues are all national in scope - we will be discussing the Americans with Disabilities Act (ADA), and its application to emergency management, including services provided by the Red Cross, which partners with various Departments of Emergency Management to provide sheltering services.

I recommend that participants consider visiting the Justice Department's Civil Rights Division's website, and looking at Chapter 7 of the Tool Kit. See links below.

The seventh installment of the Tool Kit, issued July 26, 2007, includes:

Chapter 7, Emergency Management under Title II of the ADA (HTML)
(PDF) http://www.ada.gov/pcatoolkit/chap7emergencymgmt.htm

Chapter 7, Addendum 1: Title II Checklist (Emergency Management) (HTML)
(PDF)

http://www.ada.gov/pcatoolkit/chap7emergencymgmtadd1.htm

Chapter 7, Addendum 2:The ADA and Emergency Shelters: Access for All in Emergencies and Disasters (HTML)
(PDF)

http://www.ada.gov/pcatoolkit/chap7shelterprog.htm (This one is particularly important.)

Chapter 7, Addendum 3: ADA Checklist for Emergency Shelters (HTML)
(PDF)

http://www.ada.gov/pcatoolkit/chap7shelterchk.htm

Introduction to Appendices 1 and 2 (HTML)
(PDF)

http://www.ada.gov/pcatoolkit/introapp1and2.htm

The more participants, the better.

Questions addressed will include, but not be limited to:

- What is the difference between a Special Needs shelter and a general needs shelter? What does this mean for evacuees with disabilities? What does the ADA require?

- What are the transportation obligations to get people with disabilities to general needs shelters run by the Red Cross? What are the violations that are occurring?

- Do shelters have to provide prescription medications? (Yes). Are they going to?

- Do shelters have to provide dog food to service dogs? (Yes). Are they going to?

- When sharing information with the community, are Departments of Emergency Management complying with their obligations to ensure effective communication? Are they providing sign language interpreters? Captioning?

- Are websites of the Red Cross chapters hiding information from the disability community, to cut down on demand?

- Do shelters have to provide accessible beds and transfer assistance? (Yes). Do they?

- Do shelters have to provide assistance with dressing? (Yes). Will they?

- Do shelters, including Red Cross shelters have to allow people with disabilities into general needs shelters, even if their Personal Care Attendants don't show up? (Yes). Do they?

- Do shelters have to provide transfer assistance from one's wheelchair to the toilet? (Yes). Do they?

Meetings are scheduled for Friday June 17th and Friday July 23rd.

10 am - 12 noon.

You may participate in person or by conference call. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) To participate by phone: 800-204-5502. Code: 938460

For ADA accommodations, contact Mary at the CIL, at 305-751-8025, no later than five days before the meeting.

Join us, and participate. Questions and comments are welcome. Write to me at mdubin@pobox.com. RSVPs are appreciated.

Marc

Example of Voluntary Registry for People with Disabilities

2011-06-03T16:44:00.000-04:00

Please visit http://www.eulesstx.gov/police/em/SNAP.htm

Special Needs Assistance Program

Residents of Tarrant County with special needs or permanent disabilities now have the ability to make their situations known to emergency responders. The Special Needs Assistance Program (SNAP) has been initiated by the Fort Worth-Tarrant County Office of Emergency Management for maintaining vital information on persons with special needs or permanent disabilities to better provide aid in the event of a disaster or other life threatening emergency. Residents of Tarrant County are encouraged to register each year to provide disability-specific information, such as the need for life support systems or mobility aids.

Information received by the Office of Emergency Management for the SNAP Program is kept confidential and used only by emergency response agencies. Euless residents may register directly online at www.snapforyou.org. If you should need registration assistance or have questions please contact Joe Kraft with the Euless Office of Emergency Management at 817-685-3144.

Next Disability Advocacy Council Meeting Scheduled For Friday, June 17th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than 5 days before the event. AGENDA: The ADA and Emergency Management

Yet another example of the County ignring the ADA in sheltering

2011-06-03T15:57:00.000-04:00

June 3, 2011

I have to admit – this is getting tiresome. I tell the County what the law requires, and they just ignore it. Here’s yet another example:

County website: http://www.miamidade.gov/oem/faq-evacuation.asp#If I have to evacuate to a Hurricane Evacuation Center, what should I bring?

"Why do I need to bring food with me to a Hurricane Evacuation Center? While Hurricane Evacuation Centers will provide meals such as sandwiches and soups, it will take time to get the food set up and served so you should eat before you leave your home. In addition, you should bring snacks. If you require a special diet you must bring those items with you." (Emphasis added).

DOJ: http://www.ada.gov/pcatoolkit/chap7shelterprog.htm

"Provide food options that allow people with dietary restrictions to eat. Because of disabilities, some people are unable to eat certain types of food. For example, people with diabetes must restrict their intake of carbohydrates. Other people have severe allergies to common food ingredients, such as peanut oil and byproducts. In planning food supplies for shelters, emergency managers and shelter operators need to consider foods and beverages for people with common dietary restrictions."

When will they comply with the law? What will it take?

Next Disability Advocacy Council Meeting Scheduled For Friday, June 17th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than 5 days before the event,
Agenda: The ADA and Emergency Management

Hurricane Preparedness Press Conference Online - Miami Dade County -- No Mention of People with Disabilities

2011-06-03T15:38:00.001-04:00

Please visit http://miamidade.granicus.com/MediaPlayer.php?publish_id=285

The County posted a news conference online, discussing emergency preparedness. The meeting was held June 1st, 2011.

For the first three minutes, the camera failed to include the sign language interpreter in the picture. She was completely out of frame. During those three minutes, all of the particpants were introduced.
There is no captioning. People who are late-deafened have no access to it.
Mention was made of the 2011 Hurricane Preparedness Guide, available online at http://www.miamidade.gov/hurricane/library/Hurricane_Guide.pdf. It is available in PDF - no mention is made of its availability in alternative formats such as Braille. For many users with vision disabilities, PDF is inaccessible. It needs to be made available in text, for screen readers, and in alternative formats upon request, such as Braille, large print, and on CD Rom or audiotape.
As has historically been the case, not a single speaker made any reference to people with disabilities.
There was no mention of services available to people with disabilities, and no reference to the County's Special Needs shelters. Yet another year of being ignored. Again, an afterthought....
Officials spoke Spanish and Creole to the press. Nothing was translated, and there was no captioning.Nothing said in Spanish or Creole was interpreted by the sign language interpreter. Are there no sign language interpreters who speak Spanish or Creole?
I called 311 to get copies of the 2011 Hurricane Guide, in alternative formats. They were unable to provide them, and told me that I had to call the Department of Emergency Management (DEM) to get them in alternative formats. When I spoke with DEM, they agreed to send them, but could not tell me how long it would take for them to produce them. Why doesn't the website offer a way to order them in alternative formats? Why can't 311 take the orders? Why does a caller have to contact another agency?

When will the Department of Emergency Management, the Red Cross, and County leaders recognize that there are people with disabilities in the community, and that we have a right to know about the County's services? When will this change? What will it take?

Next Disability Advocacy Council Meeting Scheduled For Friday, June 17th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than 5 days before the meeting.

Transportation to the Red Cross Shelter Fails People with Disabilities in Miami Dade County

2011-06-03T11:52:00.004-04:00

According to the County's website:

Bus Pickup Points - For those individuals who do not have their own transportation to the HECs, this is provided by Miami-Dade Transit via "emergency evacuation bus pick-up sites" throughout the County's evacuation zones. Any of the following Miami-Dade Transit Agency Bus Pick-Up points will be activated only for hurricane evacuations. Residents should listen to the media or call 3-1-1 to find out when the buses will transport people from the pick-up points to Red Cross Evacuation Centers. Buses that will transport people for hurricane evacuations will have a special notice on the front of the bus where the route information is displayed.

My questions:

How is someone with a vision disability expected to use this? How is someone with medical equipment or adaptive equipment supposed to get to a bus stop? Why not provide door to door service?

Why is the County failing to provide pickups of evacuees with disabilities seeking shelter at a Red Cross general needs shelter, from the evacuee's home? They provide this service to those going to the Special Needs shelter (the Special Needs Evacuation Centers). Why not to the Red Cross shelter? Not everyone with a disability is signed up for STS service. What are those evacuees expected to do to get to the Red Cross shelter if they do not have transportation or a friend or family member to drive them?

According to the Justice Department:

"People with disabilities may need to be transported with oxygen tanks or other medical equipment, service animals, or adaptive equipment that they need to function independently in addition to the clothing and personal items that everyone else needs." http://www.ventusers.org/adv/iss-ada.html

"Some people with disabilities will be able to reach mass evacuation pick-up locations independently, while others may be unable to leave their homes without assistance. Evacuation and emergency transportation plans should address the evacuation-related needs of people with disabilities...".http://www.ada.gov/pcatoolkit/chap7emergencymgmt.htm

"One step that can significantly increase the effectiveness of your planning process is to create a voluntary, confidential registry of persons with disabilities who may need individualized notification or evacuation assistance. Setting up a voluntary registry requires that procedures be implemented to ensure that the registry is voluntary, confidentiality is protected, and information is updated as needed." Id.

Broward has done this. Why won't Miami-Dade consider it?

Marc

Next Disability Advocacy Council Meeting - Friday June 17th, 10 am - 12 noon.

CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later 5 days before the meeting. Agenda: The ADA and Emergency Management.

Marc

Information about DCF Settlement with US Dep't of HHS re Deaf and Hard of Hearing Clients

2011-06-03T11:28:00.001-04:00

HHS Settlement Agreement: http://www.dcf.state.fl.us/admin/servicedelivery/docs/HHS_SettlementAgreement-Signed1262010.pdf

Overview: http://www.dcf.state.fl.us/admin/servicedelivery/index.shtml

Advisory Committee: http://www.dcf.state.fl.us/admin/servicedelivery/docs/Advisory%20Committee%20to%20DCF%20Contact%20List.pdf

Transcripts of Meetings:

http://www.dcf.state.fl.us/admin/servicedelivery/AdvisoryCommittee.shtml
•5/12/10, by CART

•6/24/10, by CART

•7/21/10, by CART

•3/24/11, by CART , JRA Presentation Advisory Committee , CHSC

•3/25/11, by CART

•4/27/11, by CART

•5/18/11, by CART

•7/21/10, DCF Overview

Next Disability Advocacy Council Meeting Scheduled For Friday, June 17th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than 5 days before the meeting. Agenda: The ADA and Emergency Management.

Questions about Miami Dade County's Special Needs Advisory Panel (SNAP).

2011-06-03T01:28:00.000-04:00

From Saturday, December 18, 2010 Unanswered Questions

Questions about Miami Dade County's Special Needs Advisory Panel (SNAP).

For some time now, I have been questioning the degree to which Miami Dade County has listened to the disability community when making policy decisions. I, and many others, have been concerned that many decisions are made by a range of agencies that adversely affect people with disabilities, in the absence of genuine input from the disability community. Again and again, it appears that the disability community is excluded from decisions made that affect the community.

Again and again, concerns are raised that the Transit Department does not genuinely seek to hear from our community, such as when they terminated the contract with ATS last year (until forced by the County Commissioners to reinstate it), when Emergency Management refused to answer questions about services provided to evacuees with disabilities, and refuses to open meetings to the public.

What meetings? Several months ago, the County's Department of Emergency management informed CODI (the Commission on Disability Issues) that it had formed a Special Needs Advisory Panel (SNAP), and had appointed several CODI members to the Panel. we had hoped that this meant that the Department was finally serious about hearing from the disability community about ways to improve services.

For years, the disability community had complained that the County, and the Red Cross, with whom they partnered, had violated the federal civil rights of people with disabilities, by denying evacuees in wheelchairs who sought shelter at Red Cross shelters accessible beds and transfer assistance. Only after the Justice Department began an investigation of Broward County, our neighbor to the North, did the County and the Red cross begin to look into coming into compliance, and then, waited several years to do so, buying the beds only last year.

When the County announced that they had formed a Special Needs Advisory Panel, the disability community had reason to hope that our insights and experiences would finally be listened to. We also had reason to be skeptical. I had served as Chair of a disability advisory committee of the Miami-Dade/Keys Chapter of the Red Cross, and when I pushed for answers to concerns about ADA violations, I was dismissed by the Red Cross from my voluntary position as Chair. The County's Department of Emergency Management was openly hostile to questions. And selections of members of the Special Needs Advisory Panel were made behind closed doors, without public input.

Then, when I pressed for information about the SNAP meetings, and asked to attend them, I was informed that the County would not allow members of the public to attend. To my knowledge, SNAP has rarely, if ever, met, and what they have accomplished, or seek to accomplish, remains a mystery.

When will answers be forthcoming?

I urge CODI to put this on the January agenda, and get some answers.

marc

mdubin@pobox.com

Join us on Facebook at facebook.com/ADAExpertise.

Posted by Marc Dubin, Esq. at Saturday, December 18, 2010 Links to this post Email This

Labels: Red Cross: ADA; Disasters

Next Disability Advocacy Council Meeting Scheduled For Friday, June 17th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than 5 days before the meeting.

Some hurricane scenarios to consider -- How many deaths will result as a result of unlawful policies?

2011-06-03T00:31:00.002-04:00

6/3/11
Imagine the following scenario:A hurricane warning is issued in Miami Dade, Florida.

1. You are blind, and new to the community, You have not yet signed up for Paratransit services. You live alone, and want to go into a Red Cross shelter in order to stay safe. How do you get there?
- You will have to go to a bus stop, and wait for a bus to take you to the shelter. And not just any bus stop - only those bus stops marked as hurricane evacuation bus stops. The County will not pick you up at your home. Apparently, if you cannot find the right bus stop, you are out of luck. How many evacuees with disabilities will be unable to get to a shelter? As a result of this policy, how many will want to evacuate, but will not be able to do so? How many will die?

2. You call the County, and are told that if you want transportation to a shelter, your only option is to go to a Special Needs shelter (a 'Special Needs Evacuation Center"), even though you have no enhanced medical needs, and even though your family plans to go to the general needs shelter operated by the Red Cross. Since you do not have an enhanced medical need, you did not register for the Special Needs shelter. As a matter of policy, absent registration, the County will not even tell where the Special Needs shelter is located. As a result of this policy, how many evacuees with disabilities will want to evacuate, but will not be able to do so? How many will die?

Join us for a discussion of the unlawful policies in effect in Miami Dade County. Learn, and advocate for change.

Next Disability Advocacy Council Meeting Scheduled For Friday, June 17th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than 5 days before the meeting. AGENDA: The ADA and Emergency Management.

As we enter yet another hurricane season with ADA violations by the Red Cross and Emergency Management

2011-06-02T22:06:00.001-04:00

6/2/11: As we enter yet another hurricane season, and as we approach the 21st anniversary of the signing of the ADA into law, we once again face a systemic failure on the part of the Red Cross and the Department of Emergency Management to comply with the mandates of the ADA. While accessible beds and transfer assistance have finally been provided, many other requirements of the ADA continue to be ignored. I am hopeful that there will be changes, but I have to wonder - where is the leadership? Where is the commitment to civil rights? Where is the Office of ADA Coordination? Where is the County Attorney? Why are they allowing this to happen?

Why the constant resistance and hostility? When will this change? What will it take?

Next Disability Advocacy Council Meeting Scheduled For Friday, June 17th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than April 20th.

Caretaker charged with sex abuse of ALF resident

2011-05-28T08:35:00.000-04:00

Posted on Fri, May. 27, 2011

Caretaker charged with sex abuse of ALF resident

BY MICHAEL SALLAH, ROB BARRY AND CAROL MARBIN MILLER

msallah@miamiherald.com

The Miami Herald / Chuck Fadely

The Hillandale assisted living facility in Pasco County. Just weeks after state regulators declared that a troubled Pasco County assisted-living facility had overcome a long history of violence and abuse, a 57-year-old caretaker at the home was arrested for sexual battery against a mentally disabled woman.

Orlando Baez admitted last week to sexually abusing the 26-year-old woman living at Hillandale in Pasco County – the second time an employee has been arrested for sexually molesting vulnerable residents under their care.

Baez was initially suspended and later fired from the facility, which has been sharply criticized by state disability advocates who have long called for the closing of the home.

The arrest was the latest in a series of abuse cases at the facility, where caretakers have been caught forcing residents into locked closets, doping them with powerful tranquilizers and physically restraining them using violent takedowns.

One of the few ALFs in Florida that care for people with disabilities and mental illness, Hillandale was profiled in a Miami Herald series this month showing how state regulators have allowed scores of troubled homes to remain open, despite dangerous and decrepit conditions.

Though the state Agency for Health Care Administration said last month that Hillandale had resolved its problems and was not under any sanctions, a state disabilities agency has refused to send thousands of dollars in housing assistance to the facility since 2005, citing ongoing concerns.

“Providers note serious abuse taking place,” wrote Ken Winn, a psychologist for the Agency for Persons with Disabilities last May.

In addition to caretaker abuse, the facility has also been plagued by violence between residents, including as recently as Thursday night, when an 18-year-old man was arrested at the home for striking a 36-year-old deaf resident diagnosed with Down syndrome.

John Ross, the home’s administrator, did not return phone calls.

Three state agencies have launched investigations into the sexual assault, including the state Department of Children & Families, the Agency for Persons with Disabilities and Department of Elder Affairs ombudsman program.

The victim of the assault told deputies that Baez coaxed her out of view of the facility’s security cameras and sexually abused her, including one incident when he told her to meet him in a bathroom and disrobe.

Even before the misconduct was discovered, Baez was suspended from working at the home for “not establishing proper boundaries” with the victim, but police reports did not elaborate on the reason for the discipline or whether he was allowed to return. He was being held Friday at the Land O’Lakes detention center on a $25,000 bond.

Shahtia Gay-Hairston, an attorney representing Baez, did not return phone calls.

Baez’s assault wasn’t the first by a caretaker at the home: 49-year-old Richard Langford was charged with sexual battery in 2005 after promising a disabled woman magic markers if she would let him take her clothes off. He pleaded guilty to molesting a disabled person and was sentenced to 66 months in prison.

After the assault, regulators cited the home for poor supervision, saying Langford was the only staff member on duty to watch two dozen people with severe disabilities and mental illnesses.

Hillandale, which carries a special license to care for people with mental illness, was among 418 homes cited since 2002 for failing to properly watch over their residents, The Herald found.

In addition, the home was among 1,107 ALFs caught by regulators resorting to illegal restraints to control unruly residents during the same period.

The home was ordered in 2005 to stop forcing residents into an illegal isolation chamber with magnetic locks when they acted out. That same year, the home was found using violent takedowns to control residents 14 times in one month. AHCA imposed a ban on new admissions, but lifted the moratorium months later.

Ross, who said he ran a furniture manufacturing business before joining the group home, defended the facility’s practices in an interview with The Herald last month, saying he knew more than some of the state surveyors who were citing him.

“It bothers me that I know more about it than the person who is complaining about it,” he said.

Last year, state agents were forced to remove a 47-year-old severely disabled man who had repeatedly fallen, suffered black eyes and doped on tranquilizers, causing a near riot after staff members told residents to stall the rescue.

After the incident, APD wrote that AHCA was aware of the problems at the home, “but has not closed them down.”

Diane Carpenter, regional manager for the Department of Elder Affairs ombudsman program in Central Florida, questioned the oversight at the 24-bed home.

“Who is watching who is doing what? It says to me a lack of supervision by whoever is in charge,” she said, adding that her agency plans on meeting with residents more frequently. “If we have to have an ombudsman out there once a week, we’ll do our best to do it.”

--------------------------------------------------------------------------------

© 2011 Miami Herald Media Company. All Rights Reserved.

http://www.miamiherald.com

Read more: http://www.miamiherald.com/2011/05/27/v-print/2239248/caretaker-charged-with-sex-abuse.html#ixzz1NeM6rGvI

Next Disability Advocacy Council Meeting Scheduled For Friday, June 17th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than April 20th.

Mr. Sommerhoff appeared before CODI, and Committed to Working with the Disability Community. Thank you.

2011-05-27T08:28:00.011-04:00

Friday, May 27, 2011

I am very pleased to report that the Chair of CODI (Ernie Martinez) accomplished a breakthrough in efforts to address the concerns I have been raising about the violations of the ADA committed by the County's Department of Emergency Management, and that Mr. Sommerhoff and other County officials took time out of their busy schedules to appear before CODI and forthrightly answer questions.

Chairman Martinez put emergency management on the CODI agenda earlier this week, and offered county officials and me an opportunity to raise questions and offer answers. Many questions remain unanswered, but there was progress made. CODI members asked insightful questions, and committed to following up on this.

Jackson David's Access Committee and Outreach and Education Committee appear to be perfectly positioned to work on this, and the CIL's Disability Advocacy Council will work closely with CODI to provide whatever assistance is sought. We all want answers, and CODI can be of great assistance is helping to get them and in disseminating the information to the disability community.

To their credit, Mr.Sommerhoff brought everyone who needed to be there to the meeting, and Sam Tidwell, the CEO of the Miami Dade/Keys Chapter of the American Red Cross attended as well.

I want to publicly thank Mr. Sommerhoff and Mr. Tidwell, and believe that this is a new opportunity to address the concerns. Mr. Sommerhoff and Mr. Tidwell have agreed to meet with me and with Kelly Greene, the Executive Director of the CIL.

I also want to set the record straight about something - When I met with Mr. Sommerhoff's predecessor, Dough Bass, on July 26th, 2007, I told him of my concerns, and he ignored them. He continued to offer evacuees in wheelchairs inflatable mattresses instead of accessible beds. I criticized him for doing so - most notably, for the County's failure to get accessible beds and failing to offer transfer assistance until 2009.

I have also criticized Mr. Sommerhoff for these failures. I want to correct the record, and publicly apologize to Mr. Sommerhoff. He told CODI that he started as Director of Emergency Management in 2009, and that within months of starting, had gotten the beds and instituted the policy of having EMTs provide transfer assistance (as I had recommended). I was mistaken as to when he took over as Director, and thought he had been the Director in 2008. According to http://www.miamidade.gov/OEM/releases/09-09-14-mayor_appoints_deputy_director_and_dem_director.asp, he was appointed in 2009, serving as Interim Director in February of 2009, and being appointed in May of 2009. The responsibility for the violations properly lies with former Director Bass, former Mayor Alvarez, and former County Manager Burgess. I apologize for my criticism of Mr. Sommerhoff for these failures. The bad legal advice, of course, is the responsibility of others as well.

Mr. Sommerhoff and I still have a lot of disagreements about other ADA violations, and we will work to resolve them. If we cannot, the Department of Justice and others will have to decide what to do about it.

I will continue to post information about the concerns, but in an effort to keep the negotiations and dialogue going, I have decided that if they want to have "off the record' discussions, I will honor the requests to do so.

I will continue to analyze and criticize public information, and share the results of whatever testing I do, but I will keep confidential information I learn in the private discussions. I want to give them a chance to fix this.

I am hopeful that this will generate greater flexibility in the discussions, that the ADA violations will be resolved, and that there will be more outreach and education to the disability community. There is nothing I can do about the quality of the legal advice they get from others -- I can only continue to share my advice, and share the technical assistance offered by the Justice Department. I hope they eventually take the advice. Broward ignored my advice, and the Justice Department investigated them, and we are waiting to see if DOJ sues them. The issues and violations are essentially the same here. I am hopeful that the County changes its position and comes into compliance, and ignores the advice they are getting from others. With a new Mayor and new members of the County Commission comes renewed hope.

CODI is a welcome partner in this effort, and I am hopeful the Jackson David's Access Committee and his Outreach and Education Committee can ask questions and get answers, and work with the CIL's Disability Advocacy Council to enhance services.

The CIL's Disability Advocacy Council will be addressing Emergency Management issues at every meeting for the next few months, as hurricane season arrives. Please join us, even if only by phone. The information is set forth below.

Once again, I want to thank Ernie Martinez and the other members of CODI for exercising leadership on such an important matter, and want to thank Mr. Sommerhoff and Mr. Tidwell, and their respective staffs, for agreeing to engage me in these discussions. I look forward to helping to end the discriminatory practices and enhancing the safety of people with disabilities who rely on public officials to comply with the law, especially federal civil rights laws.

Marc

See http://www.miamidade.gov/OEM/releases/09-09-14-mayor_appoints_deputy_director_and_dem_director.asp

For Immediate Release:

May 19, 2009 Media Contact:

Jaime Hernandez

hjaime@miamidade.govhjaime@miamidade.gov

305-468-5451

Mayor Carlos Alvarez appoints Curtis Sommerhoff DEM&HS Director, Jonathan Lord Deputy Director

(Miami-Dade County, FL) -- Miami-Dade Mayor Carlos Alvarez on Tuesday introduced Curtis Sommerhoff as the director of the Department of Emergency Management & Homeland Security (DEM&HS) and Jonathan Lord as the agency's deputy director.

"I would like to thank Mayor Alvarez, County Manager George Burgess, the Board of County Commissioners and Assistant County Manager Alina Hudak for this opportunity," Sommerhoff said. "We have the finest emergency management team in the State of Florida, if not the nation. I look forward to continuing to work with all our partners who have made Miami-Dade a leader in emergency preparedness and disaster response."

Sommerhoff had been serving as DEM&HS' interim director since mid-February. He rejoined DEM&HS in June 2008 after originally working as the planning and preparedness bureau manager at the department from April 2001 through May 2006. Sommerhoff served Miami-Dade during emergencies such as hurricanes Katrina and Wilma in 2005, the Sept. 11, 2001 terrorist attacks, and the Free Trade Area of the Americas conference in November 2003.

Prior to rejoining DEM&HS last year, Sommerhoff worked at the Miami-Dade County Government Information Center as the 311 Answer Center Manager. Sommerhoff first joined Miami-Dade County government in 1989 with the Water and Sewer Department. He has also served as the emergency manager for the Seminole Tribe of Florida. Sommerhoff served in the United States Marine Corps during Operation Desert Shield and Operation Desert Storm in 1990-1991.

A native South Floridian, Sommerhoff is a Florida Professional Emergency Manager. He graduated from Barry University in September 2000 with a Bachelor's degree in Public Administration.

Lord is a certified Florida Professional Emergency Manager and has worked in the public safety field for more than 15 years, including five in emergency management. He rejoined DEM&HS in March 2008 as assistant director after working at the Palm Beach County Department of Emergency Management. Prior to that, he worked at DEM&HS for three years as a public safety branch manager and an emergency management coordinator. Lord also worked as an emergency medical services (EMS) chief in Burlington, N.J., and a public health representative for the State of New Jersey Department of Health and Senior Services. Lord graduated from Drexel University with a Bachelor's degree in EMS.

The Miami-Dade County Department of Emergency Management & Homeland Security is committed to working with its partners and the community to lessen the impact of disasters and potential catastrophic incidents. DEM&HS accomplishes its mission through planning, response and coordination of information and resources. Residents may access emergency information at www.miamidade.gov/oem

Disability Advocacy Council Meetings at the CIL:

Upcoming Meetings --- Friday, June 17th 10 am-12 noon and Friday 6/17

Next Disability Advocacy Council Meeting Scheduled For Friday, June 17th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than five days before the meeting.

Agenda:

The ADA and Emergency Management - What services are required in Red Cross shelters and Special Needs shelters, and what services are provided?

What information is available?

What can be done?

We want to hear from you. Please send your comments and questions in advance of the meeting, to Marc Dubin, Esq., at mdubin@pobox.com or by calling 305-896-3000 begin_of_the_skype_highlighting 305-896-3000

Why are people with disabilities who need assistance with Activities of Daily Living Excluded from Red Cross Shelters?

2011-05-27T07:08:00.000-04:00

According to the County's Comprehensive Emergency Management Plan:

Emergency Evacuation Assistance Program (EEAP)

"... Those whose needs cannot be met in a general population evacuation center include people requiring basic nursing care, assistance with activities of daily living, or are electrically/oxygen dependent...."

My comments:
1. Why are people with disabilities who "need assistance with activities of daily living" identified as "those whose needs cannot be met in a general population evacuation center"? If the assistance were provided, the needs would be met. They need to provide the assistance, and admit people who need the assistance into the general needs shelters run by the Red Cross, not divert them to the Special Needs Evacuation Centers.

If I have a disability and need assistance with cutting my food, why can I not shelter at the Red Cross shelter, with my family? According to this policy, because I need assistance with activities of daily living, I am an evacuee whose needs cannot be met in a general population evacuation center.

If I need assistance with dressing myself, why am I excluded from the Red Cross shelter? If I need assistance with trnasferring to a bed, or to a toilet, am I excluded from a Red Cross shelter? If I need assistance with toileting, am I excluded from a Red Cross shelter? Based on this policy, published in the County's Comprehensive Emergency Management Plan, looks like I am.

Is this lawful?

Apparently, according to the County's Office of ADA Coordination and the County Attorney's Office, it is. They certainly have not spoken out against it, or responded to the concerns I have raised.
Apparently, according to some officials in the County, this is an opportunity to "challenge the law" - maybe even a chance to get sued by the Justice Department, and give the County Attorney's staff to get some trial experience. See http://cilsfla.blogspot.com/2011/05/ongoing-concerns-some-thoughts-about.html:

"The right to challenge the law is “one of the great things about this country – You don’t have to just lay down and take it – you can challenge the law – You can run a red light – You can take it to court…. But they have to prove it.” A frightening perspective for a government official responsible for the safety of the community. You also said that if “the Justice Department wants to sue us, let them.”

According to me, this policy is unlawful, as it violates title II of the ADA, by failing to make a reasonable modification of policy and imposing unlawful eligibilty criteria.

According to the Justice Department:

"Emergency managers and shelter operators sometimes wrongly assume that people need to be housed in special needs or medical shelters simply because they have a disability. But most people with disabilities are not medically fragile and do not require the type or level of medical care that special care and medical shelters are intended to provide. The ADA requires people with disabilities to be accommodated in the most integrated setting appropriate to their needs, and the disability-related needs of people who are not medically fragile can typically be met in a mass care shelter. For this reason, people with disabilities should generally be housed with their families, friends, and neighbors in mass care shelters and not be diverted to special needs or medical shelters." http://www.ada.gov/pcatoolkit/chap7shelterprog.htm (Footnotes omitted).

The Justice Department also says:

Some people with disabilities use personal care assistance for activities of daily living, such as eating, dressing, routine health care, and personal hygiene needs. One question that frequently arises is whether people with disabilities who use attendant care can be appropriately housed in mass care shelters. In most instances, they can. Most people with disabilities who use attendant care are not medically fragile and do not require the heightened level of medical care provided in a special needs or medical shelter.

In the past, some shelter operators maintained policies that prevented people with disabilities who regularly use attendant care from entering mass care shelters unless they were accompanied by their own personal care attendants. These policies denied access to many people with disabilities.

During emergencies, many personal care attendants – like other people – evacuate or shelter with their own families instead of staying with their clients. Shelter operators should provide support services in mass care shelters to accommodate people with disabilities who are not medically fragile but need some assistance with daily living activities unless doing so would impose an undue financial and administrative burden. Such assistance can be provided by medical personnel or trained volunteers. http://www.ada.gov/pcatoolkit/chap7shelterprog.htm

Dov Luzker, Special Counsel at the Disability Rights Section of the Civil Rights Division, (and a former colleague), clarified the Justice Department’s position on the obligation of the Red Cross and Counties to provide assistance to people with disabilities, in a speech on the subject of sheltering:

Emergency programs, services, and activities typically must be provided in an integrated setting. To provide emergency shelter in an integrated setting, basic support services must be available, such as assistance in wayfinding, eating, dressing, transferring to or from a wheelchair, toileting, and reminders to take medication. Assistance and social/human services must be provided to all individuals through the same application and review process - not separately or after the fact.

Example – General Population Shelters: People who use wheelchairs may not be required to go to a separate shelter from the general population and may not be sent to a different shelter from family members or other people who provide them with support. Shelters need to house people with varied disabilities and provide the supportive services they need to function in that setting. If a person with a disability has a medical condition requiring hospitalization, family members and others who provide support may not be involuntarily separated. http://www.ventusers.org/adv/iss-ada.html (Emphasis added).

I urge the County to amend its Comprehensive Emergency Management Plan, and change its policy, before Mr. Loubert Alexis of the Department's Department of Emergency Management gets his wish - that his Department's violations of the law gets the County investigated, and possibly sued, and he and the County Attorney get the trial experience they apparently so desperately desire. They can they join their neighbors in Broward, wondering what happened. See http://cilsfla.blogspot.com/2011/04/will-justice-department-sue-broward.html

Marc

Next Disability Advocacy Council Meeting Scheduled For Friday, June 17th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than June 12th.
.Agenda:

The ADA and Emergency Management - What services are required in Red Cross shelters and Special Needs shelters, and what services are provided?

What information is available?

What can be done?

We want to hear from you. Please send your comments and questions in advance of the meeting, to Marc Dubin, Esq., at mdubin@pobox.com or by calling 305-896-3000 begin_of_the_skype_highlighting 305-896-3000

Miami Dade Comprehensive Emergency Management Plan

2011-05-27T06:19:00.000-04:00

Comprehensive Emergency Management Plan

Miami-Dade County is vulnerable to a variety of hazards that threaten its communities, businesses and the environment. The Comprehensive Emergency Management Plan (CEMP) establishes the framework to ensure that Miami-Dade County and its municipalities are prepared to deal with these hazards.

View the CEMP
http://www.miamidade.gov/OEM/library/CEMP.pdf

Sheltering – General Population

Shelters can be selected for a variety of evacuation circumstances. For hurricanes, facilities must meet

structural criteria to withstand the high winds. Facilities must also be located outside of areas where storm

surge and flooding may occur.

The basic criterion for hurricane shelter selection is outlined in the American Red Cross (ARC) publication,

“Guidelines for Hurricane Evacuation Shelter Selection”. The Florida Division of Emergency Management

(DEM) has developed an in-depth manual based on these criteria. This document is the primary method

used in the evaluation of buildings for use as HECs.

In addition to the structural survey, the local ARC chapter conducts a mass care survey. The Red Cross

determines the shelter capacity based on the recommended useable space outlined in the structural survey.

The total capacity is then calculated by dividing the total square footage of useable space by 20

square feet per person.

Comprehensive Emergency Management Plan

Revised: June 2008 Page 44 of 218

Hurricane evacuation centers are divided into two categories: primary and secondary. Primary HECs are

those facilities that have the highest capacities, kitchen facilities, and are centrally located. Miami-Dade

County Public Schools (MDCPS) stocks the primary HECs with a two-day supply of food and water at the

beginning of each hurricane season. The remaining schools are considered secondary sites. Each year

prior to hurricane season, the ARC, DEM & HS and MDCPS collectively identify and list appropriate HECs

for the year. This list is distributed to the public through print media and brochures. HECs that are compliant

with the accessibility criteria outlined in the Americans with Disabilities Act (ADA) are identified on the main

list. Figure 22 provides the names and locations of the HECs currently available in Miami-Dade County.

Sheltering – Emergency Workers’ Families

Both structures are constructed of poured concrete and concrete block and are ADA compliant. Each

agency within Miami-Dade County is individually responsible for the identification, inspection, and provision

of shelter space for its employees. However, the registration process remains the same. Those wishing to

use a county employee facility will be required to register and sign a basic hold harmless agreement. Each

shelter is available 8 hours prior to the advent of tropical storm force winds and remains open 48 hours after

the cessation of tropical storm force winds.

Emergency Evacuation Assistance Program (EEAP)

The Miami-Dade County DEM & HS maintains a registry for people who may need special assistance in

case of an emergency evacuation. Those whose needs cannot be met in a general population evacuation

center include people requiring basic nursing care, assistance with activities of daily living, or are electrically/

oxygen dependent. To apply for assistance, an individual must complete an application form that includes

a medical diagnosis and include a doctor’s signature.

The services available to EEAP clients are generally all hazards oriented. Special arrangements are made

to address countywide emergencies such as evacuations for hurricanes and nuclear power plant emergencies.

The sheltering program consists of Special Needs Evacuation Centers (SNECs) and Medical Management

Facilities (MMFs). Only those people that use life sustaining medical equipment or are in critical

condition are assigned to an MMF. All others are assigned to a SNEC.

Staffing for SNECs is obtained from Miami-Dade County Health Department (MDCHD), Jackson Memorial

Hospital (JMH) and county employees from the Disaster Assistance Employee (DAE) program. The DAE

Program utilizes county employees who have been identified as non-essential for their departments day to

day operations immediately following the disaster. DAEs are reassigned throughout the County to assist in

a variety of activities during the response and recovery phases of the disaster.

Transportation services are provided to people who indicate a need on their application. A door-to-door

service picks clients up at their home and brings them back to their home once the emergency is over.

Specialized transportation for wheelchairs is also available. People requiring ambulance transportation are

carefully screened. Private contracted ambulances provide the transportation services with support from

local and municipal fire departments as necessary.

Comprehensive Emergency Management Plan

Revised: June 2008 Page 45 of 218

The evacuation and assistance of individuals on the registry is conducted based upon the impending or

actual event. The procedures for the registry, evacuation, transportation and sheltering programs are detailed

in the Miami-Dade EEAP SOP located in Volume II of the CEMP.

Pet Friendly Evacuation Centers

Sunshine Pavilion at the Miami-Dade County Fairgrounds and Dr Michael Krop Senior High are designated

as pet-friendly hurricane evacuation centers. Pet owners must pre-register in order to use the facility. Miami-

Dade County with its Disaster Assistance Employees (DAE) oversees the human population at the

evacuation center while Miami-Dade’s Animal Services Department manages the pet designated area.

Refer to the Pet-Friendly Hurricane Evacuation Center Plan in the ESF 17 (Animal Protection & Agriculture)

SOP for more information.

Transportation

Miami-Dade Transit Agency operates public transportation buses to pre-designated evacuation pick up

points for hurricanes and Turkey Point evacuations. Depending on a variety of factors such as size of

event, number of people to be evacuated, time frame, and time of day, MDT gathers its resources and respond

accordingly.

Next Disability Advocacy Council Meeting Scheduled For Friday, June 17th, from 10 am to 12 noon.. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than June 12th.

Agenda:

The ADA and Emergency Management - What services are required in Red Cross shelters and Special Needs shelters, and what services are provided?

What information is available?

What can be done?

We want to hear from you. Please send your comments and questions in advance of the meeting, to Marc Dubin, Esq., at mdubin@pobox.com or by calling 305-896-3000.

Rick Scott vetoes record $615m from budget - Breaking News - MiamiHerald.com

2011-05-27T05:11:00.000-04:00

Rick Scott vetoes record $615m from budget - Breaking News - MiamiHerald.com

Our Next Advocacy Council Meeting

2011-05-27T05:07:00.000-04:00

Upcoming Meetings --- Friday, June 17th 10 am-12 noon and Friday 6/17

Next Disability Advocacy Council Meeting Scheduled For Friday, June 17th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than five days before the meeting.

Agenda:

The ADA and Emergency Management - What services are required in Red Cross shelters and Special Needs shelters, and what services are provided?

What information is available?

What can be done?

We want to hear from you. Please send your comments and questions in advance of the meeting, to Marc Dubin, Esq., at mdubin@pobox.com or by calling 305-896-3000.

marc

Ongoing concerns -- Some thoughts about our conversation today regarding emergency management and services to people with disabilities.

2011-05-24T19:38:00.000-04:00

Tuesday, May 24, 2011

Loubert Alexis

Department of Emergency Management

Miami Dade County

Dear Lou:

Thank you for taking my call today to discuss some of the concerns I have with the services provided by the County’s Department of Emergency Management. I appreciate the opportunity to engage in a dialogue about these concerns -- the opportunity has been long overdue. I hope you are open to further discussions, and I hope Mr. Sommerhoff is willing to engage in these discussions as well.

As we discussed, I have been calling the County’s 311 system with a series of questions about services to people with disabilities. I have been working with Judy Zito and Becky Joe Glover to address the problems I have been experiencing with the 311 calls, and I want to have more conversations with you and other members of your office, including Curt Sommerhoff, in an effort to bring your agency into compliance with the mandates of the ADA.

As we discussed, here are some of my concerns, your responses, and my response to your positions:

1. Provision of dog food to service dogs accompanying evacuees into general needs and special needs shelters:

• On several calls to 311, I asked whether food would be provided to a service dog, in the event its owner evacuated to the shelter without having time to bring along dog food. I was repeatedly told that dog food would not be provided. While I acknowledge that the evacuee needs to try to bring dog food with them, there are times that an evacuee will not be able to access dog food before fleeing to a Red Cross shelter. On those occasions, the County must provide the food. The 311 operators gave inconsistent answers to this question, and ultimately, asked me to call your office for the answer. The ADA mandates that the service dog be provided with food, and the County should make this policy clear, without requiring the caller to try to reach someone at the Department of Emergency Management to debate the matter.

According to the Justice Department:

“Provide emergency supplies that enable people with disabilities to care for their service animals. Many people with disabilities rely on service animals to do things they cannot do themselves. But when evacuating during an emergency, some individuals will be unable to transport enough food and water for their service animals. Shelter operators need to make food and water available so individuals can feed and care for their service animals. …”

http://www.ada.gov/pcatoolkit/chap7shelterprog.htm (Emphasis added).

You told me that you “would look into it”. I would appreciate having the policy fixed and clarified, and having the correct information disseminated. The correct answer to the question of whether service dogs in shelters will be provided dog food is “yes, we will provide dog food”, not “We are looking into it.” Please let me know when that occurs.

2. We discussed my concern that the shelters need to be able to provide evacuees with disabilities medications, in the event the person with a disability does not bring their medication with them. You indicated that the County would not do so. I indicated that the refusal to do so is a violation of title II of the ADA. In our discussion, you repeatedly asserted that the County could not offer this service, and that people with disabilities needed to be sure to bring their medications with them. While I agree that people should be strongly encouraged to bring all of their medications with them, sometimes, in a disaster, this is simply not possible. You stated that a state law requires all pharmacies to offer additional medications in a disaster. As I indicated, the County needs to get the word out about this, and has not done so. In addition, despite the best intentions of evacuees with disabilities to bring their medications with them to the shelter, sometimes, they simply cannot do so. Sometimes, the medication is at home, and the individual is forced to evacuate without being able to return home first. Other times, people simply run out of medication, and cannot get to the pharmacy to refill the prescription before evacuating. What do you propose these people do if the County will not provide them with the medications they need in the shelter?

According to the Justice Department, your agency (and the Red Cross) must:

Provide an effective way for people to request and receive durable medical equipment and medication. Despite advance planning, some people with disabilities will find themselves in shelters without a supply of the medications or medical equipment they need. For example, some medical insurance plans prohibit people from purchasing medication until their existing supply is almost gone. Other people may be required to evacuate without medication or medical equipment or be inadvertently separated from medication or medical equipment during evacuation. Emergency managers and shelter operators need to plan and make arrangements in advance so persons with disabilities can obtain emergency supplies of medications and equipment. http://www.ada.gov/pcatoolkit/chap7shelterprog.htm

You told me that you agree that the Justice Department says you have to do it, but that you won’t. You also told me that the right to challenge the law is “one of the great things about this country – You don’t have to just lay down and take it – you can challenge the law – You can run a red light – You can take it to court…. But they have to prove it.” A frightening perspective for a government official responsible for the safety of the community. You also said that if “the Justice Department wants to sue us, let them.” Another frightening perspective on civil rights. Why are you refusing to comply with the legal mandate to provide evacuees with disabilities with medications in shelter? When will you come into compliance?

3. You indicated that your priority was “safety, not comfort”. People with disabilities are seeking equal access to the safety offered by shelters. This is not about comfort. To provide them with equal access , the County and the Red Cross must make reasonable modifications of policy so as to not discriminate on the basis of disability. Failure to do so is discrimination on the basis of disability. These modifications of policy include the provision of medications, accessible beds, transfer assistance, help with dressing and undressing, and assistance with toileting, among others. Your agency continues to refuse to offer essential services that are necessary in order to allow people with disabilities equal access.

4. You also said that your job is to preach individual responsibility. People with disabilities seeking equal access to sheltering services are not being irresponsible. They are seeking merely to be provided with the modifications they are entitled to by the ADA. What about governmental responsibility to comply with federal law?

5. You belittled the Justice Department’s position that people with disabilities are entitled to have drivers assist them by entering their homes to assist them. How do you propose people with disabilities avail themselves of transportation services if they are not offered assistance in getting the belongings they need out of their homes?

6. You indicated that the County now offers accessible beds and transfer assistance. Good. I merely point out how long it took for this to occur. These services were not available in Miami-Dade County until 2009, two years after the Justice Department issued its guidance and two years after I met with the Director of Emergency Management and brought the DOJ guidance to his attention. Mr. Sommerhoff waited an entire year to get the beds - what took so long, and why wasn’t it a priority? Why is compliance with other mandates of the ADA not a priority?

7. We discussed transportation concerns. I asked about transportation of individuals in wheelchairs and individuals who are blind to Red Cross shelters. I asked if the County would pick them up at their home, and transport them to the shelter. You said no. You indicated that door to door service would not be available. You complained that it would be too difficult, and too expensive. What are these individuals to do, if they have to rely on the County for transportation to the Red Cross shelter? You said they needed to exercise “personal responsibility”, and make whatever arrangements they could with friends and family. “Personal preparedness”, you kept saying. If one does not have a friend or family member to transport them, what are they to do? “Personal Preparedness”, you kept saying. “Government can’t do everything”, you said. “We will not provide door to door service.” You said “We are going to keep pushing for personal preparedness”. I said “And I will keep pushing for ADA compliance.” They are not mutually exclusive. This failure to provide transportation is a violation of the ADA, and when I told you that, you said “no problem.” In my view, big problem.

Finally, allow me to point out that you described our conversation as my having “an audience” with you. That attitude, and that perception of your agency’s interaction with the public, speaks volumes about the problems here. When will your agency entertain the possibility that the public matters, and has something of value to share? We do not seek “an audience”. We seek collaboration, and compliance.

Marc

WaveRunner thief was deaf - Miami-Dade - MiamiHerald.com

2011-05-24T19:21:00.000-04:00

WaveRunner thief was deaf - Miami-Dade - MiamiHerald.com

Service dogs in shelter - Why no food?

2011-05-23T08:15:00.001-04:00

Monday, May 23, 2011

Curt Sommerhoff

Director, Miami Dade Department of Emergency Management

Dear Mr. Sommerhoff:

I called 311 to get information about services to people with disabilities in disasters. I asked about bringing a service dog to shelter, and operators insisted on giving me information about sheltering with pets. It is important to train staff about this, so that they know that service dogs are not pets, and so that they do not give out the wrong information. Telling people who ask about service dogs about the rules applying to pets is confusing and misleading, and may result in people with disabilities declining to go into shelter out of a fear that they will not be able to bring their service dog with them.

Also, I asked about whether dog food would be provided at the shelters. I was repeatedly told that it would not. This too may result in people with disabilities declining to go into shelter out of a fear that they will not be able to bring their service dog with them or that if they do, there will not be food available for the dog.

According to the Justice Department:

• Provide emergency supplies that enable people with disabilities to care for their service animals. Many people with disabilities rely on service animals to do things they cannot do themselves. But when evacuating during an emergency, some individuals will be unable to transport enough food and water for their service animals. Shelter operators need to make food and water available so individuals can feed and care for their service animals. Shelter operators should also make reasonable modifications to security screening procedures so that people with disabilities are not repeatedly subjected to long waits at security checkpoints simply because they have taken their security animals outside for relief. http://www.ada.gov/pcatoolkit/chap7shelterprog.htm (Emphasis added).

Please let me know when this policy is clarified, and when the 311 operators are properly trained.

Is this policy published anywhere? May I get a copy?

Perhaps we could meet to discuss my concerns? I would be glad to assist with training on the ADA. I look forward to your response.

Thank you.

Marc

Sheltering - I was told by 311 that I would not be allowed to bring my children to the Special Needs Evacuation Center.

2011-05-23T07:45:00.000-04:00

Monday, May 23, 2011

Curt Sommerhoff

Director

Miami Dade Department of Emergency Management

Dear Director Sommerhoff:

I made some calls to the 311 Center over the weekend. The responses were pretty bad, including one in which I was told I could bring only one person with me to the Special Needs Evacuation Center, "to help me." I was told that I would not be allowed to bring my children to the Special Needs Evacuation Center, in violation of the ADA. Wow. Is this really the County’s policy? What are people with disabilities seeking shelter at the Special Needs Evacuation Centers supposed to do with their children?

What is your policy? Is it published anywhere? When will this policy be clarified for the public?

According to the Justice Department:

• Keep families together whenever possible, even in special needs and medical shelters. Family members provide each other the support and assistance necessary to cope with emergencies and disasters. During these difficult times, separation from family members increases loneliness, worry, and additional stress. But while most families have been able to stay together during emergencies, individuals with disabilities have often been unnecessarily separated from their families because many special needs and medical shelters do not allow them to be accompanied by more than one person. (Emphasis added).

In disasters and emergencies, people are ordinarily allowed to shelter with their families. This benefit needs to be available to persons with disabilities as it is for everyone else. Of course, some people in special needs and medical shelters may need to be housed in medical wards apart from their families because of critical medical needs, but their families should still be housed nearby. http://www.ada.gov/pcatoolkit/chap7shelterprog.htm

As you may recall, I first brought the Justice Department’s Guidance about this to the attention of your office and other county officials on July 26th, 2007, when it was first published. When will the County come into compliance with the mandates of the ADA and when will it properly train its staff? When will the public receive the correct information?

Only one more week until the start of hurricane season. People need to know the rules in order to make informed decisions. I look forward to hearing from you.

Thank you.

Marc

LA Times Article on Parking Placards for People with Disabilities

2011-05-23T07:07:00.000-04:00

http://www.latimes.com/news/local/la-me-disabled-parking-20110522,0,7204414.story

Fraudulent use of disabled parking placards — those blue or red badges that allow motorists to park for free or in specially reserved spaces — has exploded in the last decade, according to state motor vehicle officials. With 1 in 10 California drivers now legally registered to carry the passes, transportation experts say abuse has become commonplace. At any given moment, on any given street, more than a third of the vehicles displaying the tags — and parking without paying — are doing so illegally, say officials with the California Department of Motor Vehicles.

Now, with the state and municipalities in financial crisis, the DMV is cracking down on placard fraud. In a series of sting operations, DMV investigators have targeted malingering motorists in such high-volume parking districts as Beverly Hills' Golden Triangle, downtown's Fashion District and Westwood. With more stings planned, they could be coming soon to a street near you.

Under California law, as in most states, cars displaying a disabled placard may park for free for an unlimited time at metered spaces. The placard holder does not have to own or drive the vehicle, but if a relative or friend is using the placard to secure free, unlimited parking, then the placard holder must accompany that person or be within "reasonable proximity."

The law was intended to make it more convenient for individuals with missing or paralyzed extremities, impaired vision or heart, circulatory or lung disease to park conveniently and for as long as necessary to visit doctors or run errands. A disabled placard may be prescribed by, among others, a medical doctor, a nurse practitioner, a certified nurse midwife, a physician's assistant, a chiropractor or an optometrist.

But with metered spaces now costing as much as $4 an hour, the temptation to misuse a friend's or relative's placard — even a dead one's — can be great.

"It does sort of invite this corruption and is a disservice to other motorists," said Michael Manville, a UCLA researcher who has studied the problem.

Although some abusers might be ignorant of the law governing placard use, many seem all too aware and willing to flout it.

The reactions of drivers can be telling, investigators say. Magdalene Osherenko, a driver cited during the recent sting in Beverly Hills, became agitated and tried to grab a placard registered to her mother from the DMV investigator who had confiscated it. "I think it's not fair what you're doing," she told investigators. "You're in Beverly Hills. I'm going to take this up with the Beverly Hills Police Department."

"We're state of California," Officer David Wisansky told her.

Another driver cited by DMV investigators in Beverly Hills had just emerged from a Camden Drive fitness center to her expired meter. She told officers that she had earlier dropped her mother at a doctor's office, and her mother confirmed that via cellphone. Nonetheless, an investigator confiscated the placard, saying the woman had "personally garnered a benefit" by using it to park for free while she exercised.

Abuse of disabled placards is not a new phenomenon. Perhaps the most infamous local case dates to 1999, when several members of the UCLA football team pleaded guilty to obtaining disabled parking passes by fabricating the names of physicians. The incident even prompted the university to establish an abuse hotline.

What is new, however, is the proliferation of disabled placards.

California, which has 24 million licensed drivers, will issue 2.1 million permanent placards this year, up from 1.2 million a decade ago. In Los Angeles County, about 621,000 of nearly 6 million licensed drivers have placards.

"The city of Los Angeles has six legal placards for every single city meter," said Jonathan Williams, a transportation planner in Seattle who as a graduate student at UCLA researched the effect of legal disabled placards on city parking programs.

Williams said questionable medical practices undoubtedly contribute to the problem. Under privacy laws, the DMV may not ask a motorist why he or she has a placard. When enforcement officials in Maryland attempted to investigate doctors' prescriptions for placards, Williams said, they "were met with a fierce response from the medical community."...

See the full article at http://www.latimes.com/news/local/la-me-disabled-parking-20110522,0,7204414.story

...

Report On Katrina Survivors With Disabilities

2011-05-22T22:44:00.000-04:00

Report On Katrina Survivors With Disabilities

“…(S)ome Katrina survivors with psychiatric disabilities reported that the Federal Emergency Management Agency excluded them from its trailers because of concerns that their psychiatric disabilities made them dangerous—despite assurances from mental health professionals that they were not. FEMA gave rental assistance to individual families but rejected requests to reimburse church groups that provided housing
to former residents of group homes for people with psychiatric disabilities. In addition, some American Red
Cross shelters excluded the psychiatrically disabled.”.
From http://southernstudies.org/gulfwatch/reports/One_Year_After.pdf

When Will the County & the Red Cross Comply with the ADA in Sheltering Services?

2011-05-21T22:08:00.001-04:00

Hurricane season begins on June 1st. In Miami-Dade County, the Red Cross operates the mass care shelters. If you are a person with a disability in Miami Dade County – good luck. If you need help at a shelter with dressing or undressing, or toileting assistance, where do you go for sheltering services? The Justice Department says you should be able to get these services at general needs shelters – the Miami Dade/Keys Red Cross and the County say no. Imagine, you go to a Red Cross shelter, and are told that if you are in a wheelchair, you can get assistance being pushed to the door of the bathroom, but then, you are on your own. No help. Wow.
According to the Justice Department:

“…People with disabilities should generally be housed with their families, friends, and neighbors in mass care shelters and not be diverted to special needs or medical shelters….”
“…Most people with disabilities are not medically fragile and do not require the type or level of medical care that special care and medical shelters are intended to provide. The ADA requires people with disabilities to be accommodated in the most integrated setting appropriate to their needs (footnote omitted) and the disability-related needs of people who are not medically fragile can typically be met in a mass care shelter….”
“…To comply with the ADA’s integration requirement, emergency managers and shelter operators need to plan to house people with a variety of disabilities in mainstream mass care shelters, including those with disability related needs for some medical care, medication, equipment, and supportive services…. “
“…Emergency managers and shelter operators must also ensure that eligibility criteria for mass care shelters do not unnecessarily screen out people with disabilities who are not medically fragile based on erroneous assumptions about the care and accommodations they require….”

What does Mr. Sommerhoff, in charge of the County’s Department of Emergency Management, say about serving people with disabilities in mass care shelters run on behalf of the County by the American Red Cross? (They call them Hurricane Evacuation Centers (HACs)). Essentially, he says go away, if you need assistance. We won’t be able to help you. Services are very limited - for evacuees in wheelchairs, providing an accessible bed and transfer assistance, and rolling you to the bathroom.

Until 2009, all the Department of Emergency Management and the Red Cross offered evacuees in wheelchairs were inflatable mattresses. Really. Even in the Special Needs shelters.

Yes, really. Today, if you need assistance with daily living, apparently you have to register for the County's Special Needs Evacuation Centers, and are not welcome at the Hurricane Evacuation Centers run by the Red Cross. If you were, they would help you. They won't.

Here’s what is posted on the County’s website:

“Miami-Dade residents who on a daily basis require skilled nursing care, assistance with daily living, or have life-saving medical equipment dependent on electricity should register with the EEAP. Residents not requiring such assistance can be accommodated at a HEC.” http://www.miamidade.gov/oem/faq-evacuation.asp (Emphasis added).
I read that to mean that residents requiring such assistance cannot be accommodated at a HEC (Red Cross shelter). What else could it mean?

When will this change? When will the County and the American Red Cross stop discriminating against people with disabilities?

Do you want to learn more? Join the CIL of South Florida in ongoing discussions and trainings. For more information, contact Marc Dubin, Esq., at mdubin@pobox.com or at 305-896-3000.

More on the use of volunteer sign language interpreters in Red Cross shelters - - an email exchange with the Red Cross, from September 2009. after I recommended they consider VRI

2011-05-19T22:17:00.000-04:00

This is an email exchange with the Red Cross, from September of 2009. The Red Cross shelters still use volunteer interpreters, and have declined to use Video Remote Interpreting or hire qualified sign language interpreters. Mr. Sommerhoff still insists that is all he will require them to provide. The Red Cross no longer responds to my emails.

Marc

========

And we are looking at the Tandberg product. It is in Dan’s court right now as he is getting prices and going to give me dates/times he is available to meet with our IT people and determine how this would work. It looks like another good solution.

Sam Tidwell, CEO

American Red Cross, Greater Miami & the Keys Chapter

335 SW 27th Avenue, Miami, FL, 33135

Office: (305) 728-2510; Cell: (305) 632-8842

tidwells@usa.redcross.org

www.miamiredcross.org / www.cruzrojamiami.org

________________________________________

From: Marc Dubin [mailto:mdubin@pobox.com]

Sent: Monday, September 21, 2009 9:46 AM

To: Tidwell, Sam

Cc: kelly@soflacil.org; Marcie.Roth@dhs.gov; Shillinger-Bob@MonroeCounty-FL.Gov; sgraves@miamidade.gov; Chip.Wilson@em.myflorida.com; Laura George

Subject: RE: Volunteer sign language interpreters in shelters

Importance: High

Sam:

The question remains: In a hurricane, when people who are deaf or hard of hearing, who use sign language as their primary means of communication, seek shelter in a Red cross shelter, how does the Red Cross(and their partners, Miami-Dade and Monroe Counties) plan to effectively communicate with these evacuees? In a medical emergency, volunteer interpreters will not be qualified.

Where the communication is complex and lengthy, and the consequences of getting the information wrong are significant, passing notes back and forth is not legally sufficient under title II of the ADA, and the Red Cross and the Counties would have legal liability for failing to provide effective communication.

Being a "volunteer" organization does not exempt the Red Cross from the mandates of the ADA, and does not protect the Counties from liability for the failure of the Red Cross to provide effective communication.

As I have repeatedly informed you and the County, the Justice Department has spoken to this issue, and the Red Cross and the County continue to ignore their guidance, and continue to fail to engage qualified sign language interpreters.

"In emergency shelters, most information is conveyed through oral announcements. Shelter operators must ensure that people who are deaf or hard of hearing have access to this information in a timely and accurate manner. In some circumstances, qualified sign language or oral interpreters may be required by the ADA. In others, posting messages and announcements in written format on a centrally located bulletin board, or writing notes back and forth with residents who are deaf or hard of hearing, may suffice." http://www.ada.gov/pcatoolkit/chap7shelterprog.htm (emphasis added).... "The type of auxiliary aid or service required in a specific situation depends on several factors, including the length, complexity, and importance of the communication and the person’s language skills and history. For example, handwritten notes will not communicate information effectively to a person who cannot read." Id. " (A)dvance planning can significantly reduce the costs and administrative burdens of making interpreters available..." Id.

In other technical assistance material, the Justice Department sets out other helpful guidance about the effective communication obligation of the ADA:

"Various types of communication aids – known as “auxiliary aids and services” – are used to communicate with people who are deaf or hard of hearing. These include use of gestures or visual aids to supplement oral communication; use of a notepad and pen or pencil to exchange written notes; use of an assistive listening system or device to amplify sound for persons who are hard of hearing; or use of a qualified oral or sign language interpreter." http://www.ada.gov/lawenfmodpolicy.htm

"The type of aid that will be required for effective communication will depend on the individual’s usual method of communication, and the nature, importance, and duration of the communication at issue". Id.

"In many circumstances, oral communication supplemented by gestures and visual aids or an exchange of written notes will be an effective means of communicating with people who are deaf or hard of hearing. In other circumstances, a qualified sign language or oral interpreter may be needed to communicate effectively with persons who are deaf or hard of hearing. The more lengthy, complex, and important the communication, the more likely it is that a qualified interpreter will be required for effective communication." Id.

"A qualified sign language or oral interpreter is one who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Accordingly, an interpreter must be able to sign to the deaf individual (or interpret orally to the person who speech reads) what is being said by the officer and be able to voice to the officer what is being signed or said by the deaf individual. The interpreter must be able to interpret in the language the deaf person uses (e.g., American Sign Language or Signed English) and must be familiar with law enforcement terms and phrases. Because a qualified interpreter must be able to interpret impartially, a family member, child, or friend of the individual who is deaf may not be qualified to render the necessary interpretation because of factors such as professional, emotional, or personal involvement, or considerations of confidentiality. Additionally, although a “qualified” interpreter may be certified, a certified interpreter is not necessarily “qualified,” if he or she is not a good communications match for the deaf person (e.g., where the deaf person uses Signed English and the interpreter uses American Sign Language) or for the situation (e.g., where the interpreter is unfamiliar with law enforcement vocabulary)." Id.

In addition, under title II, primary consideration must be given to the request of the individual seeking the auxiliary aid or service:

"To serve each individual effectively, primary consideration should be given to providing the type of communication aid or service requested by the individual. Officers should find out from the person who is deaf or hard of hearing what type of auxiliary aid or service he or she needs. Officers should defer to those expressed choices, unless:

-- there is another equally effective way of communicating, given the circumstances, length, complexity, and importance of the communication, as well as the communication skills of the person who is deaf or hard of hearing; or

-- doing so would fundamentally alter the nature of the law enforcement activity in question or would cause an undue administrative or financial burden; only the Agency head or his or her designee may make this determination." http://www.ada.gov/lawenfmodpolicy.htm

So, again: In a hurricane, when people who are deaf or hard of hearing, who use sign language as their primary means of communication, seek shelter in a Red cross shelter, how does the Red Cross (and their partners, Miami-Dade and Monroe Counties) plan to effectively communicate with these evacuees? Other than being a volunteer organization (with millions of dollars of income a year) what is the Red Cross' (and the Counties') justification for failing to offer qualified interpreters (or video remote interpreting) in shelters?

Marc

________________________________________

From: TidwellS@usa.redcross.org [TidwellS@usa.redcross.org]

Sent: Monday, September 21, 2009 8:49 AM

To: Marc Dubin

Cc: kelly@soflacil.org; Marcie.Roth@dhs.gov; Shillinger-Bob@MonroeCounty-FL.Gov; sgraves@miamidade.gov; Chip.Wilson@em.myflorida.com

Subject: RE: Volunteer sign language interpreters in shelters

We are a volunteer organization, so we use volunteers……

Sam Tidwell, CEO

American Red Cross, Greater Miami & the Keys Chapter

335 SW 27th Avenue, Miami, FL, 33135

Office: (305) 728-2510; Cell: (305) 632-8842

tidwells@usa.redcross.org

www.miamiredcross.org / www.cruzrojamiami.org

________________________________________

From: Marc Dubin [mailto:mdubin@pobox.com]

Sent: Friday, September 18, 2009 9:44 PM

To: Tidwell, Sam

Cc: Kelly Green; Roth, Marcie; Shillinger-Bob; sgraves@miamidade.gov; Chip.Wilson@em.myflorida.com

Subject: Volunteer sign language interpreters in shelters

Sam:

Can you please explain to me why certified interpreters are not going to be used in Red Cross shelters, and why you believe that volunteer sign language interpreters are sufficient? I have repeatedly explained why I believe that the solution you and Mr. Sommerhoff propose - only using volunteers – violates the ADA, as in medical emergencies these volunteer interpreters would not be qualified, and would not provide effective communication.

What is your reasoning, please? Is it simply a question of funding?

Marc

Marc Dubin, Esq.

Director of Advocacy

Center for Independent Living of South Florida

6660 Biscayne Blvd.

Miami, Fl 33138

305-896-3000 mobile

305-509-7611 office

Skype: Southernmostatty

mdubin@pobox.com

Former Senior Trial Attorney 1992-2005

U.S. Department of Justice

Civil Rights Division

Disability Rights Section

Washington, D.C

www.ada.gov

“Marc’s style of negotiation is excellent. He offers concerns and information about possible violations of the law, time and time again, challenging one to improve services to people with disabilities and providing the tools and contacts to do so.... I have found him to be thoroughly professional, well-informed, very well-connected, and an asset to my efforts to enhance services to the disability community...." Joe Kocy, formerly the Broward County Administrator's Special Assistant for Housing,

Marc Dubin, Esq.

Director of Advocacy

Center for Independent Living of South Florida

Mobile: 305-896-3000

Fax: 877-731-3030

mdubin@pobox.com

Skype: marc.dubin

Twitter: @adaexpertise

Blog: http://www.DisabilityAdvocacyBlog.org

Former Senior Trial Attorney, U.S. Department of Justice

Civil Rights Division, Disability Rights Section 1993-2005

www.ada.gov

Responsible for nationwide enforcement of the ADA and Section 504 on behalf

of the United States 1993-2005

http://www.disabilityadvocacycouncil.org

http://www.DisabilityAdvocacyBlog.org

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of Justice:

"....I can confidently report that the Civil Rights Division is once again

open for business. The Civil Rights Division is committed to vigorous

enforcement of the ADA... We have placed a renewed focus on enforcing the

ADA ..."

“Several years ago, I worked with Marc in resolving a complaint against a local arts organization concerning accessibility. I found Marc to be thoroughly professional, an expert on the ADA, and a fine example of what an attorney advocating for his client can accomplish.” Betty Siegel, Director of Accessibility at the John F. Kennedy Center for the Performing Arts, Washington, D.C.

Available for Consultations

CanMiami Dade county be held liable for the ADA violations of the Red Cross?

2011-05-19T05:26:00.000-04:00

Yes. And they should be. And they know it, and let the discrimination happen anyway.....

http://www.ada.gov/regs2010/titleII_2010/titleII_2010_withbold.htm:

A public entity may not, directly or through contractual or other arrangements, utilize criteria or methods of administration—

(i) That have the effect of subjecting qualified individuals with disabilities to discrimination on the basis of disability;

(ii) That have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the public entity's program with respect to individuals with disabilities; or

(iii) That perpetuate the discrimination of another public entity if both public entities are subject to common administrative control or are agencies of the same State.

When will the County, and the Red Cross, come into compliance with federal law, and stop discriminating on the basis of disability?

Next Disability Advocacy Council Meeting Scheduled For this Friday, April 29th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025.

Text of the Revised Title II regulations

2011-05-19T05:20:00.003-04:00

http://www.ada.gov/regs2010/titleII_2010/titleII_2010_withbold.htm

Next Disability Advocacy Council Meeting Scheduled For this Friday, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025.

Are the County and the Red Cross Discriminating By Using Volunteer Sign Language Interpreters?

2011-05-19T05:11:00.000-04:00

In Miami-Dade County, evacuees who are deaf or hard of hearing are offered the services of volunteers who provide sign language services. Their qualifications are unknown, as the County and the Red Cross refuse to tell us, despite numerous requests to do so.

According to the Justice Department:
Source - Settlement Agreement with the New York Police Department (http://www.ada.gov/nypd.htm)

“Qualified interpreter” will mean and refer to a sign language or oral interpreter who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Accordingly, an interpreter must be able to sign to the deaf individual (or interpret orally to the person who does not use sign language) what is being said by the hearing person and to voice to the hearing person what is being signed or said by the deaf individual. The interpreter must be able to interpret in the language the deaf person uses (e.g., American Sign Language or Signed English) and must be familiar with terms and phrases commonly used during booking and detention. Additionally, although a qualified interpreter may be certified, a certified interpreter is not necessarily qualified, if he or she is not a good communications match for the deaf person (e.g., where the deaf person uses Signed English and the interpreter uses American Sign Language) or the situation (e.g., where the interpreter is unfamiliar with the necessary specialized vocabulary).

.“Effective communication” will mean communication with persons with disabilities that is as effective as communication with others. Effective communication is achieved by furnishing appropriate auxiliary aids and services where necessary to afford qualified individuals with a disability an equal opportunity to participate in or benefit from the services, programs, or activities of a public entity.

Can the volunteers in Red Cross shelters meet those criteria? Can they interpret in a medical emergency? I doubt it. Failure to do so is discrimination under the ADA and under Section 504 of the Rehabilitation Act of 1973. Are you listening, Mr. Sommerhoff and Mr. Tidwell?

When will the American Red Cross and Miami-Dade's Department of Emergency Management come into compliance with the ADA, and stop discriminating on the basis of disability?

Next Disability Advocacy Council Meeting Scheduled For this Friday, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025.

Misinformation from the Department of Emergency Management About Sheltering of People with Disabilities

2011-05-17T03:13:00.003-04:00

Hurricane season in Florida starts on June 1st.

I thought it would be helpful to highlight one of the calls with the County’s Department of Emergency Management (DEM), in which serious misinformation was conveyed:

After the consumer with a vision disability and I had called the Department of Emergency Management to get information about sheltering options and services provided, I received a call back the next day from Danielle Lynch, an employee of the County’s Department of Emergency Management, for whom I had left a message. I had been transferred to her, and she was not in, and did not return my call until the next day. The person in charge of the Emergency Evacuation Assistance Program had inexplicably chosen to go on vacation this month, just before hurricane season starts. See http://www.miamidade.gov/oem/special_needs.asp for more information about the program. (“Miami-Dade residents who require daily skilled nursing care, assistance with daily living, or have life-saving medical equipment dependent on electricity should register for the Special Needs & Emergency Evacuation Assistance Program (PSN/EEAP). This program is specifically for those individuals who live alone or with their families, and not in a managed care facility such as an assisted living facility (ALF) or nursing home.”)

It should be noted that if one is diverted from the Hurricane Evacuation Centers (run by the Red Cross, and located at public schools), one cannot go to the Special Needs Evacuation Centers without first receiving and filling out an application, qualifying for the service, and registering for the service. One must also go to the time-consuming and expensive process of having a doctor fill out a medical evaluation form. While the County says that applying is voluntary, not mandatory, this is actually not true, as Mr. Sommerhoff has instituted a policy that prohibits release of the locations of the Special Needs Evacuation Centers to anyone who has not successfully registered for the program – See http://www.miamidade.gov/oem/special_needs.asp:

“Registration for the PSN/EEAP is voluntary and the locations of the Special Needs Evacuation Centers (SNECs) and Medical Management Facilities (MMFs) are not published. Upon qualifying for the program, a letter of confirmation will be mailed to the special needs client and it will identify the shelter location will then be identified to the client.” (sic)

In the course of our conversation, I asked her about whether he would be able to get sheltering at a Hurricane Evacuation Center or would have to go to the Special Needs Evacuation Center. The correct answer, of course, is that he should be able to go into shelter at the Hurricane Evacuation Centers, as he has a visual disability and does not have any enhanced medical needs necessitating enhanced medical services that would only be available at the Special Needs Evacuation Centers. He also had no need for any assistance other that guidance to a bathroom (known as “wayfinding”) or assistance in having printed material read aloud to him. Both of these services should be readily available at the Red Cross shelters.

She not only got the answer wrong, she said something rather remarkable: “ We don’t work with the Red Cross, we work with the EEAP (Emergency Evacuation Assistance Program).” She apparently had in mind a narrow view of sheltering services available from the County – “we” being the EEAP, rather than “we” being the County’s Department of Emergency Services, which provides sheltering services in a variety of ways, with a variety of partners, including the Red Cross and the schools.

Understandable given the failure of Mr. Sommerhoff and others to commit to serving people with disabilities the way the ADA mandates they be served, and the failure to properly train DEM staff and 311 operators. (I am pleased to report that the 311 Program has instituted new training of all 311 operators as a result of our testing, and am pleased to report that the 311 Program is being very cooperative and forthcoming. Mr. Sommerhoff and his staff, in contrast, insist that all communications about my concerns be conveyed to the County Attorney, and he still refuses to meet with me or talk to me. The County Attorney and the Office of ADA Coordination continue to be equally uncooperative.)

I assume she was trained that the DEM works with the EEAP, helping people with disabilities get into the registration program for admission to the Special Needs Evacuation Centers, and was not trained about the services provided in the mass care shelters run by the Red Cross. In the course of our conversation, she initially responded that she did not know whether the consumer with a vision disability would have to register for admission to the Red Cross shelter, and told me to call the Red Cross (I did – they don’t answer the phone, and there is no information about this on their website) and then changed her position, informing me that she had looked it up on the Internet, and had learned that there was no requirement to register in order to shelter at the Hurricane Evacuation Centers operated by the Red Cross. She then referred me to the Mass Care Coordinator, who wasn’t in. (We had reached him late the prior afternoon, and he answered the questions correctly. When he realized he was also talking to me, and not just the consumer, he told me he had been instructed not to talk to me or to answer any of my questions, and that I had to talk only to the County Attorney’s Office.)

This, of course, highlights the problem – sheltering options of people with disabilities in disasters should be a continuum, and those with enhanced medical needs need to be able to access the appropriate services, including medical services if they have enhanced medical needs. For those without enhanced medical needs, they need to be able to shelter at the mass care shelters, and the necessary support services need to be made available to them there, including transfer assistance, accessible beds, assistance with dressing, wayfinding, and assistance with activities of daily living. That’s what the ADA mandates, that’s what the Civil Rights Division of the Justice Department says, that’s what FEMA says, and that’s good public policy.

When will Mr. Sommerhoff and the Red Cross get it? When will they come into compliance with the law, and serve people with disabilities without discrimination?

Marc

Letter to County re ADA Violations and Emergency Management

2011-05-16T23:38:00.002-04:00

Sunday, May 15, 2011

In two weeks, Florida faces another hurricane season. In my opinion, Miami Dade County continues to violate title II of the ADA and Section 504, by discriminating in its sheltering program, and by allowing the American Red Cross, with which it partners, to discriminate on the basis of disability. Here's my reasoning:

Here’s what appears in the Miami Dade County’s Emergency Management Plan:

“Those whose needs cannot be met in a general population evacuation center include people requiring … assistance with activities of daily living, …. “ (Emphasis added).

http://www.miamidade.gov/OEM/library/CEMP.pdf, at page 44.

The Special Needs Evacuation Center application says that:

“Only basic care and assistance are available…” and that that ...”(A )caregiver should accompany you and remain with you during your stay at the evacuation center…” http://www.miamidade.gov/OEM/library/11-03-20_EEAP_Application_English.pdf

To me, that sounds like the County is stating that they have a policy which diverts people with disabilities away from Red Cross shelters (Hurricane Evacuation Centers) if the individual needs any assistance and does not have someone with them to provide it.

As I read the Justice Department’s technical assistance and speeches on the subject, I conclude that the County’s policy violates title II of the ADA and Section 504 of the Rehabilitation Act of 1973. It is my opinion that the ADA requires the County to engage in a reasonable modification of policy, and that this includes but is not limited to the following:

 Provision of accessible beds;

 Provision of transfer assistance;

 Wayfinding assistance for evacuees like me who have vision disabilities;

 Assistance with dressing and undressing, if an evacuee with a disability needs this assistance;

 Assistance with toileting, if an evacuee with a disability needs this assistance;

 Assistance with activities of daily living, even if an evacuee has a personal care attendant, if the personal care attendant is absent;

 TTYs for evacuees in shelter who are deaf or hard of hearing; and

 Qualified sign language interpreters.

Here is what I base this opinion on:

• A speech on this subject by Dov Lutzker, Special Counsel, Disability Rights Section, Civil Rights Division, U.S. Department of Justice, concerning the obligations of the Department of Emergency Management and the Red Cross to provide evacuees with disabilities assistance that goes beyond assistance that is offered to evacuees who do not have disabilities, services that are far more than what the County’s application asserts is provided, published at http://www.ventusers.org/adv/iss-ada.html:

“Emergency programs, services, and activities typically must be provided in an integrated setting. To provide emergency shelter in an integrated setting, basic support services must be available, such as assistance in wayfinding, eating, dressing, transferring to or from a wheelchair, toileting, and reminders to take medication…. Shelters need to house people with varied disabilities and provide the supportive services they need to function in that setting.” (Emphasis added).

• The Justice Department’s Guidance on this, posted on the Justice Department’s website since July 26th, 2007, as the PCA Tool Kit: Chapter 7 - Emergency Management Under Title II of the ADA, located at http://www.ada.gov/pcatoolkit/toolkitmain.htm#pcatoolkitch7. The Guidance says the following:

The ADA requires people with disabilities to be accommodated in the most integrated setting appropriate to their needs and the disability-related needs of people who are not medically fragile can typically be met in a mass care shelter. For this reason, people with disabilities should generally be housed with their families, friends, and neighbors in mass care shelters and not be diverted to special needs or medical shelters…. (Footnotes omitted)

…. To comply with the ADA’s integration requirement, emergency managers and shelter operators need to plan to house people with a variety of disabilities in mainstream mass care shelters, including those with disability related needs for some medical care, medication, equipment, and supportive services. Emergency managers and shelter operators must also ensure that eligibility criteria for mass care shelters do not unnecessarily screen out people with disabilities who are not medically fragile based on erroneous assumptions about the care and accommodations they require. (Emphasis added)….

…Respect the right of people with disabilities to make choices about where to shelter…. The ADA requires emergency managers and shelter operators to accommodate people with disabilities in the most integrated setting appropriate to their needs, which is typically a mass care shelter.

House people with disabilities in mass care shelters even if they are not accompanied by their personal care aides…

Some people with disabilities use personal care assistance for activities of daily living, such as eating, dressing, routine health care, and personal hygiene needs. One question that frequently arises is whether people with disabilities who use attendant care can be appropriately housed in mass care shelters. In most instances, they can. Most people with disabilities who use attendant care are not medically fragile and do not require the heightened level of medical care provided in a special needs or medical shelter. (Emphasis added).

In the past, some shelter operators maintained policies that prevented people with disabilities who regularly use attendant care from entering mass care shelters unless they were accompanied by their own personal care attendants. These policies denied access to many people with disabilities.

During emergencies, many personal care attendants – like other people – evacuate or shelter with their own families instead of staying with their clients. Shelter operators should provide support services in mass care shelters to accommodate people with disabilities who are not medically fragile but need some assistance with daily living activities unless doing so would impose an undue financial and administrative burden. Such assistance can be provided by medical personnel or trained volunteers. (Emphasis added).

Despite this information having been brought to the attention of the Director of the County’s Office of Emergency Management, the Red Cross, the County’s Office of ADA Coordination, and the County Attorney’s Office, the County and the Red Cross persist in engaging in a discriminatory policy that effectively diverts people with disabilities away from the Hurricane Evacuation Centers run by the Red Cross, and depriving evacuees with disabilities of the support services which they need and to which they are entitled by law.

Other concerns include a 311 system that is untrained about services to people with disabilities in disasters and which consistently provides incorrect and misleading information to callers asking about these services, a Red Cross website entirely devoid of information about services to people with disabilities, and a County website that provides inaccurate, misleading information about these services and which plays hide the ball with information that is essential to people with disabilities seeking to make informed decisions about safety planning. As the Justice Department said when talking about services to people with disabilities in disasters:

Emergency planners sometimes assume that they know what will be best for people with disabilities and design evacuation, sheltering, and other emergency programs based on those assumptions. But those assumptions are frequently wrong, since even people with the same type of disability have different abilities and needs. People with disabilities have the right to make choices about the options that will best meet their needs. Like everyone else, in order to make informed choices, people with disabilities need accurate information about their options for emergency preparedness, sheltering in place, evacuation, transportation, sheltering, housing, and participation in other emergency programs. (Dov Lutzker, Special Counsel, U.S. Department of Justice, at http://www.ventusers.org/adv/iss-ada.html.)

Hurricane season starts in two weeks. When will Miami Dade County and the Red Cross come into compliance with federal civil rights laws prohibiting discrimination on the basis of disability and provide the services in Red Cross shelters that people with disabilities need and to which they have a right under federal law? Will Miami Dade have to experience what New Orleans experienced before they comply?

Marc

More on ADA Violations and the Red Cross

2011-05-16T23:35:00.002-04:00

Monday, May 16, 2011

Mr. Sommerhoff, the Director of Emergency Management in Miami-Dade Florida, has said that he is willing to meet with Kelly, my boss, as long as I am not at the meeting – I have advised against it. There are several reasons:

• The dispute is over a violation of the law. I know the law, and it is my job to advise Kelly and to advocate for public officials to comply with the law. I am in a better position than Kelly to discuss the law with the County, and need to hear what the County is saying in order to best advise her. Mr. Sommerhoff is participating in a disturbing pattern that other County officials have engaged in, including the County Attorney and the Office of ADA Coordination – refusing to acknowledge and correct a violation of the law. They have engaged in this behavior for years – refusing to offer accessible beds, refusing to provide transfer assistance, refusing to offer qualified sign language interpreters, refusing to offer TTYs. Eventually, after considerable and unjustifiable delay, they got the beds, the transfer assistance, the TTYs. But they continue to impose an unlawful policy that diverts people with disabilities who need assistance with activities of daily living, like dressing and toileting, away from the mass care shelters (the Hurricane Evacuation Centers – HACs), by refusing to offer these services anywhere but in the Special Needs Evacuation Centers. They continue to play hide the ball with information the disability community needs to make informed decisions. The County is in violation of the ADA, and Mr. Sommerhoff, as the head of the agency responsible for providing sheltering services in disasters, needs to step up and get the County to comply with the mandates of the ADA, instead of attacking me and refusing to discuss it with me. I can’t help it if the County Attorney and the Office of ADA Coordination don’t know the law, or choose to give him bad advice, or if he refuses to accept the information and advice I provide him. I continue to offer the advice, continue to offer to meet, and he continues to evade compliance and continues to refuse to meet with me. Perhaps when a new Mayor takes office, things will change at Mr. Sommerhoff’s office, and perhaps the County will come into compliance. We’ll see.

• It should not be up to a public official to decide who a member of a community group brings to a meeting. They may make ad hominem arguments, and accuse me of being too aggressive, but that is just cover for the reality that I am accusing them of discrimination. He should be more professional about this, and meet with me to discuss it.

• He has not responded to my questions and concerns for four years. He refuses to answer questions about his SNAP program, or about anything else. He has instructed his staff not to talk to me. His quick response to me yesterday was uninformative and defensive, and essentially admitted to the violation. He may be a professional when it comes to emergency management (I don’t know), but when it comes to serving people with disabilities in disasters, he is not willing to make the tough decisions and force the agency and the Red Cross to come into compliance. Why did he delay in getting accessible beds? Why did he delay in getting the TTYs? Why did he delay in getting EMTs to provide transfer assistance? Why doesn’t he fix the website and outreach so that answers are easily found? Why doesn’t he train his staff to answer questions correctly? Why doesn’t he force the Red Cross to offer assistance to people with disabilities needing help with dressing and toileting, or assign county staff to do it, or hire people to do it?

If he really wants to start a dialogue, let him start by changing the policy to come into compliance with the law, and let him offer to meet with me. I am not the problem – his refusal to come into compliance with the ADA is the problem.

Discussion of ADA Violations in Emergency Management, at CODI, Weds. 5/25th 130 pm

2011-05-16T23:32:00.000-04:00

Monday, May 16, 2011

Ilene:

I had an opportunity today to talk with Ernie, the Chair of CODI, about the upcoming CODI meeting. Turns out, I can make it after all. In light of this upcoming meeting being the last meeting before the start of hurricane season, I have asked Ernie if it would be possible to devote most of the new agenda item time to discuss Emergency Management issues, and he has agreed to do so. I have also asked to be placed on the agenda, for 20 minutes, to discuss the ADA violations of the County, and he has agreed to allow me the time I requested. This is in lieu of being allowed 3 minutes, at the end of the meeting, after the quorum is gone, for the public to talk.

Please let me know if you plan to oppose this, to prevent me from putting my concerns on the record of the CODI meeting, as you did on a previous occasion when I sought to alert CODI and the County Commissioners of the County’s failure to provide evacuees in wheelchairs with accessible beds and transfer assistance, as well as other ADA violations, under Mr. Sommerhoff’s watch.

As you will recall, at that time, the County provided evacuees in wheelchairs with inflatable mattresses, in both the general needs shelters (Hurricane Evacuation Centers) and the County’s Special Needs Evacuation Centers, in violation of the ADA. As you will also recall, I had told Mr. Sommerhoff, and you (and Heidi) of these violations, and it took an additional two years for Mr. Sommerhoff to get the accessible beds and provide transfer assistance by EMTs.

I had worked on these issues when I was at the Justice Department, and began advocating for these changes in Miami Dade in 2005, when I began working at the CIL. The County did not get the accessible beds and did not provide the transfer assistance until 2009.

As you are also aware, I recently wrote to Mr. Sommerhoff about the County’s ongoing violations of the ADA, including the unlawful policy of refusing to provide other essential assistance to evacuees in Red Cross shelters in Miami Dade County, including assistance with activities of daily living – including assistance in dressing and assistance with toileting – assistance that the Justice Department has repeatedly said is mandated by the ADA.

In a letter from Mirtha Gonzales, dated June 11th, 2010, in response to my various public records requests (which I made because no one from the County was willing to answer any questions), I was told that:

“With regards to autism spectrum disorder and cognitive disabilities, there are no specific plans….However, should the request be made at the evacuation centers to provide a ‘quiet area or room” for someone with autism, the County’s Hurricane Evacuation Center Liaison and the American Red Cross HEC Manager will work with the School Principal onsite to ensure that this request is filled.”

I respectfully suggest that at that point, it is likely too late. People with disabilities, including people with Autism Spectrum Disorder and cognitive disabilities need to know in advance that these quiet areas are available, so that they can make an informed decision whether to evacuate to a shelter. I also note that this information appears nowhere on the County’s website or on the website of the American Red Cross.

Ms. Gonzales’ response to my public records request also stated that:

“With regards to individuals who are deaf or hard of hearing, the County has two vendors that provide sign language interpretation. Additionally, we have identified county employees with the ability to communicate in American Sign Language (ASL) and during times of disaster, these employees will be stationed at our various evacuation centers to assist not only with ASL but as Disability Aides providing assistance to people with disabilities.”

I have several concerns about this response:

• Are the two vendors used at the Hurricane Evacuation Centers? When? How are people who are deaf or hard of hearing who use sign language supposed to know at which shelters these vendors are used?

• Are the volunteer county employees qualified sign language interpreters? Do they know the proper vocabulary and signs to effectively communicate? If so, how was this determined? How many are there, and where are they stationed?

• What do the employees who serve as “Disability Aides” do? What assistance do they provide? Why are they not mentioned in the County’s SOP? Does anyone provide assistance with dressing and toileting in Red Cross shelters, as required by the ADA? See http://www.ventusers.org/adv/iss-ada.html - Dov Lutzker, Special Counsel, U.S. Department of Justice, Civil Rights Division:

“Emergency programs, services, and activities typically must be provided in an integrated setting. To provide emergency shelter in an integrated setting, basic support services must be available, such as assistance in wayfinding, eating, dressing, transferring to or from a wheelchair, toileting, and reminders to take medication…. Shelters need to house people with varied disabilities and provide the supportive services they need to function in that setting.” (Emphasis added).

Also, in reviewing the County’s Hurricane Evacuation Centers SOP, I noted that Appendix 7 sets forth “Levels of Care at Evacuation Centers”. I am troubled by the express, categorical exclusion of evacuees with certain disabilities from the General Needs shelters operated by the Red Cross. In the document, evacuees seeking shelter are expressly excluded from sheltering at the Red Cross shelters if they have any of the following “conditions” (among others) (that is the term used in the document):

• Cerebral Palsy – Excluded from the Red Cross shelter. I note that Ernie has Cerebral Palsy – he is apparently not allowed to shelter in the Red Cross shelter.

• Arthritis - excluded from the Red Cross shelter unless “self-ambulating”. Apparently, if an evacuee has arthritis, and uses a wheelchair, they must shelter at the County’s Special Needs Evacuation Center.

• Cystic Fibrosis -excluded from the Red Cross shelter unless “stable”. If an evacuee has Cystic Fibrosis, and “requires medication and assistance with activities of daily living (ADL), they must shelter at the County’s Special Needs Evacuation Center.

• Multiple Sclerosis - excluded from the Red Cross shelter unless “self-ambulating”. If “wheelchair bound” (that is the term used in the County’s document), they must shelter at the County’s Special Needs Evacuation Center.

• Muscular Dystrophy - excluded from the Red Cross shelter unless “self-ambulating”. If “wheelchair bound” (again, that is the term used in the County’s document), they must shelter at the County’s Special Needs Evacuation Center.

• Neuromuscular Disorders - excluded from the Red Cross shelter unless “self-ambulating”. If “wheelchair bound” (again, that is the term used in the County’s document), they must shelter at the County’s Special Needs Evacuation Center.

• Osteoarthritis/Osteoporosis - excluded from the Red Cross shelter unless “self-ambulating”. If “wheelchair bound” (again, that is the term used in the County’s document), they must shelter at the County’s Special Needs Evacuation Center.

• Parkinson’s Disease - excluded from the Red Cross shelter.

• Wheelchair Transferrable (whatever that is - that is the term used in the document) - excluded from the Red Cross shelter unless “mobile with minimal assistance” (whatever that is). If “wheelchair transferrable” and “wheelchair bound with complicating conditions”, then the evacuee must shelter at the County’s Special Needs Evacuation Center.

In my view, these categorical exclusions from general needs Hurricane Evacuation Centers violate the ADA. I also note that the County does not provide the public with this information – I only obtained it after a great deal of resistance and delay from the County.

Might it be possible for you to arrange to have County officials present at the CODI meeting to answer questions and respond to my concerns? Might it also be possible for you to arrange to have Mr. Tidwell, the CEO of the Miami-Dade/Keys Chapter of the American Red Cross present to respond to questions?

In reviewing the Hurricane Evacuation Centers SOP’s Appendix 1 – ARC (American Red Cross and MDCPS (School Board) Agreement, I note that the Agreement commenced on June 1st of 2009 and is in effect for 10 years, ending May 31st, 2019. Does the County plan to require the Red Cross to come into compliance with the ADA before the agreement ends?

I also note that the SOP apparently makes no mention of the provision of transfer assistance in Red Cross shelters. Why is that?

The SOP also provides some information about the American Red Cross, and I note that it states the following:

“Services will be provided to those in need regardless of citizenship, race, religion, sex, or political affiliation”.

Notably, and regrettably, no mention is made of disability. Does the Red Cross believe that it is free to discriminate on the basis of disability, despite the passage of the ADA?

I look forward to discussing my concerns with CODI.

Marc

Miami-Dade transit agency eyes service cuts as feds hold back money

2011-05-11T08:38:00.000-04:00

Posted on Tue, May. 10, 2011

By Martha Brannigan, Alfonso Chardy and Matthew Haggman

mbrannigan@MiamiHerald.com

JOHN VANBEEKUM/MIAMI HERALD FILE, 2008

The three Miami-Dade Transit systems -- Metrorail, top, MetroMover, center, and Metrobus, on the street -- converge at the Government Center Metrorail Station on Northwest First Street during rush hour in downtown Miami. Miami-Dade County transit officials are preparing an emergency plan to cut services to Metrorail, Metrobus and Metromover as a suspension of federal grant money drags into its sixth month.

The emergency plan — the first acknowledgement by county officials of potential service cuts — comes as county officials confirmed for the first time that the U.S. Department of Transportation is conducting a criminal investigation at Miami-Dade Transit.

The Federal Transit Administration cut off the flow of $185 million in grant money in November amid regulators’ concerns about “serious financial mismanagement’’ at Miami-Dade Transit .

The focus of the criminal investigation by the federal DOT’s Office of Inspector General — which has been running parallel to FTA’s various regulatory audits — wasn’t immediately clear.

“They don’t tell us what they’re looking at,’’ said Ysela Llort, an assistant county manager who assumed direct responsibility for Miami-Dade Transit following the resignation in April of the agency’s embattled director, Harpal Kapoor.

Officials at the DOT’s Inspector General’s Office declined to comment Tuesday about the criminal investigation.

With the transit agency’s finances under a cloud, Miami-Dade officials have also been forced to postpone a $550 million bond offering planned for this summer to pay for various projects, such as the Metrorail airport link. “We’ve been keeping the [credit] ratings agencies informed about the situation,’’ Llort said.

To keep construction projects dependent on the bond issue on track, county officials plan to seek a bridge loan from a commercial lender for $100 million, of which $84 million would go to continue work on Metrorail’s elevated link between Miami International Airport and the Earlington Heights Station.

But even as the transit ordeal enters its darkest hour, negotiations between Miami-Dade County Commission chairman Joe Martinez and the Federal Transit Administration may prompt federal regulators to re-open the spigot on grant funding — under strict controls — to avert cuts in public transit service that could make federal regulators look bad.

After Martinez raised the specter of mass transit service cuts in a conversation with FTA Administrator Peter M. Rogoff and Atlanta Regional Administrator Yvette Taylor on April 29, the acting regional administrator, Linda Gehrke, wrote to Martinez, emphasizing that federal regulators don’t want Miami-Dade residents to suffer due to the “serious financial mismanagement’’ by county officials.

“Serious financial mismanagement at Miami-Dade Transit required the Federal Transit Administration to suspend all Federal payments,’’ wrote Gehrke, who is filling in while Taylor is on leave, in a May 2 letter. She added that “transit passengers of Miami-Dade County shouldn’t be punished due to the management problems at MDT.’’

Tuesday, federal officials reiterated that position. “The Federal Transit Administration believes strongly that the transit passengers of Miami Dade County should not be forced to suffer because of the mismanagement by Miami Dade Transit and county officials,’’ FTA associate administrator Brian Barber told The Miami Herald. “If FTA believes that significant service cuts are imminent due to the absence of federal funding, we may consider a very limited and scrutinized funding drawdown. However, the documentation that FTA will require from Miami Dade will be significant and the oversight of the use of the taxpayer dollars will be stringent.”

Llort and Martinez say it’s not clear whether the potential service cuts would be limited or substantial. Llort said if the county has to resort to cuts, it would look for ways to make them the least disruptive, for example, targeting duplicate routes and reducing frequency on some Metrorail and bus routes.

“Only as a last resort would we eliminate routes,’’ she said.

Llort and Martinez said they are hopeful of a breakthrough with regulators in coming days.

In an interview Tuesday, Martinez said, “We’ve had very good conversations and I believe we’ll be able to solve this situation.’’

One scenario discussed, he said, would be to restore some funding with the requirement that Martinez and County Manager Alina Hudak personally sign for each release of federal money.

That’s a far cry from the norm at FTA, which allows transit agencies in good standing to make easy electronic drawdowns to obtain federal reimbursement for expenses.

Problems at Miami-Dade Transit heated up in November when the FTA, which doles out federal transportation funds, suspended reimbursement in federal grants to the county-run transit agency amid concerns about shoddy financial management and weak internal controls. Regulators criticized the county agency for, among other things, failing to document how federal grant money was being spent and improper accounting for its bus fare boxes.

Since the freeze, Miami-Dade has tapped about $102 million from its general fund that normally would have been covered by the federal grants, hoping that the county could resolve regulators’ concerns and get the federal money flowing.

Instead, things got worse. On April 8, federal regulators abruptly suspended several audits, amid exasperated explanations that the auditors couldn’t determine “the veracity of MDT’s information.’’ The FTA told the county to address eight key areas of shoddy financial management and weak financial controls before the review could go forward. Assistant county manager Llort said the county is ready to address all of FTA’s concerns.

A vacuum of leadership at the county may have exacerbated the problems at the transit agency. Carlos Alvarez was recalled as county mayor March 15 and his top gun, George Burgess, resigned as county manager the next morning. Just before leaving office, Alvarez appointed Alina Hudak, a long-time aide, as county manager to succeed Burgess. Then in April, Kapoor, resigned as head of the transit agency. A special election to pick a new mayor is set for May 24.

The talk of service cuts mark a change in tenor among county officials, who until recently have sought to minimize the seriousness of the federal reviews. In a letter to FTA’s acting regional administrator Gehrke on May 3, County Commission Chairman Martinez said the county’s “ability to drawdown on federal funds will be key to the [County Commission’s] consideration of any curtailment of service in the near term.’’

--------------------------------------------------------------------------------

Read more: http://www.miamiherald.com/2011/05/10/v-print/2211021/miami-dade-transit-agency-eyes.html#ixzz1M2xLWLCo

Next Disability Advocacy Council Meeting Scheduled For Friday, May 20th, from 10 am to 12 noon. 6660 Biscayne Blvd., Miami (CIL Offices - Parking in back) Join us in person, or by conference call. Call 800-204-5502. Code: 938460 Please try to RSVP, to Mary at 305-751-8025. For ADA accommodations, contact Mary no later than 5 days before the meeting.

Lawmakers press for reforms on ALFs

2011-05-07T22:20:00.000-04:00

http://www.miamiherald.com/2011/05/07/v-fullstory/2206079/lawmakers-press-for-reforms-on.html

Miami Herald -- Investigation of Assisted Living Facilities Part 2

2011-05-04T11:33:00.000-04:00

http://www.miamiherald.com//neglected_to_death/

Miami Herald -- Investigation of Assisted Living Facilities

2011-05-01T20:22:00.000-04:00

http://www.miamiherald.com/neglected_to_death/

PART ONE IN A THREE-PART SERIES

Once pride of Florida; now scenes of neglect

A Miami Herald investigation of Florida’s assisted-living facilities found that safeguards once hailed as the nation’s best have been ignored in a spate of tragedies never before revealed to the public

Read more: http://www.miamiherald.com/neglected_to_death/#ixzz1L9Ls2lwj

He's not a deaf veteran - He has a personality disorder How the Army fraudulemtly uses "personality disorder"to discharge wounded soldiers

2011-04-30T08:10:00.000-04:00

http://www.thenation.com/article/disposable-soldiers

The mortar shell that wrecked Chuck Luther's life exploded at the base of the guard tower. Luther heard the brief whistling, followed by a flash of fire, a plume of smoke and a deafening bang that shook the tower and threw him to the floor. The Army sergeant's head slammed against the concrete, and he lay there in the Iraqi heat, his nose leaking clear fluid.

"I remember laying there in a daze, looking around, trying to figure out where I was at," he says. "I was nauseous. My teeth hurt. My shoulder hurt. And my right ear was killing me." Luther picked himself up and finished his shift, then took some ibuprofen to dull the pain. The sergeant was seven months into his deployment at Camp Taji, in the volatile Sunni Triangle, twenty miles north of Baghdad. He was determined, he says, to complete his mission. But the short, muscular frame that had guided him to twenty-two honors--including three Army Achievement Medals and a Combat Action Badge--was basically broken. The shoulder pain persisted, and the hearing in his right ear, which evaporated on impact, never returned, replaced by the maddening hum of tinnitus.....

....Doctors at Camp Taji's aid station told Luther he was faking his symptoms. When he insisted he wasn't, they presented a new diagnosis for his blindness: personality disorder......

....For three years The Nation has been reporting on military doctors' fraudulent use of personality disorder to discharge wounded soldiers [see Kors, "How Specialist Town Lost His Benefits," April 9, 2007]. PD is a severe mental illness that emerges during childhood and is listed in military regulations as a pre-existing condition, not a result of combat. Thus those who are discharged with PD are denied a lifetime of disability benefits, which the military is required to provide to soldiers wounded during service. Soldiers discharged with PD are also denied long-term medical care. And they have to give back a slice of their re-enlistment bonus. That amount is often larger than the soldier's final paycheck. As a result, on the day of their discharge, many injured vets learn that they owe the Army several thousand dollars.....

For full article, visit http://www.thenation.com/article/disposable-soldiers

Saturday, 4/29: National Suicide Prevention Hotline's TTY number still broken

2011-04-29T23:22:00.000-04:00

Friday, April 29, 2011

Dear Bob:

Unfortunately, the TTY line still does not work.

It is 1040 pm on Friday night, and I just tested it again, twice. I dialed 800 799-4889 (the number that appears on http://www.suicidepreventionlifeline.org/ as the TTY line). A voice message comes on: “You have reached the National Suicide Prevention Lifeline TTY Line for the Hearing Impaired. If you are not calling from a TTY machine and wish to speak with someone, press 1 now. Or, hang up and dial 1-800-273 TALK, that’s 1- 800-273-8255.”

Then, there is silence, and the call is transferred. Rings 8 times. Then, someone picked up and spoke with me, rather than being answered by a TTY. Valerie told me that it was not working. Said she did not hear any signals. Asked me to call her back, which I did. Rang twice, and it worked. I asked for Valerie. I asked her to call me back. She told me to call her at 800-448-3000. I did, and reached the Boystown hotline voice number. Spoke with her. Please call her at 800-842-1488 at Boystown. Or call Chris Bosiljevac, the Director of the Hotline, at the same number. I finished the call at 1114 pm Friday night.

Thank you for your assistance with this.

Marc

Marc Dubin, Esq.

mdubin@pobox.com

305 896 3000 mobile

From: Bob Kessler [mailto:BKessler@mhaofnyc.org]

Sent: Friday, April 29, 2011 3:41 PM

To: Marc Dubin

Cc: Jessica Haas; Gohr, Virginia M.; 'Bosiljevac, Kristine (Kristine.Bosiljevac@boystown.org)'; adaexpertise@listbox.com; kelly@ncil.org; Steve@swcil.com; Dale, Kareem A.; Barham, Rich (Rich.Barham@va.gov)

Subject: RE: Saturday - VA's Suicide Hotline's TTY Number Still Does Not Work

Hello Mr. Dubin-

Sorry for the delay in getting back to you

Just wanted to let you know that we share your concerns regarding connectivity to our TTY service and are actively working to improve it.

Seems that there are two issues. The first was a physical problem with the telephone line, that has now been repaired.

The other issue is that the TTY line is supported by counselors that also answer voice telephone lines. Most of the centers that make up our network do not have sufficient funding to support all the staff they would like, so sometimes callers have to wait in queue because all counselors are busy on other calls. If all counselors are on calls when the TTY line rings, a counselor may not be able to end a call in time to pick up the TTY line. Our national backup crisis center “Boystown” , the center that provides coverage for the TTY line, pulled records for 2010 as per our request, and found that 547 calls came in to the TTY machine, and of these 422 were answered. Of the 422 that were answered only 4 were actual TTY callers. This TTY machine supports the Lifeline’s toll free number as well as Boystown’s own TTY number and they cannot tell which number the 4 actual TTY calls came in on.

As I said before the volume is low. In contrast the VA’s online Chat system received 8,600 visitors in 2010, and the Lifeline calls centers answered 700,000 calls.

Despite the low volume we are committed to have the TTY service available to anyone who needs it 24/7 and we are actively looking into ways to make it work better. We have a few ideas but it may take a few weeks to put a new system in place. I will keep you posted on this situation and want to thank you again for your concern and the effort that you have put into helping to have this problem resolved.

Sincerely;

Bob Kessler

Bob Kessler

Direction of Information Technology

National Suicide Prevention Lifeline

50 Broadway, 19th Floor, New York, NY 10004

212.614.6342

www.suicidePreventionLifeline.org

From: Marc Dubin [mailto:mdubin@pobox.com]

Sent: Tuesday, April 26, 2011 6:44 AM

To: Bob Kessler

Cc: Jessica Haas; Gohr, Virginia M.; 'Bosiljevac, Kristine (Kristine.Bosiljevac@boystown.org)'; adaexpertise@listbox.com; kelly@ncil.org; Steve@swcil.com; Dale, Kareem A.

Subject: RE: Saturday - VA's Suicide Hotline's TTY Number Still Does Not Work

Bob Kessler

Direction of Information Technology

National Suicide Prevention Lifeline

50 Broadway, 19th Floor, New York, NY 10004

212.614.6342

www.suicidePreventionLifeline.org

Tuesday, April 26, 2011

Dear Bob:

Thank you for getting back to me. Please allow me to begin by expressing my appreciation for the work being done to help people across the country address depression and thoughts of suicide, and particularly, the work being done on behalf of veterans. I know that the work is stressful, and essential. I do not question the commitment of you and those working with you. What I have been trying to have addressed is the apparent failure to properly offer these services to veterans (and others) who are late-deafened and need the services. It is my hope that the VA and the National Suicide Prevention Lifeline will work with me and others in the disability community to address these concerns.

I readily acknowledge that this is a complex problem. I respectfully suggest that you and the VA need to consult with people with disabilities and their advocates to address it. And you need to fix the TTY line. Now. How many suicides have occurred as a result of it not functioning? How many will occur until it is fixed?

The veterans to whom I am referring are veterans of recent wars, and are late-deafened. As such, unlike people who are pre-lingually deaf, this population likely reads and writes English, and can speak well. Those who have access to the Internet are likely utilizing your online text service, not using a TTY. Nevertheless, for some veterans, particularly those who are homeless or in poverty, access to the Internet is not a reality, unless they go to a public library, which typically is not open in the evenings. How are these individuals expected to access your hotline? If you do not properly advertise the TTY line, how are they expected to use it? When they call, if it does not work, how are they expected to rely on it? In my view, for many, the use of the TTY remains the only option, and if your TTY line is not operating, or staff is improperly trained, you are essentially abandoning them.

I am also deeply concerned with what appears to be a lack of urgency here on the part of the VA and on the part of National Suicide Prevention Lifeline. I first alerted the VA of this problem over two weeks ago, on April 12th. See http://cilsfla.blogspot.com/2011/04/concerns-about-suicide-hotline-failing.html In that letter, I informed the VA that a deaf vet had informed me that:

“(T)here is a tty/tdd number of 18007994889 and it is a un-working TDD/TYY number. I just called again to verify that I wasn't losing my mind…. I did it three times… MY TDD IS UNABLE TO CONNECT WITH A TDD AT THE OTHER END." …"That number you gave me over the phone NATIONAL SUICIDE PREVENTION TDD 18007994889 is a bogus number for the Deaf. The relay operator attempted to call two times and it did connect but here was silence...”

I also informed Ms. Stephenson of my concerns about the lack of information about the TTY number on the VA’s website, and in outreach material. I then spoke to her on her cell phone, and again expressed the urgency of the concern. I was told that although she was on travel, the matter would be addressed.

On April 13th, after our phone conversation, I wrote to Ms. Stephenson. (See http://cilsfla.blogspot.com/2011/04/followup-on-our-conversation-about-my.html):

I wrote that:

“(It is ) imperative that the Veterans Administration take steps to better serve veterans with disabilities who are contemplating suicide, and involve the disability community and disability advocates in the process….” To my knowledge, that has not been done.

I wrote:

“Someone needs to test the TTY response, and ensure that the failures we experienced last night not continue.” The failures continue.

I inquired whether “the Veterans Administration undertaken any studies about veterans with disabilities and suicide?” No response. I also asked a series of questions, all of which remain unanswered. I also again expressed the urgency of ensuring that the TTY line of the Suicide Hotline was working. I wrote: “I believe time is of the essence here…”

On April 19th, I still had received no response, and the TTY number was still not working. I contacted her again, and asked what had been done. I received the following message on April 20th:

“I am sorry that no one has gotten back to you. As you know I was on travel and now on vacation. I will follow-up with the appropriate folks when I return to the office next week.”

Frankly, I was amazed that I was being told that concerns about a suicide hotline would not be addressed until someone at the VA was done vacationing, and wrote back about this on the 20th of April:

Pardon my confusion. I expressed concern that the VA's suicide hotline's TTY number does not work, and you are telling me that someone from the VA will get back to me when you get back from your vacation, some time next week?

Might it be possible for someone from the VA to take this seriously enough to address it now? Who are the "appropriate folks", and what are they waiting for?

Then, without further explanation, she wrote that “Rich Barham from the Veterans Crisis Line will be in contact with you.” No explanation of the delay, no apology for the delay, and no further contact from Ms. Stephenson or anyone else at the VA. And the TTY line remained broken. A test of the TTY line on the morning of the 20th revealed that it was still not working. The deaf vet reported that:

“YOU HAVE REACHED THE NATIONAL SUICIDE PREVENTION CENTER TTY LINE FOR HEARING IMPAIRED (F)" We were put on hold with background music and after a intelligent wait the FRS operator said "I'M SORRY BUT THEY ARE NOT RESPONDING" I thanked the operator and hung up.”

On January 21st, I spoke with Jessica Haas and Rich Barham. Ms. Haas wrote to me on the afternoon of April 21st, stating that:

“The crisis center in the Lifeline network that handles TTY calls for us has reported back to me that the line is back up and running now. They had a telephone technician come out, and he discovered that in the midst of doing maintenance work, the connection to the machine was inadvertently broken when a wire was pulled. I’ve verified that the service is back on through a free service called NexTalk. IP-Relay is also a popular free online TTY service.”

I asked:

“When was the maintenance done? How long has it been out of service?” She wrote back that:

“(S)he was told it occurred sometime yesterday and was corrected just a couple of hours ago…”

How does that explanation make sense, when I reported that the TTY line had not been working since at least April 13th, when I first reported it to Ms. Stephenson? I never heard back from Ms. Haas either. The deaf and hard of hearing communities, particularly vets, deserve honesty about this, not fiction. They have earned it.

Continued testing of the Hotline’s TTY number continued to verify that in fact, it still does not work. I tested it most recently on the evening of Easter Sunday, and it failed.

In your response, you indicated that:

“As you know we do offer a Chat system for veterans, this system does work very well and is available through the Veterans portion of our website. While our current funding, and funding to most of the crisis centers in our network does not include support for communications via chat or for text messaging, these are two services we hope to be able to provide some day as this is a preferred method for young people and the preferred method for people with hearing disabilities.”

For reasons set forth in my earlier letters, I do not feel that the Chat system resolves the concerns.

I appreciate your statement that will you will “continue to support TTY for as long as there are people that desire to connect to us using that technology…” I hope so.

An operating TTY line is essential, despite the advent of new technology, and the popularity of smart phones, texting, Captel phones, and your online texting option. In the article you cited, the author asserts that there is “No need to fire up my TTY whenever I wanted to call via relay service — I only needed to click on my smartphone or sit at my computer.…” http://blog.proud-geek.com/2007/03/10/do-we-need-ttys-anymore/ For many, that is true, but what of those who cannot afford Internet access, or a smart phone, or a Captel phone? According to a recent Miami Herald report, 30% of people in South Florida, for example, do not have access to the Internet. http://www.miamiherald.com/2011/04/14/2182507/left-behind.html . What are they supposed to do? Even if they can access the Internet at a public library, what are they supposed to do when the library is closed? And what of those who are homeless? What are they supposed to do when they are contemplating suicide? Is the VA prepared to issue vets with service-related hearing loss a smartphone or Captel phone?

As I pointed out in my earlier letters:

Hearing damage is the number one disability in the war on terrorism, according to the Department of Veterans Affairs (VA). Some experts say it could take decades before the true toll becomes clear. Nearly 70,000 of the more than 1.3 million troops who served in the two war zones are collecting disability for tinnitus -- a potentially debilitating ringing in the ears. What's more, more than 58,000 veterans are on disability for hearing loss, according to the VA. One cause is powerful roadside bombs.

Sixty percent of U.S. personnel exposed to blasts suffer from permanent hearing loss, and 49 percent also suffer from tinnitus, according to military audiology reports… http://cilsfla.blogspot.com/2011/04/concerns-about-suicide-hotline-failing.html

“The Homeless Research Institute also estimates that up to 467,000 veterans were at risk of homelessness. At risk is defined as being below the poverty level and paying more than 50 percent of household income on rent.” http://povertynewsblog.blogspot.com/2007/11/veterans-becoming-homeless.html.

For them, access to a TTY is a lifeline, and when they call, it has to work. And responders need to respond.

The National Council on Independent Living (NCIL), in Washington, D.C. is an excellent resource. Have you ever contacted them? I am a member of their Veterans Committee. Please visit http://www.ncil.org/ and http://www.ncil.org/resources.html#vets.

I look forward to hearing from you.

Sincerely,

Marc

Marc Dubin, Esq.

mdubin@pobox.com

305 896 3000 mobile

From: Bob Kessler [mailto:BKessler@mhaofnyc.org]

Sent: Monday, April 25, 2011 5:04 PM

To: Marc Dubin

Cc: Jessica Haas; Gohr, Virginia M.; 'Bosiljevac, Kristine (Kristine.Bosiljevac@boystown.org)'

Subject: RE: Saturday - VA's Suicide Hotline's TTY Number Still Does Not Work

Hello Mr. Dubin

Thank you for your concern regarding TTY service on the National Suicide Prevention Lifeline

I was out of town during your initial contact with the Lifeline and Jessica has forwarded me you email now that I have returned.

Providing TTY service has been and remains a challenge for us. Soon after Lifeline began taking phone calls in Jan 2005 we began work on setting up a TTY line.

At that time we didn’t have nearly as many crisis centers in our network as we do now, but still we had over 100. These crisis centers are all completely independently operated and receive their funding independently from a variety of sources, including local, state, and private funding, and often a mix of more than one.

In order to set up our own TTY system we spoke with centers in our network that had their own TTY lines in place, many do. We heard time and time again, that while the centers had TTY capability, they actually got very little if any actual use, and when the TTY machine rang there was rarely another TTY machine on the other end.

We decided that rather than use the model we use for voice calls, whereby we route calls to the nearest center in our network, it made much more sense to concentrate the TTY calls at a single center. We believed that for our TTY service to work well, there would need to be enough call volume for the staff to become familiar with the equipment and familiar conversing using TTY and with thousands of counselors in our network most would never receive a TTY call if we included the entire network.

We found that even with sending all calls to a single TTY machine very, very few actual calls came in. Virtually all calls were people that were trying to reach the Lifeline, but did not realize that they were calling a TTY machine. Still others were just wrong numbers, and occasionally someone testing the line. But very few real callers using a TTY machine. After a while we began intercepting calls coming in on the TTY line and playing an audio message for the vast majority of callers that dialed it without realizing it was a special line and giving them a chance to press one and connect to their local crisis center instead of the TTY line.

Just about all of our crisis centers have had some budget cuts and most are short of staff. At our national backup center, which is the center that supports our TTY line, if all counselors are busy on calls any new calls that come in are placed in queue where the caller hears a message to please wait for the next available counselor. We do not have this ability with our TTY line.

I will revisit our options regarding our TTY service and we will continue to support TTY for as long as there are people that desire to connect to us using that technology.

Here is a link to a blog article written by a hearing impaired individual discussing the need to continue to support TTY’s

http://blog.proud-geek.com/2007/03/10/do-we-need-ttys-anymore/

As you know we do offer a Chat system for veterans, this system does work very well and is available through the Veterans portion of our website. While our current funding, and funding to most of the crisis centers in our network does not include support for communications via chat or for text messaging, these are two services we hope to be able to provide some day as this is a preferred method for young people and the preferred method for people with hearing disabilities.

Thank you and please feel free to call or email me if you would like to discuss this

Bob Kessler

Direction of Information Technology

National Suicide Prevention Lifeline

50 Broadway, 19th Floor, New York, NY 10004

212.614.6342

www.suicidePreventionLifeline.org

----- Forwarded message -----

From: "Marc Dubin"

Date: Sat, Apr 23, 2011 9:37 am

Subject: Saturday - VA's Suicide Hotline's TTY Number Still Does Not Work

To: "adaexpertise@listbox.com"

Cc: "Barham, Rich" , "Jessica Haas" , "Krista.Stephenson@va.gov"

Saturday, April 23, 2011

VA's Suicide Hotline's TTY Number Still Does Not Work

I received a report from a vet who is deaf, who tested the National Suicide Prevention Hotline. Here is his report::

Saturday, April 23rd, 6:00 a.m.:

Called VA National Suicide Center

Let ring and allowed my TDD to send an announcer message that it is indeed a TDD calling in Voice. (female if I remember)

6:00 a.m. Four minutes no TDD connect, (no answer), hung up.

-- Marc

Marc Dubin, Esq.

Director of Advocacy

Center for Independent Living of South Florida

Mobile: 305-896-3000

Fax: 877-731-3030

mdubin@pobox.com